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Sundance Investments CZC 01-015 HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Come (208) 288-2499 • Fax 288-2501 CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 Keith Bird MERIDIAN IDAHO 83642 ~ Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 CERTIFICATE OF ZONING COMPLIANCE* -~i-ol5 Date: September 4, 2001 Owner: Sundance Investments Limited Partnership (Contact: Cornel Lazson, 376-4665 Address: Goldstone Way (address assigned at time of bldg,~permit) -Lot 1 Block 5 of Proposed Silverstone Corporate Center Subdivision (Preliminary Plat reference numbers) ~ry,~ Proposed Use: 38 602 s.f. Office/Retail Buildin shell -Goldstone Buildin ~ ~'"l -~ ~~ v Zoning: Comments: Proiect is subiect to all conditions of the Development Agreement (sinned with Sundance Investments) the Conditional Use Permit and Preliminary Plat as approved by City Council Until the Final Plat for Silverstone Corporate Center Subdivision is recorded only the Silverstone Point and Goldstone Buildings are permitted building_permits within this proposed subdivision The City's failure to specifically identify requirements in this Certificate of Zoning Compliance does not relieve owner of responsibility for compliance. Approved Plan: The Site Plan (Sheet SP.1), dated 7-12-O1 and stamped 9-4-01, is approved. Signage: A sepazate Planned Sign Program has been approved for the Silverstone Corporate Center. All future signs must be in compliance with this program. Landscaping_ The Landscape Plan (Sheet L-1, dated 8-30-01) is approved as shown. The landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. No field changes to site plan permitted; prior written approval of all changes required. Parkins: Off-street parking is approved as shown on Sheet SP-1. Applicant must comply with redline note to install bicycle racks per Condition #12.9 of the approved C.U.P. All handicap pazking, signage, striping and ramps must be designed and constructed to current ADA standazds. Irrigation: An underground, pressurized irrigation system must be installed to all landscape azeas. Occupancy: The off-street pazking ratio was calculated below the required 1:200 g.s.f. for retail uses. The Applicant should note, therefore, that retail occupancy will not be allowed on the full 38,602 s.f. azea. The parking ratio will be tracked as tenant improvement applications aze submitted. • Bondins: All site improvements must be completed or bonded for at 110% ofthe incomplete amount prior to P&Z Department signature of Certificate of Occupancy. ~~~ ~~~.,J~; - Cab-~l-_ 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. 08/14/01 TUE 1~ • 5a FA% 208 X22 7x07 THE SUNDANCE CO. ~-~~ CORt~ C~ 002/00 Sen' g~f :H~d~D : ~'J ~G~JUl r.il! i`-i'HI'I ~I,LLI~I~It~KVIR~ i~~;J5G ~ Aug - O1 1 :36P~Y~,~. -11~~ ~'oy® j ~ C1TY OF MERIDIAN ~. Tlarptiog 8t Zoning Depiartrn^tt 660 ~. wsra~towar La, Ste. 202, MaridleA,1D x3642 ~ ; (20S)d845533 Pbooa / (20886-6654 Fax i 11-19-1, Zoning and Develop~mt i PROJECT NAME: APPJ:ICANT; Tarsoi, A~rchitaoi_'s,P.A. ADQ~tEQS: 210 S. Muria St. Boisa IDaho 63714 I PI~IO1f iE; X 7 6- 4 6 6 5 ~ FAX: 9 7 6- 7 618 E~Mlhd.: -- i ~ , OWIVER(S)AFRACQR.D: - Sundanee Irivesi:rner~ts Limited Parts~iarship i A~D1rtE3S: 9100 W.~ B1.aekeag-le Drive, Boise, S~daho 63709 PHOIi;TE: 3 2 2- 7 3 0 0 ~ FAX; :3 2 2- 7 3 0 7 &MAIL: -- ARC ~ TECT (II7' D~'FERENT THAN APPL.ICAIV?); _ ADDRESS: PHONE• s r ADD1tESS, FAX: ~Mq~, GENERAL LOCATION OF SITE; l,at 9 , Silvers Iona corporate Outer Corder of eagle at7d OVerlar~d Fd. DZ~SCRTPTIONOFUSC: office/fte~tail Huildirig. i ZONL~ CT~SSiFity,ATION: ~ ~ ~C~hris Anderson fees ors ar ~ , do lmraby atllrm that 1 will egrae to ply any eddigcnal eaaFV, vwtQ a< fresh c11 gee, if any, a:toaiated ~trith fhe uoe that Uwe have applied for, whethe the uos be raridaattal, aanmbroia! ar industrial is nataae. F~athamon~, I tlavo rmd t1+o ioformadon oontafned ha+ein and ooRi$r thec this tofersnarian ie true end correct, ~~' ~ (Date) ~ Rc~ -a Uf ~ 1 ~ ~7) / December 1'S, .2000 ~~~` ~~ 6~~adt~nt Consulting, lnc. . SI~~RSTONE CO121QORATE CENTER PARCPIL A IDESCatIPTION A pazcel of land being,a portion of the West %z of the Northwest' % of Section 21, Township 3 North, Range 1 East, Boise Meridian, Ada Cbunty,.Idaho. Said parcel is more particularly described as follows: Commencing at the Northwest. Comer of said Section 21; thence South 0°14'50" West 2651.91 feet along the section line, being the centerline of South Eagle Road to~ a found iron axle marking the West'/a Corner of said Section 2i; thence South 89°07'33" East 25.0© feet to the west right-of-way line of said South Eagle Road thence along said west right-of-way line-North 0°14'50" East 889.89 feetto the POINT OF BEGINNING;-thence continuing along said west right-of-way line the following courses ' .North 00° 14' S0" East 1112.27 feet; thence . South 89°45' 10" East 30.00 feet; thence North 00°14'S0'~East. 574.53 feet; thence North 45 °30' 15" East 28.14 feet to a point on the south right-of--way lane of West Overland Road; thence along said south right-of-~vay Iine the following courses South 89°13'50'° East 590.79 feet; thence North 00°46' 10" East 30.OU feet; thence , South 89°13'50" East 73.88 feet; thence leaving said south right-of.--way line -South 00°14'50":West 612.20 feet; thence South 27°42'26" West 181.34 feet; thence North 89°45'10" West 281.fiI feet; thence. South 00° 14' S0" West 957.44 feet; thence North 89°45' I O" West 349.67 feet to' the POINT OF BEGINNING. Said parcel contains 19.42 acres; Snore or less. and subject to easements of record I 405 S. 8th Street, Ste. 295 ~ .Boise, ID 8302 • Phone (2089 342-4091 ~ Faoc (208) 342-x092 • Internet: quadrar~micr~,net Civil Engineerhg • Surveying ~ Coruhuciion NAanagement ,. !!~ Quadranf December.15,2000 Consulting,-Inc.. SILVEI.2S7C®NE C.OR]PORATE CENTER PA1tCEL B DESC~PTI4N A parcel of land being a portion of the West %Z of the Northwest %4 of Section 21, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. Said pazcel is more° pazticulaziy described as follows: . Commencing at the Northwest Corner of said Section 21; thence South. 0°14'50" West. 2651.91 feet along the section line, being the centerline of South Eagle Road to a found iron axle marking the `" West !/4 Comer of said Section 21; thence South 89°0733"-East 25.00 feet to a point on the west riglit-of way. line. of South Eagle Road said point being the POIrfi'I' OP BEGINNING ;thence along said west right-of-way line North 00°14'50" East 889:89 feet; thence leaving said west right-of--way line South 89°45' 10" East 349.67 feet; thence - . North.00°14'50" East 957.44 feet; thence South 89°45' 10" East 281.61 feet; thence North 27°42'26" East 181.34 feet; thence North 00°14'50" East 612.20 feet to a point on the south right-of--way line of West Overland Road; thence along said south right-of-way line South 89°13'50" East 592.58 feet to a point on the east line of said West %i of the Northwest %a; thence leaving said south right-of way line South 00°13'16" West 2629.36 feet along said east line to the southeast. corner of said west %z; thence North 89°0T33" West 1308.74 feet along, the south line of said Nest %Z to the POINT ~F BEGINNING Said pazcel contains 58.65 acres, more or less and subject to easements of record. ; L LA/y~ .. sr~ ~~i s ~ ~'OF ~~Q '91"•! LO 405 S. 8th Street, Ste. 295 • Boise, Id 83702 • Phone (208) 342-~91 • F~c~(208? 342-0092 • Internet: quadrant®rraicron.net C1vi1 Engineering • Sutveyhg • Construction Management • V^ • • . . .4D~ iIUNTY REC01tDEA :: ~OTiEE[t ~' ,'• ~b1yp~~J. AVID NAYARE30 .'1:cat.. i1,1,1F17 OF ADA COUNTY 21t0~ C -4 Phi 4~ 23 821 West State Street /Boise, Idaho 83702 - (ZOB) 336.6700 . 8151 W. • RiQ®aa Stmt /Boise, Idaho 83704.. RE~OitDED=REflUEST Of ~~' . f000~?9658 PIONEFfl T17Y,E ' f.7 ~ SPAf~ AHOVB POR' RHCORDQ~10 DATA YY CS D r• r•~ (INDIVIDUAy •._ ^ . . FOR VALUE RECEIVBD DAVID W. LEWIS, an unmarried person, GR?iNTOR(s) does (do) hnroby GRANT, .BARGAIN, SELL and CONVBY unto SDNDANCE INVESII~NTS LIlKITED PARTNERHSIP, an Idaho limited partnership GRAN'I'BE(3), whose currant address is: 9100 Blackeagla Drive, Boise, Idaho 83709 the Poilowing deaaibed real property is Ada County, State of Idaho more particularly described as foibws, to wit: - ' SEE T.HE ATTACSBD ESHIBIT "A" FOR LEGAL DESCRIPTION, WHIGS BY TffiS' REFERENCE I3 INCORPORATED BBREIN. TO HAVE AND TO HOLD the said Premises. with their appurteaancp uaw the said Grantee(s). and Graatem(a) boos sad assigns forever. Aad the said Graator(s) does (do) hereby covenant to and with the said Grantee(s), the Grmtor(s) ia/arc the owner(s) la fee simple of said pretttisea; that said presoiaes are fm from aU eacumbtancea, BXCEFT those to which thin conveyance is eaptesdy made subject sad those made. suffered or done by the Grantee(s); and subjax•to reaervatiom, teanictions, dadiadom, eaeaQfeota, rights of way and' aat'ua-anta, (if any) of record, and general aorta and aaaea9meata, includes irrigation sad utility aeees~mts, (if any) for the carrent year, which are not yet date sad payable, and that Grantor(s) will warrwt sad defend the same from all lawful claims whetaoaver. Dated: October 4 , 2000 David W. Laois 3TATB OF County of e,tn s~ , onthis_,; b• BLO,rC aayof Octoba Jan osch in theyeerof 2nOn lrrrfaseme Daly . a Notary Public. peraonatly appeared known ed~t~e (s)whosename(a) is ' subta~iibed to the within ~ that _ ~•_ etoet:ote:d the same. ~ .. ~'~ 7$ OP ~ Notary Pu Raidiogat: Boise daho ; My.Co~ March 17, 2005 I Sundance Investmen _s r;td 9100 W a la _kPaQl a nr; ~~A (NAME) Partnership (ADDRESS).. Boise _, Idaho being first duly savorn upon oath ' (CITE (STA.T]E) ~ depose and say: I . I am the record-owner of the property describ~i on the attached application and I 5_ ~ grant my permission to: yV (11TA141E) Larson Architects ( SS) ~ 83714 to submit the application pertaining to that property. 2, I agree to indemnify, defend and hold the City Ofl~ieridisn and it's ernploy~s harrnlese from any Maim or liability .resulting from any dispute as to the stat~aonta contained herein or as to the ownership of the property which is the subject of the ' application. 1)atedthis 14th day of Decemhpr ; 2 nQp ~ _/~ j / ~ _ ~G~ ;;' ~~ (SIGNATURE) SUBSCRIBED AND SW®RN to before ma the day and yeas fycat above written. _ ~'`yNe~nopi~ a ` . ~~,~ ~$Y P~®~,~ Notary Publ~for Idaho '~~ ~~-~' c',A~~~• Residing at ' ~~ a=,~ , t c.1 ~~ 4 ~ ~~s~~~ My Commission Expires: 1-? - ~ 1 Lo ' C ~IjB t,g~ ~~ s 08/x•3/2001 15:27 208-38793 ACRD PLANNING ~ PAGE 04 ~,G ~ . YI" '~ ' 7 ~~~ '~~~ ,A.da County Highway District Judy Peavey-err, President 318 East 37th Street Dave Bivens, 1st Vice President Garden City ID 9371a-ga99 Sherry R. Huber. 2nd Vice President Phone (208) 387-6100 Susan S. Eastlake. Commissioner FN( (208) 387-6391 David E. Wynkoop, Commissioner E-mail: tellusCa~ACHD.ada.id,y~s ~' August 13, 2001 Comel Larson 210 Murray St Boise, Idaho 83714 RE: MSPR-01-OZ1 / s/e/c Eagle and Overland / Goldstone Building PLANS ACCEPTANCE The District has revievc~ed the plans for the above referenced project, and they are accepted for construction. This acceptance does not constitute as approval for any street improvements associated with the above listed project and which will be required on Eagle and Overland Roads. Givi1 plans exhibiting and detailing all required improvements shall be submitted, reviewed, and approved by the District prior to receiving a permit to work in the right-of--way. District will assess the following impact fee for this project. The impact tee must be paid prior to issuance of a building permit. Tota] Impact Fee Due: $84,230.00 NOTE: Occupancy is contingent upon conditions as stated in the letter signed by Ryan Anderson. Standard Requirements: 1. District requires a set of stamped construction plans that are signed. dated, and approved by the District to be located on site at all times for. inspection and reference purposes. 2. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the Distrtct. 3. All irrigation facilities must be located outside the public right-of•-way tntless otherwise approved by the District. 4. Replace damaged curb, gutter, and sidewalk ~•ith new cw•b, gutter, and sidewalk. to match existing improvements. 5. X111 facilities to be constructed with a proposed development, and to be owned and maintained by the District, must be constructed according to the latest edition of I.S.1'.w,C. and the District's Supplemental Standard Specitications. G. Submit to Idaho Department oF'Water Jtesourres a Shalluw lnjtction well -Notice oFConstruction / inventory Form at least thirty days prior to construction ol•the facility. ~I'h~ ni;trict will require a copy of the completed Dorm prior to granting of linal occupancy. 7. Any work in the public ri~~ht-~~I'-~~~ay rc~tuires a permit F'rnm AC'HD (~ ~~n.u•uctiun ti~r~~i~es. 3. An engineer reuist~recl in the Sratr ul' ldahc~ Thal I pr~hare and certil•y all imprc~~~ement plans. 08/13/2001 15:27 208-38793 ACHD PLANNING ~ PAGE 05 (t you have any questions yr eonc;erns, please lerl li•ze ~u crnnart me at 3i37-Gl,g I . Sincerely, Scott Rudel Development Review Division u0/ 1 J/ LUUl 17: L / 1F7ti-:i13 793 ACRD PLANNING PAGE 06 Judy Peavey-Derr, President ^- - - - - ., 37th Street .o .+..c~~o, ~a. v~cv r~tl5lOCrli Garden City ID 83714-8499 Sherry R. Huber. 2nd Vice President Phone (208) 387-6100 Susan S. Eastlake, Commissioner FAX (208) 387-6391 David E. Wynkoop, Commissioner E-mail: tellus a~ACHO.ada.id.us August 13, 2001 MSPR-O1-020 / s/e/c of Eagle and Overland / Silverstone Point Building IMPACT FEE CALCULATION Building Type Cost per Unit (per 1,000 SF) Area (SF) Total Cost Office Park $2,182.00 38,G02 $84,230.00 Ada County Highway District Total Impact Fee Due $84,230.00 20888852 SANITARY SERV~ FAX COYER SHEET PAGE,~~ti ..: SAIJITARY SERVICE COMPANY P.O. Box 626 Meridian, ID 83.680 Phono: (208) 888-3999 Fax: (Z08) 888-5052 Company: ~a ~ s o ~ d e c~ ~ ~-~GrS Pages Sent: / Fax Number.,,. 3 ?b -) !. -,~_ Date: ~ g - ~ L - o -.j.c,~ -~'ax ~,~EQ..C~rr~e_. ~«~ ~e,e.r~ A~ ,daP,ea,.AC. ~~om ~.49•~ -~o~: 'T~t~ GC~dsT~ ~NG1.oscJ2~~~~.5~lo,c.?s .. ~ ~I~.vE~Tos.~~-.~~o,~Sr' Arta ~ac.a S-so~u~ "~~Jrt.~~~.lys . L d @.S O +V .U eC s1 1 Tom" G7S, ~ r C,C. ~?l P•0UD ~~ ~ W G G Q i S r c. /g~.STOr, $,~p ~ NT 1o Q v ~rs 5 ~ t~ E,. Ty! ~. GaYE, ~a 5^f ec.~'aQA~c~. o~ ~r~ . ao' -~-~ QGCOM,d"bA-;~ i"o u.).as~_. ~~~L ~e~E.GO~~ ~S.L .; 'f Brad Hawkins-Clark From: Brad Hawkins-Clark [hawkinsb@ci.meridian.id.us] Sent: Tuesday, August 20, 2002 12:30 PM To: 'Ryan L. Anderson' Subject: FW: Release of LoC for Goldstone Building Hi Ryan, Page 1 of 1 Please see my 6-25-02 a-mail to Will Berg and Reta Cunningham below. This should have been adequate for the full release of #148 (Goldstone). I have not received a notification that Silverstone is ready for landscape inspection. So, upon request from the contractor, I will inspect and follow-up on that one right away. As far as #143 (perimeter), I don't mind authorizing release of partial Letters of Credit (e.g. 60% of total), if that's your preference. However, I can only do that for landscaping that is 100% complete. So we would not be able to release the LoC for those portions that are still under improvement. The others, #144, 145 and 146, are improvements not inspected by the P&Z Department. If you haven't already, contact Brad Watson in Public Works for those. I hope that answers your questions. Let me know if you need anything else. Brad Hawkins-Clark Planner City of Meridian hawkinsb~meridiancity.org -----Original Message----- From: Brad Hawkins-Clark [mailto:hawkinsb@ci.meridian.id.us] Sent: Tuesday, June 25, 2002 9:06 AM To: 'bergw@ci.meridian.id.us'; 'cunningr@ci.meridian.id.us' Cc: 'Sharon Smith'; 'Shari Stiles' Subject: Release of LoC for Goldstone Building Will and Reta, Yesterday, I conducted a site inspection of the Goldstone Building at the Silverstone Corporate Center (by Sundance Investments). All required landscaping, parking and trash enclosure improvements are completed per the approved plan. The P&Z Department records show we received an Irrevocable Standby Letter of Credit (No. 000148), issued on Apri126, 2002 and expires on October 16, 2002, in the amount of $52,118.00 for all site landscaping at the Goldstone Building. I believe the full amount of the LoC was for landscaping improvements only, so there is no longer a need to retain the City as a beneficiary on this LoC. Thanks, Brad Hawkins-Clark 8/20/2002 • Brad Hawkins-Clark From: Ryan L. Anderson [ryan@Sundanceco.com] Sent: Tuesday, August 20, 2002 11:14 AM To: hawkinsb@ci.meridian.id.us Subject: Silverstone Letters of Credit Good Morning Brad, I stopped by to discuss the letters of credit we have with you, but looks like you are in a meeting; so I thought I'd drop you a message this way. I wanted to talk to you about releasing the remainder of letters for the project. Sundance has 6 letters of credit with you at the moment, and I wanted to confirm the status on them with you. Here they are and the status as I understand it: #143 - Perimeter Landscape Improvements: Approx. 60o complete; remaining items are 8-mile drain (Waiting on the Army Core), and Southern portion of Eagle Road (Confirming elevations with ACHD for the bridge improvements) #144 - Irrigation Well: Complete and tested #145 - Ridenbaugh Crossing: Waiting for irrigation season to complete #146 - Street Light Improvements: Complete and operating #147 - Silverstone landscaping: Complete (S- mile drain area in Perimeter Letter of Credit) #148 - Goldstone landscaping: Complete and turned over to Will Berg While we still have better than a month before the expiration dates, I'm setting up which items will need renewal and for what amounts. What I'd propose, and please correct me if you see a problem with my proposal, is to renew the Ridenbaugh Crossing Letter of Credit for its full amount, and then renew the Perimeter Landscape Letter of Credit based off a percentage complete from the contractor. Hopefully this meets with your expectations as well. Please let me know if there are any items outstanding on the letters referring to work completed. On a second note, I still haven't been able to get a response from Will Berg on the Goldstone Letter that was turned over to him. Are you aware of any items outstanding on it? To my knowledge the work is complete, signed off, and turned over to his office in mid-June. Thank you for your attention, and I look forward to hearing from you soon, Ryan Anderson The Sundance Company (208) 322-7300 ryan@sundanceco.com Brad Hawkins-Clark Page 1 of 1 From: Brad Hawkins-Clark [hawkinsb@ci.meridian.id.usj Sent: Tuesday, June 25, 2002 9:06 AM To: 'bergw@ci.meridian.id.us'; 'cunningr@Ci.meridian.id.us' Cc: 'Sharon Smith'; 'Shari Stiles' Subject: Release of LoC for Goldstone Building Will and Reta, Yesterday, I conducted a site inspection of the Goldstone Building at the Silverstone Corporate Center (by Sundance Investments). All required landscaping, parking and trash enclosure improvements are completed per the approved plan. The P&Z Department records show we received an Irrevocable Standby Letter of Credit (No. 000148), issued on April 26, 2002 and expires on October 16, 2002, in the amount of $52,118.00 for all site landscaping at the Goldstone Building. I believe the full amount of the LoC was for landscaping improvements only, so there is no longer a need to retain the City as a beneficiary on this LoC. Thanks, Brad Hawkins-Clark 6/25/2002 • 660 E. Watertawer Ln. Suite 202 Meridian, ID 83642 Ph: (208)884-5533 Fx: (208) 888-6854 0 To: J.C., Petra From: Brad Hawkins-Clark`~~ Fax: 288-0801 Phone: Pages: 4 Date: 6/25/2002 Re: Bike Rack Requirement CC: Cornel Larson, Larson Architects ~3 ~= ~ ~~) ^ Urgent ^ For ReWew ^ Please Comment Please Reply ^ Please Recycle Good morning, J.C. - In follow-up to my site inspection of the Goldstone Building yesterday, please see the attached section from the City Council-approved Decision and Order for the Conditional Use Permit of Silverstone Corporate Center (by Sundance Investments). This document was signed and sealed by the City Clerk on 7-17-01. The last sentence of Condition #1.9 states, "Also required is the inclusion of bicycle racks at all office and retail buildings." At a minimum, one (1) set of bike racks must be placed at the Goldstone Building. Please ensure this condition is met. Also, as all required landscaping was completed per the approved plan, today I will be requesting the City Clerk and Finance Department to release the $52,118.00 Irrevocable Letter of Credit, dated April 26, 2002 (expires October 16, 2002), submitted as surety for Metcalf Landscaping's work. Thank you, Brad Hawkins-Clark 04/2/02 MON 10:12 FAX 208 X22 707 THE ~`, ~ .A 1 `~ ~, ~ a; C U M P A N Y ISSUE DA~r.E: SUNDANCE CO. April 26, 2002 U ~ 004/005 •••-• i'.lll:l!ll~"~,'lll~ I.1!' }~i:~l'•I)I•l'i?l'lli'i.i~ ,.~•1;; IRRF'VUCABi.E STAND$Y LETTER OF CREDIT NO. 000148 BENEFICIARY: APPLICANT: City of Meridian The Sundance investments T,imitcd Attn: Will Bcrg Partnership 33 East Idaho 9l 00 West Blackeagle Drive Meridian. Idaho 83642 Boise, Idaho 83709 AMOl1NT: E7~I'iRATION DATE: xS?, 118.00 Qctober 16, 20(;1? (ZJS Dollars Fifly Two •Chousand Une Hundred Eighteen and 00/lUU) We hereby issue our Irrevocable Standby Letter of Credit No. 000148 in favor of the above nariled beneficiary. CREDIT AVAILABLE WITH: Idaho B~uiking Compa)ty 8850 hmerald, Suite 124 Boise, Idaho 83704 13Y: Pa~yirtent AVAii.AI3LE BY DRAFTS AT SIGHT DRAWN ON: Idaho Banking Compa~~y, Boise, Idaho DOCUMENTS REQUIRED: 1. Beneficia)y's written statement, sibmed by a person purportedly authorized by the beneficiary, stating that "Landscaping has not been completed at the Goldstone Building". 2. The original of this letter of credit. 'Drafts drawn under this Letter of Credit must bear the clause: "Drawn under •Idaho Banking Company. Irrevocable Standby Letter of C:rcdit No. " ()UU148 ,dated Apri] 26, ?(.>U2 Fafi(~Jl\~• L'a(;CF. I'.~HKCL~~TEN IL>.~1I0I3.avt;1~'G~tii()RT(,~GE Nil~l F,iu~ir~~ A~•enuc 10? i E~glr Ruad c c) r Park(;cnce, Hl~d, Hr.,ccr. ldah(i H+"q-~ EaRle Id;ah~, y;b1G H HHj(I R: L•incrald, 5rr, lOd , onc. Idaho H 3-06 .Uh. )71ig5 Hpisc Idaho !,3,01 .OH i"R•lOli 04/2A/02 MON 10:12 FAX 208 a22 707 THE StJNDANCE Co. f h • • I~ettcr of Credit No. OOOI48 April Z6, 2(lU2 Page ? We hereby agree to honor each draft drawn under and in compliance with the terns of this credit, if duly presented (together with tl~e documents as specified) at ouT office on or before the expiry date of this credit. REiMBURSEIVIENT INSTRUCTIONS: Payment to be effeeied per your instructions against contbmiing documents presented at Idaho F3anki~lg Company, 8850 Emerald, Suite 124, Boise, T.daho 83704_ Except so far as otherwise expressly stated, this Letter of Credit is subject to the "Llniform Customs and.Pr~ctices for Documentary Credits (19)3 revision), Tuternational Chamber of Commerce Publication No. 500". Sincerely, , ,, .,./. v /,. 1~j005/005 David E. Short Vice President 04,/OA/02 TUE 09:04 FA% 208 022 7007 THE SUNDANCE CO. 'ANDARD SUBCONTRACT ~EEMENT moos/oos Subcontract No. 010830-02900 THIS AGREEMENT, hereinafter referred to as SUBCONTRACT, is made and entered into by and between: Sundance Investments, l.,P. or Assigns 9100 West Blackeagle Drive Boise ID 83709 (206) 322-7300 hereinafter referred to as OWNER, and Metcalf Land$caping P.O. Box 46034 Boise, ID 83711 hereinafter referred to as SUBCONTRACTOR; W ITNESSETH: OWNER, for the full, complete. and faithful performance of said SUBCONTRACT, agrees to pay to SUBCONTRACTOR: (a) The sum of: Forty Seven Thousand Three Hundred Eighty and NO/100 Dollars ($47,380.00). Said sum includes applicable state and local sales and use taxes- In consideration for the payrt~ent of said sum, SUBCONTRACTOR agrees as follows: 1. To furnish labor and material to pertprm ail work as described in EXHIBIT A, attached hereto and incorporated by reference, for the construction af: Goldstone Building Overland Road & Goldstone Way Meridian, ID 83642 hereinafter referred to as PROJECT. The performance of said work shall be m accordance with (a) Sections 1 through 15 printed on the reverse side hereof and incorporated by reference, and (b) the drawings, specifications and addenda attached hereto and incorporated by reference as EXHIBIT B. 2. To be bound by any and all laws. governmen[ regulations and/or orders which pertain to the performance ofi SUBCONTRACTOR's scope of work. 3. To perform said work per OWNER's construction schedule as directed by CONSTRUCTION MANAGER Petra, Incorporated, hereinafter CONSTRUCTION MANAGER, has been retained by OWNER as said CONSTRUCTION MANAGER. OWNER has retained Larson Architects, P.A„ hereinafter ARCHITECT, as the PROJEGT's Architect. 4. To abide by CONSTUCTION MANAGER'S Safety Requiremen[s, CONSTRUCTION MANAGER maintains a safety program. CONSTRUCTION MANAGER's Safety Policy, attached hereto and incorporated by reference as EXHIBIT C, is a part of said SUBCONTRACT and must be adhered to. A written copy of SUBCONTRACTOR's safety plan and Safety procedures shall be required to be submitted to CONSTRUCTION MANAGER prior to SUBCONTRACTOR commencing work. A copy thereof must be maintained at the job site. Weekly safety meetings held during the course of said SUBCONTRACT must be attended by all employers and employees of all sub-tier contractors. 5. To employ and maintain on site during the course of SUBCONTRACTOR's work a trained "Competent Person" as defined by the requirements of Number 29, Code of Regulations (CFR), Part 1926.21., or equivalent State law where applicable. IN WITNESS Whereof OWNER and SUBCONTRACTOR have executed this SUBCONTRACT, effective the date of the last authorized signature unless otherwise agreed DATE By' - ~, Authorized'5ignature OWNER SUNDANCE INVESTMENTS, L.P. or Assigns ~- / i Y/° i By: Au o ed Si ure SUBCONTRACTOR • -. ~ ~ __ _.____._.__.. l:nc,ouragi~7g llic~ ['nlreprcne~u~ial ~pil~ic ISSUE DATE: April 1, 2002 IRR1H'.VOCABI_.E STANDBY LETTER OF CREDIT NO. 000143 BENEFICIARY: ~-I'FLICANT; City of Meridian Suxtdanpe Ir~v~Stt~entslritnited Partnership Attn: Will Berg 9100 Vest Blackeagle Drive 33 Fast Idaho Bai:se, :I.daho 83709 Meridiai.~, Idaho 83~i42 AMOUNT': EXPIRATION DATA:: $206,807.72 October l6, 2002_ (1.75 Dollars Twoundred Six Thousand Eight 14undred Sixty~ven and 72/100) We hereby issue our is-revocable Standby Letter of Credit: No. 000143 i~l favor of tl~e above Warned beneficiary. CREDIT AVAI)I..ABI,E WITH: Idaho Banking C"ompany 8850 Emerald, Suite 1.24 Boise, Idaho 83704 I3Y: Payment AVA1.I.,AI3I.,E BY DRAI+°I'S A7' SIGHT p'I2AWN ON: l:daho Banking Company, Boise, Id~•lao DGIC.UMENTS REQL)I:REI): 1. Beneficiary's wr-itte~M statement, signed by a person purportedly authorized by the 1~eneficiary, stating that "Landsca.pe improvements have not been completed on Silverstone Corporate Center". 2. `1'he oxiginal of this letter of credit. Drafts drawn under this Letter of Credit must bear the clause: "Drawn. under Idaho Banking Company, Irrevocable Standby Letter of Credit No. 000143 ,dated ,April 1, 2002". Lean tiervicin~; I)e~~artmenl Post Office Box 'i~ifi?9 Boise, Idaho R?l l-pGt9 Phone ?US 9i' 5560, Fax ?Q8 ~i??-~i'1l • • Letter of Credit No. 000143 April 1, 2002 Page 2 We hereby agree to honor each. draft drawn under and in compliance with the teens of this credit, if duly presented (together with. the documents as specified) at our office on or before the expiry date of this credit. REiMBURSEMFNT INSTRUCTIONS: Payment to be effected per your instructions against conforming documents presented at Idaho Banking Company, GO10 Fairview Avenue, Boise, Idaho 83704. Except so far as otherwise expressly stated, this Letter of Credit is subject to the "llnifonn. Customs anal Practices for Documentary Credits (1.993 revision.}, International Chamber of Commerce Publication No. 500". Sincerely, , i L U~% ~ David F. Short Vice President _. • ~ .. . ._r .. c o lH ~' ~ N v --_ ...-_ . _-_.-_. ___.._-- ____._____.._ _. ------_-.-- --- Fa7caura~;il~~; (Ile ratreprencurial tihiri( IDAHO BANKING COMPANY Application and Agreement for Standby Letter of Credit Idaho Banking Company Letter of Credit No Customer's Name Dat+ Sun We request you to issue an irrevocable Letter of Credit by airmail/cable on tiie following tert~as and conditions: Advised through (Name of Bank) In favor of (Name & Address) )Ct~aho Banking Company (:'ity of Meridian Attns WiiM Berg 3~3"fast Idaho Meridian, Idaho 83642 iJp to an. aggregate amount o(': $ 206,867.72 (US Dollars Two hundred six thousand eight hundred sixty-seven and 72/1.00) Available by draft(s) at sight when accompanied by: Beneficiary's written statement,s[gned by a peragn purportedly authorized by tfae beneficiary, stating that "handscaping improvements to Siiverstone Corpo~rat~ +Center have not been completed". Draft(s) cxmst he presented not later :than October 16, 2Q02. A letter of credit f`~e )3 to be paid in the aritiount`of $I50.(f'0 at thffi time of issuance. We, and oath cif us; a~xEe that the terms and conditions sel forth orr,this and the reverse page hereof are hereby made a part of this application and are hereby tic~~~ted and agreed to by us. BANK I7SE ONL`'Y~___ ~~~~ _____~ Customer's Current Liability Signature of Officer Authorizing Credit O~fl 1 A~3 Sttitdattce Iri'~ta5tmeftts T~united P;irtnership April ] , 2002 Limited Partnership ~ ~.___.. ~~~, ~ I Ryan~derson, The Sundance Company, an auth ized agent Tor Sundance Investments Limited Partnership Loan Servicing Departme.nl Post Office f3ox `~46~9 Boise, [daho 83?11.0629 Phone 208 ~)h?-5566 Fax ?08 472-4;11