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Application Materials Charlene Way From:clerk@meridiancity.org Sent:Tuesday, October 20, 2020 11:07 AM To:Charlene Way Subject:Development Application Transmittals - Wadsworth Meridian Subdivision PP H-2020-0104 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Development Application Transmittal Link to Project Application: Wadsworth Meridian Subdivision PP H-2020-0104 Hearing Date: November 19, 2020 6:00 pm Assigned Planner: Joseph Dodson To view the City of Meridian Public Records Repository, Click Here The above “Link to Project Application” will provide you with any further information on the project. The City of Meridian is requesting comments and recommendations on the application referenced above. To review the application and project information please click on the application link above. The City of Meridian values transparency and makes a variety of information available to the public online through our public records repository. We request that you submit your comments or recommendations prior to the hearing date specified above. When responding, please reference the file number of the project. If responding by email, please send comments to cityclerk@meridiancity.org. For additional information associated with this application please contact the City of Meridian Planner identified above at 208-884-5533. Thank you, City Clerk’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.888.4433|Email: cityclerk@meridiancity.org To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. 1 Hearing Date: November 19, 2020 PLANNER: Joseph Dodson File No.: H-2020-0104 Project Name: Wadsworth Meridian Subdivision Request: Preliminary plat consisting of five(5)commercial building lots in the C-G zoning district for ownership purposes,by Wadsworth Development. Location: The site is located at 3085 E.Ustick Road,at the southwest corner of S.Eagle Road and E. Ustick Road,in the NE '/4 of the NE '/4 of Section 5,Township 3N., Range IE. Planning Division EI DIA `�T--l HEARING APPLICATION GAHO Type of Review Requested Hearing File number: H-2020-0104 Assigned Planner: Joseph Dodson Related Files: Applicant Information Applicantname: KRISTEN MCNEILL, THE LAND GROUP, INC. Phone: Applicant address: 462 E SHORE DR SUITE 100 Zip: 83616 Email: kmcneill@thelandgroupinc.com Owner name: Phone: Fax: Owner address: Zip: Email: Agent name(e.g.architect,engineer,developer,representative): KR I ST E N MCNEILL Firmname. THE LAND GROUP, INC. Phone: Fax: Address: 462 E SHORE DR SUITE 100 Zip: 83616 Email: kmcneill@thelandgroupinc.com Contact name: Phone: Fax: Contact address: Zip: Email: Subject Property Information Location/street address: 3085 E USTICK RD Assessor's parcel number(s): S 1 1 051 1 0025 Township,range,section: 3N 1 E5 Project Description Project/Application Name: Wadsworth Meridian - PP Description of work: Pre Plat for 5 commercial building lots in the C-G zoning district for ownership purposes. 33 E Broadway Avenue,Suite 102 • Meridian,Idaho 83642 Phone:(208)884-5533 • Facsimile:(208)888-6854 • Website:www.meridaincity.org 1 Application Information APPLICATION TYPES Is this application exempt from fees?: No Preliminary Plat-PP: CHECKED ADDRESS VERIFICATION Address Verification Permit Number: LDAV-2019-0395 TYPE OF USE PROPOSED Commercial: CHECKED PROPERTY INFORMATION General Location: SWC Ustick& Eagle Current Land Use: Vacant Total Acreage: 3.292 Prior Approvals(File Numbers): MDA(H-2019-0082); A-2019-0376 ZONING DISTRICT(S) C-G: CHECKED FLUM DESIGNATION(S) Mixed Use Regional: CHECKED Acreage-Mixed Use Regional: 3.29 +/- PROJECT INFORMATION Landscape Plan Date(MM/DD/YYYY): 1/31/2020 Percentage of Site Devoted to Building: 25 Percentage of Site Devoted to Landscaping: 25 Percentage of Site Devoted to Paving: 50 Who will own and Maintain the Pressurized Irrigation System in this Development: Nampa Meridian Irrigation District Irrigation District: Nampa Meridian Irrigation District Primary Irrigation Source: Nampa Meridian Irrigation District Secondary Irrigation Source: City of Meridian Square Footage of Landscaped Areas to be Irrigated by City Water Connection: 0 Number of Residential Units: 0 In Reclaimed Water Buffer: No PLATS ONLY Number of Building Lots: 5 Number of Common Lots: 0 Total Number of Lots: 5 Minimum Lot Size: 0.39 acres +/- Average Lot Size: .656 acres +/- Area of Plat: 3.29 acres +/- Plat Date(MMIDD/YYYY): 9/28/2020 33 E Broadway Avenue,Suite 102 • Meridian,Idaho 83642 Phone:(208)884-5533 • Facsimile:(208)888-6854 • Website:www.meridaincity.org 2 TIME EXTENSION INFORMATION Number of months extension: 24 APPLICATION DISCLAIMER I have read and accept the above terms: CHECKED Your signature: Kristen McNeill MISC Is new record: No 33 E Broadway Avenue,Suite 102 • Meridian,Idaho 83642 Phone:(208)884-5533 • Facsimile:(208)888-6854 • Website:www.meridaincity.org 3 == = TH E r ! LAND GROUP October 8, 2020 Bill Parsons City of Meridian, Development Services 33 E. Main St Meridian, ID 83642 RE: Wadsworth Meridian Subdivision Preliminary Plat Application Dear Bill: Attached to this letter is an application for a preliminary plat for the above referenced project. The property is located on the southwest corner of Ustick Rd & Eagle Rd. This application includes parcel S1105110025 for a total of 3.292 acres(blue area below).This property is currently in the City of Meridian and is zoned General Commercial C-G.The Future Land Use Map designation is Mixed Use Regional. Preliminary Plat: The proposed Wadsworth Meridian l" _ t;'T' i�• i s << ' Subdivision preliminary plat includes 5 �i � ! commercial lots on 3.292 acres. The - anticipated uses will be consistent with the existing Development Agreement and ; the Meridian UDC. The development is . planned for one phase. E Vehicular access to the development is via ' a shared driveway from Ustick Road and ; cross access via N. Centerpoint Way, and IL. N Cajun Ln. All drive isles within t fhe '!E�i� ' �'� � ter_ . � � � . development will be private. Access has "� �� been approved and meets ACHD requirements. Public utilities are available and adequately sized to support the project. We appreciate the opportunity to formally present this application to the City of Meridian Development Services. As you complete your review, please let me know if we can provide any additional information. I can be reached via email to kmcneill@thelandgroupinc.com or at 208-939-4041. Sincerely, Kristen McNeill Planning Project Coordinator The Land Group, Inc. 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com ADA COUNTY RECORDER Phil McGrane 2020-075456 T } �g (� BOISE IDAHO Pp 2 BONNIE OBERBILLIG 1611912020 02:59 PM Pianeerl �6��rV. PIONEER TITLE COMPANY OF ADA COUNTY $15.00 $91N6 9FYOND 3151 W.Rifleman Street Boise,ID 83704 ELECTRONICALLY RECORDED-DO NOT REMOVE THE COUNTY STAMPED FIRST PAGE AS IT IS NOW INCORPORATED AS PART OF THE ORIGINAL DOCUMENT File No.676213 SRM/JAS WARRANTY DEED For Value Received Robert J. Knudson, Jr as Trustee of The Sun Valley Charitable Remainder Trust,UTA/D July 1,2019 hereinafter referred to as Grantor,does hereby grant,bargain,sell,warrant and convey unto Wadsworth Meridian, LLC,a Utah limited liability company hereinafter referred to as Grantee, whose current address is 166 East 14000 South 4210 Draper, UT 84020 The following described premises,to-wit: See Exhibit A attached hereto and made a part hereof. To HAVE AND TO HOLD the said premises,with their appurtenances unto the said Grantee(s),and Grantees(s)heirs and assigns forever. And the said Grantor(s)does(do)hereby covenant to and with the said Grantee(s), the Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to U.S. Patent reservations, restrictions, dedications, easements, rights of way and agreements, (if any)of record, and current years taxes, levies, and assessments, includes irrigation and utility assessments,(if any) which are not yet due and payable, and that Grantor(s)will warrant and defend the same from all lawful claims whatsoever. Dated: June Ro K e as B S ley a ' ble Remainder Trust,U/A/D July 1,2019 8y. obert .Knudson,J Trustee State of Idaho, County of 0/1 on This record was acknowledged before me on y Robert J.Knudsen,Jr,as Trustee of Sun V llepy Charitable R n T t UI July 1,2019. • MELINDA ORRAY S COMMISSION#128179 C mission Expires: NOTARY PUBLIC STATE OF IDAHO i EXHIBIT A A parcel of land lying in the NE'/of the NE E/,of Section 3,Township 3 North,Range I East,Boise Meridian,Ada County,Idaho,said parcel is also known as Parcel B of Record of Survey No.6418,recorded February 13,2004 as Itstrument No. 104016722,of official records,being more particularly described as follows: COMMENCING at a found brass cap marking the Northeast corner of said Section 5,Township 3 North,Range I East,Boise Meridian,Ada County,Idaho,said brass cap bears North 89039'20"East 2656.46 feet from a set 5/8" iron pin marking the North quarter corner of said Section 5,said brass cap also bears North 00°00'00"West 2611,41 feet(formerly 2611.50 feet)from a found brass cap marking the East quarter corner of said Section 5; Thence South 00°00'00"East 400.00 feet along the East boundary of the said NE%.of the NE %of Section 5 to a point; Thence North,84006'00"West(formerly North 83027'47"West and North 84004' West)51.29 feet to a set 5/8"iron pin lying on the Westerly right-of-way of State Highway 55(Eagle Road),said pin also marking the REAL POINT OF BEGINNING; Thence continuing North 84°06'00"West(formerly North 84004' West)428.70 feet to a set 5/8"iron pin; Thence North 81°54'00"West 24.72 feet to a set 5/8"iron pin; Thence North 01105'59"East(formerly North 1024'39"East 316.81 feet)319.26 feet to a found 5/8"iron pin lying on the Southerly right-of-way of Ustick Road; Thence North 89°39'20"East 452.81 feet along the said Southerly right-of-way of Ustick Road to a set 5/8"iron pin marking the right-of-way Intersection of said Ustick Road and said State Highway 55(Eagle Road); Thence South 0I°14'39"West 369.56 feet along the said Westerly right-of-way of State Highway 55(Eagle Road) to the POINT OF BEGINNING. EXCEPTING THEREFROM a parcel of land being,a portion of that tract of land as described in Warranty Deed Instrument No. 106009522,Ada County Records,said parcel being situated in the NE'/e of the NE'/,of Section 5, Township 3 North,Range 1 East,Boise Meridian,Ada County,Idaho,is more particularly described as follows: COMMENCING at the Northeast corner of said Section 5; Thence along the North line of said section North 89°44'39"West,42.45 feet, Thence leaving said section line South 01°50'34"West,25.00 feet to the Northeast corner of said tract being the POINT OF BEGINNING; Thence continuing along the East line of said tract South 01150'34"West,63.90 feet; Thence leaving said East line Notch 43054'11"West,45.83 feet to a point being 56.00 feet South of the North line of said Section 5; Thence along a line parallel with and 56.00 feet South of said section line North 89°44'39"West, 181.46 feet; Thence leaving said parallel line North 85025'46"West, 180.57 feet; Thence North 88047'15"West,58.01 feet to the West line of said tract; Thence along said West line North 0I04I'54"East, 16.45 feet to a point being 25.00 feet South of the North line of said Section 5; Thence along a line parallel with and 25.00 feet South of said section line South 89044'39"East,452.80 feet to the POINT OF BEGINNING. .��11k i ADA COUNTY RECORDER Phil McGrane 2020-075457 BOISE IDAHO Pgs=36 BONNIE OBERBILLIG 06/19/2020 02:59 PM PIONEER TITLE COMPANY OF ADA COUNTY S115.00 WHEN RECORDED RETURN TO: c/o Wadsworth Development Group, LLC Attn.: Legal Department 166 E. 14000 S.,Suite 210 Draper, Utah 84020 For Information Only:Assessor Parcel No.S 1105110025 (Space above this line for Recorder's use) DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS FOR EAGLE LANDING SHOPPING CENTER r Dated: , 2020. TABLE OF CONTENTS Pa Ile 1. DEFINITIONS.....................................................................................................................I 1.1 Budget......................................................................................................................I 1.2 Building. ....... ..........................................................................................................2 1.3 Building Area...........................................................................................................2 1.4 Common Area..................................................... ............................................ .....2 1.5 Common Expense....................................................................................................2 1.6 Construction.............................................................................................................2 1.7 Declarants ........................................................................ ............... .......2 .. ......... .. 1.8 Development Agreement.........................................................................................2 1.9 Ground Leased Portion............................................................................................2 1.10 Ground Lessee.........................................................................................................3 1.11 Hazardous Materials................................................................................................3 1.12 Improvements..........................................................................................................3 1.13 Laws.........................................................................................................................3 1.14 Lease................._............................................................................... ......................3 1.15 Lot.. . ................................................................ .....................................................3 1.16 Management Agreement.................................................................................I........3 1.17 Intentionally Omitted...............................................................................................3 I.18 Management Fee......................................................................................................3 1.19 Manager...................................................................................................................3 1.20 Occupant.............................. .............................................._....................................3 1.21 Outdoor Ground Leased Portion..............................................................................4 1.22 Outdoor Occupant Improvements.................. ........................................................4 1.23 Owner.................................................................................................................. ...4 1.24 Parcel........................................................................................................................4 1.25 Pro Rata Share..........................................................................................................4 1.26 Project Sign..............................................................................................................4 1.27 Shopping Center Parties...........................................................................................4 1.28 Signs.........................................................................................................................4 1.29 Site Plan............................................................................................................... ...4 1.30 Subdivision Plat.......................................................................................................4 1.31 Utilities.....................................................................................................................5 2. IMPROVEMENT OF PROPERTY.....................................................................................5 2.1 Approval of Improvements......................................................................................5 2.2 Construction.............................................................................................................5 2.3 Construction Standards............................................................................................6 2.4 Liens.........................................................................................................................6 2.5 Maintenance of Parcels............................................................................................6 3. USE......................................................................................................................................6 3.1 Generally..................................................................................................................6 3.2 Specific Use Restrictions.........................................................................................7 3.3 Prohibited Uses...................... . ... ..........................................................................7 3.4 Drive-Thru Approval...............................................................................................8 i 3.5 Common Area Use...................................................................................................8 3.6 Parking.....................................................................................................................9 3.7 Employee Parking....................................................................................................9 3.8 Lighting....................................................................................................................9 3.9 Owner's Parcel.......................................................................................................10 4. COMMON AREA MAINTENANCE........................... ...................................................10 4.1 Manager.................................................................................................................10 4.2 Maintenance of Common Area..............................................................................10 4.3 Excluded Maintenance Areas.............. .................................................................10 4.4 Specific Maintenance Items.......................................... ........................................11 4.5 Excluded Costs..,............... ...................................................................................12 4.6 Budget....................................................................................................................12 4.7 Specific Budget Categories....................................................................................13 4.8 Payment of Each Owner's Share of the Budget.....................................................13 4.9 Annual Reconciliation ...........................................................................................13 4.10 Books and Records; Audit.....................................................................................13 4.11 Change of Manager.......................................•........................................................13 4.12 Management Fee.,............................ .....................................................................13 5. EASEMENTS...................................................................................................................13 5.1 Ingress, Egress and Parking...................................................................................14 5.2 Utility Systems.......................................................................................................I4 5.3 Provisions Applicable to Easements......................................................................14 5.4 Fire Access................................. ..........................................................................15 5.5 Building Encroachments........................................................................................15 5.6 Emergency Exits....................................................................................................16 5.7 Restoration.............................................................................................................16 6. SIGNS.............................................................. .................................................................16 6.1 Generally................................................................................................................16 6.2 Building Signs........................................................................................................17 6.3 Pylon/Monument Signs..........................................................................................17 6.4 Purpose of Signs....................................................................................................18 7. INDEMNIFICATION AND INSURANCE......................................................................18 7.1 Indemnification......................................................................................................18 7.2 Liability Insurance Coverage and Limits...............................................................I S 7.3 Contractor's Insurance...........................................................................................18 7.4 Waiver of Certain Rights.......................................................................................19 7.5 Policy Requirements................. ............................................................................19 7.6 Performance of Indemnity Agreements.................................................................19 8. DAMAGE OR DESTRUCTION.......................................................................................20 9. EMINENT DOMAIN........................................................................................................20 9.1 Owner's Right to Award........................................................................................20 9.2 Collateral Claims ...................................................................................................21 9.3 Occupant Claims....................................................................................................21 9.4 Restoration of Common Area................................................................................21 ii 9.5 Restoration of Improvements.................................................................................21 10. TAXES.................. . .......................................................................................................21 11. ENVIRONMENTAL LIABILITIES........................... . .................................................22 12. DEFAULT.........................................................................................................................22 12.1 Right to Cure; Past Due Sums...............................................................................22 12.2 Injunctive Relief................. ...................................................................................24 12.3 Breach Shall Not Permit Termination....................................................................24 12.4 No Limitation of Remedies....................................................................................24 13. NOTICES...........................................................................................................................24 14. ATTORNEYS' FEES........................................................................................................25 15. DURATION............................................................... ............................... .......................25 16. MODIFICATION..............................................................................................................25 17. GENERAL PROVISIONS................................................................................................25 17.1 Accuracy of Recitals..........................................................----............................25 17.2 Not a Public Dedication.........................................................................................25 17.3 Severability............................................................................................................26 17.4 Pronouns................................................................................................................26 17.5 Captions............................................................................................................ ....26 17.6 No Partnership.......................................................................................................26 17.7 Governing Law......................................................................................................26 17.8 No Presumption.....................................................................................................26 17.9 Run With Land......................................................................................................26 17.10 Estoppel Certificate................................................................................................26 17.11 Contractual Obligations.........................................................................................27 17.12 Force Majeure........................................................................................................27 17.13 Consent and Approvals..........................................................................................27 17.15 Successors and Assigns.......................................,..................................................28 iii DECLARATION OF QUINANTS,COND 10NS AND RELTIUCTIQNS AND C 4RANT OF EASE NTS FOR EAGLE LANDING-SHOPPING CENTER THIS DECLARATION OF COVENANTS,CONDITIONS,AND RESTRICTIONS AND GRANT OF EASEMENTS FOR EAGLE LANDING SHOPPING CENTER(the"Declaration") is made as of the / day of .� , 2020 (the 4%f etive Date") by Wadsworth Meridian, LLC, a Utah limited lia6ility company, and/or its assigns C Wadsworth," or, sometimes,the"Declarant") in contemplation of the following facts and circumstances: A. Wadsworth is the owner of certain real property in the City of Meridian (the "City"), County of Ada, State of Idaho, as more particularly described on Exhibit A (the "Shopping Center") and depicted on the current site plan for the Shopping Center on Exhibit B (the"Site Plan'), both attached hereto and incorporated herein by this reference. B. The Declarant intends to develop and operate the Shopping Center as a commercial retail shopping complex, and as a framework for such development, the Declarant wishes to impose certain easements upon the Shopping Center, and to establish certain covenants, conditions, and restrictions with respect to the Shopping Center, for the mutual and reciprocal benefit and complement of the Shopping Center and the present and future owner and occupants thereof, on the terms and conditions hereinafter set forth. NOW, THEREFORE, for and in consideration of the foregoing, and the terms and conditions set forth herein, and other good and valuable consideration, the Declarant hereby declares, adopts, establishes and imposes the following easements, covenants, conditions, and restrictions which shall be applicable to the Shopping Center, and hereby declares that the Shopping Center shall be held, transferred, improved, sold and conveyed subject to the following covenants,conditions,restrictions and easements,which are for the purpose of protecting the value and desirability of the Shopping Center, and which shall run with the land and shall be binding upon, and inure to the benefit of,all the Parcels (defined below)comprising the Shopping Center and all parties having rights, title or interest in or to the Shopping Center or any part thereof, and their heirs, successors, and assigns. By accepting the transfer or conveyance of title to, or any leasehold interest in,any Parcel within the Shopping Center,such transferee accepts and agrees to the terms and conditions of this Declaration and shall have a privity relationship with the Declarants under this Declaration. 1. QE)�'INTI'10)ri'S. 1.1. Bndeet, "Budget" means the budget for each calendar year for project Common Expenses to be prepared and distributed to Owners and Occupants as set forth in this Declaration. Depending on the date Common Expenses shall be first incurred, the initial Budget may be for a partial calendar year. 1 1.2. Buildine. "Building" means any structure constructed in the Shopping Center intended for occupancy and use of customers of the Shopping Center, excluding Outdoor Occupant Improvements. 1.3. Buildin,Arca. "Building Area" means the specific areas of the Shopping Center within which Buildings may be constructed, placed, or located. Building Areas are designated on the Site Plan by the building limit lines shown thereon. 1.4. EMMon Area. "Common Area" means all portions of the Shopping Center not shown as a Building on the Site Plan, including all parking areas, drainage facilities, detention/retention basins, and all Improvements located on any portion of the Common Area, 1.5. Common Expense. "Common Expense" means any and all costs and expenses incurred in the ownership, operation and maintenance, including refurbishment, of the Common Area and improvements located thereon but excepting Outdoor Occupant Improvements. 1.6. Canst7ruc ' . "Construction"means the following,without limitation: (a) the initial construction,renovation,remodeling,installation,erection or expansion of any Building, structure, Signs or other Improvements, including utility facilities; (b) the demolition or destruction,by voluntary action,of any Building,structure or other Improvements;(c)the grading, excavation, filling or similar disturbance to the surface of the land including, without limitation, change of grade, change of ground level, change of drainage pattern; (d) landscaping, planting, clearing or removing of trees, shrubs, grass or plants; (e) the construction, installation, erection, placement or expansion of any temporary or other nonpermanent structure,improvement or facility such as, without limitation, any tent, shed, trailer, or outdoor storage area or facility; and (f) any change or alteration of any previously approved Improvement to property including any change of exterior appearance,color or texture. 1.7. Peclairanl(g). The terms "Declarant" and"Declarants"shall each have the definition given it in the first paragraph of this Declaration, provided that upon any sale, conveyance or transfer of a Declarant's entire property within the Shopping Center, the rights and obligations of the transferring Declarant under this Declaration shall terminate (subject to any provision to the contrary herein)and the new owner of such property shall become a Declarant. If a Declarant transfers only a portion of such property, such Declarant remains a Declarant, and a purchaser of a portion of a Declarant's property does not become a Declarant. Provided, at such time that Wadsworth no longer owns any property within the Shopping Center, then the Owner which owns,on a land square footage basis,the largest amount of property in the Shopping Center, shall automatically become the Declarant hereunder. 1.8. Develo men# A reentenL "Development Agreement" shall mean the Development Agreement, if any, between the Declarant and the City as amended from time to time,regarding development of the Shopping Center property as recorded at the Salt Lake County Recorder's Office. 1.9. Ground I& ed Portion. "Ground Leased Portion"means any portion of the Shopping Center subject to a ground lease. 2 i 1.10. Ground,Lessee. "Ground Lessee" means any person or entity who has entered into a ground lease agreement with an Owner for any portion of the Shopping Center. 1.11. Hazardous Materials. `Hazardous Materials" means any substance or material which is defined as or included in the definition of"hazardous substances", "hazardous wastes", "hazardous materials", "extremely hazardous waste", "acutely hazardous waste's", "restricted hazardous waste", "toxic substances", or "known to cause cancer or reproductive toxicity" (or words of similar import), petroleum products (including crude oil or any fraction thereof) or any other chemical, substance or material which is prohibited, limited or regulated under any federal,state or local law,ordinance,regulation,order,permit,license,decree, common law, or treaty now or hereafter in force regulating, relating to or imposing liability or standards concerning materials or substances known or suspected to be toxic or hazardous to health and safety,the environment or natural resources("Environmental Law"). 1.12. ins roveme ts. "Improvements" means any and all Buildings, asphalt paving, parking areas, driveways, entries, curb, gutter, sidewalks, Signs, Project Signs, Outdoor Occupant Improvements, storm water detention facilities, utility lines of all descriptions and all other improvements constructed or installed in the Shopping Center, 1.13. Laws. "Laws" means all applicable federal, state and local (whether city, City, county or otherwise) laws, rules, ordinances, codes and regulations of every governmental body having jurisdiction over the Shopping Center, including Environmental Law. 1.14. Lease. "Lease"means any lease,sublease, ground lease, rental agreement, license, concession or other arrangement or agreement, however denominated, which grants a party the right to occupy a Building or a portion of a Building located in the Shopping Center,or any Ground Leased Portion. 1.15. Lot. "Lot" means a specifically described portion of the land comprising the Shopping Center which constitutes a legal parcel as shown on the Subdivision Plat. The designation of a Lot by a number shall refer to the Lot numbers set forth on the Subdivision Plat. 1.I6. Management,Agreement "Management Agreement" shall have the meaning given to it in Section 4.1 below. 1.17. IntentionalLy Omitted. 1.18. Mane%e_me_nt Fee. "Management Fee" shall have the meaning given to it in Section 4.12 below. 1.19. Manager. "Manager" means the party selected by the Declarant pursuant to Section 4.1 and who is responsible for the maintenance and operation of the Common Area as provided in this Declaration. 1.20. Pecupant. "Occupant"means any person,corporation,partnership, limited liability company or any other entity,public or private,that is entitled from time to time to occupy any portion of the Shopping Center,whether as an Owner,tenant, lessee,Ground Lessee, licensee, 3 i invitee or other status, and whether under an ownership right, Lease, sublease, rental agreement, license, easement, concession or other arrangement or agreement, however denominated. 1.21. Outdoor Ground Leased Portions "Outdoor Ground Leased Portion" means a Ground Leased Portion excluding any Building located on such Ground Leased Portion. 1.22. OutdWr__Oeeypstnt Improvements. "Outdoor Occupant Improvements" means any improvements constructed or located in the Shopping Center used exclusively by the patrons,customers or invitees of an Occupant of Building,such as service facilities or any drive- up or drive-through customer service facilities. Service facilities shall include, by way of illustration and not of limitation,dock and loading areas; dumpster enclosures; trash compactors and related facilities (excluding "Trash Receptacle(s) (as defined below)); cart collection enclosures; customer pick-up, ATM, teller window or other service areas and the accompanying driveways to access such facilities;canopies;patios;sitting or eating areas;and other such facilities located adjacent to or used in connection with a specific Building. All such facilities shall be deemed to be part of the premises occupied pursuant to the Lease applicable to the Building. 1.23. Owner. "Owner"means any person or entity then having a fee record title ownership interest to a Parcel in the Shopping Center and applies to each Declarant. 1.24. Parcel. "Parcel" means each legal Lot within the Shopping Center, as depicted on the copy of the Subdivision Plat. 1.25. Pro Rata Share. "Pro Rata Share" means an Owner's share of Common Expenses which shall be a fraction,the numerator of which is the square footage of each Building on an Owner's Parcel, and the denominator of which is the total square footage of the Buildings within the Shopping Center, or any such other method as determined by Manager in its sole and reasonable discretion. 1,26. Project Sign. "Project Sign"means any and all pylon or monument sign(s) placed or constructed within the Shopping Center which advertise(s) either the Shopping Center generally or multiple Occupants of Buildings in the Shopping Center. 1.27. Sh2gpx7pe Q r ies. "Shopping Center Parties" means the customers, invitees, licensees,contractors,agents and employees of an Owner or Occupant. 1.28. Signs. "Signs" means any pylon, monument or exterior building sign placed or constructed within the Shopping Center or upon any Building within the Shopping Center and any signs visible through any window or otherwise from the exterior of any Building. 1.29. Site Plan. "Site Plan" means the general depiction of the improvements which are to be constructed upon the real property described on Exhibit A and which shall be the Shopping Center. The Site Plan attached as Exhibit B shall be a current general depiction of improvements for general identification and administration of the Shopping Center, as amended from time to time by Declarant pursuant to Section 16. 1,30. Subdivision la "Subdivision Plat" means the subdivision plat for Shopping Center, as same shall be recorded in the official records of the Ada County Recorder's 4 i Office for the State of Idaho. Notwithstanding the foregoing, a copy of the final proposed Subdivision Plat is attached as Exhibit C attached hereto and incorporated herein by this reference. 1.31. Trash RecentscleW. "Trash Receptacle(s)" means any trash receptacle structure constructed and/or placed in the Shopping Center intended and/or designated by Declarant for the non-exclusive use by the Occupants of the Shopping Center, excluding Outdoor Occupant Improvements. 1.32. Utilities. "Utilities"shall include without limitation, gas, electricity, storm and sanitary sewer,domestic water,fire sprinkler services, irrigation water and telephone services. 2. MPROYEMEN'T U PROPERTY. 2.1. Aggroyall of Im2rovements. Except as shown on the attached Site Plan, no Improvements may be constructed within the Shopping Center without the prior review and written approval of the Declarant. If any Owner desires to construct or place any Improvements within the Shopping Center, such Owner shall provide preliminary plans and exterior elevations for such Improvements and a site plan showing the location of such Improvements to the Declarant for review and approval. All Buildings in the Shopping Center shall be designed so that the exterior elevation of each Building will be architecturally and aesthetically compatible with the others, including the height, color, materials, design and architectural theme (including Signs located thereon) as reasonably determined by the Declarant. In addition, the Declarant shall approve the location, footprint, and height of any Buildings and other Improvements constructed within the Shopping Center, which approval shall be subject to the Declarant's sole and absolute discretion. Except to the extent expressly provided otherwise in a Lease or other separate written agreement with any Occupant, Exterior Signs or Signs within a Building which are visible from the exterior of such Building, shall be subject to the review and approval of the Declarant, which approval shall not be unreasonably withheld or delayed, and which shall include, without limitation, review and approval of the size, design, materials, color, location, duration of time to be displayed, and copy of text of Signs. Any Signs within a Building which are not visible from the exterior of such Building shall not require the approval of the Declarant. The Owner of the Parcel upon which a Building and/or Outdoor Occupant Improvements are to be constructed,shall pay or cause to be paid, any and all costs and expenses incurred in the design, permitting, entitlement, and construction of such Building and/or Outdoor Occupant Improvements. 2.2. Cons-truetiiaa. All Construction must be diligently prosecuted to completion,shall be performed in a workmanlike manner and in accordance with the requirements of all governmental authorities having jurisdiction over such work and shall be performed in a manner that does not unreasonably interfere with the operations of any business within the Shopping Center. As applicable, staging of Construction, including on-site trailers, shall be accomplished in a manner an in those areas within the Shopping Center as specifically identified by Declarant and as otherwise specifically provided herein. If an Owner or an Occupant commences Construction or exterior remodeling of a Building within the Shopping Center, but such Construction or exterior remodeling ceases prior to the completion of the Building for a period exceeding thirty (30)days, the Manager may take such action as it reasonably determines to be in the best interest of the Shopping Center and its customers, including the construction of a barricade around such Building; provided that the Manager shall follow any reasonable action 5 directed by a Declarant upon whose Parcel the Building is located. Upon completion of any such work by the Manager, the Owner upon whose Parcel the Building is located shall reimburse the Manager upon demand for all amounts expended in connection with such work. in the event such Owner fails to so reimburse the Manager,the Manager shall have the lien and other rights set forth in Section 12. 2.3. Construction Standards. All other Buildings constructed in the Shopping Center shall be constructed to comply with all governmental requirements which arise by reason of such use of the Buildings to be constructed. 2.4. Liens. No Owner or Occupant shall permit a mechanic's or materialmen's lien to be filed against any Parcel or any portion thereof in the Shopping Center as a result of work performed on,or materials provided to,any other Parcel in the Shopping Center. In the event any such liens are filed against any such Parcel or portion thereof, the Owner of the Parcel on which such work was performed or for which such materials were provided shall immediately take the necessary steps to have such lien released. In the event the Owner of the Parcel for which such work was performed or for which such materials were provided fails to so remove or release such lien against the other Owner's Parcel, and the Owner of the Parcel against which the lien is filed incurs any expenses, damages or costs, including attorneys' fees, in connection with or relating to releasing such lien,the Owner of the Parcel for which such work was performed or for which such materials were provided shall promptly reimburse all such costs, fees and expenses. Failure to reimburse such costs, fees and expenses shall provide the Owner to be reimbursed with the lien and other rights set forth in Section 12. 2.5. Maintenance of Parcels. The Declarant may develop and construct the Shopping Center in phases. After the initial construction of the parking area and drive aisles servicing the Shopping Center, all portions of each Parcel shall be free of weeds,dust and debris, and otherwise adequately maintained. Unless performed by the Manager pursuant to Section 4, each Owner shall maintain and repair, or shall cause to be maintained and repaired, their own Parcels (including the Common Area located thereon) in a first class condition and shall keep, or cause the same to be kept, in good condition and repair. Each Owner shall be responsible for the Construction, maintenance and/or repair of any Buildings located on such Owner's Parcel, and costs and expenses related to such Construction, maintenance and/or repair shall be the sole cost and expense of such Owner. Costs and expenses incurred in the maintenance and repair of Improvements which constitute Common Area(excepting Outdoor Occupant Improvements)shall be allocated among all Owners pursuant to Section 4. 3. USE. 3.1. Generally. The Shopping Center is to be used only as a commercial shopping center, including retail businesses for the sale of merchandise, the preparation of food for on-site and off-site consumption, general business, medical or other office uses, delivery or performance of services to customers as permitted by this Declaration, applicable zoning requirements and such other uses permitted by Laws applicable to the Shopping Center. It is provided, however, that the Shopping Center shall not be used for the Construction of Buildings and other Improvements which are in violation of the restrictions set forth in Section 3.2. Each Parcel shall be used only for lawful purposes and in conformance with all Laws, including,without 6 limitation, zoning and land use laws and ordinances, parking ratios, use, building height and setback requirements, landscaping, etc. No Parcel shall be used in any manner so as to constitute a nuisance, and no Owner of any Parcel shall permit the accumulation of unsightly trash or debris. The Manager shall have the right from time to time to post and promulgate reasonable rules and regulations for the Shopping Center,which shall be uniformly enforced against all the Owners and Occupants. The obligations set forth above shall be a restriction running with the land and shall not be affected by the status of any Owner that would otherwise exempt such Owner from complying with any municipal Laws. 3.2. intentivnally Omitted. 3.3 Prohibited Uses. No use shall be permitted in the Shopping Center which is inconsistent with the operation of first-class mixed use development. Without limiting the generality of the foregoing, the following uses shall not be permitted: (i) An operation primarily used as a storage warehouse operation and any assembling, manufacturing, distilling, refining, smelting, agricultural or mining operation. (ii) Any mobile home park, trailer court, labor camp,junkyard, or stockyard; provided, however, this prohibition shall not be applicable to the temporary use of construction trailers during periods of construction,reconstruction or maintenance. (iii) Any dumping, disposing, incineration or reduction of garbage; provided, however, this prohibition shall not be applicable to garbage compactors located near the rear of any Building. (iv) Any fire sale, bankruptcy sale (unless pursuant to a court order)or auction house operation. (v) Any bowling alley or skating rink. (vi) INTENTIONALLY OMITTED. (vii) Any mortuary or funeral home. (viii) Any establishment selling or exhibiting pornographic materials or which sells drug-related paraphernalia or which exhibits either live or by other means to any degree, nude or partially clothed dancers or wait staff or similar establishments. (ix) Any flea market,and (x) Any gambling facility or operation,including but not limited to: off-track or sports betting parlor; table games such as blackjack or poker; slot 7 i machines, video poker/blackjack/keno machines or similar devices; or bingo hall. Notwithstanding the foregoing, this prohibition shall not be applicable to government sponsored gambling activities or charitable gambling activities,so long as such activities. 3.4. Drive-Three ApDMyal. A restaurant or other Building utilizing a vehicular drive-up or drive-through for customer service shall be located in the Shopping Center only in locations designated on the Site Plan or as otherwise approved by the Declarants, which approval shall not be unreasonably withheld,as to the location,parking and drive lanes of such facility_ The review of drive-up and drive-through facilities by the Declarant is not intended to prohibit drive- up and drive-through facilities, but is intended to insure that the location, layout and stacking for such drive-up and drive-through facilities does not negatively affect the access, driveways, circulation and parking for the Shopping Center. 3.5. Common Area Use. The Common Area shall be used for pedestrian and vehicular access and ingress to, circulation and traffic and parking within; and egress from the Shopping Center by Owners, Occupants and their respective Shopping Center Parties solely for and in relation to the commercial purposes of the Owners and business Occupants of the Buildings, including the servicing and supplying of such businesses. In addition, the Common Area may be used: (i) on a temporary basis as a staging area in connection with the Construction and repair of any Buildings and/or Common Area in the Shopping Center so long as such use does not occupy more area than is reasonably required nor unreasonably restrict access to and from or the conduct of business within the Buildings in the Shopping Center or access to and from the adjacent streets; (ii) in connection with the construction, maintenance and repair of Utility Systems (defined in Section 5.2 below), so long as such activity is undertaken in strict compliance with the requirements of Section 5.2; and (iii) for any other use required by Law. The parking portion of the Common Area shall be available for use by all Owners, Occupants, and their respective Shopping Center Parties and no person shall otherwise limit the use or availability of such portion for use,or the access to or from such portion,by such users except as permitted by this Declaration. No person other than Owners, Occupants and their respective Shopping Center Parties shall be permitted to use and/or park in the Common Area. Without the written permission of each Declarant, Owner and Occupant of all Buildings, no person, Owner, or Occupant may use the Common Area for(i) any purpose not related to or in furtherance of the commercial purposes of the Owners or business Occupants of the Buildings, including, without limitation, "park and ride" use or the like;(ii)advertising any business not part of the Shopping Center(other than advertising which is incidental to the permitted use of the Common Area by Owners, Occupants and their respective Shopping Center Parties), including, without limitation, parking a vehicle on the Common Area repeatedly, overnight, or for an extended period of time with the primary purpose of advertising a business not part of the Shopping Center; or(i)conducting business from a kiosk or vehicle, including,without limitation,a"food truck". Except as specifically provided otherwise in this Declaration, no Building or structure may be placed, erected or constructed within the Common Area. No Owner or Occupant shall construct any fence or other barrier along any property line or otherwise impede or restrict the flow of pedestrian and vehicular traffic through the Common Area. Such restriction shall not be applicable to landscape islands and other traffic control devices shown on the Site Plan. Each Declarant, and each Owner with the approval of each Declarant and subject to the modification terms of Section 16, shall have the right to reconfigure the Common Area located on its property,provided however,any such reconfiguration 8 must be made pursuant to a modified Site Plan approved by the City in accordance with applicable City haws and the Development Agreement. The Manager shall have the right to permit specific and/or exclusive uses of the Common Area for the benefit of one or more tenants or as required by law. 3.6. Parking. The number of parking spaces and the drive aisles maintained on each Parcel and the size and configuration thereof shall be as depicted on the Site Plan and approved by the Declarant, and shall at all times maintain the minimum numberofparking spaces required by City Laws and the Development Agreement for the Shopping Center. Any change to the parking configuration or the drive aisles in the Shopping Center shall require the prior written approval of the Declarant,and evidence from the Owner seeking the change that either(i)the City has approved or will approve such change, including any resulting or associated changes to landscaping or site-related improvements;or(ii)the change complies with all applicable City Laws and the Development Agreement. No such approval shall be deemed granted unless evidenced by an amendment to this Declaration, which amendment shall be duly recorded in the official records of Ada County, Idaho. Such amendment shall attach and incorporate an amended Site Plan approved by the City showing the reconfiguration of the parking spaces or drive aisles, as the case may be. The Declarant may withhold their approval of the reconfiguration of parking or drive aisles for any reason or for no reason in its sole, subjective discretion. There shall be no charge or other validation for parking in the Common Area. The Manager, in its discretion, may authorize the designation of a limited number of parking stalls adjacent to a Building for use by designated customers such as those picking up take-out orders or expectant mothers. No private agreements or arrangements shall be entered into or made by Declarant, Owners and/or Occupants,and their agents, successors or assigns, which would encumber or restrict available parking for any given Parcel or the Shopping Center to less than the minimum number of parking spaces required by applicable City Laws and the Development Agreement. 3.7. Eml2loec Parking. Specific areas within the Common Area of the Shopping Center to be used for motor vehicle parking purposes by employees of Occupants of the Shopping Center may be designated from time to time by the Manager. In the event employee parking areas are designated as provided herein, employees of any Owner or Occupant of any Building in the Shopping Center shall use only those portions of the Common Area so designated for such employee motor vehicle parking purposes. The authority herein granted shall be exercised in such manner as not to discriminate against any Owner or Occupant in the Shopping Center, 3.8. Lighting Subject to applicable Law, artificial lighting for the Common Area and any Outdoor Ground Leased Portion shall remain on during all hours of darkness while a majority of the businesses in the Shopping Center are open for business. The costs and expenses of such lighting for the Common Area (the "Common Area Lighting Expense"), including the cost of maintenance and replacement of light fixtures and related equipment, shall be included as a Common Expense, and the costs and expenses of such lighting for any Outdoor Ground Leased Portion shall be borne by the applicable Ground Lessee. All Occupants shall be responsible to ensure that security lights or other lighting required by governmental authority remain ilium inated as desired by each Occupant or as required by applicable governmental requirement, if any. 3.9. T31h e e #ae a.W Each Owner, as grantor with respect to its Parcel, hereby grants to each other Owner,as grantee, for the benefit of each such grantee Owner and its 9 i Parcel, without the necessity for further documentation, a non-exclusive easement appurtenant to the Parcel owned by the grantee Owner, through and across the Parcel owned by the grantor Owner, for the purposes of ingress and egress to and from, and for the use of, each Trash Receptacle located on the grantor Owner's Parcel.Provided, by its use ofa Trash Receptacle,such grantee Owner agrees to deposit all rubbish,garbage and/or refuse of any kind entirely within the Trash Receptacle, to keep the surrounding area in a clean and sightly condition, and to not unreasonably interfere with the grantor Owner's use of its Parcel. 3.10. Owner's Parcel. The Owner of each Parcel shall use and cause the Common Area on its Parcel to be used exclusively for the uses specified herein and in such manner as will not unreasonably interfere with the primary purpose of the Common Area, which is to provide for parking and access for the Owners, Occupants, and their respective Shopping Center Parties, and for the servicing and supplying of such businesses. There shall be no sale or display of merchandise of any kind in any portion of the Common Area, any Outdoor Ground Leased Portion, or on any sidewalk adjacent to any Building without the prior written consent of the Manager, which may be granted or withheld in the Manager's sole and subjective discretion. 4. COMMON AREA MAIN];ENANCE, 4.1. Manager. The Shopping Center shall be managed by a Manager jointly selected by the Declarant. The terms and conditions for the service of the Manager and the compensation to be paid to the Manager shall be set forth in a written agreement between the Manager and the Declarant (the "Management Agreement"). Except for matters specifically set forth in a Lease, the Manager shall have the right to direct the use and occupancy of the Shopping Center. 4.2. P 4aintenagee of Common Area. The Manager shall maintain, operate, repair and replace or cause to be maintained, operated, repaired and replaced, the Common Area (subject to Section 4.3)in good order in an economical and efficient manner,consistent with good shopping center management practices prevailing in the metropolitan area where the Shopping Center is located for retail shopping centers of similar age and character, and in full compliance with all applicable Laws. Notwithstanding anything to the contrary herein, any Owners or Occupants granted a specific and/or exclusive use of a portion of the Common Area by the Manager pursuant to Section 3.4 shall keep such portion in clean and orderly condition free of all refuse. The Manager shall use commercially reasonable efforts to operate and maintain the Common Area in accordance with the final approved Budget. Such maintenance obligations shall be performed at the Manager's expense but shall be a Common Expense and subject to reimbursement as set forth in this Section 4. 4.3. Excluded Maintenance Areas. Maintenance responsibilities of the Manager shall not include the maintenance or insurance of Outdoor Occupant Improvements or any Ground Leased Portion(unless and except to the extent provided otherwise in a Lease between Declarants and a Ground Lessee), and each Owner of a Parcel containing Outdoor Occupant Improvements or constituting a Ground Leased Portion shall be responsible to maintain and insure such facilities in good and clean condition and repair and in a quality and condition comparable to the quality and condition of the maintenance of the Common Area required by this Section 4. 10 i 4.4. S i#Ee Maintenance Items. Maintenance of the Common Area shall include, by way of illustration and not of limitation, the items listed in this Section below. Any and all costs and expenses which shall be incurred in the operation and maintenance of the Common Area, including the items listed below, shall be a Common Expense(unless and except to the extent provided otherwise in a Lease between Declarant and any Occupant). Notwithstanding anything to the contrary herein, maintenance of the Common Area by the Manager excludes maintenance of Outdoor Occupant Improvements. (a) Maintaining all paved surfaces of the Common Area(including the public sidewalks along public streets) in a level, smooth evenly-covered condition and cleaning, sweeping, restriping, repairing and resurfacing the Common Area as needed with the type of surfacing material originally installed or such substitute as shall in all respects be equal or superior in quality, use and durability. (a) Removing all papers, debris, filth and refuse, ice and snow and thoroughly sweeping the Common Area to the extent reasonably necessary to keep the Common Area in a clean and orderly condition. (b) Installing, placing, maintaining, repairing, and replacing any appropriate directional signs,curb stops,roadway markers,and parking stall lanes or other striping, including the repainting and refurbishment of such devices as required. (c) Operating, repairing,and replacing, where necessary, such artificial lighting facilities as shall be reasonably required. (d) Maintaining all landscaped areas and repairing automatic sprinkler systems or water lines and replacing shrubs and other landscaping as necessary. (e) Maintaining the structural components of all Project Signs. (f) Maintaining and repairing any and all fire loop lines or other fire protection devices,walls and fences,common storm drains, utility lines,sewers, irrigation systems and other utility systems and services which are located on, under or upon the Common Area, which are necessary for the operation and maintenance of the Common Area improvements. (g) Keeping the Common Area free from obstructions not required or permitted hereunder, including, without limitation, obstructions caused by the sale or display of merchandise outside the exterior walls of the Buildings located within the Shopping Center. (h) Employing all necessary personnel,contractors, subcontractors, the Manager and other persons required for operation and maintenance of the Common Area; provided, however, the employment of any personnel to provide security for the Common Area shall require the prior written consent of each Declarant. (i) Cleaning, maintaining and repairing all sidewalks, including those situated on the perimeter or outside the boundaries of the Common Area which are customarily maintained by property owners adjoining such sidewalks. II 0) Obtaining and maintaining a commercial general liability insurance policy insuring the Manager,the Declarants and the Owners,all as named insureds,against claims for personal injury, bodily in death and property damage occurring on, in or about the Common Area with a"Combined Single Limit" (covering personal injury liability, bodily injury Iiability and property damage liability) of not less than Two Million Dollars($2,000,000.00)for total claims for any one (1) occurrence. The insurance limits in this section shall be subject to increase from time to time by such amounts as the Manager and the Declarants may deem are reasonable, as may be evidenced by the practice of similarly situated shopping centers. (k) Such other actions as shall be required from time to time to cause the Common Area to be maintained in clean, first class condition. 4.5 Excluded Costs. Common Expenses shall not include the following: (a) merchants association costs and expenses; (b) advertising and promotional costs and expenses incurred by any individual Occupant; (c) garbage collection costs and expenses for individual Occupants of Buildings located in the Shopping Center; (d) carrying costs and penalties related to unpaid bills for Common Expenses which had been in possession of the Manager for more than twelve(12)months; and (e) any costs of constructing, installing, operating, maintaining and repairing Outdoor Occupant Improvements. 4.6. E§&Lt WWinamwri bletitneprkxr theootrmaxx =aofeachcal�,theN4wW may submit to the Declarant and all Owners and Occupants required to pay a Pro Rata Share of Common Expenses, a proposed Budget, for all Common Area maintenance and insurance expenses to be incurred during the following calendar year(the "Maintenance Services'). Decisions regarding parties to provide Maintenance Services to the Shopping Center may include factors other than price, including prior experience with vendor, local reputation of vendor or competing vendors, etc., in the exercise of the commercially reasonable judgment of the Manager provided that the Manager shall undertake to obtain the Maintenance Services at a commercially reasonable price. If the Manager determines that the Common Expenses for a calendar year will vary from the amounts set forth in the Budget, the Manager may, by notice to the Declarant and Owners and Occupants required to pay a Pro Rata Share,revise the Budget for such year,and each Owner or Occupant shall pay the accrued difference between the original and the revised Budgets within fifteen(15)days after receipt of the revised Budget,and thereafter pay the revised amount. During the initial operating stages of the Shopping Center, which may be prior to the commencement of a full calendar year, the Manager will provide a Budget to those Owners and Occupants obligated to pay Common Expenses for a portion of,but less than, a full calendar year. 4.7, Intentionally 01gitted. 12 4.8. PMment of Each Ownres Share oftfiggludeet. Each Owner shall pay, or cause to be paid, the Manager one-twelfth(1/12) of its Pro Rata Share of the Budget to the Manager on or before the tenth (101h) day of each calendar month for the ensuing calendar year. An Owner's Pro Rata Share of Common Expenses as set forth in the Budget for any fractional calendar month shall be prorated and paid on or before the first day of the first full calendar month following such fractional month. 4.9. Annual Reconci I:at'on. Within a reasonable time after the end of each calendar year, the Manager shall deliver to Declarants and each Owner a written itemized statement ("Annual Statement") showing the amount of the actual Common Expenses for the preceding calendar year, the amount paid by such Owner toward Common Expenses during the preceding calendar year, and any amounts due from such Owner to the Manager for such Owner's Pro Rata Share of such Common Expenses and/or any amounts due from the Manager to such Owner (in either case, the "Reconciliation Share"). Any Reconciliation: Share due from the Manager to an Owner shall accompany such Annual Statement. Any Reconciliation Share due from an Owner to the Manager shall be paid within thirty(30) days after receipt by such Owner of the Annual Statement. Upon request,the Manager shall provide any Owner copies of all bills, payment applications, invoices for Common Area maintenance performed, receipts for Common Expenses paid, and other reasonable supporting documentation, including the calculation of such Owner's Pro Rata Share with a breakdown of the square footage of the Buildings in the Shopping Center. Unless an Owner raises any objections to an Annual Statement within thirty (30) days after receipt of the same,the Annual Statement shall conclusively be deemed correct and accepted by the Owner. If an Owner does timely object to an Annual Statement,the Manager and the Owner shall negotiate in good faith to resolve any disputes. Any objection of an Owner to an Annual Statement and resolution of any dispute shall not postpone the payment of any undisputed amounts due the Manager by the Owner. Failure of the Manager to deliver the Annual Statement in a timely manner does not relieve an Owner's obligation to pay any amounts due Manager pursuant to an Annual Statement subsequently delivered. 4.10. Books and Records; Audit. The Manager shall maintain the books and records for the Common Expenses (the "Records") for a period of at least two (2) years. Any Owner may examine or audit the Records for the previous two calendar years at any reasonable time at the Manager's place of business or where the Records are maintained and kept. The Owner performing such audit shall bear its own cost of performing such audit, unless the audit discloses a discrepancy in excess of seven percent (7%) of such Owner's Pro Rata Share of the Common Expenses,in which event the Manager shall reimburse such Owner for the reasonable costs of such audit and examination of the Records with such expenses to be calculated at a customary hourly rate for professionals conducting similar audits on an hourly and not a contingent fee basis. 4.11. Cbangeof Manager. Upon any change of the Manager, the successor Manager shall provide written notice to all Owners and Occupants. 4.12. Management Fee Common Expenses shall include a management fee to the Manager(the "Management Fee") set forth in the Management Agreement. 5. EASEMENTS. All easements granted herein shall be subject and subordinate to any and all public utility easements, rights-of-way and other easements of record. 13 5.1. Ingress. ELress and Parking. Subject to the terms of Section 3, each Owner,as grantor with respect to its Parcel,hereby grants to each other Owner, as grantee, for the benefit of each such grantee Owner, and for the use of the Owners and their respective Occupants and Shopping Center Parties,and for the benefit of the Parcels owned by each such grantee Owner, and as a burden on each grantor Owner's Parcel, a non-exclusive easement appurtenant to each grantee Owner's Parcel for the purpose of providing and permitting pedestrian and vehicular ingress, egress and cross-access to adjacent Lots, Parcels and public rights-of-way, including, without limitation,ingress,egress and cross-access for commercial delivery vehicles in accordance with truck route and pedestrian and vehicular circulation patterns as approved by the City for the Shopping Center; and for vehicular parking upon, over, across and through the Common Area or Outdoor Ground Leased Portion, as applicable, on each such grantor Owner's Parcel. Such right shall be applicable to those portions ofthe Common Area or Outdoor Ground Leased Portions that are intended for use by motor vehicles or pedestrians,as applicable,based upon the improvements that have been constructed and exist upon the Common Area or Outdoor Ground Leased Portions. The easements granted in this Section specifically give, inter alia,customary and reasonable cross- access rights and ingress and egress rights for pedestrian and vehicular access to the Shopping Center. Except as to the Declarant as herein provided,the foregoing shall not create any rights in any parties other than the Owners and the named beneficiaries of such rights through such Owners. No Owner shall be permitted to obstruct any drive aisle, entry to the Shopping Center or limit or restrict access to and from its Parcel by more vehicles or pedestrians. 5.2. [Ztility Systems. Each Owner, as grantor with respect to its Parcel, hereby grants to each other Owner, as grantee, for the benefit of each such grantee Owner and its Parcel, without the necessity for further documentation, non-exclusive easements appurtenant to the Parcel owned by the grantee Owner, under, through and across the Common Area or Outdoor Ground Leased Portion, as applicable, of the Parcel owned by the grantor Owner, for the installation, use, further extensions, maintenance, repair and replacement of, including, but not limited to, storm drainage systems or structures(inclusive of master detention/retention basin(s)), water mains, storm drains, sanitary sewers, water sprinkler system lines, telecommunication, electrical conduits or systems, cable and fiber optic lines, gas mains and other public utility services, lines, and facilities, including supply and distribution systems ("Utility Systems"), necessary for the orderly development and operation of the Common Area,each Outdoor Ground Leased Portion,and each Building in the Shopping Center as shown on the Subdivision Plat as a "Public Utility Easement"; provided, the rights granted pursuant to such easements shall at all times be exercised in such manner as to cause the least interference with the normal operation of the Shopping Center;and provided further,except in an emergency,the right of any grantee Owner to enter upon the Parcel of any grantor Owner for the exercise of any right pursuant to such easements shall be conditioned upon obtaining the prior written consent of such grantor Owner, which consent shall not unreasonably be withheld or delayed. The location of any stormwater drainage facilities located on or within the Shopping Center shall comply with City Laws and applicable terms and conditions of the Development Agreement. 5.3. Provisions Al2plicable to Easements. The primary location of easements herein established for ingress and egress and all Utility Systems shall be as set forth on the Subdivision Plat. 'Notwithstanding the location of public utility easements, water line easements and other easements shown on the Subdivision Plat,to the extent installation of Utilities is required in a location not shown on the Subdivision Plat,an Owner of the Parcel upon which such easement 14 is required shall permit the Construction of required Utilities;provided that such Construction and location shall not unreasonably impair such Owner's use of the Building or the Outdoor Ground Leased Portion,as applicable, located on its Parcel. All such Utility Systems shall be installed and maintained below the surface or ground level of such easements; provided, however, that such limitation shall not restrict the Construction of ground surface mounted control and access facilities for Utilities. The party installing any Utility System shall use reasonable efforts to cause the installation of such Utility Systems prior to paving of the Common Area or any Outdoor Ground Leased Portion. In the event an Owner deems it necessary to cause the installation of a Utility System across the Common Area or Outdoor Ground Leased Portion of any other Parcel subsequent to the initial paving and improving thereof(the "Requesting Owner"), the Owner of the burdened Parcel thereof agrees not to unreasonably withhold the granting of any necessary additional easements; provided, such Owner may withhold its consent if such installation would unreasonably interfere with the normal operation of any business in the Shopping Center, or with such Owner's plans for the development of its Parcel;and provided further,the Requesting Owner shall, at its sole cost and expense, completely restore to the same or better condition all Improvements located on the Common Area, Outdoor Ground Leased Portions and surfaces disrupted as a result of such installation. The Owner of a burdened Parcel may reasonably request that such installed Utility Systems be relocated subject to compliance with applicable Laws, at the expense of the Requesting Owner, provided that such relocation shall not interfere with, increase the cost or diminish utility services for any of the other Owners or Occupants. In the event it should be necessary to grant any of the foregoing easements and rights to local utility companies as a condition of their providing or continuing service,such rights shall be granted, provided that the Owners required to execute such instruments deem the terms and conditions of such a grant to be reasonably acceptable. In such event, the Owner requiring or causing the requirement of any such easement shall, promptly following the grant of such easement, and at its sole cost and expense, provide to the Owner granting such easement a survey of such Owner's Parcel depicting the location of such easement. 5.4. Fire Access. Each Owner, as grantor with respect to its Parcel, hereby grants to each other Owner,as grantee,for the benefit of each such grantee Owner and its Parcel(s), and for the benefit of all other Owners and their respective Occupants, and as a burden on the grantor Owner's Parcel, a perpetual, non-exclusive fire access easement appurtenant to each grantee Owner's Parcel on, under and across the Common Area or Outdoor Ground Leased Portion, as applicable, of each grantor Parcel as may be required to provide for the (i) pedestrian and vehicular access and parking of fire-fighting personnel, equipment and vehicles; and (ii) maintenance, operation, removal, replacement and reinstallation of water and fire suppression system lines, including the right of ingress and egress for such purposes,and as may be shown on the Subdivision Plat as a"Fire Access Easement,"or similar notation_ No Owner shall construct any Improvement upon its Parcel which will impair access over and across any such fire access easement without the express prior written approval of Declarants, all other Owners and the City. 5.5. B_uildine Encroachments. Each Owner, as grantor with respect to its Parcel, hereby grants to each other Owner, as grantee, for the benefit of such grantee Owner and its Parcel, an easement for any portion of any Building or structure on any Parcel (including, without limitation, footings, piers, piles, grade beams, ramps, support columns, canopies, eaves, utility meters, roof overhangs, and subsurface support elements required for the construction or 15 reconstruction of any Building or structure (collectively, "Permitted Projections") which may encroach onto, under or over an adjoining Parcel; provided, that (i) the easement for Permitted Projections and all other building encroachments granted herein shall not exceed two(2)feet, and (b) the encroachment easement granted herein shall not extend to encroachments which are intentional or which materially and adversely affect the location,orientation,design,Construction or use of Buildings or other Improvements to be constructed on a Parcel upon which the encroachment has taken place, unless first approved in writing by the Owner of the Parcel upon which the encroachment shall exist. The easement granted herein shall last so long as this Declaration is in effect. In the event this Declaration expires, this easement shall last so long as the Building of which such encroachment is a part is standing. 5.6. Emermnev Exits. Each Owner,as grantor with respect to its Parcel,hereby grants to each other Owner, as grantee and for the benefit of each other Owner and its respective Parcel: (i) an easement for any portion of any stairs and landings (including any footings and foundations related thereto)constructed in connection with Building emergency exits required by any governmental entity, which may encroach onto or over an adjoining Parcel; and (ii) an easement for emergency egress from such emergency Building exits; provided, the easement for stairs and landings (and foundations and footings related thereto) granted herein shall not exceed six(6) feet in width. 5.7. Restoration. If any Owner damages the Common Area or any Outdoor Ground Leased Portion as a result of any Construction or the exercise of its easement rights, such as the placement of utilities within the Common Area or any Outdoor Ground Leased Portion (excluding normal and anticipated use and wear and tear),such Owner,at its sole cost and expense, shall immediately repair such damage and restore the Common Area or Outdoor Ground Leased Portion to the same or better condition that existed before such damage. In the event that the Owner or Occupant shall fail to repair or restore the Common Area or any Outdoor Ground Leased Portion as required by the preceding sentence, the Manager may deliver to such Owner, written notice of such failure which shall specify the alleged deficiencies. In the event that such deficiencies are not corrected within thirty(30) days of the date of such notice, the Manager shall have the right to cure such deficiencies. The applicable Owner shall be responsible to pay any and all costs and expenses incurred by the Manager to correct such deficiencies, plus a supervision fee to the Manager in the amount equal to ten (10%) of the costs and expenses so incurred by the Manager. Such reimbursement shall be made not later than thirty (30) days after receipt of a statement of such costs, including appropriate supporting documents. Any amounts not so paid shall accrue interest at the rate of fifteen percent(15%)per annum from the date of the statement requesting reimbursement through the date the reimbursement payment is received by the Manager. 6. SIGNS. 6.1. Generally.. In addition to any other restrictions set forth in this Declaration, all signs which shall be located on any Building or in any public area of the Shopping Center shall comply with all applicable ordinances of the City and the comprehensive signage plan applicable to the Shopping Center,as adopted by Declarant from time to time. To the extent such ordinances require the formal approval of the City,the Owner or Occupant desiring to display such sign shall be required to obtain such approval. City approval shall not constitute approval under this 16 i Declaration and provisions of this Declaration may be more restrictive than the requirements of applicable City ordinances or regulations. 6.2. Building Signs. Each Owner shall have the right to maintain such Signs on the interior of Buildings located on its Parcel as it desires,provided that such Signs are not visible from the exterior. Banners, flags, Signs or advertising objects, displays or lights visible from the exterior of any Building shall require the prior written approval of the Declarant pursuant to the terms set forth in Section 2.1; provided, however, no auction, liquidation, going out of business, fire or bankruptcy sales maybe conducted or advertised by signor otherwise. If permitted by Law and approved by the Declarants, each Owner shall have the right to erect, maintain and replace Signs on the exterior of the Buildings located on its Parcel; provided, such Signs shall be constructed so as to lie flat against such exterior facia facing outward and shall not protrude more than two (2) feet from the surface thereof in any direction; and provided further, in no event shall Signs be located on or above the roof(excluding canopies,so long as no Sign erected on a canopy will extend above the height of the building canopy or mansard roof on which it is installed) of any Building in the Shopping Center. Unless and except as provided otherwise in a Cease or other separate written agreement with Declarant, no Owner or Occupant may place, install or operate, any signs in any windows ofany Building visible from the exterior; provided that a nationally or regionally recognized Occupant with locations in multiple states with a uniform sign package,may place its standard signs on and within its Building or premises subject to applicable Law,and the comprehensive signage plan applicable to the Shopping Center,as adopted by Declarant from time to time, and subject to each of the Declarants' prior approval which shall not be unreasonably withheld. Any other Signs shall require the approval of each of the Declarants, which may be granted or withheld in the Declarants' sole and subjective discretion. 63. Pylon/Monument Siggs. There will be one or more free standing pylon and/or monument signs (collectively, "Shopping Center Signs") installed within the Shopping Center as approved by the Declarant, subject to the approval of the City. The cost of maintaining the structural components and providing electricity to operate the Shopping Center Signs shall be a Common Expense. Unless and except as provided otherwise in a Lease or other separate written agreement with Declarant, each Owner or Occupant with a sign panel shall be responsible to pay any and all costs and expenses which shall be incurred in the fabrication, installation,maintenance and replacement of its sign panel(s). Each such Owner shall be responsible for the maintenance and replacement of its sign panel(s) as necessary to maintain such sign panel(s) in a first class condition. Except as expressly permitted herein, there shall be no Signs in the Common Area or Outdoor Ground Leased Portions of the Shopping Center without the prior written approval of the Manager, which may be granted or withheld in the Manager's sole and subjective discretion. Each Owner, as grantor with respect to its Parcel,hereby grants to each other Owner allowed to erect or maintain Signs or sign panel(s) pursuant to this section, as grantee, a non-exclusive easement under, through and across the Common Area or Outdoor Ground Leased Portion,as applicable,of the Shopping Center for the purpose of installing and/or maintaining utility lines to service free- standing pylon or monument signs, if any, and all other authorized Signs, if any. Each Owner or Occupant shall utilize Declarant's sign vendor for Shopping Center Signs and any panels located thereon. The Pylon/Monument signs & panels shall be of a consistent color and consistent with the overall Shopping Center signage theme. 17 6.4. Purpose oLyjgns. Any and all Signs within the Shopping Center shall solely advertise the Shopping Center and/or the businesses or Occupants located within the Shopping Center. 7. INDEMNIFICATION AND INSURANCE. 7.1. Indemnifutiou. Each Owner and the Manager each, acting as an "Indemnifying Party", hereby indemnifies, holds harmless and agrees to defend each Owner(or other Owner, as the case may be), the Manager, and the Declarant, each as an "Indemnified Party", from and against all claims,damages,expenses (including, without limitation, reasonable attorneys' fees and reasonable investigative and discovery costs), liabilities and judgments on account of injury to persons, loss of life, or damage to property occurring in the Shopping Center and/or on the ways immediately adjoining the Shopping Center, caused by the active or passive negligence or willful misconduct of the Indemnifying Party, its agents, servants,employees, and invitees. It is provided, however, that the Indemnifying Party does not and shall not be required to indemnify an Indemnified Party against any injury, loss of life, or damage which is caused by the active or passive negligence or willful misconduct of the Indemnified Party, an Owner(other than the Indemnifying Party if the Indemnifying Party is an Owner),or its or their agents,servants, employees or invitees. The Parties' obligations with respect to indemnification hereunder shall remain effective, notwithstanding the expiration or termination of this Declaration, as to claims arising or accruing prior to the expiration or termination of this Declaration. The indemnification obligation herein will not be limited by a limitation on the amount or type of damages, compensation or benefits payable by or for the Indemnifying Party under worker's compensation acts, disability benefit acts, employee benefit acts, or otherwise. In addition,the indemnification obligation set forth herein is a contractual obligation of the Manager and applicable Owner and will not be diminished by any insurance coverage or any restriction, cap or other provision of governmental immunity law or similar doctrine. 7.2. Liability Insurance Coverage and LLmits. Each Owner,and the Manager, agree to maintain, and each Owner shall cause the Occupants of any portion of such Owner's Parcel to maintain, at no cost to the other Owners, liability insurance insuring its interests against claims for personal injury, bodily injury,death and property damage occurring on,in or about their Parcel, with a"Combined Single Limit" (covering personal injury liability, bodily injury liability and property damage liability) of not less than Two Million Dollars ($2,000,000.00) for total claims for any one(1)occurrence. The insurance limits in this section shall be subject to increase from time to time by such amounts as the Declarants may reasonably agree are necessary or desirable,as may be evidenced by the practice of similarly situated shopping centers. Each Owner shall be endorsed as an additional insured on such insurance policy and, upon request,be entitled to receive a certificate evidencing this insurance coverage. 7.3. Contractor's Insurance. During the period of any Construction in the Shopping Center by or at the request of any Owner, such Owner agrees to obtain or require its contractor(s)to obtain, and thereafter maintain so long as such construction activity is occurring, at least the following minimum insurance coverage: (a) Workers' compensation -statutory limits; 18 i (b) Employers Liability Insurance with coverage and minimum limits of the greater of (1) bodily injury by accident ($100,000.00 each accident); (ii) bodily injury by disease($500,000 policy limit);and (c) bodily injury by disease($100,000 each employee); and (c) Comprehensive General and Commercial Automobile Liability as follows: (i) "Combined Single Limit" (covering personal injury liability, bodily injury liability, and property damage liability)of not less than One Million Dollars($1,000,000,00)for total claims for any one occurrence; (ii) Independent Contractor's Liability or Owner's Protective Liability with the same coverage as in(i)above; (iii)Products/Completed Operations Coverage which shall be kept in effect for two (2) years after completion of work; (iv) "XCU" hazard coverage, if applicable; (v) `Broad Form" Property Damage Endorsements; (vi) "Personal Injury" Endorsements;and(vii)`Blanket Contractual Liability"Endorsement. If any construction activity involves the use of another Owner's Parcel, then the Owner of such Parcel shall be endorsed as an additional insured under all such insurance, and such insurance shall provide that the same shall not be canceled without at least thirty(30)days' prior written notice to the named insureds. 7.4. Waiver of Certain RightL With respect to any loss or damage that may occur to the Shopping Center(or any improvements thereon)or any Parcel,which is insured under a fire and extended coverage insurance policy, regardless of the cause or origin,excluding willful acts but including negligence of the Owners, their agents, servants or employees, the Owner suffering such loss hereby releases the other Owners from all claims with respect to such loss;and the Owners each agree that their respective insurance companies shall have no right of subrogation against the other Owners on account of any such loss, and each Owner shall procure from its respective insurers under all policies of fire and extended coverage insurance a waiver of all rights of subrogation against the other Owners which the insurers might otherwise have under such policies. 7.5. Palic R uirements. Any insurance required to be provided under this Section 7 may be in the fonn of blanket liability coverage,so long as such blanket policy does not reduce the limits nor diminish the coverage required therein. Each Owner shall have the right to satisfy its insurance obligations hereunder by means of self-insurance to the extent of all or part of the insurance required hereunder, but only so long as: (i)the self-insuring Owner shall have a net worth of at least Fifty Million Dollars ($50,000,000); (ii) the self-insuring Owner shall, upon request, provide an audited financial statement, prepared in accordance with generally accepted accounting principles, showing the required net worth; and (iii) such self-insurance provides for loss reserves which are actuarially derived in accordance with accepted standards of the insurance industry and accrued(i.e.,charged against earnings)or otherwise funded. Any deductible in excess of Ten Thousand Dollars ($10,000) shalt be deemed to be self-insurance. Upon request, each Owner shall cause certificates of insurance reasonably evidencing compliance with the requirements of this section to be delivered to the Manager for the benefit of the other Owners. The insurance policies and certificates required by this section shall require the insurance company to furnish the Manager thirty (30) days' prior written notice of any cancellation or lapse, or the effective date of any reduction in the amounts or scope of coverage. 7.6. Performance of Indemnity Agreements. All policies of insurance required under this Section 7 shall contain a contractual liability endorsement. Each Owner shall promptly notify the other Owners of any asserted claim with respect to which such Owner is or 19 may be indemnified against hereunder and shall deliver to such other Owners copies of process and pleadings. 8. DAMAGE OR DES RUCTION. In the event any Building in the Shopping Center is damaged or destroyed by fire or other casualty or any other cause whatsoever,the Owner of the Parcel upon which such Building is located may, in its sole,subjective discretion, demolish or rebuild the damaged Building. In the event an Owner determines to demolish a damaged Building,that Owner shall either promptly construct a new Building on the same location or leave and maintain the Parcel of land on which the Building was located in a smooth, level condition, free and clear of all refuse and weeds and scaled against dust by paving and otherwise maintained in a condition similar to other first-class shopping centers in Ada County, Idaho. In the event an Owner determines to rebuild the Building located on its Parcel in the Shopping Center, such Owner shall forthwith proceed with due diligence to remove any debris and to restore such Building to substantially the same condition as immediately prior to such damage or destruction. In the event the Common Area or any Outdoor Ground Leased Portion of the Shopping Center or any portion thereof shal I be damaged or destroyed by fire or other casualty or any other cause whatsoever,the Owner of the Common Area or Outdoor Ground Leased Portion so damaged or destroyed shall forthwith proceed with due diligence to restore such Common Area or Outdoor Ground Leased Portion to its condition immediately prior to such damage or destruction in order to permit vehicular parking (in the manner required by this Declaration) and free and safe vehicular and pedestrian access and circulation in the Shopping Center and to and from all adjacent streets. If the Owner of the Common Area or Outdoor Ground Leased Portion that is damaged or destroyed fails to restore the damaged or destroyed portion of the Common Area or Outdoor Ground Leased Portion within thirty (30) days of the date of written notice from the Manager requiring such restoration,the Manager and/or the Declarants shall have the right to restore such damaged portion of the Common Area or Outdoor Ground Leased Portion. The applicable Owner shall be responsible to pay any and all costs and expenses incurred by the Manager and/or the Declarants to complete such restoration, plus a supervision fee to the Manager in the amount equal to ten (10%)of the costs and expenses so incurred by the Manager. Such reimbursement shall be made not later than thirty (30) days after receipt of a statement of such costs, including appropriate supporting documents. Any amounts not so paid shall accrue interest at the rate of fifteen percent (151/6) per annum from the date funds are disbursed by the Manager through the date the reimbursement payment is received by the Manager. 9. EMINENT DOMAIN. 9.1. Owner's Right to Award. Nothing herein shall be construed to give any Owner any interest in any award or payment made to any other Owner in connection with any exercise of eminent domain, or transfer in lieu thereof, affecting any other Owner's Parcel, or to give the public or any government any rights in any Parcel. In the event of any exercise of eminent domain, or transfer in lieu thereof, of any part of the Common Area or Outdoor Ground Leased Portion located within the Shopping Center, the award attributable to the land and Improvements of such portion of the Common Area or Outdoor Ground Leased Portion shall be payable to the Owner in fee thereof, and no claim thereto shall be made by the Owners of any other portion of the Common Area. 20 9.2. Collateral Claims. All other Owners or persons having an interest in the Common Area or Outdoor Ground Leased Portion so condemned may file collateral claims with the condemning authority for their losses which are separate and apart from the value of the land area and improvements taken. 9.3. Occupant Claim, Nothing in this section shall prevent an Occupant from making a claim against an Owner pursuant to the provisions of any Lease between an Occupant and such Owner for all or a portion of any such award or payment. 9.4. Restomflon of Common Area or Outdoor Ground Leased Portion. The Owner of the fee of each portion of any Common Area or Outdoor Ground Leased Portion so condemned shall promptly repair and restore the remaining portion of the Common Area or Outdoor Ground Leased Portion,as applicable, so owned as near as practicable to the condition of the Common Area or Outdoor Ground Leased Portion, as applicable, immediately prior to such condemnation or transfer, to the extent that the proceeds of such award are sufficient to pay the cost of such restoration and repair and without contribution from any other Owner. The plans and specifications for such repair and reconstruction shall be approved by the Manager and the repair and reconstruction shall be overseen by the Manager. 9.5. Restoration of Improvements. In the event any Improvements or any portion thereof located in the Shopping Center is condemned, the remaining portion of such Improvements shall be demolished or restored by the Owner of the Parcel on which it is located, and such Owner shall remove all debris resulting therefrom. In the event an Owner elects to rebuild or refurbish any Improvements after such condemnation action, such Owner shall proceed with due diligence to restore such Improvements to completion, In the event the remaining Improvements are removed, the Owner shall thereafter maintain such affected area on the Parcel in the manner provided for in this Declaration. 10. TAXES. Each Owner shall pay or cause to be paid directly to the appropriate taxing authority before such taxes become past due,the real property taxes and other special taxes and assessments assessed against the Parcel owned by such Owner, including the portion of the Common Area or Outdoor Ground Leased Portion (if any) owned by such Owner,as well as any rental taxes, if any, applicable to such Parcel on account of Owner's lease or rental thereof. No Owner shall be responsible for the payment of any portion of real property taxes and assessments levied against or otherwise contractually applicable to any other Owner's Parcel. In the event any Owner fails at any time to pay,or cause to be paid, before delinquency its taxes or assessments on any portion of a Parcel of which such Owner has a fee interest,and which may become a lien on any of the Common Area, then the Manager or any other Owner may pay such taxes and/or assessments, together with interest, penalties, and costs, and in any such event the Owner obligated to pay such taxes and/or assessments shall promptly reimburse the Manager or such other Owner for all such taxes and/or assessments, interest, penalties, and other charges and until such reimbursement has been made,the amount thereof shall constitute a lien and charge on the Parcel of the defaulting Owner. Nothing contained herein shall prevent an Owner from paying its taxes under protest or challenging the validity or amount of any assessment, so long as such Owner takes steps to prevent the delinquent taxes from becoming a lien on its Parcel or the occurrence of a tax sale of such Parcel. The Owner initially failing to pay taxes or assessments on 21 its Parcel shall be responsible to pay any and all costs and expenses incurred by the Manager or another Owner to pay such amounts. Such reimbursement shall be made not later than thirty(30) days after receipt of a statement of such costs, including appropriate supporting documents. Any amounts not so paid shall accrue interest at the rate of fifteen percent (15%) per annum from the date funds are disbursed by the Manager or the other Owner through the date the reimbursement payment is received. 11. E DIMENTAL LIABILITIES. Without regard to the party causing the contamination, each Owner assumes all responsibly and liability for any and all damages, costs and claims including,but not limited to remediation costs, incurred as a result of the release of any Hazardous Material from its Parcel which migrates (or has migrated) or otherwise contaminates (or has contaminated)another Parcel in the Shopping Center, including, but not limited to, leaks, spills or losses or motor fuels related to underground storage tanks, piping,dispensing systems,or other facilities or activities on or about any Parcel. Each Owner shall promptly comply with any and all clean-up requirements of any governmental authority having jurisdiction pertaining thereto, and shall indemnify the governmental authority having jurisdiction pertaining thereto, and shall indemnify the other Owners for all costs, expenses and fees incurred by any other Owner (including attorneys' fees in defending the same) resulting from any contamination or discharge of Hazardous Materials. Any and all environmental assessment and remediation work shall be performed in accordance with all applicable Laws. Notwithstanding the Foregoing.the Owners do not assume responsibility and/or liability for,or indemnify any other Owner For,any such damages, costs or claims resulting from any such release caused by,through or under any other Owner.This Section 1 I is not intended to limit or define, and does not limit or define, an Owner's remedies against a third-party which caused,or is responsible for.contamination on discharge of hazardous materials. 12. DEFAULT. 12.1. Right to Care;Past Due S m . Should any Owner("Defaulting Owner") fail to timely perform any of its obligations hereunder(including any obligations of its Occupants and excluding the obligations of the Manager), and thereafter fail to diligently commence performing such obligation within fifteen (15) days after its receipt of a written demand therefor from the Manager or a Declarant(herein, the"Curing Party"),the Curing Party shall, in addition to any other remedy provided at law, in equity, or in this Declaration, have the right(but not the obligation) to perform such obligation on behalf of the Defaulting Owner, and the Defaulting Owner shall reimburse the Curing Party for the cost of performing such obligation within ten(10) days after receipt of billing therefor and proof of payment thereof;except that a Declarant may not cure such obligation if the Defaulting Owner is the other Declarant. In the event the Defaulting Owner does not reimburse the Curing Party within such ten(l 0)days,the Curing Parry shall have: (i)the right to exercise any and all rights which such Curing Party might have at law or in equity to collect the same;and/or(ii)a lien on the property owned by the Defaulting Owner,to the extent of the amount paid by the Curing Party but not reimbursed by the Defaulting Owner,which amount shall bear interest at a rate equal to the then published "Prime Rate" of Wells Fargo Bank, N.A.. plus five percent(5.0%)per annum(or, in the event Wells Fargo Bank no longer publishes a Prime Rate,the Prime Rate, for purposes herein,shall be a rate agreed to by all the Owners)(the Owners acknowledging that such rate may not be the lowest or "best" rate), or the highest legal rate of interest, whichever is less, from the date of billing until paid. Such lien may be fled or recorded 22 by the Curing Party as a claim against the Defaulting Owner, in the form required by law, in the office wherein mortgages and liens are recorded, which lien shall contain at least the following information: (a) The name of the lien claimant; (b) The name of the Defaulting Owner; (c) A description of the work performed on behalf of such Owner and a statement itemizing the cost thereof which remains unpaid by the Defaulting Owner; and (d) A description of the property being liened. The lien so claimed shall attach from the date of recordation in the amount claimed by "the Curing Party, and it may be enforced and foreclosed in any manner allowed by law including, but not limited to, suits to foreclose a mechanic's lien, trust deed or mortgage under applicable law. Any Owner filing such Hen shall concurrently notify the Defaulting Owner of such tiling,and shall within sixty(60)days thereafter send to the defaulting Owner at its notice address a copy of such lien showing such recording. Such lien, when so established against the real property described in such lien, shall be prior and superior to any right,title, interest, lien or claim which may be or is acquired or attached to such real property after the time of recording the claim of lien. Notwithstanding the above, the lien for any amount due by a Defaulting. Owner shall be subordinated to the lien of any bona fide security device, including but not limited to, mortgage, deed of trust and sale and leaseback obtained by an Owner of a Parcel for the purposes of the improvement thereof(or a refinancing thereof); provided, however, that such subordination shall apply only to the amounts due and owing to the Manager or a Curing Party which have become due and payable prior to a sale or transfer of such Parcel pursuant to or in lieu of foreclosure by the holder of such security interest. Such sale or transfer shall not relieve the Parcel from the lien for any amounts thereafter becoming due, or from the lien of any subsequent amounts due. To the extent another section of this Declaration shall provide a specific remedy for the failure of a party to perform its obligations hereunder, the notice, cure and remedies provided by this Section 12.1 shall be applicable only after application of the remedy otherwise specifically provided. In addition,If the Declarant or Manager fails to receive any monetary sum due to Declarant or Manager within five (5) days after its original due date (without any written notice to the Defaulting Owner that it has not been received), the Defaulting Owner shall pay a late fee of five percent (5%) of the amount due. If Declarant or Manager receives any monetary sum due Declarant or Manager more than thirty(30)days after its original due date, the Defaulting Owner shall pay, in addition to the late fee provided above, interest on the outstanding balance of such monetary sum, both before and after judgment at the rate of twelve percent(12%) per annum (the "Default Interest Rate")from the original due date to the date of Declarant's or Manager's actual receipt of payment.Declarant or Manager shall also be allowed to collect$50.00 for every returned 23 check. Notwithstanding the foregoing, however, Declarant's or Manager's right concerning such interest and service fee shall be limited by the maximum amount which may properly be charged by Declarant or Manager for such purposes under applicable law.The foregoing remedies shall be in addition to,and not in lieu of,or derogation of,or to the exclusion of any other remedy available to Declarant or Manager under this Declaration,or at law, or in equity. 12.2. iln'up "ve el'ef. In the event of any violation or threatened violation of any provision of this Declaration, each of the Manager and the Declarants shall have the right, in addition to any other remedies herein or by law or equity provided, to enjoin such violation or threatened violation. 12.3. Breach Shall Not Permit Termination. No breach of this Declaration shall entitle any Owner to cancel, rescind or otherwise terminate this Declaration, but such limitation shall not affect in any manner any other rights or remedies which such Owner may have hereunder by reason of any breach of this Declaration. 12.4. No Limitation of 1knedies. The various rights and remedies herein contained and reserved to each Declarant, Owner,and Manager, except as otherwise provided in this Declaration, shall not be considered as exclusive of any other right or remedy, but shall be construed as cumulative, and shall be in addition to every other remedy now or hereafter existing at law, in equity or by statute, No delay or omission of the right to exercise any power or remedy shall impair any such right, power or remedy or be construed as a waiver of any default or nonperformance or as acquiescence therein. 13. ffQj CES, Any notices,requests,demands,and other communications hereunder shall be in writing and shall be given (i)by Federal Express(or other established express delivery service which maintains delivery records),(ii)by hand delivery,(iii)by certified or registered mail, postage prepaid, return receipt requested, or (iv) via email, facsimile or other electronic transmission, to the Parties at the following addresses, or at such other address as the Parties may designate by written notice in the above manner: To Wadsworth: c/o Wadsworth Development Group, LLC 166 E. 14000 S., Suite 210 Draper, UT 84020 Attn: Roman Groesbeck, Esq. roman cr wadsdev.com (Email) With a copy to: Robert Walker, Esq. Kirton McConkie 50 E.South Temple St., Suite 400 Salt Lake City, Utah 84111 Notices shall be deemed effective upon receipt, upon attempted delivery if delivery is refused by the intended recipient or if the delivery is impossible because the intended recipient has 24 failed to provide a reasonable means for accomplishing delivery or upon electronic confirmation that the notice has been delivered. 14. ATTORNEYS' FEES. In the event any Owner or a Declarant brings or commences legal proceedings to enforce any of the terms of this Declaration,the prevailing party in such action shall have the right to recover reasonable attorneys' fees and costs from the other party, to be fixed by the court in the same action. The phrase "legal proceedings" shall include appeals from a lower court judgment, as well as proceedings in the federal Bankruptcy Court, whether or not they are adversary proceedings or contested matters. The phrase"prevailing party" as used in the context of Federal Bankruptcy Court shall mean the prevailing party in an adversary proceeding or contested matter, or any other actions taken by the non-bankrupt party which are reasonably necessary to protect its rights under the terms of this Declaration. The phrase "prevailing party" as used in the context of any court other than the Federal Bankruptcy Court shall mean the party that prevails in obtaining a remedy or relief which most nearly reflects the remedy or relief which the party sought_ 15. DURATION. Except as otherwise provided herein, this Declaration shall remain in full force and effect for a term of sixty-five (65) years from the date hereof, and shall automatically renew for periods of five (5) years each, unless the Declarant agrees in writing to terminate this Declaration. Such termination shall only be effective upon recordation of the termination document in the official records of the political division in which the Shopping Center is located. The Declarants shall deliver notice of any such termination to each Owner and Occupant within seven (7) days of the termination. Upon written request, all Owners and Occupants shall sign and acknowledge such notice. 16. MODIFICATION. Until ninety percent (90%) of the proposed Building square footage within the Shopping Center shown on the Site Plan is improved and occupied, this Declaration (including,without limitation, the Site Plan)may only be amended by the Declarant. When more than ninety percent (90%) of the proposed Building square footage within the Shopping Center is improved and occupied, this Declaration (including, without limitation, the Site Plan)may only be modified by a written document executed by the Declarant and a group of Owners whose sum of Pro Rata Shares equals at least seventy-five percent (75%). The Declarant reserves the right to enlarge and add additional land to the Shopping Center, whereupon such additional land shall be subject to this Declaration. The Shopping Center shall not be enlarged or added to nor integrated with any other lands or premises without the prior written consent of the Declarant. A Declarant may assign its rights,duties and obligations to its successor in interest and shall notify the Owners and Occupants in writing of any assignment of such rights, duties and obligations. 17. GENERAL PROVISIONS. 171. Accuracy of Recitals. Declarant hereby acknowledges the accuracy of the recitals of facts and circumstances A through B following the introductory paragraph of this Declaration,which are incorporated herein by this reference. 17.2. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Shopping Center to the general public or for any public 25 i purposes whatsoever, it being the intention of the Declarant that this Declaration shall be strictly limited to and for the purposes herein expressed. The Manager may take such actions as it deems necessary to prevent any public dedication of any part of the Shopping Center by operation of law. 17.3. S—eyorabilitx, If any term or provision of this Declaration or the application of it to any person or circumstance shall to any extent be invalid and unenforceable,the remainder of this Declaration or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each term and provision of this Declaration shall be valid and shall be enforced to the extent permitted by law. 17.4. Pronouns. When required by context, the singular shall include the plural, and the neuter gender shall include a person, corporation, firm, association, or other business arrangement. 17.5. Cons. The captions in this Declaration are for convenience only and do not constitute a part of the provisions hereof.. 17.6. No Partnership. The provisions of this Declaration are not intended to create,nor shall they be in any way interpreted to create,a joint venture,a partnership,or any other similar relationship between the Declarant and/or Owners. 17.7. Governine Law. This Declaration shall be construed and enforced in accordance with,and governed by,the law of the State of Idaho. 17.8. No Presuonntlion. This Declaration shall be interpreted and construed only by the contents hereof and there shall be no presumption or standard of construction in favor of or against the Declarant. 17.9. Run With Land. This Declaration and the easements, covenants, benefits and obligations created hereby are intended to run with the land and shall inure to the benefit of and be binding upon each Owner and their respective successors and assigns; provided, if any Owner conveys any portion or all of its interest in any Parcel owned by it, such Owner shall thereupon be released and discharged from any and all further obligations under this Declaration as it had in connection with the property conveyed by it if the buyer assumes in writing all of such obligations;and provided further,no such sale shall release such Owner from any liabilities,actual or contingent,existing as of the time of such conveyance. 17.10. Estoppel Certificate. Each Owner agrees that, upon request by any other Owner(the "Requesting Owner"), it will issue to a prospective lender of the Requesting Owner or to a prospective purchaser of the Requesting Owner's interest, an estoppel certificate stating: (a) whether the Owner to whore the request has been directed knows of any default by the Requesting Owner under this Declaration, and, if there are known defaults, specifying the nature thereof; (b) whether this Declaration has been assigned, modified or amended in any way(and if it has,then stating the nature thereof);and 26 (c) that to the Owner's knowledge this Declaration as of that date is in full force and effect. Such statement shall act as a waiver of any claim by the Owner furnishing it to the extent such claim is based upon facts contrary to those asserted in the statement and to the extent the claim is asserted against a bona fide encumbrancer or purchaser for value without knowledge of facts to the contrary of those contained in the statement, and who has acted in reasonable reliance upon the statement; provided, no Owner shall incur any liability whatsoever for any misstatement or wrong information unless the same is the result of the gross negligence or willful act of the Owner furnishing such information. 17.11. Contractual Qbfi bons. All of the terms and conditions contained herein represent contractual obligations of the Owners. The purchase of a portion or all of any Parcel by any governmental entity shal I be deemed a proprietary act with full authority granted therefor from any and all legislative body. The presentment of any claim or action against any Owner pursuant to this Declaration(such as through the indemnification provision)shall be presentment and tender of a contractual obligation. Under no condition shall any Owner be limited or restricted(including any waiver due to the passage of time except for the statute of limitation period set forth in Laws of the State of Idaho) in its ability to tender any claim or matter to an Owner in accordance with the terms of this Declaration. 17.12. Force Maienre. Each Owner will comply with the time periods set forth in this Declaration to the extent such provisions are applicable to it;provided each and every period shall be extended for a period or periods of time equal to any period or periods of delay preventing the performance of any Owner's obligations, which delays are caused by fire or other casualty, acts of god,acts of nature,weather,refusal or failure of governmental authorities to grant necessary approvals or permits (the Owner responsible thereof agreeing to use reasonable diligence to procure the same), war, riot, or insurrections, or any other cause (except financial) beyond the reasonable control of such Owner. In the event of any such delay,the Owner suffering such delay shall seek and use to the extent available economically reasonable and comparable substitutes or alternatives and shall promptly give written notice to the other Owners of the occurrence of such delay and,upon termination thereof,notice of the termination of such delay. In the event an Owner suffers such a delay and fails to give notice of the occurrence of and termination of such delay,as provided herein, such Owner shall be deemed to have waived its right to an extension hereunder on account of such delay. Notwithstanding the forgoing, in no event shall an event of Force Majeure delay or prevent the payment of any monetary sum due under or in connection with this Declaration. 17.13. Consent and Anmwals. Wherever the consent, approval,judgment or determination of a Declarant or Owner is required or permitted under this Declaration and no express standard is specified (e.g., "reasonableness"), the party required to act shall exercise its business judgment in good faith in granting or withholding such consent or approval or in making such judgment or determination. If it is determined that such party failed to give its consent where it was required to do so under this Declaration,an Owner affected by such denial of consent shall be entitled to injunctive or declaratory relief but shall not to be entitled to monetary damages or to terminate this Declaration for such failure. The review and/or approval by a Declarant of any item 27 or matter to be reviewed or approved by such Declarant under the terms of this Declaration shall not impose upon such Declarant any liability for the accuracy or sufficiency of any such item or matter or the quality or suitability of such item for its intended use. Any such review or approval is for the sole purpose of protecting the Declarants' and other Owners' interests in the Shopping Center,and no third parties shall have any rights as a consequence thereof. 17.14. Successors and Assigns. This Declaration shall be binding upon and inure to the benefit of the Owners and their successors and assigns. To the extent a vote or consent of Owners is required under this Declaration,each Owner shall have a vote equal to its Pro Rata Share regarding the exercise of any rights of a Declarant. [signalures to follow] 28 1 i SIGNATURE PAGE TO DECLARATION OF COVENANTS, CONDITIONS,AND RESTRICTIONS AND GRANT OF EASEMENTS IN WITNESS WHEREOF, this Declaration has been executed by the Declarants as of the Effective Date. Wadsworth Meridian,LLC, a Utah limited liability company By: Wadsworth& Sons, I. C, a Utah limited liability ca pany Its: Manager By: Print Name_ ,p t_ sn Its: IV STATE OF UTAH ) SS. COUNTY OF_s_L-. ) The foregoing instrument was acknowledged before me this_AS2t_day of 2020, by 1L..�•e.. , the r-6 b of Wadsworth & Sons, LLC, a Utah limited liability company,the Manager of Wadsworth Meridian, LLC,a Utah limited liability company,and acknowledged to me that said limited liability company executed the same. Notary Public no E T ROMAN 010 $B Notary Pubne-State of Utah commission Number.710419 MY Commission Expires on Mar.24,2024 29 EXHIBIT A TO DECLARATION OF COVENANTS,CONDITIONS,AND RESTRICTIONS AND GRANT OF EASEMENTS (Legal Description of the Shopping Center) A parcel of land:ying in the NE l a of rite NE of Section 5-Towa%hip 3 Noith-Range I East,Boise Meridian_<-da Cournt r.Idaho_said parcel i s also 1mosvr,as Parcel B of Record of Sursey fi:o. 641S,reco.ved Febr-mnr I3_'004 a.Irutrtuneur No. 104016722.of Dffrcial record-.lmg atat+re particalariz described as CG>5£.UENCING at a found brass cap marking the Northtas:r corner of said Section 5.Township 3 North, Range 1 East.Boise MeridiarL Ada Counti.Idaho-said brass cap beans North 89'39'20"East 2656.46 feet from a set 5iV iron pin marking tlae North quarter corner of said Section 5-said brass cap also bear.;North ora'00'00-West 2611.41 feet(folme-ly 2611.50 feet,from a found brays;cap niarking the East guaxtex corner of said Section`; Thence South 00 0-:10' Enst 4.00-00 feet along the East batmdaqy of the sai4 INN fa-of the ItiE �s of Section 5 to a point. Thence North 84'''06'00"*West tfwrmerly North S3"27'4� Vest and North 84-04'West)5i?9 feet to a set 5,'S-iron put ivine on the`vL'estezly right-of—way of State.High a r 55(Eagle Road). Diet pin ai.o wafting the REAL PONT OF I3EGL---�FNWG, Thence coatiuumg North 34'06;0-West(formerly North 84'04' Vde 1)4'3.?0 feet to a set S--iron gin: Thence North 81'54'00 Are5.t24.72 feet to a set 5:5-iron pin-- Thence North 01'01'59"rant forme&, No tit.1'24-39--East J16.81 feet);:19.26 feet to a foaurd 5.4-iron pint lFirr.?on the Soothed t-right-of-way of is stick Road: Thence North 39'39,20'-Ea,t 4 1,31 feet along the said Southerly right-of-way of Ustick Road to a set 5:8- iron pia marlaug the right-of-way intersection of:said L'stick Road and said State Hiebwav 55(Eagle road), Thence South 01'14139-'West 359.56 feet along the sand= e_-terry right-of-wa.-of State H4-' lawz 55(Eagle Read)r,--the POINT OF BEGR-D�G. EXCEPTNG THEREF'RO1£ a parcel of land beitag a portion of that tract*of!and as described is V4'.marattr Deed IsaFtsrusaent No. 10644)35 12,Ada County Record-5, said parcel being sitcated in the'NE ti of the''47 of Section.5_Township 3 Noah Range 1 East.$vise meridian.Ada C'aur'ts-Idaho,is More Particularly described m follows: C(]14CvIF.NCD G at the Northeast corner of<,=d Section 5: Thence alaug the North lure o "said cectioa North 89=44'39--We-at,42.45 feet, Thence leaving said section line South 01-50-34"West,2v5_00 fee.tag the Northea<.;i corner of said tract being the POINT OF BEGINNi : 0, Thence conti�alonff the East haae of�,aid tract South 01' 0'347'W est-b+90:get; Thence lea, ,aid East lint Nook 43'54-11"West.45.83 feet to a point being 56.00 feet South of the North line of stud Serb n St* Thence slctax a luxe parallel-with and 56.00 feet South of,aid section ixe North 89'44'39"Vest- IS1.46 fet: Thence leaving said parrallee line North 85` 5746-West- t80. 7'feet: Thence North 33''47'15"':Kent. 5S.01 feet to tine W nr h ae of laid tract; Thence along:aid Wv—a lime Notch 01'41-54--East_ 16.45 feet to a point being'i_{70 feet Sotsdi of the North Ime of said Sec ticu 5: Thence along aline parallel with and 15.00 feet South of maid wtioa hne South 99`44'39'-East 45 1,St7 feet t�.the PoNi OF EEGrNNNG. Exhibit A EXHIBIT B TO DECLARATION OF COVENANTS,CONDITIONS,AND RESTRICTIONS AND GRANT OF EASEMENTS (Site Plan for the Shopping Center) 1-11 -T rm T.Trru Ly.1-1,1-L -rTTTIT-r- P Pad 1 pad 2 2 CL PP Shops Pad 4 Pa d 3 Exhibit B EXHIBIT C TO DECLARATION OF COVENANTS,CONDITIONS,AND RESTRICTIONS AND GRANT OF EASEMENTS (Subdivision Plat of the Shopping Center) [To Be Recorded by Declarant Following the Recordation of this Declaralion] ADA COUNTY RECORDER Phil McGrane 2020-075458 BOISE IDAHO Pgs=19 BONNIE OBERBILLIG 06/19/2020 02:59 PM PIONEER TITLE COMPANY OF ADA COUNTY $64.00 RfC'ORDhV'(, REO(IIiSTJ_,'D BYi1 VI) B"HE'N RLCORD D RETURN TO: ..,,.,,.., (Space Above For Recorder's Use) MUTUAL CROSS-ACCESS EASEMENT AGREEMENT This Mutual Cross-Access Easement (",Abreement") is made effective this -I� r� / 2020, by and between WADSWORTH MERIDIAN, LLC, a Utah limited liability company, and/or its assigns ("Wadsworth"), and SADIE CREEK COMMONS LLC, an Idaho limited liability company ("Sadie Creels"), Wadsworth and Sadie Creek may be referred to hereinafter collectively as the "parties," or individually as a "party," as the case may be. RECITALS: A. Wadsworth owns or has rights to acquire that certain property near the corner of Eagle Road and Ustick Road in Meridian, Idaho as more fully described in Schedule I which is attached hereto and incorporated herein ("Wadsworth Property"), and depicted on Exhibit A which is attached hereto and incorporated herein; B. Sadie Creek is the owner of that certain property near the corner of Eagle Road and Ustick Road in Meridian, Idaho, as more fully described in Schedule 11, which is attached hereto and incorporated herein ("Sadie Creels Property") and depicted on Exhibit A which is attached hereto and incorporated herein; C. The parties desire to create a permanent access driveway easement in the area more fully described in Schedule III and depicted on Exhibit A which is attached hereto and incorporated herein (the "Permanent Service Drive") and grant general rights of cross access across the Wadsworth Property and the Sadie Creek Property east of the Permanent Service Drive on the terms and conditions set forth herein (the "Easements"). AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as Follows: 1. Recitals. The parties hereto repeat herein by this reference Paragraphs "A" through "C" above, inclusive, as if said Paragraphs were set forth herein in full. MVVUAL CROSS-ACCESS EASEMENT- I 47134.0021,121989721 2. Term. The term of this AS�reCl1lt Cht shall be l7e['pCtLlal. 3. Grant, 3.1 Wadsworth hereby grants Sadie Creek a non-exclusive perpetual access easement over, on, across, that portion of the Wadsworth Property within the boundaries of the Permanent Service Drive and over that portion of the Wadsworth Property which is from time to time developed and used by Wadsworth for use by vehicular traffic (excluding parking areas, drive- thru lanes, loading zones, or similar areas). 3.2 Sadie Creek hereby grants Wadsworth a non-exclusive perpetual access easement over, oil, across, and through the Sadie Creek's Property within the boundaries of the Permanent Service Drive and over that portion of the Sadie Creek Property east of the Permanent Service Drive which is from time to time developed and used by Wadsworth for use by vehicular traffic (excluding parking areas,drive-thru lanes, loadingzones,or similar areas). 4. Purpose of Easement. The Easements created Hereby shall be used for ingress and egress for pedestrian travel and vehicular travel by the parties and their successors and assigns and their respective representatives, customers, invitees, and agents. No parking of any vehicles shall be permitted on the easements granted Easement and no rights of cross parking are granted by this Agreement. 5. Construction. 5.1 Permanent Service Drive. Eisler Party may elect to construct the permanent improvements related to the Permanent Service Drive("Constructing Party") in accordance with plans and specifications to be prepared by the Constructing Pauly, and a construction contract for the construction of the improvements by a qualified third party to be prepared by the Constructing Party, subject to the reasonable approval of the other party, and prior to the start of any improvements, temporary or permanent (the "Non-constructing Party"). The Non- Constructing Party shall pay to the Constructing; Party its Pro-Rasa Share (defined as 50% in the case of Wadsworth, and 50% in the case of Sadie Creek) of all of the approved costs to construct the permanent improvements related to the Permanent Service Drive within 30 days of its receipt of written notice of completion of the same from the Constructing Party as well as lien waivers related to the construction. Prior to construction of the permanent improvements required to create the Permanent Service Drive, either party, at its own expense may construct temporary improvements across the area within the Permanent Service .Drive in order to utilize the same. All construction of the improvements to [lie Permanent Service Drive under this paragraph shall be performed by licensed contractors in accordance with all applicable laws and rules and regulations, and shall be warranted against defects against materials and workmanship for a period of one year from completion. 5.2 Lien in Favor of Constructing Party. There is hereby created a claim of lien with power of sale on the Wadsworth Property and the Sadie Creek Property to secure payment of the obligations of the Non-Constructing Party pursuant to this Agreement together with interest thereon at twelve percent(12%) and all costs of collection which may be paid or incurred by the Constructing Party in connection therewith, including reasonable attorney's tees. Upon a default MU UAL CROSS-ACCESS EASEMENT-2 47134.0021,12199972.1 by the Non-Constructing Party in the payment of any sum due hereunder, the C011ARICting Narty may cause to be recorded in the office of the County Recorder a claim of lien. The claim of lien shall state the amount of such delinquent sums and other authorized charges (including the cost of recording such claim of lien), a sufficient description of the property against which the same have been assessed, and the name of the record owner thereof. Upon payment to the Constructing Party of all delinquent sums and charges, the Constructing Party shall cause to be recorded a notice stating the satisfaction of such delinquent suns and charges. Such lien may be foreclosed by appropriate action in court or other person authorized to make the sale. Such sale shall be conducted in accordance with the provisions of the Idaho Code applicable to the exercise of powers of sale permitted by law. Upon the determination of which party is the Constructing Party, the Non-Constructing Party agrees to release the lien on the Constructing Party's property upon the request of the Constructing Party. Upon satisfaction of the Non-Constructing Party's obligations set forth in Sections 5.1 and 5.2, the Constructing Party agrees to release the lien on the Non-Constructing Party's property upon the request of the Non-Constructing Party. Each party agrees to subordinate the foregoing lien upon the request of the other party, to a lender who has, or is obtaining a first lien position on the requesting party's property. 5.3 Other Construction. The cost of the construction of improvements on easements outside of the Permanent Service Drive shall be borne by the owner of the property on which such easements are located. b. Relocation Reservation/Access Point. The easements outside of the Permanent Service Drive created hereby are being granted prior to the development of the Wadsworth and Sadie Creek Property. Wadsworth and Sadie Creek have no obligation to make improvements upon their respective property for such easements. Once constructed, Wadsworth hereby reserves the right to relocate the easements outside the Permanent Service -Drive upon the Wadsworth Property after the development of the Wadsworth Property. Once constructed, Sadie Creek hereby reserves the right to relocate the easements outside the Permanent Service Drive upon the Sadie Creek Property either before or after the development of the Sadie Creek Property. Notwithstanding the foregoing, the parties agree that upon development of their respective parcels they shall each extend a paved drive aisle to the point of the Permanent Service Drive designated on Exhibit A as the access point ("Access Point") which shall be connected with the other drive aisles on such party's parcel, and thereafter, in the event of any relocation outside of the Permanent Service Drive, each party shall be obligated to maintain a paved drive aisle which connects to the Access Point and which shall be connected with the other drive aisles on such party's parcel. 7. Each party reserves the right on their respective property to use ally of the areas encumbered by the Easements and grant additional easements over the area subject to the Easements (including but not limited to utility and drainage easements) so long as the same do not conflict the terms of this Agreement. 8. Maintenance. Once constructed, each party shall, at its own expense. insure, maintain, repair and replace any improvements situated within the Easements to the extent such improvements are located on such party's property, including, without limitation, sweeping, seal coating and snow removal and the like; provided, in each instance, the parties shall use M I ITUAL CROSS-ACCESS EASETVI.EVT-3 4713 4.0021.12198972.1 reasonable efforts with one another to coordinate the timing of the performance of such maintenance activities. 9. Easement Obstructions. No fence or other barrier shall be erected or permitted within or across the respective Easements which would prevent or obstruct the passage of pedestrian or vehicular travel; provided, however, that the foregoing shall not prohihit (i) the temporary erection of barricades which are reasonably necessary for security and/or safety purposes in connection with the construction, reconstruction, repair and maintenance of improvements, on the Wadsworth or Sadie Creek Property, including but not limited to utility work, it being agreed by the parties however, that all such work shall be conducted in the most expeditious manner reasonably possible to minimize the interference with the use of the respective Easements by Wadsworth and Sadie Creek, and such work shall be diligently prosecuted to completion, or (ii) the construction of limited curbing or other forms of traffic controls along the outer perimeter of the respective Easement. Wadsworth and Sadie Creek respectively, reserve the right to close off the respective Easements for such reasonable period of time as may be legally necessary to prevent the acquisition of prescriptive rights by anyone; provided, however, that prior to taking such action, the parties shall give written notice to the other of its intention to do so, and to the extent reasonably possible, the parties shall coordinate such closing so that the interruption in the use and enjoyment of the respective Easements are kept to a minimum. 10. Binding on Successors. The easements created hereby shall be binding on the heirs, successors,administrators, executors and assigns of all parties hereto and shall run with the land. .11. Counterparts. This Agreement may be executed in counterparts, each part being considered an original document,all parts being but one document. 12. Indemnification. 12.1 Sadie Creek agrees to indemnify, defend and hold the Wadsworth, and its successors, assigns and agents harmless from any and all claims, liability, losses, costs, charges, or expense that arise from their respective use or use by their respective customers, agents, contractors, employees, invitees,or representatives of the easements granted in this Agreement. 12.2 Wadsworth agrees to indemnify, defend and hold the Sadie Creek, and its successors, assigns and agents harmless from any and all claims, liability, losses, costs, charges, or expense that arise from their respective use or use by their respective customers, agents, contractors,employees, invitees, or representatives of the easements granted in this Agreement. 12.3 The provisions of this Section shall survive any termination of this Agreement. 13. Remedies. In the event of a breach hereunder by any party, the non-breaching party shall have all remedies available at law or in equity, including the availability of injunctive relief. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees and disbursements. M UTUAL CROSS-ACCESS LASEMEN'r-4 47134.0021,12198972.1 14. Insurance. shall at all times provide and maintain or cause to be provided and maintained commercial general liability insurance with broad form coverage (including broad form property damage coverage) insuring their use of the Easements with respect to bodily injury, death or property damage or destruction in an amount not less than $2,000,000 for personal injury or bodily injury or death of any one person, $2,000,000 for personal injury or bodily injury or death of more than one person in one occurrence, and $500,000 with respect to darnage to or destruction of property; or, in lieu of such coverage, a combined single limit (covering personal injury, bodily injury or•death and property darnage or destruction)with a limit of not less than $2,000,000 per occurrence. Said insurance shall be written with an Ensurer licensed to do business in the state in which the property is located and having rating of at least A-/ViTI in the then current edition of Best's insurance Guide. Each party shall furnish the other party (and their tenants upon request) with a certificate evidencing such insurance upon request. The insurance which a party is required to maintain hereunder may be provided under a blanket policy provided such policy otherwise complies with the requirements of this Agreement. If the limits of such insurance become inadequate due to the changes in overall price level or the size of claims being experienced, the limits shall increase to provide adequate coverage for the Easements in accordance with limits for similarly situated and comparable drive aisles. The parties shall review the insurance limits every five (5)years to determine whether the insurance limits are adequate and negotiate what insurance limits should be required under this section. Any increased insurance limits agreed to the parties shall be memorialized in an agreement between all of the parties and binding on the parties as if the increased limits were set forth originally in this Agreement. 15. Estoppel Certificate. The parties, upon request by the other, will execute and deliver to the other an estoppel certificate setting forth the status of the performance of this Agreement, whether or not the executing party knows of any default under the Agreement, and such other matters as are reasonably requested by the requesting party. The non-requesting party shall have twenty (20) days from its receipt of said estoppel certificate and/or other related documentation to complete and deliver an executed document(s) to the requesting party. 116. Limited Representations and 'Warranties. Each Party represents and warrants to the other Party that it is the owner of its respective property affected by this Agreement, that it has authority to grant the easements herein without the need for any notice to, consent of or subordination by, any other person or entity, and that such easement is and will be flee and clear of all liens, encumbrances and restriction except those appearing of record. 17. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the easement to the general public, or for any public use or purpose whatsoever, it being the intention of the Parties hereto that this Agreement be strictly limited to and for the purposes herein expressed. The right of the public or any person to make any use whatsoever of the Easements herein affected, or any portion thereof (other than any use expressly allowed by a written or•recorded map, agreement, deed or dedication) is by permission and subject to the control of the Parties hereto. Notwithstanding any other previsions herein to the contrary, either Party may periodically restrict ingress or egress from; the Easements herein described in order to prevent a prescriptive easement from arising by reason of continued public MUTUAL CROSS-ACCESS EASEMENT-5 ,17 l3 d,002 L.12 r 98972.1 use. Any restriction on ingress and egress shall be limited to the minimum period necessary to prevent the creation of a prescriptive easement and shall occur at suclr at, time as to have a minimum efieet on the Parties. 18. Amendment. This Agreement can only be amended, modified or terminated by a written instrument, signed by all parties awning a fee interest in any portion of Wadsworth Property or the Sadie Creek Property. Any such amendment shall be recorded at the office of the Ada County Recorder. However, nothing herein shall be deemed to prevent either Party from making changes to its property only, so long as such changes do not materially and adversely affect the easements and rights granted herein. 19. Not a Partnership; No Third Party Rights. The Parties do not by this Agreement, in any way or for any purpose, become partners or joint venturers of the other Party in the conduct of their respective businesses or otherwise. The provisions of this Agreement relating to the granting of easements are solely for the purpose of providing ingress and egress as provided herein. This Agreement is not intended to create, not- shall it be in any way interpreted or construed to create, any third party beneficiary rights in any person not a party hereto. 20. Notices. All notices, demands and requests required or desired to be given under this Agreement must be in writing and shall be deemed to have been given as of the date such writing is (i)delivered to the party intended; (ii) delivered to the then current address of the party intended, or (iii) rejected at the them current address of the party intended, provided Such Writing was sent prepaid. The initial address of the signatories hereto is: Sadie Creek: L,andBaron Investments Attn: Robert R. Black Jr. 10789 W. Twain Ave. Second Floor 702-851-3999 Telephone rblack@ andb4roninv.com Ltnail Wadsworth: Wadsworth Acquisitions, LLC Attn. Roman Groesbeck 166 C. 14000 S., Suite 210 Draper,UT 84020 (801) 748-4088 Telephone r=n@wadsdev.coip Email Upon at least ten (10) days' prior written notice, each parry shall have the right to change its address to any other address within the United States of America. [This space inlenlionally left blank .Signcrrtrres crppeur nn following page.] MUTUAL CROSS-ACCESS EASEMENT-6 47134,0021.12198972.1 IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day and year first written above. WADS WORTH: WADSWORTH MERIDIAN, LLC, a Utah limited liability company and/or its assigns By: Wadsworth& Sons, LLC, a Utah limited liability company Its: Manager By: _ Name: Its SADIE. CREEK: SADIE CREEK COMMONS LLC, an Idaho limited liability company By: Nam .- 14 M UTUAL CROSS-ACCESS EASEMENT-7 4713 4.0021.12198972.1 STATE OF UTAH ) ss. COUNTY OF SALT LAKE ) On this._ day of , 2020, before nie, a Notary Public within and for said County, personally appeared to me personally known, being first by nee duly sworn, did say that he is the of Wadsworth & Sons 11I, LLC, Manager of Wadsworth Acquisitions,LLC, a Utah limited liability company. NOTARY PUBLIC Residing at My Commission Expires STATE OF NEVADA ) ) ss. County OF CLARK ) On this t lffay of h� , 20_W before me , personally appeared tcj-T1? , known or identified to nac (or proved to me on the oath of , to be one of the members or managers of the limited liability company of SADIE CREEK COMMONS LLC, an Idaho limited liability company and the member or manager who subscribed said company name to the foregoing instrument, and acknowledged to me that [he/she] executed the same in said company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.. AntwBedwd� N TAI�Y I'UI3L1C rQR N1 VADA L✓ STATE OF[EOM Residing at tall 1r,f- '`'i�Y+1a.,r�A/,- Z 1 c W AppL No. �� ✓1 l L7„My Commission Expires: � _T_ MUTUAL CROSS-ACCESS EASEMENT-8 47134.0021,12198972.1 IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day and year first written above. WADSWORTH: WADSWORTH MERIDIAN,LLC, a Utah limited liability company and/or its assigns By: Wa rth & Sons, LLC, a Utah limi liability company Its: Manager ��• By: Name: Its-t SADIE CRE K: SADIE CREEK COMMONS LLC, an Idaho limited liability company By: Name: Its .�. ,._.. .. MUTUAL CROSS-ACCESS EASEMENT-7 47134.0021.12198972.1 STATE OF UTAH ) ss. COUNTY OF SALT LAKE ) On this lb'`�`�day of �� , 2020, before me, a Notary Public within and for said County, personally appearedfib,_j } to me personally known, being first by me duty sworn, did say that he is the GjEe? of Wadsworth & Sons, LLC, Manager of Wadsworth Meridian,LLC,a Utah limited liability company, EIRTROMAN GROESBECK NOTARY PUBLIC Notary Public-State of Utah Residing Ct _ Camm g atisslon Number;710419 ��'C mrNal on Expires on My Commission Expires 2424 STATE OF 1DAHO ) ) ss. County of ) On this day of , 20, before me personally appeared known or identified to me (or proved to me on the oath of , to be one of the members or managers of the limited liability company of SADI(E CREEK COMMONS LLC, an Idaho limited liability company and the member or manager who subscribed said company name to the foregoing instrument,and acknowledged to me that[he/she]executed the same in said company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires MUTUAL CROSS-ACCESS EASEMENT-8 47134,0021.12198972.1 Schedule I Wadswmdfs Properly L,egaL escription A parcel of land lying in die NE is of the NE`ta of Section 5.Township I North,Range 1 East,Boise Meridian,Ada County,Idaho,said liurcel is also known as Parcel 8of Record of Survey No.6418.recorded I ebruam 13,2004 as Instrument No. 104016t722,of otlicial records,king more patlicularly described as follows, COMMENCING at a found brass cap marking the Northeast corner of said Section 5,TmAinship 3 North, KWe I East,Boise Meridian,Ada Coutny, Idaho,said brass cap bears North 89039'2[r"Fast 2656A6 feet from a set 518"iron pin marking the North quarter comer of said Section 5,said brags cap also bears North t70'00'(XY'West 2611.41 fret(formerly 2611,50 feet)from a found brass cap marking the East quarter conger ofsaid Scelkin 5; Thence South€0100*00"F:atit 400.00 feet along fie Fast boundary of the said NE 14 of the NE 'tA of Section 5 to a point; Thence North 84°06'00" West(formerly North 93a27'47"~'Vest and North 94`04'West)51.29 feet to a set 5'8"iron pin lying on the Westerly right-of-way of State Highway 55(Eagle Road).said pin also marking the REAL POINT OF BEGINNING; Thence continuing North 84606'00"West(formerly North 94 04' West)428.70 feet to a set 5r'8"iron gin; Thence North 81°54'00"Wcsl 24,72 feet to a yet 5/8•'iron pill; Thence North 0l`'05'59"East(lornterly Notch 1°24'39"bast 316.81 feel)319.26 ti,ct to a found 5/8"iron{tin lying on the Southerly right-of-way of bstick Road; Thence North 89"39'20"Cast 452,81 feet along the said Southerly right-of-way of Us€ick Road to a set 5/8" iron pin marking the right-of-way itntenscction of said Ustick Road and said State highway 55(Eagle Road): Thence South ql'14'39"West 369.56 feet along the said Westerly right-of-way of State Highway 55(Eagle Road)to the POINT OF 8EGINNING, F,XOF.PT N'G THEREFROM a parcel of land being it portion of that tract of land as described in Won ante Deed Instrument No. 106009522,Ada County Rrcords,said parcel heing situtated in Site MI:'/4 of the NE';")f Section 5,Township 3 North.Range t East,Boise Meridian,Ada County, Idaho,is more particularly described as follows: COMMENCING at the Nortlicast corner of said Section 5. Thence along the North line of said section North 89°4.4'39"West,42,45 feet: ''Thence 10aving said section line South Ql=5p'34"WcsE.25.00 ruct to the Northeast corner orsaid tract being the POINT OF REGINNING, Thence rontinuing along Live l aM line of said tract South 01 050'34"West',63:90 feet: Thence leaving said Ease ling North 43°5W 11"West,45.83 feet to a point being 56.00 feet South of the North line of said Section 5; Thence along a line pamllcl with and 56,00 feet South of said section line North 89°44'39"West. 18140 feet, Thence leaving said parallel line Narth 85n25'46"West, 180.57 feet: Thence Notch 88°4715"West,58,01 fkci to tite West line of said truer; Thence along said lVest lino North 01"41'54"T act, 16.45 feet torn plaint bt.ing 25.{l0 feet South of the North line of said Section S. Thence along a line parallel with and 25.00 feet South ufsaid section line South 89144'39"East,452.80 feet to the POINT OF BEGINNING. M UTUAL CROSS-ACCESS EASE:M1I ENT-9 4 713 4.002 l.1219 8972.1 i Schedule It Sadie Creek`s Property A parcel of land located in Government Lot 1 in the Northeast one Quarter of section 5,Township 3 North,Range 1 East,Boise Meridian,City of Meridian,Ada County,Idaho,being more particularly described as follows: Commencing at the Northeast Corner of Section 5 of said Township 3 North, Range 1 East,(from which point the North Quarter Corner of said Section 5 bears South 89"39'20"West,2656.46 feet distant); Thence South 89'39'20"West,a distance of495.33 feet on the north line of said Section 5; Thence South 01"05'59"West,a distance of 41.45 feet to a point on the easterly boundary line of that Parcel as described in Warranty Deed Instrument Number 2017.094272 of Ada County Records,and on the southerly right-of-way line of East Ustick Road,said point also being the POINT OF BEGINNING; Thence South 01°05'59"West,a distance of 302.81 feet on the exterior boundary tine of said Warranty Deed parcel; Thence South 810 54'00"East,a distance of 24.72 feet on the exterior boundary line of said Warranty Deed parcel; Thence South 84°06'00"East, a distance of 428.70 feet on the exterior boundary line of said Warranty Deed parcel to the Northeast Corner of Parcel C as described in Warranty Heed Instrument Dumber 2017-094272 of Ada County Records,said point being on the westerly right- of-way line of North Eagle Road; Thence South 01'14'39"West,a distance of 276.81 feet to a point on the Northerly boundary line of Bienville Square Subdivision,as same is shown on the Plat thereof, recorded in Book 102 of Plats at Page 13495 of Ada County Records; Thence North 83'54'00"West,a distance of 510.21 feet on said Northerly boundary line; Thence North 71'28'10"West,a distance of 803.90 feet on said Northerly boundary line to a point on the East boundary line of Carol's Subdivision No.a,as same is shown on the Plat thereof,recorded in Hook 39 of Plats at Page 3248 of Ada County Records; Thence North 00'15' 11"West,a distance of 305.79 feet on said East boundary line to a point on the Southerly right-of-way line of East Ustick Road; Thence on said Southerly right-of-way line of East Ustick Road for the following courses and distances; Thence North 89"39'20" East,a distance of 125.16 feet; Thence South 45'58'a5"East,a distance of 40.04 feet; Thence North 894 39'20"East,a distance of 59.00 feet; Thence North 44"47'01"East_,a distance of 53-86 feet; Thence North 89"39'20"East,a distance of 374.57 feet; Thence South 89`29'16"East,a distance of 206.36 feet to the POINTOF BEGINNI The above described parcel contains 11.38 acres more or less. M U'T UAL CROSS-ACCESS EASE ME,NT- 10 47134.0021.1219 8972.1 Schedule fil Legal Description of Permanent Service [give An easement located in Government Lot 1 in the Northeast Quarter of Section 5,Township 3 North, Range 1 East, Boise Meridian,City of Meridian,Asia County,Idaho, being more particularly described as follows: Commenting at the Northeast Corner of Section 5 of said Township 3 North,Range 1 East,(from which the North Quarter Corder of said Section 5 bears South BV39'20"West,2656.46 feet distant); Thence from said Section Corner,South 89039'20"'West,a distance of 495.33 feel on the north line of said Section 5; Thence South 01"05'59"West,a distance of 41.45 feet to a point on the southerly right-of-way line of East Ustiek Road,sald point being the Northeast corner of Parcel "E', as shown on Record of Survey Number 11747 of Ada County Records,said point being the POINT OF BEGINNING; Thence South OP 05' 39"West,a distance of 302.81 feet on the east line of said Parcel"E"; Thence South 81"54'06"East,a distance of 24.71 feet; Thence South 84'06'00"East,a distance of 6.32 feet to a point of curve, Thence leaving said east parcel line,9.08 feet on the arc of a curve to the right,.said curve having a radius of 121.60 feet,a central angle of 04'16'39", a chord bearing of South 29'38'40"East, and a chord length of 9.08 feet; Thence South 31'49'01"West, a distance of 5.86 feet to a point of curve; Thence 28.16 feet on the arc of a curve to the right,said curve having a radius of 116X0 feet,a central angle of 13'50'22", a chard bearing of South 19'07'02" East,and a chord length of 28.10 feet; Thence South 12'11'51"East, a distance of 34.62 feet; Thence South 14'31'19"East,a distance of 67,31 feet; Thence South 14'31'19" East,a distance of 67.31 feet; Thence South 14'31' 19" East,a distance of 5129 feet to a point of curve; Thence 41.54 feet on the tare of a curve to the right,said curve having a radius of 115.50 feet,a central angle of 20"36'23",a chord bearing of South 04' 13'07"East,and a chord length of 41,32 feet, Thence South 06"23'24"West,a distance of 29.12 feet to a point of curve; Thence 2.74 feet on the arc of a curve to the left,said curve Having a radius of 29.00 feet,a central angle of 054 2S'07",a chord bearing of South 03"22'31"West,and a chord length of 2.74 feet; Thence South 00"39'S7"West,a distance of 0.95 feet to a point on the northerly right-of-way line of East Picard Lane(Private); Thence North 83'54'00"West,a distance of 30.21 feet on said northerly right.of-way line to a point of curve; M LITUAL CROSS-ACCESS EASENI EN'r- 11 47134.0021.12198972.1 Thence leaving said northerly right-of-way line,7.25 feet on the arc of a curve to the left,said curve having a radius of 14,50 feet,a central angle of 28'39'28",a chord bearing of North 20' 24'48"East,and a chord length of 7.18 feet; Thence North 06'05'04" East,a distance of 25.38 feet to a point of curve; Thence 15.46 feet on the arc of a curve to the left,said curve having a radius of 43.00 fleet,a central angle of 20'36' 23",a chord bearing of North 04'13'07"West,and a chord length of 15.38 feet; Thence North 14'31' 19"West,a distance of 92.13 feet; Thence North 14'31'18"West,a distance of 103.14 feet to a point of curve; Thence 46.15 feet on the arc of a curve to the left,said curve having a radius of 84.10 feet,a central angle of 31'26`41",a chord bearing of North 30'14'39"West,and a chord length.of 45.58 feet; Thence North 01'Oa'59"East,a distance of 246.21 feet; Thence North 02'12'25"West,a distance of 25.14 feet to a point of curve; Thence 46.81 feet on the arc of a curve to the left,said curve having a radius of 29.58 feet,a central angle of 90'40'22",a chord bearing of North 44'23'17"West,and a chord length of 42.08 feet; Thence North 00'36'q4" East,a distance of 9.60 feet to a point on the southerly right-of-way line of East U5tick Road; Thence South 89'2.3' 12"East,a distance of 45.52 feet on said southerly right<of-way line,to tl POINT OF BEGINNING. MVIVALC:ROSS-ACCESS EASEMENT- 12 4 7134.0021.12198972.1 NORTHEAST CORNER FMTH IN CORNER SECIV 3 SECTION5 F.3N..RAL,a-M. F.3N,R.,E,B F,. 1 FVIV FVW F0V A0.5Fi OF Mffi 9 V S V 5,33 B. us ICK POAV S8913MIW 2sse.ns F.Q , T 2,8F,17 LI t0B f8S.37 �;�tk. .I •BfA. $S l ,# u — L77 � r r j � swtivuLerctw,eRIaRLE ! •ot 1 RE TRUSL , t21 1r frAflE CREEK COMM LLC � r r„9 IA � x Ls LUMM rRrzo321 AO x,svEersaEr} r, Lp t_ f f ark `l '� �Lr3 Lip ri Lit SEMN S T.3N„R.IE,8.R, MLJ,rUAL CROSS-ACCESS EASE:1b FN't'- 13 47134M21.12198972.[ Line Table Curve Table LINE BEARING LENGTH CURVE LENGTH RADIUS DELTA CHORD REARING CHORD LENGTH L1 501' 59"W 41.45' C1 9.08' 121.60' 4'16'39" S29'38'40"E 9.08' L2 S01'05%V 302.6P C2 28.16' 116.60' 13°5022" S19°07'02"E 28.10' L3 S81'S4%1 24.71' C3 41-54' 115.50' 20'3623" SO4"1310711E 41.32' L4 S84'08'On 6.32 C4 2.74' 29.00' 515V S03°2231'W 2.74' L6 S31'49' m 5.86' G5 794' 14.50' 28'39'26" N20'2448'E 7.1B' L6 S12°11'51'E 34.62' C6 15.46' 43.00' 2p°3V3' 1104'131)7W 15.36 L7 S14"31191 67.31' G7 46.15' 84.1(r 31'26'41" N30'14'39"W 45.58' L8 S14'31'191 67.31' C8 46.81' 29.56' 90'4022" N4413'17"W 42.00 L9 I S14'31'191 5.29' L I O SO6'2nM 28.12' L11 S00''3"7"W 0.95' 02 N83154" 30.21' L13 N06'05'04T 25.38' L14 N14131'191W 91.13' M N14'31118'W 103.14' L16 NO1°OS1591E 246.21' L17 N0V 1225 W 25.14 L18 NOO`36'441 9.60' L19 560°23' I 45.52' MUTL)AL CROSS-ACCESS EASENIENT-14 4 713 4.0021.12198972.1 An easement located in the Government Lot 1 in the Northeast Quarter of Section 5,Township 3 North, Range 1 East,Boise Meridian,City of Meridian,Ada County, Idaho,being more particularly described as follows: Commencing at the Northeast Corner of Section 5 of said Township 3 North,Range 1 East,(from which point the North Quarter Corner of said Section 5 bears South 89'39'20"West,2656.46 feet distant); Thence from salad Section Corner,South 89'39'20"West,a distance of 495.33 feet on the North line of said Section 5; Thence South 01"05'59"West,a distance of 41.45 feet to a point on the Southerly right-of-way line of East Ustick Road,said point being the Northeast corner of Parcel"E',as shown on Record of Surrey Number 11747 of Ada County Records,said point being the POINT OF BEGINNING; Thence South 99'23'.16"East,a distance of 40.76 feet on said Southerly right-of-way lime; Thence leaving said southerly right-of-way line,South 38'12'30"West,a distance of 16.62 feet; Thence South OW 12'44"West,a distance of 6,33 feet; Thence South 61'33'48"West,a distance of 11.78 feet; Thence South 03'23'23"West,a distance of 39.58 feet; Thence South 01'05'S9"West,a distance of 210.71 feet to a point of curve; Thence 27.77 feet on the arc of a curve to the left,said curve having a radius of 44.50 feet,a central angle of 356 45'37",a chord bearing of South 16'46'S0"East,and a chord length of 27.33 feet; Thence South 33'13'19"East,a distance of 6.11 feet to a point on the Northerly boundary line of Parcel"E"of said Record of Survey 11.747; Thence North 84'06'00"West,a distance of 6,32 feet on said Northerly boundary line; Thence North 81'54'00"West,a distance of 24.72 feet on said Northerly boundary line; Thence North 01'05'S9"East,a distance of 302.81 feet the POINT OF BEGINNING. The above described area contains 0.14 acres more or less, MUTUAL CROSS-ACCESS EASE 1IENT- 15 47134.0021.12198972.1 1i otf*Mr COMA NQRTH 1A CORNER SECTMIN 5 SECTI0115 TIN.Il M.8 AS, T.M.R.1E.,8 M 1 •WVt R+W---^-^- '""--B1 M Of UAPoMd'W F. CISTlCK f20A11 _ _ S89192"SMUG'TM AL M. w. Y481.13' L2 495.33' T SF..ix 55 1 4 Foe 14 t is E I I L6 i MnACCtJiGSfEMW =+ I, AMM-0144 Ac COWS SM9.) r !� BAQIECRf comet Lc r I SONaAliklrCltARR ; 1 g 1 I T i►RnAuM TRusY } x� -- ►+u+ , x un ► ` � MI ! in f 11 I I i 1 ! I! ! EAST T14OWWR SEGAON 5 TAN.,AIL B.M. Line Table LINE BEARING LENGTH L1 N01'05191 41.45' LZ S89'23161 40.76' L3 638'1r30'W 16.62' L4 S00112'44V 6,33' LS S61'33'48 W 11.78' L6 S032r'23 W 39.50' L7 S01°05'99M 210.71' L8 S33'ITIVE 6.11' L9 NB406C09V 83r L10 W54'0 V 24.72' L11 NIMBI 302.81' Curve Table CURVE LENGTH RADIUS DELTA I CHORD BEARING CHORD LENGTH CS Z7,77' 44.50 1 35 637 S1T46'S0 E I 27.33' MUTUAL CROSS-ACCESS EASEMENT-16 47134.0021.12198972.1 yo�['r_� hiiriitpii��e # E :-r..YYry*lilH�ri5iws7'i]RsiaM� � �r'�iri" a` ,•••�`;'`"'"�-^++.c..��w�w�r �?waw..i� !k.�i.p 1i 7rr:.iaYaGl7i�',7�*rYCirkr r•a�rr�r��---- ._ +�rkwr; ti+.�i '.�'• .� i /.Arfs.�+fiw� C [' ■C-11tt�=lMw .a � .rvF w� yj'1 11„� w:w' -rig +w 1 :::n��wiaw'frtr r.r yv 7 • �..� .,�t 1r4�^*J _ t�-�*.'.�RTC^.�fl.r..rs7Mf::'r _ �• �s y` Elf !Z[y 3ra[ Fill.� ' *F�'a w:w74 '0U-2-—4 ! tie i w ' :e ss , 5. ��r rk f■ ■ - Mf iK�i��r1�1��1�11�'L'+�ti_'Ar:»'c..�;'w�.rMli�a"�[NI"'�� ` llfl ■ Ri[t1rR IA�I�R`,:��^d�^!ie:.•': 1��-+� �1.�r► - JIM— r, �1« !! ■ Mite 4'.7i r MIS3 SS I�K � MMf �A�� s� ;��"mot: �.�!•C�fa,R„ ��.m:>_ _ .�,•`�. :,i �� i t� a a�+IMasfIN�lki�:i'''"�' +Malil�Ir■>111� fig',.: 3. if r ■ rrra fff a aMi�#f :*Wig �� ar i.KLm�._�..:.�,:ys�.,-..,� -, X: �M �f�.�� ti� YM.R'� i10 �� Sam �� wfff ■ finIla r4�r�r[�1fA7ia n I�i� �'��F;� M f r1gf f� I><i ! 1{1�i M tR ff! ■ Milo ar�f �}, IrA�R��tx�gigAs+w1. arlow fa� 1090 n fler�r Cling �s R+ a>~ a 1i l - - - _ -ss ��1N.�1 ■��frA!ir��Ita Elr�t i►�s�!:s �� ■ lira M�1t s �t "1 '�•n� f 1S ;`+t■i + 1'k -+"pe, • 1� !r 7 ■1ra ■ iY �.j�'+t y f •- Efi fit'• t � ff!lfli.'�!{��:� it�� Ii1s�Y1iiliRRl� � t# i ir'rirt 7i F74 Ji;'''►raM s w� ,�afrr�rlf•#t•k _ M li# fff�� +iRiR iH* �lfSf �� M �lif .rill flrtSf!'1� tr •^•�_�s��... - •ll�lli��IR�G' frfa Mills ff r 5;��K+J7G�17fw�A � } laim uff, • r r-� LEGAL DESCRIPTION �� C~ r'o',A TH E Page 1 OF 1 r4" 4 M LAND d� GROUP August 30,2019 Project No.: 119025 Wadsworth Meridian PROPERTY DESCRIPTION A parcel of land located in Government Lot 1 in the Northeast One Quarter of Section 5,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the Northeast Corner of Section 5 of said Township 3 North, Range 1 East, (from which point the North Quarter Corner of said Section 5 bears South 89°39'20" West, 2656.46 feet distant); Thence South 00°00'00" East, a distance of 400.00 feet on the East line of said Section 5; Thence North 84°06' 00" West, a distance of 51.29 feet to the Southeast corner of that parcel as described in Deed Instrument Number 2017-119849 of Ada County Records, said point being the POINT OF BEGINNING; Thence North 84°06' 00"West, a distance of 428.70 feet on the Southerly boundary line of that parcel described in said Deed Instrument Number 2017-119849; Thence North 81°54' 00"West, a distance of 24.72 feet on the Southerly boundary line of said Deed parcel to the Southwest corner of said Parcel; Thence North 01°05' 59" East, a distance of 302.81 feet on the exterior boundary line of said Deed parcel to a point on the southerly right-of-way line of East Ustick Road; Thence on said Southerly right-of-way line of East Ustick Road for the following courses and distances: Thence South 89° 23' 16" East, a distance of 58.03 feet; Thence South 86°01'47" East, a distance of 180.57 feet; Thence North 89°39' 20" East, a distance of 181.46 feet; Thence South 44° 30' 12" East, a distance of 45.83 feet to a point on the Westerly right-of-way line of North Eagle Road; Thence leaving the right-of-way line of E. Ustick Road,South 01' 14' 39" West, a distance,of 305.67 feet on the Westerly right-of-way line of North Eagle Road to the POINT OF BEGINNING. The above described parcel contains 3.29 acres more or less. PREPARED BY: The Land Group, Inc. �3 NLL L J a 7880 2 8 3a 2919 0�os James R. Washburn R.W'k 462 East Shore Drive. Suite 100, Eagle. Idaho 83616 208.939.4041 thelandgroupinc.com 0, = :f ��_-; THE ��■ ►` Wadsworth Meridian Subdivision LAND IandproDATA — - GROUP Kristen McNeill * 7m, r E3 Boundaries Counties + - • , f • E3 Parcels R. w � .. Condos Roads ' �f • 171 ' � 1 i Ada CountyRailroad s ZI Ada CountyfRoad Centerline INTERSTATE i;�' a; t xi COLLECTOR ARTERIAL I v rS , .l .t LOCAL _ ► � '" � t H, 1 � � � �� S � , ALLEY ` w Canyon Cour tyiRoad Centerline s ~ . • �'i • 0 * ' INTERSTATE HIGhWAY COLLECTOR ARTERIAL " + ♦'i;'�.'" LOCAL ROAD --- PRIVATE Water +=r. �3 _ ry ' .Ada CountyWater {' ti-.n.. • Canyon CountyiLake Lowell 14' S f Canyon Cour tyfSnake River _ 1 r 41, fA ..s. s 43°37' 30.22'' N 116°2104.68" W ... - ., Sep 10, 2020- IandproDATA.com The materials available at this website are for informational Scale: 1 inch approx 300 feet purposes only and do not constitute a legal document. Kristen McNeill From: Tamara Thompson Sent: Thursday, October 8, 2020 2:56 PM To: Kristen McNeill Subject: FW: SWC Ustick and Eagle Please save this email and submit the Eagle and Ustick Pre-plat application. Thanks! director of client services tamara thompson THE LAND GROUP I thelandgroupinc.com 1208.939.4041 From: PlanningReview<PlanningReview@achdidaho.org> Sent:Thursday, October 8, 2020 2:54 PM To:Tamara Thompson <tamara@thelandgroupinc.com>; Bill Parsons<bparsons@meridiancity.org> Subject: RE: SWC Ustick and Eagle Tamara, A traffic impact study is not required for this application. Mindy Mindy Wallace,AICP Planning Review Supervisor Ada County Highway District 208-387-6178 ACHD Development Services is open for business at our new location at 1301 N. Orchard Street, Suite 200 in the CSC building. Parking and building entrance are located on west side of building. From:Tamara Thompson <tamara@thelandgroupinc.com> Sent: Wednesday, October 07, 2020 12:48 AM To: PlanningReview<PlanningReview@achdidaho.org> Subject: FW: SWC Ustick and Eagle [THIS EMAIL ORIGINATED EXTERNALLY. PLEASE USE CAUTION WHEN OPENING ATTACHMENTS OR LINKS INSIDE THIS EMAIL.] CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. 1 Hi Mindy, Apologies if this is a duplicate - I believe we reviewed this project a few months ago and a traffic analysis wasn't required but I'm unable to find an email from you. The access will be shared with the VillaSport site. w gnomon ape k I ---_ -----_ __- �_�__ low iA � __---- _y � a I Shops Pad 4CP 5 Pad r r oar --__--------- r # I 4 a* 15 Please confirm if a TIS is required or not. Thanks. director of client services tamara thompson THE LAND GROUP I thelandgroupinc.com 1 208.939.4041 2 CITY OF MERIDIAN PRE-APPLICATION MEETING NOTES Project/Subdivision Name: Eagle Landing at Ustick&Eagle Date: 8/6/2020 Staff: Joe Dodson, Bill Parsons, Tyson Glock, Applicant(s)/Contact(s): Tamara Thompson, Brad Watson Location: 3085 E. Ustick Rd (SWC of Eagle and Ustick) Size of Property: 3.29 ac. Comprehensive Plan FLUM Designation: Mixed Use Regional (MU-R) Existing Use: Vacant Existing Zoning: C-G Proposed Use: Commercial (5-lot subdivision) Proposed Zoning: N/A Surrounding Uses: Vacant directly to the south and west(approved qym type use to west/south,VillaSport); Existing commercial to the north across Ustick and west across Eagle Rd. Street Buffer(s)and/or Land Use Buffer(s): 25-foot landscape buffers to both Eagle Rd. and Ustick Rd. (arterials) Open Space/Amenities/Pathways: N/A for commercial projects Access/Stub Streets: Maintaining existing cross-access agreement(s) is imperative for overall connectivity.Adhere to overall site design approved with CZC(A-2019-0376). Waterways/Flood plain/Topography/Hazards: No known hazards History: AZ-05-052; H-2019-0082 (MDA; DA Inst.#2019-121599);A-2019-0376(CZC approved in Jan. 2020); and Mutual Access Easement(easement Inst.#106169335) Additional Meeting Notes: Location of trash enclosures on concept plan is a concern for Staff. Please review these locations and minimize trash enclosures along Ustick and Eagle Roads. If restaurant uses are proposed, additional parking standards apply(specific use standards UDC 11-4-3-49)—1 space per 250 square feet. Most other commercial uses are 1 space per 500 square feet. If more parking is needed due to proposed uses, a new CZC may be required following platting process to ensure compliance with parking requirements. Staff highly recommends providing proposed uses and detailed parking counts with any submittal. Concept plan shows more than one drive-thru. Drive-thrus are regulated by specific use standards(refer to UDC 11-4-3-11). One(1)drive-thru is permitted as an accessory use but any additional drive-thru business within 300'would require conditional use permit approval by the Planning and Zoning Commission. Public Works has issues with proposed water line routinq from Eagle; please continue working with Tyson Glock on these issues prior to submittal. All new commercial buildings will require CZC and Design Review approval prior to building permit submittal. Note:A Traffic Impact Study(TIS) will be required by ACHD for large commercial projects and any residential development with over 100 units. To avoid unnecessary delays&expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application to the City. Not having ACHD comments and/or conditions on large projects may delay hearing(s)at the City. Please contact Mindy Wallace at 387- 6178 or Christy Little at 387-6144 at ACHD for information in regard to a TIS, conditions,impact fees and process. Other Agencies/Departments to Contact: ❑ Ada County Highway Dist. (ACHD) ❑ Nampa Meridian Irrigation Dist.(NMID) ❑ Public Works Department ❑ Idaho Transportation Dept.(ITD) ❑ Settler's Irrigation District ❑ Building Department ❑ Republic Services ❑ Police Department ❑ Parks Department,Kim Warren ❑ Central District Health Department ❑ Fire Department ❑ Other: Application(s)Required: ❑ Administrative Design Review ❑ Conditional Use Permit Modification/Transfer ❑ Time Extension—Council ❑ Alternative Compliance ❑ Development Agreement Modification ❑ UDC Text Amendment ❑ Annexation ❑ Final Plat ❑ Vacation ❑ City Council Review ❑ Final Plat Modification ❑ Variance ❑ Comprehensive Plan Amendment—Map ❑ Planned Unit Development ❑ Other ❑ Comprehensive Plan Amendment—Text ® Preliminary Plat ® Conditional Use Permit—for any drive thru ❑ Private Street beyond the first one allowed as an accessory use ❑ Rezone (UDC 11-4-3-11) ❑ Short Plat Notes: 1)Applicants are required to hold a neighborhood meeting in accord with UDC 11-5A-5C prior to submittal of an application requiring a public hearing(except for a vacation or short plat);and 2)All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11-5A-5D.3(except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan.Any subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre-application meeting shall be valid for four(4)months. NEIGHBORHOOD MEETING ATTENDANCE RECORD Project: SWC Eagle& Ustick Meeting Date,Time & Location: July 27, 2020, 6:00 PM, Onsite THE LAND GROUP, INC.Print Name Address _ Email/Phone _ Tamara Thompson ' 462 E. Shore Dr., Eagle, ID 83616 tamara@thelandgroupinc.com / �j 208-939-4041 E12 $ 020 rodo you-2z S VIA IAJ _Ad 15A i Site Planning•Landscape Architecture•Civil Engineering•Golf Course Irrigation&Engineering•Graphic Design•Surveying 462 E.Shore Drive,Suite 100• Eagle,Idaho 83616•P 208.939.4041•www.thelandgroupinc.com Kristen McNeill From: Tamara Thompson Sent: Monday, September 21, 2020 9:05 AM To: Jim Gute;James Leo; Kristen McNeill Cc: Jim Washburn; Mike Femenia; Dan Inloes Subject: FW:Wadsworth Meridian Subdivision Name Reservation Please use the Subdivision name below for PN 119025 (Eagle and Ustick corner). Surveyors: Why is Aaron Ballard on this email? Did Glen hit his head? director of client services tamara thompson THE LAND GROUP I thelandgroupinc.com 1208.939.4041 From: Sub Name Mail <subnamemail@adacounty.id.gov> Sent: Monday, September 21, 2020 8:59 AM To:Tamara Thompson <tamara@thelandgroupinc.com> Cc:Aaron L Ballard <aballard@kmengllp.com> Subject: RE: Wadsworth Meridian Subdivision Name Reservation September 21, 2020 Aaron Ballard,The Land Group Tamara Thompson,The Land Group RE: Subdivision Name Reservation: WADSWORTH MERIDIAN SUBDIVISION At your request, I will reserve the name Wadsworth Meridian Subdivision for your project. I can honor this reservation only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded. This reservation is available for the project as long as it is in the approval process unless the project is terminated by the client,the jurisdiction or the conditions of approval have not been met, in which case the name can be re-used by someone else. Sincerely, Glen Smallwood Surveying Technician # Ada County Development Services 200 W. Front St., Boise, ID 83702 (208)287-7926 office -- (208)287-7909 fox 1 AFFIDAVIT OF LEGAL INTEREST STATE OF UTAH ) COUNTY OF Salt Lake) Wadsworth Meridian, LLC, a Utah limited liability company, located at 166 East 14000 South, Suite 210 Draper (name) Utah (address) (city) (state) being first duly sworn upon, oath, depose and say: Wadsworth Meridian, LLC is the record owner of the property described on the attached, and grants its permission to: The Land Group, Inc. 462 E. Shore Dr, Ste 100, Eagle, ID 83616 (name) (address) to submit the accompanying application(s)pertaining to that property. Wadsworth Meridian, LLC agrees 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. Wadsworth Meridian, LLC grants 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 i 5 day of �P_T' Bz 12— 120 20 Wadsworth Meridian, LL By:Wadsworth and So : Its: Manager COO ( ignature) SUBSCRIBED AND SWORN to before me the day and year first above written. f�l F ROBERT ROMAN GROES$ CK (Notary Public for Utah) f . Notary Public-State of Utah s Commission Number:710419 Residing at: a Guy My Commission Expires on Y' Mar.24,2024 My Commission Expires: �(1��x�► (Rev 05/29/20) T H E PreliminaryPlat � LAND I � � W W W �' for IDAHO TRANSPORTATION DEPARTMENT . GROUP cn BRASS CAP CENTERLINE EAGLE ROAD Wadsworth Meridian Subdivision 0 APPROXIMATE STATION 168+38 G G G G G G G G G G - G G G G G G G G A G G G G G G G G - - Located in Government Lot 1 in the Northeast 1/4 of Section 5 NORTH 1/4 CORNER _W_W _ W w W W W W W W W W W W Township 3 North, Range 1 East, Boise Meridian SECTION 5 � n T.3N., R.1E., B.M. UbLIUR S.32 S.33 City of Meridian Ada Count Idaho S.32 S89°39'20"W 2656.46' _ T.4N.,R.1 E.,B.M. y , y, - �C- - � - - T.3N.,R.1E.,B.M. Vicinity Map: 2020 1/4 S.5 495.33 NORTHEAST CORNER OF SECTION 5 � \S.4 SS SS SS S SS SS SS S SS SS SS SS SS SS SS SS SS SS S T.3N., R.1 E., B.M. TIE LINE: Cn S01005'59"W 41.45' o CB SITE "' I T T T - T GRATE:2624.43' T T T - CID T T "' T T T T T T T- - - - - - - - - - - - IE(N)12"PVC:2620.76' SO-S8902316"E 58.03' SS Julius M. - - - -�S86°01'47"E 180.57' `PJ' TRAFFIC SIGNAL POLE Kle3ner - --- QHP Mr;icwial Park Pam- PLS 7876 - -- S -_- - - - S86°01'47"E 124.37' N89°39'20"E 181.46' s - - - - --'- _ -_ �8TC01'47"E 56.20 -- / - 1 �sr OHP �HP I OHP - -- - - _ - - - - - - - - - - - - � 89°392 " �.98' U(�,-P _- - --- - - -N893920E 145.48=-- -ram - - �° 2624.- - - - - - 2624- -� -r - - - - - --- - sr�. L a t ■ IDAHO POWER \ IDAHO POWER EASEMENT I \� \ \ ��' s EASEMENT /W \ BOISE&INTERURBAN INSTR. No. 105078233 SANITARY SEWER EASEMENT INSTRUMENT RAILWAY RIGHT OF WAY \ \\ I I wip"W. No. 105082709 IDAHO POWER EASEMENT INST. No. 101135898 I i SSY \ I 0 IRRIGATION AND DRAINAGE EASEMENT � G+R GIRR - r \ \ I 1 CL fFr.nklln a rd:u ;n Wac[�mnNln![aed Frc O N \ B1 LOT 1 I o I PIPE 1 'A = ■y LO REA:±0.69 ACRES B1 LOT 2 I IE(E)24"CONC:2623.93'o 1 I I s ■ 0 AREA:+0.39 ACRES o B1 LOT 3 i 1 - ►J also AREA:±0.64 ACRES 70.00' ■� IBX 11 O n cc GRATE:2624.88' 1 I o o N =' " IE(W)36"CONC:2616.11' IE(S)36"CONC:2616.20' o` I I mime CIIII I dCa[::uiK"F VIr7YGII5ii: ------- EP 1 o I EP EP EP I•� W I I _ EP - - - -E o I � z z Legend: LU �1 I SS _ SS _ SS _ EP EP �, I I _ _ Lu L - SS ° „ - - - - EP 1 I 11' I U) Q FOUND BRASS CAP MONUMENTBOUNDARY LINE - - - - I S SS S84 0600 0' EP-_ EP / �N r � I � w ° � ADJACENT PROPERTY LINECL - - - - - _ _ E 75.0 - _ c� oc - - - - - - - cc - i /"r z I „U FOUND 5/8"MONUMENT O a - - - - ASS - / S`' / I CD o I ¢ TIE LINE ■� 0 CALCULATED POINT 00 Iri I "' - _ - SECTION LINE S __ i o z FROST FREE HYDRANT IT rn ROADWAY CENTERLINE ■ N86 01 _ _ `1'� M I o VVV 6W' to I . M N86°01'47"W 198.05' ° 47"W 79.57' o - - o ® WATER VALVE U M - �I o 0 0l o -- -- -- - -- -- - EASEMENT LINE W 88 25 o o I IRR IRRIGATION BOX EP EP EDGE OF PAVEMENT M � - - _ _ ?6?�, N84o 0600 W 54.30 cn 0 0 0 I POWER POLE R� RIGHT-OF-WAY LINE _ _ °O - - - - - - I _ _ C C.A _ GIRR GRAVITY IRRIGATION LINE � W �' - - -� N84°06'00" ,� - - III I .-. � GUY WIRE N88°54'01"W 56.00' W W W W �� W 144.72 - - o - '► I ,�? _ STREET LIGHT SS SS SANITARY SEWER LINE f - - _ - - W� �/ \� - - - / W ✓ I � � Q � cs W W WATERLINE z I I I I - - - - - - - - - � W I _ _ _ ---- -!-2624- - - I C) � "' Tz © ELECTRIC VAULT 30' MILK LATERAL - - - - - - _ _ - o Q o N a a UGP UNDERGROUND POWER LINE ODER Y I _ I o w NAMPA MERIDIAN _ - J - - _ _ W W W_� / � W - - I' o '� N U_ SIGNAL MAST w m T T T UNDERGROUND TELEPHONE LINE ANN _ IRRIGATION DISTRICT - - _ o � - - - � I ~ I z � � o � I p � SIGN G G GAS LINE I-'' I LL - - - - - - I I w o ¢ o a OS SANITARY SEWER MANHOLE OHP OVERHEAD POWER LINE _ O � 00 cn / I M _ I _ >�! D STORM DRAIN MANHOLE �" 170 ¢ o I"' m CONCRETE AREA �0 C" \ - - J �- z r J CURB AND GUTTER y y I z ¢ I W RECTANGULAR INLET ` U - o + w EXISTING GROUND CONTOUR I Z El TELEPHONE RISER -2624 v i I B 1 LOT 5 o \ I I cc Notes:ACRES cgo Lnz Q M 00 B1 LOT 4 \ � - M �' 1. AT THE TIME OF THIS SURVEY,THE CURRENT ZONING CLASSIFICATION IS C G, GENERAL RETAIL AND SERVICE oM � \ \\ z \ o ¢ _ G -- G G - COMMERCIAL DISTRICT. CURRENT ZONING CLASSIFICATION, BUILDING SETBACK REQUIREMENTS, HEIGHT AND FLOOR AREA:±0.54 ACRES \\ o Z � I SPACE AREA RESTRICTIONS HAVE NOT BEEN PROVIDED TO THE SURVEYOR. Q 2622- - - - - I U_ w = Revisions � > z I I 2. THE PROPERTY DELINEATED HEREON IS LOCATED IN FLOOD ZONE X,AREA OF MINIMAL FLOOD HAZARD,AS SPECIFIED N81°54'00"W 24.72' -- - - --- _ _ \ ° � ' 2 LU v 3 I ON FEMA FLOOD INSURANCE RATE MAP 16001 C01 65 G WITH AN EFFECTIVE DATE OF FEBRUARY 19, 2003. 1' L F -2620 � � _ - - - - - -_ o o PRESCRIPTIVE EASEMENT c, - `° 3. UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE WAY ONLY.THE LOCATIONS SHOWN HEREON ARE BASED -- CLAIMED BY NAMPA MERIDIAN 6,� z UPON ABOVE GROUND EVIDENCE AND UTILITY COMPANY FACILITY MAPS.THE SURVEYOR MAKES NO GUARANTEE OF LD - - __ IRRIGATION DISTRICT FOR \ THE ACCURACY OF LOCATION OF UNDERGROUND UTILITIES. _ _ -_ N84°06'00"W 253.73' _ _ - - MILK LATERAL Nz- -__ - 2620- 1 -2622-- -- = -� �- N84°06'00"W 17.45' - SD \-- \ 70.00' I Q 4. THE TOTAL LAND AREA OF THE SUBJECT PARCEL IS 3.29 ACRES±. - �- - �_- - - - - CONCRETE SPILLWAY _ - -_- - - - - - - -- - \\ I � + 5. THIS SUBDIVISION IS SUBJECT TO COMPLIANCE WITH IDAHO CODE SECTION 31-3805 CONCERNING IRRIGATION USE. \ 2622 - � N84°06'00'W 428.70' N84°06'00' "- \ - - -� - W 157.51' 0- GIRR 36'GIRR � 30 MILK LATERAL - FL � - - X- _ -� \ - 3 "GIR GIR FL L dIRR ¢ 'IRR 6. ANY RESUBDIVISION OF THIS PLAT SHALL COMPLY WITH THE APPLICABLE ZONING REGULATIONS IN EFFECT AT THE \ \ \ NAMPA MERIDIAN 36" IRR 36' R - - FL \ \ \ IRRIGATION DISTRICT ! , -36 GtRR 36 GIRR - TIME OF RESUBDIVISION. II L - - - - - - \ -- - -- - - -\� - - -� 2622/`? �-'- I - - - - - - - - - � / - - - - - _ I - ° \ �- - - - - - GRATE.2624I58- - I � I� 0 W 51 29 0 7. BUILDING SETBACKS SHALL CONFORM TO THE APPLICABLE DIMENSIONAL STANDARDS OF THE DEVELOPMENT - � � N84 06 IBX \ / \ - l AGREEMENT AT THE TIME OF ISSUANCE OF A BUILDING PERMIT. GRATE:2624.04' UNPLATTED IE(W)36"CONC:2616.68' IE(N)36"CONC:2616.81 SA IE CR EK COMMONS LLC. SADIE CREEK COMMONS LLC. IE(E)36"CONC:2619.28' \ �I IBX !I 8. ALL LOTS WITHIN THIS SUBDIVISION ARE PROVIDED WITH DOMESTIC WATER SERVICE BY THE CITY OF MERIDIAN.THE IE(E)36"CONC:2616.71' \ CDI GRATE:2623.76' I WATER MAINS AS SHOWN HEREON ARE EXISTING. \ \\ ?6??\\ ITD DRAINAGE EASEMENT J I BOLTED I I 9. ALL LOTS WITHIN THIS SUBDIVISION WILL BE PROVIDED WITH SANITARY SEWER SERVICE BY THE CITY OF MERIDAIN �SZONAL \ \ INSTR. No.95021100 ,o I ` I I SEWER DISTRICT.THE SEWER MAINS AS SHOWN HEREON ARE EXISTING. �� 0\STE F ,D Referenced Survey Table: Project Information: 10. ALL LOTS WITHIN THIS SUBDIVISION WILL BE PROVIDED WITH PRESSURIZED IRRIGATION SERVICE. 8 R1. RECORD OF SURVEY No. 6418, INSTRUMENT#104016722, RECORDS OF ADA COUNTY. CLIENT/OWNER/DEVELOPER:WADSWORTH DEVELOPMENT GROUP, LLC 1 1/4 11. ACCESS AND PARKING SHALL BE PROVIDED THROUGH RECIPROCAL CROSS-ACCESS AND CROSS-PARKING 09/28/202,b CONTACT: BRAD WATSON EASEMENTS. J9TE OF 0 R2. RECORD OF SURVEY No. 11747, INSTRUMENT#2019-018776, RECORDS OF ADA COUNTY. ADDRESS: 166 E.14000 S.SUITE 210 S.5 / DRAPER, UT 84020 � S.4 12. THE SITE STORM DRAINAGE SHALL BE DESIGNED TO MEET AGENCY CRITERIA UTILIZING"BEST MANAGEMENT W.G FOUND BRASS CAP PRACTICES"OF DEQ. CP&F INSTR. No. 113077809 Project No.: 119025 ENGINEER, LANDSCAPE ARCHITECT, PLANNER:THE LAND GROUP, INC. Benchmark: 13. PARKING SHALL CONFORM TO THE ADOPTED STANDARDS OF THE CITY OF MERIDAIN, OR THE PROJECT Date of Issuance: 09/28/2020 CONTACT:TAMARA THOMPSON, PLANNER DEVELOPMENT AGREEMENT, AS APPLICABLE. Project Milestone: JIM GUTE,CIVIL ENGINEER THE VERTICAL RELIEF SHOWN HEREON WAS SURVEYED ON THE GROUND, CONTOURS ARE ONE FOOT INTERVALS,THE JYL GLANCEY, LANDSCAPE ARCHITECT VERTICAL DATUM IS NAVD 1988,THE BENCHMARK USED WAS THE NORTHEAST CORNER OF SECTION 5,T.3N., R.1 E., 14. HORIZONTAL DATUM: NAD 83 STATE PLANE COORDINATES IDAHO WEST ZONE 1103 ADDRESS:462 E.SHORE DR.,SUITE 100 BM: ELEAVTION = 2627.17, NAVD 88 DATUM. E EAGLE, ID 83616 15. VERTICAL DATUM: NAVD 1988 Preliminary Plat E Plat PHONE: 208.939.4041 30 600Preliminar 1 o f 1 _ Horizontal Scale: 1" = 30' ��o -- 1�__ -- -- -- -- Project Information: �: �i= T H E S SS SS —SS —SS — SS —SS — SS — SSSS PROPOSED COMMERCIAL DEVELOPMENT USTICK ROAD & EAGLE ROAD SS SS SS SS — S�SS SS SS SS SS SS SS SS 3S _ _ S _ _ N _ L AND DEVELOPER:WADSWORTH DEVELOPMENT GROUP . 20'X 10' — CONTACT: BRAD WATSON G R 0 U P DRIVEWAY — ADDRESS: 166 EAST 14000 SOUTH,SUITE 210 CLEAR VISION T T T T -_ DRAPER, UT 84020 T T TRIANGLE -T T N T T T T T T T T T T 'T-,T T T CLEAR VISION PHONE: 8RAPER, UT - - - - - - - - - - -- \ \ \ ��T— T EMAIL: BRAD@WADSDEV.COM rn TRIANGLE au SD SD so (1) CP I ENGINEER, LANDSCAPE ARCHITECT, PLANNER:THE LAND GROUP, INC. �_� F- CONTACT:TAMARA THOMPSON, PLANNER o \ Ustick Road JIM GUTE, CIVIL ENGINEER MATTHEW T.ADAMS, LANDSCAPE ARCHITECT G �'I� � OH �R W UGP� UGp- -- r- — -- � — _R , _ — __ ____ — _— - - - - - - - - _ — — �Fi — — _ _ _ ,,.. _ u, UG OHP UGP U ate— f, U�p ' . Ow�'� R4P UGP _ P HP OHP- ADDRESS:462 E.SHORE DR.,SUITE 100 � -_ \ EAGLE, ID 83616 J. _ ' \ J' ' PH7 ONE: 208.939.4041 i • ` ■ / EMAIL: JAMES@TH ELAN DGROUPINC.COM O I \ Landscape Calculations: T / D ` • °O \ II NUMBER OF STREET TREES AND LINEAL FEET OF 22 TREES, 771 L.F. W O _ - \ \ STREET FRONTAGE 2 PC EXISTING OVERHEAD POWER LINES i - i \ S (1) CP �' — I - WIDTH OF STREET BUFFERS 35-FT MINIMUM W I i -�C (3 EXISTING OVERHEAD POWER LINES I CP (1) c� I PC (3) PC (2 I PROVIDED ON _ I moi EAGLE RD. 25-FT - - Cn I IT PROVIDED ON USTICKcoo RD M FUTURE ` I o GII R WIDTH OF PARKING LOT PERIMETER LANDSCAPE STRIP 5-FT MINIMUM cc r PROVIDED \ � I D z PAD \ I I f 10', 28.43' BUFFER WIDTH BETWEEN DIFFERENT LAND USES N/A i FUTURE I n M I I I I I TOTAL NUMBER OF TREES AND TREE SPECIES MIX 37 TREES,4 SPECIES Z I PAD I I I MIX CL PC (2) ' CP (1) � Y � � 0 2 I FUTURE I i Landscape Requirements: CJ &ME PAD I �- I I PER MERIDIAN, IDAHO CITY CODE: 3-1 � co 2 I C/) I EP co 2 LANDSCAPE BUFFERS ALONG STREETS (11-3B-7-3) mime EP I I ONE (1)TREE PER THIRTY-FIVE (35) LINEAR FEET WITH SHRUBS, LAWN, OR OTHER C4 5 \ EP EP EP— I V I I VEGETATIVE GROUND COVER. \ o F- - - - - - - - - EP - - - EP rp P 5 w \ `r' - - - - _ - _ EP�Ep co I / I I STREET TREES REQUIRED TREES PROVIDED _ _ EXISTING CONCRETE SPILL WAY- n \ I I I - - - - - - - _ EP I USTICK ROAD (443 L.F.) 13 TREES 13 TREES \\ I SAN SS SS— U_ - - - - - - - 'EP EP RETAIN AND PROTECT �� I EAGLE ROAD (328 L.F.) 9 TREES 9 TREES \ (2) LM I SS SS SS - - - - - P EP— \ (2' LM L - - SS —SS SS �o - EP EP� w (1)AC - - - - _ - - SS - _ _ - - S `= I I 0(8)EO -LM (2 _ �- - EP�EP i , I PERIMETER LANDSCAPING (11-3B-8-C-1) (3) SS LM2 (2 - - - - - _ _ _ LM (2) - -_ - - - _ , S I ONE (1)TREE PER THIRTY-FIVE (35) LINEAR FEET WITH SHRUBS, LAWN, OR OTHER y �) L EO (8) � - - -ED (3 - - - - _ - (2) LM2 SS SS - - - / VEGETATIVE GROUND COVER. + LM2 (2) ( ) I Z SS 3 _ SS-------SSSS ( ) SS 4 - 8 EO- � PERIMETER TREES REQUIRED TREES PROVIDED EU 10 ( ) ( ) � I Q \ - � + / / -or - 2 LM �� a LM (2 + 3 SS - - SS ) PARKING LOT 1 TREE EVERY 35 LINEAR FT SEE PLAN. PERIMETERS O w I � ( ) — sr�R a W LL, /• � 2 L�I2 Y c. I ABUTTING 1 TREE EVERY 35 D � / 2 LM t - ) s � 9 O � _ -- � � DRIVEWAYS LINEAR FEET I � � -�- /�3 (8) EO• i C 3 S� AT EVERY PERIMETER �- - WHERE SITE UTILITIES 1 LM I + � I ® / (2) LM AND EASEMENTS ��` 3: }- - - - - I + / / w EDEN I t _ - - + � - I PERMIT I - I � 1 M2 - 4 i - C� W � W W 0 _ _ _ CD c~� W i � I I � INTERIOR PARKING LOT 11 38 8 C-2 ( ) \\\ W W W W— SOS (2) - _ i' I + /- -a - - J - - P ONE (1)TREE AND LOW SHRUBS, LAWN, OR OTHER VEGETATIVE GROUND COVER PER EACHR: - - - - - \ W �. ( ) _ _ _ I / w I INTERIOR PLANTER THAT SERVES A SINGLE ROW OF PARKING SPACES. W Y W W— - _ _ - - - _ W W I 0) AREA TREES REQUIRED TREES PROVIDED Cn CZ W W - - _ _ _ _ _ _ _ _ \ �r 5 INTERIOR ISLANDS 10 TREES 10 TREES � I VI w O 4) EO I \ � �� - - - W - - - - - - - M c� W� W , I I a 2 LM - _ �- W3: - � _ o0 J EP / aD 1 ■ o �u / 1 , PC (3) _ Material Legend. co 22t LANDSCAPE 0 (1) LM2 u PLANTING SHRUB Revisions(2) SSA 1-- ' - _ _ _ (2 _ I TURF SOD / // / BED AREA. 3" DEPTH � 1 PC f I (2)AC _- -_ - - - - J 1"PERMABARK ROCK 1' I I MULCH. F(BR � I o 0 4"-6"COBBLE ROCK, \ \ III 12"DEPTH \ I FUTURE , 2 5 \ f5� f � - I PAD 2 \ \ \ II ~ ( I Landscape Keynotes: �TOLNUMBERED NOTES BELOW. \ V 1. LANDSCAPE IRRIGATION DOMESTIC WATER POINT OF CONNECTION WITH METER AND G G _ BACKFLOW PREVENTION DEVICE, PER MERIDIAN CITY STANDARD SPECIFICATIONS AND \ \ \ REQUIREMENTS. SOURCE TO SERVICE LANDSCAPE IRRIGATION TO COMMON \ \ II I LANDSCAPE AREAS SHARED BY ALL BUILDING PADS. FUTURE \ 2. LANDSCAPE IRRIGATION DOMESTIC WATER POINT OF CONNECTION WITH METER AND \ e II I BACKFLOW PREVENTION DEVICE, PER MERIDIAN CITY STANDARD SPECIFICATIONS AND \ PAD \\ Q REQUIREMENTS. SOURCE TO SERVICE LANDSCAPE IRRIGATION TO BUILDING PAD. OF/D / 1 I EXISTING CONCRETE PILL WAY- I ,C I LA-16589 RETAIN ANI6 PROTECT 44 - --- - - SD \ I NDSCAY\��-- - - -- - - --- - -- - - -- - - -- - - - -- - - \ I I IIIII � 10/09/2020 Project No.: 119025 Date of Issuance: 10/09/2020 36"GIRR \` 36"GIRR Project Milestone: Preliminary Plat \ \ 36 GI R 36"GIRR 36'GI / \ �- I \ 6"GIRR 3 R /36 GIRR R Preliminary Plat 36"GIRR GIRR 36"GIRR - GIRR RI Landscape Plan RE - - Preliminary Plat-Landscape Plan 2°' 4°' Ea Ll mOO Horizontal Scale: 1" = 20' ��o NOTES: Landscape (Votes: '''—= THE 1. THE STAKING OF TREES IS TO BE THE CONTRACTOR'S OPTION; HOWEVER,THE CONTRACTOR IS A. IN THE EVENT OF A DISCREPANCY, NOTIFY THE LANDSCAPE ARCHITECT IMMEDIATELY. 1 �'�� RESPONSIBLE TO INSURE THAT ALL TREES ARE PLANTED STRAIGHT AND THAT THEY REMAIN REMOVE DEAD/DAMAGED BRANCHES AND PRUNE TO �� STRAIGHT FOR A MINIMUM OF 1 YEAR. ALL STAKING SHALL BE REMOVED AT THE END OF THE ONE INTERNATIONAL SOCIETY OF ARBORICULTURE STANDARDS; B. CONTRACTOR TO VERIFY LOCATION OF ALL UTILITIES PRIOR TO INITIATION OF ANY LAN D YEAR WARRANTY PERIOD. IMPROPERLY PRUNED TREES (AS DETERMINED BY THE DEMOLITION OR CONSTRUCTION OPERATIONS.ANY DAMAGE TO EXISTING UTILITIES . 2. IN THE EVENT OF A QUESTION OR LACK OF CLARITY ON THE DRAWINGS,THE CONTRACTOR IS TO LANDSCAPE ARCHITECT) SHALL BE REMOVED AND REPLACED. SHALL BE CONTRACTOR'S RESPONSIBILITY. - GROUP NOTIFY THE LANDSCAPE ARCHITECT BEFORE PROCEEDING. C. ALL PLANT MATERIAL SHALL CONFORM TO THE CURRENT AMERICAN ASSOCIATION OF 3. LANDSCAPE CONTRACTOR IS TO NOTIFY THE LANDSCAPE ARCHITECT AND OWNER PRIOR TO NURSERYMAN'S NATIONAL STANDARD SPECIFICATIONS. INSTALLATION OF PLANT MATERIAL. D. ALL PLANT MATERIAL SHALL BE GUARANTEED FOR A PERIOD OF ONE YEAR BEGINNING 4. WRAP RUBBER CINCH TIES AROUND THE TREE TRUNKS AND STAKES USING EITHER THE PREVAILING WIND DIRECTION AT THE DATE OF ACCEPTANCE BY OWNER. REPLACE ALL PLANT MATERIAL FOUND DEAD STANDARD OR FIGURE EIGHT TYING METHOD. SECURE THE TIES TO THE STAKES WITH OR NOT IN A HEALTHY CONDITION IMMEDIATELY WITH THE SAME SIZE AND SPECIES AT GALVANIZED NAILS TO PREVENT SLIPPAGE. TREE WRAP TRUNK PROTECTION, NO COST TO THE OWNER. 5. WATER TREE TWICE WITHIN THE FIRST 24 HOURS. REMOVE AFTER INSTALLATION E. FINISH GRADES TO BE SMOOTH AND EVEN GRADIENTS WITH POSITIVE DRAINAGE IN 6. IN THE EVENT HARDPAN SOILS PREVENT TREE PLANTING AS DETAILED, NOTIFY THE LANDSCAPE RUBBER CINCH TIE ACCORDANCE WITH SITE GRADING PLAN.ARCHITECT IMMEDIATELY. F. FERTILIZE ALL TREES AND SHRUBS WITH 'AGRIFORM'PLANTING TABLETS. QUANTITY 2"x 2"x 8'CEDAR STAKE- DO NOT PENETRATE ROOTBALL. PER MANUFACTURER'S RECOMMENDATIONS. ROOT PROBE SEE NOTE 1. SET STAKES PARALLEL TO PREVAILING WIND. G. ALL PLANT MATERIAL SHALL BE INSTALLED AS PER DETAILS AND CONTRACT 1� SPECIFICATIONS. H. ALL PLANTING BEDS SHALL HAVE A MINIMUM OF 18"OF TOPSOIL, SOD AREAS A MINIMUM OF 12"OF TOPSOIL. SPREAD, COMPACT AND FINE GRADE TOPSOIL TO A SOIL LINE ;- MULCH LAYER, KEEP MULCH 3"AWAY FROM SMOOTH AND UNIFORM GRADE 3"BELOW SURFACE OF WALKS AND CURBS IN PLANTING TRUNK BED AREAS,AND 1/2" IN LAWN AREAS. I. IN ALL PLANTER BED AND LAWN AREAS,THE TOP 6 INCHES OF TOPSOIL WILL BE UTILIZE SOIL/ROOT PROBE AROUND TRUNK T \ AMENDED AT A RATIO OF 3 CUBIC YARDS OF COMPOST/ORGANIC MATTER PER 1000 (APPROX. 34"AWAY FROM TRUNK)TO LOCATE 3„ BACKFILL WITH SOIL PLANTING MIX. SEE SQUARE FEET. ROTO-TILL ORGANIC MATTER A MINIMUM OF 6 INCHES INTO TOPSOIL. HIGHEST ROOTS. HIGHEST ROOTS SHOULD BE SPECIFICATIONS FOR ADDITIONAL INFORMATION. ALL TREE PITS SHALL BE A MIX OF SEVEN PARTS TOPSOIL (AS SPECIFIED IN THESE UJ POSITIONED AT OR SLIGHTLY ABOVE GRADE LEVEL. NOTES)AND THREE PARTS COMPOST/ORGANIC MATTER, BY VOLUME. / �,L I�',FINISH GRADE J. ALL NON-TURF PLANTERS SHALL RECEIVE 3"DEPTH 1" PERMABARK MULCH. MIJ REMOVE BURLAP,TWINE, AND WIRE BASKET FROM TOP �A//\j �� A/� K. CONTRACTOR SHALL COORDINATE PLANTING WITH IRRIGATION CONTRACTOR. 2 OF ROOTBALL, REMOVE ALL NAILS,TIES, AND PLASTIC COMMERCIAL SLOW RELEASE FERTILIZER TABLETS L. NO SUBSTITUTIONS WILL BE ALLOWED WITHOUT THE WRITTEN CONSENT OF THE FROM ROOTBALL. IF SYNTHETIC BURLAP IS UTILIZED TO V�VAjAA �� j��/ LANDSCAPE ARCHITECT. / z ;3' WRAP THE ROOTBALL, IT SHALL BE COMPLETELY \�Aj � �� j��j/ M. LANDSCAPE REPAIR ASSOCIATED WITH PROPOSED WET AND DRY UTILITY TRENCHING REMOVED. ONLY BIODEGRADEABLE BURLAP SHALL BE \\/ \\/\\/\\/\\/\\/\\ \\ \/\/ \/ AND INSTALLATION WITHIN EXISTING LANDSCAPED AREAS SHALL MATCH EXISTING W LEFT ON THE BOTTOM OF THE ROOTBALL. GRADES, SLOPES AND MAINTAIN EXISTING DRAINAGE PATTERNS. SET ROOTBALL ON NATIVE UNDISTURBED SUBSOIL j� N. ALL LANDSCAPED AREAS SHALL HAVE AN AUTOMATIC UNDERGROUND SPRINKLER SYSTEM WHICH ENSURES COMPLETE COVERAGE AND PROPERLY ZONED FOR REQUIRED 2x ROOTBALL DIAMETER WATER USES. Deciduous Tree Planting 3x ROOTBALL DIAMETER 0. IRRIGATION SYSTEM SHALL BE FULLY FUNCTIONAL, INCLUDING CONTROL SYSTEM, 1 PRIOR TO INSTALLATION OF ANY PLANT MATERIAL. Scale: NTS P. REFER TO TREE PLANTING DETAIL, SHEET L1.50 FOR ADDITIONAL INFORMATION. Q. REFER TO SHRUB PLANTING DETAIL, SHEET L1.50 FOR ADDITIONAL INFORMATION. O R. NO TREES SHALL BE PLANTED WITHIN 10'OF ANY ACHD STORM DRAIN UTILITY, INCLUDING PIPES, INLETS, SAND AND GREASE TRAPS,AND MAN HOLES. CJ S. NO TREES SHALL BE PLANTED WITHIN 5'OF ANY CITY WATER SERVICE. Cz PLANT SCHEDULE �■■+ DECIDUOUS BOTANICAL/COMMON SIZE CONTAINER QTY REMARKS TREES NAME AC ACER PLATANOIDES 2" B&B 3 CLASS II, MATURITY: 40'H COLUMNARBROAD' / CAL. X25'W PARKWAY MAPLE IEEE LM2 LIQUIDAMBAR 2" B&B 12 CLASS II, MATURITY: 40'H a WATER RETENTION STYRACIFLUA CAL. X 25'W O MORAINE' /MORAINE MULCH LAYER BASIN SWEET GUM FLOWERING BOTANICAL/COMMON SIZE CONTAINER QTY REMARKS O TREES NAME VA��VA VA//VA/ CP CRATAEGUS 2" B&B 5 CLASS I, MATURITY: 25'H PHAENOPYRUM/ CAL. X25'W WASHINGTON V/�AAVA VA/V�// HAWTHORN COMMERCIAL \\�//\�//\�//\�/ ///\//\�//\�/ / / / / / / // BACKFILL WITH SOIL PLANTING PC PRUNUS VIRGINIANA/ 2" B&B 17 CLASS I, MATURITY: 20'H O FERTILIZER TABLETS \\j / \\ MIX. SEE SPECIFICATIONS FOR CHOKECHERRY CAL. X 15'W ADDITIONAL INFORMATION. O 70 c� z 0 -�� o SHRUBS BOTANICAL/COMMON SIZE CONTAINER QTY REMARKS Rom � NAME ui � c�.) o EO EUONYMUS FORTUNEI 2 43 MATURITY: 2'H X 2'W GOLD SPLASH' / GAL. +M — WINTERCREEPER cc i-U EU CCEUONYMUS JAPONICUS 5 10 MATURITY: 6'H X 2'W C GREENSPIRE. / GAL. W M 2E 2 Shrub Planting GREENSPIRE UPRIGHT 0 Scale: NTS EUONYMUS 1 LM LAVANDULA 1 22 MATURITY: 1 'H X 1'W Revisions ANGUSTIFOLIA GAL. 1 'MUNSTEAD' / MUNSTEAD ENGLISH LAVENDER SS SCHIZACHYRIUM 1 22 MATURITY: 3'H X 2'W SCOPARIUM 'THE GAL. BLUES' /THE BLUES LITTLE BLUESTEM OF IDgA/b = r tn ._ LA-16589 \ 0 li4 N, 44NDSCPS \\� MII10/09/2020 Project No.: 119025 Date of Issuance: 10/09/2020 Project Milestone: Preliminary Plat Preliminary Plat Landscape Plan Details Ea L1 . 50 T H E PreliminaryPlat � LAND I � � W W W �' for IDAHO TRANSPORTATION DEPARTMENT . GROUP cn BRASS CAP CENTERLINE EAGLE ROAD Wadsworth Meridian Subdivision 0 APPROXIMATE STATION 168+38 G G G G G G G G G G - G G G G G G G G A G G G G G G G G - - Located in Government Lot 1 in the Northeast 1/4 of Section 5 NORTH 1/4 CORNER _W_W _ W w W W W W W W W W W W Township 3 North, Range 1 East, Boise Meridian SECTION 5 � n T.3N., R.1E., B.M. UbLIUR S.32 S.33 City of Meridian Ada Count Idaho S.32 S89°39'20"W 2656.46' _ T.4N.,R.1 E.,B.M. y , y, - �C- - � - - - 1E.,B.M. Vicinity Map: 2020 1/4 S.5 495.33 NORTHEAST CORNER OF SECTION 5 1S.4 SS SS � SS S SS SS SS S SS SS SS SS SS SS - SS - SS - SS - SS S T.3N., R.1 E., B.M. TIE LINE: S01005'59"W 41.45' o CB SITE T T T - T GRATE:2624.43' T T T - rn-T T "' T T T T T T T- - - - - - - - - - - - - - - - IE(N)12"PVC:2620.76' SO-S89023161"E 58.03' ________ SS Julius M. _ `PJ' TRAFFIC SIGNAL POLE I Ki!e3ner OHP _ S86°Ol'47"E 180.57' Mr;nprial dark PLS 7876 ----- -S86°01'47"E 124.3T _ N89°39'20"E 181.46'IIIIIINs - -- S �8 'U1'47'E 56.20' 8g°322 " .98' - N89°39'20"E 145.48'- -- `r�Q� OHP BHP I OHP --- - - --- - - - - - - - - �� O Ffarhlrr Fuo L .._..i._ •.V r..._. e [72624.- - - - - - 2624- -�/ T- --- - - - --- - �s�s r R ■ IDAHO POWER \ IDAHO POWER EASEMENT I \� \ \ ��°' s EASEMENT _ /W �\ BOISE&INTERURBAN INSTRUMENT RAILWAY RIGHT OF WAY INSTR. No. 105078233 SANITARY SEWER EASEMENT I \ \\ I I Mendian w�"W� No. 105082709 IDAHO POWER EASEMENT INST. No. 101135898 I i SSY C \ I o IRRIGATION AND DRAINAGE EASEMENT � G+R GIRR - r \ \ I 1. 1 fFr.nklln a rd:u ;n Wac[�mnNln![aed Frc O LU CL B1 LOT 1 I o I PIPE 1 F = ■y REA:±0.69 ACRES B1 LOT 2 I IE(E)24"CONC:2623.93' 1 I I s ■ 0 AREA:+0.39 ACRES o o B1 LOT 3 i 1 - ►J AREA:±0.64 ACRES 70.00' ■� IBX 11 cc CIO 0° n GRATE:2624.88' I o ° N -' " IE(W)36"CONC:2616.11' ` dCx%ImRF VIr7YGII5 ilal - - - IE(S)36"CONC:2616CIII .20' ` �o _ ------ EP co I � I 1 EP EP r I z Rw I I EP EP=- --- -EP - EP W v I z w_ co T I J J s W o1 I SS SS E - - - EP EP �__I I � I o � Legend. �... \ SS S - - - EP �� C-, - I w r - - BOUNDARY LINE L - SS ° - - EP 1 I I cn ¢o 0 FOUND BRASS CAP MONUMENT I SS S84 06'00"E 75.00. - - - -EP ADJACENT PROPERTY LINE cc - z I °; FOUND 5/8"MONUMENT - - - - - - - - o 0 0 - - - - - - - - - - c� - - O a - - - - ASS / I o I ¢ TIE LINE ■� 0 CALCULATED POINT �_ I-'' \ - - " - SS Iri I "' - _ - SECTION LINE S co a o z FROST FREE HYDRANT IT ROADWAY CENTERLINE ■ N86 01 _ _ `1'� M I o 6W' to I . M N86°01'47"W 198.05' ° 47°W 79.5T o - - o ® WATER VALVE U M - o 0 0� o M -- -- -- - -- -- - EASEMENT LINE W 88 25 Lo o o I IRR IRRIGATION BOX EP EP EDGE OF PAVEMENT M � u7 - - _ _ ?6?�, N84 0600 W 54.30 cn 0 0 0 I POWER POLE R/W RIGHT-OF-WAY LINE °O - - - - - - I _ _ C C.A _ GIRR GRAVITY IRRIGATION LINE W �' - - -� N84°06'00" - - /� III I GUY WIRE z o �' N88°54'01"W 56.00' W W �/ W �� _ - - - - - - - - - - - I TW 144.72 - - o - //'► I ,�? _ STREET LIGHT SS SS SANITARY SEWER LINE f- - - - - W� W�� - - - / W I � LQ " cs W W WATERLINE � W I _ _ _ ---- 2624- - - I � c5 "' Tor a © ELECTRIC VAULT 30' MILK LATERAL - - - - - - _ - - - I o, c- o C.0 a UGP UNDERGROUND POWER LINE Y I _ o � ° w NAMPA MERIDIAN _ - J - - - _ W W W_� / � W - - I' o '� N "' SIGNAL MAST w m � T T T UNDERGROUND TELEPHONE LINE ANN _ IRRIGATION DISTRICT - - _ o N - - - / I ~ I z z o y I p SIGN G G GAS LINE O O I'' I - - - I w o ¢ o a OS SANITARY SEWER MANHOLE OHP OVERHEAD POWER LINE � _ O M cn / I M - _ I _ � �! D STORM DRAIN MANHOLE LU N ¢ I m CONCRETE AREA � 00 -� �- z r J CURB AND GUTTER y y z ¢ I W RECTANGULAR INLET ` U - o + w EXISTING GROUND CONTOUR w \ ^ I N o I Z TELEPHONE RISER -2624 v i I o `\ B 1 LOT 5 W I r I l w z z w cc W I� z AREA:±1.02 ACRES \ I I Q � Q Notes: Lo co 22t B1 LOT 4 00 \ Q � C 1. AT THE TIME OF THIS SURVEY,THE CURRENT ZONING CLASSIFICATION IS C G, GENERAL RETAIL AND SERVICE \ \\ z \ o o ¢ _ G -- G G - COMMERCIAL DISTRICT. CURRENT ZONING CLASSIFICATION, BUILDING SETBACK REQUIREMENTS, HEIGHT AND FLOOR AREA:±0.54 ACRES \\ o I SPACE AREA RESTRICTIONS HAVE NOT BEEN PROVIDED TO THE SURVEYOR.ZS Q 2622- - - - - I w = Revisions I I 2. THE PROPERTY DELINEATED HEREON IS LOCATED IN FLOOD ZONE X,AREA OF MINIMAL FLOOD HAZARD,AS SPECIFIED __ _ - \ ° CD c � I ON FEMA FLOOD INSURANCE RATE MAP 16001 C01 65 G WITH AN EFFECTIVE DATE OF FEBRUARY 19, 2003. 1' N81°54'00"W 24.72' -- - �' = 51 F -262p� � _ _ - - - -- PRESCRIPTIVE EASEMENT `° 3. UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE WAY ONLY.THE LOCATIONS SHOWN HEREON ARE BASED CLAIMED BY NAMPA MERIDIAN oz UPON ABOVE GROUND EVIDENCE AND UTILITY COMPANY FACILITY MAPS.THE SURVEYOR MAKES NO GUARANTEE OF I � _ --- - -- -- IRRIGATION DISTRICT FOR \ Q THE ACCURACY OF LOCATION OF UNDERGROUND UTILITIES. _ N84°06'00" _- - ��_ - -- - - - MILK LATERAL F„ 1 \ - -2622- 2620_ W 253.73, - -�_ - N84°06'00"W 17.45' - _ Sp \-_- - - - \ 70.00' I Q 4. THE TOTAL LAND AREA OF THE SUBJECT PARCEL IS 3.29 ACRES±. - \ CONCRETE SPILLWAY � I � \ 2622 - c�N84°06'00"W 428 70 N84°06'00" I I + 5. THIS SUBDIVISION IS SUBJECT TO COMPLIANCE WITH IDAHO CODE SECTION 31-3805 CONCERNING IRRIGATION USE. co \ - - -� W 157.51' � GIRR 36'GI zT RR - 30 MILK LATERAL - FL _ X- cM \ 3 GIR 'GIR 1 - _ FL L I J Q '1 6. ANY RESUBDIVISION OF THIS PLAT SHALL COMPLY WITH THE APPLICABLE ZONING REGULATIONS IN EFFECT AT THE \ \ \ NAMPA MERIDIAN 36" IRR 36' R FL ---- GIRR -- \ \ \ IRRIGATION DISTRICT , -36"GtR�- TIME OF RESUBDIVISION. 622'v � � _ 36"GIRR � L - - - - - -� -- - - - -\� - - -� 2 - - - - - I - - - - - - - - - / _ I �_ _ \ - -- - - - �- - - - - - - - - - - - IBX i 00"�/ 51.29' ° ° 7. BUILDING SETBACKS SHALL CONFORM TO THE APPLICABLE DIMENSIONAL STANDARDS OF THE DEVELOPMENT -�- � N84 % IBX / DtIP 11 - - GRATE.2624.58- -\ I AGREEMENT AT THE TIME OF ISSUANCE OF A BUILDING PERMIT. GRATE:2624.04' \ UNPLATTED IE(W)36"CONC:2616.68' \ - I II IE(N)36"CONC:2616.81' SA IE CR EK COMMONS LLC. SADIE CREEK COMMONS LLC. IE(E)36"CONC:2619.28' CCI IBX ' 8. ALL LOTS WITHIN THIS SUBDIVISION ARE PROVIDED WITH DOMESTIC WATER SERVICE BY THE CITY OF MERIDIAN.THE IE(E)36"CONC:2616.71' GRATE:2623.76' I WATER MAINS AS SHOWN HEREON ARE EXISTING. \ \\ ?6?? ITD DRAINAGE EASEMENT J I BOLTED I I 9. ALL LOTS WITHIN THIS SUBDIVISION WILL BE PROVIDED WITH SANITARY SEWER SERVICE BY THE CITY OF MERIDAIN �SZONAL \ INSTR. No.95021100 ,o I I OUSTER r \ \ I I I� I I SEWER DISTRICT.THE SEWER MAINS AS SHOWN HEREON ARE EXISTING. �t E Referenced Survey Table: Project Information: 10. ALL LOTS WITHIN THIS SUBDIVISION WILL BE PROVIDED WITH PRESSURIZED IRRIGATION SERVICE. 11568 R1. RECORD OF SURVEY No. 6418, INSTRUMENT#104016722, RECORDS OF ADA COUNTY. CLIENT/OWNER/DEVELOPER:WADSWORTH DEVELOPMENT GROUP, LLC 1/4 11. ACCESS AND PARKING SHALL BE PROVIDED THROUGH RECIPROCAL CROSS-ACCESS AND CROSS-PARKING s o CONTACT: BRAD WATSON EASEMENTS. J9TE OF �pP� R2. RECORD OF SURVEY No. 11747, INSTRUMENT#2019-018776, RECORDS OF ADA COUNTY. ADDRESS: 166 E.14000 S.SUITE 210 DRAPER, UT 84020 � S 4 12. THE SITE STORM DRAINAGE SHALL BE DESIGNED TO MEET AGENCY CRITERIA UTILIZING"BEST MANAGEMENT DES W.G FOUND BRASS CAPS.5 / PRACTICES"OF DEQ. CP&F INSTR. No. 113077809 Project No.: 119025 ENGINEER, LANDSCAPE ARCHITECT, PLANNER:THE LAND GROUP, INC. Benchmark: 13. PARKING SHALL CONFORM TO THE ADOPTED STANDARDS OF THE CITY OF MERIDAIN, OR THE PROJECT Date of Issuance: 09/28/2020 CONTACT:TAMARA THOMPSON, PLANNER DEVELOPMENT AGREEMENT, AS APPLICABLE. Project Milestone: JIM GUTE,CIVIL ENGINEER THE VERTICAL RELIEF SHOWN HEREON WAS SURVEYED ON THE GROUND, CONTOURS ARE ONE FOOT INTERVALS,THE JYL GLANCEY, LANDSCAPE ARCHITECT VERTICAL DATUM IS NAVD 1988,THE BENCHMARK USED WAS THE NORTHEAST CORNER OF SECTION 5,T.3N., R.1 E., 14. HORIZONTAL DATUM: NAD 83 STATE PLANE COORDINATES IDAHO WEST ZONE 1103 BM: ELEAVTION = 2627.17, NAVD 88 DATUM. E ADDRESS:462 E.SHORE DR.,SUITE 100 Preliminary Plat g o EAGLE, ID 83616 15. VERTICAL DATUM: NAVD 1988 Preliminar Plat PHONE: 208.939.4041 U E � 0 30' 60' Ewa 1o1 _ Horizontal Scale: 1" = 30' f ��o MATERIALS MFTESTING & INSPECTION AN ATLAS COMPANY ❑Environmental Services ❑Geotechnical Engineering ❑Construction Materials Testing ❑Special Inspections GEOTECHNICAL ENGINEERING REPORT of Proposed Commercial Development 3085 East Ustick Road Meridian, ID Prepared for: Barclay Group 2390 East Camelback Road, Suite 200 Phoenix, AZ 85016 MTI File Number B191254g 2791 S Victory View Way•Boise, ID 83709•(208)376-4748•Fax(208)322-6515 www.mti-id.com•mti cbmti-id.com MATERIALS 25 July 2019 TESTING & Page# 1 of 30 MF INSPECTION b191254g_geotech AN ATLAS COMPANY ❑Environmental Services ❑Geotechnical Engineering ❑Construction Materials Testing ❑Special Inspections Ms. Mollie Zemer Barclay Group 2390 East Camelback Road, Suite 200 Phoenix,AZ 85016 602-224-4170 Re: Geotechnical Engineering Report Proposed Commercial Development 3085 East Ustick Road Meridian, ID Dear Ms. Zemer: In compliance with your instructions, MTI has conducted a soils exploration and foundation evaluation for the above referenced development. Fieldwork for this investigation was conducted on 12 July 2019. Data have been analyzed to evaluate pertinent geotechnical conditions. Results of this investigation, together with our recommendations, are to be found in the following report. We have provided a PDF copy for your review and distribution. Often, questions arise concerning soil conditions because of design and construction details that occur on a project. MTI would be pleased to continue our role as geotechnical engineers during project implementation. Additionally, MTI can provide materials testing and special inspection services during construction of this project. If you will advise us of the appropriate time to discuss these engineering services, we will meet with you at your convenience. MTI appreciates this opportunity to be of service to you and looks forward to working with you in the future. If you have questions, please call (208) 376-4748. Respectfully Submitted, AL O �N NSFoNcy Materials Testing & Inspection Q� F� 14898 7/25/2019 13 L Fe T9T F OF Jacob Schlador, P.E. Reviewed by: Elizabeth Brown, P.E. BET H BRO Geotechnical Engineer Geotechnical Services Manager 2791 S Victory View Way•Boise,ID 83709•(208)376-4748•Fax(208)322-6515 Copyri www.mti-id.com•mti(cDmti-id.com ght©Testing g&Inspection MATERIALS 25 July 2019 TESTING & Page#2 of 30 MF INSPECTION b I 91254g_geotech AN ATLAS COMPANY ❑Environmental Services ❑Geotechnical Engineering ❑Construction Materials Testing ❑Special Inspections TABLE OF CONTENTS INTRODUCTION...............................................................................................................................................................3 ProjectDescription.................................................................................................................................................3 Authorization..........................................................................................................................................................3 Purpose...................................................................................................................................................................3 Scopeof Investigation............................................................................................................................................4 Warranty and Limiting Conditions.........................................................................................................................4 SITEDESCRIPTION..........................................................................................................................................................5 SiteAccess..............................................................................................................................................................5 RegionalGeology...................................................................................................................................................5 General Site Characteristics....................................................................................................................................6 Regional Site Climatology and Geochemistry........................................................................................................6 SEISMICSITE EVALUATION............................................................................................................................................6 GeoseismicSetting.................................................................................................................................................6 Seismic Design Parameter Values..........................................................................................................................6 SOILSEXPLORATION......................................................................................................................................................7 Exploration and Sampling Procedures....................................................................................................................7 LaboratoryTesting Program...................................................................................................................................8 Soiland Sediment Profile.......................................................................................................................................8 VolatileOrganic Scan.............................................................................................................................................8 SITEHYDROLOGY...........................................................................................................................................................8 Groundwater...........................................................................................................................................................9 SoilInfiltration Rates..............................................................................................................................................9 FOUNDATION,SLAB,AND PAVEMENT DISCUSSION AND RECOMMENDATIONS.............................................................10 Foundation Design Recommendations.................................................................................................................10 Foundation Drain Recommendations...................................................................................................................I I FloorSlab-on-Grade.............................................................................................................................................I I Recommended Pavement Sections.......................................................................................................................12 FlexiblePavement Sections..................................................................................................................................12 Pavement Subgrade Preparation...........................................................................................................................13 Common Pavement Section Construction Issues .................................................................................................13 CONSTRUCTION CONSIDERATIONS...............................................................................................................................14 Earthwork.............................................................................................................................................................14 DryWeather.........................................................................................................................................................14 WetWeather.........................................................................................................................................................15 SoftSubgrade Soils..............................................................................................................................................15 FrozenSubgrade Soils..........................................................................................................................................15 StructuralFill........................................................................................................................................................16 Backfillof Walls...................................................................................................................................................17 Excavations...........................................................................................................................................................17 GroundwaterControl............................................................................................................................................17 GENERALCOMMENTS..................................................................................................................................................18 REFERENCES.................................................................................................................................................................19 APPENDICES.................................................................................................................................................................20 AcronymList........................................................................................................................................................20 Geotechnical General Notes.................................................................................................................................21 Geotechnical Investigation Test Pit Log...............................................................................................................22 AASHTO Pavement Thickness Design Procedures.............................................................................................27 Plate1:Vicinity Map............................................................................................................................................29 Plate2: Site Map...................................................................................................................................................30 2791 S Victory View Way•Boise,ID 83709•(208)376-4748•Fax(208)322-6515 Copyri www.mti-id.com•mti(cDmti-id.com ght©Testing g&Inspection MATERIALS 25 July 2019 TESTING & Page# 3 of 30 MF INSPECTION b191254g_geotech AN ATLAS COMPANY ❑Environmental Services ❑Geotechnical Engineering ❑Construction Materials Testing ❑Special Inspections INTRODUCTION This report presents results of a geotechnical investigation and analysis in support of data utilized in design of structures as defined in the 2015 International Building Code (IBC). Information in support of groundwater and stormwater issues pertinent to the practice of Civil Engineering is included. Observations and recommendations relevant to the earthwork phase of the project are also presented. Revisions in plans or drawings for the proposed development from those enumerated in this report should be brought to the attention of the soils engineer to determine whether changes in the provided recommendations are required. Deviations from noted subsurface conditions, if encountered during construction, should also be brought to the attention of the soils engineer. Project Description The proposed development is in the eastern portion of the City of Meridian, Ada County, ID, and occupies a portion of the NE'/4NE'/4 of Section 6, Township 4 North, Range 2 East, Boise Meridian. This project will consist of construction of four commercial structures varying in size between 3,500 to 8,800 square feet. The site to be developed is approximately 3.3 acres in size, which is to be developed into four commercial lots. Total settlements are limited to 1 inch. Loads of up to 4,000 pounds per lineal foot for wall footings,and column loads of up to 50,000 pounds were assumed for settlement calculations. Additionally, assumptions have been made for traffic loading of pavements. Retaining walls are not anticipated as part of the project. MTI has not been informed of the proposed grading plan. Authorization Authorization to perform this exploration and analysis was given in the form of a written authorization to proceed from Colby Fincham of Barclay Group to Elizabeth Brown of Materials Testing and Inspection(MTI), on 26 June 2019. Said authorization is subject to terms,conditions,and limitations described in the Professional Services Contract entered into between Barclay Group and MTI. Our scope of services for the proposed development has been provided in our proposal dated 18 June 2019 and repeated below. Purpose The purpose of this Geotechnical Engineering Report is to determine various soil profile components and their engineering characteristics for use by either design engineers or architects in: • Preparing or verifying suitability of foundation design and placement • Preparing site drainage designs • Indicating issues pertaining to earthwork construction • Preparing light and heavy duty pavement section design requirements 2791 S Victory View Way•Boise,ID 83709•(208)376-4748•Fax(208)322-6515 Copyri www.mti-id.com•mti(cDmti-id.com ght©Testing g&Inspection MATERIALS 25 July 2019 TESTING & Page#4 of 30 MF INSPECTION b191254g_geotech AN ATLAS COMPANY ❑Environmental Services ❑Geotechnical Engineering ❑Construction Materials Testing ❑Special Inspections Scope of Investigation The scope of this investigation included review of geologic literature and existing available geotechnical studies of the area, visual site reconnaissance of the immediate site, subsurface exploration of the site, field and laboratory testing of materials collected, and engineering analysis and evaluation of foundation materials. The scope of work did not include design recommendations specific to individual residences. Warranty and Limiting Conditions MTI warrants that findings and conclusions contained herein have been formulated in accordance with generally accepted professional engineering practice in the fields of foundation engineering, soil mechanics, and engineering geology only for the site and project described in this report. These engineering methods have been developed to provide the client with information regarding apparent or potential engineering conditions relating to the site within the scope cited above and are necessarily limited to conditions observed at the time of the site visit and research. Field observations and research reported herein are considered sufficient in detail and scope to form a reasonable basis for the purposes cited above. Exclusive Use This report was prepared for exclusive use of the property owner(s), at the time of the report, and their retained design consultants ("Client"). Conclusions and recommendations presented in this report are based on the agreed-upon scope of work outlined in this report together with the Contract for Professional Services between the Client and Materials Testing and Inspection("Consultant"). Use or misuse of this report,or reliance upon findings hereof, by parties other than the Client is at their own risk. Neither Client nor Consultant make representation of warranty to such other parties as to accuracy or completeness of this report or suitability of its use by such other parties for purposes whatsoever, known or unknown, to Client or Consultant. Neither Client nor Consultant shall have liability to indemnify or hold harmless third parties for losses incurred by actual or purported use or misuse of this report. No other warranties are implied or expressed. Report Recommendations are Limited and Subiect to Misinterpretation There is a distinct possibility that conditions may exist that could not be identified within the scope of the investigation or that were not apparent during our site investigation. Findings of this report are limited to data collected from noted explorations advanced and do not account for unidentified fill zones,unsuitable soil types or conditions,and variability in soil moisture and groundwater conditions. To avoid possible misinterpretations of findings, conclusions, and implications of this report, MTI should be retained to explain the report contents to other design professionals as well as construction professionals. Since actual subsurface conditions on the site can only be verified by earthwork, note that construction recommendations are based on general assumptions from selective observations and selective field exploratory sampling. Upon commencement of construction, such conditions may be identified that require corrective actions, and these required corrective actions may impact the project budget. Therefore, construction recommendations in this report should be considered preliminary,and MTI should be retained to observe actual subsurface conditions during earthwork construction activities to provide additional construction recommendations as needed. 2791 S Victory View Way•Boise,ID 83709•(208)376-4748•Fax(208)322-6515 Copyri www.mti-id.com•mti(cDmti-id.com ght©Testing g&Inspection MATERIALS 25 July 2019 TESTING & Page# 5 of 30 MF INSPECTION b191254g_geotech AN ATLAS COMPANY ❑Environmental Services ❑Geotechnical Engineering ❑Construction Materials Testing ❑Special Inspections Since geotechnical reports are subject to misinterpretation, do not separate the soil logs from the report. Rather, provide a copy of, or authorize for their use, the complete report to other design professionals or contractors. Locations of exploratory sites referenced within this report should be considered approximate locations only. For more accurate locations, services of a professional land surveyor are recommended. This report is also limited to information available at the time it was prepared. In the event additional information is provided to MTI following publication of our report, it will be forwarded to the client for evaluation in the form received. Environmental Concerns Comments in this report concerning either onsite conditions or observations, including soil appearances and odors, are provided as general information. These comments are not intended to describe, quantify, or evaluate environmental concerns or situations. Since personnel, skills, procedures, standards, and equipment differ, a geotechnical investigation report is not intended to substitute for a geoenvironmental investigation or a Phase II/III Environmental Site Assessment. If environmental services are needed, MTI can provide, via a separate contract, those personnel who are trained to investigate and delineate soil and water contamination. SITE DESCRIPTION Site Access Access to the site may be gained via Interstate 84 to the Eagle Road exit. Proceed north on Eagle Road approximately 2.5 miles to its intersection with Ustick Road. The site occupies the southwest corner of this intersection. Presently the site exists an undeveloped lot. The location is depicted on site map plates included in the Appendix. Regional Geology The project site is located within the western Snake River Plain of southwestern Idaho and eastern Oregon. The plain is a northwest trending rift basin, about 45 miles wide and 200 miles long,that developed about 14 million years ago(Ma)and has since been occupied sporadically by large inland lakes. Geologic materials found within and along the plain's margins reflect volcanic and fluvial/lacustrine sedimentary processes that have led to an accumulation of approximately 1 to 2 km of interbedded volcanic and sedimentary deposits within the plain. Along the margins of the plain, streams that drained the highlands to the north and south provided coarse to fine-grained sediments eroded from granitic and volcanic rocks, respectively. About 2 million years ago the last of the lakes was drained and since that time fluvial erosion and deposition has dominated the evolution of the landscape. The project site is underlain by the "Gravel of Whitney Terrace" as mapped by Othberg and Stanford (1993). Sediments of the Whitney terrace consist of sandy pebble and cobble gravel. The Whitney terrace is the second terrace above modern Boise River floodplain, is thickest toward its eastern extent, and is mantled with 2-6 feet of loess. 2791 S Victory View Way•Boise,ID 83709•(208)376-4748•Fax(208)322-6515 Copyri www.mti-id.com•mti(cDmti-id.com ght©Testing g&Inspection MATERIALS 25 July 2019 TESTING & Page# 6 of 30 MF INSPECTION b191254g_geotech AN ATLAS COMPANY ❑Environmental Services ❑Geotechnical Engineering ❑Construction Materials Testing ❑Special Inspections General Site Characteristics This proposed development consists of approximately 3.3 acres of relatively flat and level terrain. Throughout the majority of the site, surficial materials consisted of various gravel fill materials and native lean clays. A canal that had recently been piped was present on the southern boundary of the site. Vegetation primarily consists of bunchgrass and other native grass varieties typical of and to semi-arid environments. Regional drainage is north and west toward the Boise River. Stormwater drainage for the site is achieved by percolation through surficial soils. The site is situated so that it is unlikely that it will receive any stormwater drainage from off-site sources. Stormwater drainage collection and retention systems are not in place on the project site, but were noted in the form of curbs, gutters, and drop inlets along Ustick Road. Regional Site Climatology and Geochemistry According to the Western Regional Climate Center, the average precipitation for the Treasure Valley is on the order of 10 to 12 inches per year, with an annual snowfall of approximately 20 inches and a range from 3 to 49 inches. The monthly mean daily temperatures range from 217 to 95°F, with daily extremes ranging from - 25°F to 111°F. Winds are generally from the northwest or southeast with an annual average wind speed of approximately 9 miles per hour(mph)and a maximum of 62 mph. Soils and sediments in the area are primarily derived from siliceous materials and exhibit low electro-chemical potential for corrosion of metals or concretes. Local aggregates are generally appropriate for Portland cement and lime cement mixtures. Surface water, groundwater, and soils in the region typically have pH levels ranging from 7.2 to 8.2. SEISMIC SITE EVALUATION Geoseismic Setting Soils on site are classed as Site Class D in accordance with Chapter 20 of the American Society of Civil Engineers (ASCE)publication ASCE/SEI 7-10. Structures constructed on this site should be designed per IBC requirements for such a seismic classification. Our investigation did not reveal hazards resulting from potential earthquake motions including: slope instability, liquefaction, and surface rupture caused by faulting or lateral spreading. Incidence and anticipated acceleration of seismic activity in the area is low. Seismic Design Parameter Values The United States Geological Survey National Seismic Hazard Maps (2008), includes a peak ground acceleration map. The map for 2% probability of exceedance in 50 years in the Western United States in standard gravity (g) indicates that a peak ground acceleration of 0.201 is appropriate for the project site based on a Site Class D. 2791 S Victory View Way•Boise,ID 83709•(208)376-4748•Fax(208)322-6515 Copyri www.mti-id.com•mti(cDmti-id.com ght©Testing g&Inspection MATERIALS 25 July 2019 TESTING & Page# 7 of 30 MF INSPECTION b191254g_geotech AN ATLAS COMPANY ❑Environmental Services ❑Geotechnical Engineering ❑Construction Materials Testing ❑Special Inspections The following section provides an assessment of the earthquake-induced earthquake loads for the site based on the Risk-Targeted Maximum Considered Earthquake (MCER). The MCER spectral response acceleration for short periods, Stirs, and at 1-second period, SNn, are adjusted for site class effects as required by the 2015 IBC. Design spectral response acceleration parameters as presented in the 2015 IBC are defined as a 5% damped design spectral response acceleration at short periods, SDs, and at 1-second period, SDI. The USGS National Seismic Hazards Mapping Project includes a program that provides values for ground motion at a selected site based on the same data that were used to prepare the USGS ground motion maps. The maps were developed using attenuation relationships for soft rock sites; the source model, assumptions, and empirical relationships used in preparation of the maps are described in Petersen and others (1996). Seismic Design Values Seismic Design Parameter Design Value Site Class D "Stiff Soil" SS 0.297 (g) Si 0.104 (g) Fa 1.562 Fv 2.385 SMS 0.464 SMi 0.247 SDs 0.310 SD1 0.165 SOILS EXPLORATION Exploration and Sampling Procedures Field exploration conducted to determine engineering characteristics of subsurface materials included a reconnaissance of the project site and investigation by test pit. Test pit sites were located in the field by means of a Global Positioning System (GPS) device and are reportedly accurate to within eleven feet. Upon completion of investigation, each test pit was backfilled with loose excavated materials. Re-excavation and compaction of these test pit areas are required prior to construction of overlying structures. In addition, samples were obtained from representative soil strata encountered. Samples obtained have been visually classified in the field by professional staff, identified according to test pit number and depth,placed in sealed containers, and transported to our laboratory for additional testing. Subsurface materials have been described in detail on logs provided in the Appendix. Results of field and laboratory tests are also presented in the Appendix. MTI recommends that these logs not be used to estimate fill material quantities. 2791 S Victory View Way•Boise,ID 83709•(208)376-4748•Fax(208)322-6515 Copyri www.mti-id.com•mti(cDmti-id.com ght©Testing g&Inspection MATERIALS 25 July 2019 TESTING & Page# 8 of 30 MF INSPECTION b191254g_geotech AN ATLAS COMPANY ❑Environmental Services ❑Geotechnical Engineering ❑Construction Materials Testing ❑Special Inspections Laboratory Testing Program Along with our field investigation, a supplemental laboratory testing program was conducted to determine additional pertinent engineering characteristics of subsurface materials necessary in an analysis of anticipated behavior of the proposed structures. Laboratory tests were conducted in accordance with current applicable American Society for Testing and Materials (ASTM) specifications, and results of these tests are to be found on the accompanying logs located in the Appendix. The laboratory testing program for this report included: Atterberg Limits Testing—ASTM D4318 and Grain Size Analysis—ASTM C 117/C 136. Soil and Sediment Profile The profile below represents a generalized interpretation for the project site. Note that on site soils strata, encountered between test pit locations, may vary from the individual soil profiles presented in the logs, which can be found in the Appendix. The materials encountered during exploration were quite typical for the geologic area mapped as Gravel of Whitney Terrace. In test pits 2 and 5, gravelly fill materials were encountered at ground surface. These fills were brown to light brown, dry, loose to dense, and contained fine to coarse-grained sand and fine to coarse gravel. At ground surface in test pits 1, 3, and 4 and underlying the surficial fills were lean clay soils. Lean clays were dark brown to brown, dry to slightly moist, medium stiff to hard, and contained fine-grained sand. Beneath the lean clays were sandy silt soils. Sandy silts were brown to light brown, dry to slightly moist, stiff to hard, and contained fine to medium-grained sand and varying degrees of calcium carbonate cementation. At depth within all test pits except test pit 4 were poorly graded gravel with sand sediments. Poorly graded gravels with sand were light brown to brown, dry to slightly moist, dense to very dense, and contained fine to coarse- grained sand, fine to coarse gravel, and 6-inch-minus cobbles. Competency of test pit sidewalls varied little across the site. In general,fine grained soils remained stable while more granular sediments readily sloughed. However, moisture contents will also affect wall competency with saturated soils having a tendency to readily slough when under load and unsupported. Volatile Organic Scan No environmental concerns were identified prior to commencement of the investigation. Therefore, soils obtained during on-site activities were not assessed for volatile organic compounds by portable photoionization detector. Samples obtained during our exploration activities exhibited no odors or discoloration typically associated with this type of contamination. No groundwater was encountered. SITE HYDROLOGY Existing surface drainage conditions are defined in the General Site Characteristics section. Information provided in this section is limited to observations made at the time of the investigation. Either regional or local ordinances may require information beyond the scope of this report. 2791 S Victory View Way•Boise,ID 83709•(208)376-4748•Fax(208)322-6515 Copyri www.mti-id.com•mti(cDmti-id.com ght©Testing g&Inspection MATERIALS 25 July 2019 TESTING & Page# 9 of 30 MF INSPECTION b191254g_geotech AN ATLAS COMPANY ❑Environmental Services ❑Geotechnical Engineering ❑Construction Materials Testing ❑Special Inspections Groundwater During this field investigation, groundwater was not encountered in test pits advanced to a maximum depth of 16.2 feet bgs. Soil moistures in the test pits were generally dry to slightly moist throughout. In the vicinity of the project site, groundwater levels are controlled in large part by residential and commercial irrigation activity and leakage from nearby canals. Maximum groundwater elevations likely occur during the later portion of the irrigation season. During a previous investigation performed on portions of the site, groundwater was not encountered within test pits advanced to a maximum depth of 15.3 feet bgs. MTI has previously performed 6 geotechnical investigations within 0.15 mile of the project site. Information from these investigations has been provided in the table below. Groundwater Data Date Approximate Distance Direction from Site Groundwater Depth from Site (mile) (feet bgs) October 2005 0.06 North 18.0 to 21.5 April 2007 0.06 North Not Encountered to 13.7 February 2009 0.15 Northwest Not Encountered to 26.5 September 2015 0.05 West 19.6 to 22.0 September 2018 0.07 South Not Encountered to 16.6 December 2018 0.07 South Not Encountered to 21.5 Based on evidence of this investigation and background knowledge of the area, MTI estimates groundwater depths to remain greater than approximately 17 feet bgs throughout the year. This depth can be confirmed through long-term groundwater monitoring. Soil Infiltration Rates Soil permeability,which is a measure of the ability of a soil to transmit a fluid,was not tested in the field. Given the absence of direct measurements, for this report an estimation of infiltration is presented using generally recognized values for each soil type and gradation. Of soils comprising the generalized soil profile for this study, lean clay soils generally offer little permeability, with typical hydraulic infiltration rates of less than 2 inches per hour. Sandy silt soils will commonly exhibit infiltration rates from 2 to 4 inches per hour; though calcium carbonate cementation may reduce this value to near zero. Poorly graded gravel with sand sediments typically exhibit infiltration values in excess of 12 inches per hour. Infiltration testing is generally not required within these sediments because of their free-draining nature. It is recommended that infiltration facilities constructed on the site be extended into native poorly graded gravel with sand sediments. Excavation depths of approximately 3.9 to 6.9 feet bgs should be anticipated to expose these poorly graded gravel with sand sediments. Because of the high soil permeability, ASTM C33 filter sand, or equivalent, should be incorporated into design of infiltration facilities. An infiltration rate of 8 inches per hour should be used in design. Actual infiltration rates should be confirmed at the time of construction. 2791 S Victory View Way•Boise,ID 83709•(208)376-4748•Fax(208)322-6515 Copyri www.mti-id.com•mti(cDmti-id.com ght©Testing g&Inspection MATERIALS 25 July 2019 TESTING & Page# 10 of 30 MF INSPECTION b191254g_geotech AN ATLAS COMPANY ❑Environmental Services ❑Geotechnical Engineering ❑Construction Materials Testing ❑Special Inspections FOUNDATION, SLAB,AND PAVEMENT DISCUSSION AND RECOMMENDATIONS Various foundation types have been considered for support of the proposed development. Two requirements must be met in the design of foundations. First,the applied bearing stress must be less than the ultimate bearing capacity of foundation soils to maintain stability. Second, total and differential settlement must not exceed an amount that will produce an adverse behavior of the superstructure. Allowable settlement is usually exceeded before bearing capacity considerations become important; thus, allowable bearing pressure is normally controlled by settlement considerations. Considering subsurface conditions and the proposed construction, it is recommended that the structure be founded upon conventional spread footings and continuous wall footings. Total settlements should not exceed 1 inch if the following design and construction recommendations are observed. Foundation Design Recommendations Based on data obtained from the site and test results from various laboratory tests performed,MTI recommends the following guidelines for the net allowable soil bearing capacity: Soil Bearing Capacity Footing Depth ASTM D1557 Net Allowable Sub grade Compaction Soil Bearing Capacity Footings must bear on competent, undisturbed, native sandy silt soils, poorly graded gravel with sand sediments, or compacted structural fill. Not Required for Native Existing lean clay soils and fill materials must be Soil 2,000 Ibs/ft2 completely removed from below foundation elements.' Excavation depths ranging from roughly 95% for Structural Fill 1.7 to 2.6 feet bgs should be anticipated to expose proper bearing soils.2 'It will be required for MTI personnel to verify the bearing soil suitability for each structure at the time of construction. 2Depending on the time of year construction takes place, the subgrade soils may be unstable because of high moisture contents. If unstable conditions are encountered,over-excavation and replacement with granular structural fill and/or use of geotextiles may be required. The following sliding frictional coefficient values should be used: 1) 0.35 for footings bearing on native sandy silt soils and 2) 0.45 for footings bearing on granular structural fill and native poorly graded gravel with sand sediments. A passive lateral earth pressure of 339 pounds per square foot per foot (psf/ft) should be used for sandy silt soils. For compacted sandy gravel fill and native poorly graded gravels with sand, a passive lateral earth pressure of 496 psf/ft should be used. 2791 S Victory View Way•Boise,ID 83709•(208)376-4748•Fax(208)322-6515 Copyri www.mti-id.com•mti(cDmti-id.com ght©Testing g&Inspection MATERIALS 25 July 2019 TESTING & Page# 11 of 30 MF INSPECTION b191254g_geotech AN ATLAS COMPANY ❑Environmental Services ❑Geotechnical Engineering ❑Construction Materials Testing ❑Special Inspections Footings should be proportioned to meet either the stated soil bearing capacity or the 2015 113C minimum requirements. Total settlement should be limited to approximately 1 inch, and differential settlement should be limited to approximately '/2 inch. Objectionable soil types encountered at the bottom of footing excavations should be removed and replaced with structural fill. Excessively loose or soft areas that are encountered in the footings subgrade will require over-excavation and backfilling with structural fill. To minimize the effects of slight differential movement that may occur because of variations in the character of supporting soils and seasonal moisture content, MTI recommends continuous footings be suitably reinforced to make them as rigid as possible. For frost protection, the bottom of external footings should be 30 inches below finished grade. Foundation Drain Recommendations Considering the presence of shallow cemented soils across the site, MTI recommends that a foundation drain be installed. The drain should be placed at the footing elevation and be directed to a suitable discharge point at least 10 feet away from the structure. Discharge points should be protected to prevent erosion. Floor Slab-on-Grade Uncontrolled fill was encountered in portions of the site. MTI recommends that these fill materials be excavated to a sufficient depth to expose competent, native soils. MTI personnel must be present during excavation to identify these materials. Native clay soils are moderately plastic and will be susceptible to shrink/swell movements associated with moisture changes. The clay soils should be scarified to a depth of 6 inches and compacted between 92 to 98 percent of the maximum dry density as determined by ASTM D698. The moisture content should be within 2 percent of optimum. Structural fill should be placed as soon as possible after compaction of clay soils in order to limit moisture loss within the upper clays. Ground surfaces should be sloped away from structures at a minimum of 5 percent for a distance of 10 feet to provide positive drainage of surface water away from buildings. Grading must be provided and maintained following construction. Organic, loose, or obviously compressive materials must be removed prior to placement of concrete floors or floor-supporting fill. In addition, the remaining subgrade should be treated in accordance with guidelines presented in the Earthwork section. Areas of excessive yielding should be excavated and backfilled with structural fill. Fill used to increase the elevation of the floor slab should meet requirements detailed in the Structural Fill section. Fill materials must be compacted to a minimum 95 percent of the maximum dry density as determined by ASTM D1557. A free-draining granular mat(drainage fill course) should be provided below slabs-on-grade. This should be a minimum of 4 inches in thickness and properly compacted. The mat should consist of a sand and gravel mixture, complying with Idaho Standards for Public Works Construction (ISPWC) specifications for 3/4-inch (Type 1) crushed aggregate. The granular mat should be compacted to no less than 95 percent of the maximum dry density as determined by ASTM D1557. 2791 S Victory View Way•Boise,ID 83709•(208)376-4748•Fax(208)322-6515 Copyri www.mti-id.com•mti(cDmti-id.com ght©Testing g&Inspection MATERIALS 25 July 2019 TESTING & Page# 12 of 30 MF INSPECTION b191254g_geotech AN ATLAS COMPANY ❑Environmental Services ❑Geotechnical Engineering ❑Construction Materials Testing ❑Special Inspections A moisture-retarder should be placed beneath floor slabs to minimize potential ground moisture effects on moisture-sensitive floor coverings. The moisture-retarder should be at least 15-mil in thickness and have a permeance of less than 0.01 US perms as determined by ASTM E96. Placement of the moisture-retarder will require special consideration with regard to effects on the slab-on-grade and should adhere to recommendations outlined in the ACI 302.1 R and ASTM E 1745 publications. Upon request,MTI can provide further consultation regarding installation. Recommended Pavement Sections MTI has made assumptions for traffic loading variables based on the character of the proposed construction. The Client shall review and understand these assumptions to make sure they reflect intended use and loading of pavements both now and in the future. Based on experience with soils in the region, a subgrade California Bearing Ratio (CBR) value of 3 has been assumed for near-surface lean clay soils on site. The following are minimum thickness requirements for assured pavement function. Depending on site conditions, additional work, e.g. soil preparation, may be required to support construction equipment. These have been listed within the Soft Subgrade Soils section. Flexible Pavement Sections The American Association of State Highway and Transportation Officials (AASHTO) design method has been used to calculate the following pavement sections. Calculation sheets provided in the Appendix indicate the soils constant,traffic loading,traffic projections,and material constants used to calculate the pavement sections. MTI recommends that materials used in the construction of asphaltic concrete pavements meet requirements of the ISPWC Standard Specification for Highway Construction. Construction of the pavement section should be in accordance with these specifications and should adhere to guidelines recommended in the section on Construction Considerations. AASHTO Flexible Pavement Specifications Pavement Section Component' Driveways and Parking Driveways and Parking Light Duty Heavy Duty Asphaltic Concrete 2.5 Inches 3.0 Inches Crushed Aggregate Base 4.0 Inches 6.0 Inches Structural Subbase 12.0 Inches 14.0 Inches Compacted Subgrade See Pavement Subgrade See Pavement Subgrade Preparation Section Preparation Section 1It will be required for MTI personnel to verify subgrade competency at the time of construction. 2791 S Victory View Way•Boise,ID 83709•(208)376-4748•Fax(208)322-6515 Copyri www.mti-id.com•mti(cDmti-id.com ght©Testing g&Inspection MATERIALS 25 July 2019 TESTING & Page# 13 of 30 MF INSPECTION b191254g_geotech AN ATLAS COMPANY ❑Environmental Services ❑Geotechnical Engineering ❑Construction Materials Testing ❑Special Inspections Asphaltic Concrete: Asphalt mix design shall meet the requirements of ISPWC, Section 810 Class III plant mix. Materials shall be placed in accordance with ISPWC Standard Specifications for Highway Construction. Aggregate Base: Material complying with ISPWC Standards for Crushed Aggregate Materials. Structural Subbase: Granular structural fill material complying with the requirements detailed in the Structural Fill section of this report except that the maximum material diameter is no more than 2/3 the component thickness. Gradation and suitability requirements shall be per ISPWC Section 801, Table 1. Pavement Sub2rade Preparation Uncontrolled fill was encountered in portions of the site. MTI recommends that these fill materials be excavated to a sufficient depth to expose competent, native soils. MTI personnel must be present during excavation to identify these materials. Native clay soils are moderately plastic and will be susceptible to shrink/swell movements associated with moisture changes. The clay soils should be scarified to a depth of 6 inches and compacted between 92 to 98 percent of the maximum dry density as determined by ASTM D698. The moisture content should be within 2 percent of optimum. Structural fill should be placed as soon as possible after compaction of clay soils in order to limit moisture loss within the upper clays. Common Pavement Section Construction Issues The subgrade upon which above pavement sections are to be constructed must be properly stripped, compacted (if indicated),inspected, and proof-rolled. Proof rolling of subgrade soils should be accomplished using a heavy rubber-tired, fully loaded,tandem-axle dump truck or equivalent. Verification of subgrade competence by MTI personnel at the time of construction is required. Fill materials on the site must demonstrate the indicated compaction prior to placing material in support of the pavement section. MTI anticipated that pavement areas will be subjected to moderate traffic. Subgrade clays and silts near and above optimum moisture contents rn pump during compaction. Pumping or soft areas must be removed and replaced with structural fill. Fill material and aggregates, as well as compacted native subgrade soils, in support of the pavement section must be compacted to no less than 95 percent of the maximum dry density as determined by ASTM D698 for flexible pavements and by ASTM D 1557 for rigid pavements. If a material placed as a pavement section component cannot be tested by usual compaction testing methods, then compaction of that material must be approved by observed proof rolling. Minor deflections from proof rolling for flexible pavements are allowable. Deflections from proof rolling of rigid pavement support courses should not be visually detectable. MTI recommends that rigid concrete pavement be provided for heavy garbage receptacles. This will eliminate damage caused by the considerable loading transferred through the small steel wheels onto asphaltic concrete. Rigid concrete pavement should consist of Portland Cement Concrete Pavement (PCCP) generally adhering to ITD specifications for Urban Concrete. PCCP should be 6 inches thick on a 4-inch drainage fill course (see Floor Slab-on-Grade section), and should be reinforced with welded wire fabric. Control joints must be on 12-foot centers or less. 2791 S Victory View Way•Boise,ID 83709•(208)376-4748•Fax(208)322-6515 Copyri www.mti-id.com•mti(cDmti-id.com ght©Testing g&Inspection MATERIALS 25 July 2019 TESTING & Page# 14 of 30 MF INSPECTION b191254g_geotech AN ATLAS COMPANY ❑Environmental Services ❑Geotechnical Engineering ❑Construction Materials Testing ❑Special Inspections CONSTRUCTION CONSIDERATIONS Recommendations in this report are based upon structural elements of the project being founded on competent, native sandy silt soils,poorly graded gravel with sand sediments, or compacted structural fill. Structural areas should be stripped to an elevation that exposes these soil types. Earthwork Excessively organic soils,deleterious materials,or disturbed soils generally undergo high volume changes when subjected to loads, which is detrimental to subgrade behavior in the area of pavements, floor slabs, structural fills, and foundations. Brush and thick grasses with associated root systems were noted at the time of our investigation. It is recommended that organic or disturbed soils, if encountered,be removed to depths of 1 foot (minimum), and wasted or stockpiled for later use. Stripping depths should be adjusted in the field to assure that the entire root zone or disturbed zone or topsoil are removed prior to placement and compaction of structural fill materials. Exact removal depths should be determined during grading operations by MTI personnel, and should be based upon subgrade soil type, composition, and firmness or soil stability. If underground storage tanks,underground utilities,wells, or septic systems are discovered during construction activities,they must be decommissioned then removed or abandoned in accordance with governing Federal, State, and local agencies. Excavations developed as the result of such removal must be backfilled with structural fill materials as defined in the Structural Fill section. MTI should oversee subgrade conditions (i.e., moisture content) as well as placement and compaction of new fill(if required) after native soils are excavated to design grade. Recommendations for structural fill presented in this report can be used to minimize volume changes and differential settlements that are detrimental to the behavior of footings, pavements, and floor slabs. Sufficient density tests should be performed to properly monitor compaction. For structural fill beneath building structures, one in-place density test per lift for every 5,000 square feet is recommended. In parking and driveway areas, this can be decreased to one test per lift for every 10,000 square feet. Dry Weather If construction is to be conducted during dry seasonal conditions,many problems associated with soft soils may be avoided. However,some rutting of subgrade soils may be induced by shallow groundwater conditions related to springtime runoff or irrigation activities during late summer through early fall. Solutions to problems associated with soft subgrade soils are outlined in the Soft Subgrade Soils section. Problems may also arise because of lack of moisture in native and fill soils at time of placement. This will require the addition of water to achieve near-optimum moisture levels. Low-cohesion soils exposed in excavations may become friable, increasing chances of sloughing or caving. Measures to control excessive dust should be considered as part of the overall health and safety management plan. 2791 S Victory View Way•Boise,ID 83709•(208)376-4748•Fax(208)322-6515 Copyri www.mti-id.com•mti(cDmti-id.com ght©Testing g&Inspection MATERIALS 25 July 2019 TESTING & Page# 15 of 30 MF INSPECTION b191254g_geotech AN ATLAS COMPANY ❑Environmental Services ❑Geotechnical Engineering ❑Construction Materials Testing ❑Special Inspections Wet Weather If construction is to be conducted during wet seasonal conditions (commonly from mid-November through May),problems associated with soft soils must be considered as part of the construction plan. During this time of year, fine-grained soils such as silts and clays will become unstable with increased moisture content, and eventually deform or rut. Additionally, constant low temperatures reduce the possibility of drying soils to near optimum conditions. Soft Subgrade Soils Shallow fine-grained subgrade soils that are high in moisture content should be expected to pump and rut under construction traffic. During periods of wet weather, construction may become very difficult if not impossible. The following recommendations and options have been included for dealing with soft subgrade conditions: • Track-mounted vehicles should be used to strip the subgrade of root matter and other deleterious debris. Heavy rubber-tired equipment should be prohibited from operating directly on the native subgrade and areas in which structural fill materials have been placed. Construction traffic should be restricted to designated roadways that do not cross, or cross on a limited basis, proposed roadway or parking areas. • Soft areas can be over-excavated and replaced with granular structural fill. • Construction roadways on soft subgrade soils should consist of a minimum 2-foot thickness of large cobbles of 4 to 6 inches in diameter with sufficient sand and fines to fill voids. Construction entrances should consist of a 6-inch thickness of clean, 2-inch minimum, angular drain-rock and must be a minimum of 10 feet wide and 30 to 50 feet long. During the construction process, top dressing of the entrance may be required for maintenance. • Scarification and aeration of subgrade soils can be employed to reduce the moisture content of wet subgrade soils. After stripping is complete,the exposed subgrade should be ripped or disked to a depth of 1'/2 feet and allowed to air dry for 2 to 4 weeks. Further disking should be performed on a weekly basis to aid the aeration process. • Alternative soil stabilization methods include use of geotextiles, lime, and cement stabilization. MTI is available to provide recommendations and guidelines at your request. Frozen Subgrade Soils Prior to placement of structural fill materials or foundation elements, frozen subgrade soils must either be allowed to thaw or be stripped to depths that expose non-frozen soils and wasted or stockpiled for later use. Stockpiled materials must be allowed to thaw and return to near-optimal conditions prior to use as fill. The onsite, shallow lean clay and silty soils are susceptible to frost heave during freezing temperatures. For exterior flatwork and other structural elements, adequate drainage away from subgrades is critical. Compaction and use of structural fill will also help to mitigate the potential for frost heave. Complete removal of frost susceptible soils for the full frost depth, followed by replacement with a non-frost susceptible structural fill, can also be used to mitigate the potential for frost heave. MTI is available to provide further guidance/assistance upon request. 2791 S Victory View Way•Boise,ID 83709•(208)376-4748•Fax(208)322-6515 Copyri www.mti-id.com•mti(cDmti-id.com ght©Testing g&Inspection MATERIALS 25 July 2019 TESTING & Page# 16 of 30 MF INSPECTION b191254g_geotech AN ATLAS COMPANY ❑Environmental Services ❑Geotechnical Engineering ❑Construction Materials Testing ❑Special Inspections Structural Fill Soils recommended for use as structural fill are those classified as GW, GP, SW, and SP in accordance with the Unified Soil Classification System(USCS) (ASTM D2487). Use of silty soils (USCS designation of GM, SM, and ML) as structural fill may be acceptable. However, use of sift. soils (GM, SM, and ML) as structural fill below footings is prohibited. These materials require very high moisture contents for compaction and require a long time to dry out if natural moisture contents are too high and may also be susceptible to frost heave under certain conditions. Therefore, these materials can be quite difficult to work with as moisture content, lift thickness, and compactive effort becomes difficult to control. If silty soil is used for structural fill, lift thicknesses should not exceed 6 inches (loose), and fill material moisture must be closely monitored at both the working elevation and the elevations of materials already placed. Following placement, silty soils must be protected from degradation resulting from construction traffic or subsequent construction. Recommended granular structural fill materials, those classified as GW, GP, SW, and SP, should consist of a 6-inch minus select, clean, granular soil with no more than 50 percent oversize (greater than 3/4-inch) material and no more than 12 percent fines (passing No. 200 sieve). These fill materials should be placed in layers not to exceed 12 inches in loose thickness. Prior to placement of structural fill materials, surfaces must be prepared as outlined in the Construction Considerations section. Structural fill material should be moisture-conditioned to achieve optimum moisture content prior to compaction. For structural fill below footings,areas of compacted backfill must extend outside the perimeter of the footings for a distance equal to the thickness of fill between the bottom of foundation and underlying soils, or 5 feet,whichever is less. All fill materials must be monitored during placement and tested to confirm compaction requirements, outlined below, have been achieved. Each layer of structural fill must be compacted, as outlined below: • Below Structures and Rigid Pavements: A minimum of 95 percent of the maximum dry density as determined by ASTM D1557. • Below Flexible Pavements: A minimum of 92 percent of the maximum dry density as determined by ASTM D1557 or 95 percent of the maximum dry density as determined by ASTM D698. The ASTM D 15 57 test method must be used for samples containing up to 40 percent oversize (greater than 3/4- inch)particles. If material contains more than 40 percent but less than 50 percent oversize particles,compaction of fill must be confirmed by proof rolling each lift with a 10-ton vibratory roller (or equivalent) until the maximum density has been achieved. Density testing must be performed after each proof rolling pass until the in-place density test results indicate a drop (or no increase) in the dry density, defined as maximum density or "break over"point. The number of required passes should be used as the requirements on the remainder of fill placement. Material should contain sufficient fines to fill void spaces, and must not contain more than 50 percent oversize particles. 2791 S Victory View Way•Boise,ID 83709•(208)376-4748•Fax(208)322-6515 Copyri www.mti-id.com•mti(cDmti-id.com ght©Testing g&Inspection MATERIALS 25 July 2019 TESTING & Page# 17 of 30 MF INSPECTION b191254g_geotech AN ATLAS COMPANY ❑Environmental Services ❑Geotechnical Engineering ❑Construction Materials Testing ❑Special Inspections Backfill of Walls Backfill materials must conform to the requirements of structural fill, as defined in this report. For wall heights greater than 2.5 feet, the maximum material size should not exceed 4 inches in diameter. Placing oversized material against rigid surfaces interferes with proper compaction,and can induce excessive point loads on walls. Backfill shall not commence until the wall has gained sufficient strength to resist placement and compaction forces. Further, retaining walls above 2.5 feet in height shall be backfilled in a manner that will limit the potential for damage from compaction methods and/or equipment. It is recommended that only small hand- operated compaction equipment be used for compaction of backfill within a horizontal distance equal to the height of the wall, measured from the back face of the wall. Backfill should be compacted in accordance with the specifications for structural fill, except in those areas where it is determined that future settlement is not a concern, such as planter areas. In nonstructural areas, backfill must be compacted to a firm and unyielding condition. Excavations Shallow excavations that do not exceed 4 feet in depth may be constructed with side slopes approaching vertical. Below this depth, it is recommended that slopes be constructed in accordance with Occupational Safety and Health Administration (OSHA)regulations, Section 1926, Subpart P. Based on these regulations, on-site soils are classified as type"C" soil, and as such, excavations within these soils should be constructed at a maximum slope of 11/2 feet horizontal to 1 foot vertical (11/2:1) for excavations up to 20 feet in height. Excavations in excess of 20 feet will require additional analysis. Note that these slope angles are considered stable for short- term conditions only, and will not be stable for long-term conditions. During the subsurface exploration, test pit sidewalls generally exhibited little indication of collapse; however, sloughing of native granular sediments from test pit sidewalls was observed. For deep excavations, native granular sediments cannot be expected to remain in position. These materials are prone to failure and may collapse,thereby undermining upper soil layers. This is especially true when excavations approach depths near the water table. Care must be taken to ensure that excavations are properly backfilled in accordance with procedures outlined in this report. Groundwater Control Groundwater was not encountered during the investigation and is anticipated to be below the depth of most construction. Special precautions may be required for control of surface runoff and subsurface seepage. It is recommended that runoff be directed away from open excavations. Silty and clayey soils may become soft and pump if subjected to excessive traffic during time of surface runoff. Ponded water in construction areas should be drained through methods such as trenching, sloping, crowning grades, nightly smooth drum rolling, or installing a French drain system. Additionally, temporary or permanent driveway sections should be constructed if extended wet weather is forecasted. 2791 S Victory View Way•Boise,ID 83709•(208)376-4748•Fax(208)322-6515 Copyri www.mti-id.com•mti(cDmti-id.com ght©Testing g&Inspection MATERIALS 25 July 2019 TESTING & Page# 18 of 30 MF INSPECTION b191254g_geotech AN ATLAS COMPANY ❑Environmental Services ❑Geotechnical Engineering ❑Construction Materials Testing ❑Special Inspections GENERAL COMMENTS Based on the subsurface conditions encountered during this investigation and available information regarding the proposed development, the site is adequate for the planned construction. When plans and specifications are complete, and if significant changes are made in the character or location of the proposed structure,consultation with MTI must be arranged as supplementary recommendations ma,, b�quired. Suitability of subgrade soils and compaction of structural fill materials must be verified by MTI personnel prior to placement of structural elements. Additionally, monitoring and testing should be performed to verify that suitable materials are used for structural fill and that proper placement and compaction techniques are utilized. 2791 S Victory View Way•Boise,ID 83709•(208)376-4748•Fax(208)322-6515 Copyri www.mti-id.com•mti(cDmti-id.com ght©Testing g&Inspection MATERIALS 25 July 2019 TESTING & Page# 19 of 30 MF INSPECTION b191254g_geotech AN ATLAS COMPANY ❑Environmental Services ❑Geotechnical Engineering ❑Construction Materials Testing ❑Special Inspections REFERENCES American Association of State Highway and Transportation Officials(AASHTO) (1993). AASHTO Guide for Design of Pavement Structures 1993.Washington D.C.:AASHTO. American Concrete Institute(ACI)(2015).Guide for Concrete Floor and Slab Construction:ACI 302.1R.Farmington Hills,MI:ACI. American Society of Civil Engineers(ASCE) (2013). Minimum Design Loads for Buildings and Other Structures: ASCE/SEI 7-10. Reston,VA:ASCE. American Society for Testing and Materials(ASTM)(2013). Standard Test Method for Materials Finer than 75-µm(No. 200)Sieve in Mineral Aggregates by Washing:ASTM C117.West Conshohocken,PA:ASTM. American Society for Testing and Materials(ASTM)(2014).Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates: ASTM C136.West Conshohocken,PA:ASTM. American Society for Testing and Materials (ASTM) (2012). Standard Test Methods for Laboratory CoMpaction Characteristics of Soil Using Standard Effort:ASTM D698.West Conshohocken,PA:ASTM. American Society for Testing and Materials (ASTM) (2012). Standard Test Methods for Laboratory CoMpaction Characteristics of Soil Using Modified Effort:ASTM D1557.West Conshohocken,PA:ASTM. American Society for Testing and Materials (ASTM) (2014). Standard Test Methods for California Bearing Ratio: ASTM D1883. West Conshohocken,PA:ASTM. American Society for Testing and Materials (ASTM)(2011). Standard Practice for Classification of Soils for EngineeringPurposes (Unified Soil Classification System):ASTM D2487.West Conshohocken,PA:ASTM. American Society for Testing and Materials (ASTM) (2010). Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils:ASTM D4318.West Conshohocken,PA:ASTM. American Society for Testing and Materials (ASTM) (2011). Standard Specification for Plastic Water Vapor Retarders Used in Contact with Soil or Granular Fill Under Concrete Slabs:ASTM E1745.West Conshohocken,PA: ASTM. Desert Research Institute.Western Regional Climate Center. [Online] Available:<http://www.wrcc.dri.edu/>(2019). International Building Code Council(2015).International Building Code,2015. Country Club Hills,IL: Author. Local Highway Technical Assistance Council (LHTAC) (2017). Idaho Standards for Public Works Construction, 2017. Boise, ID: Author. Othberg,K.L. and Stanford,L.A.,Idaho Geologic Society(1992). Geologic Map of the Boise Valley and Adjoining Area,Western Snake River Plain,Idaho. (scale 1:100,000).Boise,ID:Joslyn and Morris. U.S. Department of Labor, Occupational Safety and Health Administration. CFR 29, Part 1926, Subpart P: Safety and Health Regulations for Construction,Excavations(1986). [Online]Available:<www.osha.gov>(2019). U.S. Geological Survey (2019). National Water Information System: Web Interface. [Online] Available: <http://waterdata.usgs.gov/nwis>(2019). U.S. Geological Survey. (2011). U.S. Seismic Design Maps: Web Interface. [Online] Available: <https://earthquake.usgs.gov/designmaps/us/application.php>(2019). 2791 S Victory View Way•Boise,ID 83709•(208)376-4748•Fax(208)322-6515 Copyri www.mti-id.com•mti(cDmti-id.com ght©Testing g&Inspection MATERIALS 25 July 2019 TESTING & Page#20 of 30 MF INSPECTION b191254g_geotech AN ATLAS COMPANY ❑Environmental Services ❑Geotechnical Engineering ❑Construction Materials Testing ❑Special Inspections APPENDICES ACRONYM LIST AASHTO: American Association of State Highway and Transportation Officials ACHD: Ada County Highway District ACI American Concrete Institute ASCE American Society of Civil Engineers ASTM: American Society for Testing and Materials bgs: below ground surface CBR: California Bearing Ratio D: natural dry unit weight,pcf ESAL Equivalent Single Axle Load GS: grab sample IBC: International Building Code IDEQ Idaho Department of Environmental Quality ISPWC: Idaho Standards for Public Works Construction ITD: Idaho Transportation Department LL: Liquid Limit M: water content MSL: mean sea level N: Standard"N"penetration: blows per foot,Standard Penetration Test NP: nonplastic OSHA Occupational Safety and Health Administration PCCP: Portland Cement Concrete Pavement PERM: vapor permeability PI: Plasticity Index PID: photoionization detector PVC: polyvinyl chloride QC: cone penetrometer value,unconfined compressive strength,psi Qp: Penetrometer value,unconfined compressive strength,tsf Qu: Unconfined compressive strength,tsf RMR Rock Mass Rating RQD Rock Quality Designation R-Value Resistance Value SPT: Standard Penetration Test(140:pound hammer falling 30 in. on a 2:in. split spoon) USCS: Unified Soil Classification System USDA: United States Department of Agriculture UST: underground storage tank V: vane value,ultimate shearing strength,tsf 2791 S Victory View Way•Boise,ID 83709•(208)376-4748•Fax(208)322-6515 Copyri www.mti-id.com•mti(cDmti-id.com ght©Testing g&Inspection MATERIALS 25 July 2019 TESTING & Page#21 of 30 MF INSPECTION b191254g_geotech AN ATLAS COMPANY ❑Environmental Services ❑Geotechnical Engineering ❑Construction Materials Testing ❑Special Inspections GEOTECHNICAL GENERAL NOTES RELATIVE DENSITY AND CONSISTENCY CLASSIFICATION Coarse-Grained Soils SPT Blow Counts (N) Fine-Grained Soils SPT Blow Counts (N) Very Loose: <4 Very Soft: <2 Loose: 4-10 Soft: 2-4 Medium Dense: 10-30 Medium Stiff. 4-8 Dense: 30-50 Stiff. 8-15 Very Dense: >50 Very Stiff. 15-30 Hard: >30 Moisture Contentj Cementation Description Field Test Description Field Test Dry Absence of moisture,dusty,dry to touch Weakly Crumbles or breaks with handling or slight finger pressure Moist Damp but not visible moisture Moderately Crumbles or beaks with considerable finger pressure Wet Visible free water,usually soil is below Strongly Will not crumble or break with finger water table g y pressure PARTICLE SIZE Boulders: >12 in. Coarse-Grained Sand: 5 to 0.6 min Silts: 0.075 to 0.005 mm Cobbles: 12 to 3 in. Medium-Grained Sand: 0.6 to 0.2 min Clays: <0.005 min Gravel: 3 in.to 5 min Fine-Grained Sand: 0.2 to 0.075 min UNIFIED SOIL CLASSIFICATION SYSTEM Major Divisions Symbol Soil Descriptions Gravel&Gravelly GW Well-graded gravels;gravel/sand mixtures with little or no fines Soils GP Poorly-graded gravels; gravel/sand mixtures with little or no fines Coarse-Grained <50% coarse fraction GM Silty gravels;poorly-graded gravel/sand/silt mixtures Soils passes No.4 sieve GC Clayey gravels;poorly-graded gravel/sand/clay mixtures <50% passes No.200 Sand&Sandy SW Well-graded sands;gravelly sands with little or no fines sieve Soils SP Poorly-graded sands;gravelly sands with little or no fines >50% coarse fraction SM Silty sands;poorly-graded sand/gravel/silt mixtures passes No.4 sieve SC Clayey sands;poorly-graded sand/gravel/clay mixtures ML Inorganic silts;sandy,gravelly or clayey silts Silts&Clays CL Lean clays;inorganic,gravelly, sandy,or silty,low to medium-plasticity clays Fine Grained LL<50 Soils>50% OL Organic,low-plasticity clays and silts passes No.200 MH Inorganic,elastic silts;sandy,gravelly or clayey elastic silts sieve Silts&Clays LL>50 CH Fat clays;high-plasticity,inorganic clays OH Organic,medium to high-plasticity clays and silts Highly Organic Soils PT Peat,humus,hydric soils with high organic content 2791 S Victory View Way•Boise,ID 83709•(208)376-4748•Fax(208)322-6515 Copyri www.mti-id.com•mti(cDmti-id.com ght©Testing g&Inspection MATERIALS 25 July 2019 TESTING & Page#22 of 30 MF INSPECTION b191254g_geotech AN ATLAS COMPANY ❑Environmental Services ❑Geotechnical Engineering ❑Construction Materials Testing ❑Special Inspections GEOTECHNICAL INVESTIGATION TEST PIT LOG Test Pit Log#: TP-1 Date Advanced: 12 July 2019 Logged by: Jacob Schlador, P.E. Excavated by: Struckman's Backhoe Service Location: See Site Map Plates Latitude: 43.633300 Longitude: -116.355006 Depth to Water Table: Not Encountered Total Depth: 16.2 Feet bgs Depth Field Description and USCS Soil and Sample Sample Depth Lab (Feet bgs) Sediment Classification Type (Feet bgs) p Test ID Lean Clay (CL): Dark brown to brown, dry to slightly moist, very stiff to hard, with fine- 0.0-1.8 2.5-4.5 grained sand. --Organics to a depth of 0.5 foot bgs. Sandy Silt (ML): Brown, dry, very stiff to hard, with fine to medium-grained sand. 1.8-4.9 --Moderate to strong calcium carbonate cementation encountered from 1.8 to 4.9 feet bgs. Poorly Graded Gravel with Sand (GP): Brown to light brown, dry to slightly moist, 4.9-16.2 dense to very dense, with fine to coarse- grained sand, fine to coarse gravel, and 6- inch-minus cobbles. 2791 S Victory View Way•Boise,ID 83709•(208)376-4748•Fax(208)322-6515 Copyri www.mti-id.com•mti(cDmti-id.com ght©Testing g&Inspection MATERIALS 25 July 2019 TESTING & Page#23 of 30 MF INSPECTION b191254g_geotech AN ATLAS COMPANY ❑Environmental Services ❑Geotechnical Engineering ❑Construction Materials Testing ❑Special Inspections GEOTECHNICAL INVESTIGATION TEST PIT LOG Test Pit Log#: TP-2 Date Advanced: 12 July 2019 Logged by: Jacob Schlador, P.E. Excavated by: Struckman's Backhoe Service Location: See Site Map Plates Latitude: 43.633584 Longitude: -116.354920 Depth to Water Table: Not Encountered Total Depth: 8.3 Feet bgs Depth Field Description and USCS Soil and Sample Sample Depth Lab (Feet bgs) Sediment Classification T e (Feet b s) Qp Test ID Silty Gravel with Sand Fill (GM-FILL): 0.0-1.0 Brown, dry, medium dense to dense, with fine to coarse-grained sand and fine to coarse gravel. Lean Clay with Sand (CL): Dark brown to 1.0-2.6 brown, dry to slightly moist, stiff to very stiff, with fine-grained sand. Sandy Silt (ML): Brown to light brown, dry to slightly moist, stiff to hard, with fine to 2.6-6.9 medium-grained sand. --Moderate calcium carbonate cementation encountered from 3.3 to 6.9 feet bgs. Poorly Graded Gravel with Sand (GP): 6.9-8.3 Brown to light brown, dry, dense to very dense, with fine to coarse-grained sand,fine to coarse gravel, and 5-inch-minus cobbles. 2791 S Victory View Way•Boise,ID 83709•(208)376-4748•Fax(208)322-6515 Copyri www.mti-id.com•mti(cDmti-id.com ght©Testing g&Inspection MATERIALS 25 July 2019 TESTING & Page#24 of 30 MF INSPECTION b191254g_geotech AN ATLAS COMPANY ❑Environmental Services ❑Geotechnical Engineering ❑Construction Materials Testing ❑Special Inspections GEOTECHNICAL INVESTIGATION TEST PIT LOG Test Pit Log#: TP-3 Date Advanced: 12 July 2019 Logged by: Jacob Schlador, P.E. Excavated by: Struckman's Backhoe Service Location: See Site Map Plates Latitude: 43.633264 Longitude: -116.355525 Depth to Water Table: Not Encountered Total Depth: 8.1 Feet bgs Depth Field Description and USCS Soil and Sample Sample Depth Lab (Feet bgs) Sediment Classification T e (Feet b s) Qp Test ID Lean Clay(CL):Brown, dry to slightly moist, medium stiff to very stiff, with fine-grained sand. 0.0-1.8 __1 to 2 inch layer of poorly graded sand fill 1.0-2.0 materials were encountered at ground surface. Sandy Silt (ML): Brown to light brown, dry to slightly moist, very stiff to hard, with fine 1.8-4.0 to medium-grained sand. --Moderate to strong calcium carbonate cementation encountered from 1.8 to 4.0 feet bgs. Poorly Graded Gravel with Sand(GP): Light 4.0-8.1 brown, dry, dense to very dense, with fine to coarse-grained sand, fine to coarse gravel, and 6-inch-minus cobbles. 2791 S Victory View Way•Boise,ID 83709•(208)376-4748•Fax(208)322-6515 Copyri www.mti-id.com•mti(cDmti-id.com ght©Testing g&Inspection MATERIALS 25 July 2019 TESTING & Page#25 of 30 MF INSPECTION b191254g_geotech AN ATLAS COMPANY ❑Environmental Services ❑Geotechnical Engineering ❑Construction Materials Testing ❑Special Inspections GEOTECHNICAL INVESTIGATION TEST PIT LOG Test Pit Log#: TP-4 Date Advanced: 12 July 2019 Logged by: Jacob Schlador, P.E. Excavated by: Struckman's Backhoe Service Location: See Site Map Plates Latitude: 43.633528 Longitude: -116.356192 Depth to Water Table: Not Encountered Total Depth: 6.9 Feet bgs Depth Field Description and USCS Soil and Sample Sample Depth Lab (Feet bgs) Sediment Classification T e (Feet b s) Qp Test ID Lean Clay (CL): Dark brown, dry to slightly 0.0-1.7 moist, stiff to very stiff, with fine-grained GS 1.0-1.5 1.5-3.0 A sand. --Organics to a depth of 0.4 foot bgs. Sandy Silt (ML): Brown to light brown, dry to slightly moist, stiff to hard, with fine- grained sand. 1.7-6.9 --Moderate to very strong calcium carbonate cementation from 3.0 to 6.9 feet bgs. --Refusal on very strong calcium carbonate cementation at 6.9 feet bgs. Lab Test ID M PI Sieve Analysis (% passing) % - - #4 #10 #40 #100 #200 A 21.9 42 23 100 100 99 97 94.3 2791 S Victory View Way•Boise,ID 83709•(208)376-4748•Fax(208)322-6515 Copyri www.mti-id.com•mti(cDmti-id.com ght©Testing g&Inspection MATERIALS 25 July 2019 TESTING & Page#26 of 30 MF INSPECTION b191254g_geotech AN ATLAS COMPANY ❑Environmental Services ❑Geotechnical Engineering ❑Construction Materials Testing ❑Special Inspections GEOTECHNICAL INVESTIGATION TEST PIT LOG Test Pit Log#: TP-5 Date Advanced: 12 July 2019 Logged by: Jacob Schlador, P.E. Excavated by: Struckman's Backhoe Service Location: See Site Map Plates Latitude: 43.633009 Longitude: -116.355694 Depth to Water Table: Not Encountered Total Depth: 7.8 Feet bgs Depth Field Description and USCS Soil and Sample Sample Depth Lab (Feet b s) Sediment Classification T e (Feet b s) Qp Test ID Poorly Graded Gravel with Sand Fill (GP- 0.0-0.5 FILL): Light brown, dry, loose to medium dense, with fine to coarse-grained sand and fine to coarse gravel. Lean Clay (CL): Dark brown to brown, dry 0.5-2.1 to slightly moist, stiff to very stiff, with fine- grained sand. Sandy Silt (ML): Brown, dry to slightly 2.1-3.9 moist, stiff to very stiff, with fine-grained sand. Poorly Graded Gravel with Sand (GP): 3.9-7.8 Brown to light brown, dry, dense to very dense, with fine to coarse-grained sand,fine to coarse gravel, and 6-inch-minus cobbles. 2791 S Victory View Way•Boise,ID 83709•(208)376-4748•Fax(208)322-6515 Copyri www.mti-id.com•mti(cDmti-id.com ght©Testing g&Inspection MATERIALS 25 July 2019 TESTING & Page#27 of 30 MF INSPECTION b191254g_geotech AN ATLAS COMPANY ❑Environmental Services ❑Geotechnical Engineering ❑Construction Materials Testing ❑Special Inspections AASHTO PAVEMENT THICKNESS DESIGN PROCEDURES Pavement Section Design Location:Proposed Commercial Development,Light Duty Average Daily Traffic Count: 500 All Lanes&Both Directions Design Life: 20 Years Percent of Traffic in Design Lane: 50% Terminal Seviceability Index(Pt): 2.5 Level of Reliability: 95 Subgrade CBR Value: 3 Subgrade Mr: 4,500 Calculation of Design-18 ldp ESALs Daily Growth Load Design Traffic Rate Factors ESALs Passenger Cars: 166 2.0% 0.0008 1,178 Buses: 0 2.0% 0.6806 0 Panel&Pickup Trucks: 80 2.0% 0.0122 8,656 2-Axle,6-Tire Trucks: 3 2.0% 0.1890 5,028 Emergency Vehicles: 1.0 2.0% 4.4800 39,731 Dump Trucks: 0 2.0% 3.6300 0 Tractor Semi Trailer Trucks: 0 2.0% 2.3719 0 Double Trailer Trucks 0 2.0% 2.3187 0 Heavy Tractor Trailer Combo Trucks: 0 2.0% 2.9760 0 Average Daily Traffic in Design Lane: 250 Total Design Life 18-lap ESALs: 54,593 Actual Log(ESALs): 4.737 Trial SN: 2.78 Trial Log(ESALs): 4.737 Pavement Section Design SN: 2.81 Design Depth Structural Drainage Inches Coefficient Coefficient Asphaltic Concrete: 2.50 0.42 n/a Asphalt-Treated Base: 0.00 0.25 n/a Cement-Treated Base: 0.00 0.17 n/a Crushed Aggregate Base: 4.00 0.14 1.0 Subbase: 12.00 0.10 1.0 Special Aggregate Subgrade: 0.00 0.09 0.9 2791 S Victory View Way•Boise,ID 83709•(208)376-4748•Fax(208)322-6515 Copyri www.mti-id.com•rrti(cDmti-id.com ght©Testing g&Inspection MATERIALS 25 July 2019 TESTING & Page#28 of 30 MF INSPECTION b191254g_geotech AN ATLAS COMPANY ❑Environmental Services ❑Geotechnical Engineering ❑Construction Materials Testing ❑Special Inspections AASHTO PAVEMENT THICKNESS DESIGN PROCEDURES Pavement Section Design Location: Proposed Commercial Development,Heavy Duty Average Daily Traffic Count: 500 All Lanes&Both Directions Design Life: 20 Years Percent of Traffic in Design Lane: 50% Terminal Seviceability Index(Pt): 2.5 Level of Reliability: 95 Subgrade CBR Value: 3 Subgrade Mr: 4,500 Calculation of Design-18 ldp ESALs Daily Growth Load Design Traffic Rate Factors ESALs Passenger Cars: 150 2.0% 0.0008 1,064 Buses: 1 2.0% 0.6806 6,036 Panel&Pickup Trucks: 84 2.0% 0.0122 9,088 2-Axle,6-Tire Trucks: 10 2.0% 0.1890 16,762 Emergency Vehicles: 1.0 2.0% 4.4800 39,731 Dump Trucks: 2 2.0% 3.6300 64,386 Tractor Semi Trailer Trucks: 2 2.0% 2.3719 42,071 Double Trailer Trucks 0 2.0% 2.3187 0 Heavy Tractor Trailer Combo Trucks: 0 2.0% 2.9760 0 Average Daily Traffic in Design Lane: 250 Total Design Life 18-Idp ESALs: 179,137 Actual Log(ESALs): 5.253 Trial SN: 3.39 Trial Log(ESALs): 5.257 Pavement Section Design SN: 3.50 Design Depth Structural Drainage Inches Coefficient Coefficient Asphaltic Concrete: 3.00 0.42 n/a Asphalt-Treated Base: 0.00 0.25 n/a Cement-Treated Base: 0.00 0.17 n/a Crushed Aggregate Base: 6.00 0.14 1.0 Subbase: 14.00 0.10 1.0 Special Aggregate Subgrade: 0.00 0.09 0.9 2791 S Victory View Way•Boise,ID 83709•(208)376-4748•Fax(208)322-6515 www.mti-id.com•mti(c�mtkid.com Copyright©g&Inspection Testing Vicinity Map Plate 1 in. C7 r _ IPIARIG Ix — MAP NOTES: _ {'� •Delorme Street Atlas U If } •Not to Scale FWCMI'`tAN•RO l f� MCMIE_LAN R❑ . 1-L GODD LEGEND Site Locatio t '�° W EDNA ST' W Eoiva sT Approximate Site • LL Location W USTCK RE7 E Lsi'fCK RDr—M E UST R❑ ust;ck USTICK RD Ln '! CHERRY LN ' E FAIRVIEW AWE SR, 5 lWY SR 55 HWY E FAIRVIEW AVE � Claverdalr FAfRVIEW AVE *Meridian T _._........___....._._. ...__. .. l t ,... ---- _ ..._--------- — .. .......... . si � Il g W FKANKUN RD E FPANKUN RD E FRANKON RD 2 FRANKLIN RO 2 Proposed CommAS ercial Development �`a9 3085 East Ustick Road �- - Q 4 w ` Meridian,ID 55 so aa,a as as i� _ Q• E OVERLAND RD C�r n N Modified from DeLorme by:MJT Fn,� July 2019 Drawing:B191254g IT m' C7 © MATERIALS CY TESTING & 1=VICTORY RD w wn ro _R INSPECTION u�— AN ATLAS COMPANY 2791 S.Victory View Way Phone: 208 376-4748 Boise,ID 83709-2835 Fax: 208 322-6515 E-mail: mti@mti-id.com Site Map Plate 2 NOTES: i •Not to Scale y� p * * wR •'- � Ww � W" � I- •-„-W-M-'! W-M USTICK ROAD � w��—:�- �•— � -ffi—®—g _-� .� - T .� LEGEND - -Ti-ir - = _____ ________-- --- -_ ---- --- -_ - - ------ w Approximate Site $ Boundary I TP-4 �- 7-2 m - B Approximate MTI Test _ ____ Pit Location ------ --- - ---- ------ - L , w 1101 of J I � B f� QI �•� - 1 - � �- ; � it iwl r TP-5 p TP 11 I J a ry�m: kj s �� f Proposed Commercial Development 3085 East Ustick Road Meridian,ID Modified by:MJT -= a 25 July 2019 Drawing:B191254g MATERIALS 1 TESTING & - __ '! INSPECTION AN ATLAS COMPANY 2791 S.Victory View Way Phone: 208 376-4748 Boise,ID 83709-2835 Fax: 208 322-6515 E-mail: mti@mti-id.com