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Consignment and Design
jer k CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: March 8, 2011 TO: Gerald Keulman FROM: Bill Parsons, Associate City Planner SUBJECT: Consignment and Design — CZC-11-004 OWNER: Gerald Keulman DESCRIPTION OF APPLICANT'S REQUEST E IDIAN-- 1DA110 The applicant, Gerald Kuelman, requests Certificate of Zoning Compliance (CZC) approval for a change of use from personal service to retail for an existing 2,780 square foot building located at 1321 N. Main Street. Per UDC Table 11-2B-2, a retail use is a principally permitted use in the C -C zoning district. A second structure (1,990 square feet) occupies the western half of the site (1323 N. Main Street) and is not part of the current CZC review. A new CZC application is required when a use is proposed that building. DECISION The applicant's request for CZC is approved with the conditions listed in this report. Note: This is not a building permit. Please contact Building Services at (208) 887-2211 to verify if you need a building permit and/or inspection. If you do need a building permit, you must complete that process before you commence the use or construction. As part of the application submittal, you will need to provide two sets of the final, stamped "approved" Planning Department plans. You must provide these plans in PDF format and hardcopy as specified in the Building Services "Plan Intake Checklist" and include them with your building submittal set. Please contact Building Services for additional details about building permits and inspections. Process Conditions of Approval 1. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 3. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 4. The site/landscape plan prepared by Larson Architects dated 03/02/11, labeled Sheet SP1.0 is approved (stamped "approved" on 03/08/11 by the City of Meridian Planning Department) with no changes. 5. The approved site/landscape plan may not be altered without prior written approval of the City of Meridian Planning Department. Conditions Document Consignment and Design CZC 6. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 7. If any changes must be made to the site plan to accommodate ACHD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Department for approval prior to issuance of the building permit. 8. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. Ongoing Conditions of Approval 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-313-13 and UDC 11-313-14- 2. The project is subject to all current City of Meridian ordinances. 3. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued or required for the site. 4. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 5. The applicant has a continuing obligation to comply with the outdoor lighting provisions asset forth in UDC 11-3A-11. 6. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11-3A-3. 7. The applicant and/or assigns shall have the continuing obligation to meet the specific use standards for the proposed use as set forth in UDC 11-4-3-11. CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Department on or before March 23, 2011, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11- 5A -6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. EXPIRATION Certificates of Zoning Compliance issued in conjunction with a proposed use shall expire if said use has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. Conditions Document 2 Consignment and Design CZC Certificates of Zoning Compliance issued in conjunction with construction or alteration of a structure shall expire if said construction or alteration has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until March 8, 2012. EXHIBITS A. Vicinity Map B. Site/Landscape Plan (dated: 03/02/11) Conditions Document 3 Consignment and Design CZC A. Vicinity Map Conditions Document 2 Consignment and Design CZC B. Site/Landscape Plan (dated: 03/02/2011) Conditions Document 3 Consignment and Design CZC x!i Not part of the - ._.._.. ----------- y ��i CZC application ._-_:-__...._._,„-� r � 1 t } 1 r 0 3 Y PROJIur VIAM VCNW WO 1 Conditions Document 3 Consignment and Design CZC El����� Planning Department H CERTIFICATE OF ZONING COMPLIANCE Application Checklist Project name: Cd344C10^T Applicant/agent• ��1Ytt`J All applications are required to contain one copy of the following unless otherwise noted: Completed & signed Administrative Review Application / Narrative fully describing the proposed use of the property, including the following: ✓ ➢ Information on any previous approvals or requirements for the requested use i.e., applicable.conditions of approval or Development Agreement) Recorded warranty deed for the subject property Affidavit of Legal Interest signed & notarized by the property owner (If owner is a corporation, submit a copy of the Articles of incorporation or other evidence to show that the person signing is an authorizedagent) ✓ Scaled vicinity map showing the location of the subject property Fire Marshall approval for access and turn around (stamped, full size siteplan) /A Sanitary Service Company approval for trash enclosure & access drive (stamped, full size site 11 f 0/,4 Civil Site/Dimension Plan —1 full size co folded to 8'/Z" x 11" size 1 A photometric test report for any light fixture(s) with a maximum output of 1,8001umens N or more see UDC 11-3A-11 Copy of the recorded plat the property lies within 8 ''/2" x 11" Address verification letter from Development Services 887-2211 V111 The Plan—* 1 copy (folded to 8 '/2" x 11" size) The Mowin items must be shown on the site plan: ✓ • Date, scale, north arrow, and project name (scale not less than r'=50') • Names, addresses, and telephone numbers of the developer and the person and/or firm preparing the plan ✓ • Parking stalls and drive aisles • Trash enclosures location • Detail of trash enclosure (must be screened on 3 sides) WA • Location and specifications for underground irrigation (Pressurized irrigation can only be waived ifyou prove no water rights exist to subject property) • Sidewalks or pathways (proposed and existing) • Location of proposed building on lot (include dimensions to property lines) ✓ • Fencing (proposed and existing) ✓ 1 • Date, scale, north arrow, and proiect name 1-:::_ < ,: I 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org *Once an application is accepted, staffwill contactyou to letyou know how many additional copies ofplans are required. All plans are required to be olded to 8 %" x 11 " size. ACHD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this application. All impact fees, if any, shall be paid prior to the issuance of a buildingpermit, If any changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning & Zoning Departmentfor approval prior to the issuance of a buildingpermit. Your buildingpermit will not be issued until ACHD has approved your plans and all associated fees have been paid 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 2111/2010) • Names, addresses, and telephone numbers of the developer and the person and/or firm preparing the plan / • Stamp/signature of a landscape architect, landscape designer, or qualified nurseryman preparing the plan • Existing natural features such as canals, creeks, drains, ponds, wetlands, floodplains, high groundwater areas, and rock outcroppings • Location, size, and species of all existing trees on site with trunks 4 inches or greater in diameter, measured 6 inches above the ground. Indicate whether the tree will be retained or removed • A statement of how existing healthy trees proposed to be retained will be protected from damage during construction • Existing structures, planting areas, light poles, power poles, walls, fences, berms, parking and loading areas, vehicular drives, trash areas, sidewalks, pathways, stormwater detention areas, signs, street furniture, and other man-made elements • Existing and proposed contours for all areas steeper than 20% slope. Berms shall `, r/'fit be shown with one-foot contours • Sight Triangles as defined in 11-3A-5 of this ordinance. • Location and labels for all proposed plants, including trees, shrubs, and groundcovers (trees must not be planted in City water or sewer easements). Scale shown for plant materials shall reflect approximate mature size • A plant list that shows the plant symbol, quantity, botanical name, common name, minimum planting size and container, tree class (I, II, or III), and comments (for to ` spacing, stakin and installation as appropriate) 1/ • Planting and installation details as necessary to ensure conformance with all N required standards PJA • Design drawing(s) of all fencing proposed for screening purposes • Calculations of project components to demonstrate compliance with the requirements of this ordinance, including: ➢ Number of street trees and lineal feet of street frontage ➢ Width of street buffers (exclusive of right-of-way) ➢ Width of parking lot perimeter landscape strip ➢ Buffer width between different land uses (if applicable) ➢ Number of parking stalls and percent of parking area with internal landscaping ➢ Total number of trees and tree species mix ➢ Mitigation for removal of existing trees, including number of caliper inches being removed Reduction of the landscape plan 8 '/2" x 11" Building elevations showing construction materials — * 1 co folded to 8 '/2" x 11" size r..1 Reduction of the elevations 8 '/2" x 11" Electronic version of the site plan, landscape plan, & building elevations in pdf format submitted on a disk with the files named with project name & plan type (i.e. site plan, landscape plan, elevations, etc.. We encourage you to submit at least one color version. O/A If applying for approval of a public school, provide additional information as required by the Public School Facility supplemental checklist per 67-6519 ✓ Fee f this project had prior approval on a site plan, reduced fees may a 1 *Once an application is accepted, staffwill contactyou to letyou know how many additional copies ofplans are required. All plans are required to be olded to 8 %" x 11 " size. ACHD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this application. All impact fees, if any, shall be paid prior to the issuance of a buildingpermit, If any changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning & Zoning Departmentfor approval prior to the issuance of a buildingpermit. Your buildingpermit will not be issued until ACHD has approved your plans and all associated fees have been paid 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 2111/2010) Type of Review Requested (check all that apply) ❑ Accessory Use ❑ Alternative Compliance Certificate of Zoning Compliance ❑ Certificate of Zoning Compliance Verification ❑ Conditional Use Permit Minor Modification ❑ Design Review ❑ Private Street ❑ Property Boundary Adjustment ❑ Time Extension (Director) ❑ Vacation ❑ Other Information Applicant name: Planning Department ADMINISTRATIVE REVIEW APPLICATION Phone: Applicant address: 10964, Lo. KM E L1 • 1pke- Zip: $�&ic>4 Applicant's interest in property: KOwn ❑ Rent ❑ Optioned ❑ Other Owner name: qv@% + &min kz-Phone:&M ' Owner address: wqc(o to• �qx CT. &0� Zip: OV LC4 Agent name (e.g., architect, engineer, developer, representative): EEAO� tt Firm name: LJ�a`�"-' A"CTE.clS Phone: Address: 2(C> PIMkAl - GkSe- Zip: Primary contact is: ❑ Applicant ❑ Owner 04Agent ❑ Other Contact name:__ T,�IWVSN� E-mail: 4rtw q rc j C . kap , ne- Information Location/street address: Assessor's parcel number(s): ��29-1aZd Township, range, section: Current land use: VACAt-11 TNI(rt EX Total acreage: Phone: �m' 7562 Fax: I�S$ ' DZZq- Current zoning district: C ,G 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org I (Rev. 1114108) lam►' Project/subdivision name:. General description of pito Proposed zoning district(s): Acres of each zone proposed: project/request: CC— Type of use proposed (check all that apply): ❑ Residential Wommercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable):, Who will own & maintain the pressurized irrigation syste in this development? Which irrigation district does this roperty lie within? �q meray>li� Primary irrigation source: C Secondary: C I Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of common and/or other lots: Number of building lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): Percentage of open space provided: Percentage of useable open space: 2 or more Bedrooms: Proposed building height: _ Average property size (s.f.): Net density (DU/acre-excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor area proposed: Existing (if applicable): 2 S. Hours of operation (days and hours): M-' Jp' (= Building height: 221 = E Percentage of site/project devoted to the following: Landscaping: . Building: Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: Number of compact spaces provided: — Authorization Print applicant name: G E AN D T. x C )J 4 n Aly Applicant signature: TXk�- p—� �" ��^-� — Date: -3 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 LARSON ARCHITECTS, P.A. 210 Murray Street Boise, Idaho 83714 tel. 208.376.7502 fax 208.658.0224 March 3, 2010 City of Meridian Planning Department, Ste. 210 33 E. Broadway Avenue Meridian, Idaho 83642 RE: 1321 N. Main Street Dear Planner, Please find attached a site showing a proposed exterior change to an existing building located at 1321 N. Main Street. The applicant is proposing to install an ADA ramp at the South side of the existing structure. The building is used for commercial tenant space and currently has no accessible entries. In addition to this change, the applicant, proposes to modify an exterior door, enlarging it slightly to accommodate ADA requirements. No other exterior changes or interior changes are proposed. Two buildings currently exist on site. The front building, 1321 N. Main, is the subject of this CZC request. There are currently 5 existing parking spaces behind this building, one of which is accessible. As part of this request the applicant proposes to designate an accessible route from the existing accessible parking stall to the proposed ramp. The existing parking lot has a concrete surface. No landscape changes are proposed, all existing landscaping is to remain. Access to the site is to the site is from Main Street on the South side of the property as a one-way entrance. A one way exit lane exists on the North side of the property. The West side of the property is currently a gravel, all weather surface. Thank you for considering this request for a CZC. Please let us know if you have any questions or if you need additional information. Sincerel , R. Damon Beard Larson Architects, P.A. 210 Murray St. Boise, Idaho 83714 ytior - ��G S -r q- ss x �b (o D ADA COUNTY RECORDER J. DAVID NAVARRO . AMOUNT 18.00 , 6 BOISE IDAHO 06128106 04:21 PM DEPUTY Neave Haney RECORDED -REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIAIIII II I First American 106102448. Space Above This Line For Recording Data DEED OF TRUST DATE AND'PARTIES. The date of this Deed Of Trust (Security Instrument) is June 26, 2006. The parties and their addresses are: GRANTOR: GERALD T KEULMAN HUSBAND 4831 SKYLINE DR EAGLE, Idaho 83616 GLORIA A KEULMAN WIFE 4831 SKYLINE DR EAGLE, Idaho 83616 TRUSTEE: FIRST AMERICAN TITLE COMPANY OF IDAHO a Corporation 7311 Potomac Boise, Idaho 83704 LENDER: SYRINGA BANK Organized and existing under the laws of Idaho P.O.. Box 7557 Boise, Idaho 83707 1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debts and Grantor's performance under this Security Instrument, Grantor irrevocably grants, bargains, sells and conveys to Trustee, in trust for the benefit of the Lender, with power of sale, the following described property: The East 1/2 (one half) of the North 1/2 (one half), except the East 122 feet, of Block 3 of AMENDED PLAT OF F.A. NOURSE'S THIRD ADDITION TO MERIDIAN, according to the plat thereof, filed in Book 7 of Plats at Page 299, Records of Ada County, Idaho. The property is located in ADA County at 1323 N MAIN ST, MERIDIAN, Idaho 83642. Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion payments or third party payments made to crop producers and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described (all referred to as Property). This Security Instrument will remain in effect until the Secured Debts and all underlying agreements have been terminated in writing by Lender. 2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time will not exceed $407,000.00. This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in following: A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and replacements. A promissory note or other agreement, No. 115560001, dated June 26, 2006, from Grantor to Lender, with a loan amount of $407,000.00 and maturing on July 10, 2021. GERALD T KEULMAN Initials Idaho Deed Of Trust Page 1 IDl4Xcbergey00937100008187014082308Y 01998 Bankers Systems, Inc., St. Cloud, MN 1545jPW B. All Debts. AD present and future debts from Grantor to Lender, even if this Security Instrument is not specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than one person signs this Security Instrument, 'each agrees that it will secure debts incurred either individually or with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a commitment to make additional or future loans or advances. Any such commitment must be in writing. In the event that Lender fails to provide any required notice of the right of rescission, Lender waives any subsequent security interest in the Grantor's principal dwelling that is created by this Security Instrument. This Security Instrument will not secure any debt for which a non -possessory, non -purchase money security interest is created in "household goods" in connection with a "consumer loan," as those terms are defined by federal law governing unfair and deceptive credit practices. This Security Instrument will not secure any debt for which a security interest is created in "margin stock" and Lender does not obtain a "statement of purpose," as defined and required by federal law governing securities. C. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security Instrument when the evidence of indebtedness specifically states that it is secured by this Security Instrument. 4. PAYMENTS. Grantor agrees that all payments under the Secured Debts will be paid when due and in accordance with the terms of the Secured Debts and this Security Instrument. Grantor acknowledges that the interest rate, payment terms, or balance due on the loan may be indexed, adjusted, renewed or renegotiated. 5. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to irrevocably grant, bargain, sell and convey the Property in trust to Trustee, with power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances of record. S. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Grantor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Grantor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. 7. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Grantor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Grantor's payment. Grantor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Grantor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Grantor may have against parties who supply labor or materials to maintain or improve the Property. S. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. 9. WARRANTIES AND REPRESENTATIONS. Grantor has the right and authority to enter into this Security Instrument. The execution and delivery of this Security Instrument will not violate any agreement governing Grantor or to which Grantor is a party. I 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will keep the Property in good condition and make all repairs that are reasonably necessary. Grantor will not commit or allow any waste, impairment, or deterioration of the Property. Grantor will keep the Property free of noxious weeds and grasses. Grantor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Grantor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Grantor will notify Lender of all demands, proceedings, claims, and actions against Grantor, and of any loss or damage to the Property. No portion of the Property will be removed, demolished or materially altered without Lender's prior written consent except that Grantor has the right to remove items of personal property comprising a part of the Property that become worn or obsolete, provided that such personal property is replaced with other personal property at least equal in value to the replaced personal property, free from any title retention device, security agreement or other encumbrance. Such replacement of personal property will be deemed subject to the security interest created by this Security Instrument. Grantor will not partition or subdivide the Property without Lender's prior written consent. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender will give Grantor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property will be entirely for Lender's benefit and Grantor will in no way rely on Lender's inspection. 11. AUTHORITY TO PERFORM. If Grantor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Grantor appoints Lender as attorney in fact to sign Grantor's name or pay any amount necessary for performance. Lender's right to perform for Grantor will not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to IL. VLF AVe.r. v1e111av- VYlrl Vo ut uo,aY,• n ."Y — '— wnwvu.y vv...... A. Payments. Grantor fails to make a payment in full when due. B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf of, application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of, the GERALD T KEULMAN Idaho Deed Of Trust Initials ID/4XcbergeyOO93710000618701408230BY 01996 Bankers Systems, Inc., St. Cloud, MN Fes" Pepe 2 voluntary or involuntary termination of existence by, or the commencement of any proceeding under any present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by or against Grantor, Borrower, or any co-signer, -endorser, surety or guarantor of this Security Instrument or any other obligations Borrower has with Lender. C. Death or Incompetency. Grantor dies or is declared legally incompetent. D. Failure to Perform. Grantor fails to perform any condition or to keep any promise or covenant of this Security Instrument. E. Other Documents. A default occurs under the terms of any other document relating to the Secured Debts. F. Other Agreements. Grantor is in default on any other debt or agreement Grantor has with Lender. G. Misrepresentation. Grantor makes any verbal or written statement or provides any financial information that is untrue, inaccurate, or conceals a material fact at the time it is made or provided. H. Judgment. Grantor fails to satisfy or appeal any judgment against Grantor. I. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority. J. Name Change. Grantor changes Grantor's name or assumes an additional name without notifying Lender before making such a change. K. Property Transfer. Grantor transfers all or a substantial part of Grantor's money or property. This condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained in the DUE ON SALE section. L. Property Value. Lender determines in good faith that the value of the Property has declined or is impaired. M. Insecurity. Lender determines in good faith that a material adverse change has occurred in Grantor's financial condition from the conditions set forth in Grantor's most recent financial statement before the date of this Security Instrument or that the prospect for payment or performance of the Secured Debts is impaired for any reason. 13. REMEDIES. On or after default, Lender may use any and all remedies Lender has under state or federal law or in any document relating to the Secured Debts. Any amounts advanced on Grantor's behalf will be immediately due and may be added to the balance owing under the Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that may be available on Grantor's default. Subject to any right to cure, required time schedules or any other notice rights Grantor may have under federal and state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts immediately due and foreclose this Security Instrument in a manner provided by law upon the occurrence of a default or anytime thereafter. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are filed will not constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising any remedy, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. 14. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law, Grantor agrees to pay all expenses of collection, enforcement or protection of Lender's rights and remedies under this Security Instrument or any other document relating to the Secured Debts. Grantor agrees to pay expenses for Lender to inspect and preserve the Property and for any recordation costs of releasing the Property from this Security Instrument. Expenses include, but are not limited to, attorneys' fees, court costs and other legal expenses. These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terms i of the Secured Debts. In addition, to the extent permitted by the United States Bankruptcy Code, Grantor agrees to pay the reasonable attorneys' fees incurred by Lender to protect Lender's rights and interests in connection with any bankruptcy proceedings initiated by or against Grantor. 15. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, i 42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and 12) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or "regulated substance" under any Environmental Law. Grantor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or about the Property, except in the ordinary course of business and in strict compliance with all applicable Environmental I Law. B. Except as previously disclosed and acknowledged in writing to Lender, Grantor has not and will not cause, contribute to, or permit the release of any Hazardous Substance on the Property. i C. Grantor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance occurs remedial action in accordance with Environmental Law. D. Except as previously disclosed and acknowledged in writing to Lender, Grantor has no knowledge of or reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Grantor or any GERALD T KEULMAN Initials Idaho Deed Of Trust I0/4XeWrgeyO0937100008187O140823O8Y 01998 Bankers systems, Inc., St. Cloud, MN Fri¢ '� Page 3 ' tenant of any Environmental Law. Grantor will immediately notify Lender in writing as soon as Grantor has reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an event, Lender has the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any documents relating to such proceedings. E. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant have been, are and will remain in full compliance with any applicable Environmental Law. as previously disclosed and acknowledged F. Except ledged in writing to Lender, there are no underground storage der the Property and no such tank, dump or well will be tanks, private dumps or open wells located on or un added unless Lender first consents in writing. G. Grantor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied with. H. Grantor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property and review all records at any reasonable time to determine (1) the existence, location and nature of any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any Hazardous Substance that has been released on, under or about the Property; or 13) whether or not Grantor and any tenant are in compliance with applicable Environmental Law. 1. Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a qualified environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's approval. J. Lender has the right, but not the obligation, to perform any of Grantor's obligations under this section at Grantor's expense. K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Grantor will indemnify and hold Lender and Lender's successors or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's successors' or assigns may sustain; and (2) at Lender's discretion, Lender may release this Security Instrument and in return Grantor will provide Lender with collateral of at least equal value to the Property without prejudice to any of Lender's rights under this Security Instrument. L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of this section will survive any foreclosure or satisfaction of this Security Instrument regardless of any passage of title to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the contrary are hereby waived. 16. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Grantor authorizes Lender to intervene in Grantor's name in any of the above described actions or claims. Grantor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds will be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 17. INSURANCE. Grantor agrees to keep the Property insured against the risks reasonably associated with the Property. Grantor will maintain this insurance in the amounts Lender requires. This insurance will last until the Property is released from this Security Instrument. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debts. Grantor may choose the insurance company, subject to Lender's approval, which will not be unreasonably withheld. All insurance policies and renewals will include a standard "mortgage clause" and, where applicable, "loss payee clause." If required by Lender, Grantor agrees to maintain comprehensive general liability insurance and rental loss or business interruption insurance in amounts and under policies acceptable to Lender. The comprehensive general liability insurance must name Lender as an additional insured. The rental loss or business interruption insurance must be in an amount equal to at least coverage of one year's debt service, and required escrow account deposits (if agreed to separately in writing). i Grantor will give Lender and the insurance company immediate notice of any loss. All insurance proceeds will be applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender acquires the Property in damaged condition, Grantor's rights to any insurance policies and proceeds will pass to Lender to the extent of the Secured Debts. Grantor will immediately notify Lender of cancellation or termination of insurance. If Grantor fails to keep the Property insured, Lender may obtain insurance to protect Lender's interest in the Property and Grantor will pay for the insurance on Lender's demand. Lender may demand that Grantor pay for the insurance all at once, or Lender may add the insurance premiums to the balance of the Secured Debts and charge interest on it at the rate that applies to the Secured Debts. This insurance may include coverages not originally required of Grantor, may be written by a company other than one Grantor would choose, and may be written at a higher rate than Grantor could obtain if Grantor purchased the insurance. Grantor acknowledges and agrees that Lender or one of Lender's affiliates may receive commissions on the purchase of this insurance. 18. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to Lender funds for taxes and Debts, Grantor does so only to convey Grantor's interest in the Property to secure payment of the Secured Debts and Grantor does not agree by signing this Security Instrument to be personally liable on the Secured Debts. If this Security Instrument secures a guaranty between Lender and Grantor, Grantor agrees to waive any rights that may GERALD T KEULMAN Idaho Deed O1 Trust initials _ 10/4Xcbergey00937100005187014052308V 01998 Bankers Systema, Inc., St. Cloud, MN E� er " Page 4 - prevent Lender from bringing any action or claim against Grantor or any party indebted under the obligation. These rights may include, but are not limited to, any anti -deficiency or one -action laws. 20. SUCCESSOR TRUSTEE. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor without any other formality than the designation in writing. The successor trustee, without conveyance of the Property, will succeed to all the title, power and duties conferred upon Trustee by this Security Instrument and applicable law. 21. WAIVERS. Except to the extent prohibited by law, Grantor waives all appraisement and homestead exemption rights relating to the Property. 22. DECLARATION. Grantor declares that the Property is either not more than forty acres in area or that the Property is located within an incorporated city or village. 23. APPLICABLE LAW. This Security Instrument is governed by the laws of Idaho, the United States of America, and to the extent required, by the laws of the jurisdiction where the Property is located, except to the extent such state laws are preempted by federal law. 24. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Grantor's obligations under this Security Instrument are independent of the obligations of any other Grantor. Lender may sue each Grantor individually or ' together with any other Grantor. Lender may release any part of the Property and Grantor will still be obligated i under this Security Instrument for the remaining Property. Grantor agrees that Lender and any party to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Grantor's consent. Such a change will not release Grantor from the terms of this Security Instrument. The .duties and benefits of this Security Instrument will bind and benefit the successors and i assigns of Lender and Grantor. 26. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or modified by oral agreement. No amendment or modification of this Security Instrument is effective unless made in writing i and executed by Grantor and Lender. This Security Instrument and any other documents relating to the Secured Debts are the complete and final expression of the agreement. If any provision of this Security Instrument is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. 26. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. 27. NOTICE, FINANCIAL REPORTS. ADDITIONAL DOCUMENTS AND RECORDING TAXES. Unless otherwise ' required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one Grantor will be deemed to be notice to all Grantors. Grantor will inform Lender in writing of any change in ' Grantor's name, address or other application information. Grantor will provide Lender any financial statements or i information Lender requests. All financial statements and information Grantor gives Lender will be correct and complete. Grantor agrees to pay all expenses, charges and taxes in connection with the preparation and recording of this Security Instrument. Grantor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Grantor's obligations under this Security Instrument and to confirm Lender's lien status on any Property, and Grantor agrees to pay all expenses, charges and taxes in connection with the preparation and recording thereof. Time is of the essence. 28. AGREEMENT TO ARBITRATE. Lender or Grantor may submit to binding arbitration any dispute, claim or other matter in question between or among Lender and Grantor that arises out of or relates to this Transaction (Dispute), except as otherwise indicated in this section or as Lender and Grantor agree to in writing. For purposes of this section, this Transaction includes this Security Instrument and any other document relating to the Secured Debts, and proposed loans or extensions of credit that relate to this Security Instrument. Lender or Grantor will not arbitrate any Dispute within any "core proceedings" under the United States bankruptcy laws. Lender and Grantor must consent to arbitrate any Dispute concerning the Secured Debt secured by real estate at the time of the proposed arbitration. Lender may foreclose or exercise any powers of sale against real property securing the Secured Debt underlying any Dispute before, during or after any arbitration. Lender may also enforce the Secured Debt secured by this real property and underlying the Dispute before, during or after any arbitration. i Lender or Grantor may, whether or not any arbitration has begun, pursue any self-help or similar remedies, including taking property or exercising other rights under the law; seek attachment, garnishment, receivership or other provisional remedies from a court having jurisdiction to preserve the rights of or to prevent irreparable injury to Lender or Grantor; or foreclose against any property by any method or take legal action to recover any property. Foreclosing or exercising a power of sale, beginning and continuing a judicial action or pursuing self-help remedies will not constitute a waiver of the right to compel arbitration. The arbitrator will determine whether a Dispute is arbitrable. A single arbitrator will resolve any Dispute, whether individual or joint in nature, or whether based on contract, tort, or any other matter at law or in equity. The arbitrator may consolidate any Dispute with any related disputes, claims or other matters in question not arising out of this Transaction. Any court having jurisdiction may enter a judgment or decree on the arbitrator's award. The judgment or decree will be enforced as any other judgment or decree. Lender and Grantor acknowledge that the agreements, transactions or the relationships which result from the agreements or transactions between and among Lender and Grantor involve interstate commerce. The United InSTrumeni, Will govern ins Selecuon OT ins arOltratul allu tllu alunittuutl Frtuacaa, ut 11000 vu,0/w,00 ay, oou w n, ti Security Instrument or another writing. 29. WAIVER OF TRIAL FOR ARBITRATION. Lender and. Grantor understand that the parties have the right or opportunity to litigate any Dispute through a trial by judge or jury, but that the parties prefer to resolve Disputes GERALD T KEULMAN Idaho Deed Of Trust Inhials ID/4Xcbergey00937100008187014002305Y 01990 Bankers Systems, Inc., ST. Cloud, MN Fx Page 5 through arbitration Instead of litigation. if any Dispute is arbitrated, Lender and Grantor voluntarily and knowingly waive the right to have a trial by jury or judge during the arbitration. SIGNATURES. By signing, Grantor agrees to the terms and covenants contained in this Security Instrument. Grantor also acknowledges receipt of a copy of this Security Instrument. GRANTO GERALD T KEULMAN Individ all ORIA A KEULMAN ndividually ACKNOWLEDGMENT. (Indiv'duall l a'1 `-• OF V- G� OF �/ ' �` ss. Onthis 2 *" day of �''�wn-� o� o . before me a Notary Public, personally appeared GERALD T KEULMAN , HUSBAND, and LORIA A K UL AN WIFE, known or identified to .me (or proved to me on the oath of ), to be the persons) w se name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed rV me. �J My commission expires: 1//t'/0 "1 Q (, MA_ REQUEST FOR RECONVEYANCE (Not to be completed until paid in full) TO TRUSTEE: The undersigned is the holder of the note or notes secured by this Security Instrument. Said note or notes, together with all other indebtedness secured by this Security Instrument, have been paid in full. You are hereby directed to cancel this Security Instrument, which is delivered hereby, and to reconvey, without warranty, all the estate now held by you under this Security Instrument to the person or persons legally entitled thereto. (Authorized Lender Signature) (Date) GERALD T KEULMAN Idaho Dead Of Trust Initials ID/4Xcberpey00937100006187014062308Y 01996 Bankers Systema, Inc., St. Cloud. MN Pape 6 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) JSZ3 I, Cemlcl T. ke.u,l man 13 a 1 N . Main aN-,eee,+ (name) (address) Aeri cit" T D (city) (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: -P4rnon—Seal'cA L w,6en AAA-b�% s,^'tA, Zto Nlu.eea.y g`�•, otse, �D �3`7ty (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this �'A day of H ar ck) .20 1 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. ,'9991/15111.1,, � 1OT AR 1, (Notary Public for Idaho .. * ; • + C 0 b Residing at: . • pUB�,l .� R Of ••••8/1919600• My Commission Expires: SQL- L'' \!'A 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 2/11/2010) s=.l Sec.l2 ro — 289. M ERI PIAN, I DAHO, IN--NW.Y�of 5-7. r:b N,R.1 E•&N. $uu YOolt+e I inq. G. G�cXIa/. Suavryx. see.6 I Yw`r Yr,. aft �nvc.6y�iss��o�rse:et> � — �,,a � .1.Lt.2'g"-A.A.IYcu•�y a.w. af✓oawwa/�S/i. /.e. aGw:..%ti �..'wr f •Cay.C,'d w:t: Cs�..ta1G..uvr.&.w.�trsn(?•is. Aff sec-7�oY.«..�s..#..•�'pe ..-:+YLurd,!'-.�7tEd�C.rB✓e.:oonA,�Y Aftf 4- e...c �c ss zw- �- ...3 s µ swA. iA � R• � %� •' a`ti' y -sem Aur%lop Ms g4lnws e�1sY�gs- .a. y� � a/et�r..L.•t Q. sC 4tfars'.w?Sl awiA. I tr.0-- a/saly aLri.�..L � G %�s+.Qi�wt` I P oupSes je-Como ,�oo,T,on I r I p oUR5eS . I ge�oun C, > WIE R,IDIAN.- IDAHO Meridian Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 PW100 FORMPh: (208) 887-2211: Fax: (208) 887-1297' www.meridiancity.org! Date: 2/28/11 The following property has been researched by The City of Meridian Public Works Department. Project Name: CONSIGNMENT DESIGN TI Address: 1321 N. Main St. Zip Code: 83642 Note: Occupying building closest to Main St. on a parcel addressed as 1323 N. Main St. (Parcel #116129020341) 1) The address has been assigned based on available information. This address should be considered temporary (Development process has not been completed, so the address may change) 2) This address will be required to connect to municipal services. Water and Sewer mains are available for connection to the Municipal System. This property does not currently have services available. (Development process has not been completed) 3) _X_ This is an existing structure that is connected to municipal services. EACH SET OF PLANS WILL BE REQUIRED TO CLEARLY REFLECT THE CORRECT ADDRESS AND SUITE NUMBER (IF APPLICABLE). Terri` Ricks Land Development Services tricks@meridiancity.org i+�uc�mw�u�agrr/a�mr.m.WvnayO+.n,.r.a.aNuh. »,..re,.n p.pwW iaaau.s Nidw •K i 71 Y � y ".VA-S,w (for) mare wwil %W was mar oar owo ` w"Um Mrry aw wnr r• wwww 1mull NM N tall Tl WE11S3Q Pw 1N3"NOISNOJ ]i s� I1 'Pd 81081 "v u AM'F y i+�uc�mw�u�agrr/a�mr.m.WvnayO+.n,.r.a.aNuh. »,..re,.n p.pwW iaaau.s Nidw •K i 71 Y � y C � . I 7 T IX s 4mI tii �4 L4 M&r © U&N A?4ff LyX LII WWW Or Or V UO/II 7IDI01 10 W- -NO- MLR U d=& Larson Architects, P.A. > ' CONSIGNMENT and DESIGN T1 AWAA h— —d ,..f X.Mb J% -W 1321 N. MAN STREET Seo 2f11rriy save MERDUN, IDAHOBoal, IdL%o 827H (202) 878-1902