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DA for Walmart MDA 13-009ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 18 BOISE IDAHO O61D6t13 11:43 AM RECORDEDIC REQUEST OF ll ~ ~ I II I II II I II I If I I ll I II II I I I' ll I'll Meridian City 11.~E~F,~~~#94 AMENDED AND RESTATED DEVELOPMENT AGREEMENT PARTIES. 1. City of Meridian 2. Wal-Mart Real Estate Business Tntst, and Wal.-Mart TRS, LLC, collectively, Owner/Developer THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this ~ day of ~ uh , 2013, by and between City of Meridian, a municipal corporation of the State of Idaho ("City"), and Wal-Mart Real Estate Business Tnlst and Wal-Mart TRS, LLC (collectively, "Owner/Developer"). RECITALS A. On September 17, 2007, the City and Jatnes Prather, the original owner/ developer, entered into that certain Development Agreement, recorded on September 20, 200'7 as Instrtment No. 107131.597; as amended by First Amendment to Development Agreement recorded on January 20, 2010 as Instrument No. 110005407, official records of Ada County, Idaho (collectively, the "Original Development Agreement") an real property mare particularly described in the Original Development Agreement. B. On December 6, 2011, the City and Owner/Developer entered into that certain Amended and Restated Developtnent Agreement, recorded on December 7, 2011 as Instrument No. 111099fi22, official records of Ada County, Idalia (the "Amended and Restated Development Agreement") on real property more particularly described in the Amended and Restated Developtnent Agreement. C. The Amended and Restated Development Agreement superseded the Original Development Agreement for the subject property. This Agreement shall supersede the Amended and Restated Development Agreement. Upon recordation of this Agreement, the Amended and Restated Development Agreement shall be null and void and of no further force or effect for the subject property only. D. Owner/Developer is currently the sole owner, in law and/or equity, of that certain tract of .land in the County of Ada, State of Naha, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the Property. The legal description of the Property attached as Exhibit A was prepared pursuant to a property boundary adjustment approved. by City (PBA-12-003) and. recorded on May 11, 2012 as Instrument No. 112044809, official records of Ada County, Idaho. E. LC. ~ fi7-fi511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property. F. Owner/Developer's predecessor in interest submitted an application for annexation wal .'Mart Overland Stoddard MDA-L3-009 aad zoning of the Property, requesting a designation of C-G (General Retail and Service Commercial District) under the UDC. ~; City has exercised its statutory authority by the enactment of Secflon 1 i-5B-3 of the Unified Development Code ("UDC"),which authorizes development agreements upon the annexation 2nd/or re-zoning of land. I~: Owner/Developerrnade representations at the public hearing before the i1!Ieridian City Council, as to how the subject Property will Ge developed. I. City Council, the 4a' day of October, 2011, the 1Vleridian City Council approved certain Findings of Facrand Conclusions of Law and Decision and Order "'k~ridings"), which have been incorporated into this Agreement. ]. Qwn@r/Developer submitted an application for modification of the Amended and Restated Development Agreement only to the ezfent that an eight-foot precast concrete fence would be installed as close as practicable to the existing Bear Creek Subdivision fence along the southern boundary of the Property. (the "Concrete >rence"). Tlie Conceptual Landscape Plan attached hereto as Exhibit C and made apart hereof reflects the Concrete Feace near the southern boundary of the K. The construction of improvements on thn Property is underway at the timebF this Agreement, bue to time consu'aints involved in ordering anti constructing the Concrete Peace, Owner/Aeveloperaud City agree that a temporary certifrcate of occupancy will be issued by City to allow the occupancy and pemutted use of ffie Property for a temporary period prior to completion of installation of the Concrete Pence. L. Owner/Developer deems it to be in its best interest to be able to eneer into this Agreement and acknowledges that this Agreement was entered into voluntarily and. at its urging and request. M. City requires the Owner/Developer to enter inro a development agreement fox the purpose of ensuring that Ute Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement. NOW, '%'IIEREFORE, in consideration of the covenonts and conditions set forth herein, the parties agrce as follows: 1. INCORPORA7CYON OF RECTI'AI,S: That the above recitais_ tu'e contractual and binding and aze incorporated herein as if set forth in full. 2: DEFINITIONS: For all purposes of this Agrcement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided foc, unless the clear context of the pirsentation of the same requires otherwise: 2.1 CITX: means and refers to the City of 1Vleridian, a party to his Agreement, which is a municipal Corporation and goveaunent subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 Bast Bioadway Avenue, Meridian, Idaho 83642. x war-Mutt OvCrlund Stoddtvd MAA-13-009 2.2®WNER/DEVEl:,OPEXt: means and refers to Wal-Mart Real1~state )3osiness Trust and Wal-Mart TRS, LI.C, whose addresses collectively are 2001 S.E.10'" Street, Bentonville, Arkansas 7271 b, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 2.3 $ROPElt'1`Y: means and refers to that certain parcel(s) of Property located in the Cougty of Ada, City of Meridian as described in Exhibit A'attached hereto and by this reference incorporated herein as if set forth at length. 3. USES PERMITTED BY THIS AGREEMENT: This Agreement shalt vest the right to ..develop the Property in accordance with the terms and conditions of this Agreement. 3.1 The uses allowed pursuant to this Agreementare only Htose uses allowed in the eppxoved GG zone under the UDC, except those prohibited below in Section 4.1,9. 3.2 A conditional use permit for adrive-through pharmacy as approved by the Meridian Planning & Zoning Commission on September 1, 2011 is x~cognized as a conditional use on the Property, 3.3 No change in the uses specified inthis Agreement shall be allowed without modification of this Agreement. 4. CONDITIONS GOVERNllVG DE'VX';I.OPMEN7C OF SUBJECTPROPE][LT'Y; 4.1 pwner/Developershell develop the Property in accordance with The following special conditions: 1. All future uses'shall not involve uses, activifles, processes, materials, equipment and conditions of operation that will be detrimental to any persons, prgperty or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. '2. (~Il t'uhure development of the Property sha4 comply with City of Meridian ordinances in effect at the time of development. 3. The Owner/Developer shall be responsible for all costs associated with sewer and water service insfalladon. r~. The public stub street (Alaska Street) in,Bear Creek Subdivision along the soutlt property boundary shall not be ektended as a public ornon-public street hxto the Property,'At no time shall consUiction trafficassocinted with the development of the Property be allowed to access this Property using Alaska Street:.,.. Sr .Access points to/from the site are limited to those shown on the concephud development plan attached hereto as Exhibit B and by this reference incorporated iterein, unless othettivise restricted/approved by ACl-Ip. Wal-Marc Overland Stoddard MDA-l3-009 ~: 7. side of the poperty, connecting to the pathway on the ICON Cir:dit Union site to Overland road. $oUatds shall be placed at the entrance of the pathway where Alaska Sweet temunates to prohibit vehicular access taehe pathway. Prior to issuance of the Certificate of Ocpupancy foi the largest building pad, construct amult-use pathway from the south boundary within the street buffer adjacent to S, Stoddard l7oad along the west side of the property to the Overland/Stoddard intersection. In the interim of the pathway along the east b©undary being constructed, a pedestrian connection shall be provided from Alaska Sneet at the south boundary to the W al-Mart site and Overland Road as shown on the conceptual development plan with development. of the largest btulding pad; a landscape buffer shall be iitstalled along the southern boundary with berming as shown on the conceptual landscape plan in Exhibit C- A public pedestrian easement shall be recorded for the portions of the pathways that fie outside of the right-of-way on the subject property; a copy of said easemenk shall be Submitted to the Planning Department with the related Prior to issuance of the first Certificate of pccupancy for either of the two properties along the east boundary, construct a inulfi-use pathway from the. sidewalk on the stub street at the south-boundary (Alaska Street) along the east. 10 are t to Article 17 of thi. eloper shall be respo ~iior to all 8, 9. The fi rstructthe.multi-use pathways in unction with the Parks Department's .wed to be 8 feat in width, instead of )crosses drive aisles, the pathway(s) 'aces through the use of pavers, changes to these requirements cart to obtain a Certificate of Zoning ve design review ih accordance mid the guidelines listed in the City v construction on the Property. tpment of this Property shall be generally consistent with the conceptual pment plrirr (attached as Exhiblt )8). The largest building proposed on .shall not exceed 170,000 square feetand shop have horizontal banding 1'erent color and/or material on the side and reaz elevations of the ~. Future development of the outlots depicted on the conceptual pment plan shall be in accordance with the UDC applicable at the time t development. (lowing uses shall be prohibited along the southern half of this site: fuel Icility; building material, garden equipment & supplies; and vehicle Iq. Conshuct a 2S,foot wide landscape buffet along Overland f{oad in accordance with the standards ht UDC 11-3B-7. Wal-Mart Overland Sluddarcl MDA-13-009 ~ 7.1, Constntet a 20-foot wide landscape buffer along Stoddard Road in accordance with the standards in UDC 11-3B-7. X12, ,13„ lil. Upon satisfaction number 1.3 imme< completion of insalllatioa of the Concrete Fence, Owner/Devt complete installaeion of the Concrete Pence within ninety (90) of the temooearv certificate of occuoaacv. ' of issuance '15, The Owner/Developer shall comply with a111andscaping standards described in UDC 1 I-3B, including bill not limited to, UDC 113B-8 which outlines the standards for parking7ot landscaping. 'l fi, Owner/Developer shall be msponsible [o install sheet lighting along the project's frontage on W, Overland Road and S. Stoddard Road ip accord with theCity's Improvement Standards, prior to occupancy of the first building on the site. 17. Owner/Developer shall record an easetnetat granling,cross•access to the ICON Credit Umon property at the noktheast corner of the site (parcel #R7288000004).', Acpy of said easement shall be submitted with the first Certificate of Zoning Compliance application for this site. $, Overnight recreational vehicle parking/camping on the site isprohibited. 5, p~FAULTICONSENT TO A);-ANNEXATION AND REVERSAL OP' ZONING DESIGNA,TdON: 5.I Acts of 1Default. Eitltee party's failure to faithfgAy comply with all of the terms and Jcondtions iAcluded in this Agreement shall constitute default under this Agreement: 5:2 Notice and Cure Period. In the event of Owner/Developet's default of this Agreement, Owner/Developershcll have thpty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the defatdt, which action most be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be creed within such one hundred eighty (180) day period, then lire time allowed to cure sneh failure may be extended for such period as may tie ;nts (other than y certificate of Properryprior to y Wal-Nla¢OverlandStoddardMDA-13-009 ~- At least 4 60-foot wide separation is required along the southern Property bountltuy. Within staid 60 feet a 25•foot wide landscape buffer shall be constucted at the south property Ih~e, then a drive aisle. Landscape. buffers shall be designed!and constructed in accordance with UDC 11-3B-9. necessary to complete the curing of the same with diligence and continuity. upon 47tys corr applicable provi reserves all nigh enforceable in U Owner/Develop pvties hereto, 1 equity to secure and obligations event of default by Owner/Developer that is not cured after notice ition 5.2, Owner/Aeveloper shall be deemed to have consented to s Agreement and de-annexation and reversal of the zornng tbed herein, solely against the offending portion of Property: and anee'with all applicable laws, ordinances and rules, including any ms oFidaho Code $§ 67-6509 and 67-6511, Owner/Developer p contest whether a defatdt has occurred. This Agreement shall be Fourth Judicial District Cotut ]n Ada County by either City or or by any successor or successors itt title orby the assigns of the orcetnent play be sought by an appropriate action at law or in ;specific performance of the covenants,'agreements, conditions, ,.~,..ea ~e.e:. 5.4TBelay. !n the event the performance of any covenant to be performed hereunder by either Owner/1Developer or City is delayed for causes that are beyond the reasonable conrinl of the party responsible for such performance, which shall include, without lilmitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 5,5 Waiver, A waiver by City of any default by Owner/Developer of anyone or more of ..the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any otherrights orremedies of City nor apply to arty subsequent default of any such or other covenants and conditions. 6. liEQUIItE1Vi1uNT FOR RECORA:9T~COlV: City shall record either a memorandum of this Agreement or this Agreement, including all of the $xhibits, at Owner's/Developer'stost, and subimt proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zgtnng Ordinance in connection widt the adoption of this Agreement by the CityCouncil. 7. SU~ETI' OF PERFORMANCE: The City may also requh~e surety bonds, irrevocable lettErs of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owuer/peveloperegrees to provide, if required by the City. 8. CERTI`:k~YCA.TE OF OCCUk'ANC'Y: The Owner/Developer agrees that no Certificates of Occupancy will be issued for any building site or parcel anti! all improvements thereto, required under this Agreeinenthave been installed, complefed, and accepted by the City. The Owner/Developer may develop each parcel or building site as a separate phase or in phases. 9. ABII)~ ~A' ALL C1 TY OREDINrt, Pla;ES; That Owner/laeveloper agrees to abide by all ordinances of the City oflvleridian unless otheewise provided by this Agreement. l0. NOTACI"S: Any notice desired. by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, ietumreceipt requested, addressed as follows: Wql-IvtartOvcrlgnd Stoddard MpA-13-OOA czTx: orviv~i~~v~toP~~: City Clerk Wal-MatK kteal Estate $rrsiness Trust City of Meridian Wa1-Mart TRS, LLC 33 E. $roadway Ave. Sam M. Walton Development Compl Meridian, ID 83642 2001. S.S. 10th Street, Mait Stop 5571 13entonvilIe, Arkansas 72716-5570 with a copy to: City Attorney City of llReridian 33 E: Broadway Avenue, Suite 308 Meridian, ID 83642 A patty shall have the right to ehattge its address by delivering to die other party a written notification. thereof in accordance with the xequirements of this section. 11. .ATTORNEY FEES: Should slty litigation be commenced between the parties hereto concerning this Agreement, the prevailing patty shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. Tltis provision shall be deemed to be a separate coirtract between Ute parties and shall survive any default, termination or forfeitnre of this Agreement. 12. TIME IS OF TAE ESSENCE; The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term; conditioa and provision hereof, and that Ure failure to timely perform any of the obligations hereunder shall constitute a breach of and a default render this Agreement by the other party so failing to perform. 13, BINDING UP01V SUCC benefit of Ute parties' respective heir: City's corporate authorities aitd their Owner/Developer of the Property, et in the Property. Nothing herein shall portions titeteof, except that any sale successor owner or owners shall be t herein expressed: City agrees, upon that This Agreenaept shall be binding upon and inure to the ors, assigns and personal representatives,including is in office: This Agreement shalt be binding on the quent owner and any other person acquiring an interest gay prevent sale or alienafloa of the Property, oz lion shall be subject to the provisioas hereof and any fated and bpund by the conditions and restrictions :quest of Owner/Aeveloper, to execute appropriate and reement if City, u its sole and reasonable discretion; :rformed its obligations under this Agreement. l4. IAUTY TO ACT REASONABLY': Unie~s otherwise expressly provided, each parry shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 15. COOPERATION OF Tiilw ]PA}ZT1~S: In the event of any legal or equitable action or other proceeding instituted by any third parties (including a governmedtal entity or,official) challenging the validity of any provisiog bf this Agreement, the parties hereby agree to cooperate in defending such action az proceedings. Wul-Matt Overloud Stoddwd MDA-l3-0a9 ] 6. INNV"AL~ 1'ItOV7SION: IF any provision of this Agreement is held not valid by a coral of competent jruisdiction, such provisionshall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any pf the other provisions contained herein: ] 7. FIlVAL AGREEMIi±Nx: This Agreement sets forth all promises, irtducemepts, agreements, Condition and understandings between Owner/DeVeloper and City relative to the subject matter hereof, and thole. az~ no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as ate stated herein. AU lrxhibits referenced herein ate incorporated in this Agreement as if sct forth in full including all text information in lira pvthibits: Except as herein otherwise provided, no subsequent alteration, amendment, change or addition tb this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and piusnant, with, respect to City; to a duly adopted ordinance or resolution of City, 17:1 No condition governing the uses and/or eondiflons governing re-zotring of the subject Property herein provided for can be modified or amended without the approval of the City Council after the•City has conducted public hearing(s) in accordance with the notice provisions provided 4or a zbniag designation and/or amendment in force at'dte time of the proposed amendment: 18. I;FFECT%VE RATE OF A.GREEMEN'~; This Agreemenbshall be effective as bf the date this fully executed and notarized Agreement is recorded in the real property records of Ada County, Idaho. wal-Mar[ Overland StoddaRl MDA-13-009 IN WITNESS WHEREOF, the parties have herein executed this Amended and Restated Development Agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: VVal-Mart Real Estate Statutory Trxl~j ~' B y: ~`' Its: ~~ , . . Trust, a Delaware CITY OF MERIDIAN: A r~ j9 W 0~4o~,r~~,~ ~~ ~.~ i'CitS'of Wal-Mart TRS, LLC a Delaware limited liability company By: Wal-M eal Estate B sines Trust, a Dela~y~re t~t~tory T i~t, its Sole 1Vlember B~ ItS: STATE 0~ ) ~ ) ss. County of ~ ) Clerk ~ '~R„o"" `~ SEAL r~s ~~~ c~rje ipYA6Up~y C On this -, day of 013_, before me, the undersigned, a Notary Public in and r s,~id,State, p sonally a ared ~.. ,known or identified to me to be the ~ ~ "~' ~ ~ ,~ _,; ~,~f Wal-Mart Real Estate Business Trust, who executed the instrumen on behalf of Wal-Mart Real Estate Business Trust, and acknowledged to me that such Trust executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .``~~~~~PNE BENN'/''~ c~j. :~ _"'-~' ~.• .~(/6~1G ~~ ~,~~N, ARKAN~P //Idi~114l90~t~ Not ry Public for G~K i~f ' ~r " Resi ing at ~' ~ `' l.l.,a~ ~ h My commission expires: 1- 3D -°~~~.~ ~. Wal-i~4art Overland Stoddard MDA-13-009 STATE OF ~,~ ~ _ ) ss. County of ~ ) On this ~;~ day of ~' ' ' , 213, before me, the undersigned, a Notary Public in and for said State, personally ap ared ~~ '.~,., ~~_ ''~" ~ ~,~f , t~, ~ C .•~ ~' ~ WaI-M TRS, LLC, a Delaware limited liability mpany, known or identified~Cc~ me to be the ~ , ~'~ _ ^'` -of Wal-Mart TRS, LLC, the limited liability company that executed the i ~trument, or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNE~y~~-~ibi~EOF, I have hereunto set my hand and affixed my official seal the day and year i~~~~~st above written. ~~° ~pTARy ~'. _,®. a° nn ~ p~4~N, AR~~,s~`~' ~~~~~unnti~~,+~ ~ ~ ,, ~ ,. M ; Not' Public for Residing at ': ~- / - ~ ~? , . My commission expires: ~a chi STATE OF IDAHO ss. County of Ada ) r~ On this ~ day of ~.J ~Q _ _, 2013, before me, the tmdersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~,y ,1.~ ~~• ~ ~ Notary Public f r Idaho • 1 ~ ~ ; ~ Residing at ~,t ~~~,~~~ ~~ ~ ' ' ~ , i ~`. ~ ..~ ~~i~~~f• 10 Wal-Mart Overland Stoddard MDA-13-009 fl'A Mepldlan j5) Stote -Parcel 9 A peroel bslgg a portion of the NW Y. Of I40 NE Y. ol8ecllon 24, Tawnshlp 3 Norlh, Range 1 West, f3olse Medtllen, Ada Gohnly;ltlaho, and more padlcula(ly descil4dd es follows. Commencing al a braes rap monumaat madtln9lha nOrthwesF comer of Bald NW'/, of ihe.NE Y.; from which a 516 Inch diameter Iran bin marking the eodlhvioet comer of sold NW '/, of the NE Y bears S 9°51'13°Wddlolehce of 7317:47 feel; Thaaoa s 0°STia° W along the westerly boundary of saltl NW Y, of the NE Y. a dlslance ote7.97 fool tc a pefnF ' 7hahca IaaNdg sold wavtoilyy bcuedary 5 BB°OB'4T E e tllstence of 90,00 feet to a 9/B Inch tliamelaf Iron pld aadlhe POINT OF 9EOINNING; Thahce N 47°-01'54" E e dlslance of 29.80 feet to a B1B Inch dlamelerlron pin an the scalbady righhbF Way of W, Ovadand Rd.;, Thence 5 8B°4T1T E along sold soulhady dehl-oFway belnA 48.00 feel southerly df and parallel to the hortheily houndary ofBald NW'h of the NE Ya a dlsladce of 818:88 feet toe 6181ech tllcmelerirod aln; Thence leaving said soulhedy dghGof-way 5 0°12'44' W a dlslance of 186.74 feel to a 5/e Inch dlameler Iron Pln; Thence 8 88°4717° E a dlslance of 490.19 feet fo a SIB Inch dlameler Iron pin on the easledy boundary of sold NW Y. oFthe NE Y,; Thence Sb°44'19" W alopg seltl eeeletly boundary a distance aP 44.97 feek to a 518 Inch tllempler Iron Pih~ Thehae leaving saltl easterly hodntlery N 89°4718" W a dlslance of 228.72 feel to a 5/B Inch tliemeler: Iron pia; Thence 50°12'42" W a dlslance of 398.74 feel to a 6l8 lnoh dlameler Iron pin; The0d0 980°4T18° E e dlslance of225.OB Fapt to a 9/B Inch dlameler Iron pin on the eeatedy boundary of saki fQW'/. of the NE'/.; Thences 0°44'75^ W elonA seltl east9rty boundary o alstenoe of ea.5q feet to a 5151nch dlamelerlron pia on the aodhedy boundary of Bear preak Sdbdlvislon No. 2 as shown In Book B3 of Plats on Page 8185, reCbme ofAtle Codaty,idehc( ThpOCe N 89°4777° W along Bald nodhedy boontlary and U10 prolohgatian thereoFa dl5tanrs of 1280.80 feet to a 5!q Inch dlamelerlron pin; Thence N 0°61'13" E along a line ha1rlA 90.00 feel aestedy of and parellel to the weslerry boundary of sold NW Y, of the NE Y.;a olslanoe of 685.51 feel ro the POINT OF BEGINNING; This pafdel cogldlasl8sq acres and le subJeG to any easembnls existing or In use Leoal Glee 'an Meddlan ]~) Store'= parcel 2 A parcel befn0 a portion oilhe NW Y. ofihe NE Y, 6f Sapllorl 24; 7owpsfilp s North; teangel Wesl, Boise Mendlan, Ada County, Itleho, end more pa Nculadydaecrlbad a$ Pallows; Commencing at a 5/e Inch dlameler Iron pin marking the narlheasl comer of saki NW Y of the NE Y,, from which a 6reae aap monument merkln0 Ne nonhweal comer of saki NWY+ of the NEY.bears N59°4747 Watllslance oP1300.33 }eat; Thence S 0°44'15' W along the easterly bountlaryol aala NW'/. oftha NE % a tllstence o148.0g feel to a pplnt5181nch. dlameler Ironpirl on the southerly dghl-of-way oFOVenand Road; Thence N 5B°0.7Ny° W aWng geld eoathedy dgh4oFwey a tllstence 01219.15 feel to a 9181nch tllameter Iran pin antlihe POINT OP BEGINNING, " Thence leaving saki soylhedy d9hl-ot-way 6 o°44N5' W s tllstence of 19&74 fe91 fo a 515 Inch tllameter iron plnj Thence N 39.4T17° W a tlislenaa of 219.91 teal to a 5/5 9wh dlameler Iron pin; Thence N 092'44" E e dlstanae of 195.74 feet to a 513 Inch dlameler Iron pin on the southaAy dghlmf- way of OVedahd Road; Thence S B8°4T17° E e tlialenrs 01221:73 feel to the POINT OF ®EOINNING; Th4a parcelcoplains 1.01 acres and Is sublecl to any eesamenla existing or Inpse, J,~r I~g~~~an Meridian ~S) seore - ParI:eF3 A parcel being a portion oFlhe NW'/, of II19 NE Y. ci 5eailon 24, Township 3 Nodh, Range 1 Wasl, Boise Meridian, Ade County, Idaho, and more pertlculady described as follows: ComrnanCing a4 a 518 inch dlameler Imn pin marking the northeast corner of saltl NW'/, of the NE'/., from whicha .bless oap monument marking the nOdhwesl corner of said NW'/,of the NE /beers N 50°4717"Watllstance of 1308.33 feet 7heece s a°44'15^ W alarg the easledy poundery ofsattl NW % of the NE % a distance of 289.25 feet to a p01n15/B InCp 511amaler iron pin and the POINT OF BEGINNING; 'Thence continuing along saitl easledy boundary S 0°44'15".W a distance of 798:13 feel to a Sl8 Inch diameter Iron pin; Thence leevln9 sold easledy bountlery N.89°4718" W a distance of 226.92 feet io e~5/81nch dlameler .Iron Pin; Thence N g°42'4T E e distance of 198.92 feel to a 5/e lhbh dlameler Iron pin: Thence S 88°4798" E a distance of 228.72 feel tdihe POINT OF t3EGINNING, This parcel can9alns 1.03 acres and Is subject to any easements existing or In us®. L~a[.R Meridian ~S} Store -Parcel 4 A parcel help0 a podion Of the NW Y, of the NE Y. of SeUIOn 24, Tgwnshlp 3 NoNi, Range 1 West, Boise Merldien, Atld County, Idaho, ahd more pediculerly tlescrf6etl as follows: Commendn9 al a 5/8 inch diameleriron pin marking IDe nodheast ogmgrqfseld NW ^'/.Of1ha NE'k, from whldh aBraas cap monumenllmarklhgthe nodhwest come(of saltl NW Y, of IheNE '/. bears N 89°4T17" W e dlslance of 1309.33feeY, thence S D°44'15°. W along the easledy boundary ofsald NW Y. of Ihe.NE % a dlslance of 487.38 feel to e point 9/8 inch diameter iron pin and the P9INTOF BE~INNIN6; Thence conbnldng along saki easterly boundary 5 0°-041$". W a tlls[ance of 202,62 leaf to a 5!e InOh diameter Iron pin; ThenGaleeNng said easterly boundary N 89°4718" W 4 dlslance of 225.D6 Peel to a $/8 inch tliemeler irgdpln; Thence N 0°12'42' E a distance of 202.89 feel to a 5/B Inch tliemeler Ironpln; Thence 5 89°4718" E a tlislence or 228.82 [eel to fhe POINT OP pEGINNING; This pamal godlalna 9.05 acres and Is subject to any easements exlsling or N use. L-:G1i~tl~n Meridlad~SJ Store M Pareel5 A parcel being a portion of the NWY. otiha NE Y° of 9ectlon 24, 7own5hlp s Ncdh, Range 1 West, 6olse Madtllen, Ada Caudly;Idaho, end morepeNculedy desaibed es Follows:' Commdnclag ate braes cep monuPidnl ma0ring lhe.nodhwest comer of SaIdNW Y of the NR Y, from whloh d fi/8 Inch tlleinelef Iron pin merklhg the adelhwesl comer o(sald NW Y, df the NE Y. bears S 0°51'13" W a dlsla0ce of 1317.47.feet; Thence 9 0°8113° W along the wesledyhoundery of Bald N W Y, of the NE Y, a dlsleilca of B7.B7 feel to e polhit.. Thehca IBaving said Wesledy bouhdery 5 8B°08'47" E a tllslance oF30.00 feet to a 5/B Inch dlemeter iron Pln; Thence S 0°51'93' W elonB the eestedyrph4ofwsy of 9toddaM Roed a distance Rf fi20.B4 fe6[ to a 51B Inch tllameter Trod pin and Ole pDIN7 of BEGINNING; Thegca oonllnuing 8 0°67'13" W.along a IInB belnB 30.00 feet esslerly of end parallel to the westerly boundary afsald NW Y. of the NE•/.,.edlstance of 104;07 feet toe6l5 Mch dlematerlrari. pin; Thence N 89°4111 W a tllsience of 5.00 feat to a 5/tl Inch dlemeter Imn pin on lhs eesledy rlghl-ef--way of SfadtleN Raed; Thence N 0°51'19" € along said esslerly right-nf--way B dlslence oF154.B7 feel toe 5/B Inch dlemeter iron pin: Thence wn161uing along eaN eesledy rghl•of-way 3 89°4717" E e distance of 5,9h feello the POINT OF BEGINNING; This parcel cornelns 9.02 acres and Is subjac[to any eesemenls exlsling or In use, 1 a ~ ~ ~~~~6~ ~~ I ~ II~~ C ®a ~~ ~~ ~~ ~~ ~~ E7QIIBiTB Come~dl al development plan m U,J ~~ Mu BXHIBIT B . I ~. IUD -~ ._. r .~~