Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Eddie's Bakery CZC 06-042
f.. r r, CITY OF 11 IDAHO RECEIVED MAY 19 2006 QTY OF MERIDIAN � 7�REh5L;RE: Vl+Lt� &INCE 1903 CITY CI FPV QEEIQ6 CERTIFICATE OF ZONING COMPLIANCE* Date: Mqy 18 2006 Project Name/Number: Palmer Investment/ Eddie's Bakery Addition — CZC-06-042 and approved alternative compliance Owner. Chris Palmer Site Address: 1500 N. Locust Grove Road Proposed Use: 3204 s.f. addition Zoning: C -G Comments: Conditions of Approval: Project is subject to all current City of Meridian ordinances and the issuance of this permit does not release the applicant from any previous requirements of the other permits issued for this site Site Plan: The Site Plan prepared by Erstad Architects, PA on April 26, 2006, labeled al.I I is approved (stamped "Approved" on May 18, 2006 by the Meridian Planning Department) with no changes. The approved site plan is not to be altered without prior written approval of the Planning Department. Landscaping The Landscape Plan prepared by Erstad Architects, PA on April, 26, 2006, labeled L1.0, is approved (stamped "Approved" on May 18, 2006 by the Meridian Planning Department) with the following changes: 1) Fencing along the southern boundary shall be 6 foot solid vinyl per approved alternative compliance. 2) Any new shade trees shall be a minimum of 2" in caliper and any new woody shrubs shall be a 2 gallon pot minimum. See redline changes on stamped plan. No field changes to landscape plan permitted; prior written approval of all material changes is required. NOTE: Per UDC 11-3B-8-C2d, each interior planter that serves a single row of parking spaces shall be landscaped with at least one tree and shall be covered with low shrubs, lawn, or other vegetative groundcover. Alternative Compliance: The applicant, Chris Palmer has requested alternative compliance from UDC standard 11-213-3, which requires a 25 -foot landscape buffer along arterial Streets (Locust Grove) and a 10 --foot landscape buffer along local streets (Wilson Lane). The required buffers would decrease the required and existing drive -aisles and would create an unavoidable hardship to the site. In lieu of the required buffer width, the applicant has proposed a 6 -foot tall solid vinyl fence along the southern boundary. The fence would screen a portion of the back of the building along Wilson Lane. In the future, Wilson Lane may have more traffic as the area develops. Therefore, the Director has approved the applicant's alternative compliance request per UDC 11 -5B -5132a. Elevations: The Elevations prepared by Erstad Architects, PA on March 22, 2006, are approved with no changes from the Planning Department. Irrigation: An underground, pressurized irrigation system must be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15. Protection of Existing Trees: Any existing trees on site must be protected or mitigated for in accordance with the Tree Preservation section of the City's Landscape Ordinance. Per UDC 11-3B-10, coordinate with the Parks Department Arborist (Elroy Huff, 888-3579) for approval of protection/relocation measures for the existing trees prior to construction. Any severely damaged tree must be replaced in compliance with UDC 1I- 3B-10-C.5. Parking: The proposed parking areas shall be paved and striped in accordance with UDC 11-313. Project engineer/architect shall certify that the number and size of handicap-accessible spaces conforms to the Americans with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance per ADA and signed accessible. Cum: Per UDC 11-3B-5I, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. Sidewalks: All sidewalks shall be constructed in accordance with 11-3A-17. Sidewalks shall be constructed prior to occupancy. Drainage: Storm water drainage swales shall not have a slope steeper than 3:1, shall be fully vegetated, and shall be designed in compliance with UDC 11-3B-11 and UDC 11-3A-18. Fencing: Any required or proposed fencing shall be installed with current fencing standards as defined in UDC 11-3A-7. Li titin : Lighting shall not cause glare or impact the traveling public or neighboring development and comply with lighting standards as defined in UDC 11-3A-11. Sipage: No signs are approved with this CZC. All business signs will require a separate sign permit in compliance with UDC 11-3D. Trash Enclosure: All dumpster(s) must be screened in accordance with UDC-11-3A-12. Trash enclosures must be built in the location and to the size approved by SSC. Handicap-Accessibility: The structure, site improvements and parking areas must be in compliance with all federal handicap-accessibility requirements. ACHD Acceptance: All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACHD requirements, a neve site plan shall be submitted to the City of Meridian Planning staff for approval prior to the issuance of a building permit. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape :improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. A Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a Letter of Credit or cash in the amount of 110% of the cost of the remaining improvements. A bid must accompany any request for Temporary Occupancy. Plan Modifications: Except for any changes mentioned above, the approved Site Plan, Landscape Plan stamped "Approved" on May 18, 2006, and Elevations, and are not to be altered without prior written approval of the Planning Department. No significant field changes to the site or landscape plans are permitted; prior written approval of all changes is required. V ,. isty vigil Assistant City Planner *This letter does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date of issuance if work has not begun. w .�t IUhlin �1! Type of Review Requested (check all that apply) ❑ Accessory Use AAlternative Compliance Certificate of Zoning Compliance ❑ Conditional Use Permit Minor Modification ❑ Design Review ❑ Property Boundary Adjustment ❑ Short Plat ❑ Temporary Use Certificate of Zoning Compliance ❑ Time Extension (Director) ❑ Vacation ❑ Other Planning Department ADMINISTRATIVE REVIEW APPLICATION Applicant Information Applicant name: (_hr1 S T��,,� I M _ Phone: S — (76 q q Applicant address: 0 • bo C 2) (M4 id zip: 0361 (Q Applicant's interest in property: 0Own ❑ Rent ❑ Optioned 0 Other Owner name: S 060 Phone: Owner address: Agent name (e.g., Firm name::� 11 Address: ci G0 Zip: engineer, developer, representative): arcb 1 I Phone: �. �( . _Huge (c] _ Zip: 63 r702. _ Primary contact is: ❑ Applicant �AOwner ❑ Agent ❑ Other Contact name: Chrr s p Gel n'(_:Q.i- E-mail: + 1 Subject Property Information Location/street address: I so Phone: 60 Fax: 3L12 -- l�S Assessor's parcel number(s): k-71O47-5�332 Jv Township, range, section: Total acreage: e q 2— Current Current land use: -_cQm mm c& , Current zoning district: C_ 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridianci1y.ore 1 1� Project/subdivision name: General description of Proposed zoning district(s): Acres of each zone proposed: i SMnV Type of use proposed (check all that apply): ❑ Residential Commercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): ,, Who will own & maintain the pressurized irrigation system in this development? c _ hn s Which irrigation district does this property lie within? < < CQ . Primary irrigation source: G Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: 2 or more Bedrooms: Minimum square footage of structure(s) (excl. garage): Minimum property size (0): Gross density (DU/acre-total land): Percentage of open space provided: Proposed building height: _ Average property size (s.f.): Net density (DU/acre-exclading roads & alleys): Acreage of open space: Percentage of useable open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor area proposed: Hours of operation (days and Percentage of site/project devoted to the following: Existing (if applicable): Building height: Landscaping: Building: Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: Number of compact spaces provided: Authorization Print applicant name: LA,—1 s (Lm Applicant signature: _ _ Date: -7-22 _ 0 6 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancit .ore 2 -------------- u a iryy; R IQ apaher 1IWO m.�b�coW Qove jF C �� 11�q .�w.y R�01f•�+�B4Z �j��Y`[ a r•Me udAr+kPA t 0 1 01 0 E G ggrillit PISA ,0111E 1 .011655h 1P 11 � Ila v x 28 F a vafMek PA co mo a -I (0 O (D-0 CD O -K< H ;r S'�' T�_ � YIR�54 `� 0-0' _ _ aMgP1' oPPI1^ PL ET -Mm 9 ro•�• I _ . _ F.vrsrDD: Q keynotes: ROOF ACCEss LADDEN _ DSTDNi NEW AlUY1NVY STOREFRONT STS.. -CC.. TO MATCH 47. 1RU55 PREFINISNiO PETAL RDDFOIG - CaLOR TO WATCH DSIWG T.O 55 J) COAT +~111CCG STSTEW W/ EIASTDYEIDC Tap COAT - k TEXTURE TO MATCH E]�NIG ++ _ MAe x e x 10 SPLIT -FACED RLM WITH STACKED R TO WTCN Ex�mHO. A+� E•. •- • .` DO DWTWO AOCCEENT��. To "Tcai �G�DIO. MATCHY e e e F 16 PLM -FACE' BLOCK " STACKED DON'. - 1 NEN' WproJacT: 06020 NAR To WTcN n="UARD- COM TO MATCH EXISTING SEE DETArL dote: 0322.06 07 T.t.n_ drown: Ir (� mstim ummcs checked: ace Yr + PR!-Flylzg NSHED DOWNSFaUT. . C AND RxAR TO RCN E7o511ND. � 1f I. PREF1N1.4f® 6' p/flFllr COIAR YO WTCII POSiDq. L R D_ EXmefa ELEOTRK_u. FTx11DE FROM EAST WALI, SF£ � TE AT SALE HEKW AS •1� �. NEW LINK FD[1YRE. LOCATE AT SAW NE1wtf AS EAd�ING Lam^ 9Y L wETD+FAD DOOR DY�D1EAp ODDIL FpppORATION. �C CARAL STEEE AT S 9T31[eLS, SERIES aAs L CARRT (s) COAT sl+>cpT sYSTEY W/ ELASL COL R tm AND 1P COAT EE DETAIL WY WALL Wiwi EK611N6 CW CDLOR AND SFE NELE T. L LOCATION FSR . SE EDETAIL IIL g&IIT •�a• CTN WALL"cop. SEE DETAIL 1!/x3.11. *Vab ,P.s WMA TOP UE {11/ 10 4 RDOF amLINB, " L wunax FDR NEY cL5 unurr West a a3.11 s _ 0 O z I on in X n I � 0 CD CD Eel (U CL W c0 CD CL 0 n n �. 0 m� m n 0 O z I on in X n I � 0 CD CD Eel erstad ARCHITECTS 420 main street, suite 202 boise, idaho 83702 • phone 208.331.9031 • fax 208.331.9035 • email:mail@erstadarchitects.com March 22, 2006 Narrative describing proposed use of property: The site at hand is located on the corner of Wilson In and N Locust Grove, parcel number R7104253321. According to the unified development code, this property is established as a general retail and service commercial district (C -G). Defined as a retail store use, Eddys Bakery is the current tenant in the existing building. We propose to add an addition to the east of the existing building. The new space will span to the east property line and create a space of 3200sf. The space is designed to house 3 tenants at roughly 1,030 sf, each. At this point we are constructing only the shell of the building with the tenant improvements to be completed in the future. Each tenant will be approved by the owner and will apply with all regulations and rules of the unified development code. Thank you for your time. Sincerely, Taryn Wheeler erstad ARCHITECTS 420 main street, suite 202 boise, idaho 83702 - phone 208.331.9031 - fax 208.331.9035 - email: mail@erstadarchitects.com May 16, 2006 Ms. Kristy Vigil City of Meridian 660 E Watertower Ln. Ste 150 Meridian, Idaho 83642-2300 Re: Locust Grove Addition- Alternative compliance- updated 1500 n. locust grove Eddy's Bakery Addition Dear Kristy, Thank you for taking the time to review our alternative compliance plan and request. The project under review is located at 1500 n. locust grove, and is an addition to the existing eddy's bakery. The addition is more than %2 of the existing structure and therefore requiring us to upgrade the existing site to Meridian's current ordinance. After working closely with the City of Meridian, we are requesting site plan approval through alternative compliance on the following items: the 25'-0" landscape buffer along Locust Grove, and the 10'-0" landscape buffer along Wilson Ln. Several of the required changes to the site have been implemented including; the landscape island every 12 parking spaces, 1 bike space for every 25 parking spaces (our site must provide 2 spaces) and the 5'-0" landscape buffer on the eastern edge of the parking lot. We have converted a parking space in front of the building into a new island in order to comply with the distribution of planters in the parking lot. By exceeding the 5'-0" minimum we are enhancing the site vegetation and planting. We are also converting (2) existing parking spaces on the eastern boundary into landscape planters that will include trees as well in order to further enhance the landscaping on site. Both of these planters are above and beyond the 5' minimum requirement. Also included in this area is an access drive for future development cross access. In the end we have replaced 3 existing parking spaces with landscaping planters. We are also adding four bicycle parking spaces, doubling our requirement. However, there are a few requirements where full compliance is proving impossible and/or impractical. The main challenges arise from the fact that the site was developed under the original building permit. Under that permit, the addition we are now submitting on was anticipated. as a second phase. Because of the new addition on this existing site, the required landscape buffer is larger than can be provided. On Locust Grove, the buffer requirement is 25'. We ask that you grant alternative compliance on the 25' landscape buffer requirement as we are within 21'-0" and are offering other landscape enhancements with in the site. As for Wilson Lane, a 10' landscape buffer is required. We cannot comply with this without eliminating the delivery lane which is critical for the business. The site currently offers T-4" of the 10' required. In this situation, we would like to offer a 6' tall vinyl fence with vinyl slats to screen the area from the road and neighbors. A color will be chosen to help blend in and create the buffer we are all after. Given our situation we believe that the above alternatives provide an equal means of meeting the intent and purpose of the regulations. We respectfully ask that you consider our request on these items, and look forward to your response. Sincerely, erstad ARCHITECTS Andrew C. Erstad AIA Ace/tw Enclosures Summary analysis of alternative compliance proposal/request 1500 n. Locust grove Eddy's Bakery addition Required Existing/Proposed/ Solution Locust grove: 25'-0" landscape buffer 21'-0" landscape buffer currently existing. Wilson Lane: 10'-0" landscape buffer T-4" landscape buffer currently existing. Propose to add a 6' tall vinyl fence to help buffer view onto site from adjacent properties. Existing T-4" landscape buffer to remain. East edge of parking lot: 5' buffer No landscape buffer currently existing. Propose to add (2) 9'-0" wide landscape planters with trees (existing parking spaces) as well as an access drive for future development cross access, Landscape island every 12 spaces We have implemented the island by converting an existing parking space into the landscaped island. It is 9'-0" wide and exceeds the 5'-0" minimum. 1 bike rack/ 25 vehicles = (2) spaces We have implemented the minimum and added two more spaces for a total of 4; doubling the requirement, eddys addition: vinyl fence Kristy Vigil From: Taryn Wheeler [twheeler@erstadarchitects.coml Sent: Friday, May 19, 2006 11:39 AM To: Kristy Vigil Subject: eddys addition: vinyl fence Page Per our phone conversation I wanted to clarify that it is the owners full intent to provide solid vinyl fencing on the eastern side of the southern property line. Thank you Kristy taryn wheeler erstad ARCHITECTS 420 main st. suite 202 boise id 83702 p 208-331-9031 f 208-331-9035 This transmission may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PRDHISITED. If you received this transmission in error, please immediately contact the sender and destroy the material .in its entirety, whether in elcetronic or hard copy format (02006 5/19/2006 ADA COUNTY RECORDER J. DAVID NAVARRO 2 BOISE IDAHO 07/08/04 0.56 PM DEPUTY Bonnie Oberbillig ARECORDED — lliance Title QUEST OF III IIII�IIIIIIIIIII'lllll'lllllllllll AMOUNT 6.00 104086515 11 WARRANTY DEED Order No.: AT-5000421770AK FOR VALUE RECEIVED Locust Grove Limited, L.L.C., a limited liability company, the grantor(s), do(es) hereby grant, bargain, sell and conveynoto P & P Investments, a California General Partnership, whose current address is: 5430 Tannerwood Drive; Reno, NV 89511 the grantee(s), the following described premises, in Ada County, Idaho, TO WIT: Parcel 4 of Lot Line Adjustment Survey, recorded as Survey No. 3963, recorded August 6, 1997, as Instrument No. 97062760, being a portion of Lots 15,16 and 17 of Pleasant Valley Subdivision, according to the official plat thereof, filed in Book 12 of Plats at Page(s) 665, Official Records of Ada County, Idaho, located in the Northwest Quarter of the Northwest Quarter of Section 8, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap marking the Northwest corner of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence South 00026954" West along the Westerly boundary of said Section 8, 2566.15 feet to a point; thence leaving said Westerly boundary of said Section 8 South 89058156" East 237.68 feet to an iron pin, said pin being the REAL POINT OF BEGINNING; thence South 0002615T' West 168.85 feet to an iron pin on the Northerly right of way of Wilson Lane; thence North 89°58156" West on a line 30.00 feet Northerly and parallel to the centerline of Wilson Lane, 172.53 feet to an iron pin; thence leaving said Northerly right of way North 44046101" West 28.39 feet to an Iron pin on the Easterly right of way of North Locust Grove Road; thence North 00026'54" East on a line 45.00 feet Easterly and parallel to the centerline of North Locust Grove Road as per Instrument No. 97031850,148.70 feet to an iron pin; thence leaving said Easterly right of way South 8958156" East 192.68 feet to the REAL POINT OF BEGINNING. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that (s)he is/are the ov.mr(s) in fee simple of said premises; that they are free from all encumbrances Except: Ghent Year Taxes, conditions, covenants, restrictions, reservations, easements, rights and rights of way, apparent or ofrecord. And that (s)he will warrant and defend the same from all lawful claims whatsoever. Dated: Iuly 8, 2004 Locust Grove Limited, L. G, a limited liability company By. M State of Idaho } } ss. Connry of On this 0 day of July, in the year 2004, before me, a Notary Public is and for said state, personally aMemeF William Geyer known or identified to me to be the Managing Member in the Limited Liability Company known as Locust Grove Limited, L.L.C, who executed the foregoing instrument, and aelmowledged tome that he executed the same in said LLC name. IN WITNESS WIEREOF, I have hereunto set myhand and affixed my official seal the day and year in this certificate first above written. �N 740)T,4a,# F,V l0 Oy0 NotaryPubhc for4c State of Idaho Residing at: lSa<u�Commission Expires: 3.3v -/C-' �F �� Order No.: 500042177OAK LEGAL DESCRIPTION Parcel 4 of Lot .Line Adjustment Survey, recorded as Survey No. 3963, recorded August 6, 1997, as Instrument No. 97062760, being a portion of Lots 15, 16 and 17 of Pleasant Valley Subdivision, according to the official plat thereof, filed in Book 12 of Plats at Page(s) 665, Official Records of Ada County, Idaho, located in the Northwest Quarter of the Northwest Quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap marking the Northwest corner of Section 8, Township 3 North, Range 1 East, .Boise Meridian, Ada County, Idaho; thence South 00°26154" West along the Westerly boundary of said Section 8, 256.15 feet to a point; thence leaving said Westerly boundary of said Section 8 South 89°58156" East 237.68 feet to an iron pin, said pin being the REAL POINT OF BEGINNING; thence South 00°26'57" West 168.85 feet to an iron pin on the Northerly right of 'way of Wilson Lane; thence North 89°58156" West on a line 30.00 feet Northerly and parallel to the centerUne of Wilson Lane, 172.53 feet to an iron pin; thence leaving said Northerly right of way North 44046101" West 28.39 feet to an iron pin on the Easterly right of way of North Locust Grove Road; thence . North 00°26'54" :East on a line 45.00 feet Easterly and parallel to the centerline of North Locust Grove Road as per Instrument No. 97031850, 148.70 feet to an iron pin; thence leaving said Easterly right of way South 89°58'56" East 192.68 feet to the REAL POINT OF BEGINNING. 04292004 17;01 562-941-7070 SCHIADA & CABALLERO PAGE 02/14 INFER VIVOS DECLARATION OF TRUST THE ,�O DAY OF THE PALMR FAMILY TRUST STEPHEN L. PA=R and CAEOLYN V, PALMER Trustors STEPHEN L. PALMER and CAROLYN V. PALMER co-Trueteas ThIgMPSON, 7NrabtwsgN & BFZoWrv, A"hgR-yj$ AT LAw, WH"rR. CAUFORryIA I 7.070 .5CkiIADA & CABALLERO PAGE 03/14 INTER VIVO$ DECL RATION'OF TRUST THE PALMER FAMILY TRUST DATED THE 0 DAY OF 11m,.4,` 19$ THIS DECLAMTION OF TRUST is executed on the date: here- inabove set forth, by STEPHEN L, PALMER, an indiviaua1, and CAROLYN V. PALMER, an individual, husband and wi.f4 (herein- after 9oit:itly referred to as "Trustee'), on behalf of STEFNTN L. PALMER and CAROLYN V. PALMER (hereinafter jointly re- ferred to as "Trustors"). All property subject to this Trust at any time is intended to.be the couff6 pity property oic separate property o£•the Trus tors, and is sometimes referred toas the "Trust Estate", and - shall be held, administered and distributed as provided below. The propertycomprising the Trust Estate is described in Sched- ule "A" attached to this Declaration and Ruch Schedule may be, amended from time to time. It is the Intention of the Trustars that all property transferred in trust under this instrument and the proceeds thereof shall continue to retain its• character as community or separate property during the joint ,lifetimes of the Trustors, subject, however, to all of the terms and cony diti.ong of this instrument. No,provision, of this•Declar'ation of Trust shall change the character of such properties, or the rents, issues and profits therefrom, to other than their orig- GAF ina1 character. Therefore, each of the Trustors has a. right of election, which each of these retains, to claim and demand from the Trustee upon the death of the other Trusioir, his or her share of the community property designated herein, as the "Trust Estate". During the lifetimes of bath Trustors, all deposits or withdrawals from checking accounts or savings and loan accounts standing in the name of the Trust Estate, may be- withdrawn on the signature of either of the original Co - Trustees alone, ARTICLE I Trustees So long as both Trustors are ki.ving, the Trustors shall be the Trustees for the Trust ,Estateestablished by this Dec- laration. upon the death of one of the Trustees,. the surviv- ing Trustee and WAM E. THOMPSON, Attorney at Law, 7624 S. J'ai"89 Avenue, Whittier, Callfarn« a, shall become the Co - Trustee Of the Truer Estate. In the event either pf-the above- --------------- ,1J THQM1 SCN, TMGMPSOK & BROWN, ATMRX", Ae I.AW,ewHlrT ex, CAUMRHIA 562-941-7070 SCHIADA & CABALLERO tamed ind�viduals shall be unable or upwiIlin. aPPOInted shall be unable or unwillita g po'act, or once then in that event C to cottinua to So alt; HRZ$TQpNE$ NORMAN PALMS shall. become a Cc-Txuatea with the above-named to continue to 80 act. Person who is able and willing In the event that any Coro (Z) of the successor 00 -Trustees above-named, shall be un to act with the ori$fnal Trustee - Tr, able or unwilling JAMES D. BRd ustor, then in that event a- 12$04 Santa Monica Boulevard, Su Angelee, California 90025, shall become the succes.i02, Las ice 2 2 Whenever the term "2'Truatee. mean and refer to the Trustees rLzst2e" zs used -:Lu this Declarat4on, it shall Co-Txust_eo'or Co -Trustees, or to in to S 8urvlv'n9 Trustee and a may be. dividual Trustees, as the case ARTICLE ZI 7Power to Amend .and Revoke During the 7ifet4tt:ea be revoked in whole of both Trustors, this Trust ma3r or in part by T either, rst ung writterttiptiCe to r by deliver - the Other Txuator andutoothe Trustee, 1n the event of such revocation, the etitlre Trust: Estate or the portion affected by the, revoaaatiOn,.shall revert ar both 'Trustors retaining its prior to either character as e8m®uuity ax separate property. This trust may nut be amended during the lifetimes Of the Truatora without the be amen ed die in of both of thein. Npan the death 04 the -first of the Tru trust cstorg to die, the reated hereunder and aesiPated a8 Ts ent's trust) shall become irrevocable and nate b7ectrhtad�,end- A (the survvorment, The surviving Txuetor may alter; amend or reviake Trust �'i.ttet� notice trust) xn whole or in part by delivering ce td the Trustee, ing Trustor, Trust: p Upon the' death of the surviv- ing not earlier Xevaked, shah, become irrevocable and may not be altered, amended ox modified in any respect. N4 amendment of either T'ruat A or -Trust 13 shall increase the doe connsentsentcrease of the the duties dz liabilities of the Trustee without xrustee. . ARTICLE III Additiot%al pro et+t Either Trustor may at any time, and from .txtyc t:o time, assign, deliver or deposit with the Trustee additional >Yidnies, -2- TH4MP30N, T1" "ProN V' 9ROWN- AT lA1k, Nrt([TTIYiR' CAEOF01041A V, /2004 17:01 562-941-7070 SCHIADA & CABALLERO securities.or Other property which thereupon shall be subject i,n.all respects to'the- terms of this agxeemenf, in tho manner as if originally included in Schedule- "A" same iiese0 ARTICLE TV Distribution of Income and prinei &1 A. During the ,point lifetimes of the Tz-4stoxs, the Trustee shall pay to the Trustors the entire net income of the Trust $staCO3 guaxterly, or -in more frequent ixistallw ments_ In addition, the Trustee shall pay to the 'Trustors so much of the principal, of the Trust.Estate as they shall request, B. Upon the death of either of the Trustora if the other Trustor shall survive him or her, the Trustee shall divide the Trust Estate (including any additions made by the Will of the Deceased Trustor or by any life- insurance Proceeds, or otherwise) into two separate- trusts, designated as Trust A (the survivor's gust) and Trust B (the decedent's trust), as. follows; 1. Trust AY shall consist of (a) the surviving Trustor's shame of community property in the Trust Estate, (b) any portion of the Trust Estate consisting of separate Property of the surviving Trustor, and.(c) one-half (1/2) . of the separate property of the deceased Trustor. 2. Trust B shall aonsi8t of the balance of the Trust Estate not allocated to Trust ,A, under: the foregoing provi s i.on . 3, the Trustee shall not be required to make a Physical segregation o.f the assets between Trusts A and S, and the Trustee may hold undivided interests in thesamme Property; provided, however, that sepgrate books shall be created and maintained properly to identify the principal and income of each of said Trusts and the source of payments made from each, C. The Trustee shall pay from'.the assets of Trust R the deceased Trustor's last illness and funeral expenses, 411 costs of adminta tering the deceased Trustor's probate - estate, i.f any, and all estate and inheritance taxes (in- cluding any interest or penalties thereon) arising by rea- son of the death of the deceased Trustor. D. During the lifetime of the surviving Trustor, the income and principal, of Trust A shall $'e held, dealt with, and distributed as hereinafter provided: -3- THQMPSON.-rHQMPS4N al BROWN. Av4a -v Kr uw. VjHIMQt, cAu r•'awvu .04/29/2004 17:01 552-941--7070 t�' SCHIADA & CABALLERO I. The net income shall be, distributed in quar- terly or ,other frequent installments to the surviving Trustor during his or her lifetime. 7,. The surviving Trustor shall have the unlimited poorer to withdr4w such amounts of principal of Trust A, up to the whole thereof, as the surviving Trustor may, from time to time, request in writing of the. Trustee, 3. Upon the death of the surviving Trustor, the Trustee shall distribute any remaining principal and accumu- lated inedme., if any, then held in Trlist A as the surviving Trustor may appoint by his or har Will, The power to make such appointment, the co-aditions to which it may be made sub- jact and the principal beneficiaries shall be witUut restric- tions or qualifications of any kind.. In default of the ef- fective exercise of this power by the surviving Trustor, all assets of Trust A shall be held or distributed in the same mariner, to the same persons and in the same proportions as are provided for in this Declaration of Trust: B. 8. During the lifetitne of the surviving Trustor, the_ income and principal of Trust, H shall 'be held, deals' with arta distributed as hereinafter provided: I. The net income from Trust B shall be d4stri•- bated in quarterly or other more frequent installM'ents to the surviving Trustor during his or her l9.fetime. 2. Yf; at any time, the surviving Trustor should for any reason require funds for his or her proper care,,main- tanance,. health or support, considering his or her needs and the standard of living maintaiu.ed by. the Trustees' at the time of the deceased Trustor's death, and also considering income ,or other resources available to the surviving Trustor outside of this frust, it shall be the discretionary duty pf the Trus- tee, upon receipt of satisfactory evidonce of such want, to pay to or apply :dor the benefit of the surviving Trustor such amount of principal, up to and including the whole thereof, as may be necessary tp meet said want; provided, however, that any determination by the Trustee to pay to or on behalf Of the surviving Trustor My amount of principal from Trust B shall be =ids solely by Trustees, er a Trustee, other than the surviving Trustor, and the surviving Trustor shall take no part: in such determination, 3. The primary purpose Of -this Trust is to pro- vide liberally for the surviving Trustor during his or her -4- THOMPSON. TFiompsoN & BROWN. ArrvPMVk A LAW WHIYRI:R. CACIMMIA PAGE 05/14 04/29/2004 17.61 562-941-7070 SCHIADA & CABALLERO Lifetime. The rights of all remaindarmet are subordinate to such primary purpose. Subject to this purpose, no distribu- Cron of pricipal shall be made from Trust B until Trust A is exhausted, unless such distribution is for the: purposes provided for in Article V, Subparagraph, Q of this Trust, in Which event the assets of both Trust B and Trust A.may be expended in equal amounts to accomplish the described pur- poses. F. Upon the death of the surviving Trustor, the Trust shall continue until the youngest of the children of the Trus- tors, namely, CHRISTOPHER NORMAN PALHER, born January 16, 1959, STEPHEN ,BRIAN 'PALMER, born June 1, 1960, and JAMES STEWART PALMER, born July 6, 1962, shall attain the age of forty (40) Years. 1. During sant period, the Trustees shall pay to or apply for the use and benefit of the said sons of the Trus- tors, in equal shares, the net income from said Trost until such children shall attain the age of £ccq (40) years_ 2. An each son of the Trustors shall Attain the age of thirty (30) years there shall be distributed to him one-third (1/3) Ok his share of the principal of the Trust; Estate. As each of the said sons of the Trustors shall attain the age'of thirty-five (35) years, there shall be distributed to him, one-half (1/2) of his remaining share of the Trust Estate. As each of said sons attains the age of forty (40) years, the Trust shall terminate as to said sons and there shall be dis- tributed to him, the balance of his share of the principal of the Trus't' Estara together with his share of any accumulated and undistributed income. 3. lh the event that any 'of the sons of the Trustors shall predecease the Trustors, such deceased son's share shall be held iu Trust by the Trustees for the benefit of such de- geased son's children, in equal shares, until each o£ said child- ren shall attain the age of twenty-five (25) years. During said period, the Trustees shall pay to or apply for the use and benefit of said grandchildren of the Trustors, in equal shares, upon the principal of represenation, the net .income from said Truo t until such grandchild shall be anti.tled to- receive his or her distribu- tive share upon the termination of said Trust. As each grand- child shall attain the age of twenty-five (25) years, the Trust shall terminate as to such grandchild and there shall be distri- buted to such grandchild his or her principal share of the Trust Estate, together with his or her share of any accumulated and urI-• -5 - THOMPBON, TFmomrsoN 4k *[ROWNt ATTCRr%T9 AT WW, WHITTIER. QALIFMIIIA t PAGE 06/14 04/29/2004 17:01 562-941-7070 SCHIADA & CABALLERO 0i �i7 distributed income. When the youngest of said grandchildren shall attain the age of twenty-five �255 years;- Cfie Trust cre- ated fbr the benefit of ,such grandchild shall terminate. zf. any me said gxandchlldren of the 'Trustors shall .die prior to the:terldination'of said Trust created for the benefit of said grandchild as herein provided, such deceased grandchild's share shall be distributed to his or her brothers and sisters then living,-snd if there be no such br6thers•and $40ters.thetl living, to the other grandchildren of 'the Trustors then living, in equal shares, 4. That in the event any of the sons o£ the Trustors shall, predecease the Trustora, without, leaving children surviv- ing him, suab deceased sows share shall be held in Trust for the benefit of the other son or sons of the Trustors to be held, managed, and distributed as hereinabove provided. . C- In the event the Trustee ip required to'dLstribute any monies hereunder to a minor beneficiary, eat such dis- trihutiOn may, at the sole discretion.9f the Trustee, be made co.such beneficiary or to any person having actual' custody Of such beneficiary, without the intarvention of a guardian,' or the Trustee may distribute to the guardian, but the Trus- tee may, in his discretion, require such reports and Cake such steps as he may deem requisite to assure and 'enforce the due application of suchwoney to assure and enforce. H. [Upon the death o£ the surviving Trustor, the Trus- tee may, in his discretion, Fay out of the principal of the Trust Estate (both, Trusts A and B) the surviving Trustor's last illness and funeral expenses, attorneys' fees Iand other costs in administering the surviving Trustor's estate, other Obligations incurred for the surviving Trustor's support and .any estate or inheritance taxes. I. Unless sooner terminated in accordance with the Provi,siOU of this instrument, each .trust created under this instrument shall terminate twenty-one (21) year's after the death of the last of the Trustors, -STEPHEN L. PALM9R and CARbLXN V, PALMER, the children of the Trustors, CIiR18TOPKER NORMAN PALMER, STEPHEN BRYAN PALMER., •ISS STEWART PALMER, and TxLER JAMS PALMER. J. x£ the value Of the remaining Trust Estate, or of any segregated share held as a separtate trust, as conclusively determined by the Trustee shall, at any time, be reduced to Five Thousand Dollars 045,000,00) or,lesa, then the Trust, or -6- THdMPSON. THOMPSON 4� SROWN4 ATMANen AT LAW. VJWMER. CALIFORNIA PAGE 07/14 N 04/29/2004 17:01 562-941-7070 SCHIADA & CABALLERO PAGE 06/14 such separate -trust share thereof, shall terminate and the retriainder of the trust, nr such, separate sharp', , shall, . forthwith be distributed to the person or persons than en -- titled to the income and principal of the TrustsCate, Or Rush separate trust share. ARTICLE V Powers of the Trustee To carry Out the provisions of this Trust subject to any limitaC ons stated elsewhere in this instrument, the Trustee is vested with the following powers in addition to and not in limitation of the powers granted or conferred by law. A. To hold any and all of the Trust property in the title of The Palmer Family Trust A or The Palmer Family Trust b, as the case may be. B. To acquire an asset or any .interest therein for cash or on credit, at public or private sale or by gift, ex- change, partition, division or change of character. C. To sell or convey, at private or public sale, for cash or on credit; to exchange; to divide; to grant options n including covered call -options on shares of stock owned by C}F' the Trust; to abandon a Trust asset or,any interest therein; to mortgage, Pledge or hypothecate, or to exchange or lease :(in - eluding lease .for a period extending beyond the team of this Trust, and the lease, sale, exc[tange, gaoling or unitization of -any mineral rights in lands, ar any part thereof, separate and apart :From other interest in such lands), upon such terms, . cash or credit, or both, as.the Trustee •may Qlect,�any stocks, notes, securities, real estate, minerals and other Trust prop- erty. D. To invest and reinvest the Trust property in in- vestment of any kind, real,••Oz.personal, including without limitation, stocks, bonds, notes, mortgages, lands, minerals, royalties, leaseholds, participations in patrnerships, joint ventures and other business enterprises. The Trustee is au- thorized to hold seeurites in his name or in the name of his nominee in a manner which does not disclose the fiduciary re- lationship of the named owner, E. To construct, add to, repair or demolish (in whole or in part) any improve;pent Upon any Ttust property. -7, THQMPSON. THOMPSON a snQWN. A! "mSTg RT "WY 'VVXr rj R, CALlMMIA 4� :S 04/29/2004 17.01 562-941-7070 SCHIADA & CABALLERO PAGE 09/14 F. To participate in any reorganization, consolida- tion, merger or dissolution of any corporation, the stocks,. bonds or other securities of which may be held at.any time as part of tha Trust property, and to recdive and cQt9.tinue to hold any property which may be allocated or distributed to diem by reason of participation in any such reorginiza- tion,-con.soli.dation, merger or dissolution. G. To make or Bold investment of any part of the Trust property in common or Undivided interests with other persons, corporations or trusts. H. To demand, receive, reasipt: for,sue for and col- lect any and all rights, money, properties or claims to which this Trust may be entitled, and to cozpromise, settle, arbi- trate or abandon any claim or demand in favor of or against this Trust. 1. To borrow funds for this Trust in such amounts and for such purposes as to the Trustee shalldeetn for tha best interests of this Trust and the beneficiaries thereon, and tQ purchase property on the credit of this Trust, and in con vection with such borrowing or such purchase, to'execute and deliver promissory notes or other evidences of indebtedness of this Trust and to Mortgage or pledge all or any part of the property in this Trust to secure -payment of such indebt- edness, and to repay such indebtedness out of this Trust. J. The Trustee is specifically •authorized to purchase assets from the estate of either deceased Trustor, or to put - chase assets on behalf of one trust from another trust created hereunder, and to make loans at reasonable rates of interest to the estate of either Trustor, and t6 make loans at reason- able rates of interest from one trust to another trust created hereunder, and any such loans either to the estate or another trust may be made with or without security. K. To employe. agents, legal counsel, brokers and assis tants and to pey their fees and expenses, as the Trustee may deem necessary or advisable to carry out the provisions of this Trust. L. To vote in person or by proxy any share of stock which may form part of this Trust. M. To determine, in the Trustee's sole discrietion, what is principal or income of the Trust Estate and to ap- portion and allocate, in the T7:ustee's sole dtscretion, to- oeipts and expenses as between principal and .income. Only the Co -Trustees or Trustees other than the surviving Trus- tor shall have discretion to determine.what is principal or .a- THOM U, N, THoMP9pN ]BROWN. AT,.y,mn,N 4e uw, WHIrnrR. eAUFVRNtn 04129/2004 17:01 562-941--7070 SCHIAAA A CABALLERO incorke of the Trust Estate. To charge to the principal of the Trust Estate'the full purchase price of any securities purchased at a premium without the necessity of thereafter making any amortization as to Such premium, N. To hold any property of the Trust E.sta.te (other than real property) in the names of the Trustees or in the name or names of a nominee or nominees, 0. Generally,, without limitation of any' specific enumeration herein, to_ managd,:Control, operate, convert, re- _ convert,' invest, reinvest, sell, exchange; lease, mortgage, pledge, pool, unitize or otherwise encumber and deal with the property of this Trust for and on behalf of this Trust and the .beneficiaries thereof, as any individual would have in re- spect of ,his own property and funds, P1. To obtain insurance, including public liability insurance and major medical insurance, at the expense of the Trust Estate of such; nature and in such amounts and form as the Trusted may deem advisable, inaludizxg life insurance on the lives of any of the Trustors or any beneficiary hereof, and to pay any premiums and expenses, and continue to pay such premiums with respect thereto from the income-ot cor- pus of the Trust for the insured beneficiary, or from any other Trust if the funds available are not sufficient with respect to such insured beneficiary. R. If, and to the extent that, the residence' of the Trustors shall constitute as asset of the Trust Estate, the Trustee shall allow the surviving Trustor to occupy, and use the same Cantil his or her death without obligation to pay any rental, If requested by the surv�•vizg Trustor, the Trus- tee may dispose of any such residence, purchase or build another comparible or less expensive residence which may be occupied without rental obligation, during the remaining life of the surviving Trustor. .All taxes, insurance, repairs and other charges necessary for the reasonable upkeep and maintenance Of any such residence shall be paid from the income or prin- cipal of the Trust Estate, R. Upon any' division or partial or final di,stributi.on Of the Trust Estate, the Trustee shall have the power to pax- ticion, allot and distribute the Trust Estate 'in undivided interests or in kind, or partly in, money, and pertly in kind, at valuations determined by the Trustee, and to sell such prnpertq as the Trustee may deem necessary to make division or distribution. -g_ THOM'soN, THOMFson a sRown, ,,,,q,,,,,ys „T µw, WHhrurR. aAyFoMIA PAGE 10/14 6412912604 17:61 562-941-7670 SCHIADA & CABALLERO ARTICLE VI Trustee I)ealin With Third PRrCies , VQ Person, firm or corporation dealing with the Trus; tee with ireferenee to any property in this Trust shall be required Co ascertain the authority of the Trustee to make any sale, transfer, mortgage, pledge, assignment or other transfer or disposal of ar transaction concerning the Trust Estate, nor shall any such person, firm or corporation be PdiMitted or required to inquire into the expediency, pro- priety, vgl.idity or necessity of 4nY, sale'mada by the -Trus- tee nor shall they be in any way res asible for the proper use of dpplication of funds paid by them or any of them to the Trustee under the terms of this Trust. Such persons, firms or corporatims so dealing with the Trustee shall be entitled to rely upon the delivery, Transfer, assi8nment or other instrument or act disposing Of'or pledging or mortgag- ing such property by the Trustee as haying been duly aestho- rizdd in sli'particulars, 'and rite receipt of the Trustee for any Payment made to him at -for any assetg added hereunder skull be a complete discharge and acquittance to tl�c extent specified in such receipt. ARTICLE V11 • S endthrift Clause The interest of the beneficiaries in any of the Tru created hereunder shall not be subjests at to the claims' of their creditors or others, nor shall, they be subject to any legal Process and such interests May nbt be voluntary or involun- tarily alienated or encumbered. ARTICLE VIII �eSi�ndtion oi' Tzustee , Any individual Trustee may resign at any time, Provided that in the event all of the individual �Trustees should re - =able or Shall be tenable or unwilling to act, them. in that event, upon the petition of one or more•.incoma beneficiaries, filed with the SupOrior Court of the State the of California fOr County of Los An eles & , a corporate Trustee shall be ap- pointed as Successor Trustee. -1,0- TNOMPSON. TWOMPSON ge aRaWN. Aw&'M'rjq AT LAW. W fMIER, G4(NORNIA PAGE 11114 04/29/2004 17:0.1 562-941-7670 SCHIADA & CABALLERO Any.Stsccassor Trustee appointed hereunder shall stave no responsibility for the acts or emmisions of any prior Trustee, and tto duty to atidit or investigate the accounts or administration of any prior Trustee, nor shall qny. Suc- cessor Trustee have 'any duty to take action for any clefal- catib.n.•of any. prior Trustee unless'request'ed to do.so in �17rztiug by •a person having,a present or potential interest hereunder and unless i,ndemn4tied1 for the exspences' of such action. ARTICLE IX Co ens atiott _ of Trus tees' The Trustee hereunder ;hall 1>d entitled to reasonable compensation for his services in proportion to the extent Of such services, ARTICLE x General Provisions A• If any provision of this instrument is =enforce- ab]e, the remaining provisions shall nevertheless be carried into effect. B. The use of the singular shall include the plural and the masculine shall include the feminine and neuter ten- ders. G- This trust has been accepted'by the Trustee in Cali.• fc)=ia and unless otherwise pxavided in this instrument, its validity, construction, and all rights udder it shall be gov- erned by the laws of the State of California. IN WITNESS WHEREOF, the,Trustees and Trustors, STEPHEN L. PALMRR and CAROLYN V. PALM,gR, execute this Declaration of Trust on the day and year above written, at Whittier, California. Step L. a liter n .�• � cam_ �`''��... aro y a mer -II THQMP;ON. THOMPSON & RkoWN AtTpRraEy* AT LAW. WH1rFf1iH1 CAWFOXMIA 04/29/2004 17:01 SG2--941-7070 SCWIADA A CABALLERO PAGE 13114 We, STEPHEN L. PALMER and CARAT,YN' V. PALMER, ado hereby certii?y that we have read Che foregoing Declaration of Trust and that it correctly states the terms and conditions span which the Trust Estate is to be head, managed and. disposed OZ by the Trustee. We, and each of us, approve the Declaration of Trust in . all particulars, and have requested the Trustee to executc it: " Dated the.year and day first above wrictonn. zitePlIell L, a mar Social security Na. !NS- 41-, 02�o ara yn v. Pa mer Social Security No. �.?_ Approved by: TKoMP& BROWN 11 ayn Thompson, t rneye for tors STATE OF CALIFORNIA; ) ss,. COUNTY OF LOS ANGELES) On the, dap of l 9 $ undersi y before me, the fined a NOtar Public in and ,for said state; personally appeared STEPHEN L. FALMER and CAROLYN V. PALNEp, � personally known to me/ % proved to me on the basis of satisfactory evi- dcnce, to be the persons who$e names are subscribed-to the within instrument and acknowledged to me that they exeCUted the same As Trustors, and STEPHEN L. PALMER and GA,ROLYN V. PALMER also acknowledged to me that they executed the same as Trustees. tN WITNESS WHEREOF, I have set my hand and seal the day and year above written, Otaxy �tl or said State 9 �F[C[A SAL MANOLLWOW NGn.�S tavNC_ CALW�fYYFtIA [dY �T1"4" eaft Fab. a, 19¢5 TFfOMMON, THOMPSON & kROW14. •T*bnn�rr nr uw, wH.+71ese, u FOMNIA RECORDING REOUESTED BY: SCHIADA & CABALLERO 13225 Philadelphia St. Suite B Whittier, CA 90601 WHEN RECORDED. RETURN TO: SCHIADA & CABALLERO 1.3225 Philadelphia St. Suite B Whittier, CA 90601 The undersigned partnere 1. It is a general 2. The name of the 3. The names of the STEPHEN L. PALMS; JAMES PALMER HRXAN PALMER, al 4. The partners named al partnership. 5 All partners named in property standing in executed by all part partnership name. This statement was executed Whittier, California. Nov �T 0— py�,rnsnt� Recorded HW mt been compete with OftM "As, Viii be retumeedwhLMpreces-sing',lias bow m 1Asa�saAm - OMM OF PARTNERSHIP declares and states that: ship. ship is P & P.' INVESTMENTS :'r are= knOWn as, STEPHEN B. PALmER are all of the partners in the statement may convey title to real partnership name by 'a conveyance and which statement is in the I C 1994, at ZB 39dd Q�tiNOQOW 0 Zb.b� 500/EZ/E0 - • I . r ':(- State ;( - State of California ) ) SS County of Log Angeles ) WE, THE UNDERSIGNED, S Y: We have ,read the fore ing STATEMENT OF PARTNERSHIP and know its contents. We are partners of P & P INVESTMENTS. The matters stated in said STATEMENT OF pARTNERSHIP are true of our own knowledge and we are authorized to make this verification for and on behalf of said partnersh'p.' Executed this 2-5 day of A -u , 1994 at California We d 1 d er penalty of perjury that the ec are 1111 foregoing is true and correct. STEPEE Z. PALMER 2 60 39vd TIVNOGON R Tb :bT 9ag7 /P7 /PP State of California: County of Los Angeles: Onder-9 9 Notary ublic, personally personally known to me subscribed to the within he/•ekeV-tiremy executed capacity[], and that instrument the person[O], parson V] acted, executed )efore Ippeared - r or, prow® t-he—bass----of M the person[,] whose nameExI is Aare .ngtrument and acknowledged to me that ame in his/ heI authorized )y his/ signature[r] on. the )r the entity upon behalf of which the ;he instrument. Witness my hand grid offici 1 seal.. 11 -- ,J fore geared proved to me on the basis of the person Lt] ' whose name[] is/are strument and acknowledged to me that ne in hist authorized State of California: Count Of' Los Angeles: on C� 9 9+/ Notary�a, personally satisfactory evidence to subscribed to the within he/fey executed capacity[], and that instrument the person[], person(] acted, executed Witness my hand and offici LVI . , )L�� (2, -- zz��� State of California: Count of Los Angeles: on Not b1ic, personally satisfactory evidence to Y subscribed to the within i he/,shas y executed s capaaity[�], and that r instrument the person V], c person pe] acted, executed t OFFICIAL NOTARY 51rA1. �� d GRIFFIN -ia Notary �iic CaYbrNa JOS ANGELES COUNTY MY CflnMn. (far SEP 291993 his/ signature[r] an the the entity upon behalf of which the 9 instrument, seal. OFFICIAL W ARY SEAL J MELISSA J. GRIFFIN NOMY Pudic — C 91100 is LOS ■NGELES COUNTY W Comm Expo" SEP 29.1895 ore me eared prow d to me on the basis of the persone] whose name] is/arra trument and acknowledged to me that e in hist authorized his/heir signaturepr] on the the entity upon behalf of which the instrument. Witness my hand and official seal. DAk�rM9\91-60, aao 3 bG 7gr/,A a-ivNna.,�w OFFICIAL NOTARY SEAL MELMAA J. GRIFFIN N44ry FuNk; -- C*I mia Los ANGELES COUNTY t.Ijr Comm- Exok s SEP 29.1995 GI Tb�b� 99aZ/Ez/E8 Print Review IRS Form SS -4 EIN Page 1 of 1 Form SS -4 Application for Employer Identification Number EIN (Rev. December 2001) (For use by employers, corporations, partnerships, trusts, estates, churches, Department of the government agencies, Indian tribal entities, certain individuals, and others.) 20401989 Treasury Internal Revenue Service M See separate instructions for each line. eKeep a copy for our records. OMB No. 1545-0003 1* Legal name of entity (or individual) forwhom the EIN is being requested STEPHEN L PALMER RESIDUAL TRUST 2 Trade name of business (if different from name on line 1) 3* Executor, trustee, 'care of name CHRISTOPHER PALMER - TRUSTEE 4a* Mailing address (room, apt., suite no. and street, or P.O, box) 5a Street address (if.different) (Do not enter a P.O. box) P 0 BOX 108 410 NORTH HULEN WAY 4b* City, state, and ZIP code 5b City, state, and ZIP code KETCHUM ID 83340 - KETCHUM ID 83340 - 6* County and state where principal business is located County BLAINE State ID 7a* Name of principal officer, general partner, grantor, owner, or trustorSSN, 76 ITIN, EIN STEPHEN PALMER 54542-0809 8a* Type of entity (check only one) Estate (SSN of decedent) [I Sale Proprietor (SSN) 0 Plan administrator (SSN) n Partnership 99 Trust (SSN of grantor) 54542 i 0809 1� Corporation (enter form number to be filed) ► 0 National Guard 13 Statellocal government Personal Service 0 Farmers' cooperative 0 Federal government/military U Church or church -controlled organization r; REMIC Indian tribal govemmentfenterprises ❑ Other nonprofit organization. (specify) .M Group Exemption N0. (GEN) 11`1 El Other(specify).,P 8b If a cory' oration; name the state or foreign country (if applicable) where incorporated State ..rSs,w Foreign country nvaavl I lug aNNlynly tcuccR unly one) I.....J Banking purpose (specify prlfpdbe) I` h Started new business (specify type) C Changed type of organization (specify new type) F U Purchased going business Hired employees (Check the box and see line 12) 2 Created a trust (specify type) RESIDUAL Compliance with IRS withholding regulations f..'7 Created a pension plan (specify type) Other (specify) iw 10* Date business started or acquired (month, day, year) 11 Closing month of accounting year APR 28 2004 12 First date wages or annuities were paid or will be -paid (month, day, year) Note:ff appf cant is a withholding agent, enter date income will first be paid to nonresident alien. month, day,year) ................ s 13 Highest number of employees expected In the next twelve months Note;lfthe applicant Agriculture Household Other does not expect to have any employees during the period, ent0'-0-' .............. 14* Check box that, best describes the principal activity of your business r Health care & social assistance I I Wholesale agentibroker M Construction ❑ Rental & leasing ri Transportation & warehousing nAcconUnpdatlon & food service � Wholesale -other, ❑ Real estate n Manufacturing M Finance & insurance )Retail a ". © Other s Lec TRUST 15* Indicate principal line of merchandise sold; specific construction work done; products produced; o"r'6ervices provided, I RUJI 16a* Has the applicant ever applied for an employer identification number for this or any other business? ........... -.. Yes R71 No Note ff'Yes' lease corn late lines 16b and 16c 16b If you checked 'Yes" on line 16a, give applicant's legal name and trade name shown on prior application if different from line 1 or 2 above. Legal name IP - Trade Trade name .F 16c Approximate date when, and city and state where, the application was filed. Enter previous employer identification number if known Approximate. date when filed (month, day, year) I City and state where filed I Previous EIN Complete section only if you want to authorize the named individual to receive the entity's EIN and answer questions about the completion of this form Third Designee's name : Y; I Designee's telephone number (include area code) Party WENDY BASULTO CPA z , Designee Address and ZIP code 1-13225 PHILADELPHIA ST WHITTIER CA 90608 - Under penallids of pequry,l declare that I have examined this application , and to the best of my knowledge and belief, 8 is true, correct, and complete. Name and We (type or print clearly) I- CHRISTOPHER PALMER-TRUSTEE Signature • Not Regairad Date t■ January 07, 2005 GMT ( 562 ) 945 - 1558 Designee's fax number (include area code) ( 562 ) 945 - 5759 Applicant's telephone number (include area code) Vs fax number (include area code) https://sa.www4.irs-gov/sa_vign/review.do? 1./7/2005 Issued EIN Page 1 of ja IT#Awmal Rewti" %rvice I%g DEPARTMENT OF THE TREASURY Daffy Federal Tax ID / EIN This is your provisional Employer Identification Number: 20-6401989 Today's Date is: January 07, 2005 GMT You will receive a confirmation letter in U.S, mail within fifteen days. The letter will also contain useful tax information for your business or organization. If you have input any of the information on your application in error, please wait seven days and contact the EIN Toll Free area at 1-800.829-4933, Monday - Friday, 7:30am - 5:30pm. If you do not want to call, please make corrections on the letter you receive confirming your EIN and return it to the IRS. If you are going to complete other on-line applications that require your Employer Identification Number(EIN) you can copy it by performing the following steps: 1) Use your mouse to highlight your EIN (blue number on top of page) by moving your pointer on top of the number. 2) Press the Ctrl key at the same time pressing the C key. Once you copy your EIN you can paste it in the appropriate place by pressing the Ctrl key at the same time pressing the V key, https://sa.www4.irs.gov/sa—vign/issueEIN.do 1/7/2005 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I,� 0"'�S '(name) (city) being first duly sworn upon, oath, depose and say: :to 900Y ;L0t (address) (state) 1. That I am the record owner of the property described on the attached, and I grant my permission to: t,s kcL w,C'W ' ei—C q10 encu&' C; %. ' 20 z 130 IV - (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this 2 2— day of Ifia , 20 29��4' 61-061y'l 131r-lfll�- (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. %WS1., II @*#,,$' �.•` gE Y. r G •� $ •.••r•••.• , •,. g U-,-a - %WOA TE •'' � 0184"W �OIIvYPi — �v�-v�1L1 (Notary ub is for Idaho) r Residing at: Go 1 ��• �� . 1 % Q3'+t '7— My Commission Expires: U 1 JOINT USE AGREEMENT AGREEMENT made 1997 b y and SCHI7ANDT FA IL LIMITED PARTNERSHIP, LLP, among MERIDIAN TRUST, dated August 1, 1997, Ralph E. Taylor, Trustee, an corporation, an corporation, and (collectively the "Parties"). ' an corporation Recitals The Parties wish to establish a general plan for the development, maintenance, and improvementof certain real estate as a Multiple Use Retail Site. The Multiple Use Retail Site is designed for the mutual benefit of the Parties, and is more fully identified and described in Exhibit A annexed hereto (the "Multiple Use Retail Site"). The Parties wish to establish protective provisions, covenants, restrictions, and provide, for liens and charges (collectively called "restrictions"), with respect to which all or any part of such prope to be improved, held, usedrty is , occupied, leased, sold, or conveyed. It is intended that such restrictions run with the land and -apply to and bind the respective successors in interest. All of such restrictions are imposed on each portion of such property as a mutual, equitable servitude in favor of all other portions of such property. Now, therefore, the Parties agree as follows: Article 1 Definitions Section 1.01. The term "Multiple Use Retail Site" means a site to be utilized by multiple Parties for mutually compatible commercial activities and includes the entire property identified and described in Exhibit A. Section 1.02. The term " Common Building Component" means any single Building which is located Partly on a parcel of land in the Multiple Use Retail Site owned by one Party and partly on a parcel of land in the Multiple Use Retail Site owned by another Party. Section 1.03. The term "Party" means each of the persons executing this instrument, or their R:\GEY$R96.597\SCHRANnT\SONMSH.REV Joint Use Agreement - Page I respective successors in interest, as later provided, of their respective interests in the Multiple Use Retail Site, as shown by the records of Ada County, as of the date of the exercise of powers or the performance of or failure of performance by such Parties of obligations created by this instrument who fit within the following classification: (a) The person or persons holding fee title to all or any portion of the parcels comprising the Multiple Use Retail Site, except as provided in (b); or (b) The lessee or lessees under a ground lease of all or a portion of the parcels comprising the Multiple Use Retail Site for a fixed term of 50 years, or longer, in which event the fee owner of the real property covered by such lease will not be deemed to be a Party as to such property for the purposes of this Agreement during the duration of such ground lease. Section 1.04. The word "person" means and includes individuals, partnerships, firms, associations and corporations, or any other form of business entity. , Section 1.05. All areas used or constructed for use for commercial purposes will be referred to as Commercial Areas. (a) Commercial Areas include: (1) Sales and service areas. (2) Warehousing and storage areas. (3) Clerical and office areas. (4) Parking and Drive Isles. Section 1.06. All areas within the Multiple Use Retail Site, subject to nonexclusive use and not exclusively appropriated for the use of a single occupant, will be improved, operated, and maintained, and will be referred to as common areas. Such areas include parking areas including employee parking areas, roadways, walkways and landscaped areas. Such areas do not include buildings, areas, or facilifies which are constructed or used for commercial use as defined herein. Article 2 Regulation of Improvements Section 2.01. No hedge, fence, wall, or other like barrier shall be constructed on the line separating one parcel from another parcel,. other than the improvements expressly permitted here or those improvements required by city, county, state or federal authority. Section 2.02. (a) Each Party owning, any improvements in the Multiple Use Retail Site which contains a Common Building Component, if such Common Building Component is utilized by another improvement in the. Multiple Use Retail Site owned in whole or in part by another Party (as owner of a benefited improvement) shall maintain, at its own cost and expense, the Common Building Component in such state of repair that it will continue to have the capacity to be so used in common R: NGZYER36 . 597\SCHRA=r\.70NMSE , REV Joint: Use Agreement - Page 2 by the benefited improvement in question (subject to the pro section), vision of (1) of subparagraph (b) of this (b) Each Party owning any benefited improvement which utilizes any Common Building Component contained in an improvement which is not owned in whole or in part by it: (i) Shall not place on the Common Building Component in question any burden which at the time of placement is in excess of the capacity of the Common Building Component for such or will prevent the use of the improvement contained in the Common Building Component in question for its intended purposes; and (2) Shall not cause or permit to occur any damage, loss, or injury to the improvement which contains the Common Building Component in question by or as a result of any act or negligence on its part with respect to the benefited improvement. Section 2.03, Nothing in this section shall be deemed to preclude any Party owning either an improvement containing a Common Building Component or a benefited improvement, as the case may be, from doing or causing to be done any work (whether of repair, alteration, restoration, or otherwise) with respect to any such improvement (notwithstanding that during the course of Performing such work a condition otherwise prohibited by the provisions of this Article may result) Article 3 Operations and Use Section 3.01. Unless unanimously approved in writing by the Parties, neither the Multiple Use Retail Site nor any'part of it will be used and no building or other improvement will be constructed, maintained, or used for any purpose other than the following: retail, office, and service establishments, including without limitation, financial institutions, brokerage offices, restaurants, travel and other agencies, bowling alley, skating rink, motion picture theater, car washing establishment, veterinary hospital, mortuary, and similar service establishments. Section 3.02. Except as otherwise prohibited by this Agreement any part of the Multiple Use Retail Site may be used for any commercial or business operation, use or purpose, which is expressly authorized and which is common to comparable regional Multiple Use Retail Sites and which is not prohibited by this Agreement or by law. Section 3.03. No use or operation will be made, conducted, or permitted on or with respect to all or any Part of the Multiple Use Retail Site, which use or operation is obnoxious to or out of harmony with the development or operation of a first-class Multiple Use Retail Site including, but not limited to, the following: r l; R.\G6YBR96.597\SCHRANpT\JONTUSB.RHV 1 Joint Use Agreement, - page 3 (a) Any public or private nuisance; (b) Any noise or sound that is objectionable due to intermittence, beat, frequency, shrillness or loudness; (c) Any obnoxious odor; (d) Any noxious, toxic, caustic, or corrosive fuel or gas; (e) Any dust, dirt, or fly ash in excessive quantities; (fl Any unusual fire, explosion, or other damaging or dangerous hazard; (g) Any warehouse, assembly, manufacture, distillation, refining, smelting, agriculture,, or mining operations; (h) Any "second hand" store, Army, Navy, or government surplus store; (i) Any trailer court, labor camp, junk yard, stock yard, or animal raising other than a pet shop; (]) Any drilling for a removal of subsurface substances; (k) Any dumping, disposal, incineration, ox reduction of garbage or refuse; and (1) Any fire or bankruptcy sale or auction house operation. Section 3,04. Unless unanimously approved in writing by the Parties, no more than one Poultry Restaurant may be operated at any one time in the Multiple Use Retail Site or any part of it. For purposes of this section Poultry Restaurant is defined as a restaurant whose principal offerings are chicken or poultry products. La rticle 4 sement Section 4.01. The Parties grant each to the other the following reciprocal easements, with the understanding that none of the easements described below are intended to in.cumber the foundation or building pat portions of any lot within the Multiple Use Retail Site: (a) Nonexclusive easements appurtenant to the Party's property for the purpose of parking vehicles of the Party, the tenants, concessionaires, officers, employees or owners of any portion of the Party's property; and the customers, licensees, and invitees of the Party and the tenants, concessionaires, or sublessees. Provided that at any one time, no more than ten vehicles of the Party, its officers, employees, tenants, concessionaires, and its customers, licensees, and invitees shall be parked on the property of another Party. R:\gUYER96.597\SC'HR;IMT\SONTUSE,REv Joint; Use Agreement - Page 4 (b) Nonexclusive easements appurtenant to the Party's traffic of customers, invitees, and licensees of the P y;thproperty for the purpose of pedestrian any portion of such Party's roe �'� the tenants, concessionaires, or owners of �-y Property; riy; and the customers, officers, employees, licensees, and invitees Of the Party and the tenants, concessionaires, or owners, (c) Nonexclusive easements appurtenant to the Party's property for the purpose of forms hing access and the right of access between the public streets and any parking areas situated on the Multiple Use Retail Site property and between the public streets and parking areas and the Party's property, including any and all improvements from time to time located on or in the party's property. (d) Nonexclusive easements appurtenant to such Party's property for the purpose of furnishing connection, support, or attachment including, without limitation, walls, slabs, and structural systems of an improvement to any building component owned by another Party where such building component constitutes a Common Building Component. (e) Nonexclusive easements for the benefit of and appurtenant to each portion of the Multiple Use Retail Site, for the conveyance of water, telephone lines, the conveyance of gas, for sewage disposal, the conveyance of electricity and for drainage lines and systems all as described in Exhibit B, attached and incorporated here by reference, and the maintenance, removal, and replacement of . these systems. Section 4.02. The Parties agree that at all times free access between the parcels owned by each party and the remainder of the Multiple Use Retail Site shall not be impeded and shall be maintained. Section 4.03. Subject to the rules and regulations adopted for the use of such areas as provided in this instrument, the use of all easements provided for in this Article and all other improved common areas in the entire Multiple Use Retail Site shall, in each instance, be nonexclusive, and for the use and benefit of all of the Parties or their respective successors or assigns to all or any part of their parcels, and to the extent any Party may see fit to grant the same, for the use and benefit of other persons who are permittees. Section 4.04. The common areas, on completion of the improvement of such areas, may be jointly managed, controlled and operated by the Parties or their respective successors or assigns to all or any Part of their parcels, for their mutual benefit. Section 4.05, The Parties, or their respective successors or assigns to all or any part of their parcels., shall jointly have the general possession of all common areas of the Multiple Use Retail Site. Such Parties jointly or individually may, at any time and from time to time, remove, exclude, and restrain any person from the use or occupancy of such, excepting bona fide permittees who make use of such areas in accordance with the rules and regulations established from time to time for such use as provided in this instrument. If unauthorized use is being made of any of such common areas, any R;\GEYER96,597\SCHRAMT\J0MU'SE.REv Joint Use Agreement - Page 5 Of the Parties may also restrain or terminate such unauthorized use by appropriate proceedings after written notice to the owner of such parcel and failure to abate such use. Section 4.06. None of the common areas shall be used for commercial purposes by any individual Party, tenant, or lessee, or other permittee, except in accordance with the provisions of this Agreement and rules and regulations adopted as provided herein. Section 4.07. In the operation of the common areas, the Parties from time to time shall adopt rules and regulations pertaining to the use of all common areas by the permittees of the Multiple Use Retail Site, which may include the validation of customer parking tickets, provided that all such rules and regulations and other matters affecting the users of the common areas will apply equally and without discrimination to all permittees of Parties in the Multiple Use Retail Site. Such rules and regulations must, subject to the provisions of this Agreement, be adopted by unanimous vote of the Parties. Until modified by subsequent agreement, the rules and regulations attached and marked Exhibit C and incorporated herein will be in force and effect. Section 4.08. 'When utility facilities have been installed, each Party may relocate such utility facilities. within its own parcel from time to time, at its own expense. Such relocation, however, shall be performed only if the Party gives 60 days written notice- to all other Parties using the utility facilities, and if the relocation will not reduce or impair the usefulness or function of the utility facilities and will be performed at the sole cost and expense of the Party so relocating. Section 4.09. All areas not used as commercial areas or used for other purposes permitted by this Article will be improved, used, and maintained as common area, and there are established nonexclusive easements for ingress and egress, parking of motor vehicles, and other incidental uses during each period that the areas are so used, improved, and maintained as common area. Article 5 Attorney Fees If litigation, arbitration, or mediation is instituted with respect to this instrument, the prevailing Party shall be entitled to recover from the losing Party all costs and reasonable attorney fees. Article 6 Operation and Maintenance of Common Areas Section 6.01. The Parties will jointly maintain all the common areas and all of the improvements (. f Re\GRyER96.597\SCHR=T\,70NWSE.RBV Joint Use Agreement; - page 6 of the common areas located within the Multiple Use Retail Site, or portions of these, and keep them in good condition, repair, clean, and free of rubbish and other hazards to persons using such areas, The Parties will have the right to select from time to time a person or persons to operate and mauntann the common areas, provided that such selection will not diminish their or its obligations to maintain and operate the common areas. The Parties will each pay as their respective share of each of the costs of maintenance and operation of the common areas a pro rata share of such costs based on the ratio of the gross square feet of its parcel to the gross square feet in all parcels within the Multiple Use Retail Site. Section 6.02. - Each Party will pay all real estate taxes, assessments, and other charges which may be levied, assessed, or charged against its parcel in the Multiple Use Retail Site or any part i such. Section 6.03. Whatever Party or entity is charged withthe responsibility of performing the maintenance,. management, and operation of such common area will during the time it is performing the maintenance, management, and operation of the common area, and so long thereafter as any charge for such remains unpaid, have a lien on the parcel of each Party to secure the payment by the Party of all sums payable to the managing entity. The lien will be junior to and will in no way impair the lien or charge of any first mortgage or first deed of trust, recorded prior to or subsequent to the recording of the notice. Article 7 Insurance Section 7.01. Each Party shall hold harmless all other Parties, and all tenants, lessees, and occupants udgments arising from the use of common areas of the parcels of the other Parties from all claims or j located within its respective parcel or portion of such, unless the claim,, demand, or judgment is, caused by the negligence of the other Party, tenant, lessee, or occupan. The Parties each will provide public liability insurance with limits of not less than $ 3 million per occurrence for combined bodily injury and property damage in the performance of its obligations under this Section. The other Parties will be named as additional insured. Such obligation may also be discharged by selfinsurance, if approved in writing by the other Parties. Section 7.02. Extended coverage casualty insurance shall be maintained by each Party against fire, vandalism, malicious mischief, sprinkler leakage, and all other perils of direct physical loss. Each Party releases each of the other Parties from any liability for any loss or damage of the type provided by fire and casualty insurance with extended coverage, and grants to the other Parties, respectively, on behalf of any insurer providing such insurance, a waiver of anyright of subrogation which any such insurer of any one Party may acquire against any other Party or Parties by virtue of payment of any loss covered by such insurance. Article 8 R;\GEYER96.597\SCIJRANDT\JONTUSg.REV r Joint Use Agreement -- Page 7. Commercial Area Development and Maintenance Section 8.01. Before any exterior surface of any building or other commercial facility is erected, altered, repaired, or restored, or before any unenclosed or uncovered area is used for commercial purposes in the Multiple Use Retail Site, accurate plans of the exterior design; color; finish; and signing of such sign, building, or facility; or screening of unenclosed or uncovered areas will be submitted for approval of the other Parties for the purpose of onshi among the various buildings, facilities, and signing which will c comprise the Commercial areas of the Multiple Use Retail Site in the event such plans are submitted and not disapproved within 30 days from date of submission, the plans will be deemed to have been approved. In the event any such plans are disapproved such disapproval will indicate the particulars for such disapproval. Section 8.02. Within the separate areas of the parcels of each individual Party, such Party will maintain all the commercial areas and all of the improvements of the commercial areas located within the parcel owned by the Party and keep them in good condition, repair, clean, and free of rubbish and other hazards to persons using such areas. Article 9 Enforcement by Injunctive Relief Section 9.01. In the event of any violation or threatened violation by any Party,lessee, or occupant Of any part of the Shopping Center of any of the terms, restrictions, covenants, and conditions provided here, any of the Parties, or their respective successors or assigns to all or any part of their parcels, will have in addition to the right to collect damages, the right to enjoin such violation or threatened violation in a court of competent jurisdiction. Prior to the commencement of any such action written notice of the violation will be given to the other Party or other person responsible for such. Section 9.02. If performance of any act or obligation of any Party is prevented or delayed by act of God, war, labor disputes, or other cause or causes beyond the reasonable control of such Party, the time for the performance of the act or obligation will be extended for the period that such act or performance is delayed or prevented by any such cause. Section 9.03. A Party will not be in default under this Agreement except under such provisions as require the performance of an act on or before a specific date or within a specified period of time, unless the Party has been given a written notice specifying the default and fails to cure it within the period of 30 days; or commences to cure default within such period of time, and if the default cannot be cured within the times specified above, if the Party thereafter does not diligently proceed to complete the curing of default. Section 9.04. It is expressly agreed that no breach of this Agreement will entitle any Party to cancel, �! R:\GLYER96.597\SCMIANDT\,TONTUSS. RSV Joint Use Agreement - page 8 rescind, or otherwise terminate this Agreement, but this limitation will not affect, in any manner, all Other rights or remedies which the Parties may have by reason of any breach of this Agreement. Section 9.05. A breach of any of the terms, conditions, covenants, or restrictions of this Agreement will not defeat or render invalid the lien of any institutional first mortgage or institutional first deed Of trust made in good faith and for value, but such term, condition, covenant, or restriction will be binding on and effective against any of the parties whose title to the property or any portion of such is acquired by foreclosure, trustee's sale, or otherwise. Article 10 Duration, Extinguishment Continuation, and Modification Duration Section 10.01. This Agreement, and each easement, covenant, restriction, and undertaking of this Agreement, will be for a term of 50 years from this date, and will continue in full force and effect thereafter so long as 50 percent of the commercial area of the Multiple Use Retail Site is used for the uses permitted under this Agreement, except that each easement granted pursuant to Article 4 will continue so long as such easement is used by any Party and will terminate on nonuse for a consecutive 12 month period, unless notice has been given by any Party to the other Parties during such period, of its intention to resume use within 18 months following the date on which nonuse commenced. ( ) Section 10.02. Except as to Article 3, this Agreement and any provision, covenant, condition, or restriction, contained within it may be terminated, extended modified, or amended as to the whole of the Multiple Use Retail Site or any portion of it, with the written consent , or consent as provided in Article 14, of the owners of 65% of the Multiple Use Retail Site, on a square feet basis, provided, that (a) so long as any Party owns at least 15% of the Multiple Use Retail Site, no such termination, extension, modification or amendment shall be effective without the prior approval, written or as provided in Article 14, of such Party and (b) no further use restriction may be imposed upon or effective against any lot or parcel constituting a portion of the Multiple Use Retail Site without the written consent of the then current owner of such lot or parcel. Section 10.03. The provisions of Article 3 may be terminated, extended modified, or amended as to the whole of the Multiple Use Retail Site or any portion of it, only with the unanimous written consent of all Parties. Section 10.04. No termination, extension, modification, or amendment will be effective until a. written instrument setting forth its terms has been executed, acknowledged, and recorded in the Office of the Recorder of Ada County. No such amendment, modification, extension, or termination will affect the rights of any mortgagee under a institutional mortgage or the trustee or beneficiary, I' R:%G5YER96,597\SCHpA=T\S0NTU$2. RBV Joint Use Agreement: - Page 9 under any institutional deed of trust constituting a lien on the Multiple Use Retail Site at the time unless the mortgagee or beneficiary and trustee consent to such, nor will any amendment, modification, extension, or termination be effective against such mortgagee, trustee, or beneficiary subsequent to its securing title to its encumbered parcel by foreclosure, unless the mortgagee, or trustee and beneficiary have consented in writing. No lessee, licensee, or other person having a possessory interest, other than a Party, will be required to join in the execution of or consent to any act of the Parties taken subject to this Section. Article 11 Not a Public Dedication Nothing contained in this Agreement will be deemed to be a gift or dedication of any portion of the Multiple Use Retail Site to the general public or for the general public or for any public Purpose whatsoever, it being the intention of the Parties this Agreement will be strictly limited to and for the purpose expressed herein. Article 12 Severability If any clause, sentence or other portion of the terms, conditions, covenants, and restrictions of this Agreement become illegal, null, or void for any reason or be held by any court of competent (. jurisdiction to be so, the remaining portions will remain in full force and effect. Article 13 Notice All notices, statements, demands, approvals, or other communications to be given under or Pursuant to this Agreement will be in writing addressed to the Parties at their respective addresses as provided below, and will be delivered in person at or by certified or registered mail, postage prepaid, or by telegraph or, cable, charges prepaid. If mailed or telegraphed, the notice will be deemed to have been given 24 hours after the date of mailing, or date of, delivery to the telegraph or cable company. The addresses of the Parties to which such notices are to be sent are as follows: See attached Exhibit D r R:\G6Y&R96.597\SCRRANDT\JO=S&.R&V Joint Use Agreement - Page 10 Article 14 Approvals Whenever approval is required, unless otherwise provided here, it will not be unreasonably withheld. Except when unanimous approval is required or unless provision is made for a specific period of time it will be deemed to be 30 days, and if any Party neither approves nor disapproves within that period, the Party will be deemed to have given its approval. If a Party disapproves, the reason must be stated. When unanimous approval is required, automatic approval shall not be deemed by the silence of any Party. Article 15 Condemnation Any award, whether the same be obtained by agreement prior to, or during the time of any court action or by judgment, verdict or order resulting from or entered after any such court action, resulting from a taking or damaging by condemnation of the Multiple Use Retail Site or any portion, or portions of such, or any rights or interests in the Multiple Use Retail Site or any portion, or Portions of such, or resulting in part by military or other public authority for any purpose arising out of a temporary emergency or other temporary circumstances, will be distributed among the Parties, or any other person having an interest in the award; in -accordance with the terms and conditions of - such agreement, judgment, verdict, or order; provided however, that the Parties or any other person having any interest in the award, or any of them, will, have the right to appeal any judgment, verdict, or order with respect to their or its respective interests. Article 16 Liens Wherever under the terms of, this Agreement any Party i.s permitted to perform any work upon the parcel of another Party, it is expressly understood and agreed that such Party will not permit any mechanics', materialmen's, or other similar liens to stand against the parcel on which such labor or material has been furnished in connection with any work performed by any such Party. The Party may bond and contest the validity of any lien, but on final determination of the validity and the amount of such, the Party will immediately pay any judgement rendered, with all proper costs and charges, and will have the lien released at such Party's expense. Article 17 Mutuality, Reciprocity Runs with Land Section 17.01. Each and all easements and rights granted or created here are appurtenances to the applicable portions of the Multiple Use Retail Site and none of the easements and rights may be R:\G&Y&R96.597\SCHRANDT\JONTUSB.RSv Joint~ Use Agreement; - page 11 transferred, assigned, or encumbered except as an appurtenance to such portions. For the purposes Of the easements and rights, the property benefited will constitute the dominant estate, and the particular are in the Multiple Use Retail Site which respectively is burdened by such easements and rights will constitute the servient estate. Section 17.02. Each and all covenants, restrictions, conditions, and provisions contained in this Agreement (whether affirmative or negative in nature)are made for the direct, mutual, and reciprocal benefit of each parcel of land in the Multiple Use Retail Site; will create mutual equitable servitude upon each parcel of land in the Multiple Use Retail Site in favor of every other parcel; will constitute covenants running with the land; will bind every person having any fee, leasehold, or other interest in any portion of the Multiple Use Retail Site at any time or from time to time to the extend that such portion is affected or bound by the covenant, restriction, condition or provision in question, or that the covenant, restriction condition, or provision is to be performed on such portion; and will inure to the benefit of the Parties and their respective successors and assigns as to their respective parcels of land in the Multiple Use Retail Site. Section 17.03. The Parties, covenant that in each instance in which any of them ever conveys all or any Part Of their interest as Parties to all or any portion of the Multiple Use Retail Site to a grantee or lessee who will become thereby a new Party, the grantor in such instance will require the Prospective new Party to agree not to use, occupy, or allow any lessee of such to use or occupy the premises in any manner which would constitute a violation or breach of the affirmative or negative covenants in this Agreement and require the new Party to assume and agree to perform each and all of the obligations of the conveying Party under this Agreement with respect to the portion of the Multiple Use Retail Site conveyed in fee to such new Party, in each case by a written instrument executed and acknowledged. On such assumption by a new Party the conveying Party will thereafter be released from any further obligation under this document arising thereafter with respect to the part of the Multiple Use Retail Site so conveyed to the new Party in compliance with this document. Each Party agrees to execute and deliver any necessary or appropriate further documents or, assurances to evidence the release for the purpose of recording or otherwise, which documents or assurances will be duly executed by the Parties or any grantee or lessee of either, as the case may be, to any such grantor or lessor_ Article 18 Merchants' Association Section 18.01. The Parties may organize and sponsor a merchants association, for membership and the mutual benefit of the Parties and all merchants and businesses in the Multiple Use Retail Site. Provided such, association is organized, the Parties are encouraged to actively participate in the operation of the merchants' association. R;\G$Y@R96, 597\SCHRANpT\JONT[7&$.RM'V Joint Use Agreement - Page 12 Covenants of the Developer 19.01. Schrandt Family Limited Partnership, LLP, covenants and agrees, subject to the provisions of the agreement that it will use its best efforts to: (1) Have the commercial area occupied in its entirety; (2) Have at all times a proper mix and balance of occupants; and, (3) Maintain the quality of management and operation not less than that generally adhered to in other similar Multiple Use Retail Sites in Idaho. 19.02. Schrandt Family Limited Partnership, LLP further covenants that the adjoining property (Adjoining Property) directly east of the Multiple Use Retail Site is presently owned by Schrandt Family Limited Partnership, LLP, and grants, subject to the provisions of the Agreement, nonexclusive easements as shown on the attached Exhibit E for the purpose of furnishing access and the right of access between the Adjoining Property and the Multiple Use Retail Site for customers, invitees, licensees, tenants, concessionaires of the Parties and the Partiesand agrees to execute and record any documents necessary to effectuate said easements. - Said access shall be available -24 hours a day. In the event that Schrandt. Family Limited Partnership, LLP ever conveys all or any part of its interest to all or any portion of the Adjoining Property, Schrandt Family Limited Partnership, LLP will convey said interest subject -to the above described easements for ingress and egress. In witness whereof the Parties have executed this Agreement on the date first above written. SCHRANDT FAMILY LIMITED PARTNERSHIP, LLP By: STATE 044 ) ss. COUNTY OF On this day of said State, personally apTO 'rec known to me to be the e, R:\GRY9R96.597\SCHFJ=T\J0MSB. Fill .t Joint Use Agreement -- Page 13 1997 before me, a Notary Public in and for that executed this instrument and the person who executed this instrument on behalf of said,dk �v7 , and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above—written PATTY I. :CHUPPNOTAR YBLICSTATE OAHO My Commission E*iros 5."& MERIDIAN TRUST Notary lQblic Residing at My Commission expires Dated: ly STATE OF I�A�►15 ) ss. COUNTY OF A o ) On this V6 day of dck 6" , 1997, before me, a Notary Public in and for said State, personally appeared Ralph E. Taylor, known to me to be the Trustee of the MERIDIAN TRUST that executed this instrument•and the person who executed this instrument on behalf of said MERIDIAN TRUST, and acknowledged to me that such corporation executed the sande. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written M TMY auauc — ww a Kw w. WENDY D. PAYTON My Appl. R;\CEYRR96.597\SCHRANDT\JOMS6,FIN Joint Use Agreement - Page 14 Public fo Notary Residing at My Commission expires �• FROM :.MTC, Inc. Engineers&Sur;eyors PHONE NO. 2083438967 Oct. 08 1997 01.: 21PM P2 MTC ENGINE -ERS - SURVEYC) 5 McCARTER • TULLER • CHRONIC, INCORPORATED 707 N_ 27TH ST, BOIS8. IDAHO 83702 (208) 345.0'780 FAX (208) 343.8467 Legal Description Meridian Hollywood Video A portion of Lots'15, 16 and 17 of Pleasant Valley Subdivision as filed in the office of the Ada County Recorder in Book 12, Page 665, located in the Northwest Y4 of the Northwest 1/4 of Section 8, T.3N., R.1E., B.M., Ada. County, Idaho, and more particularly described as follows. Commencing at a brass cap marking the Northwest corner of Section 8; T.3N., RJE., 13-N4., Ada County, Idaho; thence S 00°26'54" W along the westerly boundary of said Section 8, 256.15 feet to a point; thence..leaving said westerly boundary of said Section 8, S $958'56" E, 45.00 feet to an iron pin on the easterly right -of --way of North Locust Grove Road as per Instrument No. 97031850, and also being the REAL POINT.OI! BEGINNING. thence N 0026'54" E along said easterly right-of-way, 198.90 feet on a line 45.00 feet easterly and parallel with the westerly line of said Section 8 to an Iron pin, thence leaving said easterly right-of-way N 4513'58" E, 28.18 feet to an iron pin on the southerly right-of-way of U.S, Highway 30 (Fairview Avenue); thence along said southerly right-of-way S 89058'54" E, 33.79 feet to an iron pin; thence continuing along said southerly right-of-way S 89°32'43" E, 176.39 .feet on a line 58.00 feet southerly and parallel with the centerline of U.S. Highway 30 (Fairview Avenue), as per Instrument No. 97031850 to an iron pin; thence leaving said southbrly right-of-way S 00°26'59" W, 217.40.feet toan iron pin; thence N 89°58'56" W, 230.03 feet to the REAL POINT OF BEGINNING. Said parcel contains a calculated area of 1.15 acres, more or 1 Slaving and accepting all easements in use or of record_ �r Job No. 97-459 ' ► a ]v'l . i October B, 1997 Jam.. = AAW?$1\97-459P1Jeg FROM : MTC- Inc. Engineer -,r eyors PH2W NO. : 2283438967 . Sep. 19 1997 a'a: i9PF+1 P3 MTC �....l,", - .74 �RTER • ' TULLER • C 707 N. 27TH Sr. BOISE. IDAHO 83702 YC )PS SONIC, INCORPOPATM ?8) 345-0780 FAX (208-1 11-1.3MA-7 LcZ1 Description Proposed Parcel Na 2 Schrandt Investment Company A portion of Lots 14 and 15 of Pie,-Mant Valley Sutwivisirm ns filed in the office of the Ada County Recorder in Book 12, Page 665, lomited in the Northwest !4. of the Nerthw"t f of Section 8, T3N., a.IE., $.?bf., Ada County, Idaho, and more n:trticulaNy described as follows; Commencing at a brass cap marking the Northwest corner of Section 8, T.3N., R.1E., BM., Ada County, Idaho; thence S 00°x654" W along the westerly boundary of said section $ 25615 feet to a point; thence leaving said westerly boundary of said Section 8, 5 89"58,56" L, 275.03 feet to an iron pin, said pin being the REAL POINT OF BEGINNING, thence N 00°26'591.' E, 217.44 feet to art iron pin on the southerly right-of-way of US. 'Highway 30 (Fairview Avertue); thence S 89°32'43" E on a litre .58.0p feet southerly and papilel with tete centerline of U.S. Highway 30 (Fairview Avenue) as per Instrument No. 9703IS50, 155.33 feet to an iron pin; mid pin marking a point on said right-ut=-way that is common to Lots 13 and 14 of said Pleasant Valley Subdivision; thence 5 0b'26'59" W along the easterly line of said Lot 14, 216.22 fee: to an iron pin; thence leaving said easterly line N 89°58'56", BEGINNING. I55.33 feet to the REAL POINT OF Said parcel contains a calculated area of 0.77 acres, more or less. Saving and accepting all easements of record or in use. lob No. 97.444 June 25, 1*." A-AWP5 LW7.444 V2. feg 11 Pt 'S;� �•qFt l}af�t3 . r�' r p, FROM : MTC, Inc- En9ir)= Jurvewrs PFICNE NO. : 42M3438957 MTC MCCARTER • 707 N. 27tH S7 Sep. 10 199—l' W: 2ePM P4 e,v,,rn�CtfdS - 5►lfdl/►'-t'1C,�'g . FULLER CHRQNlG, WCflRPaRATE BOSE. cr4go 83702 (208) 345-0780 FAX (2081.4a•8967 Legal Description ProPosed Parcel No. 3 Schrandt Investment Company A portion of Lots 14 and 15 of Pleasant utlley Subdivision as filed in the Office of the Ada County Recorder in Back 12, Page 665, located in the Northwest of the Northwest % of Section 8,-T.3N., R.1E., B.M., Ada Caunty, Idaho, and more particularly described as folinws: Commencing at a brass cap marking the Northwest corner of Section 8, T3 N4 R. IF—, B.M. Ada County, Idaho; thence S 00.26'54° W along the westerly baundaiy of said Section g, 256.15 feet to a point; thence leaving said westerly boundary of said Section 8t S 89*5S,56" E, 237.68 feet to an iron pin, said pin being the REAL POINT OF BEGINNING. thence continuing S 89°58'56" Z 192.68 feet to an iron pin; said pint being on the line common to Lots 13 and 14 of said Pleasant_ Valley Subdivision; thence S 00'26'59" W along the lilae common to said Lots 13 and Id, 168.85 feet to an iron pin on the northerly right -of way of Wilson Lane marking the corner common to said lots I3 and 1.4; thence N 89°58'56" W on a line 30.00 feet northerly and parall'cl to the centerline of Wilson Fane, 19268 feet to an iron; thence leaving said northerly Tight -0& -ay N Q4°26'57" E, 168.85 feet to the REAL POINT OF BIC -GINNING. Said parcel contains a calculated area of 0.75 acres, more or less. Saving and accepting all easements 'of record cr in use. lob Na 91.41 lune Z3. I! .� A:1W1'S1V��•1MP3.►ej ,'i ,f�,i''., _i`° ,4 FROM 1"TC. Inc. Engir Surveyors PHD�E N], : 2E9343S967 NTC ENC-iNFFRS - St 1R'Awyn Stp. 'El 1997 03.2? PM PS 7117 N 2727TH • T. tJLLER CHRONIC. INCQRppRATEL7 7G7 S806E. DAH0 83702 f208)345-0780 FA1208)34,3-89,67 Legal Description Prngnsed Parcel No. 4 Schtandt Tnvestment CoMpany A portion of Lots 15, 16, -and 17 of Pleasant Valley Subdivision as fled In the Office of the Ada County Recorder in Book I2, Page665, located in the NorthwTest K of the Northwest V4 Of Section Co", Idaho, and snore particularly described as follows: R.IE., B.M.' Ada Commencing at a brass cap marking tete Northwest corner of Section TSN, R.11~., B.M. Ada County, Idaho; thence S 0()°2654" W c1l 256.15 feet ton point;'thence leaving said westerly lye boundary boundary i Section 8.5 Section 8, 237.68 feet to an iron pin, said pin being the REAL POINT OF BEGINNING. �58'S6" thenen S t}0°26'57" K; Wilson Lane, 168.85 feet to an iron pint on the northerly right -of --way of theztee N $9°58'56" W on,a line 30.00 feet northerly and parallel to the centerline of Wilson Lane, 17253 feet to an iron pin; thence leaving said northerly right -of -sway N 44*,Woo" W, 28.39 feet to an iron pits ott the easterly right-uf-way of North Locust Grove Road; thence N 00026'54" E on a line 45410 feet easter)y and parallel to the centerline of North Lxxust Grove Road as per Instrument No. pin; 97031854, 148.70 feet to an iron thence leaving said easterly right-of-way S 89"58,56' E, 192.68 feet to the REAL OF BEGINNING. Suid parcel contains a calculated area of 0.74 acres, more or Ie Savin and a $ cceptin9 all easements of record or in use. Joh NO. 97-444 ` " •� "iii . ]une 23. 1"7 cc to L4 L li rn i Edi O D. rb . ........ .... rj m '2 " ZA Q 9-M 'o 10 T � 1 C Utilities will be located within the approximately 30 ft. wide access areas as described in Exhibit "A" and at such other points as may be agreed upon by the parties to this agreement, their heirs, successors, or assigns. Exhibit "C" No Rules and Regulations are presently in effect. MTC McCARTER ENGINEERS - S111?VEYGPS 707 N. 27TH ST. T80 LLER CHRONIC, SE. IDAHO 83702 [208) 345-0780 LegalSchrundt Property e int cal Ease ment INCORPQR,gTED FAX (208) 343-8967 Commencing at a brass cap marking the Northwest Corner of S Ada County, Idaho; thence S 00026'54" W � ection 8, T.3N, 256.15 feet to a point, thence leaving said westerly the boundary ' R -1E'' B•M_ westerly ry of said Section 8, E, 45.00 feet to an iron pin on the easterly right-of-wayof N boundary -of said Section'8, S 89°58'56" recorded in Instrument No, 97031850, said pin being the westerly in and 4 as established by Record of SurveyNo Orth Locust Grove Road as in the records of the Ada County Recorder, 3965 as recorded in Instrument 9P706e1s I r, and the REAL PAINT OF BEGINNING. thence S 00026'54" W along the West boundary of said Parcel 4 15. thence S 89058'56" E, 192,68 feet to a point on the 00 feet to,a point; and 3; e boundary line between Parcels 4 thence continuing S 8905$'56" • Parcel 3, said line also being Etre bou nda to a point on the East boundary line of Pleasant Valley Subdivision as Fled in the office line the Ada County Lots 14 and 13 of 12, Page 665; my Recorder in gook thence N 00026'59" E along said line, 15.00 feet to East corner common to Parcels 2 and 3; an iron pin, said pin marking the thence continuing N 000261S9" E, 15.00 feet to a point; thence N 89°58'56" W along a line parallel to the boundary line 2 and 3, 140.33 feet to a zY common to Parcels Point, said point being 15.00 fe common to Parcels 2 and 1; et easterly of the line thence N 00026'59" E along a line parallel to said' a point on the southerly right -of -wily Of the above mentioned tiU. S n parcele' 2 Highe, wawa feet to y 30; thence N 89°32'43" W along said right-of-wa marking the northerly corner common to Parcels 20D flet to 'an iron pin, said pin Job No. 97.444 Augusl 12, 1997 Pagc - 1 of 2 A=1 W I'S 1lSch Rc:c!~a.lcg thence continuing N $9*32'43" by 15.00 feet to a point; thence S 00026'59" W along a line parallel to boundary line common to Parcels 1 and 2, 202.52 feet to a point, said point being •15.00 feet northerly of the bounda line common to Parcels 1 and 4; ry thence N 89058'56" W along a line parallel to said common Parcel line, 215.03 feet to a point on the boundary line'common to Parcel 1 and' the right-of-way line for Locust Grove Road; thence S 00026754" W along said line, 15.00 feet to an iron- pin marking the RFA L POINT OF BEGINNING; Job No. 97.444 I, August 12, 1997 Pagc • 2 of 2 _ A:\Wp5MSChRccEa.jcg ' I CO, - N 00wa�C�iS',J7 La I N I a n � I 00 $2 o I i� � -,_mil• 0lcdfflN n z �' jJ LO'9L L Jt,3 ,.�O,LO.00 N� '4Z -- _ I ITI TR—q 'f 3 6Rz o -G_�a£ I�I�IIII ZZ9LZ IIIIIIII • Sl 5L S9'89L C -A r l cD V) W In w ►r, 4 v i j3 . � o °' l io I I rLr) CO CO r_ bR'Si o tD. I cn W N uO 3 „65,92.00 N �, l Ol u� w I co ^ I� dam' I 6Z"ZO2 z I a to U_ n1 - 0b•L LZ in ,.65,9Z.Oo N I In Q0 1 S 7 OQ (D j' Z5 ZQT I tr OI LL- S8'991 -- d- o, „6S,9Z.00 N �l --- 3 „/-5,9Z.00 N ~ I N -- v, r` l Cl r� co i CDCID_0 rQ In / �n n W cn IInco In N l I Li - p Orni Nl co IN (!1 rn In X) I v7 CC In n N� ¢ -� 3 .6S,92.00 CL l I 1 z � _ �r•1 I I Q 0�' ,01 7 co l =st \r l c r, `n I . 0 6 BFiL -t �L QL 9bl V ��o _L._r J ^ - -- _ 0;. 9 6�z.00 N 9N�� r m c L z M.97..nn c<.l `d �f� j 93 3 y:W-N Tr t •y :,'' . Q11 bb'. 4 P (n�'� �'�•k t���-'�_-_.,_ 6ecur¢y�Foaturee��l�neluded.������1={!� •Detell(on'he(;y,•��� 0 1/11 CITY OF C�Ucrldxcrn 33 E. Idaho Ave. Meridian, ID 83642 Date" re -A leCI Applicantj/� �C/ �T Address Ma -17,17 J-/ . ' �. Zo ? ��42-0 )J -e Id f3 -70L- I Phone CASH CHECK #p NAME ON CHECK IF DIFFERENT THAN APPLICANT wDESCRIPTION I I I I 1 I I I I I I I I I I I I I I I I I I 'r I I I I I I I I I PAYMENT DOES NOT INDICATE ACCEPTANCE OF APPLICATION fAX I ��]] 7 5 7 J Received By TOTAL Z 66748 I .. .ry�vq uo e�lelep m PaP�la�l sa�nleej NVn�as-..�.......-_.�•: '6` °;.0..tiM;n..,,. ., 0 O ,a . Q a0 o x x x S. co Ln Er J C� a O Er m m Ln rl an ru m .a m ti -a L13 o- co D D CITY OF Ciferldlan 11 33 E. Idaho Ave. `\� Meridian, ID 83642 '6` °;.0..tiM;n..,,. ., 0 O ,a . a0 S. co Ln Er J C� a O Er m m Ln rl an ru m .a m ti -a L13 o- co D D CITY OF Ciferldlan 11 33 E. Idaho Ave. `\� Meridian, ID 83642 File Record for Eddie Bakery.. Contractor talked to Jenny about getting second access to Eddie Bakery off of Wilson Ln. Jenny informed him that he would need to do a certificate of zoning compliance but she was not sure that staff would be able to support a second access that close to an arterial (Locust Grove). 2/10/2009: Steed Construction tries to submit CZC for Eddie Bakery site. Unaware of the previous conversations, one set of plans are taken in to review and go over with planning director before we accept the full application. 2/11/2009: Kristy calls applicant and sets up meeting for Friday February 13"' at 8:00 a.m. 2/13/2009: Had meeting with Ben from Steed Construction. Expressed our concerns with the site. A previous CZC approved an alternative compliance for reduced streetscape buffer. This project would be removing that alternative compliance, so Applicant would need to submit a new alternative compliance. All current landscaping on Wilson lane is in the ROW so technically there is no landscaping on site. Kristy and I with the confirmation of Anna decided that a certificate of zoning compliance was unnecessary since the building footprint was not being enlarged. Anna also determined that due to the nature of design review, only site modifications/access changes that resulted in a CZC and change of use triggered design review. Therefore, so long as applicant submitted an appropriate alternative compliance we may be able to approve the access. Ben was told that we would likely support the alternative compliance if they landscaped back to the building on the sections of access that would no longer be utilized. It appeared that an appropriate solution had been reached At 2:30 P.M. I received a phone call from Dan who works for Steed Construction. He didn't feel like the alternative compliance proposed would work for the owner of the building. I explained to him the purpose of the alternative compliance. He said that if they did that alternative that there would be no way the applicant could get 18 wheel trucks into the building without blocking Wilson Ln. I explained to Dan that we would be required to have an alternative compliance and that we felt this was very rational and probably the only route we could support. He would be more than welcome to appeal our decision to council if he disagreed with it. He asked if it would be okay if they did block off Wilson In. while the trucks loaded and unloaded materials. I told him I didn't think we could support that but I would talk to my planning director. 2/17/2009 Called Dan back and left a message explaining that we could not support the trucks tgblocking Wilson Ln. I also explained that we are a little concerned with the use the owner is in to put in. The building is approved for retail with minor warehousing. Large trucks typically are in the wholesale/warehousing business and that would not be an approved use in the zoning district. I told him I needed to have more information. If the use isn't permitted then this access is a moot point. 12:19 P.M. Talked to Dan at Steed construction. He informed me that the owner is probably unwilling to use the alternative compliance we proposed during our Friday meeting. He asked me what his options were. I told him that he is more than welcomed to propose a different alternative compliance but that staff would probably not support it. If we denied his alternative compliance, he could appeal that decision to City Council. I gave him all the fee information and explained to him the purpose of the alternative compliance. I asked him about the use of the site because of our concerns about the 18 wheel trucks/warehousing use. He told me that the tenant wanting to go in the building is not a warehouse use and will probably not need those trucks but that the owner of the building wants to be able to market the site to tenants who may need those services. I told him to be careful because industry/warehousing uses are not allowed in that zone. He told me he would talk to his client and get back to me or submit the alternative compliance. From: n "Y V I'd" sent: Wednesday, May 16, 2007 3:45 P Todd Lavoie; Will Berg; Karie Glenn; Mindi Smith; Brent Bjornson To: s subject: Shops on the Grove (aka Eddy'Bakery) omplete. Please release the Panning Department's The landscaping for the subject project is c portion of the surety. Thanks, Kristy CITY OF ' C�ri�icn `1 33 E. Idaho Ave. \T Meridian, ID 83642 i i i i i i i i i i i i i PAYMENT DOES NOT INDICATE ACCEPTANCE OF APPLICATION TAX ,10428 Flew d TOTAL 7 I;S urm M & W Fence Company LLC Estimate 25374 W. Deep Canyon Dr. Date Estimate # Star, ID 83669 Z 9007 95 Name /Address Chris Palmer P&P investments 1500 N Locust Grove Meridian, ID 83642 PJOdlel w!P L•d 96LUV6£0Z eLZ:LL LO £0 d Hill Country, Inc. P.O. 2208 Eagle, ID 83616 Name / Address P & P Investments P.O. Box 2146 Eagle, ID 83616 Qty Description 150 Linear feet of asphalt cutting 15 Linear feet of concrete cutting Removal of Concrete and Asphalt Installation of 52 Linear feet of extruded curb Concrete ramp poured for Handicap Access Work to be performed at 1500 N Locust grove Terms of net 10 upon completion IHill Country Inc RCE 6283 Fax 208.575.9073 Office 208.331.1774 Estimate Date Estimate # 4/10!2007 1 Project Total $2,050.0 Web Site Fax # E-mail L Phone # hillcounryinc.com 208.575.9073 hillcountry@hillcountryinc.com 208.331.1774 `� � oI� Total Rate 250.00 250.00 150.00 150.00 200.00 - 200.00 950.00 950.00 500.00 500.00 Total $2,050.0 Web Site Fax # E-mail L Phone # hillcounryinc.com 208.575.9073 hillcountry@hillcountryinc.com 208.331.1774 `� � oI� C STRAIGHT EDGE, INC 951 W. Pine Street Meridian, ID 83642 208 - 288. 1936 Rill Tn: P & P Investments P,O. Box 21446 Eagle, ID 83616 50: Estimate Number: E171 Date: April 09, 2007 Date Description Price Amount Landscaping for Eddies 7 - 2 gal Blue Spirea 174.86 174.86 4 5 gal Ivory Halo Dogwoods 119.92 119.92 17 • 1 gallon Daylilies 186.66 186.66 3. 5 gal mugo pines 89.94 89.94 3 • Radiant Crabs 450-00 450.00 500.00 500.00 Irrigation parts 5 yards dirt 160.00 160.00 2 yards compost 70.00 70.00 Installation Cost 650.00 650.00 Total $2,401.38 h:rProva I U-'�N CHD �iorwrwv%I`ui�o �cr May 30, 2006 y� To: Chris Palmer�7" P.O. Box 2146 Eagle, ID 83616 Subject: MCZC-06-042 Bakery Addition 1500 N. Locust Grove John S. Franden, President Carol A. McKee, 1st Vice President Dave Bivens, 2nd Vice President Sherry R. Huber, Commissioner Rebecca W. Arnold, Commissioner In response to your request for comment, the Ada County Highway District (ACHD) staff has reviewed the submitted application and site plan for the item referenced above. It has been determined that the Right -of -Way and Development Services Department does not have any site specific requirements for you at this time due to the fact that all desired road improvements are currently existing. If the site plan or use should change in the future, ACHD will review the site plan and may require improvements to the transportation system at that time. Prior to final approval you will need to submit plans to the ACHD Development Review Department. A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding impact fees. Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc), a permit or license agreement must be obtained from ACHD. If you have any questions, please feel free to contact me at (208) 387-6170. Sincerel/un,? Joe Right -of -Way and Development Services CC: Project file, Construction Services, Meridian, Erstad Architects 420 Main Boise, ID 83702 Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us E CITY OF q `� FYI r law it IDAHO CERTIFICATE OF ZONING COMPLIANCE* Date: May 18 2006 Project Name/Number: Palmer Investment / Eddie's Bakery Addition— CZC-06-042 and approved alternative compliance Owner: Site Address: 1500 N. Locust Grove Road Proposed Use: 3204 s.f. addition Comments: l current City of Meridian ordinances and the issuance is this Conditions of Approval: Project is subject to al permit does not release the applicant from any previous requirements of the other permits issued for this site Site Plan: The Site Plan prepared by Erstad Architects, PA on April 26, 2006, labeled al.l l is approved (stamped "Approved" on May 18, 2006 by the Meridian Planning Department) with no changes. The approved site plan is not to be altered without prior written approval of the Planning Department. Landscaping: The Landscape Plan prepared by Erstad Architects, PA on April, 26, 2006, labeled L1.0, is approved (stamped "Approved" on May 18, 2006 by the Meridian Planning Department) with the following changes: 1) Fencing along the southern boundary shall be 6 foot solid vinyl per approved alternative compliance. 2) Any new shade trees shall be a minimum of 2" in caliper and any new woody shrubs shall be a 2 gallon pot minimum. See redline changes on stamped plan. No field changes to landscape plan permitted; prior written approval of all material changes is required. NOTE: Per UDC 11-313-8-C2d, each interior planter that serves a single row of parking spaces shall be landscaped with at least one tree and shall be covered with low shrubs, lawn, or other vegetative groundcover. AItemative Compliance: The applicant, Chris Palmer has requested alternative compliance from UDC standard 11-213-3, which requires a 25 -foot landscape buffer along arterial Streets (Locust Grove) and a 10 -foot landscape buffer along local streets (Wilson Lane). The required buffers would decrease the required and existing drive -aisles and would create an unavoidable hardship to the site. In lieu of the required buffer width, the applicant has proposed a 6 -foot tall solid vinyl fence along the southern boundary. The fence would screen a portion of the back of the building along Wilson Lane. In the future, Wilson Lane may have more traffic as the area develops. Therefore, the Director has approved the applicant's alternative compliance request per UDC 11-513-5132a. Elevations: The Elevations prepared by Erstad Architects, PA on March 22, 2006, are approved with no changes from the Planning Department. Irrigation: An underground, pressurized irrigation system must be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15. Protection of Existing Trees: Any existing trees on site must be protected or mitigated for in accordance with the Tree Preservation section of the City's Landscape Ordinance. Per UDC 11-313-10, coordinate with the Parks Department Arborist (Elroy Huff, 888-3579) for approval of protectionlrelocation measures for the existing trees prior to construction. Any severely damaged tree must be replaced in compliance with UDC 11- 3B -10-C.5. Parking: The proposed parking areas shall be paved and striped in accordance with UDC 11-313. Project engineer/architect shall certify that the number and size of handicap -accessible spaces conforms to the Americans with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance per ADA and signed accessible. Curbing: Per UDC 11-313-5I, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing maybe cut to allow for storm water runoff. Sidewalks: All sidewalks shall be constructed in accordance with 11-3A-17. Sidewalks shall be constructed prior to occupancy. Drainage: Storm water drainage swales shall not have a slope steeper than 3:1, shall be fully vegetated, and shall be designed in compliance with UDC 11-313-11 and UDC 11-3A-18. Fencin : Any required or proposed fencing shall be installed with current fencing standards as defined in UDC 11-3A-7. Lighting: Lighting shall not cause glare or impact the traveling public or neighboring development and comply with lighting standards as defined in UDC 11-3A-11. Signage: No signs are approved with this CZC. All business signs will require a separate sign permit in compliance with UDC 11-3D. Trash Enclosure: All dumpster(s) must be screened in accordance with UDC -11-3A-12. Trash enclosures must be built in the location and to the size approved by SSC. Handicap -Accessibility: The structure, site improvements and parking areas must be in compliance with all federal handicap -accessibility requirements. ACHD Acceptance: All impact fees, if any, m shall od paid prior to the issuance of a building permit. If any omodate the ACHD requirements, a new site plan shall be changes must be made to the site plan to ace submitted to the City of Meridian Planning staff for approval prior to the issuance of a building permit. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. A Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a Letter of Credit or cash in the amount of 110% of the cost of the remaining improvements. A bid must accompany any request for Temporary Occupancy. Plan Modifications: Except for any changes mentioned above, the approved Site Plan, Landscape Plan stamped "Approved" on May 18, 2006, and Elevations, and are not to be altered without prior written approval of the Planning Department. No significant field changes to the site or landscape plans are permitted; prior written approval of all changes is required. leisty �/Vigil Assistant City Planner *This letter does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date of issuance if work has not begun. ----------(--------- N. LOCUST GROVE RD. � �«---- ! M�l {� , IM + q ! am-kedm�.e - ./ ° _ __ L s | \! ,\E !/% ----------(--------- N. LOCUST GROVE RD. � �«---- ! M�l {� , IM + q ! am-kedm�.e - ./ ° _ __ L s ( -----------L\ V GROW RD � I 1| */\ | P z io G&T ! ; s I \ 7! � !! . .! ( -----------L\ V GROW RD � I 1| */\ | P z io G&T !! � D 3 D Z G 7 (D N D �l I � m Q n D C; 2 IS'I F- V / O z z� ;r 0 OCG' m r m C erstad ARCHITECTS 420 main street, suite 202 b0i5e, idaho 83702 • phone 208.331.9031 • fax 208.331.9035 • email:mail(�Perstadarchitects.com March 22, 2006 Narrative describing proposed use of property: The site at hand is located on the corner of Wilson In and N Locust Grove, parcel number R7104253321. According to the unified development code, this property is established as a general retail and service commercial district (C -G). Defined as a retail store use, Eddys Bakery is the current tenant in the existing building. We propose to add an addition to the east of the existing building. The new space will span to the east property line and create a space of 3200sf. The space is designed to house 3 tenants at roughly 1,030 sf. each. At this point we are constructing only the shell of the building with the tenant improvements to be completed in the future. Each tenant will be approved by the owner and will apply with all regulations and rules of the unified development code. Thank you for your time. Sincerely, Taryn Wheeler a AV 9 erstad ARCHITECTS 420 main street, suite 202 boise, idaho 83702 • phone 208.331.9031 • tax 208.331.9035 • email: mail@erstodarchitects.com May 16, 2006 Ms. Kristy Vigil City of Meridian 660 E Watertower Ln. Ste 150 Meridian, Idaho 83642-2300 Re: Locust Grove Addition- Alternative compliance- updated 1500 n. locust grove Eddy's Bakery Addition Dear Kristy, review our alternative compliance plan and Thank you for taking the time to n. locust an request. The project under review is located addition Os more than %eof the lexi ting addition to the existing eddy's bakery. structure and therefore requiring us to upgrade the existing site to Meridian's current ordinance. After working closely with the City of Meridian, we are requesting site plan approval through alternative compliance on the following items: the 25'-0" landscape buffer along Locust Grove, and the 10'-0" landscape buffer along Wilson Ln. mented including; Several of the required changes to the site have been 1 bike space for every 25 parking the landscape island every 12 parking spaces, on the spaces (our site must provide 2 spaces) and the 5'-0" lanldsca paring p be . font of eastern edge of the parking lot. We have convertWdh the distribution of planters it the building into a new island in order to comply the parking lot. By exceeding the 5'-0" minimum we existing are acinparkig the spaces on site vegetation and planting. We are also converting () the eastern boundary into landscape planters that will include trees as well in order to further enhance the landscaping on site. Both of these planters are above and beyond the 5' minimum requirement. Also included in this area is an ac access drive for future development cross access n the end We are also adding we have olur ed 3 existing parking spaces with landscaping planters. bicycle parking spaces, doubling our requirement. However, there are a few requirements where full compliance is proving impossible and/or impractical. The main challenges arise from the fact that the Under that permit, the site was developed under the original building permit. phase, addition we are now submitting on was anticipated as a second p Because of the be addition On LocustsGrove, thehs buffer requirement is 25'. We larger than can p ask that you grant alternative compliance on the 25' landscape c buffer requirement as we are within 21'-0" and are offering other landscape enhancements with in the site. with As for Wilson Lane, a 10' landscape buffer is requiredWe cannot comply this without eliminating the delivery lane which is critical . for the business. The uired. In tion, we would e to site currently °nyl fence with vinyl slats to screen 'the tarea from the road kand offer a 6 to help blend in and create the buffer we are neighbors. A color will be chosen all after. ulations. We respectfully ask Given our situation we believe that the above alternatives provide an equal means of meeting the intent and purpose of a reg that you consider our request on these items, and look forward to your response. Sincerely, erstad ARCHITECTS Andrew C. Erstad AIA Ace/tw Enclosures Summary analysis of alternative compliance proposallrequest 1500 n. Locust grove Eddy's Bakery addition Locust grove: 25'-0" landscape buffer Wilson Lane: 10'-0" landscape buffer East edge of parking lot: 5' buffer 21'-0" landscape buffer currently existing. 7'-4" landscape buffer currently existing. Propose to add a 6' tall vinyl fence to help buffer view onto site from adjacent properties. Existing 7'-4" landscape buffer to remain. No landscape buffer currently existing. Propose to add (2) Y-0" wide landscape planters with trees (existing parking spaces) as well as an access drive for future development cross access, ces We have implemented the island by Landscape island every 12 spa converting an existing parking space into the landscaped island. It is g'-0" wide and exceeds the 5'-0" minimum. nimum 1 bike rack/ 25 vehicles = (2) spaces added two more spacesfor e have implemented the 1 total of 4;d doubling the requirement. eddys addition: vinyl fence Page 1 of 1 i Kristy Vigil From: Taryn Wheeler [twheeler@erstadarchitects.com] Sent: Friday, May 19, 2006 11:39 AM To: Kristy Vigil Subject: eddys addition: vinyl fence Per our phone conversation I wanted to clarify that it is the owners full intent to provide solid vinyl fencing on the eastern side of the southern property line. Thank you Kristy taryn wheeler erstad ARCHITECTS 420 main st. suite 202 boise id 83702 p 208-331-9031 f 208-331-9035 This transmission may contain information [hat is privileged, confidential and/or exempt hom disclosure under applicable raw. If you are not le intended recipient, you are hereby notified That any disclosure, copying, distribu lion, or use of the information contained herein (including any reliance tlicrcon) is STRICTLY PROHIBITED. If you received lis transmission in error, please immediately contact the sender and destroy the material in its entirety, udrethcr in electronic or hard copy format- 092006 5/19/2006 I o -5- x rRL2i rn�TMXR 1 z irrESmN: T key_ notes: . Mof ASFS9 WMP . XEW ALVYIXW SLDPELPOM SisW ELM So W1LM nN�Y,XWl1E0 uRN. Po:FIXG - mWn TO WIEX LA 1PU55 'NfIYW. yS,WEtloRI .•• 11) EOA1 SIULCO S1S1L4 N n �b41% k \IXXIRE N WRN �� TA 1PV45 ' ♦ R x 5 5 IS SYYM1iM[D RoflL WMI SIkKE DDIA. - F.(XyR \p WiW E4TIIX0. AII AmNt eWEKR- oXd1 iD WiGI LSi514 I 06010) A � � ,1.•.'..'.' iooM Of LlusTna accFN\YxNs' dale: (13.22.06 tlYg 16 YWI-TAELD XWK W\X SIAfXFO WXo.- PrO�aC. Ce bWP IO w\G FASN�mWW, fY6DX43Ef CLWL dfoWn la I. MLw WWPo-CO eh¢ked: tix'NsnXo unw¢ 41d, EEX5WX0. D4MIR7 . 5¢E. 94YE AXD CgoP 10+ J X. YPL,IX,ENFD n- 4 �MICLL idNPEIfPOY PLYD'h LA9Mo E n Ar sAa x4an As ZOI1� „��XL�PE.����S nYfN"GO�PAMX.ERXXO. YcmwL sim moP .srsrtl¢. swv luz Ewc yTMu mml w/ EI+s1LV TP W"t OxYFN d.VYt 1/¢IwiG EYLS,Ixo EW LIXOR Ia L[G.mN Lm xEx [IECAICAL orlon �yQyyL \B ..Io- I � \p u,W019sEF EELML la/ea.,,. 6 LWnDx Ecn NLw us IMI1R west el BAIT: I/x- v , � -1- RDA COUNTY RECORDER J. DAJIO NAVARRO BOISE IDAHO 07108104 09.58 PM RECORDED -REQUEST 01' III If II�III�I�IIIIIIIIIIIIIIIII IIIIII AIHIRM 6.00 111 104086515 AMOUN WARBANTY DEED Order No.: AT-500042l77OAK FOR VALUE RECEIVED Locust Grove Limited, L.L.C., a Dallied liability company+ the grant,(,), do(es) hereby grant, bazga,n� sell and conveyunto P & P Investments, a California General Partnership, whose carr®[address is: 5430 Tannerwood Drive; Ran% NV 89511 these current dd eSs 18: described prem,ses, m Ada County, Idaho, TO WIT: recorded as Surrey No. 3963, recorded August 61 onion of Lote 15,16 and 17 of Pleasant V alley Parcel4 of Lot Line No, 97 627 Survey, a 665, 1997, as Instrument No. 970627 official being a p Subdivision, according t° the ty I a ho l thereof, ttiledNo Book IZ of Plats at Co Idaho, 3 North, Range 1 East, Boise Meridian, Ada County, official Records of Ada County, Idaho located in the Northwest Quarter of the Northwest Quarter of Section 8, Township and more particularly described as follows: Commencing at a brass cap marking the Northwest corner thence 8, Township 3 Idaho; North, Range 1 East, Boise Meridian, boundary of said Section 8, 256.15 feet to a South 00°26'54" West along the Westerly bou,ry of said Section 8 said in being the REAL POINT OF point; thence lepin, pavleg said WeWesterlySouth 89°58'56" East 237.68 feet to an iron ht of way of Wilson thence he South 00°26157" West 168.85 feet to an iron pin on tNortherly ng Lane; thence ht of way thence leaving said Northerly rig North 89058'56" West on a nue 30.00 feet Northerly and parallel to the center me o Wilson Lane, 172.53 feet to an iron pin; right 0f way of North North 44°46101" West 28.39 feet to an iron pin on the Easterly Locust Grove Road; thence sterly and line Of North 00°26'54" East on aline 45.E i eet Ea, North Locust Grove Road as p umentNo. 97031850,arallel t148.70 feet the rto an iron pin; thence leaving said Easterly right of way South 89°58'56" East 192.68 feet to the REAL POINT OF1BEGINNIN the Said Grantee, beers and s eheire die TO HAVB AND TO HOLD the said premises, Wig, m to app. e(s Year Taxes. wvenant W and with the rakes Except ( assigns forever. And Bre said Grantor doesthat they me free from ell e°cnminaa Of way, apparent err ofrecord. owners) in fee simple of said pt�es ations, easements+rigLts andri�ns conditions, covenants, restnctions, And that Wile will warrant and defend the same from all lawful claims w h a t s o e ve r Dated: Jul8, 2004 Locust O[ove Limited. L L. C, a limitedliability company By d e 9 M r State of Idaho } )ss. County of i ddl' Y Public in and for said state, persona C Onthis O day ofJn�lown or identified tomere Me, be the Man19mg Mem6ea iothe I.ioutad l-�abtbty CamPMY appealed William Geyer . Iotowa ns Least Grove Limited, L.I.C. who executed Eae foregoing mshe®4 and acffiowledgedto me Eaat e execntedthe same in said LLC name. official seal the day � Year in Mils IN WITNESS WEEREOP, I have hereunto set myh sol and affixed MY — ,,-"care fust above written. ^ �� �parwyy� NotarY Public for]he State ofIdaho .41D CN0'4q, Residing at: lei Or qT� Commission Expi[es: 3.30. NOT.4*1, z pUH Ll, j .s OF Order No.: 5000421770AIC LEGAL DESCRIPTION EXHIBIT `A' Parcel 4 of Lot Line Adjustment Survey, recorded as Survey No. 3963, recorded August 6, 1997, as Instrument No. 97062760, being a portion of Lots 15, 16 and 17 of Pleasant Valley Subdivision, according to the official plat thereof, filed in Boole 12 of Plats at Page(s) 665, Official Records of Ada County, Idaho, located in the Northwest Quarter of the Northwest Quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap marking the Northwest corner of Section 8, Township 3 North, Range i East, Boise Meridian, Ada County, Idaho; thence South 00026154" West along the Westerly boundary of said Section 8, 256.15 feet to a point; thence leaving said Westerly boundary of'said Section 8 South 89°58156" East 237.68 feet to an iron pin, said pin being the REAL POINT OF BEGINNING; thence South 00°26'57" West 168.85 feet to an iron pin on the Northerly right of way of Wilson Lane; thence North 89°58'.56" West on a line 30.00 feet Northerly and parallel to the centerline of Wilson Lane, 172.53 feet to an iron pin; thence leaving said Northerly right of way North 44046101" West 28.39 feet to an iron pin on the Easterly right of way of North Locust Grove Road; thence . North 00°26'54" East on a line 45.00 feet Easterly and parallel to the centerline of North Locust Grove Road as per hnstrument No. 97031850, 148.70 feet to an iron pin; thence leaving said Easterly right of way South 89°58'56" East 192.68 feet to the REAL POINT OF BEGINNING. 04/29/2004 17:01 562-941-7070 SCySADA & CABALLERO INTER VIVOS DECLARATION OF TRUST THE 110 DAY OF 198{ THE PALMER FAMILY TRUST STEPHEN L. PALMER an d CAROLYN V. PALMER Trustors STEPHEN L. PALMER and CAROLYN V. PALMER Ca-TxusYees THOMP60N, THaM,rSCN 6: BROWN. ♦,.annna �r o+w. WHM4=. cAurofiwu N PAGE 02/14 SCHIADA & CABALLERO PAGE 03/14 U412W 20U4 17:01 562-941-7670 - - _ INTER VIVO$ DECLARATION OF TRUST THE PALMFR FAMILY TRUST DATED THE X70 DAY OF 198% THIS DECLARATION OF TRUST. is .executed on the date here - rth, by STEPHEN L. PALM6R, an individual, and inabove set Fo CAROLYN V.-PALNER, an individual, husband and WiFe (herein- after jointly referred to as "Trustee,,), on behalf of STEPI'EN L. PALMER and CAROLYN V• PALMER (hereinafter jointly re- ferred to as "Trustors"). All Property subject to this Trust atronertimcfzChenTrused to be the cormrtunity property or separate p p y, , _ tors, and is sometimes referred to. as the "Trust Estate beand shall be held, administered and distributed as provided The l be held rty comprising the Trust Estate is described in Sched- ule "A" attached to this Declaration and enti uch Schedule may be. amended from time to time. It is the intention of the Trustors arty transferred in trust under this instrument that all prop and the proceeds thereof shall conue to retain its character nti as community or separate property during the joint lifetimes erm9 and con - of the Trustors, subject, however, to allofthe tNo_provision of this Declaration ditions of this instrument. such properties, of Trust shall change the character of rents, issues and profits therefrom, to other than their oxig- tors ��, £nal character. Therefore, eaehretains,of the Tt sclaimhand as ademsnd- of election, which each of them hts or ErOm the Trustee upon the death of the other Trustor, her share of the community property designated herein as the "Trust Estate", During the lifetimes of both Trustors, all deposits or Withdrawals from checking accounts or savings and loan accounts standing in the nacos of the Trust Estate, may be withdrawn on the signature of either of the original Cc - Trustees alone. ARTICLE I Trustees So long as both Trustors are lsving. the Trustors shall be the Trustees for the Trust Estate established by this Aec- laration. Upon the death of one of the Trustees, the surviv- ing Trustee and WAYNE E. THOMPSON, Attorney at Law, 7624 S. vv painter Avenue, Whittier, California, shall become the Co - Trustee of the Trust Estate. In the event either of -,the above- THOMPSON, TI4OMPSON a BKO", ATm M, AT uW.t"ImgR. CAWFCFNIA 4 04/30/2004 10:24 562-941-7070 SCHIADA & CABALLERO named individuals shall be unable or unwilling Co act, or once appointed shall be unable or unwilling •to-continueto so sot, then in that event CHRISTOPUR NORMAN PAt,M&R shall become a Cc -Trustee With the above-named person who is able and willing to continue to so act. In the event that any two (2) of the successor Co -Trustees above-named, shall be unable or unwilling to act with the original Trustee - Trustor, then in that event JAMES D. BROWN, of 12304 Santa Monica Boulevard, Suite 202, Los Angeles, California 90025, shall become the successor Co -Trustee. Whenever the term "Trusted" is used in this Declaration, it shall mean and refer to the Trustees, or to a surviving Trustee and:a Co -Trustee or Co -Trustees, or to individual Trustees, as the case may be. ARTICLE lI POWer to Amend .and Revoke During the lifetimes of both Trustors, this Trust may be revolted in whole or in part by either.Trustor by deliver- ing written notice to the other Trustor and to the Trustee. In the event of such revocation, the entire Trust Estate or the portion affected by the revocation,•shall revert to either or both Trustors retaining its prior character as community or separate Property. This trust may not be amended during the lifetimes Of the Trustors without the written agreement of both of them. Upon the death of the first of the Trustors to die, the Trust created hereunder and designated as Trust B, (the deced- ent's trust) shall become irrevocable and not subject to amend- ment, The surviving Trustor may alter; amend or revoke Trust A (the survivor' trust) in whole or in part by delivering written notice to the Trustee. Upon the death of the surviv- ing Trustor, Trust A, -if not earlier revoked, shall became - irrevocable and may not be altered, amended or modified in any respect. No amendment of either Trust A or .Trust B shall increase or decrease the duties or liabilities of the Trustee without the consent of the Trustee. ARTICLE III Additional Property Either Trustor may at any time, and from time to time, assign, deliver or deposit with the Trustee additional monies, T14pMP90N. TMOMP60N & 9aOWN, •mm,xr� �r ,,,�q, RNR UM, 1A1jF14eIA PAGE 02/05 04/29/2004 17:/01 562-941-7070 SCHIADA & CABALLERO PAGE 04/14 l securities_ or other property which thereupon shall be subject - - inall respects to - the terms of this agreement, in same " manner as if originally included in Schedule "A" hereof. - - - ARTICLE IV Distribution of Income and Principal A. During the joint lifetimes of the Trus COrs,,the Trustee shall pay to the Trustors the entire net income of the Trust Estate, quarterly, or in more frequent install- ments" in addition, the Trustee shall pay to the Trustors so much of the principal of the Trust. Estate as they shall request. B. Upon the death of either of the Trustcra if the other Trustor shall survive him or her, the Trustee shall divide the Trust Estate (including any additions made by the Will of the Deceased Trustor or by any life insurance proceeds, or otherwise) into two separate trusts, designated as Trust A (the survivor's trust) and Trust B (the decedent's trust), as follows: ' 1. Trust A shall consist of (a) the surviving Trustor's share of community property in the Trust Estate, (b) any portion of the Trust Estate consisting of separate property of the surviving Trustor, and .(c) one-half (1/2) q of the aspirate property of the deceased Trustor. l% 2. Trust B shall consist of the balance of the Trust Estate not allocated to Trust A under•the foregoing provision. - 3. . The Trustee shall not be required to make a phyeical segregation of the assets between Trusts A. and B, and the Trustee may hold undivided interests in the.same property; provided, however, that separate books shall be created and maintained properly to identify the principal and income of each of said Trusts and the source of payments made from each. C, The Trustee shall pay from.the assets of. Trust B the deceased Trustor's last illness and funeral expenses, all costa of administering the deceased Trustor's probate estate, if any, and all estate and inheritance taxes (in- _ cluding any interest or penalties thereon) arising by rea- son of the death of the dedeased Trustor. D. During the lifetime of the surviving Trustor, the income and principal of Trutt A shall be held, dealt with and distributed as hereinafter provided: TMOMPrON. THOMPSON A GROWN, •r uw, "IMM4 GuMMIA 04/29/2004 17:61 562-941-7070 tle Sl� SCHIADA & CABALLERO 1. The net income shall be. distributed in quar- terly or .other frequent installments to the surviving Trustor during his or her lifetime. 2. The surviving Trustor shall have the unlimited power to withdraw Such amounts of principal of Trust A, up to the whole thereof, as the surviving Trustor may, from time to time, request in writing of the Trustee, 3. Upon the death of the surviving Trustor, the Trustee shall distribute any remaining principal and accumu- lated income, if any, then held in Trust A as the surviving Trustor may appoint by his or -her Will. The power to make ouch appointment, the conditions to which it may made sub- ject and the principal beneficiaries shall be without restric- tions or qualifications of any kind.. In default of the af- fective exercise of this power by the surviving Trustor, all assets of Trust A shall be held or distributed in the same manner, to the same persons and in the same proportions as are provided for in this Declaration of Trust S. E. During the lifetime of the surviving Trustor, the, inoome and principal of Trust- 8 shall, be held, dealt with and distributed as hereinafter provided, 1. The net income from Trust B shall be distri- buted in quarterly or other more frequent installments to the surviving Trustor during his or her lifetime, 2. If; at any time, the surviving Trustor should for any reason require funds for his or her proper care, main- tenance,. health or support, considering his or her needs and the standard of living maintained by.the Trustees 'at the time of the deceased Trustor's death, and also considering income or other resources available to the surviving Trustor outside .of this Trust, it Shall be the discretionary duty of the Trus- tee, upon receipt of satisfactory evidence of such want, to pay to or apply for the benefit of the surviving Trustor such amount of principal, up to and including the whole thereof, as may be necessary to meet said want; provided, however, that any determination by the Trustee to pay to or on behalf of the surviving Trustor any amount of principal from Trust - B shall be made solely by Trustees, or a Trustee, other than - - the surviving Trustor, and the surviving Trustor shall -take no part in such determination, - 3. The primary purpose of.this Trust is to pro- vide liberally for the surviving True -tor during his or her -4- THOMPSON. THOMPSON & BROWN. /.TIOAMLYA w' �W. Wmmcrt. cALIMMIA PAGE 05/14 04/29/2004 17:01 562-941-7070 SCHIADA & CABALLERO PAGE 06/14 lifetime. The rights of all remaindermen are subordinate to ouch primary.purpose. Subject to this purpose, no diatribu- Cion of pricipal shall be made from Trust B until Trust A is exhausted, unless such distribution ie for the purposes .provided -£or in Article V, Subparagraph q of this Trust, in - - - which event the assets of both Trust B and Trust A.may be - - expended in equal amounts to accomplish the described pur- poses. F. Upon the death of the surviving True tor, the Trust shall continue until the youngest of the children of the True - tors, namely, CHRISTOPHER NORMAN PALMER, born January 16, 1959, STEPHEN BRIAN PALMGE, born June 1, 1960, and JAMES STEWART PALMER, born July 6, 1962, shall attain the age of forty (40) years. I. During said period, the Trustees shall pay to or apply for the use and benefit of the said sons of the True - tars, in equal shares, the net income from said Trust until such children shall attain the age of fatly (40) years. - - 2. As each son of the Trustors shall attain the age of thirty (30) years there shall be distributed to him one-third (1/3) of his share of the principal of the Trust Estate, As each of the said sons of the Truatore shall attain the age of thirty-five (35) years, there shall be distributed to him, one-half (1/2) of his remaining share of the Trust Estate. - As each of said sons attains the age of forty (40) years, the Trust shall terminate as to said sons and there shall be dis- tributed to him, the balance of his share of the principal of the Trust Estate together with his share of any accumulated and - undistributed income. 3. Ip the event that any of the sons of the Trustors shall predecease the Trustora, such deceased son's share shall be held in Trust by the Trustees for the benefit of such de- - ceased son's children, in equal shares, until each of said child - ran shall attain the age of twenty-five (25) years, During said period, the Trustees shall pay to or apply for the use and benefit of said grandchildren of the Trustors, in equal shares, upon the principal of represenation, the not income from said Trust until such grandchild shall be entitled to -receive his or her distribu- tive share upon the termination of. said Trust. As each grand- child shall attain the age or twenty-five (25) years, the Trust shall terminate as to such grandchild and there shall be distri- buted to such grandchild his or her principal share of the Trust Estate, together with his or her share of any accumulated and un- -5- TNOMFeON, TNoMPSON & eaOWN, A"CE H_AT WW, WHITnEA, CALIFVANII, 04/29/2004 _17;.01 562-941-7070 SCHIADA & CABALLERO distributed income. When the youngest of said grandch£ldrsn shah, attain the age of twenty -r=ive (23).years;_the Trust Ore. ated Por the benefit of such grandchild shall. terminate. If any of said grandchildren of the Trustors shall die prior to the'tctmination -of said Trust created for the benefitof said grandchild as herein provided, such deceased graridehild's share shall be distributed to his or her brothers and sisters then living, and if there be no such brothers and sisters.than living, to the other grandchildren of the Trustors then;living, £n equ. shares.al 4.That in the event any Of the sons of the Trustors shallpredebease the Trustors,- without, heaving children surviv- ing him, such deceased son.'a share shall be hold in Trust for the benefit of the other son or sons of the Trustors to be held, managed, and distributed as hereinabove provided. . G. In the event the Trustee is required to distribute any monies hereunder to a minor beneficiary, each such die- _ tribution may, at the aole discretion.of the Trustee, be made to such beneficiary or to any person having actual custody Of such beneficiary, without the intervention of a guardian, or the Trustee may distribute to the guardian, but the Trus- tee may, it, his discretion, require such reports and take such steps as he may deem requisite to assure and enforce the due application Of such money to assure and enforce. H. Upon the death of the surviving Trustor, the Trus- tee may, in his discretion, Pay out of the principal of the Trust Estate (both Trusts A and 8) the surviving Trustor's last illness and funeral expenses, attorneys' fees'and other costs in administering the surviving Trustor's estate, other Obligations incurred for the surviving Truetor's support and any estate or Inheritance taxes. 1. Unless sooner terminated in accordance with the provisions of this instrument, each .tkust created under this instrument shall terminate twenty-one (21) years after the death of the last of the Trustors, -STEPHEN L. PALMER and CAROLYN V. PALMER, the children of the Trustors, CHRISTOPHER NORMAN PALMER, STEPHEN BRIAN PALMER., TYLER JAMS PALMER, JAME9 gTEWART PALMER, and J. If the value Of the remaining Trust Estate, or of any Segregated share held as a separtate truat, as conclusive determined by the Trustee shall, ly at any time, be reduced to Five Thousand Dollars ($5,000,00) or less, then the Trust, or -6- THOMP ION, THOMPeoN a GROWN, ♦llepIT. eT uw, wgfn'16R. CAupegNlA 04/29f2004 17:01 562-941-7070 SCHIADA & CABALLERO such separate -trust share thereof, shall terminate and the remainder of the trust, or such separate share,.shali, forthwith be distributed to the person or persons then en= titled t0 the income and principal of the Trust Estate, such separate trust share. r ,ARTICLE V Powers of the Trustee To carry out the provisions of this Trust subject to any limitations stated elsewhere in this instrument, the Trustee is vested with the following powers in addition to and not in limitation of the powers granted or conferred by law: A. To hold any and all of the Trust property in the title of The Palmer Family Trust A or The Palmer Family Trust R, as the case may be. A. To acquire an asset or any .interest therein for cash or on credit, at public or private sale or by gift, ex- change, partition, division or change of character. C. To sell or convey, at privets or public sale, for cash or on credit; to exchange; to divide; to grant options including covered callOptionson shares of stock owned by the Trust; to abandon a Trust asset or.any interest therein; to mortgage, pledge or hypothecate, or to exchange or lease :(in- cluding lease for a period extending beyond the term of this Trust, and the lease, sale, exchange, pooling or unitization of any mineral right, in lands, or any part thereof, separate and apart from other interest in such lands), upon such terms, cash or credit, or both, as -the Trustee may elect, stocks, notes, securities, real estate, minerals and other Trust prop- erty. D. To invest and reinvest the Trust property in in - Vestment of any kind, real,"Or.pergonal, including without limitation, stocks, bonds, notes, mortgages, lands, minerals, royalties, leaseholds, participations in partnerships, joint ventures and other business enterprises. The Trustee is au- tharized to hold securites in his name Orin the name Of his f� nominee in a manner which does not disclose the Fiduciary re, �1 lationship of the named owner. E• To construct, add to, repair or demolish (in whole or in, part) any improvement upon any Trust property. -7- TNOMPSON• THQNPCON & HRPWN, newn.s•e •r uw, wH . .rnm, enuMtm,n PAGE 06/14 04/29/2004 17:01 562-941-7070 5CHIADA & CABALLERO PAGE 09/14 F. To participate in any reorganization, consolida- tion, merger or dissolution�of.any corporation, the stocks,, _ - bonds or other securities of which may be bald at any time as part of the Trust property, and to receive and continue to hold any property which may be allocated or distributed to them by reason of participation in any such reorganize- tion, consolidation, eorganize-tion,consolidation, merger or dissolution. G. To make or hold investment of any part of the Trust property in common or undivided interests with other persons, corporations or trusts. H. To demand, receive, reaeipt for,sue for and col- lect any and all rights, money, properties or claims to which - this Trust may be entitled, and to compromise, settle, arbi- trate or abandon any claim or demand in favor of or againet this Trust. I. To borrow funds for this Trust in such amounts and for such purposes as to the Trustee shilldeem for:the best interests of this Trust and the beneficiaries thereon, and to purchase property on the credit Of this Trust, and in con- nection with such borrowing Or such purchase, to execute and deliver promissory notes or other evidences of indebtedness of this Trust and to mortgage or pledge all or any part Of the property in this Trust to secure payment of such indebt- edness, and to repay such indebtedness out of this Trust. S. The Trustee is specifically authorized to purchase assets from the estate of either deceased Trustor, or to pur- chase assets on behalf of one trust from another trust created hereunder„ and to make loans at reasonable Yates Of interest to the estate of either Trustor, and to make loans at reason- - able rates of interest from one trust to another trust created hereunder, and any such loans either to the estate or another _ trust may be made with or without security. K. To employs agents, legal counsel, brokers and assis tants_ and to pay their fees and expenses, as the Trustee may deem necessary or advisable to carry out the provisions of this Trust, - L. To vote in person or by proxy any share of stock which may form part of this Trust, M. To determine, in the Trustee's sole discretion, what is principal er income of the Trust ,Notate and to ap- portion and allocate, in the Trustee's sole discretion, to- Ceipts and expenses as between principal, and .income. Only the Co-Trustees or Trustees other thanthe surviving True- tor shall have discretion to determine.what is principal or -8- TFIOMP@ON, THOMPSON & GROWN. AnOMWA 4T u , W i"RR, EAUPORNIA 04/29/2004 17:01 562-941-7070 SCHIADA & CABALLERO PAGE 10/14 income of the Trust Estate, To charge to the principal of the Trust Estatethefull purchase price of any securities - purchased at a premium without the necessity of thereafter - making any amortization as to such premium, - N, To hold any property of the Trust Estate (other than real property) in the names of the Trustees or in the name. or names of a nominee or nominees. 0. Generally, without limitation of any ape64fie enumeration herein, to. manage,_coutrol, operate, convert, re- convert, invest, reinvest, sell, exchan pledge, poge; lease, mortgage, ol, unitize or other ise encumber and deal with the - - Property OR this Trust fox and on behalf of this Trust and the beneficiaries thereof, as any individual would have in re- spect of his own property and funds, , F. To obtain insurance, including public liability insurance and major medical insurance, at the expense of the Trust Estate of such nature and in such amounts and form as the Trustee may deem advisable, including life insurance on the lives of any of the Trustors or any beneficiary hereof, and to pay any premiums and expenses, and continue to pay such premiums with respect thereto from the income or cor- pug of the Trust for the insured beneficiary, or from any other Trust if the funds available are not sufficient with _ "r respect to such insured beneficiary, - -. eT Q. If, and to the extent that, the residence of the TYugtora shall constitute as asset Of the Trust Estate, the - Trustee shall allow the surviving Trustor to oeeupyand use the same until his or her death without obligation to pay any rental, If requested by the surv5,ving Txestor, the Trus- tee may dispose of any such residence, purchase or build another comparible Or less expensive residence which may be occupied - withcut rental obligation, during the remaining life of the - surviving Trustor, All taxes, insurance, repairs and ocher charges necessary £or the reasonable upkeep and maintenance Of any such residence shall be paid from the income or prin- cipal of the Trust Estate, R, Upon any division or partial or final distribution Of the Trust Estate, the Trustee ghall have the power to par- tition, allot and distribute the Trust Estate in undivided 6� interests or in kind, or partly in money, and partly in kind, at valuations determined by the Trustee, and to sell such Property a$ the Trustee may deem necessary to make division or distribution. 7FIOMpgON, TWOMF6aN h GROWN, AxpnxATe AT LAW, WNITTIER, UA4FMIA U4/2L1/ZU04 1///b1 562-941-7676 SCHI_ADA & CABALLERO PAGE 11/14 ARTICLE VI Trustee Dealin With Third Parties - - No Person, firm or corporation dealing with the True tee with reference to any property in this Trust shall be Trus - required Co ascertain the authority of the Trustee to make any sale, transfer, mortgage, pledge, assignment or other transfer or disposal of or tr Estate, not shah any such peansaction concerning the Trust rson, firm Or corporation be Permitted or required to inquire into the expediency, pro, priery, validity or necasaity 04 any sale made Uy the'Trus- tee nor Shall they be in any Way resposible for the proper use of application of funds paid by Chem or any of them to the Trustee under the terms of this Trust. Such persons, firms or corporatims so dealing With the Trustee shall be entitled to rely upon the delivery, transfer, assignment or other instrument or act disposing of or Pledging or mortgag- ing such property by the Trustee as having been rized in all paduly authn- rticulars, and the receipt of the Trustee for any Pgyment made to him or For any assets added hereunder shall be a camplete discharge and acquittance to the extent specified in such receipt, ARTICLE VII ,f� 5 eridthri£t Clause' � - The interest of the beneficiaries in any of the Trusts created hereunder shall not be RSsuch subject to the claims of their Procecreditors or others, nor shall they be subject to any legal tarilalie and interests may not be voluntary or involun- Y alienated or encumbered. ARTICLE VIII . Resi ation of Trustee Any individual Trustee may resign at any time, provided that in the event all of the individual Trustees s sign, or shall be unable hould re - or unwilling to act, then in that event, upon the petition of one or mor flied with the Se .income beneficiaries, uperior Court of the State of California for the County of Los Angeles Pointed as SuccessorTrustee corporate Trustee Shall be ap- -10- THOMPS[IN, TNpMP6ON & BaOWN, •ne�,,iY� �r u y, "MJ ER, GUFORNIA 04/29/2004 17:@j 562-941-7070 SCHIADA & CABALLERO AnySuccessorTrustee appointed hereunder shall have - no responsibility for the acts or ommidions of any prior Trustee, and no duty to audit or investigate the accounts - or administration of any prior Trustee, nor shall any Suc- Cessor Trustee have any duty to -take action for any defal- cation of any.prior Trustee unless requested to do so in writing by a person having.a present or potential interest - hereunder and unless indemnified for the exspenees.of such action, ARTICLE IX COMPEaaation of Trustees The Trustee hereunder shall be entitled to reasonable compensation for his services in propa'rtion to the:axtent of such services. ARTICLE X General Provisions ., A. If any provision of this instrument is unenforce- able, the remaining provisions shall nevertheless be carried Into effect. H. The use of the singular shall include the plural and the masculine shall include the'feminine and neuter gen- der$. C. This Trust has been accepted'by the Trustee in Cali- fornia and unless otherwise provided in this instrument, its validity, construction and all rights under it shall_, be gov- erned by the laws of the State of California. IN WITNESS W8EREOF, the Trustees and Trustors, STEPHEN L. PALMER and CARCLYN V. PALMER, execute this Declaration of Trust on the day and year above written, at Whittier, California. -2- S -Step L, n-.— .— I 11. THOMPSON & SNOWN, xr,orvuw wr uw, MTIi Yn%ft, CAI IFCI11eA 04/29/2004 17;k11 562-941-7070 SCHIADA & CABALLERO PAGE 13/14 We, STEPHEN L_ PALMER and CAROLYN'v. PALMER, :do hereby. certify that we have read the foregoing Declaration of Trust and that it correctly states the terms and conditions upon which the Trust Estate is to be held, managed and disposed of by the Trustee. We, and each of us, approve the Declaration of Trust in . 811 particulars, and have requested .the Trustee to. execute it; _ Dated theyear and day first above written, - Val— - Step L. 'almar —� Social Security No, S`45- 4a.-0g0 ea!rko yn Pater Social Security No, ,t'`7/.- y.� Approved by: THOMp & S�ROrWN Wayn Thampeon, t that's ' £or sCors STATE OF CALIFORNIA COUNTY OF LOS ANGELES) es. On the .+J.d day ofVf,� 198; before me, the undersigned, a Notary Public in and for said State' appeared STEPHEN L. PALMER and CAROLYN V. pALMER //..p//ersonally - known to me —/ personally . %proved to me on the basis of satisfactory evi- - dance, to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same - as Trustors, and STEPHEN L. PALTER and CAROLYN V. PALMER also acknowledged to me that they executed the same as Trustees, IN WITNESS MfEREOF, I have set my hand and seal the day and year above written, /59 Ctart' u c n a or saa OFFICIALsaAL State NDTA WluL -CALILPFaHtaA IAs ANGt3,Es munny MYDM�INkn Emyp� pl,. B, 1965 YNOMPeON, THOMPSON a BROWN. •*ronxevw er uw, wxmRFJl, Cn41FONilA V. RECORDING REQUESTED BY: SCHIADA 6 CABALLERO 13225 Philadelphia St. Suite B Whittier, CA 90601 SCHIADA S CABALLERO 13225 Philadelphia St. Suite B Whittier, CA 90601 The undersigned part 1. It is a general 2. The name of the Nov 15 4 a0-p..of D=.rnent �Q 1��� riled ......_..7.[..� ............ net been compared with origins origaat will be retumed v"n ArCCL'Ssiag %, as been cm1pidw. LOSOMB OF PARTNERSHIP declares and states that: is E, P.INVESTHENTS.4 3. The names of the partners are: STEPHEN L. PALL JAMES PALMER BRIAN PALMER, al 4. The partners named partnership. 5. All partners named in property standing in executed by all par partnership name. This statement was execute Whittier, California. known as, STEPHEN B. PALMER are all of the partners in the statement may convey title to real partnership name by 'a conveyance and which statement is in the on �Lo�' NVC2 —1199 4, at 1 Z0 39Vd Q-1VN0GDW 0 Tb�bL 9002/EZ/E0 II State of California ) ) SS County of Los .Angeles ) WE, THE UNDERSIGNED, We have read the fore its contents. We are part; stated in said STATEMENT knowledge and we are author on behalf of said partnersi l( Executed this 24 da3 penalty of perjury that thi STATEMENT OF PARTNERSHIP and know of P & P INVESTMENTS. The matters PARTNERSHIP are true of our own to make this verification for and of A -u \ 1994 at California. We declare under foregoing is true and correct. STEPHEN Z. PALMER 2 60 39174 a-lVNOQDW 0 Lb:bL 900L/E7./60 state of California: County of Los Angeles: On ca 4 9 /3951 Notary,Vublic, personally personally known to me subscribed to the within he/•situkey executed capacity(4.awl, and that instrument the person[o], person] acted, executed Witness my hand and offici State of California: Count % of Los Angeless On CSG c 1 9 951 Nota tic, personally satisfactory evidence to subscribed to the within he/fey executed capacity[4ea], and that instrument the person[pr], person] acted, executed Witness my hand and offic State of California: County of Los Angeles: Notary „bl>_c, personally satisfactory evidence to subscribed to the within he/6ha,L1ey executed capacity[], and that instrument the person V) , person('] acted, executed tness my hand and officia PAMOA\01-60,600 lefore me, .41- 1, ",,� ppeared or, prove the—basis--of m the person[,C] whose name[o] is/-aje nstrument and acknowledged to me that ame in his/;r authorized T his/he .r signaturepri on the >r the entity upon behalf of which the he instrument. seal. S*Cw"00FIC1AL NOTARY soL ,bpo" NoCWYp q,' �'�RIFFINmia LOS ANGELES COOUNT SEP 20.1905 ore me, eared yon 4 a � ,-7Z"eo-,. - proved to me on the basis of the Person EAt]' whose name[ is/aza trument and acknowledged tome that in his/hazdA boje authorized his/hags: signature[r] on the the entity upon behalf of which the instrument. seal. QF;L0 NOTARY SEAL / MEUG9A J. GRIFFIN r No�Y mak— CaIlNmia L05 ANGELES COUNTY W Comm EXPIM SEP 29,1985 ore me < eared prow d to me on the basis of the person['] whose name(zj is/a" trument and acknowledged to me that a in his/ham authorized his/harlthatr signature[, on the the entity upon behalf of which the instrument. seal. ------------------- OFFICIAL NOTARY SEAL MELISSA J- GRIFFIN MM" Fuafo -• Cal w" LOS ANGELES COUNTY Ay Comm- E.om SEP 29,1905 b8 39vj CF]MOCIDW Q Th' .T .n.' Print Review IRS Fo� SS -4 EIN Page 1 of I Form SS -4 Application for Employer Identification Number EIN (Rev. December 2001) (For use by employers, corporations, partnerships, trusts, estates, churches, Department of the government agencies, Indian tribal entities, certain individuals, and others.) 20-6401989 Treasury Internal Revenue Service 0, See separate instructions for each line. ► Keep a copy for your records. OMB No. 1545-0003 1' Legal name ofentity (or Individual) forwhom the EIN is being requested STEPHEN L PALMER RESIDUAL TRUST 2 Trade name of business (N different from name on line l) 3' Executor, trustee, 'care or name CHRISTOPHER PALMER-TRUSTEE 4a' Mailing address (room, apt., suite no. and steel, or P.O. box) 5a Street address (If different) (Do not enter a P.O. box) P 0 BOX 108 410 NORTH HULEN WAY 4b' City, state, and ZIP code 5b City, stale, and ZIP code KETCHUM ID 83340 - KETCHUM ID 83340 - 6' County and stale where principal business Is located - County BLAINE State ID 7a' Name of principal officer, general partner, grantor, owner, or truslor 7b SSN, ITIN, IN STEPHEN PALMER 545-02-0809 8a' Type of entity (check only one) ' Estate (SSN of decedent) 13 Sole Proprietor (SSN) r Plan administrator (SSN) n Partnership 10 Trust (SSN of grantor) 545 : 42: 0809 Corporation (enter form number to be filed) } 0National Guard ❑ Statellocal government Personal Service I Farmers' cooperative Federal govemmentimilitary n Church or church controlled organization r REMIC n Indian tribal govemmentlenterprises Other nonprofit organization (specify) 1, Group Exemption N0. (GEN) Y 1❑1�--11 L.i Other (specify) 10� 8b If a corporation, name the state or foreign country (if applicable) where incorporated State - Foreign country 9' Reason for applying (check only one) ' Banking purpose (spedffy prirprYse) No rl Started new business (specify type) r-7 Changed type of organization (specify new type) 1 I. O Purchased going business " ❑ Hired employees (Check the box and see line 12) R Created a trust (specify type) h RESIDUAL rl Compliance with IRS withholding regulations r_; Created a pension plan (specify type) ► Other (specify) > 10' Date business started or acquired (month, day, year) 11 Closing month of accounting year . APR 28 2004 - 12 First dale wages or annuities were paid or will bepaid (month, day, year) Nofe:lf applicant is a withholding agent, enter date income will first be paid to nonresident alien. month, day, year)................ r 13 Highest number of employees expected in the next twelve months Note:10he applicant Agriculture Household Other does not expect to have any employees during theperod, enter '-0- .......... ..... A 14' Check box thatbestdescribes the principal activity of your business iHealth. care& social assistance LJ WhoiesaleagenUbroker M Construction r J Rental & leasing M Transportation & warehousing rl Acconunpda8on & food service r.1 Wholesale -other rs Real estate rManufacludng ri Finance & insurance 1 Retail '. '' r IY Other sect TRUST 15' Indicate principal line of merchandise sold; speck construction work done; products produced; drservices provided. - TRUST 16a' Has the applicant ever applied for an employer identification number for this or any other business9........... 101Yes R" No Note If "Yes" lease complete lines fhb and 16c 16b If you checked "Yes" on line 16a, give applicant's legal name and trade name shown on prior application ff different from line 1 or 2 above. Legal name ► Tmdename 10- 16c 16c Approximate date when, and city and state where, the applicaflon was filed. Enter previous employer identifiralion number If known. Approximate date when filed (month, day, year) City and stale where filed Previous EIN Complete section only Ifyou want to authorize the named Individual to receive the entlys EIN and answer questk ns about the completion of this loam Third Party Designee's name ;:, WENDY BASULTO CPA Designee's telephone number (include area code) Designee Address and ZIP code . - (562) 945 - 1558 13225 PHILADELPHIA ST WHITTIER CA 90608 - �`d,�a't'.' Designee's fax number (include area code) ( 562 ) 945 - 5759 Under penalties ofpequry,l declare [hat l have examined this applicalion, and to the best of my knowledge and belief, If is hue, Applicant's telephone number (include area code) correct, and complete. Name and title (type or print clearly) >• CHRISTOPHER PALMER-TRUSTEE Signature > Not Required Date b January 07, 2005 GMT Applicants fax number (include area code) ht(ps://sa.www4.irs.gov/sa_vign/review.do? 1/7/2005 issued EIN Page 1 of DEPORTMENT OF THE TREASURY 7 Federal Tax ID / EIN This is your provisional Employer Identification Number: 20-6401989 Today's Date is: January 07, 2005 GMT You will receive a confirmation letter in U.S. mail within fifteen days. The letter will also contain useful tax information for your business or organization. If you have input any of the information on your application in error, please wait seven days and contact the EIN Toll Free area at 1-800-829-4933, Monday - Friday, 7:30am - 5:30pm. If you do not want to call, please make corrections on the letter you receive confirming your EIN and return it to the IRS. If you are going to complete other on-line applications that require your Employer Identification Number(EIN) you can copy it by performing the following steps: 1), Use your mouse to highlight your EIN (blue number on top of page) by moving your pointer on top of the number. 2) Press the Ctrl key at the same time pressing the C key. Once you copy your EIN you can paste it in the appropriate place by pressing the Ctrl key at the same time pressing the V key. You may click on the buttons below for different print options or to fill out another Form SS -4. Click here to return to the Internet Employer Identification Number landing (start) page. https://sa.www4.irs.gov/sa_vign/issueEIN.do 1/7/2005 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I, , rtn Goy av* qAc\/, 83bi1�i ' (name) I (address) (city) (state) being fust duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: P1,sInd o�.ttn, k4 -c . qT0 mcu.w''F. # UZ goIy, X3'3 -0a (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this 22- day of /YIA/Ylh 120 0!� (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. 1 A1,O11VYp-, q-4', - (Notary ub is for Idaho) ••,puruuyrr, , r ..•'AGRE� . '.,� Residingat: �;01 NA. i '&JiSL ��► C,, AR Y My Commission Expires: 0 I V Ape �1G PUS �p �A TE D�w JOINT USE AGREEMENT AGREEMENT made C291997, by and among SCHRANDT FAMILY LIMITED PARTNERSHIP, LLP, MERIDIAN TRUST, dated August 1, 1997, Ralph E. Taylor, Trustee, an corporation, an corporation, and (collectively the "Parties"). an corporation Recitals The Parties wish to establish a general plan for the development, maintenance, and improvement of certain real estate as a Multiple Use Retail Site. The Multiple Use Retail Site is designed for the mutual benefit of the Parties, and is more fully identified and described in Exhibit A annexed hereto (the "Multiple Use Retail Site"). The Parties wish to establish protective provisions, covenants, restrictions, and provide for liens and charges (collectively called "restrictions"), with respect to which all or any part of such property is l to be improved, held, used, occupied, leased, sold, or conveyed. It is intended that such restrictions run with the land and'apply to and bind the respective successors in interest. All of such restrictions are imposed on each portion of such property as a mutual, equitable servitude in favor of all other portions of such property. Now, therefore, the Parties agree as follows: Article l Definitions Section 1.01. The term "Multiple Use Retail Site" means a site to be utilized by multiple Parties for mutually compatible commercial activities and includes the entire property identified and described in Exhibit A. Section 1.02. The term " Common Building Component" means any single Building which is located partly on a parcel of land in the Multiple Use Retail Site owned by one Party and partly on a parcel of land in the Multiple Use Retail Site owned by another Party. Section 1.03. The term "Party" means each of the persons executing this instrument; or their R;\G6Y9R96.599\SCNRANOT\JONl'RSB.ABV Joint Use Agreement - Page 1 respective successors in interest, as later provided, of their respective interests in the Multiple Use Retail Site, as shown by the records of Ada County, as of the date of the exercise of powers or the performance of or failure of performance by such Parties of obligations created by this instrument, who fit within the following classification: (a) The person or persons holding fee title to all or any portion of the parcels comprising the Multiple Use Retail Site, except as provided in (b); or (b) The lessee or lessees under a ground lease of all or a portion of the parcels comprising the Multiple Use Retail Site for a fixed term of 50 years, or longer, in which event the fee owner of the real property covered by such lease will not be deemed to be a Party as to such property for the purposes of this Agreement during the duration of such ground lease. Section 1.04. The word "person" means and includes individuals, partnerships, firths, associations, and corporations, or any other form of business entity. Section 1.05. All areas used or constructed for use for commercial purposes will be referred to as Commercial Areas. (a) Commercial Areas include: (1) Sales and service areas. (2) Warehousing and storage areas. (3) Clerical and office areas. (4) Parking and Drive Isles. Section 1.06. All areas within the Multiple Use Retail Site, subject to nonexclusive use and not exclusively appropriated for the use of a single occupant, will be improved, operated, and maintained, and will be referred to as common areas. Such areas include parking areas including employee parking areas, roadways, walkways and landscaped areas. Such areas do not include buildings, areas, or facilities which are constructed or used for commercial use as defined herein. Article 2 Regulation of Improvements Section 2.01. No hedge, fence, wall, or other like barrier shall be constructed on the line separating one parcel from another parcel,_ other than the improvements expressly permitted here or those improvements required by city, county, state or federal authority. Section 2.02. (a) Each Party owningany improvements in the Multiple Use Retail Site which contains a Common Building Component, if such Common Building Component is utilized by another improvement in the Multiple Use Retail Site owned in whole or in part by another Party (as owner of a benefited improvement) shall maintain, at its own cost and expense, the Common Building Component in such state of repair that it will continue to have the capacity to be so used in common } R�\08yAR96.599\SC"RANOT\JONTUS8.A9V Joint Use Agreement - Page 2 by the benefited improvement in question (subject to the provision of (1) of subparagraph (b) of this section). (b) . Each Parry owning any benefited improvement which utilizes any Common Building Component contained in an improvement which is not owned in whole or in part by it: (1) Shall not place on the Common Building Component in question any burden which at the time of placement is in excess of the capacity of the Common Building Component for such or will prevent the use of the improvement contained in the Common Building Component in question for its intended purposes; and (2) Shall not cause or permit to occur any damage, loss, or injury to the improvement which contains the Common Building Component in question by or as a result of any act or negligence on its part with respect to the benefited improvement. Section 2.03. Nothing in this section shall be deemed to preclude any Parry owning either an improvement containing a Common Building Component or a benefited improvement, as the case may be, from doing or causing to be done any work (whether of repair, alteration, restoration, or otherwise) with respect to any such improvement (notwithstanding that during the course of performing such work a condition otherwise prohibited by the provisions of this Article may result) Article 3 Operations and Use Section 3.01, Unless unanimously approved in writing by the Parties, neither the Multiple Use Retail Site nor any part of it will be used and no building or other improvement will be constructed, maintained, or used for any purpose other than the following: retail, office, and service establishments, including without limitation, financial institutions, brokerage offices, restaurants, travel and other agencies, bowling alley, skating rink, motion picture theater, car washing establishment, veterinary hospital, mortuary, and similar service establishments. Section 3.02. Except as otherwise prohibited by this Agreement any part of the Multiple Use Retail Site may be used for any commercial or business operation, use or purpose, which is expressly authorized and which is common to comparable regional Multiple Use Retail Sites and which is not prohibited by this Agreement or by law. Section 3.03. No use or operation will be made, conducted, or permitted on or with respect to all or any part of the Multiple Use Retail Site, which use or operation is obnoxious to or out of harmony with the development or operation of a first-class Multiple Use Retail Site including, but not limited to, the following: lR:\GEYER96.599\SCHEA \JOH SX. REV J Joint Use Agreement - Page 3 (a) Any public or private nuisance; (b) Any noise or sound that is objectionable due to intermittence, beat, frequency, shrillness, or loudness; (c) Any obnoxious odor; (d) Any noxious, toxic, caustic, or corrosive fuel or gas; (e) Any dust, dirt, or fly ash in excessive quantities; (f) Any unusual fire, explosion, or other damaging or dangerous hazard; (g) Any warehouse, assembly, manufacture, distillation, refining, smelting, agriculture, or mining operations; (h) Any "second hand" store, Army, Navy, or government surplus store; (i) Any trailer court, labor camp, junk yard, stock yard, or animal raising other than a pet shop; 0) Any drilling for a removal of subsurface substances; (k) Any dumping, disposal, incineration, or reduction of garbage or refuse; and ( (1) Any fire or bankruptcy sale or auction house operation. Section 3.04. Unless unanimously approved in writing by the Parties, no more than one Poultry Restaurant may be operated at any one time in the Multiple Use Retail Site or any part of it. For purposes of this section Poultry Restaurant is defined as a restaurant whose principal offerings are chicken or poultry products. Article 4 Easement Section 4.01. The Parties grant each to the other the following reciprocal easements, with the understanding that none of the easements described below are intended to incumber the foundation or building pat portions of any lot within the Multiple Use Retail Site: (a) Nonexclusive easements appurtenant to the Party's property for the purpose of parking vehicles of the Party, the tenants, concessionaires, officers, employees or owners of any portion of the Party's property; and the customers, licensees, and invitees of the Party and the tenants, concessionaires, or sublessees. Provided that at any one time, no more than ten vehicles of the Party, its officers, employees, tenants, concessionaires, and its customers, licensees, and invitees shall be parked on the property of another Party. R:\GSYBR96.597\SCHS T\SORTOSH.RSV Joint Use Agreement - Page 4 (b) Nonexclusive easements appurtenant to the Party's property for the purpose of pedestrian traffic of customers, invitees, and licensees of the Party; the tenants, concessionaires, or owners of any portion of such Party's property; and the customers, officers, employees, licensees, and invitees of the Party and the tenants, concessionaires, or owners. (c) Nonexclusive easements appurtenant to the Party's property for the purpose of furnishing access and the right of access between the public streets and any parking areas situated on the, Multiple Use Retail Site property and between the public streets and parking areas and the Party's property, including any and all improvements from time to time located on or in the Party's property. (d) Nonexclusive easements appurtenant to such Party's property for the purpose of furnishing connection, support, or attachment including, without limitation, walls, slabs, and structural systems of an improvement to any building component owned by another Party where such building component constitutes a Common Building Component. (e) Nonexclusive easements for the benefit of and appurtenant to each portion of the Multiple Use Retail Site, for the conveyance of water, telephone lines, the conveyance of gas, for sewage disposal, the conveyance of electricity and for drainage lines and systems all as described in Exhibit B, attached and incorporated here by reference, and the maintenance, removal, and replacement of these systems. ( Section 4.02. The Parties agree that at all times free access between the parcels owned by each Party and the remainder of the Multiple Use Retail Site shall not be impeded and shall be maintained. Section 4.03. Subject to the rules and regulations adopted for the use of such areas as provided in this instrument, the use of all easements provided for in this Article and all other improved common areas in the entire Multiple Use Retail Site shall, in each instance, be nonexclusive, and for the use and benefit of all of the Parties or their respective successors or assigns to all or any part of their parcels, and to the extent any Party may see fit to grant the same, for the use and benefit of other persons who are permittees. Section 4.04. The common areas, on completion of the improvement of such areas, maybe jointly managed, controlled and operated by the Parties or their respective successors or assigns to all or any part of their parcels, for their mutual benefit. Section 4.05. The Parties, or their respective successors or assigns to all or any part of their parcels, shall jointly have the general possession of all common areas of the Multiple Use Retail Site. Such Parties jointly or individually may, at any time and from time to time, remove, exclude, and restrain any person from the use or occupancy of such, excepting bona fide permittees who make use of such areas in accordance with the rules and regulations established from time to time for such use as provided in this instrument. If unauthorized use is being made of any of such common areas, any ( f R:\GEYER96.599\8CHR T\JOHTGSR.RRV Joint Use Agreement - Page 5 of the Parties may also restrain or terminate such unauthorized use by appropriate proceedings after written notice to the owner of such parcel and failure to abate such use. Section 4.06. None of the common areas shall be used for commercial purposes by any individual Party, tenant, or lessee, or other permittee, except in accordance with the provisions of this Agreement and rules and regulations adopted as provided herein. Section 4.07. In the operation of the common areas, the Parties from time to time shall adopt rules and regulations pertaining to the use of all common areas by the permittees of the Multiple Use Retail Site, which may include the validation of customer parking tickets, provided that all such rules and regulations and other matters affecting the users of the common areas will apply equally and without discrimination to all permittees of Parties in the Multiple Use Retail Site. Such rules and regulations must, subject to the provisions of this Agreement, be adopted by unanimous vote of the Parties. Until modified by subsequent agreement, the rules and regulations attached and marked Exhibit C and incorporated herein will be in force and effect. Section 4.08. When utility facilities have been installed, each Party may relocate such utility facilities- within its own parcel from time to time, at its own expense. Such relocation, however, shall be performed only if the Party gives 60 days written notice to all other Parties using the utility facilities, and if the relocation will not reduce or impair the usefulness or function of the utility facilities and will be performed at the sole cost and expense of the Party so relocating. Section 4.09. All areas not used as commercial areas or used for other purposes permitted by this Article will be improved, used, and maintained as common area, and there are established nonexclusive easements for ingress and egress, parking of motor vehicles, and other incidental uses during each period that the areas are so used, improved, and maintained as common area. Article 5 Attorney Fees If litigation, arbitration, or mediation is instituted with respect to this instrument, the prevailing Party shall be entitled to recover from the losing Party all costs and reasonable attorney fees. Article 6 Operation and Maintenance of Common Areas Section 6.01. The Parties will jointly maintain all the common areas and all of the improvements tR:\GeYeR96.599\SCNRANDT\TON'POSR. RSV Joint Use Agreement - Page 6 of the common areas located within the Multiple Use Retail Site, or portions of these, and keep them in good condition, repair, clean, and free of rubbish and other hazards to persons using such areas. The Parties will have the right to select from time to time a person or persons to operate and maintain the common areas, provided that such selection will not diminish their or its obligations to maintain and operate the common areas. The Parties will each pay as their respective share of each of the costs of maintenance and operation of the common areas a pro rata share of such costs based on the ratio of the gross square feet of its parcel to the gross square feet in all parcels within the Multiple Use Retail Site. Section 6.02. Each Party will pay all real estate taxes, assessments, and other charges which may be levied, assessed, or charged against its parcel in the Multiple Use Retail Site or any part of such. Section 6.03. Whatever Party or entity is charged with the responsibility of performing the maintenance, management, and operation of such common area will during the time it is performing the maintenance, management, and operation of the common area, and so long thereafter as any charge for such remains unpaid, have a lien on the parcel of each Party to secure the payment by the Party of all sums payable to the managing entity. The lien will be junior to and will in no way impair the lien or charge of any first mortgage or first deed of trust, recorded prior to or subsequent to the recording of the notice. Article 7 Insurance Section 7.01. Each Party shall hold harmless all other Parties, and all tenants, lessees, and occupants of the parcels of the other Parties from all claims or judgments arising from the use of common areas located within its respective parcel or portion of such, unless the claim, demand, or judgment is. caused by the negligence of the other Party, tenant, lessee, or occupant. The Parties each will provide public liability insurance with limits of not less than $ 3 million per occurrence for combined bodily injury and property damage in the performance of its obligations under this Section. The other Parties will be named as additional insured. Such obligation may also be discharged by selfinsurance, if approved in writing by the other Parties. Section 7.02. Extended coverage casualty insurance shall be maintained by each Party against fire, vandalism, malicious mischief, sprinkler leakage, and all other perils of direct physical loss. Each Party releases each of the other Parties from any liability for any loss or damage of the type provided by fire and casualty insurance with extended coverage, and grants to the other Parties, respectively, on behalf of any insurer providing such insurance, a waiver of any right of subrogation which any such insurer of any one Party may acquire against any other Party or Parties by virtue of payment of any loss covered by such insurance. Article 8 R:\GEYER96.591\ECHRAN \TOH RSE. REV Joint Use Agreement - Page 7 Commercial Area Development and Maintenance Section 8.01. Before any exterior surface of any building or other commercial facility is erected, altered, repaired, or restored, or before any unenclosed or uncovered area is used for commercial purposes in the Multiple Use Retail Site, accurate plans of the exterior design; color, finish; and signing of such sign, building, or facility; or screening of unenclosed or uncovered areas will be submitted for approval of the other Parties for the purpose of achieving a Harmonious relationship among the various buildings, facilities, and signing which will comprise the Commercial areas of the Multiple Use Retail Site in the event such plans are submitted and not disapproved within 30 days from date of submission, the plans will be deemed to have been approved. In the event any such plans are disapproved such disapproval will indicate the particulars for such disapproval. Section 8.02. Within the separate areas of the parcels of each individual Party, such Parry will maintain all the commercial areas and all of the improvements of the commercial areas located within the parcel owned by the Party and keep them in good condition, repair, clean, and free of rubbish and other hazards to persons using such areas. Article 9 Enforcement by Injunctive Relief Section 9.01. In the event of any violation or threatened violation by any Party, lessee, or occupant ( of any part of the Shopping Center of any of the terms, restrictions, covenants, and conditions provided here, any of the Parties, or their respective successors or assigns to all or any part of their parcels, will have in addition to the right to collect damages, the right to enjoin such violation or threatened violation in a court of competent jurisdiction. Prior to the commencement of any such action written notice of the violation will be given to the other Party or other person responsible for such. Section 9.02. If performance of any act or obligation of any Party is prevented or delayed by act of God, war, labor disputes, or other cause or causes beyond the reasonable control of such Party, the time for the performance of the act or obligation will be extended for the period that such act or performance is delayed or prevented by any such cause. Section 9.03, A Party will not be in default under this Agreement except under such provisions as require the performance of an act on or before a specific date or within a specified period of time, unless the Party has been given a written notice specifying the default and fails to cure it within the period of 30 days; or commences to cure default within such period of time, and if the default cannot be cured within the times specified above, if the Party thereafter does not diligently proceed to complete the curing of default. Section 9.04. It is expressly agreed that no breach of this Agreement will entitle any Party to cancel, r R:\GEY6R96.599\6CRR T\JON SR.R" -' Joint Use Agreement - Page 8 rescind, or otherwise terminate this Agreement, but this limitation will not affect, in any manner, all other rights or remedies which the Parties may have by reason of any breach of this Agreement. Section 9.05. A breach of any of the terms, conditions, covenants, or restrictions of this Agreement will not defeat or render invalid the lien of any institutional first mortgage or institutional first deed of trust made in good faith and for value, but such term, condition, covenant, or restriction will be binding on and effective against any of the Parties whose title to the property or any portion of such is acquired by foreclosure, trustee's sale, or otherwise. Article 10 Duration, Extinguishment Continuation, and Modification Duration Section 10.01. This Agreement, and each easement, covenant, restriction, and undertaking of this Agreement, will be for a term of 50 years from this date, and will continue in full force and effect thereafter so long as 50 percent of the commercial area of the Multiple Use Retail Site is used for the uses permitted under this Agreement, except that each easement granted pursuant to Article 4 will continue so long as such easement is used by any Party and will terminate on nonuse for a consecutive 12 month period, unless notice has been given by any Party to the other Parties during such period, of its intention to resume use within 18 months following the date on which nonuse commenced. ( Section 10.02. Except as to Article 3, this Agreement and any provision, covenant, condition, or restriction, contained within it may be terminated, extended modified, or amended as to the whole of the Multiple Use Retail Site or any portion of it, with the written consent, or consent as provided in Article 14, of the owners of 65% of the Multiple Use Retail Site, on a square feet basis, provided, that (a) so long as any Party owns at least 15% of the Multiple Use Retail Site, no such termination, extension, modification or amendment shall be effective without the prior approval, written or as provided in Article 14, of such Party and (b) no further use restriction may be imposed upon or effective against any lot or parcel constituting a portion of the Multiple Use Retail Site without the written consent of the then current owner of such lot or parcel. Section 10.03. The provisions of Article 3 may be terminated, extended modified, or amended as to the whole of the Multiple Use Retail Site or any portion of it, only with the unanimous written consent of all Parties. Section 10.04. No termination, extension, modification, or amendment will be effective until a written instrument setting forth its terms has been executed, acknowledged, and recorded in the Office of the Recorder of Ada County. No such amendment, modification, extension, or termination will affect the rights of any mortgagee under a institutional mortgage or the trustee or beneficiary, r� R:\G6YBR96, 59J\SCHRANIIT\SONTUSE.RBV Joint Use Agreement - Page 9 under any institutional deed of trust constituting a lien on the Multiple Use Retail Site at the time unless the mortgagee or beneficiary and trustee consent to such, nor will any amendment, modification, extension, or termination be effective against such mortgagee, trustee, or beneficiary subsequent to its securing title to its encumbered parcel by foreclosure, unless the mortgagee, or trustee and beneficiary have consented in writing. No lessee, licensee, or other person having a possessory interest, other than a Party, will be required to join in the execution of or consent to any act of the Parties taken subject to this Section. Article 11 Not a Public Dedication Nothing contained in this Agreement will be deemed to be a gift or dedication of any portion of the Multiple Use Retail Site to the general public or for the general public or for any public purpose whatsoever, it being the intention of the Parties this Agreement will be strictly limited to and for the purpose expressed herein. Article 12 Severability If any clause, sentence or other portion of the terms, conditions, covenants, and restrictions of this Agreement become illegal, null, or void for any reason or be held by any court of competent jurisdiction to be so, the remaining portions will remain in full force and effect. Article 13 Notice All notices, statements, demands, approvals, or other communications to be given under or pursuant to this Agreement will be in writing addressed to the Parties at their respective addresses as provided below, and will be delivered in person at or by certified or registered mail, postage prepaid, or by telegraph or, cable, charges prepaid. If mailed or telegraphed, the notice will be deemed to have been given 24 hours after the date of mailing, or date of, delivery to the telegraph or cable company. The addresses of the Parties to which such notices are to be sent are as follows: See attached Exhibit D Re\06YRR96.599\SCRRANdP\SONTOS6.REV Joint Use Agreement - Page 10 Article 14 Approvals Whenever approval is required, unless otherwise provided here, it will not be unreasonably withheld. Except when unanimous approval is required or unless provision is made for a specific period of time it will be deemed to be 30 days, and if any Party neither approves nor disapproves within that period, the Party will be deemed to have given its approval. If a Party disapproves, the reason must be stated. When unanimous approval is required, automatic approval shall not be deemed by the silence of any Party. Article 15 Condemnation Any award, whether the same be obtained by agreement prior to, or during the time of any court action or by judgment, verdict or order resulting from or entered after any such court action, resulting from a taking or damaging by condemnation of the Multiple Use Retail Site or any portion, or portions of such, or any rights or interests in the Multiple Use Retail Site or any portion, or portions of such, or resulting in part by military or other public authority for any purpose arising out of a temporary emergency or other temporary circumstances, will be distributed among the Parties, or any other person having an interest in the award; in accordance with the terms and conditions of such agreement, judgment, verdict, or order; provided however, that the Parties or any other person having any interest in the award, or any of them, will, have the right to appeal any judgment, verdict, or order with respect to their or its respective interests. Article 16 Liens Wherever under the terms of, this Agreement any Party is permitted to perform any work upon the parcel of another Party, it is expressly understood and agreed that such Party will not permit any mechanics', materialmen's, or other similar liens to stand against the parcel on which such labor or material has been furnished in connection with any work performed by any such Party. The Party may bond and contest the validity of any lien, but on final determination of the validity and the amount of such, the Party will immediately pay any judgement rendered, with all proper costs and charges, and will have the lien released at such Party's expense. Article 17 Mutuality, Reciprocity Runs with Land Section 17.01. Each and all easements and rights granted or created here are appurtenances to the applicable portions of the Multiple Use Retail Site and none of the easements and rights may be I R:\GEYER96.599\SCRRA \TON SE. REV Joint Use Agreement - Page 11 transferred, assigned, or encumbered except as an appurtenance to such portions. For the purposes of the easements and rights, the property benefited will constitute the dominant estate, and the particular are in the Multiple Use Retail Site which respectively is burdened by such easements and rights will constitute the servient estate. Section 17.02. Each and all covenants, restrictions, conditions, and provisions contained in this Agreement (whether affirmative or negative in nature)are made for the direct, mutual, and reciprocal benefit of each parcel of land in the Multiple Use Retail Site; will create mutual equitable servitude upon each parcel of land in the Multiple Use Retail Site in favor of every other parcel; will constitute covenants running with the land, will bind every person having any fee, leasehold, or other interest in any portion of the Multiple Use Retail Site at any time or from time to time to the extend that such portion is affected or bound by the covenant, restriction, condition or provision in question, or that the covenant, restriction condition, or provision is to be performed on such portion; and will inure to the benefit of the Parties and their respective successors and assigns as to their respective parcels of land in the Multiple Use Retail Site. Section 17.03. The Parties, covenant that in each instance in which any of them ever conveys all or any part of their interest as Parties to all or any portion of the Multiple Use Retail Site to a grantee or lessee who will become thereby a new Party, the grantor in such instance will require the prospective new Party to agree not to use, occupy, or allow any lessee of such to use or occupy the premises in any manner which would constitute a violation or breach of the affirmative or negative covenants in this Agreement and require the new Party to assume and agree to perform each and all of the obligations of the conveying Party under this Agreement with respect to the portion of the Multiple Use Retail Site conveyed in fee to such new Party, in each case by a written instrument executed and acknowledged. On such assumption by a new Party the conveying Party will thereafter be released from any further obligation under this document arising thereafter with respect to the part of the Multiple Use Retail Site so conveyed to the new Party in compliance with this document. Each Party agrees to execute and deliver any necessary or appropriate further documents or, assurances to evidence the release for the purpose of recording or otherwise, which documents or assurances will be duly executed by the Parties or any grantee or lessee of either, as the case may be, to any such grantor or lessor. Article 18 Merchants' Association Section 18.01. The Parties may organize and sponsor a merchants association, for membership and the mutual benefit of the Parties and all merchants and businesses in the Multiple Use Retail Site. Provided such association is organized, the Parties are encouraged to actively participate in the operation of the merchants' association. j, R:\GEYSR96.59]\SCHR \J0H 56.R6V J Joint Use Agreement - Page 12 Covenants of the Developer 19.01. Schrandt Family Limited Partnership, LLP, covenants and agrees, subject to the provisions of the agreement that it will use its best efforts to: (1) Have the commercial area occupied in its entirety; (2) Have at all times a proper mix and balance of occupants; and, (3) Maintain the quality of management and operation not less than that generally adhered to in other similar Multiple Use Retail Sites in Idaho. 19.02. Schrandt Family Limited Partnership, LLP further covenants that the adjoining property (Adjoining Property) directly east of the Multiple Use Retail Site is presently owned by Schrandt Family Limited Partnership, LLP, and grants, subject to the provisions of the Agreement, nonexclusive easements as shown on the attached Exhibit E for the purpose of furnishing access and the right of access between the Adjoining Property and the Multiple Use Retail Site for customers, invitees, licensees, tenants, concessionaires of the Parties and the Parties and agrees to execute and record any documents necessary to effectuate said easements. Said access shall be available 24 hours a day. In the event that Schrandt.Family Limited Partnership, LLP ever conveys all or any part of its interest to all or any portion of the Adjoining Property, Schrandt Family Limited Partnership, LLP will convey said interest subject.to the above described easements for ingress and egress. In witness whereof the Parties have executed this Agreement on the date first above written. SCHRANDT FAMILY LIMITED PARTNERSHIP, LLP By: STATE O — 0.oCOW ) �/ ) ss. COUNTY OF GLQ�� ) On this sd,9— day of said State, personally app ,plrec known to me to be the VA 4. / f R:\GRRR96.590\SCHRAHDP\JONTUSR. PSN Joint Use Agreement - Page 13 1997 before me, a Notary Public in and for that executed this 1pU-!-1� instrument and the person who executed this instrument on behalf of said and acknowledged to me that such corporation executed the same. Ol�jwf Q IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first abgve-writteu. E ATTY I. CHUPP Notary OTARY PUBLIC tt Residing ATE OF IDAHO My Com My CiOmmiBebn Eviros 6-"& MERIDIAN TRUST By: 9, C • tn�ctie� STATE OF KPk1S ) ss. COUNTY OF A1�� ) expires Dated: in -a- 5 7 On this 2 _ day of C a 6" 1997, before me, a Notary Public in and for said State, personally appeared Ralph E. Taylor, known to me to be the Trustee of the MERIDIAN TRUST that executed this instrument and the person who executed this instrument on behalf of said MERIDIAN TRUST, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC — Sar e1 Kom maWENDY D. PAYTON n MY APPI. UP $' ' R:\GRYRR96.597\SCUR T\TGRTGSR.RIR Joint Use Agreement - Page 14 4C Notary Public to Residing at My Commission expires �• FROM :.MTC, Inc. Engineers&Surveyors PHONE NO. : 2083438967 MTC ENGINEERS - SURVEYORS McCARTER • T111 I FR e r Nr 77n� 707 N. 27TH ST. BOISE, IDAHO 83702 (208) 345-0780 FAX "gal Description Meridian Hollywood video Oct. 08 1997 01; 21PM P2 343-8967 A portion of Lots 15, 16 and 17 of Pleasant Valley Subdivision as filed in the office of the Ada County Recorder in Book 12, Page 665, located in the Northwest 1/4 of the Northwest 1/4 of Section 80 T.3N., R.1E., B.M., Ada County, Idaho, and more particularly described as follows= Commencing at a brass cap marking the Northwest corner of Section 8; T.3N., RJE., B.M., Ada County, Idaho; thence S 0(1°26'54" W along the westerly boundary of said Section 8, 256.15 feet to a point; thence leaving said westerly boundary of said Section 8, S 89'58756" E, 45.00 feet to an iron pin on the easterly right-of-way of North Locust Grove Road as per Instrument No. 97031850, and also being the REAL POINT.OF BEGINNING. thence N 00026'54!'E along said easterly righr-of-way, 198.90 feet on a line 45.00 feet easterly and parallel with the westerly line of said Section 8 to <1n iron pin; thence leaving said easterly right-of-way N 45'13'58" E, 28.18 feet to an iron pin on the southerly right-of-way of U.S. Highway 30 (Fairview Avenue); thence along said southerly right-of-way S 89058'54!'E, 33.79 feet to an iron pin; thence continuing along said southerly right-of-way S 89°32'43" E, 176.39 feet on a line 58.00 feet southerly and parallel with the centerline of U.S. Highway 30 (Fairview Avenue), as per Instrument No. 97031850 to an iron pin; thence leaving said southerly right-of-way S 00026'59" W, 217.40 feet to an iron pin; thence N 89058'56" W, 230.03 feet to the REAL POINT OF BEGINNING. Said parcel contains a calculated area of 1.15 acres, mor Saving and accepting all easements in use or of record. lob No. 97-459 ( �$. oclober B. 1997 AAWP51W7-459P1,Ie8 FRAM : MTC, Inc. Engineer purveyors MTC 1-W I t:N • 707 N. 27TH ST PHME No. : 2083438967 - Sep. 19 1997 ti3: 19" P3 NGsvFER$ - $iJWI F Y( N%5 � - ER • CHRONIC, INCORPORATED IDAHO 83702 (20 8) 3450780 ♦ AX [2081343.8967 Legal Description Proposed Nrcei No. 2- Schrandt Investment Company A portion of Lots 14 and 15 of Pleasant Valley Subdivision as filed in tite office of the Ada County Recorder in Book 12, Page 665, located in the Northwest !4. of the Northwest K of Section 8, T.3N., R.IF—, B.&!., Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap marking the Northwest corner of Section 8, T,3N, R.1E, B.M., Ada County, Idaho; thence S 0002654" W along the westerly boundary of said Section 8, 256.15 feet to a point; thence leaving said westerly boundary of said Section S. S 89°58'56' B, 275.03 feet to an iron pin, said pin being the REAL POINT OF BEGINNING. thence N 0002659" E, 217.40 feet to an iron pin on the southerly right-of-way of US. Highway 30 (Fairview Avenue); thence S 89°32143" E on a line 58.00 feet southerly and parallel with the centerline of U.S. Highway 30 (Fairview Avenue) as per Instrument No. 97031850, 155.33 feet to an iron pin; said pin marking a_ point on said rigth-of--way that is common to Lots 13 and 14 of said Pleasant Valley Subdivision; thence S 00026459" W along the easterly line of said Lot 14, 216.22 feet to an iron pin; thence leaving said easterly line N 89058'56" W, 155.33 feet to the REAL POINT OF BEGINNING. Said parcel contains a calculated area of 0.77 acres, more or less. Saving and accepting all easements of record or in use. Job Ne, 97-441 June 25, ta97 f tiAWMW7•4402.1cg i. x''l''� !� r PROM MTC, Inc. En91nea1 MTC — 4 '�� MCCARTE 707 N. durvegors RC* M. : 2083438467 1 ULLCH • Q ST. BOLSE. CAPO U702 Legal Description Proposed Parcel No. 3 3chrandt investment Compstny Sep. 10 1997 03:20PM P4 FAX (208) 3A3•8%7 A portion of Lots 14 and 15 of Pleasant Valley Subdivision as filed in the Office of the Ada County Recorder in Book 12, Page 665, located in the Northwest A of the Northwest % of Section 8, T3N., R.IE., B.M, Ada County, Idaho, and mote particularly described as follows; Commencing at a brass cap marking the Northwest corner of Section 8, T.3N, R. IF—, 13.M., Ada County, Idaho; thence S 00°26'540 W along the westerly boundary of said Section 8, 256.15 feet to a point; thence leaving said westerly boundary of said Section 8, S 89°58'56" E, 237.68 feet to an iron pin, said pin being the REAL POINT OF BEGINNING. thence continuing S 89958'56" E 192.68 feet to an iron pin; said pin being on the line common to Lots 13 and 14 of said Pleasant. Valley Subdivision; thence S 00°.26'59" W along the line common to said Lots 13 and 14, 168.85 feet to an iron pin on the northerly right-of-way of Wilson Lane marking the corner common to said lots 13 and 14; thence N 89'58'56" W on a line 30.00 feet northerly and parallel to the centerline of Wilson Lane, 19168 feet to an iron; thence leaving said northerly right-of-way N 00°26'57" E, 168.85 feet to the REAL POINT OF BEGINNING. Said parcel contains a calculated area of 0.75 acres, more or less. Saving and accepting all easements of record or in use. lob No. 91.444 June 35. 1Y77 &%W1'S1197J44P3.kt r A FROM : MTC. Inc. Engir .> purveyors MTC PHCIt E NO. : 2033439967 707 N 27TH Si. BOISE. !UA - .. I V . q %A' III HO 83702 f208) 3-4&078o fax Leal Description Propased Parcel Na. 4 Scl randt Investment Company SeP. t0 :997 03:22FM P5 343.8967 A portion of Lots j5,16, and 17 of Pleasant VRI1ey Subdivision as filed in the office of the Ada County Recorder in Book 12, Page 665, located in the Northwest %4 of the Northwest %4 of Section 8, T.3N., R.IE., B.M., Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap marking the Northwest corner of Section S, T_3N R.1E, B.M., Ada County, Idaho; thence S 00026'54" W along the westerly boundary of said Section 8, 256.15 feet to a point; thence leaving said westerly boundary of said Section 8, S 89^5 E,.237.68 feet to an iron pin, said pin being the RFAL POINT OF BEGINNING.8'56" thence S 00°26'57' W, Wilson Lane; 168.85 feet to an iron pin on the northerly tight -of -way of thence N 89°58'56^ W on a litre 30.00 feet northerly and parallel to the centerline of Wilson Lane, 17253 feet to an iron pin; thence leaving said northerly right-af--way N 44°4601^ W, 28.39 feet to an iron pin on the ensterly right -4 --way of Nonh Loeust Grove Road; thence N 00°2654" B on a line 45.00 feet easterly and parallel to the centerline of North Lrxust Grove Road as per Instrument No. 97031850, 148.70 feet to an iron pin; thence leaving said easterly right-of-way, S 89"58'56' E, 192.68 feet to the REAL POINT OF BEGINNING. Said parcel contains a calculated area of 0.74 acres, more or Saving and accepting all easements of record or in use. {(,' Job No. 97-144 rune 23. 1'M7 A1\WI'51W7-44P1 I4s gz '0 n vZ .o n vs V moms . ri 0L3 XI - T � i 00'i6'Sn-w i�B.IS_ T 11 b J Gi b N V U G y` F U L! Q O �Z nO v Q L 1 � 7s .. EXHIBIT "B Utilities will be located within the approximately 30 ft. wide access areas as described in Exhibit "A" and at such other points as may be agreed upon by the Parties to this agreement, their heirs, successors, or assigns. Exhibit "C" No Rules and Regulations are presently in effect. MTC 707 N. 27TH Si. BOISE. IDAHn ao-7n RONIC, INCORPOI !08) 345-0780FAX (2081343-8967 Legal Description Schrandt Property Reciprocal Easement Commencing at a brass cap marking the Northwest Corner of Section 8, T.3N., RJE., B.M_ , Ada County, Idaho; thence S 00026'54" W along the westerly boundary of said Section 8, 256.15 feet to a point- thence leaving said westerly boundary of said Section 8, S 89°58'56^ E, 45.00 feet to an iron pin on the easterly right-of-way of North Locust Grove Road as recorded in Instrument No. 97031850, said pin being the westerly pin common to Parcels 1 and 4 as established by Record of Survey No. 3965 as recorded in Instrument No. 97062760 in the records of the Ada County Recorder, and the REAL POINT OF BEGINNING. thence S 00026'54" W along the West boundary of said Parcel 4, 15.00 feet to a point; thence S 89058'56" E, 192.68 feet to a point on the boundary line between Parcels 4 and 3; thence continuing S 89058'56" E, 192.68 feet to a point on the East boundary line of Parcel 3, said line also, being the boundary line common to Lots 14 and 13 of Pleasant Valley Subdivision as filed in the offi 12, Page 665; ce of the Ada County Recorder in Book thence N 00026'59" E along said line, 15.00 feet to an iron pin, said pin marking the East corner common to Parcels 2 and 3; thence continuing N 00026'59" E, 15.00 feet to a point; thence N 89058'56" W along a line parallel to (lie boundary line common to Parcels 2 and 3, 140.33 feet to a point, said point being common to Parcels 2 and 1; 15.00 Feet easterly of the line thence N 00°26'59" E along a line parallel to said common parcel line, 202.29 feet to a point on the southerly right-of-w;ty of the above mentioned U. S. Highway 30; thence N 89°32'43" W along said right-of-way 15.00 feet to an iron pin, said pin marking the northerly corner common to Parcels 2 and 1; j, Job No. 97-444 Augual 12, 1997 P39C - I of 2 A:V W I'5 mC11(necCa.Icg UIbiTL F1 thence continuing N 89°32'43" W, 15.00 feet to a point; thence S 00026'59" W along a line parallel to boundary line common to Parcels 1 and 21 202.52 feet to a point, said point being 15.00 feet northerly of the boundary line common to Parcels 1 and 4; thence N 89058'56" W along a line parallel to said common Parcel line, 215.03 feet to a point on the boundary line common to Parcel 1 and the right-of-way line for Locust'Grove Road; thence S 00°26'54" W along said line, 15.00 feet to an iron pin marking the REAL POINT OF BEGINNING; r- Job No. 97-444 August 12, 1997 A:\W P51\SchRccfa.lcg Page - 2 of 2 Isn p FAIH N I ,3 3 „C0�10.00 N 0 00•fS w I cu n d of _j L__� JA U I n 00 BZ Go I w NI I p � IN L L 713 9'L'9•f.10.00N 0FL lo ATF ITM I �f �fs'aE7 l y 0'6 I ILIgOI (\II I I I I I I I I I Rs ZZ'9tZ — Sl Sl S8'89t I 0f W� WI<I t, Lr LLUn ^ 3 o ,cr) P '< tom— bR'SRf �+in 0 100 W N 3 „6S.9Z.00 N 00i v,�i rn tr_ u) W 100 ¢ni ut 6Z'ZOZ J z I n to Li tv O b G LZ LO 3 ,.6S,9Z.00 N I Ln7 Z9'6707 — Z9'9Rf I SR B91 y - I rn 3 „69.92.00 M — -- 3_19.9Z.00 N in in ^� N LL I (� (O O (n I LD I w(0 of o 'n Ln N I W Lri ; Urn — 3 I d- W In J O 0 rn NI to Z I N N O) \ I muL F d drn — I InLO O WM n 00 C) —�" o W d- ui co T- N Q 3 „6S,9Z.00 N —I tn n rn o of ,o! c) �r I C6 :t T lf) I N /n�68'JCC 'f O] I `lt I 09'�Sl G bf M „bS,97..00 S m .�3 „49,89.68 _ _ oo'sb_ 3A0(11) Lsmnl — sis •z M br lb �Fl d 5 O e "i CITY OF CUridicn `l 33 E. Idaho Ave. \\A Meridian, ID 83642 Date 5" -ZZ -04 Applicant J f �� "r' -1L 1PCYT Address c,g . J� 20Z C3 70L I Phone qr • 1 1 1 1 I I 5 O� 1 1 I 1 1 1 1 1 1 1 1 I I PAYMENT DOES NOT INDICATE ACCEPTANCE OF APPLICATION TAX I 7573 RRYeceivod SllldyFealumaln[Iude, L{/ �¢lallson hau% CITY OF CUridicn `l 33 E. Idaho Ave. \\A Meridian, ID 83642 Date 5" -ZZ -04 Applicant J f �� "r' -1L 1PCYT Address c,g . J� 20Z C3 70L I Phone CASH CHECK #p NAME ON CHECK IF DIFFERENT THAN APPLICANT Cho �0 DESCRIPTION • 1 1 1 1 I I 1 1 I 1 1 1 1 1 1 1 1 I I PAYMENT DOES NOT INDICATE ACCEPTANCE OF APPLICATION TAX I 7573 RRYeceivod TOTAL /Z I r,^veg ua sllelsp a 'pxpnpulsernlaaj/{p—. Ln Ln Ir S C� O IT m M Ln a CITY OF eridiTn \\t33 E. Idaho Ave. M T eridian, ID 83642 Date Applican Address .� 7� Phone CASH CC/H�ECK # NAME ON CHECK IF DIFFERENT THAN APPLICANT DESCRIPTION I I (n �I rfC IAV I I I I Q I J I I I 0 1 I 0 I I I — I i I I O I I O N o � PAYMENT O *� I N � /F0 v � � Ln Ln Ir S C� O IT m M Ln a CITY OF eridiTn \\t33 E. Idaho Ave. M T eridian, ID 83642 Date Applican Address .� 7� Phone CASH CC/H�ECK # NAME ON CHECK IF DIFFERENT THAN APPLICANT DESCRIPTION I I e �I rfC IAV I I I I I I I I I 1 I I I I — I i I I I I I I I I PAYMENT DOES NOT INDICATE ACCEPTANCE OF APPLICATION TAX I Received 810 2 TOTAL /F0 CUniidv m: ian�•I. r % 4, .aV res Planning Department ALTERNATIVE COMPLIANCE ■ Application Checklist Project name: ' 1 �eddl eS add . File Pi1'crj Applicant/agent: 'Q,1'(it t l �� All applications are required to contain one copy of the following unless otherwise noted: Applicant Description Staff Completed & signed Administrative Review Application t/ Narrative fully describing the proposed request including the following: ➢ The specific requirements that are proposed to be modified _ ➢ Address the reason why strict adherence or application of the requirements are not feasible ➢ Demonstrate how the proposed alternative means for compliance with the specific requirements provides an equal or superior means of meeting the intent and purpose of the regulation Fee THIS APPLICATION SHALL NOTBE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. affi'c6v1+ o[ le2p�I in -h 4 included In Cff4cck of zoning compIpance. recduir-emo I,, package, 660 E. Watertower Lane, Suite 202 a Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridimcity.org 1'ri t en /a*n ° mato `y T Planning Department CERTIFICATE OF ZONING COMPLIANCE Application Checklist All applications are required to contain one copy of the following unless otherwise noted: Applicant Staff Description � Completed & signed Administrative Review Application �! / Narrative fully describing the proposed use of the property, including the following: V ➢ Information on any previous approvals or requirements for the requested use i.e., applicable conditions of approval or Development Agreement) Recorded warranty deed for the subject property Affidavit of Legal Interest signed & notarized by the properly owner (Ifo ei•1s a corpomtigri, submit a= of the Anicles of Inco oration or other evidence to show that the person signin is aRauthnr'd a ent. Scaled vicinity map showing the location of the subject property ZX Sanitary Service Company approval for trash enclosure & access drive (stamped siteplan) A photometric test report for any light fixture(s) with a maximum output of 1,800 lumens QXS or more see UDC 11-3A-11 AOX Site Plan -4 copies (folded to 8 %:" x 11" size) The following items must be shown on the siteplan: • Date, scale, north arrow, and project name (scale not less than f"=50') • Names, addresses, and telephone numbers of the developer and the person and/or firm preparing the plan - r� • Parking stalls and drive aisles - Trash enclosures location �. • Detail of trash enclosure must he screened on 3 sides) V/• Location and specifications for underground irrigation (Pressurized iaigation can only be waived if you prove no water rights exist to subject property) • Sidewalks or pathways (proposed and existing) • Location of proposed building on lot include dimensions to property lines 27($ • Fencing (pmposed and existing) • Calculations table including the following: ✓ ➢ Number of parking stalls required & provided (specify handicap & compact stalls) ✓ ➢ Building size (sq. ft.) ✓ ➢ Lot size (sq. ft.) </ ➢ Setbacks ➢ Zoning district • Reduction of the site plan 8 %:" x 11" Landscape plan— 3 copies (folded to 8 %:" x 11" size) Plan must have a scale no smaller than I " = 50'(1 " = 20' is preferred) and be on a standard eX drawing sheet, not to exceed 36"x 48" (24"x 36" is preferred). A plan which cannot be drawn in - pkt4j its entirety on a single sheet must be drawn with appropriate match lines on two or more sheets. The following items must be included on the landscapeplan: 1 • Date, scale, north arrow, and project name • Names, addresses, and telephone numbers of the developer and the person and/or firm preparing the plan 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 9 Facsimile: (208) 888-6854 • Website: www.mcndiancity.org 7 --�7 S37S ACHD Acceptance: Applicant shall be responsiblefor meeting the requirements ofACHD as theypertain to this application. All impactfees, if any, shall be paid prim• to the issuance of building -permit. If any changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning & Zoning Departmentfor approval prior to the issuance ofa buildingpertnit. Your buildingpermit will not be issued until ACHD has approved your plans and all associated fees have been paid. THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. • Existing natural features such as canals, creeks, drains, ponds, wetlands, flood Tains, high groundwater areas, and rock outcroppings. _ • Location, size, and species of all existing trees on site with trunks 4 inches or greater in diameter, measured 6 inches above the ground. Indicate whether the tree will be retained or removed. • A statement of how existing healthy trees proposed to be retained will be protected from damage during construction • Existing structures, planting areas, light poles, power poles, walls, fences, berms, parking and loading areas, vehicular drives, trash areas, sidewalks, pathways, stonnwater detention areas, signs, street furniture, and other man-made elements. / • Existing and proposed contours for all areas steeper than 20% slope. Berms shall be shown with one -foot contours. • Sight Triangles as defined in 11-3A-5 of this ordinance.t • Location and labels for all proposed plants, including trees, shrubs, and i groundcovers (trees must not be planted in City water or sewer easements). Scale shown for plant materials shall reflect approximate mature size • A plant list that shows the plant symbol, quantity, botanical name, common name, minimum planting size and container, tree class (I, II, or III), and comments (for spacing, stakin , and installation as appropriate). • Planting and installation details as necessary to ensure conformance with all required standards. t • Design drawing(s) of all fencing proposed for screening purposes • Calculations of project components to demonstrate compliance with the requirements of this ordinance, including: _ ➢ Number of street trees and lineal feet of street frontage ➢ Width of street buffers (exclusive of right-of-way) ➢ Width of parking lot perimeter landscape strip ➢ Buffer width between different land uses (if applicable) ➢ Number of parking stalls and percent of parking area with internal landscaping ➢ Total number of trees and tree species mix ➢ Mitigation for removal of existing trees, including number of caliper inches being removed ' Reduction of the landscape plan 8 A" x 11" ✓ ' Building elevations showing construction materials rt Fee f this project had prior approval on a site plan, reduced fees may apply) S l2S S37S ACHD Acceptance: Applicant shall be responsiblefor meeting the requirements ofACHD as theypertain to this application. All impactfees, if any, shall be paid prim• to the issuance of building -permit. If any changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning & Zoning Departmentfor approval prior to the issuance ofa buildingpertnit. Your buildingpermit will not be issued until ACHD has approved your plans and all associated fees have been paid. THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. transmittal API toerstad ARCHITECTS 420 main street, suite 202 boise, idaho 83702 • phone 208.331.9031 • fax 208.331.9035 • email:mail@erstadarchitects.com fax ❑ mail ❑ hand -deliver ® pick-up ❑ overnight ❑ date: 4/20/2006 to: kristy vigil city of meridian planning & zoning from: taryn wheeler erstad architects re: 1500 n locust grove certificae of zoning compliance copy to: Kristy For our certificate of zoning compliance attached find: (1) alternative compliance letter (4) updated site plan drawings (1) application fee thank you please contact me if you need any other information taryn wheeler project M 060207 fax M # pages transmittal erstad ARCHITECTS 420 main street, suite 202 boise, idaho 83702 • phone 208.331.9031 • fax 208.331.9035 • email:mail@erstadarchitects.com fax ❑ mail ❑ hand -deliver date: 3/22/2006 to: city of meridian from: erstad architects taryn wheeler re: 1500 n locust grove certificate of zoning compliance copy to: attached find: pick-up ❑ overnight ❑ project M 060207 fax M # pages Certificate of zoning compliance requirements (4) site plan drawings (3) landscape drawings Please understand that the landscape drawings are a copy from the previsous building permit submission in 2000. It is the only information regarding landscape that we have available. Erstad Architects is not responsible for the contents. thank you please contact me if you might need any other information. taryn wheeler transmittal erstad ARCHITECTS 420 main street, suite 202 bolse, idaho 83702 • phone 208.331.9031 • fax 208.331.9035 • email:mail@erstadarchitecls.com fax ® mail ❑ hand -deliver ® pick-up ❑ overnight ❑ date: 5/16/2006 project M 060207 to: kristy vigil fax #: city of meridian from: taryn wheeler # pages erstad architects re: copy to: Kristy: For our certificate of zoning compliance attached find: (1) application checklist (1) updated alternative compliance letter (4) updated site plans and (1) reduction (3) updated landscape plans and (1) reduction (2) sight triangle attachments p; �/VLP�f7U�1C111 �� ivy innoo of Review ❑ Accessory Use Alternative Compliance Certificate of Zoning Compliance ❑ Conditional Use Permit Minor Modification ❑ Design Review ❑ Property Boundary Adjustment ❑ Short Plat ❑ Temporary Use Certificate of Zoning Compliance ❑ Time Extension (Director) ❑ Vacation ❑ Other Information Planning Department ADMINISTRATIVE REVIEW APPLICATION STAFF USE ONLY: File nu mber(s): C Project name:/ &ud -0J,2 V4(k"-( ,J,AUt Date filed: 3^ZZ-0Date complete: 11- I Assigned Planner: Kks r Qy.,17 Related files: Applicant name:�r1�L,b�m,Q,r / 1 Applicantaddress:_p•o• box 21L& t Q�Q Id Applicant's interest in property: 0Own ❑ Rent ❑ Optioned ❑ Other Phone: _ a(OU - 41 1 0 Owner name: 5;Q" I. GS Phone: Owner address: Zip: Agent name (e.g., hit it, engineer, developer, representative): eX s'bT d Finn name: _1t—ULJi 6 ifr Phone:: - Address: V-0 m(,1.f1 Sf . I of C2. I Zip: Primary contact is: ❑ Applicant )q Owner ❑ Agent ❑ Other Contact name: E-mail: + Information Location/street address: Phone: 6 6007 —96 9 9 Fax: ,3q2 — l yyq Assessor's parcel number(s): K Township, range, section: .3N I E05I / Total acreage: JL12 Q� G Current land use: Com I"YLQ.17.1 a A Current zoning district: C. 660 E. Watenower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www meridiancity ore 1 Project/subdivision name: General description of pre Proposed zoning district(s): Acres of each zone proposed: Type of use proposed (check all that apply): ❑ Residential XCommercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable):_ na. Who will own & maintain the pressurized irrigation system in this development? CI n -s' WI I (k,f Which irrigation district does this property lie within? (mid lCeX1 jYYIac dio VA Primary irrigation source: P P111 C Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): ZYU Residential Project Summary (if applicable) Number of residential units: Number of common and/or other lots: Number of building lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): Percentage of open space provided: Percentage of useable open space: 2 or more Bedrooms: Proposed building height: _ Average property size (s.f): Net density (DU/acre-excluding mads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots:_ Gross floor area proposed: Other lots: Existing (if applicable): Homs of operation (days and hours): Building height: Percentage of site/project devoted to the following: Landscaping: Building: Total number of employees: Paving: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Total number of parking spaces provided: Authorization Print applicant name: Applicant signature: - Seating capacity: Number of compact spaces provided: Date: 7 -2Z -of - 660 -12-o6 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancitv.ore 2