HomeMy WebLinkAboutGolden View Dev Ag CC draftRecording requested by:
City of Caldwell
Planning and Zoning Dept.
P.O. Box 1179
Caldwell, Idaho 83606
________________________________________________________________________
For Recording Purposes Do
Not Write Above This Line
Amended Development Agreement
ZON-64-08 & SUB/PUD-198P-08
This Amended Development Agreement made and entered into this ___ day of , 2009, by and between the City of Caldwell, a municipal corporation in the State of Idaho (“City”), by and
through its Mayor, and L-209-1 ID Houston, LLC, a Washington limited liability company (“Owner”) and Projects West, Inc., a Washington corporation (“Applicant/Developer”).
WHEREAS, the Owner is the owner of record of certain real estate (the “Property”) and hereby authorizes Applicant/Developer to enter into this Amended Development Agreement with respect
to said Property located in the City and more particularly described as follows:
See Exhibit “A”, a legal description, attached hereto and incorporated herein by this reference; and
WHEREAS, the Property is the subject of an application for rezone and comprehensive plan map amendment identified as Case Number ZON-64-08; and
WHEREAS, the Property is the subject of an application for preliminary plat and planned unit development identified as Case Number SUB/PUD-198P-08; and
WHEREAS, the Property has an existing recorded Development Agreement identified as Instrument No. 2006099939 in the Canyon County Recorder’s Office; and
WHEREAS, upon recordation of this Amended Development Agreement this Amended Development Agreement shall replace said Instrument No. 2006099939; and
WHEREAS, Applicant/Developer intends any development of the subject property will be as R-1 (Low Density Residential) and/or C-2 (Community Commercial) development; and
WHEREAS, the Property is currently zoned R-1 (Low Density Residential) in the City; and
WHEREAS, the Owner and Applicant/Developer are seeking to rezone approximately 37.65 acres of the Property (the “Commercial Property”, legally described
on Exhibit “B”, attached hereto and incorporated herein by this reference) from R-1 (Low Density Residential) to C-2 (Community Commercial) in the City and amend the Comprehensive Plan
Map accordingly; and
WHEREAS, it is the intent of this Amended Development Agreement to protect the rights of the Owner’s and Applicant/Developer’s use and enjoyment of the Property, while at the same time
limiting any adverse impacts resulting from the rezone of the Commercial Property upon neighboring properties and the community and ensuring the Commercial Property is developed in
a manner consistent with the City’s Comprehensive Plan and City Code; and
WHEREAS, the City and Owner and Applicant/Developer desire to set forth herein limitations and/or conditions upon the use and development of the Property; and
WHEREAS, all capitalized terms in this Amended Development Agreement not herein defined shall have those meanings designated in the City Code, the City Zoning Ordinance, the City Subdivision
Ordinance and/or the City Comprehensive Plan, as applicable;
WHEREAS, the rezone of the Property and the Commercial Property are subject to the Amended Development Agreement;
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, Owner and Applicant/Developer and Caldwell agree as follows:
ARTICLE I
LEGAL AUTHORITY
1.1 Caldwell will adopt an ordinance to rezone the Property subject to the provisions of this Amended Development Agreement and provided the Owner and/or the Applicant/Developer is the
owner of the Property. This Amended Development Agreement shall be signed and delivered to the Caldwell Planning and Zoning Department within 45 days of the City Council public hearing
where the case is approved, and prior to the Mayor’s signing of the affirmative Order of Decision by the Mayor and City Council permitting the rezone classification. The rezone classification
ordinance shall only become effective after its passage, approval and publication.
ARTICLE II
CONDITIONS OF THE REZONE CLASSIFICATION
2.1 The Property shall be utilized in the fashion and according to the terms set forth in the development application Case Number ZON-64-08 and SUB/PUD-198P-08 to include the following
conditions:
In the event the property’s legal description is discovered to be in error, the Applicant/Developer shall be responsible for assuming the measures necessary to provide the City with
an accurate legal description.
In accordance with City Code, any development of the Property shall require the construction of street side improvements in any public right-of-way adjacent to the subject property to
include curb, gutter, sidewalk, sub-base, asphalt paving, storm drainage facilities, street lights and water mains. These street improvement features shall be incorporated into the
design and construction of all streets located within the development as well.
At the time of development or within 90 days of a request by the City, a 40-foot one-half width right-of-way (minus existing) along the entire KCID Road frontage shall be dedicated to
the City. At the actual time of development, the street shall be improved to a Collector roadway. The street shall be at a width of 24.5 feet from centerline to back of curb and shall
feature standard vertical curb, 5-foot wide sidewalks, sub-base and asphalt paving, required storm water drainage facilities and street lights. City specifications for these improvements
shall be observed. Said improvements shall extend the entire length of the Property’s KCID Road frontage.
At the time of development or within 90 days of a request by the City, a 40-foot one-half width right-of-way (minus existing) along the entire Marble Front Road frontage shall be dedicated
to the City. At the actual time of development, the street shall be improved to a Collector roadway. The street shall be at a width of 22.5 feet from centerline to back of curb and
shall feature standard vertical curb, 5-foot wide sidewalks, sub-base and asphalt paving, required storm water drainage facilities and street lights. City specifications for these improvements
shall be observed. Said improvements shall extend the entire length of the Property’s Marble Front Road frontage.
At the time of development or within 90 days of a request by the City, a 40-foot one-half width right-of-way (minus existing) along the entire Smeed Parkway Road frontage shall be dedicated
to the City. At the actual time of development the street shall be improved to a Collector roadway. The street shall be at a width of 22.5 feet from centerline to back of curb with
an additional 7.5-foot wide paved street section to allow for a two-directional flow of traffic. The street shall feature standard vertical curb, 5-foot wide sidewalks, sub-base and
asphalt paving, required storm water drainage facilities and street lights. City specifications for these improvements shall be observed. Said improvements shall extend the entire length
of the Property’s Smeed Parkway Road frontage.
A minimum 51-foot wide full width right-of-way may be dedicated for the proposed non-classified interior public streets and they shall be constructed at a minimum width of 37 feet back
of curb to back of curb. The streets shall feature 3” rolled curb, gutter, 4-foot wide sidewalks, sub-base and asphalt paving,
required storm drainage facilities and street lights. To allow for reduction of the local street section to a minimum width of 291/2 feet to back of curb, the on-street parking that
would have been available on the standard street section shall be placed in an accessible off-street parking area within 1000 feet of the on-street area for which it accounts. The resulting
two travel lanes shall be no less than 10 feet in width (exclusive of gutter plate), and shall meet Fire Department requirements. Curb and gutter bull noses will be permitted on the
local streets.
The out parcels located at the northwest corner of the subject property fronting Marble Front Road and Smeed Parkway and the out parcel fronting KCID Road near the ½ mile mark shall
have the appropriate right-of-way dedication made to the public and construction of frontage improvements along the entire length of the frontage of said out parcels. In the event that
the City determines, through its own investigation, that out parcel owners refuse to dedicate right-of-way, as noted in writing acceptable to the City, the requirement to install frontage
improvements across said out parcel(s) shall be waived.
Provisions of the agreement with the owners of parcels identified in Canyon County tax records as R3523701000 and R35237010A0 allowing for right-of-way dedication to the City, titled
“MEMORANDUM OF AGREEMENT FOR DEDICATION AND IMPROVEMENT OF RIGHT OF WAY” in exchange for frontage improvements constructed by the Applicant/Developer shall be made a part of this Amended
Development Agreement by this reference as if set forth here in full.
The Applicant/Developer shall submit for review, keep the City informed of and comply with any transportation system improvements including additional right-of-way, surface depth or
setback requirements requested by the Canyon Highway District #4.
All public roadways, planned and future, shall be built to City standards (except as otherwise specifically approved for Golden View Subdivision as depicted on the preliminary plat submitted
December 24, 2008 and labeled as Case File Exhibit A-3) and dedicated for public purpose. Public roadway improvements shall include curb, gutter, sidewalk, sub-base, asphalt paving,
storm drainage facilities, streetlights and water mains. These street improvement features shall be incorporated into the subdivision as it is developed and shall be constructed by
an appropriately licensed public works contractor.
If specifications to the current street section schedule requirements have been changed by the time of development application, any development of the Property shall be required to adhere
to the more stringent requirements at the time of development (except as otherwise specifically approved for Golden View Subdivision as depicted on the preliminary plat submitted December
24, 2008 and labeled as Case File Exhibit A-3).
Construction of facilities to be dedicated and/or within public right-of-way shall be performed by an appropriately licensed public works contractor and constructed to City specifications
(except as otherwise specifically approved for Golden View Subdivision as depicted on the preliminary plat submitted December 24, 2008 and labeled as Case File Exhibit A-3).
Intersection and driveway spacing shall comply with the City’s adopted intersection and driveway spacing requirements (except as otherwise specifically approved for Golden View Subdivision
as depicted on the preliminary plat submitted December 24, 2008 and labeled as Case File Exhibit A-3).
The following are the required traffic-related mitigation measures for the Golden View Subdivision:
a. Provide a cross-access easement allowing use of approaches and cross-access of all the commercial portions and commercial uses, as well as any uses for assisted living facilities
or multi-family dwellings, of the site. This requirement shall be noted on all final plats for Golden View Subdivision.
b. The Golden View Subdivision is expected to generate 8,153 new vehicle trips per day. 738 of these vehicle trips are expected to be generated in the critical (P.M.) peak hour (excluding
both pass-by trips, whose trip purpose is not based in Golden View and capture trips which occur internally to said subdivision). Community Planning Association of Southwest Idaho
has computed the average trip length in Canyon County to be 7.3 mi. Traffic impact mitigation should presumably occur at both trip ends so ½ of the trip length should be attributed
to each end. It is estimated that trips will encounter a major intersection every half mile along any given path. The capacity of an average fully improved intersection (assumed to
be the intersection of a collector and an arterial road) is estimated to be 5,080 vehicles/hour. Trips generated by Golden View Commercial Subdivision will utilize: (738 veh trip/hr
* 7.3 mi/trip * 0.5 trip ends * 2 intersections/mi)/5,080 veh/hr per avg intersection = 102% of the capacity at an average intersection. This percentage represents the total capacity
utilized from each intersection (once fully improved) encountered by trips generated over the development’s half of the generated trip length.
1) The Applicant shall construct 102% of the signalization improvements needed for an average intersection, as defined, at a nearby deficient location to be determined by Engineering
staff.
c. Eastbound right-turn lane at the intersection of Smeed and Marble Front Road as existing right-of-way permits.
d. Northbound right-turn lane and westbound left-turn lane at the intersection of Smeed Parkway and the internal collector road.
e. Eastbound right-turn lane at the intersection of Marble Front Road and the Marble Front site approach.
f. Northbound left-turn lane at the intersection of KCID Road and the internal collector road.
g. All turn lanes should accommodate the 95th Percentile queue plus appropriate tapers.
h. Additional right-of-way shall be granted to accommodate the right-turn lanes adjacent to the site.
All public street, sewer, water, fire protection and street light facilities must be dedicated to the City. Some conveyance facilities for storm water drainage may be eligible for dedication
to the City.
The Applicant/Developer shall employ a responsible design professional, preferably the engineer of record, to oversee and inspect construction, to perform and/or observe all requisite
testing of completed facilities, and to certify that improvements have been constructed according to approved plans and in compliance with applicable City, State, and Federal standards.
Appropriate existing easements for transmission lines and other utilities shall be clearly indicated, with recorded instrument numbers provided for said easements, on the face of the
plat (visually and in writing).
Easements for utilities shall be 10 feet wide along all public street frontages, except that the easements for utilities along all public street frontages of The Hamptons (as identified
in attached Exhibit “C”) may be reduced to a 5-foot width provided necessary joint trench and pressurized irrigation easements are accommodated. A 10-foot wide easement along select
interior lot lines, as designated and approved by the City Engineer, shall be provided to facilitate pressure irrigation.
The Property shall be landscaped in accordance with the landscape ordinance and tree ordinance in effect at the date of submittal of any preliminary plat, rezone or special use permit
application.
The Property shall be maintained in keeping with the City’s nuisance abatement program until such time as the development is complete. Maintenance shall include the semi-annual mowing
of all weeds (said mowing to take place at least monthly within the months of April, May, June, July, August, September and October) within the Property boundaries and the immediate
removal of noxious weeds when they are identified. All appropriate dust abatement procedures as part of the construction process shall be applied. Violations shall be subject to the
nuisance abatement process in Chapter 7, Article 11 of City Code.
At the time of development a “Rules and Regulations” sign shall be posted and maintained at the entryways to the Property until it is fully developed. The signs would be intended for
subcontractors performing work and should include: 1) no dogs; 2) no loud music; 3) no alcohol or drugs; 4) no abusive language; 5) dispose
of personal trash and site debris; 6) clean up any mud and/or dirt that is deposited from the construction parcel onto streets; 7) installation of a temporary construction fence that
would keep debris from being blown off site by the wind; 8) no burning of construction or other debris on the Property. Violations of any of the eight “rules and regulations” may result
in criminal prosecution.
All development shall require compliance with the City Storm Water Management Manual and any subsequent updates. On site detention facilities shall be required for management of site
storm water for development except as provided for under said Manual. The storm water retention area located on the common lot adjacent to the school site may be utilized for play/sports
fields, play/sports equipment and accessory structures.
Development shall require the Property to connect to the City Municipal Sewer System and comply with the Franklin Sewer Study as updated which includes trunk line construction along
the Solomon Drain alignment.
A temporary 30-foot wide easement (where applicable) centered over any required sewer trunk line extension alignments to facilitate adjacent developments shall be provided. The temporary
easement shall be retained until replaced by a permanent easement or recorded public right-of-way.
A public utility easement shall be provided for the following: not less than 15 feet in width for any water lines and water meters not in the public right-of-way, not less than 20 feet
in width for any sewer lines not in the public right-of-way and not less than 30 feet in width for any combined sewer and water lines not in the public right-of-way. Said easements
shall be constructed under/within an all-weather surface so as to provide access for maintenance and/or repair.
All easements and/or rights-of-way shall be determined and clearly indicated on final plats. A note shall be placed on all final plats indicating that all rights-of-way are to be dedicated
to the public.
In accordance with City requirements, a note shall be placed on the final plats stating that no individual residential or individual common lot shall be allowed to take direct access
to Smeed Parkway, Marble Front Road, KCID Road, the internal collectors or any other collectors or arterials; excepting that lots commercially zoned or commercially used and the school
site are allowed direct access to Smeed Parkway, Marble Front Road, KCID or the internal collectors; and, excepting that lots in The Biltmore are allowed direct access to the interal
collectors if utilized for commercial purposes, multi-family dwellings, assisted living facilities or similar; and, excepting that the private street (which will be a common lot) in
The Links shall be allowed direct access to collector streets. The school may utilize a limited second bus access off Marble Front if the internal collector is utilized for the primary
access or off the internal collector if Marble Front is utilized as the primary access.
Development shall require connection to the City Municipal Water System and compliance with the City Water Master Study as updated in 2005 and any subsequent updates. Development shall
require construction of 12-inch water lines in Smeed Parkway, Marble Front Road and KCID Road.
The face of the subdivision final plat shall bear a note stating that the development shall conform to Idaho Code 22-4503, Right to Farm Act.
A proportionate share of any existing water right(s), except those held in trust by an irrigation district, shall be transferred to the City for both irrigation and domestic water supply
for the subject development. If this should occur, the City shall assist in registering the transfer.
The engineer of record shall be held responsible to ensure that subdivision improvements are in substantial compliance with said engineer’s design. Following the construction of the
subdivision improvements, the Applicant/Developer’s engineer shall provide the City Engineering Department with electronic and reproducible mylar as-built plans suitable for blue-line
reproduction for future reference and to establish that the engineer of record has caused construction to occur in substantial compliance with the design of said engineer of record,
as well as providing the City Engineering Department with a reproducible mylar copy of the recorded final plat, suitable for blue line reproduction.
Any note, item or drawing element on the plats, construction drawings, engineering drawings and/or design drawings related to the Property inconsistent with City Codes, Policies and/or
Ordinances shall not be construed as approved, even if stamped approved by any City department, unless said inconsistency has been specifically addressed and granted by City Council
as an exception.
An electronic (.dwg) copy of final plats suitable for mapping and addressing purposes shall be required with all final plat submittals.
Prior to City signature on the final plat, subdivision facilities must be completed or an appropriate construction security provided. There may be temporary restrictions to the obtaining
of building permits, even with acceptable construction security, depending on fire protection, emergency service requirements, and City approval of the sanitary sewer system. A 50%
temporary restriction to obtaining of building permits shall be enforced, as per Chapter 11 of City Code, until all facility construction has been completed, inspected and certified
by the Applicant/Developer’s engineer, including all punch list items.
All external lighting shall be low-wattage and downward facing.
All development of the Property shall be subject to the laws and requirements of State and City Code and any and all City ordinances, resolutions, policies,
standards, rules and regulations in place at the time of submittal of any development application. Except that exceptions have been made for Golden View Subdivision Planned Unit Development
as reflected in the Order of Decision for said Subdivision/Planned Unit Development.
The Order of Decision for the rezone classification and the subdivision/planned unit development of the Property (ZON-64-08 and SUB/PUD-198P-08) is hereby made a part of this Amended
Development Agreement to be adhered to by the Applicant. In the event there is a discrepancy or conflict, the Planning and Zoning Department shall be the allowed the flexibility to
clarify inconsistencies with the caveat that said Department may or may not feel it necessary to take the issue back before City Council as a new business item through the public hearing
process.
At the time of this Amended Development Agreement, the Property was planned as Golden View Subdivision Planned Unit Development. As part of said Subdivision Planned Unit Development,
all conditions of approval, as listed in the Order of Decision for said subdivision/planned unit development apply to the Property. Should the Property not develop as Golden View Subdivision
Planned Unit Development, all City codes, ordinances, rules, regulations, standards, policies and resolutions in effect at the date of any development application would apply to the
Property. Exceptions are only applicable for Golden View Subdivision Planned Unit Development and said exceptions are only those noted in the Order of Decision for said subdivision/planned
unit development.
ARTICLE III
AFFIDAVIT OF PROPERTY OWNERS
3.1 An affidavit of the owners of the Property agreeing to submit the Property to this Amended Development Agreement and to the provisions set forth in Idaho Code Section 67-6511A is
incorporated herein by reference.
ARTICLE IV
DEFAULT
4.1 In the event the Applicant/Developer fails to comply with the commitments set forth herein, within thirty (30) days of written notice of such failure from Caldwell, Caldwell shall
have the right, without prejudice to any other rights or remedies, to cure such default or enjoin such violation and otherwise enforce the requirements contained in this Amended Development
Agreement; provided, however, that if the failure or delay is such that more than thirty (30) days would reasonably be required to perform such action or comply with any term or provision
hereof, then the Applicant/Developer shall have such additional time as may be reasonably necessary to perform or comply so long as the Applicant/Developer commences performance or
compliance within such thirty (30)-day period and diligently proceeds to complete such performance or fulfill such obligation.
The written notice provided for above shall specify the nature of the alleged default and the manner in which said default may be satisfactorily cured, if possible.
4.2 If required to proceed in a court of law or equity to enforce any provision of this Amended Development Agreement, the prevailing party shall be entitled to recover all direct out-of-pocket
costs so incurred to cure or enjoin such default and to enforce the commitments contained in this Amended Development Agreement, including attorneys’ fees and court costs as the Court
shall determine.
ARTICLE V
UNENFORCABLE PROVISIONS
5.1 If any term, provision, commitment, or restriction of this Amended Development Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid
or unenforceable, such term, provision, commitment, or restriction shall be severed from this instrument and the remainder of this instrument shall nevertheless remain in full force
and effect except that any portion so determined to be invalid or unenforceable shall be re-negotiated in good faith between Owner and Applicant/Develoepr and Caldwell. It is the parties’
express intention that the terms and conditions be construed and applied as provided herein, to the fullest extent possible and that portion of this instrument determined to be invalid
or unenforceable shall be re-negotiated in good faith between the Owner and Applicant/Developer and Caldwell as an amendment to the Development processed in accordance with the notice
and hearing provisions of Idaho Code Section 67-6509.
ARTICLE VI
ASSIGNMENT AND TRANSFER
6.1 After its execution, the Amended Development Agreement shall be recorded in the office of the County Recorder at the expense of the City.
6.2 Each commitment and the restriction on the development shall be a burden on the Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other
residential property near the Property and shall run with the land.
6.3 This Amended Development Agreement shall be binding on the Owner and Applicant/Developer, and their respective heirs, administrators, executors, agents, legal representatives, successors,
and assigns; provided, however, that if all or any portion of the development is sold, the sellers shall thereupon be released and discharged from any and all obligations in connection
with the property sold arising under this Amended Development Agreement, and such obligations shall be automatically adopted by the buyer of the same.
6.4 The new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee’s sale or otherwise) shall be
liable for all commitments and other obligations arising under this Amended Development Agreement with respect to the Property or portion thereof.
ARTICLE VII
GENERAL MATTERS
7.1 Amendments. Any alteration or change to this Amended Development Agreement shall be made only after complying with the notice and hearing provisions of the Idaho Code Section 67-6509.
7.2 Paragraph Headings. This Amended Development Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. Titles and captions are for convenience
only and shall not constitute a portion of this Amended Development Agreement. As used in this Amended Development Agreement, masculine, feminine, or neutral gender and the singular
or plural number shall each be deemed to include the others wherever and whenever the context so dictates.
7.3 Choice of Law. This Amended Development Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the time of the execution of this Amended Development
Agreement. Any action brought in connection with this Amended Development Agreement shall be brought in a court of competent jurisdiction located in Canyon County, Idaho.
7.4 Notices. Any notice which a party may desire to give to another party must be in writing and may be given by personal deliver, by mailing the same by registered or certified mail,
return receipt requested postage repaid, or by Federal Express or other reputable overnight delivery service to the party to whom the notice is directed at the address of such party
set forth below:
Caldwell: Planning and Zoning
P.O. Box 1179
Caldwell, Idaho 83606
Owner: L209-1 ID Houston, LLC, a Washington limited liability company
9709 3rd Ave NE
Seattle, WA 98115-2015
Applicant/Developer: Projects West, Inc.
2014 Meridian St. South
Puyallup, WA 98371
Attn: Paul Edminster
Or such other addresses and to such other persons as the parties may hereafter designate. Any such notice shall be deemed given upon receipt If by personal delivery, forty-eight
(48) hours after deposit in the United States mail, if send by mail pursuant to the foregoing, or twenty-four (24) hours after timely deposit with a reputable overnight delivery service.
7.5 Effective Date. This Amended Development Agreement shall be effective upon recordation of this Amended Development Agreement.
IN WITNESS WEREOF, the parties have executed this Amended Development Agreement.
DATED this ____ day of _________________, 2009
CALDWELL:
CITY OF CALDWELL, a municipal corporation organized and existing under the laws of the State of Idaho
By:_________________________, Mayor
ATTEST:
_____________________________, City Clerk
DATED this ____ day of _________________, 2009
STATE OF IDAHO )
: ss.
County of Canyon )
On this ____ day of __________________, 2009, before the undersigned notary public in and for the said state, personally appeared Garret L. Nancolas, known or identified to me to b
the Mayor of the City of Caldwell and the person who executed the foregoing instrument on behalf of said City and Acknowledged to me that said City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written.
____________________________________
Notary Public for Idaho
Residing at:__________________________
My Commission Expires:_______________
OWNER:
L209-1 ID Houston, LLC, a Washington limited
Liability company
By: Del Oro Properties, LLC,
A Washington limited liability company,
Its: Managing Member
By: _______________________________
Arnold Huang, Manager
STATE OF __________ )
: ss.
County of ___________ )
On this ____ day of __________________, 2009, before the undersigned notary public in and for the said state, personally appeared Arnold Huang, Manager of Del Oro Properties, LLC, the
Managing Member of L209-1 ID Houston, LLC, the limited liability company, known or identified to me to be the property owner referenced herein and the person who executed the foregoing
instrument on behalf of L209-1 ID Houston, LLC.
.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written.
____________________________________
Notary Public for ________________
Residing at:__________________________
My Commission Expires:_______________
APPLICANT/DEVELOPER:
Projects West, Inc., a Washington corporation
By: ______________________________
Its: _______________________________
STATE OF __________ )
: ss.
County of ___________ )
On this ____ day of __________________, 2009, before the undersigned notary public in and for the said state, personally appeared ____________________________________ known or identified
to me to be the ___________________________ of Projects West, Inc., the Washington corporation that executed the within and foregoing instrument, or the person who executed the instrument
on behalf of Projects West, Inc., and acknowledged to me that such Washington corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written.
____________________________________
Notary Public for ________________
Residing at:__________________________
My Commission Expires:_______________
Schedule of Exhibits
Exhibit “A”: Legal Description of the Property
Exhibit “B”: Legal Description of the Commercial Property
Exhibit “C”: Site plan of Golden View Subdivision