Qdoba at Grandview Station CZC 07-113crrY OF
}� IDAHO
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: June 4, 2007
Project Name/Number: Qdoba at Grandview Station — CZC-07-113
Owner: Bladov Properties LLC
Site Address: 3068 E. Overland Road
Proposed Use: Restaurant and Multi -Tenant Retail Shell (4,868 sq. ft.)
Zoning: C -G (General Retail and Service Commercial District)
Comments:
Conditions of Approval: Project is subject to all current City of Meridian ordinances and the conditions of
approval for the Dorado Subdivision. Issuance of this permit does not release the applicant from any previous
requirements of other permits issued for this site. The issuance of this permit does not release the applicantfrom
any requirements of the approved Annexation & Zoning (AZ -05-019), Conditional Use (CUP -05-031), Preliminary
Plat (PP -005-024), Final Plat (FP -05-057), as well as any Development Agreements recorded for this site. Because
users for this building are not proposed at this time, the future tenants must obtain tenant improvement sign
off from the Planning Department prior to receiving occupancy
Site Plan: The Site Plan prepared by BRS Architects on April 19, 2007, labeled CZCI, is approved (stamped
"Approved" on June 4, 2007, by the Meridian Planning Department) with the following changes (see redline
changes on plan):
1. Provide a vehicle turnout within the north parking lot by locating the trash receptacle farther west.
2. Per UDC 11 -3A -19C -4a the pedestrian walkway, from the perimeter sidewalk to the main building
entrance, must be of a minimum eight feet (8') in width.
3. Per UDC 11 -3B -8C, a 5 -foot minimum perimeter landscape buffer is required adiacent to all
parking areas Per UDC 11 -3C -5A all parking stalls shall be 19 feet in depth adiacent to said buffer.
The parking stall dimensions may be reduced two feet (21) in length only if two feet (2') is added to
the width of the adiacent landscape buffer (UDC 11 -3C -5B).
Other than the aforementioned changes, the approved site plan is not to be altered without prior written approval of
the Planning Department.
Landscape Plan: The Landscape/site Plan prepared by BRS Architects on April 19, 2007, labeled L1.00, is
approved (stamped "Approved" on June 4, 2007, by the Meridian Planning Department) with no 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.
Elevations: The Elevations revised by BRS Architects on May 31, 2007, Sheet Number A4.1, is approved
(stamped "Approved" on June 4, 2007, by the Meridian Planning Department) with no changes from the Planning
Department. The approved elevation plan is not to be altered without prior written approval of the Planning
Department.
Curbing: Per UDC 113C-513, all landscape areas and sidewalks adjacent to driveways, parking lots, or other
vehicle use areas, must be protected by curbing, and wheel stops or other approved protective devices.
Overhang is allowed and wheel stops / protective devices not required when two feet (2') is added to the
width of the adjacent sidewalk or landscaped area. Curbing may be cut to allow for storm water runoff.
Parking: The proposed parking areas shall be paved and striped in accordance with UDC 11-313. Project
engineer/architect shall certify that the number and size of handicap -accessible spaces conforms to the Americans
with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance per ADA and signed
accessible.
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 1.1-3B-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 11-313-10-C.5.
Irrigation: An underground, pressurized irrigation system must be installed to all landscape areas per the approved
specifications and in accordance with UDC 11-3A-15.
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.
Li tin : 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 11-31)..
Trash Enclosure: All dumpster(s) must be screened in accordance with UDC -11-3A-12. Trash enclosures must be
built in the location and to the size approved by SSC.
Handicap -Accessibility: The structure, site improvements and parking areas must be in compliance with all federal
handicap -accessibility requirements.
ACHD Acceptance: All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes
must be made to the site plan to accommodate the ACHD requirements, a 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. A Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of
a Letter of Credit or cash in the amount of 110% of the cost of the remaining improvements. A bid must
accompany any request for Temporary Occupancy.
Plan Modifications: Except for the changes mentioned above, the approved Site Plan, Landscape Plan, and
Elevations, stamped "Approved" on June 4, 2007, are not to be altered without prior written approval of the
Planning Department. No significant field changes to the landscape/site plan are permitted; prior written approval
of all changes is required.
ai-a- QU
Amanda Hess, Associate 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.
•, a
Type of Review Requested (check all that apply)
El Accessory Use
❑ 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
Applicant Information
Planning Department
ADMINISTRATIVE REVIEW APPLICATION
STAFF USE ONLY:
File number(s): t Z( — ti? - 113
Projectname: Qnps } 00f-806
Date filed: Date complete:
Assigned Planner: Ar llV � 55
Related files:
Applicant name:�., s2 11010
Applicant address: IFLVM Lo NA LdV e r
Applicant's interest in property: KOwn : ❑ Rent ❑ Optioned ❑ Other
1
Owner name: Gl#4pgr
Owner address: 1-1UC26 I,nKlgp— �, �1 ►��
Phone:155.32%,7`l99
Zip: ect502-
Phone; -1ST, ?22, 719/
Zip: 59502
Agent name (e.g., architect, engineer, developer, representative): _ � JEFF Lw.Es
Firm name: 16Rks A-sz t r
Address: _VOky S_ Imo► ktlL�
- - W.
Primary contact is: ❑ Applicant ❑ Owner Agent ❑ Other
Contactname: JF -FF t-t1Lr5
E-mail:JEV-C- E i 5 �N �Trc-t'S= C ottil
Subject Property Information
Location/streetaddress: 3�t�3 E✓• 1�v>o
Assessor's parcel number(s): O.\o QXk\ 0050
Township, range, section:
Total acreage: 1.057 ke-
Current land use: V P.c_D.tl'T Current zoning district: C --
Phone: 331,, �2371)
Zip: &S')09
Phone: 3310. �37D
Fax: 331•- n130
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
1 (Rei. 9./21106)
Project Description
Project/subdivision name: Lo C' !2— ELY— D l i::>b2pA;�ta �,-ve
General description of proposed project/request: RE �rwrar+ct' t� �A.D
Proposed zoning district(s): C." C4
Acres of each zone proposed: k.05-1
Type of use proposed (check all that apply):
❑ Residential Commercial ❑ Office ❑ Industrial ❑ Other
Amenities provided with this development (if applicable): /t✓ �4-
Who will own & maintain the pressurized irrigation system in this development? \W, )Ck, Moo'c Com.
---Which irrigation district does this property lie within? 14Nt•*,P A+ Mab tau 1 PC V%Wwn Dt 5rk�:_
Primary irrigation source: K1K Secondary: CtyN WWOR
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water):
Residential Project Summary (if applicable)
Number of residential units:
Number of building lots:
Number of common and/or other lots:
Proposed number of -dwelling units (for multi -family developments only):
1 Bedroom: 2 or more Bedrooms:
Minimum square footage of structure(s) Lexcl. garage): Proposed building height: _
Minimumroe s.
p p rty size (f): Average property size (s.f.):
Gross density (DU/acre-total land): Net density (Macre-excluding roads & alleys):
Percentage of open space provided:; - Acreage of open space:
Percentage of useable open space3 (See Chapter 3, Article G, for qualified open space)
Type of open space provided in a6fe,s{(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
Other lots:
Gross floor area proposed: 'A. . eU 8 Existing (if applicable):
Hours of operation (days and hours): Building height: �Ze Qui Tn. pAe .6
Percentage of site/project devoted to the following:
Landscaping: Building: Paving:
Total number of employees:
Maximum number of employees at any one time:
Number and ages of students/children (if applicable):
Seating capacity: 71i2>
Total number of parking spaces provided: Sq Number of compact spaces provided: i 1
Authorization
Print applicant name:' F_Vr_
Applicant signature: i4e+4 'L` Date: ri to .22P7
60 . Watertower Lane, Suite 202 Meridian, Idaho 83642
Phone: (208) 884-5533 Facsimile: (208) 888-6854 • Website: www.meridiancity.org
A
! �►
ARCHITECTS
BRS Architects, A.IA.
1010 S. Allante Place, Suite 100
Boise, Idaho 83709
Telephone 208 336-8370
Fax 208 336-8380
May 9, 2007
www.brsarchitects.com
...--.., r
-. -•---
modulation by virtue of the changes "in `parapet heights, wall planes,
awnings, colors and textures along the entire length of the facades.
b. Primary public entrance: Building is a multi -tenant retail shell. Each
tenant entrance is defined by storefront glazing and covered entry.
c. Roof lines: The roof design demonstrates overhanging awnings and
varying parapet heights.
d. Pattern variations: The building design incorporates changes in
texture via the use of brick, stone accents, stucco and corrugated
roofing; color via the colors of the brick, stucco, roofing„ awnings and
glazing; materials via the use of stone, stucco, metal and glass.
e. Mechanical equipment: All rooftop mechanical units shall be screened
from the public as viewed from the property lines via parapets and
mechanical screens, if required.
2. Color and materials: The exterior of the building walls demonstrates the
appearance of high-quality materials such as brick, stucco, corrugated roofing
and accents.
3. Parking lots: The building and parking area are partially screened by
landscaping that is located along Overland Road.
4. Pedestrian walkways:
a. A continuous internal pedestrian walkway that is a minimum of (6) six
feet wide is provided from the perimeter sidewalk to the building
entrance. This walkway minimum width shall be maintained clear of
any outdoor displays, vending machines, or temporary structures.
b. The internal pedestrian walkway is distinguished from the vehicular
driving surfaces through the use of scored/stamped concrete.
c. We do not have any aisle lengths that are greater than 150 parking
spaces or 200 feet away from the building's entrance..
d. Walkways along the front of the building are covered.
Jeff Likes
BRS Architects
1010 S. Allante, Ste 100
Boise Idaho 83709
Ph: 208.336.8370
Fx: 208.336.8380
cc:
• Page 2
Qdoba- Overland / Eagle
q
F84
Legend
Major Streets
MINOR ARTERIAL
MAJOR COLLECTOR
4,/ SECTION
N PRINCIPAL ARTERIAL
N INTERSTATE
N
M Other
Minor Streets
LOCAL
mN
PARKS
PRIVATE
RESIDENTIAL
i
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N Other
Street Names (minor)
Parcels
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Ada-OQ2005
ED Schools
F
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C3 Boise
E a1`f BROWN D RD
Garden Cky
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Eagle
Q Star
Meddian
N
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Scale: 1:5,000
This map is a user generated static output from an Internet mapping site and is for general
reference
only. Data layers that appear on this map may or may not be accurate, current, or
otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION.
CORNER
I-84 C.P.&F. F.
N0.99 17 16
3 7973'28• EIr
78.57'
4998 _N 8919'30' E 466.94'
P_5 .W.�
67.79' 150.OD' 150.00 99.15'
25.7" N901 20-
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1 5 89'19'30' W
1 14 BLOCK 1 i gi 9 i mae
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N 89'53'14' E 327.02 1 a N 8919 3'
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EASES=NT II^I 1 O
1 1 I 111' Lfi Y 120.8]
DETAIL235' II'I 329.23'x– o–_ 90.0 l Nn
10RP 1:2D41 150.00' 179.23 91.96 I nl 62-
50,
I N 89.46'18' E" I - I N 457)0'00' E
50' a N 89'48'1 B' 300.90' I I 1 I
150.45-- –r-'1-19„5– �J 10 S 87'49'16' E I .54.79'
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lal1p o BLOCK 1 0 0l REAL POINT
J : { 3 —__---- 120.2WI --- OF BEGINNING
iz
�, i GRAWTY IRflB 40ON EASMENT 2576• i =06.67• 443'19' W
150.45' ny78.51��1�5' 1 9 – 4 46.53
1 S 88 3() 00 W 270.36 in 232. 3' ,
S 89'48'18' W 379.37' S 89'4818 W I/s"4so' 17 16
17 E. OVERLAND ROAD 95.68• _
— — 5 69'46'1 B"W 2656.13' _j 20 21
20 1 4 CORNER BASIS OF BEARING - C.'.k F. NC.103135428
C.P.k F. NO.103135427
ISI
PLAT SHOWING
DORADO SUBDIVISION
A PORTION OF LOT 19, BLOCK 1, OVERLAND WAY SUBDIVISION
AND A PORTION OF THE SE 1/4 OF THE SE 1/4
LOCATED IN SECTION 17, T_3N., RAE., B.M.,
MERIDIAN, ADA COUNTY, IDAHO
STANLEY CONSULTANTS
MERIDIAN, IDAHO
100 50 0 100 2GG 300
SCALE IN FEET
I"
1) MESS OIHRNISE 910TAA ALL LO15 AE�IEAFgH1'�DEA HATED /S RAVING A PERMANENT EASEMENT FOR
FOUND BRASS CAP MONUMENT
PUBLIC UOITIFS. STREET LIONTS. RRICATION. LDT OMNAB AFD LOT (IINIF119 ASSOCIATION LANDSCAPING
OVER INE TWELVE FEET ADJACENT TO ANY PUBLIC STREET. INS EASEMENT SHALL NOT PRECLUDE THE
SET 5/8' D 30' REBAR
CIONSIRUCLON OF HARD-SUWACED DIMMYS AND WALKWAYS 70 EACH LOT.
WTI1 PLASTIC CAP. PLS 4996
L
FOUND 5/13' REBAR WTH
O
Il
PLASTC CAP
J
GLOAAiED POINT (NOT SET)
4) IRRIGATION WATER R45 BEEN PROVIDED FROM TRE NAYPA-MEROIAN IRIAGAIDN DISWICT, IN COMPLIANCE
PROPERTY BOUNDARY
_ – – – – – – –
_ PUBLIC UXITY. SEWER AND WATER EASEMENT NNE
AND WILL BE OBLIGATED FOR ASSESSMENTS FROM TIE NAJPA-MEROAN IBOGAIION DISTRICT,
UNLESS OTHERWISE DESIGNATED
5) IWEDING SETBACK DBiVRONS IN THIS SUBDIVISION SHALL CONFORM TO THE APPLICABLE ZONING REGULATIONS
LOT OWNERS ASSOCIATION LANDSCAPING AND
_ – – – _ – – –
_
PRESSURE IRRIGATION EASEMENT. WCTH AS SHOWN
6) THE OElno off OF TINS PROPERTY SMALL BE IN COMPLIANCE WIH THE NEILOAIN Ott ZONING
LOT LINE
—
– SECDON UNE
9
LOT NUMBER
1) MESS OIHRNISE 910TAA ALL LO15 AE�IEAFgH1'�DEA HATED /S RAVING A PERMANENT EASEMENT FOR
PUBLIC UOITIFS. STREET LIONTS. RRICATION. LDT OMNAB AFD LOT (IINIF119 ASSOCIATION LANDSCAPING
OVER INE TWELVE FEET ADJACENT TO ANY PUBLIC STREET. INS EASEMENT SHALL NOT PRECLUDE THE
CIONSIRUCLON OF HARD-SUWACED DIMMYS AND WALKWAYS 70 EACH LOT.
2) A PERPETUAL V ZHICIAAA CROSS ACCESS EASEMENT IS HEREBY O3NCATED-TO AL LOIS VIM RDS
SUBDIVISION.
3) ANY RE -SUBDIVISION OF THIS PLAT SHALL COMPLY WM THE APPUCABIE ZONING REGULATIONS IN EFFECT AT
THE TIME OF 7NE RE-SUEOIVISON.
4) IRRIGATION WATER R45 BEEN PROVIDED FROM TRE NAYPA-MEROIAN IRIAGAIDN DISWICT, IN COMPLIANCE
NRI DNB CODE 31-38WB). LOTS WITHIN TIE SUBOMSON WILL BE ENTITLED TO IRRIGATION WAIER RIGHTS
AND WILL BE OBLIGATED FOR ASSESSMENTS FROM TIE NAJPA-MEROAN IBOGAIION DISTRICT,
5) IWEDING SETBACK DBiVRONS IN THIS SUBDIVISION SHALL CONFORM TO THE APPLICABLE ZONING REGULATIONS
OF THE ON OF MR" IN EFFECT AT THE ISSUANCE OF A BUILDING PERMIT.
6) THE OElno off OF TINS PROPERTY SMALL BE IN COMPLIANCE WIH THE NEILOAIN Ott ZONING
ORDNANCE ON AS SDEOFICALLY APPROVED.
7) THE DORADO LOT OfWFR•S ASSOCIATION MAINTENANCE COMMITMENT MAY NOT SE DISSOLVED OR ASSIGNED
TO OTHERS WITHOUT THE DEPRESS CONSENT OF THE CITY OF YENDAN
B) DIRECT LOT ACCESS TO EAGLE ROAD AND OVERLAND ROAD IS HEREBY RESTRICTED TO THE APPROVED
POINTS UNLESS SUCH ACCESS B SPECIFICALLY APPROY D BY THE CITY OF MERIDIAN AND. ADA COUNTY
NONWAY OSIRICL
9) THE BOTTOM ELEVATION OF STRUCRRA FOOINGS SHALL BE SET A MINIMUM OF 12 WOWS ABOVE THE
MGMEST ESTABIHED NORMAL INROAD WATER ELF1'ATIOL
10) MAINTENANCE CF ANY RRDAROH OR DRAINAGE PIPE OF DITCH MOM A LOT IS THE RESPON99UTY OF
IRE LOT OWER, UNLESS 9161 RESP'ON99UIY IS ASSUMW BY AN IRINGATICN/ DRAINAGE ENTY.
11) LOT 3. BLOCK 1 6 TO BE 000 AND MAINTAINED BY TIE NAMPA-MFROAI UNIGARON OS7NCT FOR THE
OPERATION OF AN IRRIGATION NAP.
12) ON NO. 753 MNS NO. 166712) FOR VACATION AND ABANDONMENT FOR THE RIGHTS
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KIMBALL PROPERTIES
LIMITED PARTNERSHIP
MERIDIAN, IDAHO SHEET 1 OF 2
113'96 5/11/06
OVERLAND ROAD vw suLE:r=lDw
SITE/BUILDING DATA
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KEY I BOTANICAL NAME 1
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�io.w�w�7Xcol�o S
June 20, 2007
TO: Qdoba Mexican Grill
4655 Longley Ln. Ste 105
Reno, NV 89502
SUBJECT: MCZC-07-113
Qdoba Mexican Grill
3068 E. Overland
John S. Franden, President
Rebecca W. Arnold, Vice President
Sherry R. Huber, Commissioner
David Bivens, Commissioner
Carol A. Mckee, Commissioner
Whc
JUN 1 5
Cit�> Of
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ity G erk, O fgee
On 5-11-2005, the Ada County Highway District Commissioners acted on MPP -05-020 for Dorado
Subdivision. The conditions and requirements also apply to MCZC-07-113.
• Prior to final approval you will need to submit plans to the ACHD Development Review
Department.
• A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a
building permit. Contact ACHD Planning & Development Services at 387-6170 for
information regarding impact fees.
If you have any questions or concerns please feel free to contact this office at (208) 387-6177.
Sincerely,
C
Chelsee Kucera
Planning Intern
Right -of -Way and Development Services
CC: Project File
Lead Agency: City of Meridian
BRS Architects- Jeff Likes
1010 S. Allante PI.
Boise, ID 83709
Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us
Right -of -Way & Development Services
Planning Review Division
ACHD
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This application required Commission action due to the size of the development. This item was scheduled
on the consent agenda on May 11, 2005 at 6:30 pm. Tech Review for this item was held with the applicant
on Friday April 29, 2005. Please refer to the attachment for request for reconsideration guidelines. Staff
contact: Andrea N. Tuning, 208 -387 -6177 -phone, 208 -387 -6393 -fax, atuninaCcD-achd. ada. id. us
File Numbers: Dorado Subdivision / MPP -05-020 / MAZ-05-019
Site address: Northwest corner of Overland Road and Eagle Road
Owner/Applicant: Kimball Properties
1940 South Bonito Way Suite 160
Meridian Idaho 83642
Representative: Stanley Consulting
1940 South Bonito Way Suite 140
Meridian Idaho 83642
Application Information:
The applicant has submitted an application to the City of Meridian requesting annexation, rezone and
preliminary plat approval to construct a 16 -lot commercial subdivision on 10.9 -acres. The site is currently
zoned RUT and is proposed to be rezoned to C -G. The site is located on the northwest corner of Overland
Road and Eagle Road.
Acreage: 10.9 -acres
Current Zoning: RUT
Proposed Zoning: C -G
Buildable Lots: 16 -Lots
Common Lots: None
Vicinity Map
%77'
A. Findings of Fact
Trip Generation: This development is estimated to generate 4,208 additional vehicle trips per based
on the Institute of Transportation Engineers Trip Generation Manual.
2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building
permit. The assessed impact fee will be based on the impact fee ordinance that is in effect at that
time.
3. Traffic Impact Study: A traffic impact study was not required with this application due to the fact that
the adjacent roadways have recently been improved and all access is in accordance with District
policy.
4. Site Information: The site has one existing single-family residential dwelling.
5. Description of Adjacent Surrounding Area:
a. North:
1-84 - Interstate
b. South:
Eldorado Business Park
c. East:
1.409 -acres zoned R-1
d. West:
Overland Way Subdivision
6. Impacted Roadways
Overland Road:
Frontage:
Functional Street Classification:
Traffic count:
Level of Service:
Speed limit:
An acceptable Level of Service
COMPASS Planning Thresholds
Eagle Road:
Frontage:
Functional Street Classification:
Traffic count:
Level of Service:
Speed limit:
An acceptable Level of Service
COMPASS Planning Thresholds
900 -feet
Minor Arterial
East of Eagle Road was 13,341
Better than C
35 MPH
for this segment of roadway is a
on 2-27-02
Level of Service D based on
675 -feet
Principal Arterial
North of Overland Road was 22,670 on 2-27-02
Better than C
40 MPH
for this segment of roadway is a Level of Service D based on
7. Roadway Improvements Adjacent To and Near the Site
Overland Road (west of Eagle Road) is improved with 5 -traffic lanes with vertical curb, gutter and
sidewalk. Overland Road widens as it approaches the Eagle Road intersection. Overland Road at
the Eagle Road intersection (west leg) has 7 -traffic lanes with vertical curb, gutter and sidewalk.
Eagle Road is improved with 5 -traffic lanes with vertical curb, gutter and sidewalk. Eagle Road
widens as it approaches Overland Road. Eagle Road at the intersection (north leg) has 7 -traffic
lanes with vertical curb, gutter and sidewalk. There is a small segment of Eagle Road abutting this
site that is not improved with curb, gutter and sidewalk.
8. Existing Right -of -Way
Overland Road has a total of 120 -feet of right-of-way (70 -feet from centerline).
Eagle Road has a total of 150 -feet of right-of-way (58 -feet from centerline).
2
9. Existing Access to the Site
The site has a number of curb cut driveways and one curb return type driveway that intersects
Overland Road.
10. Site History
The District has not previously reviewed a development application on this parcel.
11. Capital Improvements Plan/Five Year Work Program
Overland Road and Eagle Road (abutting this site) were improved in 2003-2004 as a result of a
developer's cooperative agreement. At that time, Eagle Road and Overland Road were fully
improved (abutting this site).
12. Other Development in Area
On January 16, 2002, the District reviewed and approved a 32 -lot commercial subdivision on 85.36 -
acres (Eldorado Subdivision). As a part of Eldorado Subdivision, the District approved three -access
points to Overland Road (one public roadway, one full -access driveway and one right-in/right-out
driveway only).
B. Findings for Consideration
Overland Road
Right -of -Way and Improvements
District policy requires 96 -feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way
allows for the construction of a 5 -lane roadway with curb, gutter, 5 -foot concrete detached sidewalks
and bike lanes.
District policy requires 7 -foot wide attached (or 5 -foot detached) concrete sidewalk on all collector
roadways and arterial roadways (7204.7.2).
Overland Road was recently reconstructed to provide 5 -traffic lanes with vertical curb, gutter
and sidewalk between Eagle Road and Locust Grove Road. Overland Road widens at the
Eagle Road intersection (west leg) to accommodate 7 -traffic lanes with vertical curb, gutter
and sidewalk. Due to the fact that Overland Road is fully improved and is not anticipated to
be widened in the future, the applicant will not be required to dedicate additional right-of-way
or construct additional improvements on Overland Road.
Driveways
District policy 72-F4 (1) requires driveways located on arterial roadways near a signalized intersection
to be located a minimum of 440 -feet from the signalized intersection for a full -access driveway and a
minimum of 220 -feet from the signalized intersection for a right-in/right-out only driveway.
District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of
35 to align or offset a minimum of 150 -feet from any existing or proposed driveway.
District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles
to a maximum width of 36 -feet. Most commercial driveways will be constructed as curb -cut type
facilities if located on local streets. Curb return type driveways with 15 -foot radii will be required for
driveways accessing collector and arterial roadways.
Graveled driveways abutting public streets create maintenance problems due to gravel being tracked
onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to
pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of the
roadway and install pavement tapers with 15 -foot radii abutting the existing roadway edge.
3
The applicant is proposing to utilize an existing 35 -foot wide curb return type driveway that
intersects Overland Road approximately 365 -feet east of Bonito Way. This driveway is in
alignment with the full -access driveway that was previously approved and constructed as a
part of Eldorado Business Park on the south side of Overland Road. This driveway width and
location meets District policy and should be approved with this application.
The applicant is proposing to construct a 35 -foot wide curb return type driveway that functions
as a right-in/right-out driveway ONLY and intersects Overland Road approximately 235 -feet
west of Eagle Road. This driveway is proposed to be located in alignment with the right-
in/right-out driveway ONLY that was previously approved as a part of the Eldorado Business
Campus. As a condition of approval, this driveway was required to be restricted with a 6 -inch
raised median. The median has been constructed and will restrict the proposed driveways
movements to right -in and right -out ONLY. Although this driveways location meets District
policy, staff recommends that the driveway be narrowed to approximately 24 -feet in width.
The 24 -foot wide driveway will accommodate two 12 -foot travel lanes and should adequately
and safely handle traffic entering and exiting this driveway.
2. Eagle Road
Right -of -Way and Improvements
District policy requires 96 -feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way
allows for the construction of a 5 -lane roadway with curb, gutter, 5 -foot concrete detached sidewalks
and bike lanes.
District policy requires 7 -foot wide attached (or 5 -foot detached) concrete sidewalk on all collector
roadways and arterial roadways (7204.7.2).
• This segment of Eagle Road was recently reconstructed at the intersection of Overland Road
and was constructed with 7 -traffic lanes with vertical curb, gutter and sidewalk abutting most
of the site. There is a small segment of Eagle Road abutting this site that is not improved with
curb, gutter and sidewalk. District policy requires the construction of a 5 -foot wide detached
(or 7 -foot attached) concrete sidewalk on all arterial roadways. The applicant should construct
a 5 -foot wide detached concrete sidewalk on Eagle Road abutting the portion of the site that
was not improved as a part of the intersection project (approximately 320 -feet). The sidewalk
should not be constructed any closer than 50 -feet from the centerline of Eagle Road.
Driveways
• The applicant is proposing to construct a 20 -foot wide right -in ONLY driveway that intersects
Eagle Road approximately 230 -feet north of the curb line for Overland Road. The applicant is
proposing to construct a 15 -foot wide (390 -feet long) deceleration lane on Eagle Road to
accommodate the right -in driveway ONLY. District policy requires restricted driveways to be
located a minimum of 220 -feet from a signalized intersection. This driveway meets District
policy and should be approved with this application. The applicant should coordinate with
District staff in regard to the details of the design and construction of the driveway and
deceleration lane on Eagle Road. The applicant should also construct a 6 -inch raised median
in Eagle Road to restrict the driveway to provide a right -in movement ONLY.
3. Other Access
Overland Road and Eagle Road are classified as arterial roadways. Other than the access points
that have specifically been approved with this application, direct lot access to Overland Road and
Eagle Road is prohibited. The applicant will be required to place a note on the final plat that states
this access restriction.
4
C. Site Specific Conditions of Approval
Utilize an existing 35 -foot wide curb return type driveway that functions as a full access driveway and
intersects Overland Road approximately 365 -feet east of Bonito Way, as proposed.
2. Construct a 24 -foot wide curb return type driveway that functions as a right-in/right-out driveway
ONLY and intersects Overland Road approximately 235 -feet west of Eagle Road.
3. Construct a 5 -foot wide detached concrete sidewalk on Eagle Road abutting the portion of the site
that was not improved as a part of the intersection project (approximately 320 -feet). Construct the
sidewalk a minimum of 50 -feet from the centerline of Eagle Road.
4. Construct a 20 -foot wide right -in ONLY driveway that intersects Eagle Road approximately 230 -feet
north of the curb line for Overland Road and construct a 15 -foot wide (390 -feet long) deceleration
lane on Eagle Road to accommodate the right -in driveway ONLY. Coordinate the details with District
staff in regard to the design and construction of the driveway and deceleration lane on Eagle Road.
Construct a 6 -inch raised median in Eagle Road to restrict the driveway to provide a right -in
movement ONLY.
5. Other than the access points that have specifically been approved with this application, direct lot
access to Overland Road and Eagle Road is prohibited. Place a note on the final plat that states this
access restriction.
6. Comply with all Standard Conditions of Approval.
D. Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable requirements
of the Ada County Highway District prior to District approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction in accordance with
Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
k
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACRD Traffic Operations 387-6190 in
the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized representative
of the Ada County Highway District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other
regulatory and legal restrictions in force at the time the applicant or its successors in interest advises
the Highway District of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
E. Conclusions of Law
The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are
satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular transportation system within the vicinity impacted by the
proposed development.
Attachments
1. Vicinity Map
2. Site Plan
3. Request for Reconsideration Guidelines
Request for Reconsideration of Commission Action
Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff
or any other person objecting to any final action taken by the Commission may request
reconsideration of that action, provided the request is not for a reconsideration of an action previously
requested to be reconsidered, an action whose provisions have been partly and materially carried
out, or an action that has created a contractual relationship with third parties.
a. Only a Commission member who voted with the prevailing side can move for reconsideration,
but the motion may be seconded by any Commissioner and is voted on by all Commissioners
present.
If a motion to reconsider is made and seconded it is subject to a motion to postpone to a
certain time.
b. The request must be in writing and delivered to the Secretary of the Highway District no later
than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following
the meeting at which the action to be reconsidered was taken. Upon receipt of the request,
the Secretary shall cause the same to be placed on the agenda for that next scheduled
regular Commission meeting.
c. The request for reconsideration must be supported by written documentation setting forth new
facts and information not presented at the earlier meeting, or a changed situation that has
developed since the taking of the earlier vote, or information establishing an error of fact or
law in the earlier action. The request may also be supported by oral testimony at the meeting.
d. If a motion to reconsider passes, the effect is the original matter is in the exact position it
occupied the moment before it was voted on originally. It will normally be returned to ACHD
staff for further review. The Commission may set the date of the meeting at which the matter
is to be returned. The Commission shall only take action on the original matter at a meeting
where the agenda notice so provides.
e. At the meeting where the original matter is again on the agenda for Commission action,
interested persons and ACHD staff may present such written and oral testimony as the
President of the Commission determines to be appropriate, and the Commission may take
any action the majority of the Commission deems advisable.
f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover
administrative costs, as established by the Commission.
0
r-
PLANNING & ZONING DEPARTMENT
INSPECTION CHECKLIST
COYRUERCIAL/CZC SITES
This checklist should be attached to the inside cover of the CZC file at ALL times.
Planner/Inspector Name:
Project Name:
CZC File No.:
Contractor/Company Name: Phone No.:
First Inspection Date:
Second Inspection Date:
Third Inspection Date: _/ / (NOTE: If third inspection is required. a fee of$ 'must be
submitted to the P&ZDept. k ore the inspection is done)
Landscape Plan Checklist
Item Site Notes
. Width of buffer (exclude
detachedsfw widths)
2. # of trees
3. Caliper/size of trees
(measure 6-8 inches above
4. Species mix per plan
5. Groundcover (ifseeded,
6. Right-of-way
7. VerifynoWe—
slope;
1. Verify min. 5' b/w curbs
v;t
2. Verify min. 50 sq. ft.
3. Plantings per plan
I. Verify existing tree(s)
retained
2 Verify mitigation tree(s)
1 Rev. 525!O;
- -._ -:!.Pc�Z;,Brae P�1'rZ9rin:nlDeputnnc-ia-PD/rVe -----
Site Plan Checklist
2 Rev. 5125;115
.: P&2'ii7rttd P�tZAd ninU)eparrnent Policies
.f
Post -Inspection Checklist
Item Date Com lete
P.Agiitplete? (Follow 5 steps below)
tain bid for incomplete improvements + 110%
ner/contractorposts surety (cash, check orLetter of Credit)
early print # of days the "TemCO"isvalidoncard
gn "Temporary"column on CO card
mit check or Letter of Credit to Finance Dept. with memo
pand date "Final"column on CO card
fy Finance Dept. to release surety (if it was a Temporary CO)
plete checklist and close file
* The only instance that a CO may be released prior to 100% completion of improvement is inclement
weather, as determined by the Director. If weather is a factor, follow MCC 12-13-19-2.
Rett 525/05
SPS h:3:-�rri;PctL:!ratr:ir,'.Uepate;rt�t[ Poiic K, - -
Features Included
GTTV,OF'
CAVI eT; 1an
33 E. Idaho Ave.
s Meridian, ID 83642
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Date J
Applicant ,f 1.1
Address r --
Phone — — y
•
CASH NAMEEEOON CHECK IF DIFFERENT THAN APPLICANT
DESCRIPTION
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PAYMENT DOES NOT INDICATE ACCEPTAN OF APPLICATION
TAX
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10713 Reamed
TOTAL
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Type of Review Requested (check all that apply)
❑ Accessory Use
❑ Alternative Compliance
XCertificate of Zoning Compliance
❑ Conditional Use Permit Minor Modification
Design Review
❑ rivate Street
❑ Property Boundary Adjustment
❑ Short Plat
❑ Temporary Use Certificate of Zoning Compliance
❑ Time Extension (Director)
❑ Vacation
❑ Other
Information
Planning Department
ADMINISTRATIVE REVIEW APPLICATION
STAFF USE ONLY:
File number(s): ( Z(- 0'? - 113
Project name: Q,n 9A 'Oof.AM
Date filed: 5-1 6-D Date complete: is
Assigned Planner:l1mt(IY4(I 4- 5 .
Related files,
Applicant name: 6" E 21
Applicant address: Lot-lr2 t %A&13
Applicant's interest in property: KOwn ❑ Rent ❑ Optioned ❑ Other
Owner name:
Owner addres
Phone:155.322.� 199
Zip: e9502
Phone: ?,=,-1-1901
Zip: 89502
Agent name (e.g., architect, engineer, developer, representative): _ JEFF L,v"
Firm name: Phone: 3-2,1„ W,2, -7b
Address: 10th S., N, , Ak--Owim JW6 Zip: 83'10`1
-1A!'
Primary contact is: ❑ Applicant ❑ Owner XAg6nt ❑ Other
Contactname: 3F-ce LtILFS
E-mail:. eV -C- E- i3Q5D.2c-,N1Tec.TS=cc>"
Subject Property Information
Location/street address: 'E• L7yaPvo
Assessor's parcel number(s): F no\II0050
Township, range, section: Total acreage: 1.057 AP_
Current land use: V p.c 0 4-.r Current zoning district:
Phone: 3'�0. i3*7D
Fax: 33b- $3f -2o
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 Facsimile: (208) 888-6854 Website: www.meridiancity.org
1 - (Rev. 9171/06)
Project Description
Project/subdivision name: LoT �j G Y c) l 1;�72 o 26,1,,G
General description of proposed project/request 11hp
Proposed zoning district(s): _
Acres of each zone proposed:
Type of use proposed (check all that apply):
❑ Residential Wormnercial ❑ Office ❑ Industrial ❑ Other
Amenities provided with this development (if applicable): tt/k
Who will own & maintain the pressurized irrigation system in this development? W H Moore Cn
-""Which irrigation district does this property lie within? Noa.%FPlb. Metao ou lecAmorn P111J y�•
w.,. Primary irrigation source: 14L lat-.60 lM Secondary: C04 WptroK /�
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): 2 tTJa S' {o.
Residential Project Summary (if applicable)
Number of residential units:
Number of common and/or other lots:
Number of building lots:
Proposed nui4er of dwelling units (for multi -family developments only):
1 Bedroom: 2 or more Bedrooms:
Minimum square footage of structure(s) (-xcl. garage): Proposed building height: _
Minimum property size (s.1): a ti " Average property size (s.f):
Gross density (DU/acre-total land): Net density (DU/acre-excluding roads & alleys):
Percentage of open space provided" .
Percentage of useable open spacoK
Acreage of open space:
(See Chapter 3, Article G, for qualified open space)
Type of open space provided in a*oo.(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
Other lots:
Gross floor area proposed: �-( , fl(cR Existing (if applicable):
Hours of operation (days and
Percentage of site/project devoted to the following:
Building height: _ Za' br / Tu. { alg r
Landscaping: (1% $,1$35 Building: 1Q. Paving: l7-%Tt492�
Total number of employees:
Maximum number of employees at any one time:
Number and ages of students/children (if applicable):
Seating capacity: -jib
Total number of parking spaces provided: f t{ Number of compact spaces provided:
Authorization
Print applicant name:
Applicant signature: _!W `-L Date: 5Io.20b1
60 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 _.
Phone: (208) 884-5533 -Facsimile: (208) 888-6854 • Website: www.meridiancity.org -
ARCHITECTS
BRS Architects, A.L.A.
1010 S. Allante Place, Suite 100
Boise, Idaho 83709
Telephone 208 3368370
Fax 208 336-8380
www.brsarchitects.com
Merifian Planning & Zoning
660 . Watertower Ln., Ste. 202
Mer i an. Idaho 83642
It May Concern:
l
May 9, 2007
Parcel: R1901110050
Re: Lot 5 Blk 1, Dorado Sub.
ow Properties is proposing to build a 4,868 s.f. single story retail shell
ing on Lot 5 Block 1, Dorado Subdivision, located at the Northwest corner of
e and Overland.
Current designs have the highest point of the building 28'-0" above finished floor.
Building finishes include stucco walls, with stone accents. The accent roofing will
be "Corrugated" metal panels, copper color, with 7/8" deep ribs, and low slope
single -ply roofing for the bulk of the roof area. Mechanical rooftop units will be
screened by a parameter parapet. The color palate will include dark reds, light
tans, dark bronze and other earth tones.
Per prior discussion with Meridian Planner Caleb Hood, the building is not
required to have a formal design review since they are located in a C -G zone and
are under 200,000 s.f.
Sincerely,
*4""_
Jeff Likes
BRS ARCHITECTS
Cc: FILE
ARCHITECTS
BRSArchitects, ALA.
1010 S. Allante Place, Suite 100
Boise, Idaho 83709
Plephone 208 3368370
Fax 208 336-8380
www.6rsarchitects.cam
Date:
To:
Re:
This
Planning Department
Retail Shell- Lot 5 Blk 1 Dorado Sub.
meets the following standards:
Architectural character:
a. Facades: The facades that face the public streets incorporates
modulation by virtue of the changes in parapet heights, wall planes,
awnings, colors and textures along the entire length of the facades.
b. Primary public entrance: Building is a multi -tenant retail shell. Each
tenant entrance is defined by storefront glazing and covered entry.
c. Roof lines: The roof design demonstrates overhanging awnings and
varying parapet heights.
d. Pattern variations: The building design incorporates changes in
texture via the use of brick, stone accents, stucco and corrugated
roofing; color via the colors of the brick, stucco, roofing, awnings and
glazing; materials via the use of stone, stucco, metal and glass.
e. Mechanical equipment: All rooftop mechanical units shall be screened
from the public as viewed from the property lines via parapets and
mechanical screens, if required.
2. Color and materials: The exterior of the building walls demonstrates the
appearance of high-quality materials such as brick, stucco, corrugated roofing
and accents.
0 Page 1
3. Parking lots: The building and parking area are partially screened by
landscaping that is located along Overland Road.
4. Pedestrian walkways:
a. A continuous internal pedestrian walkway that is a minimum of (6) six
feet wide is provided from the perimeter sidewalk to the building
entrance. This walkway minimum width shall be maintained clear of
any outdoor displays, vending machines, or temporary structures.
b. The internal pedestrian walkway is distinguished from the vehicular
driving surfaces through the use of scored/stamped concrete.
c. We do not have any aisle lengths that are greater than 150 parking
spaces or 200 feet away from the building's entrance..
d. Walkways along the front of the building are covered.
Jeff Likes
BRS Architects
1010 S. Allante, Ste 100
Boise Idaho 83709
Ph: 208.336.8370
Fx: 208.336.8380
cc:
0 Page 2
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MaY,-9. 2007 10:Ckm
crvoP 'SPA
ert�icn
IDAIiO
MAYOR
ims
Tammy de Wecrd
DA
CITY COUNCH- MF,MBERS
Block/ Subdivision: J-�O`F 1 /Do ratio Sub.
lteith Bud
Joseph W. Boston
ThE
Charles M Rountree
�( ,j �• ,
David Zaremba
Wn
CrfY DEPARTMENTS
City Attorneyfl-M
703 S, Main Street
898-5506 (City Attomey)
898-5503 0-M)
Fax 884-8723
Fire
540 8. Franklin Road
888-1734 / fix 895-0390
No -1056 P•-1
008t—.
!2)_v1_V
At PW100
following address has been verified by The City of Meridian Public
ks Department as valid for the project listed below.
t•:a
Name„ QDOBA fwd! 41 WL
9069 e, 0 OtiVanoL WJ.
Parks W. cst, on
11.13Bowc,Sh�ect Zip
ode: 9SG4�--
888,9579 / fax 888-5501
Planning Lot/
!>60 E. Wafertower Serest
Block/ Subdivision: J-�O`F 1 /Do ratio Sub.
Sui re 202
884-5533/ fat 888-6854 Notes
p (j
Police
�( ,j �• ,
1401 E. Wafertower Street
888-6678/fax 846-7366 EAC
SET OF PLANS WILL BE REQUIRED TO
660li
660 &WafertowerStrc. work THE
CLEARLY REFLECT
ORRECT ADREAND SUITE NUMBER
et �DSS
(IF APPLICABLE).
Suite 200
898-5500 /fax 895-9551
- Building TriciaiShindle(
660 E. Wnter'tower Stzeet
.J+uite 150
887-2211/fax 887-1297 Department
Specialist
Sewer (wvr1I') Public 'Works
3401 N. Ten Mile Road 898-5500
Ext. 209
888.2191 / fax 884-0744 -r • u 1
.
Water
2235 N. W. 8th Street
888-5242 / fax 884-1159
CITY HALL 3� EAST 1DAT--I'O AVENUE MERIDIAN, Ib 83642, (208) g88-4433
Y CLERK— NAx 888. 4216 Cf ATTORNEY/ i1R FAX 884- 8723 FINANCE 8r U"EJT' BILI-ING — FAX 887- 4813 MAYOR'S OFFICE -- FAX 884-8119
DESCRIPTION
EPIC Collection delivers custom luminalre flexibility with the quality and
ave Ila blIty expectations of standard specification grade product. Offered In
two (2) housing sizes, and hundreds of unique combinations, EPIC
Collection can be dressed to suit any application. Recognizing evolving
environmental and legislative trends, EPIC Collection delivers world class
optical solutions to the decorative luminaire marketplace. EPIC Collection
offers targeted solutions for full cutoff compliance, spill light control, and
path of egress Illumination while Integrating the latest lamp technologies
Into visually comfortable lighting solutions.
FEATURES
A ... Top
Cast aluminum modern top
housing maintains a nominal 1/8"
sldewall thickness. Top attaches to
cast aluminum mounting arm hub
with four (4) stainless steel
fasteners. One (1) piece silicone
gasket between mounting hub and
top casting seals out moisture and
contaminants.
B ... Midsection
Milky white acrylic lens utilizes
continuous silicone gaskets to seal
lens to lop casting and shade. The
following mid section options
feature cast aluminum
construction and stainless steel
assembly hardware: SO Solid, WN
Window, LV Louvered, ST Slot, SR
Solid Rings. LR Luminous Rings
feature clear acrylic rings
suspended by stainless steel
spacers and hardware. Optional
colored luminous rings utilize a
colored gel film allachad behind
luminous mid lens to project color
along edges of rings.
C ... Shades
Heavy gauge precision spun
aluminum shades offer superior
surface finish and consistency in
form.
D ... Doorframe Assembly
Used with horizontally lamped
segmented optical systems.
Die-cast aluminum 1/8" thick door
and doorframe seal to underside of
shade with a thick wall continuous
silicone gasket. Door hinges open
via release of two (2) concealed
quick release fasteners. Impact
resistant 1/8" thick tempered flat or
sag glass lens (clear or frosted
finish) seals to door with a
one-piece silicone gasket.
E ... Optical Systems
Choice of five (5) high efficiency
segmented optical systems
constructed of premium 95%
reflective anodized aluminum
sheet. Optical segments are rigidly
mounted Inside a thick gauge
aluminum housing for superior
protection. All segment faces are
clean of rivet heads, tabs, or other
means of attachment which may
cause streaking In the light
distribution. All reflector modules
feature toolless removal, quick
disconnect wiring plugs, and are
360 degree field rotatable. Optional
MA milky white acrylic jar utilizes a
vertical lamp orientation.
Wattage Table
J.L. 1598 Listed
2G Vibration Tested
MM
Metal Halide
50, J0, 100, 175W
High Pressure Sodium
50,70, 10g150W
Compact Fluorescent
42,57W
Electredeless Fluorescent
85W
cedincattons
IP66 Rated
J.L. 1598 Listed
2G Vibration Tested
FCO
CSAListed
40-C Amblsnt
1509001
wacuma
EMM -70 -MH -120 -3S -FG -LV -SN -BZ
E ... Optical Systems (Cont'd.)
Maximum 10OW HID. 311 and 5R
options utilize a prismatic clear
tempered glass refractor along
with a vertical lamp orientation.
Vertically lamped optical systems
are secured with a die cast retainer
collar, stainless steel hardware,
and a one-piece silicone gasket,
and feature standard high
reflectance white powder coat
paint finish on underside of shade
for optimal fixture efficiency.
F ... Electrical Tray
Ballast and related electrical
componentry, are mounted to a
reinforced one piece tray with
Integral handle. Quick disconnect
wiring plugs allow easy tray
removal during routine
maintenance.
G ... Finish
Housing finished in a 5 stage
premium TGIC polyester powder
coat paint, 2.5 mil nominal
thickness for superior protection
against fade and wear. Standard
colors Include black, bronze, grey,
white, dark platinum, graphite
metallic, and hartford green. RAL
and custom color matches
available. Consult your INVUE
Lighting Systems Representative
for more information.
ov_:'_7u,P.aro
INVUEO
WN
I I
05/15/2007
EMM
EPIC MODERN
MEDIUM
42-175W
Metal Halide
High Pressure Sodium
Compact Fluorescent
Electrodeless Fluorescent
DECORATIVE AREA
COLLECTION
f t .
COMPLIANT FCO
•When specified with horizontal
lamp and solid mid seotlon or mid
section
EPA (affected projected areal
Flat Lem .94
Sag Lane 1.04
C0111i Lighting Specifications and Dimensions subject to change without notice. ' AVU050648
s cooperiightin9..com consult sour repreaenttliva toraddidanei aprion.end rini.hea. 04/13/20079:28:52 AM
l
EMM EPIC MODERN MEDIUM
EMM 1170 111 H 11 120113S 11 FG 11 LV 11 SN 11 BZ 11 VA6103-BZ
Product Family '' Voltage ` Luna Type Shad. Type
EMM= Epic Modem Medium 120'120V FG=Flat Glass SN'Seaight NarroaM
Lamp Wattage Optical Syatum Mid Section Type Color °
70: 70W 3S•Typelll LV=Lowered e2°Brame
Lamp Type Accasaorlea "
MM Metal Halide VAeloa-e2= Tedi4arel Well Mount Alm
None: 1 Arm not included. Us. with INVUE brand bane. See sweaeorlee. 2 511pfile over P O.O. lu.' upon (Spider Mount only). Available with vertical lamp only. Not aveileble with Seen mid eectiom. 3 Product busy
veliable In non -US vola t.. and Who for International merkate. Consul[ fectary for availability and ordering Information. 4 Custom and RAL color matching wettable upon request Consult your INVUE Ushers
Systeme Repreesmanys for further Information. 6 Add ae suffix In the order shown. 6 Order separately, replace XX with color suffix.
PRODUCT CONFIGURATOR
HOUSING MID SECTION
Solid - 3.4°H x 9.9°W
III =1
Modern -9.3°H x8.8"W
Window-3XII x9.9'W
Louvered -3.4°H x9.9°W
003
Slot -3.4.11 x9.9'W
Solid Rings -3.4"H x 12-W
Luminous Rings - 3.VH x 12°W
SHADE
Straight Narrow - 6.6°H x 19.1°W
Straight Wide - 5.1°H x 23.9°W
Bell - H -H x 24°W
Flute - 6°H x 22.5°W
MOUNTING OPTION
Heightiram
ceiling equals
calculated height
of fixture plus
pendant length
d 7/8".
h00
Pendent Mount
H
Spider Mount
H = 36.62°
WOO& Lighting Specifications and Dimensions subject to change without notice. AVug5ae46
www.<ooperlighcing.wm
Invest, Customer Nrat Center ° 1121 Highway 74 South ° preachment City, GA 30289 a TEL 770.466.4800, FAX 770.488.4801 ON1312007 9:28:82 AM
I� L/THON/A L/GHT/NG®
FEATURES & SPECIFICATIONS
INTENDED USE — For building- and wall -mounted applications.
CONSTRUCTION — Rugged, die-cast, single -piece aluminum housing. Die.
cast door frame has a 1/8" thick tempered glass lens. Door frame is fully
gasketed with one-piece solid silicone.
FINISH — Standard finish is new textured dark bronze (DDBT) corrosion -
resistant polyester powder finish, with other architectural colors available.
OPTICAL SYSTEM — Segmented rellectors for superior uniformity and con-
trol. Reflectors are interchangeable. Three full cutoff downlight distributions
available: FT (forward throw), MD (medium throw) and WT (wide throw). Six
uplight distributions available: FTU (forward throw, 10% up), MDU (medium
throw, 10% up), WTU (wide throw, 10% up) and MDU5 (up/down medium
throw, 50% up 50% down), WTUP (pencil beam) and WTUC (column beam).
ELECTRICAL SYSTEM — 5OW-15OW utilizes a high reactance, high power fac-
tor ballast. 35S utilizes a reactance high power factor ballast. 175W utilizes a
constant -wattage auto transformer ballast. Quick disconnect plug easily dis.
connects reflector from ballast. Ballasts are copper -wound and 100%
factory -tested. Porcelain, medium -base socket with copper alloy, nickel -
plated screw shell and center contact UL listed 660W, 600V 4KV pulse rated.
INSTALLATION — Universal mounting mechanism with integral mounting
support allows fixture to hinge down. Bubble level provides correct align-
ment with every installation.
LISTING — UL Listed (standard). CSA Certified (see Options). Suitable for
wet locations (damp location listed in lens -up orientation). WLU option of-
fers wet location listing in up orientation (see Options). IP65 rated.
ORDERING INFORMATION
Choose the boldface catalog nomenclature that best suits your needs and write it on the
appropriate line.
WSR
vs
Series Wattage/source Distribution
WSR Hiahrep ssure
sodium
35S'
50S
70S
lots
1505
Metal halide
50M
70M
loom
Isom
175M
Downliaht
distributions
FT
Forward throw
MD
Medium throw
277
(coated lamp std.)
WT
Wide throw
Up/dawn
distributions
FTU
Forward throw
TBV°
with 10% uplight
MDU
Medium throw
Sandstone
with 10% uptight
Natural aluminum
(coated lamp std.)
WTU
Wide throw with
Black
10% uplight
MDU5
Up/down medium
Bronze
throw with 50%
PE
uptight & 50%
Light gray
downlight (coated
WLU
lamp std.)
WTUP
Pencil beam''
Catalog Number
Notes Type
91
Decorative Wall -Mounted Lighting
specifications
Length: 18.0 (45.7)
Depth: 9.0 (22.8(
Overall Height: 7.25 (18.4)
Max. Weight: 3016s (13.6 kg)
WSR
METAL HALIDE
5OW-175W
HIGH PRESSURE SODIUM
35W-15OW
All dimensions are inches (centimeters) unless otherwise specified.
Example: WSR 175M Fi 120 SF LPI DNAT
Voltage Options
120
Shipped installed in fixture
tog'
SF Single fuse (120, 277, 347V,
240'
n/a TB)
277
DF Double fuse (208, 240V, n/a
OC2012
TB or TBV)
347
EC Emergency circuit (25W
TW
max 120V, incandescent
TBV°
lamp included?
Uptight Calor
Options°
BLUE Blue
GRN Green
RED Red
YEL Yellow
NOTES: WTUC Column beam"
1 120Vonly.
2 Must he ordered with fixture; cannot he field installed.
3 Available with WT (wide throw) distribution only.
4 Available with WTUC and WTUP only.
5 Consult factory for availability in Canada.
6 Optional multi -tap ballast (120,208,240,277V): (120,277,347V in Canada).
7 Optional panda -tap ballast (120, 2011, 240, 277, 48OV; not available in Canada). 175w
metal halide only.
8 Not available with QHS.
9 Not available with SF, OF or OHS.
10 Not available with EC.
11 Not available with medium throw (M01 distribution.
12 Used with FTU and WrU distributions to conceal internal electrical components.
13 Additional architectural colors available; see www.lithomaxom for more information.
OC12
Emergency circuit 12 volt
WSBBW
(35W lamp included std.)'
2DC12
Emergency circuit 12 volt
UT5
(2, 35W lamps included)'
OC2012
Emergency circuit 12 volt
WSRVG
(20W lamp included)'
2DC2012
Emergency circuit 12 volt
Standard textured colors
(2, 20W lamps included)'
OHS
Quartz restrike system
Sandstone
(10oW max 120V, quartz
Natural aluminum
lamp not included)10
CR
Enhanced corrasion
Black
resistance
CRT
Non-stick protective
Bronze
coating (black only)
PE
Photoelectric cell -button
Light gray
type (n/a TB/TBV)'
WLU
Wet location door for up
Dark red
orientation
IBS
Internal backlight shield"
DFL
Diffusing lens
LPI
Lamp included (std.(
LAP
Less lamp
CSA
CSA Certified
UCS
Uplight component shield"
Shipped se
ap rately
WSBBW
Surface -mounted
back box
UT5
Uptilt 5 degrees
WSRWG
Wire guard2
WSRVG
Vandal gua0
Architectural
colorsi2
Standard textured colors
DDBT
Dark bronze (std.)
DSST
Sandstone
DNAT
Natural aluminum
DWHG
White
OBLB
Black
Optional textured
colors
DBNH
Bronze
DSPD
Dark gray
DSPJ
Light gray
DSPE
Green
DSPG
Dark red
DSPF
Oust
DSPH
Red
Striping
SDOB
Dark bronze
SDWH
White
SDBL
Black
SDNA
Natural aluminum
SDTG
Tennis green
SDBR
Bright red
SDBUA
Dark blue
SDGYM
Gray
SDYLB
Yellow
Outdoor Sheet M WSR-M-S BM - 120
r
WSR Metal Halide, High Pressure Sodium Building Mounted
WSR 175M FT TEST NO: LTL11336InndlWSR 175M MD TEST NO: LTL11335IWSR 175M WT TEST NO:LTLI1337
ISOILLUMINANCE PLOT IFoorcandlel ISOILLUMINANCE PLOTIFoolcin ISOILWMINANCE PLOT IFootcendlol
n
0 1 2 3 4 5
175W metal halide lamp, horizontal lamp
Footcandl a values based on 12'
mounting height, 12800 rated lumens.
Luminaire Efficiency: 52.9%
WSR 175M WTU TESTNO:LTL11312
ISOILLUMINANCE PLOT IFaolcandial
0 1 2 3 4 5
175W metal halide lamp, horizontal lamp orientation
Footcandle values based on 12'
mounting height, 12800 rated lumens.
Luminalre Efficiency; 69.7%
0 1 2 3 4 6
175W metal halide lamp, horizontal lamp orientation
Footcandl a values basad on 12'
mounting height, 11080 rated lumen s.
Luminaire Efficiency 60.2%
175M MDU5 TEST NO:LTL1
ISOILLUMINANCE PLOTIFmlcentllel
4
0 1 2 3 4 5
175W metal halide lamp, hmizomal lamp mumbi ion
Footcandle values based on 12'
mounting height, 11080 rated lumens.
Luminaire Flliciency: 77.1%
4
0 1 2 3 4 5
175W metal halide lamp, horizontal lamp orientation
Footcandl a values based on 12'
mounting height, 12800 rated lumens.
Luminaire Efficiency: 62.4%
A LlmaywA LziamniVG® Lithonia Lighting
Outdoor Lighting
AnQMcuityBrands Company One Lithenia Way, Conyers, GA30012
Phone: 770-922-9000 Fax: 770-918-1209
Sheet#:WSR-M-S 02003 Acuity Lighting Group, Inc., Rev, 08/06 vvww.lithonia.com
Initial
Lamp
Lumens
Mounting
Height
Metal Halide
10'
12'
14'
16'
5OW MH
3,900
0.43
0.30
0.22
0.17
70W MH
5,500
0.62
0.43
0.31
0.24
1110W MH
8,500
0.95
0.66
0.48
0.37
150W MH
12,500
1.41
0.98
0.72
0.55
175W MH
12,800
1.44
1.0
0.73
0.56
High Pressure Sodium
35W HPS
2,250
0.26
0.18
0.13
0.10
5OW HPS
4,000
0.45
0.31
0.23
0.17
7OW HPS
6,400
0.72
0.50
0.37
0.28
1OOW HPS
9,500
1.07
0.74
0.54
0.41
150W HPS
16,000
1.80
1.25
0.91
0.70
0 1 2 3 4 6
175W metal halide lamp, horizontal lamp orientation
Footcandl a values basad on 12'
mounting height, 11080 rated lumen s.
Luminaire Efficiency 60.2%
175M MDU5 TEST NO:LTL1
ISOILLUMINANCE PLOTIFmlcentllel
4
0 1 2 3 4 5
175W metal halide lamp, hmizomal lamp mumbi ion
Footcandle values based on 12'
mounting height, 11080 rated lumens.
Luminaire Flliciency: 77.1%
4
0 1 2 3 4 5
175W metal halide lamp, horizontal lamp orientation
Footcandl a values based on 12'
mounting height, 12800 rated lumens.
Luminaire Efficiency: 62.4%
A LlmaywA LziamniVG® Lithonia Lighting
Outdoor Lighting
AnQMcuityBrands Company One Lithenia Way, Conyers, GA30012
Phone: 770-922-9000 Fax: 770-918-1209
Sheet#:WSR-M-S 02003 Acuity Lighting Group, Inc., Rev, 08/06 vvww.lithonia.com
Notes:
AVALUME
Job:
Type:
The EMCO Avalume is a rectilinear area luminaire defined by Its sleek rounded profile and rugged
construction. The housing is one-piece, diecasl aluminum and mounts directly t0 a pole or wall without the
need of a separate support arm. The multifaceted arc -image duplicating optical systems provide IES Types
III and IV distributions. The door frame is single -piece diecasl aluminum and retains an optically clear
tempered flat glass lens. The luminaire is completely sealed and gasketed preventing intrusion from
moisture, dust and insects. The Avalume luminaires are finished with a lade and abrasion resistant TGIC
powdercoat.
ORDERING Flat glass lens luminaires meet IESNA Frill Cutoff criteria.
PREFIX CONFIGURATION DISTRIBUTION WATTAGE VOLTAGE FINISH OPTIONS
A 3 H �m zo Qz
Enter the order code Into the appropriate box above. Note: Gardw reserves the right to refuse a configuration. Not all combinations and configurations are mild.
Refer to notes below kr exclusions and limitalions. For questions or concerns, please consult the factory.
1
Single Pole Mount
3 IES Type III
2
Twin Pole Mount at 180°
F IES Type IV Forward Throw
2®90
Twin Pole Mount at 90°
3
3 -way Pole Mount at 900
NOTE: Type III reflectors ship as Type F.
Removal of an Insert converts the reflector to Type 3.
3®120° 3 -way Pole Mount at 120°
4
4 -way Pole Mount
5 IES Type V
W
Wall Mount
MTS Medium Throw with SoliteTe Lens (fluorescent only)
Ws
Wall Mount with Surface Conduit
•
150HPS 100MH' 25OPSMH
Mrs antics on
120
250HPS 15OMHI 320PSMH
(2)60CF
208
400HPS 175MH 350PSMH
(3)42TRF
240
25OMH 40OPSMH
277
40OMH' HPS- High Pressure Sodium 347
MH - Metal Halide
PSMH-
Pulse Start Metal Halide 480
CF -Compact Fluorescent
TRF - Triple Tube Compacl
Fluorescent
1. Uses E28 mogul base lamp
OPTIONS
BRP
Bronze Paint
HIS
External House Side Shield
BLP
Black Paint
LF
In-Pole/In-Line Fusing(Kit includes In -Line Fuses)
WP
White Paint
PC
Locking Type Photocontrol Receptacle w/Photocontrol (Not available with 480y)
NP
Natural Aluminum Paint
PCR
Locking Type Photoconlrol Receptacle
BGP
Beige Paint
MF
Mast Arm Fitter (Requires 2378" O.D. Mast Arm)
OC
Optional Color Paint
PTF2
Pole Top Filter 2.375" X 4"
Specify RAL designalion ex: OC-RAL7024
PTF3
Pole Top Filter 3" - 3.5" X 6"
SC
Special Color Paint
PTF4
Pole Top Filter 3.5' - 4" X 6"
Specify. Must supply color chip
OS
Quartz Standby(150wmaximum. Not available with 4801,9
WG
Wire Guard
POLY
External Polycarbonate Shield (250w maximum)
4a Copynghl EMCO Lighting 2004.2006. All Rights Reserved. international EMCO Lighting (800) 227-0758 E M CO
Copynghl secured. EMCO Ughgng reserves the right to change materials or 1611 Clovis Barker Read (512) 753.1000
modity the design of its product wllhoul unification as part of the companys San Marcos, TX 78666 FAX: (512) 753-7855 LI G HTI N G
continuing product Improvement program. www.shollghiing.com
A GenlNe Company 782155610306
AVALUME
SPECIFICATIONS
GENERAL SPECIFICATIONS: Each Emco Avalume luminaire is a
rectilinear area luminaire defined by its sleek rounded profile and
rugged construction.
HOUSING: The housing is one-piece diecast aluminum, and
mounts directly to a pole or wall without the need of a separate
support arm. The low profile rounded form reduces the E.P.A.
(Effective Projected Area) of the luminaire to only 1.1 square feet
(0.10 square meters).
DOOR/LENS ASSEMBLY: The door frame is single -piece diecast
aluminum and retains an optically clear tempered flat glass lens.
The diecast aluminum lens frame hinges down from the housing
and is secured by a stainless steel lanyard and hinge pin. The
tempered flat glass lens is mechanically secured with four (4)
retainers. The electrical and optical chambers are thoroughly
sealed with an extruded one-piece memory retentive extruded
silicone gasket to prevent intrusion from moisture, dust, insects and
other contaminants.
OPTICAL SYSTEMS: The segmented reflector system consists of
two tiers of highly specular aluminum facets, precisely aligned to
achieve specific photometric distributions. Optical systems are of
the fixed position type with the lampholder be positioned on the
arm -side of the luminaire.
The position -oriented mogul base lampholder is glazed porcelain
with a nickel plated screw shell.
Fluorescent luminaires use a Medium Throw reflector with a Solitee
glass lens (MTS).
ELECTRICAL: Each high power factor ballast is the separate
component type, capable of providing reliable lamp starting down to
-20'F/ -.29°C. Component to component wiring within the luminaire
will carry no more than 80 percent of rated current and is listed by
U.L. for use at 600 VAC at 150'C or higher. Plug disconnects are
listed by U.L. for use at 600 VAC, 15 A or higher. Standard
fluorescent ballasts are solid state.
FINISH: Each standard color luminaire receives a fade and
abrasion resistant electrostatically applied thermally cured
triglycidal isocynurate (TGIC) textured polyester powdercoat finish.
Standard colors include Bronze (BRP), Black (BLP)„ White (WP),
Natural Aluminum (NP). Consult factory for specifications on
custom colors.
LABELS: All luminaires bear U.L. or C.U.L. (where applicable) Wet
Location labels.
IDIMENSIONS
5.38"
13.70 cm
17.40 cm 41 90cm 40.60 cm
0 Capyright EMCO Lighting 20042006. AI Rights Reserved. International
Copyright Secured. EMCO lighting reserves the right to change materials or
modify the design of its product wtmoul notification es part of the company's
continuing product improvement program.
A Genlyte Company
758
1611 O Lighting Clovis Barker Road (510 0
2) 753-1
61 000 M E M CO
San Marcos, TX 76666 FAX: (512) 753-7&55
wwm LIGHTI NG
w.sitelighting.co
79215-%WW
EPA
1
2
L
1.1 ft'
2.2 ft'
2.7 ffi
0.10 m'
0.20 m'
0.25 m'
with House
Side
Shield
1
2
3a
1.2 ft2
2.2 ft'
3.2 W
0.11W
0.20W
0.30W
758
1611 O Lighting Clovis Barker Road (510 0
2) 753-1
61 000 M E M CO
San Marcos, TX 76666 FAX: (512) 753-7&55
wwm LIGHTI NG
w.sitelighting.co
79215-%WW
05-09- 07.17:1l FROM -
After Recording, Return to:
P.O. Box 8204
Boise, ID 83707
i
T-046
PU04/007 F-129
O
ADA COUNTY RECORDER J. DAVID
NAVARRO
AMOUNT 18.00 6
BOISE IDAHO 03116100 04:27 PM
DEPUTY Neava Haney
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
RECORDED- REQUESTOF
105031863
Slewarl Tille Company
nership
G �C
�o333�a Jw L 4K
WARRANTY DEED
Corporate
The Terteling Company, Inc., a Corporation duly organized and existing under and by virtue of
the laws of the State of I�aho, with its principal office at 3823 N. 36'h Street, Boise ID 83703, the
Grantor, hereby CONVEYS or GRANTS and WARRANTS unto
Kimball Properties Limited Partnership, an Idaho Limited, Partnership
the Grantee, whose current address is P.O. Box 8204, 13oise ID 83707,
the following described premises, to wit:
See Exhibit "A"
Parcel Number: 5 1 1 1 7449560, 5 1 1 174493 02, 86744800192
SUBJECT TO the title matters set forth on Exhibit "B" attached hereto.
TO HAVEANDj TO HOLD the said premises, with their appurtenances unto the said
Grantee, their heirs and assigns forever. And the said Grantor does hereby covenant to and with
the said Grantee, that it is the owner in fee simple of said premises, that said premises are free
from all encumbrances (except as set forth in Exhibit `B" attached hereto) and that Grantor will
warrant and defend the same from all lawful claims whatsoever.
The officers who sign this deed hereby certify that this deed and the transfer represented thereby
was duly authorized under a resolution duly adopted by the board of directors of the Grantor at a
lawful meeting duly held and attended by a quorum.
IN WITNESS WHEREOF, the Grantor has caused its corporate name to be hereunto
subscribed by its authorised officers, this 16'h day of March, 2005.
The Terteling Company, Inc., an Idaho Corporation
By:
J. L. Terteling
President
05-09-'07 17:09 FROM -
T -046 P005/007 F-129
STATE OV Idaho )
)-ss
COUNTY OF Ada )
On this 16'h day of Marc , 2005) before me, the undersigned, a Notary Public, in and for said
State, personally appeared J. L. Terteling, known to me, and/or identified to me on the basis of
satisfactory evidence, to be the President of the corporation that executed the instrument and that
the foregoing instrument was signed on behalf of said corporation by authority of a resolution of
its board of directors and acknowledged to me that such corporation executed the same.
WB -NESS 9Y BAND AND OFFICIAL SEAL
Notary Public, D Nck
Residing at: Meridian, k
My Cormnission Expires
I May 28, 2005
nN
\YADN10V\0-1 O
S�P���
05-09-'07 17:0 FROM -
PARCEL 1:
A parcel of land being that parcel as
Recorders Office, said parcel locate(
Range I East of the Boise Meridian,
follows;
Commencing at the Southeast come.
Meridian; thence
South 89°46' 18" West 676.80 foot a
North 00'06'14" West 70.00 feet to
THE REAL POINT Of BPGINI1
North 00006'14" West 734.37 feet a
A point on the Southerly tight of
South 79023'26" East 79.57 feet ala.
Thence
North 89019'30" East 466.94 feet al
Thence
South 44058'24" East 69.87 feet slo
Tho Westerly right of way of 13RE
South 00°40'30" Pasf 653.43 foot al
Thence
li T-046 -P006/007 F-129
Legal Description
EXHIBIT "A"
wit on Record Of Survey No. 3086, Ada County
the Southeast Quarter of Section 17, Township 3 North,
a Comity, Idaho, being more particularly described as
Section 17, Township 3 North, Range I East, Boise
ng the South line of said Section 17 to a point; thence
point on the Northerly right of way of Overland Road,
.4G of this description; thonce
ng the Easterly boundary of Overland Way Subdivision to
'ay of Interstate 84; thence
the Southerly tight of way of Interstate 84 to a point;
the Southerly right of way of Interstate 84 to a point;
the Southerly right of way of Interstate 84 to a point on
Road; thence
g the W csterly right of way of Eagle road to a point;
South 44033'19" West 28.21 feet along the Westerly right of way of $ogle Road to a point on the
Northerly right of way of Overland Road; thence
South 89046'18" West 84.97 feet along said Northerly tight of way to a point; (hence
North 00040'38" West 370,00 feet to a point; thence
South 89'46'18" West 57.90 feet to a point; thence
South 21034'l 8" West 230.00 foot to a point; thence
South 29°14'42." East 94.07 feet 10 all point; thence
South 00°40'38" East 74.17 feet to a, point on the Northerly right of way of Overland Road;
Thence
South 89046'18" West 396.10 foot td THE REAL POINT OF BEGINNING of this description.
PARCEL II;
A parcel of land being the excluded parcel as shown on Record Of Survey No. 3086, Ada County
Recorders Office, said parcel located in the Southeast quarter of Section 17, Township 3 North,
Range I East of the -Boise Meridian, da County, Idaho, being more particularly described as
follows:
Commencing at the Southeast como of Section 17, Township 3 North, Range I East, Boise
Meridian; thence
South 89'46'18" West 180.00 feet along the South line of said Section 17 to a point; thence
North 00°40'38" West 70,00 feet to li point on the Northerly right of way of Overland Road,
THE REAL POINT OF BEGBVNING of this description; thence
South 89046'18" West 100.00 feet atong said Northerly right of way to a point, thence
North 00°40'38" West 74.17 feet to k point; thence
North 29° 14'42" Wcst 94.07 feet to a. point; thence
North 21'34'18" Bast 230,00 feet to a point; thence
North 89'46'19" East 57.90 feet to a!,point; thence
South 00040'38" East 370.00 feet to THE REAL POINT OP BEGINNING of this description.
PARCEL III:
A parcel of land being Parcol "A" as shown on Record of Survey No. 5971, Ada County
Recorders Office, a portion of the Southeast quarter of Seelioir 17, Township 3 North, Range 1
lust of the Boise Meridian, Ada County, Idaho, being more particularly described as follows,
Commencing at the Southeast center!
:of 17, Township 3 North, Range 1 East, Boise
Slawn Title ornoao, tie. Rile Number.
-- - 05-09--''07-17,-0r FROM -
Meridian; thence
South 89°46'18" West 802.64 feet t
North 00°07'14" West 70.00 foot to
South 89'46'18" West 175.00 feet at
North 00007'14" West 148.00 feet to
Thence
North 89'46'18" East 175.00 feet ale
South 00007'14" East 148,00 feet to'
PARCT,L IW:
A parcel of land being Pnrool "B" as
It Office, a portion of Lot 1!
in the Southeast quarter of Section I
Ada County, Idaho, being more patt'.
Cornmencing at the Southeast cornu.
Meridian; thcnee
South 89046'19" West 676,80 feet a
North 00'06'14" West 70.00 feet to
TBE REAL POINT OV BLGINb
ng the South line of said Section 17 to a point; thence
point on the Northerly right of way of Overland Road,
g said right of way to a point; thence
point on the boundary of Overland Way Subdivision;
said boundary to a point; thence
9 "AL POINT OF BEGINNING of this description.
hown on Record Of Survey No. 5971, Ada County
Block 1 of Overland Way Subdivision, said parcel located
Township 3 North, Range I East of the Boise Meridian,
alarly described as follows;
rf Section 17, Township 3 North, Range 1 East, Boise
wit the South line of said Section 17 to a point; thence
point on the Northerly right of way of Overland Road,
NG of this description; thence
South 89046'18" West 125.86 feet along said right of way to a point; thence
North 00"0T 14" West 148.00 feet to a point on the boundary of Overland Way Subdivision;
Thence
North 89046'18" Bast 125.90 feet along said boundary to a point; thence
South 00'06'14" East, 148.00 feet to THE REAL POINT OF BEGINNING of this description
Slowan The.( Nisei Inc. Mile Number: 403371jo�•4n)
T--046 P007/007 F-129
i
GROUND LEASE AGREEMENT
opy
Date: March 20, 2007
1. AGREEMENT. For and in consideration of
the mutual covenants herein set forth, Kimball
Properties Limited Partnership, an Idaho limited
partnership ("Landlord"), hereby leases to
Bladow Properties, LLC, a Nevada limited
liability company ("Tenant"), and Tenant leases
from Landlord, the Premises herein described in
accordance with the following terms ("Lease").
2. PREMISES. The Premises are comprised of
the land identified on Exhibit A hereto, located in
Ada County, Idaho, together with and subject to
the real property appurtenances thereto. Tenant
acknowledges its responsibility to independently
investigate the suitability of the Premises for its
intended use and agrees to take them in the
condition they are now in, without warranty by
Landlord except as set forth in §2.2, and to
provide all improvements required by
jurisdictional authorities or for Tenant's use. The
Premises, together with any paving,
landscaping, buildings and other improvements
of any kind constructed thereon by Tenant, are
referred to herein as the Facility.
2.1 IMPROVEMENTS BY TENANT. Tenant
shall at its cost provide all site, building and
other improvements necessary for its intended
use of the Premises ("Improvements').
jurisdictional authorities and any recorded
covenants, of the Improvements in accord
with the approved Plans, and shall diligently
prosecute such work to completion. Tenant
shall keep the area in and about the
Premises in a neat and clean condition, and
arrange for the proper disposal of all
construction waste.
2.1.3 ALTERATIONS. Tenant shall make
no structural or exterior alterations or
additions to the Improvements without
Landlord's prior written consent. Any such
alterations and additions shall become part
of, and subject to the same provisions
applicable to, the initial Improvements.
2.1.4 OWNERSHIP. During the term of the
Lease, fee title to the Improvements shall be
and remain vested in Tenant. Upon the
expiration or earlier termination of the Lease,
fee title to the Improvements (and any
subsequent alterations or additions) shall
pass to and vest in Landlord, at no cost to
Landlord, free of all claims of Tenant and its
successors and assigns, and free of all liens
and encumbrances created or permitted by
Tenant. For the purpose hereof, the
Improvements do not include Tenant's trade
fixtures and other personal property which
are not permanently attached to or an
integral part of, and are not necessary for the
2.1.1 PLANS. Tenant shall provide for the
operation and occupancy of, the real property
preparation by qualified design professionals
otherwise comprising the Improvements.
of detailed plans and specifications ("Plans")
for the Improvements. Landlord reserves the
2.2 LANDLORD'S WARRANTIES. Landlord
right of written approval of the Plans, and no
warrants that: (a) subject to all matters of
work shall commence until such approval has
record, it is the sole owner of the Premises; (b)
been given. Such approval shall be based
to the best of its knowledge all information
upon reasonable considerations, including
supplied by Landlord is true and accurate; (c)
without limitation, access and traffic flow,
to the best of its knowledge the Premises are
adequacy of parking, exterior lighting,
in compliance with the requirements of all
building and site dimensions, facing of
jurisdictional authorities, and It has received no
elevations with respect to adjoining streets,
notice of any violation thereof; (d) all utilities
exterior finish materials and colors, view from
(gas, sewer, water, electricity, telephone) are
and affect on adjoining parcels, signs, and
or will at Landlord's cost be made available
architectural compatibility with existing
within five feet of a Premises boundary line in
nearby improvements.
coordination with the final determination of the
Premises boundary and Tenant's construction
2.1.2 CONSTRUCTION. Tenant shall at its
schedule; (e) neither Landlord, nor to the best
cost provide for the construction in a good
of its knowledge any other party (whether
and workmanlike manner, by a contractor
acting as agent for Landlord or otherwise), has
approved in writing by Landlord, and in
used at or placed- upon or about the Premises
compliance with the requirements of all
Ry-maferials which at ' e of their use
GROUND LEASE AGREEMEN
—Qdoba at Grandview Station - 1
were regulated as hazardous, other than as
may have been incidental to its prior use for
agricultural cultivation; (f) it has received no
notice of any present, pending or threatened
condemnation proceedings against, or other
litigation affecting, the Premises or its title; (g)
it has given no possessory rights to, nor are
there to the best of its knowledge any parties
in possession of, the Premises; and (h) it has
entered into no unexpired lease or sale
agreement regarding the Premises.
3. TERM. The Lease term shall commence on
September 15, 2007, and shall expire on
September 30, 2037. The term Lease Year as
used herein shall, in the case of the first Lease
Year, mean the period beginning on September
15, 2007, and ending on September 30, 2008,
and in the case of succeeding Lease Years,
shall mean each succeeding 12 calendar month
period. Tenant shall be entitled to possession of
the Premises commencing on the date hereof,
which possession shall, prior to the term
commencement date, be subject to all of the
terms hereof other than the payment of rent.
3.1 FRANCHISOR APPROVAL. If by April
13, 2007, the Qdoba Mexican Grill franchisor
has not approved this location for Tenant upon
terms acceptable to Tenant, then Tenant may
terminate this Lease by giving written notice
thereof to Landlord by April 20, 2007, in which
event this Lease shall be deemed terminated,
and neither party shall otherwise be liable to
the other hereunder.
3.2 OPTIONS TO EXTEND. Tenant shall
have the rights to extend the term of the Lease
for five periods of five years each. Each such
right may be exercised only by giving written
notice thereof to Landlord not later than 12
months prior to the expiration of the then
expiring Lease term. All of the terms and
conditions of the Lease and its addenda and
amendments, including all rent provisions,
shall govern during any such extension and
shall be construed as though such extension
was part of the original term.
4. RENT. All rent due hereunder shall be paid
to Landlord without offset or prior notice or
demand, in lawful money of the United Slates, at
such place as Landlord may from time to time
designate in writing.
t
4.1 BASE RENT. The monthly Base Rent
payable during the first Lease Year shall be
$6,976, prorated for partial months. After the
first Lease Year, the monthly Base Rent
payable for each successive Lease Year
during the initial term and any extension
thereof pursuant to §3.2 shall be the monthly
Base Rent payable for the preceding year
increased by 2'/a% per year. The Base Rent
shall be payable monthly in advance on the
first day of each calendar month.
4.2 NET LEASE. Tenant acknowledges that
the rent payable hereunder is intended to be
net income to Landlord, undiminished by any
costs or expenses relating to the Premises.
Tenant agrees to perform and pay all costs of
the construction, operation, maintenance,
repair, reconstruction, and management of the
Facility, whether or not now foreseen, including
by way of illustration and not as limitation
thereto, all real and personal property taxes
and other taxes levied upon the Facility or the
operation, occupancy or furnishing thereof,
whether or not now customary (prorated for
partial years); the cost of acquiring and
maintaining the casualty, liability and other
insurance required hereunder or otherwise
provided by Tenant; all costs of irrigating the
Facility; all utilities and related connection and
delivery fees; all costs of maintaining the
Facility and every part thereof; dues assessed
against the Facility through any common area
maintenance and operation association; and
such other costs as may arise or be more
specifically set forth herein. If Tenant fails to
pay for any cost or perform any service
required to be paid or performed by it
hereunder, then Landlord may at Landlord's
option pay such cost or perform such service
and Tenant agrees to pay as additional rent
the amount so expended by Landlord, within
10 days of invoicing by Landlord.
5. OPTION TO PURCHASE. During the Lease
term and any extensions thereof, Tenant shall
have the right to purchase the Premises subject
to and upon the terms set forth below.
5.1 EXERCISE. Tenant may exercise this
right only by giving to Landlord written notice
thereof at any time after the sixth month of the
second Lease Year (or earlier if in response to
Landlord's notice given pursuant to §5.10) and
before the last day of the fifth Lease Year. If
GROUND LEASE AGREEMENT — Qdoba at Grandview Station - 2
no such notice is timely given, then this option
shall lapse and be of no further force or effect.
5.2 PURCHASE PRICE. During the first two
Lease Years, the Purchase Price shall be
$976,000, and shall thereafter during the term
of the purchase option be increased annually
by 11% (eleven percent) on the first day of
each successive Lease Year. The date upon
which Tenant gives notice of its exercise of its
purchase option shall determine the applicable
Purchase Price. The Purchase Price shall be
payable in cash at closing.
5.3 ASIS. Tenant acknowledges its
responsibility to independently investigate the
suitability of the Premises for its intended use
and agrees to take it in the condition it is then
in, without warranty by Landlord except as set
forth in §2.2 (which warranties shall not apply
to the Improvements), and to provide any
improvements required by jurisdictional
authorities or for Tenant's use.
5.4 TITLE INSURANCE. Unpermitted
Exceptions shall mean any matters disclosed
by the title commitment which are liens (other
than for taxes and regular assessments for the
year of closing) or which would prevent the use
and occupancy of the Premises for the primary
use as a restaurant pursuant to §7.2. Landlord
shall at its cost provide at closing a standard
owner's policy of title insurance in the amount
of the Purchase Price insuring title to the
Premises in Tenant's name subject to the
following exceptions: the Title Company's
usual and customary exceptions; the lien of
taxes and regular assessments for the year of
closing; recorded easements, rights-of-way,
restrictions and other matters found of record
(other than Unpermitted Exceptions) not
disapproved of in writing by Tenant within
seven calendar days after delivery to it of a
preliminary title report; and restrictions
established by jurisdictional agency. If
Landlord cannot remove any disapproved
exceptions by closing, then as its sole remedy
Tenant may either accept such exceptions and
close at the Purchase Price established
pursuant to §5.2 or terminate this option, which
shall then be of no further force or effect.
5.5 CONVEYANCE. Landlord shall execute
and deliver to Tenant on the closing date a
standard form warranty deed conveying fee
simple title to the Premises to Tenant free of
the Unpermitted Exceptions and subject to the
exceptions set forth above and in §7.3 and
other matters apparent or of record.
5.6 CLOSING - COSTS. The closing shall
occur within 90 days after Tenant's notice to
Landlord of its exercise of this option, but no
sooner than the first day of the third Lease
Year. The usual and customary closing costs
will be shared equally by Landlord and Tenant.
Rental income and property taxes will be
prorated as of the day of closing. Any legal
costs incurred by either party in connection
with the consummation of this transaction will
be paid by the party incurring such costs.
Tenant claims no sales commission in
connection herewith, and Landlord and Tenant
shall hold each other harmless from
commission or finder's fee claims arising from
the other's conduct or representations.
5.7 FINANCING RESTRICTIONS. If Tenant
exercises this option and there are then any
existing mortgage(s) affecting the Premises,
then Tenant may either pay off the
mortgage(s) or assume them; provided that
any such assumption shall be subject to the
consent thereto by the mortgagee and to the
approval by the mortgagee of Tenant as a
purchaser and the release of Landlord and any
guarantors thereunder, and further provided
that Tenant shall be solely responsible for the
payment of any assumption fees and of any
prepayment penalties or fees. The failure by
Tenant to satisfy the provisions hereof prior to
the expiration of the above closing schedule
shall cause this option to lapse and be of no
further force or effect.
5.8 EXCHANGE OPTION. Either or both of
Tenant and Landlord may at their option effect
the purchase and sale of the Premises through
a third party Section 1031 exchange, in which
event the other party shall cooperate to that
end and execute such documents as may be
necessary therefor, provided that the closing
date is not delayed, that the other party incurs
no additional expense or liability, and that the
provisions hereof survive any exchange, and in
which event the exchanging party indemnifies
the other party against all claims arising out of
or in any way connected with the other
property or its transfer, and against all costs
incurred by the other party in the course of
defending against the same.
GROUND LEASE AGREEMENT — Qdoba at Grandview Station - 3
5.9 ADDITIONAL ACTS. Each party agrees
to take such other actions as may reasonably
be required to consummate this transaction,
and to afford each other reasonable
cooperation towards that end.
5.10 FIRST RIGHT IF MARKETED.
Notwithstanding this option, Landlord may at
any time after the second Lease Year market
the Premises for sale subject to the following
restrictions. Prior to marketing the Premises
for sale, Landlord shall notify Tenant in writing
of its intent to do so ("Notice of Intent to
Market"). If Tenant fails within 15 days of such
notice to exercise this purchase option, then
Landlord may during the one-year period
following the date of the Notice of Intent to
Market sell the Premises without further notice
to Tenant upon such terms as are acceptable
to Landlord. During such one-year period and
prior to any sale by Landlord of the Premises,
and if the option has not otherwise terminated,
Tenant shall retain its option right and may at
any time exercise its option right provided only
that Landlord is not at the time of Tenant's
exercise legitimately negotiating with a bona -
fide prospective purchaser. If Landlord has not
sold or committed for sale the Premises within
one year following any Notice of Intent to
Market, and the option has not terminated,
then, as a condition to any continued or
subsequent marketing by Landlord of the
Premises, Landlord must give Tenant an
additional Notice of Intent to Market, giving to
Tenant 15 days within which to exercise its
option as set forth above. The sale of the
Premises to any third party shall constitute a
termination of Tenant's option to purchase,
provided Tenant has first been given the
opportunity to exercise its option as set forth in
this paragraph.
5.11 ASSIGNMENT. Landlord has granted
this option as a personal consideration to
Tenant, and such option may not be assigned
by Tenant, and shall not inure to the benefit of
Tenant's successors, assigns, or sublessees.
6. SECURITY DEPOSIT. Waived.
7. USE, SUITABILITY. Subject to the
provisions of §7.3, §7.4 and other recorded
restrictions, Tenant may use the Facility for any
uses permitted by applicable zoning laws.
Tenant acknowledges that neither Landlord nor
any agent of Landlord has made any warranty or
representation with respect to the Premises or
the suitability of the Premises for Tenant's use,
the absence or presence of the same or other
uses except as provided in §7.2, or
improvements to the Premises in any form.
Tenant shall obtain all approvals and permits
lawfully required in connection with such use
and shall use the Facility only in conformance
with all applicable laws, ordinances and
restrictive covenants.
7.1 CONTINUOUS OPERATION. Tenant
agrees that it will operate the Facility in a first
class manner continuously during the Lease
term during its customary business hours.
7.2 LIMITED EXCLUSIVE USE. So long as
Tenant is operating from the Facility in the
name and style of the Qdoba Mexican Grill
franchise (or in the name and style of any
other fast -casual Mexican food restaurant
format), subject to cessations of operation of
less than 30 days (or such longer time as may
be required to restore the Facility following any
casualty loss) and is not in default of the
Lease, Landlord shall not lease or sell any
other property which it owns within Dorado
Subdivision to any other fast -casual Mexican
food restaurant, which shall include but not be
limited to restaurants such as Baja Fresh and
Chipotle in their current format. For the
purpose hereof, the following shall not be
considered fast -casual Mexican restaurants:
(a) fast-food Mexican restaurants with drive -up
windows and no table wait service (such as
Taco Bell and Taco Time in their current
format); and (b) full-service Mexican
restaurants with full table wait service and no
drive -up windows (such as the local restaurant
Cafe OI6).
7.3 USE RESTRICTIONS. The Premises
shall be subject to the following use
restrictions, in addition to those established
pursuant to §7.4.
7.3.1 GENERAL RESTRICTIONS. Any use
proposed for occupancy within the Facility
other than a restaurant operating in the name
and style of the Qdoba Mexican Grill
franchise shall be subject to Landlord's prior
written approval, which shall be granted
unless the proposed use is in direct
competition with (a) any other use then in
operation within Dorado Subdivision, or (b)
the primary use permitted by any lease or
GROUND LEASE AGREEMENT — Qdoba at Grandview Station - 4
sale agreement then existing between
Landlord and any third party relating to
Dorado Subdivision, whether or not such use
has commenced. Such approval shall be
subject to any recorded restrictions and
applicable zoning laws.
7.3.2 SPECIFIC RESTRICTIONS. So long
as the following are being offered for sale
within Dorado Subdivision, Tenant may not at
any time permit the use of the Premises by
any occupant whose primary product is any
combination of premium gourmet beverages
derived from coffee, such as iced coffee,
flavored coffee, espresso, lattes,
cappuccinos, and mochas; provided,
however that this restriction shall not prohibit
the sale of coffee and derivative beverages
as secondary and supplemental menu items.
7.3.3 SURVIVAL. The restrictions of this
§7.3 shall survive the exercise of the
purchase option provided for in §5, or the
merger or other termination of this Lease.
7.4 DECLARATION. Tenant acknowledges
that the Facility is subject to the Declaration of
Covenants, Conditions and Restrictions for
Grandview Station recorded in Ada County,
Idaho, on September 28, 2006, as Instrument
No. 106154996, and to the extent applicable to
Tenant's use and occupancy of the Facility,
agrees to abide by the terms thereof as the
same may from time to time be amended by
recorded instrument, provided that any such
amendments shall not unreasonably interfere
with Tenant's right to occupy the Facility as a
Qdoba Mexican Grill restaurant.
8. UTILITIES. Tenant shall at its cost arrange
for the connection and delivery of all utilities to
the Facility. Landlord shall not be liable, nor
shall the rent abate, in the event of the failure of
any utility deliveries for any reason.
9. REAL PROPERTY, IRRIGATION TAXES.
Subject to reimbursement pursuant to §4.2,
Landlord shall pay the real property and
irrigation taxes levied upon the Facility before
any installment thereof becomes delinquent.
10. MAINTENANCE. Tenant shall at its cost
maintain in good and attractive condition the
Facility and every part thereof. If Tenant refuses
or neglects to perform such maintenance, or any
part thereof, within a reasonable time after
written notice from Landlord, Landlord may at its
option perform such service on behalf of and for
the account of Tenant, and Tenant shall
promptly pay as additional rent any sums so
expended.
11. CONDITION UPON EXPIRATION OF
TERM. Upon the expiration or earlier
termination of the Lease, Tenant shall surrender
the Facility in a clean and neat condition, having
performed any deferred maintenance, ordinary
wear and tear excepted, and shall promptly
remove its personal property (as identified in
§2.1.4) and repair at its cost all damages caused
by such removal. Any of Tenant's personal
property not so removed shall be deemed
abandoned. Tenant shall indemnify Landlord
against any loss or liability resulting from delay
by Tenant in so surrendering the Facility.
12. ENTRY BY LANDLORD. Landlord and its
authorized representatives may during normal
business hours enter the Facility from time to
time for periodic inspection, and during the final
Lease Year may exhibit the same for lease or
sale.
13. LIENS. Nothing in this Lease shall be
construed as Landlord's consent to any party for
the performance of labor or the furnishing of
materials to or for the Premises, or as giving
Tenant any right to contract for or permit the
rendering of services or the furnishing of
materials which might give rise to any lien rights
against Landlord's interest in the Premises.
Tenant agrees to pay or cause to be paid all
costs for work done by it on the Facility and to
keep the Facility free of liens on account of work
done by it or persons claiming under it; provided,
however, that Tenant may contest the validity of
a lien, diligently pursuing the same to a prompt
resolution, and upon the determination thereof,
pay the final amount due and cause the lien to
be released of record. Tenant shall indemnify
Landlord against any liability or loss relating to
liens on account of work done by Tenant or
persons claiming under Tenant.
14. INDEMNITY. Tenant agrees to indemnify
Landlord against all claims, and all reasonable
expenses incurred in investigating or resisting
the same, for injury to persons or loss of or
damage to property occurring at the Facility or
arising out of or in any way connected with
Tenant's use and occupancy. Tenant, as a
material part of the consideration to Landlord,
GROUND LEASE AGREEMENT — Qdoba at Grandview Station - 5
hereby assumes all risk of loss or damage to its
property or injury to persons in, upon or about
the Facility from any cause, and Tenant hereby
waives all claims in respect thereof against
Landlord.
15. INSURANCE. During the term of this
Lease, Tenant shall procure and maintain on
commercially reasonable terms (a) fire and
extended replacement cost coverage insurance
on the Facility for its full insurable value, (b)
business interruption insurance, (c) casualty
insurance for its fixtures, equipment and other
personal property located at the Facility, and (d)
liability insurance of at least $2,000,000. Tenant
agrees to furnish certificates of insurance to
evidence such coverage. Such policies shall
name Landlord as an additional insured, and
contain endorsements requiring not less than 30
days prior written notice to Landlord of any
cancellation or reduction in coverage. Landlord
and Tenant each hereby waive any rights of
recovery against the other for loss to such
waiving party of its property or the property of
others insured under any insurance policy
carried by the waiving party.
16. DAMAGE OR DESTRUCTION. If the
Facility is damaged or destroyed, Tenant shall at
its cost promptly re -build or repair the same in
accord with the provisions of §2.1. Landlord
shall have no repair obligations, nor shall the
Lease terminate, nor shall any rent abate, with
respect to any such casualty.
17. CONDEMNATION. If enough of the Facility
is taken by the power of eminent domain, as
determined by Tenant in its reasonable opinion,
to render the Facility unusable for its intended
purpose, then Tenant may terminate the Lease
as of the date Tenant is required to yield
possession. If such condemnation is less than
above, then the Lease shall continue and the
rent shall abate in proportion to the area of
Premises taken, and Tenant shall promptly
restore the Facility to an architectural unit as
nearly comparable as practicable to the unit
existing just prior to such taking, in accord with
the provisions of §2.1.
17.1 AWARD. Any award for any taking of
the Facility shall belong to Landlord, except
that Tenant shall be entitled to any award
allocated by the condemning authority to the
Improvements and Tenant's personal property.
The term eminent domain shall include a sale
of the Premises by Landlord when such sale is
made under the threat of condemnation and to
the condemning authority.
18. SUBLEASE, ASSIGNMENT, MORTGAGE.
Tenant shall not sublease, mortgage, assign or
otherwise encumber all or any part of Tenant's
interest in this Lease or in the Facility, whether
voluntarily or otherwise, without Landlord's prior
written consent, which shall not be unreasonably
withheld. Any sublease shall be subordinate to
this Lease. Any subletting or assignment, even
with Landlord's consent, shall not relieve Tenant
of its obligation to pay the rent and perform all of
the other obligations to be performed by Tenant
hereunder. The acceptance of rent from another
party shall not be deemed to be a waiver by
Landlord of any provision of this Lease.
18.1 MORTGAGE. Any mortgage, deed of
trust, or other security interest shall be subject
to this Lease and not encumber or require
subordination of Landlord's fee title to the
Premises, and shall terminate and be released
of record upon the expiration or earlier
termination of this Lease. Tenant shall notify
Landlord in writing of the notice address for the
holder of any such security interest
("Lienholder Address"). Landlord shall not
exercise its right to terminate this Lease in the
event of Tenant's default unless such default
remains uncured for more than 30 days after
Landlord gives written notice of such default to
the Lienholder Address.
19. SUBORDINATION, ATTORNMENT. This
Lease shall at Landlord's sole option be subject
and subordinate to the lien of any mortgages or
deeds of trust in any amount now or hereafter
placed on or against the Premises, without any
further act by Tenant; provided, however, that so
long as Tenant is not in default of any provision
of the Lease, Tenant's rights and obligations
under such Lease shall not be disturbed.
Tenant agrees to execute without charge such
instruments as may reasonably be required to
evidence such subordination. In the event of the
transfer of Landlord's interest herein or in the
Premises, whether by forced sale, foreclosure,
or otherwise, Tenant shall attorn to such
transferee as the Landlord hereunder, subject to
the transferee honoring the provisions of the
Lease.
20. QUIET ENJOYMENT. So long as Tenant
pays the rent and other sums due hereunder
GROUND LEASE AGREEMENT —Qdoba at Grandview Station - 6
and complies with the covenants and conditions
of this Lease, Tenant's possession of the
Premises shall not be disturbed by Landlord, or
by any party claiming by or through Landlord.
21. DEFAULT BY TENANT. The occurrence
of any of the following shall constitute a material
default and breach of this Lease by Tenant: any
failure to pay any monetary sums due hereunder
within five days after written notice to Tenant of
delinquency; the abandonment or vacation of
the Facility; or the failure by Tenant to observe
and perform each and every provision of this
Lease to be observed or performed by Tenant
where such failure continues for 10 days after
written notice thereof to Tenant.
21.1 REMEDIES. In the event of any default
by Tenant, Landlord shall have the following
remedies, in addition to any other rights and
remedies available to Landlord at law or in
equity:
21.1.1 CONTINUE LEASE. Landlord may
maintain this Lease in full force and effect,
whether or not Tenant has abandoned the
Facility, and without prejudice to Landlord's
right to terminate the Lease pursuant to
§21.1.2, and recover all monetary sums due
hereunder as they become due, in which
event Landlord shall have the right to enter
upon the Facility for the purpose of
preserving and maintaining the same and to
re -let all or part of the Premises and Facility
in Landlord's name upon terms acceptable to
Landlord, including the right to remove
property and persons from the Facility and to
prepare the same for such re -letting, without
being deemed to have terminated this Lease.
Any of Tenant's personal property remaining
at the Facility shall be deemed abandoned.
Any income received by Landlord from such
re -letting, after deducting the costs incurred
by Landlord in securing the same (such as
leasing commissions and alteration costs),
shall be applied against the amount due
hereunder by Tenant.
21.1.2 TERMINATE LEASE. Landlord may
Terminate Tenant's right to possession by
any lawful means, in which event this Lease
shall terminate and Tenant shall immediately
surrender possession of the Facility and pay
to Landlord all monetary sums then due with
interest, the present value (discounted at 8%
per annum) of all future rents payable
hereunder during the remaining term less the
present value (similarly discounted) of any
net amount which Tenant proves Landlord
could reasonably be expected to earn from
the Premises over such term (given due
consideration to the probable time and costs
required to re -lease the Premises, including,
for example, vacancy, leasing commissions
and alterations costs), any other amount
necessary to compensate Landlord for loss
caused by Tenant's default hereof, and such
other amounts as may be permitted by
applicable State Law.
21.2 NO WAIVER, COLLECTION. The
failure by Landlord to exercise any rights
available to it when first available shall not be
deemed a waiver by Landlord of such rights.
Tenant agrees to pay all costs of collection.
22. DEFAULT BY LANDLORD. If Landlord
fails to cure any default of its obligations
hereunder within 30 days of written notice
thereof, or within such longer time as may be
necessary with due diligence to cure such
default, and such default results in a material
infringement upon Tenant's ability to use the
Premises for the purpose contemplated hereby,
then Tenant may, if it is not then in material
default of the Lease, cure such default upon
giving five days prior written notice of its intent to
do so (separately from the initial notice of
default), and Landlord shall upon demand pay to
Tenant the costs reasonably incurred by Tenant
in effecting such cure, not to exceed the rent
payable hereunder for the period from the date
of delivery of Tenant's notice of intent to cure
through the minimum fixed remainder of the then
effective Lease term, provided, however, that (a)
Tenant shall not be relieved of its obligation to
pay without offset the rent payable hereunder as
it becomes due during the full Lease term, (b)
Landlord does not by this provision waive its
right to contest any such claim by Tenant, and
(c) Tenant shall have no lien or claim against the
Facility.
23. INTEREST. Any amounts due hereunder
not paid when due shall bear interest from the
due date until paid at five points over the then
prevailing prime institutional lending rale.
24. ESTOPPEL CERTIFICATES. Tenant shall
on not less than 15 days written notice
acknowledge in writing the existence of this
Lease and such other facts relative hereto as
GROUND LEASE AGREEMENT — Qdoba at Grandview Station - 7
may reasonably be requested by Landlord.
Tenant's failure to deliver such statement within
such time shall be conclusive upon Tenant that
(a) this Lease is in full force and effect, without
modification except as may be represented by
Landlord; (b) there are no uncured defaults by
Landlord; and (c) not more than one month's
rent has been paid in advance.
25. TRANSFER OF LANDLORD'S INTEREST.
In the event of the sale or transfer of Landlord's
interest herein or in the Premises, other than a
transfer for security purposes only, Tenant
agrees to aftorn to any such transferee and
Landlord shall be relieved, from and after the
date of such transfer, of all liabilities and
obligations accruing on the part of Landlord,
subject to the assumption by the transferee of
this Lease, and provided that any funds in the
hands of Landlord at the time of transfer in
which Tenant has an interest shall be delivered
to the successor of Landlord.
26. ENTIRE AGREEMENT, CONSTRUCTION.
This Lease supersedes any previous oral or
written agreements and constitutes the entire
agreement between Landlord and Tenant
relative to the Premises and may be amended
only in writing signed by both parties, and each
parry has entered into such agreement in
reliance solely upon the contents hereof. This
Lease shall be construed neutrally rather than
strictly for or against either party.
27. TIME, SEVERABILITY. Time is of the
essence of this Lease and each provision
hereof. If any provision of this Lease to any
extent is found by a court of competent
jurisdiction to be invalid or unenforceable, the
remainder of this Lease shall not be affected
thereby.
28. COST OF SUIT. If Tenant or Landlord shall
bring any action for any relief against the other,
declaratory or otherwise, arising out of this
Lease, including any suit by Landlord for rent or
possession, the losing party shall pay the
prevailing party a reasonable sum for attorney's
fees.
29. SURVIVAL, CHOICE OF LAW. Subject to
the restrictions herein against assignment by
Tenant, the provisions hereof shall bind and
inure to the benefit of the parties hereto and
their respective successors and assigns. This
Lease shall be governed by the laws of the State
of Idaho.
30. NO MERGER. The voluntary or other
surrender of this Lease by Tenant or a mutual
cancellation thereof shall not work a merger, and
shall, at the option of Landlord, terminate all or
any existing subleases, or may operate as an
assignment to it of any or all of such subleases.
31. HOLDING OVER. If Tenant remains in
possession of all or any part of the Facility after
the expiration of the Lease term, with or without
the express or implied consent of Landlord, such
tenancy shall continue only at Landlord's will,
and shall be subject to all of the terms of this
Lease, provided that the Base Rent shall be
150% of the monthly Base Rent last payable
during the Lease term. This provision shall not
be construed as Landlord's consent to any
holding over.
32. WAIVER. No covenant hereof shall be
deemed waived except in writing by the waiving
party. Acceptance by either party of any
performance by the other after the time the
same shall become due, unless cured within the
applicable grace period, shall not constitute a
waiver of such default.
33. FORCE MAJEURE. Any delay due to
causes beyond the reasonable control of the
obligated party shall excuse the performance by
such party for a period of time equal to such
delay, except with respect to the payment of
rent.
34. NOTICES. All notices required hereunder
shall be given in writing and shall be deemed
effective (a) upon delivery, if delivered in person;
(b) upon transmission if delivered electronically
with receipt acknowledged; (c) one business day
after deposited for overnight delivery with any
reputable overnight courier service; (d) two
business days after deposited with the US
Postal Service as registered or certified mail and
addressed to the parties at the addresses set
forth below, or at such other addresses as the
parties may from time to time notify the other in
writing; or (e) upon actual receipt.
Landlord:
Kimball Properties Limited Partnership
PO Box 8204
Boise ID 83707
GROUND LEASE AGREEMENT — Odoba at Grandview Station - 8
Tenant:
Bladow Properties, LLC
2235 Encinitas Blvd Ste 107
Encinitas CA 92024
35. RECORDING. A memorandum executed
by Landlord and Tenant establishing the
existence of this Lease, its included purchase
option, and its expiration date, but not its
economic terms, shall be recorded in the
records of Ada County, Idaho. Neither this
Lease nor any memorandum thereof shall
otherwise be recorded without Landlord's
express prior written consent.
36. FINANCIAL REVIEW. This Lease is
subject to Landlord's review and approval of the
financial condition of Tenant and its guarantors,
and if requested by Landlord, the satisfactory
guarantee of Tenant's obligations under the
Lease. Tenant agrees to furnish appropriate
financial information in a timely manner. If such
review and guarantee are not resolved to
Landlord's satisfaction prior to commencement
of construction of the Improvements, then
Landlord may at its option terminate the Lease.
37. NOT AN OFFER. Unless signed by
Landlord, this Lease is not an offer from, and
shall in no way be binding upon, Landlord unless
and until executed by Landlord, whose election
to execute the same shall be based upon such
business criteria as Landlord in its sole
discretion deems appropriate.
38. AUTHORITY, SIGNATURES. The
individuals signing below on behalf of the
respective parties hereto warrant that they are
duly authorized to execute this Lease on behalf
of said parties, and that such execution is
binding upon said parties without further action
or ratification. The parties acknowledge their
intent that this Agreement and any related
signature or record shall be binding whether
created, transmitted or effected by traditional or
electronic means.
KIMBALL PROPERTIES LIMITED BLADOW P ER IES, LLC
PARTNERSHIP
y By
A oriz Represe to ive Auth iced epresentative
GROUND LEASE AGREEMENT — Qdoba at Grandview Station - 9
EXHIBIT A
Property Description
Qdoba Ground Lease Site at Grandview Station
March 17. 2007
A parcel of land being part of Lot 5 in Block 1 of Dorado Subdivision, according to the official plat thereof
as filed in the records of Ada County, Idaho, which parcel is more particularly described as follows:
Commencing at the Southeast corner of Lot 6 in Block 1 of said Subdivision, said point lying on the North
boundary of the right-of-way for Overland Road; thence
South 89" 46' 18" West 206.67 feet along the South boundary of said Block 1 to a point, said point being
the Real Point of Beginning; thence
South 890 46' 18" West 25.76 feet along the South boundary of said Block 1 to a point; thence
South 88° 30'00" West 137.13 feet along the South boundary of said Block 1 to a point; thence
North 000 00' 00" East 205.27 feet to a point; thence
South 90° 00' 00" East 162.85 feel to a point; thence
South 00° 00'00" East 201.58 feet to the Real Point of Beginning.
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EXHIBIT A-1
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C O M P A N Y TEL sBBar Im B w 160
Real Estate Deoelopment
FAX AT GRANDVIEW STATION
LEASE GUARANTY
Date: March 20, 2007
1. GUARANTY. In order to induce Kimball
Properties Limited Partnership, ("Landlord") to
enter into the Lease Agreement dated
contemporaneously herewith, ("Lease") with
Bladow Properties, LLC ("Tenant"), regarding
premises located within Dorado Subdivision in
Meridian, Idaho, the undersigned (jointly and
severally referred to herein as "Guarantor")
hereby unconditionally and irrevocably
guarantees to Landlord and Landlord's
successors and assigns the complete and
prompt performance by Tenant of all of Tenant's
obligations under the Lease, including, without
limitation, payment of all rent and all other
charges required to be paid thereunder, and
payment of all costs, expenses and charges,
including but not limited to attorney's fees and
expenses, which may arise as a result of a
default by Tenant under the Lease.
2. TERM. Guarantor further covenants and
agrees that: (a) this Guaranty shall remain in full
force and effect through the term of the Lease
and any extensions thereof and any option
periods; and (b) this Guaranty shall not be
terminated, modified or impaired by reason of (i)
extension, modification or amendment of the
Lease; (ii) action which Landlord fails to take; (iii)
Landlord's waiver of or failure to enforce any
rights or remedies; (iv) assignment by Tenant of
its leasehold interest; (v) the assignment by
Landlord of its interest in the Lease or the sale
or transfer of the leased property; or (vi) any
other act or occurrence except Landlord's
express written termination or modification
agreement.
3. JUDGMENT. Guarantor will be conclusively
bound by the ' gment in any action by Landlord
Pr'
against Tenant in connection with the Lease as
if Guarantor were a party to such action even if
not so joined as a party. Guarantor agrees to
pay reasonable attorney's fees and all other
costs which may be incurred by Landlord in the
enforcement of this Guaranty.
4. FINANCIAL REPORTING. Guarantor shall
upon request (not more often than annually)
furnish to Landlord current financial statements,
including income statements and balance
sheets, which Landlord may disclose to any
party considering an equity or security interest in
the leased premises, but which shall otherwise
be treated confidentially. Guarantor warrants
that any financial statements furnished to
Landlord in connection with this Lease and
Guaranty are true and correct.
5. LIABILITY. Each of the undersigned are
jointly and severally liable hereunder, and any
one or more of the undersigned may, at
Landlord's option and without demand or notice,
be sued separately or joined in any action or
proceeding against Tenant in connection with
this Lease, and recovery may be had against
any one or more of the undersigned without
Landlord first pursuing or exhausting any
remedy or claim against Tenant or any others of
the undersigned.
6. AUTHORITY. The individuals signing below
on behalf of the respective parties hereto
warrant that (a) they are duly authorized to
execute this Guaranty on behalf of said parties,
(b) such execution is binding upon said parties
without further action or ratification, and (c) such
parties intend that this Agreement and any
related signature or record shall be binding
whether created, transmitted or effected by
traditional or electronic means.
Printed
Name: Vl
AFFIDAVIT OF LEGAL INTEREST
STATE OVEDAHO
COUNTY OF ADA
I, tmn64& 4�4e�
(name) (address)
(city) (state)
being first duly sworn upon, oath, depose and say:
That I am the record owner of the property described on the attached, and I grant my
permission to:
6AS 44' awZ�b
(name) (address)
to submit the accompanying application(s) pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the ownership of the property which is the subject of the application.
3. I hereby grant permission to City of Meridian staff to enter the subject property for the
purpose of site inspections related to processing said application(s).
Dated this day of �0"5 .20 0
(Signature)
SUBSCRIBED AND SWORN to before me the day and year fust above written.
i.1N.a...nrN
I40TARy = (Notary Public for Idaho)
PUBLIC =
Residing at:"('JI_ iA s �Gllll.k4—
My Commission Expires: 61-11) - DI Z-
660 E. Watertower Lane, Suite 202 . Meridian, Idaho 83642
Phone: (208) 864-5533 • Facsimile: (208) 888-6854 • Website: www.moridiancity.org
(Rev. 9/21/06)
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
I, Michael O. Blac(ow
(name)
Encinitas, CA
(city)
Encinitas Blvd #107
(address)
(state)
being first duly sworn upon, oath, depose and say:
I. That I am the record owner of the property described on the attached, and I grant my
permission to:
CJQS Jb gLAL,,EC{S , IOlO S Atl LLrot iiJ0D
(name) (address)
to submit the accompanying application(s) pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the ownership of the property which is the subject of the application.
3. I hereby grant permission to City of Meridian staff to enter the subject property for the
purpose of site inspections related to processing said application(s).
Dated this —i �— _day of _ !V1 L&Y 20 0-7
AA
(Signature
AND SWORN to before me the day and.vear first above
IINOtI 11�{l>t 71
Mo4My1111tIp-G1Y�tllla
�pNii��MMtl (Notary Public for Idaho)
p IIOr7,�
Residing at:
My Commission Expires: 1 1 % 16
660 E Watertower Lane, Suite 202. Meridian, Idaho 83642
Phone: (208) 884-5533 . Facsimile: (208) 888-6854 . Website: www.meridiancity.org
(Rev. 9121/06)