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MDC Office BuildingCERTIFICATE OF ZONING COMPLIANCE DATE: TO: FROM: SUBJECT: OWNER: October 19, 2010 Erstad Architects Bill Parsons, Associate City Planner MDC Office Building — CZC-10-065; DES -10-045 Meridian Development Corporation DESCRIPTION OF APPLICANT'S REQUEST EIDIANt-, �J The applicant, Erstad Architects, requests Certificate of Zoning Compliance (CZC) and Design Review (DES) approval to construct a 16,126 square foot two-story office building located at 200 E. Broadway Avenue. The subject site is currently zoned O -T (Old Town District). Per UDC Table 11-2D-2, the office use is a principal permitted in the O -T District. DECISION The applicant's request for CZC and DES is approved with the conditions listed in this report. Note: This is not a building permit. Please contact Building Services at (208)887-2211 to verify if any additional permits and/or inspections will be required Two (2) sets of the approved plans are to be submitted to the Building Department with the permit application. Site Specific Conditions of Approval 1. The site plan prepared by the Land Group, dated 10/11/10, labeled C2.00, is approved (stamped "approved" on 10/19/10 by the City of Meridian Planning Department) with the following comment: a. Coordinate with ACRD for site and landscape improvements within the right-of-way adjacent to Broadway Avenue, E. Second Street and E. Third Street. 2. The elevations prepared by Erstad Architects, dated 10/04/10, labeled a3.11 and a3.12, are approved (stamped "approved" on 10/19/10 by the City of Meridian Planning Department) with no changes. 3. The landscape plan prepared by The Land Group, dated 10/11/10, labeled Sheet L1.00, is approved (stamped "approved" on 10/19/10 by the City of Meridian Planning Department) with the following comment: a. Upon installation of the landscaping and prior to inspection by the Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 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. 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. Conditions Document 1 MDC Office Building CZC and DES 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 11-313-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 2. The project is subject to all current City of Meridian ordinances. 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. EXPIRATION Certificates of Zoning Compliance issued in conjunction with a proposed use shall expire if said use has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. Certificates of Zoning Compliance issued in conjunction with construction or alteration of a structure shall expire if said construction or alteration has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. The administrative design review shall be exercised with the approval period of the underlying permit (CZC) or the approval shall expire. In accord with the above provisions, the subject Certificate of Zoning Compliance and Design Review is valid until October 19, 2011. CITY COUNCIL REVIEW The applicant, Director, or a party of record may appeal this decision or a condition of approval by requesting City Council review of this decision. All requests shall be filed in writing with the Planning Department within fifteen (15) days of the date of this report and comply with the provisions of UDC 11- 5A -6B. Conditions Document 2 MDC Office Building CZC and DES EDITS A. Vicinity Map B. Site Plan (dated: 10/11/10) C. Landscape Plan (dated: 10/11/10) D. Building Elevations (dated: 10/04/10) Conditions Document 3 MDC Office Building CZC and DES A. Vicinity Map Conditions Document 2 MDC Office Building CZC and DES B. Site Plan s S O II4 . Gli., ■ al" chi 11M., IF, tf gig s s e 6� EIy0 !i 1E�1�� il� !�■ iI M 1.4 19 I I! h I� eZ P1■ �i�ll ■lelil N."� 1tj � C - Oki ■1nr�r. �■i�iuI 7.o■n��r.�■�saeeer�e�■■■ wv M ?!'''' , Conditions Document 3 MDC Office Building CZC and DES CLandscape Plan +\ . OW o - i�pjlnqopw ||` �Ak �fall. . . ■ � kill !& �a!■■�§ @2 8 111M,�■_91 |5 IN % §11 Conditions Document 4 MDC Office Building CCand DES -_- - --- _ -= i■■■ ■■■■ ■_n■�--------------- m __ _____- _ _ --so-so IIMI _= -_- - --- _ -= i■■■ ■■■■ ■_n■�--------------- m __ _____- _ _ U-100--mmom Elm - a will `m iii■■ S ■■■■- ■■■■ ■■■ _'N■■■ ■E■■ _■■�� ■i�■i Jill ■■■ E IDIAN*:-. 1aaHo Planning Department CERTIFICATE OF ZONING COMPLIANCE Application Checklist Proiectname: MDC Office Building I File#:CZC- /D-D�, Aonlicant/agent: Dave Ruby, Erstad Architects j All applications are required to contain one copy of the following unless otherwise noted: Applicant Description Staff 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 ofapproval or Development Agreement) Vol' Recorded warranty deed for the subject property Affidavit of Legal interest signed & notarized by the property owner (if owner is acorporation. submit a coy of the Articles of Incorporation or other evidence to show that the personsigning is an authorized agent) Scaled vicinity map showing the location of the subject property N A Fire Marshall approval for access and turn around (stamped, full size siteplan) Sanitary Service Company approval for trash enclosure & access drive (stamped, fun size site Ian) Civil Site/Dimension Plan – 1 full size co folded to 8 %2" x 1 I" size A photometric test report for any light fixture(s) with a maximum output of 1,800 lumens or more see UDC I 1-3A-11) Copy of the recorded plat the property lies within (8'/z" x l 1" Address verification letter from Development Services 887-2211) Y Site Plan—* I copy (folded to 8 '/2" x 11" size) The following items must be shown on the siteplan: / • Date, scale, north arrow, and project name (scale not less than I "=50') J• Names, addresses, and telephone numbers of the developer and the person and/or firm 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) N //t • Fencing (proposed and existing) fY • Calculations table including the following: Number of parking stalls required & provided (specify handicap & compact stalls) i- Building size (sq. ft.) )0, Lot size (sq. ft.) i- Setbacks Y Zoning district • Reduction of the site plan 8 '/2" x 11 ") Landscape plan – *I copy (folded to 8 '/2" x 11" size) Plan must have a scale no smaller than I - — 50'(1 - = 20' is preferred) and be on a standard drawing sheet, not to exceed 36"x48" (24 x 36" is preferred). A plan which cannot be drawn in its entiret), on a single sheet must be drm+,n with appropriate match lines on two or more sheets. The following items must be included on the landscape plan: J • 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 4 h Wo KGGC�i-M tS v1a "kV';7 ^--"O T"te, Prt t fr'! • CE16 c2 . 0 0. 417 ' *Once an application is accepted, staff will contact you to let you know how many additional copies of plans are required. All plans are required to befolded to 8 % " x 11 " size. ACHD Acceptance: Applicant shall be responsible for meeting the requirements of ACHD as they pertain to this application. All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning & 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.meridiancity.org (Rev. 2/11/2010) 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 preparing the plan • Existing natural features such as canals, creeks, drains, ponds, wetlands, floodplains, 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 0 Sight Trian les as defined in 11-3A-5 of this ordinance J • 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, H, 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: Y 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 Y Buffer width between different land uses (if applicable) Y 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 %i" x 11" Building elevations showing construction materials — *I co folded to 8 '/z" x'11" size) Reduction of the elevations 8 %2" x 11") 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, landscape Ian, elevations, etc.). We encourage you to submit at least one color version. N /A- If applying for approval of a public school, provide additional information as required by the Public School Facility supplemental checklist per 67-6519 ' ) V Fee (If this project had prior approval on a site plan, reduced fees may apply) *Once an application is accepted, staff will contact you to let you know how many additional copies of plans are required. All plans are required to befolded to 8 % " x 11 " size. ACHD Acceptance: Applicant shall be responsible for meeting the requirements of ACHD as they pertain to this application. All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning & 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.meridiancity.org (Rev. 2/11/2010) E IDIAN*-- IDAHO Planning Department DESIGN REVIEW ■ Application Checklist Project name: MDC Office Buil ding lConcurrent File #:DX=/0- o y{ Applicant/agent: Dave Ruby, Erstad Architects All applications are required to contain one copy of the following: Applicant (�) Description Staff N) Completed and signed Administrative Review Application ✓ (If also submitting a concurrent application for Conditional Use Permit, design review will be processed along with that application. Therefore, an Administrative Review application is not necessary in this case; just check the Design Review box on Commission & Council Review lication and submit the information below.) Completed Design Manual Compliance Checklists (B. Urban Design Guidelines; C. Urban/Suburban Design Guidelines; D. Suburban Design Guidelines; E. Residential Design Guidelines) as applicable. Provide in a narrative letter, how the proposal addresses guidelines contained in the ✓ Meridian Design Manual and UDC 11-3A-19: 1. Architectural Character: a. Facades. b. Primary public entrance(s). c. Roof lines. d. Pattern variations. e. Fenestration f. Mechanical equipment. 2. Color and materials. Please provide color chips or exhibits of proposed colors. 3. Site Plan and Building Layout a. Building location b. Parking areas. c. Access d. Street layout and/or internal circulation. e. Pedestrian walkways and facilities. A complete set of scaled plans including building elevations, with building materials, colors and textures specified and site plans. Reductions of the elevations (8 t/x" x 1 l") Fee All requests for design review approval must meet die procedures set forth in UDC I1-5 and the criteria set forth in the "Meridian Design Manual". as applicable. APPLICATIONS WILL NOT BEA CCEPTED UNLESS ALL APPLICABLE ITF_MS ON THE CHECKLIST ARE SUBMITTED. 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 03/23/09)) E IDIAM--- Planning Department DESIGN REVIEW Design Manual Compliance Projectname• MDC Office Building File#: pes^/0- DL6 Applicant/agent Dave Ruby, Erstad Architects 1.0 Site Character 1.1. Coherent Plan Objective: To encourage the creation, enhancement, and evolution of compatible urban and mixed-use developments that promote functional, integrated, and attractive built environments. Y N N/A Design Guidelines' Comments Staff Staff X B-.1.1.3.1. Development should contribute to the single buiIding no new streets anticipated urban form and character and enhance... pattern, such as a grid, grid and squares, radial... X 13-1.1.3.1.1. Emphasize a compatible mix of uses, single building including retail, commercial, office, residential... District and Old Town should extend the use of... X B-1.1.3.1.2. Relate proposed development, including single buiIding land uses and activities to adjacent and surrounding... roadway typologies and classifications consistent... B-1.1.3.2. Anticipate the addition of future transit s i n g.l e building systems to the transportation network and plan for... as appropriate, to establish an interconnected street... 13-1.1.3.2.1. Coordinate routes, placement of facilities, single building X and infrastructure improvements with the appropriate... X B-1.1.3.3. Appropriately address the critical issues of single building site layout that influence urban development... 1.2. Street Networks Objective; To establish a foundational framework, with suitable urban street patterns, that encourages the development of functional, attractive, and integrated urban environments. Y N N/A Design Guidelines' Comments2 Staff B-1.2.3.1. Use an appropriate urban development no new streets X pattern, such as a grid, grid and squares, radial... B-1.2.3.1.1. Development proposals in the Downtown X District and Old Town should extend the use of... B-1.2.3.2. Create street networks using a hierarchy of X roadway typologies and classifications consistent... B-1.2.3.2.1. Use local, collector, and arterial roadways, as appropriate, to establish an interconnected street... See corresponding item in the Design Manual for full text. Insert comments or explanations relevant to the projects compliance or non-compliance. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1-25-2010) Y N N/A Design Guidelinest Comments Z Staff X B-1.2.3.2.2.3 Where appropriate, preserve or create and no new alleys use alleys as part of the street network. Alleys allow... B-1.2.3.3. Establish blocks that are compatible with the X urban framework and street network... X B-1.2.3.3.1. Blocks should generally be square, slightly elongated rectangles, or geometrically shaped... B-1.2.3.3.2. Use block configurations that provide i� relative uniformity in size, spacing, and orientation. X B-1.2.3.3.3. Generally, blocks should not exceed a length greater than 500 feet along any side... Objectives: To promote connectivity and accommodate various modes of transportation by establishing contiguous pedestrian environments, integrating accessible transit, and linking urban and public spaces. To mitigate the physical and visual impacts that vehicular accommodations have on the urban form and character, particularly along roadways. Y N N/A Design Guidelines' Comments 2 Staff B-1.3.3.1. Limit direct vehicular access off major roadways to maintain the continuity of pedestrian... B-1.3.3.1.13 Where appropriate, use alleys to provide parking is accessed o f f X vehicular access to blocks, sites, and buildings. of alley n o rf h of bldg. X B-1.3.3.1 2. The preferred options to provide access are alleys and local roadways. Access from arterial and... B-1.3.3.1.3. Coordinate access points with adjacent X sites and uses to limit interruptions along roadways... B-1.3.3.2. Provide pedestrian connections that establish X contiguous pedestrian networks throughout the... B-1.3.3.2.1. Use sidewalks, mid-block passages, on- site pedestrian circulation, and multi-use alleyways... B-1.3:3.2.2.3 Where appropriate, multiple pedestrian X routes should converge on significant urban places... B-1.3.3.3. Plan for access and connectivity to future X transit facilities, including, but not limited to... B-1.3.3.3.1. Coordinate with the appropriate agencies X and organizations to ensure the successful... B-1.3.3.3.2.3 Provide adequate pedestrian connections x from adjacent public spaces that allow convenient... See corresponding item in the Design Manual for full text. Insert comments or eeplanations relevant to the projects compliance or non-compliance. Incorporating this guideline may help offset not -compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1214/081 1.4 Orientation & Layout Objectives: To ensure that site organization, including, but not limited to, the placement and orientation of buildings, structures, and public spaces, as well as the location and layout of service and parking areas, contributes to the establishment of an appropriate urban form and character. Y N N/A Design Guidelines' Comments Staff B-1.4.2.1. Locate buildings to establish an appropriate Bldg. fronts 2nd and urban form that enhances the character and... Broadway Ave. B-1.4.2.1.1. Place building facades at or close to the Bldg. i s on N, W, and S build -to -lines (property lines and/or setbacks as... property lines. B- 1.4.2.1.2. Orient building facades toward roadways and public spaces to enclose and delineate pedestrian... B-1.4.2.1.3. Where appropriate, extend building i� facades to interior lot lines (and rear setbacks... B-1.4.2.1.4.4 Use buildings that incorporate articulated X facades and architectural elements or integrated... X B-1.4.2.2. Primary building entries for ground level and upper story uses should he oriented to provide... B-1.4.2.3. Strategically locate public and urban spaces X to encourage pedestrian activity, enhance... Y B-1.4.2.3.1. Integrate public spaces with street patterns, block configurations, and building placements to... B-1.4.23.2.3 Frame urban and public spaces with X building facades, enhanced streetscapes, or other... X B-1.4.23.3 s Building facades designed to accommodate courtyards, outdoor seating or dining... B-1.4.2.3.4.3 Where appropriate, incorporate public i� space to anchor prominent intersections and street... B-1.4.2.4. Place transit facilities adjacent to or near X public spaces and/or prominent buildings as... X B-1.4.2.5. Parking areas within urban_ environments should not detract from establishing an appropriate... X 13-1.4.2.5.1. Place parking primarily behind or to the side of buildings and public spaces and away from... X B-1.4.2.5.2. Use a parking strategy that includes one or a combination of the following: structured parking... B-1.4.2.53.3 Where appropriate and consistent with x roadway typologies and classifications, provide... B-1.4.2.5.4.4 Orient parking structures to reserve the x area of the ground floor adjacent to roadways for... B-1.4.2.6. Site services, building utilities, and mechanical equipment should not detract from... ' See corresponding item in the Design Manual for full text. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may !tell) offset non-compliance with other guidelines. d Incorporating this guideline may help offset non-compliance with other guidelines, for developments outside of'the Downtown District. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 12/4/08) Y N IN/Al Design Guidelines' Commentsz Staff Y I N IN/Al 13-1.4.2.6.1. Place service areas and utilities behind Comments' Staff x buildings and provide access from internal parking... ;K B-1.4.2.6.2. Where possible, avoid placing service areas adjacent to roadways, public spaces or in... X B-1.4.2.6.3. Place utility lines underground and away X from planting zones whenever possible. X B-1.4.2.7. Where possible, coordinate the placement of x public spaces, parking, buildings, pedestrian... See corresponding item in the Design Manual for full text. Insert comments or explanations relevant to the projects compliance or non-compliance. Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho. 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 12/4/08) Objective: To incorporate parking as integrated elements of urban environments and address issues, such as the appropriate location for parking, size of parking areas, paving materials, landscaping, and screening that influence the. physical and visual characteristics of parking areas. Y I N IN/Al Design Guidelines' Comments' Staff X 13-1.5.3.1. Design surface parking as an integrated and attractive element of the urban environment that... B-1.5.3.1.1. Divide surface parking into smaller separated modules and arrange parking to minimize... X B-1.5.3.1.2. Coordinate vehicular and pedestrian circulation patterns that clearly delineate parking... x B-1.5.3.1.3. Use trees, landscaping, hardscapes, and architectural elements to provide shade, create... B-1.5.3.1.4.3 Shade pedestrian walkways and parking, X including stalls and drive aisles, with the appropriate... B-1.5.3.1.5. Integrate appropriately scaled and X distributed lighting to provide a safe and comfortable... X B-1.5.3.1.6. Screen parking adjacent to public spaces, roadways and pedestrian walkways with landscaped... X B-1.5.3.2 s Design parking areas, or portions thereof, to accommodate other uses, such as markets, plazas... 13-1.5.3.2.1 s Where possible, place parking areas designed to accommodate other uses adjacent... x B-1.5.3.2.2 3 Combine architectural elements, paving materials, landscaping, plantings, and/or other... B-1.5.3.3. Parking structures should be compatible X with adjacent and nearby uses. Use the urban... Yvehicular B-1.5.3.3.1. Coordinate the location and design of ingress/egress to maintain safe visibility... Locate parking level ramps internally XB-1.5.3.3.2. away from roadways to avoid the structural... x B-1.5.3.3.3. Use solid panels or other architectural elements to screen vehicles and parking levels See corresponding item in the Design Manual for full text. Insert comments or explanations relevant to the projects compliance or non-compliance. Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho. 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 12/4/08) Y N N/A Design Guidelines[ Comments2 Staff N N/A Design Guidelines[ B-1.5.3.4. Design and arrange on -street parking to Staff XB-1.6.3.1. Design public urban spaces as destinations produce a traffic calming effect adjacent to... X within urban environments that provide places... B-1.5.3.4.1. Coordinate the location, orientation, and !� 13-1.6.3.1.1. Provide public urban spaces of appropriate design of on -street parking with traffic patterns... x types and sizes that are proportional to the use and... B-1.5.3.4.2.3 Integrate traffic calming strategies and B-1.6.3.1?. Public and open spaces are not required to techniques, such as landscape islands, and bulb -outs... See corresponding item in the Design Manual for full test. Insert comments or erplanations relevant to the projects compliance or non-compliance. Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 12/4108) 1.6 Public & Open r Objective: To provide a variety of attractive, usable, and integrated public urban spaces that encourage pedestrian activity and enhance the character of urban environments. Y N N/A Design Guidelines[ Comments 2 Staff XB-1.6.3.1. Design public urban spaces as destinations single building within urban environments that provide places... !� 13-1.6.3.1.1. Provide public urban spaces of appropriate types and sizes that are proportional to the use and... B-1.6.3.1?. Public and open spaces are not required to be located at ground level, but developments that... 8-1.6.3.1.3. Clearly delineate the edges of public urban %K spaces from other urban elements. Use building... Where possible, place public and open XB-1.6.3.1.4.3 spaces adjacent or in close proximity to transit... Where appropriate, use public and open XB-1.6.3.1.5. spaces as transitions between land uses to promote... B-1.6.3.2. Incorporate pedestrian oriented amenities i� that promote various active and passive uses within... B-1.6.3.2.1. Use decorative pavers or other materials X suitable for hardscapes that endure well and add... B-1.6.3.2.2. Incorporate plantings, trees, and other x plant materials to add vertical texture and variety to... Provide adequate seating that reflects the XB-1.6.3.2.3. nature of the intended activities. Use fixed seating... B-1.6.3.2.4.3 Introduce public art as an integral part of �( the public realm. As appropriate, incorporate... B-1.6.3.2.5 3 Include decorative details and elements, i� such as banners; flags, signs, and planters, which... Ylighting B-1.6.3.2.6. Where appropriate, provide adequate with integrated pedestrian scaled fixtures to... XB-1.6.3.3. Public and open spaces should maintain pedestrian and user safety and provide secure... See corresponding item in the Design Manual for full test. Insert comments or erplanations relevant to the projects compliance or non-compliance. Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 12/4108) 2.0 Architectural Character 2.1 Cohesive Design Objective: 1.7 Streetscape Objective: To promote an attractive urban street character that accommodates various pedestrian activities and establishes a general level of consistency among urban roadways and urban environments. Y N N/A Design Guidelines t Comments Staff B-2.1.3.1. Building design should appropriately address B-1.7.3.1. Integrate streetscape profiles along roadways ie ie building scale, mass and form and the use of... and blocks to maintain the continuity of the urban... B-2.1.3.2.Use fundamental design principles, including B-1.7.3.2.1. A typical width for streetscapes is 20 feet approx. 26' from face of curb X but not limited to, composition, order, balance... (8 -foot landscape zone, 8 to 10 -foot pedestrian zone... to bldg. ® 2nd and Broadway B-2.1.3.3. Building design should enhance public and B-1.7.3.2.2. The minimum width for streetscape i� xprofiles urban spaces, articulate an urban form, and provide... should not be less than 15 feet, reduced... B-2.1.3.3.1. Design buildings and structures to enhance B-1.7.3.2.3. Additional widths are optional and X x the attractiveness and appeal of prominent landmarks... encouraged to accommodate higher pedestrian... B-1.7.3.3. Integrate landscaping and streetscapes as k appropriate to create and maintain an aesthetic urban... B-1.7.3.3.1. Use formal planting arrangements, such X as regular and linear intervals and geometric patterns... B-1.7.3.3.22 Use informal planting arrangements, such Xas irregular intervals, random patterns and groupings... B-1.7.3.3.3. Use appropriate classes of trees for urban environments and streetscapes. Consider height and... B-1.7.3.3.4. Provide clear branch heights of at least 8 X feet above sidewalks and designated walkways and... B.1.7.3-3.5.3 Use planting arrangements that feature k seasonal plants, flowers, and ornamental trees to... 2.0 Architectural Character 2.1 Cohesive Design Objective: To promote vertically integrated building designs that incorporate enduring architectural characteristics to create and visually enhance an appropriate and timeless urban environment. Y N IN/Al Design Guidelinest Comments2 Staff B-2.1.3.1. Building design should appropriately address ie building scale, mass and form and the use of... B-2.1.3.2.Use fundamental design principles, including x but not limited to, composition, order, balance... B-2.1.3.3. Building design should enhance public and i� urban spaces, articulate an urban form, and provide... B-2.1.3.3.1. Design buildings and structures to enhance X the attractiveness and appeal of prominent landmarks... See corresponding item in the Design Manual for full test. Insert comments or explanations relevant to the projects compliance or non-compliance. Incorporating this guideline may help offset non-compliance with other guidelines. Appropriately use formal and/or inlorrrtal planting arrangements to meet the guideline. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 12/4/08) Y N IN/Al Objective: Design Guidelines' CommentS2 Staff Y I N IN/Al Design Guidelines' B-2.1.3.3.2. Where appropriate, incorporate human and Comments2 Staff X B-2.3.2.1. Articulate building forms, including, but not pedestrian scale as integral components of the... X limited to, massing, walls, and roofs, with... B-2.1.3.3.3. Design building fagades that define and x i� B-2.3.2.1.1. Building fagades that face roadways, articulate an appropriately scaled street wall to... public spaces, and pedestrian environments should... B-2.1.3.4. Design vertically integrated structures that X generally locate active uses at or near ground level... X B-2.1.3.5. Use building design and architecture to developments promote mixed-use and denser as... 1 See corresponding item in the Design Manual for full text. z Insert comments or explanations relevant to the projects compliance or non-compliance. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 12/4/08) 2.2 Building Scale Objective: To encourage building designs that use appropriate architectural and human scales to establish compatible physical and visual relationships with adjacent and surrounding developments and reinforce a cohesive urban environment. Y I N IN/Al Design Guidelines' Design Guidelines' Comments2 Staff B-2.3.2.1. Articulate building forms, including, but not B-2.2.2.1. Proposed developments should provide X limited to, massing, walls, and roofs, with... appropriately scaled buildings compatible in height... x B-2.3.2.1.1. Building fagades that face roadways, B-2.2.2.1.1. Coordinate the placement, orientation, and public spaces, and pedestrian environments should... design of buildings to mitigate and avoid the visual... X B-2.2.2.1.2. Physically configure building designs, as appropriate, to reduce overwhelming and... B-2.2.2.1.3. Use variation in building form, including, X but not limited to step back's, similar roof forms... X B-2.2.2.1.4. Where appropriate, maintain relative consistency for building scales along roadways and... B-2.2.2.2. Building designs should provide a building $ y. scale of two or more stories at least 35 feet... B-2.2.2.3. Incorporate human scale on appropriate Y building fagades to support an aesthetic architectural... X B-2.2.2.3.1. Use human scale to emphasize fenestration patterns, architectural elements, proportion... B-2.2.2.3.2. Human scale is required at the ground or X pedestrian level at building entries, along roadways... 1 See corresponding item in the Design Manual for full text. z Insert comments or explanations relevant to the projects compliance or non-compliance. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 12/4/08) 2.3 Building Form Objective: To encourage building designs that articulate and define appropriate building forms to enhance the character of urban environments and promote architectural vitality. Y N IN/Al Design Guidelines' CommentsZ Staff B-2.3.2.1. Articulate building forms, including, but not limited to, massing, walls, and roofs, with... x B-2.3.2.1.1. Building fagades that face roadways, public spaces, and pedestrian environments should... 1 See corresponding item in the Design Manual for full text. z Insert comments or explanations relevant to the projects compliance or non-compliance. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 12/4/08) Y N N/A Design Guidelines' Comments2 Staff IN/Al Design Guidelines' Comments2 B-2.3.2.1.2. Design parking structures as integrated B-2.4.2.1. Use architectural elements and detailing, x buildings that are compatible with surrounding uses... X including, but not limited to, fenestration patterns... Parking structures should incorporate B-2.4.2.1.1. Design and articulate architectural XB-2.3.2.1.3. modulations, architectural elements, details... is elements using proportions, divisions, detailing... and inset panels B-2.3.2.2. Incorporate visual and physical distinctions B-2.4.2.1.2. Provide architectural elements and in the building design between lower and upper... X detailing that emphasize human scale throughout... B-2.3.2.2.1. Use horizontal and vertical divisions in wall planes to organize fenestration as integrated... B-2.3.2.2.2. Design lower stories to visually anchor X buildings to the ground or street and appropriately... X B-2.3.2.2.3. Design upper stories complement the lower stories and create a cohesive building design... X B-2.3.2.2.4. Design the upper -most story or far�ade wall planes to complete the building design... B-2.3.2.2.5. Building designs in Old Town and within Y_ designated areas of the Ten Mile Specific Area Plan... B-2.3.2.3. Building designs should establish visual k connections that relate internal spaces at ground- or... X B-2.3.2.3.1. Use architectural elements, such as doors and 59% on Broadway elev. windows, details, and materials, to articulate building... 55% on 2nd Ave. elev. B-2.3.2.3.2. Fagades at ground level should average 50 X percent transparency along roadways and adjacent... B-2.3.2.4. Design fagades to accommodate ground 14' 15 t floor Floor to X level floor -to -floor heights that are proportionally... Floor X B-2.3.2.5. Building roof types, forms, and elements should provide variation and interest to building... B-2.3.2.5.1. Building designs should incorporate Y appropriate roof forms with primary and secondary... B-2.3.2.5.2. Where appropriate, modulate and/or Bldg steps at brick a n d x articulate roof types, both flat and sloped, with roof... -'metal accent panels 2.4 Architectural Elements Objective: To integrate architectural elements and details as components of cohesive building designs that enhance the visual interest of building fagades, support urban activity at and/or near ground level, and provide human and pedestrian scale. Y I N IN/Al Design Guidelines' Comments2 Staff B-2.4.2.1. Use architectural elements and detailing, X including, but not limited to, fenestration patterns... B-2.4.2.1.1. Design and articulate architectural Brick with recessed bays is elements using proportions, divisions, detailing... and inset panels B-2.4.2.1.2. Provide architectural elements and detailing that emphasize human scale throughout... ' See corresponding item in the Design Manual for full text. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 12141081 Y N IN/Al the development of a timeless urban character. Design Guidelines' Comments Staff Design Guidelines' Comments Staff B-2.4.2.1.3.' Incorporate building overhangs or other X similar features, such as canopies and awnings... roadways and/or public spaces should use consistent... B-2.4.2.1.4.3 Integrate strategically located elements as X focal points in building designs at entries, building... that contribute to a cohesive building design... B-2.4.2.2. Use architectural elements and detailing in B-2.5.2.2.1. Select a combination that emphasize a combination with color palettes, textural changes... finished composition and enhance human scale for... B-2.4.2.3. Organize and locate building service X equipment, including, but not limited to, mechanical... interest, and detail may be appropriate for building... B-2.4.2.3.1. Use integrated architectural elements to B-2.5.2.2.3. Use well -detailed, proportioned, and provide adequate screening and appropriately... durable materials that will weather and age gracefully... B-2.4.2.3.2. Screen service equipment at ground level X from pedestrian and vehicular view to a minimum... to establish attractive architectural character... B-2.4.2.3.3. Screen service and building equipment that x is attached or on top of structures from public view... X B-2.4.2.3.4. Use screening techniques, architectural B-2.5.2.3. Where materials transition or terminate, elements, and materials that are consistent with the... Objective: To encourage the use of quality materials that promote aesthetic building designs and appropriate contributions to the development of a timeless urban character. Y N IN/Al Design Guidelines' Comments Staff B-2.5.2.1. Buildings with fagades that face multiple roadways and/or public spaces should use consistent... B-2.5.2.2. Use complementary material combinations that contribute to a cohesive building design... B-2.5.2.2.1. Select a combination that emphasize a x finished composition and enhance human scale for... B-2.5.2.2.2. Concrete masonry that provides texture, ?t interest, and detail may be appropriate for building... B-2.5.2.2.3. Use well -detailed, proportioned, and i� durable materials that will weather and age gracefully... B-2.5.2.2.4. Create interest and variety in fagade design X to establish attractive architectural character... B-2.5.2.2.5. Provide pattern, texture, and detail in the x building design and distinguish field materials from... B-2.5.2.3. Where materials transition or terminate, X provide detailing to express the natural appearance... B-2.5.2.4. Use colors that complement the use of building materials and support innovative and good... X B-2.5.2.4.1. The use of subtle, neutral, and natural tones for field materials should complement accent... See corresponding item in the Design Manual for full text. Insert comments or explanations relevant to the projects compliance or non-compliance. Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 12/4/08) Y N I N/A I Design Guidelines Comments Staff Design Guidelines' Comments` Staff B-2.5.2.4.2. The use of intensely bright and fluorescent X colors, as well as the widespread use of saturated... exteriors to promote safe pedestrian environments... B-2.5.2.4.3. Materials or colors with high reflectance, X such as metal or reflective glazing... Lighting Objective: To encourage the use of signs and architectural lighting as integrated elements of building designs that contribute to the atmosphere of urban environments and enhance the pedestrian experience. Y N N/A Design Guidelines' Comments` Staff B-2.6.3.1. Where appropriate, use lighting on building ie exteriors to promote safe pedestrian environments... X B-2.6.3.1.1. Coordinate lighting fixture spacing and height along streetscapes and roadways to avoid... B-2.6.31.2.3 The use of architectural lighting is LEED principals are being X encouraged to be energy-efficient and easily... applied to this building x B-2.6.3.1.3. Lighting fixtures used on building exteriors should be integrated with building design... B-2.6.3.2. Signs in urban environments are typically lC attached to building fagades as buildings... X B-2.6.3.2.1. Provide signs to identify individual No sign program yet storefronts, buildings and uses along roadways, and... B-2.6.3.2.2. Use signs that incorporate business and civic logos that identify developments, businesses... xcompatible B-2.6.3.2.3. Use appropriately scaled signs that are with the architectural character and... Use sign types, such as, wall, window, XB-2.6.32.4. awning, projecting, under canopy, door and parapet... X B-2.6.3.2.5. Orient signs toward pedestrians as well as vehicles along roadways and walkways, with the... XB-2.6.3.2.6.3 Decorative flags and banners should Ale promote the identity of place and enhance the... See corresponding item in the Design Manual for full test. Insert comments or explanations relevant to the projects compliance or non-compliance. Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1214/08) �. -' � Planning Department E IDIAI T ADMINISTRATIVE REVIEW APPLICATION fie Type of Review Requested (check all 0pt!app?ly) ❑ Accessory Use ❑ Alternative Compliance ❑� Certificate of Zoning Compliance ❑ Certificate of.Zoning Compliance Verification ❑ Conditional Use Permit Minor Modification ❑o Design Review ❑ Private Street ❑ Property Boundary Adjustment ❑ Time Extension (Director) ❑ Vacation ❑ Other STAFF USE ONLY: File number(s):C2C •/D - pL 6 Project name: 1!ti OG Dn u. b u it i+tio Date filed:d% % 16 Date complete:. l b .J 16 Assigned Planner: Related files: C2 C -0 Applicant Information Applicant name: Erstad Architects Phone: 208-331-9031 Applicant address: 420 Main Street, Suite 202 Boise, ID Zip: 83702 Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned 0 Other Architect Owner name: Meridian Development Corporation Phone: 208-863-4160 Owner address: 33 E. Broadway Avenue MeridianID Zip: 83642 Agent name (e.g., architect, engineer, developer, representative): David Ruby, AIA Firm name: Erstad Architects Phone: 208-331-9031 Address: 420 Main Street Suite 202 Boise, ID Zip: 83702 Primary contact is: ❑ Applicant ❑ Owner 0 Agent ❑ Other Contact name: David Rubv, AIA Phone: 208-331-9031 E-mail: drubv(a)erstadarchitects com Fax: 208-331-9035 Subject Property Information Location/street address: 200 226 234 and 242 Broadway Avenue Meridian, ID 83642 Assessor's parcel number(s): R75672000830 R7596000090 R7596000095 and R7596000105 Township, range, section: 3N 1 E07 Total acreage: 0.818 Current land use: empty/none Current zoning district: O -T 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org I (Rev. 11/4/08) Project ,Description Project/subdivision name: Meridian Development Corporation Office Building General description of proposed project/request: Construct two-story office building to house VRT and COMPASS organizations Build parking lot of serve building and offer public parking, Proposed zoning district(s): O_T Acres of each zone proposed: All 0.818 acres are in O -T district Type of use proposed (check all that apply): ❑ Residential ❑ Commercial El Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): public parking lot Who will own & maintain the pressurized irrigation system in this development? VRT + COMPASS Which irrigation district does this property lie within? Nampa -Meridian Primary irrigation source: municipal Secondary: municipal Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): 5,225 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): 1 Bedroom: 2 or more Bedrooms: Minimum square footage of structure(s) (excl. garage): Proposed building height: Minimum property size (s.f): Average property size (s.f.): Gross density (DU/acre-total land): Percentage of open space provided: Percentage of useable open space: _ 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: 4 Other lots: N/A Gross floor area proposed: 16,126 sf Existing (if applicable): none Hours of operation (days and hours): Mon-Fri7am-61)m; Sat, 8am-5pm Building height: 35'-0" Percentage of site/project devoted to the following: Landscaping: 13% Building: 45% Paving: 42% Total number of employees: 38 Maximum number of employees at any one time: 38 Number and ages of students/children (if applicable): none Total number of parking spaces provided: 57 Authorization Print applicant name: I R %J Applicant signature: Seating capacity:. 107 Number of compact spaces provided: none Date: 10 • 0S. 1 D 33 E. Broadwai Avenue, S ite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 e Acsimile: (208)888-6854 • Website: www.meridiancity.org 2 erstad ARCHITECTS 420 main street, suite 202, Boise, idaho 83702 • phone 208.331.9031 • fax 208.331.9035 • email: mail@erstodarchitects.com October 5, 2010 City of Meridian Planning Department 33 East Broadway Avenue, Suite 210 Meridian, Idaho 83642 Re: Design Review Application MDC Office Building 200 Broadway Avenue Meridian, ID 83642 To Whom It May Concern, Please review the attached information including floor plans, site plans, elevations, material samples, and colored renderings for the new MDC office building project. Together, the various drawings and images explain our design for the future home of Valley Regional Transit and COMPASS. The new two-story office building will be located on the comer of 2nd and Broadway in downtown Meridian and will be pursuing LEED Silver certification. In order to compliment the existing brick building adjacent to and the old lumber yard across the street from the site, the exterior design will take on a "warehouse style". This will incorporate primarily brick and storefront system, with metal used as an accent in both panels and canopies. These seemingly traditional materials will be used in a modern, urban aesthetic on the elevations that will both represent the past and help to usher in the new future of downtown Meridian. The fapades are organized in bays acting as repeating elements that both break up and unite the elevations. While the bays are more vertical, recessed panels in each help to tie the bays together horizontally while adding depth. The central bays on the north and south elevations are recessed to provide relief; similarly, half of the East and West elevations are pushed back. The dividing element in plan is the central East-West hallway, which acts as a public axis through the building on the first floor. The primary public entrances are located at the ends of this East-West hallway, which can be seen on the elevations in the forms of slender bays of storefront and metal panel which bisect the brick facades. These major entrances can be found on 2nd street and the parking lot; a minor public entrance is located on Broadway Avenue. Metal canopies with wood siding on the underside also help to note the entrances. This wood accent continues on the interior of the building, acting as a way -finding feature, leading people through the public spaces of the building. The bays that mark the public entrances are also emphasized by a lower parapet height. The brick bays form a high -low parapet height pattern, further strengthening the rhythm of the facades. The taller portions have more articulated cornices while the shorter ones are simply capped. In the cornices, the brick changes orientation to give another accent to the roofline. On a smaller scale, the building materials are used to reinforce this sense of pattern on the elevations. As mentioned above, the brick changes orientation in the cornice; it also goes from horizontal to vertical in the recessed panels in each bay. The smooth faces of the metal panel accents contrast with the texture of the brick, adding interest to the material palate. These brief interruptions of the regular brick coursing make the facades more playful and appealing to the public. Also contrasting with the heaviness of the brick are the expanses of glazing on each side of the structure. Large windows meet the fifty percent glazing requirement for buildings on any major street or public faoade on the first floor. The largest portions of storefront are appropriately located at the public entrances, those being the only places where the fenestration extends to the ground plane. Each window is further divided with mullions to give them a traditional, yet clean, look. So as not to detract from the other aesthetics of the building, the parapet has been set at 4'-4" above the roof deck to hide any and all mechanical units sitting on top of it. Because the tapered insulation slopes down from the parapet edges, the units are located towards the center of the roof. These factors guarantee that the mechanical units are hidden from view from anywhere on the site. The building was placed on the site to form a visual anchor on the corner of 2nd Street and Broadway Avenue. This location is only one block off of Main Street, the main thoroughfare of downtown Meridian. Historically, this was an important area of commerce and this new building will act as a catalyst to reintroduce life into the area. In the interest of bringing people into the area but not adding stress to the current parking situation, a large, convenient parking lot will be constructed. This will serve both the employees of VRT and COMPASS, as well as the general public. This layout also leaves possibility for a second building to be built in the future to share this parking. The parking lot is accessed from the alley in order to maintain the urban streetscape along Broadway Avenue. No street layout was modified in planning the site. As aforementioned, the building itself can be accessed from the parking lot, 2nd Street and Broadway Avenue. Because the building expands to the lot lines on 2nd Street, Broadway Avenue, and the parking lot, there is very little internal circulation within the site itself. Surrounding the site is a large, tree -lined sidewalk, creating a pleasant atmosphere. For those coming to the building on bicycles, there will be secured bike parking for use by the employees and the general public. In conjunction with requirements for LEED Silver certification, the building will also house two shower/changing rooms for those who commute to work by bike. With all three of these methods of vehicular and pedestrian access, the building is easy to arrive at and navigate through. This site offers a wonderful opportunity and we are excitedwith the functional and aesthetically pleasing design that was achieved for this prominent location. We look forward to discussing the project further. If you have any questions, please call me. Sincerely, David Ruby, AIA Project Architect erstad ARCHITECTS ersta d ARCHITECTS 420 main street, suite 202, boise, idaho 83702 - phone 208.331.9031 - fax 208.331.9035 - email: mail@erstadarchitects.com October 5, 2010 City of Meridian Planning Department 33 East Broadway Avenue, Suite 210 Meridian, Idaho 83642 Re: Certificate of Zoning Compliance Application MDC Office Building 200 Broadway Avenue Meridian, ID 83642 To Whom It May Concern, Please review the attached information including legal documents, floor plans, site plan and information, elevations, utilities information, and colored renderings for the new MDC office building project. This structure will be erected on the corner of 2nd Street and Broadway Avenue and will be pursuing LEED Silver certification. This site was formerly specified for "The Hub" project. Together, the various drawings, images, and documents explain our design and zoning compliance for the future home of Valley Regional Transit and COMPASS. Valley Regional Transit operates the bus lines in Ada and Canyon counties, branching the transportation gap between Boise, Nampa and Meridian. Currently, they employ 19 people and are looking towards the future in terms of allotting space for new hires. COMPASS (Community Planning Association of Southwest Idaho) aids in the decision- making process regarding transportation needs in the Treasure Valley. As an organization, they seek to boost the economic and environmental qualities of the region. They will occupy the second floor of the building with work stations for 19 employees. These entities will both be categorized under the 'B' occupancy group, as specified by the International Building Code, Section 304. If you have any questions, please call me. Sincerely, ta7�AIA Project Architect erstad ARCHITECTS AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) C�2A, y ►PsCWwT2-, C�9,�� , 31 f 940"OLV>9Y (address) t Or Ftp! (name) _1 31914 v (city) (state) being first duly sworn upon, oath, depose and say: I. That I am the record owner of the property described on the attached, and I grant my permission to: ,q *,Of ��sd Uta w. M�>.� JT., s� zv2 U2. (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). n 20 6 r %U Dated this � � � day of Seafc.' i ture) SUBSCRIBED AND SWORN to before me the day and year first above written. ' N •�'• 64b, � '4 • •'• ��► '. v %41 AR r u' (Notary Public for Idaho) C� '• Residing at: aA/ L1Qr� 90 040*" �,�;�•��::�•*"!�••.• My Commission Expires: i V t a� 00 R OF 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 2.111/2010) TITLEONE CORPORATION 1101 W. River St. Boise, ID 83702 (208)424-8511 STATEMENT OF SETTLEMENT FOR PURCHASERS PROPERTY ADDRESS: 234 & 242 E. Broadway Ave., Meridian, ID 83642 PURCHASER/BORROWER(S): Urban Renewal Agency of the City of Meridian, Idaho, aka Meridian Development Corporation, an independent public body corporate and politic. SELLER(S): R. Craig Thomson and Kenneth E. Thomson SETTLEMENT DATE: October 18, 2007 DISBURSED: October 18, 2007 PRORATION DATE:October 18, 2007 DEBIT CREDIT Contract Sates Price 429,840.00 Deposit or earnest money 10,000.00 07 County Taxes 01/01/07 to 10/18/07 1,460.64 Settlement or Closing Fee rtipn„p r.,,.A.ti,,,, 'IAn nn Recording Fees TitleOne Corporation 9.00 Subtotals 430,189.00 11,460.64 Balance Due FROM Purchaser/Borrower 418,728.36 TOTALS 430,189.00 430,189.00 The above figures do not include sales or use taxes on personal property APPROVED and ACCEPTED PURCHASER(S) / BORROWER(S): Urban Renewal Agency of the City of Meridian, Idaho, aka Meridian Development Corporation, an independentpublic bod cprporate and politic. Craig Sloc, m Chairman A , EST:i 1 � . Lawrence D. Lipschultz Secretary 2010 arstad ARCHITECTS ESCR� Ad' J TXwne orporation (A0768810.PFD/A0768810/19) www.tideonecorp.com ESCROW CLOSING INSTRUCTIONS Escrow No. A0768810 Date: 10/18/07 To: TitleOne Corporation Before close of escrow R. Craig Thomson and Kenneth E. Thomson, has or will deposit with you under these instructions the following: (x) Fully -executed warranty deed in favor of buyer herein (x) Escrow closing statement. (x) 1099 form (x) FIRPTA (x) Deed of Trust which you are hereby authorized and instructed to deliver, release and/or record when you have for the account of Seller $429,840.00 subject to any charges and/or credit authorized herein; and Urban Renewal Agency of the City of Meridian, Idaho, aka Meridian Development Corporation, an independent public body corporate and politic., has or will deposit with you a cashier's check or other certified funds as required to comply with these instructions, and the following: (x) Escrow closing statement Earnest money in the amount of 510,000.00 has been deposited with TitleOne Corporation, by the buyer, which shall be withheld at time of closing. You are hereby authorized and directed to use the funds and documents described above, when you are able to close in accordance with the instructions below: When you are in a position to issue or have issued an ALTA Standard Owner's policy (or policies) of title insurance insuring Buyer (or as otherwise hereinafter provided) in the amount of $429,840.00 on the real property described in Title Commitment No. A0768810, which the undersigned have read and approved, which will show record title vested in: Urban Renewal Agency of the City of Meridian, Idaho, aka Meridian Development Corporation, an independent public body corporate and politic, free and clear of all encumbrances except for the insuring clauses, exceptions, exclusions, provisions and stipulations customarily contained in the printed provisions of such form and exceptions 1-7, 10-13, as set forth in above referenced Title Commitment dated July 25, 2007. Then you are instructed to disburse deposited funds pursuant to the Escrow Closing Statements) examined and approved by the parties hereto and by this reference made a part hereof. Proceeds of this escrow may be disbursed by your check payable to the respective parties, and your checks and documents may be mailed to the addresses set forth herein. Escrow holder has been instructed to prepare certain documents in connection with this transaction which documents have been read and approved by the parties as to form, content and. terms AND have been approved for use in this escrow. DOCUMENTS PREPARED BY ESCROW: Warranty Deed 1. You are instructed to prorate as of close of escrow the following: Taxes and it is understood that the prorated charges shown upon the escrow closing statement are prorated as of that date. Assume a per diem basis (based on 365 days per year) in the proration herein provided, and unless parties otherwise instruct you, you are to use the information contained in the last available tax statement, rental statement, or beneficiary's statement delivered into escrow for the prorations provided above. It is understood and agreed that the real property tax proration herein is based on 2007 ESTIMATED taxes in the amount of $1,838.39. The undersigned parties hereby affirm and agree that Escrow Holder, its employees, agents or assigns have not made any warranties as to the accuracy of these tax figures, Further, the undersigned parties agree that should the actual tax, as shown in the tax statement forwarded by the Assessor's office during the year of sale, differ from the figure represented in the closing statement, the parties will make adjustment between themselves, outside of escrow. Escrow Holder shall not be responsible or liable for reimbursements as required thereby. 2. All water and utility charges will be handled by the principals outside of escrow. Escrow holder is not to be concerned with or responsible for transfer of keys and/or physical possession of the property. 3. Unless specifically provided elsewhere in these instructions, the cancellation, transfer or purchase of fire or other casualty insurance shall be handled by the parties outside of this escrow. 4. You are authorized to deduct from seller's proceeds any additional monies due on loan payoffs or other demands as necessary to effectuate title as described above, and seller agrees to reimburse you for any charges incurred by you in connection with obtaining said payoffs or demands. The parties understand that there may be adjustments on interest or unusual recording fees after the signing of these instructions. You are further authorized to deduct same from seller's proceeds and/or deduct from buyer's funds any payments made by you for said recording fees. 5. All money received by you in this escrow is to be deposited in your trust account pending closing. Seller and/or Buyer hereby acknowledge and consent to the deposit of the escrow money in financial institutions with which Escrow Holder has or may have other banking relationships and further consent to the retention by Escrow Holder and/or its affiliates of any and all benefits which may be received from such financial instructions by reason of their maintenance of said trust accounts. Unless otherwise specifically agreed, you may commingle funds received by you in escrow with escrow funds of others and may deposit such funds in a checking account with any federally insured bank. It is understood that you shall be under no obligation to invest funds deposited with you on behalf of any depositor, nor shall you be accountable to the depositor for any earnings or other incidental benefits attributable to the funds which may be received by you while you hold such funds. 6. These instructions are effective for 15 days from the date of closing; and thereafter, without written instructions to continue, you are authorized and instructed to cancel this escrow. I/We, jointly and severally, agree to pay your cancellation fee and all charges in connection therewith. In the event of cancellation of this escrow, all funds, except loan funds, shall be held subject to written cancellation instructions executed by all principals involved. 7. These escrow closing instructions may be executed in counterparts with like effect as if all signatures appeared on a single copy. 8. You are bound solely by the provisions set forth in these escrow instructions and the parties hereto understand that you are not a party to any earnest money receipt and agreement or commission agreement (agreements), executed by the parties herein, and that said agreements (and amendments thereto, if any) is (are) not a part of these escrow closing instructions. You are to be concerned only in the performance of your duties in compliance with these escrow closing instructions. You are to assume no liability for the sufficiency or enforceability of any provisions in said agreements. The undersigned hereby affirm that all of the terms and conditions contained in the earnest money agreement have been met or waived to the complete satisfaction of the parties. 9. You are instructed to furnish to any broker or lender identified with this transaction or anyone acting on behalf of such broker or lender, any information concerning this escrow upon request of said broker or lender. 10. Should any disputes arise between parties interested in property or funds covered by these instructions, you shall have the option to hold all matters pending in their then existing status or to join in or commence a court action, or to bring an action in interpleader, at your option. Upon your determination to hold this escrow open for determination of the rights of the parties, you will be relieved of all responsibility to proceed until the rights of the parties are settled to your satisfaction. Further, you as escrow holder shall be entitled to continue to so refrain to act until (a) the parties hereto have reached an agreement in their differences and shall have notified the escrow holder in writing of such agreement or (b) the rights of the parties have been duly adjudicated by a Court of competent jurisdiction. It is further agreed that in the event of any suit or claim made against you by either or both parties to this escrow or in the event any suit is instituted by you to resolve your responsibility regarding conflicting claims of both parties to this escrow, that said parties, jointly and severally, shall be required to pay you all expenses, costs and reasonable attorney's fees incurred by you in connection therewith, whether suit is instituted by you or any of the parties hereto, or not. 11. In the event of any disagreement between the parties hereto, or demands or claims made upon you by the parties hereto or interested herein or by any other party, you, as escrow holder, shall have the right to employ legal counsel to advise and/or represent you in any Suit or action brought affecting this escrow or the papers held in connection herewith or to bring an action in interpleader, at your option. The parties hereto shall be jointly and severally liable to you for any and all attorney's fees, costs, and disbursements incurred by you in connection with the employment of counsel in such conflict and, upon demand, the parties shall forthwith pay the. same to you, as escrow holder. If you are required to institute suit to collect such sums as are owed to you pursuant to this or any other provision of this instructions, you shall further be entitled to payment by the parties found liable for such unpaid charges of any costs and attorney's fees incurred in the prosecution of such action. 12. If for any reason funds are retained or remain in escrow after closing date, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. ADDITIONAL INSTRUCTIONS DECLARATION OF ESCROW SERVICES: Both Buyer and Seller acknowledge the following by their signatures below: We have been specifically informed that TitleOne Corporation is not licensed to practice law and no legal or accounting advice has been offered by TitleOne Corporation or any of its employees. We have been further informed that TitleOne Corporation is acting only as escrow holder and that it is forbidden by law from offering any advice to any party respecting the merits of this escrow transaction or the nature and content of the documents executed herein, and that it has not done so. We have been requested by escrow holder to seek legal counsel of our own choosing at our own expense, if we have any doubt concerning any aspect of this transaction. We have been afforded adequate time and opportunity to read and understand these escrow instructions and all other documents referred to therein. These escrow closing instructions constitute the entire agreement between the escrow holder and the undersigned parties. Any amendments and/or supplements to these instructions must be made in writing. We further understand that TitleOne Corporation assumes no liability as to any law, ordinance or governmental regulations including, but not limited to, building, zoning and division of land ordinances and assumes no responsibility for determining that the parties to the escrow have complied with the requirements of the Truth in Lending, Consumer Protection Act (Public Law 90-321), or similar laws. THE UNDERSIGNED HAVE READ AND FULLY UNDERSTAND THE FOREGOING ESCROW CLOSING INSTRUCTIONS AND ALSO THE DECLARATION SET FORTH ABOVE AND AGREE TO SAME. Urban Renewal Agency of the City of Meridian, Idaho, aka Meridian Development Corporation, an independent pu is body cop ate and politic. BY: 2. Craig Sloey� Chairman/ I ATTEST; I Lawrence D. Lipschultz Secretary \ 1 raig Th ms `\ 1, & t% n A \ n Stacie L. Thomson Forwarding address (buyer) Forwarding address (seller) Ac' now dged by: Titl� Co orat' cmcfaddan Order No.: A0768810 WARRANTY DEED For Value Received, R. Craig Thomson, a married man, and Kenneth E. Thomson, a married man, the Grantor, does hereby grant, bargain sell and convey unto, Urban Renewal Agency of the City of Meridian, Idaho, aka Meridian Development Corporation, an independent public body corporate and politic, organized under the laws of the state of Idaho, whose current address is 33 E. Idaho Ave., Meridian, ID 83642, the Grantee, the following described premises, in Ada County, Idaho, To Wit: Lots 7, 8, 9 and 10 in Block 2 of the Amended Plat of Rowan Addition to Meridian, according to the official plat thereof, filed in Book 2 of Plats at Page 52, official records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that they are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; and subject to all existing patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility assessments (if any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Whenever the context so requires, the singular number includes the plural. Dated: October 17, 2007 iE2. Craig T son/ a(�' KA Stacie L. Thomson '1 Kenneth E. ThomMon State of Idaho ) ss: County of Ada ) On this .'-77 day of October, 2007, before me, the undersigned a Notary.Public in and for saidstate personally appeared R. Craig Thomson, known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF I have set my hand and official sea] on the date shown above. N6taTy PublicCameron McFaddan 000®°°° �� 0� Commission Expires: R�?sidina i$niexa �p • % C. o •• �o'. Commission Expires: 10/4/2012 �, S � ®• �� m d mom• & •ty- o lC �• Z • • • n o State of Idaho ) ° °°°Bee as ®, °°oe°o ss: BOB09099999 County of Ada ) On this /7 day of October, 2007, before me, the undersigned a Notary Public in. and for said state personally appeared Stacie L. Thomson, known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. IN WITNESS WHEREO I have set my hand and official seal on the date shown above. Notary Pub1iE,°°°°Gp. �RD1y '0,,O Commission Expires: Cameron McFaddan Residing: Boise, ID Commission Expires 10/4/2012 State of Idaho ) ss: County of Ada ) On this f day of October, 2007, before me, the undersigned a Notary Public in and for said state personally appeared Kenneth E. Thomson, known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF I have set my hand and official seal on the date shown above. � l��i� �eoe00000aseo�ooso. eav p ll►ER o V Notary Public 0°° C .000a0o eo ®o e Commission Expires: Gam _ o R NO AA Residing: Boise, ID a �� Commission Expires: 10/4/2012o�.a °s0 �t j� v f' a o State of Idaho) ®® "DAH SS: o�00000uoeooecaeee County of Ada On this l • - day of October, 2007 befbe6' me, the undersigned a Notary Public in and for said state personally appeared l k . Thomson, known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. IN WITNESS WHERE F I have set my hand and official seal on the date shown above. Notary PU61ic ee`000eoeeeaooeoosoo Commission Expires: Cameron McFaddan Residing: Boise, ID Commission Expires: 10/4/2012 TITLEONE CORPORATION 1101 W. River St. Suite 201 Boise, ID 83702 (208)424-8511 STATEMENT OF SETTLEMENT FOR PURCHASERS PROPERTY ADDRESS: 200 E. Broadway Ave., Meridian, ID 83642 PURCHASER/BORROWER(S): Urban Renewal Agency of the City of Meridian, Idaho, aka Meridian Development Corporation, an independent public body corporate and politic. SELLER(S): Volo, LLC, an Idaho limited liability company SETTLEMENT DATE: September 28, 2007 DISBURSED: September 28, 2007 PRORATION DATE: September 28, 2007 DEBIT CREDIT Contract Sales Price 685,000.00 Deposit or earnest money 10,000.00 07 Est Co Taxes 01/01/07 to 09/28/07 2,964.89 Settlement or Closing Fee TitleOne Corporation 340.00 Recording Fees TltleOne Corporation 9.00 Subtotals 685,349.00 12,964.89 Balance Due FROM Purchaser/Borrower 1672,384.11 TOTALS 685,349.00 I 685.349.00 The above figures do not include sales or use taxes on personal property APPROVED and ACCEPTED PURCHASER(S) / BORROWER(S): E CRO Urian Renewal Agency of the City of Merldlan, Idaho, aka Meridian Development Corporation, TitleOne Corporation an independent pkrblic body c6rpor�ate and politic. , j Z� Craig Slo m Chair= A TEST. \ i AA—1, "7 j ill Lawrence D. Lipschultz Secretary (A076881 l .PFD/A0768811 /48) www. titl eon ecorp. com ESCROW CLOSING INSTRUCTIONS Escrow No. A0768811 Date: 09/28/07 To: TitleOne Corporation Before close of escrow Volo, LLC, an Idaho limited liability company, has or will deposit with you under these instructions the following: (x) Fully -executed warranty deed in favor of buyer herein (x) Escrow closing statement (x) 1099 form (x) Indemnity Affidavit which you are hereby authorized and instructed to deliver, release and/or record when you have for the account of Seller $685,000.00 subject to any charges and/or credit authorized herein; and Urban Renewal Agency of the City of Meridian, Idaho, aka Meridian Development Corporation, an independent public body corporate and politic, has or will deposit with you a cashier's check or other certified funds as required to comply with these instructions, and the following: (x) Escrow closing statement Earnest money in the amount of $10,000.00 has been deposited with TitleOne Corporation by the buyer, which shall be withheld at time of closing. You are hereby authorized and directed to use the funds and documents described above, when you are able to close in accordance with the instructions below: When you are in a position to issue or have issued an ALTA Extended Owner's policy (or policies) of title insurance insuring Buyer (or as otherwise hereinafter provided) in the amount of $685,000.00 on the real property described in Title Commitment No. A0768811, which the undersigned have read and approved, which will show record title vested in: Urban Renewal Agency of the City of Meridian, Idaho, aka Meridian Development Corporation, an independent public body corporate and politic, free and clear of all encumbrances except for the insuring clauses, exceptions, exclusions, provisions and stipulations customarily contained in the printed provisions of such form and exceptions 2, 3, 7, 9-13, as set forth in above referenced Title Commitment dated September 15, 2007. Then you are instructed to disburse deposited funds pursuant to the Escrow Closing Statement(s) examined and approved by the parties hereto and by this reference made a part hereof. Proceeds of this escrow may be disbursed by your check payable to the respective parties, and your checks and documents may be mailed to the addresses set forth herein. Escrow holder has been instructed to prepare certain documents in connection with this transaction which documents have been read and approved by the parties as to form, content and terms AND have been approved for use in this escrow: DOCUMENTS PREPARED BY ESCROW: None 1. You are instructed to prorate as of close of escrow the following: Taxes, Irrigation and it is understood that the prorated charges shown upon the escrow closing statement are prorated as of that date. Assume a per diem basis (based on 365 days per year) in the proration herein provided, and unless parties otherwise instruct you, you are to use the information contained in the last available tax statement, rental statement, or beneficiary's statement delivered into escrow for the prorations provided above. It is understood and agreed that the real property tax proration herein is based on 2007 ESTIMATED taxes in the amount of $4,008.09. The undersigned parties hereby affirm and agree that Escrow Holder, its employees, agents or assigns have not made any warranties as to the accuracy of these tax figures. Further, the undersigned parties agree that should the actual tax, as shown in the tax statement forwarded by the Assessor's office during the year of sale, differ from the figure represented in the closing statement, the parties will make adjustment between themselves, outside of escrow. Escrow Holder shall not be responsible or liable for reimbursements as required thereby. 2. All water and utility charges will be handled by the principals outside of escrow. Escrow holder is not to be concerned with or responsible for transfer of keys and/or physical possession of the property. 3. Unless specifically provided elsewhere in these instructions, the cancellation, transfer or purchase of fire or other casualty insurance shall be handled by the parties outside of this escrow. 4. You are authorized to deduct from seller's proceeds any additional monies due on loan payoffs or other demands as necessary to effectuate title as described above, and seller agrees to reimburse you for any charges incurred by you in connection with obtaining said payoffs or demands. The parties understand that there may be adjustments on interest or unusual recording fees after the signing of these instructions. You are further authorized to deduct same from seller's proceeds and/or deduct from buyer's funds any payments made by you for said recording fees. 5. All money received by you in this escrow is to be deposited in your trust account pending closing. Seller and/or Buyer hereby acknowledge and consent to the deposit of the escrow money in financial institutions with which Escrow Holder has or may have other banking relationships and further consent to the retention by Escrow Holder and/or its affiliates of any and all benefits which may be received from such financial instructions by reason of their maintenance of said trust accounts. Unless otherwise specifically agreed, you may commingle funds received by you in escrow with escrow funds of others and may deposit such funds in a checking account with any federally insured bank. It is understood that you shall be under no obligation to invest funds deposited with you on behalf of any depositor, nor shall you be accountable to the depositor for any earnings or other incidental benefits attributable to the funds which may be received by you while you hold such funds. 6. These instructions are effective for 15 days from the date of closing; and thereafter, without written instructions to continue, you are authorized and instructed to cancel this escrow. I/We, jointly and severally, agree to pay your cancellation fee and all charges in connection therewith. In the event of cancellation of this escrow, all funds, except loan funds, shall be held subject to written cancellation instructions executed by all principals involved. 7. These escrow closing instructions may be executed in counterparts with like effect as if all signatures appeared on a single copy. 8. You are bound solely by the provisions set forth in these escrow instructions and the parties hereto understand that you are not a party to any earnest money receipt and agreement or commission agreement (agreements), executed by the parties herein, and that said agreements (and amendments thereto, if any) is (are) not a part of these escrow closing instructions. You are to be concerned only in the performance of your duties in compliance with these escrow closing instructions. You are to assume no liability for the sufficiency or enforceability of any provisions in said agreements. The undersigned hereby affirm that all of the terms and conditions contained in the earnest money agreement have been met or waived to the complete satisfaction of the parties. 9. You are instructed to furnish to any broker or lender identified with this transaction or anyone acting on behalf of such broker or lender, any information concerning this escrow upon request of said broker or lender. 10. Should any disputes arise between parties interested in property or funds covered by these instructions, you shall have the option to hold all matters. pending in their then existing status or to join in or commence a court action, or to bring an action in interpleader, at your option. Upon your determination to hold this escrow open for determination of the rights of the parties, you will be relieved of all responsibility to proceed until the rights of the patties are settled to your satisfaction. Further, you as escrow holder shall be entitled to continue to so refrain to act until (a) the parties hereto have reached an agreement in their differences and shall have notified the escrow holder in writing of such agreement or (b) the rights of the parties have been duly adjudicated by a Court of competent jurisdiction. It is further agreed that in the event of any suit or claim made against you by either or both parties to this escrow or in the event any suit is instituted by you to resolve your responsibility regarding conflicting claims of both parties to this escrow, that said parties, jointly and severally, shall be required to pay you all expenses, costs and reasonable attorney's fees incurred by you in connection therewith, whether suit is instituted by you or any of the parties hereto, or not. IL In the event of any disagreement between the parties hereto, or demands or claims made upon you by the parties hereto or interested herein or by any other party, you, as escrow holder, shall have the right to employ lega] counsel to advise and/or represent you in any Suit or action brought affecting this escrow or the papers held in connection herewith or to bring an action in interpleader, at your option. The parties hereto shall be jointly and severally liable to you for any and all attorney's fees, costs, and disbursements incurred by you in connection with the employment of counsel in such conflict and, upon demand, the parties shall forthwith pay the same to you, as escrow holder. If you are required to institute suit to collect such sums as are owed to you pursuant to this or any other provision of this instructions, you shall further be entitled to payment by the parties found liable for such unpaid charges of any costs and attorney's fees incurred in the prosecution of such action. 12. If for any reason funds are retained or remain in escrow after closing date, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. ADDITIONAL INSTRUCTIONS DECLARATION OF ESCROW SERVICES: Both Buyer and Seller acknowledge the following by their signatures below: We have been specifically informed that TitleOne Corporation is not licensed to practice law and no legal or accounting advice has been offered by TitleOne Corporation or any of its employees. We have been further informed that TitleOne Corporation is acting only as escrow holder and that it is forbidden by law from offering any advice to any party respecting the merits of this escrow transaction or the nature and content of the documents executed herein, and that it has not done so. We have been requested by escrow holder to seek legal counsel of our own choosing at our own expense, if we have any doubt concerning any aspect of this transaction. We have been afforded adequate time and opportunity to read and understand these escrow instructions and all other documents referred to therein. These escrow closing instructions constitute the entire agreement between the escrow holder and the undersigned parties. Any amendments and/or supplements to these instructions must be made in writing. We further understand that TitleOne Corporation assumes no liability as to any law, ordinance or governmental regulations including, but not limited to, building, zoning and division of land ordinances and assumes no responsibility for determining that the parties to the escrow have complied with the requirements of the Truth in Lending, Consumer Protection Act (Public Law 90-321), or similar laws. THE UNDERSIGNED HAVE READ AND FULLY UNDERSTAND THE FOREGOING ESCROW CLOSING INSTRUCTIONS AND ALSO THE DECLARATION SET FORTH ABOVE AND AGREE TO SAME. Urban Renewal Agency of the City of Meridian, Idaho, aka Meridian Development Corporation, an independent public body corporate and politic. BY: Craig Slocum Chairman ATTEST: Lawrence D. Lipschultz Secretary Volo, LLC/ InOaho limited]{ability company BY:U ( /v /i i '.. `I ( C Michael obes—" Manager 1 Forwarding address (buyer) Forwarding address (seller) Acknowledged by: TitleOne Corporatio cmcfad an THE UNDERSIGNED HAVE READ AND FULLY UNDERSTAND THE FOREGOING ESCROW CLOSING INSTRUCTIONS AND ALSO THE DECLARATION SET FORTH ABOVE AND AGREE TO SAME. Urban Renewal Agency of theFity of Meridian, Idaho, aka Meridian Development Corporation, an independent p�bfic body co�oratdand politic. BY: / Craig Slocu Chainnan/ AT EST: Lawrence D. Lipschultz Secretary Volo, LLC, an Idaho limited liability company 9z Michael Jobes Manager Forwarding address (buyer) -33 E. � } .-c-. /-Ae�;�P:k ., �� i�36y2 Acknowledged by: TitleOne Corporation cmcfaddan Forwarding address (seller) WARRANTY DEED Volo, LLC, an Idaho limited liability company, Grantor, hereby conveys and warrants to the Urban Renewal Agency of the City of Meridian, aka the Meridian Development Corporation, an independent public body corporate and politic, organized under the laws of the state of Idaho, tD whose current address is 33 E. Idaho Ave., Meridian, Idaho 83642, Grantee, the following described real property, to -wit: Parcel 1: Lots 1, 2, 3, 4 and 9 in Block 6 of amended plat of Meridian Townsite, according to the official plat thereof, filed in Book 1 of Plats at Page 30, official records of Ada County, Idaho. Parcel 2: Lot 6 in Block 2 of the Amended Plat of Rowan Addition to Meridian, according to the official plat thereof., filed in Book 2 of Plats at Page 52, official records of Ada County, Idaho. SUBJECT TO any and all existing easements, rights-of-way, reservations, restrictions and encumbrances of record, to any existing tenancies, and to all zoning laws and ordinances. This conveyance shall include any and all appurtenances, tenements, hereditaments, reversions, remainders, easements, rights-of-way and water rights in anywise appertaining to the property herein described. The Grantors covenant to the Grantee that Grantor is the owner in fee simple of said premises; that the premises are free from all encumbrances, excepting those as may be herein set forth, and excepting those of record, and that Grantor will warrant and defend the same from all lawful claims. IN WITNESS WHEREOF, the Grantor has executed this instrument on this 28"' day of September, 2007. WARRANTY DEED - 1 STATE OF IDAHO ss County of Ada Volo, LLC, an .Idaho,limited liability company By: Michael.l�obes Its: Manager On -this 28th day of September, 2007, before me; a Notary Public in and for said State, personally appeared Michael Jobes, known or identified to me to be the Manager of Volo, LLC, who executed the within instrument, and acknowledged to me that he executed the same on behalf of Volo; LLC. 0 qT�� "em• s •• asoma ° a. 't4dyob m .r) o � Ps • • �� Qf✓. WARRANTY DEED - 2 `Notary 1�ublic for Idaho Commission expires: Cameron MCFaddan Residing: Boise, ID Commission Expires: 10/4/2012 4 52 AM ENDEED PLA-' OF -R-OWA:N ADDI T I ON- TO MERI DIAN, 1 DAHO. BEING )m SEC.7,T 3 N., R.1 E., SCALL ?-OOYT TO I I NC2t .R <4 �1 c�Gfy Lr.nl/[/:urnlal.!<w bea.i.prep«re:rf>on<.<.eGus2Ls«/,x:�.<..<nd�i „�Jer�rliy<Cn/u<L. �tapuh�.cc <are. aJL sCi•ee! c2ruL ct[le<fa, ns s/u+en<Jur�? �t/zzs f,Lot S'n`r,«<.eC.z,'.fri�•eyy cSu.6se< eGeuu c<x cC,.swu/ <e�rc�e�rn r• nce. Ucaa 90-`-`cL<:� ufJKnrYh� 1901 'he' .ea.:red%a r.lne.n9uvf qrC C SCe<x....w,...�..1 J2 ss Jf� IYu<Lersh�i w,� u«.r 6y C O to'C(sam/dk�„Drruc<!y. r' N <'°If, cd` 1"J N, PINE AVE. S ao so' . e • o < s. a e, • c s� V 1� )• 1” r�7uy r Iclq rye 8 -IDAHO AVE• m 5 r sl, w yea Y c 5 Y'� s n 9• f . � . 9 , c � ,• y.. x , u N � c .� ,. ,y a. o° BROADWAY AVE. o 11 111111111 111111111 smmml -Mjq�X-Ulft i&MA IDAw GCN TRAM.. R" 0 Q a OIL O C W 10 I� W C u W F V 7 3 0 E - IDIAN�-- PW 100 FORM Date: 9/1/10 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.orgl The following property has been researched by The City of Meridian Public Works Department. Project Name: MDC Building Address: 200 E. Broadway Ave. Zip Code: 53642 Parcels: R5672000830 — R7956000090 117956000095— R7956000105 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 n;: pL,anic WILL BE QFnUIRE^ TO r'' �AP'v °�FL�r'T Tum COD V+ all✓ • sL DEQ V CLE \LI REFLECT HE OD 1 ADDRESS AND SUITE NUMBER (IF APPLICABLE). 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Pox 07 PhWia- 208-939,077 Fax 209-9399-0397 May 30, 2012 City of Meridian Planning Department Attn: Bill Parsons 33 E. Broadway Ave. Meridian, ID 83642 RE: MDC Building (Permit#COMM2011-10) Mr. Parsons, Wright Brothers, The Building Company has completed the landscaping portion of the MDC Building project as per the approved project drawings and modifications. Sincerely, Wright Brothers, The Building Company Bob Goodwin Project Superintendent Web: www.wbtbc.com • Eiiiail:info@wbtbc.com WashingtonTrust Bank 11 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 24531 AMOUNT: $66,861.30 DATE: DECEMBER 2, 2011 City of Meridian 33 E. Broadway Ave. Meridian, ID 83642-2619 Ladies and Gentlemen: We hereby establish our Irrevocable Standby Letter of Credit No. 24531 in your favor for the account of Urban Renewal Agency of the City of Meridian Idaho, up to the aggregate amount of SIXTY SIX THOUSAND EIGHT HUNDRED SIXTY ONE AND 30/100 --------Dollars ($66,861.30) U.S. currency, available by your draft(s) drawn at sight on us and presented to Washington Trust Bank on or before December 2, 2012, covering common area improvements, including irrigation and landscaping work for the Meridian Development Corp. project, and accompanied by the following: 1. A signed statement from the City of Meridian reading exactly as follows: "I, the undersigned duly authorized representative of the City of Meridian, hereby certify that the draft drawn under this Letter of Credit represents the amount of money required to complete the common area improvements, including irrigation and landscaping work for the Meridian Development Corp. project." 2. Original of this Letter of Credit. All drafts presented under the credit must contain the clause 'Drawn under Washington Trust Bank Letter of Credit No. 24531". Any and all banking charges, other than those of the issuing bank, are for the account of the beneficiary. We hereby engage with the drawers and bona fide holders of drafts drawn under and in compliance with the terms of this Letter of Credit that the drafts will be duly honored upon presentation and delivery of documents, as specified, to Washington Trust Bank, Meridian Branch, 3251 E. Presidential Drive, Meridian, ID 83642, on or before December 2, 2012. All drawings under this credit will be governed by the Uniform Customs & Practice for Documentary Credits (2007 Revision) International Chamber of Commerce Publication No. 600. Sine n elGl Vice President Washington Trust Bank Southern Idaho Income. Property 3251 East Presidential Drive Meridian, Idaho 83642,6009 Phone (208) 884.2740 Fax(208)884-2702 w .watrustcom Washington Trust Bank 11 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 24530 AMOUNT: $31,423.96 DATE: DECEMBER 2, 2011 City of Meridian 33 E. Broadway Ave. Meridian, ID 83642-2619 Ladies and Gentlemen: We hereby establish our Irrevocable Standby Letter of Credit No. 24530 in your favor for the account of Urban Renewal Agency of the City of Meridian Idaho, up to the aggregate amount of THIRTY ONE THOUSAND FOUR HUNDRED TWENTY THREE AND 96/100 --------Dollars ($31,423.96) U.S. currency, available by your draft(s) drawn at sight on us and presented to Washington Trust Bank on or before December 2, 2012, covering common area improvements; including on-site parking area work for the Meridian Development Corp. project, and accompanied by the following: 1. A signed statement from the City of Meridian reading exactly as follows: I, the undersigned duly authorized representative of the City of Meridian, hereby certify that the draft drawn under this Letter of Credit represents the amount of money required to complete the common area improvements, including on-site parking area work for the Meridian Development Corp. project" 2. Original of this Letter of Credit. All drafts presented under the credit must contain the clause 'Drawn under Washington Trust Bank Letter of Credit No. 24530". Any and all banking charges, other than those of the issuing bank, are for the account of the beneficiary. We hereby engage with the drawers and bona fide holders of drafts drawn under and in compliance with the terms of this Letter of Credit that the drafts will be duly honored upon presentation and delivery of documents, as specified, to Washington Trust Bank, Meridian Branch, 3251 E. Presidential Drive, Meridian, ID 83642, on or before December 2, 2012. All drawings under this credit will be governed by the Uniform Customs & Practice for Documentary Credits (2007 Revision) International Chamber of Commerce Publication No. 600. SinceTL4y, Gena Russell Vice President Washington Trust Bank Southern Idaho Income Property 3251 East Presidential Drive Meridian, Idaho 83642-6009 Phone (208) 884.2740 Fax (208) 884-2702 w .watrustcom Got questions? call Travis 208.440.0025 or email Travis@GingerichS!te.com Works No. 16456-8-4 Contracting Business No. RCE -14681 Estimate good for 30 days Wright Brothers the Building Co. Eagle, ID 83616 Estimate G I N G E R I C H Site & Underground Date 1/31/2011 Description Total and irrigation proposal for MDC Building per plans dated 11.15.2010 rLandscape da1-5 acknowledged te includes: aterial as Indicated42,847.00 rrigation as proposed Install tree grates provided by others Install self cleaning intake, waterman valve and filter flush flow well Repairs and alteration to existing landscape and sprinkler system at north side of project 5 �� _ � J ` Bio barrier to tree wells Provide and install topsoil for landscape areas and tree wells, All subgrade to be completed by others. r 8,580.00 -b -grade to reflect 12" at turf areas, 18" at planter areas and 32" at trees wells. sub -grades approved by general contractor and landscape architect prior to soil import and placement.- r4 - - --' --""y 40 cy at $19.50 Install 4000 sci ft mission style pavers and install Geo -textile and 12" base utilizing three different aggregates as 46,779.00 specified subgrade pre -pared by others Estimate excludes: Excavation and backfill of pump station boxes Subgrade of paver areas Power supply or electrical work to pump station or irrigation controller Pump box, station or purchase or pump station appurtenances Site furnishings, tree grates or frames --- - - Sleeving 2" schedule 80 mainline, or polymer boxes & services to tree well Maintenance following 'LY substantial completion Permits or testing *Gingerich Site & Underground will take over from 1/2" swing pipe stub Inside of tree well. C9 PA / This estimate & our warranty will become a part of any contract aEfromceptanceY not reaponYb ¢for unma,Yed Cali lly Ilnei. GSV nubs nvrkman'r damantl IbLIftimalerlahIncompllauce WiIA the apMllullonr dieNffed e, prevlomly wrillery N nulvrlala nnleeJmLeas apodMdndm a Prairtgat ural Woo marda & pranlrnv My tleWaolana Lam the oton, dta...led will remll N an extra cha �,. Yowl aM1e dlenL Allapeem¢nb ala ronllay¢nl upon aaWenls rr tlelaVa beya A our control. me Carried 8437 W Creekrun Way Garden City, ID 83714 Ph 208.853.2115 Fx 208.853.4115 C1208,440.0025 nq�r On-Site Parking Area Bond Information Project: MDC Building Address: 700 East 2nd St. N. Permit #: COMM2011-10 Scope of Work Quantity Units Curb & Gutter Prep 180 If $2.50/lf Curb & Gutter Concrete 180 If $15.00/If Pervious Concrete Prep 3629 sf $1.07/sf Pervious Concrete Material & Placement 67.25 cy $203.26/cy Sidewalk Prep 308 sf $2.50/sf Sidewalk Concrete Material & Placement 4.75 cy $157.26/cy Asphalt Prep 2760 sf $1.01/sf Asphalt Material & Placement 2760 sf $1.29/sf Total 31, yZ3. 9 6 ok 12/16/2010 16:1U M'AA 'Gua 'IUD aUUa wwn Aenur MlA LOW'S READY MIX DISPATCH: (208) 795-5990 10340 Hwy 20/26 OFFICE: (208) 795 5983 Caldwell, ID 83605 FAX: (208) 795-5995 TO: COMPANY: FAX: JOB REFERENCE CONCRETE BID PROPOSAL Tim Peppersack WBTBC 939-0397 MDC Building DATE: 12/16/2010 3000 PSI $ 69.00 CY 3500 PSI S 71 00 CY �4000 PSI $ 73.00 CY " C w R IAC lJp LI C ; 1` 00 l` PERVIOUS CONCRETE. $ 119.00 CY HOT WATER SUPERPLASTICIZER NON -CHLOR. ACCEL. $ 3.18 CY $ 5.30 CY $ 3.71 per 15/o per CY All Quoted prices include 6 % Idaho sales tax. Thank you for the opportunity to bid your project. Please contact us if we can be of assistance on this or any future, project. Submitted by: Doug Hunsaker 319-4086 Field Rep/Quality Control - doug@lowsreadymix.com O H O _O Z Z O w z ¢ a O U Q J U a CL oa � a O�1 Y on K. F FO w a a a Estimate: 10-311A MDC - w/o material Entity: Div 03 - Concrete A Date: ,-timer. Archltacl: Plan Into: lWednesday, December 15, 2010 132 PM JQY of Meridian erated 11-15-10 D Type; Compelitin Old - Lump Sum ESOmator. Tlm Peppersack Signature: lJoe Rausch Budget: s0 M a 1131/2011 1:27:50 PM Uquldaled Damages: Project Ours on: Project Size: PmjeclUnit'. Unit Cost $/day 0 weeks 1 LS 580,080.70/LS Note: IF any portion of this bid is not used, we reserve the right to m -bid the remaining items. y y y y y y 0.00% y o,00x $o y ILsj $D y Net Estimate: s88,081 40 Insurance: 0.00% So Bond: None S0 Total Estimate: 698,081 EEE Desired Estimate Value: 1 Of 1 erstad ARCHITECTS 420 main street, suite 202, boise, idaho 83702 • phone 208.331.9031 - fax 208.331.9035 • email: mail@efstodarchitecfs.com October 5, 2010 City of Meridian Planning Department 33 East Broadway Avenue, Suite 210 Meridian, Idaho 83642 Re: Design Review Application MDC Office Building 200 Broadway Avenue Meridian, ID 83642 To Whom It May Concern, Please review the attached information including floor plans, site plans, elevations, material samples, and colored renderings for the new MDC office building project. Together, the various drawings and images explain our design for the future home of Valley Regional Transit and COMPASS. The new two-story office building will be located on the corner of 2nd and Broadway in downtown Meridian and will be pursuing LEED Silver certification. In order to compliment the existing brick building adjacent to and the old lumber yard across the street from the site, the exterior design will take on a "warehouse style". This will incorporate primarily brick and storefront system, with metal used as an accent in both panels and canopies. These seemingly traditional materials will be used in a modern, urban aesthetic on the elevations that will both represent the past and help to usher in the new future of downtown Meridian. The fapades are organized in bays acting as repeating elements that both break up and unite the elevations. While the bays are more vertical, recessed panels in each help to tie the bays together horizontally while adding depth. The central bays on the north and south elevations are recessed to provide relief; similarly, half of the East and West elevations are pushed back. The dividing element in plan is the central East-West hallway, which acts as a public axis through the building on the first floor. The primary public entrances are located at the ends of this East-West hallway, which can be seen on the elevations in the forms of slender bays of storefront and metal panel which bisect the brick facades. These major entrances can be found on 2nd street and the parking lot; a minor public entrance is located on Broadway Avenue. Metal canopies with wood siding on the underside also help to note the entrances. This wood accent continues on the interior of the building, acting as a way -finding feature, leading people through the public spaces of the building. The bays that mark the public entrances are also emphasized by a lower parapet height. The brick bays form a high -low parapet height pattern, further strengthening the rhythm of the facades. The taller portions have more articulated cornices while the shorter ones are simply capped. In the cornices, the brick changes orientation to give another accent to the roofline. On a smaller scale, the building materials are used to reinforce this sense of pattern on the elevations. As mentioned above, the brick changes orientation in the cornice; it also goes from horizontal to vertical in the recessed panels in each bay. The smooth faces of the metal panel accents contrast with the texture of the brick, adding interest to the material palate. These brief interruptions of the regular brick coursing make the facades more playful and appealing to the public. Also contrasting with the heaviness of the brick are the expanses of glazing on each side of the structure. Large windows meet the fifty percent glazing requirement for buildings on any major street or public fagade on the first floor. The largest portions of storefront are appropriately located at the public entrances, those being the only places where the fenestration extends to the ground plane. Each window is further divided with mullions to give them a traditional, yet clean, look. So as not to detract from the other aesthetics of the building, the parapet has been set at 4'-4" above the roof deck to hide any and all mechanical units sitting on top of it. Because the tapered insulation slopes down from the parapet edges, the units are located towards the center of the roof. These factors guarantee that the mechanical units are hidden from view from anywhere on the site. The building was placed on the site to form a visual anchor on the corner of 2nd Street and Broadway Avenue. This location is only one block off of Main Street, the main thoroughfare of downtown Meridian. Historically, this was an important area of commerce and this new building will act as a catalyst to reintroduce life into the area. In the interest of bringing people into the area but not adding stress to the current parking situation, a large, convenient parking lot will be constructed. This will serve both the employees of VRT and COMPASS, as well as the general public. This layout also leaves possibility for a second building to be built in the future to share this parking. The parking lot is accessed from the alley in order to maintain the urban streetscape along Broadway Avenue. No street layout was modified in planning the site. As aforementioned, the building itself can be accessed from the parking lot, 2nd Street and Broadway Avenue. Because the building expands to the lot lines on 2nd Street, Broadway Avenue, and the parking lot, there is very little internal circulation within the site itself. Surrounding the site is a large, tree -lined sidewalk, creating a pleasant atmosphere. For those coming to the building on bicycles, there will be secured bike parking for use by the employees and the general public. In conjunction with requirements for LEED Silver certification, the building will also house two shower/changing rooms for those who commute to work by bike. With all three of these methods of vehicular and pedestrian access, the building is easy to arrive at and navigate through. This site offers a wonderful opportunity and we are excited with the functional and aesthetically pleasing design that was achieved for this prominent location. We look forward to discussing the project further. If you have any questions, please call me. Sincerely, David Ruby, AIA Project Architect erstad ARCHITECTS AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) My,��j��.J OCJE�d,°m�iv; L✓/C�, �y I, Lyw2�,✓ce�.�.tPsctlu-Tz,�'t�g,a��,�, 3� F��u��W/�Y AVt,✓t.� (name) (address) /LI�t OI�� Z�t19Hv (city) (state) being first duty sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: 194rOa rAS7-190 4Z0 U/,Mi91.J s ., Sif- 202 M no 446K,i EciS , 601s f l 15)•r wo f3l02. (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). nn -FI, Dated this z l dayof 2rfie,-) Le ,20 N V - CNet (/;� 4 1 i ture) SUBSCRIBED AND SWORN to before me the day and year first above written. •••••puunp,��. 4N 0 .•�uZapTAR p tr' 'L (Notary Public for Idaho) *_ .0— i /PUwoc' Residing at: / •••'•.,��qT•+...•••�p�My Commission Expires: �a0�+ �_� •.,. P OF :..• e: 33E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 211112010) Meridian Development Services l�lAl�l- Meridian City Hall, Suite 102 4 A y 33 E. Broadway Avenue Meridian, Idaho 83642 Date: 9/1/10 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: Valley Regional Transit (TI) Address: 200 E. Broadway Ave. Suite #: 100 Zip Code: 83642 Note: Occupying the 1s` floor of the MDC Building 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 'tla'vauxanwn d'b9EA8 oyapi CILIUM 1 IS PIE Ise3 II 1 a flMi� �t,a q• I 3 r Q w g5 - F O &3a� N e ova U a d e§v y_� 6 ' nake. w- N nn2 j=e asaatn >S 1 IS PIE Ise3 II 1 a ENE* ue'pippw iJJi33ais aac isv3 i3381S aNZ isv3 9 jig'! jl� 6 WWD I I - . m -M k , T I § I . 3! 12 - a, P, Ii 'in -- 0 n - - I e - I - - , -2 -� H . "ON 0 T 0 ,9 11., pi" Z, M M iN Ce 9 M BE F 2 mdc building 200 e. broadway ave. meridian, Idaho 33642 w kv O O .0 � .0 p o II r - (D CD II 0 � I II I I! I L '� I I I lJ N, �Ipl Q' N I I Fp � I � 11 11 ' J " 11 J} f J J -w- mi mi building n o x a W 3 e 200 a. broadway ave 0 m meridian, idaho 60642 ....�.a.w.m•w ' �'u 1 SCI .I I®A� IryH�Ylei"m I 191 i I I�� i �LI�6CWIy581�IP 111 e II I IIg 'I'j� pIIII�NI IINi� 1'� II Ell 111 171 1991 IN I III 1 IIIIIII 1 II Y u11 r �1 1 I I 1� 1 I I I N I I I I 1� � I I I 1111 I I I I II 111 11 �11' 4111 111 1111 1i111 11111 N 1111 ;I; 111.11 III I 1 11 1 1 I 111 III I I I I I 1 II NII II 11 11 111 1 IIII 11 1 III 1 11 11 I I 111 111 •��`�� 11 1 1 � 1 1 �i�1 1 1� i. 1111 v 1� �; zj. de: 31.. Ir mdc building 200 e. Broadway ave. meridian, ideho 83642 Ii VALLEY RIDE "�. MATERIALS BOARD erstad ARCHITECTS Kawneer Aluminum Storefront Framing "Dark Bronze" color Alcoa Reynobond Metal Panel "Vancouver Copper" color - paint prefinished metal coping, steel header, and metal canopy to match Design October eA# Review 1, 2010 100603 erstad ARCHITECTS 420 main street, suite 202, boise, idaho 83702 • phone 208.331.9031 • fax 208.331.9035 - email: mail@erstadarchitects.com October S, 2010 City of Meridian Planning Department 33 East Broadway Avenue, Suite 210 Meridian, Idaho 83642 Re: Certificate of Zoning Compliance Application MDC Office Building 200 Broadway Avenue Meridian. ID 83642 To Whom It May Concern, Please review the attached information including legal documents, floor plans, site plan and information, elevations, utilities information, and colored renderings for the new MDC office building project. This structure will be erected on the corner of 2"d Street and Broadway Avenue and will be pursuing LEED Silver certification. This site was formerly specified for "The Hub" project. Together, the various drawings, images, and documents explain our design and zoning compliance for the future home of Valley Regional Transit and COMPASS. Valley Regional Transit operates the bus lines in Ada and Canyon counties, branching the transportation gap between Boise, Nampa and Meridian. Currently, they employ 19 people and are looking towards the future in terms of allotting space for new hires. COMPASS (Community Planning Association of Southwest Idaho) aids in the decision- making process regarding transportation needs in the Treasure Valley. As an organization, they seek to boost the economic and environmental qualities of the region. They will occupy the second floor of the building with work stations for 19 employees. These entities will both be categorized under the 'B' occupancy group, as specified by the International Building Code, Section 304. If you have any questions, please call me. Sincerely, ta, AIA Project Architect erstad ARCHITECTS TITLEONE CORPORATION 1101 W. River St. Boise, ID 83702 (208)424-8511 STATEMENT OF SETTLEMENT FOR PURCHASERS PROPERTY ADDRESS: 234 & 242 E. Broadway Ave., Meridian, ID 83642 PURCHASER/BORROWER(S): Urban Renewal Agency of the City of Meridian, Idaho, aka Meridian Development Corporation, an independent public body corporate and politic. SELLER(S): R. Craig Thomson and Kenneth E. Thomson SETTLEMENT DATE: October 18, 2007 DISBURSED: October 18, 2007 PRORATION DATE:October 18, 2007 Contract Sales Price Deposit or earnest m Fees DEBIT CREDIT 9.00 v:fu,luu,uu 430,189.00 The above figures do not include sales or use taxes on personal property APPROVED and ACCEPTED PURCHASER(S) / BORROWER(S): Urban Renewal Agency of the City of Meridian, Idaho, aka Meridian Development Corporation, an independent public body c rporate and politic. // bo? BY: i nl ✓G l — ---- A Secretary Deceived `J0T 1 2010 erstad ARCHITECTS ESCR9A .�' r Tilleorne Corporation (A0768810.PFD/A0768810/1.9) www. titleonecorp,com ESCROW CLOSING INSTRUCTI®NS Escrow No. A0768810 Date; 10/18/07 To: TitleOne Corporation Before close of escrow R. Craig Thomson and Kenneth E. Thomson, has or will deposit with you under these instructions the following: (x) Fully -executed warranty deed in favor of buyer herein (x) Escrow closing statement (x) 1099 form (x) FIRPTA (x) Deed of Trust which you are hereby authorized and instructed to deliver, release and/or record when you have for the account of Seller $429,840.00 subject to any charges and/or credit authorized herein; and Urban Renewal Agencyof the City of Meridian, Idaho, aka Meridian Development Corporation, an independent public body corporate and politic., has or will deposit with you a cashier's check or other certified funds as required to comply with these instructions, and the following: (x) Escrow closing statement Earnest money in the amount of $10,000.00 has been deposited with TitleOne Corporation, by the buyer, which shall be withheld at time of closing. You are hereby authorized and directed to use the funds and documents described above, when you are able to close in accordance with the instructions below: When you are in a position to issue or have issued an ALTA Standard Owner's policy (or policies) of title insurance insuring Buyer (or as otherwise hereinafter provided) in the amount of $429,840.00 on the real property described in Title Commitment No. A0768810, which the undersigned have read and approved, which will show record title vested in: Urban Renewal Agency of the City of Meridian, Idaho, aka Meridian Development Corporation, an independent public body corporate and politic, free and clear of all encumbrances except for the insuring clauses, exceptions, exclusions, provisions and stipulations customarily contained in the printed provisions of such form and exceptions 1-7, 10-13, as set forth in above referenced Title Commitment dated July 25, 2007. Then you are instructed to disburse deposited funds pursuant to the Escrow Closing Statement(s) examined and approved by the parties hereto and by this reference made a part hereof. Proceeds of this escrow may be disbursed by your check payable to the respective parties, and your checks and documents may be mailed to the addresses set forth herein. Escrow holder has been instructed to prepare certain documents in connection with this transaction which documents have been read and approved by the parties as to form, content and: terms AND have been approved for use in this escrow: DOCUMENTS PREPARED BY ESCROW: Warranty Deed 1. You are instructed to prorate as of close of escrow the following: Taxes and it is understood that the prorated charges shown upon the escrow closing statement we prorated as of that date. Assume a per diem basis (based on 365 days per year) in the proration herein provided, and unless parties otherwise instruct you, you are to use the information contained in the last available tax statement, rental statement, or beneficiary's statement delivered into escrow for the prorations provided above. It is understood and agreed that the real property tax proration herein is based on 2007 ESTIMATED taxes in the amount of $1,838.39. The undersigned parties hereby affirm and agree that Escrow Holder, its employees, agents or assigns have not made any warranties as to the accuracy of these tax figures. Further, the undersigned parties agree that should the actual tax, as shown in the tax statement forwarded by the Assessor's office during the year of sale, differ from the figure represented in the closing statement, the parties will make adjustment between themselves, outside of escrow. Escrow Holder shall not be responsible or liable for reimbursements as required thereby. 2. All water and ud lity charges will be handled by the principals outside of escrow. Escrow holder is not to be concerned with or responsible for transfer of keys and/or physical possession of the property. 3. Unless specifically provided elsewhere in these instructions, the cancellation, transfer or purchase of fire or other casualty insurance shall be handled by the parties outside of this escrow. 4, You are authorized to deduct from seller's proceeds any additional monies due on loan payoffs or other demands as necessary to effectuate title as described above, and seller agrees to reimburse you for any charges incurred by you in connection with obtaining said payoffs or demands. The parties understand that there may be adjustments on interest or unusual recording fees after the signing of these instructions. You are further authorized to deduct same from seller's proceeds and/or deduct from buyer's funds any payments made by you for said recording fees, 5. All money received by you in this escrow is to be deposited in your trust account pending closing. Seller and/or Buyer hereby acknowledge and consent to the deposit of the escrow money in financial institutions with which Escrow Holder has or may have other banking relationships and further consent to the retention by Escrow Holder and/or its affiliates of any and all benefits which may be received from such financial instructions by reason of their maintenance of said trust accounts. Unless otherwise specifically agreed, you may commingle funds received by you in escrow with escrow funds of others and may deposit such funds in a checking account with any federally insured bank. It is understood that you shall be under no obligation to invest funds deposited with you on behalf of any depositor, nor shall you be accountable to the depositor for any earnings or other incidental benefits attributable to the funds which may be received by you while you hold such funds. 6. These instructions are effective for 15 days from the date of closing; and thereafter, without written instructions to continue, you are authorized and instructed to cancel this escrow. I/We, jointly and severally, agree to pay your cancellation fee and all charges in connection therewith. In the event of cancellation of this escrow, all funds, except loan funds, shall be held subject to written cancellation instructions executed by all principals involved. 7. These escrow closing instructions may be executed in counterparts with like effect as if all signatures appeared on a single copy. 8. You are bound solely by the provisions set forth in these escrow instructions and the parties hereto understand that you are not a party to any earnest money receipt and agreement or commission agreement (agreements), executed by the parties herein, and that said agreements (and amendments thereto, if any) is (are) not a part of these escrow closing instructions. You are to be concerned only in the performance of your duties in compliance with these escrow closing instructions. You are to assume no liability for the sufficiency or enforceability of any provisions in said agreements, The undersigned hereby affirm that all of the terms and conditions contained in the earnest money agreement have been met or waived to the complete satisfaction of the parties. 9. You are instructed to furnish to any broker or lender identified with this transaction or anyone acting on behalf of such broker or lender, any information concerning this escrow upon request of said broker or lender, 10. Should any disputes arise between parties interested in property or funds covered by these instructions, you shall have the option to hold all matters pending in their then existing status or to joinin or commence a court action, or to bring an action in interpleader, at your option. Upon your determination to hold this escrow open for determination of the rights of the parties, you will be relieved of all responsibility to proceed until the rights of the parties are settled to your satisfaction. Further, you as escrow holder shall be entitled to continue to so refrain to act until (a) the parties hereto have reached an agreement in their differences and shall have notified the escrow holder in writing of such agreement or (b) the rights of the parties have been duly adjudicated by a Court of competent jurisdiction. It is further agreed that in the event of any suit or claim made against you by either or both parties to this escrow or in the event any suit is instituted by you to resolve your responsibility regarding conflicting claims of both parties to this escrow, that said parties, jointly and severally, shall be required to pay you all expenses, coats and reasonable attorney's fees incurred by you in connection therewith, whether suit is instituted by you or any of the parties hereto, or not. 11. In the event of any disagreement between the parties hereto, or demands or claims made upon you by the parties hereto or interested herein or by any other party, you, as escrow holder, shall have the right to employ legal counsel to advise and/or represent you in any Suit or action brought affecting this escrow or the papers held in connection herewith or to bring an action in interpleader, at your option. The parties hereto shall be jointly and severally liable to you for any and all attorney's fees, costs, and disbursements incurred by you in connection with the employment of counsel in such conflict and, upon demand, the parties shall forthwith pay the same to you, as escrow holder, If you are required to institute suit to collect such sums as are owed to you pursuant to this or any other provision of this instructions, you shall further be entitled to payment by the parties found liable for such unpaid charges of any costs and attorney's fees incurred in the prosecution of such action. 12. If for any reason funds are retained or remain in escrow after closing date, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. ADDITIONAL INSTRUCTIONS DECLARATION OF ESCROW SERVICES: Both Buyer and Seller acknowledge the following by their signatures below: We have been specifically informed that TitIcOne Corporation is not licensed to practice law and no legal or accounting advice has been offered by TitleOne Corporation or any of its employees. We have been further informed that Titlo0ne Corporation is acting only as escrow holder and that it is forbidden by law from offering any advice to any party respecting the merits of this escrow transaction or the nature and content of the documents executed herein, and that it has not done so. We have been requested by escrow holder to seek legal counsel of our own choosing at our own expense, if we have any doubt concerning any aspect of this transaction. We have been afforded adequate time and opportunity to read and understand these escrow instructions and all other documents referred to therein. These escrow closing instructions constitute the entire agreement between the escrow holder and the undersigned parties. Any amendments and/or supplements to these instructions must be made in writing. We further understand that TitleOne Corporation assumes no liability as to any law, ordinance or governmental regulations including, but not limited to, building, zoning and division of land ordinances and assumes no responsibility for determining that the parties to the escrow have complied with the requirements of the Truth in Lending, Consumer Protection Act (Public Law 90-321), or similar laws. THE UNDERSIGNED HAVE READ AND FULLY UNDERSTAND THE FOREGOING ESCROW CLOSING INSTRUCTIONS AND ALSO THE DECLARATION SET FORTH ABOVE AND AGREE TO SAME. Urban Renewal Agency of the City of Meridian, Idaho, aka Meridian Development Corporation, an independent p!ulrlic body co'p rate and politic. BY Craig Slocgfri Chairman/ ATTEST 7 Lawrence D. Lipschultz \ Secretary c raig Th ms i Forwarding address (buyer) Forwarding address (seller) Acknowledged by: Title Co crat' cmcfaddan OrderNo.: A0768810 WARRANTY DEED For Value Received, R. Craig Thomson, a married man, and Kenneth E. Thomson, a married man, the Grantor, does hereby grant, bargain sell and convey unto, Urban Renewal Agency of the City of Meridian, Idaho, aka Meridian Development Corporation, an independent public body corporate and politic, organized under the laws of the state of Idaho, whose current address is 33 E. Idaho Ave., Meridian, ID 83642, the Grantee, the following described premises, in Ada County, Idaho, To Wit: Lots 7, 8, 9 and 10 in Block 2 of the Amended Plat of Rowan Addition to, Meridian. according to the official plat thereof, filed in Book 2 of Plats at Page 52, official records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that they are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; and subject to all existing patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility assessments (if any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Whenever the context so requires, the singular number includes the plural. Dated: October 17, 2007 C ilk. �Ti ll- �- � " �� rte.. U�. •:x`ir1—_ Stacie L. Thomson Kenneth E. Thom'm6r, I State of Idaho ss: County of Ada On this !7 day of October, 2007, before me, the undersigned a Notary Public in and for said state personally appeared R. Craig Thomson, known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF I have set my hand and official seal on the date shown above. °6°�••eoee9•eg°!°o° tary Public Cameron McFaddan Commission Expires: Residing' 00iee I® oa° Commission Expires: 10/4/2012 z � � �®p° State Of Idaho 9�°° ®6L• °Op••••°°®• •°vo ss: - °AABBB oAAeHouepe0'�e� County of Ada On this 1 % day of October, 2007, before me, the undersigned a Notary Public in and for said state personally appeared Stacie L. Thomson, known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. IN WITNNEESS WHEREO I have set my hand and official seal on the date shown above. Notary" Publi6 Commission EXpJres: e0 %�•'®••ae••®••�C °O A1i0 Cameron McFaddan Residing: Boise, ID Commission Expires: 10/4/2012 !A o 9� a` State of Idaho ) ss: County of Ada ) On this /X day of October, 2007, before me, the undersigned a Notary Public in and for said state personally appeared Kenneth E. Thomson, known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF I have set my hand and official seal on the date shown above. ��j� ®°naua�aeoeae°°B° Notary Public Commission Expires: Caffle m-sdc-a�an Residing: Boise, 11) �q®��d 2 Commission Expires: 10/4/2012 v'0o State of Idaho ) °°o°° 1DAH0 ss: a�®0p09&BBOB6aT°O County of Ada ) On this /,? day of October, 2007 before me, the undersigned a Notary Public in and for said state personally appeared "�C. Thomson, known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. IN WITNESS.W.' HERE F I have set my hand and official seal on the date shown above. Notary Public ea®oaueeaaeo°°p® Commission Expires: ®°®0°0O'D; 800 Cameron McFaddan Residing: Boise, 10 Commission Expires: 10/4/2092 M TITLEONE CORPORATION 1101 W. River St. Suite 201 Boise, ID 83702 (208)424-8511 STATEMENT OF SETTLEMENT FOR PURCHASERS PROPERTY ADDRESS: 200 E. Broadway Ave., Meridian, ID 83642 PURCHASER/BORROWER(S): Urban Renewal Agency of the City of Meridian, Idaho, aka Meridian Development Corporation, an independent public body corporate and politic. SELLER(S): Volo, LLC, an Idaho limited liability company SETTLEMENT DATE: September 28, 2007 DISBURSED: September 28, 2007 PRORATION DATE: September 28, 2007 DEBIT CREDIT Contract Sales Price Deposit or earnest m seniement or closing Fee TilleOne Corporation 340.00 Recording Fees TIIIeOne Corporation 9.00 Sublotals 685,349.00 12,964.89 Balance Due FROM Purchaser/Borrower i 672,384.11 TOTALS 685.349.00 685.349.00 The above figures do not include sales or use taxes on personal property APPROVED and ACCEPTED PURCHASER(S) / BORROWER(S): E§C�RO� Urban Renewal Agency of the City of Meridian, Idaho, aka Meridian Developme�nt Corporation, TitleOne Corporation an independent p lic body cbrpofale and politic. ,� / M A TEST: RAA/It JA— k lVI Lawrence D. Lipschultz Secretary (A0768811.PFDIA0768811/48) www. t i tl eonecotp, coin ESCROW CLOSING INSTRUCTIONS Escrow No. A0768811 Date: 09/28/07 To: TitleOne Corporation Before close of escrow Volo, LLC, an Idaho limited liability company, has or will deposit with you under these instructions the following: (x) Fully -executed warranty deed in favor of buyer herein (x) Escrow closing statement (x) 1099 form (x) Indemnity Affidavit which you are hereby authorized and instructed to deliver, release and/or record when you have for the account of Seller $685,000.00 subject to any charges and/or credit authorized herein; and Urban Renewal Agency of the City of Meridian, Idaho, aka Meridian Development Corporation, an independent public body corporate and politic, has or will deposit with you a cashier's check or other certified funds as required to comply with these instructions, and the following; (x) Escrow closing statement Earnest money in the amount of $10,000.00 has been deposited with TitleOne Corporation by the buyer, which shall be withheld at time of closing. You are hereby authorized and directed to use the funds and documents described above, when you are able to close in accordance with the instructions below: When you are in a position to issue or have issued an ALTA Extended Owner's policy (or policies) of title insurance insuring Buyer (or as otherwise hereinafter provided) in the amount of $685,000.00 on the real property described in Title Commitment No. A0768811, which the undersigned have read and approved, which will show record title vested in: Urban Renewal Agency of the City of Meridian, Idaho, aka Meridian Development Corporation, an independent public body corporate and politic, free and clear of all encumbrances except for the insuring clauses, exceptions, exclusions, provisions and stipulations customarily contained in the printed provisions of such form and exceptions 2, 3, 7, 9-13, as set forth in above referenced Title Commitment dated September 15, 2007. Then you are instructed to disburse deposited funds pursuant to the Escrow Closing Statement(s) examined and approved by the parties hereto and by this reference made a part hereof Proceeds of this escrow may be disbursed by your check payable to the respective parties, and your checks and documents may be mailed to the addresses set forth herein. Escrow holder has been instructed to prepare certain documents in connection with this transaction which documents have been read and approved by the parties as to form, content and terms AND have been approved for use in this escrow: DOCUMENTS PREPARED BY ESCROW: None I. You are instructed to prorate as of close of escrow the following: Taxes, litigation and it is understood that the prorated charges shown upon the escrow closing statement are In orated as of that date. Assume a per diem basis (based on 365 days per year) in the proration herein provided, and unless parties otherwise instruct you, you are to use the information contained in the last available tax statement, rental statement, or beneficiary's statement delivered into escrow for the proration provided above, It is understood and agreed that the real property tax proration herein is based on 2007 ESTIMATED taxes in the amount of 54,008.09. The undersigned parties hereby affu-m and agree that Escrow Holder, its employees, agents or assigns have not made any wan -antics as to the acco acy of these tax figures. Further, the undersigned parties agree that should the actual tax, as shown in the tax statement forwarded by the Assessor's office during the year of sale, differ from the figure represented in the closing statement, the parties will make adjustment between themselves, outside of escrow. Escrow Holder shall not be responsible or liable for reimbursements as required thereby, 2. All water and utility charges will be handled by the principals outside of escrow. Escrow holder is not to be concerned with or responsible for transfer of keys and/or physical possession of the property. 3. Unless specifically provided elsewhere in these instructions, the cancellation, transfer or purchase of fire or other casualty insurance shall be handled by the parties outside of this escrow. 4. You are authorized to deduct from seller's proceeds any additional monies due on loan payoffs or other demands as necessaryto effectuate title as described above, and seller agrees to reimburse you for any charges incurred by you in connection with obtaining said payoffs or demands. The parties understand that there may be adjustments on interest or unusual recording fees after the signing of these instructions. You are further authorized to deduct same Rom seller's proceeds and/or deduct from buyer's funds any payments made by you for said recording fees. 5. All money received by you in this escrow is to be deposited in your trust account pending closing. Seller and/or Buyer hereby acknowledge and consent to the deposit of the escrow money in financial institutions with which Escrow Holder has or may have other banking relationships and further consent to the retention by Escrow Holder and/or its affiliates of any and all benefits which may be received from such financial instructions by reason of their maintenance of said trust accounts, Unless otherwise specifically agreed, you may commingle funds received by you in escrow with escrow hinds of others and may deposit such funds in a checking account with any federally insured bank. It is understood that you shall be under no obligation to invest funds deposited with you on behalf of any depositor, nor shall you be accountable to the depositor for any earnings or other incidental benefits attributable to the funds which may be received by you while you hold such funds. i. These instructions are effective for 15 days from the date of closing; and thereafter, without written instructions to continue, you are authorized and instructed to cancel this escrow. I/We, jointly and severally, agree to pay your cancellation fee and all charges in connection therewith. In the event of cancellation of this escrow, all hinds, except loan funds, shall be held subject to written cancellation instructions executed by all principals involved. 1. These escrow closing instructions may be executed in counterparts with like effect as if all signatures appeared on a single copy. i. You are bound solely by the provisions set forth in these escrow instructions and the parties hereto understand that you are not a party to any earnest money receipt and agreement or commission agreement (agreements), executed by the parties herein, and that said agreements (and amendments thereto, if any) is (are) not a part of these escrow closing instructions. You are to be concerned only in the performance of your duties in compliance with these escrow closing instructions. You are to assume no liability for the sufficiency or enforceability of any provisions in said agreements. The undersigned hereby affirm that all of the terms and conditions contained in the earnest money agreement have been met or waived to the complete satisfaction of the parties. 9. You are instructed to furnish to any broker or lender identified with this transaction or anyone acting on behalf of Such broker or lender, any information concerning this escrow upon request of said broker or lender. 10. Should any disputes arise between parties interested in property or funds covered by these instructions, you shall have the option to hold all matters.pending in their then existing status or to join in or commence a court action, or to bring an action in interpleader,at your option. Upon your determination to hold this escrow open for determination of the rights of the parties, you will be relieved of all responsibility to proceed until the rights of the parties are settled to your satisfaction. Further, you as escrow holder shall be entitled to continue to so refrain to act until (a) the parties hereto have reached an agreement in their differences and shall have notified the escrow holder in writing of such agreement or (b) the rights of the parties have been duly adjudicated by a Corot of competent jurisdiction. It is further agreed that in the event of any suit or claim made against you by either m both parties to this escrow or in the event any suit is instituted by you to resolve your responsibility regarding conflicting claims of both parties to this escrow, that said parties, jointly and severally, shall be required to pay you all expenses, costs and reasonable attorney's fees incurred by you in connection therewith, whether suit is instituted by you or any of the parties hereto, or not. 11. In the event of any disagreement between the parties hereto, or demands or claims made upon you by the parties hereto or interested herein or by any other party, you, as escrow holder, shall have the right to employ legal counsel to advise and/or represent you in any Suit or action brought affecting this escrow or the papers held in connection herewith or to bring an action in interpleader, at your option. The parties hereto shall bejoiatly and severally liable to you for any and all attorney's fees, costs, and disbursements incurred by you in connection with the employment of counsel in such conflict and, upon demand, the parties shall forthwith pay the same to you, as escrow holder. If you are required to institute suit to collect such sums as are owed to you pursuant to this or any other provision of this instructions, you shall further be entitled to payment by the parties found liable for such unpaid charges of any costs and attorney's fees incurred in the prosecution of such action. 12. If for any reason funds are retained or remain in escrow after closing date, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. ADDITIONAL INSTRUCTIONS DECLARATION OF ESCROW SERVICES Both Buyer and Seller acknowledge the following by their signatures below: We have been specifically informed that TitleOne Corporation is not licensed to practice law and no legal or accounting advice has been offered by TitleOne Corporation or any of its employees. We have been further informed that TitleOne Corporation is acting only as escrow holder and that it is forbidden by law from offering any advice to any party respecting the merits of this escrow transaction or the nature and content of the documents executed herein, and that it has not done so. We have been requested by escrow holder to seek legal counsel of our own choosing at our own expense, it we have any doubt concerning any aspect of this transaction. We have been afforded adequate time and opportunity to read and understand these escrow instructions and all other documents referred to therein. These escrow closing instructions constitute the entire agreement between the escrow holder and the undersigned parties. Any amendments and/or supplements to these instructions must be made in writing. We further understand that TitleOne Corporation assumes no liability as to any law, ordinance or governmental regulations including, but not limited to, building, zoning and division of land ordinances and assumes no responsibility for determining that the parties to the escrow have complied with the requirements of the Truth in Lending, Consumer Protection Act (Public Law 90-]21), or similar laws. THE UNDERSIGNED HAVE READ AND FULLY UNDERSTAND THE FOREGOING ESCROW CLOSING INSTRUCTIONS AND ALSO THE DECLARATION SET FORTH ABOVE AND AGREE TO SAME. Urban Renewal Agency of the City of Meridian, Idaho, aka Meridian Development Corporation, an independent public body corporate and politic. BY Craig Slocum Chairman ATTEST: Lawrence D. Lipschultz Secretary Volo, LLC�an Idaho' limited)jability company IM Manager Forwarding address (buyer) Forwarding address (seller) Acknowledged by: TitleOne Corpora�tior cmcfdd`dan C THE UNDERSIGNED HAVE READ AND FULLY UNDERSTAND THE FOREGOING ESCROW CLOSING INSTRUCTIONS AND ALSO THE DECLARATION SET FORTH ABOVE AND AGREE TO SAME. Urban RenewalAgeney or the City of Meridian, Idaho, aka Meridian Development Corporation, an independent pr�b�'Jic body corporaXand politic. BY: Craig Slocu r Chairman A F EST: / o Lawrence D. Lipschultz Secretary Vote, LLC, an Idaho limited liability company BY: Michael Jobs Manager Forwarding address (buyer) �e�,,P;u� J.D '061(2- Acknowledged 061(2 Acknowledged by: TitleOne Corporation cmcfaddan Forwarding address (seller) WARRANTY DEED Volo, LLC, an Idaho limited liability company, Grantor, hereby conveys and warrants to the Urban Renewal Agency of the City of Meridian, aka the Meridian Development Corporation, an independent public body corporate and politic, organized under the laws of the state of Idaho, whose current address is 33 E. Idaho Ave., Meridian, Idaho 83642, Grantee, the following described real property, to -wit: Parcel l: Lots 1, 2, 3, 4 and 9 in Block 6 of amended plat of Meridian Townsite, according to the official plat thereof, filed in Book 1 of Plats at Page 30, official records of Ada County, Idaho. Parcel 2: Lot 6 in Block 2 of the Amended Plat of Rowan Addition to Meridian, according to the official plat thereof, filed in Book 2 of Plats at Page 52, official records of Ada County, Idaho. SUBJECT TO any and all existing easements, rights-of-way, reservations, restrictions and encumbrances of record, to any existing tenancies, and to all zoning laws and ordinances. This conveyance shall include any and all appurtenances, tenements, hereditaments, reversions, remainders, easements, rights-of-way and water rights in anywise appertaining to the property herein described. The Grantors covenant to the Grantee that Grantor is the owner in fee simple of said premises; that the premises are free from all encumbrances, excepting those as may be herein set forth, and excepting those of record, and that Grantor will warrant and defend the same from all lawful claims. IN WITNESS WHEREOF, the Grantor has executed this instrument on this 28`h day of September, 2007. WARRANTY DEED - 1 Volo, LLC, an Ifllaho\limited liability company By: Michael: Its: Manager STATE OF IDAHO ) ss County of Ada On. this 28h day of September, 2007, before me, a Notary Public in and for said State. personally appeared Michael .lobes, known or identified tome to be the Manager of Volo, LLC, who executed the within instrument, and acknowledged to me that he executed the same on behalf of Volo, LLC. a �� °esgqoTTac��. j� o• a WARRANTY DEED - 2 `�lotary iSublic for Idaho Commission expires: Cameron PMcRaddan Residing: Boise, ID Commission (Expires: 10/4/2092 , i w 5P- AM ENDEED PLAT OF I OWA7N A7�-D I T I ON TO MERI DIAN, I DAHO. BEING Iu Sec.7,T.3N., M.I E, Scnw 2Oo Fr 1. I Ivcry Gy ire uye t4ag,nw.r1, �lo[sw[![iuhn, OeGaI.0/2,/bJS. CCI�,.G�.ti•n�I ✓...,u J"�lo@�vt� N'oL=, y5tirt'_ r,F Co tdtri[.m.1k., �n,.Gy, N �E [o"1jJ R M PINE AVE. i ar s�z y V/ q 8 IDAHO AVE. °m sy3 c9� •�J� c�/w BROADWAY 1 AVE. � V wy .qw n�a .3 RAILROAD m AVE. 0 cq W 1l a s a H --(�EIDIAN�R-- DAHO Date: 9/1/10 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: MDC Building Address: 200 E. Broadway Ave. Zip Code: 83642 Parcels: R5672000830 — R7956000090 R7956000095— R7956000105 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 .r.1 EAD1 REFLECT T4 -IE r-nDDGP'T ADDRESS AND SUITE NUMBER (IF APPLICABLE). Terri Ricks Land Development Services tricks@meridiancity.org