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Pages Plus TCUPCITY OF MERIDIAN APPLICATION FOR TRANSFER OF CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT FOR:_ ~ ~ ~ s ~ /ti s OWNER: Gsv /a /^Zo c PHONE: <588-7tt7~ ADDRESS: ~~ F, Sf. f~ ,~v~ TRANSFER TO: SrSS-86 ,?0 -~ qF- .T.n f+vA, e f,•'o a St v /: a es ~- ADDRESS: Z ~' ~'.,~,~ .~~ ,~,,~ SOCIAL SECURITY NUMBER: 3 0 9- S'g- 08 4 3 GENERAL LOCATION: ~/ ~; ~,~ DESCRIPTION OF CONDITIONAL USE:~e a /t_S,Fe .-~ ~- Z-„~,~,,,,r~t ~esc.~ey Sc v ~! i t c ZONING CLASSIFICATION: CJ T- PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35 copies). Signs plicant LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian City Council will hold a Public Hearing in the Meridian City Hall on at _, m. The purpose of the Hearing is to consider the transfer of a CONDITIONAL USE PERMIT submitted by to for the property generally described as located at SUBDIVISION, BLOCK _, LOT TO s +, CONTENTS OF CONDITIONAL USE APPLICATION -TRANSFER At a minimum, the application shall contain the following information: 1. Name, address, phone number and Social Security Number of applicant; 2. Name, address and phone number. of owner of subject property; 3. Licensing documentation (day care only) 4. Legal description of properly; 5. Proof of ownership of subject property (warranty deed); 6. Name, address, phone number and Social Security Number of person to whom Conditional Use Permit transfer is being requested; 7. Description of existing use; 8. The District (present zoning) that pertains to the subject property; 9. A listing of the mailing addresses of all property owners (from authentic tax records of Ada County) who are within three hundred feet (300') of the external boundaries of the land being considered, and a list of all owners within the area being considered for a conditional use; 10. A fee established by the Council; $200.00 + $1.42 each for certified mailings for each property owner listed within the 300 feet =Total Fee 11. The application shall be verified by the applicant which shall state that he has read the contents thereof and verifies that the information contained therein is true and correct. 12. The property will be posted 1 week before the hearing stating they have applied for a Conditional Use Permit Transfer. There must be a signed affidavit that this will be done as part of the application. 2-418 J TRANSFERS 1 • l wn -Conditional Use Permits for land in Old Town may be transferred from old owners to new owners or from old occupants to new occupants or from like to like uses by petitioning the Zoning Administrator for approval. The Zoning Administrator may approve or deny the transfer or refer it to the City Council for decision, but no public hearing shall be held. Appeals may be taken from the Zoning Administrator to the Council. 2. Non-Ol Town -Conditional Use Permits for land in a~ other district other than Old Town may be transferred from old owners to new owners or old occupants to new occupants for the same use for which the original conditional use was granted by petitioning the City Council. The City Council shall hold a public hearing on the petition after notice of said hearing having been mailed by certified mail to all property owners within the subject land and to all property owners within three hundred feet (300') of the external boundaries of the subject land. 2-418 K REVOCATION All Conditional Use Permits are subject to revocation by the City Council. If the City Council decides to revoke a conditional use, either on its own action or upon complaint to the City Council, the City Council shall notify the permit holder of its intention to revoke the Conditional Use Permit and provide the permit holder with the opportunity to contest the revocation. If the permit holder contests the revocation of the permit by delivering to the Zoning Administrator a letter of contest, the City shall hold a hearing on the revocation. Fifteen (1ST days prior notice of the hearing shall be given to the permit holder and all property owners within three hundred feet (300') of the boundaries of the land winch was issued the permit. The City Council shall make findings of fact and conclusions of law supporting its decision to revoke the Conditional use Permit. If the City Council does not decide to revoke the Conditional Use Permit, no findings of fact and conclusions of law shall be made. An aggrieved permit holder ar complainant may appeal the decision of the City Council under the Administrative Procedures Act of the State of Idaho, Section 67-5215(b) through (g~, Idaho Code. (Ord. 592, 11-17-92) CONTENTS OF CONDITIONAL USE APPLICATION -TRANSFER At a minimum, the application shall. contain the following information: 1. Name, address, phone number and Social Security Number of applicant; 2. Name, address and phone number of owner of subject property; 3. Licensing documentation (day care only) 4. Legal description of property; -a' S. Proof of ownership of subject property (warranty deed); 6. Name, address, phone mtmber and Social Security Number of person to whom Conditional Use Permit transfer is being requested; 7. Description of existing use; 8. The District (present zoning) that pertains to the subject property; 9. A listing of the mailing addresses of all property owners (from authentic tax records of Ada County) who are within three hundred feet (300') of the external boundaries of the land being considered, and a list of all owners within the area being considered for a conditional use; 10. A fee established by the Council; $200.00 + $1.42 each for certified mailings for each property owner listed within the 300 feet =Total Fee 11. The application shall be verified.by the applicant which shall state that he has read the contents thereof and verifies that the information contained therein is true and correct. 12. The property will be posted 1 week before the hearing stating they have applied for a Conditional Use Permit Transfer. There must be a signed affidavit that this will be done as part of the application. ` r ~ OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney March 20, 1996 Mr. Loren Ross P.O. Box 155 Meridian, Idaho 83680 ROBERT D. CORRIE Mayor COUNCIL 6!EM.gERC WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY . P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY Re: TRANSFER OF CONDITIONAL USE PERMIT -NEW HORIZON CHILD CARE (For service address: 305 E. Fairview Avenue -Acct. 50-1206) Dear Mr. Ross; In accordance with our policy to evaluate existing water and sewer assessment fees for a commercial account undergoing remodel, change in use or change in operation, we have completed a review of the most current 12 month historical water use records for the above mentioned service address. An adjustment to the current assessment is necessary at this time, to bring it in line with the actual water usage. As I mentioned in my memorandum to the Meridian City Council for the request to transfer the Conditional Use Permit for New Horizon Child Care, the applicant will be required to enter into a Re-Assessment Agreement with the City (Agreement attached). Since the water line that serves tt4e child care facility is the same line that serves the paint store, the City has no responsibility in the division of the utility billings. Your assessment is currently set at 4 Equivalent Residential Units (ERU) for both water and sewer. With your historical usage as a basis for the adjustment, we are adjusting your new assessment to 16 ERU for both water and sewer. Please refer to the attached supporting documentation for an explanation of how we arrived at your new assessments. If you should have any questions, or need additional information, please don't hesitate to call. Sincerely, ce A. ~, Assist. to Public Works Director cc: File B. Stuart J. Shawcroft City Clerk L. Balls HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 c: tancr:~wPwrrncr:Nr:RAt,~ROSS. tax '~` ~ 1 Equivalent Residential Unit (ERU) Existing Assessment Set @ 4 ERU (4 x 7500) Average Water Consumption (Historical) 119,083 Gallons - 7,500 Gallons/Month Adjustment to Assessment: 16 ERU - 4 ERU Balance Due: 12 ERU Water Assessment ~ $500.00 12 ERU Sewer Assessment @ $1,370.00 TOTAL DUE: = 7,500 Gallons/Month = 30,000 Gallons/Month = 119,083 Gallons/Month = 16 ERU = 12 ERU Water & Sewer _ $b,000.00 = 16,440.00 $22,440.00 C: \OFFICEI W PW 1N\G G P1G RAL\ROSS . LTR ~ ~ ~ ~ ~ 1. Term ..................................................... 1 2. Rental ........................... ...................... 1 Base Rent ................................................ 1 Additional Deposit ....................................... 1 Rental Adjustment ........................................ 1 3. Option to Renew .......................................... 2 4. Taxes and Assessments .................................... 2 5. Use ...................................................... 2 6. Maintenance .............................................. 2 7. Improvements ............................................. 3 8. Inspection ............................................... 3 9. Liability Insurance ...................................... 3 10. Trade Fixtures ........................................... 4 11. Signs .................................................... 4 12. Utilities ................................................ 4 13. Liens ... ................................................ 4 14. Damage or Destruction .................................... 5 15. Default .................................................. 6 16. Other Remedies ........................................... 7 17. Restriction on Assignment ................................ 7 18. Eminent Domain ........................................... 8 19. Waiver ................................................... 8 20. Attorney Fees and Costs .................................. 8 21. Accord and Satisfaction .................................. 8 22. Quiet Enjoyment .......................................... 9 23. Holding over ............................................. 9 24. Attornment ............................................... 9 25. Subordination ...................... ..................... 9 LEASE 52 E. State Ave., Meridian, ID 83642-2343 THIS LEASE made in and entered into this day of December, 1996, by and between Loren D. Ross and Gayla Ross, hereinafter called "Lessor," and George O. Jacox, dba Kestrel Books and Information Services, hereinafter called "Lessee." W I T N E S S E T H: That for and in consideration of the covenants and agreements herein contained, Lessor hereby leases and demised to the Lessee that certain real property hereinafter referred to as the "premises," together with all improvements,.described in this lease consists of a portion of the following described real property situated in Meridian, Ada County, Idaho, and more particularly described as 52 E. State Ave. and together with the fixtures including plumbing, fixtures, lights, heating and air conditioning units, and, an electrical sign box. TE To have and to hold the above-described premises together with the tenements, hereditaments, appurtenances, and easements herein stated for the term of three (3) years commencing on January 1 1997, and ending on December 31, 1999. RENTAL. BASE RENT. As annual base rental for the leased premises, Lessee agrees to pay to the Lessor $14,400.00 (Fourteen thousand, four hundred dollars) payable in monthly installments of $1,200.00 (Twelve hundred dollars), by paying Loren D. Ross and Gayla Ross the first day of each month during the term hereof . The first such installment has been paid contemporaneously with the execution hereof, and, if the Lease term shall commence on a day other than the first day of a calendar month, the rent installment for that month shall be adjusted on a per diem basis for the days remaining in such calendar month. (See Rent Schedule for year one, Price Index, with a 5$ cap. OPTION TO RENEW. The Lessee shall have the option to renew the lease at the termination of this lease. The Lessor shall be notified in writing, thirty (30) days prior to the termination of term of this lease. Terms and conditions shall be established at that time. TAXES AND ASSESSMENTS. (a) Lessor shall pay all real estate taxes and assessments. (b) Lessee shall pay prior to delinquency all taxes assessed against and levied upon fixtures, furnishings, equipment and any property of Lessee contained in the leased premises. USE• At all times during the term of this Lease, the Lessee will use the leased premises for retail and computer information systems. The use and occupation of the leased premises by the Lessee shall, at all times, be conducted in compliance with federal, state and municipal statutes, ordinances and regulations subject to Lessor's obligation to make improvements, if any, required under this Lease made by Lessor. The Lessee will not permit upon the leased premises any debris or waste material, except in appropriate receptacles, or any commodity or articles which the Lessor's insurance carrier shall designate to be extra- hazardous or which shall increase the Lessor's insurance premiums. The Lessee agrees that Lessee will at all times protect save and keep the Lessor harmless from and against all actions, costs, expenses, damages, counsel fees and/or loss of every kind or nature arising from or growing out of the occupancy of the leased premises by the Lessee or arising from any act or omission upon or in connection with the premises by the Lessee, his agents or employees, and the Lessee agrees to indemnify the Lessor on demand for any sum or sums of money that the Lessor may be required to oav The Lessee shall maintain the interior of the leased premises in a condition of good repair, which shall include ordinary maintenance and repair, in a timely fashion, of plumbing, wiring, light fixtures, air conditioning equipment, hot water heaters, floors, interior walls and ceiling, and the heating plant, which, as installed, shall be used only in connection with the leased premises, and shall also include the replacement of broken window glass, irrespective of cause. Lessee shall have sole responsi- bility for all maintenance of sanitation fixtures. Lessor shall maintain fn good repair and order the foundation, footings, exterior walls and roof of the building situated on and a part of the premises. Lessor shall maintain all lawn and shrub areas. Further, Lessor shall at its sole expense, promptly make all major repairs to the furnace and air conditioning equipment, or the replacement thereof, if necessary. Major repairs defined as repair/replacement in excess of $100.00 per appliance. IMPROVEMENTS. All improvements existing at the time of the commencement of the lease shall remain the property of Lessor subject to Lessee's right to use the same until the termination of this lease. Lessee shall make no alterations, improvements or additions to the premises without the prior written approval of Lessor, which shall not be unreasonably withheld. All alterations and improve- ments by Lessee shall become the property of Lessor at the termin- ation of this Lease. INSPECTION. Agents or representatives of the Lessor may enter upon the leased premises, on reasonable notice to Lessee and at any reasonable time, to examine the condition thereof. LIABILITY INSURANCE. The Lessee agrees, at Lessee's cost and expense, to procure and maintain during the entire term of this property, in a minimum amount of TWO HUNDRED FIFTY THOUSAND ($250,000.00) DOLLARS; for injury or death of any one person, in a minimum of FIVE HUNDRED THOUSAND ($500,000.00) DOLLARS; and for injury or death to all persons arising out of a single incident or accident in a minimum amount of ONE MILLION ($1,000,000.00) DOLLARS. TRADE FIXTURES. Any trade fixtures, equipment or other personal property installed in the leased premises by the Lessee, including those affixed to the walls, ceiling, floors, or other part thereof, shall remain the property of the Lessee after termination of the Lease, subject to the right of Lessee to remove the same at any time during the Lease term. In the case of trade fixtures or equipment which must necessarily be affixed to the walls, ceiling, floors or other part of the leased premises, removal and installation thereof shall be conducted in such manner as to minimize as far as practicable any damage to the premises and, in case such damage shall occur, Lessee shall promptly repair and restore the premises to their condition at the commencement of this Lease, ordinary wear and tear excepted. SIGNS. The Lessee may, at Lessee's expense, cause a suitable sign to be erected on the exterior of the leased premises provided such sign is removed and all damage fs repaired at the end of the term of this Lease. jjTILITIES. The Lessee shall provide and pay for all heat, gas, electricity, telephone, and other utilities consumed or used by Lessee in connection with Lessee's occupancy of the leased premises. Lessor shall provide and pay for all water, sewer and trash removal (two cans). Lessee shall pay for dumpster if necessary. LIENS. In making alterations or repairs upon the leased validity or enforceability of the lien or encumbrance or the obligation on which the same is based, provided that Lessee shall have posted bond or other security adequate to protect Lessor's interest. DAMAGE OR DESTRUCTION. In the event the building situated on the leased premises is damaged by fire or other casualty to an extent which will nevertheless permit the Lessee to utilize at least seventy-five (75$) percent of the floor area of the leased premises for the conduct of Lessee's business during the period of repair, and unless such continued use would pose substantial risk of safety .or health hazards to the employees or customers of Lessee, this Lease shall not thereby be terminated, and, as labor and materials are reasonably available therefor, the Lessor shall promptly repair the damaged portion of the leased premises and restore the leased premises to substantially the same condition as before such damage, and Lessor shall be bound to use and apply any and all insurance received by it to such prompt repair. Provided, the Lessor shall have no responsibility for the repair or restoration of any alterations or improvements installed upon the leased premises by the Lessee, or of any trade fixtures, furnishings, stock or merchandise, supplies, etc., of the Lessee. The rental to be paid by the Lessee to the Lessor during any period of repair and restoration of the portion of the leased premises which the Lessee may use for the purposes of Lessee's business during that time. Lessee hereby waives and releases Lessor from any claim for damage or loss to Lessee's trade fixtures, merchandise, inventory or other property which may result from any failure of equipment, pipes, heating or watering systems, roof or windows of the leased premises. writing, delivered to the other party within 30 days following the occurrence of such destruction, this Lease may be declared terminated by either party as of the date of such destruction, in which event any advance rental payments shall be promptly refunded to Lessee and neither party shall have any further right or obligation hereunder. Should neither party elect to terminate the lease within the time allowed, this Lease shall continue in full force and effect, and as labor and materials are reasonably available therefore the Lessor shall proceed with due diligence to restore and reconstruct the leased premises to substantially the same condition as same existed before such destruction, provided that such reconstruction shall in any event be completed within six (6) months except as otherwise agreed to by Lessee, and provided that rental to be paid by Lessee during the period of repair and restoration shall be reduced proportionately for that portion of the leased premises, if any which the Lessee may use for the purposes of his business. DEFAULT. In the event of default by Lessee of its obligation to pay rent hereunder within fifteen (15) days after demand therefor by Lessor, or if it shall fail to pay rent within fifteen (15 ) days after it is due on three ( 3 ) or more occasions in any twelve (12) month period, or, in the event the Lessee shall abandon the leased premises, and if such abandonment shall continue for more than five (5) days after written notice thereof by the Lessor to the Lessee, the Lessor may thereupon declare this Lease terminated at its option. Or, at the Lessor's option, in any such events, Lessor may re-enter and retake possession of the leased premises and relet the whole or any part thereof upon any terms or conditions determined by the Lessor. In such event, the Lessor shall have the right to collect any rent which may become payable Lessor shall not be deemed to have terminated this Lease by taking possession of the leased premises unless notice of termination, in writing, has been given by the Lessor to the Lessee. Should the Lessee default in the performance of any of the terms and provisions of this Lease, other than payment of rental or be vacating or abandoning the leased premises, and should such default continue without cure for more than thirty (30) days after written notice thereof by Lessor to Lessee, describing the nature of such default and demanding cure of the same, then and in any of those events, the Lessor may cure the default of and for the account of and at the cost and expense of the Lessee, and the sums expended by the Lessor together with interest thereon at the rate of eighteen (18~) percent per annum shall be added to the rental payable by the Lessee under the terms of this Lease, and upon demand, shall be paid by the Lessee to the Lessor; or, at Lessor's option, upon the expiration of that period of time following notice, the Lessor may exercise any option afforded it in the event Lessee fails to pay rent within the time provided. For any cause should this Lease be terminated, or in the event of default or abandonment by the Lessee should the Lessor desire to relet the leased premises, the Lessor may re-enter and retake possession of the leased premises without any process of law and without being deemed guilty of or liable for trespass, and the Lessor may, at the expense of the Lessee, remove from the leased premises and place in public storage for the Lessee all merchandise of the Lessee and the fixture, fixtures and other property of the Lessee subject to Lessee's right of removal under the Improvements and Trade Fixtures provisions of this Lease. OTHER REMEDIES. The remedies given Lessor in this Lease with ~_....,.....~ a..., r.,~.,~ee/Q rlnfa»11- aro in aAr]ition to and specifically do premises covered by this Lease, without the consent in writing of the Lessor, and any assignment or subletting in violation hereof, shall be invalid and of no effect, and shall constitute a breach of this Lease, provided that Lessor's consent to assignment or subletting shall not be unreasonably withheld. EMINENT DOMAIN. In the event the demised premises shall be appropriated or taken under the power of eminent domain by any public or quasi-public authority and wherein such exercise of eminent domain shall be less than fifteen (15~) percent of the total premises area (including the subject building and surrounding driveways or parking areas) then, at Lessor's option, the Lease shall not terminate but the monthly rental to be paid by Lessee to Lessor thereafter shall be reduced in direct proportion to the percentage of such area so taken provided that Lessor shall promptly make all repairs or restoration required to render the remainder of the leased premises suitable for the continued business therein of Lessee. If, however, fifteen (15$) percent or more of such total premises area shall be taken pursuant to eminent domain then this Lease and the obligations thereunder shall terminate as of the date possession is delivered to said authority. WAIVER. Time is expressly made of the essence of this Lease. No delay or omission upon the part of the Lessor to exercise any right or power granted to Lessor in this Lease shall impair any such right or power or be construed as a waiver thereof, and every such right and power may nevertheless be exercised by the Lessor. It is further agreed that a waiver by the Lessor of performance by the Lessee of any covenant of this Lease shall not be construed to be a waiver of future strict performance by the Lessee of those covenants and agreements. ATTORNEY'S FEES AND COSTS. In the event that either party to shall be deemed to be other than on account of the earliest rent then due. QUIET ENJOYMENT. Lessee, upon paying the rents and performing all of the terms on its part to be performed, shall peaceably and quietly enioy the demised premises subject, nevertheless, to the terms of this Lease and to any mortgage, ground lease or agreements to which this Lease is subordinated. HOLDING OVER. Any holding over after the expiration of this term or any renewal term shall be construed to be a tenancy-at-will at the rents herein specified (pro rated on a daily basis) and shall otherwise be on the terms herein specified so far as applicable. ATTORNMENT. Lessee shall, in the event any proceedings are brought for the foreclosure of or fn the event of exercise of power of sale under any mortgage made by Lessor covering the leased premises, attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Lessor under this Lease. SUBORDINATION. Lessee agrees that this Lease shall, at the request of the Lessor, be subordinate to any mortgage or deed of trust that may hereafter be placed upon said premises and to any and all advances to be made thereunder, and to the interest thereon, and all renewals, replacements and extensions thereof, provided the mortgagee or trustee named in said mortgages or trust deeds shall agree to recognize this Lease in the event of sale, transfer, assignment or foreclosure, if Lessee is not in default. SEVERABILITY. The invalidity of any one or more of the phrases, sentences, clauses, paragraphs, or sections hereof shall not effect the remaining portions of this instrument or any part thereof, all of which are inserted conditionally on their being valid in law and in the event that one or more of the phrases, In the case of the Lessor: Loren D. Ross and Gayla Ross 1383 Linderwood Dr. Meridian, Idaho 83642-6923 In the case of the Lessee: George O. Jacox 52 E. State Ave. Meridian, Idaho 83642-2343 If such notice is mailed as provided herein, it shall be deemed given upon the mailing thereof. CAPTIONS. The captions, numbers and index appearing herein are inserted only as a matter of convenience and are not intended to define, limit, construe or describe the scope or intent of any paragraph, nor in any way affect this lease. SURRENDER OF PREMISES. The Lessee shall on the last day of the term, or upon the sooner termination of the term, peaceably and quietly surrender the leased property to the Lessor, broom-clean, including all buildings. alterations, rebuildings, changes, or additions placed by the Lessee thereon, and all articles of personal property of Lessor in as good condition and repair as at the commencement of the term, and as any new buildings, structures, replacements, additions, or improvements constructed, erected, added, or placed thereon by the Lessee are when completed, natural wear and tear excepted. SUCCESSORS AND ASSIGNS. Except as otherwise expressly provided, all provisions herein shall be binding upon and shall inure to the benefit of the parties, their legal representatives, successors and assigns. Each provision to be performed shall be construed to be both a covenant and a condition. If there shall be more than on Lessee, they shall be bound jointly and severally, by these provisions. LESSEE: LESSOR: RENT SCHEDULE 52 E. State Ave. Meridian, ID 83642-2343 Base Rent: $1,200.00 (One thousand, two hundred dollars) per month Year One: $1,000.00 (One thousand dollars) per month Year Two: $1,200.00 (One thousand, two hundred dollars) per month Year Three: $1,200.00 (One thousand, two hundred dollars) plus the previous year Consumer Price Index with a 5$ cap. DATE: ~ Z I ~ DATE: fa~ / /~ /~ -T LESSEE• George O. Jacox dba Kestrel Books and Information Services Loren D. and Gayla Ross BY• GEOR ACOX LOREN D. 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