Lee Reed Jewelers CZC 99-027HUB OF TREASURE VALLEY
Mayor
ROBERT D. CORRIE
A Good Place to Live LEGAL DEPARTMENT
(208) 288-2499 • Fax 288-2501
city Cou~~~~ Members CITY OF MERIDIAN PUBLIC WORKS
CHARLES ROUNTREE
GLENN BENTLEY 33 EAST IDAHO
MERIDIAN, IDAHO 83642 BUILDING DEPARTMENT
(208) 887-2211 • Fax 887-1297
RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING
KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT
(208) 884-5533 • Faz 887-1297
CERTIFICATE OF ZONING COMPLIANCE*
Date: July 19, 1999
Owner: ~,ee Read Jewelers BRS Architects - Representative) C (~ti ~q'l r o2~
Address: Lot 14 Block 4 of Central Valley Corporate Park #6 ~ ~• ~~1~'
Proposed Use: Retail
Zoning:
Comments: Project is subject to all easements and notes as recorded on the Final Plat for C.V.C.P.
#6 City's failure to specifically identi ~ requirements in this Certificate of Zoning Compliance does
not relieve owner of responsibility for compliance The northwest flag_portion of the lot (approx.
7 500 s f) to be improved Per Sheet L2 of construction plans (dated 6-7-99, Job #9908) at the time
Lots 12 and 13 are developed A letter of credit or bond for the landscape improvements of this flag
portion must be submitted to the City prior to issuance of a Certificate of Occupancy. The access
drive entryway at Industry Way and the driveway crossing the southern portion of Lots 12-14 must
be improved or bonded for prior to issuance of Certificate of Occupancy A detailed landscape plan
of the entr~vay must be submitted to P&Z Department prior to issuance of Buildin:? Permit. The
Cross-Access/Through-Access Agreement and Access Easement/Cross Parking Agreement entered
into between Nahas and Lee Read (Platinum are recognized as active for this proiect. No portable
suns or temporary signag_e permitted All signa~e requires separate permits and design review by
staff The monument sign at the access drive entrance must be constructed outside of the 12' x 40'
si t triangle A minimum of thirty-ei It (38) three-inch (3" caliper trees are to be provided on the
site the access drive trees may be substituted for the flab lot trees) and served by an undereround
sprinkler system. Landscape Plan not to be altered without prior written approval of the Planning &
Zoning D~artment No field changes to site plan~ermitted• prior written approval of all chan;?es
required. Site plan dated 06/01/99 is approved.
~3~ ~~~- ~`~.~. Fort
Shari Stiles
Planning & Zoning Administrator
*Receipt of a Certificate of Zoning Compliance does not indicate compliance with requirements of other
departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department,
affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, etc. This certificate shall expire
one (1) year from the date of issuance if work has not begun.
JUL-09-1999 09 34
;, ~ ~ ~ .
ARCHIT'~CTS
BRS dreh~tecl, d.ld.
1087 but Rivrr Strw~t Su{t~ i80
Dois~, Idaho 89702
T~lrp~ona (208) 898-4970
las (308) S39-BS80
BRS ARCHITECTS
DATE C1~~, e~
COMPANY
ATTENTION
IF YOU DO NOT RECEIVE FACSIMILE,
PLEASE CALL SENDER AT (208) 336-8370
THANKYOU
SIGNED -L/'.e /
208 336 8360 P.01i05
~ ~ ~~"~~ ~v~v~~ ~ 1 /"1L~ VI ILL_ 1
JOiBf X908
JUL 09 '99 09.37 208 336 8380 PAGE. 01
f OF PAGES TO FOLLOW
JUL-09-1999 09 35
BRS ARCHITECTS
File #
Street
Section ,T . R ,BM
208 336 8380 P.02i05
CROSS-ACCESS AND/OR THROUGH-ACCESS AGREEMENT
This agreement is made and entered into this .1~ day of Julv ,1999, by
R_ T. Nahas Co. of Idaho
Whose address is 102 50 17'" St. Boise, Idaho 83702
hereinafter referred to as Grantors for the purposes hereinafter set forth.
WITNESSETH:
WHEREAS, the Grantors are the fee simple owners of prvpecty more fully described as
follows, to-wit:
LEGAL DESCRIPTION:
Lots 12, 13 and 14, Block 4, Central Valley Corporate Park #6.
WHEREAS, the Grantors pursuant to Meridian City Planning and Zoning Application file
number ,has been granted access tom. ?nc~ust~y way , a
public street, in accordance with the conditions of compliance for development application file
number MSPR 2399 ;and whereas, a joint access easement is required as a
condition of such access by the Ada County Highway District a Body Politic and Corporate of
the State of Idaho (hereinafter °District").
' NOW, THEREFORE, in consideration of the mutual covenants contained herein, and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowlcdgcd, the Grantors hereby agree as follows:
JUL 09 '99 09 37 208 336 8380 PAGE. 02
JUL-09-1999 09 35
BRS ARCHITECTS
208 336 8380 P.03i05
1. The Grantors hereby agree to grant, for the purpose of ingress/egress to Lot 14
aCROSS-ACCESS and/or THROUGH-ACCESS EASEMENT, as depided on the site
plan and described as Exhibit "A°, attached hereto and incorporated herein, to all
abutting properties as shown on the stated Exhibit "A" pursuant to the requirements of
development application file number r~x 2399 ,upon, over and across
the following described parcel of land to-wit:
An easement for the purpose of ingnrss/egress See attached F~rhibit "A"
under and across a strip of land feet wide within the (East, West,
North, South) feet of the hereinabove described real property:
2. This Agreement shall be binding upon the successors, heirs, executors, administrators,
personal representatives, or assigns of the Grantors and upon all persons acquiring an
interest thereunder, and shall be a covenant running with the title to the Grantors land
herein described until terminated as provided herein.
3 The Distrid shall have standing to enforce this Agreement. In the event it shall be
necessary for the District to bring suit to enforce this Agreement, or for damages on
account of any breach of the Agreement, or of any easement, wananty, covenant,
conditions, requirement or obligation contained herein, the prevailing party shall be
entitled to recover from the other, in addition to its damages, all legal costs and
reasonable attorney's fees as fixed by the Cvurt, bath at the trial and the appellate level.
4. The District shall not be liable or responsible for any maintenance or repairs to the
Grantors real property.
5. This Agreement and the provisions contained herein shall be construed, controlled, and
interpreted according to the laws of the State of Idaho, and all duly adopted ordinances,
regulations, and policies of the District now in effect and those hereinafter adopted.
6. The location for settlement of any and alt claims, controversies, or disputes, arising out
of or relating to any part of this Agreement, or any breach hereof, shall be Ada County,
Idaho.
7. The Grantors and the District agree to comply with the laws, rules, regulations and
requirements of all governing authorities having jurisdidion over the real property
described herein.
8. The Grantors shall cause to have this Agreement recorded and made of public record in
the ofFce of the Ada County Recorder, Boise, Idaho
9. The Grantors hereby covenant and agree that this Agreement and the terms mentioned
herein are spec~cally enforceable because monetary damages would be insufficient to
redress the denial of such easement.
10. This Agreement shall run with the land, unless terminated jointly by the parties hereto.
JUL 09 '99 09 37 208 336 8380 PAGE.03
JUL-09-1999 09 35
BRS ARCHITECTS
208 336 8380 P.04i05
1 ~ . The Grantors hereby acknowledge that th®y have freely and voluntarily entered into this
Agiesm®nt and have the benefit or been given the opportunity to receive the advice of
independent legal counsel for aB negotiations in connection wfth this Agreement.
Dated this -~~ 5 f day of
s-~o of Idaho
W. Nahas, President
STATE OF IDAHO, COUNTY OF ADA) SS:
On this ~ da , 1999 befor® me a notary public in and for
said State, personally appeared ,known or identified to me to
be the persons whose names are subscribed to the within instrument and acknowledged to me
that they executed the same.
1N WITNESS WHEREOF, 1 have hereunto set my hand and affixed my offiaal
day andyear in this certificate first above written.
v. ~S~-~"
~' ~ _~ • ~`• Notary Public for the State of Idaho
F~et.~°r' Residing at: Boise, Idaho
~,s;•` ... •:~ My Commission Expires: o
~.
STATE OF IDAHO, COUNTY OF ADA) SS:
On this ~ day 1999, before me a notary public in and for
said Stare, personally appeared ,known or identified to me to
be the persons whose names are subscri to the within instrument and acknowledged to me
that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affaed my official
seal, the day and year in this certificate first above written.
...,.
~~ pNN StFr/~
v?Q.' S • 9'9~
~~~'~.
-~
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JUL 09 '99 09 37
Notary Public for the State of Idaho
Residing at: Boise, Idaho
My Commission Expires: a~ ~ ~ ~
208 336 8380 PAGE. 04
JUL-09-1999 09 35
~, ~ ~
ARCWIT~CTB
9RS drel~iteet, dJ.d.
f087 1.st Rivar Strw~t~ Suito 160
Doia~, ldaho 88702
T~IepHo~ (R08) 336-890
1as (.708) 396-8880
BRS ARCHITECTS 208 336 8380 P.05i05
~ r•~~viivii~c t nr~i~~ivii 11 HL_ 7f'ICC I
DATE 99 J08~ ~OS
COMPANY ~ G - ~ ~
ATTENTION
e~,
~ ~:
6./.5..°.~,
~`J ,~
1F YOU DO NOT RECEIVE FACSIMILE,
PLEASE CALL SENDER AT (208) 336-8370
71-IANKYOU
SIGNED r •
TOTAL P.05
JUL 09 '99 09 38 208 336 8380 PAGE. 05
~~ ~ J/~
f Oi" PAGES TO FOLLOW T
200 E. Carlton
Suite 201
Meridian, ID 83642
Phone: (208) 884-5533
Fax: (208) 887-1297 c~
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To: Cricket Langworthy, BRS From: Brad Hawkins-Clark
Pax: 336-8380 Pagss: 1
Plwna:336-8370 Datee 07/09/99
Re: Lee Read Jewelers CC:
^ Ur+gent ®For Review ^ Please Comment ~ Please Reply ^ Please Recycle
Cricket,
In fellow-up to our phone cornersation earlier today, below are the outstanding issues that need to be
resolved prior to issuance of a Certificate of Zoning Compliance from our department:
~~n~ v1! Please show the entire area and property boundaries of the legal lot, including the flag
~~ ~ f ~ portion, on both the Site Development Plan and Landscape Plan. A second sheet is fine.
?~`~ Lot 14 of the Central Valley Corporate Park ~ plat includes the flag portion and must be
improved at the same time as the primary building pad. Landscaping improvements must
either be installed or bonded for with a Letter of Credit, cash or surety bond in order to
receive temporary occupancy on the building. Permanent oaxapancy is only issued once
all improvements are made as per the accepted plans.
The City would prefer that the 5-foot pathway running adjacent to the south and north
~,~.4~-~` `~"`~~ boundaries of the site be paved, not gravel as the plan currency states. The pathway is
~ - ~~ a-a~ paved to the west of this project (south of Home Depot) and paving it would provide for a
-~ ~ ~- consistent, continuous surface. Paving also provides for improved handicap accessibility.
~.,~~~~~-~ -~ ~ Based on the proposed total asphalt area of 57,347 s.f., the developer must provide a total
of 38, 3-inch caliper trees on the site (one, 3-in. cal. tree per 1,500 s.f. of asphalt). The
landscape plan currently shows ony 29 trees, six of which are 2-in. caliper. The City
allows down to the 2-inch cal. size for ornamental trees but requin~ that the site meet the
total required caliper inches plus 10%. At 38 trees, the site is required to provide 114 cal.
inches. If you choose this aftemative compliance, the new total for required caliper Indies
on site is 125. The flag lot landscaping may make up for this difference, but since I haven't
seen it I wanted to clarify what we're looking for.
The City of Meridian requin~ 90{fegree parking stalls to have dimensions of a minimum
of 9' x 19'. The Site Plan appears to meet the 9~oot width but ony the ivuo rows of stalls
July 9, 1999
adjacent to the west lot line meet the 19-foot depth requirement 5611 meeting the minimum
25-foot drive aisle width, please modify all other parking stalls as well as the note and
resubmit.
The recorded plat for Central Valley Corporate Park #6 does not show an appnyved cross-
access easement on the south side of Lots 12 -14. Please submit a copy of the cross-
access agreement for this drive. Also, does the agreement include the 13-feet of paving
that cxosses the west lot line into Lot 13?
Once you re-submit 3 copies of the revised site and landscape plans and access agreement, P8Z
Dept. will take 1-2 days for review before sending the plans on to Building Dept. Let me know if you
have any questions on these items, Cricket. Thanks.
Brad
• Page 2
Operations Group
Northern California
525 Market Street, 25th Floor
San Francisco, CA 94105
wEZZS FaRC}o saxx
PAGE: 1
DATE: JULY 10, 2001
AMENDMENT TO CREDIT NO.
NPS393724
AMENDMENT NUMBER: 1
APPLICANT:
R. T. NAHAS COMPANY OF IDAHO, INC.
102 SO. 17TH, SUITE #300
BOISE, ID 83702
001-02-004209-5
BENEFICIARY:
CITY OF MERIDIAN
200 E. CARLTON AVE., STE 201
MERIDIAN, ID 83642
THIS AMENDMENT IS TO BE CONSIDERED AS PART OF THE ABOVE CREDIT AND MUST BE
ATTACHED THERETO.
THE ABOVE MENTIONED CREDIT IS AMENDED AS FOLLOWS:
THE DATE OF EXPIRY IS AMENDED T0: MAY 23, 2002.
ALL OTHER TERMS UNCHANGED.
__1p.~ ~_' _$ry_"Q~~ig~T[7A ---
affi l LVGHIVV E
PLEASE CONTACT BENJAMIN GIN BY TELEPHONE AT 415-396-3367 OR BY FAX ~T
(415)284-9453 REGARDING ANY INQUIRIES.
w ~~
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2
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original
JUL 02 '01 15:03 FR CITY OF MERIDIAN
P.01i04
CITY OF ~VIERIDIAN
PLANNING & ZONx1vG DEPARTMENT
LETTER OF TRANSMITTAL
May 30, 2000
To: Will Berg
City Clerk's Office
From: Steve Siddoway
Plaxuaing &Loning
208 884 4259 TO P-AND-Z
~C~~D
MAY 3 0 2000
CI'1'Y OF MERIDIAN
Subject: R. T. Nahas Letter of Credit
Enclosed are the followin
...
.;,.; ..
1 ~ 5/25/00 ~ Letter of Credit
These are transmitted:
^ For your. ^ For action Q For review ~ For your use D As requested
information specified below and commea~t
Remarks:
Here is the anginal letter of credit for the Central Valley Corporate Park landscaping required at
Lee Read Jewelers, as per the Certificate of Zoning Compliance. We have retained a copy for
our files. Please inform us when release of the bond is requested so that we can perform the site
inspections-
Copy to: File Signed: -
200 E. Carlton, Ste. 20I Meridian, Idaho 83642 (208) 884-5533 Fax (208) 887-1297
JUl_ 02 '01 15 04 FR CITY OF MERIDIAN
May 26 00 12:19p R T NRHFIS CO
MAY 26 '00 13=14 FR FS8i9TIi~IDAHp
Nay ~;~ UU ll=J'ta~ R .~...n..r ....
05/19J79ei! 11: 5D 2e837217Z2
•~rWrrsk I.ond:,gdpk drr11 6ard:erl l'+:K~t:l~r'
5728 Yost State Street
eau I :,r, ~ dill-p p:l~o~
(ZON) 8'i3•-4!)00
~~uKCwAxr'F
1 nr•:rrr Nh10 Nil.. (IA nr:AO
i71f) H. !iAi~(i1tA59 YAV
J00 NOt)RfiSS
t,EE ftEAO 9Ul1.OtNG iN 11E'ktOANN
cnnl,uN AREA H~X•r rl- 4AHAt.,
F:U.;,r:. 10 gj7U4
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QC!/ lin: t Frud~•+oc CaJK peacr ipt Iqr+
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4.00 ~q OFnA7>;N OF, I:OR11H
nllplf.~i[H W V+st).Oo
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+.00 t: r1 PRCR'CIN PRR1Rlr. F1RF_ I;RREIAVPII: ZIN It 000.00
7 , 011 Fla tiF;iN~! .00 Sf~R1NG aN04 Cr•ABpPIf 2 .00' N 4qp , 00
Y.oA e.ll PEAC3.0 Ak:t5TOL'kR'r rl,u. C'GAF _t.0u N ng0,ap
:14.00 !'N I:AI';KVYIG CI'tIMFON 1'YGr1Y liNltl:kltRY 7,G N ;I'l.S,d/~
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a,ou Yu Fr>!MCE~RBU BRkr. PrNE nCOruM 6Ul.K N ll~.ou
t oo r:A J11 t.nt,nA ru 1Ns~rnt-~ nnrF:RtAt.s N rooo no
1 .00 fA 1~ xl:+i i; INF GltpDl'NC N 3`:0 00
r~rop Do k~ NYSE HrpROSEt~INC OVER tS00 SO fY N !29.00
l.llo fA JpT Sf•r:~Nrl_f:F SY9'(F.M w 2100 Op
~!;, 00 TD fl{}/fikN GRAVF,I ~ ;1/A" N 620.60
l 00 (: 11 :111 I.AROR fq Iplc•1'All_ Cupu):L N 400.00
i II+p.00 ER ,)111' CnNf.GlrrF, C'lIFB5 N :~B":O • 00
Alt 11'fllf AA[ SL1JFCt f0 AVAIIA`llllY.
rallli ••101 p1. I ~lr~ 1 . GO
TAI(1 IO 5L0.6.'1
11„~nk yua 1'ur ylv)ng F.~+-Maae lew~l:.capr anq Gar.lt;n Cpoierr Lhrx appo.tvr•il:y to
L~rnuillR Inf•orr~rrt ian or-•j a prlrt: qrr ovr rur:•ary ire-ch- Y~ st. sue ca nruuidr
the Finr,t 7•rr-11•ty .srpch, krrp~le,igeabl+l pProannwl, end r;orapeRlelvel 1+e•Ier:, to
Sr.yrarrt ynl.r' +pal:lv,fuctiun, 5h4r~IJ r.r. (•nil 1n ar,y Nay, trlensr_ t~l ua knuu, col
unnt Far'W~il: Ldnrls.capt: to pi; thr b~'rt of ita hlr+d 111 the 6as:~4~ lJ.sllr,y, 11' ua
r;~i: lie 0~` ('Vrthc:r' Help ur t.druiwr., pIN:+~e Newl rrrtrc Cp 41ve •.rs a +:al'i.
ti~ 1 rrr:crr-ly,
I'r.i!, hid i~, uAlt+! rur '10 .laV:` rrum 07!01/yy.
MRY 23 '00 10:39
208 884 4259 TO P-AND-Z P.02i04
208 3366661
206 393 2122 TO 93366691 P.02~02
610 ~UUSf IlT l ON P~# ~
.7u1. W.~ml•~r• 1~i1J[V f+n~e' 1
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~ 3366661 PAGE.iA2
p.2
** TOTAL PAGE, 02 **
JUL 02 '01 15 04 FR CITY OF MERIDIAN
208 884 4259 TO P-AND-Z
First
5etvrrty-
Bank
IRREVOCABLE STANDBY LETTER OF CREDIT NO.: 001-02-0004209-5
Issued in BOISE, IDAHO 83702 on May 25,2000
BENEFICIARY:
City of Meridian
200 E. Carlton Ave., Suite 201
Meridian, ID 83642
APPLICAN'T'
R. T. Nahas Company of Idaho, Inc.
102 So. 17th, Suite #300
Boise, ID 83702
Amount: USD 15,1$2.00
FIFTEEN THOUSAND ONE HUNDRED EIGHTY TWO AND 00/100 USD
Expiry Date: May 23,2001 At Our Counters.
P.03i04
We hereby issue in your favor this documentary credit which is
available by payment of your draft(s) drawn on us at sight
bearing the number of the Letter o£ Credit accompanied by the
following documents:
This original Letter of Credit.
Beneficiary's written statement signed by a person purportedly
authorized by the beneficiary stating that R.T. Nahas Company of
Idaho, Inc. has not completed landscaping, irrigation and pathway
improvements for Lots 12, 13, & 14 Blk 4 of Central valley Corp.
Park #6.
Except so far as otherwise expressly stated, this Letter of
Credit is subject to the Uniform Customs and Practice far
Documentary Credits (1993 Revision), International Chamber of
Commerce publication No. 500.
Partial drawings are permitted.
Multiple drawings are permitted.
We hereby agree to honor each draft drawn under and in compliance
with the terms of this credit, if duly presented (together with
the documents as specified) at our office on or before the expiry
date of this credit.
First Seeurify Rank, N.A. 999 Main Street, 3rd Floor Boise, ldalu~ 83702
1'elep)runc 208-393-5343 FAX 208-393-5316 SWIFT Addrrss; FSBUUS55IDA
A financial seruices company o/First Sec~irity Corporation
JUL 02 '01 15 04 FR CITY OF MERIDIAN
First
Security
Bank®
CONTINUED FROM OUR REF: 001-020004209-S
208 884 4259 TO P-AND-Z
P.04i04
Sincerely,
v
orize Si ature(s)
Contact Name: Timi Freeman
Telephone (208) 393-5341
Fax (208) 393-5316
~~ ~ !'irsi Security Bank, N.A. 999 Main Strcrt, 3rd Flaar Boise, fdako 83702
Trl,rpbona 208-393-5343 FAX dU8-393-5316 SWIF'CAdc~ress: FSBLlUSSSIDA
A financial services company of Pint Security CorEwration
.~.. ~. Tf1T/11 1"1I11^r f] A .~.. ~.
Steve
From: Steve Siddoway [siddowas@ci.meridian.id.us]
Sent: Tuesday, May 30, 2000 3:06 PM
To: 'Will Berg'
Subject: Lee Read Jewelers
Will,
Please release the letter of credit submitted by The Russell Corporation/Key Bank for $19,351.00. All required
improvements at the Lee Read Jewelers site are in place as per the inspection I did today, May 30, 2000.
Please call if you have any questions.
Steve
HP LaserJet 3100 SEND CONFIRMATION REPORT for
Printer/Fax/Copier/Scanner City of Meridian
2088886854
Jun-26-00 11:03AM
Job Start Time Usage Phone Number or ID Type Pages Mode Status
117 6/26 11:03AM 0'27" 208 884 4259 Send .............. 2/ 2 EC144 Completed........................................
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HP LaserJet 3100 SEND CONFIRMATION REPORT for
Printer/Fax/Copier/Scanner City of Meridian
2088886854
Jun-26-00 10:06AM
Job Start Time Usage Phone Number or ID Type Pages Mode Status
114 6/26 10:06AM 0'27" 208 323 9465 Send .............. 2/ 2 EC 96 Completed........................................
Total 0'27" Pages Sent: 2 Pages Printed: 0
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200 E. Carlton Ave., Ste. 201
AAeridian, ID 83642
Phone: (208)884-5533
Fa~c (208)888.8854
C IT Y O F M ERI DI AN
Pl an nin g & Zo ni ng
SI~r ~ ~~ `~ Z' Y
To: ~qy~ 1', ~`I l~P From: Steve Siddovvay
Fa:c 323 ' 9cl /O S Date: rr?' ~2/~ /.,,.
Pho~ _ ~ (inducting cover)
Rer ~ hid ~ CC: '
^ Urgent ^ For ReWew ^ Plesse CorrNnent ^ Please Reply ^ Please Rerycle
•Comments
~~~ !S 1 "~ ~G~~ out Ye. y~„~}t.~ Gf c++e~ 5 /30 0~
CERTIFICATE OF ZONING COMPLIANCE
& PLAN REVIEW CHECKLIST
City of Meridian
Planning & Zoning Dept.
Project: ;~~-`~;~~ ~~~~ Review Date: ~ /~-/~
Contact: Zone : e
~opies of site plan submitted
~iEalculations table, including asphalt area, parking, landscaping, and building s.f.
~opy of ACRD approval letter (if applicable*) - G. Inselman/J. Lowe
Site Review/Conforming
Elements Comments O.K.
~
1. Zoning District (permitted
use, CUP, AUP, vaziance, etc.
'~~~ ,~
2. Flood lain District
3. Landscaping
a) # of Trees (1, 3" cal. per
1,500 s.f. of as halt ~ ~ S~. 3 ~
~ t - k - ~~~`~ ~°~`'
b Plant S ecies Listed
c Re wired Stri s/Screens /
3. Off-Street Parkin
etc) # of Stalls (dimensions, IOK sF(~ - so -~~-- ~~.~~1
b) Handicap Stalls (van
accessible, aisles, si ns) ~
~/
c Aisles - `
4. Trash Areas
a Location
b 3-Side Screenin
5. Underground Irrigation**
6. Sidewalks/Paths t/
7. Roadways (R-O-W
dedications, etc
8. Lot Requirements
.~
a) Lot Area
b) Street Frontage ,~ ~ C_ ~/
c) Set-backs ~ , ~
d) Coverage ,/
* ACHD approval letter required for curb cuts, road widening, arty new projects.
-• ~~--
i
3 ~-"
'~ _ _
~~, Q. ~
~ ~ ~ ~= ~
7
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~~
3~~ . - ,
F ~ . _ ~%~~ x~~_ .
** Pressurized irrigation can be waived only if no water rights exist to subject property or developer deeds to City land for a
well.
** City permits a 1-time hook-up to municipal water for irrigation per site.
** Trees must not be planted in sewer easements.
C:\P&Zadmin\Forms\CZC Checklist
~-
200 E. Carlton
Suite 201
Meridian, ID 83642
Phone: (208) 884-5533
Fax: (208) 887-1297
FaX
To: Cricket Langworthy, BRS From: Brad Hawkins-Clark
Fax• 336-8380 Pages: ~
Phase: 336-8370
fDatee 07/19/99
Re: CZC for Lee Read Jewelers CC:
D Urgent ®For Review ^ Please Corntnsnt ^ Please Reply ^ Please Recycle
Cricket,
Here's the Cert~cate of Zoning Compliance for the Lee Read project. Two items to pant out:
^ Note the City's requirement that the flag lot landscaping be bonded for before a C.O. can
be issued. We understand it will not be installed at the time of Lee Read constnidion•
^ We need to receive a copy of the landscape plan for the access drive entryway area
before a Building Permit can be issued. This was not inGuded with the original sheets
from The Land Group.
Brad
~~
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w,.
y
a :=~( -.
~~
ARCHITECTS
1087 West River Street Suite 160
Boise, ID 83702
(208)336-8370
FAX 336-8380
To: City of Meridian
Planning and Zoning
WE ARE SENDING YOU
^ Shop drawings
^ Copy of letter
LETTER OF TRANSMITTAL
Date: Job No.
Jul 16, 1999 9908
Attention:
Brad Hawkins-Clark
Re:
Lee Read Jewelers
^ Attached ^ Under separate cover via deliver the following items:
^ Prints ^ Plans ^ Samples ^ Specifications
^ Change order ^
Co ies Date No. Descri tion
3 bluelines Sheet L-2 Fla lot landsca in Ian
These are transmitted as checked below:
^ For approval ^ Approved as submitted ^ Resubmit
X For your use ^ Approved as noted ^ Submit
X As requested ^ Returned for corrections ^ Return
^ For review and comment
^ FOR BIDS DUE
REMARKS:
copies for approval
copies for distribution
corrected prints
19 ^ PRINTS RETURNED AFTER LOAN TO US
COPY TO: SIGNED: C Langworthy
Original File
~~
ARCHITECTS
1087 West River Street Suite 160
Boise, ID 83702
(208)336-8370
FAX 336-8380
To: City of Meridian
Planning and Zoning
WE ARE SENDING YOU
^ Shop drawings
^ Copy of letter
LETTER OF TRANSMITTAL
Date: Job No.
JULY 2, 1999 9908
Attention:
STEVE
Re:
LEE READ JEWELERS
^ Attached ^ Under separate cover via deliver the following items:
^ Prints ^ Plans ^ Samples ^ Specifications
^ Change order ^
Co ies Date No. Descri tion
4 Architectural Site and Landsca in lans
1 ACHD com liance letter
These are transmitted as checked below:
X For approval ^ Approved as submitted
^ For your use ^ Approved as noted
X As requested ^ Returned for corrections
X For review and comment ^
^ FOR BIDS DUE 19
REMARKS:
^ Resubmit copies for approval
^ Submit copies for distribution
^ Return corrected prints
^ PRINTS RETURNED AFTER LOAN TO US
COPY TO: SIGNED: Cricket Langworthy
Original File
'~ - ''~-
ARCHITECTS
1087 West River Street Suite 160
Boise, ID 83702
(208)336-8370
FAX 336-8380
To: City of Meridian
Planning and Zoning
WE ARE SENDING YOU
^ Shop drawings
^ Copy of letter
Date: Job No.
Jul 14, 1999 9908
Attention:
Brad
Re:
Lee Read Jewelers
LETTER OF TRANSMITTAL
^ Attached ^ Under separate cover via deliver the following items:
^ Prints ^ Plans
^ Change order ^
^ Samples ^ Specifications
Co ies Date No. Descri tion
3 Revised Sheet SD-2
These are transmitted as checked below:
X For approval ^ Approved as submitted ^ Resubmit copies for approval
^ For your use ^ Approved as noted ^ Submit copies for distribution
X As requested ^ Returned for corrections ^ Return corrected prints
^ For review and comment ^
^ FOR BIDS DUE 19 ^ PRINTS RETURNED AFTER LOAN TO US
REMARKS: It is my understanding that any further issues are being negotiated with the owners of
_ CVCP and that this fulfills my requirements for our Zoning Certificate. If there is anything further
needed, please do not hesitate to let me know. Thanks,
COPY TO: SIGNED: Cricket Langworthy
Original File
r 200 E. Carlton, Suite 201
Meridian, ID 83642
Phone: 208.884.5533
Fax: 208.887.1297
FaX
To: Jerry Timmons, Russell Corp. From:
Fax: 375-9247 Date:
Phone: 440-8142 Pages
Re: Lee Read Jewelers CC:
^ Urgent For Review D Please Comment
Steve Siddoway ~'S~U~fJ"-
May 4, 2000
~~~
file
^ Please Reply D Please Recycle
•Comments:
I conducted a site inspection for final occupancy at Lee Read Jewelers on May 4, 2000. The following
items must be completed before occupancy will be issued:
1. Two Scotch Pine are missing on the entry berm.
2. One Deborah Maple is missing on the northern parking island.
3. Regrade and clean up the existing gravel pathway along the south property line. It was tore up
during installation of the entry landscape area, parking, etc. and is uneven and has exposed
cobble-sized rock on the surface of the path.
4. Submit a bid for the required landscape improvements along the flag portion of the lot. As per the
Certificate of Zoning Compliance,
"the northwest flat portion of the lot is to be improved per Sheet L2 of the construction
plans (dated 6-7-99) at the time Lots 12 and 13 are developed. A letter of credit must
be submitted to the City prior to the issuance of a Certificate of Occupancy."
As per the plan, required improvements include:
• 15 trees (species and sizes shown on plan) and shrubs
• 5' wide gravel path
• Ceeping Red Fescue
Once the bid is received, I will apply the 110% factor to calculate the required surety
amount and have the City Clerk release the difference from the letter of credit we are
currently holding.
I
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,UG 10 1999 `~/
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aiotAt~t PLANNING ~
& ZOfWN(s DEPT.
C~ICRETE CURB
~ RE: DETAIL ,~
NETA>=1r~1 DRIP rualNG Ar rNE '"~
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PLANTER FOR ENTIRE LENGTH. / 32 ~ .,-
l2)LINES, ONE EACH SIDE ~ _! GM
ROOTBALLS. RE: DETAII ~ , ~ 5 f
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CHP
5
PS
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NWAY 4 ~ PP
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~. GRA~IEL WALK -~~~ ~ ~ ~ ` " ~.
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ORS `~'' v, .,, w ,~, w
4ND POP-UP SPRAY NEADS IN w w W 2" PVC SLEEVE FOR FUTI
'NIS LARGE LAWN AREA. -__.-_______~_ ~ '` '`~ `'' SPRINKLER LINES w
-` ~ PROXIMATE LOCATION OF WA
~~ - PiRRS fPRESS~~
SPRINKLER SYSTEM AUTOMATI IRRIGATION SYSTEM).
CONTROLLER LOCATION. PEDESTAL
MOUNT ON CONCRETE SLAB.
COORDINATE NEEDED ELECTRICAL
TO THIS LOCATION. , .
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• NEW 5'wd GRA VET PATH
"~ 3/4'" crushed ®4" depfh.
~•~ ~ ~ Conc. Mowstrlp on both sides.
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1. .,:. .
24)-CB .. ± . j ..
PA ~ Approximate Loc<
-1 ~ .!-(f4)-FC 4 Pressurized /n
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• ' . ~ LOCA T/ON
City Woter_
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Provide new
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CREEPING RED' ~
-----(9)-LS
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(~ THE RUSSELL CORPORATION
Construction Management
General Construction
January 5, 2000
City of Meridian
Department of Planning and Zoning
200 E. Carlton
Meridian, Idaho 83642
Re: Lee Read Jewelers Construction Project Permit #24358
110 S. Industry Way, Meridian, Idaho 83642
600 N. Steelhead Way
Suite 164
Boise, Idaho 83704
Ph. (208)323-0777
Fax (208)323-9465
E mail russcorp~micron.net
The Russell Corporation will be submitting for Temporary Occupancy on this project
January 12, 2000!
The work that is not complete as per approved plans and specs is a portion of the
landscaping and the parking lot striping. Winter weather conditions have made it
impossible to complete this work.
Please find the attached bid sum from American Paving Co. for the parking lot
striping and a copy of landscape and irrigation bid from Farwest Landscape. Also,
attached Farwest Landscape billing for work in place.
Incomplete Work
American Paving Co. (striping) $ 1,160.00
Farwest Landscape (landscaping) 16,432.00
Work to be completed total: $17,592.00
Amount enclosed 110% of total: ~ 19,351.00
Key Bank Letter of Credit
The Russell Co oration
Stan J es, Project Manager
Oregon License 82939 Idaho License 6147-AAA-3 Nevada License 24083 California License 461144 Washington license RUSSEC•166MA
PHONE (208) 888-7988 P.O. BOX 395
PROPOSAL SUBMITTED TO:
RUSSELL CORPORATION
ATTN: MARY
600 N. STEELHEAD WAY, SUITE 164
BOISE. ID 83704
PAGE ONE OF TWO
MERIDIAN, IDAHO 83680 FAX (208) 888-5020
323-0777 DATE:
PHONE: 323-9465 (F) 6/221`
JOB NAME 8 LOCATION: F~ E C E I V~ D
LEE REED JEWELERS J U N ~ ~ 1999
SOUTH INDUSTRIAL WAY
MERIDIAN, IDAHO ~~ RIJSSEl,L CORP.
~VIL DRAWINGS BY PINNACLE ENGINEERS DATED
MAY 28, 1999.
We hereby submit apecificationa and estimates foc: . --
~--_ p~d
I • 1 R I IN An
STRIP SITE A "-BfEP,~EXCI~CC7~TE6~GCAfiE AULED OFF SITE. FILL BUILDING PAD TO DESIGN
SUBGRADE PIT RUN PLACED, GRADED AND COMPACTED. BASE FOR BUILDING 6" OF'ti" ROAD MIX & 2"
SAND PLACED, GRADED AND COMPACTED. NOTE BASE AND FILL FOR BUILDING TO BE PLACED PRIOR_IQ
Fxc'AVATION FOR FOUNDATION OR UTILITIES. IXCAVATE AND BACKFILL FOR BUILDING FOUNDATION.
EXCAVATE PARKING LOT TO DESIGNED SUBGRADE. EXCAVATED MATERIAL HAULED OFF SITE. EXISTING
MATERIAL PLACED, GRADED AND COMPACTED. BASE FOR CONCRETE'ti" ROAD MIX PLACED, GR $26D25 0~0
A RBA I R YO .............................
COMPACTE ~-_.
1. OPTION EXCAVATE AND BACKFILL BUILDIN I N, TO BE DONE BY OTHERS.
STORM DRAIN SYSTE b STALL 1,000-GALLON SAND & GREASE TRAPS FOUR EACH. SEEPAGE BED TWO EACH,
OCK VRAPPED IN FILTER FABRIC. C-33 SAND. PIPE b" ADS. APPROX. 640 LF. INSTA~2i~5AO
AS PER P S. ...................................................................................
............ ............................................
ASP VING SPHALT MAT. ASPHALT BASE 4" OF ',4" ROAD MIX, ASPHALT SUBBASE 10~~P185 ~
CED, GRAD AND COMPACTED. APPROX. 34,200 SF ....................................................................
___..._
........ .................................$515.00
ON: INSTALL HERBICIDE TO ASPHALT BASE, APPROX. 34,20 •••••••••• •••
STRIPING PPROX. 1,800 LF. HANDICAP PRINTS FOUR EACH. HANDICAP SIGN OUR EACH . ..............$1,160.00
................................:.. X525.00
NSTALL CONCRETE COLLAR OR WATER VALV •••••
1;,~.~"'
ITEM N .: 2 ACC DRIV O LEE R E PROPERTY LINE. VATED MATERIAL HAULED
REMOVE EXIS
OFF SITE. EXCAVATE AND FILL PARKING LOT TO DESIGNED SUBGRADE. EXCAVATED MATERIAL HAULED OFF
SITE. FILL EXISTING MATERIAL PLACED, GRADED AND COMPACTED. BASE FOR CONCRETE 'ti" RO~AI~AIXO
PLACED, GRADED AND COMPACTED. NOTE• ALL CONCRETE BY OTHERS ..............................................
This estimate is for completing the job as described above. It is based on our evaluation and does not include material price increases or additional
labor and materials which may be required should unforeseen problems or adverse weather conditions arise after the work has started.
We hereby propose to fumish labor and materials -complete in accordance with th; ~~ payment to be made as follows:
dollars (S
AS SPECIFIED
PAYMENT DUE WITHIN 15 DAYS OF INVOICE DATE. A CHARGE OF 1.596 WILL BE ASSESSED TO ALL PAST DUE ACCOUNTS.
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or
deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above
the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Our workers are fully covered by Workmen's Com-
pensation insurance and construction liability. NOTE: This proposal may be withdrawn by us if not acceptedin thirty days:
Lee Reed-R~sselt Corp
Authorized Signature
Acceptance of Proposal: The above prices, specifications and conditions are satisfactory and are
accepted. You are authorized to do the work as specified. Payment will be made as outlined above.
hereby
~~eut~ited.• Date: Signature
FarWest Landscape and Garden Center
5728 West State Street
Boise, Idaho 83703
(208) 853-4000
PURCHASER
LARRY AND NELDA READ
3718 N. SAWGRASS WAY
BOISE, ID 83704
Phone: 323-9663
PROPOSAL ~~~IMU Vt
Job NumkJer : 1 3921 5 Page : 1
Estimate Date: 6j12/99
Deaigner: OF
JOB ADDRESS
LEE READ MERIDIAN
Phone:
Qty Unit Product Code Description
---------------------------
- Ins
-------
38.00 ----
XD --------------
PIMEBABU -
BARK PINE MEDIUM BULK N
1.00 HR LSLABOR LABOR TO INTALL BARK N
7500.00 EA HYSE HYDROSEEDING CREEPING FESCUE N
34.00 YD GR3/4IN GRAVEL - 3/4" N
1.00 HR LSt,ABOR LABOR TO INSTALL GRAVEL N
865.00 EA JAT CONCRETE CtIRBS N
1.00 EA FIGR FINE GRADING N
400.OQ EA JAT SPRINKE.ER-SLEEVES N
1.00 EA JAT LABOR TO INSTALL SLEEVES N
1.00 EA JA TRENCHER RENTAL FOR SLEEVES N
1.00 EA JAT SPRINKLER SYSTEM N
4. UO EA JAT A1~MSTRONG MAPLES 3_T.N N
6,00 EA JAT REDSPIRE FEARS 3IN N
2.U0 EA SW3,0 SWEETGUM TREE 3.OU N
3.00 F_A FRCR2IN PRAIRIE FIRE CRABAPPLE 2IN N
3,00 EA SPSN2.U0 SPRING SNOW CRABAPLE 2.00" N
3.00 EA AL-PI7F At-STRIAN YINF 6/7FT ~ N
90.00 EA BLFEIG BLUE FESCUE GRASS 1G N
**k*~** CONTINUED ON PAGE 2 *******
+~1 ~a ~~~~ r~~: 4y _e~t~_.«1 . ~[ f:-iK6trt51 -- - - -. 1-~i!;l~t ~~
~~~1~~' 5728 West State St.
. - ~ 14 Boise, Idaho 83703 The below order is accepted and approved as sta
' :Ld~C~~e (208) 853-4000 SIGNAT
UAE DN
and Gorden Center
_-- X
S I N V O I C E# 15 2 5 91 SHIP TO
O
~ THE RUSSELL CORPORATION
0 600 N. STEELHEAD WAY
T SUITE 164
~ $OISE,ID 83704
~ 1.00 F'IGR
N •,400,00 -JAT
N 1,00 JAT
N 1.00 JA .
N 1.00 JAT
N .6.00 .JAT
N 4.00 JAT
N I :1.00 JA
N ~ 250.00 KYGACA
N ~ 1 , 00 JA
N I 1.00 JA
1ST BILLING ON-LEE READ PROJ•.
FROM 7--1-99 TO 1-4-2000
* * * JOB # 152591 * * .*
FINE GRADING
SPRINKLER SLEEVES .
LABOR TO INSTALL SLEEVES
TRENCHER RENTAL FOR SLEEVES
SPRINKLER SYSTEM
REDSPIRE PEARS
CHANTICLEER PEARS
IHPORT SOIL AND ROUGH GRADE
GARDEN WALL - COLOR
LABOR TO INSTALL WALL
LABOR TO INSTALL PLANTS
Pa ment to be made a~ follows:.
Special In; tructlons - Home
.~.
Work
ar J0.TNl~' ; F_gV('.E. ~HAR(•lt GF `~ e-._ W~~~ Sl:: ASSE»ED ON Fv~S7 flit APAOVNT ;' 7til:gl YEAFi~, f RATE OF
0~ sn
'ti
$U8 TOTAI
Sales Tax:
Planting Fee: 3 7 2. 0 0
t)elivery Fee: ~.
TOTAL
.10042.00
~~H~.4.t-ct..~`i-o ~JFt-T-~_
KeyBank , _ ,_ .
,. , ....
., ,
IiEYBANK NATIONAL ASSOCIATION
1 ;StTE DA`.CE : JANUARY 7 , 2000
IRI".EVOCABLE STANDBY LETTER OF CREDIT NUMBER WSL092026
BENEFICIARY
ArPI,ICANT CITY OF MERIDIAN
TI3I+a RUSSELL CORPORATION DEPARTMENT OF FLRNNING AND ZONING
GUq N STEELHEAD WAY, STE 164 200 E. CARLTON
BOISE, ID 83704 MERIDIAN, ID 83642.
AMOUNT: EXPIRATION: MAY 6, 2000
tr:;D19,351.00 AT THE COUNTERS OF KEYBANK
Nineteen Thousand Three Hundred NATIONAL ASSOCIATION, INTERNATIONAL
DIVISION, MS: WA 31-10-5260
F':ift.y One Dollars Only 700 FIFTH AVENUE, 52ND FLOOR
SEATTLE, WASHINGTON 98104
e''hereby issue our Irrevocable Standby Letter of C1fditOnemDollars00n10y).
W
ft°~r U5D19,351.00 (Ninet.een ThousanmeTtlUf draft(s)Fdrawn at sight on KeyBank
Credit is available with us by p Y
National Assor.iati~n, bearing this letter of credit number and ar.companied
by'the documents detailed herein:
1,'Beneficiary's statement purportedeYRussell Corporatilonrhascifaidledldoal of
'City of Meridian stating that Th
ramplE~te a portion of cse ertainiPgngoataepLee~ReadoJewelePsnConstruction
'approved plans and spe p
Project located at. 11U s. Industry Way, Meridian, Idaho 83642, Permit
N~.tnlbar~ 24359. ~~
3 7... ~ ThEa c~:~ i.ginal cif t.h:is Letter of Credit and any subsequent amendments.
.martial drawings are permitted.
A'i1 banking charges othE~r than those of KeyBank National Association are
fox account of the beneficiary.
~~ hE~reby engage with the draweratotheraame shall bedduly honored onldues
e~i!th the terms of this Credit th
I/~-esE~ntatian and delivery of documents as specified to Sind Flo rtional
As'isociation, International Division, 700 Fifth Avenue,
rte,',; WA-31-•10-•5260, 5eattlc:, Wa:hingtan 98104 on or before the expiration datE=.
T11is credit is subject to the Unifo~~lCChamberaof Commerce PtIblDcatiantNoy 500.
Credits (1993 Revision), Internatia
Please direct any inquiries with regard to this Letter70Q FifthtAvenue,
~;, ~yF~G~nk National A::soriation, International Division, (206) 684_6458 .
SZnd Floor, MS: WA-31-10-5260, Seattle, Wall Ilgt0I1 98104,
_ ~~//mot r~ Authorized Signature
Authorized signature _ _ _, ,
,, .
,. .
'. _... ~,_... ACKGROUND FORM NO. 92-7188X REV. it/~.
MEMBEYt FDIC THE FACE OF THIS DOCUMENT HAS A GRAY PANTOGRAPH B
Qty Unit Product Code
90.00 EA BACRPY2G
31,00 EA SPLIIG
37,00 EA UA1G
1 ~ . 00 EA F~,CARO
9.OU EA YETWDOSG
1.00 EA JA
6.00 EA JAT
1.00 EA JA
40.00 EA DEWIVJEBA3FT
1.00 EA JA
250.00 EA KYGACA
1.00 EA 3A,
~ - f1'"Of
f~~,..~
Description Ins
CRIMSON PYGMY BARBERRY 2G IJ
LIMEMfOUND SPIRAEA 1G N
DAYLILY 1G (A PRICING] N
FLOWER CARPET ROSE 7IN POT` N
YELLOW TWIG DOGW9OU 5G N
LABOR TO INSTALL PLANTS N
CHANTICLEER PEAR 3IN N
v
IMPORT SOIL AND ROUGH GRADE N ~4d
WEED BARRIER DEWITT 3~'T/LF N
LABOR FOR WEED FABRTC' N
GARDEN WALL - COLOR N
LABOR TO INS'~ALL WALL N
/Yl ~e. 5 ~/`G/S
uE FiiilyiSE her°by tq furnish rrrateriai andfor labor -- comptete in accar~arice with above s~eciticationa, tur the sure of~
TWENTY-SIX THOU.$AND THREE FiUiVDRED SEVEDP'~~' ~' ,~ ~'~Of100 dollars (~ ~"'-?~)
INCLUDES NEW CURB AND GRAVEL. OIEI NORTIi SIDE E3~P BSt.tII.~2NG 1
INCLUDES IMPORTING SOIL-AND. ROUGH GRADING ~(~~
l'
INCLUDES GRAVEL AND GRADING ON WALKING PATH ON SOUTH SIDE OF FART€ING LOT
INCLUDES 50 FT }f 18" WALL qN WALKING PATH ON SOUTH SIDE OF pP,RKIIVG LOT
UEDUCT FOR DRIP LINE AROUND BUILDING
DEDUCT FOR REMOVAL OF 19 SHRUBS
INCLUDES AUDITION OF 2 TREES AND 8 SHRUBS
UEDUCT FOR LESS BARK MULCH NEEDED
CITY OF MERIDIAN
PLANNING & ZONING DEPARTMENT __
LETTER OF TRANSMITTAL
January 11, 2000
To: Will Berg
Clerk's Office
From: Steve Siddoway
P&Z
Subject: Construction Bond
Enclosed are the followin
COPIES DATE DESCI~IPTYON
1 1/11/00 Lee Read Jewelers - $19,351.00 Letter of Credit
These are transmitted:
^ For your ^ For action ^ For review -~ For your use ^ As requested
information specified below and comment
Remarks:
Will,
Attached is a Letter of Credit and bids for the Lee Read Jewelers building at 110 S. Industry Way
for the incomplete improvements of parking lot striping and landscaping. The improvements will
be completed by May 6, 2000.
Copy to: File Signed: `-- /
200 E. Carlton, Ste. 201 Meridian, Idaho 83642 (208) 884-5533 Fax (208)
07/02/99 09:13 $208 345 7650 ACRD f~j002/004
.~tda (,ount
aUi~ trio
Sherry R. Huber, President ~~rs tasi oi~n ~~rec~
Judy Peavey-Derr, Vice President Garden City, Idaho 83714-6499
Marlyss Meyer Routson, Secretary Phone (208) 387-6100
Oave Givens, Commissioner Fax (208) 387-6391
Susan S. Eastlake, Commissioner a-mail: tellus@achd.ada.id.us
July ?, 1999
BRS Architects
Attn: Cricket Langworthy
1087 W. River Street, Suite 1G0
Boise, Idaho 83702
RE: MSPR-23-99//S. Industry Way />l,ee Read Jewelers Office, Showroom
PLANS ACCEPTANCE
The District has reviewed the plans for the above referenced project, and they are accepted for public
street construction. The proposed driveway is approved as shown on plans. By stamping and signing
the improvement plans, the Registered Engineer ensures the District that the plans conform to all
District policies and standards. Variances or waivers must be specifically and previously approved by
the District in writing. Acceptance of the improvement plans by the District does not relieve the
Registered Engineer of these responsibilities. The District will assess the following impact fee for
this project. The impact fee must be paid prior to issuance of a building permit.
Total Impact Fee due: $8,513.00
Standard Requirements:
I. Utility street cuts in new pavement less than five years old arc not allowed unless
approved in writing by the District.
11. All irrigation facilities must bc~ located outside the public right-of way unless otherwise
approved by the District.
III. Replace damaged curb, gutter, and sidewalk with new curb, gutter, and sidewalk to match
existinb improvements.
TV. All facilities to be constructed with a proposed development, acid to be owned and
maintained by the District, must be constructed according to the latest edition o£
1.S.P.W.C. and the; District's Supplemental Standard Specifications.
V. Any work in the public right-of--way requires a permit from ACRD Construction
Services.
VI. An engineer registered in the State of Idaho shall prepare and certify all improvement
plans.
07/02/99 09:13 $208 345 7650 ACRD f~ 003/004
If you havc any questions or concei~s, please feel fYee to contact me at 387-6176.
S cer
ft owe
Pla~ining and Development
07/02/99 09:14 $208 X45 7650 ACRD I~3.1004/004
~~
~da ~ourtt ~i huia~ GCJi~trict
Sherry R. Huber, President ~ i o ~e~~ ~ i u i au w~
Judy Peavey-Derr, Vice President Garden City, Idaho 83714-6499
Marlys Meyer Routson, Secretary Phone (208) 387-6100
Dave Givens, Commissioner Fax (208) 387-6391
Susan S. Eastlake, Commissioner _ e-mail: tellusQachd.ada.id.us
July 2, 1999
MSPR-23-99
S. Industry Way
Lee Read Jewelers
IMPACT FEE CALCULATION
Building Type Cost per Unit Area (SF) Total Cost
specialty retail
individual assessment $851.30 10,000 $8,513.00
Total Impact Fee Uue
$8,513.00
7-1d-1999 3:54PM FROM R T NAHAS COMPANY 336 6691
•
FAC~IIHILE COVER SHEET
DATE: 2~~L-
FROM: BOB NAHAS
R.T. NAHAS COMPAi~iY OF IDAHO
10Q 50.17TH SUITE #300
BOISE, IDAHO 83708
(Z00, 336~6G61 TEL.
(208 336-6691 FAX
DELOVER TO: ~~ .~ -
887-I ~ y?
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RT. NAHAS COMPRNY OFODAHO, 102 ~ 17~H, S'L11TE#300, BOISE IL~4f°IO 83702
JUL 14 '99 1700
336 6691 PAGE. 01
P. 1
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7-1d-1999 3:55PM
FROM R T NAHAS COMPANY 336 6691
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lm o nt of l` - and Air - N 4 P e
(a) At the titz~ Lec tread constructs tl~c lee Read Building, Nahas sb~all, at Nahas'
cast and expense;;y~, eonsa~uct and install on th,e Access ~,asesnent Area (v~hich is a po1tion of
the LYalzas Properry), in accordance with the Site Plain, all irnprovememts (including, but not limited
to, grading, paving, drairlagc, curbs, butters, sidewalks, lighting and landscaping) required for
ingress and egress from the Lee Read Property to and from. S. Progress Avenue as the same abuts
the Nahas Property (hereafter =#ccas~"Nahas Access lmpmvemeaRS"); provided. boweveY. i# the
Nahas Building has not baen coiutcucted, Nahas, a~t Na.has' option, may defez comsuuctioa of the
curbs, gutters, sidewalk and lanc3sesping on the north side of the Access l/asemenc Area until tine
e.. 4..~ „r;htlpc to se,~yiiCe the Lee
Nahas ]Building is constructed~2) const~-ud_a~~, i+ sevr S Prowess Avetaue
~eaa irxotA2rty oa tbie_t~~ion ~f the lf,e~e ,__- t frown,-= -- - -
to toe line xga~ed ox~t;h~ to Y1~n as the "form,~f~C-_undarv" of tote t ~e Read P ~xrt
~~ constt'nct axu~ i~st~I tb~e ,llm~'attd ~iarst tare lu~l~~. far the a.+~ React Prvnerty (rv~,th ~.te
Irt ad fox t e constr c 'nn anti installation of tb~, "a~aa hydrttttt if rectuit~d toQeth~r
with the line ~ropn. tlAe furs~h'idr,~nt w tla,e strcond ~~dr~,•
(b) At the time Nahas ponstructs the Nahas Building. Nahas shall, at Nahas' cost
a~ad expcnse;~ construct and install on the.Na!}as Property, in accordance with the Site Plan,
all improveameats required for vehicle parking and circulation including, but not limited to,
grading. paving. drainage, curbs, gutters, sidewalks, lighting, landsca¢ring quad striping (hereaftot'
"Parking hnptovements"), togetkier with die I~tas Access Tmprovemcnt$ if not previously
constxueced, on the Nahas Property and (2) C nstruct ,a,uld A~a$t~~~ the nQx~~ T1~to~
the 1~ee )Eead 1E'~ro -~erty, iu zt~~card$.race with tJ~e Site >Q)s~n, all ~~'o.eioas~~ ' iota. u
Sgt u,ed to grading va~i[~>; dy airAaae orbs err cid,ewal>cs, l~ ~
P~~m ~_ Pru~r~s A,v,saau~e
A~e~uiXed fir int_cess toad e>:~es< fc~nm t.hv Lee Rc~t~,1Pt^ot~erty to tmc~_ -
m~ the s me abX~ts tl~e LVali•as Yropert~v mere.after "Le~$~d Acresss proveam+',nts"1:
t~rQ~de~~owev~r Nahas shall con~.t, r~~,t'and in L ss#~,ttfi~!'e ReQ~I ACCe~s 1m~rovertteatts
earliex if required for the issuan~g of buildar-e o~flccup~ l~~ t or be I.ee ~.~d
The Pazking lzapzavcanents~t~ip N~a9 As&~~oroyements. dad the Lie mad
Access Improvements are collectively re£erted to as the "Access atad Parking lutproveaxeats."
(c} All of the Access and Parking itl~tQrovemCnts shall be constructed and installed
in accordance with the standards and rcquiremerns of the City of Meridian for privatic off-Street
parkiwg lots. To the extent wecess~y, Lee Read hereby grants to Nahas and Nahas' coattractors
a tetnporary easement to crner upon >ne I.ee Read t'ropcrty and to use and occupy the same for the
purpose of constructing and im~calling alz of said Access and Parking lnctprovcmcuu on the Nahas
Property, provided., that any cl'~R(~e to any Access and Parking improvements thew existing on
the Lce Read Property resulti>zg from such use and occupancy shall be promptly repaired at the
cost of Nahas.
2, im,l,-.rovemeut of Parlcixtg Areas -Lee dead prn[~erty. At the time Loe Read
constructs the Lee Rcad Buildin,Q, Lee Read shall, at Lee head's cost and expense, construct and
ACCESS EASEMENT AND CROSS PAR,K.ING AGREEMENT - 2
JUN-28-1999 14;04
208.3449140
P. 2
P. 04
JUL 14 '99 17 01 336 6691 PAGE.02
7-1d-1999 3:56PM
P. 3
FROM R T NAHAS COMPANY 336 6691
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1 ~
insiall on the Lee Read Property, in accordance with the Site Plan, all Access and Parking
Irupruvemc~nts required for vei~icle pv~rking anti circulation on the Lee Read Property. except as
provided of grwise im ape f-~~d~~;.s~ io 1. AU of the Access and Parking improvements
shall be constructed and installed in accortiau~ce with the standards and rcquirememrs of the City
of Meridian for privaUe off-street parking lots. To the rxtent ue+ccssary. Nabas tterebY 8lraats to
Lee 12,ead and Lee Reed's contractors a tctnporary c~dsement to enter upon trio Nahas ProPea'ty and
to use and occupy the same for the purpose of cot-~~tructi~gg and. installing all of said Access and
Parking Improvements, provided. that any dxrrtage to at-y Across and Parking lmprovcments theca
existing on the Nahas Property resultiug frcnu such use and occupancy shall be promptly repaixad
at the cost of Lee Resd.
3. ~~.ena~ettt is Kavtar ~][ f e~ Rid prtxnerty. Subject to the restrictions and
limitations hereafter set fortis iz~ Section 5, below, Nahas >aere6iy g;<ants to Lce Read, and the
tenants anal occupants oY tbr. Let Read Progeny, and their omployees, agents, contractors and
invitees, and the successors in Enterers to Lee Read in anal to tl,c Lee 1Zead Property (hereafter
"Lee R,cad Aurhorxzed Users"), a sort-exclusive easem~.t and right to use, free of charge, ttDOSe
portions of the Nahas Property whic}i are developed and improved as parking area (which
e:~pression as used herein and olsewrhtre u1 this Agreement ioc].ud,es all entrances, exits, cirailation
lanes. parking spaces and sidewalks) in conunon with Nahas, its tenants and occupants of the
Nahas Property, and their employees, agents, coutracto~ and invitees.
4. ~~}•vur ut Nitta. SW.bject to the restrictions a~ad limitations hereafter
sct forth is Section 5, below, Lao head hereby grants to Nahas, acrd the tenants and orettpants of
the Nahas Property, and their erLtployccs, agents, COntrscoors and invitees, and the successors iu
Interest to Nahas in and to the Nahas Property (hereaf~er• "Naltas Autlvari7od Users"), a non-
exclusive easement and rigbc to use. free of chargc, those portions of the L.ee head Property as
shown on the Site Plan (Fasltibit B) as parking area in common 'a-itb the I,ee Read Authorised
Users.
5. RPlsttictians and I.,i 't~tataiccns on CJse of F~aseancmts. Notwithstatnding the
pmvisions of Scction 3, above, it is expressly agreed that the parl~ung of a vehicle in a paxkiuag
space on the Nahas Propetry by an employee of Lee Read t7r an employee of the tenants and
occupants of the Lee Rc~d Property sl~ll be g~t~],y ~ohibited> u being agreed that seteD parking
shall be limited to customers and invitees of Lee Rea3 and the customers and invitees of the
tcriants sad occupants of the i.ee lteaci Property.
Notwithstamdiug the provisions of Sactiou 4, abovti, it is expressly agrted that the parking
of a vehiclc in a pazking spacc on the Lec Read Property by an cmployec of N'ahas or an employee
of the tenants and occupants of the Nahas Property shall be exyressly_proh~ib1~, it being agreed
that such parking shall be ]iinitcd to customers and inrvitees of Nahas stud the rustomers and
invitees of the tenants and occupants of the Nahas t'xoperty.
ACCESS EA5IEMENT AND CROSS YAKKING AGREEMENT - 3
JUN-2B-1999 14:®4 2083449'140 P•~
JUL 14 '99 17:02 336 6691 PAGE. 03
7-15-1999 1:OOPM
FACSIMILE COVER SHEET
GATE: ~ 7
FROM: BOB NAHAS
R.T. NAHAS COiNPANY OF IDAHO
102 SO.17TH SUITE #30R
BOISE, IDAHO 83702
(208, 336.6661 TEI..
(208y 336-6691 FAX
DELII/ER Td: ~~"'
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AS POSSIBLE ~2Q~ 336"6661 '
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7i~
FROM R T NAHAS COMPANY 336 6691
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RT. N~IAS COMPANY OF IDAHO, 102 ~ 17TH, SYIITE#300, BO1SE IDAHO 83702
JUL 15 '99 14 05
336 6691 PAGE.01
P. 1
7-15-1999 1:BOPM FROM R T NAHAS COMPANY 336 6691
ACCESS F,ASEMEN~' ,r~NA CROSS PARKING AGREEMENT
TEAS AGREEMENT made this ~ day of G~ / , 1999, between R.T.
NAHAS COMPANY OF IDAHO ("Nahas"), and PLATI PROPERTIES, L.L.C.
("Platinum");
WITNESSETH:
WHEREAS, Nahas is the owner of the real property described as the "Nahas Property"
on "Exhibit A" attached hereto and made a part hereof (hereafter "Nahas Property");
WEIFREAS, Platinum is the owner of real property described as the "Platinum Property"
on Exhibit A (hereafter "Platinum Property"), having purchased the Platinum Property from
Nahas;
WHEREAS, the Nahas Property and the Platinum Property are abutting parcels of land:
WHEREAS, the Platinum Property does not have direct access to a public street or other
public right-of-way without the easement on the Nahas Property hereafter described;
WHEREAS, Nahas intends to construct aretail/commercial building and related
improvements on the Nahas Property (hereafter "Nahas Building"), and Platinum intends to
consvuct a retail/commercial building (hereafter "Platinum Building") on the Platinum Property,
a site plan (hereafter "Site Plan") showing the tentative location of the Nahas Building, including
the off-street parking, and the Platinum Building, including the off-street parking, being attached
hereto as "F,xhibit B" and made a part hereof, it being agreed that the Site Plan is a preliminary
plan and subject to modification;
WHEREAS, Nahas and Platinum have agreed upon the terms of a permanent easement for
ingress to and egress from the Platinum Property to and from S. Progress Avenue as the same
abuts the Nahas Property, as shown on the Site Plan ("Access Easement Area"), and the terms of
cross-parking by the owners, tenants and occupants of the Nahas Property and the Platinum
Property, and their employees, agents, contractors and invitees.
NOW, Tl-IEREFORE, in consideration of the mutual agreements of the parties, and for
other good and valuable consideration, the existence and sufficiency of which is acknowledged,
lT ZS AGREED:
ACCESS EASEMENT AND CROSS PARKING AGREEMENT
P. 2
JUL 15 '99 14:06 336 6691 PAGE. 02
7-15-1999 1:01 PM
FROM R T NAHAS COMPANY 336 6691
)improvement of in rQ ess-Egress and Parking Areas -Nahas Property.
(a) At the time Platinum constructs the Platinum Building, Nahas shall, at Nahas'
cost and expense: (1) construct and install on the Access Easement Area (which is a portion of the
Nahas Property), in accordance with the Site Plan, all improvements (including, but not limited
to, grading, paving, drainage, curbs, gutters, sidewalks, lighting and landscaping) required for
ingress and egress from the Platinum Property to and from S. Progress Avenue as the same abuts
the Nahas Property (hereafter "Nahas Access Improvements"); provided, however, if the Nahas
Building has not been constructed, Nahas, at Nahas' option, may defer consvuction of the curbs,
gutters, sidewalk and landscaping on the north side of the Access Easement Area until the Nahas
Building is constructed; (2) construct and install sewer and utilities to service the Platinum
Property on the northern portion of the Platinum Property from S. Progress Avenue to the line
marked on the Site Plan as the "former boundary" of the Platinumn Property; and (3) construct and
install the lines and first fire hydrant for the Platinum Property (with Platinum paying for the
construction and installation of the second hydrant, if required, together with the line from the first
hydrant to the second hydrant).
(b) At the time Nahas constructs the Nahas Building, Nahas shall, at Nahas' cost
and expense: (1) construct and install on the Nahas Property, in .accordance with the Site Plan, all
improvements required for vehicle parking and circulation including, but not limited to, grading,
paving, drainage, curbs, gutters, sidewalks, lighting, landscaping and striping (hereafter "Parking
Improvements"), together with the Nahas Access Improvements if not previously constructed, on
the Nahas Property; and (2) construct and install on the northern portion of the Platinum Property,
in accordance with the Site Plan, all improvements (including, but not limited to, grading, paving,
drainage, curbs, gutters, sidewalks, lighting and landscaping) required for ingress and egress from
the Platinum Property to and from S. Progress Avenue as the same abuts the Nahas Property
(hereafter "Platinum Access Improvements "); provided, however, Nahas shall construct and install
such Platinum Access Improvements earlier if required for the issuance of building or occupancy
permits for the Platinum Building. The Parking Improvements, the Nahas Access Improvements,
and the Platinum Access Improvements are collectively referred to as the "Access and Parking
Improvements . "
(c) All of the Access and Parking Improvements shall be constructed and installed
in accordance with the standards and requirements of the City of Meridian for private off-street
parking lots. To the extent necessary, Platinum hereby grants to Nahas and Nahas' contractors
a temporary easement to enter upon the Platinum Property and to use and occupy the same for the
purpose of constructing and installing all of said Access and Parking Improvements on the Nahas
Property, provided, that any damage to any Access and Parking Improvements then existing on
the Platinum Property resulting froze. such use and occupancy shall be promptly repaired at the cost
of Nahas.
ACCESS EASEMENT ANl7 CROSS PARIGING AGREEMENT - 2
P. 3
JUL 15 '99 14 07 336 6691 PAGE. 03
7-15-1999 1:B2PM
FROM R T NAHAS COMPANY 336 6691
2. Improvement of Parkin; Areas -Platinum Property. At the time Platinum
constructs the Platinum Building, Platinum shall, at Platinum's cost and expense, construct and
install on the Platinum Property, in accordance with the Site Plan, all Access and Parking
Irriprovements required for vehicle parking and circulation on the Platinum Property, except as
provided otherwise in the preceding Section l.. All of the Access and Parking Improvements shall
be constructed and installed in accordance with the standards and requirements of the City of
Meridian for private off-sweet parking lots. To the extent necessary, Nahas hereby grants to
Platinum and Platinum's contractors a temporary easement to enter upon the Nahas Property and
to use and occupy the same for the purpose of constructing and installing all of said Access and
Parking Improvements, provided, that any damage to any Access and Parking Improvements then
existing on the Nahas Property res~rlting from such use and occupancy shall be promptly repaired
at the cost of Platinum.
3. Easement in Favor of Platinum Proprerty. Subject to the resvictions and
limitations hereafter set forth in Section 5, below, Nahas hereby grants to Platinum, and the
tenants and occupants of the Platinum Property, and their employees, agents, contractors and
invitees, and the successors in interest to Platinum in and to the Platinum Property (hereafter
"Platinum Authorized Users"), anon-exclusive easement and right to use, free of charge, those
portions of the Nahas Property which are developed and improved as parking area (which
expression as used herein and elsewhere in this Agreement includes all enaances, exits, circulation
lanes, parking spaces and sidewalks) in common with Nahas, its tenants and occupants of the
Nahas Property, and their employees, agents, contractors and invitees.
4. Easement in Favor of Nahas. Subject to the restrictions and limitations hereafter
sct forth in Section 5, below, Platinum hereby grants to Nahas, and the tenants and occupants of
the Nahas Property, and their employees, agents, contractors and invitees, and the successors in
interest to Nahas in and to the Nahas Property (hereafter "Nahas Authorized Users"), a non-
exclusive easement and right to use, free of charge, those portions of the Platinum Property as
shown on the Site Plan (Exhibit B) as parking area in common with the Platinum Authorized
Users.
5. Restr"rctions and Limitations on >J'se of Easements. Notwithstanding the
provisions of Section 3, above, it is expressly agreed that the parking of a vehicle in a parking
space on the Nahas Property by an errtployee of Platinum or an employee of the tenants and
occupants of the Platinum Property shall be expressly prohibited, it being agreed that such parking
shall be limited to customers and invitees of Platinum and the customers and invitees of the tenants
and occupants of the Platinum Property.
Notwithstanding the provisions of Section 4, above, it is expressly agreed that the parking
of a vehicle in a parking space on the Platinum Property by an employee of Nahas or an employee
of the tenants and occupants of the Nahas Property shall be expressl~prohiriited, it being agreed
that such parking shall be limited to customers and invitees of Nahas and the customers and
invitees of the tenants and occupants of the Nahas Property.
ACCESS EASEMENT AND CROSS PAItI~ING AGREEMENT - 3
P. 4
JUL 15 '99 14 07 336 6691 PAGE. 04
7-15-1999 1:02PM
FROM R T NAHAS COMPANY 336 6691
Nahas and Platinum agree to take all steps necessary to enforce the foregoing restrictions,
including, but not limited to, the providing of a specifically designated employee parking area on
the property owned by each, and the cooperation with each other to assure that such restrictions
are observed.
6. Maintenance and JRepairs -Each Owner. Nahas shall pay all costs for
maintenance and repairs of the Access and Parking improvements located on the Nahas Property
and agrees to keep and maintain 'the same in a good and usable condition and appearance.
Platinum shall pay all costs for maintenance and repairs of the Access and Parking Improvements
located on the Platinum Property and agrees to keep and maintain the same in a good and usable
condition and appearance.
As used herein, maintenance and repairs shall include all costs incurred to keep and
maintain the Access and Parking Improvements in a good, serviceable and usable condition
including, but not limited to, patching, restriping, seal-coating, snow removal, periodic sweeping,
recoiling and replacement of the asphalt surface of the parking area and the replacement of curbs,
gutters, sidewalks, lighting, landscaping and other improvements located thereon or which are a
part thereof. Provided, that if any repair is necessitated by the negligent or intentional act of
either Nahas or a Nahas Authorized User or Platinum or a Platinum Authorized User, then the full
cost of the repairs shall be paid by the party responsible therefor for such damage.
If either parry shall fail to perform the maintenance and repairs required of that party in
this Section (hereafter "Defaulting Party"), the other party (hereafter "Curing Party") shall have
the right to enter upon the Property of the Defaulting Party and perform, or have performed such
maintenance and repairs. In such event, the actual costs paid or incurred by the Curing Party for
such maintenance and repairs shall be reimbursed by the Defaulting Party to the Curing Party
within ten (10) days after the delivery to the Defaulting Party of a written demand therefor, which
written demand shall include reasonable evidence of the actual costs and expenses paid or incurred
by the Curing Parry. Notwithstanding the foregoing, except in the case of an emergency, the
Curing Party shall not undertake such maintenance and repairs on the Defaulting Party's Property,
until the expiration of seven (7) days after the delivery of a written notice of such default to the
other party, which written notice shall describe in reasonable detail the maintenance and repairs
required.
7.. Maintenance and Repairs -Common Maintenance. Notwithstanding the
provisions of Section 6, above, after the Nahas Building and the Platinum Building are
constructed, Nahas shall have the right to determine and arrange for the maintenance and repairs
to be conducted with respect to the Access Improvements located on the Nahas Property, it being
agreed that cost savings and efficiency can be achieved with common management of the
maintenance and repairs of the Access lmprovements (hereafter "Common Maintenance").
ACCESS EASEMEN~C AND CROSS PARKING AGREElv1ENT - 4
JUL 15 '99 14:08
336 6691 PAGE.05
P. 5
7-15-1999 1:03PM
FROM R T NAHAS COMPANY 336 6691
As used herein, the costs for the Common Maintenance shall include all costs incurred to
keep and maintain the Access Improvements in a good, serviceable and usable condition including,
but not limited to, patching, restriping, seal-coating, snow removal, periodic s•tveeping, recoarang
and replacement of the asphalt surface of the parking area and the replacement of curbs, gutters,
sidewalks, lighting, landscaping and other improvements located thereon or which are a part
thereof, insurance premiums (if Nahas elects to purchase the public liability insurance as hereafter
described), plus an adminisvative fee payable to Nahas equal to ten percent (10%) of all such
costs.
The cost and expenses to maintain and repair the Access Improvements on the Nahas
Property shall be paid by Nahas and Platinum in proportion to the building area on such party's
property to the total building area on both the Nahas Property and the Platinum Property (hereafter
"Maintenance Percentage"). Each parry agrees to promptly pay all costs for maintenance and
repairs as provided herein. Provided, that if any repair is necessitated by the negligent or
intentional act of either Nahas or a Nahas Authorized User or Platinum or a Platinum Authorized
User, then the full cost of the repairs shall be paid by the party responsible therefor for such
damage.
8. public Liabilitv Insurance. As express consideration for the easements herein
created and granted, Nahas and Platinum shall each maintain, or cause to be maintained, a
comprehensive public liability insurance policy covering injuries to persons and property on, in
or about its Property, with a single limit of not less than Two Million Dollars ($2,000,000.00),
with a deductible trot in excess of Twenty-Five Thousand Dollars ($25,000.00). Each such
liability policy required hereunder shall name the other party as an additional insured(s). The
Nahas and Platinum agree to periodically consult with each other with a view toward. maintaining
the levels of public liability insurance coverage and deductibles in line with contemporary levels
of coverage in retail and commercial developments of similar character, size and location. Each
such public liability policy so provided shall contain a waiver of the right of subrogation.
If Nahas elects to perform. the Common Maintenance, as described in Section 7, above,
Nahas shall. have the right to purchase a comprehensive public liability insurance policy covering
the Access Easement Area, with the limits thereof to be as set forth above, and the premium
therefor shall be included in the costs to maintain the Access dmprovements to be paid by each
party in accordance with their Maintenance Percentage.
9. Agreement for Joint Moraurnent Sign. Nahas and Platinum agree that, in addition
to the easement created and granted to Platinum for ingress and egress and parking, as described
in Section 3, above, Nahas and Platinum shall jointly construct and thereafter maintain a joint
monument sign (hereafter "Monument Sign") to be located near the most southerly access to the
Nahas Property from S. Progress Avenue. The Monument Sign shall be constructed at the time
of the construction of a building on either the Nahas Property or the Platinum Property, whichever
building shall be first constructed. Each party shall have the right to a percentage of the space on
ACCESS )EASEMENT AND CROSS PARKING AGREEMENT - 5
JUL 15 '99 14 09
336 6691 PAGE. 06
P. 6
7-15-1999 1:BdPM
FROM R T NAHAS COMPANY 336 6691
the Monument Sign equal to such party's Maintenance Percentage, as the same is defined in
Section 7, above (hereafter "Sign Percentage"), with Platinum having the right to place its signage
on the upper-most portion of the Monument Sign. No signage shall be placed on the Monument
Sign other than the name of a tenant/business doing business on either the Nahas Property or the
Platinum Property. The design, plans and specifications for the Monument Sign, and the signage
thereon for each party, shall be prepared by a sign contractor selected by mutual agreement of
Nahas and Platinum, which design, plans and specifications shall be approved by each party prior
to any construction or installation thereof. All costs and expenses for the construction and
installation of the Monument Sign, excepting the signage thereon placed by Nahas and Platinum
(or their tenants), and the maintenance and repair thereof, shall be paid by each party in
accordance with each party's Sign Percentage. Each parry shall be responsible for the cost to
install and thereafter repair and maintain the signage placed by such party on the Monument Sign,
with each party agreeing to promptly make any repairs and perform any maintenance required to
assure that each party's signage on the Monument Sign will, at all times, be in a. good and
presentable condition. Nahas hereby grants to Platinum anon-exclusive easement on the Nahas
Property for. access to the Monument Sign for the installation, maintenance and repair of the
signage placed thereon by Platinum (or its tenant).
Yf either party shall fail to perform the maintenance and repairs required of that party in
this Section (hereafter "Defaulting Party"), the other party (hereafter "Curing Party") shall have
the right to enter upon the Property of the Defaulting Party and perform, or have performed such
maintenance and repairs. In such event, the actual costs paid or incurred by the Curing Party for
such maintenance and repairs shall be reimbursed by the Defaulting Party to the Curing Party
within ten (XO) days after the delivery to the Defaulting Party of a written demand therefor, which
written demand shall include reasonable evidence of the actual costs and expenses paid or incurred
by the Curing Party. Notwithstanding the foregoing, except in the case of an emergency, the
Curing Party shall not undertake such maintenance and repairs on the Defaulting Parry's Property,
until the expiration of seven (7) days after the delivery of a written notice of such default to the
other party, which written notice shall describe in reasonable detail the maintenance and repairs
required.
Y0. Prohibited Activities. Neither party shall use, or permit to be used, any portion
of the Access and Parking Improvements located on either the Nahas Property ox the Platinum
Property for any purpose or use which will interrupt, prevent, prohibit or make inconvenient the
ingress, egress, circulation or parking intended thereon by this Agreement. This restriction shall
not limit or restrict the temporary interruption of ingress, egress, circulation and parking as may
be required during periods of repair and maintenance or otherwise to prevent a dedication to the
public of the same.
11. Covenants Running with Land - No Termination. The easements, restrictions
and agreements herein granted, imposed and contained, shall be perpetual easements, restrictions
and covenants running with the land and shall inure to the benefit of and be binding upon the
parties hereto and their respective successors and assigns including, without limitation, all
ACCESS EASEMENT AND CROSS PARKING ACrRF1;MENT - 6
JUG 15 '99 14 09
336 6691 PAGE. 07
P. 7
7-15-1999 1:OdPM
FROM R T NAHAS COMPANY 336 6691
subsequent owners of either the Nahas Property or the Platinum Property and all persons claiming
under and through them. The easements herein created and granted shall not terminate by lapse
of time or non-use.
12. Easements Appurtenant. The easements herein created and granted in favor of
the Nahas Property as described in this Agreement, shall be appurtenant to the Nahas Property and
the easements created and granted in favor of the Platinum Property as described in this
Agreement, shall be appurtenant to the Platinum Property.
13. Eminent Doncnain. In the event that all or any portion of the Nahas Property or the
Platinum Property is taken by any government or quasi-government entity under the power of
eminent domain or sold in lieu of the exercise thereof, each party shall be entitled to participate
in the damages paid by reason thereof to the extent of each party's interest therein as determined
by a court of competent jurisdiction. In the event of a partial taking, the parties agree that all sums
awarded shall be used first to restore the improvements necessary for the ingress and egress and
fife remaining parking area and related facilities located on the affected property and thereafter
shall be distributed to the parties in accordance with their interest so determined.
If all or any portion of the Access Easement Area is taken by reason of eminent domain
such that normal vehicular access to the Platinum Property is denied, then Nahas hereby grants
to Platinum an alternative easement for ingress to and egress from the Platinum Property to and
from S. Progress Avenue, such easement to lie on the northern side of the Nahas Property.
14. Notices, Any notice, demand, request or other communication given pursuant to
this Agreement, or the exercise of the rights hereunder, shall be deemed served, given, made or
communicated on the date of delivery if personally delivered, or on the third (3N) business day
after the same shall have been deposited in the United States Mail, registered or certified, return
receipt requested, postage prepaid, properly addressed as follows:
Nahas:
R.T. TVahas Company of Idaho
102 South 17th St. , Suite 300
Boise, Idaho 83702
336 6691
PAGE.08
P. 8
Platinum:
Platinum Properties, L. L. C .
890 West Main Street
Boise, Idaho 83702
Either party may change its address by a written notice served on the other party in
accordance with this Section.
15. Attorne s' Fees. If either party shall default in the full and timely performance of
this Agreement and said default is cured with the assistance of an attorney for the other party and
before the commencement of a suit thereon, as a part of curing said default, the reasonable
attorneys' fees incurred by the other party shall be reimbursed to the other party upon demand.
ACCESS EASEMENT AND CROSS PARKING AGREEMENT - 7
JUL 15 '99 14 10
7-15-1999 1:05PM
FROM R T NAHAS COMPANY 336 6691
In the event that either party to this Agreement shall file suit or action at law or equity to
interpret or enforce this Agreement hereof, the unsuccessful party to such litigation agrees to pay
to the prevailing party all costs and expenses, including reasonable attorney's fees, incurred by
the prevailing party, including the same with respect to an appeal.
16. Succession. This Agreement, and the rights and obligations contained herein, shall
be binding upon and inure to the benefit of the parties, their respective successors and assigns.
17. Ticxie is of the Ivssence. All times provided for in this Agreement or in any other
instrument or document referred to herein or contemplated hereby, for the performance of any act
will be strictly construed, it being agreed that time is of the essence of this Agreement.
18. Construction. Both Nahas and Platinum have been, or have had the opportunity
to be, represented by legal counsel in the course of the negotiations for and the preparation of this
Agreement. Accordingly, in all cases, the lar~uage of this Agreement shall be construed simply,
according to its fair meaning, and not strictly for or against either party regardless of which party
caused the preparation of this Agreement.
P. 9
19. Modification. The parties may at any time hereafter modify or amend this
Agreement by a subsequent written agreement executed by all parties. 7"his Agreement shall not,
however, be changed orally, nor shall it be deemed modifred in any way by the act of any of the
parties hereto. Nothing herein is intended, nor shall it be construed, as obligating either party to
agree to any modiftcation to this Agreement.
20. Governin 1Gaw. This Agreement shall be governed by the laws of the State of
Idaho.
21. Severability. If any provision of this Agreement is held to be invalid, illegal,
unconscionable or unenforceable in any respect, such shall not affect Duly other provisions hereof
and this Agreement shall be construed as if such invalid, illegal, unconscionable or unenforceable
provision had never been included herein, all other terms and provisions remaining effective and
in force to the fullest extent permitted by law.
22. 1\1o Third Party Beneficiarv Rights. This Agreement is not intended to create, nor
shall it be in any way interpreted or construed to create, any third party beneficiary rights in any
person not a party hereto unless otherwise expressly provided herein.
23. ~Yaiver. The failure of a party to insist upon strict performance of any of the terms
or provision, of this Agreement shall not be deemed a waiver of any rights or remedies that said
party may have, and shall not be deemed a waiver of any subsequent breach or default in the
performance of this Agreement by said party or any other person.
ACCESS EASEMI/NT AND CROSS PARKING AGREEMENT - S
JUL 15 '99 14 11
336 6691
PAGE. 09
7-15-1999 1:06PM
FROM R T NAHAS COMPANY 336 6691
24. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift
or dedication of any portion of the Nahas Property or the Platinum Pxoperty to the general public
or for the general public or for any public purpose whatsoever, it being the intention of the parties
that this Agreement shall be strictly limited to anal for the purposes herein expressed.
25. Entire A reemeant. This Agreement, including the Exhibits attached hereto,
constitutes the entire agreement between the parties concerning the subject matter covered hereby;
there are no oral or parol agreements existing between the parties relative to the subject matter
hereof which are not expressly set forth herein. This Agreement supersedes all prior agreements,
whether oral or written, between the parties relating to the subject matter hereof.
IN WITNESS VVT~EREOF, the parties have hereunto executed this Agreement as o#' the
day and year first above written.
NAHAS: Platinum:
PLATINUM
By
A
336 6691
C.
PAGE. 10
P. 10
ACCESS EASEMENT AND CROSS PARKING AGREEMENT - 9
JUL 15 '99 14 11
7-15-1999 1:a6PM FROM R T NAHAS COMPANY 336 6691
STATE OE 1DAH0 )
) 5S:
County of Ada )
On this day of , 1999, before me, the undersigned, a Notary
.Public in and for said State, per Hall ppeared ~ GL ao ,known to me to
be the ~~~~pA,~ of R. T. N HAS COMPANY OF IDAHO, an Idaho
~- ----
Corpora[ion, the Corporation that executed the foregoing instrument or the person who executed
the foregoing instrument on behalf of said Corporation, and acknowledged to me that such
corporation executed the same.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day grad year in this certificate first above written.
~~>~~ srF~
•.99
• ,.~
~pTAR Y
* ' -+-
(S'EA~~B~I~
'•-. ~.;
slq~ of r<o~o
STATE OF IDAHO. )
ss:
County of Ada )
Notary Public for Idaho
Residing at ,Idaho
My Commission Expires: o
Ora this /~~ day of , 1999, before me, the undersigned, a Notary
Public in and for said State, pe orally appeared Larry Read, known or identified to me to be an
authorized member of Platinum Properties, L.L.C., the limited liability company that executed
the foregoing instrument or the person who executed the instrument on behalf of said limited
liability company, and acknowledged tome shat such limited liability company executed the same.
IN 'WITNESS WHEREOF, I have hereunto set my hand and afftxed my official seal the
day and year in this certificate first above writt
~ pN N ~ T.c (,~C~iyc~
~~QO ~ Notary Public for Idaho
'. N07A~;;~ `• Residing at __, Idaho
* -4- . , My Commission Expires a 3 O a
pU6llG
O
~q~ OF IOP~
AND CROSS PARKING AGREEMENT - 10
P. 1 1
JUL 15 '99 14 12 336 6691 PAGE. 11
7-15-1999 1:m7PM
FROM R T NAHAS COMPANY 336 6691
EXI~TBIT A
(Legal Description of Property)
Nahas Pronert„y
Lots 12 and 13, Block 4, Central Valley Corporate Park ~`6
Platinum Property
Lot 14, Block 4, Central Valley Corporate Park ,te6
ACCJESS EASEMENT AND CROSS PARKING AGREEMENT - 11
JUL 15 '99 14 12
336 6691 PAGE.12
P. 12
7-15-1999 1:07PM
FROM R T NAHAS COMPANY 336 6691
EX1y[~EAT B
(Site Plan)
ATTACHED
P. 13
ACCESS EASEMENT AND CROSS PARYC.[NG AGREEMENT - 12
JUL 15 '99 14 12
336 6691
PAGE.13
7-15-1999 1:B7PM
FROM R T NAHAS COMPANY 336 6691
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P. 14
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JUL 15 '99 14 13 336 6691 PAGE.14