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Santee Commercial Complex FP 00-001 N W E S VICINITY IV1AP SANTEE COMMERCIAL COMPLEX 300 0 300 600 900 1200 1500 1800 Feet PINNACLE ENGINEERS, INC. o ~°~'``~ 870 N. LI NDER RD, STE B, MERIDIAN, I D 83642 • T3n1ep Project # C996143 ° ~" PH (208) 887-7760 FX (208) 887-7781 S3n1e07 Date: 6/21/99 ~lapur ROBERT' D. CORRIE City Council Members CHARLES ROUNTREE GLENN BENTLEY RON ;4NDERSON KEITH B[RD ~ KUl3 OF TRE.-1SURE VALLEY ~ A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO N[ERID[AN, IDAHO 83612 (203) 333-4433 • Fax (208) 837-=1813 City Clerk Fax (208) 388-4213 LEGAL DEPARTMENT l~os> 2ss-_a~n • Eu,r 2ss-2snt PUBLIC w"ORKS BUILDING DEPARTMENT PLANNING AND ZONING DEPARTMENT ('_OSlSS4-1533 • Fez 337-I^_97 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: January 12, 2000 TRANSMITTAL DATE: December 30. 1999 HEARING DATE: January 18, 2000 FILE NUMBER: FP-00-001 REQUEST: FINAL PLAT FOR SANTEE COMMERCIAL COMPLEX BY: SANTEE CONSTRUCTION (PINNACLE ENGINEERS) LOCATION OF PROPERTY OR PROJECT: _ LOT 3, BLOCK 2, RAILSIDE PARK SUBDIVISION _ P2 KENT BROWN, P2 _THOMAS BARBEIRO; P2 RICHARD HATCHER, P2 KEITH BORUP, P2 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 ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: '"~ ~ Engineers , Inc . TO: Shari Stiles, Planning and Zoning Administrator City of Meridian 200 E. Carlton, Suite 201 Meridian, Idaho 83642 DATE: October 5, 1999 RE: Final Plat of Santee Commercial Complex 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 $240.00 (24 lots @ $10.00 per lot). If you have any questions or concerns about this application, please contact me at (208) 887- 7760. Sincerely,- - v-- Ro ert C. Unger Project Manager cc: File #C996143 Wes Worcester 870 NORTH LIIVDER SUITE S .MERIDIAN, IDAHO 83642 ~ (208) 887-7760 ~ FAX (208) 887-7781 SUBDIVISION EVALUATION SHEET Proposed Development Name SANTEE COMMERCIAL COMPLEX City Meridian Date Reviewed 07/29/99 Preliminary Stage XXX Final Engineer/Developer Pinnacle Engr. / Railside Development 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 existnq street name shall appear on the plat. "N. RALSTIN STREET" 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, AGENC, REPRESENTATIVES OR DESIGNEES Ada County Engineer John Priester ~ L G... Date 1 Lg ~, Ada Planning Assoc. Ann Hurley ~'~ ~ ~ Date ~l ~ ~ City of Meridian Representative ` ~- ~~ ° ' ~~ ~ Date ~' ~ C Fire District Meridian Representative ate ~- 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 I!!1 Sub Index Street Index 3N 1 E 07 Section NUMBERING OF LOTS AND BLOCKS ' I ~ f ci,,~,~?f1v~-a~ ~,~~~~ 7! Z~h~ TR\SUBS\SM CITY.FRM 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. C ~ C ~ ' 199 .~-.r..°r...°.~.~ 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: SANTEE COMMERCIAL COMPLEX 2. General Location: LOT 3, BLOCK 2, RAILSIDE PARK SUBDIVISION _ 3. Owners of Record: RAILSIDE DEVELOPMENT INC. Address: 4414 GEKELER LN, BOISE, ID_,Zip 83716 Telephone 342-8901 4. Applicant:PINNACLE ENGINEERS, INC. FOR SANTEE CONSTRUCTION Address: 870 N. CINDER RD, SUITE B ,Zip_83642 Telephone 887-7760 5. Engineer: JOHN CARPENTER /BOB LINGER Firm: PINNACLE ENGINEERS 6. Name and address to receive City billings Name SANTEE CONSTRUCTION Address 10065 WESTVIEW, BOISE, ID 83704 ~ Telephone 377-5536 PRELININARY PLAT CHECKLIST: Subdivision Features 1. Acres:_ _ 2. Number of building lots:_ 3. Number of other lots:_ _ 4. Gross Density per acre: _ 5. Net density per acre: 6. Zoning Classification(s):_ 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification?_ 8. Does the plat border a potential green belt?_ 9. Have recreational easements been provided for?_ 10. Are there proposed recreational amenities to the City?_ 11. Are there proposed dedications of common areas?_ _Explain For future parks?_ Explain 12. What school(s) the ares?~ Do you propose any agreements for future school sites?_ Explain 208 375 7275 P.02 { 821 44'est State Street !Boise, Idaho $37(12 (Z48j 336-670U $1>1 VV. Ritletnan Strut I Boise, Idaho 83704 (Zt?8) 377-2700 SAACE ABOVE FOR RECORDP.Vf DATA ~~~Z+a,1t3~?~,t~~AS~~?t~~R~ ~. n~ Q~i.7ITCLAIM DEED ~~~ ~: ff t:QB VALUE REf.'SIVED LARRY M. TAYLOR A1~D~TAliI L. TA7CLOR,~ g{iSSAND' AND WIFE AND I~ WESLEY A. WORCESTER AND SUSAN C. WDgCES , $DSBA)+ID Ai>m WIFE ~~ do hereby convey, release. renvse and fozswer quitclaim nnto SWCB, INC., ~ IDAHO CORPORATION whose address is: &51 E. ANTZLLFS CDIIRT MERIDIAN, IA $3b42 the failowiog descriibed p~~ to wit: LoT 3 IN sLt7cx 2 of RAILSIDE PARK SUSDIVISIOR, ACCORDING TO THH OFFICIAL YLp,T THIItEOF, FILED IN BOOK 73 OF PAGES 7551 AND 7562, RECORDS Olt' ADA COUNTY, IDAHO. TA;I; PARCEL NO. R732b470$AO ^" .. -; G together with their appurtenvtees_ Dated: SEPTEl3'BE~ 29TH, 1999 ~ .~ f , $ ~~ '~ -~ TAMi ~ O ' ~ ~ /? 'F~ _. LEY... RCESTER SUSAN C. WORCESTER '~ ST?iTE QF IbAHO Chanty of ADA ss. 3ti ~`! ~~ C)ii t2I55 ~ slay flf. SEPTF2IDER in the year of 1999 . beftrre me i~~ THE UNDE&SIGNED -. _~. ansuarvpubl.~, %-, persoaallyappeared, _LARRY.M. TAYLOR, TAY L. TAYLOR, WESLEY A. i~ORCESTER, SIISAN C. WORCESTER knrnvn cir identified to me to be the }arson{s) whoa` name(s) ARE b ib d su scr e to the within instrtunent, and acknowledges} to me *hat ~ lte Y execute[! the same. ~~ Natary Public: s ~ Residut= at: Oi E; ED ~~~ ?riy tJw?t~micsit~t E'zltirc~s: - 6 29 20#3I ____ _ .v i t ~.. ~....:~t1i {~~: -.~_,.f~L..1_ti': ~'a(~ y~j Fr t f ~`~f ( ~Yr ~y N W E s ~, VICINITY MAP SANTEE COMMERCIAL COMPLEX 300 0 300 600 900 1200 1500 1800 Feet PINNACLE ENGINEERS, INC. o ~°"~~ 870 N. 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I ~ ds •i gi4 v{iw$ .bi ~~ai°~ W mp0 ~ I ~^ ~^ I I .._ z ~z` ~ ' ~rt-- --_ __ I c _ aGy ~_: f6f__- _ .tO'OC _OO'OC -OO'OC -~__~~___,~~ 90_84 r;a ,BSLIit 3.£Z. Z.ION --- - _~--___-------' y L531Y1 .0- ONV 'LSl3 .OZ SON3Uf3 LN3N35Y3 NOLLY91Mtl1 NVIda3a/VdaVN Y m Nd9W0af15 71Wd 3O61Ntl N NIPOHS SY NM1O M3OAN5 ~0 3Nf1 a3LN3O T fT1 O C s D ~~l ~~I z $I ~~i ~~ !o e • / ~. _~ C a W o 0 m ~ m ~ 'il a `D d S ~ C W O ~- (D ~ po O w .AI N ~ 0 .4 Z ~~ t . -- •• ~• PINNACLE ENGINEERS, INC. WESTERN BANK BUSINESS BANKING CENTER 870 N CINDER, SUITE B • MERIDIAN, ID 83642. MERIDIAN OFFICE (208) 887-7760 (800) 273-5967 96-455/409 1232 00159901 City Of Meridian Two Hundred Forty and 00/100"""`*'""`"*"` DATE 10/5/99 5v1O AMOUNT ***240.00 PAY TO THE ORDER City Of Meridian OF _._ _ _-.~~2_" .. ~~'00 5 5 LOii' ~: L 2 3 204 5 50~: 40900 ~ 5990 L~~' ~1 RE~'~ll~~'D APR 1 4 2000 DECLARATION OF COVENANTS, CO~I'I'IONS, A-ND P:~=STRICTIONS FOR SANTEE COMMEIZC~, COMPLEX THIS DECLARATION is made on the date hereinafter set forth by SWCR, INC., an Idaho corporation, hereinafter referred to as the "Declarant"; R E C I T A L S: WHEREAS, the Declarant is the Owner of certain real property situate in the City of Meridian, County of Ada, State of Idaho, which property is more particularly described as: Lot 3, Block 2 of Ralston Industrial Park Subdivision as the same is reflected on the Plat thereof in the records of Ada County, Idaho. and which real property is hereinafter referred to as the "Property." NOW, THEREFORE, Declarant hereby declares that the Property shall hereafter be held, sold, and conveyed subject to the following easements, restrictions, covenants, and conditions which are for the purpose of protecting the value and desirability of, and which shall run with and bind, the Property and each and every part, parcel, and Lot thereof. These easements, restrictions, covenants, and conditions shall be binding upon all parties hereafter having any right, title, or interest in the Property or any part, parcel, or Lot thereof, and upon their heirs, successors, and assigns. These easements, restrictions, covenants, and conditions shall also inure to the benefit of each present and future Owner of the Property and/or the Owner of any part, parcel or Lot thereof. Notwithstanding the foregoing, pursuant to Section 55-1504 (b) of the Idaho Code, Declarant expressly declares that the provisions of Title 55, Chapter 15 of the Idaho Code shall not be applicable to this project. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 1, ~~~~~~~ /"~ r+1 ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to SANTEE COMMERCIAL COMPLEX BUSINESS OWNERS ASSOCIATION, INC., a nonprofit corporation organized under the laws of the State of Idaho, or any successor or assign of the Association. Section 2. "Owner" shall mean and refer to the record owner, whether one (1) or more persons or entities, of a fee simple title to any Lot which is a part of the Property, including contract purchasers,-but excluding those parties having an interest merely as security for the performance of an obligation. Section 3. "Property" shall mean and refer to the real property constituting the SANTEE COMMERCIAL COMPLEX according to the official recorded plat thereof, and every part, parcel, and Lot thereof, and shall further mean and refer to such additional real property as may hereafter be made subject to this Declaration of Covenants, Conditions, and Restrictions by any Supplemental Declaration pursuant to the provisions hereof for the annexation of additional parcels of real property. Section 4. "Common Area" shall mean and refer to any area of SANTEE COMMERCIAL COMPLEX which has been, or hereafter is, designated as Common Area on the final plat of the Complex, to any property owned by the Association, and to any Lot or parcel designated as Common Area in any Supplemental Declaration filed by Declarant or the Association subjecting additional real property to this Declaration. Subject to the provisions hereof, said areas are intended to be devoted to the common benefit, use, and enjoyment of the Owners and are not dedicated to the public. Section 5. "Common Facilities" shall mean and refer to those physical improvements constructed by Declarant or the Association upon the Common Area or upon the utility easements over each Lot, including the sidewalks, curbs and gutters, street lights, the water system, and/or the irrigation water system placed thereon. Section 6. "Lot" shall mean and refer to all lots within and shown upon the official recorded plat of the SANTEE COMMERCIAL COMPLEX, except for the Common Areas, and except for streets dedicated to the public, as shown upon the recorded plat. Section 7. "Declarant" shall mean and refer to SWCR, INC., an Idaho corporation, its successors and assigns, provided that, such successors or assigns have acquired more than two (2) DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 2. ~ .~'1 Lots and that such Lots constitute the entire remainder of unconveyed Lots owned by Declarant. Section 8. "Project" shall mean and refer to the Property and all contemplated improvements thereto. the singular shall include the plural the plural the sing lars and the use of any gender shall include all genders. Section 9. "Annexed Property" shall mean and refer to any real property which may hereafter be made subject to this Declaration by Supplemental Declaration pursuant to the provisions hereof for the annexation of additional parcels of real property. Section 10 Whe ARTICLE II SANTEE COMMERCIAL COMPLEX BUSINESS OWNERS ASSOCIATION Section 1. It is contemplated that simultaneously with the execution and recordation of this Declaration of Covenants, Conditions, and Restrictions (the "Declaration"), the Association will be incorporated and the Association will adopt Bylaws (the "Bylaws") for its governance. Section 2. To the extent the Articles of Incorporation or Bylaws of the Association may conflict with the provisions of this Declaration, the provisions of this Declaration shall control. ARTICLE III PROPERTY RIGHTS Section 1. Owners Easements of En'o ent. Every Owner shall have a right and easement of enjoyment in and to the Common Areas and Common Facilities, subject to such reasonable rules and regulations covering the use and access to such areas and facilities as may be adopted by the Association. Said rights and easements shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) The Association shall have the right to charge reasonable admission and/or other fees for the use of any Common Facility; DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 3. f (b) The Association shall have the right to suspend the voting rights and the right to use the Common Areas of any Owner for any period during which any assessment against the Owner's Lot remains unpaid and for a period not to exceed sixty (60) days for any infraction of the Association's published rules and regulations; and (c) The Association shall have the right to dedicate or transfer all or any part of the Common Areas or Common Facilities to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members of the Association. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of each class of members of the Association has been recorded. Section 2. Declaration of Use. Any Owner may delegate his or her right to the enjoyment of the Common Areas and Common Facilities to his or her tenants, or to the contract purchasers of his or her Lot, provided such designees occupy the Property and agree to be bound by the rules and regulations of the Association. Section 3. Parking Rights. All parking areas established within the Common Areas shall be governed by the provisions of Section 21, Article V, below. Section 4. Resbonsibility for Maintenance. The Association shall provide maintenance to the Common Areas and the improvements thereon. In the event the need for maintenance or repair is caused through the willful or negligent act of an owner, or his or her guests, or invitees, the costs of such maintenance or repairs shall be added to and become part of the assessment to which such Owner's Lot is subject. Each Owner shall be responsible for maintaining and keeping in good order and repair the exterior of his or her Unit. In the event of damage to, or the destruction of, a Unit by fire or other casualty, the Owner must complete repair and/or replacement of the Unit within ninety (90) days of said damage or destruction. Section 5. Common Area Setback Rectuirement. It is hereby declared that portions of the Common Areas of the project shall be subject to setback restrictions. Said restrictions shall be as follows; (a) Area Subject to Restriction. .These restrictions shall apply to any portion of the Common Area located within ten feet (10') of any Lot located within the project. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 4. ,~ ~ ~ (b) Setback Easement. The Association and any owner of the portions of the Common Area subject to this restriction shall be subject to a negative easement which shall prohibit the construction of any structure within the area of this restriction. Landscaping, fencing, sidewalks, and parking areas may be placed within the setback area. (c) Easement Holder. Each Lot owner and the Association shall be regarded as the holders of this easement for enforcement purposes. ARTICLE IV RIGHTS RESERVED BY DECLARANT Section 1. Notwithstanding anything to the contrary contained in this Declaration, the Declarant expressly reserves unto: (a) Itself, its employees, successors and assigns, its agents, representatives, contractors and their employees, all necessary or convenient easements and rights-of-way on, over, and across all or any part of the streets of the Complex for vehicular and pedestrian ingress and egress to and from any part of the Property, or to and from any adjacent real property owned by Declarant, or its successors or assigns; (b) Itself, its successors and assigns (including any district, company or other entity providing water, sewer, gas, oil, electricity, telephone, cable television, or other similar services), all necessary or convenient easements on, over, under, and across all or part of the Common Areas, together with the utility easements as provided on the recorded subdivision plat of the SANTEE COMMERCIAL COMPLEX and any subsequent subdivision plat of Annexed Property, for the installation, use, maintenance, and repair of all lines, wires, pipes, and all other things necessary for all such services, provided that any such lines, wires, or pipes shall be underground and further provided that all work done in connection therewith shall be performed with reasonable care and that the surface of said easement areas shall, within thirty (30) days following the completion. of such work, be DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 5, n /"1 restored to the level and condition that existed prior to the doing of such work; and (c) Itself, its employees, successors, assigns, agents, representatives, contractors, and their employees the right to use the Common Areas, where applicable, to facilitate and complete the development of the Property and any Annexed Property, including without limitation the use of the Common Areas, where applicable for: (1) Construction, excavation, grading, landscaping, parking, and/or storage; (2) The maintenance and operation of a sales office and model units for sales purposes; (3) The showing to potential purchasers of any unsold Lot, unit, or improvements within the Project; and/or (4) The display of signs to aid in the sale of any unsold Lots and units or all or part of the Project. ARTICLE V USE AND BUILDING RESTRICTIONS Section 1. Building Restrictions. Each Lot shall be restricted to one commercial office/warehouse operation. No other structure shall be erected upon any Lot. Section 2. Noxious Uses Prohibited. Each lot shall be used only in such manner as will be inoffensive to any other property Owners in the Project. Section 3. High Pile Storage Prohibitted. Storage of combustible materials in any unit over eight feet (8') in height as measured from the concrete floor shall be prohibitted at all times. Section 4. Building Site. A building site shall consist of at least one (1) Lot or a parcel composed of more than one Lot. Section 5. Movina of Buildings; Construction of outbuildinas. No buildings or structures shall be moved onto the Property. No travel trailer or similar mobile unit designed for overnight accommodation shall be parked in any street or within any DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 6. Lot's building setback lines. No trailer, tent, shack, garage, barn, or other out-building erected on a Lot shall at any time be used as a residence, temporarily or permanently. Notwithstanding the foregoing restrictions, a portable construction office may be placed upon any Lot during the period during which construction of a unit thereon is in progress, provided that such office may not remain or be kept upon such Lot for more than six (6) months. In addition, a temporary sales office of a portable nature may be placed upon a Lot by Declarant to facilitate Lot sales. Section 6. Prosecution of Construction Work. The construction of all units and associated structures shall be prosecuted diligently and continuously from the time of the commencement thereof until such unit or associated structure is fully completed and painted. All structures shall be completed as to external appearance, including finished painting, within six (6) months from the date of the commencement of construction, unless prevented by causes beyond the control of the Owner or builder and then only for such extended time as that cause continues. Section 7. Oil and Mining Operation. No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted upon or in a Lot nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. Section 8. Excavation. No excavation for stone, sand, gravel, earth, or minerals shall be made upon a Lot unless such excavation is necessary in connection with the construction of an approved structure thereon or in connection with the making of other improvements thereon which improvements have been approved by the Architectural Control Committee. Section 9. Unsightly Structures or Practices. No unsightliness shall be permitted on any Lot. Without limiting the generality of the foregoing, all unsightly facilities, equipment, or structures shall be enclosed within approved structures-or appropriately screened from view. All refuse, garbage, and trash shall be kept at all times in covered containers which containers shall be kept and maintained within an enclosed structure or in an area appropriately screened from view except when necessarily placed for pickup by garbage removal services. Storage piles shall be appropriately screened from view. No lumber, grass, shrubs or tree clippings or scrap, refuse, or trash shall be kept, stored, or allowed to accumulate on any Lot. Section 10. Vehicle and Ectuipment Parkinq. No trucks, automobiles, campers, recreational vehicles, trailers, boats, DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 7. ~ ~"'~ motorcycles, snowmobiles, snow removal equipment, golf carts, or similar equipment or vehicles, shall be kept or stored upon a Lot except within the interior of the Owner's Unit. Such vehicles or equipment shall not be parked on any street, nor shall they be parked or stored in the Common Area for more than twenty-four (24) consecutive hours. Section 11. Material Storacte. No building material of any kind shall be placed or stored upon a building site until the Lot Owner or his builder is ready and able to commence construction and then such material shall be placed within the property setback lines of the building site upon which the structure is to be erected. The Architectural Control Committee and/or the Association (through its agents) shall have the right to enter upon any vacant building site for the purpose of burning or removing weeds, brush, growth, or refuse. Section 12. Hazardous Materials. At no time shall any Owner permit the storage within any unit of hazardous materials exceeding the amounts specified on Table 3-D of the Uniform Building Code from time to time applicable to the Project. Section 13. Noxious Use of Property. Noxious or undesirable acts or the undesirable use of any portion of the Property including (but not limited to) acts or uses causing loud noise which interferes with the peaceable enjoyment of neighboring units or properties is prohibited and shall not be permitted or maintained. Section 14. Billboards; Signs. No sign of any kind shall be displayed to the public view on any Lot except for signs which have previously been approved by the Architectural Control Committee and which comply with all applicable city, county, state, federal and/or other sign regulations. The Association may maintain one (1) or more complex identification signs and appropriate informational signs upon the Common Areas, such signs to be of a size and design approved by the Architectural Control Committee. The Association may also place parking signage pursuant to Article V, Section 21, below. Notwithstanding the provisions of this Section 14, Declarant shall be entitled to place such signs, of such size, as Declarant may deem appropriate, to identify the Project, to relate information with regard thereto, and to advertise Lots for sale. Section 15. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot. Section 16. Exterior Antennas. No outside television antennas, radio aerials, or similar devices or structures shall be installed on any Lot or on the exterior of any structure located DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 8. thereon. Satellite dishes shall be permitted only if approved by the Architectural Control Committee and if located behind the front plane of the structure (toward the rear of the Lot) outside of any building site setbacks, and if appropriately screened from view from any direction. Section 17. Control of Exterior Walls, Roofs, Etc. The visual harmony and aesthetic appeal of the Project being of mutual concern to all Owners and having a direct bearing on the value of Lots and the improvements thereon, the Architectural Control Committee shall have the right to control the texture, design and color scheme of the outside walls and roofs of all structures erected upon any Lot. The Owner shall not repaint the outside walls without first obtaining approval of the Architectural Control Committee as to color. Section 18. Fire Protection Systems. Each Owner shall be responsible to maintain the approved dry fire suppression (sprinkler) system covering the Owner's entire Unit. Service, and testing shall be included in Association responsibilities. The dry system shall have a compressor, alarm system, and pressurized components in each building to be controlled by the Association. Section 19. Exterior LiclhtinQ. No exterior lighting shall be installed or maintained on any Lot (or structure thereon) which interferes with the use and enjoyment of adjacent Lots or without the prior approval by the Architectural Control Committee of the proposed installation. Section 20. Sanitary Facilities. Prior to the occupancy of any structure thereon, each Lot shall be connected to public sewer services. Section 21. Parkincr Cross-Easements. Each Owner shall hold a non-exclusive cross-easement for parking purposes covering any and all undesignated parking areas which may exist within the Common Areas from time to time. Notwithstanding the foregoing, except for Unit 733,the Association shall assign each Unit two (2) parking spaces adjacent to that Unit and shall provide appropriate signage designating for which Unit such spaces are reserved. Unit 733 shall have three (3) assigned parking spaces. In addition, each owner shall have the exclusive control of parking directly in front of that owner's warehouse entry door. Section 22. Easement for Maintenance. The Association shall have a permanent easement to go upon the privately owned property of Owners in this complex to perform maintenance upon said property or upon any Common Areas, including, but not limited to, snow removal, lawn maintenance, utility service and drainage system maintenance, subterranean irrigation water system maintenance and DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 9. perimeter fence maintenance, fire sprinkler maintenance of dry system, together with all rights of ingress and egress necessary for the full and complete use, occupation, and enjoyment of the easements hereby reserved and all rights and privileges incident thereto, including the right from time to time to cut, trim, and remove tress, brush, overhanging branches and other obstructions which may injure or interfere with the use, occupation or enjoyment of the reserved easement and the operation, maintenance, and repair of utility service connections and drainage systems whether or not such conditions violate any of the foregoing sections. Section 23. Americans with_Disabilities Act Compliance. It shall be the obligation of each Owner to ensure that the Owner's unit shall comply with the provisions of the Americans With Disabilities Act (or any similar Act) from time to time applicable to the unit. It shall not be the responsibility of the Declarant to ensure such compliance. It shall be the responsibility of the Association to ensure that all Common Areas comply with the Act. ARTICLE VI ASSOCIATION MEMBERSHIP AND VOTING RIGHTS Section 1. Membership. Every Owner of a Lot shall be a member of the Association. Membership shall be appurtenant to and may not be separated from Ownership of any Lot. Section 2. Classes of Membershib. The Association shall have two (2) classes of voting membership: Class A: The Class A members shall be all Owners, with the exception of the Declarant, during the period when the Declarant is a Class B member. After the Class B membership converts to Class A memberships, each Class A member shall be entitled to one (1) vote for each Lot owned. When more than one (1) person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised by the vote of the majority in interests of those holding interests in such jointly owned Lot, but in no event shall more than one (1) vote be cast with respect to any Lot. Class B: The sole Class B member shall be the Declarant or the Declarant's successor or assign. The Class B membership shall cease and be automatically converted to an appropriate number of Class A memberships (one Class A membership for each Lot owned) when the Declarant owns ten percent (10%) or less of all of the Lots which are DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 10. part of the Property. Until that time, all Association matters shall be governed by the vote of the Class B member. Section 3. Voting Restrictions. Until Declarant owns ten percent (10$) or less of all of the Lots which are part of the Property, only the Class B member shall be entitled to vote on Association matters. After Declarant no longer owns ten percent (10$) of such Lots, all Class A members (including Class A memberships resulting from the conversion of the Class B membership) shall be entitled to vote on Association matters. ARTICLE VII COVENANT FOR ASSESSMENTS Section 1. Creation of Lien and Personal Obli ation of Assessments. The Declarant, for each Lot owned within the Property, and each Owner of any Lot by acceptance hereafter of a deed therefor, hereby covenants, and agrees to pay to the Association: (a) Annual assessments or charges (in such monthly or other installments as may be decided by the Directors of the Association); (b) Special assessments for capital improvements; and (c) Such assessments shall be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs of collection, and reasonable attorneys' fees incurred in collection shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the assessment fell due. Although the personal obligation for delinquent assessments shall not pass to an Owner's successors in title, all unpaid assessments shall constitute a continuing lien against the Lot until paid regardless of when the lien was created unless the new Owner obtained a certificate pursuant to Section 7 of this Article VII prior to taking title to said Lot. Section 2. Purt~ose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, welfare, and economic well-being of the DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 11. ~ "~ residents of the Project and for the improvement, operation, and maintenance of the Common Areas and Common Facilities. Section 3. Maximum Annual Assessment. of January of the year immediately following the yeartin whichlthe conveyance of the first Lot to an Owner occurs, the maximum annual assessment shall be $720.00 per Lot. The annual assessments shall be made payable on a monthly basis unless the Board of Directors of the Association elects to cause such assessments to payable on some other basis. Increases in the amount of the annual assessment shall be limited as follows: (a) Each year, beginning with the calendar year beginning on the first day of January of the year immediately following the year in which the conveyance of the first Lot to an Owner occurs, the maximum annual assessment may be increased by action of the Board of Directors of the Association without a vote of the membership, by an amount of not more than the greater of fifteen percent (15$) or an amount equal to the percentage of any increase in the Consumers Price Index for All Urban Areas during the prior year; (b) For the calendar year beginning January 1 immediately following the year in which the conveyance of the first Lot to an Owner occurs, or any subsequent year, the maximum annual assessment may be increased more than the above-described amount only by an affirmative vote of two-thirds (2/3) of the votes of that class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy in any calendar year a special assessment applicable to that year only, for the whole or in part, the cost of any cons tru ction,o reconstru ~ ionn repair, or replacement of a capital improvement upon the Common Areas, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two- thirds (2/3) of the votes of the class of members who are voting in person or by proxy at a meeting duly called for such purpose. Section 5. Notice and Quorum for Authorized Action Written notice of any meeting called for the purpose of taking any action authorized under Sections 3(b) or 4 of this Article VII shall be sent to all members not less than ten (10) days, nor more than fifty (50) days, in advance of the meeting. At such meeting DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 12. the presence of members in person or by written proxy entitled to cast fifty-one percent (51~) of all the votes of the voting class of membership shall constitute a quorum. If the required quorum is not present, the meeting shall be adjourned and rescheduled for a time and place not less than five (5) days nor more than thirty (30) days subsequent. Written notice of the rescheduled meeting shall be mailed to all members not less than five (5) days in advance of the rescheduled meeting date. The required quorum at the subsequent meeting shall be satisfied by the presence in person or by written proxy of twenty-five percent (25~) of the voting class of membership. Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots; provided, however, that assessments for Lots which have not been improved with a unit shall be assessed at one-half (1/2) of the assessment for Lots which have been improved with a unit when such structure is either occupied or substantially completed. Section 7. Date of Commencement of Annual Assessments• Due Dates. The annual assessments provided for herein shall commence as to each Lot on the first day of the month following the initial conveyance of that Lot by Declarant to a purchaser. The first annual assessment shall be adjusted (pro rata) according to the number of complete months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment at least thirty (30) days in advance of each annual assessment period; provided, however, that in the event of an assessment proposed in excess of the authority of the Board of Directors, the amount of such assessment in excess of the Board's authority shall not be effective until membership appro~-al. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Director. The Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Section 8. Effect of Non a ent of Assessments• Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of eighteen percent (18$) per annum or at such other interest rate as may be established annually by the Board of Directors. Each assessment, when levied, shall automatically constitute a lien on and against the Lot to which the assessment pertains without any requirement of filing any documentation of such lien. Nonetheless, the Association may file an Affidavit of Lien evidencing such lien thirty (30) days after the due date of DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 13. .^ '`"~ the assessment. The priority of such lien shall relate back to the date the assessment was first due. The recordation of this Declaration shall constitute constructive notice of such priority date. The Association may bring an action at law against the Owner personally obligated to pay the same, or it may foreclose the assessment lien against the Property in the same manner as provided by law as to statutory mechanics and materialmen's liens. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Areas or by the abandonment of his or her Lot. Section 9. Subordination of the Lien to Deed of Trusts or Mortcxages. The lien of the assessments provided for herein shall be subordinate to the lien of an mortgage against the Lot. The sale or transfer of any Lotushall not affect the assessment lien. ARTICLE VIII ARCHITECTURAL CONTROL Section 1. Architectural Control Committee. In order to protect the quality and value of all units built in the Project and for the continued protection of the Owners thereof, an Architectural Control Committee, consisting of two (2) or more members to be appointed by the Declarant is hereby established. At such time as the number of Lots owned by Declarant (including Lots in any Annexed Property) totals ten percent (10~) or less of the total number of platted Lots, then the membership of the Architectural Control Committee shall be appointed by the Board of Directors of the Association, to succeed the prior committee membership upon such appointment. Section 2. Approval by Committee. No building, fence, wall, window awning, or other structure shall be commenced, erected, or maintained upon any Lot, the Common Areas, or other properties within the Project, nor shall any exterior addition to, or change or alteration therein be made, until the plans and specifications showing the nature, kind, shape, height, materials, location of the same, and such other details as the Architectural Control Committee may require (including but not limited to any electrical, heating, cooling, sewage, or waste disposal systems) shall have been submitted to and approved in writing by the Architectural Control Committee. In the event said Committee fails to approve or disapprove in writing such plans, specifications, and location within thirty (30) days after said plans and specifications have been submitted to it in such form as may be DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 14. i ~ i-,• required by the Committee, approval will not be re Article will be deemed to have been fully satisfieaired, and this Section 3. Rules and Regulations. The Architectural Control Committee is hereby empowered to adopt rules to govern its procedures, including such rules as the Committee may deem appropriate and in keeping with the spirit of due with regard to the right of concerned parties to berheard on any matter before the Committee. The Architectural Control Committee is further empowered to adopt such regulations with regard to matters subject to the Coaunittee~s approval, including matters of design, materials, and aesthetic interest, as it shall deem appropriate and consistent with this Declaration. Such rules, after adoption, shall be of the same force and effect as if set forth in full herein. Section 4. Fees. The Architectural Control Committee may establish, by its adopted rules, a fee schedule for an Architectural review fee to be paid by each Owner submitting plans and specifications to the Committee for approval. No submission for approval shall be considered complete until such fee has been paid. Such fee shall not exceed such reasonable amount as may be required to reimburse the Committee for the costs of professional review of submittals, and in any event shall not exceed the sum of $200.00 per submittal. Section 5. Certification by Secretary. The records of the Secretary of the Association shall be conclusive evidence as to all matters shown by such records and the issuance of a certificate of approval, completion, or compliance by the Secretary of the Association showing that the plans and specifications for the improvement or other matters therein provided for have been approved and/or that said improvements have been made in accordance therewith shall be conclusive evidence that shall fully justify and protect any title company certifying, guaranteeing, or insuring title to said property, or any portion thereof or-any lien thereon and/or any interest therein as to any matters referred to in said certificate, and shall fully protect any purchaser or encumbrancer from any related action or suit under this Declaration. ARTICLE IX ENFORCEMENT Section 1. Persons Entitled to Enforce. The provisions of this Declaration may be enforced by any of the following persons or entities in accordance with the procedures outlined herein: DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 15. ~ ~ (a) The Association; (b) The Declarant; (c) The Owner or Owners of any Lot adversely affected, but only after demand made upon the Association and its failure to act, except that no such owner shall have the right to enforce independently of the Association any unpaid assessment or lien herein. Section 2. Methods of Enforcement-, provisions of Section 3 of this Article, the following methodstof enforcement may be utilized: (a) Legal or equitable action for damages, injunction, abatement, specific performance, rescission, or cancellation of any contractsoofran executory nature; and/or (b) Monetary penalties and temporary suspension from Association membership rights and privileges, in accordance with the Bylaws of the Association, provided that, except for late charges, interest, and other penalties for failure to pay as due the assessments levied by the Association as provided in this Declaration, no discipline or sanction shall be effective against a member unless: (i) The member is given fifteen (15) days written notice of the proposed disciplinary action and a timely opportunity to be heard on the matter. The opportunity to be heard may, at the election of such member, be oral or in writing. The notice shall be given personally to such member or sent by first-class or registered mail to the last address of such member as shown on the records of the Association, and shall state the place, date, and time of the hearing, which shall not be less than fifteen (15) days before the effective date of the proposed penalty, termination, or suspension; (ii) The hearing shall be conducted by a committee composed of not less than three (3) persons, appointed by the President of the Association, which shall conduct the hearing in good faith and in a fair and reasonable manner and shall not reach a decision regarding discipline until the conclusion of the meeting; and DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 16. .-. (iii) Any member challenging the disciplinary measures taken by the Board, including any claim alleging defective notice, must commence Court action within one (1) year after the date of the contested disciplinary measure taken by the Board. Section 3. Limitation on Enforcement. enforcement and discipline authorized by this Decl aration care limited as follows: (a) The Association may not cause a forfeiture or abridgement of an Owner's right to the full use and enjoyment of his or her Lot on account of the failure of the Owner to comply with the provisions of this Declaration except by judgment of a Court or a decision arising out of arbitration or on account of a foreclosure for failure of the owner to pay annual or special assessments duly levied by the Association; and (b) A monetary penalty imposed by the Association as a disciplinary measure for failure of a member to comply with the provisions of this Declaration or as a means of reimbursing the Association for costs incurred by the Association in the repair of damage to the Common Areas for which the member was allegedly responsible, or in bringing the member and his or her Lot into compliance with this Declaration, may be treated as an assessment which may become a lien against the members' Lot, enforceable by a sale of the interest. This provision applies to charges imposed against an Owner consisting of reasonable late payment penalties for delinquent assessments and for charges to reimburse the Association for the loss of interest and for costs reasonably incurred (including attorneys' fees) in its efforts to collect delinquent assessments. Section 4. Fees and Costs. The Association, or any person entitled to enforce any of the terms hereof by any of the means contained herein, who obtains a decree from any Court or arbitrator enforcing any of the provisions hereof, shall be entitled to reasonable attorneys' fees and all costs incurred or anticipated to be incurred in remedying or abating the offensive condition as a part of his, her, or its judgment or decree against the party in violation hereof. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 17, Section 5. Non-Liability for Enforcement or for Nnr, Enforcement. Neither the Architectural Control Committee nor the Association shall be liable to any person under any of these covenants for failure to enforce any of them, for personal injury, loss of life, damage to property, economic detriment, or for any other loss caused either by their enforcement or non-enforcement. Failure to enforce any of the covenants contained herein shall in no event be deemed a waiver of the right to do so thereafter. ARTICLE X PARTY WALLS Section 1. Planned Party Walls. It is anticipated that the Declarant or its successors or assigns shall construct multiple commercial units located upon the property. It is the Declarant's intention to create, in favor of each purchaser of such a unit, an easement covering party walls being placed on the Lot lines separating the Lots upon which the separate units are to be constructed. Section 2. Party Walls Declared. The dividing walls between the units are hereby declared to be party walls between the adjoining units erected on said premises. Section 3. Maintenance. The cost of maintaining each party wall shall be born equally by the owners on either side of said party wall. Section 4. Repair. In the event of damage to or destruction of, said party wall from any cause, other than the negligence of either party thereto, the then Owners shall, at joint expense, repair or rebuild said wall, and each party, his or her successors and assigns, shall have the right to the full use of said wall so repaired or rebuilt. If either party's negligence shall cause damage to or destruction of said wall, such negligent party shall bear the entire cost of repair or reconstruction. If either party shall neglect or refuse to pay his or her share, or all of such cost in case of negligence, the other party may have such wall repaired or restored and shall be entitled to have a mechanic's lien on the premises of the party so failing to pay, for the amount of such defaulting party's share of the repair or replacement costs. Section 5. Party Wall Access Restricted. No lot owner shall break through the party wall for any reason. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 18. Section 6. Alteration Prohibitted. Neither party shall alter or change said party walls in any manner, interior decoration excepted, and said party wall shall always remain in the same location as when erected, and each party to said common or division wall shall have a perpetual easement in that part of the premises of the other on which said party wall is located for party wall purposes. ARTICLE XI CONDEMNATION OF COMMON AREAS Section 1. Consequences of Condemnation. If at any time or times, all or any part of the Common Areas shall be taken or condemned by any public authority or sold or otherwise disposed of in lieu of or in avoidance thereof, the following provisions shall apply. Section 2. Proceeds. All compensation, damages, or other proceeds therefrom, the sum of which is hereinafter called the "Condemnation Award," shall be payable to the Association. Section 3. Apportionment. The Condemnation Award shall be apportioned among the Owners equally on a per-lot basis. The Association shall, as soon as practicable, determine the share of the Condemnation Award to which each Owner is entitled. Such shares shall be accounted for in separate shares, one share for each Lot. Each such share shall remain in the name of the Association, and shall be further identified by Lot number and the name of the Owner thereof. From each separate share, the Association, as attorney-in-fact, shall use and disburse the total amount of such share, without contribution from one share to any other, first to Mortgagees and other lienors (including the Association) in the order of priority of their Mortgages and other liens, and the balance remaining to each respective Owner. The Association may hold said shares either in separate accounts or in a single account as the Board of Directors may determine. ARTICLE XII GENERAL PROVISIONS Section 1. Severability. The invalidation of any one of these covenants or restrictions by judgment or court order shall not affect any other provisions hereof, which shall remain in full force and effect to the maximum extent possible. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 19. Section 2. Term; Extension. The covenants restrictions of this Declaration shall run with and bind the land for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years unless a document terminating the covenants and restrictions of this Declaration, signed b seventy-five percent (75$) of all Owners, duly acknowledged as to each executing Owner, is recorded in the official records of Ada County, Idaho. Section 3. Amendment. This Declaration may be amended during the first twenty (20 and acknowled ed b ) Year period by an instrument signed g y the owners of not less than ninety percent (90$) of the Lots subject to this Declaration and thereafter by an instrument signed and acknowledged by the Owners of not less than seventy-five percent (75$) of the Lots subject to this Declaration. Section 4. Conveyance of Common Areas. The Common Areas shall be conveyed by Declarant to the Association on or before the tenth (10th) day after conveyance of the first Lot in the Project. Until the Common Areas have been conveyed to the Association, Declarant shall be solely responsible for the maintenance and management thereof and for all costs and expenses arising therefrom. IN WITNESS WHEREOF, the undersigned, being the President of the Declarant herein, has hereunto set its hand and seal this day of , 2000. SWCR, INC., Declarant By TAMI L. TAYLOR, President DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 20. STATE OF IDAHO ) ss. County of Ada ) On this day of notary public in and for said state, personallbefare me a TAMI L.TAYLOR known or identified to me to be the President rof SWCR, Inc., the corporation that executed the within instrument, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at , Idaho My commission expires: RFaI.SZ14516A"O1.P03 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 21. CENTRAL •• DISTRICT ~'RHEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 375-521 I • FAX 327-8560 Tip prevent and treat disease and diraGility; to promote kealthy lifestyles; and to protect artd promote the kealtlr and quality ~l~onr environment. 00-0363 May 15, 2000 David Navarro Ada County Recorder 650 Main Street Boise, ID 83702 RE: Santee Subdivision (formerly Santee Comercial Subdivision) Dear Mr. Navarro: gEC~~"~D MAY 1 8 Z0~0 CITY 4F MERID1Al~i 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 21, 1999. No lot size may be reduced without prior approval of the Health Department authority. If you have any questions, please call. Sincerely, Syr-//~~e,r Michael H. Reno Senior Environmental Health Specialist cc: Department of Housing and Urban Development City of Meridian Santee Comercial Complex Pinnacle Engineers, Inc. MR:js 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 Palley, 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 f. 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: 634-21 74 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keidt Bird Tammy deWeerd Cherie McCandless February 14, 2000 ^~ 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 Pinnacle Engineers, Inc. Bob Unger 870 N. Linder Road, Suite B Meridian, ID 83642 Dear Mr. Unger: LEGAL DEPARTMENT ~zo8> ?as-?a~~~~ • Fax ~~~-zsoi PUBLIC WORKS BUILDING DEPARTMENT rzo8~ 88~-ZZl I • Fax 88~-i~» PLANNING AND ZONING DEPARTMENT (~08) 884533 • Fax 888-6854 Please find enclosed a copy of the Order of Conditional Approval of the final plat for Santee Commercial Complex. If you should have any questions, please feel free to call. Sincerely, ~'~~~~6,~~~ Shelby Ugarriza City Clerk's Office enc. Meridian City Council Meetin._ February 1, 2000 Page 48 Anderson: Mr. Mayor. Bird: Mr. Anderson, go ahead. Corrie: (inaudible) Mr. Anderson. Anderson: I would make a motion that we continue this public hearing on this fireworks ordinance until March 7th Bird: Second. Corrie: Okay. Motion's made and seconded that we continue the public hearing until March the 7th of this year. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT. Berg: Mr. Mayor. I would hope that we'd have some kind of a draft copy that we could distribute out to these people in plenty of time for them to make some other comments back to us. Not knowing exactly what the Council's direction is, but I think it's in the direction of keeping it safe plus accommodating some of their questions and legal ramifications. Thank you. Corrie: Okay. Anderson: Mr. Mayor, I would request they (inaudible) adjournment until 10:30. Bird: I second that. Corrie: Okay. Motion is made and seconded. All in favor say aye. MOTION CARRIED: THREE AYES, ONE ABSENT (Meeting in reconvened at 10:30 p.m.) Item 8. FP 00-001 Request for final plat of 24 lots for Santee Commercial Complex by Santee Construction -Lot 3, Block 2, Railside Park Subdivision: Corrie: Meeting back in session at 10:30. Item No. 8 is the request for final plat of 24 lots for Santee Commercial Complex by Santee Construction. Staff, comments? Stiles: This is for a so-called, kind of a townhouse concept in the Santee - called the Santee Commercial Subdivision. It's in the existing Railside .-. Meridian City Council Meetin February 1, 2000 Page 49 Subdivision off of Pine and Adkins. Ralston Street. It'd be just north of where the plumber's union is. We have prepared our comments, I believe they're dated January 25th and received by the City Clerk January 26th. We'd ask that this be approved with Staff conditions and the applicant's representative is here tonight to address any concerns he may have with these comments. Corrie: Any questions of Shari? Bird: I have none, Mayor. Corrie: Is the applicant here tonight? Bob? Unger: Good evening, Mr. Mayor, Council members. Bob Unger with Pinnacle Engineers representing the applicant. Our address is 870 North Linder Road, Suite B, Meridian, Idaho. We have no problems with the conditions of approval. Just a couple of quick clarifications. Number 19, staff has concerns about lack of a detail in the CC & R's regarding responsibilities for permanent landscaping. We'll amend those CC & R's to better identify the responsibilities for the permanent landscaping. We don't have any problem with that. Item No. 24 requires a pressurized irrigation system as per the Meridian City Code. Railside Subdivision does not have any irrigation water whatsoever. We have less than half of an acre of landscaping on the perimeter landscaping in front of the project. We've discussed it with Public Works. They are requiring us to put in an additional meter for the sprinkling of the landscaping, so we would ask that that condition be waived. Other than that, we have no problems with the conditions. Corrie: Okay. Any questions from Council? Bird: I have none. Corrie: Okay. Thank you, Bob. Unger: Can I make one other comment? Corrie: You sure may. Unger: This is recommendation, request, suggestion, on your agendas. This is about my Ott' or 5th final plat. I come in here and I sit here for three hours because the final plats are always at the tailend. Generally, final plats take two, three minutes and you're gone. So we would -I've talked to some of the other development people, it would be really great if you folks would consider putting final plats on the front-end of your agenda under your new business. That way we can all get out of here and my clients save money and everything. So if you could consider that, we'd appreciate it. Corrie: Okay. ~o Meridian City Council Meetin. February 1, 2000 Page 50 Bird: Thank you. Corrie: Okay. Council, pleasure? Bird: Mr. Mayor. I've got a question for Gary if it's okay. Gary; no problem with not having pressurized irrigation? Smith: Councilman Bird, Mayor and Council, as long as the subdivision doesn't have pressurized irrigation available to it right now, then we can -and with the landscaping area that Mr. Unger referred to, we can provide the water for that area and still be within the requirements of our water right (inaudible). Bird: I have none other. Corrie: Any others? Okay. I'll entertain a motion for the attorney to prepare the proper order and Mayor to sign. Nichols: Mr. Mayor. Mayor Corrie and Council members, if I could clarify something, then. Mr. Smith, it would be acceptable to have acondition -they have to have a pressurized irrigation system, it's just it would be connected to the City's portable water system until such time as an irrigation water system is available; is that what you mean by a separate meter? Just it would be hooked into the regular domestic water supply. Smith: Yes, that's correct. It would be a separate meter for sprinklers only. They wouldn't be billed sewer-use fee for the water that's put on the grass or the onscaping. Nichols: So it would still be a pressurized system (inaudible) domestic one? Smith: Yes, that's correct. Nichols: Thank you. Anderson: Mr. Mayor. I would make a motion that we approve this final plat for Santee Commercial Complex and instruct the City Attorney to prepare the appropriate order and decision with the exception of Item 24 in the conditions of staff requiring pressurized irrigation that the applicant be allowed to hook to the City water system for irrigation purposes. Bird: Second. Corrie: Motion's been made and seconded to approve the final plat with the conditions as stated in the motion; any further comments, discussion? Hearing none, all those in favor of the motion say aye. .,.-. Meridian City Council Meetin" ~"" February 1, 2000 Page 51 MOTION CARRIED: THREE AYES, ONE ABSENT Item 9. FP 00-002 Request for final plat of 21.68 acres for Celebration Estates by Mike and Bonnie Rice: Corrie: Item No. 9 is a request for a final plat for 21.68 acres for Celebration Estates by Mike and Bonnie Rice. Staff? Stiles: Mr. Mayor and Council, this is for property that's located within our impact area but outside of our urban services planning area. It's located between Ten Mile and Black Cat south of Victory about a half of a mile south of Victory? Half a mile north. Stiles: North of Victory. The only comment that we had that was any significance, and there's really nothing that the applicant can do about it. You can see that it has this private road that runs down Lamont south for quite a distance. It's almost 700 feet, 670-some feet, then it goes in an east-west direction and the Ada County Street Name Committee has required that the names be the same on both legs of this road. They're both called South Nova Lane. We questioned why that would be the same name, and it seems a little confusing, and not that our departments, Public Works or Planning and Zoning would have to worry about it, but the -we wondered about the fire and police services because we got another letter from the Ada County Street Name Committee today that said their policy is to require any road that changes direction for a distance of more than 150 feet would have to have another name. That's the only comment I have, and we are required comment and send those comments on to Ada County, and we'd ask that it be approved with that stipulation, I guess. Corrie: Any other staff comments? Okay. Developer, problems with that? Rice: Mike Rice, 1015 Larksbur, Meridian. I have no comment. Anderson: I have a question of Mike. Would they -would the Street Name Committee be opposed to just calling it Nova Lane, or is there another Nova Lane somewhere else? Rice: We went to Ada County to name this street and applied for several different things. This was their recommendation back to us. They gave us a reason for it. It didn't make any sense to me, but I guess it did to them. Corrie: Any other questions? Bird: I have none. WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JULiE KLEIN FISCHER PHILIP A. PETERSON 200 EAST CARLTON AVENUE, SUITE 31 NAMPA OFFICE WM. F. GIGRAY, III STEPHEN L. PRUSS POST OFFICE BOX 1150 104 NINTH AVENUE SOUTH BRENT JOHNSON ERIC S. ROSSMAN MERIDIAN, IDAHO 83680-1150 POST OFFICE BOX 247 D. SAMUEL JOHNSON TODD A. RossMAx TEL (208) 288-2499 NAMPA, IDAHO 83653.0247 WILLIAM A. MORROW S DAVID M. SWARTLEY FAX (208) 288.2501 TEL (208) 466-9272 WILLIAM R NICHOLS TERRENCE R. WHITE'' FAX (208) 466.4405 CHRISTOPHER S. NYE Email via Internet @ wfg@wppmg.com 'ALSO ADMITTED IN OR "ALSO ADMITTEll IN WA PLEASE REPLY TO MERIDIAN OFFICE February 9, 2000 F E ~ - 9 2000 William G. Berg, Jr. ~- ~~ MERIDIAN CITY CLERK 33 East Idaho Meridian, Idaho 83642 Re: SANTEE COMMERCIAL SUBDIVISION / SANTEE CONSTRUCTION FINAL PLAT (FP-00-001) 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, Public Worlcs and attorney's office. If you have any questions, please give me a call. Very truly yours, -- - __ l Wm. F. Nichols msg/Z:\Woric\M\Meridian 15360M\Santee Construction FP\BergFPOrdApproltr BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF SANTEE CONSTRUCTION FOR APPROVAL OF FINAL PLAT FOR SANTEE COMMERCIAL COMPLEX LOCATED ON LOT 3, BLOCK 2, RAILSIDE PARK SUBDIVISION, MERIDIAN, IDAHO CASE NO. FP-00-001 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 the 1st day of February, 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 Frecldeton, Assistant to City Engineer, listing 10 General Comments and 24 Site Specific Comments, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, and Gary Smith, City Engineer, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "SANTEE COMMERCIAL SUBDIVISION" as evidenced in Plat bearing the drawing no. 996143PT, Sheet 1 of 2, Pinnacle ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SANTEE COMMERCIAL COMPLEX (FP-00-001) - 1 Engineers, Inc., Consulting Engineers, Santee Construction, 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 Frecldeton, ~-lssistant to the Citv Engineer, and Shari Stiles, Planning and Zoning Administrator, dated January 25, 2000, listing 6 General Comments and 12 Site Specific Comments, a true and correct copy of which is attached hereto marked Exhibit "A" and by this reference incorporated herein, with the additional requirements as follows, to-wit: 1.1 That Council approved, at their February 1, 2000, meeting, the Staffs comments of January 25, 2000, with the exception that under Site Specific Comments, number 24, that the applicant will be allowed to hook to the City water system for irrigation purposes. 1.2 The Water Department's comment pertained to Lots 2 and 3 of Block 2 in which they share an 8" service with a 6" valve going to each lot and if this will supply enough water for the development. 1.3 Sanitary Service requires that all solid waste enclosures will need to be at least 10 feet wide to allow access to the containers. 1.4 The Central District Health Department gave approval for the final plat on December 21, 1999, but requires that no lot size may reduced without prior approval of the Health Department authority. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SAi~1TEE COMMERCIAL COMPLEX (FP-00-001) - 2 ~''1 1.5 Nampa & Meridian Irrigation District noted that the final plat was acceptable if constn.icted according to the plans. 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: a. The Plat dimensions are approved by the City Engineer; and b. 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 ~ S~ day of ~~~~u-~- , 2000. By: RT D. CORRIE r, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public Worlcs Department. `\`\``, „„~~~~~~~~,~, \~~.~~ y O~ Nf~v/'%,~f, ~, By: ,~~~ ~ Dated: 2 ( D .~' o City Cleric _ = P~~~"~L ~~ o~' ms,\Z:\Work\Nl\Meridian l ~360M\Santee Construction FP\FPOrder l '~~ (~ ' ~ P ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SANTEE COMMERCIAL COMPLEX (FP-00-001) - 3 nt;~ yr f nc.-~~vn~:. v.ti~~.~.~ / ~l;ryur ~~ RoBER'r D C~RRIr ^ A Good Place ro Live ~-. %ITY OF MERIDir-~,N c,t~ ~~~~,~,~~~ ~i~r„~«~ CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEI~ 1[ERID[AN, IDAHO S36~t2 RON ANDERSON i?081 88S-.i-3;3 • Fax (?OSl 8S7-=1(3(: City Clerk Fax ("'OSl ASS--t"_' 18 KEITH BIRD MEMORANDUM: To: Mayor and City Council From: Bruce Freckleton, Assistant to City Engine Shari Stiles, P&Z Administrator ~~ LEGAL DEP\RTMENT ~ ~n~i ass-~a~x> • Fax ~~s-,5r11 PUBLIC WORDS BUILDING DEPARTMENT ~~(1~1 ;tSr-=~l I • Fax 3S~-I"?97 PLANN[NG AND ZONING DEP:~RTMENT ,'(1H) ~tS~-»~3 • Faz 1337-f^_9? January 2~. 2000 ~EC~~~11 JA~f 2 c ?000 Git~ Oi 312ridiar ~'iz~- f~lery Offic= Re: REQUEST FOR FINAL PLAT FOR "SANTEE COMMERCIAL SUBDIVISION" by Wes Worcester dba Santee Construction 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: 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12~-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. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Off-street parking 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. 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. ~. All si~nage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 8. Provide five-foot-wide sidewallcs in accordance with City Ordinance Section 11-9-606.B. FP-00-001 Santee.FP.doc .i'• Manor & Council January 2~, 2000 Pa,e 9. All construction shall conform to the requirements of the Americans with Disabilities Act. l0. Please be prepazed to respond to the each of the comments contained in this memorandum at the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. SITE SPECIFIC COMMENTS Graphically depict the FEMA flood plain boundaries affecting this subdivision, and make reference to the panel number. Applicant shall be required to make application with the Meridian Building Department for development within a flood plain. 2. Please add or revise the following plat notes: (~.) All lots within this subdivision are subject to the terms of a conditional use permit as approved by the Meridian City Council on October ~, 1999. (7.) ...located on the east west side of this... (8.) Add "landscaping and parking" to the purpose of Lot 24, Block i, and change from "homeowner's association" to a more applicable name, such as "business owner's association." (11.} The owner of each lot across which passes an irrigation/drainage pipe or ditch, is responsible for the maintenance therof unless such responsibility is assumed by an in'igatiorr/drainage district. (12.) The bottom elevation of building footings shall be set a minimum of 12 inches above the highest established normal ground water elevation 3. Coordinate locations and construction requirements of trash enclosures with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for building permits. 4. Provide letter of approval from Ada County Highway District with submittal of site plan prior to issuance of Certificate of Zoning Compliance. ~. All outdoor storage of equipment and material needs to be enclosed with a screening fence. 6. Provide handicapped accessible parking spaces and associated signage in accordance with the Americans with Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. 7. Change the plat date from 1999 to "2000" FP-00-001 San[ee.FP.doc .-. ~ Mayor & Council January ?~. ?000 Pa<^e 3 Signage is limited to one low-profile monument sign per the approved conditional use permit. All signage requires separate permits, subject to design review. Landscaping and fencing shall be in accordance with the plan submitted and approved as part of the conditional use permit. A letter of credit or cash will be required for the improvements prior to signature on the final plat. 10. Permanent perimeter fencing is to be installed prior to applying for building permits. Coordinate details with City staff. A letter of credit or cash for these improvements will be required prior to signature on the final plat. 11. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 12. Sanitary sewer service to this site will be via an extension from the existing mainline installed as part of the RaiIside Park development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 13. Water service to this site will be via an extension from the existing mainline installed as part of the Railside Park development. Subdivision designer to coordinate routing with the Public Works Department. 14. All street si~tns, road base, street lights, pressurized irrigation system, domestic water system (activated fire hydrants), and fencing are to be installed prior to obtaining building permits. 1 ~. Verify approvals from Ada County Highway District and Meridian City-Rural Fire District for configuration of on-site driveways and turnarounds. 16. Assessment fees for water and sewer service are determined during the building plan review process. 17. Minimum front setback in an I-L zone is 35', as was shown on the approved preliminary plat. Revise plat to conform with approved preliminary plat. 18. The name of Santee Commercial Complex may be misleading to future buyers, as many commercial uses are not permitted within an I-L zone. 19. The City Council needs to review and approve the CC&R's submitted with the. preliminary plat. Staff is concerned about the lack of detail in the CC&R's regarding responsibility for perimeter landscaping required as part of the CUP. These planting strips should be plainly delineated as the responsibility of the entire development, not individual lot owners, or the required planting areas should be excluded from the lots and included as common area within Lot 24, Block 1. FP-00-001 Santee.FP.doc Mayor & Council January 2~, ?000 Page 4 20. Please darken up the line work and text for the easements and adjacent lots description, as they are very hard to read. Add "Unplatted" along the west boundary. 21. The Professional Land Surveyor preparing this plat shall affix his seal s ~onature and date to the face of the plat, and the Certificate of Surveyor. 22. Show the distances of record for the "Basis of Bearing." 23. Please submit a copy of the plat second page for review by the Public Works Department, as the submittal packet staff received did not contain one. 24. A pressurized irrigation system is required in this subdivision per Meridian City Ordinance. FP-00-001 Santee.FP.doc ~ ~ January 26, 2000 MERIDIAN CITY COUNCIL MEETING:_FEBRUARY 1, 2000 APPLICANT: SANTEE CONSTRUCTION AGENDA ITEM NUMBER: 8 REQUEST: FINAL PLAT OF 24 LOTS FOR SANTEE COMMERCIAL COMPLEX AGENCY COMMENTS CITY CLERK: SEE ATTACHED INFORMATION, SUBDIVISION EVALUATION AND COMMENTS FROM SANITARY SERVICE 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: SEE ATTACHED STAFF COMMENTS REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS c~P~ OTHER: Materials presented at public meetings shall become property of the City of Meridian. Pub u~r~., Q~~--~~~o lei-r rnsg SUBDIVISION EVALUATION SHEET ~~ ~. ,1 A ~ 1 0 2000 Proposed Development Name Santee Commercial Subdivision File # FP-00-Od1 r° `~ --~ ~ Date Reviewed 1/6/00 Preliminary Stage Final XX EngineeNDeveloper Pinnacle En ineerin 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 are existing and the names shall appear on the plat "E. PINE AVENUE" and "N. RALSTIN STREET° 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 COMMITTE GE CY P ESENTATIVES OR DESIGNEES Ada County Engineer John Priester G Date / 0O ;' , Community Planning Assoc. Sue Hansen ~-- Date City of Meridian Cheryl Sable Date ~ G ~ n Meridian Fire District Representative _ Date ~ 7` ® Q 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 Sub Index Street Index Section NUMBERING OF LOTS AND BLOCKS TR\SUBSISM_CITY.FRM ~ ~rs~~~~~~~, ~~~o~ 90'BJbd ~~t;rv<)r RO[3ERT 0. CORRIE Cily Council Mrmbers CHARLES ROUNTREE GLENN BENTLEY RON.ANDERSON KEfTti BIRD ZS0S88880Z r'` i .~ HUt? C)F rr£aSUR£ VgLLEY A Good Ptace to Live CYTY O~ MER~I~IAN 33 EAST [DAI~IO MERIDIAN, IDAHO 33642 (_US) R,'38-x.133 • Fa~c (?08) RS7-~Rt3 City Clerk Fux (20$) $$$_.215 6E:bT 00, 2T NHl LEGAL DEPARTMENT c't)~l 's~-s99 • Faz 23R-2501 PUQUC WORKS BUILDING DEP.~RTMENT l `Q81 357.'!21 t • Fax 337. ~ 2q7 PL.+NNlNG AND ZONING DEPARTMENT l'_05155~•5>33 -Fat 337-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 12. 2000 ____ TRANSMITTAL DATE: December 30, 1999 HEARING DATE: January 18, 2000 FILE NUMBER: FP-00-001 REQUEST: FINAL PLAT FOR SANTEE COMMERCIAL COMPLEX BY: SANTEE CONSTRUCTION (PINNACLE ENGINEERSI LOCATION OF PROPERTY OR PROJECT: LOT 3, BLOCK 2 RAiLSIDE PARK SUBDIVISION P2 KENT BROWN, PfZ -THOMAS BARBEIRO; P2 RICHARD HATCHER, P2 KEITH BORUP, P2 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 ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PREUM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECIAMAT{ON(PREL{M d~ FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARK S 4 t` ~,J ~-~ 2 ~ ~ ~~ ~ ~°t JAN 1 2 2000 CITY ~~ ~II~I 90 3~Jtid 3~Il1~13S ~~IblINdS Z~RGRRRfTA7 ~Z _cT aara~ ~~T irr, ~ECEIvE~ JAH ~~ ~ 2000 ~~a;!$~ • ~ . ~' 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 January 13, 2000 Phones: Area Code 208 OFFICE: Nampa 466-7861 WIII Berg, Clty Clerk SHOP: Nampa 466-0663 Meridian City Council 33 East Idaho Meridian, ID 83642 Re: FP-00-001 Final Plat for Santee Commercial Complex Dear Commissioners: The final plat for the above-mentioned subdivision is acceptable to the Nampa & Meridian Irrigation District if constructed according to the plans. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File -Shop File -Office Water Superintendent Pinnacle Engineers, Inc. -John Carpenter Railside Development, Inc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Mayor ROBERT D. CORRIE City Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD MEMORANDUM: 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 Fax (208) 888-4218 To: Mayor and City Council From: Bruce Freckleton, Assistant to City Engine Shari Stiles, P&Z Administrator- `~" ~ 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 • Faz 887-1297 January 25, 2000 ~Ec~'><vED JAN 2 6 2000 City of i'~leridian City Clerk (lff;~.. Re: REQUEST FOR FINAL PLAT FOR "SANTEE COMMERCIAL SUBDIVISION" by Wes Worcester dba Santee Construction 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. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Off-street parking 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. 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 5. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 8. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. FP-00-001 Santee.FP.doc Mayor & Council January 25, 2000 Page 2 9. All construction shall conform to the requirements of the Americans with Disabilities Act. 10. Please be prepared to respond to the each of the comments contained in this memorandum at the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. SITE SPECIFIC COMMENTS Graphically depict the FEMA flood plain boundaries affecting this subdivision, and make reference to the panel number. Applicant shall be required to make application with the Meridian Building Department for development within a flood plain. 2. Please add or revise the following plat notes: (5.) All lots within this subdivision are subject to the terms of a conditional use permit as approved by the Meridian City Council on October S, 1999. (7.) ...located on the east west side of this... (8.) Add "landscaping and parking" to the purpose of Lot 24, Block 1, and change from "homeowner's association" to a more applicable name, such as "business owner's association." (11.) The owner of each lot across which passes an irrigation/drainage pipe or ditch, is responsible for the maintenance therof unless such responsibility is assumed by an irrigation/drainage district. (12.) The bottom elevation of building footings shall be set a minimum of 12 inches above the highest established normal ground water elevation 3. Coordinate locations and construction requirements of trash enclosures with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for building permits. 4. Provide letter of approval from Ada County Highway District with submittal of site plan prior to issuance of Certificate of Zoning Compliance. 5. All outdoor storage of equipment and material needs to be enclosed with a screening fence. 6. Provide handicapped accessible parking spaces and associated signage in accordance with the Americans with Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. 7. Change the plat date from 1999 to "2000" FP-00-001 Santee.FP.doc ~'1 Mayor & Council January 25, 2000 Page 3 Signage is limited to one low-profile monument sign per the approved conditional use permit. All signage requires separate permits, subject to design review. 9. Landscaping and fencing shall be in accordance with the plan submitted and approved as part of the conditional use permit. A letter of credit or cash will be required for the improvements prior to signature on the final plat. 10. Permanent perimeter fencing is to be installed prior to applying for building permits. Coordinate details with City staff. A letter of credit or cash for these improvements will be required prior to signature on the final plat. 11. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 12. Sanitary sewer service to this site will be via an extension from the existing mainline installed as part of the Railside Park development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 13. Water service to this site will be via an extension from the existing mainline installed as part of the Railside Park development. Subdivision designer to coordinate routing with the Public Works Department. 14. All street signs, road base, street lights, pressurized irrigation system, domestic water system (activated fire hydrants), and fencing are to be installed prior to obtaining building permits. 15. Verify approvals from Ada County Highway District and Meridian City-Rural Fire District for configuration of on-site driveways and turnarounds. 16. Assessment fees for water and sewer service are determined during the building plan review process. 17. Minimum front setback in an I-L zone is 35', as was shown on the approved preliminary plat. Revise plat to conform with approved preliminary plat. 18. The name of Santee Commercial Complex may be misleading to future buyers, as many commercial uses are not permitted within an I-L zone. 19. The City Council needs to review and approve the CC&R's submitted with the preliminary plat. Staff is concerned about the lack of detail in the CC&R's regarding responsibility for perimeter landscaping required as part of the CUP. These planting strips should be plainly delineated as the responsibility of the entire development, not individual lot owners, or the required planting areas should be excluded from the lots and included as common area within Lot 24, Block 1. FP-00-001 Santee.FP.doc Mayor & Council January 25, 2000 Page 4 .~. 20. Please darken up the line work and text for the easements and adjacent lots description, as they are very hard to read. Add "Unplatted" along the west boundary. 21. The Professional Land Surveyor preparing this plat shall affix his seal signature and date to the face of the plat, and the Certificate of Surveyor. 22. Show the distances of record for the "Basis of Bearing." 23. Please submit a copy of the plat second page for review by the Public Works Department, as the submittal packet staff received did not contain one. 24. A pressurized irrigation system is required in this subdivision per Meridian City Ordinance. FP-00-001 Santee.FP.doc ~layur ROBERT D. CORRIE City Cuuncil Mcmbcrs CHARLESROUNTREE GLENN BENTLEY RON,4NDERSON KEITH B[RD NUl3 OF TRE.-ISURE t/gLLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83612 (203) 338-~t=t33 • Fax (ZO8) 387-4g 13 City Clerk Fax (208) 388--213 LEGAL DEPARTMENT i2Q8) 253-_-199 • Faz 233-2j01 PUBLIC WORKS BUILDING DEPARTMENT (203) 337-_2l I • Fas 337-f297 PLANNING AND ZONING DEPARTMENT t_OS) 331-jj33 • Fez 337-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 12 2000 TRANSMITTAL DATE: December 30 1999 HEARING DATE:- January 18 2000 FILE NUMBER: FP-00-001 REQUEST: FINAL PLAT FOR SANTEE COMMERCIAL COMPLEX BY: SANTEE CnNCTQi irr~n.~ mn~.~ w i.. .- .-..~._ .___ _ LOCATION OF PROPERTY OR PROJECT: LOT 3 BLOCK 2 RAILSIDE PARK P2 -KENT BROWN, P2 -THOMAS BARBEIRO; P2 -RICHARD HATCHER, P2 -,KEITH BORUP, P2 -,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 ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT)- INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) R~M~=;~~~r;~ JAN - 5 2000 CITX OF NI~;~1Tl.I~.~1 .,^. CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT ~1'HEALTH Environmental Health Division Return to: DEPARTMENT ~~,~•~`!~ ~:^~ ~'" ' ^ Boise w~~ Rezone # JAN ~ Q 200 ^ Eagle ^ Garden City Conditional Use ## C~~y ~~gg ,Meridian ll~ 1~~. ~i`~~' r; .I.4 ~' ,~y ~t Preliminary Final .Short Plat -_/~ja - ~ p ~- p ~ r ^ Kuna e.-c.~,g-~ ^ ACZ - a-,._ ~e ^ I • We have No Objections to this Proposal. ^ 2• We recommend Denial of this Proposal. ^ 3• Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4• We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5• Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6• This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ ~• 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 ^ interim sews e ^ community water well g ^ 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 ^ sewage dry lines ^ community water ^ central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ I I. 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 ors as ^ beverage establishment p ^ child care center ^ grocery store Date: _~/ o ~1 / ao Reviewed By: ~-~-~~.~~~,jf CDHD 10/91 r~, rcv. 7/91 Review Sheet CENTRAL •• DISTRICT ~11'HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL • 801SE, ID 83704-0825 • (208) 375.5211 • fAX 327-8500 To prevent mrd treat disease and disubi/itv; to promote ltea/t/ry lifestyles; and to prntecf and prurnnfe 1/ie /realllr and qunlity of our errvirorunen[. 99-1062 December 22, 1999 David Navarro Ada County Recorder 650 Main Street Boise, ID 83702 Dear Mr. Navarro: ~~ ~E I~TE,IJ DEC 2 ~ 1999 S xr t y~'l~ k ~dfan 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 21, 1999. No lot size may be reduced without prior approval of the Health Department authority. If you have any questions, please call. Sincerely, Michael H. Reno Senior Environmental Health Specialist cc: Department of Housing and Urban Development City of Meridian Santee Construction Pinnacle Engineers, Inc., John Carpenter 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 Palley Elmore Boise and Ada C i , , , ount es Ada-WIC Satellite Office Elmore County Office 1606 Robert St. Boise ID 83705 520 E. 8th Street N. . Ph. 334-3355 Mountain Home, ID 83647 FAX: 334-3355 Enviro. Health: 587-9225 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Volley County Office 703 N. 1 si Street P O Box 1448 McCall, ID. 83638 Ph. 634-7194 FAX: 634-2174 KUB OF TREASURE VALLEY r ~I.""r ROGER"r D. CORR[E ~ A Good Place to Live LEGAL DEPARTMENT C~t C~~~,~,~~I ~,<<„n CITY OF MERID IAN x'081 288.2~gq . P;ix ,8g_'SOl ~ if5 PUBLIC wORKs CHARLES ROUNTREE 33 EAST IDAHO BL[LDING DEP.1RTViENT GLENN BENTLEY iVIERIDIAN IDAHO 836x2 ('081 887-_2ll • Fax 887-1297 RON,UNDERSON , (203) 888-4433 • Fax (208) 387-4813 '~'~~"~~g+" '' E~L.1NiViNG AND ZONING KEITH B[RD City Clerk Fax 208 888-4218 ( ) ~ DEPARTMENT I ~ ~ (~ L+ 1'_I1ti~88-t-?533 • Faz 887-1297 ,t ~it~ of ~lerid;, + ty Cerk ®ffi~:~. 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: January 12, 2000 TRANSMITTAL DATE: December 30, 1999 HEARING DATE: January 18, 2000 FILE NUMBER: FP-00-001 REQUEST: FINAL PLAT FOR SANTEE COMMERCIAL COMPLEX BY: SANTEE CONSTRUCTION (PINNACLE ENGINEERS) LOCATION OF PROPERTY OR PROJECT: LOT 3, BLOCK 2, RAILSIDE PARK SUBDIVISION _ P2 KENT BROWN, P2 _THOMAS BARBEIRO; P2 RICHARD HATCHER, P2 KEITH BORUP, P2 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 ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) January 14, 2000 MERIDIAN CITY COUNCIL MEETI G~,.~ R~ ~~ .~ ~~ _J~ ~'' ~ ~, 1 RY 18, 2000 ~ ~? ~ ~~ r"u~:~ APPLICANT: SANTEE CONSTRUCTION AGENDA ITEM NUMBER: ,~ ~~" REQUEST: REQUEST FOR FINAL PLAT FOR SANTEE COMMERCIAL COMPLEX BY SANTEEREQUEST: REQUEST FOR FINAL PLAT FOR SANTEE COMMERCIAL COMPLEX BY SANTEE CONSTRUC~ON AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED INFORMATION SEE ATTACHED SUBDIVISION EVALUATION SEE COMMENTS FROM SANITARY SERVICE SEE COMMENTS FROM WATER DEPARTMENT REVIEWED SEE ATTACHED COMMENTS y BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. _]i ,• .. 7 Q O o ~~ ° ~~ ~ o Y ~ LU m W m _ ~ z Y V W p D ~ ~ ~ ~~ V W y z Z ~ ~ W ~ v O ~ ~ V ~ • V ~ V Q J ~ f = c~ o V ~ a :.i C~ ~ o' ~ w o a Q ~' ~ ~ 4~ ~ ~ ~ J ~, ~ +~ ~ ~J ~ Y ~ ~ ~ ~ ~ ~ r , C ' ~ U ~~ } a ~ w LL ~ _:b ~ r ~~ ;~,-. - ~, ~„ :-.w ~` n tir 4~' ~% i r" .; ~ [~ ` ,,,~ r~ .~~,~a ~ ~N~Sy} V r ~Q ~ a,~ c O ,.a. M ~~~ ~ S.. f ..,e~~~ ,rws 'fie i2. ~~ d ~ .. J. ~. - ~ l S' y ' - ;'• 3' .. .. t~ G ~ ~ ~ y, i - ~;' ~,~~.. v 1.;. - ... -`''s r• ~ i S~ ,~~ i ;,iy -V. w ,a. - ~~~ f - r~r\ (1 ~ y, v, ~ q J y .~' •~ ( ir,! .S`A ,~. K.,, 'vi is ~ ''e ..~~~+Stkb.s:..1.L...:.:u~L:L:~..~.. ~...s.~:~ .:..~r..._.~t z ~i.':'.,~ ... T~~ .~ ... _c .f..,i ~u.:.:.a _..._ O ~ O _ - -- - -- - ~ -- - -- -- o - -- - -- - -~. I ~ Q I o . o a .° O ° l) Cr V a X H Q ~ G ~ O C W Z a ~ H 0 f 1 a ~. ~ , ~ U a ., Q ~~ < Z o O c E W O ~ ~ a = ~ g 4 a ~ W i ° '° o a - U f g ~~ V N !. v 0 ~m ~ c _ ~~ '; ''^^ W D:.. ~ _ --0 . U ~ t ~ ~ . L. O ~ Z ~ ' ~'~ ~ ~ > - ~ e N Q~ ~Q ~ L ~.~ Q v O \\VV\\ . V _ O O --Z Q H Will Berg From: Brad Hawkins-Clark [hawkinsb@ci.meridian.id.us] Sent: Monday, September 18, 2000 3:01 PM To: 'Will Berg'; 'Shelby Ugarriza' Subject: Bond Release -Santee Project Will 8~ Shelby, I inspected Wes Worcester's Santee Commercial Complex at 701 N. Ralstin today. All of the incomplete improvements noted in my 8-4-00 memo have been made and the City can release the $1,000 surety stilt being held. Thanks. Brad Hawkins-Clark From: Brad Hawkins-Clark [hawkinsb@ci.meridian.id.us] Sent: Monday, September 18, 2000 3:01 PM To: 'Will Berg'; 'Shelby Ugarriza' Subject: Bond Release -Santee Project Will 8~ Shelby, I inspected Wes Worcester's Santee Commercial Complex at 701 N. Ralstin today. All of the incomplete improvements noted in my 8-4-00 memo have been made and the City can release the $1,000 surety still being held. Thanks. Brad Hawkins-Clark DIN OF MERIDIAN ~ j\ ~ • "Hub of Treasure Valley" =, ~' - ' ~ `~ 33 E. Idaho - s ~• ~ Meridian, Idaho 83642 ~ A~ (~ \ 888.4433 ~ ~-. ~ ~ ~ - Customer's yl Order No. Date ~~' ~-~~(' ~ Name ~~;~ t ~ (~~i ~~ I'CL . ~ ~ ;l/V~~~~ '~Y1 )'(,' ~ Address ~ I ~GZ,~ ~'~ I/l, ^ VI ~ L~1 ~ J i ~ {~ Phone: ~-I ~ -- l.` ~' ~j SOLD BY CASH C. p. D. CHARGE ON ACCT. MDSE. RETD. PAID OUT ~G~ C~~ i,. , ~.~ - ~D~O FI O o UY- ZG~E. ~~ PVI ~ L f'i S C' ~Cvj'~-C_eJ ~ ~ Lr~i V ~ I I I AN claims and returned goods MUST be accompanied by this bill.' ceiv d ` TAX i e ~ o) ~ 0 012 6 8 6 By TOTA boo ~ D0 ~~_ t-~ PRINTED IN U.S.A. SANTEE CONSTRUCTION INC. 749 N. RALSTIN ST. MERIDIAN, ID 83642 PAY TO THE ` ORDEid OF a i PgINTEO WITH ~('~`•~ n ~ - Pi 10 6 9 I,~~~ ~: is 92-372/1231 3668 ~-+ 1: DATE ~~ ~~~~J .I I~~I $ °" ~~i I ~ / j 1 / nnl Saga ai.. ,.: jI --s ARS 8'6.~,~~~o~~ fr'1 Mylime, Mywhere Attess l 1-800-873-3555 I .usbank.can FOR II^ 010691r ~: l 23 L037 29~: L533 0 L94 L0511^ ~ ..... REc~~D e m ~ Aug - ~ zooo crrY o~ ~~lor~v To: Will Berg /Shelby Ugarriza From: Brad Hawkins-Clark ~C- CC: Shari Stiles, Wes Worcester (Santee) Date: 08/04/00 Re: Release of Surety for Santee Commercial Complex (Wes Worcester) Will & Shelby, Today, I did a second inspection of the subject site located in Railside Industrial Park at 701 N. Ralstin. Mr. Worcester submitted a bid and cash surety prior to receiving a temporary occupancy in June 2000, which I believe you are still holding. The majority of the improvements required under his Conditional Use Permit have been completed. Below are the improvements that are not completed and the improvements which are complete and for which the cash surety may be released: Completed Improvements Landscaping (trees & sod) Automatic Sprinkler System Retainer walls & Pavers Bid Estimate (Amt. To Release) $ 12,885 $ 8,120 $18,018 Incomplete Improvements Handicap Parking Signs (2) Trash Enclosure (south side) Trash Enclosure (north side) Bid Estimate (Amt. To Hold) No bid submitted -Approx. $30 per sign ($60 total) No bid submitted -Pad and poles in but no screen No bid submitted -None of enclosure constructed *Since I have no bid estimates for the incomplete improvements, I'd recommend the City hold a minimum of $1,000 surety for the incomplete improvements. I'll send you another memo once the final occupancy is complete and signed and the full surety can be released. Thanks. Brad • Page 1 MAYOR Robert D. Cowie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless August 7, 2000 Mr. Wes Worcester Santee Construction Inc. 749 N. Ralstin Street Meridian, ID 83642 941-0461 MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Re: Return Letter of Credit for Santee Commercial Subdivision 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 After a site inspection and review of the Santee Commercial Subdivision Project by the Planning 8 Zoning Department, it has been determined to release the Letter of Credit of $63, 667.00 to you for the completed of site improvements. We have received a check of $1,000.00 for the uncompleted portion of fhe landscape and parking lot requirements which will held until completion of those requirements. Please use this letter as authorization to release the Farmers and Merchants State Bank Irrevocable Letter of Credit No. 5411338112. If you have any questions please contact me. Thank you for your cooperation. Sincerely i~,`X/ William G. Berg, Jr. Cify Clerk HU6 OF TREASURE VALLEY A Good Place fo S.,iv~ CITY OF MERIDIAN 33 EAST IDAHO Enclosure FARMERS & MERCHANTS STATE BANK IRREVOCABLE LETTER OF CREDIT Letter of Credit No. 5411338112 Date: March 29, 2000 Expiration date: March 29, 2000 At the counters of Farmers & Merchants State Bank ?Q9 ~!. 12t", Roise; ID 83702 The City Of Meridian 33 East Idaho Meridian, Id 83642 To Whom It May Concern: Farmers & Merchants State Bank hereby establishes in favor of The City of Meridian (Beneficiary) for the account of SWCR, Inc. Our Irrevocable Letter of Credit in the amount of Sixty Three Thousand Six Hundred Sixty Seven dollars. ($63,667.00) available by immediate payment upon presentation of Beneficiary's sight draft drawn on Farmers & Merchants State Bank in an amount not exceeding the credit hereby established. The draft will reference the letter of credit number 5411338112 and be accompanied by: 1. The original of this letter of credit and any subsequent amendments. 2. Beneficiary's signed statement that SWCR, Inc has not completed fencing and landscaping for the Santee Commercial Complex. We hereby promise to Beneficiary that any drafts drawn under the terms of this Irrevocable Letter of Credit will be duly honored if presented to us by March 29, 2001. Partial drawings are permitted. This letter of credit subject to the Uniform Customs and Practice for Documentary Credit (1993 Revision), International Chamber of Commerce Publication Number 500. Farmers & Merchants State Bank, Boise Office By ~ ~.. ~?E~IEf ~4~ Ji' Cobbs Assistant Vice President A~R ~ z Zo~~ ~~~~' ;1T`,' ET~G 209 N. 12TH • P.O. BOX 9242 • BOISE, IDAHO 83707-3242 • (208) 343-7848 REc'~NED emo ~~G_ zQOQ CITY OF MERIDIAN To: WII Berg /Shelby Ugarriza From: Brad Hawkins-Clark !~~ CC: Shan Stiles, Wes Worcester (Santee) Date: 08/04/00 Re: Release of Surety for Santee Commercial Complex (Wes Worcester) Will & Shelby, Today, I did a second inspection of the subject site located in Railside Industrial Park at 701 N. Ralstin. Mr. Worcester submitted a bid and cash surety prior to receiving a temporary occupancy in June 2000, which I believe you are still holding. The majority of the improvements required under his Conditional Use Permit have been completed. Below are the improvements that are not completed and the improvements which are complete and for which the cash surety may be released: Completed Improvements Landscaping (trees & sod) Automatic Sprinkler System Retainer walls & Pavers Bid Estimate (Amt. To Release) $ 12,885 $ 8,120 $ 18,018 Incomplete Improvements Handicap Parking Signs (2) Trash Enclosure (south side) Trash Enclosure (north side) Bid Estimate (Amt. To Hold) No bid submitted -Approx. $30 per sign ($60 total) No bid submitted -Pad and poles in but no screen No bid submitted -None of enclosure constructed *Since I have no bid estimates for the incomplete improvements, I'd recommend the City hold a minimum of $1,000 surety for the incomplete improvements. I'll send you another memo once the final occupancy is complete and signed and the full surety can be released. Thanks. Brad • Page 1 ** TX CONFIRMATIOhJ REPORT *~ AS OF AUG 08 '00 14 46 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 13 08/08 14 45 343?9?9 MODE MIN/SEC PGS CMD# STATUS EC--S 01'18" 004 074 OK HUB OF TRBASURE VAL,C~Y MAYOR Robtrl D. Conic A Good Place to Live LEGAL DEPAL'TMEN-1' CI7['Y OF MERIDIAN (205) 288.2199 • Fax 288.3501 CITY COUNCIL MEMBEicS PUBLIC WORKS Ron Anderson 33 EAST TDAHp BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (3os) 8S~-z2i ~ • Fax 8S?-129 Tammy deWccrd (208) 888.4433 • FaX (203) $87-4813 PLANNING AND ZONING Cherie McCandless City Clerk Ofrice Fax (208) 588.4218 DEPARTMENT (2oS) 554.553: • Faz 8s8-~sssa FACSIMILE COVER SHEET TO FAX NUMBER: -14'3- ~~ ~ ~ DATE: G `-U 'gyp DELIVER T0: d!~ ~~b~s TITLE /DEPARTMENT: ~~ ~7 ~ ~sG~"~ ADDRESS: CONFIDENTIAL YES: N0: TOTAL NUMBER OF PAGES INCLUDING COVER SHEET.- FROM: CITY OF MERIDIAN -FAX NUMBER (208) 888-4218 NAME: L~/AI~ /~~~'~ TITLE/DEPARTMENT,- ~~~ ~~~~ COMMENTS: PLEASE CALL (208) 888-44331E YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. 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 MERIDIAN, 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) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 FACSIMILE COVER SHEET TO FAX NUMBER: - ~ ~-~ `~ ~ ~ DATE: ~ ~ DELIVER T0: ~'~• ~' ~' '~ TITLE / DEPARTMENT. ~ ;~ ~~~~ ~ ~~~".:~ ~' .. ~ ~_ ADDRESS: CONFIDENTIAL YES: NO: TOTAL NUMBER OF PAGES INCLUDING COVER SHEET.' FROM: CITY OF MER/DIAN -FAX NUMBER (208) 888-4218 NAME: ~~"/ ~ ~~''~ TITLE / DEPARTMENT. ~~ ~-~`~~"^~~E--~ COMMENTS: ~° ~~' ,r~-- /' ~~ -~ ~ti~',r ~~f c Pfd. PLEASE CALL (208) 888-4433 IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY- CITY OF MERIDIAN ~\ , "Hub of Treasure Valley" l= ~ > ' ~ `~: 33 E. Idaho S ~~' ~ ~ •t Meridian, Idaho 83642 d„c A~ 888-4433 %~ ~-- ~S ~ ~ iii Ctnmar'c Order N o. Date ~ ~ ~`~~ ( I 1 Name G~~Cns Lv~'~C.Q,,' /^ ,I.iVM~ '~YL U ~ Address ~ ~L~S~ ~, ~1 / ~V ~ ~~ «h~ Phone: ~`~ ~ - ~' T ~Q SOLD BY CASH C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT - CZ~o ~I © v I ~ Q ~ "~ (1Y~ ,'iol~, Z ~ PXl ~ , f'/ _.f' I C' ~G~~-7.~e~ ~ ~ Lr~i V ~ I I I I I Ali claims and returned goods MUST be accompanied by this;bitl. TAX I 0 012 6 8 6 Byceived ~ ~ J~ TOTA Cb('Q ~ GS-202-2 PRINTED IN U.S.A. J,~ v6ixreo wiTx ~`~'}~ Q n e C~J SOYINK Jhc+nl`~`--`l~'Jpw r I 106 !j? SANTEE CONSTRUCTION INC. 749 N. RALSTIN ST. ~j MERIDIAN, ID 83642 9272/1231 3668 ~ ~ jl ~ ! "~ ~Id PAY // ~~, y TO THE ` ,c/// /~ b U ' OR OF (~ +~/1 ~ / U ~ a ~" ~~. u y~ S~f~aafe ";i 'i (bank. ARS 8oaanso~ . ldl Anytune, Anywhere Access /~ ~~I 1-BOp-673-3555 / ~ a I' .uehenk.Carn I,I I li' FOR - ~ - - - - - -- Ili: ~~?' i;~ 's II' OL069u^ ~:i23L03729~:1 5 3 390 194L05u' ~ ~ Memo To: Will Berg, Jr. -City Clerk From:Gary D. Smith, PE CC: file Date: 04/14/00 Re: Santee Commercial Subdivision -Final Plat Mylars R~c~~~ APR 1 4 2000 CI'T'Y OI' 1~RIDIA~'V Will: Here is mylar Sheet No.1 and Sheet No.2 for this subdivision. I have reviewed my project file and find that the plat complies with our previous review comments. In that regard, I have signed Sheet No.2 in the appropriate space. For your use and file, I am attaching hereto the following documentation: 1. Letter of Credit from Farmers & Merchants State Bank for $63,667.00. 2. One copy each of contractors bid for fencing, landscaping and sprinkler system. My file indicates these are the off-site items needing to be completed. 3. One copy of the CCR's. The developer (Taylor) tells me although this is an unsigned copy, it is the document to be signed by the President of SWCR, Inc. and will be recorded accordingly. 4. I have previously transmitted alandscaping / fenang plan to Shari for her review and approval. I have not heard from her, however, when I delivered it to her she seemed to think she had already approved the plan.(?) If you have any questions please give me a call. Wes Worcester will probably be calling you on onday for this plat, as he is very anxious to get the plat to the County Surveyor. From tt~ desl<of... Gary D. Sauth, PE Meridian City Engineer Meridian Public Works Department 2001:. Carlton St, Sui6e 100 Meridian, Idaho S,'i642 2600 • Page 1 (208) 88'/-7111 Fax (2(18) 887-1297 FARMERS & MERCHANTS STATE BANK IRREVOCABLE LETTER OF CREDIT Letter of Credit No. 5411338112 Date: March 29, 2000 Expiration date: March 29, 2000 At the counters of Farmers & Merchants State Bank 209 Ill. 12~h, Roise; ID 83702 The City Of Meridian 33 East Idaho Meridian, Id 83642 To Whom It May Concern: Farmers & Merchants State Bank hereby establishes in favor of The City of Meridian (Beneficiary) for the account of SWCR, Inc. Our Irrevocable Letter of Credit in the amount of Sixty Three Thousand Six Hundred Sixty Seven dollars. ($63,667.00) available by immediate payment upon presentation of Beneficiary's sight draft drawn on Farmers & Merchants State Bank in an amount not exceeding the credit hereby established. The draft will reference the letter of credit number 5411338112 and be accompanied by: 1. The original of this letter of credit and any subsequent amendments. 2. Beneficiary's signed statement that SWCR, Inc has not completed fencing and landscaping for the Santee Commercial Complex. We hereby promise to Beneficiary that any drafts drawn under the terms of this Irrevocable Letter of Credit will be duly honored if presented to us by March 29, 2001. Partial drawings are permitted. This letter of credit subject to the Uniform Customs and Practice for Documentary Credit (1993 Revision), International Chamber of Commerce Publication Number 500. Farmers & Merchants State Bank, Boise Office Jig Cobbs Assistant Vice President ~~~ j ~ 2~~ y~r~v~ p~~~~ !~-/~ t . lit ~' ^'1.-. 209 N. 12TH • P.O. BOX 9242 • BOISE, IDAHO 83707-3242 • (208) 343-7848 e Feb-11-00 10:19A Anvil Fence Co MAILING ADDRESS: 106 E. 46th Place Boise, Idaho 83714 LGCATED AT, 4640 Chinden Blvd. Boise, Idaho 83714 208 375 6768 P.O1 PHONE: (208)375-676;' Fax: (208)375-676f1 St1rfC 1 ~)f~l MIKE THOMPSON, PRESIDENT PROPOSAL 70: Wes Wo r e s t e r DATE Qecember 2, 1999 ADDRESS 10065 Westvlew Dr. Rolse. Id 83704 ~OgADDRESS Railside Park Sub'd ATTN: 340-1490w 377-55:s6h PHONE; 371-7613 FAX: 375-4107 CHAIN LINK FENCE SPECS =erce Stvle C omm e r c I a I Neigh! cf Fabric 6 ~ Top Rgil 1 5 / 8 " .065 Top-Borb Vdire Non e 2" I:"esn .^,;,;gc 11 Tie'~~'v`ire 9Gauge Concrete 24" - 30" Lne Pos's 2 3 / 8 " .065 Fosf S,~~acing 1 0 ~ End Pests 2 3 / 8 " Tu f 20 Gate Forts. 2 3/ 8" T u f 4 0 WOOD FENCE SPECS t~~~~f "n Heigh* of Fabric RcarC size ~ APR 1 4 2(~~~= abric Quality 2x4 Rails 4x4 Pos's Fost Spacing Concrete Nails Gat~ar'vii i Xhank Air Quantity: 1173' of 6' tall commercial chain link fence with vinyl "PDS" slats. (44) End. corner and gate posts. (2) 5' x 6' man gates. (1) 8' x 6' double drive gate with vinyl slats at CMU enclosure. • Total for above -- $ 14.190.00 Installed , North: 425' of fence with (2) terminals -- $ 4.330.00 installed. South: 425' of fence with (2) terminals -- $ 4,330.00 Installed. West: 200' of fence (terminals in N & S I(ne) -- $ 2,000,00 Installed East: 20' of fence with (4) terminsal & (2) gates __ $ 610.00. .~/~ Interior: 103' of fence with (36) terminals --• $ 2,470.00 Installed. i~~ ~r CMU Enclosure: (1) 8' x 6' double drive gate -- g 45PJ,00 installed. ----- -- __ -- --- _p _ _ p -- --- - changes other than shown o this order or drawing will be charged for at prices agreed upon at time of change. O ner respo sible for ro erty lines, private utilities, repairing sprinkl ystems damaged du g pos hole digg' g, sewer lines, removal of existing obstructions and permits/Initic~f 'NOTE: The hi hf r nu ; r of ch in fink gauge, reflects lighter weight materials. FENCE CO. Where 6?uallfy Counfs *lr~ nrv vnrn i~~F npp~Fr`rATF TNF nPPnRT11NlTY TO E~l/OTF YOUR PROJECT! ---------------------- _______________ _ ----- Feb-11-00 10:20A Anvil Fence Co 208 375 6768 P.02 MAILING ADDRESS~r• f~i IOfVL: (?_08)375-6761 106E 46th Place Fax: (208)375-676E Boise, Idaho 83714 ~tillrc'(' l `)(~ LOCATED AT: MIKE THOMPSON, PRESIDENT 4640 Chinden Bivd, Boise, Idaho 83714 FENCE C O. Where 6?uaiif'y Counts PROPOSAL TO: Wes Worcester DATE February 11. 2000 ADDRESS 10065 Westy i ew Dr . Bo 1 se I d 83704 JOB ADDRESS ATTN; PI-TONE: Rai Iside Park Sub'd 340-1490w 377-553h 371-7613 FAX: 375_4107 CHAIN LINK FENCE SPECS pence Style Height cf Fabric Top Rail Top-Barb V~~~re °~les!~ 'Gauge Tie'J~Jire 9 Gauge Concrete ~ine Pasts Post Spacing End Gosts - Gate posts WOOD FENCE SPECS Height of Fabric Board Size Fabric Quality 2x=; i<eds 4x4 Fosts Past Spacing Concrete Nails Galvanized Ring Shank Air Quantity: Changes 1) Deduct 142' of fence on the North line (Benny Wylie) -- Deduct <~1~420.00> from original bid dated December 2, 1999 . 2) Deduct per foot for large project: a> If vinyl slats are ordered before Tuesday February 15, 2000 and payment for materials on hand for slats -- Deduct <$ .40'> on perimeter. (Footage after 142' on Renny's project - 1 031'>. b) if vinyl slats are not ordered bef ore above deadline -- <~ .25'> (Based on 1.031'). Ail changes other than shown on this order or drawing will be charged for at prices agreed upon at time of change. Owner re onsible for p petty lines, private utilities, repairing sprinkler system> damaged during ~ ost hole gging, sewer ' es, removal of existing obstructions and permits. _ initicl 'NOTE: The high number f chain link g ge, reflects fighter weight materials. ACCEPTED / Y p~ my ~/.- . ~ -. Terms of Payment Progress b I I I I n g s . DEC-23-99 84:55 PM CHUCKS SPRINKLER SLG1(46 P. 02 ~s~ . - ~~~ Y.~ S CHANGE ORDER AUTHORIZATION ~a ~ „ tk Sprinkler Service ~ , , , . , .. : „ / P.O. Box 45426 Boise, Idaho 83711 Lawn Sprlnkling, Inc. (208) 322-t766 ;:, - --- ~ - _ TPHONE ~L1 ~ i~ ~_ - ~_ ~ J06 NAME ~ (j (~ ~~~ STATE REST CONTRACT NO. ~ DATE OF EXISTING CONTRACT CITY are hereby authorized to perform the following described work: _ _ _ - -- ~~. _ ~ - - e~ - -- - ,~ ~ ~., c c.,s T--_-- - ~ 7 3'15 - -~~ - - - -- DATE Q JOB NUMBER SJ' Ins: _- ... _ ------ _ __ st _ ._ _- --_ _ __ ._. _ - ~- - r t~ ~,-1-?.~ "'tCSt.4~~__ 1~~~T3r~~ ~2 aST ~Q.~~ - ~ ~ ~ car -~V . O~ clPr_1~_Q~ _-th<c.. --'~~ -tra-L`~ ~ rl sT~A.r~ i~ y,,~ O, ao a ` - - T~'TAl $l~,aLO~ ARGE FOR ABOVE WORK IS: DEBIT ~ cREO(T ;S".':.='1V~~ APR 1 4 200E ~-~- -_--_ 19_.1.G~. Authorized Signature,..----- -- ------ - ---- .. e _ Towner signs her -ve additional work to be performed under same conditions as specified in original contract unless otherwise stipulated. hereby agree to fur - e6or~'nt#~ r~als-compl~~ accordance with the above specitications at above stated price. ;horized Sign ~~'~~" - Date (2 -- 1 ~ "~ - t (contractor sign here) ~., IS IS CHANGE ORDER N0. __ 1)EC-23-7y by : Jy r(•1 I:HU(.:KS SrK 1 NKLtK f :a~E: J L C l! b b ._ ~ ~~,r.r~:v;~i .i. ,~:-~rf~n~.ac a v~. c'n. ri-rz~ ; ~ . _... * Sprinkle' SBroics tr ~~~~ / P '_~. 60>< 45426 I1 1 Boise, Idaho 83711 Lswn yprt. Klln9, Inc. ;2081 322-1766 rILL •(. i t••rr nrf T;ATF toe raAMr -.~ -~--- ---- - rtp coot _-.. - ; b '•KAT~fN ---- -- _A>>s.•~~-_S'c~~~c Sib pAlf Pt AhS _ .-_._ I I-~B MIOHf r.ai _~ ~.w~ ~t; followiny proposal is for the installation of a completely AUTOMATIC S rinklin System. Your systefirt' ~1 include the following type of material: ~~ p ' HEADS, I~op-up~. ~~L'!.~_ y_ ~1~: ~ - 3 C ~S. _ shrub z~ - Q'~6f3~_2_11S ' HEADS, oscillating--.~0 .~t1~Q2t~~ _ ROTR ~ w/not ~ - ~t ' VALE/ES, Senclosed in valve boxes)_~.._. ~ V - ~ ~~,_ ~Q~,, -~__ _ ~~ ?, ' MAINLINE, ~ /~ P1tr C. _IM P~1!•? _-__~G.~ __~~- a.- ' LATERAL SECTION, polvethylene,__ ~ L !~4'}.~~_ `O1 ~/ ~~~ ` CONTROLLER~A~.f~_Bf~IO ES(?-•_~_~ ------_..._.__ „-. _. " V1/1 R E, UH F direct burial __~ __ ~~ ~• ^ `" ur system has been designed to fit the landscapin , in youn yard and will water only areas that require waterirlQ; e system should not throw any water on the house and a minimum amount will go on the walks and drivE'3:° i`stem will be guaranteed for 5 fill years against any faulty rrateria! and one full year on all!abor. This !s not include anything in the way of vandalism or intentional breakage of any portion of the system. Yoi:~` tem will be winterized the first winter following installation by blowing out the lines with an air compresst~`,;~ ~s~ Inwout~ w_ ill be ~ua`anteed by~us, Your system will also be tur~n_ed on by us the first spring. You will be. `ified by the service department of services availahle at the turn on and throughout the life of the system, ~P ~It1~t06P hereby to furnish material and labor -- complete ;n acr.ordance Ntth above specificat+ons, for the sum.~f: -~------------------_ _-- dollars OO Io br. made as follows ~ -° --- ~_ ~E ~,~`/SI~ ---~'' . .;~:: percent of the total contract is due at the time of the signing of this contract with the balance due imme' y upon the Completion of the ob. ____ 71 •s Rua•antted to De as soecJKd. A:I cork To be eomp~etrr. ;n a wo •-a~:,re _! r''~j ,.., :COM.ng In standaM pgctices. Any aRnatron or dev.abon Irom aoove spec .r~u Aul n Lt•~ ~ v . W.nR r.t.a costs w.N be erecuted only upon written orders, any w It become an S~gna _. ~,_~,. ~ \~•rr f.~~/ (e over and above the esl~mate Au aRnemrnts cont.ngent upon st•~ses. a-oarnt. --- - ~- ~~~ Mynnd our con•rnt. Owner to tarn f;re, tornado and otner necessa•r ~nsu ..nrr No;e- Th.s proDOSaI may bC rs are Iulty covered Dy Workmen's Com pen vt.On insursnr e. w~thdrewn by u$ i1 not accepted within --___ _ _ _ ~ti~t ~JK1ItYP Df ~r~;1t=BFIi --The above pfICCS. SpP.r11~CAt'r!n$ ~tions are se6slactory and re hereby accepted. You arc authnntrd wort. as specified. Payment will be made as autlmed above. Srgnaturc Acceptance. ~_ ~_ _ --_ - Signature RE~~'/~I~ APR 1 4 2000 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SANTEE COMMERCIAL COMPLEX THIS DECLARATION is made on the date hereinafter set forth by SWCR, INC., an Idaho corporation, hereinafter referred to as the "Declarant"; R E C I T A L S• WHEREAS, the Declarant is the Owner of certain real property situate in the City of Meridian, County of Ada, State of Idaho, which property is more particularly described as: Lot 3, Block 2 of Ralston Industrial Park Subdivision as the same is reflected on the Plat thereof in the records of Ada County, Idaho. and which real property is hereinafter referred to as the "Property." NOW, THEREFORE, Declarant hereby declares that the Property shall hereafter be held, sold, and conveyed subject to the following easements, restrictions, covenants, and conditions which are for the purpose of protecting the value and desirability of, and which shall run with and bind, the Property and each and every part, parcel, and Lot thereof. These easements, restrictions, covenants, and conditions shall be binding upon all parties hereafter having any right, title, or interest in the Property or any part, parcel, or Lot thereof, and upon their heirs, successors, and assigns. These easements, restrictions, covenants, and conditions shall also inure to the benefit of each present and future Owner of the Property and/or the Owner of any part, parcel or Lot thereof. Notwithstanding the foregoing, pursuant to Section 55-1504(b) of the Idaho Code, Declarant expressly declares that the provisions of Title 55, Chapter 15 of the Idaho Code shall not be applicable to this project. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 1. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to SANTEE COMMERCIAL COMPLEX BUSINESS OWNERS ASSOCIATION, INC., a nonprofit corporation organized under the laws of the State of Idaho, or any successor or assign of the Association. Section 2. "Owner" shall mean and refer to the record owner, whether one (1) or more persons or entities, of a fee simple title to any Lot which is a part of the Property, including contract purchasers, but excluding those parties having an interest merely as security for the performance of an obligation. Section 3. "Property" shall mean and refer to the real property constituting the SANTEE COMMERCIAL COMPLEX according to the official recorded plat thereof, and every part, parcel, and Lot thereof, and shall further mean and refer to such additional real property as may hereafter be made subject to this Declaration of Covenants, Conditions, and Restrictions by any Supplemental Declaration pursuant to the provisions hereof for the annexation of additional parcels of real property. Section 4. "Common Area" shall mean and refer to any area of SANTEE COMMERCIAL COMPLEX which has been, or hereafter is, designated as Common Area on the final plat of the Complex, to any property owned by the Association, and to any Lot or parcel designated as Common Area in any Supplemental Declaration filed by Declarant or the Association subjecting additional real property to this Declaration. Subject to the provisions hereof, said areas are intended to be devoted to the common benefit, use, and enjoyment of the Owners and are not dedicated to the public. Section 5. "Common Facilities" shall mean and refer to those physical improvements constructed by Declarant or the Association upon the Common Area or upon the utility easements over each Lot, including the sidewalks, curbs and gutters, street lights, the water system, and/or the irrigation water system placed thereon. Section 6. "Lot" shall mean and refer to all lots within and shown upon the official recorded plat of the SANTEE COMMERCIAL COMPLEX, except for the Common Areas, and except for streets dedicated to the public, as shown upon the recorded plat. Section 7. "Declarant" shall mean and refer to SWCR, INC., an Idaho corporation, its successors and assigns, provided that, such successors or assigns have acquired more than two (2) DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 2. Lots and that such Lots constitute the entire remainder of unconveyed Lots owned by Declarant. Section 8. "Project" shall mean and refer to the Property and all contemplated improvements thereto. Section 9. "Annexed Property" shall mean and refer to any real property which may hereafter be made subject to this Declaration by Supplemental Declaration pursuant to the provisions hereof for the annexation of additional parcels of real property. Section 10. Whenever the context so requires, the use of the singular shall include the plural, the plural the singular, and the use of any gender shall include all genders. ARTICLE II SANTEE COMMERCIAL COMPLEX BUSINESS OWNERS ASSOCIATION Section 1. It is contemplated that simultaneously with the execution and recordation of this Declaration of Covenants, Conditions, and Restrictions (the "Declaration"), the Association will be incorporated and the Association will adopt Bylaws (the "Bylaws") for its governance. Section 2. To the extent the Articles of Incorporation or Bylaws of the Association may conflict with the provisions of this Declaration, the provisions of this Declaration shall control. ARTICLE III PROPERTY RIGHTS Section 1. Owners' Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Areas and Common Facilities, subject to such reasonable rules and regulations covering the use and access to such areas and facilities as may be adopted by the Association. Said rights and easements shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) The Association shall have the right to charge reasonable admission and/or other fees for the use of any Common Facility; DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 3, (b) The Association shall have the right to suspend the voting rights and the right to use the Common Areas of any Owner for any period during which any assessment against the Owner's Lot remains unpaid and for a period not to exceed sixty (60) days for any infraction of the Association's published rules and regulations; and (c) The Association shall have the right to dedicate or transfer all or any part of the Common Areas or Common Facilities to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members of the Association. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of each class of members of the Association has been recorded. Section 2. Declaration of Use. Any Owner may delegate his or her right to the enjoyment of the Common Areas and Common Facilities to his or her tenants, or to the contract purchasers of his or her Lot, provided such designees occupy the Property and agree to be bound by the rules and regulations of the Association. Section 3. Parking Rights. All parking areas established within the Common Areas shall be governed by the provisions of Section 21, Article V, below. Section 4. Res onsibilit for Maintenance. The Association shall provide maintenance to the Common Areas and the improvements thereon. In the event the need for maintenance or repair is caused through the willful or negligent act of an Owner, or his or her guests, or invitees, the costs of such maintenance or repairs shall be added to and become part of the assessment to which such Owner's Lot is subject. Each Owner shall be responsible for maintaining and keeping in good order and repair the exterior of his or her Unit. In the event of damage to, or the destruction of, a Unit by fire or other casualty, the Owner must complete repair and/or replacement of the Unit within ninety (90) days of said damage or destruction. Section 5. Common Area Setback Reauirement,. It is hereby declared that portions of the Common Areas of the project shall be subject to setback restrictions. Said restrictions shall be as follows: (a) Area Subiect to Restriction. .These restrictions shall apply to any portion of the Common Area located within ten feet (10') of any Lot located within the project. DECLARATION OF COOENANTB, CONDITIONS, AND RESTRICTIONS - 4. (b) Setback Easement. The Association and any owner of the portions of the Common Area subject to this restriction shall be subject to a negative easement which shall prohibit the construction of any structure within the area of this restriction. Landscaping, fencing, sidewalks, and parking areas may be placed within the setback area. (c) Easement Holder. Each Lot owner and the Association shall be regarded as the holders of this easement for enforcement purposes. ARTICLE ZV RIGHTS RESERVED BY DECLARANT Section 1. Notwithstanding anything to the contrary contained in this Declaration, the Declarant expressly reserves unto: (a) Itself, its employees, successors and assigns, its agents, representatives, contractors and their employees, all necessary or convenient easements and rights-of-way on, over, and across all or any part of the streets of the Complex for vehicular and pedestrian ingress and egress to and from any part of the Property, or to and from any adjacent real property owned by Declarant, or its successors or assigns; (b) Itself, its successors and assigns (including any district, company or other entity providing water, sewer, gas, oil, electricity, telephone, cable television, or other similar services), all necessary or convenient easements on, over, under, and across all or part of the Common Areas, together with the utility easements as provided on the recorded subdivision plat of the SANTEE COMMERCIAL COMPLEX and any subsequent subdivision plat of Annexed Property, for the installation, use, maintenance, and repair of all lines, wires, pipes, and all other things necessary for all such services, provided that any such lines, wires, or pipes shall be underground and further provided that all work done in connection therewith shall be performed with reasonable care and that the surface of said easement areas shall, within thirty (30) days following the completion of such work, be DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 5, restored to the level and condition that existed prior to the doing of such work; and (c) Itself, its employees, successors, assigns, agents, representatives, contractors, and their employees the right to use the Common Areas, where applicable, to facilitate and complete the development of the Property and any Annexed Property, including without limitation the.use of the Common Areas, where applicable for: (1) Construction, excavation, grading, landscaping, parking, and/or storage; (2) The maintenance and operation of a sales office and model units for sales purposes; (3) The showing to potential purchasers of any unsold Lot, unit, or improvements within the Project; and/or (4) The display of signs to aid in the sale of any unsold Lots and units or all or part of the Project. ARTICLE V USE AND BUILDING RESTRICTIONS Section 1. Building Restrictions. Each Lot shall be restricted to one commercial office/warehouse operation. No other structure shall be erected upon any Lot. Section 2. Noxious Uses Prohibited. Each lot shall be used only in such manner as will be inoffensive to any other property Owners in the Project. Section 3. High Pile Storage Prohibitted. Storage of combustible materials in any unit over eight feet (8') in height as measured from the concrete floor shall be prohibitted at all times. Section 4. Buildin Site. A building site shall consist of at least one (1) Lot or a parcel composed of more than one Lot. Section 5. Moving of Buildincrs• Construction of outbuildings. No buildings or structures shall be moved onto the Property. No travel trailer or similar mobile unit designed for overnight accommodation shall be parked in any street or within any DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 6. Lot's building setback lines. No trailer, tent, shack, garage, barn, or other out-building erected on a Lot shall at any time be used as a residence, temporarily or permanently. Notwithstanding the foregoing restrictions, a portable construction office may be placed upon any Lot during the period during which construction of a unit thereon is in progress, provided that such office may not remain or be kept upon such Lot for more than six (6) months. In addition, a temporary sales office of a portable nature may be placed upon a Lot by Declarant to facilitate Lot sales. Section 6. Prosecution of Construction Work. The construction of all units and associated structures shall be prosecuted diligently and continuously from the time of the commencement thereof until such unit or associated structure is fully completed and painted. All structures shall be completed as to external appearance, including finished painting, within six (6) months from the date of the commencement of construction, unless prevented by causes beyond the control of the Owner or builder and then only for such extended time as that cause continues. Section 7. Oil and Mining Operation. No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted upon or in a Lot nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. Section 8. Excavation. No excavation for stone, sand, gravel, earth, or minerals shall be made upon a Lot unless such excavation is necessary in connection with the construction of an approved structure thereon or in connection with the making of other improvements thereon which improvements have been approved by the Architectural Control Committee. Section 9. Unsightly Structures or Practices. No unsightliness shall be permitted on any Lot. Without limiting the generality of the foregoing, all unsightly facilities, equipment, or structures shall be enclosed within approved structures or appropriately screened from view. All refuse, garbage, and trash shall be kept at all times in covered containers which containers shall be kept and maintained within an enclosed structure or in an area appropriately screened from view except when necessarily placed for pickup by garbage removal services. Storage piles shall be appropriately screened from view. No lumber, grass, shrubs or tree clippings or scrap, refuse, or trash shall be kept, stored, or allowed to accumulate on any Lot. Section 10. Vehicle and Ectuipment Parking. No trucks, automobiles, campers, recreational vehicles, trailers, boats, DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 7. motorcycles, snowmobiles, snow removal equipment, golf carts, or similar equipment or vehicles, shall be kept or stored upon a Lot except within the interior of the Owner's Unit. Such vehicles or equipment shall not be parked on any street, nor shall they be parked or stored in the Common Area for more than twenty-four (24) consecutive hours. Section 11. Material Storaae. No building material of any kind shall be placed or stored upon a building site until the Lot Owner or his builder is ready and able to commence construction and then such material shall be placed within the property setback lines of the building site upon which the structure is to be erected. The Architectural Control Committee and/or the Association (through its agents) shall have the right to enter upon any vacant building site for the purpose of burning or removing weeds, brush, growth, or refuse. Section 12. Hazardous Materials. At no time shall any Owner permit the storage within any unit of hazardous materials exceeding the amounts specified on Table 3-D of the Uniform Building Code from time to time applicable to the Project. Section 13. Noxious Use of Property. Noxious or undesirable acts or the undesirable use of any portion of the Property including (but not limited to) acts or uses causing loud noise which interferes with the peaceable enjoyment of neighboring units or properties is prohibited and shall not be permitted or maintained. Section 14. Billboards; Sians. No sign of any kind shall be displayed to the public view on any Lot except for signs which have previously been approved by the Architectural Control Committee and which comply with all applicable city, county, state, federal and/or other sign regulations. The Association may maintain one (1) or more complex identification signs and appropriate informational signs upon the Common Areas,-such signs to be of a size and design approved by the Architectural Control Committee. The Association may also place parking signage pursuant to Article V, Section 21, below. Notwithstanding the provisions of this Section 14, Declarant shall be entitled to place such signs, of such size, as Declarant may deem appropriate, to identify the Project, to relate information with regard thereto, and to advertise Lots for sale. Section 15. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot. Section 16. Exterior Antennas. antennas, radio aerials, or similar devices installed on any Lot or on the exterior of No outside television or structures shall be any structure located DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 8. thereon. Satellite dishes shall be permitted only if approved by the Architectural Control Committee and if located behind the front plane of the structure (toward the rear of the Lot) outside of any building site setbacks, and if appropriately screened from view from any direction. Section 17. Control of Exterior Walls Roofs Etc The visual harmony and aesthetic appeal of the Project being of mutual concern to all Owners and having a direct bearing on the value of Lots and the improvements thereon, the Architectural Control Committee shall have the right to control the texture, design and color scheme of the outside walls and roofs of all structures erected upon any Lot. The Owner shall not repaint the outside walls without first obtaining approval of the Architectural Control Committee as to color. Section 18. Fire Protection Systems. Each Owner shall be responsible to maintain the approved dry fire suppression (sprinkler) system covering the Owner's entire Unit. Service, and testing shall be included in Association responsibilities. The dry system shall have a compressor, alarm system, and pressurized components in each building to be controlled by the Association. Section 19. Exterior Lightinq. No exterior lighting shall be installed or maintained on any Lot (or structure thereon) which interferes with the use and enjoyment of adjacent Lots or without the prior approval by the Architectural Control Committee of the proposed installation. Section 20. Sanitar Facilities. Prior to the occupancy of any structure thereon, each Lot shall be connected to public sewer services. Section 21. Parking Cross-Easements. Each Owner shall hold a non-exclusive cross-easement for parking purposes covering any and all undesignated parking areas which may exist within the Common Areas from time to time. Notwithstanding the foregoing, except for Unit 733,the Association shall assign each Unit two (2) parking spaces adjacent to that Unit and shall provide appropriate signage designating for which Unit such spaces are reserved. Unit 733 shall have three (3) assigned parking spaces. In addition, each owner shall have the exclusive control of parking directly in front of that owner's warehouse entry door. Section 22. Easement for Maintenance. The Association shall have a permanent easement to go upon the privately owned property of Owners in this complex to perform maintenance upon said property or upon any Common Areas, including, but not limited to, snow removal, lawn maintenance, utility service and drainage system maintenance, subterranean irrigation water system maintenance and DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 9. perimeter fence maintenance, fire sprinkler maintenance of dry system, together with all rights of ingress and egress necessary for the full and complete use, occupation, and enjoyment of the easements hereby reserved and all rights and privileges incident thereto, including the right from time to time to cut, trim, and remove tress, brush, overhanging branches and other obstructions which may injure or interfere with the use, occupation or enjoyment of the reserved easement and the operation, maintenance, and repair of utility service connections and drainage systems whether or not such conditions violate any of the foregoing sections. Section 23. Americans with Disabilities Act Com liance. It shall be the obligation of each Owner to ensure that the Owner's unit shall comply with the provisions of the Americans With Disabilities Act (or any similar Act) from time to time applicable to the unit. It shall not be the responsibility of the Declarant to ensure such compliance. It shall be the responsibility of the Association to ensure that all Common Areas comply with the Act. ARTICLE VI ASSOCIATION MEMBERSHIP AND VOTING RIGHTS Section 1. Membership. Every Owner of a Lot shall be a member of the Association. Membership shall be appurtenant to and may not be separated from Ownership of any Lot. Section 2. Classes of Membership. The Association shall have two (2) classes of voting membership: Class A: The Class A members shall be all Owners, with the exception of the Declarant, during the period when the Declarant is a Class B member. After the Class B membership converts to Class A memberships, each Class A member shall be entitled to one (1) vote for each Lot owned. When more than one (1) person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised by the vote of the majority in interests of those holding interests in such jointly owned Lot, but in no event shall more than one (1) vote be cast with respect to any Lot. Class B: The sole Class B member shall be the Declarant or the Declarant's successor or assign. The Class B membership shall cease and be automatically converted to an appropriate number of Class A memberships (one Class A membership for each Lot owned) when the Declarant owns ten percent (10%) or less of all of the Lots which are DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 10. part of the Property. Until that time, all Association matters shall be governed by the vote of the Class B member. Section 3. Voti estrict'ons. Until Declarant owns ten percent (10~) or less of all of the Lots which are part of the Property, only the Class B member shall be entitled to vote on Association matters. After Declarant no longer owns ten percent (10~) of such Lots, all Class A members (including Class A memberships resulting from the conversion of the Class B membership) shall be entitled to vote on Association matters. ARTICLE VII COVENANT FOR ASSESSMENTS Section 1. Creation of Lien and Personal Obli ation of Assessments. The Declarant, for each Lot owned within the Property, and each Owner of any Lot by acceptance hereafter of a deed therefor, hereby covenants, and agrees to pay to the Association: (a) Annual assessments or charges (in such monthly or other installments as may be decided by the Directors of the Association); (b) Special assessments for capital improvements; and (c) Such assessments shall be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs of collection, and reasonable attorneys' fees incurred in collection shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the assessment fell due. Although the personal obligation for delinquent assessments shall not pass to an Owner's successors in title, all unpaid assessments shall constitute a continuing lien against the Lot until paid regardless of when the lien was created unless the new Owner obtained a certificate pursuant to Section 7 of this Article VII prior to taking title to said Lot. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, welfare, and economic well-being of the DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 11. residents of the Project and for the improvement, operation, and maintenance of the Common Areas and Common Facilities. Section 3. Maximum Annual Assessment. Until the first of January of the year immediately following the year in which the conveyance of the first Lot to an Owner occurs, the maximum annual assessment shall be $720.00 per Lot. The annual assessments shall be made payable on a monthly basis unless the Board of Directors of the Association elects to cause such assessments to payable on some other basis. Increases in the amount of the annual assessment shall be limited as follows: (a) Each year, beginning with the calendar year beginning on the first day of January of the year immediately following the year in which the conveyance of the first Lot to an Owner occurs, the maximum annual assessment may be increased by action of the Board of Directors of the Association without a vote of the membership, by an amount of not more than the greater of fifteen percent (15$) or an amount equal to the percentage of any increase in the Consumers Price Index for All Urban Areas during the prior year; (b) For the calendar year beginning January 1 immediately following the year in which the conveyance of the first Lot to an Owner occurs, or any subsequent year, the maximum annual assessment may be increased more than the above-described amount only by an affirmative vote of two-thirds (2/3) of the votes of that class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 4. St~ecial Assessments for Cabital Improvements. In addition to the annual assessments authorized above, the Association may levy in any calendar year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement upon the Common Areas, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two- thirds (2/3) of the votes of the class of members who are voting in person or by proxy at a meeting duly called for such purpose. Section 5. Notice and Ouorum for Authorized Action Written notice of any meeting called for the purpose of taking any action authorized under Sections 3(b) or 4 of this Article VII shall be sent to all members not less than ten (10) days, nor more than fifty (50) days, in advance of the meeting. At such meeting DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 12. the presence of members in person or by written proxy entitled to cast fifty-one percent (51$) of all the votes of the voting class of membership shall constitute a quorum. If the required quorum is not present, the meeting shall be adjourned and rescheduled for a time and place not less than five (5) days nor more than thirty (30) days subsequent. Written notice of the rescheduled meeting shall be mailed to all members not less than five (5) days in advance of the rescheduled meeting date. The required quorum at the subsequent meeting shall be satisfied by the presence in person or by written proxy of twenty-five percent (25$) of the voting class of membership. Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a unifor~a rate for all Lots; provided, however, that assessments for Lots which have not been improved with a unit shall be assessed at one-half (1/2) of the assessment for Lots which have been improved with a unit when such structure is either occupied or substantially completed. Section 7. Date of Commencement of Annual Assessments• Due Dates. The annual assessments provided for herein shall commence as to each Lot on the first day of the month following the initial conveyance of that Lot by Declarant to a purchaser. The first annual assessment shall be adjusted (pro rata) according to the number of complete months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment at least thirty (30) days in advance of each annual assessment period; provided, however, that in the event of an assessment proposed in excess of the authority of the Board of Directors, the amount of such assessment in excess of the Board's authority shall not be effective until membership approval. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Director. The Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Section 8. Effect of Nonbavment of Assessments• Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of eighteen percent (18$) per annum or at such other interest rate as may be established annually by the Board of Directors. Each assessment, when levied, shall automatically constitute a lien on and against the Lot to which the assessment pertains without any requirement of filing any documentation of such lien. Nonetheless, the Association may file an Affidavit of Lien evidencing such lien thirty (30) days after the due date of DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 13. the assessment. The priority of such lien shall relate back to the date the assessment was first due. The recordation of this Declaration shall constitute constructive notice of such priority date. The Association may bring an action at law against the Owner personally obligated to pay the same, or it may foreclose the assessment lien against the Property in the same manner as provided by law as to statutory mechanics and materialmen's liens. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Areas or by the abandonment of his or her Lot. Section 9. Subordination of the Lien to Deed of Trusts or Mortgaaes. The lien of the assessments provided for herein shall be subordinate to the lien of any prior deed of trust or mortgage against the Lot. The sale or transfer of any Lot shall not affect the assessment lien. ARTICLE VIII ARCHITECTURAL CONTROL Section 1. Architectural Control Committee. In order to protect the quality and value of all units built in the Project and for the continued protection of the Owners thereof, an Architectural Control Committee, consisting of two (2) or more members to be appointed by the Declarant is hereby established. At such time as the number of Lots owned by Declarant (including Lots in any Annexed Property) totals ten percent (l0~) or less of the total number of platted Lots, then the membership of the Architectural Control Committee shall be appointed by the Board of Directors of the Association, to succeed the prior committee membership upon such appointment. Section 2. Approval by Committee. No building, fence, wall, window awning, or other structure shall be commenced, erected, or maintained upon any Lot, the Common Areas, or other properties within the Project, nor shall any exterior addition to, or change or alteration therein be made, until the plans and specifications showing the nature, kind, shape, height, materials, location of the same, and such other details as the Architectural Control Committee may require (including but not limited to any electrical, heating, cooling, sewage, or waste disposal systems) shall have been submitted to and approved in writing by the Architectural Control Committee. In the event said Committee fails to approve or disapprove in writing such plans, specifications, and location within thirty (30) days after said plans and specifications have been submitted to it in such form as may be DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 14. required by the Committee, approval will not be re Article will be deemed to have been fully satisfied fired, and this Section 3. Rules and Recrulations. The Architectural Control Committee is hereby empowered to adopt rules to govern its procedures, including such rules as the Committee may deem appropriate and in keeping with the spirit of due process of law with regard to the right of concerned parties to be heard on any matter before the Committee. The Architectural Control Committee is further empowered to adopt such regulations with regard to matters subject to the Committee's approval, including matters of design, materials, and aesthetic interest, as it shall deem appropriate and consistent with this Declaration. Such rules, after adoption, shall be of the same force and effect as if set forth in full herein. Section 4. Fees. The Architectural Control Committee may establish, by its adopted rules, a fee schedule for an Architectural review fee to be paid by each Owner submitting plans and specifications to the Committee for approval. No submission for approval shall be considered complete until such fee has been paid. Such fee shall not exceed such reasonable amount as may be required to reimburse the Committee for the costs of professional review of submittals, and in any event shall not exceed the sum of $200.00 per submittal. Section 5. Certification by Secretary. The records of the Secretary of the Association shall be conclusive evidence as to all matters shown by such records and the issuance of a certificate of approval, completion, or compliance by the Secretary of the Association showing that the plans and specifications for the improvement or other matters therein provided for have been approved and/or that said improvements have been made in accordance therewith shall be conclusive evidence that shall fully justify and protect any title company certifying, guaranteeing, or insuring title to said property, or any portion thereof or-any lien thereon and/or any interest therein as to any matters referred to in said certificate, and shall fully protect any purchaser or encumbrancer from any related action or suit under this Declaration. ARTICLE IX ENFORCEMENT Section 1. Persons Entitled to Enforce. The provisions of this Declaration may be enforced by any of the following persons or entities in accordance with the procedures outlined herein: DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 15. (a) The Association; (b) The Declarant; (c) The Owner or Owners of any Lot adversely affected, but only after demand made upon the Association and its failure to act, except that no such Owner shall have the right to enforce independently of the Association any unpaid assessment or lien herein. Section 2. Methods of Enforcement. Subject to the provisions of Section 3 of this Article, the following methods of enforcement may be utilized: (a) Legal or equitable action for damages, injunction, abatement, specific performance, rescission, or cancellation of any contractsoofran executory nature; and/or (b) Monetary penalties and temporary suspension from Association membership rights and privileges, in accordance with the Bylaws of the Association, provided that, except for late charges, interest, and other penalties for failure to pay as due the assessments levied by the Association as provided in this Declaration, no discipline or sanction shall be effective against a member unless: (i) The member is given fifteen (15) days written notice of the proposed disciplinary action and a timely opportunity to be heard on the matter. The opportunity to be heard may, at the election of such member, be oral or in writing. The notice shall be given personally to such member or sent by first-class or registered mail to the last address of such member as shown on the records of the Association, and shall state the place, date, and time of the hearing, which shall not be less than fifteen (15) days before the effective date of the proposed penalty, termination, or suspension; (ii) The hearing shall be conducted by a committee composed of not less than three (3) persons, appointed by the President of the Association, which shall conduct the hearing in good faith and in a fair and reasonable manner and shall not reach a decision regarding discipline until the conclusion of the meeting; and DECLARATION OF COOENANT3, CONDITIONS, AND RE3TRICTION3 - 16. (iii) Any member challenging the disciplinary measures taken by the Board, including any claim alleging defective notice, must commence Court action within one (1) year after the date of the contested disciplinary measure taken by the Board. Section 3. Limitation on Enforcement. All methods of enforcement and discipline authorized by this Declaration are limited as follows: (a) The Association may not cause a forfeiture or abridgement of an Owner's right to the full use and enjoyment of his or her Lot on account of the failure of the Owner to comply with the provisions of this Declaration except by judgment of a Court or a decision arising out of arbitration or on account of a foreclosure for failure of the Owner to pay annual or special assessments duly levied by the Association; and (b) A monetary penalty imposed by the Association as a disciplinary measure for failure of a member to comply with the provisions of this Declaration or as a means of reimbursing the Association for costs incurred by the Association in the repair of damage to the Common Areas for which the member was allegedly responsible, or in bringing the member and his or her Lot into compliance with this Declaration, may be treated as an assessment which may become a lien against the members' Lot, enforceable by a sale of the interest. This provision applies to charges imposed against an Owner consisting of reasonable late payment penalties for delinquent assessments and for charges to reimburse the Association for the loss of interest and for costs reasonably incurred (including attorneys' fees) in its efforts to collect delinquent assessments. Section 4. Fees and Costs. The Association, or any person entitled to enforce any of the terms hereof by any of the means contained herein, who obtains a decree from any Court or arbitrator enforcing any of the provisions hereof, shall be entitled to reasonable attorneys' fees and all costs incurred or anticipated to be incurred in remedying or abating the offensive condition as a part of his, her, or its judgment or decree against the party in violation hereof. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 1~, Section 5. Non-Liabilit for Enforcement or for Non- Enforcement. Neither the Architectural Control Committee nor the Association shall be liable- to any person under any of these covenants for failure to enforce any of them, for personal injury, loss of life, damage to property, economic detriment, or for any other loss caused either by their enforcement or non-enforcement. Failure to enforce any of the covenants contained herein shall in no event be deemed a waiver of the right to do so thereafter. ARTICLE X PARTY WALLS Section 1. Planned Party Walls. It is anticipated that the Declarant or its successors or assigns shall construct multiple commercial units located upon the property. It is the Declarants intention to create, in favor of each purchaser of such a unit, an easement covering party walls being placed on the Lot lines separating the Lots upon which the separate units are to be constructed. Section 2. Party Walls Declared. The dividing walls between the units are hereby declared to be party walls between the adjoining units erected on said premises. Section 3. Maintenance. The cost of maintaining each party wall shall be born equally by the owners on either side of said party wall. Section 4. Repair. In the event of damage to or destruction of, said party wall from any cause, other than the negligence of either party thereto, the then Owners shall, at joint expense, repair or rebuild said wall, and each party, his or her successors and assigns, shall have the right to the full use of said wall so repaired or rebuilt. If either party~s negligence shall cause damage to or destruction of said wall, such negligent party shall bear the entire cost of repair or reconstruction. If either party shall neglect or refuse to pay his or her share, or all of such cost in case of negligence, the other party may have such wall repaired or restored and shall be entitled to have a mechanics lien on the premises of the party so failing to pay, for the amount of such defaulting party~s share of the repair or replacement costs. Section 5. Party Wall Access Restricted. No lot owner shall break through the party wall for any reason. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - lg. Section 6. Alteration Prohibitted. Neither party shall alter or change said party walls in any manner, interior decoration excepted, and said party wall shall always remain in the same location as when erected, and each party to said common or division wall shall have a perpetual easement in that part of the premises of the other on which said party wall is located for party wall purposes. ARTICLE XI CONDEMNATION OF COMMON AREAS Section 1. Conseauences of Condemnation. If at any time or times, all or any part of the Common Areas shall be taken or condemned by any public authority or sold or otherwise disposed of in lieu of or in avoidance thereof, the following provisions shall apply. Section 2. Proceeds. All compensation, damages, or other proceeds therefrom, the sum of which is hereinafter called the "Condemnation Award," shall be payable to the Association. Section 3. Apportionment. The Condemnation Award shall be apportioned among the Owners equally on a per-lot basis. The Association shall, as soon as practicable, determine the share of the Condemnation Award to which each Owner is entitled. Such shares shall be accounted for in separate shares, one share for each Lot. Each such share shall remain in the name of the Association, and shall be further identified by Lot number and the name of the Owner thereof. From each separate share, the Association, as attorney-in-fact, shall use and disburse the total amount of such share, without contribution from one share to any other, first to Mortgagees and other lienors (including the Association) in the order of priority of their Mortgages and other liens, and the balance remaining to each respective Owner. The Association may hold said shares either in separate accounts or in a single account as the Board of Directors may determine. ARTICLE XII GENERAL PROVISIONS Section 1. Severability. The invalidation of any one of these covenants or restrictions by judgment or court order shall not affect any other provisions hereof, which shall remain in full force and effect to the maximum extent possible. DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 19. Section 2. Term; Extension. The covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years unless a document terminating the covenants and restrictions of this Declaration, signed by seventy-five percent (75$) of all Owners, duly acknowledged as to each executing Owner, is recorded in the official records of Ada County, Idaho. Section 3. Amendment. This Declaration may be amended during the first twenty (20) year period by an instrument signed and acknowledged by the Owners of not less than ninety percent (90$) of the Lots subject to this Declaration and thereafter by an instrument signed and acknowledged by the Owners of not less than seventy-five percent (75$) of the Lots subject to this Declaration. Section 4. Conveyance of Common Areas. The Common Areas shall be conveyed by Declarant to the Association on or before the tenth (10th) day after conveyance of the first Lot in the Project. Until the Common Areas have been conveyed to the Association, Declarant shall be solely responsible for the maintenance and management thereof and for all costs and expenses arising therefrom. IN WITNESS WHEREOF, the undersigned, being the President of the Declarant herein, has hereunto set its hand and seal this day of 2000. SWCR, INC., Declarant By TAMI L. TAYLOR, President DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 20. STATE OF IDAHO ) ss. County of Ada ) On this day of , 2000, before me a notary public in and for said state, personall a y ppeared TAMI L.TAYLOR known or identified to me to be the President of SWCR, Inc., the corporation that executed the within instrument, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at , Idaho My commission expires: RP~ISZ41516A'Oi.P03 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS - 21.