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HomeMy WebLinkAbout2007-10-16C� fERjDIAN*,,_.., I • Revised 10-15-07 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, October 16, 2007 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll -call Attendance: David Zaremba _ Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: /QaJPk ChAPPeM 3. Community Invocation by Pastor Darrell Taylor with Cherry Lane Christian Church: 4. Adoption of the Agenda: A- 5. Consent Agenda: A. Approve Minutes of September 11, 2007 Pre -Council Meeting: �aa� B. Approve Minutes of September 25, 2007 City Council Regular Meeting: e117�V.C- C. Approve Minutes of October 2, 2007 City Council Regular Meeting. D. Findings of Fact and Conclusions of Law for Denial: VAR 07-016 Request for a Variance to UDC 11-4-3-43.1.2 that requires communication towers to be set back from all publicly owned right- of-way a minimum of two times the height of the tower to be installed, to allow a 50 foot setback instead of a 100 foot setback as required, by T -Mobile — 3100 East Florence Street: 4WD a ^<- Meridian City Council Meeting Agenda — October 16, 2007 Page 1 of 4 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. r 0 Revised 10-15-07 E. Second Addendum to Development Agreement: : MI 07-010 Request for a Miscellaneous application for Modification of the existing Development Agreement for Hampton Inn & Suites to allow all principally permitted uses within the C -G District for Hampton Inn & Suites Addition by Hotel Developers – Boise, LLC – 815 & 875 South Allen Street and 2870 East Freeway: 47711*1'0 V-C— F. Addendum to Development Agreement: MI 07-007 Request for a Miscellaneous application to Modify the Development Agreement to remove the Conditional Use Permit requirement for all commercial development in the C -G zone and instead require design review approval of all commercial development in the C -G zone for Paramount Commercial Southwest by Ustick Marketplace, LLC – Northeast Comer of North Linder Road and West McMillan Road: 47'V"V%C- G. Water Main Easement Agreement for Diamond Point Building- by uildingby Syringa Properties:�,,,9„e_ H. Sanitary Sewer and Water Main Easement Agreement for Creamline Park Subdivision by Ronald Van Auker: I. Water Main Easement Agreement for Lowe's (Overland) by Karcher Crossing: 4� rwu-c– J. Resolution No. 7— J Z Renewal and Amendment of Patio Lease at Generations Plaza: a7,1w,, K. Task Order 3.0 – Operations and Maintenance Audit with CH2M HILL for $18,257: 112771" V-r— L. Pathway License Agreement with Nampa & Meridian Irrigation District for Rushmore Subdivision: afl--"o V. --- M. Agreement for Professional Services for Safety Manager / Consulting with Safety Enterprise, Inc. for $24,000: tee, N. Personal Services Contract between the City of Meridian and Whitman & Associates. Inc. to provide building inspection services and plan reviews for structures constructed within the City of Meridian: GrO�- O. Personal Services Contract between the City of Meridian and RIMI, Inc. to provide mechanical inspection services and plan reviews for structures constructed within the City of Meridian: r�vw Meridian City Council Meeting Agenda — October 16, 2007 Page 2 of 4 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. Revised 10-15-07 P. Personal Services Contract between the City of Meridian and DMH, Enterprises to provide plumbing inspection services and plan reviews for structures constructed within the City of Meridian: Arf0Ybv,<- Q. Personal Services Contract between the City of Meridian and Harold's Electric, Inc. to provide electrical inspection services and plan reviews for structures constructed within the City of Meridian: ayjPvv v--' R. Personal Services Contract between the City of Meridian and Greene's Fire Protection & Safety Services, Inc. to provide fire inspection services and plan reviews for structures constructed within the City of Meridian:�o�-- 6. Department Reports: — A-0 ^111-10 7. Items Moved from Consent Agenda: "^e�y 8. Tabled from October 2, 2007: FP 07-026 Request for Final Plat approval for 140 single-family building lots and 21 common lots on 89.70 acres in R-2, R-8 and R-15 zones for Jayker Subdivision No. 1 by Treehaven, LLC — 4042 West Chinden Boulevard: "gw /O_� 3.07 9. Tabled from October 2, 2007: FP 07-030 Request for Final Plat approval for 50 single-family building lots and 14 common lots on 10.10 acres in an R-4 zone for Barava Subdivision No. 1 by Dyver Development, LLC — east of Black Cat Road on Franklin Road:�� 10. Tabled from October 2, 2007: FP 07-031 Request for Final Plat approval for 50 single-family building lots and 2 common lots on 10.55 acres in an R-4 zone for Barava Subdivision No. 2 by Dyver Development, LLC — east of Black Cat Road on Franklin Road: 11. Tabled from October 2, 2007: FP 07-032 Request for Final Plat approval for 192 multi -family units on 48 building lots and 1 common lot on 13.99 acres in an R-15 zone for Canterbury Commons Subdivision by Canterbury Commons, LLC — south of West Pine Avenue and east of North Ten Mile Road: yle"`1 plz, 4-, !v _ 2- 9 , o 7 12. Continued Public Hearing from October 2, 2007: AZ 07-006 Request for Annexation and Zoning of 94.69 acres from RUT to a C -G zone for Pinebridge by Stanley Consultants — south of East Fairview Avenue, east Meridian City Council Meeting Agenda — October 16, 2007 Page 3 of 4 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. Revised 10-15-07 of North Locust Grove Road and west of North Eagle Road: Request to Continue Public Hearing to October 23, 2007 13. Continued Public Hearing from October 2, 2007: RZ 07-010 Request for a Rezone of 75.67 acres from I -L and L -O zones to a C -G zone for Pinebridge by Stanley Consultants — south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: Request to Continue Public Hearing to October 23, 2007 civ -^,A 14. Continued Public Hearing from October 2, 2007: PP 07-008 Request for Preliminary Plat approval of 61 building lots and 21 common lots on 170 +/- acres in a proposed C -G zone for Pinebridge by Stanley Consultants — south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: Request to Continue Public Hearing to October 23, 2007 Cer+�rnue� 15. Continued Public Hearing from October 2, 2007: VAR 07-007 Request for a Variance Application for two access points to North Eagle Road for Pinebridge by Stanley Consultants — south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: Request to Continue Public Hearing to October 23, 2007 c&W-bhM.'e— 16. Public Hearing: SHP 07-006 Request for a Short Plat approval to create 3 commercial building lots on 0.98 of an acre in a C -G zone for Minert Plaza by Specialty Contracting, LLC — 623 East Shiller Lane: 17. Public Hearing: MI 07-012 Request for a Miscellaneous application to modify several provisions of the recorded Development Agreement (Inst. 107099628) for the Gardner Ahlquist development and to include both phases of Gardner Ahlquist Subdivision into one Development Agreement for Gardner Ahlquist Gateway by Timberline Surveying, PLLC — Southeast Comer of East Franklin Road and North Eagle Road:j�c.. 18. Public Hearing: VAR 07-018 Request for a Variance to construct up to 35 feet of landscaping within the Idaho Transportation Department's right- of-way on Eagle Road for Gardner Ahlguist Gateway by Timberline Surveying, PLLC — Southeast Comer of East Franklin Road and North Eagle Road: a7)v%e- 19. Public Hearing: VAC 07-012 Request for a Vacation of the public utility, drainage and irrigation easements for Montvue Park Subdivision for Gardner Ahlguist Gateway by Timberline Surveying, PLLC — Southeast Comer of East Franklin Road and North Eagle Road: a77?,,.a A— Meridian City Council Meeting Agenda — October 16, 2007 Page 4 of 4 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. I ais -moi CM*'*`EP,ID1AN*,,_­, CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, October 16, 2007 at 7:00 p.m. `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter. " 1. Roll -call Attendance: David Zaremba Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Darrell Taylor with Cherry Lane Christian Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of September 11, 2007 Pre -Council Meeting: B. Approve Minutes of September 25, 2007 City Council Regular Meeting: C. Approve Minutes of October 2, 2007 City Council Regular Meeting. D. Findings of Fact and Conclusions of Law for Denial: VAR 07-016 Request for a Variance to UDC 11-4-3-43.1.2 that requires communication towers to be set back from all publicly owned right- of-way a minimum of two times the height of the tower to be installed, to allow a 50 foot setback instead of a 100 foot setback as required, by T -Mobile — 3100 East Florence Street: Meridian City Council Meeting Agenda — October 16, 2007 Page 1 of 5 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. 0 • E. Second Addendum to Development Agreement: : MI 07-010 Request for a Miscellaneous application for Modification of the existing Development Agreement for Hampton Inn & Suites to allow all principally permitted uses within the C -G District for Hampton Inn & Suites Addition by Hotel Developers — Boise, LLC — 815 & 875 South Allen Street and 2870 East Freeway: F. Addendum to Development Agreement: MI 07-007 Request for a Miscellaneous application to Modify the Development Agreement to remove the Conditional Use Permit requirement for all commercial development in the C -G zone and instead require design review approval of all commercial development in the C -G zone for Paramount Commercial Southwest by Ustick Marketplace, LLC — Northeast Comer of North Linder Road and West McMillan Road: G. Resolution No. Surplus Property — Motorcycles: H. Water Main Easement Agreement for Diamond Point Building- by uildingby Syringa Properties: I. Sanitary Sewer and Water Main Easement Agreement for Creamline Park Subdivision by Ronald Van Auker: J. Water Main Easement Agreement for Lowe's (Overland) by Karcher Crossing: K. Renewal and Amendment of Patio Lease at Generations Plaza: L. Task Order 3.0 — Operations and Maintenance Audit with CH2M HILL for $18,257: M. Pathway License Agreement with Nampa & Meridian Irrigation District for Rushmore Subdivision: N. Agreement for Professional Services for Safety Manager / Consultina with Safety Enterprise. Inc. for $24,000: O. Personal Services Contract between the City of Meridian and Whitman & Associates. Inc. to provide building inspection services and plan reviews for structures constructed within the City of Meridian: Meridian City Council Meeting Agenda — October 16, 2007 Page 2 of 5 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. 0 • P. Personal Services Contract between the City of Meridian and RIMI, Inc. to provide mechanical inspection services and plan reviews for structures constructed within the City of Meridian: Q. Personal Services Contract between the City of Meridian and DMH. Enterprises to provide plumbing inspection services and plan reviews for structures constructed within the City of Meridian: R. Personal Services Contract between the City of Meridian and Harold's Electric. Inc. to provide electrical inspection services and plan reviews for structures constructed within the City of Meridian: S. Personal Services Contract between the City of Meridian and Greene's Fire Protection & Safety Services, Inc. to provide fire inspection services and plan reviews for structures constructed within the City of Meridian: 6. Department Reports: 7. Items Moved from Consent Agenda: 8. Tabled from October 2, 2007: FP 07-026 Request for Final Plat approval for 140 single-family building lots and 21 common lots on 89.70 acres in R-2, R-8 and R-15 zones for Jayker Subdivision No. 1 by Treehaven, LLC — 4042 West Chinden Boulevard: 9. Tabled from October 2, 2007: FP 07-030 Request for Final Plat approval for 50 single-family building lots and 14 common lots on 10.10 acres in an R-4 zone for Barava Subdivision No. 1 by Dyver Development, LLC — east of Black Cat Road on Franklin Road: 10. Tabled from October 2, 2007: FP 07-031 Request for Final Plat approval for 50 single-family building lots and 2 common lots on 10.55 acres in an R-4 zone for Barava Subdivision No. 2 by Dyver Development, LLC — east of Black Cat Road on Franklin Road: 11. Tabled from October 2, 2007: FP 07-032 Request for Final Plat approval for 192 multi -family units on 48 building lots and 1 common lot on 13.99 acres in an R-15 zone for Canterbury Commons Subdivision by Canterbury Commons, LLC — south of West Pine Avenue and east of North Ten Mile Road: Meridian City Council Meeting Agenda — October 16, 2007 Page 3 of 5 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. ! 0 12. Continued Public Hearing from October 2, 2007: AZ 07-006 Request for Annexation and Zoning of 94.69 acres from RUT to a C -G zone for Pinebridge by Stanley Consultants — south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: Request to Continue Public Hearing to October 23, 2007 13. Continued Public Hearing from October 2, 2007: RZ 07-010 Request for a Rezone of 75.67 acres from I -L and L -O zones to a C -G zone for Pinebridge by Stanley Consultants — south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: Request to Continue Public Hearing to October 23, 2007 14. Continued Public Hearing from October 2, 2007: PP 07-008 Request for Preliminary Plat approval of 61 building lots and 21 common lots on 170 +/- acres in a proposed C -G zone for Pinebridge by Stanley Consultants — south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: Request to Continue Public Hearing to October 23, 2007 15. Continued Public Hearing from October 2, 2007: VAR 07-007 Request for a Variance Application for two access points to North Eagle Road for Pinebridge by Stanley Consultants — south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: Request to Continue Public Hearing to October 23, 2007 16. Public Hearing: SHP 07-006 Request for a Short Plat approval to create 3 commercial building lots on 0.98 of an acre in a C -G zone for Minert Plaza by Specialty Contracting, LLC — 623 East Shiller Lane: 17. Public Hearing: MI 07-012 Request for a Miscellaneous application to modify several provisions of the recorded Development Agreement (Inst. 107099628) for the Gardner Ahlquist development and to include both phases of Gardner Ahlquist Subdivision into one Development Agreement for Gardner Ahlquist Gateway by Timberline Surveying, PLLC — Southeast Comer of East Franklin Road and North Eagle Road: 18. Public Hearing: VAR 07-018 Request for a Variance to construct up to 35 feet of landscaping within the Idaho Transportation Department's right- of-way on Eagle Road for Gardner Ahlguist Gateway by Timberline Surveying, PLLC — Southeast Comer of East Franklin Road and North Eagle Road: 19. Public Hearing: VAC 07-012 Request for a Vacation of the public utility, drainage and irrigation easements for Montvue Park Subdivision for Meridian City Council Meeting Agenda — October 16, 2007 Page 4 of 5 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. 0 Gardner Ahlquist Gateway by Timberline Surveying, PLLC — Southeast Corner of East Franklin Road and North Eagle Road: Meridian City Council Meeting Agenda — October 16, 2007 Page 5 of 5 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. Broadcast Report Date/Tlme 10-12-2007 03:06:17 p.m. Transmit Header Text City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Une 1 Local ID 2 Local Name 2 Llne 2 This document: Failed (reduced sample and details below) Document size : 8.5 "x11 " CVER,IDIAN 1bAHQ CITY COUNCIL REGULAR MEETING AGENDA City Council: Chambers 33 Fast Who Avenue, Meridian, Idaho Tuesday, October 16, 2007 at 7:00 P.M. 'A though the CRy of A+feridlan no longer requires swam testimony, all presentations before She M9ayor and City Council are expected to be ftffiful and honest to the best of the abAHy of the presenter:' 1. Roll -call Attendance: David Zaremba Joe Borton Chadle Rountree Keith Bird Mayor Tammy de Weard 2. Pledge of Allegiance: 3. Community Invocation by Pastor Darrell Taylor with Cherry Lane Christian Church: 4. Adoption of the Agenda: 8. Consent Agenda: A. Approve Minutes of September 11, 2007 Pre -Council Meeting, B. Approve Minutes of September 25, 2007 City Council Regular Meeting: C. Approve Minutes of October 2, 2007 City Council Regular Meeting. D. Findings of Fact and Conclusions of Low for Dental: PAIR 07-016 Request for a Variance to UDC 11-4-3-43.1.2 that requires communication towers to be set back from all publicly owned right of -way a minimum of two times the height of the bower to be Installed, to allow a 50 foot setback instead of a 100 foot setback as required, by T MobHs - 3100 East Florence Street Meftm City Cowl Meeting Agenda — Octobw 98, 2007 Page 1 of 6 Ag mated* R—nWd at p Me meet W od became WWM ofthe Cityof MarWW, Anyone desbdng Wwwrodethn for dsabllides raWW io do WWM wd/or teaft, pleaseMW 9+e Cdy C16W$ 0ff1W 51888.4433 at 48 horns pdartc the pt& k MWft. Total Pages Scanned: 5 Total Paaes confirmed ! 75 No. Job Remote Station StartTime Duration Pages Line Mode Job Type Results 001 194 3810160 02:34:44 p.m. 10- 12-2007 00:05:15 5/5 1 EC HS CP9600 002 194 8989551 02:34:44 p.m. 10-12-2007 00:01:16 5/5 1 EC HS CP21600 003 194 2088848723 02:34:44 p.m. 10- 12-2007 00:01:22 5/5 1 EC HS CP24000 004 194 8886854 02:34:44 p.m. 10-12-2007 00:01:06 5/5 1 EC HS CP31200 005 194 2088985501 02:34:44 p.m. 10- 12-2007 00:01:23 5/5 1 JEC IHS CP31200 006 194 8467366 02:34:44 p.m. 10- 12-2007 00:01:03 5/5 1 EC IHS ICP28800 007 194 8950390 02:34:44 p.m. 10- 12-2007 00:01:16 5/5 1 JEC IHS ICP28800 Broadcast Report Date/Time 10-12-2007 03:06:24 p.m. Transmit Header Text City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 008 194 2088882682 02:34:44 p.m. 10-12-2007 00:01:00 5/5 1 EC HS CP33600 009 194 8840745 02:34:44 p.m. 10- 12-2007 00:01:01 5/5 1 EC HS CP31200 010 194 2088885052 02:34:44 p.m. 10- 12-2007 00:01:01 5/5 1 EC HS CP31200 011 194 8881983 02:34:44 p.m. 10- 12-2007 00:01:11 5/5 1 EC HS CP24000 012 1194 12083776449 02:34:44 p.m. 10-12-2007 00:01:56 515 1 EC HS C1314400 013 194 4679562 02:34:44 p.m. 10- 12-2007 00:01:16 5/5 1 EC HS CP21600 014 194 8886700 02:34:44 p.m. 10- 12-2007 00:00:00 0/5 1 -- HS FA 015 194 8841159 02:34:44 p.m. 10- 12-2007 00:01:01 5/5 1 EC HS CP31200 016 194 8840744 02:34:44 p.m. 10-12-2007 00:01:07 5/5 1 EC HS CP26400 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group WS: Waiting send MS: Mailbox save FA: Fail RP: Report EC: Error Correct ,(, ,� 6, . Meridian City Council Meeting October 16, 2007 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, October 16, 2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree David Zaremba, and Joe Borton. Others Present: Bill Nary, Will Berg, Ann Canning, John Overton, Ron Anderson, Kyle Radeck, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Good evening. I will go ahead and start tonight's meeting. We appreciate you joining us. We will start tonight's meeting with roll call attendance. Mr. Berg. Item 2: Adoption of the Agenda: De Weerd: Item No. 2 is the pledge of allegiance. Tonight we will be led in the pledge by Ralph. If you will all rise and join us in the pledge. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Darrell Taylor with Cherry Lane Christian Church: De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Darrell Taylor. He's with Cherry Lane Christian Church. If you will all join us in the community invocation or take this as a moment -- a time for a moment of reflection. Pastor. Taylor: Thank you. Father in Heaven, we are truly thankful to live in a country where we are free to express our opinions and ideas and, Father, we ask that you will just guide and direct this meeting tonight, that what is expressed here will -- will help this community to become what it's always been planned to be and that's just a nice place to live and we just ask this in Jesus' name, amen. De Weerd: Thank you for joining us. And I like your pin. That is very sharp. Meridian City Council October 16, 2007 Page 2 of 34 Bird: Isn't that a nice emblem. That logo is so nice. De Weerd: We have changed it. Berg: It sure was. Rountree: It sure was. De Weerd: Yeah. It sure was. Bird: I didn't say was. Item 4: Adoption of the Agenda: De Weerd: Item No. 4 is adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the Consent Agenda, Item No. J, the resolution number is 07-582. On the regular agenda, Item No. 8 about Jayker Subdivision, the request is to continue that until October 23rd. Likewise, Item 11, Canterbury Commons Subdivision, continue that to October 23rd. And the four items on Pinebridge, Item 12, 13, 14 and 15, are also requested to be continued to October 23rd. De Weerd: Do I have a second? Bird: I second it. De Weerd: I have a motion and a second to approve the Consent Agenda as amended. Bird: No. No. Zaremba: Adopt the agenda. De Weerd: Adopt. Bird: The agenda, not -- De Weerd: Agenda. Oh, we are not at the Consent Agenda. All those in favor say aye. Thank you. That was a team effort, wasn't it. Item 5: Consent Agenda: i� Meridian City Council October 16, 2007 Page 3 of 34 0 A. Approve Minutes of September 11, 2007 Pre -Council Meeting: B. Approve Minutes of September 25, 2007 City Council Regular Meeting: C. Approve Minutes of October 2, 2007 City Council Regular Meeting. D. Findings of Fact and Conclusions of Law for Denial: VAR 07-016 Request for a Variance to UDC 11-4-3-43.1.2 that requires communication towers to be set back from all publicly owned right-of-way a minimum of two times the height of the tower to be installed, to allow a 50 foot setback instead of a 100 foot setback as required, by T -Mobile — 3100 East Florence Street: E. Second Addendum to Development Agreement: MI 07-010 Request for a Miscellaneous application for Modification of the existing Development Agreement for Hampton Inn & Suites to allow all principally permitted uses within the C -G District for Hampton Inn & Suites Addition by Hotel Developers — Boise, LLC — 815 & 875 South Allen Street and 2870 East Freeway: F. Addendum to Development Agreement: MI 07-007 Request for a Miscellaneous application to Modify the Development Agreement to remove the Conditional Use Permit requirement for all commercial development in the C -G zone and instead require design review approval of all commercial development in the C -G zone for Paramount Commercial Southwest by Ustick Marketplace, LLC. — Northeast Comer of North Linder Road and West McMillan Road: G. Water Main Easement Agreement for Diamond Point Building by Syringa Properties: H. Sanitary Sewer and Water Main Easement Agreement for Creamline Park Subdivision by Ronald Van Auker: I. Water Main Easement Agreement for Lowe's (Overland) by Karcher Crossing: J. Resolution No. 07-582 : Renewal and Amendment of Patio Lease at Generations Plaza: 0 Meridian City Council October 16, 2007 Page 4 of 34 K. Task Order 3.0 — Operations and Maintenance Audit with CI -12M HILL for $18,257: L. Pathway License Agreement with Nampa & Meridian Irrigation District for Rushmore Subdivision: M. Agreement for Professional Services for Safety Manager / Consulting with Safetv Enterprise, Inc. for $24,000: N. Personal Services Contract between the City of Meridian and Whitman & Associates. Inc. to provide building inspection services and plan reviews for structures constructed within the City of Meridian: O. Personal Services Contract between the City of Meridian and RIMI. Inc. to provide mechanical inspection services and plan reviews for structures constructed within the City of Meridian: P. Personal Services Contract between the City of Meridian and DMH, Enterprises to provide plumbing inspection services and plan reviews for structures constructed within the City of Meridian: Q. Personal Services Contract between the City of Meridian and Harold's Electric. Inc. to provide electrical inspection services and plan reviews for structures constructed within the City of Meridian: R. Personal Services Contract between the City of Meridian and Greene's Fire Protection & Safety Services, Inc. to provide fire inspection services and plan reviews for structures constructed within the City of Meridian: De Weerd: Item 5. Zaremba: Madam Mayor, I move that we accept the Consent Agenda, noting that Item J is a resolution number 07-582 and ask the Mayor to sign and the Clerk to attest. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Any discussion? Rountree: None. 0 0 Meridian City Council October 16, 2007 Page 5 of 34 De Weerd: Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: De Weerd: There are no department reports. Item 7: Items Moved from Consent Agenda: De Weerd: Or items moved from the Consent Agenda. Item 8: Tabled from October 2, 2007: FP 07-026 Request for Final Plat approval for 140 single-family building lots and 21 common lots on 89.70 acres in R-2, R-8 and R-15 zones for Jayker Subdivision No. 1 by Treehaven, LLC — 4042 West Chinden Boulevard: De Weerd: Item No. 8 was requested to continue. I need a motion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we continue Item 8 to October 23rd. Bird: Second. De Weerd: I have a motion and a second to approve Item 8. Mr. Berg, will you, please, call roll. I'm song. All those in favor say aye. MOTION CARRIED: ALL AYES. De Weerd: Not to approve, but to continue. Item 9: Tabled from October 2, 2007: FP 07-030 Request for Final Plat approval for 50 single-family building lots and 14 common lots on 10.10 acres in an R-4 zone for Barava Subdivision No. 1 by Dyver Development, LLC — east of Black Cat Road on Franklin Road: Item 10: Tabled from October 2, 2007: FP 07-031 Request for Final Plat approval for 50 single-family building lots and 2 common lots on 10.55 • Meridian City Council October 16, 2007 Page 6 of 34 0 acres in an R-4 zone for Barava Subdivision No. 2 by Dyver Development, LLC — east of Black Cat Road on Franklin Road: De Weerd: Item No. 9 is tabled from October 2nd. We did receive comments from the applicant. They were in agreement with staff comments. Do you have anything further, Anna? Canning: No, ma'am. De Weerd: Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve FP 07-030 for -- and FP 07-031. Rountree: Second. De Weerd: I have a motion and a second to approve Items 9 and 10. Is there any discussion? Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 11: Tabled from October 2, 2007: FP 07-032 Request for Final Plat approval for 192 multi -family units on 48 building lots and 1 common lot on 13.99 acres in an R-15 zone for Canterbury Commons Subdivision by Canterbury Commons, LLC — south of West Pine Avenue and east of North Ten Mile Road: De Weerd: Item 11 is tabled from October 2nd also requested to be continued. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we table FP 07-032 to October 23rd, 2007. Zaremba: Second. De Weerd: I have a motion and a second to continue Item 11. All those in favor say aye. All ayes. Motion carries. �J Meridian City Council October 16, 2007 Page 7 of 34 MOTION CARRIED: ALL AYES. C� J Item 12: Continued Public Hearing from October 2, 2007: AZ 07-006 Request for Annexation and Zoning of 94.69 acres from RUT to a C -G zone for Pinebridge by Stanley Consultants — south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: Request to Continue Public Hearing to October 23, 2007 Item 13: Continued Public Hearing from October 2, 2007: RZ 07-010 Request for a Rezone of 75.67 acres from I -L and L -O zones to a C -G zone for Pinebridge by Stanley Consultants — south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: Request to Continue Public Hearing to October 23, 2007 Item 14: Continued Public Hearing from October 2, 2007: PP 07-008 Request for Preliminary Plat approval of 61 building lots and 21 common lots on 170 +/- acres in a proposed C -G zone for Pinebridge by Stanley Consultants — south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: Request to Continue Public Hearing to October 23, 2007 Item 15: Continued Public Hearing from October 2, 2007: VAR 07-007 Request for a Variance Application for two access points to North Eagle Road for Pinebridge by Stanley Consultants — south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: Request to Continue Public Hearing to October 23, 2007 De Weerd: Items 12, 13, 14 and 15 on Pinebridge, have also been requested to continue to 10/23. Next week is going to be a long meeting. Bird: I was going to say that's -- Berg: That's my scheduled day off, isn't it? De Weerd: Mr. Zaremba. Zaremba: Madam Mayor, I move we once again continue AZ 07-006, RZ 07-010, PP 07-008, and VAR 07-007, to our regularly scheduled meeting of October 23rd. Rountree: Second. Meridian City Council October 16, 2007 Page 8 of 34 De Weerd: I have a motion and a second to continue Items 12 through 15 to 10/23. All those in favor say aye. All ayes. Motion carnes. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Yes. Borton: In regards to that, that continuance -- this came up when we were doing the agenda is this particular project's been continued three, maybe four times, for a variety of reasons. Regardless of the reason why, there has been some discussion if at some point we are going to require the applicants to re -notice the property and kind of start from scratch. We don't have a room full of people here who are, again, disappointed with another continuance, but it's not a policy that I think we should ignore. If people are coming back and we continue it a week and, then, another week and another week and another week -- at some point we might want to look into, you know, you get one or two bites at the apple and, then, you're going to re -notice, just to avoid the public missing an opportunity to come in and present testimony, so -- it's not specific to this application, but just a concern that we had when we were talking about the agenda on Friday. De Weerd: And that's a valid point. Anna, are they going to be prepared to address this next week? Canning: Madam Mayor, Members of the Council, the reason they requested the continuation was because Blue Cross of Idaho took an interest a little bit later than normal and didn't have comments during the Planning and Zoning Commission period, so they had asked Pinebridge to table it. When it was continued to this day, they -- they had asked that it be continued to this day, but Blue Cross of Idaho wasn't able to come today, so they had to ask for it to be continued again. So, it's been a variety of reasons. This one was unusual in that it was actually a neighbor that requested the continuation and the applicant consented. They were prepared to go forward today, so -- De Weerd: Okay. Canning: It may get continued again, though, to be truthful. They are having a difficult time working some issues out, which they'd like to resolve before they come to you. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, some of you have gotten some contacts from Blue Cross about this particular project and my recommendation was not to meet 0 Meridian City Council October 16, 2007 Page 9 of 34 with them separately, since there is a Public Hearing process that's ongoing. Maybe it would be wise to set this over for more than one week. I did send a letter back to Blue Cross's CEO today indicating we -- I certainly would be happy to meet with them as well on behalf of the city, rather than putting the Mayor and the Council in that position that's troublesome, based on the current state of the law in Idaho. So, maybe it would be best to set this over more than one week. I don't know if Pinebridge has a time issue, but it might make more sense to set this over at least two weeks or even three, just to assure we can get these issues resolved. I don't know if Mrs. Canning has any other insight as to the timing issue, but -- Canning: I'm trying to remember. We had a meeting with Dan Tor iin and I think they were fairly flexible. That's all I can remember. They are eager to move forward. This -- this particular project I think, actually, started and has been continued before Mr. Borton was even on the Council. It's been going for a long time. So, I think they are eager to get it rolling, but another week or two doesn't seem to matter to Mr. Baker all that much, I don't think. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I feel that if Blue Cross has got any objections, they have had plenty of time to bring them forward and I know there is other tenants -- or property owners along there that would like to see that get taken care of, so I think we ought to bring it on next week and let's -- we have waited long enough. Let's get it going. That's my personal opinion. De Weerd: Is that the consensus of Council? We have already moved to continue it until next week. Bird: Yeah. That's -- that's my preference. Rountree: That would be my preference as well. Canning: Madam Mayor, Members of the Council, just to respond to President Borton's comment, we are seeing a lot more continuations. I'm sure you have noticed. It's just been -- it seems like it's every week. I have been thinking about it, because it concerns me, too. I mean it screws up everybody's agenda. There seems to be three different reasons. One is noticing. A lot of people are missing their noticing. There is something we could do about that, we could charge folks to put up the notices. We have been reluctant to do that, especially when we were so busy, it's just -- it's a chore. We, basically, would hire a sign company to do it. But that is an option. It would decrease those continuations. The other one is there just -- even though we have seen a slow down in the economy, the projects that are coming through right now are big and complicated and they are just taking awhile to get all the details worked out. And, then, �J Meridian City Council October 16, 2007 Page 10 of 34 • the third -- I thought there was a third reason, but maybe there is not. The third just seems to be the applicant for whatever reason wants to continue it, because they can't make it. But there are a variety of reasons. It doesn't seem to be one reason overall. But I just thought I'd comment, since Mr. Borton brought it up. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Since we are on the subject and I don't know if this is appropriate now or whether we should put it on the agenda for discussion, but the impact of the signs that are put on property are lost to some extent because so many properties have a notice on them that's from like two years ago. We have property notice signs all over the city and whether or not somebody notices when a new one goes up or not, there are so many old ones still around that I'm thinking that we should have something in the ordinance that gives them the time limit after the Public Hearing for when they have to remove the sign. I don't think we have anything like that. Canning: We do. Zaremba: So, do we need some enforcement or -- De Weerd: Who follows up on it? Canning: I'm sure that Mr. Overton -- or Lieutenant Overton is madly scribbling down that code enforcement needs to -- Borton: Unfortunately, enforcement means somebody has to drive around and read every sign and decide whether the time has passed or -- De Weerd: Well, I think maybe if it's possible, Anna, your -- your department can generate that list for code enforcement, if you have a tracking mechanism. And we talked kind of about that in our directors' meeting today about utilizing a better tracking program that IT has developed. So, maybe that can help. De Weerd: Okay. Zaremba: Thank you. Item 16: Public Hearing: SHP 07-006 Request for a Short Plat approval to create 3 commercial building lots on 0.98 of an acre in a C -G zone for Minert Plaza by Specialty Contracting, LLC — 623 East Shiller Lane: 0 • Meridian City Council October 16, 2007 Page 11 of 34 De Weerd: Well, Good discussion. Item 16 is a Public Hearing on SHP 07-006. 1 will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is Minert Plaza. It's located at 623 East Schiller Lane on the west side of South Stratford Drive, and if you're having a hard time locating it, my window is right there. So, it's just north of the planning department and building department offices and Public Works. Oh, yeah. Public Works. So, the application before you is a short plat. Now, you may be wondering why we are having a Public Hearing on a short plat when you have never had one before. This is, indeed, the first time you have had a hearing on a short plat. We have adopted the short plat process with the Unified Development Code. Originally, we had them in as an administrative plat. As we looked at state code we realized that you all needed to sign it, so we were putting them on your Consent Agenda for your approval and, then, as we looked at it further and as we -- we did the last code amendment, we realized they needed to be a Public Hearing. So, they are a Public Hearing before you tonight. They are required to notice, so we have done the notice, but they are not required to post the property, so if you go around looking for a posting on these, they aren't done. Now, short plats are very minor subdivisions. If it hasn't been previously platted they can only do a -- basically a lot split from one parcel to two lots. If it's a previously platted lot, they can do up to four lots. So, that was all just background on short plats, since this is your first hearing on one and we will move onto the meat of this application. They are proposing three commercial building lots on .98 acres in a C -G zone and this was previously platted as Lot 10, Block 2 of Honor Park Subdivision No. 3. Staff is recommending approval. The subject property meets all the applicability requirements for a short plat. We have received no written testimony on the project. We did -- the applicant has provided a written agreement with the conditions. They would like to delete condition number one, which pertains to the previous preliminary plat and final plat approval. Staff concurs that deleting condition number one is appropriate given that there are no outstanding conditions of approval. With that I'll answer any questions you may have. De Weerd: Thank you, Anna. Council, any questions? Rountree: I have none at this time. Bird: I have none. De Weerd: Is the applicant here? Bailey: Madam Mayor, Council Members, I'm David Bailey, Bailey Engineering, 1472 East Iron Eagle Drive in Eagle, representing the applicant on this and I concur with everything Anna said and I don't have anything additional to say for once. De Weerd: Good job. Council, any questions for the applicant? Meridian City Council October 16, 2007 Page 12 of 34 Zaremba: Madam Mayor, this may be for both the applicant and Anna. Is there any desire or any interest or any way to maybe have a cross -connection between the two properties or is that not desirable? Canning: Madam Mayor, Members of the Council, I made sure that staff researched this -- this question thoroughly, because I wanted to make sure there wasn't an opportunity to perhaps better the horrendous parking situation in the building we now lease, but when that CZC was done there was no cross -access requirement. We did contact the land owner. They have no interest in losing three parking spaces. So, we did what we could to try and better the situation, but we really didn't have many opportunities. When it's -- when the properties take access from arterial roadways, then, it becomes critically important to make sure we get those cross -access. Here we have commercial streets and collectors, so it really wasn't as necessary and the design of our parking lot really is deficient. So, actually, putting more people in that situation probably isn't the best way to go. Zaremba: Thank you. Bailey: If I can add just briefly, we, of course, discussed this in advance and talked about it, but we did try to make the layout so if we ever changed our mind in the distant future, they are just parking spaces and that could happen, I suppose, at some point in the future, so we didn't want to block that off from ever happening. But we weren't able to work it out at this -- at this point to make it happen with the property owner. Canning: The access to Stratford is just an emergency access. There is bollards at the end of that one. Bailey: Thank you. De Weerd: Thank you, David. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Seeing none, any further information needed from Council? Bird: I don't. Rountree: I have none. De Weerd: Staff? Canning: No, ma'am. De Weerd: Okay. 0 • Meridian City Council October 16, 2007 Page 13 of 34 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing that, I move we close the Public Hearing on SHP 07-006. Zaremba: Second. De Weerd: I have a motion and a second to close the Public Hearing on Item 16. 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 SHP 07-006 with staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 16. Any discussion? Hearing none, Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 17: Public Hearing: MI 07-012 Request for a Miscellaneous application to modify several provisions of the recorded Development Agreement (Inst. 107099628) for the Gardner Ahlquist development and to include both phases of Gardner Ahlquist Subdivision into one Development Agreement for Gardner Ahlquist Gateway by Timberline Surveying, PLLC — Southeast Comer of East Franklin Road and North Eagle Road: Item 18: Public Hearing: VAR 07-018 Request for a Variance to construct up to 35 feet of landscaping within the Idaho Transportation Department's right- of-way on Eagle Road for Gardner Ahlquist Gateway by Timberline Surveying, PLLC — Southeast Comer of East Franklin Road and North Eagle Road: Item 19: Public Hearing: VAC 07-012 Request for a Vacation of the public utility, drainage and irrigation easements for Montvue Park Subdivision for CJ Meridian City Council October 16, 2007 Page 14 of 34 0 Gardner Ahlquist Gateway by Timberline Surveying, PLLC — Southeast Comer of East Franklin Road and North Eagle Road: De Weerd: Items 17, 18 and 19 are Public Hearings on MI 07-012, VAR 07-018, and VAC 07-012. 1 will open these three public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is the Gardner -Ahlquist project. It's located at the southeast comer of Eagle and Franklin. The applications before you tonight are a DA amendment, a variance, and a vacation request. The highlights of the proposed development -- I'm going to go through them by each application. It's a little easier to follow on this one if I do it that way. For the variance, basically, if approved the variance -- the landscape variance would allow the applicant to count up to 35 feet of the adjacent Idaho Transportation Department right of way toward the required street landscape buffer along North Eagle Road. Now, it's not always 35 feet, but it's up to 35 feet. It would also allow for a reduction in five feet for a limited portion of the required street buffer. Let me find that for you. There is the landscape plan. Staff does recommend approval of the variance. This is similar to other landscape variances that you have approved along Eagle Road. With regard to the vacation application, the easements proposed to be vacated were created on the Montvue Park Subdivision plat and include all utility, drainage, and irrigation easements for Montvue Park Subdivision under the ownership of the applicant. The easements are no longer needed for the proposed commercial subdivision. And, again, staff recommends approval of the vacation application. Finally, the development agreement modification. The applicant requests to modify several provisions of the recorded DA and I think we -- we knew this has been coming for awhile, so it wasn't a surprise that they came back. There was some issues trying to get the first two done. They were broken apart and we wanted to consolidate them, so we have been expecting this DA modification. The two existing DAs would be replaced with one agreement containing provisions that apply to the overall development. Staff compared the two existing DAs and made sure that all the applicable provisions of the Gardner -Ahlquist Gateway South DA have been included in the proposed modifications to the Gardner -Ahlquist Gateway DA. So, we did double- check and made sure that we caught everything. The applicant has requested that various sections be modified to reflect the developer information, instead of the owner information. The Ada County tax assessor's records indicate that Meridian Medical Plaza, Gardner Ken C. Family Partnership, Joseph Verska, and Samuel Yorgenson all own lots within the development. Staff does not support -- does not support this requested modification. Because the DA determines how the property will develop in the future and it's tied to the land, all of the owners of the property must sign the agreement and this is just how you have always done it. I mean the development agreement is always with the owners, not with the applicants, so — the applicant has also requested that provisions number 5.1.6 be modified to allow between 300,000 to 400,000 square feet of office space, 52,000 to 74,000 square feet of retail space, and 140,000 to 200,000 square feet of hotel consistent with the concept plan approved for this development with the Gardner -Ahlquist Gateway South and be required to have a •-J Meridian City Council October 16, 2007 Page 15 of 34 minimum of 13 buildings within the development, nine on phase one, which would be the Gardner -Ahlquist Gateway, and four on phase two, Gardner -Ahlquist Gateway South. Staff does support the requested change. Additionally, the applicant requests an increase to the maximum square footage allowed for single buildings to 225,000 square feet. Staff supports this request with the added provision that no building footprint shall exceed 75,000 square feet. The applicant has also requested to modify the proposed height of the hotel through the DA process. It was allowed to go up to 100 feet through the DA process. They are now seeking additional height, but we are not supporting that request. These were the previous elevations that were approved with the DA and we are recommending that they be, again, tied to this development agreement. And I have two clarifications on my note and one is with regard to the elevations. The other was with regard to the legal descriptions included in Exhibit 8.7 of the staff report, which says both the northern and southern portions of the development agreement should be included in the DA to replace the original legal description for the northern portion of the development. Again, we are just trying to make sure we got the right attachments for everything. We have received no written testimony since the staff report and I have noted the outstanding issues as I went along, rather than here at the end, so with that I'll answer any questions you may have. De Weerd: Thank you, Anna. Council, any questions? Bird: Not at this time. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Remind me, if you would, about the right of way. Are we considering another development's proposal to add a lane on each side of Eagle Road and is the 35 feet we are talking about going to conflict with that? Canning: Madam Mayor, Members of the Council, Councilmember Zaremba, if you look on the -- the left drawing shows the two through lanes and the right-hand tum lane, so we have got that pinned down, we know where that edge of curb is going to be and we have -- again, the required landscape varies through there, but it is in that northern portion of the site that they get short five feet. I'm not concerned about the five feet missing. That's something that, typically, I can take care of in an alternative compliance, but since we have this application before you, we just decided to lump it all together. So, it's not uncommon for there to be a little variation as you get near intersections in the required width. So, I think we have -- we have checked all those things and I think we are good. Zaremba: Thank you. • Meridian City Council October 16, 2007 Page 16 of 34 40 De Weerd: Anything further? Is the applicant here? We are getting used to seeing you here. Ahlquist: Madam Mayor, it's nice to see you again. City Council. There is just a couple comments I have -- De Weerd: Excuse me just a moment. If you will, please -- Ahlquist: Oh, address. De Weerd: -- state your name and address. Ahlquist: Tom Ahlquist, 1391 West Wainwright, Boise, Idaho. De Weerd: Thank you. Ahlquist: A couple of comments for clarification. Just -- there were a couple of errors. We have been through three different planners through the process and because of our land acquisition we had two subdivisions, which every time I have been here we have mentioned this and it continues to create some issues for us. With our first DA that came out, there were several gross errors, specifically in building square footages, that were -- were -- for example, a square foot -- the square footage of the base plate was actually listed as the total square footage of a building. There were just several errors and our other conflict was is we showed a site plan per Council's request of everything, so there were conflicts in -- in subdivision one, subdivision two and how those all got counted as we have come through. The advice of Council was we will clear all this up during the DA modification where we combine these two. Our site plan and the buildings we have been proposing have stayed the same. However, we do have a tenant, our hotel user, they are a very dynamic group and I am certain they will build the nicest hotel in Idaho, but they are -- their architects are not in the state of Idaho and it's been a little difficult to nail them down on exact square footages, they have redesigned their hotel twice, they really want this to look good. So, ten weeks ago when we presented the DA mod to them -- for -- to make it to this Council meeting, we left a wide range of square footages, footprints, heights, in order just to accommodate that one building that we weren't sure what the size would be. Talking to them just yesterday, I think we now have exactly what they need and exactly how big it will be at this point. It has caused some -- some strained relations with our neighbors to the north as well, because in their mind we submitted a DA modification that greatly increases our square footage and uses of the comer. We are prepared -- and next week we will be turning in applications for building permits on five of our buildings. We are set on our site plan and on the square footages of all of these buildings, both in footprint and in height, and I can review those tonight if we need to, but they are set. There is some confusion when you read through and it looks like we are greatly increasing what we have been proposing throughout this process, but I just wanted to make that point, because I think 0 Meridian City Council October 16, 2007 Page 17 of 34 0 it is important to St. Luke's, who is here tonight. Secondly, we do need a little bit more clarification -- we have talked about the Center Cal proposal to increase to three lanes. What we have shown and what we are requesting tonight for that variance includes that third lane and accommodation of that third lane. The last time we left Council meeting, there was the discussion of how do we construct this, do we construct it at ultimate build out, meaning do we accommodate for that third lane as we build this out now or do we wait and it was kind of left at a staff level decision. Now, our DA mod tonight, it's -- the way it's written it would be that we would build it currently out as the third through lane, even through we are a little ahead of that game. So, I would like a little more flexibility there to at least work with staff as the next two or three months roll on that we are not committed to build that out if things fell through or it does -- it does -- it's still a moving target a bit for us, even though everything you have seen in our application and our drawings accommodate for that third lane. And I think our preference would be to build that out, so that they don't come in and tear up what we have just done, but that's not solely our decision, we have got to work with ITD, they are going to have to move one of their drainage sites, we have got to figure out how all that will work on that comer and I'm just not sure that all that will be in our control. So, that's probably the only -- only real point of clarification that -- that I was looking for. Other than that, I think with what Anna's presented -- we are fine without the height variance. I understand -- we put in an extra 50 feet, but that's because I didn't know the size of the hotel and I wanted to be safe. It's 112 feet, the hotel, to the top floor, instead of 100 feet. But, again, that was kind of a moving number and that was the only reason for that was to try to accommodate for them and at the time I didn't know if parapet and HVAC equipment counted. We have clarified that. So, the final tallest building in our development would be 112 feet and that was the reason for that height variance. I understand that it would be cleaner for us to go through a CUP process for that, so we will do that. And so we are not requesting any change to the height that went through the first time. With that I will take questions. De Weerd: Well, I wish we could give you the answers to the Eagle Road scenario. Right now we have it through public process at the Compass, doing their air quality and mitigation studies. It does have to go through the process to be added to the long range plan, so they are -- and I believe I learned today that process would probably be January when it went to the board. So, January is really the target date for knowing what the ultimate plan will be for that, so -- and that's the best information we can give you at this point. Ahlquist: Okay. De Weerd: But, Council, do you have any questions? Bird: I don't. Borton: Madam Mayor? • Meridian City Council October 16, 2007 Page 18 of 34 De Weerd: Yes. • Borton: Tom, a question for you or maybe Anna. When you make reference to a through lane, is the design different, it being a through lane versus a right tum lane. Are we talking about two different things? Canning: It's two throughs and a right, which is what they have got shown. Ahlquist: It's a little hard to see here, but what we have -- we have three through lanes - Borton: Okay. Ahlquist: -- and, what we have put in there is a right tum lane -- Borton: So, it's a through lane and the right tum. Ahlquist: What we could do when we construct this and what our traffic engineers have suggested that I think would work fine, is if build -- if we build out the right tum lane and leave the through lane hashed out, we could actually build the sidewalk to its ultimate configuration, have the tum lane there already and have the through lane ready to go. My only question and point is in the -- that would be great for us to do this, but that -- that requires cooperation with ITD and they have got a drainage facility right here that has to be relocated, so their input and approval will be needed for us to do that with the improvements we are doing now. But I do think it would be our preference. De Weerd: Well -- and didn't we decide at the last meeting that we could leave that at staff level to -- to adjust? I remember talking about it. Canning: Madam Mayor, Members of the Council, my recollection was we wanted it the right-hand tum lane. I'm of the -- I don't mind the staff flexibility, but we won't know -- given the timing that Mr. Ahlquist has expressed to me, I don't think we will know if the Center Cal proposal is going to fail before then, so I think we need to proceed assuming it's -- it's going to happen. Ahlquist: Madam Mayor and Council, would it be reasonable to say if ITD -- the only thing I worry about is getting in a little bit of a Catch 22 or where we are required to build it and they are saying, well, we don't even have construction drawings, it hasn't been through the process yet. I would hate for that to hold up what we are doing, not knowing how long that ultimate process is. Again, I think our preference is to do it, but - - but I do see a potential conflict there. 0 • Meridian City Council October 16, 2007 Page 19 of 34 Canning: Madam Mayor, Members of the Council, Mr. Ahlquist could always bond for it and come back for a development agreement modification. He's probably going to end up bonding for it anyway, just timing reasons I would suspect. Ahlquist: Okay. De Weerd: You know, that might be the cleanest way to do it. Mr. Nary. Nary: Madam Mayor, Members of the Council, the only thing I was going to say is I think we do letters of credit, I don't think we do bonds. Canning: Yes. Sony, sir. Yeah. It would be for the other organization, but I'm not sure how they are going to resolve that one given their timing constraints that they have got moving forward anyway, so -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Is the expectation -- the downstream developer has offered to build the wider road. Is the expectation that if he has to do it the downstream developer will pay him back? Canning: No. Because what the downstream developer gets paid back for is the money that they personally invest. It's not -- and they recouped that through sales tax on their own property. So, for Mr. Ahlquist to get paid back for the improvements he may be making, he would have to partner with Center Cal as on the Star project. De Weerd: And that would be -- Canning: It wouldn't be worth it. Yeah. De Weerd: You know, the problem here is the third lane both going south and north are not on the long range plan. So, it first has to go through that process to be approved -- Zaremba: Eligible. De Weerd: -- and adopted and, then, eligible. So, that's been -- that's been the biggest problem and biggest challenge to your time frame. So, that's -- that's why we -- that improvement, if Center Cal's Star legislation improvement wasn't being discussed, wouldn't be required, because it's not on any plan right now. So, he would be asked to be building it. 0 Meridian City Council October 16, 2007 Page 20 of 34 Ahlquist: Madam Mayor, just to further emphasize that point, when we meet with ITD, they look at us and throw their hands up and say we don't have plans, we have never looked at it, you'll have to bring it to us, we don't know what this is going to look like, we don't know what the drainage is going to look like, so it, obviously, is important to the whole corridor, so we are wanting to do what's in the best interest of the city and our development, but it does become a little bit difficult to know just how to handle it. One of the things that Pamela just mentioned to me was, you know, one of the options would be to just leave it as is with the sidewalk where it is and landscape the area and have them make that improvement. In the grand scheme of that corridor it's a relatively small amount of money that's going to be required to move that over the 15 feet. So, you know, however Council wants to advise us. I just want to make sure we are in a position where we do what's expected, understanding that we don't have control over ITD. De Weerd: Well, if that -- if that improvement can be delayed as -- pushing that out as far as you can, I guess that would be the first preference. So, they don't have to remove anything that was just installed, but -- Canning: Madam Mayor, Members of the Council, those type of improvements are generally done concurrent with approval of the final plat. So, we don't have a mechanism for pushing them out, other than tying it to building permits or final plat. Typically it's final plat. So, we are anticipating that those improvements will be done with the final plat. De Weerd: Have you talked with Kittleson? If you will state your name and address. Hall: Pamela Hall. Timberline Surveying. 847 Park Center Way, Suite 3, Nampa. Actually, the last meeting that we had -- and we talked about this -- we agreed that we wouldn't be doing the improvement on the road -- building the road itself, what we would do is we would push the sidewalk back, so it wouldn't fall within that footage, which you see over here. De Weerd: Right. Hall: That's what cuts off the five feet from that one lot. And, then, we would go on, because ACHD also has a moratorium on Franklin Road, we don't know what's going to go on with ITD. If they wanted us to do it, we'd have to do all the civil design drawings -- who knows how that's going to get improved. As far as bonding, if Center Cal is the one that's going to be doing the roads, then, they should be the ones of doing the bonding, not my client. So, we have agreed in the development modification that we would push the sidewalk back, so that it wouldn't get ripped up if they did come in and do the future and, then, just cut our landscaping back just a little bit and that's how we are sitting right now. Meridian City Council October 16, 2007 Page 21 of 34 Rountree: I'm okay with that. Bird: I agree. Rountree: That works for me. De Weerd: Yeah. Bird: Works for me. De Weerd: Mr. Nary or Mrs. Canning, any problem with that? Canning: No, ma'am. And that's the way it's written. That's fine. Rountree: That's the way it's written. Canning: Yeah. De Weerd: It is the way it's written. Hall: Yeah. In the development agreement, yeah. And we didn't have any problem with that, moving the sidewalk back, so -- De Weerd: Okay. Hall: There was one other thing, if I could bring it up. The site plan that's in the development agreement is incorrect. I have a copy of the new concept plan -- excuse me -- that's in here. We have Exhibit A.8 and if we could switch that out, it's just incorrect in the development agreement than what staff had. Canning: Madam Mayor, Members of the Council, may I ask questions? De Weerd: Uh-huh. Canning: Is that the one you provided to staff with your application? We've had many many site plans and -- Hall: Exactly. I believe that they have had one before and because there has been many, I think that maybe the wrong one was submitted -- or put in with the package. Canning: And further follow up, Madam Mayor. So, are the numbers that we have -- Hall: The numbers are correct. 0 • Meridian City Council October 16, 2007 Page 22 of 34 Canning: The numbers are correct? Hall: Yes. The numbers are correct. There is nothing wrong. It's just -- Canning: Okay. Hall: -- there is a building on -- there is a lot location where it's not supposed to be. Canning: If you could get that to Mrs. Watters tomorrow, that would be better than giving it to me tonight. Hall: Absolutely. Not a problem. I can do that. Thank you. De Weerd: Thank you. Ahlquist: Thank you. De Weerd: We will ask you to come back up. You have a question? Borton: Yeah. I don't know if now is the time, but, Tom, do you have a comment on the staff recommendation against the DA modification concerning developer versus owner? Ahlquist: No. I think that was a misunderstanding between me and our planners, is that we were doing chicken scratches and turning it in. Borton: Okay. Ahlquist: So, that was my fault. Borton: Okay. De Weerd: That was easy. I used my button. Nary: So, that means it won't be a problem getting the owners? Ahlquist: No. Not a problem. It was just -- it was just -- we were doing red lines and somehow it got turned in that way and I apologize. Nary: Thank you. De Weerd: This is a Public Hearing and I see Dave Miller here from St. Luke's. Would you like to provide testimony? If you will, please, state your name and address for the record. 0 0 Meridian City Council October 16, 2007 Page 23 of 34 Miller: My name is Dave Miller with St. Luke's, 190 East Bannock, Boise. De Weerd: Thank you. Miller: I just wanted to say St. Luke's is -- as we stated in our P&Z meeting -- in the last P&Z meeting, that we are generally supportive of this project. We believe that this is a quality project and somewhat complimentary to our business. Based on the information, though, available to us, it does look like the build out density has increased. We believe that the increasing density or mass of the project increases the amount of traffic generated. We have an agreement in place with Gardner -Ahlquist relative to traffic volumes and accessing our private road. We do not want to deny Gardner - Ahlquist access to our roads. This denial of access would force traffic to other routes of travel. We simply do not want to see the roadway system fail. We respectfully ask the City of to place a condition on the applicant that an updated traffic in impact study be provided, so that St. Luke's and the appropriate governmental agencies can study the impact of the traffic to the roadway system. Any questions? De Weerd: Council, any questions? Bird: I have none. Miller: Thank you. De Weerd: Thank you. This is a Public Hearing. Is there any further testimony? Dr. Ahlquist, do you have further comments? Ahlquist: I -- sorry, Madam Mayor. I, unfortunately, wasn't able to talk to Matt or Dave before this meeting. I spent two hours with their traffic engineer on Monday and I do think that there are some issues we need to discuss and there is some argument over which TIS numbers fit. But I believe those can be worked out and we are submitting, based on our conversations with their traffic engineer on Monday, we are submitting -- resubmitting a traffic study that should reflect exactly what we have. A discussion that was had at that time was we'd have quite a bit less retail than we had before and the hotels slightly larger and our traffic engineers felt like that it would actually be less than we had in our first traffic study and I have not had a chance to talk to them about that since. But we will update that with St. Luke's and they are working on it currently. De Weerd: Any further testimony? Council, any further information needed? Bird: I don't. Rountree: I have none. De Weerd: Staff? Do I have a motion to close? 0 0 Meridian City Council October 16, 2007 Page 24 of 34 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we have no more public input, I would move that we close the public hearings on MI 07-012, VAR 07-018, and VAC 07-012. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearings on Items 17, 18, and 19. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion? Do I have a motion? Rountree: Madam Mayor, a comment. With respect to the last bit of testimony, it seems like the -- the answer's in the works, but we don't have it, which would relate to Item 17. 1 would throw out the consideration that we can reopen 17 and continue it for another week until that is taken care of, just -- just for discussion purposes. I don't know how the rest of the Council feels. De Weerd: Council, any opinion? Mr. Nary, do you have any comment? Nary: Madam Mayor, Members of the Council, it does sound like there is a few issues to work out and I think Councilmember Rountree certainly hit on a way to iron all those out. I think, as Dr. Ahlquist's testimony indicated was there was a lot -- there was, I guess some initial confusion and some of these things and we knew we were going to be cleaning them up and I guess so that we don't see them again and have another amendment that might be the wisest. The only other thing I'd recommend is if you are going to continue this matter, at least to make sure these have worked out, you may want to reopen to continue, but move them all. If you approve two of them, it will probably -- something we get mislaid. So, if you're going to do that, you probably want to move all of them. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And if we -- if we need to decide -- if the rest of the Council wants to do that, I would just as soon open and continue all three of them, so that we don't have confusion going on and -- my question is -- other than the traffic, what is the -- what is the confusion in the development agreement -- that was the one thing between St. Luke's 0 • Meridian City Council October 16, 2007 Page 25 of 34 and the applicant over traffic on that road there at St. Luke's. I didn't know there was any other disagreement on the development agreement. Canning: Madam Mayor? De Weerd: Anna. Canning: It's not a disagreement, but I would like the opportunity to review this site plan that they are proposing to add before it's added. So, I wouldn't mind -- Nary: I think it's just for clarity, not -- Canning: Just for clarity. It's not an issue, but -- De Weerd: I guess in testimony it was suggested that we had already received it, but it's not the one that's in this packet. Canning: Correct. There was -- there are several versions of the site plan around for each DA modification through just different iterations and perhaps Sonya picked the wrong one. It sounds like Mrs. Watters picked the wrong one and -- I'm not trying to suggest that this site plan isn't okay, I just -- it would be nice to be able to see it to make sure we -- that we know what we have. That's all. De Weerd: Mr. Borton. Borton: Madam Mayor, in light of where this is headed, I'm going to move for right now to reopen Items 17, 18 and 19, those three public hearings. Rountree: Second. De Weerd: I have a motion and a second to reopen Items 17, 18 and 19. All those in favor say aye. Any opposed? I didn't hear you, Mr. Bird. Zaremba: Madam Mayor? Bird: You didn't? Rountree: He's still thinking. Bird: I'm aye. I'm still thinking. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? is Meridian City Council October 16, 2007 Page 26 of 34 De Weerd: Mr. Zaremba. Zaremba: I would comment for the record that between the time that we attempted to close it and when we reopened it, I don't believe anybody left the room and would not be beware of that. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just to make local government kind of messy, but we trying to do it right. I guess I'd ask the applicant to come forward, in light of what you're hearing about our comments, trying to make sure we have got our ducks in a row and what appear to be a couple of minor loose ends. I can tell you for one I don't have concerns with where this is heading and particularly the project, the three items in front of us, but if we move to continue it a week -- I know you have talked about building permit applications going in next week -- would be inclined to do it that way and do it right. Canning: Madam Mayor, Members of the Council, do you want to call a recess. Rountree: We could have a recess if you wanted to discuss it. De Weerd: Yeah. Would you like me to call a brief recess? Ahlquist: That would be great. De Weerd: We will reconvene at 8:00 o'clock. (Recess.) De Weerd: I will go ahead and call this meeting to order and, Council, any comments? Rountree: Comments from the applicant. Ahlquist: Madam Mayor and Council, I started my comments with this same problem, because I knew it would be an issue. If you look at the site plan and our DA mod, we went from a low range and a high range on all of our buildings however many weeks ago when we turned it in specifically for the purpose to give us flexibility during those several many weeks of trying to plan and do our buildings. I can tell you that the building permits that we have ready to tum in are at the low end of all of these and I can understand St. Luke's position that if we were to build out double what square footage Meridian City Council October 16, 2007 Page 27 of 34 we had on here, which was the range, that our traffic counts would be almost double that. After talking to Matt Bell, we are -- we are ready to commit to the low number on all of these ranges for every one of these buildings, because that's where we are at and that's what we will tum in. We have no problem with that, because our site plan will not change and at this point we know what's going in, whereas we didn't when we turned this in and I understand the confusion that caused. I guess their point, if that's approved that way, then, someone else -- or we could flip the property or somehow someone else could come in and build twice as much square footage, which would be a traffic problem. So, with that, as far as -- I'll let them speak to their side of it, but I think that we are ready to commit on this site plan that's part of this exhibit, to the low end of every one of these ranges as written in the development agreement modification and on the site plan. I was going to have an exhibit that showed those, but they -- they all have a range from five to eight thousand square feet. We are on the five end on -- on the low end on every building. Any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Do you have a copy of that site plan that you want to submit? Ahlquist: I have got -- Bird: Why don't you submit that to the clerk and, then, as part of the public testimony, that way we got it. Ahlquist: Thank you. Rountree: Madam Mayor, question. We kind of have an issue in the state with language right now and I believe I understand what you said, but you didn't really say it. You said you're willing to commit. You didn't say you are going to commit, and if that was your intent, if you'd state that for the record, we don't have the intent language problem. Ahlquist: Madam Mayor, Councilman Rountree, we will commit to the low end on all of those and, again, I think it's a misunderstanding of circumstance and we appreciate your consideration. Rountree: Thank you. De Weerd: Thank you. We are just learning these things as we go -- Bird: Madam Mayor? Meridian City Council October 16, 2007 Page 28 of 34 De Weerd: -- and we may be a little jaded right now, but -- Ahlquist: Me, too. Bird: Madam Mayor? Doctor, would you come back up here? I also want -- I want you to commit that you won't -- if you tum it, that this development agreement will stay with the same square footage. This has been a -- De Weerd: You better not flip it, you know, or we'll -- Ahlquist: Madam Mayor, if you can show me one piece of property that Ken Gardner has flipped in his entire life, then -- he holds everything. He gets mad at me if I sell a lot. So, I commit we will not modify this development agreement and that we will build this out in the next year. Bird: Thank you. De Weerd: Dean, you didn't have to type what I said. Yes, he does. You know, he still gets the last word, Matt. Bell: I'm well aware of that. He always gets the last word. De Weerd: If you will, please, state your name and address for the record. Bell: Matt Bell. 190 East Bannock Street. Boise, Idaho. I just wanted to make sure everybody was -- you know, Dr. Ahlquist and I clarified our misunderstanding out there. The City of Meridian had on record a range of buildings. The high end of those ranges would have made our private lane fail. I'm not concerned about that with Dr. Ahlquist and the existing developers, but if at any point in the future our private lane fails, we have got to close that private road and access to the development and I just want to make sure we prevent that from happening and I -- Dr. Ahlquist and I can go give each other black eyes out in the parking lot here a little bit later, but I want to make sure he's able to get his building permits on time and doesn't have to worry about that eventuality from ever happening. So, I think we have got that clarified. We don't necessarily need a -- our language thing here. We don't need a traffic impact study, we are comfortable with what we have talked about earlier in the week. So, St. Luke's is satisfied based on that conversation, assuming the traffic count that's in the existing agreement with the neighborhood. Bird: Thank you. Ahlquist: Thank you. De Weerd: Thank you. Any final word? That was the final word and you had it. 0 Meridian City Council October 16, 2007 Page 29 of 34 Rountree: I'm not sure if you're going to let him get by with a comment about giving black eyes, because I would think that he would have to be awfully fast. Bird: Then, you'd have to take care of him anyway. Ahlquist: It's all business. De Weerd: It's new business. It's creating business. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: The new Exhibit A-8 has been passed to all of us and I know Anna's got a copy of it. Does she have any comments, questions, concerns? Canning: Madam Mayor, Members of the Council, no, I don't have concerns. I'm not sure exactly what we are doing at this point, if we are -- if we are going down to the low number, we usually give a little bit of a range, just in case something happens during the process to allow them a little bit of room, but -- so, I just don't know if Mr. Ahlquist has any leeway in there or if that's a tight number or if we are leaving a range, I'm not -- I'm just not sure. I would rather give a small percentage increase that's allowed, just so we have a little bit of range there. Bird: I agree. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Would a bottom one-third of the range be sufficient to give you wiggle room? Ahlquist: Madam Mayor, our relationship with St. Luke's is important enough and this is a big enough issue -- we truly have building designs for all of these buildings. We have never intended to make this an underhanded or nothing more than a straight forward process for anybody and I'm looking through these numbers and I'm just fine with them. I mean we are -- Canning: Okay. De Weerd: You feel it gives you the wiggle room you need regardless? Ahlquist: Yeah. It does. 0 0 Meridian City Council October 16, 2007 Page 30 of 34 De Weerd: Very good. Bird: Thank you. De Weerd: But your -- your advisor may not. He's the applicant. Ahlquist: Could I suggest just a percentage range, plus or minus ten percent, something like that, for simplicity? Rountree: That's within prognostication limits, yes. Bird: Yeah. Ten percent, plus or minus. Ahlquist: Plus or minus ten percent. That would be good. Thank you. De Weerd: Okay. Canning: And, Madam Mayor, the wording I would prefer on that added condition would be the director may approve up to a ten percent increase on any individual building. De Weerd: Okay. Borton: That's good. De Weerd: If we are done -- are we? I hear nothing. I would appreciate a motion to close. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the public hearings Items 17, 18, and 19. Bird: Second. Zaremba: Second. De Weerd: All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Any discussion, Council? Do I have a motion? �il Meridian City Council October 16, 2007 Page 31 of 34 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve MI 07-012 with the new site plan, Exhibit A-8, the concept plan -- I can't read the dates on it. My eyes aren't good enough. With a ten percent plus or minus on the square footage of these buildings and to include all staff, applicant, and public testimony. Do I need anything else? I think that covers it. Rountree: Anna's ten percent. Bird: Uh? Rountree: Anna's ten percent. Bird: Yeah. I said ten percent, plus or minus, on the square footage. Rountree: Second. De Weerd: I have a motion and a second -- and, Mr. Bird, I didn't see a date on here. They are X's. Unless I just failed my vision test. Bird: If you can read a date on there, your eyes are -- De Weerd: It is date stamped October 16th. Bird: You're a lot younger, I realize -- yes, they are. There is a date there if you can read it. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: Even if we don't read the original date on the site concept, we do have a date stamp from the clerk of October 16, 2007. 1 believe all copies show that. Bird: Yeah. De Weerd: Okay. Zaremba: Madam Mayor, a clarification on the motion. The plus or minus ten percent, are you allowing that at the discretion of the director? 0 Meridian City Council October 16, 2007 Page 32 of 34 N Bird: Yes. That is part of the development agreement on square footage, as they have got listed on this site plan and she has got the right to either go minus ten or up ten. Zaremba: I missed the words director in your motion. Thank you. Canning: Madam Mayor, clarification? De Weerd: Okay. Canning: Two things. Can we reference the -- or did Council desire to reference the previous elevations and put them into this development agreement as well? If so, could you modify the motion? And also can we, in addition, to this hand drawn map that we have that the main purpose is the square footages, can we also get the revised site plan from the applicant that shows the building in the proper locations, the -- Bird: If they would like to give that to you, the motion can sure show it. De Weerd: I think you want them to. Bird: We want it. Rountree: So, you have amended your motion? Bird: Yeah. I amended the motion. Rountree: Second agrees. De Weerd: To which? Rountree: The amended motion. Bird: The amended motion. De Weerd: Any further discussion? Mr. Berg, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 18. Bird: Madam Mayor? De Weerd: Mr. Bird. • Meridian City Council October 16, 2007 Page 33 of 34 Bird: I move we approve VAR 07-018, again, with the staff, applicant, and public testimony. I'll leave it at that. Rountree: Second. De Weerd: I have a motion and a second to approve Item 18. Any discussion? Hearing none, Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Item 19. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 19, VAC 07-012. Bird: Second. De Weerd: I have a motion and a second on Item 19. If there is no discussion, Mr. Berg, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: We are at the end of our agenda and it's 20 minutes after 8:00. Rountree: Madam Mayor? De Weerd: I would entertain a motion to adjourn. Yes. Rountree: So moved. Bird: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. to Meridian City Council October 16, 2007 Page 34 of 34 MEETING ADJOURNED AT 8:20 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: \\01111111 ut►►reeee MAYOR TA De WEERD \e` �s� ,4 ESTE pie,/ss/'eeej'!► � 11\\\\\a\\\��a ►n1na11 so DATE APPROVED G. BERG JR., CITY CLERK • • October 12, 2007 MERIDIAN CITY COUNCIL MEETING October 16,2W7 APPLICANT ITEM NO. 5-A REQUEST Approve Minutes of September 11, 2007 Pre -Council Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. r L -AA 7� October 12, 2007 MERIDIAN CITY COUNCIL MEETING October 16, 2007 APPLICANT ITEM NO. 5-B REQUEST Approve Minutes of September 25, 2007 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • October 12, 2007 MERIDIAN CITY COUNCIL MEETING October 16, 2007 r APPLICANT ITEM NO. S -C REQUEST Approve Minutes of October 2, 2007 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 October 12, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT T -Mobile �� VAR 07-016 October 16, 2007 ITEM NO. 5-D REQUEST Findings for Denial — Request for VAR to UDC 11-4-3-43.1.2 that requires communication towers be set back from all publicly owned right of way min of 2 times height of tower to be installed to allow 50 -ft setback instead of 100 -ft setback T-MobOe — 3100 E. Florence Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: 0 SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ,,11 Contacte Date: d Phone: 2(J/ 1040 Emailed: (p c, k rAobtoff In 'als: iv. Materials presented at public meetings shall become property of the City of Meridian. • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR VARIANCE FROM UDC 11-4-3-43.I.2 TO ALLOW A COMMUNICATION TOWER TO BE SETBACK LESS THAN TWO TIMES THE HEIGHT OF THE TOWER FOR T -MOBILE APPLICANT C/C 10/02/07 Case No. VAR 07-016 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL The above entitled variance application having come on for public hearing on October 2, 2007, at the hour of 7:00 o'clock p.m. at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho. C. Caleb Hood, Meridian Planning and Zoning Department, and Rocky Schutjer, T -Mobile, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore make the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearings scheduled for October 2, 2007, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearings having been posted upon the property FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR T -MOBILE; CASE NO. VAR 07-016 PAGE 1 OF 4 under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council on October 2, 2007, public hearing; and the applicant, affected property owners, and government subdivisions provided services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6511, and §11-5A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is generally located at 3100 E. Florence, Meridian, Idaho. 5. Dale Nagy/Community Properties/Ammon, LLC whose address is 7609 W. Emerald, Boise, Idaho 83704, is the current property owner. 6. The applicant is Rocky Schutjer, whose address is 3100 E. Florence, Meridian, Idaho 83642. 7. The Applicant requests a variance from UDC 11-4-3-43.I.2, which requires communication towers to be setback from all publicly owned right-of-way a minimum of two times the height of the tower; to allow a 50 foot setback instead of a 100 foot setback as otherwise required by City Code. The property which is the subject of this application is within the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR T -MOBILE; CASE NO. VAR 07-016 PAGE 2 OF 4 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 shall apply the standards listed in Idaho Code §67- 6516 and all the findings listed in Section 11 -5B -4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: a. The Variance shall not grant a right or special privilege that is not otherwise allowed in the district. b. The variance relieves an undue hardship because of characteristics of the site. c. The variance shall not be detrimental to the public health, safety and welfare. 3. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 4. That this denial is in accordance with the attached Staff Report for the hearing date of October 2, 2007, incorporated by reference. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: That the application for annexation and zoning is denied for the following reasons: The proposed variance request does not meet the burden as set forth in Idaho Code §67- 6516 and all the findings listed in Section 11 -5B -4.E of the UDC. No characteristics of the site would prevent the Applicant from meeting the setback requirements if a shorter communication tower were proposed or if the tower were in a different location. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR T -MOBILE; CASE NO. VAR 07-016 PAGE 3 OF 4 2007. By action of the City Council at its regular meeting held on thejk fti �ay of October, ROLL CALL: COUNCILMAN KEITH BIRD VOTED COUNCILMAN JOE BORTON VOTED Y� COUNCILMAN CHARLIE ROUNTREE VOTED 4� COUNCILMAN DAVID ZAREMBA VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED:to — 1t6 — ® 7 MOTION: APPROVED: DISAPPROVED: I(Aimy de WEERD ok ATTEST: v SILL CITY CLERK J ® 7-151 � oz Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. By Dated: City Clerk's Office FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR T -MOBILE; CASE NO. VAR 07-016 PAGE 4 OF 4 so M October 12, 2007 MI 07-010 MERIDIAN CITY COUNCIL MEETING October 16, 2007 APPLICANT Hotel Developers ITEM NO. 5-E REQUEST 2nd Addendum to DA — Request for an MI application for modification of the existing DA for Hampton Inn & Suites to allow all principally permitted uses within the C -G zone for Hampton Inn L Suites Addition — 815 & 875 S. Allen Street & 2870 E. Freeway Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. so ADA COUNTY RECORDER J. DAVID NAV" AMOUNT .00 26 BOISE IDAHO 10/25A17 01:39 PM DEPUTY Bonnie Oberbi ft RECORDED -REQUEST OF III I'II'I�I'II�IIII�I'I�I�"III II Meridian CIV 107145936 SECOND ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Hotel Developers — Boise, LLC, Owner/Developer The following is an addendum to that certain DEVELOPMENT AGREEMENT, entered into on the 116 day of April, 2005 and that certain Addendum to the Development Agreement entered into on the 11'6 day of April, 2006. This Second Addendum is made and entered into this 3r_4 day of 2007, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and Hotel Developers — Boise, LLC, whose address is PO Box 1491, Idaho Falls, Idaho 83406-1491, hereinafter called "OWNER/DEVELOPER". OWNER / DEVELOPER agrees to be bound by the terms of the original Development Agreement (instrument # 100052718), approved on July 5, 2000, and the Revised First Addendum to that Development Agreement (instrument # 103137120), approved on July 15, 2003 on the land described in Exhibit "A", except as specifically regarding the following items: The parties hereto agree that the development of the property described in Exhibit "A" shall be in accordance with the terms of the above described Development Agreement, Exhibit "B", and the terms of the above described Addendum to the Development Agreement, "Exhibit "C", or those City ordinances in effect at that time any subsequent conditional use application is filed, whichever are more restrictive. 2. That the original Development Agreement, Instrument # 100052718, approved on July 5, 2000, and the Revised First Addendum to the Development, Instrument # 103137120, approved July 15, 2003, be amended by modifying the following: "4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Section 11-2-408 B 11, Meridian City Code, which are herein specified as follows: All principally permitted C -G (General Retail & Service Commercial) uses shall be allowed on Lots 1-3, Block 1 of Fallon Greens Subdivision. 3. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation of the Owner/Developer, or SECOND ADDENDUM TO DEVELOPMENT AGREEMENT PAGE I OF 4 (MI -07-010 FALLON GREENS SUBDIVISION/ HAMPTON INN & SUITES) N N their assigns, heirs, or successor shall not meet the conditions of this second addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 4. This second 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 second 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 has fully performed its obligations under this Second Addendum. 5. 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. 6. This addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter hereon, 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 second 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. 7. This addendum shall be effective as of the date herein above written. SECOND ADDENDUM TO DEVELOPMENT AGREEMENT PAGE 2 OF 4 (1VII-07-010 FALLON GREENS SUBDIVISION/ HAMPTON INN & SUITES) M ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER/DEVELOPER: CITY OF MERIDIAN BY: Mayor Ta& de Weerd Approved by City Council Attest:oRq T r�� O BE AL William G. Berg, Jr., City ClerCP SECOND ADDENDUM TO DEVELOPMENT AGREEMENT PAGE 3 OF 4 (MI -07-010 FALLON GREENS SUBDIVISION/ HAMPTON INN & SUITES) so STATE OF IDAHO ) ss: County of On this 3rA day of Oc:c r , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared 17zfet-� C. F"'to- , known or identified to me to be the person who executed the above instrument, and acknowledged to me that he 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. \`INNS d� (SEAL) �°+• •...........� V\OTAR), STATE OF IDAHO ) ss County of Ada ) Notary Public for Idaho Residing at: ,�it, My Commission Expires: 3 j i / a1e, l On this I lbw day of QpbrtY , 2007, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., 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. • OTg •� (SEAL)VO Notary Public for Idaho • • Residing at: Nuti uxu' to Commission expires: SECOND ADDENDUM TO DEVELOPMENT AGREEMENT PAGE 4 OF 4 (MI -07-010 FALLON GREENS SUBDIVISION/ HAMPTON INN & SUITES) 6i'3Odd 02123/2608 14:05 6296 8ffi 80Z 2084724711 IDAHO BANKING CO PAGE 07 LOT 15 IN THE AMENDED MAGIC VIEW.SU80IVISiON, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 52 OF PLATS AT PAGES 4445 AND 4448, AND AS REFERRED TO IN THAT CERTAIN INSTRUMENT RECORDED UNDER NO. 8400642, RECORDS OF ADA COUNTY, IDAHO. EXCEPT THEREFROM THAT PORTION DEEDED TO THE STATE OF IDAHO FOR PUBLIC ROAD IN WARRANTY DEED RECORDED FEBRUARY 3, 19681 AS INSTRUMENT NO. 8805287, BEING DESCRIBED AS FOLLOWS; A PARCEL OF LAND BEING ON BOTH SIDES OF THE CENTERLINE OF RAMP D -A SURVEY OF THE EAGLE ROAD INTERCHANGE AS SHOWN ON THE PLANS OF INTERSTATE 84, PROJECT NO. IR -84•I(12)46 HIGHWAY SURVEY NOW ON FILE IN THE OFFICE OF THE IDAHO TRANSPORTATION DEPARTMENT, DIVISION OF HIGHWAYS, AND BEING A PORTION OF LOT 1S IN THE AMENDED MAGIC VIEW SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 52 OF PLATS AT PAGES 4445 AND 4448 AND AS REFERRED TO IN THAT CERTAIN INSTRUMENT RECORDED UNDER NO. 8400642 RECORDS OF ADA COUNTY, IDAHO DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 15 IN SAID AMENDED MAGIC VIEW SUBDIVISION, ADA COUNTY, IDAHO; THENCE NORTH 27 DEGREES 15'04" WEST (SHOWN OF RECORD TO BE NORTH 27 DEGREES 16-28.8- WEST) ALONG THE SOUTHWESTERLY LINE OF SAID LOT 15 A DISTANCE -OF 530.0 FEET, MORE OR LESS, TO A POINT THAT BEARS NORTH 38 DEGREES 02'11 -.WEST A DISTANCE OF 147.14 FEET FROM STATION 2419+82 RAMP D -A SURVEY OF THE EAGLE ROAD I.C. AS SHOWN ON THE PLANS OF SAID INTERSTATE 84, PROJECT NO. IR -84-1(12)45' HIGHWAY SURVEY; THENCE NORTH 53 DEGREES 25'59" EAST A DISTANCE OF 381.85 FEET TO A POINT IN THE EAST LINE OF SAID LOT 18; THENCE ALONG SAID EAST LINE AS FOLLOWS: SOUTH 0 DEGREE 21'33- EAST (SHOWN OF RECORD TO BE SOUTH 0 DEGREE 22'57.70 EAST) 120.02 FEET, 'SOUTH 20 DEGREES 23'25- WEST (SHOWN OF RECORD TO BE SOUTH 20 DEGREES 22'00" WEST) 436.48 FEET TO THE PLACE OF BEGINNING. END OF LEGAL DESCRIPTION 0 gs $ 3 c • O �r'�iANhhNh Ila mttI SOO'21'33% 231.28' —-- S. AiLEN STREET 4y i a K g j ,�lOd.08' 2648 84' 88 soo-2s -s it M.sz O1 °S BAM OF HEAWC u� s> all RECORDED -REQUEST OF ADA COUNTY rR �,�}� J. SIS D NO FE�EPIJTY MJL-5 Pik 1,25 0yiPi.100052718 PARTIES: 1. City of Meridian Z John R. Sontag and Alberta Sontag, Developer/Owner THIS D LOPh NT G MENT (this "Agreemenir , is made and entered into this, day of Z1aD0. by and between CITY OF MERIDIAN, a municipal corporation of State of Idaho, hereafter called "CTI'Y", and JOHN R. SONNTAG AND ALBERTA SONNTAG, husband and wife, whose address is,ss73 N. Tumbleweed, Boise, Idaho 8871s, hereinafter called "DEVELOPER/OWNEW. 1. RECITALS: 1.1 MWERFAS, "Developer" is the sole owner, in law and/or equity, of eertain tract of land in the County of Ada, State of Idaho, deserted in Exhibit A, which is attacbed.hereto and by this reference incorporated herein as if act forth in fall, herein after referred to as the "Property"; and 1.2 WIERM I.C. IV-" 11A, Idaho Code, provides that cities may, by ordinance, require or permit as a condign of re -zoning that the owner or Developer" mane a written commitment concerning the use or development of the subject "Property"; and 1.3 WEWMAS, "City" has exercised its statutory authority by the enactment of Ordinance 11- -moL and 11 -Z -417D, which authorizes development agreements upon the annexation and zoning of land; and 1.4 WIaaME&% Developer"/"Owns'' has submitted an application for annexation and zoning of the "Property"s dewribed in Exhibit A, and has requested a designation of General Retail and Service Commercial (C-% (Municipal Code of the City of Meridiani and 1.5 WHEREAS, "Developee/"Omnee made Mations at the public hearings both belbre the Macidian.Plannmg & Zoning Commission and bebre the Meridian City CoWW% as to how the subject "Property" will be developed and what improvements will be made; and 1.6 W.HETMAS, record of the proceedings for the requested annexation and zoning designation of the subject `Woperty" held before the Planning & Zoning Commission, and ahmfuently Af.�..A- Ate T�1►F � I7t►tMT\!E.-.T f �/I M /ft �. Wore the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received farther testimony and comment; and 1.7 WEEUAS, City Council, t eA— day of 1899, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, at forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in fWl. hereinafter referred to as {the `Findings" k and 1.8 WHEREAS, the "Findings" require the `Developer"/"Owner" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 `DEVELOPW deems it to be in its best interest to be able to enter into this Agreement and a ftowledges that this Agreement was entered into voluntarily and at its urging and requests, and 1.10 WEE EA.% `City" requires the `Developee//-Ownee to enter into a development agreement for the purpose ofensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreenment, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1995, Ordinance #688, January * 1884, and the Zoning and Development Ordinance codified in Title 11. Municipal CA)de of the City of Meridian. NOW, 1'i ZWORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: S. ]INCORPORATION OF RWTALSa That the above recitals are conte and binding and are incorporated herein as if set forth in full. s. DEF 14MOM For all purposes of this Agreement the fallowing words, terms, and phrases hemnm 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: FT.ITT.R I9l.� R17..l� . I'iY.1.T� I.p\.R. / • A M A� A 0 . 0 &I "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 ss East Idaho Avenue, Meridian, Idaho 83848. 3.2 -DEVELOPER": means and refers to John B. Sonntag and Alberta Sonntag; husband and w*, whose address is sm N. Tumbleweed, Boise, Idaho 837Is, the party developing said "Property" and shall include any subsequent owners)/developer(s) of the "Property". 3.3 "PROPERTY": means and refiers to that certain par J(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated hierein as if set forth at length. s.4 "O ": mews and refers to John R Sountag and Alberta Sounta& husband and wise, whose address is 3373 N. Tumbleweed, Boise, Idaho 83713, the owners of odd "Property". by . � ;�; ;r, �� :� c • ;���,i• . 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's Zoning Ordinance codified at Section 11- 2-wa B 11, Meridian City Code which are herein specified as follows: Construction and development of a 80,000 sq. & medical office budding intended to house pronal tenants and sic operating rooms for outpatient surgery. 4.2 No change in the uses specified in this Agreement shall be allowed without motion of this Agreement. S. DEVELOPMENT IN CONDITIONAL USE: "Developer"/"Owner" has submitted to "City" an motion for conditional use permit, and shall be required to obtain the "City"'s approval thereof; in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit w�.ATt I��111 If.'�w. • I�w�11tn\ flgA\ I •A M I.� �� 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: "Developer''/"Owner"'" develop the'Troperty" in accordance with the following special conditions:- 6.1 onditions:6.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be dW per City Ordinance 11 -g - 6'05.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No varknoes have been requested for tiling of any ditches crossing this project. 6.R Any existing domestic wells and/or septic systems within this project will have to be removed fivrn their domestic service per City Ordinance Section 6-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 6.3 Applicant shall be required to dee all right-of-way along Allen Street and Freeway Drive as required by ACID prior to any building permits being issued for this property. 6.4 Applicant shall be required to enter into 8 Development Agreement with the City as a condition of annexation. The Development Agreement shall specify minimum required landscape strip widths (as negotiated between applicant and City of h5er idian) along the west, south and east boundaries of property. 6.5 Applicant to submit a revised legal description prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and conforming to all the provisions of the City of Meridian Resolution No. 158, showing the subject site is contiguous to the Corporate City Limits of Meridian. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments coniaxied herem shall he termmated, and the zoning designation reversed, upon a def mit of the "Developee/"Owner" or "Developer's"/"Owner's" heirs, successors, assigns, to comply with Section a entitled "Conditions Governing Development of subject `Proper� of this aV ement within two (6) years of the date this Agreement is effective, and after the aCity" has complied with the notice and hearing procedures as outlined in LC. 167-6", or any subsequent amendments or rations thereof. & CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: `Drdopaa"/" )wmet" consents upon default to the deraiman ion and/or a reversal of the zoning designation of the `Property" subject to and conditioned upon die faflowing condidons precedent to -wit: &I That the "Chy" provide written notice of any Mune to comply with this Agmemot to `DevdoperrOwnw" and if the "Devdope P Uwnw" Eads to cora such fahlare within six (b) months of such notice. 9. INNECTION: `Developer"Mme�r" shag inanediately upon coupletion of any portion or the entirety of said development of the `Property" as mqui red by this amt or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspec dons and written approval of such completed improvenhcots or portion thereof in acc ardance with the terms and conditions ofdns Development Agreement and all other ordinances ofthe "City" that apply to said Development. 10. DEFAULT: 1o.1 In the event `Developer''/"OwnW, "Developer"s/"Owner's' heirs, successors, assigns, or subsequent owners of the `Property" or any other person acquiring an interest in the "Property", %a to faWdWy comply with all of the teems and conditions included in this Agreement in connection with the `Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Developerm/"Owner" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at -Developer-s/-Owner's" cost, and submit proof of such recording to "DEvelopeerOwner", prior to the third reading of the Meridian Zoning Ordnance in connection with the annexation and zoning of the'Property" by the City Council. N 'f171FfASY I�1O IYI.�t!!. I1TTl� IR.�1T I • M AA Al .. for any reason aftr such recordation, the City Council hits to adopt the ordinance in connection with the annexation and zoning of the "Property"' contemplated hereby, the "W shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDEM This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer''/"Owner", or by any successor or successor# in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secede the spec performance of the covenants, agreements, conditions, and obligations contained herein. 15.1 In the event of a material breach of this Agreement, the pies agree that "City" and "Developer"/"Owner"'shall have thirty (90) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such 'may (so) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and therealker shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such far nre may be extended for such perm as may be necessary to complete the caring of the same with diligence and eontinwity. 1s.2 In the event the performance of any covenant to be performed hereunder by either "Dev9elopee/"Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience; strilces or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under § 12-" of the Meridian City Code, to insure that installation of the improvements, which the "Developer''/"Owner" agrees to provide, if required by the. "City". 15. CERTMCATE OF OCCUPANCY: The "Developer"POwner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, Tom.. - -In - • I'.n� -- 6 •AM A• N 9 . 0 unless the "City" and "Developer"/"Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certdicaks of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 18. ABIDE BY ALL CITY ORDINANCESa That-Developer"/"(lienee agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (8) days atter deposit in the United States Mail, registered or oertif ed mail; postage prepaid, return receipt requested, addnwed as follows: c%o City Engineer City of Meridian ss E. Idaho Ave. Meridians ID Sam with copy to: City Clerk City of Meridian ss E. Idaho Ave. hGaridian, ID 83642 IDE�LO q !lin iL Sontag and na g 3,37s N. Tumbleweed oise, Idaho 83713 17.1 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. 18. 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 ofcompetent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termmadon or forfeiture of this Agreement 19. TUM IS OF THE E3SENC& The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every teem, condition 11,E -W"" AVft WW% " & 0- M A. t and provision hereof and that the failure to tidy perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so fading to perform. to BINDING UPON SU BS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, sucoceemrs, assigns and personal r+epr+esentatives, includntig "City"'s corporate authorities and their successors in office. Thin Agreement shall be binding on the owner of the `Property", each subsequent owner and any other person 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 ptovisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer"/"Owns, to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer"/"Owner'° has fully performed its obligations under this Aunt. 21. hNVAIM PROVISIONz If my provision of this Agreement is held not valid by a court of competentjurisdietion, 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. 22. FINAL AGBE`IENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer"/"Owner" 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 "Developer"/"Owner'' 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 "Vty", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the "ect "Property" herein provided for can be modified or amended without the approval of the City Council ager 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 23. EFF'ECl7VE DATE OF AGBEEMIENT: 'This Agreement shall be eve an the date the Meridian City Counal shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the `Rroperty' and execution of the Mayor and City Clerk. LJ ACKNOWLEDGNWZ S IN VaINEW WSEREOF, the parties have herein agreement and Made it effective as hereinabove provided. • 7oKn IE Sonmtag, c Developer/Owner BY Alberta Sonata& Developer/Owner CITY OF IAN �✓ BY,_ + Aust: CITY CLERK BY RESOLUTION NO. i2q !�flr��� r.m I.aaww • I�n�}I.� IMA\ f a►f M Al .\ O� lb •,' �;r o� STATE OF COUNTY OF �0 and • ��i' .,F:.rr Po a OV .}YITOFUM Sl: County of Ada 0 • :ss thisIray 1%tl�. in the year X00, beiare me, :,r a a Notary Public, personally appeared John R Sountag a& hi sband and wig, known or identiffed to me to be the persons who mment and acknowledge to we having executed the same. ';_.. No Public for I j` Commiasioa expires: 68-38.01 -j;j- Ir - Om this 5 ' dayof in the yew 200% before me, a Notary PW ffit6 pe'anuy Gomk and William G Berg, know or identified to me to be the��d Clerk, :nespevelF► of the City of Meridian, who executed the ' t person that executed the instrument of behalf of said City, and ackaow 0 ams that such City executed tim same. rr,,1 • {SEAL)` ; Notary I ;4OFD01�EBDIT A �QH� Desc:3pt�CII QIhAsKly A parcel of land being a portion of Lot IK, Amended Magic View Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book gS of Plats at pages 4446 and lying in Section 17, Township 8 North, Range 1 East, Boise Merridian, Ads ty, Idaho, and more particularly described as follows; f��•7P! IRA w•�� �. I\nlO�l. /•IAwA 1 . � M Ps H • w "REVISED FM,4 CONDITIONS AND The follow prepared for the or been executed by J Sonntegs, the own property is now un company, by Limit in the Ada County AOA COUNTY RMOR093 J. DAVID NAYMRO • 8018E IDAHO UM4103 12:32 PM DEPUTY WAS Turner RECORDED-REQUIST OF Meridlen CIV 11831. AMOUNT .00 ADDENDUM TO USES PERMITTED BY THIS AGREEMENT AND DEVELOPMENT OF SUBJECT PROEPRTY OF THE AGREEMENT FOR CASE AZ -"-014 CASE MI -03-001, M1-02-001, PFP-01010, CUP -01-M" is a revised fust addendum to the previous first addendum which was . . W owners, John and Alberta Sontag, and which first addendum has never n and Alberta Sontag. Since the preparation of the first addendum for the hip has changed by Limited Warranty Deed dated January 14, 2003, and the the new ownership of Eagle Road, LLC, a Nevada limited liability Warranty Deed dated January 14, 2003 and recorded on January 15, 2003 corder's office as Instrument No. 103007707. This revised first addendum pertains to that certiin Development Agreement between the City of Meridian and John and Alberta Sontag, specifically to the sections pertaining to 4. (4.1) USES PERMITTED BY THIS AGREEMENT and 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY which is subsequent to the entering into of the original development agreement dated July 5, 2000, and recorded in the Ada County Recorder's office as Instrument No. 100052718 on July 6, 2000. The parties hereto agree as follows: 1. The Development Agreement dated July 5, 2000, and in particular the sections pertaining to the Uses Permitted By This Agreement And Conditions Governing Development Of Subject Property Of The Development Agreement For Case AZ -99-014 And New Case MI - 02 -001, PFP-01-010, CUP -01-044, except as herein amended, as it describes permitted uses, is amended to read: 4. USES PSD BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Section 11-2- 408 B 11, Meridian City Code which are herein specified as follows: Constru Mon and development of one 3 -story, 80 room hotel (52,017 sq. ft.), and the opke building area has been increased to approximately 35,500 sq fx The o,07ce development shall either be two separate bsdldings totaling 35,500 sq. ft or a single building. "REVISED FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT" (ORIGINAL CASE NO. AZ -99-014 and new CASE Mi -03-001, MI -02-001, PFP-01-010, CUP -01-044) PAGE 1 of 9 2. It is agreed between the "City" and "Developer" that the development project of Fallon Greens Subdivision tka Meridian Hampton Center development shall be hay incorporated into the original development agreement with John and Alberta Sonntag, with the new ownership being Eagle Road, LLC, a Nevada limited liability company, by Limited Warranty Deed dated January 14, 2003 and recorded on January 15, 2003 in the Ada County Recorder's office as Instrument No. 103007707, and shall include the 4.10 acres located 875 S. Allen Street with a C -G zoning. Therefore, the "Developer" shall comply with the original conditions placed within the original development agreement, except as herein amended, along with the following additional conditions: A. .Adopt the Recommendations of the Planning and Zoning Department as follows: 1. The Decision and Order for File #PFP-01-010 shall be amended to reference "Fallon Greens Subdivision' ; stamped 2-10-03 by Pinnacle Engineers, Inc., and applicant shall comply with all other conditions of the PFP-01-010. 2. The Decision and Order for File #CUP -01-044 shall be amended to reference the new Site Pian (Sheet Al. 1, dated 01 FEB 03, Drawn: WAS, Job: 01217-1, by Habitec, and applicant shall comply with all other conditions of the CUP -01-044. 3. The issuance of a building permit for the proposed hotel prior to the final plat being recorded would be allowed if the following Statement of Compliances are complied with as follows: a. All driveways, parking, curbs, gutters and sidewalks shall be constructed to Meridian City Ordinance standards. b. The proposed use is in conformance with the City of Meridian Comprehensive. Plan. c. The development shall be connected to City services. d. The development shall be in compliance with Meridian City Ordinances. e. The final plat shall include all appropriate easements. f. All street names are existing and shall not interfere with the City grid. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire flow as required by the Uniform Fire Code shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III -A "REVISED FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT" (ORIGINAL CASE NO. AZ -99-014 and new CASE MI -03-001, MI -02-001, PFP-01-010, CUP -01444) PAGE 2 of 9 • 0 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 B. No vertical obstructions, or mature landscaping, shall obstruct the outlets of the fire hydrant within 10'. 9. All building uses and processes to comply with the fire code in effect at the time of construction. 10. A 20' wide fire lane shall be maintained around all proposed buildings. 11. A vertical clearance of 13' 6" shall be maintained over fire lanes, this may affect canopies. C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. All storm drainage shall be retained on site; if this is not the case, a Land Use Change / Site application shall be required. D. Adopt the Ada County Highway District's Comments and Recommendations as follows: 1. The modified site plan for Fallon Greens Subdivision Mampton Inn) is in general conformance with the previously prepared staff report for the site. 2. The proposed 80 -room hotel complex and 35,500 square foot office buildings are expected to generate 1,049 additional vehicle trips per day (0 existing) based on the Institute of Transportation Engineers Trip Generation Manual. There will be an impact "REVISED FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT" (ORIGINAL CASE NO. AZ -99-014 and new CASE MI -03-001, MI -02-001, PFP-01-010, CUP -014)44) PAGE 3 of 9 fee that is assessed and due prior to issuance of any building permits) on the site. The fee will be based on the impact fee ordinance in effect at that time. In addition to the standard impact fee, this development lies within an extraordinary impact fee area. Therefore, this property should pay an overlay fee to the District in the amount of $43.19 per trip to reimburse the costs of construction and right-of-way costs for the new road from the intersection of Eagle Road and St. Luke's driveway to the intersection of Magic View Drive and Allen Street as the proportionate share of this property on a per trip basis. 3. Since the original report was prepared for this site, ACHD's standard local/commercial right-of-way dimensions have changed. Therefore, the applicant has two options regarding Allen Street and Freeway Drive right-of-way (Site Specific Condition #1). In accordance with current District policy, the applicant may either dedicate 29 -feet of right- of-way or 27 -feet of right-of-way. 4. With the original submittal, the applicant was proposing three driveways into the site (Site Specific Condition #8). The modified site plan shows one driveway on Allen Street, located approximately 30 -feet south of the north property line and in alignment with an existing driveway on the east side of Allen Street, and one driveway on Freeway Drive located near the west property line. These modified driveway locations meet District policy and should be approved. 5. The previous conditions and requirements approved with MPFP01-010, MCUP01-044, Hampton Inn Subdivision, still apply to MMI03-001. Special Recommendations to the City, of Meridian: 1. The applicant shall provide the District with a copy of a recorded access easement among the parcels for use of the driveways for access to the public streets prior to approval. The following Site Specific. Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 1. Dedicate 29 -feet of right-of-way from the centerline of Allen Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of-way because Allen Street is a local commercial street and is to be brought to adopted standards by the developers of abutting properties. "REVISED FaW ADDENDUM TO THE DEVELOPMENT AGREEMENT" (ORIGINAL CASE NO. AZ -99-014 and now CASE NU -03.001, MI -02-001, PF!' -01.010, CUP -01-044) PAGE 4 of 9 2. Construct curb, gutter, 5 -foot wide concrete sidewalk and match paving on Allen Street abutting the parcel. Improvements shall be constructed to one-half of a 40 -foot street section. 3. Construct curb, gutter, 5 -foot wide concrete sidewalk on Freeway Drive abutting the parcel. Improvements shall be constructed to one-half of a 40 -foot street section. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact ACHD's Utility Coordinator at 387-2516 or 378-6258 (with file number) for details. 5. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. Contact District staff at 387-6170 for details. 6. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. 7. Any existing irrigation facilities should be relocated outside of the right-of-way. 8. The applicant is proposing two driveways on Allen Street and one driveway on Freeway Drive; •y Proposed driveway # 1 is located on Allen Street approximately 30 -feet south of the northern property line. This location meets District policy and is approved with this application. Pave the driveway to its full -required width of 25 to 30 -feet and to a point 30 -feet beyond the edge of pavement of Allen Street. ❖ Proposed driveway # 2 is located on Allen Street approximately 180 -feet south of the northern property line. This location meets District policy and is approved with this application. Pave the driveway to its full -required width of 25 to 30 -feet and to a point 30 - feet beyond the edge of pavement of Allen Street. :• Proposed driveway #3 is located on Freeway Drive approximately 150 -feet from the intersection of Allen Street and Freeway Drive. This location meets District policy and is approved with this application. Pave the driveway to its full -required width of 25 to 30 -feet and to a point 30 -feet beyond the edge of pavement of Freeway Drive. 9. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Freeway Drive and Allen Street is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. "REVISED FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT" (ORIGINAL CASE NO. AZ -99-014 and new CASE MI -03-001, MI -02-001, PFP-01-010, CUP -01.044) PAGE 5 of 9 • Standard Requirements: 0 1. The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACRD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to ever administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply, and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affnm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. "REVISED FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT" (ORIGINAL CASE NO. AZ -99-014 and new CASE MI -W-001, M1-02-001, PFP-01-010, CUP -01-044) PAGE W9 2. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 3. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 4. The applicant shall submit revised plans for gaff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 5. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 6. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 3. Except as modified by this Addendum, the Development Agreement between the parties dated July 5, 2000, is hereby ratified and confirmed. IT IS SO AGREED. DATED AND SIGNED this day of�� 2003. CITY OF MERIDIAN BY: May r Robert D. Corrie "REVISED FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT' (ORIGINAL CASE NO. AZ -99-014 and new CASE MI -03-001, MI -02-001, PFP-01-010, CUP -01-044) PAGE 7 of 9 0 ATTEST: OF BY elty Clerk Z '0" 1 0, % 0 EAGLE ROAD, LLC!, a Nevada limited Hability company — DEVELOPER/0VASER BY:— ATTEST: BY: STATE OF D)AHOJ : SS. County of Ada, .It.% On this W day of 2003, before me, a Notary Public, in and for the said state, personally appemvd Robert A Corrie and William G. Berg, Jr., known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instruinent or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. ($EAL) 00 bral an &Y -L" Notary Public for Idahb Residing at: " &L2 wKtt4 Commission Expires: "REVISED FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENr' (ORIGINAL CASE NO. AZ -99-014 and now CASE MI -03-001, MI -02-001, PFP-01-010, CUP -01-044) PAGE 8 of 9 STATE OF NE4HA,) Ss. County of On this 10 day of 7ulle 2003, before me, a Notary Public in and for said state, personally app Avo rrt T, r" -r -°-7D and -TOM C. 'o known or identified to me to be the rTs P,,_bior - and of Apr of Eagle Road, LLC, and who executed the instrument and acknowledged to me that they having executed the same on behalf of said Eagle Road, LLC. (SEWNot blic for Woods AriA004 Residing at: 14tV AZ Commission Expires:Miht�; LmQ Z:1WWkWNa GftaniMWWtm 1336ilMt WIM tiro W Sub (?a tkMpW hm Sub) W-03-W1%W ndMXMA WDwAVntd= "REVISED FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT" (ORIGINAL CASE NO. AZ -99-014 and new CASE MI -03-001, MI -02.001, PFP-01-010, CUP -01-044) PAGE 9 of 9 October 12, 2007 MI 07-007 MERIDIAN CITY COUNCIL MEETING October 1 b, 2007 APPLICANT Ustick Marketplace, LLC ITEM NO. 5-F REQUEST Addendum to Development Agreement — Request for an MI application to modify the DA to remove the CUP requirement for all commercial development in the C -G zone & instead require design review approval of all commercial development in C -G zone for Paramount Commercial Southwest AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO• AMOUNT .00 E BOISE IDAHO 10007 01:39 PM ` DEPUTY Bonnie Oberbilho RECORDED—REQUEST OF 107145935 Meridian Clay ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Ustick Marketplace, LLC, Owner/Developer This Addendum to the Development Agreement ("Addendum") is made and entered into this 3 rs day of 00�-v h4 -t-- , 2007, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereinafter called "CITY', and Ustick Marketplace, LLC, whose address is 12601 West Explorer Drive, Suite 200, Boise, Idaho 83713, hereinafter called "OWNER/DEVELOPER". RECITALS A. CITY and OWNER/DEVELOPER entered into that certain DEVELOPMENT AGREEMENT that was approved on July 15, 2003 and recorded on August 14, 2003 (Instrument # 103137116) ("Development Agreement") on the land described in Exhibit A ("Property"). B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement to provide that commercial uses in the C -G and L -O zones on the Property are not subject to conditional use permit requirements but instead require design review approval. The Meridian Planning and Zoning Commission and the Meridian City Council have approved the terms of this Addendum in accordance with Idaho Code Section 67-651 IA. 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 Development Agreement, except with regard to Section 6, "CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY" of the Development Agreement, which is hereby amended as follows: 6A.3 (on page 5 of the Development Agreement) shall read as follows: "A Development Agreement shall be entered into between the Developer and the City of Meridian that will require, among other conditions, that all future townhouse and multi family uses obtain conditional use permit approval prior to development, the construction of the multi -use pathway, and limiting Lots 1-13, Block 3; Lots 1-12, Block 33; Lots 1-12, Block 34; and Lots 1-13, Block 35 ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-M PARAMOUNT COMMERCIAL SOUTH MT) PAGE 1 OF 5 to attached and townhouse construction only and limiting Lots 1-13, Block 30, Lots 1-2, Block 31; Lots 1-12, Block 36; and Lots 1-13, Block 37 to one dwelling per lot. All commercial uses in the C -G and L -O zones shall obtain design review approval in accordance with the UDC administrative design review standards in effect at the time of development. " 2. This Addendum 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 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 the sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions herein 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, determines that OWNER/DEVELOPER has fully performed its obligations under this Addendum. 3. 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. 4. This Addendum sets forth all promises, inducements, agreements, conditions, and understandings between OWNER/DEVELOPER and CITY relative to the subject matter herein, and there are no promises, agreements, conditions or under -standings, 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. 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 without the approval of the CITY in accordance Idaho Code Section 67-6511A. 5. This Addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-007 PARAMOUNT COMMERCIAL SOUTHWEST) PAGE 2 OF 5 N M ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERIDEVELOPER: USTICK MARKETPLACE, LLC .5y, CITY OF MERIDIAN BY:r;-:--- f�z� r- - �j w" � IZ4 OZ Mayor Tammy Weerd rr/rtrr Attest:,o'��' BEAL William G. Berg, Jr., City ADDENDUM TO DEVELOPMENT AGREEMENT (NII 07-007 PARAMOUNT COMMERCIAL SOUTHWEST) PAGE 3 OF 5 M STATE OF IDAHO ) r� . ss: County of Ada, ) On this `day of 't/ , 2007, before me, the undersigned, a Notary Public in and for said State, personall ap azedno ¢-.-✓ C known or identified to me to be the Cox w � S �� r -r' o Usticlt aretplace, LLC and acknowledged to me that he executed the same on behalf of said limited liability corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �•••~cCA A. y IOTA*j, Rdsiding at: My Commission STATE OF IDAHO ) ss County of Ada ) On this I C9'�' day of (V.i-n bCY" , 2007, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., 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. 0 •0000t00000 • .•'•4�•'~'• (SEAL) : ANotary Public for Idaho • I Residing at: Commission expires: 10-11 - ( l ..�.: - ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-007 PARAMOUNT COMMERCIAL SOUTHWEST) PAGE 4 OF 5 N 00 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY A parcel of land being the SW 1/ SW 1/ of Section 33, Township 4 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the SW comer of said Section 33, said corner monumented with a 1/i -inch diameter iron pin; Thence N. 0°30'25" E., a distance of 1327.14 feet along the westerly boundary of said SW 1/ SW 1/a to the NW comer of said SW 1/a SW 1/ (S 1/16 comer common to Sections 32 and 33); Thence S. 89°47'55" E., a distance of 1329.19 feet along the northerly boundary of said SW 1/a SW 1/a to the NE comer of said SW 1/a SW 1/a (SW 1/16 comer), said comer monumented with a 5/8 -inch diameter iron pin; Thence S. 0°29'08" W., a distance of 1326.66 feet along the easterly boundary of said SW 1/4 SW 1/a to the SE corner of said SW 1/ SW 1/ (W 1/16 comer common to Sections 4 and 33); Thence N. 89°49'08" W., a distance of 1329.70 feet along the southerly boundary of said SW 1/ SW 1/a to the POINT OF BEGINNING. This parcel contains 40.49 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. All according to Record of Survey No. 3769, recorded as Instr. No. 97008745 in the Office of the Ada County Recorder. This information contained in this legal description was derived from the data of record as shown on "Record of Survey No. 3769, Instr. No. 97008745", and is not based on an actual field survey. ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-007 PARAMOUNT COMMERCIAL SOUTHWEST) PAGE 5 OF 5 • C October 12, 2007 MERIDIAN CITY COUNCIL MEETING October 16, 2007 APPLICANT ITEM NO. S - REQUEST Water Main Easement Agreement for Diamong Point Building by Syringa Properties AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See aNached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVMO AMOUNT .00 5 BOISE IDAHO 10125107 01:3 PM DEPUTY Bonnie Oberbillig RECORDED—REQUEST OF 17145939 Meridian City WATER MAIN EASEMENT THIS INDENTURE, made this h day oA�1 between %Tjnga Properties Holding , Inc..,- the 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 water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to 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 construction, operation, maintenance, repair, replacement of a water main 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 water line and their allied facilities, together with their maintenance, additional connection thereto, 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 construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, 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 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 he 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. Water Main Easement Diamond EASMT_WTRT.doc 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 WIIDREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR SYRINGA PROPERTIES HOLDINGS, INC. Timothy R Wilcomb, Secretary of the Syringa Properties Holdings, Inc. STATE OF IDAHO ) ) ss County of Ada ) On this a4 Tz� day o20jLZ before me, the undersigned, a Notary Public in and for said State, personally appeared Timothy R Wilcomb ,known or identified to me to be the Secretary of the Syringa Properties Holdings, Inc., and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. NOTARY PUBLIC FOR IDAHO pK !•R 41 Y Residing at p r rr•• �, Commission Expires: Z GRANTEE: CITY OF MERIDIAN Water Main Easement Diamond EASMT WTR MAIN.doc Tammy de Weerd, or L Attest by William G. Berg, Ci Cl Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) I/111111 ►tt 0 On this l �l`Zday of ,200? before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., 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. (SEAL) Water Main Easement NOTARY PUBLIC FOR IDAHO Residing at: /1 LI Commission Expires: Diamond —WTR E TEAL.EY'S LAND 187 F. 50th Street • Garden City, tdaho 83714 SURVEYING (208) 385-0636 QW — Fax (208) 385-0696 Project No. 3160 Date: July 9, 2007 EXHIBIT "All DESCRIPTION OF MERIDIAN WATER LINE EASEMENT FOR DIAMOND POINT BUILDING A 20.00 foot wide parcel of land being a portion of Parcel "A" as shown on Record of Survey No. 6689 as on file in the Office of the Recorder for Ada County, Idaho, situated in Lot 3 and Lot 4, Block 4, Silverstone Campus Subdivision as on file in Book 89 of Plats at Pages 10295 through 10299 in the Office of the Recorder for Ada County, Idaho, located in the NW of Section 21, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho. The boundaries of said 20.00 foot wide parcel are located 10.00 feet on each side of the following described centerline: COMMENCING at the Northeast comer of said Lot 3, marked by an iron pin; thence along the East line of said Lot 3 along the arc of a curve to the right whose radius is 273.00 feet, whose central angle is 02°05'57", whose length is 10.00 feet and whose long chord bears South 00056'53" East 10.00 feet to the TRUE POINT OF BEGINNING; thence leaving said East line of Lot 3 along a line that is parallel with the North line of said Lot 3 North 89052'14" West 33.49 feet to a point; thence South 45013'16" West 80.86 feet to a point; thence North 89046'44 ° West 234.40 feet to a point; thence South 00°13'13" West 116.53 feet to a point hereinafter referred to as POINT A. Together with: COMMENCING at said POINT A; thence North 89°46'47" West 28.00 feet to a point of terminus. Together with: COMMENCING at said POINT A; thence South 8904647" East 15.00 feet to a point of terminus. Said Parcel Contains 9,965 Square Feet, more or less. 3 l6t?-Water-Ease.doc -dam Page 1 of I Pa S The Northeast Corner of Lot 3, Block 4, Silverstone Campus I I u! J N UN o n Ga w o -s d B Lo C Z d—' I XN I a a_ t 0 S. COBALT POINT WAY TRUE POINT OF BEGINNING T s ' S00_13_16°W The East Line of Lot 3. Block 4 ° 10.00' (TypJ I EXHIBIT "B" WATERLINE EASEMENT EXHIBIT FOR DIAMOND POINT BUILDING A PART OF PARCEL °A° AS SHOWN ON R.O.S. #6689, LOT 3 AND A PORTION OF LOT 4, BLOCK 4, SILVERSTONE CAMPUS SUBDIVISION LOCATED IN THE NW A OF SECTION 21, T.3N.-R.I.E., B.M., MERIDIAN, ADA COUNTY, IDAHO 10.00' (Typ.) (TypJ ` t — Area In Legal Description = DEVELOPER/OWNER: SYRINGA PROPERTIES 116.53' 9,965 sq.ft. or 0.229 acres HOLDINGS, INC. more or less. PO BOX 7373 :...... x N 89°46'47° BOISE, ID 83707 Af 28.00' i b CURVE TABLE CURVE I RADIUS DELTA LENGTH IBEARING CHORD "`'I C -I 273.00' 2°05'57" 10.00' S 00°56'53° E 10.00' 10.00' (Typ.) (TypJ i t — 116.53' POINT :� :...... x N 89°46'47° W Af 28.00' b tc 0 20 40 80 .............._.... SCALE IN FEET i r i � s 3160--Woter—Ease—Exh.dwg 09--20-07 11:40:41 dmarks I Q PROPOSED DIAMOND POINT BUILDING POINT OF TEI:RAIIIUS [--I 10.00' (TYP') 1000'(Typ.) . W -"r S 89°4647" E 15.00' s POINT OF w.► 116.53' POINT A N 89°46'47° W 28.00' POINT OF w.► 0 Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File i City of Meridian Public Works Dept. 04470-:1O N - M N, (Date: 10/8/2007 Re: Proposed Agenda Items for 10-16-07 City Council Meeting OCT 0 9 2007 City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 10-16-07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Diamon Point Oda by Syrinaa Properties. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Diamon Point Bldg by Syringa Properties and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for Creamline Park Sub by Ronald Van Auker. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Creamline Park Sub by Ronald Van Auker and authorize the Mayor to sign and City Clerk to attest 3) Water Main Easement for Lowe's (Overand) by Karcher Crossing. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Lowe's (Overand) by Karcher Crossing and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this _ day of , 20 between S r�inga Properties Holdings. Inc. , the 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 water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to 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 construction, operation, maintenance, repair, replacement of a water main 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 water line and their allied facilities, together with their maintenance, additional connection thereto, 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 construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, 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 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. Water Main Easement Diamond_EASMT_WTR MAIN.doc 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. GRANTOR: SYRINGA PROPERTIES HOLDINGS, INC. Timothy R. Wilcomb, Secretary of the Syringa Properties Holdings, Inc. STATE OF IDAHO ) ) ss County of Ada ) On this day of re•u 45,e-, 20,0 7, before me, the undersigned, a Notary Public in and for said State, personally appeared Timothy R. Wilcomb , known or identified to me to be the Secretary of the Syringa Properties Holdings, Inc., and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. N+na•b�a• r.�`g ►1685 •��iy t •'r► NOTARY PUBLIC FOR IDAHO ©'f ABY # Residing at 'J o 1 'r +45: .0 Commission Expires: .•• P%3 �s • �o GRANTEE: CITY OF MERIDIAN Water Main Easement Diamond EASMT_WTR MAIN.doc • Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada On this day of , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., 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. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement Diamond EASMT_WTR MAIN.doc F EALETS LAND SURVEYING Fax (208) 385-0696 Project No. 3160 EXHIBIT "A" Date: July 9, 2007 DESCRIPTION OF MERIDIAN WATER LINE EASEMENT FOR DIAMOND POINT BUILDING A 20.00 foot wide parcel of land being a portion of Parcel "A" as shown on Record of Survey No. 6689 as on file in the Office of the Recorder for Ada County, Idaho, situated in Lot 3 and Lot 4, Block 4, Silverstone Campus Subdivision as on file in Book 89 of Plats at Pages 10295 through 10299 in the Office of the Recorder for Ada County, Idaho, located in the NW of Section 21, T.3N., R.1E., B.M., Meridian, Ada County, Idaho. The boundaries of said 20.00 foot wide parcel are located 10.00 feet on each side of the following described centerline: COMMENCING at the Northeast comer of said Lot 3, marked by an iron pin; thence along the East line of said Lot 3 along the arc of a curve to the right whose radius is 273.00 feet, whose central angle is 02005'57", whose length is 10.00 feet and whose long chord bears South 00056'53" East 10.00 feet to the TRUE POINT OF BEGINNING; thence leaving said East line of Lot 3 along a line that is parallel with the North line of said Lot 3 North 89052'14" West 33.49 feet to a point; thence South 45013'16" West 80.86 feet to a point; thence North 89046'44 "West 234.40 feet to a point; thence South 00°13'13" West 116.53 feet to a point hereinafter referred to as POINT A. Together with: COMMENCING at said POINT A; thence North 89046'47" West 28.00 feet to a point of terminus. Together with: COMMENCING at said POINT A; thence South 89046'47" East 15.00 feet to a point of terminus. Said Parcel Contains 9,965 Square Feet, more or less. 3164-Water-Ease.doc - dnm Page 1 of I S. COBALT POINT WAY EXHIBIT "B II The Northeast Corner WATERLINE EASEMENT of Lot 3, Black 4, TRUE POINT OF BEGINNING Silverstone Campus EXHIBIT FOR Subdivision - - - - - DIAMOND POINT BUILDING _ T• v -I _ j :..$ ....•:..r,,.---- — APART OF PARCEL A AS SHOWN ON The East Line of R.O.S. #6689, LOT 3 AND A PORTION �. Lot 3, Block 4 OF LOT 4, BLOCK 4, SILVERSTONE CAMPUS SUBDIVISION LOCATED IN THE o' m • NW Y4 OF SECTION 21, T.3N.-R.I.E., B.M., g a+ MERIDIAN, ADA COUNTY, IDAHO 00 Z. .:�...\ .i 1 DEVELOPER/OWNER: Area in Legal Description = SYRINGA PROPERTIES 0 A9,965 sq.ft, or 0 229 acres HOLDINGS, INC. -.6 I -S 6.;' 1 more or Tess. PO BOX 7373 BOISE, ID 83707 `o Kv N CURVE TABLE Em ..... .... .... ................._ do I CURVE RADIUS DELTA LENGTH BEARING CHORD C -I 273.00' 2°05'57" 10.00' S 000 } 0 ..... ............................... 10.00 L , c Z L:- (TYP I: a 20.00,: I, 10.00" (Typ) s .. I. (Typ) a i 56'53" E 10.00' } 0 ..... ............................... 10.00 L , c Z L:- (TYP I: a 20.00,: I, 10.00" (Typ) s .. I. (Typ) a i IS 00°13'13" W � rs MT.J I 116.53 POINT A ` f 1: N 89°46'47" W 28.00' — _ _ INT OF TERMINUS 315G tvoii:—Ease—Exh.dxg9-10—G? .i 40:41 a, <111 171 October 12,2W7 MERIDIAN CITY COUNCIL MEETING October 16, 2007 0 APPLICANT ITEM NO. 5 - REQUEST Sanitary Sewer and Water Main Easement Agreement for Creamline Park Subdivision by Ronald Van Auker AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meetings shad become property of the City of Meridian. ADA COUNTY RECORDER J. DAVIDARRO AMOUNT .00 10 BOISE IDAHO 1012.9/07 01:39 PM DEPUTY Bonnie OberbilIg III 111111iiiillli111111111{1111111 lil RECORDED -REQUEST OF 101453 Meridian City SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this AL*day oft9 Oohbetween µft"r-p t. AV4 the 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 and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and waxer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines 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 sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains 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. Sanitary Sewer and vyater Main Easement EASMT.SW ftp- Ld-Q- 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 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 wan -ant 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. STATE OF IDAHO ) ) ss County of Ada ) On this_ day ofD20 d before me, the undersigned, a Notary Public in and for said State, personally appeared VV. I ak A4 ✓ and known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. (4wm -A-4 Ei RY PUBLIC FO A�iO g at- . ssionExpires: Easement EASMT.SW I� GRANTEE: CITY OF MERIDIAN Tammy de eer or o x'4 h1 EL Attest by William G. Berg, r., ityIer �F� Approved By City Council On: tun STATE OF IDAHO, ) . ss. County of Ada ) On this �t`P day of C6, Gl, ( , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and William G. Berg, Jr., 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. (SEAL) sesefte_ NOTARY PUBLIC FOR IDAHO l +_ n Resi at: '1 'l't�t . Commission Expires:tt Sanitary Sewer and Water Main Easement EASMT.SW 1%�I11IS! ! "A" IDAHO 1450 East Watertower St. Suite 150 SURVEY Meridian, Idaho 83642 GROUP Phone (208) 846-8570 Fax (208) 884-5399 Project No. 07-014-01 September 27, 2007 Creannline Park Sanitary Sewer Easement A parcel of land, located in the SW 1/4 of Section 12, UN., &I W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Southwest comer of said Section 12, from which the South 1/4 comer of said section bears South 8915'24" East, 2651.28 feet; Thence North 5648'50" East, 949.21 feet to the REAL POINT OF BEGINNING. Thence North 00°43' 10" East, 20.00 feet; Thence South 89°16'50" East, 40.00 feet; Thence North 00°43' 10" East, 236.54 feet; Thence North 89° 16'50" West, 40.00 feet; Thence North 00'43'10" East; 20.00 feet; Thence South 8916'50" East, 40.00 feet; Thence North 00°43' 10" East, 309.30 feet; Thence North 89045'16" West, 39.92 feet; Thence North 00°14'44" East, 20.00 feet; Thence South 89"45'16" East, 40.08 feet; Thence North 00043'10" East, 289.63 feet; Thence South 88°30'36" East, 20.00 feet; Thence South 00°43' 10" West, 283.19 feet; Thence South 89045'16" East, 39.87 feet; Thence South 00014'44" West, 20.00 feet; Thence North 89'45'16" West, 40.03 feet; F Prof es-sional Land Surveyors pg 0 Thence South 00043' 10" West, 309.47 feet; Thence South 89°16'50" East, 40.00 feet; Thence South 00'43'10" West, 20.00 feet; Thence North 89016150" West, 40.00 feet; Thence South 00141'10" West, 242.54 feet; Thence South 89°16'50" East, 40.00 feet; Thence South 00043'10" West, 20.00 feet; Thence North 89°16'50" West, 100.00 feet; Prepared By: Idaho Survey Group, P.C. D. Terry Peugh, PLS 43-,� l0 S.114 S.14 I EXHIBIT B 0 •EXHIBIT "B" CITY OF MERIDIAN SANITARY SEWER EA CREAMLINE PARK SUBDIVISION LOCATED IN TES HEST 1/2 OF THE SW 1/4 OF SECTION 12. T.3N.. R.11I., B.M., MBEIDIAN, ADA COUNTY, WA80 2007 L12 Fl I� �i Ji I� In IJ i1 I tI , L10) L14 IE �18 J j1 I I II r J) {il J I I ii L6J JC4, L18 II r2Q J ii JI II I J II L2J LL22 Q F, J Age'; L24 �caronA9'I. S89'1 6'50'E 0 •EXHIBIT "B" CITY OF MERIDIAN SANITARY SEWER EA CREAMLINE PARK SUBDIVISION LOCATED IN TES HEST 1/2 OF THE SW 1/4 OF SECTION 12. T.3N.. R.11I., B.M., MBEIDIAN, ADA COUNTY, WA80 2007 -12_ _ 5,1?i/4 S.13 SB91WZ4'E 28s1.2C S13 150 0 75 150 300 SCALE IN FEET li alley Engineering, Inc. CML ENeiNEERINa i PLANNINQ i CADD 1472 E. UWN EAC" M TM 20840-0019 EAGLE, ID 89616 FAX 208431}'0616 LINE TABLE UNE LENGTH BEARING L1 20.00 NOO'43'10"E L2 40.00 S89'16'50"E L3 236.54 NOO'43'10"E L4 40.00 N89'16'50"W L5 20.00 N00'43'10" L6 1 40.00 S89'1 6'50'E L7 309.30 NOO'43'10"E L8 39.92 N89'45'16V L9 20.00 N00'14'44 L10 40.08 69'45'16"E L11 289.63 NOV 43'10"E L12 20.00 S88'30'36"E L13 283.19 S00'43'10"W L14 39.87 S89'45'16"E L15 20.00 SOU' 14'44W L16 40.03 N89'45'16W L17 309.47 S00'43'10"W L18 40.00 S89'1 6'50"E 09 20.00 SOO'43'10"W L20 40.00 N89'1 6'50"W L21 242.54 S00'43'10"W L22 40.00 I S59*16'5 " L23 20.00 1 S00'43'10"W L24 100.00 1 N09'1 6'50V -12_ _ 5,1?i/4 S.13 SB91WZ4'E 28s1.2C S13 150 0 75 150 300 SCALE IN FEET li alley Engineering, Inc. CML ENeiNEERINa i PLANNINQ i CADD 1472 E. UWN EAC" M TM 20840-0019 EAGLE, ID 89616 FAX 208431}'0616 a.luaaa�a a r� 1450 East Watertower St IDAHO Suite 150 SURVEY Meridian, Idaho 83642 GROUP Phone (208) 846-8570 Fax (208) 884-5399 Project No. 07-014-01 September 27, 2007 Creamline Park Water Easement A parcel of land located in the SW 1/4 of Section 12, T.3N., RAW., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Southwest comer of said Section 12, from which the South 1/4 corner of said section bears South 8915'24" East, 2651.28 feet; Thence North 56048'50" East, 949.21 feet to the REAL POINT OF BEGINNING. Thence North 00c43'1 V East, 20.00 feet; Thence South $9°16'50" East, 52.00 feet; Thence North 00043'10" East, 246.54 feet; Thence North 89016'50" West, 52.00 feet; Thence North 00043'10" East, 20.00 feet; Thence South $916'50" East, 52.00 feet; Thence North 00043'10" East, 309.49 feet; Thence North 8916'50" West, 52.00 feet; Thence North 00°43'.10" East, 20.00 feet; Thence South $9016'50" East, 100.00 feet; Thence South 00043'10" West, 20.00 feet; Thence North 89016'50" West, 13.00 feet; Thence South 00-43'10" West, 13.00 feet; Thence North $9016'50" West, 15.00 feet; Thence South 00043'10". West, 83.48 feet; Thence South 88030'36" East, 459.73 feet; Professional Lend Surveyors • Thence South 00032'36" West, 77.76 feet; Thence South 89027'24" East, 3.00 feet, Thence South 00°32'36" West, 20.00 feet; Thence North 89°27'24" West, 23.00 feet; Thence North 00°32'36" East, 78:08 feet; Thence North 88030'36" West, 439.79 feet; Thence South Q0043'11011 West, 156.51 feet; Thence South $9016'50" East, 17.50 feet; Thence South 00°43'10" West, 20.00 feet; Thence North 89016'50" West, 17.50 feet; Thence South 00043'10" West, 16.49 feet; Thence South 89°16'50" East, 28.00 feet; Thence South 00-43'10?' West, 20.00 feet; Thence North 89°16'50" West, 28.00 feet; Thence South 00°43' 10" West, 215.54 feet; Thence South 89016'50" East, 15.00 feet; Thence South 00043'10" West, 20.00 feet; Thence North 89° 16'50" West, 15.00 feet; Thence South 00043'10" West, 11.00 feet; Thence South 8916'50"East, 28.00 feet; Thence South 00043'10" West, 20.00 feet; Thence North 89016'50" West, 28.00 feet; Thence South 00-43'10" West, 22.41 feet; • 0 0 Thence 20.50 feet along the arc of a non -tangent curve to the left having a radius of 61.50 feet, a central angle of 19005'49", and along chord bearing North 77°52'06" West, 20.40 feet Thence North 00°43' 10" East, 18.37 feet; Thence North 89°16'50" West, 52.00 feet to the Point of Beginning; Prepared By: Idaho SurveyrQT-Qup, P.C. 4431 L If D. Terry Peugh, PLS CITY OF MERIDIAN WATER EASEMENT EXHIBIT B CREAMLINE PARK SUBDIVISION :QL14 LOCATED IN THE wain 1/2 OF THE 311 1/4 OF SECTION 12, L10 T.3N., R.iw.. B.M., MERIDIAN, ADA COUNTY, IDAHO L8 200? N J L16 L22 n � J L18 J M L20 J NI L4 ro Z' L2 Cy� L41 �y69a9ti JCI S.11 2 5.14 S.I. L24 In N J N L26 J L30 S1 1/1 CURVE TABLE CURIE LENGTH RADIUS DELTA CHORD DIRECTION CHORD Cl 20.50 1 61.50 19'05'49" N77'52'06"W 20.40 4431 � O 9TF OF �RRY PE� 150 0 75 150 3oo fwalley Engineering, Inc. SCALE IN FEET CML ENGINEERING I PLANNING I CADD 1472 E. IRON EAGLE DR. TEL 208-93MO13 EAGLE, ID 83616 FAX 208-938.0516 LINE TABLE UNELENGTH BEARING L1 20.00 N00"43'10" L2 52.00 §89'16'50"E L3 d 246.54 N00'43' 10"E L4 52.00 N89'16'50"W L5 20.00 N00'43'10"E L6 52.00 S89'16'50" L7 309.49 N00'43'10"E L8 52.00 N89'16'50'W L9 20.00 N00'43' 10"E L10 100.00 S89'1 6'50'E L11 20.00 S00'43'10'W L12 13.00 N8W16'50"W L13 13.00 S00'43'1O"W L14 15.00 N89'16'50"W L15 83.48 S00'43'10"W L16 459.73 S8630'36"E L17 77.76 S00'32'36W L18 3.00 S89'27'24"E L19 20.00 S00'32'36"W L20 23.00 N89'27'24W L21 78.08 N00'32'36' L22 439.79 N88'30'36W L23 156.51 S00'43'10"W L24 17.50 S89'16'50"E L25 20.00 SOO'43'109W L26 17.50 N8W16'50'1W L27 16.49 S00'43'10"W L28 28.00 S8W 16'50"E L29. 20.00 S00'43'10"W L30 28.00 N89'1 6'50"W L31 215.54 SOQ'43' 10" W L32 15.00 S89'16'50"E L33 20.00 S00'43' 1 O"W L34 15.00 N89'16'50'1W L35 11.00 S00'43'10'W L36 28.00 589116'50"E L37 20.00 S00'43'10"W L38 28.00 N89'1 6'50'W L39 22.41 1 S00'43'10" W L40 18.37 1 NOW43'10"E L41 52.00 1 N89'16'S0'W 150 0 75 150 3oo fwalley Engineering, Inc. SCALE IN FEET CML ENGINEERING I PLANNING I CADD 1472 E. IRON EAGLE DR. TEL 208-93MO13 EAGLE, ID 83616 FAX 208-938.0516 Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 10/8/2007 • City of Meridian Public Works Dept. Re: Proposed Agenda Items for 10-16-07 City Council Meeting 0 C T o F9 2007 city Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 10-16-07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Diamon Point Bldn by Syrincia Properties. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Diamon Point Bldg by Syringa Properties and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for Creamline Park Sub by Ronald Van Auker. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Creamline Park Sub by Ronald Van Auker and authorize the Mayor to sign and City Clerk to attest 3) Water Main Easement for Lowe's (Overand) by Karcher Crossing. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Lowe's (Overand) by Karcher Crossing and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 u • SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this AL*day ofMUNW00 between�v4���+�1. PAv4 i the 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 and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines 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 sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains 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. Sanitary Sewer and Water Main Easement EASMT.SW • 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 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 fust herein above written. STATE OF IDAHO ) ) ss County of Ada ) On this Vim, day of 0�4 20 01. before me, the undersigned, a Notary Public in and for said State, personally appe0-MMA d1l .1%Q.yi &4e ✓ and known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. Vidting YPU BLIC FO I AHOO at:�.�t-O Commission Expires: r71 201� Easement . EASMT.SW 0 GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, Jr., City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) • On this day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and William G. Berg, Jr., 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. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Sanitary Sewer and Water Main Easement EASMT.SW • EXHIBIT "A" 1 DA H O 1450 East Watertower St. Suite 150 SURVEY Meridian, Idaho 83642 GROUP Phone (208) 846-8570 Fax (208) 884-5399 Project No. 07-014-01 September 27, 2007 Creamline Park Sanitary Sewer Easement A parcel of land located in the SW 1/4 of Section 12, UN., R.1 W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Southwest corner of said Section 12, from which the South 1/4 comer of said section bears South 89015'24" East, 2651.28 feet; Thence North 56°48'50" East, 949.21 feet to the REAL POINT OF BEGEVNING. Thence North 00'43'10" East, 20.00 feet; Thence South 89°16'50" East, 40.00 feet; Thence North 00'43'10" East, 236.54 feet; Thence North 89°16'50" West, 40.00 feet; Thence North 00'43'10" East, 20.00 feet; Thence South 89°16'50" East, 40.00 feet; Thence North 00'43'10" East, 309.30 feet; Thence North 89°45' 16" West, 39.92 feet; Thence North 00°14'44" East, 20.00 feet; Thence South 89°45' 16" East, 40.08 feet; Thence North 00'43'10" East, 289.63 feet; Thence South 88°30'36" East, 20.00 feet; Thence South 00°43' 10" West, 283.19 feet; Thence South 8945'16" East, 39.87 feet; Thence South 00°14'44" West, 20.00 feet; Thence North 8945'16" West, 40.03 feet; Professional Land Surveyors Thence South 00°43' 10" West, 309.47 feet; Thence South 89°16'50" East, 40.00 feet; Thence South 00'43'10" West, 20.00 feet; Thence North 89°16'50" West, 40.00 feet; Thence South 00°43' 10" West, 242.54 feet; Thence South 8916'50" East, 40.00 feet; Thence South 00'43'10" West, 20.00 feet; Thence North 89016'50" West, 100.00 feet; Prepared By: Idaho Survey Group, P.C. 4431 9-2-7-0 D. Terry Peugh, PLS • • EXHIBIT "B" CITY OF MERIDIAN SANITARY SEWER EASEMENT EXHIBIT B CREAMLINE PARK SUBDIVISION LOCATED IN THE WEST 1/2 OF THE SM 1/4 OF SIMON 12, T.BN., RAW., H.M., MERIDIAN, ADA COUNTY, IDAHD 2007 Ln LINE TABLE I LINE LENGTH BEARING L1 20.00 N00'43'10"E L2 40.00 S89'1 6'50"E L3 236.54 N00'43.10"E L4 40.00 N89 '16'50 -W L5 20.00 N00'43'10"E L6 40.00 sag* 16'50"E 1 L7 309.30 N00'43'10"E I I L8 39.92 N89'45'1 VW L9 20.00 N00'14'44"E 00 40.08 S89'45'16"E Ll1 289.63 N00'43.10"E LL14 L12 20.00 S88'30'36"E r1 j L13 283.19 SOO'43'10"W SELBI IL16 L14 39.87 589'45'16"E I I L15 20.00 SOO'14'44"W L16 40.03 N89'45.10N I I L17 309.47 S0943.10"W L18 40.00 559'16'50"E I I 09 20.00 S00'43'10'W L20 40.00 N89' 16'50'V ^'I^ L21 242.54 S00'43'10'W J L22 40.00 9'16'50"E I I L23 20.00 S00'4 '10"W L24 100.00 N89'16'50'V I I II La L18 JEL4� 10 II II �I IJ r I II CI L2 LL22 - 443L24 of 11 sas. S.11 .12 t2A�11/4 DAY Q S.14 5.13 5aeys'za"E zasl.za `I &13V 150 0 75 150 300 SCALE IN FEET EXHIBIT f°A" IDAHO 1450 East Watertower St. Suite 150 SURVEY Meridian, Idaho 83642 GROUP Phone (208) 846-8570 Fax (208) 884-5399 Project No. 07-014-01 September 27, 2007 Creamline Park Water Easement A parcel of land located in the SW 1/4 of Section 12, T.3N., RAW., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Southwest corner of said Section 12, from which the South 1/4 comer of said section bears South 89015'24" East, 2651.28 feet; Thence North 56°48150" East, 949.21 feet to the REAL POINT OF BEGINNING. Thence North 00-43'l 0" East, 20.00 feet; Thence South $9° 16' 50" East, 52.00 feet; Thence North 00'43'10" East, 246.54 feet; Thence North 89116'50" West, 52.00 feet; Thence North 00'43'10" East, 20.00 feet; Thence South $9016'50" East, 52.00 feet, Thence North 00043'10" East, 309.49 feet; Thence North 89"16'50" West, 52.00 feet; Thence North 00'43'10" East, 20.00 feet; Thence South 8916'50" East, 100.00 feet; Thence South 00'43'10" West, 20.00 feet; Thence North 89°16'50" West, 13.00 feet; Thence South 00'43'10" West, 13.00 feet; Thence North $9016'50" West, 15.00 feet; Thence South 00'43'10" West, 83.48 feet; Thence South 88030'36" East, 459.73 feet; Pro fessionai Lewd Surveyors • Thence South 00°32'36" West, 77.76 feet; Thence South 89027'24" East, 3.00 feet; Thence South 00°32'36" West, 20.00 feet; Thence North 89°27'24" West, 23.00 feet; Thence North 00°3236" East, 78.08 feet; Thence North 8830'36" West, 439.79 feet; Thence South 00'43'10" West, 156.51 feet; Thence South 89°16'50" East, 17.50 feet; Thence South 00°43'10" West, 20.00 feet; Thence North 89°16'50" West, 17.50 feet; Thence South 00'43'10" West, 16.49 feet; Thence South 89016'50" East, 28.00 feet; Thence South 00043'10" West, 20.00 feet; Thence North 89016'50" West, 28.00 feet; Thence South 00043'10" West, 215.54 feet; Thence South 89°16'50" East, 15.00 feet; Thence South 00043'10" West, 20.00 feet; Thence North 89°16'50" West, 15.00 feet; Thence South 0043' 10" West, 11.00 feet; Thence South 89016'50" East, 28.00 feet; Thence South 00043'10" West, 20.00 feet; Thence North 89016'50" West, 28.00 feet; Thence South 00'43'10" West, 22.41 feet; 0 Thence 20.50 feet along the arc of a non -tangent curve to the left having a radius of 61.50 feet, a central angle of 19°05'49", and a long chord bearing North 77°52'06" West, 20.40 feet Thence North 00°43'10" East, 18.37 feet; Thence North 89°16'50" West, 52.00 feet to the Point of Beginning; Prepared By: Idaho SurveYX3Twn, P.C. 4431 .'I - 4NS',f OF D. Terry Peugh, PLS EXHIBIT B L1 EXHIBIT 11811 CITY OF MERIDIAN WATER EASEMENT CREAMLINE PARK SUBDIVISION 10 LOCATED IN TAE WEST 1/2 OF THE SW 1/4 OF SECTION 12, T.3N., R.M. B.M., J MERIDIAN, ADA COUNTY, IDAHO L12 2007 L14 L16 L22 CURVE TABLE CURVE LENGTH RADIUS L24 CHORD DIRECTION I CHORD L6 20.50 U' N 19'05'49" LoJ T 20.40 246.54 N00'43'10"E L4 J L4 L5 ^ L26 N00'43'10"E L6 1 52.00 S89'1 6'50"E L28 rn 309.49 N00'43'10"E L8 52.00 N J L9 20.00 N00'43'10"E L10 L30 589'16'50"E L11 20.00 S0943'10"W n J 13.00 N89" 16'50'W M � J 13.00 S00'43'10"W re 15.00 N89'16'50"W L32 83.48 S00'43'10"W L16 459.73 L34 L17 C S00'32'36"W L18 uo 589'27'24"E L19 20.00 S00'32'36W L36 23.00 N89'27'24W L21 L2L2 NOU32'36"E L22 439.79 N88'30'36"W L23 156.51 M J O 6a5; L41 JC1 L38 20.00 S00'43'10"W ay69�9'L -i N89'16'50"W L27 S.11 A 12 L28 28.00 S-12 1'1e 514 S. SB9'15'24-E 2651.28 28.00 N89'1 6'50"W L31 215.54 SOO'43'10"W 513 CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD DIRECTION I CHORD Cl 20.50 61.50 19'05'49" N77'52'06"W T 20.40 4431 oa.2-t-D,r9� \Q T9�rF OF �o G`2, n J L18 rn J L20 150 0 75 150 300 alley Engineering, Inc. SCALE IN FEET CIVIL ENGINEERING I PLANNING ICADD 1472 E. IRON EAGLE DR. TEL 208-938-0013 EAGLE, ID 83616 FAX 208-938-0516 LINE TABLE LINE LENGTH BEARING L7 20.00 N00'43'10"E L2 52.00 S89'1 6'50"E L3 246.54 N00'43'10"E L4 52.00 N89'16'50"W L5 20.00 N00'43'10"E L6 1 52.00 S89'1 6'50"E L7 309.49 N00'43'10"E L8 52.00 N89'16'50"W L9 20.00 N00'43'10"E L10 100.00 589'16'50"E L11 20.00 S0943'10"W L12 13.00 N89" 16'50'W L13 13.00 S00'43'10"W L14 15.00 N89'16'50"W L15 83.48 S00'43'10"W L16 459.73 S88'30'36"E L17 77.76 S00'32'36"W L18 3.00 589'27'24"E L19 20.00 S00'32'36W L20 23.00 N89'27'24W L21 78.08 NOU32'36"E L22 439.79 N88'30'36"W L23 156.51 S00'43'10"W L24 17.50 S89'16'50"E L25 20.00 S00'43'10"W L26 17.50 N89'16'50"W L27 16.49 S00'43'10'W L28 28.00 S89' 16'50"E L29, 20.00 SOO'43'10'W L30 28.00 N89'1 6'50"W L31 215.54 SOO'43'10"W L32 15.00 S89' 16'50"E L33 20.00 S00'43'10"W L34 15.00 N89'16'50'W L35 11.00 S00'43'10"W L36 28.00 S89' 16'50'E L37 20.00 SOO'4 '10"W L38 28.00 N89'1 -50"W L39 22.41 SOO'43'1O'W L40 18.37 N00'43'10"E L41 52.00 N89'1 6'50'W 150 0 75 150 300 alley Engineering, Inc. SCALE IN FEET CIVIL ENGINEERING I PLANNING ICADD 1472 E. IRON EAGLE DR. TEL 208-938-0013 EAGLE, ID 83616 FAX 208-938-0516 October 12, 2007 MERIDIAN CITY COUNCIL MEETING October 16, 2007 APPLICANT ITEM NO. Jr - REQUEST Water Main Easement Agreement for Lowe's (Overland) by Karcher Crossing AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meddian. AUA UUUNI Y MUNMI)CM J. UAVIU myAnnu 11MU"I uv • BOISE IDAHO 10125107 01:39 DEPUTY Bonnie Oberbillig RECORDED -REQUEST OF 107145937 Meridian City WATER MAIN EASEMENT THIS INDENTURE, made this ,A�l between KARCHER CROSSING LLC, the 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 water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect said pipelines 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 construction, operation, maintenance, repair and replacement of a water main 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 water main and their allied facilities, together with their maintenance, additional connection thereto, 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. ITIS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water main, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However. the 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 described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Water Main Easement Page I NW_L� THE GRANTORS do 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 hereinabove written. GRANTOR: KARCHER CROSSING LLC an Idaho Limited Liability Company BSmith Brighton, LLC, Member n '7 BY:--- '�&� David W. Turnbull, ember STATE OF IDAHO ) ss County of Ada On this - day of 20/ before me, the undersigned, a Notary Public in and for said State, personaYly appeared David W. Turnbull, known or identified to me to be the Member of Smith Brighton, LLC, a member of KARCHER CROSSING LLC, the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my handarjd affixed my official seal the day and year fist above written. % p" U44 'V NO. A P 3LIC FOk'JDAHO' - kY-'' PUBLIC "oma®[[` 0, Residing at: Commission Expi TE Water Main Easement Page 2 0 GRANTEE: CITY OF MERIDIAN By. r— Tammy de Weerd, or Attest by William G. Berg, Cit Clerk APPROVED BY CITY COUNCIL ON STATEOF IDAHO ss County of Ada 0 FWAIM On this day of 0 before me, the undersigned, a Notary Public IL in and for said State, personally appeared TAMMY de WEERD. and WILLIAM G. BERG, JR., known or identified 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 fist above written. NOTARY PUBLIC FOR IDAHO A � Residing at: r' ( c. Commission Expires:_ Irl - L5 of Q2-00, Water Main Easement Page 3 a s o n &. Professional Engineers, Land Surveyors and Planners 314 Badiola St. Caldwell, ID NtanPtcia 133805 Jnr Ph (208) 454-0266 Fax (208) 454-M79 e-mail: dho17hcv0)jn-,eno-.us FOR.: TY1306 JOB NO.: Brighton Corp. (DATE: May 7, 2007 EXHIBIT "A" WATER LINE EASEMENT An easement of mend being a portion of the NE 114 NEI A of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada Country Idaho, more particularly described as follows: Commencing at tie northeast corner of said NEI/4 NEI/4, mono ented with a 3 -inch brass disk.; Thence N. 89° 47' 20" W., a distance of 525.00 feet along the north boundary of said NF -1/4 NEI/4 to a paint; Thence S. 00° 37' 11" W., a distance of 59.87 feet to a point on the southerly right-of-way of W. Overland Road; Thence N. 880 43' 41" W., a distance of 32.86 feet along said southerly rightrof way to the POINT OF i3EGINNING; Thence S 00° 37' 11" W a distance of 280.10 feet to a point; Thence S 890 4712011 E a distance of 8.80 feet to a point; Thence S 00'° 37' 11" W a distance of 20.00 feet to a point; Thence N 89° 4T 20" W a distance of 8.80 feet to a point; Thence S 00° 37' 11" W a distance of 159.74 feet to a point; Thence S 89° 22' 49" E a distance of 20.76 feet to a point; Thence S 00° 3 7' 11 " W a distance of 20.00 feet to a point; Thence N 89° 22'49" W a distance of 20.76 feet to a point; Thence S 00° 37' 11" W a distance of 204.01 feet to a point; Thence N 89' 22'49" W a distance of 20.00 feet to a point; MwSCx & STAPVnum, eqc. Page I of A. T Thence N 00* 37' 11" E a distance of 383.61 feet to a point; Thence N 89° 4720" W a distance of 244.57 feet to a point; Thence S OOP 02'26" E a distance of 49.13 feet to a point; Thence S 89° 57'34" W a distance of 34.00 feet to a point; Thence N 001 02'26" W a distance of 49.28 fejt to a Point; Thence N 89° 47'20" W a distance of 229.68 feet to a point; Thence N 78° 32'2011 W a distance of 74.32 feet to a point; Thence N 890 47120" W a distance of 104.03 feet to a point; Thence S 000 44' OT' W a distance of 364.02 feet to a point; Thence N 891 4720" W a distance of 47.07 feet to a point; Thence N 001 4413011 E a distance of 24.00 feet to a point; Thence S 89° 47'20" E a distance of 4.01 feet to a point; Thence S 00° 12'40" W a distance of 4.00 feet to a point; Thence S 89° 47' 20" E a distance of 23.02 feet to a point; Thence N 00° 44' 07" E a distance of 344.02 feet to a point; Thence N 89° 47'20" W a distance of 27.03 feet to a point; Thence N 00° 44'30" E a distance of 20.00 feet to a point; Thence S 89° 47' 20" E a distance of 27.02 feet to a point; Thence N 000 44' 07" E a distance of 276.87 feet to a point; Thence S 89° 47' 21" E a distance of 20.00 feet to a point; Thence S 000 44107" W a distance of 276.87 feet to a point; Thence S 89° 47' 20" E a distance of 105.82 feet to a point; Thence S 781* 32,20" E a distance of 74.32 feet to a point; Thence S 890 47'20" E a distance of 217.62 feet to a point; Thence N 00° 02'26" W a distance of 8.46 feet to a point; MAWN & SIAN MMD, WG Page 2 of 3 Thence N 89° 57' 34" E a. digmce of 24.00 feet to a point; Thence N 000 02'26" W a distance of 276.87 feet to a point; Thence S 88° 43'41 " E a distance of 20.01 feet to a point; Them S 00° 02' 26" E a distance of 285.06 feet to a point; Thence S 890 4712011 E a distance of 244.80 feet to a point; Thence hi 00° 3 7' 11" E a distance of 280.47 feet to a point; Thence S 88° 4341" E a distance of 20.00 feet to the POINT OF BEGINNING. S'C WECT TO: All existing rights of way and easements of record or implied appearing on the above-described parcel of laud, MAWN&-SrANn D, Svc. Page 3 UID 61+T�NiiN.��4t9L^P lrn��rrrr .FrmzWINroarODO r!r+rrt�ra i: dm {� AS11;lm- .r. z r°1 31 a 8 9 It �i !R! r m rpt $mW`:gM qp � m Zo isI�iAaNdnm'l� Ing V Z`i"CAN �,yrytNy V V♦#V V �„ Cr1t+;f*i�',eirit+ltiC��l�CaC+Cih A+Pi:Oeapd6Ci {{��v jhy (�d QO�A ro �Cr+ttri� City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 10/8/2007 Re: Proposed Agenda Items for 10-16-07 City Council Meeting E 0 C T 0 E 2007 City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 10-16-07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Diamon Point Bldg by Svdnga Properties. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Diamon Point Bldg by Syringa Properties and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for Creamline Park Sub by Ronald Van Auker. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Creamline Park Sub by Ronald Van Auker and authorize the Mayor to sign and City Clerk to attest 3) Water Main Easement for Lowe's (Overand) by Karcher Crossing. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Lowe's (Overand) by Karcher Crossing and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this Lr*ay oK26,6L 20,D_between KARCHER CROSSING LLC, the 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 water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect said pipelines 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 construction, operation, maintenance, repair and replacement of a water main 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 water main and their allied facilities, together with their maintenance, additional connection thereto, 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 construction, making repairs, performing other maintenance or making subsequent connection to the water main, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, the 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 described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Water Main Easement Page 1 THE GRANTORS do 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 hereinabove written. GRANTOR: KARCHER CROSSING LLC an Idaho Limited Liability Company B : Smith Brighton, LLC, Member By: David W. Turnbull, ember STATE OF IDAHO ) ss County of Ada ) On this �� f�day of 20�? before me, the undersigned, a Notary Public in and for said State, persona ly appeared David W. Turnbull, known or identified to me to be the Member of Smith Brighton, LLC, a member of KARCHER CROSSING LLC, the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hancj/ affixed my official seal the day and year fist above written. // i _ / PUBLIC FOR IDAHO Residing at: Commission Expi e /' Y9 v'' Water Main Easement Page 2 GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk APPROVED BY CITY COUNCIL ON: STATE OF IDAHO ) ss County of Ada ) On this day of , 20___, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD, and WILLIAM G. BERG, JR., known or identified 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 fist above written. NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement Page 3 JUN. 5.2007 5:37AM MASO ASSOCIATES 0 NO.860 P.S a s o nf Professional Engineers, Land Surveyors and Planners tan f�+314 Badlola St. Caldwell, ID 83605 71 l itv , f lrc. Ph (208) 464-0256 Fax (208) 454-0979 e-mail: dhof2hcv(c =iiR.us FOR JY130+6 JOS NO.; Brighton Corp. DATE: May 7, 2007 EXHIBIT "A" WATER LINE EASEMENT An easement of land being a portion of the NEI/4 NE1/4 of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County Idaho, more particularly described as follows: Commencing at the northeast corner of said NEI/4 NE1/4, monumented with a 3 -inch brass disk; Thence N. 890 47' 20" W., a distance of 525.00 feet along the north boundary of said NEI/4 NEI/4 to a point; Thence S. 000 37' 11" W., a distance of 59.87 feet to a point on the southerly right-of-way of W. Overland Road;- Thence oad;Thence N. 981143' 41" W., a distance of 32.86 feet along said southerly risk -of -way to the POINT OF BEGINNING; Thence S 00' 37' 11" W a distance of 280.10 feet to a point; Thence S 89° 4T 20" E a distance of 8.80 fest to a point; Thence S 001 37' 11 " W a distance of 20.00 feet to a point; Thence N 890 47' 20" W a distance of 8.80 feet to a point; Thence S 00° 37' 11" W a distance of 159.74 feet to a point; Thence S 891) 22'49" E a distance of 20.76 feet to a point; Thence S 000 37' 11" W a distance of 20.00 feet to a point; Thence N 89" 22'49" W a distance of 20.76 feet to a point; Thence S 00113T 11" W a distance of 204.01 feet to a point; Thence N 89° 22'49" W a distance of 20.00 feet to a point; MASH & SrAMMUM, INC. &MVZYOWA xNal n & PL&VX JI9 Page 1 of3 JUN. 5.2007 9:37AM MASO ASSOCIATES . NO.860 P.6 Thence N 00° 37' 11" E a distance of 383.61 feet to a point; Thence N 890 4712011 W a distance of 244.57 feet to a point; Thence S 00° 02' 26" E a distance of 49.13 feet to a point; Thence S 890 57' 34" W a distance of 34.00 feet to a point; Thence N 000 02126n W a distance of 49.28 feet to a point; Thence N 89° 47'20" W a distance of 229.68 feet to a point Thence N 78° 3212W' W a distance of 74.32 feet to a point Thence N 89° 47'20" W a distance of 104.03 feet to a point; Thence S 000 44' 07" W a distance of 364.02 feet to a point; Thence N 891 47'20" W a distance of 47.07 feet to a point; Thence N 0011 44130" E a distance of 24.00 feet to a point; Thence S 89' 47'20" E a distance of 4.01 feet to a point; Thence S 00° 12'40" W a distance of 4.00 feet to a point; Thence S 890 4T 20" R a distance of 23.02 feet to a point; Thence N 00° 44' 07" E a distance of 344.02 feet to a point; Thence N 99° 4T 20" W a distance of 27.03 feet to a point; Thence N 00° 44'3011 E a distance of 20.00 feet to a point; Thence S 89° 47'20" E a distance of 27.02 feet to a point Thence N 000 44107" E a distance of 276.87 feet to a point; Thence S 890 47121" E a distance of 20.00 fest to a point; Thence S 00' 44'07" W a distance of 276.87 feet to a point; Thence S 890 47' 20" E a distance of 105.82 feet to a point; Thence S 79132'20" E a distance of 74.32 feet to a point; Thence S 891 4T 20" E a distance of 217.62 feet to a point; Thence N 00° 02'26" W a distance of 8.46 feet to a point; kmox & Sx"mD, nuc. &MVZMRS, ENG/AEERS do PraNNeAs Page 2 00 JUH. 5.2077 13:37RM MAS0 ASSOCIATES 0 NO.860 P.7 Thence N 89" 57' 34" E a distance of 24.00 feet to a point; Thence N 000 02'26" W a distance of 276.87 feet to a point; Thence S 88° 4341" E a distance of 20.01 feet to a point; Thence S 00° 02'26" E a distance of 285.06 feet to a point; Thence S 89° 4720" E a distance of 244.80 feet to a point; Thence N 001, 37' 1 V E a distance of 280.47 feet to a point; Thence S 88° 43'41" E a distance of 20.00 feet to the POINT OF BEGINNING. SU ECT TO: All wdstiag rights of way and easements of record or implied appearing on the above-described parcel of land. MASON&STi►NF MUING SCJ M?ft%E1vGI1v Mu&Pl.1M=S Page 3 0r3 JUN. 5.2007 9:37AM MASO ASSOCIATES r NO. 860 P.E m x a: W rr rrrr w r9 �Do ro aW�bbvpp� ro �..���I roa' �0IS.1��Ovia880 ++ (aYa1�P rororo oP�PimDol-mM 3o w Qm� m W ,TQC ulvV�1�+V'1CV�rpa. �5 W oNgbY'�ro04 •iN"i�':�@r�1� Icy �� Gl Vy njam, tm �2ncc�3c z4�[r�'.C��cc 0 0 October 12, 2007 MERIDIAN CITY COUNCIL MEETING October 16, 2007 APPLICANT ITEM NO. S - REQUEST Renewal and Amendment of Patio Lease at Generations Plaza AGENCY COMMENTS CITY CLERK: See attached Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented of public meetings shall become properly of the City of Meridian. CITY OF MERIDIAN BY THE CITY COUNCIL: • RESOLUTION NO. L9 15— BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION APPROVING A LEASE AGREEMENT RENEWAL AND AMENDMENT BETWEEN THE CITY OF MERIDIAN (LESSOR) AND GENERATIONS BUILDING, LLC (LESSEE) FOR THE PATIO AT GENERATIONS PLAZA ON REAL PROPERTY OWNED BY THE CITY OF MERIDIAN APPROXIMATELY 18 FEET WIDE BY 62.5 FEET LONG SITUATED IN THE SOUTHEAST CORNER OF LOT 3, BLOCK 5 OF THE AMENDED PLAT OF THE TOWNSITE OF MERIDIAN, ADA COUNTY, IDAHO TO BE USED AS A RESTAURANT PATIO; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian owns real property located at the northeast corner of East Idaho Avenue and North Main Street, legally described as Lot 3, Block 5 of the amended plat of the Townsite of Meridian, Ada County, Idaho, commonly referred to as Generations Plaza; and, WHEREAS, pursuant to Idaho Code 50-1407, a municipal corporation may, by resolution, authorize the lease of any real property not otherwise needed for city purposes, upon such terms as the City Council determines may be just and equitable; and, WHEREAS, a portion of Generations Plaza has been under lease to the owner of the adjacent Generations Building since October 17, 2000 for purposes of providing an outdoor dining patio for the restaurant space located in the Generations Building; and, WHEREAS, the Lessee desires to renew and amend the Lease Agreement according to the terms set forth therein; and, WHEREAS, the City of Meridian has no immediate plans to develop the site where the patio is currently located. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the following real property is not needed for City purposes: The patio area described in the amended lease agreement between the City of Meridian RESOLUTION APPROVING GENERATIONS PLAZA PATIO LEASE Page 1 of 2 • E (Lessor) and Generations Building, LLC (Lessee), a copy of which is attached hereto and incorporated herein by reference. Section 2. That the terms of the amended lease agreement are just and equitable, and the same is hereby approved as to both form and content. Section 3. That the Mayor and City Clerk be, and they hereby are, authorized to respectively execute and attest said Lease Agreement for and on behalf of the City of 904704M Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho this �V day of h -e 1-- 92007. APPROVED by the Mayor of the City of Meridian, Idaho, this day of OG� lJx--%- .2007. APPROVED: !AY9IR, .; DE WEERD ATTEST: BEAL WI LIAM G. BERG, JR., CRY C �/El RESOLUTION APPROVING GENERATIONS PLAZA PATIO LEASE Page 2 of 2 Renewal and Amendment of Lease for Generations Plaza Patio THIS AGREEMENT is made and entered into this lCday of October, 2007 by and between the City of Meridian, 33 E. Idaho, Meridian Idaho, 83642, a municipal corporation of the State of Idaho ("Lessor"), and Generations Building LLC, g10 Main Street, Suite 358, Boise, Idaho, 83702 ("Lessee"), an Idaho Limited Liability Company. WITNESSETH: WHEREAS, Lessor and Lessee have entered into a Generations Plaza lease agreement dated October 17, 2000, in which the Lessor, among other provisions granted to the Lessee certain premises commonly referred to as the "patio" located at Generations Plaza in downtown Meridian to be occupied and used for the purposes stated therein; and, WHEREAS, the October 17, 2000 lease agreement contained an option to renew the lease after the expiration of the initial five year term on September 30, 2006; and, WHEREAS, the Lessee did exercise the option to renew in a timely manner and Lessor has continued to allow Lessee to rent the patio space under the terms of the October 17, 2000 lease agreement; and, WHEREAS, Lessee has agreed to pay the October 1, 2006 annual rent payment in the amount of $2,553.00 upon receipt of an invoice from Lessor; and, Renewal and Amendment of Lease for Generations Plaza Patio — page 1 of 8 0 • WHEREAS, in consideration of the $loo paid by Lessee on August 15, 2006 to secure the option to renew the agreement, Lessor agrees to renew and amend the agreement as set forth herein; and, WHEREAS, The parties agree that the October 17, 2000 agreement shall be incorporated, and shall be considered to be incorporated in this agreement by this reference except insofar and only insofar as the terms, conditions and provisions are replaced, modified, changed or amended by the further provisions of this Agreement; and, WHEREAS, Lessor and Lessee further agree that the sole modifications of, changes in, and amendments to the terms, conditions and provisions of the agreement, dated October 17, 2000, which are made in it and which shall be applicable to all renewals and extensions of the agreement made and provided for in it, consist of the following: A. TERM, BASE ANNUAL RENT, AND ANNUAL RENT INCREASE: The terms and conditions pertaining to annual rent payments found at Section #1 appearing in the agreement on page 2, shall be replaced, modified, changed and amended to read as follows: The term of the renewed lease Agreement shall be deemed to have commenced on October 1, 2007 for a term of five (5) years terminating on September 30, 2012. The 2007 annual base rent amount of $2,665.00 was due as of October 1, 2007 and is payable on or before December 1, 2007. Renewal and Amendment of Lease for Generations Plaza Patio — page 2 of 8 0 0 The annual base rent shall be adjusted annually to offset any increases in costs and expenses over the previous year. Beginning with the annual rent payment due on October 1, 2oo8, and on each year thereafter on the same date during the five (5) year renewal term, the annual rent shall be increased by the greater of (a) three percent (3%) of the annual rent in effect for the preceding year or (b) an amount equal to the increase determined by the most current Consumer Price Index for all Urban Consumers, All Items, published by the United States Department of Labor, Bureau of Statistics ("Index"). Said adjustment shall not be less than the rent paid during the immediately preceding period. If the Index is discontinued or revised during the term or, if for any reason the Index statistics are not available, the adjustment in the rent shall be computed by reference to whatever statistics are at the time available most nearly resembling the statistics reflected in the Index. B. OPTION TO RENEW: The terms and conditions pertaining to the option to renew and consideration appearing in the agreement as Section #2 on page 2 shall be replaced, modified, changed and amended to read as follows: Provided that this Agreement shall be in full force and effect and that the Lessee shall not be in default hereunder, the Lessor hereby grants to Lessee an exclusive option to renew this lease for two (2) successive additional five (5) year terms, the first commencing on October 1, 2012, and extending through September 30, 2017 and the second commencing on October 1, 2017, and extending through September 30, 2022. The renewal terms shall be upon the same terms and conditions contained in this Agreement, save and excepting rent. Renewal and Amendment of Lease for Generations Plaza Patio — page 3 of 8 0 0 The rental for each renewal period shall be negotiated by Lessor and Lessee; provided, however, that in the absence of agreement, the annual rent for the renewal period will be set by three arbitrators, one chosen by Lessor, one chosen by Lessee, and those two arbitrators choosing a third. The parties agree that the annual rental for any renewal period set by a majority of these three (3) arbitrators will be binding on Lessor and Lessee, will constitute the annual rental for the renewal period, and will be payable by Lessee to Lessor on October 1 of each year during the renewal period. Should Lessee desire to exercise any option to renew provided for herein, Lessee shall notify Lessor in writing no later than midnight on August 15 during the last year of the current lease term and pay Lessor the sum of $1oo.00 as the consideration for the option to renew. In the event of Lessee's failure to notify Lessor of its intent to renew in the time and manner specified and pay the consideration, the option to renew, and any subsequent options to renew shall be null and void. C. USE OF PREMISES. The terms and conditions pertaining to the use of the premises found at Section #3 appearing in the agreement on page 3, shall be replaced, modified, changed and amended to read as follows: Lessee covenants and agrees that the leased premises shall be used solely as a patio immediately adjacent to real property where Lessee maintains a building which houses a restaurant on the ground floor. The patio and entrance area shall be used ancillary to the restaurant for the furnishing of space for restaurant patrons to consume food and beverage. Provided that this Agreement is in full force and effect, the leased premises shall not be considered to be a part of the Lessor's adjacent Generations Plaza Renewal and Amendment of Lease for Generations Plaza Patio — page 4 of 8 0 public park and shall not be considered to be a part of the park and shall not be subject to any rules, regulations, or ordinances pertaining to public parks unless specifically provided in this Agreement. Amplified background and amplified live music shall be allowed on the premises provided that such amplified music is in compliance with any applicable noise ordinance and provided that such amplified music does not interfere with any uses of the adjacent Generations Plaza public park. Lessee further agrees to restrict patron usage of the patio area to the hours of 10:00 a.m. through 12:00 midnight. No signage shall be allowed on the leased premises nor shall signage be allowed on the adjacent Generations Plaza public park. Further, no advertising or promotional materials for alcohol or tobacco products, including "brand" items shall be allowed on the leased premises. D. ALTERATIONS AND IMPROVEMENTS: The terms and conditions pertaining to Alterations and Improvements found at Section #5 appearing in the agreement on page 4, shall be replaced, modified, changed and amended to read as follows: Lessee shall be entitled to make modifications and improvements to the existing patio, including awnings, enclosures, and extensions of the patio, only if such modifications and improvements are approved in writing, in advance by Lessor. In the event that the patio is extended to the north, the annual rent shall be adjusted on a pro - rata additional square foot basis on mutually agreed-upon terms and conditions to be memorialized in a written addendum to this Agreement. Approval by Lessor shall not be given without the concurrence of the Parks Director and the Planning Director. The Renewal and Amendment of Lease for Generations Plaza Patio — page 5 of 8 0 • Parks Director's review shall be based on issues related to compatibility with the adjacent Generations Plaza public park. The Planning Director's review shall be based on approval of a certificate of zoning compliance that considers all applicable city rules, regulations, and guidelines, including the Meridian Downtown Design Guidelines and any other applicable design review criteria. Lessee shall also be required to secure any required building permits. Lessee agrees that upon the termination of this Lease, any and all improvements designated for removal by Lessor shall be removed by Lessee at Lessee's own cost, provided, however, that any damage which might be occasioned by the removal thereof shall be repaired at Lessee's expense. Such damage occasioned by the removal of designated improvements shall include the cost of restoring the leased premises for use as a public park, including reimbursement by Lessee of any costs incurred by Lessor for installing landscaping on the leased premises, including the following: Excavation, topsoil, concrete edging, irrigation systems, planting material, planter bed preparation, and mulch. All other improvements as shall have been added or made by Lessee which Lessor does not designate for removal shall revert to Lessor and become a part of the leased premises. E. ASSIGNMENT OR SUBLETTING: The terms and conditions pertaining to assignment or subletting found at Section #8 appearing in the agreement on page 5, shall be modified, changed and amended to read as follows: Replace all references to "Smoky Mountain Pizza & Pasta, Meridian, LLC" with "Andrew's Rib Shack Meridian, LLC" Renewal and Amendment of Lease for Generations Plaza Patio — page 6 of 8 0 0 F. GOVERNING TERMS AND CONDITIONS: Lessor and Lessee agree that, except solely as replaced, changed, modified, or amended above, the terms, conditions, and provisions of the agreement dated October 17, 2000 shall apply to, and shall govern, this amendment of the agreement, and any and all further renewals or extensions of it. IN WITNESS WHEREOF, the Lessor and Lessee do execute this Agreement the day and year first above written. Attest: William G. Berg, Jr., City CITY OF MERIDIAN LESSOR f� By: / Mayor T my de Weerd OVAL - r991 JP GENERATIONS BUILD—JNQj LLC Renewal and Amendment of Lease for Generations Plaza Patio — page 7 of 8 i STATE OF IDAHO, ) : ss County of Ada, ) • On this �= day of 0 c.+6b, ✓ , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared . 6CX- r k..% , known or identified to me to be the r-,tio`& f'6s of benerations Building, LLC, who executed the instrument and acknowle ged to me that they executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. STATE OF IDAHO ) : ss County of Ada ) Notary Public -for Idaho Residing at: 6V 1 - My Commission Expires: 3 -r� 3 -10 On this ILoo' day of 001 2007, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and City 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. 40 ��ps gyp. (SEAL) ••'��'=''p Teq'; ``�'� Notary Public or Idaho Residing at: - L=k IT U, 10 Commission expires: 10-11-11 Renewal and Amendment of Lease for Generations Plaza Patio — page 8 of 8 L LEASE With Option to Renew LJ THIS AGREEMENT is made and entered into this 7 day of 007,C 74V� PY 2000, by and between THE CITY OF MERIDIAN, ss E. Idaho, Meridian, ID m42, hereinafter referred to as the "Lessor," and GENERATIONS BUILDING, LLC, an Idaho Limited Liability Company, 910 Main Street, Suite 240, Boise, ID 83702, hereinafter referred to as the "Lessee." WITNESSETH: WHEREAS, Lessor owns a parcel of unimproved real property immediately adjacent to real property where Lessee is constructing a brand new building which will house a restaurant on the ground floor; and WHEREAS, Lessbr, as one of its goals, has determined that revitalization of downtown Meridian is in the best interests of its citizens; and WHEREAS, in furtherance of Lessor's goal of revitalizing the older portion of Meridian, it is necessary to draw people and interest to the downtown corridor; and WHEREAS, Lessee will construct and maintain a patio and landscaping which will match and correspond well with the Lessor's improvements to its Generations PIaza; and entered into. WHEREAS, it is in the best interests of Lessor and its citizens that this Lease be NOW, THEREFORE, based upon the mutual covenants contained herein, the parties agree as follows: That the said Lessor, for and in consideration of the rents, covenants and agreements hereinafter mentioned on the part and behalf of the said Lessee to be paid, kept and LEASE With Option to Renew - 1 • 0 performed, does by these presents grant, demise and lease unto the said Lessee, and the said Lessee does by these presents hire, rent and take from the said Lessor, that certain unimproved real Property and premises described as follows, to wit. An area is feet wide by 62.5 feet long located in the Southeast corner of Lot s, Block 5, of the Amended Plat of the Townsite of Meridian, Ada County, Idaho. TO HAVE AND TO HOLD said premises, together with the appurtenances, privileges, rights and easements thereto belonging, unto the said Lessee for the term offive years, ten months, said term to continence on December i, 2oo0, and terminate on September so, 2006, for the rental and upon the terms and conditions as follows: as follows: 1. RENTAL: Lessee covenants and agrees to pay annual rent for thepremises � $1822.50 on 6 2669 on totter l r Oft and ,/$Z�6�4�ori:;October��].�00.5-.�• ����.��p� 2. OPTION TO RENEW AND CONSIDERATION: Provided that this Lease shall be in full force and effect and that the Lessee shall not be in default hereunder, the Lessor hereby grants to Lessee an exclusive option to renew this Lease for an additional five (5) year term certain commencing October 1, 2006, and extending through September s0, 2011, upon the same terms and conditions contained in this Lease, save and excepting rens. The rental for the renewal period shall be negotiated by Lessor and Lessee; provided, however, that in the absence of agreement, the annual rent for the renewal period will be set by three (s) arbitrators, one chosen by Lessor, one chosen by Lessee, and those two choosing a third. The parties agree LEASE With Option to Renew - 2 ® 0 that the annual rental set by a majority of these three (3) arbitrators will be binding on Lessor and Lessee, will constitute the annual rental for the renewal period, and will be payable by Lessee to Lessor on October 1 of each year commencing October 1, 8006. Should Lessee desire to exercise this option to renew this Lease Agreement, Lessee shall (1) notify Lessor in writing no later than midnight August 15, 2006, of its intention to exercise the option to renew and (2) pay Lessor the sum of $100.00 as the consideration for the option to renew no later than midnight August 15, 2006. In the event ofLessee's failure to notify Lessor in the time and in the manner specified and pay the consideration for the option, this option shall be null and void. In the event that Lessee does not exercise the option as herein provided, then Lessor shall have the right to place signs upon said leased premises indicating the same are available for lease or sale and Lessor shall have the right during the remaining period of the Lease Agreement to show the leased premises to prospective lessees or purchasers. S. USE OF PREMISES: Lessee covenants and agrees that the leased premises shall be used solely for the construction of a patio immediately adjacent to real property where Lessee is constructing a building which will house a restaurant on the ground floor, entrance area, and associated landscaping for use in connection with the building that is to be built immediately east of the leased premises. The patio and entrance area, once constructed, shall be used ancillary to the restaurant which will be housed in the adjacent building and for the furnishing of space for restaurant patrons to consume food and beverage. No amplified Iive music shall be allowed on the premises. Amplified background music, which is the same as any background music which may be supplied inside the restaurant building will be allowed, provided, however, that such background music must be low in volume and must not interfere with any uses of the adjacent city park LEASE With Option to Renew - 3 0 • Lessee further agrees to restrict patron usage of the patio area to the hours of 14:00 am. through 12:00 midnight. No signage will be allowed on the patio. Further, no alcohol or tobacco advertising, including "brand" items on the patio will be allowed. 4. MAINTENANCE: Lessee agrees to maintain the demised property in as good condition as the same are in at the time Lessee shall take possession of the demised premises, reasonable wear, tear and damage by the elements excepted. In exchange for use of the parking lot by the public, the Lessee agrees to maintain the parking lot and keep it in as good a condition as it now is, reasonable wear and tear excepted during the remainder of the term of this lease. Lessee shall be responsible for annual maintenance and repair, including striping and sealing during each year of this lease. 5. ALTERATIONS AND IMPROVEMENTS: Lessee shall be entitled to construct on the leased premises a patio and Iandscaping approved by the Lessor as contained in the drawing dated August 14, 2000, from The Land Group, Inc., which is attached to this Lease as Exhibit "1" and, by this reference, incorporated herein. Lessee shall be required to erect a non- combustible, non -site -obscuring fence around the patio area. Any gates in the fence must be approved in advance by the Director of Parks and Recreation for Lessor. Lessee shall reimburse Lessor for any costs incurred by Lessor for installing landscaping on the Lessee's premises, and such landscaping shall include the following: 1. Excavation; b. Top soil, C. Concrete edging 5. Irrigation system; 6. Planting material; and 7. Planter bed preparation and mulch. Lessee agrees that upon the termination of this Lease, such improvements designated for removal by Lessor shall be removed by Lessee at Lessee's own cost, provided, LEASE With Option to Renew - 4 0 • however, that any damage which might be occasioned by the removal thereof will be repaired at Lessee's expense. All other improvements as shall have been added or made by Lessee which Lessor does not designate for removal shall revert to Lessor and become a part of the leased premises. 6. WATER: Lessor agrees to supply the water for the irrigation of the landscaping on the leased premises. 7. COMPLIANCE WITH LAW: Lessee agrees to comply with all municipal, state and federal laws, rules, regulations and ordinances and to do all things necessary to stay in compliance with the same. s. ASSIGNMENT OR SUBLEASING: Lessee shall be allowed to sublet the leased premises to Smoky Mountain Pizza & Pasta, Meridian; LLC, but such assignment or sublease shall not relieve Lessee of its primary liability under this Lease, and no other assignment or sublease shall be allowed without the Lessor's consent, which consent shall be discretionary as to the Lessor. In the event Smoky Mountain Pizza & Pasta, Meridian, LLC vacates the premises during the term of this Lease or any extension hereof and Lessee does not replace its tenant or in the event Lessor does not consent to a replacement tenant, then this Lease shall terminate and all rents theretofore paid by Lessee shall be retained by Lessor and Lessee shall not be entitled to any refund for prepaid rent. 9. NONDISCPJWHNATION: Lessee will not, on the grounds ofrace, color, religion, sex, age, or national origin, discriminate or permit discrimination as to any person or group ofpersons in any manner. Non-compliance with this provision shall constitute a breach of this Lease, and in such event, Lessor may take the appropriate action to enforce compliance, terminate this Lease, or seek judicial enforcement. LEASE With Option to Renew -.5 • io. AUTOMATIC CANCELLATION: It is understood and agreed that voluntary or involuntary filing of bankruptcy, or assignment for the benefit of creditors, or. any other act of insolvency by or on behalf of the Lessee shall automatically cancel this Lease, and Lessor shall be entitled to immediate possession of the leased premises. i i. DAMAGE OR DESTRUCTION: If the leased premises shall be damaged by fire, the elements, explosions or other causes, Lessee will, at Lessee's own proper cost and expense, cause the same to be repaired and restored to the same condition as before such damage was done, subject to delays due to adjustment of insurance claims, strikes and other causes beyond Lessee's control or, in the alternative, Lessor shall cause such repair to be made and Lessee shall reimburse Lessor therefor from insurance proceeds received by Lessee. If the demised premises shall be so damaged as to be unfit in whole or in part for occupancy or use in the manner and form as theretofore used, Lessee shall cause the same to be promptly restored, repaired and rebuilt to the extent of Lessee's obligations for maintenance under the terms of this Lease. 12. FIRE LIZARDS: The Lessee shall not do anything in the premises or bring or keep anything therein which will increase the risk of fire, or which will conflict with the regulations of the fire department or any fire Iaws, or with any fire insurance policies on the buildings, or with any rules or ordinances established by the board of health, or with any municipal, state or federal laws, ordinances or regulations. is. LABOR CONTRACTS AND EMPLOYEES: The parties hereto expressly covenant and agree that all labor contracts and employment agreements with employees shall be made directly with Lessee and that all such employees shall be deemed solely the employees of Lessee and in no way employees of Lessor. Lessee covenants and agrees to indemnify and hold LEASE With Option to Renew - 6 harmless Lessor ofand from any liability for any acts ofemployees ofLessee or any acts ofpersons working for Lessee under a labor contract. 14 RIGHT OF INSPECTION: Lessor shall have the right to enter the demised premises at any reasonable time to examine the same and to determine the state of repair or alterations which shall or may be necessary for the safety and preservation of the premises. 15. WASTE PROHIBITED: Lessee shall not commit any waste or damage to the premises hereby leased nor permit any waste or damage to be done thereto. On a daily basis, Lessee will insure that the leased premises is kept clean and free of debris and litter. Lessee will allow the Lessor to dispose ofsix (6) bags oflitter per week, in Lessee's dumpster, in exchange for access across Lessor's property for solid waste disposal service. Lessee will be responsible to keep the dumpster area clean and in an orderly fashion. 16. LIABILITY: Lessor shall not be liable for any injury or damage which may be sustained by any person or property of the Lessee or any other person or persons resulting from the condition of said premises or any part thereog or from the street or subsurface, or from any other source or cause whatsoever, nor shall the Lessor be liable for any defect in the building and structures on said demised premises, latent or otherwise, and Lessee agrees to indemnify and hold harmless Lessor from such liability. 17. LIABILITY INSURANCE: Lessee shall maintain a comprehensive liability insurance policy covering the above -demised premises during the term of this Lease with a responsible insurance company, all at the sole cost and expense ofLessee, in .the names and for the benefit of Lessee and Lessor in the sum of $1,000,000.00 single -limit coverage. Lessee shall furnish Lessor with a certificate of such liability insurance stating that said insurance is in full force and effect during the term of this Lease or any extension thereof. LEASE With Option to Renew - 7 18. FIRE AND EXTENDED COVERAGE INSURANCE: Lessee shall be obligated to maintain fire and extended coverage on the leased premises for the full insurable value thereof and Lessee shall name Lessor as an additional insured thereon. Lessee shall finrnishLessor with a certificate of such insurance coverage at least annually. Lessee may maintain fire and extended coverage on the contents and personal property ofLessee located on or within the leased premises as Lessee desires, but Lessor shall be under no obligation to maintain any fire or extended coverage insurance on those contents or personal property of Lessee. 19. CONDEMNATION: If the entire premises, or a substantial part thereof, are condemned or taken by purchase in lieu thereof, then this Lease shall terminate as of the time possession is taken. Any condemnation award shall be divided between the parties hereto in accordance with and in proportion to their respective Lessor and Lessee interests. 2o. SURRENDER OFPOSSESSION: Lessee agrees to surrender possession of said leased premises to Lessor at the expiration of this Agreement, or any extension thereof, in the same condition as when the same were entered into by Lessee, wear and tear, reasonable use and occupancy and damage by the elements excepted 21. DEFAULT AND FORFEITURE: Time and the strict and faithful performance of each and every one of the conditions of this Agreement is expressly made the essence of this Agreement. If Lessee fails to make any payment, or fails to perform any other obligation imposed by this Lease Agreement, this shall constitute a default hereunder, and if Lessee shall fail to cure that default within thirty (30) days after Lessor has served notice upon Lessee of said default indicating the manner in which Lessee is in default, Lessor, immediately, and without further notice or demand upon Lessee, shall have any or all of the following rights and options: LEASE With Option to Renew - 8 0 (a) To specifically enforce this Lease Agreement by suit in equity; (b) to declare this Lease Agreement null and void, forfeited and terminated, as of the date of the breach, and to retain, as liquidated damages and reasonable rental, all payments theretofore made and all improvements placed upon the premises, and to enter and repossess said premises; (c) to mitigate Lessor's damages occasioned by Lessee's default by retaking possession of the leased property and reletting same, or any portion thereof, to other lessees, and, upon that occurrence, Lessee shall receive a credit against the rental due by Lessee under this Lease Agreement in the amount of rental received by Lessor from reletting the leased property, or any portion thereof, to other lessees. Lessee shall, however, remain obligated to Lessor, pursuant to the terms of this Lease Agreement, for the difference between the rental received by Lessor from reletting the leased property, or any portion thereof, to other lessees and the amount of rent due actually due pursuant to the terms of this Lease Agreement by Lessee. If Lessee shall fail to surrender possession of the demised leased property to Lessor, upon demand by Lessor, the Lessee shall be deemed guilty of an unlawful and forcible detention of said leased property. If Lessee shall abandon or vacate said leased property, or if this Lease Agreement be terminated for breach of any of the covenants and agreements herein contained, Lessee hereby agrees to pay all reasonable expenses incurred by Lessor in obtaining possession of said leased property from Lessee, including reasonable Iegal expenses and attorney's fees, and to pay such other expenses as the Lessor may incur in putting the leased property in good order and condition as herein provided, and also to pay all other reasonable and necessary expenses or commissions paid by Lessor in re-leasing the leased property. In the event of notification of default by Lessor to Lessee and Lessee does in fact cure such default, then and in that event Lessee LEASE With Option to Renew - 9 shall pay, in addition to all arrearages as existing under the notice of default, the reasonable attorneys fees incurred by Lessor in determination of the default and the notification to the defaulting Lessee. The foregoing rights and remedies are not intended to be exclusive, and all parties shall have any and all other remedies permitted in law or equity. The rights and remedies of the parties are not intended to be mutually exclusive except to such extent that they are inherently and necessarily contradictory, and it is intended that all permissible remedies and rights may be exercised concurrently or successively, or both. 22. HAZARDOUS SUBSTANCES: Lessee represents and warrants that the premises will never be used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any hazardous substances as those terms are defined by applicable Federal or State laws and regulations. Lessee agrees to indemnify and hold harmless Lessor against any and all claims and losses resulting from a breach of this provision of this agreement. This obligation to indemnify shall survive the payment of the indebtedness and the satisfaction of this agreement. 23. TERMINATION: Notwithstanding the foregoing, this Lease shall terminate in the event the improvements to the leased premises as contemplated by this Lease have not been completed by Lessee by June 1, 2001, and in that event, all rents theretofore paid by Lessee shall be retained by Lessor and Lessee shall not be entitled to any refund for prepaid rent. 24. ATTORNEY'S FEES: In the event an action is brought to enforce any of the terms or provisions of this Lease, or enforce forfeiture thereof for default thereof by either of the parties hereto, the successful party to such action or collection shall be entitled to recover from LEASE With Option to Renew - 10 • 0 the losing party a reasonable attorney's fee, together with such other costs as may be authorized by law. In case suit shall be brought for an unlawful detainer of the said premises for the recovery of any rent due under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of Lessee to be kept or performed, Lessee shall pay to Lessor all costs, expenses and attorney's fees which shall be incurred by Lessor in enforcing the covenants and agreements of this Lease Agreement. 25. NOTICES: All notices required to be given to each of the parties hereto under the terms ofthis Agreement shall be given by depositing a copy ofsuch notice in the United States snail, postage prepaid and registered or certified, return receipt requested, to the respective parties as their respective addresses as set forth in the beginning of this Lease Agreement,. or to such other address as may be designated by writing delivered to the other party. All notices given by certified mail shall be deemed completed as of the date of mafiing except as otherwise expressly provided herein. 26. * REPRESENTATIONS: It is understood and agreed by and between the parties hereto that there are no verbal promises, implied promises, agreements, stipulations, representations or warranties of any character excepting those set forth in this Agreement. 27. BINDING EFFECT: The provisions and stipulations hereof shall inure to the benefit of and bind the heirs, executors, administrators, assigns and successors in interest of the respective parties hereto. 28. RECORDING: The parties hereto agree that they will not record a copy of this Agreement, Lessee's occupancy of said premises being notice of Lessee's interest therein, and LEASE With Option to Renew - I I the recording of said Lease by Lessee shall, at the option ofLessor, constitute a default in the terms and conditions hereof. 29. SITUS: This Lease is established and accepted by the Lessee under the laws of the. State of Idaho, and all questions concerning its validity, construction and administration shall be determined under such laws. 30. HEADINGS: The bolded paragraph headings are for convenience only and are not a part of this Lease agreement and shall not be used in interpreting or construing this Lease agreement. 31. SEVERABILITY: If any portion or portions of this Lease shall be, for any reason, invalid or unenforceable, the remaining portion or portions shall nevertheless be valid, enforceable and carried into effect, unless to do so would clearly violate the present legal and valid intentions of the parties hereto. IN WITNESS WHEREOF, the Lessor and Lessee do execute this Lease Agreement the day and year first above written. ATTEST: William G. Berg, Jr., RESOLUTION NO. LEASE With Option to Renew - l a THE CITY OF MERIDIAN LESSO a Robert D. Corrie 0'��t111dtH f tllJlJ{s' r =� SUAL ,90���'T ts1, Quo L1 ATTEST: RESOLUTION NO. STATE OF IDAHO,) ss: County of Ada, BUHMING, LLC On this ` -1 *13- day of N0V"—&W, 2000, before me, a NotaryPublic, personally appeared Robert D. Corrie and William G. Berg, Jr., known or identified to me to be the Mayor and the City Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. • �.0 T :i► • (SEAL)rm ••q+' OFIDr"'• v STATE OF IDAHO,) . ss: County of Ada, ) Notary Idaho Commission Expires: On this � day of YZ4m z°sz , 8000, before me, a Notary Public, personally appeared "jj and known or identified to me to be A— and . respectively, of Generations Building, LLC, who executed the instrument or the persons that executed the instrument on behalf of said Generations Building, LLC, and acknowledged to me that such Generations Building, LLC executed the same. Ove �N% gyp. � �� }OK Y * ' otary Public for Idaho Commission Expires:_ 11-02.-D PUS 'o LEAs d'T�••.�. .*� With Ont16a.1#+►V'� is 0 ja/ZAWork\M\Meridian 15360M\atewardanegbenoidense frm LEASE With Option to Renew — 14 • Fol 9 K 9 Meridian City Council October 9, 2007 Page 39 of 45 Overton: If I can add one last comment to that. Borton: You bet. Overton: I have worked here just long enough to remember that we had a cash per diem system in this city for several years and we went away from it and we missed it the day after we went away from it, because this system with having to make sure — I have lost I don't know how many receipts over the years I have lost and if you lose them you're out. Nary: Right. Borton: Okay. Overton: Because, generally, its hard to get them back. And I have been on a trip to D.C. and I have wanted to eat at the hot dog vender on the street and he's not going to give me a receipt and so I'm not eating there. Borton: Good point. Overton: Because you're restricted on what you can do. So, the cash per diem system was a far easier one for accounting and far easier for the employees when we had it before. Item 10: Discussion of Renewal and Amendment of Patio Lease at Generations Plaza: (10 min.) Borton: Okay. That's a good point. Item No. 10 quickly. Moving on. The renewal and amendment of the patio lease at Generations Plaza across the way. Nary: Yeah. You should have this on your packets as well. Mr. Baird from my office just talked to Mr. Benoit. Some of you may not have known. We actually own the ground the plaza — or the plaza is where the patio is for the building immediately adjacent. It used the be the 43 Degrees Restaurant. The new restaurant is supposed to open here shortly. So, we needed to get the lease back in play. It hadn't been used for awhile, so Mr. Benoit is going to make up the payment for last year that he didn't make. We had a percentage increase in there annually previously, which expired in 2005. 1 think this time the proposal is three percent, rather than four percent is what they are asking for. They wanted to be able to extend the patio at some point. We wanted to be sure that it would meet both design review guidelines from the planning department when they did that, that they also have increased the rent, because of the additional square footage that they would be able to use in that location. We have to do this at a regular meeting, but Mr. Baird wanted to have it on the agenda tonight so that you would have an opportunity to look at it in advance of it being on next week's agenda. So, if you have any other questions for it — I don't want to take anymore time with it, but if you have any questions Merldian City Council • October 9, 2007 Page 40 of 45 I'd certainly take those and if not we will bring it back probably next week is what I would anticipate, so — Bird: I don't see any problem with it. I hope they do extend it all the way there. Item 12: Executive Summary for insurance Benefits: Update Nary: And, Mr. Borton, if you wouldn't mind, I have — Item 12 that's right after that, if I could just do that one. It would be fairly quickly. Borton: You bet. Nary: Sorry for the last minute on this. I just got this yesterday from our benefits consultant. These are our cost of benefits for this coming — this fiscal year. You may have noted for our medical Blue Cross we have zero percent increase again, which was, actually, a great advantage to the city. If you recall last year was a two percent decrease. So, now they haven't increased it at all for this year, so they are still at a rate less than they were two years ago. So, that was per person. So, that was — that was a very good thing for us. That was probably our biggest positive. We also had a zero percent increase for dental, which also hasn't been at zero for the last few years. We have had a — always had a slight increase. We didn't this year. The other increases are fairly small. We are an our EAP program. I think the — its a 1.76 percent increase. Our vision service plan has no increase. The United Heritage renewal was a small minor increase. We did increase the coverage for employees. As you recall, we discussed this with the fire union contract. We did increase the general coverage for all employees for life and accidental death benefit. They did that at a pretty minimal rate increase and they actually allowed the increase for October 1. So, I actually signed the document before October 1 that put it into place now, which was consistent with the fire department's union contract, so all employees have that increased coverage with, again, no additional cost to the employee and a pretty minimal cost to the city. And, then, the Express Flex is one — if you note there is a pretty lengthy discussion about — we have had issues with service and if you have had discussion with employees, we have had some issues with service off and on for the last couple of years with our provider. This year we have had more than we are comfortable with for our dependent care services with flex spending, so Mrs. Clinton, who is our benefits — or benefits specialist, she did research these other ones. We found this other provider. It is local. Their turnaround is very quick. They don't — probably the biggest asset that we have had in the last few years was the beny card that we have — you should all have that is a great access for employees to get — use their medical benefits. Ifs much simpler to use. One of our challenges with our current provider is we have employees who go to the doctor and have to go — make sure they keep the receipt and send it in, which clearly should be covered and clearly doesn't have any reason it should have to be sent in to them and we have had that happen a lot and, then, we have had other employees who said, you know, they went and bought, you know, their prescription and they had to go do that. But, yet, if they went and bought an over-the-counter medication they didn't. So, there was a lot of inconsistency from the provider. This new provider has the benefit 0 • October 12, 2007 MERIDIAN CITY COUNCIL MEETING October 16,2W7 APPLICANT ITEM NO. S - REQUEST Task Order 3.0 -- Operations & Maintenance Audit with CH2M HILL for $18,257 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shag become properly of the City of Meridian. A Q • 46 11._L 0MI vra a73S August 28, 2007 - crLvrjj, 3 .o Mr. Lenard Grady P.E. City of Meridian 660 E. Watertower, Ste 200 Meridian, ID 83642 Subject: Operations and Maintenance (O&M) Audit Dear Mr. Grady CH2M HILL OMI 9193 S. Jamaica Street Suite 400 Englewood, CO 80112 P.O. Box 6607 Englewood, CO 80155 Tel 303.740.0019 Fax 303.740.7061 As agreed upon in our discussions on June 26, 2007, CH2M HILL OMI will provide the following services under the Agreement For Professional Services dated January 1, 2007, between City of Meridian and CH2M HILL Inc.: Operations and Maintenance (O&M) Audit of the Meridian Wastewater Treatment Plant. In order to gain a better understanding of the Operational and Maintenance needs of the Meridian, Idaho Wastewater Facility, an audit of the plant's O&M practices will be conducted by CH2M HILL OMI . CH2M HILL OMI, Inc. agrees to furnish the City Meridian, Idaho with an operations and maintenance audit of the Meridian Wastewater Treatment Plant based on the following task descriptions. The audit will focus primarily on the WWTP, but also include a brief review of the Water System also. The audit will not include the Wastewater Collections System except where staff duties overlap both the Collections and Treatment. The audit tasks will include the following: Task No. 1: Onsite review of current operations and maintenance practices Task No. 2: Evaluate current operations and maintenance practices with standard practices Task No. 3: Report/Findings and recommendations Task 1—Onsite Review: The goal of this task is to gather enough information to understand the current WWTP and water system operation and maintenance practices. The review and information gathering will be performed onsite during a four (4) to five (5) day visit by a project team of two OMI senior operation and maintenance specialists. The following narrative explains details of the task. 1.1 Data Gathering: It is important to gather as much information as possible to understand the current O&M practices of the facilities thoroughly, in order to compare these practices with accepted O&M practices for similar unit processes in other systems. Information and data will be collected from compliance monitoring reports, process control reports, laboratory reports, operator logs, maintenance records, and any other records or reports that document operation and maintenance of the facility. 1.2 Staff Interviews: It is important to understand how the facilities are currently being operated from the perspective of the staff. Interviews of a maximum of eight (8) staff will be performed at the time that data is collected. These interviews will gather additional information from staff members about certain aspects of the data that was received. During the interviews, the project team will gather information on how decisions are made that effect O&M practices, current operational practices, the mode of operation of the facilities and any problems/issues that Operators may face. • 0 Page 2 August 28, 2007 Both parties indicate their approval of the above described services by their signature below. Authorized Operations Management International, Inc. (CH2M HILL OMI): Roger B. Quayle Senior Vice President Date: to I g 1. do AYJ Authorized CH M HILL, In .. i� Na (�Ibt yC 5u 41 Titl � ti , 0VW0� Date: 1018 a 0 Authorized Client Name: Eiiertt Meme- oc Date: i 5;7. �i4ar C4orlc ti�-,, �,wdby C�tyG�•►cJ. UctJ'�cc,,1��D"v'7�—.•_---'�,�-�� `,R�, 0 Memo To: William Berg, Jr.; Tara Green; Sharon Smith From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer 0 Ykv pit�� �� Ci ggTk Date: 10/11/2007 Re: Proposed Agenda item for October 16, 2007 City Council Meeting The Public Works Department respectfully requests the following items be placed on the October 16 City Council agenda, under Consent Agenda, for Council's consideration: Task Order 3.0 — Operations and Maintenance Audit. CI -12M HILL has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $18,257. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the le of December, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services for an audit of the wastewater treatment plant's operation and maintenance practices along with a brief review of the water system. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Task Order 3.0 — Operations and Maintenance Audit with CH2M HILL for $18,257 and authorize the Mayor to sign It. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 CH2M HILL OMI 9193 S. Jamaica Street Suite 400 Englewood, CO 80112 C 2HILL P.O. Box 6607 ON Englewood, CO 80M Tel 303.740.0019 Fax 303.740.7061 August 28, 2407C�rjar 3.0 Mr. Lenard Grady P.E. City of Meridian 660 E. W atertower, Ste 200 Meridian, ID 83642 Subject: Operations and Maintenance (O&M) Audit Dear Mr. Grady As agreed upon in our discussions on June 26, 2007, CH2M HILL OMI will provide the following services under the Agreement For Professional Services dated January 1, 2007, between City of Meridian and CH2M HILL Inc.: Operations and Maintenance (O&M) Audit of the Meridian Wastewater Treatment Plant. In order to gain a better understanding of the Operational and Maintenance needs of the Meridian, Idaho Wastewater Facility, an audit of the plant's O&M practices will be conducted by CH2M HILL OMI . CH2M HILL OMI, Inc. agrees to furnish the City Meridian, Idaho with an operations and maintenance audit of the Meridian Wastewater Treatment Plant based on the following task descriptions. The audit will focus primarily on the WWTP, but also include a brief review of the Water System also. The audit will not include the Wastewater Collections System except where staff duties overlap both the Collections and Treatment. The audit tasks will include the following: Task No. 1: Onsite review of current operations and maintenance practices Task No. 2: Evaluate current operations and maintenance practices with standard practices Task No. 3: Report/Findings and recommendations Task 1—Onsite Review: The goal of this task is to gather enough information to understand the current WWTP and water system operation and maintenance practices. The review and information gathering will be performed onsite during a four (4) to five (5) day visit by a project team of two OMI senior operation and maintenance specialists. The following narrative explains details of the task. 1.1 Data Gathering: It is important to gather as much information as possible to understand the current O&M practices of the facilities thoroughly, in order to compare these practices with accepted O&M practices for similar unit processes in other systems. Information and data will be collected from compliance monitoring reports, process control reports, laboratory reports, operator logs, maintenance records, and any other records or reports that document operation and maintenance of the facility. 1.2 Staff Interviews: It is important to understand how the facilities are currently being operated from the perspective of the staff. Interviews of a maximum of eight (8) staff will be performed at the time that data is collected. These interviews will gather additional information from staff members about certain aspects of the data that was received. During the interviews, the project team will gather information on how decisions are made that effect O&M practices, current operational practices, the mode of operation of the facilities and any problemstissues that Operators may face. 0 Page 2 August 28, 2007 C Task 2—Evaluate Current Practices: Data and information gathered in the Onsite Review will be compared and evaluated with standard practices, based on the experience of the project team. The evaluation will focus on how the facilities are operated, maintained and managed in comparison with similar facilities with similar treatment processes and equipment. Specific attention will be given to evaluating how O&M decisions are made; how process setpoints established; and the adequacy of compliance, process, and maintenance recordkeeping practices. Task 3—Report/Recommendations: A report will be produced at the end of the audit. This report will include a list of recommendations and improvements with regard to the operation and maintenance of the facilities. The report will contain the following sections: • Executive Summary • Description of Current Operation and Maintenance Practices • Evaluation of Current O&M Practices With Standard O&M Practices (for similar facilities and processes) • Recommendations for Improvement OMI's final report will contain enough detail and structure to move easily into implementing improvements to ensure standard operation and maintenance; and regulatory compliance. Compensation: For services enumerated above, the lump sum of Eighteen Thousand Two Hundred Fifty Seven Dollars ($18,257) plus applicable sales, use, value-added, business transfer, gross receipts or other similar taxes. Invoicing: Amount invoiced each month will be based on estimate of percentage of completion multiplied times the lump sum amount. All other terms and conditions of the Agreement dated January 1, 2007 between CI -12M HILL, Inc. and the City of Meridian remains in full force and effect. If these terms are agreeable to you, please sign both copies of this letter. We will return one fully executed original for your files. CI -12M HILL OMI appreciates the opportunity to provide these additional services to the City of Meridian. Sincerely, Gary Young Regional Director of Operations, Western and Central Region Operations Management International, Inc. (CH2M HILL OMI) • 0 Page 2 August 28, 2007 Both parties indicate their approval of the above described services by their signature below. Authorized Operations Management International, Inc. (CH2M HILL OM1); Roger B. Quayle Senior Vice President Date: to 131.0 AYJ Authorized CH?M HILL, In .. Na IHhRS>` 5ye.�11 Title/ Qjt2 �t' , 6r►Ot� Date: 0 Authorized Client Name: Client Contact Client Name Date: October 12, 2007 MERIDIAN CITY COUNCIL MEETING October 16, 2007 APPLICANT ITEM NO. 5' REQUEST Pathway License Agreement with Nampa & Meridian Irrigation District for Rushmore Subdivision AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY see attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at publk meetings shall become property of the Coy of Meridian. N M LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this day of , 2007, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first party, hereinafter referred to as the "District," and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho (hereinafter "City"). party or parties of the second part, hereinafter referred to as the "Licensee," WITNESSETH: WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathways for public use along and across some of the District's ditches and within some of the District's easements and fee title lands dated December 19, 2000, recorded as Instrument No. 100102999, records of Ada County, Idaho, hereinafter referred to as the "Master Pathway Agreement;" and, WHEREAS, the District and the City intended by entering the Master Pathway Agreement to accomplish the following in a manner that is consistent with their respective legal and fiduciary responsibilities; to enhance the City's pathway planning though early consultation between the City and the District; to establish a process for the City's submission of pathway requests and the District's consideration of such requests; and to provide the general conditions for the District's approval and authorization of pathway requests affecting the District's ditches, property, operations and maintenance; and, WHEREAS, the District grants to Licensee the right develop pathways to encroach within the District's easements along and across the District's ditches, canals and easements therefor upon the terms and conditions of said Master Pathway Agreement and after the execution of a license agreement for each proposed crossing and encroachment; and, WHEREAS, the Licensee is the owner of the real property easement / right of way (burdened with the easement ofthe District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District controls the irrigation ditch or canal known as NINE MILE DRAIN (hereinafter collectively referred to as "ditch or canal") together with the real property and/or easements to convey irrigation water, to operate and maintain the ditch or canal, and which crosses and intersects said described real property of the Licensee as shown on Exhibit B attached hereto and by this reference made a part hereof, and, LICENSE AGREEMENT - Page 1 M M WHEREAS, the Licensee desires a license to perform construction, maintenance and operation of a pathway within the District's easement for the Nine Mile Drain under the terms and conditions of said Master Pathway Agreement and those hereinafter set forth, NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto agree as follows: 1. Licensee may perform construction, maintenance and operation involving the paving of the pathway on the north side of the Nine Mile Drain, within the District's easement for said drain, all located within the Rushmore Subdivision, south east of the intersection of Linder Road and W. Pine Road, Meridian, Ada County, Idaho. No other construction or activity is permitted within or affecting the Nine Mile Drain or the District's easement. 2. Any construction, widening or crossing of said ditch or canal shall be performed in accordance with the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made part thereof. 3. The permitted hours of use of the pathway shall be one half hour before sunrise and one half hour after sunset. 4. The parties hereto incorporate in and make part of this License Agreement all the covenants, conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the provisions of this License Agreement. The covenants, conditions and agreements herein contained and incorporated by reference shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the Licensee has hereunto subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT Lo LICENSE AGREEMENT - Page 2 Its President ATTEST: Its Secretary ATTEST: 1 STATE OF IDAHO County of Canyon M THE CITY OF MERIDIAN By /OOP `yY C�:_�.�; ss: ,oy Gli�j �gu /49 Fa Q�L ' On this day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district 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. Notary Public for Idaho Residing at , Idaho My Commission Expires: LICENSE AGREEMENT - Page 3 N STATE OF IDAHO ) ss: County of AaC- } On this 01 day of 00066 V- , 2007, before m the undersigned, a Notary Public in and for said State, personally appeared m �V Iliom G. 120- rq�Tr, known to me to be the Magor and G 1[Y , respectively, of The CITY OF MERIDIAN, the entity that executed the foregoing instrument and acknowledged to me that such entity 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. '1n a cpm e Uj Notary Public for Id Residing at UU-W1�— My Commission Expires: 10 -11-i 1 II: Legal Description A right-of-way in the South West 1/4, Section 12, Township 3 North, Range 1 West, B.M., Meridian, Ada County, Idaho. EXHIBIT C Special Conditions a. Construction of the pathway shall be in accordance with Exhibit C-1, attached hereto and by this reference made a part hereof. No other construction or activity is permitted within or affecting the Nine Mile Drain, or the District's easement. b. Licensee acknowledges and confirms that the District's easement for the Nine Mile Drain include a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Nine Mile Drain, and to access the Nine Mile Drain for said purposes and is a minimum of 100 feet, 50 feet to either side of the centerline. C. Construction shall be completed within one year of the date of this Agreement. Time is of the essence. LICENSE AGREEMENT - Page 4 Na so AL Pine fa hL Mile Grein- -4171, '� x4 teal-��� �'' - #�� �-u- . Rutledge: 77, 4 e4 Vd Road r FF , 54 La -Tft S Nine Mile Drain in SEI 141 .12 1 - - -- - — - UN R.1W B.M. Ada Count ° TT Idaho (August 1994) L Exhibit B ------------- 019 eel IA � � P Ing Exhibit C-1 g _ _ _ _rte�r'' _ _ _��,,_ _ . _ -far 'UN�IIO+N PAC/F/Cp�y�V(;•AO �q �g�g im LIl4il%/ Y ill��C 0—A U. --S i�,Ii-M7 ¢ _ f a RIMSIOM ID p of E •om aaacun u -v .Q t� 6 SITS PLAN AND IBBIC ncm PLANS ra em .oe Ia P f I a i n i i c C ! b , to 019 eel IA � � P Ing Exhibit C-1 g _ _ _ _rte�r'' _ _ _��,,_ _ . _ -far 'UN�IIO+N PAC/F/Cp�y�V(;•AO �q �g�g im LIl4il%/ Y ill��C 0—A U. --S i�,Ii-M7 ¢ _ f a RIMSIOM ID OMSTRUCUMPLANB fmRennison HUSHMOBB SUBDIVISION Fodrea, Inc. fin8ineots • Survayora v Plean�s mr v mmuw cmwmm e -u -v •om aaacun u -v .Q t� 6 SITS PLAN AND IBBIC ncm PLANS ra em .oe Ia CUM_ 11 LIXTATAwd = ON John Rennison Rennison Fodrea 128 S. Eagle Road, Suite B Eagle, Idaho 83616 0 October 5, 2007 REUTJIVED OCT12 2007 city of Meridian City Clerk mice Laurd n. mill Jeffrey R. Christenson David P. Claiborne D. Blair Clark S. Bryce Farris Jon C. Gould David Hammerquist Charles L. Honsinger James P. Kaufman Jennifer Reid Mahoney James G. Reid Daniel V. Steenson William F. Ringen, of Counsel Allyn L. Sweeney of Counsel Samuel Kaufman (1921-1986) Re: equest for License��nt with Nampa & Meridian Irrigation District for Rushmore Subdivision Dear John - Enclosed for review and signature are duplicate originals of the above -referenced License Agreement which you requested on behalf o c. Also enclosed are duplicate originals of the License Agreement between the City of Meridian and Nampa & Meridian Irrigation District for the pathway within Rushmore Subdivision. Both originals of the Agreements must be signed and notarized as indicated. Do not date page one of the agreements. If both sets of the originals are executed and returned to me by October 10, 2007, I will be able to submit the agreements to the District's Board of Directors for approval and signature at the Board's next meeting on October 16, 2007. The District will then have its originals recorded and return your originals to you with a bill for our services in preparing the agreements and the recording fees. Please contact me if you have any questions. 9 SBF:kw Enclosures Yo1%s very truly, s� S. Bryce Farris 6 y' 455 South Third Street ® P.O. Box 2773 ♦ Boise, Idaho 83701 s 208/342-4591 FAX 342-4657 October 12, 2007 MERIDIAN CITY COUNCIL MEETING October 16, 2007 APPLICANT ITEM NO. 5 _ REQUEST Agreement for Professional Services for Safety Manager / Consulting with Safety Enterprise, Inc. for $24,000 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of MeddlarL • Memo • -9 I . To: Will Berg; Tara Green From: Max Jensen, Engineering Technician CC: Len Grady, P.E., City Engineer Clint Dolsby, P.E., Staff Engineer Date: 10!2/2007 Re: Proposed Agenda Item for October 9, 2007 City Council Meeting OCT 0 2 2007 City Of Meridian City Clerk Office The Public Works Department respectfully requests the following item be placed on the October 9, 2007 City Council agenda, under Consent Agenda, for Council's consideration: Agreement For Professional Services — Safety Con sultrn_a Attached is an agreement with Safety Enterprise, Inc. to be contracted as the Safety Manager for the City of Meridian Public Works Department (with the associated responsibilities as outlined in the City of Meridian Department of Public Works Health and Safety Program). The contract is for $24,000 and is for the 2008 fiscal year. Recommended Council Action: The Public Works Department recommends that City Council approves the Agreement For Professional Services with Safety Enterprise, Inc. Thank you for your consideration. Please contact me if you have any questions. From the desk of... Max Jensen Engineering Technician Meridian Public Works Departavent 660 E. Watertower, Sufte 200 Meridian, Idaho 83642 Pune: (208) 898-5500 Fax (208) 898.9551 jensenm@nneridiancity.org 0 Page 1 • AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this day of , 2007, 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 Idaho Avenue, Meridian, Idaho 83642, and Safe Enterprise, Inc., hereinafter referred to as "CONSULTANT", whose business address is 600 E. Watertower - Suite G. Meridian Idaho 83.642. INTRODUCTION Whereas, the Public Works Department of the City has a need for services involving Safety Consulting; and WHEREAS, the Consultant 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 Services: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the document titled "Scope of Services" 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 Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; 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 Consultant may copyright the same, except that, as to any work which is copyrighted by the Consultant, the City reserves a SAFETY CONSULTING SERVICES — 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 Consultant 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 Consultant represents and warrants that it will perform it's 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 Consultant and any reports or opinions prepared or issued as part of the work performed by the Consultant under this Agreement, Consultant makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the consultant 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 Consultant shall be compensated on a Time & materials/Lump Sum basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Consultant shall provide the City with a monthly statement, as services warrant, 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 Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. 2.3 Except as expressly provided in this Agreement, Consultant shall not be entitled to no 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, Consultant shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, SAFETY CONSULTING SERVICES — retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon services, September 30, 2008 or unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Consultants business. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Consultant has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant 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 Consultant in fulfillment of this Agreement. 5. Indemnification and Insurance: CONSULTANT shall indemnify and save and hold harmless CITY 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 CONSULTANT, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONSULTANT 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 SAFETY CONSULTING SERVICES — • 0 minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, 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, CONSULTANT 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 Consultant or Consultant'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. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'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 Consultant begins performance of its obligations under this Agreement. In the event the insurance minimums are changed, CONSULTANT 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 Idaho Avenue, Meridian, Idaho 83642. 6. 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 of Meridian Public Works Department Attn: Safety Committee 660 E. Watertower, Ste. 200 Meridian, Idaho 83642 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. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in SAFETY CONSULTING SERVICES — 0 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. 9. 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. 10. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT 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. 11. Discrimination Prohibited: In performing the Services required herein, CONSULTANT 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. 12. Reports and Information: 12.1 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. 12.2 Consultant 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. 13. 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 CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT 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, SAFETY CONSULTING SERVICES — i 0 records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. 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. 15. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 17. Termination: If, through any cause, CONSULTANT, 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 CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT 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 CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is SAFETY CONSULTING SERVICES — determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 18. 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. 19. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. 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. 20. 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. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. SAFETY CONSULTING SERVICES — CITY OF MERIDIAN m TAMMY de WEERD, MAYOR Attest: WILLIAM G. BERG, JR., CITY CLERK Approved as to Content KEITH WATTS, PURCHASING AGENT Dated: Approved as to Form CITY ATTORNEY SAFETY CONSULTING SERVICES - n I� CONSULTANT .i Y. TITLE: c i y F� ^ Dated: 2 Attachment A SCOPE OF SERVICES (provided by Safety Enterprise, Inc.) SAFETY CONSULTING SERVICES — 0 0 loaSafetyGWatertower Enterprise, Inc. Sco e Of Services Sut. St. M, eridian Id. 83642 Consultant: Safety Enterprise, Inc. Company: City of Meridian Date: Sept. 25, 2007 Date: r Itemized Scope of Work Services Discussed: Attend Safety Committee Meetings (monthly) to provide a Safety Resource to the discussion. Attend Task Force Meeting (bi-annual) to provide a Safety Resource to the discussion. Contracted as the Safety Manager with the associated Responsibilities as outlined in the City of Meridian Department of Public Works Health and Safety Program. Conduct Site Safety Audits: Water Department Construction process (New Water Wells & Building) Work activity review; Wells, Pump stations Scheduled during maintenance activities at the physical locations Waste Water Treatment Facility Construction process (two separate projects on property) Conduct safety review while on plant site Normal production operations Schedule to conduct reviews of site safety Work activity review; Plant, lift stations, Scheduled during maintenance activities at the physical locations Engineering/Development Services Construction process of Public Works Projects Conduct Safety review of Project Sites Provide Training to the Public Works employees. Lockout/Tagout (H&S Program #7) Slip, Trip and Fall Protertion (H&S Program #3) - includes Ladder and Stairs © Safety Enterprise, Inc. Confidential September 2007 Attachment B PAYMENT SCHEDULE (provided by Safety Enterprise, Inc.) A. Total and complete compensation for this Agreement shall NOT EXCEED $24,000. Fees will be billed for actual time worked. Fees will be billed monthly for completed tasks only, per the following schedule of values (as provided by Safety Enterprise, Inc.) TASK DESCRIPTION AMOUNT A. Provide services as outlined in Attachment A — Scope of Services. $85.00 / hr TOTAL $24,000.00 SAFETY CONSULTING SERVICES — October 12, 2007 MERIDIAN CITY COUNCIL MEETING October 16, 2007 ITEM NO. APPLICANT 5= REQUEST Personal Services Contract between the City of Meridian and Whitman & Associates Inc to provid building inspection services and plan reviews for structures constructed within the City of Meridian AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: see altac od CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Matedals presented at public meetings shall become property of the City of Meridian. 0 0 PERSONAL SERVICES CONTRACT BETWEEN: CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, hereinafter "City" AND: WHITMAN & ASSOCIATES, INC., an Idaho corporation, hereinafter "Contractor." DATED: This day of .2007. PREMISES: 1. Whereas, the City of Meridian provides building inspection services and plan reviews for structures constructed within the City of Meridian; and 2. Whereas, the City desires to facilitate the provision of those services by using the personal services of Whitman & Associates, Inc.; and 3. Whereas, the Contractor has been providing such services to the City and has established a good reputation for the provision of such services, and is willing and able to continue to provide such services; and 4. Whereas, the City is authorized to obtain, by contract, the services necessary to conduct plan reviews and building inspections. NOW, THEREFORE, the parties hereto agree as follows: 1. Term. This contract shall become effective on the 1" day of October, 2007, and unless earlier terminated or extended, shall expire on or before September 30, 2008. 2. Scope of Services. Contractor shall perform the necessary services in accordance with the schedule as described on Exhibit "A" attached hereto and herein incorporated by reference. 3. Prohibited Work. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property that is inspected by the Contractor. This shall apply to any work that falls under the inspection responsibilities of the Contractor as contemplated by this agreement. The contractor is strictly prohibited from referring any work to themselves or a company that they are associated with personally or professionally that is in any FY08 Contract for Personal Services, Whitman & Associates, Inc. Page 1 0 • way related to their duties under this Agreement. A violation of this condition can be considered grounds for immediate termination of this Agreement. 4. Compliance With Applicable Law. Contractor shall comply with all Federal, state, city, and local laws and ordinances applicable to the work under this contract, including, without limitation, the provisions of Idaho Administrative Rules and the rules and interpretations of the State of Idaho Division of Building Safety. 5. Reporting. Contractor agrees to prepare and furnish such reports and data as may be required by the City. Contractor agrees to, and does hereby grant the City the right to reproduce, use and disclose for City purposes, all or any part of the reports, data, technical information and client information furnished to the City under this contract. Any information or data which comes into possession of Contractor in connection with services provided under this agreement shall become City information and shall not be disclosed by Contractor to anyone outside the City, unless the requester complies with the Idaho Public Records Act. 6. Records Maintenance; Access. Contractor agrees that services provided under this contract by Contractor, facilities used in conjunction with such services, client records, Contractor's policies, procedures, performance data, and other similar documents and records of Contractor that pertain, or may pertain, to services under this contract shall be kept at the office space provided by City and shall be open for inspection by the City, or its agents, at any reasonable time during business hours. Contractor agrees to retain such records and documents for a period of ten years, or such longer period as may be required by Idaho Code § 50-907. 7. Payment of Contract and Inspection Fees shall be according to the value placed on the building permit and based upon the following pay schedule: (a) 40% of the permit fees for the first $100,000 in permit fees collected annually. (b) 25% of the permit fees over $100,000 collected annually. (c) The Contractors percentage for any permit issued for a structure valued at more than $2,000,000 shall be negotiable between the City of Meridian and the Contractor. (d) 85% of re -inspection fees collected. (e) 40% of plan review fees collected. The City of Meridian agrees to provide office space, computers, telephone system, inspection tags, permit notices, and clerical staff, as may be necessary for FY08 Contract for Personal Services, Whitman & Associates, Inc. Page 2 0 Contractor to carry out the issuance of permits, receiving and distributing inspection requests, public assistance, and/or any other business transactions that would need to be conducted by the Building Official that are directly related to providing services under this contract. If the Contractor desires additional services that are not hereinabove provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. Termination (a) All or part of this contract may be terminated by mutual consent of both parties in writing. (b) If Daunt Whitman ceases to act as the Building Official for the City of Meridian, as outlined in number 8 here in below, then this contract shall immediately be terminated and become null and void. (c) In addition, City may terminate or modify this contract, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: (i) If Federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract; (ii) If any professional license, insurance, bond or certificate required by law, regulation or this contract to be held by Contractor to provide the services required by this contract, is for any reason denied, revoked, suspended, or not renewed; (iii) If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; (iv) Falsification of records by Contractor; (v) Failure of the Contractor to comply with the provisions of this contract and all applicable Federal, state or local laws and rules, including applicable building codes and Idaho Administrative Rules. (vi) If Contractor fails to provide services as set forth in Exhibit (vii) If Contractor fails to provide services called for by this contract within the times specified on Exhibit "A"; (viii) If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this contract; (ix) If continued or repeated justifiable, documented complaints are made against Contractor or its agents for: (a) failure to provide services specified on Exhibit "A"; or (b) perform their duties in a courteous and professional manner; FY08 Contract for Personal Services, Whitman & Associates, Inc. Page 3 9 w (x) If the City Council determines that termination of the contract is in the best interests of the City. (d) Time is of the essence of Contractor's performance of each and every obligation and duty under this Agreement. City, by written notice to Contractor of default or breach may terminate the whole or part of this contract: (i) If Contractor fails to provide services called for by this contract within the time specified herein or any extension thereof; or (ii) If Contractor fails to perform any of the provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice from City fails to correct such failures within 14 calendar days or other period as specified. The rights and remedies provided above are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. A waiver by City of any rights, remedies or provisions provided in this contract or by law, is not a waiver by City of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. City shall not have to reinstate any provisions of this contract following a waiver for the provision to be effective in any other instance. 9. Designated Building Official. Whitman & Associates, Inc. acknowledges that Daunt Whitman is designated as the Building Official for the City of Meridian with the primary responsibility for providing and performing all duties required under this contract for the City of Meridian. If for any reason Daunt Whitman fails or ceases to continue as the Building Official for the City of Meridian, Contractor shall be required to give notice of the City of Meridian. 10. Independent Contractor. Contractor is not an officer, employee or agent of the City. Contractor is engaged as an independent contractor, and will be so deemed for purposes of the following: (a) Contractor will be responsible for payment of any Federal or state taxes required as a result of this contract. (b) Contractor is not entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this contract to the Contractor are: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. (c) Contractor is an independent contractor for purposes of the Idaho Worker's Compensation laws, and is solely liable for worker's compensation coverage under this contract. FY08 Contract for Personal Services, Whitman & Associates, Inc. Page 4 9 0 (d) Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by the Contractor, except the following: L Administration support expenses ii. Office space with furniture iii. Computer systems, including software and printers iv. Wired telephone system v. Inspection tags and notices (e) Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. 11. Subcontracts and Assignments; Successors in Interest. To insure the appropriate, uninterrupted, adequate and timely service to the residents of the City of Meridian, Contractor shall not enter into any contracts or subcontracts for any of the work required by this contract, or assign or transfer any of its interest in this contract, without the prior written consent of the City. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Contract, when City, in its reasonable discretion, determines that the proposed assignment or transfer would not serve the bests interests of the citizens of Meridian. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns, if any. 12. Transition. In the event this contract is terminated, or is not renewed or extended, the parties agree that a period of transition will be necessary to assure adequate protection of the public and continuity of service to contractors. Contractor agrees that for thirty (30) days after termination of this agreement, it will provide such services as are requested by City. During the thirty (30) day period, City will compensate Contractor $75.00 per hour for each hour worked. Contractor will submit detailed billings, including time records containing: date, service, personnel information, and time expended (recorded in one-quarter hour increments). Payment will be made no later than the 15'' of the month for billing statements submitted not later than the first day of that month. 13. Insurance and Bonding. (a) General Liability Insurance. Contractor will have in place liability coverage while serving the City pursuant to this contract. Contractor shall obtain and, at all times, keep in effect comprehensive general liability insurance with a combined single limit not less than $1,000,000 or the equivalent for property damage and bodily injury or death per occurrence. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy FY08 Contract for Personal Services, Whitman & Associates, Inc. Page 5 referred to in this paragraph, Contractor shall immediately notify City orally and then in writing within three (3) days. City has the right to suspend portions or all of the services, operations and duties due under this contract if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor will be afforded a reasonable time to obtain insurance. If Contractor can not obtain insurance within a reasonable time, City may terminate this contract. (b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's expense, and maintain in effect during this Contract, Automobile Liability Insurance with a combined single limit per occurrence of not less than $500,000 naming the City of Meridian as an additional insured. (c) Additional Insured. Contractor shall name the City, its officers, employees, and agents as Additional Insured on any insurance policies required herein only with respect to Contractor's activities being performed under this Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued by an insurance company licensed to do business in the State of Idaho (ACORD Form 27), containing a 30 -day Notice of Cancellation endorsement and shall be forwarded to City. (d) Error and Omission Insurance. Contractor shall maintain error and omission or professional liability insurance for the services under this contract in an amount not less than $500,000 per occurrence. (e) Worker's Compensation Insurance. Contract shall maintain worker's compensation insurance for the services under this contract. (f) Proof of Insurance. Certificates of Insurance (ACORD Form 27 or equivalent) shall be provided for all required coverages and furnished to the City Clerk and a copy to the Development Services Manager. 14. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the City, its officers, employees, agents, and members, from all claims, suits, actions or costs including attorney fees and costs of defense resulting from or arising out of the work performed under this contract and arising from the sole or joint negligence of the Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save, hold harmless and indemnify Contractor from all claims, suits, actions or costs, including attorney fees and costs of defense resulting or arising out of this contract and arising from the sole negligence of City. 15. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this contract, on the grounds of race, color, creed, national origin, sex, marital status, disability or age. FY08 Contract for Personal Services, Whitman & Associates, Inc. Page 6 16. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this contract, the non -prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. 17. Governing Law; Jurisdiction; Venue. This contract shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. 18. Subject Employers. The Contractor, its subcontractors, if any, and all employers working under this contract are subject employers under the Idaho Worker's Compensation Law and shall comply with said law, which requires them to provide worker's compensation coverage for all their subject workers. 19. Amendments. The terms of this Contract may be amended upon the mutual consent of the parties. Contractor expressly agrees to amendments which may be necessary from time to time to incorporate changes or provisions required by law or the Division. 20. Severability. The terms of this Contract are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Contract that results in the invalidity of any part, shall not affect the remainder of this Contract. Dated day of , 2007. FY08 Contract for Personal Services, Whitman & Associates, Inc. Page 7 0 • WHITMAN & ASSOCIATES, INC. : DAUNT WHITMAN, PRESIDENT CITY OF MERIDIAN TAMMY de WEERD, MAYOR Attest: WILLIAM G. BERG, JR., CITY CLERK STATE OF IDAHO, ) ss: County of Ada, ) On this day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared DAUNT WHITMAN, known or identified to me to be the President of Whitman & Associates, Inc., and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for Whitman & Associates, Inc. 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) Notary Public for Idaho Residing at: My Commission Expires: FY08 Contract for Personal Services, Whitman & Associates, Inc. Page 8 0 0 STATE OF IDAHO, ) ss: County of Ada, On this day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G.BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian 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) Notary Public for Idaho Residing at: My Commission Expires: FY08 Contract for Personal Services, Whitman & Associates, Inc. • Page 9 0 EXHIBIT "A" SERVICES TO BE PERFORMED BY WHITMAN & ASSOCIATES, INC. 1. Computerized Permit Tracking Program. Contractor shall provide data and input into the City of Meridian's computerized Building Permit Tracking program. All building permit applications received shall be entered into the program and each step of the building permit process shall be entered into the computer as soon as possible following completion of that step. Every reasonable attempt shall be made to keep all entries current, however, the Building Permit Tracking program shall never be allowed to become more than two working days behind the current status of each building permit. 2. Public Office. Contractor shall maintain regular business hours, or be available by telephone, through the City of Meridian's Building Department located at 660 E. Watertower Lane, Suite 150, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as determined by the Building Department. The City of Meridian agrees to provide office space, computers, telephone system, and clerical staff, as may be necessary for Contractor to carry out the issuance of permits, receiving and distributing structural inspection requests, public assistance, and/or any other business transactions related to this contract that would need to be conducted by the Building Official. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 3. Coordination. Contractor shall mutually coordinate plan reviews with the City Planning officials, Public Works officials and appropriate fire marshals. Field inspections will verify and incorporate requirements of approved plan documents on which permits are granted. 4. Conflicts. Contractor shall report to the Development Services Manager any potential conflicts of interest it may have relative to a construction project. 5. Administration and Enforcement of Codes and City Ordinances. Contractor shall enforce and comply with building provisions as may be codified or ordained by the City. Contractor shall assist the City in enforcing its planning and zoning ordinances, including the Flood Plain ordinance, and other ordinances related to building sites, and building uses. Contractor shall report to the City of Meridian Development Services Manager any observed violations of the City's planning and zoning ordinances, or other ordinances of which Contractor has knowledge as well as the current code adopted by the City of Meridian. Exhibit "A" - Page 1 0 0 6. Organization of Contractor. City shall be apprised in writing of Contractor's corporate organization and name of Directors at all times. All personnel and subcontractors will possess the appropriate inspection certifications. A list of personnel assigned to perform duties under this contract will be given to the Development Services Manager and updated in writing as any changes are made. 7. Performance of Services and Duties. Contractor, who is the Building Official, shall ensure that he interprets all applicable codes reasonably and impartially. In addition, Contractor shall ensure that all of its personnel and subcontractors perform all duties required under this contract in a courteous and professional manner. Contractor is directly responsible to, and reports to, the Development Services Manager. 8. Disaster and Emergency Within the City of Meridian. If an emergency, natural disaster, enemy attack or other major incident exists within the City of Meridian, Contractor shall perform initial damage assessment services on a pro- bono basis. These services include, but may not be limited to: field assessment and inspections of damage to private and public property, collect damage information, assist in the compilation of damage assessment reports, assist in the completion of a disaster summary outline, review building codes for possible improvements, and assimilate information on damage to private, public structures and businesses and any other services for initial damage assessment under the Ada County Emergency Operations Plan - - Damage Assessment Annex. At the discretion of the City, any state and federal financial assistance to the City for the above services will be applied for and paid to the Contractor. 9. Staffing Levels. Contractor agrees to staff this contract with sufficient qualified personnel or subcontractors to allow City to provide timely inspections and reviews of building projects in the City. The following performance standards are expected: Commercial plan review: 10 working days after receipt of complete application. Calls for inspections: 48 hours after receipt of phone call requesting inspection. Residential building permits: 10 working days after receipt of complete application. 10. Mobile Communications. Contractor will provide its personnel, at its own expense, and require its subcontractors to maintain at their own expense, cellular telephones with voice messaging. Exhibit "N'- Page 2 0 • PERSONAL SERVICES CONTRACT BETWEEN: CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, hereinafter "City" AND: WHITMAN & ASSOCIATES, INC., an Idaho corporation, hereinafter "Contractor." DATED: This !v - day of OC�04Zn/ , 2007. PREMISES: 1. Whereas, the City of Meridian provides building inspection services and plan reviews for structures constructed within the City of Meridian; and 2. Whereas, the City desires to facilitate the provision of those services by using the personal services of Whitman & Associates, Inc.; and 3. Whereas, the Contractor has been providing such services to the City and has established a good reputation for the provision of such services, and is willing and able to continue to provide such services; and 4. Whereas, the City is authorized to obtain, by contract, the services necessary to conduct plan reviews and building inspections. NOW, THEREFORE, the parties hereto agree as follows: 1. Term. This contract shall become effective on the 1St day of October, 2007, and unless earlier terminated or extended, shall expire on or before September 30, 2008. 2. Scope of Services. Contractor shall perform the necessary services in accordance with the schedule as described on Exhibit "A" attached hereto and herein incorporated by reference. 3. Prohibited Work. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property that is inspected by the Contractor. This shall apply to any work that falls under the inspection responsibilities of the Contractor as contemplated by this agreement. The contractor is strictly prohibited from referring any work to themselves or a company that they are associated with personally or professionally that is in any FY08 Contract for Personal Services, W2iitman & Associates, Inc. Page 1 0 way related to their duties under this Agreement. A violation of this condition can be considered grounds for immediate termination of this Agreement. 4. Compliance With Applicable Law. Contractor shall comply with all Federal, state, city, and local laws and ordinances applicable to the work under this contract, including, without limitation, the provisions of Idaho Administrative Rules and the rules and interpretations of the State of Idaho Division of Building Safety. 5. Reporting. Contractor agrees to prepare and furnish such reports and data as may be required by the City. Contractor agrees to, and does hereby grant the City the right to reproduce, use and disclose for City purposes, all or any part of the reports, data, technical information and client information furnished to the City under this contract. Any information or data which comes into possession of Contractor in connection with services provided under this agreement shall become City information and shall not be disclosed by Contractor to anyone outside the City, unless the requester complies with the Idaho Public Records Act. 6. Records Maintenance; Access. Contractor agrees that services provided under this contract by Contractor, facilities used in conjunction with such services, client records, Contractor's policies, procedures, performance data, and other similar documents and records of Contractor that pertain, or may pertain, to services under this contract shall be kept at the office space provided by City and shall be open for inspection by the City, or its agents, at any reasonable time during business hours. Contractor agrees to retain such records and documents for a period of ten years, or such longer period as may be required by Idaho Code § 50-907. 7. Payment of Contract and Inspection Fees shall be according to the value placed on the building permit and based upon the following pay schedule: (a) 40% of the permit fees for the first $100,000 in permit fees collected annually. (b) 25% of the permit fees over $100,000 collected annually. (c) The Contractors percentage for any permit issued for a structure valued at more than $2,000,000 shall be negotiable between the City of Meridian and the Contractor. (d) 85% of re -inspection fees collected. (e) 40% of plan review fees collected. The City of Meridian agrees to provide office space, computers, telephone system, inspection tags, permit notices, and clerical staff, as may be necessary for FY08 Contract for Personal Services, Whitman & Associates, Inc. Page 2 Contractor to carry out the issuance of permits, receiving and distributing inspection requests, public assistance, and/or any other business transactions that would need to be conducted by the Building Official that are directly related to providing services under this contract. If the Contractor desires additional services that are not hereinabove provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 8. Termination (a) All or part of this contract may be terminated by mutual consent of both parties in writing. (b) If Daunt Whitman ceases to act as the Building Official for the City of Meridian, as outlined in number 8 here in below, then this contract shall immediately be terminated and become null and void. (c) In addition, City may terminate or modify this contract, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: (i) If Federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract; (ii) If any professional license, insurance, bond or certificate required by law, regulation or this contract to be held by Contractor to provide the services required by this contract, is for any reason denied, revoked, suspended, or not renewed; (iii) If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; (iv) Falsification of records by Contractor; (v) Failure of the Contractor to comply with the provisions of this contract and all applicable Federal, state or local laws and rules, including applicable building codes and Idaho Administrative Rules. (vi) If Contractor fails to provide services as set forth in Exhibit "A"; (vii) If Contractor fails to provide services called for by this contract within the times specified on Exhibit "A"; (viii) If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this contract; (ix) If continued or repeated justifiable, documented complaints are made against Contractor or its agents for: (a) failure to provide services specified on Exhibit "A"; or (b) perform their duties in a courteous and professional manner; FY08 Contract for Personal Services, Whitman & Associates, Inc. Page 3 • 0 (x) If the City Council determines that termination of the contract is in the best interests of the City. (d) Time is of the essence of Contractor's performance of each and every obligation and duty under this Agreement. City, by written notice to Contractor of default or breach may terminate the whole or part of this contract: (i) If Contractor fails to provide services called for by this contract within the time specified herein or any extension thereof; or (ii) If Contractor fails to perform any of the provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice from City fails to correct such failures within 14 calendar days or other period as specified. The rights and remedies provided above are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. A waiver by City of any rights, remedies or provisions provided in this contract or by law, is not a waiver by City of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. City shall not have to reinstate any provisions of this contract following a waiver for the provision to be effective in any other instance. 9. Designated Building Official. Whitman & Associates, Inc. acknowledges that Daunt Whitman is designated as the Building Official for the City of Meridian with the primary responsibility for providing and performing all duties required under this contract for the City of Meridian. If for any reason Daunt Whitman fails or ceases to continue as the Building Official for the City of Meridian, Contractor shall be required to give notice of the City of Meridian. 10. Independent Contractor. Contractor is not an officer, employee or agent of the City. Contractor is engaged as an independent contractor, and will be so deemed for purposes of the following: (a) Contractor will be responsible for payment of any Federal or state taxes required as a result of this contract. (b) Contractor is not entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this contract to the Contractor are: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. (c) Contractor is an independent contractor for purposes of the Idaho Worker's Compensation laws, and is solely liable for worker's compensation coverage under this contract. FY08 Contract for Personal Services, Whitman & Associates, Inc. Page 4 0 (d) Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by the Contractor, except the following: i. Administration support expenses ii. Office space with furniture iii. Computer systems, including software and printers iv. Wired telephone system v. Inspection tags and notices (e) Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. 11. Subcontracts and Assignments; Successors in Interest. To insure the appropriate, uninterrupted, adequate and timely service to the residents of the City of Meridian, Contractor shall not enter into any contracts or subcontracts for any of the work required by this contract, or assign or transfer any of its interest in this contract, without the prior written consent of the City. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Contract, when City, in its reasonable discretion, determines that the proposed assignment or transfer would not serve the bests interests of the citizens of Meridian. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns, if any. 12. Transition. In the event this contract is terminated, or is not renewed or extended, the parties agree that a period of transition will be necessary to assure adequate protection of the public and continuity of service to contractors. Contractor agrees that for thirty (30) days after termination of this agreement, it will provide such services as are requested by City. During the thirty (30) day period, City will compensate Contractor $75.00 per hour for each hour worked. Contractor will submit detailed billings, including time records containing: date, service, personnel information, and time expended (recorded in one-quarter hour increments). Payment will be made no later than the 15'b of the month for billing statements submitted not later than the first day of that month. 13. Insurance and Bonding. (a) General Liability Insurance. Contractor will have in place liability coverage while serving the City pursuant to this contract. Contractor shall obtain and, at all times, keep in effect comprehensive general liability insurance with a combined single limit not less than $1,000,000 or the equivalent for property damage and bodily injury or death per occurrence. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy FY08 Contract for Personal Services, Whitman & Associates, Inc. Page 5 • 0 referred to in this paragraph, Contractor shall immediately notify City orally and then in writing within three (3) days. City has the right to suspend portions or all of the services, operations and duties due under this contract if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor will be afforded a reasonable time to obtain insurance. If Contractor can not obtain insurance within a reasonable time, City may terminate this contract. (b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's expense, and maintain in effect during this Contract, Automobile Liability Insurance with a combined single limit per occurrence of not less than $500,000 naming the City of Meridian as an additional insured. (c) Additional Insured. Contractor shall name the City, its officers, employees, and agents as Additional Insured on any insurance policies required herein only with respect to Contractor's activities being performed under this Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued by an insurance company licensed to do business in the State of Idaho (ACORD Form 27), containing a 30 -day Notice of Cancellation endorsement and shall be forwarded to City. (d) Error and Omission Insurance. Contractor shall maintain error and omission or professional liability insurance for the services under this contract in an amount not less than $500,000 per occurrence. (e) Worker's Compensation Insurance. Contract shall maintain worker's compensation insurance for the services under this contract. (f) Proof of Insurance. Certificates of Insurance (ACORD Form 27 or equivalent) shall be provided for all required coverages and furnished to the City Clerk and a copy to the Development Services Manager. 14. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the City, its officers, employees, agents, and members, from all claims, suits, actions or costs including attorney fees and costs of defense resulting from or arising out of the work performed under this contract and arising from the sole or joint negligence of the Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save, hold harmless and indemnify Contractor from all claims, suits, actions or costs, including attorney fees and costs of defense resulting or arising out of this contract and arising from the sole negligence of City. 15. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this contract, on the grounds of race, color, creed, national origin, sex, marital status, disability or age. FY08 Contract for Personal Services, Whitman & Associates, Inc. Page 6 • 0 16. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this contract, the non -prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. 17. Governing Law; Jurisdiction; Venue. This contract shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. 18. Subject Employers. The Contractor, its subcontractors, if any, and all employers working under this contract are subject employers under the Idaho Worker's Compensation Law and shall comply with said law, which requires them to provide worker's compensation coverage for all their subject workers. 19. Amendments. The terms of this Contract may be amended upon the mutual consent of the parties. Contractor expressly agrees to amendments which may be necessary from time to time to incorporate changes or provisions required by law or the Division. 20. Severability. The terms of this Contract are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Contract that results in the invalidity of any part, shall not affect the remainder of this Contract. Dated Dday of Oc;4 6 6-,-� '2007. FY08 Contract for Personal Services, Whitman & Associates, Inc. Page 7 WHITMAN & ASSOCIATES, INC. BY: DAUNT WHITMAN, PRESIDENT CITY OF MERIDIAN BY: d WEERD, MAYOR Attest: LIAM G. BERG, C ERK m L.L a STATE OF IDAHO, ) . ss: County of Ada, ) On this IS 4* -4 day of De-66e.r , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared DAUNT WHITMAN, known, or identified to me to be the President of Whitman & Associates, Inc., and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for Whitman & Associates, Inc. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first ai ,'nnonnont��e��g SEAL ��F R EC���� (SEAL) = ®�4 o lic f r aho �� %G : C %c,4 n 7 !a My Commission Expires: (o �• �t?j o d. FY08 Contract for Personal Services, Whitman & Associates, Inc. Page 8 0 0 STATE OF IDAHO, ) . ss: County of Ada, ) On this JU4"' day of CCkkr r. , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G.BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian 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) °•+j+gees ••• a 0 t ® 4/moo•: 09 ;IL)NO Notary Public for Idaho Residing at: OU 1 , ID My Commission Expires: -t i FY08 Contract for Personal Services, Whitman & Associates, Inc. Page 9 EXHIBIT "A" SERVICES TO BE PERFORMED BY WHITMAN & ASSOCIATES, INC. Computerized Permit Tracking Program. Contractor shall provide data and input into the City of Meridian's computerized Building Permit Tracking program. All building permit applications received shall be entered into the program and each step of the building permit process shall be entered into the computer as soon as possible following completion of that step. Every reasonable attempt shall be made to keep all entries current, however, the Building Permit Tracking program shall never be allowed to become more than two working days behind the current status of each building permit. 2. Public Office. Contractor shall maintain regular business hours, or be available by telephone, through the City of Meridian's Building Department located at 660 E. Watertower Lane, Suite 150, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as determined by the Building Department. The City of Meridian agrees to provide office space, computers, telephone system, and clerical staff, as may be necessary for Contractor to carry out the issuance of permits, receiving and distributing structural inspection requests, public assistance, and/or any other business transactions related to this contract that would need to be conducted by the Building Official. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 3. Coordination. Contractor shall mutually coordinate plan reviews with the City Planning officials, Public Works officials and appropriate fire marshals. Field inspections will verify and incorporate requirements of approved plan documents on which permits are granted. 4. Conflicts. Contractor shall report to the Development Services Manager any potential conflicts of interest it may have relative to a construction project. 5. Administration and Enforcement of Codes and City Ordinances. Contractor shall enforce and comply with building provisions as may be codified or ordained by the City. Contractor shall assist the City in enforcing its planning and zoning ordinances, including the Flood Plain ordinance, and other ordinances related to building sites, and building uses. Contractor shall report to the City of Meridian Development Services Manager any observed violations of the City's planning and zoning ordinances, or other ordinances of which Contractor has knowledge as well as the current code adopted by the City of Meridian. Exhibit "A" - Page 1 6. Organization of Contractor. City shall be apprised in writing of Contractor's corporate organization and name of Directors at all times. All personnel and subcontractors will possess the appropriate inspection certifications. A list of personnel assigned to perform duties under this contract will be given to the Development Services Manager and updated in writing as any changes are made. 7. Performance of Services and Duties. Contractor, who is the Building Official, shall ensure that he interprets all applicable codes reasonably and impartially. In addition, Contractor shall ensure that all of its personnel and subcontractors perform all duties required under this contract in a courteous and professional manner. Contractor is directly responsible to, and reports to, the Development Services Manager. 8. Disaster and Emergency Within the City of Meridian. If an emergency, natural disaster, enemy attack or other major incident exists within the City of Meridian, Contractor shall perform initial damage assessment services on a pro- bono basis. These services include, but may not be limited to: field assessment and inspections of damage to private and public property, collect damage information, assist in the compilation of damage assessment reports, assist in the completion of a disaster summary outline, review building codes for possible improvements, and assimilate information on damage to private, public structures and businesses and any other services for initial damage assessment under the Ada County Emergency Operations Plan - - Damage Assessment Annex. At the discretion of the City, any state and federal financial assistance to the City for the above services will be applied for and paid to the Contractor. 9. Staffing Levels. Contractor agrees to staff this contract with sufficient qualified personnel or subcontractors to allow City to provide timely inspections and reviews of building projects in the City. The following performance standards are expected: Commercial plan review• 10 working days after receipt of complete application. Calls for inspections: 48 hours after receipt of phone call requesting inspection. Residential building permits: 10 working days after receipt of complete application. 10. Mobile Communications. Contractor will provide its personnel, at its own expense, and require its subcontractors to maintain at their own expense, cellular telephones with voice messaging. Exhibit "A" - Page 2 October 12,2W7 MERIDIAN CITY COUNCIL MEETING October 16, 2007 APPLICANT ITEM NO. S AO REQUEST Personal Services Contract between the City of Meridian and RIMI, Inc, to provide mechanical inspection services and plan reviews for structures constructed within the City of Meridian AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. PERSONAL SERVICES CONTRACT BETWEEN: CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, hereinafter "City" AND: RIMI, INC., an Idaho corporation, hereinafter "Contractor." DATED: This day of , 2007. PREMISES: 1. Whereas, the City of Meridian provides mechanical inspection services and plan reviews for structures constructed within the City of Meridian; and 2. Whereas, the City desires to facilitate the provision of those services by using the personal services of RIMI, Inc.; and 3. Whereas, the Contractor has been providing such services to the City and has established a good reputation for the provision of such services, and is willing and able to continue to provide such services; and 4. Whereas, the City is authorized to obtain, by contract, the services necessary to conduct plan reviews and mechanical inspections. NOW, THEREFORE, the parties hereto agree as follows: 1. Term. This contract shall become effective on the 1St day of October, 2007, and unless earlier terminated or extended, shall expire on or before September 30, 2008. 2. Scope of Services. Contractor shall perform the necessary services in accordance with the schedule as described on Exhibit "A" attached hereto and herein incorporated by reference. 3. Prohibited Work. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property that is inspected by the Contractor. This shall apply to any work that falls under the inspection responsibilities of the Contractor as contemplated by this agreement. The contractor is strictly prohibited from referring any work to themselves or a company that they are associated with personally or professionally that is in any FY08 Contract for Personal Services, RIMI, Inc. Page 1 way related to their duties under this Agreement. A violation of this condition can be considered grounds for immediate termination of this Agreement. 4. Compliance With Applicable Law. Contractor shall comply with all Federal, state, city, and local laws and ordinances applicable to the work under this contract, including, without limitation, the provisions of Idaho Administrative Rules and the rules and interpretations of the International Mechanical Code and the International Mechanical Code Standards, as well as all code regulations as specified in the Meridian City Code and Ordinances. 5. Reporting. Contractor agrees to prepare and furnish such reports and data as may be required by the City. Contractor agrees to, and does hereby grant the City the right to reproduce, use and disclose for City purposes, all or any part of the reports, data, technical information and client information furnished to the City under this contract. Any information or data which comes into possession of Contractor in connection with services provided under this agreement shall become City information and shall not be disclosed by Contractor to anyone outside the City, unless the requester complies with the Idaho Public Records Act. 6. Records Maintenance; Access. Contractor agrees that services provided under this contract by Contractor, facilities used in conjunction with such services, client records, Contractor's policies, procedures, performance data, and other similar documents and records of Contractor that pertain, or may pertain, to services under this contract shall be kept at the office space provided by City and shall be open for inspection by the City, or its agents, at any reasonable time during business hours. Contractor agrees to retain such records and documents for a period of ten years, or such longer period as may be required by Idaho Code § 50-907. 7. Payment of Contract and Inspection Fees shall be according to the value placed on the building permit and based upon the following pay schedule: (a) 75% of the permit fees for the first $30,000 in permit fees collected annually. (b) 60% of the permit fees between $30,000 to $45,000 in permit fees collected annually. (c) 50% of the permit fees between $45,000 to $60,000 in permit fees collected annually. (d) 40% of the permit fees over $60,000 in permit fees collected annually The City of Meridian agrees to provide office space, computers, telephone system, inspection tags, permit notices, and clerical staff, as may be necessary for Contractor to carry out the regulation of design, construction, quality of materials, FY08 Contract for Personal Services, FJM, Inc. Page 2 0 • erection, installation, alteration, repair, location, relocation, replacement, addition to, use of maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, or other miscellaneous heat -producing appliances, issuance of permits, and collection of fees, and to carry out all of the regulations, provisions, conditions and terms of the International Mechanical Code and the International Mechanical Code Standards, public assistance, and/or any other business transactions that would need to be conducted by the Mechanical Inspector that are directly related to providing services under this contract. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 8. Termination (a) All or part of this contract may be terminated by mutual consent of both parties in writing. (b) If Terry G. Medley ceases to act as the Mechanical Inspector for the City of Meridian, as outlined in number 8 here in below, then this contract shall immediately be terminated and become null and void. (c) In addition, City may terminate or modify this contract, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: (i) If Federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract; (ii) If any professional license, insurance, bond or' certificate required by law, regulation or this contract to be held by Contractor to provide the services required by this contract, is for any reason denied, revoked, suspended, or not renewed; (iii) If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; (iv) Falsification of records by Contractor; (v) Failure of the Contractor to comply with the provisions of this contract and all applicable Federal, state or local laws and rules, including applicable building and mechanical codes and Idaho Administrative Rules. (vi) If Contractor fails to provide services as set forth in Exhibit "A"; (vii) If Contractor fails to provide services called for by this contract within the times specified on Exhibit "A"; (viii) If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this contract; (ix) If continued or repeated justifiable, documented complaints are made against Contractor or its agents for: FY08 Contract for Personal Services, RM, Inc. Page 3 0 • (a) failure to provide services specified on Exhibit "A"; or (b) perform their duties in a courteous and professional manner; (x) If the City Council determines that termination of the contract is in the best interests of the City. (d) Time is of the essence of Contractor's performance of each and every obligation and duty under this Agreement. City, by written notice to Contractor of default or breach may terminate the whole or part of this contract: (i) If Contractor fails to provide services called for by this contract within the time specified herein or any extension thereof; or (ii) If Contractor fails to perform any of the provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice from City fails to correct such failures within 14 calendar days or other period as specified. The rights and remedies provided above are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. A waiver by City of any rights, remedies or provisions provided in this contract or by law, is not a waiver by City of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. City shall not have to reinstate any provisions of this contract following a waiver for the provision to be effective in any other instance. 9. Designated Mechanical Inspection Official. RIMI, Inc. acknowledges that Terry G. Medley is designated as the licensed Mechanical Inspector for Contractor, with the primary responsibility for providing and performing all duties required under this contract for the City of Meridian. If for any reason Terry G. Medley fails or ceases to continue as the Mechanical Inspector for the City of Meridian, Contractor shall be required to give notice to the City of Meridian. 10. Independent Contractor. Contractor is not an officer, employee or agent of the City. Contractor is engaged as an independent contractor, and will be so deemed for purposes of the following: (a) Contractor will be responsible for payment of any Federal or state taxes required as a result of this contract. (b) Contractor is not entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this contract to the Contractor are: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. FY08 Contract for Personal Services, RM, Inc. Page 4 (c) Contractor is an independent contractor for purposes of the Idaho Worker's Compensation laws, and is solely liable for worker's compensation coverage under this contract. (d) Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by the Contractor, except the following: i. Administration support expenses ii. Office space with furniture iii. Computer systems, including software and printers iv. Wired telephone system v. Inspection tags and notices (e) Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. 11. Subcontracts and Assignments; Successors in Interest. To insure the appropriate, uninterrupted, adequate and timely service to the residents of the City of Meridian, Contractor shall not enter into any contracts or subcontracts for any of the work required by this contract, or assign or transfer any of its interest in this contract, without the prior written consent of the City. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Contract, when City, in its reasonable discretion, determines that the proposed assignment or transfer would not serve the bests interests of the citizens of Meridian. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns, if any. 12. Transition. In the event this contract is terminated, or is not renewed or extended, the parties agree that a period of transition will be necessary to assure adequate protection of the public and continuity of service to contractors. Contractor agrees that for thirty (30) days after termination of this agreement, it will provide such services as are requested by City. During the thirty (30) day period, City will compensate Contractor $75.00 per hour for each hour worked. Contractor will submit detailed billings, including time records containing: date, service, personnel information, and time expended (recorded in one-quarter hour increments). Payment will be made no later than the 15th of the month for billing statements submitted not later than the first day of that month. 13. Insurance and Bonding. (a) General Liability Insurance. Contractor will have in place liability coverage while serving the City pursuant to this contract. Contractor shall obtain FY08 Contract for Personal Services, RM, Inc. Page 5 0 • and, at all times, keep in effect comprehensive general liability insurance with a combined single limit not less than $1,000,000 or the equivalent for property damage and bodily injury or death per occurrence. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy referred to in this paragraph, Contractor shall immediately notify City orally and then in writing within three (3) days. City has the right to suspend portions or all of the services, operations and duties due under this contract if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor will be afforded a reasonable time to obtain insurance. If Contractor can not obtain insurance within a reasonable time, City may terminate this contract. (b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's expense, and maintain in effect during this Contract, Automobile Liability Insurance with a combined single limit per occurrence of not less than $500,000 naming the City of Meridian as an additional insured. (c) Additional Insured. Contractor shall name the City, its officers, employees, and agents as Additional Insured on any insurance policies required herein only with respect to Contractor's activities being performed under this Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued by an insurance company licensed to do business in the State of Idaho (ACORD Form 27), containing a 30 -day Notice of Cancellation endorsement and shall be forwarded to City. (d) Error and Omission Insurance. Contractor shall maintain error and omission or professional liability insurance for the services under this contract in an amount not less than $500,000 per occurrence. (e) Worker's Compensation Insurance. Contractor shall maintain worker's compensation insurance for the services under this contract. (fl Proof of Insurance. Certificates of Insurance (ACORD Form 27 or equivalent) shall be provided for all required coverages and furnished to the City Clerk with a copy to the Development Services Manager. 14. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the City, its officers, employees, agents, and members, from all claims, suits, actions or costs including attorney fees and costs of defense resulting from or arising out of the work performed under this contract and arising from the sole or joint negligence of the Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save, hold harmless and indemnify Contractor from all claims, suits, actions or costs, including attorney fees and costs of defense resulting or arising out of this contract and arising from the sole negligence of City. FY08 Contract for Personal Services, RM, Inc. Page 6 0 • 15. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this contract, on the grounds of race, color, creed, national origin, sex, marital status, disability or age. 16. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this contract, the non -prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. 17. Governing Law; Jurisdiction; Venue. This contract shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. 18. Subject Employers. The Contractor, its subcontractors, if any, and all employers working under this contract are subject employers under the Idaho Worker's Compensation Law and shall comply with said law, which requires them to provide worker's compensation coverage for all their subject workers. 19. Amendments. The terms of this Contract may be amended upon the mutual consent of the parties. Contractor expressly agrees to amendments which may be necessary from time to time to incorporate changes or provisions required by law or the Division. 20. Severability. The terms of this Contract are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Contract that results in the invalidity of any part, shall not affect the remainder of this Contract. Dated day of , 2007. FY08 Contract for Personal Services, RIMI, Inc. Page 7 Attest: WILLIAM G. BERG, JR., CITY CLERK STATE OF IDAHO, ) ss: County of Ada, ) • RIMI, INC. TERRY G. MEDLEY, PRESIDENT CITY OF MERIDIAN TAMMY de WEERD, MAYOR On this day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Terry G. Medley, known or identified to me to be the President of RIMI, Inc., and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for RIMI, Inc. 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) Notary Public for Idaho Residing at: My Commission Expires: FY08 Contract for Personal Services, RM, Inc. Page 8 0 STATE OF IDAHO, ) ss: County of Ada, ) 0 On this day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. 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) Notary Public for Idaho Residing at: My Commission Expires: FY08 Contract for Personal Services, RM, Inc. Page 9 EXHIBIT "A" SERVICES TO BE PERFORMED BY REM, INC. 1. Computerized Permit Tracking Program. Contractor shall provide data and input into the City of Meridian's computerized Mechanical Permit Tracking program. All mechanical permit applications received shall be entered into the program and each step of the mechanical permit process shall be entered into the computer as soon as possible following completion of that step. Every reasonable attempt shall be made to keep all entries current, however, the Mechanical Permit Tracking program shall never be allowed to become more than two working days behind the current status of each mechanical permit. 2. Public Office. Contractor shall maintain regular business hours, or be available by telephone, through the City of Meridian's Building Department located at 660 E. Watertower Lane, Suite 150, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as determined by the Building Department. The City of Meridian agrees to provide office space, computers, telephone system, and clerical staff, as may be necessary for Contractor to carry out the regulation of design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use of maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, or other miscellaneous heat -producing appliances, issuance of permits, and collection of fees, and to carry out all of the regulations, provisions, conditions and terms of the International Mechanical Code and the International Mechanical Code Standards, public assistance, and/or any other business transactions related to this contract that would need to be conducted by the Mechanical Inspector. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 3. Coordination. Contractor shall mutually coordinate plan reviews with the City Planning officials, Public Works officials and appropriate fire marshals. Field inspections will verify and incorporate requirements of approved plan documents on which permits are granted. 4. Conflicts. Contractor shall report to the Development Services Manager any potential conflicts of interest it may have relative to a construction project. 5. Administration and Enforcement of Codes and City Ordinances. Contractor shall enforce and comply with building provisions as may be codified or ordained by the City. Contractor shall assist the City in enforcing its planning and zoning ordinances, and other ordinances related to mechanical sites, and mechanical uses. Contractor shall report to the City of Meridian Development Services Manager any observed Exhibit "A" Page 1 violations of the City's planning and zoning ordinances, or other ordinances of which Contractor has knowledge. 6. Organization of Contractor. City shall be apprised in writing of Contractor's corporate organization and name of Directors at all times. All personnel and subcontractors will possess the appropriate inspection certifications. A list of personnel assigned to perform duties under this contract will be given to the Development Services Manager and updated in writing as any changes are made. 7. Performance of Services and Duties. Contractor, who is the Mechanical Inspector, shall ensure that he interprets all applicable codes reasonably and impartially. In addition, Contractor shall ensure that all of its personnel and subcontractors perform all duties required under this contract in a courteous and professional manner. Contractor is directly responsible to, and reports to, the Development Services Manager. 8. Disaster and Emergency Within the City of Meridian. If an emergency, natural disaster, enemy attack or other major incident exists within the City of Meridian, Contractor shall perform initial damage assessment services on a pro- bono basis. These services include, but may not be limited to: field assessment and inspections of damage to private and public property, collect damage information, assist in the compilation of damage assessment reports, assist in the completion of a disaster summary outline, review building codes for possible improvements, and assimilate information on damage to private, public structures and businesses and any other services for initial damage assessment under the Ada County Emergency Operations Plan - - Damage Assessment Annex. At the discretion of the City, any state and federal financial assistance to the City for the above services will be applied for and paid to the Contractor. 9. Staffing Levels. Contractor agrees to staff this contract with sufficient qualified personnel or subcontractors to allow City to provide timely inspections and reviews of mechanical projects in the City. The following performance standards are expected. Commercial plan review: 10 working days after receipt of complete application. Calls for inspections: 48 hours after receipt of phone call requesting inspection. Residential permits: 10 working days after receipt of complete application. 10. Mobile Communications. Contractor will provide its personnel, at its own expense, and require its subcontractors to maintain at their own expense, cellular telephones with voice messaging. Exhibit "A" Page 2 PERSONAL SERVICES CONTRACT BETWEEN: CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, hereinafter "City" AND: RIMI, INC., an Idaho corporation, hereinafter "Contractor." DATED: This ATNay of 0c -'4 t v 2007. PREMISES: Whereas, the City of Meridian provides mechanical inspection services and plan reviews for structures constructed within the City of Meridian; and 2. Whereas, the City desires to facilitate the provision of those services by using the personal services of RiMI, Inc.; and 3. Whereas, the Contractor has been providing such services to the City and has established a good reputation for the provision of such services, and is willing and able to continue to provide such services; and 4. Whereas, the City is authorized to obtain, by contract, the services necessary to conduct plan reviews and mechanical inspections. NOW, THEREFORE, the parties hereto agree as follows: 1. Term. This contract shall become effective on the 1St day of October, 2007, and unless earlier terminated or extended, shall expire on or before September 30, 2008. 2. Scope of Services. Contractor shall perform the necessary services in accordance with the schedule as described on Exhibit "A" attached hereto and herein incorporated by reference. Prohibited Work. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property that is inspected by the Contractor. This shall apply to any work that falls under the inspection responsibilities of the Contractor as contemplated by this agreement. The contractor is strictly prohibited from referring any work to themselves or a company that they are associated with personally or professionally that is in any FY08 Contract for Personal Services, RM, Inc. Page 1 • way related to their duties under this Agreement. A violation of this condition can be considered grounds for immediate termination of this Agreement. 4. Compliance With Applicable Law. Contractor shall comply with all Federal, state, city, and local laws and ordinances applicable to the work under this contract, including, without limitation, the provisions of Idaho Administrative Rules and the rules and interpretations of the International Mechanical Code and the International Mechanical Code Standards, as well as all code regulations as specified in the Meridian City Code and Ordinances. 5. Reporting. Contractor agrees to prepare and fiunish such reports and data as may be required by the City. Contractor agrees to, and does hereby grant the City the right to reproduce, use and disclose for City purposes, all or any part of the reports, data, technical information and client information furnished to the City under this contract. Any information or data which comes into possession of Contractor in connection with services provided under this agreement shall become City information and shall not be disclosed by Contractor to anyone outside the City, unless the requester complies with the Idaho Public Records Act. 6. Records Maintenance; Access. Contractor agrees that services provided under this contract by Contractor, facilities used in conjunction with such services, client records, Contractor's policies, procedures, performance data, and other similar documents and records of Contractor that pertain, or may pertain, to services under this contract shall be kept at the office space provided by City and shall be open for inspection by the City, or its agents, at any reasonable time during business hours. Contractor agrees to retain such records and documents for a period of ten years, or such longer period as may be required by Idaho Code § 50-907. 7. Payment of Contract and Inspection Fees shall be according to the value placed on the building permit and based upon the following pay schedule: (a) 75% of the permit fees for the first $30,000 in permit fees collected annually. (b) 60% of the permit fees between $30,000 to $45,000 in permit fees collected annually. (c) 50% of the permit fees between $45,000 to $60,000 in permit fees collected annually. (d) 40% of the permit fees over $60,000 in permit fees collected annually The City of Meridian agrees to provide office space, computers, telephone system, inspection tags, permit notices, and clerical staff, as may be necessary for Contractor to carry out the regulation of design, construction, quality of materials, FY08 Contract for Personal Services, RM, Inc. Page 2 0 • erection, installation, alteration, repair, location, relocation, replacement, addition to, use of maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, or other miscellaneous heat -producing appliances, issuance of permits, and collection of fees, and to cavy out all of the regulations, provisions, conditions and terms of the International Mechanical Code and the International Mechanical Code Standards, public assistance, and/or any other business transactions that would need to be conducted by the Mechanical Inspector that are directly related to providing services under this contract. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 8. Termination (a) All or part of this contract may be terminated by mutual consent of both parties in writing. (b) If Terry G. Medley ceases to act as the Mechanical Inspector for the City of Meridian, as outlined in number 8 here in below, then this contract shall immediately be terminated and become null and void. (c) In addition, City may terminate or modify this contract, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: (i) If Federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract; (ii) If any professional license, insurance, bond or certificate required by law, regulation or this contract to be held by Contractor to provide the services required by this contract, is for any reason denied, revoked, suspended, or not renewed; (iii) If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; (iv) Falsification of records by Contractor; (v) Failure of the Contractor to comply with the provisions of this contract and all applicable Federal, state or local laws and rules, including applicable building and mechanical codes and Idaho Administrative Rules. (vi) If Contractor fails to provide services as set forth in Exhibit "A"; (vii) If Contractor fails to provide services called for by this contract within the times specified on Exhibit "A"; (viii) If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this contract; (ix) If continued or repeated justifiable, documented complaints are made against Contractor or its agents for: FY08 Contract for Personal Services, P -M, Inc. Page 3 • (a) failure to provide services specified on Exhibit "A"; or (b) perform their duties in a courteous and professional manner; (x) If the City Council determines that termination of the contract is in the best interests of the City. (d) Time is of the essence of Contractor's performance of each and every obligation and duty under this Agreement. City, by written notice to Contractor of default or breach may terminate the whole or part of this contract: (i) If Contractor fails to provide services called for by this contract within the time specified herein or any extension thereof; or (ii) If Contractor fails to perform any of the provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice from City fails to correct such failures within 14 calendar days or other period as specified. The rights and remedies provided above are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. A waiver by City of any rights, remedies or provisions provided in this contract or by law, is not a waiver by City of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. City shall not have to reinstate any provisions of this contract following a waiver for the provision to be effective in any other instance. 9. Designated Mechanical Inspection Official. RM, Inc. acknowledges that Terry G. Medley is designated as the licensed Mechanical Inspector for Contractor, with the primary responsibility for providing and performing all duties required under this contract for the City of Meridian. If for any reason Terry G. Medley fails or ceases to continue as the Mechanical Inspector for the City of Meridian, Contractor shall be required to give notice to the City of Meridian. 10. Independent Contractor. Contractor is not an officer, employee or agent of the City. Contractor is engaged as an independent contractor, and will be so deemed for purposes of the following: (a) Contractor will be responsible for payment of any Federal or state taxes required as a result of this contract. (b) Contractor is not entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this contract to the Contractor are: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. FY08 Contract for Personal Services, RDE, Inc. Page 4 0 ! (c) Contractor is an independent contractor for purposes of the Idaho Worker's Compensation laws, and is solely liable for worker's compensation coverage under this contract. (d) Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by the Contractor, except the following: i. Administration support expenses ii. Office space with furniture iii. Computer systems, including software and printers iv. Wired telephone system v. Inspection tags and notices (e) Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. 11. Subcontracts and Assignments; Successors in Interest. To insure the appropriate, uninterrupted, adequate and timely service to the residents of the City of Meridian, Contractor shall not enter into any contracts or subcontracts for any of the work required by this contract, or assign or transfer any of its interest in this contract, without the prior written consent of the City. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Contract, when City, in its reasonable discretion, determines that the proposed assignment or transfer would not serve the bests interests of the citizens of Meridian. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns, if any. 12. Transition. In the event this contract is terminated, or is not renewed or extended, the parties agree that a period of transition will be necessary to assure adequate protection of the public and continuity of service to contractors. Contractor agrees that for thirty (30) days after termination of this agreement, it will provide such services as are requested by City. During the thirty (30) day period, City will compensate Contractor $75.00 per hour for each hour worked. Contractor will submit detailed billings, including time records containing: date, service, personnel information, and time expended (recorded in one-quarter hour increments). Payment will be made no later than the 15th of the month for billing statements submitted not later than the first day of that month. 13. Insurance and Bonding. (a) General Liability Insurance. Contractor will have in place liability coverage while serving the City pursuant to this contract. Contractor shall obtain FY08 Contract for Personal Services, RM, Inc. Page 5 0 • and, at all times, keep in effect comprehensive general liability insurance with a combined single limit not less than $1,000,000 or the equivalent for property damage and bodily injury or death per occurrence. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy referred to in this paragraph, Contractor shall immediately notify City orally and then in writing within. three (3) days. City has the right to suspend portions or all of the services, operations and duties due under this contract if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor will be afforded a reasonable time to obtain insurance. If Contractor can not obtain insurance within a reasonable time, City may terminate this contract. (b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's expense, and maintain in effect during this Contract, Automobile Liability Insurance with a combined single limit per occurrence of not less than $500,000 naming the City of Meridian as an additional insured. (c) Additional Insured. Contractor shall name the City, its officers, employees, and agents as Additional Insured on any insurance policies required herein only with respect to Contractor's activities being performed under this Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued by an insurance company licensed to do business in the State of Idaho (ACORD Form 27), containing a 30 -day Notice of Cancellation endorsement and shall be forwarded to City. (d) Error and Omission Insurance. Contractor shall maintain error and omission or professional liability insurance for the services under this contract in an amount not less than $500,000 per occurrence. (e) Worker's Compensation Insurance. Contractor shall maintain worker's compensation insurance for the services under this contract. (f) Proof of Insurance. Certificates of Insurance (ACORD Form 27 or equivalent) shall be provided for all required coverages and furnished to the City Clerk with a copy to the Development Services Manager. 14. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the City, its officers, employees, agents, and members, from all claims, suits, actions or costs including attorney fees and costs of defense resulting from or arising out of the work performed under this contract and arising from the sole or joint negligence of the Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save, hold harmless and indemnify Contractor from all claims, suits, actions or costs, including attorney fees and costs of defense resulting or arising out of this contract and arising from the sole negligence of City. FY08 Contract for Personal Services, RM, Inc. Page 6 0 . 15. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this contract, on the grounds of race, color, creed, national origin, sex, marital status, disability or age. 16. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this contract, the non -prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. 17. Governing Law; Jurisdiction; Venue. This contract shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. 18. Subject Employers. The Contractor, its subcontractors, if any, and all employers working under this contract are subject employers under the Idaho Worker's Compensation Law and shall comply with said law, which requires them to provide worker's compensation coverage for all their subject workers. 19. Amendments. The terms of this Contract may be amended upon the mutual consent of the parties. Contractor expressly agrees to amendments which may be necessary from time to time to incorporate changes or provisions required by law or the Division. 20. Severability. The terms of this Contract are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Contract that results in the invalidity of any part, shall not affect the remainder of this Contract. Dated day of Oc k 6 -en, .2007. FY08 Contract for Personal Services, RDE, Inc. Page 7 0 • RM, INC. TERRY . MEDLEY, PRE IDENT CITY OF MERIDIAN By: AOS Attest: /P- /a'6/t WILLIAM G. BERG, JR., Qp�1 \ STATE OF IDAHO, ) ss: County of Ada, ) N ,ERD, MAYOR N/CBtvrrGc.G 10-4'-07 On this _� day of oa-66ar , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Terry G. Medley, known or identified to me to be the President of RIlVII, Inc., and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for RIMI, Inc. 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) TA Of VD '0a.h•e....s FY08 Contract for Personal Services, RD41, Inc. N at: f VW My Commission Expires: Page 8 0 0 STATE OF IDAHO, ) ss: County of Ada, ) On this lL-01"'-' day of a }pbe-r- , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. FY08 Contract for Personal Services, RD II, Inc. Notary Public for Idaho Residing at: 0WdLLLXLj, IV My Commission Expires: ►()-1, -1 t Page 9 • 0 EXHIBIT "A" SERVICES TO BE PERFORMED BY RINH, INC. 1. Computerized Permit Tracking Program. Contractor shall provide data and input into the City of Meridian's computerized Mechanical Permit Tracking program. All mechanical permit applications received shall be entered into the program and each step of the mechanical permit process shall be entered into the computer as soon as possible following completion of that step. Every reasonable attempt shall be made to keep all entries current, however, the Mechanical Permit Tracking program shall never be allowed to become more than two working days behind the current status of each mechanical permit. 2. Public Office. Contractor shall maintain regular business hours, or be available by telephone, through the City of Meridian's Building Department located at 660 E. Watertower Lane, Suite 150, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as determined by the Building Department. The City of Meridian agrees to provide office space, computers, telephone system, and clerical staff, as may be necessary for Contractor to carry out the regulation of design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use of maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, or other miscellaneous heat -producing appliances, issuance of permits, and collection of fees, and to carry out all of the regulations, provisions, conditions and terms of the International Mechanical Code and the International Mechanical Code Standards, public assistance, and/or any other business transactions related to this contract that would need to be conducted by the Mechanical Inspector. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 3. Coordination. Contractor shall mutually coordinate plan reviews with the City Planning officials, Public Works officials and appropriate fire marshals. Field inspections will verify and incorporate requirements of approved plan documents on which permits are granted. 4. Conflicts. Contractor shall report to the Development Services Manager any potential conflicts of interest it may have relative to a construction project. 5. Administration and Enforcement of Codes and City Ordinances. Contractor shall enforce and comply with building provisions as may be codified or ordained by the City. Contractor shall assist the City in enforcing its planning and zoning ordinances, and other ordinances related to mechanical sites, and mechanical uses. Contractor shall report to the City of Meridian Development Services Manager any observed Ddiibit "A" Page 1 violations of the City's planning and zoning ordinances, or other ordinances of which Contractor has knowledge. 6. Organization of Contractor. City shall be apprised in writing of Contractor's corporate organization and name of Directors at all times. All personnel and subcontractors will possess the appropriate inspection certifications. A list of personnel assigned to perform duties under this contract will be given to the Development Services Manager and updated in writing as any changes are made. 7. Performance of Services and Duties. Contractor, who is the Mechanical Inspector, shall ensure that he interprets all applicable codes reasonably and impartially. In addition, Contractor shall ensure that all of its personnel and subcontractors perform all duties required under this contract in a courteous and professional manner. Contractor is directly responsible to, and reports to, the Development Services Manager. Disaster and Emergency Within the City of Meridian. If an emergency, natural disaster, enemy attack or other major incident exists within the City of Meridian, Contractor shall perform initial damage assessment services on a pro- bono basis. These services include, but may not be limited to: field assessment and inspections of damage to private and public property, collect damage information, assist in the compilation of damage assessment reports, assist in the completion of a disaster summary outline, review building codes for possible improvements, and assimilate information on damage to private, public structures and businesses and any other services for initial damage assessment under the Ada County Emergency Operations Plan - - Damage Assessment Annex. At the discretion of the City, any state and federal financial assistance to the City for the above services will be applied for and paid to the Contractor. 9. Staffing Levels. Contractor agrees to staff this contract with sufficient qualified personnel or subcontractors to allow City to provide timely inspections and reviews of mechanical projects in the City. The following performance standards are expected. Commercial plan review: 10 working days after receipt of complete application. Calls for inspections: 48 hours after receipt of phone call requesting inspection. Residential permits: 10 working days after receipt of complete application. 10. Mobile Communications. Contractor will provide its personnel, at its own expense, and require its subcontractors to maintain at their own expense, cellular telephones with voice messaging. Exhibit "A" Page 2 0 October 12, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT October 16, 2007 0 ITEM NO. 5 - REQUEST Personal Services Contract between the City of Meridian and DMH Enterprises to provide plumbing inspection services and plan reviews for structures constructed within the City of Meridian AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See affached CITY ATTORNEY CITY POLICE DEPT. CITY FIRE DEPT. CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT. CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubpc meetings shall become properly of the City of Meridian. • PERSONAL SERVICES CONTRACT BETWEEN: CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, hereinafter "City" AND: DMH ENTERPRISES, an Idaho Company, hereinafter "Contractor." DATED: This day of , 2007. PREMISES: 1. Whereas, the City of Meridian provides plumbing inspection services and plan reviews for structures constructed within the City of Meridian; and 2. Whereas, the City desires to facilitate the provision of those services by using the personal services of DMH Enterprises and 3. Whereas, the Contractor has been providing such services to the City and has established a good reputation for the provision of such services, and is willing and able to continue to provide such services; and 4. Whereas, the City is authorized to obtain, by contract, the services necessary to conduct plan reviews and plumbing inspections. NOW, THEREFORE, the parties hereto agree as follows: 1. Term. This contract shall become effective on the 1St day of October, 2007, and unless earlier terminated or extended, shall expire on or before September 30, 2008. 2. Scope of Services. Contractor shall perform the necessary services in accordance with the schedule as described on Exhibit "A" attached hereto and herein incorporated by reference. 3. Prohibited Work. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property that is inspected by the Contractor. This shall apply to any work that falls under the inspection responsibilities of the Contractor as contemplated by this agreement. The contractor is strictly prohibited from referring any work to themselves or a company that they are associated with personally or professionally that is in any way related to their duties under this Agreement. A violation of this condition can be considered grounds for immediate termination of this Agreement. FY08 Contract for Personal Services, DMH Enterprises Page 1 0 • 4. Compliance With Applicable Law. Contractor shall comply with all Federal, state, city, and local laws and ordinances applicable to the work under this contract, including, without limitation, the provisions of Idaho Administrative Rules and the rules and interpretations of the Uniform Plumbing Code and the Uniform Plumbing Code Standards, as well as all code regulations as specified in the Meridian City Code and Ordinances. 5. Reporting. Contractor agrees to prepare and furnish such reports and data as may be required by the City. Contractor agrees to, and does hereby grant the City the right to reproduce, use and disclose for City purposes, all or any part of the reports, data, technical information and client information furnished to the City under this contract. Any information or data which comes into possession of Contractor in connection with services provided under this agreement shall become City information and shall not be disclosed by Contractor to anyone outside the City, unless the requester complies with the Idaho Public Records Act. 6. Records Maintenance; Access. Contractor agrees that services provided under this contract by Contractor, facilities used in conjunction with such services, client records, Contractor's policies, procedures, performance data, and other similar documents and records of Contractor that pertain, or may pertain, to services under this contract shall be kept at the office space provided by City and shall be open for inspection by the City, or its agents, at any reasonable time during business hours. Contractor agrees to retain such records and documents for a period of ten years, or such longer period as may be required by Idaho Code § 50-907. 7. Payment of Contract and Inspection Fees shall be according to the value placed on the plumbing permit and based upon the following pay schedule: (a) 50% of the permit fees for the first $100,000 in permit fees collected annually. (b) 40% of the permit fees between $100,000 to $200,000 in permit fees collected annually. (c) 30% of the permit fees over $200,000 in permit fees collected annually. (d) Upon permit reconciliation, if the number of fixtures on a residential permit or the value of a commercial permit are under or over reported, the difference will be adjusted and added or subtracted to the original permit fee. The City of Meridian agrees to provide office space, computers, telephone system, inspection tags, permit notices, and clerical staff, as may be necessary for FY08 Contract for Personal Services, DMH Enterprises Page 2 0 . Contractor to carry out the issuance of permits, collection of fees, of all building or structures, and to carry out the regulations, provisions, conditions and terms of the Uniform Plumbing Code and the Uniform Plumbing Code Standards, and enforce all code regulations within the Meridian City Code and Meridian City Ordinances for the City of Meridian, and/or any other business transactions that would need to be conducted by the Plumbing Inspector that are directly related to providing services under this contract. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 8. Termination (a) All or part of this contract may be terminated by mutual consent of both parties in writing. (b) If Dennis Holte ceases to act as the Plumbing Inspector for the City of Meridian, as outlined in number 8 here in below, then this contract shall immediately be terminated and become null and void. (c) In addition, City may terminate or modify this contract, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: (i) If Federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract; (ii) If any professional license, insurance, bond or certificate required by law, regulation or this contract to be held by Contractor to provide the services required by this contract, is for any reason denied, revoked, suspended, or not renewed; (iii) If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; (iv) Falsification of records by Contractor; (v) Failure of the Contractor to comply with the provisions of this contract and all applicable Federal, state or local laws and rules, including applicable building codes and Idaho Administrative Rules. (vi) If Contractor fails to provide services as set forth in Exhibit "A"; (vii) If Contractor fails to provide services called for by this contract within the times specified on Exhibit "A"; (viii) If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this contract; (ix) If continued or repeated justifiable, documented complaints are made against Contractor or its agents for: (a) failure to provide services specified on Exhibit "A"; or (b) perform their duties in a courteous and professional manner; FY08 Contract for Personal Services, DMH Enterprises Page 3 (x) If the City Council determines that termination of the contract is in the best interests of the City. (d) Time is of the essence of Contractor's performance of each and every obligation and duty under this Agreement. City, by written notice to Contractor of default or breach, may terminate the whole or part of this contract: (i) If Contractor fails to provide services called for by this contract within the time specified herein or any extension thereof; or (ii) If Contractor fails to perform any of the provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice from City fails to correct such failures within 14 calendar days or other period as specified. The rights and remedies provided above are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. A waiver by City of any rights, remedies or provisions provided in this contract or by law, is not a waiver by City of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. City shall not have to reinstate any provisions of this contract following a waiver for the provision to be effective in any other instance. 9. Designated Plumbing Inspector. DMH ENTERPRISES acknowledges that Dennis Holte is designated as the licensed Plumbing Inspector with the primary responsibility for providing and performing all duties required under this contract for the City of Meridian. If for any reason Dennis Holte fails or ceases to continue as the Plumbing Inspector for the City of Meridian, Contractor shall be required to give notice to the City of Meridian. 10. Independent Contractor. Contractor is not an officer, employee or agent of the City. Contractor is engaged as an independent contractor, and will be so deemed for purposes of the following: (a) Contractor will be responsible for payment of any Federal or state taxes required as a result of this contract. (b) Contractor is not entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this contract to the Contractor are: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. (c) Contractor is an independent contractor for purposes of the Idaho Worker's Compensation laws, and is solely liable for worker's compensation coverage under this contract. FY08 Contract for Personal Services, DMH Enterprises Page 4 0 • (d) Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by the Contractor, except the following: i. Administration support expenses ii. Office space with furniture Computer systems, including software and printers iv. Wired telephone system V. Inspection tags and notices (e) Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. 11. Subcontracts and Assignments; Successors in Interest. To insure the appropriate, uninterrupted, adequate and timely service to the residents of the City of Meridian, Contractor shall not enter into any contracts or subcontracts for any of the work required by this contract, or assign or transfer any of its interest in this contract, without the prior written consent of the City. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Contract, when City, in its reasonable discretion, determines that the proposed assignment or transfer would not serve the bests interests of the citizens of Meridian. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns, if any. 12. Transition. In the event this contract is terminated, or is not renewed or extended, the parties agree that a period of transition will be necessary to assure adequate protection of the public and continuity of service to contractors. Contractor agrees that for thirty (30) days after termination of this agreement, it will provide such services as are requested by City. During the thirty (30) day period, City will compensate Contractor $75.00 per hour for each hour worked. Contractor will submit detailed billings, including time records containing: date, service, personnel information, and time expended (recorded in one-quarter hour increments). Payment will be made no later than the 15th of the month for billing statements submitted not later than the first day of that month. 13. Insurance and Bonding. (a) General Liability Insurance. Contractor will have in place liability coverage while serving the City pursuant to this contract. Contractor shall obtain and, at all times, keep in effect comprehensive general liability insurance with a combined single limit not less than $1,000,000 or the equivalent for property damage and bodily injury or death per occurrence. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy FY08 Contract for Personal Services, DMH Enterprises Page 5 0 • referred to in this paragraph, Contractor shall immediately notify City orally and then in writing within three (3) days. City has the right to suspend portions or all of the services, operations and duties due under this contract if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor will be afforded a reasonable time to obtain insurance. If Contractor can not obtain insurance within a reasonable time, City may terminate this contract. (b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's expense, and maintain in effect during this Contract, Automobile Liability Insurance with a combined single limit per occurrence of not less than $500,000 naming the City of Meridian as an additional insured. (c) Additional Insured. Contractor shall name the City, its officers, employees, and agents as Additional Insured on any insurance policies required herein only with respect to Contractor's activities being performed under this Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued by an insurance company licensed to do business in the State of Idaho (ACORD Form 27), containing a 30 -day Notice of Cancellation endorsement and shall be forwarded to City. (d) Error and Omission Insurance. Contractor shall maintain error and omission or professional liability insurance for the services under this contract in an amount not less than $500,000. (e) Worker's Compensation Insurance. Contractor shall maintain worker's compensation insurance for the services under this contract. (fl Proof of Insurance. Certificates of Insurance (ACORD Form 27 or equivalent) shall be provided for all required coverages and furnished to the City Clerk with a copy to the Development Service Manager. 14. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the City, its officers, employees, agents, and members, from all claims, suits, actions or costs including attorney fees and costs of defense resulting from or arising out of the work performed under this contract and arising from the sole or joint negligence of the Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save, hold harmless and indemnify Contractor from all claims, suits, actions or costs, including attorney fees and costs of defense resulting or arising out of this contract and arising from the sole negligence of City. 15. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this contract, on the grounds of race, color, creed, national origin, sex, marital status, disability or age. FY08 Contract for Personal Services, DMH Enterprises Page 6 0 • 16. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this contract, the non -prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. 17. Governing Law; Jurisdiction; Venue. This contract shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. 18. Subject Employers. The Contractor, its subcontractors, if any, and all employers working under this contract are subject employers under the Idaho Worker's Compensation Law and shall comply with said law, which requires them to provide worker's compensation coverage for all their subject workers. 19. Amendments. The terms of this Contract may be amended upon the mutual consent of the parties. Contractor expressly agrees to amendments which may be necessary from time to time to incorporate changes or provisions required by law or the Division. 20. Severability. The terms of this Contract are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Contract that results in the invalidity of any part, shall not affect the remainder of this Contract. Dated day of 2007. FY08 Contract for Personal Services, DMH Enterprises Page 7 0 • DMH ENTERPRISES DENNIS HOLTE, OWNER CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR Attest: WILLIAM G. BERG, JR., CITY CLERK STATE OF IDAHO, ) ss: County of Ada, ) On this day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared DENNIS HOLTE, known or identified to me to be the Owner of DMH ENTERPRISES, and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for DMH ENTERPRISES. 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) Notary Public for Idaho Residing at: My Commission Expires: FY08 Contract for Personal Services, DMH Enterprises Page 8 i STATE OF IDAHO, ) ss: County of Ada, ) On this day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G.BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. 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) Notary Public for Idaho Residing at: My Commission Expires: FY08 Contract for Personal Services, DMH Enterprises Page 9 0 • EXHIBIT "A" SERVICES TO BE PERFORMED BY DMH ENTERPRISES 1. Computerized Permit Tracking Program. Contractor shall provide data and input it into the City of Meridian's computerized Plumbing Permit Tracking program. All plumbing permit applications received shall be entered into the program and each step of the plumbing permit process shall be entered into the computer as soon as possible following completion of that step. Every reasonable attempt shall be made to keep all entries current, however, the Plumbing Permit Tracking program shall never be allowed to become more than two working days behind the current status of each plumbing permit. 2. Public Office. Contractor shall maintain regular business hours, or be available by telephone, through the City of Meridian's Building Department located at 660 E. Watertower Lane, Suite 150, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as determined by the Building Department. The City of Meridian agrees to provide office space, computers, telephone system, and clerical staff, as may be necessary for Contractor to carry out the issuance of permits, collection of fees, of all building or structures, and to carry out the regulations, provisions, conditions and terms of the Uniform Plumbing Code and the Uniform Plumbing Code Standards, and enforce all code regulations within the Meridian City Code and Meridian City Ordinances for the City of Meridian, and/or any other business transactions related to this contract that would need to be conducted by the Plumbing Inspector. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 3. Coordination. Contractor shall mutually coordinate plan reviews with the City Planning officials, Public Works officials and appropriate fire marshals. Field inspections will verify and incorporate requirements of approved plan documents on which permits are granted. 4. Conflicts. Contractor shall report to the Development Services Manager any potential conflicts of interest it may have relative to a construction project. 5. Administration and Enforcement of Codes and City Ordinances. Contractor shall enforce and comply with building provisions as may be codified or ordained by the City. Contractor shall assist the City in enforcing its planning and zoning ordinances, including the Flood Plain ordinance, and other ordinances related to plumbing sites, and plumbing uses as well as the current code adopted by the City of Meridian. Contractor shall report to the Development Services Manager any Exhibit "A" — Page I 0 0 observed violations of the City's planning and zoning ordinances, or other ordinances of which Contractor has knowledge. 6. Organization of Contractor. City shall be apprised in writing of Contractor's corporate organization and name of Directors at all times. All personnel and subcontractors will possess the appropriate inspection certifications. A list of personnel assigned to perform duties under this contract will be given to the Development Services Manager and updated in writing as any changes are made. 7. Performance of Services and Duties. Contractor, who is the Plumbing Official, shall ensure that he interprets all applicable codes reasonably and impartially. In addition, Contractor shall ensure that all of its personnel and subcontractors perform all duties required under this contract in a courteous and professional manner. Contractor is directly responsible to, and reports to, the Development Services Manager. 8. Disaster and Emergency Within the City of Meridian. If an emergency, natural disaster, enemy attack or other major incident exists within the City of Meridian, Contractor shall perform initial damage assessment services on a pro- bono basis. These services include, but may not be limited to: field assessment and inspections of damage to private and public property, collect damage information, assist in the compilation of damage assessment reports, assist in the completion of a disaster summary outline, review building codes for possible improvements, and assimilate information on damage to private, public structures and businesses and any other services for initial damage assessment under the Ada County Emergency Operations Plan - - Damage Assessment Annex. At the discretion of the City, any state and federal financial assistance to the City for the above services will be applied for and paid to the Contractor. 9. Staffing Levels. Contractor agrees to staff this contract with sufficient qualified personnel or subcontractors to allow City to provide timely inspections and reviews of building projects in the City. The following performance standards are expected: Commercial plan review: 10 working days after receipt of complete application. Calls for inspections48 hours after receipt of phone call requesting inspection. Residentiallambing ermits- 10 working days after receipt of complete application. 10. Mobile Communications. Contractor will provide its personnel, at its own expense, and require its subcontractors to maintain at their own expense, cellular telephones with voice messaging. Exhibit "A" — Page 2 PERSONAL SERVICES CONTRACT BETWEEN: CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, hereinafter "City" AND: DMH ENTERPRISES, an Idaho Company, hereinafter "Contractor." DATED: This loeday of 006"ll 2007. PREMISES: 1. Whereas, the City of Meridian provides plumbing inspection services and plan reviews for structures constructed within the City of Meridian; and 2. Whereas, the City desires to facilitate the provision of those services by using the personal services of DMH Enterprises and 3. Whereas, the Contractor has been providing such services to the City and has established a good reputation for the provision of such services, and is willing and able to continue to provide such services; and 4. Whereas, the City is authorized to obtain, by contract, the services necessary to conduct plan reviews and plumbing inspections. NOW, THEREFORE, the parties hereto agree as follows: 1. Term. This contract shall become effective on the 1St day of October, 2007, and unless earlier terminated or extended, shall expire on or before September 30, 2008. 2. Scope of Services. Contractor shall perform the necessary services in accordance with the schedule as described on Exhibit "A" attached hereto and herein incorporated by reference. 3. Prohibited Work. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property that is inspected by the Contractor. This shall apply to any work that falls under the inspection responsibilities of the Contractor as contemplated by this agreement. The contractor is strictly prohibited from referring any work to themselves or a company that they are associated with personally or professionally that is in any way related to their duties under this Agreement. A violation of this condition can be considered grounds for immediate termination of this Agreement. FY08 Contract for Personal Services, DMH Enterprises Page 1 4. Compliance With Applicable Law. Contractor shall comply with all Federal, state, city, and local laws and ordinances applicable to the work under this contract, including, without limitation, the provisions of Idaho Administrative Rules and the rules and interpretations of the Uniform Plumbing Code and the Uniform Plumbing Code Standards, as well as all code regulations as specified in the Meridian City Code and Ordinances. 5. Reporting. Contractor agrees to prepare and furnish such reports and data as may be required by the City. Contractor agrees to, and does hereby grant the City the right to reproduce, use and disclose for City purposes, all or any part of the reports, data, technical information and client information furnished to the City under this contract. Any information or data which comes into possession of Contractor in connection with services provided under this agreement shall become City information and shall not be disclosed by Contractor to anyone outside the City, unless the requester complies with the Idaho Public Records Act. 6. Records Maintenance; Access. Contractor agrees that services provided under this contract by Contractor, facilities used in conjunction with such services, client records, Contractor's policies, procedures, performance data, and other similar documents and records of Contractor that pertain, or may pertain, to services under this contract shall be kept at the office space provided by City and shall be open for inspection by the City, or its agents, at any reasonable time during business hours. Contractor agrees to retain such records and documents for a period of ten years, or such longer period as may be required by Idaho Code § 50-907. 7. Payment of Contract and Inspection Fees shall be according to the value placed on the plumbing permit and based upon the following pay schedule: (a) 50% of the permit fees for the first $100,000 in permit fees collected annually. (b) 40% of the permit fees between $100,000 to $200,000 in permit fees collected annually. (c) 30% of the permit fees over $200,000 in permit fees collected annually. (d) Upon permit reconciliation, if the number of fixtures on a residential permit or the value of a commercial permit are under or over reported, the difference will be adjusted and added or subtracted to the original permit fee. The City of Meridian agrees to provide office space, computers, telephone system, inspection tags, permit notices, and clerical staff, as may be necessary for FY08 Contract for Personal Services, DMH Enterprises Page 2 Contractor to carry out the issuance of permits, collection of fees, of all building or structures, and to carry out the regulations, provisions, conditions and terms of the Uniform Plumbing Code and the Uniform Plumbing Code Standards, and enforce all code regulations within the Meridian City Code and Meridian City Ordinances for the City of Meridian, and/or any other business transactions that would need to be conducted by the Plumbing Inspector that are directly related to providing services under this contract. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. Termination (a) All or part of this contract may be terminated by mutual consent of both parties in writing. (b) If Dennis Holte ceases to act as the Plumbing Inspector for the City of Meridian, as outlined in number 8 here in below, then this contract shall immediately be terminated and become null and void. (c) In addition, City may terminate or modify this contract, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: (i) If Federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract; (ii) If any professional license, insurance, bond or certificate required by law, regulation or this contract to be held by Contractor to provide the services required by this contract, is for any reason denied, revoked, suspended, or not renewed; (iii) If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; (iv) Falsification of records by Contractor; (v) Failure of the Contractor to comply with the provisions of this contract and all applicable Federal, state or local laws and Hiles, including applicable building codes and Idaho Administrative Rules. (vi) If Contractor fails to provide services as set forth in Exhibit "A"; (vii) If Contractor fails to provide services called for by this contract within the times specified on Exhibit "A"; (viii) If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this contract; (ix) If continued or repeated justifiable, documented complaints are made against Contractor or its agents for: (a) failure to provide services specified on Exhibit "A"; or (b) perform their duties in a courteous and professional manner; FY08 Contract for Personal Services, DMH Enterprises Page 3 • 0 (x) If the City Council determines that termination of the contract is in the best interests of the City. (d) Time is of the essence of Contractor's performance of each and every obligation and duty under this Agreement. City, by written notice to Contractor of default or breach, may terminate the whole or part of this contract: (i) If Contractor fails to provide services called for by this contract within the time specified herein or any extension thereof; or (ii) If Contractor fails to perform any of the provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice from City fails to correct such failures within 14 calendar days or other period as specified. The rights and remedies provided above are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. A waiver by City of any rights, remedies or provisions provided in this contract or by law, is not a waiver by City of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. City shall not have to reinstate any provisions of this contract following a waiver for the provision to be effective in any other instance. 9. Designated Plumbing Inspector. DMH ENTERPRISES acknowledges that Dennis Holte is designated as the licensed Plumbing Inspector with the primary responsibility for providing and performing all duties required under this contract for the City of Meridian. If for any reason Dennis Holte fails or ceases to continue as the Plumbing Inspector for the City of Meridian, Contractor shall be required to give notice to the City of Meridian. 10. Independent Contractor. Contractor is not an officer, employee or agent of the City. Contractor is engaged as an independent contractor, and will be so deemed for purposes of the following: (a) Contractor will be responsible for payment of any Federal or state taxes required as a result of this contract. (b) Contractor is not entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this contract to the Contractor are: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. (c) Contractor is an independent contractor for purposes of the Idaho Worker's Compensation laws, and is solely liable for worker's compensation coverage under this contract. FY08 Contract for Personal Services, DMH Enterprises Page 4 0 . (d) Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by the Contractor, except the following: i. Administration support expenses ii. Office space with fiuniture Computer systems, including software and printers iv. Wired telephone system V. Inspection tags and notices (e) Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. 11. Subcontracts and Assignments; Successors in Interest. To insure the appropriate, uninterrupted, adequate and timely service to the residents of the City of Meridian, Contractor shall not enter into any contracts or subcontracts for any of the work required by this contract, or assign or transfer any of its interest in this contract, without the prior written consent of the City. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Contract, when City, in its reasonable discretion, determines that the proposed assignment or transfer would not serve the bests interests of the citizens of Meridian. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns, if any. 12. Transition. In the event this contract is terminated, or is not renewed or extended, the parties agree that a period of transition will be necessary to assure adequate protection of the public and continuity of service to contractors. Contractor agrees that for thirty (30) days after termination of this agreement, it will provide such services as are requested by City. During the thirty (30) day period, City will compensate Contractor $75.00 per hour for each hour worked. Contractor will submit detailed billings, including time records containing: date, service, personnel information, and time expended (recorded in one-quarter hour increments). Payment will be made no later than the 15th of the month for billing statements submitted not later than the first day of that month. 13. Insurance and Bonding. (a) General Liability Insurance. Contractor will have in place liability coverage while serving the City pursuant to this contract. Contractor shall obtain and, at all times, keep in effect comprehensive general liability insurance with a combined single limit not less than $1,000,000 or the equivalent for property damage and bodily injury or death per occurrence. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy FY08 Contract for Personal Services, DMH Enterprises Page 5 referred to in this paragraph, Contractor shall immediately notify City orally and then in writing within three (3) days. City has the right to suspend portions or all of the services, operations and duties due under this contract if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor will be afforded a reasonable time to obtain insurance. If Contractor can not obtain insurance within a reasonable time, City may terminate this contract. (b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's expense, and maintain in effect during this Contract, Automobile Liability Insurance with a combined single limit per occurrence of not less than $500,000 naming the City of Meridian as an additional insured. (c) Additional Insured. Contractor shall name the City, its officers, employees, and agents as Additional Insured on any insurance policies required herein only with respect to Contractor's activities being performed under this Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued by an insurance company licensed to do business in the State of Idaho (ACORD Form 27), containing a 30 -day Notice of Cancellation endorsement and shall be forwarded to City. (d) Error and Omission Insurance. Contractor shall maintain error and omission or professional liability insurance for the services under this contract in an amount not less than $500,000. (e) Worker's Compensation Insurance. Contractor shall maintain worker's compensation insurance for the services under this contract. (f) Proof of Insurance. Certificates of Insurance (ACORD Form 27 or equivalent) shall be provided for all required coverages and fiunished to the City Clerk with a copy to the Development Service Manager. 14. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the City, its officers, employees, agents, and members, from all claims, suits, actions or costs including attorney fees and costs of defense resulting from or arising out of the work performed under this contract and arising from the sole or joint negligence of the Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save, hold harmless and indemnify Contractor from all claims, suits, actions or costs, including attorney fees and costs of defense resulting or arising out of this contract and arising from the sole negligence of City. 15. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this contract, on the grounds of race, color, creed, national origin, sex, marital status, disability or age. FY08 Contract for Personal Services, DMH Enterprises Page 6 16. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this contract, the non -prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. 17. Governing Law; Jurisdiction; Venue. This contract shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. 18. Subject Employers. The Contractor, its subcontractors, if any, and all employers working under this contract are subject employers under the Idaho Worker's Compensation Law and shall comply with said law, which requires them to provide worker's compensation coverage for all their subject workers. 19. Amendments. The terms of this Contract may be amended upon the mutual consent of the parties. Contractor expressly agrees to amendments which may be necessary from time to time to incorporate changes or provisions required by law or the Division. 20. Severability. The terms of this Contract are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Contract that results in the invalidity of any part, shall not affect the remainder of this Contract. Dated IDA- day of OC44&/2XA1 2007. FY08 Contract for Personal Services, DMH Enterprises Page 7 0 0 DMH ENTERPRISES CITY OF MERIDIAN BY:�� `��,tiustuasrr�'AMMY R tee, Attest: WILLIAM G. BERG, A., ITS CL{ t� ✓ Z: H d B 9 � \\\ STATE OF IDAHO, ) ✓✓✓��rrrrraati stt++�`�'�'�\ ss: County of Ada, ) EERD, MAYOR On this day of o�„�-o�e_P '2007, before me, the undersigned, a Notary Public in and for said State, personally appeared DENNIS HOLTE, known or identified to me to be the Owner of DMH ENTERPRISES, and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for DMH ENTERPRISES. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ®o�0y000®9@@epgpOBO coo (SEAL) I e®m� I�� z N r Pu4foroo Re ding a y Commission Expires: --20 l3 a 6 ®$loss ®06®flg6 FY08 Contract for Personal Services, DMH Enterprises Page 8 5� STATE OF IDAHO, ) . ss: County of Ada, ) On this l U i+N day of _()C_InbE_r- , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G.BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Q �� l Notary Public for Idaho Residing at: (�(f i� UP ► , (p My Commission Expires:_A FY08 Contract for Personal Services, DMH Enterprises Page 9 • EXHIBIT "A" SERVICES TO BE PERFORMED BY DMH ENTERPRISES Computerized Permit Tracking Program. Contractor shall provide data and input it into the City of Meridian's computerized Plumbing Permit Tracking program. All plumbing permit applications received shall be entered into the program and each step of the plumbing permit process shall be entered into the computer as soon as possible following completion of that step. Every reasonable attempt shall be made to keep all entries current, however, the Plumbing permit Tracking program shall never be allowed to become more than two working days behind the current status of each plumbing permit. 2. Public Office. Contractor shall maintain regular business hours, or be available by telephone, through the City of Meridian's Building Department located at 660 E. Watertower Lane, Suite 150, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as determined by the Building Department. The City of Meridian agrees to provide office space, computers, telephone system, and clerical staff, as may be necessary for Contractor to carry out the issuance of permits, collection of fees, of all building or structures, and to carry out the regulations, provisions, conditions and terms of the Uniform Plumbing Code and the Uniform Plumbing Code Standards, and enforce all code regulations within the Meridian City Code and Meridian City Ordinances for the City of Meridian, and/or any other business transactions related to this contract that would need to be conducted by the Plumbing Inspector. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 3. Coordination. Contractor shall mutually coordinate plan reviews with the City Planning officials, Public Works officials and appropriate fire marshals. Field inspections will verify and incorporate requirements of approved plan documents on which permits are granted. 4. Conflicts. Contractor shall report to the Development Services Manager any potential conflicts of interest it may have relative to a construction project. 5. Administration and Enforcement of Codes and City Ordinances. Contractor shall enforce and comply with building provisions as may be codified or ordained by the City. Contractor shall assist the City in enforcing its planning and zoning ordinances, including the Flood Plain ordinance, and other ordinances related to plumbing sites, and plumbing uses as well as the current code adopted by the City of Meridian. Contractor shall report to the Development Services Manager any Exhibit "A" — Page 1 • observed violations of the City's planning and zoning ordinances, or other ordinances of which Contractor has knowledge. 6. Organization of Contractor. City shall be apprised in writing of Contractor's corporate organization and name of Directors at all times. All personnel and subcontractors will possess the appropriate inspection certifications. A list of personnel assigned to perform duties under this contract will be given to the Development Services Manager and updated in writing as any changes are made. 7. Performance of Services and Duties. Contractor, who is the Plumbing Official, shall ensure that he interprets all applicable codes reasonably and impartially. In addition, Contractor shall ensure that all of its personnel and subcontractors perform all duties required under this contract in a courteous and professional manner. Contractor is directly responsible to, and reports to, the Development Services Manager. 8. Disaster and Emergency Within the City of Meridian. If an emergency, natural disaster, enemy attack or other major incident exists within the City of Meridian, Contractor shall perform initial damage assessment services on a pro- bono basis. These services include, but may not be limited to: field assessment and inspections of damage to private and public property, collect damage information, assist in the compilation of damage assessment reports, assist in the completion of a disaster summary outline, review building codes for possible improvements, and assimilate information on damage to private, public structures and businesses and any other services for initial damage assessment under the Ada County Emergency Operations Plan - - Damage Assessment Annex. At the discretion of the City, any state and federal financial assistance to the City for the above services will be applied for and paid to the Contractor. 9. Staffing Levels. Contractor agrees to staff this contract with sufficient qualified personnel or subcontractors to allow City to provide timely inspections and reviews of building projects in the City. The following performance standards are expected: Commercial plan review: 10 working days after receipt of complete application. Calls for inspections• 48 hours after receipt of phone call requesting inspection. Residentiallu pbinge� 10 working days after receipt of complete application. 10. Mobile Communications. Contractor will provide its personnel, at its own expense, and require its subcontractors to maintain at their own expense, cellular telephones with voice messaging. Exhibit "A" — Page 2 • October 12, 2007 MERIDIAN CITY COUNCIL MEETING October 1 b, 2007 • APPLICANT ITEM NO. REQUEST Personal Services Contract between the City of Meridian and Harolds Electric, Inc. to provide electrical inspection services and plan reviews for structures constructed within the City of Meridian AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: /n ADA COUNTY HIGHWAY DISTRICT: Uv SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials- Materials presented at public meetings shall become properly of the City of Meridian. PERSONAL SERVICES CONTRACT BETWEEN: CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, hereinafter "City" AND: HAROLD'S ELECTRIC CO., INC., an Idaho corporation, hereinafter "Contractor." DATED: This day of 2007. PREMISES: 1. Whereas, the City of Meridian provides electrical inspection services for structures constructed within the City of Meridian; and 2. Whereas, the City desires to facilitate the provision of those services by using the personal services of Harold's Electric Co., Inc.; and 3. Whereas, the Contractor has been providing such services to the City and has established a good reputation for the provision of such services, and is willing and able to continue to provide such services; and 4. Whereas, the City is authorized to obtain, by contract, the services necessary to conduct plan reviews and electrical inspections. NOW, THEREFORE, the parties hereto agree as follows: Term. This contract shall become effective on the I" day of October, 2007, and unless earlier terminated or extended, shall expire on or before September 30, 2008. 2. Scope of Services. Contractor shall perform the necessary services in accordance with the schedule as described on Exhibit "A" attached hereto and herein incorporated by reference. 3. Prohibited Work. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property that is inspected by the Contractor. This shall apply to any work that falls under the inspection responsibilities of the Contractor as contemplated by this agreement. The contractor is strictly prohibited from referring any work to themselves or a company that they are associated with personally or professionally that is in any way related to their duties under this Agreement. A violation of this condition can be considered grounds for immediate termination of this Agreement. FY08 Contract for Personal Services, Harold's Electric Co., Inc. Page 1 • 4. Compliance With Applicable Law. Contractor shall comply with all Federal, state, city, and local laws and ordinances applicable to the work under this contract, including, without limitation, the provisions of Idaho Administrative Rules and the rules and interpretations of the National Electrical Code and National Electrical Code Standards, as well as all code regulations as specified in the Meridian City Code and Ordinances. 5. Reporting. Contractor agrees to prepare and furnish such reports and data as may be required by the City. Contractor agrees to, and does hereby grant the City the right to reproduce, use and disclose for City purposes, all or any part of the reports, data, technical information and client information furnished to the City under this contract. Any information or data which comes into possession of Contractor in connection with services provided under this agreement shall become City information and shall not be disclosed by Contractor to anyone outside the City, unless the requester complies with the Idaho Public Records Act. 6. Records Maintenance; Access. Contractor agrees that services provided under this contract by Contractor, facilities used in conjunction with such services, client records, Contractor's policies, procedures, performance data, and other similar documents and records of Contractor that pertain, or may pertain, to services under this contract shall be kept at the office space provided by City and shall be open for inspection by the City, or its agents, at any reasonable time during business hours. Contractor agrees to retain such records and documents for a period of ten years, or such longer period as may be required by Idaho Code § 50-907. 7. Payment of Contract and Inspection Fees shall be according to the value placed on the building permit and based upon the following pay schedule: (a) 50% of all commercial permit fees collected annually. (b) 50% of the residential permit fees for the first $80,000 in permit fees collected annually. (c) 40% of the residential permit fees from $80,000 on up in permit fees collected annually. The City of Meridian agrees to provide office space, computers, telephone system, inspection tags, permit notices, and clerical staff, as may be necessary for Contractor to regulate the installation of electrical service in all buildings or structures, issuance of permits and collection of fees, and to carry out the regulations, provisions, conditions and terms of the National Electrical Code and the National Electrical Code Standards, and enforce all code regulations within the Meridian City Code and Meridian City Ordinances for the City of Meridian, and/or any other business transactions that would need to be conducted by the Electrical Inspector that are directly related to providing services under this contract. If the Contractor desires additional services that are not here in above FY08 Contract for Personal Services, Harold's Electric Co., Inc. Page 2 0 • provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 8. Termination (a) All or part of this contract may be terminated by mutual consent of both parties in writing. (b) If Harold Welch ceases to act as the Electrical Inspector for the City of Meridian, as outlined in number 8 here in below, then this contract shall be immediately terminated and become null and void. (c) In addition, City may terminate or modify this contract, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: (i) If Federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract; (ii) If any professional license, insurance, bond or certificate required by law, regulation or this contract to be held by Contractor to provide the services required by this contract, is for any reason denied, revoked, suspended, or not renewed; (iii) If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; (iv) Falsification of records by Contractor; (v) Failure of the Contractor to comply with the provisions of this contract and all applicable Federal, state or local laws and rules, including applicable building codes and Idaho Administrative Rules. (vi) If Contractor fails to provide services as set forth in Exhibit "A"; (vii) If Contractor fails to provide services called for by this contract within the times specified on Exhibit "A"; (viii) If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this contract; (ix) If continued or repeated justifiable, documented complaints are made against Contractor or its agents for: (a) failure to provide services specified on Exhibit "A"; or (b) perform their duties in a courteous and professional manner; (x) If the City Council determines that termination of the contract is in the best interests of the City. (d) Time is of the essence of Contractor's performance of each and every obligation and duty under this Agreement. City, by written notice to Contractor of default or breach may terminate the whole or part of this contract: (i) If Contractor fails to provide services called for by this contract within the time specified herein or any extension thereof; or FY08 Contract for Personal Services, Harold's Electric Co., Inc. Page 3 0 . (ii) If Contractor fails to perform any of the provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice from City fails to correct such failures within 14 calendar days or other period as specified. The rights and remedies provided above are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. A waiver by City of any rights, remedies or provisions provided in this contract or by law, is not a waiver by City of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. City shall not have to reinstate any provisions of this contract following a waiver for the provision to be effective in any other instance. 9. Designated Electrical Official. Harold's Electric Co., Inc. acknowledges that Harold Welch is designated as the licensed Electrical Inspector with the primary responsibility for providing and performing all duties required under this contract for the City of Meridian. If for any reason Harold Welch fails or ceases to continue as the Electrical Inspector for the City of Meridian, Contractor shall be required to give notice of the City of Meridian. 10. Independent Contractor. Contractor is not an officer, employee or agent of the City. Contractor is engaged as an independent contractor, and will be so deemed for purposes of the following: (a) Contractor will be responsible for payment of any Federal or state taxes required as a result of this contract. (b) Contractor is not entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this contract to the Contractor are: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. (c) Contractor is an independent contractor for purposes of the Idaho Worker's Compensation laws, and is solely liable for worker's compensation coverage under this contract. (d) Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by the Contractor, except the following: i. Administration support expenses ii. Office space with furniture iii. Computer systems, including software and printers iv. Wired telephone system v. Inspection tags and notices FY08 Contract for Personal Services, Harold's Electric Co., Inc. Page 4 (e) Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. 11. Subcontracts and Assignments; Successors in Interest. To insure the appropriate, uninterrupted, adequate and timely service to the residents of the City of Meridian, Contractor shall not enter into any contracts or subcontracts for any of the work required by this contract, or assign or transfer any of its interest in this contract, without the prior written consent of the City. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Contract, when City, in its reasonable discretion, determines that the proposed assignment or transfer would not serve the bests interests of the citizens of Meridian. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns, if any. 12. Transition. In the event this contract is terminated, or is not renewed or extended, the parties agree that a period of transition will be necessary to assure adequate protection of the public and continuity of service to contractors. Contractor agrees that for thirty (30) days after termination of this agreement, it will provide such services as are requested by City. During the thirty (30) day period, City will compensate Contractor $75.00 per hour for each hour worked. Contractor will submit detailed billings, including time records containing: date, service, personnel information, and time expended (recorded in one-quarter hour increments). Payment will be made no later than the 15th of the month for billing statements submitted not later than the first day of that month. 13. Insurance and Bonding. (a) General Liability Insurance. Contractor will have in place liability coverage while serving the City pursuant to this contract. Contractor shall obtain and, at all times, keep in effect comprehensive general liability insurance with a combined single limit not less than $1,000,000 per occurrence or the equivalent for property damage and bodily injury or death. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy referred to in this paragraph, Contractor shall immediately notify City orally and then in writing within three (3) days. City has the right to suspend portions or all of the services, operations and duties due under this contract if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor will be afforded a reasonable time to obtain insurance. If Contractor can not obtain insurance within a reasonable time, City may terminate this contract. (b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's expense, and maintain in effect during this Contract, Automobile Liability FY08 Contract for Personal Services, Harold's Electric Co., Inc. Page 5 i 0 Insurance with a combined single limit per occurrence of not less than $500,000 naming the City of Meridian as an additional insured. (c) Additional Insured. Contractor shall name the City, its officers, employees, and agents as Additional Insured on any insurance policies required herein only with respect to Contractor's activities being performed under this Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued by an insurance company licensed to do business in the State of Idaho (ACORD Form 27), containing a 30 -day Notice of Cancellation endorsement and shall be forwarded to City. (d) Error and Omission Insurance. Contractor shall maintain error and omission or professional liability insurance for the services under this contract in an amount not less than $500,000 per occurrence. (e) Worker's Compensation Insurance. Contractor shall maintain worker's compensation insurance for the services under this contract. (f) Proof of Insurance. Certificates of Insurance (ACORD Form 27 or equivalent) shall be provided for all required coverages and furnished to City Clerk with a copy to the Development Services Manager. 14. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the City, its officers, employees, agents, and members, from all claims, suits, actions or costs including attorney fees and costs of defense resulting from or arising out of the work performed under this contract and arising from the sole or joint negligence of the Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save, hold harmless and indemnify Contractor from all claims, suits, actions or costs, including attorney fees and costs of defense resulting or arising out of this contract and arising from the sole negligence of City. 15. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this contract, on the grounds of race, color, creed, national origin, sex, marital status, disability or age. 16. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this contract, the non -prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. 17. Governing Law; Jurisdiction; Venue. This contract shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if FY08 Contract for Personal Services, Harold's Electric Co., Inc. Page 6 the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. 18. Subject Employers. The Contractor, its subcontractors, if any, and all employers working under this contract are subject employers under the Idaho Worker's Compensation Law and shall comply with said law, which requires them to provide worker's compensation coverage for all their subject workers. 19. Amendments. The terms of this Contract may be amended upon the mutual consent of the parties. Contractor expressly agrees to amendments which may be necessary from time to time to incorporate changes or provisions required by law or the Division. 20. Severability. The terms of this Contract are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Contract that results in the invalidity of any part, shall not affect the remainder of this Contract. Dated day of , 2007. FY08 Contract for Personal Services, Harold's Electric Co., Inc. Page 7 0 • HAROLD'S ELECTRIC CO., INC. HAROLD WELCH, PRESIDENT CITY OF MERIDIAN TAMMY de WEERD, MAYOR Attest: WILLIAM G. BERG, JR., CITY CLERK FY08 Contract for Personal Services, Harold's Electric Co., Inc. Page 8 • STATE OF IDAHO, ) ss: County of Ada, ) On this day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared HAROLD WELCH, known or identified to me to be the President of Harold's Electric Co., Inc., and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for Harold's Electric Co., Inc. 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) Notary Public for Idaho Residing at: My Commission Expires: STATE OF IDAHO, ) ss: County of Ada, ) On this day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G.BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. 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) Notary Public for Idaho Residing at: My Commission Expires: FY08 Contract for Personal Services, Harold's Electric Co., Inc. Page 9 0 • EXHIBIT "A" SERVICES TO BE PERFORMED BY HAROLD'S ELECTRIC CO., INC. Computerized Permit Tracking Program. Contractor shall provide data and input into the City of Meridian's computerized Electrical Permit Tracking program. All electrical permit applications received shall be entered into the program and each step of the electrical permit process shall be entered into the computer as soon as possible following completion of that step. Every reasonable attempt shall be made to keep all entries current, however, the Electrical Permit Tracking program shall never be allowed to become more than two working days behind the current status of each electrical permit. 2. Public Office. Contractor shall maintain regular business hours, or be available by telephone, through the City of Meridian's Building Department located at 660 E. Watertower Lane, Suite 150, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as determined by the Building Department. The City of Meridian agrees to provide office space, computers, telephone system, and clerical staff, as may be necessary for Contractor to regulate the installation of electrical service in all buildings or structures, issuance of permits and collection of fees, and to carry out the regulations, provisions, conditions and terms of the National Electrical Code and the National Electrical Code Standards, and enforce all code regulations within the Meridian City Code and Meridian City Ordinances for the City of Meridian, and/or any other business transactions related to this contract that would need to be conducted by the Electrical Inspector. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 3. Coordination. Contractor shall mutually coordinate plan reviews with the City Planning officials, Public Works officials and appropriate fire marshals. Field inspections will verify and incorporate requirements of approved plan documents on which permits are granted. 4. Conflicts. Contractor shall report to the Development Services Manager any potential conflicts of interest it may have relative to a construction project. 5. Administration and Enforcement of Codes and City Ordinances. Contractor shall enforce and comply with building provisions as may be codified or ordained by the City. Contractor shall assist the City in enforcing its planning and zoning ordinances, including the Flood Plain ordinance, and other ordinances related to electrical sites, and electrical uses. Contractor shall report to the City of Meridian Development Services Manager any observed violations of the City's planning and zoning ordinances, or other ordinances of which Contractor has knowledge. Exhibit "A: - Page 1 0 0 6. Organization of Contractor. City shall be apprised in writing of Contractor's corporate organization and name of Directors at all times. All personnel and subcontractors will possess the appropriate inspection certifications. A list of personnel assigned to perform duties under this contract will be given to the Development Services Manager and updated in writing as any changes are made. 7. Performance of Services and Duties. Contractor, who is the Electrical Official, shall ensure that he interprets all applicable codes reasonably and impartially. In addition, Contractor shall ensure that all of its personnel and subcontractors perform all duties required under this contract in a courteous and professional manner. Contractor is directly responsible to, and reports to, the Development Services Manager. Disaster and Emergency Within the City of Meridian. If an emergency, natural disaster, enemy attack or other major incident exists within the City of Meridian, Contractor shall perform initial damage assessment services on a pro- bono basis. These services include, but may not be limited to: field assessment and inspections of damage to private and public property, collect damage information, assist in the compilation of damage assessment reports, assist in the completion of a disaster summary outline, review building codes for possible improvements, and assimilate information on damage to private, public structures and businesses and any other services for initial damage assessment under the Ada County Emergency Operations Plan - - Damage Assessment Annex. At the discretion of the City, any state and federal financial assistance to the City for the above services will be applied for and paid to the Contractor. 9. Staffing Levels. Contractor agrees to staff this contract with sufficient qualified personnel or subcontractors to allow City to provide timely inspections and reviews of building projects in the City. The following performance standards are expected: Commercialplanreview• 10 working days after receipt of complete application. Calls for inspections: 48 hours after receipt of phone call requesting inspection. Residential electrical permits: 10 working days after receipt of complete application. 10. Mobile Communications. Contractor will provide its personnel, at its own expense, and require its subcontractors to maintain at their own expense, cellular telephones with voice messaging. Exhibit "A: - Page 2 PERSONAL SERVICES CONTRACT BETWEEN: CITY OF AURIDLAN, IDAHO, an Idaho Municipal Corporation, hereinafter "City" AND: HAROLD'S ELECTRIC CO., INC., an Idaho corporation, hereinafter "Contractor." DATED: This LQ day of OGAP iwJ '2007. PREIVUSES: 1. Whereas, the City of Meridian provides electrical inspection services for structures constructed within the City of Meridian; and 2. Whereas, the City desires to facilitate the provision of those services by using the personal services of Harold's Electric Co., Inc.; and 3• Whereas, the Contractor has been providing such services to the City and has established a good reputation for the provision of such services, and is willing and able to continue to provide such services; and 4. Whereas, the City is authorized to obtain, by contract, the services necessary to conduct plan reviews and electrical inspections. NOW, THEREFORE, the parties hereto agree as follows: 1. Term. This contract shall become effective on the 1't day of October, 2007, and unless earlier terminated or extended, shall expire on or before September 30, 2008. 2. Scope of Services. Contractor shall perform the necessary services in accordance with the schedule as described on Exhibit "A" attached hereto and herein incorporated by reference. 3. Prohibited Work. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property that is inspected by the Contractor. This shall apply to any work that falls under the inspection responsibilities of the Contractor as contemplated by this agreement. The contractor is strictly prohibited from referring any work to themselves or a company that they are associated with personally or professionally that is in any way related to their duties under this Agreement. A violation of this condition can be considered grounds for immediate termination of this Agreement. FY08 Contract for Personal Services, Harold's Electric Co., Inc. Page 1 4. Compliance With Applicable Law. Contractor shall comply with all Federal, state, city, and local laws and ordinances applicable to the work under this contract, including, without limitation, the provisions of Idaho Administrative Rules and the rules and interpretations of the National Electrical Code and National Electrical Code Standards, as well as all code regulations as specified in the Meridian City Code and Ordinances. 5. Reporting. Contractor agrees to prepare and furnish such reports and data as may be required by the City. Contractor agrees to, and does hereby grant the City the right to reproduce, use and disclose for City purposes, all or any part of the reports, data, technical information and client information furnished to the City under this contract. Any information or data which comes into possession of Contractor in connection with services provided under this agreement shall become City information and shall not be disclosed by Contractor to anyone outside the City, unless the requester complies with the Idaho Public Records Act. 6. Records Maintenance; Access. Contractor agrees that services provided under this contract by Contractor, facilities used in conjunction with such services, client records, Contractor's policies, procedures, performance data, and other similar documents and records of Contractor that pertain, or may pertain, to services under this contract shall be kept at the office space provided by City and shall be open for inspection by the City, or its agents, at any reasonable time during business hours. Contractor agrees to retain such records and documents for a period of ten years, or such longer period as may be required by Idaho Code § 50-907. 7. Payment of Contract and Inspection Fees shall be according to the value placed on the building permit and based upon the following pay schedule: (a) 50% of all commercial permit fees collected annually. (b) 50% of the residential permit fees for the first $80,000 in permit fees collected annually. (c) 40% of the residential permit fees from $80,000 on up in permit fees collected annually. The City of Meridian agrees to provide office space, computers, telephone system, inspection tags, permit notices, and clerical staff, as may be necessary for Contractor to regulate the installation of electrical service in all buildings or structures, issuance of permits and collection of fees, and to carry out the regulations, provisions, conditions and terms of the National Electrical Code and the National Electrical Code Standards, and enforce all code regulations within the Meridian City Code and Meridian City Ordinances for the City of Meridian, and/or any other business transactions that would need to be conducted by the Electrical Inspector that are directly related to providing services under this contract. If the Contractor desires additional services that are not here in above FY08 Contract for Personal Services, Harold's Electric Co., Inc. Page 2 provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 8• Termination (a) All or part of this contract may be terminated by mutual consent of both parties in writing. (b) If Harold Welch ceases to act as the Electrical Inspector for the City of Meridian, as outlined in number 8 here in below, then this contract shall be immediately terminated and become null and void. (c) In addition, City may terminate or modify this contract, in whole or in Part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: (i) If Federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract; (ii) If any professional license, insurance, bond or certificate required by law, regulation or this contract to be held by Contractor to provide the services required by this contract, is for any reason denied, revoked, suspended, or not renewed; (iii) If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; (iv) Falsification of records by Contractor; (v) Failure of the Contractor to comply with the provisions of this contract and all applicable Federal, state or local laws and rules, including applicable building codes and Idaho Administrative Rules. (vi) If Contractor fails to provide services as set forth in Exhibit "A"; (vii) If Contractor fails to provide services called for by this contract within the times specified on Exhibit "A"; (viii) If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this contract; (ix) If continued or repeated justifiable, documented complaints are made against Contractor or its agents for: (a) failure to provide services specified on Exhibit "A"; or (b) perform their duties in a courteous and professional manner; (x) If the City Council determines that termination of the contract is in the best interests of the City. (d) Time is of the essence of Contractor's performance of each and every obligation and duty under this Agreement. City, by written notice to Contractor of default or breach may terminate the whole or part of this contract: (i) If Contractor fails to provide services called for by this contract within the time specified herein or any extension thereof; or FY08 Contract for Personal Services, Harold's Electric Co., Inc. Page 3 0 0 (ii) If Contractor fails to perform any of the provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice from City fails to correct such failures within 14 calendar days or other period as specified. The rights and remedies provided above are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. A waiver by City of any rights, remedies or provisions provided in this contract or by law, is not a waiver by City of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. City shall not have to reinstate any provisions of this contract following a waiver for the provision to be effective in any other instance. 9. Designated Electrical Official. Harold's Electric Co., Inc. acknowledges that Harold Welch is designated as the licensed Electrical Inspector with the primary responsibility for providing and performing all duties required under this contract for the City of Meridian. If for any reason Harold Welch fails or ceases to continue as the Electrical Inspector for the City of Meridian, Contractor shall be required to give notice of the City of Meridian. 10. Independent Contractor. Contractor is not an officer, employee or agent of the City. Contractor is engaged as an independent contractor, and will be so deemed for purposes of the following: (a) Contractor will be responsible for payment of any Federal or state taxes required as a result of this contract. (b) Contractor is not entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this contract to the Contractor are: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. (c) Contractor is an independent contractor for purposes of the Idaho Worker's Compensation laws, and is solely liable for worker's compensation coverage under this contract. (d) Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by the Contractor, except the following: i. Administration support expenses ii. Office space with furniture iii. Computer systems, including software and printers iv. Wired telephone system v. Inspection tags and notices FY08 Contract for Personal Services, Harold's Electric Co., Inc. Page 4 (e) Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. 11. Subcontracts and Assignments; Successors in Interest. To insure the appropriate, uninterrupted, adequate and timely service to the residents of the City of Meridian, Contractor shall not enter into any contracts or subcontracts for any of the work required by this contract, or assign or transfer any of its interest in this contract, without the prior written consent of the City. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Contract, when City, in its reasonable discretion, determines that the proposed assignment or transfer would not serve the bests interests of the citizens of Meridian. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns, if any. 12. Transition. In the event this contract is terminated, or is not renewed or extended, the parties agree that a period of transition will be necessary to assure adequate protection of the public and continuity of service to contractors. Contractor agrees that for thirty (30) days after termination of this agreement, it will provide such services as are requested by City. During the thirty (30) day period, City will compensate Contractor $75.00 per hour for each hour worked. Contractor will submit detailed billings, including time records containing: date, service, personnel information, and time expended (recorded in one-quarter hour increments). Payment will be made no later than the 15fl' of the month for billing statements submitted not later than the first day of that month. 13. Insurance and Bonding. (a) General Liability Insurance. Contractor will have in place liability coverage while serving the City pursuant to this contract. Contractor shall obtain and, at all times, keep in effect comprehensive general liability insurance with a combined single limit not less than $1,000,000 per occurrence or the equivalent for property damage and bodily injury or death. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy referred to in this paragraph, Contractor shall immediately notify City orally and then in writing within three (3) days. City has the right to suspend portions or all of the services, operations and duties due under this contract if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor will be afforded a reasonable time to obtain insurance. If Contractor can not obtain insurance within a reasonable time, City may terminate this contract. (b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's expense, and maintain in effect during this Contract, Automobile Liability FY08 Contract for Personal Services, Harold's Electric Co., Inc. Page 5 • Insurance with a combined single limit per occurrence of not less than $500,000 naming the City of Meridian as an additional insured. (c) Additional Insured. Contractor shall name the City, its officers, employees, and agents as Additional Insured on any insurance policies required herein only with respect to Contractor's activities being performed under this Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued by an insurance company licensed to do business in the State of Idaho (ACORD Form 27), containing a 30 -day Notice of Cancellation endorsement and shall be forwarded to City. (d) Error and Omission Insurance. Contractor shall maintain error and omission or professional liability insurance for the services under this contract in an amount not less than $500,000 per occurrence. (e) Worker's Compensation Insurance. Contractor shall maintain worker's compensation insurance for the services under this contract. (f) Proof of Insurance. Certificates of Insurance (ACORD Form 27 or equivalent) shall be provided for all required coverages and furnished to City Clerk with a copy to the Development Services Manager. 14. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the City, its officers, employees, agents, and members, from all claims, suits, actions or costs including attorney fees and costs of defense resulting from or arising out of the work performed under this contract and arising from the sole or joint negligence of the Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save, hold harmless and indemnify Contractor from all claims, suits, actions or costs, including attorney fees and costs of defense resulting or arising out of this contract and arising from the sole negligence of City. 15. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this contract, on the grounds of race, color, creed, national origin, sex, marital status, disability or age. 16. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this contract, the non -prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. 17. Governing Law; Jurisdiction; Venue. This contract shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if FY08 Contract for Personal Services, Harold's Electric Co., Inc. Page 6 0 the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. 18. Subject Employers. The Contractor, its subcontractors, if any, and all employers working under this contract are subject employers under the Idaho Worker's Compensation Law and shall comply with said law, which requires them to provide worker's compensation coverage for all their subject workers. 19. Amendments. The terms of this Contract may be amended upon the mutual consent of the parties. Contractor expressly agrees to amendments which may be necessary from time to time to incorporate changes or provisions required by law or the Division. 20. Severability. The terms of this Contract are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Contract that results in the invalidity of any part, shall not affect the remainder of this Contract. Dated 1 — day of OC4CO 6 e-,-� 2007. FY08 Contract for Personal Services, Harold's Electric Co., Inc. Page 7 • 0 HAROLD'S ELECTRIC CO., INC. CITY OF MERIDIAN TAMMY e ERD, MAYOR Attest: WILLIAM G. BERG, a r� FY08 Contract for Personal Services, Harold's Electric Co., Inc. Page 8 0 • STATE OF IDAHO, ) ss: County of Ada, ) On this v�% day of 04oloe-r , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared HAROLD WELCH, known or identified to me to be the President of Harold's Electric Co., Inc., and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for Harold's Electric Co., Inc. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �•�����c, •@► e� F � ECS! v (SEAL) %01 A j? Of STATE OF IDAHO, ) . ss: County of Ada, ) R s ding at: f)(" i drj* r^ My Commission Expires On this 10' day of WiObU , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G.BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. 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 Q (SEAL) •�• !• S .% 4eLl O o • PON •� Notary Public for Idaho Residing at:-Ou► tJ[ 1 1 n My Commission Expires: j(A-i I -L 1 FY08 Contract for Personal Services, Harold's Electric Co., Inc. Page 9 0 • EXHIBIT "A" SERVICES TO BE PERFORMED BY HAROLD'S ELECTRIC CO., INC. Computerized Permit Tracking Program. Contractor shall provide data and input into the City of Meridian's computerized Electrical Permit Tracking program. All electrical permit applications received shall be entered into the program and each step of the electrical permit process shall be entered into the computer as soon as possible following completion of that step. Every reasonable attempt shall be made to keep all entries current, however, the Electrical Permit Tracking program shall never be allowed to become more than two working days behind the current status of each electrical permit. 2. Public Office. Contractor shall maintain regular business hours, or be available by telephone, through the City of Meridian's Building Department located at 660 E. Watertower Lane, Suite 150, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as determined by the Building Department. The City of Meridian agrees to provide office space, computers, telephone system, and clerical staff, as may be necessary for Contractor to regulate the installation of electrical service in all buildings or structures, issuance of permits and collection of fees, and to carry out the regulations, provisions, conditions and terms of the National Electrical Code and the National Electrical Code Standards, and enforce all code regulations within the Meridian City Code and Meridian City Ordinances for the City of Meridian, and/or any other business transactions related to this contract that would need to be conducted by the Electrical Inspector. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 3. Coordination. Contractor shall mutually coordinate plan reviews with the City Planning officials, Public Works officials and appropriate fire marshals. Field inspections will verify and incorporate requirements of #proved plan documents on which permits are granted. 4. Conflicts. Contractor shall report to the Development Services Manager any potential conflicts of interest it may have relative to a construction project. 5. Administration and Enforcement of Codes and City Ordinances. Contractor shall enforce and comply with building provisions as may be codified or ordained by the City. Contractor shall assist the City in enforcing its planning and zoning ordinances, including the Flood Plain ordinance, and other ordinances related to electrical sites, and electrical uses. Contractor shall report to the City of Meridian Development Services Manager any observed violations of the City's planning and zoning ordinances, or other ordinances of which Contractor has knowledge. Exhibit "A: - Page 1 6. Organization of Contractor. City shall be apprised in writing of Contractor's corporate organization and name of Directors at all times. All personnel and subcontractors will possess the appropriate inspection certifications. A list of personnel assigned to perform duties under this contract will be given to the Development Services Manager and updated in writing as any changes are made. 7. Performance of Services and Duties. Contractor, who is the Electrical Official, shall ensure that he interprets all applicable codes reasonably and impartially. In addition, Contractor shall ensure that all of its personnel and subcontractors perform all duties required under this contract in a courteous and professional manner. Contractor is directly responsible to, and reports to,'the Development Services Manager. 8. Disaster and Emergency Within the City of Meridian. If an emergency, natural disaster, enemy attack or other major incident exists within the City of Meridian, Contractor shall perform initial damage assessment services on a pro- bono basis. These services include, but may not be limited to: field assessment and inspections of damage to private and public property, collect damage information, assist in the compilation of damage assessment reports, assist in the completion of a disaster summary outline, review building codes for possible improvements, and assimilate information on damage to private, public structures and businesses and any other services for initial damage assessment under the Ada County Emergency Operations Plan - - Damage Assessment Annex. At the discretion of the City, any state and federal financial assistance to the City for the above services will be applied for and paid to the Contractor. 9. Staffing Levels. Contractor agrees to staff this contract with sufficient qualified personnel or subcontractors to allow City to provide timely inspections and reviews of building projects in the City. The following performance standards are expected: Commercial plan review: 10 working days after receipt of complete application. Calls for ins ections• 48 hours after receipt of phone call requesting inspection. Residential electrical permits: 10 working days after receipt of complete application. 10. Mobile Communications. Contractor will provide its personnel, at its own expense, and require its subcontractors to maintain at their own expense, cellular telephones with voice messaging. Exhibit "A: - Page 2 0 October 12, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT October 16, 2007 E ITEM NO. _ REQUEST Personal Services Contract between the City of Meridian and Green's Rre Protection & Safety Services to provide fire inspection services and plan reviews for structures constructed within the City of Meridian AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: V✓ CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. . r 0 PERSONAL SERVICES CONTRACT BETWEEN: CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, hereinafter "City" AND: GREENE FIRE PROTECTION & SAFETY SERVICES, INC., an Idaho corporation, hereinafter "Contractor." DATED: This C0'day of Oct 6,e -y- 2007. PREMISES: 1. Whereas, the City of Meridian provides fire protection inspection services and plan reviews for structures constructed within the City of Meridian; and 2. Whereas, the City desires to facilitate the provision of those services by using the personal services of Greene Fire Protection & Safety Services, Inc.; and 3. Whereas, the Contractor has been providing such services to the City and has established a good reputation for the provision of such services, and is willing and able to continue to provide such services; and 4. Whereas, the City is authorized to obtain, by contract, the services necessary to conduct plan reviews and fire protection inspection services. NOW, THEREFORE, the parties hereto agree as follows: Term. This contract shall become effective on the 1St day of October, 2007, and unless earlier terminated or extended, shall expire on or before September 30, 2008. 2. Scope of Services. Contractor shall perform the necessary services in accordance with the schedule as described on Exhibit "A" attached hereto and herein incorporated by reference. 3. Prohibited Work. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property that is inspected by the Contractor. This shall apply to any work that falls under the inspection responsibilities of the Contractor as contemplated by this agreement. The contractor is strictly prohibited from referring any work to themselves or a company that they are associated with personally or professionally that is in any way related to their duties under this Agreement. A violation of this condition can be considered grounds for immediate termination of this Agreement. FY08 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 1 4. Compliance With Applicable Law. Contractor shall comply with all Federal, state, city, and local laws and ordinances applicable to the work under this contract, including, without limitation, the provisions of Idaho Administrative Rules and the rules and interpretations of the International Fire Code and the International Fire Code Standards, as well as all code regulations as specified in the Meridian City Code and Ordinances. 5. Reporting. Contractor agrees to prepare and furnish such reports and data as may be required by the City. Contractor agrees to, and does hereby grant the City the right to reproduce use and disclose for City purposes, all or any part of the reports, data, technical information and client information fiunished to the City under this contract. Any information or data which comes into possession of Contractor in connection with services provided under this agreement shall become City information and shall not be disclosed by Contractor to anyone outside the City, unless the requester complies with the Idaho Public Records Act. 6. Records Maintenance; Access. Contractor agrees that services provided under this contract by Contractor, facilities used in conjunction with such services, client records, Contractor's policies, procedures, performance data, and other similar documents and records of Contractor that pertain, or may pertain, to services under this contract shall be kept at the office space provided by City and shall be open for inspection by the City, or its agents, at any reasonable time during business hours. Contractor agrees to retain such records and documents for a period of ten years, or such longer period as may be required by Idaho Code § 50-907. 7. Payment of Contract Plans Examination and Inspection Fees shall be according to the value placed on the building permit and based upon the following pay schedule: (a) 70% of the Commercial Fire Code Review Fees that are collected annually. (b) 70% of permit fees for: 1. Cooking hood fire extinguishing systems 2. Commercial Fire Alarm Systems 3. Commercial Fire Sprinkler Systems 4. Fire Sprinkler Systems for Commercial Tenant Improvements, Remodels and Upgrades. 5. Underground Tank Installations. 6. Hazardous Material Storage Review & Inspection. 7. High Pile Combustible Storage Review & Inspection. FY08 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 2 C7 (c) Re -Inspection Fees: r 90% of the fee collected for the first hour, and 65% for any time thereafter that for re -inspections as a result of non-compliance. Fee shall be based on the current Meridian Fire Department Fee Schedule. The City of Meridian agrees to provide office space, computers, telephone system, inspection tags, permit notices, and clerical staff, as may be necessary for Contractor to carry out the regulation of design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use of, maintenance of fire protection systems, issuance of permits, and collection of fees, and to carry out all of the regulations, provisions, conditions and terms of the International Fire Code and the International Fire Code Standards, public assistance, and/or any other business transactions that would need to be conducted by the Fire Protection Plans Examiner & Inspector that are directly related to providing services under this contract. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 8. Termination (a) All or part of this contract may be terminated by mutual consent of both parties in writing. (b) If Rich Greene ceases to act as the Fire Protection Plans Examiner & Inspector for the City of Meridian, as outlined in number 8 here in below, then this contract shall immediately be terminated and become null and void. (c) In addition, City may terminate or modify this contract, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: (i) If Federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract; (ii) If any professional license, insurance, bond or certificate required by law, regulation or this contract to be held by Contractor to provide the services required by this contract, is for any reason denied, revoked, suspended, or not renewed; (iii) If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; (iv) Falsification of records by Contractor; (v) Failure of the Contractor to comply with the provisions of this contract and all applicable Federal, state or local laws and rules, including applicable Building and Fire Codes and Idaho Administrative Rules. FY08 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 3 (vi) If Contractor fails to provide services as set forth in Exhibit "A"; (vii) If Contractor fails to provide services called for by this contract within the times specified on Exhibit "A"; (viii) If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this contract; (ix) If continued or repeated justifiable, documented complaints are made against Contractor or its agents for: (a) failure to provide services specified on Exhibit "A"; or (b) perform their duties in a courteous and professional manner; (x) If the City Council determines that termination of the contract is in the best interests of the City. (d) Time is of the essence of Contractor's performance of each and every obligation and duty under this Agreement. City, by written notice to Contractor of default or breach may terminate the whole or part of this contract: (i) If Contractor fails to provide services called for by this contract within the time specified herein or any extension thereof; or (ii) If Contractor fails to perform any of the provisions of this contract, or so fails to pursue the work as to endanger performance of this contract in accordance with its terms, and after receipt of written notice from City fails to correct such failures within 14 calendar days or other period as specified. The rights and remedies provided above are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. A waiver by City of any rights, remedies or provisions provided in this contract or by law, is not a waiver by City of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. City shall not have to reinstate any provisions of this contract following a waiver for the provision to be effective in any other instance. 9. Designated Fire Protection Inspection Official. Greene Fire Protection & Safety Services, Inc. acknowledges that Rich Greene is designated as the licensed Fire Protection Plans Examiner & Inspector for Contractor, with the primary responsibility for providing and performing all duties required under this contract for the City of Meridian. If for any reason Rich Greene fails or ceases to continue as the Fire Protection Plans Examiner & Inspector for the City of Meridian, Contractor shall be required to give notice to the City of Meridian. 10. Independent Contractor. Contractor is not an officer, employee or agent of the City. Contractor is engaged as an independent contractor, and will be so deemed for purposes of the following: (a) Contractor will be responsible for payment of any Federal or state taxes required as a result of this contract. FY08 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 4 (b) Contractor is not entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this contract to the Contractor are: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. (c) Contractor is an independent contractor for purposes of the Idaho Worker's Compensation laws, and is solely liable for worker's compensation coverage under this contract. (d) Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be fiunished by the Contractor, except the following: i. Administration support expenses ii. Office space with furniture iii. Computer systems, including software and printers iv. Wired telephone system v. Inspection tags and notices (e) Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. (f) In the event a review by the United States Government, the State of Idaho, or any agency determines that this agreement constitutes an employee -employer relationship, the Contractor agrees to reimburse City for all employment costs as a result of that determination. 11. Subcontracts and Assignments; Successors in Interest. To insure the appropriate, uninterrupted, adequate and timely service to the residents of the City of Meridian, Contractor shall not enter into any contracts or subcontracts for any of the work required by this contract, or assign or transfer any of its interest in this contract, without the prior written consent of the City. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Contract, when City, in its reasonable discretion, determines that the proposed assignment or transfer would not serve the bests interests of the citizens of Meridian. The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns, if any. 12. Transition. In the event this contract is terminated, or is not renewed or extended, the parties agree that a period of transition will be necessary to assure adequate protection of the public and continuity of service to contractors. Contractor agrees that for thirty (30) days after termination of this agreement, it will provide such services as are requested by City. During the thirty (30) day FY08 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 5 0 period, City will compensate Contractor $80.00 per hour for each hour worked. Contractor will submit detailed billings, including time records containing: date, service, personnel information, and time expended (recorded in one-quarter hour increments). Payment will be made no later than the 15th of the month for billing statements submitted not later than the first day of that month. 13. Insurance and Bonding. (a) General Liability Insurance. Contractor will have in place liability coverage while serving the City pursuant to this contract. Contractor shall obtain and, at all times, keep in effect comprehensive general liability insurance with a combined single limit not less than $1,000,000 or the equivalent for property damage and bodily injury or death per occurrence. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy referred to in this paragraph, Contractor shall immediately notify City orally and then in writing within three (3) days. City has the right to suspend portions or all of the services, operations and duties due under this contract if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor will be afforded a reasonable time to obtain insurance. If Contractor can not obtain insurance within a reasonable time, City may terminate this contract. (b) Automobile Liability Insurance. Contractor shall obtain, at Contractor's expense, and maintain in effect during this Contract, Automobile Liability Insurance with a combined single limit per occurrence of not less than $500,000 naming the City of Meridian as an additional insured. (c) Additional Insured. Contractor shall name the City, its officers, employees, and agents as Additional Insured on any insurance policies required herein only with respect to Contractor's activities being performed under this Contract. Such insurance shall be evidenced by a Certificate of Insurance, issued by an insurance company licensed to do business in the State of Idaho (ACORD Form 27), containing a 30 -day Notice of Cancellation endorsement and shall be forwarded to City. (d) Error and Omission Insurance. Contractor shall maintain error and omission or professional liability insurance for the services under this contract in an amount not less than $500,000 per occurrence. (e) Worker's Compensation Insurance. Contractor shall maintain worker's compensation insurance for the services under this contract. (f) Proof of Insurance. Certificates of Insurance (ACORD Form 27 or equivalent) shall be provided for all required coverages and fiunished to the City Clerk with a copy to the Development Services Manager. 14. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the City, its officers, employees, agents, and members, from all claims, suits, actions or FY08 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 6 costs including attorney fees and costs of defense resulting from or arising out of the work performed under this contract and arising from the sole or joint negligence of the Contractor. Likewise, subject to the limits of the Idaho Torts Claims Act, City shall save, hold harmless and indemnify Contractor from all claims, suits, actions or costs, including attorney fees and costs of defense resulting or arising out of this contract and arising from the sole negligence of City. 15. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this contract, on the grounds of race, color, creed, national origin, sex, marital status, disability or age. 16. Attorney Fees. In the event an action, suit, or proceeding, including appeal there from, is brought for failure to observe any of the terms of this contract, the non - prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. 17. Governing Law; Jurisdiction; Venue. This contract shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. 18. Subject Employers. The Contractor, its subcontractors, if any, and all employers working under this contract are subject employers under the Idaho Worker's Compensation Law and shall comply with said law, which requires them to provide worker's compensation coverage for all their subject workers. 19. Amendments. The terms of this Contract may be amended upon the mutual consent of the parties. Contractor expressly agrees to amendments which may be necessary from time to time to incorporate changes or provisions required by law or the Division. 20. Severability. The terms of this Contract are severable and a determination by an appropriate body having jurisdiction over the subject matter of this Contract that results in the invalidity of any part, shall not affect the remainder of this Contract. Dated ® day of orfs 5 Pi✓ .2007. FY08 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 7 i GREENE FIRE PROTECTION & SAFETY SERVICES, INC. Attest: WILLIAM G. BERG, JR., STATE OF IDAHO, ) ss: County of Ada, ) • RICH GREENE, PRESIDENT CITY OF MERIDIAN By: =- T 'M- T." de �RK \kOl . MAYOR On this Iota day of 00-- -mbe.r , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Rich Greene, known or identified to me to be the President of Greene Fire Protection & Safety Services, Inc., and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same for Greene Fire Protection & Safety Services, Inc. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. p, FRE��••. (SEAL)Of �•'�c�' ���''•. uo to My Commission Expires: (c, • S • Zpl3 FY08 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 8 0 0 STATE OF IDAHO, ) . ss: County of Ada, ) On this ILJ to day of ®ok% , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for the City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: Ob i , =U , 10 My Commission Expires: o -1 1`1I FY08 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 9 EXIMIT G°A" SERVICES TO BE PERFORMED BY GREENE FIRE PROTECTION & SAFETY SERVICES, INC. 1. Computerized Permit Tracking Program. Contractor shall provide data and input into the City of Meridian's computerized Permit Tracking program. All permit applications received shall be entered into the program and each step of the permit process shall be entered into the computer as soon as possible following completion of that step. Every reasonable attempt shall be made to keep all entries current, however, the Permit Tracking program shall never be allowed to become more than two working days behind the current status of each permit. 2. Public Office. Contractor shall maintain regular business hours, or be available by telephone, through the City of Meridian's Building Department located at 660 E. Watertower Lane, Suite 150, Meridian, Idaho. Business hours are from 8:00 am to 5:00 pm, Monday through Friday, except holidays or as determined by the Building Department. The City of Meridian agrees to provide office space, computers, telephone system, and clerical staff, as may be necessary for Contractor to carry out the regulation of design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use of, maintenance of fire protection systems, issuance of permits, and collection of fees, and to carry out all of the regulations, provisions, conditions and terms of the International Fire Code and the International Fire Code Standards, public assistance, and/or any other business transactions related to this contract that would need to be conducted by the Fire Protection Inspector. If the Contractor desires additional services that are not here in above provided by the City of Meridian, then those additional services shall be at the sole cost and expense of the Contractor. 3. Coordination. Contractor shall mutually coordinate plan reviews with the City Planning officials, Public Works officials and appropriate fire marshals. Field inspections will verify and incorporate requirements of aP roved plan documents on which permits are granted. 4. Conflicts. Contractor shall report to the Development Services Manager for any potential conflicts of interest it may have relative to a construction project. 5. Administration and Enforcement of Codes and City Ordinances. Contractor shall enforce and comply with fire code provisions as may be codified or ordained by the City. Contractor shall assist the City in enforcing its fire codes, and other ordinances related to building sites, and building uses. Contractor shall report to the City of Meridian Development Services Manager any observed violations of the City's fire codes, or other ordinances of which Contractor has knowledge. FY08 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 1 6. Organization of Contractor. City shall be apprised in writing of Contractor's corporate organization and name of Directors at all times. All personnel and subcontractors will possess the appropriate inspection certifications. A list of personnel assigned to perform duties under this contract will be given to the Development Services Manager and updated in writing as any changes are made. 7. Performance of Services and Duties. Contractor, who is the Fire Protection Inspector, shall ensure that he interprets all applicable codes reasonably and impartially. In addition, Contractor shall ensure that all of its personnel and subcontractors perform all duties required under this contract in a courteous and professional manner. Contractor is directly responsible to, and reports to, the Development Services Manager. 8. Disaster and Emergency Within the City of Meridian. If an emergency, natural disaster, enemy attack or other major incident exists within the City of Meridian, Contractor shall perform initial damage assessment services at $80.00 per hour. These services include, but may not be limited to: field assessment and inspections of damage to private and public property, collect damage information, assist in the compilation of damage assessment reports, assist in the completion of a disaster summary outline, review building codes for possible improvements, and assimilate information on damage to private, public structures and businesses and any other services for initial damage assessment under the Ada County Emergency Operations Plan - - Damage Assessment Annex. At the discretion of the City, any state and federal financial assistance to the City for the above services will be applied for and paid to the Contractor. 9. Staffing Levels. Contractor agrees to staff this contract with sufficient qualified personnel or subcontractors to allow City to provide timely inspections and reviews of Fire Protection projects in the City. The following performance standards are expected. Commercial building plan reviews: (a) New Construction - 10 working days after receipt of complete application. (b) Tenant Improvement - 5 working days after receipt of complete application. Sprinkler & Fire Alarm System Plan Review: 15 working days after receipt of complete application. Calls for ins ecp tions: 48 hours after receipt of phone call requesting inspection. 10. Mobile Communications. Contractor will provide its personnel, at its own expense, and require its subcontractors to maintain at their own expense, cellular telephones with voice messaging. FY08 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 2 11. Reporting. Contractor shall submit the following reports to the City on a monthly basis: • Complete summary of all permits issued as to type and dollar amount for that month and year to date; and FY08 Contract for Personal Services, Green Fire Protection & Safety Services, Inc. Page 3 [i] October 12, 2007 FP 07-026 MERIDIAN CITY COUNCIL MEETING October 16, 2007 APPLICANT Treehaven, LLC ITEM NO. 8 REQUEST Tabled from October 2, 2007 — Request for Final Plat approval for 140 single-family building lots and 21 common lots on 89.70 acres in R-2, R-8 and R-15 zones for Jayker Subdivision No. 1 — 4042 West Chinden Boulevard AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See previous Item Packet / Minutes Request for Continuance OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. N L� October 12, 2007 FP 07-030 MERIDIAN CITY COUNCIL MEETING October 16, 2007 APPLICANT Dyver Development, LLC ITEM NO. REQUEST Tabled from October 2, 2007 — Request for Final Plat approval for 50 single-family building lots and 14 common lots on 10.10 acres in an R-4 zone for Baraya Subdivision No. 1 east of Black Cat Road on Franklin Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: COMMENTS See previous Item Packet / Minutes See attached Staff Comments Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. M so BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF DYVER DEVELOPMENT, LLC FOR FINAL PLAT APPROVAL OF 50 SINGLE- FAMILY BUILDING LOTS AND 14 COMMON LOTS ON 10.10 ACRES IN AN R-4 ZONE LOCATED EAST OF BLACKCAT ROAD ON FRANKLIN ROAD IN THE NORTH % OF T. 3N., R. 1W., SECTION 15 C/C October 16, 2007 CASE NO. FP -07-030 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on October 16, 2007, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: October 16, 2007, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING BARAYA SUBDIVISION NO. 1 LOCATED IN THE NORTH %i OF T. 3N., R. 1W., SECTION 15, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: 10/16/07, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BARAYA SUBDIVISION NO. 1 / (FP -07-030) Page 1 of 4 N N SHEET 1 OF 4, BAILEY ENGINEERING, INC.", DYVER DEVELOPMENT, LLP, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: date, listing 20 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 14 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from RMR Consulting, Inc., a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements of the Council taken at their October 16, 2007 meeting as follows, to -wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-offis not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BARAYA SUBDIVISION NO. 1 / (FP -07-030) Page 2 of 4 M M 1 • State of Idaho Catalog of Stormwater Best Management practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1 • The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may 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. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BARAYA SUBDIVISION NO. 1 / (FP -07-030) Page 3 of 4 N N after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the �U'0' day e\,tie�CrR _ R T de WEERD ATTEST: � a E � , WILLIAM G. BERG, JR., CITY C - '4 0 "tr'tR9914111'1i Copy served upon: ✓ Applicant Planning Department Public Works Department �- City Attorney By� & VY"� City Clerk's Office Dated: 0- ?,-C->-Cr-7 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BARAYA SUBDIVISION NO. 1 / (FP -07-030) Page 4 of 4 00 00 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: Hearing Date: October 2, 2007 Transmittal Date: September 27, 2007 TO: Mayor and City Council F'{, IDIl'll V FROM: Kristy Vigil, Assistant City Planner ID A H 208-884-5533 Scott Steckline, Development Services Coordinator S5 208-898-5500 SUBJECT: Baraya Subdivision No. 1 Request for Final Plat Approval of Baraya Subdivision No. 1 Consisting of 50 Single -Family Building Lots and 14 Common Lots on 10.10 Acres in an R-15 Zoning District by Dyver Development, LLC (File# FP -07-030). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Dyver Development, LLC, has applied for final plat approval of 50 single-family building lots and 14 common lots on 10.10 acres of land for Baraya Subdivision No. 1. The zoning district for the proposed subdivision is R-15 (Medium High -Density Residential District). Baraya Subdivision No. 1 is located on the south side of Franklin Road, approximately a % mile east of Black Cat Road in Section 15, T. 3N., R. 1W. This property has not been previously platted. The City Council approved the preliminary plat for Baraya Subdivision on July 10, 2007. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Baraya Subdivision No. 1 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved, development agreement (107123289), annexation (AZ -06-061), and preliminary plat (PP -06-062) applications for this subdivision. 2. If the City Engineer's signature has not been obtained by 07/10/09, the Final Plat approval for this subject phase shall expire. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Per Meridian City Code 9-4-8, the Applicant shall be responsible to install sewer main in W. Capitol Reef Drive. Exhibit "A" FP -07-030 Baraya Subdivision No. 1 FP.doc PAGE 1 so so CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 5. Per Meridian City Code 9-1-26, the Applicant shall install water main in W. Capitol Reef Drive, and W. Snow Canyon Drive. 6. Plat note #2 states that a 4 -foot wide Public Utilities, Drainage and Irrigation easement will be dedicated along interior lot lines. This shall be changed to 5 -feet. 7. The alley shown between Block 2 and Block 3 shall be constructed per ACRD standards and in accordance with UDC 11 -6C -3B5. The alley shall have a minimum of 16 feet of paving (20 feet of paving is proposed), serve as a fire lane, and be constructed of concrete or asphalt with a concrete ribbon curb. From the entrance to the public street provide a minimum of 28 -foot inside and 48 -foot outside turning radius. No parking shall be allowed on either side of the street within 50 feet of the alley entrance as measured from the centerline of the alley, and the alley shall be designed so the entire length is visible from a public street. 8. All common driveways shall be constructed in accordance with UDC 11 -6C -3D, and be paved a minimum of 20 -feet wide with a surface capable of supporting 75,000 lbs. with a turning radius of 28' inside and 48' outside for fire vehicles and equipment. All properties that abut a common driveway shall take access from the driveway. File a perpetual ingress/egress easement for all lots that share a driveway. The applicant may record an easement and include the instrument number on the face of the plat prior to signature of the City Engineer, OR dedicate said easements via the plat. Graphically depict the common driveway easements for each applicable lot on the face of the plat. 9. Per the Meridian Fire Department, the structures located on Lots 15 — 18, Block 1 shall be within 150 feet of a paved surface as measured around the perimeter of the building. 10. No parking signs shall be installed around the cul-de-sacs. 11. No parking shall be allowed within 50 feet of the intersection of W. Snow Canyon St. and S. Glen Canyon Way, install no parking signs accordingly. 12. Per the development agreement, the 5 -foot wide sidewalks and the 25 -foot wide landscape buffer adjacent to Franklin Road shall be constructed prior to occupancy of any dwelling units. 13. Prior to signature of the final plat by the City Engineer, all existing structures shall be removed or relocated. 14. Prior to issuance of any building permits, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. 15. Revise or add the following note(s) on the face of the plat prepared by Bailey Engineering, Inc., stamped on 07/08/07 by D. Terry Peugh, prior to signature of the final plat by the City Engineer: 1.) Revise to read "... lines. A feuF (4) five 5 foot wide ...." 7.) Include instrument number. 9.) Revise to read ". . . Title —H and T49e 12 of the Me"an Me"Cit Cede the City of Meridian's applicable zoning code at the time of submittal." *.) Add a note, "This plat is subject to a development agreement recorded as instrument number 107123289 of Ada County Records." *) Depict and reference a 25 -foot wide landscape buffer along Franklin Road. 16. The landscape plan, prepared by Jensen Belts and dated 07/12/07 is approved with the following changes: Exhibit "A" FP -07-030 Baraya Subdivision No. 1 FP.doc PAGE 2 00 N CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT a.) Trees are not permitted on Lot 1, Block 10; revise plan accordingly. 17. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7, and as proposed on the landscape plan. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 18. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 19. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 20. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL CONDITIONS 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or he within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, final plat recorded and road base shall be approved prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. The applicant shall provide a 20 -foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 5. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 6. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape Exhibit "A" FP -07-030 Baraya Subdivision No. 1 FP.doc PAGE 3 so 00 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 7. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 8. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 11. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 13. 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. 14. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-14 and 94-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. STAFF RECOMMENDATION Staff recommends approval of the final plat for Baraya Subdivision No. 1 (FP -07-030) with the above stated comments and conditions. Exhibit "A" FP -07-030 Baraya Subdivision No. 1 FP.doc PAGE 4 00 00 Page 1 of I Kristy Vigil From: Kristy Vigil Sent: Monday, October 15, 2007 11:07 AM To: Tara Green; Machelle Hill; Nancy Radford; Scott Steckline Subject: FW: Baraya No. 1 & 2 FP staff reports REVISED FYI... From: Matthew Schultz fmailto:schultzdevelopment@yahoo.com] Sent: Saturday, October 13, 2007 8:21 AM To: Kristy Vigil Cc: AJ Lopez; Kent Brown; Mike Sheppard Subject: Re: Baraya No. 1 & 2 FP staff reports REVISED Kristy, I have reviewed both staff reports and everything appears to be good to go. I have a conflict that night with another meeting. Please accept this e-mail as my concurrence with staffs recommendations on both Baraya Phase 1 and Phase 2 for City Council approval on Tuesday night. Thanks! Kristy Vigil <vigilk@meridianciq%org> wrote: <<Baraya Sub No. 2 FP.doc>> <<Baraya Sub No. 1 FP.doc>> Hi Matt & Aj, Attached are revised copies of the final plat staff reports for Baraya Subdivision No. 1 & No. 2. Please submit a written response to the staff report to me prior to the Council meeting on October 16, 2007. Thank you, Kristy Matt Schultz RMR Consulting, Inc. 2127 S. Alaska Way Meridian, ID 83642 (208) 880-1695 Cell (208) 893-5325 Fax schultzdevelopment@yahoo.com Boardwalk for $500? In 2007? Ha! Play. Monopoly Here and Now (it's updated for today's economy) at Yahoo! Games. 10/23/2007 Exhibit ^B° October 12, 2007 FP 07-031 MERIDIAN CITY COUNCIL MEETING October 16, 2007 APPLICANT Dyver Development, LLC ITEM NO. 10 REQUEST Tabled from October 2, 2007 — Request for Final Plat approval for 50 single -family building lots and 2 common lots on 10.55 acres in an R-4 zone for Baraya Subdivision No. 2 east of Black Cat Road on Franklin Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: COMMENTS See previous Item Packet / Minutes See attached Staff Report Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. N BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF DYVER DEVELOPMENT, LLC FOR FINAL PLAT APPROVAL OF 50 SINGLE- FAMILY BUILDING LOTS AND 2 COMMON LOTS ON 10.55 ACRES IN AN R-4 ZONE LOCATED EAST OF BLACKCAT ROAD ON FRANKLIN ROAD IN THE NORTH OF T. 3N., R. 1W., SECTION 15 C/C October 16, 2007 CASE NO. FP -07-031 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on October 16, 2007, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: October 16, 2007, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING BARAYA SUBDIVISION NO. 1 LOCATED IN THE NORTH % OF T. 3N., R. 1W., SECTION 15, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: 10/16/07, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BARAYA SUBDIVISION NO.2 / (FP -07-031) Page 1 of 4 N N SHEET 1 OF 4, BAILEY ENGINEERING, INC.", DYVER DEVELOPMENT, LLP, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: date, listing 14 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 14 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from RMR Consulting, Inc., a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements of the Council taken at their October 16, 2007 meeting as follows, to -wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-offis not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BARAYA SUBDIVISION NO.2 / (FP -07-031) Page 2 of 4 State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAIKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may 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. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BARAYA SUBDIVISION NO.2 / (FP -07-031) Page 3 of 4 after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the I LD J4,' day of ( +Okt r , 2007. WILLIAM G. BERG, \,\talllVl! \\ F l �•01 i CnT ` / Mill 11111\\\\ Copy served upon: ✓ Applicant _-�Planning Department ublic Works Department City Attorney By: 1-- lam- \ J Dated: ) U ' Z5 '0_7 City Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BARAYA SUBDIVISION NO.2 / (FP -07-031) Page 4 of 4 00 •0 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT STAFF REPORT: Hearing Date: October 2, 2007 Transmittal Date: September 27, 2007 TO: Mayor and City Council E IDIAN�- FROM: Kristy Vigil, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator S� 208-898-5500 SUBJECT: Baraya Subdivision No. 2 Request for Final Plat Approval of Baraya Subdivision No. 2 Consisting of 50 Single -Family Building Lots and 1 Common Lot on 10.55 Acres in an R-8 Zoning District by Dyver Development, LLC (File# FP -07-031). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Dyver Development, LLC, has applied for final plat approval of 50 single-family building lots and 1 common lot on 10.55 acres of land for Baraya Subdivision No. 2. The zoning district for the proposed subdivision is R-8 (Medium -Density Residential District). Baraya Subdivision No. 2 is located on the south side of Franklin Road, approximately a % mile east of Black Cat Road in Section 15, T. 3N., R. 1W. This property has not been previously platted. The City Council approved the preliminary plat for Baraya Subdivision on July 10, 2007. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Baraya Subdivision No. 2 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS Applicant is to meet all terms of the approved, development agreement (107123289), annexation (AZ -06-061), and preliminary plat (PP -06-062) applications for this subdivision. 2. If the City Engineer's signature has not been obtained by 07/10/09, the Final Plat approval for this subject phase shall expire. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. Exhibit "A" FP -07-031 Baraya Subdivision No. 2 FP.doc PAGE 1 00 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 4. The service road, proposed as a secondary emergency access, shall have a turning radius of 28' inside and 48' outside and a clear driving surface of 20 feet wide capable of supporting an imposed weight of 75,000 GVW. 5. Per the development agreement, the 5 -foot wide sidewalks and the 25 -foot wide landscape buffer adjacent to Franklin Road shall be constructed prior to occupancy of any dwelling units. 6. Prior to issuance of any building permits, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. 7. Prior to signature of the final plat by the City Engineer, all existing structures shall be removed or relocated. 8. Lot 44, Block 1 does not meet the minimum street frontage requirements of the R-8 zoning district. Revise the plat so all lots meet the required minimum street frontage dimension. 9. Revise or add the following note(s) on the face of the plat prepared by Bailey Engineering, Inc., stamped on 07/18/07 by D. Terry Peugh, prior to signature of the final plat by the City Engineer: 1.) Revise to read "... lines. A feaF five 5 foot wide ...." 7.) Include instrument number. 9.) Revise to read ". .. T44e11— dT4tle 12 Of an the City of Meridian's applicable zoning code at the time of submittal " *.) Add a note, "This plat is subject to a development agreement recorded as instrument number 107123289 of Ada County Records." *) Depict and reference a 25 -foot wide landscape buffer along Franklin Road. 10. The landscape plan, prepared by Jensen Belts and dated 12/12/07 is approved with the following changes. a. The fencing adjacent to Lots 45 and 46, Block 1 shall be constructed either of a 6 -foot tall open -vision material or a 4 -foot tall solid material (UDC 11 -3A -7A7). 11. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7, and as proposed on the landscape plan. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 12. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 13. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. Exhibit "A" FP -07-031 Baraya Subdivision No. 2 FP.doc PAGE 2 •0 00 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 14. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL CONDITIONS 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, exclusive of the Purdam Drain, cross or he within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, final plat recorded and road base shall be approved prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. The applicant shall provide a 20 -foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 6. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 7. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 8. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 11. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. Exhibit "A' FP -07-031 Baraya Subdivision No. 2 FP.doc PAGE 3 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 13. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-14 and 94-8 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. 14. 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. STAFF RECON MIENDATION Staff recommends approval of the final plat for Baraya Subdivision No. 2 (FP -07-031) with the above stated comments and conditions. FP -07-031 Baraya Subdivision No. 2 FP.doc Exhibit "A" PAGE 4 0 • October 12, 2007 FP 07-030 MERIDIAN CITY COUNCIL MEETING October 16, 2007 APPLICANT Dyver Development, LLC ITEM NO. 9 REQUEST Tabled from October 2, 2007 — Request for Final Plat approval for 50 single-family building lots and 14 common lots on 10.10 acres in an R-4 zone for Baraya Subdivision No. 1 east of Black Cat Road on Franklin Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See previous Item Packet / Minutes See attached Staff Comments Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. October 12, 2007 FP 07-031 MERIDIAN CITY COUNCIL MEETING October 16, 2007 APPLICANT Dyver Development, LLC ITEM NO. 10 REQUEST Tabled from October 2, 2007 — Request for Final Plat approval for 50 single-family building lots and 2 common lots on 10.55 acres in an R-4 zone for Baraya Subdivision No. 2 east of Black Cat Road on Franklin Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See previous Item Packet / Minutes See attached Staff Report Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. October 12, 2007 FP 07-032 MERIDIAN CITY COUNCIL MEETING October 16, 2007 APPLICANT Canterbury Commons, LLC ITEM NO. 11 REQUEST Tabled from October 2, 2007 — Request for Final Plat approval for 192 multi -family units on 48 bldg lots and 1 common lots on 13.99 acres in an R-15 zone for Canterbury Commons south of West Pine & east of North Ten Mile AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See previous Item Packet / Minutes See attached Request for Continuance OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian.