Christmas Forest CZC 07-257
E IDIAN~--
IDAHO
NOTE• This is not a Buildine
Permit Prior to any construction,
you should contact the Building
Department at (2081 887-2211 to
verify if any additional permits
and/or inspections will be required
by the Meridian Buildine
Department.
CERTIFICATE OF ZONING COMPLIANCE*
Date: November 21 2007
Project Name/Number: Christmas Forest- CZC-07-257
Owner: New Albertsons Inc.
Site Address: 3301 W. Che Lane
Proposed Use: Tem or Christmas Tree Lot
Zoning:
Comments:
Conditi^n~ of Ar,nrnval'
• All structures and/or the display of merchandise shall comply with the setback
requirements of the district within which it is located (UDC 11-3E-4B1).
• Temporary structures and merchandise shall be displayed so as not to interfere with the
clear vision triangle. In no case shall items be displayed, or business conducted within the
public right-of--way, unless otherwise authorized by the Transportation Authority.
A maximum of one (1) structure shall be allowed and may cover a maximum of seven
hundred and fifty square feet.
• The use shall not result in the construction of any permanent structures that would not
otherwise be permitted subject to the regulations of this Title (UDC 11-3E-4C2).
• Any temporary structures shall be portable and completely removed at the end of the
allowed time period (UDC 11-3E-4C3).
The applicant shall obtain any necessary building permits (UDC 11-3E-4C4).
• One (1) caretaker unit in a trailer or recreational vehicle maybe allowed on the site only
for the purpose of security and maintenance of the site (11-3E-4D1). Furthermore, the
unit shall be completely removed at the end of the allowed time period (11-3E 4D2 .
• Adequate off-street parking shall be provided to serve the use (UDC 11-3E-4E 1).
• The use shall not displace the required off-street parking spaces or loading areas of the
~~
•
principal permitted uses on the site (11-3E-4E2).
The entrance and exit drives shall be designed to prevent traffic hazards and nuisances
(11-3E-4E3).
• All surfaces used for parking shall be constructed with paving vegetative cover, or of a
dustless material (UDC 11-3E-4E4 11-3E-SE and 11-3E-8E).
All signs erected in association with the use shall be in compliance with the regulations
for signs Chester 3 Article D SIGN REQUIREMENTS of the Meridian Crtv Municipal
Code (UDC 11-3E-4F).
Compressors, fans, pumps, and other motorized equipment shall be located or shielded to
reduce noise levels to adjoining properties (11-3E-4G).
The site shall be returned to a clean condition after the termination of the use, including
free of debris and garbage (UDC 11-3E-4H1).
Unsold food products, trees, greens, or debris generated by the use shall be properly
disposed off the site (11-3E-4H2).
The applicant or owner shall obtain written approval of the Meridian City Fire
Department (11-3E-SB).
Applicant shall comply with the standards for access as determined by the Transportation
Authority (11-3E-SD and 11-3E-8D).
Such sales are limited to a period of time not to exceed two (2) consecutive months for
pumpkin and Christmas tree sales. Christmas tree lots shall be removed by the 1st day of
January (11-3E-8C).
The use shall comply with any guidelines, regulations and permitting process required by
any authorizing public agencies, including but not limited to, the Central District Health
Department, Transportation Authority, and Meridian City Departments. Contact Joe
Silva, the City Fire Marshal, at 888-1234 for Fire Department standards and regulations.
Comply with all other applicable City Code.
This approval applies to 3301 W. Cherry Lane.
Jenn';~ .etch
Ast City Planner
*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.
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Pro'ect name: ~`~ •'ti.~5 ~ -4' File #: (}~' -'LS
A plicant/agent: j Q Gitit ~ f/ _ ro..,
Planning Department
TEMPORARY USE CERTIFICATE OF ZONING COMPLIANCE
Application Checklist
Al] applications are required to contain one copy of the following unless otherwise noted:
Applicant
,~
Description Staff
(~
Com leted & si ned Administrative Review Application
Narrative fully describing the proposed use of the property, including the following:
- Information on any previous approvals or requirements for the requested use
(i.e., applicable conditions of approval or Development Agreement)
- Date(s) temporary use will begin and end
Recorded warranty deed for the subject ro erty
f~, Affidavit of Legal Interest signed & notazized by the property owner (if owner is a corporation,
'
submit a co of the Articles of Incorporation or other evidence to show that the erson si in is an authorized agent.)
Scaled vicinity map showing the location of the subject property (can be obtained from the / '
Planning De artment
Sanitary Service Com any ap royal for trash enclosure & access drive (stamped site plan)
Site Plante copies (folded to 8 ''/Z" x 11" size)
The followin items must be shown on the site lan:
• Date, scale, north arrow, and roject name (scale not less than I"=50')
• Names, addresses, and telephone numbers of the developer and the person and/or
firm pre arin the lan
• Access oints to public street
• Parking stalls and drive aisles
• Trash enclosure(s)location
• Sidewalks or athways (proposed and existing)
• Location of ro osed building on lot (include dimensions to property lines)
• FeriCin (proposed and existing)
• Calculations table including the following:
- Number of parking stalls required & provided (specify handicap & compact staus)
- Building size (sq. ft.)
- Lot size (sq. ft.)
- Setbacks
- Zoning district ~' - C.
Structure and/or building elevations (hotos are acce table) ~t/
2.~ Fee ~/
ACRD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD as they pertain to this
application. All impact fees, if arty, shall be paid prior to the issa~ance of a building permit. If arty changes must be
made to the site plan to accommodate the ACHD requirements, a netiv siteplan shall be submitted to the City of
Meridian Planning Department for approval prior to the issuance of a ba~ilding permit.
Yoatr building permit tivill not be issued a~ntil ACHD has approved yoz~r plans and all associated fees have been paid
APPLICATION WILL NOT BE ACCEPTED UNLESS ALL ITEMS ON THE CHECKLIST ARE SUBMITTED.
660 E. Watertower Lane, Suite 202 Meridian. Idaho 83642
Phone: (208) 884-»33 Facsimile: (208) 888-684 Website: www.meridiancity.ore
(Rex 9/21CQ6J
Planning Department
ADMINISTRATIVE REVIEW APPLICATION
e of Review Requested (check all that apply)
Accessory Use
^ Alternative Compliance
^ Certificate of Zoning Compliance
^ Conditional Use Permit Minor Modification
^ Design Review
^ Private Street
^ Property Boundary Adjustment
^ Short Plat
Temporary Use Certificate of Zoning Compliance
^ Time Extension (Director)
^ Vacation
^ Other
Applicant Information
~(~o
A licant name•
Phone: 2C~'J ~ ~2 `~~~'
Zip: ~~~d~
Owner name: ~ ~`Q~ ~ ~"'` ~ Phone: ~
Owner address: 2. S G ~ ~ 4. ~ F~ ~ ~ ' ~`'P Zip: //~ ~ ZG
t tive)•
STAFF USE ONLY: _
File number(s): C ~!~ ~ ~ ~S
~C~./~
tee- .
Project name: ,t v ~ ~ ~
Date filed: ll 1-d Date complet : 1 1,~'Zt~
Assigned Planner: ~~ .~~L ~~!'0~~1~'-!~
Related files:
~...--~
Pp
Applicant address: ~ [~ ~G ~ ~--e~ ~ 1 ~ I ~ ~ S ~
Applicant's interes in pra"perly: ^ Own Rent ^ Optioned ^ Other
Agent name (e.g., architect, engineer, developer, represen a
r: -~~
Phone:
Zip: _
1 X1111 iiu+aav
Address: ,
Primary contact i~ IdApp tc~
Contact name:
E-mail:
Phone: 2Dg y ~ ~ ~ ~ 6 UD
Fax:
Subject Property Information ~ ~~~
Location street address:
Assessor's parcel number(s):
Township, range, section: Total acreage: .. -'~----
Current land use: ~ ~ `~ Current zoning district:
Owner Agent ^ Other
~ d-P~a, tnd
660 E. Watertower Lane. Suite 202 Meridian; Idaho 83642
Phone: (208) 884-5633 Facsimile: (208) 888-6864 Website: ww~~~.meridiancity.org
I (Rev. 9./21:06)
ProjectJsubdivision name: ~ ~ vj ~ ~ ~'
General description of proposed project/request: ~~
Proposed zoning district(s): _
Acres of each zone proposed:
R
Type of use proposed check all that apply):
^ Residential Commercial ^ Office ^ Industrial ^ Other
Amenities provided with this development (if applicable): N
Who will own & maintain the pressurized irrigation system in this development? N
Which irrigation district does this property lie within? /
Primary irrigation source: Secondary: N 1 ~
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water):
Residential Project Summary (if applicable)
Number of residential units: Number of building lots:
Number of common and/or other lots:
Proposed number of dwelling units (for multi-family developments only):
1 Bedroom: 2 or more Be ms:
Minimum square footage of structure(s) (excl. garage): Proposed building height:
Minimum property size (s.f): Average property size (s.£):
Gross density (DU/acre-total land): Net density (DU/acre-excluding roads & alleys):
Percentage of open space prov' Acreage of open space:
Percentage of useabl en space: (See Chapter 3, Article G, for qualified open space)
Type of op pace provided in acres (i.e., landscaping, public, common, etc):
T dwelling(s) proposed: ^Sfngle-family ^ Townhomes ^ Duplexes ^Multf-family
Non-residential Project Summary (if applicable)
Number of building lots: ' ~ Other lots:
~ ,~
Gross floor area proposed: ~ ~"t~~~ _~ -~ aJ `~I Existing (if applicable):
Hours of operation (days and hours): 1"~~(_ ~a.~~ ~ Building height:
Percentage of site/project devoted to the following:
Landscaping: Building: Paving:
Total number of employees: Maximum numb_e/r of employees at any one time:
Number and ages of students/children (if applicable): N f~ Seating capacity: ~/
Total number of parking spaces provided: ~ ~ Number of compact spaces provided:
Authorization
Print applicant name: 1 "' ~' " ~ ' '
Applicant signature: Date: ~ E ~~ ~~
660 E. Watertower La ,Suite 202 Meridian, Idaho 83642
Phone: (208) 884-5533 Facsimile: (208) 888-6854 Website: www.meridiancity.org
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A Pioneer Company 30 i S E l PION
PIONEER TITLE COMPANY ,~/~ , Q
OFADACOUNN ~9S I'l~ ~ ~~ ~,
8151 W. Rifleman Ave /Boise, Idaho 8370~g ~4) 3' j/-2f1 ~3
FEE ~2%~ - • .'~•-~
RECGItiUEU :.~ •:' - ycuUEST GF
WARRANTY DEED
(INDIVIDUAL)
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FOR VALUE RECEIVED JAMES W. FULLER AND LOIS J. FULLER, HUSBAND AND WIFE
Grantors , do hereby grant, bargain, sell and convey unto ALBERTSON' S , INC .
the Grantee ,whose cureent address is: 250 PARKCENTER BLVD. , BOISE, ID 83726
the following described real property in ADA County, State of Idaho, more particulary described as
follows, to-wit:
SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF
TO RAVE AND TO HOLD the said premises, wills their appurtenances unto the said Grantee ,and Grantee heirs
at-d assigns forever. And the said Grantor sdo hereby covenant to and with the said Grantee the Grantor s are the
owner sin fee simple of said premises; shat said premises are free from all encumbrances, EXCEPT lltose to which this
conveyance is expressly made subject ;utd those made, suffered or done by the Grantee ;and subject to reservations,
restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments,
(includes irrigation and utility assessments, (if any) for Ute current year, which are not yet due and payable, and that Grantor
will warrant and defend the same from all lawful ciaitns whatsoever.
j ~~
Dated: April 2~ f 1995
.. _ .. ., , ~„ ~ ~ _ LOIS J . LER
STATE OFq~t~DA ,County of~nA , ss.
On this ~,~day of , in the year oC i99,Tt- ,before me
a tary public, per-
~ ~. ~ - .
~~ _ r~
~~ •
EXHIBIT "A" TO WARRANTY DEED
A TRACT OF LAND LOCATED IN THE NORTHEAST OUARTEA OF THE NORTHEAST QUARTER OF
SECTION 10 TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, IN THE CITY OF
MERIDIAN, IDAHO, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS CAP MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 10,
THENCE;
NORTH 89 DEGREES 41' 38" WEST A DISTANCE OF 530.00 FEET ALONG THE NORTH LINE OF SAID
SECTION 10 TO A POINT, THENCE;
SOUTH 00 DEGREE 18' 22" WEST A DISTANCE OF 49.34 FEET ALONG THE EAST LINE OF THAT TRACT
OF LAND DESCRIBED 1N INSTRUMENT NO. 8351286 TO WALLACE D. LOVAN AND VINITA LOVAN GATED
SEPTEMBER 26, 1983, IN ADA COUNTY DEED RECORDS TO THE TRUE POINT OF BEGINNING, SAID
POINT BEING ON THE SOUTH RIGHT OF WAY UNE OF CHERRY LANE AS DESCRIBED IN INSTRUMENT
N0. 94060466 TO ADA COUNTY HIGHWAY DISTRICT, RECORDED ON JUNE 24, 1994 IN ADA COUNTY
DEED RECORDS, THENCE;
SOUTH 88 DEGREES 33' 40" EAST A DISTANCE OF 227.29 FEET ALONG SAID RIGHT OF WAY LINE TO A
POINT, THENCE;
SOUTH 89 DEGREES 07' 29" EAST A DISTANCE OF 228.53 FEET ALONG SAID f{IGHT OF WAY LINE TO A
POINT, THENCE;
SOUTH 44 DEGREES 33' 42" EAST A DISTANCE OF 42.09 FEET TO A POINT BEING 45.00 FEET DISTANT
FROM (WHEN MEASURED AT RIGHT ANGLES TO) THE EAST LINE OF SAID SECTION 10, THENCE;
SOUTH 00 DEGREE 00' 05" WEST A DISTANCE OF 215.52 FEET AND PARALLEL WITH SAID EAST LINE
TO A POINT, THENCE;
SOUTH OS DEGREES 10' 56" EAST A DISTANCE 221.37 FEET TO A POINT BEING 25.00 FEET DISTANT
FROM (WHEN MEASURED AT RIGHT ANGLES TO) SAID EAST LINE, THENCE SOUTH 00 DEGREES 00' 05"
WEST A DISTANCE OF 419.74 FEET AND PARALLEL WITH SAID EAST LINE TO A POINT ON THE
CENTER LINE OF EIGHT MILE LATERAL AS DESCRIBED IN.INSTRUMENT N0.768075 PAGES 3-6 IN ADA
COUNTY DEED RECORDS, THENCE;
NORTH 42 DEGREES 00' 12" WEST A DISTANCE OF 757.66 FEET ALONG SAID CENTER LINE TO A POINT
• ~ e ~,.,
ON THE EAST LINE OF SAID LOVAN TRACT, THENCE;. • •.
NORTH 00 DEGREE 18' 22" EAST A DISTANCE OF 331.89 FEET ALONG THE EAST LINE OF SAID LOVAN
TRACT TO THE POINT OF BEGINNING. ~ ~
END OF LEGAL DESCRIPTION _ . ', •,,,~...
11/19/2007 17:08 FAX
2083888 AI.BF.RTSONS
REVOCABLE LICENSE AGREEMENT
I~oo2/oos
THIS REVOCABLE LICENSE AGREEMENT ("Agreement") is made as of the 22nd d;a~~ cif October,
2007, by and between NEW AI,BERTSON'S, INC., a Delaware Corporation ("Licensor"), .u~ici 1'sMERALD
LAWNS INC., a ("Licensee").
WHEREAS, Licensor owns or leases a retail supermarket in the State of Idaho ("Store Pr~:ru.v ~~~s"); and
WHEREAS, Licensee desires to enter upon a portion of the parking lot of the Store Premi ~;c: s ;such portion
being referred to herein as the ("Licensed Premises") for the sole purpose of Christmas trees sale~~;
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual promise; a-c. covenants
contained herein and other good and valuable consideration, the receipt and sufficiency of v~~lc is ~ are hereby
acknowledged, Licensor and Licensee agree as follows:
1. Licensor hereby grants to Licensee, and Licensee hereby accepts from Licensor, a lia~nsf: to use the
Licensed Premises on the attached Exhibit "A" for a term commencing on November 23, 2007 a:i~:l. ~:-•rninating at
11:59 p.m., local time, on December 25, 2007. Said license shall include non-exclusive use of i.he ~:c-mmon area
immediately adjacent to the Licensed Premises for ingress, egress and parking ("Common Area"),
2. Licensee may use the Licensed Premises only for selling Christmas trees. Licensee sh;:cl. c-btain, at its
sole cost and expense, all licenses, permits and approvals required by any governmental entity fc~r I..i<ensee's use
of the Licensed Premises.
3. Licensee shall pay to Licensor, as consideration for this Agreement, the sum of One " 1•iocz~ and Dollars
($1,000.00). Licensee shall deliver payment in full of said amount to Licensor on or before No~~f:rnb~:r 16, 2007,
failing which this Agreement shall terminate.
4. LICENSEE ACCEPTS THE LICENSED PREMISES IN THE1R EXISTING CONL.d."I'lC;N "AS IS",
"WHERE IS" AND "WITH ALL FAULTS." Licensee agrees and acknowledges the Licensor i:~ r-at making, has
not made, and expressly disclaims any warranties or representations, express or implied, with. r~:spect to any
aspect, feature or condition of the Licensed Premises including, but not limited to, the suitability cr( the Licensed
Premises for Licensee's intended use. Licensee acknowledges that Licensee is relying solely L.p~:-r. Licensee's
inspection of the Licensed Premises and expressly assumes all risks related to the condition of tie Licensed
Premises.
5. Licensee shall at all times during the term of this Agreement keep the Licensed P:-<;cnises and the
Common Area in a clean, neat and safe condition. Licensee agrees that it will not alter the Lice:n~e:dl Premises or
Common Area in any way, including, but not limited to, driving stakes into the pavement. At all tirr,~:; while upon
the Licensed Premises, all agents, contractors and employees of Licensee will observe all rules ar-r regulations
which Licensor may prescribe for the protection of the public, its personnel and property, i:.u:l~,ding, but not
limited to, safety rules and provisions against smoking.. Notwithstanding anything to the ;:on:rary in this
Agreement, Licensee, and not Licensor, shall be obligated to provide al] security services necess;u~y~ ~~~' appropriate
for the safe and secure use of the Licensed Premises and the ways immediately adjoining the Lice:nse:d Premises by
Licensee and Licensee's agents, contractors, employees and invitees (collectively, "Agents"). Lic~;rtsc~r shall have
no responsibility or obligation in connection with such security ;:.rn;l Licensee
11/19/2007 17:09 FAX
208888 ALBERTSONS
f~j003/006
hereby releases Licensor and the officers, directors, shareholders, trustees, members, partners, li:~n.itf:d partners,
agents or employees of Licensor or any affiliate of Licensor (collectively, "Related Parties") 1"r~~n ~ any and all
loss, damage, liability and claims (including, without limitation, costs and expenses of litigation :ir~d reasonable
attorneys' fees) (collectively, "Claims") which arise out of, or are alleged to have azisen out of, L,i;~c:iisor's failure
to provide such security.
6. Licensee agrees to indemnify, defend and hold harmless Licensor, its Related Parti ~:,, ,ind all other
owners and occupants of the Common Area, or of any part of the shopping center of which the Sto''e ]'remises are
a part, from and against any and all Claims which arise out of, or are alleged to have azisen out :~I, i~;~ Licensee's
use or occupancy of the Licensed Premises or the Common Area, (ii) any breach or default in thc~: '?e rformance of
any of the terms or provisions of this Agreement by Licensee or Licensee's Agents, or (iii) tree t~re:ach of any
warranty or representation on the part of Licensee under Agreement. Licensee's obligations ~+:tli respect to
indemnification hereunder shall remain effective, notwithstanding the expiration or termination oi' th.i ~ Agreement,
as to Claims arising or accruing prior to the date of expiration or termination of this Agreement.
7. Licensee shall maintain, at its sole cost and expense, at least the following insurar.~ce~ ~:overing its
obligations under this Agreement and naming Licensor and Licensor's Related Parties as additional in;;:.reds:
Commercial general liability insurance with broad form coverage endorsement (inclu~:lir~~;; broad form
property damage endorsement) for personal injury, bodily injury or death, and property dama?~: ~:~r destruction
in an amount not less than Two Million Dollars ($2,000,000) for each occurrence;
Comprehensive Commercial Automobile Liability for owned vehicles and for hired .~m~i non-owned
vehicles in an amount not less than Two Million Dollars ($2,000,000) for each accident; and
Workers' Compensation at statutory limits and Employer's Liability at limits not less th;tn t)ne Million
Dollars ($1,000,000).
Such insurance shall be issued by one or more responsible insurance carriers acceptable to Licer~soi :md licensed
to do business in the state in which the Licensed Premises are located. Upon execution of this Ag~e~mEnt and prior
to entering upon the Licensed Premises, Licensee shall provide Licensor with a Certificate of l;is~i'ance which
shall indicate all insurance coverage required by the provisions herein and which shall provide tl'.at .,icensor shall
be provided with thirty (30) days written notice prior to cancellation or modification of such policy.
8. Notwithstanding anything to the contrary in this Agreement, this Agreement is sutj.~c;l i.o all of the
terms and provisions of any lease (whether recorded or unrecorded) and any matter of record ~•lii~;li affects the
Licensed Premises (collectively, "Governing Documents"). Licensee acknowledges than: 1.1-:e Governing
Documents may contain certain easements, covenants, conditions and restrictions on the use anc./~.:r occupancy of
the Licensed Premises and/or the Common Area, and Licensee agrees to be bound by and subject to, ~md to cause
its Agents to be bound by and subject to, all of the easements, covenants, conditions and restric:t:.oits set forth in
the Governing Documents. Licensee agrees that it will not do any act or be guilty of any omission ~~ h: ch might be
or constitute a default by Licensor under the Governing Documents. If any approvals or con~ent~~ are required
under any Governing Document for Licensee's use of the Licensed Premises or the Common Area, I.,i~;ensee shall,
at its sole cost and expense, obtain the same.
9. Licensee shall, at its sole cost and expense, promptly comply with all local, state ;in,l lederal laws,
rules, regulations, licenses, permits and approvals (collectively, "Legal Requirennents") and th re q iirements of
any board of fire underwriters or other similar body in relation to or affecting the condition, use'. ~:x occupancy of
the Licensed Premises. Licensee shall not use, or permit the use of, the Licensed Premises or the (:'oinmon Area in
11/19/2007 17:09 FAX 2083888 ALBERTSONS ~ C~j004/006
in any manner which will in any way conflict with any Legal Requirements. In addition, Licensee s;h~~ll not use, or
permit the use of, the Licensed Premises or the Common Area in any manner which. will result in nit increase in
Licensor's insurance premiums or other costs.
10. Licensee shall keep the Licensed Premises free from any liens arising out of any lalic~r or services
performed, materials furnished, or obligations incurred by or for Licensee.
11. This Agreement may be terminated by Licensor (i) for any reason, in its sole and ab: of a :e discretion,
upon ten (10) days prior written notice, or (ii) immediately in the event Licensor is advised of an ~.lle:l;;e3 breach or
default under the Governing Documents or the violation of any Legal Requirements, or upon ari;+ k~re:ach of this
Agreement, by Licensee. Licensee shall not be entitled to, and hereby waives, any Claims against Licensor for
revocation or termination of this Agreement, with or without cause, prior to the automatic terrninariarr d ate.
12. Upon termination of this Agreement, Licensee shall immediately, in a good, careful grid workmanlike
manner, remove its property from the Licensed Premises, repair any damage to the Licensed Prerni.se:s. and return
the Licensed Premises to Licensor in as good a condition as when received.
13. This Agreement is not induced by Licensor, and Licensee states by way of inducer7~n::o Licensor
that Licensee has determined that there is no violation of any Legal Requirements being committed b!1 Licensee or
Licensor in or arising from this Agreement.
14. Licensee may not assign its rights or obligations under this Agreement to any person ~,~~itl~icut the prior
express, written consent of Licensor, which consent may withheld in its sole and absolute discretion,
15. All notices given pursuant to this Agreement shall be in writing and shall be given by c:er tified United
States mail, or other established express delivery service (such as Federal Express), postage or ~le~ .i~~ery charge
prepaid, addressed to the appropriate party as set forth below:
Licensor: New Albertson's, Inc.
Attn: Legal Department-Real Estate
250 E. Parkcenter Blvd.
Boise, ID 83726
Licensee: Emerald Lawns Inc.
Attn: Keith Moreland
7646 W. Lemhi #1
Boise, ID 83709
The person and address to which notices are to be given may be changed at any time by any p~ir,y upon written
notice to the other party.
16. The individuals executing this Agreement warrant and represent that they are dzil;i~ .ii~thorized to
execute this Agreement on behalf of Licensor or Licensee, as the case may be, and that no other a.c:1, signature or
authorization is necessary to bind such person to the terms and provisions of this Agreement.
17. This Agreement constitutes the entire agreement of the parties with respect to the: s ~I~ject matter
hereof and supersedes all prior agreements, oral or written, with respect thereto. There shall be nu presumption or
standard of construction in favor of or against either party.
11/19/2007 17:09 FAX 208888 ALBERTSONS ~ C~J005/006
18. This Agreement cannot be modified in any respect whatsoever, in whole or in part, c:;ccept by an
instrument in writing executed by both Licensor and Licensee.
19. Licensor shall not in any way or for any purpose be deemed a partner, joint venturer, ar member of
any joint enterprise with Licensee.
20. The failure of a party to insist upon strict performance of any of the terms or provisi~~r-s contained in
this Agreement shall not be deemed a waiver of any rights or remedies that said party may have, and ;;hall not be
deemed a waiver of any subsequent breach or default in the performance of any of the temps a:~r provisions
contained herein by the same party.
21. If either party is composed of more than one person, each such person shall be joinrl;~~ :cr. d severalty
liable hereunder.
22. Each and every term or provision of this Agreement shall be construed to be a ~c;p;.irite term or
provision and shall be valid and enforceable notwithstanding the fact that any other term or pro'~~i.si~:~r. shall have
been found or declared invalid and unenforceable.
23. Each party hereby waives and releases all rights to trial by jury in any action or proce ~:lit~.g brought by
either party against the other (or its Related Parties) on any matters whatsoever arising out o:', or in any way
connected with, this Agreement.
24. This Agreement may be executed in any number of counterparts, each of which sh~tl l l~~e deemed an
original and all of which together shall constitute a single instrument, and shall be effective upc:>ri e:xrcution and
delivery of one or more of such counterparts by each of the parties. Facsimile signatures sh~~l] I-~e deemed to
constitute original signatures.
25. Time is of the essence.
Emerald Lawns Inc.
a
By: '" ~
Name: Keith Moreland
Title:
pY.~st~
New er 's, I
a Dela re C rat
By: +~~..._~;.~
Name: Brad Beckstrom /~
Title: Lead Counsel, Business Law
11/19/2007 17:09 FAX 2083888 ALBERTSONS
Exhibit A
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Store Location Licensed Vendor Amount
180 Cherry & Ten Mile
Meridian ID Emerald Lawns $1,000.0(?
Total $1 OOO.Oi:~
Moos/oos
2007 Exhibit A 1 10/22/2007
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