Linder Self Storage Facilitya~~
CERTIFICATE OF ZONING COMPLIANCE
DATE: May 4, 2010
TO: Chip Gallagher
FROM: Bill Parsons, Associate City Planner
SUBJECT: Linder Self Storage Facility -CZC-10-027
OWNER: Chip Gallagher
DESCRIPTION OF APPLICANT'S REQUEST
~E IDIZ IAN*~
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The applicant, Chip Gallagher, requests Certificate of Zoning Compliance (CZC) approval to construct a
new 64,602 square foot self-service storage facility located at 5120 N. Linder Road. The site will consist
often storage buildings and an office area. The subject site is currently zoned C-G and the use was
approved with CUP-09-012.
DECISION
The applicant's request for CZC is approved with the conditions listed in this report.
Note: This is not a building permit. Prior to any construction, you should contact Building Services at
(208)887-2211 to verify if any additional permits and/or inspections will be required
Site Specific Conditions of Approval
1. The site plan prepared by A P and D Group dated 3/15/10, labeled A1.0, is approved (stamped
"approved" on 5/4/10 by the City of Meridian Planning Department) with the following changes:
a. The proposed 9'4" CMU wall connecting Building A and Building E shall not exceed 8
feet in height (UDC 11-3A-7B.1) and the distance between the buildings shall increase
from 23'7" to 25 feet per UDC 11-4-3-34C.
b. The secondary access gate proposed in the southeast corner of the site shall be
constructed of 8-foot decorative wrought iron per the a-mail from the applicant dated
April 30, 2010.
2. The landscape plan prepared by Brooks Design Group dated 3/15/10, labeled Sheet L-1, is
approved (stamped "approved" on 5/04/10 by the City of Meridian Planning Department) with no
changes.
3. The elevations prepared by A P and D Group dated 3/15/10, labeled Sheets A-K and Perimeter,
are approved (stamped "approved" on 5/04/10 by the City of Meridian Planning Department)
with no changes.
4. The site plan, landscape plan, and/or building elevations shall not be altered without prior written
approval of the City of Meridian Planning Department.
5. The applicant shall revise the site plan accordingly prior to initiating the plan intake meeting with
Building Services.
Linder Self Storage Facility CZC
6. Prior to the release of occupancy for any structure on the site, a final plat shall be recorded and
the extension of E. Deer Crest Street shall be constructed to the eastern edge of the shared
driveway to provide access to the self-storage facility. The construction of vertical curb, gutter
and sidewalk shall be extended along the southern boundary of the storage facility terminating at
the eastern boundary. At the terminus of the dedicated public street, an improved 20-foot wide
emergency access road and turnaround shall be constructed in accordance with the Meridian Fire
Department standards to provide secondary access to the storage facility.
7. The Paramount development agreement (instr. # 103137116) shall be amended to include a
provision that the construction of pedestrian pathway shall be constructed within the Paramount
South 60 Subdivision as originally proposed.
Process Conditions of Approval
1. No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
2. The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11-SC-3B. A surety agreement may be accepted for other improvements in accord with
UDC 11-SC-3C.
3. Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC I 1-3B-14A.
4. The applicant shall pay any applicable impact fees prior to the issuance of a building permit.
5. If any changes must be made to the site plan to accommodate ACRD requirements, the applicant
shall submit a new site plan to the City of Meridian Planning Department for approval prior to
issuance of the building permit.
6. The applicant shall complete all required improvements prior to issuance of a Certificate of
Occupancy. It is unlawful to use or occupy any building or structure until the Building Official
has issued a Certificate of Occupancy.
Ongoing Conditions of Approval
The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
2. The project is subject to all current City of Meridian ordinances and any applicable conditions of
approval associated with this site (CUP-09-012, DES-09-030 and ALT-09-017).
3. The issuance of this CZC does not release the applicant from any previous requirements of the
other permits issued for the site.
4. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
Linder Self Storage Facility CZC
5. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
6. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping
and constructed features within the clear vision triangle consistent with the standards in UDC 11-
3A-3B.
7. The applicant shall have an ongoing obligation to comply with any applicable specific
use standards for self-service storage facility as set forth in UDC 11-4-3-34.
ANALYSIS OF UDC REQUIItEMENTS RELATED TO SITE SPECIFIC CONDITIONS:
The proposed site plan shows a 9'4" CMU wall connecting Building A to Building E (note #15). Per
UDC 11-3A-7B.1 the wall shall not exceed 8 feet in height.
Originally, the Building A and Building E were connected structures instead of by a CMU wall. The
submitted site plan depicts a 23'7' separation between the two structures. Per UDC 11-4-3-34C, the
distance between structures shall be a minimum of 25 feet.
In addition, there is a 20-foot secondary access point proposed in the southeast corner. Note #3 on the site
plan calls-out an 8-foot chain link fence and lock gate. An a-mail from the applicant has indicated the
proposed gate is to be constructed of 8-foot decorative wrought iron.
Linder Self Storage Facility CZC
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.~~+*~1:~_~3tn~,~- Chip Gallaher Idaho Self-Stora4e, Linder, L.L.C. til,~,,.~ 208-322-5390
:~L~al[~r~t a3ctraya: 8312 W. Northview Street, Ste. 120, Boise, ID _ ~~F: 83704
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~z^an?,u~~;o ~ . 3r-hitart. ~on~~osar, _~~r::.7x~-arr. ror~*a;ant-rrsvr Jim Struckman
~':.-~ : Architectural Planning & Design Groug, P.L.L.C. Ph.D. 208-345-7178
~~~s„ P.O. Box 2182. Boise. ID ~;P. 83701
:~iia=~s^,•~:~!`~~t:;: ®~1.~:~ali:~t ^`!:~~~ ®Agaat ^~~ar
r,_3n!`~-t a~~• Chip Gallaher/Applicant Jim Struckman/Architect
g-=,,;;• chip@visserbuilding.com jims@apdgroup.biz
Ssbgs~c~ P'r4p~earsa° [o,f+rrm$~i~u
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~, 208-345-7178 Jim
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~l~a~.rs aE~pGr~lrs~ t•jl~vs r~ 6n~tt~y:
?arrG~t:sro ~= ~E~o~R:r+.~ :cr ~r~ta~ !~ ~3a f~~Dc'tsr~~¢~
B~tildsn.¢ b4i¢hc: 24' max @ Bldg. 'B'
La,edss:~gil~t: 15% Bu~~aa: 43% F'~r.-iag; 42%
T~~nI m.L:~sa- r.{ o~~'.r~a: i ~ !~l~x:~r~ =~~: or :°~ ~~!fxy~n ; ar ~a :. r:*.~s ~o~ 2
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Additional parking in front of most storage units
~'lscL~o:'ix~ri!~
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0
Linder Self Storage, Project Narrative
Linder Self Storage is a 62,602 square foot self service storage facility sited on 3.49 acres
located on the northeast comer of Linder Road and West Deer Crest Street in the Paramount
Commercial Subdivision. The Paramount Commercial Subdivision is a part of the larger
Paramount development and is generally located at the northeast comer of Linder Road and
McMillan Road and includes the recently completed Walgreens Drug Store. This commercial
component was previously reviewed and approved by the City. The commercial sector of
Paramount is planned to support not only the residential uses in Paramount, but also those in
the adjacent Locsha Falls, Kelly Creek and other local neighborhood residential subdivisions.
Current zoning is CG, which allows self service storage facilities. This facility is staffed and
accessible during normal business hours.
Linder Self Storage is comprised of multiple individual storage unit buildings (ten) and
includes an office. There will be no manager's unit, no outdoor storage and no RV or
vehicular storage on this site. The office is accessed via an entry facing Linder Road in the
center of building B. The secure compound is accessed by vehicles only through a key code
accessed lift gate. All storage unit doors are oriented to the interior of the site and are
screened by perimeter buildings which form the secure perimeter of the compound. The
Linder Road pedestrian pathway system runs along the front of the site.
The building walls facing adjacent properties, Linder Road and West Deer Crest Street are
constructed of 2 x wood framing with 'HardiPlank' lapped siding (cementious siding that looks
like wood siding). All walls facing the interior of the compound are constructed of painted
CMU walls and contain pre-finished metal overhead doors or painted hollow metal man doors.
The building entry at building B facing Linder Road utilizes simulated stone veneer, heavy
timber accents, wood column bodies, wood fascias and an aluminum storefront windows and
entry system. Landscaping is also strategically placed to enhance and soften the buildings.
Typical roofs utilize architectural composition shingles, however the roof at the office utilizes
red standing seam metal roofing. Buildings A and B also incorporate "flat" roofs. These roofs
are hidden from adjacent properties with parapet walls and are finished with single- ply white
CSPE or PVC type material.
The color scheme utilizes earth tone colors which complement the colors of the existing
Paramount buildings as well as a red standing seam metal roof and aluminum storefront
window system. The buildings vary in height from a 24 foot high parapet at the entry of the
office building to the typical residential in scale 9'-10" eave height at the majority of the
buildings.
All mechanical equipment (only required for buildings A, B and K which are climate controlled,
alt remaining buildings are ambient) will be roof mounted and screened utilizing parapets or
located in the interior of the project where it will not be visible. Exterior light. fixtures for the
compound will be building mounted and the required front parking lot lighting will incorporate
pole mounted fixtures with cut-off technology which will match or complement the existing
Paramount light fixtures. Signage consists of building mounted signage and, a monument
signs (refer to site plan).
Page 1 of 3
1. Architectural Character:
a. Facades; b. Primary public entrance; c. Roof lines; d. Pattern variations; e.
Fenestration:
Linder Self Storage is comprised of multiple individual storage unit buildings
(ten) and includes an ofhce. The office is accessed via an entry facing Linder
Road in the center of building B. This Linder Road elevation is comprised of
parapet walls of varying heights, a standing seam metal roof (8: 12 pitch) and
materials which include'HardiPlank'slding, simulated stone veneer, heavy
timber wood, wood accents, wood fascia, wood column bodies and an aluminum
storefront windows and entry system. The walls comprising the main entry are
projected out from the face of the main body of the building and the entry is
recessed for protection in inclement weather and to provide visual relief. Other
walls facing adjacent properties or streets vary across the face by stepping the
facades in and out by five feet (refer to site plan and building elevations) or,
where impractical, landscape elements are strategically placed to provide
necessary visual relief. Per CUP 09-012 comments we have added a one foot
eave on perimeter buildings and have also put hip roofs on the buildings that
can be seen from the street. All storage unit doors are oriented to the interior of
the site and are screened by perimeter buildings which form the secure
perimeter of the compound. Typical sloped roof utilize architectural composition
shingles. Buildings are designed to a human scale.
f. Mechanical equipment:
All mechanical equipment (only required for buildings A, B and K) will be roof
mounted and screened utilizing parapets or located in the interior of the project
where it will not be visible.
2. Color and Materials:
Please refer to previously submitted color chips. The colors selected are earth
tones and are intended to complement the existing Paramount color scheme.
Color is also placed to provide visual relief and interest.
3. Site Plan and Building Layout:
a. Building Location; b. Parking areas; c. Access; d. Street layout and / or internal
circulation; e. Pedestrian walkways and facilities:
This development is comprised of 10 buildings arranged to form a secure
"courtyard" accessed only by vehicles via a key code access gate. This
configuration also screens access to all individual storage units from adjacent
properties /roadways through the siting design of the buildings. Minimal parking
is provided adjacent to the main entry and it is well landscaped with intermediate
planters and perimeter planting areas. The main building (building B) containing
the office is sited to provide access from both the secured courtyard as well as
the main entry which is oriented to face Linder Road. The Linder Road
pedestrian pathway system runs along the front of the site and there is a
pathway linking this system with the main entry.
For additional information, refer to the building elevations, site and landscape plans and the
previously submitted CUP project narrative.
Page 2 of 3
4. Parking:
This site has been designed to facilitate a secure compound with limited,
controlled access. As such, parking is segregated into two functional groups:
parking for those accessing individual storage units and parking for those
visiting or working in the ofFce. Additional parking requirements at the parking
area along Linder Road were necessitated by requirements placed by the City
when the Preliminary Plat was reviewed. These include cross access to the
parcel to the north of the site for both pedestrians and vehicles. Strict adherence
with the parking requirements outlined in UDC 11-3C-6 results in a total of 128
required parking spaces. This number is by far in excess of the actual number of
spaces required for this use. We understand that the development code cannot
address each and every project type. We'have provided the number of spaces
based on our experience operating these types of facilities. The majority of
vehicle trips to this facility are for our customers to access their individual
storage units and parking for their vehicles is typically provided directly in front
of each unit. Total vehicle trips per day average 30. The ten spaces provided
between the office and Linder Road is far less than one half of the total required
by ordinance.
5. Concrete Block:
Smooth faced, painted concrete block is proposed to be utilized on all interior
facing exterior building walls. None of these walls fronts on an adjacent street or
property and visibility of interior facing emu walls will be extremely limited and
minimal. Our experience shows that our utilization of masonry and framed
construction is superior to metal buildings and other construction methodology
typically utilized in these types of projects in terms of appearance, maintenance
and durability. Smooth faced concrete masonry units are utilized for their
durability and cost effectiveness. All emu walls will be painted in complementary
or matching colors to those colors which are utilized on the exterior lap siding
finished walls. All of these earth toned colors will complement or match the color
pallet utilized in the existing Paramount development. There is a balance of wall
area utilizing lap siding and that using emu. In our opinion, there will be no
positive aesthetic benefit to incorporating a split faced or other textured wall
material in these interior facing compound walls. Finally, the City of Meridian
Design Manual, Chapter C. Urban /Suburban Design Guidelines, Section 2.5
Materials, C-2.5.2.2.2. states in part "......the use of ordinary, smooth face block,
unfinished, colored, or painted, is not an acceptable finish material for building
facades along roadways, adjacent to public spaces, and residential areas."
Again, our utilization of smooth faced CMU is restricted to the interior facing
walls.
Page 3 of 3
ADA COUNTY RECORDER d. DAVID NAVARRO AMOUNT 12.00 4
101SE iDAH011l1310p 01:47 PM tt{{ II II ii II
DEPUTY llaa loll ~~I I~~~~~~~~1~~~~1~~~1~~~~~~~~1~ ~ ~ ~~~
RECORDED-REQUEST OF 10912764
lrlphton Propartle:
When recorded, please return to:
Brighton Corporation
12609 W. Explorer Drive, Suite 200
Boise, Idaho 83713
Attn. Amanda K. Schaus
QUITCLAIM DEED
(Lot Line Adjustment 2 -Parcel 1)
For Value Received, BRIGHTON PROPERTIES LLC, an Idaho limited liability company
("Grantor"), whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713, does
hereby convey, release, remise and forever quit claim unto BRIGHTON PROPERTIES LLC, an
Idaho limited liability company, whose address is 12fi01 W. Explorer Drive, Suite 200, Boise,
Idaho 83713, the premises described on Exhibit A and depicted on Exhibit B ("Property"), which
is attached hereto and made a part hereof, together with all appurtenances relating to the
Property.
Dated effective November 5, 2009.
GRANTOR:
BRIGHTON PROPERTIES LLC, an Idaho limited
Liability company
By:
er Oliver, Member
State of Idaho }
}ss.
County of Ada )
On this ~ day of November, in the year 2009, before me, a Notary Public of said
State, personally appeared Peter Oliver, known or identrFied to me, to be a member of Brighton
Properties LLC, an Idaho limited liability company, and the member who subscribed said limited
liability company's name to the foregoing instrument, and acknowledged to me that he executed
the same in said partnership name.
IN WITNESS
seal the day and yearr`I
~~ ,~O
~- -.~
~~~r
~~ ~
~~~~,4G
to set my hand
written. A
Notary Public for
My commission'I!
affixed my official
res
^QUITcC~LAIM D~ErE.~D -1
~1-~ODEhIMWID4Y~O~IIGIIIYIWY6 PIOTPt~SUNO3 PilAffY11MMI~R3A.~AiMM1YYM1 ~IsY~INnLM Dr~h.dnnw.awl l.C..p11w.....wx.1M ~M1~..:.. ~.R...~.-. .--~--...- --......
EXHIBIT A
LEGAL DESCRIPTION -PARCEL 1
~aS~~ ~ Prn#essionel Engineers, Land Surveyors ~d Planners
`~ ~ '' S14 Sadioia St Caldwell, iD 83Bt15
~~ ~ ~~~ jn~ Ph (208) 454-0256 Fax (208) 454-0979
e-mail: dl~ol lr~q~seng.us
FOR: Brighton Corporation
IOB NO.: 000109
DATE: October 7, 2009
PARCEL 1
A parcel of land being a portion of the S W l/4 SW1/4 of Section 25, Township 4 North, Range I
West, Boise Meridian, Ada Couniy, Idaho, more particularly described as follows:
Commencing at the southwest corner of said SW 1/4 S W 114;
Thence S. 89° 24' 33" E. a distance of 82.86 feet along the south boundary of said SWl/4 S'Vl~l/4 to
a point;
Thence N 00° 35' 27" E fora distance of 47.00 feet perpendicular to said south boundary to a point;
Thence along the easterly tight of way of N. Linder Road the following courses and distances;
Thence N 44° 29' 49" W a distance of 63.74 feet to a point;
Thence N 00° 24' S6" E a distance of 1090.34 feet parallel with and 38.00 feet east of the west
boundary of said SWl/4 SWl/4 to the POIQVT Op' BEGINNING;
Thence N 00° 24' S6" E a distance of 136.50 feet parallel with and 38.00 feet east of the west
boundary of said SW l/4 SWll4 to a point on the north boundary of said S W l/4 SW 114;
Thence S 89° 26' 08" E a distance of 633.14 feet along said north boundary to a point;
Thence S 00° 26'44" W a distance of 268.55 feet to a poi
Thence N 89° 35' 11" W a distance of 87.22 feetto the beginning of a curve;
Said curve #o the left through an angle of 06° 27' 20", having a radius of 1025.00 feet, and whose
long chord bears S 87° 11' 09" '4V a distance of 115.43 feet to a point;
t-~sorr& 8n+r~euLn. mac.
SDRVSroxs BNGlNEERSd PldNNBRS
Pogo 1 aft
EXHIBIT A
G:IGnentlenslDevnkwxrwnnArliw, PmLrhUltn9 ar ~.~~Amnam °,..........a u..a...~..~...ao. ~.........-----.. ~_.,.----.-............. .. .. _ ....... ..
Thence S 83° 57' 29" W a distance of 181.42 feet to the beginning of a curve;
Said curve to the right through an angle of 04° 08' 48", having a radius of 975.00 feet, and whose
lang chord bears S 8b° Ol' S3" W a.distance of 70.55 feet to a point;
Thence N 00° 33' S2" E a distance of 165.53 feet to a point;
Thence N 89° 26' 08" W a distance of 180.35 feet to the POINT OF BEGINNING.
This parcel contains 3.486 acres more or less.
Also, this parcel is subject to all easements and rights-of--way of record or implied.
musoN ~ s~i+t~nneLn,lxc.
SUdY.&YORS,LIYGINEERS ~ PI~tNNFRS
Page 2 ot2
EXHIBIT A
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EXHIBIT B
MAP
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EXH1BiT B
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~aa9e ~ ~a~e.i~rectidms ae9a~d po gra~~g saEr~ appl~~tiomfs}.
Dated t~=c~~o~' Y I , ~_L~ .~
~~~
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~Yctic ~•?1th7~~
ADA COUNTY R~RDBS J. DAVID NAVARRO AMOUNT 129.00 43
e018E IDAHD O71E1J01 10:66 AM
DEPUTY Ndd Alley
RE ~RDED-R~ ~OF III IINIIIIIIIIiIIIUAIIfIIIIIi III
~ 108076574
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Ustick Marketplace LLC
c/o Brighton Corporation
12601 W. Explorer Drive, Suite 200
Boise, Idaho 83713
Attn. Legal Department
SPACE
MASTER DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
AND
RECIPROCAL EASEMENT AGREEMENT
FOR
PARAMOUNT COMMERCIAL SOUTHWEST
Tt1BLL OF CnNTE1V'TS
AR"T'IC.'i.l: 1 T71'1'3\3TTOPJS..,.,
1.1 Approved Flans '
12 Additional 1'roperty ,...,..,. ..............,....,...........,..........•-----------•---....,...............,.........,..............2
3.3 Appro~~ing Owners .............................................................................................:........:..........2
3.4 Hoilding .........................
1.5 lavilding Area -----:...---•.,.........
1.6 Clairr~s ....... .........................................................................................................................~
....
1.7 Common Area . 2
!.8 iConstant Dollars ............ . .................................................................................................•----~
3.~~ T?eclara~tt ............................................................................................................,....................3
1.1A Declaration ...................•.,,...,,.,,.......,,......,,,,,,.,...............,,...................,.........................---....._3
3.11 Default ]ntere~t ]tate ............................................................................................................... 3
1,12 Floor Area _..-------.. ........................................................................:..:............:..............-------....3
1.13 f.;ove«~menta[ Regairement~...,...... ..................•••-•---....._......,....................................................3
1.14 TmproVements ...............................................................................................................-------..._ a
1.15 'Nortgage .....................................................................•------....................................................3
3.1b 1+tortgagee ............:.............:.......:...._._._.......3
1.1 ~ Outdoor Dining .Area .,.....,.... ..........................................•-•------•--.........---....................-----.._....4
l.1±~ Operator ........................................................................................................................,_....---`T
] .? 1 Parcel or Parcels .........................................................••----,.,,..................................................4
1.22 Parcel {'ommon Area ...............................................................•--------...........................---........4
1.23 Parcel :Maintenance E?cpenses . ....................................................................................------------`T
1.24 Permanent Da'iaes ............................................••••••----•-.__---••-------------...___....:...._....:...----------....4
1.?5 Penrrtittees ............................................................................................................................-..4
1.2lr Persop or Persons ............. ........................................4
1.27 Prime T.rase ............................................................................................................................4
1.2R Ptirne l,essee ......................................................•------------------------------_............................,......, 5
1.?9 Pro~eLt Common Area ................,.......,.....................................,.,.............._............._._.._._._____..;
1.30 Project Common Area 14xpenses . ............................................................................................5
1.31 Projexa Design Standards .................................................................................................•---...5
t .32 Project T)octimertts .............•--.......,...,...._....,...............----......................................................... 5
1.33 1'rojeet 'fxpenses ...............................................:.......................••-•----~........._......:.................... S
1.~i4 Project T.andscape Area ..................•-----•---•-........•-•-•-----__.........,...........................................,..5
1..35 Project Lighti:ng ..............................................:......•----•----------•---------..........._............----.........,. S
1.36 Project Objectives ...................................................................................................................5
1.3? Project Sigh(s) ...................................................:.:..............................•---_. _............__.......,...,...6
............................................................................................. fi
1.38 Project utility ~.ines ...................
1.39 Restaurartt-----------------------------------------------------...,.............................,..................................._.... G
1.4[1 Section ..............................................•--------...............-------•---...---....................................,.,...,, 6
1.41 Service Facilities ...........-• ....................................................................................................... h
1.~a2 Sig~ta~~eCriteria ......................................................................................................................6
3.43 Site PIan ........................................... ....................._....-•---•---............_............-----...._....,.,..6
-----..
1,44 Suppletrtccntall3ec-Earation.......---• ............................................................................................Co
1.x'4.1 Supf~lrrme:-2lal Dec~latation Secti~-irr Tx°n~~~~rt~~---••-----------------------------•-----......._.,.,............,
1,~f4:v Sir),~~lc~~lfPnl~t~~Qr't~lrrr-~rtion :3nrrexirtiorr:~~L.)e-.=1~trl~zrrrtion ....................•---•
1.45 Utility Littes ~`
,~-ltTls^L.r: z r,asrhtr•.NTS ..................................................................................................................... ~
~.I Ftj4wnisvrlts...................... ....................----..............._....................................
. 1.1 i'~~rrtrcarn•,a Drire.t . ...............................................................
?.1.2 Ir7gress acrd ~gr~~ss .................... _ _.. -.....: , ......,... _ _ _-.......-• -°.---•
?.1..3 Pc~desJ,•iari .~fcc•ess ....................-----------...............:..,....,.....:........
~ -
..................................... r1'
..................................... s4
?_1.?~ Errcrr~ur~lrrnenJ l:aserrrertts ...................................................................
?.2 Easement in Favor of tire [7perator ......................................:...................
2.'i F:aserrtents I~~r Project Common Arra ......................................................
?,~ Srope of 1=:aseinents; '~;o RequirerY~cnt of C'oniirnklticrn ...........................
2.5 Na Ubstntcaions ......................................................................................
~.G Na Charge for [.ae . ..................................•----------.._......._......._......,
`~ ' Prohibition .Against Granting F•.a5ettyenis .............
?.8 T3ndergrotlnd [)tilities ................................_._..-----......_.._..............,
............................... 9
............................... rl
..................................... lC}
,'1It'I~1CI..l=• ~ DIrL`L£()PR7tN'f RTSTRIC'TIC):tiS.:~RCIiI'1£.t"I'URAI_ r~ND S1`~'F PT.AN
APPR{7t'AI „~•' 4~D C'C)NS'I'R1L~C`I'1ON ...................................................................---........................._ 14
3.l Development Restrictions ..................................•---......_......,..............................................14
3."? hla~cimum Sduare hootage of 8uildinbs and 'Height Itestrictirns ........................................... l4
~.~ Self-l'art; ................--------•-----•.........,...........................:.....:........_..........................................IO
~.5 Outdpor '~t'.atinJ; .Areas ..........................................................................................................14
3.b Grading and Drainage ............. ............................................,.......1 1
.~ Appro~•al of lmpro4~ement~ __•-•.........
3. '.1 Strhrrrissto,rol.'Ifcetr.Ar•[al~~ ................. ---....---............-------...........__.........1'
3. '.? Prar.~drrr-e for.91~hroval .............••--.-....,..........,......................---- ....••------------_.....-----...------ 1y
3. ?.3 C.'orrstrrrr~riran plImp,-n~~em~,rt~~.....-----•-----------•------•-•-----•- -......-. .......................................-._ 13
;. '_4 J+J`lecJo/iterie>u• ..................................................,......,.,....,.....-.._.-........-----------......_..--•-•--. 13
3. ?.5 In.rpectio,r marl iinlaJtor7s,........••--••---------------------••--....••-----.......-.......••-__.,......,............,..,,,13
3.~ Ilnprovetnents .................•-------...... .l;i
?.~} C'ort~murtications Fquipment ................................................................................................. 13
3.10 C'onstruttion of Parcel t'~ornmon Ar~i ..................................:............................................... t•9
a. l l Interference by C'onstru-aion ................................................................................................. l~
3.1'? .Construction Indentnities ......................................................................................................14
3.1:~ C'ost uft'onstruction .............................................................................................................14
..................................................................................................... .
3.14 Signs ........................1 ~
~i.1~1.1 Par«°1 Sil;,r .............•-•----............................................._.....................----•---•------••- _..-.. 1~?
3.1 ~'.~ .Strh»ti.~sirrn oJ•,Srgr7agf Pfa,r.~ .................... _.
1.14.3 Prvicedtrre r`or.~l~laru~ul ..........................................................,.......:----•---•---....._.....f_,_,.. 1;
i,14.4 S'igrrag~ Rt•.1lricrion.c.------_. .....................................................................••-----._...------•---. IS
3.14.5 Sign ?l~airrfe,7anc•e ..................................................................................................•------1 S
~h-K 1 lt_:Li/ 4 GSIr R1;S~1-RI("1~1UN5 ...................................................................................................... I ?.
-1.1 1!se in ilzncral ..................................................................................................................... 15
-~..? Prohibited l_tses ..................................................................................................................... l i
-[.3 Pharma~•r Restricaiun ............................................................................................................ lf+
4,4 lase of C'otjtnaon At°<<ts .............. .._.-.......................................................... l ?
TABLE OFCONTENTS -11
C:ID000ments and SafWgsMwardlelLOCaI SelfaajslTempaary tntemet Fres10LK7U1{Masler DedaraYan 7-1.08.doc
X1.5 l!sr of 5id~:walks, Parking Areas _......... ..................................... .....--•-----.......--------------•--..._.. 1?
X3.6 fntiplc~yrc, C'uratr~tcior Parking .................................................. ........................................... l?
dt.lt'I'It'LIr 5 hiA1N'f1iIJATdC F;~ or niPRO4~EA~I)=`~ f5 .............................. ............................................ 115
~.l h~tai~tterta~3co ctf Building by 4titi'ners -----... ...............-----.............. ........................................... 1S
5.? Ua'ner'~ Iti'taintenanc~e Ob]igations for Parcel ~ ommon Area-.-•- -------------------------------•--•--...._.. 1
s.:i 1~lairrtenance S#andards .............................................................. ..........------------------•---------..... 1
s.=1 haaicttenance b}~ Operator• ......................................•--..._.....•.------ ----__.---•-._...------------...._.......... 19
~.~ Right (o Perform Parcel C'omntQn Area R'laintenancr~ Separately ........................................... ] 9
3.3.1 Str1'/=a_~aiJrte,caJlc~e ElE•ctioJr ............................................,........ .~....,.,...............:..........---.....19
S.6 t:3perator
-...... .
~.~.? :4~)poittJJJtent Of ,~r~ett' ~pE'1'alOJ' .............................................. .............................................'.C7
5.6.3 ;b'a (]peratrr ................................................................••----.... ........................................... ?~1
3.6.5 J.r~nilatinn of J.icrhilitt'.-._._•-------....
~."' Taxes ............................................•-----•......,,............................. ..........._.....,.._....-----•---..._......2t)
ARTiC.'i.F. b C'0'4"~:~AN 1' Tn PAY PROJIiCT L~4'TNT'~ .................... ............................................2]
6.1 C-'oy~eraaect to Pa4~ Proportionate Share ot'PrOiett Fxpe~nscs
b.? Payn3ent of Proportionate Share of Projet;t E~penses................. . .................................•--....... ? 1
fi.2.1 C~ontmc»reJ;tent o~'t~hligatiorrs
p y~
h.1_~t I1c.cpeetrort Rrg;Errs ......................,..-... ~,
C.1. s Late PQVJJrt•JCt .......:................•--------................,,............._:._._,_ ............................................1'
ARTICT ,~ : 71NSC]RA.'v~'~ ....................................................................... ............................................ 23
~`. ] C?vs~ner'~ I;iattility Instcraraec ..............._
-'' Property ]assurance ~
.:'} {;~nrsral F~ut[uin~mc:rcis ...........................................+................... .,..........................................?3
',~ Sc1f-In~urance. ................................................,.._...................... :.------..........----•-•-•---.............. ?:}
~ 131artkel ~trul F'si:c~ss Insurance .............. •••~•~~~~••~•'~
^,? ]ndemnilicatic~n 'S
_Alt'I~IC'I.G R 1~.~4'IAC~f :.....................................~---------------_.----................. ........._....,...........,............,..'ti
~i.1 Itzstoratiori ot~ C orntnon Area .................••--------------.................. ..............,.,,..........................'S
5.2 Kestoration ofBuildictg(s} ......................................................... ............................................?~
~.:3 C'learittg of Precrrises ................................_................................ .....................................:...... ~5
A.R't~IC'L.l: ~ RI;4iPDILS ........................................................................... ............................................?5
~_ I l ~rrt;r1 Action Cgeneral]y--...---_... ..........................,...................... .....:.........,..............:............. a'.~
9.2
..........
Iniuucti~•e and Deelaratory Relief ....................................
............................................ _fi
~9.~ (aw-ner's Right to Care or Abate ................................................ .................:....................:..... Zti
~}_,l t'irt,iin Lireritation~ on Remedies .............................................. ............................................ 2.b
~)_i Lien ............:............................................................................. .........................••-.....,.......... ~~
53.1 .ar~r«~rrtt ................:.......... •~-
T }tt~ r ar [~uti T cti c -iii
f -U: ~nirmts and Snitii~~s'n~war.]elera~ Setl:~~s'~Tf!~7~rary 1'ded~Bf =ile5'~+:lK'.~A9Jiisk" L~~inra;.y~ ? 1 C8 ~ix
t>. ?.~ ~:r~irr~ursJrrr:~~xrt ..............................................,...............................................................,.. ~~
+~." Rrrr~cdies (:'umulative• ...............•--•----•---__....._......................................,................................?.
AR'I"ICI.1: I~Q SilPPT.1!IvIRNTAL BECL.4RA'1'IO?ti5A':vll AM1!`NI]MfiN`I'S .....................................,. 28
ltl.l Supplertiental'Declaration .....................:.:....................••-...................................................---• '
Al~'I7t'Lli I 1 'MIST };1.I..~NT?OI TS ........................................................................................................ ?4
1 1.1 .~mendments,.,......_...........
1 1.2 Consent by Approving Uvvners . ............................................................................................ '?9
l 1.3 Cortcent by Ou~rters .............................................................................................................•• -'g
l 1.5 'i'ertninaton of~Dea:larant Rights ....................................................................................----... 34
1 l.t~ Binding )=fFeck ...-• ........................................,.............................,....................................,..... 34
1 1.2 1J4`aivet of Default ...............................................................---•-•-•---................................_._.... 3a
11.3 Breach - L-'ffect on 44artgagee arrd Right to C:ure ...........................................................-•-__.. 34
1 1.9 No Parlrtersl~ip ...............................................................................•--------•--...................__...... ;i 1
11.10 Sever•abiliky .......................................................................................................................... ~ 1
11.11 i;overning Law .................................................................................................................. 31
I1.1L 'i"erminology .................................. ..................................................................................... ?1
I I. l 3 Captions ............................................................................................................................... ~ l
11.1a Estoppel Certifacate ................................... 31
1 I.l~ Not a Fubiic Dedicatiara ..............................................................•-----------...-----._........---........ 3'
1 I.l t: 'T'ime of I/sse~ice -•-------------------------...........................----•---••--......-----.........__...................._...... 32
11.1".• Entire Declaration ..................................................,.........,............,........................................ 3'
1 I .l ~ rxurse for Non-Pertorrrrance ...............................................................••----•--.............-----...... z
I I.I4 ]Mechanics' Lierts ...........................................................................•----•--_.........................,.,.. ~~'
I1.Z0 Dot'ation. .............................................................................•---••---------..._....._............----._,...._ :T3
TABLE OFCONTENTS -1V
CiQxumenls and SetbngSVnwardklLotai Sd6rgsiTemporary Ntxnel FIIas10LK7DIWlasler Oadarafan T-1-OB.dOc
MASTER DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
AND RECIPROCAL EASEMENT AGREEMENT FOR
PARAMOUNT COMMERCIAL SOUTHWEST
This Master Declaration of Covenants, Conditions and Restrictions and Reciprocal
Easement Agreement for Paramount Commercial Southwest (the "Declaration") is made and
entered into by Ustick Marketplace LLC, an Idaho limited liability company ("Declarant") as of
this slay of ~~ 2008, with reference to the facts set forth below.
RECITALS
Capitalized terms used in the Recitals are defined in Article 1 below.
A. Declarant is the Owner of that certain real property located in the City of
Meridian, County of Ada, State of Idaho, consisting of the real property more particularly
described on Exhibit "A" attached hereto and incorporated herein ("Project").
B. Declarant desires to (i) create certain easements for ingress, egress, utilities and
other matters, for the benefit of each of the Parcels in the Project; (ii) impose obligations with
respect to the common use, maintenance and repair of the Common Area; and (iii) impose
certain limitations on the design and use of the Parcels and the improvements to be constructed
thereon by the Owners, all as is more particularly set forth herein, for the purpose of enhancing
and protecting the value, desirability and attractiveness of the Project for the benefit of the
Declarant and each Owner.
NOW, THEREFORE, Declarant does hereby establish and declare that Project and every
portion thereof shall be owned, held, conveyed, transferred, divided, sold, leased, rented,
encumbered, developed, improved, maintained, repaired, occupied and used subject to the
covenants, conditions, restrictions, easements, rights, rights-of--way, liens, charges and other
protective and beneficial provisions set forth in this Declaration, all of which (i) are declared and
agreed to be in furtherance of a general plan for the protection, preservation, maintenance,
platting, subdivision, improvement and sale of the Project and to enhance the value, desirability
and attractiveness of the Project as an integrated, first class, master planned mixed use project
consisting of high quality retail, office, retail services, financial institutions, entertainment and/or
residential (multi-family and/or single family) components, (ii) are mutual, beneficial and
equitable servitudes in favor of and for the mutual use and benefit of the Project and each portion
thereof and each Owner of a Parcel, and {iii) are hereby expressly declazed to be binding upon
the Parcels and each portion thereof and shall run with the land and each and every part thereof,
inure to the benefit of and be a burden upon the Parcels and each portion thereof and shall bind
the respective heirs, successors and assigns of the Owners of the Parcels. Upon recordation of
this Declaration, any conveyance, transfer, sale, hypothecation, assignment, lease or sublease
made by any Owner, shall be and hereby is deemed to incorporate by reference the provisions of
this Declaration, as the same may from time to time be amended. In the event of any conflict
between this Declaration and any other Project Document, this Declaration shall control,
provided, however, that a Supplemental Declaration may impose additional covenants,
MASTER DECLARATION - 1
C:1Dooumenb and SelfigslmwardelLocal SaltingalTdnporary Ydarnet Fiesl0lJC7Dl11AasterDadarafan 7-t-OB.doe
restrictions and obligations on the Section Property covered by such Supplemental Declaration
and in such event, the terms of the Supplemental Declaration shall control.
ARTICLE 1
DEFINITIONS
1.1 Approved Plans. The term "Approved Plans" means the Submittal Plans
approved or conditionally approved (or deemed approved) by the Approving Owners for the
Improvements to be constructed on a Parcel, as provided in Article 3 below.
1.2 Additional Property. The term "Additional Property" means property located
adjacent to or in the vicinity of the Project which may be annexed into the Project by Declarant
from time to time.
1.3 Approving_Owners. The term "Approving Owners" means {i) Declarant, so long
as Declarant owns any portion of the Project, and (ii) from and after the date the Declarant no
longer owns any portion of the Project, the Owners of the three largest Parcels in the Project
(based on land area).
1.4 Building. The term "Building" means any permanently enclosed structure
placed, constructed or located on a Parcel.
1.5 Building_Area. The term "Building Area" means all those areas on each Parcel
designated as "Building Area" on the Site Plan (including but not limited to the approved Site
Plan attached to the Supplemental Declaration affecting such Parcel) for and within which
Building(s) may be constructed, placed or located.
1.6 Claims. The term "Claims" means all causes of action, claims, liabilities, losses,
damages, costs and expenses (including reasonable attorneys' fees and court costs).
1.7 Common Area. The term "Common Area" means the Project Comrr~on Area and
the Parcel Common Area, collectively.
1.8 Constant Dollars. The term "Constant Dollars" means the value of the U.S.
dollar to which such phrase refers, as adjusted from time to time. An adjustment shall occur on
the 1st day of June of the sixth (6th) full calendar year following the date of recordation of this
Declaration, and thereafter at five (5} year intervals. Constant Dollars shall be determined by
multiplying the dollar amount to be adjusted by a fraction, the numerator of which is the Current
Index Number and the denominator of which is the Base Index Number. The "Base Index
Number" shall be the level of the Index for the year this Declaration commences; the "Current
Index Number" shall be the level of the Index for the year preceding the adjustment year; the
"Index" shall be the Consumer Price Index for All Urban Consumers, published by the Bureau of
Labor Statistics of the United States Department of Labor for U.S. City Average, All Items
{1982-84=100), or any successor index thereto as hereinafter provided. If publication of the
Index is discontinued, or if the basis of calculating the Index is materially changed, then the
Approving Owners shall substitute for the Index comparable statistics as computed by an agency
of the United States Government or, if none, by a substantial and responsible periodical or
MASTER DECLARATION - 2
G:~Daurr~tb andSelOrgiYnwaMelLacd Se1Wg6tTemporary iMemetfieelOLK7'D~IMaslet0eelraian 7-1.0l.doc
publication of recognized authority most closely approximating the result which would have
been achieved by the Index.
1.9 D lgc grant. The term "Declarant" refers to Ustick Marketplace LLC, an Idaho
limited liability company, and its successors and assigns to the extent Declarant's rights under
this Declaration are expressly granted to such successors and assigns as evidenced by a recorded
instrument.
1.10 Declaration. The term "Declaration" means this Master Declaration of
Covenants, Conditions, Easements and Restrictions, as it may from time to time be amended or
supplemented from time to time and any Supplemental Declaration{s), as the same may from
time to time be amended.
1.11 Default Interest .Rate. The term "Default Interest Rate" means the lesser of
(i} four percent (4%) per annum in excess of the "Prime Rate", or (ii} the highest lawful rate.
The "Prime Rate" shall be the rate announced as such from time to time by Bank of America or
its successor, or any alternative national bank doing business in the State of Idaho designated by
Declarant from time to time. if there shall be no such announced rate of such bank or its
successor, then the "Prime Rate" shall be such equivalent rate as is charged from time to time by
major money-center banks.
1.12 Floor Area. The term "Floor Area" means the total number of square feet of
floor area contained within a Building. Floor Area will be measured from the exterior line of the
exterior walls of such Building.
1.13 Governmental Reauirements. The term "Governmental Requirements" means
all applicable laws, rules, regulations, orders, ordinances, restrictions and other requirements
{including all requirements to have or to obtain permits) of any governmental agency or body
with jurisdiction over any portion of Project.
1.14 Improvements. The term "Improvements" means any Building, Service
Facilities, Common Area improvements or sign located in the Project.
1.15 Mortgase. The term "Mortgage" means any mortgage or deed of trust
encumbering a Parcel.
1.16 MortQa~ee. The term "Mortgagee" means a mortgagee under a mortgage, a
grantee under a deed to secure debt, or a trustee or beneficiary under a deed of trust constituting
a lien on any Parcel.
1.17 Occupant. The term "Occupant" means any Owner, Prime Lessee or Person
from time to time entitled to the use and occupancy of any portion of a Building in the Project
under an ownership right or any lease, sublease, assignment, license, concession or similar
occupancy agreement.
1.18 Outdoor Seating Area. The term "Outdoor Seating Areas" means areas located
directly adjacent to or in close proximity to a Building which are used, from time to time, for
Outdoor Seating Areas by the Occupant of such Building.
MASTER DECLARATION - 3
C:IDowmenla and SatpngsinwprdelLocsi Seginp~lTdnporagt hlemd F~esWl](~DNMaskr Dedaraidi 7.1.OB.doc
1.19 Operator. The term "Operator" initially means Declarant. The Operator may be
replaced as provided in Article 6 of this Declaration.
1.20 Owner. The term "Owner" means the record holder of fee simple title to a Parcel
(or any portion thereo fl, its heirs, personal representatives, successors and assigns. If a Parcel is
owned by multiple parties ("Multiple Owners"), the Multiple Owners shall designate in writing
one of the Multiple Owners ("Designated Owner") with the sole right to act for and bind all of
the Multiple Owners of such Parcel, and the other Owners may rely on any consent, approval or
decision made by the Designated Owner on behalf of the Multiple Owners.
1.21 Parcel or Parcels. The term "Parcel" or "Parcels" means that portion of the
Project and any Additional Property annexed into the Project which is from time to time (i)
subdivided as a legal lot pursuant to a recorded subdivision plat or plats or otherwise legally
created for separate use andlor ownership, or {ii) designated as Parcel by recordation of a
Supplemental Declaration.
1.22 Parcel Common Area. The term "Parcel Common Area" means all areas on a
Parcel which is not covered by a Building, Service Facilities or Project Common Area. The
Parcel Common Area shall include the "Back of Curb Area" defined in Section 5.2, but
maintenance, repair and maintenance of the "Back of Curb Area" shall be the Owner's
responsibility as more specifically described in Section 5.2.
1.23 Parcel Maintenance Expenses. The term "Parcel Maintenance Expenses" means
all reasonable costs and expenses of every nature and kind as may actually be paid or incurred by
Operator to operate, maintain, repair and replace the Parcel Common Area.
1.24 Permanent Drives. The term "Permanent Drives" means those certain access
ways (including the curb cuts for such access ways) shown on the Site Plan as "Permanent
Drive(s)" and such additional Permanent Drives which are from time to time designated as a
Permanent Drive by the Approving Owners by recordation of an amendment to this Declaration
or a Supplemental Declaration.
1.25 Permittees. The term "Permittees" means the Operator, Owners and Occupants
and their respective officers, directors, employees, agents, contractors, customers, visitors,
invitees, licensees and concessionaires, provided, however, that persons engaged in civic, public
or political activities within Project shall not be considered Permittees.
1.26 Person or Persons. The term "Person" or "Persons" means and includes
individuals, partnerships, firms, associations, joint ventures, corporations, or any other form of
business entity.
1.27 Prime Lease. .The term "Prime Lease" means a written lease between an Owner
of a Parcel, as landlord, and the Prime Lessee of such Parcel, as tenant, for an entire Parcel.
1.28 Prime Lessee. The term "Prime Lessee" means the Occupant of an entire Parcel
under a Prime Lease. During the term of the Prime Lease, the Prime Lessee shall have all rights,
obligations and responsibilities of an "Owner" of such Parcel under this Declaration provided (i)
the Owner, as landlord under the Prime Lease, delegates such obligations and responsibilities to
MASTER DECLARATION - 4
C.'IDocumenb and SelQngsYmardeY.ocal SedinyslTamporary 1rMemel FYR510LK7D/NAaster DedanOion 7-t-OA.doc
the Prime Lessee, (ii) the Prime Lessee assumes such obligations and responsibilities, and (iii)
written notice thereof is provided to the Operator and Approving Owners. Notwithstanding the
foregoing, the Owner of such Parcel shall not be relieved or released from its obligations under
this Declaration.
1.29 Proiect Common Area. The term "Project Common Area" refers collectively to
the Common Area which, in the Operator's discretion, cannot be considered a Parcel Common
Area. The "Project Common Area" may include, but shall not be limited to, Permanent Drives,
Project Landscape Area, Project Lighting, Project Sign(s), Project Utility Lines and such other
areas which are designated as Project Common Area from time to time by the Approving
Owners.
1.30 Project Common Area Expenses. The term "Project Common Area Expenses"
means all reasonable costs and expenses of every nature and kind as may actually be paid or
incurred by Operator to operate, maintain, repair and replace the Project Common Area.
1.31 Project Design Standards. The term "Project Design Standards" means the
Design Standards for the Project as determined by the Declarant in its sole discretion from time
to time.
1.32 Proiect Documents. The term "Project Documents" means this Declaration, the
Supplemental Declaration{s), the Project Design Standards and Sign Criteria, all as may be
amended or supplemented from time to time.
1.33 Project Expenses. The term "Project Expenses" means all reasonable costs and
expenses of every nature and kind as may be actually paid or incurred by Operator to operate,
maintain, repair and replace the Project Common Area and the Parcel Common Area.
1.34 Proiect Landscape Area. The term "Project Landscape Area" means those
certain landscape areas shown on the Site Plan as "Project Landscape Area" and such additional
landscape areas which are from time to time designated as Project Landscape Area by the
Approving Owners. The Project Landscape Area may include, but shall not be limited to,
landscaping along the perimeter boundary of the Project, landscaping adjacent to the Permanent
Drives, outdoor courtyards and/or plazas for the common use of the Project.
1.35 Proiect Lishtina. The tern "Project Lighting" means the artificial lighting
facilities, including but not limited to poles, pole bases, wiring, lamps, ballasts, lenses,
photocells, time clocks and contacts, for the common use of the Project, as designated by the
Approving Owners from time to time.
1.36 Project Objectives. The design, development, improvement and use of the
Project as an integrated, first class, master planned mixed use project consisting of high quality
retail, office, retail services, financial institutions, recreational and/or residential (multi-family
and/or single family} components.
1.37 Project Sign(s). The term "Project Signs" means those certain freestanding
signs, including, but not limited to, pylon and/or Project identification signs, and related
improvements, which may be shown on the Site Plan as "Project Sign(s)", and such additional
MASTER DECLARATION - 5
C:rpotuments andSalWgtYiwxdeV.oeal SatingslTert~pogry YNernet fYealOLK7C~WagerDedara6on 7-1-OB.doC
Project Sign(s) which are from time to time designated as Project Sign(s) by the Approving
Owners. Placement on any Project Sign for an Owner or Prime Lessee is determined by the
Declarant in its sole discretion. Notwithstanding Section 6.1, with respect to any Project Sign(s)
with multiple panels, including, but not limited to, pylon signs, each Owner located on such
Project Sign shall pay its proportionate shaze of the maintenance and repair of such Project Sign
based on the area of its panel as the numerator, with the azea of all occupied sign panels on such
Project Sign as the denominator.
1.38 Project Utility Lines. The term "Project Utility Lines" means any Utility Lines
from time to time serving the Project Common Area.
1.39 Restaurant. The term "Restaurant" shall mean any operation or business which
requires a governmental permit, license and/or authorization to prepare and/or serve food for
either on-site oroff--site consumption; provided, however, notwithstanding anything herein to the
contrary, a supermarket, grocery store or similar operation shall not be deemed a Restaurant.
1.40 ction. The term "Section" shall mean one or more Parcels within the Project
which are from time to time designated as a "Section" by the recordation of a Supplemental
Declaration.
1.41 Service Facilities. The term "Service Facilities" means trash compactors and
enclosures, exterior lighting attached to a Building, drive-up or drive-through customer service
facilities directly adjacent or in close proximity to a Building, side yards and rear yards used for
outdoor storage, loading docks, electrical facilities and transformers, truck ramps and other
similar exclusive service facilities and outward extensions, and customer pickup areas directly
adjacent to or in close proximity to a Building, whether or not described, labeled or depicted on
the Site Plan. The Service Facilities are the exclusive property of the Owner of the Parcel on
which such Service Facilities are located and not a part of the Common Area.
1.42 Signage Cri#eria. The term "Signage Criteria" means the signage criteria for the
free-standing and exterior building signs constructed or located within the Project, as determined
by the Declarant in its sole discretion, from time to time.
1.43 Site Plan. The term "Site Plan" initially means the Site Plan attached hereto as
Exhibit B, as it may be supplemented, modified or amended by recordation of an amendment to
this Declaration or a Supplemental Declaration in accordance with the provisions of this
Declaration from time to time.
1.44 Suaalemental Declaration. The term "Supplemental Declaration" means the
following, collectively or individually: Supplemental Declaration -Section Property, and/or
Supplemental Declaration - Annexation/De-Annexation.
1.44.1 Supplemental Declaration -Section Proaerty. The term
"Supplemental Declaration -Section Property" means a Supplemental Declaration executed and
recorded by Declazant prior to the conveyance of any Parcel within such Section to do any of the
following: {i) designate certain Parcels as a "Section", (ii) attach the Site Plan for each Parcel in
such Section, and (iii} impose additional or modified restrictions, covenants or obligations
applicable to such Section, as permitted pursuant to this Declaration.
MASTER DECLARATION - 6
Ci~owmenb and SdtirypNierordeY.oCel Se11Ggs1Temporary IMernetFibelOLK1D11MeWet~edeniai 7q-0&doc
1.44.2 Supplemental Declaration - Annexation/De-Annexation. The
term "Supplemental Declaration - Annexation/De-annexation" means a Supplemental
Declaration executed and recorded by Declarant to (i) annex any Additional Property to this
Declaration, or (ii) de-annex any portion of the Project from this Declaration, as permitted
pursuant to Article 10 of this Declaration.
1.45 Utility Lines. The term "L7tility Lines" means those facilities and systems for the
transmission of utility services, including but not limited to Project Utility Lines, storm water
drainage, detention or retention systems or structures, water mains, sewers, lift stations, water
sprinkler lines, electrical conduits or systems, gas mains, other public or private utilities
providing service to one or more the Pazcels in common.
ARTICLE 2
EASEMENTS
2.1 Easements. Declarant hereby reserves unto Declarant and also grants to the
Owners, for the reciprocal benefit of the Owners of each of the Parcels, and the use of the
Permittees of such Owner, the following easements into, over, and across the Project, subject to
any rights and restrictions set forth in this Declaration. The easements granted hereunder shall
continue in effect for the term of this Declaration and thereafter for so long as the Parcel utilizing
the easement azea exists (including a reasonable period to permit reconstruction or replacement
of such improvement if the same shall be destroyed, damaged or demolished}.
2.1.1 Permanent Drives. Non-exclusive perpetual easements for
ingress and egress over and across those portions the Common Area designated as Permanent
Drive{s} on the Site Plan, and such additional Permanent Drives as may be designated from time
to time by recordation of a Supplemental Declaration. The Permanent Drives may also be used
by emergency services personnel. Once designated as a Permanent Drive, the location of the
Permanent Drives shall not be altered, relocated, changed or closed without the prior written
consent of the Approving Owners.
2.1.2 Ingress and Egress. Non exclusive easements over and across the
those portions of the Common Area which are from time to time improved as drive aisles or
access ways for vehicular and pedestrian ingress and egress between each Parcel, the Permanent
Drive(s), and public streets abutting the Project.
2.1.3 Pedestrian Access. Non-exclusive easements over and across the
those portions of the Common Area which are from time to time improved as sidewalks,
wallcways or similar pedestrian access ways within the Project.
2.1.4 Parkin .Non-exclusive easements over and across the those
portions of the Common Area which are from time to time improved for vehiculaz parking on
each Pazcel.
2.1.5 Utilities. Nonexclusive easements into, over, under and across the
Common Area for the installation, construction, maintenance, operation, repair and replacement
of Utility Lines. The exact location or re-location of any Utility Lines shall be subject to the
approval of the Approving Owners and the Owner of the burdened Parcel. The Owner
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performing such installation, construction, maintenance, operation, repair or replacement of a
Utility Line {"Utility Line Work") located on the Parcel of another Owner shall, at its sole cost
and expense, (i) make adequate provision for the safety and convenience of all persons using the
surface of such area; (ii) replace or restore the areas and facilities to the conditions in which they
were in prior to the performance of the Utility Line Work, (iii) bear all costs, fees and expenses
incurred as a result of such Utility Line Work; (iv) at least thirty (30) days prior to performing
such Utility Line Work provide the Owner affected by such Utility line Work and the Operator
with a written statement describing the need for such Utility Line Work, identify the proposed
location of the Utility Line Work, the nature of the Utility Line Work to be performed (including
backup materials such as design and materials), evidence that the materials and design standards
are equal to or exceed those originally used, and the anticipated commencement and completion
dates for the Utility Line Work; {v) provide written evidence of the insurance coverage required
by Article 7 of this Declaration, and {vi) use commercially reasonable efforts to minimize
disruption of normal business operations and access to the Project. In no event shall Utility Line
Work occur on weekends, during holiday seasons or other peak periods or times of business
operations.
2.1.6 Drainage. Nonexclusive, perpetual easement for the discharge of
surface storm water drainage and/or runoff from the grantee's Parcel over, upon and across the
Common Area of the an adjoining Parcel, upon the following conditions and tenors: (i) the
grades and surface water drainageJretention system fior the Project shall remain in strict
conformance with the Approved Plans for the grantee's Farcel, and (ii) no Owner shall alter or
permit to be altered the surface of the Common Area or the drainage~retention system
constructed on its Parcel if such alteration is not in conformance with the Approved Plans or
would materially increase the flow of surface water onto the adjacent Parcel either in the
aggregate or by directing the flow of surface water to a limited area. All surface water
collection, retention and distribution facilities shall be deemed a Utility Line. All drains, gutters,
downspouts, berms, swells and other drainage facilities and systems (collectively, "Drainage
Systems") shall be maintained by each Owner, with respect to the portion of the Drainage
System located on such Owner's Parcel, in a neat, orderly, safe and sanitary condition, and in
such a manner as to facilitate the orderly discharge of water by means thereof.
2.1.7 Maintenance. Nonexclusive easement for ingress and egress,
construction, inspection, operation, maintenance, repair and replacement as may be reasonably
necessary for the purpose of permitting such Owner(s) to discharge its obligations and rights
under this Declaration.
2.1.8 Encroachment Easements. Nonexclusive easement over, across
and under the adjoining Parcel{s) for any portion of a Building located on a Parcel which may
inadvertently encroach into or over the adjoining Pazcel(s); provided the easement for footings,
piers, piles, grade beams and Building encroachments does not exceed two (2} feet, and the
easement for canopies, eaves and roof overhangs does not exceed four (4) feet. The easements
created in this Section shall survive the expiration or termination of this Declaration and shall
last so long as the encroaching Building is standing following initial construction or following
reconstruction where such Building is substantially restored to its prior condition following a
casualty or condemnation.
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2.1.9 Signage. Non-exclusive easements to install, maintain, repair and
replace Project Signs and/or Parcel Signs as permitted in this Declaration, andfor to provide the
same for an Owner of a Parcel Sign as maybe requested by additional Owners in the Project.
2.2 Easement in Favor of the Operator. Declarant hereby reserves for itself and
Operator and its Permittees an easement over such areas of the Project as may be necessary for
the Operator to perform its obligations pursuant to the provisions of this Declaration.
2.3 Easements for Project Common Area. Declarant hereby reserves for itself; the
Operator and their Permittees a perpetual non-exclusive easement on, over, under and through
the Project Common Area for the installation, maintenance, repair and replacement of the Project
Common Area improvements.
2.4 s~~~e of Easements: No Requirement of Confirmation. Except for any
easements granted to Operator, all easements herein shall be easements appurtenant and not
easements in gross. In addition, all easements granted hereunder shall exist by virtue of this
Declaration, without the necessity of confirmation by any other document.
2.5 No Obstructions. The Owners and Occupants of the Project, or any portion
thereof, agree that nothing shall be constructed on any portion of the Common Area to prohibit
or discourage the free and uninterrupted flow of vehicular or pedestrian traffic or the parking of
vehicles in those areas improved and designated for such use, except for temporary obstructions
for construction as provided in Section 3.11 below.
2.6 No Charge for Use. There shall be no charge for the use of the easements
granted herein.
2.7 Prohibition Against Granting Easements. No Owner shall grant an easement
or easements of the type set forth in this Article 2 for the benefit of any other Person or property
which is not located within the Project without the prior written consent of the Approving
Owners; provided, however, that the foregoing shall not prohibit (a) the Declarant from granting
easements for ingress, egress and utilities over the Project (or portions thereof] for the use or
benefit of the Project or property located adjacent to the Project, or (b) the Declarant from
granting such other easements on, over or under the Project as may be reasonably necessary to
serve the interests and convenience of the Owners andfor the development of the Project, or (c)
an Owner from the granting or dedicating of easements far Utility Lines to Govemmental
Authorities or to public utilities, or (d} the use of any easements existing on the date of
recordation of this Declaration, or (e} the Supplemental Declaration -Section Property from
granting easements over any part of the Section Property covered by such Supplemental
Declaration -Section Property.
2.S Underground Utilities. All Utility Lines to be installed in any portion of the
Project shall be underground, unless othervvise approved by the Approving Owners except for:
(i} ground mounted electrical transformers, {ii) temporary utilities during periods of construction,
reconstruction or repair, (iii) those required to be above ground by the provider of such service or
Governmental Requirements; (iv) fire hydrants, detector check valves, and backflow prevention
devices; and {v) utility meters on the sides of Buildings.
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ARTICLE 3
DEVLEOPMENT RESTRICTIONS. ARCHITECTURAL AND SITE PLAN
APPROVALS AND CONSTRUCTION
3.1 Development Restrictions. No Improvements shall be built, constructed,
erected, placed or materially altered on any Parcel unless and until the plans, specifications and
Site Plan for the Improvements thereon have been reviewed in advance and approved by the
Approving Owners in accordance with the provisions of this Article 3.
3.2 Maximum Souare Footage of Buildings and Height Restrictions. No
Buildings shall be constructed on any Parcel which {i) exceeds the maximum height for such
Building as shown on the Site Plan, (ii) is located outside of the Building Area as shown on the
Site Plan, or (iii) exceeds the maximum Floor Area for such Building as shown on the Site Plan.
The height of any Building shall be measured perpendicular from the finished floor elevation to
the top of the roof structure, including any screening, parapet, mechanical equipment or similar
appurtenance located on the roof of such Building. Notwithstanding the foregoing, the height
restriction for any Building may be increased to accommodate the standard or prototype
architectural features of such Occupant ("Architectural Features") provided such Architectural
Features are not more than five (5) feet above the permitted height of the Building and the lineal
distance on the Architectural Feature shall not exceed twenty percent (20%) of the total length of
any given elevation of the Building. All mechanical and rooftop equipment shall be set back
from the front of the Building and screened from view by the pazapet.
3.3 Linhting. Exterior lighting and interior lighting reflecting outside shall not be
placed in any manner which shall cause glare or excessive light spillage on a neighboring
Parcel(s) or any property located adjacent to the Project. All free-standing exterior lighting shall
be installed in accordance with the Project Design Standards and approved by the Approving
Owners.
3.4 Self-Park. Each Parcel shall provide adequate parking on its Parcel to comply
with Governmental Requvements for parking without taking into account the parking provided
on any other Parcel, such that each Pazcel shall be self-sufficient for vehicular parking without
variance.
3.5 Outdoor Seating Areas. Subject to Govemmental Requirements, the Occupant
of a Parcel may provide an Outdoor Seating Area located adjacent to or in close proximity to the
Building located on its Parcel, provided the Occupant (a) obtains the prior written approval ofthe
Approving Owners for the location, dimensions and any screening for the Outdoor Seating
Areas, {b) obtains the prior written approval of the Approving Owners for the number, design,
color and location of all umbrellas, tables, seating areas, and other customary items to be located
within the Outdoor Seating Area, {c) maintains the Outdoor Seating Area in a clean and
attractive manner during all periods of use of the Outdoor Seating Area, including but not limited
to (i} daily cleaning and washing of the area and furnishings to maintain the same in a neat and
clean condition free of build up from food spills, dusts, dirt and other substances, (ii) daily
removal of the trash containers, (iii) continuously during business hours cleaning, busing and
wiping the tables and floor areas to keep them free to spills, (iv) steam cleaning the Outdoor
Seating Area as and when the Operator deems reasonably necessazy, and (v} maintaining the
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Common Areas located in the vicinity of the Outdoor Seating Areas free of any debris from the
use of the Outdoor Seating Areas. No furnishings may be stored in the Outdoor Seating Areas
during seasons that it is not in use.
3.6 Grading and Drainage. A Site Plan indicating the proposed grading and
drainage of a Parcel must be approved by the Approving Owners before any construction is
initiated. Parcel grading shall be kept to a minimum and Buildings are to be located for the
preservation of the existing grade(s) and any grade(s), berms or swales should be an integral part
of the grading design.
3.7 Anoroval of Improvements. No Owner or Occupant shall commence or permit
the commencement of construction of any Improvement or alter any Improvement located on
such Owner's Parcel without the prior written approval of the Submittal Plans {as defined below)
by the Approving Owners. Approval of the Submittal Plans by the Approving Owners shall be
based, among other things, on the Approving Owner's commercially reasonable judgment that
the proposed Improvements will produce and contn~bute to an orderly and aesthetically
complementary design and appearance consistent with the Project Objectives and the Project
Documents, including but not limited to consideration of the: adequacy of the Parcel
dimensions; conformity and harmony of location and external design of the other Improvements
in the Project; the conformity of the Submittal Plans with the requirements of this Declaration
and the Project Design Criteria, the relationship of the topography, grade, finished ground
elevation and landscaping of the Parcel being improved to that of neighboring Parcels; proper
facing of the main elevation with respect to nearby streets; the relation of the floor elevations to
flood elevations as defined by Governmental Requirements; the advancement of the Project
Objectives; and such other matters reasonably determined by the Approving Owners to be
necessary to maintain the Project in a manner consistent with the Project Objectives
(collectively, "Approval Standards"). The Approving Owners shall not arbitrarily or
unreasonably withhold its approval of the Submittal Plans if the Submittal Plans conform to the
Approval Standards. The Approving Owners may authorize variances from compliance with the
requirements or wnditions of the Projective Objectives or Project Documents or any prior
approval when, in the sole discretion of the Approving Owners, circumstances such as
topography, natural obstructions, aesthetics or environmental considerations or hardship may so
require. The Approving Owners shall have the right to consider and grant a variance without
notice to other Owners. If a variance is granted, no violation of the Project Objectives or Project
Documents or the prior approval thereunder shall be deemed to have occurred with respect to the
matter for which the variance was granted. The granting of such variance shall not operate or
waive any of the terms and provisions of Project Objections or Project Documents except as to
the particular subject matter of the variance thereof and the specific Parcel covered thereby.
3.7.1 Submission of Materials. To request approval from the
Approving Owners for the construction, alteration, modification, removal or demolition of any
Improvements located on a Parcel, the Owner thereof shall submit a written request for approval
accompanied by the following materials (collectively, "Submittal Plans"} which shall be
prepared in accordance with acceptable architectural standards:
3.7.1. l Site Plan showing the location of all Improvements on the
Parcel, including but not limited to Building Area, Service Facilities, Outdoor Seating Areas,
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Common Area improvements, parking areas, stacking areas, exterior lighting, driveways, access
ways, sidewalks, fences and walls, drainage, setbacks, curb cuts, and other pertinent information
related to the Improvements.
3.7.1.2 Building plan which shall consist of (i) location of the
Building, Outdoor Seating Areas and Service Facilities within the Building Area, (ii) the Floor
Area and height of the Building (including any Architectural Features), (iii) elevation drawings
of all sides of the Building (including any Architectural Features, rooftop mechanical equipment,
parapet or screening from all sides of the Building), (iv) detailed exterior specifications which
shall indicate, by sample if required by the Approving Owners, all exterior colors, materials and
finishes, including roof to be used, and {v} location, design, size and screening related to any
Outdoor Seating Areas, Service Facilities and Communication Facilities.
3.7.1.3 Landscape plan which shall consist of plans showing (i)
the location, type and size of trees, plants, ground cover and shrubs, {ii} the location and type of
any harming, mounding, grading drainage, and (iii} the location and nature of the irrigation or
sprinkler facilities.
3.7.1.4 Sign plan for all Parcel Signs, exterior building signs and
other signs visible from the exterior of the Building showing the location, design, size, height
and number of panels (as to the Parcel Sign) of all signs to be located on the Parcel.
3.7.2 Procedure for AaprovaL The Approving Owners shall have
thirty (30) days after receipt of the Submittal Package to review the Submittal Package. The
decision of the Approving Owners (i) can be in the form of an approval, a conditional approval
or denial, (ii) shall be in writing signed by the Approving Owners, and (iii) shall be mailed to the
Owner at the address shown on the Submittal Package ("Review Notice"}. The Review Notice
shall state that the Submittal Package was approved, or in the case of a conditional notice, the
particular conditions upon which the Submittal Package is approved, or in the case of a denial,
the particular reasons for such denial. If the Approving Owners deny the Submittal Package, the
party submitting such Submittal Package ("Submitting Owner") may modify the Submittal
Package and resubmit the Submittal Package to the Approving Owners. Thereafter, the
Approving Owners shall have fifteen (15} days to review the modified Submittal Package. Ifthe
Approving Owners fail to deliver the Review Notice during the periods specified above and the
Submitting Owner delivers a reminder noticc ("Reminder Notice") to the Approving Owners
advising of its failure to provide the Review Notice and further advising it/them that failure to
respond within fifteen (15) days of the delivery of such Reminder Notice shall be deemed
approval of the Submittal Package, then, unless the Approving Owners provides the Review
Notice within such fifteen (15) day period, such Submittal Package shall be deemed approved.
The approved (or deemed approved) Submittal Plans shall constitute the "Approved Plans".
3.7.3 Construction of Improvements. Each Owner shall construct the
Improvements on its Parcel in accordance with the Approved Plans. No changes, alterations,
deletions or modifications shall be made to the Improvements from that shown on the Approved
Plans without the prior written consent of the Approving Owners.
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3.7.4 Effect of Review. The Approving Owners shall not be responsible
for reviewing, nor shall its approval of any Submittal Package be deemed an approval from the
standpoint of structural safety, architectural or engineering design or conformance with building
or other Governmental Requirements. As a result of the approval of a Submittal Package, the
Approving Owners shall not be liable for any damage, loss or prejudice suffered or claimed by
an Owner or Occupant or any successor in interest to an Owner or Occupant.
3.7.5 Inseection and Violations. The Approving Owners may, but
shall not be obligated to, inspect any Improvements within the Project at anytime for the purpose
of determining whether the Owner is proceeding with construction of such Improvements in
accordance with the Approved Plans. Should the Approving Owners determine that there has
been a deviation or violation of the Approved Plans, the Approving Owners may, but shall not be
obligated to, issue a notice in writing thereof to the Owner and demand that the Owner
immediately cease the activity which constitutes a deviation or violate, and or the immediately
take corrective measures.
3.8 Improvements. Once construction of any Improvement has been commenced,
the Owner of such Parcel agrees to thereafter diligently prosecute to completion the construction
of such Improvements to completion. Each Owner and Occupant shall, with respect to any
Improvements constructed by such Owner or Occupant, construct the same, at such Owner's or
Occupant's sole cost and expense, in a good and workmanlike manner, free of mechanics' or
materialmen's liens, and in compliance with the Approved Plans, all Governmental
Requirements and this Declaration. Each Owner and Occupant shall at all times maintain its
Parcel and the Improvements thereon in a clean and neat condition, free of dust, vermin or debris
and shall keep all grass and landscaping located on its Parcel, if any, properly mowed, trimmed
and irrigated.
3.4 Communications Equipment. Subject to Governmental Requirements, Project
Design Guidelines, and the requirements of this Declaration, an Owner shall have the right to
install, maintain, repair, replace and remove Communications Equipment (defined below) on the
top of the Building on its Parcel provided: (i) the height of such Communications Equipment
does not extend above the height limits established above, (ii) the Communication Equipment is
set back from the front of the Building and screened from view by the parapet. As used herein,
the phrase "Communications Equipment" means such things as satellite and microwave dishes,
antennas and laser heads, together with associated equipment and cable, which are for the sole
use of the Occupants conducting business in such Building.
3.10 Construction of Parcel Common Area. Prior to any Owner's use or occupancy
of any Building on its Parcel, such Owner shall complete construction of all Improvements to the
Parcel Common Area on its Parcel in accordance with Governmental Requirements and the
Approved Plans.
3.11 Interference by Construction. Each Owner agrees that any construction work
(including but not limited to Utility Line Work) to be undertaken by it or its Occupants shall be
performed (i) so as not to cause any unreasonable increase in the cost of constructing the
remainder of Project or any part thereof, (ii) so as not to unreasonably interfere with any
construction work being perfonned on the remainder of Project, or any part thereof and (iii) so
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as not to unreasonably interfere with and minimize disruptions of the access to, use, occupancy
or enjoyment of the remainder of Project or any part thereof by the other Owners and the
Permittees of the other Owners. All storage of materials and the parking of construction
vehicles, including vehicles of workers, shall occur only on the constructing Owner's Parcel
unless the prior written consent of the Operator and the Owner of the Parcel on which staging
will occur is obtained, provided that such restriction shall not apply to Declarant. Any damage
occurring to any portion of Project as a result of such construction work shall be the
responsibility of the Owner performing such construction work or causing such construction
work to be performed and shall be repaired by such Owner, at such Owner's sole cost and
expense, to the same condition as existed immediately prior to such work promptly upon the
completion of such construction work. During the course of any construction, the Person
undertaking such work, at its sole cost, shall (a) make adequate provisions for the safety and
convenience of all Permittees, (b) control dust, noise and other effects of such work using
methods commonly utilized to control such effects associated with construction projects, and (c)
promptly remove all dirt and debris.
3.12 Construction Indemnities. Each Owner covenants and agrees to indemnify,
protect, defend and hold harmless the other Owners from and against all Claims arising from or
related to any construction activities undertaken by such Owner or its Permittees.
3.13 Cost of Construction. Except as otherwise set forth in this Declaration, or in a
separate written agreement between Declarant and the Owner(s), each Owner shall be
responsible for the cost and expense of all Improvements to be constructed on its Parcel.
3.14 Sims. Each Owner shall comply with all applicable Governmental Requirements
and the Signage Criteria with respect to the erection and maintenance of any Parcel Sign and/or
signs placed on the exterior of the Building, unless otherwise approved by the Approving
Owners.Parcel Sinn. Subject to any necessary governmental approvals to be obtained by the
Owner at the Owner's expense, the Owner of each Parcel shall be entitled to erect a freestanding
monument sign on its Parcel in the location shown as "Parcel Sign" on the Site Plan, or on
another Parcel if approved by the Approving Owners ("Parcel Sign"). The Parcel Sign shall
only display the designation of the Occupant(s) of such Parcel, unless otherwise approved by the
Approving Owners as a multi-panel signor for installation on another Parcel as described above.
3.14.2 Submission of Signaee Plans. Prior to constructing, altering or
replacing any exterior building signs or any Parcel Sign on its Parcel, the Owner or Occupant
shall submit a Signage plan showing the location, height, dimensions, design and other
information deemed necessary by the Approving Owners to review the proposed Parcel Sign and
exterior building Signage ("Signage Materials").
3.14.3 Procedure for Approval. The Signage Materials shall be
submitted and reviewed in the same manner as specified for the Submittal Package above.
3.14.4 Signage Restrictions. Notwithstanding anything contained herein
to the contrary, if permitted by the Governmental Regulations and the Signage Criteria, each
Owner shall be permitted to place within the Common Area located on its Parcel a temporary
sign for leasing information and contractors working on a construction jab.
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3.14.5 Sign Maintenance. Each Owner shall operate, maintain and
repair, in a clean, sightly and safe condition, the Pazcel Sign, exterior building signs and all other
signs, including components thereof, located upon its Parcel.
ARTICLE 4
USE RESTRICTIONS
4.1 Use in General. The Pazcels within the. Project shall be used only for purposes
that are consistent with the Project Objectives. The Supplemental Declaration -Section Property
may further limit or restrict the use of some or all of the Parcels within the Section Property
covered by such Supplemental Declaration.
4.2 Prohibited Uses. No use shall be permitted in the Project which is inconsistent
with the Project Objectives or for any of the following purposes:
4.2.i any indecent or pornographic uses, massage parlor, an adult type
bookstore or other establishment selling, displaying or exhibiting "obscene" materials; provided,
however, that this restriction does not apply to the sale of any book by a place of business selling
a general range of books, or the sale or rental of any movies or other media by a place of
business selling or renting a general line of movies or other media.
4.2.2 any head shop store or any other similar store or club; and any business
devoted to sale of articles or merchandise normally used or associated with illegal or unlawful
activities, including, without limitation, the sale of paraphernalia used in connection with illegal
or controlled drugs or substances;
4.2.3 a mobile home or trailer court, junkyard or stockyard; provided, however,
this prohibition shall not be applicable to the temporary use of construction trailers during
periods of construction, reconstruction or maintenance; a landfill, garbage dump or facility for
the dumping, disposing, incineration or reduction of garbage {excluding Service Facilities); any
gambling establishing, bingo parlor or betting parlor; any mortuary, crematory or funeral home;
establishment for the sale of automobiles, trucks, mobile homes or recreational vehicles
(excludingvncidental sales in connection with a retail operation)
4.2.4 any use which emits an offensive or obnoxious odor (excluding normal
operations of permitted uses}, fume, dust or noise; or any warehouse (excluding a warehouse
used in connection with a retail operation);
4.2.5 any assembly, manufacturing, refining, smelting, agriculture or mining
operations;
4.2.b any drilling forand/or removal of subsurface substances;
4.2.7 any fire sale, flea market or second-hand store, "surplus" store, pawn
shop, bankruptcy sale (unless pursuant to a court order} or auction house operation;
4.2.8 any bar, nightclub or tavern, except that alcohol sales not to exceed forty
percent (40%) of gross revenues shall be permitted in connection with a Restaurant.
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Nothing in this Section shall be construed to prohibit storage facilities for sale or lease to
others as a permitted use within the Project.
4.3 Pharmacy Restriction. So long as Parcel 1, as such Parcel is shown on the Site
Plan {Subdivision No.l), is open and operating as a pharmacy or drugstore, no other portion of
the Project shall be used as a pharmacy or drug store ("Pharmacy Restriction"). If such Parcel
is no longer used as a pharmacy or drugstore for a period in excess of six continuous months (so
long as such discontinuance is not due to remodeling, fire, casualty, repairs, strike, temporary
loss of licenses, or other causes beyond the Owner's control), then the above restriction
pertaining to such discontinued use shall be waived. The Pharmacy Restriction shall not apply to
the following in the Project: (i) a national chain supermarket or grocery store, or (ii) any Owner
or Occupant which occupies 50,000 square feet of Floor Area or more. So long as the Pharmacy
Restriction is in effect, no cross-access easements will be granted to any property adjacent to the
Project.
4.4 Use of Common Areas. Except as expressly set forth in this Article 4, and
subject to all other terms, limitations and conditions hereof and all Governmental Requirements,
the Common Area, without regard to the ownership thereof, may only be used for the following
purposes: the parking of passenger vehicles and the pedestrian and vehicular traffic of all
Permittees of such Parcel; the ingress and egress of all Permittees and their vehicles to any and
from any portion of the Common Area and the public streets adjacent to the Common Area; the
installation, operation, maintenance, repair, replacement, relocation and removal of the Project
Common Area improvements and Utility Lines; pedestrian and vehiculaz movement by
Permittees to and from adjacent streets and between businesses located or to be located within
the Project; construction, replacement, reconstruction, maintenance and repair of parking lots or
stalls, Outdoor Seating Areas, sidewalks, driveways, lanes, curbs, directional and other signs,
gutters, traffic control areas, traffic islands, traffic and parking lighting facilities, bicycle racks,
perimeter walls, mall or landscaped areas, including planters, planting boxes, edgers, fountains,
valves and customer conveniences, such as mail boxes, public telephones and benches for the
comfort and convenience of Permittees; and the ingress and egress of delivery and service trucks
and vehicles for the delivery of goods, wares, merchandise and the rendering of services to all
Owners and Permittees.
4.5 Use of Sidewalks. P~rkina Areas. Except as may be expressly permitted in a
Supplemental Declaration for a Section, and subject to all other teens, limitations and conditions
hereof and all Governmental Requirements, the sidewalks and parking areas on each Parcel,
without regard to the ownership thereof, may only be used for the following purposes:
4.5.1 The Occupant of a Building may use the sidewallcs located
directly in front of such Occupant's Building for the sale of merchandise, provided that {i) no
more than fifty percent (50%) of the sidewalk area within the Parcel of the Occupant is used for
such activities, (ii) use of the sidewalks does not materially and adversely impair pedestrian
circulation or access to the Building, (iii) such activities aze permitted by the Governmental
Requirements, (iv) such Occupant promptly removes all refuse and cleans the sidewalk area
during and after such activities, does not store merchandise or equipment after-hours, (v) such
activities occur for short periods and on an occasional basis, and (vi) such Occupant complies
with all rules and regulations imposed by the Operator from time to time.
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4.5.2 No merchandise, equipment or services (including, but not
limited to, kiosks, display tables, espresso carts, pushcarts, vending machines, ATM machines,
promotional devices and similar items), shall be displayed, offered for sale or lease, or stored
within the Common Area (except for permitted sidewalk activities and Outdoor Seating Areas),
unless the prior approval of the Approving Owners and Operator have been obtained.
4.5.3 No structure of a temporary character, or similar equipment shall
be permitted to remain within the Common Area, except permitted Outdoor Seating Areas and
construction trailers utilized in the course of constructing Improvements so long as construction
activities are being diligently pursued to completion and are in conformance with the
requirements of this Declaration.
4.6 Emalovee. Contractor Parking. Each Owner shall use commercially reasonable
efforts to cause the employees and contractors of the Occupants of its Parcel to park their
vehicles only on such Parcel. The Operator may, but shall not be obligated, to ticket and fine
any employees andlor contractors that park vehicles on the Parcel of another Owner.
ARTICLE 5
MAINTENANCE OF IMPROVEMENTS
5.1 Maintenance of Building by Owners. Each Owner, at its own expense, shall
maintain the Buildings, Outdoor Seating Areas and Service Facilities on its Parcel in first class
condition of maintenance and repair, including without limitation, keeping all exterior surfaces
of any Building painted, washed and cleaned regularly, keeping all Outdoor Seating Areas and
Service Facilities clean, and keeping all trash and rubbish removed from the exterior of the
Building and the Service Facilities. Pending the construction of the Building, each Owner shall
keep its Parcel in a neat condition and shall not permit an unreasonable accumulation of rubbish
and debris and shall keep weeds cut.
5.2 Owner's Maintenance Obligations for Parcel Common Area. Each Owner, at
its sole cost, shall at all times maintain the portions of the Parcel Common Area located behind
the curb line adjacent to the Building ("Back of Curb Area") and the replacement of all Parcel
Common Area improvements {collectively, "Owner Maintenance Obligations"), including but
not limited to the following:
5.2.1 Maintaining, repairing, replacing, cleaning, sweeping and washing (as
appropriate) the Back of Curb Area so as to keep it in afirst-class, clean and orderly condition;
5.2.2 Operating, maintaining, repair and replacing, when necessary, and
providing electricity for artificial lighting facilities located on such Parcel, and keeping such
Parcel fully illuminated at least from dusk until 10:00 pm each day and at least fifteen percent
(15%) of the lighting on from 10:00 pm until dawn each day, or such other times as may be
designated by the Operator from time to time; and
5.2.3 Replacing all asphalt, paved surfaces and sidewalks located within the
Parcel Common Area, including those within the Back of Curb Area, in a manner consistent with
similar improvements in the Project and replacing all Utility Lines serving such Parcel.
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5.3 Maintenance Standards. The Project Common Area and the Parcel Common
Area shall be maintained in a first class condition of maintenance and repair and in compliance
with all Governmental Requirements and this Declaration, including but not limited to
(collectively, "Maintenance Standards"):
5.3.1 Maintaining, repairing, seal coating, cleaning and sweeping all Common
Area, to the extent necessary to keep the Common Area in afirst-class, clean and orderly
condition, keep the paved surfaces in a level, smooth and evenly covered condition with the type
of surfacing material originally installed or such substitute as shall in all respects be equal or
superior in quality, use and durability; and providing security if Operator deems it necessary;
5.3.2 Removing all snow, papers, debris, filth and refuse and thoroughly
sweeping the area to the extent reasonably necessary to keep the area in a clean and orderly
condition;
5.3.3 Maintaining and repairing, when necessary, all signs, traffic directional
signs, markers and lines;
5.3.4 Maintaining and watering all landscaped areas; maintaining, repairing and
replacing, when necessary, automatic landscape sprinkler systems and water lines; and replacing
shrubs and other landscaping as is necessary.
5.4 Maintenance by Operator. The Operator shall operate, maintain and replace the
Project Common Area commencing on the date this Declaration is recorded. The Operator shall
maintain the Parcel Common Area on the first day ofthe month following substantial completion
of the improvements on each Parcel. To the extent caused by the Operator, the Operator agrees
to indemnify, defend and hold harmless each Owner from and against any and all claims
resulting from the willful misconduct or gross negligence of the Operator in performing its
obligations under this Section 5.4.
5.5 Right to Perform Parcel Common Area Maintenance Seaarately.
5.5.1 Self-Maintenance Election. Unless otherwise provided in a
Supplemental Declaration, any Owner may, at any time and from time to time, upon at least sixty
(60) days' prior written notice to the Operator and the other Owners, elect to assume the
Operator's obligations to perform the Parcel Common Area Maintenance on such Owner's
Parcel ("Self-Maintain") In the event of any Owner elects to Self-Maintain, such Owner shall
no longer contribute the Parcel Common Area Maintenance Expenses attributable to the Parcel
Common Area for such Parcel, and shall perform the Parcel Common Area Maintenance for its
Parcel at its sole cost and expense and in a manner and to the Maintenance Standards set forth
above. Regardless of an election to Self-Maintain, each Owner shall continue to pay the Project
Common Area Expenses for the Project Common Area attributable to its Parcel. Any such
Owner may also elect to terminate its election to Self-Maintain by giving at least sixty (60) days'
prior written notice to the Operator and Approving Owners, in which event (i) the Operator shall
resume its duties with respect to the Parcel Common Area Maintenance on such Parcel, and (ii)
the Owner of such Parcel shall pay to the Operator the costs attributable to such Parcel.
Anything in the preceding sentence to the contrary notwithstanding, the Owner terminating its
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election to Self-Maintain shall return the Parcel Common Area to the Operator in the same
quality and condition as the Parcel Common Area in the remainder of the Project, any failure of
which shall be corrected at the sole cost and expense of said Owner.
5.5.2 Indemnity. The Owner of any Parcel electing to Self-Maintain
agrees to indemnify, defend and hold harmless the Operator and the Owners from and against
any and all Claims resulting from the willful misconduct or negligent act or omission of the
indemnifying Owner, its agents, contractors or employees in performing (or failing to perform)
the Self-Maintenance obligations.
5.6 Operator.
5.6.1 a tor. The Declarant shall, upon recordation of this
Declaration, be Operator until it resigns or is replaced pursuant to Article 6. The Operator shall
have and is hereby given the full right and authority to perform its obligations hereunder.
5.6.2 Anoointment of New Operator. Operator shall have the right, at
any time, upon at least thirty (30) days prior written notice ("Resignation Notice") to the
Approving Owners, to cease performing the duties of the Operator, and the Approving Owners
shall appoint a new Operator who shall be an Owner or Occupant of a Parcel to perform the
obligations of Operator hereunder. In addition, if all of the Approving Owners determine that
the Operator is not performing its duties as provided under this Declaration and provide written
notice thereof to Operator specifying in reasonable detail the basis for the claims of non-
performance by the Operator, and the Operator fails to correct such deficiencies within thirty
(30) days after notice thereof signed by or on behalf of all of from the Approving Owners, or, if
such failure cannot reasonably be cured within thirty (30) days, fails to commence to cure and
diligently pursue the same to completion, then the Operator may be replaced or removed by a
decision of the Approving Owners and written notice to the Operator. The designation of any
Operator as provided for hereinabove shalt be binding upon all of the Owners. The term of the
new Operator shall continue until the earlier to occur of (i) the appointment of a new Operator,
(ii) the date the Operator is no Longer the Owner or Occupant of any Parcel in the Project, or
(iii) sixty (60) days after the Operator submits a Resignation Notice.
5.6.3 No Ouerator. In the event of the termination or expiration of this
Declaration and;'or during any period of time when no Owner is performing the duties of
Operator and no replacement Operator has been appointed as provided above, each Owner shall
have the obligation to maintain the Improvements to the Common Area located on its Parcel, at
its sole cost and expense, in a manner consistent with the provisions of this Declaration.
5.6.4 Affiliates. The Operator may hire companies affiliated with it or
third party companies to perform its maintenance obligations hereunder, provided that the
payment to such affiliate or third party company shall not be in addition to the Administrative
Fee.
5.6.5 Limitation of Liability. At such times as the Operator ceases to
have an obligation to perform the duties and obligations described herein, such Operator shall
cease to have any liability or responsibility for any acts, events, or circumstances occurring
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subsequent to and not as a result of its performance or .non-perfornance of its duties or
obligations while Operator.
5.7 Taxes. Each Owner shall pay directly to the tax collector when due the real
property taxes and other special taxes and assessments (`"Taxes"} assessed against the Owner's
Pazcel, including the portion of the Common Area located on such Owner's Parcel; subject,
however, to the right of any such Owner to contest the amount or validity of all or any part of the
Taxes. If an Owner fails or refuses to pay such Taxes, then the Operator or any other Owner
shall have the right to pay such Taxes on behalf of such Owner and shall have all rights and
remedies provided in Article 9, including but not limited to the right to file a lien for the amount
of Taxes paid by such curing Owner.
ARTICLE 6
COVENANT TO PAY
PROJECT EXPENSES
6.1 Covenant to Pav Proportionate Share of Project Expenses. Each Owner
hereby agrees to pay to the Operator its proportionate share of Project Expenses ("Proportionate
Share of Project Expenses") based on land azea of such Owner's Pazcel as compared to the total
land azea of all Parcels in the Project, provided that to the extent any Project Expense benefits
only a portion of the Parcels in the Project, such as panels on a Project Sign as contemplated in
Section 1.37, then such Project Expenses shall be allocated, based on land area or other equitable
allocation, between the Pazcels benefitted by such Project Expense. Notwithstanding the above,
however, if an Owner elects to Self-Maintain, it shall assume its Parcel Common Area
Maintenance Expenses and its Proportionate Share of Project Expenses shall consist of only
Project Common Area Maintenance Expenses. The Approving Owners may, from time to time,
execute and record a Supplemental Declaration for purposes of stating the land area of all Parcels
in the Project, the land area of each Parcel and the Proportionate Share of Project Expenses
and/or Pazcel Expenses allocated to each Parcel. The Project Expenses shall include an
administrative and management chazge ("Administrative Fee") provided that the amount of
such Administrative Fee shall be approved by the Approving Owners and shall be in such
amount as is customary, from time to time, for similaz fees to manage a first class mixed use
project in the geographic area in which Project is located. In the event an Owner elects to Self-
Maintain, the Administrative Fee shall be assessed based on the Project Common Area
Expenses, nat all Project Expenses. The Administrative Fee shall be paid to the Operator. The
Administrative Fee shall be included in Project Expenses, or any portion thereof, without further
reference.
6.2 Payment of Proportionate Share of Project Expenses.
6.2.1 Commencement of Obligations. The obligations of each Owner
to pay its share of Project Expenses shall commence upon the recordation of this Declazation.
The obligation of each Owner to pay its share of Parcel Maintenance Expenses shall continence
on the date the Operator commences performing the Pazcel Common Area Maintenance on such
Parcel.
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6.2.2 Bud e . Operator shall use its reasonable efforts to provide its
services on a cost effective basis consistent with other first class projects in the same geographic
area. The Operator shall provide to each Owner, within sixty (60) days prior to the beginning of
each calendar year, a Budget for the Parcel Maintenance Expenses for the following calendar
year {"Budget"}. The Budget of estimated expenses shall be based on the prior year's expenses,
taking into account anticipated increases to such amounts, or if no prior year's expenses are
available, then on Operator's reasonable estimate of the cast. The Operator shall reasonably
estimate such costs for any partial year. Operator shall have the right to make unexpected or
emergency repairs or incur additional unexpected costs which are not included in the Budget.
Operator may submit a supplemental billing to each Owner, together with evidence supporting
such payment, and each Owner shall pay its Proportionate Share thereof within thirty {30) days.
6.2.3 Payment. Each Owner shall pay to the Operator, in equal monthly
payments in advance an the first day of each month, the Parcel Maintenance Expenses allocable
to such Owner's Parcel based upon the amount set forth in the Budget. No offsets against any
amounts due for an Owner's Parcel Maintenance Expenses shall be permitted for any reason,
including, without limitation, a claim that the Operator is not properly exercising its duties of
maintenance, operation or enforcement. Within approximately one hundred twenty (120) days
after the end of each calendar year, Operator shall provide each Owner with a written ("Annual
Statement") (and upon request, supporting invoices and backup materials), setting forth the
actual Project Expenses and actual Parcel Maintenance Expenses (collectively, "Annual
Expenses") incurred by the Operator for the performance of its obligations hereunder and the
Annual Expenses allocated to such Owner. If the amount paid by an Owner for such calendar
year shall have exceeded the Annual Expenses allocated to such Owner, the Operator shall, at its
option, refund by check the excess to the Owner owning such Parcel at the time the Annual
Statement is delivered or apply the overpayment of the Annual Expenses to the expenses due for
the following year, or if the Annual Expenses paid by an Owner as stated in the Annual
Statement shall be less than the Annual Expenses owed by such Owner, then the Owner shall pay
the balance of the Annual Expenses to Operator within thirty {30} days after receipt of such
Annual Statement. Notwithstanding the foregoing, failure of the Operator to provide the Annual
Statement within such 120-day period shall not release an Owner from its obligations to pay any
amounts due upon issuance of the Annual Statement.
6.2.4 Insuectian Rights. Far a period of one (1) year after receipt of a
the Annual Statement, any Owner, at its own expense, shall have the right, by written notice to
Operator ("Inspection Notice") to inspect the Operator's books and records pertaining to the
expenses for the calendar year shown on the Annual Statement. Failure to provide the Inspection
Notice within one (1) year after the date of the Annual Statement shall be deemed to be such
Owner's approval of the Annual Expenses shown in the Annual Statement. The Inspection
Notice must designate the date of the proposed inspection, which shall be not less than fifteen
(15) days after the date of the Inspection Notice. The Owner performing such inspection shall
provide the Operator with a written notice of any discrepancy discovered during such inspection
(together with backup documentation) and the amount of such claimed discrepancy
("Discrepancy Notice"). The Discrepancy Notice shall be given within thirty (30) days after the
date the inspection occurs. The Operator shall have thirty (30} days after receipt of the
Discrepancy Notice to respond to such matters. The parties shall use commercially reasonable
efforts to resolve any disputes regarding the matters set forth Discrepancy Notice and the
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Operator's response. Any overpayment or underpayment of Annual Expenses shall be handled
in the manner provided above.
6.2.5 Late Payment. If an Owner shall fail to pay such Owner's Parcel
Maintenance Expenses or any other amounts due under this Declaration, within thirty (30) days
after the due date therefor, then (i) a late charge in the amount of ten percent (l0%) of the
delinquent amount, (ii) interest charged at the Default Interest Rate commencing from the date of
delinquency, and (iii) reasonable costs of collection, including attorneys' fees and costs
(collectively, "Delinquency Charges"}, shall be levied by the Operator against such Owner. In
addition, Operator shall be entitled to file a lien and recover its attorney's fees as provided in
Article 9 below.
ARTICLE 7
INSURANCE
7.1 Owner's Liability Insurance. Each Owner shall procure and maintain (or cause
to be procured and maintained} in full force and effect throughout the term of this Declaration
commercial general liability insurance ("CGL"} insuring against all claims for personal injury,
death or property damage occurring upon, in or about the Owner's Parcel, with combined single
limits of at least Two Million Dollars {$2,000,000.00) in Constant Dollars per occurrence for
each other Owner, which insurance shall include broad form blanket contractual coverage
covering the insured's obligations hereunder. In no event shall the limits of any CGL maintained
by any Owner pursuant to this Declaration be considered as limiting such Owner's liability under
this Declaration.
7.2 Proaerty Insurance. At all times during the term of this Declaration, each
Owner shall keep (or cause to be kept) the Improvements on its Parcel (including the Common
Area on its Parcel) insured against loss or damage by fire and other perils and events as may be
insured against under a special form commercial Property insurance coverage policy (or its
equivalent) for the full replacement cost of the insured Improvements {"Property Insurance"),
with a deductible no greater than ten percent (10%) of replacement costs, subject to the self-
insurance described below. The full replacement cost shall mean the cost to replace such
Improvements, without deduction for depreciation or wear and tear, including costs attributable
to improvements or upgrades required by changes in laws and regulations governing zoning,
public access and accommodation, work place conditions, public health or safety or other
matters, and shall include to the extent reasonably attainable a reasonable sum for architectural,
engineering, legal, administrative and supervisory fees connected with the restoration or
replacement.
7.3 ('enerai Requirements.
7.3.1 The CGL insurance provided maintained by or on behalf of each
Owner shall name the Operator and the other Owners (upon written request} as an additional
insured as its respective interests may appear. The Property Insurance provided maintained by or
on behalf of each Owner shall name the Operator and the other Owners (upon written request) as
a loss payee, as its respective interests may appear. Each Owner shall furnish to the Operator or
any Owner requesting the same, a certificate(s) of insurance, or statement ofself-insurance, as
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the case may be, evidencing that the CGL and Property Insurance required to be carried by such
Owner is in full force and effect. Unless otherwise approved by the Approving Owners, all
insurance required hereunder shall (i) be an occurrence basis policy {or policies); (ii) be issued
by an insurance company having a General Policyholders Rating of A- or better and a financial
size of "VII" or better, as set forth in the most current issue of Best's Rating Guide, or equivalent
rating and licensed to do business in the State; (iii) be primary insurance as to all claims
thereunder; (iv) with respect to the CGL insurance, contain across-liability endorsement or
severability of.interest clause; (v) provide that the policy shall not be cancelled or reduced in
amount or coverage below the requirements of this Declaration or allowed to expire, without at
least thirty {30} days prior written notice by the insurer to each insured and to each additional
insured; (vi) provide that an act or omission of one of the insureds or additional insureds which
would void or otherwise reduce coverage, shall not reduce or void the coverage as to the other
insureds; and (vii) shall provide for contractual liability coverage with respect to the indemnity
obligation set forth herein.
7.3.2 Each policy of insurance described herein shall contain a waiver
by said insurer of any and all rights of subrogation against each Owner, and their respective
officers, employees, agents, associates and representatives. Said insurance policy shall provide
that it may not be canceled, suspended or avoided in whole or in part by any reason of any act,
omission or breach of any covenant, condition or restriction contained herein.
7.4 Self-Insurance. Notwithstanding anything to the contrary contained in this
Article 7, so long as the tangible net worth of an Owner or Occupant exceeds One Hundred
Million Dollars {$100,000,000.00) in Constant Dollars and such Owner or Occupant presents
audited financial statements to the Approving Owners (upon request therefor) certifying such
tangible net worth, then such Owner or Occupant shall have the right to retain the financial risk
for all or part of any claim for damages. Such Owner or Occupant shall deliver (upon request
therefor) a letter to the Approving Owners and Operator indicating the same. Notwithstanding
the foregoing, if such Owner or Occupant is a publicly traded company on a nationally
recognized exchange, in Lieu of an audited financial statement, such Owner may present to
Operator SEC filings showing that such Owner or Occupant meets the tangible net worth
requirement set forth above.
7.5 Blanket and Excess Insurance. Any insurance required to be carried pursuant to
this Article 7 may be carried under a policy or policies covering other liabilities and locations of
an Owner; provided, however, that such policy or policies apply to the Pazcels required to be
insured by this Article 7 in an amount not less than $5,000,000 in Constant Dollars or if such
blanket CGL policy or policies shall not have a per location general aggregate of at least
$5,000,000 in Constant Dollars, then such insuring Owner shall also maintain excess liability
coverage necessary to establish a total liability limit of $20,000,000 in Constant Dollars. Such
limits may also be satisfied through a combination of primary and excess policies.
7.6 Release. Each Owner (the "Releasing Owner") hereby releases and waives for
itself and each Person claiming by, through or under it, each other Owner (the "Released
Owner") from any liability for any loss or damage to property of such Releasing Owner located
upon any portion of Project, which loss or damage is of the type for which property insurance is
required to be maintained under this Article 7, but only to the extent such loss or damage is
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actually covered by insurance irrespective either of any negligence on the part of the Released
Owner which may have contributed to or caused such loss, or of the amount of such insurance
required or actually carried, including any deductible or self-insurance reserve. Each Releasing
Owner agrees to use its reasonable efforts to obtain, if needed, appropriate endorsements to its
policies of insurance, and to the policies of inswance carried by its Occupants, with respect to
the foregoing release;. provided, however, that failure to obtain such endorsements shall not
affect the release hereinabove given.
7.7 Indemnification. To the extent not covered by the insurance required to be
carried hereunder, each Owner shall indemnify, protect, defend and hold the other Owners and
Operator harmless from and against any and all Claims arising from injury or death to person or
damage to the Project that occurs on the indemnifying Owner's Parcel as a result of the actions
of such indemnifying Owner or Operator, except to the extent attributable to the negligence or
willful misconduct of such other Owner. An Owner shall not be entitled to such indemnification
for: (i) any damage caused to such Owner or the Operator by reason of its own negligence or
willful misconduct, and {ii) any Claims arising from any matter covered by the indemnitee's
indemnity obligations under this Declaration.
ARTICLE 8
DAMAGE
8.1 Restoration of Common Area. In the event of the destruction and damage to
any extent to the Improvements to the Common Area (either Project Common Area or Parcel
Common Area) located on a Parcel, the Owner of such Parcel shall diligently commence and
pursue completion of the repair or restoration. As to any damage or destruction to Project
Common Area, the Owner of such Pazcel shall be obligated, at its cost, to restore and reconstruct
such Project Common Area to at least as good a condition as it was in immediately prior to such
damage or destruction.
8.2 Restoration of Buildwg~. In the event of damage to or destruction of the
Building(s) on an Owner's Parcel, such Owner may, but shall not be obligated to, restore and
reconstruct such Building(s) (to the extent applicable under this Declaration) in accordance with
the requirements of this Declaration. In the event an Owner so elects, such Owner shall restore
and reconstruct such Building(s) to at least as good a condition as it or they were in immediately
prior to such damage or destruction. All such restoration and reconstruction shall be performed
in accordance all Governmental Requirements and the applicable requirements of this
Declazation.
8.3 Clearing of Premises. Whenever an Owner elects not to restore, repair or rebuild
a Building(s) that has or have been damaged or destroyed, such Owner, at its sole cost and
expense, shall promptly (i) raze such Building(s) or such part thereof as has or have been
damaged or destroyed, (ii) clear the premises of all debris, and (iii) all areas not restored to their
original use shall improved with, at the option of the Owner of such Parcel, either landscaping or
pavement of like standard and design as the Common Area, as applicable, and maintained in a
clean, orderly and sightly manner.
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ARTICLE 9
REMEDIES
9.1 Le aP~l Action Generally. if any Owner breaches any provision of this
Declaration, then the Approving Owners or any other Owner {"Enforcing Owner") may
institute legal action against the defaulting Owner (or any defaulting Occupant} for specific
performance, injunction, declaratory relief, damages, or any other remedy provided by law. All
remedies herein or at law shall be cumulative and not all-inclusive. As used herein, any
reference to rights or remedies "at law" or `finder applicable law" shall also include any rights or
remedies `tin equity". As used in Sections 9.1, 9.2, 9.3, 9.7, 9.8, and 9.9, "Enforcing Owner",
"Defaulting Owner", and/or a "Non-Defaulting Owner", shall also be deemed to include the
Operator.
9.2 Iniuncttve and Declaratory Relief. In the event of any violation or threatened
violation by any Owner or Occupant of any of the terms, covenants, conditions, and restrictions
herein contained, in addition to any other remedies provided for in this Declaration, the
Enforcing Owner shall have the right to enjoin such violation or threatened violation and to bring
an action for declaratory relief in a court of competent jurisdiction.
9.3 Owner's Right to Cure or Abate. If any Owner (a "Defaulting Owner"}
violates any covenant, condition or restriction contained in this Declaration (including, without
limitation, the obligation to pay Operator for the Parcel Maintenance Expenses and/or the
obligation to maintain its Parcel), or permits or suffers any Occupant of its Parcel to violate any
covenant, condition or restriction of this Declaration, then, in addition to any other remedy
provided for in this Declaration, an Enforcing Owner (each or together, as applicable, the "Non-
Defaulting Owner") may demand by written notice (the "Default Notice") that the violation be
cured; provided, however, that in the event such default shall constitute an emergency situation,
the Non-Defaulting Owner acting in good faith shall have the right to cure such default upon
such advance notice as is reasonably possible under the circumstances, or if necessary, without
advance notice, so long as notice is given as soon as possible thereafter. If the Defaulting Owner
does not cure the violation of a monetary obligation within ten (10) days after receipt of the
Default Notice, or cure a violation of a nonmonetary obligation within thirty {30) days after
receipt of the Default Notice, or if such nonmonetary default is of a kind which cannot
reasonably be cured within thirty (30) days, and the Defaulting Owner does not within such
thirty (30) day period commence to cure such default and diligently thereafter prosecute such
cure to completion, then Non-Defaulting Owner (and its agents and employees} shall have the
right to (i) pay any sum owed by the Defaulting Owner to the Person entitled thereto, (ii) enter
upon the Parcel of the Defaulting Owner and summarily abate, remove or otherwise remedy any
Improvement, thing or condition which violates the terms of this Declaration, and (iii) enter upon
the Parcel of the Defaulting Owner and perform any obligation of the Defaulting Owner to be
performed thereon. The Defauhing Owner shall, within ten (10} days of written demand by any
other Owner, accompanied by appropriate supporting documentation, reimburse the Non-
Defaulting Owner for all reasonable costs, expenses and attorneys' fees incurred by the Non-
Defaulting Owner in undertaking any of the actions permitted by clauses (i) through (iii) in the
preceding sentence, including, without limitation, wages, benefits and overhead allocable to the
time expended by any employee of the Non-Defaulting Owner in taking such actions, together
with interest thereon at the rate equal to the Default Interest Rate, from the date such costs and
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expenses were advanced or incurred by the Non-Defaulting Owner. The right to cure the default
of another Owner shall not be deemed to: (a) impose any obligation on aNon-Defaulting Owner
to do so; (b) render the Non-Defaulting Owner liable to the Defaulting Owner or any third party
for an election not to do so; {c) relieve the Defaulting Owner from any performance obligation
hereunder, or (d) relieve the Defaulting Owner from any indemnity obligation as provided in this
Declaration.
9.4 Certain Limitations on Remedies. The Declarant {whether partners,
shareholders, officers, directors, members, trustees, employees, beneficiaries or otherwise) shall
not be personally liable for any judgment obtained against the Declarant. Each Owner agrees to
look solely to the Declarant's interest in Project for recovery of damages for any breach of this
Declaration.
9.5 Lien. Any Non-Defaulting Owner or the Operator {"Creditor Owner") shall be
entitled to a lien against the Parcel of the Defaulting Owner, which lien shall be created and
foreclosed in accordance with this Section.
9.5.1 ration. Alien authorized by this Article shall be created by
recording a written instrument (the "Claim of Lien") in the real property records of the County
in which Project is located, which (i) references this Declaration by recording number,
(ii) alleges a specific breach of this Declaration, (iii) states the amount owed by the Defaulting
Owner through the recording date of the Claim of Lien (including any Delinquency Charges),
(iv) contains a legal description of the Parcel of the Defaulting Owner, and (v) is executed and
acknowledged by the Creditor Owner.
9.5.2 Amount. Alien created pursuant to this Article shall include
(i) the amount stated in the Claim of Lien, (ii) all reasonable costs and expenses incurred in
creating and foreclosing such lien (including attorneys' fees), (iii) all amounts which become due
from the Defaulting Owner (or its successors or assigns) to the Creditor Owner after the date the
Claim of Lien is recorded, whether such amounts arise from a continuation of the default alleged
in the Claim of Lien or from some other default under this Declaration, and {iv) interest on all of
the foregoing at the Default Interest Rate.
9.5.3 Priori The priority of a lien created pursuant to this
Article shall be established solely by rcfcrcncc to the date the Claim of Lien is recorded;
provided, however, that such lien shall, in all instances, be subject and junior to any Mortgage
recorded prior to the date such Claim of Lien.
9.5.4 Extinguishment. If the Defaulting Owner cures its defauh, and
pays all amounts secured by a lien created pursuant to this Article, the Creditor Owner shall, at
the Defaulting Owner's expense, record an instrument sufficient in form and content to clear title
to the Parcel of the Defaulting Owner from the Creditor Owner's lien.
9.5.5 Foreclosure. Alien created pursuant to this Article shall be
foreclosed in the manner provided by law.
9.6 Obligation. Each Owner shall be deemed to covenant and agree to be bound by
this Declaration. Any sum not paid, or other obligation not performed when due, together with
MASTER DECLARATION - 26
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interest payable hereunder, and all costs and attorneys' fees incurred in connection with
collection, shall he the personal obligation of the Persons who were the Owners of the Pazcel at
the time the payment or obligation became due. The obligation shall not be released by any
transfer of the Parcel subsequent to the date such payment or obligation became due, but such
obligation shall run with the land and shall be binding upon, and be the liability of, any successor
Owner. Nothing contained herein shall limit the ability of any new Owner from collecting any
sum due by the new Owner from the prior Owncr which has become a liability of the new
Owner.
9.7 Remedies Cumulative. The remedies provided in this Article aze in addition to
any remedies available elsewhere in this Declaration or under applicable law. Exercise of one
remedy shall not be deemed to preclude exercise of other remedies for the same default, and all
remedies available to Declarant may be exercised cumulatively.
9.8 Attorneys' Fees. In the event of any action between the Owners hereto for
breach of, or to enforce, any provision or right hereunder, the non-prevailing Owner in such
action shall pay to the prevailing Owner all reasonable costs and expenses expressly including,
but not limited to, reasonable attorneys' fees incurred by the prevailing Owner in connection
with such action.
ARTICLE 10
SUPPLEMENTAL DECLARATIONS AND AMENDMENTS
10.1 Supplemental Declaration
10.1.1. Supplemental Declaration -Section Property. Prior to the
Declazant's conveyance of the Parcel(s) within the Section to the first Owner, the Declarant shall
have the unilateral right to record a Supplemental Declaration Section Property to (i)
designate certain Parcels as a Section, (ii) attach the legal description of each Pazcel within the
Section, (iii) attach the approved Site Plan for each Parcel within the Section (including but not
limited to designating the location of the following for each Parcel in the Section: Project
Common Area, Building Area, Parcel Common Area, Parcel Sign, maximum Building height
and maximum Floor Area), and/or (iii) impose additional covenants, obligations and restrictions
on some or all of the Parcels in the Section. Once recorded, an amendment to a Supplemental
Declaration shall be controlled pursuant to the terms of such Supplemental Declaration, but any
amendment to a Supplemental Declaration shall effect only the Section Property in the initial
Supplemental Declaration, except as provided in Section 10.1.
10.1.2 Supplemental Declaration - Annexation/De-Annexation. So
long as Declarant owns any portion of the Project, Declarant shall have the unilateral right to
record a Supplemental Declaration Annexation/De-Annexation to: {a) annex all or a portion of
the Additional Property into the Project {"Annex Parcel") and subject such Annex Parcel to the
provisions of this Declaration, andior (b) de-annex a portion(s) of the Project ("De-Annex
Parcel") from the Project and the provisions of this Declaration. Any Supplemental Declaration
to annex an Annex Parcel shall specify the legal description of the Annex Parcel, attach the Site
Plan for the Annexed Parcel, and provide for any additional covenants and restrictions applicable
to such Annex Parcel. Any Supplemental Declaration for a De-Annex Parcel shall specify the
MASTER DECLARATION - 27
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legal description of the De-Annex Parcel, attach a Site Plan showing the De-Annex Parcel and
provide that any easements granted over the De-Annex Pazcel which benefit some or all of the
Project shall remain in full force and effect from and after the recordation of the Supplemental
Declaration for the De-Annexation Parcel.
10.Z Master Declaration. The Approving Owners shall have the right
to amend and/or supplement this Master Declaration from time to time, including updating the
Site Plan for some or all of the Parcels; evidence the Proportionate Share of Project Expenses
allocated to each Parcel in the Project; and make technical or minor corrections to this
Declaration.
ARTICLE 11
MISCELLANEOUS
11.1 Amendments. This Declaration may be amended only by the Declarant, so long
as the Declarant owns any portion of the Project. After Declarant no longer owns any portion of
the Project, the Declaration may only be amended by mutual agreement of the Owners of the
Parcels constituting at least sixty percent (60%) of the land area of all Parcels then existing
within Project. All amendments shall be effective only when recorded in records of the County in
which Project is located.
l i.Z consent by Approving Owners. When Declarant no longer owns any portion of
the Project, the "approval" or "consent" of the Approving Owners shall mean mutual agreement
of the Owners of the Parcels constituting at least sixty percent (60%) of the land area of all
Parcels in the Project.
11.3 Consent by Owners. In any instance in which any Owner (except the
Approving Owners) shall be requested to consent to or approve any matter with respect to which
such Owner's consent or approval is required by any of the provisions of this Declaration, such
consent or approval or disapproval shall be given in writing, and shall not be unreasonably
withheld, delayed or conditioned. To the extent that the consent of any of the Owners is required
under this Declaration, the Owners shall have fifteen (15) days to provide notice of approval or
disapproval of the item for which consent is required. The failure of an Owner to deliver notice
of disapproval within such fifteen (15} day period shall be deemed approval thereof. If an
Owner delivers a notice of disapproval, such notice shall state with reasonable specificity, the
basis for disapproval.
11.4 Notices. Any notice, .payment, demand, or communication required or permitted
to be given by any provision of this Declaration shall be deemed to have been sufficiently given
or served for all purposes if personally delivered (including any overnight courier services) or if
sent by registered or certified mail, postage and charges prepaid or if such notice is rejected at
the then designated address of the Owner intended, provided such notice was sent prepaid. Upon
at least ten (10) days prior written notice, each Owner shall have the right to change its address
to any other address in the United States of America. The following address is hereby
designated for Declarant:
MASTER DECLARATION - 28
C:IDauments arM Sel6ngslmwardlelLocal Ss6ngalTemporery Interns Fdee10LKTD41MasterDederetion 7.1.OB.doc
To Declarant:
Ustick Marketplace LLC
c% Brighton Corporation
12601 W. Explorer Drive, Suite 200
Boise, Idaho 83713
Attention: Legal Department
Any such notice shall be deemed to have been delivered upon receipt if delivered by
personal delivery or Federal Express or other express delivery service, or as of the third business
day after mailing if sent by registered or certified mail.
11.5 Termination of Declarant Risltts. If there is no Declarant under this
Declaration, any actions, consents or approvals granted or taken by Declarant prior to the
termination of its rights under this Declaration shall remain in effect for so long as such rights
were granted by Declarant and if 'no time period is specified for so long as this Declaration
remains in effect.
ll.b Binding Effect. All of the limitations, covenants, conditions, easements, and
restrictions contained herein shall attach to, be appurtenant to and run with the Parcels, and shall
benefit or be binding upon the successors and assigns of the respective Owners. This
Declaration and all the terms, covenants and conditions herein contained shall be enforceable as
equitable servitudes in favor of said Parcels and any portion thereof. Every person who now or
in the future owns or acquires any right, title or interest in or to any Parcel or portion thereof
shall be conclusively deemed to have consented to and agreed to every covenant, restriction,
provision, condition and right contained in this Declaration, whether or not the instrument
conveying such interest refers to this Declaration.
11.7 Waiver of Default. No waiver of any default by any Owner to this Declaration
shall be implied from any omission by any other Owner to take any action in respect of such
default if such default continues or is repeated. No express written waiver of any default shalt
affect any default or cover any period of time other than the default and period of time specified
in such express waiver. One or more written waivers of any default in the performance of any
term, provision or covenant contained in this Declaration shall not be deemed to be a waiver of
any subsequent default in the performance of the same term, provision or covenant or any other
term, provision or covenant contained in this Declaration. The consent or approval by any
Owner to or of any act or request by any other Owner requiring consent or approval shall not be
deemed to waive or render unnecessary the consent to or approval of any subsequent similar acts
or requests. The rights and remedies given to any Owner by this Declaration shall be deemed to
be cumulative and no one of such rights and remedies shall be exclusive of any of the others, or
if any other right or remedy at law or in equity which any such Owner might otherwise have by
virtue of a default under this Declaration, and the exercise of one such right or remedy by any
such Owner shall not impair such Owner's standing to exercise any other right or remedy.
11.8 Breach -Effect on Martsaaee and Rieht to Cure. Breach of any of the
covenants or restrictions contained in this Declaration shall not defeat or render invalid the lien
of any Mortgage made in good faith, but all of the foregoing provisions, restrictions, and
MASTER DECLARATION - 29
C:IDoCUmen{t and Se1WgtNtwudeY.oC1i SelUnpsVT~mporiry IMemel fibs10lK1D11Mt1Nr Dedprlfon 7-1-OB.doC
covenants shall be binding and effective against any Owner of any Parcel, or any part thereof,
who acquires title by foreclosure or trustee's sale or by deed in lieu of foreclosure or trustee's
sale. Notwithstanding any other provision in this Declaration for notices of default, the
Mortgagee of any Owner in default hereunder shall be entitled to notice of said default, in the
same manner that other notices are required to be given under this Declaration; provided,
however, that said Mortgagee shall have, prior to the time of the default, notified the Owner
hereto giving said notice of default of the Mortgagee's mailing address. In the event that any
notice shall be given of the default of an Owner and such Defaulting Owner has failed to cure or
commence to cure such default as provided in this Declaration then and in that event the Owner
giving such notice of default covenants to give such Mortgagee (which has previously given the
above stated notice to such Owner} under any Mortgage affecting the Parcel of the Defaulting
Owner an additional notice given in the manner provided above, that such Defaulting Owner has
failed to cure such default and such Mortgagee shall have thirty {30} days after said additional
notice to cure any such defauh, or, if such default cannot be cured within thirty (30) days,
diligently to commence curing within such time and diligently pursue such cure to completion
within a reasonable time thereafter. Giving of any notice of default or the failure to deliver a
copy to any Mortgagee shall in no event create any liability on the part of the Owner so declaring
a default other than to require that notice to the Mortgagee be given as provided herein.
11.9 No Partnershiu. Neither this Declaration nor any acts of the Owners shall be
deemed or construed by the parties hereto, or any of them, or by any third person, to create the
relationship of principal and agent, or of partnership, or of joint venture, or of any association
between any of the Owners. Each Owner shall be considered a separate owner, and no Owner
shall have the right to act as an agent for another Owner, except as expressly provided herein or
by separate written instrument signed by such Owner(s).
11.10 Severability. In the event any term, covenant, condition, provision, or agreement
contained herein is held to be invalid, void, or otherwise unenforceable, by any court of
competent jurisdiction, such holding shall in no way affect the validity or enforceability of any
other term, covenant, condition, provision, or agreement contained herein.
11.11 Governing Law. This Declaration and the obligations of the Owners hereunder
shall be interpreted, construed, and enforced in accordance with the laws of the state in which
Project is located, without regard to conflict of law rules.
11.12 Terminoloay. All personal pronouns used in this Declaration, whether used in
the masculine, feminine, or neuter gender, shall include all other genders; the singular shall
include the plural and vice versa. Whenever required by the context of this Declaration, the use
of the words "including", "such as", or words of similar import, when following any general
term, statement or matter shall not be construed to limit such statement, term or matter to specific
items, whether or not language of non-limitation, such as `wvithout limitation", or `hut not
limited to", are used with reference thereto, but rather shall be deemed to refer to all other items
or matters that could reasonably fall within the broadest scope of such statement, term or matter.
11.13 Captions. Article and section titles or captions contained herein are inserted as a .
matter of convenience and for reference, and in no way define, limit, extend, or describe the
scope of this Declaration or any provisions hereof.
MASTER DECLARATION - 30
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11.14 Estoppel Certificate. Each Owner shall upon not less than thirty (30) days from
receipt of written notice from the other Owner {which shall not be more frequent than three
(3) times per any calendar year) execute and deliver to such other Owner, a certificate stating:
(i) either this Declaration is unmodified and in full force and erect or is modified {and stating
the modification); and (ii) whether or not the issuing Owner has received or provided a written
notice of default to or from. the requesting Owner in any respect to any default under this
Declaration and if so specifying such default.
Such estoppel certificate shall act to estop the issuing Owner from asserting a claim or
defense against a bona fide encumbrancer or purchaser for value to the extent that such claim or
defense is based upon facts known to the issuer as of the date of the estoppel certificate which
are contrary to the facts contained therein, and such bona fide purchaser or encumbrancer has
acted in reasonable reliance upon such estoppel certificate without knowledge of facts to the
contrary.
In addition, the Operator shall upon not less than thirty (30) days from receipt of written
notice from an Owner (which shall not be more frequent than three (3) times per any calendar
year) execute and deliver to such other Owner, a certificate stating the amount of such Owner's
Proportionate Share of Project Expenses and that date such Project Expenses have been paid to.
11.15 Not a Public Dedication. Nothing herein contained shall be deemed to be a gift
or dedication of any portion of Project to the general public or for the general public or for any
public purpose whatsoever. Except as herein specifically provided, no right, privileges or
immunities of any Owner hereto shall inure to the benefit of any third-party Person, nor shall any
third-party Person be deemed to be a beneficiary of any of the provisions contained herein.
11.16 Time of Essence. Time is of the essence with respect to the performance of each
of the covenants and agreements contained in this Declaration.
11.17 Entire Declaration. This Declaration and the exhibits hereto contain the entire
agreement wfth respect to the subject matter hereof. Any prior correspondence, memoranda or
agreements are superseded in total by this Declaration and exhbits hereto. The provisions of this
Declaration shall be construed as a whole according to their common meaning and not strictly
for or against any Owner.
11.18 Excuse for Non-Performance. Each Owner shall be excused from performing
any obligation or undertaking provided in this Declaration, except any obligation to pay any
sums of money under the applicable provisions hereof (unless such payment is conditioned upon
performance of any obligation or undertaking excused by this Section}, in the event and so long
as the performance of any such obligation is prevented or delayed, retarded or hindered by act of
God, fire, earthquake, floods, explosion, actions of the elements, war, invasion, insurrection, riot,
mob violence, sabotage; inability to procure or general shortage of labor, equipment, facilities,
materials or supplied in the ordinary course on the open market; failure of normal transportation;
strikes, lockouts, action of labor unions; condemnation, requisition; laws or orders of
Governmental Authorities or civil or military authorities; breach or default of the other Owners
of any of its obligations hereunder; failure to obtain necessary governmental approvals or
permits despite the exercise of due diligence and good faith efforts by an Owner, or any other
MASTER DECLARATION - 31
CiDoNmania and Sell'ngsYnNardelLOal SedingslTamporary IMamM Fieel0007WN{asbr Oedxttlon 7.1-OB.doe
cause, whether similar or dissimilar to the foregoing, not within the reasonable control of such
Owner, other than the .lack of or inability to obtain funds or causes which were reasonably
foreseeable.
11.19 Mechanics' Liens. In the event any mechanics' liens are filed against the Parcel
of any Owner, the Owner permitting or causing such lien to be filed hereby covenants either to
pay the same and have it discharged of record, promptly, or to post a bond for the lien in the
manner provided by law.
11.20 Daration. This Declaration and each tenor, easement, covenant, restriction and
undertaking of this Declaration will remain in effect for a term of sixty-five (65) years from the
recordation date hereto and will automatically be renewed for successive ten (10) year periods
unless the Owners of the Parcels owning more than sixty percent {60%) of the land area of all
Parcels in Project agree in writing not to so renew; provided that any election not to renew must
be made not less than ten (10} years prior to the date that such non-renewal is to take effect. The
easements created in Article 2 which are perpetual in nature shall survive the termination of this
Declaration and shall exist in perpetuity.
[Remainder of Page Intentionally Left Blank]
MASTER DECLARATION - 32
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IN 'WITNESS WHEREOF, this Declaration has been made and executed as of the date
first above written.
DECLARANT:
USTICK MARKETPLACE LLC,
an Idaho limited liability company
By:
Nam .
Title: !l) t11• ZlllL~/f~lll.L.-, tl(c-~~rr
EXHIBITS
The following exhibits are attached to this Declaration.
Exhibit "A" Legal Description of Declarant Parcel
Exhibit "B" Site Plan
STATE OF IDAHO )
:ss.
County of }
On this - day of `~"c~ , 2008, before me, ~; , a Notary
Public in and for the State of Idaho, rsonall appeared f~LG~TuVh ~ known or identified
to me to be the ~4.~(.u~ oft~t~~r~doir~ L(L, the (~ that
executed the within instrument and the person who executed the instrument on ha f said
company, and acknowledged to me that such company executed the same.
WITNESS my hard S~~ib~i hereto affix '/e((d_aj({/~1/nJ' and year first above written.
~~ ~.'' `t, s o M No ary Public for Idaho
?~ v~~ • ~ Commission Expires ~ ~~'~
~, ~ d•'~`~r ~•
MASTER DECLARATION - 33 G
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EXHIBIT "A"
LEGAL DESCRIPTION OF PROJECT
ExtttstT A
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`- 314 Badida St. Caldwell, ID $3605
~~ ~ d~~ Ph (208) 454-0256 Feot (208) 454-0979
e-mai[: dhoizhe~a msen,~us,
FOR: Brighton Corporation
JOB NO.: JN0106
DATE: July 1, 2008 "'PRp~iC.T "'
OVER/lLL PARCEL
A parcel of land being a portion of the SWl/4 SW 1/4 of Section 2S, Township 4 North, Range 1
West, Boise Meridian, Ada County, Idaho, more particularly descn'bed as follows:
Commencing at the southwest corner ofsaid SWl/4 SWl/4;
Thence S. 89° 24' 33" E. a distance of 82.86 feet siong the south iwundaty of said SWl/4 SWl/4 to
a point;
Thence N 00° 35' 27" E for a distance of 47.00 feet perpe~adicular to said south boundary to the
POINT OF BEGINNING;
Thence along the easterly right of way of N. Linder Road the following courses and distances;
Thence N 44° 29' 49" W a distance of 63.74 feet to a poi
Thence N 00° 24' S6" E a distance of 1226.84 feet parallel with and 38.00 feet east of the west
boundary of said SWl/4 SWI/4 to a poi
Thence S 89° 2G 08" E a distance of 633.14 feet along the north boundary of said SW114 SWl/4
to a pointi
Thence S 00° 26'44" W a distance of 1284.13 feet to a point on the northerly right of way of N.
McMillan Road;
,~s*,-~~. ~!t A
SU1tVlffO~ BNOl~vBB1Ge ~ Pu~t~l¢f r
Page 1 d2
Thee along said northerly right of way of N. McI~lian Road the following courses and
Thence N 89° 24' 33" W a distance of 401.47 feet parallel with the south boundary of said SWl/4
SWl/4 to apoint;
Thence N 82° 1 T 12" W a distance of 96.7$ feet to a point;
Thence N 89° 24' 33" W a distance of 90.00 feet parallel with the south boundary of said SWl/4
SWl/4 to the POINT OF BEGINNING.
This parcel contains 18.58 acres more or less.
Also, this parcel is subject to all easements and rights-of-way of record or implied.
Mysore s 8'rsr~roera irec. ~.
S'uevsmue:ti sm~wea>zt ~ Pt.1MVmt8
P0~ 20[3
EXHIBIT "B"
SITE PLAN
Showing Overall Project Boundary, and Paramount Commercial Southwest Subdivision
No. 1 dated ' ~+- 1 ,, 2008 ]1 page attached]
EXIIIBIT B
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EXHIBIT - B
(PARAMOUNT COMMERCIAL SOUTHWEST SU601VISI4N No.1)
ry SITE PLAN
MASTER DECLARATION
0~/o1/zoos "1
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~~E IDR IAN,:---
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Meridian Development Services
Meridian City Hall, Suite 102
33 E. Broadway Avenue
Meridian, Idaho 83642
PW 100 FORM
Date: 3/26/10
Ph: (208) 887-22111
Fax: (208)887-12977
www.meridiancity.orgq
The following property has been researched by The City of Meridian Public Works
Department.
Project Name: CINDER SELF-STORAGE C~ PARAMOUNT
Address: 5120 N. Linder Rd.
Suite #:
Zip Code: 83646
Lot/Block Subdivision:
1) The address has been assigned based on available information.
This address should be considered temporary (Development
process has not been completed, so the address may change)
2) This address will be required to connect to municipal services.
X_ Water and Sewer mains are available for connection to the
Municipal System.
This property does not currently have services available.
(Development process has not been completed)
3) This is an existing structure that is connected to municipal services.
EACH SET OF PLANS WILL BE REQUIRED TO CLEARLY REFLECT THE CORRECT
ADDRESS AND SUITE NUMBER (IF APPLICABLE).
Terri Ricks
Land Development Services
tricks@meridiancity.org
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FEATI~RE~
OPTICAL SYSTEM
• Self-flanged, semi-specular or matte-diffuse reflector.
• Patented Vertisys`"' - Bounding Rayt"~ Optical Principle
design (US Patent #5,800,050) provides lamp before lamp
image. Lamp image that reflects smoothly from the top
of the reflector to the aperture, providing optimal fixture
performance and efficiency.
MECHANICAL SYSTEM
1S-gauge galvanized steel mounting/plaster frame with
friction support clips to retain optical system. Maximum
7/8" ceiling thickness.
16-yauye galvanized steel mounting bars with continu-
ous 4" vertical adjustment are shipped pre-installed.
Post installation adjustment possible without the use of
tools from above or below ceiling.
Galvanized steel junction box with hinged access
covers and spring larch. Twu combination t/2"-3/4" and
three 1/2" knockouts for straight-through conduit runs.
Capacity: 8 (4 in, 4 out) No, 12 AWG conductors, rated
for 90°C.
ELECTRICAL SYSTEM
• Rugged aluminum lampholder housing.
• Vertically-mounted, positive-latch, thermoplastic socket.
• Class P, thermally-protected, high power factor elec-
tronic ballast mounted to the junction box.
• SimplyST"' technology available. stmptY
LISTING
Type Catalog number
Compact Fluorescent ®ownlights
8" AFV
_:` t is\
,. _ ~~ ~ .
~`~I~=~'
Open Reflector
Vertical Double Twin-Tube or
Tripla Tubo Lamp
~. __. __.______. __ r
C'
i 11
{2~.9-
,;
Aprrtnre; 7-7/8 120.11
CViliny opening: 8-7i8 (21.5!
Overlap trim: 9-1/d 123.51
• Fixtures are UL Listed for thru-branch wiring, Non-IC Arl dimensions
recessed mounting and damp locations. Listed and are inches
I ce nti meter sl
labeled to comply with Canadian Standards.
`Maximum height depends on lamp wattageltype, dimensions range Irom 11' for
180TT,26DTT,42TRT:10-118`for13DTT,18TRT,26TRTand32TRT
ORDERIIUC INF®RMATION
Chonsn the boldface catalog non:endalure chat txsi suits your reads inn write it an the
appropriate line. Order accessories as separate catalog numbers (shipped separately!.
[xampl e: AFV 32THT 8AR MVOLT WLP
AF1f
~-----.. __.._.._. ~-
Se~ Wattage/Lamp (Aperture/Trim color Finish -i- --- ----i-----
Voltage ~ Ballast3 ~ r -1---,
I _ ~ Options ,
AFV 13DTT BAR Clear (blank! Semi- MVOLTz (blank! Electronic ballast EL° Emergency battery pack with
18DT7 ePR Pewtor specular 120 DMHL` Lutron Compact-
'
'
' a integral test switch
ELR Emergency battery pack wilh
26DTT BUBR Umber LD Matte- oloctronic
'
'
277 SE re
f
18TRT BWTR Wheat diffuse dimntin ballast.
341 g r
fttse
gle, slow-blow
GMF Sin
26TRT eWR' White painted Minimum dim- GLR' Single, fast-blow fuse
32TRT 8MB' Dleck baffle ming level 5°~
ADitZ` Advance Mark10` TRW Whrte painted flange !standard
onWRi
42TRT eW8' White baffle electronic diem TRB! Black painted flange
ming ballast. GSKT Foam gasketiltg
Minimum dimming WLP 3500° K Lemp (shipped sepa-
NOTES •
S5' SIMPLYS"•' system rotary!
LRC' Provides compatibility with
t Not available with finishes. ballast Lithonia Reloc system. Lithonia
Reloc System can be Installed
2 Multi-volt electronic ballast capable of operating on any line voltage Accessories less this option with connectors
from 120V through 277V, 50 or 60Hz. provided by others; Access
3 For additional ballast types, refer to Technical Btllleiins tab. order as separate catalog namoer:. above ceiling required
d Available in 120V or 277V only. Not available with 13DTT. SCAB Sloped ceiling adapter. CP Chicago Plenum
HW Hardwire for S5 system re-
5 Sim 15"~' includes 9' S5 MLC Reloc wirin s stem fshi pad se a-
PY g y p P Degree of slope must he
0 places Retoc
rarely). Available in 120V or 277V only. Not available in t 3W or 18W. s ectfted {tOD, tSD, 20
,
250
30D1 Ex: SCAB lOD fLHlb High lumen output emergency
,
See simply5.net for more information.
CTA860 Ceiling thickness adapter.
6 for dimensional changes, refer to Technical 'Bulletins tab. battery pack, Integral cost
switch rovtded
P
7 Not available with MVOLT. Must specify voltage. (Extends mounting frame to
accommodate telling ELRHL• High lumen output emergency
battery pack. Remote test
8 For compatible Reloc systems, refer to Technical Bulletins tab. thickness up to 2) switch rovidod
GOTHAM ARCHITECTVRdI OOWNIIGHTING
®~ ~ ~ ~• • lnL(i LESIer Raid :.nrl%erc Gaergla 30:J1:j
P Rno 3:5 4982 r Rio ahti ~i~r3 AFV f; UPEN DCF-41tI0!
nnweu+M;are:>C7e~ ~ •.w~:vr.goth arnl ghting.COm
13-314
(34.91-°
~" AFV Open Reflector
Distribution curve Distribution data Output data Coefficient of utilization Uiumirsance Data at 30"Above Floor for
a Single Luminaire
AFV 26TRT 8AR, 11) PL-T 26W/30/4P lamp, 1800 rated lumens, 1.3 s/mh, test no. 2194021601
90°
Fram 0' cp. Lumens
180 5° 870 84
15° 876 247
360
45° 25° 762 353
35' 630 390
540 450 354 255
2
720 65° 0 1
900 0° 85° 0 i
90° 0
pr 2a°c
Zone Lumens 9'damp pc 80"ro 70`,'0 503'°
0°-30° 682 37.9 Pw 56S1, 304: 50°.4 309E_ 5_04,_30W,._
0°-40° 1071 59.5 1 83 81 82 $0 78 77
0°-60° 1349 75.0 2 78 75 76 74 74 72
0°-90' 1349 75.0 3 72 68 71 68 69 66
90°-180° 0 0.0 4 67 63 66 63 65 62
0°-180° 1349 75.0* 5 63 58 62 58 60 57
-efficiency 6 58 54 58 53 56 53
7 5d 49 53 49 52 48
8 50 45 49 45 48 44
9 46 41 45 43 45 40
10 42 37 42 31 41 37
509`e 1030
hram anolr. 64.0' beam angle 93.8"
Initial fc fc a[ Ic at
Mount al beam Bears haarn Raam baarn
hrigh[ center diameter adge diameter edge
8' 27.5 6.9' 13.7 11.8' 2.7
i 0' 14.8 9.4' 7.4 16.0' 1.5
12' 9.2 11.9' 4.6 20.3' 0.9
14' 6.3 14.4' 3.1 24.6' 0.6
16' 4.6 16.9' 2.3 28.9' 0.5
AFV 32TRT BAR, (i) PL-T 32W/30/4P lamp, 2400 rated lumens, 1.1 slmh, test no. 2194021402
90°
kmn 0"
cp.
Lu__mt:_n_s
Zone Lumens
3olamp tf
~,c
g0ys
4'
% 2046
705b
% 30°!
50%
5D% 3a% m
beam angle 55.3° o.
beam angle 87.G"
0° 1344 0°-30° 998 41.6 3(1
°
Pw 50 50 Initial fc fc a[ fc at
300 r, 5p 1440 137 Oa_40o 1457 60.7 1 78 77 77 75 74 73 Mount at beam Beam bears Beam beam
15 1360 382 0 60 1682 70.1 2 )3 71 72 70 70 68 heigh t center diameter edge diameter
- edge
-
600 [ 25° 1036 481 0°-90° 1663 70.1 3 69 66 68 65 66 64 - - --
' :~45° 35° 137 460 90°-180° 0 0.0 4 65 61 64 61 63 60 g' 44
5 8' 22.2
5 10.5' 4.4
900 ~
~ 45° 280 219 0°-180° 1683 70.1* 5 fil 57 60 56 59 56 IO' .
23.9 .
7.9' 12.0 14.4' 2.4
~ ~
`~ 55° 4 ] ^Efficiencv 6 51 53 57 53 55 52 12' 14.9 9.9' 7.4 18.2' 1.5
1200 • - ~ ` ~. -- 65° 1 1 7 53 49 53 49 52 49
14'
10.2
12.0' 5.1
22.1'
1.0
'
~' ~~ 15° 0 1 8 50 46 49 46 49 45 16' 7
4 7
14
1' 3 25.9' 0.7
1500 0-,'- 85° 0 1 9 41 43 46 42 46 42 . .
.
90° 0 10 43 39 43 39 43 39
AFV 42TRT BAR, (1) PL-T 42W/30/4P lamp, 3200 rated lumens, 1.0 s/mh, test no. 2195121902
90°
from 0"
cp.
Lemons
Zonc Lumens 4;Wmp },f
I,c
50°4 zo?•c
704a
50'5 Sn4:
beamangle53.7° Ins
beamang1e85.6°
0° 1568 0°-30° 1097 34.3 hw 50~c 30',3 50'fi 3096
-- 50963096
- --
Initial Ic __.__ ..._.__
fc at _._._. - _ ___
fc at
400 - 5° 1105 162 0°-40° 1602 50.1 1 63 6i 61 60 59 58 Mount attream Ream beam Ream beam
15°
25° 1467
1145 407
527 D°-60° 1808
11
°
° 1 56.5
56
8 2 58 55
54
i 51 5
53 50 55 53
51 49 beigbt
---s-- center
- - diameter edge _
- _ -- diameter_ edye _
800 , ~
- •.45° 35' 821 505 u
-9o
8
90°-180° 0 .
0.0 3
4 5
50 46 49 46 48 45 g• 51.8 5 6' 25.9 10.2' 5.2
1200 : 45° 244 198 0°-180° 1617 56.8* 5 46 43 46 42 45 42 10' 27.9 7 6' 13.3 13.9' 2.8
,'`,
1600 'r
- 55°
° 10 8 'Efficioncv 6 43 40 43 39 42 39
36 12'
' 17.A 9.6' 8.7 17.6'
' 1.7
,_ ,_ •., 65 4 4 7 40 37 40 36 39 14 11.9 11.T 5.9 21.3 1.2
2000 ' ` ` } g5° 2 2 9 35 32 3
32 34 31 16" 8.6 13.7 4.3 25.0' 0.9
5
0° 90° 0 10 33 30 33 30 32 29
AFV 32TRT 8MB, (1) PL-T 32W/30l4P lamp, 2400 rated lumens, 1.0 s/mh, test no. 2196071102
pr 20"°
FrrmO° cp. Lumens Zone Lament ",lamp Irc tU134 JOrc SO:w
0° 1182 0°-30° 819 -_
34.1 }~w_ 5o% 30°w sa~K 30% w^' 304'
300 5° 1279 120 0°-40° 1147 47.8 1 60 59 59 58 57 56
iJ 11J7 322 0"-60" 1291 53.8 2 57 55 56 54 54 53
600 25° 812 378 0°-90° 1291 53.8 3 53 51 53 50 51 49
°
5 35° 525 329 90°-180° 0 0.0 4 50 48 50 47 49 47
900 `'4 45° 176 141 0°-180° 1291 53.8* 5 47 44 47 44 46 44
~
'
, 55' 2 4 •t:nrcrencv 6 45 42 44 42 44 41
1200
-
~ 65° 0 1 7 42 39 42 39 41 38
' ' ' -
` ` ~ 75° 0 1 8 39 37 39 36 39 36
1500 ' ' g5° 0 1 9 37 34 37 34 36 34
0° 90° 0 10 35 :S"L 35 32 34 31
ENERGY{Ca!culatad in accord°nce rkitn NEfvlk standard LE~9A!
Annual`
Energy Lamp 8aiias[ Ir,pu[
IFP.OON Cost lamps Lumens Farrar lRlatts
4D 55.99 III 2ELy DTT 1900 I.00 28
45 Sa 99 E11 2EbV DTT 1800 LCO 28
46 S5.24 i21 32kV TR7 7500 0.98 3G
JO S8.01 i21 d24V TRT 320D 1.C0 46
'Comparative yr.arly lighting energy cost per 1000 mmens
50°.4 IOS4
beam angle 50.8° beam angle 84.2°
Initial fc fc at i'c at
Mount atheam Ream beam Ream beam
heit~h[ _ center, diameter edge Aiameter edge
8 39.1 5.2' 19.5 9.9' 3.9
10' 21.0 7.1' 10.5 13.6' 2.1
12' 13.1 9.0' 6.6 17.2' 1.3
14' 8.9 10.9' 4.5 20.8' 0.9
i6' 6.5 12.8' 3.2 24.4' 0.6
iU01ES'
1. For electrical characteristics consult h:chnical Rulla[ins tab.
2. Tasted to currant IES and NEiwA standards undar s[ahilized laboratory conditions. Various operating factors can cause diflerencas hatvvaan iabora[ory data and actual lield
maasuremams. pimensions and specifications ara hasod on the +nust current available data and are subiece to change ~nithout noucr..
U41•-'4Vlr
;c~zooT Goman,. flay. o1,roR
t7CF 400
GOTHALt nRCHlTECTURAL OOWRLIGHTI NG
A n.IYI,L' InN nF Ar.U ITV I.IGr1 TINC C',ROIiP, INC.
(~~ ~ ~ ~ la^.C Laser RoaC Conyers tie~rgia 3D012
lJ p 4,i lr} '{ I C E ~i$1 F F /:: 4nt 1 "i i "J~?
rt•rwlyNyn•°rrt, C:*rnrq. ~na••m.go[harrbg•rGng.cu~,
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PRODUCT INTORMATION pTCf1ICCCTUTd~
Intended Use with tool Icss fasteners (must order 5(SVA option) Installation
A ~ furstreets,walkways,parking and arerntatableand fwU.S.shipmcntsmly.CSA, tfeavydutyeasy-mount
lots andsurroundinq areas. interchangeable. Four full NOM or INTL regtrred for block attaches to pale or x'all
iutuBAislributionsavaJable : proheslartshipmentsoutside toproviAeeasepiinslal{ation
~~ Construction lypeltlroadvray),Typr theU.S.(empactfluorescen*, asvrellasensuredatignment
Housin¢ Rugged, die cast' RI Sasymmetrid, Type IV uses an electronic high- and les'elinq. Additional
Aerist"' single-prece aluminum
(forward thrntv), and type V
Begnenry' ballast.
barking plate and receiver
hnnsing rrith nominal t1R" (symmetnt square). used to mount AST SUS(lentl
- " walllhirkness. SockeL•POrcelain,medium- tension rod.ASTlmounb
z
Door Assembly:Dictast Electrical base socket for AST, mogul
964 lowerthans ctificd
P
doonrame
impaccresistant, Ballasts: Mounted onremov- basesarketlorAS7.with pule might. ASII usuunts
,
tempered glass lens, 3116' ablepowerlydydndha4e (opperalloyni(kel plated 13.84"Iotverthans ecifled
p
l positis'e locking disconnect screv~ shell and center cnn• paleheighl.
thick, lul
sealedvrithone-
y plugs. Alt ballastsare 100i» tact. Ceramic metal halide
piece tnbutarsibconegasket• Iactorylested.Highreac lampsarerecommendedlpr Listings
- f finish: Standa rd finish is dark lance. high pavty factor for use in appliealions where Ul listed (standard). (SA (tv-
bronze pplyester pmvder 150:4 anA belm'r. Constant superiorcolor rendition, tiAed or NOM Certified tree
s
~ hnish.Additionalarchilec. wattageautotranstormx lumenmaintenanceand Optionsl.Ultistedtor25'(
" li ~~l
~ r turalrolanavailableaee 175rNandabrne.MH:ISOW longrrlamplifcaredcsired. ambienlandwetlocauons
I° II vrvrsv.lilhonia.comtarduolors. and bebw arestandard with Fluorescent iifour-pin posi- U.S. Patent Nn.0447, 570.
.a ~_.__ pulst-stanignitsxterhnol- tirelartbinythr,u,uplastis. CanaJianPalruttda94324.
>y; Optiu pgy. Super (WA Pulse Start LFI is standard 35K; lor(ft. 1P65 Rated.
Anodizediegmentedreflet- ballasts.884deffidcntand
tort (orsuperiorunifprmity FISAlagislatinncompliant,
andrpntroLReflectorsattarh arc required for 151-400W
i PulseSfart
~~" Fmshortestteadomes,cpnhgureproaurtsusingboldedoptions.
_
__ _ _ Exarnple:
_. AS1150MSR1T65PALPl
Se,ies Lan,ptype' Distribution' Voltage Ballast Mounting"
ASl Hiphnressure 4005 250M Compact SR2 Typellsegmented 120 (blank) Alagnetic Ship~igQVSISSI U(ASl AS1Decoarmlm
A52 50 r ~ !,letal 32065' Oucrescen[ SR3 Type Hl segmented 208" ballast SPA Squarepolemountinq squampolr
ASTT 355' halide g00M 2f32TRP SR45C TypclVscgmenu+d, 240" CNI Constant blink 0(ASIfT AS1Uernarmfor
SOS` SOMa 42TRI
AST2 ,letalhahde fT,shar cutoff
P 277 wattage
'' RPA Round polemounling round pole
705 )Oki" a r a 2f421RT° SR4W Typel4segmenteA, '
347 isolated
' block D(AS1 AS2Decparmfor
1005 IOOhi° >OhdH(=t 57TRT tl,endc
80'~ SCWA SuprrCt:
A
ballast YrBA Nall bracke[Wpordown) squarepnlr
1501 TSOM 7061HC" 70TR1 SRSS TypeVsegmented, ,
TB's phi Ya I
-~~~ ~ ~ DCAS2R AS2Decoarmfnr
,mind pole
2005 T7 c 100ASH(~ square
23050H2' ASK64A1 ASimastatmadaplor
2505 200fd' 1506111( fdVOtT' ASKMA2 A52mastarrnadaptor
Option s
Sys ms called
Sr Single fuse, 110V,177q T47V''
OF Uauble Iuse,108V. 24UV, 4804'`
G61F Internal slaw hlowlusinq
ftDYt Bodineemergcncybattcryhackup"
CC Emergencycutuil"
QAS Quartzrestrikesystetrt'`
' ; i '~' ~ (i,f _coradditipnalpraductinformauon.visiltvarvrlilhonia.com.
.-.. z ~ n,:av ,rv ~. ~'YF`twr.. h:'drN :r•rvr r fs""`"`Wr'yrG, at0,
SEh~cS IAASPIYI'F GIiTAiOUIIU}1 {SffP0iFL1AUERltd(~,P1U:ESSSi Notes
351, SOS, 5061, iChNIC, iOS, 7Cbs.70fAHC, i)b119nS 14140' 1 Spt:iFj lamp ppeanddisranldinn Ste
ASI,AST1 ' 1001,100A1,100MH(,EiOS, Ii061, 150MH(,. SR2, SR3,SR4SC,SRSS Ob128A$ Iat 180' (onhgwxn::ruable.
___:__ 17Sfn1.47TRT.~7TRT.l(ITRT _ __._.._
Oh129AS
7st7p'
1 kora,huMee:ens(yr~i
ASI,AST1 2R2INL2l42TRT SR3 _ _
-GA139A
S 3at70' - i uovnnlp.
ac7. qq-a ' 17565,2005 200rSt, Zi0S, 2506t, 320M, SH7.SR3 SR45C SR4sV, _
OM49AS--~ --~ 4a190~ _ ~~~~ _~- + )204 and 2:+t'anly.
,sW1 •ui~ dw,61 ilii5
..~.w+v~vm,.nswsstrtaea~:a:.e«.~
o. ~~ a, ~ ~- f",1)''. , rt 120"(raun~oleson~l 5 kot armlaMeweh 4804.
.
DravungSali-IoldlllrelrHlilialdelalVlliydlulllldybU3lkpRSri11$lnalrrniluaNal ~`°'~"" "," "^'"` n F.ot avatlaN2AS17aSI11C S'rA.
cartAguranonGlmrnsFssalesnannininthts rentrmeter>I:Inltssolhaanznotrd. / Frost 62ddrredY(IInS(YrA
_ --.
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6.114 [ 11'r ~ A-s/d d11~ -- ~- - -
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ff.~~11 I ;
--.~.
r
~ 8 6otappL•rableavht+tP
') Eva Lloe in CRinnly
t0 6'usr specify ClRlfm use is Canada
13 22-1!4 17
~ 28-112
. tt Opnoaalnnllti~taplultastlt20V,M3Y.
{3301 156.5)
{4316 ~ {72.41 24p4.7r7Y71r. (anaoa t20Y,2IIV. 34n';
ASIIASTt -.-,
A12/AS T2 :-Fins ai l2pYH4rY.
12 (oasult faumyfsu armlabL•c~:auaget
EPA: O1t[r 1.07 rn') EPh 12h' I1 I m'I 11 Multi roll tlecnonir bailasl {uwpMt
A4az.tvpiyht: 75.91bs(11.7kg1 F.4nz.weight 401bs{182kg1
PER htEMAtv.~st-Ipckreceptadeonly°'
HS House sldeshield"
CSA rtteetsEanadianstandards
FlOM O.teets65exiranstandards(ronuAtfeunry)
IHTt AvailableforklHpmbestarlshipping
outsldethe U.S.
Shi _ SPa~Sx
PEt HE6SAhvisTlotkPlll?OV-2404!
PE3 NEMA tvnst-lock PC [34Itq
PE4 NEbtAtvristlockPE1480VI
PE7 NE6tA R'iist lock PE (2)/'J;
S( Shorting cap tar PER option
VG Yandal guard''
Finish 1 ampod
(blank) Darkbronzcistd.) LPI !amp
DBL Hlatk included
UGC (harroalgray L/LP tesstamp
Dld9 iaediumbronre
DNA ttaturalaluminum
DWH White
(R EnhantedrormSionrc5istance
CHI Flpn-stirkprmertiveroatinp{blarkt
Alaesterttcn!pt ca,ableatnc^nrin7cn
any bne voltage btt:reen teat' end 27)4.
td a!auntuy Nark imludad uandsrd.
!5 r.!oented inlet r.,p.^.rienhuo~•, ^rtuly
ndamplaanon ratrd. 65i aradeble:r,
duvet aiemauun only.
'G Neybe ordered asoue»o,p.tbl available
octet Asl.
17 6tuaspttdyflrmn.
!9 iF, Of.OAi tC, cr(LDS@nncrs annot 7t
cmrue to7emrr.
14 6Wanum allmvaole oaL•aYPlamp
inriudpd
2v IMlotarrllnuhntsudrd.
21 SA1, SH), SA44Y poly.
t7 Rrnztt+tb fiabnrntrnr a:~rt sirr lr q.
AS 1441.
S2® '~=5 L1THC1N1.rt 1/GHT/JUG 1-R00-274 80r11 (s:'wtv.lilhonia.tom PSG10
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PROOUCi INfOAMATION beneral Purpose
IntendedNse mdudessiottedhez-head Electrical sheliand[entercantacl(UL
T AC For entrances,stamrells,car- and tamperprooffaslen- Componcntsamnmumedtn lisledG60tV,600Vand4KU
ndlusandotherpedestrian ers.Finishisdarkbronze thecast•aluminumhousing, pulserated.}fluorescentis
tontour~ areas.Notrecommended (OOBlrorrotion-resislam promolingmazimumheat four-p(npasitivtlatchinq
forapplicationsaith6e• polyesterpe'a'der. dissipation.Bailast:All IhcrmoplasticlPlisstandard
quentexposuretoharsh ballasbarc100Smfartory 358for{Fl.
chemicals or commercial Optics
rested. MH: High reactance,
• ~ a ,~ .
~ - ~ '~9?:.+M..
cleaning surds (e.g., car Front hooting and rorrortnr
nrgn prover tenor rot now tnztallatinn
w `"n''~" '~"""'
"~"`
" washes).lnstallationsin are one-piece,mjegiorr andbelosv.i50Vlandbcloty Topll2"lhreadedwiring
i
"
t ~~-~+~ry'^~
su[henvironmentsmay molded,U1'stabdized
are standardsrithpulse-start access. Back accessthrou h
g
• " ~~•A -s-•-~~ LL•~°°
-
+~k~«a
lead to prematurefailurc polyrarbonate.Oree-piece,
iynitorle<hnology.IIPS: 314"opening. For(eed Ihru
.~
` _
`~"'°`
oftheluminalreandvoid die- farmtd re(Itctor Is
Aeactornormalpovrer rririn , use rondulet tee
q
~.;a,-. ~ ~
*
thewarranty. diffused aluminum. Refrar-
roris[lempolycarbon-
faclorstanAardforl70U. (rent includedl. knunt on
any flat non-combustible
x
t< ~
„pFavaila6leiXHPoption;.
~ ~~ .i Construction ate, providing IES cutoff
Othervollayearehiyhponer vertical surface.
-T- r., Housing:Rearflousingis dislributianandmatimlrm factorstandard.Fluoresccnt
listings
.~_,y.,,~,,,,, "r~..aax~a
"`~ rugged, die-castalwninum. IaterallighloulpuLSlan- ballastsareelectrnnicHPF Ullistedhwndard}.CSAur
- FrOrItC0Vef150[le-pIPCe, oartl0mshtsAarkMnnze t26DTTandTAT). NOM Certifiedlsee0ptiom).
UV-resistant, injeaion- pulycslerenamel, Front
m0ldedpolycarbonate, [over sealeda•ithone-piece, Sake1•HlDispnuelain.hors Ullisted(oneellocatians.
inrrrnatlppainted.(apliee highlempaelurc>iliconc zonlallyoricntcd.medium~ IP65rated.
externalhardrrareistreated gaslte!toinhihitentrancenl basesnrketv:ithcopper
forcorrostenresistanreand outsiderontaminants. alloy. nickel plated screw
ur
l:r.i''I rryiTcH
s ~ ! ,,~'__ g p g p
!:,)~, , ~ Forshortestleadtimcs,tvnn tits roductsDUn boldedo lions. Example: TUdAC 1005 110 LPI
Series lamptype lbltage Ballast Options
TWAC Highnrecsurecodyt!r (~mpattf7uorrscent 120 (blank) !.iaynericballasr SI!ip>.nyl!IASd
3U5' 76DT1 1DB' C!'yl COn tlanl A'allage IS01dIPd SF singlp Erne, itOV, mv, ld7v
SOS' 32TR1 2a0~ XHP Hlgh rear ance Uag), high power faaor' DF Onuble /use,10RY, 240U
705' 42TNT 277 6Alf internal slovr-eloer tuunq°
1005' 347 EC Emergen[ynrcuil'
?,le lhali a TBa ORS Ouartzreslrikcsystcm'
SOM MVOLP
70M 230SOHZ
i00Aq
Options (continued) Finish Lamped
UU1 Emcrgen[ytir[atiP1;35141ampinduded"' PE Pbotoelectrict[Hl buttonlype" (blank) Oarkbronze LPI Lamp
7DC12 hneryen[ytirtuill2'l:lwo3ilViampsinduded" CSA Meets(anadiansaletystandards D4'!H 1L'hite included
DC2012 Emergencyrircuit12U;10WIampintluded"' :tOAt Meetshlezicanstandards(ronsullfactmy) DBL Black L/LP Less lamp
2DC2012 Emergency ti«un tPl:lvro JOW lamps indndrd'~' Shiptmpararely'' ntsx hlndium hmme
WG 4Uireguard DNA Isaturalalummum
DSS Sandstone
Cn Enhanced corrosion«sisWnu
CHr Nomstickproletuvc[aalinglblark:
~, „a, l+.i+.a.+ta'.Fora<Iduional product information, vrsil.rn••n.bthonia.wm.
' ~~~+"'`'''~" '°`ir"i rt'Y"~'f r^9~Y~'"`"tar~,....~F._ *`^"^0.- ikarnrtgs arely d~mrnsienal derail ontyand map n.r repre!ent acwal
lAhli'ItYL ClNillll tAMVSiiAi'E L{A$E T'i-~hamwlc ldtyutalie. .ra-ntironert fh ntv uttrthrS etliurcl~n;
- 3?? - __ ___. K'!i'E t 17 Meomm unteis amerroe noted.
--
SQS__ __Rt?f_,___.-..__ [.17 Medium _
705 _ F.NPF E77 Medium ~ - - - ~1 ~ I
.____ ___
1005 RNPf ___ E17 -_ Medium.- i rl ' ' j,
5014 !IX-IiPF E17 Medum ~ I ~'.
70,',5. fIXMPF E17 Mcdturp ~ ; 125A1 I i'
1QO:L1 _, HX HPr - _ Ell Medium i _ - i l
..~~...t~ I ~i ._..
26011 Elerirnmt HPf T4 C1(32'J-3 i ~~ ~ ' '- -
32TRT _[IecUanic,HPF T4 GX24Q-3- -_ '
a21AT Eletlrontc HPF Id GX24Q-3 It-t!7 9
.e..a... ~...am.,_'^~ ~~,.., <.. _ n.,:.... ,.....-. _._ 129.2i ~ 122.71
Max. etaigh[: ID Ibs 14.5 kyi
Notes
I lie(! 'IPF n.r y
2 11UV nPlpr ii tla~dard: d09t74C:17/r33)V an^. in are high rPaPtan[P.
hiyh p7rtn Nctx
3 td.ui[SpPCily Cr'illur u!e nCanadt.
J Upnaaal return-cap hailau ^)uV ALSV. )SnV. 7)rSL ht Grunt l)nV
11 tU. iaTy. sins as t 20y~ 31?''F
5vpnwralntultsmn+L^atom;halla,ti:nmpaattubrrscrntnnlri
iapaWr of operatna any h~e:•bltage hom t LvVd!)V
ti Lnn;ult booty fret nrlab4 e::n!ag.-..
7 Umi•araiia66+rvith 1201•.
K (Fl only. Yust spPOlp rnllage Aut avnldblp pith Ere'UU
4 >!au~naotaatta;e!arnp:ndudPd.
10 NlDonh~nra Qxi,fr nl cl0:~
I! F.'cttipeci~~~cstage.!IotatvOaelr;37cr15.
t! A'ay~br ordered as an a«rssny:tSVACSi'G
55~ +`" ~- t/Tlci'ONLA eJCHT/,NC' 1 800-27y-H041 ~ H'vrs•:.iithonia.rom PSG10
Wells Fargo Bank, N.A.
Trade Services Division, Northern California
One Front Street, 2l" Floor
San Francisco, California 9411]
Contact number: (800) 798-2815, Option 1
E-mail: sftrade(a)wetlsfar¢o.com
Irrevocable Letter of Credit Number NZS675204
Issue Date: January 27, 2011
Beneficiary: City of Meridian
33 E. Broadway Ave., Suite 210
Meridian, ID 83642
Attention: Planning and Zoning
At the request and for the account of Idaho Self Storage Linder, LLC, 8312 W. Northview Street, Suite 120, Boise, ID 83704,
we hereby establish our Irrevocable Letter of Credit in your favor in the amount of Thirty One Thousand Eight Hundred Fifty
One and 82/100 United States Dollars (USS31,851:82) available with us at our above office by payment of your draft(s) drawn
on us at sight accompanied by your signed and dated statement worded as follows: -
"The undersigned, a duly authorized representative of the City of Meridian, hereby certifies that the amount
drawn under Wells Fargo Bank, N.A. Letter of Credit No. NZS675204 represent funds due the City of
Meridian due to the failure of Idaho Self Storage Linder, LLC ro complete the sewer, water, pressurized-
irrigation, street lights, landscaping and fencing in the standalone lo[ within the City limits of Meridian:'
This Letter of Credit expires at our above office on June 15, 201 I,
Partial and multiple drawings are permitted under this Letter of Credit
Each draft must be marked "Drawn under Wells Fargo Bank, N.A. Letter of Credit Number NZS675204 dated January 27,
2011".
Each draft must also be accompanied by the original of this Letter of Credit for our endorsement on this Letter of Credit of our
payment of such draft. -
If any instructions accompanying a drawing under this Letter of Credit request that payment is to be made by transfer to an
account with us orat another bank, we and/or such other bank may rely on an account number specified in such instructions
even if the number identifies a person or entity different from the intended payee.
Uraft(s) and document(s) under this Letter of Credit may also be presented for payment at Wells Fargo Bank, Boise Letter of
Credit Operations, Boise Service Center Bldg, 3033 Elder Street, I"Floor, Boise, Idaho 83705, Attn: Manager.
We hereby engage with you that all drafts drawn under and in compliance with the terms of this Credit will be duly honored by
us if drawn and presented for payment at our office on or before the expiration date as specified herein.
This Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007 Revision), International
Chamber of Commerce Publication No. 600, and engages us in accordance therewith.
Very truly yours,
'_ lilt` _.~,::1~1;By:
The original of this document contain the seal of Wells Fargo Bank, N.A.
Wells F~argoJBank, .A.
~~:V v
(Authorized Signature)
Together we'll go far
.._:: .
cS0-ShipmcnYDctails Yagc I of l
Outbound Shipment Details:
Ship From:
EISA CHAU/ REF. 675204
WELLS FARGO-WHOLESALE BANKING
1 FRONT ST FL 21
SAN FRANCISCO, CA 44111
800-798-2815
A0195-212
Ship To:
PLANNING AND ZONING
CITY OF MERIDIAN
33 E BROADWAY AVE STE 210
MERIDIAN, ID 83642-2619
000-000-0000
Package
_..
~ Package Type Weight
~ Dimensions Tracking Number
1
1
___ Envelope
_ _ N/A
_ _ ___ 796702227249
_ _
Carrier:
FedEx
Shio Acrt~
User:
Eisa Chau
Service: Ship Date: Delivery Date: Label Delivery:
FedEx Priority Overnight 1/27/2011 1/28/2011 10:30 AM None
Rill Acct;
WF Shipment ID:
16424001
(For Wells Fargo. use only)
AU: Billing Type: Total:
0064082 Bill Self ~y
Shipment Quantity:
1 package
https://fabst-win.wel lsfargo.com/eso/track_details.aspx?sld =16424001 1/27/201 1
PLANNING & ZONING DEPARTMENT
INSPECTION CHECKLIST
COMIVIERCL4L/CZC SITES
This checklist should be attached to the inside cover of the CZC file at ALL times.
Planner/InspectorName; ~,r ~~ d~~~
„^
Project Name: ~-'&^ti@f` °'°~~~~-~ ~ f""~ca~g~/ CZC FileNo.: ~~}°~}~,~
Contractor/Company Name:, ~ i SS ~' ~ i ~ i +^e. Phone No.: "~ ~ "
First Inspection Date: j / ~ (/ 1
Second Inspection Date: ~ / (~1 / ~ E
Third Inspection Date: // (NOTE: If a third inspection is required, a fee of $53 must be
submitted to the P&Z Dept. be ore the inspection is done.)
- _ ._
3. Caliper/size of trees.
(measure 6-8 inches above
4'. Species mix per plan,
:,? -
5' G}•oundcouer (jsseeded,'
'. veri erfninkfion)
' 6. Right=of-'way landscaping
7. Verify no encroachments
8. Berming (max. 2.•1 slope;
3:1 if lawn)
~ G. Planters . ''-
1. Verify min. 5' b/w curbs
2. Verify min. 50 sq. ft. fir'
3. Plantings per plan
I. Verify existing tree(s) ( I „i
rata inara t'~
2. Verify mitigation tree(s)
1 Rev. ;7:35.-(Jy
,x: iPc~L;73r.rd~ n&7.~11ntinDepnr~rreerrl Pntic•ies