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Application Materials_� E IDIAM-_ @6�dlll�b Planning Division DEVELOPMENT REVIEW APPLICATION STAFF USE ONLY: Project name: C� dSSi !N,/`eIzSS t—oM�stttvt:ea�%v�.��i� File number(s): Assigned Planner: 5e02Ao ', Z dnard Related files: Type of Review Requested (check all that apply) ❑ Accessory Use (check only 1) ❑ Final Plat Modification ❑ Daycare ❑ Landscape Plan Modification ❑ Home Occupation ❑ Preliminary Plat ❑ Home Occupation/Instruction for 7 or more ❑ Private Street Administrative Design Review ❑ Property Boundary Adjustment ❑ Alternative Compliance ❑ Rezone ❑ Annexation and Zoning ❑ Short Plat IN Certificate of Zoning Compliance ❑ Time Extension (check only 1) ❑ City Council Review ❑ Director ❑ Comprehensive Plan Map Amendment ❑ Commission ❑ Comprehensive Plan Text Amendment ❑ UDC Text Amendment ❑ Conditional Use Permit ❑ Vacation (check only 1) ❑ Conditional Use Modification (check only 1) ❑ Director ❑ Director ❑ Commission ❑ Commission ❑ Variance ❑ Development Agreement Modification ❑ Other ❑ Final Plat Applicant Information Applicant name: Horizon Tower / Verizon Wireless Phone: Applicant address: City: Email: State: Zip: Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned ® Other Tower owner and I st carrier to collocate Owner name: David Turnbull - Brighton Corporation Phone: (208) 378-4000 Owner address: 12601 W Explorer Dr., #200 Email: dtumbull@brightoncorp.com City: Boise State: ID Zip: 83713 Agent/Contact name (e.g., architect, engineer, developer, representative): Firm name: Zachary Williams - Powder River Development Services, LLC Phone: (208) 963-4026 Agent address: 408 S. Eagle Rd, Ste. 200, Eagle, ID 83616 Email: zachary.williams n powderriverdev.com City: Eagle State: ID Zip: 83616 Primary contact is: ❑ Applicant ❑ Owner ® Agent/Contact Subject Property Information Location/street address: 2760 W. Excursion Ln, Meridian, 83642 Township, range, section: Assessor's parcel number(s): S 1214314915 Total acreage: Zoning district: C -G Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 ww\a,.merid iancity.or0plannin9 - I Rer: (2/2/2 0 1 82/7/2 0 1 8) Project/subdivision name: Horizon Tower'Spanish Sun' Monopine Wireless Communication Facility General description of proposed project/request: Construction of a new stealth, 100' monopine tower and compound with related ancillary equipment Proposed zoning district(s): no change Acres of each zone proposed: Type of use proposed (check all that apply): ❑ Residential ❑ Office ® Commercial ❑ Employment ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? N/A unmanned WCF Which irrigation district does this property lie within? Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water); none Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2-3 bedrooms: 4 or more bedrooms: Minimum square footage of structure (excl. garage): Maximum building height: Minimum property size (s.f): Average property size (s.f): Gross density (Per UDC l 1-1A-1): Net density (Per UDC 11-1A-1): Acreage of qualified open space: Percentage of qualified open space: Type and calculations of qualified open space provided in acres (Per UDC 1 I -3G -3B): Amenities provided with this development (if applicable): _ Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Duplex ❑ Multi -family ❑ Vertically Integrated Non-residential Project Summary (if applicable) ❑ Single-family Attached ❑ Townhouse ❑ Other Number of building lots: ' Common lots: Other lots: Gross floor area proposed: 40'X 60' compound area 2,400 sf Existing (if applicable): N/A Hours of operation (days and hours): N/A unmanned. Building height: loo' monopine structure Total number of parking spaces provided: N/A Number of compact spaces provided: N/A Authorization Print applicant name: Zachary Williams f Applicant signature:! Date: ��! 6' Community Development ■ PIanning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Plione: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org/plaiming -2- Rev: (2/7/2018) POWDER RIVER Development Services, LLC July 17, 2018 City of Meridian Community Development: Planning 33 E. Broadway Ave, Ste. 102 Meridian, ID 83642 Powder River Development Services, LLC 408 S. Eagle Rd, Ste. 200 Eagle, ID 83616 (208) 938-8844 office (208) 938-8855 fax www.powderriverdev.com Subject: Parcel: S1214314915 Site Address: Near 2760 W. Excursion Ln, Meridian, 83642 Project Name: Horizon Tower 'Spanish Sun' Wireless Communications Facility Planning and Development Services, Powder River Development Services is representing Horizon Tower regarding the construction of a new wireless communication facility in the City of Meridian, referenced above. The scope of work of this project consists of: Construction of a new stealth, 100' tall monopine tower which will allow for collocation of multiple tenants. The compound will have a 8' tall walled 40X60 lease area with a 5' wide landscape buffer around the rear and sides. Attached is the Narrative required by the City of Meridian for Certificate of Zoning Compliance permit applications. If you have any questions or need more information, please don't hesitate to ask Respectfully, C;acAat# William -6 Site Acquisition Agent Powder River Development Services, LLC 408 S. Eagle Rd, Ste. 200 Eagle, ID 83616 (208) 963-4026 zachary.williams@powderriverdev.com Narrative Certificate of Zoning Compliance Application for Horizon Tower 'Spanish Sun' Monopine Wireless Communication Facility A Proposal Submitted to the City of Meridian Prepared for: Horizon Tower Verizon Wireless Prepared by: �� POWDER RIVER Development Services, LLC 408 S Eagle Rd, Ste. 200 Eagle, ID 83616 July 17, 2018 Contents Descriptionof Project......................................................................................................... 2 Description of current and proposed uses........................................................................... 2 Response to the Wireless Communication Facilities Approval Criteria ............................ 2 Conclusion.......................................................................................................................... 8 Horizon Tower — Spanish Sun Wireless Communications Facility Monopine Certificate of Zoning Compliance Application Description of Project With the Treasure Valley being one of the fastest growing regions in the US, there has been an increased network demand for cellular service. As illustrated in the enclosed drawings, the proposed 100' monopine will support panel antennas, and new ground mounted equipment will be located within a walled compound. Additional space on the monopine is available to accommodate additional wireless carriers as needed for future collocation opportunities. The new wireless facility will add to Verizon Wireless' existing network and provide improved services to customers and improved calling capacity, thereby improving overall system performance. Verizon Wireless is committed to providing the latest in quality wireless services to the City of Meridian and the surrounding area for years to come. Description of current and proposed uses The proposed location of this development in the C -G (General retail and service commercial district) zoning district, is allowed with a Certificate of Zoning Compliance (Title 11-4-3-43 C. 5. a. City of Meridian Unified Development Code Chapter 4 Specific Use Standards). The proposed facility will be located near the corner of W Excursion Ln and S Ten Mile Rd, on a lot shared with a commercial office park. Because maintenance visits occur approximately once a month, there will be virtually no transportation impact to the surrounding area. Response to the Wireless Communication Facilities Approval Criteria All responses by Powder River Development Services (applicant) are in bold. 11-4-3-43: WIRELESS COMMUNICATION FACILITY: A. Purpose: The purpose of this section is to accommodate the communications needs of the city of Meridian's residents and businesses while at the same time protecting the safety, aesthetic appeal and general welfare of the community. Furthermore, it is the purpose of this section to regulate the impact of communication towers within the city limits and to provide for the wireless communication needs of the public. The intent of this section is to: 1. Facilitate the provision of wireless telecommunication services to the residents and businesses of the city of Meridian. 2. Minimize the adverse visual effects of communication towers and other similar structures through careful design standards. 3. Avoid potential damage to adjacent properties from the structural failure of towers and other such structures through structural standards and setback requirements. 4. Require the collocation of new wireless communication equipment, when possible, in order to reduce the number of towers required to serve the city. 5. Encourage the location of wireless communication facilities in nonresidential districts and/or districts where nonresidential uses are allowed. Horizon Tower — Spanish Sun Wireless Communications Facility Monopine Certificate of Zoning Compliance Application 6. Encourage the construction of stealth communication towers which are compatible with their surroundings and do not detract from the overall visual quality of the city. B. Applicability: The following provisions shall apply to any construction, installation, addition to or increase in the height of any wireless communication tower. C. Process: The process for wireless communication facilities is dependent upon standards as set forth in this section and the district in which the facility is located. 1. All proposed communication towers shall be designed (structurally and electrically) to accommodate the applicant's antennas as well as collocation for at least one additional user. Response: The 100' monopine will accommodate future collocations for multiple carriers using a stealth design. 2. A proposal for a new commercial communication tower shall not be approved unless the decision making body finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved structure and/or tower. Response: Based on the design criteria for selecting wireless facilities, Verizon Wireless' radio frequency engineers first develop a "Search Area" that identifies the geographic area where the site must be located in order to provide additional network capacity service. The location of the search area is based on radio frequency coverage objectives including, usage patterns, topography and other technical factors. There are no existing towers or structures within the geographic area capable of meeting the proposed facility's requirements. The search area size is very important to maintain adequate separation from Verizon Wireless' existing sites in their network. There is very little flexibility for the location of new facilities in the network because of the very low powered transmitters, which cover a relatively small geographic area, and the limitations of locating within Verizon Wireless' existing dense urban network of sites. The location of the search area is based on radio frequency coverage objectives, usage patterns, the location of adjacent Verizon Wireless facilities, topography and other technical factors. The 'Spanish Sun Cell Tower: Location in Relation to Existing Sites' and the 'Propagation Study Maps' illustrate the geographic area where the proposed site must be located to provide its service. There are no viable existing towers less than 1 mile from the proposed site. A gap in Verizon service would occur if the tower is located outside of the search area. Interference could result in poor network quality, dropped calls, coverage gaps, fast busy signal and inability to initiate calls or access data. The proposed site location has been identified within the prescribed search area. As stated in the enclosed 'Propagation Study Maps', Verizon Wireless needs a new wireless communication facility at this location to improve network capacity and offload demand from their existing network serving the area. Horizon Tower — Spanish Sun Wireless Communications Facility Monopine Certificate of Zoning Compliance Application 3. It shall be the burden of the applicant to demonstrate the proposed tower or antenna cannot be accommodated on an existing or approved tower or structure. One or more of the following documentation shall be provided as proof that the new tower is necessary: Response: See enclosed `Spanish Sun Cell Tower: Location in Relation to Existing Sites' map demonstrating no other existing cell towers within 1 mile are suitable to accommodate the needed equipment to provide coverage. Again, there are no existing towers or structures within the geographic area capable of meeting the proposed facility's requirements. Also see the enclosed "Propagation Study Maps" demonstrating how Verizon coverage will be improved before and after installation of the new monopine. a. Unwillingness of other tower or facility owners to entertain shared use. Response: No viable existing towers in area to accommodate a collocation of equipment. b. The proposed collocation of an existing tower or facility would be in violation of any state or federal law. Response: No viable existing towers in area to accommodate a collocation of equipment. c. The planned equipment would exceed the structural capacity of existing towers, as documented by a qualified and licensed structural engineer. Response: No viable existing towers in area to accommodate a collocation of equipment. d. The planned equipment would cause interference, materially impacting the usability of other existing or planned equipment on the tower as documented by a qualified and licensed engineer. Response: No viable existing towers in area to accommodate a collocation of equipment. e. Existing or approved towers cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified radio frequency engineer. Response: No viable existing towers in area to accommodate a collocation of equipment. 4. N/A. New tower build. 5. Stealth tower facilities shall meet the following standards: 4 Horizon Tower — Spanish Sun Wireless Communications Facility Monopine Certificate of Zoning Compliance Application a. Stealth towers in residential districts with allowed nonresidential uses shall require conditional use permit approval. In all other districts, stealth towers shall be deemed a principally permitted use and shall require a certificate of zoning compliance prior to installation. Response: The property for the proposed stealth monopine WCF is zoned C -G. b. Facilities shall meet the setbacks of the zoning district, except for facilities on a property abutting a residential use or a public right of way shall be set back a distance equal to the height of the tower. Response: There are neighboring single-family properties in the Ada County jurisdiction zoned residential to the east of the proposed facility. The monopine tower will be a total height of 100'. The tower will be setback 150' from the neighboring residential properties. c. Any facilities not meeting these standards shall require approval of a conditional use pennit, in addition to any other necessary permits. Response: The facility proposed exceeds the stealth tower facility standards set forth by the City of Meridian. Therefore, a Certificate of Zoning Compliance administrative review is required. 6 - 10. N/A D. Required Documentation: The applicant shall provide the following documentation with the request for approval of a wireless communication facility: 1. For all wireless communication facilities, a letter of intent committing the tower owner and his, her or its successors to allow the shared use of the tower, as required by this section, if an additional user agrees in writing to meet reasonable terms and conditions for shared use. Response: Letter of Intent attached with this application. 2. Propagation charts showing existing and proposed transmission coverage at the subject site and within an area large enough to provide an understanding of why the facility needs to be in the chosen location. Response: Refer to the 'Propagation Study Maps' attached to application. 3. A statement regarding compliance with regulations administered and enforced by the federal communications commission (FCC) and/or the federal aviation administration (FAA). Response: FCC /FAA compliance letter attached. E. Design Standards: All new communications towers shall meet the following minimum design standards: Horizon Tower — Spanish Sun Wireless Communications Facility Monopine Certificate of Zoning Compliance Application 1. All towers shall be designed to be architecturally compatible with the surrounding buildings and land uses in the zoning district, or otherwise integrated to blend in with existing characteristics of the site. Response: Many design amenities will be included into the design to promote the appearance of the proposed facility and help blend the tower facility to the natural and built environment. Although visible, the monopine is a passive object in a large viewshed. In an effort to limit visual impacts, Horizon Tower has selected a site which is located in the back of the property. The stealth nature on the monopine design is the most appropriate design at this location. The monopine will blend in with the existing vegetation in the area. Additionally, by locating on the back side of the property, potential views of the monopine will be less significant because the monopine occupies a smaller portion of the view. Where visible, the significance of views of the facility will vary inversely with distance from the site. That is, the farther away the viewer, the less significant the monopine, because it occupies a smaller portion of the person's view as that person moves farther from the site. The proposed monopine design utilizes a low profile design to achieve the height requirements of the proposed facility. The monopine has slim silhouette and footprint compared to more massive alternates, such as a lattice towers with their many cross members and large footprint, and guy towers with their many guy wires radiating out from the tower. When viewed from the surrounding areas, the proposed monopine will blend with the surrounding vegetation. 2. The facility shall be painted a neutral, nonreflective color that will blend with the surrounding landscape. Recommended shades are gray, beige, sand, taupe, or light brown. All metal shall be corrosive resistant or treated to prevent corrosion. Response: The proposed monopine structure will be stealth in design and blend in with existing vegetation in the area, greatly reducing visual impact. 3. All new communication tower facilities shall be of stealth or monopole design, unless the decision making body determines that an alternative design would be appropriate because of location or necessity. Response: Stealth monopine proposed. 4. No part of any antenna, disk, array or other such item attached to a communications tower shall be permitted to overhang any part of the right of way or property line. Response: All ground equipment and structures of the WCF will be contained in a 40'X 60' lease area served by an access/utility easement 5. The facility shall not be allowed within any required street landscape buffer. Response: The proposed project is in a parking lot to the rear of an existing office building. Horizon Tower — Spanish Sun Wireless Communications Facility Monopine Certificate of Zoning Compliance Application 6. All new communication tower facility structures require administrative design review approval, in addition to any other necessary pen -nits. Structures contained within an underground vault are exempt fi•om this standard. Response: Design Review Checklist, Architectural Standards Design Review Checklist included. 7. Any equipment at ground level shall be screened by a sight obscuring fence or structure. Response: The proposed compound will be screened by an 8' tall cinder block wall surrounded on the rear and sides with a 5' wide landscape buffer. A gate for access will be located at the front of the compound. 8. All tower facilities shall include a landscape buffer. The buffer shall consist of a landscape strip of at least five feet (5') wide outside the perimeter of the compound. A minimum of fifty percent (50%) of the plant material shall be of an evergreen variety. In locations where the visual impact of the tower is minimal, the applicant may request a reduction to these standards through the alternative compliance process in accord with chapter 5, "Administration", of this title. Response: Since the compound will be surrounded by parking stalls and lane aisles providing for internal vehicular circulation, a 5' buffer around the entire diameter of the compound is not feasible. A landscape buffer cannot fit at the front of the compound as an access gate is required for maintenance access. 5' wide buffers will be included along the rear and 2 sides of the property. 9. All climbing pegs within the bottom twenty feet (20') of the tower shall be removed except when the tower is being serviced. Response: The tower is stealth design to resemble a pine tree and will not have climbing pegs exposed within the bottom 20' of the tower. F. Abandoned Or Unused Towers Or Portions Of Towers: All abandoned or unused towers and associated facilities shall be required to be removed within sixty (60) days of cessation of use as a wireless communication facility, unless a time extension is granted by the City Council. A copy of the relevant portions of a signed lease, which requires the applicant to remove the tower and associated facilities upon cessation of the use as a wireless communication facility, shall be submitted at the time of application and resubmitted upon renewal or termination. In the event that the tower and associated facilities are not removed within the sixty (60) days, the tower and associated facilities may be removed by the City and the costs of removal assessed against the real property. Response: Upon expiration or termination hereof, Lessee shall restore the Premises to the condition in which it existed upon execution hereof, reasonable wear and tear and loss by casualty or other causes beyond Lessee's control excepted. 7 Horizon Tower — Spanish Sun Wireless Communications Facility Monopine Certificate of Zoning Compliance Application Conclusion Considering the foregoing analysis and findings, the applicant requests approval of this proposed Conditional Use Permit application. The application meets all applicable criteria for approval. ADA COUNTY RECORDER Christopher D. Rich 2017.003267 BOISE IDAHO Pgs=13 VICTORIA BAILEY 01/11/2017 04:03 PM SCS BRIGHTON LLC AMOUNT:$46.00 When recorded, please return to: 111111111111111111111111111 11111111 00319147201700032670130132 SCS Investments LLC 855 W. Broad Street, Ste 300 Boise, ID 83702 CORRECTION GENERAL WARRANTY DEED TM Crossing Land — SCSI THIS CORRECTION GENERAL WARRANTY DEED is given to correct, replace, and supersede, in its entirety, that certain General Warranty Deed made by Grantor therein to Grantee therein, dated June 30, 2016, and recorded July 21, 2016, as Ada County Recorder's Instrument No, 2016-065484; and was re-recorded on December 16, 2016 as Instrument No. 2016-121995. This Correction General Warranty Deed is being recorded to incorporate and evidence the consent of SBG Ten Mile Office No. 1 LLC, the subsequent owner of all or a portion of the Premises, attached hereto as Exhibit B. The effective date of this Correction Warranty Deed is as of the date of delivery of the deed it replaces which is July 21, 2016. FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby acknowledged, TEN MILE CROSSING 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 SCS INVESTMENTS LLC, an Idaho limited liability company ("Grantee"), whose address is as stated above, all of Grantor's right, title and interest in and to that certain real property located in Ada County, Idaho, legally described on Exhibit A, attached hereto and incorporated herein ("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 claims arising by, through or under Grantor. IN WITNESS WHEREOF, Grantor has caused its name to be hereunto subscribed this day of January, 2017. GRANTOR: TEN MILE CROSSING INC., an Idaho corporation 1 / By: event. Smith. Vice Presl ent STATE OF IDAHO ) ss. County of Ada ) On this day of January, 2017, before me the undersigned notary public, personally appeared Steven C. Smith, known or identified to me to be the Vice President of Ten Mile Crossing Inc., and acknowledged to me that he executed the sme in said corporation's name. AMANDA MCCURRY NOTARY PUBLIC No(�ry Public for daho 15 2D 1-7 STATE OF IDAHO My Commission expires .�, CORRECTION GENERAL WARRANTY DEED - 1 Exhibit A PREMISES DESCRIPTION LEGAL DESCRIPTION FOR BRIGHTON INVESTMENT LLC PARCEL E A parcel of land located in the Southwest 1/4 of Section 14, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARINGS: The North line of the Southwest 1/4 of Section 14, Township 3 North, Range I West, Boise Meridian, derived from found monuments and taken as South 89° 11'34" East with the distance between monuments found to be 2,656.39. Beginning at a point on the North line of said Southwest '/+ of Section 14, Township 3 North, Range I West, Boise Meridian from which the West'/, corner of said Section 14 bears North 89°11'34" West a distance of 36.00 Feet thence along said North Line, South 89011'34" East to the Center''/, corner of said Section 14 a distance of 2,620.39 feet; thence leaving said North Line and along the East line of said Southwest '/a ,South 00°3528" West to a point on the Northerly Right -of -Way on Interstate 84 a distance of 1,344.66 feet; thence along said Right -of -Way, North 89°34'03" West a distance of 501.27 feet; thence continuing along said Right -of -Way, North 81 °01'33" West a distance of 28.65 feet; thence leaving said Right -of -Way, North 00°4645" West a distance of 15.10 feet; thence North 59°40'21" West a distance of 883.45 feet; thence North 55°1321" West a distance of 837.82 feet; thence North 40°44'57' West a distance of 183.51 feet; thence North 39°38'38" West a distance of 352.80 feet; thence North 88°33'15" West to a point on the Easterly Right -of -Way of Ten Mile Road, a distance of 281.14 feet; thence along said Right -of -Way, North 00°30'10" East a distance of 16.40 feet to the POINT OF BEGINNING. Said Parcel containing 2,106,164 square feet or 48.35 acres, more or less and is subject to all existing easements and rights -of -ways of record or implied. END OF DESCRIPTION Kenneth H. Cook, P.L.S. 9895 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208)465-5687 ALSO INCLUDING: EXHIBIT A TO CORRECTION GENERAL WARRANTY DEED LEGAL DESCRIPTION FOR BRIGHTON INVESTMENT LLC PARCEL F A parcel of land located in the Southwest 1/4 of Section 14, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARINGS: The North line of the Southwest 1/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, derived from found monuments and taken as South 89011'34" East with the distance between monuments found to be 2,656.39. Beginning at a point on the East Right -of -Way of Ten mile Road from which the West 1/4 corner of Section 14 Township 3 North, Range I West, Boise Meridian bears, North 64°45'28" West a distance of 39.64 feet thence leaving said Right of Way South 88°33'15" East a distance of 281.14 feet; thence South 39038'38" East a distance of 352.80 feet; thence South 40°44'57" East a distance of 183.51 feet; thence South 55°13'21" East a distance of 837.82 feet; thence South 59°40'21" East a distance of 883.45 feet; thence South 00°46'45" East, to a point on the Northerly Right -of -Way of Interstate 84, a distance of 15.10 feet; thence along said Right -of -Way the following eight (8) courses: North 81 °01'33" West a distance of 54.47 feet; North 85°34'01" West a distance of 670.00 feet; North 04°25'59" East a distance of 25.00 feet; North 85°34'01" West a distance of 110.00 feet; South 04°25'59" West a distance of 15.00 feet; North 81 °28'53" West a distance of 421.07 feet; North 82°3022" West a distance of 580.78 feet; North 73°55'01" West a distance of 41.34 feet, thence leaving said Right -of -Way ,North 00130' 19" East a distance of 973.92 feet; thence North 88°33'16" West, to a point on the Easterly Right -of -Way of Ten Mile Road, a distance of 224.03 feet; thence along said Right -of -Way, North 00°30'10" East a distance of 150.00 feet, to the POINT OF BEGINNING. Said Parcel containing 985,615 square feet or 22.63 acres, more or less and is subject to all existing easements and rights -of -ways of record or implied. END OF DESCRIPTION Kenneth H. Cook, P.L.S. 9895 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 465-5687 ALSO INCLUDING: EXHIBIT A TO CORRECTION GENERAL WARRANTY DEED LEGAL DESCRIPTION FOR BRIGHTON INVESTMENT LLC PARCEL G A parcel of land located in the Southwest 1/4 of Section 14, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARINGS: The North line of the Southwest 1/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, derived from found monuments and taken as South 89° 11'34" East with the distance between monuments found to be 2,656.39. Beginning at a point on the East Right -of -Way of Ten mile Road from which the West 1/4 corner of Section 14, Township 3 North, Range 1 West, Boise Meridian bears, North 1104 1'27" West a distance of 170.44 feet; Thence leaving said Right -of -Way, South 88°33'15" East a distance of 224.03 feet; thence South 00°30119" West, to a point on the Northerly right -of -Way of the Ten Mile Road Interstate 84 interchange, a distance of 973.91 feet; thence along said Right -of -Way the Following six (6) courses: North 73°55'01" West a distance of 62.65 feet; North 46°5834" West a distance of 166.76 feet; North 12°05'45" West a distance of 92.20 feet; North 01*31140" West a distance of 468.03 feet; North 89042150" West a distance of 4.00 feet; North 00°30'10" East a distance of 290.36 feet to the POINT OF BEGINNING. Said Parcel containing 195,260 square feet or 4.48 acres, more or less and is subject to all existing easements and rights -of -ways of record or implied. END OF DESCRIPTION Kenneth H. Cook, P.L.S. 9895 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 465-5687 EXHIBIT A TO CORRECTION GENERAL WARRANTY DEED LESS AND EXCEPT THE FOLLOWING: REVISED RIGHT OF WAY AREA No.1 DESCRIPTION FOR TM CROSSING SUBDIVISION The following describes a Parcel of Land being a Portion of the SW 1/4 of Section 14, Township 3 North., Range 1 West., BM., City of Meridian, Ada County, Idaho and being more particularly described as follows: COMMENCING at the West 1/4 Comer of Section 14, Township 3 North., Range 1 West., BM., being Monumented with an Aluminum Cap, From which, the Southwest Comer of said Section 14 bears, South 00°30'10" West, 2659.45 feet which is being monumented with a Found Aluminum Cap; Thence along the Northerly Boundary Line of the SW 1/4 of said Section 14, South 89'11'34" East, 805.78 feet to the POINT OF BEGINNING: Thence continuing along the Northerly Boundary Line of the SW 1/4 of said Section 14, South 89'11'34` East, 123.78 feet to a point; Thence leaving said Northerly Boundary Line Southwesterly 62.90 feet along the are of a non - tangent curve to the right having a radius of 420.91 feet, a Central angle of 08°33'43" and a long chord which bears, South 28'05'00' East, 62.84 feet to a point of compound curvature; Thence Southeasterly 357.67 feet along the arc of a non4angent curve to the right having a radius of 829.00 feet, a Central angle of 24'43'12" and a long chord which bears, South 11'31'04" East, 354.90 feet to a point of tangency; Thence, South 00°50'32` West, 133.22 feet to a point of curvature; Thence Southeasterly 394.39 feet along the are of a curve to the left having a radius of 251.00 feet, a Central angle of 90'01'36' and a long chord which bears, South 44'10'16" East, 355.05 feel to a point of tangency; Thence, South 89"11'04" East, 120.84 feet to a point; Thence, South 00°48'27" West, 98.00 feet to a point: Thence, North 89'11'04" West, 120.81 feet to a point of Curvature; Thence Northwesterly 246.38 feet along the arc of a curve to the right having a radius of 349.00 feet, a Central angle of 40'26'54" and a long chord which bears, North 68'58'02" West, 241.29 feet to a point of Reverse Curvature; Thence Southwesterly 177.60 feet along the are of a non -tangent curve to the right having a radius of 231.00 feet, a Central angle of 44'03'05" and a long chord which bears. South 68'4723" West, 173.26 feet to a point of tangency; Thence, North 89'10'58" West, 6.65 feet to a point; Thence, North 89011'04" West, 83.35 feet to a point; Thence, North OD'4956" East, 62.00 feet to a point; EXHIBIT A TO CORRECTION GENERAL WARRANTY DEED Thence, South 89611'04" East, 90.01 feet to a point; Thence Northeasterly 129.49 feet along the are of a non -tangent curve to the left having a radius of 168.99 feet, a Central angle of 43054'12" and a long chord which bears, North 68°51'54" East, 126.35 feet to a point of Reverse Curvature; Thence Northwesterly 239.95 feet along the arc of a non -tangent curve to the right having a radius of 349.00 feet, a Central angle of 39023'35" and a long chord which bears, North 18°51'16" West, 235.25 feet to a pant; Thence, North 00°50'32" East, 133.22 feet to a point of Curvature; Thence Northwesterly 315.39 feet along the aro of a curve to the left having a radius of 731.00 feet, a Central angle of 24°43'12" and a long chord which bears, North 11 °31'04" West, 312.94 feet to a point of compound curvature; Thence Northwesterly 116.39 feet along the arc of a compound curve to the left having a radius of 383.32 feet, a Central angle of 17023'50" and a long chord which bears, North 33020'50" West, 116.94 feet to the POINT OF BEGINNING: Said Parcel of Land contains 2.93 Acres (127,834 Sq. Ft.) more or less. Lawrence H. Koerner, PLS 8251 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 465-5687 EXHIBIT A TO CORRECTION GENERAL WARRANTY DEED EXHIBIT A TO CORRECTION GENERAL WARRANTY DEED d F� 0 {7 r u �a e �4;1;MtF0 8251 o O. wtifaav aa'd aP x88'11 a AM b � 120D1 TM CROSSINGS REVISED RIGHT OF WAY AREA No. 1 -ii/mole Scale: I inch= 115 feet File: Tract 1: 222 Aaes 1127631 Sq. PeeQ. Clwtm d&13S7w 0.01 k (1123028,9). P&*ncW=3012 R. 01 s80.1134e 123.76 14 d9.1104e 00.01 02 At, rw420S1,della--008,3313,d►oo-MO600e82.04 16 L14r•t",deho-043,5412,ctmdz aS164e12835 03 R4 ruMA0, deka-024.4312, ftomsI 01046 354.00 to 18. rr349AD, doWoCX,23*. ehord-n18.6/ t6w23SZ 04 SMA032v 13322 17 rMM32a 133.22 05 L4w25Mdeb-M.0138, chordus44.10169 355A5 18 L4 r=731A0, dds*024412, dwrdsn113104w312A6 06 *89.1104e 120,84 10 Lt, r-38332, deb-017.2360, chad•032050W 115.01 07 00A827w 98 08 n80.1 104w 120.61 00111, r-140,00. de1m*0402664, chwdan88.6802w 241.20 10 RLr-231A0.dofte-M.0006,dordsa ,4723n17328 11 ra.1068w6A6 12 rM.1104w 63.35 13 r0MAS68e 62 EXHIBIT A TO CORRECTION GENERAL WARRANTY DEED RIGHT OF WAY AREA No.2 DESCRIPTION FOR TM CROSSING SUBDIVISION The following describes a Parcel of Land being a Portion of the SW 114 of Section 14, Township 3 North., Range 1 West., BM., City of Meridian, Ada County, Who and being more particularly described as follows: COMMENCING at the West 1/4 Comer of Section 14, Township 3 North., Range 1 West., BM., bektg Monumented with an Aluminum Cap; From which, the Southwest Comer of said Section 14 bears, South 00`3010" West, 2659.45 feet which is being monumented with a Found Aluminum Cap; Thence along the Northerly Boundary Line of the SW 114 of said Section 14, Sotdh 89011'34" East, 38.00 feet to a found 518' Iron pin "PLS 8961' being on the Easterly Right of Way Line of South Ten Mile Road as shown on Record of Sunray Number 8643 for the Idaho Transportation Department, Records of Ada County, Idaho; Thence along the Easterly Right of Way Line of South Ten Mite Road as shown on said Record of Swvey, South 00'3010' West, 456.76 feet found 618' iron pin with Plastic Cap "Koerner PLS 8251'; Thence continuing, South 89"42'50' East, 4.00 feet to a found 5/8" Iron pin with Plastic Cap "Koerner PLS 8251'; Thence continuing, South 01 031W East, 396.89 feet to the POINT OF BEGINNING: Thence leaving the Easterly Right of Way line of South Ten Mile Road. South 89"27'25' East, 45.98 feet to a polyd; Thence Northeasterly 84.20 feet along the arc of a curve to the lett having a radius of 169.00 feet, a Central angle of 28°3241° and a long chord which bears, North 76.16'15' East, 83.33 feet to a point of reverse curvature, Thence Northeasterly 116.18 feet along the arc of a curve to the right having a radius of 231.00 feet, a Central angle of 28049'01" and a long chord which bears, North 76024'25" East, 114.96 feet to a point; Thence, South 89°11'04" East, 512.99 feet to a pont; Thence, South 00'48'56' West, 62.00 feet to a point; Thenoe, North 89°11'04" West, 512.99 feet to a point; Thence Southwesterly 85.00 feet along the curve to the left having a radius of 169.00 feel, a Central angle of 28°49'01" and a long chord which bears, South 76"24'25' West, 84.11 feet to a point of reverse curvature; Thence Sotdttwestedy 115.08 feet along the arc of a curve to the right having a radius of 231.00 feet, a Central angle of 28"3241' and a long chord which bears, South 76°16'16' West, 113.90 feet to a point of tangency; Thence North 89°27'25' West, 43.71 feet to a point on the Easterly Right of Way line of South Ten Mile Road; Thence along said Easterly Right of Way Line, North 01'33'23" West, 62.04 feet to the POINT OF BEGINNING: Sold Parcel of Land contains 1.08 Acres (47,000 Sq. Ft.) more or leas. Lawrence H. Koerner, PLS 8251 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 4655887 16t)Ot3 TM Easement Area No. 2 Descript mdoc Page 1 EXHIBIT A TO CORRECTION GENERAL WARRANTY DEED 613W16 EXHIBIT A TO CORRECTION GENERAL WARRANTY DEED RIGHT OF WAY AREA No. 3 DESCRIPTION FOR TM CROSSING SUBDMSION The following describes a Parcel of Land being a Portion of the SW 114 of Section 14, Township 3 North., Range 1 West., SM., City of Meridian, Ada County, Idaho and being more particularly desoribed as follows: COMMENCING at the West 114 Comer of Section 14, Township 3 North., Range 1 West., BM., being Monumented with an Aluminum Cap; From which, the Southwest Comer of said Section 14 bears, South 0D°30'10' West. 2859.45 feet which Is being monumented with a Found Aluminum Cap; Thence along the Northerly Boundary Line of the SW 114 of sold Section 14, South 89°11'34' East, 2532.89 teat to the POINT OF BEGINNING: Thence oonllnuing along the Northerly Boundary Line of the SW 114 of said Section 14, South 89'11'34" East. 75.00 feet to a point; Thence leaving sold Northerly Boundary Line, South 00°19'89" West, 633.27 feet to a point; Thence Southwesterly 375.12 feet slang the arc of a curve to the right having a radius of 237.50 feet, a Central angle of 90°29413" and a long chord which bears, South 45'34"82" West, 337.33 feet to a point; Thence. North 890 11'04' West, 681.24 feet to a point; Thence, South 88005'21" West, 241.77 feet to a pointe Thence, North 89011'04" West, 45.63 feet to a point: Thence, Norm 00.4826' East, 86.50 feet to a point; Thence, South 89.11'04' East, 968.40 feet to a point: Thence Northeasterly 256.64 feet along the aro of a curve to the left having a radius of 162.50 feat, a Central angle of 90°29'20' and a tong chord which bears, North 4503349' East, 23!3.79 feet to a point; Thence, North 00°19108" East, 633.91 Not to the POINT OF BEGINNING: Said Parcel of Land contains 3.34 Acres (145,760 8% Ft.) more or Was. Lawrence H. Koerner, PLS 8251 Timberline Surveying 847 Paris Centre Way, Suite 3 Nampa, Idaho 83651 (208) 465-5687 1WW TM ROW No.3 Desgfption.doc Page 1 6W16 EXHIBIT A TO CORRECTION GENERAL WARRANTY DEED s69./134e 75 09 e".11040 986,4 s00.19000 833.27 00 U,1-182.50. ddto=000.2920. drord,MS.3996 230.70 R4 ra237.50, deMa+OB0.2918, chwd=s4S.3402w 337.33 i0so0.100Do G3A1 e60.1104w8S1.24 i6&0621w 241.77 EXHIBIT A TO CORRECTION GENERAL WARRANTY DEED EXHIBIT B CONSENT AND ACKNOWLEDGEMENT As a subsequent owner of a portion of the affected property described in Exhibit A, SBG Ten Mile Office No. 1 LLC, an Idaho limited liability company, does hereby evidence its prior consent to and acknowledgement of its approval of the modification to General Warranty Deed previously recorded on July 21, 2016, as Instrument No. 2016-065484, in the Official Records of Ada County, subsequently rerecorded on December 16, 2016, as Instrument No. 2016-121995, in the Official Records of Ada County. GRANTOR: SBG TEN MILE OFFICE NO. 1, LLC an Idaho limited liability company By: Name: Title: Manager STATE OF IDAHO ) ss. County of Ada ) in Name: Title: Manager On this ' � day of -/C,,) c( 2017, before me, the undersigned Notary Public in and for said State, personally appeared -/. % o,-,,) 2 s �?/i C e LL c 3 f I known or identified to me to be the Manager of SBG Ten Mile Office No. 1, LE -C, and the Manager who subscribed said company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said SBG Ten Mile Office No. 1, LLC, and that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first a'.�queivini%n. CE TAI//,% OiAR f Notary Publ'c for State of Idaho ,I \1w�� = Commission Expires: L7• ZoZ.o pU B LAG STA%AHo•• P�0 County of ) On this day of 2017, before me, the undersigned Notary Public in and for said State, personally appeared I known or identified to me to be the Manager of SBG Ten Mile Office No. 1, LLC, and the Manager who subscribed said company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said SBG Ten Mile Office No. 1, LLC, and that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for State of Idaho Commission Expires: EXHIBIT B TO CORRECTION GENERAL WARRANTY DEED EXHIBIT B CONSENT AND ACKNOWLEDGEMENT As a subsequent owner of a portion of the affected property described in Exhibit A, SBG Ten Mile Office No. 1 LLC, an Idaho limited liability company, does hereby evidence its prior consent to and acknowledgement of its approval of the modification to General Warranty Deed previously recorded on July 21, 2016, as Instrument No. 2016-065484, in the Official Records of Ada County, subsequently rerecorded on December 16, 2016, as Instrument No. 2016-121995, in the Official Records of Ada County. GRANTOR: SBG TEN MILE OFFICE NO. 1, LLC an Idaho limited liability company By: Name: Title: Manager STATE OF IDAHO ) ss. County of Ada ) By: Name: gla T - 410'�/� Title: Manager On this day of 2017, before me, the undersigned Notary Public in and for said State, personally appeared I known or identified to me to be the Manager of SBG Ten Mile Office No. 1, LLC, and the Manager who subscribed said company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said SBG Ten Mile Office No. 1, LLC, and that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SLAI STATE OF IDAHO ) : ss. Notary Public for State of Idaho Commission Expires: County of Ada 1 ) On this l ��day of i t/1 , VL 2017, before me, the undersigned Notary Public in and for said State, personally appeared td t- - tkt. W I known or identified to me to be the Manager of SBG Ten Mile Office No. 1, LLC, and the Manager who subscribed said company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said SBG Ten Mile Office No. 1, LLC, and that such company executed the same. IN WITNESS WHEREOF, I have he 'u&to t my ha d and a 'L,dmy official seal the day and year first above written. AMANDA McCURRY Notary P blic for State of Idaho L4115/ 2017 N"Y PUBLIC Commission Expires: STATE OF IDAHO . _.� EXHIBIT B TO CORRECTION GENERAL WARRANTY DEED ADA COUNTY RECORDER Christopher D. Rich BOISE IDAHO Pgs=13 VICTORIA BAILEY 2017�003zs8 SCS BRIGHTON LLC 01/11/2017 04:04 PM When recorded, please return to: AMOUNT:S46.00 IIIIIIII I�IIIIIIIIIIIIIIIII IIIII�IIIIIIII I II'I III 00319148201700032680130139 Brighton Investments LLC _ 12601 W Explorer Drive, Suite 200 Boise, ID 83713 CORRECTION GENERAL WARRANTY DEED TM Crossing Land — BI THIS CORRECTION GENERAL WARRANTY DEED is given to correct, replace, and supersede, in its entirety, that certain General Warranty Deed made by Grantor therein to Grantee therein, dated June 30, 2016, and recorded July 21, 2016, as Ada County Recorder's Instrument No. 2016-065483; and was re-recorded on December 16, 2016 as Instrument No. 2016-121971. This Correction General Warranty Deed is being recorded to incorporate and evidence the consent of SBG Ten Mile Office No. 1 LLC, the subsequent owner of all or a portion of the Premises, attached hereto as Exhibit B. The effective date of this Correction Warranty Deed is as of the date of delivery of the deed it replaces which is July 21, 2016. FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby acknowledged, TEN MILE CROSSING 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 as stated above, all of Grantor's right, title and interest in and to that certain real property located in Ada County, Idaho, legally described on Exhibit A, attached hereto and incorporated herein ("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 claims arising by, through or under Grantor. � I IN WITNESS WHEREOF, Grantor has caused its name to be hereunto subscribed this day of January, 2017. GRANTOR: TEN MILE CROSSING INC., an Idaho corporation By: ' t ven C. Smith, Vice President STATE OF IDAHO 1 ss. County of Ada ) On this ' ' l'� day of January, 2017, before me the undersigned notary public, personally appeared Steven C. Smith, known or identified to me to be the Vice President of Ten Mile Crossing Inc., and acknowledged to me that he executed the same i said corporation's name. /-AMANDA McCURRYMAL NOTARY PUBLIC No ar Public for Idaho My Commission expires STATE OF IDAHO CORRECTION GENERAL WARRANTY DEED - 1 Exhibit A PREMISES DESCRIPTION LEGAL DESCRIPTION FOR BRIGHTON INVESTMENT LLC PARCEL E A parcel of land located in the Southwest 1/4 of Section 14, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARINGS: The North line of the Southwest 1/4 of Section 14, Township 3 North, Range I West, Boise Meridian, derived from found monuments and taken as South 89° 11'34" East with the distance between monuments found to be 2,656.39. Beginning at a point on the North line of said Southwest '/, of Section 14, Township 3 North, Range 1 West, Boise Meridian from which the West''/, comer of said Section 14 bears North 89°11'34" West a distance of 36.00 Feet thence along said North Line, South 89°11'34" East to the Center % comer of said Section 14 a distance of 2,620.39 feet; thence leaving said North Line and along the East line of said Southwest %@ ,South 00°35'28" West to a point on the Northerly Right -of -Way on Interstate 84 a distance of 1,344.66 feet; thence along said Right -of -Way, North 89034103" West a distance of 501.27 feet; thence continuing along said Right -of -Way, North 81°01'33" West a distance of 28.65 feet; thence leaving said Right -of -Way, North 00046'45" West a distance of I S.10 feet; thence North 59°40'21" West a distance of 883.45 feet; thence North 55° 13'21" West a distance of 837.82 feet; thence North 40144'57" West a distance of 183.51 feet; thence North 39°3838" West a distance of 352.80 feet; thence North 88°334 S" West to a point on the Easterly Right -of -Way of Ten Mile Road, a distance of 281.14 feet; thence along said Right -of -Way, North 00°30'10" East a distance of 16.40 feet to the POINT OF BEGINNING. Said Parcel containing 2,106,164 square feet or 48.35 acres, more or less and is subject to all existing easements and rights -of -ways of record or implied. END OF DESCRIPTION Kenneth H. Cook, P.L.S. 9895 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208)465-5687 ALSO INCLUDING: EXHIBIT A TO CORRECTION GENERAL WARRANTY GEED LEGAL DESCRIPTION FOR BRIGHTON INVESTMENT LLC PARCEL F A parcel of land located in the Southwest 1/4 of Section 14, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARINGS: The North line of the Southwest 1/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, derived from found monuments and taken as South 89011'34" East with the distance between monuments found to be 2,656.39. Beginning at a point on the East Right -of -Way of Ten mile Road from which the West 1/4 corner of Section 14 Township 3 North, Range I West, Boise Meridian bears, North 64°45'28" West a distance of 39.64 feet thence leaving said Right of Way South 88033'15" East a distance of 281.14 feet; thence South 39038'38" East a distance of 352.80 feet; thence South 40°44'57" East a distance of 183.51 feet; thence South 55°13`21" East a distance of 837.82 feet; thence South 59°40'21" East a distance of 883.45 feet; thence South 00046'45" East, to a point on the Northerly Right -of -Way of Interstate 84, a distance of 15.10 feet; thence along said Right -of -Way the following eight (8) courses: North 81°01'33" West a distance of 54.47 feet; North 85°34'01" West a distance of 670.00 feet; North 04°25'59" East a distance of 25.00 feet; North 85°34'01" West a distance of 110.00 feet; South 04°25'59" West a distance of 15.00 feet; North 81028153 " West a distance of 421.07 feet; North 82°36'22" West a distance of 580.78 feet; North 73°55'01" West a distance of 41.34 feet; thence leaving said Right -of -Way ,North 00°30' 19" East a distance of 973.92 feet; thence North 88°33'16" West, to a point on the Easterly Right -of -Way of Ten Mile Road, a distance of 224.03 feet; thence along said Right -of -Way, North 00130'10" East a distance of 150.00 feet, to the POINT OF BEGINNING. Said Parcel containing 985,615 square feet or 22.63 acres, more or less and is subject to all existing easements and rights -of -ways of record or implied. END OF DESCRIPTION Kenneth H. Cook, P.L.S. 9895 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 465-5687 ALSO INCLUDING: EXHIBIT A TO CORRECTION GENERAL WARRANTY DEED LEGAL DESCRIPTION FOR BRIGHTON INVESTMENT LLC PARCEL G A parcel of land located in the Southwest 1/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARINGS: The North line of the Southwest 1/4 of Section 14, Township 3 North, Range I West, Boise Meridian, derived from found monuments and taken as South 89°11'34" East with the distance between monuments found to be 2,656.39. Beginning at a point on the East Right -of -Way of Ten mile Road from which the West 1/4 corner of Section 14, Township 3 Noah, Range I West, Boise Meridian bears, North 11 °41'27" West a distance of 170.44 feet; Thence leaving said Right -of -Way, South 88033'15" East a distance of 224.03 feet; thence South 00°30'19" West, to a point on the Northerly right -of -Way of the Ten Mile Road Interstate 84 interchange, a distance of 973.91 feet; thence along said Right -of -Way the Following six (6) courses: North 73°55'01" West a distance of 62.65 feet; North 4605834" West a distance of 166.76 feet; North 12005'45" West a distance of 92.20 feet; North 0113 1'40" West a distance of 468.03 feet; North 89°42'50" West a distance of 4.00 feet; North 00°30'10" East a distance of 290.36 feet to the POINT OF BEGINNING. Said Parcel containing 195,260 square feet or 4.48 acres, more or less and is subject to all existing easements and rights -of -ways of record or implied. END OF DESCRIPTION Kenneth H. Cook, P.L.S. 9895 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 465-5687 EXHIBIT A TO CORRECTION GENERAL WARRANTY DEED LESS AND EXCEPT THE FOLLOWING: REVISED RIGHT OF WAY AREA No.1 DESCRIPTION FOR TM CROSSING SUBDIVISION The following describes a Parcel of Land being a Portion of the SW 1/4 of Section 14, Township 3 North., Range 1 West., BM., City of Meridian, Ada County, Idaho and being more particularly described as follows: COMMENCING at the West 1/4 Corner of Section 14, Township 3 North., Range 1 West., BM., being Monumented with an Aluminum Cap, From which, the Southwest Comer of said Section 14 bears, South 00030'10" West, 2659.45 feet which is being monumented with a Found Aluminum Cap, Thence along the Northerly Boundary Line of the SW 114 of said Section 14, South 89°11'34" East, 805.78 feet to the POINT OF BEGINNING: Thence continuing along the Northerly Boundary Line of the SW 1/4 of said Section 14, South 89'1114" East, 123.78 feet to a point; Thence leaving said Northerly Boundary Line Southwesterly 62.90 feet along the arc of a non - tangent curve to the right having a radius of 420.91 feet, a Central angle of 08"3343" and a long chord which bears, South 28005'00° East, 62.84 feet to a point of compound curvature; Thence Southeasterly 357.67 feet along the arc of a non4angent curve to the right having a radius of 829.00 feet, a Central angle of 24°43712" and a long chord which bears, South 11°31'04" East, 354.90 feet to a point of tangency; Thence, South 00°5732' West, 133.22 feet to a point of curvature; Thence Southeasterly 394.39 feet along the arc of a curve to the left having a radius of 251.00 feet, a Central angle of 90°01'36" and a long chord which bears, South 44010'16" East, 355.05 feet to a point of tangency; Thence, South 89"11'04" East, 120.84 feet to a point; Thence, South 00°4827" West, 98.00 feet to a point: Thence, North 89°1104" West, 120.81 feet to a point of Curvature; Thence Northwesterly 246.38 feet along the arc of a curve to the right having a radius of 349.00 feet, a Central angle of 40"2654' and a long chord which bears, North 68068'02" West, 241.29 feet to a point of Reverse Curvature; Thence Southwesterly 177.60 feet along the are of a non4angent curve to the right having a radius of 231.00 feet, a Central angle of 44°03'05" and a long chord which bears. South 68"47'23" West, 173.26 feet to a point of tangency; Thence, North 89"10'58" West, 6.65 feet to a point; Thence, North 89"11'04" West, 83.35 feet to a point: Thence, North 0004956" East, 62.00 feet to a point; EXHIBIT A TO CORRECTION GENERAL WARRANTY DEED Thence, South 89"11'04" East, 90.01 feet to a point; Thence Northeasterly 129.49 feet along the are of a non -tangent curve to the left having a radius of 168.99 feet, a Central angle of 43°54'12" and a long chord which bears, North 88°51'54" East, 128.35 feet to a point of Reverse Curvature; Thence Northwesterly 239.95 feet along the arc of a non -tangent curve to the right having a radius of 349.00 feet, a Central angle of 3902335" and a long chord which bears, North 18°51'16" West, 235.25 feet to a point; Thence, North 00°50'32° East, 133.22 feet to a point of Curvature; Thence Northwesterly 315.39 feet along the arc of a curve to the left having a radius of 731.00 feet, a Central angle of 24°43'12" and a long chord which bears, North 11°31'04" West, 312.94 feet to a point of compound curvature; Thence Northwesterly 118.39 feet along the arc of a compound curve to the left having a radius of 383.32 feet, a Central angle of 17023'50" and a long chord which bears, North 33°20'50" West, 115.94 feet to the POINT OF BEGINNING: Said Parcel of Land contains 2.93 Acres (127,834 Sq. Ft.) more or less. Lawrence H. Koerner, PLS 8251 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 485-5687 EXHIBIT A TO CORRECTION GENERAL WARRANTY DEED EXHIBIT A TO CORRECTION GENERAL WARRANTY DEED �a 0 o ° rr �► � 4 c� �e�i+ ir✓8//6 8 251 d .ti4.11V4*9 n° ,$Mosu' A` F 110.9/ t TM CROSSINGS REVISED RIGHT OF WAY AREA No. 1 11/81'2016 Scale: 1 Inch= 115 feet File: Tired 1: 2A348 Avec (12781184 fee", dostrx 983.1357w 0Ai 0. (N230283), P&dMOw=3012 0. 01980.1/340123.78 to 988.1101040.01 02 Rt,r-420A1,OWW- 8.3343, dwr&&U050096284 1611 to I",d°N°•0/3.6412,cWdztMS1S49120.55 03 Rt, t=820 . d9u i -M.4312, dwrd■a11.31049354.00 16 R4 1049M. daft -039,23M. chord -MI 5115w235Z 04 900MM 133.22 17 n0n000.60329133.22 05 U, 1251.Q0.dA*-O9OA13s, d*rdas14.10169355AS 18 4 r+731A0, ddm*074A312.dwtd=n11.3104w312Ab 0609.11049 120.84 10 Lt,1383.32, ddw*0172350, dwM-n13205M 116.01 07 900A827w 08 08080.1104W 120.0) 00 FU, r-344.00.daM-0402854.dwtd-n08.6802w 241.20 10 R1.1231.00, d0avOMA306, dwrd•988.4Mw 17320 11 n99 U6 12 n80.1104w 81.35 13 MUM* 62 EXHIBIT A TO CORRECTION GENERAL WARRANTY DEED RIGHT OF WAY AREA No.2 DESCRIPTION FOR TM CROSSING SUBDIVISION The following describes a Parcel of Land being a Portion of the SW 114 of Section 14. Township 3 North., Range 1 West., SM., City of Meridian, Ada County, Idaho and being more particularly described as follows: COMMENCING at the West 114 Comer of Section 14, Township 3 North., Range 1 West., SM., being Monumented with an Aluminum Cap, From which, the Southwest Comer of said Section 14 bears, South 00°30'10° West, 2659.45 feet which Is being monumented with a Found Aluminum Cap; Thence along the Northerly Boundary Line of the SW 114 of said Section 14, South 89°11'34" East, 38.00 feel to a found 518' Iron pin "PLS 8961" being on the Easterly Right of Way Line of South Ten (dile Road as shown on Record of Survey Number 8843 for the Idaho Transportation Department, Records of Ada County, Idaho; Thence along the Easterly Right of Way Line of South Ten Mule Road as shaven on said Record of Survey, South 00.30'10' Wed, 456.76 feet found 518' iron pin with Plastic Cap'Koemer PLS 8251'; Thence continuing, South 89°4250" East, 4.00 feet to a found 518" Iron pin with Plastic Cap "Koerner PLS 8251% Thence continuing, South 01°31'23" East, 398.89 feet to the POINT OF BEGINNING: Thence leaving the Easterly Right of Way line of South Ten Mile Road, South 8992725' East. 45.98 feet to a point; Thence Northeasterly 84.20 feet along the arc of a curve to the left having a radius of 169.00 feet, a Central angle of 2803241" and a long chord which bears, North 76'16`15" East. 83.33 feet to a point of reverse curvature, Thence Northeasterly 118.18 feet along the arc of a curve to the right having a radius of 231.00 feel a Central angle of 2804901" and a long chord which bears, North 76°24'25' East,114.96 feet to a point; Thence. South 89'1 VW East, 512.99 feet to a point; Thence, South 00.48'58' West, 62.00 feet to a point; Thence, North 89011'04" West, 512.99 feet to a point; Thence Southwesterly 85.00 feet along the save to the left having a radius of 189.00 feet, a Central angle of 28°49'01" and a long chord which bears, South 76"2425" West, 84.11 feat to a point of reverse curvature; Thence Southwesterly 115.08 feet along the arc of a curve to the tight having a radius of 231.00 feet, a Central angle of 28°3241' and a long chord which bears, South 76°18'16' West, 113.90 feet to a point of tangonoy; Thence North M72W West, 43.71 feet to a point on the Easterly Right of Way Une of South Ten Mite Road; Thence along said Easterly Right of Way Une, North 01"33'23" West, 62.04 feet to the POINT OF BEGINNING: Sold Parcel of Lend contains 1.08 Acres (47000 Sq. FL) more or leas. Lawrence H. Koerner, PLS 8251 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83661 (208) 4655687 18008 TM !casement Area No. 2 Desc riptiondoc Page 1 EXHIBIT A TO CORRECTION GENERAL WARRANTY DEED 6/3012016 s60.2726s 4696 L1, ro160.00,dods-OQ6.3241.doo dm76.16160 63.33 R6ra"IA0,ddl&- AS01.dwrd-n76.242'S*114.96 s69.1100612A6 s00.4666w02 n69.1104w 612M LL r -t 60A0, dens -028.A601. chord -476.2425w 64.11 0610,w271.00.da--0M,3241.chw&s76.1616w113.00 O9n663725w43.71 1001 J32US2.04 EXHIBIT A TO CORRECTION GENERAL WARRANTY DEED RIGHT OF WAY AREA No. 3 DESCRIPTION FOR TM CROSSING SUBDIVISION The following describes a Parcel of Land being a Portion of the SW 114 of Section 14. Township 3 North., Range 1 West., BM., City of Meridian, Ada County, Idaho and being more particularly described as follows: COMMENCING at the West 114 Comer of Sec ton 14, Township 3 North.. Range 1 West., SM., being Monumented with an Aluminum Cap; From which, the Southwest Comer of said Section 14 bears, South 00°30'10" West, 2859.45 feet which is being monumented with a Found Aluminum Cap, Thence along the Northerly Boundary Line of the SW 114 of said Section 14, South 89°11'34` East, 2532.89 feet to the POINT OF BEGINNING: Thence oonilmdng along the Northerly Boundary Une of the SW 114 of said Section 14, South 89'11'34' East, 75.00 feet to a point; Thence leaving said Northerly Boundary Lire, South 000 19'09' West, 833.27 feet to a point; Thence Southwesterly 375.12 feet along the arc of a curve to the right having a radius of 237.50 feet, a Central angle of 90°29'4(' and a long chord which bear(, South 45'302" West, 337.33 feet to a point; Thence. North 89°11'04' West, 881.24 feet to a point; Thence, South 88°05'21" West, 241.77 feet to a point Thence, North 89°11'04" West, 45.63 feet to a point: Thence, North 00'41376' East, 86.50 feel to a point Thence, South 89'11'04' East, 988.40 feet to a point: Thence Northeasterly 258.64 feet along the arc of a curve to the left having a radius of 18250 feet, a Central angle of 900292W and a long chord which bears, North 45'3349r East, 230.79 feet to a point Thence, North 00°19'08' East, 633.91 feet to the POINT OF BEGINNING: Said parcel of Land contains 3.34 Acres (145,750 S% Ft.) more or leas Lawrence H. Koerner, PLS 8251 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 46SM87 1WW TM ROW No.3 Desaiptlon.doc Page 1 SM16 EXHIBIT A TO CORRECTION GENERAL WARRANTY DEED S me 880.11340 75 09889.11040 968A 800.1909wA33,27 09 U. x102,60. dai3os00.2920. dod•n4L33400 230.78 FO.8237.b0, ddm*090.2910, chord -MS -UM 337.33 tOn0Q19090 633.01 s8 OMW241.77 nftll04w45b3 n00.4829089,5 EXHIBIT A TO CORRECTION GENERAL WARRANTY DEED EXHIBIT B CONSENT AND ACKNOWLEDGEMENT As a subsequent owner of a portion of the affected property described in Exhibit A, SBG Ten Mile Office No. 1 LLC, an Idaho limited liability company, does hereby evidence its prior consent to and acknowledgement of its approval of the modification to General Warranty Deed previously recorded on July 21, 2016, as Instrument No. 2016-065483, in the Official Records of Ada County, subsequently rerecorded on December 16, 2016, as Instrument No. 2016-121971, in the Official Records of Ada County. GRANTOR: SBG TEN MILE OFFICE NO. 1, LLC an Idaho limited liability company By. _ Name: o.710,�5 6-"4 Cr cc e Title: Manager STATE OF IDAHO ) ss. County of Ada ) By: Name: Title: Manager On this '/ day of Ci1 �, 2017, before me, the undersigned Notary Public in and for said State, personally appeared ✓• / ;� O m known or identified to me to be the Manager of SBG Ten Mile Office No. 1, Ll -t, and the Manager who subscribed said company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said SBG Ten Mile Office No. 1, LLC, and that such company executed the same. IN W\TNE'8&/VyPEREOF, I year first O STATE ON*,VO VOi3M0 ass County of Ada ) have hereunto set my hand and affixed my official seal the day and Notary Public for State of Idaho Commission Expires: C" • Z 2. 202-6 On this day of 2017, before me, the undersigned Notary Public in and for said State, personally appeared I known or identified to me to be the Manager of SBG Ten Mile Office No. 1, LLC, and the Manager who subscribed said company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said SBG Ten Mile Office No. 1, LLC, and that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. `' /d Notary Public for State of Idaho Commission Expires: EXHIBIT B TO CORRECTION GENERAL WARRANTY DEED EXHIBIT B CONSENT AND ACKNOWLEDGEMENT As a subsequent owner of a portion of the affected property described in Exhibit A, SBG Ten Mile Office No. 1 LLC, an Idaho limited liability company, does hereby evidence its prior consent to and acknowledgement of its approval of the modification to General Warranty Deed previously recorded on July 21, 2016, as Instrument No. 2016-065483, in the Official Records of Ada County, subsequently rerecorded on December 16, 2016, as Instrument No. 2016-121971, in the Official Records of Ada County. GRANTOR: SBG TEN MILE OFFICE NO. 1, LLC an Idaho limited liability company By: Name: Title: Manager STATE OF IDAHO ) ss. County of Ada ) By: wlf-IVIAL (� J��� Name: B 1& ?• /R/`v" Title: Manager On this day of 2017, before me, the undersigned Notary Public in and for said State, personally appeared I known or identified to me to be the Manager of SBG Ten Mile Office No. 1, LLC, and the Manager who subscribed said company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said SBG Ten Mile Office No. 1, LLC, and that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL STATE OF IDAHO ) ss. County of Ada ) Notary Public for State of Idaho Commission Expires: On this —IL day of U 2017, before me, the undersigned Notary Public in and for said State, personally appeared A� Q i V known or identified to me to be the Manager of SBG Ten Mile Office No. 1, LLC, and the Manager who subscribed said company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said SBG Ten Mile Office No. 1, LLC, and that such company executed the same. IN WITNESS WHEREOF, I have hereunto set m hand naffixed my official seal the day and year first above written. i F McCURRY No a y Public for Sta e of IdahoY PUBLIC Commission Expires:OF IDAHO EXHIBIT B TO CORRECTION GENERAL WARRANTY DEED Site Name/#: SPANISH SUN - ID4302 AUTHORIZATION The undersigned is the "Owner" of the real property ("Property") described below, and hereby authorizes, consents and agrees with Horizon Tower Limited Partnership -II, a Kansas Limited Partnership, by Horizon Tower, LLC, its Operations Partner ("Horizon"), as follows: 1. Entry. Owner consents and agrees that Horizon, its employees, agents and independent contractors ("Authorized Parties") may enter upon the Property to conduct and perform some of all of the following activities ("Permitted Activities"): Surveys, geotechnical soil borings and analysis, phase I environmental audits, boundary surveys, radio propagation studies, and such other tests and inspections of the Property which Horizon, may deem necessary or advisable. Horizon agrees to be responsible for any and all costs related to the Permitted Activities, including installation on and operation and removal of equipment on the Property. Horizon agrees to indemnify, save harmless and defend Owner, its directors, officers, employees and agents from and against any and all claims, actions, damages, liability and expense in connection with personal injury and/or damage to property arising from or out of any occurrence in, upon or at the Property caused by any act or omission of the Authorized Parties in conducting the Permitted Activities. 2. Filings. Owner consents and agrees that the Authorized Parties may make and file applications on Owner's behalf of such local, state and federal governmental entities whose approval Horizon may consider necessary or advisable to have the Property approved as a tower or antenna site, including, but not limited to, governmental approval for zoning variances, rezoning applications, building permits, and wetland permits. Owner hereby agrees that a copy of this Agreement is as effective as the original. However, if requested by the Authorized Parties, Owner agrees to execute such other and further documents as may be required by the governmental entity in question to evidence Owner's consent to the action which is proposed to be taken. Owner: Brighton Investments LLC and SCS Investments LLC Brighton Investments LLC, an Idaho limited liability company SCS Investments LLC, an Idaho limited liability company By: By: David W. Turnbull, ManagvAn WW -6'r' Steven C. Smith, Manager Date: Date:S j 7-019 Property address: W Excursion Lane Meridian Ada County Idaho LAND LEASE AGREEMENT This Land Lease Agreement, made this � day of 2018 ("Effective Date") (the "Agreement"), between Brighton Investments, LLC, an Idaho limited liability company and SCS Investments, LLC, an Idaho limited liability company, with its principal offices located at 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713, hereinafter collectively designated LESSOR, and Horizon Tower Limited Partnership -II, a Kansas Limited Partnership, by Horizon Tower, LLC, its Operations Partner, having a mailing address of 117 Town & Country Drive, Suite A, Danville, CA 94526, hereinafter designated LESSEE. LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party". WITNESSETH In consideration of the mutual covenants contained herein and intending to be legally bound hereby, the Parties agree as follows: 1. LEASED PREMISES. LESSOR owns that certain plot, parcel or tract of land, together with all rights and privileges arising in connection therewith, located on W Excursion Lane, in the City of Meridian, County of Ada, State of Idaho depicted on Exhibit A (collectively, the "Property"). LESSEE desires to use a 2,400 square foot (40 foot by 60 foot) portion of the Property (the "Premises"), as depicted on Exhibit B, in connection with its intention to install, maintain and operate a tower structure, provide antenna locations and sublease ground and tower space for federally licensed communications businesses ("Use"). LESSOR desires to grant to LESSEE the right to use the Premises in accordance with this Agreement. The Premises shall include any landscaping or fencing required by any governmental agency. LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and upon approval of LESSOR, said survey shall supersede and replace Exhibit B attached hereto. The revised Exhibit B shall control in the event of boundary and access discrepancies between it and Exhibit A. Cost for such survey shall be borne by LESSEE. 2. ACCESS. LESSEE and its employees, agents, subcontractors, and subtenant(s), if any, shall have the non-exclusive right of access for the Use (pedestrian and vehicular) to and from the Premises, seven days a week, 24 -hours a day, through, over and/or under the Property in a location to be approved by LESSOR. In the event LESSEE has exhausted all options and efforts to utilize an existing access or public utility easement then LESSOR agrees to grant additional access or an easement either to LESSEE or to the public utility, foi the non-exclusive use by LESSEE. 3. TERM: RENT. This Agreement shall be effective as of the date of execution by both Parties. The initial lease term will be fifteen (15) years ("Initial Term"), commencing upon the Commencement Date (as hereinafter defined) and will terminate on the last day of the month in which the fifteenth (15"') annual anniversary of the Commencement Date occurs. This Agreement shall automatically renew for two (2) additional five (5) year terms (each five-year term shall be defined as an "Extension Term"; the Initial Term and any Extension Terms are collectively referred to as the "Term" ), upon the same terms and conditions unless LESSEE notices LESSOR in writing of LESSEE's intention not to renew this Agreement at least sixty (60) days prior to the expiration of the then existing Term. The minimum annual base rent for years 1-5 of LAND LEASE AGREEMENT — Page 1 SPANISH SUN ID4302 This Agreement shall commence on the date LESSEE commences installation of the equipment on the Premises, which date shall be communicated by LESSEE to LESSOR in writing delivered to the notice address specified in Section 21 herein (the "Commencement Date"). In the event the date LESSEE commences installation of the equipment on the Premises falls on any day other than the first day of a month, solely for the purposes of determining the length of the Initial Term, the dates for any Extension Terms and the dates for any Escalation, the Commencement Date shall be deemed to have begun on the first day of the following month and Rent for any partial month shall be prorated on a per diem basis calculated based on a 30 -day month. LESSOR and LESSEE agree that they shall acknowledge in writing the Commencement Date. LESSOR and LESSEE acknowledge and agree that initial Rent payment(s) shall not actually be sent by LESSEE until thirty (30) days after a written acknowledgement is delivered to LESSEE by LESSOR confirming the Commencement Date. By way of illustration of the preceding sentence, if the Commencement Date is January 1 and the written acknowledgement confirming the Commencement Date is dated January 14, LESSEE shall send to LESSOR the Rent payments for January 1 and February 1 by February 13. Upon agreement of the Parties, LESSEE may pay Rent by electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose, upon request of LESSEE. LAND LEASE AGREEMENT — Page 2 SPANISH SUN ID4302 4. TAXES. (a) LESSOR shall invoice and LESSEE shall pay any applicable transaction tax (including sales, use, gross receipts, or excise tax) imposed on LESSEE and required to be collected by LESSOR based on any service, rental space, or equipment provided by LESSOR to LESSEE. LESSEE shall .pay all real estate and personal property taxes, fees, assessments, or other taxes and charges imposed by any Governmental Entity ("Taxes") that are directly attributable to LESSEE's USE, including, but not limited to, antennas, equipment and related appurtenances, or LESSEE's use and occupancy of the Premises. If allowed by any Governmental Entity, LESSEE shall have notices regarding Taxes sent directly to LESSEE and LESSEE shall pay the same directly to the applicable Governmental Entity on or before its due date. LESSEE shall not allow a lien to be placed on the Premises and/or Property. In the event that LESSOR receives any notice for LESSEE's Taxes, payment shall be made to LESSOR by LESSEE within sixty (60) days after presentation of the bill and/or assessment notice which is the basis for such taxes or charges. (b) LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal, challenge or seek modification of any tax assessment or billing for which LESSEE is wholly responsible for payment. LESSOR shall reasonably cooperate with LESSEE at LESSEE's expense in filing, prosecuting and perfecting any appeal or challenge to taxes as set forth in the preceding sentence, including but not limited to, executing any consent, appeal or other similar document. In the event that, as a result of any appeal or challenge by LESSEE, there is a repayment received by LESSOR for any taxes previously paid to LESSOR by LESSEE, LESSOR agrees to promptly reimburse to LESSEE the amount of said repayment upon LESSOR's receipt of such repayment from the applicable Governmental Entity. If there is a reduction or credit received by LESSOR of any taxes previously invoiced by LESSOR to LESSEE, LESSOR will credit or reduce the amount of such invoice by that amount. 5. USE. LESSEE shall use the Premises for the purpose of constructing, maintaining, repairing and operating a tower structure that will provide antenna locations for the transmission and reception of communication signals and related equipment, cables, accessories and improvements which may include equipment shelters or cabinets, transmission cables, electric lines, fencing and other items necessary to secure use of the Premises ("Communications Equipment"), as well as the right to test, survey and review title on the Premises, and to make alterations, improvements, upgrades or additions to the Premises appropriate for LESSEE's use and to insure that LESSEE's Communications Equipment complies with all applicable federal, state or local laws, rules or regulations. An eight -foot (8') security wall constructed with concrete or masonry shall be placed around the perimeter of the Premises, at LESSEE's expense and maintenance, the design of such security wall shall be approved by LESSOR prior to construction. All improvements, equipment, antennas and conduits ("Improvements") shall be at LESSEE's expense and their installation shall be at the discretion and option of LESSEE, provided that, unless otherwise approved by LESSOR, none of the improvements, other than the tower structure and the equipment mounted on the tower structure, shall be visible over the security wall. 6. IMPROVEMENTS. The Communications Equipment including, without limitation, antennas, conduits, and other improvements shall be at LESSEE's expense and installation shall be made on the basis of drawings approved by LESSOR and referenced in Exhibit C attached hereto, LAND LEASE AGREEMENT — Page 3 SPANISH SUN ID4302 unless otherwise approved in writing by LESSOR. At all times, Exhibit C will reflect a true and accurate description of the Premises. LESSEE shall cause all construction to occur lien -free and in compliance with all applicable laws and ordinances. LESSEE shall have the right to replace, repair, add or otherwise modify its Communications Equipment, antennas, conduit or other improvements or any portion thereof and the frequencies over which the Communications Equipment operates, provided that such replacement, repair or modification does not substantially alter the Communications Equipment from what is described, listed and/or depicted in this Agreement. No advertising signage shall be placed on the Communications Equipment, except such signage as may be required by applicable Laws. - (a) Master Declaration. LESSEE'S use of the Property and the Premises is subject to the terms, conditions and restrictions in that certain Declaration of Covenants, Conditions, Restrictions and Easements for the Ten Mile Crossing Subdivision recorded in the records of Ada County, Idaho, as Instrument No. 2016-065448, as supplemented and amended from time to time. 7. GOVERNMENTAL APPROVALS. LESSEE's Use is contingent upon LESSEE obtaining all of the certificates, permits and other approvals (collectively the "Government Approvals") .that may be required by any Federal, State or Local authorities (collectively, the "Governmental Entities"). 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 LESSEE's Use. 8. MAINTENANCE. LESSEE will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. 9. INDEMNIFICATION. (a) Assumption of Risk, Release. LESSEE and all those claiming through or under, including but not limited to employees, agents, customers, invitees, subtenants and concessionaires ("LESSEE Parties") shall store their property in and occupy and use the Premises solely at their own risk. LESSEE hereby releases LESSOR, and its respective affiliates, employees and agents ("LESSOR Parties"), from all claims by LESSEE or LESSEE Parties, including loss of life, personal or bodily injury, damage to merchandise, equipment, fixtures or other property, or damage to business (including business interruption) arising, directly or indirectly, out of or from or on account of such occupancy and use or resulting from any present or future conditions or state of repair thereof, except to the extent such claims are directly caused by the negligence of LESSOR and are not covered by insurance required to be carried by LESSEE hereunder. LESSOR and LESSOR Parties shall not be responsible or liable for damages to LESSEE, or to those claiming through or under LESSEE for any loss of life, bodily or personal injury, or damage to property or business that may be occasioned by or through the acts, omissions or negligence of any other person including, without limitation, other tenants, occupants or customers of any portion of the Property. LESSOR shall not be responsible or liable for damages at any time for loss of life, or injury or damage to any person or to any property or to the business of LESSEE or LESSEE Parties caused by or resulting from acts of God or the elements. LAND LEASE AGREEMENT — Page 4 SPANISH SUN ID4302 (b) Indemnification. This Agreement is made on the express condition that LESSOR shall not be liable for, or suffer loss by reason of, injury to person or property, from whatever cause, in any way connected with the condition, use, occupational safety or occupancy of the Premises, specifically including, without limitation, any liability for injury to the person or property of LESSEE, LESSEE's agents, or any third parties left in LESSEE's care, custody or control. LESSEE hereby agrees to indemnify, and to hold harmless and defend LESSOR from and against all claims, losses, expenses or liabilities for injury or death to any person or for damage to or loss of use of any property arising out of any occurrence in, on or about the Premises, of caused or contributed to by LESSEE or LESSEE Parties or arising out of any occurrence in, upon or at the Premises, or on account of the use, condition, occupational safety or occupancy of the Premises (except to the extent caused by LESSOR's gross or sole negligence or willful misconduct). It is the intent of the parties hereto that the indemnity contained in this section shall not be limited or barred by reason of any negligence on the part of LESSOR or LESSOR's agents, except as expressly provided herein. Such indemnification shall include and apply to attorneys' fees, investigation costs, and other costs actually incurred by LESSOR, LESSEE shall further indemnify, defend and hold harmless LESSOR from and against any and all claims arising from any breach or default in the performance of any obligation on LESSEE's partto be performed under the terms of this Agreement. The provisions of this section shall survive the expiration or termination of this Agreement with respect to any damage, injury, death, breach or default occurring prior to such expiration or termination. 10. INSURANCE. LESSEE agrees that the Communications Equipment and all other fixtures and equipment and personal property belonging to LESSEE and located in or about the Premises shall be at the sole risk of LESSEE, and LESSOR shall not be liable for the theft or misappropriation thereof, nor for any damage or injury thereto, nor for any damage or injury to LESSEE, its subtenant(s), agents, employees and licensees or invitees, or to any other persons or to any property caused by fire, explosion, wind, water, rain, snow; frost, steam, gas, electricity, any Acts of God, heat or cold,, or by any act or neglect of any other person, it being the obligation of LESSEE to insure its personal property and Communications Equipment. LESSEE Obligations: (a) Tunes of Insurance Required. During the Term, LESSEE will maintain at its expense the following types of insurance: (i) workers' compensation in an amount required by law; (ii) employer's liability insurance in the amount of $1,000,000.00 for each accident for bodily injury by accident and $1,000,000.00 for each employee for bodily injury by disease; and (iii) commercial general liability with a per occurrence limit of $2,000,000.00 and a general aggregate of $4,000,000.00 for bodily injury and property damage on an occurrence basis and containing an endorsement having LESSOR and the Additional Insureds listed as additional insureds, a separation of insured provision, a waiver of subrogation in favor of LESSOR, its agents, employees and lender, an aggregate limit per location endorsement, a deletion of contractual liabilities exclusion for personal injury and advertising injury liability, and no modification that would make LESSEE's policy excess or contributing with LESSOR's liability insurance. (b) Policy Requirements. All policies will be issued by carriers having ratings of Best's Insurance Guide A and VIII, or better, and admitted to engage in the business of insurance LAND LEASE AGREEMENT — Page 5 SPANISH SUN ID4302 in Idaho. All policies must be endorsed to be primary and noncontributing with the policies of LESSOR being excess, secondary and noncontributing. Any policy or endorsement form must be approved in advance by LESSOR. No policy will be canceled, non -renewed or materially modified without thirty (30) days prior written notice by insurance carrier to LESSOR. LESSEE must immediately notify LESSOR in writing if any aggregate limit is reduced below 75% of the limit required by this section because of losses paid. No policy will contain a deductible or self- insured retention in excess of $5,000.00 without the prior written approval of LESSOR. If the forms of policies, endorsements, certificates, or evidence of insurance required by this section are superseded or discontinued, LESSOR will have the right to require other equivalent or better forms. (c) Evidence of Coverage. Evidence of the insurance coverage required to be maintained by LESSEE under this section, represented by certificates of insurance issued by the insurance carrier, must be furnished to LESSOR prior to occupying the Premises and at least thirty (30) days prior to the expiration of current policies. Copies of all endorsements required by this section must accompany the certificates delivered to LESSOR. The certificates will state the amounts of all deductibles and self-insured retentions and that LESSOR will be notified in writing thirty (30) days prior to cancellation, material change, or non -renewal of insurance. If requested in writing by LESSOR, LESSEE will provide to LESSOR a certified copy of any or all insurance policies or endorsements required by this section. (d) Failure of LESSEE to Insure. In the event LESSEE shall fail to purchase and keep in force any of the insurance required of LESSEE in this Section 10, LESSOR may, but shall not be required to, purchase and keep in force the same, in which event LESSEE shall pay to LESSOR the full amount of LESSOR's expense with respect thereto, said payment to be made within ten (10) days after demand for such payment by LESSOR. The election by LESSOR to purchase said insurance on behalf of LESSEE shall not constitute a curing of the default occasioned by LESSEE's failure nor be an election of remedies otherwise available to LESSOR. (e) Adjustment of Coverage. Not more frequently than every 3 years during the Term if, in the opinion of LESSOR based on industry and local standards, the amount of public liability and property damage insurance required to be carried and maintained by LESSEE is at the time not adequate, LESSEE shall increase insurance coverage as reasonably determined by LESSOR to be adequate. 11. ' INTERFERENCE. LESSEE agrees that LESSEE will not cause interference that is measurable in accordance with the then industry standards to LESSOR's equipment or the then existing equipment of occupants of the Property. LESSOR agrees that LESSOR will not cause interference that is measurable in accordance with the then industry standards to the then existing equipment of LESSEE. LESSOR agrees that if there are existing radio frequency user(s) on the Property, LESSOR will provide LESSEE with a list of all existing radio frequency user(s) on the Property to allow LESSEE to evaluate the potential for interference. LESSOR agrees that LESSOR will not install other equipment that is of the type and frequency that may cause harmful interference which is measurable in accordance with then existing industry standards to the then existing equipment of LESSEE. In no event shall any modifications to LESSEE's LAND LEASE AGREEMENT — Page 6 SPANISH SUN ID4302 Communications Equipment cause harmful interference to existing equipment of LESSOR or other occupants or tenants in use at the time of the modification. 12. TERMINATION. LESSEE may, unless otherwise stated, immediately terminate this Agreement upon written notice to LESSOR in the event that (i) any application for a Governmental Approval should be finally rejected; (ii) any Governmental Approval issued to LESSEE is canceled, expires, lapses or is otherwise withdrawn or terminated by any Government Entity; (iii) LESSEE determines that any Governmental Approval may not be obtained in a timely manner; or (iv) at any time before LESSEE commences any modifications to the Premises and/or Properly for its installation of any of LESSEE's Communications Equipment for any reason or no reason in LESSEE's sole discretion (collectively "Early Termination"). Upon LESSOR's receipt of any such Early Termination notice and the date of termination stated therein this Agreement shall have no further force and effect except for representations, warranties, indemnifications that survive its expiration of earlier termination. 13. REMOVAL AT END OF TERM. Upon expiration of the Term, or within thirty (30) days after any earlier termination of the Agreement, LESSEE shall remove LESSEE's and any subtenant's Communications Equipment, including concrete footings to three (3) feet below grade, and restore the Premises substantially to its original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and acknowledges that all of the Communications Equipment shall remain the personal property of LESSEE or its subtenants (as applicable) and LESSEE and its subtenants shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable laws. If such time for removal causes LESSEE to Tremain on the Premises after termination of this Agreement, LESSEE shall become a month-to-month tenant and shall pay rent at one hundred fifty percent (150%) of 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 Communications Equipment is completed. 14. HOLDOVER. If upon expiration of the Term the Parties are negotiating a new lease or a lease extension, then this Agreement shall continue during such negotiations on a month to month basis at the rent in effect as of the date of the expiration of the Term. In the event that the Parties are not in the process of negotiating a new lease or lease extension and LESSEE holds over after the expiration or earlier termination of the Term, then LESSEE shall become a month to month tenant and shall pay rent at 150% of the then existing monthly rate or on the existing monthly pro -rata basis if based upon a longer payment term, until the removal of the Communications Equipment is completed. 15. SUBORDINATION. LESSEE agrees that at all times this Agreement and LESSEE's leasehold estate created hereby shall be subordinate to the lien of any mortgage, deed of trust or other encumbrance, together with any renewals, extensions or replacements thereof, now or hereafter placed, charged or enforced against LESSOR's interest in the Premises and/or the Property. Upon the request of LESSOR, LESSEE agrees to execute and deliver such documents (containing customary terms and conditions) as may be reasonably required to effectuate such subordination. In the event LESSEE shall fail, neglect or refuse to execute and deliver any such document within ten .(10) days after receipt by LESSEE of the document(s) to be executed by it, LAND LEASE AGREEMENT — Page 7 SPANISH SUN ID4302 to effect such subordination, LESSEE hereby irrevocably appoints LESSOR, and LESSOR's successors and assigns, the true and lawful attorney-in-fact of LESSEE to execute and deliver in LESSEE's own name any and all such documents for and on behalf of LESSEE in connection with such subordination. 16. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the Rent and other amounts payable by LESSEE under this Agreement, and performing the covenants, terms and conditions of this Agreement required of LESSEE to be kept and performed, may have, hold and enjoy the Premises during the Term hereof. 17. TITLE. LESSOR represents and warrants to LESSEE as of the execution date of this Agreement, and covenants during the Term 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 during the Term that there are no 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 or adversely affect the use or occupancy of the Premises by LESSEE as set forth above. The Communications Equipment shall be deemed personal property for purposes of this Agreement, regardless of whether any. portion is deemed real or personal property under applicable law, and LESSOR consents to LESSEE's right to remove all or any portion of the Communications Equipment from time to time in LESSEE's sole discretion and without LESSOR's consent. 18. ATTORNMENT. In the event of a sale or conveyance by LESSOR of the Premises and/or the Property, other than a transfer for security purposes only, LESSOR shall be relieved from all obligations and liabilities accruing thereafter on the part of LESSOR, provided that any funds in the hands of LESSOR at the time of transfer in which LESSEE has an interest, shall be delivered to the successor of LESSOR. This Agreement shall not be affected by any such sale and LESSEE agrees to attorn to the purchaser or assignee provided that all LESSOR's obligations hereunder are assumed in writing by the transferee. 19. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the Laws of the State in which the Property is located. 20. ASSIGNMENT SUBLETTING AND MORTGAGING. a. Assignment. Without any approval or consent of the other Party, this Agreement may be sold, assigned or transferred by either Party to (i) any entity in which the Party directly or indirectly holds an equity or similar interest; (ii) any entity which directly or indirectly holds an equity or similar interest in the Party; or (iii) any entity directly or indirectly under common control with the Party. LESSEE may assign this Agreement to any entity which acquires all or substantially all of LESSEE's assets in the market defined by the FCC in which the Property is located by reason of a merger, acquisition or other business reorganization without approval or consent of LESSOR. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of the other Party, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control LAND LEASE AGREEMENT — Page 8 SPANISH SUN ID4302 of LESSEE or transfer upon partnership or corporate dissolution of either Party shall constitute an assignment hereunder. b. Sublease. LESSEE shall have the right to enter into a sublease with a telecommunication carrier for ground and/or tower space within the Premises without the prior consent of LESSOR; however such sublease shall not relieve LESSEE of its obligations under this Agreement, including payment of Rent. Any sublease shall specify that it shall terminate upon the termination of this Agreement for whatever reason. C. Mortgage. LESSOR agrees that LESSEE may mortgage, hypothecate or grant a security interest in the Agreement and the Communications Equipment, and may assign the Agreement or any rights therein and the Communications Equipment to any mortgagees or holders of security interests, including their successors or assigns (collectively "Mortgagees '), provided such Mortgagees interests in the Agreement are subject to any and all of the terms and provisions of the Agreement. In such event, LESSOR shall execute such consent or acknowledgements to leasehold financing as may reasonably be required by Mortgagees. Execution of any Mortgagee required documents shall not be unreasonably withheld, conditioned or delayed. 21. NOTICES. 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 further 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: Brighton Investments, LLC and SCS Investments, LLC 12601 W. Explorer Drive, Suite 200 Boise, Idaho 83713 Attention: Property Management LESSEE: Horizon Tower Limited Partnership -11 Horizon Tower, LLC 117 Town & Country Drive, Suite A Danville, CA 94526 Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 22. SPECIAL PROVISIONS. (a) Site Layout. Prior to construction, LESSEE shall submit to LESSOR the following plans for review by LESSOR, who shall review and approve, comment or reject said plans within fourteen (14) business days of LESSOR's receipt: site plan, elevation plan with colors LAND LEASE AGREEMENT — Page 9 SPANISH SUN ID4302 and materials show, landscape plan, utility plan. In no event shall, any carrier's equipment shelter be constructed of metal. (b) Advertising. No part of the Premises or Improvements may display any advertising. (c) Tower. The tower installed on the Premises shall be disguised to look like a pine tree as depicted on the plans approved by LESSOR. LESSEE shall not alter or modify such fagade without prior written consent of LESSOR. 23. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representative, successors and assigns of the Parties hereto. 24. DEFAULT. It is a "Default" if either Party fails to comply with this Agreement and does not remedy the failure within thirty (30) days after written notice by the other Party or, if the failure cannot reasonably be remedied in such time, if the failing Party does not commence a remedy within the allotted thirty (30) days and diligently pursue the cure to completion within ninety (90) days after the initial written notice. The cure periods set forth in this Section 24 do not extend the period of time in which either Party has to cure interference pursuant to Section 11 of this Agreement. Notwithstanding anything to the contrary in this Section 24, LESSEE's failure to pay any installment of annual rent within ten (10) days following its due date, shall constitute a material default and breach of this Agreement by LESSEE. 25. REMEDIES. In the event of a Default, without limiting the non -defaulting Party in the exercise of any right or remedy which the non -defaulting Party may have by reason of such default, the non -defaulting Party may pursue any rights and/or remedies now or hereafter available to the non -defaulting Party under this Agreement or allowed in equity and/or under the Laws or judicial decisions of the state in which the Property is located. Further, upon a Default, the non - defaulting Party may at its option (but without obligation to do so), perform the defaulting Party's duty or obligation and the reasonable costs and expenses of any such performance by'the non - defaulting Party shall be due and payable within thirty (30) days by the defaulting Party upon receipt of an invoice accompanied by reasonable support documents therefor. 26. ENVIRONMENTAL. LESSEE shall conduct its business in compliance with all applicable laws governing the protection of the environment or employee health and safety ("EH&S Laws"). LESSEE shall indemnify and hold harmless LESSOR from claims to the extent resulting from LESSEE's violation of any applicable EH&S Laws or to the extent that LESSEE causes a release of any regulated substance to the environment. The Parties recognize that LESSEE is only leasing a small portion of LESSOR's property and that LESSEE shall not be responsible for any environmental condition or issue except to the extent resulting from LESSEE's specific activities and responsibilities. In the event that LESSEE encounters any hazardous substances that do not result from its activities, LESSEE may relocate its facilities to avoid such hazardous substances to a mutually agreeable location or, if LESSEE desires to remove at its own cost all or some of the hazardous substances or materials (such as soil) containing those hazardous substances. LAND LEASE AGREEMENT — Page 10 • SPANISH SUN ID4302 27. CASUALTY. In the event damage by fire or other casualty to the Premises impairs LESSEE's Use, rent shall abate until LESSEE's Use is restored. If LESSEE's Use is not restored within forty-five (45) days, LESSEE may terminate this Agreement. 28. CONDEMNATION. In the event any condemnation of all or any portion of the Property or Premises impairs LESSEE's Use, LESSEE may terminate this Agreement. LESSEE may, on its own behalf, make a claim in any condemnation proceeding involving the Premises for losses related to LESSEE's Communications Equipment, related costs and, specifically excluding loss of LESSEE's leasehold interest, any other damages LESSEE may incur as a result of such condemnation. 29. APPLICABLE LAWS. LESSEE shall, in respect to the condition of the Premises and at LESSEE's sole cost and expense, comply with (i) all laws relating solely to LESSEE's specific and unique nature of use of the Premises; and (ii) all building codes requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises. It shall be LESSOR's obligation to comply with all laws relating to the Property. 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. MISCELLANEOUS. This Agreement contains all agreements, promises and understandings between LESSOR and LESSEE regarding this transaction, and no oral agreement, promises or understandings shall be binding upon either LESSOR or LESSEE in any dispute, controversy or proceeding. This Agreement may not be amended or varied except in a writing signed by all Parties. This Agreement shall extend to and bind the heirs, personal representatives, successors and assigns hereto. 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 hereunder shall not waive such rights and such party shall have the right to enforce such rights at any time. The performance of this Agreement shall be governed, interpreted, construed and regulated by the laws of the state in which the Property is located without reference to its choice of law rules. Except as expressly set forth in this Agreement, nothing in this Agreement shall grant, suggest or imply any authority for one Party to use the name, trademarks, service marks or trade names of the other for any purpose whatsoever. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. This Agreement and all ancillary documents executed by the parties in connection herewith may be executed by facsimile or in multiple counterparts, each of which shall be deemed to be an original but all of which, together, shall constitute one and the same instrument. [End of Text; Signatures on Next Page] LAND LEASE AGREEMENT — Page 11 SPANISH SUN ID4302 IN WITNESS WHEREOF, intending to be bound the parties have executed and entered into this Agreement, as of the date first above written as the Effective Date. LESSOR: Brighton Investments LLC, an Idaho limited liability company By:/Z David W. Turnbull, Manag4�n5 Date: 101 LESSEE: SCS Investments LLC, an Idaho limited liability company Date: d /�M to, 201V Horizon Tower Limited Partnership -II, a Kansas limited partnership By Horizon Tower, PZ�, a Delaware limited liability company, its Operations Manager By: Title: Date: LAND LEASE AGREEMENT — Page 12 SPANISH SUN ID4302 EXHIBIT A Description of Property A parcel of land located in the Southwest Quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. Being finther described as follows: BASIS OF BEARINGS: The North line of the Southwest Quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, derived from found monrnnents and taken as South 89011'34" East with the distance between montunents found to be 2,656.39. Beginning at a point on the North line of said Southwest Quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian from which the West Quarter corner of said Section 14 bears North 89011'34" West a distance of 36.00 feet; thence along said North Line, South 89011'34" East to the Center Quarter comer of said Section 14 a distance of 2,620.39 feet; thence leaving said North Line and along the East line of said Southwest Quarter, South 00135'28" West to a point on the Northerly Right -of -Way on Interstate 84 a distance of 1,344.66 feet; thence along said Right -of -Way, North 89034'03" West a distance of 501.27 feet; thence continuing along said Right -of -Way, North 81001'33" West a distance of 28.65 feet; thence leaving said Right -of -Way, North 00146'45" West a distance of 15.10 feet; thence North 59040'21" West a distance of 883.45 feet; thence North 55113'21" West a distance of 837.82 feet; thence North 40144'57" West a distance of 183.51 feet; thence North 39138'38" West a distance of 352.80 feet; thence North 88033'15" West to a point on the Easterly Right -of -Way of Ten Mile Road, a distance of 281.14 feet; thence along said Right -of -Way, North 00030'10" East a distance of 16.40 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM: Any portion lying with TM Crossing Subdivision. ALSO EXCEPTING THEREFROM: Right of Way Area No. 1, Right of Way Area No. 2 and Right of Way Area No. 3 as disclosed in Correction General Warranty Dees recorded January 11, 2017 as Iustrlunent Nos. 2017-003267 and 2017-003268. EXHIBIT A SPANISH SUN ID4302 EXHIBIT B Depiction of Premises [:::, �..... INSET: 71 premises (40x60) If : Access L...1 IT1ITj�1 I't'ITITITI'f'i'n jTfTl'TITITI ITiTITI 111IIIIIIIIiI llllllli.l��jL`,, ■rrwr ■ 111111111 n itI1111111d n 1111 FH I -I H H H-H-1+I+I-H-H 41+1 +I+I I _ I fill l if in l l l l i l l l l l l n 1 1 1 1 1 1 1 1 1 1 1 n _ H H H h H-I+I+hHti I+H•I+I+I+I-H I= i11III1IIu 11I1I1I1111 u 11IIII1111Iu _ illi If IInIl111111111nI1I11111111n C� ii I+H 4H-I+I+I-H-H H•H-I+I+I-H-H I = I IIIIIIIIu 11111111111 u 11111111111 u _ 1 I 1 1 1 1 1 in 1 I 1 1 1 1 1 1 1 I I n 1 1 1 1 I1 I 1 1 I 1 I n - H H HH-H-1+i+�-H RR1+1+1-H II 1 1 I 1 C J IIIfIIII n III1111111, n 11111111111 n - f-} H H H H•{+I+I+I+i H•H-+1+I+I+i I = 1 1 I 1 1 1 I 1 u 11 111111 If 1 u 11111111111 u _ 11111111 nI IIfit fit 11 n1tit 1111111I, Ll L1 u LLLLI LI LI L11J LLu.I_LI.LI1JdJ a - Itwrr___!rrwr!_! _ rrr`__ rr,i _� EXHIBIT B SPANISH SUN ID4302 EXHIBIT C Communications Equipment EXHIBIT C SPANISH SUN ID4302 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) Blake R. Alder on behalf of I Brighton Investments LLC 12601 W. Explorer Dr., Ste. 200 (name) (address) Boise Idaho (city) (state) being 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: Horizon Tower 117 Town & Country Dr., Ste A, Danville CA 94526 (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. 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 14 day of July (Signature) SUBSCRIBED AND SWORN to before me the day and ear first abo e written (Notary Pu 'c for Idaho) AMANDA MCCURRY NOTARY PUBLICResiding at: Star, Idaho STATE OF' IDAHO My Commission Expires: 4/15/2023 /_ 1 1 33 E Broadway Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 9 Facsimile: (208) 888-6678 • Website: www.meridiancity.org AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA 54^ G Srk01,; on behalf of I SCS Investments LLC (name) 3240 W. Bavaria St., Eagle ID 83616 (address) Boise Idaho (city) (state) being 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: Horizon Tower 117 Town & Country Dr., Ste A, Danville CA 94526 (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 July 18 20 C _ l (Signature) SUBSCRIBED AND SWORN to before me the day and year first above w itten. 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It 1.11,111--- ���°� - � = = _ ;: = = :` _� f OHNfffNflNNfI�ffO �• 9. -- ��^ I 'O/MZt Mfg- 6� o k g i y� AliIN gel a I IIII I��g���x���� i 33"IIIiIIlIl�Iii�It IIII�IIf�I;I1I�I�I�111�11 @® �s9@ e dd.dm �� 9�i98�6Dy fRagX9 a� g �H R $y to l Il yee �e I � 11°1111C1,11Il5 a o':°mr,o`�ba© I IIIIII1L®% I Y"11 11eUll C cr W > Z s �I 2 3e O _ Ni Q O u L ��iR I W H -:3 p E a a z ��`�a� Lu p zz Z ¢ p N o 0 3 V) Z Z U Y�Ysp p N °uS UJ ` I Cl - r T «LU R d Ov g ° — eiev <0 L) Vit- zN ow Z y �s .unun ,zi I � I I I I I I ( I I C I \ I I I I I I I I I I I I I I I I I , I I I 1 I I I I � I I I I I I I I I I W�I���4�� � �s F 1%grillOl9e_��� HIM will -- midw Z ze 0.� z� z�{jm SayS_ 3k v 7(Qqry��yf�� `\y "�\ e• Y' 7F 4M1i[/f ;1 y�� 9 o a� �dWd Wd Wd Wd Wd 0,d d 's a � 0 rc a %Ix I,,> -w d z o ri @� � ttlka w N Z oz o c//y _ tt r € Q z�� tet �1�� F z m 3 oxo on "" I: j n Z w Z" d s V o �� w o $g@ # w O v~iy�� a z � ��.t z a a � >1 m N s 3�5 CL 5 a a 3��g95 i0g�9 = 0.6 F- $ W�I���4�� � �s F 1%grillOl9e_��� HIM will -- midw Z ze 0.� z� z�{jm SayS_ 3k v 7(Qqry��yf�� `\y "�\ e• Y' 7F 4M1i[/f ;1 y�� 9 o a� �dWd Wd Wd Wd Wd 0,d d 's a � 0 rc a Horizon Tower 'Spanish Sun' Monopine Wireless Telecommunications Facility Cert of Zon Zachary Williams Date: 7/17/2018 D NON-RESIDENTIAL STANDARDS I COMMERCIAL DISTRICTS Maintain consistent and contiguous pedestrian environments Proposed cell tower compound will not disturb X_� r 1.1A across developments. Limit circuitous connections and maintain internal circulation of vehicular and pedestrian clear visibility. traffic. i_ J I i J I N/A 11.113 I Provide pedestrian connections to non -private public spaces. I Unmanned cell tower compound Incorporate architectural features on all sides of a building facade facing: the primary entrance(s) of an adjacent building, Unmanned cell tower compound ( N/A 1.1C public roadways, interior site amenities, and facades that are visible from public spaces. See Architectural Elements, Building Form, and Materials sections. r1 I �1 I 1 -) ! 1.1D Buildings must orient, frame, and/or direct pedestrian views to I Unmanned cell tower compound adjacent cultural buildings, parks, and plazas. Design and orient buildings not to impede access. The build- Internal circulation of proposed parking lot not U 1.1E Ing should enhance the appeal of open space and pedestrian impeded by proposed cell tower facility. environments Design building facades to express architectural character and Proposed monopine cell tower is stealth in i� Goal incorporate the use of design principles to unify developments and design to blend in with the existing 1.20..: buildings, and relate to adjacent and surrounding uses. vegetation. Comply and adhere with all previously required building design Certificate of Zoning Compliance applied for X j 1.2A elements that were included as part of a Development Agree concurrently with this Design Review - ` -� ment, Conditional Use Permit, and/or other requirements as Application part of prior approval. Note: for a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or www.meridiancity.org Integrate at least one material change, color variation, or r Unmanned cell tower facility N/A 1.3A horizontal reveal for every 12 -vertical feet of building fagade;' vertical spacing may be averaged over fagade. Integrate at least one material change, color variation, or vertical Unmanned cell tower facility 0 E) /A 1.313 reveal every 50 -horizontal feet of building fagade; horizontal spacing may be averaged over fagade elevation. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. Buildings with rooflines 50 -feet in length or greater must incor- Unmanned cell tower compound porate roofline and parapet variations. Variations may include step-downs, step -backs, other modulation, or architectural OO J173 2.1A features such as cornices, ledges, or columns, and must occur in total combination for at least 20% of the fagade length. May be averaged over entire fa4ade, but may not exceed 75 -feet without a break. For buildings with fagades longerthan 200 -feet, reduce massing of buildings by grouping or incorporating smallertenant spaces �/d 2'113 along the commercial fagade, or by incorporating at least one Unmanned cell tower compound significant modulation with depth at least 3% of the total facade length or 10 -feet, and a width in combination at least 20% of the fagade length. Within mixed use areas and for all developments along arterial roadways, buildings over 1,000 scift must provide a minimum /AI 2.11 20 -foot building elevation to include average parapet height, Unmanned cell tower compound ridge of a pitched roof, or tower/turret type elements at least 20% in total of overall facade width. O 101 i� 1 2.2A �X ) l 2.26 For adjacent buildings with greater than 1 -story height disparity (i.e. —two or more stories difference) and within 30 -feet of each Unmanned cell tower compound using a stealth other, integrate and align parapet designs, material changes, monopine design fenestration alignment, material reveals, or other architectural elements and horizontal articulation, to relate varying building heights to one another. Aligned features do not have to be the same type (i.e. window pattern on one could align with parapet on another). Use pedestrian scale and landscape design elements such as Landscape buffer proposed on the outside specialty lighting, awnings, trees or other site elements to visu- walls of the compound will add trees ally relate and transition multi -story buildings (or equivalent) to the ground plane. Consistently incorporate at least two (2) architectural features Stealth monopine design is more visually. into the building design that are pedestrian scale, to include: ' attractive than'a standard monopine design. 2.3A fenestration patterns; architectural elements such as ledges, lighting, or canopies; material or pattern banding; or detailing (see Pedestrian Scale definition). Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. Note: for a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. For at least 30% of applicable facades use any combination of concrete, masonry, stone, or unique variation of color, texture, or material, at least 10 -inches in height, around the base of n �IA 3.2A the building. May alternatively incorporate other architectural features such as ledges, facade reveals, ground level fenestra- tion, raised planters, or landscaping elements within 3 -feet of finished grade. Where building designs incorporate multiple stories, or multiple - X 3 28 floor height equivalents, integrate at least one field or accent `--' color, material, or architectural feature used on lower stories, on the upper stories. Unmanned cell tower facility Monopine design will be an evergreen design I Building designs with multiple stories must provide proportion 3.2C ally taller ground -level facades adjacent to public roadways and Monopine design will blend in with surrounding public spaces. Provide floor -to -ceiling heights, or floor -to -floor vegetation from 10 to 16 feet. In mixed-use areas and for structures greater than four stories, design the uppermost story or facade wall plane to include _I N/Ai 3.2D material changes, horizontal articulation, and modulation Unmanned cell tower compound. meeting first story requirements, or include a patio, rooftop garden, penthouse, or strong architectural feature such as a tower element. Incorporate at least one type of the following modulations in the facade plane, including but not limited to projections, recesses, and step backs that articulate wall planes and break up building Unmanned cell tower compound 3.1A mass. Examples include but are not limited to columns with trim or accent materials, change in finished material depths, building overhangs, and inset features and materials such as false windows or fenestration with architectural accents. Qualifying modulation must be at least 6 -inches in depth, be at least 8 -inches in width or height (whichever is narrowest), and occur in total for 20% of overall facade elevation. For buildings Unmanned cell tower compound N/R 3.16 with facades less than 150 -feet, horizontal modulation must occur no less than every 30 -feet. For buildings with facades greater than or equal to 150 -feet, horizontal modulation must occur no less than every 50 -feet. U(A 3.1C Design parking structure facades as site integrated buildings, meeting applicable Manual standards for Architectural Elements Unmanned cell tower compound and Material sections. For at least 30% of applicable facades use any combination of concrete, masonry, stone, or unique variation of color, texture, or material, at least 10 -inches in height, around the base of n �IA 3.2A the building. May alternatively incorporate other architectural features such as ledges, facade reveals, ground level fenestra- tion, raised planters, or landscaping elements within 3 -feet of finished grade. Where building designs incorporate multiple stories, or multiple - X 3 28 floor height equivalents, integrate at least one field or accent `--' color, material, or architectural feature used on lower stories, on the upper stories. Unmanned cell tower facility Monopine design will be an evergreen design I Building designs with multiple stories must provide proportion 3.2C ally taller ground -level facades adjacent to public roadways and Monopine design will blend in with surrounding public spaces. Provide floor -to -ceiling heights, or floor -to -floor vegetation from 10 to 16 feet. In mixed-use areas and for structures greater than four stories, design the uppermost story or facade wall plane to include _I N/Ai 3.2D material changes, horizontal articulation, and modulation Unmanned cell tower compound. meeting first story requirements, or include a patio, rooftop garden, penthouse, or strong architectural feature such as a tower element. For flat roofs, incorporate primary and secondary roof elements Unmanned cell tower facility including but not limited to: multiple material types along para- pets, multiple parapet elevations with at least 1 -foot change in ( ) N/9 3.4A elevation, or modulation of at least 2 -feet in the parapet, such as along entryway overhangs, Qualifying elements must exist for at least 20% the length of applicable facades. May also incorporate secondary roof types, such as hip roofs along overhangs. For sloped roofs, incorporate at least two of any one roof element, including but not limited to: valleys, ridges, or gables. Qualifying E) lJ N/A 3.4B elements in total must exist for at least 20% of applicable facade Unmanned cell tower facility roof area and be visible from the same facade elevation. May also incorporate other roof styles, such as parapet walls over entryway features. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. ,, Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or www.meridiancity.org Use horizontal and/or vertical divisions in wall planes, such as ( N� 3.3A ledges, awnings, recesses, stringcourse, molding, joint lines, Unmanned cell tower compound. or other material types, to frame and accent 30% or more of total fenestration. Average 30% fenestration for applicable first floor facade, unless U/ 3.31) specified elsewhere. May also meet fenestration alternative Unmanned cell tower compound (see 3.3E). Big box and buildings in industrial districts may limit applicable facade area to 30 -feet around public entries. Fenestration Alternative: Incorporate doors and windows for at least 30% of applicable first floor facade, or suggest their inclu- sion using faux treatments that incorporate at least two of the r N/!\ 3.3E following: material changes, reveals in conjunction with color or Unmanned cell tower compound material change, qualifying modulation such as recessed areas, architectural trellis, awnings and canopies over access areas, detached structures such as pergola, or similar architectural features and details. For flat roofs, incorporate primary and secondary roof elements Unmanned cell tower facility including but not limited to: multiple material types along para- pets, multiple parapet elevations with at least 1 -foot change in ( ) N/9 3.4A elevation, or modulation of at least 2 -feet in the parapet, such as along entryway overhangs, Qualifying elements must exist for at least 20% the length of applicable facades. May also incorporate secondary roof types, such as hip roofs along overhangs. For sloped roofs, incorporate at least two of any one roof element, including but not limited to: valleys, ridges, or gables. Qualifying E) lJ N/A 3.4B elements in total must exist for at least 20% of applicable facade Unmanned cell tower facility roof area and be visible from the same facade elevation. May also incorporate other roof styles, such as parapet walls over entryway features. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. ,, Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or www.meridiancity.org Provide variation in roof profile over facade modulation and/ or articulation over facade material/color transitions. Options N/A1 3.4C include, but are not limited to: varying parapet heights; two or Unmanned cell tower facility more roof planes; continuation of facade modulation through, roof lines; dormers; lookouts; overhang eaves; sloped roofs; or cornice work. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural standards Manual. Provide at least three detailing elements that transition facade material changes or integrate pedestrian scale elements, such _ as doorways, windows, or material banding, at the base of the j N/A 4.1A building. Examples include but are not limited to: cornice work Unmanned cell tower compound around primary entries, decorative caps on brick or stone banding, architectural canopies over entries, or decorative lintels above the first floor windows. Provide building overhangs or other projections such as canopies which articulate the building facade and provide temporary relief from inclement weather. At a minimum, an overhang or Unmanned cell tower compound N/A 4.16 projection is required within 20 -feet of all public entryways, must be at least 3 -feet in depth from the point of entry, and be least 6 -feet in length. Entryways with vestibules or other permanent enclosed transition space are exempt. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. Page 17 ARCHITECTURAL STANDARDS DESIGN REVIEW CHECKLIST I NON-RESIDENTIAL r'l COMMERCIAL DISTRICTS ( CONTINUED Provide details that emphasize focal elements such as public' entries, building corners, or public spaces. Examples include but are not limited to: columns, quoin or rustication, canopies 1 N/A 4.1C over entries, lintels, transom windows, or modulation of the roof plane. At least one focal element is required and must be accented with a unique combination of color, texture, materials, or modulation in the wall or roof plane. (� 14.3B All ground level mechanical equipment must be screened to the The height of the wall surrounding the cell tower height of the unit as viewed from the property line. compound is 8 feet tall j N/A 4.3C All rooftop mechanical equipment shall be screened as viewed Unmanned cell tower compound. from the farthest edge of the adjoining right of way. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or www.meridiancity.org Use any combination of standards from Building Form, Architec- N/9 4.2A tural Elements, or Material sections to provide pattern, color, or Unmanned cell tower compound material variation on all wail segments. Must not exceed 30 -feet horizontally or vertically without building variation. Organize building service equipment, including, but not limited to, Celitower compound is in a area of the parking Goat utility, service, and mechanical, away from building entries, roadways, lot as to not disturb the design of the office park 4.30 public spaces, and, where appropriate, from adjacent buildings. currently under! construction. The compound is located further away from any proposed Use and integrate standards from the Architectural Standards buildings in the office park 4.3A Manual to screen and conceal service and mechanical equipment. Solid wall proposed with landscape buffer Landscaping meeting the same intent may also be considered conceals all equipment within the cell tower for utility meters and connections. ,compound. (� 14.3B All ground level mechanical equipment must be screened to the The height of the wall surrounding the cell tower height of the unit as viewed from the property line. compound is 8 feet tall j N/A 4.3C All rooftop mechanical equipment shall be screened as viewed Unmanned cell tower compound. from the farthest edge of the adjoining right of way. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or www.meridiancity.org For buildings with facades that face multiple public roadways N%A 5.1A and/or public spaces, use consistent material combinations, Unmanned cell tower compound material quality, and architectural detailing. For all fagade elevations visible from public roads, public spaces, primary entrance(s) of an adjacent building, and facing residential 5.11 districts, use at least two distinct field materials, colors, or Unmanned cell tower compound material-color combinations on the building facade (see also Material definitions). For facade elevations visible from public roadways and along U O P" SAD primary building entryways, incorporate an accent material Unmanned cell tower compound on the first story. Distinguish field materials from accent materials through pat- ` tern, texture, or additional detail visible from edge of nearest - Unmanned cell tower compound 5.1E -' roadway. Alternate masonry or material courses with relief from primary plane may count toward this. Where materials transition or terminate, provide detailing to Monopine design will resemble a pine tree, LXJ I j U 5.1F express the natural appearance of the material. For example, adding a natural visual appearance. wrap stone or stone-like products around visible corners to convey the appearance of mass, and not as a thin veneer. Non-durable materials, treatments, and finishes that deteriorate The proposed monopine uses a design that can X I structurally accommodate winds, weather 5.1G quickly with weather, ultra-violet light, and that are moresuscep tible to wear and tear are prohibited on permanent structures, occurrences and structural loads of proposed and future equipment The use of vinyl and ordinary smooth face block, unfinished, colored, or painted, are prohibited as a field materials for building 5.1H facades along public roadways, adjacent to public spaces, and Unmanned cell tower compound when visible from residential neighborhoods, Smooth face block may be used as an accent material. Untextured concrete panels and prefabricated steel panels are prohibited as field materials for building facades, except when fJ/A 5.11 Unmanned cell tower compound used with a minimum of two other qualifying field materials and I meeting all other standard fenestration and material requirements. k tiX I ; ) (;U 5.2A I Use of subtle, neutral, or natural tones must be integrated with Evergreen design color proposed. (( at least one accent or field material. 5.213 Use of intensely saturated colors or fluorescence is prohibited Evergreen design color proposed. as a primary material. May be used as an accent material. Note: For a complete list of all Standards, along with photo examples, seethe City of Meridian Architectural Standards Manual. I I 6 » Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or www.meridiancity.org Materials or colors with high reflectance, such as some metals Monopine design is a non -reflective, natural- �X_.� `� i 5.2C or reflective glazing, must not redirect light towards roadways, looking element public spaces, or adjacent uses in a way which constitutes a public nuisance or safety hazard. For commercial and traditional neighborhood districts, roll -up and drive-through doors are allowed when integrated into the N building design, but will -call doors with roll -..ups and loading llt� 5.3A �: - Unmanned cell tower compound. docks are prohibited. Consider material variation and transitions, modulation, and other architectural features and standards for the design. Note: for a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. 1/ 6.1A Lighting fixture spacing and height along streetscapes and roadways must be placed to avoid conflicts with tree plantings. I Unmanned cell tower compound 6.113 Use energy-efficient architectural lighting. Unmanned cell tower compound Use lighting fixtures that are consistent with other decorative hardware on the building. For example, select lighting hardware n CAA 6.1C with similar color and shape as other building hardware, use Unmanned cell tower compound recessed lighting, incorporate uniform spacing, integrate with other accents and reveals, and coordinate specialty lights with predominate architectural features. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or www.meridiancity.org Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or www.meridiancity.org Design Review Narrative Design Review Application for Horizon Tower 'Spanish Sun' Monopine Wireless Communication Facility A Proposal Submitted to the City of Meridian Prepared for: Horizon Tower Verizon Wireless Prepared by: �� POWDER RIVER Development Services, LLC 408 S Eagle Rd, Ste. 200 Eagle, ID 83616 July 17, 2018 Horizon Tower 'Spanish Sun' Monopine Wireless Telecommunications Facility Cert of Zon Zachary Williams €.t NON-RESIDENTIAL STANDARDS ( COMMERCIAL DISTRICTS 7/17/2018 Maintain consistent and contiguous pedestrian environments Proposed cell tower compound will not disturb x < 1.1A across developments. Limit circuitous connections and maintain internal circulation of vehicular and pedestrian clear visibility. traffic. NV� I (J I i✓ 11.113 I Provide pedestrian connections to non -private public spaces. I Unmanned cell tower compound Incorporate architectural features on all sides of a building facade facing: the primary entrance(s) of an adjacent building, Unmanned cell tower compound IN/A 1.1C public roadways, interior site amenities, and facades that are visible from public spaces. See Architectural Elements, Building Form, and Materials sections. l�1 A I n I I .t D ( Buildings must orient, frame, and/or direct pedestrian views to I Unmanned cell tower compound I I I adjacent cultural buildings, parks, and plazas. Design and orient buildings not to impede access. The build- Internal circulation of proposed parking lot not U U 1.1E ing should enhance the appeal of open space and pedestrian impeded by proposed cell tower facility.; environments Comply and adhere with all previously required building design 'Certificate of Zoning Compliance applied for X 1 2A elements that were included as part of a Development Agree- concurrently with this Design Review ment, Conditional Use Permit, and/or other requirements as Application part of prior approval. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. I E I IA� » Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or www.meridiancity.org Integrate at least one material change, color variation, orUnmanned cell tower facility N/� J 1.3A horizontal reveal for every 12 -vertical feet of building faeade; vertical spacing may be averaged over faeade: Integrate at least one material change, color variation, or vertical Unmanned cell tower facility R0 1.313 reveal every 50 -horizontal feet of building faeade; horizontal spacing may be averaged over faeade elevation. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. Buildings with rooflines 50 -feet in length or greater must incor- porate roofline and parapet variations. Variations may include step-downs, step -backs, other modulation, or architectural RAE) 2.1A features such as cornices, ledges, or columns, and must occur in total combination for at least 20% of the faeade length. May be averaged over entire faeade, but may not exceed 75 -feet without a break. For buildings with faeades longer than 200 -feet, reduce massing of buildings by grouping or incorporating smaller tenant spaces Nr� along the commercial faeade, or by incorporating at least one 2'16 significant modulation with depth at least 3% of the total faeade length or 10 -feet, and a width in combination at least 20% of the faeade length. Unmanned cell tower compound Unmanned cell tower compound Within mixed use areas and for all developments along arterial roadways, buildings over 1,000 sqft must provide a minimum JA U 2.1D 20 -foot building elevation to include average parapet height, Unmanned cell tower compound ridge of a pitched roof, or tower/turret type elements at least 20% in total of overall faeade width. For adjacent buildings with greater than 1 -story height disparity (i.e. — two or more stories difference) and within 30 -feet of each other, integrate and align parapet designs, material changes, Unmanned cell tower compound using a stealth rTIV fenestration alignment, material reveals, or other architectural monopine design 2'2A elements and horizontal articulation, to relate varying building heights to one another. Aligned features do not have to be the same type (i.e. window pattern on one could align with parapet on another). Use pedestrian scale and landscape design elements such as Landscape buffer proposed on the outside � ) , —� 2 28 s ^pecialty lighting, awnings, trees or other site elements to visu walls of the compound will add trees ` ally relate and transition multi -story buildings (or equivalent) to the ground plane. Consistently incorporate at least two (2) architectural features Stealth monopine design is more visually into the building design that are pedestrian scale, to include: attractive than a standard monopine design. IA `0 C___ 2.3A fenestration patterns; architectural elements such as ledges, lighting, or canopies; material or pattern banding; or detailing (see Pedestrian Scale definition). Note: for a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. Note: for a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. ,, Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or www.meridiancity.org For at least 30% of applicable facades use any combination of concrete, masonry, stone, or unique variation of color, texture, or material, at least 10 -inches in height, around the base of gA [�LV 3.2A the building. May alternatively incorporate other architectural Unmanned cell tower facility features such as ledges, facade reveals, ground level fenestra- tion, raised planters, or landscaping elements within 3 -feet of finished grade. Where building designs incorporate multiple stories, or multiple floor height equivalents, integrate at least one field or accent Monopine design will be an evergreen design X l I i ) 3.26 I color, material, or architectural feature used on lower stories, on the upper stories. Building designs with multiple stories must provide proportion - 0 E) 3.2C ally taller ground -level facades adjacentto public roadways and Monopine design will blend in with surrounding public spaces. Provide floor -to -ceiling heights, or floor -to -floor vegetation from 10 to 16 feet. In mixed-use areas and for structures greater than four stories,' design the uppermost story or facade wall plane to include material changes, horizontal articulation, and modulation Unmanned cell tower compound. (N/A E 3.2D meeting first story requirements, or include a patio, rooftop garden, penthouse, or strong architectural feature such as a tower element Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual » Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or www.meridiancity.org Incorporate at least one type of the following modulations in the facade plane, including but not limited to projections, recesses, and step backs that articulate wall planes and break up building Unmanned cell tower compound N/A O 3.1A mass. Examples include but are not limited to columns with trim or accent materials, change in finished material depths, building overhangs, and inset features and materials such as false windows or fenestration with architectural accents. Qualifying modulation must be at least 6 -inches in depth, be at least 8 -inches in width or height (whichever is narrowest), and occur in total for 20% of overall facade elevation. For buildings Unmanned cell tower compound N%A 3.16 with facades less than 150 -feet, horizontal modulation must occur no less than every 30 -feet. For buildings with facades' greater than or equal to 150 -feet, horizontal modulation must occur no less than every 50 -feet. parking structure facades as site integrated buildings, Unmanned cell tower compound LN7jADesign 0 3.1C meeting applicable Manual standards for Architectural Elements and Material sections. For at least 30% of applicable facades use any combination of concrete, masonry, stone, or unique variation of color, texture, or material, at least 10 -inches in height, around the base of gA [�LV 3.2A the building. May alternatively incorporate other architectural Unmanned cell tower facility features such as ledges, facade reveals, ground level fenestra- tion, raised planters, or landscaping elements within 3 -feet of finished grade. Where building designs incorporate multiple stories, or multiple floor height equivalents, integrate at least one field or accent Monopine design will be an evergreen design X l I i ) 3.26 I color, material, or architectural feature used on lower stories, on the upper stories. Building designs with multiple stories must provide proportion - 0 E) 3.2C ally taller ground -level facades adjacentto public roadways and Monopine design will blend in with surrounding public spaces. Provide floor -to -ceiling heights, or floor -to -floor vegetation from 10 to 16 feet. In mixed-use areas and for structures greater than four stories,' design the uppermost story or facade wall plane to include material changes, horizontal articulation, and modulation Unmanned cell tower compound. (N/A E 3.2D meeting first story requirements, or include a patio, rooftop garden, penthouse, or strong architectural feature such as a tower element Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual » Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or www.meridiancity.org For flat roofs, incorporate primary and secondary roof elements Unmanned cell tower facility including but not limited to: multiple material types along para- pets, multiple parapet elevations with at least 1 -foot change in N/A ` 3.4A elevation, or modulation of at least 2 -feet in the parapet, such as along entryway overhangs. Qualifying elements must exist for at least 20% the length of applicable facades. May also incorporate secondary roof types, such as hip roofs along overhangs. For sloped roofs, incorporate at least two of any one roof element, including but not limited to: valleys, ridges, or gables. Qualifying /A 3.48 elements in total must exist for at least 20% of applicable facade Unmanned cell tower facility roof area and be visible from the same facade elevation. May also incorporate other roof styles, such as parapet walls over entryway features. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. » Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or www.meridiancity.org Use horizontal and/or vertical divisions in wall planes, such as 3.3A ledges, awnings, recesses, stringcourse, molding, joint lines, Unmanned cell tower compound. or other material types, to frame and accent 30% or more of total fenestration. ' Average 30% fenestration for applicable first floor facade, unless O 3.3D specified elsewhere. May also meet fenestration alternative Unmanned cell tower compound N/A (see 3.3E). Big box and buildings in industrial districts may limit applicable facade area to 30 -feet around public entries. Fenestration Alternative: Incorporate doors and windows for at least 30% of applicable first floor fagade, or suggest their inclu- sion using faux treatments that incorporate at least two of the N/A ' 3.3E following: material changes, reveals in conjunction with color or Unmanned cell tower compound material change, qualifying modulation such as recessed areas, architectural trellis, awnings and canopies over access areas, detached structures such as pergola, or similar architectural features and details. For flat roofs, incorporate primary and secondary roof elements Unmanned cell tower facility including but not limited to: multiple material types along para- pets, multiple parapet elevations with at least 1 -foot change in N/A ` 3.4A elevation, or modulation of at least 2 -feet in the parapet, such as along entryway overhangs. Qualifying elements must exist for at least 20% the length of applicable facades. May also incorporate secondary roof types, such as hip roofs along overhangs. For sloped roofs, incorporate at least two of any one roof element, including but not limited to: valleys, ridges, or gables. Qualifying /A 3.48 elements in total must exist for at least 20% of applicable facade Unmanned cell tower facility roof area and be visible from the same facade elevation. May also incorporate other roof styles, such as parapet walls over entryway features. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. » Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or www.meridiancity.org Provide variation in roof profile over fagade modulation and/ or articulation over fagade material/color transitions. Options 3.4C include, but are not limited to: varying parapet heights; two or Unmanned cell tower facility more roof planes; continuation of facade modulation through roof lines; dormers; lookouts; overhang eaves; sloped roofs; or cornice work. Note: For a complete list of all Standards, along with photo examples, see the'City of Meridian Architectural Standards Manual. Provide at least three detailing elements that transition fagade material changes or integrate pedestrian scale elements, such as doorways, windows, or material banding, at the base of the W1A '. I 4.1A ` building. Examples include but are not limited to: cornice work Unmanned cell tower compound' around primary entries, decorative caps on brick or stone banding, architectural canopies over entries, or decorative lintels above the first floor windows. Provide building overhangs or other projections such as canopies which articulate the building fagade and provide temporary relief from inclement weather. At a minimum, an overhang or Unmanned cell tower compound N/A n r 4.113 projection is required within 20 -feet of all public entryways, must be at least 3 -feet in depth from the point of entry, and be least 6 -feet in length. Entryways with vestibules or other permanent enclosed transition space are exempt. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. » Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or www.meridiancity.org Provide details that emphasize focal elements such as public entries, building corners, or public spaces. Examples include' but are not limited to: columns, quoin or rustication, canopies N/� 4.1C over entries, lintels, transom windows, or modulation of the Unmanned cell tower compound. roof plane. At least one focal element is required and must be accented with a unique combination of color, texture, materials, or modulation in the wall or roof plane. Use any combination of standards from Building Form,Architec- %A ) 4.2A tura) Elements, or Material sections to provide pattern, color, or Unmanned cell tower compound - material variation on all wall segments. Must not exceed 30 -feet horizontally or vertically without building variation. Use and integrate standards from the Architectural Standards buildings in the office park Manual to screen and conceal service and mechanical equipment. k) Li LJ 4.3A Solid wall proposed with landscape buffer .Landscaping meeting the same intent may also be considered for utility meters and connections. conceals all equipment within the cell tower compound. 4.3B All ground level mechanical equipment must be screened to the The height of the wall surrounding the cell tower height of the unit as viewed from the property line. compound is 8 feet tall All rooftop mechanical equipment shall be screened as viewed Unmanned cell tower com ound. N/A4.3C � ) ' from the farthest edge of the adjoining right of way.) p Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. RUIr. !UI d WHIFIete IDL UI 411 AdIIUdIU31 4IUII6 ❑-] FI—V —Mr—, ... I » Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or www.meridiancity.org For buildings with facades that face multiple public roadways U5.1A and/or public spaces, use consistent material combinations, Unmanned cell tower compound material quality, and architectural detailing. For all facade elevations visible from public roads, public spaces, primary entrance(s) of an adjacent building, and facing residential N% 5.1B districts, use at least two distinct field materials, colors, or Unmanned cell tower compound material -color combinations on the building facade (see also Material definitions). N`% SAD For facade elevations visible from public roadways and along primary building entryways, incorporate an accent material Unmanned cell tower compound on the first story. Distinguish field materials from accent materials through pat- tern, texture, or additional detail visible from edge of nearest ` Unmanned cell tower compound roadway. Alternate masonry or material courses with relief from primary plane may count toward this. Where materials transition or terminate, provide detailing to Monopine design will resemble a pine tree, �Xj U U 5.1F express the natural appearance of the material. For example, adding a natural visual appearance. wrap stone or stone-like products around visible corners to jj convey the appearance of mass, and not as a thin veneer. Non -durable materials, treatments, and finishes that deteriorate The proposed monopine uses a design that can X 5.1G quickly with weather, ultra -violet light, and that are more suscep- structurally accommodate winds, weather occurrences and structural loads of proposed and tible to wear and tear are prohibited on permanent structures. future equipment The use of vinyl and ordinary smooth face block, unfinished, colored, or painted, are prohibited as a field materials for building Nl/Q C 5.1H facades along public roadways, adjacent to public spaces, and Unmanned cell tower compound when visible from residential neighborhoods. Smooth face block may be used as an accent material. I Untextured concrete panels and prefabricated steel panels are NAIrohibited i�l {� 5.11 as field materials for building fa ades, except when p S p Unmanned cell tower compound used with a minimum of two other qualifying field materials and meetingali other standard fenestration and material requirements. fX(, 15.2A Use of subtle, neutral, or natural tones must be integrated with , Evergreen design color proposed. at least one accent or field material. 5 2B Use of intensely saturated colors or fluorescence is prohibited Evergreen design color proposed. -) ( _j LJ as a primary material. May be used as an accent material. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208,884.5533 or www.meridiancity.org Materials or colors with high reflectance, such as some metals Monopine design is a non -reflective, natural - or reflective glazing, must not redirect light towards roadways, looking element (X _� t I 5.2C public spaces, or adjacent uses in away which constitutes a public nuisance or safety hazard. For commercial and traditional neighborhood districts, roll -up and drive-through doors are allowed when integrated` into the N/A 5.3A building design, but will -call doors with roll -ups and loading Unmanned cell tower compound. docks are prohibited. Consider material variation and transitions, modulation, and other architectural features and standards for the design. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual. O �vJ ( 6.1A Lighting fixture spacing and height along streetscapes and roadways must be placed to avoid conflicts with tree plantings. I Unmanned cell tower compound 1( 6.16 Use energy-efficient architectural lighting. Unmanned cell tower compound Use lighting fixtures that are consistent with other decorative hardware on the building. For example, select lighting hardware N/6.1C with similar color and shape as other building hardware, use Unmanned cell tower compound recessed lighting, incorporate uniform spacing, integrate with other accents and reveals, and coordinate specialty lights with predominate architectural features. Note: For a complete list of all Standards, along with photo examples, see the City of Meridian Architectural Standards Manual Last Modified: 02/12/2016. Questions? Contact the Planning Division at 208.884.5533 or www.meridiancity.org