MS Administrative ServicesHUB OF TREASURE VALLEY
MAYOR A Good Place to Live LEGAL DEPARTMENT
(208) 466-9272 • Fax 466405
Robert D. Come CITY OF MERIDIAN PUBLIC WORKS
~~ ~OUN~~ MEMBERS BUILDING DEPARTMENT
Keith Bird 33 EAST IDAHO (208) 887-2211 • Fax 887-1297
Tammy deWeerd MERIDIAN, IDAHO 83642
Cherie McCandless (208) 888-4433 • FAX (208) 887-4813 PLANNING AND ZONING
DEPARTMENT
William L.M. Nary City Clerk Office Fax (208) 888-4218 (208) 884-5533 • FAX 888-6854
CERTIFICATE OF ZONING COMPLIANCE*
Date: December 18.2003
Project Name: MS Administrative Services Inc.
Project Address: 3451 E Copier Point Dr Lot 10 Block 11 Silverstone Subdivision Phase 2
Proposed Use: 16 840 sq ft Two-StorXProfessional Office Building
Owner: Montoya Enterorises LLC
Applicant: Heartland Construction, LLC (Contact- George Tanstrum, 939-2808)
Zoning:
Comments:
Conditions of Approval: Project is subject to all current City ordinances and conditions of approval
for Silverstone Corporate Center #2 CUP, Silverstone Corporate Center Development
Agreement and Final Plat (File #FP-02-007).
Apyroved Plan: The.. Site Plan (Sheet SP-1, dated 10-27-03), stamped approved 12/18/03, is
approved. Note the redline comment to add. an internal planter. This CZC only approves
Phase 1 construction. A new CZC must be obtained for Phase II and the two, future pad sites
shown on the west boundary.
Lot Line Ad,~ustment: The west property line of the site was adjusted through ROS No. 6176
(instrument #103092778), recorded June 5, 2003.
Si ~a e: No signs are approved with this CZC. All signs will require a separate sign permit in
compliance with the sign ordinance and the approved Planned Sign Program.
Landscaping: The Landscape Plan is approved per the plan stamped 12/18/03. Note the redline
comment to add two (2) trees to the southwest perimeter planter and two (2) trees to a new
internal parking planter.
Irri ag tion: An underground, pressurized irrigation system must be installed to all landscape areas per
the specifications provided.
Curbirla: Per Ordinance 12-13-7-9, all landscape areas adjacent to driveways, parking lots, or other
vehicle use areas, must be protected by curbing, wheel stops, or other approved protective
devices. Curbing maybe cut, if necessary, to allow for storm water runoff.
Protection of Any Existing T, tees: Any existing trees on site must be protected in accordance with
the Tree Preservation section of the City's Landscape Ordinance.
._ _ • ~
P~ O~ street parking is approved as shown on the approved site plan. Drive aisles must be at
least 25 feet wide (MCC 11-13-5). Standard parking stalls shall be at least 9 x 19. Project
engineer/architect shall certify that the number and size of handicap-accessible spaces
conforms to the Americans with Disabilities Act (ADA). Handicap accessible stalls must have
signage in accordance per ADA. The 13 spaces in a row shown in front of the building were
approved as an `alternative compliance' per the approved CUP.
Sidew s: All internal sidewalks shall be constructed as submitted and in accordance with the
Meridian City Code requirements (MCC' 12-5-2. K:J. Sidewalks shall be constructed prior to
occupancy.
Drai~e: No storm water.drainage-swales ~e depicted on the submitted site or landscape plans. if
any storm water drainage swales aze required, they shall not have a slope steeper than 3:1,
shall be fully vegetated, and shall be designed incompliance with Meridian City Code 12-13-
14-2.
Li htin :Lighting shall not cause glare or impact the traveling public or neighboring development.
Trash Enclosure: All dumpsters must be screened from view and not be visible by the public or from
adjacent properties. Trash enclosure must be built in the location and size as approved by
SSC. See Meridian City Code 11-12-1.C. for enclosure requirements.
ACHD Acceptance: Applicant shall be responsible for meeting the requirements of ACHD as they
pertain to this development. All impact fees, if any, shall be paid prior to the issuance of a
building permit. If any changes must be made to the site plan to accommodate the ACRD
requirements, a new site plan shall be submitted to the City of Meridian Planning and Zoning
stafffor approval prior to the issuance of a building permit.
Certificate of Occupancy: All required improvements must be complete prior to obtauvng a
Certificate of Occupancy. A Temporary Certificate of Occupancy may be obtained by
providing surety to the City in the form of a Letter of Credit or cash in the amount of 110%
of the cost of the remaining improvements. A bid must accompany any request for
Temporary Occupancy. No occupancy will be granted until the final plat for the property is
recorded.
Plan Modifications: The approved Site Plan and Landscape Plan are not to be altered without prior
written approval of the Planning & Zoning Department. No significant field changes to the
site or landscape plans are permitted; prior written approval of all changes is required.
Brad Hawkins-Clark
Principal City Planner
*This letter does not indicate compliance with rgquirgmgnts of other departm~rtts/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, Sanitary Services Co., etc. This letter shall expire one (1) yeaz from the date of
issuance if work has not begun.
• CITY OF MERIDIAN
Planning & Zoning Department '
660 E. Watertower Ln., Ste. 202, Meridian, ID 83642
(208)884-5533 Phone / (208)888-6854 Fax _ D -~`1~l
CERTIFICATE OF ZONING COMPLIANCE (CZC) APPLICATION
(Section 11-19-1, Zoning and Development Ordinance)
PROJECT NAME: New Building For• MS Administrative Services Inc.
APPLICANT: Heartland Construction,,,LLC
ADDRESS: 1121 East State Street Suite 107 -Eagle Idaho 83616
P~-IONE: 5208) 939-2808 FAX: 5208) 939-5606 E-MAIL: rodatheartland(cr~,bitsmart.net
OWNER(S) OF RECORD:
o' ~' S C ,S
ADDRESS: 23 Z~ S' 1/;St~! ~s °i`/ C ~~~-~ ~Ui~e y~1.' ~ 37~_s
PHONE: 3 ~/~ Z J G ~I FAX: 3 ~7 O~ S'/ E-MAIL: ~ ~ Ur+~l,~ i/ ~ S/~~~i~ , ,r~,, c
ARCHITECT (IF DIFFERENT THAN APPLICANT): Larson Architects, P.A. (Cornel Larson)
ADDRESS: 210 Murray Street Boise Idaho 83714
PHONE: (208) 37b-7502 FAX: 658-0224 E-MAIL lararchs(a~mindsprin~.com
ADDRESS, GENERAL LOCATION OF SITI/: Lot 10 Block 11 of the Silverstone Sub. Phase 2
DESCRII'TION OF USE: Two Story Office Building
PRESENT ZONE CLASSIFICATION: C-G
I, 0 t~ ~ do hereby affirm that I will agree to pay any additional sewer, water or trash
fees or charges, if any, associth the use that Uwe have applied for, whether the use be residential, commercial
or industrial in nature. Furthermore, I have read the information contained herein and certify that the information is
true and correct.
/IJLI~„~
(Date)
Rc~r. l'?-l;''~3
CONTENTS OF CZC APPLICATION
(Incomplete applications wild not be processed)
An application for a Certificate of Zoning Compliance shall be filed with the Planning and Zoning
staff by the owner of the properly or the applicant of the proposed use. The application shall contain
the following inforniation:
Completed and signed CZC application form.
x The last deed of record for the subject property.
;~ Notarized Affidavit of Legal Interest (attached).
~:" Four (4) copies of a detailed site plan, drawn to a scale of not less than 1"=50'. Also
include Four (4) copies of an 8 %" x 11"reduction of the site plan.
5. Submit a scalable Vicinity Map of the subject property and surrounding properties (a map
mad be obtained from the Meridian Planning & Zoning Department).
,,,~ Three (3) copies of the landscape design in compliance with the Landscape Ordinance,
drawn to a scale of not less than 1"=50'. Also, include three (3) copies of an 8 '/~" x 11"
reduction. See attached landscape submittal requirements.
Three (3) copies of irrigation performance specifications in compliance with the Landscape
Ordinance. (Form attached)
.,5~ Written approval or a stamped site plan from Sanitary Service Company (SSC) indicating
that the designs of the trash enclosure and access drive are acceptable.
A calculations table that shall list the number of parking stalls, building size, lot size,
landscaping, open space, setbacks, fencing, screening and coverage.
10. A written statement from the applicant detailing the proposed use(s) of the property. Please
list as many details as possible.
~i : A fee of $60.00.
ACRD Acceptance: Applicant shall be responsible for meeting the requirements of ACRD as
they pertain to this application. All impact fees, if any, shall be paid prior to the issuance of a
building permit. If any changes must be made to the site plan to accommgdate the ACHD
requirements, a new site plan shall be submitted to the City of Meridian Planning & Zoning
Department for approval prior to the issuance of a building permit.
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Site Review/Conforming
Elements Comments Complete
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* Project must com ly with all ap roved ermits, Tats or Develo ment Agreements associated with the lot or arcel.
1. Completed & signed application form
2. Warranty deed -
3. Affidavit of Legal Interest (notarized) ~
4. Site Plan -scale not less than 1"=50'
(4) copies + (4 8 %z"x11" reductions
~'~
5. Vicinity Ma scalable L- ~ ~S, (~
6. Landscape Plan -scale not less than 1 "=50'
(3 co ies + 3 8 %i"x11" reductions
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7. Irrigation Performance Specifications
(3 co ies in com fiance w/ Landsca a Ord. ~~
8. Sanitary Service approval for trash
enclosure & access drive
.~...~.x - :~l~~
9. Calculations table listing # of parking
stalls, building size, lot size, landscaping, open
s ace, setbacks, fencin , screenin & covers e
10. Statement of proposed use of property Qt C~~ _~~ ~
11. Zoning District (permitted use, CUP,
AUP, variance, etc. CheckD/A, FF/CL~ _
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13. Landsca ing'
Must be in compliance with C.~ ~ (0 ~-1~ ~ `13Q, li ~ ~
the Landsca a Ordinance
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14.Off--Street Par ' y ~~~5 '~
a # of Stalls dimensions, etc) ~ `'"~ h /
b) Handicap Stalls (van accessible - 8
aisles - 8', signage) ~
c) Aisles (width - 25' new, 20' min. ex~ -
location
15. Trash Areas S~ ~, ~/
a Location ~/
b) 3-Side Screenin f
16. Under round Irri anon z ~/
17. Sidewalks/Paths ~
18. Lot Re uirements
a) Lot Area (note restrictions on use of
undevelo ed ortion o lot
"~
b Street Fronts e /
c Setbacks /
d Covers e r~5~/, ~/
19. Fencing ~y `p~
20. Fee of $60.00 ~
ACHD approval letter required for curb cuts, road widening, for all new projects.
' Trees must not be planted in City water or sewer easements.
z Pressurized irrigation can be waived by City Council only if no water rights exist to subject property or developer
deeds land to City for a well. City will permit one hook-up to municipal water for irrigation persite.
~,
~C Landscape Plan Submittal Regu•nents
Plan Size & Scale: The landscape plan must have a scale no smaller than 1 "=50' (1 "=20' is preferred) and be on a
standard drawing sheet, not to exceed 36"x48" (24"x36" is preferred). A plan which cannot be drawn in its entirety
on a single sheet must be drawn with appropriate match lines on two or more sheets.
Number of Copies: 3
Landscape Plan Preparation: Preparing a landscape plan requires special skills. Landscaping involves more than
a simple arrangement of plants with irrigation; plants are not haphazardly placed in a way that fills up leftover
space. Landscape plans should be artfully and technically organized in a way that conveys coherence, design, and
organization. The landscaping should enhance the physical environment as well as the project's aesthetic character.
Also, requiring plans prepared by a landscape professional minimizes the likelihood of trees dying or interfering
with other adjacent site features. Therefore, all landscape plans shall be prepared by a landscape designer, or
qualified nurseryman.
Item Comments
No. Description
1. Date, scale, north arrow, and title of the ro'ect.
2 Names, addresses and telephone numbers of the developer and the person/fum preparing the
plan.
3. Existing boundaries, roe lines, and dimensions of the lot.
4. Relationshi to adjacent roperties, streets, and rivate lanes.
5. Easements and right-of-wa lines on or adjacent to the lot.
6. Existin ro osed zoning of the lot, and the zoning and land use of all adjacent ro ernes.
~ Existing natural features such as canals, creeks, drains, ponds, wetlands, floodplains, high
groundwater azeas, and rock outcro ings.
Location, size, and species of all existing trees on site with trunks 4 inches or greater in
8. diameter, measured 6 inches above the ground. Indicate whether the tree will be retained or
removed.
9 A statement of how existing healthy trees proposed to be retained will be protected from
damage during construction.
Existing buildings, structures, planting areas, light poles, power poles, walls, fences, berms,
10. parking and loading areas, vehicular drives, trash areas, sidewalks, pathways, stormwater
detention areas, si ,street furniture, and other man-made elements.
11. Existing and proposed contours for all areas steeper than 20% slope. Berms shall be shown
with one-foot contours.
12. Si t Triangles as defined in Section 6 of this ordinance.
13. Location and labels for all proposed plants, including trees, shrubs, and groundcovers. Scale
shown for last materials shall reflect a roximate mature size.
A Plant List that shows the plant symbol, quantity, botanical name, common name, min;mum
14. planting size and container, and comments (for spacing, staking, and installation as
a ro riate .
15. Planting and installation details as necess to ensure conformance with all required standazds.
16. Desi drawings of all r aired structures for screening oses.
Calculations of project components to demonstrate compliance with the requirements of this
17 ordinance, includin
a. Number of street trees and lineal feet of street fronta e
b. Width of street buffers
c. Width of azking lot erimeter landsc a stri
d. Buffer width between different land uses
Number of pazking stalls and percent of pazking area with internal
e' landsca ing
f. Total number of trees and Trees ecies mix
g. Mitigation for removal of existin trees
CERTIFICATE OF ZONING COMPLIANCE & PLAN REVIEW CHECKLIST
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IRRI~TION PERFORMANCE SP~IFICATIONS
PER ORDINANCE 12-13-8
NOTE: Submit 3 copies pf this completed form with arty application for Certificate of Zoning Compliance (CZC).
Project Name: New Building_For• MS Administrative Services Inc
Specifications:
Available Gallons per Minute:
Available Water Pressure: CO~~~
Point of Connection (describe and/or submit a site plan):
• Primary Connection•
• Secondary Connection•
Landscape Area: If the irrigation system is hooked to Ciry water as a primary or secondary
water source, submit the square footage of landscape areas to be irrigated: 1 s.f.
t~ ~lna.$~ ~.
Backflow Prevention
A backflow prevention device must be installed as required by City Ordinance 9-3.
Coverage
The irrigation system must be designed to provide 100% coverage with head to head spacing
or triangular spacing as appropriate.
Matched Precipitation Rates
Sprinkler heads must have matched precipitation rates within each control valve circuit.
Irrigation Zones
Sprinkler heads irrigating lawn or other high-water-demand areas must be circuited so that
they are on a separate zone or zones from those irrigating trees, shrubs, or other reduced-
water-demand areas.
Overspray
Sprinkler heads must be adjusted to reduce overspray onto impervious surfaces such as
sidewalks, driveways, and parking areas.
Rey-. 1/2%03
..,
Additional Irrigatio~otes:
ration Required
All landscape areas regulated by the City Landscape Ordinance (12-13) shall be served with an
automatic underground irrigation system. Additional requirements affecting pressurized
irrigation systems can be found in City Ordinance 9-1-28.
Irrigation. Water Source
Use of non-potable irrigation water is required when determined to be available by the City
Public Works Department as regulated by City Ordinance 9-1-28. If city potable water is used, a
separate water meter is recommended so the owner can avoid paying sewer fees for irrigation
water. Potable water shall not be used as a primary imgation water source on non-residential lots
with more than 1/z acre of landscaping. Year round water availability is also required by
connecting to city potable water or an on-site well as a secondary source.
Certification:
I, CAE Ti~NsTt~ ~°Nl9 o hereby affirm that any irrigation system installed
for the project mentioned a ve will be designed and installed in compliance with the specifications
and notes stated in this form.
~~ ~!-CLS
Ap can i tore Date
Rev. 1 /2Ti03
Larson Architects, P.A. LETTER OF TRANSMITTAL
4rchi[eclure and Real Es[a[e PLanni>tg
Ph. (?08)376-7502 jcLrr (zos)sss- ozza
210 Murray Slreet
;DATE ;JOB. NO.
LZ' «-'~3 ___-_-
Boise, Idaho 8371 ~l ~ ATTENTION 2~1fl~I~ ~lA(...e~~Glrl~S ~~~~
RE:
M A ~ b-ro2,~c-~.. ~ -------
- ---
_~tw.~~~ Y~, ~~~~. fir.
WE ARE SENDING YOU ^Auached ^ Under separate cover via _ the following items:
^Shop Drawings Prints ^ Vellums ^ Material Samples ^ 8-I/2 x I I Drawing(s)
^Copy of Letter ^3 12" disk ^ Mylar/Am onia Mylar ^Cotored Rendering(s) ^ I I x 17 Drawing(s)
^Change Order ^ Calculations ^ Specifications ^ _
COPIES DATE NO. DESCRIPTION
Z -~/~ S -
THESE ARE TRANSMITTED as checked below:
for your approval ^ approved as submitted ^ resubmit copies for approval
^ for your use ^ approved so noted ^ submit copies for distribution
as requested ^ resumed For correction ^ return corrected prints
^ for your review and comment ^ Revised and Resubmit
^ FOR BIDS DUE ^ PRINTS RETURNED TO US AFTER LOAN TO US
REMARKS
---- --- --
- -----------
-- __ _- - -- - ~tf44L~~~
COPY TO: ~~~ - - _ SIGNED_~~~~--
ifenclosure are not noted, please notify us at once
,.e~ ^3 11u2~Fa T~EY'S LAND SURwEYIN6 ~385D696 p_ 1
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Larson Architects, P.A.
Architecture ¢nd Real Estate Planning
Ph. (208)376-7502 far; (208)658-0224
210 Murray Street
Boise, Idaho 83714
TO: ~' l c Y ~~ .A-l~~d~tab~
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LETTER OF TRANSMITTAL
DATE -0 JOB. NO.
ATTENTION
RE: ~~'L Q L . '~
WE ARE SENDING YOU ^ Attached ^ Under separate cover via
^Shop Drawings ^Prints ^ Vellums
^Copy of Letter ^3 I/2" disk ^ Mylar/Amonia Mylar
^Change Order ^ Calculations ^ Specifications
the following items:
^ Material Sam~~~8- mg(s)
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PLANNING & ZONING
COPIES DATE NO. DESCRIPTION
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THESE ARE TRANSMITTED as checked below:
^ for your approval
for your use
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^ for your review and comment
^ FOR BIDS DUE
REMARKS
copies for approval
copies for distribution
corrected prints
^ PRINTS RETURNED TO US AFTER LOAN TO US
COPY TO:
^ approved as submitted ^ resubmit
^ approved so noted ^ submit
^ returned for correction ^ return
^ Revised and Resubmit
SIGNED:
ifenclosure are not noted, please notify us at once
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FARMERS f~ MERCHANTS
80198 OFFICE _ STATi BANK
YOB N. 12TH 8TR68T
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NOU.10.2003' S~35PM CARSON ARCHITECTS N0.944 P.1
FACSIMILE COVER LETTER A~•~/liteclure ar~d ~tati ~'sta.te PCa,>tittii~u)
F~KON~' IVUMBEI~ (208) 376- 7502 ~ ~ ~ p Murray Street
FAX NCIMBER (208) 658-p224 ~ Boise, ,~cCaho 837 t
ATTENTION: DATE: ~, ~~
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TRANSMISSION INCLUDES COVER PAGE PLUS ~ ATTACHMENTS
PROJECT REFERENCE:
COMMENTS: , , _,.,~ t~ -~~ r ~d,G~vr,~,.e.~ r-r~-~-~ ~.~
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•
RECORDATION REQUESTED BY:
FARMERS & MERCHANTS STATE BANK
Boise
209 N 12th Street
P O Box 9242
Bolse,ID 83707-9242
WHEN RECORDED MAIL T0:
FARMERS & MERCHANTS STATE BANK
Boise
209 N 12th Street
P O Box 9242
Boise, ID 83707-9242
SEND TAX NOTICES TO:
MONTOYA ENTERPRISES LLC
2323 SOUTH VISTA AVE., STE 205
BOISE ID 83705 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
DEED OF TRUST
THIS DEED OF TRUST is dated September 30, 2003, among MONTOYA ENTERPRISES LLC, whose address is
2323 SOUTH VISTA AVE., BOISE, ID 83705 ("Grantor"); FARMERS & MERCHANTS STATE BANK, whose address
is Boise, 209 N 12th Street, P 0 Box 9242, Boise, ID 83707-9242 (referred to below sometimes as "Lender" and
sometimes as "Beneficiary"); and PIONEER TITLE COMPANY OF ADA COUNTY, whose address is 8151 W.
RIFLEMAN AVE. ,BOISE, ID 83704 (referred to below as "Trustee").
CONVEYANCE AND GRANT. For valuable consideration, Grantor does hereby Irrevocably grant, bargain, sell and convey In trust, with power
of sale, to Trustee for the benefit of Lender as Beneflclary, all of Grantor's right, title, and interest in and to the following described real property,
Together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all
water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real
property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in ADA County,
State of Idaho:
AS SET FORTH ON THE ATTACHED "EXHIBIT A", WHICH BY THIS REFERENCE IS MADE A PART HEREOF.
The Real Property or its address is commonly known as 3451 E. COPPER POINT DR., MERIDIAN, ID 83642.
Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and to all present and
future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the
Personal Property and Rents.
THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND..,THE SECURITY INTEREST IN THE RENTS AND PERSONAL
PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
UNDER THE NOTE, THE RELATED DOCUMENTS, ANO THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this Deed of
Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this Deed of Trust, and the
Related Documents.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the
following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use,
operate or manage the Property; and (3) collect the Rents from the Property. The following provisions relate to the use of the Property or to other
limitations on the Property. THE REAL PROPERTY EITHER IS NOT MORE THAN FORTY (40) ACRES IN AREA OR IS LOCATED WITHIN AN
INCORPORATED CITY OR VILLAGE.
Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance
necessary to preserve its value.
Compliance Wilh Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the
Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been,
except as previously disclosed io and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the
Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating
to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant,
contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state,
and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter
upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate io determine compliance of the
Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be
construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties
DEED OF TRUST
Loan No: 5411885912 (Continued)
Page
contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and
waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any
such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses
which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any
use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property,
whether or not the same was or should have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation
to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not
be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the
Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the
right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written
consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace
such Improvements with Improvements of at least equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to
Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in
effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With
Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding,
including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so, and so long as, in Lender's sole opinion,
Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably
satisfactory to Lender, to protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set
forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property.
DUE ON SALE -CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of
Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale
or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether
voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater
than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real
Property, or by any other method of conveyance of an interest in the Real Property. If any Grantor is a corporation, partnership or limited liability
company, transfer also includes any change in ownership of more than twenty-five percent (259'0) of the voting stock, partnership interests or limited
liability company interests, as the case may be, of such Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by
federal law or by Idaho law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and
sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services
rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of
Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust.
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to
pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen
(15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if
requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient
to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under
the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property.
Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or essessments and shall
authorize the appropriate governmental official to deliver to Lender at any time a written statemerit of the taxes and assessments against the
Property.
Notice of Construction. Grantor shall notity Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any
materials are supplied to the Property, if any mechanic's lien, matertalmen's lien, or other lien could be asserted on account of the work, services,
or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the
cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust.
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a
fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any
coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general
liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such liability
insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business intercuption, and boiler
insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender
and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to
time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished
without at least fifteen (15) days prior written notice to Lender. Each Insurance policy also shall Include an endorsement providing that coverage in
favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be
located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to
obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special
flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the properly securing the loan, up to the maximum policy
limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the
loan.
i ~ DEED OF TRUST
Loan No: 5411885912 (Continued) Page 3
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor
fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is Impaired, Lender may, at Lender's election, receive and
retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or
the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the
damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or
reimburse Grantor from the proceeds for the reasonable cost of repair or restoration If Grantor is not in default under this Deed of Trust. Any
proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the
Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any,
shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such
proceeds shall be paid to Grantor as Grantor's interests may appear.
Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each
existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the property insured,
the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy. Grantor
shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property.
LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails
to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due
any amounts Grantor Is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's behalf may (but shall not
be obligated to) take any action that Lender deems appropriate, Including but not limited to discharging or paying all taxes, liens, security interests,
encumbrances and other claims, et any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property.
All such expenditures incurced or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or
paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be
payable on demand; (t3) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become
due during either (1) the farm of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment
which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to
all other rights and remedies to which Lender may be entitled upon Default.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust:
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and
encumbrances other than those set forth In the Real Property description or in any title Insurance policy, title report, or final title opinion issued in
favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Grantor has the full right, power, and authority to execute and
deliver this Deed of Trust to Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warcants and will forever defend the title to the Property against the
lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender
under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender
shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will
deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation.
Compliance With Laws. Grantor warcants chat the Property and Grantor's use of the Property complies with all existing applicable laws,
ordinances, and regulations of governmental authorities.
Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Deed of Trust shall
survive the execution and delivery of this Deed of Trust, shall be continuing In nature, and shall remain in full force and effect until such time as
Grantor's Indebtedness shad be paid in full.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such
steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be
entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to
be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase
in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness
or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses,
and attorneys' fees Incurred by Trustee or Lender in connection with the condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees
and charges are a part of this Deed of Trust:
Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and take
whatever other action Is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all
taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation
all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust.
Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part
of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from
payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the
holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same
effect as an Event of Default, and Lender may exercise any or alt of its available remedies for an Event of Default as provided below unless Grantor
either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with
Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of
this Deed of Trust:
Security Agreement. This Instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall
DEED OF TRUST
Loan No: 5411885912 (Continued)
have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
Page 4
Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action is requested by Lender to
perfect and continue Lender's security Interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property
records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of
Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon
default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal
Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make It available to Lender
within three (3) ,days after receipt of written demand from Lender to the extent permitted by applicable law.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest
granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of
Trust.
FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Deed
of Trust:
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be
made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or
rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages,
deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates,
and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or
preserve (1) Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests
created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by
law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses Incurred in connection with the matters
refereed to in this paragraph.
Attorney-In-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor
and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the purpose of
making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to
accomplish the matters referred to in the preceding paragraph.
FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this
Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Grantor suitable statements
of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee
required by law shall be paid by Grantor, if permitted by applicable law.
EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust:
Payment Default. Grantor fails to make any payment when due under the Indebtedness.
Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or in
any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement
between Lender and Grantor.
Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in any of
the Related Documents. If such a failure is curable and if Grantor has not been given a notice of a breach of the same provision of this Deed of
Trust within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Grantor, after Lender sends written
notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days,
immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to
produce compliance as soon as reasonably practical.
Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any
other payment necessary to prevent filing of or to effect discharge of any lien.
False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Deed of
Trust or the Related Documents is false. or misleading in any material respect, either now or at the time made or furnished or becomes false or
misleading at any time thereafter.
Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any
collateral document to create a valid and perfected security interest or lien) at any time and for any reason.
bath or Insolvency. The dissolution of Grantor's (regardless of whether election to continue is made), any member withdraws from the limited
liability company, or any other termination of Grantor's existence as a going business or the death of any member, the insolvency of Grantor, the
appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the
commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness.
This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply
if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding
and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor
or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied
within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to
Lender, whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies
or becomes incompetent, or revokes or disputes the vaNdity of, or liability under, any Guaranty of the Indebtedness. In the event of a death,
Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the
guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
DEED OF TRUST
Loan No: 5411885912 (Continued) Page 5
Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance
of the Indebtedness is impaired.
Insecurity. Lender in good faith believes itself Insecure.
Right to Cure. If such a failure is curable and if Grantor has not been given a notice of a breach of the same provision of this Deed of Trust within
the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Grantor, after Lender sends written notice
demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) If the cure requires more than fifteen (15) days, immediately
initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce
compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise
any one or more of the following rights and remedies:
Notice of Default. In the Event of Default Lender shall execute or cause the Trustee to execute a written notice of such default and of Lender's
election to cause the Properly to be sold to satisfy the Indebtedness, and shall cause such notice to be recorded in the office of the recorder of
each county wherein the Real Property, or any part thereof, is situated.
Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make
expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform, shall not affect
Lender's right to declare a default and exercise its remedies.
Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately due
and payable, including any prepayment penalty which Grantor would be required to pay.
Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right io foreclose by notice and sale, and Lender shall
have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under
the Uniform Commeraal Code.
Collect Rents. Lender shall have the right, without notice to Grantor to take possession of and manage the Property and collect the Rents,
including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of
this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are
collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof
in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's
demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may
exercise its rights under this subparagraph either in person, by agent, or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to
protect and preserve the Property, to operate the Properly preceding foreclosure or sale, and to collect the Rents from the Property and apply the
proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law.
Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a
substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver.
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise
becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser
of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property
Immediately upon the demand of Lender.
Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or by law.
Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after
which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least
ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real
Property.
Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all rights to have the Property marshalled. In
exercising its rights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or separately, in one sale or by
separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of sale having been given as then
required by law, and not less than the time required by law Having elapsed, Trustee, without demand on Grantor, shall sell the property at the time
and place fixed by it in the notice of sale at public auction to the highest bidder for cash in lawful money of the United States, payable at time of
sale. Trustee shall deliver to the purchaser his or her deed conveying the Properly so sold, but without any covenant or warranty express or
implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness of such matters or facts. After deducting all
costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title and reasonable attorneys' fees, including those in
connection with the sale, Trustee shall apply proceeds of sale to payment of (a) all sums expended under this Deed of Trust, not then repaid with
interest thereon as provided in this Deed of Trust; (b) all Indebtedness secured hereby; and (c) the remainder, if any, to the person or persons
legally entitled thereto.
Attorneys' Fees; F~cpenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to
recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is
involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the
protection of Its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the
Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any
limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including
reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction),
appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure
reports), surveyors' reports, and appraisal fees, title Insurance, and fees for the Trustee, to the extent.permitted by applicable law. Grantor also will
pay any court costs, in addition to all other sums provided by law.
Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth In this section.
POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust:
` ~ DEED OF TRUST
Loan No: 5411885912 (COnftnUed) Page 6
Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with
respect to the Property upon the written request of Lender and Grantor: (a) join in preparing and filing a map or plat of the Real Property,
including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real Property;
and (c) join in any subordination or other agreement affecting this Deed of Trust or the Interest of Lender under this Deed of Trust.
Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien, or of any action
or proceeding in which Grantor, Lender, or Trustee shall be a party, unless the action or proceeding is brought by Trustee.
Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above,
with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to
foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law.
Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of
Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of ADA County, State of Idaho. The
Instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, and Grantor, the book and
page where this Deed of Trust is recorded, and the name and address of the successor trustee, and the instrument shall be executed and
acknowledged by Lender or its successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title,
power, and duties conferred upon the Trusteein this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern
to the exclusion of all other provisions for substitution.
NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall be
given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when
deposited wish a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail
postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any
lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any party may
change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to
change the party's address. For notice purposes, Grantor agrees to keep Lender Informed at all times of Grantor's current address. Unless otherwise
provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to
the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed
by the party or parties squght to be charged or bound by the alteration or amendment.
Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified
statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require.
"Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the
Property.
Arbitration. Grantor and Lender agree that all disputes, claims and controversies between them whether individual, Joint, or class in
nature, arising from this Deed of Trust or otherwise, Including without Ilmitation contract and tort disputes, shall be arbttraled pursuant to
the Rules of the American Arbitration Association in effect at the time the claim Is filed, upon request of either party. No act to take or
dispose of any Property shall constitute a waiver of this arbitration agreement or be prohibited by this arbitration agreement. This
Includes, without Ilmitation, obtaining Injunctive relief or a temporary restraining order; Invoking a power of sale under any deed of trust
or mortgage; obtaining a writ of attachment or Imposition of a receiver; or exercising any rights relating to personal property, Including
taking or disposing of such property with or without judicial process pursuant to Article a of the Uniform Commercial Code. Any
disputes, claims, or controversies concerning the lawfulness or reasonableness of any act, or exercise of any right, concerning any
Property, Including any claim to rescind, reform, or otherwise modlry any agreement relating to the Property, shall also be arbitrated,
provided however that no arbitrator shall have the right or the power to enjoin or restrain any act of any party. Judgment upon any award
rendered by any arbitrator may be entered in any court having jurisdiction. Nothing in this Deed of Trust shall preclude any party from
seeking equitable relief from a court of competent jurisdktlon. The statute. of limitations, estoppel, waiver, lathes, and similar doctrines
which would otherwise be applicable in an action brought by a party shall be applicable In any arbitration proceeding, and the
commencement of an arbitration proceeding shall be deemed the commencement of an action for these purposes. The Federal
Arbitration Act shall apply to the construction, Interpretation, and enforcement of this arbitration provision.
Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the
provisions of this Deed of Trust.
Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other Interest or estate in the Property at any
time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
Governing Law. This Deed of Trust will be governed by, construed and enforced In accordance with federal law and the laws of the State
of Idaho. This Deed of Trust has been accepted by Lender in the State of Idaho.
Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Ada County, State of
Idaho.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and
signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A
waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict
compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender
and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the
consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing
consent to subsequent Instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion
of Lender.
Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any
circumstance, that finding shalt not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the
offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified,
it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any
t
DEED OF TRUST
Loan No: 5411885912 (Continued) Page 7
provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust.
Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be
binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other
than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by
way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness.
Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of
Idaho as to all Indebtedness secured by this Deed of Trust.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically
stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in
the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this
Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
Beneficiary. The word "Beneficiary" means FARMERS & MERCHANTS STATE BANK, and its successors and assigns.
Borrower. The word "Borrower" means MONTOYA ENTERPRISES LLC and includes all co-signers and co-makers signing the Note.
Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all
assignment and security interest provisions relating to the Personal Property and Rents.
Default. The word "Default' means the Default set forth in this Oeed of Trust in the section titled "Default".
Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to
the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub.
L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery
Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto.
Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default section of
this Deed of Trust.
Grantor. The word "Grantor" means MONTOYA ENTERPRISES LLC.
Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness.
Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical
or infectious characteristics, may cause. or pose a present or potential hazard to human health or the environment when improperly used, treated,
stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very
broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the
Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction
thereof and asbestos.
Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real
Property, facilities, additions, replacements and other construction on the Real Property.
Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related
Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents
and any amounts expended or advanced by Lender to discharge Grantors obligations or expenses incurred by Trustee or Lender to enforce
Grantors obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust.
Lender. The word "Lender" means FARMERS & MERCHANTS STATE BANK, its successors and assigns.
Note. The word "Note" means the promissory note dated September 30, 2003, in the original principal amount of $542,552.90
from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the
promissory note or agreement. The maturity date of this Deed of Trust is September 30, 2004. NOTICE TO GRANTOR: THE NOTE CONTAINS A
VARIABLE INTEREST RATE.
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned
by Grantor, and now or hereafter attached or affixed to the Real Property; together with alt accessions, parts, and additions to, all replacements of,
and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of
premiums) from any sale or other disposition of the Property.
Property. The word "Property" means collectively the Real Property and the Personal Property.
Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the
Property.
Trustee. The word 'Trustee" means PIONEER TITLE COMPANY OF ADA COUNTY, whose address is 8151 W. RIFLEMAN AVE. ,BOISE, ID
83704 and any substitute or successor trustees.
' ~ DEED OF TRUST
Loan No: 5411885912 (Continued)
Page 8
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS.
GRANTOR:
MONTOYA ENT PRISES C
... ~ <.
y'
M M TOYA, anaging Member of AN C. L O MONTO ,Managing Me er of
OYA ENTER RISE LC MONTOYA ENTERPRISES LLC
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT
STATE OF ~ Q~ ~'f~ )
[~ ) SS
COUNTY OF !'t"~~ )
On this 3 D - `- day of ~~~Yl p eIQ, , in the year 20 ~_, before me .~A'fV11~L° f7~ /'/L a (g rl-'9'i' ~~
a notary public in and for the State of Idaho, personally appeared MARVIN MONTOYA, Managing
Member; SUSAN C. OLSON-MONTOYA, Managing Member of MONTOYA ENTERPRISES LLC, known or identified to me (or proved to me on the
f ), to be member,~b{a~tlBSfg agents in the limited liability company of MONTOYA ENTERPRISES
LLC, nd the members or designated agents who subscribed sa~'Ii~ti~Ji~c~pany name io the foregoing instrument, and acknowledged to me
that t ey executed the ~a1,ne in laid limited lia¢iy~y company n~d4i~'S~ ~•••T•q~_+~,p, •, ~., ~ n
t ~ ~ ~ ~e~ G ~~~~
Idaho s ®~ ° #
r (~
expires ~ ~ ~ J ~-dd?~ ,.~ ~ ~, ~0
°°°e°nene+°+~
REQUEST FOR FULL RECONVEYANCE
(To be used only when obligations have been paid in full)
To: ,Trustee
The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums secured by this Deed of Trust have been
fully paid and satisfied. You are hereby directed, upon payment to you of any sums owing to you under the terms of this Deed of Trust or pursuant to
any applicable statute, to cancel the Note secured by this Deed of Trust (which is delivered to you together with this Deed of Trust), and to reconvey,
without warranty, to the parties designated by the terms of this Deed of Trust, the estate now held by you under this Deed of Trust. Please mail the
reconveyance and Related Documents to:
Date:
Beneflclary:
By:
ns:
LASER PRO Lantllnq, Vor. 6.22.YO.00.7 CoOr. RarAntl Fl,unclal Solullona, Inc, tgg7, 2002. All Rlghlo Raaorvod. -10 C:\CFI\LPLl60/FC TR-7470 PR-7
Order No. 230343
EXI~IT A
DESCRIPTION OF PARCEL "B" 1N SILVERSTONE SUBDIVISION PHASE-2 FOR T'HE SUNDANCE COMPANY
A parcel of land being all of Lot 10 and a portion of Lots 9 and 11 of Block 11 of Silverstone Subdivision Phase-2 as on
file in Book 85 of Plats at Pages 9441 and 9442 in the Office of the Recorder for Ada County, Idaho as shown on Record
of Survey No. 6176 on file in said Office of the Ada County Recorder, said parcel being situated in the West half of
Section 21, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho and more particularly
described as follows:
Commencing at an iron pin marking the Northwest corner of said Lot 9;
Thence along the North line of said Block 11 along the arc of a curve to the right having a radius of 973.00 feet, a central
angle of 06 degrees 24'37", a length of 108.86 feet and a long chord that bears North 87 degrees 00' 16" East 108.80 feet
to an iron pin marking a point of tangent;
Thence continuing South 89 degrees 47'26" East 77.85 feet to an iron pin marking the point of beginning;
Thence continuing along said North line South 89 degrees 47'26" East 120.98 feet to an iron pin marking a point of
curve;
Thence continuing along the arc of a curve to the right having a radius of 273.00 feet, a central angle of 23 degrees
54'00", a length of 113.88 feet and a long chord that bears South 77 degrees 50'26" East 113.05 feet to an iron pin
marking a point of tangent;
Thence continuing South 65 degrees 53'26" East 79.76 feet to an iron pin;
Thence leaving said North line South 00 degrees 12'28" West 194.50 feet to an iron pin;
Thence at right angles South 89 degrees 47'32".East 32.58 feet to an iron pin;
Thence at right angles South 00 degrees 12'28" West 305.14 feet to a point on the South line of said Block 11;
Thence along said South line North 68 degrees 02'45" West 13 8.67 feet to a point of curve;
Thence continuing along the arc of a curve to the left having a radius of 500.00 feet, a central angle of 22 degrees 31'58",
a length of 196.63 feet and a long chord that bears North 79 degrees 18'43" West 195.37 feet to the Southeast corner of
said Lot 9;
Thence along the East line of said Lot 9;
Thence North 00 degrees 12'28" East 268.87 feet to an iron pin;
Thence leaving said East line at right angles North 89 degrees 47'32" West 8.17 feet to an iron pin;
Thence at right angles North 00 degrees 12'28" East 148.13 feet to an iron pin;
Thence at right angles North 89 degrees 47'32" West 8.00 feet to an iron pin;
Thence at right angles North 00 degrees 12'28" East 51.46 feet to the poiuit of beginning.
3539
ALTA Commitment Form
Schedule A page 2 of 2 page(s)
- 1 ~ • •
SECTION 02811 ';'
PART 1 -GENERAL
1.1 SUMMARY
LANDSCAPE IRRIGt1TION
A. Section Includes
1. Pipe and fittings, valves, sprinkler heads, accessories, and connections to water source.
2. Control system.
B. System Description
1. Electric solenoid controlled automatic underground irrigation system.
C. Related Sections: The following Sections contain requirements that relate to this Section:
1. Division 2 Section "Water Systems" for water supply..
2. Division 16 Sections for electrical power materials and installations.
D. Design/Build Sprinkler System
Furnish and install one underground sprinkler irrigation system to provide adequate irrigation of the
lawn and planting areas shown on the Drawings and described in the Specifications. The work shall
consist of providing, and installing all material necessary for a complete system including pipe,
valves, fittings, heads, automatic control equipment and all labor necessary for installation of a
satisfactorily operating system.
1. The contractor awarded the project shall provide complete shop drawings showing the
design layout, pipe size, valve location, size, sprinkler heads, etc.
2. The water source and location (point of connection) for the irrigation system is indicated on
the Drawings:
3. Planter beds and lawn shall be on separate zones.
4. The sprinkler system layout is to provide complete coverage with matched precipitation.
5. Contractor is responsible for the first year winterization.
6. See performance notes and details on the Drawings.
1.2 DEFII~IITIONS
A. Pipe sizes used in this Section are nominal pipe size (NPS) in inches. Tube sizes are Standard size in
inches:
B. Supply Piping: Piping from water source to connection to irrigation system pressure piping. Piping
is under same pressure as water supply_ Piping in this category is not included in this Section.
C. Pressure Piping Main Line: Piping downstream from supply piping to and including control valves_
Piping is under irrigation system pressure. Piping in this category includes backflow preventers_
D. Circuit Piping Lateral Lines: Piping downstream from control valves to irrigation system sprinklers.
Piping is under pressure (less than pressure piping) during Clow.
E. Control Valve: Automatic (electrically operated) valve for control water flow to irrigation system
zone.
1.3 SYSTEM PERFOR1vIANCE REQUIREMENTS
A. Location of Sprinklers and Devices: Design location is approximate. Make minor adjustments
necessary to avoid plantings and obstructions such as signs and light standards.
B. Minimum Water Coverage: Not less than:
1. Turf Areas: 100 percent.
2. Other Planting Areas: 100 percent.
1.~1 SUBIVIITTALS
A- Product data including pressure rating, rated capacity, settings, and electrical data of selected models for the
following:
1. Backflow preventers, including test equipment
Silverstone- Meridian 02311/1 Sep[ember;02
..
2. Valves, including general-duty, underground; autoic control, and quick-coupler types,
and valve boxes.
3. Sprinklers.
4. Controls, including controller wiring diagrams.
5. Wiring_
6. Irrigation system record drawings.
B. Wiring diagrams for electrical controllers, valves, and devices.
C. Maintenance data for inclusion in "Operating and Maintenance Manual" specified in Division 1
Section "Project Closeout" for the following:
1. Seasonal activities of start-up, shut-down and winterization, including blow-out operation of
sprinkler system with compressed air.
2. Backflow preventers, including instructions-for testing.
3. Automatic control valves.
4. Sprinklers.
5. Controllers.
6. Irrigation system record drawings.
1.~ QUALITY ASSURANCE
A. Comply with requirements of utility supplying water for prevention of backflow and backsiphonage.
B. Installer Qualifications: Engage an experienced Installer with a minimum of five years experience
and who has completed irrigation systems similar in material, design, and extent to that indicated for
Project that have resulted in construction with a record of successful in-service performance.
C. Listing/Approval Stamp, Label, or Other Marking: On equipment, specialties, and accessories made
to specified standards.
D. Listing and Labeling: Equipment, specialties, and accessories that are listed and labeled.
1. The Terms "Listed" and "Labeled": As defined in "National Electrical Code," Article 100.
2. Listing and Labeling Agency Qualifications: A "Nationally Recognized Testing
Laboratory" (NRTL) as defined in OSHA Regulation 1910.7.
E. Product Options: Irrigation system piping, specialties, and accessories are based on specific types,
manufacturers, and models indicated. Components with equal performance characteristics produced
by other manufacturers may be considered, provided deviations in dimensions, operation, and other
characteristics do not change design concept or intended performance as judged by the Architect.
The burden of proof of product equality is on the Contractor: Any substitutions must be approved by
the Architect in writing prior to installation per section 1.10.
1.6 PROJECT CONDITIONS
A. Perform site survey, research public utility records, and verify existing utility locations. ~Ierify that
irrigation system piping may be installed in compliance with original design and referenced
standards.
1.7 SEQUENCING AND SCHEDULING
A. Maintain uninterrupted water service to building during normal working hours. Arrange for
temporary water shutoff with Owner.
B. Maintain Uninterrupted existing irrigation system during construction. Arrange for
temporary water shutoff with owner.
~. Coordinate irrigation systems work with landscape work specified in Division 2 Section
"Landscaping."
1.8 E~{TRA MATERIALS
A. 'Deliver extra materials to Owner. Furnish extra materials matching products installed as described
below. Package them with protective covering for storage and label clearly describing contents.
1. Quick Couplers: Furnish quantity of units equal to '? percent of amount of each size
installed.
?. Sprinklers: Furnish quantity of units equal to 'percent of amount of each type installed.
3. Valve Keys: Furnish quantity of tee-handle units equal to 10 percent of amount of each
type key-operated, control valve installed.
Silversrone- ~tendian 028112 September /02.
4. ~ick-Cou ler Hose Swivels: Furnish uantity of units e ual to 10 ercent of amount of
P q q P
each type quick coupler installed.
~. Quick-Coupler Operating Keys: Furnish quantity of units equal to 10 percent of amount of
each type quick coupler installed.
1.9 IRRIGATION RECORD DRAWINGS
A. The Contractor shall maintain a current record of all pipe and equipment placement and shall record
any variations approved by the Architect. Upon completion of the system and prior to release of
final payment, the Contractor shall provide the Owner with a neat and legible "As-Built" plan of the
completed system (reproducible vellum or mylar only). Any pipe not installed in accordance with
the plans as originally contracted shall be sufficiently dimensioned to a permanent structure for
location after burial. As-built records shall be updated DAILY.
1.10 SUBSTITUTIONS
A. Substitutions to the specified equipment will be permitted with the express written approval of the
Architect. Substitutions will be approved only when the substituted item is equivalent or better in
quality and performance than the item originally specified. The final determination for "equivalents"
rests with the Architect. Their decision shall be final and binding.
1.11 WARRANTY
A. Warranty system against defects of installation and material for a period of 1 year after acceptance of
the irrigation system. Guarantee shall also cover repair or damage to any part of the premises
resulting from leaks or other defects in material, equipment and workmanship to the satisfaction of
the Architect_ Repairs, if required, shall be done promptly-upon notification by the Owner, and, at no
cost to the Owner.
B. As part of the warranty, the Contractor shall be responsible for deactivating and winterizing the
system prior to the onset of the freezing season and for reactivating the system at the onset of the
spring growing season; each event must be accomplished once during the warranty period. In the
- event the system is completed in a season when it will not be in use, the Contractor shall winterize
the system upon completion of testing (and approval by the Architect) and reactivate the system in
the spring. -The Contractor shall SUBIviTT a letter to the Architect certifying that the system was
winterized and drained and indicate the date such action was accomplished. The Contractor shall be
responsible for any damage resulting from failure to comply. Contractor shall instruct and
demonstrate winterization and startup techniques for Owner.
PART -PRODUCTS
~.1 SUMMARY
A. All materials used throughout the system shall be new, unused, and in perfect condition. Refer to the
irrigation materials legend, notes, detail drawings and these specifications for specific equipment to
be used. Equipment or materials installed or furnished without prior approval of the Architect may
be rejected and the Contractor required to remove such materials from the site at his own expense.
B. Substitutions: Under provisions of section 01600 and 02811, paragraph 1.10.
2.2 BRASS PIPE AND ACCESSORIES
A. Pipe: ASTM B43, Schedule 40; domestic manufacture
B. Fittings: Medium brass, screwed, 125-pound class.
2.~ PLASTIC PIPE AND ACCESSORIES
A. Pipe
1. Pipe walls shall be uniform, smooth, glossy, and free of interior or exterior extrusion marks;
pre-belled or straight to receive solvent-weld couplings; "'_0 foot standard lengths.
2- Pipe shall be marked. with manufacturer's name, class of pipe, NSF seal, and date/shift of
manufacturing run.
Silverstone- Meridian 02311/3 September /02
3. ~C Pipe: ASTM D1785, D2241
B. Fittings: PVC -ASTM D2464, D2466.
C. Irrigation System Plastic Pipe
1. Mainline: 3- inch Pipe and larger: PVC Class 160 pipe with SDR26 rubber- Gasket fittings.
2 t/z -inch Pipe and smaller: PVC Class 200 pipe with SDR21 solvent weld fittings.
2. Laterals: PVC Class 200 pipe with PVC Class 200 solvent weld fittings.
Sleeving: PVC Schedule 40 pipe for sleeves 4" and smaller, Class 200 PVC for sleeves 6"
and up. Sleeve size is double the diameter of the interior pipe(s). Minimum sleeve size 4"
nominal diameter.
3. Refer to Part 3 Article "Piping Applications" for identification of systems where pipe and
tube materials specified below are used.
4. Polyvinyl Chloride (PVC) Plastic Pipe: ASTM D 2241; PVC 1120, SDR 21, 200 psig
(1380 kPa) minimum pressure rating, with plain ends. Class 200 PSI pressure rated
upstream from controls, as noted on the drawings; Class 200 PSI downstream.
D. Pipe and Tube Fittings
1. Refer to Part 3 Article "Piping Applications" for identification of systems where pipe and
tube fitting materials specified below are used.
2. Polyvinyl Chloride (PVC) Plastic Pipe Fittings: ASTM D 2464, Schedule 80, threaded.
3. Polyvinyl Chloride (PVC) Plastic Pipe Fittings: ASTM D 2467, Schedule 40, socket-type.
4. "Harco" Push-on joint Ductile Fittings: ASTM A 536,
5. Dielectric Fittings: Assembly or fitting with insulating material isolating joined dissimilar
metals to prevent galvanic action and stop corrosion. These devices are a combination of
copper alloy and ferrous metal; threaded- and solder-end types, matching piping system
materials.
a. Dielectric Unions: Factory-fabricated, union assembly, designed for ?50 psig
(1725 kPa) minimum working pressure at-180 deg F (82 deg C). Include
insulating material isolating dissimilar metals and ends with- inside threads
according to ASME $1.20.1.
b. 't'ransition Fittings: IVianufactured assembly or fitting, with pressure rating at least
equal to that of system and with ends
2.4 JOINING MATERIALS
A. Solvent Cement: ASTM F 6~6 primer and ASTM D 2564 solvent cement in color other than orange.
2.5 VALVES
A. General: Valves are for general-duty and underground applications. Refer to "Valve Applications"
Article for locations of various valve types specified in this Article. Refer to "Control Valves"
Article for control valves and accessories.
2.6 CONTROL VALVES
A. Description: Manufacturer's standard control valves for circuits, of type and size indicated on
Drawing, and as follows:
1. Angle Valves: $ronze construction, non-rising stem, inside screw threaded ends and as
noted on the Drawings.
2. Automatic Control Valves: Diaphragm-type, normally closed, with manual flow
adjustment, and operated by 24-volt-a.c. solenoid.
3. Quick-Couplers: Factory-fabricated, 2-piece assembly. Include coupler water-seal valve;
removable upper body with spring-loaded or weighted, rubber-covered cap; hose swivel
with ASME $1.20.7, 3l4-11.~NH threads For garden hose on outlet; and operating key.
a. Locking Top : Include vandal-resistant, locking feature with ?matching keys.
-1. Drain Valve: As noted on the Drawings Drain Valve: As noted on the Drawings.
~. Isolation Gate Valves: 1~0# gate valve, epoxy-coated, ductile iron, resilient wedge valve
with non-rising stem and inside screw with threaded ends. Mechanical joint or push-on.
"Waterous~', `American Flow Control" or "Nibco" gate valves or approved equal prior to
bidding. Size to match line size- Install in valve box, size adequate for maintenance access-
Minimum 15" x ?1".
6. Air release valve: ?" air release valve from '`Ames" or '`Waterman", install in valve box.
Silverstone- Meridian 02511/& September ;U2
B. Control Valve Boxes and Cover: Thermo-plastic valve boxes with lockable, snap-top lids. Size as
required for application or as noted on drawings, maximum two (2) valves per box.
1. Drainage Backfill: Cleaned gravel or crushed stone, graded from 3 inches (75 mm)
maximum to 3/4 inch (19 mm) minimum.
C. Service Boxes for Key-Operated Control Valves: Size and type as shown on Drawings.
1. Include valve key, 48 inches (915 mm) long with tee handle and key end to fit valve.
D Irrigation System Controls
1. Controller: As noted on the Drawings. All control wires that are above ground shall be
installed in conduit. Electrical wiring shall be installed according to local code. Provide
surge protectors install controllers. .
2. Controller Housing: Weatherproof, watertight, with lockable access door.
3. Valves: Electric Solenoid type and size of control valves as noted on the Drawings,
including required fittings and accessories.
4. Wire: Color coded, copper conductor direct burial, OF-UL listed. All control or hot wires
shall be red or black. All common or ground shall be white.
2.7 SPRIM{1_ERS
A. Description: Manufacturer's standard sprinklers designed to provide uniform coverage over entire
area of spray shown on Drawings at available water pressure, as follows:
1. Housings: Plastic, except where material is specified.
2. Pop-Up, Spray: Fixed pattern, with screw-type flow adjustment and stainless-steel
retraction spring.
3. Pop-Up, Rotary Spray: Gear drive, full-circle and adjustable part-circle type.
2.8 AUTOMATIC CONTROL SYSTEM
A. Description: Low-voltage controller system, made for control of irrigation system automatic control
valves. Controller operates on 120 volts a.c. building power system; provides 24 volts a.c. power to
control valves, and includes stations for at least the number of control valves indicated. Size and
type as shown on Drawing.
B. Control Enclosures: Weatherproof enclosure with locking cover and 2 matching keys. Enclosure
construction complies with NFPA 70 and NEMA 250, Type 4, and includes provision for grounding.
All control wires that are above ground shall be installed in conduit. Electrical wiring shall be
installed according to local code. Provide surge protectors in all controllers.
1. AG 240 V Surge Arrester: As noted on the drawing. Install in approved J-box next to
controller. install per manufacturer recommendations.
2. MGP-1 Maxi Grounding Plate: As noted on the Drawings. Install with approved grounding
per manufacturer's recommendations. Install per manufacturer's recommendations.
3. PT 322 Pulse Transmitter: As noted on the Drawing. Pulse Transmitter is to be installed at
controller and programmed by an approved "Maxicom" rep.
C. Transformer: Internal-type, and suitable for converting 120 volts a_c. building power to 24 volts a.c.
power-
D. Controller Stations for Automatic Control Valves: Each station is variable from approximately 1 to
60 minutes. Include switch for manual or automatic operation of each station.
E. Timing Device: Adjustable, 24-hour, 14-day clock to operate any time of day. Include provision for
the following settings:
1. Setting to skip operation any day in timer period.
2. Setting for operation every other day.
3. Settings for operation ? or more times daily.
4. Include manual or semi-automatic operation without disturbing preset automatic operation.
~_ Provide NI-CAS battery and trickle charger to automatically power the timing device
during power outages.
F. ~Niring: UL 493, solid copper conductor. insulated cable, suitable for direct burial.
1. Feeder Circuit Cables: Type UF, No. 10 AWG minimum, between building and controllers.
3. Low-Voltage, Branch Circuit Cables: Type UF, No. 14 AWG minimum, between
controllers and automatic control valves. Jacket color is other than feeder-circuit-cable
jacket color. Furnish cables with jackets of different colors for multiple cable installation in
same trench- Install control wire to side of main line. Where control wire leaves main or
lateral line.
Silverstane- Meridian 02311/ September 102
' ``
3. Splicing Materials: Pressure-sensitive, waterproof, thermoplastic wire connectors and other
materials required to make specified connections. Locate al] splice within valve boxes.
4. Use white or gray color for common wire and other colors for all other wire.
a. Wire to be size # 14 not to exceed 1500 Linear feet before sizing up to #12 wire.
a. Add two extra control wires from panel to valves for use if a wire fails or for future
addition, and mark I in the control box as extra wire.
G. Communication Cable.
1. All cable required for the 2-wire paths from Controller to flow sensor shall be REA Pe-39,
19 gauge, conductor-solid annealed uncoated copper conforming to ASTM-B3; insulated
with expanded polyolefin surrounded by solid polymer to ensure low loss long transmission
capability.
2. Cable for the 2-wire paths shall be installed with no underground splices. All cable shall.be
laid in trenches ("pulling-in" of cable for installation without trenching will not be allowed
unless pre-approved by the Landscape Architect) and shall be carefully back-filled to avoid
any damages to the cable insulation or cable conductors themselves. In rocky areas, the
trench shall have a 6" layer of clean sand on the bottom before the cable is laid into the
trench and back-filled. If rocky back-fill is being used, the cable shall have an additional 6"
layer of sand on top of it before back-filling is started. The cable shall have a minimum of
18" of cover.
3. Where cable passed under paving, walls or any other paved areas, it shall be installed in a
PVC class pipe sleeve of proper size required for the number of cables to be placed in it.
The 2-wire path is permitted to be laid in the same trench with the 117 VAC cable as much
as possible by laying each in opposite sides of the trench.
2.9 VALVE BOXES
A. Carson Industries or approves equal green body with locking lid. Standard rectangular box for all
electrical control valves, 1419-128. 10" round box for all mainline ball valves, gate valves, and hose
bibs.
PART 3 -EXECUTION
31 EXAMINATION
A. Investigate and determine available water supply water pressure and Ilow characteristics.
3.2 PREPARATION
A. Set stakes to identify proposed sprinkler locations. Obtain Contracting Officer's approval before
excavation.
3.3 PAVING WORK
A. Install piping in sleeves where crossing sidewalks, roadways, parking lots, and railroads.
1. Install piping sleeves by boring or jacking under existing paving, where possible.
3.4 PIPING APPLICATIONS
A. Refer to Part 2 of this Section for detailed specifications for pipe and fittings products listed below.
Use pipe, tube, fittings, and joining methods according to the following applications. Piping in pits
and aboveground may be joined with flanges instead of joints indicated.
B. Use pipe, tube, fittings, and joining methods according to the following applications.
C. Pressure Piping Underground: Use the following:
1. 2 !!= Inches (DN 80) and Smaller: ASTM D 2241, SDR 21, Class 200, polyvinyl chloride
(PVC) plastic pipe; ASTM D 2=167, Schedule 40, PVC plastic, socket-type pipe fittings; and
solvent-cemented joints.
2. 3 -Inches (DN 100) and Larger: ASTiVI D 2241, SDR 26 rubber gasketed Class 160.
polyvinyl chloride (PVC) plastic pipe; ASTM A ~3(i push on ductile iron littings.
D. Circuit Piping: Use the following:
1. All Sizes: ASTM D 2241, SDR 21 Class 200, polyvinyl chloride (PVC) plastic pipe;
ASTM D 2466, Schedule ~0, PVC plastic, socket-type fittings; and solvent-cemented joints.
Silversione- Meridian 0231 l(6 September ;02
E. Sleeves: ASTM D 2241, Class 200, of in l chlorid"e VC lastic i e; ASTM D 2466
P Yv Y ~ )P PP
Schedule 40, PVC plastic, socket-type fittings; and solvent-cemented joints. Sleeve diameter shall
be two sizes larger than pipe installed in sleeve. Extend sleeves 6" beyond walk or pavement edge.
3.~ JOINT CONSTRUCTION
A. Threaded Joints: Thread pipes with tapered pipe threads according to ASME B1-20.1, apply tape or
joint compound, and apply wrench to valve ends into which pipes are being threaded.
8. Polyvinyl Chloride (PVC) Piping Solvent-Cemented Joints: Construct joints according to
ASTM D 2672 and ASTM D 2855.
1. Handling of Solvent Cements, Primers, and Cleaners: Comply with procedures in
ASTM F 402 for safe handling when joining plastic pipe and fittings with solvent cements.
C. Dissimilar Materials Piping Joints: Construct joints using adapters that are compatible with both
piping materials, outside diameters, and system working pressure. Refer to "Piping Systems -
Common Requirements" Article for joining dissimilar metal piping.
D. Provide concrete thrust blocks at all gasket fittings where a change of direction occurs.
3.b PIPING SYSTEMS -COMMON REQUIREMENTS
A. General Locations and Arrangements: Drawings indicate general location and arrangement of piping
systems. Indicated locations and arrangements were used to size pipe and calculate Friction loss, and
in other design considerations. Install piping as indicated, except where deviations to layout are
approved on coordination drawings.
B. Install components having pressure rating equal to or greater than system operating pressure.
C. Install piping free of sags and bends.
D. Locate groups of pipes parallel to each other, spaced to permit valve servicing-
E. Install fittings for changes in direction and branch connections.
I~. Piping Connections: Except as otherwise indicated make piping connections as specified below.
1. Install unions, in piping 2 inches (DN 50) and smaller, adjacent to each valve and at final
connection to each piece of equipment having 2-inch (DN 50) or smaller threaded pipe
connection.
2. Install flanges, in piping 2-1/2 inches (DN 65) and larger, adjacent to flanged valves and at
final connection to each piece of equipment having flanged pipe connection.
3. Install dielectric fittings to connect piping of dissimilar metals.
3.7 PIPING INSTALLATION
A. Install underground polyvinyl chloride (PVC) plastic pipe according to ASTM D 2774.
B. Lay piping on solid subbase, uniformly sloped without humps or depressions.
1. Install polyvinyl chloride (PVC) plastic pipe in dry weather when temperature is above 40
deg F (4 deg C). Allow joints [o cure at least 34 hours at temperature above 40 deg F (4
deg C) before testing, unless otherwise recommended by manufacturer.
C- iVIinimum Cover: Provide following minimum cover over top of buried piping:
1. Pressure Piping: 18 inches.
2. Circuit Piping: 12 inches.
3. Sleeves: 18 inches.
D. Tunneling: Install pipe under streets or other obstructions that cannot be disturbed, by tunneling,
boring, or jacking.
E. Install piping under sidewalks and paving in sleeves.
E. Back-filling
1. Provide clean, non-rocky material over piping. Sack-fill trenches and compact to subgrade
elevation as specified in section 02223. Protect piping from displacement.
G. Pipe fittings
1. All mainline piping shall use ductile iron push on type fittings thrusted as required by
manufacturer.
3.S i/ACNE APPLICATIONS
A. Drawings indicate valve types to be used.
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3.9 VALVE INSTALLATION -
A. Valves: Install underground valves in valve boxes as shown on Drawings.
B. Control Valves: Install in valve control valve boxes, arranged for easy adjustment and removal.
Install union on downstream side. Maximum (2) valves per valve box.
C. Place 6 inches minimum of gravel below control valves for drainage. Maintain 4 inches minimum
between bottom of valves and top of gravel. Place filter fabric barrier between ground and valves.
Valve box shall be reasonably free from dirt and debris. Install sprinkler heads a minimum of 12
inches from all walls.
3.10 SPRINKLER INSTALLATION
A. Sprinklers: Flush circuit piping with full head of water and install sprinklers after hydrostatic test is
completed.
1. Install lawn sprinklers at manufacturer's recommended heights.
2. Install shrubbery sprinklers at heights indicated.
3. Locate part-circle sprinklers to maintain a minimum distance of 12 inches from walls and 2
inches (SO mm) from other boundaries, unless otherwise indicated.
4. Sprinkler Dead Risers: Rotor pop-up sprinkler and quick coupling valves shall have an
adjustable riser assembly (triple swing joint). Stationary spray pop-up heads or shrubs spray
heads shall have an adjustable riser assembly (triple swing joint) or low-density
polyethylene flex pipe as shown on Drawings details. Triple swing joint fittings shall be of
Schedule 80 PVC or Marlex plastic and nipples Schedule 80 PVC unless otherwise
designated on Drawings. Flex pipe risers shall be 12 inch long minimum and 18 inch
maximum linear low-density polyethylene pipe with spiral barb Fttings and 90 degree ell as
shown on details on Drawing.
3.11 AUTOMATIC CONTROL SYSTEM INSTALLATION
A. Install controllers and controller.pedestal according to manufacturer's written instructions and as
indicated.
B. Install control and communication wiring in same trench with piping. Where wiring leaves from
piping trenches,. install wiring in conduits.
C. Maxicom Systems.
1. All components related to the Maxicom system (included, but not limited; controller, master
valve, flow sensor, communication cable, surge arrester, pipe, pulse transmitter, etc.) shall
be installed be Manufacturer's recommendation and approved by an approved "IvIaxicom"
representative.
®. Install control wiring in accordance with SpeciFcations. Provide 10 inches expansion coil at each
valve to which controls are connected, and at 100 ft intervals. Bury wire beside pipe. Where wire
leaves pipe, eaclose in conduit. Use waterproof wire connectors. Use white or gray color for
common wires and other colors for all other wires. No control wires shall be placed in thrust blocks.
Locate wires on opposite side of thrust blocks.
1. Add two extra control wires from panel to valves for use if a wire fails or for future addition
and mark it in the control box as extra wires
3.12 CONNECTIONS
A- Connect piping to sprinklers, devices, valves, control valves, specialties, and accessories.
B. Connect water supplies to irrigation systems. Include back-flow preventers on potable water
supplies.
C. Electrical Connections: Connect to power source, controllers, and automatic control valves-
3.13 FIELD QUALITY CONTROL
A. Testing: Perform test of piping and valves before back-filling trenches. Piping may be tested in
sections to expedite work. Owners representative must be present for testing.
1. West system at main line, lateral lines and valves.
2. Repair leaks and defects with new materials and retest system or portion thereof until
satisfactory results are obtained.
$. Field inspection and testing will be performed under provisions of Section 01100.
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C. Installer's Field Service '"
1. Prepare and start systems under provisions of Section 01600
2. Provide one complete spring start-up and a fall shutdown, including winterization to blow
out entire system with compressed air.
D. Adjust work under provisions of section 016500.
E. Change and/or adjust head types for full water coverage as directed.
F. Adjust nozzle spray pattern as required to avoid water spray on building walls, roads or sidewalks.
3.14 CLEANING AND ADJUSTING
A. Flush dirt and debris from piping before installing sprinklers and other devices.
B. Adjust automatic control valves to provide flow rate of rated operating pressure required for each
sprinkler circuit.
C. Carefully adjust lawn sprinklers so they will be flush with, or not more than 2 inch (13 mm) above,
finish grade after completion of landscape work. Adjust so that sprinklers do not spray on buildings
or walls.
D. Adjust settings of controllers and automatic control valves to insure proper watering of all
landscaping. ..
3.15 COMMISSIONING
A. Starting Procedures: Follow manufacturer's written procedures. If no procedures are prescribed by
manufacturers, proceed as follows:
1. Verify that specialty valves and their accessories have been installed correctly and operate
correctly.
2. Verify that specified tests of piping are complete.
3. Check that sprinklers and devices are correct type.
4. Check that damaged sprinklers and devices have been replaced with new materials.
~. Check that potable water supplies have correct type back-flow preventers.
6. Energize circuits to electrical equipment and devices.
7. Adjust operating controls.
B. Operational Testing: Perform operational testing after hydrostatic testing is completed, baclcfill is in
place, and sprinklers are adjusted to final position.
3.16 DEMONSTRATION
A. Provide irrigation system demonstration under provisions of Section 01650. Record on VHS video
format.
8. Demonstrate to Owner: that system meets coverage requirements and that automatic control
functions properly-
C. Demonstrate to Owner maintenance personnel operation of equipment, sprinklers, specialties, and
accessories. Review operating and maintenance information including start up and winterization
procedures.
D. Provide 7 days' written notice in advance of demonstration.
END OF SECTION 02811
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