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Salamita Church Parking Addition CZC 05-149e r ~' ~' CITY OF ~~~'~*~~e -- - ~ It innHo CERTIFICATE OF ZONING COMPLIANCE* Date: October 31.2005 Project Name/Number: Salamita Church Parking Addition- CZC-05-149 Owner: Sulamita.Inc. Site Address: 1021 N. 8~' Street Proposed Use: New Parking Lot Zoning: L-O Comments:. Conditions of Approval: Project is subject to all current City of Meridian ordinances. The issuance ofthis permit does not release the applicant from any previous requirements of the other permits issued for this site. Landscaping: The Landscape Plan prepared by Arrow Rock Architects on October 18, 2005, Sheet S 1.0, is approved (stamped "Approved" on October 31; 2005 by the Meridian Planning Department) with the following change (see redline change on plan): 1) UDC 11-3B-9.C. l.b requires landscape buffers to create a barrier with trees touching at full maturity. Add at least three (3) trees to the western landscape buffer that is adjacent to the residential uses to the west (so a barrier is created). Other than the above-mentioned change, the approved landscape plan is not to be altered without prior written approval, of the Planning Department. No field changes to landscape plan permitted; prior written approval of all material changes is required. Site Plan: The Site Plan labeled C 1.1, prepared by Thompson Engineers, Inc. on October 6, 2005, is approved (stamped "Approved" on October 31, 2005 by the Meridian Planning Department) with the following changes (see redline;changes on plan): ' 1) UDC 11-3C-1 requires 90 degree parking stalls to be 19-feet long. Sign the eight (8) parking stalls in the middle of the parking lot that are only 17-feet long for "compact" use. ..._._ 2) If the ezisting sidewalk does not provide a vertical barrier, install wheel stops in the parking stalls along the north side of the parking lot (so cars do not hang-over more than 2-feet or park in the ~-,~-= -, ~- . sidewalk). The approved site plan is not to be altered without prior written approval of the Planning Department. Irri ag tion An underground, pressurized irrigation system must be installed to all landscape areas per the - appzaved specifications Laird in accordance with UDC 11-3A-15. . _. :Curbing:' Per UDC 11:-3B-SI, 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 art to allow for storm water runoff. Protection of Existing Trees: Any existing trees on site must be protected or mitigated for in accordance with the Tree Preservation section of the City's Landscape Ordinance. Any severely damaged tree must be replaced in compliance with UDC 11-3B-10-C.5. P_arlau~: The proposed parking azeas shall be paved and striped in accordance with UDC 11-3B. Project engineer/architect shall certify that the number and size ofhandicap-accessible spaces conforms to the Americans with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance per ADA and signed "Van Accessible". Sidewalks: All sidewalks shall be constructed in accordance with 11-3A-17. Sidewalks shall be constructed prior to occupancy. Dramaee: Storm water drainage swales shall not have a slope steeper than 3:1, shall be fully vegetated, and shall be designed in compliance with UDC 11-3B-11 and UDC 11-3A-18. Fencing: Any required or proposed fencing shall be installed with current fencing standards as defined in UDC 11-3A-7 Li tin :Lighting shall not cause glare or impact the traveling public or neighboring development and comply with lighting standards as defined in UDC 11-3A-11 Si a e: No signs aze approved with this CZC. All business signs will require a sepazate sign permit in compliance with UDC 11-3D. Trash Enclosure: Any dumpster(s) must be screened in accordance with UDC-11-3A-12. Trash enclosures must be built in the location and to the size approved by SSC. Handicap-Accessibility: The structure, site improvements and parking must be in compliance with all federal handicap-accessibility requirements. ACHD Acre tU ante: All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACRD requirements, a new site plan shall be submitted to the City of Meridian Planning and Zoning 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: Except for the changes mentioned above, the approved Site Plan, Landscape Plan stamped "Approved" on October 31, 2005, and are not to be altered without prior written approval of the Planning Department. No significant field changes to the site or landscape plans aze permitted; prior written approval of all changes is required. 'g Hood Associate 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. ..-~i ' ~• 4"• 2. ..I... ~ ~ ~ ~~ __- CHD ~iorwrwv'~'uol~o ~.~iN+:co December 5, 2005 l 3 John S. Frariden, President Sherry R. Huber, ist~Vice President David Bivens, 2nd;Vice President Carol A. McKee,~Commissioner Rebecca W. Arnold,~Commissioner To: Viktor Poluakov 17420 Copper Spur Nampa, ID 8368___ 7,~, ._--~ ~. Owner: Sulamita Church to Meridian, ID 83642 Representative: Ben Hill Arrow Rock Architects 600 N. Latah Boise, ID 83706 Subject: MCZC-05-0149 Parking Addition 1021 N. 8'h Street On December 5, 2005 the Ada County Highway District acted on your application for the above referenced project. The attached report lists site-specific requirements, conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact me at 208-387-6178. . Sincerely, (~ Car '. C~2, Christy Richardson Planning Review Supervisor Right-of-way & Development Services, Planning Division CC: Project file, Construction Services, Utilities, Meridian Ada [_'oi~nty Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us L . - ~~ Ada.... Count Hi hway District Y g x Riuht-of-Wav & Development -_ II / Planning Review Division A, , . ~ , This application. does not require Commission action and is approved at the staff level as of December 5, 2005. Tech Review for this item was held with the applicant on December 2, 2005. Please refer to Attachment for appeal'guidelines. Staff contact: Christy Richardson; 387-6178, cichardson@achd:ada.id.u's ~, ~.1 :~~ File Numbers}: MCZC-05-0149 ;'^ ~,µ k .~ 1~a ~ r'' y~ya Site address: ~- 91024 N? 8'" Street t_ :~ 4~ #~s : ~.~x~~m`s~ ~~; , -~~, ~, ~a~t ~ E~`_ ~` ~^~ 6 ~,k ., # ~~~ ,. I Owner: Suiamita Church A 1021 N. 8t" Street ~~ `~ rc Meridian, ID 83642 . ~ ~ a Applicant: Viktor Poluakov ~ 17420 Copper Spur Nampa, ID 83687 ff Representative: Ben Hill 1 Arrow Rock Architects ~ ) 600 N. Latah ; ~ ~ ~' Boise, ID 83706 ;~k' ' ~~~ ~; t Application Information The Ada County Highway District (ACRD) staff has received the above referenced application requesting certificate of zoning compliance for a parking lot. The 1.52-acre site Is located on the west side of 8`" Street approximately 254-feet north of Pine Avenue. Lead Agency: Acreage: ` Existing ZOning:° Vicinity Map City of Meridian 1.52-acres L-O~(Limited Office) MRZO?r002 1021 Wes16tl~ 3trso1 ~, ~` ~ S ~ 1.~ ~ ~. ~w.~ ~~ ~ ~~ ~... ~.pasKnr V ~KAnK,.,.y, S Y:R.Y-tiWTl Y£4 ~. _ ~tt ~ :~ .. .. ~ i ~ t •t~ ... ~. ~ v T .: ",.~y.untiwaw f ~.. ' ~ ~ ~ , uWO.,,,~.e a.T .. ~:~~ i ?" ,w. 300 rt~ Fact X ~ `.d' v r S . ~_ 1 1 1 i i f 9 i I l } 1 a4: a '~ ~I ,~. ~.~ ~~ i ~ i ' I 2 • A. Findings of Fact 1. Trip Generation: A parking lot expansion does not generate any new daily vehicle trips, but it does allow for the existing use (church) to provide for more services. 2. Impact Fees: The impact fee rate from the fee tables for this use is based on the impact fee ordinance in effect at this time. The impact fee rate will be determined when the development application is submitted to the District. Impact fees are generally not assessed on parking lots. 3. Traffic Impact Study: A traffic impact study was not required with this application. C: 4. Site information: There is an existing church and two parking lots on a portion of the site; the remainder of the site is undeveloped. 5. Description of Adjacent Surrounding Area: a. North: Gregory and Welker Subdivisions (Single-Family Residential) b. South: Tremont Place Subdivision (Single-Family"Residential) c. East: Applegate Subdivision (Single-Family Residential) d. -West: Canna Lily Estates Subdivision (Single-Family Residential) 6. Impacted Roadway Stn Street: Frontage: Functional Street Classification: Traffic Count: Level of Service: Speed limit: Nearest intersection: Impacted Roadway Pine Avenue: Frontage: Functional Street Classification: Traffic Count: Level of Service: Speed limit: Nearest intersection: 152-feet Collector South of Cherry Lane was 3,765 on 5-25-05 Better than "C" 30-mph Pine Avenue, stop sign controlled on Stn Street None Collector West of Meridian Road was 7,580 on 12-14-04 «B„ 35-mph. 8'n Street, stop sign controlled 7. Existing Right-of-Way Stn Street has existing 65-feet of right-of-way (abutting the site is 25-feet from centerline). 8. Site History On July 23, 2002, ACRD provided comments to the City of Meridian for the rezone application (MRZ- 02-002) fos: this site. The purpose of that application was to rezone the parcel from R-4 to L-O. Since 2 t that time, ACHD policy related to collector roadways has changed, and some of the prior comments are no longer applicable. B. Findings for Consideration 1. Right-of-Way and Improvements Policy District policy requires 70-feet of right-of-way on collector roadways (Figure 72-F1 B). This right-of- way width allows for the construction of a 3-lane roadway with curb, gutter, 5-foot wide detached sidewalks and bike lanes. Policy also requires that collector roadways be constructed as one half of a 46-foot street section, with curb, gutter and sidewalk. B a ~' , k Staff Recommendation Due to the existing rolled curb and gutter abutting the developed portion of the site, staff is recommending a modification of policy related to right-of-way dedication and improvements. The applicant should be required to extend curb, gutter and 5-foot wide concrete sidewalk abutting this portion of the site to match improvements to the north (except for the sidewalk width). This roadway is not likely to require widening in the future. Vertical curb is required on collector roads, but there is' not vertical curb on this segment of 8`h Street. 3. Driveway Offsets Policy District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of 30 to align or offset a minimum of 125-feet from any existing or proposed driveway. Applicant Proposal The applicant is proposing to utilize an existing driveway 210-feet south of the north property line, and.., is proposing to construct a second driveway located approximately 100-feet south of the northerly driveway. Staff Recommendation The proposed driveway locations due not meet the minimum separation of 125-feet as required by policy. Due to the lack of frontage, staff rec©mmends a modification of policy to allow the driveways as proposed. This site will generate non-peak hour trips due to its use as a small church.' Driveways on collectors are normally required to be constructed as curb returns; however, because this site is extending rolled curb and gutter, curb returns are not practical. The driveways may be constructed as curb cuts (as existing and proposed). C. Site Specific Conditions of Approval 1. Extend rolled curb, gutter and 5-foot wide concrete sidewalk abutting the site to match improvements to the north. 2. The existing driveway on 8"' Street is approved as proposed. 3. Construct a 24-foot wide driveway on 8"' Street located as proposed, approximately 100-feet south of the northerly driveway. 3 ~ ~__. i _ 4. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval i `~ 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. ' A, .~ ~ - ~ 2. All `utility relocation. costs associated with improving street frontages. abutting .the"site:shalltte borne by the~developer 4 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 Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy 1 Manual, ISPWC Standards and approved supplements, Construction Services procedures and. all applicable ACRD Ordinances unless specilacally waived herein. An engineer registered inithe 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 pe~mit (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. ~ 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, 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. F 10. No change in the terms and conditions of this approval shall be valid unless they are 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 4 t • J f 1. The proposed site plan is approved, if ail of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACRD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map } 2. Appeal Guidelines .. 5 w ., ., s 3 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 ACRD ®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"t+ ;a 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. ®The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports. k ®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 RevieN Division for plan'revie:w and assessment of impact fees. (Note: if there are no site improvements required by ACRD, 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, includinc but not limited to, driveway approaches, street improvements and utility cuts. ^Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval. s DID YOU REMEMBER: 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. , _~. ,~ _. a ^ Working in the ACHD Right-of-Way • Four business days prior to starting work have a bonded contractor submit a °Temporary Highway Use Permit Application" to ACRD 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. 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 a • 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 aPre-Con. 6 ~. Request for Appeal of Staff Decision 1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error ' of factor law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACRD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to,be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a'written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is t_he subject of the appeal. The .notice of appeal shall refer to the decision ~. being appealed, identify the appellant by name, address"and telephone number and state' the grounds for the appeal. The grounds shall include a written summary of the provisions of'the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the. filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply, and any modifications to the decision. being appealed will be provided to the appellant prior to the Commissionhearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held = within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. { e: Action by Commission: ,Following=-the hearing;-.the Commission shall either affirm+or ~i reverse, in whole or-part, or otherwise modify, amend or supplement the decision being n~;; appealed, as such action is adequately supported by the law and evidence presented at the hearing. 7 \~ `~..% f 1~,..Ia~i -...,~'~,,,,~' ~ t~ , - ~a~ ~, s . r.~~i~ - -~.~~,,~Q,,~~''~~rY~~: ~.,~~,. ~¢ t ~ ~~ ~~,,,~~~ ~~~~ -' r'nirnamk~.~.w~~ .. . ~`+~ - ~~/ r- .~.~~ y Planning Departments?~ ADMINISTRATIVE REVIEW AP~LI t~'T~I(~j, p'~v 1~,~~~05 ~~2 ~~N G Type of Review Requested (check all that apply) , ^ Accessory •Use ^ Administrative Design Review ^ Alternative Compliance ® Certificate of Zoning Compliance ^ Conditional Use Permit Minor Modification ^ Property Boundary Adjustment ^ Short Plat ^ Temporary Use Certificate of Zoning Compliance ^ Time Extension (Director) ^ Vacation ^ Other -~ 4 STAFF USE ONLY: File Number(s): /~ ~! C -- OS~/ ~~ Project name: C ~V It ~ `~ ' Date filed: l0-Zt~~dS Date co`mp~lete: (0- Assigned Planner: r ~L~~ Cff~~_ Concurrent files: '-- Previous files:: ApplicantrInformation r Applicant name: ~j kit' ~o t.~t ~. I~~( Applicant address: ~~_~ ~? (~ ~ ~'~~' ~~ ~%~i~j ~J~"ttnv~i7 Zip: 8~~ E Contact name: ~1 k-tyla, ~~-~i p•I~C,d~! Phone: ~•1 W^??~ ~r Applicant's interest in property: ^ Own ^ Rent ^ Optioned ®` Other C ftutRU,> '~~ L~f,CdC'12 ~ Owner name: ~U(~/~ tAw, y TA. C frFV ~~ Owner address: I day ~ ~j7"It 51'iZ.,h~l"~ T6l ~'tl4~ Vkc.~, ~'L'I~\ Zip: ~ C~4' Z Agent name (e.g., architec ~(~engine~e~r, dJe(veloper, representative): ~ ~. ° ~T 1 ~= r Firm name: ~V' V'lX ~.1 ~-aC~l~- f"'~~C.l~' l ~:Z~~ 1 ~~-~- ~- Address: ~~ • ,Zip: ~]Q'~ Contact name:.. Lll_ Phone: ~ ~~l' 3 ~Z2_ , Pimary contact is: ®Applicant ^ Owner ^ Agerit ^-Other + E-mail: Fax: l~o ".Z~~ ~ ' Subject Property Information ~, Location street address: ! O~ I N • $tfl ~T~2.~?~ Assessor's parcel number(s): 5 l~ l a.14 4 6c~o ;~ Township, range, section: 3 1~1 ~ ~ l2 - Total acreage: ~~ ,7 x Cun-ent land use: C f-~c~f2~G ~ Current zoning district: L~~ ~, .., t 660 E. Watertower Lane, Suite 202 Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6678 Website: www.meridiancity.org 1 '~'~` • 9 Project Description Projectlsubdivision name: `_"~ c~c-~.tM~ t t7~. ~i,+VLI~ 1EY,~ Hqp t-(-LctJ General description of proposed profecdreque§t: ~~.dZ.4CX ~ C~~ /~VLtn C ('Sf1f-4f; 1~c12.1C 1 E4.C ~ k_f.~ Proposed zoning district(s): ~.- 0 Acres of each zone proposed: ~, Jt" Type of use proposed (check all that apply): ^: Residential ^ Commercial ^ Office ^ Industrial ~ Other Cf t(> YL G H Amenities provided with this development (if applicable): 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: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): Percentage of open space provided: 2 or more Bedrooms: Proposed building height: _ Average property size (s.f.): Net density (DUlacre-excluding roads & alleys): Acreage of open space: Percentage of useable open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ^Singie-family ^ Townhomes ^ Duplexes ^Muiti-family Non-residential Project Summary (if applicable) Number of building lots: w7 ~ l io,'7 `~'` Other lots: Gross floor area proposed: Existing (if applicable): 6~8 ~ ~ Tu,~.JEn ~tN Hours of operation (days and hours):5~.k /v -Z, 4 6 - 8 -~ - q ,~ ~,,.. Building height: ~ y Percentage of site/project devoted to the following: Landscaping: 4~~ Building: lOeb Paving: ~~~ Total ntatnber of employees: Maximum number of employees at any one time: Number and.ages of students/children (if applicable): Seating capacity: ,2 ~O Total number of parking spaces provided: 88 Number of compact spaces provided: ~ Authorization Print applicant Date: l ~ .__,_~-S 660 E. Watertowei Lane, Suite 202 Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: www.meridiancity.org 2 v 02 05 10:28a Arrow Ro~AX November 1,2005 Mr. Craig Hood City of Meridian Planning 8~ Zoning Department FAX: 888-6854 Re: Parking Lot for Sulimita Church 102 N. 8th 208-344-7929 p.1 :lrrowRock~.cchitectsPLLC f"~~~~''~ -~ 600 Notch Latch Street { '' i _ ~ Boise, Idaho 83706 - _= r ` 208-3443727. ~~-~,_~-' This application is to e~epand the existing parking lot located on the south side of the Church to accommodate the new congregation. The planned tot will have on site water retention along the west side, new lawn, trees, and lighting in compliance with City of Meridian standards. In addition some work is being done to improve the street drainage, curb and slope in accordance with ACH©_ It is anticipated that ACHD will share in some of the cost associated with that improvement. As Part of the project it is proposed that a trash enclosure be odded just north of the Church in a more assessable location. The current dumpster is unscreened. .~ - ~ `~,, ,`~ ) *. } e o s ~ ~' ~ t m m ~ ~ ~ ~' 0 I e a ~.~! .. ~ ~ I a ~ Symtaoi. Qt~~ E}um~ _ _d . C,sn~-P'~, Lumens Lt.f Watts ` 2 ~ .. _ r~ ~ a#E ~FST 8474 ~~ 4 3Zib~~4T7 CLEAR ; E~2~. M~'P~tC. h~tUDE, 2S70Q ~ 0.72 ~6$ ~ ~ ~ ,, , ~_ s ` ° HC3Rt~DNTAL:FO~(T10N. ~ w ~ , ! 9 ~~ 1~13EFrL~TSiF#-E ~ - ~#-E QPdE.32k~{NATi GEAR Eft-281TAL hi~sUt7E, , ~ 297(1D ~ 0.72 36$ ~ ~ ~ I I ~ s ~; . ~€.,# -, ~' #fiC?Ri~3Pl"FAL Pf3Sfl'i0[U. 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O.o 0.0 0.1 O.f 3 ~.~• ~~ FEE ~Q ~~, S 0.t 0.2 0.2 02 D.2 0.1 0.1 0.1 0. 0.0 r: 0.0 0.0, 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 D.1 0.0 0.0 0.0 0.0 0.0 NEIGHBORS . ~ * ~.~ I 'd 9fsL8-b8B BOZ ~ie~tod 4ea~ ~ ~ IRRIGATION PERFORMANCE SPECIFICATIONS UDC 11-3B-b Project Name: ~ y t../h 1M- L 17-~ ~~~I~--l ~~ t-'~ K~ b 1-[-l,~ Specifications: Available Gallons per Minute: Available Water Pressure: ~o O ^ ~c 5' PS Point of Connection (describe and/or submit a site plan): GX I5'tl N 6 ~~C.I,c ~w T (QL~L7Z~ Primary Connection: Secondary Connection: Landscape Area: If the irrigation system. is hooked to City water as a primary or secondary water source, submit the square footage of landscaped areas to be irrigated: ~3 X2'7 S' S t= square feet Backflow Prevention _A backflow prevention device must be installed as required by City Ordinance 9-3. Coverage: The irrigation system must be designed to provide 100°lo coverage with head to head spacing or triangulaz spacing as appropriate. Matched Precipitation Rates: Sprinkler heads must have matched precipitation rates within each control valve circuit. Irrigation Zones: Sprinkler heads irrigating lawn or other high-water-demand areas must be circuited so that they are an a separate zone or zones from those imgating 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. Notes: Irrigation Required: Ail landscape areas shall be served with an automatic underground irrigation system. Additional regnirernents affecting pressurized irrigation systems can be found in City Ordinance 9-1-28. Irrigation Water Source: Use ofnon-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 sa the owner can avoid paying sewer fees for irrigation water. Potable water shall not be used as a primary irrigation water source on non-residential. lots with. more than %2 acre of landscaping. YeaF round water availability is also required by connecting to city potable water or an on-site well as a secondary source. Certification: I have read and understand the above spec~ations and notes for irrigation systems and hereby a_Q'irm that any irrigation system installed for the project mentioned above will comply with these speciftcations erred motes. Applicant' ~_ Date: 1 ~ ~~'_ ~ ~ Nov 04 05 11:30a Arrow Rock FAX `- `~ 11-03-' b5 11: 95 ~l)CI-55L November 1, 2D05 Mr. Craig Woad Ciify of Meridian Planning $ Zo-dmg Department FAX: t3B8.6$.54 208-344-7929 p.4 ~b~~~~5~ r-ysc t'b01lbb9 Y-y32S Arrow I~ck AreI1+Rs1o P1,LC sao Nora. [msn strew '-, Boise, LdaDa 63706 - r R®: Partdrlg Lct for Sutimita Church 102 ~ 8th ~_ ~' • :~ (~ This appGcatiort is b expand the e~dsiin® porking lot located on the south side of the Church fo accommodote the new con®regation. The plonned lot wiD have on ate water ~Fention along the west Side, new Ivwn, trees, and lighting in compliance with Gty of Mardian standa-ds. In adddion some work is being done to improve the street drainage, curb and slope in accordance with ACRD. It is anticipated that ACHp will sh_ vre in some of the cosF Associated with That irnproverr-ent. As Part of the project it is proposed thvt a trash endasure be added just north of the Church Ina more assessable ioootion. The current dumpdter is anscreened_ ~~ _ ~ ~ ~J ., ~pl~l-L ~-' j f ./ 1 rL~~ ~t-1Txc t ~L ~1/r~ ~~ ~ ~' SANITARY SERVICE COMPANY C4MME~1T5: ~M~~ 0~ /O ~ /,uS/oE Ol ?+KE ~GG.OSv2~ G ~s~ -po~crs ~J ~+ w~ ~,v ~1 ~ e PEA iP/l/+ryct1 ~,ve Cc.~~sINGS~ ~lt~st ~v~ ti•Q szsc-vtit`eoz xv~ Boa ~,~d e~z.o~ so zfl ~ot~ Nov 04 05 11:29a Arrow Rock FAX • 208-344-7929 p.3 Q o ~v ~ ~ ~ ~ o z ~ O z~ U ~3 cZc,,~~ Q ~i = p m < O _ ~ N ~ V ~ O O W O `~ ~ ~ ~ ~ yV~ Z Z ~ ~ V f ~~ ~ li tV \ /// p T m u~ ~ ~ a cc c 11 1 I ' I .0-,O l ~ ~21nso~~N3 HS'd ~Il ._ ,~ ~ (~ ~ o ~~ ~ ~ ~ ;; o N _ " ~ ` ('+ ~ +' \ aao'Olt/-LSD-61-60\dV~\ol~woic-S OLOSO\an~}ay\s}oafo~d\:a p.2 Nov 04 05 11;29a Arrow Rock FAX : 208-344-7929 Ipv 04 Q5 11:28a Arrow Rock FAX ~ 208-344-7929 p.1 ARCHITECTURE HISTORIC PRESERVATION INTERIOR DESIGN TO: SEE BELOW PROJECT: SULAMlTA CHURCH PARKING LOT ATTN: SEE BELOW FAX: SEE BELOW FROM: BEN HILL PROJECT NO.: 05010 DATE: 1 1 /4/05 PLEASE FIND: THE FOLLOWING: FOR YOUR: VIA: ® ATTACHED ~. DRAWINGS ® APPROVAL ®FAX: SHTS. (INCL COVER) ^ UNDER SEPARATE COVER ^ SPECIFICATIONS ® REVIEW ~ COMMENT ^ E-MAIL OR MODEM ^ ^ CORRESPONDENCE ^ INFORMATION/USE ^ NEXT DAY ^ DISKS ^ AS REQUESTED ^ HAND DELIVERY ^ SAMPLES ^ ACTION BY: ^ PICK-UP COPIES DATED DESCRfPTION l revised trash enclosure REMARKS: The enclosure size has been revised to show minimum of t0 feet between gate jambs and the location has been moved further frornthe building. cc: ~ BILL GREGORY, SANITARY SERVICE: 88&5052 ~ CRAIG HOOD, MERIDIAN CITY: 888-6854 ~ VIKTOR POLYAKOV: 466-2937 600 NORTH LATAH BOISE ,IDAHO 83706 TEL: 208-344-3722 FAX 208-3=1.4-7929 t \~ ~~ w 7.i~ i ti ,:~~,.u~..~~° ~~,e~~~ ,ass,°~ 4 N ~~P ~~~ .O i ~~ ~ I.. ... ... .... .... . -~ ~-~ ~ ~ ~ D ~ ENCLOSURE I ~ •, ; ;• •, TRA54 m Q , ,.....~ I y I .. ':. - I ~ I ~ ~~ ~ n m m TJ `^ ~ :•:~ W v~ ~p m m ~ 'o ~~ ~ m .. •:~ a o ~ ~ r y N O ~ A .,.• a ~ ,'.'I ~ m j , p '.' 2 t i © ~ °© ~ D Z a m ft n '•'•I o I ~•-•~ ,'. .2 . A V ~ '.'.I 2 A O ~ ~ 1 .'.I ~ ___ _______ _ _______ I.. .~ 0 - r-a aw. ,°°°w ~i a.. v ` i I ~I :. -T I i ~Tp ! { ~ .a I ~o ~ ~ .~ 1 ~ ~ -tt A~ ® j ~~ ~~f~ ~~ I ~~ ~ ~ 1 ~ ~a AZ I _ - -- -----~ ~i { I v ~ , ~ - - ~ I ~ ~ ' ~ 1. r" ~ ') I, ~ ~ ~ ~ ' ~ ~ ~ ' --~ i rn i , ; ~ __.________~~ ~ e ~~~~ ~~ - - ~ ~~ ~" ~=na~. @.,. ~ z i ~ ~ ~~ ~9~~Y~ 0 ! m ~~~ Q >ag ~ ~~~ ~a e ~ ~ ~~~ . ~ ~~ ~~~ ia~4 ~ ~~ "~ °g~ e ~ ~[F! r r-~ a9 ~s~t`~ . . hi zm ~` - ogo a - ~ • a° m ~ ~ ~~ ~$iH ~~eg ~ o >~8 ~ ~~~~ ~g~~ O ~ 1 ~~ ~£~ a R~ ~ R~ g FLLLUN ~~ r ~.. F T ° tit {" n~ _ F .~ mow, ~ 1 ~' °n ~ ~sss w. rswers;a Daive SULAMITACFiURCH -~l-- ~T~l Bolse, ID BJII! '^~'~ ~I I I ') rmaia+asato f. ME'RID/AN, 7DAH0 - .. ~ $ o ~ $~ o ~ ~ o ~ g m~ ~ (1 _ ~ - m 5 p ~ ° ~ m ~ ~ m o _ _ a ~ ~ T N ~ Z - N A f ~ A mFo a~o 1 n 3 0 ~ r~ ~ D ~ ~ Z g O ~ ~ z w $ O~ =m Z ~ ~ ~ 9 ~ 1 m ~3~ ._ Ra , ~ -. _y - 4 ,, , F ~ y1'' ;.. ~. ~ .y--.. c r arohn.ap.uw+[~a im Nn ~ ~ - y 0.~ .. _o Q ~ .. mm.q P~ m ~ a r - ~ ~-_ 8 0 9 % V ~ ~ m rn m+ m m o~$ ~ w a ~ s" 3 0 ~ ~~ ~ P ~~ ~ ~o ~ .. ~ o ~ ~ _~ a e m_D ~ N a a u 2 "1 Z - - .O @~~ _. ~ ~' u D' om oa .. .~ ~. `. ~ 3 0 G1 _a ~g : :L _ ~~ ~-~~r a$s +'~ I n''C k i ~ ~ ~ ~ y m • / '. ~ ~ ~ - - -eavrle zz --~ ~ ~ " ~ r-----_ ~-~ 2 I * ; ~ •r v _ ~anttlw ~ -~~ -~ ~ o ~i - 7 ~ I ~. I ~y ;a -- - m ~-, ~ f 3 g ~ ~ 13 s. ~~-~ ~ ._ 0 ~~~~ io~4 ao~ ~~a 'D v~ dam ~o~~ =Q Dd~ ~ age µa~=g ~ .. ~;~~ o~ r vg n eo °p ''~g ,p n sw goN 0 r n A~ o Vi 5,f 6 4.,.._ - -- n~ op .. j a. # a _ { Y ~ (r rig 3 r { R. - ~ ~ 1 ~ ~ L " } i{ G , 'i ~ E ~ ~ i e :.. . .. ~ , b ~ ~. v s% W Q ~ 9 ' ` a 'E ~ .. ~ .F ~! v * ' $ p t rA~'~ ~. e. ~ y 3 ~ . , r i ~ t C I ~ ~ i - ,i ~ F i ~ i 3 ~ %i~ ~ ~ }~ ~o p n ~ ~ 3 a 2`3z ~ n° 3~ 3A. o~ 3p ~~ nz ~a .. .. ' ~ 0 f s .. 3 ~ $ $x z : .-. N s ,,, ~ o z a ° P a "" A 3 ~ 0 3 s ~, ~. o ~ r o o e t; - in ~ m ~ g~8= c~ ax ~o~ a ~. r.' o0 3~ - ^ °O-m m qn po - h + a. $m 3 ~ ' e G~' - ~~ o a - - .. r _ ~ s - .. a ' 0 ~ ~ -~ 3 ' F ~~. ~ r. i, S ~ ~ ~ v 4 ~ ~, ~ ~ ~, ~ '. ~ m ~ ~ ~ s ~ ~+° Thompson~Engineers ~ SITE LAYOUT PLAN : REVISIONS N0' °E`"'°1DN z ~ ~ _ mo. . Eon nvvro~m ~i ~ m-°a tees w. anersme Dn.< $ULAMITA CHURCH - - ` m q 9 s " (zDe~a.+amro s .. y MER/A/AN, IDAHO r :. ~ ` E . ~ .~ ..„r, y -~ fITV ()F .,.~~~1 .. - ~<. el'1G~IGC1? p` Planning Department t . ~nnno \~~ ~ CERTIFICATE OF ZONING COMPLIANCE `"'~~7~~~=`~~~-~'~'=`;,;~ Application Checklist Pro'ect name: t„rk lMi 1 1'/'~ G~ 1L1 C~ ~ File #: C ~' A licant/a ent: l(Z p(.. /~, ~O1! All applications are required to contain one copy of the following unless otherwise noted: Applicant Staff Description Com feted & si ed Administrative Review A lication 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., a licable conditions of a royal or Development A ement) __.- I Recorded watran deed for the sub'ect ro e _, T Affidavit of Legal Interest signed & notarized by the property owner (If owner is a corporation, submit a co of the Articles of Into ration or other evidence to show that the n si in is an authorized ent. '~3 - G-l; ~ Scaled vicini ma showin the location of the sub'ect ro e .,,.,;:. _ ~-.~ Im anon Performance S ecificarions form com feted & si ed b the a licant/a ent Sari Service Com an a royal for trash enclosure & access drive (stamped site plan) /. A photometric test report for any light fixture(s) with a maximum output of 1,8001umens or more see UDC 11-3A-11 Site Plan-~ copies (folded to 8 ''h" x 11" size) The followin items must be shown on the site fan: / • Date, scale, north arrow, and ro~ect name (scale not less than 1"=50') i/ • Names, addresses, and telephone numbers of the developer and the person and/or firm re arin the fan • Parkin stalls and drive aisles ~ • Trash enclosures location ~ • Detail of trash enclosure (must be screened on 3 sides) • Location and specifications for underground irrigation (Pressurized irrigation can only be waived if ou rove no water ri is exist to sub'ect ro • Sidewalks Or athwa s (proposed and existing) l•~R • Location Of ro osed buildin on lot (include dimensions to property lines) / • Fencin (proposed and existin) t~ • Calculations table including the following: Number of parking stalls required & provided (specify handicap & compact stalls) - Building size (sq. ft.) (o t 8 G 5 - Lot size (sq. ft.) (o^(t ($'( - Setbacks gyp' - Zonin district L - O • Reduction of the site fan 8 ''/2" x 11" /~ Landscape plan - 3 copies (folded to 8 '/~" x 11" size) Plan must have a scale no smaller than 1 " = SO' (1 " = 20' is preferred) and be on a standard drawing sheet, not to exceed 36"x 48" (24"x 36° is preferred). A plan which cannot be drawn in its entirety on a single sheet must be drawn with appropriate match lines on two or more sheets. The followin items must be included on the landsca a fan: / • Date, scale, north arrow, and ro'ect name ' • Names, addresses, and telephone numbers of the developer and the person and/or / firm r arin the fan • Existin natural features such as canals, creeks, drains, nds, wetlands, 660 E. Wateitower Lane, Suite 202 Meridian, Idaho 83642 Phone: (208) 8845533 • Facsimile: (208) 8886?8 • Website: www.meridiancity.org 13~ i [' E a i Q~~c~- G r t • Location, size, and species of all existing trees on site with trunks 4 inches or ~ greater in diameter, measured 6 inches above the ground. Indicate whether the tree will be retained or removed. L~ t5 ~f2..t~ r ~..~. 1m6121t • A statement of how existing healthy trees proposed to be retained will be rotected from lama a durin construction Y' • Existing stnzctures, planting areas, light poles, power poles, walls, fences, berms, / parking and loading areas, vehicular drives, trash areas, sidewalks, pathways, ~/ stormwater detention areas, si s, street furniture, and other man-made elements. • Existing and proposed contours for all areas steeper than 20% slope. Berms shall ~+ ~A' be shown with one-foot contours. • Si ht Trion les as defined in 11-3A-5 of this ordinance. • Location and labels for all proposed plants, including trees, shrubs, and / gioundCOVeis (trees must not be planted in City water or sewer easements). Scale shown for lant materials shall reflect a roximate mature size • A plant list that shows the plant symbol, quantity, botanical name, common name, ~ ~ minimum planting size and container, and comments (for spacing, staking, and installation as a ro riate . / • Planting and installation details as necessary to ensure conformance with all ~ Y re uired standards. ~/' • Desi drawin s of all fencin ro osed for screenin oses ~ • Calculations of project components to demonstrate compliance with the requirements of this ordinance, including: - Number of street trees and lineal feet of street frontage - Width of street buffers (exclusive ofright-of--way) / - Width of parking lot perimeter landscape strip V - Buffer width between different land uses (if applicable) - Number of parking stalls and percent of parking area with internal landscaping - Total number of trees and tree species mix - Mitigation for removal of existing trees, including number of caliper inches bein removed Reduction of the landsca e lan 8 'h" x 11" V A Buildin elevations showin construction materials Fee ACHD Acceptance: Applicant shall be responsible for meeting the requirements of ACHD as they pertain to this application. All impact fees, if any, shall be paid prior to the issuance of a building permit. 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 Department for approval prior to the issuance of a building permit. Your building permit will not be issued until ACHD has approved yourplans and all associated fees have beers paid. ~\ THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. ~, _ ~,^ . ^ io ~~~ r m~~ rya ~~`= W g n-G r,~ ~ - ~ ~ ~~z~~ o 3 ~ S.m~C `'~z • ~ ..: ~ a ,.. ~ ~~T Y .~ ti ~, s O ' ~ a ~ ~ ~ ~, .f? ~ , :~. ~.. ~~=~4a ru.l~r 'nv~~ ~ IY .. ~~.~.~i ~, ~ ,~ ~~ ~a. ~ ~_ r ~. ~.H ~ ~ ~~ ~' ` o-, \~ ¢,. ~' -z' ~~ .~: nM ` tt .s~r ~;; 1, a , .~ c ,r~,`tiE 9 n~ e ,t~ Z ~~; y~~r< f ~ N .~ ~ T. ,, , ~~ oz ~~ ~ ~ ~4 ~~ °V ~ ._.- am~~ ~-~tvO Z? ~cc,~~ v~ ~ ~..' x YO ~ ~ ~~S O ~ a~ ~, - ,; ~°~: }'~ ~ , b ;~ '~ 1 :~ , a< . ii 1`~ ?~ ~~4, ~ Y ~ , J ~ i i¢ _ , ~:~ ~ . , I _ u ,~' ~~ `ti~,.,,°. ,~ ; ~~ `~ f 4 " ~, ~ ~ 4.~',t 1 ~h~ 1~ ~'+~` ~^ r ~,tr i , ;, ~' -.. ~-ti ,. 's' ~~ -, `, i arv of e~l~lcn 33 E. Idaho Ave. y Meridian, ID 83642 e ,~ , ~F ~R uKTaF.~~~aFVn~~ 4 t __~:~ 1~ „ E 'A Date ~ d Applicant ~ LAY l ~ ;E i ''~ Address ~ ~ ~` Phone ~ CASH CHECK # NAME ON CHECK IF DIFFERENT THAN APPLICANT . ~ I , ~ _, . t ,, ,~ ' ~ ~ I I ' .~ i ~ I PAYMENT DOES NOT INDICATE ACCEPTANCE APPLICATION yy 67 TAX i i ' Byceived 45 TOTAL ~ i -- i ;, ~ i a ~i~2'~l!/U~ c~~ i 1 ... i Oct 17 05 ~5:50p Arrow R~FAX '208-344-7929 r . p.5 w ~ n 1 ,+ a '. AFFIDAVIT ©F LEGAL INTEREST {.. STATE OF IDAHO ,) ~ ` COUNTY OF ADA) e ~ , S h,~ ~ cue) - ~id~s) ~~~r{.~F~ir~~l/ ` (city) (state) . being first duly sworn upon, oath, depose and say: .:: • 1. That l am the record owner of the property described on the attached, and I grant my .. perrnlSSlOn t0: `n ~ ~~ S u ~~ /-~ ~ r~' ~ ~.,/C ; I f7 2 / W ~ ~t~ . /` ~1 ~,~~G'~'A~r f (name) (address) to submit the accompanying application(s) pertaining to that property. , 2. 1 agree`toindemnify, defend and hold the City of Meridian and its employees hamiless r _ frorri nay claim or liability- resulting from any dispute as to the statements contained i herein or as to the ownership of the property which is the subject of the application. t .. . 3. I hereby grant permission to City of Meridian staff to enter the- subject property for .the - pnzpo5e of site inspections related to processing said application(s). z Dated this day of (Signature) . ~ SUBSCRIBED AND SWORN to before me the day an ~ first ab'Dve written. .. N 1 ,i blic for~dah'o) ~ , CHRISTINA A MILLER _ r . Notary Public Residing at: C ~~ u~ u~~<<G~i~~_~s~~~-~ r State of Idaho My Commission Expires: 1 t ~ S. __ • RECORDATION REQUESTED BY: FARMERS & MERCHANTS STATE BANK Boise 209 N 12th Street P O Box 9242 Boise, ID 83707-9242 WHEN RECORDED MAIL TO: FARMERS & MERCHANTS STATE BANK Boise 209 N 12th Street P O Box 9242 Boise, ID 83707-9242 SEND TAX NOTICES TO: SULAMITA, INC. 1021 N 8TH STREET MERIDIAN ID 83642 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY DEED OF TRUST THIS DEED OF TRUST is dated May 6, 2005, among SULAMITA, INC., an Idaho Religious Corporation, whose address is 1021 N 8TH STREET, MERIDIAN, ID 83642 ("Grantor"); FARMERS & MERCHANTS STATE BANK, whose address is Boise, 209 N 12th Street, P O Box 9242, Boise, ID 83707-9242 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Stewart Title of Boise, Inc. ,whose address is 9196 WEST EMERALD, SUITE 100, Boise, ID 83704 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor does hereby irrevocably grant, bargain, sell and convey in trust, with power of sale, to Trustee for the benefit of Lender as Beneficiary, all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the 'Real Property") located in ADA County, State of Idaho: See EXHIBIT "A", which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set forth herein. The Real Property or its address is commonly known as 1021 N 8TH STREET, MERIDIAN, ID 83642. Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of ah Event of Default,. Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. The. following provisions relate to the use of the Property or to other limitations oh the Property. THE REAL PROPERTY EITHER IS NOT MORE THAN FORTY (40) ACRES IN-AREA OR IS LOCATED WITHIN AN INCORPORATED,CITY OR VILLAGE. _ -• Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and -maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous _. Substance. by .any person on, under, about., or from the Property; (2) Grantor has- no knowledge of, or reason to believe-that there has .< '° °' been; except as p~eviously'disclosi3d to aril acknovvledged`liy tender in writirig, ...(a) ~ any'b~each or vlolatior of 'any"Emi"r"onmerital` Cavvs, (b1 any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither .= Grantor nor any. tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance` "~ wifh all applicable federal, state;;and local laws, 'regulations and ordinances, including without limitation all Erivirorimental Laws. `Grantor. '" authorizes Lender and its a eiits to enter u~on the Pro~e 9 p p rty #o make such inspectionr'and_tests, at Grantor's expense; as Lendermay deem appropriate to determine compliance of the property; with this section of the Deed of ,Tru"st`. `Any,irispections or tests made by Lrehder shall' be for Lender's purposes only and shall riot be construed to create any responsibility or liability on'the part of Lendec;to Grantor or to ary .. " .. .a. • ~ 4 • • ~ Loan No: 5412060512 DEED OF TRUST (Continued) Page 2 other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, -penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas-, coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. ' Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE -CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Grantor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent (25°k) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Idaho law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), tines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust. Right to Conti:st. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond, furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can"and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE., The following provisions relating to insuring the Property are a part of this Deed of Trust. _ '~-;Nlairrtenance`of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on e replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably. acceptable to Lender. Grantor, upon request ~ of; Lender; ,will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will°not be cancelled or diminished without at least fifteen (15) days prior written notice to Lender. Each 4 • DEED- OF TRUST Loan No: 5412060512 (Continued) Page 3 insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that: (a) 'Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and Ib1 Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of alt persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If .any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will: ,deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in. lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION-OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges area part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. M ~T Taxes: 'The following shall constitute taxes to which this section applies: (1) a specific tax upon-this type of Deed of Trust or upon all or any part of the Indeb#edness secured by this Deed of Trust; (2) a specific tax on Grantor which Grantor is authorized or required to DEED OF TRUST Loan No: 5412060512 (Continued) Page 4 deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of-Deed of Trust chargeable against the Lender or the holder of the Note; and (4} a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney-in-Fact, If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Grantor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Grantor, if permitted by applicable law. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents. Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Insolvency.. The dissolution or termination of Grantor's existence as a going business, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. C~editor~or'~Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender _~ monies or a .surety,, bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an ,adEquate reserve'or bond for the dispute. ` Breach of;:,Other. Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not DEED OF TRUST Loan No: 5412060512 (Continued) Page 5 remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if Grantor, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Notice of Default. In the Event of Default Lender shall execute or cause the Trustee to execute a written notice of such default and of Lender's election to cause the Property to be sold to satisfy the indebtedness, and shall cause such notice to be recorded in the office of the recorder of each county wherein the Real Property, or any part thereof, is situated. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Grantor would be required to pay. Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either 111 pay a reasonable rental for the use of the Property, or 12) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or by law Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all rights to have the Property marshalled. In exercising-its rights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of sale having been given as then required by law, and not less than the time required by law having elapsed, Trustee, without demahd on Grantor, shall sell the .property at the time and place fixed by it in the notice of sale at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee shall deliver to the purchaser his or her deed conveying the Property so sold, but without .- any covenant or warranty express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness `"of'such matters or facts. After deducting all costs, fees-and expenses of Trustee and of this Trust, including cost of evidence of title and reasonable attorneys' fees, including those in connection with the sale, Trustee shall apply proceeds of sale to payment of (a) all sums expended under this Deed of Trust, not then repaid with interest thereon as provided in this Deed of Trust; Ib) all Indebtedness secured hereby; and (c) the remainder, if any, to the person or persons legally entitled thereto. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled ~to recover. such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is .involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any ,time for the protection of its interest or the enforcement of its rights shall become apart of the Indebtedness payable on demand and shall DEED OF TRUST Loan No: 5412060512 (Continued) Page 6 bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust: Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor: (a) join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien, or of any action or proceeding in which Grantor, Lender, or Trustee shall be a party, unless the action or proceeding is brought by Trustee. Trustee. Trustee shall meet all. qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of ADA County, State of Idaho. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee; and Grantor, the book and page where this Deed of Trust is recorded, and the name and address of the successor trustee, and the instrument shall be executed and acknowledged by Lender or its successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution. NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors, MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Arbitration, Grantor and Lender agree that all disputes, claims and controversies between them whether individual, joint, or class in nature, arising from this Deed of Trust or otherwise, including without limitation contract and tort disputes, shall be arbitrated pursuant to the Rules of the American Arbitration Association in effect at -the time the claim is filed, upon request of either party. No act to take or dispose of any Property shall constitute a waiver of this arbitration agreement or be prohibited by this arbitration agreement. This includes, without limitation, obtaining injunctive relief or a temporary restraining order; invoking a power of sale under any deed of trust or mortgage; obtaining a writ of attachment or imposition of a receiver; or exercising any rights relating to personal property, including taking or disposing of such property with or without judicial process pursuant to Article 9 of the Uniform Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or reasonableness of any act, or exercise of any right, concerning any Property, including any claim to rescind, reform, or otherwise modify any agreement relating to the Property, shall also be arbitrated, provided however that no arbitrator shall have the right or the power to enjoin or restrain any act of any party. Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. Nothing in this Deed of Trust shall preclude any party from seeking equitable relief from a court of competent jurisdiction. The statute of limitations, estoppel, waiver, laches, and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed.the commencement of an action for these purposes. The Federal Arbitration Act shall apply to the construction, interpretation, and enforcement of this arbitration provision. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the. laws''of the State of Idaho without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the State `of Idaho.' CForce ofi Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Ada County, State of Idaho. DEED OF TRUST Loan No: 5412060512 (Continued) Page 7 No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall. not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Idaho as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word "Beneficiary" means FARMERS & MERCHANTS STATE BANK, and its successors and assigns. Borrower. The word ".Borrower" means SULAMITA, INC. and includes all co-signers and co-makers signing the Note. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property- and Rents. Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Defauk. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Grantor. The word "Grantor" means SULAMITA, INC.. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. ~_ :.Lender., The word "Lender" means FARMERS & MERCHANTS STATE BANK, its successors and assigns. "'" Note. The word "Note" means the promissory note dated May 6, 2005, in the original principal amount of $385,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is May 10, 2015. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. '° .Personal` Property. The words "Persona! Property" mean all equipment, fixtures, and other articles of personal property now or hereafter a "ovvned by_Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of; and "all substitutions for, any of such property; and together with all proceeds (including without Limitation all insurance DEED OF TRUST Loan No: 5412060512 (Continued) proceeds and refunds of premiums} from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Persona! Property. Real Property. The words "Real'Property" mean the real property, interests and rights, as further described in this Deed of Trust. Page 8 Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Trustee. The word "Trustee" means Stewart Title of Boise, Inc. ,whose address is 9196 WEST EMERALD, SUITE 100, Boise, ID 83704 and any substitute or successor trustees. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: SULAMITA, INC. By:;_COPY,-. _ By COPY _ _ VASTLY SHABURA, President of SULAMITA, INC. VIKTOR TSEMA, Secretary of SULAMITA, INC. CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF SS On this day of , in the year 20 ,before me a notary public in and for the State of Idaho, personally appeared VASTLY SHABURA, President; VIKTOR TSEMA, Secretary of SULAMITA, INC., known or identified to me (or proved to me on the oath of ), to be authorized signers of SULAMITA, INC., the corporation that executed the instrument or the persons who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. Residing at Notary Public for Idaho My commission expires REQUEST FOR FULL RECONVEYANCE (To be used only when obligations have been paid in full) To: Trustee The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums secured by this Deed of Trust have been fully paid and satisfied. You are hereby directed, upon payment to you of any sums owing to you under the terms of this Deed of Trust or pursuant to any applicable statute, to cancel the Note secured by this Deed of Trust (which is delivered to you together with this Deed of Trust), and to reconvey, without warranty, to the. parties designated by the terms of this Deed of Trust, the estate now held by you under this Deed of Trust. Please mail the reconveyance and Related Documents to: Date:.,, Beneficiary: By: . Its: ~.- , ~~ ' ~ - LASER PRO Lentlinp, Ver. 5.29,20.003 Cppr. Harlentl Financial 9oWtiona, Inc. 1997, 2005. All Riphn Paerved. - ID J:1CFI\LPL\G01.FC 7R-13817 PR-7 ... .;+ ~ o O ~ 9 -4 1-_. ~ ~ (o~~ , ~ N -~ ~-- I N ~ ENCLOSURE T 1 TRASH rn z ~-4" o l ~ r Q ( ~ _ ~ ~, m ~~ o m xi F " a i P ~ ~o ~ m~~~ ~ m ~ A ~ rn _ O L> A \ n ~ O o z ~ D ~m ~1 ~T >~ ~~ st n i o a ~ n o~ ~o Z A O G1 S D (~ ~ m O C ~ ~ O' i i r ~ ~ ~~ -. 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