Loading...
HomeMy WebLinkAboutMeridian Monument License Agreement with Kimball PropertiesWhen Recorded Mail To: CTTY OF MERIDIAN 33 E. Broadway Avenue Meridian ID 83642 ADA COUNTY RECORDER Christopher D. Rich 2016-106280 BOISE IDAHO Pgs=17 CHE FOWLER 11/02/2016 12:39 PM CITY OF MERIDIAN, IDAHO NO FEE (Above Space for Recorder's Use Only) LICENSE AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF MERIDIAN MONUMENT SIGN This LICENSE AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF MERIDIAN MONUMENT SIGN ("Agreement") is made effective this —I— day of I&W- y)beh-- , 2016, by and between Kimball Properties Limited Partnership ("Grantor"), and the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City"). Grantor and City may be collectively referred to as "Parties." WHEREAS, Grantor owns real property located at 1401 S. Eagle Road, in Meridian, Idaho, Ada County parcel no. R1901110100 ("Grantor's Property"); WHEREAS, to welcome travelers to Meridian, instill a sense of place, and establish a landmark at this gateway to Meridian, City desires a license to use a portion of Grantor's Property to construct and maintain an illuminated monument sign; and WHEREAS, for the purposes and pursuant to the terms and conditions set forth in this Agreement, Grantor is willing to extend such license to City; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant of license. Grantor hereby grants to City, as grantee, a non-exclusive license on, over, across, under, and through the Monument Area, as depicted in the diagram attached hereto as Exhibit for the following limited purposes, together with the right of access across Grantor's Property as reasonably necessary from time to time for the construction, maintenance and removal of the Monument: a. Construction of an illuminated monument sign, including foundation, electrical infrastructure, and associated components and facilities, as set forth in Exhibit B hereto ("Monument"), at City's sole cost and expense, as expeditiously as reasonably possible, and in compliance with applicable laws, policies of Grantor, any existing encumbrances on Grantor's Property, and sound design and engineering practices. City shall provide Grantor reasonable prior notice in advance of construction, repair, or maintenance of Monument. b. Maintenance of the Monument in good condition and repair and as may be needed to satisfy applicable laws, policies, and reasonable discretion of Grantor, and sound MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 1 OF 17 engineering practices. 2. Term and termination. This Agreement shall continue in perpetuity and shall remain in effect unless and until terminated by either party upon ninety (90) days written notice. Following notice of termination, within the termination notice period, City shall remove the Monument and restore and repair portion of Grantor's Property in need of restoration or repair due to City's use at City's expense. 3. Damage or destruction. In the event that the Monument is damaged or destroyed, in whole or in part, City may, at its sole election, restore or replace the Monument, subject to availability of sufficient funds. City shall have the right to remove the Monument, at City's cost, in which event City shall repair and restore the landscaping and irrigation system to an attractive and functional condition similar to the surrounding landscaping. So long as City elects to leave Monument in place, City shall maintain the Monument in good condition and repair and as may be needed to satisfy applicable laws, policies, and reasonable discretion of Grantor, and sound engineering practices. In the event that Grantor's property is damaged or destroyed, in whole or part, due to City's use at its cost promptly, City shall restore and repair such property. Upon installation of the Monument, City shall at its cost provide landscaping alterations designed to minimize sprinkler overspray onto the Monument and to avoid the necessity of lawn mowing equipment operating closer than two feet from the Monument structure. Grantor shall not be liable for any damage to the Sign not reasonably avoidable in connection with Grantor's excavation for connection to or repair of any existing utilities located under or about the Monument Area, 4. Electrical utilities. City shall pay for the provision of and continued use of electrical services to Monument, if any. 5. Insurance to be obtained by City. The Monument is, and shall be, City's personal property, and City shall obtain all necessary property and other insurance as may be required in order to protect its insurable interests for its rights and obligations described within this Agreement. Insurance of Grantor's Property or interests shall be the sole responsibility of Grantor. 6. Binding on Successors. This Agreement shall be binding on the successors, administrators, executors and assigns of all parties hereto, and shall run with the land. 7. Hold harmless. City agrees to hold the Grantor, its successors, assigns, and agents harmless from any and all claims, liability, losses, costs, charges, or expense that arise from City's use or use by its employees, licensees, agents, invitees, or representatives, of the Grantor's Property pursuant to the license granted hereby. 8. Remedies. In the event of a breach hereunder by any party, the non -breaching party shall have all remedies available at law or in equity, including the availability of injunctive relief. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 2 OF 17 party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees and disbursements. 9. Obstructions. Grantor may use the Monument Area for landscaping and similar uses, provided any such other uses do not obstruct the visibility of the Monument from Eagle Road, and do not unreasonably restrict City's access to the Monument. However, the foregoing shall not prohibit the installation of temporary barricades reasonably necessary for security and/or safety purposes in connection with repair or maintenance of Grantor's Property, so long as such work is conducted in the most expeditious manner reasonably possible to minimize the obstruction of the Monument. 10. Notices. All notices, demands and requests required or desired to be given under this Agreement must be in writing and shall be deemed to have been given as of the date such writing is (a) delivered to the party intended, (b) delivered to the then current address of the party intended, or (c) rejected at the then current address of the party intended, provided such writing was sent prepaid. The initial address of the signatories hereto is: City: Grantor: City of Meridian Jeff W. Moore, Trustee c/o City Clerk PO Box 8204 33 East Broadway Boise ID 83707 Meridian, Idaho 83642 Upon at least ten (10) days' prior written notice to the other, each party shall have the right to change its address. 11. 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, and 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. 12. 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. 13. 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. 14. 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 MONUMENT LICENSE AGREEMENT PAGE 3 Or, 17 IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day and year fust written above. GRANTOR: By: Jeff W, Moore, Trustee Marital Trust of the WDM Trust UTA dated September 11, 2010 STATE OF IDAHO ) )ss. COUNTY OF ADA ) On this M7 day of �V , 2016, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Jeff W. Moore, known or identified to me to be a Trustee of the WDM Trust, the person who executed the instrument on behalf of said entity, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have affixed my official seal the day ans above written. 111", Notary Public for Idaho Residing at _ fa{"Alc My commission expires; set my hand and iYsf,certificate first i SOTARy CITY: STATE OF IDAHO ) `'yeviiirri )ss. COUNTY OF ADA ) On this � day of Nd V A1 60' , 2016, before me, the undersigned, a Notary Public in and for the State of Tammy a or Idaho, personally appeared TAMMY DE WEERD and C,JAY COT ES known to me to be the Ma or and Cit Clerk J y , ATTEST: 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 C, ay Cols City Clerk affixed my official seal the day and year in this certificate first b 'tt •�•rrrrrrs• ALTBI:, • •� `99'E O� 1 0. •�1rrr+� a ove wri en. Ohadv-�-Lp Notary Public for Idaho Residing at 1 �1P11 t CV �n , CACI X27 My commission expires: 3- a8 �o2b MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 4 OF 17 EXHIBIT MONUMENT SIGN LOCATION MERIDIANMONUME, NT LICENSE AGREEMENT PAGE 5 OF 17 111 MONUMENT DESI+ MERIDIAN' MONUMENT LICENSE AGREEMENT PAGE 7 OF 17 0 } c z O IL N Cn LL � U xa O yo) c O W�Y O m 5 z ¢ pF- 00 OU m v' w cwn = Q O = Ow > z c U z cp z w N ¢ Oz w¢O LDp w � v °- z � c= z❑ w a Y w 6 w 15,1O r- _U-- c Z ❑ 0 � w =zp aW0 a¢. O ❑w d¢ c z 0 (9 ❑�i Z9 Z ❑ ¢ a¢ LL w d w z c�o w0C❑❑w °�w Z Q �U5 p w UN C C>w d. , Lz u �Z z ¢ O> U z O C) U z c 0 Z ¢ d N p p m w ❑_ o Q c _2 ❑ Zp❑ U =�cviw o0 ¢ m w c 0 10 c❑_� Owe} "'O w N Q � Z� Or o w❑� z rn ZJvi viO�C''� w0 ZZczO c¢ Y�c cc Y� O� cncnw wtJ��� <n Oct nw.w ❑ww wUZ'' ❑00)w �> w w m CDQ<Uv=ip m w w 2 Qc' O Z z Z U U� d w ¢cam �O�S O -z LL�"cn cnc�U�Q�cF-m z w0 JwZwwwF-�cw❑ mp � � zoz�Og�❑?a�mo UO Z Z ❑ �w�5-<wnp❑:oc Oma= raa�O w cn❑6❑ ¢pZ¢❑¢N�rnc �M0320, prw-I CZa�cw❑QQ cpwOJ c�ap�OOZacw�aap=Q�nm-.'J-0 m.`1wa�tow�gQUmOCwQ-2w�c95K Z Zro, Z¢ppm Q O0 p _c ¢��Q0c�c0>z <2 -1 �Q¢ d � c �u �l nr�33�U Q �i$y aE U �w W❑ZZ s �° iiG 4k0O �w� c °o °y��+'� LL C¢ co I� Y, LL C9 W ty Z C T w w y C7 82.a � -`got `v t c. r i dw�rwC9 C9 u z pUy � 00� +0=n.xzOw �I0 Q Z u CJ m i p F$ i k O r- w W w ° B ti Z c ¢ LL w O W N g L— f4t C 0- N W D L o U N Q O~^ Q LL 5Z 52 g U > O> O N Al -;9 F— q q-, L% E e� Ldp ° € 'I izxi U u a.0 LLII >: C] f9 va o. e 3 �tS7 ©p it ci OO�Q c .� wD „'CClflz r �uw n' ao-- —� z s LU [ n i yag u= �E a: U rnq �7 F— q q-, L% E e� Ldp ° € 'I izxi U u a.0 LLII >: C] f9 va o. e 3 �tS7 ©p it ci OO�Q c .� wD „'CClflz r �uw n' ao-- —� z s LU [ n i yag u= �E a: U Q Lu c LU Q m Y U Y U Q rt ) u C C D I() y 0. L n t Y�v -t+ .9-z a 0 T it V N C i7 C) cV CV N O 1 1 cO Z z x ---------------- 0 �m L OI-- 4 w O I ' T it I OcI 1 O 1 1 cO it I OcI 1 O 1 1 cO Z x ---------------- �m L OI-- I i I ' yak 1 I I�� I r- z Qc OcI O O cO Z x �m OI-- yak Y ° ;o=wXt90� ansao U U-' UP i I _-_-_____II On I Ut -- I i tl I a n p 11 n. j ^-• f 11 a a V 0 � I. 1 j____.-_ -_=_ �_. �4 �. .Y-_ 9 g�1• I i n n u u n I - a fl 11 0 q n 4 N p q 1 a a 0 U h I. 4 h h 1 Lu! -— a a N h 6 j p ----n_ h �=1==4 1' a II 1 It �.FL It- U n N A n l -.- 4 p a a a I -41 th n u a o n I V g a h I � iopa a� �kU�cn� w g oo Bna�C�O°-cam= x �r zyz�n y. Uz �ri Uw O�� �� $N f n r3 r r ui a wC9Ul v ov ti �Oog N rya x cr LL � e r o=aX�UUu�"i saoa: U: of N N CV a-- U-' UP i I _-_-_____II On I Ut -- I i tl I a n p 11 n. j ^-• f 11 a a V 0 � I. 1 j____.-_ -_=_ �_. �4 �. .Y-_ 9 g�1• I i n n u u n I - a fl 11 0 q n 4 N p q 1 a a 0 U h I. 4 h h 1 Lu! -— a a N h 6 j p ----n_ h �=1==4 1' a II 1 It �.FL It- U n N A n l -.- 4 p a a a I -41 th n u a o n I V g a h I � iopa a� �kU�cn� w g oo Bna�C�O°-cam= x �r zyz�n y. Uz �ri Uw O�� �� $N f n r3 r r ui a wC9Ul v ov ti �Oog N rya x cr LL � e r o=aX�UUu�"i saoa: U: 191MEM JD,A1E0M March 31, 2015 Idaho Electric Signs 6528 Supply Way Boise, ID 83705 Attn: Rick Berry JOHNSON DESIGN & ENGINEERING, PLLC 1900 N. LAKES PLACE, SUITE 100, MERIDIAN, ID 83646 Office: (208) 939-1045 Cell: (208) 608-0008 E-mail: tim@jde-idaho.com Re: City of Meridian - Meridian, ID Voice (208) 338-9401 As you have requested, we have provided the footing and column design for the above mentioned project. Please find the following enclosed as a list of considerations for your use in completing the project: PDF copy of select structural calculations. PDF copy of red -lined plans. If you have any questions or require additional information, please call. Sincerely, 150347 ,NGINEERING, PLLC 150347 JOHNSON DESIGN & ENGINEERING, PLLC 1900 N. LAKES PLACE, SUITE 100, MERIDIAN, ID 83646 Office: (208) 939-1045 Cell: (208) 608-0008 STRUCTURAL CALCULATIONS for Idaho Electric Signs City of Meridian - Meridian, ID Select Structural Design March 31, 2015 by JOHNSON DESIGN & ENGINEERING, PLLC 1900 N, Lakes Place, Suite 100 Meridian, Idaho 83646 (208) 939-1045 Page I of 5 E-mail: timgjde-idaho.com JOHNSON DESIGN & ENGINEERING, PLLC 1900 N. LAKES PL., SUITE 100 * MERIDIAN * IDAHO POLE SIGN DESIGN 2012 IBC Client: Idaho Electric Signs Project: City of Meridian Horizontal Monument Sign Project No. 150347 Date: 31 -Mar -15 DESIGN CRITERIA: Distance to sign top (h) 9.00 ft. Height (s) 9.00 ft. Width (B) 15.67 ft. s/h 1.00 B/s 1.74 Wind Load: Basic Wind Speed, V = 115 mph ASCE 7-10, Fig. 26,.5-1A Exposure C ASCE 7-10, Sec. 26.7.3 Wind, Directionality Factor, Kd 0.85 ASCE 7-10, Table 26.6-1 Velocity Pressure Exposure Coefficient, Kz = 0.85 ASCE 7-10, Table 30.3-1 Velocity Pressure, q _ :00256*Kz*Kd *VA 2 = 24,46 psf ASCE 7-10, Eq. 29.3-1 Force Coefficient, Cf = 1.55 ASCE 7-10, Fig. 29.4-1 Gust Factor Coefficient, G = 0.85 ASCE 7-10, Sect. 26.9 Design Wind Load, P = q*G*Cf*.63 = 20.30 psf Seismic; Face Area Dead Load, Wt = 20 psf Mapped Spectral Accelerations for short periods, Ss = 1,60 ASCE 7-10, Sec. 11.4.1 Site Coefficient, Fa = 1.00 ASCE 7-10, Table 11.4-1 Max. Spectral Response, SMs = Fa*Ss = 1.60 ASCE 7-10, Eq. 11.4-1 Design Spectral Response, SDS = 213*SMs = 1.07 ASCE7-10, Eq. 11.4-3 Response Modification Coefficient, R = 2.00 ASCE 7-10 Table 12.2-1 Seismic Load, Vs = 1.0*SDs*Wt/R = 10.7 psf ASCE 7-10 Eq. 12.14-11 Soil: Lateral Loadings Fpv= 200 pcf/ft. Vertical Loadings Fpb= 1500 psf Steel Stresses: Yield Strength, Fy = 36000 psi Bending Stress, Fb=0:66*Fy= 23760 psi Concrete Stress: Concrete Strength, Fc' = 2000 psi Reinforcing Strength, Fy = 40000 psi MEMBER NO. BASE HEIGHT Pw Y Mw Pv (ft) (lbs) (ft) (ft -lbs) (Ibs) 1 0.00 2477 4 9883 2440 SIGN FORCES: MEMBER #1 Sign Area # Area (Af) Centriod (Cf) Centroid*Area (ft2) (ft from base) (0) 1 15.00 7.75 116.25 2 60.00 5.00 300.00 3 47.00 1.50 70.50 Af = 122.00 •Af*Cf = 486.75 Sign Centriod,6 _ (•Af*Cf)/-Af = 3.99 ft. Wind Load, Pw = •Af Ww = 2476,99 lbs. @ base Vertical Load, Pv = •Af*Wt = 2440.00 lbs. @ base 2/5 JOHNSON DESIGN & ENGINEERING, PLLC 1900 N. LAKESPL., SUITE 100 - MERIDIAN - IDAHO POLE SIGN DESIGN 2012 IBC Client: Idaho Electric Signs Project: City of Meridian Horizontal Monument Sign Project No, 150347 Dater 31 -Mar -15 COLUMN DESIGN: [Use AISC (1.6-2);; fa/Fa + fb/Fb < 1.33], Use sign loads at the base of each column member for analysis of each member MEMBER #1 per member total 4" Dia x 0.237" Wall' Ax (int) = 3.17 6,34 Number of Columns 2 Sx (in3) = 3.21 6.42 ry (in) = 1,16 K=2 L unbraced (ft.) = 9.00 KL/r = (in.) 186 Fa=AISC T.1-36 4320.00 psi fa = Pv/Ax = 384.86 psi Fb = AISC 1.5 '= 23760.00 psi fb = Mw/Sx = 18472.12 psi fa/Fa + fb/Fb = 0.87 <1.33 OKI FOUNDATION DESIGN [IBC -Section 18] FOOTING DEPTH = A/2(1+(1+(4.36"Y/A))"0.5) ASSUMED Multiple Excavated Footings # Footings, #F = 1 Ftg. Width = (ft.) 16.50 Ftg. Thick = (ft.) 3.67 Depth = (ft.) 2.75 A = (2.34*Pw/#F)/(S*B) - 0.94 where S = Soil Bearing @ 1/3 Depth = 366.67 (psf) B = Effective Footing Width '= 16.90' (ft..) MINIMUM FOOTING DEPTH = (FT.) 2.54 OK! CK. FOOTING AREA REQ'D = Pv/Ab 1.63 OK 2012 IBC Equation 18-1 3/5 C,4 :� + ��:\\.v�� \� \� \� \ \\ ° / /� � G :�\ d\:.. y\ � � .� � $� /.\� / � j� \� � � \