Treasure Valley Business Park Covenants
MERIDIAN CITY COUNCIL
JRNURRY 21, 1992
PRGE 5
Roy Johnson: What we are going to do maybe we can solve that
problem we really don't want to put the all weather road the full
length of it, the road that we have is adequate for the
irrigation district however we will be proposing to put a second
detention pond just east of this subdivision for future
subdivisions. I think that we could provide a turn around for
you at that point if that would work.
Eng. Smith: I guess my question would be, when is it going to
happen and how far east is it going to be?
Johnson: It's right at the end of this one here so we could put
that in with Sub. #3, it is immediately adjacent to the last lot.
The Motion was made by Tolsma and seconded by Yerrington to
approve the final plat on the Landing #3 conditioned upon the
access road satisfying the Public Works Department.
Motion Carried: All Yea:
ITEM A7: C014ENANTS Wibs7 -~~P."Y`~'$b8T1"~NTERa
The Motion was made by Corrie a _ R ;,,a~r4ve
the COn+etl~t>~ri _ .,~..,;'
r~?
Motion Carried: Rll Yea r
ITEM #8: GEORGE WRGNER, JUH ENGINEERS, UPDATE ON FACILITIES PLAN
RND PRESENT SEWER CAPRCITY:
George Wagner & Kirby Vickers, JUB Engineers: Explained current
facility and updates needed in the future. Also presented
drawings. (See Tape)
ITEM #9: RESOLUTION #142: RESOLUTION PERTAINING TO FLOOD ZONE:
Kingsford: A RESOLUTION OF THE CITY OF MERIDIAN OF SUPPORTING
FLOOD INSURANCE RND CITY COOPERATION WITH THE FEDERRL INSURANCE
ADMINISTRRTION RND THE DEPARTMENT OF HOUSING RND URBRN
DEVELOPMENT REGRRDING THEIR FLOOD INSURANCE PROGRAMSg RND
PROVIDING AN EFFECTIVE DATE.
The Motion was made by Yerrington and seconded by Tolsma to
approve of Resolution #142.
Motion Carried: R11 Yea:
rnn~ •, ~+rt
THOMAS T. WRIGHT COMPANY
Real Estate
January 3, 1991
Mr. Michael W. Eggleston
Supervisor of Real Estate
Yellow Freight System, Inc.
P.O. Box 7270
10990 Rowe Avenue
Overland Park, KS 66207
RE: CC&R's and Development Guidelines
Treasure Valley Business Center - Phase I
Dear Mike:
We are finally getting around to formalizing the recordation of the
Conditions, Covenants and Restrictions for Treasure Valley Business
Center in Meridian.
Concurrent with asking the City of Meridian to approve our CC&R's
and Development Guidelines, we are asking both your firm and
Intermountain Farmers Association to also join in the acceptance of
this most recent draft of those documents.
Please look them over and if found acceptable, please sign and
return one copy of the enclosed Agreement. If you have any
questions, please do not hesitate to let me know.
Very trul~ urs
/~
~~`
Thomas T. Wr ght
Enclosures
TTW:mdh
cc: tsr. Jack Niemann
City Clerk
City of Meridian
cc/enc: Mr. Dave Cunningham
P.O. Box 2727 1412 West Idaho, Suite 201 Boise, Idaho 83701 (208) 3434000
THOMAS T. WRIG HI
CCIM, SIOR
THOMAS T. WRIGHT COMPANY
January 3, 1991
Mr. Spence Lloyd
President
Intermountain Farmers Association
P.O. Box 30168
Salt Lake City, UT 84130
RE: CC&R's and Development Guidelines
Treasure Valley Business Center - Phase I
Dear Spence:
we are finally getting around to formalizing the recordation of the
Conditions, Covenants and Restrictions for Treasure valley Business
Center in Meridian.
Concurrent with asking the City of Meridian to approve our CC&R's
and Development Guidelines, we are asking both your firm and Yellow
Freight to also join in the acceptance of this most recent draft of
those documents.
Please look them over and if found acceptable, please sign and
return one copy of the enclosed Agreement. If you have any
questions, please do not hesitate to let me know.
Veryruly yours,
/In"
Thomas T. Wright
Enclosures
TTW:mdh
cc: fit'. Jack Niemann
City Clerk
City of Meridian
P.O. Box 2727 1A 12 West Idaha, Suite 207 Bofse, Idaho 83701 (208) 3434000
•
DECEMBER 23, 1991:
MAYOR
COUNCIL MEMBERS
ATTORNEY
ENGINEER
ATTACHED ARE THE CC&R'S AND DEVELOPMENT GUIDELINES FOR
TREASURE VALLEY BUSINESS CENTER - PHASE I:
THESE ARE FOR YOUR REVIEW, WILL BE ON THE COUNCIL
AGENDA FOR JANUARY 21, 1992:
~~
la~~ ~a9
~ ~~~%
~ a
THOMAS T. WRIGHT COMPANY
December 17, 1991
Mr. Jack Niemann
City Clerk
City of Meridian
33 East Idaho
Meridian, ID 83642
RE: Treasure Valley Business Center - Phase I
Dear Jack:
THOMAS T. WRIGHT
GGIM, $IOP
Please find enclosed photocopies of the newly revised Declaration
of Covenants, Conditions and Restrictions of Treasure Valley
Business Center - Phase I and the Development Guidelines. Also, I
am enclosing photocopies of the Agreements that we will be asking
Yellow Freight and intermountain Farmers to sign acknowledging the
implementation of the CC&R's. Finally, I am also enclosing a
photocopy of the Development Approval Application for your
information.
We are paying the invoice dated November 29, 1991, in the amount of
$224.75 for the previous review by the City's attorney of our last
draft. we appreciated his comments and believe the enclosed copies
embody all of the substantive changes.
Would you please ask the Mayor and City Council of Meridian to
formally approve our CC&R's and Development Guidelines. If you
need any further information, please advise.
ery truly yours
D_>'"`u1
Thomas T. W ght
TTW:mdh
Enclosures
P.O. Box 2727 1412 West Idaho, Suite 207 Boise, Idaho 83701 (208 3434000
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
OF
TREASURE VALLEY BUSINESS CENTER - PHASE I
~~
TABLE OF CONTENTS
Page No.
ARTICLE I RECITALS ............................
1.1 Owner ....................................
1.2 Benefit ..................................
ARTICLE II DECLARATIONS ........................
ARTICLE III PURPOSE .............................
3.1 Protection ...............................
3.2 Improvements .............................
3.3 Parking ..................................
3.4 Aesthetics ...............................
ARTICLE IV DEFINITIONS .........................
4.1 Building .................................
4.2 Building Site ............................
4.3 Committee ................................
4.4 Declaration ..............................
4.5 Guidelines ...............................
4.6 Improvements .............................
4.7 Landscaping ..............................
4.8 Lawn .....................................
9.9 Occupant .................................
4.10 Owner ....................................
4.11 Hazardous Waste or Material ..............
4.12 Sign .....................................
4.13 Street ...................................
ARTICLE V CONTROL COMMITTEE ...................
5.1 Establishment and Appointment of Members.
5.2 Term .....................................
5.3 Chairman .................................
5.4 Votinq ...................................
5.5 Control ..................................
5.6 Limitations and Effect of Actions........
5.7 Submittals and Communication .............
5.8 Certificate of Compliance ................
5.9 Liability of Committee ...................
ARTICLE VI LAND USE ............................
6.1 Building Sites ...........................
6.2 Service Facilities ......................
6.3 Land Division ............................
ARTICLE VII DEVELOPMENT REQUIREMENTS............
7.1 Site Related Requirements ................
7.2 Building Related Requirements............
7.3 Landscaping Requirements .................
7.4 Signs ....................................
7.5 Easement Areas ...........................
7.6 Open Space ...............................
7.7 Pollutants ...............................
7.8 Hazardous Waste and Material - Indemnity.
7.9 Variation from Declarant and Guidelines..
ARTICLE VIII APPROVAL OF PLANS ...................
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TVBC I - i
8.1 Procedure and Controls ................... 9
8.2 Rules and Regulations .................... 10
8.3 Fees ..................................... 10
8.9 Submittals ............................... 10
8.5 Variances ................................ 11
ARTICLE IX MAINTENANCE ......................... 11
9.1 Owner Responsibility ..................... 11
9.2 Track and Streets ........................ 11
9.3 Failure to Comply ........................ 11
ARTICLE X ENFORCEMENT ......................... 12
10.1 Forbearance ........................ ... 12
10.2 Nuisance ................................. 12
10.3 Attorneys' Fees .......................... 12
10.9 Inspection ............................... 13
ARTICLE XI NOTICE TO BE GIVEN TO OWNERS........ 13
ARTICLE XI I CONFLICTS ........................... 13
ARTICLE XI II MORTGAGES, DEEDS OF TRUST........... 13
ARTICLE XI V SEVERABILITY ........................ 13
ARTICLE XV LIMITATION ON LIABILITY ............. 14
ARTICLE XV I DURATION, MODIFICATION AND TERMINATION 14
16.1 Duration ................................. 14
16.2 Modification, Termination ................ 14
16.3 Owner's Rights ........................... 14
TVBC Z - ii
THIS Declaration is made this day of 1991,
by GEMTONE, INC., an Idaho corporation (hereinafter referred to
as "Declarant").
ARTICLE I
RECITALS
1.1 Owner. Declarant is the Owner of real property
described in this Declaration.
1.2 Benefit. Declarant is desirous of subjecting said real
property to the Covenants, Conditions and Restrictions and
Guidelines as hereinafter defined, each and all of which is and
are for the benefit of said property and for each subsequent
Owner and Occupant.
ARTICLE II
DECLARATIONS
Declarant hereby declares that the real property known as
Treasure Valley Business Center - Phase I, located in the City of
Meridian, Ada County, Idaho, and more particularly described in
Exhibit A, attached hereto and by reference made a part hereof,
sometimes referred to as TVBC I, shall be held, transferred,
sold, conveyed, leased, subleased and occupied subject to the
covenants, conditions, restrictions and Guidelines. The
following Covenants, Conditions and Restrictions are imposed on
TVBC I and are binding on all Owners and Occupants and may be
enforced against such Owners and Occupants, jointly and/or
severally.
ARTICLE III
PURPOSE
This Declaration is made to require development, improvement
and use of property in TVBC I so as to:
3.1 Protection. Protect the Owners and Occupants of
Building Sites against such use of neighboring Building Sites as
might depreciate the value of their property.
3.2 Improvements. Encourage the erection of attractive,
permanent Improvements appropriately located to insure harmonious
appearance and functions.
3.3 Parking. Assure adequate off-street parking spaces and
off-street truck loading and maneuvering facilities.
3.4 Aesthetics. Encourage the development of aesthetic
architectural and engineering design, including compatible
Landscaping, and, in general, provide a harmonious development
that will promote the general welfare of the Owners and
Occupants.
TVBC I - 1
ARTICLE IV
DEFINITIONS
In addition to the definitions contained elsewhere in this
Declaration, the following terms and words are defined for use
herein.
4.1 Building(s) shall mean and include, but not be limited
to, the main portion of a structure built for permanent use and
all projections or extensions thereof, including, but not limited
to, garages, outside platforms, docks and storage tanks, and
facilities.
4.2 Building Site shall mean a tract of real property as
determined by the legal description in a conveyance or lease from
the Declarant. If fee simple title to two (2) or more adjacent
Building Sites, as defined hereinabove, is acquired by the same
Owner, such commonly-owned Building Sites may, at the option of
said Owner, be combined and treated as a single Building Site for
the purposes of this Declaration. However, the location of any
Improvements on such combined Building Site shall be subject to
the prior written approval of the Committee.
4.3 Committee shall mean and refer to the TVBC I Control
Committee established pursuant to Article V hereof, its
successors and assigns.
4.4 Common Open Space shall mean land area exclusive of
Street rights-of-way, Buildings, parking areas, structures, and
appurtenances; except those improvements which are accessible and
available to all Owners and/or Occupants within TVBC I. The
total area of all Common Open Space shall equal or exceed ten
percent (10~) of the gross land area of TVBC I. `
9.5 Declaration or Covenants, Conditions and Restrictions
shall mean this Declaration of Covenants, Conditions and
Restrictions, together with all of the provisions contained
herein and amendments hereto.
9.6 Guidelines shall mean all development requirements set
forth herein and in the Development Guidelines, as adopted and
amended from time to time by the Committee. The terms of the
Development Guidelines are incorporated herein by reference.
9.7 Improvement(s) shall mean and include, but not be
limited to, Buildings, out Buildings, driveways, exterior
lighting, fences, Landscaping, Lawns, loading areas, parking
areas, railroad trackage, retaining walls, roadways, drainage
channels, screening walls, Signs, utilities and walkways located
on a Building Site.
4.8 Landscaping shall mean Lawn and/or vegetative ground
cover combined with shrubbery, trees, flowers, vines, earth
forms, irrigation systems, earth berms, terraces, walls, fences
and similar materials. Plantings may be complimented and
combined with other Improvements on the Building Site to present
a harmonious and attractive whole.
4.9 Lawn is a space of ground covered with turf grass, kept
neatly mowed and maintained.
TVBC I - 2
•
4.10 Occupant(s) shall meioint-venture, w partnerships or
individual, corporation,
association, which has purchased, leased, rented or has otherwise
legally acquired the right to occupy and use any Building or
Building Site, whether or not such right is exercised.
4.11 Owner(s) shall mean an entity, whetartnersh by or
individual, corporation, joint-venture, p
association, which is record Owner of any fee simple estate, or
which has an equity of redemption, in a Building Site.
4.12 Hazardous Waste or Material shall mean any hazardous or
toxic substance, material or waste which is or becomes regulated
by any local governmental authority, the State of Idaho or the
United States of America Government. The term "Hazardous Waste
or Material" includes, without limitation, any material, waste or
substance that is (i) defined as a "hazardous substance" under
any law of the State of Idaho, (ii) petroleum, (iii) asbestos,
(iv) designated as a "hazardous substance pursuant to Section
311 of the Federal Water Pollution Control Act (33 U.S.C. 1321),
(v) defined as a "hazardous waste" pursuant to 1004 of the
Federal Resource Conservation and Recovery Act, 92 U.S.C. 6901,
et sgg. (42 U.S.C. 6903), (vi) defined as a "hazardous substance"
pursuant to 101 of the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. 9601, et sea. (42
U.S.C. 9601), as amended by the Superfund Amendments and
Reauthorization Act of 1986, or (vii) defined as a "regulated
substance pursuant to subchapter IX, Solid Waste Disposal Act
(regulation of underground storage tanks), 42 U.S.C. 6991, g~
sea., as amended from time to time.
9.13 Sign shall mean any structure, device or contrivance
and all parts thereof which are erected or used for advertising,
directional or identification purposes of any poster, bill,
bulletin, printing, lettering, painting, device or other
advertising of any kind whatsoever, which is placed, posted, or
otherwise fastened or affixed to the ground and/or structures
within the boundaries of the Property.
4.14 Street shall mean any public Street or highway, whether
presently constructed, dedicated by plat map or contemplated in
the future approved by any public authority.
ARTICLE V
CONTROL COMMITTEE
5.1 Establishment and Appointment of Members. There is
hereby established a Development Control Committee (Committee)
which shall consist of three (3) regular members, appointed
initially by the Declarant. The Declarant hereby appoints the
Declarant as the Committee. So long as the Declarant owns a
minimum of f ive ( 5 ) lots in TVBC I , the Declarant shall be the
appointing authority and shall appoint all members of the
Committee and shall have the right to remove any and all members
from the Committee at any time for any reason, with or without
TVBC I - 3
•
cause. Declarant at any time may assign in writing, for a
definite or indefinite period of time, this right of appointment
and removal, of one or more of said members. When the Declarant
no longer owns five (5) or more lots in TVBC I, a majority of the
Owners shall be the appointing authority.
5.2 Term. The regular term of office of each member of
the Committee shall be one (1) year, ending December 31, or until
such member's successor has been duly appointed.
5.3 Chairman. The appointing authority shall designate one
of the appointed regular members of the Committee to be Chairman.
The Chairman shall take charge of and conduct all meetings and
shall provide for reasonable notice to each member of the
Committee prior to any meeting setting forth the place and time
of said meeting, which notice may be waived.
5.4 Voting. The affirmative vote of a majority of the
members of the Committee present at any meeting at which a quorum
is present shall constitute the action of the Committee on any
matter before it. At least two ( 2 ) members must be present in
person to constitute a quorum. The Committee may also take
action without a meeting by unanimous written consent of its
members.
5.5 Control. Except for Streets, Street lighting,
utilities, Landscaping, Signs and other Improvements installed by
the Declarant for the benefit of the Building Sites in TVBC I, no
Improvements shall be made on any Building Site or other parcel
of land until plans for such Improvements have been approved by
action of the Committee, provided that alterations or remodeling
which are completely within a Building and which do not change
the exterior appearance and are not visible from the outside, may
be undertaken without such approval. All construction shall be
in accordance with approval. All actions taken by the Committee
shall be in accordance with specific criteria as delineated in
the Declaration and the Development Guidelines.
5.6 Limitations and Effect of Actions. The approval or
consent of the Committee on matters properly coming before it
shall not be unreasonably withheld, actions taken shall not be
arbitrary, capricious or discriminatory. Decisions of the
Committee shall be conclusive and binding on all interested
parties.
5.7 Submittals and Communication. Submittal of Improvement
plans and specifications to the Committee and replies thereto
shall be made pursuant to the provisions in Article VIII of this
Declaration and the Development Guidelines.
5. 8 Certificate of Compliance. U p o n p a y m e n t o f a
reasonable fee, set from time to time by the Committee, and upon
the written request by any Owner, the Committee shall mail or
deliver within twenty (20) days from receipt of the request, a
certificate in recordable form stating whether or not the
Building Site of such Owner is in violation of any provision of
this Declaration or the Development Guidelines. Said written
statement shall be conclusive evidence of the facts stated
therein in favor of the persons who rely thereon in good faith.
TVBC I - 4
If the Committee fails to mail or deliver such statement within
twenty (20) days, it shall be conclusively presumed that the
Building Site is in conformance with this Declaration and the
Development Guidelines as of the date of receipt of such request.
5.9 Liability of Committee. Neither the Declarant, the
members of the Committee, or their officers, directors, agents,
representatives, successors, or assigns, shall be liable in
damages to any person or entity submitting plans and
specifications for approval, or to any Owner or Occupant of any
Building Site affected by this Declaration or the Development
Guidelines by reason of mistake in judgment, negligence or
nonfeasance arising out of or in connection with the approval
process. Every person or entity agrees, by submission of such
plans and specifications, and every Owner and Occupant of any
Building Site within TVBC I agrees, by acquiring title thereto or
an interest therein, or by assuming possession thereof, that such
Owner or Occupant will not bring any action or suit against the
Declarant, the members of the Committee, or their officers,
directors, agents or representatives, to recover any such damage.
ARTICLE VI
LAND USE
6.1 Building Sites. Building Sites within TVBC I shall
be used for high quality commercial, office and industrial
purposes which are consistent with and authorized by applicable
zoning and other governmental land use statutes, ordinances and
regulations, and shall contribute to the implementation of and be
consistent with the statement of purpose set forth in Article III
of this Declaration.
6.2 Service Facilities. The foregoing shall not, however,
prevent the Declarant from constructing, owning, operating,
leasing or conveying real property within TVBC I for service
facilities consistent with the purposes of this Declaration.
6.3 Land Division. Except with respect to land owned by
the Declarant, no Building Site may be divided, subdivided or a
fractional portion thereof sold or conveyed so as to be held in
divided ownership, and no Building Site or parcel of land may be
combined with any other Building Site without the prior written
consent of the Committee. In connection with the consideration
of a request by an Owner for consent to one of the above, the
Committee may request such reasonable information as it deems
necessary or desirable. After receipt of such information, the
provisions for response and for challenge contained in Subsection
8.1, shall be applicable.
ARTICLE VII
DEVELOPMENT REQUIREMENTS
The following requirements, together with the Development
TVBC I - 5
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Guidelines, shall apply to the development and improvement of
each Building Site and shall constitute restrictions on the
property in TVBC I.
7.1 Site Related Requirements.
7.1.1 Required Setbacks. All Buildings shall be setback the
following minimum distances:
A. From property lines abutting Fairview Avenue:
fifty (50) feet.
B. From property lines abutting Eagle Road: fifty
(50) feet.
C. From property lines abutting Hickory Avenue:
forty (40) feet.
D. From property lines abutting Jewel Avenue:
thirty-five (35) feet.
E. From property lines abutting Olive Avenue:
thirty-five (35) feet.
F. From property lines not fronting on a Street: as
may be set forth in the Development Guidelines.
Subject to the approval of the Committee, underground
Improvements such as storage tanks or vaults may be placed
within the setback areas. Setback requirements set forth in
this Section shall not be applied to railroad trackage and
appurtenances.
7.1.2 Screening of Service Facilities and Storage Areas.
Garbage and refuse containers shall be contained within
Building(s) or other enclosed structures, or shall be
concealed by means of shrubbery or solid screening walls or
fences of no less than four (9) feet in height of material
similar to and compatible with that of the Building. Fuel
and other storage tanks and bins shall be installed
underground wherever practicable or screened from public
view. Such Improvements shall be integrated into the
Building and Site plans and designed so as not to attract
attention and shall be inconspicuously located. Unless
specifically approved in writing by the Committee for
display and similar purposes, no materials, supplies, or
equipment shall be stored in any area on a Building Site
except inside a closed Building, or behind a visual barrier
which screens such areas so they are not visible from
neighboring Building Sites or Streets. The materials used
for said screening barriers shall be in type and must be
similar to and compatible with those materials used on the
Building.
7.1.3 Exterior Lighting. All exterior and security lighting
shall have underground service, and shall be designed,
erected, altered and maintained by the Owner and/or Occupant
and shall be approved in writing by the Committee, and shall
comply with any applicable Development Guidelines to the end
that lighting shall be compatible and harmonious throughout
TVBC I.
7.1.4 Fences and Wa11s. Fences and walls shall comply with
applicable governmental regulations and the Development
TVBC I - 6
Guidelines.
7.1.5 Drainage. The Owner of each Building Site shall submit
to the Committee, a drainage plan in conjunction with
Building and Site plans. The drainage plan shall be
certified by a licensed engineer qualified in drainage
design. All elements of drainage design and Improvements
shall conform with applicable regulations of Ada County
Highway District, Meridian City, Settlers Irrigation
District, Nampa-Irrigation District and the Development
Guidelines.
7.2 Building Related Requirements.
7.2.1 Temporary Structures. No temporary Building or other
temporary structures shall be permitted on any Building
Site. However, construction trailers, temporary Buildings,
equipment, materials and the like shall be permitted for
construction purposes during the construction period of a
permanent Building. Sueh structures shall be removed not
later than thirty (30) days after the date of substantial
completion for beneficial occupancy of the Building(s) in
connection with which the temporary structure was used.
7.2.2 Exterior Materials, Colors. Architecturally and
aesthetically suitable Building materials shall be applied
to or used on all sides of a Building which are visible to
the general public and shall be harmonious and compatible
with colors of the natural surroundings and other adjacent
Buildings.
7.2.3 Utilities - Mechanical Equipment - Roof Projections.
A. All utilities, including electrical, water,
sanitary sewer, storm drainage, gas and telephone,
shall be underground. Pad-mounted transformers,
switchgear and similar equipment which must be
installed above ground line shall be screened with
suitable Landscaping consistent with safety and other
regulations of any regulatory agency.
B. All mechanical equipment shall be located or
screened so as not to be visible to the general public
from Streets, or from the front view of other Building
Sites. Mechanical equipment screening walls shall be
of design and materials compatible with those of the
Building. Antennae shall be visually masked to the
extent practicable and consistent with electromagnetic
considerations.
7.2.4 Multiple Buildings. Building construction and spacing
of multiple Buildings on a single Building Site shall
conform to any applicable provisions of the codes and
ordinances of Meridian City and Ada County.
7.3 Landscaping Requirements. Each Owner or Occupant
within TVBC I, shall be responsible for the construction,
installation and maintenance of functional and aesthetically
suitable Landscaping on the Building Site in accordance with
State and local governmental requirements. Such Landscaping
shall be subject to the Development Guidelines and shall be
TVBC I - 7
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installed only after Landscaping Plans therefor have been
submitted to and approved by the Committee.
7.3.1 Time of Installation. Approved Landscaping as
required in the Development Guidelines shall be installed
within six (6) months of issuance of a certificate of
occupancy for the Building, weather permitting. If Owner
And/or Occupant fails to undertake or complete required
Landscaping prior to the end of the prescribed six (6) month
period, the Committee may take remedial steps as provided in
Article X of this Declaration.
7.4 Signs.
7.4.1 The location, type, size, design and material of all
Signs shall be approved in writing by the Committee as well
as conform to the Development Guidelines.
7.5 Easement Areas. Within the easement areas reserved
on the plat of TVBC i, no structure or planting or other
Improvements shall be placed or permitted to remain which may
damage or interfere with the installation, operation or
maintenance of utilities for which the easement was intended.
7.6 Open Space. All Open Area delineated or approved as
Common Open Space shall equal or exceed ten percent (10~) of the
gross land area of TVBC I, and shall be landscaped in accordance
with the Development Guidelines.
7.7 Pollutants. No trades, services or activities shall
be conducted on Buildings Sites within TVBC i, nor shall anything
else be done thereon which may be or become an annoyance or
nuisance to the Owners or Occupants of adjacent properties by
reason of unsightliness, excessive emission of fumes, odors,
glare, vibration, gases, radiation, electrical disturbance, fire
hazard, dust, liquid wastes, smoke, debris, water pollution, air
pollution or noise, except as may be permitted in accordance with
the Zoning Ordinances of Meridian City. This is intended to be a
non-exclusive list of potential pollutants.
7.8 Hazardous Waste and Material - Indemnity.
7.8.1 Covenants. The Owner and Occupant shall at all
times comply with the applicable local, state and federal
laws, ordinances and regulations relating to Hazardous
Substances. The Owner and Occupant shall at their own
expense maintain in effect any permits, licenses or other
governmental approvals, if any, required for Owner's and
Occupant's use of the Building Site or Building. The Owner
and Occupant shall make all disclosures required of the
Owner and Occupant by any such laws, ordinances and
regulations, and shall comply with all orders, with respect
to Owner and Occupant's use of the Building Site or
Building, issued by any governmental authority.
7.8.2 Notices. If at any time the Owner and Occupant shall
become aware, or have reasonable cause to believe, that any
Hazardous Substance has been released or has otherwise come
to be located on or beneath the Building Site or Building,
such party shall give written notice of that condition to
the Committee. The Owner and Occupant shall immediately
TVBC I - 8
•
notify the Committee in writing of (i) any enforcement,
cleanup, removal, or other governmental or regulatory action
instituted, completed, or threatened pursuant to any
Hazardous Substance laws, (11) any claim made or threatened
by any person against the Owner or Occupant, Declarant, the
Committee, the Building Site, Building, or TVBC I arising
out of or resulting from any Hazardous Substances, and (iii)
any reports made to any local, state, or federal
environmental agency arising out of or in connection with
any Hazardous Substance.
7.6.3 Indemnity. The Owner and Occupant, jointly and
severally, shall indemnify, defend, protect, and hold
harmless the Declarant and the Committee and each of their
directors, officers, employees, agents, attorneys,
successors, and assigns, from and against any and all
claims, liabilities, penalties, fines, judgments,
forfeitures, losses, costs or expenses (including attorney's
fees, consultants' fees and expert fees) for the death of or
injury to any person or damage to any property whatsoever,
arising from or caused in whole or 'in part, directly or
indirectly, by the presence in, on, under, or about the
Building Site or Building or any discharge or release in or
from the Building Site or Building, of any Hazardous
Substance. The indemnity obligation created hereunder shall
include, without limitation, and whether foreseeable or
unforeseeable, any and all costs incurred in connection with
any Site investigation, and any and all costs for repair,
cleanup, detoxification or decontamination, or other
remedial action of the Building Site or Building. The
obligations of the parties hereunder shall survive the
expiration or earlier termination of this Declaration, and
any extensions thereof.
7.9 Variation from Declarant and Guidelines. The
Declarant, or any Owner or prospective Owner, may apply to the
Committee for a variance in the development requirements set
forth in this Article VII, for purposes of the development and
improvement of a particular Building Site. The Committee may
grant or deny such application for a change or a variance,
subject to the following conditions.
7.9.1 The change or variance sought must be reasonable and
not impose a hardship on adjoining Building Sites.
7.9.2 The Committee shall comply with its own rules and
regulations, adopted with respect to changes in, or variance
from the development requirements and the Development
Guidelines.
ARTICLE VIII
APPROVAL OF PLANS AND SPECIFICATIONS
8.1 Procedure and Controls. No Improvement shall be
commenced erected or maintained upon any Building Site, nor shall
TVBC I - 9
•
any exterior addition to or change or alteration therein be made,
until the plans and specifications have been submitted to the
Committee in accordance with the Development Guidelines and
approved in writing by the Committee. in the event said
Committee fails to approve or disapprove such plan and
specifications within thirty (30) days after said plans and
specifications have been submitted to it in such form as may be
required by the Committee in accordance with the Development
Guidelines, the Applicant may deliver to the Committee within
five (5) days after the expiration of the thirty (30) day period
a notice of non-action. Should the Committee fail to respond to
the notice of non-action within five (5) days of receipt of this
notice, the Applicant may consider all plans and spec ificatione
approved, except in the case of a variance request. If any
variance to either the Declaration or the Development Guidelines
is desired, the request for a variance will be considered
disapproved. No initial construction of or exterior alteration
of any improvements may be commenced without written approval of
the Declarant or the Committee of the plans for such construction
or alteration. All references to days shall mean working days.
8.2 Rules and Regulations. The Committee is hereby
empowered to adopt rules and regulations to govern its
procedures, including such rules as the Committee may deem
appropriate and in keeping with the spirit of due process of law
with regard to the right of concerned parties due to be heard on
any matter before the Committee. The Committee is further hereby
empowered to adopt such rules and regulations as it shall deem
appropriate and consistent with the provisions of this
Declaration, with regard to matters subject to the Committee's
approval, including matters of design, materials and aesthetic
interest. Such rules and regulations, after adoption, shall be
of the same force and effect as if set forth in full herein or in
the Development Guidelines.
8.3 Fees. The Committee may establish, by its adopted
rules and regulations, a fee schedule for a Development Approval
fee to be paid by each Owner submitting plans and specifications
to the Committee for approval. No submission for approval shall
be considered complete until such Fee has been paid. Such Fee
shall not exceed such reasonable amount as may be required to
reimburse the Committee for the costs of professional review of
submittals, and in any event shall not exceed the sum of Five
Hundred Dollars ($500.00) per submittal.
8.4 Submittals. All submissions for development
approval shall be in duplicate originals and addressed or
delivered to:
Gemtone, Inc.
c/o Thomas T. Wright Company
P. O. Box 2727
1412 West Idaho, Suite 207
Boise, ID 83701
Attn: Thomas T. Wright
TVBC I - 10
or any such address as the Declarant shall hereafter designate in
writing by notices addressed to the Owners and Occupants
Applications to the Committee shall be addressed to such address
as the Committee may designate by written notice to Owners and
Occupants, which address may be changed by written notice to
Owners and Occupants.
8.4.1 The Declarant, the Committee and their directors,
officers, employees or agents shall not be liable to any
Owner or Occupant or to anyone submitting plans for
approval or to any other party by reason of a mistake in
judgment, negligence or nonfeasance arising out of or in
connection with the approval, disapproval or failure to
approve or disapprove any such plane.
8.4.2 Upon receipt of plan approval, the Owner or Occupant
shall diligently proceed with the approved alteration or
development. If the work on the approved construction is
not commenced within one (1) year from the date of approval,
then the approval shall automatically expire. Upon the
showing of hardship or cause by the Owner, the Committee
may, in writing, extend the one (1) year time period.
8.9.3 Approval of plans by the Declarant or the Committee may
be secured prior to the acquisition of a Building Site
pursuant to the terms of a sale contract.
8.4.4 The issuance of a Building permit or a license which
may be in contravention of the provisions of this
Declaration shall not prevent the Declarant or the
Committee from enforcing those provisions.
8.5 Variances. The Committee may grant variances to the
provisions of this Declaration and the Development Guidelines due
to extraordinary or exceptional situations. No variance granted
by the Committee shall be deemed to be a variance from any
applicable law of the City of Meridian or any other governmental
agency with jurisdiction. The granting of a variance by the
Committee shall not be deemed as a waiver to any provision of
this Declaration or of the Development Guidelines beyond the
particular situation for which the variance is granted.
ARTICLE IX
MAINTENANCE
9.1 Owner Responsibility. Each Owner and Occupant shall
be responsible for keeping the Building Site (whether or not
improved), Buildings, and other improvements, including Lawn and
Landscaping, maintained in a safe, clean, neat and orderly
condition and shall prevent rubbish, dunnage, replaced equipment
or machinery and the like from accumulating on the Building Site.
9.2 Track and Streets. Such maintenance shall include all
spur and lead track areas and track areas within Building Sites
and all Streets adjacent to each Building Site that are not
maintained by local, county or state governments.
TVBC I - 11
•
9.3 Failure to Comply. in the event the Owner or Occupant
fails to comply with the above maintenance provisions of this
Declaration and theweven P f nt said epwner~ ore Occupant eofatsuch
sole discretion, y Y
noncompliance in writing, detailing any and all work which must
be performed by said Owner or Occupant to bring said Building or
Building Site into compliance with this Declaration and the
Development Guidelines. If said Owner or Occupant fails to
perform such work within thirty (30) days after receipt of notice
of noncompliance, then, and in that event, the Committee, may
perform any and all necessary maintenance work detailed in the
noncompliance notice and submit all costs and expenses therefore
to said Owner or Occupant for prompt payment. If said Owner or
Occupant fails to reimburse the Committee for such maintenance
work within thirty (30) days after rendition of a bill therefor
to said Owner, the. Committee may collect all such costs and
expenses throuyh any appropriate proceeding at law or in equity
or may file against the property of said Owner or Occupant a real
property lien in an adequate amount to cover all costs and
expenses incurred by the Committee in connection with said
maintenance work, and foreclose said lien, in like manner, as a
mortgage on real property under Idaho law.
ARTICLE X
ENFORCEMENT
10.1 Forbearance. Enforcement of the provisions of this
Declaration and the Development Guidelines shall be by any
appropriate proceeding at law or in equity against any person,
corporation or other entity violating or attempting to violate
such provisions, either to restrain such violation, to enforce
liability, or to recover damages, or by any appropriate
proceeding at law or in equity against the land to enforce any
lien or charge arising by virtue thereof. The Declarant or the
Committee, shall not be liable for enforcement or for failure to
enforce said provisions, and failure of the Committee, or any
Owner or Occupant to enforce any of the provisions of this
Declaration and Development Guidelines shall in no event be
deemed a waiver of the right to do so.
10.2 Nuisance. The result of every acfion or omission
whereby any restriction or covenant herein contained is violated
in whole or in part is hereby declared to be and to constitute a
nuisance, and every remedy allowed by law or equity against an
Owner or Occupant creating or allowing a nuisance shall be
applicable against every such result and may be exercised by the
Declarant or by any Owner or Occupant.
10.3 Attorneys' Fees. In any legal or equitable
proceeding for the enforcement or to restrain the violation of
this Declaration, or any provision hereof, the party or parties
judged to be in violation shall pay the attorneys' fees of the
prevailing party or parties, in such amount as may be fixed by
TVBC I - 12
the court in such proceeding. All remedies provided herein or
the law or in equity shall be cumulative and not exclusive.
10.4 Inspection. After reasonable notice to the Owner,
the Declarant reasonablee hour Dort hoursmmenter and finspect a any
time at any
Declaration and Development Guidel nestain compliance with this
ARTICLE XI
NOTICE TO BE GIVEN BY OWNERS
Any Owner of a Building Site who shall transfer to anjoint
entity, whether such entity be an individu~itle,rpintere t in or
venture, partnership or association, any ortions thereof,
right of occupancy to such Building Site or p
shall give written notice to the Committee and actual notice of
the requirements of this Declaration or the Development
Guidelines.
ARTICLE XII
CONFLICTS
Zoning ordinances, building codes, fire codes, and
regulations, and any other governmental restrictions and
requirements applicable to Building Sites in TVBC I, shall be
observed. In the event of any conflict between this Declaration
and the Development Guidelines and any such governmental codes,
regulations, restrictions and requirements, the more restrictive
standards shall apply. Any approval of the Committee required in
this Declaration does not in any way relieve Owners and Occupants
from obtaining approvals required by any governmental body having
jurisdiction.
ARTICLE RIII
MORTGAGES, DEEDS OF TRUST
Breach of any provision of this Declaration and the
Development Guidelines shall not defeat or render invalid the
lien of any mortgage or deed of trust made in good faith and for
value within TVBC I, but said provisions shall be binding upon
and effective against any Owner of said premises whose title
thereto is acquired by foreclosure, trustee's sale or otherwise.
ARTICLE RIV
SEVERABILITY
Invalidation of any one or more of the provisions of this
Declaration and the Development Guidelines by judgment or court
TVBC I - 13
order shall in no way affect any of the remaining provisions,
which shall remain in full force and effect.
ARTICLE XV
LIMITATION ON LIABILITY
The Declarant and the Committee, shall exercise their own
judgment to insure compliance with the provisions of this
Declaration and the Development Guidelines. The Declarant and
the Committee, and their officers, directors, employees and
agents, shall not be liable to any Owner or Occupant to any other
party by reason of a mistake in judgment, negligence or non-
enforcement of any of the provisions of this Declaration and
Development Guidelines.
ARTICLE RVI
DURATION, MODIFICATION AND TERMINATION
16.1 Duration. The Covenants, Conditions and Restrictions
set forth in this Declaration shall run with and bind the land
within TVBC I, and shall remain in effect, and shall inure to the
benefit of and be enforceable by the Declarant, the Owners, the
Occupants, and the Committee for a term of fifty (50) years from
the date this Declaration ie recorded. The provisions of this
Declaration shall automatically extend for consecutive periods of
ten (10) years each, unless at any time after the commencement of
an extension period, Declarant (so long as the Declarant owns any
real property or any interest therein in part of TVBC I), or the
Owners by a two-thirds (2/3) vote (if the Declarant no longer
owns any such interest,) execute and record a termination
agreement terminating the provisions of this Declaration.
16.2 Modification, Termination. This Declaration may be
amended or terminated by the Declarant so long as the Declarant
owns a minimum of five (5) lots in TVBC I, and then by a three-
quarters (3/4) vote of the Owners. Amendments to or terminating
of this Declaration shall be by an instrument in writing,
properly executed, acknowledged and recorded with the Ada County
Recorder.
16.3 Owner s Rights. No amendment, interpretation, or
enforcement of this Declaration and the Development Guidelines
and no approval given hereunder shall adversely affect any
Owner's rights to use said Owner's Building Site for purposes
consistent with this Declaration.
TVBC I - 14
IN WITNESS WHEREOF, the Declarant
to be signed by its duly authorized
seal to be affixed hereto on the date
has caused this instrument
officers and its corporate
first above written.
GEMTONE, INC.
BY.
ATTEST:
Thomas T. Wright
Secretary
STATE OF IDAHO)
)SS.
County of Ada)
Eugene D. He
President
On this day of 1991, before me, the
undersigned, a notary public in and for said State, personally
appeared EUGENE D. NEIL and THOMAS T. WRIGHT, known to me to be
the President and Secretary of GEMTONE, INC., an Idaho
corporation, and, known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that
they executed the same on behalf of the Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal, the day and year in this certificate
first above-written.
Notary Public for Idaho
Residing at Boise, Idaho
My Commission expires:
TVBC I - 15
TREASURE VALLEY BUSINESS CENTER - PHASE I
DEVELOPMENT GUIDELINES
INTRODUCTION
The guidelines as set forth in this document are for the use
of both Gemtone, Inc. (the "Declarant") and Site Owner(s) and
Occupant(s). The purpose of these Development Guidelines is to
inform Owners of the standards that have been set by Treasure
Valley Business Center - Phase I(TVBC I) Control Committee
("Committee") and to facilitate approval by the Control Committee
of proposed construction. Each Owner and Owner's agent and
Occupant is advised to read them in full.
It is our intent that the Guidelines follow the general
statements in the Declaration of Covenants, Conditions and
Restrictions ("Declaration") for TVBC I. The definitions
contained in Article iV of the Declaration apply to these
Guidelines and are incorporated herein. To the extent that these
Guidelines may be inconsistent with the Declaration, the
Declaration shall govern.
1. SUBMITTALS FOR DEVELOPMENT APPROVAL
1.1 Procedure and Control. No Improvement shall be
commenced, erected or maintained upon any Building
Site, nor shall any exterior addition to or change or
alteration therein be made, until the plans and
specifications have been submitted to the Committee in
accordance with the Development Guidelines and approved
in writing by the Committee. In the event said
Committee fails to approve or disapprove such plan and
specifications within twenty (20) days after said plane
and specifications have been submitted to it in such
form as may be required by the Committee in accordance
with the Development Guidelines, the Applicant may
deliver to the Committee within five (5) days after the
expiration of the twenty (20) day period a notice of
non-action. Should the Committee fail to respond to
the notice of non-action within five (5) days of
TVBC i Guidelines - Page 1
receipt of this notice, the Applicant may consider all
plans and specifications approved, except in the case
of a variance request. If any variance to either the
Declaration or the Development Guidelines is desired,
the request for a variance will be considered
disapproved. No initial construction of or exterior
alteration of any improvements may be commenced without
written approval by the Committee of the plans for such
construction or alteration. All references to days
shall mean working days.
1.2 Variances. The Committee may grant variances to the
provisions of this Declaration and/or the Development
Guidelines due to extraordinary or exceptional
situations. No variance granted by the Committee shall
be deemed to be a variance from any applicable law of
the City of Meridian or any other governmental agency
with jurisdiction. The granting of a variance by the
Committee shall not be deemed as a waiver to any
provision of this Declaration or the Development
Guidelines beyond the particular situation for which
the variance is granted.
2. APPLICATION REQUIREMENTS
2.1 Application for Development Approval. All plans and
specifications submitted for approval must be
accompanied by a completed Application for Development
Approval in the form established by the Committee (see
Appendix "A").
2.2 Site Plan. Complete Building Site plan showing the
exterior perimeter of the Building Site, proposed
location of all structures, parking areas, utilities,
loading areas, trackage, driveways, walkways, signs,
easements, setbacks, storage, landscaping, trash areas,
storage tanks and a Building Site Landscaping plan.
2.3 Architectural Plan. Complete set of architectural plans
and elevations showing building elevations, ground
TVBC I Guidelines - Page 2
•
floor plans with finished floor elevations, building
materials and colors, brief description of mechanical,
electric and structural systems, including the
treatment of screening of all mechanical equipment and
mechanical screen details, elevations, etc., and
exterior site lighting (including fixture selection).
2.4 Site Engineering Plan. Complete engineering plans
showing surface draining and grading, utility
connections, above grade utilities and appurtenances,
protection means, methods and devices to protect
existing pavements, curbs, landscaping and other
existing improvement, exterior lighting including the
signage, sign messages including all graphics, copy
and layout.
2.5 Physical Inspection. Statement of a date when the
Committee can make a physical on-site inspection for
the purpose of viewing and approving the layout of the
proposed structure of the Building Site.
2.6 Operation. A description of the proposed operation
discussing the extent of any noise, odor, glare,
vibration, smoke, dust, gases, hazard, erosion,
hazardous waste or material, or liquid wastes, etc.,
that may be created.
2.7 Use. A description of the proposed uses of the
Building Site and any accessory uses and a comment on
their suitability under the provisions of the
Declaration and the Meridian City Codes and Zoning
ordinances.
2.8 Other. Any other information which may be
reasonably required by the Committee in order to ensure
compliance with the requirements contained herein.
2.9 Fee. Payment of the Development Review Fee as outlined
in this document.
2. APPROVALS
In the event the approval needs to be altered or
TVBC I Guidelines - Page 3
modified, the Owner shall submit a revised "Application for
Development Approval" indicating the proposed changes from
the approved plan. Said Application will be reviewed and
the Application approved or disapproved in the same manner
as the original Application for Development Approval.
3. DEVELOPMENT REVIEW FEE
A Development Review Fee may be charged by the
Committee for Application for Development. The Control
Committee may retain an architect or other consultant to
review the Application.
4. COMMITTEE
All submissions and inquiries to the Committee shall be
addressed to the Development Approval Committee at Treasure
Valley Business Center - Phase I, Attn: Thomas T. Wright,
P. O. Box 2727, 1412 W. Idaho, Suite 207, Boise, Idaho
83701. Telephone inquiries should be directed to Thomas T.
Wright, (208) 343-4000.
5. GENERAL CONSTRUCTION AND DESIGN GUIDELINES
5.1 Excavation. All Building Sites are to be cleared and
excavated in a workmanlike manner with consideration
for surrounding Building Site Owners and Occupants.
All dirt and debris not to be used in construction are
to be removed from TVBC i or stockpiled in an assigned
location agreed upon by the Committee and the Owner.
The Owner and the Owner's agents shall be responsible
for repairs of any damage which may occur during
excavation to sidewalks, streets, utilities or other
on-Site or off-Site improvements.
5.2 Construction Buildings. No buildings or structures are
to be erected on any Building Site for the purpose of a
temporary construction shelter or storage of
construction materials.
5.3 Building Height. Building heights will be controlled
by the Committee to prevent the adverse impact that
might be imposed on sensitive areas of air and light
TVBC I Guidelines - Page 4
requirements of other Building Sites.
5.9 General Damages. Owners and their agents shall
inspect all on-Site improvements prior to commencement
of construction and report any problems to the
Committee. Unless otherwise notified prior to
commencement of construction, all on-Site improvements
shall be considered in good repair and all damages
occurring during construction will be the
responsibility of the Owner and the Owner's agents.
Said repairs shall be made immediately upon
occurrence.
5.5 Driveways. Driveway cuts onto streets shall be
approved by the Committee and in accordance with state
and local highway rules and regulations.
5.6 Fences. Fences shall comply with applicable
governmental regulations and the rules and regulations
of the Committee. No fence shall exceed eight (8)
feet in height. Fences may be erected within the
required setback areas; provided they comply with all
governmental codes, ordinances or regulation and the
Owner obtains prior approval of the Committee. Any
fence visible from a Street shall be constructed of
materials similar to or compatible with those materials
used in the Building. Chain link fences are
discouraged but, upon a proper showing of need and
compatibility, may be allowed upon Committee approval.
5.7 Drainage. TVBC I has been designed implementing an
open drainage system utilizing ewalea instead of
underground pipes to convey surface water away from
Streets and lots. Building Site drainage Improvements
shall be designed so ae to limit surface water
discharge from a Building Site to a rate not to exceed
the discharge resulting from a twenty-five (25) year
storm under pre-development (natural) conditions.
5.8 Landscaping. The Owner shall construct and maintain
TVBC I Guidelines - Page 5
suitable Landscaping in accordance with its Landscaping
Plan and any applicable state or local governmental
requirements. All Open Space as defined in the.
Declaration shall be suitably Landscaped.
5.8.1 All ground surfaces in TVBC I shall be
covered with a vegetative cover growth or
other ground treatment capable of preventing
soil erosion under normal surface runoff
conditions.
5.8.2 Common Open Space shall be suitably improved
by its intended use, except that common space
containing natural features worthy of
preservation may be left unimproved.
Structures and Improvements to be located in
or adjacent to the Common Open Space shall
serve to enhance the amenities of the common
space and have regard for the topography and
natural features of the Common Open Space.
5.9 Irrigation Facilities and Drainage Systems,
Natural Streams, and Drainageways. M o d i f i c a t i o n o f
existing drainage systems, as well as natural streams
and drainageways, shall be minimized, and shall not
materially alter the natural or existing configuration
or impair the normal operation thereof.
5.10 Signs. Only the following Signs are allowed:
5.10.1 Public necessity Signs identifying
danger or hazard on or near the Building
Site or Building.
5.10.2 Property Signs offering the property for
sale or lease, or announcing
contemplated Improvements.
5.10.3 On-premise business Signs directing
attention to a use, product or service
conducted on .the Building Site on which
the Sign is located.
TVBC I Guidelines - Page 6
5.10.4 Identification Signs indicating the
nature of Buildings or uses other than
commercial or industrial.
5.10.5 Service Signs giving information to
public such as directions to parking
facilities.
5.10.6 Other Signs as may be approved by the
Committee.
5.10.7 Where a Building Site is owned or
occupied by more than one business
entity, business identification Signs
must be standardized. The Owner shall
submit selected standards for approval.
5.10.8 All Signs must conform to local
ordinances.
5.11 Utilities.
5.11.1 All utilities, including electrical,
water, sanitary sewer, storm drainage,
gas and telephone, shall be underground.
Pad-mounted transformers, switchgear and
similar equipment which must be
installed above ground line shall be
screened with suitable Landscaping
consistent with safety and other
regulations of any regulatory agency.
5.11.2 All mechanical equipment shall be
located or screened so as not to be
visible to the general public from
Streets, or from the front view of other
Building Sites. Mechanical equipment
screening walls shall be of design and
materials compatible with those of the
Building. Antennae shall be visually
masked to the extent practicable and
consistent with electromagnetic
TVBC I Guidelines - Page 7
..
considerations.
5.12 Screening. While no specific form or minimum
amount of Landscaping is required for lots and
Open Space, a Landscaping Plan must be approved as
a part of the Development Approval Application.
5.12.1 Screening of off-street parking,
loading, and waste storage areas shall
be required.
5.12.2 On corner lots, the side yard shall be
treated the same ae front yards and
landscaped accordingly.
5.12.3 Approved Landscaping as required in
these Development Guidelines shall be
installed within six (6) months of
issuance of a certificate of occupancy
for the Building, weather permitting.
If Owner and/or Occupant fails to
undertake or complete required
Landscaping prior to the end of the
prescribed six (6) month period, the
Committee may take remedial steps as
provided in Article X of the
Declaration.
6. JOB SITE MAINTENANCE
6.1 Construction Maintenance. Job Sites are to be kept
as clean as possible during construction. All dirt,
nails, gravel and other building materials must be
promptly removed from streets and sidewalks. No
materials are allowed to be kept on adjoining Building
Sites. Street and curbs shall be protected at all
times. All construction sites must be free of
materials and debris prior to each weekend. Dumpstera
are the responsibility of the builder/Owner and shall
be located as designated by the Committee. Said
facilities are to be kept orderly at all times and
TVBC I Guidelines - Page 8
emptied or serviced on a timely basis.
6.2 Each Owner and Occupant shall be responsible for
keeping the Building Site (whether or not improved),
Buildings and other Improvements, including Lawn and
Landscaping, maintained in a safe, clean, neat and
orderly condition and shall prevent rubbish, dunnage,
replaced equipment or machinery and the like from
accumulating on the Building Site.
7. AGENTS OF OWNERS
All obligations of the Owner under these Guidelines shall be
binding upon the agents of the Owner, including without
limitation, all architects, developers, engineers,
contractors, subcontractors, and other persons or entities
representing the Owner in the development of the Building
Site.
The undersigned acknowledges that it has reviewed the above-
Guidelines and agrees to be bound thereby.
Dated this day of 19_
Owner:
Address:
[Street Address)
Lot(s)
Block
TVBC-I
TvBC I Guidelines - Page 9
AGREEMENT
THIS AGREEMENT IS Made and entered into this day of
199_, by and between GEMTONE, INC. ("Gemtone"),
and YELLOW FREIGHT SYSTEMS, INC. ("Yellow Freight").
WITNESSETH:
WHEREAS, Yellow Freight is the Owner of Lot 3, 4, and 5,
Block 3, in the Treasure Valley Business Center - Phase i, and
WHEREAS, Gemtone is the Declarant in a certain Declaration
of Covenants, Conditions, and Restrictions of Treasure Valley
Business Center - Phase I, recorded as Instrument No. ,
records of Ada County, Idaho.
NOW, THEREFORE, as partial consideratin under that certain
Pruchase and Sale Agreement entered into on 199_,
and the sum of One and No Hundreds Dollar ($1.00) paid by Gemtone
to Yellow freight, the parties agree that Yellow Freight has
received, read, understands and agrees to abide by the
Declaration of Covenants, Conditions and Restrictions of
Treasure Valley Business Center - Phase I.
IN WITNESS WHEREOF, the parties have hereunto set their
hands, the day and year first above-written.
GEMTONE, INC.
ATTEST:
ATTEST:
BY.
YELLOW FREIGHT SYSTEMS, INC.
BY.
AGREEMENT - Page 1
•
STATE OF IDAHO)
)ss.
County of Ada )
On this day of 199_, before me, the
undersigned, a notary public in and for said State, personally
appeared and the President and
Secretary of GEMTONE, INC., and known to me to be the persons
whose names are subscribed to the within instrument and
acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal, the day and year in this certificate
first above-written.
Notary Public for Idaho
Residing at Boise, Idaho
My Commission expires:
STATE OF IDAHO)
)ss.
County of Ada )
On this day of , 199_
undersigned, a notary public in and for said
appeared and ,
Secretary of YELLOW FREIGHT SYSTEMS, INC., and
the persons whose names are subscribed to the
and acknowledged to me that they executed the s
_, before me, the
State, personally
the President and
known to me to be
within instrument
ame.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal, the day and year in this certificate
first above-written.
Notary Public for Idaho
Residing at Boise, Idaho
My Commission expires:
AGREEMENT - Page 2
AGREEMENT
THIS AGREEMENT IS Made and entered into this day of
199_, by and between GEMTONE, INC. ("Gemtone•),
and INTERMOUNTAIN FARMERS ASSOCIATION ("Intermountain").
WITNESSETH:
WHEREAS, Intermountain is the Owner of Lot 4, Block 1, in
the Treasure Valley Business Center - Phase I, and
WHEREAS, Gentone is the Declarant in a certain Declaration
of Covenants, Conditions, and Restrictions of Treasure Valley
Business Center - Phase Z, recorded as Instrument No. ,
records of Ada County, Idaho.
NOW, THEREFORE, as partial consideratin under that certain
Pruchase and Sale Agreement entered iato on 199_,
and the sum of One and No Hundreds Dollar ($1.00) paid by Gemtone
to Intermountain, the parties agree that Intermountain has
received, read, understands and agrees to abide by the
Declaration of Covenants, Conditions and Restrictions of
Treasure Valley Business Center - Phase I.
IN WITNESS WHEREOF, the parties have hereunto set their
hands, the day and year first above-written.
GEMTONE, INC.
ATTEST:
ATTEST:
By
INTERMOUNTAIN FARMERS ASSOCIATION
By
AGREEMENT - Page 1
STATE OF IDAHO)
)ss.
County of Ada )
On this day of 199_, before me, the
undersigned, a notary public in and for said State, personally
appeared and the President and
Secretary of GEMTONE, INC., and known to me to be the persons
whose names are subscribed to the within instrument and
acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal, the day and year in this certificate
first above-written.
Notary Public for Idaho
Residing at Boise, Idaho
My Commission expires:
STATE OF IDAHO)
)ss.
County of Ada )
On this day of 199_, before me, the
undersigned, a notary public in and for said State, personally
appeared and the President and
Secretary of INTERMOUNTAIN FARMERS ASSOCIATION, and known to me
to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal, the day and year in this certificate
first above-written.
Notary Public for Idaho
Residing at Boise; Idaho
My Commission expires:
AGREEMENT - Page 2
Treasure Valley Business Center - Phase I
Development Approval Application
RE: Project Address
a/k/a Lot Block 'I~rcasurc Valley [3usincss Center -chase I
Telephone
Applirnm
Address
Project Contact (individual ,vith Imtg-term responsibility for the pmjecQ
Telephone Address
Owner Qf other than Applicant) Telephone
Address
Project Architect/Designer Telephone
Project General Contractor Telephone
Total Site Number a( Total Paved
Landscnpc Arca sq ft. Parking Stalls Parking Area sq.R.
Total
fiuilding(s) Arca sq.ft. Ouilding(s) Height ft. Total Sitc Area sq.R.
Total Site Coverage "o Open Arca °,'o Res•icw Pce
Pmposcd use:
(include informmion nn any measures taken to mitigate adverse effects of arty industrial/commercial process)
Number n( F..mployccs (atrrcnt/pmjcctcd)
Proposed Construction Sthctlulc (indndc all phases of tonslrutlion)
Fage - 1
If request for Varimue (please describe)
Application is for:
f'rcliminarv Approval:
Final Approval:
Variance:
Date Submitted:
Page - 2
Treasure Valley Business Center - Phase I
Development Approval Application Checklist
A. Development Approval Applirntion
B. Site Planz:
1. Building locations mxt dimensions
2. Snbacks identified
3. Parking locations and dimensions
4. Loading area location and dimension (if any)
5. Trash area location and dimencion (if mrv)
(. Pedestrian pm~ing and side calk McMinn m+d dimensions
7. Exterior storage tanks and area location and dimensions (if any)
A. Drive+eay lorntion and dimensions
9. Site lighting locations
I0. Fire hydrant Mcations
tl. Transformer locations
12. All above grade utility locations
13. Fence or saccn call Inrntions and dimensions (if any)
14. Trackage (if any)
C. Site Engineering Plane
1. Surface grading
2. Surface drainage
3. Utility connections
4. Transformer locmion and dimensions
5. Fire Flcdrant location and dimensions
6. All above grade utility locations
7. All belmv grade utility locations
A. Means, methods and devices to pmtca existing pavements, curbs, landscaping and Mher existing improvements
9. All exterior lighting type, location and dimensions
Page - 3
D. Architectural Plans.
1. building(s) elevations -all sides
2. Ground hoar plans with finished floor clccatians
3. DuilAing materials and colors
4. Aiechanical equipment locations, dimensions and screens
5. Exterior site lighting attached to buildings (including fixture selection and color) (if any)
E. Landscape Plans
L A complete plant list, including larntiun, size and species of all trees, shrubs and ground covers
2. Irrigations plans
3. Landscape grading plon, if different from atrface grading and drainage plan
4. Location of site surface utilities
5. Specifications for landscape inslallmimt
Page - 4