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HomeMy WebLinkAbout2016-06-07I CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, June 07, 2016 at 6:00 PM6:04 PM 1. Roll -Call Attendance X Anne Little Roberts _ Joe Borton Ty Palmer X Keith Bird Genesis Milam ® Luke Cavener ® ® Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Justin Jordan with Real Life Ministries 4. Adoption of the Agenda 5. Proclamation A. Proclamation for Public Works Week 6. Consent Agenda Approved A. Approve Minutes of May 17, 2016 City Council Special Meeting B. Approve Minutes of May 24, 2016 City Council PreCouncil Meeting C. Approve Minutes of May 24, 2016 City Council Meeting D. Approval of Award of Bid and Agreement to CHALLENGER COMPANIES, INC for the "AUTUMN FAIRE AND MACAILE LIFT STATIONS SCADA UPGRADES" project for a Not -To -Exceed amount of $199,264.00. E. Approval of Award of Bid and Agreement to CONTRACTORS NORTHWEST, INC for the "WRRF DAFT 2 RECOATING PROJECT" for a Not -To -Exceed amount of $76,704.00. F. Sanitary Sewer Easement between the City of Meridian and Sky Mesa Development, LLC within Southern Highlands Subdivision Meridian City Council Meeting Agenda Tuesday, June 07, 2016 — Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Interagency agreement with ACHD for: Water and Sewer Construction at the Intersection of Ustick Road and Meridian Road, and Ustick Road between Linder and Locust Grove Road H. School Resource Officer Agreement with West Ada School District for the 2016-2017 School Year for the Not -to -Exceed Amount of $323,438.00 1. License and Indemnity Agreement with Coastline Equipment for the 2016 Public Works Week Mini Heavy Equipment Rodeo J. Meridian Community Block Party 2016 Sponsorship Agreement Between the City of Meridian and Boise Co-op for a Not -to -Exceed Amount of $1,500.00 K. CableONE Movie Night in Meridian 2016 Single -Night Sponsorship Agreement Between the City of Meridian and Parkview Christian Church for a Not -to -Exceed Amount of $500.00 L. CableONE Movie Night in Meridian 2016 Presenting Sponsorship Agreement Between the City of Meridian and Mountain America Federal Credit Union for a Not -to -Exceed Amount of $3,000.00 M. CableONE Movie Night in Meridian 2016 Single -Night Sponsorship Agreement Between the City of Meridian and Westside Body Works for a Not -to -Exceed Amount of $500.00 N. CableONE Movie Night in Meridian 2016 Sponsorship Agreement Between the City of Meridian and Meridian United Sports Center Academy for a Not - to -Exceed Amount of $500.00 O. Amended Development Agreement for Jump Time (MDA -15-008) with Babcock LLC located near the intersection of E. Franklin and S. Eagle Roads, in the NE 1/4 Section 17, Township 3N, Range 1E P. Development Agreement for Saint Ignatius School - (H-2016-16-0028) with Roman Catholic Diocese of Boise located at 6180 N. Meridian Road, in the NW'/4 of Section 30, Township 4 North, Range 1 East. Q. Findings of Fact, Conclusions of Law for Volterra Subdivision (H-2016- 0033) by Bridgetower Investments, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road R. Final Order for Approval for Bainbridge Subdivision No. 3 (H-2016-0039) by Brighton Development Located Southeast Corner of N. Black Cat Road and W. Vanderbilt Drive Meridian City Council Meeting Agenda Tuesday, June 07, 2016 — Page 2 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ri 0 a S. Final Order for Approval for Shallow Creek Subdivision (H-2016-0048) by A Team Land Consultants Located Southeast Corner of S. Locust Grove Road and E. Franklin Road T. Findings of Fact, Conclusions of Law for Whiteacre Subdivision (H-2016- 0019) by Providence Properties, LLC Located at the SWC of N. Meridian Rd and West McMillan Rd. Items Moved From the Consent Agenda None Community Items/Presentation A. Meridian Arts Commission Budget Amendment Requesting for Spending Authority from Donations Motion approved to allow spending authority for a not -to -exceed amount $5,500.00 B. Presentation by US Forest Service on "Forest Health Project" Motion approved to send a letter of support in regards to the "Forest Health Project" C. Mayor's Office: Resolution No. 16-1145: A Resolution of the Mayor and City Council of the City of Meridian Appointing Nathan Mueller to Seat 8 of the Meridian Development Corporation; And Providing an Effective Date Approved Action Items Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff's report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public's comments. No additional public testimony is taken once the public hearing is closed. A. Final Plat for Brinegar Prairie No. 1 (H-2016-0053) by Challenger Development, LLC Located 2220 N. Ten Mile Road 1. Request: Final Plat Approval Consisting of Forty -Six (46) Residential Lots and Ten (10) Common Lots on 11.9 Acres of Land in the R-8 Zoning District Approved B. Final Plat for Isola Creek No. 4 (H-2016-0050) by Isola Creek, LLC Located North Side of W. Ustick Road and East Side of N. Ten Mile Road Meridian City Council Meeting Agenda Tuesday, June 07, 2016 — Page 3 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 1. Request: Final Plat Approval Consisting of Forty -Five (45) Single Family Residential Building Lots and Four (4) Common Lots on Approximately 28.02 Acres in the R-4 Zoning District Continued to June 21, 2016 C. Final Plat for Birkdale Estates Subdivision (H-2016-0059) by EGC Development, LLC Located Southeast Corner of N. Meridian Road and E. Chinden Boulevard 1. Request: Final Plat Approval Consisting of Fifteen (15) Residential Lots and Five (5) Common Lots on 10.06 Acres of Land in the R-2 Zoning District Approved D. Public Hearing Continued from May 24, 2016: Third Street Square Subdivision (H-2016-0031) by Trenton Seltzer Located East of N. Main Street Between Franklin Road and Pine Avenue 1. Request: Preliminary Plat Approval Consisting of Seven (7) Building Lots and One (1) Common Lot on 1.737 Acres of Land in an O -T Zoning District Approved E. Public Hearing Continued from May 17, 2016 for Maverik (H-2016-0027) by Maverik, Inc. Located 1515 E. Fairview Avenue 1. Request: Annexation and Zoning of Approximately 3.907 Acres of Land with a C -G Zoning District Approved F. Public Hearing for Brundage Estates (H-2016-0001) by L.C. Development, Inc. Located East of S. Linder Road Between Victory and Amity Roads 1. Request: Preliminary Plat Consisting of 366 Building Lots, 20 Common Lots and 1 Other Lot on 136.63 Acres of Land in an R-4 Zoning District Continued to June 21, 2016 G. Public Hearing for 907 NW 2nd Street (H-2016-0040) by City of Meridian Located North Side of E. Pine Avenue, West of N. Meridian Road 1. Request: Rezone of 0.21 Acres of Land from the R-4 Zoning District to the O -T Zoning District Approved Meridian City Council Meeting Agenda Tuesday, June 07, 2016 — Page 4 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. H. Public Hearing for Ashley Manor (H-2016-0043) by Mark Ellison Located 4379 N. Locust Grove Road 1. Request: Annexation and Zoning of 1.22 Acres of Land with an L -O Zoning District Approved I. Public Hearing for Howry Lane Subdivision (H-2016-0030) by M3 Acquisition, LLC Located 5220 S. Howry Lane 1. Request: Annexation and Zoning of 41.07 Acres of Land from RUT (Ada County) to R-8 Zone 2. Request: Preliminary Plat Approval Consisting of 136 Building Lots and 13 Common Lots on 40.46 Acres of Land in the R-8 Zoning District Approved J. Public Hearing for TM Crossing (H-2016-0054) by SCS Brighton, LLC Located Northeast Corner of S. Ten Mile Road and 1-84 1. Request: Modification to the Development Agreement to Include a Detailed Site Plan for Phase 1 and Allowance for up to Three (3) Building Permits to be Issued Prior to Recordation of the Final Plat Approved 10. Department Reports A. Public Works: Budget Amendment for FY 2016 in the Amount of $22,095.75 for the Installation of the Generator Load Bank Equipment Approved B. Police Department: Budget Amendment with Tyler Technologies (New World) RMS Migration for the Not -to -Exceed Amount of $57,700.00 Approved 11. Ordinances A. Ordinance No. 16-1694: An Ordinance (Saint Ignatius School H-2016-0028) of the Mayor and City Council of the City of Meridian Annexation and Rezone for a parcel of land situated in a portion of Government Lot 1 of Section 30, Township 4 North, Range 1 East, Boise, Ada County, Idaho, as Described in Establishing and Determining the Land Use Classification of Said 10.71 acres of Land from RUT to C -C (Community Business Commercial) Zoning District in the Meridian City Code. And Providing for a Meridian City Council Meeting Agenda Tuesday, June 07, 2016 — Page 5 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Approved B. First Reading of Ordinance No. 16-1695: An Ordinance Of The City Council Of The City Of Meridian, Approving The Urban Renewal Plan For The Ten Mile Road Urban Renewal Project, Which Plan Includes Revenue Allocation Financing Provisions; Authorizing The City Clerk To Transmit A Copy Of This Ordinance And Other Required Information To The County And State Officials; And Providing An Effective Date. (Second Reading and Noticed Hearing on June 14, 2016, Third Reading and Possible Adoption on June 21, 2016) 12. Future Meeting Topics None Meridian City Council Meeting Agenda Tuesday, June 07, 2016 — Page 6 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council June 7, 2016 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, June 7, 2016, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Ty Palmer, Genesis Milam, Anne Little Roberts and Luke Cavener. Others Present: Bill Nary, Jacy Jones, Jaycee Holman, Caleb Hood, Sonya, Watters, Josh Beach, Jamie Leslie, Mark Niemeyer, Tom Barry, Clint Dolsby, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X_ Anne Little Roberts X _ Joe Borton X__ Ty Palmer X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener _X Mayor Tammy de Weerd De Weerd: Good evening. Thank you all for being here for City Council meeting. We appreciate you being in attendance. For the record it is Tuesday, June 7th. It's four minutes after 6:00. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. is our Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Justin Jordan with Real Life Ministries De Weerd: Item No. 3 is our community invocation. Tonight we will be lead by Pastor Justin Jordan. He is with Real Lift Ministries. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for being here. Jordan: Thanks, Mayor. Let's pray. Lord, thank you that we are able to gather here tonight, leaders of this community coming together to think how to lead this great city forward in an amazing way and to think back about all those good things that are happening, the growth, the people that are coming that want to be a part of this community and the leadership of the Council. God, I know that with all the different things that are going on in the community the re is a tremendous about of tensions that are involved in that as well and so pray, God, that as Meridian City Council June 7, 2016 Page 2 of 50 leaders of this community come together they would make decisions that are sound and they are wise and the values that make Meridian great, the community forward with the decisions they make. Pray for budget. Pray for the process. Pray for patients and wisdom and pray the people would listen and value one another as the Council moves forward on making Meridian continue to be a great city. We pray for your wisdom, your guidance and we thank you for Jesus and what he has done for us and we pray this all in his son's name, amen. De Weerd: Thank you for joining us. Have I given you a City of Meridian pin, Pastor Jordan? Jordan: No. De Weerd: Can I offer one to you? Item 4: Adoption of the Agenda De Weerd: Item No. 4 is our adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the agenda under Item 8-C the resolution is 16-1145. Item 9-B has been requested by applicant to continue to June 21st, 2016. Item 9-F has been requested by applicant to continue to June 21st , 2016. Item 11-A, ordinance number is 16-1694. And Item 11-B is ordinance number is 16-1695. And with that I move we approve the amended agenda. Borton: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Proclamation A. Proclamation for Public Works Week De Weerd: Our next is a proclamation for Public Works week and in a moment I will ask our director and whoever he would like to join him to come up front, but I will -- I do want to say that this -- this event has happened for five years? Eight? Oh, my gosh. Eight years and it has contributed not only to raising the awareness of what Public Works does in our community and its importance and the really cool part is the staff and how they engage and they show pride in Meridian City Council June 7, 2016 Page 3 of 50 everything they do. But, as well, they get sponsors that, in turn, give back to our community. Over time they have given to the Meridian Food Bank. Last year a donation of almost 2,200 dollars. Our Care to Share program. They donated 440. They have added contributions to other organizations over time and I would just say that staff not only shows pride in what they do for their day-to-day work, they show the pride that they have in our community and that's greatly appreciated. So, if you will join me up at the podium. Seat how easy that was? Barry: I had asked them and they forget they work for me. De Weerd: Okay. So, it is my pleasure to read this proclamation and, then, I will ask our director Tom Barry to give some comments about why you should be involved. Whereas the health, safety and quality of life of everyone in Meridian benefits from the men and women who are always there to provide the dependable delivery of public works services and whereas with 430 miles of sewer lines, 536 miles of water lines and 4,874 active fire hydrants and 1,165 man holes, it is all hands on deck in our Public Works Department to keep the water flowing to our faucets and through out treatment plant and whereas each y ear the Public Works Department goes above and beyond to celebrate public works week with fun activities, such as Public Works Expo, the Poop Scoot Fun Run or walk and Go With The Flow facility tours and whereas Public Works Week raises funds which have helped to financially support the Meridian Food Bank, the Care To Share program and the Meridian Cares program providing needed services and opportunities to the residents of Meridian and whereas the staff and leadership of the Meridian Public Works Department and our Public Works partners understand the importance of the work they perform and are dedicated to serving the number one community in America, therefore, I, Mayor Tammy de Weerd, hereby do proclaim the week of June 6 through June 11th as Public Works Week in the City of Meridian and call upon all of our citizens to acquaint themselves with Public W orks and the tremendous work they do through participating in the various activities of this important week. So, I will present this to our director and ask for his remarks. Barry: Thank you, Madam Mayor. Appreciate that very much. Well, thank you, Madam Mayor. And it's a great honor to do this for the eighth year in a row. It's something that -- I kind of comment on this from time to time. The staff thought I was crazy for putting this week together, but it's not really a new idea, it's something that's been going on since the early 1960s actually. Not in Meridian, but nationally. John F. Kennedy was the actual person who conceived the idea or celebrating the men and women who work so diligently in the field of public works and so he proclaimed National Public Works Week that has gone on ever since that the America Public Works Association has helped to lead. This year's theme is always there. We took that from the national theme. We do celebrate Public Works Week in Meridian a little bit later than they do nationally, mostly for weather considerations and school schedules and those types of things, but there is a lot to really be excited about. Most people don't know what Public Meridian City Council June 7, 2016 Page 4 of 50 Works is and it's hard to describe, so we bring it right to the front of City Hall and we put it right here on the plaza. Tomorrow night we start Public Works Week with a tour and we fill a bus full of folks and take them around to all of our facilities and give them an opportunity to see first hand what it's like to say climb down into a sewer lift station or climb up inside the Meridian water tower, look at a well booster station, those types of things. Really exciting stuff for us, because nobody would ever know. Then on Thursday, the main event, the Public Works Expo takes place on the front of City Hall plaza and goes from 4:00 to 7:00 p.m. and it's just an open house where we bring our equipment, our people, and we show you all kinds of demonstrations. We also partner with the community development staff, who have been great supporters of us to bring bird houses and other things that the kids can build and go through a mock sort of building plan and inspection process, get their certificate of occupancy for the bird houses. We appreciate our donors, Home Depot and others, who help us with that. And, then, Saturday we have the Poop Scoot, which gets a lot of laughs, but really it's all about chasing a -- running after a tennis ball that we drop into the sewer system and people race that all the way back to the was tewater treatment plant. Or they can walk. And the goal is the try to beat the tennis ball back to the wastewater treatment plant where we have all kinds of fun, prices and those type of things. So, really a fun series of events. We are super excited e very year about putting this event on. It's a lot of work, but the staff are just absolutely overjoyed in participating. I want to thank you, Madam Mayor, for your unending support and that of the City Council. Every year you guys have been just so awesome about supporting this and as a token of our appreciation I have your Meridian Public Works Week public works week coins that I would like to give each of you, so thank you again. And with that I would like to just introduce the two staff that are to my right here. This is Mr. Mike Pepin, he's one of our deputy directors that runs the department and Dale Bolthouse, who is also a deputy director of utility operations for us in the department. So, we appreciate them. They are actually new hires. Have been around for just under two years or just over two years now. So, we are grateful to have them join the department. Thank you. De Weerd: Most people don't think about Public Works until it comes pack at you and then -- then you hear, so -- Item 6: Consent Agenda A. Approve Minutes of May 17, 2016 City Council Special Meeting B. Approve Minutes of May 24, 2016 City Council PreCouncil Meeting C. Approve Minutes of May 24, 2016 City Council Meeting Meridian City Council June 7, 2016 Page 5 of 50 D. Approval of Award of Bid and Agreement to CHALLENGER COMPANIES, INC for the “AUTUMN FAIRE AND MACAILE LIFT STATIONS SCADA UPGRADES” project for a Not-To-Exceed amount of $199,264.00. E. Approval of Award of Bid and Agreement to CONTRACTORS NORTHWEST, INC for the “WRRF DAFT 2 RECOATING PROJECT” for a Not-To-Exceed amount of $76,704.00. F. Sanitary Sewer Easement between the City of Meridian and Sky Mesa Development, LLC within Southern Highlands Subdivision G. Interagency agreement with ACHD for: Water and Sewer Construction at the Intersection of Ustick Road and Meridian Road, and Ustick Road between Linder and Locust Grove Road H. School Resource Officer Agreement with West Ada School District for the 2016-2017 School Year for the Not-to-Exceed Amount of $323,438.00 I. License and Indemnity Agreement with Coastline Equipment for the 2016 Public Works Week Mini Heavy Equipment Rodeo J. Meridian Community Block Party 2016 Sponsorship Agreement Between the City of Meridian and Boise Co- op for a Not-to-Exceed Amount of $1,500.00 K. CableONE Movie Night in Meridian 2016 Single-Night Sponsorship Agreement Between the City of Meridian and Parkview Christian Church for a Not-to-Exceed Amount of $500.00 L. CableONE Movie Night in Meridian 2016 Presenting Sponsorship Agreement Between the City of Meridian and Mountain America Federal Credit Union for a Not-to- Exceed Amount of $3,000.00 M. CableONE Movie Night in Meridian 2016 Single-Night Sponsorship Agreement Between the City of Meridian and Westside Body Works for a Not-to-Exceed Amount of $500.00 Meridian City Council June 7, 2016 Page 6 of 50 N. CableONE Movie Night in Meridian 2016 Sponsorship Agreement Between the City of Meridian and Meridian United Sports Center Academy for a Not-to-Exceed Amount of $500.00 O. Amended Development Agreement for Jump Time (MDA-15-008) with Babcock LLC located near the intersection of E. Franklin and S. Eagle Roads, in the NE 1/4 Section 17, Township 3N, Range 1E P. Development Agreement for Saint Ignatius School - (H-2016-16-0028) with Roman Catholic Diocese of Boise located at 6180 N. Meridian Road, in the NW ¼ of Section 30, Township 4 North, Range 1 East. Q. Findings of Fact, Conclusions of Law for Volterra Subdivision (H-2016-0033) by Bridgetower Investments, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road R. Final Order for Approval for Bainbridge Subdivision No. 3 (H-2016-0039) by Brighton Development Located Southeast Corner of N. Black Cat Road and W. Vanderbilt Drive S. Final Order for Approval for Shallow Creek Subdivision (H-2016-0048) by A Team Land Consultants Located Southeast Corner of S. Locust Grove Road and E. Franklin Road T. Findings of Fact, Conclusions of Law for Whiteacre Subdivision (H-2016-0019) by Providence Properties, LLC Located at the SWC of N. Meridian Rd. and West McMillan Rd. De Weerd: Item No. 6 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Borton: Second. Meridian City Council June 7, 2016 Page 7 of 50 De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Items Moved From the Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 8: Community Items/Presentation A. Meridian Arts Commission Budget Amendment Requesting for Spending Authority from Donations De Weerd: So, we will move to Item 8-A under our Meridian Arts Commission. Bodnar: Hello, Madam Mayor and Members of the Council. I'm here to present a budget amendment to you all for the Meridian Arts Commission. The Meridian Arts Commission has received over 23,000 dollars in donations and so we are requesting spending authority for a portion of those dollars. We are only requesting 18,500 dollars for spending authority from those dollars, because that's what we anticipate actually being able to spend this year. That's going towards Concerts on Broadway and traffic box art wraps and they are detailed out in the budget amendment. Are there any questions? De Weerd: Thank you, Hillary. Any questions from Council? Okay. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we that approve the spending authority for the Meridian arts Commission for the -- it's not here. What was the exact amount, Hillary? Bodnar: Well, some of it's already been budgeted as spending authority, so it's 4,573 dollars. Milam: 4,573 dollars. Bird: Second. Meridian City Council June 7, 2016 Page 8 of 50 De Weerd: I have a motion and a second to approve the spending authority under Item 8-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bodnar: Thank you. B. Presentation by US Forest Service on “Forest Health Project” De Weerd: Than you, Hillary. Item 8-B is a presentation on forest -- on the forest health project. Good evening. Curley: Good evening. Thank you so much for letting me come. I came here tonight to talk to you about a project that we are working at the Bogus Basin Resort and the reason why I'm -- De Weerd: Can you state your name? I'm sorry. Curley: Stephanie Curley. With the U.S. Forest Service Mountain Home Ranger District. De Weerd: Thank you. Curley: So, we are working on a project to improve the forest health at Bogus Basin and what you see on the screen right now is actually a picture from the early '90s and this tree -- see if my pointer works here. Am I not doing that correctly? Okay. I just want to draw on it. Okay. Okay. I guess I'm going to draw in red instead. So, this tree that you're looking at right here actually fell on the chair lift while we had skiers in the chair lift and that was in the 1990s. And the reason why that happened is because this tree was subject to a disease and it's dwarf mistletoe. It's a parasitic plant that grows under the bark of trees and in recent years we have seen a major increase in this disease and it's sending out a message to bark beetles that there is a vacancy at the hotel and the buffet is really delicious. So, come on and they come and they attack the trees and, then, we are seeing about anywhere from 50 percent to 98 percent mortality from these insects and disease at the Bogus Basin Resort right now. Technology is going to get the best of me here. I can see this. De Weerd: It doesn't just get you, it gets everyone, so -- Meridian City Council June 7, 2016 Page 9 of 50 Curley: Okay. So, up here in this upper right corner, that's the dwarf mistletoe plant and, like I said, it's infecting a lot of the trees up there and these are the bark beetles that are coming in as a result of that. So, what we are proposing to do is to go through and do some -- a variety of treatments that would improve the conditions here and what you're seeing on this map right here, that is a bark beetle outbreak that was mapped by our forest health team and you can see they are getting closer and closer and this is actually the Bogus Basin resort area. This little piece right here is the Bogus Basin private land. That's where the resort facilities are. The parking lot and the buildings. And, then, everything outside of that in the boundary is United States Forest Service property that they work under a special use permit. So, this is what it's looking like up there right now. You can see the gray and the red trees and it's getting to be an epidemic up there and this picture right here, what you're seeing is right along some of the ski runs -- this is a Nordic trail where you're seeing hazard trees that are a danger to the public. So, that's why we want to work on this project. Okay. so, the treatments we are proposing is a variety of different things from commercial thinning, which would reduce the density of the trees and make it less desirable for bark beetles and that's in this pink color and, then, the other treatments consist of falling hazard trees, which is this color here, and those trees may or may not be left on site and, then, in the green we are -- we are going to do what we call a sanitation salvage and that is taking out the worse of the worse of the dwarf mistletoe trees. The dwarf mistletoe is sort of like -- almost like a cancer. It can happen in different levels and so at lower levels the tree can live for a really long time and maybe ten years from now it's now a moderately infected tree and it's starting to die from the top down and, then, at the very last stage of it your tree is mostly dead up on top and just has a really few heavy branches, because what that parasite does is it takes all the nutrients that are coming up through the root system and directs it right to that branch where the mistletoe is and so the rest of the tree isn't getting the nutrients and it starts dying and, then, you get those heavy branches and, then, they get covered in snow and they start toppling over. So, since Bogus Basin is a pretty large economic driver for Ada County and the Treasure Valley area and actually the state of Idaho, it's pretty important to us that we take care of this insect and disease problem. So, that we have forest up there in the future for the purpose of retaining snow, for wildlife habitat, for the scenic quality of the environment and the recreation experience. In addition to those kinds of treatments we would always be looking at doing some prescribed burning in the area, because that litter on the forest floor and the conditions that were -- exist up there right now would give us a fire that looks like that and we are looking at doing something that looks like that to prevent that. So, this is what the conditions look like right now and that is not a healthy condition for the forest and that def initely is something that bark beetles really love. So, part of the reason why is I need to haul this -- the logs off the hill and that's part of this project that I wanted to really get our feedback on is because if I leave it on the ground that's slash, I am creating more of a fire hazard, I'm leaving that on the ground, and, then, I'm also creating habitat for another bark beetle called Ips and it comes in and it overwinters in that logging slash and, Meridian City Council June 7, 2016 Page 10 of 50 then, it comes out and it attacks all the healthy trees the next spring, so we really want to avoid that problem and haul the material off the mountain to the extent possible, so that we don't end up with another problem. And I don't know how many of you know about what happened at Brian Head Resort in sou thern Utah. Sometime between 15 and 20 years ago they were looking at an epidemic of this spruce beetle of the spruce beetle in their spruce forest and before they could do any treatments the spruce beetle actually wiped out the entire forest. So, they have spent the last decade or so reforesting and keeping snow on the hill with snow fences and trying to keep the resort alive as a result. And there is a reason why the National Interagency Fire Center is in Boise, Idaho, because that's where the vast majority of fires in the nation occurs and so these are the conditions we are looking at and were in this particular area. This map actually shows fires over 300 acres of 1970 to 2007 and you can see it's a very significant problem in southern Idaho and by doing this project we would improve the recreation experience up there. There would be a temporary disruption and we would try to work around that as much as possible, but in the end we will have a healthier forest and something that can exist in perpetuity. Okay. And I have that on automatic switch apparently. So, these pictures show conditions before, what's going on up there right now, and, then, what it should look like. This picture right here is actually what happens when the skiers and snowboarders come along and you get that natural regeneration, it gets clipped off at the top and, then, your trees never grow over two feet tall and they never produce cones and so you're not getting that natural regeneration. So, one part of this project is actually going back in and reforesting where we have -- have taken out that sanitation salvage and that will help retain our forest in the future. But we have to plant with an alternative species, because that -- those two -- the bark beetle and the dwarf mistletoe, those only attack specific species of trees, so we primarily have a Douglas fir forest up there with and where we are seeing our big problem is in the Douglas fir with the Douglas fir dwarf mistletoe and the Douglas fir beetle. So, we would come in and we would plant with an alternate species that is not subject to those disease factors and, then, over time -- and it takes a hundred years to grow a hundred year tree, we will eventually be able to go back in and replant the Douglas fir forest that was there. So, this is really why I'm here. So, in my discussions with the Ada County Highway District about hauling logs through the cities in Ada County, they asked that I come forward to the various different city councils and -- and talk to you about -- about log trucks coming through your community. So, one of the issues that I have up here that prevents me from just dealing with this issue in an easy manner and avoiding coming through the cities is that this timber is so riddled with insect and disea se that it's not very valuable and hauling it north would cost the purchaser, not the forest service, but it's the person, the entity that bids on this timber sale, that cost for road maintenance is borne by that entity. So, there is a very high likelihoo d that this sale would be deficit and I wouldn't be able to sell it and without selling it I can't get the logs off the hill and my only option is to watch Bogus Basin die very slowly. So, that's what I'm trying to avoid. So, we do have -- or at least propose a few different options for hauling logs. But really, essentially, what these logging Meridian City Council June 7, 2016 Page 11 of 50 companies like to do is they like to get to the freeway before 7:00 a.m. to avoid the traffic, to avoid congestion and everything else and they want to get to the mill in a timely manner, because that's how they get paid. So, I'm asking for your feedback and if you would be so kind as to assist with a letter of support, I would very much appreciate that, and I will take any questions you have. De Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, when you talk about driving through our city you're basically talking about driving down the freeway; right? Curley: We are talking about being able to get from down Bogus Basin Road and -- from Bogus Basin Road to the interstate. Milam: What route would that be? Curley: Well, that's something that we are working with ACHD to determine. Now, it could potentially go out to Emmett. It could potentially go to Oregon. Or it could potentially be sold to the mill in Horseshoe Bend or to the mill in Grangeville and the route that they want to take is really going to depend on who purchases it and the way that our program works is that we don't know who is going to purchase it until after we complete our environmental work and, then, we put it up for bid. So, my -- my hope is that we can keep our options open, so that we can take -- hopefully get some proceeds from the sale, so that we can do the restoration work that would replant the forest up there, because that's a big part of this as well. De Weerd: So, it could go down I-84 through Meridian, perhaps Chinden. I imagine those would be the only two routes that would impact our communi ty. Cavener: Madam Mayor? De Weerd: Yes, Mr. Cavener. Cavener: Your option one that would require the route to go through the City of Boise, my question is have you made this presentation to the city of Boise and what was their response? Curley: Yes. Yes. And we, actually, probably would never go down Harrison Boulevard. A logging company is not going to go down there. But -- and, like I Meridian City Council June 7, 2016 Page 12 of 50 said, these are options that we put on the table for discussion and that one has since been ruled out. So, there are -- you know, Cartwright Road over to Highway 55. There is -- the north route would be up Harris Creek and across Harris Creek Summit. However, I don't have easements across the private land, so I'm pursuing that right now as an option, but, a gain, that would be the very most expensive route, which would likely make my sale deficit, so I doubt that a purchaser would go do that one willingly. You know, obviously, there are a lot more routes and these are just a few that have been placed on this map for discussion purposes there are some other options that have been discussed that have been down Bogus Basin Road and over the Hill Road and, then, across 36th and out to the freeway. Cavener: Madam Mayor, follow up? What other municipalities have you made this presentation to and what has been their response? Curley: City of Boise has issued a letter of support. City of Star has issued a letter of support. City of Eagle has issued a letter of support. Who am I missing, Aaron? De Weerd: Garden City. Curley: Garden City. And those are the ones I have spoken to so far. De Weerd: Well, if we want to the pass along the same outdoor Idaho that we enjoy, we need to our future generations, this is something that I for one appreciate you paying attention to and trying to be good stewards of our forest land. This just makes sense. So, Council, I guess the request in front of you is if you would direct a letter of support for my signature or if you would like it to be brought back to have each of you sign as well, that would what we are hoping for. Bird: Madam Mayor? De W eerd: Mr. Bird. Bird: I would move that we draft up a letter of support for Mayor the sign and send to the forest service in favor of it. Milam: Second. De Weerd: I have a motion and a second. Any discussion from Council? I don't know need a voice vote on this, do I, Mr. Nary? Nary: No. De Weerd: All those in favor say aye. All ayes. Motion carried. Meridian City Council June 7, 2016 Page 13 of 50 MOTION CARRIED: FIVE AYES. ONE ABSENT. Curley: Thank you. De Weerd: Let the record not that Councilman Borton is out of the room right now. Thank you so much, Stephanie, for your time. Curley: Thank you. C. Mayor's Office: Resolution No. 16-1145: A Resolution of the Mayor and City Council of the City of Meridian Appointing Nathan Mueller to Seat 8 of the Meridian Development Corporation; And Providing an Effective Date De Weerd: Okay. Actually, Item 8-C is under the Mayor's office, Resolution 16- 1145. Council, in front of you you do have a request to appoint Nathan Mueller to Seat 8 of the Meridian Development Corporation. I would entertain any questions that you might have. If there are none, I would entertain a motion. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we approve Resolution 16-1145. Bird: Second. De Weerd: I have a motion and a second to approve the appointment of Nathan Mueller to the MDC board. Any discussion? Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Oh. You probably don't want to vote, do you? Borton: I will not. I didn't hear your motion. De Weerd: It is all ayes. Again, Mr. Borton has just come into the -- the room. Item 9: Action Items Meridian City Council June 7, 2016 Page 14 of 50 A. Final Plat for Brinegar Prairie No. 1 (H-2016-0053) by Challenger Development, LLC Located 2220 N. Ten Mile Road 1. Request: Final Plat Approval Consisting of Forty- Six (46) Residential\Lots and Ten (10) Common Lots on 11.9 Acres of Land in the R-8 Zoning District De Weerd: Item 9-A is a final plat on H-2016-0053. Beach: Madam Mayor, Members of the Council, this is an applicant -- an application for final plat. Typically these don't come to you if we have received comment from the applicant n support of the staff's report. The reason this is before you this evening is we did not get those comments back before Thursday and the applicant is in support of the conditions of approval. I would be happy to go through it if you would like, but we have a e-mail from the applicant indicating that they are in support of staff's recommended conditions. So, stand for any questions. I can go through it if you would like. De Weerd: Council, any questions? Bird: I have none. De Weerd: I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve H-2016-0053, the final plat for Brinegar Prairie. Milam: Second. De Weerd: I have a motion and a second to approve Item 9-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council June 7, 2016 Page 15 of 50 B. Final Plat for Isola Creek No. 4 (H-2016-0050) by Isola Creek, LLC Located North Side of W. Ustick Road and East Side of N. Ten Mile Road 1. Request: Final Plat Approval Consisting of Forty- Five (45) Single Family Residential Building Lots and Four (4) Common Lots on Approximately 28.02 Acres in the R-4 Zoning District De Weerd: The next item 9-B has been requested to continue. I would need a -- I need a motion for that. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue H-2016-0050 to June 20th, 2016. Milam: Second. De Weerd: I have a motion and a second to continue this item to June 21st. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Final Plat for Birkdale Estates Subdivision (H-2016-0059) by EGC Development, LLC Located Southeast Corner of N. Meridian Road and E. Chinden Boulevard 1. Request: Final Plat Approval Consisting of Fifteen (15) Residential Lots and Five (5) Common Lots on 10.06 Acres of Land in the R-2 Zoning District De Weerd: Item 9-C is a final plat on H-2016-0059. I will ask for staff comments. Beach: Madam Mayor, Members of the Council, this is exact situation of 9-A. We got the staff report out after the deadline on Thursday and so we have received support from the applicant based on staff's conditions of approval. I would be happy to go through it or answer any questions you have. De Weerd: Council, any questions? Bird: I have none. De Weerd: If there are none, I would entertain a motion. Meridian City Council June 7, 2016 Page 16 of 50 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the final plat H-2016-0059 for Birkdale Estates Subdivision. Milam: Second. Cavener: Second. De Weerd: I have a motion and a second to approve Item 9-C. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Public Hearing Continued from May 24, 2016: Third Street Square Subdivision (H-2016-0031) by Trenton Seltzer Located East of N. Main Street Between Franklin Road and Pine Avenue 1. Request: Preliminary Plat Approval Consisting of Seven (7) Building Lots and One (1) Common Lot on 1.737 Acres of Land in an O-T Zoning District De Weerd: Item 9-D is a public hearing continued from May 24th on H-2016- 0031. I will turn this over to staff with opening the public hearing. Beach: Madam Mayor, Members of the Council, this, as you said, is a item that was continued from May 24th for the sole purpose of obtaining testimony from the owner of the property and to get clarification on the width of the drive aisle and for the developer to work with the neighbors on issues regarding fencing and irrigation. With that I will stand for any questions. De Weerd: Okay. Did the -- have you heard from the applicant? Beach: I have. The applicant had indicated that some of those -- a majority of those issues have been resolved with the neighbors. I know that those neighbors are here this evening, so we will likely get some testimony from them. The develop-- the applicant also indicated that the -- the builder and the property owner, I believe, are with us as well to answer questions. Meridian City Council June 7, 2016 Page 17 of 50 De Weerd: Okay. Thank you, Josh. Would the applicant like to make comment? Good evening. If you will, please, state your name and address for the record. Riley: Of course. Penelope Riley. Post Office Box 405, Boise, Idaho. 83701. Thank you for your time this evening. As Josh indicated, the project manager, who is here this evening, has met with Ms. Yost and they are going to -- the project is going to provide her with a full wood fence and they are in agreement on that and it's -- everyone concurs that the irrigation system that was partially torn up with the road construction was not operable. She does have an irrigation system hook up in her backyard now. I have a photograph of it if you need to see that and the CC&Rs for the project will make sure that water is delivered to all the neighbors -- their irrigation water will be delivered per Idaho law and good neighbors, too. So, other than that I don't really have any comments. Mr. Santangilo is here and Mr. Luddington is here. Both are available to answer questions you have. De Weerd: Thank you. Council, any questions for the applicant's representative? Bird: I have none. De Weerd: Thank you. Riley: Thank you. De Weerd: I did have a couple of people sign up. One wished to testify. First we did have Al and Shelly Fleming, who sign up neutral. Karen Rieken signed up as neutral. And Patty Yost signed up as neutral, wanting to provide testimony. Good evening. Yost: Hi, Mayor Tammy, Council, I'm Patricia Yost. I reside at 330 East 3rd Street. In front of the project. Robert and I met today and -- actually, he had given me a phone call after the May 24th meeting and I wrote him an e-mail and told him that I believe that you guys gave both of us grace that night. So, really, I'm up here to say how much I appreciate you. We had two weeks to -- to amend and do the right thing and you guys heard my voice and you cared, which means a whole lot to me. And as far as what did discuss -- a few matters, but, yeah, that the fence would be wood. It would match my neighbor's fence and I'm not sure what that irrigation thing was that she was talking about as far as the city didn't ruin my irrigation, so I'm not -- but Robert is -- the difference I feel like what happened -- when I go passed the school it has a sign there that says it's the builders on how we first want to build your trust and probably this is a lesson to all of us that that's really pertinent, that if that would have been establish from the very beginning we wouldn't be having a third meeting, that all of this could have Meridian City Council June 7, 2016 Page 18 of 50 been avoided and I'm just really hoping and praying from here forward that what is stated and how -- that it will actually happen in the process that was stated to me and just want to thank you guys, all of you, for -- just like I said, giving grace to both of us that night. Thank you. De Weerd: Thank you, Patty. Is there anyone else who would like to provide testimony? Thank you to the project manager and the owner. We appreciate you working with the neighbors. Council, any further information needed from the applicant, from staff, or from any of the neighbors? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Question for staff. Josh, did we get the right width of the road? Beach: It is 20 feet. Cavener: Okay. Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing nothing more, I move that we close the public hearing on H-2016- 0031. Cavener: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve H-2016-0031 and to include all staff, applicant, and public testimony. Cavener: Second. De Weerd: I have a motion and a second to approve Item 9 -D. Any discussion? Madam Clerk, will you call roll. Meridian City Council June 7, 2016 Page 19 of 50 Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: And thank you again for working together. We appreciate that. E. Public Hearing Continued from May 17, 2016 for Maverik (H-2016-0027) by Maverik, Inc. Located 1515 E. Fairview Avenue 1. Request: Annexation and Zoning of Approximately 3.907 Acres of Land with a C-G Zoning District De Weerd: Item 9-E is a public hearing continued from May 17th for H-2016- 0027. I will ask for staff comments at this time. Beach: Madam Mayor, Members of the Council, this is an item that was continued from the May 3rd hearing. The Council continued this item at the last hearing in order for the applicant to work with the city attorney's office on the structure of the development agreement. Council limited the public hearing to -- in this hearing to issues regarding billboards and signage. Staff doesn't really have a whole lot to add to this. I would add that -- reiterate that at our last hearing if there be a mechanism in which if the billboards are allowed to be maintained on the property, that there be some mechanism to allow the Maverick the allotted signage that they would get if the billboards were not there, if that makes sense. A certain amount of signage is allowed, but the billboards effectively use up all that signage, so -- with that if you have any questions. De Weerd: Council, any questions? Bird: I have none. De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, myself and Ted Baird from my office have been in a couple of conference calls with the attorney from Maverick. They are proposing -- they are proposing creating a termination agreement that I would like the city to be a part of, so that we have a way to track the future use on this property. One of the things that they were going to come and talk about tonight was some financial incentives that's going to be part of that agreement to assure that these signs get removed in ten years. The signs were renewed for the ten year period. The suggestion from Maverick's counsel is the termination Meridian City Council June 7, 2016 Page 20 of 50 agreement that would go into effect now that could, then, be recorded against the property that would make it clear that the signs are not going to be renewed and they are going to be removed at the end of the ten year period and so I think we can work through the -- the language with them. I think we can move this project forward at this point if it's -- if it's acceptable to Council and, like I said, when I contacted Mr. Schofield he said their representative Mr. Meyers I think is here tonight, would talk about that financial piece and how they would make that work . It wasn't financially feasible to buy out the agreement because of the ten year period, but we talked about bonds and a letter of credit, some type of surety or something of that nature. Part of it is I think -- I guess in our opinion is if you have some kind of financial instrument tied to that agreement that has to be renewed periodically, it reminds everybody that this going to happen versus something that gets put in a drawer for ten years and, then, someone has to remember at that point in time to effect -- to make something happen. But we are ready -- we are okay with where we are at. I think we can work through any issues both in a DA or a termination agreement or both on this project. So, we have no objections of moving it forward and if it's acceptable to Council, barring the one question on the financial piece. De Weerd: Thank you, Mr. Nary. Is the applicant here? Good evening. If you will, please, state your name and address for the record. Meyers: Good evening, Mayor and Council. My name is Todd Meyers. I'm with Maverick Incorporated. We are located at 185 South State Street in Salt Lake. As we have looked at this there is a couple of different issues that, of course, we want to make sure that we cover with it. First of all, I think notice going out and having that notice there for future property owners that when they buy this property they would know about these commitments and so the first thing that we are proposing is we in -- let me back up just a little bit. A lot of these sign companies are pretty good in making sure they protect themselves by not allowing you to do a notice of termination more than just a few months in advance of it expiring. That is not the case on this one. So, there is no reason why we couldn't put that notice out today and be able to have it, then, part of the public record and what we would propose on that is that it would be basically in three different areas. The development agreement we would have it inside the Maverick lease and the important part of that is we are leasing the property where two of those signs are and so we will address this issue there. Those two signs are on the main frontage there and I think the more desirable frontage Fairview and so they cannot turn around and basically release the property that we are leasing and so when that ten years comes up they have no right to additional income off of that frontage beyond our lease. And, then, the third part of that -- and we do this quite often is to record a memorandum of lease. It just gives everybody notice that we are the lease holders on that property and we will not allow you to double lease the property from us. So, that -- those were the three things we talked about there. The agreement itself, it would include that there would be no extensions, no new leases, and that those signs would have to Meridian City Council June 7, 2016 Page 21 of 50 come down within 30 days. Now, how would they come down? What we are proposing is that we would do a letter of credit and so Maverick would be the -- who would put up a letter of credit for the benefit of the city and so if they were not down in 30 days, the city would be able to use that fund to go take those signs down themselves. We will, of course, then, cover ourselves in our lease that if that money does get used by the city to take down those signs, well, we are going to deduct it from rent and so we will make sure our interests are protected on that, too. I think that covers everything -- anything and everything. Having a hard time speaking today. Sorry. Happy to stand for questions. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. Meyers: Thank you. De Weerd: I did have one person signed up and Les -- I'm not even going to attempt your last name. So, please, join us. Thank you for being here. If you will, please, state your name and address for the record. McNault: Les McNault. 1680 Beardon Court, Meridian, Idaho. De Weerd: Thank you. McNault: Madam Mayor, Council Members. Meridian is my town. I love this town. I have been here since about 1980 and the project that's moved forward this evening has become the demise of my business. I lease or rent from the owner of the salvage yard and with this moving forward that building will be razed and I just wanted to say thank you to the City of Meridian for allowing me to be there for the last ten years. I have found a nitch -- or I found a nitch there and was able to survive and provide good, honest mechanical pro repair on vehicles to this town for the last ten years and a facility really doesn't come up to the expectations of what the city wants, but you haven't really given me any trouble. All the people in Meridian have been wonderful. This is just a way to say thank you to the city for letting me be there for the last ten years and I look forward to maybe coming in front of you again at that near future to propose a shop in this town. I want to stay in Meridian, because this is where I live and Meridian really deserves an honest repair shop, so I just wanted to say thank you. De Weerd: Well, thank you. We appreciate you being here. McNault: Thank you. Meridian City Council June 7, 2016 Page 22 of 50 De Weerd: This is a public hearing. Is there anyone else who would like to provide testimony on this item? So, there is two businesses. The guy that's out there with the Air Quality emissions testing van and this gentleman, but it will be replaced with another business and that corner will be cleaned up. Council, any questions for the applicant? For staff? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Question for Mr. Nary. Bill, can you refresh my memory? Is there a case where someone has chosen to annex into our city and been grandfathered privileges over a decade or a decade? Nary: Madam Mayor, Members of the Council, Council Member Cavener, I will give you the legal answer. Kind of. Sort of. We have had a few occasions we have annexed properties -- agricultural property comes to mind on Locust Grove that did acquire services and was not required to annex until they were re to resubdivide, but for an existing use or a non-conforming use, no. It was just an agricultural piece that was going to continue to farm. Other than that I can't think of any other ones that come to mind in the last 14 years. Cavener: Thank you. De Weerd: Well, until they either subdivided or we give a time frame. Nary: Right. De Weerd: As I recall. Nary: Yes. That's correct, Madam Mayor. De Weerd: Any other questions? Does the applicant have any final remarks? Okay. Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we close the public hearing on H-2016-0027. Bird: Second. De Weerd: I have a motion and a second to approve -- to close the public hearing on Item 9-E. All those in favor say aye. All ayes. Meridian City Council June 7, 2016 Page 23 of 50 MOTION CARRIED: ALL AYES. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve the annexation and zoning of approximately 3.907 acres on H-2016-0027 and with all staff, applicant and public testimony. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-E. Discussion from Council. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I just want to reiterate my comments from our meeting a weeks ago. We are setting I think a very dangerous precedent in our community by allowing a nonconforming use to exist for over a decade. When these signs come down we will have had three presidential elections. Councilman Palmer, your kids will be in middle school and my kids will be in high school. Mr. Nary will be retired drinking pina coladas by the time those things come down and I -- I think that we as a community have values, that's why Maverick has selected this community to open up another location and I think that we as a community need to stand on our values and if there is a benefit to annexing in Meridian we need to stand on those values. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, I agree that we are setting a precedent that if you billboards on a junkyard we are willing to let them stand, so that we can have a beautiful Maverick instead of a junkyard. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I will chime in on this. I agree, I don't like that we are allowing these signs to remain. However, I don't like the alternative even more, which is -- like Councilman Palmer said, just having the junkyard, we can't get rid of the s igns. We they are either going to be there for ten years -- either way we may as well have a nice business, you know, that really benefits our community and hope Meridian City Council June 7, 2016 Page 24 of 50 that nobody else tries to put signs up on their property, so they can get grandfathered in. Cavener: They will. The absolutely will. De Weerd: Well, I guess as Council deliberates, we look at what is in the best interest of our community and we can stand on principal and be concerned that we are allowing a grandfathered use -- until the lease expires and have a junkyard there for ten more years or we can do a number as a mitigation as the applicant has stated and -- and have a grandfathered use until the lease expires. I think as Mrs. Milam stated, the better of the choice is to clean up that corner. Not very many of our citizens recognize that that's not in our city and there are issues out there and it's hard to mitigate. I think our -- our public safety agencies would appreciate getting rid of all these enclaves to help clean it up and make the cleaner for even delivering our service to. So, I think the -- the gain is certainly outweighs the -- the issue and I would agree with Mr. Palmer, I think you can -- can frame this -- I have agreed with you before. Palmer: To adjourn. De Weerd: But I just think that -- that we are not going to have too many junkyards with -- with billboards on it to set a precedence for, so -- Council, any further discussion on this? Palmer: Madam Mayor, just a question. I wasn't fully paying attention d uring the making of the motion. When you made it did you include the -- not factoring in the billboard space when it comes to their signage? Bird: She included all -- Milam: Yeah. All staff and applicant -- De Weerd: Yeah. But you never know what that means. I love the all encompassing -- and include everything, unless it conflicts with each other. Milam: Whatever they said. Yeah. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Not to booger it up, but -- De Weerd: But -- Meridian City Council June 7, 2016 Page 25 of 50 Borton: Yeah. But I'm going to. One of the items -- and I apologize for not mentioning it earlier that I -- I don't recall if it was resolved. I don't think it was -- was the reduction or the potential to reduce the 25 foot landscape buffer along the south easement was adjacent to that terrain and I don't recall if the applicant had made an election to specifically request that change? Our motion didn't address it. I don't think that one got resolved and since we are here it's now time to do that, too. Milam: Shall I withdraw my motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Josh, I thought that was resolved. I thought the only reason we had them back this week was strictly the signs and the deal on that. I -- I thought that buffer had been resolved two weeks ago. Beach: So, again, I don't recall whether that was even brought up. I mean that's in the -- it's in the hearing outline. I know that we -- staff had considered that, but it was not something specifically that the applicant had asked for, we just put that in there saying that there is an opportunity to reduce that, but you would need to ask for it and I don't believe that he did ask for it. Bird: He didn't ask for it. Beach: So, now is the opportunity if he wants to ask for it, I guess, is -- is the point for -- I believe for Council Member Borton. There is that opportunity. Yeah. De Weerd: So, Council, you have a couple of options. You can withdraw your motion -- Milam: Madam Mayor, I will withdraw my motion. Bird: Second agrees. De Weerd: Okay. And reopen the public hearing. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move we reopen the public hearing on Item H-2016-0031. Oh, no. Excuse me. H-2016-0027. Palmer: Second. Meridian City Council June 7, 2016 Page 26 of 50 De Weerd: I have a motion and a second to reopen the public hearing on Item 9-E. All those in favor say aye. Any opposed? Cavener: Opposed. De Weerd: Okay. Well, motion carries to reopen the public hearing and ask for the applicant to make comment on the easement question. MOTION CARRIED: ALL AYES. De Weerd: Good evening. Gronbeck: Good evening, Madam Mayor, Council. My name is David Gronbeck. 802 West Bannock, Boise, Idaho. I'm here on behalf of the property owner and we do request a reduction in the landscape buffer on the south of property. We also would request that the signage that is currently on the property now be included in the overall signage allotment for the property. The plan -- the plan will be to subdivide this property as well. Beach: So, Madam Mayor, Members of the Council, if you look at the site plan here, they -- in this plan had indicated that there is a 25 foot -- this isn't a landscape plan, but all indications show that they have included that in their plan. I can't speak for the applicant, but I would assume that he would be amenable to reducing that to five feet. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: And that presumes that that buffer is encumbered by an easement. Beach: Correct. Borton: Okay. Beach: So, then, that would be an additional five feet outside of the irrigation district's existing easements, if that makes sense. Instead of the 25, which would normally be required outside of that easement. Borton: Okay. De Weerd: So, Josh, how much would that be from the waterway to -- what kind of buffer would that be? Including the easement. Meridian City Council June 7, 2016 Page 27 of 50 Beach: I'm not sure I know offhand how wide that easement is at that point. that's something we would have to look into. This is -- I believe this is just their site plan and I'm not sure that it's going to be one hundred percent accurate as far as the width of that easement. That's something that we would need to take a look at as far as when they come forward with a preliminary plat we wou ld need to make sure we know how wide that is and attack it at that point. So, having said that, if they are going to come forward with a preliminary plat, they could ask for that reduction at that time or now. It's really, truly up to you. I wasn't on e hundred percent certain that they were going to come forward with a preliminary plat up until now, so that's why we included that in the staff report. De Weerd: And it almost would be cleaner and you would know more about the potential or requested use if they come back and ask for it then. Beach: Absolutely. Yeah. This -- this is -- I believe this is strictly conceptual at this point, this layout for this southern portion, so fine tuning that a little bit later would probably be a better idea. De Weerd: So, both your requests pertain to the southern piece? Gronbeck: Well, I think actually it pertains to the -- the landscape reduction to the area along the irrigation easement to five feet, but I would think the signage -- my request for that would be for the entire property. De Weerd: And what is your request on the signage? Gronbeck: Well, what we are hoping is that -- you know, because we, obviously, want Maverick to have their typical signage and that's -- it's been pointed out by Josh, you know, the signage that is on the property takes up all the allotted signage. So, what we are requesting is that the signage that is there now is not included in our allotment. De Weerd: Didn't your client cause this problem to begin with by renewing the lease? Gronbeck: Well, he didn't technically renew the -- I mean the lease was automatically renewed. It wasn't something -- it was ten years ago that he signed that lease for an automatic renewal -- De Weerd: Oh, it did have an automatic renewal? Gronbeck: It had an automatic ten year. It wasn't a -- it wasn't a deal where you signed or we wouldn't be here. I was able to terminate the lease on the corner billboard, because it didn't have an automatic renewal, so that will go, you know, ASAP. Meridian City Council June 7, 2016 Page 28 of 50 De Weerd: Makes sense. Gronbeck: Any questions? De Weerd: Any questions, Council? Thank you. Gronbeck: Thank you. Borton: Madam Mayor? So, is the determination of a landscape buffer to be addressed at a later date -- at a plat date or -- De Weerd: That -- you have a choice, so -- address it now or address it when the plat comes in for that piece. Borton: You don't know the -- you don't know the dimensions of the easement? Beach: Correct. De Weerd: And that's why it would make sense to defer it. Yes, sir. Meyers: Todd Meyers, Maverick Incorporated. 185 South State Street, Salt Lake City. Just two things real quick. First of all, the signage -- thank you for bringing that up. Obviously signage is very important to our b usiness, so if the billboards could not count against that it would be important for the function of our store. The second thing is -- I hope I can address this. During the -- after the hearing had closed there was a couple of comments that were made. T he first one is, okay, are you going to just now open it up for all issues to be grandfathered coming into the city. It's not like these billboards just went up six months ago and they decided, hey, let's get this set up so we can get this cash coming in and, then, we will go annex and get all the benefits of the city. These are long standing billboards and so I think that is different than just six months. The other thing is we are going to clean up a lot of nonconformity issues, including one billboard is gone. Another one goes away, but the big one is the salvage company itself, that eye sore and along with the metal fence that kind of screens it. And, then, there is also the potential of the soil being contaminated with that type of business there. Our business is one where DEQ highly regulates our facilities -- our tanks mainly. And so this will be built to today's standards. The other thing would be time. And I realize ten years is a long time, but I got to share with you a discussion that I had yesterday. We have a real estate agent that we use quite a bit in this area and as we were walking out of planning commission in Boise last night he said, well, what have you got going tonight and I told him that we have this property in Meridian. He said, oh. I proposed that property to Maverick eight years ago and you guys decided that it wasn't worth the hassle with the billboards. If we would have went after that hassle, those billboards would have went down 12 month ago. So, yes, it is a long time, but it's going to come and so I would hope that you would support us. Meridian City Council June 7, 2016 Page 29 of 50 Either way Maverick is very much pro Meridian and whether we get this site or not, we will continue looking for other sites within your city. Thank you. De Weerd: Well, where were you eight years ago? Milam: I know. De Weerd: Thank you. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Thank you. Madam Mayor, Members of the Council, if it would help on the south boundary issue, I think the Mayor has hit on it, that waiting until that is an actual project, rather than a proposal, my assumption, which is I'm pretty comfortable with, is that there is probably a prescriptive easement for the district and they don't have a defined -- they have a defined easement boundary that may or may not be recorded anywhere, but when the property is going to be subdivided and used for some project, they will clarify where the boundary is. So, at that point it would probably make more sense to decide where the buffer needs to be five feet or 25 feet when you actually have a project in front of you, rather than now. At this point my guess is that the district is not interested n establishing a boundary, because there is nothing that's impeding their -- their facility. So, that would -- if that helps in making sense why maybe waiting on that particular piece would make some sense. I just thought I would add that. De Weerd: Thank you. Anything further on this item? Josh, anything? Beach: I don't have anything, no. We kind of worked pretty hard to get the development agreement where we saw it needed to be with this one and you have seen our conditions, so you know where -- where staff stands, but leave that to Council to make decision, so -- De Weerd: Thank you. Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we close the public hearing on Item H-2016-0027. Palmer: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. Meridian City Council June 7, 2016 Page 30 of 50 MOTION CARRIED: ALL AYES. De Weerd: Mr. Borton. Borton: Madam Mayor? De Weerd: Yes. Borton: I would move that we approve Item H-2016-0027, tabling for a later date the discussion with regards to the landscape buffer to the south, but to insure incorporation into the development agreement and a recorded memorandum and the notice of termination, all of those triggers that Mr. Nary and the applicant have stated to insure that the billboard signs currently on the property -- the leases are terminated at the end of their existing term and that the applicant provides to the city as part of this process the appropriate financial security and letter of credit to insure there is resources available for their removal at the end of the term and that the available signage exclude the existing billboards while they exist for the property. Palmer: Second. De Weerd: I have a motion and a second to approve Item 9-E. Any further discussion from Council? Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, nay; Palmer, yea, Little Roberts, yea. De Weerd: The ayes have it. MOTION CARRIED: ALL AYES. F. Public Hearing for Brundage Estates (H-2016-0001) by L.C. Development, Inc. Located East of S. Linder Road Between Victory and Amity Roads 1. Request: Preliminary Plat Consisting of 366 Building Lots, 20 Common Lots and 1 Other Lot on 136.63 Acres of Land in an R-4 Zoning District De Weerd: Item 9-F is a public hearing for H-2016-0001. The applicant has requested to continue this item to June 21st. I will open the public hearing and, Council, I would request your consideration for their request. Bird: Madam Mayor? Meridian City Council June 7, 2016 Page 31 of 50 De Weerd: Mr. Bird. Bird: Mr. Bird, I move that continue H-2016-0001 to June 21st, 2016. Borton: Second. I have a motion and a second to continue Item 9 -F to June 21st. All those in favor say aye. All ayes. Motion carried. Let the record note that Mrs. Milam was out of the room. MOTION CARRIED: FIVE AYES. ONE ABSENT. G. Public Hearing for 907 NW 2nd Street (H-2016-0040) by City of Meridian Located North Side of E. Pine Avenue, West of N. Meridian Road 1. Request: Rezone of 0.21 Acres of Land from the R-4 Zoning District to the O-T Zoning District De Weerd: 9-G is a public hearing for H-2016-0040. I will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for a rezone. This site consists of .27 of an acre of land, zoned R-4, located at 907 Northwest 2nd Street. This property was rezoned in 2003 to R-4 and a conditional use permit was approved for a multi - family development which exists on this property. The Comprehensive Plan future land use map designation is Old Town. The applicant has applied for a rezone of .27 of an acre of land from an R-4 to the OT zoning district, consistent with the future land use map designation for this property. The reason for the rezone request is that the Public Works Department will be installing a new sewer line in Northwest 2nd Street and abandoning the old sewer line in the alley between Northwest 2nd and Northwest 3rd Streets. The sewer service for the properties along Northwest 2nd Street will be rerouted to flow into the new sewer main in Northwest 2nd Street. The new sewer service cannot be installed to serve 921 Northwest 2nd Street entirely within the property lines of that property without causing damage to landscaping and disruption to tenants. Therefore, the property owner has requested that the sewer service line to the building at 921 Northwest 2nd run through the subject property, which is under common ownership. In order to do this the subject property must be rezoned to the same zone as the adjacent property, then, a property boundary adjustment can be applied for to combine the two parcels into one parcel. Once the rezone ordinance is approved, the applicant plans to submit and obtain approval of an application for a property boundary adjustment to combine the parcels. Because no development is proposed with this application, staff did not recommend a development agreement is required as a provision of the rezone. The Commission recommended approval of the subject rezone request. No one testified at the hearing and no one submitted written testimony. There were no Meridian City Council June 7, 2016 Page 32 of 50 key issues of discussion by the Commission or any outstanding issues for Council. There has not been any written testimony since the Commission hearing. Staff will stand for any questions. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Is the applicant here? Watters: The applicant is the city, Madam Mayor? De Weerd: Oh. Sorry. Watters: Clint can stand for any questions you may have on this. De Weerd: Good point. Any questions? Bird: I have none. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing none, I move we close the public hearing on H-2016-0040. Borton: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve H-2016-0040 with staff comments. Cavener: Second. De Weerd: I have a motion and a second to approve Item 9-G. Any discussion? Madam Clerk, will you call roll. Meridian City Council June 7, 2016 Page 33 of 50 Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. H. Public Hearing for Ashley Manor (H-2016-0043) by Mark Ellison Located 4379 N. Locust Grove Road 1. Request: Annexation and Zoning of 1.22 Acres of Land with an L-O Zoning District De Weerd: Item 9-H is a public hearing for H-2016-0043. I will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next application is a request for annexation and zoning. This cite consists of 1.22 acres of land, zoned RUT in Ada County, located at 4379 North Locust Grove Road on the west side of North Locust Grove south of East McMillan Road. The Comprehensive Plan future land use map designation is mixed use neighborhood with a neighborhood center overlay. The applicant has applied for annexation and zoning of 1.22 acres of land, with an L -O zoning district, consistent with the future land use map designation for this site. There is an existing home on the northern portion of this site, as you can see on the aerial there. It is proposed to remain until phase two is commenced, which the applicant expects to be in October of 2017. At that time the home will be demolished. Until that time the applicant requests approval to continue to use the home as a residence, as a rental home, so that it's not left vacant. Additionally, the owner requests approval to not hook the house up to city water and sewer services, since it will be demolished in the future. Because residential use of the property is a prohibited use in the L-O zoning district, staff recommends the residential use, as well as the access via Locust Grove cease upon approval of the annexation ordinance. Continuance of the residential use would be considered a nonconforming use in the L-O district and as such would be subject to the standards listed in UDC 11-1B-4. The applicant proposes to develop the southern vacant portion of the site with a new office building or expand the existing office building on the adjacent parcel to the south by the summer of 2017. The conceptual development plan is before you, along with the conceptual building elevations for the future office building proposed to be constructed on the site. The building is proposed to be similar to the building on the adjacent property to the south under the same ownership there on the corner. The Commission did recommend approval of the subject annexation and zoning request. Mark Ellison testified in favor. The applicant. Gerald Clark testified in opposition. Written testimony was received from the applicant Mark Ellison in Meridian City Council June 7, 2016 Page 34 of 50 response to the staff report. The only really issue of public testimony was the generation of more traffic on Locust Grove Road from development of this site. The Commission discussed that they were in support of the residential use of the existing home terminating at the time of annexation ordinance approval as recommended in the staff report. There were no changes to the staff recommendation. There are no outstanding issues for City Council. Staff has not received any written testimony since the Commission hearing. Staff will stand for any questions. De Weerd: Council, any questions? Bird: I have none. De Weerd: Is the applicant here? Good evening. Ellison: Good evening, Mayor, Council. My name is Mark Ellison. I'm an employee of Ashley Manor. The address of Ashley Manor is 4334 North Bright Angel Avenue in Meridian. Ashley Manor has reviewed the recommendations of the Planning and Zoning Commission and has undertaken steps to have the building -- the residence that's on the -- on the site removed and so as part of our development plan we will agree to remove that building, so we do not need to have an exception to let that continue to be rented. Staff has been very helpful and we appreciate their assistance in discussing and considering alternatives. That we will follow the recommendations and are at this point in agreement with them. Are there questions that I can answer? De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Thank you so much. Ellison: Thank you. De Weerd: This is a public hearing on Item 9-H. Is there anyone who would like to provide testimony on this item? Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on H-2016-0043. Borton: Second. De Weerd: I have a motion and a second to close the public hearing on Item Meridian City Council June 7, 2016 Page 35 of 50 9-H. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the application on H-2016-0043, Ashley Manor, for annexation and zoning of 1.22 acres of land with an L-O zoning district and to include all staff, applicant and public comment. Borton: Second. De Weerd: I have a motion and a second to approve Item 9-H. Any discussion from Council? Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. I. Public Hearing for Howry Lane Subdivision (H-2016- 0030) by M3 Acquisition, LLC Located 5220 S. Howry Lane 1. Request: Annexation and Zoning of 41.07 Acres of Land from RUT (Ada County) to R-8 Zone 2. Request: Preliminary Plat Approval Consisting of 136 Building Lots and 13 Common Lots on 40.46 Acres of Land in the R-8 Zoning District De Weerd: 9-I is a public hearing on H-2016-0030. I will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Council. The next applications are a request for annexation and zoning and a preliminary plat. This site consists of 40.46 acres of land, currently zoned RUT in Ada County, and is located at 5220 South Howry Lane. The Comprehensive Plan future land use map designation for this site is low density residential. The applicant has applied for annexation and zoning of 41.07 acres of land with an R-8 zoning district. The proposed zoning is consistent with the applicant's request for step up in density from low density residential to medium density residential. The proposed plat consists of Meridian City Council June 7, 2016 Page 36 of 50 136 building lots and 13 common lots on 40.46 acres of land. The plat is proposed to develop in three phases. Lots range in size from 6,000 to 14,076 square feet, with an average lot size of 7,978 square feet. The gross density for the subdivision is 3.36 units per acre, which is consistent with the medium density residential designation if Council approves the step up in density as requested. All lots conform to the dimensional standards of the requested R-8 zoning district. There is an existing home and accessory structures on the site that are proposed to be removed with development. Howry Lane currently provides access to the subject property an d the Hill property to the north via East Amity Road. As a provision of annexation the owner is required to relinquish their interest in the private lane and dedicate right of way in accord with ACHD requirements. ACHD is requiring a road trust to be pro vided for eight feet of pavement and curb and gutter. It is anticipated that the Hill -YMCA property on the west side of Howry Lane will dedicate right of way and construct a portion -- half plus 12 feet of Howry as a public street with construction of the YMCA. The right of way for the remainder of the street is required to be dedicated with this project. A five foot wide detached sidewalk and a 20 foot wide landscape street buffer are required along the east side of the public street. Because this prop erty is only 20 feet wide, the sidewalk and street buffer will need to be provided with development of the hill property on the east side of Howry. The plat is required to comply with the block length standards listed in the UDC. Block 3, which is this block right here, if you can see my pointer, does exceed the maximum block length of 750 feet. Block faces are allowed to extend up to 1,000 feet when a pathway connection is proposed and may extend up to 1,200 feet with Council approval for a block design that is constrained by site conditions, such as a slop in excess of ten percent. The original plan you see here on the left is what was originally submitted with the application. There were some changes made prior to the Commission meeting on this that shows the revisions here in red. There was a pathway that was added here to break up the block length. The proposed block length now is approximately 1,150 feet . The applicant states that there is a slop in Block 3 that exceeds ten percent. This is not a -- the block length of 1,150 does not include the existing block length to the east to the next cross - street in Rockhampton Subdivision, which is another 500 feet. So, I'm going to flip back and just show you that right here. This is the block we are talking about and, then, the next crosses right there. So, Council approval of the proposed block length is required. Access is proposed for the site via two existing stub streets at the east boundary from Rockhampton Subdivision. From future stub streets at the west and south boundary via Hill Century Farm Subdivision and eventually via South Howry Lane, a future collector street from East Amity Road. A minimum of ten percent qualified open space is required to be provided for this development in accord with UDC standards. The applicant proposes 7.03 acres or 17.4 percent qualified open space consisting of open grassy areas over 50 by 100 feet in area and linear open space along the d rain ditch. A minimum of two qualified site amenities are required to be provided. The application proposes to provide a tot lot and a swimming pool with changing rooms on Lot 1, Block 3, and that is this area right here. And a pathway along the Cunningham Lateral as Meridian City Council June 7, 2016 Page 37 of 50 recreational amenities for the development. Cunningham Lateral runs right through this central common area here. The pathway is proposed on the north side. The applicant has communicated to staff that the irrigation district has indicated they don't want a pathway within their easement. The applicant is intending to pursue this further, but does not -- excuse me -- does want to allow wiggle room in the conditions in the event the irrigation district will allow the pathway. The Cunningham Lateral and a drainage ditch bisect this site. The drainage ditch runs to the south through this area. The UDC requires all irrigation ditches, the laterals, canals and drainages to be piped, unless used as a water amenity or a linear open space. The applicant proposes to leave the drain ditch open as a linear open space water amenity. As such it is required to be improved in accord with UDC standards for such. The applicant has submitted ten conceptual building elevations as shown for future homes within this development. Building materials appear to consist of a mix of horizontal and vertical lap and shake siding with stone and brick accents and asphalt shingles. The Commission did recommend approval of the proposed applications. Mark Tate, the applicant, and Gordon Cross testified in favor. No one testified in opposition. Janeene Keating, Herb Naugle, Dennis Nichols, Timothy Brown, all commented on the application. And written testimony was received from Mark Tate, the applicant. Key issues of public testimony. They were in favor of the traffic calming, narrowing of the street proposed West Auckland Street where the proposed development joins Rockhampton Subdivision at the east boundary. Let's go back to this real quick and -- it's kind of hard to see, but it narrows right here for traffic calming coming in and out of Rockhampton and the V, which is right here, where -- excuse me. The site plan here on the right. Where Auckland stubs into South Hillsdale Park Drive. They also had concern that water rights and irrigation are sufficient to serve proposed lots and continue to adequately serve existing property and concern regarding drainage from the development. Key issues of discussion by the Commission were the traffic calming measures within the development for north and south blocks and the UDC requirement for bollard lighting to be provided along the pathway within the common area. Currently bollard lighting is a UDC requirement that may be waived by the director. Commission changed two staff recommendations. They required -- requirement for additional traffic calming to be provided in West Auckland Street at the east boundary of the site between Rockhampton Subdivision and the proposed development as required by ACHD. Outstanding issues for Council: Staff requests a sentence is added to condition number 1.1.1B as follows : If the irrigation district will not allow a pathway to be constructed within their easement, an alternative site amenity shall be provided. Also modify conditions number 1.13G and 1.13H, which reference the pathway along the Cunningh am Lateral. Block 3 -- excuse me. Number two, Block 3 exceeds the maximum block length allowed, 1,000 feet with provision of a pathway. Council may approve block lengths up to 1,200 feet when block design is constrained by site conditions, such as deep slopes in excess of ten percent or a large waterway and irrigation facility. Council may decide to approve the proposed block length or require the applicant to revise the plan to comply with the maximum block length standards Meridian City Council June 7, 2016 Page 38 of 50 listed in the UDC. Lastly, the applicant requests Council approval of a step up in density from low density residential, which is three units or less per acre, to medium density residential, which is three to eight units per acre as allowed in the Comprehensive Plan. No written testimony has been received since the Commission hearing. Staff is recommending approval, as did the Commission, per the staff report with the aforementioned changes. Staff will stand for any questions. De Weerd: Council, any questions for staff? Good evening. If you will, please, state your name and address for the record. Tate: Good evening, Mayor and Council. Mark Tate. 1087 West River Street, Boise, Idaho. 83702. I'm with M3 Companies and I just wanted to say we are happy to be here in front of you. We have been working in the valley for almost a decade now and this is actually our first project in Meridian, so we are looking forward to many more and I think this will show you kind of what kind of project we would like to bring to the city. We typically do higher end projects, move up housing, highly amenitized projects and this project here is will be no different. Forty acres in size and this slide here gives you an idea of where it's located. To the west of the project you have got Brighton Century Farms development. The Hillsdale Elementary School and YMCA is just to the northwest of the site and to the east of the site is the Rockhampton Subdivision. The area just to the north and to the northwest of the YMCA, elementary school site, I believe was rezoned to a mixed use density and zoning from a low density residential use. So, we feel that density of right round three units per acre is appropriate for this site. Thanks. The property has a couple of unique features, as Sonya mentioned in her staff report. There is a slope that runs diagonally through the property. The northwest corner is where the residents currently reside on the property and, then, you can notice there is a drain ditch through the middle of the property. There is a photo of that there, as well as a slope that runs through the property. The drain extends from Rockhampton and exits the property to the west. Rockhampton actually left the drain open as well. We feel these can be a very nice feature for a community when done well, landscaped properly, they become a nice passive open space feature. The Cunningham Lateral is a little bit larger. We would be looking to pipe that and it's -- it's also uniquely at the top of a ridge line, so we wouldn't want any sort of issues that arise from the ditch not being tiled there. Sonya also mentioned in our discussion with the irrigation district, Boise Project Board of Control, that they indicated that they would not like the pathway in their easement. We have done that before in other irrigation districts and they have had no problem with it. They have actually supported it, especially when they are built to a size that can accommodate an access vehicle, so it was a really strange thing when they came back and said we don't want anything but landscaping in the easement. That's why we are making a -- or a request to you now to modify the conditions of approval to remove the requirement for that pathway. However, as Sonya alluded to, we do plan to continue those discussions, as we think it's kind of a nice feature to have, particularly at the top Meridian City Council June 7, 2016 Page 39 of 50 of a ridge line up there, a unique community feature. Skipped one slide. Maybe not. Okay. This is the layout that we submitted originally. You can see that it doesn't include the changes that we made to the streets. Sonya I think described those pretty accurately. The entry to the community was reconfigured. This original design has the entry road T'ing into the park where it really becomes the focal point as you enter the co mmunity. We did push that intersection back, making a cul-de-sac in that area -- we are way out of order. So, this is just a couple of images of what we have done in another community with the irrigation ditch going back to the discussion about leaving the drain open. This is actually the Foxtail Estates community located on Chinden Boulevard right next to the Fred Meyer there that's right across the street from Meridian. This slide shows the changes that we did make to the road right of way. It does change the park layout a little bit. I think -- you know, it's a good and bad thing. We liked our old entry better, but I think that this configuration of Auckland is better for the community. It's not such a straight thoroughfare in the design. Sonya did point out that we do have a pinch point in the road between the neighboring community, breaking up that block length. We have another intersection here where the road T's into Hillsdale Park Drive where there would be another stop sign, so that's as good as you can get as far as traffic mitigation goes and traffic calming. We were also required P&Z and we agreed to add one additional traffic calming device in the stretch roughly located there. We would anticipate doing like a small landscaped island in that location. We think that with those modifications that the block length issue really goes away and we are in the unique circumstance here where we have got a hillside to the north of us and a drain ditch to the south of us essentially forcing the c reation of this long, straight road and so Eagle -- or, sorry, Meridian City Code does allow for block lengths up to 1,200 feet. Given those conditions we fall strictly within those provisions with the hillside, with the drain ditch. They also allow for block length modification when pedestrian crossings are used. We do have one of those on the property line between our property and the Rockhampton property here, so this just breaks down the length of each of those legs of the block length. This does show the Rockhampton segment there. It's 535 feet. Before you get to the neck down at the property line there is another 570 feet. Together that still falls under the 1,200 foot maximum. Then after the T intersection we have got another 560 feet and I just made a couple squiggles there. That indicates that there is a hillside, if you were wondering what that was. This, again, is our previous layout of the entry, I didn't have a colored version done, but I wanted to point some of the amenities that the community includes. We do have a tot lot in the park and this park includes a hillside, which we will be grading and turning into kind of a fun feature for kids to play on in the winter, sledding -- I'm envisioning a lot of grass stains, that sort of thing. It should be a really memorable -- a nice thing to have in there. And, then, at the top of the park right on the top of the ridge line we will have the community pool, a community restroom, it will have views down over the park, actually out to the Owyhees. You can see the Owyhees from that ridge, so it's a really really nice area. We have all of those things. We have the creek that's going to be landscaped and I Meridian City Council June 7, 2016 Page 40 of 50 would like to point out that the project has roughly 18 percent open space, which is far above the minimum of ten percent required by the City of Meridian, roughly seven acres of open space and we just wanted to point out that fact. My request to you -- Sonya mentioned the modifications to the conditions. In her requested change in lieu of the pathway she requested that we make -- we add an additional amenity. What I'm requesting of you is that the project actually already goes above and beyond the minimum two amenities for a 40 acre project. We have the swimming pool. We have the restroom. We have the tot lot. I believe Meridian code allows for 20,000 square feet of landscaping to be counted as an additional amenity. I would just point out we have 140,000 additional square feet of landscaping. That includes passive landscaping, such a s the creek and landscaping along that, plus active landscaping with the park and community facilities there. And so I would just respectfully ask the Mayor and Council to include the provision to remove those conditions -- I believe it is condition 1.1.3G, 1.1.3H, that has to do with the pathway and basically just leave it at that and know that we will continue to work with the irrigation district to try to allow that pathway in the community. And with that I would stand for any questions. De Weerd: Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. Okay. This is a public hearing on Item 9-I. Is there anyone that would like to provide testimony? Okay. Council, any additional questions for staff or the applicant? Hearing none -- to close the public hearing. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we close the public hearing on H-2016-0030. Bird: Second. De Weerd: On that I agree. I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Councilman Cavener is requesting I make a motion. I hope he seconds it. Meridian City Council June 7, 2016 Page 41 of 50 Milam: He's moving that you make a motion. Palmer: So, stop me if I mess this up, because -- Bird: You won't mess it up. Palmer: -- there is some technicalities in there that I'm going to complicate. Madam Mayor, I move we approve H-2016-0030 as presented by the applicant. Period. Is that appropriate? De Weerd: If you get a second it is. Milam: As proposed by staff or -- Palmer: Without the -- I -- De Weerd: I think you're fine if you get a second. Borton: Second. De Weerd: I have a motion and a second. Any discussio n? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, the reason I made it that way is I -- in my long tenure here I have seen a lot of subdivision applications and this is one of the prettiest, with some of the most amenities I have seen and it seems like my colleagues here on the Council really like that kind of thing. Milam: Madam Mayor? De Weerd: And I love hearing pretty come out of your mouth. That's awesome. Ms. Milam. Milam: As I was just about to stay, I just want to thank the applicant for bringing forward a nice development that -- I don't mind doing a step up, because you didn't max it out and you put in extra open space, extra amenities, those are things I love to see. So, thank you. Looking forward to seeing it. De Weerd: Any further discussion? Okay. Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, yea. Meridian City Council June 7, 2016 Page 42 of 50 De Weerd: All ayes. Motion carries. Twice in one meeting, Mr. Palmer. MOTION CARRIED: ALL AYES. J. Public Hearing for TM Crossing (H-2016-0054) by SCS Brighton, LLC Located Northeast Corner of S. Ten Mile Road and I-84 1. Request: Modification to the Development Agreement to Include a Detailed Site Plan for Phase I and Allowance for up to Three (3) Building Permits to be Issued Prior to Recordation of the Final Plat De Weerd: Item 9-J, a public hearing for H-2016-0054. I will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Council. The next application is a request for a development agreement modification. This site consists of 75 acres of land, zoned C-G, located at the northeast corner of Interstate 84 and South Ten Mile Roads. This property was annexed into the city in 2012 with a conceptual development plan and a preliminary plat. The Comprehensive Plan future land use map designation is commercial. The applicant is requesting a modification to the existing development agreement to include a detailed site plan for ph ase one and allowance for up to three building permits to be issued prior to recordation of the final plat. The existing development agreement requires the agreement to be modified to include a more detailed development plan that is consistent with the design elements of the Ten Mile interchange specific area plan prior to submittal of the first certificate of zoning compliance for this site. The conceptual development plan approved with the annexation included in the development agreement is an shown. The applicant's proposed plan for phase one is as shown on this site plan on this slide. A detailed plan for phase two will be submitted at a later date. It's kind of hard to see here, but this is the phase one in this outer boundary. This is phase two here and, then, also this little piece right here. The proposed plan depicts two fixed professional office building sites depicted as shaded areas on the plan, as well as conceptual office and retail building sites. The applicant requests that if future c ertificate of zoning compliance applications for the conceptual office and retail building sites in phase one are generally consistent with the proposed plan that they be approved without further modification of the development agreement. Staff agrees wit h this request. Staff has reviewed the proposed plan for conformance with the aforementioned design elements and found it to be in general conformance. Future development is required to comply with these design standards and elements of the Ten Mile Plan as required in a development agreement. Preliminary plat condition of approval number 2.8 in the findings, which are Meridian City Council June 7, 2016 Page 43 of 50 attached to the development agreement requires the final plat for this subdivision to be recorded prior to applying for a building permit. The applicant could like to obtain up to three permits prior to the final plat being recorded. Because more than one building is allowed to be constructed on the commercially zoned property, subdivision of the property is not typically required in order to apply for building permits. However, in this case a preliminary plat condition of approval was included that required subdivision of the property prior to applying for building permits. The reason for -- the reason was probably for dedication of right of way, which will still need to be dedicated with the final plat, but does not necessarily need to be done prior to issuance of the three building permits requested by the applicant. There are no outstanding issues for City Council. Written testimony has been received from Mike Wardle in agreement with the staff report and staff is recommending approval per the staff report. As a side note, there was an issue that needed Council approval on the street name for this subdivision. There was a -- there is a Verbena Street that currently exists east of this site in alignment with this street right here. The applicant has requested that that not carry through into this development and that Navigator Street be approved instead. The street naming committee is in the process of finalizing the street names for this development and that does depict Navigator, but just as a -- as a -- in satisfying that requirement if Council could just act on that street name staff is in favor of that tonight. Staff will stand for any questions. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Sonya, just for clarification, do you know which three buildings they intend to go up first? Watters: Madam Mayor, Councilman Little Roberts, it's the two in the shaded area here and I am not sure about the third one. The applicant can answer that for you. I think it's this one right here, but they can respond on that. Little Roberts: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Question for you, Sonya. Is this area incorporated or adjacent to the proposed or URD study area? Watters: I am not positive. De Weerd: This is part -- this is in it. Meridian City Council June 7, 2016 Page 44 of 50 Cavener: Okay. Watters: Thank you. De Weerd: Any other questions for staff? Okay. Would the applicant like to make comment? Good evening. Wardle: Good evening, Madam Mayor, Members of the Council. Mike Wardle, Brighton Corporation, 12601 West Explorer Drive in Boise. We are excited, because this area is going to go quickly. We actually intend to -- and this was noted in response to the question that certainly the first two will be the shaded buildings. Four story to the south and a two story to the north. Professional office buildings. The third building will be somewhere to the north of -- well, within that area to the -- between the two. Let's just put it that way. We are still working on specifics with regard to that. That -- the plat may be recorded by the time that occurs, but we still wanted the la titude. And, actually, when the preliminary plat was submitted and approved, the very first slide that Sonya had up actually showed that there were three parcels of record on the site. So, it's really not an issue and, frankly, we are simply complying wi th the requirement that we come back with more detail, noting that, in fact, we will be back probably soon with the phase two layout, because there is a lot of interest in that -- in that site and we expect that to happen quickly. Just would make one note. In the original hearings in 2012 Mr. Turnbull explained this -- this little street name issue -- the fear of the neighborhood in the Primrose Subdivision was that people coming in on Linder Road to Verbena thinking that they could get to a Verbena in this project would bring people into their neighborhood when it does not connect through and that was really one of their great concerns. So, it was a simple solution and it was actually noted in the original hearing record and we simply have -- trying to get that one nailed down permanently. So, if you have any questions be happy to answer. De Weerd: Thank you, Mike. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, Mr. Wardle, should the urban renewal district not be created, would you plan on moving forward with this project? Wardle: Madam Mayor, Council Member Palmer, this project is going forward. There are certainly some facilities and amenities that -- that would be -- that would benefit from the URD, but the project is going to move forward, we are just hoping that it's done in a collaborative basis because the city and the development aspect of it. Meridian City Council June 7, 2016 Page 45 of 50 Palmer: Thank you. Wardle: Mr. Turnbull might have some additional comments. I think you have another item on the agenda shortly relative to that. De Weerd: Okay. Other questions? Wardle: Thank you very much. De Weerd: Thank you. This is a public hearing. I did have a sign up on this item. Chris Lanning. Oh. Is there anyone else who wishes to testify on this item? Turnbull: Madam Mayor, Members of the Council, David Turnbull. 12601 West Explorer Drive in Boise. I will just add a couple of comments to address Council Member Palmer's question. Obviously we have generated a lot of interest in this project because of the city's efforts in putting together the URD. So, everything we have been doing for the last several months in bringing tenants to this site has been based on the intent of that moving forward on everybody's part. So, yes, we do have a lot of momentum, as Mr. Wardle said, but it's in large part because of that, making this project feasible. I will note that this project on the -- that fronts the freeway is our intended new headquarters. We plan on moving Brighton Corporation to the City of Meridian. We are in the final stages of designing a four story building, which I think has been something that staff and the city has always wanted to see out there, so we are excited to kick that off. We also have a couple of other tenants in tow that we will be putting in that building and, then, we are working, as Mr. Wardle said, with some additional tenants, some of which you may be aware of, some of which you probably aren't, but we are working as hard as we can to bring this long anticipated to a r eality, so -- and the other comment I would make that I just mentioned to Sonya in kind of a tongue in cheek e-mail on the street naming of Verbena was that, you know, Brighton Corporation would like to be addressed off of Navigator, not Verbena. It just has a little bit of a cachet to it. So, we would appreciate your approval. Thank you. And I will stand for any questions. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Any other testimony? Okay. Council, seeing none -- Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council June 7, 2016 Page 46 of 50 Bird: I move we close the public hearing on H-2016-0054. Borton: Second. De Weerd: I have a motion and a second to close the public hearing on item 9 -J. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. bird. Bird: I move we approve H-2016-054, a modification to the development agreement to include a detailed site plan for phase one and an allowance of up to three building permits to be issued prior to recordation of the final plat. Borton: Second. De Weerd: I have a motion and a second to approve Item 9 -J as stated. Any discussion? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Are we including the street name? Bird: Yes. Street name stays Navigator. Little Roberts: Thank you. De Weerd: Thank you for that point. Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: Department Reports A. Public Works: Budget Amendment for FY 2016 in the Amount of $22,095.75 for the Installation of the Generator Load Bank Equipment Meridian City Council June 7, 2016 Page 47 of 50 De Weerd: Item 10-A is under Department Reports with Public Works. Clint. Dolsby: Madam Mayor, Member of the Council, in FY-15 Public Works had a budget enhancement of 80,000 dollars approved to install permanent generator load banks at the wastewater resource recovery facility for the generators which would allow us to test the generators on a monthly basis as required to meet national testing requirements without shutting the plant down to test the generators. The budget for this project was allocated in FY -15, but a portion wasn't carried forward to FY-16, so due to this accidental oversight the funds totaling $22,096.75 needs to be reinstated to complete the project. Also wanted to point out that we have bid this project out as well. With that I will stan d for any questions. De Weerd: Thank you, Clint. Any questions for staff? Bird: I have none. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the budget amendment for FY-2016 in the amount of $22,095.75, for the installation of generator load bank equipment. Milam: Second. De Weerd: I have a motion and a second to approve Item 9 -A -- I mean 10-A. Sorry. Any discussion? Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Pa lmer, yea, Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Police Department: Budget Amendment with Tyler Technologies (New World) RMS Migration for the Not-to- Exceed Amount of $57,700.00 De Weerd: Item 10-B is under our Police Department. Meridian City Council June 7, 2016 Page 48 of 50 Leslie: Madam Mayor, City Council, we have a budget amendment in front of you today for 57,700 dollars and this is for the migration of our current records management system from Boise over to our house and side , so it's actually Tyler Technologies, which recently purchased New World. New Word was our -- the company we currently use for our records management system and historically we did all of that with Ada County and Boise city and all of that hardware was housed at Boise city. They have chose a different path and so we are moving that in-house to continue utilizing that same software for our records management system for the time being. With that I would stand for any questions. De Weerd: Thank you. Council, any questions? Bird: I have none. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Seeing none, I move that we approve the budget amendment with Tyler Technologies for RMS migration for the not to exceed amount of 57,700 dollars. Little Roberts: Second. Bird: Second. De Weerd: I have a motion and a second to approve Item 10 -B. Any discussion from Council? Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, yea. De Weerd: All ayes. motion carried. MOTION CARRIED: ALL AYES. Item 11: Ordinances A. Ordinance No. 16-1694: An Ordinance (Saint Ignatius School H-2016-0028) of the Mayor and City Council of the City of Meridian Annexation and Rezone for a parcel of land situated in a portion of Government Lot 1 of Section 30, Township 4 North, Range 1 East, Boise, Ada County, Idaho, as Described in Establishing and Determining the Land Use Classification of Said 10.71 acres of Land from RUT to C-C (Community Business Meridian City Council June 7, 2016 Page 49 of 50 Commercial) Zoning District in the Meridian City Code. And Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date De Weerd: Item 9-A -- or 11-A -- boy, I want to stay on nine. But if you guys want to go -- 11-A is Ordinance 16-1694. Madam Clerk, will you, please, read this by title. Jones: Thank you, Madam Mayor. An Ordinance H-2016-0028 Saint Ignatius School for annexation and rezone of a parcel of land situated in a portion of Government Lot 1 of Section 30, Township 4 North, Range 1 East, Boise, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to C-C (Community Business District in the Meridian City Code. Providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. De Weerd: You have heard this ordinance read by title. Is there anyone who would like to hear it read in its entirety? It's very interesting. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 16-1694 with suspension of rules. Borton: Second. De Weerd: I have a motion and a second to approve Item 11-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea, Litt le Roberts, yea. Call De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. First Reading of Ordinance No. 16-1695: An Ordinance Of The City Council Of The City Of Meridian, Approving The Urban Renewal Plan For The Ten Mile Road Urban Meridian City Council June 7, 2016 Page 50 of 50 Renewal Project, Which Plan Includes Revenue Allocation Financing Provisions; Authorizing The City Clerk To Transmit A Copy Of This Ordinance And Other Required Information To The County And State Officials; And Providing An Effective Date. De Weerd: Item 11-B is ordinance 16-1695. This will be the first reading. Madam Clerk, will you, please, read this by title. Jones: Thank you, Madam Mayor. An ordinance of the City Council of the City of Meridian, approving the Urban Renewal Plan for the Ten Mile Road Urban Renewal Project, which plan includes revenue allocation financing provisions; authorizing the City Clerk to transmit a copy of this ordinance and other required information to the county affected taxing entities and state officials, providing a summary of the ordinance and providing an effective date. De Weerd: You have heard this first reading. Second reading will be on the next Council agenda. Item 12: Future Meeting Topics De Weerd: Council, anything for future meeting agendas? Bird: I have none. De Weerd: Hearing none I would entertain a motion to adjourn. Bird: So moved. Milam: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:07 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TYMY DE WEERD-- DATE APPROVED ORATED AVG ATTEST: �Gope �s JACY JONES, CITY—CLERK— � ID4N0 SEAL • Item #913: Isola Creek No. 4 (H-2016-0050) — Application requests continuance of the item to work with the Parks Department • # Nampa Meridian r#• Irrigation District on issues relating to y r. ..... • Item #9F: Brundage Estates (H-2016-0001) — Applicant requests continuance to June 21st because the site wasn) posted with a public hearing notice sign within the required time frame. Item #9A: Brinegar Prairie Subdivision (H-2016.0053) Application(s): ➢ Final Plat Size of property, existing zoning, and location: This site consists of 11.9 acres of land, zoned R-8, located at 2220 N. Ten Mile Road on the east side of N. Ten Mile Road, south of W. Chateau and North of W. Cherry. Summary of Request: The proposed final plat depicts 46 SFR building lots & 10 common lots on 11.9 acres of land in an R-8 zoning district. All of the lots proposed in this phase comply with the dimensional standards of the district. Written Testimony: Kent Brown — In agreement w/staff report. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0053, as presented in the staff report for the hearing date of June 7, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0053, as presented during the hearing on June 7, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0053 to the hearing date of for the following reason(s): (You should state specific reason(s) for continuance.) Item #9C: Birkdale Estates Subdivision (H-2016.0059) Application(s): ➢ Final Plat Size of property, existing zoning, and location: This site consists of 10.06 acres of land, zoned R-2, located near the southeast corner of N. Meridian Road and E. Chinden Blvd. (Parcel #: R1002730100). Summary of Request: The proposed final plat depicts 15 SFR building lots & 5 common lots on 10.06 acres of land in an R-2 zoning district. All of the lots proposed in this phase comply with the dimensional standards of the district. Written Testimony: Pat Tealey — In agreement w/staff report. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0059, as presented in the staff report for the hearing date of June 7, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0059, as presented during the hearing on June 7, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0059 to the hearing date of for the following reason(s): (You should state specific reasons) for continuance.) Item #9D: Third Street Square Subdivision (H-2016-0031) CONTINUED PUBLIC HEARING FROM May 24' Application(s): ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 1.737 acres of land, zoned 0-T, located on the east side of NE. 3rd Street, north Franklin Road (parcel #R1042150863), History: In 2015, the subject property was granted certificate of zoning compliance and design review approval (A-2015-0034, Third Street Square Apartments) to construct 7 buildings with a total of 28 units. Comprehensive Plan FLUM Designation: 0-T Summary of Request: The applicant has applied for a preliminary plat consisting of seven (7) building lots and one (1) common lot on 1.737 acres of land in the 0-T zoning district. The property has received approved to develop with a 28 unit multi -family development. The multi -family development was approved in 2015 (CZC# A-2015-0090), and conforms to the dimensional standards of the 0-T zoning district and the standards set forth in UDC 11-4-3-27. Access to this site is proposed via an existing access from NE 3rd Street. Cross access agreements are required to be in place to parcels #(s) R1042150852, R1042150870 and R1042150856 prior to certificate of occupancy of the first structure on the site. With the final application, the applicant shall provide the recorded copy of the cross access agreement or add a note on the face of the plat the designates Lot 1, Block 1with a blanket cross access/shared parking area for the proposed development and to the adjacent parcels noted above. As part of the certificate of zoning compliance application in 2015 (A-2015-0090), the applicant has been approved to install a 5 -foot sidewalk along the north side of the drive aisle. A 5 -foot wide detached sidewalk is required to be installed along the NE 3rd Street. Amenities for the proposed development will consist of a clubhouse, a community garden and a children's play structure. These amenities meet the requirements of the UDC. Written Testimony since Commission Hearing: None Commission Recommendation: Approval with conditions Summary of Commission Public Hearing: i. In favor: Penelope Riley ii. In opposition: Al Fleming, Patricia Yost iii. Commenting: Al Fleming, Patricia Yost iv. Written testimony: None v. Staff presenting application: Josh Beach A. Other staff commenting on application: Bill Parsons b. Key issues) of Public Testimony: L Concerns about the limited access to the apartment development. ii. Concerns about continued supply of irrigation water to the surrounding properties. iii. Pedestrian safety entering the apartment complex. iv. S littina of the lots into individual parcels v. Maintenance of the buildinas and who will maintain the property vi. The requirement to provide cross -access to the surrounding parcels for future connectivity. vii. Adequate parking for the apartments. c. Key Issues of Discussion by Commission: i. The HOA for the apartments should maintain the irrigation facility. ii. Ensuring that the color schemed for the apartments are consistent with the surrounding neighborhood. d. Commission Change(s) to Staff Recommendation: I. Add condition 1.1.6 (See condition 1.1.61 e. Outstanding Issue(s) for City Council: I. None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0031, as presented in the staff report for the hearing date of June 7, 2016, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0031, as presented during the hearing on June 7, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0031 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reasons) for continuance) Item #9E: Maverik (H-2016-0027) CONTINUED PUBLIC HEARING FROM May 3'` Application(s): ➢ Annexation and Zoning Size of property, existing zoning, and location: This site consists of 3.907 acres of land, is currently zoned C2 (Ada County), and is located at 1515 E. Fairview Avenue. Adjacent Land Use & Zoning: North: E. Fairview Avenue and commercial property zoned C -G East: N. Locust Grove Road, commercial property and vacant property, zoned C -G and RUT in Ada County South: Single-family residential homes in the Keziah Subdivision, zoned R-40 West: Developed commercial property, zoned C -G History: None Comprehensive Plan FLUM Designation: Commercial Summary of Request: The applicant has applied to annex and zone a total of 3.907 acres of land with a C -G zoning district. As discussed above in Section VII, the proposed zoning is generally consistent with the corresponding FLUM designation of Commercial. The applicant proposes to develop a convenience store and fuel sales facility and future commercial building on the site. A concept plan is included in that shows how the site is proposed to develop with two (2) commercial buildings (5,046 sq. ft. and 4,339 sq. ft.) convenience store, fuel sales facility and associated parking. The south half of the development is slated for future development and the proposed concept plan is only a graphic representation for the how the site could develop in conjunction with the Maverik store. In accord with UDC 11-2B-3, business hours of operation within the C -G zoning district are limited from 6 am to 11 pm when the property abuts a residential use or district. Because a residential use abuts the site at the south boundary, business hours are limited to those stated. Extended hours of operation may be requested through a CUP. Nonconformities associated with the site: Billboards: Currently, the site is developed with four (4) billboards signs (off premise signs) approved in the County. Under the City's ordinance this signs are prohibited and deemed illegal and must be removed within 60 days of annexation into the City. The applicant has requested that Council allow three (3) of the existing billboards to remain on the site to carry out the remainder of the existing lease, which is eleven (11) years. Vehicle Wrecking or Junk Yard: The junk yard use is a prohibited use in the C -G zoning district. Staff recommends that this use cease within 60 days of annexation into the City. Fencing: The site is currently surrounded by steel fencing. This material is not allowed to be used as fencing material per UDC 11-3A-7 and must be removed within 60 days of annexation into the City. Landscaping: Currently, the site does not meet the landscape standards set forth in UDC 11-313. Because this property is slated for redevelopment, any new development proposed for the site must comply with all of these standards. Because this property is a single parcel, the applicant will be responsible installing the entire perimeter landscaping (e.g. 25 -foot wide landscape buffers along Fairview Ave., N. Locust Grove Road and the southern boundary) with the first phase of development. A landscape plan was not submitted as part of this application, however; all landscaping should comply with the standards listed in UDC 11-3B. A 25 -foot wide street buffer is required along N. Locust Grove Road and E. Fairview Avenue which are both considered arterial roads, as well as along the southern boundary adjacent to the R-40 zoning district to the south (Keziah Subdivision). All landscape buffers are required to be landscaped in accordance with UDC 11-313-7C. If desired, the applicant can request Council waiver to reduce the 25 foot landscape buffer along the south. Due to the existing waterway along the south boundary there is a good chance that there is an existing irrigation easement along said boundary. Code allows a 5 -foot wide landscape buffer width outside of the easement where the buffer is encumbered by easements or other restrictions. The property currently takes access from two (2) existing access points onto N. Locust Grove Road and one (1) onto E. Fairview Avenue. Staff supports of the applicant's request to have one right -in, right -out access to N. Locust Grove in alignment with E. Wilson Lane. With development of the property, the applicant proposes to utilize the existing cross access driveway to the west constructed with the Intermountain Outdoor Subdivision (PP -07-003), and will utilize a shared driveway with 1375 E. Fairview, AVE. No direct access to E. Fairview with the redevelopment of the site. The UDC restricts direct access to arterial roadways such as N. Locust Grove and E. Fairview Avenue. ACHD supports the two (2) proposed accesses onto N. Locust Grove Road. UDC 11-3A-3 requires the applicant to seek Council's approval of the other access to Locust Grove Road. A minimum 5 -foot wide detached sidewalk is required adjacent to E. Fairview Avenue, and around all buildings as well as those serving public streets in accord with UDC 11 -3A -17C. Locust Grove Road has an existing attached sidewalk. If additional right-of-way is needed by ACHD adjacent to N. Locust Grove Road, the applicant shall construct a 5 -foot wide detached sidewalk on N. Locust Grove Road. Conceptual building elevations for the future building were submitted by the applicant. Building materials depicted on the plans for the building include stone veneer, rough sawn timber, and board and batten. The future building on this site shall generally comply with the submitted elevations, including but not limited to, the design standards set forth in City of Meridian Architectural Standards Manual (ASM). In summary staff finds the proposed project complies with the future land use map and applicable policies of the Comprehensive plan and the UDC with the conditions of approval listed in Exhibit B. Based on the aforementioned analysis, staff recommends approval of the subject application. Written Testimony since Commission Hearing: None Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Todd Meyers ii. In opposition: None iii. Commenting: David Gronbeck iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons Key issue(s) of Public Testimony: i. None Key Issues of Discussion by Commission: i. The number of access points on Locust Grove ii. Timing of removal of the billboards iii. Mechanism for the city to track the removal of the billboards if the property is annexed with them iv. Possibility of requiring the applicant to bond for the removal of the signs so tht there is more of an incentive to remove them once the leases are up. v. When would the landscaping for he southern portion of the property be installed if only the northern portion of locust grove and Fairview's landscape buffer is installed now? Commission Change(s) to Staff Recommendation: i. Modify condition 1.1.1 F (See condition 1.1.1 F for changes) ii. Add condition 1.1.1L (See condition 1.1.1M for changes) iii. Modify condition 1.1.1C (See condition 1.1.1C for changes) iv. Remove condition 1.1.1J v. Add condition 1.1.1M (See condition 111M for changes) e. Outstanding Issue(s) for City Council: i. None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0027, as presented in the staff report for the hearing date of June 7, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0027, as presented during the hearing on June 7, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0027 to the hearing date of for the following reason(s): (You should state specific reasons) for continuance.) Item #9G: 907 N.W. 2°d Street (H-2016.0040) Application(s): ➢ Rezone Size of property, existing zoning, and location: This site consists of 0.27 of an acre of land, zoned R-4, located at 907 N.W. 2,d Street. History: This property was rezoned to R-4 in 2003 & a CUP was approved for a multi -family development which exists on the property. Comprehensive Plan FLUM Designation: Old Town Summary of Request: The applicant has applied for a rezone of 0.27 of an acre of land from the R-4 to the 0-T zoning district consistent with the FLUM designation for this property. The reason for the rezone request is that the Public Work's Department will be installing a new sewer line in N.W. 2nd Street and abandoning the old sewer line in the alley between N.W. 2nd and N.W. 3rd Streets. The sewer service for the properties along N.W. 2nd St. will be re-routed to flow into the new sewer main in N.W. 2nd St. A new sewer service cannot be installed to serve 921 N.W. 2nd St. entirely within the property lines of that property without causing damage to landscaping and disruption to tenants. Therefore, the property owner has requested that the sewer service line to the building at 921 N.W. 2nd St. run through the subject property, which is under common ownership. In order to do this, the subject property must be rezoned to the same zone as the adjacent property; then a property boundary adjustment can be applied for to combine the two parcels into one parcel. Once the rezone ordinance is approved, the applicant plans to submit and obtain approval of an application for a property boundary adjustment to combine the parcels. Because no development is proposed with this application, staff does not recommend a DA is required as a provision of the rezone. Commission Recommendation: Approval Summary of Commission Public Hearing: No one testified & no written testimony was received Key Issue(s) of Discussion by Commission: None Commission Change(s) to Staff Recommendation: None Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0040, as presented in the staff report for the hearing date of June 7, 2016, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0040, as presented during the hearing on June 7, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0040 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Item # 9H: Ashley Manor (H-2016.0043) Application(s): ➢ Annexation & Zoning Size of property, existing zoning, and location: This site consists of 1.22 acres of land, zoned RUT, located at 4379 N. Locust Grove Road on the west side of N. Locust Grove, south of E. McMillan Rd. History: None Comprehensive Plan FLUM Designation: MU -N w/a N.C. overlay Summary of Request: The applicant has applied for annexation and zoning of 1.22 acres of land with an L-0 zoning district consistent with the FLUM designation for this site. There is an existing home on the northern portion of the site that is proposed to remain until Phase 2 is commenced which the applicant expects to be in October of 2017; at that the time the home will be demolished. Until that time, the applicant requests approval to continue to use the home as a residence (rental) so that it's not left vacant. Additionally, the owner requests approval to not hook the house up to City water and sewer services since it will be demolished in the future. Because residential use of the property is a prohibited use in the L-0 district, staff recommends the residential use as well as the access via Locust Grove cease upon approval of the annexation ordinance. Continuance of the residential use would be considered a non -conforming use in the L-0 district and as such, would be subject to the standards listed in UDC 11-1 B-4. The applicant proposes to develop the southern vacant portion of the site with a new office building or expand the existing office building on the adjacent parcel to the south by the summer of 2017. A conceptual elevation for the future office building proposed to be constructed on this site was submitted as shown. The building is proposed to be similar to the building on the adjacent property to the south under the same ownership. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Mark Ellison ii. In opposition: Gerald Clark iii. Commenting: None iv. Written testimony: Mark Ellison, Applicant's Representative (response to the staff report) v. Key Issue(s) of Public Testimony: The generation of more traffic on Locust Grove Road from development of this site. Key Issue(s) of Discussion by Commission: i. Support of the residential use of the existing home terminating at the time of annexation ordinance approval as recommended in the staff report. Commission Change(s) to Staff Recommendation: None Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0043, as presented in the staff report for the hearing date of June 7th, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0043, as presented during the hearing on June 7th, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0043 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reasons) for continuance.) Item #91: Howry Lane (H-2016-0030) Application(s): ➢ Annexation & Zoning ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 40.46 acres of land, zoned RUT in Ada County & is located at 5220 S. Howry Lane. Comprehensive Plan FLUM Designation: LDR Summary of Request: The applicant has applied for annexation and zoning of 41.07 acres of land with an R-8 zoning district. The proposed zoning is consistent with the applicant's request for a "step up" in density from LDR to MDR. The proposed plat consists of 136 building lots & 13 common lots on 40.46 acres of land. The plat is proposed to develop in three (3) phases. Lots range in size from 6,000 to 14,076 square feet (s.f.) with an average lot size of 7,978 s.f. The gross density for the subdivision is 3.36 units/acre which is consistent with the MDR designation if Council approves a "step up" in density as requested. All lots conform to the dimensional standards of the requested R-8 zoning district. There is an existing home and accessory structures on this site that are proposed to be removed with development. Howry Lane currently provides access to the subject property and the Hill property to the north via E. Amity Road. As a provision of annexation, the owner is required to relinquish their interest in the private lane and dedicate right-of-way (ROW) in accord with ACHD requirements. ACHD is requiring a road trust to be provided for 8 feet of pavement and curb & gutter. Note: It is anticipated that the Hill/YMCA property on the west side of Howry Lane will dedicate ROW and construct a portion (Y2+12) of Howry as a public street with construction of the YMCA. The ROW for the remainder of the street is required to be dedicated with this project. A 5 -foot wide detached sidewalk and a 20 -foot wide landscaped street buffer are required along the east side of the public street. Because this property is only 20 feet wide, the sidewalk and street buffer will need to be provided with development of the Hill property on the east side of Howry. The plat is required to comply with the block length standards listed in the UDC. Block 3 exceeds the maximum block length allowed of 750 feet. Block faces are allowed to extend up to 1,000 feet when a pathway connection is proposed and may extend up to 1,200' with Council approval where block design is constrained by site conditions such as a slope in excess of 10%. The applicant states there is a slope within the common area on Lot 1, Block 3 that exceeds 10%. The proposed block length is approximately 1,150 feet, which does not include the additional existing block length to the east to the next cross street in Rockhampton Subdivision, which is another 500'. Council approval of the proposed block length is required. Access is proposed for this site via two existing stub streets at the east boundary of the site from Rockhampton subdivision; from future stub streets at the west and south boundary via Hill's Century Farm subdivision; and eventually via S. Howry Lane, a future collector street, from E. Amity Road. A minimum of 10% qualified open space is required to be provided for this development in accord with UDC 11 -3G -3A.1. The applicant proposes 7.03 acres (or 17.4%) qualified open space consisting of open grassy areas over 50' x 100' in area and linear open space along the drain ditch. A minimum of 2 qualified site amenities are required to be provided. The applicant proposes to provide a tot lot and a swimming pool with changing rooms on Lot 1, Block 3 and a pathway along the Cunningham Lateral as recreation amenities for the development. The applicant has communicated to staff that the irrigation district has indicated they don't want a pathway within their easement; the applicant intends to pursue this further but does want to allow wiggle room in the conditions in the event the irrigation district won't allow it. The Cunningham Lateral and a drainage ditch bisect this site. The UDC requires all irrigation ditches, laterals, canals and drains to be piped unless left open as a water amenity or linear open space. The applicant proposes to leave the drain ditch open as a linear open space water amenity. As such, it's required to be improved in accord with UDC standards for such. The applicant has submitted 10 conceptual sample building elevations for future homes in this development as shown. Building materials appear to consist of a mix of horizontal and vertical lap and shake siding with stone/brick accents and asphalt shingles. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Mark Tate, Applicant; Gordon Croft ii. In opposition: None iii. Commenting: Jananne Keating; Herb Naugle; Dennis Nicholls; Timothy Brown iv. Written testimony: Mark Tate, Applicant V. Key Issues of Public Testimony: ➢ In favor of the traffic calming (narrowing of the street) proposed in W. Auckland Street where the proposed development joins Rockhampton subdivision at the east boundary and the W" where Auckland stubs into S. Hillsdale Park Drive; ➢ Concern that water rights and irrigation are sufficient to serve proposed lots and continue to adequately serve existing properties; and ➢ Concern regarding drainage from the development. Key Issue(s) of Discussion by Commission: iii. Traffic calming measures within the development for the north and south blocks; and, iv. The UDC requirement for bollard lighting to be provided along the pathway within the common area. Commission Change(s) to Staff Recommendation: i. Requirement for additional traffic calming to be provided in W. Aukland St. at the east boundary of the site between Rockhampton Subdivision and the proposed development as required by ACHD (see condition #1.1.2h). Outstanding Issue(s) for City Council: ii. Staff requests a sentence is added to condition #1.1.14 as follows: "If the irrigation district will not allow a pathway to be constructed within their easement, an alternate qualified amenity shall be provided." Also, modify conditions #1.1.3g and 1.1.3h which reference the pathway along the Cunningham lateral. iii. Block 3 exceeds the maximum block length allowed of 1,000 feet with provision of a pathway. Council may approve block lengths up to 1,200 feet when block design is constrained by site conditions such as steep slopes in excess of 10% or a large waterway and/or irrigation facility (i.e. Cunningham Lateral) (see condition #1.1.2b). Council may decide to approve the proposed block length; or, require the applicant to revise the plan to comply with the maximum block length standards listed in UDC 11 -6C -3F. iv. The applicant requests Council approval of a "step" up in density from LDR (3 units or less/acre) to MDR (3-8 units/acre) as allowed in the Comprehensive Plan, Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0030, as presented in the staff report for the hearing date of June 7th, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0030, as presented during the hearing on June 7th, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0030 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) Item #9J: TM Crossing (H-2016-0054) Application(s): ➢ Development Agreement Modification Size of property, existing zoning, and location: This site consists of 75 acres of land, zoned C -G, located at the NEC of 1-84 and S. Ten Mile Rd. History: This property was annexed into the City in 2012 with a conceptual development plan & a preliminary plat. Comprehensive Plan FLUM Designation: Commercial Summary of Request: The applicant requests a modification to the existing development agreement to include a detailed site plan for Phase I and allowance for up to three (3) building permits to be issued prior to recordation of the final plat. The existing DA requires the agreement to be modified to include a more detailed development plan that is consistent with the design elements of the Ten Mile Interchange Specific Area Plan (TMISAP) prior to submittal of the first Certificate of Zoning Compliance for this site. The conceptual development plan approved with the annexation included in the DA is as shown. The applicant's proposed plan for Phase I is as shown; a detailed plan for Phase II will be submitted at a later date. The proposed plan depicts two "fixed" professional office building sites (depicted as shaded areas) as well as conceptual office and retail building sites. The applicant requests that if future Certificate of Zoning Compliance (CZC) applications for the conceptual office and retail building sites in Phase 1 are generally consistent with the proposed plan they be approved without further modification of the DA. Staff agrees with this request. Staff has reviewed the proposed plan for conformance with the aforementioned design elements and found it to be in general conformance. Future development is required to comply with these design standards and elements of the TMISAP as required in the DA. Preliminary plat condition of approval #2.8 in the Findings (attached to the DA) requires the final plat for this subdivision to be recorded prior to applying for building permits. The applicant would like to obtain up to 3 building permits prior to the final plat being recorded. Because more than one building is allowed to be constructed on commercially zoned property, subdivision of the property is not typically required in order to apply for building permits. However, in this case, a preliminary plat condition of approval was included that required subdivision of the property prior to applying for building permits. The reason was probably for dedication of right-of-way which will still need to be dedicated with the final plat but does not necessarily need to be done prior to issuance of the 3 building permits requested by the applicant. Outstanding Issue(s) for City Council: None Written Testimony: Mike Wardle (in agreement with staff report) Staff Recommendation: Approval per the staff report Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-21016-0054, as presented in the staff report for the hearing date of June 7, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-21016-0054, as presented during the hearing on June 7, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-21016-0054 to the hearing date of for the following reason(s): (You should state specific reason(s) for continuance.) Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of May 17, 2016 City Council Special Meeting MEETING NOTES DATE: E-MAILED TO SENT TO SENT TO STAFF AGENCY APPLICANT Community Item/Presentations Presenter Contact Info./Notes � APPROVED CLERKS OFFICE FINAL ACTION NOTES •' INITIALS Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: Approve Minutes of May 24, 2016 City Council PreCouncil Meeting MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of May 24, 2016 City Council Meeting MEETING NOTES APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: 6D PROJECT NUMBER: ITEM TITLE: Bid and Agreement to Challenger Companies D. Approval of Award of Bid and Agreement to CHALLENGER COMPANIES, INC for the "AUTUMN FAIRE AND MACAILE LIFT STATIONS SCADA UPGRADES" project for a Not -To - Exceed amount of $199,264.00. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS vi U4-1-rilm To: Jacy Jones, City Clerk, From: Kathy Wanner, Buyer CC: Garrick Nelson/PM Date: 06/02/2016 Re: June 7'h City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the June 7th City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to CHALLENGER COMPANIES, INC for the "AUTUMN FAIRE AND MACAILE LIFT STATIONS SCADA UPGRADES" prosect for a Not -To -Exceed amount of $199,264.00. Recommended Council Action: Award of Bid and Approval of Agreement to CHALLENGER COMPANIES, INC for the Not -To -Exceed amount of $199,264.00. Thank you for your consideration. • Page 1 CONTRACT FOR PUBLIC WORKS CONSTRUCTION AUTUMN FAIRE AND MACAILLE LIFT STATION SCADA UPGRADES PROJECT # 10585110579 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 7T" day of June, 2016, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Challenger Companies, Inc, hereinafter referred to as "CONTRACTOR", whose business address is 1415 Madison Ave, Nampa, ID 83687 and whose Public Works Contractor License # is C -12879 -AA -1-4. INTRODUCTION Whereas, the City has a need for services involving AUTUMN FAIRE AND MACAILLE LIFT STATION SCADA UPGRADES; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor AUTUMN FAIRE AND MACAILLE LIFT STATION SCADA UPGRADES page 1 of 12 Project 10585 / 10579 represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $199,264.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. AUTUMN FAIRE AND MACAILLE LIFT STATION SCADA UPGRADES page 2 of 12 Project 10585 / 10579 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Substantial Completion shall be accomplished within 90 (ninety) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 120 (one hundred twenty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this AUTUMN FAIRE AND MACAILLE LIFT STATION SCADA UPGRADES page 3 of 12 Project 10585 / 10579 Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. Independent Contractor: 6.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub -Contractors: Contractor shall require that all of its sub -contractors be licensed per State of Idaho Statute # 54-1901 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 9. Indemnification and Insurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all AUTUMN FAIRE AND MACAILLE LIFT STATION SCADA UPGRADES page 4 of 12 Project 10585 / 10579 losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. AUTUMN FAIRE AND MACAILLE LIFT STATION SCADA UPGRADES page 5 of 12 Project 10585 / 10579 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re -procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. AUTUMN FAIRE AND MACAILLE LIFT STATION SCADA UPGRADES page 6 of 12 Project 10585 / 10579 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancity.org/environmental.aspx?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACRD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACRD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and Information: 17.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 18. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data AUTUMN FAIRE AND MACAILLE LIFT STATION SCADA UPGRADES page 7 of 12 Project 10585 / 10579 relating to all matters covered by this Agreement. 19. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver AUTUMN FAIRE AND MACAILLE LIFT STATION SCADA UPGRADES page 8 of 12 Project 10585 / 10579 of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 26. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 27. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed AUTUMN FAIRE AND MACAILLE LIFT STATION SCADA UPGRADES page 9 of 12 Project 10585 / 10579 communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian CHALLENGER COMPANIES, INC Purchasing Manager Attn: Jason Wright 33 E Broadway Ave 1415 Madison Ave Meridian, ID 83642 Nampa, ID 83687 208-489-0417 Phone: 208-461-0608 Email: jason@challengercompanies.com Idaho Public Works License #C -12879 -AA -1-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: TAMMY de W D, MAYOR Dated: ( 0 - Approved by Council: (,o - rt 1 Purchasing A proval BY: 4- KEITH W , T urc asing Vanager Dated: Project Manager Garrick Nelson CHALLENGER COMPANIES, INC BY: JA W RIGHT ®. - 204 �- " ty of ERIDIAN*-- m OioaHo r SEF>L. BY: WARREN STEWART, Engineering Manager Dated:: � / '& AUTUMN FAIRE AND MACAILLE LIFT STATION SCADA UPGRADES page 10 of 12 Project 10585110579 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW -1632-10585 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -1632-10585, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the 2012 version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate documents: • PLANS AND SPECIFICATIONS AUTUMN FAIRE LIFT STATION • Plans — Autumn Faire Lift Station by Bowen Collins & Associates dated 11-9-2015 (14 pages) • Autumn Faire Lift Station Specifications by Bowen Collins & Associates (12 pages) MACAILE LIFT STATION • Plans — Macaile Lift Station by Bowen Collins & Associates dated 11-9-2015 (12 pages) • Macaile Lift Station Specifications by Bowen Collins & Associates (12 pages) AUTUMN FAIRE AND MACAILLE LIFT STATION SCADA UPGRADES page 11 of 12 Project 10585 / 10579 MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $199,264.00. NOT TO EXCEED CONTRACT TOTAL ....................... $199,264.QQ Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Item No. Description Quantity Unit Unit Price MOBILIZATION/DEMOBILIZATION - Costs 1 associated with Mobilization and Demobilization for 1 LS $8,000 both Autumn Faire and Macaile Lift Stations INSTRUMENTATION - Level transducer, floats 2 and installation for both Autumn Faire and Macaile 1 LS $4,000 Lift Stations PLC CONTROL PANEL - PLC Control Panel 3 including all power supplies, UPS's and installation 2 EA $55,000 labor for both Autumn Faire and Macaile Lift Stations ELECTRICAL EQUIPMENT — All remaining 4 equipment for both Autumn Faire and Macaile Lift 1 LS $20,000 Stations 5 TESTING — Testing of control wiring for both 1 LS $5,000 Autumn Faire and Macaile Lift Stations PIPING AND NEW VALVE VAULT — AUTUMN 6 FAIRE — Include all work associated with removal 1 LS $27,636 of old piping and installation of new piping and valve at Autumn Faire only OTHER MISC — Include all misc work not 7 mentioned herein for both Autumn Faire and 1 LS $24,628 Macaile Lift Stations AUTUMN FAIRE AND MACAILLE LIFT STATION SCADA UPGRADES page 12 of 12 Project 10585 / 10579 AUTUMN FAIRE LIFT STATION SPECIFICATIONS SECTION 512A ELECTRICAL PART1 GENERAL 1.1 SECTION INCLUDES A. Electrical materials, installation, testing and miscellaneous. 1.2 STANDARDS AND REFERENCES A. All electrical work shall be executed in strict accordance with the following standards: 1 National Electrical Code (NEC) 2 Underwriters Laboratory (UL Listings)698 3 Local, State and Federal rules and regulations 1.3 TESTING A. The CONTRACTOR shall completely test the electrical system to assure that circuits are wired as called for on the drawings, and shall test the system for grounds and short circuits. B. The CONTRACTOR shall provide an Arc Flash study and appropriate labeling. The label format shall be the same as shown in Figure 1.3 below. FIGRURE 1.3 1.4 MISCELLANEOUS A. Provide storage for materials and assume complete responsibility for losses. Protect completed work, work underway and materials against AUTUMN FAIRE LIFT STATION SPECIFICATIONS loss or damage. Close circuit openings with caps or plugs during installation. Cover fixtures and equipment and protect against dirt or damage caused by water, chemicals or mechanical accident. B. The CONTRACTOR shall coordinate the work under this section with the work being done under other sections. The CONTRACTOR shall promptly notify the DESIGN ENGINEER of any conflicts within the Plans and Specifications. All changes required in the work of the CONTRACTOR as a result of his failure to notify the DESIGN ENGINEER shall be made by the CONTRACTOR at his own expense. C. The CONTRACTOR shall coordinate with the power company for permanent power service and, if necessary, temporary power. The CONTRACTOR shall be solely responsible for any and all costs associated with providing temporary and permanent power to the lift station. D. The DESIGN ENGINEER shall be responsible for review of shop drawings and equipment submittals. Two complete sets of the shop drawings and other submittals shall be submitted to the PUBLIC WORKS DEPARTMENT prior to installation of the lift station and equipment. E. Should the CONTRACTOR fail to comply with the requirements of this section regarding Record Drawings, final approval and acceptance shall be delayed. PART 2 MATERIALS 2.1 SERVICE ENTRANCE AND EQUIPMENT A. CONTRACTOR must provide the following signs at all confined space entry points. They must be on 5"x7" aluminum plates, with permanent weatherproof lettering and attached with S.S. fasteners. 1. DANGER CONFINED SPACE; ENTER BY PERMIT ONLY 2. FALL PROTECTION REQUIRED 2.2 CONTROL PANEL A. Furnish and install a duplex pump station control panel as shown in drawing package. Control Panel shall be have a UL698 listing. The UL698 panel builder shall be located with 100 miles of the job site. It must include all requirements and items as listed below and must be sized large enough to provide unused space for future equipment installed by the City. AUTUMN FAIRE LIFT STATION SPECIFICATIONS 1. The control panel must be NEMA 4X Stainless steel with latches that require no tool to open, padlocking hasp and matching S.S. drip shield. The panel shall also include internal LED lighting with door mounted switches. 2. The panel must include the line power components, with the following switches accessible without opening the swing out panel doom a. Main breaker b. Lighting/surge protection. 3. Motor feed components; one for each pump circuit breaker, VFD, and pump manufacturer's protective relays, and auxiliary contacts. 4. The panel must include control and monitoring components on a separate circuit breaker (accessible without opening the swing out panel) as noted below; a. Allen Bradley Compact Logix 1769-L33ER PLC b. HMI screen mounted in the front of the swing -out panel Allen Bradley Panel View Plus 6 700 C. I/O modules 1. Digital Input 1769-IQ16 2. Digital Output 1769-OB16 3. Analog Input 1769-IF4 d. 120V control transformer e. UPS Toshiba UTIA1A010C6 With relay interface module f. Air conditioner with internal heater sized for calculated heat load. g. VFD Allen Bradley Powerflex 755 series with Ethernet communication module and harmonic filters to meet IEEE -519 h. Provide 100% spare fuses.(One of each type and size) 5. Pressure transducer. a. The 15 PSI pressure transducer shall be a KPSI Model 750 with more than adequate cable to reach inside the panel. 6. Back-up high level float switch that meets the following requirements AUTUMN FAIRE LIFT STATION SPECIFICATIONS a. When level in the wet well rises to the float elevation, a timer logic in the PLC will prevent more than one (1) pump from trying to start at the same time after a power outage and providing a float operation alarm. b. The float will be mounted for easy removal, cleaning, and adjustment. B. All components shall be identified with engraved nameplates with a white background. Lettering shall be black and at least 1/4" high. C. Install 20 amp GFCI receptacle on the exterior of the panel. 2.3 NOT USED 2.4 CONDUIT A. All exposed conduit to be rigid galvanized. Provide conduit seal offs where required by NEC for Class 1 Division 1 and Class 1 Division 2 areas. B. All underground conduit to be schedule 80 PVC. C. Minimum conduit size for motor feeders is one and one-half inch (1 %1. 2.5 CONDUCTORS A. Conductors shall be copper unless otherwise specified. B. The insulation for conductors, size #8 and smaller, shall be type THWN or THHN. C. Conductors shall be sized according to the drawings. All wire shall be stranded. Minimum wire size shall be #12 except where specified for signal and pilot control conductors. 1. Motor feeders shall be copper, type RHW or TW for sizes 10 and 12, and THWN for larger sizes, installed in rigid galvanized metal conduit. Motors shall be grounded with a visible green ground wire 2. Internal panel wiring shall be color -coded and any wiring leaving the panel shall pass through properly numbered or coded terminal strips. Every switch, control relay, circuit AUTUMN FAIRE LIFT STATION SPECIFICATIONS breaker, wiring and other component, either inside or outside the control panel shall be visibly identified by permanently attached phenolic plates. 2.6 LOCATING TAPE A. Material: Two inch red 4 mil polyethylene. B. Labeling: "Caution — Buried Electrical Below" in 1 %-inch minimum black lettering. PART 3 WORKMANSHIP 3.1 SERVICE ENTRANCE AND EQUIPMENT A. Signs 1. Signs as specified in section 2.1 must be posted at all confined space entry points. 2. They must not pose a tripping hazard. B. Grounding 1. All electrical panelboards and equipment shall be grounded in accordance with the requirements of the NEC. The neutral bus of panelboards shall be grounded to the system ground and adjoining sections of switchgear bonded together. 2. No portion of the electrical system shall be energized until the service ground has been connected. 3.2 CONTROL PANEL A. Safety features shall include the ability or devices to Lock Out/Tag out all breakers, all resets and controls accessible without opening swing out panel. B. Contractor shall install the proper I/O legend that comes with each module on the back of the cover. 3.3 CONDUIT A. All systems of conduit must be installed completely before conductors are pulled in. B. Raceway ends shall be capped during construction. Conduits in which AUTUMN FAIRE LIFT STATION SPECIFICATIONS water or foreign matter has accumulated shall be thoroughly cleaned to the satisfaction of the Engineer or be replaced. C. A tagged #12 AWG galvanized, or nylon, pull wire shall be provided in all empty conduits with at least eighteen (18) inches coiled free at each end. Only tags with a metal rim, made for this purpose, shall be used. D. All conduit joints shall be cut square, threaded, reamed smooth and made up tight. Bends or offsets shall be made with standard conduit ells. Field bends shall be made with approved hickey, and conform to NEC limitations. E. Provide one spare 1 1/2 inch conduit from wet well to control panel and one spare 1-1/2 inch conduit from control panel to any below grade junction box. Spare conduits must be properly marked. F. All exposed threads on rigid conduit shall be coated with an anti- corrosive coating. 3.4 CONDUCTORS A. All conductors shall be installed in conduit. B. Conductors shall not be pulled into conduit until cabinets and outlet boxes are free of foreign matter and moisture. C. Conductors shall be continuous from outlet to outlet. 3.5 SUPERVISORY CONTROL AND DATA ACQUISITION - SCADA A. SCADA shall be provided with a contractor supplied GE MDS -INET II RADIO 900 HL SPREAD SPECTRUM through a contractor supplied 7 element antenna mounted Telewave ANT930YIO-WR at an adequate elevation. SCADA controls and alarms will be determined by the City of Meridian. SCADA programming will be provided by the City of Meridian under a separate contract. B. Monitoring shall be provided with wrap around current transducers for alarm and monitoring of each pump's amps through SCADA. Hour meters for each pump will be displayed on the HMI and through SCADA. Monitoring for each pump, shall be provided on the HMI hour meter, Run indication Seal Fail, Overtemp. High Level Alarm, Low Level Alarm. High and low level alarms to be nonlatching. AUTUMN FAIRE LIFT STATION SPECIFICATIONS 3.6 SITE LIGHTING A. One 3900 Lumen LED flood light, shall be installed within the fenced lift station area. B. The light shall be mounted on 20ft. square pole above the control panel and shall be operated by an output from the PLC. The PLC will be programmed to automatically turn the light off after 30 min. The exact location will be determined during plan review and approval. s • END OF SECTION • • AUTUMN FAIRE LIFT STATION SPECIFICATIONS SECTION 512C COMPLETION REQUIREMENTS Prior to Lift Station approval and acceptance the CONTRACTOR shall complete the following: 1.1 FINAL CLEANING A. Prior to final inspection, execute the following final cleaning items. 1. Clean site. 2. Sweep paved areas. 3. Rake and clean landscaped surfaces. 4. Remove waste, surplus materials and construction debris from the site. 1.2 ADJUSTMENTS A. Adjust equipment to ensure smooth and unhindered operation. 1.3 OPERATION AND MAINTENANCE DATA It is recommended that the Contractor submit one (1) copy of completed Operation and Maintenance manual in final form fifteen (15) days prior to the final inspection. This copy will be returned after the final inspection, with PUBLIC WORKS comments. Revise content of documents as required prior to final submittal. A. Prior to final acceptance the following copies of the Operation and Maintenance manuals are required. 1. Four (4) Hard Copies. 2. Two (2) complete copies on CD. C. The manuals must be presented as follows: 1. Bound in D -size, three ring binders with durable plastic covers. 2. Binder covers must be titled "OPERATION AND MAINTENANCE INSTRUCTIONS" and include the name of project. AUTUMN FAIRE LIFT STATION SPECIFICATIONS 3. Internally subdivide the binder contents with permanent page dividers, logically organized as described in this section with tab titling clearly printed under reinforced laminated plastic tabs. 4. Text pages must be on 8-1/2" x 11" sheets on thirty (30) pound bond white paper. C. TABLE OF CONTENTS 1. Prepare a Table of Contents for each volume, with each product or system description identified. Organization must be in the following general layout: PART 1: Directory listing names, addresses, and telephone numbers of DESIGN ENGINEER, CONTRACTOR, subcontractors, and major equipment suppliers. PART 2: Operation and maintenance instructions must be arranged by process flow and subdivided by specification section. For each category, identify names, address and telephone numbers of subcontractors and suppliers. Identify the following: a. Significant design criteria. b. List of equipment. c. Parts list for each component. d. Operating instructions. e. Maintenance instructions for equipment and systems. f. Electrical to include: switchgear, manufacturer's recommended maintenance and operation instructions, parts list with name, address and phone number of local source of replacement parts PART 3: Project documents and certificates, including the following: a. Shop drawings and product data. b. Certificates. c. Photocopies of warranties. 1.4 WARRANTIES A. Warranties must be provided for the entire lift station for two (2) years from the date of the final acceptance letter issued by the City of Meridian. 1. Additional manufacturer's warranties must be submitted for all components: AUTUMN FAIRE LIFT STATION SPECIFICATIONS B. Provide duplicate notarized copies. C. Submit prior to request for final approval and acceptance. D. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within ten (10) days after acceptance, listing date of acceptance as start of warranty period. 1.5 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, maintenance and extra materials in quantities specified in individual specification sections. B. Deliver spare parts, extra materials and other required products to WASTEWATER DIVISION; obtain receipt prior to final approval and acceptance. 1.6 STATEMENT OF COMPLIANCE THE CONTRACTOR MUST SUBMIT A LETTER OF COMPLIANCE TO THE CITY OF MERIDIAN PUBLIC WORKS DEPARTMENT PRIOR TO REQUESTING A CERTIFICATE OF OCCUPANCY FOR ANY BUILDING. ®• END OF SECTION • e AUTUMN FAIRE LIFT STATION SPECIFICATIONS SECTION 512D SYSTEM START UP 1.1 GENERAL The CONTRACTOR shall: 1. Coordinate a schedule for start-up of various equipment and systems. 2. Notify the DESIGN ENGINEER, the PUBLIC WORKS DEPARTMENT and WASTEWATER SUPERINTENDENT seven (7) days prior to start-up of each item. 3. Clean wet well of all construction debris pxja to starting pumps. 4. Verify that each piece of equipment or system has been checked for proper lubrication, drive rotation, belt tension, control sequence, or other conditions which may cause damage. 5. Verify that tests, meter readings, and specified electrical characteristics agree with those required by the equipment or system manufacturer. 6. Verify wiring and support components for equipment are complete and tested. 7. Execute start-up under supervision of responsible Manufacturer's representative, City Representative and CONTRACTOR'S personnel in accordance with manufacturer's instructions. 8. Submit a written report that equipment or system has been properly installed and is functioning correctly. 1.2 DEMONSTRATION AND INSTRUCTION In addition to the requirements of Section 1.1 above, the CONTRACTOR shall: 1. Demonstrate operation and maintenance of the system to City personnel prior to final acceptance. The CONTRACTOR shall provide the equipment manufacturer's representative for a minimum of one (1) day of training to City personnel. The CONTRACTOR shall coordinate and schedule demonstration of the system with the WASTEWATER DIVISION. AUTUMN FAIRE LIFT STATION SPECIFICATIONS 2. Utilize operation and maintenance manuals as basis for instruction. Review contents of manual with City personnel in detail to explain all aspects of operation and maintenance. 3. Demonstrate start-up, operation, control, adjustment, trouble- shooting, servicing, maintenance, and shutdown of each item of equipment at agreed-upon times, at equipment location. 4. 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All electrical work shall be executed in strict accordance with the following standards: 1 National Electrical Code (NEC) 2 Underwriters Laboratory (UL Listings)698 3 Local, State and Federal rules and regulations 1.3 TESTING A. The CONTRACTOR shall completely test the electrical system to assure that circuits are wired as called for on the drawings, and shall test the system for grounds and short circuits. B. The CONTRACTOR shall provide an Arc Flash study and appropriate labeling. The label format shall be the same as shown in Figure 1.3 below. FIGRURE 1.3 1.4 MISCELLANEOUS A. Provide storage for materials and assume complete responsibility for losses. Protect completed work, work underway and materials against MACAILE LIFT STATION SPECIFICATIONS loss or damage. Close circuit openings with caps or plugs during installation. Cover fixtures and equipment and protect against dirt or damage caused by water, chemicals or mechanical accident. B. The CONTRACTOR shall coordinate the work under this section with the work being done under other sections. The CONTRACTOR shall promptly notify the DESIGN ENGINEER of any conflicts within the Plans and Specifications. All changes required in the work of the CONTRACTOR as a result of his failure to notify the DESIGN ENGINEER shall be made by the CONTRACTOR at his own expense. C. The CONTRACTOR shall coordinate with the power company for permanent power service and, if necessary, temporary power. The CONTRACTOR shall be solely responsible for any and all costs associated with providing temporary and permanent power to the lift station. D. The DESIGN ENGINEER shall be responsible for review of shop drawings and equipment submittals. Two complete sets of the shop drawings and other submittals shall be submitted to the PUBLIC WORKS DEPARTMENT prior to installation of the lift station and equipment. E. Should the CONTRACTOR fail to comply with the requirements of this section regarding Record Drawings, final approval and acceptance shall be delayed. PART 2 MATERIALS 2.1 SERVICE ENTRANCE AND EQUIPMENT A. CONTRACTOR must provide the following signs at all confined space entry points. They must be on 5"x7" aluminum plates, with permanent weatherproof lettering and attached with S.S. fasteners. 1. DANGER CONFINED SPACE; ENTER BY PERMIT ONLY 2. FALL PROTECTION REQUIRED 2.2 CONTROL PANEL A. Furnish and install a duplex pump station control panel as shown in drawing package. Control Panel shall be have a UL698 listing. The UL698 panel builder shall be located with 100 miles of the job site. It must include all requirements and items as listed below and must be sized large enough to provide unused space for future equipment installed by the City. MACAILE LIFT STATION SPECIFICATIONS 1. The control panel must be NEMA 4X Stainless steel with latches that require no tool to open, padlocking hasp and matching S.S. drip shield. The panel shall also include internal LED lighting with door mounted switches. 2. The panel must include the line power components, with the following switches accessible without opening the swing out panel door: a. Main breaker b. Lighting/surge protection. 3. Motor feed components; one for each pump circuit breaker, VFD, and pump manufacturer's protective relays, and auxiliary contacts. 4. The panel must include control and monitoring components on a separate circuit breaker (accessible without opening the swing out panel) as noted below; a. Allen Bradley Compact Logix 1769-L33ER PLC b. HMI screen mounted in the front of the swing -out panel Allen Bradley Panel View Plus 6 700 C. I/O modules 1. Digital Input 1769-IQ16 2. Digital Output 1769-OB16 3. Analog Input 1769-IF4 d. 120V control transformer e. UPS Toshiba UT1A1A010C6 With relay interface module f. Air conditioner with internal heater sized for calculated heat load. g. VFD Allen Bradley Powerflex 755 series with Ethernet communication module and harmonic filters to meet IEEE -519 h. Provide 100% spare fuses.(One of each type and size) 5. Pressure transducer. a. The 15 PSI pressure transducer shall be a KPSI Model 750 with more than adequate cable to reach inside the panel. 6. Back-up high level float switch that meets the following requirements MACAILE LIFT STATION SPECIFICATIONS a. When level in the wet well rises to the float elevation, a timer logic in the PLC will prevent more than one (1) pump from trying to start at the same time after a power outage and providing a float operation alarm. b. The float will be mounted for easy removal, cleaning, and adjustment. B. All components shall be identified with engraved nameplates with a white background. Lettering shall be black and at least 1/4" high. C. Install 20 amp GFCI receptacle on the exterior of the panel. 2.3 NOT USED 2.4 CONDUIT A. All exposed conduit to be rigid galvanized. Provide conduit seal offs where required by NEC for Class 1 Division 1 and Class 1 Division 2 areas. B. All underground conduit to be schedule 80 PVC. C. Minimum conduit size for motor feeders is one and one-half inch (1 2.5 CONDUCTORS A. Conductors shall be copper unless otherwise specified. B. The insulation for conductors, size #8 and smaller, shall be type THWN or THHN. C. Conductors shall be sized according to the drawings. All wire shall be stranded. Minimum wire size shall be #12 except where specified for signal and pilot control conductors. 1. Motor feeders shall be copper, type RHW or TW for sizes 10 and 12, and THWN for larger sizes, installed in rigid galvanized metal conduit. Motors shall be grounded with a visible green ground wire 2. Internal panel wiring shall be color -coded and any wiring leaving the panel shall pass through properly numbered or coded terminal strips. Every switch, control relay, circuit MACAILE LIFT STATION SPECIFICATIONS breaker, wiring and other component, either inside or outside the control panel shall be visibly identified by permanently attached phenolic plates. 2.6 LOCATING TAPE A. Material: Two inch red 4 mil polyethylene. B. Labeling: "Caution — Buried Electrical Below" in 1 %-inch minimum black lettering. PART 3 WORKMANSHIP 3.1 SERVICE ENTRANCE AND EQUIPMENT A. Signs 1. Signs as specified in section 2.1 must be posted at all confined space entry points. 2. They must not pose a tripping hazard. B. Grounding 1. All electrical panelboards and equipment shall be grounded in accordance with the requirements of the NEC. The neutral bus of panelboards shall be grounded to the system ground and adjoining sections of switchgear bonded together. 2. No portion of the electrical system shall be energized until the service ground has been connected. 3.2 CONTROL PANEL A. Safety features shall include the ability or devices to Lock Out/Tag out all breakers, all resets and controls accessible without opening swing out panel. B. Contractor shall install the proper I/O legend that comes with each module on the back of the cover. 3.3 CONDUIT A. All systems of conduit must be installed completely before conductors are pulled in. B. Raceway ends shall be capped during construction. Conduits in which MACAILE LIFT STATION SPECIFICATIONS water or foreign matter has accumulated shall be thoroughly cleaned to the satisfaction of the Engineer or be replaced. C. A tagged #12 AWG galvanized, or nylon, pull wire shall be provided in all empty conduits with at least eighteen (18) inches coiled free at each end. Only tags with a metal rim, made for this purpose, shall be used. D. All conduit joints shall be cut square, threaded, reamed smooth and made up tight. Bends or offsets shall be made with standard conduit ells. Field bends shall be made with approved hickey, and conform to NEC limitations. E. Provide one spare 1 1/2 inch conduit from wet well to control panel and one spare 1-1/2 inch conduit from control panel to any below grade junction box. Spare conduits must be properly marked. F. All exposed threads on rigid conduit shall be coated with an anti- corrosive coating. 3.4 CONDUCTORS A. All conductors shall be installed in conduit. B. Conductors shall not be pulled into conduit until cabinets and outlet boxes are free of foreign matter and moisture. C. Conductors shall be continuous from outlet to outlet. 3.5 SUPERVISORY CONTROL AND DATA ACQUISITION - SCADA A. SCADA shall be provided with a contractor supplied GE MDS -INET II RADIO 900 HL SPREAD SPECTRUM through a contractor supplied 7 element antenna mounted Telewave ANT930YIO-WR at an adequate elevation. SCADA controls and alarms will be determined by the City of Meridian. SCADA programming will be provided by the City of Meridian under a separate contract. B. Monitoring shall be provided with wrap around current transducers for alarm and monitoring of each pump's amps through SCADA. Hour meters for each pump will be displayed on the HMI and through SCADA. Monitoring for each pump, shall be provided on the HMI hour meter, Run indication Seal Fail, Overtemp. High Level Alarm, Low Level Alarm. High and low level alarms to be nonlatching. MACAILE LIFT STATION SPECIFICATIONS 3.6 SITE LIGHTING A. One 3900 Lumen LED flood light, shall be installed within the fenced lift station area. B. The light shall be mounted on 20ft. square pole above the control panel and shall be operated by an output from the PLC. The PLC will be programmed to automatically turn the light off after 30 min. The exact location will be determined during plan review and approval. ®• END OF SECTION • • MACAILE LIFT STATION SPECIFICATIONS SECTION 512C COMPLETION REQUIREMENTS Prior to Lift Station approval and acceptance the CONTRACTOR shall complete the following: 1.1 FINAL CLEANING A. Prior to final inspection, execute the following final cleaning items. 1. Clean site. 2. Sweep paved areas. 3. Rake and clean landscaped surfaces. 4. Remove waste, surplus materials and construction debris from the site. 1.2 ADJUSTMENTS A. Adjust equipment to ensure smooth and unhindered operation. 1.3 OPERATION AND MAINTENANCE DATA It is recommended that the Contractor submit one (1) copy of completed Operation and Maintenance manual in final form fifteen (15) days prior to the final inspection. This copy will be returned after the final inspection, with PUBLIC WORKS comments. Revise content of documents as required prior to final submittal. A. Prior to final acceptance the following copies of the Operation and Maintenance manuals are required. 1. Four (4) Hard Copies. 2. Two (2) complete copies on CD. C. The manuals must be presented as follows: 1. Bound in D -size, three ring binders with durable plastic covers. 2. Binder covers must be titled "OPERATION AND MAINTENANCE INSTRUCTIONS" and include the name of project. MACAILE LIFT STATION SPECIFICATIONS 3. Internally subdivide the binder contents with permanent page dividers, logically organized as described in this section with tab titling clearly printed under reinforced laminated plastic tabs. 4. Text pages must be on 8-1/2" x 11" sheets on thirty (30) pound bond white paper. C. TABLE OF CONTENTS 1. Prepare a Table of Contents for each volume, with each product or system description identified. Organization must be in the following general layout: PART 1: Directory listing names, addresses, and telephone numbers of DESIGN ENGINEER, CONTRACTOR, subcontractors, and major equipment suppliers. PART 2: Operation and maintenance instructions must be arranged by process flow and subdivided by specification section. For each category, identify names, address and telephone numbers of subcontractors and suppliers. Identify the following: a. Significant design criteria. b. List of equipment. c. Parts list for each component. d. Operating instructions. e. Maintenance instructions for equipment and systems. f. Electrical to include: switchgear, manufacturer's recommended maintenance and operation instructions, parts list with name, address and phone number of local source of replacement parts PART 3: Project documents and certificates, including the following: a. Shop drawings and product data. b. Certificates. c. Photocopies of warranties. 1.4 WARRANTIES A. Warranties must be provided for the entire lift station for two (2) years from the date of the final acceptance letter issued by the City of Meridian. 1. Additional manufacturer's warranties must be submitted for all components: MACAILE LIFT STATION SPECIFICATIONS B. Provide duplicate notarized copies. C. Submit prior to request for final approval and acceptance. D. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within ten (10) days after acceptance, listing date of acceptance as start of warranty period. 1.5 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, maintenance and extra materials in quantities specified in individual specification sections. B. Deliver spare parts, extra materials and other required products to WASTEWATER DIVISION; obtain receipt prior to final approval and acceptance. 1.6 STATEMENT OF COMPLIANCE THE CONTRACTOR MUST SUBMIT A LETTER OF COMPLIANCE TO THE CITY OF MERIDIAN PUBLIC WORKS DEPARTMENT PRIOR TO REQUESTING A CERTIFICATE OF OCCUPANCY FOR ANY BUILDING. 00 END OF SECTION • MACAILE LIFT STATION SPECIFICATIONS SECTION 512D SYSTEM START UP 1.1 GENERAL The CONTRACTOR shall: 1. Coordinate a schedule for start-up of various equipment and systems. 2. Notify the DESIGN ENGINEER, the PUBLIC WORKS DEPARTMENT and WASTEWATER SUPERINTENDENT seven (7) days prior to start-up of each item. 3. Clean wet well of all construction debris prior to starting pumps. 4. Verify that each piece of equipment or system has been checked for proper lubrication, drive rotation, belt tension, control sequence, or other conditions which may cause damage. 5. Verify that tests, meter readings, and specified electrical characteristics agree with those required by the equipment or system manufacturer. 6. Verify wiring and support components for equipment are complete and tested. 7. Execute start-up under supervision of responsible Manufacturer's representative, City Representative and CONTRACTOR'S personnel in accordance with manufacturer's instructions. 8. Submit a written report that equipment or system has been properly installed and is functioning correctly. 1.2 DEMONSTRATION AND INSTRUCTION In addition to the requirements of Section 1.1 above, the CONTRACTOR shall: 1. Demonstrate operation and maintenance of the system to City personnel prior to final acceptance. The CONTRACTOR shall provide the equipment manufacturer's representative for a minimum of one (1) day of training to City personnel. The CONTRACTOR shall coordinate and schedule demonstration of the system with the WASTEWATER DIVISION. MACAILE LIFT STATION SPECIFICATIONS 2. Utilize operation and maintenance manuals as basis for instruction. Review contents of manual with City personnel in detail to explain all aspects of operation and maintenance. 3. Demonstrate start-up, operation, control, adjustment, trouble- shooting, servicing, maintenance, and shutdown of each item of equipment at agreed-upon times, at equipment location. 4. 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PWC -C-12879 00001, 02310, 05090, 06200, 07700, 13800, 15100, 15400, 15510, 15700, 16000 First Prev Page: 1 of 1 Next Last Details - License Number: PWC -C-12879 Lie Info Registration #: PWC -C-12879 Issue: 3/31/2016 Expire: 3/31/2017 Type: PUBLIC WORKS Sub -Type: AA Status: ACTIVE Company: Challenger Companies, Inc. Phone: (208)461-0608 Cell: (208) 859-9003 Pager: Fax: (208)461-0650 Owner Name: The Division of Building Safety, makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this website indicates understanding and acceptance of this statement. 1-800-955-3044, 1090 E Watertower St, Suite 150 Meridian ID 83642 HOME I CONTACT https://web.dbs.idaho.gov/etrakit3/Custom/Idaho PublieWorksSearchRslts.aspx 5/23/2016 IDSOS Viewing Business Entity Page 1 of 2 IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for CHALLENGER COMPANIES INC. ] [ Monitor CHALLENGER COMPANIES, INC. business filings ] CHALLENGER COMPANIES, INC. 1415 MADISON AVE NAMPA, ID 83687 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING 12 Aug 1997 State of Origin: IDAHO Date of 12 Aug 1997 Origination/Authorization: Current Registered Agent: JASON WRIGHT 1415 MADISON AVE NAMPA, ID 83687 Organizational ID / Filing C120510 Number: Number of Authorized Stock 100000 Shares: Date of Last Annual Report: 30 Jul 2015 Annual Report Due: Aug 2016 Original Filing: [ Help Me Print/View TIFF ] Filed 12 Aug 1997 INCORPORATION View Image (PDF format], View Image (TIFF format) Amendments: [ Help Me Print/View TIFF ] Amendment Filed 28 Oct NAME CHANGED View Image (PDF format 2003 TO CHALLENGER View Image (TIFF format) COMPANIES, INC. Amendment Filed 28 Oct NAME CHANGED View Image (PDF format 2003 TO CHALLENGER View Image (TIFF format] COMPANIES, INC. Annual Reports: [ Help Me Print/View TIFF ] Report for year 2015 ANNUAL REPORT View Document Online Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online https://www.accessidaho.org/public/sos/corp/C120510.html 5/23/2016 Fax: (208)887-4813 ACORN® CERTIFICATE OF LIABILITY INSURANCE ATE(MMIDD/YYYY) P05/26/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Dawna McGee Boise Capital Insurance 1556 S Timesquare Ln Ste 200 PHONN Ext. (208)321-1400 1AJCNe; (208)321-9400 ADDRESS: dawna@boisecapitalins.com INSURERS AFFORDING COVERAGE Jq ++ NAIC# Boise, ID 83709 INSURER A: Auto -Owners Insurance Company 18988 MED EXP (Any one person) $ 10000 INSURED im y� Challenger Companies, Inc. �(�} INSURERS: Liberty Mutual insurance 19690 INSURER C: INSURER D: 1415 Madison Ave rJ ltl Nampa, ID 83687 FINANCE- 1) INSURER E: INSURER F: LIABILITY ANY AUTOBODILY OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY COVERAGES CERTIFICATE NUMBER: 00000000-0 REVISION NUMBER: 106 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INS. UBDR POLICY NUMBER MMI POLICY EFF M POLICY/EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS-MADEDAMAGE OCCUR Y 57008484 01/15/2016 01/15/2017 EACH OCCURRENCE $ 1,000,000 TO RENTED PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ 10000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY � PE� 1-1 LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS -CO_M_P_/_O_P_ AGG $ 2,000,000 $ A AUTOMOBILE IX LIABILITY ANY AUTOBODILY OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY 4751471700 01/15/2016 01/15/2017 11 S Eaaeccdar")_ INGLELIMIT $ 1,000,000 INJURY (Per person) $ BODILY INJURY Per accident) $ PROPERTY DAMAGE $ Per accident $ A X UMBRELLA LIAR EXCESS LIAB �( OCCUR CLAIMS -MADE ! 4751471701 01/15/2016 1 01/15/2017 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 DED X RETENTION$ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTIONOFOPERATIONSbelow N I A i WC41NC-016559-016 01/01/2016 01/01/2017 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 -- - E.L. DISEASE -POLICY LIMIT $ 1,000,000 B Installation Floater BMO 55378168 01/15/2016 1 01/15/2017 Limit 250,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) City of Meridian is listed as Additional Insured. Project: 10585 / 10579 Autumn Fair and MaCaille Lift Station SCADA Upgrades L,mm I Irm m I C MULLMM City of Meridian Purchasing Department 33 E Broadway Ave Ste 106 Meridian, ID 83642 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by DEM on May 26, 2016 at 09:02AM SuAlA Document A312 TM .2010 Performance Bond CONTRACTOR: (Name, legal status and address) Challenger Companies, Inc 1415 Madison Ave Nampa, Idaho 83687 OWNER: (Name, legal status and address) City of Meridian 33 E Broadway Ave Meridian, Idaho 83642 CONSTRUCTION CONTRACT Date: June 7-"', 2016 Amount: $199,264.00 SURETY: (Name, legal status and principal place of business) The Ohio Casualty Insurance Company 62 Maple Ave Keene, NH 03431 Description: (Name and location) Project No. 10585 / 10579 Autumn Faire and Macaille Lift Station SCADA Upgrades BONDQ1 Date: June 2016 (Not earlier than Construction Contract Date) Amount: $199,264.00 Modifications to this Bond: ® None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Companry: (Corporate Seal) Company: (Corporate Seal) Challenger Comp nies, Inc The Ohio Casualty Insurance Company Signa Signatur Name �SaaJ 1,�Name K ryl ichter, A orney-In-Fact and Title: Gvrp4•,Q s�c/16s�t�f� and Title: (Arty additional signatures appear on t e last page of this Performance Bond.) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Allied Bonding (Architect, Engineer or other party) 5605 Overland Rd. Boise, ID 83705 Phone (208) 345-4177 Fax (208) 384-1677 JUN 0 1 2016 FINANCE DEPT Bond No. 023-034-006 This document has Important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, Into one form. This is not a single combined Performance and Payment Bond. Init. AIA Document A312m — 2010. The American Institute of Architects. 061110 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. tnh. AIA Document A312Te — 2010. The American Institute of Architects. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5. 1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been f imished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. [nit AIA Document A312*H — 2010. The American Institute of Architects. § 16 Modifications to this bond are as follows: None (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address Signature: Name and Title: Address CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. IniL AIA Document A3127m — 2010. The American institute of Architects. RECHVcgi, #A1A Document A312TM —2010 _ FINANCE DEPT Payment Bond Bond No. 023-034-006 CONTRACTOR: (Name, legal status and address) Challenger Companies, Inc 1415 Madison Ave Nampa, Idaho 83687 OWNER: (Name, legal status and address) City of Meridian 33 E Broadway Ave Meridian, Idaho 83642 CONSTRUCTION CONTRACT Date: June 7 2016 Amount: $199,264.00 SURETY: (Name, legal status and principal place of business) i The Ohio Casualty Insurance Company 62 Maple Ave Keene, NH 03431 Description: (Name and location) Project No. 10585 / 10579 Autumn Faire and Macaille Lift Station SCADA Upgrades BOND Date: June , 2016 (Not earlier than Construction Contract Date) Amount: $199,264.00 Modification to this Bond: ® None ❑ See Section 18 ,CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Challenger Companies, Inc The Ohio Casualty Insurance Co any Signatur Signature: Name �J,�SoN A"; Name K*Iichter, AttoX ey-In-Fact and Title:,, r; S' aEf�y and Title: (Arty additional signatures appear on the last page of this Payment Bond) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Allied Bonding (Architect, Engineer or other parry.) 5605 Overland Rd. Boise, ID 83705 Phone (208) 345-4177 Fax (208) 384-1677 Init AIA Document A312*" —2010. The American Institute of Architects. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This Is not a single combined Performance and Payment Bond. willo 5 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. Init. AIA Document A312111 — 2010. The American Institute of Architects. 6 § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been famished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .6 the date on which the Claimant last performed labor or last famished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment famished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Ink. AIA Document A312n — 2010. The American Insthute of Architects. § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: None (Space is provided below for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address Signature: Name and Title: Address CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. (nit. AIA DocumentA3121" —"10. The American Instfh& of Arch'dects. 8 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7303932 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmerican Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Janet K. Holthaus; Katy[ A. Richter all of the city of Boise , state of ID each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 29th day of March 2016 PND cgsG Lzv INsU 'INS01? 1A INS p American Fire and Casualty Company i ��wrF, �F The Ohio Casualty Insurance Company t 1906 0 0 19i9 n r 141 Z o d 1991 Liberty Mutual Insurance Company i i s ro e West American Insurance Company s 4) * By:41 s 0 STATE OF PENNSYLVANIA ss David M. Care , Assistant Secretary COUNTY OF MONTGOMERY s On this 29th day of March 2016 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and t v d Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, >,0 p l06 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. _ d > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. O s A PAS f COMMONWEALTH OF PENNSYLVANIAL;�%ii/ C q`��,oNaiegTFC Notarial Seal ���/ /G Q r jq tiw v° �i v Teresa Pastella, Notary Public g O d of Plymouth Tw Montgomery Count Y 3 t 0 i y Commission 9 y Teresa Pastella, Notary Public C d SOT P \o Member, Pennsylvania My PAssoires ciation of otaaries 0 Ry IL c This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casually Insurance .0 Company, � Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: C L ARTICLE IV— OFFICERS —Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O s to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as ma be necessa to act in behalf of the Corporation to make, execute, seal, �+ c 'C� YP PP �Y necessary P O c acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective E +: powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so e �O executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under > 1 L2 A the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. m t rARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, a > L and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, L C, ov seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their P a respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v C executed such instruments shall be as binding as if signed by the president and attested by the secretary. 04 Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in- ~ fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casually Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. / ! IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of tA �` 20' lX PND CASA VA,? INSU ��tPiSUq N\PdsUR �\�F•sv2�orgrp 9�L =J c�oe°oF;T�99,y� J,�JF_oRpoaq ���br� ��cuaPnRgr��rF r 1906 0 0 7919 0 1912 1991 By: ab Gregory W. 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Ul (d ' to N O a 4) p4-3 OCL 4-) d) 0 N U) N C N W 0 Ld a 11 CL ro FC p H H h ri q rd ri w Vi ,-i O r -i O 'd q q 3 ro U H q 4-1 ri ro ro rd N µ' Ul a, •ri U •ri U ro E N E N N a, µ' q 2 � N fda +-L qQ iU a) Q iU ro �dq ro N ��a 0 W o g N •rl how 4 rt ro z a W a�scnmroro� P2 m saC �Ca P, H w w fd a a ro w o v q H U U N Ci 4a d ro ro ro I- LD ID m m Ln Ln D\ r•y ri 1D ID r- L- OD OD h 0 W Ln Ln Ln Ln Ln Ln �D O M 0 0 o O O Cl 0 0 W H ri H H ri r -I ri ri U) m I Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: 6E PROJECT NUMBER: ITEM TITLE: Bid and Agreement to CONTRACTORS NORTHWEST Approval of Award of Bid and Agreement to CONTRACTORS NORTHWEST, INC for the "WRRF DAFT 2 RECOATING PROJECT" for a Not -To -Exceed amount of $76,704.00. MEETING NOTES Lyi Ar >si'E Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: Jacy Jones, City Clerk, From: Kathy Wanner, Buyer CC: Clint Dolsby/PM Date: 05/24/2016 Re: June 7t' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the June 7t' City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to CONTRACTORS NORTHWEST INC for the "WRRF DAFT 2 RECOATING PROJECT" for a Not -To -Exceed amount of $76,704.00. Recommended Council Action: Award of Bid and Approval of Agreement to CONTRACTORS NORTHWEST, INC for the Not -To -Exceed amount of $76,704.00. Thank you for your consideration. • Page 1 ENDIAN16�-- Public IL, D A H O Works Department TO: Keith Watts, Purchasing Manager FROM: Clint Dolsby Assistant City Engineer DATE: 05/20/2016 Mayor Tammy de Weerd City Council Memberso Keith Bird Joe Borton Luke Cavener Genesis Milam Anne Little Roberts Ty Palmer SUBJECT: CONSTRUCTION AGREEMENT FOR THE WASTEWATER RESOURCE RECOVERY FACILITY — DAFT NO 2 RECOATING PROJECT WITH CONTRACTORS NORTHWEST, INC (CNI) FOR A NOT TO EXCEED AMOUNT OF $76,704.00. I. DEPARTMENT CONTACT PERSONS Clint Dolsby, Assistant City Engineer 489-0341 Warren Stewart, City Engineer 489-0350 Tom Barry, PW Director 489-0372 II. DESCRIPTION A. Background The Wastewater Division has two dissolved air flotation thickeners (DAFT) that are an essential part of the treatment process. Both are painted with a high -solids epoxy coating to prevent corrosion due to the harsh wastewater environment. The protective coatings are expected to last for a period of five to ten years and generally carry an initial guarantee for a period of five years. Daft #2 was constructed in 2003 and has been in continuous operation since its completion. All process equipment is drained and inspected by plant staff on an annual basis. During our annual inspection, it was discovered that significant coating failure was occurring on the Daft #2 skimmer mechanism, The equipment is housed inside of a protective metal building that must be removed before the recoating project can be completed. B. Proposed Project CNI will complete the recoating project which includes the removal of the metal building, sandblasting and recoating the metal components of the mechanism and Purge I of 2 subsequent reassembly of the building. The recoating of the DAFT mechanism will prevent serious corrosion that may lead to premature equipment failure. 111. IMPACT A. Fiscal I mpacts Project Costs: : Fiscal Year 2016 Design $11,980 ------------------- ------ --------------------------- -------- ------------------ * -------------- Construction Bid $76,704 Contingency $1,3 16 f ---------------- -------- ---------- ------------- -------- -- ------- --------------------------- ------ Total_Pr jectCost $90,000 ---------------------- ------ ---------------------- --- J Proi ect Fundin Fiscal Year2016 : Account Code / Codes ----------- ------------------ ---------- ------------------------------- DAFT Upgrade Projects 3590-96155$90,000 -------------------- ------------------------- --------- -------------- -------------------- ------------------------------- ------------ --------------- ------- -- --------------- ------- Total Funding ! : $90,000 ----- — ------- ----------------------------------- B. Time Constraints Council approval will allow this project to recoat the Daft #2 to be completed this fiscal year as planned. 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X U N U W I \ \o O O O O G I m o 0 o O m o m 0 .,+ 0 0 O 0 O 0 O W )n O o C 7 M CD rn m 0 m 0 0 41 C N N � 41 ro m + 4J ul a G U ,,A ,H ro n AJ AJ 0 ro ro 1 0 0 Sa U U O 14 H >1 N F4H r Q G ro H 41 Q �:j U O El U: Cl, 3 3 04 Q0 ro� o w 4J Q [� •H )~ Q. a ro w U q ro m m Ln O O lo w O o 5/11/2016 eTRAKiT l.-11"LlCensee Username Password f;`'_i',i I i E 1 r,i; f p„• ,, i�l li;zti I t d, r >; f Itw�iI{ri:: ,_t, Hr sir,._ P;ab.i Iti�ri.. i ;C>Ilfct';i Public Works Search Search Again Download Results Printable View nii3a ”, Plans lr . Ga,' , n'y('s) (' <:nr,a lyf), I I_ir, r , GL. Contractors Northwest, Inc. 1 PWC -C-10327 00001, 00003 1, 3, 5 UNLIMITED i ACTIVE 1 Contractors North _I Info First; jPrev; Page: 1 of 1 !Next; (Last] Registration #: PWC -C-10327 Issue: 4/29/2016 Expire: 4/30/2017 Type: PUBLIC WORKS Sub -Type: UNLIMITED Status: ACTIVE Company: Contractors Northwest, Inc. Phone: (208) 667-2456 Cell: Pager: Fax: (208) 667-6388 Owner Name: i [)ISI, oir r. ;:;ii If-ly, r r �V- ia'; r. r J , p f ':;1r th" "'11 -It :,, , ,,Id e;'.:, r it fr,: rr: u r GnLl r3, r;:a-'i, ! c,ri; i ,, ( iI aaI , II'ibr+ar (7 �!_ n<,;: i _ r�li r7 n.-� i , r, ..0 Ihc, a i c . r '.eni 1-800-955-3044, 1090 E Watertower St, Suite 150 Meridian ID 83642 HOME I CONTACT https://web.dbs.idaho.gov/eTRAKiT3/Custom/Idaho_PublicWorksSearchRslts.aspx 1/1 Iw r L-1. LV IV_ /•7f 11111.., . .. IrVr UJ f 7--.j s IN . 1446 MAR 2 m 8! 50 S TATE ROF lD 6�I TE E UNTitACTC31 NCJR T H-)6 T 1Nr,. Coiitractors Northwest, lnc, Fb 9ov 53Q1; Cpe ur d'si(ene, IO B3R16•.f 5;3 ! March Z3,.2616 Secretary of State 766 West.Jefferson PO Box 88720 B of re,1 D SV.20-0080 Dear 51r or Madam, WO pre wrlting to notify you of severral maJor ehdhlg s t0thlo the CpntractorS Notthwr st, Inc, (M) ownership and corporate directors, As pf j4nuary 3j, 2016; D. Dean Hoagerason sold his friterest In i:70 14 Its entirety, In addWon to Me. change Irl ownership, .011 pasrtl 0s prevlously held by the directors have been vacated. Please remove the followlncg from C(/ records; D, Dean Nciagenson,'Aflen G, Miller, Sonnypavenport, Robert W. Mullaly, Mike Wilson and Ron Ourenl N60, se ,cspctate the as fallow9; 16san Cdtes— CEO/plrector. 1713 Hidden Valley Rd,, Sandpgfnt, ldpho 83864 ihnmas iARJyJere Jf) PreSfclent PD Boit � Op, Atlfol, 1D �3$R� Chrlstle Coulter—Secretary PU Box 763, Hathdrum, 16 83858 Unclosed you Will olsd find the completed Statement of Change for Contractors Northwest's Reolstered Agent - Pleose contact me If any questions should arlse, Sincerely, ,1a, o» Cates CEO/Director ' Contractors Northwest, Inc. PO Box 6300, CoeUr d'Alene, 10 83826 Office (208) 667-2456 1 Pax (208) 63138 5/11/2016 IDSOS Viewing Business Entity Oji' a 'i 4 5` [ New Search ] [ Back to Summary ] [ Get a certificate of existence for CONTRACTORS NORTHWEST INC ] [ Monitor CONTRACTORS NORTHWEST INC business filings ] BOX 6300 COEUR D'ALENE, ID 83816 1938 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING 19 Mar 1976 State of Origin: WASHINGTON Date of 19 Mar 1976 Origination/Authorization: Current Registered Agent: JASON CATES N 3731 RAMSEY RD COEUR D'ALENE, ID 83815 Organizational ID / Filing C53098 Number: Number of Authorized Stock Shares: Date of Last Annual Report: 18 Feb 2016 Annual Report Due: Mar 2017 [ Help Me Print/View TIFF ] Filed 19 Mar 1976 CERTIFICATE OF AUTHORITY [ Help Me Print/View TIFF ] Amendment Filed 19 Mar 1976 OTHER - APPT OF DA - WILLIAM W. NIXON, COEUR D'ALENE Amendment Filed 16 Oct 1980 OTHER - CHG OF RA TO D. DEAN HAAGENSON [ Help Me Print/View TIFF ] Report for year 2016 ANNUAL REPORT View Document Online Report for year 2016 CHNG View Image (PDF format) View OFF/DIR Image (TIFF format] Report for year 2016 CHNG View Image (PDF format) View Imaget RA/RO (TIFF forma Report for year 2015 ANNUAL REPORT View Document Online Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online hUps://www.accessidaho.org/public/sos/corp/C53098.htmi 1/2 5/11/2016 IDSOS Viewing Business Entity Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 ANNUAL REPORT View Document Online Report for year 2008 ANNUAL REPORT View Document Online Report for year 2007 ANNUAL REPORT View Document Online Report for year 2006 ANNUAL _View Image (PDF formatl View . 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Idaho Secretary of State's Main Page State of Idaho Home Paae Comments, questions or suggestions can be emailed to: sosinfo@)sos.idaho.gov hUps:/A&iww.accessidaho.org/public/sos/corp/C53098.htmI 2/2 CONTRACT FOR PUBLIC WORKS CONSTRUCTION DAFT 2 RECOATING PROJECT PROJECT # 10609.6-1 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this day of v,Iuyie,. , 2016, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Contractors Northwest, Inc, hereinafter referred to as "CONTRACTOR", whose business address is.P O Box 6300 Coeur d'Alene ID 83816 and whose Public Works Contractor License # is C -10327-U-1-3. INTRODUCTION Whereas, the City has a need for services involving DAFT 2 RECOATING PROJECT; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, DAFT 2 RECOATING PROJECT page 1 of 13 Project 10609.8-1 state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $76,704.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. DAFT 2 RECOATING PROJECT page 2 of 13 Project 10609.B-1 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Substantial Completion shall be accomplished within 60 (sixty) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $250.00 (two hundred fifty dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. The contractor shall comply with Shutdown Constraints as specified in Section 01140, Item 1.07. The contractor shall have access to DAFT No 2 for a maximum of 21 days out -of -service. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 70 (seventy) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $250.00 (two hundred fifty dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective DAFT 2 RECOATING PROJECT page 3 of 13 Project 10609.8-1 date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. Independent Contractor: 6.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub -Contractors: Contractor shall require that all of its sub -contractors be licensed per State of Idaho Statute # 54-1901 DAFT 2 RECOATING PROJECT page 4 of 13 Project 10609.B-1 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 9. Indemnification and Insurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in which the CITY shall be named an additional insured in the minimum amounts -as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A, DAFT 2 RECOATING PROJECT page 5 of 13 Project 10609.8-1 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re -procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. DAFT 2 RECOATING PROJECT page 6 of 13 Project 10609.6-1 All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: ?id=1661 . Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACRD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. DAFT 2 RECOATING PROJECT page 7 of 13 Project 10609.B-1 17. Reports and Information: 17.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 18. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 19. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the DAFT 2 RECOATING PROJECT page 8 of 13 Project 106093-1 Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 26. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 27. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work DAFT 2 RECOATING PROJECT page 9 of 13 Project 10609.8-1 has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian CONTRACTORS NORTHWEST, INC Purchasing Manager Attn: Thomas LaRiviere 33 E Broadway Ave P O Box 6300 Meridian, ID 83642 Coeur d'Alene, ID 83816 208-489-0417 Phone: 208-667-2456 Email: torr�r yCa �ontragtorsQorthwgst.cgrrq Idaho Public Works License #C -10327-U-1-3 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. DAFT 2 RECOATING PROJECT page 10 of 13 Project 10609.B-1 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN CONTRACTORS NORTHWEST, INC BY. / BY:. TAMMY de W D, MAYOR TMOMAS LARIVIERE, President Dated: `C o - Approved by Council - QCA Attest: JACY JON S, TY CL K— Purchasing Approval BY: Z�� 21"A KEITH WATTS, / urchas/ing Manager Dated: O 1 Project Manager Clint Dolsby DAFT 2 RECOATING PROJECT Project 106093-1 Dated: 5 - If' /6 eO`LNIBD AUGt" ' 4 ? ly O� ti City of EI�TDIAN*--- IOANO SEAL r69 I Tei DeYRESTE5WART, nt Ap r val BY: WA Engineering Manager Dated:: -5 z -y 1 page 11 of 13 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW -1633-10609.6-1 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -1633-10609.13-1, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the 2012 version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • Special Provisions/Technical Specifications for the DAFT NO 2 RECOATING PROJECT by Mountain Waterworks, Inc dated May 2016 (34 pages) • Plans for Water Resource Recovery Facility — DAFT NO 2 RECOATING PROJECT — April 2016 by Mountain Waterworks dated and revised May 29 2016 (6 pages) DAFT 2 RECOATING PROJECT page 12 of 13 Project 106093-1 Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $76,704.00. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 60 Days from Notice to Proceed Milestone 2 Max days out of service 21 Days Milestone 3 Final Completion 70 Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the DAFT 2 RECOATING PROJECT -Rebid per IFB PW -1633-10609.13-1 NOT TO EXCEED CONTRACT TOTAL ....................... Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Contract Pricing Schedule Item No. Description Quantity Unit Unit Price 1 Mobilization 1 LS $300 2 DAFT 2 disassembly, blasting, coating, andassembl 1 LS $76,104 3 Demobilization 1 LS 300 DAFT 2 RECOATING PROJECT page 13 of 13 Project 10609.13-1 SECTION 01110 SUMMARY OF WORK PART1 GENERAL 1.01 SUMMARY A. Section Includes: Identification and summary description of the Project, the Work, location, OWNER furnished products, activities by others, and coordination. 1.02 THE WORK A. The Work consists of recoating of submerged mechanism of DAFT No. 2, as indicated on the Drawings. Procedures will consist of disassembling the DAFT mechanism, removing existing coatings, properly preparing surfaces to be recoated, apply coatings, and reassemble DAFT. New fasteners and DAFT wear items to be supplied by Owner will be replaced as new, as indicated on the Drawings. B. Except as specifically noted otherwise, provide and pay for: 1. Any OWNER required insurance and bonds. 2. Labor, materials, and equipment, as indicated on the Drawings. 3. Tools, equipment, and machinery required for construction. 4. Utilities required for construction. 5. Temporary facilities including sheeting and shoring. 6. Dust control measures. 7. Other facilities and services necessary for proper execution and completion of the Work. C. Secure and pay for all permits including OSHA Confined Space Permitting. D. Comply with codes, ordinances, regulations, orders, and other legal requirements of public authorities having bearing on the performance of the Work. 1.03 LOCATION OF PROJECT A. The Work is located at the City of Meridian Water Resource Recovery Facility (WRRF) 3401 N. Ten Mile Road, Meridian, Idaho, 83646. 1.04 OWNER FURNISHED EQUIPMENT A. OWNER will furnish the following products: 1. Wear Items and Fasteners, as indicated on drawings. B. OWNER will: 1. Arrange for and deliver necessary shop drawings, product data and samples to CONTRACTOR. MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 01110 2. Arrange and pay for product delivery to site in accordance with construction schedule. 3. Deliver supplier's bill of materials to CONTRACTOR. 4. Inspect deliveries jointly with CONTRACTOR. 5. Submit claims for transportation damage. 6. Arrange for replacement of damaged, defective, or missing items. 7. Arrange for manufacturer's warranties, bonds, service, and inspections, as required. C. CONTRACTOR's Responsibility for OWNER Furnished Products: 1. Designating delivery date for the OWNER -furnished product. 2. Reviewing shop drawings, product data and samples. 3. Submitting notification of discrepancies or anticipated problems. 4. Receiving and unloading products at site. 5. Promptly inspecting products jointly with OWNER and recording shortages, damaged or defective items. 6. Handling products at site, including uncrating and storage. 7. Protecting products from damage. 8. Installing, including assembly, connections, adjustments, tests, and finish products in accordance with Contract Documents. 9. Providing operating oils, lubricants, and incidental materials required for complete installation. 10. Repairing or replacing items damaged after receipt until date of Substantial Completion of the Work by OWNER. D. When OWNER fails to deliver products in accordance with approved Construction Schedule, adjustments will be made to Contract Times and Contract Price as stipulated in General Conditions. 1.05 ACTIVITIES BY OTHERS A. OWNER, utilities, and others may perform activities within Project area while the Work is in progress. 1. Schedule the Work with OWNER, utilities, and others to minimize mutual interference. B. Activities by others which may affect performance of work include: 1. Operation of adjacent unit processes. C. Cooperate with others to minimize interference and delays. 1. When cooperation fails, submit recommendations and perform Work in coordination with work of others as directed. 1.06 COORDINATION OF WORK A. Maintain overall coordination of the Work. B. Obtain construction schedules from each subcontractor, and require each subcontractor to maintain schedules and coordinate modifications. MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 01110 C. No partial acceptance of the Work will be made and no acceptance other than the final acceptance of the completed Work will be made except for those portions of Work designated for early occupancy by OWNER. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 01110 SECTION 01140 WORK RESTRICTIONS PART1 GENERAL 1.01 SUMMARY A. Section Includes: Requirements for sequencing and scheduling the Work affected by existing site and facility, work restrictions and coordination between construction operations and plant operations, including: 1. Access to site. 2. Use of site. 3. Use of premises. B. Related Sections: 1. Section 01110 - Summary of Work. 2. Section 01352 - Alteration Project Procedures. 3. Section 01500 - Temporary Facilities and Controls. 1.02 GENERAL CONSTRAINTS ON SEQUENCE AND SCHEDULING OF WORK A. Wastewater Projects: 1. The City of Meridian Waste Resource Recovery Facility (WRRF) is the City of Meridian's only means of treating domestic and industrial wastewater prior to discharging to Five Mile Creek and the Boise River. Impairing the operational capabilities of this treatment plant will result in serious environmental damage and monetary fines. 2. Conduct work in a manner that will not impair the operational capabilities of essential elements of the treatment process or reduce the capacity of the entire treatment plant below levels sufficient to treat the quality of raw wastewater to the water quality limitations specified in the discharge permit. 3. The status of the treatment plant shall be defined as "operational" when it is capable of treating the entire quantity of wastewater received to the water quality limits specified in the discharge permit. 4. The status of the treatment plant shall be defined as "operational" when the plant is capable of meeting the OWNER's customer's demands for treated drinking water in terms of the required quantity or quality of treated water as defined herein. B. Work Sequence and Constraints: 1. Utilize description of critical events in work sequence in this Section as a guideline for scheduling and undertaking the Work. 2. Work sequence and constraints presented do not include all items affecting completion of the Work, but are intended to describe critical events necessary to minimize disruption of the existing facilities and to ensure compliance with National Pollutant Discharge Elimination System permit requirements. MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 01140 1.03 INTERRUPTION OF TREATMENT PROCESSES A. Execute the Work while the existing facility is in operation as specified in Section 01352. B. Indicate required shutdowns of existing facilities or interruptions of existing operations on Progress Schedule. Shutdowns will be permitted to the extent that existing operation of the plant will not be jeopardized and identified constraints are satisfied. C. Submit notification of required shutdowns of existing facilities at least 7 days prior to the planned date of shutdown. D. The ENGINEER and the Plant Personnel will evaluate the request based on the plant's ability to reliably meet capacity demands. E. Do not begin alterations until ENGINEER's written permission has been received. F. Minimize shutdown times by thorough advanced planning. Have required equipment, materials, and labor on hand at time of shutdown. G. Where required to minimize treatment process interruptions while complying with specified sequencing constraints, provide temporary pumping, power, lighting, controls, instrumentation, and safety devices. 1.04 COMPLIANCE WITH NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT A. The existing facility is operating under the terms of a National Pollutant Discharge Elimination System permit issued by the United States Environmental Protection Agency. This permit specifies the water quality limits that the plant must meet prior to discharge of effluent. A copy of the existing permit is on file for review at the WRRF. B. Perform work in a manner that will not prevent the existing facility from achieving the finished water quality requirements established by regulations. C. Bear the cost of penalties imposed on the OWNER for discharge violations caused by actions of the CONTRACTOR. 1.05 REQUIREMENTS FOR OPERATION OF PLANT AND MAINTAINING CONTINUOUS OPERATION OF EXISTING FACILITIES A. Conduct the Work and provide temporary facilities required to keep the existing plant continuously operational. 1.06 OPERATIONS AND MAINTENANCE ACCESS A. Provide safe, continuous access to process control equipment for plant operations personnel. MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 01140 1.07 SHUTDOWN CONSTRAINTS A. Comply with shutdown constraints described in general terms as follows: 1. The DAFT No. 2 Unit will be shut down by the OWNER. 2. The CONTRACTOR will have access to DAFT No. 2 for identified maximum of 21 days out -of -service. Within 21 days the CONTRACTOR will disassembly, prep, coat, reassemble the DAFT, and have the unit prepared for full service per the Contract Documents. 1.08 UTILITIES A. Maintain electrical, telephone, water, gas, sanitary facilities, and other utilities within existing facilities in service. Provide temporary utilities when necessary. 1.09 WORK BY OTHERS A. Where proper execution of the Work depends upon work by others, inspect and promptly report discrepancies and defects. 1.10 WORK SEQUENCE A. Outline of a possible Work Sequence for the Design ENGINEER: This possible sequence is included for informational purposes only. 1. OWNER will isolate, shut down, rinse and drain DAFT No. 2 24 -hours prior to CONTRACTORS start of work: a. Limit DAFT No. 2 shutdown to maximum of 21 days per shutdown. 2. CONTRACTOR will disassemble, prepare surfaces, recoat, reassemble, and obtain required OWNER and ENGINEER approvals prior to Start-up. 1.11 TEMPORARY SERVICES, MATERIALS, AND EQUIPMENT (IF NECESSARY) A. If Necessary: 1. Locate temporary facilities in a manner that minimizes interference to OWNER's operation and maintenance personnel. 2. Unless otherwise specified, install temporary pipelines of the same size as its connection to the existing facility at the downstream end of the pipeline. 3. Provide piping of suitable material for the material being conveyed. 4. Provide submittals on proposed temporary electrical and instrumentation components necessary to maintain existing facilities. 5. Dewater and promptly clean basins and channels temporarily removed from service. 6. Dimensions for all existing structures, piping, paving, and other nonstructural items are approximate. The CONTRACTOR shall field verify all dimensions and conditions and report any discrepancies to the ENGINEER a minimum of 14 days in advance of any construction in the area. MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 01140 PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 01140 SECTION 01329 SAFETY PLAN PART1 GENERAL 1.01 SUMMARY A. Section Includes: Development and maintenance of a Construction Safety Plan. 1.02 REFERENCES A. OSHA. B. Confined Space Entry Permit 1.03 CONSTRUCTION SAFETY PLAN A. Detail the Methods and Procedures to comply with Federal, and Local Health and Safety Laws, Rules and Requirements for the duration of the Contract Times. Include the following: 1. Identification of the Certified or Licensed Safety Consultant who will prepare, initiate, maintain and supervise safety programs, and procedures. 2. Procedures for completing, implementing, and complying with the require Confined Space Entry Permit. 3. Procedures for providing workers with an awareness of safety and health hazards expected to be encountered in the course of construction. 4. Safety equipment appropriate to the safety and health hazards expected to be encountered during construction. Include warning devices, barricades, safety equipment in public right-of-way and protected areas, and safety equipment used in multi-level structures. 5. Methods for minimizing employees' exposure to safety and health hazards expected during construction. 6. Procedures for reporting safety or health hazards. 7. Procedures to follow to correct a recognized safety and health hazard. 8. Procedures for investigation of accidents, injuries, illnesses and unusual events that have occurred at the construction site. 9. Periodic and scheduled inspections of general work areas and specific work stations. 10. Training for employees and workers at the jobsite. 11. Methods of communication of safe working conditions, work practices and required personal protection equipment. B. Assume responsibility for every aspect of Health and Safety on the jobsite, including the health and safety of Subcontractors, suppliers, and other persons on the jobsite. MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 01329 1. Forward available information and reports to the Safety Consultant who shall make the necessary recommendations concerning worker health and safety at the jobsite. 2. Employ additional health and safety measures specified by the Safety Consultant, as necessary, for workers in accordance with OSHA guidelines. C. Transmit to OWNER and ENGINEER copies of reports and other documents related to accidents or injuries encountered during construction. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 01329 SECTION 01352 ALTERATION PROJECT PROCEDURES PART1 GENERAL 1.01 SUMMARY A. Section Includes: Requirements and procedures for performing alterations to existing facilities. B. Related Sections: 1. Section 01140 - Work Restrictions. 2. Section 01500 - Temporary Facilities and Controls. 3. Section 01770 - Closeout Procedures. 1.02 SUBMITTALS A. Alterations Schedule: Submit in accordance with requirements for Progress Schedules. 1.03 SEQUENCE AND SCHEDULES A. Perform Work in sequences and within times specified in Section 01140. B. Submit separate detailed sub -schedule for alterations, coordinated with construction schedules. Indicate: 1. Each stage of Work and dates of occupancy of areas. 2. Date of Substantial Completion for each area of alterations as appropriate. 3. Trades and Subcontractors employed in each stage. 1.04 WORK INVOLVED WITH EXISTING OPERATING FACILITIES A. Perform the Work while existing facility is in operation. B. Do not jeopardize operation or materially reduce efficiency of existing facility. C. Coordinate the Work with operation of the facility. 1. Do not begin alterations of designated portions of the Work until specific permission has been granted in writing by OWNER in each case. 2. ENGINEER will coordinate the planned procedure with facility manager. 3. Complete as quickly as possible and with as little delay as possible, connections to existing equipment and utilities, and other operations that interfere with the operation of existing facility. D. Operational functions of the facility that are required to be performed to facilitate the Work will be performed by facility personnel only. MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 013252 E. The designated OWNER representative will cooperate in every way practicable to assist in expediting the Work. F. When necessary for the proper operation or maintenance of portions of the facility, reschedule Work operations so that the Work will not conflict with necessary operations or maintenance of the facility. 1.05 ALTERATIONS, CUTTING, AND PROTECTION A. Provide weather protection, waterproofing, heat and humidity control as needed to prevent damage to remaining existing and new construction. B. Provide temporary enclosures as specified in Section 01500 to separate construction areas from existing building and from areas occupied by OWNER, and to provide weather protection. 1.06 SALVAGE MATERIALS A. Salvage Materials: None Anticipated. B. Pay costs associated with salvaging materials, including handling, transporting, and storage. 1.07 COATING MATERIAL IMPACTING EXISTIG DRAINS AND DRAIN PIPING A. Existing drains and process piping will be protected from sand, existing coating removed and mineral oils or produces during surface preparation, primer or top coat material. Pull and completely isolate all drains and process pipe and obtain ENGINEER and OWNER approval prior to proceeding with the Work. 1.08 TRANSITION FROM EXISTING TO NEW WORK A. When new construction abuts or finishes flush with existing construction, make smooth transitions and match architecture of existing construction. B. Where partitions are removed, patch floors, walls, and ceilings with finish materials which match existing materials. C. Where removal of partitions results in adjacent spaces becoming one, rework floors, walls, and ceilings to provide smooth planes without breaks, steps, or bulkheads. D. Where changes of plane exceed 2 inches, request instructions for making transition 1.09 DAMAGED SURFACES A. Patch and replace portions of existing finished surfaces which are damaged, lifted and discolored with matching material. B. Provide adequate support of substrate prior to patching finishes. MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 013252 C. Refinish patched portion of painted or coated surfaces in manner which produces uniform color and texture to entire surface. D. When existing surface finish cannot be matched, refinish entire surface to nearest change of plane exceeding 45 degrees. 1.10 CLEANING A. Perform periodic and final cleaning as specified in Sections 01500 and 01770. B. Clean OWNER -occupied areas daily. C. Clean spillage, overspray and heavy collection of dust in OWNER -occupied areas immediately. D. At completion of each portion of Work, clean area and make surfaces ready for successive portions of Work. E. At completion of alterations in each area, provide final cleaning and return space to condition suitable for use by OWNER. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 013252 SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Furnishing, maintaining, and removing construction facilities and temporary controls, including temporary utilities, construction aids, barriers and enclosures, security, access roads, temporary controls, project sign, field offices and sheds, and removal after construction. B. Related Sections: 1. Section 01140 - Work Restrictions: Utilities. 1.02 SUBMITTALS A. General: For products specified to be furnished under this Section, submit product data in accordance with Section 01330. 1.03 CONSTRUCTION AIDS A. Provide railings, kick plates, enclosures, safety devices, and controls required by Laws and Regulations and as required for adequate protection of life and property. B. Use construction hoists, elevators, scaffolds, stages, shoring, and similar temporary facilities of ample size and capacity to adequately support and move loads. C. Design temporary supports with adequate safety factor to assure adequate load bearing capability. 1. When requested, submit design calculations by professional registered engineer prior to application of loads. 2. Submitted design calculations are for information and record purposes only. D. Accident Prevention: 1. Exercise precautions throughout construction for protection of persons and property. 2. Observe safety provisions of applicable Laws and Regulations. 3. Guard machinery and equipment, and eliminate other hazards. 4. Make reports required by authorities having jurisdiction, and permit safety inspections of the Work. 5. Before commencing construction Work, take necessary action to comply with provisions for safety and accident prevention. E. Barricades: MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 01500 1. Place barriers at ends of excavations and along excavations to warn pedestrian and vehicular traffic of excavations. 2. Provide barriers with flashing lights after dark. 3. Keep barriers in place until excavations are entirely backfilled and compacted. 4. Barricade excavations to prevent persons from entering excavated areas in streets, roadways, parking lots, treatment plants, or other public or private areas. F. Warning Devices and Barricades: Adequately identify and guard hazardous areas and conditions by visual warning devices and, where necessary, physical barriers. 1. Devices shall conform to minimum requirements of OSHA and State agency which administers OSHA regulations where Project is located. G. Hazards in Public Right -of -Way: 1. Mark at reasonable intervals, trenches and other continuous excavations in public right-of-way, running parallel to general flow of traffic, with traffic cones, barricades, or other suitable visual markers during daylight hours. a. During hours of darkness, provide markers with torches, flashers, or other adequate lights. 2. At intersections or for pits and similar excavations, where traffic may reasonably be expected to approach head on, protect excavations by continuous barricades. a. During hours of darkness, provide warning lights at close intervals. H. Hazards in Protected Areas: Mark or guard excavations in areas from which public is excluded, in manner appropriate for hazard. Above Grade Protection: On multi-level structures, provide safety protection that meets requirements of OSHA and State agency which administers OSHA regulations where Project is located. J. Protect existing structures, trees, shrubs, and other items to be preserved on Project site from injury, damage or destruction by vehicles, equipment, worker or other agents with substantial barricades or other devices commensurate with hazards. 1.04 SECURITY A. Make adequate provision for protection of the Work area against fire, theft, and vandalism, and for protection of public against exposure to injury. 1.05 REMOVAL A. Clean and repair damage caused by installation or use of temporary facilities. B. Remove underground installations to minimum depth of 24 inches and grade to match surrounding conditions. C. Restore existing facilities used during construction to specified or original condition. MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 01500 PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 01500 SECTION 01756 TESTING, TRAINING, AND FACILITY START-UP PART GENERAL 1.01 SUMMARY A. Section Includes: Requirements for equipment and system testing and facility start- up, including the following: 1. Performance Testing. 2. General Start-up and Testing Procedures. 3. Functional Testing. 4. Operational Testing. 5. Certificate of Proper Installation. 6. Services of manufacturer's representatives. 1.02 GENERAL TESTING, TRAINING, AND START-UP REQUIREMENTS A. Contract Requirements: Testing, and start-up are requisite to the satisfactory completion of the Contract. B. Complete testing, and start-up within the Contract Times. C. Allow realistic durations in the Progress Schedule for testing, and start-up activities. D. Furnish labor, tools, equipment, instruments, and services required for and incidental to completing functional testing, performance testing, and operational testing. E. Provide competent, experienced technical representatives of equipment manufacturers for assembly, installation and testing guidance, and operator training. 1.03 START-UP PLAN A. Submit start-up plan for each piece of equipment and each system not less than 3 weeks prior to planned initial start-up of equipment or system. B. Provide detailed sub -network of Progress Schedule with the following activities identified: 1. Manufacturer's services. 2. Installation certifications. 3. Functional testing. 4. Operational testing. C. Provide testing plan with test logs for each item of equipment and each system when specified. Include testing of alarms, control circuits, capacities, speeds, flows, pressures, vibrations, sound levels, and other parameters. MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 01756 D. Revise and update start-up plan based upon review comments, actual progress, or to accommodate changes in the sequence of activities. 1.04 GENERAL START-UP AND TESTING PROCEDURES A. Mechanical Systems: As specified in the individual equipment specification sections: 1. Remove rust preventatives and oils applied to protect equipment during construction. 2. Remove temporary supports, bracing, or other foreign objects installed to prevent damage during shipment, storage, and erection. 3. Check rotating machinery for correct direction of rotation and for freedom of moving parts before connecting driver. 4. Perform cold alignment and hot alignment to manufacturer's tolerances. 5. Inspect hand and motorized valves for proper adjustment. Tighten packing glands to insure no leakage, but permit valve stems to rotate without galling. Verify valve seats are positioned for proper flow direction. 6. Tighten leaking flanges or replace flange gasket. Inspect screwed joints for leakage. 7. Install gratings, safety chains, handrails, shaft guards, and sidewalks prior to operational testing. 1.05 FUNCTIONAL TESTING A. Perform checkout and performance testing as specified in the individual equipment specification sections. B. Functionally test mechanical systems for proper operation after general start-up and testing tasks have been completed. C. Demonstrate proper rotation, alignment, speed, flow, pressure, vibration, sound level, adjustments, and calibration. Perform initial checks in the presence of and with the assistance of the manufacturer's representative. D. Conduct continuous 8 hour test under full load conditions. Replace parts which operate improperly. 1.06 OPERATIONAL TESTING A. Conduct operational test of the DAFT unit. Demonstrate satisfactory operation of equipment and systems in actual operation. B. Conduct operational test for continuous 1 -day period. C. OWNER will provide operations personnel, power, fuel, and other consumables for duration of test. D. Immediately correct defects in material, workmanship, or equipment which became evident during operational test. MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 01756 E. Repeat operational test when malfunctions or deficiencies cause shutdown or partial operation of the facility or results in performance that is less than specified. 1.07 CERTIFICATE OF PROPER INSTALLATION A. At completion of Functional Testing, furnish written report prepared and signed by manufacturer's authorized representative, certifying equipment: 1. Has been properly installed, adjusted, aligned, and lubricated. 2. Is free of any stresses imposed by connecting piping or anchor bolts. 3. Is suitable for satisfactory full-time operation under full load conditions. 4. Operates within the allowable limits for vibration. 5. Controls, protective devices, instrumentation, and control panels furnished as part of the equipment package are properly installed, calibrated, and functioning. 6. Control logic for start-up, shutdown, sequencing, interlocks, and emergency shutdown have been tested and are properly functioning. B. Furnish written report prepared and signed by the electrical and/or instrumentation Subcontractor certifying: 1. Motor control logic that resides in motor control centers, control panels, and circuit boards furnished by the electrical and/or instrumentation subcontractor has been calibrated and tested and is properly operating. 2. Control logic for equipment start-up, shutdown, sequencing, interlocks and emergency shutdown has been tested and is properly operating. 3. Co-sign the reports along with the manufacturer's representative and subcontractors. 1.08 RECORD KEEPING A. Maintain and submit following records generated during start-up and testing phase of Project: 1. Daily logs of equipment testing identifying all tests conducted and outcome. 2. Logs of time spent by manufacturer's representatives performing services on the job site. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 01756 SECTION 01770 CLOSEOUT PROCEDURES PART1 GENERAL 1.01 SUMMARY A. Section Includes: Contract closeout requirements including: 1. Final cleaning. 2. Waste Disposal. 3. Touch -Up and Repair. 4. Preparation and submittal of closeout documents. 5. Final completion certification. 1.02 FINAL CLEANING A. Perform final cleaning prior to inspections for Final Acceptance. B. Employ skilled workers who are experienced in cleaning operations. C. Use cleaning materials which are recommended by manufacturers of surfaces to be cleaned. D. Prevent scratching, discoloring, and otherwise damaging surfaces being cleaned. E. Clean roofs, gutters, downspouts, and drainage systems. F. Broom clean exterior paved surfaces and rake clean other surfaces of site work. 1. Police yards and grounds to keep clean. G. Remove dust, cobwebs, and traces of insects and dirt. H. Clean grease, mastic, adhesives, dust, dirt, stains, fingerprints, paint, blemishes, sealants, plaster, concrete, and other foreign materials from sight -exposed surfaces, and fixtures and equipment. I. Remove non -permanent protection and labels. J. Clean permanent filters and replace disposable filters when heating, ventilation, and air conditioning units were operated during construction. K. Clean ducts, blowers and coils when units were operated without filters during construction. L. Clean light fixtures. MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 01770 1.03 WASTE DISPOSAL A. Arrange for and dispose of surplus materials, waste products, and debris off-site. 1. Prior to making disposal on private property, obtain written permission from OWNER of such property. B. Do not fill ditches, washes, or drainage ways which may create drainage problems. C. Do not create unsightly or unsanitary nuisances during disposal operations. D. Maintain disposal site in safe condition and good appearance. E. Complete leveling and cleanup prior to final acceptance of the Work. F. Dispose of any Hazardous material. 1.04 TOUCH-UP AND REPAIR A. Touch-up or repair finished surfaces on structures, equipment, fixtures, and installations that have been damaged prior to inspection for Final Acceptance. B. Refinish or replace entire surfaces which cannot be touched -up or repaired satisfactorily. 1.05 FINAL CLEANING OF PLANT FACILITIES A. Clean channels, pipe, basins, reservoirs, and tanks before running of 7 -day test, or before facility goes on stream when 7 -day test is not required. B. Wash, wherever practicable, or broom sweep channels, pipe, basins, reservoirs, and tanks. 1.06 CLOSEOUT DOCUMENTS A. Submit following Closeout Submittals upon completion of the Work and at least 7 days prior to submitting Application for Final Payment: 1. Evidence of Compliance with Requirements of Governing Authorities. 2. Project Record Documents. 3. Warranties and Bonds. 4. Release of claims as outlined in Conditions of the Contract. 5. Certificate of Final Completion. 1.07 PROJECT RECORD DOCUMENTS A. Maintain at Project site, available to OWNER and ENGINEER, one copy of the Contract Documents, shop drawings and other submittals, in good order. 1. Mark and record field changes and detailed information contained in submittals and change orders. MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 01770 2. Record actual depths, horizontal and vertical location of underground pipes, duct banks and other buried utilities. Reference dimensions to permanent surface features. 3. Identify specific details of pipe connections, location of existing buried features located during excavation, and the final locations of piping, equipment, electrical conduits, manholes, and pull boxes. 4. Identify location of spare conduits including beginning, ending and routing through pull boxes, and manholes. Record spare conductors, including number and size, within spare conduits, and filled conduits. 5. Provide schedules, lists, layout drawings, and wiring diagrams. 6. Make annotations with erasable colored pencil conforming to the following color code: Additions: Red Deletions: Green Comments Blue Dimensions: Graphite B. Maintain documents separate from those used for construction. 1. Label documents "RECORD DOCUMENTS." C. Keep Documents Current: 1. Record required information at the time the material and equipment is installed and before permanently concealing. D. Deliver record documents with transmittal letter containing date, Project title, CONTRACTOR's name and address, list of documents, and signature of CONTRACTOR. E. During progress meetings, record documents will be reviewed to ascertain that changes have been recorded. 1.08 WARRANTIES AND BONDS A. Provide executed Warranty or Guaranty Form if required by Contract Documents. B. Provide specified additional warranties, guarantees, and bonds from manufacturers and suppliers. 1.09 CERTIFICATE OF FINAL COMPLETION A. When 7 -day operational test has been successfully completed, ENGINEER will certify that new facilities are operationally complete. ENGINEER will submit a list of known items (punch list) still to be completed or corrected prior to contract completion. B. List of items to be completed or corrected will be amended as items are resolved by CONTRACTOR. MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 01770 C. When all items have been completed or corrected, submit written certification that the entire work is complete in accordance with the Contract Documents and request final inspection. D. Upon completion of final inspection, ENGINEER will either prepare a written acceptance of the entire work or advise CONTRACTOR of work not complete. If necessary, inspection procedures will be repeated. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 01770 SECTION 09960 COATINGS PART1 GENERAL 1.01 SUMMARY A. Section includes the surface preparation and application requirements for coating the DAF Thickener submerged steel as shown on drawings and specified herein. B. Related Sections: 1. Section 01312 - Project Meetings. 2. Section 01330 - Submittal Procedures. 3. Section 01352 - Alteration Project Procedures. 4. Section 01770 - Closeout Procedures. 1.02 REFERENCES A. This Section contains references to the governing standards and documents listed below. They are a part of this Section as specified and modified; the current version shall apply unless otherwise noted. In case of conflict between the requirements of this section and those of the listed documents, the more stringent of the requirements shall prevail B. NACE International, The Corrosion Society (NAGE): 1. NACE RP0287 — Field Measurement of Surface Profile of Abrasive Blast - Cleaned Steel Surfaces Using a Replica Tape 2. NACE SP0188 — Standard Practice for Discontinuity (Holiday) Testing of New Protective Coatings on Conductive Substrates C. SSPC — Society for Protective Coatings: 1. SSPC PA1 - Shop, Field, and Maintenance Painting of Steel 2. SSPC-PA2 — Paint Application Specification No. 2: Measurement of Dry Coating Thickness with Magnetic Gages 3. SSPC-PA11 - Protecting Edges, Crevices, and Irregular Steel Surfaces by Stripe Coating 4. SSPC-SP10/NACE 2 - Near White Metal Blast Cleaning 5. SSPC-VIS 1 - Guide to Reference Photographs for Steel Surfaces Prepared by Dry Abrasive Blast Cleaning D. Unless otherwise specified, references to documents shall mean the documents in effect at the time of receipt of Bids. If referenced documents have been discontinued by the issuing organization references to those documents shall mean the replacement documents or the last version of the document before it was discontinued. MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 09960 1.03 DEFINITIONS A. Submerged Metal: Steel or iron surfaces below tops of channel or structure walls which will contain water even when above expected water level. B. Submerged Concrete and Masonry Surfaces: Surfaces which are or will be: 1. Underwater. 2. In structures which normally contain water. 3. Below tops of walls of water containing structures. C. Exposed Surface: Any metal or concrete surface, indoors or outdoors that is exposed to view. D. Dry Film Thickness (DFT): Thickness of fully cured coating, measured in mils. E. Volatile Organic Compound (VOC): Content of air polluting hydrocarbons in uncured coating product measured in units of grams per liter or pounds per gallon, as determined by EPA Method 24. F. Ferrous: Cast iron, ductile iron, wrought iron, and all steel alloys except stainless steel. G. Where SSPC surface preparation standards are specified or implied for ductile iron pipe or fittings, the equivalent NAPF surface preparation standard shall be substituted for the SSPC standard. 1.04 PERFORMANCE REQUIREMENTS A. Coating materials for concrete and metal surfaces shall be especially adapted for use in wastewater treatment plants. B. Coating for final coats shall be fume resistant, compounded with pigment suitable for exposure to sewage gases, especially to hydrogen sulfide and to carbon dioxide. C. Pigments shall be materials that do not darken, discolor, or fade due to action of sewage gases. D. Coating materials used in conjunction with potable water supply systems shall be certified to NSF 61 or UL 3P83. 1.05 SUBMITTALS A. General: Submit in accordance with Section 01330. B. Qualification Data: Submit proof of acceptability of Applicator by manufacturer to ENGINEER. C. Shop Drawings: Include schedule of where and for what use coating materials are proposed in accordance with requirements for Product Data. MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 09960 D. Product Data: Include description of physical properties of coatings including solids content and ingredient analysis, VOC content, temperature resistance, typical exposures and limitations, and manufacturer's standard color chips. 1. Regulatory Requirements: Submit data concerning the following: a. Volatile organic compound limitations. b. Coatings containing lead compounds and PCBs. c. Abrasives and abrasive blast cleaning techniques, and disposal. d. NSF or UL certification of coatings for use in potable water supply systems. E. Samples: Include 8 -inch square drawdowns or brush -outs of topcoat finish when requested. Identify each sample as to finish, formula, color name and number and sheen name and gloss units. F. Certificates: Submit in accordance with requirements for Product Data. G. Manufacturer's Instructions: Include the following: 1. Special requirements for transportation and storage. 2. Mixing instructions. 3. Shelf life. 4. Pot life of material. 5. Precautions for applications free of defects. 6. Surface preparation. 7. Method of application. 8. Recommended number of coats. 9. Recommended dry film thickness (DFT) of each coat. 10. Recommended total dry film thickness (DFT). 11. Drying time of each coat, including prime coat. 12. Required prime coat. 13. Compatible and non -compatible prime coats. 14. Recommended thinners, when recommended. 15. Limits of ambient conditions during and after application. 16. Time allowed between coats (minimum and maximum). 17. Required protection from sun, wind and other conditions. 18. Touch-up requirements and limitations. 19. Material Safety Data Sheet. H. Manufacturer's Representative's Field Reports. I. Quality Assurance Submittals: 1. Quality Assurance plan. 2. Qualifications of coating applicator including List of Similar Projects. 1.06 QUALITY ASSURANCE A. Applicator Qualifications: 1. Minimum of 5 years experience applying specified type or types of coatings under conditions similar to those of the Work. MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 09960 a. Provide qualifications of applicator and references listing five similar projects completed in the past two years. 2. Installation equipment shall be acceptable to the manufacturer. 3. Manufacturer approved applicator when manufacturer has approved applicator program. 4. Applicator shall establish quality control procedures and practices to monitor phases of storage, surface preparation, mixing, application, and inspection throughout the duration of the project. 5. Applicator shall provide a fulltime, on-site person whose dedicated responsibilities will include quality control of the coating application. B. Certification: Certify that applicable pigments are resistant to discoloration or deterioration when exposed to hydrogen sulfide and other sewage gases and product data fails to designate coating as "fume resistant." C. Field Samples: Prepare and coat a minimum 100 square foot area between corners or limits such as control or construction joints of each system. Approved field sample may be part of Work. D. Compatibility of Coatings: Use products by same manufacturer for prime coats, intermediate coats, and finish coats on same surface, unless specified otherwise. E. Services of Coating Manufacturers Representative: Arrange for coating manufacturers representative to attend pre -installation conferences. Make periodic visits to the project site to provide consultation and inspection services during surface preparation and application of coatings, and to make visits to coating plants to observe and approve surface preparation procedures and coating application of items to be "shop primed and coated". F. Pre -Installation Conference: 1. Before start of Work - General Contractor, Applicator, and Manufacturer's Technical Representative shall meet on-site with ENGINEER to discuss approved products and workmanship to ensure proper surface preparation and application of the coatings. 2. Review foreseeable methods and procedures related to the coating Work including but not necessarily limited to the following: a. Review Project requirements and the Contract Documents. b. Review required submittals. c. Review requirements of on-site quality control inspection and testing. d. Review the requirements for preparing the quality control report as specified herein. e. Review availability of materials, tradesmen, equipment and facilities needed to make progress and avoid delays. f. Review material storage and staging. g. Review equipment storage and staging. h. Review waste management and disposal. L Review environmental conditions, other Project conditions, and procedures for coping with unfavorable conditions. MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 09960 j. Review regulations concerning code compliance, environmental protection, health, safety, fire and similar considerations. k. Review procedures required for the protection of the completed work during the remainder of the construction period. 1.07 PRODUCT DELIVERY, STORAGE, AND HANDLING A. Remove unspecified and unapproved paints from Project site immediately. B. Deliver material in manufacturer's original, unopened and undamaged packages. C. Deliver containers with labels identifying the manufacturer's name, brand name, product type, batch number, date of manufacturer, expiration date or shelf life, color, and mixing and reducing instructions. D. Store coatings in well -ventilated facility that provides protection form the sun weather, and fire hazards. Maintain ambient storage temperature between 45 and 90 degrees Fahrenheit, unless otherwise recommended by the manufacturer. E. Packages showing indications of damage that may affect condition of contents are not acceptable. F. Take precautions to prevent fire and spontaneous combustion. G. Materials shall be stored in accordance with manufacturer's recommendations in enclosed structures and shall be protected from weather and adverse temperature conditions. H. Flammable materials shall be stored in accordance with state and local codes. Store materials only in area or areas designated by the OWNER and ENGINEER solely for this purpose. Materials exceeding storage life as defined by the manufacturer shall be removed promptly from the site. K. Store in original packaging under protective cover and protect from damage. L. Stack containers in accordance with manufacturer's recommendations. 1.08 PROJECT CONDITIONS A. Proceed with coating Work only when temperature of substrate, air temperature, relative humidity, dew point and other conditions comply with the manufacturer's written recommendations and when no damaging environmental conditions are forecasted for the time when the material will be vulnerable to such environmental damage. Record such conditions and include in Daily Report. B. Maintain substrate temperature and ambient temperature before, during and after installation above 60°F and rising in accordance with manufacturer's instructions. MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 09960 C. Do Not Apply Coatings: 1. Under dusty conditions, unless tenting, covers, or other such protection is provided for structures to be coated. 2. When light on surfaces measures less than 15 foot-candles. 3. When relative humidity is higher than 85 percent. 4. When surface temperature is less than 5 degrees Fahrenheit above dew point. 5. When surface temperature exceeds the manufacturer's recommendation. 6. When ambient temperature exceeds 90 degrees Fahrenheit, unless manufacturer allows a higher temperature. 7. Apply clear finishes at minimum 65 degrees Fahrenheit. D. Provide fans, heating devices, dehumidifiers, or other means recommended by coating manufacturer to prevent formation of condensate or dew on surface of substrate, coating between coats and within curing time following application of last coat. E. Provide adequate continuous ventilation and sufficient heating facilities to maintain minimum 50 degrees Fahrenheit for 24 hours before, during and 48 hours after application of finishes. F. Dehumidification and Heating for Coating of DAFT Interiors: 1. Provide dehumidification and heating of interior spaces in which surface preparation, coating application, or curing is in progress according to the following schedule. a. October 1 to April 30: Provide continuous dehumidification and heating as required to maintain the tanks within environmental ranges as specified in this section and as recommended by the coating material manufacturer. For the purposes of this section, "continuous" is defined as 24 hours per day and 7 days per week. b. May 1 to September 30: Provide temporary dehumidification and heating as may be required to maintain the tanks within the specified environmental ranges in the event of adverse weather or other temporary condition. At CONTRACTOR's option and at his sole expense, CONTRACTOR may suspend work until such time as acceptable environmental conditions are restored, in lieu of temporary dehumidification and heating. Repair or replace any coating or surface preparation damaged by suspension of work, at CONTRACTOR's sole expense. 1.09 SEQUENCING AND SCHEDULING A. Sequence and Schedule: As specified in Section 01352 and 01140. 1.10 MAINTENANCE A. Extra Materials: Deliver in accordance with Section 01770. Include minimum 1 gallon of each type and color of coating applied. 1. When manufacturer packages material in gallon cans, deliver unopened labeled cans as comes from factory. MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 09960 2. When manufacturer does not package material in gallon cans, deliver material in new gallon containers, properly sealed and identified with typed labels indicating brand, type and color. PART 2 PRODUCTS 2.01 GENERAL A. VOC Content: Products shall comply with VOC limits of authorities having jurisdiction. B. Materials specified are those that have been evaluated for the specific service. Request for material substitutions shall be in accordance with requirements of the project specifications. Equivalent materials of other manufacturers may be submitted on written approval of the ENGINEER. No request for substitution shall be considered that would decrease film thickness or offer a change in the generic type of coating specified. In no case will the request be considered unless information is received, in writing, ten (10) days prior to the bid opening date. C. Requests for substitution shall include: 1. Manufacturer's literature for each product giving name, product number, generic type, descriptive information, laboratory testing showing results equal to the performance criteria of the products specified herein. 2. Side by side comparison of the performance attributes of the proposed materials as compared to the specified coating system. 3. List of ten (10) projects in which each product has been used and rendered satisfactory service. 4. The sum which will be added to or deducted from the base bid should alternate materials be accepted. 2.02 MANUFACTURERS A. Special Coatings: One of the following or equal: 1. Sherwin-Williams 2. Tnemec 3. Or Equal. 2.03 COATING MATERIALS A. Prime and Stripe Coat 1. Phenicon High Solids Flake Filled epoxy novolac phenolic coating. a. Phenicon HS Flake Filled b. Or Equal B. Topcoat 1. Phenicon High Solids epoxy novolac phenolic coating. a. Phenicon HS b. Or Equal MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 09960 2.04 MIXES A. Mix epoxy parts in accordance with manufacturer's instructions. PART 3 EXECUTION 3.01 GENERAL PROTECTION A. Protect adjacent surfaces from coatings and damage. Repair damage resulting from inadequate or unsuitable protection: B. Protect adjacent surfaces not to be coated from spatter and droppings with drop cloths and other coverings. 1. Mask off surfaces of items not to be coated or remove items from area. C. Furnish sufficient drop cloths, shields and protective equipment to prevent spray or droppings from fouling surfaces not being coated and in particular, surfaces within storage and preparation area. D. Place cotton waste, cloths and material which may constitute fire hazard in closed metal containers and remove daily from site. E. Remove electrical plates, surface hardware, fittings and fastenings, prior to application of coating operations. Carefully store, clean and replace on completion of coating in each area. Do not use solvent or degreasers to clean hardware that may remove permanent lacquer finish. 3.02 GENERAL PREPARATION A. Prepare surfaces in accordance with coating manufacturer's instructions, unless more stringent requirements are specified in this Specification. B. Protect following surfaces from abrasive blasting by masking, or other means: 1. Threaded portions of valve and gate stems. 2. Machined surfaces for sliding contact. 3. Surfaces to be assembled against gaskets. 4. Surfaces of shafting on which sprockets are to fit. 5. Surfaces of shafting on which bearings are to fit. 6. Machined surfaces of bronze trim, including those slide gates. 7. Cadmium -plated items except cadmium -plated, zinc -plated, or sherardized fasteners used in assembly of equipment requiring abrasive blasting. 8. Galvanized items, unless scheduled to be coated. C. Protect installed equipment, mechanical drives, and adjacent coated equipment from abrasive blasting to prevent damage caused by entering sand or dust. D. Ferrous Metal Surfaces: 1. Remove grease and oil in accordance with SSPC SP -1. MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 09960 2. Remove rust, scale, and welding slag and spatter, and prepare surfaces in accordance with appropriate SSPC standard as specified herein. 3. Abrasive blast surfaces prior to coating. 4. When abrasive blasted surfaces rust or discolor before coating, abrasive blast surfaces again to remove rust and discoloration. 5. When metal surfaces are exposed because of coating damage, abrasive blast surfaces before touching -up. E. Ferrous Metal Surfaces to be Submerged: Minimum surface preparation is Near White Metal Blast Cleaning per SSPC-SP10/NACE 2. Blast clean all surfaces using a sharp, angular abrasive for optimum surface profile (2 mils / 50 microns). Remove all weld spatter and round all sharp edges. Prime any bare steel the same day as it is cleaned or before flash rusting occurs. F. Ferrous Metal Surfaces not to be Submerged: Minimum surface preparation is Commercial Blast Cleaning per SSPC-SP6/NACE 3. For better performance, use Near White Metal Blast Cleaning per SSPC-SP10/NACE 2. Blast clean all surfaces using a sharp, angular abrasive for optimum surface profile (2 mils / 50 microns). Prime any bar same day as it is cleaned or before flash rusting occurs. G. Sherardized, Aluminum, Copper, and Bronze Surfaces: Prepare in accordance with coating manufacturer's instructions. H. Galvanized Surface: 1. Degrease or solvent clean to remove oily residue. 2. Power tool or hand tool clean or whip abrasive blast. 3. Apply metal pretreatment within 24 hours before coating galvanized surfaces that cannot be thoroughly abraded physically, such as bolts, nuts, or preformed channels. Grind sharp edges to approximately 1/16 inch radius before abrasive blast cleaning. Remove and grind smooth all excessive weld material and weld spatter before blast cleaning. K. Cleaning of Previously Coated Surfaces: 1. Utilize cleaning agent to remove soluble salts such as chlorides and sulfates from concrete and metal surfaces. a. Cleaning Agent: Biodegradable non-flammable and containing no volatile organic compounds. b. Manufacturer: Chlor -Rid International, Inc., or accepted equal. 2. Cleaning of surfaces utilizing the decontamination cleaning agent may be accomplished in conjunction with abrasive blast cleaning, high pressure, washing, or hand washing as approved by the coating manufacturer's representative and the ENGINEER. 3. Test cleaned surfaces in accordance with the cleaning agent manufacturer's instructions to ensure all soluble salts have been removed. Additional cleaning shall be carried out as necessary. MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 09960 4. Final surface preparation prior to application of new coating system shall be made in strict accordance with coating manufacturer's printed instructions 3.03 GENERAL APPLICATION REQUIREMENTS A. Apply coatings in accordance with manufacturer's instructions. B. Coat metal unless specified otherwise. 1. Aboveground piping to be coated shall be empty of contents during application of coatings. C. Verify metal surface preparation immediately before applying coating in accordance with SSPC Pictorial Surface Preparation Standard. D. Allow surfaces to dry, except where coating manufacturer requires surface wetting before coating. E. Wash coat and prime sherardized, aluminum, copper, and bronze surfaces, or prime with manufacturer's recommended special primer. F. Apply minimum number of specified coats. G. Apply coats to thicknesses specified, especially at edges and corners. H. Apply additional coats when necessary to achieve specified thicknesses. Coat surfaces without drops, ridges, waves, holidays, laps, or brush marks. J. Remove spatter and droppings after completion of coating. K. Apply coating by brush, roller, trowel, or spray, unless particular method of application is required by coating manufacturer's instructions or these Specifications. L. Spray Application: 1. Stripe coat edges by brush before beginning spray application, as necessary, to ensure specified coating thickness along edges. 2. When using spray application, apply coating to thickness not greater than that recommended in coating manufacturer's instructions for brush coat application. 3. Conduct spray coating under controlled conditions. Protect adjacent construction and property from coating mist or spray. M. Drying and Recoating: 1. Provide fans, heating devices, or other means recommended by coating manufacturer to prevent formation of condensate or dew on surface of substrate, coating between coats and within curing time following application of last coat. 2. Limit drying time to that required by these Specifications or coating manufacturer's instructions. MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 09960 3. Do not allow excessive drying time or exposure which may impair bond between coats. 4. Recoat epoxies within time limits recommended by coating manufacturer. 5. When time limits are exceeded, abrasive blast clean prior to applying another coat. 6. When limitation on time between abrasive blasting and coating cannot be met before attachment of components to surfaces which cannot be abrasive blasted, coat components before attachment. 7. Ensure primer and intermediate coats of coating are unscarred and completely integral at time of application of each succeeding coat. 8. Touch up suction spots between coats and apply additional coats where required to produce finished surface of solid, even color, free of defects. 9. Leave no holidays. 10. Sand and recoat scratched, contaminated, or otherwise damaged coating surfaces so damages are invisible to naked eye. 3.04 HIGH SOLIDS EPDXY SYSTEM A. Application: 1. Apply coatings per manufactures recommendations and in accordance with general application requirements and as follows: a. Apply the prime and stripe coat with Phenicon HS Flake Filled in single coat system with minimum total dry film thickness (DFT) of 5-6 mils. b. Apply the topcoat with Phenicon HS in 2 -coat system with minimum total dry film thickness (DFT) of 5-6 mils. c. Recoat or apply succeeding epoxy coats within time limits recommended by manufacturer. Prepare surfaces for recoating in accordance with manufacturer's instructions. d. Coat metal to be submerged before installation when necessary, to obtain acceptable finish and to prevent damage to other surfaces. e. Coat entire surface of support brackets, stem guides, pipe clips, fasteners, and other metal devices bolted to concrete. f. Coat surface of items to be exposed and adjacent 1 inch to be concealed when embedded in concrete or masonry. 3.05 FIELD QUALITY CONTROL A. Each coat will be inspected. Strip and remove defective coats, prepare surfaces and recoat. When approved, apply next coat. B. Control and check dry film thicknesses and integrity of coatings. C. Wet -Film Thickness shall betaken every 100 square feet in accordance with ASTM D4414 or other agreed-upon method. D. Measure dry film thickness with calibrated thickness gauge. MWW MAY 2016 PAGE 1 CITY OF MERIDIAN WRRF DAFT NO. 2 RECOATING PROJECT 123.0300 SECTION 09960 E. The Dry -Film Thickness (DFT) shall be measured in accordance with SSPC-PA2 Measurement of Dry Coating Thickness. Verify DFT of each coat and total DFT of each coating system are as specified. F. Dry film thicknesses on ferrous -based substrates may be checked with Elcometer Type 1 Magnetic Pull -off gage or Positector 6000. G. Verify coat integrity with low -voltage holiday detector. Holiday test in accordance with ASTM D5162 for steel, or ASTM D4787 for concrete. Allow ENGINEER to use detector for additional checking. 1. Areas which do not pass the spark detection test shall be properly repaired in accordance with the manufacturer's instructions and retested at no cost to the OWNER. 2. Submit written reports of the test results and actions taken to correct non- conforming work. H. Check wet film thickness before coal tar epoxy coating cures on concrete or non- ferrous metal substrates. Measure and record ambient air temperature, relative humidity and dew point temperature once every two hours of work shift. J. Measure and record substrate temperature once every two hours using an infrared or other surface thermometer. K. Arrange for services of coating manufacturer's field representative to provide periodic field consultation and inspection services to ensure proper surface preparation of facilities and items to be coated, and to ensure proper application and curing. 1. Notify ENGINEER 24 hours in advance of each visit by coating manufacturer's representative. 2. Provide ENGINEER with a written report by coating manufacturer's representative within 48 hours following each visit. 3.06 REPAIR A. Damaged Materials: Repair or replace damaged materials and surfaces not scheduled to be coated. B. Damaged Coatings: Touch-up or repair damaged coatings. Touch-up of minor damage shall be acceptable where result is not visibly different from adjacent surfaces. Recoat entire surface where touch-up result is visibly different, either in sheen, texture, or color. C. Coating Defects: Repair in accordance with manufacturer's instructions coatings that exhibit film characteristics or defects that would adversely affect performance or appearance of coating systems. 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Gw w m <� ? w o E q a oz o � �Y YS m aF < 2 i<m In N Y WZ fywj rl N N O.y K z V 2 1 1 1 o N N < _i%~rrV YR'd j~Xaaaa g w tciiZZ <7"i _ zz 1'Yi N'Ssi N�wEi�� Q m Za Jg Z i p, 14 IL1- NNN N N KNW�iI Oa J J tp 5 W W W a y� 3NNNN «� J J N=22 2 o W yj J <Mwpzw 2� 6 1271 EiE �e �J<NntD Nm^ NNN NNNr9f 7 pa°d3iia iii g i �y z, N CL f{{jjl�! '¢ m �t z N� MW a F �v I vYi tl ' I ' _ __L_—_ _ t2 h N � m —_ I n Y N ♦ h � �) �m p a BI D R E S U L T S S i g n e d B i d B o n d L i c # S u b s x x x x At t e s t : K e i t h W a t t s DU E D A T E & T I M E : M A Y 1 1 , 2 0 1 6 2 : 3 0 BI D N U M B E R : P W - 1 6 2 9 - 1 0 6 0 9 . B - 1 BI D N A M E : D A F T 2 R E C O A T I N G P R O J E C T - R E B I D BI D A M O U N T $7 6 , 7 0 4 . 0 0 Op e n e d b y : K a t h y W a n n e r VE N D O R Co n t r a c t o r s N o r t h w e s t PAYMENT BOND Bond No.: BD749382 ECEIVI MAY CONTRACTOR: 2U1G (Name, legal status and addressF r NA N C E Contractors Northwest, Inc. PO Box 6300 Coeur d'Alene ID 83816-1938 DEPT Nationwide Mutual Insurance Company SURETY: (Name, legal status and principal place of business) Nationwide Mutual Insurance Company A 9380 Station St., Suite 100 Lone Tree CO 80124 OWNER: (Name, legal status and address) City of Meridian, Idaho 33 East Broadway Avenue Meridian ID 83642 CONSTRUCTION CONTRACT Date: June 7, 2016 Amount: Seventy -Six Thousand Seven Hundred Four Dollars—($76,704.00)— Description: (Name and location) DAFT 2 Recoating Project, Project 10609.111-1 BOND Date: June 7, 2016 (Not earlier than Construction Contract Date) Amount: Seienty-Six Thousand Seven Hundred Four Dollars— $76,704.00)— Modifications to this Bond: 0 None See Section 18 _T_ CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporat6 Seal) Contractors Northwest c. Nationwide Mutual nsur ce oa� Signature: Signature: Name and Title oh L. Green, Attorney -in -Fact Fame and e: Thomas LdRiViere President (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Inland Insurance, Inc. (Architect, Engineer or other party) E 9016 Indiana, Suite A Spokane Valley WA 99212 (509) 456-2648 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment The Company executing this bond vouches that this document conforms to American institute of Architects Document A312,2010 edition 1 furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 2 § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 3 § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: Address: SURETY (Corporate Seal) Company: Signature: Name and Title: Address: (Corporate Seal) The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: JAMES P. DINNEEN JOHN L. GREEN SPOKANE VALLEY WA each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and ail bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of ONE MILLION AND NO/100 DOLLARS $ 1,000,000.00 and to bind the Company thereby, as fully and to the same extent as if such Instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of Indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature thatthe business of the Company may require; and to modify or revoke, with or without cause, any such appointmentor authority; provided, however, that the authority granted hereby shall In no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney Issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 11 day of February , 2014. Aff �y,�' ��!* "' °.+' Terrance Williams, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company /; S� / ' and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, 7.'S�I.s+/ �, $EL,j,'�/ AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance •` .:_.. '. / ` I Company ACKNOWLEDGMENT I , A& �' ! STATE OF IOWA, COUNTY OF POLK: ss Dewe q� : `C+, / °�S / . � On this 13'hday of February 2014. before me came the above-named officer for the Companies aforesaid, to 0;$))(,� me personally known to be the officer described in and who executed the preceding instrument, and he `•., acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer ........... of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the authority and .♦�\, .♦' direction of said Companies. Sandy Alitz ,` ;(��T ' Notarial Seal — Iowa /• +'j / iJl+ALr / commisslonNumber 152785 Notary Public �♦ `+,�;� My Commission Expires ExpiMarch, 2d, 2on My Commission Expires � \�♦ ,\ww CERTIFICATE March 24, 2017 I, Robert W Horner Ili, Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution Included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this 7th day of June , 20 16 Secretary This Power of Attorney Expires 09/18/18 BDJ 1(03-14) 00 26535 PERFORMANCE I"E j vE Nationwide Mutual Insurance Company MAY 14 2016 Bond No.: BD749382 CONTRACTOR: (Name, legal status and address) Contractors Northwest, Inc. PO Box 6300 Coeur d'Alene ID 83816-1938 OWNER: (Name, legal status and address) City of Meridian, Idaho 33 East Broadway Avenue Meridian ID 83642 FINANCE DEPT SURETY: (Name, legal status and principal place of business) Nationwide Mutual Insurance Company - 9380 Station St., Suite 100 Lone Tree CO 80124 CONSTRUCTION CONTRACT Date: June 7, 2016 Amount: Seventy -Six Thousand Seven Hundred Four Dollars ($76,704.00)— Description: (Name and location) DAFT 2 Recoating Project, Project 10609.11-1 BOND Date: June 7, 2016 (Not earlier than Construction Contract Date) Amount: Seventy -Six Thousand Seven Hundred Four Dollars— $76,704.00)— Modifications to this Bond: 0 None See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Contractors Northwest, Inc. Nationwide Mut surance Co ny Signature:, _ Signature: N&me an(iZitW* Thomas LaRiviere Name and e: ohn L. Green, Attorney -In -Fact President (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY — Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Inland Insurance, Inc. (Architect, Engineer or other party:) E 9016 Indiana, Suite A Spokane Valley WA 99212 (509)456-2648 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 1 Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 2 to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than: those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 3 KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: JAMES P. DINNEEN JOHN L. GREEN SPOKANE VALLEY WA each In their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory Instruments of similar nature, in penaftles not exceeding the sum of ONE MILLION AND NO/100 DOLLARS $ 1,000,000.00 and to bind the Company thereby, as fully and to the same extent as If such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or anyvice president be, and each hereby Is, authorized and empowered to appoint attorneys -In -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of Indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory In naturethatthe business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, thatthe authority granted hereby shall In no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys -In -fact shall have full power and authorityto execute and deliver any and all such documents and to bindthe Company subject to the terms and limitations of the power of attorney Issued to them, and to affixthe seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this Instrument to be sealed and duly attested by the signature of its officer the 1 e day of February, 2014. fA ++ Terrance Williams, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company Farmland Mutual Insurance Company; Vice President Nationwide Mutual Insurance Company, and and of AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance ' • Company 47!k` ACKNOWLEDGMENT `'m"!y� moi ,\W4 +, ! STATE OF IOWA, COUNTY OF POLK: ss �S / /�• � '; � On this 131' day of February 2014. before me came the above-named officer for the Companies aforesaid, to me personalty known to be the officer described In and who executed the preceding Instrument, and he '•., = ' acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer �a,=�I �of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said instrument bythe authority and +�, direction of said Companies. sway nna � `'o.•w�'' � �+�..w'�+s+� / / ��7 ;' I ' Notarial Seal — Iowa /+ .1 ilJ.�. *� // Commis®N®bar 152785 Nota Public �==� My Commis�an Expires March, 24, 2017 My Commission '• Expires CERTIFICATE March 24, 2017 I, Robert W Horner III, Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution Included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended In any manner; that said Terrance Williams was on the date of the execution of the foregoing power of attorneythe duly elected officer of the Companies, and the corporate seals and his signature as officer were duty affixed and subscribed to the said Instrument by the authority of said board of directors; andthe foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this 7th day Of June , 20 16 Secretary This Power of Attorney Expires 09/18/18 BDJ 1(03-14) 00 26535 OP ID: MH �A��R" CERTIFICATE OF LIABILITY INSURANCE DA05/19/201TE Y) 05H 9/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER Inland Insurance Inc. 9016 E Indiana Ave., Suite A RE Spokane Valley, WA 99212_; JAAY 1• 2016 James P Dinneen AY l 4 CONTACT NAME: PHONEFAA o E AIC No): MAIL ADDRESS: PRODUCER CONTR-1 CUSTOMER ID AFFORDING COVERAGE NAIC # _INSURERS INSURED Contractors Northwest, Inc.f- INSURERA:Alaska National Ins CO 38733 PO Box 6300-1- Coeur d'Alene, ID 83816-1938 INSURER B: Idaho State Insurance Fund DAMAGE TO RENTEU_ PREMISES Ea occurrence $ 100,00 A INSURER C: INSURER 0: X INSURER E: 04110/2016 INSURER F: MED EXP Any one person) $ 5,00 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCEIn& a Municipal Corporation POLICY NUMBER POLICY EFF MOL/DD/ EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000. DAMAGE TO RENTEU_ PREMISES Ea occurrence $ 100,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx_] OCCUR X X 16DPS08913 04110/2016 0411012017 MED EXP Any one person) $ 5,00 PERSONAL & ADV INJURY $ 1,000,00 X Pollution Liab GENERAL AGGREGATE $ 2,000+00 GEN'L AGGREGATE LIMIT APPLIES PER, PRODUCTS - COMP/OP AGG $ 2,000,00 Pollution $ 1,000,00 POLICY X PRO LDC A AUTOMOBILE X LIABILITY ANY AUTO X X 16DAS08913 04/1012016 04/1012017 COMBINED SINGLE LIMIT $ 1,000,00 (Ee accident) BODILY INJURY (Per person) $ X X ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (PER ACCIDENT) $ $ X NON -OWNED AUTOS $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000,00 AGGREGATE $ 5,000,00 A EXCESS LIAB CLAIMS -MADE 16DLU08913 04/10/2016 04N012017 DEDUCTIBLE $ $ X RETENTION 10000 B A WORKERS COMPENSATIONX AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A 523027 16DPS08913 WA STOP GAP 04/01/2016 0411012016 04101/2017 04/1012017 ITWC SLATU- OE H- E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 ifes, describe under DESCRIPTION OF OPERATIONS below 1 000 00 E.L. DISEASE - POLICY LIMIT S r r DESCRIPTION OF OPERATIONN/ LOCATIONS / VEHICLES (Attach ACORD 101 Additional Remarks Schedule; H more apace Is required) E: Pr je . 106 -1 Daft Recoatin project. Cl of Meridian, its e� ecte o �clals, o e s, e o ees, a nts, at�n vo nteers�are rl �� ya insur� gtformts�I�C�CAo��50 0U13 A IC MASON; Af�IFE"9�2 T2 r attached. CERTIFICATE HOLDER CANCELLATION CITYOFM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Meridian THE DATE THEREOF, E WILL BE DELIVERED IN ACCORDANCEIWITHTHE POLICY PROVISIONS. a Municipal Corporation 33 E Broadway Ave Meridian, ID 83642 AUTHORIZED REPRESENTATIVE 7 ��1 Jm Okmw,lPmleer,l ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD Alaska National INSURANCE COMPANY ADDITIONAL INSURED (CONTRACTORS) - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Who Is An Insured (Section II) is amended to include as an insured any person or organization (herein referred to as an additional insured), but only if you are required to add that person or organization as an insured to this policy by a written contract that is in effect prior to the "bodily injury", "property damage", or "personal and advertising injury". 2. The insurance provided to the additional insured is limited as follows: a. That person or organization is only an additional insured if, and only to the extent that, the injury or damage is caused by negligent acts or omissions of you or your subcontractor in the performance of "your work" to which the written contract applies. The person or organization does not qualify as an additional insured with respect to injury or damage caused in whole or in part by independent negligent acts or omissions of such person or organization. b. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: i. the preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, design or specifications; and ii. supervisory, inspection, or engineering services. c. The insurance provided to the additional insured, referred to in paragraph 1. of this endorsement, does not cover "bodily injury" or "property damage" caused by your negligent acts and omissions in the performance of "your work" that occurs within the "products - completed operations hazard," unless the written contract, referred to in paragraph 1. of this endorsement, contains a specific requirement that you procure completed operations coverage or coverage within the "products -completed operations hazard" for the additional insured. However, even if coverage within the "products -completed operations hazard" is required by the written contract, such coverage is available to the additional insured only if the "bodily injury" or "property damage" occurs prior to the end of the time period during which you are required by the written contract to provide such coverage or the expiration date of the policy, whichever comes first. If other valid and collectible insurance, whether on a primary, excess, contingent or any other basis, is available to the additional insured for a loss we cover under this endorsement, then the insurance provided by this endorsement is excess over that other insurance. However, the insurance provided by this endorsement will be primary to other insurance on which the additional insured is a named insured for the covered loss, if the written contract, referred to in paragraph 1. of this ANIC GL 1061 03 08 Page 1 of 2 Alaska National INSURANCE COMPANY endorsement, contains a specific requirement that this insurance be primary or primary and non- contributory. In that case we will not share with that other insurance on a pro -rata or other basis. If the other insurance available to the additional insured, whether on a primary, excess, contingent or any other basis, is coverage for which it has been named as an additional insured, then the coverage provided by this endorsement is excess over that other insurance. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Insured Countersigned By Policy No. Endorsement No. 13 ANIC GL 1061 03 08 Page 2 of 2 ap Alaska Na oval INSURANCE COMPANY BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Various provisions in this endorsement restrict SECTION IV — Business Auto Conditions, coverage. Read the entire policy carefully to Paragraph A. 5. — Transfer of Rights of Recovery determine rights, duties, and what is and is not Against Others To Us is amended to include: covered. Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us", and "our" refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V — DEFINITIONS in the Business Auto Coverage Form. The coverages provided by this endorsement apply per "accident" and, unless otherwise specified, are subject to all of the terms, conditions, exclusions and deductible provisions of the policy, to which it is attached. SECTION II — COVERED AUTO LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include: d. Any "employee" of yours while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. e. Any person or organization for whom you have agreed in writing to provide insurance such as is afforded by this Coverage Form, but only with respect to liability arising out of the ownership, maintenance or use of "autos" covered by this policy. If such person or organization has other insurance then this insurance is primary to and we will not seek contribution from the other insurance. 5. Transfer of Rights of Recovery Against Others to Us This condition does not apply to any person(s) or organization(s) to the extent that subrogation against that person or organization is waived prior to the "accident" or the "loss" under a contract with that person or organization. SECTION II — COVERED AUTO LIABILITY COVERAGE, Paragraph A.2.a. (2) — Supplementary Payments is replaced by the following: (2) Up to $10,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. SECTION II — COVERED AUTO LIABILITY COVERAGE, Paragraph A.2.a. (4) — Supplementary Payments is replaced by the following: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. ANIC CA 1150 10 13 Producer Copy Page 1 of 4 h Alaska Na 'anal INSURANCE COM PAN Y SECTION II — COVERED AUTO LIABILITY COVERAGE, Paragraph A.2.c. —Voluntary Property Damage is added as follows: c. Voluntary Property Damage At your written request, we may make a voluntary payment for Property Damage caused by an "insured", but without liability to a third party, up to $25,000. We will not make a Voluntary Property Damage payment to anyone who is an "insured" under this policy. SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph A.2. —Towing is replaced by the following: Towing We will pay up to $500 for towing and labor costs incurred each time a covered "auto" that is a: a. Private passenger; b. Truck; c. Pick-up truck; d. Panel ; or e. Van type vehicle under 20,000 lbs. of Gross Vehicle Weight is disabled. However, the labor must be performed at place of disablement. SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph A.3. — Glass Breakage — Hitting a Bird or Animal — Falling Objects or Missiles is replaced by the following: Glass Breakage — Hitting a Bird or Animal — Falling Objects or Missiles If you carry Comprehensive Coverage for the damaged covered "auto", we will pay the following under Comprehensive Coverage: a. Glass Breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" collision or overturn considered a "loss" under Collision Coverage. Glass Repair —Waiver of Deductible No deductible applies to glass breakage, if the glass is repaired rather than replaced. SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph AA.a. — Transportation Expenses is replaced by the following: a. Transportation Expenses We will pay up to $200 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" that is a: (1) Private passenger; (2) Truck; (3) Pick-up truck; (4) Panel; or (5) Van type vehicle under 20,000 lbs. of Gross Vehicle Weight. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". ANIC CA 1150 10 13 Producer Copy Page 2 of 4 arAlaska Na. 'anal INSURANCE COMPANY SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph AA.b. — Loss of Use Expenses is replaced by the following: b. Loss of Use Expenses — Hired, Rented, or Borrowed Automobiles We will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle hired, rented or borrowed without a driver under a written rental contract or agreement. We will pay for loss of use expenses, if caused by: (1) Other than Collision, only if the Declarations indicate that Comprehensive Coverage is provided for the vehicle withdrawn from service. (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for the vehicle withdrawn from service. (3) Collision only if the Declarations indicate that Collision Coverage is provided for the vehicle withdrawn from service. However, the most we will pay for any expenses for loss of use is $200 per day, to a maximum of $1,500. SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph A.4.c. — Non -Transportation Loss of Use Expenses is added as follows: c. Non -Transportation Expenses We will pay up to transportation expense because of "loss" to a caused by: Loss of Use $2,000 for non - incurred by you, covered "auto", if (1) Other than Collision, only if the Declarations indicate that Comprehensive Coverage is provided for the "auto" withdrawn from service; ANIC CA 1150 10 13 Producer Copy (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for the "auto" withdrawn from service; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for the "auto" withdrawn from service. SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph AAA. — Airbag Coverage is added as follows: d. Airbag Coverage We will pay for the cost to repair, replace, or reset an airbag that inflates for any reason other than as a result of a collision, if the Declarations indicate that the covered "auto" has Comprehensive Coverage or Specified Causes of Loss Coverage. SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph A.4.e. — Rental Reimbursement Coverage is added as follows: e. Rental Reimbursement Coverage We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto" that is a: (1) Private Passenger; (2) Truck; (3) Pick-up truck; (4) Panel; or (5) Van type vehicle under 20,000 lbs. of Gross Vehicle Weight. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. Page 3 of 4 apAlaska Na oval INSURANCE COMPANY (1) We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto". (b) 30 days. (2) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. (3) The Rental Reimbursement Coverage described above does not apply to a covered "auto" that is described or designated as a covered "auto" on Rental Reimbursement Coverage Form CA 99 23. SECTION IV — BUSINESS AUTO CONDITIONS — Paragraph B.2. — Concealment, Misrepresentation Or Fraud is amended by adding Unintentional Failure to Disclose Hazards at the end of Paragraph B.2. as follows: Unintentional Failure to Disclose Hazards If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. SECTION IV — BUSINESS AUTO CONDITIONS — Paragraph B.5.b. — Other Insurance is replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent, or borrow; and (2) Any covered "auto"" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". SECTION V — DEFINITIONS — Paragraph C. — "Bodily injury" is replaced by the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including death or mental anguish resulting from any of these. Mental anguish means any type of mental or emotional illness or disease This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. 3 Countersigned By © Insurance Services Office, Inc., 2009 ANIC CA 1150 10 13 Producer Copy Page 4 of 4 AVNSalaURANCE COMPANY COMMERCIAL GENERAL LIABILITY COVERAGE ENHANCEMENT ENDORSEMENT THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Various provisions in this endorsement restrict (b) Not being used to carry persons or coverage. Read the entire policy carefully to property for a charge. determine rights, duties, and what is and is not covered. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B, Paragraph 1.b, is replaced by the following: Throughout this policy, the words "you" and 'your' refer to the Named Insured shown in the Declarations. The words "we", "us", and "our" refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V — DEFiNITIONS in the Commercial General Liability Coverage Form. The coverages provided by this endorsement apply per "occurrence" and, unless otherwise specified, are subject to all of the terms, conditions, exclusions and deductible provisions of the policy, to which it Is attached. NON -OWNED WATERCRAFT AMENDMENT A. If endorsement CG 2109, CG 21 10, CG 24 50, or CO 24 51 Is attached to the policy, Paragraph A. 2. g. (2) (b) is replaced by the following: (b) A watercraft that you do not own that is: (1) Less than 50 feet long: and (11) Not being used to cavy persons or property for a charge. B. If Paragraph A. does not apply, Paragraph g. (2) of 2. EXCLUSION under SECTION I — COVERAGES, COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: (2) A watercraft that you do not own that is: (a) Less than 50 feet long; and b. Up to $10,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B, Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit, including actual loss of earnings up to $500 a day because of time off from work. SECTION If —WHO IS AN INSURED, paragraph 2.e. is added as follows: !. Any person(s) or organization(s) (referred to throughout this coverage form as vendor) for whom you have agreed in writing to provide insurance such as is afforded by this coverage form but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendors business. However: (1) The insurance afforded to such vendor only applies to the extent permitted by law; and ANIC GL 1162 12 15 Page 1 of 4 (2) If coverage provided to the vendor is required by a contract or agreement, the Insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. With respect to the insurance afforded to these vendors, the following additional exclusions apply. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged In the original container; 9. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor, or h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Sub- paragraphs d. or f.; or (2) Such Inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. SECTION If — WHO IS AN INSURED, paragraph 21 is added as follows: f. Any person(s) or organizations) for whom you have agreed in writing to provide Insurance as Is afforded by this coverage form but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you by such person(s) or organization(s). This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person(s) or organization(s). However. (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) The coverage to the additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. ANIC GL 1182 1215 Page 2 of 4 "�--77777j ' ■ SECTION Ih — LIMITS OF INSURANCE, Paragraph S. Is replaced by the following: 6. Subject to Paragraph 6. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of "property damage° to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. If a limit is shown for Damage to Premises Rented to You the most we will pay under Coverage A for damages because or 'property damage* to any one premises is the Limit shown in the Declarations or $500,000, whichever is greater. SECTION III — LIMITS OF INSURANCE, Paragraph 7. Is replaced by the following: 7. Subject to Paragraph S. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily Injury" sustained by any one person. If a limit is shown for Medical Expense In the Declarations the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person is the Limit shown in the Declarations or $15,000, whichever is greater. SECTION iII — LiMITS OF INSURANCE, the following is added: With respect to the insurance afforded to the insureds described in Paragraphs 2.e. and 21 of Section 11— Who Is An Insured, if coverage provided to such insured is required by a contract or agreement, the most we will pay on behalf of such insured is the amount of insurance: (1) Required by the contract or agreement; or (2) Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This provision shall not increase the applicable Limits of Insurance shown in the Declaration. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS — Paragraph 4. -- Other insurance is amended to add: d. Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. This Paragraph d. supersedes any provision to the contrary in Paragraphs a. through c. above. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS — Paragraph S. — Representations is replaced by the following: S. Representations By accepting this policy, you agree: a. The statements In the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error In, any information you provided to us which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable laws and regulations. ANIC GL 1162 1215 Page 3 of 4 INSURANCE COMPANY SECTION N - COMMERCIAL GENERAL LIABILITY CONDITIONS - is amended to add Paragraph 10. 10. Blanket Waiver of Transfer of Rights of Recovery Against Others We waive any right of recovery we may have against any person or organization as required in a written contract because of payments we make for injury or damage arising out of "your work" done under a written contract. The waiver applies only to the person or organization required by written contract and then only if the contract requires you to obtain this agreement from us. SECTION V - DEFINITIONS - Paragraph 3. - !Bodily Injury" is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person including death or mental anguish resulting from any of these. Mental anguish means any type of mental or emotional illness or disease This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The Information below is required only when this endorsement is Issued subsequent to commencement of the policy. Endorsement Effective Insured Countersigned By Policy No. Endorsement No. 14 Includes copyrighted material of Insurance Services Office, Inc., with its permission ANIC GL 1162 12 15 Page 4 of 4 DATE (MMIDDrfrM A� CERTIFICATE OF LIABILITY INSURANCE 05/19/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). coNTACT PRODUCER 482 NAME: - -- —_ .1 FAX _. . Inland Insurance Inc 9016 E Indiana Ave Ste A RECEIVE(i Spokane Valley, WA 99212 • 9 INSURED $ Contractors Northwest Inc FINANCE DBA CNI NW INC DEPT PO Box 6300 $ Coeur D Alene, ID 83816-1938 >Y A: INSURER C :T!9 1NSURER D Idaho State Insurance Fund INSURER E: DVERAGES ctrcllrI1,Alr IvulrloF-". OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BEL INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SR ADDL SUBR _L 1'. MMIDD Y EFF MMPOLICY EXP LIMITS R TYPE OF INSURANCE I WV POLICY NUMBER /DD EACH OCCURRENCE $ GENERAL LIABILITY I DAMAUh I U KLNTED FBI COMMERCIAL GENERAL LIABILITY ICLAIMS -MADE ❑ OCCUR LIMIT APPLIES PER: AUTOMOBILE LIABILITY I SCHEDULEDAUTOSNON-OWNED AUTOS OCCUR CLAIMS-MACENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y1 in N / A I 1523027 MED EXP (Any aneerson) PERSONAL & ADV INJURY i $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ EACH OCCURRENCE $ AGGREGATE $ y WCSTATU- X COH- Increased EL PELEACH�AcQDENT $ 1,000 04/01/2016 04/01/2017 1,000 EMPLOYE $ASF -POLICY LIMIT $ 1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Project: Daft 2 Recoating Project - Rebid CERTIFICATE HOLDER - -- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE of Meridian THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Finance ////�� C�y/fJ/ZLG 33 E Broadway Ave Ste 106 AUTHORIZED REPRESENTATIVE Meridian, ID 83642 C1( ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 5/11/2016 eTRAKiT Home I Setup an Account I Log In Licensee • Username Password LOGIN ❑ REMEMBER ME Forgot Password Permits Search Pay Fees Licenses Search Trade Licenses Search Public Works Inspections Schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Paid Items Contact Contact us Public Works Search Search Again Download Results Printable View -,:nse Number Work Category(s) License Type License Class Status Applicant Name Contractors Northwest, Inc. I PWC -C-10327 00001, 00003 1, 3, 5 UNLIMITED ACTIVE I Contractors North ro 1 1 First Prev Page: 1 of 1 Lic Info I I Fees $4,381.66 Registration #: PWC -C-10327 Issue: 4/29/2016 Expire: 4/30/2017 Type: PUBLIC WORKS Sub -Type: UNLIMITED Status: ACTIVE Company: Contractors Northwest, Inc. Phone: (208) 667-2456 Cell: Pager: Fax: (208) 667-6388 Owner Name: Next L s The Division of Building Safely, makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this website indicates understanding and acceptance of this statement. 1-800-955-3044, 1090 E Watertower St, Suite 150 Meridian ID 83642 HOME I CONTACT https://web.dbs.idaho.gov/eTRAKiT3/Custom/Idaho PublicWorksSearchRslts.aspx 1/1 5/11/2016 IDSOS Viewing Business Entity IDAHO SECRETARY OF STATE tB. _...1 •fid .i . Viewing Business Entity Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for CONTRACTORS NORTHWEST INC. ] [ Monitor CONTRACTORS NORTHWEST INC. business filings ] BOX 6300 COEUR D'ALENE, ID 83816 1938 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING 19 Mar 1976 State of Origin: WASHINGTON Date of 19 Mar 1976 Origination/Authorization: Current Registered Agent: JASON CATES N 3731 RAMSEY RD COEUR D'ALENE, ID 83815 Organizational ID / Filing C53098 Number: Number of Authorized Stock Shares: Date of Last Annual Report: 18 Feb 2016 Annual Report Due: Mar 2017 [ Help Me Print/View TIFF ] Filed 19 Mar 1976 CERTIFICATE OF AUTHORITY [ Help Me Print/View TIFF ] Amendment Filed 19 Mar 1976 OTHER - APPT OF DA - WILLIAM W. NIXON, COEUR D'ALENE Amendment Filed 16 Oct 1980 OTHER - CHG OF RA TO D. DEAN HAAGENSON [ Help Me Print/View TIFF ] Report for year 2016 ANNUAL REPORT View Document Online Report for year 2016 CHNG View Image (PDF formats View OFF/DIR Image (TIFF format) Report for year 2016 CHNG View Image (PDF format) View Image RA/RO (TIFF format) Report for year 2015 ANNUAL REPORT Report for year 2014 ANNUAL REPORT Report for year 2013 ANNUAL REPORT Report for year 2012 ANNUAL REPORT Report for year 2011 ANNUAL REPORT View Document Online View Document Online View Document Online View Document Online View Document Online https://www.accessidaho.org/public/sos/corp/C53098.html 1/2 5/11/2016 IDSOS Viewing Business Entity View Image Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 ANNUAL REPORT View Document Online Report for year 2008 ANNUAL REPORT View Document Online Report for year 2007 ANNUAL REPORT View Document Online Report for year 2006 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2005 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2004 ANNUAL View Image (PDF formats View REPORT Image (TIFF format) Report for year 2003 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2002 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2001 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1999 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1998 ANNUAL View Image (PDF format) View REPORT Imaae (TIFF format) Report for year 1997 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1996 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1995 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1994 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1993 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1992 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1991 ANNUAL View Image (PDF formats View REPORT Image (TIFF format) Report for year 1990 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1989 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1988 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1987 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Idaho Secretary of State's Main Page State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo@sos.idaho.gov https://www.accessidaho.org/public/sos/corp/C53098.html 2/2 Ci t y O f M e r i d i a n St a t e m e n t o f R e v e n u e s a n d E x p e n d i t u r e s - R e v a n d E x p R e p o r t - K a t h y 60 - E n t e r p r i s e F u n d 35 9 0 - W W C o n s t r u c t i o n P r o j e c t s Fr o m 1 0 / 1 / 2 0 1 5 T h r o u g h 9 / 3 0 / 2 0 1 6 Am e n d m e n t s Bu d g e t w i t h Ac t u a l Cu r r e n t Y e a r Re m a i n i n g Bu d g e t Re m a i n i n g Bu d g e t Pe r c e n t o f Ca p i t a l O u t l a y 96 1 5 5 D A F T u p g r a d e p r o j e c t s 10 6 0 9 W R R F D A F T R e c o a t i n g 90 , 0 0 0 . 0 0 0. 0 0 90 , 0 0 0 . 0 0 10 0 . 0 0 % 10 6 0 9 . a W R R F D A F T R e c o a t i n g - De s i g n 0. 0 0 11 , 9 8 0 . 0 0 (1 1 , 9 8 0 . 0 0 ) 0. 0 0 % To t a l C a p i t a l O u t l a y 90 , 0 0 0 . 0 0 11 , 9 8 0 . 0 0 78 , 0 2 0 . 0 0 86 . 6 9 % DE P T E X P E N D I T U R E S 90 , 0 0 0 . 0 0 11 , 9 8 0 . 0 0 78 , 0 2 0 . 0 0 86 . 6 9 % TO T A L E X P E N D I T U R E S 90 , 0 0 0 . 0 0 11 , 9 8 0 . 0 0 78 , 0 2 0 . 0 0 86 . 6 9 % Da t e : 4 / 5 / 1 6 0 1 : 4 1 : 2 9 P M Page: 1 Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: 6F PROJECT NUMBER: ITEM TITLE: Sanitary Sewer Easement Sanitary Sewer Easement between the City of Meridian and Sky Mesa Development, LLC within Southern Highlands Subdivision MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016.049725 BOISE IDAHO Pgs=5 VICTORIA BAILEY 06/08/2016 12:01 PM MERIDIAN CITY NO FEE 00234069201600497260060067 SANITARY SEWER EASEMENT THIS INDENTURE, made this day of , 20 etween %t� f � r �<;-I;d e �' r parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area Sewer Main Easement REV. 04/29/16 described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. . '4� , -"' ' �* we t4l 6, 1't M (02-5-5.-6-U?l e 6..j t, 2 -,fa Address F�ylCL,�,,� 3,6/& Secretary STATE OF IDAHO ) ss County of Ada ) t On this I S day ofA , 201(9, before me, the undersigned, a Notary Public in and for said State, pe onally appeared J iAk S 4 , - 10)+C K and , known or identified to me to be the fregidenrt and 11'1 c� r,� Secretary, respectively, of the that executed the within instrurien and acknowledged to me that such curpnr tan. executed the same. L -L' t� IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day ie written. NOTARY PJJ: Residing at:_ Commission FOR s:.3e REV. 04/29/16 GRANTEE: CITY OF MERIDIAN Approved By City Council On: (0— T Q"� � STATE OF IDAHO ) ss County of Ada ) -k n \ On this day of `�� , 20 1 GZ, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JACY JONES known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. K 1, ULk NOTARY PUBMUDAHO Residing at: Commission Expires: Sewer Main Easement REV. 04/29/16 May 20, 2016 Exhibit "A" Description For CITY OF MERIIDIAN SEWER EASEMENT Proposed Southern Highlands Subdivision No. 2 A portion of the Southeast 1/4 of the Northwest 1/4 of Section 32, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: COMMENCING at the Center -North 1/16 corner of said Section 32 from which the Northwest 1/16 corner of said Section 32 bears North 89°44'45" West, 995.79 feet; Thence South 00°00'00" East, 137.44 feet; Thence North 00°00'00" West, 494.41 feet to the REAL POINT OF BEGINNING; Thence South 46010'32" East, 300.37 feet; Thence South 43°49'28" West, 20.00 feet; Thence North 46010'32" West, 299.34 feet; Thence 20.05 feet along the arc of a non -tangent curve to the left having a radius of 119.00 feet, a central angle of 09039'14", and a long chord which bears North 40°52'04" East, a distance of 20.03 feet to the REAL POINT OF BEGINNING. 7728 OF 0P,� ���Y, ��. SEC 32 --o- NW 1/16 10 60 0 30 120 SCALE: 1" = 60' Mesa 15-130\dwg\Mwidian--EX8.dwg 5/20/2016 1:09:40 PM IADT IDAHO RADIUS I LENGTH 1450 E. WATERTOWER ST. SURVEY 130 Cl MEIR D AN, IDAHO 83642 1 20.05' (208) 846570 GROUP, P.C. N_89'44'45" W_ _ 995.79' SECS 32 C—N j 1/16 I WI CD OIC or CDle o� of 90.00'00" w 494.41' - N CURVE TABLE CURVEI RADIUS I LENGTH I CHORD CHORD BRG. DELTA Cl 1 119.00' 1 20.05' 1 20.03' N 40°52'04" E 9'39'14" EXHIBIT "B" DRAWING FOR CITY OF MERIDIAN SEWER EASEMENT SOUTHERN HIGHLANDS SUBDIVISION NO. 2 LOCATED IN THE SE 1/4 OF THE NW 1/4 SECTION 32, T.3N., R.tE., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO JOB N0, 15-130 1 DWG. DATE 05-20-16 Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: 6G PROJECT NUMBER: ITEM TITLE: Interagency agreement Interagency agreement with ACHD for: Water and Sewer Construction at the Intersection of Ustick Road and Meridian Road, and Ustick Road between Linder and Locust Grove Road MEETING NOTES W Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS WE IDIAN �- Public IDAHO Works Department Mayor Tammy de Weerd City Council Nernberft Keith Bird )oe Borton Luke Cavener Genesis Milam Anne Little Roberts Ty Palmer TO: Mayor Tammy de Weerd Members of the City Council FROM: Jared Hale Engineering Project Manager DATE: May 18, 2016 SUBJECT: INTERAGENCY AGREEMENT WITH ACRD FOR: WATER AND SEWER CONSTRUCTION AT THE INTERSECTION OF USTICK AND MERIDIAN ROAD, AND USTICK ROAD BETWEEN LINDER AND LOCUST GROVE ROAD. ADA COUNTY HIGHWAY DISTRICT (ACRD) PROJECTS 513038, 313039, 512008 AND CITY OF MERIDIAN PROJECT 10432 I. RECOMMENDED ACTION A. Move to: 1. Approve the Interagency Agreement for Ada County Highway District (ACHD) Projects 513038, 313039, and 512008. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Jared Hale, Engineering Project Manager (PM) 489-0370 Clint Dolsby, Assistant City Engineer 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background ACHD plans to expand the Ustick and Meridian Road intersection, and widen Ustick Road between Linder Road and Locust Grove Road. ACHD has agreed, per the attached document, to include City water and sewer improvements as part Page I of 3 of their project. They will incorporate these improvements in their plans and bid documents. B. Proposed Project Ustick Road between Linder and Locust Grove Roads project will construct a new five lane roadway with curb, gutter, and sidewalks. The intersection of Meridian Road and Ustick Road will be widened to seven travel lanes. During construction, ACHD will have City of Meridian water and sewer improvements installed by their contractor. The water portion of the project will consist of adjusting and relocating main line, services, and fire hydrants to accommodate ACHD's road widening and new storm sewer utilities. A new sewer main will be installed in Ustick Road between Meridian Road and Boulder Creek Avenue. IV. IMPACT A. Strategic Impact: This project is aligned with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. B. Fiscal Impact: The costs of the City of Meridian infrastructure improvements are estimated to be $548,597 and will be funded from two different accounts as shown below. The actual costs will be presented to Council for approval following the bid opening for this project. Project Costs: Fiscal Year 2016 Account Code / Codes Water Line Extensions 3490-93505 $298,464 Sewer Line Extensions 3590-96140 $250,133 Total Funding $548,597 VI. TIME CONSTRAINTS ACHD plans to start construction on this project in September 2016. City approval of this agreement is required for ACHD to install sewer and water improvements as part of their project. Page 2 of 3 VII. LIST OF ATTACHMENTS A. Interagency Agreement �we Approved for Council Aienda Date Page 3 of 3 Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: 6H PROJECT NUMBER: ITEM TITLE: School Resource Officer School Resource Officer Agreement with West Ada School District for the 2016-2017 School Year for the Not -to -Exceed Amount of $323,438.00 MEETING NOTES MEM Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS West Ada School District SCHOOL RESOURCE OFFICER AGREEMENT THIS AGREEMENT, entered into by the City of Meridian, a political subdivision of the State of Idaho, hereinafter referred to as "the City of Meridian", and West Ada School District, Meridian, Idaho hereinafter referred to as "the District". WHEREAS, the District desires increased law enforcement from the City, through the Meridian Police Department; and WHEREAS, the City of Meridian and the Meridian Police Department desire to provide increased law enforcement services to the District, through the Meridian Police Department; and WHEREAS, the parties recognize their mutual interest can be furthered through the use of the School Resource Officer (SRO) Program of the Meridian Police Department; NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. This Agreement shall be for the sole benefit of the District and the City and shall not be interpreted to benefit third parties. The relationship of the parties hereto is that of contractor and independent contractor, and it is expressly understood and agreed that each party and their officers, agents, and employees do not in any way, nor for any purpose, become a partner, agent, joint venturer, servant, or employee of the other. 2. The City of Meridian, through the Meridian Police Department, shall provide School Resource Officer services at designated campuses, as referenced in Paragraph 3 below, including, but not limited to: investigating and preventing crimes against persons or property; identifying and arresting violators of state and local laws; filing investigative reports and other required reports or documents; patrolling; and, to a limited extent, maintaining building security, controlling traffic, and enforcing traffic laws. 3. The City of Meridian shall provide one (1) SRO Sergeant for a single point of contact communication, one (1) School Resource Officer at Mountain View High School, one (1) School Resource Officer at Meridian High School, one (1) School Resource Officer at Rocky Mountain High School, one (1) School Resource Officer at Victory Middle School, one (1) School Resource Officer at Meridian Middle School, one (1) School Resource Officer at Sawtooth Middle School, one (1) School Resource Officer at Lewis and Clark Middle School, one (1) School Resource Officer at Heritage Middle School, one (1) School Resource Officer to cover Central Academy, Meridian Academy, Crossroads Middle School, and Pathways Middle School and half (1/2) School Resource Officer to cover the West Ada School District Main Administration building to include the Renaissance High School Campus (shared with ISU who pays other 1/2 of position) 4. As a member of the school management team, the SRO shall endeavor to maintain open and regular communication with the assigned school principal and shall positively promote the school, staff, students, and administration to the community. 5. The Meridian Police Chief and the District will determine how the officers performing the duties under this Agreement will be deployed, and the manner in which the services contemplated by the Agreement shall be provided. The Meridian Police Department will communicate to the assigned school principal whenever concerns or problems regarding scheduling, duties, or other items occur. The interiors of buildings will not be patrolled by SRO's except as is necessary to investigate crimes and apprehend criminal suspects; however, the SRO's shall maintain high visibility with students during break and lunch periods. 6. The Meridian Police Chief and his officers shall have the right to exercise due discretion in the performance of this Agreement, including, but not limited to the type, nature, extent, and result of any response or activity undertaken by the Meridian Police Chief and his officers. 7. a. With the exception of paragraph 7(b) below, the conduct of the Meridian Police Chief and his officers will be governed by the Meridian Police Policy Manual (hereinafter "Manual"). In the event that the District's procedures conflict with the procedures set forth in the Manual, the provisions of the Manual shall prevail. The Manual which will be maintained at the Meridian Police Department shall be an integral part of this Agreement and it is incorporated herein as if set forth fully. b. District and Parental Notifications. Not withstanding any other provisions herein to the contrary, the following procedures shall be used in all instances with regard to notifying the principal and/or a student's parents about the interaction of SROs with students: L When an SRO interviews a student in the course of investigating a crime, the SRO shall notify the school principal, or designee, of the fact that an interview with the student was conducted, no later than the end of the school day in which the interview was conducted. ii. In the event that a student is arrested by an SRO or if the SRO finds it otherwise necessary to remove the student from school, the SRO shall immediately notify the principal of the school, or designee. N. Upon receiving notice of any of the above circumstances from an SRO, the principal, or his or her designee, shall make reasonable efforts to contact the student's parent or guardian. If contact is made, the principal may tell the parent or guardian of the student that a police officer questioned the student, removed the student from campus, or arrested the student, as the case may be, and may further state that additional information may be obtained by contacting the Meridian Police Department or if another enforcement agency is involved of which the principal is aware the principal may then give the parent or guardian that information. iv. If a student's parent or guardian contacts the principal about interviews conducted by an SRO, the principal may disclose any information received by the principal from the SRO and may refer further questions to the Meridian Police Department or the correct law enforcement agency if another law enforcement agency is involved of which the principal is aware. Liability arising from any of the above actions shall be governed by paragraphs 18 and 19 of this Agreement. 8. The City of Meridian shall use ten and one half (10.5) suitably trained police officers in meeting its obligation herein, each of whom may be physically present at one of the school campuses referenced in Paragraph 3, in accordance with a schedule that is mutually agreeable to the District and the Meridian Police Department. If scheduling conflicts occur causing an SRO to be off campus during a scheduled on -campus period, efforts will be made to provide prior notice and arrange with the assigned school principal to provide adequate coverage. 9. Meridian police officers providing additional services and police protection under the terms of this Agreement will wear the authorized uniform of the Meridian Police Department. 10. The parties recognize that the District may from time to time adopt policies, procedures, rules, and regulations affecting the conduct of persons present on the campuses referenced in Paragraph 3. To the extent that violation of those policies, procedures, rules, and regulations constitutes a violation of law, including breach of the peace, or a threat to public health or safety, those policies, procedures, rules, and regulations will be enforced by the Meridian Police Chief and his officers. To the extent that violation of those policies, procedures, rules, and regulations does not constitute a violation of the law, the Meridian Police Department is not required to take law enforcement action and will leave the enforcement thereof to the District. SRO's shall inform the principal, or his designee, of violations of school policies, procedures, rules or regulations of which he/she has personal knowledge. 11. This Agreement is for a period commencing on or about August 15, 2016, and ending on or about June 5, 2017 in accordance with the Meridian School District Calendar. It is agreed under the terms of this Agreement that the SRO's shall commence the duties set forth herein one (1) week prior to the first day of classes in the fall of 2016, and will complete the obligations one (1) day after the last day of classes in June 2017. At the present time, the dates set forth in this section are the anticipated starting and ending dates. However, each party to this agreement recognizes, that as of this date, the start and end dates of the 2016 — 2017 school year are tentative and may be changed, and if there are changes, this Agreement shall incorporate such changes as if set forth fully herein. 12. As consideration for the services provided by the City of Meridian pursuant to the terms of this Agreement, the District shall pay the total sum of $323,438.00 to the City of Meridian in two installments. One-half ($161,719.00) shall be paid on January 30, 2017, and the balance ($161,719.00) on or before May 31, 2017. 13. Security for special events will be approved and the City of Meridian compensated as follows: SPECIAL EVENTS a. The District shall provide the Meridian Police Department with a list of special events and scheduled after-school activities for all schools within the city limits of Meridian at which the District is requesting law enforcement officers to be present. The Meridian Police Department shall provide a minimum of two police officers for each event. b. If an event should arise that is not on the original special event list provided by the District, the Community Service Division (CSD) SRO Sergeant shall attempt to provide two law enforcement officers to comply with the request. RECORD OF TIME AND REIMBURSEMENT C. SRO's who attend a special event at his/her designated school and/or officers who work at special events at the request of a district school principal shall complete a Meridian Police Department Time Slip for the event and the requesting principal or his/her designee must sign and approve the completed slip. The SRO and/or officers shall then submit the Meridian Police Department Time Slip to the SRO Sergeant. PAYMENT d. The SRO Sergeant of the Meridian Police Department shall prepare and submit an invoice to the Meridian City Finance Department. The Meridian City Finance Department will invoice the individual school(s) hosting the W special event(s) at which SRO(s) or other officers worked at the end of each month. The District shall pay one-half (1/2) of the overtime pay due and owing an SRO who worked at the request of his/her designated school at the SRO's hourly overtime salary. The District shall pay Meridian Police Department standard overtime for all other required Meridian Police Department Officers. 14. The parties recognize that a school within the District may desire to have the Meridian Police Department provide additional security services for sanctioned school events. This agreement does not govern the provision of such additional security services. Additional security services for school events may be addressed in an addendum to this Agreement or in a separate agreement at a later date. 15. The District agrees to provide officers with adequate office space and suitable desks and chairs for the purpose of this Agreement. 16. It is acknowledged by the parties that City of Meridian personnel acting pursuant to this Agreement are not the employees or agents of the District or schools within the District, but rather, they remain the employees of the City of Meridian. 17. Law enforcement personnel acting pursuant to this Agreement may be absent from their assigned campuses on holidays observed by the District. 18. In the event the City of Meridian or any of its officers, agents, employees, insurers, or indemnitors have any claim, demand, suit, or judgement asserted against them which arises from acts or omissions of the District, its 8 officers, agents, or employees, the District shall, at its expense, defend and indemnify the City, its officers, agents, employees, insurers, and indemnitors, and hold them harmless in the premises. 19. In the event the District or any of its officers, agents, employees, insurers, or indemnitors have any claim, demand, suit, or judgment asserted against it which arises from acts or omissions of the City of Meridian, its officers, agents, or employees, the City of Meridian shall, at its expense, defend and indemnify District, its officers, agents, employees, insurers, and indemnitor, and hold them harmless in the premises. 20. It is acknowledged by the parties that District personnel acting pursuant to this Agreement are not the employees or agents of the City of Meridian, but rather, they remain the employees of the District. 21. This Agreement may be cancelled by either party for non- conformance or poor performance, on thirty (30) days written notice. If the performance defect is corrected during the thirty (30) day period, this Agreement shall continue in full force and effect. If the City of Meridian terminates this Agreement due to the District's failure to timely correct the default in its performance, the District shall pay to the City of Meridian the consideration set out in Paragraph 12, prorated to reflect the number of school days in which services were actually performed by the City of Meridian. 22. The District Assistant Superintendent of Operations for the school district has the authority to execute this Agreement on behalf of the District; and 9 she/he shall promptly bring this Agreement before said Board of Trustees for its ratification at a regularly scheduled meeting. 23. This Agreement shall be interpreted in accordance with the laws of 24. This Agreement constitutes the entire agreement of the parties and all other agreements, oral or written, are included in and merged herein. 25. This agreement may be modified only by a mutually executed written addendum signed by the Meridian School District Assistant Superintendent of Operations and the Mayor of the City of Meridian. 26. The principal of each school shall, in writing, provide the Meridian Police Chief with a designee to contact in the event the SRO cannot contact the principal when so required pursuant to this Agreement. 27. Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed via the United States mail, addressed as follows: Jeff Lavey Chief of Police Meridian Police Department 1401 E. Watertower Ave. Meridian, Idaho 83642 Joe Yochum Assistant Superintendent of Operations West Ada School District 1303 E. Central Drive Meridian, Idaho 83642 10 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 28. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. �-h DATED this -q day of \—) �-kr12 , 2016. CITY OF MERIDIAN BY: Tammy de rd Mayor otCidian BY:�` reridaZ"r i of Polic ATTEST: yeee-Hs}afl .� r, c Jo �1ES City Clerk o��IS:D AKv� SEAL City Of E ID,� 0 , I�AHD y� SEAL F 4 NTFR °� 1he TRE PS�QO West AdalSchool Disttict IS Joe Yarhum // Assistdnt SuperiKtendent of Dr. RKilip Neuhoff Vice Chair of the Board rations 11 Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: 61 PROJECT NUMBER: ITEM TITLE: License and Indemnity Agreement License and Indemnity Agreement with Coastline Equipment for the 2016 Public Works Week Mini Heavy Equipment Rodeo MEETING NOTES a Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS LICENSE AND INDEMNITY AGREEMENT with Coastline Equipment for the 2016 PUBLIC WORKS WEEK MINI HEAVY EQUIPMENT RODEO �h This LICENSE AND INDEMNITY AGREEMENT is made this +4 h day of May, 2016 ("Effective Date"), by and between Coastline Equipment whose address is 2000 E. Overland Road, Meridian, Idaho (hereinafter "Licensee"), and the City of Meridian, Idaho, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), whose address is 33 E. Broadway Ave., Meridian, Idaho. WHEREAS, City is hosting an event at the Meridian City Hall Plaza on June 9, 2016 to celebrate Public Works Week; and WHEREAS, as part of the Public Works Week celebration, Licensee is sponsoring a mini heavy equipment rodeo activity in the City flail east parking lot (referred to herein as the "Property"); and WHEREAS, the City of Meridian is willing to allow Licensee a limited license to use Property for this purpose; NOW THEREFORE, in consideration of the recitals andirnutual covenants, agreements, and inducements contained herein, the parties hereby agree as follows: I. SCOPE Oh LICENSE GRANTED BY CITY. A. Scope of use. Licensee's use and occupancy of the Property shall be limited to activities associated with the mini heavy equipment rodeo, specific activities include the following: Up to two mini excavators will be on site for the public to test their skills at operation of the equiptnent in a competition setting. The setup will include plastic swimming pools filled with water and a "fishing" competition with the bucket and arm of the excavator. The area of operation will be delineated with traffic candles and caution tape for public safety. B. Participant Waiver and Release Required. Licensee shall have each participant execute the "Release and Waiver of Liability Agreement" in form and content substantially similar to that set forth in Exhibit "A" attached hereto and incorporated herein. C. Terin of license. The term of this Agreement shall be from 4 p.m. to 7 p.m. on June 9, 2016, along with &efficient time to set up and tear down immediately before and after the time period set forth herein. II. INDEMNIFICATION,- INSURANCE. A. Indenuufication. In consideration of Licensee's fee -free access to and use of Property, LICF_,NSF., AND IDEAM117T :1GREITMFNT Page I of 5 Licensee shall, and hereby does, indemnify and save and hold harmless City from and for any and all losses; claims; actions; judgments for damages; injury to its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees, other persons, or property; and/or losses and expenses caused or incurred by Licensee and not caused by or arising out of the tortious conduct of City of Meridian. Licensee acknowledges that accessing or using Property carries risks, some of which are unknown, and assumes these and any and all other known and unknown risks and hazards of such activity and any activity related thereto. Licensee forever waives and releases, on behalf of itself, its members, its agents, its employees, and their heirs, executors, adininistrators, assigns, and/or personal representatives, any and all claims and/or rights for damages Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees now has or may hereafter have against the City of Meridian and/or its employees, elected officials, agents, guests, and/or business invitees, suffered in connection with or arising out of Licensee's access to and use of City facilities and/or any activity related thereto and not caused by or arising out of the tortious conduct of the City of Meridian or its employees. B. No coverage provided. I:.,icensee acknowledges that the City of Meridian shall not provide for Licensee or for its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees, any insurance or coverage of any kind, whether financial, medical, property, or otherwise, for any accidents, injuries, deaths, illnesses, losses, or damages that result during or arise out of Licensee's actions or omissions hereunder and/or any activity related thereto. C, Licensee to maintain insurance. Licensee shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, and upon each and every occasion on which Licensee uses the Property hereunder, liability insurance in which the City of Meridian shall be named additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City, and if City becomes liable for an amount in excess of the insurance limits herein provided, Licensee covenants and agrees to indemnify and save and hold harmless City from and for any and all such losses, claims, actions, or judgments for damages or liability to persons or property. Licensee shall provide City with a Certificate of Insurance or other proof of insurance evidencing Licensee's compliance with the requirements of this paragraph and shall file such proof of insurance with the City Clerk. In the event the insurance minimums of the Idaho Tort Claims Act are changed, Licensee shall immediately submit proof of compliance with the changed limits. D. Waiver. Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising fi•om, growing out of, or in any way connected with or incident to Licensee's use of City's Property, whether such loss or damage may be attributable to known or unknown conditions, except for liability caused by or arising out of the tortious conduct of the City of Meridian or its employees. E. As -is condition. The City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises of the Property; Licensee accepts same as -is, both at the effective date of this agreement and at the time and for the purpose of each event and activity specified herein. LICE SE AND 1DF_,Mt\1ITY AGRETAIENT Page 2 of 5 F. Good faith. Licensee will utilize the Property iii a manner that will best conserve the current condition of the Property. I11. GENERAL, PROVISIONS. A. Alterations, improvement to real property. Licensee shall not make, or permit to be made, alterations to or improvements to Property without first obtaining City's written consent. B. Relationship of Parties. Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, and employees are not independent contractors nor employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Licensee and City or any official, agent, or employee of City; or between any of Licensee's members, agents, invitees, volunteers, contractors, officials, officers, guests, employees, and the City or any official, agent, or employee of City. C. Termination. If, through any cause, Licensee fails to comply with the terns of this Agreement, violates any of the covenants, agreements, and/or stipulations of this Agreement, or of any other applicable taw, ordinance, regulation, or policy, and/or engages in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement, City may immediately terminate this Agreement without the necessity of providing written notice to Licensee of such termination. Notice of for -cause termination shall be effective immediately upon verbal notification by City. D. No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Licensee. E. Notices. Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed by United States Mail, certified, return receipt requested, addressed as follows: City: City of Meridian Public Works Department Attn: Garrick Nelson 33 E. Broadway Avenue Meridian, Idaho 83642 Licensee: Coastline Equipment 2000 E. Overland Road Boise, Idaho 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. LICENSE AND IDFMA 17T /I GREENIENT Page 3 of 5 F. Compliance; no discrimination. In undertaking activities under or related to this Agreement, Licensee shall comply in all respects with all applicable laws, ordinances, regulations, policies, agreements, and requirements, including, but not limited to, the CUP, and further shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. G. Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. H. Advice of attorney, Each party warrants and represents that in executing this Agreement., it has received independent legal advice froin its attorney and/or has received the opportunity to seek such advice. 1. Applicable law. The laws of the State of Idaho shall govern the validity, interl,)retation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year -first above written. LICENSEE Coastline Equipment Bob Nemec Manager Tai-amy eerd, Mayor City AAT my S Ali Atte, City Clerk TRf AS U LICENSE AND IDEIRVITY A GREEMEYT Page 4 of 5 SAMPLE COASTLINE EQUIPMENT PARTICIPANT LIABILITY WAIVER LICE NSFAND Il.)FA4 MITI',4GRE,rAfEIT Page 5 of 5 COASTLINE Equ���ent Liability Release Farm 2000 East Overland Road, Meridian, ID 83642 (208) 888-3337 Phone (208) 888-3088 Fax Merichan Jerome Lake Fork Name of Business or Organization: Coastline Equipment and City of Meridian Activity or Event: Citv of Meridian Public Works Exposition Equipment Rodeo Participant's Name (Printed) .JOHN DEERE I understand that participation in the above Activity or Event may be hazardous for the above-named participant. In signing below, I assume risk of harm or injury which may occur to the participant as a result of participating in the above-named event or activity. I hereby release (business or organization name) Coastline Equipment and the City of Meridian and their officers, employees, or agents from any liability, costs and damages resulting this individual's participation. If the participant is a minor: I agree that the minor has my consent to participate in the event or activity. I also give my consent for the business or organization to seek emergency treatment for the minor if necessary, and I agree to accept financial responsibility for the costs related to this emergency treatment. Participant's signature / Date Name of Parent or Guardian Signature of Parent/Guardian / Date DAT A+�C7!RL70 CERTIFICATE OF LIABILITY INSURANCE 05/166/2016/2016 D/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUYE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Sentry Customer Service PHONE FAX A/C No Ext : 800-447-0633 A/C No): 888-533-7827 Sentry Insurance Company 1800 North Point Drive Stevens Point, WI 54481 EMAIL ADDRESS: businessproducts ssdo@sentry.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: SENTRY SELECT INSURANCE COMPANY 21180 INSURED INSURER 8: INSURER C: COASTLINE EQUIPMENT 6188 PARAMOUNT BLVD LONG BEACH, CA 90805 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 0514 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE APDL INSR SUER WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 500,000 DAGE TOCLAIMS-MADE PREM SES (EaEoccu encs) $ 100,000 a OCCUR MED EXP (Any one person) $ 5,000 A 24-25473-01 10/01/2015 10/01/2016 PERSONAL & ADV INJURY $ 500,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 1,500,000 PRODUCTS - COMP/OP AGG $ 1,500,000 X POLICY %oi EILOC $ OTHER: AUTOMOBILE LIABILITY CEOs aacideDISINGLE LIMIT $ 500,000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ A AUTOWNED SCHEDULED HIRED AUTOS NON -OWNED AUTOS 24-25473-01 10/01/2015 10/01/2016 PPOPER, DAMAGE $ X UMBRELLA LIABX OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 15,000,000 A X EXCESS LIAB CLAIMS -MADE 24-25473-01 10/01/2015 10/01/2016 DED I I RETENTION $ PRODUCTS - COMP/OP AGG $ 15,000,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN NIA H STATUTE EOR E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? ❑ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Refer to attached (:FRTIFIRflTE HOLDER CANCELLATION CITY of MERIDIAN 33 E BROADWAY AVE MERIDIAN; ID 83642 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REEPPENENTATIVE ACORD 25 (2014/01) 2425473 0514 1 00001 0000000000 16137 0 N Page 1 of 2 U 1988-2014 AGURU CORPORA I iON. An rights reserved. The ACORD name and logo are registered marks of ACORD 05116/2016 OD8C8B80-EO34-4EC8-8D84-DF77706EC713 AC"R" i6.� ' AGENCY CUSTOMER ID: _ LOC #: — ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Sentry Insurance Company NAMED INSURED COASTLINE EQUIPMENT POLICY NUMBER 24-25473-01 CARRIER NAIC CODE EFFECTIVE DATE: 10/01/2015 AnnITIf1NAI RpMARtCS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Description of Operations / Locations / Vehicles EVENT DATES: FROM 06/06/2016 THROUGH 06/13/2016, CITY OF MERIDIAN IS NAMED AS ADDITIONAL INSURED. ACORD 101 (2008/01) 2425473 Insurance © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 05/16/2016 SENTRY SELECT INSURANCE COMPANY THE SENTRY PLAN STEVENS POINT WISCONSIN POLICY (A PARTICIPATING STOCK COMPAN A MEMBER OF THE SENTRY FAMILY IF INSURANCE COMPANIES GENERAL LIABILITY DECLARATIONS NAME INSURED: COASTLINE EQUIPMENT ADDITIONAL INSURED SCHEDULE POLICY NUMBER 24-25473-10 The following information is required to complete the accompanying additional insured endorsement which forms a part of the Named Insured's COMMERCIAL GENERAL LIABILITY COVERAGE PART. ADDITIONAL INSURED CITY OF MERIDIAN 33 E BROADWAY AVE MERIDIAN ID 83642 (CERTIFI6ATE NUMBER CG 89 01 11 85 (MECH) 0514 ) COA 24-25473-10 40 160 05-16-2016 ('000 0514) ENDORSEMENT EFFECTIVE CG 20 26 04 13 FROM FEBRUARY 12, 2016 TO OCTOBER 01, 2016 FOR ENDORSEMENT TEXT COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 POLICY NUMBER: 24 Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: 6J PROJECT NUMBER: ITEM TITLE: Meridian Community Block Party 2016 Meridian Community Block Party 2016 Sponsorship Agreement Between the City of Meridian and Boise Co-op for a Not -to -Exceed Amount of $1,500.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 2016 SPONSORSHIP AGRE, E ME NT This MERIDIAN COMMUNITY BLOCK PARTY 2Q16 SPONSORSHIP Nrne. AGREEMENT ("Agreement") is made on this �c ay o , 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organii ed under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Boise Co-op, whose address is 888 West Fort Street, Boise, Idaho 83702 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, a 2016 Sponsor of City's Meridian Community Block Party event. The specific sponsor position and benefits insured to Sponsor throughout the term of this Agreement shall be attached hereto as Exhibit A. 2. Payment. Within thirty (30) days of the Effective Date of this Agreement, Sponsor shall prepay to City one thousand five hundred dollars ($1,500.00). In the event the Sponsor fails to pay this amount in a timely manner as provided herein, City may immediately cancel and void this Agreement. In the event that the Meridian Community Block Party is cancelled for any reason, the amount prepaid shall be refundable. 3. Promotion. With regard to the Meridian Community Block Party, City shall undertake the promotional and advertising efforts enumerated for the sponsors in the Meridian Community Block Party 2016 Sponsor/Partner Packet, attached hereto as Exhibit A. 4. Term. The term of this license shall be from the Effective Date through September 30, 2016, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 20.16 Meridian Community Block Party is scheduled to be held at Julius M. Kleiner Park Park on September 17, 2016 from 10:00 a.m. to 5:00 p. m., but cancellation may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling Meridian Community Block Party activities, including any and all related activities by Sponsor. The parties hereto expressly acknowledge that Julius M. Kleiner Memorial Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from the Meridian Community Block Party, nor the right to interfere with any person's concurrent, MERIDIAN COMMUNITY BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 1 of 6 lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment or materials used by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as maybe required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. 7. Use of City's name, logo. City hereby conveys to Sponsor permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. 8. Termination. a. 'Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have seven (7) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. b. 'Termination without cause. Either party may terminate this Agreement for any reason or without cause by providing to the other party seven (7) days' written notice. c. No compensation upon termination. In the event of termination, whether for or without cause, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. Notwithstanding this provision, neither party shall be relieved of any liability for damages sustained by the other attributable to a breach of this Agreement. 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the Meridian Community Block Party, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. MERIDIAN COMMUNITY BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 2 of 6 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perforin services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11, Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12: Waiver. Sponsor shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Sponsor's performance of this Agreement, whether such loss or darnage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement: 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. MERIDIAN COMMUNITY BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 3 of 6 17, Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. Agreement governed by Idaho law. The laws Of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. 20. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. 21. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e-mail message, addressed as follows: Sponsor: Maureen Valko Mo@moboise.coop City Renee White rwhite@meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided, 24. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, leases, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 25. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. MERIDIAN COMMUNn y BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 4 of 6 26. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. 27. Approval Required. This Agreement shall not become effective of binding until approved by the City of Meridian. SP N OR: Authorized Representative Signature m P k lV—® Please Print Name CITE' OF MERIDIAN: Q930�,ATEDAU���q City of BY: IDJAN Tammy le eerd; Mayor x IDAHO e'F SEAL .. 4 ♦ ; o S ��de TRE�Si}0' Rl- j � f Y -t. K"," Q,f Title Date ATTEST. Jacy ones, rk MERIDIAN COMMUNITY BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 5 of 6 Exhibit A MERIDIAN COMMUNITY BLOCK PARTY 2016 SPONSORSHIP PACKET - - 67 11 �j , ® The Kids Corner area will be renamed with your organization/business name at the beginning. Example: [Your Business dame] Kids Corner. Kids Corner activities will include free face painting, balloon twisters, arts and crafts, costumed characters, etc. ® Two (2) Kids Corner Sponsor banners will be produced and setup at the front of the Kids Corner area. You will have the opportunity to proof banners before final design is approved by Meridian Parks and Recreation. ® The opportunity to set up a 10'x10' booth during the event to promote your business/organization through displays, product sampling, demonstrations, etc. ® Your logo linked to your website on the City of Meridian website on the Meridian Community Block Party page recognized as the Kids Corner Sponsor. ® Your logo and a link to your website included in promotional e-mail blasts to our distribution list of over 9,000 e-mail addresses. Your logo and a link to your website on the Meridian Community Block Party event listing on the Meridian Parks and Recreation page on Facebook. This listing will also be posted on the City of Meridian page on Facebook. ® Your logo in the Meridian Parks and Recreation Fall Activity Guide in the back cover, full-page color advertisement for the event. Over 25,000 copies are distributed through direct mail and in the Meridian Press. ® The right of first refusal to continue as the event's Kids Corner Sponsor in 2016. MERIDIAN COMMUNITY BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 6 of 6 Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: Single -Night Sponsorship CableONE Movie Night in Meridian 2016 Single -Night Sponsorship Agreement Between the City of Meridian and Parkview Christian Church for a Not -to -Exceed Amount of $500.00 MEETING NOTES APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CAIBILEom 0 Mode Night , %n Meridian ' Meridian Settlers Park CABLEONE MOVIE NIGHT IN MERIDIAN 2016 SINGLE -NIGHT SPONSORSHIP AGREEMENT This CABLEONE MOVIE NIGHT IN MERIDIAN 2016 SINGLE -NIGHT SPONSORSHIP AGREEMENT ("Agreement") is made on this � day of k,vt , 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Parkview Christian Church, whose address is 201 West Ustick Road, Meridian, Idaho 83646 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Single -Night Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, the Single -Night Sponsor of City's June 17, 2016 installment of the weekly summer CableONE Movie Night in Meridian event series. As such, benefits insuring to Sponsor throughout the term of this Agreement shall include those enumerated for Single - Night sponsors in the CableONE Movie Night in Meridian 2016 Sponsorship Packet, attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on May 27, 2016, Sponsor shall prepay to City five hundred dollars ($500.00). In the event the Sponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened before Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, though City shall issue a two hundred and fifty dollar ($250.00) credit to Sponsor for redemption as a sponsor in the following season. City shall make all decisions regarding scheduling. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened after Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, and no raincheck shall issue. 3. Promotion. a. City's efforts. With regard to CableONE Movie Night in Meridian, City shall undertake the promotional and advertising efforts enumerated for Single -Night Sponsors in the CableONE Movie Night in Meridian 2016 Sponsorship Packet, attached hereto as Exhibit A. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 1 of 6 b. Promotional Item Limitations. The sale or distribution of any food, drink, or other promotional item by Sponsor at Sponsor's booth, as allowed in the CableONE Movie Night in Meridian 2016 Sponsorship Packet attached hereto as Exhibit A, shall not be permitted without prior written permission from City. Such permission may be withheld or revoked at any time and for any reason. City may also, at any time, require that Sponsor discontinue the distribution of any promotional item that City deems to be negatively impacting concessions sales or deems not to be appropriate. c. Video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any time, any audio, video, or written material submitted, used, or created by Sponsor. Any pre -approval by City shall not be considered a waiver of the right to revoke or edit any such material during the term of this Agreement. Further, Sponsor warrants and represents that, as to all content of the video pieces created or produced pursuant to this Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses, of any nature whatsoever, including attorneys' fees, for which the City may become liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other content, including but not limited to claims for libel, violation of privacy, plagiarism, or copyright violations. 4. Term. The term of this agreement shall be from the Effective Date through September 1, 2016, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2016 CableONE Movie Night in Meridian event series schedule shall include twelve to fourteen (12-14) weekly movie showings during June, July, and August, but cancellation of any or all movie showings may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling CableONE Movie Night in Meridian and all movies and activities related thereto, including any and all related activities by Sponsor. The parties hereto expressly acknowledge that Settlers Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from CableONE Movie Night in Meridian, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment, materials, or personnel used or employed by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 2 Of 6 7. Use of City's name, logo. City hereby conveys to Sponsor permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. 8. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) days after such notice is sent to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon written notice of such termination by the terminating party. b. No compensation upon termination. In the event of termination, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from CableONE Movie Night in Meridian, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 3 of 6 arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12. Waiver. Sponsor shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Sponsor's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. 20. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 4 of 6 21. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e-mail message, addressed as follows: Sponsor: Nate Lacy nlacy@pccmeridian.org City Colin Moss cmoss @meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. SPONSOR: Authorized Representa ive Signature Please Print Name CITY OF MERIDIAN: eerd, Mayor GO¢4O�ATEDAlj(; T I ti$ ly ^.� City of w E IDIAN� �— °oAwo M SEAL Y TREAS��'� P~ Title L1- �:,27 -/6 Date ATTEST: Ol�l£S MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 5 of 6 Exhibit A 2016 CABLEONE MOVIE NIGHT IN MERIDIAN SPONSORSHIP PACKET Single Night Sponsor For $500 you will receive: • Recognition as one event's sponsor in all promotional efforts for that event. • The opportunity to promote your business or organization at your movie night through product displays, sampling, demonstrations, etc. It is also encouraged to organize activities that add to the appeal of your movie night. Examples include bounce houses, live bands, games, raffles, etc. • The opportunity to insert one (1) thirty (30) second advertisement into the pre -movie video at your movie night. • The opportunity to hang up to two (2) banners no wider than eight (8) feet each around the seating area during your show. Banners around seating area must be free-standing. There will be no fences, trees, buildings, etc around the seating area to hang your banner on. • Your logo linked to your website on the City of Meridian website next to your event's listing on the CableONE Movie Night in Meridian page. • Your logo next to your event's listing on the CableONE Movie Night in Meridian flyers that are distributed throughout the season. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 6 of 6 Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: 6L PROJECT NUMBER: ITEM TITLE: Single -Night Sponsorship CableONE Movie Night in Meridian 2016 Presenting Sponsorship Agreement Between the City of Meridian and Mountain America Federal Credit Union for a Not -to -Exceed Amount of $3,000.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Settlers Park CABLEONE MOVIE NIGHT IN MERIDIAN 2016 PRESENTING SPONSORSHIP AGREEMENT This CABLEONE MOVIE NIGHT IN MERIDIAN 2016 PRESENTING,).�-�C_ SPONSORSHIP AGREEMENT ("Agreement") is made on thisAday of , 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Mountain America Federal Credit Union, whose address is 7181 S. Campus View Drive, West Jordan, Utah 84084 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Presenting Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, a 2016 Presenting Sponsor of City's weekly summer CableONE Movie Night in Meridian event series. As such, benefits insuring to Sponsor throughout the term of this Agreement shall include those enumerated for presenting sponsors in the CableONE Movie Night in Meridian 2016 Sponsorship Packet, attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on May 31, 2016, Sponsor shall prepay to City three thousand dollars ($3,000.00). In the event the Sponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the CableONE Movie Night in Meridian program is discontinued or shortened for any reason, no portion of the amount prepaid shall be refundable. 3. Promotion. a. City's efforts. With regard to CableONE Movie Night in Meridian, City shall undertake the promotional and advertising efforts enumerated for presenting sponsors in the CableONE Movie Night in Meridian 2016 Sponsorship Packet, attached hereto as Exhibit A. b. Promotional Item Limitations. The sale or distribution of any food, drink, or other promotional item by Sponsor at Sponsor's booth, as allowed in the CableONE Movie Night in Meridian 2016 Sponsorship Packet attached hereto as Exhibit A, shall not be permitted without prior written permission from City. Such permission may be withheld or revoked at any time and for any reason. City may also, at any time, require that MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE I of 6 Sponsor discontinue the distribution of any promotional item that City deems to be negatively impacting concessions sales or deems not to be appropriate. c. Video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any time, any audio, video, or written material submitted, used, or created by Sponsor. Any pre -approval by City shall not be considered a waiver of the right to revoke or edit any such material during the term of this Agreement. Further, Sponsor warrants and represents that, as to all content of the video pieces created or produced pursuant to this Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses, of any nature whatsoever, including attorneys' fees, for which the City may become liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other content, including but not limited to claims for libel, violation of privacy, plagiarism, or copyright violations. 4. Term. The term of this agreement shall be from the Effective Date through September 1, 2016, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2016 CableONE Movie Night in Meridian event series schedule shall include twelve to fourteen (12-14) weekly movie showings during June, July, and August, but cancellation of any or all movie showings may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling CableONE Movie Night in Meridian and all movies and activities related thereto, including any and all related activities by Sponsor. The parties hereto expressly acknowledge that Settlers Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from CableONE Movie Night in Meridian, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment, materials, or personnel used or employed by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. 7. Use of City's name, logo. City hereby conveys to Sponsor permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE 2 of 6 8. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) days after such notice is sent to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon written notice of such termination by the terminating party. b. No compensation upon termination. In the event of termination, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from CableONE Movie Night in Meridian, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE 3 of 6 12. Waiver. Sponsor shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Sponsor's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. 20. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. 21. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE 4 of 6 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e-mail message, addressed as follows: Sponsor: Jamie Boyer jboyer@macu.com City: Colin Moss cmoss@meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. SPONSOR: 1 Authorized Representative Signature Please Print Name CITY OF MERIDIAN: LBIA Tammy Go�enRa i uu g7icL I --� _ City of 1,DfAhIx Mayor o^`„�Ip Fyr SE4La 6q o, 1h� TRE�\SVA�yP��v CMC) Title t<)l1,2lG(”: --�' Date ATTEST: acs( )OMC 5 MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE 5 of 6 Exhibit A 2016 CABLEONE MOVIE NIGHT IN MERIDIAN SPONSORSHIP PACKET Presenting Sponsor For $3,000 you will receive: • Recognition as the series presenting sponsor for one (1) full season in all promotional efforts such as TV, newspaper, radio, e-mails, internet, and flyers. One season will include up to fourteen (14) shows during the summer months of June, July and August. • The opportunity to setup a booth at each show during your season. • The opportunity to insert one (1) sixty (60) second advertisement or two (2) thirty (30) second advertisements into the pre -movie video at each show during your season. • Your logo displayed and your business or organization's name spoken in the "Sponsored by" portion of the welcoming video at every show. • The opportunity to hang one (1) banner on the movie screen and up to two (2) banners no wider than eight (8) feet each around the seating area at each show. Banners around seating area must be free-standing. There will be no fences, trees, buildings, etc around the seating area to hang your banner on. • Your logo linked to your website on the City of Meridian website above the movie schedule the CableONE Movie Night in Meridian page. • Your logo in the Meridian Parks and Recreation Summer Activity Guide in the advertisement for the upcoming season. Over 25,000 copies are distributed through direct mail and the West Edition of the Idaho Statesman and the guide is promoted heavily online throughout the summer. *Available only if sponsorship is confirmed by March 31St • Your logo at the top of the CableONE Movie Night in Meridian flyers that are distributed throughout the season. • The ability to setup one (1) or two (2) VIP areas in the front row of where high -back chairs are permitted. Up to eight (8) chairs total. MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE 6 of 6 Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: 6M PROJECT NUMBER: ITEM TITLE: Single -Night Sponsorship CableONE Movie Night in Meridian 2016 Single -Night Sponsorship Agreement Between the City of Meridian and Westside Body Works for a Not -to -Exceed Amount of $500.00 MEETING NOTES MEM Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS w 1 i Meridian Settlers Park CABLEONE MOVIE NIGHT IN MERIDIAN 2016 SINGLE -NIGHT SPONSORSHIP AGREEMENT This CABLEONE MOVIE NIGHT IN MERIDIAN 2016 SINGLE-NIGHTJ-,­�'P_ SPONSORSHIP AGREEMENT ("Agreement") is made on this tllday of , 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporatib. rganized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Westside Body Works, whose address is 210 Fairview Avenue, Meridian, Idaho 83642 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Single -Night Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, the Single -Night Sponsor of City's July 15, 2016 installment of the weekly summer CableONE Movie Night in Meridian event series. As such, benefits insuring to Sponsor throughout the term of this Agreement shall include those enumerated for Single - Night sponsors in the CableONE Movie Night in Meridian 2016 Sponsorship Packet, attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on May 27, 2016, Sponsor shall prepay to City five hundred dollars ($500.00). In the event the Sponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened before Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, though City shall issue a two hundred and fifty dollar ($250.00) credit to Sponsor for redemption as a sponsor in the following season. City shall make all decisions regarding scheduling. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened after Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, and no raincheck shall issue. 3. Promotion. a. City's efforts. With regard to CableONE Movie Night in Meridian, City shall undertake the promotional and advertising efforts enumerated for Single -Night Sponsors in the CableONE Movie Night in Meridian 2016 Sponsorship Packet, attached hereto as Exhibit A. MOvIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 1 Of 6 b. Promotional Item Limitations. The sale or distribution of any food, drink, or other promotional item by Sponsor at Sponsor's booth, as allowed in the CableONE Movie Night in Meridian 2016 Sponsorship Packet attached hereto as Exhibit A, shall not be permitted without prior written permission from City. Such permission may be withheld or revoked at any time and for any reason. City may also, at any time, require that Sponsor discontinue the distribution of any promotional item that City deems to be negatively impacting concessions sales or deems not to be appropriate. c. Video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any time, any audio, video, or written material submitted, used, or created by Sponsor. Any pre -approval by City shall not be considered a waiver of the right to revoke or edit any such material during the term of this Agreement. Further, Sponsor warrants and represents that, as to all content of the video pieces created or produced pursuant to this Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses, of any nature whatsoever, including attorneys' fees, for which the City may become liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other content, including but not limited to claims for libel, violation of privacy, plagiarism, or copyright violations. 4. Term. The term of this agreement shall be from the Effective Date through September 1, 2016, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2016 CableONE Movie Night in Meridian event series schedule shall include twelve to fourteen (12-14) weekly movie showings during June, July, and August, but cancellation of any or all movie showings may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling CableONE Movie Night in Meridian and all movies and activities related thereto, including any and all related activities by Sponsor. The parties hereto expressly acknowledge that Settlers Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from CableONE Movie Night in Meridian, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment, materials, or personnel used or employed by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 2 of 6 7. Use of City's name, logo. City hereby conveys to Sponsor permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. 8. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) days after such notice is sent to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon written notice of such termination by the terminating party. b. No compensation upon termination. In the event of termination, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from CableONE Movie Night in Meridian, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 3 of 6 arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12. Waiver. Sponsor shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Sponsor's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. 20. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. MovIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 4 of 6 21. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e-mail message, addressed as follows: Sponsor: City: Mindy Critchlow Colin Moss mindy@westsidebodyworks.com cmoss@meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. SPONSOR: �'/AV'd'q bu. Authorized Representative Signature H11vx\c] (g�k1dC�V Please Print Name CITY OF MERIDIAN: :• Tammy e City of 11D)T AN Mayor?F. SEAL �� C41 (file TftE\5 'F 4P 00—C, �kuw Title Date ATTEST: City C e JRc�[ .So�7ES MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 5 of 6 Exhibit A 2016 CABLEONE MOVIE NIGHT IN MERIDIAN SPONSORSHIP PACKET Single Night Sponsor For $500 you will receive: • Recognition as one event's sponsor in all promotional efforts for that event. • The opportunity to promote your business or organization at your movie night through product displays, sampling, demonstrations, etc. It is also encouraged to organize activities that add to the appeal of your movie night. Examples include bounce houses, live bands, games, raffles, etc. • The opportunity to insert one (1) thirty (30) second advertisement into the pre -movie video at your movie night. • The opportunity to hang up to two (2) banners no wider than eight (8) feet each around the seating area during your show. Banners around seating area must be free-standing. There will be no fences, trees, buildings, etc around the seating area to hang your banner on. • Your logo linked to your website on the City of Meridian website next to your event's listing on the CableONE Movie Night in Meridian page. • Your logo next to your event's listing on the CableONE Movie Night in Meridian flyers that are distributed throughout the season. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 6 of 6 Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: 6N PROJECT NUMBER: ITEM TITLE: Single -Night Sponsorship CableONE Movie Night in Meridian 2016 Sponsorship Agreement Between the City of Meridian and Meridian United Sports Center Academy for a Not -to -Exceed Amount of $500.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 1 � t Meridian Settlers Park CABLEONE MOVIE NIGHT IN MERIDIAN 2016 SINGLE -NIGHT SPONSORSHIP AGREEMENT This CABLEONE MOVIE NIGHT IN MERIDIAN 2016 SINGLE -NIGHT ,)N.Ye-- SPONSORSHIP AGREEMENT ("Agreement") is made on thisiay of , 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Meridian United Sports Center Academy, whose address is 1465 East Commercial Avenue, Meridian, Idaho 83642 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Single -Night Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, the Single -Night Sponsor of City's July 22nd, 2016 installment of the weekly summer CableONE Movie Night in Meridian event series. As such, benefits insuring to Sponsor throughout the term of this Agreement shall include those enumerated for Single - Night sponsors in the CableONE Movie Night in Meridian 2016 Sponsorship Packet, attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on May 27th, 2016, Sponsor shall prepay to City five hundred dollars ($500.00). In the event the Sponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened before Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, though City shall issue a two hundred and fifty dollar ($250.00) credit to Sponsor for redemption as a sponsor in the following season. City shall make all decisions regarding scheduling. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened after Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, and no raincheck shall issue. 3. Promotion. a. City's efforts. With regard to CableONE Movie Night in Meridian, City shall undertake the promotional and advertising efforts enumerated for Single -Night Sponsors in the CableONE Movie Night in Meridian 2016 Sponsorship Packet, attached hereto as Exhibit A. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 1 of 6 b. Promotional Item Limitations. The sale or distribution of any food, drink, or other promotional item by Sponsor at Sponsor's booth, as allowed in the CableONE Movie Night in Meridian 2016 Sponsorship Packet attached hereto as Exhibit A, shall not be permitted without prior written permission from City. Such permission may be withheld or revoked at any time and for any reason. City may also, at any time, require that Sponsor discontinue the distribution of any promotional item that City deems to be negatively impacting concessions sales or deems not to be appropriate. c. Video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any time, any audio, video, or written material submitted, used, or created by Sponsor. Any pre -approval by City shall not be considered a waiver of the right to revoke or edit any such material during the term of this Agreement. Further, Sponsor warrants and represents that, as to all content of the video pieces created or produced pursuant to this Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses, of any nature whatsoever, including attorneys' fees, for which the City may become liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other content, including but not limited to claims for libel, violation of privacy, plagiarism, or copyright violations. 4. Term. The term of this agreement shall be from the Effective Date through September 1, 2016, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2016 CableONE Movie Night in Meridian event series schedule shall include twelve to fourteen (12-14) weekly movie showings during June, July, and August, but cancellation of any or all movie showings may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling CableONE Movie Night in Meridian and all movies and activities related thereto, including any and all related activities by Sponsor. The parties hereto expressly acknowledge that Settlers Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from CableONE Movie Night in Meridian, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment, materials, or personnel used or employed by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 2 of 6 7. Use of City's name, logo. City hereby conveys to Sponsor permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. 8. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) days after such notice is sent to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon written notice of such termination by the terminating party. b. No compensation upon termination. In the event of termination, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from CableONE Movie Night in Meridian, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 3 of 6 arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12. Waiver. Sponsor shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Sponsor's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. 20. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 4 of 6 21. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e-mail message, addressed as follows: Sponsor: City: Melissa Mendez Colin Moss mmendez@meridianunited.org cmoss@meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. SPONSOR: Authorized Representative Signature Please Print Name CITY OF MERIDIAN: Tammy de/W-69(d, Mayor MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP YAt S -t cte_11+ Title 5-)/,3) Date T4D AZ�cLSJ ATTEST: I l9 City of _ s IDAHO SEAL <<de 7AE" _3AO_q _)w'l�S PAGE 5 of 6 Exhibit A 2016 CABLEONE MOVIE NIGHT IN MERIDIAN SPONSORSHIP PACKET Single Night Sponsor For $500 you will receive: • Recognition as one event's sponsor in all promotional efforts for that event. • The opportunity to promote your business or organization at your movie night through product displays, sampling, demonstrations, etc. It is also encouraged to organize activities that add to the appeal of your movie night. Examples include bounce houses, live bands, games, raffles, etc. • The opportunity to insert one (1) thirty (30) second advertisement into the pre -movie video at your movie night. • The opportunity to hang up to two (2) banners no wider than eight (8) feet each around the seating area during your show. Banners around seating area must be free-standing. There will be no fences, trees, buildings, etc around the seating area to hang your banner on. • Your logo linked to your website on the City of Meridian website next to your event's listing on the CableONE Movie Night in Meridian page. • Your logo next to your event's listing on the CableONE Movie Night in Meridian flyers that are distributed throughout the season. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 6 of 6 Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: 60 PROJECT NUMBER: MDA -15-008 ITEM TITLE: Amended Development Agreement Amended Development Agreement for Jump Time (MDA -15-008) with Babcock LLC located near the intersection of E. Franklin and S. Eagle Roads, in the NE 1/4 Section 17, Township 3N, Range 1 E MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016.049722 BOISE IDAHO Pgs=6 VICTORIA BAILEY 06/08/2016 11:59 AM MERIDIAN CITY NO FEE 1111111111 II 1111111111II I II II 111111111111111111 III 00234066201600497220060064 ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Babcock, L.L.C., an Idaho limited liability company, Owner/Developer 4v\ .THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this - day of�'`�e2016, ("ADDENDUM"), by and between City of Meridian, a municipal corporate n of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Babcock, L.L.C., an Idaho limited liability company ("OWNER/DEVELOPER"), whose address is 1379 N. Cloverdale Road, Boise, Idaho 83713. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain Development Agreement that was recorded on January 19, 2011 in the real property records of Ada County as Instrument No. 111006191 ("DEVELOPMENT AGREEMENT") B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the original Development Agreement, except as specifically amended as follows: 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY. 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 1. Future development of this site shall substantially comply with the conceptual developmentplan included in Exhibit "A': The applicant shall incorporate a pedestrian circulation plan that provides interconnectivity within the proposed development and pedestrian connections to E. Franklin Road The plan shall be submitted with the first certificate of zoning compliance application. ADDENDUM TO DEVELOPMENT AGREEMENT - Jump Time, MDA 15-008 Page I of 5 2. Certificate of Zoning Compliance and Administrative Design Review applications are required to be submitted to the Planning Department for approval of all future buildings/uses on the site, prior to issuance of building permits. 3. Direct access to E. Franklin Road is limited to the access shown on the conceptual development plan approved with this application. Cross -access shall be provided to the property to the west (parcel #S1117120630) and the property to the east (parcel #SI117110201) for future interconnectivity. A recorded copy of the cross -access agreement(s) shall be provided with thefirst Certificate of Zoning Compliance application. 4. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8. Contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 5. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 6. The uses allowed pursuant to this agreement are those uses allowed in the C- C zoning district listed in UDC Table I1 -2B-2 except for the following: drinking establishments, fuel sales facility, minor vehicle repair, vehicle washing facility, wireless communication facility and vehicle sales and rentals. 7. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 8. The developer/owner shall be responsible for all costs associated with sewer and water service installation. 9. The developer/owner shall construct an 8 -foot vinyl fence along the west boundary of the property and a 6 foot fence that matches the existing fence that matches the existing fence adjacent to the southern property boundary and terminate on the western property boundary at the northeast corner of the Yoder Property (Parcel #R3273150110). The owner/developer shall coordinate with the adjacent property owners on the construction of the respective fences. 10. The owner/developer shall construct a 35 foot wide street buffer adjacent to Franklin Road and a 20 foot landscape buffer adjacent to the west and southern property boundary and a 5 -foot wide landscape buffer on the east property boundary in accordance with UDC 11-3B-7 and IDC 11-3B-9. 11. Any buildings along the southern property boundary shall not exceed 35 feet in height to maintain compatibility with the adjacent residential properties. ADDENDUM TO DEVELOPMENT AGREEMENT - Jump Time, MDA 15-008 Page 2 of 5 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation if the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this Addendum, and the Ordinances of the City of Meridian as herein provided. 3. This Addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Addendum shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed its obligations under this Addendum. 4. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendum, all terms of the previous Agreements shall remain in full force and effect. ADDENDUM TO DEVELOPMENT AGREEMENT - Jump Time, MDA 15-008 Page 3 of 5 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: BABCOCK, L.L.C., an Idaho limited liability company CITY OF MERIDIAN By: Mayo2�4y de eerd ATTEST: GO�Ogp;TGDAUCVSq ly �$ ow City of IDIAN -- Jacy on All) A0� rhe TNEAS�A ADDENDUM TO DEVELOPMENT AGREEMENT - Jump Time, MDA 15-008 Page 4 of 5 STATE OF IDAHO ) ss: County of Ada, ) On this day oftjS 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared known or identified to me to be the l� of Babcock, L.L.C. an Idaho limited liability company, and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) KELSEY PEASE NOTARY PUBLIC STATE OF IDAHO STATE OF IDAHO ) ss County of Ada ) Notary P lic r Idaho Residing at: My Commission Expires: On this '*+ day of 2016, before me, a Notary Public, personally appeared Tammy de Weerd and Jacy Jones, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that 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. °•*.■erre• • CH '• (SEAL) e.+ e , 7, e • e C/1 • �H-J • owes 00 AV—k' & [ , �q Notary Public fo aho Residing at: Commission expires: ADDENDUM TO DEVELOPMENT AGREEMENT - Jump Time, MDA 15-008 Page 5 of 5 Exhibit A: Proposed Conceptual Development Plan 0 RAW -ft auw (0'R,IN) 24' wic�x aas- ec.es ea,mznt SINGLE-FAMLY RESIDENTIAL 25' sw2� xeL�d CREENNILL ESTATES SINGLE- MILY RESIDENTIAL SINGLE-FAMILY RESINjam P�fdIJB Jump Time MDA 15-008 5'b.4drg/ L,A--Pe set A 24'w ao� x<x: erysro>. z�h,ck EXISTI,G SINGLE-FAMILY RESIDENTTAI w_ resew mash eu�tvy CONCEPTUAL DEVELOPMENT PLAN EXHIBIT "C° kanWin & eagle scab: 1'=50'-0" 71 P, 2015 A-15056 Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: PROJECT NUMBER: H-2016-16-0028 ITEM TITLE: Development Agreement Development Agreement for Saint Ignatius School - (H-2016-16-0028) with Roman Catholic Diocese of Boise located at 6180 N. Meridian Road, in the NW '/4 of Section 30, Township 4 North, Range 1 East. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE. E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016.049723 BOISE IDAHO Pgs=37 VICTORIA BAILEY 06/08/2016 11:59 AM MERIDIAN CITY NO FEE 1111111111111111111111111111111111111111 IN 11111 00234067201600497230370379 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Roman Catholic Diocese of Boise, Owner/Developer k� THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of�;� LJ, v 2016, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho and Roman Catholic Diocese of Boise, whose address is 1501 S. Federal Way, Suite 400, Boise, Idaho 83705, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property,; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for the Annexation and Zoning of 10.71 acres of land with a C -C (Community Business) zoning districts (as described in Exhibit "A"), under the Unified Development Code; and 1.5 WHEREAS, Owner/Developer represented at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, that it had not determined how the Property will be developed and what improvements will be made except as generally described herein; and 1.6 WHEREAS, the record of the proceedings for the requested annexation, comprehensive plan future land use map amendment and rezoning of the Property held before the Planning & Zoning Commission, and subsequently DEVELOPMENT AGREEMENT — SAINT IGNATIUS SCHOOL H-2016-0028 PAGE 1 OF 9 before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 10th day of May, 2016, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and rezoning; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Roman Catholic Diocese of Boise, whose address is 1501 S. Federal Way, Suite 400, Boise, Idaho 83705, the owner of said Property and shall include any subsequent owner/developer(s) of the Property. DEVELOPMENT AGREEMENT - SAINT IGNATIUS SCHOOL II -2016-0028 PAGE 2 OF 9 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. The record of survey for the reconfiguration of the property boundary shall be recorded prior to approval of the annexation ordinance. b. Use of the subject property is limited to a private education institution. Development of the site shall substantially conform to the site plan and perspective elevations included in Exhibit A of the Findings of Fact and Conclusions of Law and attached Staff Report, attached hereto as Exhibit `B". c. If the education institution will generate in excess of one thousand five hundred (1,500) vehicular trips per day, a conditional use permit is required per UDC 11-4-3- 14E. d. The developer shall pipe or otherwise cover the canal that runs along the northern boundary of this site in accord with UDC 11-3A-6. e. A minimum 35 -foot wide street buffer shall be provided along N. Meridian Road as set forth in UDC Table 11-2B-3 and shall be landscaped in accord with the standards listed in UDC 11 -3B -7C. f. A minimum 25 -foot wide buffer shall be provided along the southern and eastern boundaries of the site to residential uses and shall be landscaped in accord with the standards listed in UDC 11-313-9C. g. This development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. h. All development shall comply with the dimensional standards for the C -C zoning district listed in UDC Table 11-2B-3 and the specific use standards listed in UDC 11- 4-3-14 for education institutions. i. A minimum 5 -foot wide detached sidewalk is required to be constructed along N. Meridian Road within the street buffer in accord with UDC 11-3A-17. Detached sidewalks are required to have an average minimum separation of greater than 4 feet DEVELOPMENT AGREEMENT - SAINT IGNATIUS SCHOOL H-2016-0028 PAGE 3 OF 9 to back of curb, per UDC 11-3B-7C.Ia(2). Coordinate the location of the sidewalk with ACRD. The developer shall also construct an off-site detached sidewalk along N. Meridian Road to connect from the sidewalk required on the subject property to the existing sidewalk to the north to ensure safety of children walking or riding their bicycles to school in accord with UDC 11-4-3-14E. j. An underground pressurized irrigation system is required to be provided for this development in accord with UDC 11-3A-15. k. A Type 1 light is required at the intersection of N. Meridian Road and the school entrance and also 220 feet to the south of the first light as shown on the site plan; coordinate the details with Austin Petersen, Public Works Department (208-489- 0352). 1. The applicant shall provide written documentation that the facility meets the minimum site area guidelines as established by the Idaho state department of education in accord with UDC 11-4-3-3-14G. in. A cross-access/ingress-egress/cross-parking agreement should be recorded between the subject property and the church property to the north. The shared parking agreement shall comply with the standards listed in UDC 11 -3C -7B. Shared parking is required to comply with the standards listed in UDC 11 -3C -7A. n. The school structure shall incorporate design elements, construction materials and colors that complement the existing church structure to the north. The final design of the structure is required to comply with the design standards listed in UDC 11-3A-19 and the Architectural Standards Manual. o. The developer shall comply with the provisions in the ACHD staff report for this project. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must 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 cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. DEVELOPMENT AGREEMENT - SAINT IGNATIUS SCHOOL H-2016-0028 PAGE 4 OF 9 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code H 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the DEVELOPMENT AGREEMENT - SAINT IGNATIUS SCHOOL H-2016-0028 PAGE 5 OF 9 UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: 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, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: Roman Catholic Diocese of Boise 1501 S. Federal Way, Suite 400 Boise, ID 83705 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party 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. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest DEVELOPMENT AGREEMENT - SAINT IGNATIUS SCHOOL H-2016-0028 PAGE 6 OF 9 in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY; Unless otherwise expressly provided, eachparty shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to 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 pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning 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 for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT - SAINT IGNATIUS SCHOOL H-2016-0028 PAGE 7 OF 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Roman Catholi Diocese of Boise By; CITY OF MERIDIAN Mayy de Weerd 44°�ATGDgUCLs ATTEST: ow City of E INDIA Nk- � o0AH0 Jacy"Jones `ity-C-lrrk ---J SEAL TREA0�'��P~ DEVELOPMENT AGREEMENT — SAINT IGNATIUS SCHOOL H-2016-0028 PAGE 8 OF 9 STATE OF IDAHO ) ss: County of Ada, On this (day of , 2016, before me, the undersigned, a Notary Public in and for said State, personally app ared aa,,ie" , known or identified to me to be the � d of Roman Catholic Diocese of Boise, and acknowledged to me that he executed the same'U behalf of said church. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ••.•,��'•,••. �'••.•dQ% v�-��-2—_ �•b Notary Public for Idaho 0 '77 �,,, ; �-• y r Residing at: 46 My Commission Expires: '35 t b 07 STATE OF IDAHO ) : ss County of Ada On this day of �lAnQ- , 2016, before me, a Notary Public, personally appeared Tammy de Weerd and Jacy Jones, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of 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. ♦♦♦s•r•♦♦♦. C ♦. O ; ♦ n /J (SEAL) 4! �d fir'' Notary Public f Idaho Residing at:� Commission expires: c �`� -� 5 DEVELOPMENT AGREEMENT - SAINT IGNATIUS SCHOOL H-2016-0028 PAGE 9 OF 9 March 3, 2016 Project No. 115210 EXHIBIT A T I I r LAPID Gn01;1'. 1N1, ANNEXATION PARCEL Roman Catholic Diocese of Boise Holy Apostles Catholic Church Page 1 of 1 A parcel of land situated in a portion of Government Lot 1 of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the Northwest Section Corner of said Section 30, marked by a brass cap monument; thence on the west section line of said Section 30, South 00°25'09" West, 769.42 feet, to a point, said point being the POINT OF BEGINNING; Thence leaving said west section line, North 88°20'02" East, 217.97 feet; Thence North 44°08'46" East, 39.13 feet; Thence South 89°52'46" East, 494,67 feet; Thence North 00°29'32" East, 290.00 feet; Thence South 89°52'46" East, 361.45 feet, to a point on the easterly line of aforementioned Government Lot 1; Thence on said easterly line, South 00°29'32" West, 625.02 feet, to the northeasterly corner of Hacienda Subdivision, Book 96, Page 11825, as recorded in official records of Ada County; Thence on the northerly line of said Hacienda Subdivision, North 89°52'46" West, 1100.56 feet, to a point on the aforementioned west section line, from which the West One Quarter Corner of said Section 30 bears South 00°25'09" West, 1591.61, feet; Thence on said west section line North 00'25'09" East, 300.08 feet, to the POINT OF BEGINNING. The above described parcel of land contains 10.71 acres more or less, subject to all existing easements and rights-of-way of record. A PREPARED BY: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445(fax) Michael S. Femenia 0!5/ 03/ 2016 Sltarlr-�rl!r.� ct�, � . �,��n�r7 ;,tEu�e �C��JF,o,;, � , r,-SuaCxf ... u��is, n.,ry F E, i tztintr aC�'e,�nirl.atr. '1 r,czro•, .,,,,,;;yirg 1,<v, I,0"-. <<a. x_ Q r �1., tulip ttG _ ;-, r1; 137. ;J4a fN1 .";:y 411'1 wv;w.thelandgro�tp1 - 491St Saint Ignatius School —AZ H-2016-0028 EXHIBIT A NW COR SEC 30 N 1/4 COR SEC 30 — — HIGHWAY 20=26(CHINDEN BLVD) — S.24JIS19 N89'50'45'W 2420.86' ____5.25130 ' I I I i IW i I � h I Iv I I S89°52'46"E 361.45' �_I o — — a}^I- m lNl 'W CV Oy S89°52'16"E 494.67' S� N44'08'46'E 39.13' N PARCEL B N8V20'02'E 217.97' 10.71 Acres± POINT OF BEGINNING 1 2 N89'52'46'W 1100.56' — — — Qj/ OV 2016 j �- HACIENDA SUBDIVISION W 1/4 COR SEC 30 o ac am Parcel W Annexation Saint Ignatius School —AZ H-2016-0028 0.0 to CD O ED 0=- C-1 =C1 29 w� V O O. C '�C O � GC = Im t 1)"gROUP Exhibit B CITY OF MERIDIAN j,� T Tl T /l 1\ T�� FINDINGS OF FACT, CONCLUSIONS OF LAW L I��E �'j AND DECISION & ORDER 0 In the Matter of the Request for Annexation and Zoning of 10.71 Acres of Land from the RUT Zoning District in Ada County to the C -C Zoning District in the City for Saint Ignatius, by Roman Catholic Diocese of Boise. Case No(s). H-2016-0028 For the City Council Hearing Date of: May 3, 2016 (Findings on May 10, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 3, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 3, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 3, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 3, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0028 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 3, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and zoning is hereby approved with the requirement of a development agreement per the Staff Report for the bearing date of May 3, 2016, attached as Exhibit A. D, Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and retained to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11 -5B -3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-317). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of May 3, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), H-2016-0028 - 2 - By action of the City Council at its regular meeting held on the 2016, COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) Mayor Attest; PIAN m1oAHo Jacy Dories �ti� SEAL City Clerk �h day of VOTED \2. VOTED e - VOTED 0 e VOTED 0.l Ci VOTED Nb--,e"V VOTED_a—q e - VOTED -- Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney, By: Dated; City Clerk'I O ice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0028 - 3 - STAFF REPORT Hearing Date: May 3, 2016 wl I IA TO: Mayor & City Council g FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Saint Ignatius School — AZ (H-2016-0028) I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Roman Catholic Diocese of Boise, has submitted an application for annexation and zoning (AZ) of 10.71 acres of land with a C -C zoning district for the construction of a private education institution (Saint Ignatius School). II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ application with the requirement of a development agreement in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard this item on April 7, 2016. At the public hearing, the Commission moved to recommend approval of the subiect AZ request. a. Summary of Commission Public Hearing: i. In favor: Tamara Thompson ii. In opposition: None iii. Commenting: None iv. Written testimony: Tamara Thompson (in agreement with staff report) L. Staff presenting application: Sonya Watters A. Other staff commenting on application: None b. Key issue(s) of Public Testimony: L None c. Key Issues of Discussion by Commission: i. Proposed access via Meridian Road for the site. d. Commission Change(s) to Staff Recommendation: L None e. Outstanding Issue(s) for City Council: i. The applicant requests a waiver to the access standards listed in UDC 11-3A-3 to allow two accesses via N. Meridian Road for the site as proposed (modify condition #l.l.l.e if approved). The Commission was in favor of the applicant's request. The Meridian City Council heard this item on May 3, 2016. At the public hearing, the Counci approved the subject AZ request. .a, Summary of City Council Public Hearing: L In favor: Tamara Thompson. Applicant's Representative: John Dornv. Traffic IM Saint Ignatius School — AZ H-2016-0028 PAGE 1 y. Staff presenting application: Sonya Watters Y1.Other staff commenting on application: None h� Key issue(s) of Public Testimony: L None .L key Issues of Discussion by Council: L Traffic generated from the proposed use and the request for waiver to UDC 11-3A--a-for the proposed access via N. Meridian Road, I Lack of a staff report from ACHD. d. Ivey Council Changes to Staff/Commission Recommendation L The Council approved the applicant's request fora waiver to UDC 11-3A-3 for acce via N. Meridian Road (see DA provision #LIe in Exhibit Bl. ii. Add a provision to the DA stating that the developer shall comply with the provi ion i the ACHD report for this project (see DA provision #1.112 in Exhibit Bl. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016- 0028, as presented in the staff report for the hearing date of May 3, 2016, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0028, as presented during the hearing on May 3, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0028 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 6180 N. Meridian Road, in the NW 1/4 of Section 30, Township 4 North, Range 1 East. (Parcel No.: S0530223155 & S0530223400) B. Owners: Roman Catholic Diocese of Boise 1501 S. Federal Way, Suite 400 Boise, ID 83705 C. Applicant: Same as owner D. Representative: Tamara Thompson, The Land Group 462 E. Shore Drive, Suite 100 Eagle, ID 83712 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning. A public hearing is required before the Saint Ignatius School — AZ H-2016-0028 PAGE 2 Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: March 21 and April 4, 2016 (Commission); April 11 and 25_, 2016 (City Council) C. Radius notices mailed to properties within 300 feet on: March 10, 2016 (Commission); May 3 2016 (City Council) D. Applicant posted notice on site(s) on: March 24, 2016 (Commission); April 19, 2016 (City Council VI. LAND USE A. Existing Land Use(s) and Zoning: Except for a cell tower that exists on this site, the annexation area consists of vacant undeveloped land, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Church, zoned RUT in Ada County 2. East: Future single-family residential properties in Birkdale Estates, zoned R-2 3. South: Residential properties in Hacienda Subdivision, zoned R-8 4. West: N. Meridian Road and vacant/undeveloped property in Paramount Subdivision, zoned R-8 C. History of Previous Actions: A property boundary adjustment (see record of survey in Exhibit AA) was recently approved, but not yet recorded, in Ada County that will create the configuration of the property shown on the site plan in Exhibit A.2. D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the subject site currently exists near the SW corner of the subject site. 2. Location of water: Water mains intended to provide service to the subject site currently exist near the SW corner of the subject site as well as from N. Rio De Nickel Way. 3. Issues or concerns: Applicant shall be required to extend sanitary sewer and water mains to and through the site to the east boundary of the subject site in compliance with Meridian City Code. E. Physical Features: 1. Canals/Ditches Irrigation: There is a canal that runs along the north boundary of this property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within the flood plain. Saint Ignatius School — AZ H-2016-0028 PAGE 3 VII. COMPREHENSIVE PLAN POLICIES AND GOALS Land Use: The subject property is designated Mixed Use - Community (MU -C) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The purpose of this designation is to allocate areas where community -serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single -use and strip commercial type buildings. Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but also walls or bike to (up to 3 or 4 miles. Employment opportunities for those living in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the conceptual MU -C plan depicted in Figure 3-3 in the Comprehensive Plan (pg. 27). Developments should have a unix of at least 3 land use types; residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre; non-residential buildings should be proportional to and blend in with adjacent residential buildings; vertically integrated structures are encouraged; supportive and proportional public and/or quasi -public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of 5% of the development area are required. The applicant proposes to annex the subject property with a C -C zoning district and develop a private education institution on the property. Other adjacent properties also within the MU -C designated area in Ada County have developed with a church (north of the site) and a retail store (Zamzow's) (northeast of the site); and an assisted living facility was recently approved to the west in the City — however, there is still land within the MU -C area that is yet to develop that will contribute to the unix of uses in the MU -C area in the future. While the design of the subject site and adjacent previously developed properties are not consistent with the conceptual MU -C plan depicted in Figure 3-3 of the Comprehensive Plan (pg. 27), Staff finds the proposed use will contribute to the mix of uses in this area and those developed in the future. The proposed use will serve the community and be easily accessible by car and within walking and biking distance from nearby residential developments as desired in MU -C designated areas. Policies: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): "Require appropriate landscape and street buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (3.06.02F) A 35 foot wide street buffer with landscaping is required along N. Meridian Road an arterial street and entryway corridor, in accord with the standards listed in UDC 11 -3B -7C. "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.0117) A 25 foot wide landscape buffer is required along the southern boundary of the site adjacent to residential properties. "Plan for and encourage services like health are, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings." (2,01.01C) The proposed school will provide a community serving use in close proximity and walking distance from nearby residential developments. Saint Ignatius School — AZ H-2016-0028 PAGE 4 "Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets." (2.01.04B) Landscaping is required to be provided within planter islands in par king areas on this site as required by UDC I1 -3B -8C and within street buffers as required by UDC 11 -3B -7C as proposed. "Restrict curb cuts and access points on collectors and arterial streets." (3.06.02D) The conceptual development plan depicts one fill -access for the site via N. Meridian Road; anotherfill-access via N. Meridian Road exists approximately 250 feet to the north. Staff recommends the subject property obtain access via the existing driveway to the north in accord with UDC 11-3A-3 unless otherwise approved by Council. "Support the location of school sites within every square mile." (3.02.01B) The proposed private school will contribute to the education options available in the northern portion of the City. "Ensure compatibility of schools with neighborhoods and adjacent land uses." (3.02.01J) The school is proposed to be setback approximately 56 feet fr•orn the south property line. Exterior lighting is proposed to be directed away from the residences. Vehicular traffic and parking is oriented away fi•om the residences on the north and west portions of the site. "Ensure development provides safe routes and access to schools, parks and other convnunity gathering places." (3.07.02N) A detached sidewalk is required to be constructed along the frontage of the site on N. Meridian Road. There is an existing detached sidewalk along the frontage of the church property to the north on Meridian Road, north of the access driveway; however; there is no sidewalk south of the driveway to the subject property. Staff recommends the developer construct an off-site detached sidewalk to connect from the subject property to the existing sidewalk to the north to ensure safety of children walling or riding their bicycles to school. The specific use standards for schools listed in UDC 11-4-3-14 also require safe pedestrian access to be provided to schools. "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.0117) City services are available and will be extended by the applicant upon development of the site in accord with UDC 11-3A-21. Analysis: Annexation of this property with a C -C zoning district for the development of a private school is consistent with the FLUM designation of MU -C and should be compatible with adjacent church, commercial and residential uses. Therefore, Staff feels the proposed development is appropriate within the MU -C designation. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Six districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. Saint Ignatius School — AZ H-2016-0028 PAGE 5 The C -C district allows a larger scale (than C -N) and broader mix of retail, office and service uses with access to arterial or collector streets. B. Schedule of Use: Unified Development Code (UDC) Table 11-213-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the C -C zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site as a private education institution is a principal permitted use in the C -C district, subject to the specific use standards set forth in UDC 11-4-3-14. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-213-3 for the C -C zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-213-3 for the C -C zoning district. E. Off -Street Parking: Off-street parking is required in accord with UDC 11-3C-613 for non- residential uses. F. Structure and Site Design Standards: Development of this site must comply with the design standards in accord with UDC 11-3A-19 and the guidelines listed in the Architectural Standards Manual. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant has applied for annexation and zoning of 10.71 acres of land with a C -C zoning district. As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designation of MU -C and the policies in the Comprehensive Plan as noted. The proposed annexation area consists of a combination of two parcels (Parcels #50530223155 & #50530223400) owned by the Roman Catholic Church. The larger parcel currently consists of 24 acres of land and the smaller parcel consists of 1 acre of land; the parcel reconfiguration will result in two parcels consisting of 14.61 acres and 10.37 acres. The applicant submitted an application through Ada County to modify the configuration of these two parcels that has received tentative approval but not final approval (see Record of Survey in Exhibit A.3). Staff recommends that the applicant submit a letter of final approval from Ada County Development Services for the Boundary Line Adjustment and a recorded copy of the Record of Survey, prior to approval of the annexation ordinance by City Council. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Exhibit B and as detailed below. Note: Staff has confirmed via deeds dated prior to April 4, 1984 that the two existing parcels owned by the Roman Catholic Diocese of Boise are original parcels of record as defined by UDC 11 -IA -1; once the property boundaty adjustment is finalized through the County and the school site is annexed into the City, the parcel is eligible for a buildingpermit without having to subdivide the property. Concept Plan: A conceptual site plan was submitted with this application that is included in Exhibit A.2. The applicant proposes to develop the site with a 54,464 square foot private school Saint Ignatius School — AZ H-2016-0028 PAGE 6 (Saint Ignatius) for Kindergarten through 8"' grade that is associated with the church on the adjacent property to the north. The school is proposed to be setback approximately 56 feet from the south property line. Exterior lighting is proposed to be directed away from the residences. Vehicular traffic and parking is oriented away from the residences on the north and west portions of the site. Existing Structures: There is an existing wireless communication facility (stealth tower) on this site; there are no other existing structures on the portion of the property proposed to be annexed. Dimensional Standards: All development on the site is required to comply with the dimensional standards listed in UDC Table 11-2B-3 for the C -C district. Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC 11-4-3-14, Education Institution, as follows: Staff's comments are shown in italics. A. Accessory Uses: Accessory uses including, but not limited to, daycare facilities, community events, community services, social services, curricular and extracurricular activities, meeting facilities for clubs and organizations, and school administration may be allowed. 1. Community events shall include, but are not limited to, events organized by an association of persons for a social, literary, political, educational or recreational purpose. Community events shall not include retail or other services that are customarily carried on as a business. The applicant is required to comply with this standard. Curricular or extracurricular activities at an education institution shall include any sporting, musical, dramatic, artistic, fundraising or educational activities associated with any group, association, or classroom of said education facilities. Curricular or extracurricular activities shall not include retail or other services of businesses not directly associated with the education facility. The applicant is required to comply with this standard. 3. When conducted within an existing structure and site modifications are not proposed and/or required allowed accessory uses do not require a certificate of zoning compliance. Not applicable 4. Uses not deemed as an accessory use by the director shall require approval as a principal permitted or conditional use consistent with this title or as a temporary use consistent with title 3, chapter 4 of this code. (Ord. 10-1463, 11-3-2010, eff. 11-8- 2010) The applicant is required to comply with this standard. B. Location Criteria for Elementary Schools: Elementary schools should be located within the center of neighborhoods with access encouraged from local streets. Elementary school locations adjacent to public parks or open space are encouraged. At least thirty percent (30%) of the perimeter of an elementary school site should be open to streets or open space areas. The proposed school is (and will be) surrounded by residences on the south and east sides of the property. Local street access is proposed via Rio De Nickel Way at the south boundary of the site through Hacienda Subdivision. The northern half of the property is open to the adjacent church site and further to the north, Chinden Blvd. C. Location Criteria for Middle Schools and High Schools: Middle and high schools may take access off a designated arterial or collector street. The conceptplan depicts an access for the school via N. Meridian Road, an arterial street. Saint Ignatius School — AZ H-2016-0028 PAGE 7 D. Exemption: An education institution with less than one hundred fifty (150) students or located within the TN -R district may be exempt fiom the requirements for open space, landscaping, parking and drop-off areas. The applicant states there will be more than 150 students (up to 450); the property is not within a TN -R district. E. Conditional Use Requirement: A conditional use permit shall be required for any education institution in which any of the following circumstances exist: 1. The education institution is in excess of two hundred fifty thousand (250,000) square feet within a residential district; Not applicable (The proposed school will be approximately 54,464 square feet and in not within a residential district.) 2. The education institution includes lighted fields adjoining or within a residential district; The applicant is not proposing lighting for the play field. 3. The education institution will generate in excess of one thousand five hundred (1,500) vehicular trips per day; A Trac Impact Study (TIS) was submitted to ACHD but has not yet been reviewed by their traffic engineer to determine if this standard is applicable. If applicable, a conditional use permit is required. 4. The education institution takes access from a collector or an arterial street and there is not a safe, separate pedestrian and bikeway access between the neighborhood and the school site. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Detached sidewalks are required to be constructed along Meridian Road, an arterial street, for access to the school site and along the access driveway via Rio De Nickel Way into the site at the south boundary. F. Portable Classrooms (Temporary and Permanent): The site plan for all education institutions shall include the location of any future portable classrooms (temporary and/or permanent). No portable classrooms are proposed at this time; if portable classrooms are proposed in the future, these standards will apply. 1. Temporary Portables: A temporary portable classroom shall bean accessory use valid for a maximum period of four (4) years from the date of issuance of a certificate of occupancy. a. Temporary portable classrooms that meet the standards as set forth in subsection F4 of this section shall require a certificate of zoning compliance approval but shall not be subject to design review. b. Temporary portable classrooms that do not meet the standards as set forth in subsection F4 of this section shall require a conditional use permit but shall not be subject to design review. 2. Permanent Portables: Prior to the termination of the four (4) year permit, the applicant may request to convert a temporary portable classroom to a permanent portable classroom. a. Permanent portable classrooms that meet the standards as set forth in subsection F4 of this section shall require a certificate of zoning compliance and design review approval. b. Permanent portable classrooms that do not meet the standards as set forth in subsection F4 of this section shall require a conditional use permit and design review approval. Saint Ignatius School — AZ H-2016-0028 PAGE 8 3. Permit Termination: Upon termination of the four (4) year permit, the temporary portable classroom approval shall be null and void and the applicant shall remove the structure immediately. 4. Standards: a. The portable classroom shall not be located in the front yard of the principal school structure. b. The portable classroom shall not be located in any required yard. c. The placement of the portable classroom shall not reduce the number of required off street parking spaces. d. The portable structures shall comply with the building code in accord with title 10 of this code. e. Exterior colors of the portable classrooms shall be compatible with the color of the primary school building. f. The roofing material on the portable classrooms shall be of a finish that emits a minimal amount of glare. g. Where the portable classroom is located within two hundred feet (200') of a street and is visible from such a street, the portable classroom shall be screened from view of the street with a minimum of one evergreen tree per fifteen feet (15') of linear structure. The tree shall be a minimum of six feet (6) in height. (Ord. 10- 1461, 10-12-2010, eff. 10-18-2010) G. Additional Standards for Education Institution, Private: The applicant shall provide written documentation that the facility meets the minimum site area guidelines as established by the Idaho state department of education. This standard is applicable; documentation shall be provided with the Certificate of Zoning Compliance application. H. Additional Standards for Vocational or Trade Schools: The applicant shall provide written documentation that the school will have a major curriculum relating to technological industrial research and processes. (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) Not applicable Idaho State Code: §67-6519(3) states, When considering an application which relates to a public school facility, the commission shall specifically review the application for the effect it will have on increased vehicular, bicycle and pedestrian volumes on adjacent roads and highways. To ensure that the state highway system or the local highway system can satisfactorily accommodate the proposed school project, the commission shall request the assistance of'the Idaho transportation department f state highways are affected, or the local Highway district with jurisdiction if the affected roads are not state highways. The Idaho transportation department, the appropriate local highway jurisdiction, or both as determined by the commission, shall review the application and shall report to the commission on the following issues as appropriate: the land use master plan; school bus plan; access safety; pedestrian plan; crossing guard plan; barriers between highways and school; location of school zone; need for flashing beacon; need for traffic control signal; anticipated facture improvements; speed on adjacent highways; traffic volumes on adjacent highways; effect upon the highway's level of service; need for acceleration or deceleration lanes; internal traffic circulation; anticipated development on surrounding undeveloped parcels; zoning in the vicinity; access control on adjacent highways; required striping and signing modifications; funding of highway improvements to accommodate development; proposed highway projects in the vicinity; and any other issues as may be considered appropriate to the particular application. Saint Ignatius School — AZ H-2016-0028 PAGE 9 Ada County Highway District (ACRD) is the road authority responsible to report to the Commission on the above issues. ACHD is currently reviewing this project and has not yet submitted comments to the City. The Commission and City Council should review ACHD's staff report (when available) for a detailed analysis of Idaho state code requirements. Access: Access to arterial streets is limited in accord with the provisions listed in UDC 11-3A-3. The site plan depicts one full access via N. Meridian Road and a connection to Rio De Nickel Way at the southwest boundary of the site from Hacienda Subdivision; access through the church site to the north is also available via Chinden Blvd. (SH -20/26). A full access driveway already exists approximately 250 feet to the north on the church property. Because access is limited to arterial streets and these properties are under common ownership, staff recommends access for the school and the church via N. Meridian Road is combined and access for the school is taken from the existing driveway, unless otherwise waived by City Council. The applicant is requesting a waiver from City Council to UDC 11-3A-3 for the proposed access. As an alternative, the existing access could be closed and relocated to the south in alignment with the future extension of Director Street as shown on the site plan. A cross-access/ingress-egress/cross-parking agreement should be recorded between the subject property and the church property to the north. A Traffic Impact Study (TIS) was submitted to ACHD for review but comments will not be available until their engineers have completed their review. Parking: A minimum of one parking space is required per every 500 square feet of gross floor area. Based on 54,464 square feet, a minimum of 109 spaces are required. A total of 60 parking spaces are proposed on the concept plan on the subject property with shared parking on the church property to the north. Shared parking is required to comply with the standards listed in UDC 11 -3C -7A. Staff recommends a cross-access/ingress-egress/cross-parking agreement is recorded between the subject property and the property to the north to ensure availability of parking long-term; the shared parking agreement should comply with the standards listed in UDC 11 -3C -7B. Because the days of the week and main hours of operation are different between the church and school, parking should be adequate for both uses. Waterways: There is an irrigation ditch that runs along the north boundary of this site. The UDC (11-3A-6) requires all irrigation ditches, laterals, canals and drains to be piped unless left open as a water amenity (as defined in UDC 11-1A-1) or linear open space. The applicant proposes to pipe the facility. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Adequate fire protection shall be required in accord with the appropriate fire district standards. Street lighting is required to be installed with development of this property in accord with the City's adopted standards, specifications and ordinances. A Type 1 light is required at the intersection of Meridian Road and the school entrance and 220 feet to the south of the first light as shown on the site plan. Pressurized Irrigation (PI): An underground PI system is required to be provided for this development in accord with UDC 11-3A-15. Landscaping: A minimum 35 -foot wide street buffer is required along N. Meridian Road landscaped in accord with the standards listed in UDC 11-313-7C. A minimum 25 -foot wide buffer shall be provided along the southern and eastern boundaries of the site to residential uses and shall be landscaped in accord with the standards listed in UDC 11-313-9C. Saint Ignatius School — AZ H-2016-0028 PAGE 10 Fencing: The site/landscape plan depicts a 6 -foot tall chain-link fence along the southern property boundary and a 5 -foot tall chain-link fence around the open play field on the east side of the site. All fencing should comply with the standards listed in UDC 11-3A-7. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A minimum 5 -foot wide detached sidewalk is required to be constructed within the street buffer along N. Meridian Road. Detached sidewalks are required to have an average minimum separation of greater than 4 feet to back of curb. The applicant should coordinate the location of the sidewalk with ACRD. There is an existing detached sidewalk along the frontage of the church property to the north on Meridian Road, north of the access driveway; however, there is no sidewalk south of the driveway to the subject property. Staff recommends the developer construct an off-site detached sidewalk to connect from the subject property to the existing sidewalk to the north to ensure safety of children walking or riding their bicycles to school. The specific use standards for schools listed in UDC 11-4-3-14 also require safe pedestrian access to be provided to schools. Building Elevations: A conceptual perspective drawing of the future school was submitted that is included in Exhibit A.4. The building design is a single story constructed primarily of brick with modulation in the facades and roofline which will complement the design of the existing church and incorporate similar construction materials and colors. The final design of the structure is required to comply with the design standards listed in UDC 11-3A-19 and the Architectural Standards Manual. In summary, Staff recommends approval of the proposed annexation and zoning request for this site with a development agreement containing the provisions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Site Plan (dated: 3/1/16) 3. Record of Survey (Not Finalized) 4. Conceptual Perspective Drawing B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Saint Ignatius School — AZ H-2016-0028 PAGE 11 A. Drawings 1. Vicinity Map -2- 2. Site Plan (dated: 3/1/16) ° I Site Plan -3- M�rthlla®A � Y�nwlm Motu: s H I ung 02.00 3. Record of Survey (Not Finalized) ROS I - rnruc;� rrrdrxnr ro-?c,arumcn' eGsn1 ray<,I,snz -�. 1!� o ----ra 3> t u -- - -- ---——- -- —--= Morin IN— ;r------------------ Record of Survey Property Boundary Adjustment for 1 ROMAN CATHOLIC DIOCESE OF BOISEI ' L Situated in a portion Gov't lot 1 of Section 30, Township 4 North, Range 1 East, Boise Meridian (� Ada County, Idaho (- 2016 I PARCELA I I I \ I - `I � �� i t3+u 13 I -4- Certificate of Ada County Recorder str Fr>rnr IAnn,:ry a Arr,�. r =n 1rtss5 �� r uvals �en.,tx ms -- 3 a« nn.0 mr FfIR YI --4111E-a:31 CC ate of Surveyor /, I Lo- ' L� IfSF GGT Pf\ i A f �'Ihr -. Y,q,�3Ww R -Hath r ctw a: lF' A tuA u, 'tt`Cs 6 r ReferencesLE 1 %sld S3•al - Ya31E SiM1 �Wfb Gtn 1 n.TM4,1 (V SAF {114.b THE LAND GROUP @it9bitA1W bV:l,f�t:�llIIi[1W %fly,) 2ZC/1Cil PARCELA ' :'S IA E1 Ar- eat `I � �� i t3+u �Y C sl :y..�•ue 'IAI[:fl 11'k u �I � Y, Nif'. rnJnnv Ji 333 Nol IP Wi!YII:IiLXi / Lln'(I+JtI r a`1-:r,n ^xs3- - I I L:rs:vr,Y,re +- � i PARCEL Legend i 7 10,37 F,7rs_ 'A '9 au I IR I i I I I I 0.✓.i-'3.+.aP.. i �htIWFYtTlFf I I.e t"'e5'SH{9 1€:. 1^ �N41'.3 fTi?t6 I� r?,4d1i35V�L'9A � H� � q i�itnntL 1: IP•1+ii€71!51I -4- Certificate of Ada County Recorder str Fr>rnr IAnn,:ry a Arr,�. r =n 1rtss5 �� r uvals �en.,tx ms -- 3 a« nn.0 mr FfIR YI --4111E-a:31 CC ate of Surveyor /, I Lo- ' L� IfSF GGT Pf\ i A f �'Ihr -. Y,q,�3Ww R -Hath r ctw a: lF' A tuA u, 'tt`Cs 6 r ReferencesLE 1 %sld S3•al - Ya31E SiM1 �Wfb Gtn 1 n.TM4,1 (V SAF {114.b THE LAND GROUP @it9bitA1W bV:l,f�t:�llIIi[1W %fly,) 2ZC/1Cil 4. Conceptual Perspective Drawing -5- B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT 1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. The record of survey for the reconfiguration of the property boundary shall be recorded prior to approval of the annexation ordinance. b. Use of the subject property is limited to a private education institution. Development of the site shall substantially conform to the site plan and perspective elevations included in Exhibit A. c. If the education institution will generate in excess of one thousand five hundred (1,500) vehicular trips per day, a conditional use permit is required per UDC 11-4-3-14E. d. The developer shall pipe or otherwise cover the canal that runs along the northern boundary of this site in accord with UDC 11-3A-6. e. Aeoess faf the site shall be provided via the existing dr-iyeway on the ehufeh site !0 the Her-th tialess Eetineil approves a waiver to UDG 11 3A 3 for- the rvv�cQ-aBccSi-ac�cted vrrth e t e size. Council approved a waiver to UDC 11-3-4-3 for the access via N Meridian Road depicted on the site plan. f. A minimum 35-foot wide street buffer shall be provided along N. Meridian Road as set forth in UDC Table 11-213-3 and shall be landscaped in accord with the standards listed in UDC 11-3B-7C. g. A minimum 25-foot wide buffer shall be provided along the southern and eastern boundaries of the site to residential uses and shall be landscaped in accord with the standards listed in UDC 11-313-9C. h. This development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. i. All development shall comply with the dimensional standards for the C-C zoning district listed in UDC Table 11-2B-3 and the specific use standards listed in UDC 11-4-3-14 for education institutions. j. A minimum 5-foot wide detached sidewalk is required to be constructed along N. Meridian Road within the street buffer in accord with UDC 11-3A-17. Detached sidewalks are required to have an average minimum separation of greater than 4 feet to back of curb, per UDC 11- 3B-7C.1 a(2). Coordinate the location of the sidewalk with ACRD. The developer shall also construct an off-site detached sidewalk along N. Meridian Road to connect from the sidewalk required on the subject property to the existing sidewalk to the north to ensure safety of children walking or riding their bicycles to school in accord with UDC 11-4-3-14E. -6- k. An underground pressurized irrigation system is required to be provided for this development in accord with UDC 11-3A-15. 1. A Type 1 light is required at the intersection of N. Meridian Road and the school entrance and also 220 feet to the south of the first light as shown on the site plan; coordinate the details with Austin Petersen, Public Works Department (208-489-0352). m. The applicant shall provide written documentation that the facility meets the minimum site area guidelines as established by the Idaho state department of education in accord with UDC 11-4-3-3-14G. n. A cross-access/ingress-egress/cross-parking agreement should be recorded between the subject property and the church property to the north. The shared parking agreement shall comply with the standards listed in UDC 11 -3C -7B. Shared parking is required to comply with the standards listed in UDC 11 -3C -7A. o. The school structure shall incorporate design elements, construction materials and colors that complement the existing church structure to the north. The final design of the structure is required to comply with the design standards listed in UDC 11-3A-19 and the Architectural Standards Manual. p. The developer shall comply with the provisions in the ACHD staff report for this project. 2. PUBLIC WORKS DEPARTMENT 2.1 General Comments (Required with development of the site) 2.1.1 Applicant shall coordinate water and sewer main size and routing for their project with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.1.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.1.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forins. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.1.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. -7- 2.1.5 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.1.6 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.1.7 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.1.8 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.1.9 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.1.10 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.1.11 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.1.12 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.1.13 All grading of the site shall be performed in conformance with MCC 11-1-413. 2.1.14 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.1.15 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.1.16 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.1.17 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no continents on this application. -8- 4. FIRE DEPARTMENT 1.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Knox box plugs. 1.2 Based on the size of new construction and the location of the sprinkler room in relation to the address side of the structure, the AHJ may require separate Knox box locations. One being at the main, address side entrance and the other at the entrance to the sprinkler riser room. 1.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4'/2" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 %i" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 1.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 1.5 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 1.6 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 1.7 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 1.8 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 1.9 Commercial and office occupancies will require a fire -flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 1.10 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 1.11 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 1.12 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 1.13 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9 1.14 Buildings over 30' in height are required to have access roads in accordance with the International Fire Code Appendix D Section D 105. 1.15 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, -9- Section A5.2.18. 5. REPUBLIC SERVICES 5.1 The trash enclosure needs to be an 18 -foot wide double enclosure; submit a detail for approval by Republic Services. 6. PARKS DEPARTMENT 6.1 The Park's Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT The Ada County Highway District (ACHD) staff has completed an initial review of the submitted traffic impact study for St. Ignatius Elementary School. Below are the comments/recommendations that will be required to be addressed prior to the District proceeding with its review of the development application. 1. The intersection capacity analysis shown in in the study did not include the intersection level of service by lane group. The study should be revised to provide this information and resubmitted to staff for review. 2. The existing conditions analysis did not review crash history, as required by District policy 7106.8.3. Please provide a crash analysis for the intersections and roadway segment included in the study for staff's review. 3. Staff questions the traffic volumes shown on Figure 17. How is the traffic volume only increasing by approximately 10 vehicles on Meridian Road in the AM peak hour? Please review and submit any modifications to staff for review. 4. The proposed driveway on Meridian Road does not currently have a left turn lane or center land lane as stated on page 29 of the study. Please provide the left turn lane analysis and submit the information to staff for review. 5. It is unclear to staff how the proposed student drop-off/pick-up area is going to work. Is the length of the drop-off adequate for the proposed queues? Do pedestrians have to cross the drop-off/pick-up area? Is there adequate parking/stacking during pick-up? 6. Figure 14 on page 23 shows a gap in the sidewalk (across an out parcel) on Meridian Road. It would be beneficial to have a sidewalk constructed across the out parcel; it appears that the out parcel is owned by the applicant. -10- C. Legal Description & Exhibit Map for Annexation Boundary March 3, 2016 Project No. 115210 00, AW�� ate., ,- Page 1 of 1 _a Tfir LAND GROUP, 1NG ANNEXATION PARCEL Roman Catholic Diocese of Boise Holy Apostles Catholic Church A parcel of land situated in a portion of Government Lot 1 of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the Northwest Section Corner of said Section 30, marked by a brass cap monument; thence on the west section line of said Section 30, South 00°25'09" West, 769.42 feet, to a point, said point being the POINT OF BEGINNING; Thence leaving said west section line, North 88°20'02" East, 217.97 feet; Thence North 44'08'46" East, 39.13 feet; Thence South 89'52'46" East, 494.67 feet; Thence North 00"29'32" East, 290.00 feet; Thence South 89'52'46" East, 361.45 feet, to a point on the easterly line of aforenentioned Government Lot 1; Thence on said easterly line, South 00'29'32" West, 625.02 feet, to the northeasterly comer of Hacienda Subdivision, Book 96, Page 11825, as recorded in official records of Ada County, Thence on the northerly line of said Hacienda Subdivision, North 89'52'46" West, 1100.56 feet, to a point on the aforementioned west section line, from which the West One Quarter Corner of said Section 30 bears South 00'25'09" West, 1591.61 feet; Thence on said west section line North 00'25'09" East, 300.08 feet, to the POINT OF BEGINNING. The above described parcel of land contains 10.71 acres more or less, subject to all existing easements and rights-of-way of record, A PREPARED BY: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445(fax) Michael S. Femenia Off/ 05,/ 2016 SRaC°Itrrt; Ainris_sari.tt;,e£wa Ch'JEylre2;n_:7=C,olfCaltrserrli?t nc<En •ar'eiin �G;t�hcC�,tn;urJ;artan -st <virg 362 E. Shoee Erivx, Stu. 11Y), Engle, i:=aho 8 36%, . IF 1;089'01,4,14 5 rnvw.theiandaroupiry n7 - 11 - NW COR SEC 30 — — — — HIGHIVAY 20-26(CHINDEN BLVD) N 114 COR SEC 30 8.24 S.19_ N89'60'45°W 2420,86' S.251 8.30 ----- 1318.94' I I I I I � I 1 � IQ i I I�' I I _ _ 5246:7 36 1 ' o �Y1 � `R' S89°52'46"E 44.67 9' —M44°00'46°E 39.13' C3 PARCEL B 217,97' I 10,71 Was- i�i b z POINT OF BEGINN114G �! N69'52'46`W 1100.56' i — — I 22 HACIENDA SUBDIVISION Tyr W IA COR SEC 30 Parcel LBL Annexation HOMO' ML SCA1L V X20 -12- 03/ 03/ 2016 CD = N m S O � Gi � - ai o CO a= - C � � cj CA W 0 CL ad �� C C) Wr THP LAN. D GROUP 1 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the subject 10.71 acre property with a C -C zoning district and develop a private school on the site consistent with the NU -C FLUM designation for this property. The City Council finds that the proposed map amendment complies with the provisions of the Comprehensive Plan and should be compatible with the adjacent church, residential and commercial uses (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the C -C zoning district is consistent with the purpose statement for the commercial districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Commission recommends that the Council consider any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The City Council finds annexing this property with a C -C zoning district is in the best interest of the City. -13- Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: 6Q PROJECT NUMBER: H-2016-0033 ITEM TITLE: Volterra Subdivision Findings of Fact, Conclusions of Law for Volterra Subdivision (H-2016-0033) by Bridgetower Investments, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road DATE. E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: 6R PROJECT NUMBER: H-2016-0039 ITEM TITLE: Bainbridge Subdivision No. 3 Final Order for Approval for Bainbridge Subdivision No. 3 (H-2016-0039) by Brighton Development Located Southeast Corner of N. Black Cat Road and W. Vanderbilt Drive DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: 6S PROJECT NUMBER: H-2016-0048 ITEM TITLE: Shallow Creek Subdivision Final Order for Approval for Shallow Creek Subdivision (H-2016-0048) by A Team Land Consultants Located Southeast Corner of S. Locust Grove Road and E. Franklin Road MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: 6T PROJECT NUMBER: H-2016-0019 ITEM TITLE: Whiteacre Subdivision Findings of Fact, Conclusions of Law for Whiteacre Subdivision (H-2016-0019) by Providence Properties, LLC Located at the SWC of N. Meridian Rd and West McMillan Rd. MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: Meridian Arts Commission Meridian Arts Commission Budget Amendment Requesting for Spending Authority from Donations MEETING NOTES OEM Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS vi U4 --rime To: Genesis Milam From: Hillary Bodnar CC: Mayor Tammy de Weerd Date: 5-19-2016 Re: Meridian Arts Commission Budget Amendment Hi Genesis, Attached is a budget amendment form for your approval and the supporting documentation that shows donations made to MAC for both Concerts on Broadway and the Traffic Box Community Art Project. Total sponsorship for COB this year was $15,000 - this is $5,000 more than MAC had accounted for in their FY16 budget process. (We assumed $10,000 from MDC because that request was already made with them. The other sponsorships were also expected from return sponsors, but we didn't assume that revenue in case anything fell through.) I am requesting spending authority for only $13,000 since I believe that MAC will only actually spend that much of the total. Total sponsorship for Traffic Box Wraps was $8,927. 1 am requesting $5,500 of that because MAC had already received some additional funds from a previous budget amendment. The $5,500 being requested, in addition to MAC's other funds that they already have spending authority for, should cover the total number of traffic boxes planned for this year. If you have any questions about the budget amendment, please feel free to ask. 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MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 1 � - I I LI S - BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPOINTING NATHAN MUELLER TO SEAT 8 OF THE MERIDIAN DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian Development Corporation has been established by actions of the City Council of the City of Meridian pursuant to the Idaho State Code as the Redevelopment Agency for the City of Meridian; and WHEREAS, that further action established its members and terms of their appointments; WHEREAS, Seat 8 of the Meridian Development Corporation is currently vacant; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the appointment of Nathan Mueller as a Board Member to the Meridian Development Corporation; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effective immediately, Nathan Mueller shall be reappointed to Seat 8 of the Meridian Development Corporation, which terms shall run through August 31, 2018. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. �h ADOPTED by the City Council of the City of Meridian, Idaho, this -1 day of June, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this - day of June, 2016. ATTEST: Jacy Jones, p A U O,,& r �9 APPROVED, city d Y r EI lvIf" IDpH0 SQL Mayor Weerd RESOLUTION APPOINTING MUELLER TO MERIDIAN DEVELOPMENT CORPORATION --- PAGE 1 OF I Nathan J Mueller 4040 W Perkins St. Meridian Id 83642 Phone: (208) 863-5283 Email: nateirrnueller@gmail. om 1W 14 years in the Fortune 50 Tech world taught me a diverse set of skills, These skills were acquired on engineering, marketing, business development, social innovation and consulting teams. My success has always come from strategic thinking empowered by creative applications of new technology. I'm a firm believer that a vested, creative approach can benefit any organization. I'm an out of the box thinker, energetic and have an internal drive that doesn't believe there are only 24 hours in a day. I have a track record that shows I am not only a visionary but I also have the ability to design, implement and deliver. Accomplishments SaaSFocus Inc. • Presenter at Salesforce.com 2013 Dreamforce Health and Life Sciences Keynote conference with over 135,000 attendees • Presenter at Salesforce.com 2014 Dreamforce Keynote with Al Gore, Arianna Huffington and Neil Young with over 145,000 attendees. • SaaSfocus has managed over 400 successful Salesforce.com implementations • Utilized Salesforce to improve and remote monitor the delivery of Vaccines in Haiti for the Centers for Disease Control, UNICEF and the Ministry of Health of Haiti • Advised the WHO, GAVI Alliance, Clinton Foundation, Gates Foundation on effective cloud strategies to improve supple chain, communication and delivery. Business Development Manager — Hewlett Packard: • Designed new cloud based go -to -market platform for ISV Healthcare program for Hewlett Packard • Chief technologist for a business innovation and incubation team at Hewlett Packard Developing World Infrastructure — Private Consultant • Member of UNICEF's Cold Chain and Logistics Taskforce advising on emerging cloud and mobile technologies • Ran a global workshop on how to utilize Mobile and Cloud technologies to solve problems in the developing world — Attended by UNICEF, WHO, Path, The Clinton Foundation and others. • Assisted on the ground in Kenya in gathering requirements for HP and CHAI's early infant diagnosis HIV program • Lead a team in the development of 3G printers to be used in the field for remote data collection and digital send of HIV test results. Campaign and Operations Manager: • Designed and built dynamic cloud based marketing platform on Salesforce.com with over 10,000 managed microsites. Sites lowered customer exit rate increased registrations and delivered $40M in revenue in less than 18 months. • Performed a complete revamp on reporting and analytics, which included first ever account level tracking for traffic, registrations and revenue. • Built tools and processes to manage marketing resulting in millions of incremental profit. Designed and managed build and deployment of Hewlett Packard's most profitable Social Media app generating more than $1 M per year. Sales Management: Setup Hewlett Packard's first Instance of Salesforce.com Sales Cloud and optimized it for outbound and inbound selling. • Ran more than one sales team of 20 reps and increased profitability through hands on training and process implementation. • Managed the process development of two outbound sales teams. • Managed the process development of a web -based lead sales team. • Initiated new processes and tools in all three start-ups that more than doubled efficiency and profitability. In one case we actually hit almost 400% of our revenue attainment. Managed Salesforce process setup, rollout and training for two HP startup projects and an outside marketing firm. Engineering in Research & Development: • Proposed a new type of engineering position that was implemented by Hewlett Packard and grew into an engineering team of 6 people. • Spent two years developing and running new engineering team that was over 200% more efficient than the previous process at identifying defects in software and hardware. Experience CEO & Principal Consultant at SaaSFocus Inc. SaaSfocus Inc. is a customer -centric, consulting, implementation and development cloud services company. Our focus is to aid businesses & organizations in their pursuit of cloud technology solutions and help them build sustainable success with a strong cloud strategy. We provide process and technology consulting with strong expertise it) integration and customization of cloud based applications such as Salesforce,com, Force,com and Amazon Web Services. We are a proud Cold Alliance Parkner of Salesforce.com and Advanced Consulting Partner of Amazon Wel: services. Actively participated in more than 40 Salesforce.com implementations, customizations and integrations as a lead Analyst or Technical Architect Specialize in scalable software solutions and complex integrations built on Salesforce.com and Amazon.com Since founding SaaSFocus it has grown to over 120 employees, more 40 Salesforce.com certifications and has offices in four countries doing work in 15. President, ScaleStation: Serve as President on the Board of Directors for ScaleStation. • ScaleStation is a Consulting Design and Development company that specializes in interactive design applications. Due to rapid growth ScaleStation's Cloud Services Division recently completed a merger and was successfully spun off as SaaSFocus Inc. President, ScaleStation Foundation: • Serve as President on the Board of Directors for ScaleStation Foundation, ScaleStation Foundation serves to improve global health, enhance access to quality education, and advance economic progress by utilizing the world's best technologies and a business -minded approach to develop solutions for some of the world's most formidable challenges. Strategy and Operations Manger: • Delivered incubation programs bringing in an incremental $200M in annual revenue • Primary focus was growing verticals by utilizing emerging cloud technologies • Specialized in building Salesforce.com applications to increase profitability and efficiency. • Analyst on 6 multi year Salesforce engagements. Global Social Innovation Team, Kenya, Tanzania • Tasked with coming up with a process and related technology to have all infants HIV tested and results delivered in Kenya — program so far has tested over 200K children Campaign and Operations Manager, Boise, Idaho • Ran web analytics and reporting for HP's corporate and education programs, which accounted for 240 million in revenue annually. • Designed, built and delivered a dynamic marketing landing page platform for over 10,000 pages on the Salesforce.com platform. • Responsible for SEO optimization, creative design and campaigns. • Created and managed multiple HTML templates for marketing and HTML Email. Sales Supervisor, Hewlett Packard, Boise, Idaho • Significantly raised the level of performance of the team and significantly decreased down time by implementing Salesforce and customizing the reporting and dashboards to drive results. • Managed 20 employees and established month over month increase in sales and profitability. • Responsible for metrics, schedule adherence, interviewing and performance. • Initiated meetings with project managers and development teams to pinpoint bottle necks and efficiency issues. Test Engineer, Hewlett Packard, Boise, Idaho • Responsible for software and firmware integration. • Identified over 200 defects ranging from hardware, software and design. • Documented all findings including debugging • Acquired excellent problem solving and trouble shooting skills. Team Supervisor, Software Testing, Hewlett Packard, Boise, Idaho • Ran a software test team that consisted of 6 employees. • Acted as primary contact between developers and engineers on all defects. • Responsible for writing new tests and designing processes. • Acted as team trainer when new technical information needed to be rolled out. Education • Studied Sociology at Boise State University and College of Western Idaho Ci t y C o u n c i l M e e t i n g Ju n e 7 , 2 0 1 6 Sl i d e 1 h2 Ag e n d a I t e m N u m b e r s / O r d e r : ho o d c , 1 2 / 1 9 / 2 0 0 6 It e m # 9 D : T h i r d S t r e e t S q u a r e Su b d i v i s i o n Vi c i n i t y M a p Pr e l i m i n a r y P l a t La n d s c a p e P l a n El e v a t i o n s El e v a t i o n s It e m # 9 E : M a v e r i k Vi c i n i t y M a p Co n c e p t P l a n Bi l l b o a r d s El e v a t i o n s It e m # 9 G : 9 0 7 N . W . 2 nd St . Vi c i n i t y M a p It e m # 9 H : A s h l e y M a n o r – Z o n i n g & A e r i a l M a p 1 5 7 7 1 5 9 5 1 5 0 6 42 2 7 1 5 1 2 1 5 2 4 1 4 2 2 1 5 5 3 1 3 2 4 1 5 6 5 1 5 4 4 4 2 1 2 13 6 4 4 2 3 6 4 2 2 9 1 3 3 6 1 5 3 8 42 6 1 1 4 1 8 1 4 4 6 42 1 7 42 7 3 42 2 4 42 6 8 12 1 5 1 5 8 9 42 4 5 42 1 3 4 2 4 4 4 2 3 7 1 3 5 0 1 3 0 2 44 1 5 43 7 9 44 7 0 44 9 7 44 0 2 45 4 5 44 7 2 43 2 0 1720 1840 1795 16 2 5 1815 45 0 8 12 7 9 14 2 3 1855 43 6 0 1760 16 3 0 1740 44 2 5 1850 44 4 7 44 7 3 1835 44 3 8 44 9 2 45 1 0 1790 45 2 8 44 8 1 42 0 0 44 5 3 44 5 2 44 2 0 45 1 5 1 3 5 1 1 3 1 5 44 9 7 44 9 0 44 5 6 14 0 5 1820 13 8 7 18651715 39 7 6 13 4 0 1 2 9 2 14 3 4 43 6 0 39 7 9 43 3 4 1 3 6 3 1 3 0 5 1 3 5 1 1 3 2 9 1 2 8 1 1 2 7 0 39 6 0 39 6 8 15 8 5 14 6 3 1 3 9 7 1873 1857 4500 1712 1834 45 5 7 4431 16 4 3 1687 1749 4538 39 7 2 39 8 6 39 6 7 1 3 1 7 14 9 2 43 7 4 1815 4495 4512 1715 448045354511 39 9 3 39 8 9 12 9 4 1 3 7 5 43 8 3 40 1 0 1665 4450 44 7 1 1785 18 1710 14 0 0 13 6 9 43 9 6 1725 1773 1799 1675 4462 1790 1755 40 8 8 43 6 7 45 1 9 44 9 3 16 2 1 1736 1760 1786 4533 18991882 40 1 0 R- 8 RU T L- O RU T R- 8 N L o c u s t G r o v e R d N B r i g h N B r i g h t A n g e l A v e E G r e e n H a v e n S t E L e i g h F i e l d D r N H e r i t a g e V i e w A v e ped e W a y E E x p e d i t i o n D r N H e r i t a g e V i e w P l E R e d R o c k D r N T r a i l B l a z e r P l N P a r k C r o s s i n g A v e i t a g e A v e E S t a r D r N P a C r o s s i n g N S u p a i A v e N S u p a i A v e QU E N Z E R CO M M O N S NO 1 0 RA Z Z B E R R Y CR O S S I N G AL E X A N D R I A NO 01 QU E N Z E R CO M M O N S QU E N Z E R CO M M O N S N O 08 F R O N T A G E SCHOOL DISCOVERY ELEMENTARY QU E N Z E R HA V A S U CR E E K NO 0 1 Co n c e p t u a l Si t e P l a n & Bu i l d i n g E l e v a t i o n s ""d RS W R4 RU T C- N R- 4 R- 8 S E a g l e R d E A m i t y R d E L a c h l a n S t S S t o c k e n h a m W a y E L a G r a n g e S t E R o c k h a m p t o n S t E L a c h l a n S t E L a G r a n g e S t S M a r t i n e l L n S T i n d a r i s P l S H o w r y L n S W a y l a n d A v e S P a l a t i n o A v e HI L L ' S CE N T U R Y F A R M SU B D I V I S I O N DI A M O N D VI E W A S S I S T E D LI V I N G HI L L S C E N T U R Y FA R M P H A S E 1 LO G A N C R E E K SU B D I V I S I O N HI L L S CE N T U R Y F A R M PH A S E 2 BL A C K R O C K LI F T S T A T I O N HO W R Y L A N E SU B D I V I S I O N It e m # 9 I : H o w r y S u b d i v i s i o n Zo n i n g & A e r i a l M a p s Or i g i n a l P r e l i m i n a r y P l a t & P h a s i n g P l a n RE V I S E D P r e l i m i n a r y P l a t Pr o p o s e d L a n d s c a p e P l a n Sl o p e E x h i b i t ( E x i s t i n g v s . P o s t D e v e l o p m e n t S l o p e ) Co n c e p t u a l B u i l d i n g E l e v a t i o n s It e m # 9 J : T M C r o s s i n g Zo n i n g & A e r i a l M a p s X Y Ú Ú d Ú Ú d S T e n M i l e R d S Linder RdW F r a n k l i n R d N Lind W O v e r l a n d R d W L a m o n t R d N T e n M i l e R d W H e a v yTim b e r D r W D u t c h F a r m R d S M a l a c hiteAve W A m e r i c a n F o r k D rWBayeuxDrWPWVerbenaDr WAspenCoveDrWGreS Lilac St SSpoonbillAve W G a S O tterAve W D a v i s L n S i l v e r T e r r a c e R d W B a r r e D r W A s p e n C o v e C i rW W a l t m a n S t W W o o d i n g t o n S tW J o s h u a L n W J S N o v a L n NWard S Larkspur St W M SArielLn W T e n d e r h e a r t L n W T a s a D r W W V a l V i s t a C t S Moonston e W a y SLodestoneAve S W i n d y R i d g e L n S S p a n i s hSunW a y SSpoonbillAveSSpoonbillAve S C a b a l l a r L n S N o v a L n S N o v a L n SOldThornLn Pr e v i o u s l y A p p r o v e d C o n c e p t u a l D e v e l o p m e n t P l a n I n c l ud e d i n D e v e l o p m e n t A g r e e m e n t Pr o p o s e d D e v e l o p m e n t P l a n f o r P h a s e I Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: 9A PROJECT NUMBER: H-2016-0053 ITEM TITLE: Brinegar Prairie No. 1 Final Plat for Brinegar Prairie No. 1 (H-2016-0053) by Challenger Development, LLC Located 2220 N. Ten Mile Road Request: Final Plat Approval Consisting of Forty -Six (46) Residential Lots and Ten (10) Common Lots on 11.9 Acres of Land in the R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: 9B PROJECT NUMBER: H-2016-0050 ITEM TITLE: Isola Creek No. 4 Final Plat for Isola Creek No. 4 (H-2016-0050) by Isola Creek, LLC Located North Side of W. Ustick Road and East Side of N. Ten Mile Road Request: Final Plat Approval Consisting of Forty -Five (45) Single Family Residential Building Lots and Four (4) Common Lots on Approximately 28.02 Acres in the R-4 Zoning District DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: 9C PROJECT NUMBER: ITEM TITLE: Birkdale Estates Subdivision Final Plat for Birkdale Estates Subdivision (H-2016-0059) by EGC Development, LLC Located Southeast Corner of N. Meridian Road and E. Chinden Boulevard 1. Request: Final Plat Approval Consisting of Fifteen (15) Residential Lots and Five (5) Common Lots on 10.06 Acres of Land in the R-2 Zoning District MEETING NOTES Y Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: 9D PROJECT NUMBER: H-2016-0031 ITEM TITLE: Third Street Square Subdivision Public Hearing Continued from May 24, 2016: Third Street Square Subdivision (H-2016 0031) by Trenton Seltzer Located East of N. Main Street Between Franklin Road and Pine Avenue 1. Request: Preliminary Plat Approval Consisting of Seven (7) Building Lots and One (1) Common Lot on 1.737 Acres of Land in an O -T Zoning District MEETING NOTES y �, �, b it ICI t } � t,& P Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E. 3RD ST. O X Z 00 00 x z O O co O � � p W � (A y IJI.J x x O Z iz � zz `� b t Uo O O < o o m� " COD PRO x M CD OR a jO� co o w ce '� -P r Z ANN*.- - 4 woe► �� ~ Z n 0 Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: 9E PROJECT NUMBER: H-2016-0027 ITEM TITLE: Maverik Public Hearing Continued from May 17, 2016 for Maverik (H-2016-0027) by Maverik, Inc. Located 1515 E. Fairview Avenue 1. Request: Annexation and Zoning of Approximately 3.907 Acres of Land with a C -G Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: 9F PROJECT NUMBER: H-2016-0001 ITEM TITLE: Brundage Estates Public Hearing for Brundage Estates (H-2016-0001) by L.C. Development, Inc. Located East of S. Linder Road Between Victory and Amity Roads 1. Request: Preliminary Plat Consisting of 366 Building Lots, 20 Common Lots and 1 Other Lot on 136.63 Acres of Land in an R-4 Zoning District MEETING NOTES Cork, � Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE; E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 7, 2016 ITEM TITLE: 907 NW 2nd Street ITEM NUMBER: 9G PROJECT NUMBER: H-2016-0040 Public Hearing for 907 NW 2nd Street (H-2016-0040) by City of Meridian Located North Side of E. Pine Avenue, West of N. Meridian Road 1. Request: Rezone of 0.21 Acres of Land from the R-4 Zoning District to the O -T Zoning District MEETING NOTES Arv Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: 9H PROJECT NUMBER: H-2016-0043 ITEM TITLE: Ashley Manor Public Hearing for Ashley Manor (H-2016-0043) by Mark Ellison Located 4379 N. Locust Grove Road 1. Request: Annexation and Zoning of 1.22 Acres of Land with an L -O Zoning District MEETING NOTES U s4„SP 1"ori` Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: 91 ITEM TITLE: Howry Lane Subdivision Located 5220 S. Howry Lane I. Public Hearing for Howry Lane Subdivision (H-2016-0030) by M3 Acquisition, LLC Located 5220 S. Howry Lane 1. Request: Annexation and Zoning of 41.07 Acres of Land from RUT (Ada County) to R- 8 Zone 2. Request: Preliminary Plat Approval Consisting of 136 Building Lots and 13 Common _I Mc nn An AA Ar -roc of I nnrl in +ho P -R 7nninn liictrir-f MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Ho w r y L a n e S u b d i v i s i o n Me r i d i a n C i t y C o u n c i l Ju n e 7 , 2 0 1 6 Th e S u r r o u n d i n g A r e a Hi l l p r o p e r t y r e - z o n e & c o m p p l a n am e n d m e n t f r o m LD R t o m i x e d - u s e , ne i g h b o r h o o d Hi l l s d a l e E l e m e n t a r y Sc h o o l , Y M C A , Pu b l i c L i b r a r y , C i t y Pa r k Ce n t u r y F a r m s Su b d i v i s i o n ~ 2 2 0 ac r e s , R - 8 Z o n i n g Ho w r y L a n e Su b d i v i s i o n Pr o p e r t y T o p o g r a p h y Ot h e r F e a t u r e s Cu n n i n g h a m La t e r a l – a t to p o f r i d g e Dr a i n La n d s c a p e d d r a i n i n Ro c k H a m p t o n Ho w r y L a n e S u b d i v i s i o n Fo x t a i l E s t a t e s L a n d s c a p e d Di t c h E x a m p l e We a r e p r o p o s i n g t o la n d s c a p e t h e d r a i n c r o s s i n g th e p r o p e r t y i n a s i m i l a r ma n n e r t o t h e F o x t a i l Es t a t e s i r r i g a t i o n d i t c h Co n d i t i o n 1 . 1 . 2 . b – B l o c k Le n g t h Or i g i n a l S u b m i t t a l Re v i s e d S u b m i t t a l De c r e a s e d st r e e t l e n g t h , mo d i f i e d en t r y & p a r k Modified intersection to include 90 degree intersection and stop sign Adding an additional traffic calming feature Re v i s e d B l o c k L e n g t h 53 5 ’ 57 0 ’ 56 0 ’ 90 d e g r e e t u r n ( a n d st o p s i g n ) b r e a k s u p bl o c k p e r p a r a g r a p h d . Sl o p e o v e r 1 0 % gr a d e o n n o r t h s i d e o f bl o c k a n d i r r i g a t i o n dr a i n o n t h e s o u t h si d e o f t h e b l o c k p e r pa r a g r a p h b q u a l i f y fo r 1 2 0 0 ’ b l o c k l e n g t h Pe d e s t r i a n c o n n e c t i o n be t w e e n o p e n s p a c e s an d t r a i l f u r t h e r im p r o v e s s i t u a t i o n w i t h lo n g b l o c k l e n g t h p e r pa r a g r a p h a . Co m m u n i t y A m e n i t i e s Swimming pool & changing rooms Hillside feature in community park Playground in community park La n d s c a p e d cr e e k a n d pa s s i v e o p e n sp a c e Op e n S p a c e : ap p r o x i m a t e l y 7 a c r e s , 1 8 % Co n d i t i o n m o d i f i c a t i o n re q u e s t s Cu n n i n g h a m l a t e r a l p a t h w a y r e q u e s t w a s d e n i e d b y t h e i r r i g a t i o n d i s t r i c t . W e re q u e s t r e m o v a l o f t h e f o l l o w i n g c o n d i t i o n s : • 1. 1 . 3 . g – “ I n c l u d e a 5 - f o o t w i d e p e d e s t r i a n p a t h w a y be t w e e n L o t s 2 3 & 2 4 an d 7 & 8 , B l o c k 3 c o n n e c t i n g t o t h e p a t h w a y a l o n g th e C u n n i n g h a m L a t e r a l . ” • 1. 1 . 3 . h – “ T h e p a t h w a y a l o n g t h e n o r t h s i d e o f t h e C un n i n g h a m L a t e r a l s h a l l ex t e n d s o u t h t o t h e s i d e w a l k a l o n g W . A u k l a n d S t r e e t a t t h e e a s t b o u n d a r y o f th e s i t e a l o n g L o t 1 6 , B l o c k 3 . ” Re q u e s t r e m o v a l o f r e q u i r e m e n t f o r a d d i t i o n a l a m e n i ty i n l i e u o f p a t h w a y • Pr o j e c t c u r r e n t l y c o n t a i n s 1 8 % o p e n s p a c e , i n c l u d i n g p a s s i v e o p e n s p a c e a n d ac t i v e o p e n s p a c e ( a d d i t i o n a l 2 0 , 0 0 0 S F o f o p e n s p a ce g i v e s c r e d i t f o r o n e am e n i t y , s u b d i v i s i o n c o n t a i n s n e a r l y 1 4 0 , 0 0 0 S F o f ad d i t i o n a l o p e n s p a c e ) • Sw i m m i n g p o o l a n d c h a n g i n g r o o m s ( a m e n i t y ) • Co m m u n i t y p a r k w i t h h i l l s i d e t u r f p l a y a r e a • To t - l o t a s p a r k o f c o m m u n i t y p a r k ( a m e n i t y ) Th a n k Y o u Me r i d i a n C i t y C o d e 1 1 - 6 C - 3 F – Bl o c k F a c e 1. L e n g t h I n R e s i d e n t i a l D i s t r i c t s : I n t h e r e s i d e n t ia l d i s t r i c t s , n o b l o c k f a c e s h a l l b e m o r e t h a n s e v en h u n d r e d f i f t y f e e t ( 7 5 0 ' ) i n l e n g t h w i t h o u t a n in t e r s e c t i n g s t r e e t o r a l l e y , e x c e p t a s a l l o w e d i n su b s e c t i o n F 3 o f t h i s s e c t i o n . 3. E x c e p t i o n s : A l t h o u g h b l o c k f a c e l e n g t h s a r e a l l o we d t o e x c e e d t h e m a x i m u m l e n g t h a s s e t f o r t h b e l o w , i t i s a n t i c i p a t e d t h a t m o s t b l o c k s w i l l n o t ex c e e d t h e r e q u i r e m e n t : a. Wh e r e a p e d e s t r i a n c o n n e c t i o n i s p r o v i d e d , t h e m a x i mu m b l o c k f a c e m a y b e e x t e n d e d u p t o o n e t h o u s a n d f eet (1,000') in length in r e s i d e n t i a l d i s t r i c t s ; a n d u p t o s e v e n h u n d r e d f i f t y f e e t ( 7 5 0 ' ) i n l e n g th i n t h e T N - C a n d T N - R d i s t r i c t s . T h e p e d e s t r i a n c on n e c t i o n s h a l l p r o v i d e a c c e s s fr o m w i t h i n t h e s u b d i v i s i o n t o o n e o r m o r e o f t h e f ol l o w i n g : a q u a l i f i e d o p e n s p a c e a s d e f i n e d i n s u b s ec t i o n 11 - 3 G - 3 B o f t h i s t i t l e , a s t r e e t , o r a co m m o n o p e n s p a c e a r e a o r p u b l i c m e e t i n g a r e a w i t h i n a n a b u t t i n g d e v e l o p m e n t . b. Th e c i t y c o u n c i l m a y a p p r o v e a b l o c k f a c e u p t o o n e t h o u s a n d t w o h u n d r e d f e e t ( 1 , 2 0 0 ' ) i n l e n g t h w h e r e block design is co n s t r a i n e d b y s i t e c o n d i t i o n s s u c h a s : a n a b u t t i n g a r t e r i a l s t r e e t o r h i g h w a y , a l i m i t e d a c c e s s s t r e e t , r a i l r o a d t r a c k s , st e e p s l o p e s i n e x c e s s o f t e n pe r c e n t ( 1 0 % ) , an a b u t t i n g u r b a n p r o j e c t w i t h n o a d j o i n i n g a l l e y o r s t r e e t c o n n e c t i o n s , a p u b l i c o r p r i v a t e e d u c a t i o n f a c i l i t y o r p a r k , a large waterway an d / o r a l a r g e i r r i g a t i o n f a c i l i t y . c. W h e r e a n a p p l i c a n t p r o p o s e s b l o c k f a c e s t h a t e x c ee d s e v e n h u n d r e d f i f t y f e e t ( 7 5 0 ' ) i n a r e s i d e n t i a l d i s t r i c t , o r f i v e h u n d r e d f e e t (5 0 0 ' ) i n t h e T N - C a n d T N - R d i s t r i c t s , t h e a p p l i c a n t s h a l l p r o v i d e w r i t t e n j u s t i f i c a t i o n a s t o w h y e x p li c i t c o m p l i a n c e i s n o t f e a s i b l e o r t h e p r o p o s e d b l ock la y o u t i s e q u a l t o o r s u p e r i o r t o t h e b l o c k f a c e r e qu i r e m e n t s o f t h i s s e c t i o n . d. A n i n e t y d e g r e e ( 9 0 ° ) t u r n i n a r o a d w a y m a y c o n s ti t u t e a b r e a k i n t h e b l o c k f a c e , h o w e v e r , o v e r a l l pe d e s t r i a n a n d v e h i c u l a r co n n e c t i v i t y w i l l b e c o n s i d e r e d w h e n e v a l u a t i n g t h e a p p r o p r i a t e n e s s o f b l o c k l e n g t h s g r e a t e r t h a n s e v e n h u n d r e d f i f t y f e e t ( 7 5 0 ' ) i n l e n g t h . Where an a p p l i c a n t p r o p o s e s a n i n e t y d e g r e e ( 9 0 ° ) t u r n t o b r e a k u p a b l o c k f a c e , a d d i t i o n a l p e d e s t r i a n a n d / o r r o a d w a y c o n n e c t i o n s m a y b e r e q u i r e d . 4. M a x i m u m B l o c k F a c e : I n n o c a s e s h a l l a b l o c k f a c e e x c e e d o n e t h o u s a n d t w o h u n d r e d f e e t ( 1 , 2 0 0 ' ) . 5. M e a s u r i n g B l o c k F a c e : B l o c k f a c e s h a l l b e m e a s u r ed f r o m t h e n e a r e d g e o f r i g h t o f w a y t o n e a r e d g e of r i g h t o f w a y o f s t r e e t s a n d / o r a l l e y s a s ap p r o p r i a t e . ( O r d . 1 3 - 1 5 5 5 , 5 - 1 4 - 2 0 1 3 ) Bl o c k L e n g t h S u m m a r y • Re a s o n s r e v i s e d b l o c k l a y o u t s h o u l d b e p e r m i t t e d – Ci t y c o d e a l l o w s f o r b l o c k l e n g t h u p t o 1 2 0 0 ’ w i t h h i l l s i d e a nd ir r i g a t i o n d i t c h c o n s t r a i n t s . ( 1 1 - 6 C - 3 F - b ) – Ou r m a x i m u m b l o c k l e n g t h IN C L U D I N G th e n e i g h b o r i n g p r o p e r t y , do e s n o t e x c e e d t h e m a x i m u m a l l o w e d b l o c k l e n g t h – Th e 9 0 d e g r e e i n t e r s e c t i o n a n d s t o p s i g n s h o u l d c o u n t a s a new bl o c k a s i t w i l l c o m p l e t e l y s t o p t r a f f i c a n d m a k e t h e a r e a more pe d e s t r i a n f r i e n d l y . ( 1 1 - 6 C - 3 F - d ) – An y a t t e m p t t o c u l - d e - s a c t h e s t r e e t w i l l h i n d e r c i r c u l a t ion within th e n e i g h b o r h o o d – Re v i s e d d e s i g n c o m p l i e s w i t h c o n d i t i o n 1 . 1 . 2 . b t h a t s t a t e s , “Block 3 sh a l l b e r e c o n f i g u r e d t o c o m p l y w i t h t h e b l o c k l e n g t h s t a n dards li s t e d i n U D C 1 1 - 6 C - 3 F p r i o r t o t h e C o m m i s s i o n h e a r i n g ” Co n d i t i o n C l a r i f i c a t i o n s • 1. 1 . 2 . g – H o w r y d e d i c a t i o n . W e w a n t t o m a k e s u r e w e f ul l y u n d e r s t a n d t h i s co n d i t i o n . W e a g r e e t o d e d i c a t e t h e a p p r o x i m a t e l y .7 a c r e s t o A C H D a n d wi l l a g r e e t o d o t h a t w h e t h e r i t i s u s e d f o r r i g h t - of - w a y o r b u f f e r a r e a f o r th a t r i g h t - o f - w a y . W e w i l l o n l y b e r e s p o n s i b l e f o r d e d i c a t i o n o f t h e p r o p e r t y to A C H D a n d n o i m p r o v e m e n t s o r p r o v i s i o n o f a d d i t i o na l r i g h t - o f - w a y wo u l d b e r e q u i r e d o n H o w r y L a n e . I f t h i s i s t h e i n t en t o f t h e c o n d i t i o n , t h e n no c h a n g e s a r e r e q u e s t e d . • 1. 1 . 3 . b – “ I f t h e d r a i n i s l e f t o p e n a s a w a t e r a m e n it y a s p r o p o s e d , i t s h a l l b e im p r o v e d p e r t h e r e q u i r e m e n t s l i s t e d i n U D C 1 1 - 1 a - 1 f o r w a t e r a m e n i t i e s . Co n s t r u c t i o n d r a w i n g s a n d r e l e v a n t c a l c u l a t i o n s p r e pa r e d b y a q u a l i f i e d li c e n s e d p r o f e s s i o n a l r e g i s t e r e d i n t h e s t a t e o f I d ah o s h a l l b e s u b m i t t e d t o bo t h t h e D i r e c t o r a n d t h e a u t h o r i z e d r e p r e s e n t a t i v e o f t h e w a t e r f a c i l i t y f o r ap p r o v a l . ” As a l l o w e d b y U D C 1 1 - 1 - A - 1 , w e a r e no t pr o p o s i n g t o p i p e t h e d r a i n . I t i s o p e n to t h e e a s t , a n d a s s h o w n o n t h e l a n d s c a p e p l a n , w e a r e p r o p o s i n g t o l e a v e i t op e n a n d e n h a n c e t h e a r e a w i t h l a n d s c a p i n g . P l e a s e ve r i f y t h a t t h e p r o p o s e d pl a n m e e t s t h e i n t e n t o f t h i s c o n d i t i o n . Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: 9J PROJECT NUMBER: H-2016-0054 ITEM TITLE: TM Crossing Public Hearing for TM Crossing (H-2016-0054) by SCS Brighton, LLC Located Northeast Corner of S. Ten Mile Road and 1-84 1. Request: Modification to the Development Agreement to Include a Detailed Site Plan for Phase I and Allowance for up to Three (3) Building Permits to be Issued Prior to Recordation of the Final Plat MEETING NOTES 0 F4 F52 01-111- ffim Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: 1 OA PROJECT NUMBER: ITEM TITLE: Public Works Public Works: Budget Amendment for FY 2016 in the Amount of $22,095.75 for the Installation of the Generator Load Bank Equipment MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS TO: Mayor Tammy de Weerd Members of City Council FROM: Clint Dolsby Assistant City Engineer Mayor Tammy de Weerd City Council Memberss Ty Palmer Keith Bird Joe Borton Luke Cavener Genesis Milam Anne Little Roberts DATE: May 17, 2016 SUBJECT: BUDGET AMENDMENT FOR FY 2016 IN THE AMOUNT OF $22,095.75 FOR THE INSTALLATION OF THE GENERATOR LOADBANK EQUIPMENT I. RECOMMENDED ACTION A. Move to: 1. Approve the Generator Loadbank Installation Budget Amendment for $22,095.75; and 2. Authorize the Mayor to sign the amendment II. DEPARTMENT CONTACT PERSONS Clint Dolsby, Assistant City Engineer 489-0341 Warren Stewart, City Engineer 489-0350 Tom Barry, Director 489-0372 III. DESCRIPTION A. Back rg ound Public Works had a budget enhancement of $80,000 approved in fiscal year 2015 to install permanent generator load banks on the Wastewater Resource Recovery Facility generators. The load banks will meet -national testing requirements while allowing uninterrupted plant operations. Page X of 3 The plant control network and programmable logic controllers (PLCs) are very sensitive to power surges and the monthly transfer of power to emergency supply currently produces unacceptable power surges. In addition, the load bank. installation will eliminate the need for annual testing which has to be contracted out at an estimated value of $8,000. The budget for this project was allocated in fiscal year 2015, but a portion of the budget was not carried forward to fiscal year 2016. Due to this oversight these funds totaling $22,095.75 need to be reinstated to complete this project. B. Proposed Project The generator loadbank equipment that will be utilized to load test the backup generation at the WRRF was prepurchased earlier this fiscal year. This budget amendment will fully fund the installation of the generator loadbank equipment by AME Electric for $32,822. IV. IMPACT A. Strate ig_ c Impact: This request 'aligns with Public Works Strategic Objectives WW -6, Increase efficiencies at the wastewater treatment plant. B. Fiscal Impact: Project Obligations ---------------------------------------------------------------------------------------------- Original Budget - -- -- - $80,000 Expenditures to Date Design Task Order $15,000 ------ ;---------------------------- ---- Equipment Procurement $29.366.25 ---------------------------, ---- - Funding not Carried Forward $22,096.25 Sub Total $66,462.50 Balance Remaining Budget i - - - $13,53'x.50 ------------------------ - ----- ----- Page 2 of 3 Fiscal Year 2016 Project Funding ------------------------ Available Funding - $13,5 37.50 ---------------------------- Projected Expenditures ----------------------------------------------------- ------------------------------ Construction Bid $32,822.00 -------------------------------------------------------,-------,--------------------------------, Contingency$2, 811.25 --------------------------------------------------------------------------------------, -------------------------------------------------------- ------t------------------------------- Deficit -$22,095.75 I------------------ ------------------------------------------------------------------------ Funds to be Reinstated from EFB $22,095.75 Total Budget Amendment is $22,095.75. V. ALTERNATIVES A. Postpone project funding to next year. This would push the installation of the loadbank equipment to FY17. Since the loadbank equipment has been prepurchased and is currently under warranty, this would decrease the run time of the equipment while its under warranty. B. Cancel the balance of this project. But since the loadbanlc equipment has been. purchased this would make the $29,366.25 equipment purchased in fiscal year 2016 unusable. VI. TIME CONSTRAINTS Approval of the budget amendment will allow the project to be constructed this fiscal year, as planned. 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And Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016-049724 BOISE IDAHO Pgs=5 VICTORIA BAILEY 06/08/2016 12:00 PM MERIDIAN CITY NO FEE II I II I IIII II I I II I II II II I II II I II II I I I II I III I II I III 00234068201600497240060061 CITY OF MERIDIAN ORDINANCE NO. ` I �q Ll BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2016-0028 — SAINT IGNATIUS SCHOOL) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND SITUATED IN A PORTION OF GOVERNMENT LOT 1 OF SECTION 30, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO C -C (COMMUNITY BUSINESS) DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Roman Catholic Diocese of Boise. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to C -C (Community Business) District, in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION — SAINT IGNATIUS SCHOOL- H 2016-0028 Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. �rPASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 2016. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of 2016. MAY de WEERD O�pTCD,�t c ATTEST: �$CP �StJ,9 city of w IDAHO JACY JONES, CITY P� a �T Thr TRG100"" ANNEXATION — SAINT IGNATIUS SCHOOL- H 2016-0028 Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this --�4 day of -�" "e , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JACY JONES, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •'$fee • (SEAL) ;� •��'�� ht0 • 0000 NA&LAia NOTARY PUBLIC FOR IDAHO RESIDING AT: CTO MY COMMISSION EXPIRES: ANNEXATION — SAINT IGNATIUS SCHOOL- H 2016-0028 Page 3 of 3 March 3, 2016 Project No. 115210 EXHIBIT A Till: f.AND GRoul" ANNEXATION PARCEL Roman Catholic Diocese of Boise Holy Apostles Catholic Church Page 1 of 1 A parcel of land situated in a portion of Government Lot 1 of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the Northwest Section Corner of said Section 30, marked by a brass cap monument; thence on the west section line of said Section 30, South 00°25'09" West, 769.42 feet, to a point, said point being the POINT OF BEGINNING; Thence leaving said west section line, North 88'20'02" East, 217.97 feet; Thence North 44°08'46" East, 39.13 feet; Thence South 89°52'46" East, 494.67 feet; Thence North 00°29'32" East, 290.00 feet; Thence South 89"52'46" East, 361.45 feet, to a point on the easterly line of aforementioned Government Lot 1; Thence on said easterly line, South 00°29'32" West, 625.02 feet, to the northeasterly corner of Hacienda Subdivision, Book 96, Page 11825, as recorded in official records of Ada County; Thence on the northerly line of said Hacienda Subdivision, North 89°52'46" West, 1100.56 feet, to a point on the aforementioned west section line, from which the West One Quarter Corner of said Section 30 bears South 00'25'09" West, 1S91.61 feet; Thence on said west section line North 00°25'09" East, 300.08 feet, to the POINT OF BEGINNING. The above described parcel of land contains 10.71 acres more or less, subject to all existing easements and rights-of-way of record. A PREPARED BY: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445(fax) Michael S. Femenia OSI Off/ 2016 SI.LV,C't71%�3-Lur i..�:;rlir��r_'teGFury=�„i 5ltt i,'s2r n'I �ipfJC�✓r;f.!/n},�;;4n,ttt�,t211!tir a�lC,�oICCQrY��u; ',,,hop S,. .�}b;J ,1) : F-rlv,, s,v. 00, t pg1 f S,iho Sib.: 1 i. ,.; Od 114 vrvaay.thelandproupltu 4d_nl Saint Ignatius School —AZ H-2016-0028 EXHIBIT B NW COR SEC 30 — — — — HIGHWAY 20-26(CHINDEN BLVD) N 1/4 CDR SEC 30 S.24 S.19 N89°5V45'W 2420.86' S25/ S.30 — — — — _ — 1318.94' 1 i � I r I� i I _ _ S89`52'46"E 361A5' �NI Iw O' Ce � � 889°52'46'E 494.67' S' N44'08'46'E 39.13' o PARCEL B 7N86'20'02`E 217.97' 10.71 Acres± a 0 z POINT OF BEGINNING 1 i2 — N891524M 1100.56' _ 03/ 03/ 2016 j � HACIENDA SUBDIVISION j ��— W 1/4 COR SEC 30 o ric tai Parcel 1B, Annexation Saint Ignatius School —AZ H-2016-0028 Meridian City Council Meeting DATE: June 7, 2016 ITEM NUMBER: 11 B PROJECT NUMBER: ITEM TITLE: Ordinance No. B. First Reading of Ordinance No. S An Ordinance Of The City Council Of The City Of Meridian, Approving The Urban Renewal Plan For The Ten Mile Road Urban Renewal Project, Which Plan Includes Revenue Allocation Financing Provisions; Authorizing The City Clerk To Transmit A Copy Of This Ordinance And Other Required Information To The County And State Officials; And Providing An Effective Date. (Second Reading and Noticed Hearing on June 14, 2016, Third Reading and Possible Adoption on June 21, 2016) MEETING NOTES ni Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. Ko — l Go9 fS BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPROVING THE URBAN RENEWAL PLAN FOR THE TEN MILE ROAD URBAN RENEWAL PROJECT, WHICH PLAN INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO THE COUNTY, ,AFFECTED TAXING ENTITIES, AND STATE OFFICIALS; APPROVING THE SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian Development Corporation ("MDC" or "Agency") is an independent public body, corporate and politic, an urban renewal agency created by and existing under the authority of and pursuant to the Idaho Urban Renewal Law of 1965, being Idaho Code, Title 50, Chapter 20, as amended and supplemented ("Law") and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act"); WHEREAS, on December 2, 2002, the Meridian City Council adopted Ordinance No, 02- 987 approving an urban renewal Revitalization Plan; WHEREAS, based on inquiries and information presented, it has become apparent that additional property within the City may be deteriorating or deteriorated and should be examined as to whether such an area is eligible for urban renewal planning purposes; WHEREAS, the City and MDC commenced certain discussions concerning examination of the additional area as appropriate for an urban renewal project; WHEREAS, during 2015, the City and MDC authorized the commencement of an eligibility study and preparation of an eligibility report of an area located between I-84 and the West Franklin Road east of Ten Mile Road; WHEREAS, MDC has obtained an eligibility report (the "Report"), which examined an area in Meridian, Idaho, in an area known as the Ten Mile Area for the purpose of determining whether such area was a deteriorating area and deteriorated area as defined by Idaho Cade Sections 50-2018(9) and 502903(8); WHEREAS, the Report dated November 2015, found the existence of one or more of the statutory criteria for the area to be considered eligible for urban renewal activities; WHEREAS, MAC recommended the Report to the Meridian City Council by way of MDC Resolution 15-061 on November 18, 2015; WHEREAS, the City accepted the Report by way of Resolution 16-1119 on February 9, 2016; ORDNANCE APPROVING URBAN RENEWAL PLAN FOR THE TEN MILE ROAD URBAN RENEWAL PROJECT PAGE 1 OF 11 WHEREAS, the Mayor and City Council considered the steps set forth by the Act and Law, accepting the Report finding the, areas set forth in the Report to be "deteriorated" or "deteriorating" areas as defined by Idaho Code sections 50-2018 and 50-2903 declaring the areas as an urban renewal area, making additional findings regarding the characteristics of the areas, making the necessary findings as required by Idaho Code section 50-2008(a) and authorizing MDC to prepare an Urban Renewal Plan; WHEREAS, MDC worked with Phil Kushlan with Kushlan Associates to gather the necessary information and prepare the proposed Ten Mile Road Urban Renewal Plan (the "Plan") which contains the necessary components and analysis required under Idaho Code Title 50, Chapter 20 and 29 and such proposed Plan also contains provisions of revenue allocation financing as allowed by the Act; WHEREAS, MDC, by way of MDC Resolution 16-018, approved and adopted the Plan and recommended that the City approve the Plan; WHEREAS, MDC, by way of MDC Resolution 16-019 approved modifications to the Plan to include a section of the Kennedy Lateral and corresponding costs in the maps and charts of the Plan; WHEREAS, MDC, the Mayor and the City Clerk have worked in good faith to take the necessary action to process the Plan; WHEREAS, at a meeting held on May 19, 2016, the Meridian Planning and Zoning Commission considered the Plan and found by P& Z Resolution No 16-1141 that the Pian is in all respects in conformity with the City of Meridian Comprehensive Plan; a copy of this Finding is attached hereto as Exhibit 1; WHEREAS, the notice of public hearing of the Plan was caused to be published by the Meridian City Clerk in The Valley Times on May 16 and 23, 2016, a copy of said notice is attached hereto as Exhibit 2; WHEREAS, as of May 12, 2016, the Plan was submitted to the affected taxing entities, available to the public, and under consideration by the City Council; WHEREAS, the City Council during its regular workshop meeting of June 14, 2016, held such public hearing; WHEREAS, as required by Idaho Code sections 50-2905 and 50-2906, the Plan contains the following information which was made available to the general public and all taxing districts at least thirty (30) days prior to the public hearing on June 14, 2016, the regular workshop meeting of the City Council: ( 1) a statement describing the total assessed valuation of the base assessment roll of the revenue allocation area and the total assessed valuation of all taxable property within the municipality; (2) the kind, number, and location of all proposed public works or improvements within the revenue allocation area; (3) an economic feasibility study; (4) a detailed list of estimated project costs; (5) a fiscal impact statement showing the impact of the revenue allocation area, both ORDNANCE APPROVING URBAN RENEWAL PLAN FOR THE TEN MILE ROAD URBAN RENEWAL PROJECT PAGE 2 OF 1 1 until and after the bonds, notes and/or other obligations are repaid, upon all taxing districts levying taxes upon property in the revenue allocation area; (6) a description of the methods of financing all estimated project costs and the time when related costs or monetary obligations are to be incurred ; (7) a termination date for the plan and the revenue allocation area as provided for in section 50- 2903(20), Idaho Code. In determining the termination date, the plan shall recognize that the agency shall receive allocation of revenues in the calendar year following the last year of the revenue allocation provision described in the urban renewal plan; and (8) a description of the disposition or retention of any assets of the agency upon the termination date. Provided however, nothing herein shall prevent the agency from retaining assets or revenues generated from such assets as long as the agency shall have resources other than revenue allocation funds to operate and manage such assets; WHEREAS, the PIan authorizes certain projects to be financed by revenue allocation bonds, or loans and proceeds from revenue allocation; WHEREAS, pursuant to Chapter 14, Title 40, Idaho Code, the Ada County Highway District ("ACHD") is granted certain authority and jurisdiction over public rights of way within the Project Area, as that term is defined in the Plan; WHEREAS, it is necessary and in the best interest of the citizens of the City, to adopt the Plan, including revenue allocation financing provisions because revenue allocation will help finance urban renewal projects to be completed in accordance with the Plan (as now or hereafter amended), in order to: encourage private development in the urban renewal area; prevent and arrest decay of the City due to the inability of existing financing methods to provide needed public improvements ; encourage taxing districts to cooperate in the allocation of future tax revenues arising in the urban renewal area in order to facilitate the long-term growth of their common tax base; encourage private investment within the City; and to further the public purposes of the Agency; WHEREAS, the City Council finds that the equalized assessed valuation of the taxable property in the Project Area is likely to increase, and continue to increase, as a result of initiation and continuation of urban renewal projects in accordance with the Plan; WHEREAS, under the Law and Act any such plan should provide for (1) a feasible method for the location of families who will be displaced from the urban renewal area in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families; (2) the urban renewal plan should conform to the general plan of the municipality as a whole; (3) the urban renewal plan should give due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of the children residing in the general vicinity of the site covered by the plan; and (4) the urban renewal plan should afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; WHEREAS, if the urban renewal area consists of an area of open land to be acquired by the urban renewal agency, such area shall not be so acquired unless (1) if it is to be developed for residential uses, the local governing body shall determine that a shortage of housing of sound standards and design which is decent, safe, and sanitary exists in the municipality; that the need for housing accommodations has been or will be increased as a result of the clearance of slums ORDINANCE APPROVING URBAN RENEWAL PLAN FOR THE TEN MILE ROAD URBAN RENEWAL PROJECT PAGE 3 OF I 1 in other areas; that the conditions of blight in the area and the shortage of decent, safe, and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality; or (2) if it is to be developed for nonresidential uses, the local governing body shall determine that such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the corm-nunity in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental action, as provided in the Law, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area; WHEREAS, under the Act a deteriorated area includes any area which is predominantly open and which, because of obsolete platting, diversity of ownership, deterioration of structures or improvements, or otherwise, results in economic underdevelopment of the area, or substantially impairs or arrests the sound growth of a municipality; WHEREAS, under the Law and the Act, specifically sections 50-2018(9) and 50- 2903(8)(f), a deteriorating area may not include an agricultural operation as defined in Idaho Code section. 22-4502(1) absent the consent of the owner of the agricultural operation except for an agricultural operation that has not been used for three (3) consecutive years; WHEREAS, the Agency has received written consent concerning certain properties within the urban renewal area, which may have been deemed an agricultural operation as stated above; WHEREAS, the overall base assessment rolls for the various revenue allocation areas cannot exceed ten percent (10%) of the Base Assessment Value of the City of Meridian; WHEREAS, the City at its regular meeting workshop meeting held on June 14, 2016, considered the Plan as proposed and made certain comprehensive findings. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1: It is hereby found and determined that: (a) The Project Area as defined in the Plan is a deteriorated or a deteriorating area as defined in the Law and the Act and qualifies as an eligible urban renewal area under the Law and Act. (b) The rehabilitation, conservation, and redevelopment of the urban renewal area pursuant to the Plan are necessary in the interests of public health, safety, and welfare of the residents of the City. ORDINANCE APPROVING URBAN RENEWAL, PLAN FOR THE TEN MILE ROAD URBAN RENEWAL PROJECT PAGE 4 OF I I (c) There continues to be a need for the Agency to function in the City. (d) The Plan conforms to the City of Meridian Comprehensive Plan as a whole. (e) The Plan gives due consideration to the provision of adequate park and recreation areas and facilities that may be desirable for neighborhood improvement (recognizing the mixed use components of the Plan and the need for overall public improvements), and shows consideration for the health, safety, and welfare of any children, residents or businesses in the general vicinity of the urban renewal area covered by the Plan. (f) The Plan affords maximum opportunity consistent with the sound needs of the City as a whole for the rehabilitation and redevelopment of the urban renewal area by private enterprises. (g) The Plan provides a feasible method for relocation of any displaced families residing within the Project Area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families. (h) The collective base assessment roll for the revenue allocation areas under the various revenue allocation areas does not exceed ten percent (10%) of the assessed value of the City. (i) The Plan includes the requirements set forth in Idaho Code § 50-2905. (j) The Plan is sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes (if any) land uses, maximum densities, building requirements, and any method or methods of financing such plan, which methods may include revenue allocation financing provisions. (k) The urban renewal area, which includes the deteriorating area, as defined in Idaho Code section 50-2018(9), does not include any agricultural operation for which the Agency has not received a written consent, or has not been used for agricultural purposes for three (3) consecutive years. SECTION 2: The City Council finds that the Project Area consists of predominantly open land, that the Agency does not intend to acquire any open land on any widespread basis, and that the Project Area is planned to be redeveloped in a manner that will include nonresidential uses. Provided, however, the City Council finds that for the portions of the Project Area deemed to be "open land," the criteria set forth in the Law and Act have been met. SECTION 3: The City Council finds that the Plan meets the sound needs of the City and will provide opportunities in an area that does not now contain such opportunities, and residential and nonresidential uses under the Plan are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local ORDINANCE APPROVING URBAN RENEWAL PLAN FOR THE TEN MILE ROAD URBAN RENEWAL PROJECT PAGE 5 OF I 1 community objectives because of defective or unusual conditions of title, diversity of ownership, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for correlation of the area with other areas of the City by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area. SECTION 4: The Plan, a copy of which is attached hereto and marked as Exhibit 3 and made a part hereof by attachment, be, and the same hereby is, approved. As directed by the City Council, the City Clerk and/or the Agency may make certain technical corrections or revisions in keeping with the information and testimony presented at the June 14, 2016 hearing and incorporate changes or modifications, if any. SECTION 5: The City Council declares that nothing within the Plan is intended or shall be interpreted to usurp the jurisdiction and authority of ACHD as defined in chapter 14, Title 40, Idaho Code. Further, pursuant to Section 40-1415, Idaho Code, ACHD has authority over the planning, location, design, construction, reconstruction, and maintenance of the City rights of way and accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads, and retaining walls. In the planning process, ACHD shall take into consideration the principles contained in the Plan. SECTION 6: No direct or collateral action challenging the Plan shall be brought prior to the effective date of this Ordinance or after the elapse of thirty (30) days from and after the effective date of this Ordinance adopting the Plan. SECTION 7: Upon the effective date of this Ordinance, the City CIerk is authorized and directed to transmit to the Ada County Assessor, Joint School District No 2, Ada County EMS, Meridian Cemetery District, Ada County Highway District, College of Western Idaho, Meridian Library District, Ada County Weed, Pest and Mosquito Abatement District, the Western Ada Recreation District, the Meridian Rural Fire District, and the State Tax Commission a copy of this Ordinance, a copy of the legal description of the boundaries of the Revenue Allocation Area, and a map or plat indicating the boundaries of the Project Area. SECTION 8: The City Council hereby finds and declares that the Revenue Allocation Area as defined in the Plan, the equalized assessed valuation of which the City Council hereby determines is in and is part of the Plan. is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the Plan. SECTION 9: The City Council hereby approves and adopts the following statement policy relating to the appointment of City Council members as members of the Agency's Board of Commissioners: If any City Council members are appointed to the Board, they are not acting in an ex officio capacity but, rather, as private citizens who, although they are also members of the City Council, are exercising their independent judgment as private citizens when they sit on the Board. Except for the powers to appoint and terminate Board members and to adopt the Plan, the City Council recognizes that it has no power to control the powers or operations of the Agency. SECTION 10: So long as any Agency bonds, notes or other obligations are outstanding, the City Council will not exercise its power under Idaho Code section 50-2006 to designate itself as the Agency Board. ORDINANCE APPROVING URBAN RENEWAL PLAN FOR THE TEN MILE ROAD URBAN RENEWAL PROJECT PAGE 6 OF I I SECTION 11: This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1, 2016, to the extent permitted by the Act. SECTION 12: The provisions of this Ordinance are severable, and if any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid for any reason, such determination shall not affect the validity of remaining portions of this Ordinance. SECTION 13: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit 4, is hereby approved. SECTION 14: All ordinances, resolutions, orders, or parts thereof in conflict herewith are hereby repealed, rescinded, and annulled. SECTION 15: This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. PASSED by the City Council of the City of Meridian, Idaho, this 21st day of June, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this 21 st day of June, 2016. APPROVED: Tammy de Weerd, Mayor ATTEST: Jacy Jones, City Clerk ORDINANCE APPROVING URBAN RENEWAL PLAN FOR THE TEN MILE ROAD URBAN RENEWAL PROJECT PAGE 7 OF 1 l CITY OF MERIDIAN BY THE PLANNING AND ZONING COMMISSION EXHIBIT 1 Resolution No—[J � ` 1 FITZGERALD, McCARVEL, OLIVER, WILSON, YEARSLEY A RESOLUTION OF THE CITY OF MERIDIAN PLANNING AND ZONING COMMISSION RELATING TO THE URBAN RENEWAL PLAN FOR THE TEN MILE ROAD URBAN RENEWAL PROTECT OF THE MERIDIAN DEVELOPMENT CORPORATION; FINDING THAT THE URBAN RENEWAL PLAN IS IN CONFORMANCE WITH THE CITY OF MERIDIAN COMPREHENSIVE PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian Development Corporation, the duly constituted and authorized urban renewal agency for the City of Meridian, Idaho (hereinafter, "Agency") has submitted a proposed urban renewal plan entitled "Urban Renewal Plan for the Ten Mile Road Urban Renewal Project" (the "Plan") to the City of Meridian; and, WHEREAS, the City Council has referred the Plan to the Meridian Planning and Zoning Commission for review and recommendation concerning the conformity of said Plan with the City of Meridian Comprehensive Plan; and, WHEREAS, the Meridian Planning and Zoning Commission met on May 19, 2016 to consider the Plan and determine its conformity to the Comprehensive Plan; and, NOW THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN, IDAHO. Section 1. That the Urban Renewal Plan submitted by the Meridian Development Corporation and referred to this Commission by the City Council for review, is in all respects in conformity with the Comprehensive Plan. Section 2. That City Staff is hereby authorized and directed to provide the Meridian City Council with a signed copy of this Resolution relating to the Plan. Section 3. That this Resolution shall be in full force and effect upon its adoption and approval. ADOPTED AND APPROVED by the Planning and Zoning Commission of Meridian, Idaho this 19th day of May, 2016. Planning and Zoning Commission ZoQ7a�U�� ATTEST: <a l sr R/�, City of C U E IDIS IANC Steven Yearsley, Chai SEAL r� ff*°�fle TIIiv5�F�4 F ORDINANCE APPROVING URBAN RENEWAL PLAN FOR THE TEN MILE ROAD URBAN RENEWAL PROJECT PAGE 8 OF 1 l EXHIBIT 2, Page 1 NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY MERIDIAN TO CONSIDER THE URBAN RENEWAL PLAN FOR THE TEN MILE ROAD URBAN RENEWAL PROJECT OF THE MERIDIAN DEVELOPMENT CORPORATION NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold during its regular workshop meeting, a public hearing in City Council Chambers at Meridian City Hall, 33 E. Broadway Avenue, Meridian, Idaho, on June 14, 2016, at 3:00 p.m., pursuant to Idaho Code Section 50-2008(c) to consider for adoption the proposed Urban Renewal Plan for the Ten Mile Road Urban Renewal Project ("Plan") of the Meridian Development Corporation ("Agency"). The Plan being considered for adoption contains a revenue allocation financing provision pursuant to the Local Economic Development Act, chapter 29, title 50, Idaho Code, as amended, that will cause property taxes resulting from any increase in equalized assessed valuation in excess of the equalized assessed valuation as shown on the base assessment roll as of January 1, 2016, to be allocated to the Agency for urban renewal purposes. The Agency has adopted and recommended approval of the Plan. The proposed public works or improvements in the Plan Area include but are not limited to full roadway improvements, sidewalks and pedestrian ways, drainage improvements, public and private utilities such as sewer and water, irrigation facility improvements, right-of-way acquisition, remediation of environmental issues, enhancement of open areas and public recreation facilities, and such other elements required for the project and authorized by Idaho Code Section 50-2007 and 50-2901(13). Any such land uses as described in the Plan will be in conformance with zoning for the City of Meridian and the Meridian Comprehensive Plan, as adopted by the City Council. On May 19, 2016 at its regularly scheduled meeting, the Meridian Planning and Zoning Commission will review the Plan for conformance with the approved Comprehensive Plan as required in Idaho Code Section 50-2008. The boundaries of the Urban Renewal Project Area and Revenue Allocation Area consist of approximately 301.45 acres of real property in Meridian City Limits, bounded on the south by I-84, on the west by Ten Mile Road, on the north by Franklin road as more particularly described in Attachment 2 to the Plan and generally depicted in the map below. ORDINANCE APPROVING URBAN RENEWAL PLAN FOR THE TEN MILE ROAD URBAN RENEWAL. PROJECT PAGE 9 OF 11 EXHIBIT 2, Page 2 Franklin wood w .. 1 "G,eenhead K'unra Piriw Bayeux; 00k tq Gander Waltman Brown -a CL a) Trout Eider Y a verbena J Ja, Pe_ Interstate 84�w — Legend Nova ! `y`�Ten 1.445pCtd�AwPiro 4lasa Silver Terrace Dutch �. s Farm ��y Thom Overland c co Copies of the proposed Plan are on file for public inspection and copying at the office of the City Clerk at 33 E. Broadway Avenue, Meridian, Idaho between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, exclusive of holidays. The Plan can also be accessed online at weblii*.meridiancity.org/weblinkg/O/doc/I 14788/Pagel.aspx The public hearing will be held in an accessible facility. Individuals desiring accommodation for disabilities related to documents and/or hearing may contact the office of the City Clerk at 208-888-4433 at least 48 hours prior to the public hearing. At the hearing date, time, and place noted in the first paragrahp above, all persons interested in the above matters may appear before the City Council and be heard. Written comments will also be accepted. Comments should be directed to the Meridian City Clerk. Written comments should be submitted prior to the hearing date. The date set for the final reading of the Ordinance regarding adoption of the Plan will be at the regular meeting of the Meridian City Council on the week following the above -noticed public hearing. DATED this 12th day of May, 2016. lacy Jones, City Clerk 2 publication dates: May 16, 2016, May 23, 2016 ORDINANCE APPROVING URBAN RENEWAL PLAN FOR THE TEN MILE ROAD URBAN RENEWAL PROJECT PAGE 10 OF 11 EXHIBIT 3 THE TEN MILE ROAD URBAN RENEWAL PLAN ADOPTED BY MDC RESOLUTION 16-018 MODIFIED BY MDC RESOLUTION 16-019 ORDINANCE APPROVING URBAN RENEWAL PLAN FOR THE TEN MILE ROAD URBAN RENEWAL PROJECT PAGE 1 1 OF 11 MERIDIAN DEVELOPMENT CORPORATION THE URBAN RENEWAL AGENCY OF THE CITY OF MERIDIAN RESOLUTION NO. 16-018 BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO, A/K/A THE MERIDIAN DEVELOPMENT CORPORATION: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO, ADOPTING AND APPROVING THE PROPOSED URBAN RENEWAL PLAN FOR THE TEN MILE ROAD URBAN RENEWAL PROJECT (PLAN) AND RECOMMENDING THAT THE CITY OF MERIDIAN APPROVE SAID PLAN; AUTHORIZING THE CHAIRMAN OR ADMINISTRATOR TO TRANSMIT THE PLAN AND THIS RESOLUTION TO THE CITY COUNCIL OF THE CITY OF MERIDIAN REQUESTING ITS APPROVAL OF THE PROPOSED PLAN; AND PROVIDING AN EFFECTIVE DATE_ THIS RESOLUTION, made on the date hereinafter set forth by the Urban Renewal MDC of the City of Meridian, Idaho, an independent public body corporate and politic, authorized under the authority of the Idaho Urban Renewal Law of 1965, as amended, Chapter 20, Title 50, Idaho Code, a duly created and functioning urban renewal MDG of the City of Meridian, Idaho, hereinafter referred to as the "MDC." WHEREAS, the MDC, an independent public body, corporate and politic, is an urban renewal MDC created by and existing under the authority of and pursuant to the 'Idaho Urban Renewal Law of 1965, being Idaho Code title 50, chapter 20, as amended and supplemented, and the Local Economic Development Act of 1988, being Idaho Code, Title 50, Chapter 29; as amended and supplemented (collectively the "Act"); WHEREAS, the MDC was established by Resolution No. 01-367 of the City Council of the City of Meridian, Idaho (hereinafter the "City Council"), adopted July 24, 2001; WHEREAS, the City Council of the City of Meridian, Idaho (the "City"), on October 8, 2002, after notice duly published, conducted a public hearing on the Meridian Revitalization Plan (the "Revitalization Plan"); WHEREAS, following said public hearing the City adopted its Ordinance No. 02- 987 on December 3, 2002, approving the Revitalization Plan and making certain findings; RESOLUTION NO. 16-418 (Ten Mile Urban Renewal Plan) - 1 WHEREAS, based on inquiries and information presented, it has become apparent that additional property within the City may be deteriorating or deteriorated and should be examined as to whether such an area is eligible for urban renewal planning purposes; WHEREAS, the City and MDC commenced certain discussions concerning examination of the additional area as appropriate for an urban renewal project; WHEREAS, during 2015, the City and MDC authorized the commencement of an eligibility study and preparation of an eligibility report of an area located between 1-84 and the West Franklin Road east of Ten Mile Road; WHEREAS, both MDC and the City approved the findings in the eligibility report dated November 2015 which noted that the proposed area met the criteria for the establishment of an Urban Renewal District with a revenue financing provision; WHEREAS, based upon the eligibility report MDC worked with Phil Kushlan with Kushlan Associates to gather the necessary information and prepare the proposed Ten Mile Urban Renewal Plan which contains the necessary components and analysis required under Idaho Code Title 50, Chapter 20 and 29; WHEREAS, the proposed Plan is attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL MDC OF MERFIDIAN, IDAHO, AS FOLLOWS: Section 1. That the above statements are true and correct. Section 2. That the Board approves and adapts the proposed Plan and recommends that the City approve the Plan. Section 3. That the Chair of the Board of Commissioners or Administrator is hereby authorized to transmit the Plan to the Meridian City Council requesting that the Council consider and approve the proposed Plan which includes a revenue allocation financing provision. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. RESOLUTION NO. 16--018 (Tern Mile Urban Renewal Plan) - 2 PASSED AND ADOPTED by the Urban Renewal Agency of the City of Meridian, Idaho, a/k/a, the Meridian Development Corporation, on April 27th, 2016. Signed by the Chairman of the Board of Commissioners, and attested by the Secretary to the Board of Commissioners, on this 27th day of April, 2016. APPROVED: By Jim Esco ar,-`Chairman ATTEST: By GT/ Dave Winder, Secretary RESOLUTION NO. 16-018 (`len Mile Urban Renewal Plan) - 3 Exhibit A URBAN RENEWAL PIAN FOR THE TEN MILE ROAD URBAN RENEWAL PROJECT RESOLUTION NO. 16-018 (Ten Mile Urban Renewal Plan) - 4 MERIDIAN DEVELOPMENT CORPORATION THE URBAN RENEWAL AGENCY OF THE CITY OF MERIDIAN RESOLUTION NO. 16-019 BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO, AIKIA THE MERIDIAN DEVELOPMENT CORPORATION: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO, ADOPTING AND APPROVING THE PROPOSED MODIFICATIONS TO ITS PREVIOUSLY APPROVED URBAN RENEWAL PLAN FOR THE TEN MILE ROAD URBAN RENEWAL PROJECT (PLAN) AND RECOMMENDING THAT THE CITY OF MERIDIAN APPROVE SAID PLAN INCLUDING THE ATTACHED MODIFICATIONS; AUTHORIZING THE CHAIRMAN OR ADMINISTRATOR TO TRANSMIT THE PLAN MODIFCIATIONS AND THIS RESOLUTION TO THE CITY COUNCIL OF THE CITY OF MERIDIAN REQUESTING ITS APPROVAL OF THE PROPOSED PLAN MODIFICATIONS; AND PROVIDING AN EFFECTIVE DATE, THIS RESOLUTION, made on the date hereinafter set forth by the Urban Renewal MDC of the City of Meridian, Idaho, an independent public body corporate and politic, authorized ander the authority of the Idaho Urban Renewal Law of 1966, as amended, Chapter 20, Title 50, Idaho Code, a duly created and functioning urban renewal MDC of the City of Meridian, Idaho, hereinafter referred to as the "MDC." WHEREAS, the MDC, an independent public body, corporate and politic, is an urban renewal MDC created by and existing under the authority of and pursuant to the 'Idaho Urban Renewal Law of 1965, being Idaho Code title 50, chapter 20, as amended and supplemented, and the Local Economic Development Act of 1988, being Idaho Code, Title 50, Chapter 29; as amended and supplemented (collectively the "Act")-, WHEREAS, the MDC was established by Resolution No. 01-367 of the City Council of the City of Meridian, Idaho (hereinafter the "City Council"), adopted July 24, 200'1; WHEREAS, the City Council of the City of Meridian, Idaho (the "City"), on October 8, 2002, after notice duly published, conducted a public hearing on the Meridian Revitalization Plan (the "Revitalization Plan"); WHEREAS, following said public hearing the City adopted its Ordinance No, 02- 987 on December 3, 2002, approving the Revitalization Plan and making certain RESOLUTION NO. 16-019 (Modifications to Ten Mile Urban Renewal Plan) - 1 findings; WHEREAS, MDC approved the proposed Plan at its meeting on April 27, 2016 and after that meeting one of the property owners that would be included in the proposed Ten Mile Urban Renewal District inquired about whether improvements to the Kennedy Lateral needed to be included in the specifically listed improvements attached to the proposed Pian: WHEREAS, the MDC acknowledges that the current version of the Plan approved on April 27, 2016 already includes references to irrigation and drainage facilities and other public infrastructure and improvements as being part of what may be funded by MDG; WHEREAS, MDC feels that although the current proposed plan covers the potential for reimbursement of irrigation and drainage facility improvements by MDC the Board desires to include a section of the Kennedy Lateral and corresponding costs in the maps and charts attached to the proposed plan; WHEREAS, MDC desires that the City include the attached modifications as part of the Ten Mile Urban Renewal Plan that it is considering for approval; WHEREAS, the proposed modifications to the Plan are attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL MDC OF MERFIDIAN, IDAHO, AS FOLLOWS: Section 1. That the above statements are true and correct. Section 2. That the Board approves and adopts the proposed modifications to the Plan and recommends that the City approve the Plan with said modifications. Section 3. That the Chair of the Board of Commissioners or Administrator is hereby authorized to transmit the modifications to the Plan to the Meridian City Council requesting that the Council consider and approve the proposed Plan modifications. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. RESOLUTION NO. 16-019 (Modifications to Ten IvEle Urban Renewal Plan) - 2 PASSED AND ADOPTED by the Urban Renewal Agency of the City of Meridian, Idaho, a/k/a, the Meridian Development Corporation, on May 10th, 2016. Signed by the Chairman of the Board of Commissioners, and attested by the Secretary to the Board of Commissioners, on this 10th day of May, 2016. APPROVED: By . 0 ) Jim Esco ar, Chairman ATTEST: i By Da inder, Secretary RESOLUTION NO. 16-019 (Modifications to Ten Mile Urban Renewal Plan) - 3 Exhibit A MODIFICATIONS TO URBAN RENEWAL PLAN FOR THE TEN MILE ROAD URBAN RENEWAL PROJECT RESOLUTION NO. 16-019 (Modifications to Ten Mile Urban Renewal Plan) - 4 Developer Projects: Ten Mile A Urban Renewal District Secure Funding (TIF �c City of Meridian Loan) Potenti al Funding Segment 1 $462,308 $690,685 $1,160,586 $1,967,642 $1,094,947 $1,645,222 $4,284,734 $3,442,813 $2,223,384 $959,575 $905,984 $3,000,000 $251,570 $1,100,000 $223,850 $23,413,300 Segment 2 Segment 3 Segment 4 Segment 5 Segment 6 Segment 7 Segment 8 Segment 9 Segment 10 Segment 11 Segment 12 Kennedy Lateral Segment 13 (Street Lights on Ten Mile & Franklin ad) Segment 14 (Traffic Signals at 4 intersections) Segment 15 (Ten Mile and Franklin Street Frontage Improvements) Total Project Costs (un -inflated dollars) Cost of Operations and Improvements by Year {201.7-20371 Year Secure Funding (TIF �c City of Meridian Loan) Potenti al Funding District Operating Expenses i1PA Debt Service City Loan Debt Service Add'] Principal Payment Total Project Liabilities 2017 $50,000 $0 $25,000 $0 $0 $0 $25,000 2018 $3,535 $0 $25,000 $0 $0 $0 $25,000 2019 $358,006 $0 $35,901 $287,205 $11,000 $0 $334,105 2020 $429,474 $0 $42,947 $343,579 $11,000 $0 $397,527 2021 $685,569 $0 $50,000 $548,455 $1.1,000 $0 $609,455 2022 $764,912 $0 $50,000 $611,930 $11,000 $0 $672,930 2023 $1,037,504 $0 $50,000 $830,003 $11,000 $0 $891,003 2024 $1,061,572 $0 $50,000 $849,258 $0 $0 $899,258 2025 $1,924,457 $0 $50,000 $1,539,566 $0 $500,000 $2,089,566 2026 $1,690,202 $0 $50,000 $1,352,162 $0 $500,000 $1,902,162 2027 $1,967,722 $0 $50,000 $1.,574,1.78 $0 $100,000 $1,724,178 2028 $2,797,673 $0 $50,000 $2,234,138 $0 $900,000 $3,184,138 2029 $2,577,728 $0 $50,000 $2,062,182 $0 1 $250,000 $2,362,182 2030 $2,887,603 $0 $50,000 $2,310,082 $0 $500,000 $2,860,082 2031 $3,592,793 $0 $50,000 $2,874,234 $0 $500,000 $3,424,234 2032 $3,623,529 $0 $50,000 1 $2,898,823 $0 $750,000 $3,698,823 2033 $3,737,660 $0 $50,000 $2,990,128 $0 $1,000,000 $4,040,128 2084 $4,689,017. $0 $50,000 $3,759,049 $0 $0 $3,809,049 2035 $4,526,256 $0 $50,000 $3,621,005 0 $0 $50,000 2036 $4,923,647 1 $0 $50,000 $0 $0 $0 $50,000 2037 $4,807,043 $0 $50,000 $0 $0 $0 $50,000 2038 $0 $0 0f 0 0 $o Total $48,141,969 $0 $978,848 $30,685,977 $55,000 $5,000,000 $36,719,825 - W N m a m a m q .y �. n" h a M M O a0 n o n a to s N r T gn o i ,h -r n- m T Cl ID O o m w m m m 0 O Ol V N m O n N o m Sq rp W' n a :n o En W 4m - Rl .4 u'1 rt �D n v C Ch C� tan n N En n M m O o to C +C In n A n v 7 4k - - ih - Vt - Vk - Vk - i#k {k Vk Vr vs Vf aA Yt ilk Vr �Vk 4A Vr w a N a N N 10 4! m 9k. _ Oo O m o tP g �6 �O ry t N 7 ik o N q U O N Q N W C ti' a a # N G N N O 4 1 qR O O !f ° m lD Q M kn m m H m 4k Ill In it ' ti 1-4 � � ik It # # 4Jr 4Fr, N Vy w 'Ilk Vk i7k An.Yr Vr vk � V!• Vt w w of ��N cti rr En o %DP o g m w n 1D N as 1 n 0 a - N h 4'1 a ul In p7 .-I H v \D n m O a 1m .1 m n m Vl N G1 M �3 4 N C+ p Ol' m O r N Lna 4i mN 4:1 N' m N 4m h cn N Ct V h C) to C V� 0' I N' i1 iti VF w VY Vk Vk 4A- -W V� N Vr w Vr• 4l} fA {k 4A Vt Vt ilk Vk O m m co c y - o It, & a 4k S i4 4k P,;i tri m N N N N m N M C! 4k it 4k it a C 4t # 4t 4k U It 4k 4t y,;_ F"=-+ It 4k 4 Oi m O1 n N ib ak a4 4k ik St 4 v m M M # 4k sn �k It 4k 4k # m m CO c at 4t Sk ik 4k # Vk Vk 1[4 Vk Vk ih 1F Vr V1 _' �- W Vrr ih N ih .:_cn# It It 041: 0 0 o W ak 4k # ik a ik 4k 4k ty c ak ao 4 O O qmq a Gt - t0 ri 7k I ' At 13p O # # # 4k ' 4f 4k N k # h m M w 0% r, V dk ik #k 4t p sn 1p 9k it ik 4F. #'. 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N i; to IL y, n ID ��WifF- a oa' C, LL ONN o A Pjom 0 Vr Ilrquoods a4lyo4ob vp 1�1 IIlquoodS 3 mdopol lot)lil a' a o T It 0 ;- N M It Lo cn r- W M c a� c cu c � c a� c a� c cu c of c a� c cu c m c a� c cu c ar c a� c cli J i �i � E 0) cn E 0) (n E 0) cn E rD cn E 0) cn E 0) () E m (n E 0) (n E CD W E E7 cn E 0) co E rn (n E CD cn E cm cn E m w a' a MDC APPROVED (4/27/2016 MDC Resolution 16-018 and 5/10/2016 MDC Resolution 16-019) URBAN RENEWAL PLAN FOR THE TEN MILE ROAD -A URBAN RENEWAL PROJECT THE URBAN RENEWAL AGENCY FOR THE CITY OF MERIDIAN A/K/A THE MERIDIAN DEVELOPMENT CORPORATION CITY OF MERIDIAN, IDAHO Ordinance No. Adopted Effective TABLE OF CONTENTS Page 100 INTRODUCTION .................................... 101 General Procedures of the Agency......................................................................... 4 102 Provisions Necessary to Meet State and Local Requirements...... .................. ..... 4 102.1 Conformance with the Idaho Urban Renewal Law of 1965, as Amended. 5 103 History and Current Conditions of the Area........................................................... 5 104 Purpose of Activities............................................................................................... 6 105 Open Land Criteria.................................................................................................7 200 DESCRIPTION OF PROJECT AREA............................................................................... 8 300 PROPOSED REDEVELOPMENT ACTIONS.................................................................. 8 301 General....................................................................................................................8 302 Urban Renewal Plan Objectives............................................................................ 9 303 Participation Opportunities and Agreement .............................. .. 11 303.1 Participation Agreements ............................... ................ 303.2 City Fees................................................................................................... 12 304 Cooperation with Public Bodies........................................................................... 13 305 Property Acquisition............................................................................................. 13 305.1 Real Property............................................................................................ 13 305.2 Personal Property...................................................................................... 16 306 Property Management........................................................................................... 16 307 Relocation of Persons (Including Individuals and Families), Business Concerns, and Others Displaced by the Project..................................................................... 16 308 Demolition, Clearance, and Building and Site Preparation .................................. 17 308.1 Demolition and Clearance......................................................................... 17 308.2 Preparation of Building Sites.................................................................... 17 309 Property Disposition and Development.............................................................. 18 309.1 Real Property Disposition and Development...........................................1 18 309.1.1 General..............................................................................18 309.1.2 Disposition and Development Documents ........................ 18 309.1.3 Development by the Agency ............................................. 20 309.1.4 Development Pians........................................................... 21 310 Personal Property Disposition............................................................................... 21 311 Rehabilitation and Conservation........................................................................... 21 312 Participation with Private Development or Public Development ......................... 21 313 Conforming Owners.............................................................................................. 22 314 Arts Funding......................................................................................................... 22 400 USES PERMITTED IN THE PROJECT AREA.............................................................. 22 401 Redevelopment Plan Map and Development Strategy ......................................... 22 402 Designated Land Uses........................................................................................... 23 403 [Reserved]............................................................................................................. 23 404 Public Rights-of-Way........................................................................................... 23 405 Other Public, Semi -Public, Institutional, and Nonprofit Uses .............................. 24 500 •11 406 Interim Uses.......................................................................................................... 24 407 General Controls and Limitations......................................................................... 24 General Description of the Proposed Financing Method ...................................... 407.1 Construction..............................................................................................24 502 Revenue Bond Funds............................................................................................ 407.2 Rehabilitation and Retention of Properties ............................................... 24 Other Loans and Grants........................................................................................ 407.3 Limitation on Type, Size, and Height of Buildings .................................. 25 Revenue Allocation Financing Provisions............................................................ 407.4 Open Spaces, Landscaping, Light, Air, and Privacy ................................ 25 504.1 Economic Feasibility Study...................................................................... 407.5 Signs.......................................................................................................25 504.2 Assumptions and Conditions/Economic Feasibility Statement ................ 407.6 Utilities......................................................................................................25 504.3 Ten Percent Limitation............................................................................. 407.7 Incompatible Uses..................................................................................... 25 504.4 Financial Limitation.................................................................................. 407.8 Nondiscrimination and Nonsegregation................................................... 25 504.5 [Reserved]................................................................................................ 407.9 Subdivision of Parcels............................................................................... 25 504.6 Participation with Local Improvement Districts ....................................... 407.10 Minor Variations....................................................................................... 25 408 Design for Development......................................................•................................ 26 409 Off -Street Loading................................................................................................ 27 410 Off -Street Parking................................................................................................. 27 411 Nonconforming Uses............................................................................................ 27 412 Design Guidelines for Development under a Disposition and Development 508 Ill Agreement or Owner Participation Agreement .................................................... 27 METHODS OF FINANCING THE PROJECT............................................................... 28 501 General Description of the Proposed Financing Method ...................................... 28 502 Revenue Bond Funds............................................................................................ 28 503 Other Loans and Grants........................................................................................ 28 504 Revenue Allocation Financing Provisions............................................................ 29 504.1 Economic Feasibility Study...................................................................... 30 504.2 Assumptions and Conditions/Economic Feasibility Statement ................ 30 504.3 Ten Percent Limitation............................................................................. 31 504.4 Financial Limitation.................................................................................. 32 504.5 [Reserved]................................................................................................ 33 504.6 Participation with Local Improvement Districts ....................................... 33 504.7 Issuance of Debt and Debt Limitation...................................................... 33 504.8 Impact on Other Taxing Districts and Levy Rate ..................................... 33 505 Phasing and Other Fund Sources.......................................................................... 37 506 Lease Revenue, Parking Revenue, and Bonds ................................... 507 Capital Improvement Contribution Policy............................................................ 37 508 Improved Street Design and Construction............................................................ 37 509 Engineers Estimate................................................................................................ 38 510 Time of Payment................................................................................................... 38 511 Sidewalks.............................................................................................................. 39 512 Memorialization of Agreement............................................................................. 39 513 Meanings...............................................................................................................39 514 Retained Authority................................................................................................ 39 515 Developer/Owner Initiated Improvements........................................................... 39 516 Variance................................................................................................................ 40 517 Agency Contribution............................................................................................. 40 ACTIONS BY THE CITY AND THE COUNTY........................................................... 40 Ill 601 Maintenance of Public Improvements.................................................... 700 ENFORCEMENT............................................................................................... 800 DURATION OF THIS PLAN, TERMINATION, AND ASSET REVIEW...... 900 PROCEDURE FOR AMENDMENT................................................................. 1000 SEVERABILITY................................................................................................ 1100 ANNUAL REPORT........................................................................................... 1101 APPENDICES, ATTACHMENTS, EXHIBITS, TABLES ............................... iii Attachments Attachment 1 Map of Urban Renewal Project Area and Revenue Allocation Area Attachment 2 Description of Urban Renewal Project Area and Revenue Allocation Area Attachment 3 Private Properties Which May be Acquired by the Agency (Limited to Public Improvements and Facilities) Attachment 4 Map Depicting Expected Land Use and Current Zoning Map of the Project Area Attachment 5.1 Public Improvements within the Revenue Allocation Area Attachment 5.2 Economic Feasibility Study Attachment 5.3 Estimated Net Taxable Value of Growth and New Private Development and Annual Revenue Allocation in the Ten Road -A Urban Renewal Project Attachment 5.4 Estimated Annual Revenues and Costs in the Ten Mile Road — A Urban Renewal Project Attachment G Ten Mile Urban Renewal District Eligibility Report — September 2015 Attachment 7 Agricultural Consent 1V URBAN RENEWAL PLAN FOR THE TEN MILE ROAD -A URBAN RENEWAL PROJECT THE URBAN RENEWAL AGENCY FOR THE CITY OF MERIDIAN A/KIA THE MERIDIAN DEVELOPMENT CORPORATION CITY OF MERIDIAN, IDAHO 100 INTRODUCTION This is the Urban Renewal Plan (the "Plan") for the Ten Mile Road A Urban Renewal Project (the "Project") in the city of Meridian (the "City"), state of Idaho, and consists of the text contained herein and the following attachments: Map of the Urban Renewal Project Area and Revenue Allocation Area Map (Attachment 1), The Description of the Urban Renewal Project Area Boundaries and Revenue Allocation Area (Attachment 2), Private Properties Which May be Acquired by Agency (Limited to Public Improvements and Facilities) (Attachment 3), Map Depicting Expected Land Uses and Current Zoning within Project Area (Attachment 4), Public Improvements within the Revenue Allocation Area (Attachment 5. 1), Economic Feasibility Study (Attachment 5.2), Net Estimated Taxable Value of Growth and New Private Development and Annual Revenue Allocation in the Ten Mile Road — A Urban Renewal Project (Attachment 5.3), Estimated Annual Revenues and Costs in the Ten Mile Road - A Urban Renewal Project (Attachment 5.4), Agricultural Consent (Attachment 6). The term "Project" is used herein to describe the overall activities defined in this Plan and conforms to the statutory definition of an urban renewal project. Reference is specifically made to Idaho Code Sections 50-2018(10) and 50-2903(13) for the various activities contemplated by the term "Project." Such activities include both private and public development of property within the urban renewal area. The term "Project" is not meant to refer to a specific activity or development scheme. The Ten Mile Road — A Project Area is also referred to as the Project Area. This Plan was prepared by the Board of Commissioners, consultants, and staff of the Urban Renewal Agency for the City of Meridian, also known as the Meridian Development Corporation (the "Agency") and reviewed and recommended by the Agency pursuant to the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law"), the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act"), and all applicable local laws and ordinances. The proposed redevelopment of the Project Area as described in this Plan conforms to The City of Meridian 2013 Comprehensive Plan, as amended (the "Comprehensive Plan"), and adopted by the City Council (the "City Council"). The Project Area is part of the Ten Mile Interchange Specific Area Plan within the Comprehensive Plan. The application of the Comprehensive Plan is contained in the eligibility report included as Attachment 6. Development activities within the Project Area are to conform with the Comprehensive Plan. The Agency may create several planning and implementation documents that generally describe the overall Project and identify certain specific public and private capital improvement projects. Because of the changing nature of the Project, these documents, by necessity, must be dynamic and flexible. The Agency anticipates that these documents will be refined as circumstances warrant. Any refinement, however, shall not be deemed as an amendment or modification of this Plan. No refinement will be deemed effective if it is in conflict with this Plan. The planning and implementation documents are purposely flexible and do not constitute specific portions of the Pian. Provided, however, prior to the adoption of any planning or implementation document or proposed refinement to any planning or implementation document, the Agency shall notify the City and publish a public notice of such proposed refinement at least thirty (30) days prior to the consideration of such proposed refinement, thus providing the City and any other interested person or entity an opportunity to comment on said proposed refinement. The Board of Commissioners of the Agency (the "Board") shall consider any such comments and determine whether to adopt the refinement. The planning and implementation documents apply to redevelopment activity within the Project Area as described herein. In the event of any conflict between this Plan and the appended documents, the provisions of this Plan shall control. The Agency intends to rely heavily on any applicable City design standards which may cover all or part of the Project Area. This Plan provides the Agency with powers, duties, and obligations to implement and filrther the program generally formulated in this Plan for the redevelopment, rehabilitation, and revitalization of the area within the boundaries of the Project Area. The Agency retains all powers allowed by the Law and Act. Because of the long-term nature of this Plan, and the need to retain in the Agency flexibility to respond to market and economic conditions, property owner and developer interests, and opportunities from time to time presented for redevelopment, this Plan does not present a precise plan or establish specific projects for the redevelopment, rehabilitation, and revitalization of any area within the Project Area, nor does this Plan present specific proposals in an attempt to solve or alleviate the concerns and problems of the 2 community relating to the Project Area. Instead, this Plan presents a process and a basic framework within which specific sub -plans will be presented, specific sub -projects will be established, and specific solutions will be proposed, and by which tools are provided to the Agency to fashion, develop, and proceed with such specific sub -plans, sub -projects, and solutions. Sub -plans and sub -projects and narrower more defined plans and projects within the Plan and Project. Implementation of this Plan will require public co -investment to help stimulate desired private development. Typically, the public will fund enhanced public improvements such as utilities, streets, and sidewalks which, in turn, create an attractive setting for adjacent private investment for residential, industrial, office, and commercial facilities. The particular projects or redevelopment projects by private entities described herein are not intended to be an exclusive or exhaustive list of potential redevelopment activity. Allowed projects are those activities which comply with the Law and the Act and meet the overall objectives of this Plan. The public-private relationship is crucial in the successful redevelopment of the Project Area. The purpose of the Urban Renewal Law will be attained through and the major goals of this Plan are: a. The elimination of environmental deficiencies in the Project Area, including, among others, inadequate public improvements including certain streets and improvements; improvements to public utilities including water and sewer improvements and fire protection systems; streetlights; other public improvements (including public buildings and facilities); removal, burying, or relocation of overhead utilities; extension of electrical distribution lines and transforiners; improvement of irrigation and drainage ditches and laterals; improvement of storm drainage facilities; and environmental remediation of Brownfield sites; b. The assembly of land into parcels suitable for modern, integrated development with improved pedestrian and vehicular circulation in the Project Area; C. The re -planning, redesign, and development of undeveloped or underdeveloped areas which are stagnant or improperly utilized because of limited traffic access, underserved utilities, and other site conditions; d. The strengthening of the economic base of the Project Area and the community by the installation of needed site improvements to stimulate new private development providing, employment, and economic growth; e. The provision of adequate land for parks, open space, street rights -of --way and pedestrian/bicycle facility nights -of -way; f. The reconstruction and improvement of street corridors to allow traffic flows to move through and around the Project Area along with the accompanying utility connections, through the Project Area; g. The provision of public service utilities such as water system improvements, sewer system improvements and improvements to storm drainage facilities (as part of larger City systems, much of which may be located outside the Project Area); h. The establishment and implementation of performance criteria to assure high site design standards and environmental quality and other design elements which provide unity and integrity to the entire Project Area, including commitment of funds for planning studies, achieving high standards of development, and leveraging such development to achieve public objectives and efficient use of scarce resources; The strengthening of the tax base by encouraging private development, thus increasing the assessed valuation of properties within the Revenue Allocation Area and the Project Area as a whole and benefiting the various taxing districts in which the urban renewal area is located; and The funding of necessary public infrastructure to accommodate both public and private development. 101 General Procedures of the Agency The Agency is an established public body, corporate and politic, as defined and described under the Law and the Act. The Agency is also governed by its bylaws as authorized by the Law and adopted by the Agency. Under the Law, the Agency is governed by the Idaho open meeting law, the Public Records Act, the Ethics in Government Act, financial reporting requirements, and the competitive bidding requirements under Chapter 28, Title 67, Idaho Code. Generally, the Agency conducts its business in open session and allows meaningful public input as needed by the issue considered or by any statutory or regulatory provision. Whenever in this Plan it is stated that the Agency may refine, modify, change, or adopt certain policy statements or contents of this Plan not requiring a formal amendment to the Plan as required by the Law or the Act, it shall be deemed to mean a consideration by the Board of such policy or procedure, duly noticed upon the Agency meeting agenda and considered by the Agency at an open public meeting and adopted by a majority of the Board members present, constituting a quorum, unless any bylaw, provision of law, or provision herein provides otherwise. 102 Provisions Necessary to Meet State and Local Requirements 91 102.1 Conformance with the Idaho Urban Renewal Law of 19651) as Amended a. The laws of the state of Idaho require that an urban renewal plan be prepared for an area certified as an urban renewal area by the City Council. The Project Area was originally certified by the City Council by Resolution No. 16-1119 on February 9, 2016. b. With the adoption of Resolution No. 16-1119, the City Council found the Project Area a deteriorated and deteriorating area existing in the City as defined by the Law and Act, and authorized the preparation of an urban renewal plan. C. In accordance with the Law and Act, the necessary agricultural consents were obtained from owners of any agricultural operations within the Project Area that have been used as an agricultural operation for three consecutive years. A copy of the agricultural consent is attached hereto as Attachment 6 d. In accordance with the Law, this Plan was submitted to the Planning and Zoning Commission of the City. After consideration of the Plan, the Commission reported to the City Council stating that this Plan is in conformity with the Comprehensive Plan of the City of Meridian. Pursuant to the Law, and Act, the City Council having published due notice thereof, a public hearing was held on this Plan. Notice of the hearing was duly published in a newspaper having general circulation. The City Council adopted this Plan on _, 2016, by Ordinance No. 103 History and Current Conditions of the Area This Project Area is located north of Interstate 84, east of Ten Mile Road and south of Franklin Road. The area is part of a larger planning area designated as the Ten Mile Interchange Specific Area PIan adopted by the Meridian City Council in June of 2007. The area consists of approximately 301acres, included in 16 tax parcels under three separate ownerships. The Plan calls for inclusion of adjacent public rights-of-way not included in the totals above. While the Ten Mile Interchange Specific Area Plan calls for intense residential and commercial development consistent with proximity to major transportation access, the implementation of that Plan has not materialized due to the high cost of infrastructure development and the lack of public and private funding mechanisms to support the cost burden. Therefore, the implementation of the Plan and thus the normal growth of the city has been impeded. The Project Area remains in agricultural use with no urban level infrastructure existing within the area except for the area improvements made within the adjacent arterial rights-of-way (Ten Mile and Franklin Roads). Thus the current development pattern remains inconsistent with the established vision for the area as expressed in both the Ten Mile Interchange Specific Area Plan and the City of Meridian Comprehensive Plan, of which it is a part. Implementation activities as provided for in this Plan will allow for development consistent with the adopted plans. What development does exist within the Project Area relates to the historic agricultural uses, and while perhaps appropriate for the continuation of that use, is functionally obsolete when considered in the context of the adopted plans of the City of Meridian. Part of the original Study Area considered for this Project Area was located within unincorporated Ada County. Including such properties is permissible under State Law with an intergovernmental agreement between the City and the County. However, most of the properties included with the Study Area were annexed into the city limits resulting in the final boundaries of the Project Area fully under the jurisdiction of the City of Meridian obviating any need for an intergovernmental agreement. The Plan primarily includes improvements to public infrastructure, creating the framework for the development of residential and commercial property and the provision of public parks, open spaces and/or other public recreation areas. The Plan also includes remediation of environmental conditions that may exist in the Project Area. Most of the Project Area is underdeveloped or vacant and is not being used to its highest and best use due to deteriorating structures, the age and obsolescence of infrastructure, the predominance of defective or inadequate street layout, outmoded street patterns, need for modern traffic requirements, insanitary and unsafe conditions, faulty lot layout and inadequate utility infrastructure needed for a larger development. The foregoing conditions have arrested or impaired growth in the Project Area. The preparation and approval of an urban renewal plan, including a revenue allocation financing provision, gives the community additional resources to solve the public infrastructure problems in this area. Revenue allocation financing will help to improve the situation. In effect, property taxes generated by new developments within the Project Area may be used by the Agency to finance a variety of needed public improvements and facilities. Finally, the new developments will also generate new jobs in the community that will, in turn, benefit the Project Area, city and county residents. Additional history of the Project Area is contained in the EIigibility Report which is included as Attachment 6. 104 Purpose of Activities The description of activities, public improvements, and the estimated costs of those items are intended to define the Iimit of the Agency's activity. The Agency reserves the right to change amounts from one category to another. The aforementioned costs are estimated and may 0 fluctuate based on market conditions and the passage of time. The Agency does not anticipate that the overall total amount estimated will substantially exceeded but projections are based on current information and conditions. The items and amounts are not intended to relate to any one particular development, developer, or owner. Rather, the Agency intends to discuss and negotiate with any owner or developer who seeks Agency assistance. During such negotiation, the Agency will determine, on an individual basis, the eligibility of the activities sought for Agency funding, the amount the Agency may fund by way of percentage or other criteria including the need for such assistance. The Agency will also take into account the amount of revenue allocation proceeds estimated to be generated from the developer's activities. The Agency also reserves the right to establish by way of policy, its funding percentage or participation, which would apply to all developers and owners. Throughout this Plan, there are references to Agency activities, Agency funding, and the acquisition, development, and contribution of public improvements. Such references do not necessarily constitute a full, final, and formal commitment by the Agency but, rather, grant to the Agency the discretion to participate as stated subject to achieving the objectives of this Plan and provided such activity is deemed eligible under the Law and the Act. In some respects, the activities listed in Attachments 5.1 -SA are concepts which will be determined or prioritized as the overall Project Area develops. The Agency reserves the right to prioritize the projects described in this Plan. The Agency also reserves the right to retain its flexibility in funding the various activities. The Agency also reserves its discretion and flexibility in deciding which improvements should be funded and what level, whether using its own funds or funds generated by other sources. One of the purposes of this Plan is to facilitate the creation of family wage jobs as defined by the State of Idaho. The activities Iisted in Attachments 5.1-5.4 are also prioritized by way of importance to the Agency by the amounts funded, and by year of funding, with earlier years reflecting the more important activities, achievement of higher objectives, longterm goals, and commitments. As required by the Law and Act, the Agency will adopt more specific budgets annually. 105 Open Land Criteria Such open land areas may be acquired by the Agency and developed if such acquisition is needed to solve various problems, associated with the land or the public infrastructure, that have retarded its development. These problems may include defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, and faulty lot layout, all of which are included in one form or another in the Section 50-2903(8)(b) definition of deteriorated area. The problems that are listed only in Section 50-2008(d)(4)(2) (the open land section) include economic disuse, unsuitable topography, and "the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area." itt Such areas qualify if any of the standard 50-2018(8), (9) and 50-2903(8) characteristics apply. But such areas also qualify if any of the problems listed only in 50-2008(d)(4)(2) apply. Clearly, lack of water and sewer facilities, a deficient street system and lack of fire protection facilities are all conditions which retard development of the open land areas. 200 DESCRIPTION OF PROJECT AREA The boundaries of the Project Area and the Revenue Allocation Area are shown on the Project Area and Revenue Allocation Boundary Map, attached hereto as Attachment 1 and incorporated herein by reference, and are described in the Description of the Project Area and Revenue Allocation Area, attached hereto as Attachment 2 and incorporated herein by reference. For purposes of boundary descriptions and use of proceeds for payment of improvements, the boundary shall be deemed to extend to the outer boundary of rights-of-way located within the corporate limits of the City of Meridian or other natural boundary unless otherwise stated. 300 PROPOSED REDEVELOPMENT ACTIONS 301 General The Agency proposes to eliminate and prevent the spread of deteriorating conditions and deterioration in the Project Area by any of the following means: a. The acquisition of certain real property (if needed); b. The demolition or removal of certain buildings and improvements for public rights-of-way for streets, utilities, walkways, and other improvements, for public facility building sites, to eliminate unhealthful, unsanitary, or unsafe conditions, enhance density, eliminate obsolete or other uses detrimental to the public welfare or otherwise to remove or to prevent the spread of deteriorating or deteriorated conditions; C. The provision for participation by property owners within the Project Area to achieve the objectives of this Plan; d. The management of any property acquired by and under the ownership and control of the Agency; C. The provision for relocation assistance to displaced Project Area occupants, as needed and required by law; £ The installation, construction, or reconstruction of streets, utilities, including electrical distribution and transmission lines in underground configuration, if needed to encourage new developments, fiber optic or other communication systems, parking facilities, and other public improvements, including, but not limited to, irrigation and drainage laterals and ditches, canal crossings, storm 111 drain systems, water and sewer improvements, fire protection systems, traffic signals, streetlights, sidewalks, curbs, gutters, and other public improvements, including public or other community facilities or buildings owned or occupied by the Agency or other public agencies, including the City's walkways, public open spaces, community centers, cultural centers and visitors or information centers as may be deemed appropriate by the Board; g. The disposition of property for uses in accordance with this Plan; h. The redevelopment of land by private enterprise or public agencies for uses in accordance with this Plan; The rehabilitation of structures and improvements by present owners, their successors, and the Agency; The preparation and assembly of adequate sites for the development and construction of facilities for industrial, commercial, retail, residential and governmental use; k. To the extent allowed by law, lend or invest federal funds to facilitate redevelopment; and I. The construction of foundations, platforms, and other like structural forms necessary for the provision or utilization of air rights, sites for buildings to be used for residential, commercial, industrial, and other uses contemplated by the Plan, and to provide utilities to the development site. In the accomplishment of these purposes and activities and in the implementation and furtherance of this Plan, the Agency is authorized to use all the powers provided in this Plan and all the powers now or hereafter permitted by law. 302 Urban Renewal Plan Objectives Urban renewal action is necessary in the Project Area to combat problems of physical deterioration or deteriorating conditions. The Project Area and revenue allocation area consist of approximately 301.45 acres of property. The Project Area boundaries are specifically identified on Attachments I and 2. As set forth in greater detail in Section 103, the Project Area has a history of a slow-growing tax base primarily attributed to undeveloped or underdeveloped properties, a number of deteriorating and/or deteriorated structures, deteriorated and vacant lots, faulty lot layout, lack of adequate public infrastructure, potential environmental issues and other deteriorating factors. Site preparation, remediation of any environmental issues, enhancement of open areas and public recreation facilities, enhancement of infrastructure, including sidewalk, curb, gutter, 9 improvements to water and sewer facilities, as well as, remediating any drainage issues will enhance the overall development of the Project Area. Hence, the Plan for the Project Area is a proposal for street and utility improvements to provide an improved environment for new retail, residential and commercial facilities, public improvements or facilities, including but not limited to construction of public facilities or buildings, the elimination of unsafe conditions, and to otherwise prevent the extension of deterioration and reverse the deteriorating action of the area. Air rights and subterranean rights may be disposed of for any permitted use within the Project Area boundaries. Less than fee acquisition may be utilized by the Agency when and if necessary to promote redevelopment in accordance with the objectives of the Plan. Temporary project improvements may be provided to facilitate adequate vehicular and pedestrian circulation. The provisions of this PIan are applicable to all public and private property in the Project Area. The provisions of the Plan shall be interpreted and applied as objectives and goals, recognizing the need for flexibility in interpretation and implementation, while at the same time not in any way abdicating the rights and privileges of the property owners which are vested in the present and future zoning classifications of the properties. All development under an owner participation agreement shall conform to those standards specified in Section 303.1 of this Plan. This Plan must be practical in order to succeed. Particular attention has been paid to how it can be implemented, given the changing nature of market conditions. Transforming the Project Area into a vital, thriving part of the community requires an assertive strategy. The following list represents the key elements of that effort: a. Initiate simultaneous projects designed to revitalize the Project Area. From street and utility improvements to significant new development, the Agency plans a key role in creating the necessary momentum. b. Develop new residential and commercial opportunities encouraging economic development. Without direct public intervention, much of the Project Area could conceivably remain unchanged for the next several years. It is anticipated that success will come through public- private partnerships as appropriate to accomplish Plan goals. The Plan creates the necessary flexible framework for the Project Area to support the City's economic development. Land use in the Project Area will be modified to the extent that obsolete buildings and land now devoted to inconsistent uses will be converted to professional offices, residential housing, commercial structures, public and private parking, and/or public/semi-public uses. In 10 implementing the activities described in this Plan, the Agency shall give due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of residents in the general vicinity of the site covered by the Plan. 303 Participation Opportunities and Agreement 303.1 Participation Agreements The Agency may enter into an owner participation agreement with any existing or future owner of property, in the event the property owner seeks and/or receives assistance from the Agency in the redevelopment of the property. In that event, the Agency may allow for an existing or fixture owner of property to remove the property and/or structure subject to such an agreement from future Agency acquisition. Each structure, infrastructure and building in the Project Area to be rehabilitated or to be constructed as a condition of the owner participation agreement between the Agency and the owner pursuant to this Plan will be considered to be satisfactorily rehabilitated and constructed, and the Agency will so certify, if the rehabilitated or new structure or infrastructure meets the following standards through an executed owner participation agreement to meet conditions described below. a. Any such property within the Project Area shall be required to conform to all applicable provisions, requirements, and regulations of this Plan. The owner participation agreement may require as a condition of financial participation by the Agency a commitment by the property owner to meet the greater objectives of the land use elements identified in the Comprehensive Plan, and applicable zoning ordinances. Upon completion of any rehabilitation each structure must be safe and sound in all physical respects and be refurbished and altered to bring the property to an upgraded marketable condition that will continue throughout an estimated useful life for a minimum of twenty (20) years. b. All such buildings or portions of buildings which are to remain within the Project Area shall be rehabilitated in conformity with all applicable codes and ordinances of the City. C. Any new construction shall also conform to all applicable provisions, requirements, and regulations of this Plan. d. Any new construction shall also conform to all applicable codes and ordinances of the City of Meridian as well as other applicable local, state and federal laws and regulations. 11 All such aLTreements will address phasing issues (as needed), justification and eligibility of project costs, and achievement of the objectives of the Plan. Agency shall retain its discretion in the funding level of its participation. In such participation agreements, participants who retain real property shall be required to join in the recordation of such documents as may be necessary to make the provisions of this Plan applicable to their properties. Whether or not a participant enters into a participation agreement with the Agency, the provisions of this Plan are applicable to all public and private property in the Project Area as those owning said property seek any form of assistance, cooperation or support from the Agency. In the event a participant fails or refuses to rehabilitate, develop, use, and maintain its real property pursuant to this Plan and a participation agreement, the real property or any interest therein may be acquired by the Agency in accordance with Section 305.1 of this Plan and sold or leased for rehabilitation or development in accordance with this Plan. Owner participation agreements may be used to implement the following objectives: a. Encouraging established businesses to revitalize any deteriorating areas of their parcels to accelerate the enhancement of the street environment in the Plan area. b. Subject to the limitations of the Law and the Act, providing incentives to existing business owners to encourage continued utilization and expansion of existing permitted uses to prevent properties from falling into disuse, a proliferation of vacant and deteriorated parcels and a reduction in area employment. C. Recognizing the right of existing nonconforming uses to continue in accordance with applicable law and to accommodate improvements and expansions as allowed by applicable law. d. Subject to the limitations of the Act, providing incentives to improve nonconforming properties so they implement the design guidelines contained in this Plan to the extent possible and to encourage an orderly transition from nonconforming to conforming uses over the next twenty (20) years. C. Provide reimbursement for previously constructed public infrastructure improvements if the Agency determines that said improvements were completed recently enough to be sufficiently connected to the purposes, goals and objectives of the Plan and otherwise meet the criteria and requirements of the Plan. 303.2 Public Agency Fees For any development covered by an owner participation agreement or disposition and development agreement, the Agency shall have the authority, but not the obligation, to consider the payment of all or part of any public agency fee assessed on the development from revenue allocation proceeds to the extent allowed by law. 12 304 Cooperation with Public Bodies Certain public bodies are authorized by state law to aid and cooperate, with or without consideration, in the planning, undertaking, construction, or operation of this Project. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and the highest public good. The Agency, by law, is not authorized to acquire real property owned by public bodies without the consent of such public bodies. The Agency will seek the cooperation of all public bodies which own or intend to acquire property in the Project Area. All plans for development of property in the Project Area by a public body shall be subject to Agency approval, in the event the Agency is providing any financial assistance. Subject to applicable authority, the Agency may impose on all public bodies the planning and design controls contained in this Plan to insure that development or redevelopment of property within the Project Area owned by public bodies will conform to the requirements of this Plan. Subject to applicable law, the Agency is authorized to financially (and otherwise) assist any public entity in the cost of public land, buildings, facilities, structures, or other improvements of the Project Area. The Agency specifically intends to cooperate to the extent allowable with the City of Meridian and the Ada County Highway District (ACRD) (as the case may be) for the construction of street and utility improvements. The Agency shall also cooperate with the City of Meridian and ACHD on various relocation, screening, or underground projects, the providing of fiber optic capability, and the fielding of water and sewer improvements. To the extent any public entity, including the City of Meridian, has funded certain. improvements such as water and sewer facilities, the Agency may, at the discretion of the Agency Board, reimburse those entities for those expenses should funding be available. The Agency shall also cooperate with any public entity having jurisdiction over rights-of-way for the improvement of roads within the Project Area and with the public bodies responsible for water and sewer improvements. The Agency also intends to cooperate and seek available assistance from state and federal sources for economic development. In the event the Agency is participating in public development, by way of financial incentive or otherwise, the public body receiving assistance from the Agency shall enter into a participation agreement with the Agency and then shall be bound by the Plan and other land use elements and shall conform to those standards specified in Section 303.1 of this Plan. 305 Property Acquisition 305.1 Real Property 13 Generally, the Agency intends to acquire any real property or interests in real property through voluntary measures; however, the Agency is not required to acquire any real property located in the Project Area. Any acquisition shall be by any means authorized by law, including, but not limited to, the Law, the Act, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the Idaho Eminent Domain laws set forth in Title 7, Chapter 7, Idaho Code. The Agency is authorized to acquire either the entire fee or any other interest in real property less than a fee, including structures and fixtures upon the real property without acquiring the land upon which those structures and fixtures are located. The Agency may, in considerations of the obligations of the developer or owner in any development agreement, waive its rights to acquire the real property covered by the development agreement, if the developer or owner fully performed under the development agreement. Idaho Code Section 7-701A specifically limits the Agency's ability to exercise eminent domain to involuntarily acquire real property in the Project Area for purposes of conveying property for non-public uses: 7-701A. Limitation on eminent domain for private parties, urban renewal or economic development purposes. (1) This section limits and restricts the use of eminent domain under the laws of this state or local ordinance by the state of Idaho, its instrumentalities, political subdivisions, public agencies, or bodies corporate and politic of the state to condemn any interest in property in order to convey the condemned interest to a private interest or person as provided herein. (2) Eminent domain shall not be used to acquire private property: (a) For any alleged public use which is merely a pretext for the transfer of the condemned property or any interest in that property to a private party; or (b) For the purpose of promoting or effectuating economic development; provided however, that nothing herein shall affect the exercise of eminent domain: (i) Pursuant to chapter 15, title 70, Idaho Code, and title 42, Idaho Code; or (ii) Pursuant to chapters 19, 20 or 29, title 50, Idaho Code, except that no private property shall be taken through exercise of eminent domain within the area of operation of a housing authority or within an urban renewal area or within a deteriorated or deteriorating area or within a competitively disadvantaged border community area unless the specific property to be condemned is proven by clear and convincing evidence to be in such condition that it meets all of the requirements: 1. The property, due to general dilapidation, compromised structural integrity, or failed mechanical systems, endangers life or endangers property by fire or by other perils that pose an actual identifiable threat to building occupants; and 14 2. The property contains specifically identifiable conditions that pose an actual risk to human Health, transmission of disease, juvenile delinquency or criminal content; and 3. The property presents an actual risk of harm to the public health, safety, morals or general welfare; or (iii) For those public and private uses for which eminent domain is expressly provided in the constitution of the state of Idaho. (3) This section shall not affect the authority of a governmental entity to condemn a leasehold estate on property owned by the governmental entity. (4) The rationale for condemnation by the governmental entity proposing to condemn property shall be freely reviewable in the course of judicial proceedings involving exercise of the power of eminent domain. It is in the public interest and is necessary, in order to eliminate the conditions requiring redevelopment and in order to execute this Plan, for the power of eminent domain to be retained by the Agency to acquire real property in the Project Area, which cannot be acquired by gift, devise, exchange, purchase, or any other lawful method, for a public purpose or for private redevelopment within the limits described above. However, the Agency's authority to invoke eminent domain to acquire real property for disposition to private parties for economic development is limited by Idaho Code S 7-701 A. Under the provisions of the Act, the urban renewal plan "shall be sufficiently complete to indicate such land acquisition, demolition, and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area." Idaho Code § 50-2018(12). At the present time the Agency has not identified any particular parcel for acquisition for the construction of public improvements or for private redevelopment. These activities are generally described in Attachment 3. Properties which may be subject to acquisition are those parcels which may be vacant or abandoned, parcels which are currently limited in use such as small parcels that could be assembled for redevelopment and those which are significantly deteriorated, parcels which may be adjacent to right-of-way to improve configuration and enlarge parcels for redevelopment, adapt and possibly enlarge an existing building for a new use, reconfigure sites for development and possible extension street or pathway. Other parcels may be acquired for the purpose of facilitating catalyst or demonstration projects, constructing public parking, constructing new streets or pathways, enhancing public spaces, or to implement other elements of the Plan strategy. Generally, the Agency reserves the right to determine which properties, if any, should be acquired. The Agency intends to acquire any real property through voluntary or consensual gift, devise, exchange, or purchase. Such acquisition of property may be for the development of any public improvements identified in this Plan, for the assembly of properties for the purpose of redevelopment of those properties to achieve the objectives of this Plan, and/or for purposes of redevelopment and reuse as identified in the Plan. Such properties may include properties 15 owned by private parties or public entities. The Agency shall coordinate any voluntary property acquisition with any other public entity, as may be necessary. 305.2 Personal Property Generally, personal property shall not be acquired. However, where necessary in the execution of this PIan, the Agency is authorized to acquire personal property in the Project Area by any lawful means, including eminent domain. For purposes of this Plan, acquisition of certain permanent fixtures or improvements upon real property shall be governed by this section. The Agency retains the right to purchase those fixtures or improvements (including buildings) for the purpose of eliminating certain deteriorated or deteriorated structures to facilitate the redevelopment the real property upon which the buildings and structures are located. Such acquisition shall be based upon appraised value of the structures and negotiation with the owner of the structures. The Agency shall take into account, before committing to such acquisition, any environmental or other liability present or potentially present in such structures. In the event, the Agency determines to acquire such property; it shall do so upon the successful negotiation of an owner participation agreement in compliance with the terms of Section 303.1 of this Plan. In addition, such owner shall commit to the redevelopment of the real property and to maintain the real property in a safe and clean manner. The Agency shall acquire such property by way of any acceptable conveyance. 306 Property Management During such time such property, if any, in the Project Area is owned by the Agency, such property shall be under the management and control of the Agency. Subject to applicable law, such property may be rented or leased by the Agency pending its disposition for redevelopment, and such rental or lease shall be pursuant to such policies as the Agency may adopt. 307 Relocation of Persons (Including Individuals and Families), Business Concerns, and Others Displaced by the Project If the Agency receives federal funds for real estate acquisition and relocation, the Agency shall comply with 24 C.F.R. Part 42, implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. The Agency may also undertake relocation activities for those not entitled to benefit under federal law, as the Agency may deem appropriate for which funds are available. The Agency's activities should not result in the displacement of families within the area. In the event the Agency's activities result in. displacement, the Agency shall compensate such residents by providing reasonable moving expenses into decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families. The Agency will not participate in any private redevelopment activity which will result in displacement of families unless a method exists for the relocation of displaced families in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families. For any other activity, the Agency will comply with the provisions of the Law regarding relocation. 16 The Agency reserves the right to extend benefits for relocation to those not otherwise entitled to relocation benefits as a matter of state law under the Act or the Law. The Agency may determine to use as a reference the relocation benefits and guidelines promulgated by the federal government, the state government, or local government, including the State Department of Transportation. The intent of this section is to allow the Agency sufficient flexibility to award relocation benefits on some rational basis, or by payment of some lump sum per case basis. The Agency may also consider the analysis of replacement value for the compensation awarded to either owner occupants or businesses displaced by the Agency to achieve the objectives of this Plan. The Agency may adopt relocation guidelines which would define the extent of relocation assistance in non -federally -assisted projects and which relocation assistance to the greatest extent feasible would be uniform. The Agency shall also coordinate with the various local, state, or federal agencies concerning relocation assistance. For displacement of families, the Agency shall comply with, at a minimum, the standards set forth in the Law. The Agency shall also comply with all applicable state laws concerning relocation benefits. If such a program is considered, it shall be adopted by resolution of the Agency Board. 308 Demolition, Clearance, and Building and Site Preparation 308.1 Demolition and Clearance The Agency is authorized (but not required) to lawfully demolish and clear buildings, structures, and other improvements from any real property in the Project Area as necessary to carry out the purposes of this Plan. 308.2 Preparation of Building Sites The Agency is authorized (but not required) to prepare, or cause to be prepared, as building sites, any real property in the Project Area owned by the Agency, including rock removal and site preparation. In connection therewith, the Agency may cause, provide for, or undertake the installation or construction of streets, utilities, storm drainage facilities, and other public improvements necessary to carry out this Plan. The Agency is also authorized (but not required) to construct foundations, platforms, and other structural forms necessary for the provision or utilization of air rights sites for buildings to be used for industrial, commercial, private, public, and other uses provided in this Plan. To the extent allowed by the Law and Act, the Agency may assist in the preparation of building sites by way of reclamation, remediation, or elimination of deteriorated conditions. The Agency is also authorized (but not required) to purchase certain site or building improvements for purpose of site preparation and development. 17 309 Property Disposition and Development 309.1 Real Property Disposition and Development 309.1.1 General For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property under the reuse provisions set forth in the Law. To the extent permitted by law, the Agency is authorized to dispose of real property by negotiated lease, sale, or transfer without public bidding. Real property acquired by the Agency may be conveyed by the Agency and, where beneficial to the Project Area, without charge to any public body as allowed by law. All real property acquired by the Agency in the Project Area shall be sold or leased to public or private persons or entities for development for the uses permitted in this Plan. All purchasers or lessees of property acquired from the Agency shall be obligated to use the property for the purposes designated in this Plan, to begin and complete development of the property within a period of time, if any, which the Agency fixes as reasonable, and to comply with other conditions which the Agency deems necessary to carry out the purposes of this Plan. The Agency shall give due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of residents residing in the general vicinity of the site covered by the Plan. 309.1.2 Disposition and Development Documents To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of deteriorating conditions, all real property sold, leased, or conveyed by the Agency, as well as all property subject to participation agreements, is subject to the provisions of this Plan. The Agency shall reserve such powers and controls in the disposition and development documents as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to ensure that development is carried out pursuant to this Plan. Leases, deeds, contracts, agreements, and declarations of restrictions of the Agency may contain restrictions, covenants, covenants running with the land, rights of reverter, conditions subsequent, equitable servitudes, or any other provisions necessary to carry out this Plan. Where appropriate, as determined by the Agency, such documents, or portions thereof, shall be recorded in the office of the Recorder of Ada County. All property in the Project Area is hereby subject to the restriction that there shall be no discrimination or segregation based upon race, color, creed, religion, sex, age, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, disability/handicap, tenure, or enjoyment of property in the Project Area. All property sold, leased, conveyed, or subject to a participation agreement shall be expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease, or other transfer of land in the Project Area shall contain such nondiscrimination and nonsegregation clauses as required by law. The land and/or air rights and subterranean rights acquired by the Agency will be disposed of subject to an agreement between the Agency and the developers. The developers (including owner/participants) will be required by the contractual agreement to observe the Land Use and Building Requirements provision of this PIan and to submit a redevelopment schedule satisfactory to the Agency. Schedule revisions will be made only at the option of the Agency. As required by law or as determined in the Agency's discretion to be in the best interest of the Agency and the public, the following requirements and obligations shall be included in the agreement. That the developers, their successors, and assigns agree: a. That a plan and time schedule for the proposed development shall be submitted to the Agency. b. That the purchase or lease of the land and/or subterranean rights and/or air rights is for the purpose of redevelopment and not for speculation. C. That the building of improvements will be commenced and completed as jointly scheduled and determined by the Agency and the developer(s). d. That there will be no discrimination or segregation based upon race, color, creed, religion, sex, age, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, disability/handicap, tenure, or enjoyment of the premises or any improvements erected or to be erected thereon, therein conveyed; nor will the Developer himself or any person claiming under or through him establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, or vendees in the premises or any improvements erected, or to be erected thereon, therein conveyed. The above provision will be perpetual and will be appended to the land disposed of within the Project Area by the Agency. e. That the site and construction plans will be submitted to the Agency for review as to conformity with the provisions and purposes of this PIan. IM f. All new construction shall have a minimum estimated life of no less than twenty (20) years. g. That rehabilitation of any existing structure must assure that the structure is safe and sound in all physical respects and be refurbished and altered to bring the property to an upgraded marketable condition which will continue throughout an estimated useful life for a minimum of twenty (20) years. h. That the Agency receives adequate assurance acceptable to the Agency to ensure performance under the contract for sale. All such buildings or portions of the buildings which are to remain within the Project Area shall be reconstructed in conformity with all applicable codes and ordinances of the City. All disposition and development documents shall be governed by the provisions of Section 408 and 412 of this Plan. The Agency also reserves the right to determine the extent of its participation based upon the achievements of the objectives of this Plan 309.1.3 Development by the Agency To the extent now or hereafter permitted by law, the Agency is authorized to pay for, develop, or construct any publicly -owned building, facility, structure, or other improvement within the Project Area for itself or for any public body or entity, which buildings, facilities, structures, or other improvements are or would be of benefit to the Project Area. Specifically, the Agency may pay for, install, or construct the buildings, facilities, structures, and other improvements identified in Attachments 5.1-5.4, attached hereto and incorporated herein by reference, and may acquire or pay for the land required therefore. The Agency may also prepare properties for development by renovation or other means as allowed by law. The Agency may also, as allowed by law, assist in the development of private projects. In addition to the public improvements authorized under Idaho Code Section 50-2007, 50-2018, and 50-2903(9), (13), and (14), the Agency is authorized to install and construct, or to cause to be installed and constructed, within the Project Area for itself or for any public body or entity, public improvements and public facilities, including, but not limited to, the following: (1) utilities; (2) telecommunications (including fiber-optic) facilities; (3) parks, plazas, open space, recreational facilities and pedestrian paths; (4) landscaped areas; (5) street improvements; (6) sanitary sewers; (7) flood control facilities and storm drains; (8) water mains; (9) canal crossings; (10) fire prevention; (11) community facilities; (12) remediation of environmental conditions; and (13) other public infrastructure or improvements, including but not limited to construction of public buildings and facilities as authorized by law. 20 Any public facility ultimately owned by the Agency shall be operated and managed in such a manner to preserve the public purpose nature of the facility. Any lease agreement with a private entity or management contract agreement shall include all necessary provisions sufficient to protect the public interest and public purpose. The Agency may enter into contracts, leases, and agreements with the City, County or other public body or private entity pursuant to this section, and the obligation of the Agency under such contract, lease, or agreement shall constitute an indebtedness of the Agency as described in Idaho Code Section 50-2909 which may be made payable out of the taxes levied in the Project Area and allocated to the Agency under subdivision (2)(b) of Section 50-2908 of the Act and Section 504 to this Plan or out of any other available funds. 309.1.4 Development Plans All development plans (whether public or private) prepared pursuant or related to assistance or support received from the Agency or owner participation agreements, shall be submitted to the Agency for approval and architectural review. All such development in the Project Area must conform to those standards specified in Sections 408 and 412, infra. 310 Personal Property Disposition For the purposes of this Plan, the Agency is authorized to lease, sell, exchange, transfer, assign, pledge, encumber, or otherwise dispose of personal property which is acquired by the Agency. 311 Rehabilitation and Conservation The Agency is authorized to rehabilitate, renovate, and conserve, or to cause to be rehabilitated, renovated, and conserved, any building or structure in the Project Area owned by the Agency for preparation of redevelopment and disposition. The Agency is also authorized and directed to advise, encourage, and assist in the rehabilitation and conservation of property in the Project Area not owned by the Agency. As necessary in carrying out this Plan, the Agency is authorized to move, or to cause to be moved, any substandard structure or building or any structure or building which can be rehabilitated to a location within or outside the Project Area. 312 Participation with Private Development or Public Development Under the Law, the Agency has the authority to lend or invest funds obtained from the federal government for the purposes of the Law if allowable under federal laws or regulations. The federal funds that may be available to the Agency are governed by regulations promulgated by the Department of Housing and Urban Development for the Community Development Block Grant Program ("CDBG"), the Economic Development Administration, the Small Business 21 Administration, or other federal agencies. in order to enhance such grants, the Agency's use of revenue allocation funds is critical. Under those regulations the Agency may participate with the private sector in the development and financing of those private projects that will attain certain federal objectives. The Agency may, therefore, use the federal funds for the provision of assistance to private for-profit business, including, but not limited to, grants, loans, loan guarantees, interest supplements, technical assistance, and other forms to support, for any other activity necessary or appropriate to carry out an economic development project. As allowed by law, the Agency may also use funds from any other sources for any purpose set forth under the Law or Act. The Agency may enter into contracts, leases, and agreements with the City, or other public body or private entity, pursuant to this section, and the obligation of the Agency under such contract, lease, or agreement shall constitute an indebtedness of the Agency as described in Idaho Code Section 50-2909 which may be made payable out of the taxes levied in the Project Area and allocated to the Agency under subdivision 2(b) of Section 50-2908 of the Local Economic Development Act and Section 504 to this Plan or out of any other available funds. 313 Conforming Owners The Agency may, at the Agency's sole and absolute discretion, determine that certain real property within the Project Area presently meets the requirements of this Plan, and the owner of such property will be permitted to remain as a conforming owner, provided such owner continues to operate, use, and maintain the real property within the requirements of this Plan. 31.4 Arts Funding The Agency encourages public art and performing arts through joint ventures with private developers and in cooperation with the City. Whenever possible, any Agency arts funding will be used to leverage additional contributions from developers, other private sources, and public or quasi -public entitles. 400 USES PERMITTED IN THE PROJECT AREA 401 Redevelopment Plan Map and Development Strategy The Urban Renewal Project Area Map, the Revenue Allocation Map, and the Description of the Urban Renewal Project Area Boundaries, are attached hereto as Attachments 1 and 2, and are incorporated by reference. The proposed land uses and permitted land uses in the Project Area for all land, public and private, are described in Attachment 4. 22 402 Designated Land Uses The Agency intends to rely upon the overall land use designations and zoning classifications of the City of Meridian, as depicted on Attachment 4 and as set forth in the City Comprehensive Plan, including the future land use map and zoning classifications. For the most part, the Project Area is proposed as residential, retail, office, and commercial development. Provided, however, nothing herein within this Plan shall be deemed to be granting any particular right to zoning classification or use. 403 [Reservedl 404 Public Rights -of -Way The major public streets currently within the Project Area are portions of Ten Mile Road, and Franklin Road, and any others not listed, but within the boundaries of the Project Area as more specifically set forth in Attachment I. Additional improvements to existing streets and easements may be created, improved, or extended in the Project Area as needed for development. Existing streets, easements, and irrigation or drainage laterals or ditches may be abandoned, closed, or modified as necessary for proper development of the Project Area, in conjunction with any applicable policies and standards of the City regarding changes to dedicated rights-of-way, and appropriate irrigation or drainage districts regarding changes to laterals or ditches. Any changes in the existing interior or exterior street layout shall be in accordance with the objectives of this Plan and the City's and ACHD's design standards; shall be effectuated in the manner prescribed by State and local law; and shall be guided by the following criteria: a. A balancing of the needs of proposed and potential new developments for adequate vehicular access, vehicular parking, and delivery loading docks with the similar needs of any existing developments permitted to remain. Such balancing shall take into consideration the rights of existing owners and tenants under the rules for owner and tenant participation adopted by the Agency for the Project and any participation agreements executed thereunder; b. The requirements imposed by such factors as topography, traffic safety, and aesthetics; and C. The potential need to serve not only the Project Area and new or existing developments, but to also serve areas outside the Project Area by providing convenient and efficient vehicular access and movement. The public rights-of-way may be used for vehicular and/or pedestrian traffic, as well as for public improvements, public and private utilities, and activities typically found in public rights-of-way. 23 405 Other Public, Semi -Public, Institutional, and Nonprofit Uses The Agency is also authorized to support, subject to applicable law, the maintenance, establishment, or enlargement of public, semi-public, institutional, or nonprofit uses, including park and recreational facilities; educational, fraternal, employee; philanthropic and charitable institutions; utilities; governmental facilities; equipment; and facilities of other similar associations or organizations. All such uses shall, to the extent possible, conform to the provisions of this Plan applicable to the uses in the specific area involved. The Agency may impose such other reasonable requirements and/or restrictions on those seeking its assistance or support as the Agency determines may be necessary to protect the development and use of the Project Area. 406 Interim Uses Pending the ultimate development of land by developers and participants, the Agency is authorized to use or permit the use of any land in the Project Area for interim uses that are not in conformity with the uses permitted in this Plan. However, any interim use must comply with applicable City Code. 407 General Controls and Limitations All real property in the Project Area, under the provisions of either a disposition and development agreement or owner participation agreement, is made subject to the controls and requirements of this Plan. No such real property shall be developed, rehabilitated, or otherwise changed after the date of the adoption of this Plan, except in conformance with the provisions of this Plan. 407.1 Construction All construction in the Project Area shall comply with all applicable state and local laws and codes in effect from time to time. In addition to applicable codes, ordinances, or other requirements governing development in the Project Area, additional specific perfon-ance and development standards may be adopted by the Agency to control and direct redevelopment activities in the Project Area in the event of a disposition and development agreement or owner participation agreement. 407.2 Rehabilitation and Retention of Properties Any existing structure within the Project Area, subject to either a disposition and development agreement or owner participation agreement, approved by the Agency for retention and rehabilitation, shall be repaired, altered, reconstructed, or rehabilitated in such a manner that it will be safe and sound in all physical respects and be attractive in appearance and not detrimental to the surrounding uses. 24 407.3 Limitation on Type, Size, and Height of Buildings Except as set forth in other sections of this PIan, the type, size, and height of buildings shall be as limited by applicable federal, state, and local statutes, ordinances, and regulations. 407.4 Open Spaces, Landscaping, Light, Air, and Privacy The issues of open space, landscaping, light, air, and privacy shall be governed by applicable federal, state, and local laws and ordinances. 407.5 Signs All signs shall conform to City of Meridian sign ordinances as they now exist or are hereafter amended. 407.6 Utilities The Agency shall require that all utilities be placed underground whenever physically and economically feasible. 407.7 Incompatible Uses No use or structure which by reason of appearance, traffic, smoke, glare, noise, odor, or similar factors which would be incompatible with the surrounding areas or structures shall receive any support or assistance from the Agency in any part of the Project Area. 407.8 Nondiscrimination and Nonsegregation There shall be no discrimination or segregation based upon race, color, creed, religion, sex, age, marital status, disability/handicap, national origin, or ancestry permitted in the sale, lease sublease, transfer, use, occupancy, tenure, or enjoyment of property in the Project Area. 407.9 Subdivision of Parcels Any parcel in the Project Area shall be subdivided only in compliance with the City of Meridian subdivision ordinance. 407.10 Minor Variations Under exceptional circumstances, the Agency is authorized to permit a variation from the limits, restrictions, and controls established by this Plan. In order to permit such variation, the Agency must determine that: 25 a. The application of certain provisions of this Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Plan; b. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property which do not apply generally to other properties having the same standards, restrictions, and controls; C. Permitting a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area; and d. Permitting a variation will not be contrary to the objectives of this Plan. No variation shall be granted which permits other than a minor departure from the provisions of this Plan. In permitting any such variation, the Agency may impose such conditions as it deems necessary to protect the public peace, health, safety, or welfare and to assure compliance with the purposes of the Plan. Any variation permitted by the Agency hereunder shall not supersede any other approval required under City codes and ordinances. 408 Design for Development Within the limits, restrictions, and controls established in this Plan, the Agency is authorized to establish heights of buildings, land coverage, setback requirements, design criteria, traffic circulation, traffic access, and other development and design controls necessary for proper development of both private and public areas within the Project Area. Any individual or entity seeking the Agency's assistance, support or cooperation must comply with Agency standards and must also comply with the City's zoning ordinance regarding heights, setbacks, and other like standards. In the case of property which is the subject of a disposition and development or participation agreement with the Agency, no new improvement shall be constructed, and no existing improvement shall be substantially modified, altered, repaired, or rehabilitated, except in accordance with this Plan. Under those agreements the architectural, landscape, and site plans shall be submitted to the Agency and approved in writing by the Agency. One of the objectives of this Plan is to create an attractive and pleasant environment in the Project Area. Therefore, such plans shall give consideration to good design, open space, and other amenities to enhance the aesthetic quality of the Project Area. The Agency shall not approve any plans that do not comply with this Plan. The Agency reserves the right to impose such design standards on an ad hoc, case-by-case basis through the approval process of the owner participation agreement or disposition and development agreement. Any change to such approved design must be consented to by the Agency and such consent may be conditioned upon reduction of Agency's financial participation towards the Project. In the event the Agency adopts design standards or controls, those provisions will thereafter apply to each site or portion thereof in the Project Area. Those controls and standards W will be implemented through the provisions of any disposition and development agreement or owner participation agreement or by appropriate covenants appended to the land and instruments of conveyance executed pursuant thereto. These controls are in addition to any standards and provisions of any applicable City building or zoning ordinances; provided, however, each and every development shall comply with all applicable City zoning and building ordinance. 409 Off -Street Loading Any development and improvements shall provide for off-street loading as required by the City ordinances as they now exist or are hereafter amended. 410 Off -Street Parking All new construction in the area shall provide off-street parking as required by the City ordinances as they now exist or are hereafter amended. The off-street parking requirement may be met by a public parking facility, including a parking garage and/or parking lot within proximity to the new construction. 411 Nonconforming Uses As part of the Agency's development, redevelopment and rehabilitation efforts. the Agency may permit an existing use to remain in an existing building and site usage in good condition, which use does not conform to the provisions of this PIan, provided that such use is generally compatible with existing and proposed developments and uses in the Project Area. if the owner of such a property is retaining said property, then they must be willing to enter into a participation agreement and agree to the imposition of such reasonable restrictions as may be necessary to protect the development and use of the Project Area. The Agency may assist with or support additions, alterations, repairs, or other improvements in the Project Area for uses which do not conform to the provisions of this Plan where such improvements are within a portion of the Project Area where, in the determination of the Agency, such improvements would be compatible with surrounding compliant uses and development. All nonconforming uses shall also comply with applicable law. 412 Design Guidelines for Development under a Disposition and Development Agreement or Owner Participation Agreement Under an owner participation agreement or a development and disposition agreement the design guidelines and land use elements of the Plan shall be achieved to the greatest extent feasible, though the Agency retains the authority to grant minor variations under Section 407.10 of this Plan and subject to a negotiated agreement between the Agency and the developer or property owner. 27 Under those agreements, the architectural, landscape, and site plans shall be submitted to the Agency and approved in writing by the Agency. In such agreements, the Agency may impose additional design controls. One of the objectives of this Plan is to create an attractive pedestrian environment in the Project Area. Therefore, such plans shall give consideration to good design and amenities to enhance the aesthetic quality of the Project Area_ These additional design standards or controls will be implemented through the provisions of any development and disposition agreement or owner participation agreement or by appropriate covenants appended to the land and instruments of conveyance executed pursuant thereto. These controls are in addition to any standards and provisions of any applicable City building or zoning ordinances; provided, however, each and every development shall comply with all applicable City zoning and building ordinances. 500 METHODS OF FINANCING THE PROJECT 501 General Description of the Proposed Financing Method The Agency is authorized to mance this Project with financial assistance from the City, state of Idaho, federal government, interest income, Agency bonds, donations, loans from private financial institutions, the lease or sale of Agency -owned property, or any other available source, public or private, including assistance from any taxing district or any public entity. The Agency is also authorized to obtain advances, borrow funds, and create indebtedness in carrying out this Plan. The Agency may also consider an inter -fund transfer from other urban renewal project areas. The principal and interest on such advances, funds, and indebtedness may be paid from any funds available to the Agency. The City, as it is able, may also supply additional assistance through City loans and grants for various public facilities. The City or any other public agency may expend money to assist the Agency in carrying out this Project. 502 Revenue Bond Funds As allowed by Iaw and subject to restrictions as are imposed by law, the Agency is authorized to issue bonds from time to time, if it deems appropriate to do so, in order to finance all or any part of the Project. Neither the members of the Agency nor any persons executing the bonds are liable personally on the bonds by reason of their issuance. 503 Other Loans and Grants Any other loans, grants, guarantees, or financial assistance from the United States, the state of Idaho CDBG funds, or any other public or private source will be utilized if available. The Agency may consider funding sources through Local Improvement Districts as authorized by state law. Neither the members of the Agency nor any persons executing such loans or grants shall be liable on the loans or grants by reason of their issuance. WZ The Agency also intends to seek appropriate private contributions, where applicable, to assist in the funding of the activities described herein. 504 Revenue Allocation Financing Provisions The Agency hereby adopts revenue allocation financing provisions as authorized by the Act, effective retroactively to January I, 2016. These revenue allocation provisions shall apply to all taxing districts which are located in or overlap the Revenue Allocation Area described on Attachments I and 2 to this Plan. The Agency shall take all actions necessary or convenient to implement these revenue allocation financing provisions. The Agency specifically finds that the equalized assessed valuation of property within the Revenue Allocation Area is likely to increase as a result of the initiation of the Project. The Agency, acting by one or more resolutions or agreements, as applicable, adopted by its Board, is hereby authorized to apply all or any portion of the revenues allocated to the Agency pursuant to the Act to pay as costs are incurred or to pledge all or any portion of such revenues to the repayment of any moneys borrowed, indebtedness incurred, or bonds issued by the Agency to finance or to refinance the Project Costs (as defined in Idaho Code Section 50-2903(14)) of one or more urban renewal projects. Upon enactment of an ordinance by the governing body of the City of Meridian finally adopting these revenue allocation financing provisions and defining the Revenue Allocation Area described herein as part of the Plan, there shall. hereby be created a special fund of the Agency into which the County Treasurer shall deposit allocated revenues as provided in Idaho Code Section 50-2908. The Agency shall use such funds solely in accordance with Idaho Code Section 50-2909 and solely for the purpose of providing fiends to pay the Project Costs, including any incidental costs, of such urban renewal projects as the Agency may determine by resolution or resolutions of its Board. A statement listing proposed public improvements and facilities, an economic feasibility study, estimated project costs, fiscal impact upon other taxing districts, and methods of financing project costs required by Idaho Code Section 50-2905 is included in Attachments 5.1-5.4 to this Plan. This statement necessarily incorporates estimates and projections based on the Agency's present knowledge and expectations. The Agency is hereby authorized to refine the presently anticipated urban renewal projects and use of revenue allocation financing of the related Project Costs if the Board deems such refinement necessary or convenient to effectuate the general objectives of the Plan. The Agency may also appropriate funds consisting of revenue allocation proceeds on an annual basis without the issuance of bonds. The Agency has also provided for obtaining advances or loans from the City or Agency, or from the Agency's other revenue allocation area, or pursuant to the terms of an owner participation agreement, or private entity and financial institutions in order to immediately commence construction of certain of the public improvements. Revenues will continue to be allocated to the Agency until the improvements identified in Attachments 5.1-5.4 are completely constructed or until any obligation to the City or 29 any other public entity, other revenue allocation area, or private entity are fulfilled. Attachments 5.1-5.4 incorporate estimates and projections based on the Agency's present knowledge and expectations concerning the length of time to complete the improvements. The activity may take longer depending on the significance and timeliness of development. Alternatively, the activity may be completed earlier if revenue allocation proceeds are greater or the Agency obtains additional funds. The revenue allocation proceeds are hereby irrevocably pledged for the payment of the principal and interest on the advance of monies or making of loans or the incurring of any indebtedness such as bonds, notes, and other obligations (whether funded, re arided, assumed, or otherwise) by the Agency to finance or refinance the Project in whole or in part. The Agency is authorized to make such pledges as to specific advances, loans, and indebtedness as appropriate in carrying out the Project. The Agency reserves the right to either pay for Project Costs from available revenue (pay as you go basis) or borrow funds by incurring debt through notes or other obligations. The Agency is authorized to make such pledges as to specific advances, loans, and indebtedness as appropriate in carrying out the Project. Revenue allocation proceeds are deemed to be only a part of the proposed funding sources for the payment of public improvements and other project improvements. Additionally, project funding is proposed to be phased for the improvements, allowing various sources of funds to be accumulated for use. 504.1 Economic Feasibility Study Attachment 5.2 constitutes the Economic Feasibility Study ("Study") as supported by Attachments 5.1, 5.3 and 5.4, for the urban renewal area prepared by Phil Kushlan, Kushlan and Associates. The Study constitutes the financial analysis required by the Act and is based upon existing information from the Agency, City and developers. Projections are based upon input from the Agency, property owners, developers, and others. 504.2 Assumptions and Conditions/Economic Feasibility Statement The information contained in Attachments 5.1-5.4 assumes certain completed and projected actions. Under the provisions of the Act, the revenue allocation shall continue until the debt or other obligations or other project activity is completed or satisfied. All debt is projected to be repaid no later than the duration period of the Plan. The total amount of bonded indebtedness (and all other loans or indebtedness) and the amount of revenue generated by revenue allocation are dependent upon the extent and timing of private development. Should all of the development take place as projected, the project indebtedness could be extinguished earlier, dependent upon the bond sale documents or other legal obligations. Should private development take longer to materialize or should the private development be substantially less than projected, then the amount of revenue generated will be substantially reduced and debt may continue for its full term. The Plan and attachments incorporate estimates and projections based on the Agency's present knowledge and expectations. The Agency may refine the project if the Board deems such refinements necessary to effectuate the Plan. The Plan proposes certain public improvements, including utility and street improvements, which will facilitate development in the Revenue Allocation Area. The assumptions set forth in the Study are based upon the best information available to the Agency through public sources or discussions with property owners, developers, and others. The information has been analyzed by the Agency and its consultants in order to provide an analysis that meets the requirements set forth under the Law and Act. At the point in time when the Agency may seek a loan from lenders or others, a more detailed and then -current financial pro forma will be presented to those lenders or underwriters for analysis to determine the borrowing capacity of the Agency. As set forth herein, the Agency reserves the right to fund the Project on a "pay as you go" basis. The Agency Board will prioritize the activities set forth in this Plan and determine what funds are available and what activities can be funded. The Agency will establish those priorities through its mandated annual budgetary process. The assumptions concerning revenue allocation proceeds are based upon certain assessed value increases and assumed tax levy rates. House Bill 1 adopted by the 58"' Idaho Legislature convening in Special Session in August 2006 (codified at Idaho Code Section 33-802) repealed the operation and maintenance property tax levy imposed by school districts. House Bill 1 also repealed Idaho Code Section 50-2908(2)(a)(iii) which required certain revenue allocation funds to be disbursed to school districts. The financial analysis set forth in Attachments 5.1-5.4 has taken into account the provisions of Idaho Code § 33-802. House Bill 315 adopted by the 62nd Idaho Legislature amends Idaho Code Section 63- 602KK, and provides for personal property tax exemption to businesses. Application of the exemption may have the effect of reducing the increment value and the base value. The Agency, for this Project Area, will not receive any backfill funds from the State to replace revenue lost by the imposition of the personal property tax exemption. The feasibility study has taken HB315 into account. 504.3 Ten Percent Limitation Under the Act, the base assessed valuation for all revenue allocation areas cannot exceed gross/net ten percent (10%) of the current assessed valuation for the entire City. According to the Ada County Assessor, the base assessment roll for the Project Area as of January 1, 2015, is $39,539,125. The total assessed value for the City as of January 1, 2015, is $6,848,682,967. Therefore, the 10% limit is $684,868,297. The estimated adjusted base value for the existing 31 Downtown Meridian URD, is $146,334,050; The base values for the combined revenue allocation areas total $185,873,125, which is 2.714% of the City's 2015 value, which is significantly below the 10% maximum. 504.4 Financial Limitation The Study identifies several capital improvement projects. Use of any particular financing source for any particular purpose is not assured or identified. Use of the funding source shall be conditioned on any limiting authority. If revenue allocation funds are unavailable, then the Agency will need to use a different funding source for that improvement. The amount of funds available to the Agency from revenue allocation financing is directly related to the assessed value of new improvements within the Revenue Allocation Area. Under the Act, the Agency is allowed the revenue allocation generated from inflationary increases and new development value. Increases have been assumed based upon the projected value of new development as that development occurs along with possible land reassessment based on a construction start. The Study, with the various estimates and projections, constitutes an economic feasibility study. Costs and revenues are analyzed, and the analysis shows the need for public capital funds during the project. Multiple financing sources including proposed revenue allocation notes and bonds, annual revenue allocations, developer contributions, city contributions, and other funds are shown. This Study identifies the mind, number, and location of all proposed public works or improvements, a detailed list of estimated project costs, a description of the methods of financing illustrating project costs, and the time when related costs or monetary obligations are to be incurred. See Idaho Code § 50-2905. Based on these funding sources, the conclusion is that the project is feasible. The information contained in the Study assumes certain projected actions. First, the Agency has projected an advance from the City and owner participation agreements. Under the provisions of the Act, the revenue allocation may continue until the end of the plan term. Second, the total amount of indebtedness and the amount of revenue generated by revenue allocation is dependent upon the extent and timing of private development. Should the development take place as projected, indebtedness would be extinguished earlier, dependent upon the note documents and legal obligations therein. Should private development take longer to materialize or should the private development be substantially less than projected, then the amount of revenue generated will be substantially reduced and bonds or other legal obligations may continue for their full term. The proposed timing for the public improvements may very well have to be refined depending upon the availability of some of the funds and the Agency's ability to sell an initial issue of notes or bonds, or the ability to execute an owner participation agreement. Attachments 5.1-5.4 list those public improvements the Agency intends to be constructed through the term of the Plan. The costs of improvements are estimates only. Final costs will be 32 detennined by way of construction contract, public bidding or by an agreement between the developer/owner and Agency. The listing of public improvements does not commit the Agency to any particular improvement, any particular cost, or any particular order of construction. The Agency reserves its discretion and flexibility in deciding which improvements are more critical for redevelopment, and the Agency intends to coordinate its public improvements with associated development by private developers/owners. Generally, the Agency expects to develop those improvements identified in Attachments 5.1-5.4 first, in conjunction with private development within the Project Area generating the increment as identified in Attachments 5.1-5.4. The Plan has shown that the equalized valuation of the Revenue Allocation Area as defined in the Plan is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the Plan. 504.5 [Reserved] 504.6 Participation with Local Improvement Districts Under the Idaho Local Improvement District Code, Chapter 17, Title 50, Idaho Code, the City has the authority to establish local improvement districts for various public facilities, including, but not limited to, streets, curbs, gutters, sidewalks, stone drains, landscaping, and other like facilities. To the extent allowed by the Law and the Act, the Agency reserves the authority to participate in the finding of local improvement district facilities. This participation may include either direct funding to reduce the overall cost of the LID or to participate as an assessed entity to finance the LID project. 504.7 Issuance of Debt and Debt Limitation Any debt incurred by the Agency as allowed by the Law and Act shall be secured by revenues identified in the debt resolution or revenue allocation funds as allowed by the Act. All such debt shall be repaid within the duration of this Plan, except as may be authorized by law. 504.5 Impact on Other Taxing Districts and Levy Rate A specific delineation of tax dollars generated by revenue allocation upon each taxing district has not been prepared. The overall impact of the revenue allocation project is shown in the Study. Pursuant to Idaho Code, Section 63-802, taxing entities are constrained in establishing levy rates by a function of the amount each budget of each taxing district can increase on an annual basis. The amounts set forth in the Study would constitute the amounts distributed to other taxing entities from the Revenue Allocation Area if there were no urban renewal project. Each individual district's share of that amount would be determined by its particular levy rate as compared to the other districts in any given year. Therefore, the impact of 33 revenue allocation is more of a product of the imposition of Section 63-802. In addition, without the revenue allocation district and its ability to pay for public improvements and public facilities, fewer substantial improvements within the Revenue Allocation Area would be expected in the next five to ten years, hence there would be lower increases in assessed valuation to be used by the taxing entities. If the overall levy rate is less than assumed, the Agency will receive fewer funds from revenue allocation. The assessed value for each property in a revenue allocation area consists of a base value and an increment value. The base value is the assessed value as of January 1 of the year in which a revenue allocation area is approved by a municipality, with periodic adjustments allowed by Idaho state code. The increment value is the difference between the base assessed value and current assessed value in any given year while the property is in a revenue allocation area. Under Section § 63-802, Idaho Code, taxing entities are constrained in establishing levy rates by the amount each budget of each taxing district can increase on an annual basis. Taxing entities submit proposed budgets to the County Board of Commissioners, which budgets are required to comply with the limitations set forth in Section 63-802, Idaho Code. The County Board of Commissioners calculates the levy rate required to produce the proposed budget amount for each taxing entity using the assessed values which are subject to each taxing entity's levy rate. Assessed values in urban renewal districts which are subject to revenue allocation (incremental values) are not included in this calculation. The combined levy rate for the taxing entities is applied to the incremental property values in a revenue allocation area to determine the amount of property tax revenue which is allocated to an urban renewal agency. The property taxes generated by the property values in the urban renewal districts that are not subject to revenue allocation and by properties outside revenue allocation areas are distributed to the other taxing entities. Properties in revenue allocation areas are subject to the same levy rate as they would be outside a revenue allocation area. The difference is how the revenue is distributed. In addition, without the Revenue Allocation Area and its ability to pay for public improvements and public facilities, fewer substantial improvements within the Revenue Allocation Area would be expected in the next five to ten years; hence, there would be lower increases in assessed valuation to be used by the other taxing entities. If the overall Ievy rate is less than as assumed, the Agency shall receive fewer funds from revenue allocation. One result of Section 63-802, Idaho Code and Section 63-301A, Idaho Code is the likely reduction of the levy rate as assessed values increase for property within each taxing entity's jurisdiction. If the overall levy rate is less than as assumed, the Agency shall receive fewer funds from revenue allocation. Section 63-301A, Idaho Code, prohibits taxing entities from including, as part of the new construction roll, the increased value related to new construction within a revenue allocation area until the revenue allocation authority is terminated. Any new construction within the Project Area will no longer be available for inclusion by the taxing entities to increase their budgets. Less tax revenue will be available to those taxing entities. Upon termination of this Plan, the taxing entities will be able to include the accumulated new 34 construction roll value in setting the following year's budget and revenue from such value is not limited to the three percent increase allowed in Section 63-802(1)(a). Section 63-802, Idaho Code, may have the effect of reducing the levy rate as assessed values increase for property within each taxing entity's jurisdiction; however, it is unclear how Section 63-602KK may impact the levy rate. The Study has made certain assumptions concerning the levy rate. The levy rate is estimated to stay level for the life of the revenue allocation area. The annual increment value is expected to increase by approximately 3% (1 % increase in land values and 2% increase in improvement values) a year with larger increases expected throughout the life of the District due to probable commercial and residential developments. If the overall levy rate is less than projected, the Agency shall receive fewer funds from revenue allocation. The 2008 Idaho Legislature passed and Governor Otter signed House Bill 470 as amended in the Idaho Senate, which bill became effective retroactive to January 1, 2008 (Session Laws, Chapter 253). The bill amended Idaho Code Sections 50-2908, 63-803, and 63-811. In brief, the bill provided that an urban renewal agency shall not be entitled to revenue allocation proceeds from certain levy increases which are allowed by either specific statutory authorization or approved by an election of the qualified electors of the particular taxing district. Therefore, for any levy election held after January 1, 2008, the Agency will not receive revenue allocation funds which would have been generated by imposing that levy on the assessed valuation within the Project Area. Additionally, as this Plan has been adopted after January 1, 2008, any voter approved levy adopted prior to January 1, 2008, will not be available for use by the Agency. The Study which is attached as Attachments 5.1-5.4 has taken this statute into account. The levy rates for the Vilest Ada School District and the County shown above are the aggregate levy rates for the school district and County as of 2016 less voter approved levies. The Study has assumed the impact of House Bill 470. Generally, the impact on the taxing entities would be to determine the Agency's projected revenue and disburse those funds in the same ratio as the respective levy rates in the Revenue Allocation Area of each taxing district. For Tax Year 2015, those districts and rates are as follows for properties located within the City: Taxing District Total Levy Rate Exempt From Urban Renewal Urban Renewal Applicable Ada County Current Expense 0.002278652 0 0.002278652 Tort 0 0 0 Bond 0 0 0 Charit / Indigent 0.000308508 0 0.000308508 District Court 0.00026101 0 0.00026101 Health. 0.000059924 0 0.000059924 Noxious Weeds 0.000015996 0 0.000015996 Parks and Recreation 0.000005486 0 0.000005486 Revaluation 0.000094225 0 0.000094225 Veterans' Memorial 0.000000631 0.000000631 35 Total Ada County 0.003024432 0 0.003024432 City of Meridian General Fund 0.004005842 0 0.004005842 Total City of Meridian 0.004005842 0 0.004005842 West Ada School District 42 M&O 0 0 0 Tort 0.000018532 0.000018532 0 Bond 0.001573513 0.001573513 0 Emergency 0,000078696 0.000078696 0 Plant Facility 0,001425011 0.001425011 0 Permanent Override 0 0 0 Supplemental 0.000991475 0.000991475 0 63-1035 Judgment 0.000000193 0.000000193 0 Total West Ada #2 0.00408742 0.00408742 0 Ada County EMS M&O 0.000157028 0 0.000157028 Total EMS 0.000157028 0 0.000157028 Meridian Cemetery M&O 0.000072285 0 0.000072285 Total Cemetery 0.000072285 0 0.000072285 Ada Coun Highway M&O 0.001083315 0 0.001083315 Total ACHD 0.001083315 0 0.001083315 CWI M&O 0.00016628 0 0.00016628 Total CWI 0.00016628 0 0.00016628 Meridian Free Library M&O 0.000559958 0 0.000559958 Total Library 0.000559958 0 0.000559958 Mosquito Abatement M & O 0.000030348 0 0.000030348 Total Mosquito Abatement 0.000030348 0 0.000030348 West Ada Recreation M & O 0.000086663 00.000086663 Total West Ada Recreation 0.000086663 0 0.000086663 951 Total Levy 0.013273571 0.00408742 0.00918615 505 Phasing and Other Fund Sources The Agency anticipates funding a major portion of the cost of the public improvements shown on Attachments 5.1-5.4. Other sources of funds shall include developer contributions and City and other public agency participation. Agency participation shall be determined by the amount of revenue allocation funds generated. 506 Lease Revenue, Parking Revenue, and Bonds Under the Law, the Agency is authorized to issue revenue bonds to finance certain public improvements identified in the Plan. Under that type of financing, the public entity would pay the Agency a lease payment annually, which provides certain funds to the Agency to retire the bond debt. Another variation of this type of financing is sometimes referred to as conduit financing, which provides a mechanism where the Agency uses its bonding authority for the Project, with the end user making payments to the Agency to retire the bond debt. These sources of revenues are not related to revenue allocation funds and may not be particularly noted in the Study, because of the "pass through" aspects of the financing. Under the Act, the economic feasibility study focuses on the revenue allocation aspects of the Agency's financial model. These financing models typically are for a longer period of time than the 20 -year period set forth in the Act. However, these financing models do not involve revenue allocation funds, but rather funds from the end users which provide a funding source for the Agency to continue to own and operate the facility beyond the term of the Plan as allowed by Idaho Code Section 50- 2905($) as those resources involve funds not related to revenue allocation funds. 507 Capital Improvement Contribution Policy The Agency does hereby establish and fix the following policy for the Agency supported design, acquisition, and construction costs of the development of new utilities, streets or bridges or the extension of any existing street within the Project Area as described and defined in the Plan. 507.1 Streets All streets constructed within the boundaries of the Ten Mile Urban Renewal District shall be developed in accordance with the adopted standards of the Ada County Highway District. Design of all streets will be subject to review and approval of the ACRD and the Agency. 37 507.2 Utilities All public and private utilities constructed within the boundaries of the Ten Mile Urban Renewal District shall be developed in accordance with the adopted standards of the entity who will ultimately assume responsibility for on-going operations and maintenance of such facility. Design of such utilities will be subject to the review and approval of the City of Meridian, the applicable private utility provider and the Agency 507.3 Pedestrian and Bicycle Facilities All sidewalks and bicycle lanes constructed in conjunction with streets within the Ten Mile Urban Renewal District shall be developed in accordance with the adopted standards of the Ada County Highway District. Off-street pedestrian and bicycle facilities shall be developed accordance with the adopted standards of the City of Meridian. Design of such facilities shall be subject to the review and approval of ACRD or the City of Meridian as appropriate and the Agency. 508 Improvement Design and Construction It is anticipated that the public improvements to be installed in the District will be designed and constructed by the Developer in accordance with the design requirements of the City of Meridian, the Ada County Highway District, the Idaho Department of Transportation ("ITD") and relevant utility providers in the area, as applicable. The terms and conditions of reimbursement for the design and construction costs will be set forth in the agreement between the Developer and the Agency. 509 Engineer's Estimate The Developer's obligation shall be calculated based upon an engineer's estimate of the costs described above. Upon completion of construction, the actual costs shall be determined by the project engineer. If the actual costs are less than the engineer's estimate, the difference shall be reimbursed to the Developer. 510 Time of Payment The Developer shall pay such amount no later than the commencement of construction of the street project; provided, however, the Agency, in its sole discretion, may agree to defer the Developer's payment until completion of the project or until the time the Developer actually commences improvements on the Developer's property. In the event the payment is deferred, the Developer's contribution shall be based upon the actual cost of construction for the improvements described above. Additionally, in the event the payment is deferred, the Developer's obligation to pay shall be contained within the agreement referenced below, and an appropriate memorandum of agreement shall be filed against the property through the County Recorder's office. The Agency shall request that the City not issue a building permit until the payment is made. 511 Sidewalks The Developer shall be solely responsible for the design and construction of sidewalks adjacent to the street along the property frontage of the Developer. The sidewalk shall be constructed upon commencement of construction of improvements to the Developer's property. The design shall be approved by the Agency and must meet Agency standards. This obligation by the Developer shall be contained within the agreement and subject to the other provisions of Section 507.5 above. 512 Memorialization of Agreement The obligations of the Developer as described herein shall be memorialized in either an owner -participation agreement or a disposition and development agreement as defined in the Plan. Such agreement shall also commit the Developer to a specific scope of development for the Developer's property in compliance with the Plan, which agreement or memorandum of agreement small be recorded. 513 Meanings Words and phrases used in Section 507 shall have the meanings ascribed in the City of Meridian and Ada County Highways District ordinances 514 Retained Authority The Agency retains its authority to decide in its sole discretion not to proceed with the construction of any new street, street extension, or bridge in the event a Developer does not voluntarily agree to contribute to the cost of construction as described herein. 515 Developer/Owner Initiated Improvements The Agency recognizes the right and possible interest of Developers/Owners to initiate the construction of designated new streets and utilities in the Project Area through such methods: (a) One or more Local Improvement Districts ("LID"); (b) Private financing; or (c) Direct payment of construction costs. Any LID would be established by the City of Meridian or the Ada County Highway District. Any of the three alternatives listed above would provide a means of financing necessary public improvements before the Agency would have the necessary funds to pay for such improvements. As an incentive for such Developer/Owner financed improvements, the Agency may establish 39 provisions for reimbursement from available annual revenue allocation funds in an owner reimbursement agreement between the Agency and said Developer/Owner. For purposes of this section, "available annual revenue allocation funds" shall mean those incremental tax (revenue allocation) revenues received by the Agency after all necessary payments have been made to: (a) Pay the obligations of the Agency as described in Section 504G or any other obligations of the Agency; (b) Fund the Administration Fund; (c) Fund any Debt Service Reserve Fund deposits; and (d) Fund any other pre-existing obligations of the Agency. 516 Variance The Agency reserves the right to grant minor variations from these standards under the guidelines established under Section 407.10 of this Plan. 517 Agency Contribution The Agency reserves the discretion to provide additional contributions which may deviate from the above sections to more closely achieve the important objectives of the Plan, including increased or more desirable private development and land use in the Pian area. In those circumstances, the Agency may achieve the objectives of this Plan (such as greater open areas, more pedestrian -friendly environments, and the like) by funding the greater percentages of the street and utility contributions required herein. In those circumstances, the Agency shall provide an amount determined in an agreement with project participants. Provided, however, the private development under any circumstances must be completed no later than the termination date of this Plan as set forth in Section 500. The Agency reserves the right to adopt, by resolution, more detailed policies to implement this Section 507. Additionally, this commitment by the Agency and developer shall be included in an owner participation agreement as described in Section 303 of this Plan. 600 ACTIONS BY THE CITY The City has agreed to aid and cooperate with the Agency in carrying out this Plan and shall take all actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the area of conditions causing blight. Actions by the City will include, but not be limited to, the following: Institution and completion of proceedings necessary for changes and improvements in private and publicly owned utilities within or affecting the Project Area. b. Revision of zoning (if necessary) within the Project Area to permit the land uses and development authorized by this Plan. C. Imposition wherever necessary of appropriate controls within the limits of this Plan upon parcels in the Project Area to ensure their proper development and use. d. Provision for administrative enforcement of this Plan by the City after development. The City and the Agency may develop and provide for enforcement of a program for continued maintenance by owners of all real property, both public and private, within the Project Area throughout the duration of this Plan. e. Building Code enforcement. f. Performance of the above actions and of all other functions and services relating to public peace, health, safety, and physical development normally rendered in accordance with a schedule which will permit the redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays. g. Institutional and completion of proceedings necessary for the establishment of local improvement districts under Chapter 17, Title 50, Idaho Code as appropriate. h. The undertaking and completing of any other proceedings necessary to carry out the Project. Administration of Community Development Block Grant funds that may be made available for this Project. Appropriate agreements with the Agency for administration, supporting services, funding sources, and the like. k. Imposition, whenever necessary of controls within the limits of this Plan upon parcels in the Project Area to ensure their proper development and use. 1. Joint funding of certain public improvements, including but not limited to improvements to sewer treatment facilities as needed. M. Use of public entity labor, services, and materials for construction of the public improvements listed in this Plan, if required. n. Preservation of historical sites (if possible). 41 The foregoing actions to be taken by the City do not constitute any commitment for financial outlays by the City. 601 Maintenance of Public Improvements The Agency has not identified any commitment or obligation for long-term maintenance of the public improvements identified. The Agency will need to address this issue with the appropriate entity, public or private, who has benefited from or is involved in the ongoing preservation of the public improvement. 700 ENFORCEMENT The administration and efforts to assure compliance with this Plan, including the preparation and execution of any documents implementing this Plan, will be perfonrned by the Agency and/or the City, as applicable. The provisions of this Plan or other documents entered into pursuant to this Plan may also be enforced by court litigation instituted by either the Agency or the City. Such remedies may include, but are not limited to, specific performance, damages, reentry, injunctions, or any other remedies appropriate to the purposes of this Plan. In addition, any recorded provisions which are expressly for the benefit of owners of property in the Project Area may be enforced by such owners. 800 DURATION OF THIS PLAN, TERMINATION, AND ASSET REVIEW Except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan, shall be effective for twenty (20) years from the effective date of the Plan subject to modifications and/or extensions set forth in Idaho Code § 50-2904. The revenue allocation authority will expire on December 31, 2036, except for any revenue allocation proceeds received in calendar year 2037. This Plan shall terminate no later than December 31, 2036, except for revenues which may be received in 2037. In order to provide sufficient notice of termination to the affected taxing districts, either on May 1, 2036, or if the Agency determines an earlier terminate date: a. When the Revenue Allocation Area plan budget estimates that all financial obligations have been provided for, the principal of and interest on such moneys, indebtedness, and bonds have been paid in full or when deposits in the special fund or funds created under this chapter are sufficient to pay such principal and interest as they come due, and to fund reserves, if any, or any other obligations of the Agency funded through revenue allocation proceeds shall be satisfied and the Agency has determined no additional project costs need be funded through revenue allocation financing, the allocation of revenues under Section 50-2908, Idaho Code, shall thereupon cease; any moneys in such fund or funds in excess of 42 the amount necessary to pay such principal and interest shall be distributed to the affected taxing districts in which the Revenue Allocation Area is located in the same manner and proportion as the most recent distribution to the affected taxing districts of the taxes on the taxable property located within the Revenue Allocation Area; and the powers granted to the urban renewal agency under Section 50-2909, Idaho Code, shall thereupon terminate. b. In determining the termination date, the Plan shall recognize that the Agency shall receive allocation of revenues in the calendar year following the last year of the revenue allocation provision described in the Plan. C. For the fiscal year that immediately predates the termination date, the Agency shall adopt and publish a budget specifically for the projected revenues and expenses of the Plan and make a determination as to whether the Revenue Allocation Area can be terminated before January I of the termination year pursuant to the terms of Section 50-2909(4), Idaho Code. In the event that the Agency determines that current tax year revenues are sufficient to cover all estimated expenses for the current year and all future years, by May 1, but in any event, no later than September 1, the Agency shall adopt a resolution advising and notifying the local governing body, the county auditor, and the State Tax Commission, recommending the adoption of an ordinance for termination of the Revenue Allocation Area by December 31 of the current year, and declaring a surplus to be distributed as described in Section 50-2909, Idaho Code, should a surplus be determined to exist. The Agency shall cause the ordinance to be filed with the office of the county recorder and the Idaho State Tax Commission as provided in Section 63-215, Idaho Code. Upon termination of the revenue allocation authority of the Plan to the extent the Agency owns or possesses any assets, the Agency shall dispose of any remaining assets by granting or conveying or dedicating such assets to the appropriate public entity. As allowed by Idaho Code Section 50-2905($), the Agency may retain assets or revenues generated from such assets as loans; the Agency shall have resources other than revenue allocation funds to operate and manage such assets. Similarly, facilities which provide a lease income stream to the Agency for full retirement of the facility debt will allow the Agency to meet debt services obligations and provide for the continued operation and management of the facility. For those assets which do not provide such resources or revenues, the Agency will likely convey such assets to the City or other public entity, depending on the nature of the asset. Upon termination of the revenue allocation authority of the Plan, to the extent the Agency owns or possesses any assets, the Agency shall dispose of any remaining assets by granting or conveying or dedicating such assets to the City or other public entity. 43 900 PROCEDURE FOR AMENDMENT The Plan may be further refined at any time by the Agency provided that, if relined after disposition of real property in the Project Area, the modifications must be consented to by the developer or developers or his successor or successors of such real property whose interest is substantially affected by the proposed refinement to be effective against such persons or entities. Where the proposed refinement will substantially change the Plan, the refinements must be approved by the City Council in the same manner as the original Plan. Substantial changes for City Council approval purposes shall be regarded as revisions in project boundaries, land uses permitted, land acquisition, and other changes which will violate the objectives of this Plan. Amendments are subject to certain limitations as set forth in Idaho Code § 50-2033; however, amendments that do not seek to increase the geographic area of the plan, or do not seek to extend the years of the plan beyond the maximum term allowed are permissible, and include amendments to add additional substantially different sub -projects that were not originally anticipated and included in the Plan. 1000 SEVERABILITY If any one or more of the provisions contained in this Plan to be performed on the part of the Agency shall be declared by any court of competent jurisdiction to be contrary to law, then such provision or provisions shall be null and void and shall be deemed separable from the remaining provisions in this Plan and shall in no way affect the validity of the other provisions of this Plan. 1100 ANNUAL REPORT Under the Law, the Agency is required to file with the City, on or before March 31 of each year, a report of the Agency's activities for the preceding calendar year, which report shall include a complete financial statement setting forth its assets, liabilities, income, and operating expenses as of the end of such calendar year. This annual report shall be considered at a public meeting to report these findings and take comments from the public. Additionally, House Bill 560 adopted by the 62nd Idaho Legislature, Second Regular Session, codified at Idaho Code Section 67-450E, requires the Agency to comply with certain reporting requirements. On or before December I of each year, the Agency must submit to the online central registry certain administrative information and financial information, including information regarding bonds or other indebtedness. Failure to comply with the mandatory reporting requirements may result in compliance measures imposed by the Ada County Board of County Commissioners. 1101 APPENDICES, ATTACHMENTS, EXHIBITS, TABLES All attachments and tables referenced in this Plan are attached and incorporated herein by their reference. All other documents referenced in this Plan but not attached are incorporated by their reference as if set forth fully. Attachment 1 Project Area and Revenue Allocation Area Boundary Map Franklin r Crest � Wood ily Greenhead K-,nva C H n Pintail s Bayeux k 4 00 Gander du Wallman Brown a ` m Trout " 'Eider t. m F! i � J Verbena %'1 Pe ' Interstate 84 Legend NOya ,.Tasa N � L"� ren Mile Sp eft Area Flan Silver7emace Q ` @ Dutch [7� fievanue AlYxatian Area �I °/s r Farm ay Thom Overland O Attgehment 2 Description of Project Area and Revenue Allocation Area This Project Area is located within the City of Meridian between I-84 and Franklin Road east of Ten Mile Road, The Project Area consists of approximately 301.45 acres (Excluding public rights-of- way) as more particularly described as follows: April 29, 2016 Project No. 115055 THE LAND GROUP, INC. Exhibit "A„ TEN MILE URBAN RENEWAL DISTRICT DESCRIPTION A parcel of land located in the North One Half, and the Southwest One Quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Northwest Corner of Section 14 of said Township 3 North, Range 1 West, said point being the POINT OF BEGINNING; Thence South 89°09'27" East, a distance of 2657.99 feet on the northerly line of said Section 14 to the North One Quarter Corner of said Section 14; Thence South 89"13'26" East, a distance of 786.90 feet on the northerly line of said Section 14 to the Northwest corner of the "Parcel 2" as described in Record of Survey Number 5870, recorded as Instrument Number 102077543, Ada County Records; Thence South 00°33'13" West, a distance of 234.03 feet to the Southwest corner of said "Parcel 2"; Thence South 76"26'48" East, a distance of 556.62 feet to the Southeast corner of said "Parcel 2", said point being on the north -south 1/16th Section line of the NE 1/4 of said Section 14; Thence South 00°34'59" West, a distance of 2009.77 feet on said 1/16th line to an angle point in the southerly boundary line of the parcel described in Record of Survey Number 8353, recorded as Instrument Number 108074837, Ada County Records; Thence North 89'13'39" West, a distance of 450.00 feet on the boundary line described in said Record of Survey Number 8353; Thence South 00'35'31" West, a distance of 290.40 feet on the boundary line described in said Record of Survey Number 8353; Thence North 89°11'30" West, a distance of 879.81 feet on the boundary line described in said Record of Survey Number 8353 to the Northeast corner of the parcel described in Record of Survey Number 10438, recorded as Instrument Number 2016-024674, said point also being the Center One Quarter Corner of said Section 14; Thence South 00°35'32" West, a distance of 1344.58 feet on the easterly boundary of the parcel described in said Record of Survey Number 10438 to a point on the Southerly boundary of the parcel described in said Record of Survey Number 10438, said point being on the northerly right-of-way line of Interstate Highway 1-84; Thence on the southerly boundary of the parcel described in said Record of Survey Number 10438 and the northerly right-of-way line of Interstate Highway 1-84 for the following courses and distances; Thence North 89°34'03" West, a distance of 501.32 feet; Thence North 81°01'33" West, a distance of 83.12 feet; Thence North 85°34'01" West, a distance of 670.00 feet; Thence North 04°25'59" East, a distance of 25.00 feet; Thence North 85"34'01" West, a distance o€110.00 feet; Thence South 04"25'59" West, a distance o€15.00 feet; Thence North 81°28'53" West, a distance of 421.07 feet,- Site eet; Site Planning • Landscape Architecture: a Civil Engineering • Golf Course irrigation & Engineering a Graphic Design • Surveying 462 E. Shore Drive, Suite 100 9 Eagle, Idaho 83616 - P 208.939.4041 • www. thelandgroupinc.com Thence North 82"36'22" West, a distance of 580.78 feet; Thence North 73°55'01" West, a distance of 104.00 feet; Thence North 46°58'34" West, a distance of 166.76 feet; Thence North 12°45'45" West, a distance of 92.20 feet; Thence leaving the northerly right-of-way line of Interstate Highway 1-84 and on the easterly right-of- way line of South Ten Mile Road for the following courses and distances: Thence North 01°31'40" West, a distance of 468.03 feet; Thence North 89'42'50" West, a distance of 4.00 feet; Thence North 00°30'10" East, a distance of 177.37 feet to a point on the westerly boundary of the parcel described in said Record of Survey Number 10438; Thence North 89°29'57" West, a distance of 35.97 feet to a point on the section line common to said Section 14 and Section 15 of said Township 3 North, Range 1 West; Thence North 00`29'59" East, a distance of 279.65 feet on said section line to the West One Quarter Corner of said Section 14; Thence North 00°33'32" East, a distance of 2658.34 feet on said Section line to the point of beginning. The above described parcel contains 312.23 acres more or less. PREPARED BY: THE LAND GROUP, INC. James R. Washburn Site Planning - Landscape Architecture • Civil Engineering Golf Course irrigation & Engineering , Graphic Design • Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 F 208.939.4445 • w%vw,thelandgrou pinc. cam P0114T OF BEGINNING NW CORNER S. 14 T. 3 N„ R. 1 W., B PA, 5.18 S.ii Ti'EST PRAJVICLIN ROAD 5.15 5 14 4 0 U U S.1S ,1I4 / Exhibit "D" THE LAND GROUP AM XerAZ, f W— F2 E2:1 r . m Dime, Sum 1:0 sw,mFiWliEaZ�agti3�3 4031 'faz�209. 4a �^d Y15 n.�w Dxe IYa 5,11 5.12 5.14 S.15 cz �J yl I CENTER 114 N 9fMM I •V9 Exhibit "D" Ten mile Urban Renewal District Description Meridian Va—. ANI :Fill �3 �dab� 1 of 1 Ten Mile URA Ownerships SCS Brighton LLC 12601 W EXPLORER DR STE 200 BOISE, ID 83713 Parcel Number: 51214314810 Parcel description: PAR #4810 @ NE COR NW4SW4 SEC 14 3N 1W #314807-C, #325415-C, #325505-C Parcel Number: S1214223260 Parcel description: PAR #3260 @ SE COR NW4NW4 SEC 14 3N 1W #223250-C, #223015-C Parcel Number: S1214212560 Parcel description: PAR #2560 @ W SIDE NE4NW4 SEC 14 3N 1W #223207-13 Parcel Number: S1214212800 Parcel description: PAR #2800 @ SW COR NE4NW4 SEC 14 3N 1W #223405-B Parcel Number: 51214212580 Parcel description: PAR 42580 NR N SIDE NE 4NW4 SEC 14 3N 1W #2126205 Parcel Number: 51214212820 Parcel description: PAR #2820 @ S SIDE NE4NW4 SEC 14 3N 1W #212620S Parcel Number:S1214212740 Parcel description: PAR #2740 POR NE4NW4 TEN MILE STUB DRAIN SEC 14 3N 1W #121170S Parcel Number: 51214212720 Parcel description: PAR #2720 @ W SIDE NE4NW4 TEN MILE STUB DRAIN SEC 14 3N 1W #121170S Treasure Valley Investments 4313 Mansville Dr. Danville, CA 94506 Parcel Number: 51214233665 Parcel Description: PAR #36665 OF S2N2 SEC 14 3N 1W Parcel Number: 51214234020 Parcel Description: PAR #4020 @ SW COR SW4NW4 SEC 14 3N 1W Parcel Number: S1214223567 Parcel Description: PAR #3567 NW4NW4 S OF KENNEDY LATERAL EXC R/W SEC 14 3N 1W #223565-B Kostka and Calnon, LLC 2215 W. Franklin Road Meridian, Idaho 83642 Parcel Number: 51214120710 Parcel Description: PAR #0710 @N SIDE NW4NE4 SEC 14 3N 1W #120700-B Parcel Number: 51214121172 Parcel Description: PAR #1172 POR N2 NWNE4 NE4NW TEN MILE STUB DRAIN SEC 14 3N 1W #121170-B Parcel Number: S1214121133 Parcel Description: PAR 41130 S'LY POR NW4NE4 &NE4NW4 SEC 14 3N 1W #121130-B Parcel Number: S1214212622 Parcel Description: PAR #2622 POR NW4NE4 & NE4NW4 SEC 14 3N 1W #212620-B Parcel Number: S1214121134 Parcel Description: PAR #1134 POR NW4NE4 SEC 14 3N 1W PARCEL B R/S 8885 #121132- S Attachment 3 Private Properties Which May Be Acquired by Agency 1. Property is intended to be acquired that is necessary for the extension or expansion of certain rights-of-way for streets, utilities and pedestrian / bicycle trails. No other particular properties have been identified for acquisition by the Agency. The Agency does not intend to purchase property for future development by private persons. 2. The Agency reserves the right to acquire any additional right-of-way or access routes near or around existing or planned rights-of-way. 3. The Agency reserves the right to acquire property needed for the development of public improvements and public facilities and/or to further remediation of environmental conditions that may exist on private property. 4. The Agency reserves the right to acquire deteriorated or deteriorating property in the Project Area for subsequent public use or other lawful disposition as part of its efforts to clean up, revitalize, rehabilitate, develop and/or redevelop property in the Project Area. Attachment 4 Maps Depicting Expected Land Uses and Current Zoning Within Revenue Allocation Area and Project Area Future Land Uses LOR MUN MDR TM Cry MHDR – Pipe —, HDR LDE - COM - HOE OFF ® Park - No 1. •i i ME ow mu -PAS OT ® MU-com Muc - Lc Greenryea� Mra1vJu v �c + _ _ _ Franklin. -' •, �..I Great , a ! eW 9116`1 = State ire Pine Jaytun A Rne GN O -T Idaho ' Broadway 6 * __ --f`Yii--tiL ..•.—T�t+..rte-_- ....+.�-ti_._,_ C -C R -z - ) ~��\`10ranklin Bower a � L Taylor i Ada A6 . 16 -] r� o •.-•4 Ireal i4ing _ - L-0 R -13C � Wood lY u Saylor Greenryea� Mra1vJu P+rslafl _ _ _ Franklin. -' •, �..I Great �' r,_.,._ •�. �'--'�'.�' Brawn Wood _:S Trout Eider J Verbena Fionkar Greenlje krrhra A Silver , iaaa Terrace 4 - Overland —� o ye a Legend • �iJ'ti♦\` Ther a L Ten Mile SpecAic Area Plan 1 f I 1:) 4euenue AllmiWArea Lamontr5pe00 rfa /r. 0 No 1,000 2AW 3, Po � Zoning rQ t co;:1 Rne GN O -T Pine Jayson �. c Idaho AA �. C -C R -z ~ I Broadway - L-0 R -13C lY u Saylor TNL - R-40_ _ _ _ Franklin. -' •, �..I Great �' TN -R I Wood _:S °A j Greenlje krrhra A C 1 n�W o6d m Pintail ogre! CorPprafe. Brown } on Waltman �a '—� ~' Trout Eider y°dkef } •+ . v + Verbena ^1 y. a9uero Silver I •rasa Terrace 1 Overland P no ' age N 0 • a H • Legend 0 l Y be, Y ' L _ Ravenu• A9lacatiu A es � Ten Mile Specific Area Plan Lamont • r r — - — . — . — . @nCiOf e Trac tO . 0� 1.OD0 Z.d3) { C 3.1Feet Attachments 5.1-5.4 ATTACHMENT 5.1 Public Improvements within the Revenue Allocation Area This attachment includes a projected list of proposed public works or improvements within the Project area. The Project area includes streets and other public rights-of-way. The Meridian Development Corporation (MDC) Improvement List identifies needed investments in capital facilities. Capital facilities generally have long useful lives and significant costs. Some of the improvement projects contained in the MDC Public Improvement List are also contained in the Ten Mile Interchange Specific Area Pian. Some improvement projects included in the MDC Public Improvement List have evolved upon consideration of these and various other City plans and polices, including the Comprehensive Plan, and may have potential grant funding. The project list is not an appropriation or approval of any specific project. The identification of projects needs to be flexible and updated periodically to respond to changing circumstances. The Ten Mile Urban Renewal Plan covers the 20 -year period 2017 to 2037. The Ten Mile A URD is estimated to generate $48,091,696 in tax increment revenue between 2018 and 2037 in addition to the initial $50,000 loan from the City of Meridian to activate the program. The total from both sources is estimated to be $48,141,696. There is presently $20,413,300 of project costs identified in the Public Improvement List for public improvement costs provided by the developer. Interest on the debt incurred through the anticipated Owner Participation Agreement (OPA) and City loan is estimated at $5,240,540. Administrative costs over the 20 -year life of the district are estimated at $978,848. Total estimated expenditures therefore, equal $33,098,820 leaving a positive program balance of $15,042,876 at the end of the 20 -year term. See attached cash flow analysis for detailed estimates. Secure funding includes revenue allocation funds and is money the MDC is highly likely to receive. The funds may not be in the MDC's possession at the beginning of the Plan period, but it is virtually certain that the Agency will receive the funds. The MDC may need to take specific actions to generate the funding, but those actions are within their powers. Despite the high probability of secure funding, no project can proceed until a specific, enforceable funding plan is in place. Potential funding is money that might be received by the MDC. In every case the MDC is eligible for the funding, and the source of funding exists under current law. However, each potential funding source requires one or more additional steps or decisions before the MDC can obtain the resources, and the ultimate decision is outside of the MDC's independent control. Grant funds are an example of potential funding. Thus potential funding is not assumed in determining financial feasibility. Unfunded projects, or portions of projects lack secure or potential funding. The amount of tax increment contributed to each project will vary. These projects may be funded in part from a variety of other revenue sources. The timing of each project and the availability of all revenue sources will determine the final combination of funding sources. The plan proposes certain public improvements that will facilitate development and support rehabilitation in the Project area. The investments will be funded from a variety of financing methods and sources. The primary method of financing will be through the use of tax increment revenue (i.e., incremental property taxes from the revenue allocation area). This plan anticipates that the tax increment revenue may be used to pay for improvements through an Owner Participation Agreements with developers of property located within the district. The issuance of bonds is not anticipated in this analysis of financial feasibility but may be an option to be pursued during the life of the district. Other sources of funding for project may include, but are not limited to: + Local Improvement District (LID) • Business Improvement District (BID) + Development Impact Fees + Franchise Fees + Grants from federal, state, local, regional agencies and/or private entities + Other bonds, notes and/or loans + Improvements and/or payments by developers The total project costs and the amount of tax increment contributed to each project are estimates. The estimated project costs and revenues are based on the MDC's present knowledge and expectations supported by detailed information from development interests associated with the properties in the District. The MDC may modify the projects and/or the plan if the Board deems such modifications necessary to effectuate the plan. The timing of each project and the availability of all revenue sources will determine the final combination of funding sources. Assuming the Ten Mile Urban Renewal Plan is adopted and in force before July 1, 2016, such modifications to the Plan will be permissible. If the Plan is adopted after July 1, 2016, the provisions of legislation adopted by the Idaho Legislature in 2016 may cause any modification to the Plan to trigger the resetting of the base value to the then -current market value thus eliminating any incremental value accrued to that date. Summary of Proiects The following tables summarize the estimated total costs for each project category. Specific project funding will be reviewed by the MDC Board during the development of the Owner Participation Agreements, the execution of and any up -dates to such agreements. The numbers displayed below represent the full public improvement costs including right -of way acquisition and full roadway improvements, sidewalks and pedestrian ways, drainage improvements as well as public and private utilities. The improvements and estimated costs are listed by street segment as reflected in the attached map of the District. The costs presented are in 2016 dollars and are not inflated overtime. Developer Projects: Ten Mile Urban Renewal District Segment 1 $462,308 $690,685 $1,160,586 $1,967,642 $1,094,947 $1,645,222 $4,284,734 $3,442,813 $2,223,384 $959,575 $905,984 $3,000,000 $251,570 $1,100,000 $223,850 $23,413,300 Segment 2 Segment 3 Segment 4 Segment S Segment 6 Segment 7 Segment 8 Segment 9 Segment 10 Segment 11 Segment 12 (Kennedy Lateral) Segment 13 (street Lights on Ten Mile & Franklin Rd) Segment 14 (Traffic Signals at 4 intersections) Segment 15 (Ten Mile and Franklin Street Frontage Improvements) Total Project Costs (un -inflated dollars) Legend Parcels Segments Segment #1 Segment #2 Segment #3 Segment #4 o� Segment #5 Segment #6 Segment #7 w.w Segment #8 Segment #9 Segment #10 i Segment #11 Segment #12 Segment #13 Segment #14 Segment#15 84 Taso 0 H 0 500 1.000 2,000 Feel 0 G,eent'eod m c calcite V ,,,onzer -9 pinxa\1 a 0 h Bayeux Waltman 5 a Q' 3 Verbena o m a 4,y O Cost of Operations and Improvements by Year (20.7-2037) Year Secure Funding (TIF City of Meridian Loan) Potenti al Funding District Operating Expenses OPA Debt Service City Loan Debt Service Add'I Principal Payment Total Project Liabilities 2017 $50,000 $0 $25,000 $0 $0 $0 $25,000 2018 $3,535 $0 $25,000 $0 $0 $0 $25,000 2019 $358,006 $0 $35,901 $287,205 $11,000 $0 $334,105 2020 j $429,474 $0 $42,947 $343,579 $11,000 $0 $397,527 2021 $685,569 $0 $50,000 $548,455 $11,000 $0 $609,455 2022 $764,912 $0 $50,000 $611,930 $11,000 $0 $672,930 2023 $1,037,504 $0 $50,000 $830,003 $11,000 $0 $891,003 2024 $1,061,572 $0 $50,000 $849,258 $0 $0 $899,258 2025 $1,924,457 $0 $50,000 $1,539,566 $0 $500,000 $2,089,566 2026 $1,690,202 $0 $50,000 $1,352,162 $0 $500,000 $1,902,162 2027 $1,967,722 $0 $50,000 $1,574,178 $0 $100,000 $1,724,178 2028 $2,797,673 $0 $50,000 $2,234,138 $0 $900,000 $3,184,138 2029 $2,577,728 $0 $50,000 $2,062,182 $0 $250,000 $2,362,182 2030 $2,887,603 $0 $50,000 $2,310,082 $0 $500,000 $2,860,082 2031 $3,592,793 $0 $50,000 $2,874,234 $0 $500,000 $3,424,234 2032 $3,623,529 $0 $50,000 $2,898,823 $0 $750,000 $3,698,823 2033 $3,737,660 $0 $50,000 $2,990,128 $0 $1,000,000 $4,040,128 2034 $4,689,811 $0 $50,000 $3,759,049 $0 $0 $3,809,049 2035 $4,526,256 $0 $50,000 $3,621,005 0 $0 $50,000 2036 $4,923,647 $0 $50,000 $0 $0 $0 $50,000 2037 $4,807,043 $0 $50,000 $0 $0 $0 $50,040 2038 $0 $0 0 0 0 $0 Total $48,141,969 $0 $978,848 $30,685,977 $55,000 $5,000,000 $36,719,825 Note: This analysis anticipates a positive fund balance of $15,042,876 the end of the project. If Revenue Allocation funding exceeds the forecast amounts, earlier termination of the may be possible ATTACHMENT 5.2 Economic Feasibility Study The Meridian Development Corporation (MDC) Ten Mile Urban Renewal Plan is economically feasible because the proposed development is consistent with the City's Comprehensive Plan, the amount of growth in the area is consistent with the growth projected in the Comprehensive Plan and the revenue from the MDC Ten Mile Urban Renewal District equals or exceeds the estimated costs of the projects to be funded by the District. The economic feasibility of the MDC Ten Mile Urban Renewal Plan is based on the following factors: The amount of development proposed in the Project area • The amount of tax revenue to be generated by the proposed development • The amount of other revenue to be received for MDC public improvement projects • The cost of public improvement projects is to be funded by the MDC's tax increment MIFMIMIM • If revenue equals or exceeds project costs, the URA Plan is economically feasible. The following is a summary of the analysis and estimates of the factors used to determine the economic feasibility of Meridian's Ten Mile Urban Renewal Plan. Meridian Development Corporation Ten Mile Urban Renewal Plan Financial Feasibility Analysis Summary: It is estimated that over the course of the Revenue Allocation District, $48,091,696 of Tax Increment Revenue will be generated. It is also estimated that ten percent (10%) will be used annually for administration of the Urban Renewal District (capped at $50,000 / year for a total of $978,848 for administration costs over the 20 -year lifespan of the District. At this time, no Revenue bonds are planned for the Project Area; however, debt scenarios may be feasible as ultimate costs are determined and the cash flow refined should these estimates prove conservative. At the conclusion of the Ten Mile Urban Renewal District in 2037, the termination plan will submit any unspent funds by September 2038 to the County Treasurer to distribute to the taxing districts according to their levy percentages. The Cash Flow analysis indicates that there may be potential to terminate the district at an earlier point than suggested by the conservative estimates. The graph entitled "Ten Mile Urban Renewal District Cash Flow Analysis 2016" gives a more detailed outlook on the revenues and expenses of the MDC Ten Mile Urban Renewal District. The following assumptions were made in the formulation of the Financial Feasibility Analysis: o Land Value Increase @ 1%/Yr o Improvement Value Increase @ 2%/Yr. o Tax Rate remains constant o Total Cost (inflated) of Improvements over the life of the project: $21,829,482 o Developer installed improvements would be subject to an Owner Participation Agreement with MDC repaying the developer for such costs from the tax increment revenue generated by the project. o The Cash Flow Analysis assumes 80% Of the annual Revenue Allocation funds will be committed to repayment of the debt created through the OPA. o Additional principal payments are assumed as excess cash accumulates in the Ten Mile URD A Fund at the discretion of the MDC Board. o 10% of annual tax increment revenue would be allocated for District operational expenses, however that amount would be capped at $50,000 per year. o Tax rate does not include debt service for bonds issued after 2007, judgment levies or the School District Plant or supplemental levies excluded by law. The Financial Feasibility Analysis shows that the project is 100% financially feasible and will generate adequate funds within the project area to fund the necessary capital improvements. The Agency is committed to closing the district as soon as the project is deemed complete and all infrastructure improvements are made and financial obligations satisfied. This would result in a benefit to the taxing districts and taxpayers supporting those districts. R� W lY! 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P 0 w w w w w w w w w en w w w w w .w w w w w N 4ll In [n W Vl In In [P ill W WI Sn W N ill P A W 0 0 0 0 O 0 0' 0 O O O 0 O 0 0 O vl O O W OOOOOOOOOOOOQOO O J V N A .n Fn w w w w u+ w U. w w ur w w w an to w .n w w A A A A A W W W N N N r r Y H m o m in n os 'EF v n ae m `o b J m w w a ill J V A m v A W N A A J W W N W V W P m V W N V V N V O A V A V p W W W w N m N P V N A 41 Ui W Q i+i f+ R A P N W O V N O Ell V O H H N O m W W V (T r O s4 W W W w M N V N R N N P P N i°a g 1� D � 3 n Attachment 6 Ten Mile Urban Renewal District Eligibility Report -- September 2015 C �--- E IDIAMr, rr�nk,t� Ten Mile Urban Renewal District (Proposed) Eligibility Report Prepared for The City of Meridian and The Meridian Development Corporation November 2015 Kushlan I Associates Boise, Idaho Introduction: Kushlan j Associates was retained by the City of Meridian to assist in their consideration of establishing a new urban renewal district in the City of Meridian, Idaho. Elected Officials serving the City of Meridian are: Mayor: Council President: Council Vice President: Council Members: City Staff Community Development Director: Planning Division Manager: Economic Development Administrator: Tammy de Weerd Charles Rountree Keith Bird Joe Borton Luke Cavener Genesis Milam David Zaremba Bruce Chatterton Caleb Hood Brenda Sherwood Idaho statutes, at Title 50-2006 states: "URBAN RENEWAL AGENCY. (a) There is hereby created in each municipality an independent public body corporate and politic to be known as the "urban renewal agency" that was created by resolution as provided in section 50-2005" to carry out the powers enumerated in the statutes." The Meridian City Council adopted Resolution 01-397 on July 24, 20oi bringing forth those powers within the City of Meridian. The Mayor, with the confirmation of the City Council, has appointed nine members to the Urban Renewal Agency of the City of Meridian, also doing business as the Meridian Development Corporation (MDC). The MDC currently oversees the implementation of one urban renewal district focused on the revitalization of downtown Meridian that was established by the City Council's adoption of Ordinance No. 02-987 on December 3, 2002. The current membership of the Commission is as follows: Chair: Vice Chairman Secretary Commissioners Staff: Urban Renewal Administrator: Jim Escobar Dan Basalone David Winder Calvin Barrett Keith Bird Tammy de Weerd Kit Fitzgerald Eric Jensen Callie Zamzow Ashley Squyres Legal Counsel: Todd Lakey Map of Existing Downtown Meridian Urban Renewal District - —Cherry- - — - — - — . — j Fairview r ' U Gruber , : I N Elm _ °I4apie Badley 35 ° ferry :v 4 Washington `� Carlton ' ] i '4"hford Applegate f , Crderion � �� Stale \ i Pine Idaho 1 Broadwa�. l _ * I n City —. Hail Ada Taylor King Williams IL�J Franklin — - Q ' Gem a i1- Pennwood ,� WatertowerT--T .I . . i C©tporste �r J � Waltman P / Central ah' 8 A or ess. N fnterstM 84 Legend` v°trey Renew ... - - 0 5 5W 1,000 urs Feel Background: While Native Americans inhabited the area for centuries, the development of the community of Meridian, as we know it today, evolved through the late nineteenth century. European settlement started in the 188os and was originally located on a farm owned by the Onweiler family. A school was opened in 1885. The U.S. Postal Service established a mail drop along the Oregon Short Line Railroad and the site was named Hunter after its superintendent. Community activity grew around this mail stop focused on the railroad. In 1893 an Odd Fellows lodge was organized and called itself Meridian, acknowledging that it was located on the Boise Meridian the primary North-South survey benchmark for Idaho. That name grew in primary use as the name of the settlement and the Village of Meridian was incorporated in 19o3 with a population of approximately 200. The economy had traditionally been focused on the support of the surrounding agricultural activities. A major creamery was established in the community in 1897 to support the nearby dairies. Fruit orchards were located throughout the area. Meridian was a significant stop on the Interurban electric railway from 1908 to 1928. This service provided convenient access for passengers and freight in both easterly and westerly directions. Throughout most of the 20#" century, Meridian remained a relatively quiet community focused on its agricultural roots. US Census Bureau data, reflects a 1910 population of 619 people growing to 2,616 by 1970. However, starting in 1970 the pace of growth in Southwest Idaho quickened and Meridian's growth initially reflected, and then exceeded the regional rates by significant margins. Over the past twenty-five years the rate of growth has been startling by any reasonable standard. The following table reflects that population growth over the city's history. 1903 (Incorporation Estimate) 200 1910 619 1920 1,013 1930 1,004 1940 1,465 1950 2,081 1g6o 2,616 1970 6,658 1990 9,596 2000 34,919 2010 75,092 2014 (Estimate) 85,000 When income statistics are compared to statewide numbers, the population of Meridian compares favorably with the rest of Idaho in these categories. The median household income in Meridian is $63,571, approximately 37% above the statewide figure of $46,767. Per capita money income for the Meridian population is $26,377 as compared to the statewide number of $22,568. The percentage of the Meridian population below poverty level is 8.4% as compared to the statewide number of 15.5%. Investment Capacity: Cities across the nation actively participate in the economic vitality of their communities through investment in infrastructure. Water and sewer facilities as well as transportation, communication, electrical distribution and other systems are all integral elements of an economically viable community. Idaho cities have a significant challenge in responding to these demands along with the on-going need to reinvest in their general physical plant to ensure it does not deteriorate to the point of system failure. They face stringent statutory and constitutional limitations on revenue generation and debt as well as near total dependence upon state legislative action to provide funding options. These strictures severely constrain capital investment strategies. The tools made available to cities in Title 50, Chapters 20 and 29, the Urban Renewal Law and Economic Development Act are some of the few that are available to assist communities in their efforts to support economic vitality. New sources of State support are unlikely to become available in the foreseeable future, thus the City of Meridian's interest in exploring the potential for establishing their second urban renewal district is an appropriate public policy consideration. The City of Meridian initially established its Urban Renewal Agency in 2001. As noted above, its exclusive focus, limited by the boundaries of the district, is on the traditional downtown area of Meridian. Ten Mile Interchange Specific Area Plan The Idaho Transportation Department initiated planning for the development of a new interchange with Interstate 84 at Ten Mile Road in the 199os. Construction of the interchange was completed in 2012. In support of the State's investment and in anticipation of the resultant development pressure from the opening of the new interchange on the area immediately west of the Meridian City limits, the City initiated a broad-based planning effort for the general area. The Plan that was produced was the Ten Mile Interchange Specific Area Plan and was adopted by the City Council on June 19, 2007. The Plan remains in effect and is intended to guide development decisions within the study area. A map of the Ten Mile Interchange Specific Area Plan is provided below: As indicated in the Plan map, substantial public infrastructure is called for in implementing the development patterned envisioned. Thus far, development opportunities considered for the area covered by the Plan have been insufficient in scale to support the required public facility investment. This imbalance has thwarted the orderly implementation of the planning undertaken by the City and the property owners. This lack of progress has stimulated the current interest in exercising the powers granted under State Law in the establishment of a second urban renewal district in Meridian. Steps in Consideration of an Urban Renewal District: The first step in consideration of establishing an urban renewal district in Idaho is to define a potential area for analysis as to whether conditions exist within it to qualify for redevelopment activities under the statute. In this report, the lands evaluated are called the "Study Area". The next step in the process is to review the conditions within the Study Area to determine whether the area is eligible for creating a district. The State Law governing urban renewal sets out the following criteria, at least one of which must be found, for an area to be considered eligible for urban renewal activities. i. The Presence of a Substantial Number of Deteriorated or Deteriorating Structures; and Deterioration of Site; [50-2018(9); and 50-2903(8)(b) and (8)(c); and 52oo8(d)(4)(2) 2. Age or Obsolescence 150-2018(8) and 50-2903(8)(a)] 3. Predominance of Defective or Inadequate Street Layout L50-2018(9) and a. 50-2903(8) 4. Outmoded Street Patterns 150-2oo8(d)(4)(2) 5. Need for Correlation of Area with Other Areas of a Municipality by Streets; and Modern Traffic Requirements [50-2oo8(d)(4)(2)]. 6. Faulty Lot Layout in Relation to Size, Adequacy, Accessibility or Usefulness 150-2018(g) and 50-2903(8)(11)] 7. Unsuitable Topography or Faulty Lot Layouts [50-2008(d)(4)(2)] 8. Insanitary or Unsafe Conditions 150-2018(9)] and (5p -2903(8)(b)] 9. Diversity of Ownership 150-2018(9), 150-2903(8)(b) and (8)(c)]; and 150- a. 20o8(d)(4)(2)] 1o. Tax or Special Assessment Delinquency; 150-2018(9) 11. Defective or unusual condition of title; 150-2o18(g) 12. Substantially Impairs or Arrests the Sound Growth of a Municipality a. 150-2018(9) and 150-2903(8)(b) 13. Conditions Which Retard Development of the Area [50-2008(d)(4)(2)] 14. Results in Economic Underdevelopment of the Area [50-2903(8)(b)]; and Economic Disuse [50-20o8(d)(4)(2)] If the Eligibility Report finds that one or more of the conditions noted above exist within the Study Area, then the Urban Renewal Agency may adopt it and forward it to the City Council for their consideration. If the City Council concurs with the determination of the Urban Renewal Agency, they may direct that an Urban Renewal Plan be developed for the area that addresses the issues raised in the Eligibility Report. The Urban Renewal Agency, then acts to prepare the Urban Renewal Plan for the new District and determines whether to also recommend the establishment of a Revenue Allocation Area to fund improvements called for in the Plan. Once the Plan for the District and Revenue Allocation Area are completed, the Urban Renewal Board of Commissioners forwards it, along with their recommendation, to the City Council for their formal consideration. The City Council must refer the proposed Urban Renewal Plan to the Planning and Zoning Commission for a finding that the Plan, as presented, is consistent with the City's Comprehensive Plan. The Planning and Zoning Commission has bo days to complete their review. At the same time, other taxing entities levying property taxes within the boundaries of the proposed Urban Renewal District are provided a thirty -day opportunity to comment on the Plan to the City Council. While the taxing entities are invited to comment on the Plan, their concurrence is not required for the City Council to proceed with their consideration. In the case of the Ten Mile Study Area, the effected taxing districts for those properties located within the city limits of Meridian are: • The City of Meridian + The West Ada School District (School District No. 2) • Ada County • Emergency Medical District • Mosquito Abatement District • The Ada County Highway District • Meridian Library District • Meridian Cemetery District • Western Ada Recreation District • College of Western Idaho For those properties located in unincorporated Ada County, the effected taxing districts are: • The West Ada School District (Joint School District No. 2) • Ada County • Emergency Medical District • Mosquito Abatement District • The Ada County Highway District • Meridian Library District • Meridian Cemetery District • Western Ada Recreation District • College of Western Idaho • Meridian Fire District • Pest Extermination District Once/If the Planning and Zoning Commission makes their finding of consistency and the thirty -day comment period for the various taxing entities has passed, the City Council is permitted to hold a public hearing and formally consider the Adoption of the Plan creating the new Urban Renewal District and Revenue Allocation Area. The City Council also must find that the taxable value within the district to be created, plus the Base Assessed Value of any existing Urban Renewal / Revenue Allocation areas do not exceed the statutory maximum of ro% of the citywide assessed valuation. If the City Council, in their discretion, chooses to proceed, they will officially adopt the Urban Renewal Plan and Revenue Allocation Area and provide official notification of that action to the County Assessor and Idaho State Tax Commission. The Urban Renewal Agency then proceeds to implement the Plan. Description of the Ten Made Study Area: The Study Area subject to the current review is located on the east side of Ten Mile Road, north of the Interstate 84 right-of-way and south of Franklin Road. All properties included are within the boundaries of the Ten Mile Interchange Specific Area Plan. The Study Area consists of twenty (20), relatively large, tax parcels. To provide the Agency and the City maximum flexibility in considering the ultimate extent of the District, the Study Area has been divided into sub -districts, defined primarily by ownership, for analysis. This will allow convenient decision- making by the Agency and City on which properties to include in the formation of a District should that be their determination. The Study Area has been divided into four Sub -districts designated as TM -1 through TM -4 as noted in the following map and table. The size and value information presented in Table 1 was derived from the Ada County Assessor's on-line parcel information system. The current taxable value of the Study Area is $4,482,400. However, a substantial portion of that area maintains an agricultural property tax exemption. This is important because State Law requires that when such properties transition from this exemption, the resultant increase in taxable value accrues to the Base Assessed Value instead of the Incremental Value. This requires estimating the impact of this transition. In reviewing the values ascribed to the various parcels, values range from $.04 to $.oS per square foot for agricultural exempt land. The consultant met with the staff of the Ada County Assessor to determine the value they place on the subject parcels before the exemption is applied. They indicated that a per square foot value of between $2.0o and $3.00 would be consistent with values they place on similarly zoned properties within the immediate area. They indicated that value, absent other information, is what should be used in considering the non-exempt values. Therefore, the taxable values have been adjusted to reflect this higher number as a basis for making the 1o% calculation. Using the higher value ($3.00) to be conservative, we calculate that the Base Assessed Value of the Ten Mile URD moves from the $4,482,400 amount with the agricultural exemptions to $39,539,125 with those exemptions removed. It should be noted that the mere inclusion of a parcel within an urban renewal district does not have any effect on the agricultural exemption. That status would change only upon a change of use away from agricultural Ten Mile Urban Renewal District Study Area & Sub -Districts Franklin Ti �. • Grest "'��t" Wood � � N • •may . : �r rr.�,� � F Fintaii ' ff E9rs'r Bayeux — -, Gander Wallman Brown v v a Trout aEider n _m Verbena Legend LL ..... __ In arstate 8416 L•_ 077-- - Proposed Districts Nora Iii nn., N ;Tasa M 7,,1.2 Silver Terrace�... "�J"i, 7103 Daugs . Dutch u' 7h� e Farm Ilk Thorn Overland o r p % aaa • Table i Ownership Parcel # Acreage 2015 Est. 2015 Sub -District Taxable AV Base AV w/o ag. Exemption TM -1 SCS Brighton LLC South Parcel S121Q i 810 75.52 $26 ,boo $9,868,954 North Parcels 51214120710 81214212800 2.875 $4,600 $375,705 Sub -District TM -4 Total ' $32,600 116.656 $a; oa goo $1 ,2 ,606 $21,000 $1,687,340 S1214121134 12.2 $47,700 $1,594,296 S1214121172 5.41 0 0 TM -2 Treasure Valley 52:903 $264,460 $64.oG,385 Investments LLC TMA Twelve'.Oakes LLC 51214233665 111.572 $235,300 $14,580,229 $108,174 S1214234020 4.211 $9,500 $5.50,2193 Sub -District TMA Total.. S1214223567- 2.131 $4,800 $278,479 Sub -District TM=a Totals 11 $2 600 $1 0 002`: TM- SCS 'Brighton LLC Consolidated: " 3* -046 6 $4,482 oo 1 $ 4:zEl 51214212580 6.557 $10,700 $856,869 51214212820 5,443 1 $8,900 $711,291 S1214212740 1.286 0 0 S1214212720 0.686 0 0 SCS Brighton LLC Snb- ' 13.972 $19,600 $1g68,16o total Kostka Calnon Enterprises Limited 51214120710 2.201 $168,100 4i267,1027 S1214121133 20.18 $32,600 $2,637,122 31214212622 12.912 $21,000 $1,687,340 S1214121134 12.2 $47,700 $1,594,296 S1214121172 5.41 0 0 Sub,total'Kostka`Calnon 52:903 $264,460 $64.oG,385 81214120331 2.104 $169,boo $274,951 Sub -total Bainbridge .076 $ 6,900 $401,97 2 Sub; -District TM- Total 691 $62o' oo ;:; $8;'1 6, 61 TMA Twelve'.Oakes LLC R8 80480010 1.438 $1o8,174 $108,174 88580480020 7.987 $6oO,826 $600,826 Sub -District TMA Total.. 2 $709, 000 $769,000.__ Consolidated: " 3* -046 6 $4,482 oo 1 $ 4:zEl • Note: These acreages are exclusive of adjacent public rights-of-way for Ten Mile and Franklin Roads that should be included in the ultimate boundaries of any district established. Publicly owned properties are assigned no value in Idaho assessments, so including them makes no difference to the value calculation, but will slightly increase the ultimate acreage. Only half of the right -of way for Ten Mile Road and Franklin Road adjacent to TM -1 (northern portion) are included as only half of the right -of way has been annexed into the City. Description of the sub -districts: Sub -District TM -i; As noted in the table above, Sub -District TM -1 consists of four tax parcels. The largest parcel (75.25 acres) is located at the southern limits of the Sub -district immediately adjacent to the freeway interchange. It remains primarily in agricultural use. Of the total acreage, 4.o acres has been designated by the Assessor as the homesite and thus not subject to the agricultural exemption accruing to the balance of the property. The homesite is assessed at $143,100. Associated with the homesite, there was a residence constructed in 1969 with an assessed value of $14,100. However, that residence has been removed from the property, but a large equipment shed remains on the property and in use. The balance of the property (67.8 acres) carries a valuation of $108,400. The relatively low taxable value of the majority of the land is a result of the agricultural land property tax exemption available to owners of property dedicated to agricultural uses under Idaho law. When the improvement value assigned to a parcel is less than the land value, a deteriorated or deteriorating condition is present. National real estate appraisal standards suggest that in an economically viable property, land value should contribute approximately 30% of the total value leaving 70% to the improvements. As that ratio shifts, with improvement value declining as a proportion of the total, a condition of disinvestment is determined to be present. At a point when the improvement value represents less than 50% of the total (i.e. improvement value is less than land value) such condition represents a "deteriorating condition" for the purposes of this analysis. A random survey of Ada County Assessor property records of parcels in the immediate proximity of the proposed Ten Mile Urban Renewal District Study Area reflects these ratios. Sample residential properties constructed within the past 20 years reflect a land value of between 27% and 39% of the total values. Commercial properties, where appraisals are determined on an income basis instead of cost or comparable properties, reflected land values of between 20% and 29% of total value. When the homesite in Subdistrict TM -1 is analyzed, an improvement value was found that is less than lo% (9.85%) of the land value. However, the residence and various outbuildings on the property have been removed, even though they are still recognized on Ada County Assessor records. The Ten Mile Road frontage has been improved to current urban standards but the balance of the property has no public infrastructure to support the development pattern envisioned in the Ten Mile Interchange Specific Area Plan. A short portion of the Ten Mile Drain extends from the east into the northern Brighton properties, but is not part of that ownership and various maps show this small parcel remains outside the incorporated area of the City of Meridian. Since this small parcel is not in the city limits, it is included in TM -3, not TM -1. The drain physically continues in a northwesterly direction cross the Brighton parcels, but it is not recognized as a separate parcel in this area. The parcels located within the northerly portion of the sub -district have recently been platted for commercial development, but no investment has been made. Some preliminary planning has been conducted on potential development consistent with the Specific Area Plan, but no formal process implementing the Plan has been pursued. One lot (51214212800) containing 2.875 acres has no access to a public street. While the parcels included in Sub-District TM-1 are under one ownership, they are not all contiguous. The statute does not require contiguity in the establishment of a district, however, the State Tax Commission maintains a policy that does. This contiguity can be achieved by including the Ten Mile Road right-of-way that is adjacent to the intervening parcel to establish one contiguous district boundary should the City determine to not include the TM-2 Sub- District. Sub-District TM-2: This Sub-District consists of three (3) parcels, all of which remain in active agricultural use. One parcel contains 111.572 acres, one contains 4.211 acres and one contains 2.131 acres for a total of 117.914 areas. As in TM-1, the properties located in TM-2 have no infrastructure installed other than the improvements to Ten Mile Road. No structures or other improvements are located within the boundaries of Sub-District TM-2. One lot (51214223567) has no access to a public street. A dedicated but unimproved right-of- way separates the larger parcel from the 4-acre lot. Questions exist with regard to the sufficiency of the right-of-way, both in terms of width and alignment. According to representatives of the property owner, a low spot exists at the extreme southeast corner of the larger parcel allowing for the ponding of run-off from neighboring properties. The Kennedy Lateral extends in an east-west direction across most of the site. These properties are annexed and a general concept for development of the sub-district exists but no active progress has been made toward implementation. Sub-District TM-3: Sub-District TM-3 contains eleven (11) parcels under three ownerships. SCS Brighton LLC owns four parcels consisting of 6.o65 acres located along the westerly edge of the sub-district and adjacent to their holdings in TM-x. The lot located south of the Ten Mile Drain has no access to a public street. One of the parcels is the extension of the Ten Mile Drain and another is designated as "wasteland" by the County Assessor, and thus carry no value. Steven J. Bainbridge owns two residential parcels located at the easterly end of the sub-district fronting on West Franklin Road and consisting of 3.076 acres. One parcel (S121412o631) consists of 0.972 acres and carries a land value of $93,20o and improvement value of $74,1oo (8o% of land value) thus suggesting disinvestment. The other parcel (S121412o661) is 2.104 acres in size and has a land value of $117,70o and improvement value of $61,900 (44% of land value) also suggesting a condition of disinvestment. The majority of the sub-district is held in the ownership of Kostka-Calnon Limited Partnership. This ownership is made up of five (5) parcels containing 62.903 acres. The Ten Mile drainage facility consisting of 5.0 acres traverses the Kostka-Calnon ownership and is classified as "wasteland" by the Ada County Assessor and therefore has been assigned no assessed value for taxation purposes. The total area of Sub-District TM-3, including the three ownerships and the "waste" parcels is 69.951 acres. The Kostka — Calnon parcels also remain in active agricultural usage, but 1.5 acres have been designated as the homesite (51214121134), with an assessed value of $20,000. The residential improvement on the homesite includes a residence constructed in 1916 and carries a valuation of $10,300 or 51.5% of the associated land value. The remaining value on the homesite parcel ($17,40o) and the values of the other two parcels ($53,600) used for agricultural purposes are subject to the agricultural exemption. An additional residential parcel (51214120710) consists of 2.201 acres and has an assessed value of $163,100 for both land and improvement values. In this case the improvement value is assessed at 40% of the land value, suggesting disinvestment. An open irrigation lateral runs through the properties. The Brighton parcels remain fully in agricultural usage and no structures are present on the properties. The Ten Mile drain separates the two Brighton parcels creating a land- locked parcel. One lot under Kostka -- Calnon ownership (51214121133) consisting of 20.18 acres is situated south of the Ten Mile Drain and, like the Brighton parcel, has no access to a public street. No active development planning is evident on the properties located within the sub -district. The entire extent of Sub -District TM -3 remains in unincorporated Ada County. Should the Agency and City conclude that the properties located within this area be included in an urban renewal district, the parcels to be included would need to be either annexed into the City of Meridian prior to the effective date of the creation of the district, or be subject to an agreement between the City of Meridian and Ada County permitting the unincorporated parcels to be included. The Brighton and Kostka / Calnon properties have petitioned for annexation and that process is currently underway. The Bainbridge properties are not part of the annexation petition. Sub -District TM -4: Sub -District TM -4 consists of two tax parcels under the ownership of Twelve Oakes LLC, according to the records of the Ada County Assessor. The ownership is divided between a commercial tract located along the Franklin Road frontage and the majority (7.987 acres) designated for mixed-use development There are no improvements or structures on the property. As noted above, the property has received initial entitlements for development but no schedule for installation of improvements has been established. The only public infrastructure serving the site, at this time, is the fully improved frontage of Franklin Road and an irrigation lateral located along the west property line. The north -south portion of the irrigation lateral separating TM -4 from TM -3 has been piped as required by City approvals. Analysis of the Study Area: A review of the Study Area reflects a pattern of delayed investment or an area in transition. This is particularly notable given the area's proximity to substantial public investment in the Ten Mile interchange and street and utility improvements to both Ten Mile Road and Franklin Road. The Ten Mile Interchange Specific Area Plan provides a clearly articulated vision for a high- density mixed-use development pattern in this area that would capitalize on the access and utility investments already made by public entities. To date, however, while some planning has been done consistent with the Plan, little progress has been made to implement the vision. The Plan calls for substantial investment in public infrastructure but the market to date has proven incapable of supporting the capital costs. It appears as though meaningful progress may depend upon some level of public intervention to support the desired private investment to bring the Plan to reality. The individual sub -districts will be analyzed in the context of the adopted Specific Area Plan, and then the Study Area as a whole will be looked at to determine a final recommendation. For the convenience of the reader, the statutory criteria are reiterated, at least one of which must be found to qualify an area for urban renewal activities. Those conditions are: 1. The Presence of a Substantial Number of Deteriorated or Deteriorating Structures; and Deterioration of Site; 150-2018(g); and 50-2903(8)(b) and (8)(c); and 52oo8(d)(4)(2)] 2. Age or Obsolescence 150-2018(8) and 50-2903(8)(a)] 3. Predominance of Defective or Inadequate Street Layout 150-2o18(9) and 50-2903(8)] 4. Outmoded Street Patterns [50-2008(d)(4)(2)] 5. Need for Correlation of Area with Other Areas of a Municipality by Streets; and Modern Traffic Requirements [50-20o8(d)(4)(2)]. b. Faulty Lot Layout in Relation to Size, Adequacy, Accessibility or Usefulness [50-2018(g) and 50_2903(8)(b)] 7. Unsuitable Topography or Faulty Lot Layouts [50-2008(d)(4)(2)] 8. Insanitary or Unsafe Conditions [50-2o18(g)] and [50-2903(8)(b)] 9. Diversity of Ownership [50-2018(9)]; 150-2903(8)(b) and (8)(c)]; and [50- 2oo8(d)(4)(2)] so. Tax or Special Assessment Delinquency; [50-2018(g)] 11. Defective or unusual condition of title; [50-2018(9)] 12. Substantially Impairs or Arrests the Sound Growth of a Municipality a. [50-2018(9) and [50-2903(8)(b)] 13. Conditions "Which Retard Development of the Area [50-2008(d)(4)(2)] 14. Results in Economic Underdevelopment of the Area [50-2903(8)(b)]; and Economic Disuse [50-2oo8(d)(4)(2)] Analysis: Sub -District TM - Criterion #x: The Presence of a Substantial Number of Deteriorated or Deteriorating Structures; and Deterioration of Site: The structures associated with these properties are located at the extreme south end of the Study Area and are adjacent to the recently constructed interchange. As noted above, the house and other outbuildings on the homesite have been removed, leaving only a large equipment shed on the property. That structure is relatively new and is appropriate to support a continued agricultural use but is inconsistent with the vision inherent in the Specific Area Plan. Since the majority of the structures previously located on the property have been removed, no deteriorated or deteriorating structures remain. Therefore, criterion #1 is not met. Criterion #z: Age or Obsolescence: Again, as noted above the structures were built to serve the historic agricultural use. While the remaining structure is not old, it is not of a nature to support the high-density mixed-use envisioned in the Plan. Additionally a significantly large and open drainage channel traverses the northerly parcels. This remains a common method of providing drainage to agricultural lands, but is inconsistent with high-density urban uses envisioned for the area. Therefore the remaining equipment shed and the open drainage channel are obsolete in this context and as such, criterion #2 is met. Criterion #3: Predominance of Defective or Inadequate Street Layout: As noted above, it is recommended to include the Ten Mile Road and Franklin Road rights -of way within the boundaries of the sub -district. As such, the improvements made to these facilities in recent years appear adequate to serve the anticipated development. However, there are no streets in place to serve the internal development of these relatively large parcels. Implementation of the Specific Area Plan requires circulation throughout the planning area and since no streets currently exist to serve the anticipated interior development, criterion #S is met. Criterion #4: Outmoded Street Patterns: This criterion is addressed in the same manner as the previous one and since there is no interior circulation pattern in place, criterion #4 is met. Criterion #5: Need for Correlation of Area with Other Areas of a Municipality by Streets; and Modern Traffic Requirements: While the Ten Mile Interchange and the Ten Mile Road and Franklin Road improvements provide good access to the area for the broader Meridian and regional community, the internal circulation system is non-existent at this point in time. The Specific Area Plan calls -out specific locations for access points into the sub -district so as to coordinate access into adjacent properties and thus allowing future signalization enhancing traffic safety in the area. While curb returns have been installed at specific locations, no means of providing streets connecting to these access points is currently in place so criterion #g is met. Criterion #6: Faulty Lot Layout in Relation to Size, Adequacy, Accessibility or Usefulness: The parcels in the sub -district are of a size and configuration appropriate for the historic agricultural use for which they have been deployed for several decades. However, as the City and region have developed around these properties, the large lots in the sub -district are not properly configured to accommodate the development pattern envisioned in the Specific Area Plan. A more fine-grained and high-density development pattern is represented in the adopted Plan. Also, as noted above, one of the lots in the northerly section of TM -1 has no access to a public right-of-way. Therefore criterion #6 is met. Criterion #7: Unsuitable Topography or Faulty Lot Layouts: While the topography of the sub- district presents no difficulty for implementation of the Plan the lot layout as noted above is inappropriate for the uses envisioned and one parcel is land -locked. Thus criterion # 7 is met. Criterion #8: Insanitary or Unsafe Conditions: Again, given the current agricultural use "insanitary and unsafe conditions" are not present. However, when considering the anticipated development pattern, the sub -area is completely devoid of public water supply and distribution facilities. No provision for required fire flows nor any provision of sanitary sewer or storm drainage facilities adequate to the demand has been made. Therefore, criterion #8 is met. Criterion #g: Diversity of Ownership: There are four parcels included in Sub -District TM -1. All of these parcels are under the ownership of a single entity. Therefore, criterion # g is not met. Criterion #1o: Tax or Special Assessment Delinquency: According to Ada County Assessor records, no delinquencies exist. Therefore, criterion #10 is not met Criterion #11: Defective or unusual condition of title: The two smaller parcels in the northern section of TM -1 appear to have been created by an informal "Lot split" and not through formal subdivision. Therefore they do not represent a legal lot of record, but merely a separate parcel for taxation purposes. While this is a legal process in the State of Idaho such tax parcels may not comply with zoning and other site requirements. This can be viewed as an unusual condition of title. Therefore, criterion #11 is met. Criterion #12: Substantially _Impairs or Arrests the Sound Growth of a Municipality: The State of Idaho, the City of Meridian and the Ada County Highway District have made substantial investment in the transportation and utility facilities serving this and the surrounding areas. The City of Meridian has expressed its vision for this area in the creation and adoption of the Ten Mile Interchange Specific Area Plan, but without the capacity to provide public infrastructure, the Study Area will remain an under-utilized area in the midst of the fastest growing area in the State of Idaho. Criterion #12 is met. Criterion #13: Conditions Which Retard Development of the Area: See discussion of Criterion #12 above. Criterion #13 is met. Criterion #14: Results in Economic Underdevelopment of the Area: See discussion of Criterion #12 above. Criterion #14 is met. Findings: Sub -District TM -1: Conditions exist within the sub -district to allow the Board of Commissioners of the Meridian Development Corporation and the Meridian City Council to determine that the area is eligible for urban renewal activities as prescribed in State Law. Analysis: Sub -District TM -2 Criterion #1: The Presence of a Substantial Number of Deteriorated or Deteriorating Structures; and Deterioration of Site: Sub -District TM -2 consists of approximately 118 acres of undeveloped farmland. The entire acreage is used for agricultural purposes with no structures present on the properties. Therefore, criterion #1 is not met. Criterion #2: Age or Obsolescence: Again, no structures are present on the property and the only infrastructure serving the property is the recently improved Ten Mile Road which meets current standards. The Kennedy Lateral serves the current agricultural uses, but the open nature of the facility is not compatible with the development pattern envisioned in the Specific Area Plan and thus can be considered obsolete. Therefore, criterion #2 is met. Criterion #3: Predominance of Defective or Inadequate Street Layout: The only street serving this sub -district is Ten Mile Road which fronts the westerly edge of the sub -district. An unimproved right-of-way exists in the Southwest corner of the Sub -district This dedicated right- of-way extending into the property in a curvilinear fashion is viewed by the property owner as inadequate both in terms of width and alignment to support development plans for the property. No mechanism is in place to install required infrastructure. Effective development of the 118 acres requires public street access to the full extent of the property. Such street network does not exist at this time. Therefore, criterion # 3 is met. Criterion #4: Outmoded Street Patterns: This criterion is addressed in the same manner as the previous one and since there is no interior circulation pattern in place, criterion #4 is met. Criterion #5: Need for Correlation of Area with Other Areas of a Municipality by Streets; and Modern Traffic Requirements: While the Ten Mile Interchange and the Ten Mile Road and Franklin Road improvements provide good access to the area for the broader Meridian and regional community, the internal circulation system is non-existent at this point in time. The Specific Area Plan calls out specific locations for access points into the sub-district so as to coordinate access into adjacent properties and thus allowing future signalization enhancing traffic safety in the area. While curb returns have been installed at specific locations, no means of providing streets connecting to these access points is currently in place. The right-of—way extending into the property is viewed as inadequate by the property owner. Therefore, criterion #6 is met. Criterion #6: Faulty Lot Layout in Relation to Size, Adequacy, Accessibility or Usefulness: The parcels in the sub-district are of a size and configuration appropriate for the historic agricultural use for which they have been deployed for several decades. However, as the City and region has developed around these properties, the large lots in the sub-district are not properly configured to accommodate the development pattern envisioned in the Specific Area flan. A more fine- grained and high-density development pattern is represented in the adopted Plan. One land- locked lot has no access to public right-of�-way. Therefore, criterion #6 is met. Criterion #7: Unsuitable Topography or Faulty Lot Layouts: A low area at the southeast corner of the largest parcel acts as an informal drainage basin, receiving run-off from adjacent residential properties. The topography of the rest of the sub-district presents no difficulty for implementation of the Specific Area Plan. The lot layout as noted above is inappropriate for the uses envisioned. Again, one lot has no access to a public street. Thus, criterion # 7 is met. Criterion #8: Insanitary or Unsafe Conditions: Again, given the current agricultural use "insanitary and unsafe conditions" are not present. However, when considering the anticipated development pattern, the sub-district is completely devoid of public water supply and distribution facilities. No provision for required fire flows nor any provision of sanitary sewer or storm drainage facilities adequate to the demand has been made. The open configuration of the Kennedy Lateral would create an unsafe condition under the development pattern envisioned in the Specific Area Plan. Therefore, criterion #8 is met. Criterion #9: Diversity of Ownership: There are three parcels included in Sub-District TM-2. All of these parcels are under the ownership of a single entity. Therefore, criterion # g is not met. Criterion #Yo: Tax or Special Assessment Delinquency: According to Ada County Assessor records, no delinquencies exist. Therefore, criterion #10 is not met. Criterion #11: Defective or unusual condition of title: No defective or unusual conditions of title exist. Therefore, criterion #11 is not met. Criterion #12: Substantially .Impairs or Arrests the Sound Growth of a Municipality: The State of Idaho, the City of Meridian and the Ada County Highway District have made substantial investment in the transportation and utility facilities serving this and the surrounding areas. City of Meridian has expressed its vision for this area in the creation and adoption of the Ten Mile Interchange Specific Area Plan, but without the capacity to provide public infrastructure, the Study Area will remain and under-utilized area in the midst of the fastest growing areas in the State of Idaho. Criterion *12 is met. Criterion #13: Conditions Which Retard Development of the Area: See discussion of Criterion #12 above. Criterion #13 is met. Criterion #14: Results in Economic Underdevelopment of the Area: See discussion of Criterion #12 above. Criterion #14 is met. Findings: Sub -District TM -2: Conditions exist within the sub -district to allow the Board of Commissioners of the Meridian Development Corporation and the Meridian City Council to determine that the area is eligible for urban renewal activities as prescribed in State Law. Analysis: Sub -District TM - Criterion #Y: The Presence of a Substantial Number of Deteriorated or Deteriorating Structures; and Deterioration of Site: As with the other sub -districts previously reviewed, the properties included within Sub -District TM -3 have been dedicated to agricultural pursuits for many decades. Structures, both residences and outbuildings were developed on the properties fronting on West Franklin Road to support that use. The Ada County Assessor recognizes four residential structures and several outbuildings in this sub -district, all of which reflect improvement values less than the values assigned to the parcels on which they are located. These residences reflect values ranging from 28% to 80% of the land value. This situation suggests a deteriorating condition of the improvements. While the condition of many of the structures remains serviceable for their historic use, the higher intensity uses envisioned in the Specific Area Plan are incompatible with the older buildings. Therefore, criterion #1 is met. Criterion #2: Age or Obsolescence: The County Assessor recognizes four residential structures in the sub -district two of which approach 10o years of age and one being 85 years old. The other dwelling was constructed in 1980. A variety of out buildings exist on the properties. The age of the majority of the buildings suggests that the structures on the properties are functionally obsolete. It is most likely that implementation of the City's plans for the area will require demolition or relocation of most of the structures currently in place. Another infrastructure element located in the sub -district is the Ten Mile Drainage facility. It is an open ditch that traverses the sub -district actually separating the southerly lot from those fronting on Franklin Road and thus creating a relatively large parcel with no public access. The ditch may be adequate for the current use of the property, but the higher density uses envisioned in the planning documents render this facility obsolete in the more urban context that has evolved around this property. Finally, the property is served by an irrigation lateral (Vaughan Lateral) that runs along the east boundary of the sub -district then traverses the area in an east -west configuration before returning to the north boundary at Franklin Road. As long as the properties remain in agricultural use the open facility functions adequately. However, as the development on the properties intensifies, the open nature of the lateral will present a potentially hazardous condition and therefore would be rendered obsolete. The lateral has been piped along the easterly boundary of TM -3 suggesting that a similar treatment of the east -west section will be required as a condition of development at some time in the future. Therefore, criterion #2 is met. Criterion #3: Predominance of Defective or Inadequate Street Layout: West Franklin Road has been improved to full urban standards across the northerly frontage of this sub -district. An unimproved private roadway provides the only access to the interior part of the sub -district. To fully respond to the vision expressed in the Specific Area Plan, a more robust system of public streets will be required. The southerly lot has no access to a public street. Since those streets do not exist at this time, criterion #3 is met. Criterion #4: Outmoded Street Patterns: This criterion is addressed in the same manner as the previous one and since there is no interior circulation pattern in place, criterion #4 is met. Criterion #5: Need for Correlation of Area with Other Areas of a Municipality by Streets; and Modern Traffic Requirements: While the Ten Mile Interchange and the Ten Mile Road and Franklin Road improvements provide good access to the area for the broader Meridian and regional community, the internal circulation system is non-existent at this point in time. The Plan called out specific locations for access points into the sub -district so as to coordinate access into adjacent properties and thus allowing future signalization enhancing traffic safety in the area. While curb returns have been installed at specific locations, no means of providing streets connecting to these access points is currently in place so criterion #6 is met. Criterion #6: Faulty Lot Layout in Relation to Size, Adequacy, Accessibility or Usefulness: The parcels in the sub -district are of a size and configuration appropriate for the historic agricultural use for which they have been deployed for several decades. Three parcels fronting West Franklin Road have been divided off from the original property but even these lots range from approximately one acre to 2.2 acres making them ill-suited for the type of development envisioned in the adopted plans. A more fine-grained and high-density development pattern is represented in the adopted Plan. The largest lot in TM -3 (20.13 acres) has no public access. Therefore, criterion #6 is met. Criterion #7. Unsuitable Topography or Faulty Lot Layouts: While the topography of the sub- district presents no difficulty for implementation of the Specific Area Plan the lot layout as noted above is inappropriate for the uses envisioned. The largest lot has no access to a public right-of- way. Thus, criterion # 7 is met. Criterion #8: Insanitary or Unsafe Conditions: While public water and sewer facilities are available to the site in the recently improved Franklin Road, City policy precludes providing utility service to properties outside the city limits. Therefore the existing residences located in Sub -District TM -3 do not currently have access to public water and sewer service. This condition will be rectified if the current annexation petition ultimately results in their inclusion within the city limits. The property is served by an open irrigation channel (Vaughan Lateral). That portion of the Lateral running along the east property line of Sub -District TM -3 has recently been piped. The portion traversing the area in an east -west direction remains open and unprotected creating a potentially hazardous condition as activities intensify in the area. Criterion #8 is met. Criterion #9: Diversity of Ownership: The 62.485 acres included within Sub -District TM -3 are held under three separate ownerships: (Brighton, Kostka / Calnon and Bainbridge) with the majority (53 acres) being controlled by Kostka / Calnon. A large number of small parcels with diverse ownerships make reinvestment difficult. However, the properties located here are relatively large and one can expect three sophisticated property owners to work together. Therefore, it is determined that criterion#9 is not met. Criterion #Yo: Tax or Special Assessment Delinquency: According to Ada County Assessor records, no delinquencies exist. Therefore, criterion #10 is not met. Criterion #11: Defective or unusual condition of title: The two smaller parcels at the westerly end of TM -3 appear to have been created by an informal "Lot split" and not through formal subdivision. Therefore they do not represent a legal lot of record, but merely a separate parcel for taxation purposes. The larger 20 acre parcel appears to be created in a similar manner. While this is a legal process in the State of Idaho such tax parcels may not comply with zoning and other site requirements. This can be viewed as an unusual condition of title. Therefore, criterion #11 is met. Criterion #12: Substantially Impairs or Arrests the Sound Growth of a Municipality: The State of Idaho, the City of Meridian and the Ada County Highway District have made substantial investment in the transportation and utility facilities serving this and the surrounding areas. City of Meridian has expressed its vision for this area in the creation and adoption of the Ten Mile Interchange Specific Area Plan, but without the capacity to provide public infrastructure, the Study Area will remain and under-utilized area in the midst of the fastest growing areas in the State of Idaho. Criterion #12 is met. Criterion #13: Conditions Which Retard Development of the Area: See discussion of Criterion #12 above. Criterion #13 is met. Criterion #14: Results in Economic Underdevelopment of the Area: See discussion of Criterion #12 above. Criterion #14 is met. Findings: Sul -District TM -a: Conditions exist within the sub -district to allow the Board of Commissioners of the Meridian Development Corporation and the Meridian City Council to determine that the area is eligible for urban renewal activities as prescribed in State Law. While the entire area of Sub -District TM -3 currently remains in unincorporated Ada County a petition for annexation to the City of Meridian has been filed for the Brighton and Kostka / Calnon properties. Should that annexation become effective prior to the creation of an�urban renewal district in this area, the inclusion of these parcels could occur without hindrance. The Bainbridge parcels were not included in the annexation petition. And while statute allows for inclusion of unincorporated areas in an urban renewal district created by a city in Idaho, that can only be accomplished by way of an intergovernmental agreement between the city and the county permitting such inclusion. This option would create complexity and potential delay, especially if any opposition surfaces. We are unaware of any interest of this ownership to be included. Analysis: Sub-District TMS Criterion #x: The Presence of a Substantial Number of Deteriorated or Deteriorating Structures; and Deterioration of Site: The properties located within this sub-district have no structures on them; therefore, criterion #1 is not met. Criterion #2: Age or Obsolescence: Again, given the fact that no structures exist on the properties, age and obsolescence are not an issue. The irrigation lateral, previously existing in an open-ditch condition has been enclosed in a piped system. Therefore, criterion #2 is not met. Criterion #3: Predominance of Defective or .inadequate Street Layout: While the properly fronts on a street improved to full urban standards, no internal circulation is currently in place. However, this sub-district is relatively small and current plans call for the property to be served by private streets. Given that this development is planned in isolation from the surrounding properties and the relatively small traffic demand anticipated, the private streets should be adequate. Therefore, criterion #3 is not met. Criterion #4: Outmoded Street Patterns: The analysis for this criterion is essentially the same as for criterion #3 and thus, criterion #4 is not met. Criterion #5: Need for Correlation of Area with Other Areas of a Municipality by Streets; and Modern Traffic Requirements: Again, Sub-District TM-4 is relatively small (9.425 acres) and the proposed development does not negatively impact development potential around it. The Ten Mile Interchange Specific Area Plan that covers this property does not call for street extensions through this area. Therefore, criterion #5 is not met. Criterion #6: Faulty Lot Layout in Relation to Size, Adequacy, Accessibility or Usefulness: The property within this sub-district has recently been divided to accommodate a specific development scheme; therefore the lot layout is appropriate for the anticipated uses. Criterion #6 is not met. Criterion #7: Unsuitable Topography or Faulty Lot Layouts: As noted above, the lot configuration is suitable for the proposed development having recently been divided and the site is relatively flat allowing services to be extended. Therefore, criterion #7 is not met. Criterion #8: Insanitary or Unsafe Conditions: No insanitary conditions exist on the site and public sewers will be extended throughout the property with the proposed development. The Vaughan Lateral has been piped thereby eliminating that potentially unsafe condition. Criterion #8 is not met. Criterion #9: Diversity of Ownership: The entire sub-district is under one ownership; therefore Criterion #9 is not met. Criterion #io: Tax or Special Assessment Delinquency: According to Ada County Assessor records, no delinquencies exist. Therefore, criterion #xo is not met Criterion #11: Defective or unusual condition of title: No defective or unusual conditions of title exist. Therefore, criterion #xx is not met. Criterion #12: Substantially Impairs or Arrests the Sound Growth of a Municipality: The State of Idaho, the City of Meridian and the Ada County Highway District have made substantial investment in the transportation and utility facilities serving this and the surrounding areas. City of Meridian has expressed its vision for this area in the creation and adoption of the Ten Mile Interchange Specific Area Plan. The proposed development is consistent with the Plan. The relatively small area and isolation from the rest of the Specific Area Plan properties suggest no substantial impact on the development of nearby areas or the community as a whole. The sub -district is separated from the other in -city sub -districts by the unincorporated areas included in Sub -District TM -3. Criterion #12 is not met. Criterion #13: Conditions Which Retard Development of the Area: See discussion of Criterion #12 above. Criterion #13 is not met. Criterion #14: Results in Economic Underdevelopment of the Area: See discussion of Criterion #12 above. Criterion #14 is not met. Findings: Sub -District TM -4: Conditions do not exist within the sub -district to allow the Board of Commissioners of the Meridian Development Corporation and the Meridian City Council to determine that the area is eligible for urban renewal activities as prescribed in State Law. Should the Agency and City Council want to bring urban renewal tools to assist in the development of this sub -district, appending it to Sub -District TM -3 may be a better option than a stand-alone, geographically isolated district. Consolidated Sub -District Analysis: Having reviewed the existing conditions in the four sub -districts separately, the Study Area as a whole will be evaluated. Conditions exist in Sub - Districts TM -1, TM -2 and TM -3 that warrant a finding that these areas may be included in an urban renewal district. Sub -District TM -4, in a stand-alone condition, would prove difficult to justify. However, it could legitimately be included in a larger district, associated with an area or areas where the conditions/findings were met. A significant issue in determining what areas to include is the timing of potential development. Recent amendments to the Urban Renewal Law and Economic Development Act have limited the maximum life of a district to 20 years. The longer development is delayed after creation of an urban renewal district, the fewer years of incremental revenue are thus available to support required infrastructure investments. Should the City Council direct the creation of an urban renewal plan in this area, one of the required elements of that Plan is a financial feasibility analysis. In that analysis, one will need to consider the cost of installation of public facilities against the anticipated revenue produced by the private, taxable investment. This suggests that a district wherein development in not foreseen in the very near future may prove financially infeasible. Another significant factor is the type of development anticipated in the area under consideration. Of particular concern is the proportion of owner -occupied residential properties. These uses enjoy a substantial property tax exemption prescribed by State Law, thereby reducing the revenue yield needed to support infrastructure investment. Such residential uses need properties carrying their full tax burden to supplement their limited yields. CONCLUSION: Based upon the data and the conditions that exist within the Study Area as noted above, the Meridian Development Corporation Board and Meridian City Council may determine that Sub- Districts TM -1, TM -2 and TM -3 are eligible for the establishment of an urban renewal district and could be combined into a single urban renewal district. Sub -District TM -4 appears ineligible as a stand-alone district but could be included in a larger district. A variety of configurations are available at the discretion of the City Council. lo% Analysis: In addition to the findings reported above, verification that the assessed value of the proposed Study Area is within the statutory limits is needed. As noted above, State Law limits the percentage of assessed value that can be included in urban renewal / revenue allocation districts to 10 % of the total valuation of the City. According to Ada County Assessor records, the most recent total certified value for the City of Meridian is $ 8,89o,841,600. This number does not reflect exemptions. Therefore taking a more conservative approach, the net taxable value for this calculation is used. That number is $6,848,682,967. As shown in the analysis in Table 1 the current taxable value of the entire Study Area after the agricultural exemptions are lifted is estimated to be $39,539,125• This value then must be added to the Base Assessed Value of the Downtown Meridian Urban Renewal District to test for the 1o% limitation. The Base Assessed Value of the. Downtown District established at the time of its creation, is $146,334,050• The analysis for these purposes in presented in Table 2, below. The combined amounts are well below the statutory limit. Reducing the area to be included in the new district would reduce the percentage. T�hla � Statutory to % Limitation Analysis Area Taxable Value Percentage Total Ci $6,8481682,967 100% Downtown Meridian URA Base Value $146,334,050 2.14% Proposed Ten Mile URA $ 39,539,125 0.58% Total UR Base Assessed Value Percentage $185,873,175 2•714�Q The effect of creating this district on the capacity of the City and MDG to consider future districts should they choose to do so is also explored. The table below shows that even if a new district similar to the Ten Mile URD were to be established, approximately 7.66% of the citywide taxable value would remain uncommitted. Remainine Urban Renewal Capaci Maximum 1o% Limitation $684,868,297 10% Downtown Meridian URA $146,334,779 (2.14%) • Proposed Ten Mile URA $ 39,539,125 (0.58%) Available AV within limitation $498,994,393 7.286% Images: Sub -District #1 y Images: Sub -District #2 -At- `. .a Images: Sub -District #3 Images: Sub -District #4 Attachment 7 Agricultural Consent Forms EXHIBIT 4 Summary of Ordinance (to be added in advance of third reading) ORDINANCE Si3Iv MARY APPROVING URBAN RENEWAL PLAN FOR THE TEN MILE ROAD URBAN RENEWAL PROJECT Meridian City Council Meeting DATE: June 7, 2016 Yd A ►� I UtlM=3=1:7 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS