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Overland Mini Storage Sub FP 00-005Mar 10 00 04:00p Pinnacle Engineers, Inc. 208-907-7781 AFFIDAVIT OF LEGAL INTEREST I, Michael D. Bledsoe, Managing Member, Overland Storage, L.L.C., being first duly sworn upon oath, deposed and say: 1. That Overland Storage, L.L.C. is the record owner of the property described on the attached, and I grant my permission to Pinnacle Engineers, Inc., 870 N. Linder Road, Suite B, Meridian, Idaho 83642 to submit the accompanying Final Plat application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this 13th day of March, 20(?). Mic*l D. Bledsoe Managing Member, Overland Storage, L.L.C. SUBSCRIBED AND SWORN to before me the day and year Expires: p.2 CITY OF MERIDIAN FINAL SUBDIVISION PLAT CHECKLIST INCOMPLETE SUBMITTALS WILL NOT BE PROCESSED SUBDIVISION NAME: K0 0584, 4 / 7 ENGINEER: i�/� N� �E Eirr� /�v�E.� Sr /,ya The final plat shall include and be in compliance with all items required under Title 50, Chapter 13 of the Idaho Code. The final plat submittal shall include at least the following: ITEM DESCRIPTION COMMENTS 1. Thirty (30) copies of written application for approval as stipulated by the Council 2. Proof of current ownership of the real property included in the proposed final plat and consent of recorded owners of the plat (warranty deed, signature sheet of final plat) . 3. A statement of conformance with the approved preliminary plat and meeting all requirements or conditions thereof 4. A statement of conformance with all require- ments and provisions of this Ordinance 5. A statement of conformance with acceptable engineering, architectural and surveying practices and local standards 6. Street name approval.letter from Ada County 7. Three (3) copies of the final engineering construction drawings for streets, water, sewers, sidewalks, irrigation and other public improvements 8. Thirty (30) prints of the final plat at a scale of one inch equals three hundred feet (1" = 300'). Include subdivision and street names, lot and block numbers off. FINAL SUBDIVISION PLAT CHECKLIST 9. Thirty (30) folded copies of the final plat containing the following requirements and three (3) copies of the signature page of the final plat. Plat shall include: a. Approved Plat Name b. Year of platting c. Sectional location of plat County d. North arrow e. Scale of plat (not smaller than 1"= 100') f. Streets and alleys with widths and bearings g. Street names h. Consecutive numbering of all lots in each block, and each block lettered or numbered i. Each and all lengths of the boundaries of each lot including curve table j. Exterior boundaries shown by distance and bearing (heavier lines than streets and lots) including curve table k. Descriptions of survey monuments 1. Initial point and tie to at least two public land survey corners or, in lieu thereof, to two monuments recognized by the City Engineer or County Engineer or surveyor; and also, if required by the City or county governing bodies, give coordinates based on the Idaho coordinate system m. Easements n. Basis of bearings o. Pertinent notes for easements, restrictions, designations, etc. p. Land Surveyor - signed seal q. Land Surveyor business name - City location r. Legend of symbols s. Minimum residential house size t. Adjacent platted subdivision names 10. Fee Paid - - Lots Q $10.00/Lot 11. Other Information as Requested by Administrator, City Engineer, Planning & Zoning Commission; or City Council Page 2 FINAL SUBDIVISION PLAT CHECKLIST Page 3 12. Substantial differences between the approved preliminary plat and the final plat, variances not yet applied for, non-conformance with comments of staff and/or agencies, etc., will be cause for rejection and/or possible resubmittal to Planning & Zoning Commission for approval. REVIEW BY: Shari Stiles. Planning & Zoning Administrator Gar; D. Smith_ P E City Engineer ACCEPTANCE DATE: OPERATING AGREEMENT ,M OVERLAND STORAGE LMT ED LIABILITY COMPANY TABLE OF CON'T'ENTS ARTICLE I -DEFINITIONS ................................................. 1 ARTICLE II - FORMATION ................................................. 6 2.1 Organization ................................................... 6 2.2 Agreement .................................................... 6 2.3 Name ........................................................ 7 2.4 Effective Date 7 2.5 Term ........................................................ 7 2.6 Registered Agent and Office ....................................... 7 2.7 Principal Office ................................................. 7 ARTICLE III - NATURE OF BUSINESS ........................................ 7 ARTICLE IV - ACCOUNTING AND RECORDS ................................. 7 4.1 Records to be Maintained ......................................... 7 4.2 . Reports to Members ............................................. 8 4.3 Accounts ..................................................... 8 ARTICLE V - NAMES AND ADDRESSES OF MEMBERS ......................... 9 ARTICLE VI - RIGHTS AND DUTIES OF MEMBERS ............................ 9 6.1 Management Rights ............................................. 9 6.2 Majority...................................................... 9 6.3 Liability of Members ............................................. 9 6.4 Indemnifications............................................... 10 6.5 Representations and Warranties ................................... 10 6.6 Conflicts of Interest ............................................ 10 ARTICLE VII - MANAGING MEMBERS ...................................... 11 7.1 Original Managing Members ...................................... 11 7.2 Term of Office as Managing Member ............................... 11 7.3 Authority of Members to Bind the Company .......................... 11 7.4 Actions of the Managing Members ................................. 12 7.5 Compensation of Managing Member ............................... 13 7.6 Managing Members' Standard of Care .............................. 13 7.7 Removal of Managing Member .................................... 13 ARTICLE VIII - CONTRIBUTIONS AND CAPITAL ACCOUNTS .................. 13 8.1 Initial Contributions ............................................ 13 8.2 Additional Contributions ......................................... 13 8.3 Enforcement of Commitments .................................... 14 8.4 Maintenance of Capital Accounts .................................. 14 8.5 Distribution of Assets ........................................... 15 8.6 Sale or Exchange of Interest ...................................... 15 8.7 Compliance with Section 704(b) of the Code ......................... 15 ARTICLE IX - ALLOCATIONS AND DISTRIBUTIONS .......................... 15 9.1 Allocations of Net Profits and Net Losses from Operations ............... 15 9.2 Company Minimum Gain Chargeback ............................... 15 9.3 Member Minimum Gain Chargeback................................ 16 9.4 Qualified Income Offset ......................................... 16 9.5 Interim Distributions ............................................ 16 ARTICLE X -TAXES ..................................................... 17 10.1 Elections .................................................... 17 10.2 Taxes of Taxing Jurisdictions ..................................... 17 10.3 Tax Matters Partner........................................I.... 17 10.4 Cash Method of Accounting ...................................... 17 ARTICLE XI - DISPOSITION OF MEMBERSHIP INTERESTS .................... 17 11.1 Disposition.................'.................................. 17 11.2 Dispositions not in Compliance with this Article Void ................... 18 ARTICLE XII - DISSOCIATION OF A MEMBER ............................... 18 12.1 Dissociation.................................................. 18 12.2 Rights of Dissociating Member .................................... 20 ARTICLE XIII - ADMISSION OF ASSIGNEES AND ADDITIONAL MEMBERS ...... 20 13.1 Rights of Assignees ............................................ 20 13.2 Admission of Substitute Members .................................. 20 13.3 Admission of Additional Members ................................. 21 ARTICLE XIV - DISSOLUTION AND WINDING UP ............................ 21 14.1 Dissolution................................................... 21 14.2 Effect of Dissolution ............................................ 21 14.3 Distribution of Assets on Dissolution ............................... 21 14.4 Winding Up and Certificate of Dissolution ........................... 21 ARTICLE XV - AMENDMENT .............................................. 22 15.1 Operating Agreement May Be Modified ............................. 22 15.2 Amendment or Modification of Operating Agreement ................... 22 ARTICLE XVI - MISCELLANEOUS PROVISIONS .............................. 22 16.1 Entire Agreement .............................................. 22 16.2 No Partnership Intended for Nontax Purposes ........................ 22 16.3 Rights of Creditors and Third Parties under Operating Agreement ......... 24 OPERATING AGREEMENT OF OVERLAND STORAGE, LLC This Operating Agreement of OVERLAND STORAGE, LLC, an Idaho limited liability company organized pursuant to the Idaho Limited Liability Company Act is entered into and shall be effective as of the Effective Date, by and among the Company and the persons executing this Agreement as Members. ARTICLE I DEFINITIONS For purposes of this Operating Agreement (as defined below), unless the context clearly indicates otherwise, the following terms shall have the following meanings:. 1.1 Act - The Idaho Limited Liability Company Act and all amendments to the Act. 1.2 Additional Member - A Member other than an Initial Member or a Substitute Member who has acquired a Membership Interest from the Company. 1.3 Articles - The Articles of Organization of the Company as properly adopted and amended from time to time by the Members and filed with the Secretary of State. 1.4 Assignee - A transferee of a Membership Interest who has not been admitted as a Substituted Member. 1.5 Bankrupt Member - A member who: (1) has become the subject of an Order for Relief under the United States Bankruptcy Code, 92 has initiated, either in an original Proceeding or by way of answer in any state insolvency or receivership proceeding, an action for liquidation arrangement, composition, readjustment, dissolution, or similar relief. 1.6 Business Day - Any day other than Saturday, Sunday or any legal holiday observed in the State. 1.7 Capital Account - The account maintained for a Member or Assignee determined in accordance with Article VIII. 1.8 Capital Contribution - Any contribution of Property, services or the obligation to contribute Property or services made by or on behalf of a Member or Assignee. 1.9 Code - The Internal Revenue Code of 1986 as amended from time to time. OPERATING AGREEMENT -1 1.10 Commitment -The Capital Contributions that a Member or Assignee is obligated to make under this Operating Agreement. 1.11 Company -The OVERLAND STORAGE, LLC, a limited liability company formed under the laws of Idaho, and any successor limited liability company. 1.12 Company Liability - Any enforceable debt or obligation for which the Company is liable or which is secured by any Company Property. 1.13 Company Minimum Gain - An amount determined by first computing for each Company Nonrecourse Liability any gain the Company would realize if it disposed of the Company Property subject to that liability for no consideration other than full satisfaction of the liability, and then aggregating the separately computed gains. The amount of Company Minimum Gain includes such minimum gain arising from a conversion, refinancing, or other change to a debt instrument, only to the extent a Member is allocated a share of that minimum gain. For any Taxable Year, the net increase or decrease in Company Minimum Gain is determined by comparing the Company Minimum Gain on the last day of the immediately preceding Taxable Year with the Minimum Gain on the last day of the current Taxable Year. Notwithstanding any provision to the contrary contained herein, Company Minimum Gain and increases and decreases in Company Minimum Gain are intended to be computed in accordance with §704 of the Code the Regulations issued thereunder, as the same may be issued and interpreted from time to time. A Member's share of Company Minimum Gain at the end of any Taxable Year equals: the sum of Nonrecourse Deductions allocated to that Member (and to that Member's predecessors in interest) up to that time and the distributions made to that Member (and to that Member's predecessors in interest) up to that time of proceeds of a nonrecourse liability allocable to an increase in Company Minimum Gain minus the sum of that Member's (and that Member's predecessors in interest) aggregate share of the net decreases in Company Minimum Gain plus their aggregate share of decreases resulting from revaluations of Company Property subject to one or more Company Nonrecourse Liabilities. 1.14 Company Nonrecourse Liability - A Company Liability to the extent that no Member or related Person bears the economic risk of loss (as defined in §1.752-2 of the Regulations) with respect to the liability. 1.15 Company Property - Any Property owned by the Company. 1.16 Contributing Members - Those Members making contributions as a result of the failure of a Delinquent Member to make the contributions required by the Commitment as described in Article VIII. 1.17 Default Interest Rate - The higher of the legal rate or the then -current prime rate quoted by the largest commercial bank in the jurisdiction of the Principal Office plus three percent. OPERATING AGREEMENT - 2 1.18 Delinquent Member - A Member or Assignee who has failed to meet the Commitment of that Member or Assignee. 1.19 Distribution - A transfer of Property to a member on account of a Membership Interest as described in Article IX. 1.20 Disposition (Dispose) - Any sale, assignment, transfer, exchange, mortgage, pledge, grant, hypothecation, or other transfer, absolute or as security or encumbrance (including dispositions by operation of law). 1.21 Dissociation - Any action which causes a Person to cease to be a Member as a described in Article XII hereof. 1.22 Dissolution Event - An event, the occurrence of which will result in the dissolution of the Company under Article XIV unless the Members agree to the contrary. 1.23 Effective Date - .1999. 1.24 Immediate Family - A Member's Immediate Family includes the Member's spouse, children (including natural, adopted and stepchildren), grandchildren, and parents. 1.25 Initial Capital Contribution - The Capital Contribution agreed to be made by the Initial Members as described in Article VIII. 1.26 Initial Members - Those persons identified on Exhibit A attached hereto and made a part hereof by this reference who have executed the Operating Agreement. 1.27 Majority - The affirmative vote or consent of more than one-half ('/z) of the membership interest of all Members described as a "Majority" in Article VI hereof. 1.28 Management Right - The right of a Member to participate in the management of the Company, including the rights to information and to consent or approve actions of the Company. 1.29 Managing Member - A Member selected to manage the affairs of the Company under Article VII hereof. 1.30 Member - Initial Member, Substituted Member or Additional Member, and, unless the context expressly indicates to the contrary, includes Managing Members and Assignees. 1.31 Member Minimum Gain - An amount determined by first computing for each Member Nonrecourse Liability any gain the Company would realize if it disposed of the Company Property subject to that liability for no consideration other than full satisfaction of the liability, and then aggregating the separately computed gains. The amount of Member Minimum Gain includes such minimum gain arising from a conversion, refinancing, or other OPERATING AGREEMENT - 3 change to a debt instrument, only to the extent a Member is allocated a share of that minimum gain. For any Taxable Year, the net increase or decrease in Member Minimum Gain is determined by comparing the Member Minimum Gain on the last day of the immediately preceding Taxable Year with the Minimum Gain on the last day of the current Taxable Year. Notwithstanding any provision to the contrary contained herein, Member Minimum Gain and increases and decreases in Member Minimum Gain are intended to be computed in accordance with §704 of the Code and the Regulations issued thereunder, as the same may be issued and interpreted from time to time. 1.32 Member Nonrecourse Liability - Any Company Liability to the extent the liability is nonrecourse under state law, and on which a Member or Related Person bears the economic risk of loss under §1.752-2 of the Code because, for example, the Member or Related Person is the creditor or a guarantor. 1.33 Membership Interest - The rights of a Member or, in the case of an Assignee, the rights of the assigning Member in Distributions (liquidating or otherwise) and allocations of the profits, losses, gains, deductions, and credits of the Company. 1.34 Money - Cash or other legal tender of the United States, or any obligation that is immediately reducible to legal tender without delay or discount. Money shall be considered to have a fair market value equal to its face amount. 1.35 Net Losses - The losses and deductions of the Company determined in accordance with accounting principles consistently applied from year to year employed under the method of accounting adopted by the Company and as reported separately or in the aggregate, as appropriate, on the tax return of the Company filed for federal income tax purposes. 1.36 Net Profits - The income and gains of the Company determined in accordance with accounting principles consistently applied from year to year employed under the method of accounting adopted by the Company and as reported separately or in the aggregate, as appropriate, on the tax return of the Company filed for federal income tax purposes. 1.37 Nonrecourse Liabilities - Nonrecourse liabilities include Company Nonrecourse Liability and Member Nonrecourse Liabilities. 1.38 Notice - Notice shall be in writing. Notice to the Company shall be considered given when mailed by first class mail postage prepaid addressed to any Managing Member in care of the Company at the address of the Principal Office. Notice to a Member shall be considered given when mailed by first class mail postage prepaid addressed to the Member at the address reflected in the Operating Agreement unless the Member has given the Company a Notice of a different address. 1.39 Offsettable Decrease - Any allocation that unexpectedly causes or increases a deficit in the Member's Capital Account as of the end of the taxable year to which the allocation relates attributable to depletion allowances under § 1.704(b)(2)(iv)(k) of the Regulations, OPERATING AGREEMENT - 4 allocations of loss and deductions under §§704(e)(2) or 706 of the Code or under §1.751-1 of the Regulations, or distributions that, as of the end of the year are reasonably expected to be made to the extent they exceed the offsetting increases to such Member's Capital Account that reasonably are expected to occur during or (prior to) the taxable years in which such distributions are expected to be made (other than increases pursuant to a Minimum Gain Chargeback). 1.40 Operating Agreement - This Operating Agreement including all Subscription Agreements, if any, and amendments adopted in accordance with the Operating Agreement and the Act. 1.41 Organization -A Person other than a natural person. Organization includes, without limitation, corporations (both non-profit and other corporations), partnerships (both limited and general), joint ventures, limited liability companies, and unincorporated associations, but the term does not include joint tenancies and tenancies by the entirety. 1.42 Organization Expenses - Those expenses incurred in the organization of the Company including the costs of preparation of the Operating Agreement and Articles. 1.43 Proceeding - Any judicial or administrative trial, hearing or other activity, civil criminal or investigative, the result of which may be that a court, arbitrator, or governmental agency may enter a judgment, order, decree, or other determination which, if not appealed and reversed, would be binding upon the Company, a Member or other person subject to the jurisdiction of such court, arbitrator, or governmental agency. 1.44 Property -Any property real or personal, tangible or intangible, including money and any legal or equitable interest in such property, but excluding services and promises to perform services in the future. 1.45 Permitted Transferee - Any member of the Member's Immediate Family, or an Organization controlled by such Member or by members of the Member's Immediate Family. 1.46 Person - An individual, trust, estate, or any incorporated or unincorporated organization permitted to be a member of a limited liability company under the laws of the State. 1.47 Proceeding - Any administrative, judicial, or other adversary proceeding, including, without limitation, litigation, arbitration, administrative adjudication, mediation, and appeal or review of any of the foregoing. 1.48 Regulations - Except where the context indicates otherwise, the permanent, temporary, proposed, or proposed and temporary regulations of the Department of the Treasury under the Code as such regulations may be lawfully changed from time to time. OPERATING AGREEMENT - 5 1.49 Related Person - A person having a relationship to a Member that is described in § 1.751-4(b) of the Regulations. 1.50 Resignation - The act by which a Managing Member ceases to be a Managing Member. 1.51 Sharing Ratio - With respect to any Member, the percentage of ownership in the Company as specified on Exhibit A to this Operating Agreement. 1.52 Subscription Agreement -Agreement between a Member and the Company to fulfill the Commitment defined in 1.11 of this Article. 1.53 Substitute Member - An Assignee who has been admitted to all of the rights of membership pursuant to the Operating Agreement. 1.54 Taxable Year - The taxable year of the Company as determined pursuant to §706 of the Code. 1.55 Taxing Jurisdiction - Any state, local, or foreign government that collects tax, interest or penalties, however designated, on any Member's share of the income or gain attributable to the Company. ARTICLE H FORMATION 2.1 Organization - The Members hereby organize the Company as an Idaho limited liability company pursuant to the provisions of the Act. 2.2 Agreement - For and in consideration of the mutual covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Members executing the Operating Agreement hereby agree to the terms and conditions of the Operating Agreement, as it may from time to time be amended according to its terms. It is the express intention of the Members that the Operating Agreement shall be the sole source of agreement of the parties, and, except to the extent a provision of the Operating Agreement expressly incorporates federal income tax rules by reference to sections of the Code or Regulations or is expressly prohibited or ineffective under the Act, the Operating Agreement shall govern, even when inconsistent with, or different than, the provisions of the Act or any other law or rule. To the extent any provision of the Operating Agreement is prohibited or ineffective under the Act, the Operating Agreement shall be considered amended to the smallest degree possible in order to make the agreement effective under the Act. In the event the Act is subsequently amended or interpreted in such a way to make any provision of the Operating Agreement that was formerly invalid valid, such provision shall be considered to be valid from the effective date of such interpretation or amendment. OPERATING AGREEMENT - 6 2.3 Name - The name of the Company is OVERLAND STORAGE, LLC and all business of the Company shall be conducted under that name or under any other name, but in any case, only to the extent permitted by applicable law. 2.4 Effective Date - The Operating Agreement shall become effective upon the earlier of the filing and acceptance of the same with the Secretary of State of Idaho or the date of execution of the Operating Agreement. 2.5 Term - The Company shall be dissolved and its affairs wound up in accordance with the Act and the Operating Agreement on , 2019, unless the term shall be extended by amendment to the Operating Agreement and the Articles of Organization, or unless the Company shall be sooner dissolved and its affairs wound up in accordance with the Act or the Operating Agreement. 2.6 Registered Agent and Office - The registered agent for the service of process and the registered office shall be that Person and location reflected in the Articles as filed in the office of the Secretary of State. The Managing Members, may, from time to time, change the registered agent or office through appropriate filings with the Secretary of State. If the Managing Members shall fail to designate a replacement registered agent or change of address of the registered office, any Member may designate a replacement registered agent or file a notice of change of address through appropriate filings with the Secretary of State. 2.7 Principal Office - The Principal Office of the Company shall be located at 2825 Hillcrest Lane, Caldwell, Idaho 83605. ARTICLE III NATURE OF BUSINESS 3.1 The Company may engage in any lawful business permitted by the Act or the laws of any jurisdiction in which the Company may do business. The Company shall have the authority to do all things necessary or convenient to accomplish its purpose and operate its business as described in this Article III. ARTICLE IV ACCOUNTING AND RECORDS 4.1 Records to be Maintained - The Company shall maintain the following records and information, at the Principal Office: A. A current and past list, setting forth the full name and last known mailing address of each member and manager, OPERATING AGREEMENT - 7 B. A copy of the Articles of Organization and all amendments thereto, together with executed copies of any powers of attorney pursuant to which any articles have been executed; C. Copies of the Company's federal, foreign, state and local income tax returns and reports, if any, for the three most recent years; D. Copies of the Operating Agreement including all amendments thereto and copies of any written operating agreement no longer in effect; E. Any financial statements of the Company for the three most recent years; F. A writing or other data compilation from which information can be obtained through retrieval devices into reasonably usable form setting forth the following: (i) the amount of cash and a description and statement of the agreed value of the other property or services contributed by each Member and which each Member has agreed to contribute; the times at which or events on the happening of which any additional Commitments agreed to be made by each Member are to be made; any right of a Member to receive, or of the Company to make, distributions to a Member which include a return of all or any part of the Member's Capital Contributions; and (iv) any events upon the happening of which the Company is to be dissolved and its affairs wound up. 4.2 Reports to Members: A. The Managing Members shall provide reports at least annually to the Members other than Assignees at such time and in such manner as the Managing Members may determine reasonable. B. The Managing Members shall provide all Members with those information returns required by the Code and the laws of any state in which the Company operates. 4.3 Accounts - The Managing Members shall maintain a record of Capital Account for each Member in accordance with Article VIII. OPERATING AGREEMENT - 8 ARTICLE V NAMES AND ADDRESSES OF MEMBERS 5.1 The names and addresses of the Initial Members are as reflected on Exhibit A attached hereto and by this reference made a part hereof as if set forth fully herein. ARTICLE VI RIGHTS AND DUTIES OF MEMBERS 6.1 Management Rights - All Members (other than Assignees) who have not Dissociated shall be entitled to vote on any matter submitted to a vote of the Members. The following actions require the consent of all of the Members: A. any amendment to this Operating Agreement; B. the admission of Assignees to Management Rights; C. the continuation of the Company after a Dissolution Event. D. the authorization of a Managing Member or Member to do any act on behalf of the Company that contravenes the Operating Agreement which shall require unanimous consent of the Members. 6.2 Majority - Whenever any matter is required or allowed to be approved by a Majority of the Members or a Majority of the Remaining Members under the Act or the Operating Agreement, such matter shall be considered approved or consented to upon the receipt of the affirmative approval or consent, either in writing or at a meeting of the Members, of Members having Sharing Ratios in excess of one half of the Sharing Ratios of all the Members entitled to vote on a particular matter. Assignees and, in the case of approvals to withdrawal where consent of the remaining Members is required, dissociating Members shall not be considered Members entitled to vote for the purpose of determining a Majority. In the case of a Member who has Disposed of that Member's entire Membership Interest to an Assignee, but has not been removed as provided below, the Sharing Ratio of such Assignee shall be considered in determining a Majority and such Member's vote or consent shall be determined by such Sharing Ratio. 6.3 Liability of Members - No person solely by virtue of his/herrts Member status shall be liable as such for the liabilities of the Company. The failure of a limited liability company to observe any formalities or requirements relating to the exercise of its powers or management of its business or affairs under this agreement or the Act shall not be grounds for imposing personal liability on the members or managers for liabilities of the limited liability company. OPERATING AGREEMENT - 9 6.4 Indemnifications - The Company shall indemnify the Members, Managing Members, and agents for all costs, losses, liabilities and damages paid or accrued by such Member, Manager or agent in connection with the business of the Company, to the fullest extent provided or allowed by the laws of the State. 6.5 Representations and Warranties - Each member, and in the case of an organization, the person(s) executing the Operating Agreement on behalf of the organization, hereby represents and warrants to the Company and each other Member that: (a) if that Member is an organization, that it is duly organized validly existing, and in good standing under the law of its state of organization and that it has full organizational power to execute and agree to the Operating Agreement to perform its obligations hereunder; (b) that the Member is acquiring its interest in the Company for the Member's own account as an investment and without an intent to distribute the interest; (c) the Member acknowledges that the interests have not been registered under the Securities Act of 1933 or any state securities laws, and may not be resold or transferred by the Member without appropriate registration or the availability of an exemption from such requirements. 6.6 Conflicts of Interest - A A Member, including a Managing Member, shall be entitled to enter into transactions that may be considered to be competitive with, or a business opportunity that may be beneficial to, the Company, it being expressly understood that some of the Members may enter into transactions that are similar to the transactions into which the Company may enter. Notwithstanding the foregoing, Members shall account to the Company and hold as trustee for it any property, profit, or benefit derived by the Member, without the consent of the other Members, in the conduct and winding up of the Company business or from a use or appropriation by the Member of Company property including information developed exclusively for the Company and opportunities expressly offered to the Company. B. A Member, including a Managing Member. does not violate a duty or obligation to the Company merely because the Member's conduct furthers the Member's own interest. A Member may lend money to and transact other business with the Company. The rights and obligations of a Member who lends money to or transacts business with the Company are the same as those of a person who is not a Member, subject to other applicable law. No transaction with the Company shall be voidable solely because a Member has a direct or indirect interest in the transaction if either the transaction is fair to the Company or the disinterested Managing Members or disinterested Members, in either case knowing the material facts of the transaction and the Member's interest, authorize, approve, or ratify the transaction. OPERATING AGREEMENT - 10 ARTICLE VII MANAGING MEMBERS 7.1 Original Managing Members - The ordinary and usual decisions concerning the business affairs of the Company shall be made by the Managing Members. There shall be three Managing Members who must be Members of the Company. The initial Managing Members shall be: John W Grunenwald Michael Bledsoe Joseph D. Ballenger, Jr. 7.2 Term of Office as Managing Member - No Managing Member shall have any contractual right to such position. Each Managing Member shall serve until the earliest of.- A- f: A. the Dissociation of such Managing Member; B. removal of the Managing Member. C. the voluntary withdrawal as a Managing Member by a Member. 7.3 Authority of Members to Bind the Company - The Members hereby agree that only the Managing Members and authorized agents of the Company shall have the authority to bind the Company. No Member other than a Managing Member shall take any action as a Member to bind the Company, and each Member shall indemnify the Company for any costs or damages incurred by the Company as a result of the unauthorized action of such Member. Each Managing Member has the power, on behalf of the Company, to do all things necessary or convenient to carry out the business and affairs of the Company, including, without limitation: A. the institution, prosecution and defense of any Proceeding in the Company's name; B. the purchase, receipt, lease or other acquisition, ownership, holding, improvement, use and other dealing with, Property, wherever located; C. the sale, conveyance, mortgage, pledge, lease, exchange, and other disposition of Property; D. the entering into contracts and guaranties; incurring of liabilities; borrowing money, issuance of notes, bonds, and other obligations; and the securing of any of its obligations by mortgage or pledge of any of its Property or income; OPERATING AGREEMENT - 11 E. the lending of money, investment and reinvestment of the Company's funds, and receipt and holding of Property as security for repayment, including, without limitation, the loaning of money to, and otherwise helping Members, officers, employees, and agents; F. the conduct ofthe Company's business, the establishment of Company offices, and the exercise of the powers of the Company within or without the State; G. the appointment of employees and agents of the Company, the defining of their duties, the establishment of their compensation; H. the payment of pensions and establishment of pension plans, pension trusts, profit sharing plans, and benefit and incentive plans for all or any of the current or former Members, employees, and agents of the Company; I. the making of donations to the public welfare or for religious, charitable, scientific, literary or educational purposes; J. the payment or donation, or any other act that furthers the business and affairs of the Company; K. the payment of compensation, or additional compensation to any or all Members, and employees on account of services previously rendered to the limited liability company, whether or not an agreement to pay such compensation was made before such services were rendered; L. the purchase of insurance on the He of any of its Members, or employees for the benefit of the Company; M. the participation in partnership agreements, joint ventures, or other associations of any kind with any person or persons; N. the indemnification of Members or any other Person. 7.4 Actions of the Managing Members - Each Managing Member has the power to bind the Company as provided in this Article VII. Any difference arising as to any matter within the Authority of the Managing Members shall be decided by a majority in number of the Managing Members. No act of a Member in contravention of such determination shall bind the Company to Persons having knowledge of such determination. Notwithstanding such determination, the act of a Managing Member for the purpose of apparently carrying on the usual way of business or affairs of the Company, including the exercise of the authority indicated in this Article VII, no person dealing with the Company shall have any obligation to inquire into the power or authority of the Managing Member acting on behalf of the Company. OPERATING AGREEMENT -12 7.5 Compensation ofManaging Member -Each Managing Member shallbe reimbursed all reasonable expenses incurred in managing the Company and shall be entitled to compensation, in an amount to be determined from time to time by the affirmative vote of a Majority of the Members. 7.6 Managing Members' Standard of Care - A Managing Member's duty of care in the discharge of the Managing Member's duties to the Company and the other Members is limited to refraining from engaging in grossly negligent or reckless conduct, intentional misconduct, or a knowing violation of law. In discharging its duties, a Managing Member shall be fully protected in relying in good faith upon the records required to be maintained under Article IV and upon such information, opinions, reports or statements by any of its other Managing Members, Members, or agents, or by any other person, as to matters the Managing Member reasonably believes are within such other person's professional or expert competence and who has been selected with reasonable care by or on behalf of the Company, including information, opinions, reports or statements as to the value and amount of the assets, liabilities, profits or losses of the Company or any other facts pertinent to the existence and amount of assets from which distributions to members might properly be paid. 7.7 Removal of Managing Member - Any Managing Member may be removed by the affirmative vote of a Majority of the Members. ARTICLE VIII CONTRIBUTIONS AND CAPITAL ACCOUNTS 8.1 Initial Contributions - Each Initial Member shall make the Capital Contribution described for that Member on Exhibit A at the time and on the terms specified on Exhibit A and shall perform that Member's Commitment. If no time for contribution is specified, the Capital Contributions shall be made upon the filing of the Articles of Organization with the Secretary of State. The value of the Capital Contributions shall be as set forth on Exhibit A No interest shall accrue on any Capital Contribution and no Member shall have the right to withdraw or be repaid any Capital Contribution except as provided in this Operating Agreement. Each Additional Member shall make the Initial Capital Contribution described in the Admission Agreement. The value of the Additional Member's Initial Capital Contribution and the time for making such contribution shall be set forth in the in Exhibit A to this Operating Agreement. 8.2 Additional Contributions - In addition to the Initial Capital Contributions and Commitments, the Managing Members may determine from time to time that additional contributions are needed to enable the Company to conduct its business. Upon making such a determination, the Managing Members shall give Notice to all Members in writing at least ten Business Days prior to the date on which such contribution is due. Such Notice shall set forth the amount of additional contribution needed, the purpose for which the contribution is needed, and the date by which the Members should contribute. Each Member shall be entitled to contribute a OPERATING AGREEMENT -13 proportionate share of such additional contribution. Except to the extent of a Member's unpaid Commitment, no Member shall be obligated to make any such additional contributions. In the event any one or more Members do not make their additional contribution, the other members shall be given the opportunity to make the contributions. Each Additional Member shall make the Capital Contribution to which such Member has agreed, at the time or times and upon the terms to which the Managing Members and the Additional Member agree. If the amounts of member contributions become unequal, the capitol accounts will be adjusted to reflect the new sharing ratios. 8.3 Enforcement of Commitments - In the event any Member (a Delinquent Member) fails to perform the Delinquent Member's Commitment, the Managing Members shall give the Delinquent Member a Notice of the failure to meet the Commitment. If the Delinquent Member fails to perform the Commitment (including any costs associated with the failure to demand compliance with the Commitment and interest on such obligation at the Default Interest Rate) within ten Business days of the giving of Notice, the managing Members may take such action, including but not limited to enforcing the Commitment in the court of appropriate jurisdiction in the state in which the Principal Office is located or the state of the Delinquent Member's address as reflected in the Operating Agreement. Each Member expressly agrees to the jurisdiction of such courts but only for the enforcement of Commitments. The Managing Members may elect to allow the other Members to contribute the amount of the Commitment in proportion to such Members' Sharing Ratios, with those Members who contribute (Contributing Members) to contribute additional amounts equal to any amount of the Commitment not contributed. The Contributing Members shall be entitled to treat the amounts contributed pursuant to this section as a loan from the Contributing Members bearing interest at the Default Interest Rate secured by the Delinquent Member's interest in the Company. Until they are fully repaid, the Contributing Members shall be entitled to all Distributions to which the Delinquent Member would have been entitled. Notwithstanding the foregoing, no Commitment or other obligation to make an additional contribution may be enforced by a creditor of the company unless the Member expressly consents to such enforcement or to the assignment of the obligation to such creditor. 8.4 Maintenance of Capital Accounts - The Company shall establish and maintain Capital Accounts for each Member and Assignee. Each Member's Capital Account shall be increased by (1) the amount of any Money actually contributed by the Member to the capital of the Company, (2) the fair market value of any Property contributed, as determined by the Company and the contributing Member at arm's length at the time of contribution (net of liabilities assumed by the Company or net of liabilities which the Company takes such Property subject to, within the meaning of §752 of the Code), and (3) the Member's share of Net Profits and of any separately allocated items of income or gain except adjustments of the Code (including any gain and income from unrealized income with respect to accounts receivable allocated to the Member to reflect the difference between the book value and tax basis of assets OPERATING AGREEMENT -14 contributed by the Member). Each Member's Capital Account shall be decreased by (1) the amount of any Money actually distributed to the Member, (2) the fair market value of any Property distributed to the Member, as determined by the Company and the contributing Members at arm's length value at the time of distribution (net of liabilities of the Company assumed by the Member or net of liabilities which the Member takes such Property subject to within the meaning of §752 of the Code), and (3) the Member's share of Net Losses and of any separately allocated items of deduction or loss (including any loss or deduction allocated to the Member to reflect the difference between the book value and tax basis of assets contributed by the Member). 8.5 Distribution of Assets - If the Company at any time distributes any of its assets in- kind to any Member, the Capital account of each Member shall be adjusted to account for that Member's allocable share (as determined under Article IX below) of the Net Profits or Net Losses that would have been realized by the Company had it sold the assets that were distributed at their respective fair market values immediately prior to their distribution. 8.6 Sale or Exchange of Interest - In the event of a sale or exchange of some or all of a Member's Interest in the Company, the Capital Account of the Transferring Member shall become the capital account of the Assignee, to the extent it relates to the portion of the Interest Transferred. 8.7 Compliance with Section 704(b) of the Code - The provisions of this Article VIII as they relate to the maintenance of Capital Accounts are intended, and shall be construed, and, if necessary, modified to cause the allocations of profits, losses, income, gain and credit pursuant to Article IX to have substantial economic effect under the Regulations promulgated under §704(b) of the Code, in light of the distributions made pursuant to Articles IX and XIV and the Capital Contributions made pursuant to this Article VIII. Notwithstanding anything herein to the contrary, this Operating Agreement shall not be construed as creating a deficit restoration obligation or otherwise personally obligate any Member to make a Capital Contribution in excess of the Initial Contribution. ARTICLE IX ALLOCATIONS AND DISTRIBUTIONS 9.1 Allocations of Net Profits and Net Losses from Operations - Except as may be required by §704(c) of the Code, and §§2, 3, and 4 of this Article lx, net profits, net losses, and other items of income, gain, loss, deduction and credit shall be apportioned among the Members in proportion to their Sharing Ratios. 9.2 Company Minimum Gain Chargeback - If there is a net decrease in Company Minimum Gain for a Taxable Year, each Member must be allocated items of income and gain for that Taxable Year equal to that Member's share of the net decrease in OPERATING AGREEMENT -15 Company Minimum Gain. A Member's share of the net decrease in Company Minimum Gain is the amount of the total net decrease multiplied by the Member's percentage share of the Company Minimum Gain at the end of the immediately preceding Taxable Year. A Member's share of any decrease in Company Minimum Gain resulting from a revaluation of Company Property equals the increase in the Member's Capital Account attributable to the revaluation to the extent the reduction in minimum gain is caused by the revaluation. A Member is not subject to the Company Minimum Gain Chargeback Requirement to the extent the Member's share of the net decrease in Company Minimum Gain is caused by a guarantee, refinancing, or other change in the debt instrument causing it to become partially or wholly a Recourse Liability or a Member Nonrecourse Liability, and the Member bears the economic risk of loss (within the meaning of §1.752-2 of the regulations) for the newly guaranteed, refinanced, or otherwise changed liability. 9.3 Member Minimum Gain Chargeback - If during a Taxable Year there is a net decrease in Member Minimum Gain, any Member with a share of that Member Minimum Gain (as determined under §1.704-2(i)(5) of the Regulations) as of the beginning of that Taxable Year must be allocated items of income and gain for that Taxable Year (and, if necessary, for succeeding Taxable Years) equal to that Member's share of the net decrease in the Company Minimum Gain. A Member's share of the net decrease in Member Minimum Gain is determined in a manner consistent with the provisions of paragraph (g)(2) of this section. A Member is not subject to this Member Minimum Gain Chargeback, however, to the extent the net decrease in Member Minimum Gain arises because the liability ceases to be Member Nonrecourse Liability due to a conversion, refinancing, or other change in the debt instrument that causes it to become partially or wholly a Company Nonrecourse Liability. The amount that would otherwise be subject to the Member Minimum Gain Chargeback is added to the Member's share of Company Minimum Gain. In addition, rules consistent with those applicable to Company Minimum Gain shall be applied to determine the shares of Member Minimum Gain and Member Minimum Gain Chargeback to the extent provided under the Regulations issued pursuant to §704(b) of the Code. 9.4 Qualified Income Offset - In the event any Member, in such capacity, unexpectedly receives an Offsettable Decrease, such Member will be allocated items of income and gain (consisting of a pro rata portion of each item of the Company's income and gain for such year) in an amount and manner sufficient to offset such Offsettable Decrease as quickly as possible. 9.5 Interim Distributions - From time to time, the Managing Members shall determine in their reasonable judgment to what extent, if any, the Company's cash on hand exceeds the current and anticipated needs, including, without limitation, needs for operating expenses, debt service, acquisitions, reserves, and mandatory distributions, if any. To the extent such excess exists, the Managing Members may make distributions to the Members in accordance with their Sharing Ratios. Such OPERATING AGREEMENT -16 distributions shall be in cash or Property (which need not be distrusted proportionately) or partly in both, as determined by the Managing Members. ARTICLE X TAXES 10.1 Elections - The Managing Members may make any tax elections for the Company allowed under the Code or the tax laws of any state or other jurisdiction having taxing jurisdiction over the Company. 10.2 Taxes of Taxing Jurisdictions - To the extent that the laws of any Taxing Jurisdiction requires, each Member requested to do so by the Managing Members will submit an agreement indicating that the Member will make timely income tax payments to the Taxing Jurisdiction and that the Member accepts personal jurisdiction of the Taxing Jurisdiction with regard to the collection of income taxes attributable to the Member's income, and interest, and penalties assessed on such income. If the Member fails to provide such agreement, the Company may withhold and pay over to such Taxing Jurisdiction the amount of tax, penalty and interest determined under the laws of the Taxing Jurisdiction with respect to such income. Any such payments with respect to the income of a Member shall be treated as a distribution for purposes of Article IX. The Managing Members may, where permitted by the rules of any Taxing Jurisdiction, file a composite, combined or aggregate tax return reflecting the income of the Company and pay the tax, interest and penalties of some or all of the members on such income to the Taxing Jurisdiction, in which case the Company shall inform the Members of the amount of such tax interest and penalties so paid. 10.3 Tax Matters Partner - The Managing Members shall designate one of their number or, if there are no Managing Members eligible to act as tax matters partner any other Member, as the tax matters partner of the Company pursuant to §6231(a)(7) of the Code. Any Member designated as tax matters partner shall take such action as may be necessary to cause each other Member to become a notice partner within the meaning of §6223 of the Code. Any Member who is designated tax matter partner may not take any action contemplated by §§6222 through 6232 of the Code without the consent of the Managing Members. 10.4 Cash Method of Accounting - The records of the Company shall be maintained on a cash receipt and disbursements method of accounting. ARTICLE XI DISPOSITION OF MEMBERSHIP INTERESTS 11.1 Disposition - Any Member or Assignee may dispose of all or a portion of the Member's or Assignee's Membership Interest upon compliance with this Article 11. No Membership Interest shall be Disposed of OPERATING AGREEMENT -17 A. by sale or exchange, to third parties without the written consent of all other members; B. if such disposition, alone or when combined with other transactions, would result in a termination of the Company within the meaning of §708 of the Code; C. if the Managing Members request an opinion of counsel, such opinion of counsel must be satisfactory to the Managing Members and opine that such assignment is subject to an effective registration under the applicable state and federal securities laws; or exempt from such registration requirements; D. unless and until the Company receives from the Assignee the information and agreements that the Managing Members may reasonably require, including but not limited to any taxpayer identification number and any agreement that may be required by any Taxing Jurisdiction. 11.2 Dispositions not in Compliance with this Article Void -Any attempted Disposition of a Membership Interest, or any part thereof; not in compliance with this Article is null and void. ARTICLE XII DISSOCIATION OF A MEMBER 12.1 Dissociation -A Person shall cease to be a Member upon the happening of any of the following events: A. The member withdraws by voluntary act from the Company by giving thirty (30) days Notice to the Managing Members. B. The member ceases to be a member of the Company due to the assignment of all of such Member's interest in the Company and the Assignee has become a Substitute Member. C. The member is removed as a member by an affirmative vote of a Majority of the members who have not assigned their interests when the member assigns all of his interest in the Company. D. Except where the Member obtains the written consent of all Members at the time, the Member (i) makes an assignment for the benefit of creditors; (ii) files a voluntary petition in bankruptcy; (iii) is adjudicated a bankrupt or insolvent; (iv) files a petition or answer seeking for the member any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law or regulation; (v) files an answer or other pleading admitting or failing to contest the material allegations of a petition filed against the Member in any proceeding of this nature; or (vi) seeks, OPERATING AGREEMENT -18 consents to, or acquiesces to the appointment of a trustee, receiver or liquidator of the Member or of all or any substantial part of the Member's properties. E. Except where the Member obtains the written consent of all Members at the time, if within one hundred twenty (120) days after the commencement of any proceeding against the Member seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar reliefunder any statute, law or regulation, the proceeding has not been dismissed, or if within one hundred twenty (120) days after the appointment without his consent or acquiescence of a trustee, receiver or liquidator of the member or of all or any substantial part of his properties, the appointment is not vacated or stayed or if within one hundred twenty (120) days after the expiration of any stay, the appointment is not vacated. F. Except where the Member obtains the written consent of all Members at the time, in the case of a Member who is an individual; (i) The member's death; or The entry of an order by a court of competent jurisdiction adjudicating the member incompetent to manage his person or estate. G. Except where the Member obtains the written consent of all Members at the time, in the case of a Member who is a trust or is acting as a Member by virtue of being a trustee of a trust, the termination of the trust, but not merely the substitution of a new trustee. H. Except where the Member obtains the written consent of all Members at the time, in the case of a Member that is a separate limited liability company, the dissolution and commencement of winding up of the separate limited liability company. I. Except where the Member obtains the written consent of all Members at the time, in the case of a Member that is a corporation, the filing of articles of dissolution or forfeiture of its corporate powers or right to do business; J. Except where the Member obtains the written consent of all Members at the time, in the case of an estate, the distribution by the fiduciary of the estate's entire interest in the Company. K. In the case of a professional services limited liability company, restrictions or limitations are placed upon a Member's ability to continue to render professional services as described in section 53-614(5), Idaho Code. OPERATING AGREEMENT -19 12.2 Rights of Dissociating Member - In the event any Member dissociates prior to the expiration of the Term: A. if the dissociation causes a dissolution and winding up of the Company under Article XIV, the Member shall be entitled to participate in the winding up of the Company to the same extent as any other Member except that any Distributions to which the Member would have been entitled shall be reduced by the damages sustained by the Company as a result of the Dissolution caused by the dissociation and winding up; B. if the dissociation does not cause a dissolution and winding up of the Company under Article XIV and the event of dissolution is either 12.1.C. or 12. l .F., the Member shall be entitled to an amount equal to the value of the Member's Membership Interest in the Company, to be paid within six months of the date of dissociation. As to all other events of dissolution defined in Article XII, Section 12.1 which do not cause a dissolution, the dissociated Member shall be entitled to receive an amount equal to the Member's Membership Interest in the Company, to be paid when the Company is dissolved and wound up in accordance with Article XIV. The value of the Member's Membership Interest shall include the amount of any Distributions to which the Member is entitled under the Operating Agreement and the fair value of the Member's Membership Interest as of the date of dissociation based upon the Member's right to share in distributions from the Company reduced by any damages sustained by the Company as a result of the Member's dissociation. ARTICLE XIII ADMISSION OF ASSIGNEES AND ADDITIONAL MEMBERS 13.1 Rights of Assignees - The Assignee of a Membership Interest has no right to participate in the management of the business and affairs of the Company or to become a Distributions and return of capital, and to be allocated the Net Profits and Net Losses attributable the Membership Interest. 13.2 Admission of Substitute Members - An Assignee of a Membership Interest shall be admitted as a Substitute Member and admitted to all the rights of the Member who initially assigned the Membership Interest only with the approval of all the Members. If so admitted, the Substitute Member has all the rights and powers and is subject to all the restrictions and liabilities of the Member originally assigning the Membership Interest. The admission of a Substitute Member, without more, shall not release the Member originally assigning the Membership Interest from any liability to the Company that may have existed prior to the approval. OPERATING AGREEMENT - 20 k 13.3 Admission of Additional Members - The Managing Members may permit the admission of Additional Members and determine the Capital Contributions of such Members only upon the approval of a Majority of the Members. ARTICLE XIV DISSOLUTION AND WINDING UP 14.1 Dissolution - The Company shall be dissolved and its affairs wound up, upon the first to occur of the following events (which, unless the Members agree to continue the business, shall constitute Dissolution Events): A. the expiration of the Term, unless the business of the Company is continued with the consent of all of the Members; B. the unanimous written consent of all of the Members; C. the Dissociation of any Managing Member, unless the business of the Company is continued with the consent of all of the remaining Members within 90 days after such Dissociation; D. the entry of a decree of judicial dissolution. 14.2 Effect of Dissolution - Upon dissolution, the Company shall cease carrying on as distinguished from the winding up of the Company business, but the Company is not terminated, but continues until the winding up of the affairs of the Company is completed and the Certificate ofDissolution has been issued by the Secretary of State. 14.3 Distribution of Assets on Dissolution - Upon the winding up of the Company, the Company Property shall be distributed: A. to creditors, including Members who are creditors, to the extent permitted by law, in satisfaction of Company Liabilities; B. to Members in accordance with positive Capital Account balances taking into account all Capital Account adjustments for the Company's taxable year in which the liquidation occurs. Liquidation proceeds shall be paid within 60 days of the end of the Company's taxable year or, if later, within 90 days after the date of liquidation. Such distributions shall be in cash or Property (which need not be distributed proportionately) or partly in both, as determined by the Managing Members. 14.4 Winding Up and Certificate of Dissolution - The winding up of a limited liability company shall be completed when all debts, liabilities, and obligations of the limited liability company have been paid and discharged or reasonably adequate provision therefor has been made, and all of the remaining property and assets of the limited OPERATING AGREEMENT - 21 liability company have been distributed to the members. Upon the completion of winding up of the Company, a certificate of dissolution shall be delivered to the Secretary of State for filing. The certificate of dissolution shall set forth the information required by the Act. ARTICLE XV AMENDMENT 15.1 Operating Agreement May Be Modred - The Operating Agreement may be modified as provided in this Article XV (as the same may, from time to time be amended). 15.2 Amendment or Modification of Operating Agreement -The Operating Agreement may be amended or modified from time to time only by a written instrument adopted and executed by all of the Members. ARTICLE XVI MISCELLANEOUS PROVISIONS 16.1 Entire Agreement - The Operating Agreement represents the entire agreement among all the Members and between the Members and the Company. 16.2 No Partnership Intended for Nontax Purposes - The Members have formed the Company under the Act, and expressly do not intend hereby to form a partnership under either the State Uniform Partnership Act nor the State Uniform Limited Partnership Act. The Members do not intend to be partners one to another, or partners as to any third party. To the extent any Member, by word or action, represents to another person that any other Member is a partner or that the Company is a partnership, the Member making such wrongful representation shall be liable to any other Member who incurs personal liability by reason of such wrongful representation. 16.3 Rights of Creditors and Third Parties under Operating Agreement - The Operating Agreement is entered into among the Company and the Members for the exclusive benefit of the Company, its Members, and their successors and assignees. The Operating Agreement is expressly not intended for the benefit of any creditor of the Company or any other Person. Except and only to the extent provided by applicable statute, no such creditor or third party shall have any rights under the Operating Agreement or any agreement between the Company and any Member with respect to any Capital Contribution or otherwise. OPERATING AGREEMENT - 22 0 I►If UIC ' John W. Grunenwald 2825 Hillcrest Lane Caldwell, Idaho 83605 *Michael Bledsoe 1322 Torrey Ln Nampa, Idaho 83686 Joseph D. Ballenger, Jr. 1023 Augusta Dr. Nampa, Idaho 83686 Exhibit "A" WHIAL CONTRIBUTIONNALUE $2,500.00 INTEREST 33 1/3% $2,500.00 33 1/3% $2,500.00 33 1/3 % *Michael Bledsoe additionally conveys all of his right, title and interest in that certain Real Estate Purchase and Sale Agreement and Receipt for Earnest Money dated March 29, 1999, equally to each member who in turn assigns it to Overland Storage, LLC. OPERATING AGREEMENT - 24 LANDSCAPE PLAN FOR scMF RB�s ` OVERLAND MINI—STORAGE SU�WVISION iLL G W T 2 - z11. 509 50 ,� iOT.I MG M PRBPOSFO OPCR P.oE rt. 12.3)6 50. rt. ..� �. �:� 1 fooprR - e.'n5a �' S6 TREES (03 PROPOSFO). _ `� w��'�• W��_ % , SWRRE f00iRGE BdLdM0Y51 M�51 1 W n�500 50. rt. • _ _ �- �` M� ^ - ��:a'sr�av .Bn. ccm>_�zrcnrcrni• CONIFER TREE PLANTING DETAIL DECIDUOUS TREE PLANTING DETAIL FENCING PLAN FOR OVERIA"'� MINI—STORAGE SUBDIVISION �1 ____________,�y_______a_______ BLOCK 1 LOT 2 f OVERLAND MINI -STORAGE SUBDIVISION d LOT1 LOT 3 LOT 4 CL W. OVERLAND ROAD ]PINNACLE Engineers, 1111C. TO: Shari Stiles, Planning and Zoning Administrator City of Meridian 200 E. Carlton, Suite 201 Meridian, Idaho 83642 DATE: February 3, 2000 RE: Final Plat of Overland Mini -Storage Subdivision Ms. Stiles: Please accept the attached application forms and plat copies of the above referenced subdivision for review and approval by the City Council. The plat is currently being circulated to the various agencies for approval and will be ready for the City's signature within the next few weeks. Three copies of the final engineering construction drawings will be forwarded to the City Engineer. This final plat is in conformance with and/or meets all of the conditions of approval, the City of Meridian Subdivision Ordinance and Comprehensive Plan. The plat is also in conformance with acceptable engineering, architectural and surveying practices and local standards. In addition, we are providing the required fee of $40.00 (4 lots @ $10.00 per lot). If you have any questions or concerns about this application, please contact me at (208) 887- 7760. Sincerely, obert C. Unger Project Manager cc: File #C996116 Mike Bledsoe 870 NORTH LINDER SUITE B - MERIDIAN, IDAHO 83642 1 (208) 887-7760 , FAX (208) 887-7781 l REQUEST FOR SUBDIVISION APROVAL FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning & Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month that the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision: OVERLAND MINISTORAGE SUB. 2. General Location1230 E. OVERLAND RD, MERIDIAN (LOTS 5 & 6. BLOCK 1 TIMOTHY SUBDIVISION 3. Owners of Record: HOYT C. DOBSON Address:600 W. 76TH AVE.. APT 303, ANCHORAGE AK ,Zip99518 Telephone UNK_ 4. Applicant:–OVERLAND STORAGE, L.L.C. Address: 1322 TORREY LANE, NAMPA ID ,Zip 83686Telephone 465-5043_ 5. Engineer: DAVID BAILEY / BOB UNGER Firm: PINNACLE ENGINEERS, INC. 6. Name and address to receive City billings Name: OVERLAND STORAGE L.L.C. Address 1322 TORREY LANE, NAMPA ID 83686 Telephone 465-5043 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 7.25_ 2. Number of building lots: 4 3. Number of other lots: 0 4. Gross Density per acre: 1.81 5. Net density per acre: 1.81 6. Zoning Classification(s): PROPOSED C -G 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? N/A 8. Does the plat border a potential green belt? NO 9. Have recreational easements been provided for? NO 10. Are there proposed recreational amenities to the City? NO 11. Are there proposed dedications of common areas? NO—Explain For future parks? NO Explains '1-14N el%N 12. What school(s) the ares? MERIDIAN Do you propose any agreements for future school sites? Explain 13. Are there any other proposed amenities to the City? NO Explain 14. Type of Building (Residential, Commercial, Industrial combination): COMMERCIAL 15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): N/A 16. Proposed Development features: a. Minimum square footage of lot(s):_33,075 SO. FT. b. Minimum square footage of structure(s):_2,550 SO. FT. C. Are garages provided for? NO Square footage: N/A d. Has landscaping been provided for? YES Describe: A 20' WIDE LANDSCAPE BUFFER IS BEING PROVIDED ALONG OVERLAND ROAD AND TREES ON THE NORTH, EAST, AND WEST BOUNDARIES e. Will trees be provided for? YES _Will trees be maintained? YES f. Are sprinkler systems provided for? YES g. Are there multiple units? NO Types: h. Are there special set back requirements? NO Explain: Has off street parking been provided for? NO Explain: OFF STREET PARKING FOR LOTS 1, 3, & 4 WILL BE ADDRESSED UNDER SEPERATE CONDITIONAL USES AS THE LOTS ARE DEVELOPED i. Value range of property: UNK j. Type of financing for development: DEVELOPMENT LOAN k. Were protective covenants submitted? YES Date: 17. Does the proposal land lock other property? NO Does it create Enclaves? NO CITY OF MERIDIAN ,rte PLANNING & ZONING DEPARTMENT �r ®� ®� LETTER OF TRANSMITTAL March 17, 2000 To: Will Berg From: Steve Siddoway Subject: Overland Mini Storage Subdivision — Final Plat Remarks: The Final Application packet is now complete as of 3/17/2000. A hearing date with City Council is requested for April 18, 2000. Copy to: File Signed: �& 200 E. Carlton, Ste. 100 Meridian, Idaho 83642 (208) 884-5533 Fax (208) 887-1297 CITY CLERK FILE CHECKLIST Project Name: "U��'��� ��� M a l File Number: Planning and Zoning Level: o Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: Hearing date: l v f A` / / and / ❑ Certifieds to property owners: ❑ Planning and Zoning Commission Recommends: ❑ Approve ❑ Deny Notes: City Council Level: Hearing date: Antl I , ZOO (ur/ Transmittals to agencies and others: / �vz 1,2(' Notice to newspaper with publish dates: / / and LpK Certifieds to property owners: ❑ City Council Action: ❑ Approve ❑ Deny on: ❑ Findings / Conclusions / Order received from attorney on: Resolutions: Original Res / Copy Cert: Minutebook Copy Res / Copy Cert: City Clerk City Engineer City Planner City Attorney Sterling Codifiers Project File Copy Res / Original Cert: Ade County (CPAs) Applicant (non -CPAs) Recorded Ordinances: Original: Minutebook Copies to: City Clerk State Tax Comm. Sterling Codifiers City Attorney City Engineer City Planner Project file Applicant (if appl.) Findings / Orders: Original: Minutebook Copies to: Applicant Project file City Engineer City Planner City Attorney •" Record Vacation Findings " Recorded Development Agreements: Original: Fireproof File Copies to: Applicant Project file City Engineer City Planner City Attorney ❑ Findings / Conclusions / Order: ❑ Approved by Council: ❑ Copies disbursed: ❑ Findings recorded (if appl.) ❑ Development Agreement: ❑ Sent for signatures: ❑ Signed by all parties: ❑ Approved by Council: ❑ Recorded: ❑ Copies disbursed: ❑ Ordinance No. and / or Resolution No. ❑ Approved by Council: ❑ Recorded: ❑ Published in newspaper: / ❑ Copies disbursed: Notes: IV © YLUf7 L �S G'Y i t l; C,I-k (rte FP MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 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 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 7, 2000 TRANSMITTAL DATE: March 22, 2000 HEARING DATE: April 18, 2000 FILE NUMBER: FP 00-005 REQUEST: Final plat for Overland Mini Storage Subdivision of 7.25 acres with 4 building lots in proposed C -G zone BY: Overland Mini Storage, LLC LOCATION OF PROPERTY OR PROJECT: 1230 E. Overland Road Lots 5 and 6 Block 1 of Timothy Subdivision _ SALLY NORTON, P/Z _KENT BROWN, P/Z _THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C _TAMMY DE WEERD, C/C _KEITH BIRD, C/C _CHERIE MCCANDLESS, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _SANITARY SERVICE —BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER Gen -26 PP/FP/PFP-31 AZ -27 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS ADA Ct'Y J. DA, .r N ani PIONEER TITLE COMP�I� OF ADA couN SP 3 Q 821 West State Street / Boise, Idaho 83702 (208)336-6700 8151 W. Rifleman Street / Boise, Idaho 83704 (208) 377-2700 P-184362 JB/HEH PM RECORDED - f;E(IUEST OF ER � EEE_Z_DEPUTY V�-- 35 99097401 PIONEER TITLE: SPACE ABOVE FOR RECORDING DATA WARRANTY DEED ^� (INDIVIDUAL) FOR VALUE RECEIVED HOYT C. DOBSON, as his separate estate and HOYT DOBSON, as Personal Representative of the Estate of MARY EDGLEY SPATES DOBSON, deceased z GRANTOR(s) does (do) hereby GRANT, BARGAIN, SELL and CONVEY unto' OVERLAND STORAGE, L.L.C., an Idaho limited liability company GRANTEE(S), whose current address is: 1322 Torrey Lane, Nampa, Idaho 83686 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: LOTS 5 AND 6 IN BLOCK L OF TIMOTHY SUBDIVISION, ACCORDING TO THE PLAT THEREOF FILED IN BOOK P OF PLATS AT PAGES 1923 and 1924, AND AMENDED BY AFFIDAVIT RECORDED UNDER INSTRUMENT NO. 7704108, RECORDS OF ADA COUNTY, IDAHO. TAX PARCEL NO. R8461250360 TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantees(s) heirs and assigns forever. And the said Grantor(s) does (do) hereby covenant to and with the said Grantee(s), the Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: September 30, 1999 KE WETH RELL Attorney—in actor H T C. DON EREas Attorn%y—s in—Fac for HOYT DOBSON as Peral Repre at�i e of the estate of MARY ALICE EDGLEY SPATES DOBSON / STATE O `� County of ss. On the `�TKE fCH �� ` in the year of before me �A a,*t f y Public, perse lly appeared TR ^yname—,OW subscribed to the within ^� known or identified to me to be the per whose s ^5 instrument, and acknowledged to me that _ executed the sarrre S Notary 'c: ^� Residing at: My Commission Expires: �iiidl�4[ign4(i'3linti{3l'i0li(1[iCr10[3Ulit)C;�f�!![i'Jf3(1l [�1(iq[ [i�[ L Jwmmmmt -nI'7Cinii^!n-ntitt[r[nn^(ft"117n/i r' P: \A CIVIL\C996116\53 96116.d'"" Thu Jan 13 17: 57: 09 2000 I1=a' Ayr.. z' fig` -7 11 ,v►as: C 3,;_o rL40Y �© Ole I LJ �,►��. CITY OF MERIDIAN FINAL SUBDIVISION PLAT CHECKLIST INCOMPLETE SUBMITTALS WILL NOT BE PROCESSED SUBDIVISION NAME: ENGINEER: 0_cc'v� The final plat shall include and be in compliance with all items required under Title 50, Chapter 13 of the Idaho Code. The final plat submittal shall include at least the following: ITEM DESCRIPTION COMMENTS 1. Thirty (30) copies of written application for approval as stipulated by the Council 2. Proof of current ownership of the real property included in the proposed final plat and consent of recorded owners of the plat / (warranty deed, signature sheet of final plat) ►/ 3. A statement of conformance with the approved preliminary plat and meeting all requirements or conditions thereof 4. A statement of conformance with all require- ments and provisions of this Ordinance 5. A statement of conformance with acceptable engineering, architectural and surveying practices and local standards 6. Street name approval letter from Ada County 7. Three (3) copies of the final engineering construction drawings for streets, water, sewers, sidewalks, irrigation and other public improvements 8. Thirty (30) prints of the final plat at a scale of one inch equals three hundred feet (1" = 300'). Include subdivision and street names, lot and block numbers only. V/ FINAL SUBDIVISION PLAT CHECKLIST 9. Thirty (30) folded copies of the final plat containing the following requirements and three (3) copies of the signature page of the final plat. Plat shall include: a. Approved Plat Name b. Year of platting c. Sectional location of plat - County d. North arrow e. Scale of plat (not smaller than 1"=1001) f. Streets and alleys with widths and bearings g. Street names h. Consecutive numbering of all lots in each block, and each block lettered or numbered i. Each and all lengths of the boundaries of each lot including curve table j. Exterior boundaries shown by distance and bearing (heavier lines than streets and lots) including curve table k. Descriptions of survey monuments 1. Initial point and tie to at least two public land survey corners or, in lieu thereof, to two monuments recognized by the City Engineer or County Engineer or surveyor; and also, if required by the City or county governing bodies, give coordinates based on the Idaho coordinate system m. Easements n. Basis of bearings o. Pertinent notes for easements, restrictions, designations, etc. p. Land Surveyor - signed seal q. Land Surveyor business name - City location r. Legend of symbols s. Minimum residential house size t. Adjacent platted subdivision names 10. Fee Paid - Lots @ $10.00/Lot 11. Other Information as Requested by Administrator, City Engineer, Planning & Zoning Commission, or City Council Page 2 1 M FINAL SUBDIVISION PLAT CHECKLIST Page 3 12. Substantial differences between the approved preliminary plat and the final plat, variances not yet applied for, non-conformance with comments of staff and/or agencies, etc., will be cause for rejection and/or possible resubmittal to Planning & Zoning Commission for approval. REVIEW BY: Shari Stiles, Planning & Zoning Administrator Gary D. Smith, P.E., City Engineer ACCEPTANCE DATE: OTHER ITEMS 1. Landscape plan for common lots 2. Lot frontages M/ Overland Mini Storage Final Plat The following is a timeline for the processing of the Overland Mini Storage Final Plat. February 3 Original application was submitted to P&Z. I believe it was stated to the applicant that if the application was complete at that time, it would be scheduled for City Council on March 7 (4 '/z weeks away). The application included only 1 copy of the application and transmittal letter, 30 copies of the final plat, and a $40 deck. February 4 A transmittal was received from Pinnacle Engineers containing 3- 1x100 plat, and 3 copies of the signature page and a note that "these were left out of the package submittal." February 7-11 All applications received by the February deadline were processed during the week, including Overland Mini Storage, which had several missing and incorrect items. February 14 On the very next Monday (14`h) a fax was sent to Bob Unger detailing the needed items as follows: • A Warranty Deed for the property • Consent of the recorded owner • Street name approval letter from Ada County • 30 copies of the plat at 1"=300' with sub name, street name, and lot & block numbers only. The copies that were submitted did not match the lot lines on the original plats, included additional unnecessary information, and all text was too small to be legible. • The plats themselves needed to be revised to show the required 35' landscape setback as per the FFCL 2.22 of the preliminary plat. Only 30 feet was shown on the submitted final plat. • FFCL 2.23 also required a detailed landscape plan to be submitted with the final plat application. The final plat now showed an existing 50 -foot sewer easement that was not shown on the preliminary plat and would require elimination of the entire landscape buffer along Nine -Mile Creek shown on the plans for the CUP. A new landscape plan would have to be submitted. • Fencing details were also required by FFCL 2.23 and had not yet been submitted. February 15 Bob Unger submitted: • 30 copies of a revised plat to show the 35' landscape setback. • 30 copies at 1"=100 feet • 1 copy of the Warranty Deed • 11x17 fencing plan. The fencing plan was unclear and the symbols overlapped other information on the plan, making it impossible to figure out. A revised fencing plan was requested. • A note from Bob stated that the "Landscape Plan to follow by Friday" (Feb 18). February 22 The Landscape Plan was submitted to Brad Watson in Public Works Department. (Yes, the transmittal from Pinnacle was addressed to him). February 23 I received the Landscape Plan from Brad Watson. No calculations were submitted with the plan, so I calculated required open space, provided open space, required trees, and provided trees. The plan had many of the required trees off-site on other lots and all required landscaping had to be accommodated on the mini -storage lot. Even including the off-site landscaping, the plan was deficient 2,884 s.f of open space and was still short 13 trees. The entire landscaping buffer along Nine Mile Creek had been eliminated. Some of the trees were only 2" caliper. I instructed Bob that they would have to alter the building layout to accommodate the required trees on-site, or shift the lot lines so the trees were on the correct lot. And also add additional open space and trees to meet the minimum requirements; and change all required trees to 3" caliper. February 24 Bob and I met to review the problems with the submitted landscape plan. February 29 I received a revised Landscape plan showing shifted lot lines (which would now require another new set of revised final plats), and some additional open space. The new open space interfered with turning radius of vehicular circulation around the buildings, and the paved area was reduced to eliminate some of the required trees, but also eliminated the drive aisles around the north ends of the buildings. The plan was also rejected. Bob and I met to review the problems with the revised landscape plan. February 30 1 received 30 copies of a new revised plat to show the lot lines they decided to shift in order to accommodate the required landscaping without altering the building layout. March 3 (Friday)1 received a new revised landscape (version number 3). 1 also received 30 copies of the 1"=300' plats (also version number 3) based on the revised lot lines. March 6 (Monday) I reviewed Landscape Plan number 3. The sharp corners of the open space had been rounded to accommodate vehicle circulation. However, some drive areas still only had 15 feet of pavement. 25 feet is required by ordinance. The I"=300' plats (version 3) were also now completely illegible (like the first set that had been submitted) and needed to be made legible, and the erroneous information removed. March 7 Bob and I met to review what was left to complete the final plat application submittal. Needed items still remaining included: • Consent of the owner. (Since the Warranty Deed lists a company, not an individual, I would also need a document showing that the person giving consent is also an authorized representative of the company). • 30 legible copies of the 1"=300' map. • Ada County Street Name Approval letter • A legible copy of the Fencing Plan. • An 11x17 copy of the Landscape Plan Later that same day, Bob submitted everything noted above, except the consent. March 8 Bob submitted 3 new copies of the final plat and 3 new copies of the Signature Sheet, due to minor errors they discovered themselves on the signature page. March 10 Bob submitted: • 2 copies of a new landscape plan (version 4) that added some trees at the north end of the buildings in expanded planter areas. The are acknowledged as a welcome addition, but the expanded planters also created some pinched areas for vehicular circulation, and additional asphalt would need to be added, (which might also require another tree or two, depending on the square footage added). • Ada County Street Name Approval Letter • 7- l lxl7 copies of the version 4 landscape plan for consideration by City Council. March 14 Bob submitted consent of the owner in the form of an affidavit of legal interest. March 17 Bob submitted 30 copies of the application form and letter. The application was determined to be complete and forwarded to Shelby at the Clerks office (also on March 17). The construction plan sets were also forwarded to Steve O'Brien in the Building Department (March 17). A hearing date of April 18 has been requested. Staffs position on the landscape plan is that without the buffer along Nine -Mile Creek, the new landscape/site plan is a significant modification of the Conditional Use Permit as reviewed by the Planning and Zoning and should be remanded back to P&Z, as per a conversation with Shari Stiles by phone on March 14. The extensive buffering along the creek had been promised during the hearings to alleviate concerns of adjacent property owners. The applicant should have researched the site enough to know of the easements at the time of the Preliminary Plat and CUP. The building layout should be modified to accommodate a minimum 6 -foot planter around the north and east sides outside of the sewer easement to provide the buffering as promised. The applicant's position is that the latest landscape plan should be an acceptable compromise. A tree is provided on the north side of each building (approximately 55 -feet on center). The site plan provides the required percentage of open space and the required number of trees on the site. March 30, 2001 TE 01-004 MERIDIAN CITY COUNCIL MEETING April 3, 2001 APPLICANT Overland Mini Storage, LLC ITEM NO. 2LA REQUEST Time Extension to sign and report plat originally approved on April 18, 2000 for Overland Mini Storage -- 1230 East Overland Road AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. n c � =! Q awo 0 � Pm�Z1 Ca � 9 ?03gm W O =r (D CO —v_ N �a a Z 777 =7 +i.-J.i�[,,•,'.�.0 -) :,.� - ;�•Is .>> .;'v,v��'i.:: IDAHO INDEPENDENT BANK FRCE J M A C DEVELOPMENT, INC. NAMPA NUE 804 12TH AVENUE SOUTH 92-373/1231 1322 TORREY LANE NAMPA, IDAHO 83651 NAMPA, ID 83686 PH. 208-465-5043 3/27/2001 PAY TO THE *00.00 ORDER OF City of Meridian One Hundred and 00/100******`*`**DOLLARS MEMO Overland-- 11000113aSe 1:L231II037321: 0600004360118 > on 0 CL 1 m 3 O �� O m (D (D -0 O °' Z3 W a U) W o J cam cam a �m o n m a O < an o a c c co � m n D m m m � 0 3 Z O a n �p c o cn-0 = m � m O i D D X n .� r o o O n c � =! Q awo 0 � Pm�Z1 Ca � 9 ?03gm W O =r (D CO —v_ N �a a Z 777 =7 +i.-J.i�[,,•,'.�.0 -) :,.� - ;�•Is .>> .;'v,v��'i.:: IDAHO INDEPENDENT BANK FRCE J M A C DEVELOPMENT, INC. NAMPA NUE 804 12TH AVENUE SOUTH 92-373/1231 1322 TORREY LANE NAMPA, IDAHO 83651 NAMPA, ID 83686 PH. 208-465-5043 3/27/2001 PAY TO THE *00.00 ORDER OF City of Meridian One Hundred and 00/100******`*`**DOLLARS MEMO Overland-- 11000113aSe 1:L231II037321: 0600004360118 C1 C II,J N O V 2 2001 CHD Ada County Highway DistrictX INTER -OFFICE MEMO Right-of-Wcav &, Developnrent Department November 26, 2001 Planning & Development Division To: ACHD COMMISSION From: Planning & Development Subject: Final Plat: Overland Mini -Storage Meeting Date: December 5, 2001 FACTS & FINDINGS: 1. Overland Mini -Storage is a 4 -lot Commercial subdivision on 7.25 -acres. This site is located on the north side of Overland Road approximately 800 feet west of Locust Grove Road. 2. The preliminary plat was approved on September 22, 1999. All conditions of the preliminary plat have been satisfied. RECOMMENDATION: 1. Approve the final plat of Overland Mini -Storage and authorize the President to endorse. SUBMITTED BY: PLANNING & DEVELOPMENT STAFF DATE OF COMMISSION APPROVAL • N . VICINITY MAP W E LAND MINI -STORAGE OVER S LOCUSTVIEINHIEIGHT��: CENTRAL V TEP NO 6 \GMFSNO.`0�� LOCOSTVI ' J �0 184r, L II it �1 U i TImomySUB � F H I w PLAYGROUND SUB Ht BLUFF,' 02 �^ 1$'02 ailFMIS i I h \I yy ^ ,i ' ` NO. • `\ N PUNM SUB, N. KGppryryryw�w////f���ppppEm ip" POINTE 03 ! } F i SPORTSMAN SUB NO.06 �SPORTSNI4N NTE NO -104 I� ` \v . \ GREEFib NO�01 \✓ / �� I �INI VIEW SUB �� SKATSM4N,P�suBNOV 0.5 0 0.5 Mies T3nlep PINNACLE ENGINEERS, INC. Subdiv Stseg 870 N. LI NDER RD, STE B, MERIDIAN, ID 83642 [� S3nlel8 PH 208-887-7760 FX 208-887-7781 � 61 ��s11s m �a N Im Z aR p + N oL 1 LL m Nf aO \9C �= ANNI 9 � p •1 �wm yyFi�+ �N W N N00'28'51 "E 660.00' / /. Use MF 10078'51'r Z7.W' ����SSSSSSS i� cc n ;x O O O Zy0 F iN Am 00 S MM DO ,i,, ZZ C O O Z C 0� >y� O� 11.1 y "gyp i m ot. �N 5 g~ y 2 A A m9 5r�n A til N g C mAa o„ mo r� Axm o b p :An i C= t, z o o p ,Z„ '^ p ?a g 4 m mN � o or oA m i N / i p' hs y m � ems• p p S O � O 9 N A z �0 o 0 O A VO1c1�0 March 6, 2001 City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Overland Mini Storage, LLC To Whom It May Concern: Overland Mini Storage is requesting a one year time extension to sign and record the plat for our property at 1230 Overland Road. Design issues with the buildings and negotiations with ACRID on the right of way have caused the delays. Your help is greatly appreciated. Respectfully, ohn Grunenwald Managing Member Overland Storage, LLC KUB OF TREASURE VALLEY MAYOR LEGAL DEPARTMENT Robert D. Corrie A Good Place to Live (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS CITY OF MERIDIAN PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird NIERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4.433 • Fax (208) 887-4813 PLANNING AND ZONING City Clerk Office Fax (208) 888-421 CF DEPARTMENT Cherie McCandlessi�'� -1 8) 884-5533 • Fax 888-6854 MAR 2 4 2000 NWC TRANSMITTAL TO AGENCIES FOR COMMENTS O OPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 7, 2000 TRANSMITTAL DATE: March 22, 2000 HEARING DATE: April 18, 2000 FILE NUMBER: FP 00-005 REQUEST: Final plat for Overland Mini Storage Subdivision of 7.25 acres with 4 building lots in proposed C -G zone BY.- Overland Mini Storage, LLC LOCATION OF PROPERTY OR PROJECT: 1230 E. Overland Road, Lots 5 and 6 Block 1 of Timothy Subdivision jkENT-BROYtI , 21tt _T-HOMAS .RRF�IRo RAZ _R4CHARDHATCHER-,PfZ- KEITH BORUP PLz--- _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _TAMMY DE WEERD, C/C _KEITH BIRD, C/C _CHERIE MCCANDLESS, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER !CITY PLANNER Gen -26 PP/FP/PFP-31 AZ -27 MERIDIAN-ee"Ott- NSTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY 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) -1DAHe -T'RANSPORTAfitW ARTMENT AUNTY (ANNEXAT:fW YOUR CONCISE REMARKS: REQUEST FOR SUBDIVISION APROVAL FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning & Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month that the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1 • Name of Annexation and Subdivision: OVERLAND MINISTORAGE SUB. 2. General Location1230 E. OVERLAND RD TIMOTHY SUBDIVISION MERIDIAN LOTS 5 & 6 BLOCK 1 3. Owners of Record: HOYT C. DOBSON Address:600 W. 76 AVE. APT 303 ANCHORAGE AK ,Zip99518 Telephone UNK 4• Applicant: OVERLAND STORAGE L.L.C. Address: 1322 TORREY LANE NAM 5pA ID,Zi Engineer. DAVID BAILEY / BOB UNGER Firm:3 PINNACLE ENGINEERS INC. 6. Name and address to receive City billings Name: OVERLAND STORA Address 1322 TORREY LANE NAMEA GE L.L.C. 46 ID 83686 Telephone 3 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1 • Acres: 7.25 2. Number of building lots: 4 3. Number of other lots:_0 4. Gross Density per acre: 1.81 5• Net density per acre: 1.81 6• Zoning Classification(s): PROPOSED CG 7 If the proposed subdivision - is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? N/A 8. Does the plat border a potential green belt? NO 9• Have recreational easements been provided for? NO 10. Are there proposed recreational amenities to the Cit 11. Are there proposed dedications of common areas? NO EOxplain For future parks? NO Ex lains P 12. What school(s) the ares?—MERIDIAN—Do you propose any agreements for future school sites? Explain 13. Are there any other proposed amenities to the City? NO—Explain 14. Type of Building (Residential, Commercial, Industrial combination): COMMERCIAL 15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): N/A 16. Proposed Development features: a. Minimum square footage of lot(s): 33,075 SQ. FT. b. Minimum square footage of structure(s): 2,550 SQ. FT. C. Are garages provided for? NO Square footage: N/A d. Has landscaping been provided for? YES Describe: A 20' WIDE LANDSCAPE BUFFER IS BEING PROVIDED ALONG OVERLAND ROAD AND TREES ON THE NORTH EAST AND WEST BOUNDARIES e. Will trees be provided for? YES_Will trees be maintained? YES f. Are sprinkler systems provided for? YES g. Are there multiple units? NO_Types: h. Are there special set back requirements? NO Explain: Has off street parking been provided for? NO Explain: OFF STREET PARKING FOR LOTS 1 3 & 4 WILL BE ADDRESSED UNDER SEPERATE CONDITIONAL USES AS THE LOTS ARE DEVELOPED i. Value range of property: UNK j. Type of financing for development: DEVELOPMENT LOAN k. Were protective covenants submitted? YES Date: 17. Does the proposal land lock other property? NO Does it create Enclaves? NO FiNNACLE' Engineers, Inc . TO: Shari Stiles, Planning and Zoning Administrator City of Meridian 200 E. Carlton, Suite 201 Meridian, Idaho 83642 DATE: February 3, 2000 RE: Final Plat of Overland Mini -Storage Subdivision Ms. Stiles: Please accept the attached application forms and plat copies of the above referenced subdivision for review and approval by the City Council. The plat is currently being circulated to the various agencies for approval and will be ready for the City's signature within the next few weeks. Three copies of the final engineering construction drawings will be forwarded to the City Engineer. This final plat is in conformance with and/or meets all of the conditions of approval, the City of Meridian Subdivision Ordinance and Comprehensive Plan. The plat is also in conformance with acceptable engineering, architectural and surveying practices and local standards. In addition, we are providing the required fee of $40.00 (4 lots @ $10.00 per lot). If you have any questions or concerns about this application, please contact me at (208) 887- 7760. Sincerely, Obert C. Unger Project Manager cc: File #C996116 Mike Bledsoe 870 NORTH LINDER SUITE B - MERIDIAN, IDAHO 83642 , (208) 887-7760 - FAX (208) 887-7781 8151 W. Rifleman Street / Boise, Idaho 83704 (208) 377-2700 P-184362 JB/HEH Pi ORCER RRO 35 RECOROEU-REQUESTOF eo FEEOEPUTY 99097401 PIONEER TITLE SPACE ABOVE FOR RECORDING DATA M?i,?uM?i,�i,�?u>u?4�ru�1itrl�?l��i,��i;tai,��i,�1t1�1u���?iu113��uIG?L1I�Uu?u�l`.lG?0��(,!!11',lG`.Sl, !lr.%lr. u su. usu'v 4' s WARRANTY DEED ti (INDIVIDUAL) FOR VALUE RECEIVED HOYT C. DOBSON, as his separate estate and HOYT DOBSON, as Personal Representative of the Estate of MARY EDGLEY SPATES DOBSON, deceased �. ^� GRANTOR(s) does (do) hereby GRANT, BARGAIN, SELL and CONVEY unto ^� OVERLAND STORAGE, L.L.C., an Idaho limited liability company -� GRANTEE(S), whose current address is: 1322 Torrey Lane, Nampa, Idaho 83686, the following described real property in Ada County, State of Idaho, C„ more particularly described as follows, to wit: r. LOTS 5 AND 6 IN BLOCK L OF TIMOTHY SUBDIVISION, ACCORDING TO THE PLAT THEREOF' FILED IN BOOK #! OF PLATS AT PAGES 1923 and 1924, AND AMENDED BY AFFIDAVIT t RECORDED UNDER INSTRUMENT NO. 7704108, RECORDS OF ADA COUNTY, IDAHO. TAX PARCEL NO. R8461250360 TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantees(s) heirs and assigns' forever. And the said Grantor(s) does (do) hereby covenant to and with the said Grantee(s), the Grantors) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, includes irrigation and utility assessments, (if any) for the rA current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever.^ Dated: September 30, 1999 �y RE WETH RELL Attorney—in Fact or H C. DOBSON Z ^? ��1 `S ERE L ast for e in—Fac for H T DOBSON as Pers al Re re aq e ^ of the estate of MARY ALICE EDGLEY SPATES DOBSON / ^} STATE O County of ss.^ Onti _ SEE THE �� in the year of before me ^� H DaM y Public, persrjr4jily appeared �l S Of✓ subscribed to the within ,S known or identified to me to be the per whose names) instrument, and acknowledged to me that _ executed the as ntc- �17Er� y_ ^S Notary c: Z ^� Residing at: My Commission Expires: {_ �u 1 ! �'f i� i^! i7( iQ[ i0(" i!Yl �[i^[ � i0[ ,^[" i^i i7(�1�1 _!.Y i!Y j+; [ i�[" 1L [ www ww �� w ink •try i+r 1�� -Irr it w w i'_'l i` �_,^.! i^_ 11'; w wj: ACA COU!M ~^ J. DAVID E PIONEER TITLE COMPAi OF ADA COIJM SP 30 821 West State Street / Boise, Idaho 83702 (208) 336-6700 8151 W. Rifleman Street / Boise, Idaho 83704 (208) 377-2700 P-184362 JB/HEH Pi ORCER RRO 35 RECOROEU-REQUESTOF eo FEEOEPUTY 99097401 PIONEER TITLE SPACE ABOVE FOR RECORDING DATA M?i,?uM?i,�i,�?u>u?4�ru�1itrl�?l��i,��i;tai,��i,�1t1�1u���?iu113��uIG?L1I�Uu?u�l`.lG?0��(,!!11',lG`.Sl, !lr.%lr. u su. usu'v 4' s WARRANTY DEED ti (INDIVIDUAL) FOR VALUE RECEIVED HOYT C. DOBSON, as his separate estate and HOYT DOBSON, as Personal Representative of the Estate of MARY EDGLEY SPATES DOBSON, deceased �. ^� GRANTOR(s) does (do) hereby GRANT, BARGAIN, SELL and CONVEY unto ^� OVERLAND STORAGE, L.L.C., an Idaho limited liability company -� GRANTEE(S), whose current address is: 1322 Torrey Lane, Nampa, Idaho 83686, the following described real property in Ada County, State of Idaho, C„ more particularly described as follows, to wit: r. LOTS 5 AND 6 IN BLOCK L OF TIMOTHY SUBDIVISION, ACCORDING TO THE PLAT THEREOF' FILED IN BOOK #! OF PLATS AT PAGES 1923 and 1924, AND AMENDED BY AFFIDAVIT t RECORDED UNDER INSTRUMENT NO. 7704108, RECORDS OF ADA COUNTY, IDAHO. TAX PARCEL NO. R8461250360 TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantees(s) heirs and assigns' forever. And the said Grantor(s) does (do) hereby covenant to and with the said Grantee(s), the Grantors) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, includes irrigation and utility assessments, (if any) for the rA current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever.^ Dated: September 30, 1999 �y RE WETH RELL Attorney—in Fact or H C. DOBSON Z ^? ��1 `S ERE L ast for e in—Fac for H T DOBSON as Pers al Re re aq e ^ of the estate of MARY ALICE EDGLEY SPATES DOBSON / ^} STATE O County of ss.^ Onti _ SEE THE �� in the year of before me ^� H DaM y Public, persrjr4jily appeared �l S Of✓ subscribed to the within ,S known or identified to me to be the per whose names) instrument, and acknowledged to me that _ executed the as ntc- �17Er� y_ ^S Notary c: Z ^� Residing at: My Commission Expires: {_ �u 1 ! �'f i� i^! i7( iQ[ i0(" i!Yl �[i^[ � i0[ ,^[" i^i i7(�1�1 _!.Y i!Y j+; [ i�[" 1L [ www ww �� w ink •try i+r 1�� -Irr it w w i'_'l i` �_,^.! i^_ 11'; w wj: MERiJIAN EVALUATION SHEi_ f Proposed Development Name Overland Ministorage Subdivsion Facility File # CUP -99-033 Date Reviewed 8/31/99 Preliminary Stage XX Final Engineer/Developer Pinnacle En ineers Inc. The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following streets exist and their names shall appear on the plat: "W. OVERLAND RD." "S. RETRIEVER WAY" and "S. SPORTSMAN WAY" There are no new street names proposed for this development. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY StREET NAME COMMITTEE,'A ENVY REpI SENTATNES OR DESIGNEES Ada County Engineer John Prieste�"'w Date 2' � Ada Planning Assoc. Sue Hans Date1/99 City of Meridian Representativ Date -� Meridian Fire District Representative A7 Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1111 Subindex Street Index _ Section NUMBERING OF LOTS AND BLOCKS TR\SUBS\SM_CITY.FRM BLOCK 1 f cor 2 OVERLAND MINI -STORAGE SUBDIVISION (� cor r cors cor + � r ACL W. OVERLAND ROAD Mar 10 00 04;00p Pinnacle Engineers, Inc. 208-88"7 'rltii f'•c '''1, AFFIDAVIT OF LEGAL INTEREST I, Michael D. Bledsoe, Managing Member, Overland Storage, L.L.C., being first duly sworn upon oath, deposed and say: 1. That Overland Storage, L.L.C. is the record owner of the property described on the attached, and I grant my permission to Pinnacle Engineers, Inc., 870 N. Linder Road, Suite B, Meridian, Idaho 83642 to submit the accompanying Final Plat application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this 13th day of March, 2000. f Michael D. Bledsoe Managing Member, Overland Storage, L.L.C. SUBSCRIBED AND SWORN to before me the day and year it) ve w r n. for aho on Expires: JCZ OPERATING AGREEMENT OF OVERLAND STORAGE LIMITED LIABILITY COMPANY TABLE OF CONTENTS ARTICLE I - DEFINITIONS ................................................. 1 ARTICLE II - FORMATION ................................................. 6 2.1 Organization................................................... 6 2.2 Agreement .................................................... 6 2.3 Name ........................................................ 7 2.4 Effective Date ................................................. 7 2.5 Term ........................................................ 7 2.6 Registered Agent and Office ....................................... 7 2.7 Principal Office ................................................. 7 ARTICLE III - NATURE OF BUSINESS ........................................ 7 ARTICLE IV - ACCOUNTING AND RECORDS ................................. 7 4.1 Records to be Maintained ......................................... 7 4.2 . Reports to Members ............................................. 8 4.3 Accounts ..................................................... 8 ARTICLE V - NAMES AND ADDRESSES OF MEMBERS ......................... 9 ARTICLE VI - RIGHTS AND DUTIES OF MEMBERS ............................ 9 6.1 Management Rights ............................................. 9 6.2 Majority...................................................... 9 6.3 Liability of Members ............................................. 9 6.4 Indemnifications............................................... 10 6.5 Representations and Warranties ................................... 10 6.6 Conflicts of Interest ............................................ 10 ARTICLE VII - MANAGING MEMBERS ...................................... 7.1 Original Managing Members ...................................... 7.2 Term of Office as Managing Member ............................... 7.3 Authority of Members to Bind the Company .......................... 7.4 Actions of the Managing Members ................................. 7.5 Compensation of Managing Member ............................... 7.6 Managing Members' Standard of Care .............................. 7.7 Removal of Managing Member .................................... ARTICLE VIII - CONTRIBUTIONS AND CAPITAL ACCOUNTS .................. 8.1 Initial Contributions ............................................ 8.2 Additional Contributions ......................................... 8.3 Enforcement of Commitments .................................... 8.4 Maintenance of Capital Accounts .................................. 8.5 Distribution of Assets ........................................... 11 11 11 11 12 13 13 13 13 13 13 14 14 15 8.6 Sale or Exchange of Interest ...................................... 15 8.7 Compliance with Section 704(b) of the Code ......................... 15 ARTICLE IX - ALLOCATIONS AND DISTRIBUTIONS .......................... 15 9.1 Allocations of Net Profits and Net Losses from Operations ............... 15 9.2 Company Minimum Gain Chargeback ............................... 15 9.3 Member Minimum Gain Chargeback................................ 16 9.4 Qualified Income Offset ......................................... 16 9.5 Interim Distributions ............................................ 16 ARTICLE X -TAXES ..................................................... 17 10.1 Elections .................................................... 17 10.2 Taxes of Taxing Jurisdictions ..................................... 17 10.3 Tax Matters Partner ............................................ 17 10.4 Cash Method of Accounting ...................................... 17 ARTICLE XI - DISPOSITION OF MEMBERSHIP INTERESTS .................... 17 11.1 Disposition.................'.................................. 17 11.2 Dispositions not in Compliance with this Article Void ................... 18 ARTICLE XII - DISSOCIATION OF A MEMBER ............................... 18 12.1 Dissociation.................................................. 18 12.2 Rights of Dissociating Member .................................... 20 ARTICLE XIII - ADMISSION OF ASSIGNEES AND ADDITIONAL MEMBERS ...... 20 13.1 Rights of Assignees ............................................ 20 13.2 Admission of Substitute Members .................................. 20 13.3 Admission of Additional Members ................................. 21 ARTICLE XIV - DISSOLUTION AND WINDING UP ............................ 21 14.1 Dissolution................................................... 21 14.2 Effect of Dissolution ............................................ 21 14.3 Distribution of Assets on Dissolution ............................... 21 14.4 Winding Up and Certificate of Dissolution ........................... 21 ARTICLE XV - AMENDMENT .............................................. 22- 15.1 Operating Agreement May Be Modified ............................. 22 15.2 Amendment or Modification of Operating Agreement ................... 22 ARTICLE XVI - MISCELLANEOUS PROVISIONS .............................. 22 16.1 Entire Agreement .............................................. 22 16.2 No Partnership Intended for Nontax Purposes ........................ 22 16.3 Rights of Creditors and Third Parties under Operating Agreement ......... 24 OPERATING AGREEMENT 1M OVERLAND STORAGE, LLC This Operating Agreement of OVERLAND STORAGE, LLC, an Idaho limited liability company organized pursuant to the Idaho Limited Liability Company Act is entered into and shall be effective as of the Effective Date, by and among the Company and the persons executing this Agreement as Members. ARTICLE I DEFIN]MONS For purposes of this Operating Agreement (as defined below), unless the context clearly indicates otherwise, the following terms shall have the following meanings:. 1.1 Act - The Idaho Limited Liability Company Act and all amendments to the Act. 1.2 Additional Member - A Member other than an Initial Member or a Substitute Member who has acquired a Membership Interest from the Company. 1.3 Articles - The Articles of Organization of the Company as properly adopted and amended from time to time by the Members and filed with the Secretary of State. 1.4 Assignee - A transferee of a Membership Interest who has not been admitted as a Substituted Member. 1.5 Bankrupt Member - A member who: (1) has become the subject of an Order for Relief under the United States Bankruptcy Code, 92 has initiated, either in an original Proceeding or by way of answer in any state insolvency or receivership proceeding, an action for liquidation arrangement, composition, readjustment, dissolution, or similar relief. 1.6 Business Day - Any day other than Saturday, Sunday or any legal holiday observed in the State. 1.7 Capital Account - The account maintained for a Member or Assignee determined in accordance with Article VIII. 1.8 Capital Contribution - Any contribution of Property, services or the obligation to contribute Property or services made by or on behalf of a Member or Assignee. 1.9 Code - The Internal Revenue Code of 1986 as amended from time to time. OPERATING AGREEMENT - 1.10 Commitment -The Capital Contributions that a Member or Assignee is obligated to make under this Operating Agreement. 1.11 Company -The OVERLAND STORAGE, LLC, a limited liability company formed under the laws of Idaho, and any successor limited liability company. 1.12 Company Liability - Any enforceable debt or obligation for which the Company is liable or which is secured by any Company Property. 1.13 Company Minimum Gain - An amount determined by first computing for each Company Nonrecourse Liability any gain the Company would realize if it disposed of the Company Property subject to that liability for no consideration other than full satisfaction of the liability, and then aggregating the separately computed gains. The amount of Company Minimum Gain includes such minimum gain arising from a conversion, refinancing, or other change to a debt instrument, only to the extent a Member is allocated a share of that minimum gain. For any Taxable Year, the net increase or decrease in Company Minimum Gain is determined by comparing the Company Minimum Gain on the last day of the immediately preceding Taxable Year with the Minimum Gain on the last day of the current Taxable Year. Notwithstanding any provision to the contrary contained herein, Company Minimum Gain and increases and decreases in Company Minimum Gain are intended to be computed in accordance with §704 of the Code the Regulations issued thereunder, as the same may be issued and interpreted from time to time. A Member's share of Company Minimum Gain at the end of any Taxable Year equals: the sum of Nonrecourse Deductions allocated to that Member (and to that Member's predecessors in interest) up to that time and the distributions made to that Member (and to that Member's predecessors in interest) up to that time of proceeds of a nonrecourse liability allocable to an increase in Company Minimum Gain minus the sum of that Member's (and that Member's predecessors in interest) aggregate share of the net decreases in Company Minimum Gain plus their aggregate share of decreases resulting from revaluations of Company Property subject to one or more Company Nonrecourse Liabilities. 1.14 Company Nonrecourse Liability - A Company Liability to the extent that no Member or related Person bears the economic risk of loss (as defined in §1.752-2 of the Regulations) with respect to the liability. 1.15 Company Property - Any Property owned by the Company. 1.16 Contributing Members - Those Members making contributions as a result of the failure of a Delinquent Member to make the contributions required by the Commitment as described in Article VIII. 1.17 Default Interest Rate - The higher of the legal rate or the then -current prime rate quoted by the largest commercial bank in the jurisdiction of the Principal Office plus three percent. OPERATING AGREEMENT - 2 1.18 Delinquent Member - A Member or Assignee who has failed to meet the Commitment of that Member or Assignee. 1.19 Distribution - A transfer of Property to a member on account of a Membership Interest as described in Article IX. 1.20 Disposition (Dispose) -Any sale, assignment, transfer, exchange, mortgage, pledge, grant, hypothecation, or other transfer, absolute or as security or encumbrance (including dispositions by operation of law). 1.21 Dissociation - Any action which causes a Person to cease to be a Member as a described in Article XII hereof. 1.22 Dissolution Event - An event, the occurrence of which will result in the dissolution of the Company under Article XIV unless the Members agree to the contrary. 1.23 Effective Date - .1999. 1.24 Immediate Family - A Member's Immediate Family includes the Member's spouse, children (including natural, adopted and stepchildren), grandchildren, and parents. 1.25 Initial Capital Contribution - The Capital Contribution agreed to be made by the Initial Members as described in Article VIII. 1.26 Initial Members - Those persons identified on Exhibit A attached hereto and made a part hereof by this reference who have executed the Operating Agreement. 1.27 Majority - The affirmative vote or consent of more than one-half ('/z) of the membership interest of all Members described as a "Majority" in Article VI hereof. 1.28 Management Right -The right of a Member to participate in the management of the Company, including the rights to information and to consent or approve actions of the Company. 1.29 Managing Member - A Member selected to manage the affairs of the Company under Article VII hereof. 1.30 Member - Initial Member, Substituted Member or Additional Member, and, unless the context expressly indicates to the contrary, includes Managing Members and Assignees. 1.31 Member Minimum Gain - An amount determined by first computing for each Member Nonrecourse Liability any gain the Company would realize if it disposed of the Company Property subject to that liability for no consideration other than full satisfaction of the liability, and then aggregating the separately computed gains. The amount of Member Minimum Gain includes such minimum gain arising from a conversion, refinancing, or other OPERATING AGREEMENT - 3 allocations of loss and deductions under §§704(e)(2) or 706 of the Code or under §1.751-1 of the Regulations, or distributions that, as of the end of the year are reasonably expected to be made to the extent they exceed the offsetting increases to such Member's Capital Account that reasonably are expected to occur during or (prior to) the taxable years in which such distributions are expected to be made (other than increases pursuant to a Minimum Gain Chargeback). 1.40 Operating Agreement - This Operating Agreement including all Subscription Agreements, if any, and amendments adopted in accordance with the Operating Agreement and the Act. 1.41 Organization - APerson other than a natural person. Organization includes, without limitation, corporations (both non-profit and other corporations), partnerships (both limited and general), joint ventures, limited liability companies, and unincorporated associations, but the term does not include joint tenancies and tenancies by the entirety. 1.42 Organization Expenses - Those expenses incurred in the organization of the Company including the costs of preparation of the Operating Agreement and Articles. 1.43 Proceeding - Any judicial or administrative trial, hearing or other activity, civil criminal or investigative, the result of which may be that a court, arbitrator, or governmental agency may enter a judgment, order, decree, or other determination which, if not appealed and reversed, would be binding upon the Company, a Member or other person subject to the jurisdiction of such court, arbitrator, or governmental agency. 1.44 Property -Any property real or personal, tangible or intangible, including money and any legal or equitable interest in such property, but excluding services and promises to perform services in the future. 1.45 Permitted Transferee - Any member of the Member's Immediate Family, or an Organization controlled by such Member or by members of the Member's Immediate Family. 1.46 Person - An individual, trust, estate, or any incorporated or unincorporated organization permitted to be a member of a limited liability company under the laws of the State. 1.47 Proceeding - Any administrative, judicial, or other adversary proceeding, including, without limitation, litigation, arbitration, administrative adjudication, mediation, and appeal or review of any of the foregoing. 1.48 Regulations - Except where the context indicates otherwise, the permanent, temporary, proposed, or proposed and temporary regulations of the Department of the Treasury under the Code as such regulations may be lawfully changed from time to time. OPERATING AGREEMENT - 5 1.49 Related Person - A person having a relationship to a Member that is described in § 1.751-4(b) of the Regulations. 1.50 Resignation - The act by which a Managing Member ceases to be a Managing Member. 1.51 Sharing Ratio - With respect to any Member, the percentage of ownership in the Company as specified on Exhibit A to this Operating Agreement. 1.52 Subscription Agreement -Agreement between a Member and the Company to fulfill the Commitment defined in 1.11 of this Article. 1.53 Substitute Member - An Assignee who has been admitted to all of the rights of membership pursuant to the Operating Agreement. 1.54 Taxable Year - The taxable year of the Company as determined pursuant to §706 of the Code. 1.55 Taxing Jurisdiction - Any state, local, or foreign government that collects tax, interest or penalties, however designated, on any Member's share of the income or gain attributable to the Company. ARTICLE II FORMATION 2.1 Organization - The Members hereby organize the Company as an Idaho limited liability company pursuant to the provisions of the Act. 2.2 Agreement - For and in consideration of the mutual covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Members executing the Operating Agreement hereby agree to the terms and conditions of the Operating Agreement, as it may from time to time be amended according to its terms. It is the express intention of the Members that the Operating Agreement shall be the sole source of agreement of the parties, and, except to the extent a provision of the Operating Agreement expressly incorporates federal income tax rules by reference to sections of the Code or Regulations or is expressly prohibited or ineffective under the Act, the Operating Agreement shall govern, even when inconsistent with, or different than, the provisions of the Act or any other law or rule. To the extent any provision of the Operating Agreement is prohibited or ineffective under the Act, the Operating Agreement shall be considered amended to the smallest degree possible in order to make the agreement effective under the Act. In the event the Act is subsequently amended or interpreted in such a way to make any provision of the Operating Agreement that was formerly invalid valid, such provision shall be considered to be valid from the effective date of such interpretation or amendment. OPERATING AGREEMENT - 6 2.3 Naive - The name of the Company is OVERLAND STORAGE, LLC and all business of the Company shall be conducted under that name or under any other name, but in any case, only to the extent permitted by applicable law. 2.4 Effective Date - The Operating Agreement shall become effective upon the earlier of the filing and acceptance of the same with the Secretary of State of Idaho or the date of execution of the Operating Agreement. 2.5 Term - The Company shall be dissolved and its affairs wound up in accordance with the Act and the Operating Agreement on 2019, unless the term shall be extended by amendment to the Operating Agreement and the Articles of Organization, or unless the Company shall be sooner dissolved and its affairs wound up in accordance with the Act or the Operating Agreement. 2.6 Registered Agent and Office - The registered agent for the service of process and the registered office shall be that Person and location reflected in the Articles as filed in the office of the Secretary of State. The Managing Members, may, from time to time, change the registered agent or office through appropriate filings with the Secretary of State. If the Managing Members shall fail to designate a replacement registered agent or change of address of the registered office, any Member may designate a replacement registered agent or file a notice of change of address through appropriate filings with the Secretary of State. 2.7 Principal Office - The Principal Office of the Company shall be located at 2825 Hillcrest Lane, Caldwell, Idaho 83605. ARTICLE III NATURE OF BUSINESS 3.1 The Company may engage in any lawful business permitted by the Act or the laws of any jurisdiction in which the Company may do business. The Company shall have the authority to do all things necessary or convenient to accomplish its purpose and operate its business as described in this Article III. ARTICLE IV ACCOUNTING AND RECORDS 4.1 Records to be Maintained - The Company shall maintain the following records and information, at the Principal Office: A. A current and past list, setting forth the full name and last known mailing address of each member and manager, OPERATING AGREEMENT - 7 B. A copy of the Articles of Organization and all amendments thereto, together with executed copies of any powers of attorney pursuant to which any articles have been executed; C. Copies of the Company's federal, foreign, state and local income tax returns and reports, if any, for the three most recent years; D. Copies of the Operating Agreement including all amendments thereto and copies of any written operating agreement no longer in effect; E. Any financial statements of the Company for the three most recent years; F. A writing or other data compilation from which information can be obtained through retrieval devices into reasonably usable form setting forth the following: (i) the amount of cash and a description and statement of the agreed value of the other property or services contributed by each Member and which each Member has agreed to contribute; the times at which or events on the happening of which any additional Commitments agreed to be made by each Member are to be made; any right of a Member to receive, or of the Company to make, distributions to a Member which include a return of all or any part of the Member's Capital Contributions; and (iv) any events upon the happening of which the Company is to be dissolved and its affairs wound up. 4.2 Reports to Members: A. The Managing Members shall provide reports at least annually to the Members other than Assignees at such time and in such manner as the Managing Members may determine reasonable. B. The Managing Members shall provide all Members with those information returns required by the Code and the laws of any state in which the Company operates. 4.3 Accounts - The Managing Members shall maintain a record of Capital Account for each Member in accordance with Article VIII. OPERATING AGREEMENT - 8 ARTICLE V NAMES AND ADDRESSES OF MEMBERS 5.1 The names and addresses ofthe Initial Members are as reflected on Exhibit A attached hereto and by this reference made a part hereof as if set forth fully herein. ARTICLE VI RIGHTS AND DUTIES OF MEMBERS 6.1 Management Rights -All Members (other than Assignees) who have not Dissociated shall be entitled to vote on any matter submitted to a vote of the Members. The following actions require the consent of all of the Members: A. any amendment to this Operating Agreement; B. the admission of Assignees to Management Rights; C. the continuation of the Company after a Dissolution Event. D. the authorization of a Managing Member or Member to do any act on behalf of the Company that contravenes the Operating Agreement which shall require unanimous consent of the Members. 6.2 Majority - Whenever any matter is required or allowed to be approved by a Majority of the Members or a Majority of the Remaining Members under the Act or the Operating Agreement, such matter shall be considered approved or consented to upon the receipt of the affirmative approval or consent, either in writing or at a meeting of the Members, of Members having Sharing Ratios in excess of one half of the Sharing Ratios of all the Members entitled to vote on a particular matter. Assignees and, in the case of approvals to withdrawal where consent of the remaining Members is required, dissociating Members shall not be considered Members entitled to vote for the purpose of determining a Majority. In the case of a Member who has Disposed of that Member's entire Membership Interest to an Assignee, but has not been removed as provided below, the Sharing Ratio of such Assignee shall be considered in determining a Majority and such Member's vote or consent shall be determined by such Sharing Ratio. 6.3 Liability of Members - No person solely by virtue of his/her/its Member status shall be liable as such for the liabilities of the Company. The failure of a limited liability company to observe any formalities or requirements relating to the exercise of its powers or management of its business or affairs under this agreement or the Act shall not be grounds for imposing personal liability on the members or managers for liabilities of the limited liability company. OPERATING AGREEMENT - 9 6.4 Indemnifications - The Company shall indemnify the Members, Managing Members, and agents for all costs, losses, liabilities and damages paid or accrued by such Member, Manager or agent in connection with the business of the Company, to the fullest extent provided or allowed by the laws of the State. 6.5 Representations and Warranties - Each member, and in the case of an organization, the person(s) executing the Operating Agreement on behalf of the organization, hereby represents and warrants to the Company and each other Member that: (a) if that Member is an organization, that it is duly organized validly existing, and in good standing under the law of its state of organization and that it has full organizational power to execute and agree to the Operating Agreement to perform its obligations hereunder; (b) that the Member is acquiring its interest in the Company for the Member's own account as an investment and without an intent to distribute the interest; (c) the Member acknowledges that the interests have not been registered under the Securities Act of 1933 or any state securities laws, and may not be resold or transferred by the Member without appropriate registration or the availability of an exemption from such requirements. 6.6 Conflicts of Interest - A A Member, including a Managing Member, shall be entitled to enter into transactions that may be considered to be competitive with, or a business opportunity that may be beneficial to, the Company, it being expressly understood that some of the Members may enter into transactions that are similar to the transactions into which the Company may enter. Notwithstanding the foregoing, Members shall account to the Company and hold as trustee for it any property, profit, or benefit derived by the Member, without the consent of the other Members, in the conduct and winding up of the Company business or from a use or appropriation by the Member of Company property including information developed exclusively for the Company and opportunities expressly offered to the Company. B. A Member, including a Managing Member does not violate a duty or obligation to the Company merely because the Member's conduct furthers the Member's own interest. A Member may lend money to and transact other business with the Company. The rights and obligations of a Member who lends money to or transacts business with the Company are the same as those of a person who is not a Member, subject to other applicable law. No transaction with the Company shall be voidable solely because a Member has a direct or indirect interest in the transaction if either the transaction is fair to the Company or the disinterested Managing Members or disinterested Members, in either case knowing the material facts of the transaction and the Member's interest, authorize, approve, or ratify the transaction. OPERATING AGREEMENT -10 ARTICLE VII MANAGING MEMBERS 7.1 Original Managing Members - The ordinary and usual decisions concerning the business affairs of the Company shall be made by the Managing Members. There shall be three Managing Members who must be Members of the Company. The initial Managing Members shall be: John W Grunenwald Michael Bledsoe Joseph D. Ballenger Jr 7.2 Term of Office as Managing Member - No Managing Member shall have any contractual right to such position. Each Managing Member shall serve until the earliest of: A. the Dissociation of such Managing Member; B. removal of the Managing Member. C. the voluntary withdrawal as a Managing Member by a Member 7.3 Authority of Members to Bind the Company - The Members hereby agree that only the Managing Members and authorized agents of the Company shall have the authority to bind the Company. No Member other than a Managing Member shall take any action as a Member to bind the Company, and each Member shall indemnify the Company for any costs or damages incurred by the Company as a result of the unauthorized action of such Member. Each Managing Member has the power, on behalf of the Company, to do all things necessary or convenient to carry out the business and affairs of the Company, including, without limitation: A. the institution, prosecution and defense of any Proceeding in the Company's name; B. the purchase, receipt, lease or other acquisition, ownership, holding, improvement, use and other dealing with, Property, wherever located; C. the sale, conveyance, mortgage, pledge, lease, exchange, and other disposition of Property; D. the entering into contracts and guaranties; incurring of liabilities; borrowing money, issuance of notes, bonds, and other obligations; and the securing of any of its obligations by mortgage or pledge of any of its Property or income; OPERATING AGREEMENT - 11 E. the lending of money, investment and reinvestment of the Company's funds, and receipt and holding of Property as security for repayment, including, without limitation, the loaning of money to, and otherwise helping Members, officers, employees, and agents; F. the conduct ofthe Company's business, the establishment of Company offices, and the exercise of the powers of the Company within or without the State; G. the appointment of employees and agents of the Company, the defining of their duties, the establishment of their compensation; H. the payment of pensions and establishment of pension plans, pension trusts, profit sharing plans, and benefit and incentive plans for all or any of the current or former Members, employees, and agents of the Company; 1. the making of donations to the public welfare or for religious, charitable, scientific, literary or educational purposes; J. the payment or donation, or any other act that furthers the business and affairs of the Company; K. the payment of compensation, or additional compensation to any or all Members, and employees on account of services previously rendered to the limited liability company, whether or not an agreement to pay such compensation was made before such services were rendered; L. the purchase of insurance on the life of any of its Members, or employees for the benefit of the Company; M. the participation in partnership agreements, joint ventures, or other associations of any kind with any person or persons; N. the indemnification of Members or any other Person. 7.4 Actions of the Managing Members - Each Managing Member has the power to bind the Company as provided in this Article VII. Any difference arising as to any matter within the Authority of the Managing Members shall be decided by a majority in number of the Managing Members. No act of a Member in contravention of such determination shall bind the Company to Persons having knowledge of such determination. Notwithstanding such determination, the act of a Managing Member for the purpose of apparently carrying on the usual way of business or affairs of the Company, including the exercise of the authority indicated in this Article VII, no person dealing with the Company shall have any obligation to inquire into the power or authority of the Managing Member acting on behalf of the Company. OPERATING AGREEMENT -12 7.5 Compensation ofManaginglldember- Each Managing Member shall bereimbursed all reasonable expenses incurred in managing the Company and shall be entitled to compensation, in an amount to be determined from time to time by the affirmative vote of a Majority of the Members. 7.6 Managing Members' Standard of Care - A Managing Member's duty of care in the discharge of the Managing Member's duties to the Company and the other Members is limited to refraining from engaging in grossly negligent or reckless conduct, intentional misconduct, or a knowing violation of law. In discharging its duties, a Managing Member shall be fully protected in relying in good faith upon the records required to be maintained under Article IV and upon such information, opinions, reports or statements by any of its other Managing Members, Members, or agents, or by any other person, as to matters the Managing Member reasonably believes are within such other person's professional or expert competence and who has been selected with reasonable care by or on behalf of the Company, including information, opinions, reports or statements as to the value and amount of the assets, liabilities, profits or losses of the Company or any other facts pertinent to the existence and amount of assets from which distributions to members might properly be paid. 7.7 Removal of Managing Member - Any Managing Member may be removed by the affirmative vote of a Majority of the Members. ARTICLE VIII CONTRIBUTIONS AND CAPITAL ACCOUNTS 8.1 Initial Contributions - Each Initial Member shall make the Capital Contribution described for that Member on Exhibit A at the time and on the terms specified on Exhibit A and shall perform that Member's Commitment. If no time for contribution is specified, the Capital Contributions shall be made upon the filing of the Articles of Organization with the Secretary of State. The value of the Capital Contributions shall be as set forth on Exhibit A. No interest shall accrue on any Capital Contribution and no Member shall have the right to withdraw or be repaid any Capital Contribution except as provided in this Operating Agreement. Each Additional Member shall make the Initial Capital Contribution described in the Admission Agreement. The value of the Additional Member's Initial Capital Contribution and the time for making such contribution shall be set forth in the in Exhibit A to this Operating Agreement. 8.2 Additional Contributions - In addition to the Initial Capital Contributions and Commitments, the Managing Members may determine from time to time that additional contributions are needed to enable the Company to conduct its business. Upon making such a determination, the Managing Members shall give Notice to all Members in writing at least ten Business Days prior to the date on which such contribution is due. Such Notice shall set forth the amount of additional contribution needed, the purpose for which the contribution is needed, and the date by which the Members should contribute. Each Member shall be entitled to contribute a OPERATING AGREEMENT -13 proportionate share of such additional contribution. Except to the extent of a Member's unpaid Commitment, no Member shall be obligated to make any such additional contributions. In the event any one or more Members do not make their additional contribution, the other members shall be given the opportunity to make the contributions. Each Additional Member shall make the Capital Contribution to which such Member has agreed, at the time or times and upon the terms to which the Managing Members and the Additional Member agree. If the amounts of member contributions become unequal, the capitol accounts will be adjusted to reflect the new sharing ratios. 8.3 Enforcement of Commitments - In the event any Member (a Delinquent Member) fails to perform the Delinquent Member's Commitment, the Managing Members shall give the Delinquent Member a Notice of the failure to meet the Commitment. If the Delinquent Member fails to perform the Commitment (including any costs associated with the failure to demand compliance with the Commitment and interest on such obligation at the Default Interest Rate) within ten Business days of the giving of Notice, the managing Members may take such action, including but not limited to enforcing the Commitment in the court of appropriate jurisdiction in the state in which the Principal Office is located or the state of the Delinquent Member's address as reflected in the Operating Agreement. Each Member expressly agrees to the jurisdiction of such courts but only for the enforcement of Commitments. The Managing Members may elect to allow the other Members to contribute the amount of the Commitment in proportion to such Members' Sharing Ratios, with those Members who contribute (Contributing Members) to contribute additional amounts equal to any amount of the Commitment not contributed. The Contributing Members shall be entitled to treat the amounts contributed pursuant to this section as a loan from the Contributing Members bearing interest at the Default Interest Rate secured by the Delinquent Member's interest in the Company. Until they are fully repaid, the Contributing Members shall be entitled to all Distributions to which the Delinquent Member would have been entitled. Notwithstanding the foregoing, no Commitment or other obligation to make an additional contribution may be enforced by a creditor of the company unless the Member expressly consents to such enforcement or to the assignment of the obligation to such creditor. 8.4 Maintenance of Capital Accounts - The Company shall establish and maintain Capital Accounts for each Member and Assignee. Each Member's Capital Account shall be increased by (1) the amount of any Money actually contributed by the Member to the capital of the Company, (2) the fair market value of any Property contributed, as determined by the Company and the contributing Member at arm's length at the time of contribution (net of liabilities assumed by the Company or net of liabilities which the Company takes such Property subject to, within the meaning of §752 of the Code), and (3) the Member's share of Net Profits and of any separately allocated items of income or gain except adjustments of the Code (including any gain and income from unrealized income with respect to accounts receivable allocated to the Member to reflect the difference between the book value and tax basis of assets OPERATING AGREEMENT -14 contributed by the Member). Each Member's Capital Account shall be decreased by (1) the amount of any Money actually distributed to the Member, (2) the fair market value of any Property distributed to the Member, as determined by the Company and the contributing Members at arm's length value at the time of distribution (net of liabilities of the Company assumed by the Member or net of liabilities which the Member takes such Property subject to within the meaning of §752 of the Code), and (3) the Member's share of Net Losses and of any separately allocated items of deduction or loss (including any loss or deduction allocated to the Member to reflect the difference between the book value and tax basis of assets contributed by the Member). 8.5 Distribution of Assets - If the Company at any time distributes any of its assets in- kind to any Member, the Capital account of each Member shall be adjusted to account for that Member's allocable share (as determined under Article IX below) of the Net Profits or Net Losses that would have been realized by the Company had it sold the assets that were distributed at their respective fair market values immediately prior to their distribution. 8.6 Sale or Exchange of Interest - In the event of a sale or exchange of some or all of a Member's Interest in the Company, the Capital Account of the Transferring Member shall become the capital account ofthe Assignee, to the extent it relates to the portion of the Interest Transferred. 8.7 Compliance with Section 704(b) of the Code - The provisions of this Article VIII as they relate to the maintenance of Capital Accounts are intended, and shall be construed, and, if necessary, modified to cause the allocations of profits, losses, income, gain and credit pursuant to Article IX to have substantial economic effect under the Regulations promulgated under §704(b) of the Code, in light of the distributions made pursuant to Articles IX and XIV and the Capital Contributions made pursuant to this Article VIII. Notwithstanding anything herein to the contrary, this Operating Agreement shall not be construed as creating a deficit restoration obligation or otherwise personally obligate any Member to make a Capital Contribution in excess of the Initial Contribution. ARTICLE IX ALLOCATIONS AND DISTRIBUTIONS 9.1 Allocations of Net Profits and Net Losses from Operations - Except as may be required by §704(c) of the Code, and §§2, 3, and 4 of this Article IX, net profits, net losses, and other items of income, gain, loss, deduction and credit shall be apportioned among the Members in proportion to their Sharing Ratios. 9.2 Company Minimum Gain Cha tieback - If there is a net decrease in Company Minimum Gain for a Taxable Year, each Member must be allocated items of income and gain for that Taxable Year equal to that Member's share of the net decrease in OPERATING AGREEMENT -15 Company Minimum Gain. A Member's share of the net decrease in Company Minimum Gain is the amount of the total net decrease multiplied by the Member's percentage share of the Company Minimum Gain at the end of the immediately preceding Taxable Year. A Member's share of any decrease in Company Minimum Gain resulting from a revaluation of Company Property equals the increase in the Member's Capital Account attributable to the revaluation to the extent the reduction in minimum gain is caused by the revdluation. A Member is not subject to the Company Minimum Gain Chargeback Requirement to the extent the Member's share of the net decrease in Company Minimum Gain is caused by a guarantee, refinancing, or other change in the debt instrument causing it to become partially or wholly a Recourse Liability or a Member Nonrecourse Liability, and the Member bears the economic risk of loss (within the meaning of §1.752-2 of the regulations) for the newly guaranteed, refinanced, or otherwise changed liability. 9.3 Member Minimum Gain Chargeback - If during a Taxable Year there is a net decrease in Member Minimum Gain, any Member with a share of that Member Minimum Gain (as determined under §1.704-2(i)(5) of the Regulations) as of the beginning of that Taxable Year must be allocated items of income and gain for that Taxable Year (and, if necessary, for succeeding Taxable Years) equal to that Member's share of the net decrease in the Company Minimum Gain. A Member's share of the net decrease in Member Minimum Gain is determined in a manner consistent with the provisions of paragraph (g)(2) of this section. A Member is not subject to this Member Minimum Gain Chargeback, however, to the extent the net decrease in Member Minimum Gain arises because the liability ceases to be Member Nonrecourse Liability due to a conversion, refinancing, or other change in the debt instrument that causes it to become partially or wholly a Company Nonrecourse Liability. The amount that would otherwise be subject to the Member Minimum Gain Chargeback is added to the Member's share of Company Minimum Gain. In addition, rules consistent with those applicable to Company Minimum Gain shall be applied to determine the shares of Member Minimum Gain and Member Minimum Gain Chargeback to the extent provided under the Regulations issued pursuant to §704(b) of the Code. 9.4 Qualified Income Offset - In the event any Member, in such capacity, unexpectedly receives an Offsettable Decrease, such Member will be allocated items of income and gain (consisting of a pro rata portion of each item of the Company's income and gain for such year) in an amount and manner sufficient to offset such OMettable Decrease as quickly as possible. 9.5 Interim Distributions - From time to time, the Managing Members shall determine in their reasonable judgment to what extent, if any, the Company's cash on hand exceeds the current and anticipated needs, including, without limitation, needs for operating expenses, debt service, acquisitions, reserves, and mandatory distributions, if any. To the extent such excess exists, the Managing Members may make distributions to the Members in accordance with their Sharing Ratios. Such OPERATING AGREEMENT - 16 distributions shall be in cash or Property (which need not be distrusted proportionately) or partly in both, as determined by the Managing Members. ARTICLE X TAXES 10.1 Elections - The Managing Members may make any tax elections for the Company allowed under the Code or the tax laws of any state or other jurisdiction having taxing jurisdiction over the Company. 10.2 Taxes of Taxing Jurisdictions - To the extent that the laws of any Taxing Jurisdiction requires, each Member requested to do so by the Managing Members will submit an agreement indicating that the Member will make timely income tax payments to the Taxing Jurisdiction and that the Member accepts personal jurisdiction of the Taxing Jurisdiction with regard to the collection of income taxes attributable to the Member's income, and interest, and penalties assessed on such income. If the Member fails to provide such agreement, the Company may withhold and pay over to such Taxing Jurisdiction the amount of tax, penalty and interest determined under the laws of the Taxing Jurisdiction with respect to such income. Any such payments with respect to the income of a Member shall be treated as a distribution for purposes of Article IX. The Managing Members may, where permitted by the rules of any Taxing Jurisdiction, file a composite, combined or aggregate tax return reflecting the income of the Company and pay the tax, interest and penalties of some or all of the members on such income to the Taxing Jurisdiction, in which case the Company shall inform the Members of the amount of such tax interest and penalties so paid. 10.3 Tax Matters Partner - The Managing Members shall designate one of their number or, if there are no Managing Members eligible to act as tax matterspartner any othz-r Member, as the tax matters partner of the Company pursuant to §6231(a)(7) of the Code. Any Member designated as tax matters partner shall take such action as may be necessary to cause each other Member to become a notice partner within the meaning of §6223 of the Code. Any Member who is designated tax matter partner may not take any action contemplated by §§6222 through 6232 of the Code without the consent of the Managing Members. 10.4 Cash Method of Accounting - The records of the Company shall be maintained on a cash receipt and disbursements method of accounting. ARTICLE XI DISPOSITION OF MEMBERSHIP INTERESTS 11.1 Disposition - Any Member or Assignee may dispose of all or a portion of the Member's or Assignee's Membership Interest upon compliance with this Article 11. No Membership Interest shall be Disposed of: OPERATING AGREEMENT -17 A by sale or exchange, to third parties without the written consent of all other members; B. if such disposition, alone or when combined with other transactions, would result in a termination of the Company within the meaning of §708 of the Code; C. if the Managing Members request an opinion of counsel, such opinion of counsel must be satisfactory to the Managing Members and opine that such assignment is subject to an effective registration under the applicable state and federal securities laws; or exempt from such registration requirements; D. unless and until the Company receives from the Assignee the information and agreements that the Managing Members may reasonably require, including but not limited to any taxpayer identification number and any agreement that may be required by any Taxing Jurisdiction. 11.2 Dispositions not in Compliance with this Article Void -Any attempted Disposition of a Membership Interest, or any part thereof; not in compliance with this Article is null and void. ARTICLE XII DISSOCIATION OF A MEMBER 12.1 Dissociation - A Person shall cease to be a Member upon the happening of any of the following events: A. The member withdraws by voluntary act from the Company by giving thirty (30) days Notice to the Managing Members. B. The member ceases to be a member of the Company due to the assignment of all of such Member's interest in the Company and the Assignee has become a Substitute Member. C. The member is removed as a member by an affirmative vote of a Majority of the members who have not assigned their interests when the member assigns all of his interest in the Company. D. Except where the Member obtains the written consent of all Members at the time, the Member (i) makes an assignment for the benefit of creditors; (ii) files a voluntary petition in bankruptcy; (iii) is adjudicated a bankrupt or insolvent; (iv) files a petition or answer seeking for the member any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law or regulation; (v) files an answer or other pleading admitting or failing to contest the material allegations of a petition filed against the Member in any proceeding of this nature; or (vi) seeks, OPERATING AGREEMENT - 18 consents to, or acquiesces to the appointment of a trust-, receiver or liquidator of the Member or of all or any substantial part of the Member's properties. E. Except where the Member obtains the written consent of all Members at the time, ifwithin one hundred twenty (120) days after the commencement of any proceeding against the Member seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any statute, law or regulation, the proceeding has not been dismissed, or if within one hundred twenty (120) days after the appointment without his consent or acquiescence of a trustee, receiver or liquidator of the member or of all or any substantial part of his properties, the appointment is not vacated or stayed or if within one hundred twenty (120) days after the expiration of any stay, the appointment is not vacated. F. Except where the Member obtains the written consent of all Members at the time, in the case of a Member who is an individual; (i} The member's death; or The entry of an order by a court of competent jurisdiction adjudicating the member incompetent to manage his person or estate. G. Except where the Member obtains the written consent of all Members at the time, in the case of a Member who is a trust or is acting as a Member by virtue of being a trustee of a trust, the termination of the trust, but not merely the substitution of a new trustee. H. Except where the Member obtains the written consent of all Members at the time, in the case of a Member that is a separate limited liability company, the dissolution and commencement of winding up of the separate limited liability company. Except where the Member obtains the written consent of all Members at the time, in the case of a Member that is a corporation, the filing of articles of dissolution or forfeiture of its corporate powers or right to do business; Except where the Member obtains the written consent of all Members at the time, in the case of an estate, the distribution by the fiduciary of the estate's entire interest in the Company. K. In the case of a professional services limited liability company, restrictions or limitations are placed upon a Member's ability to continue to render professional services as described in section 53-614(5), Idaho Code. OPERATING AGREEMENT - 19 12.2 Rights of Dissociating Member - In the event any Member dissociates prior to the expiration of the Term: A if the dissociation causes a dissolution and winding up of the Company under Article XIV, the Member shall be entitled to participate in the winding up of the Company to the same extent as any other Member except that any Distributions to which the Member would have been entitled shall be reduced by the damages sustained by the Company as a result of the Dissolution caused by the dissociation and winding up; B. if the dissociation does not cause a dissolution and winding up of the Company under Article XIV and the event of dissolution is either 12. 1. C. or 12.1.F., the Member shall be entitled to an amount equal to the value of the Member's Membership Interest in the Company, to be paid within six months of the date of dissociation. As to all other events of dissolution defined in Article XII, Section 12.1 which do not cause a dissolution, the dissociated Member shall be entitled to receive an amount equal to the Member's Membership Interest in the Company, to be paid when the Company is dissolved and wound up in accordance with Article XIV. The value of the Member's Membership Interest shall include the amount of any Distributions to which the Member is entitled under the Operating Agreement and the fair value of the Member's Membership Interest as of the date of dissociation based upon the Member's right to share in distributions from the Company reduced by any damages sustained by the Company as a result of the Member's dissociation. ARTICLE XIII ADMISSION OF ASSIGNEES AND ADDITIONAL MEMBERS 13.1 Rights of Assignees - The Assignee of a Membership Interest has no right to participate in the management of the business and affairs of the Company or to become a Distributions and return of capital, and to be allocated the Net Profits and Net Losses attributable the Membership Interest. 13.2 Admission of Substitute Members - An Assignee of a Membership Interest shall be admitted as a Substitute Member and admitted to all the rights of the Member who initially assigned the Membership Interest only with the approval of all the Members. If so admitted, the Substitute Member has all the rights and powers and is subject to all the restrictions and liabilities of the Member originally assigning the Membership Interest. The admission of a Substitute Member, without more, shall not release the Member originally assigning the Membership Interest from any liability to the Company that may have existed prior to the approval. OPERATING AGREEMENT - 20 J 13.3 Admission of Additional Members - The Managing Members may permit the admission of Additional Members and determine the Capital Contributions of such Members only upon the approval of a Majority of the Members. ARTICLE XIV DISSOLUTION AND WINDING UP 14.1 Dissolution -The Company shall be dissolved and its affairs wound up, upon the first to occur of the following events (which, unless the Members agree to continue the business, shall constitute Dissolution Events): A the expiration of the Term, unless the business of the Company is continued with the consent of all of the Members; B. the unanimous written consent of all of the Members; C. the Dissociation of any Managing Member, unless the business of the Company is continued with the consent of all of the remaining Members within 90 days after such Dissociation; D. the entry of a decree of judicial dissolution. 14.2 Effect of Dissolution - Upon dissolution, the Company shall cease carrying on as distinguished from the winding up of the Company business, but the Company is not terminated, but continues until the winding up of the affairs of the Company is completed and the Certificate ofDissolution has been issued by the Secretary of State. 14.3 Distribution of Assets on Dissolution - Upon the winding up of the Company, the Company Property shall be distributed: A. to creditors, including Members who are creditors, to the extent permitted by law, in satisfaction of Company Liabilities; B. to Members in accordance with positive Capital Account balances taking into account all Capital Account adjustments for the Company's taxable year in which the liquidation occurs. Liquidation proceeds shall be paid within 60 days of the end of the Company's taxable year or, if later, within 90 days after the date of liquidation. Such distributions shall be in cash or Property (which need not be distributed proportionately) or partly in both, as determined by the Managing Members. 14.4 Winding Up and Certificate of Dissolution - The winding up of a limited liability company shall be completed when all debts, liabilities, and obligations of the limited liability company have been paid and discharged or reasonably adequate provision therefor has been ma_e, and all of the remaining property and assets of the limited OPERATING AGREEMENT - 21 liability company have been distributed to the members. Upon the completion of winding up of the Company, a certificate of dissolution shall be delivered to the Secretary of State for filing. The certificate of dissolution shall set forth the information required by the Act. ARTICLE XV AMENDMENT 15.1 Operating Agreement May Be Modified - The Operating Agreement may be modified as provided in this Article XV (as the same may, from time to time be amended). 15.2 Amendment or Modification of Operating Agreement -The Operating Agreement may be amended or modified from time to time only by a written instrument adopted and executed by all of the Members. ARTICLE XVI MISCELLANEOUS PROVISIONS 16.1 Entire Agreement - The Operating Agreement represents the entire agreement among all the Members and between the Members and the Company. 16.2 No Partnership Intended for Nontax Purposes - The Members have formed the Company under the Act, and expressly do not intend hereby to form a partnership under either the State Uniform Partnership Act nor the State Uniform Limited Partnership Act. The Members do not intend to be partners one to another, or partners as to any third party. To the extent any Member, by word or action, represents to another person that any other Member is a partner or that the Company is a partnership, the Member making such wrongful representation shall be liable to any other Member who incurs personal liability by reason of such wrongful representation. 16.3 Rights of Creditors and Third Parties under Operating Agreement - The Operating Agreement is entered into among the Company and the Members for the exclusive benefit of the Company, its Members, and their successors and assignees. The Operating Agreement is expressly not intended for the benefit of any creditor of the Company or any other Person. Except and only to the extent provided by applicable statute, no such creditor or third party shall have any rights under the Operating Agreement or any agreement between the Company and any Member with respect to any Capital Contribution or otherwise. OPERATING AGREEMENT - 22 NIENMER John W. Grunenwald 2825 Hillcrest Lane Caldwell, Idaho 83605 *Michael Bledsoe 1322 Torrey Ln Nampa, Idaho 83686 Joseph D. Ballenger, Jr. 1023 Augusta Dr. Exhibit "A" INITIAL CONTRIBUTIONNALUE INTEREST $2,500.00 33 1/3% $2,500.00 33 1/3% Nampa, Idaho 83686 $2,500.00 331/3 % *Michael Bledsoe additionally conveys all of his right, title and interest in that certain Real Estate Purchase and Sale Agreement and Receipt for Earnest Money dated March 29, 1999, equally to each member who in turn assigns it to Overland Storage, LLC. OPERATING AGREEMENT - 24 PLANT SCHEDULE L\�DSC'PE PL"' FOR 0VERL\VD NIVI-STUAGE SUBOIVISl0^7 - _ -- -- r y, a,W aY.., ...0 —.0 x0. Or SYa SO°fT LEES W 1.0.05[Y). — — -- a SCY..E roO,.GE SinIDi.GS- n.300 SO R. rlvNsfr—reaw�rn( '�'•�' � r•—r..w--.—._--.— I- li -W CONIFER TREE PLANTING DETAIL DECIDUOUS TREE PLANTING DETAIL moil FENCING PLAN FOR OVERLAP VI -STORAGE SUBDIVISION ----------- Ada County Highway District INTER -OFFICE MEMO Right-of=Wt>y & Development Depai-tment November 26, 2001 Planning & Development Division RECEIVED To: ACHD COMMISSION NOV 2 9 2001 From: Planning & Development City of Meridian Subject: Final Plat: Overland Mini -Storage City Clerk Officf- Meeting Date: December 5, 2001 FACTS & FINDINGS: 1. Overland Mini -Storage is a 4 -lot Commercial subdivision on 7.25 -acres. This site is located on the north side of Overland Road approximately 800 feet west of Locust Grove Road. 2. The preliminary plat was approved on September 22, 1999. All conditions of the preliminary plat have been satisfied. RECOMMENDATION: 1. Approve the final plat of Overland Mini -Storage and authorize the President to endorse. SUBMITTED BY: DATE OF COMMISSION APPROVAL PLANNING & DEVELOPMENT STAFF VI CI NITY MAP OVERLAND MINI -STORAGE 'nmol[ nr SUB H JNTSI� MERDIAN GRERa!. f POINTI NO. 02 N#FEid@'81 �Zf 1 i 1't I SPO MMAN NTE SUB NO. F 06 SPO IMMPOINTE NO 104 21M VIEW SUB SUB NO 07 I I �� 0.5 0 0.5 Mies T3n1ep Subdiv Stseg S3n1e18 PINNACLE ENGINEERS, INC. 870 N. LI NDER RD, STE B, MERIDIAN, I D 83642 p0jed# Cs1%116 PH 208-887-7760 FX 208-887-7781 Date: 6/4/99 �N IP x 8 9 11 �N �v SS��SS Z. 01 C m O y O z to C za e n e giv S .dye > Ce t ybm C f40 d5�x NZZoc R�7� F C, ern ,�. to tLO 0 c�x� t z' 00 o I to wm 1 S� 1K I Ottg0OK 14 o m:o a M' zra z �m N tV z t7 m N O 'TJ b a bio mp Fti vc �m NO u_0 u mpNi 0 D0 Ami a PILO m m%0 S Om Pm� 0� •w O m> ro�\I W W en O A Z m 'N x usio $ ; yoO1 ? ern �rn fa= 483.5 _ 0_ ___—_.__._— -- — — — — ;R7 8'57 45294' Z� / ZN P O C i m r e � �� 41g1 ,/1111x• � —"R 400• // , x 8 9 11 �N �v SS��SS Z. 01 C m O y O z to C za e n e giv S .dye > Ce t ybm C f40 d5�x NZZoc R�7� F C, ern ,�. to tLO 0 c�x� t z' 00 o I to wm 1 S� 1K I Ottg0OK 14 o m:o a M' zra z �m N tV z t7 m N O 'TJ b a Z D0 z Z S cc O mm m%0 S Om Pm� i A� O m> en O A Z m x usio $ ; yoO1 ? ern �rn fa= �n en ; r^ m m Z� 2 ZO ZN P O C i m r N c � x 8 9 11 �N �v SS��SS Z. 01 C m O y O z to C za e n e giv S .dye > Ce t ybm C f40 d5�x NZZoc R�7� F C, ern ,�. to tLO 0 c�x� t z' 00 o I to wm 1 S� 1K I Ottg0OK 14 o m:o a M' zra z �m N tV z t7 m N O 'TJ b a WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER CHRISTOPHER S. NYE Wm. F. GIORAY, III PHILIP A. PETERSON BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN LARRY D. MOORE DAVID M. SWARTLEY WILLIAM A. MORROW TERRENCE R. WHITE'S WILLIAM F. NICHOLS* 'ALSO ADMITTED IN OR "ALSO ADMITTED IN WA William G. Berg, Jr. Citv Cleric 33 East Idaho Street Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 836804150 TEL (208) 288.2499 FAX (208) 288-2501 January 7, 2002 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE RECEIVED City of Meridian City Clerk Office Re: OVERLAND MINI STORAGE SUBDIVISION FINAL PLAT (FP - 00 -005) Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Works. If you have any questions, please give me a call. AVeryly s, Wm. F. ichols msg/Z:\Work\M\Meridian 15360M\Overland Mini Storage FP\Clerk042I001tr BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF OVERLAND MINI STORAGE, LLC, FOR APPROVAL OF FINAL PLAT FOR OVERLAND MINI STORAGE SUBDIVISION LOCATED AT 1230 E. OVERLAND ROAD, LOTS 5 AND 6, BLOCK I OF TIMOTHY SUBDIVISION, MERIDIAN, IDAHO 04-21-00 Revised 01/07/02 CASE NO. FP -00-005 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on April 18, 2000, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Shari Stiles, Planning and Zoning Administrator, and Bruce Freckleton, Engineering Technician III, listing 10 General Comments and 14 Site Specific Comments, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, commented at the hearing, and Bob Unger appeared and testified on behalf of the ORDER OF CONDITIONAL APPROVAL OF -- PAGE 1 OF 4 FINAL PLAT FOR OVERLAND MINI STORAGE SUBDIVISION (FP -00-005) Applicant, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The revised Final Plat of "OVERLAND MINI -STORAGE SUBDIVISION' as evidenced in Plat bearing the File name: "PLAT OF OVERLAND MINI -STORAGE SUBDIVISION, A RESUBDIVISION OF LOTS 5 AND 6 BLOCK 1 OF TIMOTHY SUBDIVISION, BOOK 31, PAGES 1923 AND 1924 OF PLATS LYING IN A PORTION OF THE SEI/4 OF THE SEI/4 OF SECTION IS TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 2001, DRAWING NO. S3_96116, SHEET 1 OF 2, WRITTEN DATE: 15 NOV 01, PINNACLE ENGINEERGS, INC., Consulting Engineers, MIKE BLEDSOE, Developer", is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Shari Stiles, Planning and Zoning Administrator, dated April 14, 2000, listing 10 General Comments and 14 Site Specific Comments, a true and correct copy is attached hereto as Exhibit "A" and consisting of 4 pages, and by this reference incorporated herein, with the additional requirements as follows, to -wit: ORDER OF CONDITIONAL APPROVAL OF -- PAGE 2 OF 4 FINAL PLAT FOR OVERLAND MINI STORAGE SUBDIVISION (FP -00-005) 1.1 Fire Chief, Kenny Bowers, requires that fire hydrants shall be added throughout the project. Additionally, because of the length of the building, fire curtains might need to be added. 1.2 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1.2.1 State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. ORDER OF CONDITIONAL APPROVAL OF -- PAGE 3 OF 4 FINAL PLAT FOR OVERLAND MINI STORAGE SUBDIVISION (FP -00-005) 1.2.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. 1.2.3 No lot size may be reduced without prior approval of the Health Department authority. 1.3 The Nampa SL Meridian Irrigation District noted that the District's recorded easement of the Ninemile Drain is 60 feet, 30 feet from the center each way. The District notes the final plat does not reflect the recorded easement. 2. The final plat upon which there is contained the Certification and signature of the City Cleric and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on- site improvements. By action of the City Council at its regular meeting held on the 18th day of April, 2000. ORDER OF CONDITIONAL APPROVAL OF -- PAGE 4 OF 4 FINAL PLAT FOR OVERLAND MINI STORAGE SUBDIVISION (FP -00-005) Mayor & Council April 14, 2000 Page 2 8. Off-street parking areas shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements, and in accordance with Americans with Disabilities Act (ADA) requirements. All site drainage shall be contained and disposed of on-site. 9. All signage shall be in accordance with the standards set forth in City Ordinance 11-14 of the City of Meridian Zoning and Development Ordinance and/or as allowed under the conditional use permit process. No temporary signage, flags, banners or flashing signs will be permitted. 10. If possible, please respond in writing to the each of the comments contained in this memorandum, prior to the scheduled April 18, 2000 hearing by the Meridian City Council. SITE SPECIFIC COMMENTS 1. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian to re-evaluate assessments after 12 months of full occupancy. 2. Sanitary sewer service to this site will be via extensions from existing mains that were installed adjacent to the proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 3. Water service to thi, eitP will he via-yt,-nc;nne of Pv;ctlTo maine ;`+t aA ^.a:^..o.,* HUB OF TREASURE VALLEY • I _­ __ By: k -L -e- FO B�TOB RT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department: i p By !cw-- /z` Dated: City Cleric y C�> y By: J Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. Dated: City Clerk msg\ZAWork\M\Meridian 15360N1\Overland Mini Storage FP\Order FP /— y.6�2- ORDER OF CONDITIONAL APPROVAL OF -- PAGE 5 OF 4 FINAL PLAT FOR OVERLAND MINI STORAGE SUBDIVISION (FP -00-005) MEMORANDUM: To: Mayor and City Council eto Assistant to Ci Engine, From: Bruce Freckl n, City Shari Stiles, anning & Zoning Administrator �- LEGAL DEPARTMENT (20S) '-SS-1,.399 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 387-21_11 • Fax 887-1297 PLANNING .AND ZONING DEPARTMENT ('--08) 881-5533 • Fax 888-6851 April 14, 2000 Re: OVERLAND MINI -STORAGE by Overland Storage, LLC/Pinnacle Engineers • Request for Final Plat to Create Four (4) Commercial Lots by Resubdividing Lots 5 and 6, Block 1, Timothy Subdivision. We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL REQUIREMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Applicant is to meet all terms and conditions of the approved preliminary plat. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Title 9. Wells may be used for non-domestic purposes such as landscape irrigation. 4. Five -foot -wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.K- 5. Submit " finar, letter from the Ada County Street Name Committee, approving the subdivision and street names and lot and block numbering. Make any corrections necessary to conform. 6. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 7. Submit three copies of the revised Final Plat to the Meridian Public Works Department for compliance review and approval prior to approval of development plans. Exhibit "A" 1 of 4 Overland Mini Storaee.FP.doc HUB OF TREASURE VALLEY MAYOR A Good Place to Live Robert D. Come CITY OF MERIDIAN CITY COUNCIL MEMBERS 33 EAST IDAHO Ron Anderson MERIDIAN, IDAHO 836.2 Keith Bird (208) 888-4433 - Fax (208) 837-4813 TammyKeit dBird City Clerk Office Fax (208) 838-4213 Cherie McCandless MEMORANDUM: To: Mayor and City Council eto Assistant to Ci Engine, From: Bruce Freckl n, City Shari Stiles, anning & Zoning Administrator �- LEGAL DEPARTMENT (20S) '-SS-1,.399 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 387-21_11 • Fax 887-1297 PLANNING .AND ZONING DEPARTMENT ('--08) 881-5533 • Fax 888-6851 April 14, 2000 Re: OVERLAND MINI -STORAGE by Overland Storage, LLC/Pinnacle Engineers • Request for Final Plat to Create Four (4) Commercial Lots by Resubdividing Lots 5 and 6, Block 1, Timothy Subdivision. We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL REQUIREMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Applicant is to meet all terms and conditions of the approved preliminary plat. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Title 9. Wells may be used for non-domestic purposes such as landscape irrigation. 4. Five -foot -wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.K- 5. Submit " finar, letter from the Ada County Street Name Committee, approving the subdivision and street names and lot and block numbering. Make any corrections necessary to conform. 6. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 7. Submit three copies of the revised Final Plat to the Meridian Public Works Department for compliance review and approval prior to approval of development plans. Exhibit "A" 1 of 4 Overland Mini Storaee.FP.doc Mayor & Council April 14, 2000 Page 3 water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 6. As Overland Road is designated an entryway corridor in the Meridian Comprehensive Plan, a 35 -foot -wide planting strip beyond required right-of-way of Overland Road shall be constructed. 7. A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval prior to signature on the final plat. Due to the unusual circumstances associated with landscaping along Nine Mile Creek, a landscape/fencing plan shall be stamped as approved by Nampa -Meridian Irrigation District prior to signature on the the final plat and/or acceptance of a building permit application. 8. All required fencing is to be in place prior to applying for building permits. 9. The majority of this proposed development is FEMA floodplain boundary designation Zone X (Areas of 500 -year flood; areas of 100 -year flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 100 -year flood.) The designations are shown on the "Countywide Flood Insurance Rate Maps" with an effective date of September 22, 1999. The City of Meridian requires developments within flood plains to obtain a permit for Flood Plain Development from the Meridian Building Department prior to the commencement of any work. A note shall be required on the face of the plat that identifies the existence of the flood plain, and the requirements for construction within. 10. In the future, final plat map submittals to the City of Meridian shall be on 18x27 inch format as required by Idaho Code 50-1304. The plats shall be stamped, signed and dated by the Registered Professional Land Surveyor preparing said plat. Any submittals not complying to these requirements will not be considered complete. 11. The Certificate of Owners must contain a metes and bounds legal description of the proposed subdivision boundary. The existing lot, block, and subdivision description is not acceptable by the City of Meridian, nor the Ada County Surveyor. 12. Land surveyor preparing this plat needs to sign and stamp the Certificate of Surveyor, and face of plat. 13. Complete the Certificate of Owners, and the accompanying Acknowledgement. Exhibit A 3 of 4 Overland Mini StoraeeTP.doc FP -00-005 Mayor & Council April 14, 2000 Page 4 14. Please add or revise the following notes: (4.) Add instrument number to this note. (11.) The owner of each lot, across which passes an irrigation/drainage ditch or pipe, is responsible for the maintenance thereof, unless such responsibility is assumed by an irrigation/drainage district. (12.) The bottom elevation of structural footings shall be set a minimum of 12 inches above the highest established normal ground water elevation. Exhibit "A" 4 of 4 FP -00-005 Overland Mini Storage.FP.doc L©' �Jdd i eL-1 L.88 802 I I I A z t yg b Ga Nbf III w oa p u w 3d 3SC&W1 •00 sc I I N W m!; O W V a fl I I I A cG:bi ca. Ga Nbf III w oa `m u w 3d 3SC&W1 •00 sc I I N W m!; O W V a Dlb I _ 4 m 4� i F � Li O a � i S '. � .n � A � � ? � vl � j � t'� •� � � [[�'D c:: j p'll .00011 i av�i3 ��r.s I I I A III 3mY H5 `o I )eruaNv, I p. .00 Sc =I ,[fl'E9l 3,t 1t 9E.00NJ ' I 1 1, 3a��Spt1Y1 I ' � ,oa•tc I ; lY III �q1� LL 1, 1 3i P L � � , A��l l 3, IS,GE.CON m ci A. �j .[L'S91 ;IC.GE.00M -0 OZ `m u w 3d 3SC&W1 •00 sc I I N W m!; O SDI Dlb 1 I I `I.0 bLoOs __ —J'� p'll .00011 ? 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O� 5 3�• 3 y� �� L.i • ° ° rs• ° z s o o _ IX • Eft`E uS o�.a t O W V G u 'S•� Surf_ � N 0 z oz Meridian City Council Meeting April 18, 2000 Page 14 working with Nampa Meridian Irrigation District and some of these easements and how cooperative they are to work with. I would encourage you to mention to Doug to note this project as well as the other projects that he was going to discuss with him. Bowcutt: Okay. That sounds good. One of the big problems we have is with their attorney. Maybe it'd be nice if your attorney could talk to their attorney. Corrie: Okay. Any other questions from staff or Becky? deWeerd: No. Bird: I have none. Corrie: Hearing none, I'll entertain a motion on the request for final plat approval for Wilkins Ranch Subdivision, Item No. 7. McCandless: Mr. Mayor, I move that we approve the final plat approval for 27.61 acres with 81 building lots in an R-4 zone for Wilkins Ranch Subdivision by Steiner Development, LLC, and instruct our attorney to prepare the Findings of Facts and Conclusions of Law and Decision of Order and to incorporate the comments of Planning and Zoning. Corrie: Is there a second? deWeerd: Second. Corrie: Okay, motion has been made and seconded to approve the final plat of Wilkins Ranch Subdivision, Item No. 7, FP 00-006, and to incorporate the comments of the Planning and Zoning as staff and to have the attorney draw up the proper order and papers. Any further discussion? Hearing none, roll -call vote, Mr. Berg. Roll -call: deWeerd, aye; McCandless, aye; Bird, aye MOTION CARRIED: THREE AYES, ONE ABSENT Item 8. FP 00-005 Request for final plat approval for 7.25 acres with 4 building lots in a proposed C -G zone for Overland Mini Storage Subdivision by Overland Mini Storage, LLC — 1230 E. Overland Road.- Corrie- oad: Corrie: Item No. 8 is a request for final plat approval of 7.25 acres with 4 building lots in a proposed C -G zone for Overland Mini Storage Subdivision by Overland Mini Storage, LLC, 1230 East Overland Road. Staff comments. Meridian City Council Meeting April 18, 2000 Page 15 Stiles: Mr. Mayor and Council, I'd just like to verify with the City Clerk that the Ordinance for this property has been published. We got a little ahead of ourselves in processing this application. It shouldn't have been processed until the annexation was actually approved, but — Berg: (inaudible) Stiles: It was approved on the 4th. Is that a problem if it hasn't? Nichols: Mr. Mayor, members of the Council, if the ordinance has not been published, we can put this off and after a break, Mr. Berg can check in terms of a publication date, but if it's not in the requisite amount of time, then we shouldn't act on this particular deal. Berg: I'm assuming we'd do it after (inaudible) Bird: Can you check it out if we take a five-minute break? Corrie: Or do you want to wait until the next meeting? Can you look it up? I don't want to put you on the spot. Berg: I don't think I could even do that for sure because we don't even get the notice back of being published until after the fact, and that's usually about two weeks after the fact. Nichols: Mr. Mayor, members of the Council, Mr. Unger is here representing the applicant, and I don't know if he has seen the Ordinance published. Corrie: Let the record show that Mr. Unger is shaking his head no. Okay. Probably a better idea to table it to the 2nd of May. Bird: Mr. Mayor, Mr. Clerk, do we have a letter of transmittal or anything that we send in with these ordinances that would show when it was sent or anything? How do we do that? I'm asking the question. Berg: Mr. Mayor, members of the Council, we fax the Ordinances in. We do a lot of e-mail transmission, but I think with the Ordinances signed and stuff, we'll fax them in or mail them in, and then we get a notice, a certified notice from the Statesman saying they published it in the paper. Like I said, that's a couple weeks after the fact that we turn it in. I'd have to look through Shelby's file to find a fax confirmation that we turned it in, but my concern is that wouldn't tell me for sure when it was published. We have a window of 10 days after it's passed to get it in. Sometimes we have the map, or sometimes we have to get the map. Bird: And we don't control when they publish it as long as we get it in Meridian City Council Meeting April 18, 2000 Page 16 Berg: We get it in by a certain time. They say it's going to be published in Friday's papers. Friday is what they set aside for Meridian's — so much for a daily newspaper. We have a designated date of Fridays. Corrie: Bob, did you want to say something? Come up here, give you the privilege. It's your final plat. I have a question that I'm sure you're going to answer here. Unger: Bob Unger with Pinnacle Engineers, 870 North Linder Road, Suite B, Meridian. I guess the question I have is since the plat is not being signed yet, do we really have such a legal technicality here that the City Council couldn't go forward and then approve the final plat with the understanding that it wouldn't get signed until verification of the Ordinance being published? Could we not go forward that way? Corrie: That's a legal question. Counselor, do you have any comments? Nichols: Mayor, members of the Council, I think that might be okay because you're going to do Findings of Facts and Conclusions of Law anyway. Aren't you, on these final plats? You're going to have that, so if you tell me, go, then we'll have it ready to go on the 2"d. That way it's not put off for another two weeks. Corrie: Okay. Any other questions, discussion? Bird: Mr. Mayor, I move that we have the attorney draw up the Findings of Facts and Conclusions of Law, Decision of Order for Overland Mini Storage, the final plat approval of 7.25 acres with 4 building lots in a proposed C -G zone at 1230 East Overland Road to include staff comments. That's automatic. deWeerd: I'd second it. Corrie: Motion's been made and seconded to approve the request for the final plat and the attorney to draw up the Findings of Facts and Conclusions of Law including staff comments for the 5-2-2000 meeting. Any further discussion? Okay. Mr. Berg, would you take a roll -call vote, please. Roll -call: deWeerd, aye, McCandless, aye; Bird, aye MOTION CARRIED: THREE AYES, ONE ABSENT Item 9. Tabled April 4, 2000: Ada County Development Services 00-10 PDR / 00-05: Request for Preliminary Plat for Edinburgh Subdivision — 138 Lots on 40.69 Acres by Steve Smith — '/ mile east of Eagle Road on McMillan Road: Certified Mailing Returns Project Name ()U-.It,JO ►e-1 r?1 i fjti a ��G� File No(s) MH9-j I -LUU I l l hU) I% -):Zi mul-rh I I 1 HUMHS ... LUIi�Yi5 i5U n MAY 09 101 13:44 i :I TY OF rER I D I AN 208 684- 4259 TG _-dSSS$4 CITY OF MERIDL-.N RESEARCH REQUEST P. UU"L P.01/01 5-3 l -o Desoriptioa: �O -ice=----+ 03`1 o is l`ali' 5 • �G��G.���INFw.\ `tr'RE�SO.n �C� 7rP�ttw�...�t/\� Sc�•��.��l��rn' a.Kd e.`�•%eKscon. • S.�r.eZ co f ce.5 a�c C -k 1� 4'v �or 44S j REQUES-TOR'S SIGNATURE: of Pages. I Dace Finished: I Staff providing information:—. Time required: Staff Comnmeats: 0?00 Cl���v 44,-/ C�P(.ed m a)l -�i Cis c�� �rz. , Pp MAV 74 9 r%A w c. w- *: TOTAL PAGE. 01 LUBJOJJJJV Mrt7-J 1-LUU I l I rIU l I J L l Mur r fl l l 1 nuM11J ,Mo• Utt Thomas p 1viOFFATT THOMAS BARRETT ROCK er FIELDS, C:iTn. Return Mailing address: Return Delivery address: PO Box 829 101 S Capitol Blvd 10th FI Fax: 208 385 5384 Boise ID 83701 0829 Boise ID 83702 voice: 208 345 2000 Direct: 208 385 5336 2 Pages (including this cover page) Sent: May 31, 2001 File No.: 21-735.0 TO: Organization: City State: Tara City of Meridian Meridian Idaho Fax Number: 208 888 4218 Voice Number: 208 888 4433 FROM: Cori Barrera, Paralegal Description: Public Records Request Comment: Please see the attached public records request. PLEASE DELIVER IMMEDIATELY The information contained in this facsimile message is attorney privileged and confidential information intended only for the use of the individual or entity named above. If you have received this communication in error, please immediately notify us by telephone to arrange for return of the original document to us. Thank you. sol MTS 347M 1 MAY 71 ' GI1 F ILE COP BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION FOR THE FINAL PLAT FOR OVERLAND MINI STORAGE, LOCATED AT SUBDIVISION, LOCATED AT 1230 EAST OVERLAND ROAD, MERIDIAN, IDAHO BY: OVERLAND MINI STORAGE, LLC C/C 4-03-01 CASE NO. TE -01-003 ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR FILING THE FINAL PLAT This matter coming on regularly before the City Council on the 3`d day of April, 2001, upon the Applicant's time application for a one (1) year extension within which to submit the Final Plat, which was originally approved on April 18, 2000, as provided in § 12-3-6 B, and good cause appearing. IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: The above named Applicant is granted a one (1) year extended period of time until April 1, 2002, of this Order within which to submit the Final Development Plan Plat for the above entitled subdivision application. By action of the City Council at its regular meeting on the 3`d day of April, 2001. Order Granting A One (1) Year Time Extension For Filing 1 The Preliminary Plat and Final Plat (TE -01-003 ) DATED this -J- day of )2001. ♦; ,ert D. Corrie Copy served upon Applicant, Planning and Zoning Department, Public the City Attorney. 't�a.��rir�tr�irEr,, 4 v •,,,,, c F,. { _ ,• , ,,, Z:\Work\M\Meridian\Meridian 15360M\Overland Mini Storage TE -0 I -004\FPTime Extension -1 004.doc Works and BY Dated: ity LClerk Order Granting A One (1) Year Time Extension For Filing 2 The Preliminary Plat and Final Plat (TE -01-003) MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless F LK I TOT917.11 11L h HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 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 April 14, 2000 To: Mayor and City Council � From: Bruce Freckleto Assistant to City Engine' Shari Stiles, anning & Zoning Administrator Re: OVERLAND MNI-STORAGE by Overland Storage, LLC/Pinnacle Engineers • Request for Final Plat to Create Four (4) Commercial Lots by Resubdividing Lots 5 and 6, Block 1, Timothy Subdivision. We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL REQUIREMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Applicant is to meet all terms and conditions of the approved preliminary plat. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Title 9. Wells may be used for non-domestic purposes such as landscape irrigation. 4. Five -foot -wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.K. 5. Submit "final" letter from the Ada County Street Name Committee, approving the subdivision and street names and lot and block numbering. Make any corrections necessary to conform. 6. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 7. Submit three copies of the revised Final Plat to the Meridian Public Works Department for compliance review and approval prior to approval of development plans. Overland Mini Storage.FP.doc r'-1 Mayor & Council April 14, 2000 Page 2 8. Off-street parking areas shall be provided in accordance with Section 1 I-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements, and in accordance with Americans with Disabilities Act (ADA) requirements. All site drainage shall be contained and disposed of on-site. 9. All signage shall be in accordance with the standards set forth in City Ordinance 11-14 of the City of Meridian Zoning and Development Ordinance and/or as allowed under the conditional use permit process. No temporary signage, flags, banners or flashing signs will be permitted. 10. If possible, please respond in writing to the each of the comments contained in this memorandum, prior to the scheduled April 18, 2000 hearing by the Meridian City Council. SITE SPECIFIC COMMENTS Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian to re-evaluate assessments after 12 months of full occupancy. 2. Sanitary sewer service to this site will be via extensions from existing mains that were installed adjacent to the proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 3. Water service to this site will be via extensions of existing mains installed adjacent to the proposed development. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Please provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. 4. Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system (Owner's Association), plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of Overland Mini Storage.FP.doc FP -00-005 Mayor & Council April 14, 2000 Page 3 water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 6. As Overland Road is designated an entryway corridor in the Meridian Comprehensive Plan, a 35 -foot -wide planting strip beyond required right-of-way of Overland Road shall be constructed. 7. A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval prior to signature on the final plat. Due to the unusual circumstances associated with landscaping along Nine Mile Creek, a landscape/fencing plan shall be stamped as approved by Nampa -Meridian Irrigation District prior to signature on the the final plat and/or acceptance of a building permit application. 8. All required fencing is to be in place prior to applying for building permits. 9. The majority of this proposed development is FEMA floodplain boundary designation Zone X (Areas of 500 -year flood; areas of 100 -year flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 100 -year flood.) The designations are shown on the "Countywide Flood Insurance Rate Maps" with an effective date of September 22, 1999. The City of Meridian requires developments within flood plains to obtain a permit for Flood Plain Development from the Meridian Building Department prior to the commencement of any work. A note shall be required on the face of the plat that identifies the existence of the flood plain, and the requirements for construction within. 10. In the future, final plat map submittals to the City of Meridian shall be on 18x27 inch format as required by Idaho Code 50-1304. The plats shall be stamped, signed and dated by the Registered Professional Land Surveyor preparing said plat. Any submittals not complying to these requirements will not be considered complete. 11. The Certificate of Owners must contain a metes and bounds legal description of the proposed subdivision boundary. The existing lot, block, and subdivision description is not acceptable by the City of Meridian, nor the Ada County Surveyor. 12. Land surveyor preparing this plat needs to sign and stamp the Certificate of Surveyor, and face of plat. 13. Complete the Certificate of Owners, and the accompanying Acknowledgement. Overland Mini Storage.FP.doc FP -00-005 .-. Mayor & Council April 14, 2000 Page 4 14. Please add or revise the following notes: (4.) Add instrument number to this note. (11.) The owner of each lot, across which passes an irrigation/drainage ditch or pipe, is responsible for the maintenance thereof, unless such responsibility is assumed by an irrigation/drainage district. (12.) The bottom elevation of structural footings shall be set a minimum of 12 inches above the highest established normal ground water elevation. Overland Mini Storage.FP.doc FP -00-005 April 13, 2000 MERIDIAN CITY COUNCIL MEETING April 18, 2000 APPLICANT Overland Mini Storage, LLC ITEM NO. 8 REQUEST Final Plat approval for Overland Mini Storage Subdivision of 7.25 acres with 4 building lots in proposed C -G zone AGENCY COMMENTS CITY CLERK: see attached subdivision evalu tion CITY ENGINEER: (eqer CITY PLANNING DIRECTOR: see attached comments CITY ATTORNEY CITY POLICE DEPT: reviewed CITY FIRE DEPT: see attached CITY BUILDING DEPT: CITY WATER DEPT: "no remarks" MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: see attached NAMPA MERIDIAN IRRIGATION: see attached SETTLERS IRRIGATION: L IDAHO POWER: US WEST: �L✓ INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: itnocomment" from the sewer department Materials presented at public meetings shall become properly of the City of Meridian. PINNACLE M I Engineers , Inc . 870 N. LINDER SUITE B, MERIDIAN, ID 83642 PH (208) 887-7760 (208) 887-7781 FAX TO: CITY OF IvIrml NIV� Ll Under separate cover via CITY (-I G R K (� C fie following items ❑ SepiasNellums ❑ Calculations ❑ Specifications ❑ 8-1/2 x 11 Drawing(s) LETTER OF TRANSMITTAL A 1 90— L91:11 -g% lip r WE ARE SENDING YOU ❑ Shop drawings ❑ 11 x 17 Drawing(s) ❑ Copy of letter *Attached ❑ Blueprints ❑ 3 1/2" disk ❑ Mylar/Ammonia Mylar ❑ Field Report ❑ Change Order ❑ COPIES DATE REV. NO. DESCRIPTION IYAW 16d THESE ARE TRANSMITTED as checked below: ❑ For review X For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS ❑ No exceptions taken ❑ Resubmit copies for approval ❑ Make corrections noted ❑ Submit copies for distribution ❑ Revise and Resubmit ❑ Return corrected prints COPY TO: SIGNED: ❑ PRINTS RETURNED AFTER LOAN TO US March 29, 2000 Will Berg, City Clerk Meridian City Council 33 East Idaho Meridian, ID 83642 pCEIVEt MAR 3 1 2000 CITY OF MERIDIAN ' I III '. i 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Re: FP 00-005 Final Plat for Overland Mini Storage Subdivision Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District's recorded easement of the Ninemile Drain is 60 feet, 30 feet from the center each way. The final plat does not reflect this recorded easement. Sincerely, .` r2 Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 CENTRAL DISTRICT HEALTH DEPARTMENT MAIN OFFICE • 701 N. ARMSTRONG PL. •BOISE, ID 83704-0825 • (208) 375-5211 •FAX 3218500 L To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 00-0857 JAN - 2 2941 December 28, 2000 NMI" DAVID NAVARRO ADA COUNTY RECORDER 650 MAIN STREET BOISE, ID 83702 RE: Overland Mini Storage Subdivision Dear Mr. Navarro: Central District Health Department; Environmental Health Division, has reviewed and does approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on December 28, 2000. No lot size may be reduced without prior approval of the Health Department authority. If you have any questions, please call. Sincerely, Michael C. Reas Environmental Health Specialist cc: Department of Housing and Urban Development City of Meridian Pinacle Engineers, Inc. Overland Storage, LLC MR:bm Ada / Boise County Office 707 N. Armsrong PI. Boise, ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 Serving Valley, Elmore, Boise, and Ada Counties Ada -WIC Satellite Office 1606 Robert St. Boise, ID 83705 Ph. 334-3355 FAX: 334-3355 Elmore County Office 520 E. 8th Street N. Mountain Home, ID 83647 Enviro. Health: 587-9225 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Valley County Office 703 N. 1 st Street P.O. Box 1448 McCall, ID. 83638 Ph. 634-7194 FAX: 634-2174 92-6/1241 KURT D KROLL 237 1743 428 W MAYFAIR CT 208-384-0874 BOISE, ID 83706-4361 Date Pay to the Order of -LA)L) 2�1 A� =77777 Dollars First First Security Bank, N-4. ser rm* 1-208-393-4200 AT ct � -.,Q- r Y�l -, W"U"Y 1'% q lk;Qr. W.. U, 1:124�0100r.'.1:003 L0897 9011. ?L1 3 j [7 -i N CL MERIDIAN EVALUATION SHEET Proposed Development Name Overland Ministoraae S jbdivsion Facility File # CUP -99-033 Date Reviewed 8131199 Preliminary Stage XX Final Engineer/Developer Pinnacle En ineers Inc. The Street name comments listed below are made Countyemembers Eng neer) �egardif the Dg this COUNTY developmentdevelopmenEn NAME COMMITTEE (under direction of the Ad accordance with the Boise City Street Name Ordinance. The followin streets exist and their names shall a ear on the fat: n n There are no new street names proPosed for this develo ment. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAMn order or the sE COME.treet LL f the es signatures be officially ally be secured by the representative or his designee approved. ADA COUNTY SfiREET NAME COMMITTEE,' ► ENCY REP SENTATNES OR DESIGNEES Ada County Engineer John Prieste �' �v Date Ada Planning Assoc. Sue Hans r—.— Date Date Re resentativ -� City of Meridian P G. Meridian Fire District Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not Section signed fill Subindex Street Index NUMBERING OF LOTS AND BLOCKS d�L �2 TR\SUBS\SM-CITYTRM 04/19/2000 16:37 2088885052 _ MAYOR Robert D, Corrie ` 1 SANITARY SERVICE NUB OF TREASURE VALLEY A Good Place to Live CITY COUNCIL MEMBECITY OF MERIDIAN Ron Anderson 1 33 EAST IDAHO Keith Aird MERIDIAN, IDAFIO 83642 Tammy deV Gerd t (20S) SSS -4133 • Fax (208) 887-4S 13 Cherie McCandless City Clerk Office Fax (203) 888-421S PAGE 02 LF(', -NL 0EI AIRTNIENT (_OS) 2Sy-2-VA - Fax >QI PUi9LIC WORKS tiUIL1�fNC; I�F..!'1RT�I1.�-' PLANNfNG AN1) 7ONI�'� DEPAKTME,AT (_I)$) 8S.4-53-11 - FOR .l'SS•GS$1 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 City Council, Please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by April 7. 2000 TRANSMITTAL DATE: March 22 2000 HEARING DATE: Arl� •I 18, 2000 FILE NUMBER: FP 00-005 REQUEST: Final plat for Overland Mini Storage Subdivision of 7.25 acres with 4 building lots in proposed C G zone BY: Overland M C LOCATION OF PROPERTY OR PROJECT: 1230 E. Overland Road Lots 5 and 6 Block 1 of Timothv S11heiivicinn _ SALLY NORTON, P/Z _,KENT BROWN, P/Z _THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z —KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C TAMMY DE WEERD, C/C ,KEITH BIRD, C/C --CHERIE MCCANDLESS, C/C _WATER DEPARTMENT EWER D T ARY SERVICE ENT ,FIRE DEPARTMENT _POLICE DEPARTMENT `CITY ATTORNEY _CITY ENGINEER _,CITY PLANNER Gen -28 PP/FP/PFP•31 Az -27 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: v APR 2 0 2000 CITY OF Iv 11 1"LLN APR 19 100 16=37 2088885052 PAGE.02 Meridian City Council :ting February 1, 2000 Page 2 of Mirage Meadows Subdivision and Lots 19 and 20 of Chateau meadows East located at the end of Oakcrest Drive: Item I. Findings of Facts and Conclusions of Law: VAC 99-005 Request for vacation of the easement lying adjacent to the lot line common to Lots 6 and 7, Block 3, Thunder Creek Subdivision by Thunder Creek Partnership, LLC — south of Cherry lane, west of Ten Mile on Gray Cloud Way: Item J. Findings of Facts and Conclusions of Law: AZ 99-022 Request for annexation and zoning of 10 acres to L -O for proposed Magic View Office Complex by W.H. Moore Company — Eagle Road and Magic View: Item K. Findings of Facts and Conclusions of Law: CUP 99-040 Request for conditional use permit on a single site and an ancillary restaurant in an L -O zone for proposed Magic View Office Complex by W.H. Moore Company — Eagle Road and Magic View: Item L. Tabled from 01/18/2000: Findings of Fact and Conclusions of Law: CUP 99-033 Request for Conditional Use Permit — Commercial subdivision mini -storage on Lot 2 of proposed Overland Mini Storage Subdivision by Overland Mini Storage, LLC — 1230 East Overland Road: Item M. Approve bills: Corrie: Okay. We have on the Consent Agenda tonight Items A through M. Council, pleasure on Items? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I would move that we pull Item D which is an agreement between the City of Meridian, Idaho Independent Bank and Cherry Lane Recreation, Inc., to Item 1A on the Regular Agenda; Item F which is the Findings of Facts and Conclusions of Law, pull that to 10B, we need to discuss something on that; Items 1, J, K and L, table to 2/15/2000. If that's agreeable to Council, I'll make a motion that we accept the Consent Agenda as noted. Anderson: I'll second that. Corrie: Okay. Motion is made and seconded to accept the Consent Agenda with the exceptions as noted, Items D, F, I, J, K and L. Further discussion? I have Meridian City Councii ting 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: DECEMBER 7 1999 AGENDA ITEM NUMBER: __ M APPLICANT: OVERLAND MINI -STORAGE LLC RE UEST: FINDINGS OF FACT AND CONCLUSIONS Vt wn - �� • - - OVERLANDMINI-STORAGE SUBDIVISION 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 FINDINGS OTHER:of the City of Meridian. All Materials presented at Public meetings shall become property ur q V, - (A q -t" vy, IJ t- 01 fie r) -° `y L7 JUSTIN P. AYLSWORTH KATHY J. EDWARDS JULIE KLEIN FISCHER WM. F. GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208)288-2499 FAX (208) 288-2501 E -Mail:: wfgrawppmg. com December 2, 1999 NAMPA OFFICE 104 9T" AVE. S. POST OFFICE BOX 247 NAMPA IDAHO 83653-0247 TEL. (208) 466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE F c DEC - 2 1999 William G. Berg, Jr. CITY OF MERIDIAN Meridian City Clerk 33 E. Idaho Meridian, ID 83642 RE: OVERLAND MINISTORAGE SUBDIVISION BY: OVERLAND STORAGE, LLC / CASE NO. PP -99-015 Dear Will: Pursuant to City Council action of November 16, 1999, I have prepared the Findings and Order of Conditional Approval of Preliminary Plat in the application of Overland Storage, LLC, regarding the above matter. Please submit this to the City Council for approval and following their approval this document will be ready for the Mayor's signature and after the Mayor's signature has been secured, and the City Clerk's signature secured, the original should be retained by the City Cleric. Copies should be served upon the Applicant, the Planning and Zoning Department, Public Works Department and City Attorney, as designated by the City Cleric's signature. If you need further assistance by this office, please advise. Very truly yo rs, v / m. F. Giga , III Enclosure msg/Z:\Work\M\Meridian 15360M\Overland Mini storage\C1er1cPP.ltr BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE ) Case No. PP -99-015 REQUEST FOR PRELIMINARY ) FINDINGS OF FACT AND PLAT FOR OVERLAND ) CONCLUSIONS OF LAW AND MINISTORAGE SUBDIVISION ) ORDER OF CONDITIONAL BY OVERLAND STORAGE, LLC ) APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on the November 16, 1999, and Shari Stiles appeared at the hearing, and on behalf of the applicant was Bob Unger of Pinnacle Engineers, Inc., appearing at the hearing and testifying, and the City Council having received a report from Shari Stiles, the Planning and Zoning Administrator, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the latest Preliminary Plat Drawing Dated: 6-30-99, Drawn By: DAB, Checked By: David A. Bailey, P.E., Project No. C996116, Sheet PP -1, by Pinnacle Engineers, Inc., for Overland Ministorage Subdivision, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Section 11-9-604, Municipal Code of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - OVERLAND STORAGE, LLC FOR OVERLAND MINISTORAGE SUBDIVISION - PP -99-015 -- Page I of 8 Meridian. Therefore the City Council makes the following findings: FINDINGS OF FACT I. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993 and, the property is presently zoned Ada County M-1 Limited Industrial, but there is a pending application for annexation and zoning as C -G General Retail and Service Commercial, and requires connection to the Municipal Water and Sewer System. [see Section 11-2-408(B)(4), Municipal Code of the City of Meridian.] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Assistant City Engineer and as proposed by the developer as stated on the preliminary plat there will be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - OVERLAND STORAGE, LLC FOR OVERLAND MINISTORAGE SUBDIVISION - PP -99-015 -- Page 2 of 8 public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "Dated: 6-30-99, Drawn By: DAB, Checked By: David A. Bailey, P.E., Project No. C996116, Sheet PP -1, by Pinnacle Engineers, Inc., for Overland Ministorage Subdivision". DECISION AND ORDER Pursuant to the City Council's authority as provided in Section 11-9- 604E of the Municipal Code of the City of Meridian and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "Dated: 6-30-99, Drawn By: DAB, Checked By: David A. Bailey, P.E., Project No. C996116, Sheet PP -1, by Pinnacle Engineers, Inc., for Overland Ministorage Subdivision", is hereby FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - OVERLAND STORAGE, LLC FOR OVERLAND MINISTORAGE SUBDIVISION - PP -99-015 -- Page 3 of 8 conditionally approved; and 2. The conditions of approval are as follows to -wit: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: Adopt the Ada County Highway District recommendations as follows: 2.1 Dedicate 48 -feet of right-of-way from the Centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 188. 2.2 Locate any proposed gated entry a minimum of 50 -feet from Overland Road. Coordinate location of any proposed gated entry with District staff. 2.3 District policy requires the applicant to provide $14,000.00 deposit to the Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Overland Road abutting the parcel (approximately 700 -feet) prior to District approval of a final plat. 2.4 Construct two 30 -foot driveways with 15 -foot radii pavement tapers on Overland Road. Locate the western driveway 210 -feet east of the west property line and the eastern driveway located to align with Sportsman Way on the south side of Overland Road. 2.5 Provide a recorded cross access easement among the lots proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - OVERLAND STORAGE, LLC FOR OVERLAND MINISTORAGE SUBDIVISION - PP -99-015 -- Page 4 of 8 in the subdivision for access to Overland Road prior to final plat approval. 2.6 Provide a note on the final plat stating that upon redevelopment of Lot 1, Block 1, the driveway to the single family dwelling will be closed and access to the lot will be provided from the shared driveway located 210 -feet east of the west property line. 2.7 Other than access points specifically approved with this application, direct lot or parcel access to Overland Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Central District Health Department's Recommendations as follows: 2.8 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health &_ Welfare, Division of Environmental Quality. 2.9 Run-off is not to create a mosquito breeding problem. 2.10 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.11 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the City of Meridian Water Dept. recommendations as follows: 2.12 Interior water mains shall be private and meters shall be located at Overland Road right-of-way. Adopt the recommendations of the Planning and Zoning Department and the City Engineering Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - OVERLAND STORAGE, LLC FOR OVERLAND MINISTORAGE SUBDIVISION - PP -99-015 -- Page 5 of 8 2.13 Applicant shall obtain a letter from the Ada County Street Name Committee, approving the subdivision and street names. 2.14 Applicant shall coordinate fire hydrant placement with the City of Meridian Public Works Department. 2.15 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian to re-evaluate assessments after 12 months of full occupancy. 2.16 Applicant shall submit revised copies of the preliminary plat map with all buildings, sidewalks, driveways, etc., screened back, so that the proposed lot lines with scaled dimensions for the plat are clearly defined. Applicant shall submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office prior to the public hearing by the City Council. 2.17 Sanitary sewer service to this site will be via extensions from existing mains that were installed adjacent to the proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2.18 Water service to this site will be via extensions of existing mains installed adjacent to the proposed development. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 2.19 Two -hundred -fifty- and 100 -watt, high-pressure sodium FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - OVERLAND STORAGE, LLC FOR OVERLAND MINISTORAGE SUBDIVISION - PP -99-015 -- Page 6 of 8 streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 2.20 Underground pressurized irrigation must be provided to all landscape areas on site. Due to the landscape area that will be required under the planned development guidelines (minimum of 10% of gross land area), primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 2.21 Applicant shall show all existing easements for sanitary sewer, irrigation/drainage facilities located within the boundaries of this proposed development. The City of Meridian owns and maintains a 12 -inch diameter sanitary sewer main along the northeasterly boundary of this proposed site. The preliminary plat map shows a drainage detention facility over and within the sewer easement area. No subsurface drainage facilities will be allowed within the easement areas. 2.22 As Overland Road is designated an entryway corridor in the Meridian Comprehensive Plan, a minimum 35 -foot -wide planting strip beyond required right-of-way along Overland Road shall be constructed. 2.23 A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 2.24 All required fencing is to be in place prior to applying for building permits. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - OVERLAND STORAGE, LLC FOR OVERLAND MINISTORAGE SUBDIVISION - PP -99-015 -- Page 7 of 8 2.25 The majority of this proposed development is FEMA floodplain boundary designation Zone X (Areas of 500 -year flood; areas of 100 -year flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 100 -year flood.) The designations are shown on the "Countywide Flood Insurance Rate Maps" with an effective date of September 22, 1999. The City of Meridian requires Developments within flood plains to obtain a permit for Flood Plain Development from the Meridian Building Department prior to the commencement of any work. By action of the City Council at its regular meeting held on the day of 1999. By: ROBERT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department and City Attorney. In City Clerk Dated: msg/Z:\Work\M\Meridian 15360M\Overland MinistorageTPHOOrder FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - OVERLAND STORAGE, LLC FOR OVERLAND MINISTORAGE SUBDIVISION - PP -99-015 -- Page 8 of 8 ** TX CONFIF iON REPORT ** AS OF JAN 02 '6_ 17:15 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDS STATUS 15 01/02 17:11 PUBLIC WORKS OF --S 00'14" 001 078 OK 16 01/02 17:12 LEGAL DEPARTMENT EC --S 00'27" 001 078 OK 17 01/02 17:13 8841159 EC --S 00'23" 001 078 OK 18 01/02 17:14 2088840744 EC --S 00'23" 001 078 OK 19 01/02 17:14 206 8B8 6854 EC --S 00'23" 001 078 OK CENTRAL CP790ko DISTRICT HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE. 0 83704-0825 • (208) 375-5211 • FAX 327.8500 To prevent and treat disease and disability; to prornote healthy lifestyles; and to protect andpromote lire heullh mid quality of our envirounrent. 00-0857 SAN - 2 2001 December 28, 2000 GWOFNMIAN DAVID NAVARRO ADA COUNTY RECORDER 650 MAIN STREET BOISE, ID 83702 RE: Overland Mini Storage Subdivision Dear Mr. Navarro: Central District Health Department; Environmental Health Division, has reviewed and does approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on December 28, 2000. No lot size may be reduced without prior approval of the Health Department authority. If you have any questions, please call. Sincerely, t 6" g'6 Michael C. Reas Environmental Health Specialist CC: Department of Housing and Urban Development City of Meridian Pinacle Engineers, Inc. Overland Storage, LLC MR:bm Serving Valley, Elmore, Boise, and Ada Counties Ado / Bolse Courtly Ofte Ada -WIC Solellife Office Elmore County of8ee 707 N. Armsrong PI, 1606 Robert St. 520 E. 9th Street N. So", ID 83704 Boise. ID 83705 Mountoin Home. 10 63647 Enviro. Heolth•: 327-7499 Ph. 334-3355 Enviro. Health: 587-9225 FomBy Plonnino : 327-7400 FAX: 3343355 Fornlly Heoltrl: 587x407 Immunlzonons: 327.7450 WIC: 587x409 Senior Nutriti= 327-7460 FAX: 587x521 WIC: 327.7488 FAX: 327.6500 Valley County Office 703 N. 1 ss Street P.O. Box 1448 MCCo4 b. 83638 Ph. 634-7194 FAX: 634.2174 CIF CENTRAL DISTRICT HEALTH DEPARTMENT Rezone # CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Return to: ❑ Boise ❑ Eagle ❑ Garden City & Meridian Conditional Use # ❑ Kuna Preliminary / Final I Short Plat /``p CSO `ACZ �� ❑ )•k► 100p 10110i Slar'FG6" 5uQ ❑ 1. We have No Objections to this Proposal. MAR 2 9 2000 ❑ 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 ❑ 6. 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 If9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: E] central sewage E] community sewage system ❑community water ❑ sewage dry lines ❑ central water 10. Run-off is not to create a mosquito breeding problem. 7❑-] 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. /lam c' E S'E:.a�. A���rI.165w c>�, .n w,� 7`fj72 Date: 3 /tel ems, Lc. C Wsf 41e -t S Reviewed By: Review Sheet CDHD 10/91 rcb, rev. 7197 r -y 1 r- .. CEKTRAL WHEAL DISTRICT TH MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 375-5211 • FAX 327 :c5C0 DEPARTMENT — To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality q/ our envirunnum. STORM WATER MANAGEMENT RECOMMENDATIONS It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. Ada / Boise County Office 707 N. Armsrong PI. Boise, ID 83704 Enviro, Health: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC 327-7488 FAX 327-8500 Serving Valley, Elmore, Boise, and Ada Counties Ada 'WIC Satellite Office Elmore County Office 1606 Robert St. 520 E. 8th Street N. Boise, ID 83705 Mountain Home. ID 83647 Ph. 334-3355 Enviro. Health: 587-9225 FAX: 334-3355 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 valley County Office 703 N. 1 st Street P.O. Box 1448 McCall, ID 83638 Ph. 634-7194 FAX: 634-2174 � r HP LaserJet 3100 Printer/Fax/Copier/Scanner oL-ND CONFIRMATION REPORT for City of Meridian 2088886854 Apr -14-00 1:36PM Job Start Time Usage Phone Number or ID Type Pages Mode Status 651 4/14 1:35PM 1737" 208 887 7781 Send .............. 5/ 5 EC144 Completed................ Total 1137" Pages Sent: 5 Pages Printed: 0 C€ a °(F fa3ERIDIRN Plan)ii)�y £s Z�nir1, T. Bob UnW Hose shade" rac RW) 997.7781 oayw 4114= Pbwra (209) 887-7190 ►�Ys 5 ('-UcbB cover) Rae OArOW A41iS00re0a FP CC. O ftwk O For K -W— O Rome Cm.—d D please ■spy D Massa Recycle VINN,ACLE �RECEWED APR 18 2000 Engineers, Inc . C��-y OF MERIDIAN CITY rTLHK E TO: Shari Stiles Planning and Zoning Administrator M J 200 E. Carlton, Suite 201 Meridian, Idaho 83642 DATE: April 18, 2000 4 RE: Overland Mini -Storage Subdivision — Final Plat Ms. Stiles: In accordance with your staff report dated April 14, 2000 on the above referenced project, please consider this letter as our response. We have reviewed the staff report and concur and/or will comply with all items listed within the staff report. If you have any questions or comments regarding this matter, please call me at (208) 887-7760. Sincere Robert C. Unger Project Manager cc: File #C996116 Mike Bledsoe 870 NORTH LINDER SUITE B - MERIDIAN, IDAHO 83642 • (208) 887-7760 , FAX (208) 887-7781 M O� . ' Rober rrie CITY COU CIL EMBERS Ro {knd son eith rd T ny eerd Chen andless HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 8S8-4218 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 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 7, 2000 TRANSMITTAL DATE:_ March 22, 2000 HEARING DATE: April 18, 2000 FILE NUMBER: FP 00-005 REQUEST: Final plat for Overland Mini Storage Subdivision of 7.25 acres with 4 building lots in proposed C -G zone BY- Overland Mini Storage, LLC LOCATION OF PROPERTY OR PROJECT: 1230 E. Overland Road, Lots 5 and 6, Block 1 of Timothy Subdivision _ SALLY NORTON, P/Z KENT BROWN, P[Z _THOMAS BARBEIRO, PIZ _RICHARD HATCHER, P2 _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _TAMMY DE WEERD, C/C _KEITH BIRD, C/C CHERIE MCCANDLESS, C/C V'WATER DEPARTMENT _SEWER DEPARTMENT _SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER Gen -26 PP/FP/PFP.31 AZ -27 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: MAR 2 a 2000 14AR 2 4' 2000 Meridian City Water Superintendent F0'EJdd bbL0b8880Z 80:LT 00, LZ �IdW MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless NUB OF TREASURE VALLEY A Good Place to Livc CITY OF MERIDIAN 33 EAST IDAHO NIERIDIAN, IDAHO 83642 (208) 888-4433 - Fsx (208) 887-4813 City Clerk Oft -ice Fax (208) SSS -4213 LEGAL DEPARTMENT (208) 2SS-2499 - Fax 238-2501 PUBLIC WORKS P,UILDING DEPARTMENT ('_0'8)887-2211- Fax 887-1297 PLANNING AND ZONING DEPARTMENT (203) 884.5533 - Fax 888-6854 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 7. 2000 TRANSMITTAL DATE: March 22, 2000 HEARING DATE: April 18, 2000 FILE NUMBER: FP 00-005 REQUEST: Final plat for Overland Mini Storage Subdivision of 7-25 acres with 4 building lots in proposed C -G zone BY- Overland Mini Storage, LLC LOCATION OF PROPERTY OR PROJECT: 1230 E. Overland Road, Lots 5 and 6, Block 1 of Timothy Subdivision SALLY NORTON, P/Z KENT BROWN, P/Z _THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C _TAMMY DE WEERD, C/C _KEITH BIRD, C/C _CHERIE MCCANDLESS, 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 COMMUNITY 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) E REMARKS: Gen -25 PP/FP/PFPJr AZ -27 MAR 2 s zoos CIUf OF IRIDIAN MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 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 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn- Will Berg, City Clerk by: April 7, 2000 TRANSMITTAL DATE: March 22 2000 HEARING DATE:_ April 18, 2000 FILE NUMBER.- FP 00-005 REQUEST:_ Final plat for Overland Mini Storage Subdivision of 7.25 acres with_4 building lots in proposed C -G zone BY: Overland Mini Storage, LLC LOCATION OF PROPERTY OR PROJECT: 1230 E. Overland Road Lots 5 and 6 Block 1 of Timothy Subdivision SALLY NORTON, P/Z _`KENT BROWN, P/Z _THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C _TAMMY DE WEERD, C/C _KEITH BIRD, C/C _CHERIE MCCANDLESS, C/C _WATER DEPARTMENT -SEWER DEPARTMENT _SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER Gen -26 PP/FP/PFP-31 AZ -27 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) MAYOR <obert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless KUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 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 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 7, 2000 TRANSMITTAL DATE:_ March 22, 2000 HEARING DATE: April 18, 2000 FILE NUMBER.- FP 00-005 REQUEST: Final plat for Overland Mini Storage Subdivision of 7.25 acres with 4 building lots in proposed C -G zone BY: Overland Mini Storage, LLC LOCATION OF PROPERTY OR PROJECT: 1230 E. Overland Road, Lots 5 and 6, Block 1 of Timothy Subdivision _ SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _TAMMY DE WEERD, C/C _KEITH BIRD, C/C _CHERIE MCCANDLESS, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _SANITARY SERVICE BUILDING DEPARTMENT "FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER Gen -26 PP/FP/PFP-31 AZ -27 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) J YOUR CONCISE REMARKS: - a -?�_ C) 0 1/f to r _ '7`0 r - � Fv�� June 6, 2000 MERIDIAN CITY COUNCIL MEETING June 6, 2000 APPLICANT Overland Storage, LLC ITEM NO. P REQUEST Amend Development Agreement AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See affached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. i n to roff ice MEMORANDUM To: William G. Berg, Jr. cc: Mayor Robert D. Co i and City Council Members From: Wm. F. Nichols Subject: Overland Storage, L.L.C. (Development Agreement/AZ-99-018) Date: May 26, 2000 Will: RECEWED J U N - 1 2000 CITY OF NTERIDIAN After this matter was concluded, the Applicant noted a change that should have been made in the Development Agreement before final approval. Therefore, please find attached an original of the First Addendum to "Development Agreement" for Overland Storage, L.L.C. Amending Section 4. 1, which corrects this section. Additionally, I have attached the original of the Resolution and Certificate of the Clerk for this matter. The Addendum will now need to be executed by Michael Bledsoe of Overland Storage, L.L.C. and attested by the secretary. After obtaining the appropriate signatures this matter can be. placed upon an upcoming Council Consent Agenda for approval. If you have any questions on this matter, please advise. Z:\Work\M\Meridian 15360M\Overland Ministorage\Berg052600.Mem RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, THE FIRST ADDENDUM TO DEVELOPMENT AGREEMENT FOR OVERLAND STORAGE, L.L.C. AMENDING SECTION 4.ITO THE AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT". 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 First Addendum to Development Agreement for Overland Storage, L.L.C. Amending Section 4.1 to the agreement, with Overland Storage, L.L.C., denoted as "DEVELOPMENT AGREEMENT", which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Addendums. 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 First Addendum to Development Agreement for Overland Storage, L.L.C. Amending Section 4.1 to the agreement with Overland Storage, L.L.C., entitled "DEVELOPMENT AGREEMENT", 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 for First Addendum to the Development Agreement for Overland Storage, L.L.0 (AZ -99-018) Page 1 of 2 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, day of , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of Mayor Robert D. Corrie ATTEST: City Clerk Z:\Work\M\Meridian 15360M\Overland Ministorage\AddenDevAgmt.RES Resolution for First Addendum to the Development Agreement for Overland Storage, L.L.0 (A7--99-018) Page 2 of 2 CERTIFICATE OF CLERIC 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 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 AND CITY CLERIC TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, THE FIRST ADDENDUM TO DEVELOPMENT AGREEMENT FOR OVERLAND STORAGE, L.L.C. AMENDING SECTION 4.1 TO THE AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT". 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 First Addendum to Development Agreement for Overland Storage, L.L.C. Amending Section 4.1 to the agreement, with Overland Storage, L.L.C., denoted as "DEVELOPMENT AGREEMENT", which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Addendums. 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 Certificate of Clerk (AZ -99-018) Page 1 of 2 of the City of Meridian that certain First Addendum to Development Agreement for Overland Storage, L.L.C. Amending Section 4.1 to the agreement with Overland Storage, L.L.C., entitled "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. STATE OF IDAHO, ) ss. County of Ada, ) William G. Berg, Jr. On this day of , in the year 2000, before me, , a Notary Public in and for the State of Idaho, 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) Notary Public for Idaho Residing at: Commission Expires:_ ZAWork\M\Meridian 15360M\Overland Ministorage\CertofClerkLifePresICJointPowerAgmt Certificate of Clerlc (A7--99-018) Page 2 of 2 111� f ILE COPY FIRST ADDENDUM TO "DEVELOPMENT AGREEMENT" FOR OVERLAND STORAGE, L.L.C. AMENDING SECTION 4.1 WHEREAS, an error has been found in that certain "Development Agreement" by and between the City of Meridian and Overland Storage, L.L.C. in Section 4.1 therein and which should read as Section 6.1.1.; and WHEREAS, in order to correct this error it is necessary for the parties to enter into this Addendum. NOW, THEREFORE, it is agreed that: 1. That Section 4.1 of that certain "Development Agreement" by and between the City of Meridian and Overland Storage, L.L.C. dated the day of , 2000 is hereby amended to read as follows: 4.1 The construction, development, use, and maintenance of a ministorage facility consisting of ministorage buildings of various sizes not to exceed 80,430 square feet in total of all such buildings and one caretaker unit which development shall be pursuant to the City's Planned Unit Development procedures and pursuant to the conditional use permit process, in which process conditions shall be provided for but are herein not limited to landscape/common area requirements, right-of-way dedication prior to submitting for building permits, signage restrictions, and bike lanes. 2. The originals of this Addendum are to be appended to the originals of the "Development Agreement". IT IS SO AGREED. DATED AND SIGNED this day of , 2000. First Addendum to Development Agreement for Overland Mini Storage, L.L.0 Amending Section 4.1 - (AZ -99-018) Page 1 of 2 CITY OF MERIDIAN By: Mayor Robert D. Corrie ATTEST: - By: City Cleric BY COUNCIL RESOLUTION NO. OVERLAND STORAGE, L.L.0 Michael Bledsoe, managing member Michael Bledsoe Owner/Developer ATTEST: BY RESOLUTION NO. Z:\Work\M\Meridian 15360M\Overland Ministorage\AddendumtoDevAgmt First Addendum to Development Agreement for Overland Mini Storage, L.L.0 Amending Section 4.1 - (A7--99-018) Page 2 of 2 Meridian City Council ting 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 IQ MERIDIAN CITY COUNCIL MEETING: DECEMBER 7 1999 APPLICANT: OVERLAND MINI -STORAGE LLC AGENDA ITEM NUMBER: M RE UEST: FINDINGS Of FACT AND CONCLUSIONS cit wn - R� OVERLAND MINI -STORAGE SUBDIVISION 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 FINDINGS OTHER: All Materials presented at public meefings shall become property of the City of Meridian. �l urGet!v-Vtppadc 10• E-Mail::wfd awppmg.com December 2, 1999 DEC - 2 1999 William G. Berg, Jr. CITY OF MERIDIAN Meridian City Cleric 33 E. Idaho Meridian, ID 83642 RE: OVERLAND MINISTORAGE SUBDIVISION BY: OVERLAND STORAGE, LLC / CASE NO. PP -99-015 Dear Will: Pursuant to City Council action of November 16, 1999, I have prepared the Findings and Order of Conditional Approval of Preliminary Plat in the application of Overland Storage, LLC, regarding the above matter. Please submit this to the City Council for approval and following their approval this document will be ready for the Mayor's signature and after the Mayor's signature has been secured, and the City Cleric's signature secured, the original should be retained by the City Cleric. Copies should be served upon the Applicant, the Planning and Zoning Department, Public Works Department and City Attorney, as designated by the City Cleric's signature. If you need further assistance by this office, please advise. Very truly yo rs, m. F. Giga , III Enclosure msg/Z:AWork\M\Meridian 15360M\Overland Ministorage\ClerlcPP.Itr WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH NAMPA OFFICE KATHY J. EDWARDS 200 EAST CARLTON AVENUE, SUITE 31 104 9T" AVE. S. JULIE KLEIN F15CHER POST OFFICE BOX 1150 POST OFFICE BOX 247 WM. F. GIGRAY, III D. SAMUEL JOHNSON MERIDIAN, IDAHO 83680-1150 NAMPA IDAHO 83653-0247 TEL. (208) 466-9272 WILLIAM A. MORROW FAX (208) 466-4405 CHRISTOPHER S. NYE TEL (208) 288-2499 PHILIP A. PETERSON FAX (208) 288-2501 STEPHEN L. PRUSS PLEASE REPLY TO ERIC S. ROSSMAN MERIDIAN OFFICE TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCER. WHITE E-Mail::wfd awppmg.com December 2, 1999 DEC - 2 1999 William G. Berg, Jr. CITY OF MERIDIAN Meridian City Cleric 33 E. Idaho Meridian, ID 83642 RE: OVERLAND MINISTORAGE SUBDIVISION BY: OVERLAND STORAGE, LLC / CASE NO. PP -99-015 Dear Will: Pursuant to City Council action of November 16, 1999, I have prepared the Findings and Order of Conditional Approval of Preliminary Plat in the application of Overland Storage, LLC, regarding the above matter. Please submit this to the City Council for approval and following their approval this document will be ready for the Mayor's signature and after the Mayor's signature has been secured, and the City Cleric's signature secured, the original should be retained by the City Cleric. Copies should be served upon the Applicant, the Planning and Zoning Department, Public Works Department and City Attorney, as designated by the City Cleric's signature. If you need further assistance by this office, please advise. Very truly yo rs, m. F. Giga , III Enclosure msg/Z:AWork\M\Meridian 15360M\Overland Ministorage\ClerlcPP.Itr BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE ) Case No. PP -99-015 REQUEST FOR PRELIMINARY ) FINDINGS OF FACT AND PLAT FOR OVERLAND ) CONCLUSIONS OF LAW AND MINISTORAGE SUBDIVISION ) ORDER OF CONDITIONAL BY OVERLAND STORAGE, LLC ) APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on the November 16, 1999, and Shari Stiles appeared at the hearing, and on behalf of the applicant was Bob Unger of Pinnacle Engineers, Inc., appearing at the hearing and testifying, and the City Council having received a report from Shari Stiles, the Planning and Zoning Administrator, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the latest Preliminary Plat Drawing Dated: 6-30-99, Drawn By: DAB, Checked By: David A. Bailey, P.E., Project No. C996116, Sheet PP -1, by Pinnacle Engineers, Inc., for Overland Ministorage Subdivision, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Section 11-9-604, Municipal Code of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - OVERLAND STORAGE, LLC FOR OVERLAND MINISTORAGE SUBDIVISION - PP -99-015 -- Page 1 of 8 Meridian. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993 and, the property is presently zoned Ada County M-1 Limited Industrial, but there is a pending application for annexation and zoning as C -G General Retail and Service Commercial, and requires connection to the Municipal Water and Sewer System. [see Section 11-2-408(B)(4), Municipal Code of the City of Meridian.] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Assistant City Engineer and as proposed by the developer as stated on the preliminary plat there will be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - OVERLAND STORAGE, LLC FOR OVERLAND MINISTORAGE SUBDIVISION - PP -99-015 -- Page 2 of 8 public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "Dated: 6-30-99, Drawn By: DAB, Checked By: David A. Bailey, P.E., Project No. C996116, Sheet PP -1, by Pinnacle Engineers, Inc., for Overland Ministorage Subdivision". DECISION AND ORDER Pursuant to the City Council's authority as provided in Section 11-9- 604E of the Municipal Code of the City of Meridian and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "Dated: 6-30-99, Drawn By: DAB, Checked By: David A. Bailey, P.E., Project No. C996116, Sheet PP -1, by Pinnacle Engineers, Inc., for Overland Ministorage Subdivision", is hereby FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - OVERLAND STORAGE, LLC FOR OVERLAND MINISTORAGE SUBDIVISION - PP -99-015 -- Page 3 of 8 conditionally approved; and 2. The conditions of approval are as follows to -wit: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: Adopt the Ada County Highway District recommendations as follows: 2.1 Dedicate 48 -feet of right-of-way from the Centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 2.2 Locate any proposed gated entry a minimum of 50 -feet from Overland Road. Coordinate location of any proposed gated entry with District staff. 2.3 District policy requires the applicant to provide $14,000.00 deposit to the Rights -of -Way Trust Fund for the cost of constructing 5 -foot wide concrete sidewalk on Overland Road abutting the parcel (approximately 700 -feet) prior to District approval of a final plat. 2.4 Construct two 30 -foot driveways with 15 -foot radii pavement tapers on Overland Road. Locate the western driveway 210 -feet east of the west property line and the eastern driveway located to align with Sportsman Way on the south side of Overland Road. 2.5 Provide a recorded cross access easement among the lots proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - OVERLAND STORAGE, LLC FOR OVERLAND MINISTORAGE SUBDIVISION - PP -99-015 -- Page 4 of 8 in the subdivision for access to Overland Road prior to final plat approval. 2.6 Provide a note on the final plat stating that upon redevelopment of Lot 1, Block 1, the driveway to the single family dwelling will be closed and access to the lot will be provided from the shared driveway located 210 -feet east of the west property line. 2.7 Other than access points specifically approved with this application, direct lot or parcel access to Overland Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Central District Health Department's Recommendations as follows: 2.8 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2.9 Run-off is not to create a mosquito breeding problem. 2.10 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.11 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the City of Meridian Water Dept. recommendations as follows: 2.12 Interior water mains shall be private and meters shall be located at Overland Road right-of-way. Adopt the recommendations of the Planning and Zoning Department and the City Engineering Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - OVERLAND STORAGE, LLC FOR OVERLAND MINISTORAGE SUBDIVISION - PP -99-015 -- Page 5 of 8 2.13 Applicant shall obtain a letter from the Ada County Street Naive Committee, approving the subdivision and street names. 2.14 Applicant shall coordinate fire hydrant placement with the City of Meridian Public Works Department. 2.15 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian to re-evaluate assessments after 12 months of full occupancy. 2.16 Applicant shall submit revised copies of the preliminary plat map with all buildings, sidewalks, driveways, etc., screened back, so that the proposed lot lines with scaled dimensions for the plat are clearly defined. Applicant shall submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office prior to the public hearing by the City Council. 2.17 Sanitary sewer service to this site will be via extensions from existing mains that were installed adjacent to the proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2.18 Water service to this site will be via extensions of existing mains installed adjacent to the proposed development. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 2.19 Two -hundred -fifty- and 100 -watt, high-pressure sodium FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - OVERLAND STORAGE, LLC FOR OVERLAND MINISTORAGE SUBDIVISION - PP -99-015 -- Page 6 of 8 streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 2.20 Underground pressurized irrigation must be provided to all landscape areas on site. Due to the landscape area that will be required under the planned development guidelines (minimum of 10% of gross land area), primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 2.21 Applicant shall show all existing easements for sanitary sewer, irrigation/drainage facilities located within the boundaries of this proposed development. The City of Meridian owns and maintains a 12 -inch diameter sanitary sewer main along the northeasterly boundary of this proposed site. The preliminary plat map shows a drainage detention facility over and within the sewer easement area. No subsurface drainage facilities will be allowed within the easement areas. 2.22 As Overland Road is designated an entryway corridor in the Meridian Comprehensive Plan, a minimum 35 -foot -wide planting strip beyond required right-of-way along Overland Road shall be constructed. 2.23 A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 2.24 All required fencing is to be in place prior to applying for building permits. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - OVERLAND STORAGE, LLC FOR OVERLAND MINISTORAGE SUBDIVISION - PP -99-015 -- Page 7 of 8 2.25 The majority of this proposed development is FEMA floodplain boundary designation Zone X (Areas of 500 -year flood; areas of 100 -year flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 100 -year flood.) The designations are shown on the "Countywide Flood Insurance Rate Maps" with an effective date of September 22, 1999. The City of Meridian requires Developments within flood plains to obtain a permit for Flood Plain Development from the Meridian Building Department prior to the commencement of any work. By action of the City Council at its regular meeting held on the day of 1999. Los ROBERT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department and City Attorney. Dated: City Clerk msg/ZAWork\M\Meridian 15360M\Overland Ministorage\PMOOrder FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - OVERLAND STORAGE, LLC FOR OVERLAND MINISTORAGE SUBDIVISION - PP -99-015 -- Page 8 of 8 ** TX CONFIF iON REPORT ** A_. AS OF JAN 02 'U_ 17:15 PRGE.01 CITY OF MERIDIAN C7116CENTRAL DISTRICT 'HEALTH DEPARTMENT MAIN OFFICE • 707N. ARMSTRONG PL. -BOISE, 083704-0a25 • (209) 375.5211 • FAX 327.8500 To prevent and treat diseare and disability; to prmnote healthy lifestyles; and to protect and promote the health mid quality of our enviroument, 00-0857 JAN - 2 2001 December 28, 2000 GYOFNMIAN DAVID NAVARRO ADA COUNTY RECORDER 650 MAIN STREET BOISE, ID 83702 RE: Overland Mini Storage Subdivision Dear Mr. Navarro: Central District Health Department; Environmental Health Division, has reviewed and does approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on December 28, 2000. No lot size may be reduced without prior approval of the Health Department authority. If you have any questions, please call. Sincerely, �c- glil, Michael C. Reas Environmental Health Specialist CC: Department of Housing and Urban Development City of Meridian Pinacle Engineers, Inc. Overland Storage, LLC MR:bm Ada / Bob. County Omce 707 N. Armsrong Pl. SoLce: ID 83704 Enviro. Heoith+. 327-7499 Fomly Plonninq! 327.7400 Immunizations: 327-7450 Senior Nutrition:321.7460 WIC: 3274488 FAX: 327.8500 Serving Valley, Elmore, Boise, and Ada Counties Ada -WIC SolelNe Onlce 1606 Robert St. Boise. lD 83705 Ph. 334.3355 FAX. 3343355 Elmore County Office 520 E.11th Street N. Mountain Home. ID 83647 Envlro- Heolth: 587-9225 Famliy HOOM 587-4407 WIC 687.4409 FAX: 587-3521 Valley County Olfico 703 N. Is? STrew P.O Box 1448 McColl. b. B3638 Ph. 634-7194 FAX: 634.2174 DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 15 01/02 17:11 PUBLIC WORKS OF --S 00'14" 001 078 OK 16 01/02 17:12 LEGAL DEPARTMENT EC --S 00'27" 001 078 OK 1? 01/02 17:13 8841159 EC --S 00'23" 001 078 OK 18 01/02 1?:14 2088840744 EC --S 00'23" 001 078 OK 19 01/02 17:14 206 888 6854 EC --S 00'23" 001 078 OK C7116CENTRAL DISTRICT 'HEALTH DEPARTMENT MAIN OFFICE • 707N. ARMSTRONG PL. -BOISE, 083704-0a25 • (209) 375.5211 • FAX 327.8500 To prevent and treat diseare and disability; to prmnote healthy lifestyles; and to protect and promote the health mid quality of our enviroument, 00-0857 JAN - 2 2001 December 28, 2000 GYOFNMIAN DAVID NAVARRO ADA COUNTY RECORDER 650 MAIN STREET BOISE, ID 83702 RE: Overland Mini Storage Subdivision Dear Mr. Navarro: Central District Health Department; Environmental Health Division, has reviewed and does approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on December 28, 2000. No lot size may be reduced without prior approval of the Health Department authority. If you have any questions, please call. Sincerely, �c- glil, Michael C. Reas Environmental Health Specialist CC: Department of Housing and Urban Development City of Meridian Pinacle Engineers, Inc. Overland Storage, LLC MR:bm Ada / Bob. County Omce 707 N. Armsrong Pl. SoLce: ID 83704 Enviro. Heoith+. 327-7499 Fomly Plonninq! 327.7400 Immunizations: 327-7450 Senior Nutrition:321.7460 WIC: 3274488 FAX: 327.8500 Serving Valley, Elmore, Boise, and Ada Counties Ada -WIC SolelNe Onlce 1606 Robert St. Boise. lD 83705 Ph. 334.3355 FAX. 3343355 Elmore County Office 520 E.11th Street N. Mountain Home. ID 83647 Envlro- Heolth: 587-9225 Famliy HOOM 587-4407 WIC 687.4409 FAX: 587-3521 Valley County Olfico 703 N. Is? STrew P.O Box 1448 McColl. b. B3638 Ph. 634-7194 FAX: 634.2174 Cc CENTRAL DISTRICT 'HL -B % DEPARTMENT Rezone # CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Conditional Use # Preliminary(?Final) Short Plat p 00 -C)© r 6-kLP J6 W11 u iSj—Dr, 11j ❑ I • We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. Return to: ❑ Boise ❑ Eagle ❑ Garden City P� Meridian ❑ Kuna ❑ ACZ MAR 2 9 ?ann ❑ 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 i ❑ beverage establishment ❑ grocery store [� 14. 4lL(01- CC_Z-- ATi7,r4V �Z� c er n �-Q�2 iza �sGb�r l �] f/ � Date: c-1 �,G, Reviewed By:�siC��f CDHD I0/91 rd, rev. 7/91 Review Sheet CENTRAL �• DISTRICT HEALTH DEPARTMENT MAIN OFFICE - 707 N. ARMSTRONG PL. - BOISE. ID 83704-0825 • (208) 375-5211 • FAX 327-5500 u prevent ana meat atsease and disability; to promote healthv lifestyles; and to protect and promote the health and quality of our e11111 Irout11011. STORM WATER MANAGEMENT RECOMMENDATIONS It is recommended that storm water be pre-treated through a grassy Swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. Ada / Boise County Office 707 N Armsrong PI, Boise, ID 83704 Enviro, Health: 327-7499 Family Planning. 327-7400 mmunizaticns 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 Serving Dalley, Elmore, Boise, and Ada Counties Ada -WIC Satellite Office 1606 Robert St. Boise, ID 83705 Ph. 334-3355 FAX: 334-3355 Elmore County Office 520 E. 8th Street N. Mountain Home, ID 83647 Enviro. Health 587-9225 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Valley County Office 703 N. 1 st Street P.O. Box 1448 McCall, ID 83638 Ph. 634-7194 FAX: 634-2174 HP LaserJet 3100 j1 -ND CONFIRMATION REPORT for Printer/Fax/Copier/Scanner City of Meridian 2088886854 Apr -14-00 1:36PM Job Start Time Usage Phone Number or ID Type Pages Mode Status 651 4/14 1:35PM 1137" 208 887 7781 Send .............. 5/ 5 EC144 Completed........................................ Total 1'37" Pages Sent: 5 Pages Printed: 0 200E. C.W.Aga., St. 201 McMIaE, ID 83842 Pharr (206 D4 -%W F—(208)8888854 T. Bob Ulps F— Shad 8" F= (208)887-7781 D." 4/14/00 Pb— (208) 887-7780 Pq 5 0 em" BEs OVWWW FAR-SOprigC FP M. D Yrysrt ❑ Far brow O mwe Gasm.W O Mss MFIy D Pl F n�ayrJ. PINN,ACLE 'T �RECEIVE` APR 18 2000 Engineers, nc. CITY OF MERIDIAN CITY rLLHK E �k-l8-oa c/C-� TO: Shari Stiles m k Q �) il��l � Planning and Zoning Administrator 200 E. Carlton, Suite 201 Meridian, Idaho 83642 l DATE: April 18, 2000 RE: Overland Mini -Storage Subdivision — Final Plat Ms. Stiles: In accordance with your staff report dated April 14, 2000 on the above referenced project, please consider this letter as our response. We have reviewed the staff report and concur and/or will comply with all items listed within the staff report. If you have any questions or comments regarding this matter, please call me at (208) 887-7760. Sincere Robert C. Unger Project Manager cc: File #C996116 Mike Bledsoe 870 NORTH LINDER SUITE B - MERIDIAN, IDAHO 83642 , (208) 887-7760 - FAX (208) 887-7781 i. HUB OF TREASURE VALLEY M O LEGAL DEPARTMENT Rober rrie A Good Place to Live (2p8) 288-2499 - Fax 288-2501 CITY OF MERIDIAN PUBLIC WORKS CITY COU CILEMBERS BUILDING DEPARTMENT Ro And son 33 EAST IDAHO (208) 887-2211 - Fax 887-1297 eith rd MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING T .qty eerd DEPARTMENT Chen andless City Clerk Office Fax (208) 888-4218 (208) 884-5533 - Fax 888-6854 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN 411 1, To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Aril 7 2000 TRANSMITTAL DATE: March 22, 2000 HEARING DATE: April 18 2000 FILE NUMBER: FP 00-005 REQUEST: Final plat for Overland Mini Storage Subdivision of 7.25 acres with 4 building lots in proposed C -G zone BY: Overland Mini Storage, LLC LOCATION OF PROPERTY OR PROJECT: 1230E Overland Road, Lots 5 and 6, Block 1 of Timothy Subdivision SALLY NORTON, P/Z - !_KENT MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) BROWN, P/Z BARBEIRO, P/Z ADA COUNTY HIGHWAY DISTRICT _THOMAS HATCHER, PIZ COMMUNITY PLANNING ASSOCIATION _RICHARD KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT _ROBERT CORRIE, MAYOR RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT DE WEERD, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _TAMMY _KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) CHERIE MCCANDLESS, C/C _WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL) DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT _SEWER SERVICE ADA COUNTY (ANNEXATION) _SANITARY DEPARTMENT A / _BUILDING FIRE DEPARTMENT YOUR CONCISE REMARKS: ////� ., �°�'✓ ` POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MAR 2 4' 2000 Gen -26 PP/FP/PFP-31 AZ -27 I: MAR 2' 8 2000 Meridian City Water Superintendent Z0'39dd bbLab88807 80:LT 00, LZ �HW LEGAL DEPARTMENT (20S) 2SS-2499 - Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (20S) SS7-2211 - FaxS87-1297 PLANNING AND ZONING DEPARTMENT (208) 884.5533 - Fax 588-6854 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 7 2000 TRANSMITTAL DATE: March 22, 2000 HEARING DATE: April 18, 2000 FILE NUMBER: FP 00-005 REQUEST: Final plat for Overland Mini Storage Subdivision of 7-25 acres with 4 building lots in proposed C -G zone BY- Overland Mini Storage, LLC LOCATION OF PROPERTY OR PROJECT: 1230E Overland Road, Lots_ 5 and 6, Block 1 of Timothy Subdivision SALLY NORTON, PIZ KENT BROWN, P/Z _THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C _TAMMY DE WEERD, C/C _KEITH BIRD, C/C CHERIE MCCANDLESS, 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 COMMUNITY 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) REMARKS: Gen -26 PP/FPIPFP,31 AZ -27 MAR 2 8 2000 CITY OF HERiDLAN NUS OF TREASURE VALLEY MAYOR A Good Place to Livc Robert D. Corrie CITY OF MERIDIAN CITY COUNCIL MZMBERS Ron Anderson 33 EAST IDAHO NIERIDIAN, IDAHO 83642 Bird Keith Bird (208) 888-4433 - Fax (208) 887-4813 d TammdeWe rd y y City Clerk Office Fax (203) SSS -42 IS Cherie 80:LT 00, LZ �HW LEGAL DEPARTMENT (20S) 2SS-2499 - Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (20S) SS7-2211 - FaxS87-1297 PLANNING AND ZONING DEPARTMENT (208) 884.5533 - Fax 588-6854 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 7 2000 TRANSMITTAL DATE: March 22, 2000 HEARING DATE: April 18, 2000 FILE NUMBER: FP 00-005 REQUEST: Final plat for Overland Mini Storage Subdivision of 7-25 acres with 4 building lots in proposed C -G zone BY- Overland Mini Storage, LLC LOCATION OF PROPERTY OR PROJECT: 1230E Overland Road, Lots_ 5 and 6, Block 1 of Timothy Subdivision SALLY NORTON, PIZ KENT BROWN, P/Z _THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C _TAMMY DE WEERD, C/C _KEITH BIRD, C/C CHERIE MCCANDLESS, 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 COMMUNITY 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) REMARKS: Gen -26 PP/FPIPFP,31 AZ -27 MAR 2 8 2000 CITY OF HERiDLAN HUB OF TREASURE VALLEY MAYOR Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird iv1ERIDIAN ,IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless - City Clerk Office Fax (208) 8884218 DEPARTMENT (208) 884-55.3 • Fax 888-6854 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: April 7, 2000 TRANSMITTAL DATE: March 22, 2000 HEARING DATE: April 18, 2000 FILE NUMBER: FP 00-005 REQUEST: Final plat for Overland Mini Storage Subdivision of 7.25 acres with 4 building lots in proposed C -G zone BY: Overland Mini Storage, LLC LOCATION OF PROPERTY OR PROJECT: 1230 E. Overland Road, Lots 5 and 6 Block 1 of Timothy Subdivision _ SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C _TAMMY DE WEERD, C/C _KEITH BIRD, C/C _CHERIE MCCANDLESS, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _SANITARY SERVICE _BUILDING DEPARTMENT FIRE DEPARTMENT _ POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER Gen -26 PP/FP/PFP-31 AZ -27 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) KUB OF TREASURE VALLEY MAYOR ,2obert D. Corrie A Good Place to Live LEGAL DEPARTMENT ADA COUNTY HIGHWAY DISTRICT CITY OF MERIDIAN 2_ (208) :.88-249) •Fax _88-_�01 CITY COUNCIL MEMBERS CENTRAL DISTRICT HEALTH PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 857-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 8S8-4218 DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT (208) 884-5533 • Fax 888-6854 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: _ April 7, 2000 TRANSMITTAL DATE: March 22, 2000 HEARING DATE: April 18, 2000 FILE NUMBER: FP 00-005 REQUEST: Final plat for Overland Mini Storage Subdivision of 7.25 acres with 4 building lots in proposed C -G zone BY: Overland Mini Storage, LLC LOCATION OF PROPERTY OR PROJECT: 1230 E. Overland Road, Lots 5 and 6, Block 1 of Timothy Subdivision _ SALLY NORTON, P/Z KENT BROWN, P/Z _THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _TAMMY DE WEERD, C/C _KEITH BIRD, C/C _CHERIE MCCANDLESS, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _SANITARY SERVICE _BUILDING DEPARTMENT 'v< FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER Gen -26 PP/FP/PFP-31 AZ -27 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: 3— �L /'itzE /j o L tirJ c% 'fG � A Q i 1319— June 6, 2000 AZ 99-018 MERIDIAN CITY COUNCIL MEETING June 6, 2000 APPLICANT Overland Storage, LLC ITEM NO. P REQUEST Amend Development Agreement AGENCY CITY CLERK: COMMENTS CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. interoffice MEMORANDUM To: William G. Berg, Jr. cc: Mayor Robert D. Co ' and City Council Members From: Wm. F. Nichols Subject: Overland Storage, L.L.C. (Development Agreement/AZ-99-018) Date: May 26, 2000 Will: RECEWED J U N - 1 2000 CITY OF M ERIDLANN After this matter was concluded, the Applicant noted a change that should have been made in the Development Agreement before final approval. Therefore, please find attached an original of the First Addendum to "Development Agreement" for Overland Storage, L.L.C. Amending Section 4. 1, which corrects this section. Additionally, I have attached the original of the Resolution and Certificate of the Clerk for this matter. The Addendum will now need to be executed by Michael Bledsoe of Overland Storage, L.L.C. and attested by the secretary. After obtaining the appropriate signatures this matter can be placed upon an upcoming Council Consent Agenda for approval. If you have any questions on this matter, please advise. Z:\Work\M\Meridian 15360M\Overland Ministoragaerg052600.Mem RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERIC TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, THE FIRST ADDENDUM TO DEVELOPMENT AGREEMENT FOR OVERLAND STORAGE, L.L.C. AMENDING SECTION 4.1TO THE AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT". 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 First Addendum to Development Agreement for Overland Storage, L.L.C. Amending Section 4.1 to the agreement, with Overland Storage, L.L.C., denoted as "DEVELOPMENT AGREEMENT", which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Addendums. 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 First Addendum to Development Agreement for Overland Storage, L.L.C. Amending Section 4.1 to the agreement with Overland Storage, L.L.C., entitled "DEVELOPMENT AGREEMENT", 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 for First Addendum to the Development Agreement for Overland Storage, L.L.0 (AZ -99-018) Page 1 of 2 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, day of , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. Mayor Robert D. Corrie ATTEST: City Clerk Z:\Work\M\Meridian 15360M\Overland Ministorage\AddenDevAgmt.RES Resolution for First Addendum to the Development Agreement for Overland Storage, L.L.0 (A7--99-018) Page 2 of 2 CERTIFICATE OF CLERIC 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 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 AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, THE FIRST ADDENDUM TO DEVELOPMENT AGREEMENT FOR OVERLAND STORAGE, L.L.C. AMENDING SECTION 4.1TO THE AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT". 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 First Addendum to Development Agreement for Overland Storage, L.L.C. Amending Section 4.1 to the agreement, with Overland Storage, L.L.C., denoted as "DEVELOPMENT AGREEMENT", which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Addendums. 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 Certificate of Cleric 02-99-018) Page 1 of 2 of the City of Meridian that certain First Addendum to Development Agreement for Overland Storage, L.L.C. Amending Section 4.1 to the agreement with Overland Storage, L.L.C., entitled "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. STATE OF IDAHO, ) ss. County of Ada, ) William G. Berg, Jr. On this day of , in the year 2000, before me, a Notary Public in and for the State of Idaho, 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) Notary Public for Idaho Residing at: Commission Expires:_ ZAWork\M\Meridian 15360M\Overland Ministorage\CertofClerkLifePresI<JointPowerAgmt Certificate of Clerk (A7--99-018) Page 2 of 2 FILE COPS FIRST ADDENDUM TO "DEVELOPMENT AGREEMENT" FOR OVERLAND STORAGE, L.L.C. AMENDING SECTION 4.1 WHEREAS, an error has been found in that certain "Development Agreement" by and between the City of Meridian and Overland Storage, L.L.C. in Section 4.1 therein and which should read as Section 6.1.1.; and WHEREAS, in order to correct this error it is necessary for the parties to enter into this Addendum. NOW, THEREFORE, it is agreed that: 1. That Section 4.1 of that certain "Development Agreement" by and between the City of Meridian and Overland Storage, L.L.C. dated the day of , 2000 is hereby amended to read as follows: 4.1 The construction, development, use, and maintenance of a ministorage facility consisting of ministorage buildings of various sizes not to exceed 80,430 square feet in total of all such buildings and one caretaker unit which development shall be pursuant to the City's Planned Unit Development procedures and pursuant to the conditional use permit process, in which process conditions shall be provided for but are herein not limited to landscape/common area requirements, right-of-way dedication prior to submitting for building permits, signage restrictions, and bike lanes. 2. The originals of this Addendum are to be appended to the originals of the "Development Agreement". IT IS SO AGREED. DATED AND SIGNED this day of 2000. First Addendum to Development Agreement for Overland Mini Storage, L.L.0 Amending Section 4.1 - (A7--99-018) Page 1 of 2 CITY OF MERIDIAN Mayor Robert D. Corrie ATTEST: -- By: City Cleric BY COUNCIL RESOLUTION NO. OVERLAND STORAGE, L.L.0 Michael Bledsoe, managing member Michael Bledsoe Owner/Developer ATTEST: BY RESOLUTION NO. ZAWork\M\Meridian 15360M\Overland Ministorage\AddendumtoDevAgmt First Addendum to Development Agreement for Overland Mini Storage, L.L.0 Amending Section 4.1 - (AZ -99-018) Page 2 of 2