Minutes - 2017 - Design Review - 02/09/2017 - RegularDESIGN REVIEW BOARD
MINUTES
The Design Review Board met in regular session February 9, 2017, Chairman Grubb presiding.
1. CALL TO ORDER: Chairman Grubb calls the meeting to order at 6:00 p.m.
2. ROLL CALL: The following members were present: GRUBB, SAYER, BRASHER,
SCHAFER, BAER, GERMANO, KOCI. A quorum is present.
3. CONSENT AGENDA
• Consent Agenda items are considered to be routine and are acted on with one motion.
There will be no separate discussion on these items unless a Design Review Board
member, City Staff, or a citizen requests an item to be removed from the Consent
Agenda for discussion. Items removed from the Consent Agenda will be placed on the
Regular Agenda in a sequence determined by the Rules of Order.
• Any item on the Consent Agenda that contains written recommendations from the
City of Eagle shall be adopted as part of the Design Review's Consent Agenda
approval motion unless specifically stated otherwise.
A. Minutes of January 26, 2017.
B. Findings of Fact and Conclusions of Law for DR -70-16 — Common Area
Landscaping within Redstone Ranch Subdivision — A Team Land Consultants:
A Team Land Consultants, represented by Steve Arnold, is requesting design review
approval of the common area landscaping within Redstone Ranch Subdivision. The
10.06 -acre site is located on the northwest corner of East Hill Road and North
Echohawk Way approximately 400 -feet west of the intersection of East Hill Road and
State Highway 55.
C. Findings of Fact and Conclusions of Law for DR -50-16 — Food and Beverage
Sales Building within Lakemoor Commercial Subdivision — Hawkins
Companies: Hawkins Companies, represented by Christian Samples, is requesting
design review approval to construct a 12,500 -square foot food and beverage sales
building. The 1.41 -acre site is located on the southeast corner of South Eagle Road
and East Colchester Drive within Lakemoor Commercial Subdivision (Lot 6, Block
10).
D. Findings of Fact and Conclusions of Law for DR -82-16 — Eagle River Senior
Housing Facility — Riverside Senior Development Company, LLC: Riverside
Senior Development Company, LLC, represented by Tamara Thompson with The
Land Group, Inc., is requesting design review approval to construct a 146 -unit,
147,612 -square foot senior housing facility. The 6 -acre site is located southeast of
Merrill Park and adjacent to the southern boundary of Merrill Park approximately
250 -feet east of the intersection of East Shore Drive and East Riverside Drive within
the Eagle River Development.
K:\DESI_REV\MINUTES\Temporary Minutes Work Area\DR-02-09-17min.doc
E. Findings of Fact and Conclusions of Law for DR -83-16 — Restaurant Building —
Hawkins Companies: Hawkins Companies, represented by Christian Samples, is
requesting design review approval to construct a 7,230 -square foot restaurant
building. The 1.95 -acre site is located on the east side of South Eagle Road
approximately 300 -feet east of the southeast corner of South Eagle Road and East
Colchester Drive within Lakemoor Commercial Subdivision (Lot 7, Block 10).
F. Findings of Fact and Conclusions of Law for DR -84-16 — Multi -Tenant Office
Building — Hawkins Companies: Hawkins Companies, represented by Christian
Samples, is requesting design review approval to construct a 67,500 -square foot
multi -tenant office building (1st, 2nd, and 3rd Floor Square Footage = 22,500/each).
The 4.41 -acre site is located within the commercial portion of Lakemoor Subdivision,
on the north side of East Eagles Gate Drive approximately 300 -feet west of East
Colchester Drive.
Koci will recuse himself from voting on the consent agenda. Schafer will recuse himself
from voting on the consent agenda.
Grubb moves to remove item 3C from the consent agenda. Seconded by Baer.
Discussion on this item. Grubb moves to change site specific condition #14, the last
sentence, change approved by staff and one member to staff and three members.
Discussion. Grubb amends motion to change to staff and two members of the
Design Review Board. Seconded by Germano.
Grubb moves to approve the consent agenda as modified. Seconded by Brasher.
ALL AYE... MOTION CARRIES.
4. UNFINISHED BUSINESS: None.
5. NEW BUSINESS:
A. DR -43-03 MOD2 — Master Sign Plan Modification for the Eagle Center
Shopping Center, Including Building Wall Signage and a Monument Sign
Tenant Panel for Papa Johns Pizza — Eagle Center Properties: Eagle Center
Properties, represented by Mark Butler with Land Consultants, Inc., is requesting
design review approval to modify the master sign plan associated with the Eagle
Center Shopping Center, including building wall signage and a monument sign tenant
panel for Papa John's Pizza. The site is located on the south side of East State Street
approximately 1,750 -feet east of Eagle Road at 601— 625 East State Street.
Mark Butler, PO Box 314, Eagle, ID, reviews the application. Heather Petredes, 4268 W.
Harbor Point Drive, Meridian, ID reviews the Papa John's signage. City Planner Gero
reviews the application.
Grubb moves to continue DR -43-03 MOD2 — Master Sign Plan Modification for the
Eagle Center Shopping Center, Including Building Wall Signage and a Monument
Sign Tenant Panel for Papa John's Pizza — Eagle Center Properties to the next
regularly scheduled meeting. Seconded by Sayer. ALL AYE...MOTION
CARRIES.
K:\DESI REV\MINUTES\Temporary Minutes Work Area\DR-02-09-17min.doc
6. REPORTS:
A. Design Review Board:
B. Staff: Next meeting discussion.
7. ADJOURNMENT:
Brasher moves to adjourn at 7:35 p.m. Seconded by Sayer. ALL AYE...MOTION
CARRIES.
RESPECTFULLY SUBMITTED:
SHERI HORTON
CLERK OF THE MEETING
ROBERT GRUBB
CHAIRMAN
AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT
WWW.CITYOFEAGLE.ORG
K.\DESI_REV\MINUTES+Temporary Minutes Work Area1DR-02-09-17min.doc
orders to your restaurant. However, this online trade area-defmition does not grant you any
exclusivity to any particular customers or geographic territory and we have no obligation to
protect your online trade area or reserve it for your exclusive benefit. Your online trade area may
be significantly different than the Territory and may change from time to time. In determining to
which Papa John's restaurant an online order will be routed, we will consider such matters as we
reasonably deem material, including, without limitation: existing trade or delivery areas of Papa
John's restaurants in geographic proximity to the address or customer placing the order;
demographic characteristics of the location of such proximate Papa John's restaurants; traffic
patterns and similar factors affecting delivery efficiency; the opening or closing of other Papa
John's restaurants; and other commercial characteristics of geographically proximate Papa John's
restaurants. Owing to these considerations, routing of online orders may change from time to
time and such changes may remove particular addresses or groups of addresses, particular
customers, groups of customers or geographic area(s) from routing to your restaurant and online
orders from such addresses, groups of addresses, customers, groups of customers or geographic
area(s) may be re-routed to other Papa John's restaurants that are now, or that may in the future
be, located near or adjacent to your restaurant. Such other Papa John's restaurants may be owned
by us, our affiliated companies or other franchisees. If you relocate the restaurant, the routing of
online orders to your restaurant may be reduced, changed, altered or restricted, even though we
have approved the new location for the restaurant.
Your Development Area or Territory will not be altered even if there is a population
increase. It will not be affected by your sales volume. Except as the Development Agreement
grants you the right to develop a specific number of restaurants, you are not granted any other
option, right of first refusal or similar right to acquire additional restaurants in your Development
Area or Territory under either the Development Agreement or Franchise Agreement.
Although we do not currently do so, pursuant to the Franchise Agreement we reserve the
right, either directly or through affiliated entities, to operate or franchise or license others to
operate or franchise, restaurants or other food related establishments or businesses other than
Papa John's Pizza restaurants and you agree that we and our affiliates may do so within the
Territory; provided, that such restaurants or food establishments or businesses will not sell pizza
on a delivery basis, or primarily on a carry -out basis. We also reserve the right to develop,
market and conduct any other business under the Marks or any other trademark within and
outside the Territory. We also reserve the right, directly or through third parties, to manufacture
or sell, or both, within and outside the Territory, pizza and other products that are the same as or
similar to those sold in Papa John's restaurants using brand names that are the same as, or similar
to, the Marks through any channel of distribution; provided that such items are not sold through
restaurants or on a ready -to -eat basis.
ITEM 13: TRADEMARKS
You are not granted any right to use the Marks under the Development Agreement.
Those rights are granted under the Franchise Agreement.
-57-
Under the Franchise Agreement, we grant you the non-exclusive right to use the Marks in
connection with the operation of your restaurant. Your right to use the Marks is limited to use
during the term of the Franchise Agreement and in compliance with all specifications, procedures
and standards that we prescribe. All registrations and applications were assigned to us when we
merged with PJ Indiana. Papa John's owns all right, title and interest in and to the following
Marks, which are the primary trademarks, service marks, names, logos and symbols used by Papa
John's to identify the franchised business and are registered with the U.S. Patent and Trademark
Office on the principal register:
Name or Mark
Registration
Number
Class
Registration
Date
Papa John's
1,383,735
42
2/18/1986
Papa John's
1,940,948
30
12/12/1995
Pizza Papa John's and Design
2,033,420
30, 39, 42
1/28/1997
The Section 8 and 15 Affidavit for the mark "Papa John's," Registration No. 1,383,735,
was filed in the U.S. Patent and Trademark Office on March 31, 1992. The Section 8 and 15
Affidavit for the mark "Papa John's," Registration No. 1,940,948 was filed in the Patent and
Trademark Office on November 16, 2001. The Section 8 and 15 Affidavit for the mark "Pizza
Papa John's and Design" (the Papa John's logo) was filed in the Patent and Trademark Office on
January 31, 2002.
There are no currently effective material determinations of the United States Patent and
Trademark Office, the Trademark Trial and Appeal Board, the trademark administrator of any
state or any court, nor are there any pending infringement, opposition or cancellation proceedings
or material litigation, involving the Marks. PJ Indiana acquired all rights in the trademark "Papa
John's" under an Assignment Agreement dated April 4, 1991, between it and Papa John's, Inc., an
unrelated Wisconsin corporation. Pursuant to the Assignment Agreement, PJ Indiana was
assigned ownership of the federal registration of this trademark and all rights to use this mark in
all states. PJ Indiana filed the Assignment Agreement with the Patent and Trademark Office.
There are no agreements currently in effect that significantly limit our right to use or license the
use of the Marks in any mariner material to the franchise. As described in Item 11, we have
licensed the Marketing Fund to use the Marks.
Your right to use the Marks granted under the Franchise Agreement is non-exclusive, and
we retain the right, among others: (a) to use the Marks in connection with selling products and
services; (b) to grant others licenses for the Marks, in addition to those licenses already granted
to existing franchisees; and (c) to develop and establish other systems using the same or similar
Marks, or any other proprietary marks, and to grant licenses or franchises in those systems
without providing any rights to you.
-58-
All your usage of the Marks and any goodwill that you establish is to our exclusive
benefit and you retain no right in the Marks upon the termination or expiration of the Franchise
Agreement. Unless we approve, you may not use the Marks as a part of any corporate or trade
name, or as part of any e-mail address, domain name or other identification of your business in
any electronic medium, nor may you use any trade name, trademark, service mark, emblem or
logo other than the Marks, as we may designate. You must prominently display the Marks on
such items and in the manner we designate, including, but not limited to, signs, plastic or paper
products and other supplies and packaging materials. You must obtain such fictitious or assumed
name registrations as we require or as required under applicable law. You must identify yourself
as the owner of the restaurant by placing your name on the restaurant and on all checks, invoices,
receipts, contracts and other documents that bear any of the Marks, and on all printed materials
your name must be followed by the phrase "an independently owned and operated franchise" or
such other phrase as we direct.
You must immediately notify us of any information that you acquire about any actual or
threatened infringement of the Marks or the use by others of names, marks or logos that are the
same as or similar to any of the marks. You must cooperate with us in any suit, claim or
proceeding involving the Marks. We, in our sole discretion, will control all decisions concerning
the Marks. We have no obligation under the Franchise Agreement to protect you against,
participate in your defense or to reimburse you for, any damages for which you are held liable in
any proceeding arising out of your use of the Marks.
We may require you to modify or discontinue use of any Mark, use additional or
substitute Marks or to enter into one or more agreements with third parties that may limit or
modify our rights and the rights of one or more Papa John's franchisees to use the Marks. We are
not obligated to reimburse you for the costs of changing items such as signs, menus, uniforms
and advertisements, or for any other loss or expense caused by or related to such addition,
substitution, modification or discontinuance. You must comply with our directions within 30
days and use such substitute or additional Marks as we direct.
Except as described below, we do not actually know of either superior prior rights or
infringing uses that could materially affect a franchisee's use of the principal trademarks in any
state. We are aware of a "Papa John's" restaurant that has operated in Boca Raton, Florida
(previously in Pompano Beach, Florida) allegedly since 1979, a restaurant operating in East
Lansing, Michigan, since approximately 1982 and a restaurant operating in Garrison, New York,
allegedly since 1985. These entities may have rights to the use of the name in their market area.
We are aware of 11 other restaurants that have operated under a similar mark in Pompano Beach
and East Point, Florida; Swampscott, Massachusetts; Crosby, Minnesota; Delevan, Wisconsin;
Wolfeboro, New Hampshire; Memphis, Tennessee; Lincoln, Nebraska; Mayville, New York; and
Albuquerque, New Mexico. We are continually reviewing these matters to determine whether
there is any basis for taking action to stop their use. While we are generally aware of other users
of marks similar to or the same as the Marks, we have no specific knowledge of whether any
other users are currently in operation or actually using any of the Marks or marks that are
confusingly similar.
-59-
Franchise Agreement:
(c) Use of Marks. You are authorized to use the Marks only in connection with
the operation of the Restaurant at the Location and only in the manner that we authorize, including
compliance with brand identity guidelines and other directives contained in the Manuals. Your right
to use the Marks is limited to use during the Term and in compliance with specifications, procedures
and standards prescribed by us from time to time. You must prominently display the Marks in the
manner that we prescribe on all signs, plastic and paper products, and other supplies and packaging
materials that we designate. You will not: (i) fail to perform any act required under this Agreement;
(ii) commit any act that would impair the value of the Marks or the goodwill associated with the
Marks, including publicly disparaging us, the System, the products or services offered by Papa
John's restaurants, or any of our officers or directors; (iii) at any time engage in any business or
market any product or service under any name or mark that is confusingly or deceptively similar to
any of our Marks; (iv) use any of the Marks as part of your corporate or trade name, or as part of any
e-mail address, web -site address, domain name, or other identification of your business in any
electronic medium without our express, written consent; or (v) use any trademark, trade name,
service mark, logo, slogan or emblem that we have not authorized for use in connection with the
Restaurant, including any co -branding or cross -promotional efforts containing the name, trademark,
service mark, logo or emblem of any third party, without our approval. You must obtain such fictitious
or assumed name registrations as required by applicable state law and forward to us copies of
the same upon request.
DocuSign Envelope ID: 819462D3-98DD-4ABF-82C1-FE6548A4A1 C7
and you must maintain the interior and exterior decor in such manner as we may reasonably prescribe
from time to time.
(b) Signs. You must prominently display, at your expense, both on the interior
and exterior of the Premises, signs in such form, color, number, location and size, and containing
such Marks, logos and designs as we designate. Such signs must be obtained from a source
designated or approved by us. You must obtain all permits and licenses required for such signs and
you are responsible for ensuring that all signs comply with all laws and ordinances. You will not
display in or upon the Premises any sign of any kind to which we object.
(c) information System. You must: (1) acquire, maintain and use in the
operation of the Restaurant the "Information System" (as defined below) for the Restaurant and the
right to use, for the Term, the "Designated Software" (as defined below) in the manner specified by
us; (2) obtain any and all hardware, peripheral equipment and accessories, arrange for any and all
support services and take all other actions that may be necessary to prepare or enable the Information
System and the Designated Software to operate as specified by us (including installation of electrical
wiring and data cabling, and temperature and humidity controls); and (3) install and use the
Designated Software on the Information System, and use such items solely in the operation of the
Restaurant in the manner specified by us. You are responsible for all costs associated with the
foregoing, including but not limited to transportation, installation, sales, use, excise and similar
taxes, site preparation and disposal of retired hardware. You must operate only Designated Software
on the information System. The Designated Software, and all additions, modifications and enhance-
ments thereto, constitute "confidential information," and are subject to the provisions of Section 17
of this Agreement.
(i) Definitions. For purposes of this Agreement, the terms listed below
have the meanings that follow them.
(A) "Designated Software" - Such software, programming and
services as we may specify or require from time to time for use by you in the Restaurant. The
Designated Software may consist of and/or contain either or both of the following:
(1) Packaged Software. Software purchased and licensed
from us or a third party and/or third -party subcomponents that we have the authority to
license or sell to you ("Packaged Software") pursuant to and in accordance with agreements
that we enter into with such third -party vendors (collectively, the "Packaged Software
Agreements").
(2) Proprietary Programs. Proprietary computer software
programs that we develop or cause to be developed and that are owned by us or licensed
exclusively to us and that we designate for use on the Information System in the operation
of a Restaurant, including any modifications, additions or enhancements to such software
programs ("Proprietary Programs").
-20-
'Eagle VJaz Eagle viaza
SUPERCLS
pirn►5 '
:usr CLEAN
Pa a c�rn*tii
On Your MI
running six,
A !x< 7.41 SAL1,!,!
imi ,M
N 911 1 i 11 I
••flare PatigE..i
IIMMINI
J
CT
SUPERCL
r
co c. CLEAN
E�jj-M
P a tar i
On Your III
r unniny 4, WA
A 0.04 RN SALON
Mimi+JV1,
IS 6 9 S h Il I
illelli.__Orrwnr!i
..ORNM POW'
RJCI
,r
m
rn
co
X
c
D
70
co
N
O
rn
x
co
N -i co 0
m--Imo
o omom>O
mCi)sxX
°Ozmcn
ci)zmoz
;o H
< n 13 77,
_
* Oz r
O
coH m 0
O m>-1D
Xm0
D > m z
zzH
0
Land Consultants Inc.
P.O. Box 314 - - - Eagle, Idaho 83616 - - - Phone 208-939-7444 - - - email: markleebutler@gmail.com
February 9, 2017
RE: Eagle Center Properties MSP Mod
Dear Board Members,
Please consider the following strike through and underlined text changes to the Staff
recommended Site Specific Conditions of approval. We will explain our reasoning at the
Hearing.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. All signs shall comply with the master sign plan criteria for Eagle Center as required herein.
2. The following document titled "Master Sign Plan for Eagle Center, 610-625 East State Street" shall
be the master sign plan criteria for Eagle Center.
Master Sign Plan Criteria for
Eagle Center
601- 625 East State Street
This sign program is designed to promote harmony and compatibility for signage within Eagle Center
and will be strictly enforced by Landlord.
1. As tenants change or new signs are proposed, each such tenant shall be required to submit
signage plans to the Landlord for written approval. A City of Eagle sign application,
accompanied by the written approval of the Landlord, shall be submitted to City staff for any
proposed signs for City staff review and approval. All signs shall be in compliance with the
criteria stated herein as well as Eagle City Code. In cases of any conflict between Eagle City
Code and the criteria specified herein, the more restrictive requirements shall apply.
Building Wall Signs (not located under the three (3) hip architectural roof projections)
1. It is acknowledged that, from time to time, lease space areas are modified and therefore precise
locations of building wall signage cannot be determined until a lease space tenant is secured.
Therefore, all building wall signs shall be installed in a coordinated manner with specific
locations to be approved by the Landlord and City of Eagle Staff at the time a tenant building
wall sign is proposed.
2. The total square footage of building wall signage permitted for the entire frontage of the building
is 464-square feet based upon the "Area of the Building Face" being 4,644 square feet (258 feet
long by 18-feet high) and the Eagle City Code allowing 10% of the Area of Building Face for
building wall signs. The building wall signage square footage for all tenants shall all be added
together and shall not exceed 464-square feet. All building externally illuminated wall signs shall
be 2' high by 8' wide_
3. All building wall signs shall be externally illuminated, except as provided for in item 10 below.
The existing floodlighting fixtures are 8-feet wide with two (2) 4-foot long 3000 3500 kelvin, -1-8
Page 1 of 5
39 watt, LED bulbs. It is acknowledged that the Landlord, in the future, would like the option to
change the bulbs, and possibly fixtures if necessary, to a more energy efficient lighting, ie: LED.
At that time any said fixture cut sheets and illumination style, wattage and other bulb lighting
criteria, shall be submitted to the City of Eagle for staff level review and approval prior to any
change.
4. All externally illuminated building wall signs shall use identical Copper colored square tube
framing with decorative HDU embellishments.
5. Sign background panel colors, (except as provided in 6 below) shall be restricted to:
Dark Blue — RAL 5013
Brown — RAL 8016
Dark Orange — RAL 8023
Dark Yellow — RAL 1032
Blue B.M. admiral blue 2065-10
Maroon B.M. 2104-10
Yellow B.M. 2155-30
Orange B.M. 2167-10
Green B.M. 2141-10
Purple B.M. 2073-20
from existing color palette). Tenants are permitted to use their national or regional corporate
font, logos, and logo colors including for the background of the subject tenant wall sign panel
Alternate background colors on such tenant wall signage shall be subject to Landlord and the City
of Eagle staff level approval, which shall not be unreasonably withheld.
7. Each tenant will be permitted to display the name of their business, logo graphic, business hours
and other pertinent information to their business operation on doors or windows within their lease
space to be approved by the Landlord and to be in accordance with Eagle City Code.
8. Any other temporary signage such as grand opening, etc. shall comply with Eagle City Code.
9. Upon termination of their lease, the tenant or Landlord shall neatly seal all penetrations of the
building wall mounted structure in a watertight condition that matches the texture, color, and
material used in the construction of the building and refinished to match the pre-existing
condition of the building surface.
10.
-berequir-ed-This is redundant as it is already stated in the first sentence below.
-1-b 10. If in the future, the owner decides to update any of the wall signs to a different style (i.e.
reverse pan channel halo illumination, exposed neon) then all signs (not under the three hip
projections) on the building shall be updated to the approved new style at the same time. Any
such proposed changes shall require n modification to the m ste.. sign plan review and approval
by City staff and two members of the Design Review Board and the maximum size of signage
shall be determined by 10% of the face of the building wall elevation. The building wall elevation
shall be determined by measuring the width of the tenant lease space multiplied by a height of 18-
feet.
Building Wall Signs (centered or evenly placed if for two tenants on the three hip architectural roof
projections)
Page 2 of 5
1. The total square footage of building wall signage permitted for the entire frontage of the building
is 464-square feet based upon the "Area of the Building Face" being 4,644 square feet (258 feet
long by 18-feet high) and the Eagle City Code allowing 10% of the Area of Building Face for
building wall signs. The Building wall signage square footage for all tenants shall all be added
together and shall not exceed 464-square feet. All signs centered placed centered or evenly below
one of the three (3) hip architectural roof projections shall have signs that are a maximum of 10%
of the face of the building wall elevation. The building wall elevation shall be determined by
measuring the width of the tenant lease space multiplied by a height of 18-feet. It is
acknowledged that at the time of this application there are 10 tenant wall signs totaling 160-
square feet (16-square feet each) and with this application the Papa John's proposed wall sign is
40-square feet, resulting is a total building wall signage of 200-square feet.
2. All building wall signs centered on the three (3) hip architectural roof projections are permitted to
use halo illumination, non -illuminated, or externally illuminated. Non illuminated and externally
illuminated signs shall have a matte or semi -gloss finish. Externally illuminated signage with be
illuminated with floodlighting permitted through the use of incandescent, LED or high pressure
sodium light sources as specified within Eagle City Code. The existing floodlighting fixtures are
8-feet wide with two (2) 4-foot long 3899 3500 kelvin, 4-8 39 watt, LED bulbs. It is
acknowledged that the Landlord, in the future, would like the option to change the bulbs, and
possibly fixtures if necessary, to a more energy efficient lighting, ie: LED. At that time any said
fixture cut sheets and illumination style, wattage and other bulb lighting criteria, shall be
submitted to the City of Eagle for staff level review and approval prior to any change.
3. Copper colored square tube framing with decorative HDU embellishments is not required for all
signs centered below ene any of the three (3) hip architectural roof projections.
4. Tenants are permitted to use their font, and logo is muted earth tent and colors on the tenant wall
signage, subject to approval by the Landlord and the City of Eagle.
5. Each tenant will be permitted to display the name of their business, logo graphic, business hours
and other pertinent information to their business operation on doors or windows within their lease
space to be approved by the Landlord and to be in accordance with Eagle City Code.
6. Any other temporary signage such as grand opening, etc. shall comply with Eagle City Code.
7. Upon termination of their lease, the tenant or Landlord shall neatly seal all penetrations of the
building wall mounted structure in a watertight condition that matches the texture, color, and
material used in the construction of the building and refinished to match the pre-existing
condition of the building surface.
Monument Sign Tenant Panels
8. The existing 15-foot high multi -tenant monument sign with existing reader board is permitted on
State Street. The monument sign colors shall be as shown on
the exhibit dated February 9, 2017 as presented to the Design Review Board with the panel
background color being as shown but with the top Eagle Center letteringand Monument sign
colors surrounding the background being revised and determined with review and approval of the
applicant, staff and two members of the Design Review Board.
a. Tenant copy will be fabricated from 1/8" thick flat cutout aluminum.
b. Background panel color of the monument sign tenant panels will all be the same cream color
as shown on the exhibit dated February 9, 2017 as presented to the Design Review Board.
c. Tenant is permitted to use their font, and logo in muted earth tone and colors on the tenant
panel.
d. The monument sign is to be illuminated by ground mounted light fixtures that will be
Page 3 of 5
screened by plant material year round or boulders.
e. The landscaping around the base of the monument sign shall be as existing, as approved and
conditioned in Master Sign Plan File DR-48-03 MOD.
f. Tenants are required to obtain written approval from the Landlord to place tenant signage on
the monument sign, prior to submitting a sign application to the City for City staff approval.
9. LANDLORD APPROVAL REQUIRED:
Each tenant must submit two sets of detailed drawings of all proposed signs indicating the
location, size, layout, design, colors, illumination method, materials and method of attachment to
the Landlord for approval prior to submitting for an Eagle City Permit Application and shall
submit a sign application to the City of Eagle for staff level approval.
10. MISCELLANEOUS:
CONTENT - All signage shall be restricted to the identification of the business or primary
services located within the business premises. This may include, name of the business, tag line
and any and all associated trademarks or logos.
CODE COMPLIANCE - All displays and their installation shall comply with applicable City and
State building and electrical codes.
PAINTED SIGNS ARE PROHIBITED - Letters painted directly onto a wall surface shall not be
permitted.
LIGHTING - The following types of signage illumination will be allowed by the Landlord per
Eagle City. Reverse pan channel (neon or LED halo illuminated), exposed neon, or flood lighting
(exact fixture to be approved by the landlord and City Staff). Internal illumination and or backlit
illumination is prohibited.
FABRICATION MATERIALS - All materials and fabrication methods must be approved by the
Landlord prior to the installation of the display. Suggested materials to be used included,
aluminum, stainless steel, brass, painted sheet metal and vinyl over poly or metal.
COLORS- All colors must be muted earth tone color`• and approved by the landlord.
INSTALLATION - Signs must be installed by a licensed contractor. Tenant is required to insure
that any penetrations caused during the installation of their sign be resealed to the specifications
of the fascia or membrane manufacturer warranty.
LEI I ER AND LOGO RESTRICTIONS - Copy and or logos utilized shall be the tenant's choice
and must be approved by the landlord.
EXPOSED ELEMENTS - No exposed hardware or fasteners may be used. No exposed conduit or
raceways will be allowed without the prior approval of the landlord. Raceways may be allowed if
there is determined to be an access issue for the installation of illuminated letters. If a raceway is
required the raceway must be painted to match or compliment the architectural character of the
building on which the display will be placed.
HARDWARE - All exterior bolts, fasteners, clips or other hardware shall be of a galvanized or
coated material. No black iron materials of any type shall be permitted.
PENETRATIONS - All penetrations of the building shall be neatly sealed and kept in a
watertight condition. The number and size of building penetrations shall be minimized. Upon
removal of any sign, the fascia shall be restored to the texture color and finish of the surrounding
wall area at the expense of the owner/occupant.
Page 4 of 5
3.
LABELS - No labels shall be permitted on the exposed surface of the signs except those required
by Federal and local ordinances. Those required shall be applied in an inconspicuous location.
REPAIR OF DAMAGE - Sign user and the user's sign contractor shall be responsible for the
repair of any damage caused by the installation or removal of any signage. Tenant or occupant
has 30 days to repair the damage caused by the sign contractor once contacted by the landlord.
Landlord had the right to repair the damage with a contractor of their choice and seed
reimbursement if the repairs are not completed to the landlord's satisfaction.
permit. The construction materials, tenant panel color and Papa John's element and colors of the
Monument Sign shall be as shown on the exhibit dated February 9, 2017 as presented to the Design
Review Board.
4. Provide a detailed cut sheet of the existing and proposed external floodlighting for the signage
identifying which model, height, wattage, color temp, etc., will be utilized on the building. The color
temp for LED shall not exceed 3000 3500 Kelvin. The revised detailed cut sheet shall be reviewed
and approved by staff prior to the issuance of a sign permit.
5. ,
b >
. The Papa John's
wall and monument sign signage is approved with the colors as submitted to the Design Review
Board.
6. A sign permit is required prior to the installation of any signs on this site.
Page 5 of 5