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Cherry Lane Golf Course CUP 00-008The Idaho Statesman P.O. Box 40, Boise, Idaho 83707-0040 Ao mt # LEGAL ADVERTISING PROOF OF PUBLICATION DTI# Identification Amount: 064514 1 98543 PUBLIC HEARINGREQs Ordered by: P.O. # $47.64 Rate Run Dates SHELBY NT CITY OF MERIDIAN FEB• 18, MAR. 3, 2000 of 33 EAST IDAHO STREET Lines MERIDIAN, IDAHO 83642 31 AffidavitNumber Legal # 1 6344 LEGAL NOTICE PUBLIC HEARING JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal to the NOTICE sRo HEREBY City Of Merid an Clerk of The Idaho Statesman, a daily newspaper printed and published at and the Laws of the State of Idaho, mat Boise, Ada County, State of Idaho, and having a general circulation therein, and the City Council of the City of Meridian will hold a public hearing at the Meridian i which said newspaper has been continuously and uninterruptedly City Hall, 33 East Idaho Street, Meridian, p y published in Idaho, at the hour of 7:30 p.m. on March n, said County during a period of twelve consecutive months prior to the first 2000, for the purpose 0f reviewing and considering the application of Cherry publication of the notice, a copy of which is attached hereto: that said notice Lane Recreation, Inc., for a conditional was published in The Idaho Statesman, in conformity with Section 60 108, use permit for time extension of tempo- rary clubhouse generally located at 4100 West Talamore. Idaho Code, as amended for: TWO offA more particular description of the ice atrMeridian City Hall 33 East Idaho Street, and is available for inspection dur- consecutive weekly =single ing regular business hours. , uponcrequest.tAnapplication alterestedlper- =consecutive daily �X odd Ski sons shall be heard at said public hearing insertion(S) p and the public is welcome and invited to submit DATED testimony day of January, 2000 beginning with the issue of: FEBRUARY 18 2000 WILLIAM G. BERG, JR., CITY CLERK and ending with the issue of: MARCH 3 , 2000 Pub. Feb. 18, Mar. 3, 2000 - 6344 STATE OF IDAHO ) )Ss COUNTY OF ADA On this 3 day of MARCH in the year of 2000 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executed the same. Notary Public for Idaho Residing at: Boise, Idaho My Commission expires: �, �� L �•• l`` x,NG r >'•., T rOTAR�. '0 MAR r 6 2000 ' CIS.'" OF VIERID �� p`'BLIG. 0 Certified Mailing Returns File No(s) Project Name NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on February 8, 2000 for the purpose of reviewing and considering the application of the City of Meridian for a conditional use permit for time extension of temporary clubhouse by Cherry Lane Recreation, Inc. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 10th day of January 2000. PUBLISH January 14 and January 28, 2000 WILLIAM G. BERG, JR.XITX CLERK W1 In r n C 2 CD CQ. sy CO O 7 rn Q. a o �C m E)SO°<M w v_ N (D '4 D Z a v C) c -, O a� Q 3 O W � �o OOi. K N 3 N Z u O ^o � c a N 00 � P N 13, o A: D A C ;\ O `K C� N � o � 1 m0 i D X D r o O O v n C 2 CD CQ. sy CO O 7 rn Q. a o �C m E)SO°<M w v_ N (D '4 D Z PERKINS SYLVESTER 0 & RONG MARY JANE AND PERKINS MARGARET R HAMON BARBARA J 3913 W TETER ST 3998 W HARBOR POINT DR MERIDIAN ID 83642-3979 MERIDIAN ID 83642 PATTERSON DANA L & CHERRY LANE RECREATION PATTERSON RONDA J PROPERTY OWNERS WITHIN 300' (CUP) MERIDIAN CITY OF HALL JEFFREY M AND 33 E IDAHO AVE ELAM DANIELLE M MERIDIAN ID 83642-2631 3985 W TETER ST N BLACK CAT RD MERIDIAN ID 83642 W HARBOR POINT DR 3966 W HARBOR POINT DR N TURNBERRY WAY HEPPER HOMES INC MERIDIAN ID 83642 43 E FAIRVIEW AVE STEINER DEVELOPMENT LLC MERIDIAN ID 83642 554 E BELLEVUE RD 4077 W TETER ST SUITE #B MERIDIAN ID 83642 ATWATER CA 95301 BUSHONG FAMILY TRUST N BLACK CAT RD 4042 W HARBOR POINT W HARBOR POINT DR MERIDIAN ID 83642 WILLIAMS DANIEL R & TUCKER DAVID M & WILLIAMS MARY LOU TUCKER SHIRLEY J 3881 W TETER ST 4014 W HARBOR POINT DR MERIDIAN ID 83642 MERIDIAN ID 83642 PERKINS SYLVESTER 0 & RONG MARY JANE AND PERKINS MARGARET R HAMON BARBARA J 3913 W TETER ST 3998 W HARBOR POINT DR MERIDIAN ID 83642-3979 MERIDIAN ID 83642 PATTERSON DANA L & COX MARGARET JUNE PATTERSON RONDA J 3980 W HARBOR POINT DR 3935 W TETER ST MERIDIAN ID 83642 MERIDIAN ID 83642 WOOD RICHARD D & FLYNN RICHARD D & WOOD E COLLEEN FLYNN MARILYN 3966 W HARBOR POINT DR 3967 N TETER MERIDIAN ID 83642 MERIDIAN ID 83642 MAFFETT JAMES W MADISON DOUGLAS R & 3934 W HARBOR POINT DR MADISON OPAL MERIDIAN ID 83642 4017 W TETER ST MERIDIAN ID 83642 FARNHAM T JERALD & FARNHAM ELEANOR M BURTON PAUL W & 4074 W HARBOR POINT DR BURTON DIANE MERIDIAN ID 83642 4001 W TETER ST MERIDIAN ID 83642 SCHOOLER MARK D 3844 HARBORPOINT DR VREELAND AL & MERIDIAN ID 83642-1077 VREELAND GEORGIA C PO BOX 870 GILBERT ROBERT D & MERIDIAN ID 83680 GILBERT LYNN 4045 W TETER ST 4040 W COLUMBIA MERIDIAN ID 83642 3864 HARBORPOINT DR CHERRY LANE RECREATION PROPERTY OWNERS WITHIN 300' (CUP) SMITH MILTON DWAIN & SMITH KAREN K 3912 HARBORPOINT DR MERIDIAN ID 83642-1081 FICA JAMES W & FICA MARY JO 3834 HARBORPOINT DR MERIDIAN ID 83642-1077 FISTER WALLACE E & FISTER SUSAN M 2514 CROOKED CREEK MERIDIAN ID 83642 WILLIAMS LARRY D & WILLIAMS CYNTHIA L 3824 HARBORPOINT DR MERIDIAN ID 83642-1077 ASCHENBRENNER LEONARD A & F NADINE 2498 N CROOKED CREEK WAY MERIDIAN ID 83642 NEW CONCEPTS DEVELOPERS INC 310 E FRANKLIN MERIDIAN ID 83642 4015 W HARBOR POINT DR SANDS ROGER A & SANDS CLAIRE R 3997 W HARBOR POINT DR MERIDIAN ID 83642 GRANT JAMES & GRANT DORIS 3979 W HARBOR POINT DR MERIDIAN ID 83642-1102 BROCKMAN RUTH B & BROCKMAN DEAN R 3965 W HARBORPOINT DR MERIDIAN ID 83642 GROSS JOHN C & GROSS CATHY J 4043 W HARBOR POINT DR BARNEY MARY R 3566 W MURFIELD DR MERIDIAN ID 83642 3933 W HARBOR POINT DR NEWCOMB PAUL B & NEWCOMB JODEE A 3837 HARBORPOINT DR MERIDIAN ID 83642-1078 MCGREW DENNIS L & MCGREW NANCY J 3911 HARBORPOINT DR MERIDIAN ID 83642-1082 KNUDSEN D J & M J LIFE ESTATES KNUDSEN D J & M J TRUST 4075 W HARBOR POINT DR MERIDIAN ID 83642 KLEFMAN G D & ROSEMARIE TRUST KLEFMAN G D & ROSEMARIE TRSTEE 3725 N SEA COVE WAY MERIDIAN ID 83642-1084 PETERSON DORAN & ELLEN TRUST FIRST SECURITY BANK ID TRUSTEE 3827 HARBORPOINT DR MERIDIAN ID 83642-1078 GRS CONSTRUCTION INC 3515 W PINE AVE MERIDIAN ID 83642 2476 N CROOKED CREEK WAY MCCABE JOHN W & MCCABE ALICE L 3817 HARBORPOINT DR MERIDIAN ID 83642-1078 ASHFORD GREENS OWNERS ASSOCIATION INC 12426 W EXPLORER DR SUITE #220 BOISE ID 83713-1560 N CROOKED CREEK LN W TALAMORE BLVD MERIDIAN ID 83642 BARNETT BYION K 3807 HARBORPOINT DR (�bv MERIDIAN ID 83642 CHERRY LANE RECREATION PROPERTY OWNERS WITHIN 300' (CUP) BRIGHTON CORPORATION 12426 W EXPLORER DR SUITE #220 BOISE ID 83713-1560 W TALAMORE BLVD 2410 N CROOKED CREEK LN 2374 N CROOKED CREEK LN 2422 N CROOKED CREEK LN 2390 N CROOKED CREEK LN 2382 N CROOKED CREEK LN BOISE RESEARCH CENTER INC 12426 W EXPLORER DR STE 220 BOISE ID 83713-1560 N BLACK CAT RD HOWELL NANCY A & HOWELL RONALD H 2396 N CROOKED CREEK LN MERIDIAN ID 83642 FULWOOD HILLARD W IR & FULWOOD WILMA D 3840 W SEA ISLAND CRT MERIDIAN ID 83642 HASENYAGER GLEN D & HASENYAGER RUTH M 3830 SEA ISLAND CT MERIDIAN ID 83642-1074 BOLAND GLEN & BOLAND DOREEN 3855 SEA ISLAND CT MERIDIAN ID 83642-1075 r O a> o. m Ma D CD GOON wC7wOr:b�p �G �� o(D a 9n� NCrJN�HHWt�w dW(D %J1 �! 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N m Cb am c� 3 3 u cn n j O N Q co p_ yw3omm o='L-I'3m ri9� m0 m 3 w �� o w w 9 0. 0 = m o O- o a m :30'�53 o d. -0 XCD =m@ 5' 3 n m c c JNo m w 3 CL Cl � w d m a N am = m 3 m c 3 'Aw0,0 o,0 7 Q p�j m N (9p a _ m m m WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 21, 2000 TRANSMITTAL DATE: January 10, 2000 HEARING DATE: February 8, 2000 FILE NUMBER: CUP -00-008 REQUEST: CONDITIONAL USE PERMIT FOR TIME EXTENSION OF TEMPORARY CLUBHOUSE BY: CHERRY LANE RECREATION, INC. LOCATION OF PROPERTY OR PROJECT: 4100 W. TALAMORE KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C E, C/C KEITH BIRD, C/C ft -EY, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT City Council Members CITY OF MERIDIAN 1208> 2 9 Fax 288-2501 PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 21, 2000 TRANSMITTAL DATE: January 10, 2000 HEARING DATE: February 8, 2000 FILE NUMBER: CUP -00-008 REQUEST: CONDITIONAL USE PERMIT FOR TIME EXTENSION OF TEMPORARY CLUBHOUSE BY: CHERRY LANE RECREATION, INC. LOCATION OF PROPERTY OR PROJECT: 4100 W. TALAMORE KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C E, C/C KEITH BIRD, C/C ft -EY, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER Dec-07-99 11=39 ,.� ^ P_03 CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT ' 'UP-G�p`00$ NAMF: CHERRY LANE RECREATION, INC. PIjONF: 888-4080 ADDRESS: 4100 W. TALAMORE MERIDIAN, ID 83642 GENERAL LOCATION: 4100 W. TALAMORE DESCRIPTION OF PROPOSED CONDITIONAL USE: TIME EXTENSION FOR TEMPORARY CLUBHOUSE. ZONING CLASSIFICATION: __ R-4 I certify that the information contained herein is true and correct_ Signature: of Applicant Social Security Number 2 C1 LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and 7A)ning Conmwsion will hold a Public Heating in the Meridian City Hall on at _.n1 CONDITIONAL USE PERMIT submitted by the Proper tY generally descrnbeJ as located at TO The purpose of the IiearirW is to consider a for SUBDIVISION, BLOCK _ _ , LOT ,U-�=f !=O 11:41 P_O2 4200 '1'alamore Meridian, Idaho 83642 December 29, 1999 City of Meridian Planning and 'Zoning 200 Carlton Ave. Suite 201 Meridian, Idaho 93.542 Dear Planning and Zoning: Cherry i.ane Inc. requests that its conditional use permit be amended. Cherry Lane inc. requests immediate sewer and water hookups to the current temporary clubhouse and an occupancy permit. Cherry bane Inc., also, requests an extension of time to complete the current plans of huilding the golf course clubhouse. Cherry Lane inc. has the 161lowing extenuating circumstances that require requesting the permits at this time and the extension of time for construction. The Meridian City Council, Idaho Independent Rank, and Cherry Lane have been unable to agree on language that would result in the letter of credit required by the city. Since this is a $500,000 cash bond, each entity has been cautious to protect its interests. 'Phis caution has taken its toll in time. Additional days have been lost in waiting for legal documents to be processed and because absenteeism has delayed the process, At the city council meeting on June 15, 1999, the council voted to give 7 months to complete the project beginning from the physical moving of the temporary clubhouse. 'I'hc Permit to move has not been received and seems to be delayed dependent upon the letter of credit. This has not been completed as explained above. Also, when the above document was prepared by the city attorney, the deadline was changed to "7 months from the date of this order". This document could mean the deadline would be the end of January. The bank would be remiss to issue a letter of credit if an extension can not be obtained. Further, Cherry Lane Inc. was evicted from its temporary clubhouse location when Mr. Doug Campbell, developer of the site, moved the huilding to a location at the end (if' Talamore. Since the old site does not belong to neither the city nor the Cherry Lane inc., this move could not be prevented. Cherry .i .ane inc. operated from a tent until weather conditions became so severe as to take shelter within the temporary clubhouse. Permits to build were received Decemher 14, but were suspended the next morning because of noncompliance with 7A)ning. Cherry Lane Inc. has always believed that an agreement with the city and bank would be made in a timely manner. When the project was proposed, it seemed that little difficulty would be met in completing the plan. It has been in the best interest of all parties to sec Dec --30-99 11:42 .--r A--% P.03 this plan to li-union. Unfortunately, forward movement has been slow. Please grant this request so that this plan can move ibrward. Cherry Lane Inc. is prepared to begin construction as soon as the letter of creditt is agreed to and building permits are reinstated . Cherry Lane needs the following from planning and zoning: Modification to the existing Conditional Use Permit to include immediate occupancy permits and sewer and water hookups liar the temporary clubhouse at its current location. An extension of 6 months to construct the new clubhouse and to complete the parking lot, to begin as soon as the agreement liar the letter of credit can be reached and the permit to build can be reinstated. Thank you for your consideration. Sincerely, ?Jennif A. Lovan-IIolloway General Manager Cherry lane Goll'Course PROPERTY DESCRIPTION - CHERRY LANE CLUBHOUSE PARCEL AMENDED JUNE 21, 1999 A parcel of land situated in the SE ;,4 of the NW '4 of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the center section corner of said section 3; thence N 59°4512211W a distance of 759.17 feet to a point, THE POINT OF BEGINNING; thence S 00°30'15"W a distance of 163.24 feet to a point; thence N 8203010211E a distance of 225.00 feet to a point; thence S 00900'00"W a distance of 438.00 feet to a point; thence N 84946'11"W a distance of 252.67 feet to a point; thence along a non -tangent curve to the left having a Delta of 49931'1011, a Radius of 249.75 feet, a Tangent of 115.19 feet, a Chord Bearing of N25952' 45"W, a Chord distance of 209.20 feet, and an Arc Length of 215.85 feet to a point; thence N 50°38125"W a distance of 94.32 feet to a point; thence along a curve to the left having a Delta of 500513611, a Radius of 680.00 feet, a Tangent of 30.24 feet, a Chord Bearing of N53911113"W, a Chord distance of 60.43 feet, and an Are Length of 60.45 feet to a point; thence along a curve to the right having a Delta of 86918'5011, a Radius of 20.00 feet, a Tangent of 18.75 feet, a Chord Bearing of N12934'36"W, a Chord distance of 27.36 feet, and an Arc Length of 30.13 feet to a point; thence N 30934150"E a distance of 84.13 feet to a point; thence along a curve to the right having a Delta of 41913104", a Radius of 375.00 feet, a Tangent of 141.02 feet, a Chord Bearing of N51°11121"E, a Chord distance of 263.99 feet, and an Arc Length of 269.77 feet to a point; Said parcel containinq_.3,75 acres more or less. 31110 a--Z's-9 PREPARED BY: '7 TE 0? RICHARD A. JOHNSON IMSd NOTARIZED CONSENT FOR CONDITIONAL USE PERMIT CHERRY LANE GOLF COURSE --CLUB HOUSE April 5, 1999 RE: Consent for a Conditional Use Permit for a new club house at Cherry Lane Golf Course As City Clerk of the City of Meridian, I, William G. Berg, Jr., hereby give consent for an application to be submitted for a new club house at Cherry Lane Golf Course. The subject properties, having been deeded to and owned by the City, are generally located at the intersection of W. Talamore Blvd. and W. Harbor Point Dr. Sincerely, William G. Be City Clerk State of Idaho .E�111:EEYlI/l�lr/ -�� `� rg, Jr. rt D. Corrie o. ' ✓ r a SEAL = 9 cam ti cot N 9p� T 151 - (IN IN County of Ada) Mayor On this day of , 1999, before me, a notary public for said State, personally appeared i �-cj t f � C , known to me to be the persons whose name is subscribed to the wit instrument, and acknowledged to me that he executed the S-3 ,, 0 r v will TGA 411 n,ol s • I/Yar ► DJ (s) Notary bli Residing at Nvu a V-\ My Commission Expires I di S a�� Ila fi`)lil� ,1111W k filIl S�'_l 4 w t .................. A_ SHEET gHERRY LANE GOLF CLUB R.T.CAMPBELL DESIGNER 2 MERIDAIN ID 83642 208 884 2076 FAX 208 884 2086 OF 2638 N. TURNBERRY WAY 2 1 WALLY LOVAN 208 888 �� MERIDAIN ID 83642 IL ...... ........... I I I i .I ................ �....... ....., 5� I I I ' 101 I I I I I I ..............� ................ +� I I 1 $ I I I ; :.............� ................ I I I i I I I ..... ....... ...I ....... ..... ....... I I I i �................� ..................i .............. i . . ............... I I I ............ .... ..... ...... ...... I I ; I ; I .. . ..... I .. .... ! I I I I I I I I � I I I I I I I ' I I I I I ' I I I I I I I I I 1 SHEET CHERRY LANE GOLF CLUB R.T.CAMPBELL DESIGNER 3 MERIDAIN ID 83642 208 884 2076 FAX 208 884 2088 12- OF 208 888 4080 2638 N. TURNBERY WA MERIDAIN IDR83642 Y WALLY LOVAN 1� SHEET CHERRY LANE GOLF CLUB R.T.CAMPBELL DESIGNER 4 MERIDAIN ID 83642 208 884 2076 FAX 208 884 2086 OF 2638 N. TURNBERRY WAY 2 WALLY LOVAN 208 888 4080 1 MERIDAIN ID 83642 SHEET CHERRY LANE QOLF CLUB R.T.CAMPBELL DESIGNER MERIDAIN ID 83642 208 884 2076 FAX 208 884 2086 OF 2638 N. TURNBERRY WAY 12 WALLY LOVAN 208 888 4080 MERIDAIN ID 83642 0 SHEET CHERRY LANE GOLF CLUB R.T.CAMPBELL DESIGNER 7 MERIDAIN ID 83642 208 884 2076 FAX 208 884 2086 OF 2638 N. TURNBERRY WAY 1 WALLY LOVAN 208 888 4080 MERIDAIN ID 83642 -- CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT (FOR TIME EXTENSION) 1. APPLICANT a. NAME b. STREET C. CITY/STATE/ZIP d. PHONE NUMBER 2. OWNERS OF RECORD a . NAME b. STREET c. CITY/STATE/ZIP d. PHONE 3. LEGAL DESCRIPTION 4. PROOF OF OWNERSHIP 5. DESCRIPTION OF EXISTING USE 6. PRESENT USE OF SUBJECT PROPERTY 7. PROPOSED USE OF THE SUBJECT PROPERTY 8. THE DISTRICT (PRESENT ZONING) 9. VICINITY MAP (1"=3001) 30 COPIES 10. SITE PLAN (1"=50') 11. MAILING LIST OF PROPERTY OWNERS WITHIN 300' 12. CHARACTERISTICS THAT MAKE A CONDITIONAL USE DESIRABLE 13. FEE 14. STATEMENT THAT APPLICANT AGREES TO PAY ANY ADDITIONAL SEWER, WATFER OR TRASH FEES. 15. STATEMENT THAT APPLICANT VERIFIES CONTENTS. 16. PROPERTY TO BE POSTED 1 WEEK PRIOR TO HEARING (SIGNED AFFIDAVIT THAT THIS WILL BE DONE) - CHERRY LANE RECREATION INC. - 4100 W. TALAMORE BLVD. - MERIDIAN, IDAHO 83642 - 888-4080 - CITY OF MERIDIAN - 33 E. IDAHO AVE. - MERIDIAN, ID 83642 - 884-5533 - ENCLOSED - ON FILE - TEMPORARY CLUBHOUSE - TEMPORARY CLUBHOUSE - SAME (TIME EXTENSION) --- R-4 - ON FILE - ENCLOSED - ON FILE - CITY REQUIREMENT - ENCLOSED - ON FILE - ENCLOSED - ENCLOSED STATEL�iT TO CITY OF MERIDIAN I, Wallace D. Lovan, President of Cherry Lane Recreation, Inc. hereby agree to the following: 1. To pay any additional sewer, water or trash fees and or charges, if any, associated with the use of said property. 2. That I have read the contents of the Conditional Use Permit application and verify that to the best of my knowledge the information contained therein is true and correct. 3. That I will cause to have posted the "Notice of Hearing" on said property at least one (1) week prior to hearing. III'e A*Z�1- Wallace D. Loven, President STATE OF IDAHO } COUNTY OF ADA } Date On this 2 3 '-qday of c 1999, before me, a notary public in and for said state, personally appeared Wallace D. Loven, known or identified to me to be the President of Cherry Lane Recreation, Inc., who executed the instrument on behalf of said corporation, and acknowledged to me t s,uc,f corporation executed the same. ' ( ' Notary Pilulic Residing at vA 6ve 10 1"4,Y Idaho My Commission Expires 0 Mq '••. 1^ 6 ORIGINAL DOCUMENT IS PRINTED ON CHEMICAL REACTIVE 'PAPER & HAS A MICROPRINTED 9ORDER e CHERRY LANE RECREATION, INC. ar)-N rlF-py-bnFwi-R"w • 8 113 E. Idaho Ave. 4200 W. TALAMORE Meridian, Idaho 83642 MERIDIAN, IDAHO 83642 (208) 888-4080 92-373/1231 —DATE�i � � ` AMOUNT PAY / j " 14 - TO TO THE ORDER OF:117, 115000 5 1 9 LII' 1: 1 2 3 10 3 7 3 21:0 500004 I CITY OF MERIDIAN "Hub of Treasure Valiey" 33 E. Idaho Meridian, Idaho 83642 888-4433 ' GS -202-3 vnixreo wires PRINTED IN U.S.A. L } � . Lo § . M ! � a OLU m \ o OD C) a - 3 C) -H o w0o C m o G o Q 3 j o m > . . w i o c � / O ? R . �.. LO % E m Q f32 2 m � } = Q � 2 \ �4 ¢ w c ¥ » c @ / ro ` } � 0 «. w o \ ± §\ / �/ LL: (0 d } u Cf) . } o � } - } | L o �C \C 5 � \ } � * + C) LUUc ) o ca 1— G72 § 04 \ Lij A $ w WCL § � 2�/ ° j 0 / Ln cr rm J O O 0 O LnO ru m L� rm O m Mi ,45 Ln� m O 0 O Z -j § 0 L c a OLU m \ o OD Lli 0 w0o LIJg}�k LU � E LU 0 2cc00� o § -H .. \ c > 7 2 � / O ° a)o� E f32 2 m / w %m = Q ? 0 ^ / ¥ / � m- x o Mw ± \ / a LL: (0 Ln cr rm J O O 0 O LnO ru m L� rm O m Mi ,45 Ln� m O 0 O MERIDIAN CITY COUNCIL MEETING: AUGUST 17.1999 APPLICANT: CONSENT AGENDA AGENDA ITEM NUMBER: C REQUEST: MEMORANDUM CHERRY LANE GOLF COURSE AGREEMENT AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED MEMO CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become prop F� AUG 1 3 1999 CITY OF ilERIDLL - AUG 1 3 1999 n t e r o f f ice CITY OF Wv RIDLA-N MEMORANDUM To: Mayor Robert D. Corrie Councilman Ron Anderson Councilman Glenn Bentley Councilman Keith Bird Councilman Charlie Rountree William G. Berg, Jr., City Clerk From: Wm. F. Gigray, III G%i( Subject: MEMORANDUM OF LEASE A REEE BETWEEN THE CITY OF MERIDIAN AND CHERRY LANE REC ATION, INC. File No.: 4.1. LA and CUP -99-009 Date: August 11, 1999 Please find attached the Memorandum of Lease Agreement which I have prepared in order to accommodate Pioneer Title Company's request as a condition of issuance of title insurance, and which is required by the Bank in order for it to issue to the City the Letter of Credit, required of Cherry Lane Recreation, Inc., for the golf course clubhouse project. This Memorandum will be executed by both parties and recorded if approved by the City Council. Please note that the Memorandum of Lease Agreement is required by the Title Company as the lease agreement does not described the second nine holes, even though it was contemplated in the lease to include the same. msg/ZAWork\M\Meridian 15360KCherryLane Land Exchange\MayorCouncilClk081199.Ltr PARTIES: MEMORANDUM OF LEASE AGREEMENT Lessor: City of Meridian, an Idaho Municipal Corporation Lessee: Cherry Lane Recreation, Inc., an Idaho Corporation REAL PROPERTY: Those certain parcels of real property located in the City of Meridian, County of Ada, State of Idaho, and more particularly described in Exhibit "A" attached hereto and consisting of eight (8) pages, and by this reference incorporated herein. THIS IS TO ACKNOWLEDGE AND TO GIVE NOTICE to the world that the above named parties have entered into that certain lease agreement entitled, "AGREEMENT OF LEASE" on the 3`d day of October, 1978, the original of which is on file with the City Cleric of the Citv of Meridian at the Meridian Citv Hall, which agreement is in full force and effect and which agreement provides for the lease of the real property described herein. Dated this day of August, 1999. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. CHERRY LANE RECREATION, INC. am Wallace D. Lovan, President Venita I. Lovan NIENIORAIINDUM OF LEASE AGREEMENT —PAGE 1 OF 3 CITY OF MERIDIAN MAYOR ROBERT D. CORRIE Attest: CITY CLERK BY RESOLUTION NO. STATE OF IDAHO :ss COUNTY OF ADA ) On this day of August, in the year 1999, before me, a Notary Public, personally appeared WALLACE D. LOVAiN and VENITA I. LOVAli1, known or identified to me to be the President and of the Cherry Lane Recreation, Inc., an Idaho Corporation, and who executed the instrument or the person that executed the instrument on behalf of said corporation, and acknowledge to me that such corporation executed the same. (S EAL) Notary Public for Idaho Commission expires: MEMORANDUM OF LEASE AGREEMENT — PAGE 20F 3 STATE OF IDAHO ) :ss Countv of Ada ) On this day of August, in the year 1999, before me, a Notary Public, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known or identified to me to be the Mavor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said Citv, and acknowledged to me that such Citv executed the same. (SEAL) Notary Public for Idaho Commission expires: MEMORANDUM OF LEASE AGREEMENT — PAGE 30F 3 File Number: P183117 SCHEDULE C The land referred to in this Commitment is described as follows: PARCEL I A PARCEL OF LAND BEING A PORTION OF THE WEST -HALF, SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 ',NEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS CAP MARKING THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 'NEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID NORTHEAST QUARTER OF SECTION 3 NORTH 88 DEGREES 55'29" WEST 2643.29 FEET TO A BRASS CAP MARKING THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER/ THENCE LEAVING SAID SOUTHERLY BOUNDARY NORTH 75 DEGREES 30'00' WEST 190.00 FEET TO A 2" IRON PIPE; THENCE NORTH 40 DEGREES 00'00' WEST 40.00 FEET TO AN !RON PIN; THENCE SOUTH 75 DEGREES 59'31' WEST 70.00 FEET TO AN IRON PIN; THENCE SOUTH 25 DEGREES 00'00" WEST 64.19 FEE: TO AN IRON PIN; THENCE NORTH 89 DEGREES 25'06' WEST 254.51 FEET TO A POINT, SAID POINT ALSO BEING THE REAL POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 25'06' EST 100.01 FET TO A POINT; THENCE SOUTH 00 DEGREES 30'11" WEST 407.92 FEET TO A POINT; THENCE SOUTH 68 DEGREES 54'11' EAST 276.46 FEET TO A POINT MARKING A POINT OF CURVE; THENCE ALONG A CURVE TO THE RIGHT 59.46 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 34 DEGREES 04'10', A RADIUS OF 100.00 FEET, TANGENTS OF 30.64 FEET AND A LONG CHORD OF 58.59 FEET BEARING SOUTH 51 DEGREES 52'06" EAST TO A POINT MARKING A POINT OF TANGENTS; THENCE SOUTH 34 DEGREES 50'01" EAST 292.99 FEET TO A POINT; THENCE SOUTH 89 DEGREES 48'41" EAST 147.34 FEET TO A POINT; THENCE NORTH 35 DEGREES 00100' WEST 109.03 FET TO A POINT; THENCE NORTH 51 DEGREES 45'00" 'NEST 580.00 FccET TO A POINT; THENCE NORTH 00 DEGREE 29.44" EAST 335.18 FEET TO THE POINT OF BEGINNING. PARCEL II A PARCEL OF LAND LYING IN PORTIONS OF THE SOUTH HALF OF THE NORTH HALF AND THE NORTH HALF OF THE SOUTH HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 'NEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT !BARKING THE NORTHWEST CORNER OF THE SAID NORTH HALF OF THE SOUTH HALF OF SECTION 3; THENCE SOUTH 89 DEGREES 25'06" EAST 2,077,73 FEET ALONG THE NORTHERLY BOUNDARY OF THE SAID NORTH HALF OF THE SOUTH HALF OF SECTION 3 TO A POINT, ALSO SAID POINT BEING THE REAL POINT OF BEGINNING; THENCE SOUTH 0 DEGREE 29'44" WEST 335.16 FEET TO A POINT; THENCC SOUTH 51 DEGREES 45'00" EAST 580.00 FEET TO A POINT; THENCE SOUTH 35 DEGREES 0000" EAST 285.33 FEET TO A POINT; THENC= SOUTH 22 DEGREES 15'00" NEST 60.05 FEET TO A POINT; THENCE SOUTH 43 DEGREES S8'10" EAST 238.75 FEE- TO A POINT; THENCE SOUTH 29 DEGREES 00'00" _AST 110.00 FEET TO A POINT; THENCE NORTH 61 DEGREES 00'00' EAST 81,19 FEE TO A POINT OF CURVE; THENCE LEGAL CONT_NUED EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT File Number: P183117 PAGE 2 PARCEL II (CONT.) NORTHEASTERLY ALONG A CURVE TO THE LEFT 147.14 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 48 DEGREES 10'28", A RADIUS OF 175.00 FEE', TANGENTS OF 78.23 FEET AND A LONG CHORD OF 142.84 FEET BEARING NORTH 36 DEGREES 54'46" EAST TO A POINT OF ENDING OF CURVE; THENCE NORTH 56 DEGREES 30'00" WEST 151.38 FEET TO A POINT; THENCE NORTH 41 DEGREES 30'00" WEST 203.92 FEET TO A POINT; THENCE NORTH 17 DEGREES 15'00" WEST 94,14 FEET TO A POINT; THENCE NORTH 22 DEGREES 15'00" EAST 147.00 FET TO A POINT; THENCE NORTH 65 DEGREES 50'00" EAST 45.00 FEET TO A POINT; THENCE SOUTH 87 DEGREES 20'00" EAST 78.40 FEET TO A POINT; THENCE SOUTH 68 DEGREES 00'00•' EAST 61.48 FELT TO A POINT; THENCE SOUTH 71 DEGREES 33'25" EAST 88.05 FEET TO A POINT; THENCE SOUTH 60 DEGREES 00'00" EAST 106.33 FEET TO A POINT OF BEGINNING OF CURVE; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT 139.32 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 25 DEGREES 35'19', A RADIUS OF 311.95 FET, TANGENTS OF 70.84 FEET AND ALONG CHORD OF 138.16 FEET SEARING NORTH 56 DEGREES 12'20" EAST TO A POINT OF TANGENT; THENCE NORTH 69 DEGREES 00'00' EAST 115.08 FEET TO A POINT OF CURVE; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT 125.75 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 24 DEGREES 25'22", A RADIUS OF 295.00 FEET, TANGENTS OF 63.84 FEET AND A LONG CHORD OF 124.80 FEET BEARING NORTH 56 DEGREE 47'19" EAST TO A POINT OF ENDING OF CURVE; THENCE NORTH 44 DEGREES 00'00" WEST 79.63 FEET TO A POINT; THENCE NORTH 67 DEGREES 45100° WEST 160.00 FEET TO A POINT; THENCE SOUTH 65 DEGREES 50'00" WEST 244.67 FEET TO A POINT; THENCE NORTH 50 DEGREES 30'00" WEST 114.35 FEET TO A POINT; THENCE NORTH 44 DEGREES 00'00" EAST 90.00 FE -77 TO A POINT; THENCE NORTH 17 DEGREES 00'00" WEST 175.00 FET TO A POINT; THENCE NORTH 12 DEGREES 00'00" EAST 280.00 FEET TO A POINT; THENCE NORTH 77 DEGREE-- 30'00' WEST 170.00 FEET TO A POINT; THENCE SOUTH 68 DEGREES 00'00" WEST 265.00 FEET TO A POINT MARKING THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SAID SECTION 3; THENCE NORTH 75 DEGREES 30'00" WEST 190.00 FEET TO A POINT; THENCE NORTH 40 DEGREES 00'00" WEST 40.00 FEET TO A POINT; THENCE SOUTH 75 DEGREES 59'31' WEST 70.00 FE=T TO A POINT; THENCE SOUTH 25 OEGRES 00'00" WEST 64.19 FEET TO A POINT ON THE SAID NORTHERLY BOUNDARY OF THE NORTH HALF OF THE SOUTH HALF OF SECTION 3; THENCE NORTH 89 DEGREES 25'06" 'NEST 254.51 FEET ALONG THE SAID NORTHERLY BOUNDARY OF THE NORTH HALF OF THE SOUTH HALF OF SECTION 3 TO THE POINT OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN THE FOLLOWING SUBDIVISIONS: CHERRY LANE VILLAGE NO. 1 SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FLED IN BOOK 44 OF PLATS AT PAGES 3537 AND 3538, RECORDS OF ADA COUNT'!, IDAHO; CHERRY LANE VILLAGE NO. 2 SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 46 OF PLATS AT PAGES 3791 AND 3792, RECORDS OF ADA COUNTY, IDAHO; THE LAKE AT CHERRY LANE, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 52 OF PLATS AT PAGES 4569 AND 4570, RECORDS OF ADA COUNTY, IDAHO; THE LAKE AT CHERRY LANE NO. 2, ACCORDING TO THE PLAT THEREOF F?L.ED IN BOOK S4 OF PLATS AT PAGES 4882 AND 4883, RECORDS OF ADA COUNTY, IDAHO; LEGAL CONTINUED EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT File Number; P183117 PAGE 3 PARCEL II (CONT.) THE LAKE AT CHERRY FILED IN BOOK 74 OF IDAHO. LANE NO. 4 SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RLATS AT PAGES 7674 AND 7675, RECORDS OF AOA COUNTY, PARCEL III -A A PORTION OF THE WEST HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBE) AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION 3; THENCE NORTH 0 DEGREE 38'11' EAST 2651.19 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 3 AND 4 AS SAME WAY REESTABLISHED BY LS 972 (CP & F INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27" EAST 2697.49 FEET; THENCE NORTH 0 DEGREE 38'27" EAST 22.64 FET TO A 5/8" IRON PIN; THENCE SOUTH 88 DEGREES 55131' EAST 379.53 FEET TO THE REAL POINT OF BEGINNING; THENCE CONTINUING SOUTH 88 DEGREES 55131" EAST 182.65 FEET TO A POINT; THENCE SOUTH 8 DEGREES 18'10" EAST 440.56 FEET TO A POINT; THENCE SOUTH 16 DEGREES 18'25" WEST 218.04 FEET TO A POINT; THENCE NORTH 89 DEGREES 13'51" EAST 540.22 FEET TO A POINT; THENCE NORTH 71 DEGREES 43'34" EAST 442.46 FEET TO A POINT; THENCE NORTH 10 DEGREES 33'50- EAST 487.84 FEET 70 A POINT; THENCE SOUTH 88 DEGREHS 55'31• EAST 124.84 FEET TO A POINT; THENCE SOUTH 50 DEGREES 38'25' EAST 89.99 FET TO A POINT; THENCE 165.33 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 250.25 FEET, A CENTRAL ANGLE OF 37 DEGREES 51'08", AND A LONG CHORD BEARING SOUTH 31 DEGREES 42'52" EAST 162.34 FEET TO A POINT; THENCE NORTH 89 DEGREES 29'44' WEST 120.24 FET TO A POINT; THENCE SOUTH 4 DEGREE 27'17" EAST 80.30 F=ET,TO A POINT; THENCE SOUTH 0 DEGREE 30'16" WEST 230.52 FEET TO A POINT; THENCE SOUTH 10 DEGREES 31'20" WEST 123.51 FET TO A POINT; THENCE SOUTH 30 DEGREES 14'07" WEST 119,57 FET TO A POINT; THENCE SOUTH 50 DEGREES 50'29• WEST 134.39 FEET TO A POINT; THENCE SOUTH 71 DEGREES 28'48" WEST 120.54 FEET TO A POINT; THENCE SOUTH 82 DEGREES 45'!2" WEST 225.84 FEET TO A POINT; THENCE SOUTH 89 DEGREES 02'57' WEST 67.30 FEET TO A POINT; THENCE NORTH 89 DEGREES 10'41" WEST 825.06 FEET TO A POINT; THENCE NORTH 77 DEGREES 29'20" WEST 148.07 FEET TO A POINT; THENCE ,NORTH 89 DEGREES 10'41" 'NEST 160.40 FEET TO A POINT LYING 65.00 FEET EAST OF THE WEST BOUNDARY OF SAID SECTION 3; THENCE ALONG A LINE 65.00 FEET EAST OF AND PARALLEL TO THE WEST BOUNDARY OF SAID SECTION 3 NORTH 0 DEGREES 38'11" EAST 247.64 FEST TO A POINT; THENCE SOUTH 89 OEGREES 21'49" EAST 156.03 FEET TO A POINT; THENCE NORTH 45 DEGREES 03'16" EAST 163.61 FEET TO A POINT; THENCE NORTH 5 DEGREES 39'31• EXAST 502.42 FEET TO THE POINT OF 6EGINNING. LEGAL CONTINUED EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT File Number: P183117 PAGE 4 PARCEL III -8 A PORTION OF THE 'NEST HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 'NEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION 3; THENCE NORTH 0 DEGREE 38'11" EAST 2651.19 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP & F INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, IDAHO); FORM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27' EAST 2697.49 FEET; THENCE NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/8" IRON PIN; THENCE SOUTH 88 DEGREES 56'31" EAST 1977.72 FEET TO A 5/8' IRON PIN AND THE REAL POINT OF BEGINNING; THENCE SOUTH 0 DEGREE 30'15" WEST 413.59 FEET TO A POINT; THENCE NORTH 68 DEGREES 54'11" WEST 26.71 FEET TO A POINT; THENCE NORTH 68 DEGREES 54'11" WEST 26.71 FEET TO A POINT; THENCE NORTH 0 DEGREE 30'15" EAST 217.93 FEET TO A POINT; THENCE 211.88 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 249.75 FEET, A CENTRAL ANGLE OF 46 DEGREES 36'25" AND A LONG CHORD BEARING NORTH 23 DEGREES 47'57" WEST 205.58 FEET TO A POINT; THENCE SOUTH 88 DEGREES 55'31- EAST 109.62 FEET TO THE POINT OF BEGINNING. PARCEL IV -A A PORTION OF SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 'NEST, BOISE MERIDIAN, MERIDIAN, AOA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION 3; THENCE NORTH 0 DEGREE 38'11" EAST, 2651.19 FEET TO THE QUARTER CORNER COMMON TO SAID SECTION 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP & F INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27' EAST, 2697.49 FEET; THENCE NORTH 0 DECREE.38'27- EAST 22.64 FEET TO A 5/8" IRON PIN; THENCE SOUTH 88 DEGREES 55'31' EAST, 379.53 FEET TO THE REAL POINT OF BEGINNING; THENCE NORTH 5 DEGREE 39'31" EAST, 290.28 FEET TO A POINT; THENCE 46.45 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 10 DEGREES 38'46', AND A LONG CHORD BEARING SOUTH 49 OEGRE:S 22'43- EAST, 46.39 FEET TO A POINT; THENCE SOUTH 44 DEGREES 03'20- EAST, 136.41 F=EET TO A POINT; THENCE SOUTH 8 DEGREES 18'10' EAST, 165.80 FEET TO A POINT; THENCE NORTH 88 DEGREES 55'31' 'NEST, 182.65 FEET TO THE POINT OF BEGINNING. PARCEL IV -8 A PORTION OF GOVERNMENT LOT 4 AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 'NEST, BOISE ,MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO MORE PARTICULARLY DESCRIBED AS 7OLLOWS: L-EGAL CONTINUED EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT File Number: P183117 PAGE 5 PACREL IV -8 (CONT.) COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION 3; THENCE NORTH 0 DEGREE 38'11" EAST, 2651.19 FEET TO THE QUARTER CORNER COMMON TO SAID SECTION 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP & F INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27" EAST, 2597.49 FEET; THENCE NORTH 0 DEGREE 38'27- EAST 22.64 FEET TO A 5/8" IRON PIN: THENCE SOUTH 88 DEGREES 55'31' EAST, 834.71 FEET TO A POINT; THENCE NORTH 1 DEGREE 04'29" EAST, 77.45 FEET TO THE REAL POINT OF BEGINNING; THENCE 199.31 FEET ALONG THE ARC OF CURVE TO THE RIGHT HAVING A RADIUS OF 270.00 FEET, A CENTRAL ANGLE OF 42 DEGREES 17'41" AND A LONG CHORD BEARING NORTH 69- DEGREES 12'11" WEST, 194.81 FEET TO A POINT; THENCE NORTH 44 DEGREES 03"20' WEST, 198.06 FEET TO A POINT; THENCE NORTH 37 DEGREE 38"05' EAST, 125.90 FEET TO A POINT; THENCE NORTH 4 DEGREES 26'20" WEST, 178.94 FELT TO A POINT; THENCENORTH 49 DEGREES 13'43" WEST, 619.18 FEET TO A POINT; THENCE NORTH 89 DEGREES 21'33" WEST, 39.72 FEET TO A POINT; THENCE NORTH 0 DEGREE 38'27' EAST, 178.61 FEET TO A POINT; THENCE SOUTH 89 DEGREES 21'33" EAST, 104.94 FEET TO A POINT; THENCE NORTH 26 DEGREES 46'55" EAST, 463.73 FEET TO A POINT; THENCE NORTH 13 DEGREES 05108" EAST, 186.18 FEET TO A POINT; THENCE SOUTH 89 DEGREES 23'04- EAST, 221.37 FEET TO A POINT; THENCE SOUTH 0 DEGREE 36'56" WEST, 30.00 FEET TO A POINT; THENCE NORTH 89 DEGREES 23'04- WEST, 114.43 FEET TO A POINT; THENCE SOUTH 10 DEGREES 38'11" WEST, 162.48 FEET TO A POINT; THENCE SOUTH 5 DEGREES 36'09" EAST, 160.95 FEET TO A POINT; THENCE SOUTH 48 DEGREES 58155" WEST, 66.41 FEET TO A POINT; THENCE SOUTH 10 DEGREES 49'04- WEST, 123.62 FEET TO A POINT; THENCE SOUTH 12 DEGREES 00100' EAST, 85.00 FEET TO A POINT; THENCE SOUTH 53 DEGREES 26'21- EAST, 142.60 FEET TO A POINT; THENCE SOUTH 6 DEGREES 51'51" WEST, 151.05 FEET TO A POINT; THENCE SOUTH 41 DEGREES 14'14" EAST, 171.06 FEET TO A POINT; THENCE SOUTH 89 DEGREES 12'26' EAST, 122.33 FET TO A POINT; THENCE SOUTH 43 DEGREES 03'05" EAST, 60.00 FEET TO A POINT; THENCE SOUTH 0 DEGREE 36'15" WEST, 671.50 FEET TO THE POINT OF BEGINNING. PARCEL IV -C A PORTION OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION 3; THENCE NORTH 0 DEGREE 38'11' EAST, 261.19 FEET TO THE SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 2697.49 FEET; THENCE NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/8" SOUTH 88 DEGREES 5_5'31" EAT, 1784.61 FEET TO A NORTH 1 DEGREE 04'29" EAST, 303.15 FEET TO THE THENCE LEGAL CONTINUED QUARTER CORNER COMMON TO BY LS 972 ( CP 3. F IDAHO); FROM WHICH THE DEGREE 38'27" EAST, IRON PIN: THENCE POINT: THENCE REAL POINT OF BEGINNING; EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT File Number: P183117 PAGE 6 PARCEL IV -C (CONT.) NORTH 66 DEGREES 28'40' WEST, 157.70 FEET TO A POINT; THENCE NORTH 56 DEGREES 50'39' WEST, 717.37 FEET TO A POINT; THENCE NORTH 89 DEGREES 23'44' WEST, 36.12 FEET TO A POINT; THENCE NORTH 0 DEGREE 36'28' EAST, 5.00 FEET TO A POINT; THENCE 154.59 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT, RADIUS OF 225.00 FEET, A CENTRAL ANGLE OF 39 DEGREES 22'00", CHORD BEARING NORTH 19 DEGREE 04'45" WEST, 151.57 FEET TO A NORTH 38 DEGREE 45'45" WEST, 39.00 FEET TO A POINT; THENCE NORTH 51 DEGREES 14'15' EAST, 110.00 FEET TO A POINT; THENCE NORTH 26 DEGREES 11'31" WEST, 134.78 FEET TO A POINT; THENCE NORTH 4 DEGREES 04'20" WEST, 277.45 FEET TO A POINT; THENCE NORTH 31 DEGREES 46'35" WEST, 241.56 FEET TO A POINT; THENCE NORTH 0 DEGREE 36'56" EAST, 132.59 FEET TO A POINT; THENCE NORTH 89 DEGREES 23'04" WEST, 110.00 FEET TO A POINT; THENCE NORTH 0 DEGREE 36'56' EAST, 30.00 FEET TO A POINT; THENCE SOUTH 89 DEGREES 23'04' EAST, 175.94 FEET TO A POINT; THENCE SOUTH 78 DEGREES 05'29' EAST, 71.13 FEET TO A POINT; THENCE SOUTH 63 DEGREES 13'16' EAST, 65.34 FEET TO A POINT; THENCE SOUTH 56 DEGREES 28'32' EAST, 79.07 FEET TO A POINT; THENCE SOUTH 53 DEGREES 15'09' EAST, 86.07 FEET TO A POINT; THENCE SOUTH 42 DEGREES 31'18" EAST, 70.53 FEET TO A POINT; THENCE SOUTH 35 DEGREES 28.'22" EAST, 77.08 FEET TO A POINT; THENCE SOUTH 5 DEGREES 49'06" EAST, 249.89 FEET TO A POINT; THENCE SOUTH 8 DEGREES 16'07' EAST, 125.42 FEET TO A POINT; THENCE SOUTH 13 DEGREES 56'20' EAST, 266.06 FEET TO A POINT; THENCE SOUTH 42 DEGREES 43'29' EAST, 283.07 FEET TO A POINT; THENCE NORTH 61 DEGREES 49'13' EAST, 165.37 FEET TO A POINT; THENCE NORTH 11 DEGREES 00'42' WEST, 399.24 FEET TO A POINT; THENCE SOUTH 89 DEGREES 18'49" EAST, 398.40 FEET TO A POINT; THENCE SOUTH 79 DEGREES 02'15' EAST, 61.16 FEET TO A POINT; THENCE SOUTH 60 DEGREES 40'15" EAST, 164.39 FEET TO A POINT; THENCE SOUTH 85 DEGREES 10'18" EAST, 136.30 FEET TO A POINT; THENCE SOUTH 0 DEGREE 30'15" WEST, 235.93 FEET TO A POINT; THENCE NORTH 89 DEGREES 29'45" WEST, 80.00 FEET TO A POINT; THENCE SOUTH 78 DEGREES 33'49" WEST, 182.71 FEET TO A POINT; THENCE SOUTH 11 DEGREES 45'15" WEST, 185.77 FEET TO A POINT; THENCE SOUTH 0 DEGREE 30'15' WEST, 154.10 FEET TO A POINT; THENCE HAVING A AND A LONG POINT: THENCE 288.86 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 425.00 FEET, A CENTRAL ANGLE OF 38 DEGREES 56'31', AND A LONG CHORD BEARING SOUTH 63 DEGREES 04'11" WEST, 283.33 FEET TO THE POINT OF BEGINNING. PARCEL IV -0 A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION 3• THENCE LEGAL CONTINUED EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT File Number: P183117 PAGE i PARCEL IV -D (CONT.) NORTH 0 DEGREE 38'11' EAST, 2651.19 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP & F INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27" EAST, 2697.49 FEET; THENCE NCRTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/8' IRON PIN; THENCE SOUTH 88 DEGREES 55'31" EAST, 1614.53 FEET TO THE REAL POINT OF BEGINNING; THENCE NORTH 10 DEGREHS 33150' EAST, 72.37 FEET TO A POINT; THENCE 129.52 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 600.00 FEET, A CENTRAL ANGLE OF 12 DEGREES 22'07', AND A LONG CHORD BEARING SOUTH 56 DEGREES 49'29' EAST, 129.27 FEET TO A POINT; THENCE SOUTH 50 DEGREES 38'25- EAST, 4.33 FET TO A POINT; THENCE NORTH 88 DEGREES 55'31' WEST, 124.84 FEET TO THE POINT OF BEGINNING. PARCEL IV -E A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION 3; THENCE NORTH 0 DEGREE 38'11: EAST, 2651.19 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP 8 F INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27- EAST, 2697.49 FEET; THENCE NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/8" IRON PIN; THENCE SOUTH 88 DEGREES 55'31' EAST, 1977.72 FEET TO A 5/8" IRON PIN AND THE REAL POINT OF BEGINNING; THENCE NORTH 88 DEGREES 55'31" WEST, 109.62 FEET TO A POINT; THENCE 11.06 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 249.75 FEET, A CENTRAL ANGLE OF 2 DEGREES 32'16', AND A LONG CHORD BEARING NORTH 49 DEGREES 22'17" `NEST, 11.06 FEET TO A POINT; THENCE NORTH 50 DEGREES 38'25" WEST, 94.32 FEET TO A POINT; THENCE 60.45 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 680.00 FEET, A CENTRAL ANGLE OF 5 DEGREES 05'36', AND A LONG CHORD BEARING NORTH 53 DEGREES 11'13" WEST, 60.43 FEET TO A POINT; THENCE 30.13 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 86 DEGREES 18'50", AND A LONG CHORD BEARING NORTH 12 DEGREES 34'36' WEST, 27.36 FEET TO A POINT; THENCE NORTH 30 DEGREES 34'50" EAST, 84.13 FEET TO A POINT; THENCE 269.77 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 375.00 FEET, A CENTRAL ANGLE OF 41 DEGREES 13'04", AND A LONG CHORD BEARING NORTH 51 DEGREES 11'21' EAST, 263.99 FEET TO A POINT; THENCE SOUTH 0 DEGREE 30'15" WEST, 369.89 FEET TO THE POINT OF BEGINNING. PARCEL V LOTS 1 AND 52 IN BLOCK 5, AND LOT 11 IN BLOCK 9 OF CHERRY LANE VILLAGE NO. 1 SUBDIVISION, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 44 OF PLATS AT PAGES 3537 THRU 3538, RECORDS OF ADA COUNTY, IDAHO. LEGAL CONTINUED EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT File Number: P183117 PAGE 8 PARCEL VI LOTS 12 AND 21 IN BLOCK 9 AND LOT 4 IN BLOCK 11 AND LOT 53 IN BLOCK 5 OF CHERRY LANE VILLAGE NO. 2 SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 46 OF PLATS AT PAGES 3791 AND 3792, RECORDS OF ADA COUNTY, IDAHO. PARCEL VIS LOT 83 IN BLOCK 5 AND LOT 14, IN BLOCK 13 CHERRY LANE VILLAGE NO. 3 SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 58 OF PLATS AT PAGES 5473 THRU 5475, RECORDS OF ADA COUNTY, IDAHO. PARCEL VIII LOT 28 IN BLOCK 11 AND LOT 39 IN BLOCK 13 CHERRY LANE VILLAGE N0, 4 SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 63 OF PLATS AT PAGES 6376 AND 6377, RECORDS OF AOA COUNTY, IDAHO. PARCEL IX LOT 9 IN BLOCK 1 OF RECORD OF SURVEY NO. 802 OF ADJUSTED LOT LINES FOR LOTS 8, 9 AND 10, IN BLOCK 1 OF THE LAKE AT CHERRY LANE, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 52 OF PLATS AT PAGES 4569 AND 4570, RECORDS OF ADA COUNTY, IDAHO. PARCEL X LOT 5 IN BLOCK 1 AND LOT 13 IN BLOCK 2, THE LAKE AT CHERRY LANE NO. 2, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 54 OF PLATS AT PAGES 4882 AND 4883, RECORDS OF ADA COUNTY, IDAHO. PARCEL XI LOT 24 IN BLOCK 2 OF THE LAKE AT CHERRY LANE NO. 3 SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 70 OF PLATS AT PAGES 7167 AND 7168, RECORDS OF ADA COUNTY, IDAHO. PARCEL XII LOT 19 IN BLOCK 1 AND LOT 46 IN BLOCK 2 OF THE LAKE AT CHERRY LANE NO. 4 SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 74 OF PLATS AT PAGE 7674 AND 7675, RECORDS OF ADA COUNTY, IDAHO. END OF LEGAL DESCRIPTION EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT ** TOTAL PAGE.09 '+ 50 Memo To: Mayor and City Council From: Steve Siddoway CC: Jennifer Lovan-Holloway Date: 8/13/01 Re: Cherry Lane Golf Course Maintenance Building n .RECEIVED AUG 16 2001 CITY OF MERIDIAN As requested by the Council, I met with Jennifer Lovan-Holloway and Nancy Link on August 9 to discuss potential locations of the proposed maintenance facility for Cherry Lane Golf Course. We examined 7 potential sites for the new maintenance building. Attached is a map depicting the seven sites. I will discuss the general pros & cons of each site below. None of the sites is free of issues. The goal is to find the site with the fewest conflicts. Site 1: This site is across Harbor Point Drive from the new clubhouse. It is the first choice of the golf course management. It also appears to have had general agreement among the Council members that this might be the best location, in the minutes of the May 8 hearing on this subject. On the positive side, this location can be monitored from the clubhouse; it has parking available across the street for workers; it does not affect as many homeowners' views as some of the other sites. Plus, it already has the activity and noise associated with the clubhouse and parking lot adjacent to it and it is centrally located. On the other hand, it is perhaps the most visually sensitive of all the potential sites. Any building built at this location will become a major focal point, given the existing site conditions such as the curve of the street. If the maintenance building were built in this location, it would require great attention to aesthetic details to make the building blend in with the surrounding properties. The siding should be horizontal and colored to match the nearby residences. The roof should be pitched and the area should be landscaped. Generally, maintenance facilities are tucked away and hidden as much as possible because of the necessary equipment, outdoor storage, etc., but this location is a focal point. Site 2: This site is the north side of the clubhouse. On the positive side, it is immediately adjacent to the clubhouse. However, this site is planned for parking expansion, cart storage, a new practice bunker, and expanded practice tee area. It also backs up to existing residences. Site 3: This site is just south of the clubhouse and would be ideal for many reasons. It does not abut any residential lots and therefore would not block anyone's view or directly affect any residences. The maintenance building would become part of the clubhouse "campus" and would therefore be easily monitored by the clubhouse, the existing parking is already available for employees and any noise associated with the maintenance facility would be confined to the clubhouse and not a more residential area. It is also less of a focal point than site 1, yet it is still centrally located. The problem with this site is that it is planned for a future scoreboard/barbecue area. This site seemed basically out of the question to Nancy and Jennifer due to conflicts with the barbecue area and associated entertainment. However, to be fair, no specific site planning for this area has been done to date. Therefore, I strongly recommend exploring the potential of this site to accommodate both uses. It appears that there may be enough room for both uses. If both uses can be accommodated spatially, I believe this would be the right site. If there is not enough room, one of the other sites will have to be used. Note: if the only argument against this site is that maintenance noise and odors associated with the facility are incompatible with the entertainment uses of the barbecue area, that would simply be a "nimby" argument, not unlike residents are likely to make if it were located near their backyard patios. In fact, if any noise, odors, and trash associated with the maintenance facility affect the clubhouse directly, such nuisances are more likely to be kept to a minimum. If such impacts make it incompatible with the barbecue area, I would suggest that the impacts would be even more incompatible with a residence. The more I think about this area, the more I believe that some creative site planning could allow this site to work for both uses. This should be explored in further detail. Site 4: If site 3 is unable to accommodate the building and if the aesthetic considerations of site 1 are too costly to be practical, site 4 becomes my next choice. It is located along Turnberry Way at the site of the old practice putting green. The site is surrounded by existing homes, but nearly all are fenced off so that none of the yards look directly into the area. Existing mature trees help screen the area and make it less visible to the general public. This site is far enough away from the clubhouse that it cannot be monitored directly. Parking would have to be provided. However, there is ample room for the maintenance building and associated parking. Site 5: This site is a wide spot in the fairway (I believe along hole 9) that is not often used for active play. It can be accessed via a maintenance road that ACHD has required to be built for access to the storm drainage ponds. It has adequate room and access, but the building would physically separate future houses from the fairway and would eliminate the views of the lots behind it. Site 6: This site is along Black Cat Road (I believe near hole 8). It already has a dedicated access/curb cut onto Black Cat and conflicts with few residences. The main problem with this site is adequate space. It is very tight and does not appear to be large enough to accommodate both the building and parking without acquiring additional land and/or moving the green. Also, maintenance equipment would be forced to drive on Black Cat Road. For this reason, this site is not recommended. Site 7: The issues with this site are very similar to Site 5. This also is a wide spot in the fairway along the par 5 and would separate future homes from the fairway. It would be accessed by a fairly long maintenance road that would have to be built off of Silver Leaf Way and run behind several homes before accessing the maintenance building. The direct impacts of this site on many homes make this one a poor choice. Staff Recommendations 1. First, explore the possibility of placing the maintenance building on Site 3, south of the clubhouse. The applicant should prepare site plans to illustrate how the scoreboard/barbecue area and the maintenance building can or cannot be integrated. 2. My second choice would be Site 1. However, due to the high visual sensitivity of this site, aesthetics play a more critical role here than on any other site. The maintenance building should be residential in character and heavily landscaped. The applicant should explore the costs associated with the aesthetic improvements to the building. If they are cost -prohibitive, another site should be chosen. 3. If neither of the previous options work out, my third option would be Site 4. 4. The applicant should hold neighborhood meeting(s) on the proposed sites with surrounding homeowners to discuss the site, provide information to the homeowners, and get feedback regarding the design. Planning and Zoning can provide a mailing list of surrounding property owners for each of the sites, at no charge. The applicant should simply call our office 48 hours prior to needing the list so that we can provide the most current information. Please note that this application will require a Conditional Use Permit. On a separate, but related note, 4 or 5 trees in the parking lot are dead and need to be replaced. Staff recommends that the applicant check with DuRite Nursery regarding guarantees on the trees, as they were just planted last November. The trees should be replaced this fall, at least by the end of October. (Many nursery stocks are depleted at this time of summer. However, new trees will be dug this fall to replenish available supplies.) This allows 2 % months to replace the dead trees. arry mane cion %.oOUF'bt aintenance tsunainc • ] l ali o 111 tzi: 'l.T raill TF1 0 ►'i RU ii (a i Y l i lvI-Ab9 V= Memo To: Mayor and City Council From Steve Siddoway CC: Jennifer Lovan-Hdlaway Date: 8/13/01 l lS Re: Cherry Lane Gotf Course Maintenance Building ,,�� ------ -- - Q. As requested by the Council, I met with Jennifer Lovan-Holloway and Nancy Link on August 9 to discuss potential locations of the proposed maintenance facility for Cherry Lane Golf Course. We examined 7 potential sites for the new maintenance building. Attached is a map depicting the seven sites. I will discuss the general pros & cons of each site below. None of the sites is free of issues. The goal is to find the site with the fewest conflicts. Site 1: This site is across Harbor Point Drive from the new clubhouse. It is the first choice of the golf course management. It also appears to have had general agreement among the Council members that this might be the best location, in the minutes of the May 8 hearing on this subject. On the positive side, this location can be monitored from the clubhouse; it has parking available across the street for workers; it does not affect as many homeowners' views as some of the other sites. Plus, it already has the activity and noise associated with the clubhouse and parking lot adjacent to it and it is centrally located On the other hand, it is perhaps the most visually sensitive of all the potential sites. Any building built at this location will become a major focal point, given the existing site conditions such as the curve of the street. If the maintenance building were built in this location, it would require great attention to aesthetic details to make the building blend in with the surrounding properties. The siding should be horizontal and colored to match the nearby residences. The roof should be pitched and the area should be landscaped. Generally, maintenance facilities are tucked away and hidden as much as possible because of the necessary equipment, outdoor storage, etc., but this location is a focal point. Site 2: This site is the north side of the clubhouse. On the positive side, it is immediately adjacent to the clubhouse. However, this site is planned for parking expansion, cart storage, a new practice bunker, and expanded practice tee area. It also backs up to existing residences. Site 3: This site is just south of the clubhouse and would be ideal for many reasons. It does not abut any residential lots and therefore would not block anyone's view or directly affect any residences. The maintenance building would become part of the clubhouse "campus" and would therefore be easily monitored by the clubhouse, the existing parking is already available for employees and any noise associated with the maintenance facility would be confined to the clubhouse and not a more residential area. It is also less of a focal point than site 1, yet it is still centrally located. The problem with this site is that it is planned for a future scoreboard/barbecue area. This site seemed basically out of the question to Nancy and Jennifer due to conflicts with the barbecue area and associated entertainment. However, to be fair, no specific site planning for this area has been done to date. Therefore, I strongly recommend exploring the potential of this site to accommodate both uses. It appears that there may be enough room for both uses. If both uses can be accommodated spatially, I believe this would be the right site. If there is not enough room, one of the other sites will have to be used. Note: if the only argument against this site is that maintenance noise and odors associated with the facility are incompatible with the entertainment uses of the barbecue area, that would simply be a "nimby" argument, not unlike residents are likely to make if it were located near their backyard patios. In fact, if any noise, odors, and trash associated with the maintenance facility affect the clubhouse directly, such nuisances are more likely to be kept to a minimum. If such impacts make it incompatible with the barbecue area, I would suggest that the impacts would be even more incompatible with a residence. The more I think about this area, the more I believe that some creative site planning could allow this site to work for both uses. This should be explored in further detail. Site 4: If site 3 is unable to accommodate the building and if the aesthetic considerations of site 1 are too costly to be practical, site 4 becomes my next choice. It is located along Turnberry Way at the site of the old practice putting green. The site is surrounded by existing homes, but nearly all are fenced off so that none of the yards look directly into the area. Existing mature trees help screen the area and make it less visible to the general public. This site is far enough away from the clubhouse that it cannot be monitored directly. Parking would have to be provided. However, there is ample room for the maintenance building and associated parking. Site 5: This site is a wide spot in the fairway (I believe along hole 9) that is not often used for active play. It can be accessed via a maintenance road that ACHD has required to be built for access to the storm drainage ponds. It has adequate room and access, but the building would physically separate future houses from the fairway and would eliminate the views of the lots behind it. Site 6: This site is along Black Cat Road (I believe near hole 8). It already has a dedicated access/curb cut onto Black Cat and conflicts with few residences. The main problem with this site is adequate space. It is very tight and does not appear to be large enough to accommodate both the building and parking without acquiring additional land and/or moving the green. Also, maintenance equipment would be forced to drive on Black Cat Road. For this reason, this site is not recommended. Site 7: The issues with this site are very similar to Site 5. This also is a wide spot in the fairway along the par 5 and would separate future homes from the fairway. It would be accessed by a fairly long maintenance road that would have to be built off of Silver Leaf Way and run behind several homes before accessing the maintenance building. The direct impacts of this site on many homes make this one a poor choice. Staff Recommendations 1. First, explore the possibility of placing the maintenance building on Site 3, south of the clubhouse. The applicant should prepare site plans to illustrate how the scoreboard/barbecue area and the maintenance building can or cannot be integrated. 2. My second choice would be Site 1. However, due to the high visual sensitivity of this site, aesthetics play a more critical role here than on any other site. The maintenance building should be residential in character and heavily landscaped. The applicant should explore the costs associated with the aesthetic improvements to the building. If they are cost -prohibitive, another site should be chosen. 3. If neither of the previous options work out, my third option would be Site 4. 4. The applicant should hold neighborhood meeting(s) on the proposed sites with surrounding homeowners to discuss the site, provide information to the homeowners, and get feedback regarding the design. Planning and Zoning can provide a mailing list of surrounding property owners for each of the sites, at no charge. The applicant should simply call our office 48 hours prior to needing the list so that we can provide the most current information. Please note that this application will require a Conditional Use Permit. On a separate, but related note, 4 or 5 trees in the parking lot are dead and need to be replaced. Staff recommends that the applicant check with DuRite Nursery regarding guarantees on the trees, as they were just planted last November. The trees should be replaced this fall, at least by the end of October. (Many nursery stocks are depleted at this time of summer. However, new trees will be dug this fall to replenish available supplies.) This allows 2 % months to replace the dead trees. qrry- Lane Goll'Coursc: laintonance Building CEO Alk, J.P S r, ` � ♦ s � //�� r 11� ** Tx CONFIRMATION REPORT ** AS OF OCT 23 '01 15:47 PAGE. 01 CITY OF MERIDIAN DATE TIME ----- 10/23 15:46 CHERRY LANEROM MODE MINI SE ------------------------ EC --S 00'44" 00PGS CMD# STATUS Sent By: ---------------- UC . J OL W LL BAWEq' 8i" 9:SP1k...:,;Sx 036 OK ----------------------------- �I:ly 208 8841300.------ �UJ.Iili1••py;4�•�` Edf1Ei�:DEV^;:;:"..::-'..'-,•.�.... Oct•22.Ot 1x:59 563 . . age 2/2 .. RECEIVED .. Mg►wrabte'R 'e. Yoro1M ' . MOC-2373 _C01 , rrdfatt, m' .3ea a City Of Meridian eir'C1t�'t�suRdt . , City Clerk Office 33 . fdafyp.Iliia; Mefid , fa -e saa Re. Pr ° Win*anee BWkihl ibrt .:. gra,. • .• �e rMayor avMe and C°urdi Members: • .IA��•:aid+..:ati�ners•of:•IoJ�;ri ' • . . . aE., ..3ooitor � o pe►�+or� oFwm��r�,....,. �,.�.-.. a: ubdnaston. Won , .. • We � � ., .. ... . COWse oitt ilia: Ks'fi a Y� ixnl Via potenClai t pt:, e;ti +If Coursw ' b i f (Flaherty► a�d��Wlcir rd:�ft.; . s)i. he�9',:Con3tntcti�' ori ��;�„ 'flre� �ts:.ii 6ubtlivisbii .Na :t3 we to de' wiYtdut:'khoiwltge .ct. the Df:.'puri'itsk(ad a►ui sold; 'a pbih3.40 f3 M�tr�dleteiy ne�d•>daoer kVa psRero�ec�k: Perri* WCh" n:'A16ilntertifjl�:b !' -:j6 iflece is mLaNt4t si oof:s � Ott uvcted lh►a D sovih.t • " .•b l�iruril� we waatt! aerliciefiadi 'N the �pflC. ► fy neved anti the G Goum ►he +hair net we .. . • ' ' .. aAPF�ate; your 6►�►n+pl: �tt"iMt110 Slncerelr, Fhhe y Ci}r+slrilclon O,J. Cotrauctidn he t3y L Stoner oevero uis . gt p Mo. fts.011rigi a' 'e1'CtrorM CeneNa B.. ce Of 1115 eft/ Md the e to bAft. 1.1ho'homes two of us. t •at Chicly La. fiocisee baht -an mm 13uoi a maintenance 60146 to tbn. C4 I.. ' Mbn,. e5p Ihernew �Yublloue,�, ld ow that' the reign rnwte loohiton for this mattar. (200) 884-1300 BUSINESS (208)884-1306 FAX (200) WA -10110 CELLULAR KEN REEVES Saks assoalete ® COLDWELL BANKER LS ASPEN REALTY, INC. 900 NORTH LIND134 MERIDIAN, 10 82642 AGREEMENT Parties: City of Meridian Idaho Independent Bank and Cherry Lane Recreation, Inc. THIS AGREEMENT is made and entered into this S� day of 2eOc by and between the Citv of Lleridian, Idaho, a municipal corporation, ereinafter referred to as "City", and Idaho Independent Bank, and Idaho corporation, hereinafter referred to as "Bank", and Cherry Lane Recreation, Inc., and Idaho corporation. 1. RECITALS: 1.1 WHEREAS the City of Meridian has issued a conditional use permit to Cherry Lane Recreation, Inc. for the Golf Course Clubhouse, Parking Lot and Temporary Clubhouse at 4200 Talamore Blvd. Meridian Idaho; and 1.2 WHEREAS the Conditional use permit contains the following condition: " 1.20 The temporary clubhouse shall be used for a period not to exceed seven (7) months from the date of this order. Prior to moving of the temporary clubhouse, a letter of credit or cash shall be received by the City of Meridian as a guarantee for completion of the permanent clubhouse and parking lot in the amount of Five Hundred Thousand and No/100ths ($500,000.00) Dollars."; and 1.3 WHEREAS, in order to comply with condition 1.20 of the Conditional Use Permit and to construct the improvements permitted by the Conditional Use Permit, Cherry Lane has requested loans and other financial accommodations from Bank which the Bank is willing to provide upon various conditions, which conditions include as security a leasehold deed of trust upon Cherry Lane's lessees' interest in the real property, which is the subject of the Agreement of Lease, and in AGREEMENT - Page 1 addition the Bank requires the City to agree during the term of the leasehold deed of trust that no modifications of the Agreement of Lease be undertaken without the Citv first notifving the Bank, in writing at least 90 days prior to the effective date of any modification, of the City's intention to modify the Agreement, and that in the event of default by Cherry Lane under the terms of the Agreement of Lease the City would notify the Bank of such default in writing a least 30 days prior to taking any action to enforce anv of the City's Rights under the Agreement of Lease, during which time the bank would have the option to cure the default or take such other action as may be necessary to protect the Bank's security interest in the Agreement of Lease; and 1.4 WHEREAS Meridian is willing to enter into such an agreement to provide the Bank such notice only upon the consideration that Cherry Lane agree that the funds received from any loan from the Bank which is secured by the Leasehold deed of trust be used exclusively for capital improvements in the construction of the improvements referenced in the Conditional Use Permit and/or for meeting condition no. 1.20 of the Conditional Use Permit, and that the Bank and Cherry Lane agree that Meridian upon a default of Cherry Lane and foreclosure by the Bank of the Leasehold Deed of Trust shall have the exclusive first option to purchase from the Bank the note and all collateral, in the amount equal to the total amount then owed to the Bank by Cherry Lane together with all costs, expenses, and fees of the Bank which could not be exercised until a time subsequent to the expiration of the Letter of Credit issued by the Bank pursuant to condition no. 1.20 of the Conditional Use Permit; and that in the event of a default and in the event Cherry Lane fails to maintain the golf course Meridian ,upon 7 days prior written notice in the case of imminent peril with risk of loss to fairway or greens, could elect to maintain the golf course and premises to avoid loss of fairway or greens, and to be reimbursed for said reasonable costs only in the event either Cherry Lane or the Bank fails to provide written assurance to Meridian to take steps to prevent such loss, and that the Agreement of Lease be amended to provide that lessee shall provide proof of Casualty loss insurance for a reasonable amount of coverage for replacement of improvements, including sprinkler system, fairway and greens, clubhouse, parking facilities and any and all other improvements thereon and liability insurance in an amount commensurate with the coverage as carried by other 18 hole golf course facilities which are privately managed in the Ada/Canyon County region AGREEMENT - Page 2 of Idaho, and in no event less than the amount of liability provided under the State of Idaho Tort Claims Law presently codified at I.C. § 6- 926, or as it may be amended in the future with Meridian being designated on said insurance coverages as a co-insured. 1.5 WHEREAS Bank and Cherry Lane are agreeable to the consideration required by Meridian 2. DEFINITIONS: 2.1 Conditional Use Permit: means and refers to that certain Conditional Use Permit which was issued by the City of Meridian to Cherry Lane Recreation, Inc., an Idaho Corporation for the construction, use and maintenance of a Golf Course Clubhouse, Parking Lot and Temporary Clubhouse at 4200 Talamore Blvd, Meridian Idaho in City of Meridian Case No. CUP -99-009, as may be amended from time to time. 2.2 Meridian: means and refers to the City of Meridian, a municipal corporation having as its principle address 33 E. Idaho, Meridian, ID 83642. 2.3 Bank: means and refers to the Idaho Independent Bank, an Idaho corporation with its principle address at 317 N. 9`h Ave., Boise, ID 83702. 2.4 Cherry Lane: means and refers to Cherry Lane Recreation, Inc., an Idaho corporation with its principle offices at 4200 W. Talamore, Meridian ID 83642. 2.5 Agreement of Lease: means and refers to that certain Agreement of Lease by and between Meridian and Cherry Lane dated October 3, 1978. 2.6 Leasehold Deed of Trust: means and refers to that Certain Leasehold Deed of Trust by and between Bank and Cherry Lane which secures the Bank's loan to Cherry Lane in the leasehold interest of Cherry Lane to the Agreement of Lease. 2.7 Golf Course: means and refers to the golf course which has been developed and is the subject of the Agreement of Lease. AGREEMENT - Page 3 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 3. INCORPORATION OF RECITALS: 3.1 That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 4. AGREEMENT BETWEEN BANK, CHERRY LANE AND MERIDIAN: The provisions of this section shall be binding upon Bank, Cherry Lane and Meridian as follows: 4.1 During the term of the Leasehold Deed of Trust no modifications of the Agreement of Lease shall be under taken without Meridian first notifying the Bank, in writing at lease 90 days prior to the effective date of any modification, of the City's intention to modify the Agreement of Lease, and that in the event of default by Cherry Lane under the terms of the Agreement of Lease, Meridian shall notify the Bank of such default in writing at least 30 days prior to taking any action to enforce any of Meridian's rights under the Agreement of Lease, during which time the bank is given the option to cure the default or take such other action as may be necessary to protect the Bank's security interest in the Agreement of Lease. No modification of the Agreement of Lease nor any right of default of the Agreement of Lease shall accrue to Meridian until this provision has been complied with. 4.2 Meridian shall have the exclusive first option to purchase from the bank the note and all collateral, in the amount equal to the total amount then owed to the Bank by Cherry Lane together with all costs, expenses, and fees of the Bank. This option to purchase may be exercised at any time subsequent to the expiration of the letter of credit issued by the bank pursuant to condition number 1.20 of the conditional use permit but must be exercised prior to 3:00 p.m. Mountain time, on the business day prior to the date of any scheduled foreclosure sale. In the event Meridian determines to exercise its option as provided herein, it shall deliver the option price in cash to bank by no later than 3:00 p.m., Mountain time, on the business day prior to any scheduled foreclosure sale. The Bank shall give Meridian notice of foreclosure and of date of sale which shall include notice of this exclusive first option. Meridian may file a request for a copy of notice of default or notice of sale, AGREEMENT - Page 4 pursuant to I.C. § 45-151 1, and the Bank shall provide Meridian with the necessary information on the recording of the Leasehold Deed of Trust to enable Meridian to so file the request for notice and the Bank shall also cause Meridian to receive notice in the manner provided for in I.C. § 45-1505 at the address of Meridian herein provided even in the event Meridian fails to record a request for notice. =1.3 In the event of a default of the Leasehold deed of trust by Cherry Lane and in the event Cherry Lane fails to maintain the golf course Meridian upon 7 days prior written notice to Bank and that Cherry Lane in the case of imminent peril of risk of loss to fairway or greens Meridian has elected to maintain the golf course and premises to avoid loss of fairway or greens and shall be reimbursed for said reasonable costs, but only in the event either Cherry Lane or the Bank fails to provide written assurance to Meridian to take steps to prevent such loss. Meridian shall provide written notice of costs incurred under this section to Bank and Cherry Lane which shall then become due and payable within 30 days of the date of written notice. Any sum so paid by bank to Meridian shall be immediately due and owing by Cherry Lane to Bank and until paid to Bank, shall be secured by leasehold deed of trust granted by Cherry Lane in favor of the Bank. 5. AGREEMENT BETWEEN CHERRY LANE AND MERIDIAN: The provisions of this section shall be binding upon Cherry Lane and Meridian as follows: 5.1 The funds received from any loan from the Bank which is secured by the Leasehold deed of trust will be used exclusively for capital improvements in the construction of the improvements referenced in the Conditional Use Permit and/or for meeting condition no. 1.20 of the Conditional Use Permit, and Cherry Lane shall provide written proof at such time written request made by Meridian for such information to the Bank of the application of said fund as herein provided and Cherry Lane herein agrees that the Bank may provide such information to a duly authorized agent of Meridian. Request for such written proof made by Meridian shall be directed to Cherry Lane with a copy to the Bank and Cherry Lane shall respond within 21 days of the date of the request. In the event Meridian determines there has been a default of this section, it shall notify Cherry Lane and the Bank in writing of the claim of default and Cherry Lane shall have 30 days from the date of Notice AGREEMENT - Page 5 to cure the default. In the event the default is not cured, the Bank shall release all such information to Meridian. 6. INSURANCE: The provisions of this section shall be binding upon Cherry Lane and Meridian and shall serve as an amendment to their Agreement of Lease as follows. 6.1 Agreement of Lease be and is hereby amended to provide that lessee shall provide proof of Casualty Loss Insurance for a reasonable amount of coverage for replacement of improvements, including sprinkler system, fairway and greens, club house, parking facilities and any and all other improvements thereon and liability insurance in an amount commensurate with the coverage as carried by other 18 hole golf course facilities which are privately managed in the Ada/Canvon Countv region of Idaho, and in no event less than the amount of liability provided under the State of Idaho Tort Claims Lav presently codified at I.C. § 6- 926, or as it may be amended in the future with Meridian being designated on said insurance coverages as a co-insured and certificates of such insurance coverage provided to Meridian. 7. DEFAULT: 7.1 A default of this agreement by the Bank is a failure to provide Meridian notice of Foreclosure of the Leasehold deed of trust and or a failure to pay reasonable costs incurred by Meridian pursuant to section 4 of this agreement. 7.2 A default of this agreement by Cherry Lane is a failure to apply funds obtained from the Bank for the Loan and/or supply information as required in section 5.1 and/or a failure to pay reasonable costs incurred by Meridian pursuant to section 4.3 of this agreement and a default of requirement to carry insurance pursuant to section 6 of this agreement. S. REMEDIES: 8.1 In the event of default of Bank no foreclosure sale shall occur in the event of a notice default and in the event of failure to pay reasonable costs as provided in Section 4.3, the amount of costs plus interest at the statutory rate from the date of notice of the amount of costs incurred was given by Meridian. AGREEMENT - Page 6 8.2 In the event of default of Cherry Lane, it shall hold the Bank harmless from anv claim herein of default by Meridian, and in the event of a failure to apply funds received from the Bank from the loan and or to provide information as provided in section 5. 1, Cherry Lane shall be in default of the Agreement of Lease and in the event of failure to pay reasonable costs as provided in Section 4.3, the amount of costs plus interest at the statutory rate from the date of notice of the amount of costs incurred was given. 9. GENERAL PROVISIONS Section 9.1: Non -Waiver. The failure of a party hereto to insist upon strict performance of observance of this agreement shall not be a waiver of any breach of any terms or conditions of this agreement by any other party. Section 9.2: Conflicts of Agreement with Applicable Law. In the event any provision or section of this agreement conflicts with applicable law, or is otherwise held to be unenforceable, the remaining provisions shall nevertheless be enforceable and carried into effect. Section 9.3: Attorneys Fees. In the event any litigation arising under, or as a result of, this agreement or arising from any of the acts to be performed hereunder or the alleged breach of this agreement, except for an agreed declaratory judgment action sought to clarify the responsibility and or authority of the "Parties" hereunder, the prevailing party shall recover its costs and reasonable attorneys' fees. Section 9.4: Idaho Law. This agreement shall be governed and interpreted by the laws of the State of Idaho. Section 9.5: No Assignment. No party may assign this agreement or anv interest therein. Section 9.6: Notices. All notices, requests, demands and other communications under this agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice to be given, or on the third day after mailing, if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and unless either AGREEMENT - Page 7 party should notify the other of a change of address, properly addressed as follows: City of Meridian Attention: City Clerk 33 E. Idaho Meridian ID 83642 Idaho Independent Bank 317 N. 9`h Ave. Boise ID 83702 Cherry Lane Recreation, Inc. 4200 W. Talamore Meridian ID 83642 Section 9.7: This agreement shall be executed by the "Parties" in three (3) counterparts, and each such counterpart shall be deemed an "original". Section 9.8: Requirement for Recordation: City may record either a memorandum of this Agreement or this Agreement, and submit proof of such recording to the parties. AGREEMENT - Page 8 IN WITNESS WHEREOF, the parties have executed this Agreement at Ada County, Idaho, the date written below. Attest: �14�1RK BY RESOLUTION NO. 2'? 9 AGREEMENT - Page 9 CITY OF 1NIERIDLVN Bv: i YOR 013 D. CORRIE Orr SEAL= Owl IDAHO INDEPENDENT BANK LIM Cherry Lane Recreation, INC. 0.0 Wallace D. Lovan Venita I. Lovan t t STATE OF IDAHO) ss County of Ada ACKNOWLEDGMENTS On this ' S r day of Fedy1 u Qi! -p , in the year 2-000, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, Jr., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. ••'same••• 4? p T • (SEAL) a i ?' �ZC' O • ••: OF ID p;+• STATE OF IDAHO) " s :ss COUNTY OF ADA ) `, fn , Nota ublic for Idaho Commission expires: q/*oo On this day of , in the year , before me, a Notary Public, personally appeared , known or identified to me to be the of the Idaho Independent Bank, and acknowledged to me that he executed the instrument as of such bank. (SEAL) AGREEMENT - Page 10 Notary Public for Idaho Commission expires: STATE OF IDAHO) ss COUNTY OF ADA) C On this day of , in the year , before me, a Notary Public, personally appeared Wallace D. Lovan and Venita I. Lovan, known or identified to me to be the and of Cherry Lane*Recreation, Inc. respectively, and acknowledged to me that they executed the same as and of Cherry Lane Recreation, Inc. (SEAL) Notary Public for Idaho Commission expires: ey/ Z: \Work\ M \Meridian 15360M\Cherry Lane Estates\CityBankRec.Agr AGREEMENT - Page 11 RESOLUTION NO. 2 �W BY: keilm- ��' i`'e& A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO INDEPENDENT BANK, AND CHERRY LANE RECREATION, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, denoted as "AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and Cleric are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with IDAHO INDEPENDENT BA1NK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, entitled "AGREEMENT", by and between the City of Meridian and IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. RESOLUTION AUTHORIZING THE MAYOR TO ENTER — PAGE I OF 2 INTO AN AGREEMENT WITH IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC. Sj PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day or F'o bi-aa1C' 2000. / Sf APPP�OVED BY THE MAYOR OF THE CITY OF MERIDIAIN, IDAHO, this day of , 2000. SEAL 9Q r 1SI ATTEST: CITY CLERK msg/Z:\Work\M\Meridian 15360M\CherryLane Land Exchange\IdIndepntBkCherryLanAgmt.Res RESOLUTION OF THE CITY OF MERIDIAN — PAGE — AUTHORIZING THE MAYOR TO ENTER INTO A LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE DATED OCTOBER 30, 1978 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Cleric of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, 'vvith its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Cleric of this City, I am the custodian of its records and minutes and do hereby certify that on theI �'� day of ��hrt , 2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, denoted as "AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and Cleric are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, entitled "AGREEMENT", by and between the City of Meridian and IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. PO, T pry •, K�AL -WILLIAM G. BERG, JIV C5 O �CITY CLERK '9C�G�LST 1G1 STATE OF IDAHO, ss. County of Ada, On this Sfi day of Q it Gi,t ' in the year 2000, before me, a Notary Public, appeared WILLIAM G. BERG, IR., known or identified to me to be the City Cleric of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. •*,soma... E: UG •. •� 'O T 'q (SEAL) 4$ IgL,1 "0* Nota lic for Idaho Commission Expires: t Z6 G10 msg/Z:\Work\M\Ivteridian 15360M\CherryLane Land Exchange\CERTofCLICforlDlndedpLBkCherryLaneforRES RESOLUTION NO. 2 C/9 BY: iee/7 /(. /Ye& A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO INDEPENDENT BANK, AND CHERRY LANE RECREATION, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, denoted as "AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: I . The Mayor and Cleric are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, entitled "AGREEMENT", by and between the City of Meridian and IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. RESOLUTION AUTHORIZING THE MAYOR TO ENTER — PAGE I OF 2 INTO AN AGREEMENT WITH IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of F a brltalc_, 2000. / Sf APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of �� _ yk 2000. ATTEST: iz;;� - CITY CLERK msg/ZAWorlc\M\Meridian 15360M\CherryLane Land Exchange\IdIndepntBlcCherryLanAgmt.Res RESOLUTION OF THE CITY OF MERIDIAN — PAGE — AUTHORIZING THE MAYOR TO ENTER INTO A LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE DATED OCTOBER 30, 1978 r - C CERTIFICATE OF CLERK- OF LERKOF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Cleric of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Cleric of this City, I am the custodian of its records and minutes and do hereby certify that on the % �� day of ehk � , 2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, denoted as "AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and Cleric are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, entitled "AGREEMENT", by and between the City of Meridian and IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho r Corporation, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. of GCpP0F q \ O A SEAL _VNILLIAM G. BERG, JW 0 CITY CLERK STATE OF IDAHO, ss. County of Ada, ) On this St' day of FQhA is a/k U, in the year 2000, before me, , a Notary Public, appeared WILLIAM G. BERG, IR., known or identified to me to be the City Cleric of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. .•••soon•••• (SEAL) 'x It I ■ ■•■■ss•• /0#1--� Nota lic for Idaho Commission Expires: o msg/ZAWor1,\NI\N1eridian 15360M\CherryLane Land Exchange\CERTofCLICforIDIndedptBkCherryLaneforRES r�rZECC�i?DcD-RtC1UEST OF NOF: CU?',iTY RECORDER j. D:.?� I CSC ---- 2v031NR-9 r 1:35 100017942 AGREEMENT rVtERIDIAN CiTy Parties: City of Meridian Idaho Independent Bank and Cherry Lane Recreation, Inc. THIS AGREEMENT is made and entered into this Sfj day of �e7jf_ .an �Qo4 by and between the City of Meridian, Idaho, a municipal corporation, ereinafter referred to as "City", and Idaho Independent Bank, and Idaho corporation, hereinafter referred to as "Bank", and Cherry Lane Recreation, Inc., and Idaho corporation. 1. RECITALS: 1.1 WHEREAS the City of Meridian has issued a conditional use permit to Cherry Lane Recreation, Inc. for the Golf Course Clubhouse, Parking Lot and Temporary Clubhouse at 4200 Talamore Blvd. Meridian Idaho; and 1.2 WHEREAS the Conditional use permit contains the following condition: ""1.20 The temporary clubhouse shall be used for a period not to exceed seven (7) months from the date of this order. Prior to moving of the temporary clubhouse, a letter of credit or cash shall be received by the City of Meridian as a guarantee for completion of the permanent clubhouse and parking lot in the amount of Five Hundred Thousand and No/100ths ($500,000.00) Dollars."; and 1.3 WHEREAS, in order to comply with condition 1.20 of the Conditional Use Permit and to construct the improvements permitted by the Conditional Use Permit, Cherry Lane has requested loans and other financial accommodations from Bank which the Bank is willing to provide upon various conditions, which conditions include as security a leasehold deed of trust upon Cherry Lane's lessees' interest in the real property, which is the subject of the Agreement of Lease, and in AGREEMENT - Page 1 addition the Bank requires the City to agree during the term of the leasehold deed of trust that no modifications of the Agreement of Lease be undertaken without the City first notifying the Bank, in writing at least 90 days prior to the effective date of any modification, of the City's intention to modify the Agreement, and that in the event of default by Cherry Lane under the terms of the Agreement of Lease the City would notify the Bank of such default in `vriting a least 30 dans prior to taking any action to enforce any of the City's Rights under the Agreement of Lease, during which time the bank would have the option to cure the default or take such other action as may be necessary to protect the Bank's security interest in the Agreement of Lease; and 1.4 WHEREAS Meridian is willing to enter into such an agreement to provide the Bank such notice only upon the consideration that Cherry Lane agree that the funds received from any loan from the Bank which is secured by the Leasehold deed of trust be used exclusively for capital improvements in the construction of the improvements referenced in the Conditional Use Permit and/or for meeting condition no. 1.20 of the Conditional Use Permit, and that the Bank and Cherry Lane agree that Meridian upon a default of Cherry Lane and foreclosure by the Bank of the Leasehold Deed of Trust shall have the exclusive first option to purchase from the Bank the note and all collateral, in the amount equal to the total amount then owed to the Bank by Cherry Lane together with all costs, expenses, and fees of the Bank which could not be exercised until a time subsequent to the expiration of the Letter of Credit issued by the Bank pursuant to condition no. 1.20 of the Conditional Use Permit; and that in the event of a default and in the event Cherry Lane fails to maintain the golf course Meridian ,upon 7 days prior written notice in the case of imminent peril with risk of loss to fairway or greens, could elect to maintain the golf course and premises to avoid loss of fairway or greens, and to be reimbursed for said reasonable costs only in the event either Cherry Lane or the Bank fails to provide written assurance to Meridian to take steps to prevent such loss, and that the Agreement of Lease be amended to provide that lessee shall provide proof of Casualty loss insurance for a reasonable amount of coverage for replacement of improvements, including sprinkler system, fairway and greens, clubhouse, parking facilities and any and all other improvements thereon and liability insurance in an amount commensurate with the coverage as carried by other 18 hole golf course facilities which are privately managed in the Ada/Canyon County region AGREEMENT - Page 2 f r , of Idaho, and in no event less than the amount of liability provided under the State of Idaho Tort Claims Law presently codified at I.C. § 6- 926, or as it may be amended in the future with Meridian being designated on said insurance coverages as a co-insured. 1.5 WHEREAS Bank and Cherry Lane are agreeable to the consideration required by Meridian 2. DEFINITIONS: 2.1 Conditional Use Permit: means and refers to that certain Conditional Use Permit which was issued by the City of Meridian to Cherry Lane Recreation, Inc., an Idaho Corporation for the construction, use and maintenance of a Golf Course Clubhouse, Parking Lot and Temporary Clubhouse at 4200 Talamore Blvd, Meridian Idaho in City of Meridian Case No. CUP -99-009, as may be amended from time to time. 2.2 Meridian: means and refers to the City of Meridian, a municipal corporation having as its principle address 33 E. Idaho, Meridian, ID 83642. 2.3 Bank: means and refers to the Idaho Independent Bank, an Idaho corporation with its principle address at 317 N. 9`h Ave., Boise, ID 83702. 2.4 Cherry Lane: means and refers to Cherry Lane Recreation, Inc., an Idaho corporation with its principle offices at 4200 W. Talamore, Meridian ID 83642. 2.5 Agreement of Lease: means and refers to that certain Agreement of Lease by and between Meridian and Cherry Lane dated October 3, 1978. 2.6 Leasehold Deed of Trust: means and refers to that Certain Leasehold Deed of Trust by and between Bank and Cherry Lane which secures the Bank's loan to Cherry Lane in the leasehold interest of Cherry Lane to the Agreement of Lease. 2.7 Golf Course: means and refers to the golf course which has been developed and is the subject of the Agreement of Lease. AGREEMENT - Page 3 l�A NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 3. INCORPORATION OF RECITALS: 3.1 That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 4. AGREEMENT BETWEEN BANK, CHERRY LANE AND MERIDIAN: The provisions of this section shall be binding upon Bank, Cherry Lane and Meridian as follows: 4.1 During the term of the Leasehold Deed of Trust no modifications of the Agreement of Lease shall be under taken without Meridian first notifying the Bank, in writing at lease 90 days prior to the effective date of any modification, of the City's intention to modify the Agreement of Lease, and that in the event of default by Cherry Lane under the terms of the Agreement of Lease, Meridian shall notify the Bank of such default in writing at least 30 days prior to taking any action to enforce any of Meridian's rights under the Agreement of Lease, during which time the bank is given the option to cure the default or take such other action as may be necessary to protect the Bank's security interest in the Agreement of Lease. No modification of the Agreement of Lease nor any right of default of the Agreement of Lease shall accrue to Meridian until this provision has been complied with. 4.2 Meridian shall have the exclusive first option to purchase from the bank the note and all collateral, in the amount equal to the total amount then owed to the Bank by Cherry Lane together with all costs, expenses, and fees of the Bank. This option to purchase may be exercised at any time subsequent to the expiration of the letter of credit issued by the bank pursuant to condition number 1.20 of the conditional use permit but must be exercised prior to 3:00 p.m. Mountain time, on the business day prior to the date of any scheduled foreclosure sale. In the event Meridian determines to exercise its option as provided herein, it shall deliver the option price in cash to bank by no later than 3:00 p.m., Mountain time, on the business day prior to any scheduled foreclosure sale. The Bank shall give Meridian notice of foreclosure and of date of sale which shall include notice of this exclusive first option. Meridian may file a request for a copy of notice of default or notice of sale, AGREEMENT - Page 4 pursuant to I.C. § 45-1511, and the Bank shall provide Meridian with the necessary information on the recording of the Leasehold Deed of Trust to enable Meridian to so file the request for notice and the Bank shall also cause Meridian to receive notice in the manner provided for in I.C. § 45-1505 at the address of Meridian herein provided even in the event Meridian fails to record a request for notice. 4.3 In the event of a default of the Leasehold deed of trust by Cherry Lane and in the event Cherry Lane fails to maintain the golf course Meridian upon 7 days prior written notice to Bank and that Cherry Lane in the case of imminent peril of risk of loss to fairway or greens Meridian has elected to maintain the golf course and premises to avoid loss of fairway or greens and shall be reimbursed for said reasonable costs, but only in the event either Cherry Lane or the Bank fails to provide written assurance to Meridian to take steps to prevent such loss. Meridian shall provide written notice of costs incurred under this section to Bank and Cherry Lane which shall then become due and payable within 30 days of the date of written notice. Any sum so paid by bank to Meridian shall be immediately due and owing by Cherry Lane to Bank and until paid to Bank, shall be secured by leasehold deed of trust granted by Cherry Lane in favor of the Bank. 5. AGREEMENT BETWEEN CHERRY LANE AND MERIDIAN: The provisions of this section shall be binding upon Cherry Lane and Meridian as follows: 5.1 The funds received from any loan from the Bank which is secured by the Leasehold deed of trust will be used exclusively for capital improvements in the construction of the improvements referenced in the Conditional Use Permit and/or for meeting condition no. 1.20 of the Conditional Use Permit, and Cherry Lane shall provide written proof at such time written request made by Meridian for such information to the Bank of the application of said fund as herein provided and Cherry Lane herein agrees that the Banlc may provide such information to a duly authorized agent of Meridian. Request for such written proof made by Meridian shall be directed to Cherry Lane with a copy to the Bank and Cherry Lane shall respond within 21 days of the date of the request. In the event Meridian determines there has been a default of this section, it shall notify Cherry Lane and the Bank in writing of the claim of default and Cherry Lane shall have 30 days from the date of Notice AGREEMENT - Page 5 to cure the default. In the event the default is not cured, the Bank shall release all such information to Meridian. 6. INSURANCE: The provisions of this section shall be binding upon Cherry Lane and Meridian and shall serve as an amendment to their Agreement of Lease as follows. 6.1 Agreement of Lease be and is hereby amended to provide that lessee shall provide proof of Casualty Loss Insurance for a reasonable amount of coverage for replacement of improvements, including sprinkler system, fairway and greens, club house, parking facilities and any and all other improvements thereon and liability insurance in an amount commensurate with the coverage as carried by other 18 hole golf course facilities which are privately managed in the Ada/Canyon County region of Idaho, and in no event less than the amount of liability provided under the State of Idaho Tort Claims LaNv presently codified at I.C. § 6- 926, or as it may be amended in the future with Meridian being designated on said insurance coverages as a co-insured and certificates of such insurance coverage provided to Meridian. 7. DEFAULT: 7.1 A default of this agreement by the Bank is a failure to provide Meridian notice of Foreclosure of the Leasehold deed of trust and or a failure to pay reasonable costs incurred by Meridian pursuant to section 4 of this agreement. 7.2 A default of this agreement by Cherry Lane is a failure to apply funds obtained from the Bank for the Loan and/or supply information as required in section 5.1 and/or a failure to pay reasonable costs incurred by Meridian pursuant to section 4.3 of this agreement and a default of requirement to carry insurance pursuant to section 6 of this agreement. 8. REMEDIES: 8.1 In the event of default of Bank no foreclosure sale shall occur in the event of a notice default and in the event of failure to pay reasonable costs as provided in Section 4.3, the amount of costs plus interest at the statutory rate from the date of notice of the amount of costs incurred was given by Meridian. AGREEMENT - Page 6 8.2 In the event of default of Cherry Lane, it shall hold the Bank harmless from any claim herein of default by Meridian, and in the event of a failure to apply funds received from the Bank from the loan and or to provide information as provided in section 5. 1, Cherry Lane shall be in default of the Agreement of Lease and in the event of failure to pay reasonable costs as provided in Section 4.3, the amount of costs plus interest at the statutory rate from the date of notice of the amount of costs incurred was given. 9. GENERAL PROVISIONS Section 9.1: Non -Waiver. The failure of a party hereto to insist upon strict performance of observance of this agreement shall not be a waiver of any breach of any terms or conditions of this agreement by any other party. Section 9.2: Conflicts of Agreement with Applicable Lay. In the event any provision or section of this agreement conflicts with applicable law, or is otherwise held to be unenforceable, the remaining provisions shall nevertheless be enforceable and carried into effect. Section 9.3: Attorneys Fees. In the event any litigation arising under, or as a result of, this agreement or arising from any of the acts to be performed hereunder or the alleged breach of this agreement, except for an agreed declaratory judgment action sought to clarify the responsibility and or authority of the "Parties" hereunder, the prevailing party shall recover its costs and reasonable attorneys' fees. Section 9.4: Idaho Law. This agreement shall be governed and interpreted by the laws of the State of Idaho. Section 9.5: No Assignment. No party may assign this agreement or any interest therein. Section 9.6: Notices. All notices, requests, demands and other communications under this agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice to be given, or on the third day after mailing, if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and unless either AGREEMENT - Page 7 party should notify the other of a change of address, properly addressed as follows: City of Meridian Attention: City Cleric 33 E. Idaho Meridian ID 83642 Idaho Independent Bank 317 N. 9`h Ave. Boise ID 83702 Cherry Lane Recreation, Inc. 4200 W. Talamore Meridian ID 83642 Section 9.7: This agreement shall be executed by the "Parties" in three (3) counterparts, and each such counterpart shall be deemed an "original". Section 9.8: Requirement for Recordation: City may record either a memorandum of this Agreement or this Agreement, and submit proof of such recording to the parties. AGREEMENT - Page 8 IN WITNESS WHEREOF, the parties have executed this Agreement at " , Ada County, Idaho, the date written below. Attest: AITYERK BY RESOLUTION NO. 2 g9 AGREEMENT - Page 9 CITY OF MERIDIAN By: //� 2, , '(� � 6 �' — ftIR R BERT D. CORRIE 0\fnlilt, OF t •� G �pppoq,�To �� '. SEAL 1z'Q IDAHO INDEPENDENT BANI< lip Ar r 11,01 Cherry Lane Recreation, INC. By: , Wallace D. Lovan By: Venita I. Lovan ACKNOWLEDGMENTS STATE OF IDAHO) :ss County of Ada ) On this I'Sr day of F'abyiUAA& , in the year 7Gd0 , before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, Jr., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. •LT 4V•. OT ;Q (SEAL) ;cn" G �0 �•: OF II� p:`•• STATE OF IDAHO) Q :ss COUNTY OF ADA) Ak� - Nota blic for Idaho Commission expires: q/ 26lG0 On this Y' day of _Parc'' , in the year ,2001) , before me, a Notary Public, personally appeared 61MI M. NIA ftp 5v� , known or identified to me to be the Vice Prts, dtnt 4 0anc rof the Idaho Independent Bank, and acknowledged to me that he executecthe instrument as i?e_ Aa yqqw of such bank. �S 04 ••••� (SEAL) 0 ti P 0 :*06 $~ ••000 AP lam ?s STA TE 04 �.•. #''0.88..81160••. AGREEMENT -Page 10 Notary Public for Idaho Commission expires: f gla-7)>oa3 STATE OF IDAHO) :ss COUNTY OF ADA) r� On this % day of FE,r3,2 �c•� r2 T , in the year 2.0yO , before me, a Notary Public, personally appeared Wallace D. Lovan and Venita I. Lovan, known or identified to me to be the IOA6s rI D6t.Or-and _ S e:-62&Tz-}i2r of Cherry Lane Recreation, Inc. respectively, and acknowledged to me that they executed the same as F17 -6.,'c0 and _ SEc2ffr.4.2y of Cherry Lane Recreation, Inc. •••••�� I toy•• •.• E. NO ••, ¢ 41�,....... 8l •.,� C i� (SEAL) ? ti��' OI NRY Notary Public for Idaho : } 'V'� G * ? Commission expires: /0/27/z00 3 ti 0 *go oggo Pu$ti 0t 4�•' ey/Z: \Work\M\Meridian 15360M\Cherry Lane Estates\CityBankRec.Agr AGREEMENT - Page 11 RESOLUTION NO. 2 �� BY: kel?x A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO INDEPENDENT BANK, AND CHERRY LANE RECREATION, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with IDAHO INDEPENDENT BANK AND CHERRY LAI�'E RECREATION, INC., an Idaho Corporation, denoted as "AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and Cleric are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, entitled "AGREEMENT", by and between the City of Meridian and IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. RESOLUTION AUTHORIZING THE MAYOR TO ENTER — PAGE I OF 2 INTO AN AGREEMENT WITH IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /-5-p day of 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this St day of 2000. F SEAL C, ST 1s� • .� ,. ATTEST: CITY CLERK msg/Z:\Worl6'vlw(eridian 153641 (\Cherry Lane Land Exchange\IdlndepntBkCherrvLanAgmt.Res RESOLUTION OF THE CITY OF MERIDIAN — PAGE — AUTHORIZING THE MAYOR TO ENTER INTO A LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE DATED OCTOBER 30, 1978 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Cleric of the City of Nteridian, a duly incorporated City operating under the laws of the State of Idaho, -Md—i its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the I -P day of {��rt we , 2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIANI, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, denoted as "AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and Cleric are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, entitled "AGREEMENT", by and between the City of Meridian and IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporacion, a copy of Which is attached hereto marked as Exhibit "A" to this Resolucion and to bind this Citv to its terms and conditions. OF '' O — 5IV.A L NVILLLA.Ni G. BERG, J �G%-s- IC°� CITY CLERK STATE OF IDAHO, ) ss. County of Ada, ) �On this s� day of Q u 4"" , in the year 2000, before me, h e� b E. c2rYi Z.A. L,j a Notary Public, appeared'vVILLIANI G. BERG, R., kno,,vn or identified to me to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. 0T'44are OF0100 . //O�� Nota lic for Idaho Commission Expires: l Z6 60 m59/Z:\Work\A1\Pv1eridian 15360M\CherryLane Land Exchange\CERTofCLICforIDlndedptBkCherryLaneforR.ES Merdian, ID W642 M10d4ft Cliy:.Council 33 E..IdaM A' " : . Meridian, ID W42 Re: PtopoWMaintenance BulkUW for Chem Lane Golf. Cvuh 0699 Mayor CoMe and Cougd[ Members: We rue, sli;e .a+drnersOf. lots in .the. t.a_4 af. Cherry Lane No' 6: receriff�r:10#6 prod lhat.lhe'.cperetor. d.. this- ny I rie::t3 if sign 60.:909to ttse:•Pr+peertY:ItrtmetlJe#13ly:ao_'tiia:west .af ihea ati BubdNtstat ' 8rinc cing. #tat tt::( to W'd ''istiuCf: a� A�jMiepell C011f$B Qi1 111$1 SIi9: AS �fOfl Ca(1 116.:( Obt: 1fljElt;,..ti1�:.8 f9i�l" potential, th8t 6. Golf CO fse dt�yr be penriitited to cc ►struot $:h that .site:ls 0auelno .us.69MO::diillturtj. ..li aefliir�.:Eui<r:tU:Ift (f=laherty and`' I"d(s): have'.'Can�f Wgd':ori t leii�� 'fheiJots ::ln th Subdivision..' NO, .6 web :deireioped,.; tii Med: and on d' wittmut know'1edge. of. the Golf Cocnse'o iaretor'� Iaia'e.: o:..: buifdin6 Im*_' is-ly next loot; V�f� bblieve ::wolrl t. i` permit such: ivr lintenani bdifain9 to be iructed4n...IhiS . 1"re is a rnuctr:hefter site fors. a building cn'tAe S&A elle of the :otU U01 w . b9lmrrieEtiata ':a ►e vpd' tinct tho�t-the: Go1� Crursa-bp.® *00id. tfie m rttana # tillding, Mie appredia#a. your prornpl.OttanNtmn. Sin60fely, Fia11e y Canst�Ctidn . p:J: ConsttwWri 3y t-22-01 14:59; Page 2/2 d4- j57 6553 ..'. �i:•'2 I', RECEIVED JCT.21 2001 City of Meridian. City Clerk Office subwelon. -we, have DOOM, has Iitgtabd 's s. eit Ghetry� lane t�r�, .i3:... . b:: bQi(dlRg fflf"Eh'9: f3r3ff . ' ' . t.9:0111115. sigh and the aIn' ts�nCs b61W..lnp. an . 1 1he t wma two of us. i tAkeat Cherry -Law housas bullt:.on mem tattoo a maintenance 00rlate for .the. City to . own,. eapectatl� since the new dubh uso. uki' dined that• the. sign rrefterirl wlocation for this matter. (208) 884-1300 BUSINESS (208) 884-1306 FAX (208) B6d.6fE9 CELLULAR KEN REEVES - g Sales Associate C/o q-11 y(o D 1 COLDWELL BANKER ASPEN REALTY, INC. 900 NORTH LINDER MERIDIAN. ID 83642 tiAn Independently Owned and Operated Member of Caldwell Banker Real Estate Corporation ,. 7 RESOLUTION NO. 2 ?Lq BY: t��l m 151r4& A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO INDEPENDENT BANK, AND CHERRY LANE RECREATION, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, denoted as "AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: I . The Mayor and Cleric are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, entitled "AGREEMENT", by and between the City of Meridian and IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. RESOLUTION AUTHORIZING THE MAYOR TO ENTER — PAGE I OF 2 INTO AN AGREEMENT WITH IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day ofbru.a� _, 2000. / Sf APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of 2000. cj C�GOR4 TFO Z SEAL P ATTEST: C0U=� , �Q �iifHt;i'S11\\\ CITY CLERK msp/Z:\Work\M\Meridian 15360M\CherryLane Land Exchange\IdIndepntBkCherryLanAgmt.Res RESOLUTION OF THE CITY OF MERIDIAN — PAGE — AUTHORIZING THE MAYOR TO ENTER INTO A LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE DATED OCTOBER 30, 1978 CERTIFICATE OF CLERK- OF LERKOF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Cleric of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Cleric of this City I am the custodian of its records and minutes and do hereby certify that on the day of , 2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, denoted as "AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and Cleric are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, entitled "AGREEMENT", by and between the City of Meridian and IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. ��„nnn+irrrrr� G� GpPDRA TFO S ZZE AL �NILLIAM G. BERG, JPV 94"c Com CITY CLERK T 1 SZ V \� STATE OF IDAHO, : ss. County of Ada, this -5t- On day of �Ql�t Gt Gt�1 i� , in the year 2000, before me, �� e� b �- amJ a Notary Public, appeared WILLIAM G. BERG, R., known or identified to me to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. *own** 4P .• U •. � SEAL •'�' �� `' a'0: �•*aOF 1 .• ••memo•• Nota lic for Idaho Commission Expires: yb eo msg/Z:\work\M\Meridian 15360M\CherryLane Land Exchange\CERTofCLKforIDIndedptBkCherryLaneforRES RECOR07D -REQUEST OF ADA COUNTY RECGFDEP, j. �,,.;f IVA f,�.C(1� Yd4lr�E_E DEPUT"A 22'03rR-9 FN, 1 35 1 9001 7942 AGREEMENT 'I IRIDIAN CITy Parties: City of Meridian Idaho Independent Bank and Cherry Lane Recreation, Inc. THIS AGREEMENT is made and entered into this / S -j day of ,Zoos, by and between the City of Meridian, Idaho, a municipal corporation, ereinafter referred to as "City", and Idaho Independent Bank, and Idaho corporation, hereinafter referred to as "Bank", and Cherry Lane Recreation, Inc., and Idaho corporation. 1. RECITALS: 1.1 WHEREAS the City of Meridian has issued a conditional use permit to Cherry Lane Recreation, Inc. for the Golf Course Clubhouse, Parking Lot and Temporary Clubhouse at 4200 Talamore Blvd. Meridian Idaho; and 1.2 WHEREAS the Conditional use permit contains the following condition: "1.20 The temporary clubhouse shall be used for a period not to exceed seven (7) months from the date of this order. Prior to moving of the temporary clubhouse, a letter of credit or cash shall be received by the City of Meridian as a guarantee for completion of the permanent clubhouse and parking lot in the amount of Five Hundred Thousand and No/100ths ($500,000.00) Dollars."; and 1.3 WHEREAS, in order to comply with condition 1.20 of the Conditional Use Permit and to construct the improvements permitted by the Conditional Use Permit, Cherry Lane has requested loans and other financial accommodations from Bank which the Bank is willing to provide upon various conditions, which conditions include as security a leasehold deed of trust upon Cherry Lane's lessees' interest in the real property, which is the subject of the Agreement of Lease, and in AGREEMENT - Page 1 addition the Bank requires the City to agree during the term of the leasehold deed of trust that no modifications of the Agreement of Lease be undertaken without the City first notifying the Bank, in writing at least 90 days prior to the effective date of any modification, of the City's intention to modify the Agreement, and that in the event of default by Cherry Lane under the terms of the Agreement of Lease the City would notify the Bank of such default in writing a least 30 days prior to taking any action to enforce any of the City's Rights under the Agreement of Lease, during which time the bank would have the option to cure the default or take such other action as may be necessary to protect the Bank's security interest in the Agreement of Lease; and 1.4 WHEREAS Meridian is willing to enter into such an agreement to provide the Bank such notice only upon the consideration that Cherry Lane agree that the funds received from any loan from the Bank which is secured by the Leasehold deed of trust be used exclusively for capital improvements in the construction of the improvements referenced in the Conditional Use Permit and/or for meeting condition no. 1.20 of the Conditional Use Permit, and that the Bank and Cherry Lane agree that Meridian upon a default of Cherry Lane and foreclosure by the Bank of the Leasehold Deed of Trust shall have the exclusive first option to purchase from the Bank the note and all collateral, in the amount equal to the total amount then owed to the Bank by Cherry Lane together with all costs, expenses, and fees of the Bank which could not be exercised until a time subsequent to the expiration of the Letter of Credit issued by the Bank pursuant to condition no. 1.20 of the Conditional Use Permit; and that in the event of a default and in the event Cherry Lane fails to maintain the golf course Meridian ,upon 7 days prior written notice in the case of imminent peril with risk of loss to fairway or greens, could elect to maintain the golf course and premises to avoid loss of fairway or greens, and to be reimbursed for said reasonable costs only in the event either Cherry Lane or the Bank fails to provide written assurance to Meridian to take steps to prevent such loss, and that the Agreement of Lease be amended to provide that lessee shall provide proof of Casualty loss insurance for a reasonable amount of coverage for replacement of improvements, including sprinkler system, fairway and greens, clubhouse, parking facilities and any and all other improvements thereon and liability insurance in an amount commensurate with the coverage as carried by other 18 hole golf course facilities which are privately managed in the Ada/Canyon County region AGREEMENT - Page 2 of Idaho, and in no event less than the amount of liability provided under the State of Idaho Tort Claims Law presently codified at I.C. § 6- 926, or as it may be amended in the future with Meridian being designated on said insurance coverages as a co-insured. 1.5 WHEREAS Bank and Cherry Lane are agreeable to the consideration required by Meridian 2. DEFINITIONS: 2.1 Conditional Use Permit: means and refers to that certain Conditional Use Permit which was issued by the City of Meridian to Cherry Lane Recreation, Inc., an Idaho Corporation for the construction, use and maintenance of a Golf Course Clubhouse, Parking Lot and Temporary Clubhouse at 4200 Talamore Blvd, Meridian Idaho in City of Meridian Case No. CUP -99-009, as may be amended from time to time. 2.2 Meridian: means and refers to the City of Meridian, a municipal corporation having as its principle address 33 E. Idaho, Meridian, ID 83642. 2.3 Bank: means and refers to the Idaho Independent Bank, an Idaho corporation with its principle address at 317 N. 9`h Ave., Boise, ID 83702. 2.4 Cherry Lane: means and refers to Cherry Lane Recreation, Inc., an Idaho corporation with its principle offices at 4200 W. Talamore, Meridian ID 83642. 2.5 Agreement of Lease: means and refers to that certain Agreement of Lease by and between Meridian and Cherry Lane dated October 3, 1978. 2.6 Leasehold Deed of Trust: means and refers to that Certain Leasehold Deed of Trust by and between Bank and Cherry Lane which secures the Bank's loan to Cherry Lane in the leasehold interest of Cherry Lane to the Agreement of Lease. 2.7 Golf Course: means and refers to the golf course which has been developed and is the subject of the Agreement of Lease. AGREEMENT - Page 3 r �t NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 3. INCORPORATION OF RECITALS: 3.1 That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 4. AGREEMENT BETWEEN BANK, CHERRY LANE AND MERIDIAN: The provisions of this section shall be binding upon Bank, Cherry Lane and Meridian as follows: 4.1 During the term of the Leasehold Deed of Trust no modifications of the Agreement of Lease shall be under taken without Meridian first notifying the Bank, in writing at lease 90 days prior to the effective date of any modification, of the City's intention to modify the Agreement of Lease, and that in the event of default by Cherry Lane under the terms of the Agreement of Lease, Meridian shall notify the Bank of such default in writing at least 30 days prior to taking any action to enforce any of Meridian's rights under the Agreement of Lease, during which time the bank is given the option to cure the default or take such other action as may be necessary to protect the Bank's security interest in the Agreement of Lease. No modification of the Agreement of Lease nor any right of default of the Agreement of Lease shall accrue to Meridian until this provision has been complied with. 4.2 Meridian shall have the exclusive first option to purchase from the bank the note and all collateral, in the amount equal to the total amount then owed to the Bank by Cherry Lane together with all costs, expenses, and fees of the Bank. This option to purchase may be exercised at any time subsequent to the expiration of the letter of credit issued by the bank pursuant to condition number 1.20 of the conditional use permit but must be exercised prior to 3:00 p.m. Mountain time, on the business day prior to the date of any scheduled foreclosure sale. In the event Meridian determines to exercise its option as provided herein, it shall deliver the option price in cash to bank by no later than 3:00 p.m., Mountain time, on the business day prior to any scheduled foreclosure sale. The Bank shall give Meridian notice of foreclosure and of date of sale which shall include notice of this exclusive first option. Meridian may file a request for a copy of notice of default or notice of sale, AGREEMENT - Page 4 pursuant to I.C. § 45-1511, and the Bank shall provide Meridian with the necessary information on the recording of the Leasehold Deed of Trust to enable /Meridian to so file the request for notice and the Bank shall also cause Meridian to receive notice in the manner provided for in I.C. § 45-1505 at the address of Meridian herein provided even in the event Meridian fails to record a request for notice. 4.3 In the event of a default of the Leasehold deed of trust by Cherry Lane and in the event Cherry Lane fails to maintain the golf course Meridian upon 7 days prior written notice to Bank and that Cherry Lane in the case of imminent peril of risk of loss to fainvay or greens Meridian has elected to maintain the golf course and premises to avoid loss of fairway or greens and shall be reimbursed for said reasonable costs, but only in the event either Cherry Lane or the Bank fails to provide written assurance to Meridian to take steps to prevent such loss. Meridian shall provide written notice of costs incurred under this section to Bank and Cherry Lane which shall then become due and payable within 30 days of the date of written notice. Any sum so paid by bank to Meridian shall be immediately due and owing by Cherry Lane to Bank and until paid to Bank, shall be secured by leasehold deed of trust granted by Cherry Lane in favor of the Bank. 5. AGREEMENT BETWEEN CHERRY LANE AND MERIDIAN: The provisions of this section shall be binding upon Cherry Lane and Meridian as follows: 5.1 The funds received from any loan from the Bank which is secured by the Leasehold deed of trust will be used exclusively for capital improvements in the construction of the improvements referenced in the Conditional Use Permit and/or for meeting condition no. 1.20 of the Conditional Use Permit, and Cherry Lane shall provide written proof at such time written request made by Meridian for such information to the Bank of the application of said fund as herein provided and Cherry Lane herein agrees that the Bank may provide such information to a duly authorized agent of Meridian. Request for such written proof made by Meridian shall be directed to Cherry Lane with a copy to the Bank and Cherry Lane shall respond within 21 days of the date of the request. In the event Meridian determines there has been a default of this section, it shall notify Cherry Lane and the Bank in -writing of the claim of default and Cherry Lane shall have 30 days from the date of Notice AGREEMENT - Page 5 to cure the default. In the event the default is not cured, the Bank shall release all such information to Meridian. 6. INSURANCE: The provisions of this section shall be binding upon Cherry Lane and Meridian and shall serve as an amendment to their Agreement of Lease as follows. 6.1 Agreement of Lease be and is hereby amended to provide that lessee shall provide proof of Casualty Loss Insurance for a reasonable amount of coverage for replacement of improvements, including sprinkler system, fairway and greens, club house, parking facilities and any and all other improvements thereon and liability insurance in an amount commensurate with the coverage as carried by other 18 hole golf course facilities which are privately managed in the Ada/Canyon County region of Idaho, and in no event less than the amount of liability provided under the State of Idaho Tort Claims Lav presently codified at I.C. § 6- 926, or as it may be amended in the future with Meridian being designated on said insurance coverages as a co-insured and certificates of such insurance coverage provided to Meridian. 7. DEFAULT: 7.1 A default of this agreement by the Bank is a failure to provide Meridian notice of Foreclosure of the Leasehold deed of trust and or a failure to pay reasonable costs incurred by Meridian pursuant to section 4 of this agreement. 7.2 A default of this agreement by Cherry Lane is a failure to apply funds obtained from the Bank for the Loan and/or supply information as required in section 5.1 and/or a failure to pay reasonable costs incurred by Meridian pursuant to section 4.3 of this agreement and a default of requirement to carry insurance pursuant to section 6 of this agreement. 8. REMEDIES: 8.1 In the event of default of Bank no foreclosure sale shall occur in the event of a notice default and in the event of failure to pay reasonable costs as provided in Section 4.3, the amount of costs plus interest at the statutory rate from the date of notice of the amount of costs incurred was given by Meridian. AGREEMENT - Page 6 8.2 In the event of default of Cherry Lane, it shall hold the Bank harmless from any claim herein of default by Meridian, and in the event of a failure to apply funds received from the Bank from the loan and or to provide information as provided in section 5. 1, Cherry Lane shall be in default of the Agreement of Lease and in the event of failure to pay reasonable costs as provided in Section 4.3, the amount of costs plus interest at the statutory rate from the date of notice of the amount of costs incurred was given. 9. GENERAL PROVISIONS Section 9.1: Non -Waiver. The failure of a party hereto to insist upon strict performance of observance of this agreement shall not be a waiver of any breach of any terms or conditions of this agreement by any other party. Section 9.2: Conflicts of Agreement with Applicable Lay. In the event any provision or section of this agreement conflicts with applicable lav, or is otherwise held to be unenforceable, the remaining provisions shall nevertheless be enforceable and carried into effect. Section 9.3: Attorneys Fees. In the event any litigation arising under, or as a result of, this agreement or arising from any of the acts to be performed hereunder or the alleged breach of this agreement, except for an agreed declaratory judgment action sought to clarify the responsibility and or authority of the "Parties" hereunder, the prevailing party shall recover its costs and reasonable attorneys' fees. Section 9.4: Idaho Law. This agreement shall be governed and interpreted by the laws of the State of Idaho. Section 9.5: No Assignment. No party may assign this agreement or any interest therein. Section 9.6: Notices. All notices, requests, demands and other communications under this agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice to be given, or on the third day after mailing, if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and unless either AGREEMENT - Page 7 party should notify the other of a change of address, properly addressed as follows: City of Meridian Attention: City Cleric 33 E. Idaho Meridian ID 83642 Idaho Independent Bank 317 N. 9`h Ave. Boise ID 83702 Cherry Lane Recreation, Inc. 4200 W. Talamore Meridian ID 83 642 Section 9.7: This agreement shall be executed by the "Parties" in three (3) counterparts, and each such counterpart shall be deemed an "original". Section 9.8: Requirement for Recordation: City may record either a memorandum of this Agreement or this Agreement, and submit proof of such recording to the parties. AGREEMENT - Page 8 IN WITNESS WHEREOF, the parties have executed this Agreement at ,Ada County, Idaho, the date written below. Attest: c. lz�ITY CLERK BY RESOLUTION NO AGREEMENT - Page 9 2 q9 CITY OF MERIDIAN r By: i YOMI BERT D. CORRIE CJ `Goa'0Rq MEAL IDAHO INDEPENDENT BANK Vd MAZWO vapffrIN a Cherry Lane Recreation, INC. Wallace D. Lovan By: Venita I. Lovan STATE OF IDAHO) ss County of Ada ACKNOWLEDGMENTS On this 'Sr day ofF"') � t� , in the year ano , before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, Jr., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. O • (SEAL) • j • •• O>~ ID •• STATE OF IDAHO) seems** :ss COUNTY OF ADA) -/34� Nota blic for Idaho Commission expires: q/2g00 On this 5rd day of Pa r6J) , in the year ,200y , before me, a Notary Public, personally appeared 61 ml Al. Nla ftp 5v� , known or identified to me to be the V ce Prts,'dz,nf 4 Morn rof the Idaho Independent Bank, and acknowledged to me that he execute the instrument as yiCe /re6idltn4 4 .Kangc�- of such bank. N0B�i,. ti l ••, (SEAL) D•t NRY c P13S •t $� AGREEMENT - Page 10 699 4w&� Notary Public for Idaho Commission expires: /O/z-7)>003 STATE OF IDAHO) ss COUNTY OF ADA) r� On this % day of in the year 2-0c)O , before me, a Notary Public, personally appeared Wallace D. Lovan and Venita I. Lovan, known or identified to me to be the /62EstnEn17-and Scc2&Tz,1W1- of Cherry Lane Recreation, Inc. respectively, and acknowledged to me that they executed the same as f2 6,rt0 Ac-) and SE -5 C/z r4.2 y of Cherry Lane Recreation, Inc. •• jyti E. No •�••• 41••......••81 '.'. (SEAL) : F��• 0"j R = U ♦' �G C •sti •mac pv . •• •. �. '••,n,...••• Notary Public for Idaho Commission expires: /01271-0-3 ey/ Z: \Work \M \Meridian 15360M\Cherry Lane Estates\CityBankRec.Agr AGREEMENT - Page 11 RESOLUTION NO. 2 �� BY: ked `t /61111 --& A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO INDEPENDENT BANK, AND CHERRY LANE RECREATION, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, denoted as "AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and Cleric are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, entitled "AGREEMENT", by and between the City of Meridian and IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. RESOLUTION AUTHORIZING THE MAYOR TO ENTER — PAGE 1 OF 2 INTO AN AGREEMENT WITH IDAHO INDEPENDENT BA1NK AND CHERRY LANE RECREATION, INC. r• PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this / Sp day of �rGt 6z/t c 2000. APPROVED BY THE MAYOR OF THE CITY OF t%,IERIDIA:N1, IDAHO, this / St day or 2000. G oFtq T `✓ '; �� FO SEAL �9C� s7, is, P•�G,,. ATTEST:CDU,'\rN CITY CLERK ms9/ZAW0rk\NlVvleridian I5360M\CherrvLane Land Exchange\ldlndepntBkCherryLanAgmt.Res RESOLUTION OF THE CITY OF MERIDIAN — PAGE — AUTHORIZING THE MAYOR TO ENTER INTO A LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE DATED OCTOBER 30, 1978 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do herebv certifv: 1. That I am the duly appointed and elected Clerlc of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Mb eridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the I -SP dayof aic 2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, denoted as "AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with IDAHO INDEPENDENT BANK AND CHERRY LAME RECREATION, INC., an Idaho Corporation, entitled "AGREEMENT", by and between the City of Meridian and IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, a copy of Which is attached hereto marked as Exhibit "A" to this Resolution and to bind this Citv to its terms and conditions. 11\\I\11PIf1ll!//,,, G� off o ; Si AL NVILLIA�vf G. BERG, fPV 6 o :CITY CLERK �% '9C , , `' r 1 �� • Pic• �: STATE OF IDAHO, ss. County of Ada, ) On this Sr day ofi Q tL a'-\ , , in the year 2000, before me, Chiarrru�, a Notary Public, appeared WILLL,1,M G. BERG, R., known or identified to me to be the City Clerk of the City of l✓leridian, Idaho, that executed the said instalment, and acknowledged to me that he executed the same on behalf of the City of Meridian. •� E: LTG••.. J,'10 . (SEAT.); �f" OF ID,:'. •Russ* Nota lic for Idaho Commission Expires: l Z6 ti ms9/ZAWorkVMVv1eridian I5360M\CherryLane Land Exchange\CERTofCLKforIDlndedp1BkCherry Lane for RES RECORDED -REQUEST OF ADS. C, -N R7CGFff1?Ep J. lr (; t"r� r��.i.V iIT. 2v0U1r �-9 F I: 3 S 1 Jt90 1 7942 AGREEMENT MERIDIAN CITY Parties: City of Meridian Idaho Independent Bank and Cherry Lane Recreation, Inc. THIS AGREEMENT is made and entered into this / St? day of ;ZOOS by and between the City of Meridian, Idaho, a municipal corporation, qiereinafter referred to as "City", and Idaho Independent Bank, and Idaho corporation, hereinafter referred to as "Bank", and Cherry Lane Recreation, Inc., and Idaho corporation. 1. RECITALS: 1.1 WHEREAS the City of Meridian has issued a conditional use permit to Cherry Lane Recreation, Inc. for the Golf Course Clubhouse, Parking Lot and Temporary Clubhouse at 4200 Talamore Blvd. Meridian Idaho; and 1.2 WHEREAS the Conditional use permit contains the following condition: `1.20 The temporary clubhouse shall be used for a period not to exceed seven (7) months from the date of this order. Prior to moving of the temporary clubhouse, a letter of credit or cash shall be received by the City of Meridian as a guarantee for completion of the permanent clubhouse and parking lot in the amount of Five Hundred Thousand and No/100ths ($500,000.00) Dollars."; and 1.3 WHEREAS, in order to comply with condition 1.20 of the Conditional Use Permit and to construct the improvements permitted by the Conditional Use Permit, Cherry Lane has requested loans and other financial accommodations from Bank which the Bank is willing to provide upon various conditions, which conditions include as security a leasehold deed of trust upon Cherry Lane's lessees' interest in the real property, which is the subject of the Agreement of Lease, and in AGREEMENT - Page 1 addition the Bank requires the Citv to agree during the term of the leasehold deed of trust that no modifications of the Agreement of Lease be undertaken without the Citv first notifying the Bank, in writing at least 90 days prior to the effective date of any modification, of the City's intention to modify the Agreement, and that in the event of default by Cherry Lane under the terms of the Agreement of Lease the Citv would notify the Bank of such default in writing a least 30 days prior to taking any action to enforce any of the City's Rights under the Agreement of Lease, during which time the bank would have the option to cure the default or take such other action as may be necessary to protect the Bank's security interest in the Agreement of Lease; and 1.4 WHEREAS Meridian is willing to enter into such an agreement to provide the Bank such notice only upon the consideration that Cherry Lane agree that the funds received from any loan from the Bank which is secured by the Leasehold deed of trust be used exclusively for capital improvements in the construction of the improvements referenced in the Conditional Use Permit and/or for meeting condition no. 1.20 of the Conditional Use Permit, and that the Bank and Cherry Lane agree that Meridian upon a default of Cherry Lane and foreclosure by the Bank of the Leasehold Deed of Trust shall have the exclusive first option to purchase from the Bank the note and all collateral, in the amount equal to the total amount then owed to the Bank by Cherry Lane together with all costs, expenses, and fees of the Bank which could not be exercised until a time subsequent to the expiration of the Letter of Credit issued by the Bank pursuant to condition no. 1.20 of the Conditional Use Permit; and that in the event of a default and in the event Cherry Lane fails to maintain the golf course Meridian ,upon 7 days prior written notice in the case of imminent peril with risk of loss to fairway or greens, could elect to maintain the golf course and premises to avoid loss of fairway or greens, and to be reimbursed for said reasonable costs only in the event either Cherry Lane or the Bank fails to provide written assurance to Meridian to take steps to prevent such loss, and that the Agreement of Lease be amended to provide that lessee shall provide proof of Casualty loss insurance for a reasonable amount of coverage for replacement of improvements, including sprinkler system, fairway and greens, clubhouse, parking facilities and any and all other improvements thereon and liability insurance in an amount commensurate with the coverage as carried by other IS hole golf course facilities which are privately managed in the Ada/Canyon County region AGREEMENT - Page 2 of Idaho, and in no event less than the amount of liability provided under the State of Idaho Tort Claims Law presently codified at I.C. § 6- 926, or as it may be amended in the future with Meridian being designated on said insurance coverages as a co-insured. 1.5 WHEREAS Bank and Cherry Lane are agreeable to the consideration required by Meridian 2. DEFINITIONS: 2.1 Conditional Use Permit: means and refers to that certain Conditional Use Permit which was issued by the City of Meridian to Cherry Lane Recreation, Inc., an Idaho Corporation for the construction, use and maintenance of a Golf Course Clubhouse, Parking Lot and Temporary Clubhouse at 4200 Talamore Blvd, Meridian Idaho in City of Meridian Case No. CUP -99-009, as may be amended from time to time. 2.2 Meridian: means and refers to the City of Meridian, a municipal corporation having as its principle address 33 E. Idaho, Meridian, ID 83642. 2.3 Bank: means and refers to the Idaho Independent Bank, an Idaho corporation with its principle address at 317 N. 9`h Ave., Boise, ID 83702. 2.4 Cherry Lane: means and refers to Cherry Lane Recreation, Inc., an Idaho corporation with its principle offices at 4200 W. Talamore, Meridian ID 83642. 2.5 Agreement of Lease: means and refers to that certain Agreement of Lease by and between Meridian and Cherry Lane dated October 3, 1978. 2.6 Leasehold Deed of Trust: means and refers to that Certain Leasehold Deed of Trust by and between Bank and Cherry Lane which secures the Bank's loan to Cherry Lane in the leasehold interest of Cherry Lane to the Agreement of Lease. 2.7 Golf Course: means and refers to the golf course which has been developed and is the subject of the Agreement of Lease. AGREEMENT - Page 3 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 3. INCORPORATION OF RECITALS: 3.1 That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 4. AGREEMENT BETWEEN BANK, CHERRY LANE AND MERIDIAN: The provisions of this section shall be binding upon Bank, Cherry Lane and Meridian as follows: 4.1 During the term of the Leasehold Deed of Trust no modifications of the Agreement of Lease shall be under taken without Meridian first notifying the Bank, in writing at lease 90 days prior to the effective date of any modification, of the City's intention to modify the Agreement of Lease, and that in the event of default by Cherry Lane under the terms of the Agreement of Lease, Meridian shall notify the Bank of such default in writing at least 30 days prior to taking any action to enforce any of Meridian's rights under the Agreement of Lease, during which time the bank is given the option to cure the default or take such other action as may be necessary to protect the Bank's security interest in the Agreement of Lease. No modification of the Agreement of Lease nor any right of default of the Agreement of Lease shall accrue to Meridian until this provision has been complied with. 4.2 Meridian shall have the exclusive first option to purchase from the bank the note and all collateral, in the amount equal to the total amount then owed to the Bank by Cherry Lane together with all costs, expenses, and fees of the Bank. This option to purchase may be exercised at any time subsequent to the expiration of the letter of credit issued by the bank pursuant to condition number 1.20 of the conditional use permit but must be exercised prior to 3:00 p.m. Mountain time, on the business day prior to the date of any scheduled foreclosure sale. In the event Meridian determines to exercise its option as provided herein, it shall deliver the option price in cash to bank by no later than 3:00 p.m., Mountain time, on the business day prior to any scheduled foreclosure sale. The Bank shall give Meridian notice of foreclosure and of date of sale which shall include notice of this exclusive first option. Meridian may file a request for a copy of notice of default or notice of sale, AGREEMENT - Page 4 pursuant to I.C. § 45-1511, and the Bank shall provide Meridian with the necessary information on the recording of the Leasehold Deed of Trust to enable Meridian to so file the request for notice and the Bank shall also cause Meridian to receive notice in the manner provided for in I.C. § 45-1505 at the address of Meridian herein provided even in the event Meridian fails to record a request for notice. 4.3 In the event of a default of the Leasehold deed of trust by Cherry Lane and in the event Cherry Lane fails to maintain the golf course Meridian upon 7 days prior written notice to Bank and that Cherry Lane in the case of imminent peril of risk of loss to fairway or greens Meridian has elected to maintain the golf course and premises to avoid loss of fairway or greens and shall be reimbursed for said reasonable costs, but only in the event either Cherry Lane or the Bank fails to provide written assurance to Meridian to take steps to prevent such loss. Meridian shall provide written notice of costs incurred under this section to Bank and Cherry Lane which shall then become due and payable within 30 days of the date of written notice. Any sum so paid by bank to Meridian shall be immediately due and owing by Cherry Lane to Bank and until paid to Bank, shall be secured by leasehold deed of trust granted by Cherry Lane in favor of the Bank. 5. AGREEMENT BETWEEN CHERRY LANE AND MERIDIAN: The provisions of this section shall be binding upon Cherry Lane and Meridian as follows: 5.1 The funds received from any loan from the Bank which is secured by the Leasehold deed of trust will be used exclusively for capital improvements in the construction of the improvements referenced in the Conditional Use Permit and/or for meeting condition no. 1.20 of the Conditional Use Permit, and Cherry Lane shall provide written proof at such time written request made by Meridian for such information to the Bank of the application of said fund as herein provided and Cherry Lane herein agrees that the Bank may provide such information to a duly authorized agent of Meridian. Request for such written proof made by Meridian shall be directed to Cherry Lane with a copy to the Bank and Cherry Lane shall respond within 21 days of the date of the request. In the event Meridian determines there has been a default of this section, it shall notify Cherry Lane and the Bank in writing of the claim of default and Cherry Lane shall have 30 days from the date of Notice AGREEMENT - Page 5 to cure the default. In the event the default is not cured, the Bank shall release all such information to Meridian. 6. INSURANCE: The provisions of this section shall be binding upon Cherry Lane and Meridian and shall serve as an amendment to their Agreement of Lease as follows. 6.1 Agreement of Lease be and is hereby amended to provide that lessee shall provide proof of Casualty Loss Insurance for a reasonable amount of coverage for replacement of improvements, including sprinkler system, fairway and greens, club house, parking facilities and any and all other improvements thereon and liability insurance in an amount commensurate with the coverage as carried by other 18 hole golf course facilities which are privately managed in the Ada/Canyon County region of Idaho, and in no event less than the amount of liability provided under the State of Idaho Tort Claims Lav presently codified at I.C. § 6- 926, or as it may be amended in the future with Meridian being designated on said insurance coverages as a co-insured and certificates of such insurance coverage provided to Meridian. 7. DEFAULT: 7.1 A default of this agreement by the Bank is a failure to provide Meridian notice of Foreclosure of the Leasehold deed of trust and or a failure to pay reasonable costs incurred by Meridian pursuant to section 4 of this agreement. 7.2 A default of this agreement by Cherry Lane is a failure to apply funds obtained from the Bank for the Loan and/or supply information as required in section 5.1 and/or a failure to pay reasonable costs incurred by Meridian pursuant to section 4.3 of this agreement and a default of requirement to carry insurance pursuant to section 6 of this agreement. S. REMEDIES: 8.1 In the event of default of Bank no foreclosure sale shall occur in the event of a notice default and in the event of failure to pay reasonable costs as provided in Section 4.3, the amount of costs plus interest at the statutory rate from the date of notice of the amount of costs incurred was given by Meridian. AGREEMENT - Page 6 8.2 In the event of default of Cherry Lane, it shall hold the Bank harmless from any claim herein of default by Meridian, and in the event of a failure to apply funds received from the Bank from the loan and or to provide information as provided in section 5. 1, Cherry Lane shall be in default of the Agreement of Lease and in the event of failure to pay reasonable costs as provided in Section 4.3, the amount of costs plus interest at the statutory rate from the date of notice of the amount of costs incurred was given. 9. GENERAL PROVISIONS Section 9.1: Non -Waiver. The failure of a party hereto- to insist upon strict performance of observance of this agreement shall not be a waiver of any breach of any terms or conditions of this agreement by any other party. Section 9.2: Conflicts of Agreement with Applicable Lay. In the event any provision or section of this agreement conflicts with applicable lav, or is otherwise held to be unenforceable, the remaining provisions shall nevertheless be enforceable and carried into effect. Section 9.3: Attorneys Fees. In the event any litigation arising under, or as a result of, this agreement or arising from any of the acts to be performed hereunder or the alleged breach of this agreement, except for an agreed declaratory judgment action sought to clarify the responsibility and or authority of the "Parties" hereunder, the prevailing party shall recover its costs and reasonable attorneys' fees. Section 9.4: Idaho Lay. This agreement shall be governed and interpreted by the laws of the State of Idaho. Section 9.5: No Assignment. No party may assign this agreement or any interest therein. Section 9.6: Notices. All notices, requests, demands and other communications under this agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice to be given, or on the third day after mailing, if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and unless either AGREEMENT - Page 7 party should notify the other of a change of address, properly addressed as follows: City of Meridian Attention: City Cleric 33 E. Idaho Meridian ID 83642 Idaho Independent Bank 317 N. 9`h Ave. Boise ID 83702 Cherry Lane Recreation, Inc. 4200 W. Talamore Meridian ID 83642 Section 9.7: This agreement shall be executed by the "Parties" in three (3) counterparts, and each such counterpart shall be deemed an "original". Section 9.8: Requirement for Recordation: City may record either a memorandum of this Agreement or this Agreement, and submit proof of such recording to the parties. AGREEMENT - Page 8 h IN WITNESS WHEREOF, the parties have executed this Agreement atAda County, Idaho, the date written below. Attest: 41TV�CLEM( t BY RESOLUTION NO AGREEMENT - Page 9 2qg CITY OF MERIDIAN By: �iY&OBE RT D. CORRIE OF SEAL i A � I ` � IDAHO INDEPENDENT BANK Cherry Lane Recreation, INC. Wallace D. Lovan By: Venita I. Lovan ACKNOWLEDGMENTS STATE OF IDAHO) :ss County of Ada ) On this /.Sr day of 16 1 9-A , in the year ado , before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, Jr., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. •...... .•" � . LTG'• 4; • ' OT q (SEAL) �� . Vo.OF IV� STATE OF IDAHO) •'• :ss COUNTY OF ADA ) �A Nota blic for Idaho Commission expires: q12(01,00 On this 3rd day of Ail a r6li , in the year a2001) , before me, a Notary Public, personally appeared 6ernj A Nla ft�'So� , known or identified to me to be the 06e Prt6;d1,nL 4F Mana rof the Idaho Independent Bank, and acknowledged to me that he executd the instrument as i?e- re-�;'lcn4 of such bank. ..% 'S SSS9111818000 E. N •, e�•w4� f••.....ti (SEAL) . o c v : i' �G •; pus .f •. • [1 ��'••sTA TE 04_•••'• AGREEMENT - Page 10 �0� � 4w- .. Notary Public for Idaho Commission expires: /O/z-7)--oa3 STATE OF IDAHO) :ss COUNTY OF ADA) On this I day of Ft -:7g e u,+2 r , in the year 200t2, before me, a Notary Public, personally appeared Wallace D. Lovan and Venita I. Lovan, known or identified to me to be the fi2Es1,06:.r7and SE�c2eTzi-/1y of Cherry Lane Recreation, Inc. respectively, and acknowledged to me that they executed the same as P2EJ- c0EAc.3— and SEc2ffr,9.2y of Cherry Lane Recreation, Inc. �ti E N '•. (SEAL) =�� •�ARY 'G*: - titi c 5 •pu � i, ..•• of �. •�• A T E OV000"o 'P'•8•nn..•••••• Notary Public for Idaho Commission expires: /01-717-4O3 ey/Z: \Work\M\Meridian 15360M\Cherry Lane Estates\CityBankRec.Agr AGREEMENT - Page 11 RESOLUTION NO. 2 ?6 BY: ke,/?x 151"k-1-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO INDEPENDENT BANK, AND CHERRY LANE RECREATION, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, denoted as "AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and Cleric are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with IDAHO INDEPENDENT BA1NK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, entitled "AGREEMENT", by and between the City of Meridian and IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. RESOLUTION AUTHORIZING THE MAYOR TO ENTER — PAGE 1 OF 2 INTO AN AGREEMENT WITH IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC. CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do herebv certify: I . That I am the duly appointed and elected Cleric of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Cleric of this City, I am the custodian of its records and minutes and do hereby certify that on the ISP dayof Zvi , 2000, the following action has been taken and authorized:61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, denoted as "AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and Cleric are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, entitled "AGREEMENT", by and between the City of Meridian and IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. ;` G C� Tho >r �ZAL-VILLLAvt G. BERG, JPV ' ? ITY CLERK / 9C STATE OF IDAHO, ss. County of Ada, On this sr day of Q a Ci,-\-' , in the year 2000, before me, �. amz�C� , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) �.�' O • •Was** Notaryk,Dklic for Idaho Commission Expires: l Z6 eo msg/Z:\WorkVM\N1eridian 15360NI\CherryLane Land Exchange\CERTofCLKforIDIndedprBkCherryLaneforRES MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 2 MOTION CARRIED: ALL AYES. Rountree: Motion on the consent agenda? Bird: Mr. Mayor, I move that we approve the consent agenda excluding items A and E. Anderson: Second. Rountree: It's been moved and second to approve the consent agenda as items B, C and D. All those in favor? Opposed? MOTION CARRIED: ALL AYES. CHERRY LANE GOLF COURSE — LETTER OF CREDIT / LEASE HOLD DEED OF TRUST UPDATE: (STATEMENT OF CONSENT — APPROVE RESOLUTION #254) Rountree: You also have a letter from City Attorney Gigray dated today talking about the paragraph in the current agreement of lease related to assignment of subletting. This offers a solution between the City and the financial institution that will be providing the letter of credit to the City on the construction of the new golf course clubhouse. Any discussion on that particular item? Bentley: Yes, thank you. I would like to hear from legal counsel on this. Gigray: Mr. President, Councilman Bentley, members of the Council, as you have before you there a couple of memos I believe that you have. One that I sent on September 16th with regards to a request that had been made concerning the signing of what has been denoted as a schedule C on a lease hold deed of trust, which has to do with the financing I believe on the part of the Recreational Properties, Inc. for their clubhouse project and maybe some other items associated there with. That schedule C I believe in my previous memos had some items in it that I would not recommend to the Council that it would execute which includes whether or not there is any default. We've already addressed that by a separate which the Council has already authorized to be signed by the Mayor and attested by the Clerk. It also provides certain provisions in it that extend default provisions provide additional notice provisions and go beyond the lease agreement and there also is some concern at least from this office that if we would become somehow signature to that deed of trust that there may be some other legal considerations for which would not be recommended to the City Council to enter into. On the other hand it seems as if what the essential of that schedule is to simply to provide a notice that the City is aware that the lease holder the Recreational Properties Inc is entering into this arrangement to secure performance of an obligation and using MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 3 the lease hold as security for that. There is a specific provision in the agreement of lease with the Recreational Properties, Inc. entitled assignment of subletting which I have quoted in my memo to you today which would be a provision upon which I assume the lessee would rely with regards to right of reassignment on a lease agreement for an interest to one of its lenders. I think that we could take this in the spirit of that type of application in order to assist them to meet and comply with the conditional use permit that was issued and the letter of credit that is required of this. This proposed consent form would simply be a consent to their entering into that agreement, and the City would not enter into that deed -of -trust agreement and with reference to the specific provisions of their original request. Bentley: Well, Mr. President, by entering into this agreement that you've given us tonight dated the 21St of September, does this by any way take the City out of first position on this lease? Gigray: Well, that's one of the other reasons for this, and this isn't an agreement. It's simply a statement of consent, and the lease agreement is unaltered by this consent, and it's done pursuant to that lease agreement, and I felt that an argument could be made that we would be altering, in some ways, that original lease agreement if we signed that Schedule C which was on that lease -hold deed of trust which I'm sure was a form that was provided by the bank to them that they standardly use, and as the Council is well aware, this is a very unique situation where standard -form language can cause problems because of the history of this circumstance. So we're trying to accommodate their needs and at the same time protect the City's interest with regards that we've entered into one agreement, and that's the lease agreement or the agreement of lease, and we'll stand by that, but that's where we are and we don't go beyond that. Rountree: Any other questions? Bird: Has the Cherry Lane Recreation seen this? Gigray: Mr. President, Councilman Bird, members of the Council, since it is my job to represent the City, I feel that I have to share my communications with the City, and I shared this first with the President of the Council because I wasn't aware that this was an agenda item until today. The agendas, of course, are set, and not by me, and until I'm authorized to release this type of information to other parties without first running it by our own people, I didn't feel it was appropriate to do so. I was given the go-ahead to distribute this to members of the Council for your consideration tonight. Certainly, if you wished to share this with them prior to taking any action, I would recommend that you well could do so, and you could, in fact, table the action on this until they've had a chance to review it, if they have representatives here, and take it up later in the meeting. MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 4 Rountree: Jerry, you're nodding your head. What does that mean? That you're glad to be here or what? Mattison: I guess I'm not sure what the question was. Rountree: Bill, would you explain to Gary what it is we're proposing here to assure the lease to the lender? Gigray: This proposal, and I, with your permission, would share this with him so he could read it, would be that the City would authorize, this evening, the Council a consent to the lease assignment, and, actually, it's a consent specifically to Cherry Lane Recreation, Inc. entering into the leasehold deed of trust, but it would not be signing your Schedule C. This statement would be issued in lieu of that, and you can read this here, but it's acknowledging that they're entering into this deed of trust, and its consent is limited to that. I think that's the intent and purpose of Schedule C. The language in Schedule C, I believe, includes some provisions that I have concern about in terms of the City. And then my suggestion was if you wish, give you chance to read this over if the Council and the President are desirous, they could table this until later in the meeting so you might have plenty of time to read this over before you'd even have to comment about it. Mattison: I appreciate that. The concern I would have — this has gotten down to a power between attorneys. You're giving this to me, and I am not an attorney. In all honesty, we need our attorney and our counsel to review whatever it is you're proposing. I wish I had had this before so I could have faxed it up to them today, and they could have taken a look at it. To give it to me tonight and expect to make a determination of the legality of it and whether it'll meet the bank's needs, I think, is kind of not much of a timeframe. I had given this document, what we are asking, a month and a half ago to you to review. Gigray: I told you, sir, the time that was delivered was the time my mother died — Mattison: I'm aware of that. Gigray: -- and it went with a bunch of other documents, and the only request that I was aware of that the bank had at this point, and it was referred to me by the Planning and Zoning Office was the City should approve the form of the letter of credit which was the main document that was on the top of it. Rountree: Let me interject here, Jerry. I understand the position you're in, and I also understand and really sympathize with Bill having just lost my mother a week ago. So — MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 5 Mattison: (inaudible) there were other times after that that I had direct conversation with the attorney, and he acknowledged it was fine. Rountree: I don't know where we are there. We'll rule that out as a solution here, this evening that's been proposed to the City and before the Council. You're not in a position to say one way or another, so, I guess, now (inaudible) in the hands of the Council what they want to do with this. Mattison: The way it was presented to me from my counsel was if the City won't sign this, you don't have a deal. Now, this may be something that you've come up with that will mitigate that, and it'll be fine. I don't know. I'm not an attorney; I can't tell you whether it would work or not. Rountree: I understand. I'm not sure this is the form to broker a negotiated deal. Mattison: I agree. I totally agree. That's why we tried to do it a month ago. Rountree: Thank you. Any other questions? Bird: I have none. Anderson: I have none. Rountree: Discussion? Motion? Anderson: I guess in light of the information that's come out tonight, and I don't like putting this off anymore, it's drug on long enough, but I think this is not probably the place to negotiate this, and it sounds like other parties would need additional time to determine if this agreement would even work, so I think it would be pretty mature for us to be voting on this tonight, so I guess I would make a motion to table this issue until the October 5th meeting. Rountree: Do we have a second? Bird: I'll second it. Rountree. It's been moved and seconded to table. Mr. Bentley. Bentley: Discussion. I don't know if Cherry Lane can wait two more weeks. My question would be how much time is the attorney and the bank going to need to review? Maybe this is an issue that if we table this for two weeks we're not going to be able to bring it up any sooner. MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 6 Rountree: If the Council will let me, I'll take my mayor hat off and become a councilman. Any objections? Bird: You may (inaudible) Rountree: I guess my recommendation would be that one of two; we act on this recommendation and provide that to Cherry Lane and run it through their staff. That will save some time on their part. The other option would be to move to give that to them and offer them a special meeting to either negotiate or to agree to whatever they've come up with their legal staff. Just for discussion. Mr. Gigray. Gigray: Mr. President, members of the Council, point of information. Since this is a statement issued, it's not an agreement. The bank isn't agreeing to anything in this statement. We're just issuing a statement, the request has been made and you're consenting that the leaseholder can enter into this leasehold deed of trust. That's all this says. And I think you could take action on this, authorize the President of the Council and the clerk to attest, provide it to them, they'll have it, and if they don't like it, they'll come back. And if they like it and it works with the bank, it's done. It's over with. Bird: Let's vote on the motion Rountree: Do you have a question? All those in favor of the motion signify by saying aye. MOTION FAILS ZERO TO THREE Bird: Mr. President. Rountree: Mr. Bird. Bird: I move that we pass Resolution Lot. Rountree: We're working on it down here. Two fifty-four. Gigray: Did you assign a resolution number to this consent agenda? Bird: That will come later. Gigray: No. Consent agenda was passed, so you've already got it — okay. Thank you. Rountree: Two fifty-four. MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 7 Bird: I move that we pass Resolution No. 254 and for the Council President to sign, the clerk to attest with a suspension of rules. Rountree: Second? Anderson: Second. Rountree: Been moved and seconded to approve the Resolution 254 with suspension of rules. All those in favor? MOTION CARRIED: ALL AYES 1. TABLED 9/7/99: ORDINANCE # -- ANNEXATION & ZONING OF 6.15 ACRES (FOR R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE BY IONIC ENTERPRISES, INC.—SOUTHWEST CORNER OF LOCUST GROVE & FRANKLIN: (TABLE UNTIL 10/5/99) Rountree: Next item on the agenda was tabled at our last meeting. It relates ;o the annexation of 6.15 acres for zoning R-40 for proposed Cobblestone Village by Ionic Enterprises, Inc. southwest corner of Locust Grove and Franklin. I've been advised Ionic Enterprises has yet to be licensed to operate in the State of Idaho, so I would recommend that Council consider tabling this item. Bird: Mr. Mayor – Mr. President. Rountree: Mr. Bird. Bird: I move that we table the ordinance for the annexation and zoning the 6.15 acres for Cobblestone Village by Ionics Enterprises, Inc. until October 5th. Rountree: Is there a second? Anderson: Second. Rountree: Been moved and seconded that we table Item No. 1 until October 5th. Any discussion? Mr. Bentley. Bentley: Is that enough time? Rountree: Should be. It should be. Bentley: Okay. Thank you. MERIDIAN CITY COUNCIL MEETIN APPLICANT:. AGENDA ITEM NUMBER: REQUEST: AGENCY OTHER: TEE: COMMENTS Office of the City Attorney The City of Meridian - Idaho's Initial Point of Beginning To: President of Council and Council From: Bill Gigray, City Attorney Re: Cherry Lane Inc. Agenda Matter Date: September 21, 1999 200 E. Carlton Ave. Suite 31 PO Box 1150 Meridian ID 83680-1150 Phone: 288-2499 Fax: 288-2501 E-mail: wfg@wppmg.com FlEc"vED SEP 2 1 1999 CITY OF MERIDIAN The purpose of this memo is to provide the City Council with an option regarding the first matter on the agenda for tonight's council meeting. The Council might consider the issuance of a "Consent to Lessee Assignment with Right or Reassignment by Deed of Trust", a form for which I have enclosed for your consideration. The point of this document is to provide upon the request of Cherry Lane Recreation, Inc., for the Council to follow the provisions of Section 14 of the "Agreement of Lease" which provides: 'ASSIGNMENT OF SUBLETTING. Lessee shall not assign, transfer or sublet this lease, or any portion thereof, or any privilege hereunder, either voluntarily or involuntarily, without the prior written consent of Lessor, which consent shall not be withheld unreasonably; except that Lessee may assign its right, title and interest in and to this lease agreement with right of reassignment, to its lender and to a Meridian local development company'. The statement would simply provide the City's consent and nothing else. In my opinion the provisions of the proposed schedule C of the Leasehold Deed of Trust include provisions that go beyond the Agreement of Lease, including additional notice and extended default periods, besides other issues. I have already referenced these issues in my memo dated September 14, 1999. Z:IWoWWMeridian 15360WCherryLane Land ExchangelPresofCouncilandCounci1092199.Mem FILE COPY MERIDIAN SPECIAL CITY COUNCIL MEETING MARCH 15 2000 The special meeting of the Meridian City Council was called to order at 6:17 p.m. on Wednesday, March 15, 2000, by Mayor Robert D. Corrie. Members present: Bob Corrie, Tammy deWeerd, Ron Anderson, Keith Bird, Cherie McCandless. Others present: Gary Smith, Bill Nichols, John Shawcroft, Brad Watson, Will Berg. Corrie: Okay, I'll open the special meeting on Wednesday, March 15, 2000, at 6:17 p.m. This meeting will include an executive session and the agenda items are as follows. The first item on the agenda — sorry. Roll -call. Item 1. Findings of Fact and Conclusions of Law: CUP 00-008 Request for extension of Conditional Use Permit for temporary clubhouse by Cherry Lane Recreation, Inc. - 4100 Talamore: Corrie: The first item on the agenda is the Findings of Facts and Conclusions of Law, CUP 00-008, request for extension of Conditional Use Permit for temporary clubhouse by Cherry Lane Recreation, Inc., 4100 Talamore. Council, I believe you all have the Findings of Facts and Conclusions of Law for the request of Conditional Use Permit. I will say that we've got the three signatures on the — what do you call that? Agreement. Okay. And we also have the letter of credit that was brought in by the bank, so everything is up to date on this. Discussion? Okay. Hearing none, I'll entertain a motion on the Findings of Facts and Conclusions of Law and Order of Decision granting a time extension. Bird: Mr. Mayor, I move that we approve the Findings of Facts and Conclusions of Law and Decision of Order for the extension on the Cherry Lane Golf Course (inaudible). Anderson: Second. Corrie: Motion is made and seconded to approve the Findings of Facts and Conclusions of Law and the Decision of Order granting a time extension. Any further discussion? Hearing none, roll -call vote. Roll -calla Anderson, aye; Bird, aye; deWeerd, aye; McCandless, aye. MOTION CARRIED: ALL AYES Corrie: All ayes, motion carried. I'll sign the Order and so, Gary, you can take care of the particulars tomorrow. Okay. That was the order of business. Item 2. Executive Session 67-2345 (c): Item 3. Possible decision on real property purchase: Corrie: The next one is the Executive Session, 67-2345 (c). Bird: Mr. Mayor, I move that we go into an Executive Session under the State Code 67-2345 (c). Corrie: Do I hear a second? McCandless: Second. Corrie: Motion made and seconded to go into Executive Session. Any further discussion? Roll -call vote. Roll -call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye. MOTION CARRIED: ALL AYES Corrie: Motion to come out of Executive Session? Bird: So moved. Anderson: Second. Corrie: Motion made and seconded to come out of Executive Session. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: All carried, out of Executive Session. All right. The meeting for the regular — special meeting for March 15, we've done the agenda. If there aren't anymore discussions, then I'll entertain a motion to come out of the special session. Anderson: So moved. Bird: Second. Corrie: Motion made and seconded to come out of special session of City Council. Any further discussion? Hearing none, all those in favor of the motion say aye. ,G2CEMENr Fire COPY Parties: City of Meridian Idaho Independent Bank and Cherry Lane Recreation, Inc. THIS AGREEMENT is made and entered into this % S7�7 day of 11W,, at 6L 1200157 by and between the City of Meridian, Idaho, a municipal corporation, ereinafter referred to as "City", and Idaho Independent Bank, and Idaho corporation, hereinafter referred to as `Bank", and Cherry Lane Recreation, Inc., and Idaho corporation. 1. RECITALS: 1.1 WHEREAS the City of Meridian has issued a conditional use permit to Cherry Lane Recreation, Inc. for the Golf Course Clubhouse, Parking Lot and Temporary Clubhouse at 4200 Talamore Blvd. Meridian Idaho; and 1.2 WHEREAS the Conditional use permit contains the following condition: "1.20 The temporary clubhouse shall be used for a period not to exceed seven (7) months from the date of this order. Prior to moving of the temporary clubhouse, a letter of credit or cash shall be received by the City of Meridian as a guarantee for completion of the permanent clubhouse and parking lot in the amount of Five Hundred Thousand and No/100ths ($500,000.00) Dollars."; and 1.3 WHEREAS, in order to comply with condition 1.20 of the Conditional Use Permit and to construct the improvements permitted by the Conditional Use Permit, Cherry Lane has requested loans and other financial accommodations from Bank which the Bank is willing to provide upon various conditions, which conditions include as security a leasehold deed of trust upon Cherry Lane's lessees' interest in the real property, which is the subject of the Agreement of Lease, and in AGREEMENT - Page 1 addition the Bank requires the City to agree during the term of the leasehold deed of trust that no modifications of the Agreement of Lease be undertaken without the City first notifying the Bank, in writing at least 90 days prior to the effective date of any modification, of the City's intention to modify the Agreement, and that in the event of default by Cherry Lane under the terms of the Agreement of Lease the City would notify the Bank of such default in writing a least 30 days prior to taking any action to enforce any of the City's Rights under the Agreement of Lease, during which time the bank would have the option to cure the default or take such other action as may be necessary to protect the Bank's security interest in the Agreement of Lease; and 1.4 WHEREAS Meridian is willing to enter into such an agreement to provide the Bank such notice only upon the consideration that Cherry Lane agree that the funds received from any loan from the Bank which is secured by the Leasehold deed of trust be used exclusively for capital improvements in the construction of the improvements referenced in the Conditional Use Permit and/or for meeting condition no. 1.20 of the Conditional Use Permit, and that the Bank and Cherry Lane agree that Meridian upon a default of Cherry Lane and foreclosure by the Bank of the Leasehold Deed of Trust shall have the exclusive first option to purchase from the Bank the note and all collateral, in the amount equal to the total amount then owed to the Bank by Cherry Lane together with all costs, expenses, and fees of the Bank which could not be exercised until a time subsequent to the expiration of the Letter of Credit issued by the Bank pursuant to condition no. 1.20 of the Conditional Use Permit; and that in the event of a default and in the event Cherry Lane fails to maintain the golf course Meridian ,upon 7 days prior written notice in the case of imminent peril with risk of loss to fairway or greens, could elect to maintain the golf course and premises to avoid loss of fairway or greens, and to be reimbursed for said reasonable costs only in the event either Cherry Lane or the Bank fails to provide written assurance to Meridian to take steps to prevent such loss, and that the Agreement of Lease be amended to provide that lessee shall provide proof of Casualty loss insurance for a reasonable amount of coverage for replacement of improvements, including sprinkler system, fairway and greens, clubhouse, parking facilities and any and all other improvements thereon and liability insurance in an amount commensurate with the coverage as carried by other 18 hole golf course facilities which are privately managed in the Ada/Canyon County region AGREEMENT - Page 2 of Idaho, and in no event less than the amount of liabilitv provided under the State of Idaho Tort Claims Law presently codified at I.C. § 6- 926, or as it may be amended in the future with Meridian being designated on said insurance coverages as a co-insured. 1.5 WHEREAS Bank and Cherry Lane are agreeable to the consideration required by Meridian 2. DEFINITIONS: 2.1 Conditional Use Permit: means and refers to that certain Conditional Use Permit which was issued by the City of Meridian to Cherry Lane Recreation, Inc., an Idaho Corporation for the construction, use and maintenance of a Golf Course Clubhouse, Parking Lot and Temporary Clubhouse at 4200 Talamore Blvd, Meridian Idaho in City of Meridian Case No. CUP -99-009, as may be amended from time to time. 2.2 Meridian: means and refers to the City of Meridian, a municipal corporation having as its principle address 33 E. Idaho, Meridian, ID 83642. 2.3 Bank: means and refers to the Idaho Independent Bank, an Idaho corporation with its principle address at 317 N. 91h Ave., Boise, ID 83702. 2.4 Cherry Lane: means and refers to Cherry Lane Recreation, Inc., an Idaho corporation with its principle offices at 4200 W. Talamore, Meridian ID 83642. 2.5 Agreement of Lease: means and refers to that certain Agreement of Lease by and between Meridian and Cherry Lane dated October 3, 1978. 2.6 Leasehold Deed of Trust: means and refers to that Certain Leasehold Deed of Trust by and between Bank and Cherry Lane which secures the Bank's loan to Cherry Lane in the leasehold interest of Cherry Lane to the Agreement of Lease. 2.7 Golf Course: means and refers to the golf course which has been developed and is the subject of the Agreement of Lease. AGREEMENT - Page 3 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 3. INCORPORATION OF RECITALS: 3.1 That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 4. AGREEMENT BETWEEN BANK, CHERRY LANE AND MERIDIAN: The provisions of this section shall be binding upon Bank, Cherry Lane and Meridian as follows: 4.1 During the term of the Leasehold Deed of Trust no modifications of the Agreement of Lease shall be under taken without Meridian first notifying the Bank, in writing at lease 90 days prior to the effective date of any modification, of the City's intention to modify the Agreement of Lease, and that in the event of default by Cherry Lane under the terms of the Agreement of Lease, Meridian shall notify the Bank of such default in writing at least 30 days prior to taking any action to enforce any of Meridian's rights under the Agreement of Lease, during which time the bank is given the option to cure the default or take such other action as may be necessary to protect the Bank's security interest in the Agreement of Lease. No modification of the Agreement of Lease nor any right of default of the Agreement of Lease shall accrue to Meridian until this provision has been complied with. 4.2 Meridian shall have the exclusive first option to purchase from the bank the note and all collateral, in the amount equal to the total amount then owed to the Bank by Cherry Lane together with all costs, expenses, and fees of the Bank. This option to purchase may be exercised at any time subsequent to the expiration of the letter of credit issued by the bank pursuant to condition number 1.20 of the conditional use permit but must be exercised prior to 3:00 p.m. Mountain time, on the business day prior to the date of any scheduled foreclosure sale. In the event Meridian determines to exercise its option as provided herein, it shall deliver the option price in cash to bank by no later than 3:00 p.m., Mountain time, on the business day prior to any scheduled foreclosure sale. The Bank shall give Meridian notice of foreclosure and of date of sale which shall include notice of this exclusive first option. Meridian may file a request for a copy of notice of default or notice of sale, AGREEMENT - Page 4 pursuant to I.C. § 45-1511, and the Bank shall provide Meridian with the necessary information on the recording of the Leasehold Deed of Trust to enable Meridian to so file the request for notice and the Bank shall also cause Meridian to receive notice in the manner provided for in I.C. § 45-1505 at the address of Meridian herein provided even in the event Meridian fails to record a request for notice. 4.3 In the event of a default of the Leasehold deed of trust by Cherry Lane and in the event Cherry Lane fails to maintain the golf course Meridian upon 7 days prior written notice to Bank and that Cherry Lane in the case of imminent peril of risk of loss to fairway or greens Meridian has elected to maintain the golf course and premises to avoid loss of fairway or greens and shall be reimbursed for said reasonable costs, but only in the event either Cherry Lane or the Bank fails to provide written assurance to Meridian to take steps to prevent such loss. Meridian shall provide written notice of costs incurred under this section to Bank and Cherry Lane which shall then become due and payable within 30 days of the date of written notice. Any sum so paid by bank to Meridian shall be immediately due and owing by Cherry Lane to Bank and until paid to Bank, shall be secured by leasehold deed of trust granted by Cherry Lane in favor of the Bank. 5. AGREEMENT BETWEEN CHERRY LANE AND MERIDIAN: The provisions of this section shall be binding upon Cherry Lane and Meridian as follows: 5.1 The funds received from any loan from the Bank which is secured by the Leasehold deed of trust will be used exclusively for capital improvements in the construction of the improvements referenced in the Conditional Use Permit and/or for meeting condition no. 1.20 of the Conditional Use Permit, and Cherry Lane shall provide written proof at such time written request made by Meridian for such information to the Bank of the application of said fund as herein provided and Cherry Lane herein agrees that the Bank may provide such information to a duly authorized agent of Meridian. Request for such written proof made by Meridian shall be directed to Cherry Lane with a copy to the Bank and Cherry Lane shall respond within 21 days of the date of the request. In the event Meridian determines there has been a default of this section, it shall notify Cherry Lane and the Bank in writing of the claim of default and Cherry Lane shall have 30 days from the date of Notice AGREEMENT - Page 5 to cure the default. In the event the default is not cured, the Bank shall release all such information to Meridian. 6. INSURANCE: The provisions of this section shall be binding upon Cherry Lane and Meridian and shall serve as an amendment to their Agreement of Lease as follows. 6.1 Agreement of Lease be and is hereby amended to provide that lessee shall provide proof of Casualty Loss Insurance for a reasonable amount of coverage for replacement of improvements, including sprinkler system, fairway and greens, club house, parking facilities and any and all other improvements thereon and liability insurance in an amount commensurate with the coverage as carried by other 18 hole golf course facilities which are privately managed in the Ada/Canyon County region of Idaho, and in no event less than the amount of liability provided under the State of Idaho Tort Claims Law presently codified at I.C. § 6- 926, or as it may be amended in the future with Meridian being designated on said insurance coverages as a co-insured and certificates of such insurance coverage provided to Meridian. 7. DEFAULT: 7.1 A default of this agreement by the Bank is a failure to provide Meridian notice of Foreclosure of the Leasehold deed of trust and or a failure to pay reasonable costs incurred by Meridian pursuant to section 4 of this agreement. 7.2 A default of this agreement by Cherry Lane is a failure to apply funds obtained from the Bank for the Loan and/or supply information as required in section 5.1 and/or a failure to pay reasonable costs incurred by Meridian pursuant to section 4.3 of this agreement and a default of requirement to carry insurance pursuant to section 6 of this agreement. S. REMEDIES: 8.1 In the event of default of Bank no foreclosure sale shall occur in the event of a notice default and in the event of failure to pay reasonable costs as provided in Section 4.3, the amount of costs plus interest at the statutory rate from the date of notice of the amount of costs incurred was given by Meridian. AGREEMENT - Page 6 8.2 In the event of default of Cherry Lane, it shall hold the Bank harmless from any claim herein of default by Meridian, and in the event of a failure to apply funds received from the Bank from the loan and or to provide information as provided in section 5. 1, Cherry Lane shall be in default of the Agreement of Lease and in the event of failure to pay reasonable costs as provided in Section 4.3, the amount of costs plus interest at the statutory rate from the date of notice of the amount of costs incurred was given. 9. GENERAL PROVISIONS Section 9.1: Non -Waiver. The failure of a party hereto to insist upon strict performance of observance of this agreement shall not be a waiver of any breach of any terms or conditions of this agreement by any other party. Section 9.2: Conflicts of Agreement with Applicable Law. In the event any provision or section of this agreement conflicts with applicable law, or is otherwise held to be unenforceable, the remaining provisions shall nevertheless be enforceable and carried into effect. Section 9.3: Attorneys Fees. In the event any litigation arising under, or as a result of, this agreement or arising from any of the acts to be performed hereunder or the alleged breach of this agreement, except for an agreed declaratory judgment action sought to clarify the responsibility and or authority of the "Parties" hereunder, the prevailing party shall recover its costs and reasonable attorneys' fees. Section 9.4: Idaho Lay. This agreement shall be governed and interpreted by the laws of the State of Idaho. Section 9.5: No Assignment. No party may assign this agreement or any interest therein. Section 9.6: Notices. All notices, requests, demands and other communications under this agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice to be given, or on the third day after mailing, if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and unless either AGREEMENT - Page 7 party should notify the other of a change of address, properly addressed as follows: City of Meridian Attention: City Cleric 33 E. Idaho Meridian ID 83642 Idaho Independent Bank 317 N. 9`h Ave. Boise ID 83702 Cherry Lane Recreation, Inc. 4200 W. Talamore Meridian ID 83642 Section 9.7: This agreement shall be executed by the "Parties" in three (3) counterparts, and each such counterpart shall be deemed an "original". Section 9.8: Requirement for Recordation: City may record either a memorandum of this Agreement or this Agreement, and submit proof of such recording to the parties. AGREEMENT - Page 8 IN WITNESS WHEREOF, the parties have executed this Agreement at Ada Countv, Idaho, the date written below. Attest: 4ITY CLERK BY RESOLUTION NO. 2 6?9 AGREEMENT - Page 9 CITY OF MERIDIAN By: YOR R BERT D. CORRIE OF MR&%,�i�'rff�'�. _ SEA _ qi O UST Is •�- IDAHO INDEPENDENT BANK By: _ Cherry Lane Recreation, INC. By: Wallace D. Lovan By: �7/l Venita I. Lovan STATE OF IDAHO) ss County of Ada ACKNOWLEDGMENTS On this /St- day of Lf GL4L1- , in the year ZGC%4 ,before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, Jr., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. • (SEAL) •r OF 1DO�• STATE OF IDAHO) aw :ss COUNTY OF ADA) :J Nota ublic for Idaho Commission expires: gl26lG0 On this Mrd day of Parch , in the year a20Oy , before me, a Notary Public, personally appeared 6erni N7. Nla ft�`Se,-� , known or identified to me to be the Vf" Prt61dlmf4MAnf the Idaho Independent Bank, and acknowledged to me that he execute instrument as i?e re5r'd�n f � of such bank. (SEAL) • o � U • PU$ •., ••.....•r' 1� ,.• ''•.sTA TE 04,••••. AGREEMENT - Page 10 Notary Public for Idaho Commission expires: STATE OF IDAHO) ss COUNTY OF ADA) On this r -h day of FEK3►2 y , in the year 2-OtIC2 ,before me, a Notary Public, personally appeared Wallace D. Lovan and Venita I. Lovan, known or identified to me to be the OAEEs [ M�'.1T--and of Cherry Lane Recreation, Inc. respectively, and acknowledged to me that they executed the same as and SC-c2r!:7r-,9✓ey of Cherry Lane Recreation, Inc. t�8 E. 1v0 •••,� •....le • (SEAL) �� o� AR 1' • , t' / G* e .A 'r E1811116% Notary Public for Idaho Commission expires: ey/Z: \Work\M \Meridian 15360M\Cherry Lane Estates\CityBankRec.Agr AGREEMENT - Page 11 RESOLUTION NO. 2 �� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO INDEPENDENT BANK, AND CHERRY LANE RECREATION, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with IDAHO INDEPENDENT BANK AND CHERRY LA.INE RECREATION, INC., an Idaho Corporation, denoted as "AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and Cleric are hereby authorized tb enter into and on behalf of the City of Meridian that certain agreement with IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, entitled "AGREEMENT", by and between the City of Meridian and IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. RESOLUTION AUTHORIZING THE MAYOR TO ENTER — PAGE 1 OF 2 INTO AN AGREEMENT WITH IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC. Sj PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of .Q bY-ct.cv.(�2000. 61 { S't APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. + `+ OF m G\ \�GpRpQRq TFoy�� r SEAL _ o� 9 ATTEST: CITY CLERK msp/ZAWorlc\Nl\Nleridian 15360M\CherrvLane Land Exchange\IdlndepntBkCherrvLanAgmt. Res RESOLUTION OF THE CITY OF MERIDIAN — PAGE — AUTHORIZING THE MAYOR TO ENTER INTO A LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE DATED OCTOBER 30, 1978 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certifv: 1. That I am the duly appointed and elected Cleric of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Cleric of this City, I am the custodian of its records and minutes and do hereby certify that on the /-5P day of 2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, denoted as "AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and Cleric are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, entitled "AGREEMENT", by and between the City of Meridian and IDAHO INDEPENDENT BAtNK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this Citv to its terms and conditions. nilirrrrrr v SZiAL WILLIAM G. BERG, J c°� tITY CLERK 7- 1 S1 o�S`\ STATE OF IDAHO, ss. County of Ada, On this Sr day of Q a Cv1 in the vear 2000, before me, 5het6 E- arnZGc-, , a Notary Public, appeared WILLIAM G. BERG, 1R., lcno,vvn or identified to me to be the City Cleric of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ••.soon... •�E:UG •. OT (SEAL) P • � a j9 IG,p�' '•' OF ID .- •+.••s•• Nota lic for Idaho Commission Expires: 1 Z6 CO msg/Z:\Work\M\Meridian I5360M\CherryLane Land Exchange\CERTofCLICforIDlndedptBkCherryLaneforRES FILE COPY BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR TIME EXTENSION OF TEMPORARY CLUBHOUSE, CHERRY LANE RECREATION, INC., INC. APPLICANT. PIECIEIVEJ) R � MAR 1 4 ?00(113 CITY OF MERIDIAN 03-07-00 CASE NO. CUP -00-008 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A TIME EXTENSION The above entitled matter coming on regularly for public hearing before the City Council on March 7, 2000, at 7:30 o'clock p.m., at Meridian City Hall, 33 East Idaho, Meridian, Idaho, and Brad Hawkins -Clark, Assistant Planner for the Planning and Zoning Department, appeared and testified, and Mike Spink, appeared and testified on behalf of the Applicant, and appearing and commenting was Gordon Margulieux, and the City Council having received the transmittal to agencies and having received the conditional use application for time extension application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to -wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW — PAGE I OF 5 AND ORDER OF DECISION GRANTING A TIME EXTENSION (CUP -00-008) A01., FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 — January 4, 1994 and Maps. 2. The requirements of Idaho Code §§ 67-6509, 6516 and §§ 11-2-416 E and 419 D as evidenced in the record of this matter. 3. The property is located at 4100 W. Talamore, Meridian, Idaho. 4. The Lessee of record of the subject property is Cherry Lane Recreation, Inc. of Meridian. 5. Applicant is Lessee of record. 6. The subject property is currently zoned R-4 (Low Density Residential). The zoning district of R-4 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2C. 7. The proposed application requests a conditional use permit for time extension of temporary clubhouse during construction and for construction of a new clubhouse. The R-4 zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development FINDINGS OF FACT AND CONCLUSIONS OF LAW — PAGE 2 OF 5 AND ORDER OF DECISION GRANTING A TIME EXTENSION (CUP -00-008) Ordinance, Section 11-8-1). 8. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 9. The use proposed within the subject application ,vill in fact, constitute a conditional use as determined by City Ordinance. 10. The granting of the requested time extension will not be detrimental to the public's welfare or injurious to other property in the area of the proposed use, and, in fact, the development will be in accordance with the conditions of approval. 11. The applicant paid the fee established by the City Council for application for a time extension for the conditional use permit. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code § 67-6512 to provide as part of its zoning ordinance for the process of applications for conditional use permits. 2. The City of Meridian has exercised its authority of Idaho Code § 67-6512 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in the Meridian City Code. 3. The requirements for the processing of a conditional use permit are set forth FINDINGS OF FACT AND CONCLUSIONS OF LAW — PAGE 3 OF 5 AND ORDER OF DECISION GRANTING A TIME EXTENSION (CUP -00-008) 10-1. in Idaho Code § 62-6512 and Meridian City Code §§ 11-17. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. That Applicant, Cherry Lane Recreation, Inc., is hereby granted an eight (8) month time extension for the construction of the clubhouse by Cherry Lane Recreation, Inc., and use of a temporary clubhouse for the period of construction. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of an eight (8) month time extension for the conditional use permit for construction of a clubhouse and use of a temporary clubhouse during the period of construction, may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 15 day of 2000. FINDINGS OF FACT AND CONCLUSIONS OF LAW — PAGE 4 OF 5 AND ORDER OF DECISION GRANTING A TIME EXTENSION (CUP -00-008) COUNCILMAN RON ANDERSON VOTED COUNCILMAN I(EITH BIRD VOTED C� COUNCILPERSON TAMMY deWEERD VOTED COUNCILPERSON CHERIE McCANDLESS VOTED —*-A— MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: 3-15-620 MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: /- 44�1. � City Clerk Dated: ZAWorl,VV Meridian 15360M\Cherry Lane Goff Course CUP7imeExtCUMCIsOrd `i��`s�� ri arm 1�t�trt y,,dr SEAL `hYT 191 , Cin FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 OF 5 AND ORDER OF DECISION GRANTING A TIME EXTENSION (CUP -00-008) BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR TIME EXTENSION OF TEMPORARY CLUBHOUSE, CHERRY LANE RECREATION, INC., INC. APPLICANT. ) PtECEIVET) M A 4 i ;00 CITY OF TIEIIID LAN 03-07-00 CASE NO. CUP -00-008 ORDER GRANTING AN EIGHT (8) MONTH TIME EXTENSION FOR THE CONSTRUCTION OF TEMPORARY CLUBHOUSE This matter coming on regularly before the City Council on the 15`l' day of March, 2000, upon the Applicant's time extension application for a six (6) month extension within which to complete the construction of the temporary clubhouse and good cause appearing; IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: The above named Applicant is granted an eight(8) month extended period of time from the date of this Order within which to complete the construction on the clubhouse, and use of a temporary clubhouse during the period of construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW — PAGE 1 OF 2 AND ORDER OF DECISION GRANTING A TIME EXTENSION (CUP -00-008) r% - By action of the City Council at its regular meeting on the 15th" day of March, 2000. DATED this. —day of Ma, -L �� 2000. or Robert D. Corrie Copy served upon the Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By. City Cleric Dated: S l S' D 0 Z:\Work\M\Meridian 15360M\Cherry Lane Golf Course CUP\ORDERTimeExt SM w FINDINGS OF FACT AND CONCLUSIONS OF LAW — PAGE 2 OF 2 AND ORDER OF DECISION GRANTING A TIME EXTENSION (CUP -00-008) MAYOR HUB OF TREASURE VALLEY Robert D. Corrie '1 A Good Place to Live CITY COUNCIL MEMBERS CITY OF MERIDIAN Ron Anderson 33 EAST IDAHO Keith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 Cherie McCandless City Clerk Office Fax (208) 888-4218 NOTICE OF SPECIAL MEETING LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at City of Meridian Waste Water Treatment Plant, 3401 N. Ten Mile Road, Meridian, Idaho, on Wednesday, March 15, 2000 at 6:00 P.M. This meeting shall include an Executive Session (the session itself is closed to the public) called in accordance with Idaho State Code 67-2345 (c) relative to the acquisition of real property. The following are agenda items: possible decision on real property purchase, findings of fact and conclusions of law and decision of order for conditional use permit extension for Cherry Lane Recreation, Inc. The public is welcome to attend the special meeting but the executive session will be closed to the public. DATED this 13th day of March, 2000. `�Gne,POlq,� Tho tfv BEAD �' 9 T1S'�• �K' jxt�//%- WILLIAM G. BERG, JR. CI CLERK Meridian City Council Agenda March 15, 2000 @ 6:00 P.M. Wastewater Treatment Plant 3401 N. Ten Mile Road Meridian, Idaho Roll -Call: Tammy deWeerd Cherie McCandless Ron Anderson Keith Bird Mayor Robert Corrie Regular Agenda 1. Findings of Fact and Conclusions of Law: CUP 00-008 Request for extension of Conditional Use Permit for temporary clubhouse by Cherry Lane Recreation, Inc. - 4100 Talamore: 2. Executive Session 67-2345 (c): 3. Possible decision on real property purchase: MARCH 14, 2000 CUP 00-008 MERIDIAN CITY COUNCIL MEETING: MARCH 15 2000 APPLICANT: CHERRY LANE RECREATION INC. AGENDA ITEM NUMBER: ' REQUEST: CUP FOR TIME EXTENSION OF TEMPORARY CLUBHOUSE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED FINDINGS AND ORDER BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. MAR 1 2000 i n t e r o f f ice CITY OFMIDIA�N MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Cherry Lane Recreation, Inc. CUP-00-00:'Time Extension Date: March 9, 2000 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A TIME EXTENSION, pursuant to action of the Council at their March 7, 2000, meeting. The Findings will be on the Council's agenda for their March 15, 2000, special meeting. If Council approves the Findings then please present the attached original of the ORDER GRANTING AN EIGHT (8) MONTH TIME EXTENSION FOR THE CONSTRUCTION OF TEMPORARY CLUBHOUSE to the Mayor for signature, then please serve conformed copies upon the Applicant, Planning and Zoning, Public Works and the City Attorney. msg/ZAWorlc\M\Meridian 15360M\Cherry Lane Golf Course CUP\CllcTimeExt030800.ltr BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR TIME EXTENSION OF TEMPORARY CLUBHOUSE, CHERRY LANE RECREATION, INC., INC. APPLICANT. J?FGF-1vED 1 4 �00, 26 MAR CITY OF MERIDIAN 03-07-00 CASE NO. CUP -00-008 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A TIME EXTENSION The above entitled matter coming on regularly for public hearing before the City Council on March 7, 2000, at 7:30 o'clock p.m., at Meridian City Hall, 33 East Idaho, Meridian, Idaho, and Brad Hawkins -Clark, Assistant Planner for the Planning and Zoning Department, appeared and testified, and Mike Spink, appeared and testified on behalf of the Applicant, and appearing and commenting was Gordon Margulieux, and the City Council having received the transmittal to agencies and having received the conditional use application for time extension application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to -wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW — PAGE I OF 5 AND ORDER OF DECISION GRANTING A TIME EXTENSION (CUP -00-008) FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 — January 4, 1994 and Maps. 2. The requirements of Idaho Code §§ 67-6509, 6516 and §§ 11-2-416 E and 419 D as evidenced in the record of this matter. 3. The property is located at 4100 W. Talamore, Meridian, Idaho. 4. The Lessee of record of the subject property is Cherry Lane Recreation, Inc. of Meridian. 5. Applicant is Lessee of record. 6. The subject property is currently zoned R-4 (Low Density Residential). The zoning district of R-4 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2C. 7. The proposed application requests a conditional use permit for time extension of temporary clubhouse during construction and for construction of a new clubhouse. The R-4 zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development FINDINGS OF FACT AND CONCLUSIONS OF LAW — PAGE 2 OF 5 AND ORDER OF DECISION GRANTING A TIME EXTENSION (CUP -00-008) Ordinance, Section 11-8-1). 8. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 9. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 10. The granting of the requested time extension will not be detrimental to the public's welfare or injurious to other property in the area of the proposed use, and, in fact, the development will be in accordance with the conditions of approval. 11. The applicant paid the fee established by the City Council for application for a time extension for the conditional use permit. CONCLUSIONS OF LAW 1. The City of Meridian has authority pursuant to the enactment of the Local Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by the provisions of Idaho Code § 67-6512 to provide as part of its zoning ordinance for the process of applications for conditional use permits. 2. The City of Meridian has exercised its authority of Idaho Code § 67-6512 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in the Meridian City Code. 3. The requirements for the processing of a conditional use permit are set forth FINDINGS OF FACT AND CONCLUSIONS OF LAW — PAGE 3 OF 5 AND ORDER OF DECISION GRANTING A TIME EXTENSION (CUP -00-008) in Idaho Code § 62-6512 and Meridian City Code §§ 11-17. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. That Applicant, Cherry Lane Recreation, Inc., is hereby granted an eight (8) month time extension for the construction of the clubhouse by Cherry Lane Recreation, Inc., and use of a temporary clubhouse for the period of construction. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of an eight (8) month time extension for the conditional use permit for construction of a clubhouse and use of a temporary clubhouse during the period of construction, may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of 2000. FINDINGS OF FACT AND CONCLUSIONS OF LAW — PAGE 4 OF 5 AND ORDER OF DECISION GRANTING A TIME EXTENSION (CUP -00-008) ROLL CALL: COUNCILMAN RON ANDERSON VOTED COUNCILMAN KEITH BIRD VOTED COUNCILPERSON TAMMY deWEERD VOTED COUNCILPERSON CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. Dated: City Cleric ZAWork\M\Meridian 15360M\Cherry Lane Golf Course CUP\TimeExtCUPFfClsOrd FINDINGS OF FACT AND CONCLUSIONS OF LAW — PAGE S OF S AND ORDER OF DECISION GRANTING A TIME EXTENSION (CUP -00-008) RECEIVE]) MAR i 4 2Gn CITY OF 1WRIDIAN BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST ) CASE NO. CUP -00-008 FOR CONDITIONAL USE PERMIT FOR ) TIME EXTENSION OF TEMPORARY ) ORDER GRANTING AN CLUBHOUSE, ) EIGHT (8) MONTH TIME EXTENSION FOR THE CHERRY LANE RECREATION, INC., ) CONSTRUCTION OF INC. ) TEMPORARY CLUBHOUSE APPLICANT. ) This matter coming on regularly before the City Council on the 15`h day of March, 2000, upon the Applicant's time extension application for a six (6) month extension within which to complete the construction of the temporary clubhouse and good cause appearing; IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: The above named Applicant is granted an eight(8) month extended period of time from the date of this Order within which to complete the construction on the clubhouse, and use of a temporary clubhouse during the period of construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW — PAGE 1 OF 2 AND ORDER OF DECISION GRANTING A TIME EXTENSION (CUP -00-008) By action of the City Council at its regular meeting on the 15th" day of March, 2000. DATED this day of , 2000. Mayor Robert D. Corrie Copy served upon the Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. Is City Cleric Dated: ZAWorkW\Meridian 15360KCherry Lane Golf Course CUP\ORDERTimeExt FINDINGS OF FACT AND CONCLUSIONS OF LAW — PAGE 2 OF 2 AND ORDER OF DECISION GRANTING A TIME EXTENSION (CUP -00-008) MARCH 14, 2000 MERIDIAN CITY COUNCIL MEETING: MARCH 15, 2000 APPLICANT: CHERRY LANE RECREATION, INC. AGENDA ITEM NUMBER: REQUEST: CUP FOR TIME EXTENSION OF TEMPORARY CLUBHOUSE AGENCY CITY CLERK: CITY ENGINEER: COMMENTS CUP 00-008 CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED FINDINGS AND ORDER CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: 11]Zelmu k, US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. '� 'RECEzV MAR 1 4 2000 i n t e r o f f ice CITY OF MERIDIAN MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Cherry Lane Recreation, Inc. CUP-00-0(Uime Extension Date: March 9, 2000 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A TIME EXTENSION, pursuant to action of the Council at their March 7, 2000, meeting. The Findings will be on the Council's agenda for their March 15, 2000, special meeting. If Council approves the Findings then please present the attached original of the ORDER GRANTING AN EIGHT (8) MONTH TIME EXTENSION FOR THE CONSTRUCTION OF TEMPORARY CLUBHOUSE to the Mayor for signature, then please serve conformed copies upon the Applicant, Planning and Zoning, Public Works and the City Attorney. msg/ZAWorlc\M\Meridian 15360M\Cherry Lane Golf Course CUP\Cl1-,TimeExt030800.ltr Meridian City Council Meeting March 7, 2000 Page43 Corrie: Motion made and seconded to table the request for preliminary plat until March 21St. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Okay. It looks like most — raise your hands for who is here for the next one. The hour, we may have a little longer than 10:30, so I would like to take a five-minute break and have a discussion with Council and see what they would like to do with the public hearings after 13. We may table those until the 21St. So stick around for just a minute and we'll find out. I'll entertain a motion for a five- minute break. Bird: So moved. DeWeerd: Second. Corrie: Motion made and seconded to take a five-minute break. All those in favor say aye. MOTION CARRIED: ALL AYES (Meeting reconvened at 10:23 p.m.) Corrie: Okay. I'll call the meeting back to order. Let me see a show of hands — anyone here for Item No. 18 on the public hearing? That's the Records East Subdivision. Other than one. Okay. Council, we're going to hear the requests 13, 14, 15, and we're going to hold public hearing 16 and B and 17 until the 21St because those are going to be rather lengthy. Council has a lot of questions on those. Then we'll finish up the others very quickly so we're not here until three o'clock in the morning. So anybody that was here for 16 and 17, we'll hold those the 21St. Okay. Item 13. Public Hearing: CUP 00-008 Request for conditional use permit for time extension of temporary clubhouse by Cherry Lane Recreation, Inc. — 4100 W. Talamore: Corrie: Okay. We're on No. 13 now, the public hearing on the request for conditional use permit for time extension of temporary clubhouse by Cherry Lane Recreation, Inc., 4100 W. Talamore. At this time I'll open the public hearing and hear from staff. Hawkins -Clark: Mayor and Council, I'll simply refer you again to the site here on the screen. I believe you're all familiar with this one. Actually directly apply to the issue of extending the issue of the time extension on this, but I believe there has been submitted for the record a memo from the City Clerk, Will Berg, Meridian City Council Meeting March 7, 2000 Page44 regarding some of the financing issues. Again, here is the location of the temporary clubhouse and the permanent clubhouse. Temporary being here and permanent here. We can't resist showing you the sewer truck either. Thank you. Corrie: Okay. Since this is a public hearing, let me make a comment first. Have you got all the — *** End of Side 3 *** -- three parties, Will? Berg: Mr. Mayor, Members of the Council, I have that agreement in our hands. We are getting it recorded, but all three parties have signed the agreement as of last — whatever the date of my memo was. Thursday or Friday. Corrie: Good. That will cut the time considerably. Okay. It's a public hearing. The developer first. Spink: Mayor, Council, Michael Spink, 101 South Capital Boulevard, Boise, for the applicant. I couldn't possibly know as much about this application as any member on the Council, but I do know that all we're talking about was a request for a change to condition 1.20 in the conditional use permit that was granted Isat summer for an extension for six months. Planning and Zoning Commission recommended approval. The only comment I would have is that we would ask that the extension commence at the point that the Council entered any formal order to that effect. Corrie: Okay. Spink: Any quiestions? Bird: I have none. Corrie: Anyone else like to issue testimony for this conditional use permit request? Okay. Margulieux: My name's Gordon Margulieux. I live at 2040 Interlachen. I guess 1 want to say a little bit longer, I could say good morning, but it's still good evening. I just want to come out right oft the bat and say I am for this extension, I am for the new clubhouse. I would like to see it completed, and so I just want to make that clear. I'd also like to ask what we're voting on, because I'm kind of confused. The letter I received in the mail said that we're voting on the application that was submitted. It was submitted on Decembe 29th of 1999, and although what we're talking about is an extension, what the application is asking for is an extension of six months as soon as the agreement, the letter of credit, the developer has already conceded that he'll accept the letter — the six-month Meridian City Council Meeting March 7, 2000 Page45 extension from the time of your approval which is actually the recommendation of the Planning and Zoning which is different than they had said because their recommendation is that they approve the conditional use permit as requested by the applicant. The applicant requested it from a letter of credit which is still a moot point because their bank has already said that the letter of credit is already there. All we have to do is approve this. But it also covers a conditional — it also modifies the existing one to allow the immediate occupancy of the trailer that's already been there for five months. The trailer which is illegally placed at the new section already was not supposed to be there until the letter of credit was signed. That's already been recognized by the Planning and Zoning in a letter on the 8th of February this year which said that it was there when it wasn't supposed to be there. It wasn't supposed to be there until the letter of credit. It's been there — not only has it been there, but they've been using it, and you can go there tomorrow and have lunch there because they're serving food out of it, too. They have no permit to have it there. We're actually asking not for an extension, though. The conditional use permit ended on the 22nd of January of this year. That's when the seven months ended. I'm not sure if this is really an extension since the conditional use permit has already expired. But we're asking not what the City Council had agreed to back in early July, actually late June, was seven months. They had asked for six. They were given seven, and they said they would have it out in seven months. It's been two months since it's expired, a month and a half ago. So, actually what they're asking for is an eight month extension of a deadline that they were given already which makes it a total of 13 months that they were working out there when they said they were only taking six and you gave them seven. So I'm not quite sure what we're voting on. Are we voting on an extension on something that's already expired? Are we voting on a six-month extension or an eight-month extesnion? Are we voting for the applicant's request of the extension from the day of the letter of credit or as the recommendation, the real recommendation which is in the minutes of Planning and Zoning which is to delay it — to have it extend from the day of your approval. So I'm not sure what we're voting on. The reason I'm concerned about it is when I read the agreement, I read the agreement that you guys signed at Council — signed for the bank, and one thing that concerns me is that although you agree on certain things, there is no dollar amount listed over there. So you're basically signing an almost blank check over there because what it is, it's for improvements, capital improvements which we were told back when they asked for the conditional use permit that the money to build a house was there. The only thing they needed was a loan for the letter of credit. This agreement says that it's for — that the money can be borrowed on not just the letter of credit, but also on capital improvements. So it's not $500,000. It could be a lot more. Whatever it takes, because we don't know. That's a private business. So those are the types of things that I'm concerned about. What are we voting on? I'd like to see it clarified a little bit. Just where we sit in this whole thing. Any questions? Bird: I have none. Meridian City Council Meeting March 7, 2000 Page46 Margulieux: Thank you very much. Corrie: Any one else? Okay. There's applicant want to say anything after that? very quickly. Spink: No comment. no one else testifying? Does the Probably hear what the motion will be Anderson: I would make a motion that we close the public hearing. Bird: I would second that. Corrie: Motion made and seconded to close the public hearing. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: I'll entertain a motion — let me state something first. We've got the letter of credit ready to give to us, been signed, the agreement has been signed, Cherry Lane has signed their part of it, City has signed their part of it, bank has signed their side. Cherry Lane wants to get going with this clubhouse, last I heard it was, and we do, too. They've got to have a place to have people come out there while they're bulding it, so I would ask the Council to kind of take that into consideration when you make your motion and put this thing to bed once and for all, and let's get on with it and get it (inaudible). Bird: Mr. Mayor. I'll try to make a motion that will be acceptable, I hope. I move that we extend the conditional use permit for the extension of the temporary clubhouse at Cherry Lane Recreation, Inc., for eight months, and in that same time maybe we'll have the new one up and running within eight months. Anderson: I second that. Corrie: Thank you. Motion is made to extend the conditional use permit to include the temporary clubhouse to be for eight months at which time the clubhouse will be built and the temporary clubhouse will be gone. I added that. guess I shouldn't take liberties. Okay. Any discussion? DeWeerd: Mr. Mayor, just a point of clarification, that eight months would be after the official signing of the extension? Bird: After the enact — when they get their building permits. Corrie: It'll be March 21St when we vote on (inaudible) MARCH 3, 2000 CUP 00-008 MERIDIAN CITY COUNCIL MEETING: MARCH 7 2000 s. - APPLICANT: CHERRY LANE RECREATION, INC. AGENDA ITEM NUMBER: REQUEST: CUP FOR TIME EXTENSION OF TEMPORARY CLUBHOUSE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED P&Z MINUTES SEE ATTACHED RECOMMENDATIONS OTHER: Materials presented at public meetings shall become property of the City of Meridian. rL, fig 31 � MEMORANDUM CITY OF MERIDIAN CITY CLERK'S OFFICE TO: Mayor & City Council FROM: William G. Berg, Jr. DATE: Friday, March 3rd, 2000 RE: City Council Meeting Agenda Item #13 — PIH for CUP 00-008 by Cherry Lane Recreation. This afternoon I received the completed and signed agreement with the City of Meridian, Cherry Lane Recreation, Inc. and Idaho Independent Bank. This agreement which was approved by the City Council on February 1, 2000 will be recorded and documents copied to the above mentioned parties. Meridian Planning anr", 'oning Commission February 8, 2000 Page 13 Borup: All in favor? MOTION CARRIED: ALL AYES Hatcher: Mr. Chairman, I motion that we recommend approval to City Council for Anna Kukay for daycare group with 6 to 12 kids in an R-8 zone at 2512 E. Clarene. Barbeiro: I second the motion. Borup: All in favor? MOTION CARRIED: ALL AYES 4. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR TIME EXTENSION OF TEMPORARY CLUBHOUSE BY CHERRY LANE RECREATION, INC. -4100 W. TALAMORE: Borup: I'd like to open the public hearing. Brad do we have a staff report. Hawkins Clark: Mr. Chairman, Commissioner's there was a staff report prepared this evening by Shari Stiles which should have been at your location on the desk and if the applicant does not have one, we should be able to get that. This is the location here, general vicinity for the clubhouse. The reason this is before you to night is this application as you may recall, came through several months ago END OF SIDE ONE Hawkins Clark: by the City Council that the temporary clubhouse, which is currently located here, the site where they proposed a new clubhouse is here just to the south below it. Here is Talamore Blvd., Black Cat is located over here further. There was a time placed on the applicant by the City Council that this be dealt with—[ believe it was 6 months and the letter before you states more clearly, but they are needing to amend the conditional use permit because they did not meet the 6 month time frame requirement. Since the City Council placed the condition not the Commission earlier, it is probably something that the City Council will need to address specifically. Because of the process of amending a conditional use permit that forces it to come before you. So if you do have any other issues or conditions you certainly put those on at this time. The only reason it is before you (inaudible) from the earlier conditional use permit is due to the time frame—failure to meet that. The elevations are here, same as the previous application for the new clubhouse. This is the temporary clubhouse photo here. Forgive the sewer truck in front of it. That is all I have. Borup: Any questions for Brad? Do we have a representative for the applicant here? Miss Butler. ,`1� rM. Meridian Planning ana )ning Commission February 8, 2000 Page 14 Butler: Thank you Commissioner's. JoAnne Butler. 101 South Capitol Blvd., representing Cherry Lane Recreation. What I have handed you, just for your reference is a copy of page 14, the Findings of Fact and Conclusions of Law that the City Council ultimately did adopt, including condition of approval 1.20, which sets a time frame for use of the temporary clubhouse and a letter dated September 15, 1999 from the building official in which outlines some facts that we applied for our building permit. This was granted by the building official, but resented the next day because of a notice from the Zoning Administrator that all of the conditions of the conditional use permit had not yet been satisfied and so they were asking that the building work not proceed. The City did cash that check the following week and we are assuming that interest is accruing on that. With regard to the issues here. You know that the conditional use permit was granted. During the summer we have been working with the City since that time, the City or we were asked to provide a letter of credit. In fact a letter of credit was provided to the City, but it was provided to the City contingent upon the City signing a deed of trust. That ensued a lot of discussion because the City did not want to get involved with that. It is a fairly standard commercial requirement from lenders, but the City asked that that not happen and several months of negotiations on an agreement in lieu of a deed of trust ensured. That kept us from getting the final letter of credit to the City. Last week, the agreement that was drafted was signed or approved by the City and is being circulated for signature. As staff pointed out, and we thank them for their staff report. As staff pointed out this ultimately have to go to the council. We think that we will be there by probably March 7th, so by that time the final agreement signed by everybody will allow the bank to issue that letter of credit. We think we will be able to meet that. What we are asking tonight, because of the delay caused by the commercial needs of the bank to support the project and give the City the comfort it needed that it could step into our shoes if we did not perform in building the clubhouse, because of that delay we are asking that—we are really asking that you readopt 1.20, not change it at all. By the time there is a modified order at the City Council, and I know they gave us an extra 6 months but (inaudible) If you wanted to make that 6, that is fine to. That would provide the time it would take to complete the construction. However, I would ask this of the Commissioner's and staff. I am making this request for the modification believing the only thing that is outstanding for the building official to issue the building permits is that the City receives a letter of credit and that there is no other thing outstanding that will hold us up. If we could just get that clarified for us tonight that would be really helpful and I think with that the City can be very comfortable with that time frame. If there are no other questions I will reserve a few minutes for rebuttal in case anyone else has any questions. Borup: Any questions for Miss Butler. Mr. Barbeiro. Barbeiro: Mr. Chairman, Miss Butler you were here for the May 9th meeting? Butler: No, no. In fact I have only been representing Cherry Lane Recreation for about a month now. Meridian Planning ano ming Commission February 8, 2000 Page 15 Barbeiro: As I recall and the Chairman may recall this too, that meeting was contentious and the room was full of people. It was quite hostile as I recall. Quite an entry as my first month as a planning Commissioner. One of the requirements that the neighbors adamantly insisted upon was if they do not follow through in the time frame that you have set, please do not renew their lease. As I went back through those minutes, it was listed over and over again by neighbor after neighbor. Can you please explain why this needs to be done because I am reading so many different things, I need a simple step by step why it has not been completed and whose fault is this. Butler: I think I can answer you as to why the time frame and I will try to do it real succinctly I actually have a chronology that I constructed for myself. If you like, I will refer to it, but if not let me do this real succinctly. There was the conditional use and you have that in a partial page of this, in which it was required that a letter of credit be given to give the City come comfort that the clubhouse would be done. If that condition of approval had not been placed on there, requiring us to get you a letter of credit that was satisfactory to the bank, satisfactory to the City and satisfactory to the City's tenant, this would have been completed. But, we had to comply with this conditional of approval. A letter of credit was provided to the City along with a request by ---and Jerry Madison from Idaho Independent Bank is here too and any bank questions, I will let him fill in. He may be able to help you with a little too. So, a letter of credit was provided to the City, along with a cover letter saying, the letter of credit was contingent upon the City signing a leasehold deed of trust, thereby giving the bank some security that if we should default in absconding with money for example-- not getting the clubhouse done, that the bank would have the ability to step in as a tenant and complete those improvements and deal with the City. The City though, from my perspective as a commercial attorney, that to me would have been fairly straight forward. However, the City did not see it that way. Barbeiro: What you are saying is the banks condition was that if the lessee did not follow through with this that the bank would then take over their lease without question and the City would accept that. Butler: Not without question. I don't know what all the terms of the deed of trust. There is obviously requirements for notice and so on, but in any event, your attorney looked at that deed of trust and said I don't like this format. I would rather we enter into a separate agreement—he representing the City that was his recommendation to the City, that we City enter into a different agreement that gives me, the attorney, the comfort that l can tell you yes, it is appropriate to sign this agreement so that everybody has the comfort that the money will get repaid. That the clubhouse will get completed and the City will have the project that it wanted. It was that negotiation between the bank the City that took up several months worth of time. To get to the point, the City had an agreement that the Council felt—got the advice from its Council that it could sign. That is where that time frame came from. Am I answering your— Barbeiro: Much clearer thank you Meridian Planning and ning Commission February 8, 2000 Page 16 Borup: Do we have anyone here from the public who would like to testify on this application. Grant: Commission members, my name is Jim Grant. I reside at 3979 W. Harbor Point Drive. I attended the City Council meeting last Tuesday night when they approved the agreement between the City of Meridian, Cherry Lane Recreation, Inc. and the Independent Bank. I understood that the Mayor signed it the following day. When all of the parties have signed and the building permit is issued, I also understand that Cherry Lane Inc. is prepared to begin construction of the new clubhouse. It is my belief that Planning and Zoning Commission needs to recommend to the City Council approval of a conditional use permit or renewal of the old one, whatever is appropriate, to allow occupancy, and water and sewer connects the temporary clubhouse with an extension of time to allow the temporary clubhouse to say in place until the permanent new clubhouse is complete. I assume that extension would be for 6 or 7 months—what ever is necessary with City Council approval. I wish to go on record as favoring such an affirmative recommendation by the Planning and Zoning Commission to the City Council. Thank you. Borup: Any questions for Mr. Grant? Anyone else. Margulieux: My name is Gordon Margulieux. I live at 2040 Interlachen in Meridian. Good evening Commissioner's. Actually I want to say right off the bat that I am for an extension. I am looking forward to a permanent clubhouse, even though I don't golf. I do see two issues here and I am not sure if they need to be separate. One is a violation of the agreement you had all ready which is the placement of the temporary clubhouse. The first one is the extension that we are talking about. Let me cover that first because the letter I saw that the golf club has submitted to you asks for –it is looking for an extension for of 6 months to construct a new clubhouse to complete the parking lot, to begin as soon as the agreement of letter of credit can be reached and permit to build can be reinstated. I am sure the reinstatement can happen overnight, but it is this letter of credit which they still don't have and is pending upon what you guys decide and what the City Council decides. What that does is let it open ended. The reason why it is stated as it is in the agreement that it is 7 months and they originally asked for 6 the City Council or the Planning and Zoning Commission Commissioner's gave them a extra month. They asked right here, I was standing right here, can you do it in 7 months and they said yes we can do it in 7 months. I remember Mr. (inaudible) standing here and saying I am ready to go. Let's go. You guys are holding me up. 7-1/2 months because it is all ready expired. This request was given on the 22nd of June and so it is all ready 7-1/2 months and it is going to be another month and a half before it gets through the— with the Findings of Fact and Conclusions of Law that the City Council will want to do. We are talking not a 6 month extension. I think we ought to be true about this thing here. We are not looking for a 6 months extension, we are looking for a 8 month extension. We are all ready—the trailer has all ready been there for 5 months so we are talking about what they promised the people in the Subdivision 7 months max on that eyesore. Now we are talking over a year that it is going to be there at the best, because what is going to happen is that something falls through on the line of credit, �-.. .y. Meridian Planning and ._..ming Commission February 8, 2000 Page 17 they could say we'll just wait. They don't have to do anything. So the condition I'd like to have I'd like to see it change to 6 months from extension period. Not conditional upon the line of credit. Then I'd like to say—so that is the first one, the second one is this not having the line of credit. The third one I'd like to say that by the time you guys decide , you decide, and the time the City Council gets together, I'd like to see something firmer from the bank that says yes, we will under these conditions, I do that when I bought my house, I said I am going to make this offer but I am going to make it contingent upon certain thing. I want to make sure that we have something firmer. That, yes indeed, on the 22nd of March which is 2 weeks for Findings of Fact and Conclusions of Law after the City Council meeting, that they can sign it and be ready to go. Let's make sure that it is in place. Otherwise, that trailer may be out there for years. The third one is that any conditional use permit that comes about for the trailer which the lawyer never talked about here, you haven't even addressed that part of it yet. The extension on that, put the water and plumbing in there, that permit should be conditional upon giving the approval. Now, I know my time is getting short, so I just want to—I talked to the City Clerk yesterday. The City Clerk gave me a real interesting thing. He said officially the trailer is not there because Wally did not move it or the golf club did not move it. The trailer isn't there. I am going to ask you to bear with me while I tell you a little story. I wake up in the morning and I look outside my window and there is a brand new shinny red Porsche out there. I go out there and I look and there is keys in it. I say I don't know what that Porsche came from but it really looks nice. I go back inside and getting all ready and I look in the paper and sure enough there is a picture of the exact Porsche that had been stolen the night before. I don't tell anybody. I did not put it there. Later on, a couple weeks later I open the door and sit in the Porsche and boy it really feel nice. A couple more weeks later I maybe turn on the key. A month later I pop in there and I drive it around. Am I less of a car thief? I am not calling anybody a thief. Am I less—have I done anything that I shouldn't have done? I did not put the car there but I am using it. Well, Wally or Cherry Lane Recreation did not put that clubhouse there but they violated their agreement. They were not suppose to have it there until after the agreement of credit is signed. Five months later. Not only is it fair but they are using it. You can go there and eat a sandwich there tomorrow morning. The worst part about it no matter what you guys decide here tonight, tomorrow morning Wally or one of his employees will go down there, open that clubhouse door and start doing business out of something that is in violation of agreement that he agreed to at this council meeting. That is what I have to say. I will add one other thing. The deed of trust was not an agreement that the City Council or Planning and Zoning Commission had agreed to in their original (inaudible). The fact that the bank and Cherry Lane Golf course has come up and said, (Inaudible) is not a blame I see on the City part. Who builds a house if they first don't count the costs. I stood here and heard them say, I am ready to go, just give me a chance. Any questions? Borup: Thank you. Any one else? Commissioner's. Scott: Hello, I am John Scott, 1844 N. Bing Avenue. I am here on behalf I guess Meridian High School and for myself. I feel that Cherry Lane does need an extension of time because they have been more then generous to take our school in and provide to 1—N, a1 Meridian Planning and ening Commission February 8, 2000 Page 18 their best of ability, adequate housing for our golf team and if they were able to have an extension of time in order to build a clubhouse, we might be able to host State there sometime or something like that that would make it more of an enhanced facility for the sport that I love and I would like to share and build upon with other people. That will be it. Hatcher: I would like to request that Jerry with IIB come forward and give us a quick synopsis of where this letter of credit and agreement is at as far as the bank status. And, is Cherry Lane, Inc. ready to more forward. Mattison: Thank you Commissioner's. Jerry Mattison, 1892 W. Hendricks Ct. here in Meridian. Could you ask me that question again. Hatcher: What I would like to know is from 1113's standpoint, where does Cherry Lane, Inc. stand with the letter of credit and the agreements with the City. Basically we've got a 3 way contract here. Mattison: As was stated earlier, there was actually a letter of credit all ready presented to the City. That was done 6 months ago. I can't remember. We were certainly ready to do it at that time and would be willing to do it again. The condition at that time was in Idaho to do an assignment of a lease—the proper way of doing it is by filing what is called a leasehold deed of trust—in which we prepared and presented to the City's Attorney for review. I have had, since I presented it to him for his review, I have visited with him 3 different times about that and he never had a problem with it until it come to the day that the City was to sign it. At that time he had a problem and said, no we don't want to sign it. Then we had to get into this long drawn out—basically it got down to the City Attorney, the bank attorney and Cherry Lane Golf Courses attorney to hash out an agreement. That took a number of months to get done. Hatcher: There is an agreement reached? Mattison: The agreement was agreed to last Tuesday night. Now what we need is the clarification of how time we have to get this thing done. We obviously don't want to issue a letter of credit putting us on the hook for finishing it, if it has to be finished by the end of January this year, because that isn't going to happen. We are willing to do the letter of credit if we have the time to get the thing built. Borup: Any other questions for Mr. Mattison? The letter of credit take—what are you saying? One day? Mattison: It would probably take more then one day to be honest with you. I'd say 3 or 4. Again, we want a condition --on like a building permit being issued-- if they will issue the building permit upon receipt of the letter of credit. Borup: So seven months is what you feel comfortable with? Meridian Planning ana fining Commission February 8, 2000 Page 19 Mattison: That is excellent. Borup: Or 6 or.. Mattison: That is more up to the builders. That is a question to ask them. I think 6 or 7 would do it. Borup: I think Mr. Lovin at the last meeting said 3 or 4 construction time and he left himself a couple of months for -- Thank you. Anyone else before we move on. Miss Butler, do you have some concluding remarks? Butler: Just briefly. I just wanted to say that we appreciate the frustration level of Mr. Margulieux. Although not involved, looking back through the correspondence I can tell everybody was a little frustrated with the time that everything was taking. We do agree with what he came up with in terms of not so he has the comfort that this is not open ended. That it is a six month extension from the date that the Council makes its final determination and order which is approximately the 22nd of March. We will assume that the only thing that we have to do is get that letter of credit to the City so that we can pull that building permit unless we hear otherwise. In which case I hope there is nothing else because we don't want to be asking for any more extensions. Thank you. Borup: Let me clarify. You just mentioned 6 months. Butler: I did just talk to the contractor and asked if 6 months after Mr. Margulieux had said he would prefer to have —would that work for the contractor and he said yes. Borup: Six months after our City Council approval. Thank you. Commissioner's. Do we wish to keep this hearing open. Norton: I move the public hearing be closed. Barbeiro: I'll second the motion. All in favor. MOTION CARRIED: ALL AYES Borup: Okay, we are ready for a motion. Any discussion first? It appears that the applicant is asking 6 months from the time of City Council approval. I don't know why we can't make a motion to that. As it was stated earlier by Brad this thing is going to have to be finalized at City Council no matter what we do. Essentially, we can make any kind of recommendation that we want. No body wants to make a motion? Hatcher: Mr. Chairman, (Inaudible) to say I think everybody involved with this project wants to see it moved forward. They are tired of seeing temporary trailers sit out there for 12 years. The only way that this project is going to be able to move forward is for this extension to occur. To give this extension another 6 months, do we —we thought we had a guarantee 6 months ago and we are right back to where we are again. Are Meridian Planning ana ening Commission February 8, 2000 Page 20 we going to see this whole thing come back 6 months from now? That is my biggest concern. If there was any way that we could extend this with adequate conditions, it's a go. It is the bottom of the 9th. Let's get this thing done and over with and move on. I don't know what type of conditions we could recommend to City Council that would –1 don't want to tie one hand behind their back, but yet at the same time a little pushing or kick in the butt to push this thing forward I think is appropriate. Borup: I think it took them longer in the preliminary stages. But the building—obviously the plans are done. The building permit has been applied for. They have written the permit check. They are ready to go on that aspect. It's been testified that the letter of credit is ready to be issued. It has been testified the letter was issued—even though, and that might be one sided testimony but by that testimony they complied 6 months ago. It's the City the one that causes delay. I think we need to move this forward. We have spend too much time on this all ready. I would like to move this on to City Council and let them get it taken care of. Hatcher: I recommend that we make a motion for approval to the City Council for extension of the conditional use permit for Cherry Lane Recreation, for 6 months from City Council approval and to include staff comments. Norton: I second it. Borup: Motion and second, any discussion? All in favor? MOTION CARRIED: 3 AYES 1 NAY Borup: We are going to take a 5 minute break before Item number 5. 5. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR PROPOSED OFFICE BUILDING AND TOWNHOUSES IN AN LO AND R-8 ZONE (5 ACRES) BY CENTERS CONSTRUCTION—WEST SIDE OF LOCUST GROVE Y4 MILE NORTH OF FAIRVIEW AVENUE: Borup: I'd like to now open the public hearing on this item and hear the staff report. Hawkins Clark: Commissioner's this item before you has last month come before you for annexation and zoning. You recommended approval for the R-8 zone for this 5 acre piece. It will be going before the City Council for another public hearing for the annexation and zoning component next week on February 15. This is the first on the plat itself. We do request that the January 31 staff comments by Steve Siddoway and Bruce Freckleton be incorporated. The plat is here. Locust Grove Road runs here on the eastern boundary. The site is bounded on all sides by existing development. This is a county sub to the south. To the north to west and to the east are all ready annexed into the City limits. We would consider this because it had an in fill project. They are proposing to take the entrance on the very south boundary here on the project. The front piece here, that lot is proposed to be zoned and was recommended LO, limited WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW Re: Application Case No.CUP-00-008 FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: 1. That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and 2. That you carefully complete (be sure it is legible) the Position Statement if you disagree with the Findings and kecommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you prepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. ff that is not possible, please present your. Position Statement to the City Council at the hearing, along with eight (8) copies. The copies will be presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of agroup, it is stron 1y recommended that one Position Statement be filled out for the group, which can be signe4 by the representative for the group. Very truly yours, i City Attorney's Office —g/Z:\WorkWIWleridian 15360M\PLANNING AND ZONING FILE\PZPo tionStat—ent.Ltr 200 EAST CARLTON AVENUE, SUITE 31 NAMPA OFFICE JULIE KLEIN FISCHER PHILIP A. PETERSON POST OFFICE BOX 1150 104 NINTH AVENUE SOUTH WM. E GIGRAY, III BRENT JOHNSON STEPHEN L. PRUSS ERIC S. ROSSMAN MERIDIAN, IDAHO 83680-1150 POST OFFICE BOX 247 IDAHO NAMP 0247 D. SAMUEL JOHNSON TODD A. ROSSMAN TEL (208) 288-2499 TELL (208) 4666.9272.9272 WILLIAM A. MORROW DAVID M. SWARTLEY FAX (208) 288.2501 FAX (208) 466-4405 WILLIAM F. NICHOLS* TERRENCE R. WHITE" CHRISTOPHER S. NYE Email via lnte t @Wfg@WPPmg.com �CE *ALSO ADMITTED IN OR **ALSO ADMITTED IN WA February 22, 2000 PLEASE REPLY TO MERIDIAN OFFICE MAR - 1 2000 To: Staff CITY OF MERIDM Applicant Affected Property Owner(s) Re: Application Case No.CUP-00-008 FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: 1. That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and 2. That you carefully complete (be sure it is legible) the Position Statement if you disagree with the Findings and kecommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you prepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. ff that is not possible, please present your. Position Statement to the City Council at the hearing, along with eight (8) copies. The copies will be presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of agroup, it is stron 1y recommended that one Position Statement be filled out for the group, which can be signe4 by the representative for the group. Very truly yours, i City Attorney's Office —g/Z:\WorkWIWleridian 15360M\PLANNING AND ZONING FILE\PZPo tionStat—ent.Ltr BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR TIME EXTENSION OF TEMPORARY CLUBHOUSE CHERRY LANE RECREATION, INC. Applicant Case No. CUP -00-008 RECOMMENDATION TO CITY COUNCIL 1. The property is located at 4100 W. Talamore, Meridian, Idaho. 2. The owner of record of the subject property is Cherry Lane Recreation, Inc. of Meridian. 3. Applicant is owner of record. 4. The subject property is currently zoned R-4 (Low Density Residential). The zoning district of R-4 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2C. 5. The proposed application requests a conditional use permit for time extension of temporary clubhouse. The R-4 zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT —CHERRY LANE RECREATION, INC. — TIME EXTENION OF TEMPORARY CLUBHOUSE 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant for six months subject to approval of City Council. ey/Z:\Work\M\Meridian 15360M\Cheny Lane Golf Course CUP\CUPrimeExt.Rec RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT --CHERRY LANE RECREATION, INC. TIME EXTENION OF TEMPORARY CLUBHOUSE MERIDIAN PLANNING & ZONING MEETING: February 8, 2000 APPLICANT: CHERRY LANE RECREATION INC. ITEM NUMBER: 4 REQUEST: CUP FOR TIME EXTENSION OF TEMPORARY CLUBHOUSE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT. CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTEWATER DEPT: SEE COMMENTS CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: C✓ NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 01-21-00 U9:47 MERIDIAN WASTEWATER ID=2088540744 PU2/04 -- HUB OF TREASURE VALLEY r. Mayor ROBERT D, CORRIE A Good Place to Lige LEGAL DEF4,RTMENT (208) 2SS•2499 • Fux 288.2501 Ci[y Council Mkmbcm CITY OF MERIDIAN PUBLIC WORKS CHARLFS ROUNTRE.E 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY NILRIDIAN, IDAHO 33642 (2118) 887-2211 • Fax o"o7-1297 RON ANDERSON (208) 888-4433 • For (208) 887-4813 PLANNING AND "ZONING KEITFI BIRD City Clerk Fax (208) 888-4218 DEPARTMENT 12081 884.5533 - Fac 887.1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Janua 21 2000 TRANSMITTAL DATE: January 10, 2000 HEARING DATE- February 8, 2000 FILE NUMBER: CUP -00-008 REQUEST: CONDITIONAL USE PERMIT FOR TIME EXTENSION OF TEMPORARY CLUBHOUSE BY: CHERRY LANE RECREATION, INC. LOCATION OF PROPERTY OR PROJECT: 4100 W. TALAMORE KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C E, C/C KEITH BIRD, C/C Y, C/C `}G1fATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER REcErvED JAN 2 1 2000 CITY OF MERIDIAN JAN 21 '00 09:48 2088840744 PAGE.02 "-*N Meridian City Council Meeting February 1, 2000 Page 3 one thing, Mr. Bird. On Item C and the dog license agreement — do you want to — we don't need to pull it. We discussed it earlier. Bird: Are we going to take that — I'm sorry. If Mr. Anderson will accept this (inaudible) second. Item C, the dog license agreement, I would like to take back into Item 10C to discuss in the Regular Agenda if that's agreeable to Mr. Anderson's second. Anderson: Sure. Corrie: The correction is noted. Any further discussion? Roll -call vote: Mr. Anderson, aye; Mrs. McCandless, aye; Mr. Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT ___> Item 1. Update on Cherry Lane Recreation, Inc., by JoAnne Butler: Corrie: Okay. The Regular Agenda, Item 1 is update on Cherry Lane Recreation, Inc., by JoAnne Butler. JoAnne. Butler: Mr. Mayor, Council members, JoAnne Butler, 101 South Capital Boulevard representing Cherry Lane Recreation. With me here tonight is Wally Lovan, Nancy Link, Tad Holloway, Jennifer Lovan-Holloway, and on behalf of Idaho Independent Bank, Jerry Madison. As the Council knows, we've been in the process of constructing a clubhouse at the golf course. Cherry Lane received a conditional use for this purpose last summer. Just by way, for the Council so that you know, one of the conditions of approval reflected in that conditional use permit and also reflected in the agreement that's before you tonight was not actually the condition of approval that the Council deliberated on if we looked at the Council minutes of June 15th, and we assume that was just a drafter's mistake. Anyway, that is one of the reasons that is why we are going back before your P & Z next week, actually, for a modification of that particular conditional use permit in connection with some timeframes, and that's next week. That's not why we're here today. Tonight we're just here to review the agreement for Cherry Lane that has been under discussion by your attorney, Idaho Independent Bank and Cherry Lane. The agreement is there to provide the bank with the comfort it needs to give Cherry Lane the loan to construct the clubhouse, and the agreement is there to provide the City with the comfort that it needs to be able to step into borrowers' shoes and complete that work if it should ever have to. We have just asked the counsel through your attorney to make a slight modification to that agreement, and I think your counsel's passed that out. Under the agreement, the conditional use permit is a defined term. It just references your file number, and we just added that it's a conditional use permit as may be amended from time to time just to reflect the fact that we're in that process now in coming to the City over the next month or so to request an Meridian City Council Meetin, February 1, 2000 Page 4 amendment. If that happens, then, obviously, the permit would reflect that amendment. I think — not to put words into Mr. Madison's mouth, the bank is in agreement with the slight modification. I would hope the City is, too. If so, we're asking that the City approve the agreement, and we'll get it signed and go on. Just on a practical note, if the Council does decide to approve the agreement as slightly amended, could you just explain to us the process: when does the City sign it? When should we come to pick it up to circulate it for signatures ourselves so that we could in turn get it back to the City? With that, if there are no questions or if there are any questions, I'll be glad to answer them and Jerry Madison can as well if you have any. Bird: I have none. Corrie: Council, questions? McCandless: I have none. Anderson: Mr. Mayor, I have none. Corrie: I guess to answer your question, if the Council does approve the request for the agreement, I don't think (inaudible) problem as far as the City signing it; what is your time schedule, do you know how long it's going to be for the other two to sign? Butler: Unless the — we talked to the Bank's attorney. I think unless it has to go to the Bank outside of Meridian, and I'm not sure of that, but I think it could be signed within just a few days. Corrie: Okay. Council, do you have any problem with the addition of "as may be amended from time to time" on Item 2.1? Anderson: Mr. Mayor, I'd just like to ask our legal counsel whether that would be appropriate language or whether that would cause us any problems. Nichols: Councilman Anderson, Mayor and Council, the proposed amendment simply avoids the necessity of coming back with an addendum or an amendment to this agreement if you happen to grant an amendment to the conditional use permit. You're not obligated to, you're not presupposing the facts that are going to come before you on that amendment. It's just simply clean-up, if you will, that because there is a pending amendment to the CUP that you don't have to come back in and authorize the change to this agreement. As a further note, we can have this amended language and the agreement ready for pickup tomorrow if you so approve it. Corrie: Any other questions? Meridian City Council Me^� February 1. 2000 Page S Bird: I have none. Item 1A. Agreement between the City of Meridian, Idaho Independent Bank and Cherry Lane Recreation, Inc.: Corrie: Okay. Item 1A which would be the agreement. If everyone is satisfied with the agreement as it's read with the addition of the words "as may be amended from time to time" in Condition 2. 1, I'll entertain a motion. Bird: Mr. Mayor, I move that we approve the agreement with Cherry Lane Recreation, Inc., and the Idaho Independent Bank with the one addition on 2.1 under definitions, Page 3 at the end is "as may be amended from time to time" and for the Mayor to sign and the Clerk to attest. McCandless: Second. Corrie: Okay. Motion is made by Mr. Bird, seconded by Mrs. McCandless to approve the agreement between the City of Meridian, Idaho Independent Bank and Cherry Lane Recreation, Inc., with the addition of definitions, Item 2.1, adding the words after CUP 99-009, "as may be amended from time to time." Is there any further discussion? Bird: I have none. McCandless: I have none. Corrie: Okay. With that, I'll take roll -call vote; Roll -call vote: Mr. Bird, aye; Mr. Anderson, aye; Mrs. McCandless, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Let's just hope that that takes care of this. We've been on this trail for a long time. Glad to see it's come to where it's at. Thank you, JoAnne. We'll have that, like the attorney said, we'll have that tomorrow, and I'll sign it, and the bank can sign it, and the Clerk can sign it, and we'll be all set to go. Thank you for your time and patience. It's a long haul. Item 2. Ordinance No. 855: AZ 99-016 Request for annexation and zoning to I -L for Ten Mile Mini Storage by Ed Bews — west of Ten Mile and north of Ustick Road: Corrie: Item 2 is an Ordinance; request for annexation and zoning of I -L for Ten Mile Mini Storage by Ed Bews, west of Ten Mile and north of Ustick Road. At this time, I'll ask the City Clerk to read Ordinance — what Ordinance No. is it, Mr. Clerk? Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD MEMORANDUM: -a-, .-v HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (208) 884-4264 PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 (208) 887-2211 Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT (208) 88=4-»33 To: Planning & Zoning Commission/Mayor & Council r -- From: Shari Stiles, P&Z Administrator February 8, 2000 Re: Request for Modification of Conditional Use Permit for Temporary Clubhouse by Cherry Lane Recreation, Inc. A conditional use permit for the temporary clubhouse as it existed at the end of Interlachen was granted on March 15, 1982. As the property upon which the temporary clubhouse set was not owned by the Applicant or the City, and the new clubhouse location was in an area zoned R-4, which does not allow for such uses, a conditional use permit was required for relocation of the temporary clubhouse and construction of the new clubhouse. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. The conditional use permit recently granted required that a letter of credit be submitted to the City to guarantee completion of the permanent clubhouse in a timely manner. The letter of credit was to be submitted prior to moving the temporary clubhouse. This was not done. Agreement between Idaho Independent Bank and the City of Meridian in regard to terms of the letter of credit had not been reached. Following is the comment included in the staff report dated May 7, 1999: "12. A maximum time frame (no more than six months) needs to be established for allowing the temporary clubhouse. Prior to moving of the temporary clubhouse, a letter of credit or cash should be received by the City of Meridian as a guarantee for completion of the permanent clubhouse and parking lot." Staff believes that a maximum time frame and the letter of credit conditions need to remain, although the particulars may be altered. As the Applicant has requested a modification of the terms of the conditional use permit, the process to modify those comments is the same as for the initial application. P&Z may make recommendations to the City Council regarding the Applicant's request; however, the main issues of this request are more appropriately handled at the City Council level. �RCV BY:XeroxLLTelecopier 70?.3: 2— 4-00 ; 2:08PM MOFFATT THOMAS;# 2 kOBERT D. CORRIE CITY OF MERIDIAN Mazur PUBLICWORKS :Nht LEMH6FL PUBLIC / BUILDING DEPARTMENT CHARLES M. ROI `TRl:l'. GLENN R. HI=fVTLL1 GARY D. SMITH. P.E. RON ANDERSON Public Works Director KITH BIRD December 15, 1999 RECEP" Mr. Wally Lovan, President FEB — b 2000 Cherry Lane Recreation, Inc. Y M 3415 W. Cherry Lane Meridian, Id. 83642 RE: Clubhouse Building Permit Dear Mr. Lovan: The issuance of the building permit for the Golf Course Clubhouse 12/]4/99 was done in error. 1 was mistaken that all conditions of the Conditional Use Permit had been satisfied. Item 2.19 of the Order of Conditional Approval of Conditional Use Permit for Cherry Lane Recreation, Inc, states that "Certificate of Zoning Compliance and Occupancy must be issued prior to any use of the property" The City Planning Zoning Administrator has not issued such a certificate for the club house and will not until the issues with the temporary clubhouse are resolved. with the Meridian City Council. Uniform Building Code Section 303(c) Validity of Permit. The issuance or granting of a permit or approval of plans, specifications and computations shall not be construed io be a permit for, or an approval of, any violation of any of the provisions of this code or of any ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. UBC Section 303(e) Suspension or Revocation. The building official may in writing, suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any provisions of this code. You are hereby notified that your building permit is suspended until such time that 1 receive notification from the Zoning Administrator that all conditions of the Conditional Use Permit have been satisfied. No work shall proceed without a valid permit and no inspections shall be requested. Daunt Whitman Building Official City of Meridian cc: Zoning Administrator City Engineer City Attorney File 200 East Carlton, Suite !00 • Meridian, Idahn 83642 Phone (208) 887-2211 - Fax (208) x17.1217 RECEIVED FE 8 - a 2000 CM OF MER 1.16 Coordinate locations and construction requirements of trash <� enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for building permits. 1.17 Handicapped accessible parking spaces and associated signage shall be constructed in accordance with the Americans with Disabilities Act. 1.18 Applicant shall provide a letter of approval from Nampa -Meridian Irrigation District for trees shown within their easement for the Eight Mile Lateral. 1.19 Certificates of Zoning Compliance and Occupancy must be issued prior to any use of the property. 1.20 The temporary clubhouse shall be used for a period not to exceed seven (7) months from the date of this order. Prior to moving of the temporary clubhouse, a letter of credit or cash shall be received by the City of Meridian as a guarantee for completion of the permanent clubhouse and parking lot in the amount of Five Hundred Thousand and No/100ths 00,000.00) Dollars. 1.21 The basement of the building shall be provided with a fire sprinkler system in conformance with the Uniform Fire Code. 1.22 Additional water hydrants shall be installed and operational prior to any construction. 1.23 Applicants shall satisfy all fire code requirements. 1.24 Run-off is not to create a mosquito breeding problem. 1.25 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 14 1.16 Coordinate locations and construction requirements of trash enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for building permits. L 17 Handicapped accessible parking spaces and associated signage shall be constructed in accordance with the Americans with Disabilities Act. L 18 Applicant shall provide a letter of approval from Nampa -Meridian Irrigation District for trees shown within their easement for the Eight Mile Lateral. 1. 19 Certificates of Zoning Compliance and Occupancy must be issued prior to any use of the property. 1.20 The temporary clubhouse shall be used for a period not to exceed seven (7) months from the date of this order. Prior to moving of the temporary clubhouse, a letter of credit or cash shall be received by the City of Meridian as a guarantee for completion of the permanent clubhouse and parking lot in the amount of Five Hundred Thousand and No/100ths 00,000.00) Dollars, 1.21 The basement of the building shall be provided with a fire sprinkler system in conformance with the Uniform Fire Code. 1.22 Additional water hydrants shall be installed and operational prior to any construction. 1.23 Applicants shall satisfy all fire code requirements. 1.24 Run-off is not to create a mosquito breeding problem. 1.25 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 14 CP CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT DISTRICT Environmental Health Division rn H EA LT H Rete❑ Boise DEPARTMENT Eagle Rezone Rezone # RE,"CF❑ Garden City ' ional Use # Ll — (f)O 00 Meridian ❑eri una Preliminary / Final / Short Plat elTy x ❑ ACZ �C AfI. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ b. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ❑ 14. Date: -7 a Reviewed By:�1.f/s�r CDHD 10/91 rrb, rev. 1/91 Review Sheet j?FCE1V-E,'D JAN 2 4 2000 CITY OF NEIZIDIAN �r�ia & �l2e�zidlact lzzlgatladt ?»idtriict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 January 20, 2000 Phones: Area Code 208 OFFICE: Nampa 466-7861 Will Berg, City Clerk SHOP: Nampa 466-0663 Meridian Planning & Zoning Commission 33 East Idaho Meridian, ID 83642 Re: CUP -00-008 Time extension for temporary clubhouse for Cherry Lane Recreation, Inc. Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: din Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 -.1 NUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 City Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT (208)884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 21, 2000 TRANSMITTAL DATE: January 10, 2000 HEARING DATE: February 8, 2000 FILE NUMBER: CUP -00-008 REQUEST: CONDITIONAL USE PERMIT FOR TIME EXTENSION OF TEMPORARY CLUBHOUSE BY: CHERRY LANE RECREATION. INC. LOCATION OF PROPERTY OR PROJECT: 4100 W. TALAMORE KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C E, C/C KEITH BIRD, C/C Y, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) BUILDING DEPARTMENT j FIRE DEPARTMENT YOUR CONCISE REMARKS: / POLICE DEPARTMENT 01 1 CITY ATTORNEY 4zuiro-.-K- r .pr a✓ CITY ENGINEER CITY PLANNER; REGEIvED JAN 18 2000 CITY OF MERIBIAN WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 21, 2000 TRANSMITTAL DATE: January 10, 2000 HEARING DATE: February 8, 2000 FILE NUMBER: CUP -00-008 REQUEST: CONDITIONAL USE PERMIT FOR TIME EXTENSION OF TEMPORARY CLUBHOUSE BY: CHERRY LANE RECREATION. INC. LOCATION OF PROPERTY OR PROJECT: 4100 W. TALAMORE KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C E, C/C KEITH BIRD, C/C Y, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) JAN 19 2000 CITY OF RE hIDLAN HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT City Council CITY OF MERIDIAN (208) 288-2499 - Fax 288-2501 Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 587-2211 - Fax 887-1297 RON ANDERSON (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Fax ( Clerk 208) 888-4218 DEPARTMENT (208) 884-5533 - Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 21, 2000 TRANSMITTAL DATE: January 10, 2000 HEARING DATE: February 8, 2000 FILE NUMBER: CUP -00-008 REQUEST: CONDITIONAL USE PERMIT FOR TIME EXTENSION OF TEMPORARY CLUBHOUSE BY: CHERRY LANE RECREATION. INC. LOCATION OF PROPERTY OR PROJECT: 4100 W. TALAMORE KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C E, C/C KEITH BIRD, C/C Y, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) JAN 19 2000 CITY OF RE hIDLAN HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 •Fax 288-2501 City Council CITY OF MERIDIAN Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT (208)884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 21, 2000 TRANSMITTAL DATE: January 10, 2000 HEARING DATE: February 8, 2000 FILE NUMBER: CUP -00-008 REQUEST: CONDITIONAL USE PERMIT FOR TIME EXTENSION OF TEMPORARY CLUBHOUSE BY: CHERRY LANE RECREATION, INC. LOCATION OF PROPERTY OR PROJECT: 4100 W. TALAMORE KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C E, C/C KEITH BIRD, C/C Y, C/C 1l AT-ER�DEPAR.T.MEMT& SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER ji ,JAN 19 2000 CITY OF MERIDIAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS:��/� NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on March 7, 2000, for the purpose of reviewing and considering the application of Cherry Lane Recreation, Inc., for a conditional use permit for time extension of temporary clubhouse generally located at 4100 West Talamore. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 11th day of February, 2000. PUBLISH February 18th and March 3rd, 2000 WILLIAM G. BERG, JR.,41TY CLERK ,`ttgtMif9litl/1111/' of: + 11• ORA r SEAL = 111rlrttitt �tsltN>� 25N_ ?! 32 8 0 19 2J2 1 232 j L2 PAX 2 10 qk� 7 6 CHERRY LANE RECREATION PROPERTY OWNERS WITHIN 300' (CUP) MERIDIAN CITY OF BURTON PAUL W & 33 E IDAHO AVE BURTON DIANE MERIDIAN ID 83642-2631 4001 W TETER ST N BLACK CAT RD MERIDIAN ID 83642-0000 N TURNBERRY WAY W HARBORPOINT DR VREELAND AL & VREELAND GEORGIA C STEINER DEVELOPMENT LLC PO BOX 870 SUITE #B MERIDIAN ID 83680-0000 ATWATER CA 95301-0000 4045 W TETER 5T N BLACK CAT RD N INTERLACHEN WAY HALL JEFFREY M W HARBORPOINT DR ELAM DANIELLE M 3985 W TETER ST WILLIAMS DANIEL R & MERIDIAN ID 83642-0000 WILLIAMS MARY LOU 3881 W TETER ST VILLARREAL REYES MERIDIAN ID 83642-0000 VILLARREAL VERONICA 4077 W TETER PERKINS SYLVESTER O & MERIDIAN ID 00008-3642 PERKINS MARGARET R 3913 W TETER ST BU5HONG FAMILY TRUST MERIDIAN ID 83642-3979 4042 W HARBOR POINT MERIDIAN ID 83642-0000 PATTER50N DANA L & PATTER50N RONDA J TUCKER DAVID M & 3935 W TETER ST TUCKER SHIPLEY J MERIDIAN ID 83642-0000 4014 W HARBOR POINT DR MERIDIAN ID 83642-0000 FLYNN RICHARD D & FLYNN MARILYN RONG MARY JANE AND 3967 N TETER HAMON BARBARA J MERIDIAN ID 83642-0000 3998 W HARBOR POINT DR MERIDIAN ID 83642-0000 MADISON DOUGLAS R & MADISON OPAL COX MARGARET JUNE 4017 W TETER ST 3980 W HARBOR POINT DR MERIDIAN ID 83642-0000 MERIDIAN ID 83642-0000 �/o20/OD G��t WOOD RICHARD D & ASCHENBRENNER LEONARD A & WOOD E COLLEEN F NADINE 3966 W HARBOR POINT DR 2498 N CROOKED CREEK WAY MERIDIAN ID 83642-0000 MERIDIAN ID 83642-0000 MAFFETT JAMES W NEW CONCEPTS DEVELOPERS INC 3934 W HARBOR POINT DR 310 E FRANKLIN MERIDIAN ID 83642-0000 MERIDIAN ID 83642-0000 GILBERT ROBERT D & 4015 W HARBOR POINT DR FARNHAM T JERALD & FARNHAM ELEANOR M SANDS ROGER A & 4074 W HARBOR POINT DR SANDS CLAIRE R MERIDIAN ID 83642-0000 3997 W HARBOR POINT DR MERIDIAN ID 83642-0000 SCHOOLER MARK D 3844 HARBORPOINT DR GRANT JAMES & MERIDIAN ID 83642-1077 GRANT DORIS 3979 W HARBOR POINT DR GILBERT ROBERT D & MERIDIAN ID 83642-1102 GILBERT LYNN 4040 W COLUMBIA BROCKMAN RUTH B & MERIDIAN ID 83642-0000 BROCKMAN DEAN R 3864 HARBORPOINT DR 3965 W HARBORPOINT DR MERIDIAN ID 83642-0000 SMITH MILTON DWAIN & SMITH KAREN K GROSS JOHN C & 3912 HARBORPOINT DR &ROSS CATHY J MERIDIAN ID 83642-1081 4043 W HARBOR POINT DR MERIDIAN ID 83642-0000 FICA JAMES W & FICA MARY JO BARNEY MARY R 3834 HARBORPOINT DR 2030 SCIOTO PL MERIDIAN ID 83642-1077 MERIDIAN ID 83642-1071 3933 W HARBOR POINT DR FISTER WALLACE E & FISTER SUSAN M NEWCOMB PAUL B & 2514 CROOKED CREEK NEWCOMB JODEE A MERIDIAN ID 83642-0000 3837 HARBORPOINT DR MERIDIAN ID 83642-1078 WILLIAMS LARRY D & WILLIAMS CYNTHIA L MCGREW DENNIS L & 3824 HARBORPOINT DR MCGREW NANCY J MERIDIAN ID 83642-1077 3911 HARBORPOINT DR MERIDIAN ID 83642-1082 2 KNUDSEN D J & M J LIFE ESTATES BRIGHTON CORPORATION KNUDSEN D J & M J TRUST 12426 W EXPLORER DR STE 220 4075 W HARBOR POINT DR BOISE ID 83713-1560 MERIDIAN ID 83642-0000 W TALAMORE BLVD N CROOKED CREEK LN 2422 N CROOKED CREEK LN KLEFMAN G D & R05EMARIE TRUST 2410 N CROOKED CREEK LN KLEFMAN G D & ROSEMARIE TR5TEE 2374 N CROOKED CREEK LN 2491 N SEA COVE WAY 2390 N CROOKED CREEK LN MERIDIAN ID 83642-1084 2382 N CROOKED CREEK LN PETERSON DORAN & ELLEN TRUST MCCREA RUSSELL D & FIRST SECURITY BANK ID TRUSTEE MCCREA CATHY 5 3827 HARBORPOINT DR 3757 HARBORPOINT DR MERIDIAN ID 83642-1078 MERIDIAN ID 83642-1076 GRS CONSTRUCTION INC BOISE RESEARCH CENTER INC 3515 W PINE AVE 12426 W EXPLORER DR STE 220 MERIDIAN ID 83642-0000 BOISE ID 83713-1560 2476 N CROOKED CREEK WAY N BLACK CAT RD MCCABE JOHN W & HOWELL NANCY A & MCCABE ALICE L HOWELL RONALD H 3817 HARSORPOINT DR 2396 N CROOKED CREEK LN MERIDIAN ID 83642-1078 MERIDIAN ID 83642-0000 LEMA NATALIO & FULWOOD HILLARD W JR & LEMA JEANINE H FULWOOD WILMA D 3738 HARBORPOINT DR 3840 W SEA ISLAND CRT MERIDIAN ID 83642-1000 MERIDIAN ID 83642-0000 ASHFORD GREENS OWNRS ASSOC INC TIMM LEROY W SUITE #220 PO BOX 234 BOISE ID 83713-1560 MERIDIAN ID 83680-0234 N CROOKED CREEK WAY 3737 HARBORPOINT DR N CROOKED CREEK LN W TALAMORE BLVD HASENYAGER GLEN D & HASENYAGER RUTH M BARNETT BYION K 3830 SEA ISLAND CT 3807 HARBORPOINT DR MERIDIAN ID 83642-1074 MERIDIAN ID 83642-0000 GIBBS LORIN C & REGAN BEVERLY P GIBBS HOLLIE J 3728 HARBORPOINT DR 3820 SEA ISLAND CT MERIDIAN ID 83642-1000 MERIDIAN ID 83642-1074 3 BOLAND GLEN & AGUILAR ESTHER BOLAND DOREEN 2133 TURNBERRY WAY 3855 SEA ISLAND CT MERIDIAN ID 83642-1049 MERIDIAN ID 83642-1075 MERIDIAN ID 83642-1050 NEW YORK NY 10019-4932 ASH JIMMIE R & PAGE DAVID D & ASH MARLENE E PAGE JACQUIE L 2145 TURNBERRY WAY 3810 SEA ISLAND CT MERIDIAN ID 83642-1049 MERIDIAN ID 83642-1074 2050 INTERLACHEN WAY 3815 SEA ISLAND CT LINGEL DWAYNE M & FAWLEY LESTER CRAIG & LINGEL STACIE C FAWLEY SUSAN ANN 2153 TURNBERRY WAY 3780 SEA ISLAND CRT MERIDIAN ID 83642-1049 MERIDIAN ID 83642-0000 4 RICE JOSEPH M SCHULZ USTO E & 2180 TURNBERRY WAY SCHULZ DIANA G MERIDIAN ID 83642-0000 65 W 55TH ST APT MERIDIAN ID 83642-1050 NEW YORK NY 10019-4932 KINDALL BRYAN J & 3845 W SEA ISLAND CRT KINDALL ROBIN L 3840 WOODMONT DR MORIN GEORGE E & MERIDIAN ID 83642-1031 MORIN MARY J 2050 INTERLACHEN WAY 3815 SEA ISLAND CT ASTLEY LARRY O & MERIDIAN ID 83642-1075 ASTLEY GAIL E 2129 TURNBERRY WAY SHIELDS PAUL R & MERIDIAN ID 83642-1049 SHIELDS SUZANNE M 3835 W SEA ISLAND CT CROOKSTON WAYNE JR & MERIDIAN ID 83642-0000 CROOKSTON CONNIE J PO BOX 427 MIZER DAVID H & GLADYS I TRUST MERIDIAN ID 83680-0427 3765 SEA ISLAND CT 2125 N TURNBERRY WAY MERIDIAN ID 83642-1073 4 TALBERT KEITH AND TUNNICLIFF TRENT R & TALBERT SUSAN K TUNNICLIFF STACY 2121 TURNBERRY WAY 14135 W BATTENBERG CT MERIDIAN ID 83642-1050 BOISE ID 83713-1241 3825 W SEA ISLAND CRT ROHOLT JON D & BERRY LEONARD MATT & ROHOLT JENNIFER L BERRY DORIS L 2050 INTERLACHEN WAY 2137 TURNBERRY WAY MERIDIAN ID 83642-1011 MERIDIAN ID 83642-1049 4 YOUNG DOUGLAS E & YOUNG SUSAN A 2071 TURNBERRY WAY MERIDIAN ID 83642-1052 MARGULIEUX GORDON L & MARGULIEUX FRANCES 2040 INTERLACHEN WAY MERIDIAN ID 83642-1011 YOUNGQUIST GARY J 2060 INTERLACHEN WAY MERIDIAN ID 83642-1011 FRANCO CHRISTOPHER J & FRANCO JULIE A 2030 INTERLACHEN WAY MERIDIAN ID 83642-1011 WALKER PAMELA K 2845 BEACON AVE EMMETT ID 83617-9603 2024 N INTERLACHEN WAY ROWLEY HELEN F 2023 N TURNBERRY WAY MERIDIAN ID 83642-0000 BLAKESLEE STEVEN N 2020 INTERLACHEN WAY MERIDIAN ID 83642-1011 RECORDS STANLEY & RECORDS GLADYS 2013 TURNBERRY WAY MERIDIAN ID 83642-1052 HOFFMAN FRED 2003 TURNBERRY WAY MERIDIAN ID 83642-1052 61 ** TX CONFIRr . ,ON REPORT ** DATE TIME TO/FROM 05 02/08 12:28 2083855384 Fca To: AS OF FEB 08 oO 12:32 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 03152" 008 135 OK FTam: City of Meridian Phone: (2C)8) 88&4433 EXT- 210 Fax: (208) 888-4218 Fax: %j��j 53 � Oate: �`od Phone: Page Re:(�n 0 %r -O LAP e, cc ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle -Comments: 7 a u r te a» CD w N) o f" 2 \c §§; \3 cr CD D v �& a } CD :. � CD# CD 7 Z } \ k k -n/ O k M. 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I. V1vc nu. IDENTIFICATION NO. 208-888-4433 82-6000225 f -R I GYo1Qn-rir CHERRY LANE RECREATION, INC. ADDRESS 4200 W. TALAMORE MERIDIAN, ID 83642 TELEPHONE NO. IDENTIFICATION NO. 208-888-4080 82-0344330 CREDIT 50004 This Letter of Credit shall expire upon the earlier of: the close of business on OCTOBER 1 2000 and all drafts and accompanying statementsor documents must be presented to Lender on or before that time; or 2. the day that Lender honors a draw under which the full amount of this Letter of Credit is drawn. Lender indicated above ("Lender") hereby establishes at the request and for the account of Customer an Irrevocable Letterof Credit in favor of Beneficiary for a sum or sums not exceeding the aggregate amount ofFIVE HUNDRED THOUSAND AND NO/100 _ Dollars ($ 500, 000 00 ) These funds shall be made available to Beneficiary against Lender's receipt from Beneficiary of drafts drawn at sight on Lender at its address indicated above (or such other address that Lender may provide Beneficiary with written notice of in the future) during regular business hours and accompanied by the signed written statements or documents indicated below. WARNING TO BENEFICIARY: PLEASE EXAMINE THIS LETTER OF CREDITAT ONCE. IF YOU FEEL UNABLE TO MEET ANY OF ITS REQUIREMENTS, EITHER SINGLY OR TOGETHER, YOU SHOULD CONTACT YOUR CUSTOMER IMMEDIATELY TO SEE IF THE LETTER OF CREDIT CAN BE AMENDED. OTHERWISE,YOU WILL RISK LOSING PAYMENT UNDER THIS LETTER OF CREDIT FOR FAILURE TO COMPLY STRICTLY WITH ITS TERMS AS WRITTEN. DRAFT TERMS AND CONDITIONS Lender shall honor the drafts submitted by Beneficiary under the following terms and conditions: SEE ATTACHMENT "A" Upon Lender's honor of such drafts and payment to the Beneficiary, Lender, once the full amount of credit available under this Letterof Credit has been drawn, shall be fully discharged of its obligations under this Letterof Credit and shall not thereafterbe obligated to make any further payments under this Letterof Credit in respect of such demand for payments to Beneficiary or any other person. If a non -conforming demand is made, Lender shall notify Beneficiary of its dishonor on or before the time mentioned in Section 5 below. Beneficiary shall have no recourse against Lender for any amount paid under this Letterof Credit after Lender honors any draft or other document which complies strictly with this Letterof Credit, and which on its face appears otherwise in order but which is signed, issued, or presented by any party or under the name of any party purporting to act for Beneficiary, purporting to claim through Beneficiary, or posing as Beneficiary. By paying to Beneficiary an amount demanded in accordance with this Letterof Credit, Lender makes no representation as to the correctness of the amount demanded and Lender shall not be liable to Beneficiaryor any other person for or in respect to any amount so paid or disbursed for any reason whatsoever, including, without limitation, any nonapplication or misapplication by Beneficiary of the proceeds of such payment. By presenting upon Lender or a confirming bank, Beneficiary certifies that Beneficiary has not and will not present upon the other, unless and until Beneficiary meets with dishonor. Beneficiary promises to return to Lender and confirm any funds received by Beneficiary in excess of the Letter of Credit's maximum drawing amount. 2. USE RESTRICTIONS All drafts must be marked "DRAWN UNDER IDAHO INDEPENDENT BANK MARCH 7 2000IRREVOCABLE LETTER OF CREDIT NO 50004 and the amount of each draft shall be marked on the draft. Only Beneficiary or Beneficiary's Transferee(only if transferable) may complete a draft and accompanying statementsor documents required by this Letter of Credit and make a draw under this Letter of Credit. This original Letter of Credit must accompany any draft drawn hereunder. Partial draws [Al are permitted ❑ are not permitted under this Letter of Credit. Lender's honor of a partial draw shall correspondingly reduce the amount of credit available under this Letterof Credit. Following a partial draw, Lender shall return this original Letter of Credit to Beneficiary with the partial draw noted thereon; in the alternative, and in its sole discretion, Lender may issue a substitute Letter of Credit to Beneficiary in the amount shown above less any partial draw(s). I. PERMITTED TRANSFEREES ❑ This Letter of Credit may be transferred by Beneficiary upon providing Lender with prior written notice of the transfer. The Transferee shall be deemed the new Beneficiary of this Letter of Credit and the documents of the Transferee, including drafts required under this Letter of Credit, are to be processed by Lender (or any intermediary) without the original Beneficiary's intervention and without any further responsibility on Lender's part to the original Beneficiary. The right to draw under this Letter of Credit shall be nontransferable, except for: A. A transfer (in its entirety, but not in part) by direct operation of law to the original Beneficiary's administrator, executor, bankruptcy trustee, receiver, liquidator, successor, or other representatives at law; and B. The first immediate transfer (in its entirety, but not in part) by such legal representative to a third party after express approval of a governmental body (judicial, administrative, or executive). LP-ID602 © FormAlion Technologies, Inc. (12/17/93) (800) 937-3799 4. TRANSFEREE'S REQUIRED DOCUMENTS When the presenter is a permitted Transferee under paragraph 3 above, the documents required for a draw shall include: A. All documents required elsewhere in this Letter of Credit, except that such documents may be in the name of either the original Beneficiary or the presenter permitted by paragraph 3; and B. When the presenter is a permitted Transferee under paragraph 3.A or a third party under 3.13, a certified copy of the one or more documents which show the presenter's authority to claim through or to act with authority for the original Beneficiary. 5. TIMING OF DISHONOR Under no circumstances shall Lender be precluded from relying upon any reason for dishonor given in a communication which Beneficiary or the presenter receives within three (3) Banking Days after Lender has received the last document forming part of Beneficiary's presentment (the "Three-DayPeriod"). Lender shall be entitled to rely upon any such reason without regard to either (i) the timing of any presentment made before the Expiry Date, or (ii) the timing inside the Three -Day Period of any preliminary communication(s) from Lender concerning the dishonor decision itself or any reason for dishonor. For any such reason so given during the Three -Day Period, Lender shall be conclusively deemed to have met the "reasonable time", "without delay", and other timing requirements as the UCP (as hereafter define) may impose. The Expiry Date shall not be extended to accommodate a presentment made with less than three (3) Banking Days to go before the Expiry Date, and Beneficiary shall not be entitled to submit a draw request or provide Lender with any documents in support of a draw after the expiration date hereof. Nor shall Lender ever be required to communicate a dishonor decision or its reasons within a time less than the Three -Day Period. "Banking Day" shall mean any day on which commercial banks located in the state of Lender's address are either not authorized or are not required to close. 6. COMPLIANCE BURDEN Under no circumstances shall Lender be held responsible for any impossibility or other difficulty in achieving strict compliance with the requirements of this Letterof Credit precisely as written. Beneficiary understands and acknowledges: (i) that unless and until the present wording of this Letter of Credit is amended with Lender's prior written consent, the burden of complying strictly with such wording remains solely upon Beneficiary; and (ii) that Lender is relying upon the lack of such amendment as constituting Beneficiary's initial and continued approval of such wording. 7. NON -SEVERABILITY If any aspect of this Letterof Credit is ever declared unenforceable for any reason by any court or governmental body having jurisdiction, Lender's entire engagement under this Letter of Credit shall be deemed null and void ab initio, and both Lender and Beneficiary shall be restored to the position each would have occupied with all rights available as though this Letter of Credit had never occurred. This non -severability provision shall override all other provisions in this Letter of Credit, no matter where such provision appears within the Letter's body. 8. CHOICE OF LAW/JURISDICTION The Uniform Customs and Practice for Documentary Credits, 1993 Revision, ICC Publication No. 500, (hereaftercalled the "UCP") shall in all respects be deemed a part hereof as fully as if incorporated herein and shall apply to this Letterof Credit. This Agreement shall be governed by and construed in accordance with the laws of the State of IDAHO United States of America, except to the extent such laws are inconsistent with the UCP. Lender and Beneficiary consent to the jurisdiction and venue of any court located in the State of IDAHO in the event of any legal proceeding under this Letter of Credit. 9. EXPIRY Lender hereby agrees with Beneficiary that drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored if presented to the Lender on or before the Expiration Date. Dated: MARCH 7, 2000 LENDER: ID O INDEPE ANT QIC BY: - ER I TITLE: VI PRESIDENT & MANAGER ENDORSEMENT OF DRAFTS DRAWN: Amount Amount Date Negotiated By In Words In Figures LP-ID602 © FormAtion Technologies, Inc. (12/17/93) (800) 937-3799 IDAHO INDEPENDENT BANK Irrevocable Letter of Credit No. 500004 Attachment "A" Beneficiary's statement purportedly signed by an authorized individual certifying the following: A) Cherry Lane Recreation, Inc. has failed to substantially complete construction of the permanent clubhouse and parking lot as per plans and specifications submitted to the City of Meridian under the building permit application dated August 18, 1999. B) Statement to identify the exact items not satisfactorily completed and an estimate of the related expense to complete. C) Completion of these items has previously been demanded of Cherry Lane Recreation, Inc. Drafts will not exceed the remaining cost to complete the clubhouse and parking lot per the plans and specifications referenced above. Furthermore, and as an additional limitation to that set forth in the preceding sentence, the maximum aggregate amount of this letter of credit, which is in the initial maximum amount of $500,000.00 shall be reduced by all sums advanced by lender to Customer under that certain Variable Rate Commercial Revolving or Draw Note made of even date herewith in the original principal sum of $500,000.00. .•. interoffice MEMORANDUM To: William G. Berg, Jr. ;' F E B - 2 2000 From: Marlene St. George( Subject: City of Meridian/ Date: February 2, 2000 Will: Pursuant to the February 1, 2000, Council meeting, an addition to the Agreement has been added. Therefore, please note on page 3 at 2.1 in the last line the new language added after Case No. CUP -99-009, "as may be amended from time to time". The Agreement is now ready to obtain all the necessary signatures, and therefore, after all the signatures have been obtained, and the recording, (or a memorandum of the Agreement [at page 8 Section 9.8], please send a conformed copy to the City Attorney's office. If you have questions please advise. msg/Z:\Work\M\Meridian 15360M\Cherry Lane Estates\Berg020200.Mem Meridian City Council Meeting" February 1, 2000 Page 3 one thing, Mr. Bird. On Item C and the dog license agreement — do you want to — we don't need to pull it. We discussed it earlier. Bird: Are we going to take that — I'm sorry. If Mr. Anderson will accept this (inaudible) second. Item C, the dog license agreement, I would like to take back into Item 10C to discuss in the Regular Agenda if that's agreeable to Mr. Anderson's second. Anderson: Sure. Corrie: The correction is noted. Any further discussion? Roll -call vote: Mr. Anderson, aye; Mrs. McCandless, aye; Mr. Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Item 1. Update on Cherry Lane Recreation, Inc., by JoAnne Butler: Corrie: Okay. The Regular Agenda, Item 1 is update on Cherry Lane Recreation, Inc., by JoAnne Butler. JoAnne. Butler: Mr. Mayor, Council members, JoAnne Butler, 101 South Capital Boulevard representing Cherry Lane Recreation. With me here tonight is Wally Lovan, Nancy Link, Tad Holloway, Jennifer Lovan-Holloway, and on behalf of Idaho Independent Bank, Jerry Madison. As the Council knows, we've been in the process of constructing a clubhouse at the golf course. Cherry Lane received a conditional use for this purpose last summer. Just by way, for the Council so that you know, one of the conditions of approval reflected in that conditional use permit and also reflected in the agreement that's before you tonight was not actually the condition of approval that the Council deliberated on if we looked at the Council minutes of June 15th, and we assume that was just a drafter's mistake. Anyway, that is one of the reasons that is why we are going back before your P & Z next week, actually, for a modification of that particular conditional use permit in connection with some timeframes, and that's next week. That's not why we're here today. Tonight we're just here to review the agreement for Cherry Lane that has been under discussion by your attorney, Idaho Independent Bank and Cherry Lane. The agreement is there to provide the bank with the comfort it needs to give Cherry Lane the loan to construct the clubhouse, and the agreement is there to provide the City with the comfort that it needs to be able to step into borrowers' shoes and complete that work if it should ever have to. We have just asked the counsel through your attorney to make a slight modification to that agreement, and I think your counsel's passed that out. Under the agreement, the conditional use permit is a defined term. It just references your file number, and we just added that it's a conditional use permit as may be amended from time to time just to reflect the fact that we're in that process now in coming to the City over the next month or so to request an Meridian City Council Meeting February 1, 2000 Page 4 amendment. If that happens, then, obviously, the permit would reflect that amendment. I think — not to put words into Mr. Madison's mouth, the bank is in agreement with the slight modification. I would hope the City is, too. If so, we're asking that the City approve the agreement, and we'll get it signed and go on. Just on a practical note, if the Council does decide to approve the agreement as slightly amended, could you just explain to us the process: when does the City sign it? When should we come to pick it up to circulate it for signatures ourselves so that we could in turn get it back to the City? With that, if there are no questions or if there are any questions, I'll be glad to answer them and Jerry Madison can as well if you have any. Bird: I have none. Corrie: Council, questions? McCandless: I have none. Anderson: Mr. Mayor, I have none. Corrie: I guess to answer your question, if the Council does approve the request for the agreement, I don't think (inaudible) problem as far as the City signing it; what is your time schedule, do you know how long it's going to be for the other two to sign? Butler: Unless the — we talked to the Bank's attorney. I think unless it has to go to the Bank outside of Meridian, and I'm not sure of that, but I think it could be signed within just a few days. Corrie: Okay. Council, do you have any problem with the addition of "as may be amended from time to time" on Item 2.1? Anderson: Mr. Mayor, I'd just like to ask our legal counsel whether that would be appropriate language or whether that would cause us any problems. Nichols: Councilman Anderson, Mayor and Council, the proposed amendment simply avoids the necessity of coming back with an addendum or an amendment to this agreement if you happen to grant an amendment to the conditional use permit. You're not obligated to, you're not presupposing the facts that are going to come before you on that amendment. It's just simply clean-up, if you will, that because there is a pending amendment to the CUP that you don't have to come back in and authorize the change to this agreement. As a further note, we can have this amended language and the agreement ready for pickup tomorrow if you so approve it. Corrie: Any other questions? Meridian City Council Meeting February 1, 2000 Page 5 Bird: I have none. Item 1A. Agreement between the City of Meridian, Idaho Independent Bank and Cherry Lane Recreation, Inc.: Corrie: Okay. Item 1A which would be the agreement. If everyone is satisfied with the agreement as it's read with the addition of the words "as may be amended from time to time" in Condition 2.1, I'll entertain a motion. Bird: Mr. Mayor, I move that we approve the agreement with Cherry Lane Recreation, Inc., and the Idaho Independent Bank with the one addition on 2.1 under definitions, Page 3 at the end is "as may be amended from time to time" and for the Mayor to sign and the Clerk to attest. McCandless: Second. Corrie: Okay. Motion is made by Mr. Bird, seconded by Mrs. McCandless to approve the agreement between the City of Meridian, Idaho Independent Bank and Cherry Lane Recreation, Inc., with the addition of definitions, Item 2.1, adding the words after CUP 99-009, "as may be amended from time to time." Is there any further discussion? Bird: I have none. McCandless: I have none. Corrie: Okay. With that, I'll take roll -call vote; Roll -call vote: Mr. Bird, aye; Mr. Anderson, aye; Mrs. McCandless, aye. MOTION CARRIED: THREE AYES, ONE ABSENT Corrie: Let's just hope that that takes care of this. We've been on this trail for a long time. Glad to see it's come to where it's at. Thank you, JoAnne. We'll have that, like the attorney said, we'll have that tomorrow, and I'll sign it, and the bank can sign it, and the Clerk can sign it, and we'll be all set to go. Thank you for your time and patience. It's a long haul. Item 2. Ordinance No. 855: AZ 99-016 Request for annexation and zoning to I -L for Ten Mile Mini Storage by Ed Bews — west of Ten Mile and north of Ustick Road: Corrie: Item 2 is an Ordinance; request for annexation and zoning of I -L for Ten Mile Mini Storage by Ed Bews, west of Ten Mile and north of Ustick Road. At this time, I'll ask the City Clerk to read Ordinance — what Ordinance No. is it, Mr. Clerk? I',- el"� January 26, 2000 f?oc 6 " 7'0 MERIDIAN CITY COUNCIL MEETING: FEBRUARY 1, 2000 APPLICANT: AGENDA ITEM NUMBER: D REQUEST: AGREEMENT BETWEEN THE CITY OF MERIDIAN, IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC. AGENCY COMMENTS CITY CLERK: SEE ATTACHED AGREEMENT CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: CSC Materials presented at public meetings shall become property of the City of Meridian. .ti less than the amount of liability provided under the State of Idaho Tort Claims Law presently codified at I.C. § 6-926, or as it may be amended in the future with Meridian being designated on said insurance coverages as a co-insured. 1.5 WHEREAS Bank and Cherry Lane are agreeable to the consideration required by Meridian 2. DEFINITIONS: 2.1 Conditional Use Permit: means and refers to that certain Conditional Use Permit which was issued by the City of Meridian to Cherry Lane Recreation, Inc., an Idaho Corporation for the construction, use and maintenance of a Golf Course Clubhouse, Parking Lot and Temporary Clubhouse at 4200 Talamore Blvd, Meridian Idaho in City of Meridian Case No. CUP -99-009, as may be amended from time to time. a 2.2 Meridian: means and refers to the City of Meridian, a municipal corporation having as its principle address 33 E. Idaho, Meridian, ID 83642. 2.3 Bank: means and refers to the Idaho Independent Bank, an Idaho corporation with its principle address at 317 N. 9' Ave., Boise, ID 83702. 2.4 Cherry Lane: means and refers to Cherry Lane Recreation, Inc., an Idaho corporation with its principle offices at 4200 W. Talamore, Meridian ID 83642. 2.5 Agreement of Lease: means and refers to that certain Agreement of Lease by and between Meridian and Cherry Lane dated October 3, 1978. 2.6 Leasehold Deed of Trust: means and refers to that Certain Leasehold Deed of Trust by and between Bank and Cherry Lane which secures the Bank's loan to Cherry Lane in the leasehold interest of Cherry Lane to the Agreement of Lease. 2.7 Golf Course: means and refers to the golf course which has been developed and is the subject of the Agreement of Lease. AGREEMENT - Page 3 AGREEMENT Parties: City of Meridian Idaho Independent Bank and Cherry Lane Recreation, Inc. THIS AGREEMENT is made and entered into this day of , by and between the City of Meridian, Idaho, a municipal corporation, hereinafter referred to as "City", and Idaho Independent Bank, and Idaho corporation, hereinafter referred to as "Bank", and Cherry Lane Recreation, Inc., and Idaho corporation. 1. RECITALS: 1.1 WHEREAS the City of Meridian has issued a conditional use permit to Cherry Lane Recreation, Inc. for the Golf Course Clubhouse, Parking Lot and Temporary Clubhouse at 4200 Talamore Blvd., Meridian, Idaho; and 1.2 WHEREAS the Conditional use permit contains the following condition: "1.20 The temporary clubhouse shall be used for a period not to exceed seven (7) months from the date of this order. Prior to moving of the temporary clubhouse, a letter of credit or cash shall be received by the City of Meridian as a guarantee for completion of the permanent clubhouse and parking lot in the amount of Five Hundred Thousand and No/ 100ths ($500,000.00) Dollars."; and 1.3 WHEREAS, in order to comply with condition 1.20 of the Conditional Use Permit and to construct the improvements permitted by the Conditional Use Permit, Cherry Lane has requested loans and other financial accommodations from Bank which the Bank is willing to provide upon various conditions, which conditions include as security a leasehold deed of trust upon Cherry Lane's lessees' interest in the real property, which is the subject of the Agreement of Lease, and in addition the Bank AGREEMENT - Page 1 requires the City to agree during the term of the leasehold deed of trust that no modifications of the Agreement of Lease be undertaken without the City first notifying the Bank, in writing at least 90 days prior to the effective date of any modification, of the City's intention to modify the Agreement, and that in the event of default by Cherry Lane under the terms of the Agreement of Lease the City would notify the Bank of such default in writing a least 30 days prior to taking any action to enforce any of the City's Rights under the Agreement of Lease, during which time the bank would have the option to cure the default or take such other action as may be necessary to protect the Bank's security interest in the Agreement of Lease; and 1.4 WHEREAS Meridian is willing to enter into such an agreement to provide the Bank such notice only upon the consideration that Cherry Lane agree that the funds received from any loan from the Bank which is secured by the Leasehold deed of trust be used exclusively for capital improvements in the construction of the improvements referenced in the Conditional Use Permit and/or for meeting condition no. 1.20 of the Conditional Use Permit, and that the Bank and Cherry Lane agree that Meridian upon a default of Cherry Lane and foreclosure by the Bank of the Leasehold Deed of Trust shall have the exclusive first option to purchase from the Bank the note and all collateral, in the amount equal to the total amount then owed to the Bank by Cherry Lane together with all costs, expenses, and fees of the Bank which could not be exercised until a time subsequent to the expiration of the Letter of Credit issued by the Bank pursuant to condition no. 1.20 of the Conditional Use Permit; and that in the event of a default and in the event Cherry Lane fails to maintain the golf course Meridian ,upon 7 days prior written notice in the case of imminent peril with risk of loss to fairway or greens, could elect to maintain the golf course and premises to avoid loss of fairway or greens, and to be reimbursed for said reasonable costs only in the event either Cherry Lane or the Bank fails to provide written assurance to Meridian to take steps to prevent such loss, and that the Agreement of Lease be amended to provide that lessee shall provide proof of Casualty loss insurance for a reasonable amount of coverage for replacement of improvements, including sprinkler system, fairway and greens, clubhouse, parking facilities and any and all other improvements thereon and liability insurance in an amount commensurate with the coverage as carried by other 18 AGREEMENT - Page 2 hole golf course facilities which are privately managed in the Ada/Canyon County region of Idaho, and in no event less than the amount of liability provided under the State of Idaho Tort Claims Law presently codified at I.C. § 6-926, or as it may be amended in the future with Meridian being designated on said insurance coverages as a co-insured. 1.5 WHEREAS Bank and Cherry Lane are agreeable to the consideration required by Meridian 2. DEFINITIONS: 2.1 Conditional Use Permit: means and refers to that certain Conditional Use Permit which was issued by the City of Meridian to Cherry Lane Recreation, Inc., an Idaho Corporation for the construction, use and maintenance of a Golf Course Clubhouse, Parking Lot and Temporary Clubhouse at 4200 Talamore Blvd, Meridian, Idaho, in City of Meridian Case No. CUP -99-009. 2.2 Meridian: means and refers to the City of Meridian, a municipal corporation having as its principle address 33 E. Idaho, Meridian, ID 83642. 2.3 Bank: means and refers to the Idaho Independent Bank, an Idaho corporation with its principle address at 317 N. 9th Ave., Boise, ID 83702. 2.4 Cherry Lane: means and refers to Cherry Lane Recreation, Inc., an Idaho corporation with its principle offices at 4200 W. Talamore, Meridian, ID 83642. 2.5 Agreement of Lease: means and refers to that certain Agreement of Lease by and between Meridian and Cherry Lane dated October 3, 1978. 2.6 Leasehold Deed of Trust: means and refers to that Certain Leasehold Deed of Trust by and between Bank and Cherry Lane which secures the Bank's loan to Cherry Lane in the leasehold interest of Cherry Lane to the Agreement of Lease. 2.7 Golf Course: means and refers to the golf course which has been developed and is the subject of the Agreement of Lease. AGREEMENT - Page 3 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 3. INCORPORATION OF RECITALS: 3.1 That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 4. AGREEMENT BETWEEN BANK, CHERRY LANE AND MERIDIAN: The provisions of this section shall be binding upon Bank, Cherry Lane and Meridian as follows: 4.1 During the term of the Leasehold Deed of Trust no modifications of the Agreement of Lease shall be under taken without Meridian first notifying the Bank, in writing at lease 90 days prior to the effective date of any modification, of the City's intention to modify the Agreement of Lease, and that in the event of default by Cherry Lane under the terms of the Agreement of Lease, Meridian shall notify the Bank of such default in writing at least 30 days prior to taking any action to enforce any of Meridian's rights under the Agreement of Lease, during which time the bank is given the option to cure the default or take such other action as may be necessary to protect the Bank's security interest in the Agreement of Lease. No modification of the Agreement of Lease nor any right of default of the Agreement of Lease shall accrue to Meridian until this provision has been complied with. 4.2 Meridian shall have the exclusive first option to purchase from the bank the note and all collateral, in the amount equal to the total amount then owed to the Bank by Cherry Lane together with all costs, expenses, and fees of the Bank. This option to purchase may be exercised at any time subsequent to the expiration of the letter of credit issued by the bank pursuant to condition number 1.20 of the conditional use permit but must be exercised prior to 3:00 p.m. Mountain time, on the business day prior to the date of any scheduled foreclosure sale. In the event Meridian determines to exercise its option as provided herein, it shall deliver the option price in cash to bank by no later than 3:00 p.m., Mountain time, on the business day prior to any scheduled foreclosure sale. The Bank shall give Meridian notice of foreclosure and of date of sale which shall include notice of this exclusive first option. Meridian may file a request for a copy of notice of default or notice of sale, AGREEMENT - Page 4 r pursuant to I. C. § 45-1511, and the Bank shall provide Meridian with the necessary information on the recording of the Leasehold Deed of Trust to enable Meridian to so file the request for notice and the Bank shall also cause Meridian to receive notice in the manner provided for in I.C. § 45-1505 at the address of Meridian herein provided even in the event Meridian fails to record a request for notice. 4.3 In the event of a default of the Leasehold deed of trust by Cherry Lane and in the event Cherry Lane fails to maintain the golf course Meridian upon 7 days prior written notice to Bank and that Cherry Lane in the case of imminent peril of risk of loss to fairway or greens Meridian has elected to maintain the golf course and premises to avoid loss of fairway or greens and shall be reimbursed for said reasonable costs, but only in the event either Cherry Lane or the Bank fails to provide written assurance to Meridian to take steps to prevent such loss. Meridian shall provide written notice of costs incurred under this section to Bank and Cherry Lane which shall then become due and payable within 30 days of the date of written notice. Any sum so paid by bank to Meridian shall be immediately due and owing by Cherry Lane to Bank and until paid to Bank, shall be secured by leasehold deed of trust granted by Cherry Lane in favor of the Bank. 5. AGREEMENT BETWEEN CHERRY LANE AND MERIDIAN: The provisions of this section shall be binding upon Cherry Lane and Meridian as follows: 5.1 The funds received from any loan from the Bank which is secured by the Leasehold deed of trust will be used exclusively for capital improvements in the construction of the improvements referenced in the Conditional Use Permit and/or for meeting condition no. 1.20 of the Conditional Use Permit, and Cherry Lane shall provide written proof at such time written request made by Meridian for such information to the Bank of the application of said fund as herein provided and Cherry Lane herein agrees that the Bank may provide such information to a duly authorized agent of Meridian. Request for such written proof made by Meridian shall be directed to Cherry Lane with a copy to the Bank and Cherry Lane shall respond within 21 days of the date of the request. In the event Meridian determines there has been a default of this section, it shall notify Cherry Lane and the Bank in writing of the claim of AGREEMENT - Page 5 default and Cherry Lane shall have 30 days from the date of Notice to cure the default. In the event the default is not cured, the Bank shall release all such information to Meridian. 6. INSURANCE: The provisions of this section shall be binding upon Cherry Lane and Meridian and shall serve as an amendment to their Agreement of Lease as follows. 6.1 Agreement of Lease be and is hereby amended to provide that lessee shall provide proof of Casualty Loss Insurance for a reasonable amount of coverage for replacement of improvements, including sprinkler system, fairway and greens, club house, parking facilities and any and all other improvements thereon and liability insurance in an amount commensurate with the coverage as carried by other 18 hole golf course facilities which are privately managed in the Ada/ Canyon County region of Idaho, and in no event less than the amount of liability provided under the State of Idaho Tort Claims Law presently codified at I.C. § 6-926, or as it may be amended in the future with Meridian being designated on said insurance coverages as a co-insured and certificates of such insurance coverage provided to Meridian. 7. DEFAULT: 7.1 A default of this agreement by the Bank is a failure to provide Meridian notice of Foreclosure of the Leasehold deed of trust and or a failure to pay reasonable costs incurred by Meridian pursuant to section 4 of this agreement. 7.2 A default of this agreement by Cherry Lane is a failure to apply funds obtained from the Bank for the Loan and/or supply information as required in section 5.1 and/or a failure to pay reasonable costs incurred by Meridian pursuant to section 4.3 of this agreement and a default of requirement to carry insurance pursuant to section 6 of this agreement. S. REMEDIES: 8.1 In the event of default of Bank no foreclosure sale shall occur in the event of a notice default and in the event of failure to pay reasonable costs as provided in Section 4.3, the amount of costs plus interest at the statutory rate from the date of notice of the AGREEMENT - Page 6 amount of costs incurred was given by Meridian. 8.2 In the event of default of Cherry Lane, it shall hold the Bank harmless from any claim herein of default by Meridian, and in the event of a failure to apply funds received from the Bank from the loan and or to provide information as provided in section 5. 1, Cherry Lane shall be in default of the Agreement of Lease and in the event of failure to pay reasonable costs as provided in Section 4.3, the amount of costs plus interest at the statutory rate from the date of notice of the amount of costs incurred was given. 9. GENERAL PROVISIONS Section 9.1: Non -Waiver. The failure of a party hereto to insist upon strict performance of observance of this agreement shall not be a waiver of any breach of any terms or conditions of this agreement by any other party. Section 9.2: Conflicts of Agreement with Applicable Law. In the event any provision or section of this agreement conflicts with applicable law, or is otherwise held to be unenforceable, the remaining provisions shall nevertheless be enforceable and carried into effect. Section 9.3: Attorneys Fees. In the event any litigation arising under, or as a result of, this agreement or arising from any of the acts to be performed hereunder or the alleged breach of this agreement, except for an agreed declaratory judgment action sought to clarify the responsibility and or authority of the "Parties" hereunder, the prevailing party shall recover its costs and reasonable attorneys' fees. Section 9.4: Idaho Law. This agreement shall be governed and interpreted by the laws of the State of Idaho. Section 9.5: No Assignment. No party may assign this agreement or any interest therein. Section 9.6: Notices. All notices, requests, demands and other communications under this agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice to be given, or on the third day after mailing, if mailed to the party to whom notice is to be AGREEMENT - Page 7 A-1 given, by first class mail, registered or certified, postage prepaid, and unless either party should notify the other of a change of address, properly addressed as follows: City of Meridian Attention: City Clerk 33 E. Idaho Meridian, ID 83642 Idaho Independent Bank 317 N. 9th Ave. Boise, ID 83702 Cherry Lane Recreation, Inc. 4200 W. Talamore Meridian, ID 83642 Section 9.7: This agreement shall be executed by the "Parties" in three (3) counterparts, and each such counterpart shall be deemed an "original". Section 9.8: Requirement for Recordation: City may record either a memorandum of this Agreement or this Agreement, and submit proof of such recording to the parties. AGREEMENT - Page 8 IN WITNESS WHEREOF, the parties have executed this Agreement at ,Ada County, Idaho, the date written below. CITY OF MERIDIAN MAYOR ROBERT D. CORRIE Attest: CITY CLERK BY RESOLUTION NO. IDAHO INDEPENDENT BANK Cherry Lane Recreation, INC. Wallace D. Lovan Venita I. Lovan AGREEMENT - Page 9 STATE OF IDAHO) ss County of Ada ACKNOWLEDGMENTS On this day of , in the year , before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, Jr., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) STATE OF IDAHO) :ss COUNTY OF ADA) Notary Public for Idaho Commission expires: On this day of , in the year , before me, a Notary Public, personally appeared , known or identified to me to be the of the Idaho Independent Bank, and acknowledged to me that he executed the instrument as of such bank. (SEAL) Notary Public for Idaho Commission expires: AGREEMENT - Page 10 STATE OF IDAHO) :ss COUNTY OF ADA ) On this day of, in the year , before me, a Notary Public, personally appeared Wallace D. Lovan and Venita I. Lovan, known or identified to me to be the and of Cherry Lane Recreation, Inc. respectively, and acknowledged to me that they executed the same as and of Cherry Lane Recreation, Inc. (SEAL) Notary Public for Idaho Commission expires: ey/Z:\Work\M\Meridian 15360M\Cherry Lane Estates\CityBankRec.Agr AGREEMENT - Page 11 w JAN 1 8 2000 i n t e r o f f ice CITY OF N, fiiDIAx MEMORANDUM To: William G. Berg, Jr. �j From: Marlene St. George J`' Subject: CITY OF MERIDIAN/IDAHO INDEPENDENT BANK/CHERRY LANE RECREATION, INC. AGREEMENT File No: 4.1.1.A Date: January 18, 2000 Will: Please find attached the originals of the Resolution and Certificate of the Cleric for the above matter. The Agreement will need to be approved by Council at an upcoming meeting. If you have any questions please advise. msg/ZAWork\M\Meridian 15360M\CherryLane Land Exchange\C1erk101800.Mem AGREEMENT Parties: City of Meridian Idaho Independent Bank, and Cherry Lane Recreation, Inc. THIS AGREEMENT is made and entered into this % S� day of ZOOby and between the City of Meridian, Idaho, a municipal corporation, ereinafter referred to as "City", and Idaho Independent Bank, and Idaho corporation, hereinafter referred to as `Bank", and Cherry Lane Recreation, Inc., and Idaho corporation. 1. RECITALS: 1.1 WHEREAS the City of Meridian has issued a conditional use permit to Cherry Lane Recreation, Inc. for the Golf Course Clubhouse, Parking Lot and Temporary Clubhouse at 4200 Talamore Blvd. Meridian Idaho; and 1.2 WHEREAS the Conditional use permit contains the following condition: " 1.20 The temporary clubhouse shall be used for a period not to exceed seven (7) months from the date of this order. Prior to moving of the temporary clubhouse, a letter of credit or cash shall be received by the City of Meridian as a guarantee for completion of the permanent clubhouse and parking lot in the amount of Five Hundred Thousand and No/100ths ($500,000.00) Dollars."; and 1.3 WHEREAS, in order to comply with condition 1.20 of the Conditional Use Permit and to construct the improvements permitted by the Conditional Use Permit, Cherry Lane has requested loans and other financial accommodations from Bank which the Bank is willing to provide upon various conditions, which conditions include as security a leasehold deed of trust upon Cherry Lane's lessees' interest in the real property, which is the subject of the Agreement of Lease, and in AGREEMENT - Page 1 addition the Bank requires the City to agree during the term of the leasehold deed of trust that no modifications of the Agreement of Lease be undertaken without the City first notifying the Bank, in writing at least 90 days prior to the effective date of any modification, of the City's intention to modify the Agreement, and that in the event of default by Cherry Lane under the terms of the Agreement of Lease the City would notify the Bank of such default in writing a least 30 days prior to taking any action to enforce any of the City's Rights under the Agreement of Lease, during which time the bank would have the option to cure the default or take such other action as may be necessary to protect the Bank's security interest in the Agreement of Lease; and 1.4 WHEREAS Meridian is willing to enter into such an agreement to provide the Bank such notice only upon the consideration that Cherry Lane agree that the funds received from any loan from the Bank which is secured by the Leasehold deed of trust be used exclusively for capital improvements in the construction of the improvements referenced in the Conditional Use Permit and/or for meeting condition no. 1.20 of the Conditional Use Permit, and that the Bank and Cherry Lane agree that Meridian upon a default of Cherry Lane and foreclosure by the Bank of the Leasehold Deed of Trust shall have the exclusive first option to purchase from the Bank the note and all collateral, in the amount equal to the total amount then owed to the Bank by Cherry Lane together with all costs, expenses, and fees of the Bank which could not be exercised until a time subsequent to the expiration of the Letter of Credit issued by the Bank pursuant to condition no. 1.20 of the Conditional Use Permit; and that in the event of a default and in the event Cherry Lane fails to maintain the golf course Meridian ,upon 7 days prior written notice in the case of imminent peril with risk of loss to fairway or greens, could elect to maintain the golf course and premises to avoid loss of fairway or greens, and to be reimbursed for said reasonable costs only in the event either Cherry Lane or the Bank fails to provide written assurance to Meridian to take steps to prevent such loss, and that the Agreement of Lease be amended to provide that lessee shall provide proof of Casualty loss insurance for a reasonable amount of coverage for replacement of improvements, including sprinkler system, fairway and greens, clubhouse, parking facilities and any and all other improvements thereon and liability insurance in an amount commensurate with the coverage as carried by other 18 hole golf course facilities which are privately managed in the Ada/Canyon County region AGREEMENT - Page 2 of Idaho, and in no event less than the amount of liability provided under the State of Idaho Tort Claims Law presently codified at I.C. § 6- 926, or as it may be amended in the future with Meridian being designated on said insurance coverages as a co-insured. 1.5 WHEREAS Bank and Cherry Lane are agreeable to the consideration required by Meridian 2. DEFINITIONS: 2.1 Conditional Use Permit: means and refers to that certain Conditional Use Permit which was issued by the City of Meridian to Cherry Lane Recreation, Inc., an Idaho Corporation for the construction, use and maintenance of a Golf Course Clubhouse, Parking Lot and Temporary Clubhouse at 4200 Talamore Blvd, Meridian Idaho in City of Meridian Case No. CUP -99-009, as may be amended from time to time. 2.2 Meridian: means and refers to the City of Meridian, a municipal corporation having as its principle address 33 E. Idaho, Meridian, ID 83642. 2.3 Bank: means and refers to the Idaho Independent Bank, an Idaho corporation with its principle address at 317 N. 9`" Ave., Boise, ID 83702. 2.4 Cherry Lane: means and refers to Cherry Lane Recreation, Inc., an Idaho corporation with its principle offices at 4200 W. Talamore, Meridian ID 83642. 2.5 Agreement of Lease: means and refers to that certain Agreement of Lease by and between Meridian and Cherry Lane dated October 3, 1978. 2.6 Leasehold Deed of Trust: means and refers to that Certain Leasehold Deed of Trust by and between Bank and Cherry Lane which secures the Bank's loan to Cherry Lane in the leasehold interest of Cherry Lane to the Agreement of Lease. 2.7 Golf Course: means and refers to the golf course which has been developed and is the subject of the Agreement of Lease. AGREEMENT - Page 3 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 3. INCORPORATION OF RECITALS: 3.1 That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 4. AGREEMENT BETWEEN BANK, CHERRY LANE AND MERIDIAN: The provisions of this section shall be binding upon Bank, Cherry Lane and Meridian as follows: 4.1 During the term of the Leasehold Deed of Trust no modifications of the Agreement of Lease shall be under taken without Meridian first notifying the Bank, in writing at lease 90 days prior to the effective date of any modification, of the City's intention to modify the Agreement of Lease, and that in the event of default by Cherry Lane under the terms of the Agreement of Lease, Meridian shall notify the Bank of such default in writing at least 30 days prior to taking any action to enforce any of Meridian's rights under the Agreement of Lease, during which time the bank is given the option to cure the default or take such other action as may be necessary to protect the Bank's security interest in the Agreement of Lease. No modification of the Agreement of Lease nor any right of default of the Agreement of Lease shall accrue to Meridian until this provision has been complied with. 4.2 Meridian shall have the exclusive first option to purchase from the bank the note and all collateral, in the amount equal to the total amount then owed to the Bank by Cherry Lane together with all costs, expenses, and fees of the Bank. This option to purchase may be exercised at any time subsequent to the expiration of the letter of credit issued by the bank pursuant to condition number 1.20 of the conditional use permit but must be exercised prior to 3:00 p.m. Mountain time, on the business day prior to the date of any scheduled foreclosure sale. In the event Meridian determines to exercise its option as provided herein, it shall deliver the option price in cash to bank by no later than 3:00 p.m., Mountain time, on the business day prior to any scheduled foreclosure sale. The Bank shall give Meridian notice of foreclosure and of date of sale which shall include notice of this exclusive first option. Meridian may file a request for a copy of notice of default or notice of sale, AGREEMENT - Page 4 1.-1. 10-*� pursuant to I.C. § 45-1511, and the Bank shall provide Meridian with the necessary information on the recording of the Leasehold Deed of Trust to enable Meridian to so file the request for notice and the Bank shall also cause Meridian to receive notice in the manner provided for in I.C. § 45-1505 at the address of Meridian herein provided even in the event Meridian fails to record a request for notice. 4.3 In the event of a default of the Leasehold deed of trust by Cherry Lane and in the event Cherry Lane fails to maintain the golf course Meridian upon 7 days prior written notice to Bank and that Cherry Lane in the case of imminent peril of risk of loss to fairway or greens Meridian has elected to maintain the golf course and premises to avoid loss of fairway or greens and shall be reimbursed for said reasonable costs, but only in the event either Cherry Lane or the Bank fails to provide written assurance to Meridian to take steps to prevent such loss. Meridian shall provide written notice of costs incurred under this section to Bank and Cherry Lane which shall then become due and payable within 30 days of the date of written notice. Any sum so paid by bank to Meridian shall be immediately due and owing by Cherry Lane to Bank and until paid to Bank, shall be secured by leasehold deed of trust granted by Cherry Lane in favor of the Bank. 5. AGREEMENT BETWEEN CHERRY LANE AND MERIDIAN: The provisions of this section shall be binding upon Cherry Lane and Meridian as follows: 5.1 The funds received from any loan from the Bank which is secured by the Leasehold deed of trust will be used exclusively for capital improvements in the construction of the improvements referenced in the Conditional Use Permit and/or for meeting condition no. 1.20 of the Conditional Use Permit, and Cherry Lane shall provide written proof at such time written request made by Meridian for such information to the Bank of the application of said fund as herein provided and Cherry Lane herein agrees that the Bank may provide such information to a duly authorized agent of Meridian. Request for such written proof made by Meridian shall be directed to Cherry Lane with a copy to the Bank and Cherry Lane shall respond within 21 days of the date of the request. In the event Meridian determines there has been a default of this section, it shall notify Cherry Lane and the Bank in writing of the claim of default and Cherry Lane shall have 30 days from the date of Notice AGREEMENT - Page 5 n 10-*� to cure the default. In the event the default is not cured, the Bank shall release all such information to Meridian. 6. INSURANCE: The provisions of this section shall be binding upon Cherry Lane and Meridian and shall serve as an amendment to their Agreement of Lease as follows. 6.1 Agreement of Lease be and is hereby amended to provide that lessee shall provide proof of Casualty Loss Insurance for a reasonable amount of coverage for replacement of improvements, including sprinkler system, fairway and greens, club house, parking facilities and any and all other improvements thereon and liability insurance in an amount commensurate with the coverage as carried by other 18 hole golf course facilities which are privately managed in the Ada/Canyon County region of Idaho, and in no event less than the amount of liability provided under the State of Idaho Tort Claims Law presently codified at I.C. § 6- 926, or as it may be amended in the future with Meridian being designated on said insurance coverages as a co-insured and certificates of such insurance coverage provided to Meridian. 7. DEFAULT: 7.1 A default of this agreement by the Bank is a failure to provide Meridian notice of Foreclosure of the Leasehold deed of trust and or a failure to pay reasonable costs incurred by Meridian pursuant to section 4 of this agreement. 7.2 A default of this agreement by Cherry Lane is a failure to apply funds obtained from the Bank for the Loan and/or supply information as required in section 5.1 and/or a failure to pay reasonable costs incurred by Meridian pursuant to section 4.3 of this agreement and a default of requirement to carry insurance pursuant to section 6 of this agreement. S. REMEDIES: 8.1 In the event of default of Bank no foreclosure sale shall occur in the event of a notice default and in the event of failure to pay reasonable costs as provided in Section 4.3, the amount of costs plus interest at the statutory rate from the date of notice of the amount of costs incurred was given by Meridian. AGREEMENT - Page 6 .-► 1 -ft., 8.2 In the event of default of Cherry Lane, it shall hold the Bank harmless from any claim herein of default by Meridian, and in the event of a failure to apply funds received from the Bank from the loan and or to provide information as provided in section 5. 1, Cherry Lane shall be in default of the Agreement of Lease and in the event of failure to pay reasonable costs as provided in Section 4.3, the amount of costs plus interest at the statutory rate from the date of notice of the amount of costs incurred was given. 9. GENERAL PROVISIONS Section 9.1: Non -Waiver. The failure of a party hereto to insist upon strict performance of observance of this agreement shall not be a waiver of any breach of any terms or conditions of this agreement by any other party. Section 9.2: Conflicts of Agreement with Applicable Law. In the event any provision or section of this agreement conflicts with applicable law, or is otherwise held to be unenforceable, the remaining provisions shall nevertheless be enforceable and carried into effect. Section 9.3: Attorneys Fees. In the event any litigation arising under, or as a result of, this agreement or arising from any of the acts to be performed hereunder or the alleged breach of this agreement, except for an agreed declaratory judgment action sought to clarify the responsibility and or authority of the "Parties" hereunder, the prevailing party shall recover its costs and reasonable attorneys' fees. Section 9.4: Idaho Law. This agreement shall be governed and interpreted by the laws of the State of Idaho. Section 9.5: No Assignment. No party may assign this agreement or any interest therein. J Section 9.6: Notices. All notices, requests, demands and other communications under this agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice to be given, or on the third day after mailing, if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and unless either AGREEMENT - Page 7 party should notify the other of a change of address, properly addressed as follows: City of Meridian Attention: City Cleric 33 E. Idaho Meridian ID 83642 Idaho Independent Bank 317 N. 9th Ave. Boise ID 83702 Cherry Lane Recreation, Inc. 4200 W. Talamore Meridian ID 83642 Section 9.7: This agreement shall be executed by the "Parties" in three (3) counterparts, and each such counterpart shall be deemed an "original". Section 9.8: Requirement for Recordation: City may record either a memorandum of this Agreement or this Agreement, and submit proof of such recording to the parties. AGREEMENT - Page 8 IN WITNESS WHEREOF, the parties have executed this Agreement at Ada County, Idaho, the date written below. Attest: ITY CLERK BY RESOLUTION NO. 2 c?,5 AGREEMENT - Page 9 CITY OF MERIDIAN By: YOR R BERT D. CORRIE ``,«1lflllll!///// ,.x•00\1 OF ME�jj,��•,,f SEA _ IDAHO INDEPENDENT BANK Cherry Lane Recreation, INC. Al Wallace D. Lovan Venita I. Lovan STATE OF IDAHO) :ss County of Ada ACKNOWLEDGMENTS On this/ of Fi5', year 2000, before me, 'tUd/t� in the y a Notary Public, personally appeared Robert D. Corrie and William G. Berg, Jr., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) ••.�� AIV OFID _±�, µOS STATE OF IDAHO )n°none•• :ss COUNTY OF ADA) Nota ublic for Idaho Commission expires: q12(olG0 On this day of , in the year , before me, a Notary Public, personally appeared , known or identified to me to be the of the Idaho Independent Bank, and acknowledged to me that he executed the instrument as of such bank. (SEAL) AGREEMENT - Page 10 Notary Public for Idaho Commission expires: STATE OF IDAHO) ss COUNTY OF ADA) /*- On this day of , in the year , before me, a Notary Public, personally appeared Wallace D. Lovan and Venita I. Lovan, known or identified to me to be the and of Cherry Lane Recreation, Inc. respectively, and acknowledged to me that they executed the same as and of Cherry Lane Recreation, Inc. (SEAL) Notary Public for Idaho Commission expires: ey/Z: \Work \M \Meridian 15360M\Cherry Lane Estates\CityBankRec.Agr AGREEMENT - Page 11 A-,-, i'1. RESOLUTION NO. 2 ?6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO INDEPENDENT BANK, AND CHERRY LANE RECREATION, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, denoted as "AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and Cleric are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, entitled "AGREEMENT", by and between the City of Meridian and IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. RESOLUTION AUTHORIZING THE MAYOR TO ENTER — PAGE 1 OF 2 INTO AN AGREEMENT WITH IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 2000. f S`t APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of 2000. ��'nnlilt III/,l� ��\ of r SEAL =� Ncc 9C�, GSr 1s� • Q.�- ,. ATTEST: ''': , 00Ur�Y • ��.�`�� CITY CLERK msg/ZAWork\MWMeridian 15360M\CherryLane Land Exchange\IdIndepntBkCherryLanAgmt.Res RESOLUTION OF THE CITY OF MERIDIAN — PAGE — AUTHORIZING THE MAYOR TO ENTER INTO A LESSOR'S STATEMENT CONCERNING AGREEMENT OF LEASE DATED OCTOBER 30, 1978 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Cleric of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Cleric of this City I am the custodian of its records and minutes and do hereby certify that on the % Sp day of �� , 2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, denoted as "AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and Cleric are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, entitled "AGREEMENT", by and between the City of Meridian and IDAHO INDEPENDENT BANK AND CHERRY LANE RECREATION, INC., an Idaho Corporation, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terns and conditions. SjEAL WILLIAM G. BERG, JW -Z� ITY CLERK �8r ts1 \\ STATE OF IDAHO, ss. County of Ada, On this St day of Q u Gt,1 in the year 2000, before me, 5h el b r77 a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. *,soon'* -o (SEAT,) :�; ��, •; i,�1, _ • ��.•: OF'ID p:'• ♦♦rr■r•• low-� Nota lic for Idaho Commission Expires: 1& o msg/Z:\Wor1cW1\Meridian 15360M\CherryLane Land Exchange\CERTofCLI(forlDlndedptBlcCherryLaneforRES