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Spring Creek Ustick Assisted Living Facility`t`r CERTIFICATE OF ZONING COMPLIANCE DATE: TO: FROM: SUBJECT: OWNER: September 8, 2010 Doug Clegg Bill Parsons, Associate City Planner Spring Creek Ustick Assisted Living Facility — CZC-10-052 David Price DESCRIPTION OF APPLICANT'S REQUEST The applicant, Doug Clegg requests Certificate of Zoning Compliance (CZC) approval to construct a 28,100 square foot Assisted Living Facility located at 3165 N. Meridian Road. The subject site is currently zoned L -O (Limited Office District). The use was approved with CUP -10-004. DECISION The applicant's request for CZC is approved with the conditions listed in this report. One set of stamped plans shall be included with the building permit submittal package. 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 Robert Powell, dated 07/20/10, labeled SP 1.0, is approved (stamped "approved" on 09/08/10 by the City of Meridian Planning Department) with the following comment: a. Coo *nft wi*&lr4W and impro is w +d* ti*W `'. 4a0ft to mem Road ad USb& Rand 2. The elevations prepared by Robert Powell, dated 07/20/10, labeled A4.0 and A4.1, are approved (stamped "approved" on 09/08/10 by the City of Meridian Planning Department) with no changes. 3. The landscape plan prepared by Harvest Design, dated 08/19/10, labeled LS -1 and LS -1.2, are approved (stamped "approved" on 09/08/10 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 submit a signed letter of relinquishment from the church for the private sewer easement that bisects this property which provides sewer service to the church. A signed and recorded copy of the sewer maintenance agreement shall be submitted to the Planning Department prior to issuance of certificate of occupancy. Said agreement shall be reviewed and approved by the City of Meridian's Public Works Department to ensure the extension of the private sanitary sewer system and the maintenance of that system are adequately addressed and not the responsibility of the City of Meridian. 6. The existing 12 -foot wide public utility and irrigation easement shown on the site plan that bisects the property shall be vacated prior to issuance of certificate of occupancy. Conditions Document Spring Creek Ustick Assisted Living Facility CZC 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 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 3. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 4. 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. 5. 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 1. 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 11-313-5, UDC 11-313-13 and UDC 11-313-14. 2. The project is subject to all current City of Meridian ordinances and any applicable conditions of approval associated with this site (CUP -10-004; DES -10-029, ALT -10-004 & DA #110078719). 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. 5. The applicant shall comply with the outdoor lighting provisions asset 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 a nursing/residential care facility as set forth in UDC 11-4-3-29. ANALYSIS OF UDC REQUIREMENTS RELATED TO SITE SPECIFIC CONDITIONS: • Per the requirements of the conditional use permit approval: 1) the applicant was to submit a signed letter of relinquishment from the church for the private sewer easement that bisects this property which provides sewer service to the church. In addition, the applicant was required to demonstrate to Public Works how the church will continue to be provided with sewer service during relocation of the service line. A draft copy of the sewer maintenance agreement was submitted with the subject CZC application. The Planning Department has routed the draft document to Public Works for verification that said agreement will satisfy the aforementioned requirements. Certificate of Occupancy will not be issued until the sewer maintenance agreement is Conditions Document 2 Spring Creek Ustick Assisted Living Facility CZC signed and recorded and said agreement meets the approval of the Public Works Department; and 2) the existing 12 -foot wide public utility and irrigation easement shown on the site plan that bisects the property was to be vacated prior to issuance of a CZC. Since the vacation application is currently in process (scheduled for the September 28"' Council hearing), the Deputy Planning Director has agreed to issuance of the CZC. Certificate of Occupancy will not be released until the vacation process is complete. EXHIBITS A. Vicinity Map B. Site Plan (dated: 07/20/10) C. Landscape Plan (dated: 08/19/10) D. Building Elevations (dated: 07/20/10) Conditions Document 2 Spring Creek Ustick Assisted Living Facility CZC A. Vicinity Map CT W-USTI N R-4 __W USTICK _RD _ RUT L -O E=USTICK- EASTBROEM CT R-8 R-4 RUT Conditions Document 2 Spring Creek Ustick Assisted Living Facility CZC B. Site Plan Al $ITE PLAN AREA CALCULA I IONS KEY NOTES AUG. 13.2010 Rev,sions Arch. Index a©© P1.0 SITE PLAN Conditions Document 3 Spring Creek Ustick Assisted Living Facility CZC I � ==ALL- iml-®rR-of, D. Elevations _. May 20. MIO i Y N : 501-H FLfVI T1'—)N � ►6y ^.0,1010 �� l Ate, I, I ji�l4AR . k EVAION y� NI NI(��i Ci IHI �k'.1 .1 h�A1L�, r ,r ... INT --R ^IiRT{ARD CLCIAT:rJ 10 u -IFvAlll)N A4.1 Conditions Document 5 Spring Creek Ustick Assisted Living Facility CZC E IDIAN,-- Planning Department CERTIFICATE OF ZONING COMPLIANCE Application Checklist Project name: �d ,Z��J C�2�^-�. C `C_ File #: ZC�IU-Gs Applicant/agent: Ctv All applications are required to contain one copy of the following unless otherwise noted: Applicant Staff (� Description Completed & signed Administrative Review Application Narrative fully describing the proposed use of the property, including the following: ➢ Information on any previous approvals or requirements for the requested use (i.e., applicable conditions of approval or Development Agreement) Recorded warranty deed for the subject property ® Affidavit of Legal Interest signed & notarized by the property owner (If owner is a corporation, 1L,r submit a copy of the Articles of Incorporation or other evidence to show that the person signing is an authorized a no Scaled vicinity map showing the location of the subject property Fire Marshall approval for access and turn around (stamped, full size site plan) Sanitary Service Company approval for trash enclosure & access drive (stamped, full size site /� Ian) 40 Civil Site/Dimension Plan – 1 full size co (folded to 8 %2' x 11" size A photometric test report for any light fixture(s) with a maximum output of 1,800 lumens or more (see UDC l 1-3A-11) Copy of the recorded plat the property lies within (8 %" x 11" Address verification letter from Public Works.S) i – Site Plan -4 copies (folded to 8 %" x 11" size) / The following items must be shown on the site Ian: !/ • Date, scale, north arrow, and project name (scale not less than 1"=50') • Names, addresses, and telephone numbers of the developer and the person and/or firth preparing the plan • Parking stalls and drive aisles • Trash enclosure(s) location • Detail of trash enclosure (must be screened on 3 sides) • Location and specifications for underground irrigation (Pressurized irrigation can only be waived if you prove no water rights exist to subject property) • Sidewalks or pathways (proposed and existing) • Location of proposed building on lot (include dimensions to property lines) • Fencing (proposed and existing) • Calculations table including the following: Number of parking stalls required & provided (specify handicap & compact stalls) ➢ Building size (sq. ft.) i Lot size (sq. ft.) ➢ Setbacks ➢ Zoning district • Reduction of the site plan (8 %" x 11 ") Landscape plan – 3 copies (folded to 8 %" x 11" size) Plan must have a scale no smaller than 1 " = 50' (1 " = 20' is preferred) and be on a standard drawing sheet, not to exceed 36"x 48" (24"x 36" is preferred). A plan which cannot be drawn in its entirety on a single sheet must be drawn with appropriate match lines on two or more sheets. The folio ing items must be included on the landscapeplan: • Date, scale, north arrow, and project name 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org ACHD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this application. All impact fees, if any, shall be paid prior to the issuance of a building permit. If arty changes must be made to the site plan to accommodate the ACHD requirements, a nets site plan shall be submitted to the City of Alleridian Planning & Zoning Department for approval prior to the issuance of a building permit. Your building permit will not be issued until ACHD has approved your plans and all associated fees have been paid 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.nieridiancity.org (Rev. 2/t 112010) • Names, addresses, and telephone numbers of the developer and the person and/or firm preparing the plan • Stamp/signature of a landscape architect, landscape designer, or qualified nurseryman re arin the tan • Existing natural features such as canals, creeks, drains, ponds, wetlands, flood tains, high groundwater areas, and rock outcroppings • Location, size, and species of all existing trees on site with trunks 4 inches or greater in diameter, measured 6 inches above the ground. Indicate whether the tree will be retained or removed • A statement of how existing healthy trees proposed to be retained will be protected from damage during construction • Existing structures, planting areas, light poles, power poles, walls, fences, berms, parking and loading areas, vehicular drives, trash areas, sidewalks, pathways, stormwater detention areas, signs, street furniture, and other man-made elements • Existing and proposed contours for all areas steeper than 20% slope. Berms shall be shown with one -foot contours • Sight Triangles as defined in I I -3A-5 of this ordinance • Location and labels for all proposed plants, including trees, shrubs, and groundcovers (trees must not be planted in City water or sewer easements). Scale shown for plant materials shall reflect approximate mature size • A plant list that shows the plant symbol, quantity, botanical name, common name, minimum planting size and container, tree class (I, II, or III), and comments (for spacing, stakin , and installation as appropriate) • Planting and installation details as necessary to ensure conformance with all required standards • Design drawing(s) of all fencing proposed for screening purposes • Calculations of project components to demonstrate compliance with the requirements of this ordinance, including: ➢ Number of street trees and lineal feet of street frontage ➢ Width of street buffers (exclusive of right-of-way) ➢ Width of parking lot perimeter landscape strip Buffer width between different land uses (if applicable) ➢ Number of parking stalls and percent of parking area with internal landscaping ➢ Total number of trees and tree species mix Mitigation for removal of existing trees, including number of caliper inches being removed Reduction of the landscape plan 8 %" x I I" i/ Building elevations showing construction materials — 3 copies (folded to 8 %:" x 1 I" size Reduction of the elevations (8 %" x I 1 ") Electronic version of the site plan, landscape plan, & building elevations in pdf format submitted on a disk with the files named with project name & plan type (i.e. site plan, landsca a plan, elevations, etc.). We encourage you to submit at least one color version. If applying for approval of a public school, provide additional information as required by ,, J the Public School Facility supplemental checklist per §67-6519 I/(1 Fee (If this project had prior approval on a site plan, reduced fees may apply) ACHD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this application. All impact fees, if any, shall be paid prior to the issuance of a building permit. If arty changes must be made to the site plan to accommodate the ACHD requirements, a nets site plan shall be submitted to the City of Alleridian Planning & Zoning Department for approval prior to the issuance of a building permit. Your building permit will not be issued until ACHD has approved your plans and all associated fees have been paid 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.nieridiancity.org (Rev. 2/t 112010) E II�IAl� - y4`a� Planning Department ADMINISTRATIVE REVIEW APPLICATION Type of Review Requested (check all that apply) ❑ Accessory Use ❑ Alternative Compliance ❑Q Certificate of Zoning Compliance ❑ Certificate of Zoning Compliance Verification ❑ Conditional Use Permit Minor Modification ❑ Design Review ❑ Private Street ❑ Prope% Boundary Adjustment El Time Extension (Director) ❑ Vacation ❑ Other STAFF USE ONLY: File number(s): CTC -10 - OS 2 Project name: ! i s4 i cc -�k. Date filed: r� g� 1p0 Date complete: Assigned Planner: P +. Potrs�s Related files: Mok l o w Oo c �- 4 P 1 D_ b ' SES-to-o29i /ALT-sb—aa Applicant Information Applicant name: Douglas B. Clegg Phone: 208-693-3491 Applicant address: 253 E. Calderwood, Suite E, Meridian Idaho Zip: 83642 Applicant's interest in property: ❑ Own [:]Rent ❑Optioned [Z] Other Managing Member Owner name: David and Charlie Price Phone: 208-870-6331 Owner address: 2291 N. Greenview Ct. Eagle Idaho Zip: 83616 Agent name (e.g., architect, engineer, developer, representative): Developer Finn name: Spring Creek Ustick, LLC Phone: 208-639-3492 Address: 253 E. Calderwood, Suite E., Meridian Idaho Zip: 83642 Primary contact is: 0 Applicant ❑ Owner ❑ Agent ❑ Other Contact name: Douglas B. Clegg Phone: 208-938-5145 E-mail: dbc(a�scmanor.com Fax: 208-693-3500 Subject Property Information Location/street address: 3165 N. Meridian Road, Meridian Idaho Assessor's parcel number(s): 88189830042 Township, range, section: Township 3, Range 1, Section 1 Total acreage: 2.298 Current land use: Residential Current zoning district: LO 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 11/4/08) Project Description Project/subdivision name: Strasser Farms annexed and rezoned under Ashton Park September 26, 2006 General description of proposed project/request: We are requesting to construct one, 28,100 square foot single story assisted living facility in place of a previously approved professional office park Proposed zoning district(s): Same as currently (LO) Acres of each zone proposed: 1 LO Zoned parcel which is 2.298 acres Type of use proposed (check all that apply): ❑ Residential ❑ Commercial ❑ Office ❑ Industrial 0 Other Assisted Living Amenities provided with this development (if applicable): Fountains, gazebos, dense landscaping and stamped conc. Who will own & maintain the pressurized irrigation system in this development? Spring Creek Ustick, LLC Which irrigation district does this property lie within? Nampa Meridian Irrigation District Primary irrigation source: Well/pressure irrigation Secondary: City Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): approx. 48.000 sf Residential Project Summary (if applicable) Number of residential units: Number of common and/or other lots: Number of building lots: Proposed number of dwelling units (for multi -family developments only): I Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): Percentage of open space provided: Percentage of useable open space: 2 or more Bedrooms: Proposed building height: _ Average property size (s.f.): Net density (DU/acre-excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑Duplexes ❑Multi -family Non-residential Project Summary (if applicable) Number of building lots: 1 Other lots: NA Gross floor area proposed: 28,100 Existing (if applicable): NA Hours of operation (days and hours): 24-7 Percentage of site/project devoted to the following: Landscaping: 48% Building: 280 Building height: 35 feet Paving: 24% Total number of employees: 20 Maximum number of employees at any one time: 8 Number and ages of students/children (if applicable): 0 Total number of parking spaces provided: 29 Seating capacity: 60 Number of compact spaces provided: 0 Authorization Print applicant name: �cs.] �.�5� NX- ��—`►<.a Applicant signature: OVE. Broadway Avenue, Sugg Phone: (20 884-5533 • Facsimile: (208) 0 2 Date: 5-4-2010 Meridian, Idaho 83642 4 • Website: www.meridiancity.org eSiDrtng Crock INDEPENDENT - ASSISTED LIVING - MEMORY CARE www.scmanor.com 888-406-2667 June 16, 2010 City of Meridian 33 E. Broadway Avenue, Suite 210 Meridian, Idaho 83642 Regarding: certificate of zoning compliance To whom it may concern: David Price, the original developer and applicant of the Ashtyn Park office development has asked me Douglas Clegg, as the managing member of Spring Creek Idaho; to request a certificate of zoning compliance for a 46 unit approximately 28,000 square foot assisted living facility. Ashtyn Park was originally designed as a professional office development and was annexed and zoned LO into the City of Meridian. David has been an investor with Spring Creek Idaho for five years and consequently has seen the value of what an assisted living project can bring to a community. After several months of market studies, mapping studies, and site use plans we have concluded that this location is an ideal setting for one of our facilities. City Council approved the accompanying development agreement requests at the June 1st city council meeting. We intend to construct a 24 hour wake care assisted living facility under the guidelines of the Department of Health and Welfare and the Bureau of Facility Standards. Accordingly this building will have six foot corridors, an NFPA 13 sprinkler system, emergency detection systems, controlled access, nurse call systems, a commercial kitchen, and all other amenities needed to preserve the quality of life for the seniors in the City of Meridian. Spring Creek is wholly committed to the preservation of the purpose, dignity and role that seniors have held in the development of what we in America call leaving a legacy. Accordingly, this facility has been designed with the intent to provide a full lifestyle, by meeting the social, physical, educational, contributable and spiritual needs of those who will be residing with us. We have been serving seniors and their families now for over 15 years on the State of Idaho and are honored to have the opportunity to serve the seniors in this region of the City of Meridian. We thank you for the opportunity to develop this project, and believe that it is in alignment with the goals and mission that have been so clearly outlined by the current administration. Sincerely, Doug . Clegg CEO 9v oSp�,n8 Creek INDEPENDENT ASSISTED LIVING - MEMORY CARE www:scmanor.com 888-406-2667 April 20, 2010 City of Meridian O pa'k 33 E. Broadway Avenue, Suite 210 Meridian, Idaho 83642 Regarding: Modification of Development Agreement dated September 26, 2006, recorded February 15, 2007 under instrument number 107022433 To whom it may concern: David Price, the original developer and applicant of the Ashtyn Park office development has asked me Douglas Clegg, as the managing member of Spring Creek Idaho; to request a modification to the above mentioned development agreement dated September 26, 2006 and recorded February 15, 2007 under the instrument number 107022433 by J. David Navarro as the ADA COUNTY RECORDER. Ashtyn Park was originally designed as a professional office development and was annexed and zoned LO into the City of Meridian. David has been an investor with Spring Creek Idaho for five years and consequently has seen the value of what an assisted living project can bring to a community. After several months of market studies, mapping studies, and site use plans we have concluded that this location is an ideal setting for one of our facilities. Of necessity we are seeking some changes to the original development agreement that seem to align with the needs of a project of this nature. Specifically we are requesting the following changes under section 5.1 of said development agreement: • (1) That development of this property shall generally conform to the Concept Plan prepared by The Land Group, Inc., dated 6-13-06, labeled Sheet L1.0., as determined by the Planning Director or otherwise approved through a Conditional Use Permit. • To read -That development of this property shall generally conform to the Concept Plan prepared by Aspen Engineers dated May 4, 2010 labeled Spring Creek Ustick as determined by Planning Director or otherwise approved through a Conditional Use Permit. • Reason for change — Concept plan will need to reflect one proposed assisted living facility instead of six offices. • (2) That the hours of operation shall be limited to 6 am. To 10 pm. • To read — That the hours of operation shall be regulated by the Department of Health and Welfare. It is understood that staffing for said facility is necessary for the life and safety of residents 24 hours a day 7 days a week. • Reason for Change — A residential health care license in the State of Idaho necessitates 24 hour wake care. Generally speaking required staff for a facility of this size is 8 during wake hours and 2 during night needs, which are usually between 10 pm and 6 am. • (8) That up to six office -type buildings may be constructed on this site. That said buildings shall have a maximum size of 5,000 square feet each, and be limited to a single -story. Each building shall provide; variations in roof lines with at least a portion of the roof having a minimum 6/12 pitch, awnings over some of the windows and the building entrance, columns, at least 25% of the front and street -facing fagade to contain windows, and at least two different types of siding and accent materials. That all new structures will be generally compatible in appearance and bulk with the provisions. listed above and the pictures submitted esP s�i ��, cr e k www.scmanor.com 888-406-2667 Page 2 of 2 with the annexation application, as determined by the Planning Director or otherwise approved through a Conditional Use Permit. • To Read — That one assisted living building may be constructed on this site. That said building shall have a maximum of 30,000 square feet and limited to a single -story. Roof pitch shall be 6/12 pitch with awnings over exterior entrances and variations over windows. Columns will be constructed with rock/stucco accents as noted on submitted concept elevation plans. Windows with colored trim and accented fascia to be included. Said structure shall conform to pictures to be submitted in design review applications, and as determined by the Planning Director or otherwise approved through a Conditional Use Permit. • Reason for Change — One assisted living facility, which has been previously constructed on Overland and Five Mile in the City of Boise does not reflect the original pictures and design recommendations by previous applicant/developer. • (9) That a 25 -foot wide landscape buffer will be constructed adjacent to Meridian Road, and Ustick Road, located entirely outside of the right-of-way; that said landscape buffers shall be installed prior to occupancy of the first office building on the site. • To Read — That a 20 -foot wide landscape street buffer will be constructed adjacent to Meridian Road and Ustick Road, located 20' behind proposed back of curb for future ACHD improvements. Said landscape buffers shall be installed concurrently with the construction of said facility and prior to issuance of certificate of occupancy. • Reason for Change — Applicant is seeking to relocate five feet of previously required buffer adjacent to building, surrounding resident patios to provide more green -space accessible to seniors. In addition to this, applicant exceeds landscape ratios and density in tree caliper and shrubs far above City of Meridian landscape requirements. Application for alternative compliance will be submitted concurrently with this application if required for approval. • (10) That a 20 -foot wide land use buffer, constructed in accordance with the UDC, will be installed along the south and west property lines; that said use buffers shall be installed prior to occupancy of the first office building on this site. • To Read — That a 20 -foot wide land use buffer, constructed in accordance with the UDC, will be installed along the south and west property lines; that said land use buffers shall be installed concurrently with the construction of said facility and prior to issuance of certificate of occupancy. • Reason for Change — Applicant needs full access to all areas of site to construct one building. Having landscape buffers completed prior to completion of proposed building would inhibited contractor to complete vertical improvements without damage and consequently additional cost to recover damaged landscape buffer. • (15) That the applicant shall be required to install a pressurized irrigation system for this development. The system shall utilize surface water for its primary source. • To Read — Strike from development agreement • Reason for Change — Current lateral, tap and use location of said property prohibits a rotational use of water rights that is compatible for a pressure irrigation system (every 11 days for limited time at end of lateral). Developer has more information willing to share at hearing. We want to thank you for the opportunity to request the above changes and hope that soiree of our recommendations will produce an improved use of said development and consequently fulfill the City of Meridian's Goal that improves family life and community. Sincerely, Douglas B. Clegg CEO - jV)71 U p R��i2ale ¢t A Pioneer Company PIONEER TITLE COMPANY OF ADA COUNTY 703 S. Americana, Suite 190 / Boise, Idaho 83702 (208) 373-3744 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 0.00 BOISE IDAHO 11/10/00 01:19 PM DEPUTY RonnieObetbillip (III'II'II,II'I�I'I�II'llllll�'I'I�I� RECORDED—REQUEST OF Pioneer 185171041 CORPORATE WARRANTY DEED FOR VALUE RECEIVED, Presbytery of Boise, an Idaho corporation a corporation duty organized and existing under the laws of the State of Idaho, grantor, does hereby Grant, Bargain, Sell and Convey unto David N. Price and Valynn C Price, husband and wife; and Charles N. Price and Judy F. Price, husband and wife whose address is: 2291 N. Greenview Cowl, Eagle, ID 83616, grantee, the following described real estate, to -wit: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO current years taxes, irrigation district assessment, public utility easements, subdivision, restrictions, U.S. patent reservations, easements of record and easements visible upon the said premises. TO HAVE AND TO HOLD The said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that it is the owner in a fee simple of said premises; that they are free from all encumbrances and that it will warrant and defend the same from all lawful claims whatsoever. IN WITNESS WHEREOF, The Grantor, pursuant to a resolution of its Board of Directors has caused its corporate name to be hereunto subscribed by its ofi iccrs this 21st day of October, 2005. I Presbytery of Boise, an Idaho corporation O elj STATE OF , County of . ss. On th& da of eK6e r in the year of 2005, before me the undersigned, a ngqtary public, personally appeared known or identified to me to be the t S; tst�: of the corporation that executed the instrument or the person/persons whoexec instrument on behalf of said corporation, and acknowledged to me that such corporation executed t e same. aaaawaiw.,� Ja t Blosch l $1.Oy'�,, t Public of Idaho �'•, iding at Boise, Idaho Z AR Y Commission expires: March 17, 2011 Aveti� �o %P TE Of z ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 21.00 7 BOISE IDAHO 11110/05 04:19 PM RECORDED-REQUEST OF III IIII'I�III'I'�'I'III�II'IIU�II�I� Pioneer 105171042 `LG�'tlele 0 ��1k Space Above This Line For Recording Data DEED OF TRUST DATE AND PARTIES. The date of this Deed Of Trust (Security Instrument) is November 4, 2005. The parties and their addresses are: GRANTOR: DAVID N. PRICE Spouse of VALYNN C. PRICE HUSBAND 2291 N. GREENVIEW CT EAGLE, Idaho 83616 VALYNN C. PRICE Spouse of DAVID N. PRICE WIFE 2291 N. GREENVIEW CT EAGLE, Idaho 83616 CHARLES N. PRICE Spouse of JUDY F. PRICE HUSBAND 2258 N. BIG SUMMIT WAY EAGLE, Idaho 83616 JUDY F. PRICE Spouse of CHARLES N. PRICE WIFE 2268 N. BIG SUMMIT WAY EAGLE, Idaho 83616 TRUSTEE: PIONEER TITLE COMPANY OF ADA COUNTY a Corporation 8151 W. Rilfeman Boise, Idaho 83704 LENDER: SYRINGA BANK Organized and existing under the laws of Idaho P.O, Box 7557 Boise, Idaho 83707 1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debts and Grantor's performance under this Security Instrument, Grantor Irrevocably grants, bargains, sells and conveys to Trustee, In trust for the benefit of the Lender, with power of sale, the following described property: SEE ATTACHED EXHIBIT 'A' The property is located in ADA County at 201 W. USTICK RD., MERIDIAN, Idaho B3642. Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion payments or third party payments made to crop producers and all existing and future improvemen , structures, fixtures, and replacements that may now, or at any time in the future, be part of the teat t to DAVID N. PRICE ni Idaho Dead Or Trust IDI4XXjluqua00926100004975012102105Y 01998 Bankers Systems, Inc., St. Cloud. MN E.A ' N t� e3 N ,O t d1 O QJ Gl C 0 C C O 'tp O o C y L U ....... IA L Y C a O C Q�za=�i`vxc%='bow- ►. VI ro d u o u u o u N C N U y u y O .c E y o T N f0 d C N EO 10 p y c" L'o,EL u v E to u 3� u u._ d v N 7 �t C7 �U N . anti R 7 co C i3 00 0 r Kl1 F V W C. U - f i EXHIBIT A A portion of Lots 3 and 4 of Blook 1 of Strasser Fauns Subdivision No. 2, as shown on the official plat thereof on filed in the office of the Ada County, Idaho recorder, being situated in U.S. Lot 1 of Section l Township 3 North, Range I West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the Northeast corner of said Section 1; Thence South 00°17'24" West, 426.49 feet along the Easterly boundary of said Section I to the Southerly boundary extended of said Lot 3; Thence North 89°19' 19" West, 45.00 feet along the Southerly boundary extended of said Lot 3 to the Southeast corner of said Lot 3, which is the REAL POINT OF BEGINNING; Thence continuing North 89019'19" West, 255.84 feet along the Southerly boundary of said Lot 3 to the extension of the Westerly boundary of said Lot 4; Thence North 00°17124" East, 200.21 feet along the extension of the Westerly boundary of said Lot 4 to the Southwest corner of said Lot 4; Thence continuing North 00°17'24" East, 193.24 feet along the Westerly boundary of said Lot 4 to the Northwest corner of said Lot 4; Thence South 891119'43" East, 226.13 feet along the Northerly boundary of said Lot 4; Thence South 00°43'38" West, 12,00 feet along the boundary of said Lot 4; Thence 46.92 feet along theboundary of said Lot 4, along a non -tangent curve deflecting to the right, with a radius of 30.00 feet, a central angle of 89037'07", a long chord of 42.28 feet and a chord bearing of South 44°31109" East; Thence South 00117'24" West, 351.68 feet along the Easterly boundaries of said Lots 4 and 3 to the REAL POINT OF BEGINNING. PW100 FORM Date: 8/11/10 Meridian Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 Ph: (208) 887-2211 Fax: (208) 887-1297' www.meridiancity.org, The following property has been researched by The City of Meridian Public Works Department. Project Name: Spring Creek Assisted Living - Ustick Address: 3165 N. Meridian Rd. Zip Code: 83646 Lot/Block/Subdivision: Lot 4 & Portion of Lot 3 / Block 1 Strasser Farms #2 Note: Existing residence to be demolished 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 Uw 5 V11, I'y 4(,;, r. --i Al m nNN m F -A all y - 7AO 1� i,j --X N2 , Spring Creek Ustick w THIS MAP NOT INTENDED FOR NAVIGATIONAL USE htt„•l/FF 1Q') 1 Rd 1 d?/imf/imfPrintMan icn?title=Cnrinu Creek T TStick Page 1 of 1 5/4/2010 ,9 7 01 '� it b.AK t V yji• • i 1' a �5N C I m - rtkis,i+r Fh t < [� Fyr J- S CD LOW CD '�� fl'":k -tea �'s"..� y�.r i M�- r .• rk'4 �. 'Ms- 4. _� t . , uN1WEST3RD ST "e'° t ZZT7 0 CD p o e �� a,�a MaBr x i� tmt u $ n4 TR'1FL+l�' ; >!'y� 11, cn=m ? 09 N4MSPRING WATiER ST r s a vCD .' Z I U v G t _ � o to ci q � NIP MERIDIAN 03. cn 4 Z• ,, D ''w r -G 77an d �o.c v �, C, y m a D p m D y n ry A x n or, '>C n p O O - mq mr vi 0M� 1 f71 ft Z Z m cn I y Z n D Ill > N N r cn O a= c c m r �mD�� I tv 3m La O r CD . _m"J~_ N = A O r Q ' fTl Wil. 4 v V p 06-01-10;02;16PM; City of Meridian Fire Flow Request Please fill out the request, attach a site plan, and fax or email to: Clint Worthington, Staff Engineer Meridian Public Works Department Fax: 898-9551, cworthinaton.0m- eridiancitv.ora Requester Company ]:J° `'z- � xN �, �� ►,ter oti Phone 5 z; 5 • 12o 2S Fax - 1 Za 0 Project Name 5pr-i-x6 c_taele-rr-- Project Location _3 to t4 . Mtn R-.ial AtQ �. M Y 2 b� 1, This portion to be filled out by Meridian Public Works department and returned to requester. FFR # S'Sq Fire flow at: JO Water Main O Hydrant Static Pressure: S7 psi Flow 2 o o gpm @ 70 psi Provided by -5Date a U/0 ?Siibrriit' :CO) om -o 5 z W-W -W -W -w ML�BO� OO OD OMS ESEEm E 6` s gO gg$OO m g`7 a w€F�g SENIOR LIVING LL'A F R 0 go 1.0 I z ljfjj'!'p p mo 9 4 i 6 gaq y req? I c g STRASSER FARMS SUB. NO. 02 0 Cl) m€� 6` s m SPRING CREEK USTICK N SENIOR LIVING LL'A F 0 3165 N. MERIDIAN RD. 1.0 I z ljfjj'!'p X CL N MERIDIAN, ID 83646 o I c STRASSER FARMS SUB. NO. 02 0 USE: w C —— —177 I t � I• f� f f a a � L I ' �.. !` �I a — — — -- ---- ----- .i IT If lP A t }rsla-n. !*" '•'FPFr-• * t r�r►� rrRti CtZr �- N opt ME � = i � •i� �, a l�i�l�1 � � � R �al tv� t �� > � i��a I � t lSi ;j; a t Ila"i9+v iiaR A l? s 6R + 1! is ;R I ill, q 1 Of 6tlatltla a a ! tl ! ==pia+ ev 4 Iii w 1 �� v a•ia >6 III • N mi' 3 it 4 i Cfi a pp1$li it lea tl ��€ iaaa —4 all i� 1 � a m m i% {§ ea § ) / M � j z w §j § 0 c } X � � 6 z �S«A6..fill �_ Itn aaHWa.=. N§| i 1111plumill| || > \ 7 ., i C - § SENR LIVING T§} 3165 N.MERIDIAN m /• lh§§q ||' '■«�'E� » * |§|| �) MERIDIAN; oe_ ,|| - § § � %)�§��|�� =__ FARMS SUB. NO. 02 ■� p �_ Itn aaHWa.=. N§| i 1111plumill| || > \ 7 SPRING C REEK USTICK i C - § SENR LIVING T§} 3165 N.MERIDIAN m /• lh§§q ||' '■«�'E� » * § ' MERIDIAN; oe_ ,|| - § | | =__ FARMS SUB. NO. 02 o" CROSSING EASEMENT AGREEMENT This Agreement, made and entered into this 31' day of August, 2005, by and between PRESBYTERY OF BOISE, a religious corporation, ("Presbytery") and DAVID PRICE ("Price'l WHEREAS, Presbytery owns property located at Ustick and Meridian Roads, near Meridian, Ada County, Idaho; and, WHEREAS, Price is purchasing approximately 2.298 acres which has been designated at Lot 4B, Block 1, Strasser Fars Subdivision No. 2, Ada County, Idaho; and, WHEREAS, the parties desire to create and perpetuate a right of way for ingress and egress from Meridian Road and Ustick Road to and for the benefit of the properties of each party, across the property of the other, for mutual ingress and egress; NOW THEREFORE, each party hereby grants to the other a perpetual easement and right of way across the lands of the other for ingress and egress from Meridian Road and Ustick Road to the properties of each party, across the lands of the other as may be reasonably necessary for ingress and egress of customers, patrons, parishoners, and other users and business invitees of the properties owned by the parties. This easement is not a specific designated parcel, but a general easement that may be relocated as needed for the development of the properties of the parties, so long as ingress and egress for both parcels is allowed. A copy of a map of the subject properties, for reference only, is attached hereto, as are the legal descriptions of the properties owned by the parties affected hereby. The terms of this agreement shall bind the parties hereto, their successors and assigns. This easement shall be deemed appurtenant to the lands of the other for the purposes herein stated. IN WITNESS WHEREOF, the parties have caused their names to be subscribed all as of the day and year herein first above written. PKES4WERY OF BOISE D. B Clark, Preside CROSSING EASEMENT AGREEMENT - Page 1 Spring Creek Ustick Letter Head August 26, 2010 Presbytery of Boise 201 W. Ustick Road Meridian, ID 83642 Re: Side Letter Agreement Dear Presbytery of Boise: Upon your signature where indicated below, this letter will form an agreement between Presbytery of Boise, an Idaho corporation, and Spring Creek Ustick, LLC, an Idaho limited liability company. Spring Creek Ustick and Presbytery of Boise are neighbors and share a common sewer system. Simultaneous with this letter agreement Spring Creek Ustick and Presbytery of Boise are entering into a Sewer Maintenance Agreement for the joint operation and maintenance of the sewer system. In addition to the Sewer Maintenance Agreement, Spring Creek Ustick and Presbytery of Boise desire to agree to additional matters outside the scope of the Sewer Maintenance Agreement. During the construction of the assisted living facilities on Spring Creek Ustick's property, Presbytery of Boise agrees to allow Spring Creek Ustick to park in the gravel parking area on Presbytery of Boise's property. Any weekend or multiple day parking shall occur in the vacant field south of the gravel parking lot on Presbytery of Boise's property. In exchange, Spring Creek Ustick agrees to bring in additional gravel onto the gravel parking area on Presbytery of Boise's property and raise the grade in the northwest corner to help address the ponding problem in that area. In the event Spring Creek Ustick is unable to access its property during the construction process via its existing or future curb cuts, Presbytery of Boise agrees to allow Spring Creek Ustick to utilize its curb cut. In the event excessive dirt or gravel is tracked across Presbytery of Boise's property as a result of this access, Spring Creek Ustick agrees to have the drive aisles swept. Very truly yours, Spring Creek Ustick, LLC By, Spring Creek Enterprise, LLC, its manage Douglas B. Clegg, Manager 43537.0008.2036869.1 Consented to and Agreed: Presbytery of Boise Bruce Thomas, President 43537.0008.2036869.1 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: Hawley Troxell Ennis & Hawley LLP Attn: Timothy W. Tyree 877 Main Street, Suite 1000 P.O. Box 1617 Boise, ID 83701-1617 (SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY) SEWER MAINTENANCE AGREEMENT THIS SEWER MAINTENANCE AGREEMENT ("Agreement') is entered into on 2010, between Presbytery of Boise, an Idaho corporation ("First Party"), and Spring Creek Ustick, LLC, an Idaho limited liability company ("Spring Creek") 1. Preliminary. 1.1 Recitals. (a) Spring Creek is the Owner of Parcel 2 and First Party is the Owner of Parcel 1 as more particularly described in Schedule I attached hereto and made a part hereof. (b) The Owners desire to provide for the common operation, maintenance, repair, and replacement of the Utility Lines as hereinafter provided. 1.2 Definitions. (a) "Building Area": All of those areas on each Parcel which are from time to time covered by a building or other commercial structure. (b) "Common Area": All of those areas on each Parcel which are not Building Area. Canopies which extend over the Common Area, together with any columns or -1- 43537.0008.2036613.1 posts supporting the same, shall be deemed to be a part of the building to which they are attached and not a part of the Common Area. (c) "Development": Parcels 1 and 2 collectively. (d) "First Party": Presbytery of Boise, an Idaho corporation, together with any entity succeeding thereto by consolidation, merger or acquisition of its assets substantially as an entirety, and any wholly owned subsidiary thereof. First Party's current address is 201 W. Ustick Road, Meridian, ID 83642. (e) "Lienholder": Any mortgagee under a mortgage, or a trustee or beneficiary under a deed of trust constituting a lien on any Parcel. A Lienholder shall not be deemed to be an Owner for purposes of this Agreement until such time as said Lienholder acquires fee simple title to its Parcel(s) by foreclosure, trustee's sale or otherwise. of Parcel 2. (t) "Maintenance Director": The Owner of Parcel 2 and successor Owners (g) "Owner": The record holder of fee simple title to a Parcel, its heirs, personal representatives, successors and assigns. (h) "Parcel": Parcel l or 2 as more particularly described in Schedule I attached hereto and made a part hereof. (i) "person": Individuals, partnerships, firms, associations, corporations, trusts, governmental agencies, administrative tribunals or any other form of business or legal entity. 0) "Spring Creek": Spring Creek Ustick, LLC, an Idaho limited liability company, together with any entity succeeding thereto by consolidation, merger or acquisition of -2- 43537.0008.2036813.1 its assets substantially as an entirety, and any wholly owned subsidiary thereof. Spring Creek's current address is 253 E. Calderwood Dr., E, Meridian, ID 83642. (k) "Utility Lines": The portions of the sewer lines and systems serving the Development which are not dedicated to the public or conveyed to any public or private utility. "Common Utility Lines" shall mean those Utility Lines which are installed to provide the applicable service to more than one Parcel. "Separate Utility Lines" shall mean those Utility Lines which are installed to provide the applicable service to only one Parcel. For the purpose of this Agreement, the portion of a Utility Line extending between a Common Utility Line and a single building shall be considered a Separate Utility Line. 2. Maintenance Obligations. 2.1 Maintenance of Common Utility Lines. The Maintenance Director shall maintain, repair and replace, when necessary, the Common Utility Lines (with the cost of all such items being allocated between the Owners equally). The Maintenance Director may contract with a third party or parties to perform any of the services described herein. 2.2 Maintenance of Separate Utility Lines. Each Owner shall, at each Owner's sole cost and expense, maintain, repair and replace, when necessary, the Separate Utility Lines serving the Owner's Parcel. The Owners may contract with a third party or parties to perform any of the services described herein. 3. Utility Line Easements. 3.1 Utility Lines and Facilities. Each Owner, as grantor, hereby grants to the other Owners, for the benefit of each Parcel belonging to the other Owners, as grantees, a nonexclusive -3- 43537.0008.2036613.1 easement under, through and across the Common Area of the grantor's Parcel(s) for the installation, operation, maintenance, repair and replacement of the Utility Lines. 3.2 Construction Requirements. All Utility Lines shall be installed and maintained below the ground level or surface of such easements except for portions of the Utility Lines as are required to be above ground. The installation, operation, maintenance, repair and replacement of such Utility Lines shall not unreasonably interfere with the use of the improved Common Area or with the normal operation of any business in the Development. 3.3 Relocation. At any time and from time to time the Owner of a Parcel shall have the right to relocate on its Parcel any Utility Line installed pursuant to the foregoing grant of easement which is then located on the land of such Owner, provided that any such relocation (i) shall be performed only after sixty (60) days' notice of the Owner's intention to undertake the relocation shall have been given to the Owner of each Parcel served by the Utility Line, (ii) shall not unreasonably interfere with or diminish utility service to the Parcel(s) served by the Utility Line, (iii) shall not reduce or unreasonably impair the usefulness or function of the Utility Line, (iv) shall be performed without cost or expense to the Owner or occupant of any other Parcel, and (v) shall provide for the original and relocated area to be restored to their original specifications. The Owner performing such relocation shall provide as -built plans for all such relocated Utility Line to the Owners of all Parcels served by Utility Line within thirty (30) days after the date of completion of such relocation. 4. Taxes. Each Owner shall pay directly to the tax collector when due the real property taxes and other special taxes and assessments assessed against the Owner's Parcel, including the portion of -4- 43537.0008.2036613.1 the Common Area 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 said taxes and assessments. 5.. Reimbursement of Maintenance Director. 5.1 Contracting for Maintenance. The Maintenance Director shall contract for and initially pay for all of the items set forth in Section 2.1 herein (the expenses therefor sometimes collectively being referred to as "Expenses'). A copy of any contract for the items set forth in Section 2.1 shall be distributed to the Owner of Parcel 1 upon request. 5.2 Bids for Work. The Maintenance Director shall submit the work for bid to at least two (2) bidders. The names of the bidding contractors or companies and the amounts of their respective bids shall be furnished to the Owner of Parcel 1 upon request. The Maintenance Director shall award the contract to the lowest bidder unless the Maintenance Director first obtains the Parcel 1 Owner's consent to award the contract to a higher bidder. 5.3 Reimbursement. The Owner of Parcel 1 shall reimburse the Maintenance Director for all out-of-pocket expenses incurred by the Maintenance Director in performing the services described in Section 2.1. 6. Billing for Expenses. 6.1 Proportionate Share. The Maintenance Director shall bill the Owner of Parcel 1 for one-half (1/2) of all Expenses incurred by the Maintenance Director pursuant to Section 2.1. The Maintenance Director shall, within fifteen (15) days after receipt of an Owner's written request, provide to such Owner such additional documentation as the Owner reasonably requests to substantiate the Expenses. The bills shall be due and payable within thirty (30) days after receipt of the bills. Expenses shall be borne equally between the Owners of each Parcel. -5- 43537.0008.2036613.1 7. Default. 7.1 Failure to Pay Common Area Expenses. In the event any Owner fails or refuses to pay when due its share of any bill for the Expenses, which failure continues for a period of ten (10) days after receipt of written notice thereof, such failure shall constitute a default and legal action may thereafter be instituted against the defaulting Owner by the Maintenance Director for reimbursement plus interest. Interest shall accrue from the date said bill was due and payable to and including the date said bill is paid at a rate equal to the lesser of (i) the highest rate allowed by law, and (ii) the rate of eighteen percent (18%) per annum (the lesser rate being hereinafter referred to as the "Default Rate"). Furthermore, the Maintenance Director shall have a lien on the defaulting Owner's Parcel for the amount of said expenses plus accrued interest as set forth above; provided, however, that if there be a bona fide dispute as to the existence of such default or of the amount due and all undisputed amounts are paid, there shall be no right to place a lien on such Owner's Parcel until ten (10) days after such dispute is settled by final court decree or mutual Agreement and payment thereof to the Maintenance Director has not been made. 7.2 Failure to Pay Taxes. In the event an Owner fails to pay when due all taxes and assessments described in Article 4 above, which failure continues for a period of ten (10) days after receipt of written notice thereof, such failure shall constitute a default and any other Owner ("Curing Owner") may thereafter pay such taxes if such taxes are delinquent and the owing Owner has not commenced and is not duly prosecuting any contest of such taxes. The Curing Owner shall then bill the defaulting Owner for the expenses incurred. The defaulting Owner shall have fifteen (15) days within which to pay the bill. If the defaulting Owner does not so -6- 43537.0008.2038813.1 pay, the Curing Owner shall have a lien on the Parcel of the defaulting Owner for the amount of the bill, which amount shall bear interest at the Default Rate from the date of expiration of said fifteen (15) day period until paid; provided, however, that if there be a bona fide dispute as to the existence of such default or of the amount due and all undisputed amounts are paid, there shall be no right to place a lien on such Owner's Parcel until ten (10) days after such dispute is settled by final court decree or mutual Agreement and payment thereof to the Curing Party has not been made. 7.3 Failure of Owner to Perform. In the event any Owner fails to perform any other provision of this Agreement, which failure continues for a period of ten (10) days after receipt of written notice specifying the particulars of such failure, such failure shall constitute a default and any other Owner may thereafter institute legal action against the defaulting Owner for specific performance, declaratory or injunctive relief, monetary damages or any other remedy provided by law or equity (including self help remedies); provided, however, that the defaulting Owner shall not be deemed to be in default if such failure to perform cannot be rectified within said ten (10) day period and such Owner is diligently proceeding to rectify the particulars of such failure. Notwithstanding anything in this Agreement to the contrary, the liability of the Owner of Parcel 2 to the Owner of Parcel 1 for damages resulting from or relating to the performance or nonperformance of any maintenance item as set forth in Section 2.1 shall be limited to the cost of performing such item; it being specifically agreed and understood that, in no event, shall the Owner of Parcel 2 be liable to any person for incidental or consequential damages on account thereof. -7- 43537.0008.2036613.1 7.4 Attorneys' Fees. In addition to the foregoing, in the event any person initiates or defends any legal action or proceeding to enforce or interpret this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover from the losing party in any such action or proceeding its reasonable costs and attorneys' fees (including its reasonable costs and attorneys' fees on any appeal) as determined by the court in the same or a separate proceeding. 7.5 No Waiver. The failure of a person to insist upon strict performance of any of the terms, covenants, conditions or Agreements contained herein shall not be deemed a waiver of any rights or remedies that said person may have, and shall not be deemed a waiver of any subsequent breach or default in the performance of any of the terms, covenants, conditions or Agreements contained herein by the same or any other person. 7.6 Remedies. In addition to the remedies set forth in this Agreement, each person entitled to enforce this Agreement shall have all other remedies provided by law to the same extent as if fully set forth herein word for word. No remedy herein conferred upon, or reserved to any person shall exclude any other remedy herein or by law provided, but each shall be cumulative. 8. Lien for Expenses or Taxes. 8.1 Establishing Lien. The lien provided for in Article 7 above shall only be effective when filed for record as a claim of lien against the defaulting Owner in the office of the recorder of the county in which the Development is located, signed and verified, which shall contain at least: (a) An itemized statement of all amounts due and payable pursuant hereto; -8- 43537.0008.2036613.1 (b) A description sufficient for identification of that portion of the real property of the defaulting Owner which is the subject of the lien; (c) The name of the defaulting Owner; and (d) The name and address of the Owner filing the lien. 8.2 Priority. The lien, when so established against the real property described in the lien, shall be prior and superior to any right, title, interest, lien or claim which may be or has been acquired or attached to such real property after the time of filing the lien. The lien shall be for the use and benefit of the person curing the default of the defaulting Owner and may be enforced and foreclosed in a suit or action brought in any court of competent jurisdiction. 9. General Provisions. 9.1 Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Owners, their heirs, successors, assigns and personal representatives, and upon any person acquiring a Parcel, or any portion thereof, or any interest therein, whether by operation of law or otherwise. Notwithstanding the foregoing, if any Owner sells or transfers all or any portion of its interest in any Parcel, such Owner shall, upon the sale and conveyance of title, be released and discharged from all of its obligations as Owner in connection with the property sold by it arising under this Agreement after the sale and conveyance of title but shall remain liable for all obligations arising under this Agreement prior to the sale and conveyance of title. The new Owner of any such Parcel or any portion thereof (including, without limitation, any Owner or Lienholder who acquires its interest by foreclosure, trustee's sale or otherwise) shall be liable for all obligations arising under this Agreement with respect to such Parcel or portion thereof after the date of sale and conveyance of title; provided, however, that nothing -9- 43537.0008.2036613.1 contained in this paragraph shall be deemed to effect the priority or validity of any lien established under Articles 7 and 8. 9.2 Breach Shall Not Permit Termination. A breach of this Agreement shall not entitle any Owner to terminate this Agreement, but such limitation shall not affect in any manner any other rights or remedies which such Owner may have hereunder by reason of any breach of this Agreement. Any breach of this Agreement shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value, but this Agreement and any liens arising hereunder shall be binding upon and be effective against any Owner whose title is acquired by foreclosure, trustee's sale or otherwise. 9.3 Covenants Run With the Land. Each term, covenant, condition and Agreement contained herein respecting any Parcel shall be a burden on that Parcel, shall be appurtenant to and for the benefit of the other Parcels and each part thereof and shall run with the land. 9.4 Modification and Termination. This Agreement may not be modified in any respect whatsoever or terminated, in whole or in part, except with the consent of the Owners, and then only by written instrument duly executed and acknowledged by the Owners and recorded in the office of the recorder of the county in which the Development is located. No modification or termination of this Agreement shall affect the rights of any Lienholder unless the Lienholder consents in writing to the modification or termination. 9.5 Notices. (a) Delivery. All notices given pursuant to this Agreement shall be in writing and shall be given by personal service, by United States mail or by United States express mail or other established express delivery service (such as Federal Express), postage or delivery charge -10- 43537.0006.2036613.1 prepaid, return receipt requested, addressed to the appropriate party at the address set forth below. If a notice must be given to a person other than one designated below, such notice shall be sent to the person and address shown on the then current real property tax rolls in the county in which the Development is located. All notices to First Party or Spring Creek shall be sent to the appropriate party at the address set forth below: First Party: Presbytery of Boise 201 W. Ustick Rd. Meridian, ID 83642 Spring Creek Spring Creek Ustick, LLC 253 E. Calderwood Dr., E Meridian, ID 83642 The person and address to which notices are to be given may be changed at any time by any party upon written notice to the other parties. All notices given pursuant to this Agreement shall be deemed given upon receipt. (b) Receipt. For the purpose of this Agreement, the term "receipt" shall mean the earlier of any of the following: (i) the date of delivery of the notice or other document to the address specified pursuant to subparagraph (a) above as shown on the return receipt, (ii) the date of actual receipt of the notice or other document by the person or entity specified pursuant to subparagraph (a) above, or (iii) in the case of refusal to accept delivery or inability to deliver the notice or other document, the earlier of (A) the date of the attempted delivery or refusal to accept delivery, (B) the date of the postmark on the return receipt, or (C) the date of receipt of notice of refusal or notice of non-delivery by the sending party. -11- 43537.0008.2036613.1 10. Severability. If any term or provision of this Agreement or the application of it to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances, other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and shall be enforced to the extent permitted by law. 11. Not a Partnership. The provisions of this Agreement are not intended to create, nor shall they be in any way interpreted or construed to create, a joint venture, partnership, or any other similar relationship between the parties. 12. No Third Party Beneficiary Rights. This Agreement is not intended to create, nor shall it be in any way interpreted or construed to create, any third party beneficiary rights in any person not a party hereto. 13. Captions and Headings. The captions and headings in this Agreement are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, conditions or Agreements contained herein. 14. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and supersedes all prior Agreements, oral or written, with respect to the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any party. -12- 43537.0008.2036613.1 15. Construction. In construing the provisions of this Agreement and whenever the context so requires, the use of a gender shall include all other genders, the use of the singular shall include the plural, and the use of the plural shall include the singular. 16. Joint and Several Obligations. In the event any party hereto is composed of more than one (1) person, the obligations of said party shall be joint and several. 17. Recordation. This Agreement shall be recorded in the office of the recorder of the county in which the Development is located. EXECUTED as of the day and year first above written. FIRST PARTY: Presbytery of Boise, an Idaho corporation LE Name: Bruce Thomas Its: President List of Exhibits and Schedules: Schedule I — Description of the Development SPRING CREEK: Spring Creek Ustick, LLC, an Idaho limited liability company By: Spring Creek Enterprise, LLC, Its: Manager Lo Douglas B. Clegg, Manager -13- 43537.0008.2036613.1 STATE OF IDAHO ) ) ss. County of Ada ) On this day of August, 2010, before me, a Notary Public in and for said State, personally appeared Bruce Thomas, known or identified to me to be the President of Presbytery of Boise, the corporation that executed the within instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires STATE OF IDAHO ) ) ss. County of Ada ) On this day of August, 2010, before me, a Notary Public in and for said State, personally appeared Douglas B. Clegg, known or identified to me to be the Manager of Spring Creek Enterprise, LLC, a limited liability company, itself the manager of Spring Creek Ustick, LLC, a limited liability company, and the manager who subscribed said company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said company, and that such company executed the same in said company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires -14- 43537.0008.2036613.1 Schedule I Description of the Development -15- 43537.0008.2036613.1