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Application
~~E IDIZ IAN-- IDAXO TRANSMITTALS TO AGENCIES FOR COMMENTS ON . DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba 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: Transmittal Date: October 2, 2012 Hearing Date: October 18, 2012 11-Oct-12 File No.: CUP 12-011 Request: Public Hearing -Conditional use permit approval to operate an indoor recreation facility (dance studio) from an existing building in an I-L zoning district for Backstage Dance Center By: Backstage Dance Center Location of Property or Project: 1535 E. Commercial Drive Joe Marshall (No FP) Scott Freeman (No FP) Steven Yearsley (No FP) Michael Rohm (No FP> Tom O'Brien (No 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 Your Concise Remarks: Meridian School District (IVo 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-Kung Irrigation District Boise Project Board of Control /Tim Page City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 •Fax 208-888-4218 • www.meridiancity.org II~IAN~-- 10 Type of Review Requested (check all that ^ Alternative Compliance ^ Annexation and Zoning ^ Comprehensive Plan Map Amendment ^ Comprehensive Plan Text Amendment conditional-Use Permit ^ Conditional•Use Permit Modification ^ Design Review ^ Development Agreement Modification ^ Final Plat ^ Final Plat Modification ^ Planned Unit Development ^ Preliminary Plat ^ Private Street ^ Rezone ^ Short plat ^ Time Extension (Commission or Council) ^ UDC Text Amendment ^ Vacation (Council) ^ Variance ^ Other Information Applicant name Related files: C~~ `d ~ ~~/ Hearing date.: !r~ ~ / 8 - p~' ~I Gommiss ion ^ Council to .Date filed: ~`~2'~-t2 Date complete: ~~~-t~' Assigned'?Planner `~~t~~ `~~-'Y :~~l.c( STAFF USE ONL/Y:. File number(s): (,~L',~ ~~ f c~-- ~'~ Project name. i Applicant address: Z/4~0 ~~ Cu~r/~'~•~~/fL _ Phone: ~' g~~ Fax: Zip: ~3~a ~ Z E-mail: Applicant's interest in property: ^ Own .Rent ^ Optioned ^ Other A . Owner name: ~~/.y~ /~ • .5lf~CJ~y ~'~ u ~~' Phon ~'~~$D~~~~7.G~ 3 Fax: '~~~ Owner address: ~0~ .~~ Fc~ST~~J[% GJSI/ Zip: _.~~~~,~z E-mail: ~1Sd ,cam Agent name (e.g., Firm name: Address: Zip: E-mail: Fax: Primary contact is: ^ Applicant .Owner ^ Agent I~Other S~/~ ~fStV k/t,L CSPdcl.s~~ Contact name: Phone: ~Y30, /Q9~ Fax: ~ /~- . ~ -- ---- Contact address: ~/G~ A~i~.Z/L~X-- Zip: E-mail: ect Pronertv Information Location street address: Assessor's pazcel number(s): S /:DG' Township, range,~section: __ ~ ~ ~ ~ o~ Total acreage: ~• ~~ Current land use: /,[~,~f~2~3~1~/ sL~ Current zoning district: --~ "" G- developer, representative): Planning Department CONIlVIISSION & COUNCIL REVIEW APPLICATION -~'~`' ..~ ~, ,~ ~+1 E. ~° ~r/~ Ga e,~ n~ ~~, ~G l Ur 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 Website: www.meridiancity.org 1 (Rev. 11/29/11) .. Project/subdivision name: ~~~ ~t-y~.~ ~ ~XJ~z General description of proposed project/request: ~lS~~~~y~ g'~ C'yCI S~~- b•'c~S/~GS S Proposed zoning district(s): Acres of each zone proposed: Type of use proposed (check all that apply): ^ Residential ^ Commercial ^ Office ^ Industrial Other ~~ ~~ STd,1.'~~ ~ Amenities provided with this development (if applicable): ~/~' Who will own & maintain the pressurized irrigation system in this developmenlt? N~~ Which irrigation district does this property lie within? ~i ~ Primary irrigation source: Nl/~' Secondary: Number of building lots: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): ~ ~' Residential Project Summary (if applicable) of residential units: Number o mon and/or other lots: Proposed number o welling units (for multi-family developments only): 1 Bedroom: 2 or more Bedrooms: Minimum squaze footage of Minimum property size (s.f): gazage): Gross density (DU/acre-total land): _ Percentage of open space provided: Percentage of useable open building height: Acreage of /~~- Average property size (s.f.): (DU/acre-excluding roads & alleys): (See Chapter 3, Article G, Type of open spac~vided in acres (i.e., landscaping, public, common, etc): Type of d~cZltmg(s) proposed: ^Stngle-family ^ Townhomes ^ Duplexes ^Mulli-family ~1'Qon-residential Project Summary (if applicable) open space) Number of building lots: / Ser l~ots~: Nl~ ' Gross floor area proposed: .z- 3 ~~ L Exi~ g (if" pl~icable): JLo , DOCK ~/ 30 _ 30 Hours of operation (days and hours): ~ - ~~tlJiC 3 S Building height: Percentage of site/project devoted toa~the following: C p /p Landscaping: ! ~. ~ l o Building: ~J • b Paving: J `' Total number of employees: ~ Maximum number of e ployees /at~jany one time: 3 Number and ages of students/children (if applicable/): 'v ~~ 1 '2''' / 'QSeating capacity: ~1~ Total number of pazking spaces provided: ~`~ .Number of compact spaces provided: Authorization Print applicant name: ~~~ /~'~~ ~~5~ - f~S~LC!! ~'L- Applicant signature: Z~ ~ Z 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridianciiy.org 2 (Rev. 11/29/11) September 26, 2012 City of Meridian 33 E Broadway ATTN: Planning Department Meridian, Idaho 83642 To Whom It May Concern; The Backstage Dance Center intends to move from its current location at 2140 E Commercial Street to 1535 N Locust Grove in Meridian, Idaho 83642. A conditional use permit is apparently required in order to enable the move to the new location. Anne M. Sakolsky Basquill, Owner, Backstage Dance Center ag~~RW;~ ~~n^n~h~n ~~ _ z 0 5~ ~ ~ ~A a Z~~ ~~ o ~ ~ Q 0 O T ~~/~ ~ V1 W _ ~~~ r ~~ ^~ 0~ ~~ ~~ U Qa~FF ~~ A ~ ~ J ~ ~-Wz ~ a _a A~ Z$ r-~ a '~ a-~ -ss oo~ ~~< ~az ~~ ~~~ $~~ ~~~ t1O~. " .Y ~ ~ _ .g ] • $ Y C ~ up~1 ,G9 (9 ~n W a~ ~~ N,Si ~1..~ S ~~ S O ~~ a ~° ~ ~ g so ~ i io c°~s ~ ~ .t e a f~ < $ ~ ~ s s as ~ 4= ~a ~a SF~~ ~~ ~ Yt og $ a E ~ ~ ~ ~ \~ ° s rN $o ~5 ° y~cY ~~ ~~ap o~ ~g 6~ '° ~s ~ . ~ ~ R r ~~; s ~ o ~ ~i g8 a2 as~'S ~~ ~p~~ "i Y ~ Y4'S'i~f ~~ « II ~ ~." c~ ~ J 5 -~ ~E '€~ 3g g~~t ~E 85~ ~r $~ ilrc 3~ ~~ ~E a 'C a rm•~f ~ee a°~Op g oCOy J .a3~Y CCf~ •o~zs' ~ Y `o « ~ ~Cp R!o ~ i e ~ n E ,2 ~ $ ~ y~ X o S ~ I g 4 4 N N ~S ~ m J 6 6 04 ~~ f ~lSC~ ~~ °~~ ~~ ~F~ J • ~J 'A S• I ~ ga ~'S SL 4s a iGGG~g _~ aC ~~ «~ ~~ ~~ ' Fa3 d¢ rig, e i •• = L 8 C giiYyy ' ~U~y ~RY ~OW~ y.,0 LQS C2 F° j0 <m ~3 a'~ o • • ~ 0~ ~ ~ ' I .. ~ N M ~ h tl n O OI d « --.-,4a! `~' a$ 1 ~"~.~r~ _ _~0 IEZ~ _ _ _ M .£fAZrBO S .ro~sce- ' CVBa 3AOlk) HLMON T ~W M ~ w ~~~~, „a~ ~. owl i i ~i Wig ~W~ Q~c ~w~ ~~~ a` ~~w a ~ 3 ,Lf,zZlO N so wou~ ,t~~ouuoi) g Q a N a N ~ U yl ~ ~ $ < 'J U W Z ~' Jg a ~ sN iie Jo ~ ~ Z s W r~ 3 ~Z c r ` ~ ~ c Q. W o ~'" d ~ ~ .$~ ~ 5 S ° 0 ~ ' V' ma ~~ W ~ e ~ !!~ WQ m ~ ~ ~ ~ S$ T ~ ~ ~« ~ W ~ O Q 0 ? n ~ ~ w ~ w ~ ~ S <J 0 ~ m N rf Z!- Z a~ ®0 ~~ 8 N e:K:u\sad.rt:u~ssasau ~QRDEQ' RE ST OF T R R OAYIp ,"~+AYARR~J ~~~ ~-- F F 202 oc -s p~ ~: so 10 2 ! 16 ~4 2 2 ~ QUITCLAIM DEID i FOR VALUE RECEIVED, CORRIl~TE L. MORROW, Grantor, does hereby convey, r release, reimae and forever quitclaim unto WALTER W. MORROW, whose address is P.O. Boa ~ 770, Meridian, Idaho 83680, the following described premises, to-wit: LOT 2, BLOCK 3, RAILSIDE PARK SUBDIVISION together with' the appurtenances, this property is located in Ada County, also known as 1535 East Co~cial Avenuq Meridian, Idaho 83b42. This deed is intended to convey to the C,rantee all right, title sad interest of the Grantor in ° , and t0 Sa1d property, now Owned Or hereaRer F F , I Dated this ~ day of ~ s.~ 2x12. ~ ~~ ~~~ CORRIIVE L. MORROW , STATE OF IDAHO ) County of Ada ): ~. ~ ~ . -~ On thi~ day of~ ~~i'{~1 £/'' 2002, before me, the undersigned, a Notary Public in and for said ststq personsll appeared CORRINE L. MORROW, knoam to me to-~be the person ~ ` whose name is subscxl'bed to the within inspumettt, and. acknowledged to me that she exearted the ~ ~ same. . •NpN1Mlp~t~. Y _ ,* ~~ * : NOTARY P LIC for Idabo rl . Resjding at a ~,~ pr-BL~G o ~•~ My Commission Expires: l l/03/ D b' ~~TB OF ~~o~~'r ' QUTTCLAIlVI DEED clDeereals fM s.~aTegiwrn~ hW.,~ee IAQ~iEel~ n.di - Caan.ereid ,,,`'~` ~~ ..-- 6 ~. ~~ t ., ~r '. r AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I, ~,v ~`" !7I ~2/~-~rw ~-D - fox ~ 7 6 ~y/~~ _ (name) ~ , ~~ ~ (ad~ess) (city) (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: ~~/t~~ ~~c~vr~ ~ (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 ~-P.~,O * , 20~ ~,~i~ (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. ~~~4'~a ~ ~TFk~,; •. (Notary Public for Idaho) rP ~' ~pTAR f, ~~Z Residing at: %~~~ ~ ~`~-~``' * ~~~ pUgL1G My Commission Expires: __ ~''"~- ~ ~~~ '•.. E O F 1~_.~.' a.+ tU i G~ --- ry i G W _t ~ ~a~ ..a ,=- ,, ' '~~ ~~~~ i ~~. i+ V1 Ip °~ ~1 ~; a. `~~ ~' ~ $7C~~ 7(Tp~ D ~ ~„~ { ~ ~ ~ , (~ ,~ / , _..... W ~ I ~ 1 ~ _ ~ ___ _ ~- (_. i _ u" ~ _~__ _ _ e .il ,. ...._ . '~ _....-- r ~ ~I ~ - -- i ,,+ --_- --' ~ _ ,' ~ ~ I 5 ~ l p~ ' _ ~. _ .1 = ~ , ,~ a~ c . I u~ I O . U c ' c __ ~ .:a ~ l ?~,` ~ ~ Pti el N~ ~., _ _ ~, i _ r ~ - ~ a~W ~ ~~~A~_ s9,~- . J': a {~' ~ ~ ~~ ~ ~ , ~ i'~, a ~ . ~fti ~~ ._ r.. . - ~ ~; _~ 1: ~,; V ~. ~_ . .. '~ ~ ~~~ - ~ '~ `~- ~ 1 l TT-1 ~ C~ ~ .~ ~ - 5- , _ w~ r 3 n r ~...i I ~~ ~ _. C.? L ._ , ~ _r~ N I ~ ~ ~. _ ' J./ -,' Il} ---~~ , 1 ,. I~ i© ~_- J 'r^ I ~./ -,A i .. r L; _. a;~ tl I~~.~ ~~ ~ _. ~ .... ;-. ~- ~- i ~ i __.._......_.....__ ~r~, . ~G '.1111-1,! ~.. ~~ a r-, . IC 1 L ~ _ ~ _. _~ _ ~ G w ~, !T _ , R/I-' U U W ~~'. x - ~___.._...~ ~G _ __ . .~-.t - .a i, ~ ~~ -, _ r "- o "- a E- - ~ ~ ~ ~-1 .. ..... '- r ~ - ~ ~ - - u ~ ~~_'~!! ... l LIB ~ ' ~ ~i~ --`; ~ ~ ~ -~~ } f _I I ,~cr; ~ _ i ~ 1 __ _"_~S~ t~~r~' ,~ ~-= _ ~ ~ _ ~ _ ~, -- ~ ~,-~~ .. ~~ ~ } ~ j ~ \ r' -~1 .... 1~ ._. ~ ~ t T ~. ~ t a _~~ ~ I ~ . ~ /1/ ~. o~' ~- u ~ _• ~ -- CITY OF MERIDIAN PRE-APPLICATION MEETING NOTES Project/Subdivision Name: c,~S to ~3-'3aPM~ Date: - 9- ~ ~ ~Z City Staff: _~ ~ ` !r ,ll ,c Location:. /S 3S N~G. o c ~s -F G ~ s ~ 2 cf . Comprehensive Plan Future Land Use Map Designation: __~ c~s~.G / Size of Property: - /. ~/ ~ miner Design Guidelines Develogment Context: r~/~1-- Proposed Use: ~ d~o~' ,~z.c F~~-~' 1.~-~u Proposed Zoning: ~/.~ Existing Use: i use Existing Zoning: ~=~- Surrounding Uses: ~.~H s-~/' ~ a /' Street Buffer(s) and/or Land Use Buffer(s): N,4 Open Space/Amenities/Pathways: _ _ ivy AccesslStub Streets/Street System: ~/1q- Sewer & Water Service: ~/~- TopographylHydrology/Floodplain Issues: ~/ Canals/Ditches/lrrigation/Hazards: ~~ History: C z ~ -~S - -~ ~/I,~ w~~~ ~ 3S7-~i78 Dther ~gencies~epartments to Contact: Ada County Highway District ~P'~`' -Idaho Transportation Department "~~ ^ Sanitary Services Company ^ Central District Health Department Application(s) Required: ^ Administrative Design Review ^ Alternative Compliance ^ Annexation ^ City Council Review ^ Comprehensive Plan Amendment -Map ^ Comprehensive Plan Amendment -Text Conditional Use Permit ~ i36ri.oo ^ Nampa Meridian Imgation District ^ Public Works Department ^ Settler's Irrigation District ^ Building Department ^ Police Department ^ Parks Department ^ Fire Department ^ Other: ^ Conditional Use Permit Modification/Transfer ^ Short Plat ^ Development Agreement Modification ^ Time Extension -Council ^ Final Plat ^ UDC Text Amendment ^ Final Plat Modification ^ Vacation ^ Planned Unit Development ^ Variance ^ Preliminary Plat ^ Other ^ Private Street Notes: 1) Applicants are required fo hold a neighborhood meeting in accord with UDC 11-5A-5C prior to submittal of an application requiring a public hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11-5A-5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The informafion provided during this meeting is based on current UDC requirements and the Comprehensive PJan. Any subsequenf changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre-application meefing shall be valid for four (4) months. Page 1 of 1 Steve Basquill From: "Bill Parsons" <bparsons@meridiancity.org> To: "Peter Friedman" <pfl-iedman@meridiancity.org>; "Rick Jackson" <rjackson@meridiancity.org>; "Brent Bjornson" <bbjomson@meridiancity.org>; "Bruce Chatterton" <bchatterton@meridiancity.org>; "Bruce Freckleton" <bfreckleton@meridiancity.org>; "Scott Steckline" <ssteckline@meridiancity.org>; "Sonya Wafters" <swatters@meridiancity.org>; "Barbara Shiffer" <bshiffer@meridiancity.org>; "Mindi Smith" <msmith@meridiancity.org>; <annieora@msn.com>; <sabasq@msn.com> Sent: Monday, September 10, 2012 3:14 PM Attach: ATT00082.ics; 1535.pdf Subject: Pre-application Meeting When: Monday, September 17, 2012 3:30 PM-4:15 PM (UTC-07:00) Mountain Time (US & Canada). Where: Conf CD -10 - no AV Note: The GMT offset above does not reflect daylight saving time adjustments. 7~CN 7~CN7k N1k N*N*N1k N7~C N7~C N7~C Applicant: Anne Basquill Location: 1535 N. Locust Grove Road Size and Zoning: 1.4 acres, zoned I-L Summary: Discuss applying for a conditional use permit to establish a 4,000 square foot dance studio (indoor recreation use) in an existing 16,000 square foot multi-tenant industrial building. 9/17/2012 CITY OF MERIDIAN Commtmity Development Department 33 E. Broadway Avenue, Suitt 102, Meridian, ID 83642 (208)8845533 Phone ~ (208)888-6854 Faa PRE-APPLICATION MEETING REQUEST FORM Pn-n~Dpli~ox measrxgi an negrri~sd prios to tbs ixbmitlal of axe' g(fit~Ji°x tbat ngrri>ec a pxb6c' IxarsxB and gut lx beld ~ ~r tbat 4 nmxtbaprior to ~pkc~on axbnsitlo~ Rrl/L~i4fn!% ~~1-rJCE CE~t7Te'~. I ~ SLC3C.~u 5 i ~~1/t=t ~~'~~~ ... Pro ~vaer Contact into: Name: Address: JLllCI~(L~iVL'J~.- ,T 1d~+5~a~/~5 LLP ,irkZ ~/, ?~Nb sue- 3tC"' //O - ~sts'~ 2b 83~z Phone Number Faa Number. E-mail 33fv. 3Z.o'~ 208 33CG .355'8 ct+le</~2~G&..-Tjut7tl~~ co~c icaat/Representative Contact Imo (if different): Name: _ _ Address Zl~jp~j .l~, l/e:ZDSTAit+l~ Gu1t" f ; ~}i1JIli6S /1u1. si4'KdLS Qulw Lr?t-~D~s~ ~ .~ rY.36S/(o Phone Number Zc7B. $.3C1. c vo Fan Number. ~~~ E-mail Addtesss: i4~uil/tr~dRA ~ ~"t '~ Zp 30~ /~ e..... r_r Parcel Number(s): 3 2 (0 4'~' l4"D Q Total Acres: ~. ~ Number of Proposed Butldm' g Lotx Number Ussi~ Cun-eat Zomn~ Proposed Zoning ~ ~ Type of Application(s): 1. ^ Annexation & Zoning (bring aoxcrptplan) 2. ^ city Counal Revieav 3. ^ Comprehensive Plan Map/Teat Amendment 4. conditional Use Permit (bring rtta pbx) 5. ^ Conditional Use Permit Modification(hrixg .mi plan) 6. ^ Development Agreement Modification 7. ^ Planned Unit Development (bring ~ plan) 8. ^ Preliminary Plat (bring dafiplot) 9. ^ PrP.limiaary/Final Plat Comhuaation (Mid druftp/at) 10. ^ Rezone (brsxg coxapt plsx if ~ derc#) 11. ^ Short Plat (hrixg d,:~ plat) 12. ^ Time ~teasion (Commission os Couna~ 13. ^ Vacation (xox-sxen~bt e5' ~ ri8bt-of-any) 14. ^ Vari9n~-~ 15. ^ Unified Development Code Amendment 16. ^ C-ther Please list all persons who w~ attend the pre-application meeting. (Please include properly owner) ~1iL~ ~• ~~15'K~ l3rt'S62t~.1C.(_ ~ 'S'~ffanl 14, ~SOZ~tLC. Specific Questions/Issues: ^ Check here if your proposed development includes a potential public park, pathway, or school Pre-application meetings are held every Monday & Wednesday. Plet~Be check your preferred meeting time below. ~pnday (excrptHoridayr) _ Wednesday 1:15 1:15 J 2:00 2:00 2:45 ~~ 330 `~' /~~ Tbu co~rpletad from xuut be .rxb~nittid in the C.o~ Dstie/ojarmxt Dep~ext at Isast 48 boxra bsfonr, yoar ngxutrd ~ iurs. A Pbxxer mill cne~r tbs nresAixg by sBlxrpbone ors-mail Neighborhood Meeting Sign In Sheet: Backstage Dance; Name u„~~ September 21, 2012 Representine ~F' VANDER POL BROTHERS LLC 25412 184TH PL SE COVINGTON, WA 98042-0000 ARTCO L L C 9242 W PANDION CT BOISE, ID83714-6715 TSUNAMI INVESTMENTS LLC PO BOX 770 MERIDIAN, ID83680-0000 BASALITE CONCRETE PRODUCTS LLC PO BOX 419047 RANCHO CORDOVA, CA 95741 9074 MERIDIAN CITY 33 E BROADWAY AVE MERIDL4N, ID 83642-0000 CHTi~VOOD VERNON D TRUST & CHT!'WO~ VERNOPi D TRUSTEE 619 S AMERICANA BLVD • BOISE, ID 83702.0000 UNCIED ASSOC OF JOURNEYMAN AND 6t APPREN'TiCE ~' THE PLUMBING 575 N RALSTII3 ST it+)E1~IAN, ID 83642-0000 LANPFTFAR PROPERTIES LLC 1471 E COMIuIHRCIAL DR MERIDIAN, ID83642-0000 BERRY ARTHUR 9095 S FEDERAL WAY # 204 BOISE, ID83716-0000 VVIIdiAMS DAVID R & WILIIAMS CAROL A ?7713 COBBLESTONE WAY EAGLE, ID83616-0000 ' rtarr ctr>F pARK IldDiTST BOA IIdC 1433 E COMMERCIAL DR MIItID1AN, ID 83642-0000 WTI'II.AICE DONALD L dt WTl'ft.p-I~ JUDY 10768 W ASHBURTON DR BOISE, ID 83709-0223 FERGUSON ENTERPRISES 1NC 12500 JEFFERSON AVE NEWPORT NEWS, VA 23602-0000 s j-~,i.i.~ /7~1 L~ d~CJ i~ ~ _P~~. 4~ ~, j, v 'I- September 11, 2012 U Vander POL B rs, LLC 25912 1 lace SE Co ' on, Washington 98042-0000 To Whom It May Concern: ,. As part of the City of Meridian conditional use permit process, this is to notify you that a neighborhood meeting will be held at 4:00 PM on Friday, September 21, 2012 at 2140 E Commercial Street, Meridian, Idaho 83642 to discuss the relocation of Backstage Dance Center to 1535 N Locust Grove, Ste 120, Meridian, Idaho 83642. Backstage Dance Center is owned by my wife, Anne Sakolsky Basquill, who can be contacted at 208.887.4908 or 208.830.2003. I can be contacted at 208.830.1999. Thank you, Stephen A. Basquill COMMITMENT OF PROPERTY POSTING Per Unified Development Code (LTDC) 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 signature U ~/,d~ ~ v~'g~'c~s~y -~-sc~' u~t~ ~~~~~ Date 9/L ~/ ~ ,~ • - e comelecvi oae ~~~~~ ~qo ~~ n yNy ~'Z R ~iD ~@~ ~s ~~ j ~~ A1~ ~~ ~~ 4~ ~~ b ~ E ~~ ~' i~ I a 1:. ' ~. II ~ ~~ I I I 1 II ~ ~ Q II PY I 1 ~ ~~ ~ 11 p p II ! ! 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Y ~ ~ '1 ~ I II ,I ~~ I 1 "1 --- ~--~'-~ -- ---- I ' ~ V I Y ~ ~ Y°f YfIM1>YV RT(~iYb Y ~~I n ~\ ~ L.J ~Jy ~~~ ~ uRJ ml~ ®wamwr.~Q N11O:11G Mme M1wPMlIOYO ~iM I~~LS - _ I l _ . ~ ..:_ I:.4~ ~, E j .. .. ,".._ ~.~ _, T .. ~~ , f i ~, ~ it I ~ ~~ ~ ~ ~ II ~ I7 I I I t~ ~ ~ ~s ' ~; i I ~ ,1 II {I I I I 1 ~~ !~ " C it 1 i i ~ ~~ ~ i I I I ~' ' 8 g I I II ,I,I ~ ~1 IY ~' ~ t i ii~ 0 I~ I t fl I I'I E I I ~ F C i, Y ~l ~~'' i III >< r ~ I . ei~ ~ ~ II 11 N ~ ~ +~~ a .. ~ i~j~ e ii ' j ' ~~1e ~ ~ II l II ~~ I j II II I I II II I 1 i I I # 1 I ~ Y y ~ ~I I S 1 I ~ Ni i ~6 `~ ~ 1 ~ ~ l #~ ~ I i i i ~ , . i I { ~~~~~ ~ ~~~~ ~ ~ ~~~~ ~~ ~~ ~ ~~ i~ s~ $~ ~ o ~ ~ € ~R~ ~~~ ~ ~~ii~g~ &~~~~~ ~~ 8 ~ ~~ S5~ ~ -~ a <~~ ~ g ~ ~~ ~~ ~~~~ ~ ~ ~ ~ g ~ - D Ic ~ I f ~ I a ~~~ ~~~= ~~ ~ ~ ~ ~~ ~ i a & ~ ~ e ,• ~ a~a ~ ~ t~~ ~ i I p ~ ~& ~ II i 4' a -Cry I U ~ ! i 2.Ss'~ ' ~ RE!:ORD~TION REQUESTED BY: Home Federal Bank 500 12TH AVENUE SOUTH P.O. BOX 190 NAMPA, ID 83653 r: "'"""' :-, WHEN RECORDED MAIL TO: ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 21.00 7 Home Federal Bank '' BOISE IDAH010I05107 04:16 PM 500 12TH AVENUE SOUTH ,~ P.o. Box 190 ~~ DEPUTY Bonnie Oberbillig II (I III II IIII I II II II I II I I I II II II I I III NAMPA, ID 83653 r" RECORDED-REQUEST OF Title One 107138523 __ SPACE ABOVE THIC I INF ~s cno errnenve.c. ,...~ .. CONSTRUCTION DEED OF TRUST ,~ THIS DEED OF TRUST is dated October 3, 2007, among Tsunami Investments, LLC, an I~ho Limited Liability Company, whose address is P. O. Box 770, Meridian, ID 83680 ("Grantor"); Home Federal°Bank ,whose address is 500 12TH AVENUE SOUTH, P.O. BOX 190, NAMP~/li, ID 83653 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"-; and TitleOne Corporation, whose address is 1101 W. River Street, Boise, ID 83702 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor does hereby irrevocably grant, bargain, sell and convey in trust, whh power of sale, to Trustee for the benefit of Lender as Beneficiary, all of Grantor's right, title, and interest In and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rightsl; and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Reel Property") located in Ada County, State of Idaho: Lot 2 in Block 3 of RAILSIDE PARK SUBDIVISION, according. to the plat thereof, filed in Book 73 of Plats at Pages 7561 and 7562, Records of Ada County, Idaho. The Real Property or its address is commonly known as 1535 E. Commercial Avenue, Meridian, ID 83642. CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, 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 more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due ar 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. Grantor presently assigns to Lender (also known as Beneficiary in this Deed of TrusU all of Grantor's right, title, and interest in and to all present and future leases of the Property and ail Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE flENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (AI PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF GRANTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN GRANTOR AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform ail of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents. CONSTRUCTION MORTGAGE. This Deed of Trust is a "construction mortgage" for the purposes of Sections 9-334 and 2A-309 of the Uniform Commercial Code, as those sections have been adopted by the State of Idaho. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and 13) collect the Rents from the Property. The following provisions relate to the use of the ' Property or to other limitations on the Property. THE REAL PROPERTY EITHER IS NOT MORE THAN FORTY (40) ACRES IN AREA OR IS LOCATED WITHIN AN INCORPORATED CITY OR VILLAGE. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property,. there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, Ib) 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 (cl any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, lal neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (bl any such activity shell be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Lsws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. Tha representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (11 releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from ,a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. DEED OF TRUST loan No: 1001001426898 (Continued) Page 3 required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's behalf may Ibut shall not be obligated to) take any action that Lender deems appropriate, Including but not limited to disch i i arg ng or pay ng encumbrances and other claims, at any time levied or placed on the: Property and paying all costs • P all taxes, liens, security Interests, ~ roperty. All such expenditures incurred or paid by Lender for such purposes will then bear interest date incurred or paid by Lander to the date of repayment by Grantor. All such expenses will become option will IAI b l , ~ ' 3 the ..~,} i~ n the d ' ~ ~ , e payab e on demand; (el be added to the balance of the Note and be a ' installment payments to become due during either (1) the term of any applicable insurance olic C er s "" ~ ~ any p y; ( I be treated as a balloon payment which will be due and payable at the Note's maturity. The Dee amounts. Such right shall be in addition t ll h ~~ ` ~a3 te; or these o a ot er rights and remedies to which Lender may be ant WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the ProF and encumbrances ocher than those sec forth in the Real Property description or in the Existin i I liens nsurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in Grantor has the full ri ht Y title id (b) g , power, and authority to execute and deliver this Deed of Trust to Lender Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of 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 be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust: Existing Lien. The lien of this Deed 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 Modification. 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 Deed of Trust by which that agreement is moditied, 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 is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender Such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental faxes, fees and charges are a part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continua Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (t) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured 6y this type of Deed of Trust; (31 'a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as en Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (11 pays the tax before it becomes delinquent, or (21 contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have alt of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lander, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for ell 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 et a place reasonably convenient to Grantor and Lender and make it available io Lander within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party)~from which information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to 6e made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and (21 the liens and security interests created by this Deed of Trust on the Property, whether now owned or hereafter acquired by Grantor, Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney-in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. Loan No: 1007001426898 DEED OF TRUST (Continued) Page 5 any sale of the Real Property. Sale of the Property. To the extent permitted 6y applicable law, Grantor hereby waives any and all rights to have the Property marshalled. In exercising its rights and remedies, the Trus[ee or Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of sale having been given as then required by law, and not less than the time required by law having elapsed, Trustee, without 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 the purchaser his or her deed conveying the Property so sold, but without any covenant or warranty express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness of such matters or facts. After deducting all costs, tees and expenses of Trustee and of this Trust, including cost of evidence of title and reasonable attorneys' fees, including those in connection with the sale, Trustee shall apply proceeds of sale to payment of (aj all sums expended under this Deed of Trust, not then repaid with interest thereon as provided in this Deed of Trust; (b) all Indebtedness secured hereby; and (cl the remainder, if any, to the person or parsons legally entitled thereto. Attorneys' Feas; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expanses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cast of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers end obligations of Trustee are part of this Deed of Trust: Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor: (al join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real Property; and (cl join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien, or of any action or proceeding in which Grantor, Lender, or Trustee shell be a party, unless the action or proceeding is brought by Trustee. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to all or any pare of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Ada County, State of Idaho. The instrument shall contain, in addition. to all other matters required by state law, the names of the original Lender, Trustee, and Grantor, the book and page where this Deed of Trust is recorded, and the name and address of the successor trustee, and the instrument shalt be executed and acknowledgetl 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 Dead 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 telefacslmile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The tollowing miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Idaho without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the State of Idaho. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of CANYON 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 shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver.of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall. be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated in this Daed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust end 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. DEED OF TRUST Loan No: 1001001426898 (Continued) Page 7 r_nvu ~ eu L,IIHt31LITY COMPANY ACKNOWLEDGMENT STATE OF _ _,LQ~~ ~T ) SS COUNTY OF ~tw ,+~ ) On this ~~ day of d c ~a rq ~!` , in the year 20 O 7 ,before me ~ >L3o., ~ (/a~/s'+~e/7~~ a notary public in and for the State of Idaho, personally appeared Waher W. Mo w, Member of Tsunami Investments, LLC, known or identified to me (or proved to me on the oath of the members or designated agents in the limited liability company of Tsunami Investments, LLC, and the member or designated agent oe one of the members or designated agents who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that he or she exe tad- same i saidd-liability company name. B ~ -} :~-=e.e~"`..-~~ ~ ~~ '''1.^"'.'i~^ Residingg at ~~.9J~c.~ lr ~ ~'// Notary Pubhc fo ;~-~.,..~- -,A~~t9g111111 a„_ \~" 4. V ,q~,' My commission expires ,~ ~ - A ~ ti~Q~O~~.••• !ISIS 4~~ ~zza~,~ ~OTAgr',yO aE '~' •r•N ~_ en'•_PUBLIL.•n To: REQUEST FOR FULL~~iG~'y~J~""- NCE (To be used only when obligations UHIB~~R paid in full) Trustee The undersigned is the legal owner and holder of ail 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 Dead 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 Related Documents to: Date: Beneficiary: sy: Its: Y^ WUW C Fli •W4 Mm, .189>, )pp). A9 pIyN 8,••ni,tl. -gyp F.1CFl1VL~pp1.FC T41]88 P0.8 N r O N ti N O W Zrl 3 Hearing Date: 10/18/2012 Project Name: Backstage Dance Center File No.: CUP-12-011 Request: Request for Conditional Use Permit to operate an indoor recreation facility (dance studio) from an existing building in an I-L zoning district, by Backstage Dance Center Location: 1535 E. Commercial Drive (Lot 2, Block 3 of Railside Park Subdivision), in the NE '/ of the SE '/ of Section 7, Township 3 North, Range 1 East, B.M.