HomeMy WebLinkAboutSidewalk Maintenance City Core Third Amendment and Addendum to Master License AgreementTHIRD AMENDMENT AND ADDENDUM TO
MASTER LICENSE AGREEMENT FOR REGULATION AND MAINTENANCE OF
SIDEWALK FACILITIES IN THE MERIDIAN CITY CORE
This THIRD AMENDMENT AND ADDENDUM TO THE MASTER LICENSE
AGREEMENT FOR REGULATION AND MAINTENANCE OF SIDEWALK FACILITIES IN
THE MERIDIAN CITY CORE ("Third Addendum") is entered into this 12 -*w' day of
Ma,rch , -44K� and between the Ada County Highway District, a body politic and
corporate of the State of Idaho ("ACHD") and the City of Meridian, an Idaho municipal
corporation ("City").
I. RECITALS
A. ACHD is a single county -wide highway district organized and existing under the laws of
the State of Idaho, with the exclusive jurisdiction over public rights-of-way, including sidewalks,
in Ada County; City is a municipal corporation with police power to regulate and control
encroachments and activities upon sidewalks and roadways within the city.
B. Idaho Code § 67-2332 provides that public agencies may contract with one another to
perform any governmental service, activity, or undertaking that each public agency entering into
the contract is authorized by law to perform.
C. On August 7, 2012, the parties entered into a Master License Agreement for Regulation
and Maintenance of Sidewalk Facilities in the Meridian City Core ("Master License
Agreement"), in which ACHD granted City a limited license to regulate and maintain sidewalk
facilities in the Meridian City Core.
D. On September 11, 2013, the parties entered into a First Amendment and Addendum to the
Master License Agreement, in which ACHD granted City a limited license to install a temporary
parklet for City's 2013 demonstration project.
E. On April 27, 2016, the parties entered into a Second Amendment and Addendum to the
Master License Agreement, in which ACHD and City agreed to allow City to regulate, control,
and authorize parklets in the Meridian City Core on an ongoing basis, pursuant to jointly
developed design standards and safety regulations for parklet installations, and for these reasons
to amend the Master License Agreement to incorporate said design standards and safety
regulations.
F. On October 17, 2017, following ACHD's implementation of a special event permit for
temporary uses of the roadway, the City repealed its Citizen's Use Permit, which, pursuant to the
April 27, 2016 Second Amendment and Addendum to the Master License Agreement, had
provided the framework for ACHD's review and approval of proposed parklets.
G. City seeks to continue to periodically install or allow parklets within the Meridian City
Core, and therefore the parties agree herein to amend the Master License Agreement in order to
1) affirm City's authority to allow parklets in the City Core under the Master License
THIRD AMENDMENT AND ADDENDUM TO MASTER LICENSE AGREEMENT
FOR REGULATION AND MAINTENANCE OF SIDEWALK FACILITIES IN THE MERIDIAN CORE PAGE I
THIRD AMENDMENT AND ADDENDUM TO MASTER LICENSE AGREEMENT
FOR REGULATION AND MAINTENANCE OF SIDEWALK FACILITIES IN THE MERIDIAN CORE PAGE 2
Agreement; and 2) incorporate a reference to the City’s Parklet Permit, which will now provide
the framework for ACHD’s review and approval of proposed parklets.
II. AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are made a part of
this Third Addendum and not mere recitals, and for good and valuable consideration, the receipt
of which is hereby acknowledged, the Parties hereto agree as follows:
A. Section 14 Amended. Section 14 of the Master License Agreement shall be amended to read
as follows:
14. Parklet Installation. Under no circumstances may a parklet installation take place in a
travel lane or interfere with motorist or pedestrian traffic. ACHD shall have the absolute right
to prohibit or request removal of a parklet installation that interferes with or obstructs traffic
operations, motorist or pedestrian safety, street improvement activities, construction
activities, cleaning efforts or other similar activities. All parklets shall be installed in
accordance with the procedures, standards and regulations set forth in Exhibit C attached
hereto; provided, however, that if ACHD amends its Policy Manual to address parklet
installation, all parklets installed after the date such Policy Manual amendment becomes
effective shall be subject to the provisions thereof.
B. Exhibit C Addendum. The Master License Agreement shall be amended by the addition of
the attached Exhibit C .
C. Waiver. This Third Addendum shall not be construed as an amendment or waiver of any of
City’s obligations under the Master License Agreement, except as specifically set forth
herein. No failure by either party to insist upon the strict performance of any covenant, duty,
agreement, or condition of the Master License Agreement or this Third Addendum or to
exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of
any such breach or any other covenant, agreement, term, or condition. No waiver shall be
binding unless executed in writing by the party making the waiver. Without limiting the
foregoing, ACHD in no way waives any claims.
D. Amendment and Restatement of Agreement. The provisions of this Third Addendum
shall be incorporated into the Master License Agreement, which is hereby amended and
restated in full. All provisions of the Master License Agreement shall remain the same
except as specifically set forth herein. In the event of any conflict between the terms of the
Master License Agreement and this Third Addendum, this Third Addendum shall control.
E. Entire Addendum. The Master License Agreement, this Third Addendum, and the exhibits
thereto constitute the full and entire understanding and agreement between the parties with
regard to the license contemplated herein, and no party shall be liable or bound to any other
in any manner by any representations, warranties, covenants and agreements except as
specifically set forth herein. Specifically, it is the intent of the Parties that this Third
Meridian City Council Meeting Agenda March 12, 2019 – Page 263 of 480
Addendum shall supersede and replace all prior amendments and addenda to the Master
License Agreement.
F. Recitals Incorporated b\ Reference. The Recitals of this Third Addendum are incorporated
by this reference into this Third Addendum.
IN WITNESS WHEREOF, the parties hereto have executed this Third Addendum as of
the date first set forth above.
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THIRD AMENDMENT AND ADDENDUM TO MASTER LICENSE AGREEMENT
FOR REGULATION AND MAINTENANCE OF SIDEWALK FACILITIES IN THE MERIDIAN CORE PAGE 3
EXHIBIT C
THIRD AMENDMENT AND ADDENDUM TO MASTER LICENSE AGREEMENT
FOR REGULATION AND MAINTENANCE OF SIDEWALK FACILITIES IN THE MERIDIAN CORE PAGE 4
Parklet Standards
A. GENERAL REQUIREMENTS :
1. City Core: Parklets are allowed in the City of Meridian only in the City Core, as such term is
defined in Meridian City Code Title 8, Chapter 1.
2. Permit: Parklets may be installed only at the time, in the place, and in the manner set forth
in a duly issued City of Meridian Parklet Permit.
3. Speed Limit: A parklet may only be permitted on streets with a maximum posted speed limit
of 25 miles per hour.
4. Location: In all locations and at all times, parklet improvements must be located at least
twelve-inches (one-foot) from the edge of an adjacent vehicle or bike travel lane.
5. Intersections: In all conditions parklets must be placed at least one parking space away from
intersections, unless protected by a bulbout.
6. Public Usage: Parklets shall be open to the public for usage and not for the exclusive use of
a business. All state and local regulation applying to public spaces within the City of
Meridian, are still in effect with a parklet.
7. Table Service: Parklets may be used for outdoor dining, in a self-service environment and
when open to the general public, but table service is expressly prohibited.
8. Utility Access: Parklets shall allow proper access to fire hydrants and other utilities (storm
water inlets, poles, boxes, valves, etc.)
9. Storm Drainage: Parklets shall allow storm drainage to flow unimpeded into the stormwater
system.
B. FOOTPRINT AND LOCATION (SEE FIGURE 1):
1. Length: The minimum length for a parklet and its required safety features is 20 feet,
including minimum four (4) foot buffers on each end. There is no maximum length for a
parklet, however proposals that make use of two or more parking spaces (more than 40
feet) will require additional review and coordination time.
2. Width: In locations with parallel parking, the maximum parklet width is six feet, measured
from the front of curb (side closest to roadway). A wider parklet may be possible on streets
with angled parking or where the parking lane is wider than eight feet. Additional
coordination and review time with the City of Meridian and Ada County Highway District
will be required prior to approval in these conditions.
Meridian City Council Meeting Agenda March 12, 2019 – Page 265 of 480
THIRD AMENDMENT AND ADDENDUM TO MASTER LICENSE AGREEMENT
FOR REGULATION AND MAINTENANCE OF SIDEWALK FACILITIES IN THE MERIDIAN CORE PAGE 5
Figure 1
C. B UFFERS (SEE F IGURES 2 AND 3):
1. Each parklet must have a buffer, i.e., an area or supportive temporary elements surrounding
the Parklet to delineate and protect both automotive and pedestrian uses.
2. A minimum four foot buffer on both ends of the parklet is required, except that for parklets
located next to a bulbout, a buffer is not required on the side immediately adjacent to the
bulbout.
3. No parklet, platform, seating area, or other pedestrian space unassociated with parking may
be located within required buffers.
4. Wheel stops must be installed on the outside edge of any buffer (approximately four feet
from the parklet), and at least one foot away from the front of curb.
5. Reflective traffic posts are required on each outside corner of the buffer, closest to the
adjacent travel lanes.
6. In addition to wheel-stops, buffers should be decorated with planted containers, bike racks,
or other decorative features that both enhance placemaking and also serve as a vehicle
obstruction.
Meridian City Council Meeting Agenda March 12, 2019 – Page 266 of 480
THIRD AMENDMENT AND ADDENDUM TO MASTER LICENSE AGREEMENT
FOR REGULATION AND MAINTENANCE OF SIDEWALK FACILITIES IN THE MERIDIAN CORE PAGE 6
Figure 2
Figure 3
Meridian City Council Meeting Agenda March 12, 2019 – Page 267 of 480
THIRD AMENDMENT AND ADDENDUM TO MASTER LICENSE AGREEMENT
FOR REGULATION AND MAINTENANCE OF SIDEWALK FACILITIES IN THE MERIDIAN CORE PAGE 7
D. V ERTICAL E LEMENTS (SEE F IGURE 4):
1. In all conditions, delineation between the nearest travel lane and edge or proposed parklet
must be easily distinguished by motorists, bicyclists, and pedestrians.
2. Parklets must have a continuous raised edge along the travel lane and be at least 30-inches
tall, measured from the adjacent street surface. Examples include railings, planters, and seat
walls.
3. Within 20 feet of a crosswalk or legal crossing, the vertical height of any constructed or
planted portion of parklet may not exceed 36-inches (three-feet). Note: legal crosswalks at
intersections are not always marked.
4. Overhead features may not extend beyond the street edge footprint of the parklet and
must be at least 8 feet high if over a pedestrian walkway.
Figure 4
E. F RAME AND D ECK (SEE F IGURE 5):
1. Construction and installation of a frame and deck must be carefully designed to limit
adverse impacts to existing infrastructure.
2. The parklet frame must be a freestanding structural foundation that rests on the street
surface.
Meridian City Council Meeting Agenda March 12, 2019 – Page 268 of 480
THIRD AMENDMENT AND ADDENDUM TO MASTER LICENSE AGREEMENT
FOR REGULATION AND MAINTENANCE OF SIDEWALK FACILITIES IN THE MERIDIAN CORE PAGE 8
a. Frame must not be permanently attached to the street, curb, or adjacent planting
strip, and must not damage the asphalt, gutter, or curb, except that;
b. Pins may be used to secure the deck in place on the face of curb and along the
travel lane, when a street rehabilitation plan is submitted with the application and
approved by ACHD.
3. A minimum twelve-inch drainage channel is required abutting the front of curb. Depending
on existing site-specific conditions, a larger gap may be required. The drainage channel
may be enclosed with a screen to prevent debris from accumulating under the parklet, but
water must be able to easily pass through it.
4. The entire parklet structure must be constructed to allow for easy removal when required
by the City or ACHD. Wood frame, steel frame, or pedestal support systems are
recommended.
a. Concrete may be used in conjunction with a plastic slip-sheet or similar material, to
prevent the concrete from binding to the street.
b. The weight of the deck must be less than 200 pounds per square foot.
5. The height of the deck surface should be flush with the adjacent sidewalk. ADA treatments,
such as a ramp or beveled edge, will be required if the vertical gap exceeds ¼ inch.
Exceptions may be made if accommodations are included that allow for participation by all
users.
6. A maximum horizontal gap of ½ inch between the curb and the deck is allowed. Exceptions
may be made if accommodations are included that allow for participation by all users.
7. All walking surfaces should be non-slip and weather resilient to ensure safety and
accessibility.
8. The parklet shall be constructed of high-quality, durable, and aesthetically-pleasing
materials. Steel and other metals, finished woods, and salvaged building materials are
recommended.
9. Materials shall be non-reflective except for required safety features.
10. The finished structure shall not have protruding edges or appurtenances that present a
hazard to users or passersby.
Meridian City Council Meeting Agenda March 12, 2019 – Page 269 of 480
THIRD AMENDMENT AND ADDENDUM TO MASTER LICENSE AGREEMENT
FOR REGULATION AND MAINTENANCE OF SIDEWALK FACILITIES IN THE MERIDIAN CORE PAGE 9
Figure 5
F. A CCESSIBILITY :
1. All parklet designs must integrate at least one Americans with Disability Acts (ADA) access
point for each parking space used. Exceptions may be made that address ADA and that
allow for participation by all users.
2. Seating must be accessible and meet ADA requirements for the turning movement (60”
diameter turning circle) and the resting space of a wheelchair. Exceptions may be made that
address ADA and that allow for participation by all users.
G. P ARKLET F URNISHINGS :
1. For each converted parking location, all parklets are required to incorporate at least two
built-in or affixed seats that are available during all day-time hours, including those times a
hosting business may be closed.
2. Additional movable seating is recommended, and must be secured (e.g. – locked with
cables to the parklet structure) or removed and stored at the end of the day.
3. Heating and cooling features may be allowed in parklets, but must comply with Title 10
requirements of Meridian City code, and may require additional review and approval time
by the City of Meridian Fire Department.
Meridian City Council Meeting Agenda March 12, 2019 – Page 270 of 480
THIRD AMENDMENT AND ADDENDUM TO MASTER LICENSE AGREEMENT
FOR REGULATION AND MAINTENANCE OF SIDEWALK FACILITIES IN THE MERIDIAN CORE PAGE 10
4. Bike parking is allowed and encouraged within the parklet, within the parklet buffer, and
within the adjacent street furnishing zone provided a five foot clear zone is preserved on
the sidewalk, regardless of bike parking configuration.
5. Lighting may be allowed, provided it complies with requirements of Title 8, Meridian City
Code.
a. Decorative or seasonal lighting may be allowed in street trees near the parklet, but
requires review and approval by the City of Meridian Arborist.
b. Flashing lights and cords or other tripping hazards that extend over the clear zone
are not allowed.
c. Supplemental lighting is required if the parklet is operated during nighttime hours.
Supplemental lighting must meet all outdoor lighting standards as set forth in
section 11-3A-11 of Meridian City code, except that white string lighting shall be
exempt from the forty (40) day duration limitation. Lighting output should meet best
practices for sidewalks or pathway lighting.
H. LANDSCAPING :
1. A landscape element is required as part of any parklet. For example, landscape elements
may be incorporated as planter boxes, hanging planters, large potted plants, green walls, or
raised beds.
2. Irrigation or scheduled manual watering is required to be provided by the host business or
downtown business association.
3. Distressed and damaged plants must be replaced.
I. S IGNS :
1. All parklets must feature a City-approved sign indicating that it is open to the public and
smoke-free. These signs must be mounted to both ends of the parklet and must be visible
from the adjacent sidewalk in each direction.
2. Signs acknowledging sponsorship, logos, or designs that “brand” the parklet must comply
with any relevant provisions of Title 8 and Title 11 of Meridian City code.
J. U SE OF S IDEWALK , P ARKWAY , AND S TREET F URNISHING Z ONES :
In some locations, it may be possible to extend a parklet onto the adjacent street furnishing zone.
Proposals will be considered on a case-by-case basis to ensure that adequate sidewalk width is
maintained and that street trees are protected. The following additional rules apply in these cases.
Meridian City Council Meeting Agenda March 12, 2019 – Page 271 of 480
THIRD AMENDMENT AND ADDENDUM TO MASTER LICENSE AGREEMENT
FOR REGULATION AND MAINTENANCE OF SIDEWALK FACILITIES IN THE MERIDIAN CORE PAGE 11
1. Parklet design shall be planned and designed in a way that does not direct foot traffic
through a tree pit or over the top of a tree grate.
2. Placing benches, planter boxes, and other structures in the tree pit or on top of a tree grate
is not allowed.
3. In all cases and without exception, the required clear zone per Title 8, Meridian City Code
must be available.
Meridian City Council Meeting Agenda March 12, 2019 – Page 272 of 480