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Application~irERIDIAN> \DAHO Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To ensure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: 29-Mar-12 Transmittal Date: March 12, 2012 File No.: CUP 12-003 Hearing Date: April 5, 2012 Request: Public Hearing-Conditional Use Permit approval to construct and operate a wireless communication facility consisting of five (5) 120-foot high monopole stealth towers and five (5) equipment shelters in an L-O zoning district for Capital Christian Wirelss Communication Facility By: Tony Wilson, SDI, Inc. Location of Property or Project: 2760 E. Fairview Avenue Joe Marshall (No FP) Scott Freeman (No FP) Steven Yearsley (No FP) Michael Rohm (IVo FP) Tom O'Brien (IVo FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Brad Hoaglun, C/C Keith Bird, C/C David Zaremba C/C Sanitary Services (No va,R, vac, FP> Building Department /Rick Jackson Fire Department Police Department City Attorney City Public Works/Scott Steckline City Planner Parks Department Economic Dev. City Engineer Meridian School District (No FP) Meridian Post Office (FP/PP/sHP only> Ada County Highway District Ada County Development Services Central District Health COMPASS (Comp Plan only) Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,CUP/SHP only) QWest (FP/PP/SHP only) Intermountain Gas (FP/PP/SHP only) Idaho Transportation Dept. (No FP> Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District Boise Project Board of Control /Tim Page Your Concise Remarks: City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 •Fax 208-888-4218 • www.meridiancity.org h ' • • E IDIAN.~- ~ la 1.1 Planning Department COMMISSION & COiJNCIL REVIEW APP LION ~, ~~~, . Type of Review Requested (check all that apply) ^ Alternative Compliance ^ Annexation and Zoning ^ Comprehensive Plan Map Amendment ^ comprehensive Plan Text Amendment [Conditional Use Permit STAFF USE ONLY: ^ Conditional Use Permit Modification ^ Design Review File number(s):. ~ ~t ~ ~ ~ '~~ ^ Development Agreement Modification ^ Final Plat ^ Final Plat Modification Project name: ^ Planned Unit Development Date filed: ~ -5-f ~ Date com Iete: ~ ~ ~~ ~- ^Preliminary Plat ^ Private Street Assigned Planner: ' ~'~ ~ al~n'S ^ Rezone Related files: ~ 2C " dam" ©!5/ i ^ Short plat ~~ T7 ` ~ ~~ ^ Time Extension (Commission or Council) 77 ^ UDC Text Amendment Hearing date: ~- ~' I~ commission ^ ^ Vacation (Council) ^ Variance Council ^ Other Applicant Information Applicant name: ! ~ N ~ ~ • ~ ~ [so ~ Phone: ~7f-`td L/oZ Fax 8b (~'" 3S7" ~g3S~ Applicant address: ~Q(D ~ ~- ~-~T~-~ ~~, I~al ~' Zip: 3 ~©fv E-mail: !i9~ ISo~SQ~~~G2 ~O~pC~,up ~/(/~ i Applicant's interest in property: ^ (Own rr^ Rent ^ Optioned (8l Other Owner name: ~0.~ i C 1F~,f~ ~ tl~+~ ~ Phone: Fax: `-- Owner address: .. ~"~ Zip: ~~~~- E-mail "~-' Agent name (e.g., architect, engineer, developer, representative): S'~'t'^~ "~ ~-Pp f t Cc~ Firm name: 5 fl ~' rN ~ Phone: 3 ~~ -°0(11-Fax: Address: ~ lrJfa ~ ~ L.a-.~-~ ~ ~~~~ Zip: ~ 3 ~ E-mail: /~u-.~ S~'1~YA ~ ~ ~•~-t, s7P- Primary contact is: l~Applicant ^ Owner ^ Agent ^ Other _ Contact name: ~ N ~(' V~ 1 two ~ .,~ n Phone: 3 7~ - ad ~~ Fax: ~' ~~ ~ 3~' Contact address: 1 a ~ $ ~ . ~ . ~17 ! ~ d-cY Zip: ~:~~ao E-mail: Gc; ~ ~So~U 5 A.~ 7~ ~ cat ~[~' n'~'E' ~V t'_ I"~ Subject Property Information Location street address: ~. 7 ~ ~ ~ ~ ~ 1 Q ~Ul '~'-•t.J ~~o y ~ 4 ~-e~ Assessor's parcel number(s): .~ ~ ~ Q S ~{ 3 ~ ~~ S~ Township, range, section: S ~. ~ /Wi , ~ Total acreage: ~ j..S~ Current land use: C ~~~~ Current zoning district: ~. - 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 y ProjecC Description • Project/subdivision name: ~ t S ~ N ~lCU~! ~ ~ 0.y PO ~'e L _ Gener(al~description(o-fproposed project/request: rim tD ~'f' S ~ R ~ ~ (~U ~/°~ ~~° S S ~ ( ~"'C t+t~ l \ 1.. 1 N ti S ~ ` k 7 S t ~c ~ ~ .(i Q~p Ci Proposed zoning district(s): Acres of each zone proposed: Type of use proposed (check all that apply): ^ Residential 1~ Commercial ^ Office ^ Industrial ^ Other Amenities provided with this development (if applicable): A o ~ '~ ~ ¢ ~ ~ e P ~// ~ P ~ ~ 1 ~ ~P R Who will own & maintain the pressurized irrigation system in this development? ~ 4 ~ r7l (O/2. Which irrigation district does this property lie within? ~ ~~ Primary irrigation source: C.C~, t.~.7~ Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) ~ ~~ Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: 2 or more Bedrooms: Minimum square footage of structure(s) (excl. garage): Proposed building height: Minimum property size (s.fj: Average property size (s.f.): Gross density (DU/acre-total land): Net density (DU/acre-excluding roads & alleys): Percentage of open space provided: Acreage of open space: Percentage of useable open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ^Single-family ^ Townhomes ^ Duplexes ^Multl-family Non-residential Project Summary (if applicable) /U 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: Building: Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: Number of compact spaces provided: Authorization Print applicant name: ~ N y U _~/ i (So ~ Applicant signature: Date: 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 • • 1068 E. Carter Boise, ID 83706 208 371-0042(mobile) 1.866.351.4935(fax) Wilsonsdi2@cableone.net Sine Development of Idaho, Inc. February 2, 2012 Meridian Planning Department 33 E. Broadway Meridian, ID 83642 Re: Proposed wireless stealth site (flagpoles) Capital Christian Center To Whom It May Concern, Michael Eisenman and the leaders of the Capital Christian Center are proposing to locate a five flag pole wireless stealth site on the property at 2760 E. Fairview Ave. This site wilt be in the middle of their property at the very north end of the paved area and on the very east side of the property. What is being proposed will consist of five 120' tall flagpoles with antennas inside the poles. The poles will be approximately 24" in diameter at the base and 20" at the top. The antennas will be inside the flagpole along with the coax cables no nothing will be visible from the outside. Due to having to stack the antennas and their height only being 120' each pole wilt be leased to one carrier. Each carrier will have the option of placing their ground equipment on a concrete pad or within a shelter; the carrier will handle the placement and construction of the ground equipment. We will surround the lease area with a 6' high vinyl fence with a 12' gate located on the south side of the lease area near the west end. We will landscape a 5' buffer area as required by the ordinance with irrigation coming from the existing water system currently used by the church for their grass area. Our plan is to get the zoning approved and then go to the carriers for leases. In this industry the main concern by the carriers to committing to a site is the zoning. This location is located directly next to the busiest intersection in the State of Idaho and once the area is fully developed with commercial properties there will be a strong need for wireless to reach into the retail and commercial buildings that are being planned to the east ,north, south, and west of the site. Due to these factors we anticipate a great demand to locate at this site by all the major carriers. Sincerely, Tony D Wilson SDI, Inc., agent for Michael Eisenman/Capital Christian Center ~ ~ ~ ~ ~ ~ ~ ~ ~ Meridian Planning Department 33 E. Broadway Meridian, ID 83642 Re: Proposed wireless stealth site at Capital Christian Church To Whom It May Concern, • February 2, 2012 As owner of the proposed site I will allow collocation of multiple carriers within each flagpole as required by the City of Meridian Wireless Ordinance. However, it must be noted that by building a site with the use of stealth towers, flagpoles, the amount of space within the poles is limited and the collocation may be prohibited by the use of 120' tall poles. Sincerely, ~ r Mike Eisenman, owner Meridian Planning Department 33 E. Broadway Meridian, ID 83642 Re: Wireless Ordinance: 11-4-3-43 ;Response to requirements D. Required Documentation: 1. Documentation from a qualified and licensed engineer showing that the proposed facility will be in compliance with the FDD standards regarding radio frequency (RF) emissions. This will be provided by each carrier prior to the issuance of a certificate of zoning. 2. A report from a qualified and licensed structural engineer that describes the tower height and design. This will be provided by each carrier prior to the issuance of a certificate of zoning. 3. Provided. 4. A statement regarding compliance with regulations administered and enforced by the federal aviation administration (FAA). This will be provided by each carrier prior to the issuance of a certificate of zoning. 5. Propagation charts; Each carrier will provide propagation charts prior to being issued a certificate of zoning. 6. A written analysis demonstrating that the proposed site is the most appropriate site within the immediate area. See below. Appropriate for the area. The proposed project will greatly improve the in building coverage for wireless users within the area of the intersection of Fairview and Eagle Roads. Currently the closest wireless tower is approximately % miles to the southeast and a smaller stealth tower is located'/: mile to the west. With the new construction on the northeast corner and proposed on the northwest corner the current in building coverage will lessen. With newer technology involving the use of data transfer stronger signals are required to operate. By locating on the church property and by using a stealth site we are meeting the needs of the carriers and their customers but also being good neighbors by the use of flagpoles. With a flagpole you are limited in the number of carriers that can locate inside the pole so we are proposing 5 flagpoles to meet the demands of the carriers but also it will be a very pleasant look for the area • • c. The surrounding property is; farmland to east, commercial to the south, and residential to the north and west. The topography is flat. d. Impediments to tower coverage. With the building of new construction on the northeast corner of the intersection the in building coverage will not be adequate to meet the needs of the 4-G and other wireless uses. This site will be able to meet those requirements due to it being directly to the west of that construction and when the northwest corner is developed the site will also benefit those in building needs as well. e. Physical restraints for construction. This is perfect area to build such a site. It is at least 500' from the nearest home and will be close to the new construction in the area. Also, there is power and telephone in the immediate area as well as an irrigation system for the landscaping required by the ordinance. f. Technical limitations of the poles. The use of flagpoles limits the number of carriers per pole greatly. Due to the fact that the cables and the antennas are inside the pole and will be stacked on top of each other the amount of antennas is limited. We feel that we can locate one carrier per pole but two will not be possible without installing flagpoles in the 150' range. geoAdvantage Proper~rofile Ada County Parcel Information Parcel ID # S1105438515 Property Address: 2760 E Fairview Ave Property City/Zip: Meridian 83642 Property Type: Commercial Owner Information: Owner Name: Capital Christian Center Inc Second Owner: Mail Address: 2760 E Fairview Ave Meridian, ID 83642-0000 Assessor Informatio n Legal Description: PAR #8515 SW4SE4 SEC 5 3N lE #438514-B Subdivision: 3N lE 05 Lot/Block: / Section: 05 Acres: 21.5090 Irrig District: SETTLERS IRR Tax Code Area: Levy Rate 2008: Levy Rate 2009: Levy Rate Change: Zoning: City of Meridian-L-O Homeowner $0 Exemption: Land Information Residential Acres: 0 Water Source: View: Utilities: Commercial Acres: 21.509 Sewer: Water Influence: Topography: Assessor Categories Brandi Barley Meridian Office Administrator 1940 S. Bonito Wsy, Suite 190 Meridian, Idaho 83842 phone:208.493r6360 fax: 886.663-6096 www.tltleonecorp.com Year Cat. Description Acres Value 2011 210 COM LOT OR TRACT 21.509 $ 2011 420 COM IMPROVEMENT 0 $ Totals: 21.509 $ Other Acres: 0 Street: Sidewalks: N Curbs and Gutters: N Water Frontage: 0 Corner: N Commercial Characteristics Category: 420 Year Built: 1993 Business Name: Church Stories: 1 Units: 0 Leaseable Sq. Ft.: 0 Ground FI. Sq. Ft.: 40000 Total Sq. Ft.: 40000 Used Acres: 0 Total Acres: 0 http://geo.sentrydynamics.net/ID AdalParcelList_Batch.aspx?Par... 3/6/2012 Page 1 of 1 ~. RECORDATION REQUESTED BY: Bank of the Cascades Garden Cky Branch 4128 Adsms Strast Garden Clty, ID 83714 DADA COUNTY RECORDpI J. DAVID NAVARRO E IDAHO 07121107 02'25 PM _-_. AMOUNT 24.00 8 WHEN RECORDED MAIL T0: Bank of the Cascsdss Garden City Brandr 4728 Adsms Strost Garden City, ID 83714 DEPUTY Uas Irby sole ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ RECORDED-REOUEBT OF 187106386 Pianaer o(O~U T1 `~ SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY .,e;~~ANK OF THC CASCADES DEED OF TRUST THIS DEED OF TRUST is dated July 25, 2007, among CAPITAL CHRISTIAN CENTER INCORPORATED, AN IDAHO CORPORATION, whose address is 2760 E FAIRVIEW, MERIDIAN, ID 83642.7391 ("Grantor"1; Bank of the Cascades ,whose address is Garden City Branch, 4128 Adams Street, Garden City, ID 83714 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"1; and Pioneer Title Company# whose address is 8151 W Rifleman Ave, Boise, ID 83704 (referred to below as "Trustee"1.* of Ada County CONVEYANCE AND GRANT. For valuable eonsWeradon, Grantor dws hereby Irrsvacably grant, bargain, eeN and convey in trust, whh power o1 saki, to Trustee for tM benefit of Lsndsr se BeneBdary, all of Grantor's right, title, and Interest in and to the following described reel property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; ell easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rlghtsl; and all other rights, r0yaltiaa, end profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similsr matters, (the "Real Property") located in ADA County, Stste of Idaho: See EXHIBIT "A", which is attsched to this Deed of Trust and made a part of this Deed of Trust as if fully ast forth herein. The Real Property or its address is commonly known as 2780 E FAIRVIEW AYE, MERIDIAN, ID 83842. CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligatlona, debts and liabilities, plus Interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or maro of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. REVOLVING LINE OF CREDIT. Thb Dead of Trust secures the Indebtedness including, without gmkaGon, a revolving Nm of crsdh, whkh obligates Lender to make advances to O-antor so long as Grantor compNes with aN the terms of the Note. Grantor presently assigns to Lender false known as Beneficiary in this Dsed of Trust) all of Grantor's right, title, end interest in and to all present and future leases of the Property and ell Rents from the Property. In addition, Grantor Brenta to Lender a Uniform Commercial Code aeouriry interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTERE8T IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE IAI PAYMENT OF THE INDEBTEDNESS AND IB) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERM8: PAYMENT AND PERFORMANCE. Except ae otherwise provided In this Deed of Trust, Grantor shall pay to Lender ell amounts secured by this Deed of Trust as they ltecoma due, end shalt strictly and in a timely manner perform all of Grantor's obligatlona under the Note, this Deed of Trust, and the Related Documen[s. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession end use o} the Property shell bs governed by the following provisions: Possession and Uss. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of tho Property; 121 use, operate or manage the Property; and 131 collect the Rents from the Property. The following provisions relate to the use or the Property or to other limitations on the Property. THE REAL PROPERTY EITHER IS NOT MORE THAN FORTY 140) ACRES IN AREA OR IS LOCATED WITHIN AN INCORPORATED CITY OR VILLAGE. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all tepain, replacements, and maintenance necessary to preserve its value. Compliance With Envkonmental Laws. Grantor represents and warrants to Lander that: itl During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazsrdow Substance by any person on, under, about or from the Property; 121 Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, lal any breech or violation of any Environmental Lswa, Ibl any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or Icl any actual or threatened litigation or claims of any kind by any person relating to such matters; and 131 Except as previously disclosed to and acknowledged by lender in writing, Ia1 neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shell use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or }rom the Property; and (bl any such activity shall be conducted in oomplianca with all applicable federal, state, end local laws, regulations and ordinances, including without limitation ell Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, ss Lsndsr may deem appropriate to determine compliance of the Properly with this section of the Deed of Trust. Any inspections or tests made by Lander shell be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Orsntor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby 111 releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costa under any such laws; and l21 agrees to indemnify, defend, end hold harmless Lender against any and all claims, !oases, liabilities, damages, panellise, and expenses which Lender may directly or Indirectly suataln or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction end reconveyanca o1 the lien of this Deed of Trust and shell not be affected by Lender's acquisition of any interest in the Property, whether by forecksure or otherwise. Nuisance, Wash. Grantor shall rat cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste On or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals !including oil and gas), coal, clay, scoria, soil, gravel or rock products whhout Lander'a prior ~ED OF TRUST • Loan No: 720006992 (Continued) Page 2 written consent. Removal of ImprovameMS. Grantor shall not demolish or remove any Improvements Irom the Real Property without Lender's prior written consent. Aa a condition to the removal of any ImprovemeMS, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and lender's agents end representatives may enter upon the Real Property at all reasonabb times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms end conditions of this Deed of Trust. ComDllenca with Oowmmsntal RequlrerneMS. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, ~ reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those r- ,__ ogle eQt_LolSh.alzova.in tbissection,~hich_from.the-oharaetar-and-use of the~Property-are-reasonablyneceasary td~i"rotect an~p~eseive tAe Property. OUE ON SALE -CONSENT BY LENDER. Lender may, at lender's option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any pan of the Real Property, or any interest in the Real Property. A "sale or transfer' means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three 131 Years, lease-option contract, or by sale, assignment, or traisfer o} any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Grantor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent 125%1 of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by federot law or by Idaho law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due land in all events prior to delinquency) ell taxes, special taxes, assessments, charges lincludirtg water entl sewerl, ttnea and impositions levied against Or on account of the Property, and shall pay when due all claims for work done on or for services rendered or materiel furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and easesaments not due, except for the Existing Indebtedness referred to below, and except as otherwise provided in this Deed of Trust. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a resuh of nonpayment, grantor shall within fifteen 1161 days after the lien arises or, if a lien is filed, within fifteen (151 days after Grantor has notice of the filing, secure the discharge of the Ifen, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond dr other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse lodgment before enforcement against the Property. Grantor shall name Lender es en additional obligee under any surety bond furnished in the contest proceedings. Evidence of Psymsnt. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fHteen 115) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Daed of Trust. Matntensnce of Insurance. Grantor shall procure and maintain policies of lira insurance with standard extended coverage andoreemente on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid aDPliCation of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, Including stipulations that coverages will not be cancelled or diminished without at least ten (101 days prior written notice to Lander. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Properly is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Appllcstion of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property if the estimated cost of repair or replacement exceeds 8500.00. Lender may make proof of lose if Grantor fails to do ao within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any Insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvamanta in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is rwt in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lerxler under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in Lull of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in etlact, compliance with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the insurance provisions under this Deed of Trust, to the extent compliance with the terms of this Deed of Trust would constitute a duplication of insurence requirement. If any proceeds from the insurance become payable on lose, the provisions in this Dsed of Trust for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall }urnlah to Lender a report on each existing policy of insurance showing: 11) the name of the insurer; 12) the risks insured; 131 the amount of the policy; 141 the property insured, the then current replacement value of such property, and the manner of determining that value; and 161 the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially aflect Lender's interest in the Property or if Grantor (ails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Grantor's failure to comply with any obligation to maintain Existing Indebtedness in good standing as required below, or to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property end paying all coats for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes-will then bear interest at the rate charged under the Note from the K :. • • { ` ) . j • ' ~ ~EED OF TRUST Loan No: 720006992 (Continued) Page 3 data incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness end, at Lender's option, will IAI be payable on demand; ISI be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either I11 the farm of any applicable insurance policy; or 121 the remaining term of the Nots; or ICI be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of 7ruat: Title. Grantor warrants that: fat Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all I'~ens and encumbrances other than those set forth in the Reai Property description or in the Existing Indebtedness section below or In any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and Ibl Grantor has the full right, power, and authority to execute and deliver this Oaed of Trust to Lender. Detente of T1tN. Subject to the exception in the paragraph above, Grantor warrants end will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall ba entitled to participate in the proceeding and to be represented in the proceeding by counsel of lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance Wkh Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Reprewntations and Warranties. All representations, warranties, end agreements made by Grantor in this Deed of Trust shell survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shell remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Daed of Trust: Existng Lisn. The lien of this Daed of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such indebtedness. No Modigcatbn. Grantor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security agreement which has priority over this Dead of Trust by which that agreement is modified, amended, extended, or renewed without the prior written consent of Lender. Grantor shall neither request nor accept any future advances under any such security agreement without the prior written consent of Lender. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation ie tiled, Grantor shell promptly notify Lender in writing, and Grantor shell promptly take such steps as may be necessary to defertd the action and obtain the award. Oramor may be the nominal parry in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation ea may be requested by Lerxfer from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costa, expenses, and attorneys' tees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The folowing provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Tsxss, Fees end Charges. Upon request by Lender, Grantor shall execute such documents in addtion to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording ar register{ng this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: 111 a specific tax upon this type of Deed of Trust or upon all ar any part of the Indebtedness secured by this Deed of Trust; 121 a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; 131 a tax on this type of Deed of Trust chargeable against the Lander or the holder of the Note; and 141 a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Tsxss. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this evert shall have the same effect as an Event of Default, and Lertder may exercise any or all of its available remedies for an Evart of Default es provided below unless Grantor either 111 pays the tax before it becomes delinquent, or 121 contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust ea a security agreement ere a part of this Deed of Trust: Sseurity Agreement. This instrument shall constitute a Security Agreement to the extent any of the PropeM/ constitutes fixtures, end Lender shall have all of the rights of a secured party under the Uniform Commercial Cade as emended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action fa requested by Lender to perfect and continue Lender's security interest in the Rents end Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor end Lender end make it availabb to Lender within three 131 days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party( from which information concerning the security interest granted by this Oaed of Trust may be obtained leach as required by the Uniform Commercial Code) ors as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-MI-FACT. The following Drovisiona relating to further assurances and attorneyin•fact are a part of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, raffled, or rerecorded, as the case may be, at such times and in such offices and Dlaces as Lerlder may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of turthor assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve 111 Grantor's obligations under the Note, this Geed of Trust, and the Related Documents, and 121 the liana and security interests created by this Daed of Trust on the Property, whether now owned or hereafter acquired by Oramor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse lender for all coats and expenses incurred in connection with the matters referred to in this paragraph. Attorney-in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and In the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-tact for tho purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lsnder't tole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations Imposed upon Grantor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reeonveyance end shall execute end deliver to Grantor tuitabls statements of termination of any financing statement on file evidencing Lender's security intareat in the Rems end the Personal Property. Any reconveyance fee required by law shall be paid by Grantor, if permitted by applicable law. ~D OF TRUST • Loan No: 720008992 (Continued) Page a EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Other Defauks. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant ar condition contained in any other agreement between Lender and Grantor. Compliance Default. Failure to comply wish any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents. Dsfsuk on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or et the time made or furnished or becomes false or misleading at any time thereafter. Defeedve CoBetarall:ation. This Daed of Trust or any of the Related Documents ceases to be in full force and effect (including failure o1 any collateral document to create avalid-and perfected security intereat~or lien) at any time and for any reason. Insolvency. The dissolution or termination of Grantor's existence as a going business, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment far the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Gramor. Credkor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the beefs of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, es being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breech by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Evems Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity ot, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is not made within the time required by the promissory note evidencing such indebtedness, or a default occurs under the instrument securing such indebtedness and is not cured during any applicable grace period in such instrument, or any suit or other action is commenced to foreclose shy existing Ifen on the Property. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, et any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Notice of Defeuk, In the Event of Default Lender shall execute or cause the Trustee to execute a written notice of such defauk and of Lender's election to cause the Property to be sold to satisfy the Indebtedness, and shall cause such notice to be recorded In the office of the recorder of each county wherein the Real Property, or any part thereof, is situated. Ekedon of RemedNs. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and en election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform, shell not affect Lender's right to declare a default and exercise its remedies. Accskrats Iralebtednsss. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Grantor would be required to pay. Foreclosure. With respect to ell or any part of the Real Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect ReMS. Lander shall have the right, without notice to Grantor to take possession of and manage the Property and collect tM Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-In-tact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shell satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Reeelver. Lender shall have the right to have a receiver appointed to take possession of ell or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over end above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Tenancy at Sufhrsncs. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, et Lender's option, either 111 pay a reasonabb rental for the use at the Property, or 12) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided In this Deed of Trust or the Note or available at few or in equity. Notice of Sale. Lender shall give Grantor reasonable notice of the time end place of any public solo of the Personal Property or of the Ume after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten 1101 days before the time of the sale or disposition. Any sale of the Personal Property may bs made in conjunction with any sale of the Real Property. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all rights to have the Property marshalled. In exercising its rights end remedies, the Trustee or Lender shall ba free to sell all or any part of the Property together or ssparstsly, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of sale having been given as then required by law, and not less than the time required .by law having elapsed, Trustee, without demand on Grantor, shall sell the property at the time and place fixed by it in the notice of sale at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee shall deliver to tpe purchaser his or her deed conveying the Property so sold, but without any covenant or warranty express or implied. The recitals in sucp deed of any matters or facts shall be conclusive proof of the truthfulness of such matters or facts. After deducting all costa, fees and expenses of Trustee and of this Trust, including cost of evidence of title and reasonable attorneys' fees, including those in connection with fife sale, Trustee shall apply proceeds of sale to payment of lal ell sums expended under this Deed of Trust, not than repaid with interest thereon as provided in this Deed of Trust; Ibl all Indebtedness secured hereby; and lcl the remainder, if any, to the parson or persons legally entitled thereto. •• ~ ~ ~ • ", t j • ~EED 0~..~RUST Login No: 720006992 (C~I~ir9d[ ~~;''•., Page 6 Attorneys' Fess; Expanses. It Lender institutes any suit or do o ~~A'Frty4dj the terms of this Deed of Trust, Lender shall be entkled to recover such sum as the court may adjudge reasonable at mey~ges art trlAl end upon any appeal. Whether or not any court action ie involved, and to the extent not prohibited by law, all r ao le x'~}11~5 Lender incurs that in Lender's opinion are necessary at any lima for the protection of its interest or the enforcement o ~me`~'a part of the Indebtedness payable on demand and shall bear imerest at the Note rate from the date of the expendit rep~x ses Qbvered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's ~ }ees and Lender's lagsl expenses whether or not there is e lawsuit, including reasonable attorneys' fees and expens r~oa '~rDi:eedinga (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post- ~Q~}~pdon services, the cost of searching records, obtaining tiGe reports (including foreclosure reports), surveyors' reports, and app TSea, title insurance, and tees for the Trustee, to the eMent permitted by applicable law. Grantor sleo will pay any court costa, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATION6 OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust: Powers of Trustee. In addition to all powers of Trustee arising ea a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor: lal join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; Ibl join in granting any easement or creating any restriction on the Real Property; and Icl join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Obligatbns to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien, or of any action or proceeding in which Grantor, Lender, or Trustee shell be a party, unless the action or proceeding is brought by Trustee. Trustee. Trustee shall meet ell qualifications required for Trustee under applicable law. to addition to the rights end remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to forecose by notice and eels, and Lender shall have the right to foreclose by judicial forecosure, in either case in accordance with and to the full extent provided by applicable law. Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of ADA Coumy, State of Idaho. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, and Grantor, the book and page where this Deed of Trust is recorded, end the name and address of the successor trustee, end the instrument shall be executed and acknowledged by Lender or its successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution. NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by teletaesimile (unless otherwise required by lawl, when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, ea first clsss, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal wrhtan notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender Informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lander to any Grantor is deemed to be notice given to all Grantors. MISCELUINEOUS PROVISIONS. The following miscellaneous provisions are a part of this Dead of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall ba effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annusl Reports. If the Property ie used for purposes other than Grantor's residence, Gramar shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean ell cash receipts from the Property leas all cash expenditucea made in connection with the operation of the Property. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Daed of Trust. Merger. Thera shall be no merger of the interest or estate created by this Dead of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Lew. This Deed of Trust wN bs governed by federal law applicable to Lander and, to the extent not preempgd by federal law, the laws of the State of Idaho without regard to Its conflicts of Isw provisons. This Deed of Trust has been aeNpbd by Lander in the Stets of Idaho. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the luriadictbn of the courts of ADA County, State of Idaho. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shell operate as a waiver of such right or sny other right. A waiver by Lender of a provision of this Deed of Trust shall net prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Oeed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall corlatitute a waiver of any of Lender's rights or of any of GreMer'8 obligations a9 to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the graming of such consent by Lender in any instance shell not constitute continuing consent to subsequent instances where such consent is required end in all cases such consent may be granted or withheld in the sole discretion of Lender. Severabillty. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any circumstance, that finding shell not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feaeibls, the offending provision shall be considered modified so that it becomes legal, valid end enforceable. It the offending provision cannot bs so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this peed of Trust. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors end assigns. Ii ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Daed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time Is of the Essence. Time is of the essence in the performance of this Deed of Trust, WaWe Jury. All psrtiss to this Dssd of Trust Mrshy wsivs tfis right to any jury trial In any action, proceeding, or counterclaim brought by any party against sny other party. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benelits of the homestead exemption laws of the State of Idaho as to ail Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the folowing meanings when used in this Desd of Trust. Unless specifically stated to the contrary, sa references to dollar amounts shell mean amounts in Lawful money of the United States of America. Words and terms used in the singular shell include the plural, and the plural shall include the singular, as the context may require. Words end terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Bensflciery. The word "Beneficiary" means Bank of the Cascades ,and its successors and aeeigns. Borrower. The word 'Borrower" means CAPITAL CHRISTIAN CENTER INCORPORATED and includes all co•algners and co-makers signing the Note and all their succeesora and assigns. ~D OF TRUST • Loan No: 720006992 (Continued) Page 8 Dead of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Daiwlt. The word "Defauk" means the Default set forth in this Deed of Trust in the section titled 'Default". Envronmsntal Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"-, the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"I, the Hazardous Materials Transportatbn Act, 49 U.S.C. Section 1801, et seq.. the Resource Conservation and Recovery Act, 42 U.S.C. Section 8901, et seq., or other applicable state or federal laws, rules, or regulatone adopted pursuant thereto. Event of Defauk. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of dafauk section of this Deed of Trust. Existing Indebtedness. Tha words "Existing Indebtedness" mean the indebtedness described in the Existing Liana provision of this Deed of Trust. Orentor. The word "Grantor" means CAPITAL CHRISTIAN CENjfR INCORPORATED.. , Guarsrlty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Subsbncsa. The words "Hazardous Substances" mean materials that, because of their quantity, concentratbn or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human heath or the environment when improperly used, treated, stored, disposetl of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or (fated under the Environmental Lawa. The term "Hazardous Substances" also includes, without limitation, petroleum end petroleum by-products or any fraction thereof and asbestos. Improwmenb. The word "Improvements" means all existing end future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additons, replacements and other construction on the Real Property. Indsbtsdnsas. The word "Indebtedness" means all principal, interest, end other amounts, coats and expenses payable under the Nate or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions far the Note or Related Documents end any amounts expended or advanced by Lender to tlischarge Grantor's obligations or expenses incurred by Truetea or Lender to enforce Grantor's obligations under this Deed of Trust, together wkh interest on such amounts as provided in this Deed of Trust. Specifically, without limtation, Indebtedness includes all amounts that may be indirectly secured Dy the Cross-Collateralization provision of this Deed of Trust. Lander. The word "Lender" means Bank of the Cascades ,its successors and assigns. Nob. The word "Nate" means the promissory note dated July 25, 2007, in the original principal amount of 8350,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings ot, consolidations ot, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is January 15, 2008. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean ell equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, pans, and additions to, all replacements of, and all substitutions for, any of such property; and together with ell proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Reel Property and the Personal Property. Real Property. The words "Real Property° mean the real property, interests and rights, as further described in this Dead of Trust. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements snd documanta, whether now or hereafter existing, executed in connection with the Indebtedness. ReMS. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profile, and other benefits derived from [he Property. Trustee. The word "Trustee" means Pioneer Title Company, whose address is 9151 W Rifleman Ave, Bofee, ID 83704 and any substitute or successor trustees. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: CAPITAL CHRIST~~IA//N CENTER INCORPORATED ~~n' / p KENNETH WILDE, PresldaM f CAPITAL i ~/ Cp~TER INCORPORATE o ~PITA CHRt TIAN CHRISTIAN CENTER INCORPORATED CORPORATE ACKNOWLEDGMENT STATE OF ~t~k~ ! p ~ ! SS COUNTY OF ~f4lP Q ! ~~~' ~Jty , in the Year 20QL_, before me Af~n Q. /YLullr-eS On this day of res eM o e note y public in and for the State of Idaho, personally sppearad K€ N~ CAPITAL CHRISTIAN CENTER INCORPORATED and MARK JONES, Director of CAPITAL CHRISTIAN CENTER INCORPORATED, known or identified to me for proved to me on the oath of !, to be authorized slpners of CAPITAL CHRISTIAN CENTER IN RATED, the corporation that executed the Instrument or the persona who executed the instrument on behalf of said corporal' d ac ~ led to me that such corporation executed the same. Residing st %!!/h"~' Not y P daho M co salon expires ~~ //sz /fib ~" Mv~~i~.~ ~;iptARy _ ~.~ 'vsV~G ~O ~~ P •' unaass . ~` r ~EED OF TRUST • • D Losn No: 720006992 (Continued) Page 7 REQUEST FOR FULL RECONVEYANCE ITo be used only when obligations have been paid in full) To• ,Trustee The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums secured by this Deed of Trust have been fully paid and satisfied. You are hereby directed, upon payment to you of any sums owing to you under the terms of this Deed of Trust or pursuant to any applicable statute, to cancel the Note secured by this Deed of Trust (which is delivered to you together with this Deed of Trustl, and to reconvey, without warranty, to the parties designated by the terms of this Deed of Trust, the estate now held by you under this Deed of Trust. Please mail the reconveyance and Relsted Documents to: Date: Bensflclary: By: Its: wane ~.rw.w.~.arm.aw un ,riwer.wrawnw rr.~ar. mm. uxrnuawa .m c,waaacrn~n,ao,.rc n.aa>M au . ~ • • 285079 EXHIBIT A The South half of the West half of the Southeast quarter in Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. EXCEPT THEREFROM, that portion deeded to the State of Idaho for highway right of way by Warranty Deed recorded July 28, 1955, as Instrument No. 380666, records of Ada County, Idaho, being described as follows: A strip of land lying situated between the South line of the Southwest quarter of the Southeast quarter of Section 5, Township 3 North, Range 1 East, Boise Meridian, and a line parallel to and distant 50.0 feet Northerly from the following described center line of highway as surveyed and shown on the official plat of US 30-Project No. F-3281 (5) Highway Survey on file in the office of the Department of Highways of the State of Idaho and lying over and across the West half of the Southeast quarter of Section 5, Township 3 North, Range 1 East, Boise Meridian. Beginning at Station 98+22.6 of the said Highway Survey, which station is a point on tangent approximately 0.1 feet South from the South quarter corner of Section 5, Township 3 North, Range I East, Boise Meridian, thence running South 89 degrees 50' East 893.8 feet to Station 105+16.4 of said survey, which station is an angle point of angle, 0 degrees 03' left; thence North 89 degrees 59' East on tangent 629.6 feet to station 111+46.0, which station is a point on tangent approximately 5.0 feet South and 1323.4 feet East from the South quarter comer of Section 5, Township 3 North, Range 1 East, Boise Meridian. EXCEPT any portion lying within the right of way of N. Hickory Way EXCEPT the following subdivision: Dove Meadows Subdivision No. 1, according to the official plat thereof, filed in Book 65 of Plats at Pages 6662- 6664, records of Ada County, Idaho; Dove Meadows Subdivision No. 2 according to the plat thereof filed in Book 73 of Plats at Pages 7577 and 7578, records of Ada County, Idaho; Angel Park Development, according to the plat thereof, filed in Book 73 of Plats at Pages 7551 and 7552, records of Ada County, Idaho; Mallane Subdivision, according to the official plat thereof, filed in Book 87 of Plats at Pages 9881, 9882 and 9883, Official Records of Ada County, Idaho. Also excepting therefrom that portion conveyed to Ada County Highway District in Instrument No. 105170918. s~sysi ADA ~ ~'.•~ i ~'. I D. F 0 RFl ~.4Mf RICAN TITI E CO. J. DAYI~ NA'::.RRO ~~, EXHI6I7 "8" RECORDER BY .~~'~-- 9~ 9~ Neu is ~ io 2s 1:3 ;•~4~)0118 .. 1. Taxes or assassasnts vl:ich eta not shove as aYistinq Iiera lsy t::e rseards ot: anY tax±,lq authority r.`~aC Iev:as texas or assass~sats on raa:, progsrCy or by tis• pudic rscor~s. 2 . A.~y facts, r;q'e ts, ineeras t, or e' sus •,rh:ch sra :tot s~ova by :~s F~~'-`-c recor3s bnt vr.:.eh could bs asce~a.-ad by sn i:.spscticn of sa:3 land or by :12ucf nq i :q':i:;~ o: ~erscns i.•~ possession tw:a:ec:. ~ . ~as2 »s;lts, c:3i~s or AaseMe;tt or a::~asebr3,css •abic:~ era reoe shoua yy t.~e public retards. a . ~± scr Spa-c:as, con::! c.a is baurds.~~ }.± -es, srortags is area, a^crcac:zDS~rs, or ary ot~ax :acca ~h:c:: a earrsc~ s~~isy :+ecz~~ disclasa, and ~rh::~ a: a ~o~ srC4rt .~.y public saca~3s. 3. (ay L',pa:e::rad a:n.:~ Cla:3s j ('~2 r eS4: •I3t:aA3 0: ex=apc:crs ±: pa:ant: or ±z acts aatbortataq :ba issuaiea ~ s:sof; (c) ~ra:ar r:grMs, c:si~s C: t:t:,a ~: rata:, ~::$=;.a: or not w.a ~aat:ars axaapcsd ~;:dsr {a; , (b) , cs {c) a_-a :t+cvr: by t.':s p~:31ic racasds. S. .~.~:;~ lie::s, cr .:;::a to a I:ert, tar ss:•r:css, labcr ar as=a::a= r s: asa=crs o: fie: as= =o= ==s~:.a: ed. :.~eosed by 1a~ a°d :sct s cv. by t.`.s re.blic rscsr3s. ~. :3xas far .`e yea: .9s., ar• an acc:^s:-3 I.en and -at ya: dcs or pay3~la. a. Liens, lev:ss aad aaaasaasnta of the dattisr's I::: anon ~ist:=ct, and w:e rights, povars and aaaasa.-:s o! said ois:s~ce as by lair ,provi3ed. (P:taea n+tobsr 3«-Zi7i, for assasaaont =ntorsation. OL..ca fours a:e only Monday, Ksdresday gad :'ridgy) 9. a-.i ~asa:ant aver sa.d 3Lrd i.•e savor a. SDII$C ?C~_.~ Cl3~'t'!, a ceracr3~_cr., for ;,cusr 3:-es a;.d i.~eidanra: ;,~,:•passs as ear :or:~ ?a as iast:•ime::: :scar;sd Cc:absr :2, :?3<, ::~ 3cok :3 0: xiscallaz:ecus Zecarda at Saga :a~, Oi:icia: ~acords. .o. ire ?.asensa: over said land .a favor o: S':AP3; OP :~A.=O, :or rs:ocs:tor. o: al'_ ::==ga:ian a:ed drat. aqa d:.:-bas sad s-_ c_c:xas. 3rd s::~:. s::rrac• a=~e:.z d:=c»es as :ay ba ns-*ssa~y :s :: a P:aoe: carst ~V..~..~ c~ a :e:y :••ray to ~be Car:at:^:c:ad a:ed :rc-3saeal ct:~osas as so= is ~'~ :a an .as:.~aaaac rscc:~Qd Su;.ys3, :93i, as ~str'~orsc sta. 1sCba8, o.'.3c.a: aaca.ds. ~, - ' ~. ~ 13~~0~0119 ' APPROVED AS rd i~o~N ~Uvu co~~r~~~r wA;ttxwt~rrst DE~n --~ GRANTORS, Robert C Packard and Tahaadge Psckat'd, isusbttttd and wile, of McKinney, Torras, for good and vahtabk oonaideration, the receipt of which is hereby acknowledged, does hereby grant, bargain sell and oonvry unto Capitol Christian Center, Inc., an Idaho corporation, whose current address b 306 North lath St., Boise, Idaho 8370?, County of Ada, as GRAN'T'EE, and to grantee's suoxssots and assign forever, all of the folloaving descn'bed real estate located in t>ze County of Ada, State: of Idaho, described k I ~clubit "A" attached hereto and by this reference iacotpotated herein TOGETHER arith all improvements, water, water tights, ditches, ditch eights, easements; hereditameats and appurtenances thereto. SUBJECT TO: Easements, covenants, taxes due and accruistg for the year 19'91, restrictions aAd zoning regulations as appear of record or by use upon premises, as particularly set forth is Exhibit "B" attached hereto and by this referencx incorporated herein. COl!IVEYING heretry 40 acres, mote or leas. Gran:ors, for themselves, their heirs and assigns do hereby covenant. warranty and shall defend the quiet and peaceable possession of said premises try the grantee, its successors and assigns forever against the lawful claims of aU persons. In construing thss deed, and where the contact so requires, the singular includes tae pi~sral and the masculine, the fen3iaine and the neuter. IN 1~~1'[TIES; V~~ItEOF, Grantors have hereunto subsea'bed their names to this ttlStluIDCnt rhea L~ ~_ day of ~'~~ Jl/er~, I-~r 1991. obese C. Packard almadge Packer ` STATE OF ~~~c S ) ~~ COUNTY OF DG lI ct-S ) I HEREBY CER1'gY that on this day, before me, as o~txr duly authorized to take aclatowledgments, personally appcarrd Roby : G Packard and Talmadge Packard, to the known to be tlse persons who executed the fcregoittg Wamnnty Deed. ~vTI'NFxS my hand and official seal in the oouaty and state last aforesaid this // day of eve ~, 6 ~r ~ 1491. •.4v~L•! ~ "'" ~ pEVERLr L SCF~1h3t ~% i~: t+b~.'y Pubic i~i ~ 8ta1~ of Trw •••..~' wcw~~.,os.,~ss ..~ ~,...~ Notary Public 'p , Residing at: ~a~~ ..... My Commission aspires: 7 • ~~ ~' S EXHIBIT "A" LEGAL ~E5CRIPTION The south halt of the iisat halt of the Southeast qua=tsr in Section 5, Township 3 North, Range i East, Boise Heridian, Ada County, Idaho. ExCE2=" TSEREFROK, that portion deeded to the State of Idaho for high:+ay right of way by Warranty Deed recorded July 28, 1956, as Inst~ent No. 380666, records of Ada County, Idaho, being described as tollovs: A strip o*_ land I~inq situated between the South line of the Sout:~aest quarter of the Southeast Quarter of Section 5, Township 3 .tartl, flange ~ ~ast, Soiss Meridian, and a line parallel to and distant X0.0 meet Nort:~erly from the lollovinq described center line of highway as surveyed and shosm on the official plat of U.S. so - Project No. r-323i (5) Highway survey on file in the office of the Departaent o! Higr•rays of the State of Idaho and lying over and across fire West halt of the Southeast quarter of Section 5, :ocrns*:~ 3 .forth. slangs i East, Soise Meridian. 3egi::ning a~ Stet;tea 98+22.6 of the said Highway Survey, •.+hiCh ~ta.?or. is a po:rt: on tangent approximately 0.1 feet South ~r2a the SouL'~ guart?r corner of Section S, To•~rn:hip 3 north, Range £ast, 3o:ss Meridian; t*eface running SouL:: a9•so` East, 393.8 :act to station lOS+~l6.i of said survey, which station is an anq?e point of angle, 003' .'.aft; thence :tort:: 39•S9' East on tangent 629.6 feet to Station 212+46.0, •rhich station is a point. on tangent ap~soximately 5.0 test South and 2:23.: rest East from the South gi.srter corner of Section ~, ?'ovnsh?a 3 North, ~a^qe .. test, So:sa .seridian. :CCE?T ditch and read rights-ot-way. AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) {name} ~ (address) ~ ~~ 'e , p~~s ~ {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: e ~;,~~ , l©b~ ~- ~`~~r Ste. ~~~~~. name) (address) to submit the accompanying application(s) pertaining to that property. 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. 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 '~~~'~~r ~ , 20) ~ (Signature SUBSCRIBED AND SWORN to before me the day and year first ove written. P,.....,•FF , ~• ~ O T A ,q ~ ~N ~ (Notary Public for Idaho) • ~ w ~ . ~r /j7~A ~ /l ' ; ,~ Residing at: ~CLA1 P (.~-(tiY~ v ,~~'9j~• 1~~`~ My Commission Expires: 7 _ ~ ~ - ~ ~ ~ °Z- ,_ CITY OF MERIDIAN PRE-APPLICATION MEETING NOTES Project/Subdivision Name: c~..rrsc J ~' ~~j^~t-~d~ (JUG 2~ ~ l~ ~I~o2.c T Date: 1 Applicants / s): [mil ~s t _ ~.~ ~ O a ~.u.E= City Staff: Location:. a.~ Comprehensive Plan Future Land Use Map~Designation: ~ Size of Property: /~ A~'~l s~5- Design Guidelines Development Context: L,U" a_:~a~ S- i r- -- Proposed Use: l~J~ ~ r posed Zoning: Existing Use: ~ Existng Zoning: G-c7 Surrounding.Uses: Street Buffer(s) and/or Land Use Buffer(sj: k, ~. Open Space/Amenities/Pathways: il.~ ~d AccesslStub StreetslStreet System: Sewer & Water Service:. ~tJ Topography/HydrologylFloodplain Issues: ~tbw CanalslDitches/Irrigation/Hazards: History: =2.. e " Additional Meeting Note .-. -- `~ ~ s +~ S- ~G ,o ~~' st 5 2r Other AgenclealDepartments to Contact: ^ Ada County Highway District ^ Nampa Meridian Irrigation District ~ ^ P Works Department ^ Idaho Transportation Department ^ Settler's Irrigation District wilding Department Sanitary Services Company ^. Police Department ~ ^ Parks Department, ^ Central District Health Department ^ Fire Department ^ Other. ~plication(s) Requln:d: ] Administrative Design Review ] Alternative Compliance ] Annexation ] City Council Review ]Comprehensive Plan Amendment- Map ] C mprehensive Plan Amendment -Text ]'Conditional Use Permit ~ ~ ~~ , cx~ ^ Conditional Use Permit Modif~cationlTransfer ^ Development Agreement Modification ^ Final Plat ^~ Final Piat Modtflcation ^ Planned Unit Development ^ Preliminary Plat ^ Private Street --- ^ Rezgne ^ Short Piat ^ Time Extension -Council ^ UDC Text Amendment ^ Vacation ~, ^^ V~a ante L~'~~r ~b~C.~,J~ 17 ~~ cd ~/ietel Notes: 1) Applicants ere required b hold a nelghbofiood meeting in accord with UDC 11-5A-5C prior fo submittal of an eppl requiring a public hearing (except fora vacation or shod plat); and 2) All applicants for permits requi-ng a public hearlr-g shall pQsf the site with a public hearing notice in accoml with UDC 11-5A-5D.3 (excepf~for UDC text amendments, Comp Pian feat ament~rteni's, and vacations). The information provwled during this meeting is based on~current UDC requirements and the Comprehensive Plan: Any subsequent changes fo the UDC and/or Comp Plan may afl°ect your submittal and/or application. This pre-appl~catlon meeting shall be valid for four (4) months. • ; '~~ RRCNITECTS PLRNNERS, INC. IRRRY R. KROPP RCRRD CERiIfIED 2200 WRR11 SPRINGS DDENUE, SDITE 102 • BOISE. ID 83712 P H :2 0 8.3 3 6.1419 E M R I L: lrkarchitectso]gl~est. net f R R :2 0 8.3 4 3.2 2 4~ SIGN-IN SHEE T NEI GHB OHO OD MEETING Capitol Christian Center Cell Towers at 2 760 East Fairview Avenue LOCATION: ~~ !-~ DATE: ~.ja s ~ao~ ~ TIME: ~ P~ _ ~..A~ ~, SIGN BELOW: Ca/lv y~n.G-. ~0~1 1 ~ 1~1~-^~ ~ ti J--, Z5, r ~-~ ~ S ~ 2eso ~ ~-r~v ~- ~~ R 1 '~, ~~~ ~>EN1'~"l ~4iL;r~ l~~lft-~l yv ~~ ~ />~, /YlA%NtTi4~ /~L - l~'it~X=tOr.~-n ,~/CK `vim. L~z-.~ ~ y ~ ,~/ d~~!'~: ~'~ ~~ ~ /~v,'4'r.~:Y~- 0 ~ f C Y~ ~~ ,~ • • COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11-SA-SD, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-SA-5. Applicant/agent Date • • AIL ~~ z y b m u~ (1~ ~~ ~ ~ m ~~ ~ N D ~_ (P ~S (P ~" ~~ ~ ~ ~~ A~~ s~ ~ ~~ ~~~ ~~ x ~k ~ a ~~ ~ ~ e ~~ .= y ~m =~ a~ z O N n L~ m z ~i~ ~~~ ~~ L3 ~~ :~ ~g ~~ a• ~~ ~~ ~ ~~ m 2 t° 3~ ~~_~ ~$~ D ~~€~ ~`~aso~ ~~{ :~~ • ~m ~~~ ~E~ N ~a, x r Y :s ~~ ~~ a m O ~ ~ ~ ~ $~ ~n a a ~ a: a° y ~~~,~~~ s t E try ! `°;~ y ' ~ PROPOSED GELL TOWERS at CAPITAL GFIR/STI.4N CENTER ?76® East Felrvraw Avmws a. s~~ .~: Y ~ ~, 11 1 ~ n r~d e Id ro / "~ ~ e ~ n, a ARCHITECTS-PLANNERS ~~~® t.ARRI' R q~oPP - ntcARB. Gertined L ::oa w. ev...e. am.u. s.. im ee~... Mfrn sum ... xeas,w .w wan.w..r..,.., w ~..aa:=., • s ~~ ~~~ :' } ~ ~ ~, ~ ~.~ t ate t 4 ~ C .~ 1 x N b +~ 31 ..+ i n J r. ~'r~'~ , s~ y~ l r 4k & P ~ ..rf~ 1 ~r' 1 i' 4 M ~ ~, b ~ ~ a ~ ~ fi ~ ~ 'R ~ t .,~ ~ c f ~# '~, ~n~: ~* a ~. "mss ~yy'. C Y y$ P x -•~:= ,~ °r:. Fes- ~ ~ <' ~`; } ~~ e ;, ~ ,~ # ` { ~ ~. ~ ;r -- ® ®® ,-~ V ~ A ~~ ~ l ~ ~. ,, . - ~. ~ ' ` ~ ,I r ~ ~.. ~ ;^ ~~ 7 <:~ v1 %~' t/`; V'~ Q s Mr' . ~ j "'~~ ~ . ~:. ~ ;z • ~- ~. ~~{ ~ ~' ~r a k i Yy'} .Z ~ ' 1 ~ t ~ ~i'G •fy '~ , ~~ N f ,t~ $ ~. ,~ ~ ~d~^3 Fjc7f~ 4 r~,a •t di7 ~ '~jj~ ~'} T Y.y y.w :~5r ~ •'4 f ~' ~~f jri tr 7ri e. ,' A w ~ ~ • rl ~~ ~~ ~ ~ t ~i~ ~ k "{ ° Y' 6 ,,. ,, s _, ~ ~ ~ * Y ~, ~, a ~- ~ ~ +~ ~ ~~ ~ ~~~ ~ ~' ~ (r~f - 7a~ f ~.F _ r~ ~ . ~~~~ t ~` ~ S t ` ~, ,~~` ~ `q`tr - j~~~ ~ ~.Y~` v ~* ~ s ,~ ~ Y z Air _ ~ <~ ~ ~ ~ ~rt~W F ~ ~~ _ _ • -,. <,tc=F-! &6 it ~ i~~ ^"~+,~" ~ ; ~'~~~'ifC*x_z, P$~~ r ~_, kYR R:. ~~. ~s ~~~ "-` ~ axr, i ~~ c .;:~ ~ ~~~ .~± w.~~,.' '~ r ,~ ~4~ ~; r :' ~f .. S~ ) n \J ~jQ~E IDft IAN,- ~J Project Name Applicant Applicant Address Eisenman Flag Pole Customer Receipt City of Meridian, Planning Department 33 E. Broadway Ave. Suite 210 Meridian, ID 83642 PH: 884-5533 /FAX: 888-6854 Project Address Subdivision 2760 E Fairview Ave Meridian, ID 83642 3N 1 E 05 Professional Address: Phone: FAX: Fees and Receipts: Number Description 12492 Conditional Use or Commission Level Modification 12493. Conditional Use or Commission Level Modification FIRE 12494 Design Review Total Fees: Check Number: 1258 (03/06/2012) Total Receipts: Balance Due: Amount $1,319.00 $50.00 $173.00 $1,542.00 $1,542.00 $1,542.00 $0.00 • A e~~ Date. April 5, 2QI2 File No.: CUP-12-003 Project Name: Capital Christian Wireless Communication Facility Request: Conditional use permit approval to construct and operate a wireless communication facility consisting of five (5) 120-foot high monopole stealth towers and five (5) equipment shelters in an L-O zoning district, by Tony Wilson, SDI Inc. Location: 2760 E. Fairview Avenue, in the SW '/ of the SE '/ of Section 5, Township 3 North, Range 1 East.