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Regency at River ValleyCERTIFICATE OF ZONING COMPLIANCE REPORT DATE: November 16, 2011 E IDIAN' TO: Bach Investments, LLC IDAHO FROM: Sonya Watters, Associate City Planner SUBJECT: Regency at River Valley — CZC-11-025; DES -11-011 OWNER: The Regency at River Valley, LLC DESCRIPTION OF APPLICANT'S REQUEST The applicant, Bach Investments, LLC, requests Certificate of Zoning Compliance (CZC) approval for the overall site layout of The Regency at River Valley multi -family development. The applicant also requests design review (DES) approval of the overall site layout and all future buildings proposed for the site. The apartment complex is proposed to consist of (8) four-story multi -family structures with a total of 240 residential units, 8 garages housing a total of 48 parking spaces, and covered carports. The dwelling units will consist of a mix of 1, 2, and 3 bedroom units. Amenities will include a clubhouse consisting of a leasing office, exercise and fitness room, billiards table, tanning room, and a lounge area; swimming/splash pool and spa with 4 gazebos around the pool and a large deck area; playground; putting green; open grassy area for activities and games; and internal pedestrian pathways. The property consists of 10.56 acres and is zoned R-40. The site is located at 2500 N. Eagle Road; the future address will be 3400 E. River Valley Street. Note: The second CZC will be for the clubhouse & associated parking. Installation of the street buffer along E. River Valley Street & Allys will be tied to occupancy of the first structure (clubhouse). The third & subsequent CZC's will include the apartment structure(s) and associated required parking for that - structure(s). (Garages are required to be approved with the CZC for the associated apartment structure or before if desired.) DECISION The applicant's request for CZC is approved with the conditions listed in this report. Note: This is not a building permit. Please contact Building Services at (208) 887-2211 to verify if you need a building permit and/or inspection. If you do need a building permit, you must complete that process before you commence the use or construction. As part of the application submittal, you will need to provide two sets of the final, stamped "approved" Planning Department plans. You must provide these plans in PDFformat and hardcopy as specified in the Building Services "Plan Intake Checklist" and include them with your building submittal set. Please contact Building Services for additional details about building permits and inspections. Site Specific Conditions of Approval 1. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. Temporary construction fencing shall be installed around the perimeter of the site where permanent fencing is not proposed prior to issuance of building permits to contain debris during construction. 2. The applicant is required to tile the Stokesberry Lateral/Downey Sublateral as set forth in UDC 11 -3A -6A prior to issuance of the first Certificate of Occupancy within this development. Conditions Document 1 Regency at River Valley CZC-11-025; DES -11-011 0 3. Prior to issuance of Certificate of Occupancy, the applicant shall remove or relocate any existing structures that do not conform to setbacks and/or use in the zone. 4. An easement is required to be recorded for public access to & maintenance of the pathways through the site, prior to issuance of Certificate of Occupancy. 5. Development of the site shall be generally consistent with the phasing plan, dated June 27, 2011, shown in Exhibit E. 6. A copy of a license agreement with NMID allowing garages within their easement is required to be submitted to the Planning Department with the Certificate of Zoning Compliance application for structures that lie within NMID's easements. If a license agreement is not obtained from AMID allowing structures within their easement, the applicant shall submit a revised site plan that depicts structures outside of the easement(s). 7. Submit a letter of final approval from NNS for the relocation of the Downey/Stokesberry Sublateral and easement that currently exists along the southern boundary of the site, per requirement of CUP -08-004. If 1VMID does not consent to relocation of the sublateral and easement, the site plan shall be revised to depict the structures outside of the easement. 8. Temporary access for the site shall be provided by way of a right-in/right-out access via N. Eagle Road as shown in Exhibit F until such time as E. River Valley Road is extended along the southern boundary of the site in accord with the development agreement, per VAR -11- 002. Once River Valley has been constructed, the access via Eagle Road shall be removed and access shall be provided via two access points to/from River Valley; emergency access only will be provided via Allys Avenue at the east boundary. Process Conditions of Approval 1. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 3. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 4. The site plan prepared by R. Scott Stanfield (stamped & signed on 10/11/11) labeled Sheet 1 of 1, is approved (stamped "approved" on November 16, 2011 by the City of Meridian Planning Department) with no changes. 5. The landscape plan prepared by Lars Anderson Designs, dated September 2011, labeled LS -1 & LS -1A, is approved (stamped "approved" on November 16, 2011 by the City of Meridian Planning Department) with no changes. 6. The approved site plan, landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Department. 7. The elevations prepared by Tuttle and Associates, Inc. on September 23, 2011, labeled A-201.01; A-201.02; A-201.03; A-201.04; and A-201.05, are approved (stamped "approved" on November 16, 2011 by the City of Meridian Planning Department) with no changes. 8. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. Conditions Document 2 Regency at River Valley CZC-11-025;DES-11-011 9. If any changes must be made to the site plan to accommodate ACHD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Department for approval prior to issuance of the building permit. 10. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. 11. Prior to any Certificate of Occupancy being issued for this site, the applicant shall record a public access easement for the multi -use pathway along E. River Valley Street and through the site, and submit copy of said easement to the Planning Department. 12. At such time that the multi -use pathway along E. River Valley Street connects from one major street to another and is greater than one-half mile long, the applicant may petition the City to assume maintenance responsibilities. Ongoing Conditions of Approval 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 2. The subject property adjoins a state highway (SH 55/Eagle Road); access to the state facility is restricted as set forth in UDC 11 -3H -4B, except for as approved through VAR -11-002. 3. The conditional use may only be transferred or modified consistent with the provisions as set forth in UDC 11 -5B -6G. The applicant shall contact Planning Department staff regarding any proposed modification and/or transfer of ownership. 4. The applicant shall comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 5. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ -08-003; CUP -08-004; VAR -08-002; TE -09-021; MCU -10- 001; MDA -10-008). 6. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 7. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 8. The applicant shall have an ongoing obligation to maintain all pathways. 9. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 10. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 11. The applicant and/or assigns shall have the continuing obligation to meet the speck use standards for the proposed use as set forth in UDC 11-4-3-27 for multi -family developments. CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Department on or before December 1, 2011, Conditions Document 3 Regency at River Valley CZC-11-025; DES -11-011 0 0 within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11- 5A -6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. EXPIRATION Certificates of Zoning Compliance issued in conjunction with a proposed use shall expire if said use has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. Certificates of Zoning Compliance issued in conjunction with construction or alteration of a structure shall expire if said construction or alteration has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until November 16, 2012. A. Vicinity Map B. Site Plan (stamped & signed on 10/11/11 by R. Scott Stanfield) C. Landscape Plan (dated: September 2011) D. Building Elevations (dated: September 23, 2011) E. Phasing Plan (dated: June 27, 2011) F. Temporary Access Location Approved with VAR -11-002 Conditions Document 4 Regency at River Valley CZC-11-025; DES -11-011 • A. Vicinity Map Conditions Document 2 Regency at River Valley CZC-11-025; DES -11-011 �1_ • B. Site Plan (stamped & signed on 10/11/11 by R. Scott Stanfield) Y'NW RQNG`Y AY iNER VALL.L•Y w w..w�.mr •»••� PAN7 OP iME 3W=".14M, i t 3" 6 T. J ME. . A i AM W 6Y. �wY+ A:wi JweN w Nt W CDIMTY,7Y, IY7AH0 �i Conditions Document 3 Regency at River Valley CZC-11-025; DES -11-011 C. Landscape Plan (dated: September 2011) LANDSCAPE MASTER PLAN I Hil Conditions Document 4 Regency at River Valley CZC-11-025; DES -11-011 0 D. Building Elevations (dated: September 23, 2011) Conditions Document 5 Regency at River Valley CZC-11-025; DES -11-011 F F ��- nq .,.._ Iillilflll� �.'. .:.>.,�,���ll�h �h illl �� li � 1 Alli a III" l� i+�1 0119 Eff �;�71M 'IIl i III �riti a� ii♦ _ �i�i6T#!I Conditions Document 5 Regency at River Valley CZC-11-025; DES -11-011 k' Nw. Conditions Document 6 Regency at River Valley CZC-11-025; DES -11-011 aaa�ggg 1 �II �� � ` IIi o.. ME I I M --i - � i k' Nw. Conditions Document 6 Regency at River Valley CZC-11-025; DES -11-011 Conditions Document 7 Regency at River Valley CZC-11-025; DES -11-011 C a all . Conditions Document 7 Regency at River Valley CZC-11-025; DES -11-011 a Nil 01 = -iiI11 = n OR A" �►� IY�I' � �®■ � 1 �t ���i� �� X11 � I1FBI,. Conditions Document 7 Regency at River Valley CZC-11-025; DES -11-011 E. Phasing Plan (dated: June 27, 2011) REGENCY AT RIVER VALLEY APARTMENTS Certificate of Zoning Compliance Schedule Jurw 27.2011 Great Wall of Chln2 gI Restaurant N 0 Schedule CZC Abel Cesuip-jon, J QC -2 Road &AJt*VA::.. —Czc - 3 88Idl W A a Garage 1 CZC - 10 CZC-z BuRdIngH,Gare, s7&S CYC -5 -001 neva CZC-6 BUIdl Iff G & Gmgq 6 CZC--1 S. I di C 8 Z G aroge Bwdwg 0 QC -a Bullelm F ZC - 1 kluildi.aE&PMWCOM— N CZC 9 Amis Suddl,n 0, GarAe. S. Partial CIC -0 CornmnAmas.andTrasi E-1.-GiArea QC -1! Buildi l-lage, r, L ZC - CZC-3 Conditions Document r 1' = 410' i,J ITTI 416, C, ZC - CZ 11 C C CZC-4 PROPOSED EAST RIVER VALLEY STREET AS PER ACHD 9 Regency at River Valley CZC-11-025; DES -11-011 • F. Temporary Access Location Approved with VAR -11-002 r�ro MOW wooss LOCLAI MMM T! IIMMIMWMW T �MY�!= bC" U Conditions Document 10 Regency at River Valley CZC-11-025; DES -11-011 E IDIAM, Type of Review Requested (check all that apply) ❑ Accessory Use ❑ Alternative Compliance ❑✓ Certificate of Zoning Compliance ❑ Certificate of Zoning Compliance Verification ❑ Conditional Use Permit Minor Modification ❑ Design Review ❑ Private Street ❑ Property Boundary Adjustment ❑ Time Extension (Director) ❑ Vacation ❑ Other • Planning Department ADMINISTRATIVE REVIEW APPLICATION STAFF USE ONLY: File number(s): C2rG� i1 �ZS'� DIS iC�oll Project name: a- FZ.i Pr Ua.11 e Date filed: (o'Zl -1l ate complete: Il'1 1 Assigned Planner: So-va Watters Related files: ;v PS - 08-004 ; -M-01-OZA ; MW - to -C)o 1 Applicant Information Applicant name: Bach Investments, LLC Phone: 801.567.3006 Applicant address: 11650 South State Street Suite 4300 Draper, Utah Zip: 84020 Applicant's interest in property: ❑✓ Own ❑ Rent []Optioned ❑ Other Owner name: The Regency at River Valley, LLC Phone: 801.567.3006 Owner address: 11650 South State Street Suite #300 Draper, Utah Zip: 84020 Agent name (e.g., architect, engineer, developer, representative): Greg Rindlisbacher / Representative Firm name: Bach Investments, LLC Phone: 801.567.3006 Address: 11650 South State Street Suite #300 Draper, Utah Zip: 84020 Primary contact is: Q Applicant ❑ Owner ❑ Agent ❑ Other Contact name: Gree Rindlisbacher Phone: 801.567.3006 E-mail: a.r6bbachhomes.net Fax: 801.567.3091 Subject Property Information Location/street address: 2500 North Eagle Road, Meridian, Idaho 83646 (Future address: 3400 E. River Valley St.) Assessor's parcel number(s): 51104233914 and S 1104233920 Township, range, section: T3N, RIE, SEC 4 Total acreage: 10.56 - Multi - Family, 1.15 commercial Current land use: Vacant Current zoning district: RUW R-4'0 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 1114108) -007-; 4DA-10-00% Project Description Project/subdivision name: The Regency at River Valley General description of proposed project/request: 240 Apartment Units, 1 Clubhouse and 48 Garages Proposed zoning district(s): Acres of each zone proposed: 10.56 Multi - Family, 1.15 Commerical Type of use proposed (check all that apply): ❑✓ Residential ❑ Commercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): Clubhouse, pool, hot tub, gazebos, playground, etc. Who will own & maintain the pressurized irrigation system in this development? The Regency at River Valley, LLC Which irrigation district does this property lie within? NMID Primary irrigation source: Stokesberry Lateral Secondary: Red Feather Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: 240 Number of building lots: 1 Number of common and/or other lots: N/A Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: 68 2 or more Bedrooms: 172 Minimum square footage of structure(s) (excl. garage): 19,154 Proposed building height: 41'10" Minimum property size (s.f): N/A Average property size (s.f.): N/A Gross density (DU/acre total land): 22.92 units per acre Net density (Macre-excluding roads & alleys): 36.98 Percentage of open space provided: 42% Acreage of open space: 4.44 acres Percentage of useable open space: 15.8% (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): N/A Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes [DMulti-family Non-residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): Building height: Percentage of site/project devoted to the following: Landscaping: Total number of employees: Building: Paving: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: Authorization Number of compact spaces provided: Print applicant name: 6+ b , r YZ'� ►!1(i S L 4G�L it Applicant signature: Date: i l/ E. roadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (2 84-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 NARRATIVE FOR The Regency at River Valley Apartment Community We are requesting approval of the Certificate of Zoning Compliance in order to proceed with construction of the Regency at River Valley Apartment project as described below: LOCATION: 3400 East River Valley Street in Meridian, east of and adjacent to N. Eagle Road, south of Ustick Road and north of and adjacent to the future extension of E. River Valley Road. DESCRIPTION: The Regency at River Valley Apartment Community is a project that will consist of the following: • A community clubhouse that will include, a leasing office, exercise and fitness room, billiards table, tanning room, and a lounge area. • 240 Class "A" apartment dwelling units; a mix of 1, 2 and 3 bedroom units. Units will feature nine foot ceilings (1st, 2nd & 3`d Floors), vaulted 4th floor ceilings, drywall finish, and upgraded cabinetry. The executive units will feature fireplaces, garden tubs, upgraded carpet and granite countertops. See Design Review Application for renderings of the buildings. • Community barbecue with picnic areas. • A swimming/splash pool and spa with four gazebos and large deck area. • Children's play area featuring a custom manufactured children playground structure. • Forty-eight fully enclosed garages. • Covered parking areas as approved by the development agreement with Meridian City. • Visitor parking • Putting green and open grass areas for activities and games. Elevations are consistent with that which was included with the design review application. APPROVALS: Below is a list of approvals and amendments in chronological order as received by Meridian City: AZ -08-003; CUP -08-004; VAR -08-002; TE -09-021; MDA -10-008; MCU -10-001; PS - 08 -004 Sincerely, Greg Rindlisbacher The Regency at River Valley, LLC Managing Member Developed and Built by: Bach Investments u Planning Department c/o Sonya Watters Meridian City 33 E. Broadway Ave., Meridian, ID. • Re: Narrative letter addressing design guidelines in the Meridian Design Manual and UDC 11-3A-19 To Whom It May Concern, The Regency at River Valley has followed the Meridian Design Manual and UDC 11-3A-19 in the development and design of the overall project. This includes the site plan, apartment buildings, parking, common areas, clubhouse / office, pool areas and entrances. The following is our brief summary that shows how the Regency at River Valley conforms to the guidelines established by the City of Meridian. 1. Architectural Character a. Facades: the front of a building, especially an imposing or decorative one. i. The elevation / facade of the clubhouse, gazebos, pool equipment building and apartment buildings are designed and will feature many of the same architectural elements. The colors used on the buildings will be earth tone colors and will be the common theme throughout the project. The building materials used on all the buildings will match in color, texture and design. The clubhouse will have added features as this is the showcase of the project and the common amenity used by all residents and the office staff. b. Primary public entrances: L The primary entrance to the apartment project showcases clubhouse, the landscaping, the monument and makes the public feel welcome. The clubhouse and office have been strategically placed at the entrance of the project to help the guests and public quickly find information about the apartments. ii. Entrances into each apartment building have been designed to easily help the public identify the entrance. Entrances are covered for protection from weather elements. Entrances are also highlighted with brick and rock and are the main focal point of each apartment building. c. Roof Lines: L Roof lines have been adjusted to give relief to the overall height of the structure and to bring the eye to the entrance of each building. The roofs have been staggered and roofs have been hipped on the end to soften the overall height of 0 • the buildings. Gables have been used over all the entrances. This establishes the entrance as the main building focal point. ii. Walls have been shifted throughout the length of the building to give relief to the large structure and create depth to each building. Shifting the walls also breaks up the roof and creates more character in the roof design. d. Pattern Variations: I. Pattern Variations have been used throughout the design of the project. From the offsetting of walls and rooflines to the changes in stucco colors, brick, rock and hardiplank. The patterns and textures throughout the project create detail in the buildings which help to create interest and balance. e. Fenestration: (I had to look this term up in the dictionary) i. Patterns have been established for all window and door openings. Windows and doors are generally all the same size to bring uniformity and curb appeal to the buildings. The breezeways are also consistent in size. The entrances to the breezeways have been designed with arches. This creates an open air window effect and dresses up the breezeway opening. This is also present in the covered patios and decks on the buildings. f. Mechanical Equipment: I. All mechanical equipment is screened from the public. Most of the equipment is located in mechanical closets in the breezeways and deck areas. Air conditioning units are place along the buildings in the back of the flowerbeds. Landscaping is used to screen the air conditioning units from the public. ii. Electrical panels have been place on the side of the buildings. These are kept away from the entrances to the apartment buildings. 2. Color and Materials: a. Brick, rock and stucco are the main masonry elements used in the project. Natural earth tones have been chosen for the masonry elements. b. Hardiplank is being used in minor areas to give architectural relief and more visual detail to the buildings. This is especially present on the clubhouse. c. Sample rock and stucco colors have been included in our design review application. 3. Site Plan and Building Layout a. Building location: L Buildings have been located throughout the project. They have been located to accommodate convenient parking, and views to the courtyard. b. Parking areas: Parking areas are located around the project. The parking is offset from all the roadways in the project. c. Access: i. Primary access to the project is located on River Valley Road. Secondary access is also located on River Valley Road. ii. Emergency access is located on Alleys Ave. d. Street Layout and Internal Circulation: L As with all of our projects, traffic circulation and parking is a major element in design and is the primary element that the project is designed around. ii. Roadways are designed in a circular pattern around the property. This proves to be the best design. Especially for moving trucks that are common to an apartment project, garbage trucks and fire trucks. e. Pedestrian Walkways and facilities: L Pedestrian walkways have been designed into the project. All walkways comply with ADA requirements and lead each guest to the common area amenities throughout the project. Walkways are connected to the River Valley Road walkway which leads to the new Julius Kliener Park and the future Centercal project to the south. Also walkways are stubbed for the future trail system that will be following the Stokesberry lateral. We are excited to see this project develop and feel it will be a great asset to the City of Meridian. We look forward to doing business in the City and accommodating housing for the residents of Meridian. If you have any questions regarding our design review application, please email me at g.r(a@bachhomes.net or call at 801.567.3006. Thank you, 3r� '(LIP J r Greg dlisbacher The Regency at River Valley, LLC Managing Member 0 E IDIAN*-- idawa PW100 FORM Date: 5/20/11 • Meridian Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 Ph: (208) 887-2211 Fax: (208) 887-1297' www. meridiancity.orgi, The following property has been researched by The City of Meridian Public Works Department. Project Name: REGENCY a@ RIVER VALLEY Address: 3400 E. River Valley St. Zip Code: 83646 Note: Entrance to apartment complex located approximately 630' east of N. Eagle Rd. Leasing office & clubhouse to be assigned main address of 3400 E. River Valley St. Apartment buildings to carry same address with building letters and apartment numbers added. (ie 3400 E. River Valley St., A-101, Meridian, ID 83646) Apartment buildings will be labeled A -H. 1) The address has been assigned based on available information. This address should be considered temporary (Development process has not been completed, so the address may change) 2) This address will be required to connect to municipal services. X_ Water and Sewer mains are available for connection to the Municipal System. This property does not currently have services available. (Development process has not been completed) 3) This is an existing structure that is connected to municipal services. EACH SET OF PLANS WILL BE REQUIRED TO CLEARLY REFLECT THE CORRECT ADDRESS AND SUITE NUMBER (IF APPLICABLE). Terri Ricks Land Development Services tricks@meridiancity.org 0 0 E. USTI CK ROAD E. FAIRVIEW AVENUE VICINITY MAP 1 " = 1000' 0 5i A� ncl EAOLl ROAD C wuexa nnc - _doe xo, xwza+ a P. The Regency at River Valley DxD xa xwY050E40.Lp Bach Homes 11M a $60 $e.t sr Demolltion Plen Q'W. 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Llan 8403 ib DRAPER, UT 84020 801442080 andianaII n.RON o aN EXTERIOR ELEVATIONS Rh eRValeleyy at —�-14! i,! t 9 eocN�it� ::9,Nat r'. Apartment Community e.m .na..row naopmentUc .iu M rldlen, 10 '0p „i.........i„' °s>{ I,t 414 F• . 4 /R[NIIf[If N EXTERIOR ELEVATIONS The Regency at River Valley I Apartment Community B:n C..e mmLLC Q M.ddj n, ID Lr4 o I A'R[?Nl Fs(is ► �.'� 3, EXTERIOR ELEVATIONSThe et River Valleyy $w Apartment Community McAGIan, ID aeon Sana ena oeavew P.nem.uc N :' m ` Afo���I :; m Jima, 9 AIlln " = q=N EXTERIOR ELEVATIONS Rh Regan at l'�-- :r:� �.4 A1FCAIi 4r0 / ApartmentCommunity e•ml..r�o.neDev1•pm•m,LLc MerWlen, ID �0° l..liiiiui' �.�.oW ',...d­-..G.p..j...a � ilunwwop luao�wye1ody o� si�3iie�av -i%' faio1�uBij SNOUVA3132ONHX3le N ( 8y P 0 0 .eumuwiw 01'ueIPP'•W � Allun`O� 011'IwwtlulMad W�Pu�l4 08 wwoo >.uewyjedy R 517311H11v n AelleAi-IN "' N t� le (oua6aL1 a41 SNOUVA313 isnOHenio g a 10 -- — — — — p _ — hP � go 2 •3��ei. N IQ 1� .0 i-IfY3� i4y o FiL a ja nu a' 2. iji € F GARAGES 2 3 4 & 5 The Regency at� :�, 14.�i a`i p I r River Valley o •� AR(H (Is Apartment Community Bac�LontlaMDavebpmenl.LLC Msrldisn. ID joO 0 0 's z �q sa j V I iA J The Regency at •Q n d- A -=t i o ti i a I;gra•, i�.. N^ GARAGES 1, 6 & 7 River Valley R .A AI[NllFfli o Apartment Community e.�ni..a.mo.�,.m.m.m,LLC m.dai.., io �° e I iA J The Regency at •Q n d- A -=t i o ti i a I;gra•, i�.. N^ GARAGES 1, 6 & 7 River Valley R .A AI[NllFfli o Apartment Community e.�ni..a.mo.�,.m.m.m,LLC m.dai.., io �° 0 0 z N� .S Dm c 0M " 4a 8 00 P 1a OR �p �A 0 —1 m R Z y z A Is 0 fir. `.yY D �+���� 8 The Regency at I•u I"� 1a n d A,I River Valley y .a8 A6(HII" Apartment Community e.u��,nd.ado.�emam.m.uc ' t t Meridian, ID �° 11 . 0 1 — ,--y y 00 r---------I z 0 C) I I Z a I z z , �I A n 0 z jz SII i I,i' =_ IIP�QI�uI�IJp�QIAuill D a s ti . O :f s 0 0 z z z a !SNI! MWEAai; I j!! 0 1 — ,--y L 00 r---------I z 0 C) I I a I z z , �I j ti I I I I i i to Rigg At D The Regency at � [u1lt'a';nEA116C1E}=Ial N" GAZEBO PLANS River Valley e`%��liv=^ �— a ARCNIIE[IS o Apartment Community e.m �.ad,ad oawmPmam, uc ."�`.�""'; Maddlan, ID 0 • A f I R 1 o y y yP O 1 n z .Jr —I ai ;z 1 JN o z .. cwtaa nays 1 it I I I »„w I Ins 1 I 1 O---------- — o --------- --I n noo y O I I - Z iz =p I I� D y O Z I I I I v . ,. js I I a •w a.4a y - O Z m 11 t1Ip D .a � � y• ; � �q R�F� "o �s 4 Eg C F ... .., Jw "-y f C WIN gg R pq � lipa e A o � fit �i3� � l� fill gg The Regency at N w POOL HOUSE River Valley q dN(NIIEf IS ApartmentCommunitye.cna.ntl.ntloa.a„m..l.«c Merltlian, l0 1°° ; � | - � � j�� , � r■| / . / � | �|■ _- . �•; ` ! . . � | ; q \ | |� ■( |! {� {) § ENTRY SIGN~-^� a ® mer _« U ..\ ARC IM ]/ , �i Mia_+@ _�� _ �� �" �2 ��: GQ �m z m� m ao G) Dm n0 CJ � mr cn O (nO coX r— -u mr �D = Z m z D T r O O x O O w �- • O _, I I• • 10'- • I r I �� I }� 0 I I • 4-8 TZ 2'- �5 0� + u �Ir-j5- L a , aiZ N� F*i 37'-6' (a N N '-4' 6'_ - '-9• S'_ • Fs Z V S� C m �z • O .=r m D 'N r alloo� ,• n 0 Elof O + m ® T O M V Ill Nm� oo 0 x I• � � 0 .3 0•. III ' ' o '. Q ' 3 a �•'-' WLi .17 C4 O v'-7 '�: � � CL _ fir. l I I cn LL --j ' L J --I—U • ' 0 O f 00 N — O O w �- • O _, I I• • 10'- • I r I �� I }� 0 I I • 4-8 TZ 2'- �5 0� + u �Ir-j5- L a , aiZ N� F*i (a N N O Fs Z S� C m �z .=r m D r alloo� ,• n 0 Elof � M Ill Nm� oo 0 I• 03 III Q z WLi O 3 cn CUA€ ' 0 . 1'-11 • 12'- • SR 7'-114' I2 S y C m z 2. mD au� n N Dm Ou (�mr"- com0 CmX Nmm �=z Dm z D • 0 —0' 3'— I awe • 0 I•• IIS�II CD aAlo ONO o, V • I I f �' L� 11 I. LL --j , - I II: I® •I O :ZCA II - (C)• w IIS\/ /\ 4' -a -T 2'-71 U1:1 FIt CD 7'-1 nff 13' a p W I O ►� N • 8' w 1 dDIS 3SNIS\M 1NIOd �JIASNb�ll ,� 360YHHOON I/ ONE PIECE A'a a � ® 4 y �, awnn �Inai gala Nnci A g LARSANDERSON N � � REGENCY AT RIVER VALLEY VW0.5OAPE pL1N LANDSCAPE ARCHITEC ARCHITECTS s a & raspwer imsoxmn MERIDIAN, IDMO Nin. �mnMttU apt-ip03W0 mtlY�mvn.[om Great Wall of China Restaurant CZC Schedule CZC Label Description CZC-2 Clubhouse, River Val ley Road&Alley Avenue Landscaping CZC-3 Building A & Garage 1 CZC-4 Building H, Garages 7&8 CZC - 5 Pool Area CZC-6 Building G & Garage 6 CZC-7 Building B & Garage 2 CZC- 8 Building F CZC-9 Building E & Partial Common Areas CZC - 10 Building D, Garage 5, Partial Common Areas, and Trash Enclosure Area CZC-11 1 Building C, Garages 3&4 REGENCY AT RIVER VALLEY APARTMENTS Certificate of Zoning Compliance Schedule June 27, 2011 PROPOSED EAST RIVER VALLEY STREET AS PER ACHD CENTERCAL PROPERTY 1" = 40' Y.. THE REGENCY AT RIVER VALLEY MA MHED .IDMOmmNII'Y YBPIPNN. IN.1H0 .-. ❑ ` txaixs _ .� - SITE LIGHTING PHOTOMETRIC PLAN - - %- ADA COUNTY RECORDER Chris pher 0. Rich AMOUNT 16.00 3 BOISE IDAHO 06109111 03:07 PM DEPUTY Lisa Batt �III�IIIIIIII�I�IIII�II��I��I�I������ RECORDED -REQUEST OF 111047033 each Investments WHEN RECORDED MAIL TO: The Regency at River Valley, LLC. II(ISuS.:� #300 L)A( 1 r UT `640a0 MTC File No. 206147 WARRANTY DEED The Regency at River Valley, LLC., GRANTOR, for and m consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, does hereby CONVEY and WARRANT to The Regency at River Valley, LLC., as GRANTEE, the following described real property situated in Ada County, State of Idaho, to -wit: Parcel `B": See Exhibit `B" attached hereto. This deed is given to create a new Tax Parcel Number pursuant to property boundary, adjustment approved by the City of Meridian, Idaho. Subject to general property taxes for the current year and thereafter. Subject to easements, conditions, covenants and restrictions of record. fti In witness whereof, the grantors have executed this instrument this day of June, 2011. The Regevc,J/at River Vf 114, LLC. Its: `MG{0 I.IA- STATE OF UTAH :ss COUNTY OF SALT LAKE ) t The i regi g i ent was acknowledged before me this I �V + day of June rARYP S the Manager of The Regency at River Valley, LLC, acme that h was executed by authority.NOTARY PUPLIC AMIE ROTHEY 11391 CARRIE RIM CIRCLE NIC SOUTH JORDAN. UT 87095 COMMISSION EXPIRES 07/02/2011 STATE OF UTAH , 2011 by who duly EXHIBIT `B" PROPERTY DESCRIPTION PARCEL B A parcel of land being a portion of the SW 1/4 NW 1/4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County Idaho, as shown on that certain Record of Survey No. 6638, recorded as Instrument No. 104124018 on Sept. 28, 2004 in the Office of the Recorder of Ada County, Idaho, by Anderson Survey Group, Inc. for Brian Weiss, more particularly described as follows: Commencing at the SW corner of said SWI/4 NW1/4, (Wl/4 corner of Section 4), said corner monumented with a brass disk; Thence S. 89° 45'23" E. a distance of 350.01 feet to the POINT OF BEGINNING, said point monumented with a found 5/8 -inch diameter iron pin, Thence N. 00° 36' 08" E. a distance of 180.00 feet parallel with the westerly boundary of said SW 1/4 NW IA to a found 5/8 -inch diameter iron pin; Thence N. 89° 45' 23" W. a distance of 49.86 feet parallel with the southerly boundary of said SW l/4 NWl/4 to a found 5/8 -inch diameter iron pin; Thence N. 00° 36' 08" E. a distance of 145.00 feet parallel with the westerly boundary of said SW 1/4 NW 1/4 to a found 5/8 -inch diameter iron pin; Thence N. 00° 33' 54" E. a distance of 217.06 feet to a found 5/8 -inch diameter iron pin; Thence N. 00° 36' 08" E. a distance of 218.08 feet parallel with the westerly boundary of said SW 1/4 NW 1/4 to a point that falls in the South Slough; Thence along said South Slough the following courses and distances; Thence N. 84° 26' 08" E. a distance of 17.43 feet to a point; Thence S. 66° 18' 52" E. a distance of 264.00 feet to a point; Thence S. 34° 48' 52" E. a distance of 227.70 feet to a point, Thence S. 71' 16' 52" E. a distance of 132.00 feet to a point; Thence S. 85° 33' 52" E. a distance of 174.90 feet to a point; Thence S. 40° 43' 52" E. a distance of 364.98 feet to a point; Page 1 of 2 v Thence S. 72° 58' 52" E. a distance of 99.25 feet to a point on the easterly boundary of said S W 1/4 NWl/4; Thence leaving said slough S. 00° 37' 57W. a distance of 111.66 feet along said easterly boundary to the SE comer of said SW 1/4 NW1/4, said corner monumented with a found 5/8 -inch diameter iron pin; Thence N. 890 45' 23" W. a distance of 978.33 feet along the southerly boundary of said SW1/4 NW 1/4 to the POINT OF BEGINNING. This parcel contains 10.56 acres more or less. Also, this parcel is subject to all easements and rights-of-way of record or implied. Page 2 of 2 AFFIDAVIT OF LEGAL INTEREST STATE OF4DAMfY ) COUNTY OF#BA ) 5alf L'*k - 4 12vejewieq 4 k1Ve/ V411"J,11-G. 11(0,)o '�0. Wit' -'t% s4, - (name) (address) Ix (city) (state) being first duly sworn upon, oath, depose and say: 1. That 1 am the record owner of the property described on the attached, and I grant my permission to: �yra I1SIl1 II(0e, (name) (address) to submit the accompanying application(s) pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this % rl A-�N day of NQ Ik V11 b it 20 111 (6u RF ney o RI, VA(Q,LLC_ (Signa re) SUBSCRIBED AND SWORN to before me the day and year first above written. f0 FRANCES CAINIM Notary Public (No ary Public for-IdahU) �\ State of Utah 1J4 Gomm. No. l Residing at: 131-L %ewa[ tM Comm F,Irea M1b112014 My Commission Expires: c(� I J201y 33 E. Broadway Avenue, Suiie 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Websi(e: www,meridiancity.org (Rev. 06A)21201 /) Randy Rindlisbacher From: Mindy Wallace [Mwallace@achdidaho.org] Sent: Tuesday, December 06, 2011 3:31 PM To: Randy Rindlisbacher Subject: RE: Randy, A traffic impact study was reviewed as part of ACHD's approval of a conditional use permit (MCUP-08-004), for Regency at River Valley. Therefore a new traffic impact study is not required for this ZCZ application or any CZC applications individual buildings within the Regency at River Valley site. Please let me know if you have any questions. Mindy Mindy Wallace Planning Review Supervisor Ada County Highway District (208)387-6178 "We drive quality transportation for all Ada County -- Anytime... Anywhere!" From: Randy Rindlisbacher rmailto:randyr@)bachhomes.net] Sent: Tuesday, December 06, 20113:07 PM To: Mindy Wallace Subject: We're applying for a CZC with the city of Meridian for our Regency at River Valley Apartment project located near the intersection of East River Valley Street and Eagle Road. The city of Meridian is requiring that I submit to them a confirmation letter stating that I have submitted a TIS for this project. Could you please get me something in writing for this? Thank you. Randy Rindlisbacher 11 ME n I ; �_ . . Pagel of 3 Sonya Watters From: Sonya Watters Sent: Friday, October 07, 2011 1:10 PM To: 'Randy Rindlisbacher' Subject: RE: Regency at River Valley CZC Response Randy, ,, see that you widened the sidewalk to 7' but it didn't appear the perimeter landscape buffer had been widened to 7'; has it been? Jwould like to have the 3rd color scheme included in the CZC since you're requesting design review of the tructures at this time. You're correct on the plans; also need building elevations. P.S. No, not really. From: Randy Rindlisbacher [mailto:randyr@bachhomes.net] Sent: Friday, October 07, 2011 12:56 PM To: Sonya Watters Subject: RE: Regency at River Valley CZC Response Sonya, My words are in red. Randy, I still need the following items before I can issue the CZC: d ** License agreement allowing garages within NMID's easement or revised G' site plan showing structures outside of easement I'm still working with NMID on the license agreement, so I don't think I can have an answer for you until next week. *Letter from NMID documenting that they are amenable to relocating the Downey/Stokesbarry Sublateral & easement that currently exists along the southern boundary of the site, per CUP -08-004 Same * The site plan needs to depict wheel stops for all parking stalls adjacent to landscaping, or the landscape buffer shall be widened an extra 2' to allow for vehicle overhang. This was done. We widened the sidewalk around the entire perimeter to 7'. My engineer didn't dimension the 7' sidewalk anywhere on the site plan, but if you look closely, you can see that it is wider around the perimeter where the parking stalls touch it. * Are only 2 different color schemes & variations proposed for all the buildings? (more would be nice :o) We are working on a 3rd scheme, but we don't have it done yet. Do you need to it now? Or is it good enough to tell you that there will be a 3rd scheme? he Property Management Contract is required to be recorded & a copy ubmitted Our title company has been trying to get this recorded for a couple of weeks 10/7/2011 Page 2 of 3 now. We sent it to the county, but the county was dragging their feet or seemed very hesitant to record it. They said they've never recorded anything like that before. So we told our title company to tell the county to record it anyway and just get it done. So it's been going slow, but I should have it done and a recorded copy to you next week. Please submit 5 full size to -scale sets of all plans, folded. What plans do you need to scale? Just the design professionals drawings? (architectural, landscaping, engineering) I assume you don't need renderings or the picture of the statue or things like that 24" x 36", right? Let me know. Thanks. Randy P.S. Was Billings everything you dreamed it would be and more? Thanks, Sonya -----Original Message ----- From: Randy Rindlisbacher [mailto:randyr@bachhomes.net] Sent: Friday, October 07, 2011 10:52 AM To: Sonya Watters Subject: RE: Regency at River Valley CZC Response I attached them to the email. Do you need paper copies? Let me know. Thanks. Randy -----Original Message ----- From: Sonya Watters [mailto:swatters@meridiancity.org] Sent: Thursday, October 06, 2011 5:39 PM To: Randy Rindlisbacher Cc: Greg Rindlisbacher Subject: RE: Regency at River Valley CZC Response When will I be getting revised plans on this? -----Original Message ----- 10/7/2011 Page 3 of 3 From: Randy Rindlisbacher [mailto:randyr@bachhomes.net] Sent: Friday, September 30, 2011 1:42 PM To: Sonya Watters Cc: Greg Rindlisbacher; Randy Rindlisbacher Subject: Regency at River Valley CZC Response Sonya, Please see our attached response to your CZC revision list. I've left your list in black and our responses in red. In the zip folder, there are several files as exhibits. Please let me know if you have any questions about this. Thanks. Randy Rindlisbacher 801-567-3008 (w) 801-652-8781 (m) randyr@bachhomes.net ion/2o11 Please revise the site plan as follows: • Depict all existing easements on the site plan (e.g. sewer/water/storm drainage/irrig, Downey/Stokesberry Sublateral, South Slough, etc.) Make sure no buildings encroach within the easement y -Easements have been added. (see CZC Site Plan and LS -1 "\ icense agreement addressing garages within NMID easement is in -process • Include the commercial portion of the property on the site plan as it is part of the parcel Included (see CZC Site Plan) • Landscape buffer along west boundary adjacent to the drive aisle & along the north boundary ✓ adjacent to the South Slough are required to be a minimum of 5 feet; the site plan shows 4.5' (per UDC 11-313-8C.1a & previous conditions of approval) Revised (see CZC Site Plan) • Remove the covered parking from the 10 stalls at the southwest corner of the site, west of garage #1 �. so that access is available to the sewer line Not applicable per Scott Steckline. (see other responses below regarding carports) • Remove the covered parking from the 12 stalls west of garage #5 that are over the storm drainage n area so that access is available for maintenance No change as per discussions with engineering. • Relocate the covered parking from the above areas to the 28 stalls on both sides of the main entry 1. but leave the stalls directly in front of the clubhouse on the curve uncovered No change as per discussions with engineering. (same as above) • Include legend that defines symbols shown on site plan t/ Revised (see CZC Site Plan) • Is 6' tall vinyl fencing proposed along the southern portion of the west boundary next to the future drive aisle & parcel #51104234102? Yes. We will be fencing the entire west property boundary. • Taper the pathway out to 10' in width at the north boundary so that when a 10' pathway is constructed on the property to the north it aligns Revised (see CZC Site Plan) • The multi -use pathway through the site connecting from the 10' wide pathway along River Valley to the north boundary is required to be signed for public access; include a note on the site plan for signage. Revised (see CZC Site Plan and LS -1) • Depict wheel o s for all parking stalls adjacent to sidewalks or landscaping; or, widen the sidewaluffer eet beyond the required amount to allow for vehicle overhang & reduce the length of the sta y 2 feet by+,Rd sl S o Changed plans to 7' sidewalk. (see CZC Site Plan) • Internal pedestrian walkways are required to be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks (e.g. the pathway should be V delineated where it connects from the 10' wide multi -use pathway along River Valley to the internal pathway that connects to the northern boundary of the site; and where the internal pathway connects to the 10' pathway along Allys where they cross the road) Revised (see CZC Site plan) • Developments w/20 units or more are required to provide the following: depict location on site plan and/or include a note (UDC 11-4-3-278.7) / ➢ A property management office V ➢ A maintenance storage area ➢ A central mailbox location, including provisions for parcel mail, that provide safe pedestrian and/or vehicular access. Done. (See CZC Site plan) L7Submit (1) copy of the revised plan for review Ok. Please revise the landscape plan as follows: • nclude the specific caliper inches of trees proposed as mitigation for trees removed from the site Done. See LS -1 Plan. • Revise the calculation table to update the carport calcs according to the comments above Not applicable. See responses above. • Include bicycle parking calcs in the Landscape Planning Requirements table Done. See LS -1 Plan. • Depict all easements (e.g. water, sewer, irrigation, etc.) Make sure no trees are proposed within / the irrigation district's easement in the buffer along E. River Valley & along the north boundary unless approved by the irrigation district Done. See LS -1 Plan. • Are the trees proposed along River Valley outside of the irrigation district's easement? If not, they need to be moved outside the easement (if there isn't room, an additional 5' is required to be dded to the buffer width). If there isn't room for 5' to be added, alternative compliance is required n accord with UDC 11-513-5. vv Yes, the trees along River Valley are outside NMID's easement. The easement has been moved to the north (as per NMID) and the trees have been moved to the south outside the easement. See LS -1 Plan. • 1 the parking lot landscaping along the north boundary within the irrigation district easement? It appears to be.... If so, did the irrigation district approve this? Yes, it is within NMID's easement and yes, they did approve this. Trees have been removed from directly above the pipe. See LS -1 Plan. This will be addressed in license agreement with NMID. • don't see the landscaping for the area along the north boundary; the only thing I see is what is Shown on Sheet LS -6 which is the northwest corner... (?) as sheets LS -6, LS -7, LS -10, LS -11, & LS -13. • Add a tree at the end of the two rows of parking where they come together at the southwest ✓corner of Building A Done. See LS -1. •bmit (1) copy of the revised plan for review jk. B i7effect) Elevations: ubmit rear/side elevations for all structures (if the sides are the same, please include note to that See attached Building Elevations. • bpecify colors on elevations that coincide w/exterior color board See attached rendering sheets. These are all new colors from before. Let me know if you need something else here. • Label the elevations with the building letter (i.e. Building A, B, etc.) that coincides with that shown �on the site/landscape plan Ok. See Building Elevations (very bottom right hand corner in the title block). • Will the colors of the units be arranged differently on each building for variation? Yes. See attached rendering sheets. • Submit (1) copy of the revised plan for review Ok. Additionally: • An easement is required for publi access to & mainjenance-of-tbe-pathways t� site. Done. See CZC Site Plan This easement, along with all other easements, have not been recorded yet. We request that this be a condition of certificate of occupany/ • A legally binding document is required to b4 recorded submitted to the City that states the maintenance and ownership responsibilitieskkrfhe m nagement of the development, including, but not limited to, structures, parking, common areas, and other development features, per UDC 11-4-3- 27G in accord with the development agreement. Done. See attached Property Management Contract. •/ubmit an exhibit (or depict on the site plan) showing the areas where carports are proposed per the Submit revisions. Not applicable (see above reasons). • If private street approval was never finalized within the allowed one year time period from the date of initial approval, a new private street application will need to be submitted. This was worked out with Addressing and the Fire Department. Fire Marshall approved of and iv ,;� said he actually preferred the way we did the addressing. It is my understanding that because of this, our drive aisles are not actually private streets, but just simply drive aisles. Is this acceptable? • The development agreement is required to be recorded prior to issuance of the CZC per requirement Of MCU -10-001. This has now been signed by us and sent to Meridian City. (I believe you received a copy of it). It is my understanding that the city would record it with the county. Please let us know if that has /qr Submit a letter from NMID documenting that they are amenable to relocating the Downey/Stokesberry Sublateral and easement that currently exists along the southern boundary of the site, per requirement of CUP -08-004. If NMID is not amenable to relocating the easement, the site plan shall be revised so that structures are located outside of the easement. Additionally, if NMID will not allow landscaping (i.e. trees) within their easement and there is not sufficient room outside of the easement for the required street buffer along River Valley Road, an additional 5 -foot wide strip shall be provided for street buffer landscaping. \J(( See attached NMID license agreement. (We are still waiting for NMID to get us the lice ---� agreement. ushing them and I'llt i . se-ya r CZC narrative to reflec a correct approvals for the project; most of the ones referenced ere denied. The correct file #'s are AZ -08-003; CUP -08-004; VAR -08-002; TE -09-021; MDA -10-008; CU -10-001; PS -08-004 (all of the "06" file numbers were denied). Done. • Revise the location of the covered parking on the CZC Schedule to match the requirements above Not applicable. (see above reasons) • emonstrate compliance with the requirement to provide a minimum of 80 s.f. of private, usable open pace for each unit (UDC 11-4-3-27B.3). Done. See attached floor plans for each units type (1, 2, & 3 bedroom units) • monstrate compliance with the open space requirements in UDC 11-4-3-27C (include calcs) Done. Please see attached sheet LS-1A showing open space requirements. • In ude details for the art work Please see attached photograph of statue. • Inc de detail of play structure See playground drawing. 7 November 2011 /J &/J10RbAH1/111 1901ZUa au Sonja Watters Planning & Zoning Dept. City of Meridian 33 E Broadway Avenue Ste 102 Meridian, ID 83642-2619 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463,0092 RE: Request from Scott Stanfield, P.E., Mansfield Stanfield Inc. Project: Regency @ River Valley, Meridian Idaho Dear Sonja: Phones: Area Code 208 OFFICE: Nampa 4667861 SHOP: Nampa 466-0663 This letter was requested on behalf of the Regency at River Valley Development to confirm they are currently and will continue to work with the District to work out the details of this proposal. This letter is not a final approval for this project. Final plans, agreements and conditions as to how District facilities will be affected still need to be worked out and approved. Nampa & Meridian Irrigation District is currently reviewing this project (located in Meridian Idaho known as the Regency at River Valley). This project affects two (2) NMID facilities; one is known as the Finch Lateral the other as the Stokesberry Lateral. The plans proposed to the District show encroachments along its Finch Lateral. Providing a License Agreement is signed between the property owners and NMID Board of Directors these encroachments should be acceptable. Page 1 of t APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 l Sonja Watters City of Meridian Planning &Zoning Dept. Regency@ River Valley 7 November 2011 Page 2 of 2 The Stokesberry Lateral is being proposed to be relocated. The easement for this lateral will move along with the relocation of the lateral. This also is still in the planning stage, but should be acceptable to the District provided all necessary requirements are met including a signed License Agreement with NMID Board approval. Both of these said agreements must be signed and presented to NMID Board of Directors prior to any construction on this project. If you or anyone at the City of Meridian should have any questions, please feel free to give me a call at 466-0663. Sincerely, Greg G. Curtis Water Superintendent Nampa & Meridian Irrigation District GGC/dbg C: A. Madsen, Crew Foreman File/Office Page 1 of 1 Sonya Watters From: Sonya Watters Sent: Tuesday, June 21, 2011 5:15 PM To: 'Greg Rindlisbacher';'randyr@bachhomes.net' Cc: 'Scott Stanfield'; Peter Friedman Subject: Regency at River Valley Hi Randy & Greg, Just to follow up on our phone conversation with Randy this afternoon.... ➢ The 1 s CZC will cover the entire site development plan w/building pad locations. Design review will be done for the entire site layout & all buildings with the 1 s CZC. ➢ The 2nd CZC will be for the clubhouse & associated parking. Installation of the street buffer along E. River Valley Street & Allys will be tied to occupancy of the first structure (clubhouse). ➢ The 3rd & subsequent CZC's will include the apartment structure(s) and associated required parking for that structure(s). (Garages are required to be approved with the CZC for the associated apartment structure or before if desired) A phasing plan should be submitted that shows the order for development of the site & boundaries of each phase. The phasing plan should include the parking areas & landscape buffers (if applicable) associated w/the structure(s) to be constructed within the specific phase. If you have any questions, please let me know. Thanks, sowva wafters Planning Department CITY OF MERIDIAN 33 E. Broadway Avenue, Ste. 210 Meridian, ID 83642 208-884-5533 phone/ 208-888-6854 fax 6/28/2011 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The applicant shall comply with all previous conditions of approval for this site (AZ -08-003; CUP -08-004; VAR -08-002; PS -08-004; and Development Agreement Instrument No. 108131099). 1.2 The sitellandscape plan depicted in Exhibit A.2, dated September 24, 2010, shall be revised as follows and included in the amended development agreement: a. Depict an emergency access only to Ally's Avenue as required by the Fire Department in accord with their standards. The access shall be gated until such time as Ally's is extended to the north and connects to Ustick Road. b. Correct the number of units shown on each of the buildings as they do not match the calculations submitted by the applicant included in Exhibit A5. Include detailed parking calculations (i.e. required spaces, provided spaces, covered spaces, l/ garage spaces, uncovered spaces). d. AThe covered parking spaces that are proposed over the sewer easement for the future sewer Jtrunk main shall be relocated on the site, preferably on either side of the parking for the clubhouse in front of Buildings A and H. Additionally, the entry feature shall not be located within the easement or replacement work area. e. Provide a minimum 5 -foot wide landscape buffer along the west property boundary adjacent to the driveway that abuts parcel #S1104234102 in accord with UDC 11-3B-8C.1a. The es buffer shall be planted with one tree per 35 linear feet and shrubs, lawn, or other vegetatie ri groundcover in accord with the standards listed in UDC 11 -3B -8C. Alternative Compliance in accord with UDC 11-5B-5 may be requested for the landscaping (trees) within the buffer if an easement exists or is proposed that prohibits planting of trees in this area. Le.The applicant shall comply with the specific use standards listed in UDC 11-4-3-27 for multi - family developments. The applicant shall submit a site plan that demonstrates compliance with these standards with the Certificate of Zoning Compliance application for the proposed use. 1.4 A temporary emergency access to the site shall be provided in accord with Fire Department standards via Eagle Road through a cross -access easement on the Great Wall property (Parcel #51104233802). Once Ally's Avenue is constructed north from River Valley and connects to Ustick Road, emergency access shall be solely provided from Allys Avenue and the emergency access to Eagle Road shall terminate. The access to Allvs shall be depicted on a revised site 1.5 Prior to commencement of the proposed use, the applicant shall be required to submit a Certificate of Zoning Compliance application to the Planning Department for this site that complies with the conditions contained herein. 1.6 No signs are approved with this application. The applicant shall submit a sign permit application in accord with the standards listed in UDC 11-31) for approval of any future signs on this site. 1.7 An amendment to the DA shall be approved by City Council and recorded prior to submittal of a ✓ Certificate of Zoning Compliance application for this site. The site/landscape plan included in the amended DA shall incorporate revisions to the plan as required above in condition of approval 1.2. 1.8Building materials for the clubhouse shall be consistent with those of the apartment buildings in Vaccord with the guidelines in the Design Manual. PAGE 15 1.9 The applicant shall have a maximum of 18 months to commence the use as permitted in accord ,,,/with the conditions of approval listed above. If the use has not begun within 18 months of approval, a time extension shall be requested in accord with UDC 11-513-61' prior to expiration. If a time extension is not requested or granted and the CUP expires, a new conditional use permit myst be obtained prior to commencement of the use. 1.10 Staffs failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 2. PUBLIC WORKS DEPARTMENT 2.1 The applicant will need to comply with the previously approved conditions of approval for AZ -08-003 for Regency at River Valley (Revised). 2.2 Public Works request's that no carports or entry features be directly located within the easement or replacement work area for the future sewer trunk main conditioned to be incorporated within this project. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 %:" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f Fire hydrants shall be placed 18" above finished grade to the center of the 4 %z" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 3.4 Provide signage ("No Parking Fire Lane") for all fire lanes at entrances in accordance with International Fire Code Sections 503.4 & D103.6. 3.5 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 3.6 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 104-21. 3.7 Commercial and office occupancies will require a fire -flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. PAGE 16 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing byvirtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 DEVELOPER: means and refers to Mason & Stanfield Inc., whose address is 314 Badiola Street, Caldwell, ID 83605, the party developing said Property and shall include any subsequent developer(s) of the Property. 3.3 OWNERS: means and refers to RAMI, LLC, whose address is 11650 South State Street, Suite 300,; MBR7, LLC, whose address is2689 West Bountiful Lane, Tucson, AZ 85742; Eagle Mesa, LLC whose address is 414 East 11400 South, Draper, UT 84020; Eagle Coulter, LLC, whose address is 414 East 11400 South, Draper, UT 84020; & iACOM, LLC, whose address is 12570 South 3600 West, Riverton, UT 84065, the parties that own said Property and shall include any subsequent owner(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re -zoned R-40 (High Density Residential District) and C -C (Community Business District) attached hereto and by this reference incorporated herein as if set forth at length. 4. . USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian City Code Section I1 -2-A and 11-2-B which are herein specified as follows: Construction ofa mull family residential development in theproposed R-40 zoning district on 10.56 acres. Theperthundprovisionsofthe City of Meridian Comprehensive Plan are applicable to this AZ 08-009 application. 42 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 3 OF 16 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Developer/Owner and/or Owner shall develop the Property in accordance with the following special conditions: �! A maximum of 204 multi -family residential units shall be allowed to be constructed on the site. Y,A minimum - 4,805 square foot clubhouse and 755 square foot cabana shall be constructed on the site, as proposed. At a minimum, amenities shall be constructed on the site as proposed on the site plan (i.e. clubhouse, water feature, swimming pool, walking trails, tot lot, gazebos, etc.). d. All multi -family structures shall comply with the architectural standards listed in UDC 11-4-3-27E. Structures shall be constructed on the site in accordance with the elevations attached in Exhibit A of the staff report. e. The site/structures shall comply with the Specific Use Standards listed in UDC 11-4-3-27 for multi -family developments. f. The applicant shall comply with the puking standards listed in UDC 11-3C-6 for multi -family developments as follows: for I bedroom units, there shall be two parking spaces with at least one in a covered carport or garage; and for units with more than one bedroom, 2 parking spaces shall be provided, both in covered carport or garage. No variance to this standard is granted. �enwncrshiip egally binding document shall be recorded that states the maintenance and responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features, per UDC 11-4-3-27G. h. Access to this site shall be provided from E. River Valley Road and an emergency only access shall be provided from Allys Way. Access to Eagle Road is prohibited. i. The applicant shall dedicate right-of-way and construct Allys Way in accordance with ACHD standards, in alignment with Allys Way north of the site, on the north side of Ustick Road, prior to release of occupancy of any structure on this site. ` The applicant shall construct (or have available) at least half the street section �.Y of E. River Valley Road (24 feet of pavement and 7 -foot wide sidewalk) in accordance with ACHD standards, prior to release of occupancy of any structure on this site. k. All existing buildings on the site shall be removed prior to release of building permits for this development. I. Twenty-six foot wide private streets shall be provided within the site in accordance with the standards listed in UDC 11-3F-4. in. A 20 -foot wide street buffer will be required along the future extension of E. River Valley Road, per UDC Table 11-2A-8. Landscaping shall be provided in said buffer in accordance with the standards listed in UDC 11 -3B -7C, DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 4 OF 16 d,andscape Buffers along Streets. IfNMID will not allow landscaping (i.e. ✓ trees,, within their easement jor the Downey Sublateral and if there is not sufficient room outside oftheeasementfor the street buffer, theapplicantshall provide an additional 5 -foot wide strip for landscaping outside of the NMID easement, per UDC 11 -3R -70b. n. the Downey Sublateral easement along the southern boundary of the site shall , /either be relocated so that structures do not encroach within the easement OR J, the structures shall be relocated outside of the easement, prior to submittal of the first Certificate of Zoning Compliance application for the parking and common areas. o. A20 -foot wide street buffer will be required along Allys Way, per UDC Table / 11-2A-8. Landscaping shall be provided in said buffer in accordance with the standards listed in UDC 11 -3B -7C, Landscape Buffers along Streets. p. Landscaping shall be provided on the site in accordance with the specific use standards for multi -family developments listed in UDC 11-4-3-27F. The applicant shall construct 6 -foot tall vinyl fencing along the west property boundary and 6-faottocha*irlinkfencin alongt notllrsZde9fthe property adjacent to the South ou de cte on a landscape plan Temporary construction fencing is re fired tb-� installed where permanent fencing is not proposed, around the residential portion of the site prior to issuance ofbuilding permits to contain debris during construction. Fencing shall be constructed in accordance with the standards listed in UDC 11-3A-7. OA minimum 5 -foot wide perimeter landscape buffer is required adjacent to parking and vehicular use areas along the north boundary of the site and adjacent to the existing residence on the west boundary of the site, per UDC 11- IT<3B-8C. Said buffer is required to be planted with one tree per 35 line feet and shrubs, lawn, or other vegetative ground cover. IfNMID will not allow trees within their easement for the South Slough, the applicant may apply for Alternative Compliance in accordance with UDC 11-5B-5. s�. A 10 -foot wide multi -use pathway and bridge over the South Stough shall be constructed on the site in accordance with the Parks Department conditions contained in Exhibit B and the standards in the Master Pathways Plan and UDC 11-3A-8. With the first CZC application, include mitigation details for the 9 existing �[ trees on the site, consisting of 120 caliper inches, proposed to be removed, in w compliance with UDC 11 3B-10. Contact Elroy Huff, City Arborist, 888-3579 for more details. u. The applicant shall submit a Certificate of Zoning Compliance (CZC) for ,/ approval of all of the parking and common areas on the site prior to submittal v of CZC's for structures. v. A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all of the proposed multi -family structures within this development. All structures must substantially comply with the building elevations submitted with this application (see Exhibit A), the architectural standards listed in UDC I1 -4-3-27E for multi -family developments, and DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 5 OF 16 - conditions of approval and DA provisions listed in Exhibit B of this report. NOTE. A CZC application may include multiple/all multi -family structures within the development. w. A Certificate of Zoning Compliance is required prior to issuance of abuilding permit for the commercial portion of the development. Because the commercial portion of the property is located adjacent to an entryway corridor (Eagle Road), the future structure(s) and site shall be subject to the design standards listed in UDC 11 -3A -19C. x. Development of the C -C zoned portion of the site shall not occur until such time as access is provided to/from E. River Valley Road or some other ��firontagelbackage street; direct lot access to Eagle Road is prohibited. y y. )k backage road shall be constructed on the east side of the C -C zoned portion of the site and a cross-access/ingress-egress easement shall be provided to the properties to the north and south for ap extension of the backage road and future access to E. River Valley Roadcopy of said cross-access/ingress- egress easement shall be provided to the Planning Departmemprior to issuance of the issuance of a certificate of zoning compliance application for the first multi -family building-) z. The City will not approve the ordinance for annexation of the requested parcel until one of three contingencies occurs: 1) The CenterCal North Parcel&a the Kleiner North Parcel DA is signed and the annexation ordinance is approved. 2) The ROW for River Valley Street is dedicated to ACHD with access to Eagle Road. 3) The ROW for Alleys Way/Records Road is dedicated to ACHD with access to Fairview Avenue or Ustick Road. This would allow temporary use of the eastern emergency access until such time as River Valley Street is constructed. Nate: The City does not guarantee that any ofthese conditions may occur within the one-year timeframe ofthe DA approval. These conditions may be modified through the DA modification process. 6. COMPLIANCE PERIOD/CONSENT TO REZONE:This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Developer and/or Owner or Developers and/or Owners heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property' of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and heating procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT (AZ 08-004 REGENCY AT RIVER VALLEY) PAGE 6 OF 16 Exhibit A.5 - Table Showing Unit Mix of Apartments Qptalda wall£ S.F. Unit S.f. Deck / palls S.F. Breezeway. S.F. Storage Closet S.F. Total S.F. The Regency at River Valley Unit Mix - 3 Bad 2Bed S Non -Executive 2Be4M_ SBed S IBed M 2Bad Ex.S Executive 1Bed Ex.5 1 g Ex.M 3197 107.4 931 5% 732 1089 821 791 16 7% _ 10% B 3% 1162 993 907 707 1071 783. 77769 69 67 d778 67 84 84 31 134 134 134 134 136 136 136 10 ]0 l0 0 10 0 0 1375 1211 ills 908 1301 1013 994 246244 3 Bed S 2 Bed S 2 Bed M I Bad $ 1 Bed M 2 Bed Ex, S 3 Bed Ex S 1Bed Ex.M 36 15% 15% 100 42% 47% 12 Sy 32 13% 18% 12 5% 24 10% 10% 16 7% _ 10% B 3% 340 lao% 100% Total Beds 15% 36 Total Bad$ 57%b24 Tdtall Bed, 18%IDO%Total Ex. 20%Total Non -Ex. 80% PAGE 14 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The applicant shall comply with all previous conditions of approval for this site (AZ -08-003; CUP -08-004; VAR -08-002; PS -08-004; and Development Agreement Instrument No. 108131099). 1.2 The site/landscape plan depicted in Exhibit A.2, dated September 24, 2010, shall be revised as follows and included in the amended development agreement: a. Depict an emergency access only to Ally's Avenue as required by the Fire Department in accord with their standards. The access shall be gated until such time as Ally's is extended to the north and connects to Ustick Road. b. Correct the number of units shown on each of the buildings as they do not match the calculations submitted by the applicant included in Exhibit A5. c. Include detailed parking calculations (i.e. required spaces, provided spaces, covered spaces, garage spaces, uncovered spaces). d. The covered parking spaces that are proposed over the sewer easement for the future sewer trunk main shall be relocated on the site, preferably on either side of the parking for the clubhouse in front of Buildings A and H. Additionally, the entry feature shall not be located within the easement or replacement work area. e. Provide a minimum 5 -foot wide landscape buffer along the west property boundary adjacent to the driveway that abuts parcel AS 1104234102 in accord with UDC 11 -3B -8C.1 a. The buffer shall be planted with one tree per 35 linear feet and shrubs, lawn, or other vegetative groundcover irraccord with the standards listed in UDC 11-313-8C. Alternative Compliance in accord with UDC 11-5B-5 may be requested for the landscaping (trees) within the buffer if an easement exists or is proposed that prohibits planting of trees in this area. 11 3 The applicant shall comply with the specific use standards listed in UDC 11-4-3-27 for multi- �Jfamily developments. The applicant shall submit a site plan that demonstrates compliance with these standards with the Certificate of Zoning Compliance application for the proposed use. 1.4 A temporary emergency access to the site shall be provided in accord with Fire Department standards via Eagle Road through a cross -access easement on the Great Wall property (Parcel �#Sl 104233 802). Once Ally's Avenue is constructed north from River Valley and connects to Ustick Road, emergency access shall be solely provided from Allys Avenue and the emergency access to Eagle Road shall terminate. The access to Allvs shall be depicted on a revised site plan submitted with the Certificate of Zoning Compliance application. 1.5 Prior to commencement of the proposed use, the applicant shall be required to submit a ificate of Zoning Compliance application to the Planning Department for this site that C_ --complies with the conditions contained herein. 1.6 No signs are approved with this application. The applicant shall submit a sign permit application m accord with the standards listed in UDC 11-3D for approval of any future signs on this site. 1.7 An amendment to the DA shall be approved by City Council and recorded prior to submittal of a Certificate of Zoning Compliance a plication for this site. The site/ Inc u e 1n the amen e s a incorporate revisions to t e plan as required above in condition of approval 1.2. 1.8 Building materials for the clubhouse shall be consistent with those of the apartment buildings in accord with the guidelines in the Design Manual. PAGE 15 1.9 The applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the use has not begun within 18 months of approval, a time extension shall be requested in accord with UDC 11-513-617 prior to expiration. If a time extension is not requested or granted and the CUP expires, a new conditional use permit must be obtained prior to commencement of the use. 1.10 Staff s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 2. PUBLIC WORKS DEPARTMENT 2.1 The applicant will need to comply with the previously approved conditions of approval for AZ -08-003 for Regency at River Valley (Revised). 2.2 Public Works request's that no carports or entry features be directly located within the easement or replacement work area for the future sewer trunk main conditioned to be incorporated within this project. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 '/z" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 %" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 3.4 Provide signage ("No Parking Fire Lane") for all fire lanes at entrances in accordance with International Fire Code Sections 503.4 & D103.6. 3.5 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 3.6 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 3.7 Commercial and office occupancies will require a fire -flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. PAGE 16 AMENDMENT TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. RAMI LLC, Owner 3. Greg Rindlisbacher, Bach Investments, LLC, Developer THIS AMENDMENT TO DEVELOPMENT AGREEMENT is dated this day of 2010, (AMENDMENT), by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho (CITY), and RAMI LLC (OWNER) whose address is 11650 South State Street, Ste. 300, Draper, UT 84020 and Greg Rindlisbacher, Bach Investments, LLC, whose address is 11650 South State Street, Ste. 300, Draper, UT 84020 RECITALS A. CITY and OWNER/DEVELOPER entered into that certain DEVELOPMENT AGREEMENT recorded on December 9, 2008 as Instrument # 108131099, on real property more particularly described in the Agreement. B. CITY and OWNER/DEVELOPER entered into an Amendment to Development Agreement on February 23, 2011 as instrument #111022580, however the Conditions listed as amended were incorrect. C. CITY and OWNER/DEVELOPER now desire to rescind the Amendment to Development Agreement dated February 23, 2011 amend the original Development Agreement to include building elevations for the project as a condition of approval of the recently approved time extension as approved by the Meridian City Council on October 26, 2010. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended as follows: SECTION 5 CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: a. A maximum of 240 multi -family residential units shall be allowed to be constructed on the site. b. A minimum 4,536 square foot clubhouse shall be constructed on the site, as proposed. AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 10-008) REGENCY AT RIVER VALLEY - PAGE 1 OF 8 C c. Al a minimum, amenities shall be constructed on the site as proposed on the site plan (i.e. clubhouse, entry feature (bronze statue), swimming pool, hot tub, walking trails, tot lot, gazebos, etc.). d. All multi -family structures shall comply with the architectural standards listed in UDC 11-4-3- 27E and the Meridian Design Manual. Structures shall be constructed on the site in accordance with the elevations attached in Exhibit A of the staff report dated 10/5/10. Building materials for the clubhouse shall be consistent with those of the apartment buildings. e.The site/structures shall comply with the Specific Use Standards listed in UDC 11-4-3-27 for multi -family developments and the Meridian Design Manual. A variance (VAR -08-002) to UDC Table 11-3C-6 was approved for a reduction in a numberof covered rking spaces required to be provided for this development from 360 to With the increase in the number of dwelling units proposed, the revise site Ian de icts 331 red parking spaces I a, a minimum o covered parking spaces shall be provided nine site. h.Access to this site shall be provided from E. River Valley Road and an emergency only access shall be provided from Ally's Avenue. A temporary emergency access only is allowed via Eagle Road until such time as Ally's Avenue is extended to the north and connects to Ustick Road. At such time, emergency access from Eagle Road shall terminate and emergency access shall be provided via Ally's Avenue. i. The applicant shall dedicate right-of-way and construct Ally's Avenue in accordance with ACHD standards, in alignment with Ally's Avenue north of the site, prior to release of occupancy of any structure on this site. he applicant shall construct 6 -foot tall vinyl fencing along the west Drooertv boundary as epicted on the landscape plan. Temporary construction fencing is required to be installed where permanent fencing is not proposed, around the residential portion of the site prior to issuance of building permits to contain debris during construction. Fencing shall be constructed in accordance with the standards listed in UDC 11-3A-7. 10 -foot wide multi -use pathway over the South Slough shall be constructed on the site in accordance with the Parks Department conditions contained in Exhibit B of the original Findings of Fact and Conclusions of Law dated 6/23108 and the standards in the Master Pathways Plan and UDC 11-3A-8. v. A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all of the proposed multi -family structures within this development. All structures must substantially comply with the building elevations submitted with the application, the architectural standards listed in UDC 11-4-3-27E for multi -family developments, the conditions of approval, and the Meridian Design panua�--- -------------------- _____-- w. A Certificate of Zoning Compliance is required prior to issuance of a building permit for the commercial portion of the development. Because the commercial portion of the property is located adjacent to an entryway corridor (Eagle Road), the future structure(s) and site shall be subject to the design standards listed in UDC 11 -3A -19C and the Meridian Design Manual. AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 10-008) REGENCY AT RIVER VALLEY - PAGE 2 OF 8 Comment [C11: Add last sentence as follows, "Note: A CZC application may include mulliplelaa mulli-family smuctuses within the development. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation of the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this amendment to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This amendment shall be binding upon and insure to the benefit ofthe parties'respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This amendment shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this amendment if City, in its sole and reasonable discretion, bad determined that Owner/Developer has fully performed its obligations under this amendment. 4. If any provision of this amendment is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this amendment and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This amendment sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, either oral or written, express or implied, between Owner/ Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this amendment shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This amendment shall be effective as of the date herein above written. AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 10-008) REGENCY AT RIVER VALLEY - PAGE 3 OF 8 Sae As «At owrrfrmt & Advisors) C. Inc. APARTMENT MANAOEMEN'f SPECIALISTS fRUT'ER,TX MANAGEMENT AGREEMENT This Agreement is roads nn this 4th day oP S otemeber 20Y1 by and botw�uThe Iteaencv at 1llver'4aUev Tnarlure a Camarua a L1 C (hereinafter referred to ss oowNEW) and Hach Asset Managemoot & Advisors, LLC. (hereinafter refefrcd to as "MANAGEMENT COMPANY AND/ORAGENT ), Who mutually agree as follows; SECTION I - APPOWCMENT AND ACCEPTANCE OF MANAGEMENT COMPANY Ll Arnmintm"Lwid Acrmrtaoae fha Owaerheraby appoints management company, commencing to be estimated Summer of2012 (as soon as clubhouse and firstbuildingamavailable for ieasing).rasOwaer'sexclosivemeeaghtgageattiorent lease, operate and manage on behalf of the Owner the property described in Peragtapb 1.2 ofthis agreement Cfwfterly'),and the Mauagemeut Company accoos appointment subjeatto towns and conditions set forth in the AgreemurL 12 Dascrloticn orP Ui e5 Tho piopoMto be. managed by thentmaWment company under this agreernemis aresidentiai apmtmeatcomplex described as follows: The Regency at River Valley Apartment Community 3400 East River Volley Street Meridian, Idaho 83646 (249 DwcOiug Units and including 'my additional units) 1.3 Tett of Aa<eemeni The term of this Agreement shall be for an initial period of flve (5) year beginning is estimated to be Summer of 2912 (as soon as clubhouse and fust building am available for leasing). Thereafter Agreement automt1ce1yteueain indfocndeffecunlessaiaparty laeie ieetshall ro ivlattagoment tumble* sixty (69) days after receipt ofsuchnotice, providing all moneys advanced byorawin Compaay, shall have been paid infu9. SVICTION 2 N AUTHORTTY AND RESPONSIBILITY OF MANAGEMENT COMPANY Management Company shall be responsible to manage and operate the property as Owners exclusive representative, and Owner shall give 1,Unageotertt Compaay the following autharity and powers (all or any of winch may be exercised in the name of tate owner) and agrees to assume all appeases in a umeeticnthetewiLh' Owner's Initis ' Dote �7 1% AgeorsInitials Data l/ pRGPERTY MANAGEMENT AGREEMMT THE REGENCY AT RIVER VALLEY APARTMENT COMMUNITY Meridian, Idaho 63646 Page 2 2.1 collection of pouts Management Company shall diligently enforce the golladion ofrents, charges and other amounts receivable on Owner's account is conneeiion with the mmuagemeatand operation oftho7kopertY, and in accordance with the term of tenants' lases, 2.2 S urity 1200s 1s Management Company sl I collect, deposit and disburse tenAols'security deposits in accordance with die terms of each tenant's lease and comply, ort the Owner's behalf with all applicable state or local laws concerning the Management Company's responsibility for security deposits. 2,3 RantinEofVmatUnits Management Company shall diligently attempt to rent all vacant apartment units. 2A 13ai Accounts and Deuosita 'rhe varioasbank accounra established under suis Agreement shall at all times be established and controlled by the Management Company for the honefit of Owner. No amounts deposited In any amounts established antler this Agreement shall In any event be commingled with any other Management Company lards. Management Company shall establish and maintain an Operating and/or Reserve Accomn(s) for the deposit Of receipts enacted on the ownees behalf during the normal course of management of Property. Suchaccount(s) shall be with a bank or similar institution whose deposits are insured by the federal govenmtent• Such depository shall be mumallY selected by the Owner and Management Company. lards in the Operating andlor Reserve Account(s)remain the property of Owner, subject to disbursement of expenses by Management Company as described in this Agreement Management Company shall not be held liable in the overt of ben]Quptey or failure ofarty dePgsihrry chosen, 2.5 PaMo t of Debt6erutcine 1'rnnerty Taxol and n utance Managemmt Company shall promptly pay from the Operating amllorReseivo Accounts) all loanindebtodness, property and employees' faxes, special assessments andproperty hraurance in acenrdance with the inshuotions of the Owner. 16 Q4111koxmm prom the Op" and/or Reserve Acenun(s), Management Company shall payor reimburse itself for all oxpensesan raise operating the property, providedthatallnon-reenrringDxTeoses,whichuxceed 2,500,Ot1 per occur ere pproved by/the �Owner. Owner's lamb Date / Agent's Initials Date PRGp,ERTyMANAGEtvIFsNT AGRBEMRNf TIM REGENCY AT RIVER VALLEY APARTMENT COMivlt7Wry Nteridiam l()aho 93646 Pap 3 2,7QO Contin .no lee ery Management Company shall maintain in the Operating and/or Reserve Accnunt(s) an operating reserve of Twenty-fiveTtiousand Dollars ($25,000.o0) or so directed and / or so agreed upon by owner(s). 2.9 N—PLEroc end To the extent that funds are available after payment of all current expenses and maintaining the cash contingency reserves specified in Paragraph 2.7, Management Company shall tranmrtit excess fends to Owner on a monthly basis as per the instructions of Ownct. 2.9 Nessus god Lena ua WMIAciivi+es ManagementComparrysiiall be responsible, and is hereby authotind by Owner, to advertise the availability of the premises or any part thereof,, and to display signs thereon; to sign, renew or meet leases fortbepromises or any,part thereof, collect rents or other charges and expenses due, and give receipts thereof, to terminate tenancies and to sign and serve in the name of the Management Company such notices as are appropriate thereto; to institute and prosecute sarongs to evict tenants and to rewover possession of said promises in the name oftbe Management Company and recover rents and other sums due; and when expedient, to settle, rwmPrOmise and release such actions or suits or reinstate such tenancies' Any lease -executed for the Owner by Ute-Managoomt Company sbell not exceed a term of thirteen (13) months. Owner and Management CompanY shall mutually Woo'upoo the form of the lease. 2.10MR10-9enanc0and ROM ManaotCompamystWi ba responsible and is herebY authoriYAd by Owner,tn make or cuusa to be made agemall ordinary repairs and replacements necessary to preserve the property is its present condition and for the operating efficiency thereof, and all alterations required to comply vnth lease requirements, to do decoration on tate promises; bo negotiate contracts for non-recurring items not exceeding $2,500.00; to annT into agreements for all necessary repairs, maintenance, Minor aheraio is and utility servicas; and to purchase supplies and pay all bills. Management Company shall secure the approval of Owner for any alterations or expenditures In excess of $2,500.00 for any one (1) item, except monthly or roomring operating charges and emergency repairs of excess of the maximum, if, on the opinion of the Mauagemant Company, Web repairs are neoessmy to protoot the property from damage or to maintain services to tits tenants as called for by their ticuuncy. owner's lnitiais nate 4 1) Agent's Tnidals — Date. % // PROPGRTY MANAGEMENT AGREEMENT - TeE REGENCY Nr RIVER VALLEY ArARTMENT COMMUNITY Merldion, Idaho 83646 Pago 4 2,11 On•s' ".arsUMeP—IEWjovees Allan -site mauagementemployees (including, but not ttmitod to, resident manager or assistant; lessingagentand maintenance and gardening personnel) shall be employees Of Owner- However, Management Company shall be responsible on behalf of the Owner for compi'tance with all applicable state and federal labor laws, Management Company shall hire. maintenance of property. Manag any such employees of labor if le Of Management Company shallmaiwtain at all times during the term o€the Agreement, worker's compensation and omploye?s liability insurance covering all on -sirs employee& at ibnils no less than any applicable statutory requiroments, Owner shalt bear due cost of such insurance coverage as to all employees working regular or temporary at the Property and Management Company shall bear the cost of such basurenue coverage as to all employees of Management Company. All wages and fringe benefits payable to on-site employees, and all local, state and federal taxes and assessments (including but not limited to 9aeiel Security taxes, unemployment insurance and worker's compensation hansance) incident to the employment of such persomet, &ball tie paid by Management Company ant of` the a �,, ,..ruga t shall he Treated as of aUng� penaes, Manallemeut Company shall not be liate. s such � mpensadan. be liable to suchh employees for their wages or co SECTION 3-p.ESPONSMII ITM OF OWNER 3.1 DowMVI s eWANgrus Owner shatlpromptly furnish Management Company with all documents and records affecting the managementof the Propedty including, but not limited to, all leases, lease amendments, correspondence, molds of rental payments and mortgage loan information and payment instructions, service contracts and inauraace policies. 3.2 Imufficicot Crib Cantinaencv Reserves in dee event that the balance in the Operating and/or Resave Aeoount(s) is at any time insufficient to JsOfnc operatingonensas,debtacrvics,etc_wlieu�dueandi�ayallin Owner ll, within five (5) working dw andtoreaienish tiaordfndeaoyres' 3.3 luffulaRge owner shall proctus and maintain, or at the request and at the expense of Owner, Mnnagement Company $ball preeom and maintain, at all Ihnes during the term of this Agreement, fire, liability, workers compensation or any Other insurance nece or the Owners protection, with Management COmpsay named as co-insured on all Owner's Initials Dato_ �q II AgenPslnitials P.Date PROPERTY MANAGEMENT AGREEMENT THE REGENCY AT RIM V ALLIiY APARTMENT COMMUNITY Meridian, Idaho 83646 ?ago 5 policies, with responsible insurance companies. Premium payments for thefuregoing herutance oovorage shall be paid from the Operating and/or Reserve Account(s), 3;4 lndemn�catlon Owner shell indemnify and save Management Company harmless from any and all costa, ertpenses, attomeyfoes, suits, liabilities, damages or claim for damages including, but not limited to those arising out of any injury or death to any person or persons or damage to any property of any kind whatsoever and to whomever belonging: Including Owner, In any way related to the management of the premises by the Management Company or the perfarmsnca orezercise of any orthe duties, obligations, powers oreutherities herein orhereaA%r grantodto the Management Company. 3.5 Leeal gees Owner ahali pay all cspensea incum4 by Management Company hioluding, butnot limited to, reasonable aitomey's thea and Mansgernwit Company s costs and time in connection with any claim, Proceeding, or suit involving an alleged vioiatimu by the Management Company or tete Owner, or both, or any law pertaining to theircroployment, credit reporting, environmental protection, rent control taxes or fair housing, Including, but not limited to any law prohibiting or making illegal, discrimination on the basis of race, ser, creed, color, religion, national origin or mental or physical handicap, provided, however, that the Owner Ghali not be responsible if the Management Company is finally adjudicated to have personally, and not in representative capacity, violated any such law. Nothing eootained herein shall obligate the Management Company to employ counsel to represent the owner In any such prodding or suit sCCTION 4 - BOOKEIRPING AND MONTHLY REPORTING 4.1 &uokkcetiing Management Company shall maintain books of accoutres of an receipts and disbursements incurred in the management and operation of the Property which shall, at all times, be open to Owner's inspection upon reasonable notice. All bookkeeping shall be conducted using costs basis accounting methods. 4.2 MQAIA Rotso 1� Management Company shall deliver to Owner, within fifteen (15) days alter this end of asci calendar month, a monthly statement ofracaipts, disbursements and charges regarding the operation ofthe Property, This detailed cash operating statement shell show the results of operation of the property for such mouth and year to date, Owner's Wilms bate ` i1 AganCsInitials I}apa_—f PROPERTY MANAGEMENT AORUMENT THERFG NCY AT RIVER VALLEY APARTMENT COMMUNITY Meridian, Idaho 83646 Pago 6 In addition to the above cash operating statement, Management Ccmpany $bell Banish her from time to time of not limited to, balance sheet, tenant proftle analysis, listing of capital improvamertt$6 y as reasonably requested by the Owner, The Owner and Management Compsgy shall mutually agree upon the fon stfor the above reports. 4.3 ArrnuaJ B_ udeot Managamem Company shall submitto Owoerat leastsixty (60) days prlortothe beginning ofeach calendaryear, an annual budgetwhicb shall include, among Vater things, detailed projection of occupancy Tates, rental ineome, totaloperating income, operating expenses, repairs and replacements, capital imuovomwits, netcparating income, eto. prior to commencement of the calendar year, Owner shall review with Management Company the above annual budget, Once the annual budget ismutuallY agreOdul?011, Owe"mostaPProve nay substantial variation from the budget. SECTION 3 - FIDELITY BOND 3.1 Fidelity Bond Management Company shall cause all personnel wlio handle or aeresponiblefm' bo aelekeepingofeny money$ of Owner to be covered by a fidelity bond in an amount, and with a company, mutually determined by Management Company and Owner. Such bond shall be secured at Owuer'e expense. If a fidelity bond caamot be obtained, an attest and conviction bond shall be obtained at Owner's option and expense. Owner sball hold Management Company harmless from nay loss or damages by such personhol if no such bond can be Obtained., SECTION 6 - MANAGEMENT CO MYANY'S COMTENSAT10N 6,1 +jirlmrnnetnar$Fae A fee of 5%oribe montbly gross receipts from the operation of the I'mpertysballbepaidmonthlyto Management Company from the Operating, and/or Reserve Aecoum(s). Gross receipts are all amounts received from the operation of the premises including, but not limited to rents, parking Peas, laundry income, cleaning fees, forfeited deposits and late fees. Owner's initis 0 Date I �l AgonVs Initials _kDam 9/' �// pROPERTY MANAGEMENT AGREEMENT THE REGENCY AT RIVER VALLEY APARTMENT COMMUNITY Meridien, Idaho 83646 Page 7 6.2 Lwa11 pxart� Marragemotn Company shall Process payroll for eaob payroll period and report to local, slaw and federal ageooles as required, Management Company shall be responsible for in employ 9timcly deposits of all taxes due or withheld Management Company shall be responsible for filing quarterly and annual agency reporls as required Management Company shall receive a fee fir this service of the greater of 3% of the total payroll liability, including employer tartar, or $35 per payroll period. 6.3 xtraar 1na7.Y Serviccw In the event that the Owner shall request the Management Company to undertake work exceeding thatttalnef to normal management services, then also shall be agreed uponfor such services bofore the work begins. Normal management does not include refinancing, fire restoration, mrdor rehabilitation; obtaining income tax advice, presenting petitions to planning orzoaingcommiff6ft, advising onpropoaed now construction or other counseling. SECTION 7 - REPRESENTATION AND WARRANTIES 17A Renraaentatlou ant(W ins Management Company does not assume and is given no responsibility for compliance of any building on the premise or any equipment therein with the requirement of any statute, ordinance, law or regulation of any governmental body or any public authority or ofi%ial thereof having jurisdicdon, except to notify the Owner promptly or forward to the Owner promptly, any complaints,wantings,unticeswmnnmonotr ivedbyitrelating to such matters, sWTION 0 - TEJUdINATION RIGHTS s 1inat' If any one of the following events of termination shall happen, than Owner shall have the right to terminate this Agreement upon ten (10) days written notice to Management Company given at any time after the :grace period applicable thereto, and thereuponxhis Agreement shall terminate upon the expiration of such ten (1 0) day period. Owner's Int' Data— L Agout's Initials Data `��� PROpERTY MANA09MLTNTAGREEMENT THE REGENCY AT RIVER VALLEY APARTMENT COIiZMUNfCY Meridian, Idaho 83646 `page 8 A) Managemant Company mil fail to keep; observe of peaf m any mete ial covenant agreement orprovision of this Agreement to be kept observed or performed by Management Company and such default shall continue for a period of thirty (30) day a1#ar written notice of owner, provided that if either the event of condition causing default shall be deemed to have occurred if within such thirty (30) day period Management Company shall have commenced the curing of such default and thwealler shall proceed with allreasonable diligence to complete the same; S) If Management company shall be dissolved for any reason whatsoever; C) If owner shall sell or otherwise dispose of thew interest fn all or substantially all, of the Property, or, D) if Management Company shall apply for ar consent to the appointment of a receiver, busted, or ilquidatorof Management Company or of all of a substantial part of its assets, file a voluntary' petitiou inbardcsttptoy aradeait _. _ y_._—_,.__....wa...r..ee:�r r" ttn hmefit ofereditora_ file a. petition or an gnawer seeking renrgenlzaltoa or arrangement law, or file mid answer admitting the material allegation of a petition flied against Management Company In any bsnlmtpWY, marganirmion or insolvency proccedinA or in an cider, judgmentor deer" which may be entered by any court of competent jurisdiction, on the application of a creditor adjudicating Management Company as bankrupt or insolvent or approving a petition seeking reorganization of Manegemeut Company or appointing a receiver, trustee; liquidation of Management company or of all or asubstantial part of the assets of Management Company, and such order, judgment or decree shall continue unslayed and in effect for say period of sixty (60) consecutive days, 8.2 Tg,Zninatien Rrahtomanaaemen[ Cr ij= If any of the following events shalt happen, then Management Company shall have the right to terminale this W Owner given any time after the gmeo period applicable W any Agreement upon fen (C 0) days written nulice such event sod iiteroupon tins Agreement shall terminate upon the explrstioa of such ten (30) day period: A) Owner shall fail to provide funds to be deposited in the Operating and/or Reserve Accounts) and such failure shall continue for a period of cert (10) clays after written notice by Management Companyy retiaettinp that such funds be so provided; H) owner sball fail W keep, observe or perform any material coveru,ot agreement terra or provision of this Agreement to be kept observed or performed by owner and such default shall continue for a period ofthirty (3 0) days siterwritten notice thereof by Manager to Owner, C) If owner shall be dissolved or liquidated for any reason wbatsoever, owner's Io9tl Dale ^ � Agent's Initials — Dat, �ylir PROPERTY MANAGEMENT AGREEMENT THE REGENCY AT RIVER VALLEY APARTMENT COMMUNITY Meridlan; ldabo 63646 Page 9 D) if Owner shall apply for or corisemw the appointment of a receiver, trustee, or liquidator of Owner or of all or a substantial part ofits assets, file a voluntetypotifirmin beulwptcy of admit in writing us inabilityto pay its debts as they come due, make s gonna assignment for the benefit of creditors, Gla a petition or an answer seeking reorganisation or arrangementwith creditors or to take advantage of insolvency law, or file and answer adrnitting the material allegation of a petition filed against Owner in any bankruptcy, reorganisation or insolvency pmacedings, or is an order, judgment or decree which may be entered by any court ofcompetentjorisdiction, on the application of a creditor adjudicating Owner as bankrupt or insolvent or approving a petition seeking reorganization of owner or appointing a receiver, trustee, liquidation ofowner or ofall ora substantial partof0te assets of owner, andsuch order judgment or decree sball cmfmreunstayed and in effectfor any period of sixty (60) consecutive days. 8,3 Surrender of Owner's Records Management Company shall surrender to Owner the records and docutnanto in Management Company's possession relating to file management of the Property within five (�) days of either the expiration or termination of this Agreement SECTION 9 NOTIFICATION 9,1 Lo-Wft&Addrasa All notices, demands; consents the other party atthe address se specify in writing; Ownyx: 9.2 Matitod oL 'A ado or at Such i writing and shall be given to parties hmtomay hereafter The Regency tut River Valley Apartment Community 1100 South State Street, Suite 300 Draper, Utah 84020 Hach Asset Management & Advisors, LLC, 11650 South State Street, Saito 900 Draper, Utah 84020 Such notice or other communication may bewailed by United States mail, postage prepaid, or by a responsible overnight delivery service, such as Federal Express. ifmailed, thea suchuotiee or other communication shall be deemed to have been received by the addressee on the third day following the date of such mailing; If sent overnight delivery service, then suchnotisorcommunicationshallbedeemedtohavebeearecclvedonthonext day following the o such sending. e� owneesWtials Date AgooVs initials Date PROPER"T"Y MANAGEMENT AGREEMENT THE REGENCY AT RIVER VALLEY APARTMENT COMMUNITY Meridian, Idaho 53646 Page 10 Such notiow, dernands, consents and reports may also be delivered by hand, or by any other methad or means pera trod by law: SECTION 10 GENERAL PROVISIONS I0.1 Bindiag ABind'grrstneat This Agreement shalt be binding, and shall inure to the beaefit of the successors of BACH ASSET MANAGEMENT &ADVISORS, LLC, and the hers, administrators, executors,suecessorsand assignsoflhe Owner. 100 PrevailingFarty in the event a lawsuit is instituted to enibme theterms of this Agreement, the prevailing party therein shall be entitled to reasonable attarneys fees and cases: 103 InvaiidProvisious Anyprovision of the Property ManagementAgreement which shall prove to be invalid, void or illegal in no way eiieots, impairs or invalidates any other provision hereof and such provision shall remain in full force and affect: I0A Enforcement gfAereemeat This Agreement, its interpretation, performance end anforeerneot and Ute rights and remedies ofthe parties herew, shall bo governed and eouauaod by and in aeaordauuce with the low of the State of Utah THE PARTIES ACKNOWLEDGE HAVING READ THE FOREGOING PRIOR TO EXECUTION Raba: �{ h Management Compaq: BACI4 ASSET MANAGEMENT & ADVISORS, LLC By: ' Title: f 6ge— Data: owner°a: Initials Date_ Agent's lnlilals, ,_ 1(f!h! ., Dote //W (:�E IDIS IANC-- IDAHO / 33 E. Broadway Ave. • Meridian, Idaho 83642 208/888-4433 Date Applicant ;q�? c -j IPZIAQ,17 1.161 . 2,L Z Address C.'l. ,1.. ( C A , a- k Phone CHECK # / NAME ON CHECK IF DIFFERENT THAN APPLICANT nn,E QUAN DESCRIPTION • Z13 I c- I I I I I I I I I TAX I _ TOTAL s PAYMENT DOES NOT INDICATE ACCEPTANCE OF APPLICATION 21 ss G Received' . %� _, ssym fi�ffi W-1 ±� (full � < t + � � f / ( £ � \ . x 777;7 : (full a + � M �Ai4�E IDIAN 1t>Altu Planning Department PROJECT REVIEW UDC Site Design Compliance 4 1.1 Verify legal parcel ✓ 1.2 Review allowed use �" Vfi - 4m ✓ 1.3 Review district set back and dimensional standards �- ✓ 1.4 Identify an existingstructures and/or easements ir+ a ru.l [aftmPwl' 1.5 Check histo GIS layer for past entitlements ✓ 3.1 Sections 4, 5, 9 and 10 applicable for all Projects 3.2 If private streets are proposed section 6 applies (Chapter 3 Article F PS 3.3 Ifo ens ace is required per Chapter 4, 6 or 7, section 7 applies (chapter 3 Article G v 3.4 If located along a State Highway, section 8 applies (Chapter 3 Article H 3.4 Check floodplain GIS layer, review standards in Title 10 Chapter 6, and coordinate with PW MEW 4.1 Access to Streets 4.2 Bikeways 4.3 Ditches, Laterals, Canals or Drainage Courses t•,t ✓. 4.4 Fences 4.5 Pathways ✓ 4.6 Natural Features — 4.7Outdoor Lighting 4.8 Outdoor Service and Equipment Areas 4.9 Outdoor Speaker System 4.10 Outdoor Storage as an Accessory Use 4.11 Pressurized Irrigation Systems 4.12 Self -Service Uses 4.13 Sidewalks and Parkways ✓ 4.14 Storm Drainage 4.15 Structure and Site Design Standards 4.16 Utilities 5.1 Determine if standards are listed for 5.2 Aouly standards use 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.inerldiancity.org 1214/08) 7.1 Determine req 7.2 Qualified opei 7.3 Quality of life 7.4 Recreation am 7.5 Pedestrian or 1 7.6 Multi -modal f 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Websitc: www.meridiancity.org 512012011 l �E BDAI-!i3 Planning Department CERTIFICATE OF ZONING COMPLIANCE Application Checklist Project name: TM ReAeftFile A licantta ent: 5 sie AW All applications are required to contain one copy of the following unless otherwise noted: Applicant � - - Description Staff (�) Completed & signed Administrative Review Application Narrative fully describing the proposed use of the property, including the following: / ➢ Information on any previous approvals or requirements for the requested use Y (i.e., applicable conditions of approval or DevelopmentAgreement) Recorded warranty deed for the subject property . / Affidavit of Legal Interest signed & notarized by the property owner (if owner is a corporation, ` 1 1" Y submit a co of the Articles of Incorporation or other evidence to show that the ersonsi in isanaulhorirCdagent-) Written confirmation that a traffic impact study or change of use is not required and/or has been submitted for review to ACRD. Please contact Mindi Wallace at 387-6178 or Christy Little at 387-6144 for more information. TY t. ! u W2f Co:x +,r 14 'Zaf Scaled vicinity ma showing the location of the subject property ,q Fire Marshall approval for access and tum around (stamped, full size site plan) Sanitary Service Company approval for trash enclosure & access drive (stamped, full size site 5 Plan) $ Civil Site/Dimension Plan —1 full size copy (folded to 8'/2" x 11" size) A photometric test report for any light fixture(s) with a maximum output of 1,800 lumens or more (see UDC 11-3A-11) - Copy of the recorded plat the property lies within (8'/2" x 11 ") Address verification letter from Development Services (887-2211) - --" Site Plan—*1 copy (folded to 8'/2" x 11" size) 5 The following items must be shown on the siteplan: $ • Date, scale, north arrow, and project name (scale not less than 1"=50') - • Names, addresses, and telephone numbers of the developer and the person and/or S firm preparingthe plan $ • Parking stalls and drive aisles $ Trash enclosure(s) location S • Detail of trash enclosure (must be screened on 3 sides) - $ • Location and specifications for underground irrigation (pressurized irrigation can only be -: waived if you prove no water rights exist to subject property) $ • Sidewalks or pathways (proposed and existing) S + Location of proposed building on lot (include dimensions to property fines) S • Fencing (proposed and existing) • Calculations table including the following: ➢ Number of parking stalls required & provided (specify handicap & compact stalls) $ ➢ Building size (sq. ft.) ➢ Lot size (sq. ft.) ➢ Setbacks ➢ Zoning district • Reduction of the site plan (8'/z" x 11") Landscape plan — *1 copy (folded to 8 W' x 11" size) Plan must have a scale no smaller than 1 " = 50' (1 " = 20' is preferred) and be on a standard drawing, sheet, not to exceed 36" x 48" (24" x 36" is preferred). A plan which cannot be drawn in 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridimcity.org *Once an application is accepted, staff will contact you to let you know how many additional copies of plans are required. All plans are required to be olded to 8 Ih" x 11 " size. ACHD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD 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 your plans and all associated fees have been paid. 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 06,722011) its entirety on a single sheet must be drawn with appropriate match lines on two or more sheets, The following items must be included on the landscapeplan: • Date, scale, north arrow, and project name • Names, addresses, and telephone numbers of the developer and the person and/or firm preparing the plan i+ • Stamp/signature of a landscape architect, landscape designer, or qualified V nurseryman preparing the plan / • Existing natural features such as canals, creeks, drains, ponds, wetlands, flood lain, high groundwater areas, and rock outcroppings • 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 Se -e deklob4icn lo„ ' 1 • A statement of how existing healthy trees proposed to be retained will be �p protected from damage during construction • Existing structures, planting areas, light poles, power poles, walls, fences, berms, / parking and loading areas, vehicular drives, trash areas, sidewalks, pathways, stormwater detention areas, signs, street furniture, and other man-made elements Nn • Existing and proposed contours for all areas steeper than 20% slope. Berms shall t be shown with one -foot contours • Sight Triangles as defined in 11-3A-5 of this ordinance • Location and labels for all proposed plants, including trees, shrubs, and groundcovers (trees must not be planted in City water or sewer easements). Scale shown for plant materials shall reflect approximate mature size • A plant list that shows the plant symbol, quantity, botanical name, common name, minimum planting size and container, tree class (I, II, or III), and comments (for spacing, staking, and installation as appropriate) • Planting and installation details as necessary to ensure conformance with all required standards 1/ • Design drawing(s) of all fencing proposed for screening purposes Reduction of the landscape plan (81/x" x I 1") �- Building elevations showing construction materials - *1 coy (folded to 8 1/2' x 11" size) Reduction of the elevations (8 W x 11") r Electronic version of the site plan, landscape plan, & building elevations in pdf format submitted on a disk with the files named with project name & plan type (i.e. site plan, / landscape plan, elevations, etc.). We encourage you to submit at least one color version. `' ^ A I If applying for approval of a public school, provide additional information as required by ,ly [` the Public School Facility supplemental checklist per §67-6519 Fee (If this project had prior approval on a site plan, reduced fees may apply) *Once an application is accepted, staff will contact you to let you know how many additional copies of plans are required. All plans are required to be olded to 8 Ih" x 11 " size. ACHD Acceptance: Applicant shall be responsible for meeting the requirements ofACHD 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 your plans and all associated fees have been paid. 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 06,722011) AFFIDAVIT OF LEGAL INTEREST QTM ff STATE OPHMH6 ) SALT L1kE ) COUNTY OF ABA ) I, (-�✓r lh�lisloaol , itb`5O :50. Slate st Su,}-- 300 ��AtZR f (name) I��ddress) (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: GraA 2ivtA50a('kw , il(oS-0 sc'�. S+caqa SC Skiff 3G� (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this day of JLA V'A-� 20_u (Signature) SUBSCRIBED AND SWORN to before me the day and ye 1 t above written. 1'4 U4 4,4' NdTARV PUBLIC AMIE ROTHEV (Not Public r I) 11341 CARRIE RIM CIRCLE SOUTH JORDAN, or 84085 COMMISSION EXPIRES Residing at: A 07/02/2011 STATE OF UTAH My Commission Expires: 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 061022011) �E IDIAN�- IDAHO Planning Department DESIGN REVIEW ■ Application Checklist Projectname: 1�13An/ flA QLk RI 1 (f6tt4A4 .Concurrent File#: D(55-11-011, Applicantlagent: c✓fo, All applications are required to contain one copy of the following: Applicant _ _ _ Description - - _ Sta(taf ' Completed and signed Administrative Review Application (If also submitting a concurrent application for Conditional Use Permit, design review will be processed along with that application. Therefore, an Administrative Review application is l not necessary in this case; just check the Design Review box on Commission & Council Review Application and submit the information below.) Completed Design Manual Compliance Checklists (B. Urban Design Guidelines; C. Urban/Suburban Design Guidelines; D. Suburban Design Guidelines; E. Residential _ Design Guidelines) as applicable. Provide in a narrative letter, how the proposal addresses guidelines contained in the Meridian Design Manual and UDC 11-3A-19: 1. Architectural Character: a. Facades. b. Primary public enuance(s). c. Roof lines. J ,1// d. Pattern variations. e. Fenestration - L Mechanical equipment. 2. Color and materials. Please provide color chips or exhibits of proposed colors. - 3. Site Plan and Building Layout a. Building location b. Parking areas. c. Access d. Street layout and/or internal circulation. e. Pedestrian walkways and facilities. A complete set of scaled plans including building elevations, with building materials, colors and textures specified and site plans. Reductions of the elevations (8'h" x 11 ") Fee All requests far design review approval must meet the procedures sel forth in UDC 11-5 and the criteria set forth in the "Meridian Design Manual ", as applicable. APPLICATIONS WILL NOT BEACCEPTED UNLESS ALLAPPLICABLE ITEMS ON THE CHECKLISTARE SUBMITTED. 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 0323/09)) �E IDIAN�-- lrns€� Planning Department DESIGN REVIEW Design Manual Compliance 1.1 Coherent Plan Objective: - To encourage integrated, functional, and attractive transitional developments that strengthen identity within the City and support urban and mixed-use areas. Y N N/A Design Guidelines' - - -Commentsz- Staff J C-1.1.3.1. Developments should establish an appropriate and compatible transitional development... C-1.1.3.1.1. Develop a master plan for large-scale, phased, and multiple -site proposals to demonstrate... - / C-1.1.3.1.2. Where appropriate, coordinate with adjacent V uses and residential areas, including single -project... C-1.1.3.1.3. Avoid piecemeal and fragmented _ l� development that detracts from the establishment... C-1.1.3.1.4. Reduce and mitigate the impacts from _ ✓ proposed developments on adjacent sites as... C-1.1.3.1.5. Mixed-use, large-scale, and multiple -site developments should integrate public space within... C-1.1.3.2. Anticipate the addition of future transit -7,tX -hV;rF-Ftp. Sturtt� / V systems to the transportation network and plan for... C-1.1.3.2.1. Coordinate routes, placement of facilities, See 4ve ff I c S"���`� ✓ and infrastructure improvements with the appropriate... . / C-1.1.3.3: Where possible, incorporate and enhance significant natural features as site amenities and/or... C-1.1.3.4. Appropriately address the critical issues of site layout that influence development character... L2 Access & Conneclivily Objectives: To promote the interconnectivity of the community and reduce the impacts that vehicle access points impose on roadways and the physical and visual character of developments. 1 See corresponding item in the Design Manual for full text. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridimcity.org 1-25.2010) Y N N/A_ Design Guidelines' - -- Comments _ - Staff. J N/A Design Guidelines' C-1.2.3.1. Limit direct vehicular access off major It1s+4(11' 141Vu, Vn Wj C-1.3.2.1. Locate buildings to establish an appropriate roadways, including highways, principal arterials... J development character that enhances the... C-1.2.3.1.1. Coordinate and combine access points ✓ C-1.3.2.1.1. Bring buildings up close to roadways to with adjacent sites and uses to reduce or eliminate... establish a street presence and orient primary... C-1.2.3.1.2. Provide site ingress/egress from secondary C-1.3.2.1.2. Limit the distance from buildings to roadways for sites adjacent to major roadways. - roadways and the distance between buildings... C-1.2.3.1.3. Where secondary roadways cannot be - - C-1.3.2.1.3. Large-scale and mulfibuilding provided, coordinate and combine access points to... / C-1.2.3.1.4. Multiple -site and large-scale developments V should limit ingress/egress points and establish... V/ C-1.2.3.1.5. Use shared access points, secondary roadways, or internal circulation to access comer sites. ✓ C-1.2.3.2. Provide pedestrian and vehicular - connections that link adjacent uses and circulation... C-1.2.3.2.1. Where possible, coordinate and align ingress/egress points, cross access, and internal... C-1.2.3.2.2. Unrestricted access points and roadways used for site entry should align across primary... C-1.2.3.2.3.3 Multiple pedestrian routes should - converge on public and open spaces, such as transit... C-1.2.3.3. Establish internal site circulation as an interconnected network of walkways, pathways... ✓C-1.2.3.4. Plan for access and connectivity to future transit facilities, including, but not limited to... C-1.2.3.4.1. Coordinate with the appropriate agencies and organizations to ensure the successful... C-1.2.3.4.2.3 Provide adequate pedestrian connections from public spaces, building entries, and parking,.. 1.3 Orientation Objectives: To ensure that site organization, including, but not limited to, the placement and orientation of buildings, structures, and public spaces, as well as the location and layout of service and parking areas, promotes an integrated built environment that establishes an appropriate development character. Y N N/A Design Guidelines' Comments' Staff C-1.3.2.1. Locate buildings to establish an appropriate development character that enhances the... ✓ C-1.3.2.1.1. Bring buildings up close to roadways to establish a street presence and orient primary... C-1.3.2.1.2. Limit the distance from buildings to roadways and the distance between buildings... C-1.3.2.1.3. Large-scale and mulfibuilding developments may place buildings away from... ' See corresponding item in the Design Manual for full text. ' Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org Y N N/A Design Guidelines' Comments Staff - C-1.3.2.1.4.3 Use buildings that incorporate articulated . - - l� fagades andarchitectural elements to anchor site... C-1.3.2.2. Provide clearly defined building entries and connect them to roadways, pedestrian walkways... J C-1.3.2.2.1. Primary building entries should face roadways, pedestrian environments, or adjacent... C-1.3.2.2.2. Large-scale buildings should provide entrances on at least two different building fagades... C-1.3.2.3. Strategically locate public spaces and site amenities, such as common open space, transit... C-1.3.2.3.1. Organize buildings around public space -. and site amenities to establish destinations that... C-1.3.2.3.2.3 Use building fagades, enhanced - streetscapes, or other appropriate enhancements to... - C-1.3.2.3.3. Orient public spaces and site amenities toward roadways adjacent to building entries... C-1.3.2.3.4.3 Spaces designed for courtyards, outdoor sealing, dining areas, or other such spaces should.;.. C-1.3.2.4. Locate parking toward the interior of the site e5i',G Ik�,d o u and integrate parking areas to establish an attractive... PNJ�Vn : „} `. ^.j PVYhAtef C-1.3.2.4.1. Place parking areas away from site V comers, primarily to the rear and/or side of buildings... C-1.3.2.4.2. Use a parking strategy to minimize the land area devoted to vehicular parking; include... J C-1.3.2.4.3. Distribute parking into smaller areas around, between, and behind structures to shorten the... C-1.3.2.5. Where possible, coordinate the placement of - public spaces, site amenities, parking areas, and/or... / C-1.3.2.6. Locate site services, building utilities, and Y mechanical equipment to enhance the attractiveness... C-1.3.2.6.1. Place and orient service and loading areas, mechanical equipment, and utilities away from... C-1.3.2.6.2. Where possible, place service and loading areas behind buildings and provide access from... C-1.3.2.6.3. Coordinate the placement of freestanding site services and mechanical equipment to eliminate... C-1.3.2.6.4. Place utility lines underground and away from planting zones whenever possible. I See corresponding item in the Design Manual far full test. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridianciLy.org To incorporate parking as an integrated element of the built environment and address issues that influence the physical and visual characteristics of parking areas, such as the appropriate location for parking, size of parking areas, paving materials, landscaping, and screening. Y. N. NIA -Design Guidelines' - - Comments -.Staff / C-1.5.3.1. Design public and open spaces as C-1.4.3.1. Parking areas should establish an Y' destinations within individual developments and... appropriate circulation pattern for pedestrians and... / C-1.4.3.1.1. Coordinate vehicular and pedestrian V circulation patterns to delineate pedestrian walkways... V C-1.4.3.1.2. Provide pedestrian connections from - internal circulation to public spaces and adjacent... J C-1.4.3.2. Design surface parking as an integrated and attractive element of the built environment that... C-1.4.3.2.1. Break up parking areas into smaller, separated modules and arrange parking to minimize... C-1.4.3.2.2. Reduce the depth of parking areas and limit parking between building fagades and... C-1.4.3.2.3. The design and layout of internal site parking should avoid long, unbroken parking bays... C-1.4.3.2.4. Use trees, landscaping, landscapes, and architectural elements to provide shade, create... V C-1.4.3.2.5.3 Shade pedestrian walkways and parking, - including stalls and drive aisles, with the appropriate... d C-1.4.3.2.6.3 Screen parking with berms, landscaping, walls; architectural elements, or a combination to... C-1.4.3.2.7. Distribute and integrate appropriately scaled fighting to provide safe and adequately... / V C-1.4.3.3. Where appropriate, incorporate and arrange on -street parking to produce traffic calming effects... / V C-1.4.3.3.1. Coordinate the use of on -street parking, including the design and location, with the... C-1.4.3.3.2.3. Internal roadways are encouraged to use on -street parking that is integrated with streetscapes... C-1:4.3.3.3.3 Where on -street parking is provided or where vehicles are circulation is directed in front of... - ` Y C-1.4.3.4 3 Structured parking facilities are encouraged and should be designed to coordinate vehicular... 1 See corresponding item in the Design Manual for full text. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 0 Facsimile: (208) 888-6854 0 Website: www.meridiancity.org To provide a variety of attractive, usable, and integrated public and open spaces that enhance development character, encourage pedestrian use, and contribute to community life and the positive experience of daily activities. Y N N/A Design Guidelines Comments2 .Staff / C-1.5.3.1. Design public and open spaces as Y' destinations within individual developments and... 1 See corresponding item in the Design Manual for full text. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 0 Facsimile: (208) 888-6854 0 Website: www.meridiancity.org C-1.5.3.1.1. Provide appropriate types and sizes of public and open spaces, including development... Y N NIA Design Guidelines) Comments' Staff C-1.5.3.1.2. Clearly delineate the edges of public spaces. Use building faeades, materials, architectural... C-1.5.3.1.32 Where appropriate, place public and open V/ spaces adjacent or in close proximity to transit... C-1.5.3.1.4. Design public spaces to provide visual / V interest that enhances development character and... C-1.5.3.1.5. Where appropriate, use public and open spaces as transitions between land uses to promote... Jthat C-1.5.3.2. Incorporate pedestrian -oriented amenities promote various active and passive uses within... C-1.5.3.2.1. Use decorative pavers or other materials suitable for hardscapes that endure well and add... C-1.5.3.2.2. Incorporate plantings, trees, and other plant materials to add vertical texture and variety to public... C-1.5.3.2.3. Provide adequate seating that reflects the nature of the intended activities. Use fixed seating... C-1.5.3.2.4.3 Introduce public aft as an integral part of the public realm. As appropriate, incorporate:.. - C-1.5.3.2.5.3 Include decorative details and elements, such as banners, flags, signs, and planters, which... / C.1.5.3.2.6. Where appropriate, provide pedestrian - scaled light fixtures that provide adequate lighting... C-1.5.3.3. Public and open spaces should maintain pedestrian and user safety and provide secure... IS . corresponding item in the Design Manual forfull text. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating the guideline may help offset non-compliance with other guidelines. 4 Appropriately use formal and/or informal planting arrangements to meet the guideline. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 0 Website: www.meridiancity.org / - IN/Al C-1.6.2.2.2.3Landscaping should encourage thee 5� MS Staff Y Design Guidelines' - - - Comments - appropriate andattractiveuse of xeric, drought... - - Y N IN/Al Design Guidelines' Comments Staff INIA1 Design Guidelines' - - - Comments - C-1.6.2.2.3. Incorporate various plants and non- - - C-2.1.3.1. Building designs should appropriately vegetative materials that provide groundcover and... address building scale, mass, and form, and the use... C-1.6.2.2.4? Use planters and planting arrangements C-2.1.3.2. Use fundamental design principles, that feature seasonal plants, flowers, and ornamental... including, but not limited to, composition, order... C-1.6.2.3.3- Where appropriate or advantageous to Y C-2.1.3.3. Design building fagades that express promote pedestrian activity, integrate streetscape... ✓ C-1.6.2.4. Where possible, development should C-2.1.3.3.1. Design all appropriate sides of buildings, coordinate landscaping with adjacent properties to... 2.1 Cohesive Design Oblective: < To encourage visually aesthetic building designs that promote quality architectural character and establish built environments that are compatible with existing, planned, and/or anticipated adjacent land uses. Y N INIA1 Design Guidelines' - - - Comments - Staff C-2.1.3.1. Building designs should appropriately address building scale, mass, and form, and the use... C-2.1.3.2. Use fundamental design principles, - including, but not limited to, composition, order... Y C-2.1.3.3. Design building fagades that express architectural character and incorporate the use of... C-2.1.3.3.1. Design all appropriate sides of buildings, including farrades that face public roadways, public... C-2.1.3.4. Building design should enhance public and opens spaces, articulate aesthetic character, and... / V C-2.1.3.4.1. Design buildings to enhance the attractiveness and appeal of developments, define... J C-2.1.3.4.2. Where appropriate, incorporate human and pedestrian scale as integral components of the... C-2.1.3.5. Use building design and architecture to promote mixed-use and denser developments as... J C-2.1.3.5.1 a Building designs are encouraged to use vertically integrated structures- and/or horizontal... ' See corresponding item in the Design Manual forfull text. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 5 Incorporating vertically integrated uses may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 0 Facsimile: (208) 888-6854 0 Website: www.meridimeity.org To encourage building designs that appropriately use architectural and human scale to establish compatible physical and visual relationships with adjacent and surrounding developments and reinforce a cohesive architectural character. Y N NIA Design Guidelines' Commentsz Staff C-2.2.2.1. Proposed developments should use proportion and scale to design buildings compatible... - f C-2.2.2.1.1. Infill, greenfield, and redevelopment proposals should coordinate the placement... C-2.2.2.1.2. Large-scale and multibuilding developments are encouraged to produce innovative... rC-2.2.2.1.3. Where possible, group or incorporate smaller uses along fagades that introduce modulation... C-2.2.2.2. Design and configure buildings to reduce overwhelming and disproportioned architectural... _ _ J C-2.2.2.2.1. Development should consider the scale of surrounding buildings, including relationships to... C-2.2.2.2.2. Use variation in building form and proximity to other buildings, including, but not... / V C-2.2.2.2.3. Where appropriate, establish a hierarchy of building scales that transition from intense to less... C-2.2.2.2.4. Building scales along roadways and adjacent to or near urban areas of the community are... C-2.2.2.3. Incorporate human scale on appropriate building fagades to support an aesthetic architectural... C-2.2.2.3.1. Use human scale to emphasize fenestration patterns, architectural elements, proportion... C-2.2.2.3.2. Human scale is required at the ground or street level at building entries, along roadways, and... 2.3 Building Form .Objective:- To enhance the visual interest of building designs and promote quality architectural character. Y N N/A Design Guidelines' - Comments2 Staff C-2.3.2.1. Articulate building forms, including, but not limited to, massing, walls, and roofs, with... C-2.3.2.1.1. Building fagades that face roadways, public spaces, and pedestrian environments should... ✓ C-2.3.2.1.2. Design parking structures as integrated buildings that are compatible with surrounding uses... C-2.3.2.1.3. Parking structures should incorporate modulations, architectural elements, details... C-2.3.2.2. Incorporate visual and physical distinctions in the building design that enhance building forms... 1 See corresponding item in the Design Manual for full 1ez1. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 0 Website: www.meridimcity.org 2.4 Architectural Elements Objective: To integrate architectural elements and details as components of cohesive building designs that enhance the visual interest of building fagades, support activity at and/or near ground level, and provide human and pedestrian C-2.3.2.2.1. Use divisions, fenestration, architectural Y N N/A Design Guidelines' Comments' elements, details, accent materials, and human scale... / C-2.4.2.1. Use architectural elements and detailing, C-2.3.2.2.2. Where building designs incorporate V including, but not limited to, fenestration pattern... multiple stories, or equivalent building heights... / V Y N N/A Design Guidelines' Comments' Staff elements using proportions, divisions, detailing... C-2.3.2.2.3. Use horizontal and vertical divisions in / C-2.4.2.1.2. Provide architectural elements and wall planes to organize fenestration as integrated... V detailing that emphasize human scale throughout the... C-2.3.2.2.4. Design lower stories to visually anchor C-2.4.2:1.33 Where appropriate, provide building buildings to the ground or street and appropriately... Jplanes overhangs or other similar features, such as canopies... C-2.3.2.2.5. Design the uppermost story or fagade wall C-2.4.2.1.43 Integrate strategically located elements as Focal to complete the building design. Use articulation... 1/ focal points in building designs. elements... C-2.3.2.2.6. Building designs within designated areas of - V the Ten Mile Specific Area Plan are encouraged to use... / V C-2.3.2.3. Building designs should establish visual connections that relate internal spaces at ground- or... C-2.3.2.3.1. Use architectural elements, such as doors and windows, details, and materials to articulate building... C-2.3.2.3.2. Faeades at ground level should average 40 percent transparency along roadways and adjacent to... C-2.3.2.4. Building designs should provide proportionally taller ground -level fagades to accommodate various... C-2.3.2.5. Building roof types, forms, and elements should provide variation and interest to building... J C-2.3.2.5.1. Building designs should incorporate appropriate roof forms with primary and secondary... C-2.3.2.5.2. Where appropriate, modulate and/or articulate roof types, both flat and sloped, with roof... 2.4 Architectural Elements Objective: To integrate architectural elements and details as components of cohesive building designs that enhance the visual interest of building fagades, support activity at and/or near ground level, and provide human and pedestrian scale. Y N N/A Design Guidelines' Comments' Staff C-2.4.2.1. Use architectural elements and detailing, including, but not limited to, fenestration pattern... / V C-2.4.2.1.1. Design and articulate architectural elements using proportions, divisions, detailing... / C-2.4.2.1.2. Provide architectural elements and V detailing that emphasize human scale throughout the... C-2.4.2:1.33 Where appropriate, provide building overhangs or other similar features, such as canopies... C-2.4.2.1.43 Integrate strategically located elements as Focal 1/ focal points in building designs. elements... ' See corresponding item in the Design Manual for full text. ' Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org C-2.4.2.2. Building designs should not create blank wall segments along roadways or adjacent to public space... C-2.4.2.3. Organize and locate building service equipment, including, but not limited to, mechanical... Y N N/Al Design Guidelines' Comments2 Staff Commentst - Staff / V C-2.4.2.3.1. Use integrated architectural elements to C-2.5.2.1. Buildings with fagades that face multiple roadways and/or public spaces should use consistent... Y provide adequate screening and appropriately... C-2.5.2.2. Use complementary material combinations that contribute to a cohesive building design... C-2.4.2.3.2. Screen service equipment at ground level C-2.5.2.2.1. Select combinations that emphasize a finished composition and enhance human scale for... 1/ from pedestrian and vehicular view to a minimum... C-2.5.2.2.2. Concrete masonry that provides texture, interest, and detail may be appropriate for building... C-2.4.2.3.3. Screen service and building equipment that C-2.5.2.2.3. Use well -detailed, proportioned, and durable materials that will weather and age gracefully... i is attached or on top of structures from public view... - J C-2.4.2.3.4. Use screening techniques, architectural C-2.5.2.2.5. Provide pattern, texture, and detail in the building design and distinguish field materials from... elements, and materials that are consistent with the... C-2.5.2.3. Where materials transition or terminate, provide detailing to express the natural appearance... 2.5 Materials Objective:. - To encourage the use of quality materials that promote aesthetic building designs and appropriate contributions to the development of a timeless community character. Y N N/A Design Guidelines' Commentst - Staff / V C-2.5.2.1. Buildings with fagades that face multiple roadways and/or public spaces should use consistent... Y C-2.5.2.2. Use complementary material combinations that contribute to a cohesive building design... C-2.5.2.2.1. Select combinations that emphasize a finished composition and enhance human scale for... C-2.5.2.2.2. Concrete masonry that provides texture, interest, and detail may be appropriate for building... C-2.5.2.2.3. Use well -detailed, proportioned, and durable materials that will weather and age gracefully... / V C-2.5.2.2.4. Create interest and variety in fagade design to establish attractive architectural character and... J C-2.5.2.2.5. Provide pattern, texture, and detail in the building design and distinguish field materials from... C-2.5.2.3. Where materials transition or terminate, provide detailing to express the natural appearance... d C-2.5.2.4. Use colors that complement the use of building materials and support innovative and good... C-2.5.2.4.1. The use of subtle, neutral, and natural tones for field materials should complement accent... C-2.5.2.4.2. The use of intensely bright and fluorescent colors, as well as the widespread use of saturated... N5, N� �,� � +)w- colov.P yyt Nj GGovS 1 C-2.5.2.4.3. Materials or colors with high reflectance, such as metal or reflective glazing, should be... 0 f }q1 V n q rj ' See corresponding item in the Design Manual forfull tett. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org Objective: To encourage the use of signs and architectural lighting as integrated elements of building and site designs that contribute to the atmosphere of quality, aesthetic built environments. Y N N/A .Design Guidelines'- Comments2 - -- Staff: N N/Al Design Guidelines' - C-2.6.3.1. Where appropriate, use lighting on building Staff - ✓C-3.1.3.1. Orient industrial developments, including exteriors to promote safe pedestrian environments... buildings, structures, and site elements, such as work... C-2.6.3.1.1. Coordinate lighting fixture spacing and C-3.1.3.2. Provide an appropriate architectural design height along streetscapes and roadways to avoid... / V for buildings and structures that are adjacent to... C-2.6.3.1.2.3 The use of architectural lighting is ✓C-3.1.3.3. - encouraged to be: energy-efficient and easily.-.. building or structure to screen industrial activity... C-2.6.3.1.3. Lighting fixtures used on building / C-3.1.3.4. Maintain the required buffers adjacent to exteriors should be integrated with building design... ✓ non-residential uses as indicated in the UDC... C-2.6.3.2. Signs should be integrated with architectural elements and complement building designs and... C-2.6.3.2.1. Provide signs to identify individual storefronts, buildings, and uses along roadways... - - C-2.6.3.2.2.3 Use corporate and. businesslogosto - - f✓ identify developments and businesses along.... C-2.6.3.2.3. Use appropriately scaled signs that incorporate logos, minimize or eliminate the use of... C-2.6.3.2.4. Where buildings are brought up close to - - roadways, pedestrian environments, and public... _ C-2.6.3.2.5.3 Decorative flags; and banners -should. _- ✓ promote the identity of place andenhance the... ' See corresponding item in the Design Manual for full text. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 0 Facsimile: (208) 888-6854 • Website: www.meridimcity.org 3.1 Industrial Developments ..Objective:. - To promote the appropriate use of site layout, separation techniques, and architectural design guidelines to mitigate the adverse impacts that industrial uses impose on adjacent commercial, residential, and other non- industrial uses. Y N N/Al Design Guidelines' - Comments2 Staff - ✓C-3.1.3.1. Orient industrial developments, including buildings, structures, and site elements, such as work... C-3.1.3.2. Provide an appropriate architectural design for buildings and structures that are adjacent to... ✓C-3.1.3.3. Use the placement and orientation of the building or structure to screen industrial activity... / C-3.1.3.4. Maintain the required buffers adjacent to ✓ non-residential uses as indicated in the UDC... ' See corresponding item in the Design Manual for full text. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 0 Facsimile: (208) 888-6854 • Website: www.meridimcity.org 1 See corresponding item in the Design Manual for f dl teat. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 3.2 Residential Conversions Objective; To accommodate the adaptive reuse of the existing residence to a commercial use, while maintaining compatibility with the use(s) on adjoining properties. To ensure that such residential to commercial conversions are compatible with the existing character of the original residential use, while recognizing the need to modify the structure to meet commercial building code requirements. Y NIN/Al Design Guidelines' -- - Comments2 - - Staff ✓ C-3.2.3.1. Developments that propose the conversion of residential to commercial within Old Town should... ✓ C-3.2.3.2. Residential to commercial conversions _ should use the guidelines from Section C. Design... C-3.2.3.3. Additions, restorations, and repairs should use similar building forms, materials, and details... C-3.2.3.4. Where there are site constraints that prevent a conversion from complying with the site character... 1 See corresponding item in the Design Manual for f dl teat. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 4 Sonya Watters From: Sonya Watters Sent: Thursday, October 20, 2011 12:24 PM To: 'Randy Rindlisbacher' Subject: RRVtegency Randy, I only have one copy of the plans that were §6mitted w/the original submittal — I need a total of 4. So, even though they haven't changed, I still Ved 3 more please. Please forward the remaining items to me once you receive them. Thanks, Sonya From: Randy Rindlisbacher [mailto:randyr@bachhomes.net] Sent: Wednesday, October 19, 2011 12:19 PM To: Sonya Watters Subject: RE: Regency Sonya, I'm having my architect working on the clubhouse right now and I'll try to get that to you shortly. The garages, gazebos, pool house, and garabage enclosure have not changed from our original submittal. Page 1 of 2 ur title company is still working on getting the property management agreement recorded with the county. I think she's going to call you today to ask you about details. It sounds like the county didn't want to record it. But we'll get it done. Scott Stanfield is working with NMID on the license agreement. I guess the guy we had been working with retired and it sounds like the new guy is making sure they're okay with these things before he approves it. So we still don't have that yet. I'll send it to you just as soon as I get it from NMID. Thanks. Randy From: Scott Stanfield [mailto:sstanfield@mseng.us] Sent: Wednesday, October 19, 2011 10:34 AM To: 'Sonya Watters' Cc: Randy Rindlisbacher Subject: RE: Regency I'll pass it along.... Randy, see Sonya's request below. Return to: The Regency at River Valley, LLC 11650 South State, Suite 300 Draper, Utah 84020 FOR VALUE RECEIVED ADA COUNTY RECORD& Thr 'Ser 0. Rich AMOUNT 16.00 BOISE IDAHO 05124111 11:14 DEPUTY Use Ball RECORDED—REQUEST OF 11164239 r Regency M River Valley WARRANTY DEED RAMI, LLC, AS TO AN UNDIVIDED 37.118% INTEREST, AS ATENANT IN COMMON GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL AND CONVEY unto: The Regency at River Valley, LLC GRANTEES(s), whose current address is: 11650 South State, Suite 300, Draper, Utah 84020 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: SEE EXHIBIT "A" ATTACHED TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantors) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s), and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and def end the same from all lawful claims whatsoever. Date: GJ b 12011 RAP, LLC, a U ah limiters lip�mpany Title: STATE OF UTAH ) ss. County of CSC\�Y Name: (nV; P K)YIGIlISb�� On this tv day ofk1 0-_, 2011, before me, the undersigned, a Notary public in and for said State, personally appeared Gy e �t�s�nac`ti' Tknown or identified tome to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same on behalf of the applicable entity. FRANCESCARMONA Notary Public�� State 01 Utah Notary Public Comm. No. 800392 My Comm. Expires 09/01/2014 EXHIBIT "A" LEGAL DESCRIPTION Certain real property located in Ada County, Idaho, legally described as follows: PARCEL A tract of land located in the Southwest quarter of the Northwest quarter, Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho more fully described as follows: Beginning at the West quarter corner of Section 4, Township 3 North, Range 1 East, Boise Meridian; thence running North 90°00'00" East along the East-West center section line of said Section 4 a distance of 652.98 feet to the REAL POINT OF BEGINNING; thence running North 00°00'00" East, a distance of 211.00 feet to a point; thence running North 90°00'00" East, a distance of 183.74 feet to a point; thence running North 00°00'00" East, a distance of 60.00 feet to a point; thence running North 90°00'00" West, a distance of 183.74 feet to a point; thence running North 00°00'00" East, a distance of 253.61 feet to a point; thence running South 35'25'00" East, a distance of 69.02 feet to a point; thence running South 71°55'00" East, a distance of 132.00 feet to a point; thence running South 86°10'00" East, a distance of 174.90 feet to a point; thence running South 41°20'00" East, a distance of 366.30 feet to a point; thence running South 73°35'00" East, a distance of 98.34 feet to a point; thence running South 00°00'00" East, a distance of 112.86 feet to a point on the East-West center section line of said Section 4; thence running North 90°00'00" West, a distance of 676.26 feet to the REAL POINT OF BEGINNING. PARCEL II A portion of the Southwest quarter of the Northwest quarter of Section 4, Township 3 North, Range East, Boise Meridian, Ada County, Idaho, lying South of the centerline of what is commonly known as the South Slough, more particularly described as follows: Commencing at the Northwest corner of the Southwest quarter of the Northwest quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence South along the West line of said Section 4 a distance of 776.26 feet to the REAL POINT OF BEGINNING; thence East 300.00 feet to a point; thence North 218.05 feet to a point; thence North 83°50' East 17.43 feet to a point; thence South 66`55' East 264.90 feet to a point; thence South 35°25' East 227.70 feet to a point; thence South 71°55' East 132.00 feet to a point; thence South 86°10' East 174.90 feet to a point; thence South 41 °20' East 366.30 feet to a point; thence LEGAL DESCRIPTION (continued) South 73°35' East 98.34 feet, more or less, to a point on the East line of said Southwest quarter of the Northwest quarter of section 4; thence South 112.86 feet, more or less, to the Southeast corner of the Southwest quarter of the Northwest quarter; thence West along the East-West quarter line 979.24 feet, more or less, to a point 350.0 feet Easterly of the West line of said Section 4; thence North 180.00 feet to a point; thence West 49.86 feet to the Southeast corner of that parcel described in Warranty Deed recorded August 31, 1977, as Instrument No. 7741806, records of Ada County, Idaho; thence along the East and North boundaries of the aforementioned Deed the following two courses: North 145.00 feet; thence South 89°37'15" West 300.41 feet; thence North 212.80 feet to the REAL POINT OF BEGINNING. EXCEPT a tract of land located in the Southwest quarter of the Northwest quarter, Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho more fully described as follows: Beginning at the West quarter corner of Section 4, Township 3 North, Range 1 East, Boise Meridian; thence running the East-West center section line of said Section 4 a distance of 652.98 feet North 90°00'00" East along to the REAL POINT OF BEGINNING; thence running North 00°00'00" East, a distance of 211.00 feet to a point; thence running North 90°00'00" East, a distance of 183.74 feet to a point; thence running North 00°00'00" East, a distance of 60.00 feet to a point; thence ninth thence ni ngng North 90°00'00" West, a distance of 183.74 feet to a North 00°00'00" East, a distance of 253.61 feet to a point; thence running South 35°2S'00" East, a distance of 69.02 feet to a point; thence running South 71'55'00" East, a distance of 132.00 feet to a point; thence running south 86°10'00" East, a distance of 174.90 feet to a point; thencerunning run ng South 41 020'00" East, a distance of 366.30 feet to a point; South 73°35'00" East, a distance of 98.34 feet to a point; thence running South 00000'00" East, a distance of 112.86 feet to a point on the East-West center section line of said Section 4; thence running North 90°00'00" West, a distance of 676.26 feet to the REAL POINT OF BEGINNING. ALSO EXCEPT that portionconveyed to the State of Idaho, Idaho Transportation Board by Warranty Deed recorded March 20, 1995, as Instrument No. 95018434, of Official Records. AND ALSO EXCEPT THEREFROM any portion lying within the South Slough and Stokesberry Lateral ( AOA COUNTY RECOROhn Chi !her 0. Rich AMOUNT 19.00 BOISE IDAHO 06/24111 11:14.= DEPUTY Lisa Batt III IiIIliI16IIIIIfIIIIII�IIIIIIIII �� RECORDED—REQUEST OF 111042394 Regency at River Valley Return to: The Regency at River valley, LLC 11650 South State, Suite 300 Draper, Utah 84020 WARRANTY DEED FOR VALUE RECEIVED EAGLE MESA, LLC, AS TO AN UNDIVIDED 23.640% INTEREST, AS A TENANT IN COMMON EAGLE COULTER, LLC, AS TO AN UNDIVIDED 23.640% INTEREST, AS A TENANT IN COMMON GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELLAND CONVEY unto: The Regency at River Valley, LLC GRANTEES(s), whose current address is: 11650 South State, Suite 300, Draper, Utah 84020 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: SEE EXHIBIT "A" ATTACHED TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s), and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Date: to 2011 EAGLE MESA, LLC, a Utah limited liability company Mesa Development, Inc. Its Manager �O:L ( 14 il Nathan Coulter, President EAGLE COULTER, LLC, a Utah limited liability company — to 2CLJt Nathan Coulter, Manager STATE OF UTAH ) County of I L ) On this 1 ' I' I day of (koul , 2011, before me, the undersigned, a Notary public in and for said State, personally appeared Nathanr known or identified to me to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged tome�tf he/she/they executed the same on behalf of each applicable entity. // /1 NOTARY PUBLIC AMIE RW HEY 11341 CARRIE RIM CIRCLE :I SOUTH JORDAN, UT 64005 COMMISSION EXPIRES 0710212011 STATE OF UTAH m EXHIBIT "A" LEGAL DESCRIPTION Certain real property located in Ada County, Idaho, legally described as follows: PARCEL A tract of land located in the Southwest quarter of the Northwest quarter, Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho more fully described as follows: Beginning at the West quarter corner of Section 4, Township 3 North, Range 1 East, Boise Meridian; thence running North 90°00'00" East along the East-West center section line of said Section 4 a distance of 652.98 feet to the REAL POINT OF BEGINNING; thence running North 00°00'00" East, a distance of 211.00 feet to a point; thence running North 90°00'00" East, a distance of 183.74 feet to a point; thence running North 00°00'00" East, a distance of 60.00 feet to a point; thence running North 90000'00" West, a distance of 183.74 feet to a point; thence running North 00°00'00" East, a distance of 253.61 feet to a point; thence running South 35°25'00" East, a distance of 69.02 feet to a point; thence running South 71°55'00" East, a distance of 132.00 feet to a point; thence running South 86`10'00" East, a distance of 174.90 feet to a point; thence running South 41°20'00" East, a distance of 366.30 feet to a point; thence running South 73°35'00" East, a distance of 98.34 feet to a point; thence running South 00°00'00" East, a distance of 112.86 feet to a point on the East-West center section line of said Section 4; thence running North 90°00'00" West, a distance of 676.26 feet to the REAL POINT OF BEGINNING. PARCEL II A portion of the Southwest quarter of the Northwest quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, lying South of the centerline of what is commonly known as the South Slough, more particularly described as follows: Commencing at the Northwest corner of the Southwest quarter of the Northwest quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence South along the West line of said Section 4 a distance of 776.26 feet to the REAL POINT OF BEGINNING; thence East 300.00 feet to a point; thence North 218.05 feet to a point; thence North 83°50' East 17.43 feet to a point; thence South 66°55' East 264.90 feet to a point; thence South 35°25' East 227.70 feet to a point; thence South 71°55' East 132.00 feet to a point; thence South 86°10' East 174.90 feet to a point; thence South 41 °20' East 366.30 feet to a point; thence LEGAL DESCRIPTION (continued) South 73'35' East 98.34 feet, more or less, to a point on the East line of said Southwest quarter of the Northwest quarter of Section 4; thence ast corner of the Southwest quarter of the Northwest South 112.86 feet, more or less, to the Southe quarter; thence West along the East-West quarter line 979.24 feet, more or less, to a point 350.0 feet Easterly of the West line of said Section 4; thence North 180.00 feet to a point; thence West 49.86 feet to the Southeast corner of that parcel described in Warranty Deed recorded August 31, 1977, as Instrument No. 7741806, records of Ada County, Idaho; thence along the East and North boundaries of the aforementioned Deed the following two courses: North 145.00 feet; thence South 89°37'15" West 300.41 feet; thence North 212.80 feet to the REAL POINT OF BEGINNING. ECEPT uarter Northwest 3XNorth,aRange 1 East, located Meridian, Southwest f tract of land County, Idaho more fully described 4, Township bed as follows:uarter, Section Beginning at the West quarter corner of Section 4, Township 3 North, Range 1 East, Boise Meridian; thence running ter section line of said Section 4 a distance of 652.98 feet North 90°00'00" East along the East-West cen to the REAL POINT OF BEGINNING; thence running North 00,00100" East, a distance of 211.00 feet to a point; thence running North 90°00'00" East, a distance of 183.74 feet to a point; thence running North 00°00'00" East, a distance of 60.00 feet to a point; thence running North 90°00'00" West, a distance of 183.74 feet to a point; thence running North 00"00'00" East, a distance of 253.61 feet to a point; thence running South 35°25'00" East, a distance of 69.02 feet to a point; thence running South 71°55'00 East, a distance of 132.00 feet to a point; thence running South 86°10'00" East, a distance of 174.90 feet to a point; thence running South 41 "20'00" East, a distance of 366.30 feet to a point; thence running South 73°35'00" East, a distance of 98.34 feet to a point; thence running South 00°00'00" East, a distance of 112.86 feet to a point on the East-West center section line of said Section 4; thence running North 90°00'00" West, a distance of 676.26 feet to the REAL POINT OF BEGINNING. ALSO EXCEPTthat portion conveyed to the State of Idaho, Idaho Transportation Board by Warranty Deed recorded March 20, 1995, as Instrument No. 95018434, of Official Records. AND ALSO EXCEPT THEREFROM any portion lying within the South Slough and Stokesberry Lateral ADA COUNTY RECORDER unrisir r D. Rich AMOUNT 16.00 BOISE IDAHO 05124111 11:14 A DEPUTY Lice Balt III IIIIIIIIIIIIIiIIl1911IIIIIIIIII III RECORDED—REQUEST OF Return to: 11 if�42396 Regency at River Valley The Regency at River Valley, LLC 11650 south State, Suite 300 Draper, Utah 84070 WARRANTY DEED FOR VALUE RECEIVED Jacom, L.C., AS TO AN UNDIVIDED 6.146% INTEREST, AS A TENANT IN COMMON GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL AND CONVEY unto: The Regency at River Valley, LLC GRANTEES(s), whose current address is: 11650 South State, Suite 300, Draper, Utah 84020 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: SEE EXHIBIT "A" ATTACHED TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s), and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) DI record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Date: �// 9 , 2011 / JACOM, L.C., a Utah limited liability company r Ja f)indlisba star Manager STATE OF UTAH ) ) ss. County of R f7/y Pal ) On this 10 day of �1 2011, before me, the undersigned, a Notary public in and for said State, personally appeared Jay B. Rindlis &cher, known or identified to me to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to rne/she/they executed the same on behalf of the applicable entity. n 1_\ ,) NOTARY PUBLIC U °AMIE ROTHEY Notary 11341 CARRIE RIM CIRCLE y SOUTH JORDAN, Ur 84095 COMMISSION EXPIRES 07/02/2011 STATE OF UTAH EXHIBIT "A" LEGAL DESCRIPTION Certain real property located in Ada County, Idaho, legally described as follows: PARCEL A tract of land located in the Southwest quarter of the Northwest quarter, Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho more fully described as follows: Beginning at the West quarter corner of Section 4, Township 3 North, Range 1 East, Boise Meridian; thence running North 90000'00" East along the East-West center section line of said Section 4 a distance of 652.98 feet to the REAL POINT OF BEGINNING; thence running North 00"00'00" East, a distance of 211.00 feet to a point; thence running North 90°00'00" East, a distance of 183.74 feet to a point; thence running North 00°00'00" East, a distance of 60.00 feet to a point; thence running North 90'00'00" West, a distance of 183.74 feet to a point; thence running North 00°00'00" East, a distance of 253.61 feet to a point; thence running South 35°25'00" East, a distance of 69.02 feet to a point; thence running South 71°55'00" East, a distance of 132.00 feet to a point; thence running South 86"10'00" East, a distance of 174.90 feet to a point; thence running South 41°20'00" East, a distance of 366.30 feet to a point; thence running South 73°35'00" East, a distance of 98.34 feet to a point; thence running South 00`00'00" East, a distance of 112.86 feet to a point on the East-West center section line of said Section 4; thence running North 90°00'00" West, a distance of 676.26 feet to the REAL POINT OF BEGINNING. PARCEL II A portion of the Southwest quarter of the Northwest quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, lying South of the centerline of what is commonly known as the South Slough, more particularly described as follows: Commencing at the Northwest corner of the Southwest quarter of the Northwest quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence South along the West line of said Section 4 a distance of 776.26 feet to the REAL POINT OF BEGINNING; thence East 300.00 feet to a point; thence North 218.05 feet to a point; thence North 83°50' East 17.43 feet to a point; thence South 66°55' East 264.90 feet to a point; thence South 35°25' East 227.70 feet to a point; thence South 71°55' East 132.00 feet to a point; thence South 86°10' East 174.90 feet to a point; thence South 41 020' East 366.30 feet to a point; thence LEGAL DESCRIPTION (continued) South 73'35' East 98.34 feet, more or less, to a point on the East line of said Southwest quarter of the Northwest quarter of Section 4; thence South 112.86 feet, more or less, to the Southeast corner of the Southwest quarter of the Northwest quarter; thence West along the East-West quarter line 979.24 feet, more or less, to a point 350.0 feet Easterly of the West line of said Section 4; thence North 180.00 feet to a point; thence West 49.86 feet to the Southeast corner of that parcel described in Warranty Deed recorded August 31, 1977, as Instrument No. 7741806, records of Ada County, Idaho; thence along the East and North boundaries of the aforementioned Deed the following two courses: North 145.00 feet; thence South 89°37'15" West 300.41 feet; thence North 212.80 feet to the REAL POINT OF BEGINNING. EXCEPT a tract of land located in the Southwest quarter of the Northwest quarter, Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho more fully described as follows: Beginning at the West quarter corner of Section 4, Township 3 North, Range 1 East, Boise Meridian; thence running North 90°00'00" East along the East-West center section line of said Section 4 a distance of 652.98 feet to the REAL POINT OF BEGINNING; thence running North 00°00'00" East, a distance of 211.00 feet to a point; thence running North 90°00'00" East, a distance of 183.74 feet to a point; thence running North 00°00'00" East, a distance of 60.00 feet to a point; thence running North 90°00'00" West, a distance of 183.74 feet to a point; thence running North 00°00'00" East, a distance of 253.61 feet to a point; thence running South 35°25'00" East, a distance of 69.02 feet to a point; thence running South 71°55'00" East, a distance of 132.00 feet to a point; thence running South 86°10'00" East, a distance of 174.90 feet to a point; thence running South 41 °20'00" East, a distance of 366.30 feet to a point; thence running South 73°35'00" East, a distance of 98.34 feet to a point; thence running South 00°00'00" East, a distance of 112.86 feet to a point on the East-West center section line of said Section 4; thence running North 90°00'00" West, a distance of 676.26 feet to the REAL POINT OF BEGINNING. ALSO EXCEPT that portion conveyed to the State of Idaho, Idaho Transportation Board by Warranty Deed recorded March 20, 1995, as Instrument No. 95018434, of Official Records. AND ALSO EXCEPT THEREFROM any portion lying within the South Slough and Stokesberry Lateral Return to: The Regency at River Valley, LLC 11650 South State, Suite 300 Draper, Utah 84020 FOR VALUE RECEIVED ADA COUNTY RECOR,DER Cb 'aoher D. Rich AMOUNT 19.00 o BD15E IDAHO 05124111 11:171 DEPUTY Lisa Ball y i pp RECORDED -REQUEST OF Regency at River Valley 111042395 WARRANTY DEED MBJR, LLC, AS TO AN UNDIVIDED 9.456% INTEREST, AS A TENANT IN COMMON GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL AND CONVEY unto: The Regency at River Valley, LLC GRANTEES(s), whose current address is: 11650 South State, Suite 300, Draper, Utah 84020 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: SEE EXHIBIT "A" ATTACHED TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s), and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Date: 'i P6 2011 STATE OF UTAH ss. County of MBJR, LLC, a Utah limited liability company Mary B. Rirrdsbacrrl nsen, Mana er On this _ day of , 2011, before me, the undersigned, a Notary public in and for said State, personally appeared known or identified to me to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same on behalf of the applicable entity. PLEASE SEE ATTACHED CALIFORNIA ❑ JURAT Notary Public [ - ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN DIEGO Mull cnnc c .. -I On Mkj I e it before me, `Niiwhl �( wJn Quh� l` Here Inserl Name and illle of Ine Olfic r personally appeared AkAyLi 2iNt�115 6R-CGIE2 �€NSfrtJ who proved to me on the basis of satisfactory evidence to be the person(g) whose name(8) is/a/e subscribed to the within instrument and acknowledged to me that hI4/she/th4 executed the same in INHWAN CHOI hj6/her/th�,6 authorized capacity(igrs), and that by Commission * 11871483 14/her/th4ir signature(5r) on the instrument the Notary Public - California a person(, or the entity upon behalf of which the Ban Diego County person(g) acted, executed the instrument. Comm. E>a Iras Doc 113, 2013 a. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Place Notary Seal Above Sionature or Notary Public e OPTlONRL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment o` this form to another document. Description of Attached Document ^ - Title or Type of Document: Gt�lln-h.�.l 1 Document Date: _C) S I It{ I Za I I Number of Pages: 3 Signers) Other Than Named Above: Capacity(ies) Claimed.by Signer(s) Signer's Name: N/A ❑ Corporate Officer—Title(s): ❑ Individual ❑ Partner —❑ Limited ❑ General Too of Thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: N/A ❑ Corporate Officer — Title(s): ❑ Individual ❑Partner — ❑Limited ❑General rop of numb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ' ___ __.... �..... ......... .,.,- ] It.. 859e7 EXHIBIT "A" LEGAL DESCRIPTION Certain real property located in Ada County, Idaho, legally described as follows: PARCEL[ A tract of land located in the Southwest quarter of the Northwest quarter, Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho more fully described as follows: Beginning at the West quarter corner of Section 4, Township 3 North, Range 1 East, Boise Meridian; thence running North 90°00'00" East along the East-West center section line of said Section 4 a distance of 652.98 feet to the REAL POINT OF BEGINNING; thence running North 00°00'00" East, a distance of 211.00 feet to a point; thence running North 90°00'00" East, a distance of 183.74 feet to a point; thence running North 00°00'00" East, a distance of 60.00 feet to a point; thence running North 90"00'00" West, a distance of 183.74 feet to a point; thence running North 00°00'00" East, a distance of 253.61 feet to a point; thence running South 35"25'00" East, a distance of 69.02 feet to a point; thence running South 71°55'00" East, a distance of 132.00 feet to a point; thence running South 86°10'00" East, a distance of 174.90 feet to a point; thence running South 41°20'00" East, a distance of 366.30 feet to a point; thence running South 73°35'00" East, a distance of 98.34 feet to a point; thence running South 00°00'00" East, a distance of 112.86 feet to a point on the East-West center section line of said Section 4; thence running North 90°00'00" West, a distance of 676.26 feet to the REAL POINT OF BEGINNING. PARCEL II A portion of the Southwest quarter of the Northwest quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, lying South of the centerline of what is commonly known as the South Slough, more particularly described as follows: Commencing at the Northwest corner of the Southwest quarter of the Northwest quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence South along the West line of said Section 4 a distance of 776.26 feet to the REAL POINT OF BEGINNING; thence East 300.00 feet to a point; thence North 218.05 feet to a point; thence North 83°50' East 17.43 feet to a point; thence South 66°55' East 264.90 feet to a point; thence South 35°25' East 227.70 feet to a point; thence South 71°55' East 132.00 feet to a point; thence South 86°10' East 174.90 feet to a point; thence South 41 °20' East 366.30 feet to a point; thence E LEGAL DESCRIPTION (continued) South 73°35' East 98.34 feet, more or less, to a point on the East line of said Southwest quarter of the Northwest quarter of Section 4; thence South 112.86 feet, more or less, to the Southeast corner of the Southwest quarter of the Northwest quarter; thence West along the East-West quarter line 979.24 feet, more or less, to a point 350.0 feet Easterly of the West line of said Section 4; thence North 180.00 feet to a point; thence West 49.86 feet to the Southeast corner of that parcel described in Warranty Deed recorded August 31, 1977, as Instrument No. 7741806, records of Ada County, Idaho; thence along the East and North boundaries of the aforementioned Deed the following two courses: North 145.00 feet; thence South 89°37'15" West 300.41 feet; thence North 212.80 feet to the REAL POINT OF BEGINNING. EXCEPT a tract of land located in the Southwest quarter of the Northwest quarter, Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho more fully described as follows: Beginning at the West quarter corner of Section 4, Township 3 North, Range 1 East, Boise Meridian; thence running North 90°00'00" East along the East-West center section line of said Section 4 a distance of 652.98 feet to the REAL POINT OF BEGINNING; thence running North 00°00'00" East, a distance of 211.00 feet to a point; thence running North 90°00'00" East, a distance of 183.74 feet to a point; thence running North 00"00'00" East, a distance of 60.00 feet to a point; thence running North 90°00'00" West, a distance of 183.74 feet to a point; thence running North 00°00'00" East, a distance of 253.61 feet to a point; thence running South 35°25'00" East, a distance of 69.02 feet to a point; thence running South 71°55'00" East, a distance of 132.00 feet to a point; thence running South 86°10'00" East, a distance of 174.90 feet to a point; thence running South 41 `20'00" East, a distance of 366.30 feet to a point; thence running South 73°35'00" East, a distance of 98.34 feet to a point; thence running South 00°00'00" East, a distance of 112.86 feet to a point on the East-West center section line of said Section 4; thence running North 90°00'00" West, a distance of 676.26 feet to the REAL POINT OF BEGINNING. ALSO EXCEPT that portion conveyed to the State of Idaho, Idaho Transportation Board by Warranty Deed recorded March 20, 1995, as Instrument No. 95018434, of Official Records. AND ALSO EXCEPT THEREFROM any portion lying within the South Slough and Stokesberry Lateral �E IDIAN-- IDAHO 33 E. Broadway Ave. • Meridian, Idaho 83642 208/888-4433 Date - Applicant (� " —z - Address Address )ter -12t /i. , • 'O -V Phone CHECK # NAME ON CHECK IF DIFFERENT THAN APPLICANT d DESCRIPTION • i I QC i I I I I I I TAX TOTAL p� PAYMENT DOES NOT INDICATE A CEPTANCE OF APPLICATION Received 21546 R.. � C� l/i� __, „ 65747 l ( ADA COUNTY RLudOER Christopher D. Rich AMOUNT 46.00 13 BOISE IDAHD 10/24/11 11:16 AM DEPUTY Gail Garrett RECORDED -REQUEST OF III I'lllll'IIII 11108590859ll'IIIIIII78 II Maddlan Title Bach Asset Management & Advisors, LLC, Ine.'. APARTMENT MANAGEMENT SPECIALISTS PROPERTY MANAGEMENT AGREEMENT This Agreement is made on this 14th day of Septemeber 2011 by and between The Regency at River Valley Apartment Community, LLC (hereinafter referred to as "OWNER") and Bach Asset Management & Advisors, LLC. (hereinafter referred to as "MANAGEMENT COMPANY AND/OR AGENT"), who mutually agree as follows: SECTION 1- APPOINTMENT AND ACCEPTANCE OF MANAGEMENT COMPANY 1.1 Appointment and Acceptance The Owner hereby appoints the management company, commencing to be estimated Summer of2012 (as soon as clubhouse and first building are available for leasing)., as Owner's exclusive managing agent to rent, lease, operate and manage on behalf ofthe Owner the property described in Paragraph 12 of this agreement(Property), andthe Management Company accepts appointment, subject to terms and conditions set forth in the Agreement. 1.2 Description of Premises The Property to be managed by the management company under this agreement is aresidential apartment complex described as follows: The Regency at River Valley Apartment Community 3400 East River Valley Street Meridian, Idaho 83646 (240 Dwelling Units and including any additional units) 1.3 Tenn ofAare ement The term ofthis Agreement shall be for an initialperiod of five (5) year beginning is estimated to be Summer of 2012 (as soon as clubhouse and first building are available for leasing). Thereafter this Agreement shall automatically remain in full force and effectualess eitherparty shall servewrittennotice thattheAgreementshall terminate sixty (60) days after receipt of such notice, providing allmoneys advancedby or owing to Management Company shall have been paid in fuQ. SECTION 2 - AUTHORITY AND OF MANAGEMENT COMPANY Management Company shall be responsible to manage and operate the Property as Owner's exclusive representative, and Owner shall give Management Company the following authority and powers (all or any of which may be exercised in the name of the Owner) and agrees to assume all expenses in connection therewith. Owner's Initi s Date I �/ Agent's Initials Date /1 PROPERTY MANAGEMENT AGREEMENT THE REGENCY AT RIVER VALLEY APARTMENT COMMUNITY Meridian, Idaho 83646 Page 2 2.1 Collection of Rents Management Company shall diligently enforce the collection ofrents, charges and other amounts receivable on Owner's account in connection with the management and operation ofthe Property, and in accordance with the terms oftenants' leases. 2.2 Security Deposits Management Company shall collect, deposit and disburse tenants' security deposits in accordance withthe terms of each tenants lease and comply, on the Owner's behalf; with all applicable state or local laws concerning the Management Company's responsibility for security deposits. 2.3 Renting of Vacant Units Management Company shall diligently attempt to,rent all vacant apartment units. 2.4 Bank Accounts and Deposits The various bank accounts established under this Agreement shall at all times be established and controlledby the Management Company for the benefit of Owner. No amounts deposited in any accounts established under this Agreement shall in any event be commingled with any other Management Company funds, Management Company shall establish and maintain an Operating and/or Reserve Account(s) forthe deposit of receipts collected on the Owner's behalf during the normal course ofmanagement ofProperty. Suchaccoum(s) shall be with a bank or similar institution whose deposits are insured by the federal government. Such depository shall be mutually selected by the Owner and Management Company. Funds in the Operating and/orReserve Account(s) remain the property of Owner, subject to disbursement of expenses by Management Company as described in this Agreement. Management Company shall not be held liable in the event of bankruptcy or failure of any depository chosen. 2.5 Payment of Debt Servicing. Property Taxes and Insurance Management Company shall promptly pay from the Operating and/or Reserve Account(s) all loan indebtedness, property and employees'taxes, special assessments and property insurance in accordance with the instructions of the Owner. 2.6 Operating Expenses From the Oper and/or Reserve Account(s), Management Company shall pay or reimburse itself for all expenses anosts of operating the Property, providedthatall non-recurring expenses, which exceed $2,500.00 per occurr e, are 4pproved by the Owner. Owner'slnitiaw_Date 9 /`f Agent's InitialsAwDate %� // PROPERTY MANAGEMENT AGREEMENT THE REGENCY AT RIVER VALLEY APARTMENT COMMUNITY Meridian, Idaho 83646 Page 3 2.7 2.8 2.9 2.10 Cash Contimencv Reserves Management Company shall maintain in the Operating and/or Reserve Account(s) an operating reserve of Twenty-five Thousand Dollars ($25,000.00) or so directed and / or so agreed upon by owner(s). Net Proceeds To the extent that finds are available after payment of all current expenses and maintaining the cash contingency reserves specified in Paragraph 2.7, Management Company shall transmit excess funds to Owner on a monthly basis as per the instructions of Owner. Leasing and Tenant Manaeemem Activities the premises or anypartthereof, and to display signs thereon; to sign, renew or cancel leases forthepremises or any. part thereof collect rents or other charges and expenses due, and give receipts thereof, to terminate tenancies and to sign and serve in the name of the Management Company such notices as are appropriate thereto; to institute and prosecute actions to evicttenams andto recoverpossession ofsaidpremises inthename ofthe Management Company and recoverrents and other sums due; andwhen expedient to settle, compromise and release such actions or suits or reinstate such tenancies. Any lease -executed for the Owner by the -Management Company shall not exceed a term of thirteen (13) months. Owner and Management Company shall mutually agree upon the form of the lease. Maintenance and Repairs Management Company shallbe responsible and is hereby authorized by Owner, to make or cause to be made all ordinary repairs and replacements necessary to preserve the Property in its present condition and for the operating efficiency thereot and all alterations requiredto comply with lease requirements, to do decoration on the premises; to negotiate contracts for non-recurring items not exceeding $2,500.00; to enter into agreements for all necessary repairs, maintenance, minor alterations and utility services; and to purchase supplies and pay all bills. Management Company shall secure the approval of Owner for any alterations or expenditures in excess of $2,500.00 for any one (1) item, exceptmonthly or recurring operating charges and emergencyrepairs in excess of the maximum, it on the opinion of the Management Company, such repairs are necessary to protect the property from damage or to maintain services to the tenants as called for by their tenancy. Owner's Initials Date 1 i 11 Agent's Initials Date PROPERTY MANAGEMENT AGREEMENT THE REGENCYAT RIVER VALLEY APARTMENT COMMUNITY Meridian, Idaho 83646 Page 2 2.1 Collection of Rents Management Company shall diligently enforcethe collection ofrents, charges and other amounts receivable on Owner's account in connectionwiththe management and operation ofthe Property, and in accordance with the terms oftenants' leases. 2.2 Security Deposits Management Company shall collect, deposit and disbursetenants'security deposits in accordancewiththe terms of eachtenant's lease and comply, on the Owner's behalf, with all applicable state or local laws concerningthe Management Company's responsibility for security deposits. 2.3 Renting of Vacant Units Management Company shall diligently attempt to,rent all vaeapt apartment vnits. 2.4 13ankAceountsandDeposits The various bank accounts established under this Agreement shall at all times be established and controlled by the Management Companyforthe benefit of Owner. No amounts deposited in any accounts establishedunder this Agreement shall in any event be commingled with any other Management Company funds. Management Company shall establish and maintain an Operating and/or Reserve Account(s) forthe deposit of receipts collected on the Owner's behalf duringthe normal course ofmanagement ofProperty. Suchaccount(s) shall be with a bank or similar institution whose deposits are insured by the federal government. Such depository shall be mutually selected by the Owner and Management Company. Funds in the Operating and/or Reserve Account(s) remain the property of Owner, subject to disbursement of expenses by Management Company as described in this Agreement. Management Company shall not be held liable m the event ofbanlauptcy or failure of any depository chosen. 2.5 Payment of Debt Servicing, Pronerty Taxes and Insurance Management Company shall promptly pay from the Operating and/or Res erve Account(s) all loan indebtednes s, property and employees' taxes, special assessments and property insurance in accordance with the instructions of the Owner. 2.6 Operating_Expenses From the Ope ' and/or Reserve Account(s), Management Company shall pay or reimburse itself for all expensesan ostso operatingtheProperty, providedthatallnon-recuningexpenses, which exceed $2,500.00 per occurr e, are pproved by the Owner. Owner's Initia Date G% I Agent's Initials Date %� �� PROPERTY MANAGEMENT AGREEMENT THE REGENCY AT RIVER VALLEY APARTMENT COMMUNITY Meridian, Idaho 83646 Page 3 2.7 Cash Contingency Reserves Management Company shall maintain in the Operating and/or Reserve Account(s) an operating reserve of Twenty-five Thousand Dollars ($25,000.00) or so directed and / or so agreed upon by owner(s). 2.8 Net Proceeds To the extent that funds are available after payment of all current expenses and maintaining the cash contingency reserves specified in Paragraph 2.7, Management Company shall transmit excess funds to Owner on a monthly basis as per the instructions of Owner. 2.9 Leasing and Tenant Management Activities thepremises or anypartthereot and to display signs thereon; to sign, renew or cancel leases forthepremises or any. part thereof; collect rents or other charges and expenses due, and give receipts thereof; to terminate tenancies and to sign and serve in the name of the Management Company such notices as are appropriate thereto; to institute and prosecute actions to evict tenants andtorecoverpossession ofsaidpremises inthe name ofthe Management Company andrecoverrents and other sums due; and when expedient to settle, compromise and release such actions or suits or reinstate such tenancies. Any lease -executed for the Owner by the -Management Company shall not exceed a term of thirteen (13) months. Owner and Management Company shall mutually agree upon the form of the lease. 2.10 Maintenance and R airs Management Company shallbe responsible and is hereby authorizedby Owner,tomake or cause to bemade all ordinary repairs and replacements necessary to preserve the Property in its present condition and for the operating of, iciencythereof, and all alterations required to complywith lease requirements, to do decoration on the premises; to negotiate contracts fornon-recurring items not exceeding $2,500.00; to enter into agreements for all necessary repairs, maintenance, minor alterations and utility services; and to purchase supplies and pay all bills. Management Company shall secure the approval of Owner for any alterations or expenditures in excess of .$2,500.00 for any one (1) item, exceptmonthly orrecurring operating charges and emergencyrepairs in excess of the maximum, if on the opinion of the Management Company, such repairs are necessary to protect the Property from damage or to maintain services to the tenants as called for by their tenancy. Owner's Initials Date f Agent's Initials Date 9I75Il// PROPERTY MANAGEMENT AGREEMENT THE REGENCY AT RIVER VALLEY APARTMENT COMMUNITY Meridian, Idaho 83646 Page 4 2.11 On-site Manaeement Employees All on-site management employees (including, but not limited to, resident manager or assistant, leasing agent and maintenance and gardening personnel) shall be employees of Owner. However, Management Company shallbe responsible on behalf of the Owner for compliance with all applicable state and federal labor laws. Management Company shallhire, discharge and supervise, all labor and employeesrequiredforthe operation and maintenance of property. Management Company shallnot be responsible for the acts, defaults or negligence of any such employees of labor if reasonable care has been exercised in their appointment and supervision. Management Company shall maintain at all times during the term ofthe Agreement, worker's compensation and employer's liability insurance covering all on-site employees at limits no less than any applicable statutory requirements. Owner shall bear the cost of such insurance coverage as to all employees working regular or temporary at the Property and Management Company shall bear the cost of such insurance coverage as to all employees of Management Company. All wages and fringe benefits payable to on-site employees, and all local, state and federal taxes and assessments (including but not limited to Social Security taxes, unemployment insurance and worker's compensation insurance) incident to the employment of such personnel, shall be paid by Management Company out of the Operating and/or Reserve Account(s) and shallbe treated as operating expenses. Management Company shallnot be liable to such employees for their wages or compensation. SECTION 3 - RESPONSIBILITIES OF OWNER 3.1 Documents and Records Owner shall promptly famish Management Company with all documents andrecords affecting the management of the Property including, but not limited to, all leases, lease amendments, correspondence, records of rental payments and mortgage loan information and payment instructions, service contracts and insurance policies. 3.2 Insufficient Cash Cont me-ncv Reserves In the event that the balance in the Operating and/or Reserve Account(s) is at any time insufficient to pay operating expenses, debt service, etc. when due andpayable, Owner shall, within five (5) working days ofnotice, remit to Management Company sufficientfands to cover the deficiency andto replenish the contingencyreserve. 3.3 Insurance Owner shall procure and maintain, or at the request and at the expense of Owner, Management Company shall procure and maintain, at all times during the term of this Agreement, fire, liability, workers compensation or any other insurance neces or the Owners protection, with Management Company named as co-insured on all Owner's Initials Date ll Agent's Inme itials V— Date PROPERTY MANAGEMENT AGREEMENT THE REGENCY AT RIVER VALLEY APARTMENT COMMUNITY Meridian, Idaho 83646 Page 5 policies,withresponsibleinsurancecompanies. Premiumpaymentsfortheforegoinginsurancecoverage shallbe paid from the Operating and/or Reserve Account(s). 3.4 indemnification Owner shall indemnify and save Management company harmless from any and all costs, expenses, attorney fees, suits, liabilities, damages or claim for damages including, but not limited to those arising out of any injury or death to any person or persons or damage to any property of any kind whatsoever and to whomever belonging, including Owner, in any way related to the management of the premises by the Management Compaay or the performance or exercise of any ofthe duties, obligations, powers or authorities herein or hereafter granted to the Management Company. 3.5 Leval Fees Owner shall pay all expenses incmedby Management Company including, but not limited to, reasonable attorney's fees and Management Company's costs and time in connection with any claim, proceeding, or suit involving an alleged violation by the Management Company or the Owner, or both, or any law pertaining to their employmerrt, credit reporting, environmental protection, rent control, taxes or fair housing, including, but not limited to any law prohibiting or making illegal, discrimination on the basis of race, sex, creed, color, religion, national origin or mental or physical handicap, provided, however, that the Owner shall not be responsible if the Management Company is finally adjudicated to have personally, and not in representative capacity, violated any such law. Nothing contained herein shall obligate the Management Company to employ counsel to represent the Owner in any such proceeding or suit SECTION 4 - BOOKEEPING AND MONTHLY REPORTING 4.1 Bookkeenine Management Company shall maintain books of accounts of all receipts and disbursements incurred in the management and operation of the Property which shall, at all times, be open to Owner's inspection upon reasonable notice. All bookkeeping shall be conducted using costs basis accounting methods. 4.2 Monthly Renortinv Management Company shall deliver to Owner, within fifteen (15) days after the end of each calendar month, a monthly statement ofreceipts, disbursements and charges regarding the operation ofthe Property. This detailed cash operating statement shall show the results of operation of the property for such month and year to date. )— Owner's Initials Date ) �/ Agent's Initials Date�/ PROPERTY MANAGEMENT AGREEMENT THE REGENCY AT RIVER VALLEY APARTMENT COMMUNITY Meridian, Idaho 83646 Page 6 ut In additionto the above cash operating statement, Management Company shall fumishotherreports, includingba not limited to, balance sheet, tenant profile analysis, listing of capital improvements, etc., from time to time as reasonably requested by the Owner. The Owner and Management Company shall mutually agree upon the format for the above reports. 4.3 Annual Budget Management Company shall submit to owner at least sixty(60) days prior to the beginning of each calendaryear, an annual budgetwhich shall include, among other things, detailed proje mlImprovements,ns oet occupancy rates, rental income, total operating income, operating expenses, repairs andreplacements, cap etc. Prior to commencement of the calendar year, Owner shall review with Management Company the above annual budget. Once the annualbudget is mutually agreedupon, Owner must approve any substantialvariation fromthe budget. SECTION 5 - FIDELITY BOND 5.1 Pidelity Band Management Company shall cause all personnel who handle or are responsible forthe safekeeping of anymoneys of Owner to be covered by a fidelity bond in an amount, and with a company, mutually determined by Management Company and Owner. Such bond shallbesecured atOwner'sexpense. Ifafidelitybondcannotbe obtained, an arrest and conviction bond shall be obtained at Owners option and expense. Owner shall hold Management Company harmless from any loss or damages by such personnel if no such bond can be obtained. SECTION 6 - MANAGEMENT COMPANY'S COMPENSATION 6.1 Management Fee A fee of 5% ofthe monthly gross receipts from the operation ofthe Property shall be paidmonthlyto Management Company from the Operating and/or Reserve Accoum(s). Gross receipts are all amounts received from the operation of the premises including, but not limited to rents, parking fees, laundry income, cleaning fees, forfeited deposits and late fees. owner's initials Date %� 11 Agent's Initials Date 911YI11 PROPERTY MANAGEMENT AGREEMENT THE REGENCY AT RIVER VALLEY APARTMENT COMMUNITY Meridian, Idaho 83646 Page 7 6.2 payroll prig Fee Management Company shall process payroll for each payroll period and report to local, state and federal agencies as required. Management Company shall be responsible for making timely depossi1employee taxes due or withheld. Management Company shall be responsible for filing quarterly reports as required. Management Company shall receive a fee for this service of the greater of 3% of the total payroll liability, including employer taxes, or $35 per payroll period. 6.3 Extraordinary Services In the event that the Owner shall request the Management Company to undertake work exceeding that usual to normal management services, then a fee shall be agreed upon for such services before the work begins. Normal management does not include refinancing, fire restoration, major rehabilitation, obtaining income tax advice, presenting petitions to planning or zoning committees, advising on proposed new construction or other counseling. SECTION 7 -REPRESENTATION AND WARRANTIES 7.1 Reines tion and Warranties Management Company does not assume and is given no responsibility for compliance of any building on the premise or any equipment therein with the requirement of any statute, ordinance, low or regulation of any governmental body or any public authority or official thereof having jurisdiction, except to notify the Owner promptly or forwardto the Owner promptly, any complaints, warnings, notices or summonsreceivedby itrelating to such matters. SECTION 8 - TERNIINATION RIGHTS 8.1 TerminationRiehts If any one of the following events of termination shall happen, then owner shall have the right to terminate this Agreement upon ten (10) days written notice to Management Company given at any time after the grace eriod applicable thereto, and thereupon this Agreement shall terminate upon the expiration of such ten (10) day pperiod Owner's Initis 0 Date Agent's Initials Date PROPERTY MANAGEMENT AGREEMENT THE REGENCY AT RIVER VALLEY APARTMENT COMMUNITY Meridian, Idaho 83646 Page 8 A) Management Company shall fail to keep, observe orperform any material covenant, agreement orprovision oftbis Agreement to be kept, observed or performed by Management Company and such default shall continue for a period of thirty (30) day after written notice of owner, provided that if either the event of condition causing default shall be deemed to have occurred if within such thirty (30) day period Management Company shall have commenced the curing of such default and thereafter shall proceed with all reasonable diligence to complete the same; B) If Management Company shall be dissolved for any reason whatsoever; C) If Owner shall sell or otherwise dispose of their interest in all or substantially all, of the Property, or; D) If Management Company shall apply for or consent to the appointment of a receiver, trustee, or liquidator of Management Company or of all or a substantial part of its assets, file a voluntary petition in bankruptcy or admit in writing its mabilityto pay its debts as they come due, make a general assignment forthe benefit of creditors, file a petition or an answer seeking reorganization or arrangement with creditors or to take advantage of insolvency law, or file and answer admittingthe material allegation of apetition filed against Management Company in any bankruptcy, reorganization or insolvency proceedings, or in an order, judgment or decree whichmaybe enteredby any court of competent jurisdiction, on the application of a creditor adjudicating Management Company as bankrupt or insolvent or approving a petition seeking reorganization of Management Company or appointing a receiver, trustee, liquidation of Management Company or of all or a substantial part ofthe assets ofiYfanagement Company, and such order, judgment or decree shall continue unstayed and in effect for any period of sixty (60) consecutive days. 8.2 Termination Right of Management Company If any of the following events shall happen, then Management Company shall have the right to terminate this Agreement upon ten (10) days written notice to Owner given any time after the grace period applicable to any such event, and thereupon this Agreement shall terminate upon the expiration of such ten (10) day period: A) Owner shall fail to provide fiords to be deposited in the Operating and/or Reserve Account(s) and such failure shall continue for a period of ten (10) days after written notice by Management Company requesting that such fiords be so provided; B) Owner shall fail to keep, observe or perform any material covenant, agreement, term or provision of this Agreemeatto be kept, observed or performedby Owner and such default shall continue for a period ofthirty (30) days after written notice thereof by Manager to Owner; C) If Owner shall be dissolved or liquidated for any reason whatsoever; Owner's Initial Date / Agent's Initials _ �_ Date _ �� PROPERTY MANAGEMENT AGREEMENT THE REGENCY AT RIVER VALLEY APARTMENT COMMUNITY Meridian, Idaho 83646 Page 9 D) If Owner shall apply for or consent to the appointment of areceiver, trustee, or liquidator of Owner or of all or a substantialpart of its assets, file avolumarypetition in bankruptcy or admit in writing its inability to pay its debts as they come due, make a general assignment for the benefit of creditors, file a petition or an answer seeking reorganization or arrangementwith creditors or to take advantage of insolvency law, or file and answer admitting the material allegation of a petition filed against Owner in any bankruptcy, reorganization or insolvency proceedings, or in an order, judgment or decree whichmaybe enteredby any court of competent jurisdiction, on the application of a creditor adjudicating Owner as bankrupt or insolvent or approving a petition seeking reorganization of Owner or appointing areceiver, trustee, liquidation ofOwner or of all or a substamialpart ofthe assets of Owner, and such order, judgment or decree shall continue unstayed and in effect for any period of sixty (60)consecutive days. 8.3 Surrender of Owner's Records Management Company shall surrender to Owner the records and documents in Management Company's possession relating to the management of the Property within five (5) days of either the expiration or termination of this Agreement. SECTION 9 - NOTMCATION 9.1 In -Writing Address All notices, demands, consents andreports provided for in this Agreement shallbe in writing andshallbe given to the otherparty at the address set forth below or at such other address as either ofthe parties hereto may hereafter specify in writing: Owner: The Regency at River Valley Apartment Community 11650 South State Street, Suite 300 Draper, Utah 84020 Management Comnanv: Bach Asset Management & Advisors, LLC. 11650 South State Street, Suite 300 Draper, Utah 84020 9.2 Method ofNotification Such notice or other communicationmay be mailed by United States mail, postage prepaid, or by a responsible overnight delivery service, such as Federal Express. Ifmailed, then suchnotice or other communication shallbe deemed to have been received by the addressee on the third day following the date of such mailing. If sent overnight delivery service, then such notice or communication shall be deemed to have been received on the next day following the da 6 o such sending. I / Owner's Initials Date I7 Il Agent's Initials Date JZlY&I PROPERTY MANAGEMENT AGREEMENT THE REGENCY AT RIVER VALLEY APARTMENT COMMUNITY Meridian, Idaho 83646 Page 10 Such notices, demands, consents and reports may also be delivered by hand, or by any other method or means permitted bylaw. SECTION 10 - GENERAL PROVISIONS 10.1 Binding Agreement This Agreement shall be binding, and shall inure to the benefit of the successors of BACH ASSET MANAGEMENT & ADVISORS, LLC, andthe heirs, administrators, executors, successors and assigns ofthe Owner. 10.2 Prevailing Partv In the event a lawsuit is instituted to enforce the terms of this Agreement, the prevailing party therein shall be entitled to reasonable attorney's fees and costs. 10.3 Invalid Provisions Any provision ofthe Property Management Agreementwhich shall prove to be invalid, void or illegal in no way effects, impairs or invalidates any other provision hereof, and such provision shall remain in full force and effect. 10.4 Enforcement of Agreement This Agreement, its interpretation, performance and enforcement and the rights and remedies of the parties hereto, shall be governed and construed by and in accordance with the law of the State of Utah THE PARTIES ACKNOWLEDGE HAVING READ THE FOREGOING PRIOR TO EXECUTION I NT COMMUNITY Ii 44)lwW0 l 4Q Date: %1 Management Company: B/ACH ASSET MANAGEMENT & ADVISORS, LLC By: k t^!� Title: eG7hev Date: V-117411 Owner's Initials Date I Agent's Initials fU/F/ Date STATE OF UTAH ) ss. COUNTY OF SALT LAKE ) The foregoing instrument was acknowledged before me this 14th day of September, 2011, by Greg Rindlisbacher, Managing Member of The, Regency at River Valley Apartment Community and Brian Rindlisbacher, member of Bach Asset Management & Advisors, LLC.. ,! 111,.E "�"� HfQIQtgLEMINQ 3 �Q AOTANYPUBtIC•57ATEWUTAH ��5 COMMI8810N N0.577732 COMM. EXP. 02/23/2013 PROPERT3iMSCRIPTION PARCEL B A parcel of land being a portion of the SW 1/4 NW 1/4 of Section 4, Townabip 3 North, Range I East, Boise Meridian, Ada County Idaho, as shown on that certain Record of Suzvoy No. 6638, recorded as Instrument No.104124018 on Sept. 28, 2004 in the Office of the Recorder of Ada County, Idaho, by Anderson Survey Group, Inc. for Brian Weiss, more particularly described as follows: Commencing at the SW comer of said SWIM NW114, (W1/4 comer. of Section 4), said comer monumented with abrass dish Thence S. 890 45' 23" E. a distance of 350.01 feet to the POINT OF BEGINNING, said point monumented with a found 5/8 -inch diameter iron pin; Thence N 000 36' 08" E. a distance of 180.00 feet parallel with the westerly boundary, of said SW 1/4 NW 1/4 to a found 5/8 -inch diameter iron pin; Thence N. 890 45' 23" W. a distance of 49.86 feet parallel with the sontherlyboundary of said SWl/4 NWIM to a found 5/8 --inch diameter iron pin; Thence�N. 000 36' 08" E: a distance of 145.00 feet parallel with the westerly boundary of said SW 1/4 NW 1/4 to a found 5/8 -inch diameter iron pin; Thence N. 000 33' 54" E. a distance of 217.06 feet to a found 5/8 -inch diameter iron pin; Thence N. 000 36' 08" E. a distance of 218.08 feet parallel with the westerly boundary of said SW 1/4 NW 1/4 to a point that fails in the South Slough; Thence along said South Slough the following courses and distances; Thence N. 840 26' 08" E. a distance of 17.43 feet to a point; Thence S. 66018' 52" E. a distance of 264.00 feet to apoint; Thence S. 340 48' Sr E. a distance of227.70 feet to a point; Thence S. 71016' 52" E. a distance of 132.00 feet to a point; Thence S. 850 33' 52" E. a distance of 174.90 feet to a point; Thence S. 400 43' S2" E. a distance of 364.98 feet to a point; Pagel oft Thence S. 72° 58' 52!'B. a distance of 99.25 feet to a point on the easterly boundary of said SWI/4 NWl/4; Thence leaving said slough, S. 00° 37' 52" W. a distance of 111.66 feet along said easterly boundary to The SE comer of said SWIM NWl/4, said cornermonumented with a found 5/8-4nch diameter iron pin; Thence N. 890 45' 23°' W. a distance of 978.33 feet along the southerly boundary of said SWI/4 NWI/4 to the POINT OFBEGINNING. This parcel contains 10,56 acres snore or less. Also, this parcel is subject to all easements and rights-of-way of record or implied. Pagezof2 tz i Oil } 5011 � 3 `4 • ' I n _ice tet. � �� I lgs ♦ O h: I. DO i w►ll �/. .:-• I .. a ..SY.�; ' " 'I sf g� a s O. ►� ..'\t) \� /. t� YCi`£ S 4Y