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Storage Condos North CZC 08-035.t CJfEFJDIAN*,,., �J NOTE: This is not a Building Permit Prior to any construction, you should contact the Building Department at (208) 887-2211 to verify if any additional permits and/or inspections will be required by the Meridian Building Department. CERTIFICATE OF ZONING COMPLIANCE�� Date: April 17 2008. -�'J! pF 2008 Project Name/Number: Storage Condos North — CZC-08-035 and ALT-08-0� h/ �^� F hf tp fCA Owner/Applicant: MSSB Enterprises, LLC K n,cr-1,, Site Address: 658 N. Principle Place Proposed Use: Construction of a new 56,928 s.f self-service storage facility Zoning: I -L Comments: Conditions of Approval: Project is subject to all current City of Meridian ordinances. The issuance of this permit does not release the applicant from any previous requirements of the other permits issued for this site. Landscaping: The Landscape Plan prepared by Breckon Land Design, Inc., dated February 11, 2008 and labeled Sheets L1.1 — L1.3, are approved (stamped "Approved" on April 17, 2008 by the Meridian Planning Department) with the following changes/notes (See redlines on plan): 1) Submit a copy of the license agreement for landscaping within the irrigation easement to the Planning Department prior to occupancy of the first building. 2) The landscape buffer located on the east boundary shall be covered by at least 70 percent vegetation at maturity (see UDC 11-313-511 for specific standards); revise plan accordingly. 3) Submit a revised landscape plan to the Planning Department prior to occupancy of the first building. Other than the above-mentioned changes, the approved landscape plan is not to be altered without prior written approval of the Planning Department. No field changes to landscape plan permitted; prior written approval of all material changes is required. Prior to final inspection and sign off for this project, a written certificate of completion shall be submitted to the Planning Department, prepared by a 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. Alternative Compliance: The applicant has requested alternative compliance from UDC standard I I - 2C-3, which requires a 25400t wide landscape buffer to nonindustrial uses. However, the land use to the east is a public school and there is 125 feet of existing landscaping between the school structure and the property line of the proposed storage facility. The applicant has requested to provide an alternating landscape buffer along the east boundary. The buffer is proposed to be a maximum of 10 feet wide and narrowing to 5 feet wide as the buffer approaches a lateral end of each building. Further, each individual building will have a 5 -foot wide landscape buffer on the east elevation to create an aesthetically pleasing landscape buffer planted with a mixture of trees, shrubs, and ornamental grasses. When completed, the structures will be located a minimum of 30 feet from the east property line. Also, the applicant proposes to install extensive dry river bed landscaping on the north and west boundaries of the site, again providing an aesthetically pleasing landscape buffer. UDC 11 -5B -5E2 allows for the director to approve an alternative if the alternative provides an equal or superior means for meeting the requirements. Because the design of the alternating landscape buffers and the dry river beds will create aesthetically pleasing landscape buffers and the proposed landscape buffers are a superior means to the standards set forth in the UDC, the Director has approved the applicant's alternative compliance request. Site Plan: The Site Plan prepared by Quadrant Consulting, Inc., stamped received April 17, 2008 by the City of Meridian Planning Department and labeled sheet 1 of 1, is approved (stamped "Approved" on April 17, 2008 by the Meridian Planning Department) with the following changes/notes (see redline changes on site plan): 1) The applicant shall submit a revised site plan to the Planning Department prior to occupancy of the first building. 2) All structures shall be set back a minimum of 35 feet from the property line at Principle Way; revise plan accordingly. 3) Two-way drive aisles shall be a minimum of 25 feet wide; revise plan accordingly. 4) The drive aisle on the east boundary of the site is designated as a one-way drive aisle; post signs accordingly. Except for the changes mentioned above, the approved site plan is not to be altered without prior written approval of the Planning Department. Elevations: The Elevations prepared by Ruby Edwards Architecture + Design, P.A. (Sheet A3.1 dated February 20, 2008) are approved with no changes from the Planning Department. hri ag tion: 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 11 -3B -10-C.5. Parking: The proposed parking areas shall be paved and striped in accordance with UDC 11-3C and 11-3B. 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. Curbin : Per UDC 11-3 B -5I, all landscape areas adj acent 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. 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: A trash enclosure is NOT approved with this CZC. Per the applicant, all trash will be pack -in and pack -out. 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 new 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. All changes in occupancy need to comply with the requirements of the Building Department. It is unlawful to use or occupy any building or structure until the Building Official has issued a certificate of occupancy. A certificate of occupancy or temporary certificate of occupancy is obtained from the Building Department (208) 887-2211 after inspections are complete and the field inspection record is returned to the Building Department. Plan Modifications: Except for the changes mentioned above, the approved Site Plan, Landscape Plan stamped "Approved" on April 17, 2008, 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. Note: If the plat for the subdivision in which this property lies has not been recorded, all subdivision improvements shall be installed prior to occupancy of the first structure in the subdivision. m�2 Krisfy 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. f C�eridi�nJ , 4 .:w . . � .�: 10A! 10 Y ' moo, Meel prid►an Tvne of Review Reaueste QV£a0iMoroly) ❑ Accessory Use �p Alternative Compliance �© Certificate of Zoning Compliance ❑ Conditional Use Permit Minor Modification ❑ Design Review ❑ Private Street ❑ Property Boundary Adjustment ❑ Short Plat ❑ Temporary Use Certificate of Zoning Compliance ❑ Time Extension (Director) ❑ Vacation ❑ Other )licant Information 0 C4 -t -,J 4-t— Planning Department ADMINISTRATIVE REVIEW APPLICATION STAFF USE ONLY: File number(s): �1 AUT -ay- 010 Project name: Date filed: Date complete: ��0 Assigned Planner: Related files: Applicant Applicant name: m S^^S�� F '� 1VP--?XA.5 � L -G Phone: 5?(i 7 (ISM Applicant address: PO 7�aX /3-60 , 00 1 sE Zip: 93 -7,05 - Applicant's interest in property: kown ❑ Rent ❑ Optioned ❑ Other Owner name: Phone: Owner address: Zip: Agent name (e.g., architect, engineer, developer, representative): S/1� Firm name: Phone: Address: Zip: Primary contact is: ❑ Applicant �wner ❑ Agent ❑ Other Contact name: 2oly lz A- Phone: 3 E-mail: f -F66 dN2_,rx, o/a�e ��hOs 9 Goy Fax: .3(�o —7 S� Subject Property Information Location/street address: Assessor's parcel number(s): _ Township, range, section:: Current land use: L;"Orl E0 7 - Total acreage: Current zoning district: 7>orz- v_y pj-" .IZ-4 V 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org I (Rev. 9/21/06) oa9Z) Project/subdivision name: General description of proposed project/request: /,,,' G d w 4 P ,V oejgz-jam WC - re- kz 4r -e- S -4Z 'P o r S Proposed zoning district(s): Acres of each zone proposed: 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? Which irrigation district does this property lie within? Primary irrigation source: 55k 1 Z Secondary: ` Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): / Residential Project Summary (if applicable) Nu of residential units: Number of building lots: Number of c on and/or other lots: Proposed number o elling units (for multi -family developments only): 1 Bedroom: 2 or more Bedrooms: Minimum square footage of structures) garage): Proposed building height: Minimum property size (s.f): Average property size (s.f.): Gross density (DU/acre-total land): density (Macre-excluding roads & alleys): Percentage of open space provided: Acreage o en space: Percentage of useable open space: (See Chapter 3, A 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: LV Gross floor area proposed: J�� 9 Existing (if applicable): �-- Q, Hours of operation (days and hours): %LfI Building height: �f /L Percentage of site/project devoted to t 0110 g: Landscaping: 1 co —1 j uilding: 5 J d Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): 'Q'__ Seating capacity: Total number of parking spaces provided: Number of compact spaces provided: Authorization Print applicant name: o /0 ' M Z_ff Applicant signature: Date: 660 E. aterto e, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 Alternative Compliance Request — CZC Area North of the Tiled Irrigation Ditch. April 16, 2008 MSSB Enterprises, LLC is proposing a development at Porky Park Subdivision Lot 5, Block 2, located at 658 North Principle Place within the City of Meridian, Idaho. The development will be called StorageCondos Meridian. MSSB Enterprises, LLC is requesting an alternative compliance review and acceptance to reduce the required 25' setback from Zone IL to Zone LO. Per the discussions with City Planner Kristy Vigil and City Planning Director Anna Canning, the landscape buffer along the East property line of 1,051' has been proposed to reduce from a 25' buffer to width of 10' that reduces to 5' as the buffer approaches a lateral to the end of the building and then the buffer increases back to 10'. A designated and marked one way asphalt paved drive aisle of 20' in width will be maintained along the East boundary. An additional 5' landscape buffer will be installed at the east ends of each of the buildings, measured from the edge of the building to the inside edge of the curb, creating a 30' buffer from the buildings to the property line and the LO zone. The proposed solution, in conjunction with the already constructed layout of the school, is a superior alternative and creates a win — win solution for both properties and the IL to LO zone convergence area. The understood purpose of the extended setback / buffer of 25' from an IL zone to an LO zone is to buffer the allowable use of an IL zone in an attempt to minimize or eliminate the potentially negative impact the IL zone could have on the LO zone. The proposed alternative compliance buffer reduction detailed here will create an esthetically pleasing landscape buffer that will be adorned with mixture of deciduous, coniferous, shrubbery, perennial and ornamental grasses. The planting material selection and design of the landscape buffer will be visually appealing, functional, manageable, and will be designed to be less vulnerable to a drought related water demand reduction plan. Understanding the low impact, passive storage use of the proposed development and it's zero to minimal impact on the LO zone with respect to building size, noise, intrusive lighting, smoke, pollution, and traffic, it seems plausible to accept that the proposed project and alternative compliance request actually benefits the middle school and the LO zone by buffering the zone from other commercial, industrial and warehousing operations to the West of the proposed project site and the LO zone. The IL / LO zone convergent point is located along the back of the middle school and the open field playground areas. An aspect to consider when evaluating this alternative compliance request is that the rear of the school structure is 125' from the property line and will be over 155' from the end of the proposed building locations. The existing 125' separation from the property line to the school structure includes a large, completely landscaped, grassy area that transitions into an asphalt bus driving aisle way 4/17/2008 of 25' in width, and an additional grass landscaped area immediately next to the school building. This existing buffer separation is already much greater than the City code calls for. The projects proposed building orientation (north / south) directs traffic and individual unit use away from the direct impact of the neighboring LO zone. This alternative compliance request to reduce the buffer zone, taking into account all the variables in play, provides a solution for both zones with a superior alternative that addresses and compliments the spirit of what the City code is intend to provide in buffering the impact an IL zone could have on an LO zone. Please see the attached landscaping plan that details and demonstrates the proposed buffer reduction. Thank You in advance for your consideration of this alternative compliance request. Please call me with any questions or your acceptance of this request. Sincerely, Ron Ramza MSSB Enterprises, LLC 208-367-1500 208-867-9993 4/17/2008 2 Narrative of Proposed Use Revised 4/16/08 To separate the CZC into two separates applications; North of the canal and South of the Canal. This narrative represents the North of the canal request for review and approval MSSB Enterprises, LLC is proposing a development at Porky Park Subdivision Lot 5, Block 2, located at 658 North Principle Place within the City of Meridian, Idaho. The development will be called StorageCondos Meridian. StorageCondos is an innovative alternative to traditional personal and business storage solutions offered in the area. StorageCondos allows individuals to own their unit/condo located on common property within a group of similarly constructed buildings. This concept will be new to Meridian, yet not new to the Treasure Valley. MSSB Enterprises LLC has just successfully completed a StorageCondo facility in the City of Boise located at 4125 Gekeler Lane. The StorageCondo Meridian development will be benefiting the residents of Meridian and West Ada County, as well as the City of Meridian and Ada County. The benefits to the residents include: owning a private, safe and secure, climate controlled place to store recreational adventure vehicles, personal vehicles, boats, household goods, and limited business items. Small businesses will utilize the unique concept for inventory, records and equipment storage. StorageCondos offers surrounding neighborhoods a location that residents can conveniently store their items; cleaning up driveways, side yards, back yards and garages. The major benefit to the City of Meridian and Ada County is a development that creates a property tax base that has virtually no new impact on city and county services. The parcel chosen is an ideal location, providing condo owners an ease of access to main arterials in and out of Meridian, Eagle, and West Boise. The site selected is also within proximity of several neighborhoods that have CC&R's which prohibit the storage of recreational vehicles and outdoor adventure equipment within plain view. The industrial zoning of the site and surrounding businesses lends itself to this unique type of development because of its lack of frontage and visibility. The building site is tucked in between a large commercial warehouse operation and a Junior High School playground. The visibility of the development site from the surrounding road surfaces will be very limited once the Pine Street frontage parcels have been developed. The facility will be made up of 13 aesthetically appealing structures. The project will be constructed in 4 phases. The first 2 phases, located north of the tiled irrigation canal are included in this CZC review and request for approval. The remaining 2 phases, located south of the tiled irrigation canal, will be built in 2009 and will have a separate CZC application and alternative compliance request. A mix of wood and pre engineered steel buildings will be employed. The buildings will vary in size with no building being higher than 21'. The exterior color 4/17/2008 selection is a light earth tone beige base with a darker mocha color contrasting color being used for the reveals, end walls and door trim. The roof color on the pre engineered metal buildings will be the same color as the building walls using the lighter base beige. All condos are completely enclosed and the outdoor storage of anything is strictly prohibited and enforced through a recorded set of Condominium Declarations (CC&R's). The facility will be professionally landscaped with an emphasis on the North boundary and East boundary. We have met with the principal, Mr. Dennis Keogh, of Lewis and Clark Middle School to address safety, security and aesthetic concerns he would have with this development. We are working closely with our neighbor to the West, Supervalu Corporation on a shared emergency access easement and improvements to existing landscaping and fencing. The Ronald VanAuker Corporation is the land owner to the North & West (Pine frontage) and is active in reviewing of the aesthetics of the North and West boundaries and buildings to be constructed. A total of 78 parking stalls will be provided in the area under consideration for this CZC. This will be accomplished by the unit owners parking in front of each unit using a parallel parking method. Each space is designated to each unit owner. A graphic representation of the typical parking space is provided on exhibit 1P. One ADA compliant, van accessible, parking stall will be installed at the entrance to the project. A telephone call to ADA, Bonnie Bell 208-344-5590, confirmed that a designated accessible space was not required because of the nature of the development, however, it would be a good idea to provide one while the development is under construction. The designated accessible space will become a permanent feature of the development. The facility is designated as a pack it in, pack it out project. A trash collection container will not be installed and or serviced. 4/17/2008 2 ruby I edwards: architecture + design, p.a. TYPICAL SELF STORAGE UNIT BOLLARD CONCRETE APRON TYPICAL VEHICLE MINIMUM PARALLEL PARKING REQUIREMENTS (PER MERIDIAN UDC TABLE 11-3C-1) W z M Ce a a z 0 Project Name Storage Condos — Meridian J Project Number 07034 Q Drawn df U Reference Drawing n/o a Scale NOT TO SCALE ld ,i � ��\�' €� �I � c! � � �'► - a ���� �i o .`� � Vis' �i,, r' '.....o...'=_- q i„'r 'AI r{ • -i' °�, �'. ' •� � y /i , i a..: •L (_ , t �y j '� k� �. <,,...a^+. ;.z' '� x �. r'J _ e 17 11,1'"7,-x,1 •, � ;� _ f z` ti ¢Bar i d 4' li 1< N O O O T N m O A O O 0 0 0 D r m 0 0 0 y= I � LLMO v n� r c 0 H D C zz O rn z n TOUCHMARK n X z En m 0 m PRINCIPLE�O RINCIP rn -V z v rn A O O v z 0 v v HC �y�+j qxmg=r hhbh •m y`{ 5F5F i 1 a 83 0 t3 O- M1. .na 0 84 O 7n � S1Y613Dum y R 4oa FsRsx4v. 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IS O �� ij �Fzj] w i l i °° z 1w O O a M tr J: +� YOJS :: '`h' ^':: +. �f b or::ep S.a.p::o-J.JaJ�Pr:�-e.o �6w-STJ�WJi�u✓adly . 1 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 6.00 2 BOISE IDAHO oTrrrrae 04:27 PM ill IIif111f1f1ii1N1Nl11fllllflll lfi DEPUTY Patti Thompson AFTER RECORDING MAIL TO: RECORDED -REQUEST OF 108022432 First American F MSSB Enterprises LLC PO Box 50505 Boise, ID 83705 a l WARRANTY DEED File No.: NCS -310413 -BOX (rmr) Date: February 22, 2008 i For Value Received, VJ Joint Venture, an Idaho joint venture, hereinafter referred to as Grantor, ' does hereby grant, bargain, sell and convey unto MSSB Enterprises LLC, an Idaho limited liability company, hereinafter referred to as Grantee, whose current address is PO Box 50505, Boise, ID E 83705, the following described premises, situated in Ada County, Idaho, to wit: I s t Lot 5 in Block 2 of Porky Park Subdivision No. 2, according to the plat thereof, filed in Book ' 96 of Plats at Pages 11881 through 11883, and Amended by Affidavit recorded December 29, 2006, as Instrument No. 106201330, Records of Ada County, Idaho. APN: R-7138-50-0080, R -7138 -SO -0090 ' TO HAVE AND TO HOLD the said premises, with their appurtenances, unto said Grantee, and to the j Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. ,i " t Page Y of 2 APN: R-7139-50.0080 Warranty Deed -continued File No.: NCS-310413-BOI (rmr) Date: 02/13/2008 vv On this 22nd day of February, 2008, before me, a Notary Public in and for said State, personally appeared Ronald W. Van Auker, known or identified to me to be the person whose name is subscribed to the within instrument as the joint venturer of the VJ Joint Venture, and acknowledged to me that he executed t as such joint venturer. In witness whereof, I have hereunto 'set my h and at`ffix official seal the day and year in this certificate first above written. ,aN"""40N Not y Public for the State of Id o is M- Rl/� y., Residing at: Boise -OT.4,# � My Commission Expires: 3-17-2012 h &2 LIC •�►, �° oto Page 2 of 2 m � g o W n � Xpp u1 Ni �Q�N d JL- 3 1 311 Y7d Nn 3an1 N 3 A 1 Nl0/' ua $ o N 3 N n Y N V A �So w .99*09£L 3 .9_90.00 S ----- -------W < n 3 � ail $ I I 1m _ < O $ w m sal_ I N10 En o v= I I m ,49'862 O M .60.00.00 S W 61 mm �a el L9'169 M .99,6£00 N �a .0 tom Ip I ^ z .I Alin a�oz�n o CO v 8 18 I$0'rSz- —M60OO.oo s n c I� M O onBnd qL 031V01L9'B62 2 "Id NINd'N n M .60,00.00 S u ,99'f6Z M .60.00.00 S Z ? I£•££Z M .60.00.00 S- O N I a 8 f' I O O m 1 .49.66Z O ! 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Z nl lay �I LLIN = °v o I to r" n 1 � •� I oC i sc" O�C O I I W I Y �M-RbaHm a Q co n +o'ooz zs soz I m i. ' x 9 S a $S. $ _ U ti ; 1 .96'901 M .W.00.00 s I I n Q z g vg _ \� m Z J a I 1 I ^� yaHNR: SS - 8 �Y U � H n$ O SZ I (3 �- �zzzn r z j (nOINI"� 1 < I dao w O v fii �;� I i k 8i a v2$1380888 3 .60,00.00 N N NO/SlA l08nS�- ed AN2/Od���30 SISV6 m T .. g 8 •LO'099Z M -60.00.00 ' 5 m d= OYON 379Y3 W7/0 EIDIAN*-%- - IDAHO / FORM PW 100 DATE: February 29, 2008 Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba The following property has been researched by The City of Meridian Public Works Department. 1) The address has been verified as listed. 2) Municipal water and sewer has also been confirmed. Project Name: Storage Condos Address: 658 N Principle PI Suite #: Zip Code: 83642 Lot/ Block Subdivision: Lot 5/ Block 2/ Porky Park #2 Notes: EACH SET OF PLANS WILL BE REQUIRED TO CLEARLY REFLECT THE CORRECT ADDRESS AND SUITE NUMBER (IF APPLICABLE). Lynsey Todd evgo" Department Specialist Public Works 898-5500 toddl@meridiancity.org Public Works Department . 660 E. Watertower Street, Suite 200, Meridian, ID 83642 Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org �t;oM��gga=E� 4 334„e^^yr�3}� I � N9s Pa �FQf€ Z 'ON uoIsIMP9ns Ved 4MMIA s WP. •. ��,� �E .. � d ° � @ 7„�5 s,opuo� aleaols €�f fill yy59k Cy 'I �u gg 51 9"1 2e _ g' t p� 4 J IM Ploll �Sig -99a4 F P go. Olin B nth IF �gp� w E io, 0 n CU CJ O N V z s a E �4 N bill 1 o s a �¢ey] ApApµpµ R3 a RQ, "aga �'SyJ FM1oF &8 .ee:. e.eseees €�f fill yy59k Cy 'I �u yv 3$ d d(&i� (y �'Siii�]� ,�4 M11,20,21 51 I4 _ p� 4 IM Ploll �Sig -99a4 F P go. Olin B �po�iia;�8d 5it10si:EAtr644 Qo..e g P. 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'$`•a\ m zo � � I ' C6 Y?w m z OQ 2 C I 1 6 ° �xW I Q 1 I em R 'i � ti ; I .96YO> M .fi0.06CO 5 , I n .i m I � i pitlCS M fi0A6CO 5 1 `mak rj mlm 9I'fi1l Cc Q OU O m zo ml f1 Z � Lu C6 Y?w z OQ 2 C I 1 6 ° �xW I �' U� ,L6 "SOL ; I .96YO> M .fi0.06CO 5 , I n m m 13� of oNm Q , w mNk hI �I I I m U + a$ .B£'I6£ 3 .60.0000 N 1'0N N0I S IA/O a 0S 3 N N V d A N b 0 d `1NItlUG .10 SISV6 IOOS9Z M 60,Wpp5 uxm o'N OV 0 N 3 70 V3 '1/0 M N M •99.6£.00 N SKE 1 1,'V I JJ i yam, ol,. / ) ylp Wl la \ a q • 1 @ - — ------------ AI )ry 4 i ai F I Page I of 2 Kristy Vigil From: Scott Steckline Sent: Tuesday, October 11, 2011 11:57 AM To: Jaycee Holman Cc: Kristy Vigil Subject: FW: LOC reminder Attachments: Meridian P&Z Landscape Letter & Exhibit A 10 10 11 FINAL0001.pdf Jaycee, Please release the LOC for Meridian storage condos as the applicant has made alternate arrangements with the Planning Department to comply with the Plat requirements. LOC # 24385 Washington trust Bank $58,261.56 Thank you Scott Steckline From: Kristy Vigil Sent: Tuesday, October 11, 201111:03 AM To: 'ronramza@kw.com' Cc: Peter Friedman; Scott Steckline Subject: FW: LOC reminder Hello Ron, The letter and the exhibit is the documentation the city needed to release the LOC. As stated, the landscaping that has not been installed will be installed with the respective future phases. Except the landscaping that has not been installed with building 3 and buildings 5 — 7, shall be installed with building eight. Please consider this email the Planning Department's "ok" to release to LOC. Thank you, Kristy From: Ron Ramza [mailto:ronramza@kw.com] Sent: Tuesday, October 11, 20119:57 AM To: Kristy Vigil Cc: Peter Friedman Subject: RE: LOC reminder Stt -Pit- f l/ Kristy, letter and revised exhibit A attached. Please confirm receipt and acceptance. Thanks, Ron! 867-9993 From: Kristy Vigil [mailto:kvigil@meridiancity.org] Sent: Monday, October 10, 20113:32 PM To: ronramza@kw.com Cc: Peter Friedman 10/12/2011 ( , Page 2 of 2 Subject: RE: LOC reminder Hello Ron, I have reviewed the letter and the exhibit and they will work perfectly. I just have a few comments: 1. Please clarify the gaps shown between buildings 8 —13; 2. Please depict the landscaping for the west side of building 13 with a green depiction. 3. Also, please submit a signed letter to our office (by email is fine) to accompany the revised exhibit. 1 really appreciate you taking care of this so quickly. Once I receive the letter & the revised exhibit, we will be able to release the LOC. Again thank you & have a nice evening, Kristy From: Ron Ramza [mailto:ronramza@kw.com] Sent: Friday, October 07, 201110:48 AM To: Kristy Vigil Cc: Peter Friedman Subject: RE: LOC reminder Kristy, please find letter draft and exhibit for your review. Please let me know if this is sufficient. Thanks for your assistance on this matter! Ron 867-9993 From: Kristy Vigil[mailto:kvigil@meridiancity.org] Sent: Monday, October 03, 2011 11:13 AM To: ronramza@kw.com Cc: Peter Friedman; Scott Steckline Subject: LOC reminder Good Morning Ron, I just wanted to remind you about written confirmations the Planning Department needs for the landscaping at Storage Condos. The confirmations need to state when the landscaping will be installed for the exiting buildings and with each phase of the site. In addition, I need the confirmations prior to October 11, 2011 to avoid cashing the LOC. Once I receive the confirmations, the City will be able to release the LOC. If you have any questions, please do not hesitate to contact me at 884-5533. Thank you, Kristy 10/12/2011 MSSB Enterprises LLC City of Meridian Planning & Zoning Krlsty Vigil /Peter Freidman 33 East Broadway Avenue Meridian, ID 83642 10/6/2011 Ms. Vigil, The landscaping completion plan is for CZG08-035 &ALT o8-olo, MSSB Enterprises LLC Storage Condos Meridian 658 North Principle Place Meridian, ID 83642 This letter is in response to the meeting, discussing landscape completion at the Storage Condos project, on September 20th, 2011 at your office with Ron Ramza. MSSB Enterprises LLC, hereby agrees to install and complete the landscaping requirements that are currently bonded, in the following manner: Landscaping for Phase I & IIA (North) & Building 3 &'7 - shall be completed prior to occupancy of Building 8 which is to be built. Exhibit "A" attached. The landscaping for the North side of Building 1 & 2 which shall be installed upon building completion and prior to occupancy of buildings 1 & 2. All future buildings and corresponding proximity landscape requirements shall be installed upon buiWng completion and prior to occupancy. Please call with questions. Thanks for your assistance with this matter! Sincerely, Steve Schmidt Member, MSSB Enterprises LLC Landscaping Letter Exhibit A FTo be completed with Building 1 & 2 Minim will wiliti-imill Landscape requirements in this area, not yet installed, shall a be completed prior to occupancy of Building 8 _j ---- N � StorageCondos 658 North Principle Place Meridian, ID 83642 9DLG gt Version 2 10/10/2011 Occupancy To be completed with Building 8 Occupancy To be completed with Building 9 To be completed with Building M Occunancv To be completed with Building 11 Occunancv To be completed with Building 12 OccuDancv To be completed with Building 13 Occupancy IRREVOCABLE STANDBY LETTER OF CREDIT NO. 24385-R AMOUNT: $58,261.55 DATE: OCTOBER 15, 2008 City of Meridian Attn: Karie Glenn 660 E. Watertower Lane Suite 202 Meridian, Idaho 83642 Ladies and Gentlemen: We hereby establish our Irrevocable Standby Letter of Credit No. 24385-R in your avor for the account of MSSB ENTERPRISES LLC, P.O. Box 50505, Boise, Idaho, 83705, up to the aggregate amount of FIFTY EIGHT THOUSAND TWO HUNDRED SIXTY ONE AND 551100 -------Dollars ($58,261.55) U.S. currency, available by your draft(s) drawn at sight on its and presented to Washington Trust Bank on or before OCTOBER 15, 2009 covering the Meridian Storage Condos and accompanied by the following: 1. A signed statement from the City of Meridian reading exactly as follows: "I, the undersigned duly authorized representative of the City of Meridian, hereby certify that the draft drawn under this Letter of Credit represents the amount of money required to complete the landscaping improvements at the Meridian Storage Condos." 2. Original of this Letter of Credit. All drafts presented under the credit must contain the clause 'Drawn under Washington Trust Bank Letter of Credit No. 24385-R". Any and all banking charges, other than those of the issuing bank, are for the account of the beneficiary. We hereby engage with the drawers and bona fide holders of drafts drawn under and in compliance with the terms of this Letter of Credit that the drafts will be duly honored upon presentation and delivery of documents, as specified, to Washington Trust Bank, Fairview Branch, 325I E. Presidential Drive, Meridian, ID 83642, on or before OCTOBER 15, 2009. All drawings tinder this credit will be governed by the Uniform Customs & Practice for Documentary Credits (2007 Revision) International Chamber of Commerce Publication No. 600. Sincerely, Alex WestfalI Vice President THLS IS A DUPLICATE OF THE ORIGINAL LETTER OF CREDIT AND REPLACES TITE ORIGINAL IN ITS ENTIRETY. Boise Downtown Branch 901 West Bannock Avenue Boise, Idaho 83702 Phone (208) 343.5000 Fax (208) 333-9460 watrtrstcom Washington Trust Bank 1 1® AMENDMENT # 01 TO IRREVOCABLESTANDBY LETTER OF CREDIT NO. 24385 DATED: OCTOBER 15, 2008 AMOUNT: $ 58,261.55 October 28, 2009 City of Meridian Attn. Karie Glenn 660 E. W atertower Lane, Suite 202 Meridian, ID 83642 Ladies and Gentlemen: This letter will serve as our Amendment to Letter of Credit No. 24385 in your favor for the account of MSSB ENTERPRISES LLC, P.O. Box 50505, Boise, Idaho, 83705, up to the aggregate amount of FIFTY EIGHT THOUSAND TWO HUNDRED SIXTY ONE AND 55/100 - Dollars ($58,261.55) covering the Meridian Storage Condos as follows: 1. Amend expiry date FROM "October 15,2009" TO "October 15, 2010". 2. Amend Applicant's address FROM "PO Box 50505, Boise, ID 83705" TO 'TO Box 1265, Meridian, ID 83680-1265" All other terms and conditions of Letter of Credit No. 24385 remain unchanged. Sincerely, Alex We all Vice President Washington Trust Bank Boise Downtown Branch 901 `XrestBannockAveuue Boise, Idaho 83702 Phone (208) 343-5000 Fax (208) 333-9460 nl .watrustxom WashingtonTrust Bank ill® October 28, 2009 City ofMeridian Attn: Karie Glenn 660 E. Watertower Lane Suite 202 Meridian, ID 83642 RE: Irrevocable Standby Letter of Credit No. 24385 MSSB ENTERPRISES LLC Ladies and Gentlemen: Attached is an amendment on the above referenced Letter of Credit. Please acknowledge your acceptance or refusal of this amendment by signing the acknowledgement below and return this letter to us in the envelope provided. Thank you for your prompt response regarding this amendment. Sincerely, AAlcxestfa Vice President Washington Trust Bank ACKNOWLEDGEMENT: We hereby acknowledge that we 11 ACCEPT OR n REFUSE the amendment on the above referenced Letter of Credit. CITY OF MERIDIAN M TITLE: Boise Downtown Branch 901 West Bannock Avenue Boise, Idaho 83702 Phone (208) 343.5000 Fax (208) 333-9460 www.watmstxom RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: Moffatt_ Thomas, Barrett„ Rock & Fields, Chartered 101 S. Capitol Boulevard, 10th Floor Post Office Box 829 Boise, Idaho 83701-0829 LICENSE AGREEMENT FOR This License Agreement for Storage into and made effective this V4 day offt� IRRIGATION DISTRICT, an irrigation district organi laws of the State of Idaho, whose address is Post Of MSSB ENTERPRISES, LLC, an Idaho limited liability Box 1265, Meridian, Idaho 83680. In addition to the other capitalized certain words which shall have the (a) `Developer" refers to MSSB Et (b) "Settlers" refers to SETTLERS district organized and existing of Idaho. (c) "Property" refers to the real pr Porky Park Subdivision No. 2, in Book 96 of Plats at Pages L Affidavit recorded December records of Ada County, Idaho, attached hereto and made a iiai LICENSE AGREEMENT FOR STORAGE 22155.54 h DAVID NAVARRO AMOUNT 51.00 17 :51 AM 108112683' For Recorder's Use) CONDOMINIUMS (the "Agreement") is entered 2008, by and between SETTLERS and existing under and by virtue of the 7571, Boise, Idaho 83707, and whose address is Post Office defined herein, this Agreement contains LLC. TION DISTRICT, an irrigation nd by virtue of the laws of the State perty described as Lot 5 of Block 2 of ecording to the official plat thereof, filed 81 through 11883, and amended by 1, 2006, as Instrument No. 106201330, s depicted in Exhibit A -Vicinity Map, hereof. Cllent:1ee2511.1/ `- (d) "Specifications" means Se with Settlers, and the state. workmanship for the const maps, drawings, and notes part hereof (e) "Utility" or "Utilities" means by private or public entities, i electric, water, sewer, and gx WHEREAS, Settlers ovens and including the Settlers Southside Canal, for purposes standard engineering drawingsonfile describing the materials, dimensions, and a to which reference is made in the plans, in Exhibit B, attached hereto and made a services provided to the development ng, but not limited to, telephone, cable, a system of canals and laterals, delivering and removing irrigation water to and from its landowners, together with easements to convey water in such canals and laterals; easements for ingress and egress; and easements for the operation, inspection, maintenance, and repair of the canals and laterals; WHEREAS, Developer is record owner of the Property, which property is depicted on Exhibit A; "I WHEREAS, the Property is located within the boundaries of Settlers Irrigation District; WHEREAS, Developer desires to construct, own, operate, and maintain a ten inch both of which will cross the Settlers Southside Canal drawings and notes listed in Exhibit B; WHEREAS, Developer further construct, own, operate, and maintain five (5) six a license from Settlers in order to water line and a six inch (6") sewer line, the location depicted in the plans, maps, to obtain a license from Settlers in order to (6") conduits for pressurized irrigation, security, lighting, and cable, all of which will cross the Settlers Southside Canal at the locations depicted in the plans, maps, drawings and notes listed in Exhibit B; LICENSE AGREEMENT FOR STORAGE CONDOMINIUMS- 2 I/ 22155.54 Client:100251IA C WHEREAS, Settlers desires to grant constructing, owning, operating, and maintaining NOW, THEREFORE, in Settlers and Developer, and other good and valuable hereby acknowledged by the parties, and the hereinafter set forth, the parties agree with one licenses: 1. Grant of Licenses. Settlers (a) A license for the purposes of maintaining a maintain a ten inch (10") water line will cross the Settlers Southside Canal at various conditions of hereof and as depicted in the plans, (b) A license to Developer for and maintaining five (5) six inch (6") conduits for 1 cable, all of which will cross the Settlers Southside the terms and conditions hereof and as depicted in t Exhibit B. These licenses are collectively 2. Restrictions on Licenses. the Licenses are subject to the restriction that no Southside Canal until November 1, 2008, and must Developer expressly acknowledges and agrees that LICENSE AGREEMENT FOR STORAGE 22155.54 license to Developer for the purposes of sewer, and conduit crossings; of the mutual benefits to be received by which consideration is covenants, agreements, and conditions as follows: grants to Developer the following owning, operating, and a six inch (6") sewer line, both of which in accordance with the terms and drawings and notes listed in Exhibit B. of constructing, owning, operating, irrigation, security, lighting, and at various location, in accordance with plans, maps, drawings and notes listed in to hereinafter as the "Licenses." otherwise set forth in this Agreement, may begin on the Settlers completed prior to March 15, 2004. Agreement does not grant Developer the Cflen1110U2511.1 right to install any property, utilities, equipment, i be described in this Agreement, or the right to im, the Settlers Southside Canal, This grant of the Li receipt by Developer of any and all necessary app parties for its activities to be performed under the expressly conditioned upon Settlers' prior written the activities to be conducted by Developer under 3. Term of Grant of Licenses, upon the effective date of this Agreement and shall c compliance with the terms of this Agreement, Settle hereunder should Developer at any time fail to comp Agreement; provided, however, that Settlers delivers and Developer fails to cure the lack of compliance w written notice. 4. Installation and Inspection. Agreement by the parties, recording of this Agreeme the time limitations set forth herein, may commence Agreement and as described in the plans, maps, draw Developer, or its agents or contractors, shall perform Agreement in a workmanlike manner. Developer ag1 general liability and costs for the construction. Unless otherwise set forth in this by Developer which may impede or impair the flow LICENSE AGREEMENT FOR 22155.54 or other facilities, except as may rights of Settlers or others in the use of -s is expressly conditioned upon the prior Is from governmental entities and private is of this Agreement, and is further -oval of all drawings and plans concerning Agreement. : term of the Licenses shall commence for so long as Developer is in may revoke the Licenses granted with the terms and conditions of this 1 Developer written notice of such failure tin thirty (30) days of delivery of such following execution of this with the County Recorder, and subject to construction contemplated under this and notes referenced in Exhibit B. work contemplated by the terms of this to assume all responsibility, including any construction or other activities through the Settlers Southside Client: 1002511.1 Canal may only be performed during the non-irrig November 1 and March 15. Developer expressly Developer's assumption of certain responsibilities Agreement, Settlers does not relinquish its owners including the Settlers Southside Canal. 5. Warranties. The plans, maps; be approved in writing by Settlers prior to Settlers' facilities, including the Settlers Southside C warrants that the construction contemplated hereund workmanship. Developer agrees to replace any port Settlers Southside Canal which fail due to defects in installation for aperiod of two (2) years from the dal Settlers. The parties agree that such final inspection notification by Developer to Settlers of the completit hereunder. ,:7 Developer hereby recognizes an existing easement encased in a buried pipeline, comprising a total wi( License Agreement for Porky Park Development (1 Recorder on December 5, 2006, as Instrument No. Existing Easement exists for the purposes of cone season, which is usually between that, notwithstanding receipt of certain rights under this rights in any portion of its facilities, notes listed in Exhibit B must of any construction which will impact Developer hereby represents and will be free of defects in material and of the improvements impacting the workmanship, or improper of final inspection of the construction by occur within thirty (30) days of of the construction contemplated the Settlers Southside Canal, currently feet (30') granted to Settlers in the 2), recorded with the Ada County 189886 (the "Existing Easement"). Such water in the Settlers Southside Canal and for ingress and egress in order to operate, repair, maintain, and replace the Settlers Southside Canal. LICENSE AGREEMENT FOR STORAGE CONDOMINIUMS - 5 22155.54 _ Client:1002511;1. 7. grass within the area of the Existing Easement whic maturity and which in no way restrict Settlers' acce Additionally, Settlers authorizes Developer to const of the Existing Easement and four (4) six inch (6") which lies within the Settlers Southside Canal and tl six inches (6") above ground, as depicted in the plar B. Other than the landscaping and improvements as Developer shall not construct or install, or authorize improvements such as fences, structures, monument asphalt, or rocks, or any landscaping, such as trees o Easement. Settlers shall not be responsible for any c installed by Developer or its agents and caused by S, replacement of its facilities within the Existing Easei 8. Utility Crossings. Unless locations by providing plans fully depicting the utilii trench utility plan, Developer shall not allow any Uti portion of the Settlers Southside Canal, or otherwise easements, without the express written consent of Se form of an addendum to this existing Agreement or, separate license agreements be executed between SO to cross the Settlers Southside Canal. Where other U LICENSE AGREEMENT FOR STORAGE 22155.54 s. Developer may plant low shrubs and/or do not exceed two (2) feet in height at to and use of service roads and paths. 1ct or install asphalt paving within the area ;el bollards surrounding an irrigation box .Existing Easement and sits approximately drawings and notes Iisted in Exhibit particularly described in this Section, to construct, install, or erect any other statues, boulders, pathways, concrete, shrubs, within the area of Existing to any landscaping or improvements operation, maintenance, and/or has previously disclosed utility locations through a utility plan or a joint s or any private party to cross any or encroach upon Settlers' irrigation s. Said written consent may take the ers, in its discretion, may require that and the Utility or private party seeking es or private parties will be crossing ellent:1002611.1 I1../ Settlers facilities and/or systems, those Utilities or Agreement, in addition to the Developer, unless this In the event that Developer has not Utility or private party will be crossing a Settlers facility'; present to Settlers proof of this fact in one of the followin (a) title report confirming that no other recorded as of the date of recording of this Agreement, or (b) signed writings from the individual stating that they will not be crossing a Settlers facility and Absolutely no; construction may met these siting/crossing requirements to r7 Settlers Southside Canal. It is recognized by Settle. replacement of the crossing improvements constructs a Settlers facility, under the terms and conditions of i Plans, maps, drawings, or notes listed in Exhibit B, n execution and recording of this Agreement. In the e,% perform any maintenance, repair and/or replacement acknowledge and agree thattheprior written consent commencement of any such maintenance, repair and/ improvements within the :area of the easement grantee 111. Notwithstanding anything to thecontrarycontained drawings, and notes listed in Exhibit B, it is hereby' s are required signatories of this I is waived in writing by Settlers. ty plans and asserts that no system, the Developer shall forms: have been granted and Utilities serving the development for system. until said Developer or Utilities have of Settlers. that maintenance, repair and/or by Developer or Utilities and which cross Agreement and as identified in the subsequent to the Developer or Utilities desire to crossing improvements, they is required prior to of the crossing hereunder. this Agreement or the plans, maps, and agreed by the parties LICENSE AGREEMENT FOR STORAGE CONDOMINIUMS - 7 ///� 22155.54 chend=511 1 ! hereto that Settlers does not approve, authorize, pe discharge into any facility owned, operated, and/or conduit, culvert, canal, lateral, drain or other ditch. allow the construction of, any facilities capable of facility owned, operated, and/or maintained by Set allow, or accept any stormwater by Settlers, whether it be a pipe, Developer agrees to not construct, or stormwater discharges into any 11. Express Waiver. In the event that any Utilities or private parties do cross Settlers facilities and/or systems, or share in the use of Settlers' facility/system perpetual easements, said Utilities or private parties waive any and all claims against Settlers, now and in the future, concerning or arising from Settlers' activities involving Settlers' facilities and/or 12. Indemnity. Developer and Settlers facility and/or system or uses Settlers' ease and hold Settlers and its officers, directors, employ, against any and all liability, suits, losses, damages, nature, including court costs and attorney fees, arisi Developer, Utility, or private party, their agents, or (a) their crossing of Settlers' facilities and/or systeE (c) any activity under this Agreement; and (d) the e any obligations by Developer, Utility, or private pal Furthermore, Developer, and any indemnify, and hold Settlers and its officers, harmless from and against any and all liability, suits, expenses of any nature, including court costs and operation, and maintenance or private party that crosses a agrees to protect, defend, indemnify, members, and agents harmless from and actions, costs, and expenses of any from or out of any acts or omissions of to or in connection with (b) use of the easements of Settlers; of any privileges or performance of hereunder. or private party, agrees to protect, employees, members, and agents damages, claims, actions, costs, and fees, arising from or out of water LICENSE AGREEMENT FOR STORAGE CONDOMINIUMS - 8 22155.54 cllenl:1002511.4, - quality violations, flooding, or any interruption Settlers Southside Canal caused by any act or party, or their agents, 13. No Liens. Developer shall performed or materials supplied in connection with contractors, to attach to the Settlers Southside 14. with the flow of water in the of Developer, and any Utility, private liens as a result of any labor of Developer, its agents, or or to any adjacent lands held by Settlers. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in thi; proceeding by either party herein against the other connection with the activities of Developer, or its i the nonprevailing party in such suit or proceeding ; sums as the court shall adjudge reasonable for attol costs on appeal. 15. Further Consideration. granted are for its benefit, and not for the benefit promptly pay all engineering costs and legal and execution of this Agreement. It is expressly the payment of said costs or fees. 16. Entire Aereem . This the parties hereto with respect to the subject matter Agreement shall be made only by written instrument LICENSE AGREEMENT FOR STORAGE 22155.54 In the event of any suit or out of this Agreement or in or contractors, under this Agreement, pay to the prevailing party such sum or fees and costs, including such fees and recognizes that the Licenses herein and, for that reason, agrees to to the negotiation, preparation, that Settlers shall not be responsible for -9 the entire agreement between Amendments to this by each of the parties hereto. CIIent1002511.1 (/L 17: Binding Effect. The herein contained shall be binding on each of the claiming under them or any of them; and the rights benefit of each of the parties hereto and their 18. Severability.Ifanypartof unenforceable by a court of competentiurisdicton, given effect to the fullest extent reasonably possible. 19. No Waiver. The failure of a covenants, conditions, and agreements and on all parties and all persons I obligations hereof shall inure to the e successors and assigns. Agreement is held to be illegal or remainder of this Agreement shall be to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. 20. Intemretation. The validity, be determined in accordance with the laws of the 21. (a) Settlers, Settlers represents organized and existing under and by virtue of the capacity to enter into and perform its obligations and other actions required to authorize Settlers to been properly taken; and (iv) this Agreement has Settlers and is valid and binding upon Settlers in (b) Developer. Developer liability company duly organized and in good capacity to enter into and perform its obligations and effect of this Agreement shall of Idaho. Warrants that: (i) it is an irrigation district of the State of Idaho; (ii) it has the Agreement; (iii) all organizational into and perform this Agreement have properly executed and delivered by with its terms, and warrants that: (i) it is,a limited in the State of Idaho; (ii) it has the this Agreement; (iii) all actions required LICENSE AGREEMENT FOR STORAGE CONDOMINIUMS - to 22155,54 Clien1:1002511.1 to authorize Developer to enter into and perform thi. (iv) this Agreement has been properly executed and binding; upon Developer in accordance with its term and acknowledgments required to conduct the activi Agreement; and (vi) Developer is record owner of f< 22. have been properly taken; Developer and is valid and (v) it has obtained all permits, licenses, to be performed under the terms of the title to the Property. Developer hereby warrants that the person signing this Agreement has been authorized to do so by Developer. 23. Notices. All notices permitted or required to be given under the terms of this Agreement shall be in writing and shall be deemed effective upon receipt if sent by first class mail, postage prepaid, and addressed to the other address as a party designates in writing. SETTLERS IRRIGATION DISTRICT Post Office Box 7571 Boise, Idaho 83707 party hereto asfollowsor at such MSSB ENTERPRISES, LLC Post Office Box 1265 Meridian, Idaho 83680 Each party may change its address for delivery by written notice in the manner provided herein, 24. Recording. This Agreement shall be recorded upon execution in the office of the county recorder for each county in which any portion of the land covered by Agreement is located. [Signature Page LICENSE AGREEMENT FOR STORAGE CONDOMINIUMS -11 22155.54 GIIenC1002511.1 8U IN WITNESS WHEREOF, the date first set forth above. Attest: Tl4u ' 6.1, Vicki Keen, Secretary heretohaveexecuted this Agreement the LLC d t4444=(written name) Its c - P 4�C-774n47,�b DISTRICT Tom Davis, President of its Board of Directors LICENSE AGREEMENT FORSTORAGE CONDOMINIUMS -12 22155.54 Clienl11002511.A. STATE OF IDAHO ) ss. County of Ah - On this day of �fi" no public personally appeared be the ( �re�1,Jp„t— of MSSB ENTERPRISE who is the person that executed the instrument on be; acknowledged to me that MSSH ENTERPRISES, LLC, IN WITNESS WHEREOF, I have seal the day and year in this certificate first above STATE OF IDAHO ) ss. County of Ada ) Onthil-*� dayofOC40 Notary Public in and for said state, personally to be the President of the Board of Directors o who executed the instrument on behalf of the acknowledged to me that SETTLERS IRRIGAT IN WITNESS WHEREOF, I have seal the day and year in this certificate first above 'TAR), rs+p G PUBS, r6 OF 1s 2008, before me, the undersigned known or identified to me to LLC, an Idaho limited liability company, alf of MSSB ENTERPRISES, LLC; and xecuted the same. set my hand and affixed my official i$ng at Commission 2008, before me, the undersigned TOM DAVIS known or identified to me RS IRRIGATION DISTRICT, the person IRRIGATION DISTRICT, and executed the same. set my hand and affixed my official Commission Expires LICENSE AGREEMENT FOR STORAGE CONDOMINIUMS -13 22155.54 Client: 1002511.1 STATE OF IDAHO ) j ss. County of Ada ) On this —1-- day of WVW Notary Public in and for said state, personally appeai to be the Secretary of SETTLERS IRRIGATION DISTE instrument on behalf of the SETTLERS IRRIGATION 1 SETTLERS IRRIGATION DISTRICT executed the sam IN WITNESS WHEREOF, I have seal the day and year in this certificate first above 4prTAR Y N C rE of LICENSE AGREEMENT FOR STORAGE 22155.54 2008, before me, the undersigned VICKI KEEN known or identified to me r, the person who executed the TRICT, and acknowledged to me that my hand and affixed my official lam%at 14v Ifi Commission Expires -14 IDAHO Cllenl:1002511.1 Vicinity EXHIBIT A clientiom ,i EXHIBIT Engineering Plans and Please refer to the following plans Meridian Storage Condos-- Lot 5 Block 2 Porky Project No. 418-01: Title Sheet, Sheet C-1, dated 5/27/08 Grading & Drainage Plan, Sheet C-2, Utility Plan, Sheet C-3.0, dated W8/t Utility Details, Sheet C-6, dated 5/27/ vcd by Quadrant -Consulting, Inc., titled Subdivision #2 -- Civil Site Design, 8/28/08 EXHIBIT B CIIenIt1002511.1 Planning Department CERTIFICATE OF ZONING COMPLIANCE Application Checklist Project name: J S— Applicant/agent: 12OAt %L4-/A/'Z-+ rranired to nontain one copy of the following unless otherwise noted: Description Staff alive Review Application roposed use of the property, including the following: evious approvals or requirements for the requested use / ofa rovalorDevelo ment Agreement) t/ subject property ed & notarized by the property owner (If owner is a corporation, ration or other evidence 1. show flat the person signing is an audiorized a L) e location of the subject property roval for trash enclosure & access drive (stamped site plan) y light fixture(s) with a maximum output of 1,800 barons the property lies within 8 %2" x 11" Public Works 0 dfe 8- x 11" size) 7p�j p shown on the sit tall: ow, and roje arae (scale not less than 1' 50') d telephone numbers of the developer and the person and/or fine preparing the lan • Parking stalls and drive aisles AbP • Trash enclosures location �^ • Detail of trash enclosure (must be somened on 3 sides) • Location and specifications for underground irrigation (Pressaraed hrigati only be waived if you prove no water rights exist to subject proped )Ivy. W • Sidewalks or pathways (proposed and existing) • Location of proposed building on lot (include dimensions to lamporty lines) • Fencing (proposed and existing) • Calculations table including the following: ➢ Number of parking stalls required & provided (specify handioap & oompact stalls) Q %1 ➢ Building size (sq. ft) ➢ Lot size (sq, ft.) ➢ Setbacks LP ➢ Zoning district r • Reduction of the site plan 8 %2" x 11" Landscape plan — 3 copies (folded to 8 %2" x 11" size) Plan insist have a scale no smaller than I " = 50'(1 " = 20' is preferred) and be on a standard - / drawing slieet, not to exceed 36" x 48" (24" x 36" is preferred)..4 plan which cannot be drawn in its entirety on a single sheet mast be drawn with appropriate match lines on two or more sheets. The followin itemsust a included on the dscu a plan: 77 • Da , sca , no arrow, and ro'e • Names, addresses, and telephone numbers of the developer and the person and/or firm preparing the plan 660 E. Watertower Lane, Saite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.metidiaacity.org KO 713 qq ACRD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this application. All impact fees, if any, shall be paid prior 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 & ZoningDepartmentfor approval prior to the issuance ofa buildingpermit. Your building pennit will not be issued until ACHD has approved your plans and all associated fees have been paid THISAPPLICATIONSHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF, HASRECEIVED ALL REQUIRED INFORMATION. 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiarcity.org (Rev. 9/21106) M • Existing natural features such as canals, creeks, drains, ponds, wetlands, flood lain, 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 100, 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, stormwater 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. • Location and labels for all proposed plants, including trees, shrubs, and groundeoverS (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 (1, 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. • Design drawing(s) of all fencing proposed for screening purposes • Calculations of project components to demonstrate compliance with the ( - 5t� requirements of this ordinance, including: ➢ Number of street trees and lineal feet of street frontage D 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 %x" x 11" Building elevations showing construction materials V R If applying for approval of a public school, provide additional information as required by the Public School Facility supplemental checklist per 67-6519. Fee If this project had prior approval on a site plan, reduced fees may apply) ACRD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this application. All impact fees, if any, shall be paid prior 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 & ZoningDepartmentfor approval prior to the issuance ofa buildingpermit. Your building pennit will not be issued until ACHD has approved your plans and all associated fees have been paid THISAPPLICATIONSHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF, HASRECEIVED ALL REQUIRED INFORMATION. 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiarcity.org (Rev. 9/21106) M 1[)Al lrl � Planning Department ALTERNATIVE COMPLIANCE ■ Application Checklist Pro'ectname: 7 C �Gl-,i` File#: A licanUa ent All applications are required to contain one copy of the following unless otherwise noted: Appyant Description staff Completed & signed Administrative Review Application (/falso submitting a concurrent application for a preliminary plat or conditional use permit, theAhernative Compliance request will be processed along with that application. Therefore, an Administrative Review application is not necessary in this case; just check the Alternative Compliance box on Commission & Council Review Application and submit the information belmv) 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 / ➢ Any supporting documentation or plans ✓ Fee THISAPPLICATIONSHALL NOT BE CONSIDERED COMPLETE UNTIL STAFFHASRECEIVED ALL REQUIRED INFORMATION 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: w v.meridiancity.org (Rev. 9/21/06) "Im