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Lee Family Fireworks CZC 06-095 f; GtvvP oU;;;;dian IDAHO >'~, '\., r'/ ) V t /tf! /9 RECEIVED JUN 0 9 2006 City of Meridian City Clerk Office CERTIFICATE OF ZONING COMPLIANCE* Date: June 8, 2006 Project Name: Lee Family Fireworks - CZC-06-095 Owner: Tim Thornton (Holly Cawley - Applicant) Site Address: Northeast comer of Linder and Franklin Road Proposed Use: Temporary Use for a fireworks stand from June 20. 2006 to July 6,2006 Zoning: C-C Comments: Conditions of Approval: · This temporary use is allowed from June 20.2006 to July 6. 2006 (UDC 11-3E-4A2). · All structures and/or the display of merchandise shall comply with the setback requirements of the district within which it is located (UDC 11-3E-4BI). · Temporary structures and merchandise shall be displayed so as not to interfere with the clear vision triangle. In no case shall items be displayed, or business conducted within the public right-of-way, unless otherwise authorized by the Transportation Authority. · A maximum of one (I) structure shall be allowed and may cover a maximum of five hundred square feet (11-3E-4Cl). FUrthermore, the proposed temporary structure of 128 square feet is approved. · The use shall not result in the construction of any permanent structures that would not otherwise be permitted subject to the regulations of this Title (UDC 11-3E-4C2). · Any temporary structures shall be portable and completely removed at the end of the allowed time period (UDC 11-3E-4C3). · The applicant shall obtain any necessary building permits (UDC 11-3E-4C4). · One (1) caretaker unit in a trailer or recreational vehicle may be allowed on the site only for the purpose of security and maintenance of the site (11-3E-4DI). Furthermore, the unit shall be completely removed at the end of the allowed time period (l1-3E-4D2). · Adequate off-street parking shall be provided to serve the use (UDC 11-3E-4El). . . . . . The use shall not displace the required off-street parking spaces or loading areas of the principal permitted uses on the site (l1-3E-4E2). The entrance and exit drives shall be designed to prevent traffic hazards and nuisances (11-3E-4E3). . . The surface used for parking is a compacted gravel and does not meet the required standards in UDC 11-3E-4E4 and 11-3E-5E. However. the applicant is proposing to water down the parking area on a daily basis for dust abatement. Staff is willing to consider this as a "dustless" surface on a trial basis. Therefore. Staffhas approved the applican~s request to water the site with the following conditions: o The approval is for the 2006 season: June 20. 2006 through July 6. 2006~ o Inspections will be done sporadically during the 2006 season to see if the watering is effective. All signs erected in association with the use shall be in compliance with the regulations for signs, Chapter 3 Article D SIGN REOUlREMENTS of the Meridian City Municipal Code (UDC 11-3E-4F). Compressors, fans, pumps, and other motorized equipment shall be located or shielded to reduce noise levels to adjoining properties (11-3E-4G). The site shall be returned to a clean condition after the termination of the use, including free of debris and garbage (UDC 11-3E-4Hl). Fireworks stands shall be prohibited in residential districts (11-3E-5A). The applicant or owner shall obtain written approval of the Meridian City Fire Department (ll-3E-5B). Dates of fireworks sales shall comply with Idaho Code S 39-2606 (1l-3E-5C). Applicant shall comply with the standards for access as determined by the Transportation Authority (1l-3E-5D). The use shall comply with any guidelines, regulations and permitting process required by any authorizing public agencies, including but not limited to, the Central District Health Department, Transportation Authority, and Meridian City Departments. Contact Joe Silva, the City Fire Marshal, at 888-1234 for Fire Department standards and regulations. Comply with all other applicable City Code. /1' a :(J KriSty{igil~ Lj 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., Idaho Transportation Department, etc. This letter shall expire one (1) year from the date of issuance if work has not begun. Applicant Information Applicant name: Applicant address: (' Applicant's interest in property: 0 Own ment 0 Optioned ::;:::" ~gnf~~tJ~X- (DIve!. Agent name (e.g., architect, engineer, developer, representative): Firm name: N A Address: Primary contact is: 5tA.pplicant 0 Owner 0 Agent 0 Other Contactnam,dloJ ~ ~1li~ E-mail: en healA A . " (') m ". , oW;;;jial1 :JY '~\ ~ ID^HO I"" ~ y .., ~')-;;t:....-+ rC;; ~tu:r . l~:tI Type of Review Requested (check an that apply) o Accessory Use o Alternative Compliance o Certificate of Zoning Compliance o Conditional Use Permit Minor Modification o Design Review o Property Boundary Adjustment o Short Plat IStTemporary Use Certificate of Zoning Compliance o Time Extension (Director) o Vacation o Other Planning Department ADl\1:ll{[STRATIVE REVIEW APPLICATION Phone: -:::l oC( -([;154 Zip: S? ?>LQY- z.. o Other Phone: L/2 q- ?fbd3 Zip: 2' '3 '7 Ol(J -:It 'Z-C)D Phone: Zip: Subject Property Information Location/street address: Assessor's parcelnumber(s): ,iowil~hip, range, section: Current land use: ---;.. , Phone:~~ Fax: 2~8'"-Z~~ c -C-- elUTent zoning district: 660E. WatertowerLane, Suite 202 . Meridian, Idaho 83642 Phone: (208) 884-5533 . Facsimile: (208) 888-6854 . Website; W\vw.mer:idiancitv.org 1 Project Description Project/subdivision name; tJA General descdption ofpropo;ed project/request 6'1'<'"-~ Clr-b. ~~ CI;;;;'8 I{+ ) = Proposed zoning district(s): Acres of each zone proposed: Type of use proposed (check all that apply): o Residential 0 Commercial 0 Office 0 Industrial 0 Other Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source: Secondary: S quare footage of landscaped ~eas to be inigated Of primary or secondary point of cOlUlection is City water): Residential Project Summary (if applicable) Number of residential units: I\J ,A Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: 2 or more Bedrooms: Number of building lots: Minimum square footage ofstructure(s) (excl. garage): Proposed building height: Minimum property size (s.f): Average property size (s.f.): Gross density (DUlacre-totaI land); Net density (DUlacre-exc]uding roads & alleys): Percentage of open space provided: Acreage of open space: Percentage of use able 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: 0 Single-family 0 Townhomes 0 Duplexes 0 Multi-family Non-residential Project Summary (if applicable) Number of building lots: f\f A Other lots: Existing (if applicable): Building height: Gross floor area proposed: Hours of operation (days and hours): Percentage ofsite/project devoted to the following: +':;~:.'~..c Landscaping: . Building: Paving: Total number of employees: Maximum number of employees at anyone time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: Number of compact spaces provided: Authorization a ertower Lane, Suite 202 Facsimile: (208) 888.6 - 2 te: eridlan, Idaho 83642 · Website: www.rneridiancitv.org Print applicant name: Applicant signature: The purpose of the temporary use permit is for the sole purpose of selling fireworks through the Lee Family Fireworks. This has been a location that the Lee Family Fireworks has used for the past several years for this purpose. The dates for the sale of fireworks is from June 20th through July 6th. Lee Family Fireworks shall remove the trash off-site everyday therefore the Sanitary Service Company will not have to make any stops at the location. The property has compact gravel onsite. If this isn't sufficient Lee Family Fireworks is willing to wet down the area everyday during the duration of the Temporary Use Certificate and Permit. ,~0 ...... -.... "<. ,- ~.".~,.r,,:.,,~:,..';,~:'.:.::~.~..~.~.~.':f..~.:;,.~.it"~,. ~~\" ?~~:~::i::.,~~.., ~! :,mftle.Qu:.",:,~ t~\H~JH:~J;~~~;~~;~~.~~::~: ~----..... ADA COUNTY RECORDER J. DAViD NAVARRO AM~UNi~- ~ ~ ~~W~WA~~kffJ1s~~05 04:50 PM fo'~ ~ RECORDED-REQUEST OF lIIlfJllfrflIlIIIlfffllfllffll/fIf III Tille One 1 BS026938 ;. Order No.: A0536488 WARRANTY DEED i. ~ .'- ~.... "I~ , 11'l FOR VALUE RECEIVED, FIeR, LLC, AN IDAHO LIMITED LIABILITY COMPANY The Grantor{s), do(es) hereby grant, bargain sell and convey unto TIM THORNTON, AN UNMARRIED MAN whose current address is 600 E. RIVERPARK LANE, SUITE 200, BOISE, 1D 83706 the Grantee(s), the following described premises, in Ada County, Idaho, TO WIT: A tract ofland situated in the Southwest Quarter of the Southwest Quarter of Section 12, Township 3 North, Range] West, Boise Meridian, Ada County, Idaho, more particularly described as follows: SEEA1TACHED LEGALDESCRlPTlON MARKED EXHIBIT "A" WHICH BY THIS REFERENCE BECOMES A PART THEREOF AND CONSISTS OF ONE (1) PAGE. TO HA VE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And [hc said Grantor{s) do(es) hercby covcnant to and with the said Grantec(s), that (s)he is/are the owner(s) in fee simple of said premises; that they are free from all encumbrances EXCEPTtnose to which this conveyance is expressly made subject and thosc made, suffered or donc by the Grantee(s); and subj cct to all existing patcnt reservations, easements, riglll(S) of way, protective covcnants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility easements (if any) for the current year, which are not due and payable, and that Grantor{s) will warrant and defend the same from all lawful claims whatsoever. ~ CR, LLC STATE OF IDAHO COuNTY OF ADA ON THfS $14' DAY OF MARCH, IN THE YEAR 2005, BEFORE ME, THE UNDERSIGNED, PERSONALLY APPEARED G. MATTHEW THOMAS, KNOWN OR IDENTIFIED TO ME TO BE THE MANAGER OR MEMBER OF THE LIMITED LIABILITY COMPANY THAT EXECUTED THE INSTRUMENT OR THE PERSON(S) WHO EXECUTED THE INSTRUMENT ON BEHALF OF SAID LIMITED LIABILITY COMPANY, AND ACKNOWLEDGED TO ME THAT SUCH LIMITED LIABILITY ~j\NY EXECUTED THE SAME. j ~ . ~ /j... ~~ .....,.... L./~t4..t n . "-{.:td~ L. s~ 'r~.,. !ANNA L. STORK ." .~'\:................o"'l :'... COMMISSION EXPIRES; 01/23/~8/Vl ~OT A~ r \1' t RESIDfNG AT: ~ ....i -..- ! * f .~ ... J>Vrn,\C l : ....~ (,,1"lI, ,..... ?- 0 L~ v, ....:.. '::'\~..~".,..~ :;:,'>;: ... ~t:' r- :". .' " /~ r EXHIBIT "Au A tract of land situated in the Southwest Quarter of the Southwest QUarter of Sectioll 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Southwest corner of Section 12, Township 3 North, Range 1 West of the Boise Meridian, in Ada County, Idaho, the REAL PLACEOF BEGINNING; thence . North 0"04' West along westerly boundary of said Section 12 for a distance of 327.37 feet to a point in Linder Road; thence North 87"50' East along North side of existing East-West fence for a distance of 354.25 feet to a 1" angle iron pin; thence South O~O7' West for a distance of 342 feet to a point in South boundary of said Section 12 (which Is in middle of U. S. Highway #30 and Franklin Road); thence North 89048' West along South boundal)' of said Section 12 for a distance of 353.08 feet to the REAL PLACE OF BEGINNING. EXCEPTING THEREFROM: A tract of land as set forth in an Order of Condemnation and Judgment recorded September 9, 2002 as Instrument NO.1 02102595, and being situated in the Southwest Quarter of the Southwest Quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as farrows: Beginning at the Southwest corner of Section 12, Township 3 North, Range 1 West, Boise Meridian, being the Southwest corner of said parcel and the REAL POINT OF BEGINNING; thence North 00031'24" East along the West property line of said parcel and the West line of said Section 12 a distance of 327.37 feet to the Northwest corner of said parcel; thence North 88022'23" East along northerly property line of said parcel distance of 25.02 feet to the easterly right~of-way of Linder Road; thence continuing North 88Q22'23" East along said northerly property line a distance of 11.01 feet to a point; thence South 00Q31 '24" West along a line parallel with and 11.00 feet easterly of the easterly right-of-way of Under Road a distance of 249.49 feet to a point; thence South 42Q47'35" East a distance of 51.54 feet to a point; thence South 89"15'35" East along a line parallel with and 12.00 feet northerly of the northerly right-of-way line of Franklin Road a distance of 281.83 feet to a point on the easterly property line of said parcel; thence South 00040'40" West along said easterly property line a distance of 12.00 feet to a point on the northerly right-of-way of Franklin Road; thence continuing South OOQ40'40" West a distance of 30.00 feet to the southeast corner of said parcel and the South line of said Section 12; thence North 89Q15'35" West along the South property line of said parcel and said Section line a distance of 353.08 feet to the POINT OF BEGINNING. Exhibit "A" Legal Description RECEIVED FROM COMMERCIAL LEASE AND DEPOSIT RECEIPT <{ff~-' Gr}JL( L- 4' f-~_<. c-' .:)'J r H~~r'D :;.....i[; w c:( (",r:..;' ( .," Lt'O()- r , hereinafter referred to as lESSEE, the sum of $ dollars), evidenced by as a deposit which shall belong to lessor and shall be applied as follows: , .., 0'-0'<' { n wo[' TOTAL RECEIVED BAlANCE DUE PRJORTO OCCUPANCY R tf. th . d~ J(.",e - it Jt,( l. $ (Jc:h:1- $ $ '-(C/O S:~Uri: deep~:;;~n~~oa~PIi~ab~e tow~rd I~Pmo~~h;~';~~;)'::::::: $ l $ $ , .- other ........................................................................................$ $ $ TOTAl......................................................................................$ ';1 c.7/J $ $ c.r {.1t1 _ In the event this Lease is not accepted by the Lessor within_days, the total deposit received will be refunded. Les:;;ee offers to lease from lessor the premises situated in the ity of N\.t"r ~ 0. Ct:vJ ,County of ~ (;0,- State of -::roQ~v.. C' described as - I. ",' Fr.:tJt.:" L".;) ~~.)..&.r' upon the following terms and conditions: 1. TERM: The term will commence ~IO Ii u~ ~-C) ,20L. and shall terminate with 15 d~y 'Witten notice. r::)~.J ..JulJ Elf "41.;" ( 2. RENT: The total rent will be $ (-(0<1 ~ . payable as follows: (...1,1;'0.--1 ncc.L{)c-""';C:'f_ , . \J c) 8-, h,J-j,(,'c""'_ 4. All r~ts yoi}1 be p~? to Le~~~ o~hislher authorized agent, at the following address: . io-><;H~_ .L.:dJ '. ~'j', ac- or at such other places as may be designated by lessor from time to time. In the event rent is not paid within { f9 days after due date, lessee agrees to pay a late Charge of $pJus interest at is' % per annum on the delinquent amount. Lessee further agrees to pay $ i C'O -- for each dishonored bank check. The late charge period is not a grace period, and lessor is entitled to make written demand for any rent if not paid when due. 3. USE: The premises are to be used for the operation of .R ~'J_J.;> ~ ..,r ...5'''_1.<': ( ...ftc<...,.....p and for no other purpose, without prior written consent of Lessor. lessee will not commit any waste upon the premises, or any nuisance or act which may disturb the quiet enjoyment of any tenant in the building. USES PROHIBITED: lessee will not use any portion of the premises for purposes other than those specified. No use will be made or permitted to be made upon the premises, nor acts done, which will increase the existing rate of insurance upon the property, or cause cancellation of insurance policies covering the property. lessee will not conduct or permit any sale by auction on the premises. ASSIGNMENT.AND SUBLETTING: Lessee will not assign this Lease or sublet any portion of the premises without prior written ,consent of the Lessor, which will not be unreasonably withheld. Any such assignment or subletting without consent will be void and, at the option of the Lessor, will terminate this Lease. . _ ORDINANCES AND STATUTES: Lessee will comply with all statutes, ordinances, and requirements of aU municipal, state and federal authorities now in force, or which may later be in force, regarding the use of the premises. The commencement or pendency of any state or federal court abatement proceeding affecting the use of the premises will, at the option of the Lessor, be deemed a breach of this lease. MAINTENANCE. REPAIRS. AL TERAlIONS: Unless otherwise indicated, lessee acknowledges that the premises are in good order and repair. Lessee shafl, at his/her own expense, maintain the premises in a good and safe condilion, including plate glass, electrical wiring, plumbing and heating and air conditioning installations, and any other system or equipment. The premises wlll be surrendered, at termination of the Lease, In as good condition as received, normal wear and tear excepted. Lessee will be responsible for all repairs required, except the following which will be maintained by Lessor. roof, exterior waifs, structural foundations (including any retrofitting required by governmental authorities) and: No J....I-<?J - , Lessee will also maintain in good condition property adjacent to the premises. such as sidewalks, driveways, lawns, and shrubbery, which would otherwise be maintained by Lessor. , No improvement or alteration of the premises will be made without the prior written consent of the Lessor. Prior to the commencement of any substantial repair, improvement. or alteration, lessee will give lessor at least two (2) days written notice in order that Lessor may post appropriate notices to avoid any liability for liens. ENTRY AND INSPECTION: Lessee will permit Lessor or Lessor's agents to enter the premises at reasonable times and upon reasonable notice for the purpose of inspecting the premises, and will permit lessor, at any time within sixty (60) days prior to the expiration of Ihis lease, to place upon thE1 premises any usual "For lease" signs, and permit persons desiring to lease the premises to inspect the premises at reasonable times. INDEMNIFICATION OF LESSOR: lessor will not be liable for any damage or injury to lessee, or any other person, or to any property, occurring on the premises. Lessee agrees to hold lessor harmless from any claims for damages arising out of Lessee's use of the premises, and to indemnify Lessor for any expense incurred by lessor in defending any such claims. POSSESSSION: If lessor is unable to deliver possession of the premises at the commencement date set forth above, Lessor will not be liable for any damage caused by the delay, nor will this lease be void or voidable, but Lessee will VOt be liable for any rent until possession is delivered. Lessee may terminate this Lease if POSsession is not delivered within /-....J / <J., days of the commencement term in item 1. . LESSEES INSURANCE: lessee, at hislher expense, will maintain plate glass, public liability, and property dam.Ege insurance insuring lessee and Lessor with minimum coverage as follows: 505, <::J<.?~? Lessee will provide Lessor with a Certificate of Insurance Showing Lessor as addilional insured. The policy will require ten (10) day's written notice to Lessor prior to cancellation or material change of coverage. lESSOR'S INSURANCE: Lessor will maintain hazard insurance covering one hundred percent (100%) actual cash value of the improvements throughout the Lease term. Lessor's insurance will not insure Lessee's personal property, leasehold improvements, or trade fixtures. SUBROGATION: To the maximum extent permitted by insurance policies which may be owned by the parties, Lessor and Lessee waive any and all rights of subrogation which might otherwise exist. UTILITIES: Lessee agrees that he/she will be responsible for the payment of all utilities, including water, gas, electricity, heat and other services delivered to the premises, except: SIGNS: Lessee will not place, maintain, nor permit any sign or awning on any exterior door, wall, or window of Ihe premises without the express written consent of lessor, which will not be unreasonabfy withheld. :::Lv:J; tz:i.. ~ (.1 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 34. 16. ABANDONMENT OF PREMISES: lessee will not vacate or abandon the premises at any time during the term of this Lease. If Lessee does abandon or vacate the premises, or is dispossessed by process of law, or otherwise, any personal property belonging to lessee left on the premises will be deemed to be abandoned, at the option of Lessor. . 17. CONDEMNATION: If any part of the premises is condemned for public use, and a part remains which is susceptible of occupation by Lessee, this Lease will, as to the part taken, terminate as of the date the condemnor acquires possession. Lessee will be required to pay such proportion of the rent for the remaining term as the value of the premises remaining bears to the total value of the premises at the date of condemnation; provided, however, that Lessor may at hislher option, terminate this Lease as of the date Ihe condemnor acquires possession. In the event that the premises are condemned in whole. or the remainder is not susceptible for use by the Lessee, this Lease will terminate upon the date which the condemnor acquires possession. All sums which may be payable on account of any condemnation will belong solely to the Lessor; except that Lessee will be entitled to retain any amount awarded to himlher for his/her trade fixtures or moving expenses. 18. TRADE FIXTURES: Any and all improvements made to the premises during the tenn will belong to the Lessor, except trade fixtures of the Lessee. Lessee may, upon termination, remove all his/her trade fixtures, but will pay for all costs necessary to repair any damage to the premises occasioned by the removal. 19. DESTRUCTION OF PREMISES: In the event of a partial destruction of the premises during the term, from any cause, Lessor wfll promptly repair the premises, provided that such repairs can be reasonably made within sixty (60) days. Such partial destruction will not terminate this Lease, except that Lessee will be entitled to a proportionate reduction of rent while such repairs are being made, based upon the extent to which the making of such repairs interferes with the business of lessee on the premises. If the repairs cannot be made within sixty (60) days, this Lease may be terminated at the option of either party by giving written notice to the other party within the sixty (60) day period. HAZARDOUS MATERIALS: Lessee will not use, store, or dispose of any hazardous substances upon the premises, except the use and storage of such substances that are customarily used in Lessee's business, and are in compliance with all environmental laws. Hazardous substances means any hazardous waste, substance or toxic materials regulated under any environmental laws or regulations applicable to the property. Lessee win be responsible for the cost of removal of any toxic contamination caused by Lessee's use of the premises. 21, INSOLVENCY: The appointment of a receiver, an assignment for the benefits of creditors, or Ihe tiling of a petition in bankruptcy by or against Lessee, will constitute a breach of this Lease by Lessee. DEFAULT: In the event of any breach of this Lease by Lessee, Lessor may, at his/her option, terminate the Lease and recover from Lessee: {a} the worth at the time of award of the unpaid rent which had been earned at the time of termination; (b) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amount of such rental loss that the Lessee proves could have been reasonably avoided; (c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that the Lessee proves could be reasonably avoided; and (d) any other amount necessary to compensate Lessor for all the detriment proximately caused by the Lessee's failure to perform his/her obligations under the Lease or which in the ordinary course of things would he likely to result therefrom. Lessor may, in the alternative, continue this Lease in effect, as long as lessor does not terminate lessee's right to possession, and Lessor may enforce all of Lessor's rights and remedies under the Lease, including the right to recover the renl as it becomes due under the Lease. If said breach of Lease continues, Lessor may, at any time thereafter, elect to terminate the lease. These provisions will notUmit any other rights or remedies which Lessor may have. SECURITY: The security deposit will secure the performance of the Lessee's obligations. Lessor may, but will not be obligated to, apply all or portions of the deposit on account of Lessee's obligations. Any balance remaining upon termination will he returned to Lessee. Lessee wifJ not have the right to apply the security deposit in payment of the last month's renl. 24. DEPOSIT REFUNDS: The balance of all deposits will be refunded within three weeks (or as otherwise required by law), from date possession is delivered to Lessor or his/her authorized agent, together with a statement showing any charges made against the deposits by Lessor. ATTORNEY FEES: In any action or proceeding involving a dispute between Lessor and Lessee arising out of this Lease, the prevailing party will be enlltled to reasonable attorney fees. WAIVER: No failure of Lessor to enforce any term of this Lease will be deemed to be a waiver. NOTICES: Any notice which either party mayor is required to give, will be given by mailing the notice, postage prepaid, to Lessee at the premises, or to Lessor at the address shown in Item 2, or at such other places as may be designated in writing by the parties from time to time. Notice will be effective upon mailing, or on personal delivery, or when receipt is acknowledged in writing. HOLDING OVER: Any holding over after the expiration of this Lease, with the consent of Owner, will be a month to month tenancy at a monthly rent of $ , payable in advance and otherwise SUbject to the terms of this Lease, as applicable, until either party will terminate the tenancy by giving the other party thirty (30) days written nolice. HEIRS I ASSIGNS. SUCCESSORS: This lease is binding upon and inures to the benefit of the heirs, assigns, and successors of the parties. TAX INCREASE: In the event there is any increase during any year of the term of this Lease in real estate taxes over and above the amount of such taxes assessed for the tax year dUring which the term of this Lease commences, Lessee will pay to Lessor an amount equal to % ,....J (-4 of the increase in taxes upon the land and building in which the leased premises are situated. In the event that such taxes are assessed for a tax year extending beyond the term of the Lease, the obligation of Lessee will be prorated. Lessee will not be responsible for any tax Increase occasioned solely by a sale or transfer of the premises by Lessor. 31. COST OF LIVING INCREASE: The rent provided for in Item 2 will be adjusted effective upon the first day of the month immediately following the expiralion of 12 months from date of commencement of the term, and upon the expiration of each 12 months thereafter, in accordance with changes in the U.S. Consumer Price Index for AU Urban Consumers (1982-84:: 100) ("CPI"). The monthly rant will be increased to an amount equal to the monthly rent set forth in Item 2, multiplied by a fraction the numerator of which is the CPI for the second calendar month immediately preceding the adjustment date, and the denominator of which is the CPI for the second calendar month preceding the commencement of the Lease term; provided, however, that the monthly rent will not be less than the amount set forth In Item 2. OPTION TO RENEW: Provided that the Lessee i~ not in default in the performance of this Lease, lessee will have the option to renew the Lease for an additional term of f.-J i)...o-J,," months commencing at the expiration if the initial Lease term. All of the terms and conditions of the Lease will apply during the renewal term, except that the monthly rent will be the sum of $ I'-)g-'~which will be adjusted in accordance with the cost of living increase provision set forth in item 32. The option will be exerciSed by written notice given to Lessor not less than days prior to the expiration of the initial Lease term. If notice is not given within the time specified, this Option will expire. 33. AMERICANS WITH DISABilITIES ACT: The parties are alerted to the existence of the Americans With Disabilities Act, which may require costly structural modifications. The parties are adviSed to consult with a professional familfar with fhe requirements of the Act. lESSOR'S LIABILITY: In the event of a transfer of Lessor's title or interest to the property during the term of this Lease, Lessee agrees that the grantee of such title or interest will be substituted as the Lessor under this Lease, and the original lessor will be released of all further liability; provided, that all deposits win be transferred to the grantee. 20. 22. 23. 25. 26. 27. 28. 29. 30. 32. 35. ESTOPPEL CERTIFICATE: (a)On ten (10) days' prior written notice from lessor, Lessee will execute, acknowledge, and deliver to Lessor a statement in writing: (1) certifying that this lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this lease, as so modified, is in full force and effect), the amount of any security deposit, and the date to which the rent and other charges are paid in advance, if any; and 121 acknowledging that there are not, to lessee's knowledge, any uncured defaulls on the part of lessor, or specifying such defaults if any are claimed. Any such statement may be conclusively relied upon by any prospective buyer or encumbrancer of the premises. (b)At lessor's oplion; Lessee's failure to deliver such statement within such time will be a material breach of this Lease or Will be conclusive upon Lessee: (11 that this Lease is in full force and effect, without modification except as may be represented by Lessor; 121 that there are no uncured defaults in Lessor's perfonnance; and 131 that not more than one month's rent has been paid in advance. (c) If lessor desires to finance, refinance, or sell the premises, or any part thereof. lessee agrees to deliver to any lender or buyer designated by lessor such financial statements of Lessee as may be reasonably required by such lender or buyer. All financial statements will be received by the Lessor or the lender or buyer in confidence and will be used only for the purposes set forth. 36. ENTIRE AGREEMENT: The foregoing constitutes the entire agreement between the parties and may be modified only in writing signed by all parties. e fonoWing exhibits are a part of this Lease: Exhibit A: /....J A Exhibit B; j.,.J/-4. Exhibit c: ( J'i/A, The undersigned Lessee acknowledges that he/she has thoroughly read and approved each of the provisions contained in this Offer, and agrees to the terms and conditions specified. Lessee: Date lessee Date Receipt for deposit acknowledged by: Date ACCEPtANCE The undersigned Lessor accepts the foregoing Offer and agrees to lease the premises on the terms and conditions set forth above. NOTICE: The amount or rate of real estate commissions is not fixed by law. They are set by each broker individually and may be negotiable between the owner and broker. The Lessor agrees to pay to I-. \O~ ,the Broker in this transaction, the sum of $ for services rendered and authorizes Broker to deduct said sum from the deposit received from lessee. In the event the Lease is extended for a definite period of time or on a month-ta-month basis after expiration of the original tenn, Lessor will pay Broker an additional commission of % of the total rental for the extended period. This commission will be due and payable at the commencement of the extended period if for a fixed term, or jf on a month-to-month basis, at the termination of lessee's occupancy or one year, whichever is earlier. In ~ny ac~n for ~ission, the prevaifin:;arty will be entitled to reasonable attorney fees. Lessor (~ Date ....) --(-o{; Lessor Date - Lessee aCknOWled9r:;C~ copy of the accepted Lease. lesse..{Jo~ '-0- Oat. 3-J3-D1p lessee Date , .....~u~ .. IOu, i ; I , I r i ~. _...l._. .. ...__-= ; .:: r . ....... . .--1-. . ; ...-r..... , ~ . ... ..:-.. -~.' .~.._._. ............r.. . , ; . I -....-:.. ~...-":'.._..I . .. : [ ... . __ .u_. _ _.L.__. . : .. ... -t-----.-:- . , r . .-:---,&..,.,....--.:_.._h '.i.. .~.~i F~.tr ~~~~ s~ Rlq~ ...:. ..; tI .. .... j ! 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C;'~~..... ~"..,? i. ~c.r.::zJL'~~J Property Details for Parcel 81212336030 and Year 2006 Back to Parcel Search Parcel: S1212336030 Year: 2006 Zone Code: C-C Total Acres: 2.119 Tax Code Area: 03 Property Description: PAR #6030 @ SW COR SW4SW4 SEC 12 3N 11'1 #336008-B #336020-B Address: 1'1 FRANKLIN RD MERIDIAN, 10 83642 Subdivision: 3N 11'1 12 Land Group Type: SECT Township/Range/Section: 3NIW12 Valuation Details [~;~~.e.. -J .~-~-_.:.~.~~.~~~... .....~~.~..-.........-...__....._...........J ...~cr~.~~~.I.._...~.~~~;~~.~.......J ..._:~~~~~~~~ ......1 ~~.~~e~~~~] !P.dmary 1210 COM LOT OR TRACT 12,119 1$583,800 1 MARKET )03 I Valuation History Year Value 2006 $583,800 2005 $507,700 2004 $371,500 Tax Districts r::t::~-:] ....."....._~=~.....-'~I..--._..._..-.-..~=~::~;~~~~-~-...----r--..-;~-::---.-.-.I l._........~__ _.. .......--...-...,---._., __._.___._____. ...J____.___~_, l~...___.._J ?..:.~3_a.~~.671._._J !,DA ..COUNTY .J !08-287-700~ l~__J.~~90120598 i EMERGENCY MEDICAL i 208-287-2962 I l~__...J.?:..o.?_~03~_._.l ADA COUNTY HIGHWAY DIST 1208-387-6120 1~__._,.....__i.O..:..~.?-~~~37~_._.J SCHOO~ DISTRICT NO.2 J 208-855-4500 I !12___"_-'~~~0521022 I~ERIDIAN LIBRARY J 208-888-4451 J l.1.~._-'~...:,~~~14075__ !MERIDIAN CITY 1208-888-4433 J 124 10.000058519 IMERIDIAN CEMETERY 1208-888-5133 1 i~..3...-.....-J..~ -o..ocicio29-iog---i MOSQUITO ABATEMENT .-'--12 0 8- 577:-4-643"i ~ r ----1 t .~~-=--=j~: ?,O~~?~~~~_,""_.J ~~:!~~?!:.-~~~~~~~~___.__J ~~~~_~-:2.~~_j Total Levy: 0,014214988999999999 Taxes, Certifications, and Fees I""~~::-'l--'.'~~.~~~;-;:~~':'--'--;"-~::-;~;d-.;I; ----;:,:s Pue --1 ~elinqu:'~l-T;~--o;ta -'"f.] . l I ! Current. as 0 <........ -." .. .. . . ..........'.____m..l..........._..._._. .-.. ~........_. ._..1.__.. -..-..-._.~.__........._~ ..__..-_ ..._~._... ......._ __"_".___H...... . ... ............ i200.~__L~.~16~_~$3,608 .47 I $3,608.47_ 'No i OS/2?/2~_J ;2004 i $5,399,16 ! $5, 399.16 i $0.00 ! No OS/29/2006 i --~_..~.~.~.~.~.. _.1 ~_,~.~. .~.~'---'----'----.-~ _~~nm .~.,~~... _c_1 -_~..u.~.....~.""----,._.n.mm._'____ __.~~u~_n~~~"______.R._R. __'_~__' Characteristic," ~and 9.~;f ::rib'..... rt>~'" B",3 ",0 ",,,,,, """'Co(rj' "'~ ~-:<~ - '" .. CI '" . '" ~ -Htcg :1:-" Oi~ ~ ~~!! >"'''' ""O::rQ. (jj~@- z{: g. 0"0 -I<De "'- -I"''' Oce ~- OJ.....:::;:" ~~~ 003'" m"'~ 0"'05' T13a; 0"'''' ;u~ ~ z~3 ~3", _~'o G)~ >2, ~$2.<5 oo-!!!. z"a; , '" llJ o~ ~~ "'''' %0 0'" eCC ..,.. ~~ ..", ?!-Ol Q- r- -. ::J a. 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