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Elm Grove Trailer ParkHUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Come (208) 288-2499 • Fax 288-2501 CITY OF MERIDIAN CITY COUNCIL MEMBERS PUBLIC WORKS Keith Bird 33 EAST IDAHO BUILDING DEPARTMENT(208) 887-2211 - Fax 887-1297 Tammy deWeerd MERIDIAN, IDAHO 83642 Cherie McCandless (208) 888-4433 • FAX (208) 887-4813 PLANNING AND ZONING City Clerk Office Fax (208) 888-4218 DEPARTMENT William L.M. Nary (208) 884-5533 • FAX 888-6854 CERTIFICATE OF ZONING COMPLIANCE* Date: March 24, 2003 Owner: Ralph and Loren Ross Applicant: Loren D. Ross, 888-5694 Address: 405/407 E. Fairview Proposed Use: New 12 x 15 truck dock for furniture store, in existing, structure Zoning: Comments: Conditions of Approval: Project is subject to all current City Ordinances. Signage: No signs are approved with this CZC. All signs will require a separate sign permit in compliance with the sign ordinance. Landscapin. The landscaping is approved as existing for the purposes of the subject application. All landscaping must be maintained in a healthy, growing condition at all times per Ordinance 12- 13-17. Irrigation: An underground, pressurized irrigation system is existing in all landscape areas. Irrigation system should be maintained in conformance with the signed irrigation performance specifications submitted with the application. Weed control: Any undeveloped areas are not approved for storage or any other use. Such areas must be maintained free of weeds greater than 8" tall. Fencing: Existing perimeter fencing must be maintained to screen the proposed loading dock from adjacent properties and the traveling public. Protection of Existing Trees: Any existing trees on site must be protected in accordance with the Tree Preservation section of the City's Landscape Ordinance. Per Ordinance 12-13-13-4, coordinate with the Parks Department Arborist (Elroy Hui for approval of protection Measures prior to construction. Any severely damaged tree mast be replaced in compliance with Ordinance 12-13-13-6. Parking Off-street parking is existing on the project site. No square -footage is being added to the building, so no additional parking is required as part of the subject application. Project engineer/architect shall certify that the number and size of handicap -accessible spaces conforms to the Americans with Disabilities Act. Paving: New paved access to the proposed loading dock, extending to E. 3`d St. is required per the submitted plans. Minimum width is 25 feet; 26' is approved, as shown on the submitted site plan. Sidewalks: Sidewalks do not currently exist along Fairview Avenue. Applicant shall comply with the requirements of ACHD regarding any sidewalk construction. If ACHD does not require sidewalk construction as part of this application, the applicant is hereby put on notice that sidewalk will be required by the City as part of any future expansion on the property. Ling: Lighting shall not cause glare or impact the traveling public or neighboring development. Trash Enclosure: Any dumpsters must be screened from view and not be visible by the public or from adjacent properties. The proposed chain link fence structure must be slatted to provide screening. Handicap -Accessibility: The structure, site improvements and parking must be in compliance with all federal handicap -accessibility 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 ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning and Zoning staff for approval prior to the issuance of a building permit. Certificate of Occupancy: All required improvements must be complete prior to obtaining 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, stamped 3/24/03 is 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. 4OV-0��� Steve Siddoway Planner II *This letter does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date of issuance if work has not begun. CERTIFICATE OF ZONING COMPLIANCE & PLAN REVIEW CHECKLIST City of Meridian (Rev. 2/1/02) Site Review/Conforming Elements CommentsT- Com tete (� * Project must comply with all approved permits, plats or Development. Agreements associated with the lot or parcel. 1. Zoning District (permitted use, CUP, AUP, variance, etc.) '+ C& Ile•JA�Acr-m"`�" -� 2. Floodplain District 100 3. Landscaping Must be in compliance with the the Landscape Ordinance vv'4 01C. Iw '4 (t 4. Off -Street Parkin a # of Stalls dimensions, etc b) Handicap Stalls (van accessible, aisles, signage) c) Aisles (width, location) 5. Trash Areas a Location b 3 -Side ScreeningIIG� �o�+M r' ✓ 6. Underground Irrigation z 7. Sidewalks/Paths — I- 8. Streets (R/W dedications, etc.) 3 9. Lot Requirements a) Lot Area (note restrictions on use of undeveloped portion of lot b) Street Frontage c) Setbacks d) Coverage 10. Fencing 11. Fee of $60.00 1. ACHD approval letter required for curb cuts, road widening, for all new projects. 2. Pressurized irrigation can be waived by City Council only if no water rights exist to subject property or developer deeds land to Cityfor a well. 3. City will permit one hook-up to municipal water for irrigation per site. 3. Trees must not be planted in City water or sewer easements. 4. Applicant must submit a copy of recorded deed or plat as evidence of the road dedicatioprior to CZC issuance. Rev. 2/1/02 sT CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208)884-5533 Phone / (208)888-6854 Fax CERTIFICATE OF ZONING COMPLIANCE WZQ APPLICATION (Section I 1-19-1, Zoning and Development Ordinance) PROJECT NAME: i .1n e;� P O V E M19/Len P jf K APPLICANT: j- o tZ 9A1 D, re e S< ADDRESS: 12 83682 PHONE: FAX: 808 ^ 5^6 4 Lj E-MAIL: OWNER(S) OF RECORD: 409 EA) ROSS ADDRESS: I -e- l Au l -F I2j - 1W ZI Ii jAAJ R, _7977 PHONE :i Q6�c� FAX: E-MAIL: ARCHITECT (IF DIFFERENT THAN APPLICANT): Al ADDRESS: PHONE: FAX: E-MAIL ADDRESS, GENERAL LOCATION OF SITE: WoS- I A4D ? E. FVlfIa1%1 DESCRIPTION OF USE: 9F T14 1 L— PRESENT ZONE CLASSIFICATION: 1, AOIZE.n0 17. 905S , do hereby affirm that I will agree to pay any additional sewer, water or trash fees or charges, if any, associated with 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. X- ©3itv_i 03 (Applicant's Signature) (Date) 1?c v 1, '4 II i ELM GROVE TRAILER Ci. P.O. Box 155 • Meridian, ID 83680 Loren D. Ross, Manager 888-6668 or 888-5694 March 11, 2003 Meridian Planning & Zoning 600 E. Watertower Lane Suite 202 Meridian, ID 83642 RE: Plot Plan for 307, 405 & 407 E. Fairview, Meridian, ID Dear P&Z Staff: The plot plan for 307, 405 & 407 E. Fairview details the new improvements. They include a 12X 15 foot concrete loading dock at the rear of 407 E. Fairview, 12X 12 foot concrete garbage bullpen pad with chain link fence, and a supporting asphalt entry from E. 3`d Street to the new loading dock. Approximately 100 feet of sidewalk will be replaced along E. 3`d Street. All the above locations are zoned CG and are established retail locations. 407 E. Fairview is leased to Treasurewood Furniture Co. Use of the loading dock and supporting new entry will be light to moderate traffic. Sincerely, ELM GROVE TRAILER Loren D. Ross, Manager T- CL CL /K'u ACHD"' Ada County Highway District Sherry R. Huber, President 318 East 37th Street Susan S. Eastlake, 1 st Vice President Garden City ID 83714-6499 Dave Bivens, 2nd Vice President Phone (208) 387-6100 David E. Wynkoop, Commissioner FAX (208) 387-6391 John S. Franden, Commissioner E-mail: tellus@ACHD.ada.id.us April 4, 2003 TO: Loren D. Ross 1383 Underwood Drive Meridian, ID 83642 SUBJECT: MCZC03-013 Truck Dock 405/407 Fairview Avenue The Ada County Highway District (ACHD) staff has received and reviewed the application and site plan for the item referenced above and is submitting this no review letter in response to the lead agency's request for comment. Based on the submitted information, it has been determined that the proposed development will generate less than 10 additional vehicle trips per day (VTD). ACHD policy states that no site related improvements will be required for developments generating less than 10 additional VTD. If the site plan or use changes in such a manner that more than 10 additional vehicle trips per day are generated, then ACHD will review the site plan and may issue requirements based on the ACHD Policy Manual. ACHD policy requires that before any improvements of any kind are constructed or installed within the public right-of- way, a permit or license agreement permitting the improvements must be obtained. All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. Contact District staff at 387-6170 for details. Please contact the office for determination of possible road impact fees, prior to obtaining a building permit. These fees are collected in accordance with Ordinance #197, the Ada County Highway District Road Impact Fee Ordinance. If you have any questions, please feel free to contact me at (208) 387-6170. Sincerely i �A rai" g Hood Senior Development Analyst Planning & Development Cc: Planning & Development/Chron/Project File Planning & Development Services City of Meridian Construction Services Ralph Ross, 1520 S. Ten Mile Road, Meridian, ID 83642 Loren Ross, PO Box 155, Meridian, ID 83680 0 0 M AF T— CL rn E W W of o z � t\ � w ti o o � 0 I 11L 5 L 9000900 C-' lbiE/btOL-Z6 V 2 9 V :iO11I OL 1 112 E :v voll 2 91100.II dOd 88L0-ssss80'vawvrr a08t OG'04 1`^'A1C d3iro33onNvai��d �" "� "1 �` 44 000918"* «+rIMlOH 089£8 01 `NVIGIUM SS l X09 )fUVd U311VUI 3AOUD W13 ,:Io a3aao 3H1 Ol AW D D CL a }—� CD m N oo -Z-I oo p > co z co m O -r 0 Dm z z n t3 a m 7z D 0 m m , � z • �. D m O OCDZ w n m 0 O _0 Z O M N D X V13 r z 1 zs 911L 5 L 9000900 C-' lbiE/btOL-Z6 V 2 9 V :iO11I OL 1 112 E :v voll 2 91100.II dOd 88L0-ssss80'vawvrr a08t OG'04 1`^'A1C d3iro33onNvai��d �" "� "1 �` 44 000918"* «+rIMlOH 089£8 01 `NVIGIUM SS l X09 )fUVd U311VUI 3AOUD W13 ,:Io a3aao 3H1 Ol AW Recommendations for a Container Enclosure Access: To encourage tenants and employees to deposit waste inside of the container rather than throw the material over the enclosure wall, and to reduce wear and tear on the enclosure gates, we recommend the following design: d_" 9' 3 D triri:_ter' Yw► .j �c ce o - ��e .r� �,�,.�cor►� 12' — ► 16¢.f Go Cuirnpster rn lo:_ ire %with r7fset gzgte_S i.tnir. 1 7' irj-irie pate vvidth) Gates: Gates are the highest maintenance item of solid waste enclosures. We recommend the following guidelines to Help you construct a durable; low maintenance enclosure: • We recommend metal posts and gates. • Keep the gates at least four niches off the ground when hung. • Use bolts and nuts when hanging gates from wooden posts, not wood screws or lag bolts: • Construct gate stop/locks for hoth open and closed positions or constructed to rest in an open position. Floor or Pad: We recommend a concrete floor in the enclosure that is extended out eight fe -t in front of the container to support the weight of the front wheels of the truck. Asphalt will not stand up over time. If a 3 -yard container heeds to be removed from the enclosure, by hand,, construct the pad level with the surrounding surface so the container can be rolled out of and into the enclosure. Six and eight cubic yard containers cannot be moved by hand, requiring enclosure width and drive -on capability. Container stops or bumpers: Install inside the enclosure to keep the container from damaging the enclosure walls and gates. Provide for the following distances: Thirty (30) feet of overhead clearance Sixty (60) feet o!'1'rontal clearance Forty -Five (45) ! of turning radius Please call our office if we can be of further assistance. ev P.O. Box 626, Meridian, ID 83680 Phone 208/888-3999 Fax 208/888-5052 0� Printed on Recycled Paper r CONTENTS OF CZC APPLICATION (Incomplete applications will 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 property or the applicant of the proposed use. The application shall contain the following information: 1. t- Completed and signed CZC application form. 2. The last deed of record for the subject property. 3. Notarized Affidavit of Legal Interest (attached). 4.---' 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 %s" x 11" reduction of the site plan. 5. ,.-` Submit a scalable Vicinity Map of the subject property and surrounding properties (a map may be obtained from the Meridian Planning & Zoning Department). 6.L 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 (3) copies of an 8 %" x 11" reduction. See attached landscape submittal requirements. As 7. Three (3) copies of irrigation performance specifications in compliance with the Landscape Ordinance. (Form attached) A,7 "'Y -"r& 8.- 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. 9. r-- A calculations table that shall list the number of parking stalls, building size, lot size, landscaping, open space, setbacks, fencing, screening and coverage. /) > 'S 10. W" - A written statement from the applicant detailing the proposed use(s) of the property. Please list as many details as possible. 11. ✓ A fee of $60.00. ACHD Acceptance: Applicant shall be responsible for meeting the requirements of ACHD as they pertain to this application. All impact fees, if any, shall be paid prior to the issuance of a building permit. Many 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 & Zoning Department for approval prior to the issuance of a building permit. IRRIGATION PERFORMANCE SPECIFICATIONS PER ORDINANCE 12-13-8 NOTE: submit 3 copies of this completed form with any application for Certificate of Zoning Compliance (CZQ. Project Name: EAlyt Q ao llE TRffl t -E2 SPA is if 3c)7 /-SOS ? Li 07 E. Fi4i 2v � F+�3 Specifications: /}S IF STS Available Gallons per Minute: Available Water Pressure: Point of Connection (describe and/or submit a site plan): • Primary Connection: • Secondary Connection: Landscape Area: If the irrigation system is hooked to City water as a primary or secondary water source, submit the square footage of landscape areas to be irrigated. s.f. 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. Irriization 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. 4 llc v. l ?-! 0,' Additional Irrigation Notes: Irrigation 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 irrigation water source on non-residential lots with more than %2 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: 1, , do hereby affirm that any irrigation system installed for the project mentioned above will be designed and installed in compliance with the specifications and notes stated in this form. 3XII 63 Applicant's Signature Date Rcv. 1 )4l1_= CZC Landscape Plan Submittal Requirements Plan Size & Scale: The landscape plan must have a scale no smaller than I"=50' (1"=20' is preferred) and be on a standard drawing sheet, not to exceed 36"x48" (24"06" 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 project. 2 Names, addresses and telephone numbers of the developer and the person/firm preparing the plan. 3. Existing boundaries, property lines, and dimensions of the lot. 4. Relationship to adjacent properties, streets, and private lanes. 5. Easements and right-of-way lines on or adjacent to the lot. 6. Existing/proposed zoning of the lot, and the zoning and land use of all adjacent properties. 7. Existing natural features such as canals, creeks, drains, ponds, wetlands, floodplains, high groundwater areas, and rock outcroppings. Location, size, and species of all existing trees on site with trunks 4 inches or greater in 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, signs, 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. Sight 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 plant materials shall reflect approximate mature size. A Plant List that shows the plant symbol, quantity, botanical name, common name, minimum 14. planting size and container, and comments (for spacing, staking, and installation as appropriate). 15. Planting and installation details as necessary to ensure conformance with all required standards. 16. Design drawings of all required structures for screening purposes. 17 Calculations of project components to demonstrate compliance with the requirements of this ordinance, including: a. Number of street trees and lineal feet of street frontage b. Width of street buffers C. Width of parking lot perimeter landscape strip d. Buffer width between different land uses Number of parking stalls and percent of parking area with internal e. landscaping f. Total number of trees and Treespecies mix 9. Mitigation for removal of existing trees 6 llc v l ?-/ 0" CERTIFICATE OF ZONING COMPLIANCE & PLAN REVIEW CHECKLIST Project: C l,J/7 Cr,IZorE 7lllR14_E®2. 3o7. -IoS- 5 q,,-7 Review Date: Contact: L D /2 0'W D. �o SS Zone: Site Review/Conforming Elements Comments Complete *Project must comply with all approved permits, plass or Development Agreements associated with the lot or parcel. 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 %"xl 1" reductions 5. Vicinity Ma scalable 6. Landscape Plan — scale not less than 1"=50' 3 copies + 3 8 Y2"x11" reductions 7. Irrigation Performance Specifications 3 copies in compliance w/ Landscape Ord. 8. Sanitary Service approval for trash enclosure & access drive 9. Calculations table listing # of parking stalls, building size, lot size, landscaping, open space, setbacks, fencing, screening & coverage 10. Statement of proposed use of property 11. Zoning District (permitted use, CUP, AUP, variance, etc.)Check D/A, FF/CL 12. Floodplain District 13. Landscaping ' Must be in compliance with the Landscape Ordinance 14. Off -Street Parkin a # of Stalls dimensions, etc b) Handicap Stalls (van accessible - 8' aisles - 8', signage) c) Aisles (width - 25' new, 20' min. existing, location 15. Trash Areas a Location b 3 -Side Screening 16. Underground Irrigation 2 17. Sidewalks/Paths 18. Lot Requirements a) Lot Area (note restrictions on use of undeveloped portion of lot b) Street Frontage c Setbacks d Coverage 19. Fencing 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. 2 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. RECOgDATION REQUESTED BY: Hone Federal Savings & Loan Association 500 12TH AVENUE SOUTH P.O. BOX 190 NAMPA, ID 83853 WHEN RECORDED MAIL TO: Home Federal Savings & Loan Association 50012TH AVENUE SOUTH P.O. BOX 190 NAMPA, ID 83853 ADA COUNTY RECORDER J. DAVID NAVARRO ' BOISE IDAHO 02128103 04:24 PM DEPUTY Kris Vaughn III IIIIIIIIIIIIIIIIIIIIIIIIIIIII�I III RECORDED—REQUEST OF First American 103033313 AMOUNT 21.00 d SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY DEED OF TRUST THIS DEED OF TRUST is dated February 28, 2003, among Elm Grove Trailer Park, LLP, an Idaho Limited Liability Partnership, whose address is P. O. Box 155, Meridian, ID 83680 ("Grantor"); Home Federal Savings & Loan Association, whose address is 500 12TH AVENUE SOUTH, P.O. BOX 190, NAMPA, ID 83653 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and First American Title Company of Idaho, Inc., whose address is 7311 Potomac Drive, 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 Beneficiary, 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: See EXHIBIT "A", which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set forth herein. The Real Property or its address is commonly known as 407 East Fairview Avenue, 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, AND 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 With 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 to 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 to 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 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. DEED OF TRUST Loan No: 8300005133 (Continued) Page 3 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 10 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) e. 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 all 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 have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. 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 referred 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. Death or Insolvency. The dissolution or termination of Grantor's existence as a going business or the death of any partner, 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, I DEED OF TRUST Loan No: 8300005133 (Continued) Page 5 INTEREST RATE SPREAD PROVISION. The Note provides for an initial Interest rate of 6.85%. The Note provides for changes in the interest rate and the monthly payments, as follows: The initial interest rate will remain fixed for a five year period from the date of closing. Upon that rate maturity, the new rate for the next five year period and subsequent five year periods of the total 20 year amortization, will be obtained by adding 3.00% to the then MONTHLY AVERAGE OF THE 5 YEAR US TREASURY CONSTANT MATURITY INDEX, OR IT'S REPLACEMENT, with a Floor of 6.85% on the loan. 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 sought 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. 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 CANYON 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. Severabllity. 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 shall 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 unenforceabiiity of any 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: Beneflclary. The word "Beneficiary" means Home Federal Savings & Loan Association, and its successors and assigns. Borrower. The word "Borrower" means Elm Grove Trailer Park, LLP, and all other persons and entities signing the Note in whatever capacity. 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 Deed 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, at 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, el 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 Elm Grove Trailer Park, LLP. 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 10 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. EYM BIT "A" An irregular tract in the Northeast Quarter of t1ie Quarter of Section 7, Township 3 North, Range 1 East, Meridian, Ada County, Idaho, described as follr:r>s: From the quarter section corner between Sections 6 and 7, 3 North, Range 1 East, Boise Meridian, South 88115' West along the North boundary of said Section 7, feet to a point; thence South 00°18' West 25 feet to a point; the REAL POTNT OF DE(*7'-L1`1 T7_ !'; thence South 00°18' West 997.36 feet to a point; thence North 89050' West 364.33 feet to a point on the Street; thence North 00007' East along the East side of Third Streei:, 983,54 to a point on the South boundary of U.S. Hi.g b,;ay 30; t:hc.nc North 88°15' East along the South boundary of LJ. r[_i_ylz,rr�y 30, 365.76 feet to the PLACE OF BEGINNING. LESS AND EXCEPTING the South 60.00 feet thereof. AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) otr w D. K6 S 5 1383 AW D0RwOeA P ff— (name) (address) being first duly sworn upon A'WAC1D, AA/ 43102 oath, depose and say: (city) (state) l . That I am the record owner of the property described on the attached, and I grant my permission to: S4i rst£ (name) (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property, which is the subject of the application. Dated this 13 � day of _AWKc, f- , 200 3 C (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. Notary Public for Residing at 53 ; My Commission Expires: 1?c l- 1 24 0., 1 FEB- 1 9-03 WED 9 44 mvnL vr'iu F=' 0 1 02/.18/2009 05:16 FAX 2065660854. MERIDIAN P6;Z DEPT. X 091 CITY OF MERIAIAN PlardLias 8e Zoning Dcpartmeat 660 & Watcrtoave,r La., Saute. 202, McACN4n, M 83642 (208)884-5533 Phoaa I (209)988-6854 Fax — Del PRE -APPLICATION MEETrNG ] , a - Iafor�ralios: Prr_#, jcadar mfr an MqA&dpdgr 10 & sabmrkd Op pjroArdx meettiggr err emoxraged for av Ar hype of aPP cd*& TM Plamriog ¢r Z-Aq Dopar ,#I al !real 48 hwr b0reyara rrgaes,Ced Pro ct%Subdmslon Name: 6 4 M 09 we 7WOW-64 PNRO Avolicant�{I a(�IJ�S/ �tn"t'• Name: ✓ ^�� Ross Address: 13 e 3 41,rdDEAWOOD D r2 I'hoee Numbw.64`� F= BU trl - waw ww......o....�.. .. Location: ©7 Number of Lorry Total Rates: %. g ftcRES 2. 0 Coa&tiowl Use 7. Tax Paecel Number(s); Cuaru coposed Zoning: S. 0 Lot Line Adjustmeac Type of Applieation(s): 1. 0 Nelimiau7 P12c 6. 0 Variance 2. 0 Coa&tiowl Use 7. 0 Anoexariee & ZonIAS/Rezouc 3, VCcrdfic ate of Zoning Compliance S. 0 Lot Line Adjustmeac 4. 0 Landscape Pka 9. 0 Comprehensive Plan Ameadment S. 0 Planned Development 10. 0 Otbes Please provide list of A "octs� attenel the pre--appblcauoti Meeting, Aoltff'd _A_ Speoi& Questions%Issuesz SOAP .1-4p- L'Ove Or lvc+ A�to � rTs c.dS _r___a tJ 0 �E�7>"R.f&A �_bAC, !rr2�e,.uD r 'TN �R ✓� OI!p Ji, "--Taa TEC-r- ,� S c� . �i,trsrFi d y PrZvA y ; pi�er�Da,2 i ►MO T o 1✓ )00�l.lG O RaWIfyr . D Check here if your proposed developwaot includes a potetatlel public pack of padlwap. Requested Fee-Appticadwi Date & Time. _L k F�f� eta( �� 0 '3 * Coofismation of the requested Meeting dam & tit:ae and +ulvicia staff member will attxnd will be seek via email or E4x to tht applicant PROPERTY FOR LEASE BUILDING SIZE: 12,000 SQ. FT. OCCUPIED: 50 PERCENT AVAILABLE: 6,000 SQ. FT. PROPERTY ADDRESS: 405 E. FAIRVIEW, MERIDIAN, ID 83642 PROPERTY DESCRIPTION FREE-STANDING, CLEAR SPAN RETAIL/OFFICE BUILDING. INDIVIDUALLY METERED LEASE RATE: UTILITIES (NATURAL GAS, ELECTRICITY, WATER), DSL INTERNET AVAILABLE. AMOUNT: MAW ABUNDANT PARKING WITH EASY INGRESS/EGRESS OFF FAIRVIEW AVENUE. LEASE TYPE: LOCATION: LEASE TERM: 3-5 YEAR CENTRALLY LOCATED IN TREASURE VALLEY (FASTEST GROWING REGION IN THE NORTHWEST) JUST SECONDS FROM THE NEW CROSSROADS FAMILY SHOPPING CONTACT INFO: CENTER. EXCELLENT VISIBILITY ON FAIRVIEW AVE. WITH TRAFFIC DEMOGRAPHICS LOREN ROSS/OWNER AMONG THE HIGHEST WITHIN THE STATE. PHONE: 208-888-5694 ADDITIONAL SPACE INFO: EMAIL: KITCHEN AREA, STATE/FEDERAL APPROVED HANDICAP IMPROVEMENTS, LOADING DOCK. ldross057@f11indspring.com Page 1 of 1 file://C:\WINDOWS\Temporary%20Internet%20Files\Content.IES\IATISK6M\ElmTrailor%20(1) jpg 11/26/01