HomeMy WebLinkAboutParks Department Meridian Road Island Beautification Budget Amendment Mayor Robert E. Simison
E City Council Members:
IDIAN*4-�-
Treg Bernt Brad Hoaglun
Joe Borton Jessica Penrreault
D A H 0 Luke Cavener Liz Strader
MEMORANDUM
TO: Mayor Simison and City Council
FROM: Mike Barton,Parks Superintendent
DATE: February 7, 2022
RE: Meridian Road Island Beautification
Background
At the 10-19-21 Council meeting we presented an idea to beautify the two remnant parcels north of west ADA
Street. We discussed the unsightly appearance of these parcels, cost and the possibility of completing this
project outside the normal budget process. We received direction from Council to move this project forward by
executing a license agreement between the city and the owner that allows us to make these improvements and to
bring back a budget amendment in the amount of 45,000 so these improvements can be made in the spring of
2022.
Our legal department prepared a license agreement and the agreement was sent to the owner for signature. We
received a signed copy back on 1-14-22.
Action
We are requesting approval of a budget amendment of 45,000 for construction,maintenance and approval of a
license agreement between the City and Concept Investments,LLP.
Page 139
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1127/2022 8'05AM City of Meridian FY2022 Budget Amendment Form
Prior Year(S) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Parks and Recreation
Funding 2022 2023 2024 2025 2026 Title: Meridian Road Island Beautification
Personnel $ $ $ - $ - $ ins trucGo uw for Subu+ttuue,Budget A—Idureuts
Operating $ 45,000 5 3,200 $ 3,200 $ 3,200 $ 3,200 )Department wiY setm Anlendlnem with Ditect(gs tlsnature to FtnaMa{Budget Analyst)for reweve
Capital $ - )Flrw ee will seam Arnenoment to CowlCit L18LW for sjynature
Total $ $ 45,000 $ 3,200 $ 3,200 $ 3,200 $ 3,200 ) cnuncu ua400 rwe WWI%giro Amendment to mavor
Total Estimated Project Cost: $ 57,800 )Mayor WIN ssrm signed Ame>,nrrrnt to F"noe teudpet Ana"tl
Evaluation Questions
) Finance EBucyet 4naly1ey wilt send approved copy of Amendment to Ekpanment
Please answer all Evaluation Questions using the financial data referenced above. . Department wyll add copy CO ARrermrnem to Council AW*a US,%NOYus A"nda knnew
1. Describe what is being requested? 1
We were asked about one year ago to look into the feasibility of purchasing and/or obtaining a license agreement for the purpose of landscaping 12 and 20 E Ada St similar to
what's been done on the two parcels just north and south of these along Main St and Meridian Rd.We reached out to the owner to begin the process about one year ago.
Beautifying these parcels was discussed with council on On 10-19-21.Council was in favor of us working with the property owner to obtain a license agreement that would allow
the city to landscape and maintain these parcels. We just recently received a signed license agreement from the owner.
2. Why was this budget request not submitted during the current fiscal year budget cyclet
We did not have a signed license agreement from the owner until after the current year budget cycle.
i
i 3. What is the explanation for not submitting this budget request during the next fiscal Year budget cycle?
Waiting to fund this project until ry23 would delay the beautification until the spring of 2023 therefore at the direction of council we are bringing forward a budget amendment
for consideration.
4.Describe the proposed method of funding? If funding is split between Funds(i.e..General,Enterprise,Grant),please include the percentage split, List the amounts and
sources of anticipated additional revenue that will result from approval of this request,
General fund.
i
-5.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan?
6. Does tPiis request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments.
F Potable water.
7.Does this Amendment include any needed Equipment or Software that will utilize the C 's network? Yes or No N
8-Is the amendment going to result in the disposal of an asset?{Yes or No) H "
9,Any additional comments?
Total Amendment Request $ 45,000
ry effort should be made to avoid reopening the budget for an amendment. Departments will need to provide backup and appear before the City Council to justify budget amendments.
v Budget amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall.
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City of Meridian FY2022 Budget Amendment Form C,kUserslmbartonl)ocuments1FY2022-Budget-Amendment Meridian Rd Island Beautification
Item#s. Mayor Robert E. Simison
E ID!
AN City Council Members:
Treg Bernt Brad Hoaglun
Joe Borton Jessica Perreault
A H C Luke Cavener Liz Strader
MEMORANDUM
TO: Mayor Simison and City Council
FROM: Mike Barton, Parks Superintendent
DATE: February 7, 2022
RE: Meridian Road Island Beautification
Background
At the 10-19-21 Council meeting we presented an idea to beautify the two remnant parcels north of west ADA
Street. We discussed the unsightly appearance of these parcels, cost and the possibility of completing this
project outside the normal budget process. We received direction from Council to move this project forward by
executing a license agreement between the city and the owner that allows us to make these improvements and to
bring back a budget amendment in the amount of 45,000 so these improvements can be made in the spring of
2022.
Our legal department prepared a license agreement and the agreement was sent to the owner for signature. We
received a signed copy back on 1-14-22.
Action
We are requesting approval of a budget amendment of 45,000 for construction, maintenance and approval of a
license agreement between the City and Concept Investments, LLP.
Page 142
LICENSE AGREEMENT FOR LANDSCAPE IMPROVEMENTS AND MAINTENANCE
This LICENSE AGREEMENT FOR LANDSCAPE MAINTENANCE("Agreement")is
made effective this�—day of December,2021 ("Effective Date"), by and between the City of
Meridian,a municipal corporation organized under the laws of the State of Idaho("Licensee")
whose address is 33 E. Broadway, Meridian,Idaho 83642, and Concept Investments,LLP, a
limited liability partnership organized under the laws of the State of Idaho("Licensor)whose
mailing address is P.O. Box 6404, Boise, Idaho 83707-6404.Licensee and Licensor may be
collectively referred to as"Parties."
WHEREAS, Licensor owns Ada County parcel nos. R1039000247 and R1039000260(the
"Subject Parcels"or"Licensed Premises"), located at 12 E. Ada and 20 E.Ada Street in Meridian,
Idaho,which are strips of land that abut Northbound and Southbound Meridian road,part of the
"split connector"roadway project;
WHEREAS,the Subject Parcels are adjacent to properties owned by the Ada County
Highway District and the Nampa Meridian Irrigation district, said parcels having been landscaped
with a mix of turf, shrubs,natural grasses,and trees;
WHEREAS,the Subject Parcels are not currently landscaped and Licensor has no
immediate plans to develop the Subject Parcels;
WHEREAS, Licensee desires to install landscaping and maintain the Subject Parcels on
behalf of the citizens of Meridian to provide a visually pleasing open space until such time as
Licensee desires to develop the Subject Parcels;
WHEREAS, it is mutually beneficial for both Parties for Licensee to assume responsibility
for landscaping and maintaining the Subject Parcels;
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. Licensor hereby grants to Licensee,as grantee, a non-exclusive license on,
over,across,under,and through the Licensed Premises, for the limited purposes of installation and
maintenance of landscaping,to including turf,shrubs, natural grasses,and trees at Licensee's
discretion for use as landscaped open space.
2. Term and termination.This Agreement shall be in effect for an Initial Term beginning on
the Effective Date ending on September 30,2031. After the Initial Term, this agreement will
automatically renew for successive one-year extension terms,unless terminated by either party upon
90-day notice prior to the end of the current extension term. Licensor may terminate this agreement
at any time upon receiving conditional development approval for a site development application
LICENSE AGREEMENT PAGE 1 OF 3
Page 143
Item#9.
from the City of Meridian for the Subject Parcel(s). Licensor shall provide Licensee at least ninety
(90)days' written notice of Licensoe's intent to develop the property. Licensee's obligation to
maintain the Licensed Premises is subject to annual budget appropriations by the City of Meridian.
3. Maintenance.Licensee shall maintain the landscaping on the Licensed Premises in good
condition and repair, and as may be needed to satisfy applicable laws,policies,and reasonable
discretion of Licensor,and sound landscape maintenance practices.
4. Damage or destruction.In the event that the landscaping on the Licensed Premises is
damaged or destroyed, in whole or in part,Licensee may restore or replace the landscaping,subject
to availability of sufficient funds.
5. Water.Licensee shall pay for the provision of and continued use of water to the Licensed
Premises, if any.
6. Insurance to be obtained by Licensee. Licensee 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 Licensor's insurable interests shall be
the sole responsibility of Licensor.
7. 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.
8. Hold harmless. Licensee agrees to hold the Licensor, its successors, assigns,and agents
harmless from any and all claims, liability, losses, costs,charges,or expense that arise from
Licensee's use or use by its employees, licensees,agents,invitees, or representatives,of the
Licensed Premises pursuant to the license granted hereby.
9. Remedies. In the event of a breach hereunder by either 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 party shall be
entitled to recover its costs incurred therein,including reasonable attorneys' fees.
10. Assignment. Neither party shall sell, transfer, or assign its interest in this Agreement
without first providing written notice to the other party.
11. Obstructions. Neither Licensor nor Licensee shall install or permit any fence,sign, or other
barrier within or across the Licensed Premises. 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 the Licensed Premises, so long as such work is conducted
in the most expeditious manner reasonably possible.
12. 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
mailed, via U.S. Mail, prepaid and addressed to the respective Parry's current registered agent as
enumerated in the records of the Idaho Secretary of State.
LICENSE AGREEMENT PAGE 2 OF 3
Page 144
Item#9.
13. 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.
14. 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.
15. 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.
16. Warranty of authority. The person executing this Agreement on behalf of Licensor
represents and warrants due authorization to do so on behalf of Licensor,and that upon execution
on behalf of Licensor,the same is binding upon,and shall inure to the benefit of,Licensor.
IN WITNESS WHEREOF,the undersigned have caused this Agreement to be executed
the day and year first written above.
END OF TEXT. SIGNATURES ON NEXT PAGE.
LICENSE AGREEMENT PAGE 3 OF 3
Page 145
if
Item#9.
LICENSE AGREEMENT FOR LANDSCAPE IMPROVEMENTS AND MAINTENANCE
This LICENSE AGREEMENT FOR LANDSCAPE MAINTENANCE("Agreement") is
made effective this day of December,2021 ("Effective Date"), by and between the City of
Meridian, a municipal corporation organized under the laws of the State of Idaho ("Licensee")
whose address is 33 E. Broadway, Meridian, Idaho 83642, and Concept Investments,LLP, a
limited liability partnership organized under the laws of the State of Idaho ("Licensor")whose
mailing address is P.O. Box 6404, Boise, Idaho 83707-6404. Licensee and Licensor may be
collectively referred to as"Parties."
WHEREAS, Licensor owns Ada County parcel nos. R1039000247 and R1039000260 (the
"Subject Parcels" or"Licensed Premises"), located at 12 E. Ada and 20 E. Ada Street in Meridian,
Idaho,which are strips of land that abut Northbound and Southbound Meridian road,part of the
"split connector"roadway project;
WHEREAS, the Subject Parcels are adjacent to properties owned by the Ada County
Highway District and the Nampa Meridian Irrigation district, said parcels having been landscaped
with a mix of turf, shrubs, natural grasses, and trees;
WHEREAS,the Subject Parcels are not currently landscaped and Licensor has no
immediate plans to develop the Subject Parcels;
WHEREAS, Licensee desires to install landscaping and maintain the Subject Parcels on
behalf of the citizens of Meridian to provide a visually pleasing open space until such time as
Licensee desires to develop the Subject Parcels;
WHEREAS, it is mutually beneficial for both Parties for Licensee to assume responsibility
for landscaping and maintaining the Subject Parcels;
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. Licensor hereby grants to Licensee, as grantee, a non-exclusive license on,
over, across, under, and through the Licensed Premises, for the limited purposes of installation and
maintenance of landscaping, to including turf, shrubs, natural grasses, and trees at Licensee's
discretion for use as landscaped open space.
2. Term and termination. This Agreement shall be in effect for an Initial Term beginning on
the Effective Date ending on September 30, 2031. After the Initial Term, this agreement will
automatically renew for successive one-year extension terms, unless terminated by either party upon
90-day notice prior to the end of the current extension term. Licensor may terminate this agreement
at any time upon receiving conditional development approval for a site development application
LICENSE AGREEMENT PAGE 1 OF 3 Page 147
Item#9.
from the City of Meridian for the Subject Parcel(s). Licensor shall provide Licensee at least ninety
(90) days' written notice of Licensor's intent to develop the property. Licensee's obligation to
maintain the Licensed Premises is subject to annual budget appropriations by the City of Meridian.
3. Maintenance. Licensee shall maintain the landscaping on the Licensed Premises in good
condition and repair, and as may be needed to satisfy applicable laws, policies, and reasonable
discretion of Licensor, and sound landscape maintenance practices.
4. Damage or destruction.In the event that the landscaping on the Licensed Premises is
damaged or destroyed, in whole or in part,Licensee may restore or replace the landscaping, subject
to availability of sufficient funds.
5. Water. Licensee shall pay for the provision of and continued use of water to the Licensed
Premises, if any.
6. Insurance to be obtained by Licensee. Licensee 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 Licensor's insurable interests shall be
the sole responsibility of Licensor.
7. 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.
8. Hold harmless. Licensee agrees to hold the Licensor, its successors, assigns, and agents
harmless from any and all claims, liability, losses, costs, charges,or expense that arise from
Licensee's use or use by its employees, licensees, agents, invitees, or representatives, of the
Licensed Premises pursuant to the license granted hereby.
9. Remedies. In the event of a breach hereunder by either 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 party shall be
entitled to recover its costs incurred therein,including reasonable attorneys' fees.
10. Assignment. Neither party shall sell,transfer, or assign its interest in this Agreement
without first providing written notice to the other party.
11. Obstructions. Neither Licensor nor Licensee shall install or permit any fence, sign, or other
barrier within or across the Licensed Premises. 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 the Licensed Premises, so long as such work is conducted
in the most expeditious manner reasonably possible.
12. 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
mailed, via U.S. Mail, prepaid and addressed to the respective Party's current registered agent as
enumerated in the records of the Idaho Secretary of State.
LICENSE AGREEMENT PAGE 2 OF 3 Page 148
r
Item#9.
13. 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 tenns of this Agreement may not be enlarged, modified
or altered except upon written agreement signed by both parties hereto.
14. 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.
15. 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.
16. Warranty of authority. The person executing this Agreement on behalf of Licensor
represents and warrants due authorization to do so on behalf of Licensor, and that upon execution
on behalf of Licensor, the same is binding upon, and shall inure to the benefit of, Licensor.
IN WITNESS WHEREOF,the undersigned have caused this Agreement to be executed
the day and year first written above.
END OF TEXT. SIGNATURES ON NEXT PAGE.
LICENSE AGREEMENT PAGE 3 OF Page 149