A-1 heating and Air Conditioning Building CZC 05-125h_
CITY OF "
it IDAHO
1963
PAZ
FILE
CZG - oma, - t25
CERTIFICATE OF ZONING COMPLIANCE*
Date: September 21, 2005
Project Name: A-1 Heating and Air Conditioniniz Building
Owner: A-1 Heating and Air Conditioning
Site Address: 527 N. Linder Road
Proposed Use: Office and warehouse
Zoning: I -
Comments:
Conditions of Approval: Project is subject to all current City of Meridian ordinances, and the terms
and conditions of approval for Monica Subdivision (PFP-05-002). The issuance of this permit does
not release the applicant from any requirements of other permits issued for this site.
Site Plan: The site plan prepared by Larry Knopp Architects, labeled Sheet A1.0, dated September,
2005, and stamped on 9/21/05 "approved" by the Meridian Planning & Zoning Department, is
approved with no changes. The site/landscape plan is not to be altered without prior written approval
of the Planning & Zoning Department.
Landscape Plan:. The landscape plan prepared by Larry Knopp Architects, labeled Sheet L 1. 0, dated
September, 2005, and stamped on 9/21/05 "approved" by the Meridian Planning & Zoning
Department, is approved with no changes. The site/landscape plan is not to be altered without prior
written approval of the Planning & Zoning Department.
Irri ation: An underground, pressurized irrigation system must be installed to all landscape areas per
the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28.
Curbing: Per MCC 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 may be cut to allow for storm water runoff.
Parking: The 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 with ADA. The applicant shall be responsible for meeting the
requirements of ACHD as they pertain to this development.
Sidewalks: All sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K.
Sidewalks shall be constructed prior to occupancy.
Drainage: Storm water drainage swales shall not have a slope steeper than 3:1, shall be fully
vegetated, and shall be designed in compliance with MCC 12-13-14.
Li_ h ting: Lighting shall not cause glare or impact the traveling public or neighboring development.
Down -shield all lighting so it does not spill onto adjacent properties.
Signage: No signs are approved with this CZC. All business signs require a separate sign permit in
compliance with the sign ordinance.
Trash Enclosure: All dumpster(s) must be screened in accordance with MCC 11-12-1.C. Trash
enclosures must be built in the location and to the size approved by SSC.
Handicap -Accessibility: The structures, site improvements and parking must be in compliance with
all federal handicap -accessibility requirements.
ACHD Acceptance: 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 & 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.
Plan Modifications: The approved Site and Landscape Plans, stamped "approved" on 9/21/05 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.
J sh Wilson
Associate ity 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 permit shall expire one (1) year from the date
of issuance if work has not begun.
DEPARTMENT
PLANNING & ZO G
INSPECTION CHECKLIST
COMMERCIAL/CZC SITES
This checklist should be attached to the inside cover of the CZC file at ALL times.
Planner/Inspector Name:
Project Name: A ' R'A 1 -4 L -4,Q A CZC File No.: 05--
Contractor/Company Name:
Phone No.:
First Inspection Date: q/ / n
Second Inspection Date:
Third Inspection Date: / / (NOTE: If a third inspection is required, a fee of $60 must be
Dept. b
submitted to the P&Z Depe ore the inspection is done)
Landscape Plan Checklist 11
Item Site NotesO.K. �
A. Date of approved landscape plan
/Buffer betwee us r ' x �' 1z E
B. Stte&" uffer /Perimeter `land �
1. Width of buffer (exclude
detached s/w widths)
2. # C—of trees
3. Caliper/size of trees
{
(measure 6-8 inches above
round)
4. Species mix per plan
5. Groundcover (if seeded,
veriy gfrmination)
6. Right-of-way landscaping.
7. Verify no encroachments
(e.g. fencing,parking)
8. Berniing (max. 2:1 slope;
'
3:1 if lawn)
C: P.lanters ,, -
1. Verify min. 5' b/w curbs
2. Verify min. 50 sq. ft.
3. Plantings per plan
D. Existing trees/mitigation
1. Verify existing tree(s)
retained'
2. Verify mitigation tree(s)
planted
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E. Sight triangle(s)
1. Verify size/location
WPdrki-fig",
1. Standard stall dimensions
2. Verify height of shrubs
2. Compact stall dimensions
F. Pressurized irrigation (verify installed) 4'v
G. Stormw'ater area(s)
1. Less than 3:1 slopes
2. Dry creek formation (if
applicable)
3. Max. 5 ft. dimension for
rock sump
4. Max. 2 ft. dimension for
sand/grease grates
Duo -xNtey V_rLoLe ON tWL47,
fa4r Ws-mtuo
I Site Plan Checklist
Item Site Notes 0. K-- 0
4.1Date 16fapproved site plan..
WPdrki-fig",
1. Standard stall dimensions
2. Compact stall dimensions
3. Handicap stall dimensions
4. Handicap signs/striping
5. Aisle width
6. Wheel stops (if required)
Duo -xNtey V_rLoLe ON tWL47,
fa4r Ws-mtuo
C. Trash Enclosure_,
1. Min. 3 -sided screening
2. Constructed per plan
,D"Sidewdlks1Pafhway,s,
1. Verify location
2. Verify minimum width
E. Curbing
1. Installed per plan
F. Special conditions/Redlines,.
1. Verify any special
conditions from CZC or
redline notes on plan are
complete
I
Rev. 5/.L5" t)5
-tin<
nt Tlolic,'.i
Post -Inspection Checklist
Item. Date Complete
A. Incomplete? (Follow 5 steps below)
I . Obtain bid for incomplete improvements + 110%
2.Owner/contractor posts surety (cash, check or Letter of Credit)
3. Clearly print # of days the "Temp CO" is valid on card
4. Sign "Temporary" column on CO card
5. Submit check or Letter of Credit to Finance Dept. with memo
B. Complete?
1. Sign and date "Final" column on CO card
2. Notify Finance Dept. to release surety (if it was a Temporary CO)
2. Complete checklist and close file
* The only instance that a CO may be released prior to 100% completion of improvement is inclement
weather, as determined by the Director. If weather is a factor, follow MCC 12-13-19-2.
A i,`25
CITY OF MERIDIAN
Planning & Zoning Department
660 E. Watertower Ln., Ste. 202, Meridian, IID 83642
(208)884-5533 Phone / (208)888-6854 Fax
CERTIFICATE OF ZONING COMkIANCE WZQ APPLICATION
12S (Section 11-19-1, Zoning and Development Ordinance)
PROJECT NAME:
APPLICAN
ADDRESS:
4ti
C.
PHONE: FAX: E-MAIL:
OWNER S) OF RECORD: z4 - / Ag4)�A6 -�X &y0474C0U1W_)
ADDRESS: Z,?aV F7�-e7(— --4/
t7t'-, .6 5; -3 70
PHONE:. FAX: G -7 2 fL E-MAIL: Pa -A44 &01�&j I
.1 (VOW
ARCHITECT (IF DIFFERENT THAN APPLICANT): I
ADDRESS:
PHONE: - FAX:— E-MAIL
ADDRESS, GENERAL LOCATION OF SITE: 7 A/4,4 /4-� /
DESCRIPTION OF USE:
PRESENT ZONE CLASSIFICATION:
C4�i6 reby affirm that I will agree to pay any additional sewer, water or trash
fees or charges, if any, associated 4ith the use that I/we 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
inflis true and correct.
(Appiplic I's �Sigpnatuie) (Date)
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0R ITECTS PLRNKE8S
.4i Cath°� P LARRY R. 9 H 0 P P H C R R 8 CE911fIE0
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35S S. THIRD Si. SUIT[( BOISE. 10. 03102
PH: 33 6-1419 EMRI l:lkaapp�aetboise.q ERH:343-2247 A
LETTER Of y
TRANSMITTAL SFS
Company �Go�iea /-�w-,u�.v` 2"u, Job #:
Address ll/.,� Date:
Attn: �' Cj C(„�i�Gr� RE:
WE ARE SENDING YOU:
Attached Shop Drawings
Copy of Letter Vellum
Change Order _ Bluelines
Under Separate Cover Via:
Z.�
Samples
Specifications
Other
Submittals
For Approval
For Your Use
As Requested Submit
Review & Comment Resubmit
Return for Corrections
Other
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660 E. Watertower Lane, Suite 202
Meridian, ID 83642
Phone: (208)884-5533
Fax: (208)88M854
To: Oscar @ Larry Knopp Architects
Fax: 343-2247
Phone:
CITY OF MERIDIAN
Planning & Zoning
From: Josh Wilson
Date: 9/15/2005
Pages: (Including cover)
Re: A-1 Heating and Air CZC CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
*Comments
Oscar,
Attached are redlines for the A-1 Heating and Air Conditioning CZC. They are as follows:
1. Please eliminate the four parking spaces on the south side of the entry road and
replace with suitable landscaping. Marked as "A" on the attached drawings.
2. Add six trees to the planter strip on the south side of the entry road in order to meet
the 1 tree per 35 linear feet requirement. Marked as "B" on the attached drawings.
3. Add one tree to the internal planter which serves two rows of parking in the parking
lot. Marked as "C on the attached drawings.
4. Add one tree to the north property line. Marked as "D" on the attached drawings.
5. Add one tree to the landscaped area along Linder Road. Marked as "E" on the
attached drawings.
6. Add one tree to the planter strip on the north side of the entry road. Marked as "F" on
the attached drawings.
7. Add a minimum five foot (5) wide planter strip around the perimeter of the rear
asphalted area, with a minimum of 1 tree per 35 feet, for a total of 18 trees. Marked
as "G on the attached drawings.
Once plans which reflect these changes are received by our office, I can issue the Certificate
of Zoning Compliance. Please call with any questions, 884-5533.
Thanks,
Josh Wilson.
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TYPE OF CONSTRUCTION I I --B
ZONED II -
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LOT AREA 118,(42 5Q. FT. = 2.1'2 AGRES`
5U I L D I NG' SIZE
19,211 SQ. FT. G RO55
PAVED AREA
85,ro30 -SQ.FT.
LANDSCAPE AREA
10,022 5'i!;2.FT.
SIDEWALKS, APRONS, DOCKS
3,7119 SQ.FT.
LANDSCAPE 6 R.O.W.
800 SQ.FT.
PARKING
WAREHOUSE REQUIRED 15,133 S:F./1,000
S.F. = 18 PARKS
PROVIDED
= 35 PARKS
OFFICE REQUIRED 3,528 5.F./250
S.F. = 15 PARKS
PROVIDED
= 35 PARKS
HANDICAP
= 2 PARKS
TOTAL PARKS PROVIDED
= -12 PARKS
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35S S. 1111110 Si. SUIIE C 001St. 10. 9310z
"illi ° - Job Number: C 7 /3a
Date:
4 " Ave # Pages w/Cover:
. Fax Number:
If you do not receive the number of pages indicated above, please call 20$-336-1419, as soon as possible.
1maortant: This eornmunieation is intended solely for the use of the individual or entity to which it is uddrttmd. It contains information that
may be confidential and/or privileged if you are not intended recipient; you arc hcscby notified that the disclosure of this
communication is strictly prohibited. lfyou have received this communication in error, please notify us immediately by `
telephone and return this original me93age to uS ar the above address via regular postal scrvioc. Thank you!
.. ..SANITARY SERVICE COMPANY
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08/26/05 FRI 08:41 FAX 383 7710 US BANK BBC
(�— a0 7 • pDA COUNTY RECORDER J. Pw'D NAVARRO
BOISE IDAHO 07107104 04:2+x,, -
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DEPUTY Vidd Allen
• RECORDED—REQUEST Of
111 1111111111111111111111111111111111
W Tranttnatlon title 104066064
AMOUNT 33.00
This instrument prepared by and
after recording return to:
MARK MUNROE
U S. BANK N.A.
COLLATERAL DEPARTMENT
_P 0. BOX 530$ -
PORTLAND OR 97228-5308
" 5824094733-
` E�biank IDAHO' DEED OF TRUST, SECURITY AGREEMENT
AND ASSIGNMENT OF RENTS AND LEASES
(INCLUDING FIXTURE FILING,UNDER UNIFORM COMMERCIAL CODE)
This Idaho Deed of Trust, Security Agreement and Assignment of Rents and Leases (including Fixture
Filing Under Uniform Commercial Code) ("Deed of Trust ") is made and entered into by the undersigned
borrower(s), guarantor(s) and/or other obligors)/pledgor(s) (collectively the "Grantor") in favor of U • s •..
BANK TRUST C0MPANY, A having a mailing address at _555 S _QAi,,_..PC TLAIMPc
QR 97 04^� (the "Trustee"), for the benefit of
CJs s . BANx N•. A __ (the "Beneficiary"), as of the date set forth below.
ARTICLE I. CONVEYANCE/MORTGAGED PROPERTY =
i.1 Grant of Deed of Trust/Security Interest. For valuable consideration,; in hand paid by the
Trustee to the Grantor, and the financial accommodations froni the Beneficiary to the Grantor as
described below, the Grantor has bargained, sold; ,conveyed and .confirmed, and hereby bargains, sells,
conveys and confirms, Unto Trustee,'its' successors and assigns, for the benefit of the Beneficiary, the
Mortgaged Property (defined below),to secure all of the Grantor's Obligations (defined below) to the
Beneficiary. The intent of the parties hereto is that the Mortgaged Property secures all Obligations of the
Grantor.to the Beneficiary, whether now or hereafter existing, between the Grantor and the Beneficiary or'
in favor of the Beneficiary, including, without limitation, any note, any loan or security agreement, any
Tease, any other"mortgage, deed of trust or other pledge of an interest in real or personal property, any.
guaranty, -any letter of credit or reimbursement agreement or banker's acceptance, any agreement for any
other services or credit extended by the, Beneficiary to the Grantor even though not specifically
I enumerated herein and any other agreement with the Beneficiary (together and individually, the "Loan
Documents"). The parties further Intend that this Deed of Trust shall operate as a.security agreement with
respect to those portions of the Mortgaged Property which are subject to Article 9 of the Uniform
- Commercial Code.
0. 1.2 "Mortgaged. Property means all of the following, whether now_owned,or existing or hereafter
acquired by the Grantor, wherever located: all the real estate described below or in Exhibit A attached
hereto (the "Land"), together with all buildings, structures, standing timber, timber to be cut, fixtures;
equipment, inventory and furnishings used in connection with the Landand improvements; all materials,
contracts, drawings and personal property relating to any,. construction on the Land; and all other
improvements now or hereafter constructed, affixed or located thereon (the "Improvements") -(the Land
and the Improvements collectively the "Premises"); TOGETHER with any and all easements. rights-of-way.
licenses, privileges, and appurtenances thereto, and any and all leases or other agreements for the use or
occupancy' of -the Premises, all the rents, Issues, profits or any proceeds therefrom and all security
depositsand any guaranty of a tenant's obligations thereunder (collectively the "Rents")all awards as a
result of condemnation, eminent domain or other decrease in value of the Premises and all insurance and
other proceeds of the Premises.
17140ID ®us Bancorp 2001 61 Page 1 of 9 6/03
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Hx,Date%Time AUG-26-21.11.15(14NI) U9:31 LUB. 383 7710 P.,UU3 "
08'/26/05 FRI 08:42_ FA% 383 771U VS BANK BBC 0003
The Land is described as follows (or in Exhibit Ahereto if the description does not appear below):
See Attached Exhibit A
' s
Together with all and singular the passages, waters, water rights (whether tributary or non -tributary). water courses,
,riparian rights, wells, wail permits; water stock, other rights, liberties and. privileges thereof or in any way now or here-
after appertaining tQ the Property.
r 1.3 "Obligations" means all loans by the Beneficiary to B2 INVESIMFNTS LLC _ ____�_�...___.__._._'-.....-_.--•_.--
including those loans evidenced by a note'or notes dated __V_L9_WQ4 —= ----- in the initial'principal amouht(s)°of_ ..
and any extensions, renewals,
restatements and modifications thereof and all principal, interest, fees and expenses relating thereto (the "Note"); and
N also,rrieans all the Grantor's debts, liabilities, obligations, covenants, warranties, and duties to the Beneficiary (plus its
affiliates Including any credit card debt, but specifically excluding any,type of consumer credit), whether now or hereafter
existing or incurred, whether liquidated or unliquidated, whether absolute or contingent, whether, arising out of, the Loan
Documents or otherwise, and regardless of whether such Obligations arise out of existing or future credit granted by the' �.
Beneficiary to any Grantor, to any Grantor and others, to others guaranteed, endorsed or otherwise secured by any ;
Grantor or to any debtor-in-possession/successor-in-interest of any Grantor, and principal, interest, fees, expenses and
charges relating to any of the foregoing, Including, without limitation, costs and expenses of collection and enforcement '
of this,Deed of Trust, -attorneys fees•of both Inside and outside counsel and environmental assessment or remediation
costs. The interest rate and maturity of such Obligations are as described in the documents creating the indebtedness
secured hereby.:
1.4 Homestead. The Premises _ §XA_no-tT ' the homestead of the Grantor. If so, -the Grantor "'releases and
(are) (are not)
waives all rights under and by virtue of the homestead exemption laws of the State of Idaho.
"1.5 Future Advances. This Deed of Trust secures future advances made pursuant to Idaho Code Section 45-108
and shall secure the payment of all loan advances included within the term "Obligations regardless of the time such
advances are made. This Deed of Trust shall also secure unpaid, balances of advances made with respect to, the
I: Mortgaged Property forthe payment of taxes, assessments, insurance premiums or costs incurred for the protection of
F ' the Mortgaged Property and other costs which the Bank is authorized"by this Deed of Trust to,pay on Grantor's behalf,
j plus interest thereon, regardless of the time when such advances are made.
I -ARTICLE II. WARRANTIES AND COVENANTS
In addition to gall other warranties -and covenants of the Grantor under the Loan Documents whlch are expressly
incorporated herein as part of this Deed of Trust, including the covenants,to pay and perform all Obligations, and while a
k l any part otthe credit granted'the Grantor under the Loan Documents is available or any Obligations of the Grantor o the
Beneficiary are'unpaid_or"out standing, the Grantor continuously warrants to the Beneficiary and the Trustee and agrees
"
as follows:
2.1 Warranty of Title/Possession. The Grantor warrants that it has sole and exclusive title to and possession of the `
i Premises, excepting only the following "Permitted Encumbrances": restrictions and easements of record, and zoning
ordinances (the terms of which are and will be complied with, and in the case of easements, are and will be kept free of
encroachments), taxes and assessments not yet due and payable and those Permitted Encumbrances set forth on
Exhibit B attached hereto .(except that if no Exhibit B, is attached, there will be no additional Permitted Encumbrances).
Thenen of this Deed of Trust, subject only to Permitted Encumbrances, is and will continue to be a valid first and only lien
upon all of the Mortgaged Property.
2.2 Maintenance; Waste; Alteration. The Grantor will maintain the Premises in good and tenantable condition and
will restore or replace damaged or destroyed improvements with items of at least equal utility and value. The Grantor wile
not commit or permit waste to be committed on the Premises. The Grantor will not remove, demolish or materially alter
1714D10 Page -i of 9
Rx hate/'Time AUG-26-201.15(FRI) U9`:32 ZU8 383 771U
08/26/05 FRI0.8 43 FAX383 7710 US BANK BBC
I
P. M
Z 004
any part of the Premises without the Beneficiary's' prior written consent, except the Grantor may remove a fixture,
provided the fixture is promptly replaced with another fixture of at least equal utility. -The replacement fixture will be
subject to the priority lien and security of this Deed of Trust.
2.3 Transfer and Liens. The Grantor will not, .without the -prior written consent of the Beneficiary, which may be"
withheld in the Beneficiary's sole and absolute discretion, either voluntarily or involuntarily (a) sell, assign, lease or
transfer, or permit to be sold, assigned, leased or transferred, any part of theL Premises, or any interest therein; or` (b)
pledge or otherwise encumber, create or permit to exist any mortgage, pledge, lien or claim for lien or encumbrance -
upon any part of the Premises or interest therein, except for the., Permitted Encumbrances. Beneficiary has not=
consented and will not consent to any contract or to any work.or to the furnishing of any materials which might be
deemed to create alien or liens superior to the lien of this Deed of Trust or otherwise.
2.4 Escrow. After written request from the Beneficiary, the Grantor will pay to the Beneficiary sufficient funds at such
time as the Beneficiary designates, to pay (a) the estimated annual real estate taxes and assessments on the Premises:
and (b) all property or hazard insurance premiums when due. Interest will not be paid by the Beneficiary on any
escrowed funds. Escrowed funds maybe commingled; with other funds of the Beneficiary. Aii'escrowed funds are
hereby pledged as additional security for the Obligations. ,
2.5 Taxes, Assessments and Charges. To the extent not paid to the Beneficiary under '2A above; the Grantor will
pay before they become delinquent all taxes, assessments and other charges now or hereafter levied or assessed against
the Premises,, against the Beneficiary based upon this Deed of Trust or the Obligations secured by this Deed of Trust, or
upon the Beneficiary's interest in the Premises, and deliver to the Beneficiary receipts showing timely payment.
2.6 Insurance. The Grantor will continually insure the Premises against such perils or hazards as the Beneficiary
may require, in amounts, with acceptable co-insurance provisions, not less than the unpaid balance of the Obligations or
the full replacement value of the improvements, whichever is less. The policies will contain an agreement by each insurer
that the policy will not be terminated or modified without at least thirty (30) days' prior` written notice to the Beneficiary
and will contain a mortgage clause acceptable to the Beneficiary; and the Grantor will take such other action as the
Beneficiary may reasonably request to ensure that the Beneficiary will receive (subject to no "other interests) the
insurance, proceeds from the Improvements. The Grantor hereby assigns all insurance proceeds to and irrevocably
directs, while any Obligations remain unpaid, any insurer to pay to the Beneficiary the proceeds of all such insurance and
any premium refund; and authorizes the Beneficiary to endorse the Grantor's name to effect the same, to make, adjust or
settle, in the Grantor's name, any claim on any insurance policy relating to the Premises. The proceeds and refunds will
be applied in such manner as the Beneficiary, In its sole and absolute discretion, determines to rebuilding of the Premises
or to payment of the Obligations, whether or not then due and payable.
2.7 Condemnation. Any compensation received for the taking of the Premises, or any part thereof, by a
condemnation proceeding (including "payments in compromise of condemnation proceedings), and all compensation
received as damages for injury to the Premises,.br any part thereof, shall be applied in such manner as the Beneficiary, in
its sole and absolute discretion, determines to rebuilding of the Premises or to payment of the Obligations, whether or not
then due and payable. ,
2.8 Environmental Matters. Except as specifically disclosed by Grantor to Beneficiary in writing prior to the
execution of this Deed of Trust, Grantor represents and warrants as follows. There exists no uncorrected violation by the
Grantor of any federal, state or local laws (including statutes,. regulations, ordinances or other governmental restrictions
and'iequirements) relating to the discharge of air pollutants, water pollutants or process waste water or otherwise relating.
to the environment or Hazardous Substances as hereinafter defined, whether such laws currently exist or are enacted in
the future (collectively "Environmental Laws"). The term "Hazardous Substances" will mean any hazardous or toxic
wastes, chemicals or other substances, the generation, possession or existence of which is prohibited or governed by
any Environmental Laws. The Grantor isnot subject to any judgment, decree, order or citation, or a party to (or threat-
ened with) any litigation or administrative proceeding, which asserts that the Grantor (a) has violated any Environmental
Laws; (b) Is required to cle"an up, remove or take remedial or other action with respect to any Hazardous Substances
(collectively"Remedial Action"); or (c) is required to pay all or a portion of,the cost of any Remedial Action, as a poten-
tially responsible party. Except as disclosed on the Borrower's environmental questionnaire provided to the Beneficiary,
there are not now, nor to the Grantor's knowledge after reasonable investigation have there ever been, any Hazardous
Substances (or tanks or.other facilities for the storage of Hazardous Substances) stored, deposited, recycled or disposers`
of on, under or at any real estate owned or occupied ;by the Grantor during the periods that the Grantor owned or
occupied such real estate, -which if present on the real'estate or in soils or ground water, could require Remedial Action.
To the Grantor's knowledge, there,are no proposedor pending changes in Environmental Laws which would adversely
affect the Grantor or its business, and there are no conditions existing currently or likely. to existmhile the Loan Docu-
ments are in effect which would subject the Grantor to Remedial Action or other liability., The Grantor currently complies
with and will continue to timely comply, with all applicable Environmental Laws; and will provide the Beneficiary,
immediately upon receipt, copies of any correspondence, notice, complaint, order or other document frons any source
asserting or alleging any circumstance or condition which requires or may require a financial,contribution,by the Grantor
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or Remedial Action or other response by or on the part .of the Grantor under Environmental Laws, or which seeks
damages or civil, criminal or ,punitive penalties from the Grantor for an alleged violation of Environmental Laws. In the
event of any such circumstance or condition, the Grantor agrees, at its expense and at the request of the Beneficiary, to
permit an environmental audit solely for the benefit of the Beneficiary, to be conducted. by the Beneficiary or an
independent agent selected by the Beneficiary and which may not be relied on by the Grantor for any purpose. This
provision shall not relieve the Grantor from conducting its own environmental audits or taking any other steps-necessa.ry
,to comply with Environmental Laws.
2.9 Assignments. The Grantor will not assign, in whole or in part; without the Beneficiary's prior written consent, the
rents, issues or profits arising from the'Premises. `
2.10 Right of Inspection. The Beneficiary may at all reasonable time's enter and inspect the Premises.
2.11 Waivers by Grantor. To the greatest extent that such rights may then be lawfully waived, the Grantor hereby
agrees for itself and any persons claiming under the Deed of Trust that it will waive and will not, at any time, insist upon or
plead orcin any manner whatsoever claim or take any benefit or advantage of (a) any exemption, stay, extension or
,moratorium law now or at any time hereafter in force; (b) any law now or hereafter in force providing for the valuation or
appraisement of the Premises or any part thereof prior to any sale or sales thereof to be made pursuant to any provision
herein contained or pursuant to the decree, judgment or order of any court of competent jurisdiction; (c) to the extent
permitted by law, any law now or at any time hereafter made or enacted granting a right to redeem from foreclosure or
any other rights of redemption in connection with foreclosure of, or exercise of any' power of sale under, this Deed of
Trust; (d) any statute of limitations now or at any time hereafter' in force; or (e) any right to require marshalling of assets
by the Beneficiary.
2.12 Assignment of Rents and Leases. The Grantor assigns and transfers`to the Beneficiary, as additional security
for the Obligations, all right, title and interest of the Grantor in and to all leases which now exist or hereafter may be
executed by or on behalf of the Grantor covering the Premises and any extensions or renewals thereof, together with all
Rents, it being. intended that this is an absolute and present assignment of the Rents. Notwithstanding. that this
assignment constitutes'a present assignment of leases and rents, the Grantor may collect the Rents and manage the
Premises, but only if and so long as a default has not occurred. If a default occurs, the right of Grantor to collect the
Rents -and to manage the Premises shall thereupon automatically terminate and such right, together with other rights,
powers and authorizations contained herein, shall belong exclusively to the Beneficiary. This assignment confers upon
the Beneficiary. a power coupled with an interest and cannot be revoked by the Grantor. Upon the occurrence of a
default, the Beneficiary, at its option without notice and without seeking or obtaining the appointment of a receiver or
taking actual possession of the Premises may (a) give notice to any tenant(s) that the tenants) should begin making
payments under their lease agreernent(s) directly to the Beneficiary or its designee; (b) commence a foreclosure action
and file a motion for appointment of a receiver; or (c) give notice to the Grantor that the Grantor should collect all Rents
arising from the Premises and remit them to the Beneficiary upon collection and that the Grantor should `enforce the
terms of the lease(s) to ensure prompt payment by tenant(s) under the lease(s). AU` Rents received by the Grantor shall
be held intrust by the Grantor for the Beneficiary. All such payments received by the Beneficiary may be applied In any
manner as the Beneficiary determines to payments required under, this Deed of Trust, the,Loan Documents and the
Obligations. The Grantor agrees to hold each tenant harmless from actions relating to tenant's payrnent,of Rents to the
Beneficiary.
2.13 Fixture Filing. From the date of its recording, this Deed of Trust shall be effective as a financing statement filed
as a`fixture filing under the'.Uniform Commercial Code with respect to the Improvements and for this purpose the name
and address of the debtor is the name and address of the Grantor as set forth in this Deed of Trust and the•narne and
address of the secured party' Is the name and address of the Beneficiary as set forth in this Deed of Trust, The
Mortgaged Property includes goods which are or may become. so affixed to real property as to become fixtures. If, any of
the Mortgaged property is of a nature such that a security interest therein can be perfected under the Uniform
Commercial Code, this Deed of Trust shall also constitute the grant of a security, interest to the Beneficiary and serve as a
Security°Agreement, and Grantor authorizes the filing of any financing statements and agrees to execute other instru-
ments that may be required for the further specification, perfection or renewal of such security interest.
" ARTICLE III. RIGHTS AND DUTIES.OF THE BENEFICIARY
In addition to all other rights (including setoff) and duties of,the` Beneficiary under the Loan Documents which are
expressly incorporated herein as apart of this Deed of Trust, the following provisions %hill also apply:
3.1 Beneficiary Authorized to Perform for Grantor. If the Grantor fails to perfo-rm any of,the Grantor's duties or
covenants set forth in this Deed of Trust, the Beneficiary may perform the duties or, cause them to be performed.
including, without limitation, signing the Grantor's name or paying any amount so required, and the cost, with interest at
the default rate set forth in the Loan Documents, will immediately be due from the Grantor,to the Beneficiary from the
date of expenditure by the Beneficiary to date of payment by the Grantor, and will be one of the Obligations secured by
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this Deed of Trust. ,All acts by the: Beneficiary are,hereby ratified and approved, and the -Beneficiary will not be liable for
any acts of commission.or omission, nor for any errors of judgment or mistakes of fact or -law.
ARTICLE IV. DEFAULTS AND REMEDIES
The Beneficiary may enforce its rights and remedies under this Deed of Trust upon default. A default will occur it the
Grantor fails to comply with the terms of any Loan Documents (including this Deed of -Trust or any guaranty by the
Grantor) or a demand for payment is made under a demand loan, or the Grantor defaults on any other mortgage
affecting the Land, or if any other obligor fails'to comply withthe-terms of any Loan Documents for which the Grantor has
given the Beneficiary a guaranty or pledge. Upon the occurrence of a default, the Beneficiary may declare the
Obligations to be immediately due and payable.
4.1 Remedies. In addition` to therernedies for default set forth below and in the other Loan Documents, including
acceleration,,the Beneficiary upon default will have all other rights and..remedies for default available'by law or equity.
Upon a default, Beneficiary may exercise the following remedies:
(a) Enforcement of Assignment of Rents and Leases. Beneficiary may:
`(i) terminate the license granted to'Grantor to collect the Rents (regardless of whether Beneficiary or Trustee shall
have entered into possession of the,Mortgaged Properly), collect and sue for the Rents in Beneficiary's own name,
give receipts and, releases therefor, and after deducting all expenses of collection, including reasonable attorneys'
fees, apply the net proceeds' thereof to any Obligations as Beneficiary may elect;
r (ii) make, modify, enforce, cancel or accept surrender of any leases, evict tenants, adjust Rent"s, maintain, deco-
rate, refurbish, repair, clean, and make space ready for renting, and otherwise do anything Beneficiary reasonably
deems advisable in connection with the Mortgaged Property;
(iii) apply the Rents so collected to the operation and management of the Mortgaged Property, including the
payment of reasonable management, brokerage and attorneys' fees, or to the Obligations; and
(iv) require Grantor to transfer and deliver possession of all security deposits and records thereof to Beneficiary,
(b) Power' of Sale: Beneficiary may require the Trustee, and the Trustee is hereby authorized and empowered, to
enter and take possession of the Premises and'to sell all or part of the Mortgaged Property'at public auction, to the
highest bidder for cash, free from equity of redemption, and any statutory or common law right of, redemption,
homestead, marital share, and all other exemptions, after giving notice of the time, place and terns of such sale and
of the Mortgaged Property to be sold, in accordance,with applicable law, The Trustee shall execute a conveyance to
the purchaser in feesimple and deliver possession to the. purchaser, which the Grantor warrants shall be given with-
out obstruction, hindrance of delay. The Trustee may sell all or any portion of the Mortgaged Property, together or in
lots or parcels, and may execute and deliver to the purchaser or purchasers of such property a conveyance in fee
simple. The Trustee shall receive the proceeds thereof and shall apply the same as follows: (a) first, the payment of
the expenses of making, maintaining and executing this trust, protection of the Mortgaged Property, including the
expense of any litigation and reasonable attorneys' fees, and reasonable compensation to the Trustee; (b) second, to
any advancements made by the Trustee or the Beneficiary pursuant hereto, with interest .thereon; (c) third. to the
payment of the Obligations herein secured or intended so to be, in such order as Beneficiary shall elect, and any
balance of said Obligations may be the subject of immediate suit; (d) and, fourth, should there by any surplus, Trustee
will pay it to the Grantor, or to such person as may be legally entitled thereto. The sale or sales by Trustee of less than -
the whole of the Mortgaged Property shall not exhaust the power of sale herein granted, and the Trustee is specifically
empowered to make successive sale or sales under such power until the whole of the Mortgaged Property shall be
sold; and If the proceeds of such sale or sales of less than the whole of the Premises shall be less than the aggregate
of the Obligations and - the expenses thereof, this Deed of Trust and.the lien, security interest and assignment hereof
shall remain'in,full force and effect as to the unsold portion of the Mortgaged Property; provided, however, that.
Grantor shall never have any right to require the sale or sales of less than the whole of the Mortgaged Property, but
Beneficiary shall have the right at its sole election, to request the Trustee�to sell less than the whole of the Mortgaged
Property. Beneficiary may bid and become the purchaser of all or any part of the Mortgaged Property at any such
sale, and the amount of Beneficiary's successful bid may be credited on the Obligations. In the event of a foreclosure
of this Deed Trust, whether pursuant to the power of sale granted herein or pursuant to court decree. the Grantor shall
remain liable,for any deficiency.
(c) Judicial and Other Relief. Beneficiary or Trustee may proceed by a suit or_ suits in equity or at law, whether for
the specific performance of any covenant or agreement herein contained or -in aid of the execution of any power
herein granted, or for any foreclosure hereunder or for the sale of the Mortgaged, Property under the judgment or'
decree of any court or courts of competent jurisdiction.
(d)' Entry on Premises; Tenancy at Will.
(i) Beneficiary may enter into and upon and take possession of all or any part of the Mortgaged Property, and may
exclude Grantor, and all persons claiming under Grantor, and its agents or servants, wholly or_partly therefrom; and,
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holding the same, Beneficiary may use, administer; manage, operate, and -control the Mortgaged Property and may
exercise all rights and powers of Grantor in the name, place and stead of Grantor, or otherwise, as the Beneficiary
shall deem best; and in the exercise of any of the foregoing rights and powers Beneficiary shall not be liable to
Grantorfor any loss or damage thereby sustained unless due solely to the willful misconduct or gross negligence of {
Beneficiary. `
(ii) In the event of a trustee's or other foreclosure sale hereunder`and,if at ,the time of such sale Grantor"or any
other party (other than a tenant under a Lease as to which the Beneficiary shall have expressly subordinated the lien
of this Deed of Trust as hereinabove set out), occupies the portion of the Mortgaged Property so sold or any" part
thereof, such occupant shall immediately become the tenant of the purchaser; at such sale, which tenancy shall,, be a
tenancy from day to day, terminable at the will of such purchaser, at a reasonable rental per day based upon the
value of the portion of the Premises so occupied (but not less than any rental theretofore paid by such tenant, com
puted on a daily basis). An action of forcible detainer shall lie if any such tenant holds over a demand in writing for a.
possession of such portion of the Premises. $
(e) Receiver. "Beneficiary may make application to a court of competent. jurisdiction, as a matter of stricf right and `
without notice to Grantor or regard to the adequacy of the Mortgaged Property for the repayment of the Obligations,
for appointment°of a receiver of the Mortgaged Property, and Grantor does hereby irrevocably consent to,such
appointment. Any such receiver shall have all necessary and proper .powers and duties of receivers in similar cases,
including the full power to rent, maintain and otherwise operate the Mortgaged Property"uponsuch terms as maybe
approved by the court.
(f) Remedies Cumulative, 'Concurrent and Nonexclusive. If the Obligations are now or hereafter further secured
by chattel mortgages, other deeds of trust, security agreements, pledges, contracts of guaranty, assignments of ,
leases, or other security; Beneficiary may, at its option, exhaust its remedies under any one or more of said instru
meets and this Deed of Trust, either'concurrently or independently, and in such order as Beneficiary may determine.
Beneficiary shall have all rights, remedies and'recourses granted in the Loan Documents and available.to it at law or
equity (including, without limitation, those granted by the Uniform -Commercial Code),,and same (a) shall be cumula-
tive, concurrent, and nonexclusive, (b) may be pursued separately, successively or concurrently against Grantor or t.
others obligated for, the Obligations, or any part thereof or against any one or more of them, or against the Mortgaged
'Property, at the sole discretion of Beneficiary, and (c) may be exercised as'often as occasion therefor shall arise, it
being agreed by Grantor that -the exercise of or failure to -exercise any of same shall in no event be construed as a
waiver or release thereof or of any other right, remedy or recourse. '
(g) . Waiver by the Beneficiary. The Beneficiary may permit the Grantor to attempt to remedy any default without
waiving its rights and remedies' hereunder, and the Beneficiary may waive any default without waiving any other sub-
Sequent or prior default by the Grantor. Furthermore, delay on the part of the Beneficiary in exercising any right,
power or privilege hereunder or at law will not operate as a waiver thereof' nor will any single or partial exercise of
such right, power or privilege preclude other exercise thereof or the exercise of any other right, power or privilege. No`
waiver or suspension wili be deemed to have occurred unless the Beneficiary has expressly agreed in writing specify-£
ing such waiver or suspension.:
(h) Attorneys' Fees yand Other Costs. Attorneys' fees and other costs incurred in connection'with this Deed of Trust
may be recovered by the Beneficiary and included in any sale made hereunder or by judgment of foreclosure.
ARTICLE V. TRUSTEE
5.1 Action by Trustee. The Trustee named her shall be clothed with full power to act when action hereunder shall
be required, and to execute any conveyance of the Mortgaged Property. In the event that the substitution of the'Trustee
shall. become necessary 'for any reason, the substitution of a trustee in place of that named herein shall be sufficient. ,
The term "Trustee" shall be construed to mean "Trustees" whenever the sense requires. The necessity of the Trustee
herein named, or any successor in trust, making oath or giving bond', is expressly waived.
5.2 Employmerit`of Agents. The Trustee, or any one acting in it's stead, shall have, In it's discretion, authority to
employ all property agents and attorneys in the execution of this trust and/or in the conducting of any sale made
pursuant to the terms hereof, and to pay for such services rendered out of the proceeds of the sale of the Mortgaged
Property, should any be realized; and if no sale be made or if the proceeds of sale be insufficient to pay the same, then
Grantor hereby undertakes and agrees to pay the cost of such services rendered to said Trustee. ..Trustee mayrely on
any document believed by it in good faith to be genuine. All money received by the Trustee shall, until used or applied as
herein.provided, be held in trust, but need not be seg"regated.(except to the extent required by law), and the Trustee shall
not be liable for Interest thereon.
•5.3 Indemnification of Trustee. If the Trustee shall be made a party to or shall intervene in any action or proceeding
affecting the Mortgaged Property or the title thereto, or the interest of the Trustee or Beneficiary under this Deed of Trust,
the Trustee and Beneficiary shall be reimbursed by'Grantor, immediately and without demand, for all reasonable costs.
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charges and attorneys' fees-incurred'by them or either of them in any such case, and the same shall be secured hereby
as a further charge and lien upon the Mortgaged Property:
5.4 ,Successor Trustee.. Beneficiary may at anytime, including any tinme before, during or after the commencement
a or completion of any foreclosure proceeding, remove Trustee (whh or without cause) and appoint a successor Trustee by
an instrument executed, acknowledged and recorded in the real estate records, which recording may take place before,-
during or after the commencement or completion of any foreclosure proceeding, and any such,successor Trustee shall
thereupon succeed to Trustee as Trustee hereunder as if named herein. No defect in the removal of Trustee or in the
appointment of a successor or in the execution and recording of such appointment shall. affect the validity thereof.
Additionally, whether the recording of the successor Trustee instrument takes place before; during or after the com-
mencement or completion of any foreclosure proceeding shall have no effect upon the validity of said proceeding.
Trustee -shall not be disqualified by reason,that Trustee is an officer, employee or stockholder of Beneficiary, or has an
interest in the Obligations. All parties -waive any objection to Trustee having any such interest. Trustee shall be liable
only for gross negligence or willful misconduct. No indemnity or remedy herein conferred is exclusive of any''other
remedy or indemnity, but each shall be in addition to every other hereunder and -at law or inequity. No delay or omission
by Trustee or Beneficiary to exercise any right or power shall impair such right or power or be construed as a waiver of
any default or 'an acquiescence therein. if Trustee shall have proceeded to enforce -any right by foreclosure, entry or
otherwise, and such proceedings are discontinued for any reason, or shall have been determined adversely, then Grantor
and Trustee shall severally and; respectively be restored to their former positions and rights hereunder.
ARTICLE VL MISCELLANEOUS
In addition to all other miscellaneous provisions under the Loan Documents which are expressly incorporated as a
part of this Deed of Trust, the following provisions will also apply: k
6.1 Term of Deed of .Trust. This Deed of Trust shall' continue in full force and effect until this Deed of Trust is :
released. a
6.2 Time of the Essence. Time is of the essence with respect to payment of the Obligations, the performance of all
covenants of the Grantor and the payment of taxes, assessments, and similar charges and insurance premiums. " +
6.3 Subrogation. The Beneficiary will be subrogated to the lien of any mortgage or other lien discharged, in whole or
in part, by the proceeds of the Note or other advances. by the Beneficiary, in which event any sums otherwise advanced
by the Beneficiary shall be immediately due'and payable, -with interest at the default rate set forth in the Loan Documents
from the date of advance by the Beneficiary t6the date of payment by the. Grantor, and will be one of the Obligations
secured by this Deed of,Trust.
6.4 Choice of Law. ThisDeed of Trust will be governed by the laws of the state in which the Mortgaged •Property is
located. For all other purposes, the choice of law specified In the Loan Documents will govern. ,
6.5'.Severability. Invalidity or unenforceability of any provision of this Deed of Trust shall not affect the validity or
enforceability of any other provision.
6.6 Entire Agreement. This Deed of Trust' is Intended by the Grantor and the Beneficiary as a final expression of this
Deed of Trust and as a complete and exclusive statement of its terms, there.being no conditions to the full effectiveness
of this Deed of Trust: No parol evidence of any nature shall be used to supplement or,modify any terms.
6.7 Joint Liability; Successors and Assigns. If there is more than one Grantor, the liability of the Grantors'will be
joint and several, and the reference to "Grantor" shall be deemed to refer to each Grantor and to ail Grantors. The rights,
options, powers and remedies granted, in this Deed of Trust and the other Loan Documents shall extend - to the
Beneficiary and `to its successors` and assigns, shall be binding -upon the Grantor and its successors and assigns, and
shall be applicable hereto and to all renewals, amendments and/or extensions hereof.
6.8 Indemnification. Except for harm arising from the Beneficiary's or the Trustee's willful misconduct, the Grantor
hereby indemnifies and agrees to defend and hold the Beneficiary and the Trustee harmless from any and all dosses,
costs, damages, claims and expenses (including, without limitation, attorneys' fees and expenses) of any kind suffered by
or asserted against the Beneficiary or the Trustee relating to. claims -by third parties arising out of the financing provided
under the Loan Documents or related to the Mortgaged Property (including, without limitation, the Beneficiary's failure to
perform its obligations relating to Environmental Matters described in Section 2.8 above) or the exercise by the Beneficia-
ryor the Trustee of any of their respective powers, rights and remedies under this Deed of Trust. This indemnification
and hold harmless provision will survive the termination' of the Loan Documents and the satisfaction of this Deed of.Trust
and Obligations due the Beneficiary. '
6.9 Notices. Notice of any record shall be deemed "delivered when the record has been (a) deposited in the United
States Mail, postage pre -paid, (b) received by overnight delivery service, (c) received by telex, (d) received by telecopy,
(e) received through theinternet, or (f) when personally delivered.
3
6.10 Release of Rights of Homestead and Distributive, Share. Each of the undersigned hereby relinquishes all
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rights of homestead `and distributiveshare in and to the Mortgaged Property and waives all rights'of, exerfiption as to any
of the Mortgaged Property.
6.11 Copy. The Grantor hereby acknowledges the receipt, of a copy of this Deed of Trust, together with a copy of
each promissory note secured hereby, and all other documents executed by the Grantor in,.connection herewith.
6.12 Usury Savings Clause. Notwithstanding anything herein or in the Note to the contrary, no provision contained
a herein,or in the Note which purports to obligate the Grantor to pay any amount of interest or any fees, costs or expenses
which are in excess of the maximum permitted by applicable law, shall be effective to the extent-that it calls for the
payment of, any-interest or •other "sums in excess of such maximum. All agreements between the Grantor and the
Beneficiary,' whether now existing or hereafter_ arising and whether written or oral, are hereby limited so that in no
-contingency, whether by reason of demand for payment of or acceleration of the maturity of any of the indebtedness
secured hereby or otherwise, shall the interest contracted for, charged or received by the Beneficiary exceed the
maximum amount permissible under applicable law. If, from.any circumstance whatsoever, interest would otherwise be
payable to the Beneficiary in excess of the maximum lawful amount, the interest payable to the Beneficiary shall be
reduced to the maximum amount permitted under applicable law; and if from any circumstance the Beneficiary shall ever
receive anything of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal
• to any excessive interest shall at the Beneficiary's option, be refunded to the Grantor or be applied to,the reduction of the
principal balance of the indebtedness, secured hereby and not to the payment of interest or, if such excessive interest
exceeds the unpaid balance of „principal indebtedness secured hereby, such excess,shall be refunded to the Grantor.
* This paragraph shall control all agreements between the Grantor and the Beneficiary. x
6.13 Riders. The rider(s) attached hereto and recorded together with this Deed of Trust are hereby fully incorporated
into this Deed of Trust. jCheck applicable box(es)) ❑ Condominium Rider ❑Second Deed of Trust Rider OConstruction
Loan Rider ❑ Other(s) (Specify)
IN WITNESS WHEREOF, the undersigned has/have executed this Deed of Trust as of _j--7.'20ULY
B2 INVESTMENTS LLC
(Individual Grantor)
Grantor Name (Organization)
a
a. IDAHQ i i l l y cs?mpa.n�'—
A By - -- -
r Printed Name N� - -
PAT ICK-MI EGAR r `I
Name and Title M ER
, (Individual Grantor)
By— -- --- . — —
SCOTT PRIVETTE 1
`Name and Title _MMER _
PrintedAName _N/A
(Grantor Address) ,< i
1700 KAMAY DRIVE-
ID
RIVE --__ -_--
— - i
• MERIDIAN, ID 83642
(Beneficiary Address) i
555 SW OAK ~
S I
PORTLAND: OR- 97204-=—.._.__`—.---•--•..........___
(NOTARIZATION ON NEXT PAGE)
1714DID Page 8 of 9 `
Hx Daterrime AUG-26--�ZUWFHI) 1[19:3Z ZUS 3 3 7.71U P.Ulu
08/26/05 FRI 08:50 FA 8 383 7710 US BANK BBC °1?1010
STATE OF
ss.
COUNTY OF
On before me personally appeared __E!L�TLRI�CK MINEGAR* and SCOTT PRIVETTE
to me known to be the person(s) described in and, who executed the foregoing Instrument and, known to me to be
MEMBER and MEMBER executing on behalf
'-(Type of authority or title, if any, e.g., officer, vice president, trustee; if an individual, a married individual, a single individual)
of B2 INVESTMENTS LLC
(Name of entity on whose behalf the document was executed: use N%A if individual)
a-IDAHO"limited liabilitv-coava A and
(St—ate of organization and type of organization. use N7A individual)
acknowledged that he/she/they executed the same as the free act a of such in)jivid ual(s) /entity.
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of Public
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1714DID, Page 9 of 9
Hx Date/Time AUG-Zb-ZUU5(FHI) 09:32 ZU8 3 3 771U P.911
08'/26/05 FRI 08:51`FA* 383 7710 US BANK BBC Z011
EXHIBIT A TO�_OF TRUST �! 5824094733
(Legal Description)
Grantor: B2 INVESTMENTS LLC
Trustee: U.S. BANK TRUST COMPANY, N.A.
Beneficiary: U.S. BANK N.A.
Legal Description of Land:
EXHIBIT "A"
A parcel of land being- .a`portioh.of the Southeast quarter"of Section 11 Township 3 North,
Range 1 West, Boise Meridian, Ada County, Idaho, more particularly; described as follows:
Beginning at an' iron pin marking the Southeast corner of the Southeast quarter of Section
11, Township 3 North; Range 1 West, Boise Meridian, Ada County,,Idaho; thence
along the.Easterly boundary of the said Southeast quarter of Section 11, which is also the
centerline of Linder Road,
North 00°58155" West 757.80 feet,(formerly North 01001145" West),to a P.K. nail, said P.K.
nail being the REAL'POINT OF BEGINNING; thence continuing
along said Easterly boundary and centerline,
North 00058'55" West 365.00 feet (formerly Noxth.,010011451t West),to a P.K. nail; thence
leaving said Easterly boundary and centerline
South 89001'05" West 598.49 feet (formerly South 88058'15" West) to an iron in; thence
South 00058155" East 365.00 feet (formerly North 01°01'45" West) to an iron pin; thence
North 89°01105" East 598.49 feet to the POINT OF 'BEGINNING.
EXCEPTING THEREFROM a parcel of land being a portion of the Southeast quarter of Section
11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly
described'as follows:
Beginning at an iron pin marking the Southeast corner of the Southeast quarter of Section
11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; thence
North 00058'55" West 757.80 feet'alon4 the Easterly boundary of the said Southeast quarter
'of Section 11, which is also the centerline of Linder Road to a P.K. nail; thence.
South 89001'05" West 45,00 feet to a point, on the proposal Westerly right of way of Linder
Road the REAL POINT OF BEGINNING of this description; thence
South 89001'05" West 238.69 feet to a point; thence
North 00058155" West 182:50 feet to a point, thence
North 89001105" East 238.69 feet to a point on said right of way; thence
South 00058155" East 182.50 feet to the REAL POINT OF BEGINNING of this description.
FURTHER. EXCEPTING THEREFROM a parcel of land for public right-of-way located in the
Southeast quarter of Section 11, Township 3 North, Range,.l.West, Boise Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at. an iron pin marking the Southeast corner`of the Southeast quarter of Section
11, Township 3 North, Range 1 West,'Boise Meridian, Ada County, Idaho; thence
North 00058155° West 757.89 feet along the Easterly boundary of the said Southeast quarter
of Section 11 which is also the centerline of Linder Road to a P.K. nail, said P.R. nail
being the REAL,POINT'OF BEGINNING of this description; thence continuing
along said Easterly boundary and centerline,
North 00058155" West 365.00 feet to a'P.K. nail; thence
leaving said Easterly boundary and centerline,
South 891101105" West 45.00 feet to a point; thence '
South 00°58'55"=East 365.00 feet to a point; thence
North 89001105" East 45.00 feet to the REAL POINT OF BEGINNING of this description -
FURTHER EXCEPTING THEREFROM a parcel of land deeded -to the Ada County Highway District,
recorded June 19, 2002, as Instrument No. 102069190, records of Ada County, Idaho, being
more particularly described as follows:
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Rx Date/'Time AUG-26-2UU51FHIj 09:32 2U8 383 771U P.U12
08/26/05, FRI -08:52 FA 8 383 7710 US BANK BBC Z012
LEGAL DESCRIPTION (continued)
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A parcel of land being a portion of the Southeast quarter of Section 11, Township 3 North,
Range 1 West, Boise Meridian, 'Ada County, Idaho and more particularly described as
follows:
Commencing at a brass cap marking the Southeast corner of, the Southeast quarter of 'Section
`
11, Township 3•North, Range 1''West, Boise Meridian, Ada County, Idaho from which an
aluminum cap monuinenting the Northeast corner of said Southeast quarter of Section 11
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bears
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North 00058,55" West 2645.97 feet; thence
along the Easterly boundary of the said Southeast quarter of Section 11 which' is along the
centerline of Linder Road,
North 00058155" West 940.30 feet; thence ,
leaving said Easterly boundary and centerline.,
,
South.89001'OS" West 45.00 feet to the Easterly right of way of Linder Road, being the
POINT'OF BEGINNING; thence continuing-
South 89001'05" West 3.00 feet; thence
North 0005845" West.182.50 feet; thence
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North 89001'05" East 3.00 feet to the Easterly right of way of Linder Road; thence x
along said Easterly right of way
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South 00058,55" East 382.50 feet to the POINT OF BEGINNING.
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IMCION PERFORMANCE SP IFICATIONS
PER ORDINANCE 12-13-8
NOTE: Submit 3 copies of this completed form with any application for Certificate of Zoning, Compliance (CZQ.
Proj3ect Name: &V lc as
Specifications:
Available Gallons per Minute:
Available Water Pressure:
Point of Connection (describe and/or Ab t a sitep�Z
• Ptr
imnv (nnnPrtinn • 'le, mac, Gf/
110
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. d O Z s.f.
Backflow Prevention
A backflow prevention device must be installed as required by City Ordinance 9-3.
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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.
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Irrii?ation 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.
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Additional Irrigatio6otes:
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 1/2 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:
I, !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.
Applicant's Sig4athre Date
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AFFIDAVIT OF LEGAL INTE T
STATE OF IDAHO )
COUNTY OF ADA )
�, _ 1�2/�l� !?, A%f i,U�yA,G. /Zoe �✓a�./T SfY�€
(name) (address)
being first duly sworn upon
[�GS� oath, depose and say:
(city) (state)
1. That I am the record owner of the property described on the attached, and I grant my
permission to:
L2,& >44 c�2 -Vr-
(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 / D- day of
200
_�E.
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
D.
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Residing
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Planning Review Division
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Conywv'�`eo��n �ic�
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October 6, .2005 °` '"®
To: Larry Knopp Architect
OCT 10 20 05
355 South Third StreetCity of Meridian
Boise, Idaho 83702 City Clerk Office
OWNER: A-1 Heating & Air Conditioning
1204 Front Street
Boise, Idaho 83702 ('
SUBJECT: MCZC-05-125
Office/Warehouse ,
257 North Linder Road
On May 31, 2005 the Ada County Highway District acted on Monica Subdivision. The.conditions and
requirements also apply to MCZC-05-125. I have attached the above mentioned report for your
information.
If the site plan or use should change in the future, ACHD will review the site plan and may require
improvements to the transportation system at that time.
A traffic impact fee may be assessed by ACHD and will be due prior -to the issuance of a building
permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding
impact fees.
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Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement
widening, driveways, culverts, etc), a permit or license agreement must be obtained from ACHD.
If you have any questions, please feel free to contact me at (208) 387-6174.
Sincerely,
Lisa Bachman ,
Planner I
Right -of -Way and Development Services, Planning Division
Cc: Project File, Construction Services —,Meridian City
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Wight -of -Way & Development Services
Planning Review Division
CL
Gon,n,�fieoC�O }e�rv�icPi
This application does not require Commission action and is approved at the staff level on Tuesday May 31,
2005. Tech Review for this item was held with the applicant on Friday'May 13, 2005. Please refer to the
attachment for request for reconsideration guidelines. Staff contact: Andrea. N. Tuning, 208 -387 -6177 -
phone, 208 -387 -6393 -fax, atunin_q(aD-achd.ada.id.us
File Numbers: Monica Subdivision / PFP-05-002
Site address: Linder Road north of Franklin Road
Owner/Applicant: B2 Investments LLC
1024 Front Street
Boise Idaho 83702
Representative: B&A Engineers
5505 West Franklin Road
Boise Idaho 83706
Application Information:
The applicant has submitted an application to the City of Meridian requesting preliminary plat approval to
construct a 3 -lot commercial subdivision on 5.93 -acres. The site is currently zoned I -L and is located on the
west side of tinder Road just north of Franklin Road.
Acreage: 5.93 -acres
Current Zoning: I -L
Proposed Zoning: I -L
Buildable Lots: 3 -Lots
Common Lots: None
Vicinity Map
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A. ' Findings of At S
1. Trip Generation: This development is estimated to generate 450 additional vehicle trips per day (0'
existing) based on the Institute of Transportation Engineers Trip Generation Manual.
2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building
permit. The assessed impact fee'will be based on the impact fee ordinance that is in effect at that
time.
3. Traffic Impact Study: A traffic impact study was not required with this application:
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4. Site Information: The site is currently vacant.
5. Description of Adjacent Surrounding Area:
a. North: 2.587 -acres zoned I -L (Storage Cubby's)
b. South: 0.917 -acres and .1.49 -acres zoned I -L
c. East: 1.0 and 1.0 -acre sites zoned R-1
d. West: 13.83 -acres zoned 1-L
ME
6. Impacted Roadways
Linder Road: '
Frontage: 182 -feet
Functional Street Classification: Minor Arterial
Traffic count: North of Franklin Road was 15;291 on 12-14-04.
Level of Service: LOS E * Linder Road currently exceeds the COMPASS Planning Thteshold r
Speed limit: 35 MPH
An' acceptable Level of Service for this segment of roadway is a Level of Service 'D based . on
COMPASS Planning Thresholds
7. Roadway Improvements Adjacent To and Near the Site
Linder Road is improved with 2 -traffic lanes with no curb, gutter or sidewalk abutting the site.. There '
is sidewalk that is located directly to the south of this site.
8. Existing Right -of -Way
Linder Road has a total of 88 -feet of right-of-way (48 -feet from centerline).
9. Existing Access to the Site
The site does not have a delineated driveway that accesses the public transportation system.
10. Site History
The District has not previously reviewed a development application on this site.
11. Capital Improvements Plan/Five Year Work Program
Linder Road (from Franklin Road to Ustick Road) is listed in the District's Five Year Work Program,
and. Capital, Improvements Plan to be improved. in 2009. Linder Road is anticipated to be improved to
a five lane roadway with vertical curb, gutter and sidewalk.
12. Level of Service of Linder Road
Linder Road currently carries approximately 15,300 vehicle trips per day. Based on the current traffic
counts, Linder Road currently functions at a Level of Service E. This Level of Service exceeds the
COMPASS Planning Threshold for a 2 -lane arterial roadway.
Although Linder Road currently functions at a Level of Service E, the Level of Service of Linder Road
is anticipated to improve to a Level of Service C when Linder Road is reconstructed in the year 2009.
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B. Findings for Cnsideration
1. Right -of -Way — Linder Road
District policy requires 96 -feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way
allows for the construction of a 5 -lane "roadway with curb,`gutter,'5-foot concrete de4ached sidewalks
and bike lanes.
Linder Road currently has a total of 88 -feet of right-of-way (48 -feet from centerline). Due to
the fact that there is sufficient right-of-way on Linder Road, the District will.not acquire any
additional right-of-way with this application.
2. Sidewalk — Linder Road
District policy requires 5 -foot wide (minimum) concrete sidewalk on all collector stteets (7204.6.5):
Due to the fact that Linder Road is in the District's Five Year Work Program, the applicant
may:
Construct a 5 -foot concrete sidewalk on Linder Road abutting the site. The sidewalk
should be located a minimum of 41 -feet from the centerline of Linder Road.
OR
Provide the District with a public right's -of way road trust deposit in the amount of.
,$3,650.00 for the construction of 182.5 -linear feet of concrete sidewalk.
3. Driveways —'Intersecting Linder Road
District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of
35 to align or offset a minimum of 150 -feet from any existing or proposed driveway.
District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles
to a maximum width of 36 -feet. Most commercial driveways will be constructed as curb -Gut type', ,
facilities if located on local streets. Curb return type driveways with 15 -foot radii will be required for
driveways accessing collector and arterial roadways.
Graveled driveways abutting g public streets create maintenance problems due to gravel being tracked
onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to
pave the driveway its full width and at least 30 -feet into the site 'beyond the edge of pavement of the
roadway and install pavement tapers with 15 -foot radii abutting the existing roadway edge.
The applicant is proposing to construct a 25 -foot wide driveway that intersects Linder Road
approximately 7 -feet north of the south property line. District policy requires driveways on
Linder Road to align or offset any existing driveway or street a minimum of 150 -feet. This
driveway does not meet District policy and should not be approved with this application:
Staff is aware that the applicant will not be able to meet District standards in regard to
driveway offsets no matter where the driveway is located but does believe that the driveway
should be located in the safest location possible. To promote safety and looking at the future
of Linder Road staff recommends that the applicant construct a 25 -foot wide curb return type
driveway that intersects Linder Road approximately 37 -feet north of the south property line to
directly align with the driveway that is located.on the east side of Linder Road (300 Linder
Road).
Staff is recommending that the applicant align the newly constructed driveway with the
driveway of an existing single-family residential dwelling due to the fact that staff anticipates
that this residence will redevelop and will likely have some type of commercial use (office,
commercial, industrial). When this residence redevelops, it is anticipated that the existing
structure will remain on the site. In order to provide a safe access to the residence and this
parcel, staff is recommending that the two driveways align with one another. Due to the fact
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that the Ance is an existing structure that has an existing garage that is likely to remain,
staff has recommended that this site construct a driveway in alignment with the existing'
driveway that is located on the east side of Linder Road (300 Linder Road). l ,
4. Other Acce§s
Linder Road is classified as a minor arterial. Other than the access that has specifically been
approved with this application, direct lot access to Linder Road is prohibited. A note stating this
access restriction will be required on the final plat.
C. Site Specific Conditions of Approval
1'. Construct a 5 -foot concrete sidewalk on Linder Road abutting the site. The sidewalk should be
located a minimum of 41 -feet from the centerline of Linder Road.
OR
Provide the District with a public right's -of way road trust deposit in the amount of $3,650.00 for the
construction of 182.5 -linear feet of 5 -foot ,concrete sidewalk.
2. Construct a 25 -foot wide driveway that intersects Linder Road approximately, 37 -feet north of the
south property line to directly align with the driveway that is located on the east side of Linder Road
(300 Linder Road). Pave the driveway its full width and at least 30 -feet into the site beyond the edge
of pavement of Linder Road and install pavement tapers with r 15 -foot radii abutting the existing
roadway edge.
3. Other than the -access that has specifically been.approved with this application, direct lot access to'
Linddr Road is prohibited. A note stating this access restriction will be required on the final plat.
4. Comply with all Standard Conditions of Approval.
D. Standard Conditions of Approval',
1. Any existing irrigation facilities shall be relocated outside of the right-of-way..
2. All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
5. All design 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 herein. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable requirements
of the Ada County Highway District prior to District approval for occupancy.
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8. Payment of applicable road impact fees are required prior to building construction in accordance with
Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
9., It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The ,
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant, The applicant
shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking
ground within ACHD' right-of-way. 'The applicant shall contact ACHD Traffic Operations 387-6190 in
the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they'
re in writing and
signed by'the applicant or the applicant's authorized representative and an authorized representative
of the Ada County Highway District. The,burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
11. ` Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other
regulatory and legal restrictions in force at the time the applicant or its successors in interest advises
the Highway District of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
E. Conclusions of Law
1. The proposed -site plan is approved, if all of the Site Specific and Standard Conditions of Approval are
satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular transportation system within the vicinity impacted, by the
proposed development.
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Attachments
1. Vicinity Map
2. Site Plan
3. Reconsideration Guidelines
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Request for Reconsideration of Commission Action ,
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1; Request for Reconsideration of Commission Action: A Commissioner,, a member of ACHD staff F
or any other person objecting to any final action taken by the Commission may request
reconsideration of that action, provided the request is not for a reconsideration of ars action previously
requested to be reconsidered, an action whose provisions have been partly and materially carried
out, oran"action that has created a'contractual relationship with third parties.
a. Only a Commission member who voted with the prevailing side can move -for reconsideration,
but the motion may be seconded by any Commissioner. and is voted on by all Commissioners
present.
If a motion to reconsider is made and seconded it is subject to a motion to postpone to a
certain time.
b. The request must be in writing and delivered to the Secretary of the Highway District no later
than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following
the meeting at which the action to be reconsidered was taken. Upon receipt of the request,.
the Secretary shall cause the same to be placed on the agenda ,for that next scheduled
regular Commission meeting.
c. The request for reconsideration must be supported by written documentation setting forth new
facts and . information not presented at the earlier meeting, or a changed situation that has
developed since the taking of the earlier vote, or information establishing an error .of fact or. 3
law in the earlier action. The request may also be supported by oral testimony at the meeting.
d. If a motion to reconsider passes, the effect is the -original matter is in the exact position it
occupied the moment before it was voted on originally. It will normally -be returned to ACHD
staff for further review. The Commission may set the date of the meeting at which the matter
is to be returned. The Commission shall only take action on the original matter at a meeting
where the agenda notice so provides,
e. At the meeting where the. original matter is again on the agenda for Commission action,
interested persons and ACHD staff may present such written and oral testimony as the
President of the Commission determines to be appropriate, and the Commission may take
any action the majority of the Commission deems advisable.
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f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover
administrative costs, as established by the Commission.
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Development Process Checklist
®Submit a development application to a City or to the County
®The City or the County will transmit the development application to ACHD
®The ACHD Planning Review Division will receive the development application to review
®The Planning Review Division will do one of the following:
❑Send a "No Review" letter to the applicant stating that there are no site specific
requirements at this time.
®Send a "Comply With" letter to the applicant stating that if the development is within a
platted subdivision or part of a previous development application and that the site specific requirements from the
previous development also apply to,this development application.
❑Write a Staff Level report analyzing the impacts of the development on the
transportation system and evaluating the proposal for its conformance to District .Policy.
[]Write a Commission Level report analyzing the impacts of the development on the
transportation system and evaluating the proposal for its conformance to District Policy. i
[]The Planning Review Division will hold a Technical Review meeting for all Staff and Commission
Level 4ports.
®For ALL development applications, including those receiving a "No Review" or "Comply With"
letter:
• The applicant should submit two (2) sets of engineered plans directly to ACHD for review by the Development Review
Division for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD, then
architectural plans may be submitted for purposes of impact fee calculation.)
• The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-way, including, I
but not limited to, driveway approaches, street improvements and utility cuts.
[]Pay Impact Fees prior to issuance of building 'pemvt. Impact fees cannot be paid prior to pian review approval.
DID YOUREMEMBER:
Construction (Zone)
❑ Driveway or Property Approach(s)
• Submit a "Driveway Approach Request" form to Ada County Highway District (ACHD) Construction (for approval by `
Development Services & Traffic Services). There is a one week turnaround for this approval.
❑ Working in the ACRD Right -of -Way -
• Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application" to
ACHD Construction — Permits along with:
a) Traffic Control Plan
b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you are
placing >600 sf of concrete or asphalt. s
Construction. (Subdivisions)
❑ Sediment & Erosion Submittal
• At least one week prior to setting up a Pre -Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan
Designer, must be turned into ACHD Construction — Subdivision to be reviewed and,approved by the ACHD Drainage Division.
❑ Idaho Power Company
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• Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre -Con being scheduled.
❑ Final Approval from Development Services
• ACHD Construction — Subdivision must have received approval from Development Services prior to scheduling a Pre -Con'
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QUAN.
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DESCRIPTION AMOUNT
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PAYMENT DOES NOT INDICATE ACCEPTANCE OF APP (CATION
TAX
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TOTAL
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