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HomeMy WebLinkAbout2006-06-22' a C�<.'.. sq CITY OF erl�rcn ry y t; SIM IDAHO ,j �F Y ° TRe.tisuat V ^ ! , 1903 0 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Thursday, June 22, 2006 at 7:00 p.m. (Rescheduled from Tuesday, June 20, 2006) "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 best of the ability of the presenter." 1. Roll -call Attendance: absent Shaun Wardle X_ Joe Borton X Charlie Rountree '�C Keith Bird absent Mayor Tammy de Weerd 2. Pledge of Allegiance: /,3'rvc-c SAX - 3. CommunityInvocation b ^ori-� • �� --- Y with �....�� -�� ��.-� n: h4-c,`GW-,!r4 - b®Sl-,�C 4. Adoption of the Agenda: �'m vK- 5. Consent Agenda: A. Approve Minutes of May 2, 2006 City Council Regular Meeting: 04�vlc- B. Approve Minutes of April 18, 2006 Pre -Council Meeting: ap C. Approve Minutes of May 2, 2006 Pre -Council Meeting: D. Approve Minutes of May 9, 2006 Pre -Council Meeting: E. Findings of Fact and Conclusions of Law for Denial: CPA 05- 002 Request for a Comprehensive Plan Map Amendment to change approximately 11.79 acres from Office to Mixed -Use Community by Conger Management Group - 675 and 715 South Wells Street: -Alk4c /a Meridian City Council Special Meeting Agenda — June 20, 2006 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. F. Findin• of Fact and Conclusions of Law or Denial: AZ 06- 017 Request for Annexation and Zoning of 11.79 acres from RUT to R-15 zone for Wells Street Subdivision by C26 Developments, LLC - 675 and 715 Wells Street: /v G. Findings of Fact and Conclusions of Law for Denial: PP 06- 017 Request for Preliminary Plat approval of 84 building lots and 14 common lots on 11.79 acres in a proposed R-15 zone for Wells Street Subdivision by C26 Developments, LLC - 675 and 715 Wells Street: zzx ka 6 -2?-10 b H. Findings of Fact and Conclusions of Law for Denial: CUP 06- 012 Request for a Conditional Use Permit for 18 multifamily dwelling units in a proposed R-15 zone for Wells Street Subdivision by C26 Developments, LLC - 675 and 715 Wells Street: 11�?�' i�_97_ p 6 I. Water Main Easement Agreement for Pathways Elementary School by Meridian School District: �'- J. Permanent and Temporary Easement Contract for Vance and Sandra Janicek for 2006 Trunk Sewer Project: K. Chance Order No. 1 for the North Slough Trunk Line with Sommer Construction: 4W"V.<_ L. Ratification of Agreement consenting to security interest in lessees leasehold interest at the LakeView Golf Course:,►,,,., M. Water Main Easement Agreement for Stow -It with Venga Ventures, LLC: Irll�pvr. N. Sanitary Sewer Easement Agreement for Arnke Subdivision by Meridian School District: eyvve-- O. 1st Amendment to Americorp Youth Coordinator Agreement between the City of Meridian and Franklin L. `Bud' Henthorn: P. Approve / Award Contract for Parks Master Pathway Plan to Alta Planning and Design: 4/7flly�- Q. Approve Contract and Scope of Work for Meridian Youth Baseball Complex with McAlvain Construction:,,,..v R. Approve Contract with Recreation Idaho for the Adventure Island Splash Pad Equipment Purchase: Meridian City Council Special Meeting Agenda — June 20, 2006 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. S. SHP 06-004 Request for Short Plata rofor 2 building lots on q ppv9 12.3 acres in an I -L zone for Lanark Surplus Subdivision by Meridian Joint School District No. 2 - 2311 East Lanark Street: �OYPY11111._ T. Development Agreement: AZ 06-003 Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C -C (3.68 acres) for Hightower Subdivision by Hightower, LLC - southwest comer of Chinden Boulevard and Jericho Road: U. Contract with Irminger Construction for Pressure Reducing Valve near the intersection of Kodiak and Stoddard: V. Resolution No. ®4 — J� 49 Water Master Plan Urate: W. Resolution No. P 46 Sewer Master Plan Update: �►.a. 6. Department Reports: A. Legal Department - Bill Nary 1. Discussion of Community Recycling Fund for Solid Waste Advisory Committee for Adventure Island Playground: a,,�, �ZS� ® ®0` O� B. Planning Department - Steve Siddoway 1. Approve / Award Contract for Ten Mile Interchange Specific Area Plan to HDR, Inc.: Aj9"u, 2. Update on South Meridian Area Plan Phase Two contract and timeline: 7. Items Moved from Consent Agenda: 8. Request to Withdraw Applications for Baltic Place Subdivision Addition by LC Development and Request for Refund of Fees: Aj9e*-,0v-f- I -r-, y. &( o -f 07 31 155' 6�E_ 9. FP 06-025 Request for Final Plat approval of 57 single-family residential lots, 7 common lots and one alley access lot on 11.72 acres in an R-8 (PD) zone for Crossfield Subdivision No. 2 by Heron River Development, LLC - 955 W. Ustick Road: �/,,,v 10. Continued Public Hearing from May 9, 2006: AZ 05-067 Request for Annexation and Zoning of 6.9 acres from Ada County RUT to R-15 Medium -High Density Residential zone for Casa Meridiana by Insight Architects -1777 Victory Road: .�;, X11, /„ Jr 7- Meridian City Council Special Meeting Agenda — June 20, 2006 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. 11. Continued Public Hearing from May 9, 2006: CUP 05-060 Request for a Conditional Use Permit for a 32 -unit multi -family development in a proposed R-15 Medium -High Density Residential District for Casa Meridiana by Insight Architects —1777 Victory Road: ���yi-,�,�/� 1-o 7-40— v' 12. Public Hearing: VAC 06-008: Request for a Vacation of a Pressure Sewer Easement within The Reserve Subdivision by Conger Management Group — southwest comer of N. Locust Grove and Chinden Boulevard: 6e-�,fyk,'R11, 13. Public Hearing: AZ 06-016 Request for Annexation and Zoning of 5.08 acres from RUT to R-4 (Medium -Low Density Residential) zone for Quarterhorse Subdivision by M2 Land LLC — 710 Black Cat Road: /spa � e'- /.( 4r.?- A''/y 14. Public Hearing: PP 06-010 Request for Preliminary Plat approval with 14 single family residential lots and 2 common lots for Quarterhorse Subdivision by M2 Land LLC — 710 Black Cat Road: IV _//)c 41 cls 15. Public Hearing: VAR 06-008 Request for a Variance to maximum cul-de- sac length requirement for Quarterhorse Subdivision by M2 Land LLC — 710Black Cat Road: ,� '12 16. Public Hearing: RZ 06-002 Request for a Rezone of 0.22 acres from I -L (Light Industrial) to O -T (Old Town) zones for Stan Lantz by Stan Lantz — 608 West 3rd Street: �y,�r y4// 0 17. Public Hearing: PP 06-020 Request for Preliminary Plat approval of 23 commercial lots on 31.37 acres in a C -G zone for Centrepointe Subdivision by Winston H. Moore — northwest comer of Ustick Road and Eagle Road: / . _ 'OL -1 ecbe lgre ti�+j7rvu� 18. Public Hearing: VAR 06-013 Request for Variance to UDC 11 -3B -7C2 to count 15 feet of existing right-of-way for Eagle Road towards the landscape street buffer in the C -G zone for Centrepointe Subdivision by Winston H. Moore — north7,/-' st comer of Ustick Road and Eagle Road: P C' /? yam► v,.<, 19. Public Hearing: MI 06-002 Request to Amend the previously approved Development Agreement for Wal -green's Pharmacy ( RZ 05-008) to allow an 8 -foot tall rather than 6 -foot tall CMU wall along the east property line by the Hawkins Companies — 3150 W. Cherry Lane: ,.Le- 20. Ordinance No. ® y ® / 47 Annexation and Zoning of 11.50 acres Cardigan Bay Subdivision by Big River, Way: (A.Pl7r, v� AZ 06-010 Request for from RUT to a R-4 zone for LLC — 5450 and 5500 Larkspur Meridian City Council Special Meeting Agenda — June 20, 2006 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. 21. Ordinance N• 12-y AZ 0. 3 Annexation and Zoning of 24.03 acres from RUT to R-8.(12.31 acres), R-15 (8.04 acres) and C -C (3.68 acres) for Hightower Subdivision by Hightower, LLC — southwest comer of Chinden Boulevard and Jericho Road: 22. Executive Session per Idaho State Code 67-2345(1)(a) to consider hiring a public officer, employee, staff member or individual agent; (c) to conduct deliberations concerning the acquisition of an interest in real property not owned by a public agency; and (d) to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code: Meridian City Council Special Meeting Agenda — June 20, 2006 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. 0 /0'CITY OF A~ IDAHO e�TFR TREASURF V1 SINCE 1903 MAYOR Tammy de Weerd NOTICE OF SPECIAL MEETING CITY COUNCIL MEMBERS Keith Bird MERIDIAN CITY COUNCIL Joseph W. Borton Charles M. Rountree Shaun Wardle NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold CITY DEPARTMENTS a Special Meeting at Meridian City Hall, Council Chambers, 33 East Idaho Avenue, City Attorney/HR 703 Main Street Meridian, Idaho, on Thursday,June 22, 2006 at 7:00 PM. The Meridian C' Council will 898-5506 (City Attorney) 898-5503 (HR) be hearing the cancelled agenda items from the June 20, 2008 City Council Regular Fax 884-8723 Meeting: Fire 540 E. Franklin Road Consent Agenda: 888-1234/fax 895-0390 Parks & Recreation A. Approve Minutes of May 2, 2006 City Council Regular Meeting: 11 W. Bower Street 888-3579 / fax 898-5501 B. Approve Minutes of April 18, 2006 Pre -Council Meeting: Planning C. Approve Minutes of May 2, 2006 Pre -Council Meeting: 660 E. Watertower Lane Suite 202 D. Approve Minutes of May 9, 2006 Pre -Council Meeting: 884-5533/fax 888-6844 Police E. Findings of Fact and Conclusions of Law for Denial: CPA 05-002 1401 E. Watertower Lane Request for a Comprehensive Plan Map Amendment to change 888-6678 / fax 846-7366 approximately 11.79 acres from Office to Mixed -Use Community by Conger Management Group — 675 and 715 South Wells Street: Public Works 660 E. Watertower Lane F. Findings of Fact and Conclusions of Law for Denial: AZ 06417 Suite 200 Request for Annexation and Zoning of 11.79 acres from RUT to R-15 898-5500 / fax 895-9551 zone for Wells Street Subdivision by Developments, LLC — 675 - Building and 715 Wells Street: 660 E. Watertower Lane Suite 150 G. Findings of Fact and Conclusions of Law for Denial: PP 06-017 887-2211 / fax 887-1297 Request for Preliminary Plat approval of 84 building lots and 14 common - Wastewater lots on 11.79 acres in a proposed R-15 zone for Wells Street 3401 N. Ten Mile Road Subdivision by C213 Developments, LLC — 675 and 715 Wells Street: 888-2191 / fax 884-0744 H. Findings of Fact and Conclusions of Law for Denial: CUP 06-012 - Water Request for a Conditional Use Permit for 18 multifamily dwelling units in 2235 N.W. 8th Street a proposed R-15 zone for Wells Street Subdivision by C213888-5242 /fax 884 1159 Developments, LLC — 675 and 715 Wells Street: Meridian City Council Special Meeting —June 22, 2006 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 hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK —FAX 888-4218 FINANCE & UTILITY BILLING— FAX 887-4813 MAYOR'S OFFICE —FAX 884-8119 Printed on recycled paper I. Water Main Easement Agreement for Pathways Elementary School by Meridian School District: J. Permanent and Temporary Easement Contract for Vance and Sandra Janicek for 2006 Trunk Sewer Project: K. Change Order No. 1 for the North Slough Trunk Line with Sommer Construction: L. Ratification of Agreement consenting to security interest in lessees leasehold interest at the LakeView Golf Course: M. Water Main Easement Agreement for Stow -It with Venga Ventures, LLC: N. Sanitary Sewer Easement Agreement for Arnke Subdivision by Meridian School District: O. 1st Amendment to Americorp Youth Coordinator Agreement between the City of Meridian and Franklin L. `Bud' Henthorn: P. Approve / Award Contract for Parks Master Pathway Plan to Alta Planning and Design: Q. Approve Contract and Scope of Work for Meridian Youth Baseball Complex with McAlvain Construction: R. Approve Contract with Recreation Idaho for the Adventure Island Splash Pad Equipment Purchase: S. SHP 06-004 Request for Short Plat approval for 2 building lots on 12.3 acres in an I -L zone for Lanark Surplus Subdivision by Meridian Joint School District No. 2 - 2311 East Lanark Street: T. Development Agreement: AZ 06-003 Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C -C (3.68 acres) for Hightower Subdivision by Hightower, LLC - southwest corner of Chinden Boulevard and Jericho Road: U. Contract with Irminger Construction for Pressure Reducing Valve near the intersection of Kodiak and Stoddard: V. Resolution No. Water Master Plan Update: W. Resolution No. Sewer Master Plan Update: - Department Reports: A. Legal Department - Bill Nary Meridian City Council Special Meeting — June 22, 2006 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 hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 • 1. Discussion of Community Recycling Fund for Solid Waste Advisory Committee for Adventure Island Playground: B. Planning Department - Steve Siddoway Approve / Award Contract for Ten Mile Interchange Specific Area Plan to HDR, Inc.: 2. Update on South Meridian Area Plan Phase Two contract and timeline: - Items Moved from Consent Agenda: - Request to Withdraw Applications for Baltic Place Subdivision Addition by LC Development and Request for Refund of Fees: - FP 06-025 Request for Final Plat approval of 57 single-family residential lots, 7 common lots and one alley access lot on 11.72 acres in an R-8 (PD) zone for Crossfield Subdivision No. 2 by Heron River Development, LLC - 955 W. Ustick Road: -• Continued Public Hearing from May 9, 2006: AZ 05-067 Request for Annexation and Zoning of 6.9 acres from Ada County RUT to R-15 Medium -High Density Residential zone for Casa Meridiana by Insight Architects -1777 Victory Road: •- Continued Public Hearing from May 9, 2006: CUP 05-060 Request for a Conditional Use Permit for a 32 -unit multi -family development in a proposed R-15 Medium -High Density Residential District for Casa Meridiana by Insight Architects - 1777 Victory Road: - Public Hearing: VAC 06-008: Request for a Vacation of a Pressure Sewer Easement within The Reserve Subdivision by Conger Management Group - southwest corner of N. Locust Grove and Chinden Boulevard: - Public Hearing: AZ 06-016 Request for Annexation and Zoning of 5.08 acres from RUT to R-4 (Medium -Low Density Residential) zone for Quarterhorse Subdivision by M2 Land LLC - 710 Black Cat Road: - Public Hearing: PP 06-010 Request for Preliminary Plat approval with 14 single family residential lots and 2 common lots for Quarterhorse Subdivision by M2 Land LLC - 710 Black Cat Road: - Public Hearing: VAR 06-008 Request for a Variance to Cul-de-sac length for Quarterhorse Subdivision by M2 Land LLC - 710 Black Cat Road: Public Hearing: RZ 06-002 Request for a Rezone of 0.22 acres from I -L (Light Industrial) to O -T (Old Town) zones for Stan Lantz by Stan Lantz - 608 West 3`d Street: - Public Hearing: PP 06-020 Request for Preliminary Plat approval of 23 commercial lots on 31.37 acres in a C -G zone for Centrepointe Subdivision by Winston H. Moore - northwest corner of Ustick Road and Eagle Road: Meridian City Council Special Meeting - June 22, 2006 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 hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 • — Public Hearing: VAR 06-013 Request for Variance to UDC 11-313-7C2 to count 15 feet of existing right-of-way for Eagle Road towards the landscape street buffer in the C -G zone for Centrepointe Subdivision by Winston H. Moore — northwest corner of Ustick Road and Eagle Road: Public Hearing: MI 06-002 Request to Amend the previously approved Development Agreement for Walgreen's Pharmacy ( RZ 05-008) to allow an 8 -foot tall rather than 6 -foot tall CMU wall along the east property line by the Hawkins Companies — 3150 W. Cherry Lane: Ordinance No. AZ 06-010 Request for Annexation and Zoning of 11.50 acres from RUT to a R7 zone for Cardigan Bay Subdivision by Big River, LLC — 5450 and 5500 Larkspur Way: — Ordinance No. : AZ 06-003 Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C -C (3.68 acres) for Hightower Subdivision by Hightower, LLC — southwest corner of Chinden Boulevard and Jericho Road: Executive Session per Idaho State Code 67-2345(1)(a) to consider hiring a public officer, employee, staff member or individual agent; (c) to conduct deliberations concerning the acquisition of an interest in real property not owned by a public agency; and (d) to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code: The public is welcome to attend the special meeting but the executive session will be closed to the public. \\`�•� CIF DATED 16th day of June, 2006. 1(k ry,l )i An i 1_ (1c+ WILLIAM G. BERG, JR. - CITE( CL RK -i 7EK5,13251" 7 -Til � = `f T-� . Meridian City Council Special Meeting — June 22, 2006 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 hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. f CITY OF 1G�'17 - � IDAHO tiF cF Rge TREASMIRE VnuEY g 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 895-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 (IV --K MM'S`''/��jj� tkC6 e- ?(nt fl� NOTICE OF SPECIAL MEETING MERIDIAN CITY COUNCIL (NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting at Meridian City Hall, Council Chambers, 33 East Idaho Avenue, Meridian, Idaho, on Thursday, June 22, 2006 at 7:00 PM. The Meridian City Council will be hearing the cancelled agenda items from the June 20, 2006 City Council Regular Meeting: Consent Agenda: A. Approve Minutes of May 2, 2006 City Council Regular Meeting: B. Approve Minutes of April 18, 2006 Pre -Council Meeting. C. Approve Minutes of May 2, 2006 Pre -Council Meeting: D. Approve Minutes of May 9, 2006 Pre -Council Meeting: E. Findings of Fact and Conclusions of Law for Denial: CPA 05-002 Request for a Comprehensive Plan Map Amendment to change approximately 11.79 acres from Office to Mixed -Use Community by Conger Management Group — 675 and 715 South Wells Street: F. Findings of Fact and Conclusions of Law for Denial: AZ 06-017 Request for Annexation and Zoning of 11.79 acres from RUT to R-15 zone for Wells Street Subdivision by C213 Developments, LLC — 675 and 715 Wells Street: G. Findings of Fact and Conclusions of Law for menial: PP 06-017 Request for Preliminary Plat approval of 84 building lots and 14 common lots on 11.79 acres in a proposed R-15 zone for Wells Strom Subdivision by C213 Developments, LLC — 675 and 715 Wells Street: H. Findings of Fact and Conclusions of Law for Denial: CUP 06-012 - Water 2285 N.W. 8th street Request for a Conditional Use Permit for 18 multifamily dwelling units in - a proposed R-15 zone for Wells Street Subdivision b C213Developments, LLC — 675 and 715 Wells Street: - Meridian City Council Special Meeting -June 22, 2006 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 hearings, g please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 f rry Cf FRK' Fa x ggg-4218 FINANCE & UTILrrY BILLING —FAX 887-4813 MAYOR'S OFFICE— FAX 884-8119 --- Printed on recycled paper Water Main Easement Agreement for Pathways Elementary School by Meridian School District: J. Permanent and Temporary Easement Contract for Vance and Sandra Janicek for 2006 Trunk Sewer Project: K. Change Order No. 1 for the North Slough Trunk Line with Sommer Construction: L. Ratification of Agreement consenting to security interest in lessees leasehold interest at the LakeView Golf Course: M. Water Main Easement Agreement for Stow -it with Venga Ventures, LLC: N. Sanitary Sewer Easement Agreement for Arnke Subdivision by Meridian School District: O. 1st Amendment to Americorp Youth Coordinator Agreement = between the City of Meridian and Franklin L. `Bud' Henthorn: P. Approve / Award Contract for Parks Master Pathway Plan to Alta Planning and Design: Q. Approve Contract and Scope of Work for Meridian Youth Baseball Complex with McAlvain Construction: R. Approve Contract with Recreation Idaho for the Adventure Island Splash Pad Equipment Purchase: S. SHP 06-004 Request for Short Plat approval for 2 building lots on 12.3 acres in an I -L zone for Lanark Surplus Subdivision by Meridian Joint School District No. 2 — 2311 East Lanark Street: T. Development Agreement: AZ 06-003 Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C -C (3.68 acres) for Hightower Subdivision by Hightower, LLC — southwest corner of Chinden Boulevard and Jericho Road: U. Contract with Irminger Construction for Pressure Reducing Valve near the intersection of Kodiak and Stoddard: V. Resolution No. Water Master Plan Update: W. Resolution No. Sewer Master Plan Update: Department Reports: A. Legal Department — B#"ary Meridian City Council Special Ming — June 22, 2006 Page 2 of 4 All materials presented at public meeti shall become property of the City of Meridian. Anyone desiring accommodation for mobilities related to documents and/or hearings, please contact the City Clerk's Office at 814433 at least 48 hours prior to the public meeting. Discussion of Community Recycling Fund for Solid Waste Advisory Committee for Adventure Island Playground: B. Planning Department - Steve Siddoway Approve / Award Contract for Ten Mile Interchange Specific Area Plan to HDR, Inc.: 2. Update on South Meridian Area Plan Phase Two contract and timeline: - Items Moved from Consent Agenda: - Request to Withdraw Applications for Baltic Place Subdivision Addition by LC Development and Request for Refund of Fees: - FP 06-025 Request for Final Plat approval of 57 single-family residential lots, 7 common lots and one alley access lot on 11.72 acres in an R-8 (PD) zone for Crossfield Subdivision No. 2 by Heron River Development, LLC - 955 W. Ustick Road: - Continued Public Hearing from May 9, 2006: AZ 05-067 Request for Annexation and Zoning of 6.9 acres from Ada County RUT to R-15 Medium -High Density Residential zone for Casa Meridiana by Insight Architects -1777 Victory Road: - Continued Public Hearing from May 9, 2006: CUP 05-060 Request for a Conditional Use Permit for a 32 -unit multi -family development in a proposed R-15 Medium -High Density Residential District for Casa Meridiana by Insight Architects - 1777 Victory Road: - Public Hearing: VAC 06-008: Request for a Vacation of a Pressure Sewer Easement within The Reserve Subdivision by Conger Management Group - southwest corner of N. Locust Grove and Chinden Boulevard: - Public Hearing: AZ 06-016 Request for Annexation and Zoning of 5.08 acres from RUT to R-4 (Medium -Low Density Residential) zone for Quarterhorse Subdivision by M2 Land LLC - 710 Black Cat Road: - Public Hearing: PP 06-010 Request for Preliminary Plat approval with 14 single family residential lots and 2 common lots for Quarterhorse Subdivision by M2 Land LLC - 710 Black Cat Road: - Public Hearing: VAR 06-008 Request for a Variance to Cul-de-sac length for Quarterhorse Subdivision by M2 Land LLC - 710 Black Cat Road: - Public Hearing: RZ 06-002 Request for a Rezone of 0.22 acres from I -L (Light Industrial) to O -T (Old Town) zones for Stan Lantz by Stan Lantz - 608 West 3`d Street: - Public Hearing: PP 06-020 Request for Preliminary Plat approval of 23 commercial lots on 31.37 acres in a C -G zone for Centrepointe Subdivision by Winston H. Moore - northwest corner of Ustick Road and Eagle Road: Meridian City Council Special Meeting — June 22, 2006 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 hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. — Public Hearing: VAR 06-013 Request for Variance to UDC 11 -3B -7C2 to count 15 feet of existing right-of-way for Eagle Road towards the landscape street buffer in the C -G zone for Centrepointe Subdivision by Winston H. Moore — northwest corner of Ustick Road and Eagle Road: — Public Hearing: MI 06-002 Request to Amend the previously approved Development Agreement for Walgreen's Pharmacy ( RZ 05-008) to allow an 8 -foot tall rather than 6 -foot tall CMU wall along the east property line by the Hawkins Companies — 3150 W. Cherry Lane: Ordinance No. : AZ 06-010 Request for Annexation and Zoning of 11.50 acres from RUT to a R-4 zone for Cardigan Bay Subdivision by Big River, LLC — 5450 and 5500 Larkspur Way: Ordinance No. : AZ 06-003 Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C -C (3.68 acres) for Hightower Subdivision by Hightower, LLC — southwest corner of Chinden Boulevard and Jericho Road: •- Executive Session per Idaho State Code 67-2345(1)(a) to consider hiring a public officot, employee, staff member or individual agent; (c) to conduct deliberations concerning the acquisition of an interest in real property not owned by a public agency; and (d) to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code: The public is welcome to attend the special meeting but the executive session will be closed to the public. .�`� OF DATED 16th day of June, 2006. C1 fVl- A n a i 7 — f3a . � . i.-> � . � 1 \ v WILLIAM G. BERG, JR. - CITE' CL7ES11B)e) Z' Meridian City Council Special Meeting — June 22, 2006 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 hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX * TION REPORT >* AS OF JUN 21 '06 IS PAGE. 01 CITY OF MERIDIAN t GITI � Wv I �C)t j0 I I Kij` (_ a 1iu—, ✓VLBYIG�1�'Y! ��� IDnr+O Y ��N6`f�.AaamVWF" MAYOR Tammy de Weerd NOTICE OF SPECIAL. MEETING CITY COUNCIL I&MBERS Keith Bird Joseph W. Barton MERIDIAN CITY COUNCIL Charles K Rountree Shaun Wardle NOTICE IS HEREBY GIVEN that the Cpy Council of the City of Meridian wall hold CITY DEPARTMENTS a SPeoial Meeting at Meridian City Hap, Council Chambers, 33 East Idaho Avenue, City Attorney/HR 703 Main Street Meridian, Idaho, on Thumday, June A 2008 at 7.60 PM. The Meridian City Cou ncp will 898-5506 (City Attorney) 898-5503 (HR) be heAft the cancelled agenda items from the June 20, 2008 City Council Regular Fax 884.877-3 Fire Meeting: 540 E. Franklin Road , COnSentAgendae 888-1234 /fax 895 0390 Park, & Recreation 77 W. Bower Street DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 02 0621 0824 3810160 EC—S 02'14" 004 246 OK 03 0621 0827 PUBLIC WORKS EC—S 01'21" 004 246 OK 04 0621 0829 8848723 EC—S 01'20" 004 246 OK 05 0621 08:30 WATER DEPT EC—S 01'21" 004 246 OK 06 0621 08:32 2088840744 EC --S 01'23" 004 246 OK 07 0621 08:34 POLICE DEPT EC—S 01'21" 004 246 OK 08 0621 08:36 8985501 EC—S 01'21" 004 246 OK 09 0621 08:38 LIBRARY EC—S 01'21" 004 246 CK 10 0621 08:40 IDAHO STATESMAN EC --S 01'20" 004 246 OK 11 0621 08:42 3886924 EC --S 01'20" 004 246 OK 12 0621 08:44 P -AND -Z EC—S 01'20" 004 246 OK 13 0621 08:46 FIRE DEPT EC—S 01'20" 004 246 OK 14 0621 08:48 208 688 2682 EC—S 01'22" 004 246 OK 15 0621 08:50 208 387 6393 EC—S 01'20" 004 246 OK 16 0621 08:51 ADA CTY DEUELMT EC—S 01'21" 004 246 OK 17 0621 08:53 2085052 EC—S 01'21" 004 246 OK 18 0621 08:55 LAKEVIEW GOLFCOU 63—S 02'33" 004 246 OK 19 0621 08:58 POST OFFICE EC—S 02'14" 004 246 OK 20 0621 09:01 IDAHO ATHLETIC C EC --S 01'21" 004 246 OK 21 0621 09:03 ID PRESS TRIBUNE EC—S 01'21" 004 246 OK 22 0621 09:09 2088886701 EC—S 01'19" 004 246 OK t GITI � Wv I �C)t j0 I I Kij` (_ a 1iu—, ✓VLBYIG�1�'Y! ��� IDnr+O Y ��N6`f�.AaamVWF" MAYOR Tammy de Weerd NOTICE OF SPECIAL. MEETING CITY COUNCIL I&MBERS Keith Bird Joseph W. Barton MERIDIAN CITY COUNCIL Charles K Rountree Shaun Wardle NOTICE IS HEREBY GIVEN that the Cpy Council of the City of Meridian wall hold CITY DEPARTMENTS a SPeoial Meeting at Meridian City Hap, Council Chambers, 33 East Idaho Avenue, City Attorney/HR 703 Main Street Meridian, Idaho, on Thumday, June A 2008 at 7.60 PM. The Meridian City Cou ncp will 898-5506 (City Attorney) 898-5503 (HR) be heAft the cancelled agenda items from the June 20, 2008 City Council Regular Fax 884.877-3 Fire Meeting: 540 E. Franklin Road , COnSentAgendae 888-1234 /fax 895 0390 Park, & Recreation 77 W. Bower Street A. Approve Minutes of May 2, 2008 City Council Regular Meeting: 888-3579 / fax 898-5501 B. Approve Minutes of Apel 18, 2008 Pre -Council Meeting: Planning 660 E. Watertower Lane C. Approve Minutes of May 2,20M Pre-Cotnlcil Meeting: Suite 202 884-5533 / fax 888-6844 D. Approve Minutes of May 9,2N6 Pre -Council Meeting: Police 1401 E. Walertower Lone I- Findings of Fad and Conclusions of LA' for Denial: CPA 08402 Request for a Carnprshe►urve 868-6678 / fax 846-7366 pram MapArnarltdrnardt0 Mange aPPnwdrnately 11.79 acres from Office to Maces -Use Community by Public Works Conger Management Group -875 and 715 South Wells Street: 660 C. Watortower Lane Suite 200 F. Funfings of Fact and Conchtskm of taw for Denial: AZ 06417 898-5500 / fax 8954551 Request for Annexation and Zoning of 11.79 acres from RUT to R-15 Building zone for It7[atla Sleet SubdivislOn by C2B Develolxnents, LLC - 675 and 715 Weiis Street; 660 E. Watertower lane Suite 150 687.2211 / fax 887-1297 G. F'mdirtp of Fact and Conclusions Of Law for Denial: PP 08417 Request for Prafti Lary Piet kris and 14 oomman approval Of 8415 401 N. Ten 3401 N. Ten Mile Food lots on 11.79 acres U a Proposed R-15 zone for wok—aft" zone Subdjtrislipn by C28 Developments, LLC - 675 888.2991/[ax 884-0744 and 715 Weft Street Water 2235 N.W. 8th Street H. F1110 gs of Fact and Conclusions of Law for Dental: CUP CS412 Request for a COndiiiOnal Use Permit for 18 lftntly 888-5242 / fax 884-1159 mt dwelptg units in a Proposed R-15 Zone for Webs Street tiuhdlv7ntiort by C28 Developments, LLC - 875 and 715 Wets Street: Meridian Clay Council Special Meeting -June 22, 2008 Page 1 of 4 All materials Pressated at Public meetings 91180 bG=ne property of the City of Merman. Anyone desiring accommodation for disabilifies related to doownerlts wWor hearings, please OW430 the Clty Clerk's Office st $88-4433 st least 48 hours prior to the puW0 meeting. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, 1DAH0 83642 (208) 888-4433 �P-�I FINANCT& UTILITY BILLING -FAX 987.4813 MAYOR'S OFFICE -FAX 884.8119 Printed w myckd paper ** TX COATION REPORT kk AS OF JUN 19 '06*49 PAGE.01 CITY OF MERIDIAN CITY C>Y�eQ rrn� �IDAIHIQ CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Thursday, June 22, 2006 at 7:00 p.m. (Rescheduled from Tuesday, June 20, 2006) "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 best of the ability of the presenter." 1. Roll -call Attendance: absent Shaun Wardle Joe Borton Charlie Rountree Keith Bird absent Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Bob Cutler with Christ Lutheran Church: 4. Adoption of the Agenda: S. Consent Agenda: A Approve Minutes of May 2, 2006 City Council Regular Meeting: B. Approve Minutes of April 18, 2006 Pre -Council Meeting: C. Approve Minutes of May 2, 2006 Pre -Council Meeting: D. Approve Minutes of May 8, 2006 Pre -Council Meeting: E. Findings of Fact and Conclusions of Law for Denial: CPA Os - 002 Request for a Comprehensive Plan Mao Amendment to change approximately 11.79 acres from Office to Mixed -Use Community by Conger Management Group — 675 and 715 South Wells Street: Meridian City Council Special Meeting Agenda — June 20, 2006 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 CIerKS Office at 888-4433 at least 48 hours prior to the public meeting. DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 20 06/19 0923 3810160 EC --S 02'34" 005 222 OK 22 06/19 09:27 PUBLIC WORKS EC --S 01'27" 005 222 OK 23 06/19 0929 8648723 EC --S 01'29" 005 222 OK 24 06/19 09:31 WATER DEPT EC --S 01'29" 005 222 OK 25 06/19 0933 2088840744 EC --S 01'33" 005 222 OK 26 06/19 0935 POLICE DEPT EC --S 01'28" 005 222 OK 27 06/19 09:38 LIBRARY EC --S 01'29" 005 222 OK 28 06/19 0940 2083776449 EC --S 01'28" 005 222 OK 29 06/19 09:42 3BB6924 EC --S 01'29" 005 222 OK 30 06/19 0944 P—AND—Z EC --S 01'28" 005 222 OK 31 06/19 09:46 FIRE DEPT EC --S 01'28" 005 222 OK 32 06/19 0948 208 888 2682 EC --S 01130" 005 222 OK CITY C>Y�eQ rrn� �IDAIHIQ CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Thursday, June 22, 2006 at 7:00 p.m. (Rescheduled from Tuesday, June 20, 2006) "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 best of the ability of the presenter." 1. Roll -call Attendance: absent Shaun Wardle Joe Borton Charlie Rountree Keith Bird absent Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Bob Cutler with Christ Lutheran Church: 4. Adoption of the Agenda: S. Consent Agenda: A Approve Minutes of May 2, 2006 City Council Regular Meeting: B. Approve Minutes of April 18, 2006 Pre -Council Meeting: C. Approve Minutes of May 2, 2006 Pre -Council Meeting: D. Approve Minutes of May 8, 2006 Pre -Council Meeting: E. Findings of Fact and Conclusions of Law for Denial: CPA Os - 002 Request for a Comprehensive Plan Mao Amendment to change approximately 11.79 acres from Office to Mixed -Use Community by Conger Management Group — 675 and 715 South Wells Street: Meridian City Council Special Meeting Agenda — June 20, 2006 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 CIerKS Office at 888-4433 at least 48 hours prior to the public meeting. t�l�ase ipubt-c-, Nc�.C�. -atucs GE7'Y OF ..' IDAHO j• � 7903 MERIDIAN CITY COUNCIL SPECIAL PRE -COUNCIL MEETING AGENDA Thursday, June 22, 2006 at 6:30 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho `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 best of the ability of the presenter." 1. Roll -call Attendance: Shaun Wardle Joe Borton ,Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Presentation for Blueprint for Good Growth by Nancy Merrill: 4. Discussion of ACHD Joint Meeting Items for Meeting on July -10, 2006: * Approximate allowable time set for agenda item may change depending on the discussion. Please us the designated minutes as a guideline only. Meridian City Council Special Pre -Council Meeting Agenda — June 22, 2006 Page 1 of 1 All materials presented at public meetings shall become properly of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 1. 2. 3. 4. 5. PI�GSC k qtr Piu10L_Cc� Qcj�x_cam.- Tha-v n i i f,ITY OF eYlG�1�YI s \may, IDAHO �}� CFVR ° 1�' Tnen uns V MAY ?YSIM " 9903 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Thursday, June 22, 2006 at 7:00 p.m. (Rescheduled from Tuesday, June 20, 2006) `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 best of the ability of the presenter." Roll -call Attendance: absent Shaun Wardle Joe Borton Charlie Rountree Keith Bird absent Mayor Tammy de Weerd Pledge of Allegiance: Community Invocation by Pastor Bob Cutler with Christ Lutheran Church: Adoption of the Agenda: Consent Agenda: A. Approve Minutes of May 2, 2006 City Council Regular Meeting: B. Approve Minutes of April 18, 2006 Pre -Council Meeting: C. Approve Minutes of May 2, 2006 Pre -Council Meeting: D. Approve Minutes of May 9, 2006 Pre -Council Meeting: E. Findings of Fact and Conclusions of Law for Denial: CPA 05- 002 Request for a Comprehensive Plan Map Amendment to change approximately 11.79 acres from Office to Mixed -Use Community by Conger Management Group — 675 and 715 South Wells Street: Meridian City Council Special Meeting Agenda — June 20, 2006 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 0 F. Findings of Fact and Conclusions of La for Denial: 9 nial. AZ 06- 017 Request for Annexation and Zoning of 11.79 acres from RUT to R-15 zone for Wells Street Subdivision by C213 Developments, LLC — 675 and 715 Wells Street: G. Findings of Fact and Conclusions of Law for Denial: PP 06- 017 Request for Preliminary Plat approval of 84 building lots and 14 common lots on 11.79 acres in a proposed R-15 zone for Wells Street Subdivision by C213 Developments, LLC — 675 and 715 Wells Street: H. Findings of Fact and Conclusions of Law for Denial: CUP 06- 012 Request for a Conditional Use Permit for 18 multifamily dwelling units in a proposed R-15 zone for Wells Street Subdivision by C213 Developments, LLC — 675 and 715 Wells Street: I. Water Main Easement Agreement for Pathways Elementary School by Meridian School District: J. Permanent and Temporary Easement Contract for Vance and Sandra Janicek for 2006 Trunk Sewer Project: K. Change Order No. 1 for the North Slough Trunk Line with Sommer Construction: L. Ratification of Agreement consenting to security interest in lessees leasehold interest at the LakeView Golf Course: M. Water Main Easement Agreement for Stow -It with Venga Ventures, LLC: N. Sanitary Sewer Easement Agreement for Arnke Subdivision by Meridian School District: O. 1st Amendment to Americorp Youth Coordinator Agreement between the City of Meridian and Franklin L. `Bud' Henthorn: P. Approve / Award Contract for Parks Master Pathway Plan to Alta Planning and Design: Q. Approve Contract and Scope of Work for Meridian Youth Baseball Complex with McAlvain Construction: R. Approve Contract with Recreation Idaho for the Adventure Island Splash Pad Equipment Purchase: Meridian City Council Special Meeting Agenda — June 20, 2006 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. 6. 7. 8. S. SHP 0.04 Request for Short Plat app royal for 2 buildinglots on 12.3 acres in an I -L zone for Lanark Surplus Subdivision by Meridian Joint School District No. 2 — 2311 East Lanark Street: T. Development Agreement: AZ 06-003 Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C -C (3.68 acres) for Hightower Subdivision by Hightower, LLC — southwest comer of Chinden Boulevard and Jericho Road: U. Contract with Irminger Construction for Pressure Reducing- Valve educingValve near the intersection of Kodiak and Stoddard: V. Resolution No. Water Master Plan Update: W. Resolution No. Sewer Master Plan Update: Department Reports: A. Legal Department — Bill Nary 1. Discussion of Community Recycling Fund for Solid Waste Advisory Committee for Adventure Island Playground: B. Planning Department — Steve Siddoway 1. Approve / Award Contract for Ten Mile Interchange Specific Area Plan to HDR, Inc.: 2. Update on South Meridian Area Plan Phase Two contract and timeline: Items Moved from Consent Agenda: Request to Withdraw Applications for Baltic Place Subdivision Addition by LC Development and Request for Refund of Fees: 9. FP 06-025 Request for Final Plat approval of 57 single-family residential lots, 7 common lots and one alley access lot on 11.72 acres in an R-8 (PD) zone for Crossfield Subdivision No. 2 by Heron River Development, LLC — 955 W. Ustick Road: 10. Continued Public Hearing from May 9, 2006: AZ 05-067 Request for Annexation and Zoning of 6.9 acres from Ada County RUT to R-15 Medium -High Density Residential zone for Casa Meridians by Insight Architects —1777 Victory Road: Meridian City Council Special Meeting Agenda — June 20, 2006 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. 11. Continued Public Hearing from May 9, 2006: CUP 05-060 Request for a Conditional Use Permit for a 32 -unit multi -family development in a proposed R-15 Medium -High Density Residential District for Casa Meridiana by Insight Architects —1777 Victory Road: 12. Public Hearing: VAC 06-008: Request for a Vacation of a Pressure Sewer Easement within The Reserve Subdivision by Conger Management Group — southwest comer of N. Locust Grove and Chinden Boulevard: 13. Public Hearing: AZ 06-016 Request for Annexation and Zoning of 5.08 acres from RUT to R-4 (Medium -Low Density Residential) zone for Quarterhorse Subdivision by M2 Land LLC — 710 Black Cat Road: 14. Public Hearing: PP 06-010 Request for Preliminary Plat approval with 14 single family residential lots and 2 common lots for Quarterhorse Subdivision by M2 Land LLC — 710 Black Cat Road: 15. Public Hearing: VAR 06-008 Request for a Variance to maximum cul-de- sac length requirement for Quarterhorse Subdivision by M2 Land LLC — 710 Black Cat Road: 16. Public Hearing: RZ 06-002 Request for a Rezone of 0.22 acres from I -L (Light Industrial) to O -T (Old Town) zones for Stan Lantz by Stan Lantz — 608 West 3rd Street: 17. Public Hearing: PP 06-020 Request for Preliminary Plat approval of 23 commercial lots on 31.37 acres in a C -G zone for Centrepointe Subdivision by Winston H. Moore — northwest comer of Ustick Road and Eagle Road: 18. Public Hearing: VAR 06-013 Request for Variance to UDC 11 -3B -7C2 to count 15 feet of existing right-of-way for Eagle Road towards the landscape street buffer in the C -G zone for Centrepointe Subdivision by Winston H. Moore — northwest comer of Ustick Road and Eagle Road: 19. Public Hearing: MI 06-002 Request to Amend the previously approved Development Agreement for Walgreen's Pharmacy ( RZ 05-008) to allow an 8 -foot tall rather than 6 -foot tall CMU wall along the east property line by the Hawkins Companies — 3150 W. Cherry Lane: 20. Ordinance No. AZ 06-010 Request for Annexation and Zoning of 11.50 acres from RUT to a R-4 zone for Cardigan Bay Subdivision by Big River, LLC — 5450 and 5500 Larkspur Way: Meridian City Council Special Meeting Agenda — June 20, 2006 Page 4 of 5 All materials presented at public meetings shall become properly 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. 21. Ordinance No.AZ 06-003 Annexation and Zoning of 24.03 acres from RUT to R-8.(12.31 acres), R-15 (8.04 acres) and C -C (3.68 acres) for Hightower Subdivision by Hightower, LLC — southwest comer of Chinden Boulevard and Jericho Road: 22. Executive Session per Idaho State Code 67-2345(1)(a) to consider hiring a public officer, employee, staff member or individual agent; (c) to conduct deliberations concerning the acquisition of an interest in real property not owned by a public agency; and (d) to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code: Meridian City Council Special Meeting Agenda — June 20, 2006 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. Meridian City Council Special Meeting June 22, 2006 The special meeting of the Meridian City Council was called to order at 7:00 P.M., Thursday, June 22, 2006, by Vice -President Joe Borton. Members Present: Keith Bird, Charlie Rountree, and Joe Borton. Members Absent: Mayor Tammy de Weerd and Shaun Wardle. Others Present: Bill Nary, Will Berg, Anna Canning, Jeff Lavey, Kenny Bowers, Len Grady, Steve Siddoway and Dean Willis. Item 1: Roll -call Attendance: Roll call. O Shaun Wardle X Charlie Rountree O X Joe Borton X Keith Bird Mayor Tammy de Weerd Borton: Welcome to the City Council meeting, Thursday, June 22nd, 2006, 7:12 p.m. Appreciate your coming on a Thursday, instead of a Tuesday. We will begin with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: Borton: Item No. 2, the pledge of allegiance, to be led Bryce Hurst. (Pledge of allegiance recited.) Borton: Hey, Bryce. Bryce. Rountree: You get a prize. Borton: You get a prize for doing the pledge. You get an opinion and I'm rarely, if ever, Mayor, so you get a Roaring Springs pass, too. Just remember who gave it to you. Rountree: When you're 18. Bird: Talking about campaigning. Item 3: Community Invocation by Pastor Bud Henthorn with Meridian Gospel Tabernacle: Borton. Item No. 3, community invocation. I'd like to welcome Pastor Bud Henthom, from Meridian Gospel Tabernacle to lead us. Thank you, Bud. Meridian City Council 4 • June 22, 2006 Page 2 of 37 Henthom: Heavenly Father, we thank you for this day. We thank you for the friends and the family and the neighbors that we have shared this day with. We thank you that we have walked through this day with you right beside us, with an awareness of your presence. We thank you, God, that you empower us to communicate with one another, to understand one another. We thank you, Lord, that when we come together to do the work of building a city, that you are there with us bringing unity according to your own nature. We ask, God, that your blessing would be with us tonight. We ask, Lord, that your blessing would be with our Mayor and her families as they are traveling. We ask, Lord God, that when we go to our own homes this evening that we would do so with a profound awareness that there is a loving Heavenly Father that is there with us again tonight, in Jesus' name, amen. Borton: Thank you, Bud. Henthom: Roaring Springs? Borton: Half a diet Coke? Bird: Where is his Roaring Springs pass? Item 4: Adoption of the Agenda: Borton: I'm out. Item No. 4, adoption of the agenda. Bird: Mr. Mayor? Borton: Mr. Bird. Bird: I move that we approve the agenda as published and that would include resolutions 06-520 and 06-521 and ordinances 06-1237 and 06-1238. Rountree: Second. Borton: It's been moved and seconded to adopt the agenda. All in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve Minutes of May 2, 2006 City Council Regular Meeting: B. Approve Minutes of April 18, 2006 Pre -Council Meeting: C. Approve Minutes of May 2, 2006 Pre -Council Meeting: D. Approve Minutes of May 9, 2006 Pre -Council Meeting: Meridian City Council • June 22, 2006 Page 3 of 37 I. Water Main Easement Agreement for Pathways Elementary School by Meridian School District: J. Permanent and Temporary Easement Contract for Vance and Sandra Janicek for 2006 Trunk Sewer Project: K. Change Order No. 1 for the North Slough Trunk Line with Sommer Construction: L. Ratification of Aareement consentina to securitv interest in lessees leasehold interest at the LakeView Golf Course: M. Water Main Easement Agreement for Stow -it with Venga Ventures, LLC: N. Sanitary Sewer Easement Agreement for Arnke Subdivision by Meridian School District: O. 1st Amendment to Americorp Youth Coordinator Agreement between the City of Meridian and Franklin L. `Bud' Henthorn: P. Approve / Award Contract for Parks Master Pathway Plan to Alta Planning and Design: Q. Approve Contract and Scope of Work for Meridian Youth Baseball Complex with McAlvain Construction: R. Approve Contract with Recreation Idaho for the Adventure Island Splash Pad Equipment Purchase: S. SHP 06-004 Request for Short Plat approval for 2 building lots on 12.3 acres in an I -L zone for Lanark Surplus Subdivision by Meridian Joint School District No. 2 — 2311 East Lanark Street: T. Development Agreement: AZ 06-003 Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C -C (3.68 acres) for Hightower Subdivision by Hightower, LLC — southwest comer of Chinden Boulevard and Jericho Road: U. Contract with Irminger Construction for Pressure Reducing Valve near the intersection of Kodiak and Stoddard: V. Resolution No. Water Master Plan Update: Meridian City Council June 22, 2006 Page 4 of 37 W. • 0 Resolution No. Update: Borton: Item No. 5, Consent Agenda. Bird: Mr. Mayor? Borton: Mr. Bird. Sewer Master Plan Bird: On the Consent Agenda, Items E, F, G and H have been asked to be continued to June 27th, 2006, and the rest of the Consent Agenda will stay as is and for -- I move that we approve it with the vice-president to sign and the clerk to attest on all papers. Rountree: Second. Borton: It's been moved and seconded to adopt the Consent Agenda as amended. All in favor say aye. Roll call? Berg: Mr. President, we will do roll call vote on the items in the Consent, any documents that may need that, if I may. Borton: Roll call on the Consent. Roll -Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Legal Department — Bill Nary 1. Discussion of Community Recycling Fund for Solid Waste Advisory Committee for Adventure Island Playground: Borton: Item No. 6, Department Reports. Legal department, Bill Nary. Nary: Thank you, Mr. Mayor. Thank you, Mr. Mayor, Members of the Council. What you have in front of you is a request from the Solid Waste Advisory Committee for the recycling funds -- each of these projects as they come along during the course of the year are bought back in front of you for separate approvals. What's being asked here is 25,000 dollars out of recycling funds, which is less than half of the cost of the total project that's being presented. This is for the Adventure Island Playground at the Settler's Park location. This was discussed and recommended by the Solid Waste Committee to be brought back in front of you and to be funded from those recycling Meridian City Council June 22, 2006 Page 5 of 37 funds. There is adequate money in the account to be able to fund that. So, if it meets your approval, it would just need a motion and a vote to approve that. Rountree: Mr. Mayor? Borton: Mr. Rountree. Rountree: In training. I move that we approve the request for recycle funds for the completion of Adventure Island Playground. Bird: Second. Borton: It's been moved and seconded to approve the allocation of funding from the recycle funds. No discussion? Roll call. Roll -Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Planning Department — Steve Siddoway 1. Approve / Award Contract for Ten Mile Interchange Specific Area Plan to HDR, Inc.: Borton: Thank you, Will. Department Report B, Planning Department. Steve, the award contract for the Ten Mile interchange program. Siddoway: Thank you, Councilman Borton and Members of the Council. This item is a -- the contract for the Ten Mile. It could have been on the Consent Agenda, but I wanted to give a chance for some discussion and dialogue and update you on the process. It's one that we are very excited about. Working backwards, our deadline for delivery of this product is the 1 st of December, so that we can create and submit a Comp Plan amendment from it for the December 15th cutoff. We are hoping for approval of the contract and notice to proceed tonight, so that we can meet the time lines in the contract. There are four major elements to this contract. The first is a market study to make sure that everything that we come up with in the land use planning efforts is based on the market for the area and region. Second is a land use plan that will refine the existing Comprehensive Plan land use designations. The third is a transportation element that will look at access management along those roads and at least down to a collector road system level and should many hand in hand with the land use plan. The fourth item deals with the Mayor's desire to raise the bar and increase the quality of development in Meridian and we are looking to prepare some urban design standards for products that are built in that specific area plan area. The Mayor and Council's desire -- oh, Mayor and Council's desire as to quality. That's what she's saying. Okay. There was a presentation to the Mayor and Council I believe the end of last month by Anna Canning that gave you some background information on this Meridian City Council • June 22, 2006 Page 6 of 37 project. The highlight, if you will, of this whole process is a charrette week that falls in the end of September where there will be an intensive design process, four days long, public agencies all invited to participate. There are separate agency coordination meetings, a public meeting ahead of that, and lots of groundwork to be done before charrette week and lots of work to be done preparing the plan after charrette week, but the charrette week itself is the -- what I would call the pinnacle of this process and one that should -- is a new process and a very exciting one that should bring a new quality of planning effort to this whole valley. I just wanted to point out on budget -- we did ask the consultant to provide information demonstrating that they were staying within the budget during the current fiscal year, which we have 70,000 available this fiscal year through the end of September and, then, the total amount is 97,000 and change for the total contract, but we did verify that the two fiscal years are within budget for the contract and with that I will stand for any questions. Borton: Thank you, Steve. Any questions? Bird: Yeah, Mr. Mayor? Borton: Mr. Bird. Bird: Steve, I seen the 70,000 -- not more than 70,000 in fees shall be incurred prior to October 1 st, 2006, but reading through this I don't see the total price down there. Am missing it? Siddoway: Yeah. In the contract -- if you go to the -- Exhibit B, which is the compensation, all of the individual items are line itemed and the ones that are selected to be part of this contract are right in item one on page one under scope of services. So, everything in the basic scope, which is up to the 82,460 is included and, then, we are adding to that items 2.1, 2.2, 2.3 and 2.9, which are the fourth day of charrette -- oh, sorry, the market analysis, urban design element are included in that 82,000. The fourth day of charrette. And, then, 2.9 -- we had tried unsuccessfully to find a consultant for the industrial land study, which was a 5,000 dollar budget item and they have agreed to do that as part of this contract. So, that's the other addition. Bird: Okay. Siddoway: The total is 97,140? 97,460 dollars. Borton: Any other questions? Rountree: Yes, sir. Question for either Steve or Anna. This makes me think about be careful what you wish for in the process that you set up, particularly if you're -- you're going to enter into a public process. What are the constraints on what can be considered? What's allowed there currently or what's going to be allowed there currently based on our Comp Plan or is it an open book? There is going to be some public expectations when they walk in that door that they can do something and, for Meridian City Council . June 22, 2006 Page 7 of 37 instance, you get an organized effort to stop commercial development or stop industrial development or stop residential development or whatever. Have you factored that into the -- how the process is going to be directed. Not saying it needs to be directed to any one of those, but that what side boards are going to be put on the process? Is it a complete open book or -- Siddoway: You're talking about during the charrette process? Rountree: Yes. Siddoway: Things are fairly open. Just like -- I would look at it as any Comprehensive Plan update. We are looking to -- as with any Comprehensive Plan update, we do a lot of research up front to see what our existing constraints are, find all the data that we have, and make -- we will have that available during charrette week. There is a lot of work on the front end. There will also be stake holder interviews, property owner interviews done. There will be agency coordination meetings and a public meeting prior to charrette week to educate the public how to best get involved and provide input. Rountree: Okay. So, that front end work with the private owners -- Siddoway: Would help educate the desires for that -- Rountree: So, we get an idea of what they are contemplating based on their knowledge of what's going on -- Siddoway: Most definitely. Rountree: -- what they knew when they acquired the property -- Siddoway: Uh-huh. Rountree: -- what they were anticipating, what flexibility they have, are they an open book, are they anxious to see what comes out of the market surveys, and flexible to that degree. And that will be available and somewhat put side boards and on what folks are going to be able to think about and work towards. Siddoway: It will all be -- it will all come together and be considered as the whole. We will be definitely considering the desires of the existing property owners in the area, if that's the concern. Are you worried that there is too many possibilities and too many different ideas or am I missing the point? Rountree: I'm concerned that you go into this and you haven't thought through of your worst nightmare and it happens and, then, what do we do? Bird: Yeah. Meridian City Council • June 22, 2006 Page 8 of 37 Canning: Councilmember Rountree, I think -- I think I understand your concerns. With the amount of research we are doing at the front end, I think we will have an opportunity to take a really off -target suggestion and say, no, we have this information that would suggest that that's not appropriate. Let's think about what it is you want out of that that maybe we can incorporate in. And I think we can -- you know, we are going to have to not be friends with everybody necessarily, but -- I mean it just takes some standing up and they have informed we all have to be there the whole four days, so -- Rountree: Oh, very good. Canning: And the consultant is quite experienced at this and I'm sure they have dealt with that and have some good tools for redirecting those conversations. So, I think it's worth -- well worth the risk in this case to -- Rountree: Just making sure you have given it the thought you have. Thank you. Borton: Any other questions? Rountree: I have none. Bird: Mr. Mayor? Borton: Mr. Bird. Bird: Steve or Anna, either one can answer this. Has our legal department looked this contract over? Siddoway: The template is from the -- from the legal department. Nary: Oh. Okay. Siddoway: It's legal department's contract. Bird: Okay. Thank you. Borton: No further -- Rountree: I have no further discussion, Joe. Borton: Then, I move we approve the award of the contract for the Ten Mile interchange not to exceed 97,460 to HDR, Inc. Rountree: Second. Borton: It's moved and seconded for the approval. Any discussion? Seeing none, Mr. Berg. Meridian City Council June 22, 2006 Page 9 of 37 0 Roll -Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. 2. Update on South Meridian Area Plan Phase Two contract and timeline: Borton: Thank you. Item No. 2, the update on the South Meridian Area Plan Phase Two contract. Rountree: Mr. Mayor? Borton: Mr. Rountree. Rountree: I move that we move forward with the phase two contract for the South Meridian Area Phase Two Plan. Bird: Second. Rountree: In the amount stated. Borton: It's been moved and seconded to move forward with the South Meridian Area Phase Two Plan contract. Any discussion? Bird: Mr. Mayor? Borton: Mr. Bird. Bird: Is there a total price on that, Anna? I'd like it for the record. Siddoway: It is under 50,000. 1 was just going to jump in and say is we, actually, do not need Council approval, technically, on this one. It is on here as an update. The Mayor has signed it. As a contract under 50,000, it is eligible for the Mayor to approve. We just wanted to make sure that the Council was aware of the project and the time line associated with it, but the contract amount is for just under 50,000 dollars. Borton: Okay. It was approved anyway. Siddoway: All right. Thank you. It's approved both ways. Borton: I see the March 31 st, 2005, to the one you're referencing. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 7: Items Moved from Consent Agenda: Meridian City Council June 22, 2006 Page 10 of 37 Borton: Item No. 7. Items moved from the Consent Agenda. I don't think any of them were. Item 8: Request to Withdraw Applications for Baltic Place Subdivision Addition by LC Development and Request for Refund of Fees: Borton: Item No. 8, request to withdraw applications for Baltic Place. Canning: Councilmember Borton, other members of the Council, we have had a request to withdraw this application. We received it fairly early -- very early in the process, actually. We had spent some time reviewing it for completeness and pre - application meetings and general discussions. The applicant has proposed 500 dollars to compensate for the time we have spent and staff feels that's a reasonable amount, so that would be a refund in the amount of 3,155 dollars. Borton: Okay. Bird: Mr. Mayor? Borton: Mr. Bird. Bird: I move we approve the refund to LC Development, Incorporated, in the sum of 3,155 dollars. Rountree: Second. Borton: It's been moved and seconded to approve the refund. Any discussion? Seeing none, roll call. Roll -Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: FP 06-025 Request for Final Plat approval of 57 single-family residential lots, 7 common lots and one alley access lot on 11.72 acres in an R-8 (PD) zone for Crossfield Subdivision No. 2 by Heron River Development, LLC — 955 W. Ustick Road: Borton: Item No. 9, FP 06-025, request for final plat. Canning: Councilmember Borton, your notes will say there is an outstanding issue. I think staff has worked through this and we feel confident that there is not an outstanding issue at this point. There is a landscape lot that will not have trees that was specifically requested and approved during the preliminary plat process. So, staff is -- there are no outstanding issues before Council that staff is aware of. Meridian City Council June 22, 2006 Page 11 of 37 Borton: Anna, do we need to make reference to a specific finding that is withdrawn on that concern or -- Canning: No. Just to that approve it with the applicant's comments, with changes to reflect applicant's comments and their response letter. Bird: Mr. Mayor? Borton: Mr. Bird. Bird: I move we approve FP 06-025 with applicant and staff comments. Rountree: Second. Borton: It's been moved to approve FP 06-025. Any discussion? Hearing none -- all in favor. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: Continued Public Hearing from May 9, 2006: AZ 05-067 Request for Annexation and Zoning of 6.9 acres from Ada County RUT to R-15 Medium -High Density Residential zone for Casa Meridiana by Insight Architects — 1777 Victory Road: Item 11: Continued Public Hearing from May 9, 2006: CUP 05-060 Request for a Conditional Use Permit for a 32 -unit multi -family development in a proposed R-15 Medium -High Density Residential District for Casa Meridiana by Insight Architects —1777 Victory Road: Item 12: Public Hearing: VAC 06-008: Request for a Vacation of a Pressure Sewer Easement within The Reserve Subdivision by Conger Management Group — southwest comer of N. Locust Grove and Chinden Boulevard: Borton: Thank you. Items 10, 11, and 12 have all been continued. Bird: Mr. Mayor? Borton: Or will be. Bird: Yeah. I move that we continue Items AZ 05-0267, CUP 05-060 and VAC 06-008 - - wait a minute. Yeah. I can do all of them even if they are not the same? To July 18th, 2006. We are going to do it that way anyway. Borton: July 18th? Meridian City Council • June 22, 2006 Page 12 of 37 Bird: Yeah. Rountree: I'll second it that way anyway. Borton: And reopen the Public Hearing on all three of those. After having opened the hearing. Bird: They were continued public hearings, so they were -- okay. Borton: Did you second them? Rountree: I did. Borton: All right. Moved and seconded. All in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 13: Public Hearing: AZ 06-016 Request for Annexation and Zoning of 5.08 acres from RUT to R-4 (Medium -Low Density Residential) zone for Quarterhorse Subdivision by M2 Land LLC — 710 Black Cat Road: Item 14: Public Hearing: PP 06-010 Request for Preliminary Plat approval with 14 single family residential lots and 2 common lots for Quarterhorse Subdivision by M2 Land LLC — 710 Black Cat Road: Item 15: Public Hearing: VAR 06-008 Request for a Variance to maximum cul-de- sac length requirement for Quarterhorse Subdivision by M2 Land LLC — 710 Black Cat Road: Borton: Item 13, AZ 06-016. Open the Public Hearing request for annexation and zoning for Quarterhorse Subdivision and begin the Public Hearing with staff comments. Canning: Councilmember Borton, other members of the Council -- Borton: Fourteen and fifteen. Excuse me. Well, 15 is a variance. Thirteen and fourteen. Fifteen is a variance and needs to be taken up separately. We can hold the Public Hearing, but you can't discuss it. Bird: You're right. Canning: It would be -- sometimes we do not open the variance when there is a Councilmember that wants to recuse himself from that discussion, but, generally, the variance applications -- Borton: Open the Public Hearing on Items 13, 14 and 15. Meridian City Council , June 22, 2006 Page 13 of 37 Canning: Thank you, sir. This is the Quarterhorse project. It's located at the southeast comer of Black Cat Road and Pine Avenue as shown here. Please note that it's bounded by Pine on the north, Black Cat on the west, and Quarterhorse on the south. So, it is nearly completely surround -- or surrounded on three of four sides by existing streets. You can see it's in large lot rural acreage currently. This is the proposed application. It is an annexation and zoning, preliminary plat, and variance request. And the proposed density is 2.75 units per acre. It's a little over five acres and they are asking for R-4 zoning and, then, a preliminary plat of approval of 14 lots. Amenities for the development include an open space lot at the terminus of the cul-de-sac and parkway planters adjoining the streets. The applicant is also seeking a variance to the cul-de-sac length, which is normally 450 feet. This one is 545 and I will talk more about that variance request. The Commission has recommended approval at their April 20th hearing. Ryan Camey spoke -- from Lochsa Engineering spoke in favor of the application. George Hanike spoke in opposition. And no one commented. The key issues of discussion by the Commission were the access and the turnaround. This plat that you see here was mirrored -- it was turned kind of flopped over from when the Planning Commission saw it. So, the original one that the Planning Commission saw had the road coming in here and, then, the cul-de-sac here. There was a problem with the fire department turnaround because of the length between the street and the end of the public street. So, by kind of flip-flopping the layout, they were able to get their approved turnaround at this point. This Quarterhorse Lane is currently a private lane and they would make it a public street to the end of their property, so even though the lane continues, this would be the end of the public road and that's why the access became important. So, the key Commission changes to staffs initial recommendation were that they did ask the applicant to rotate the proposed east -west cul-de-sac so it kind of flip flopped and also to require that they post Morgan Horse Court as not a through street and that's this cul-de-sac here. The outstanding issue before Council is the variance request and, again, as I noted before, it's currently 545 and our standard is 450. This is a unique piece of property. Staff did support the variance request. And as I pointed out to you earlier, this does have frontage along Pine. It has frontage along Ten Mile. It has -- it's providing a public street, Quarterhorse Lane, and they don't take access off of any of those streets. The only access they are taking -- road that they are taking access from is this Morgan Horse Court. So, requiring more street frontage didn't seem appropriate or equitable in this case. So, staff did support the variance. There are -- if the fire department needed to get through a backyard for some reason, they would have access from Pine. They could possibly take access from Black Cat. Have I been calling it Ten Mile today? I think I have. And -- or from Quarterhorse. Sony. And I have also -- the ACHD final report -- generally when we go to prepare our staff reports we have the draft report from ACHD. Apparently the final report had a number of changes that weren't caught in the findings that are before you tonight. I have provided you a sheet that has those revised findings on it. They weren't substantial, but we have shown them in underline and strike out version, so for the applicant this is what their ACHD approval is. It's just all we have done is copy the right ones into the site specific conditions of approval. So, this is not -- shouldn't be new information to the applicant is what I'm trying to say. We are just trying to make the two documents consistent, so that Meridian City Council June 22, 2006 Page 14 of 37 there is not confusion later on. That's all. I don't believe that they warrant discussion, unless Council has a question about any of those specifically. Okay. And with that staff is not aware of any other outstanding issues. Borton: Thank you, Anna. Any questions? Bird: I have none, Mr. Mayor. Rountree: None. Borton: Will the applicant come forward. Camey: Yeah. I am Ryan Camey with Lochsa Engineering representing M2 Land, LLC, owner and developer of this property. Address is 1311 West Jefferson, Boise, Idaho. I guess just in general I'll say I concur with all staff recommendations. There is a couple of small issues in that ACHD staff report that came out with regard to some of the improvement requirements along Black Cat and Pine, but besides that, if you have any specific questions I'll stand for those. Bird: I have none. Rountree: Mr. Mayor? Borton: Yes. Rountree: I don't like to make assumptions, so I'm asking you are all of the dwellings that are currently there going to be removed or are portions of them going to remain? Camey: All of the -- yeah, the dwellings and any other buildings -- I don't know that they are all dwellings -- they will be removed -- Rountree: Okay. Camey: --with this application. Rountree: Thank you. Bird: Mr. Mayor? Borton: Mr. Bird. Bird: I don't have any questions, I just want to give the staff and the applicant a compliment for bringing forth a project like this with the size lots and the low density and I certainly appreciate it and I hope it's setting a standard for out in that area. I want to thank you guys. Meridian City Council June 22, 2006 Page 15 of 37 Borton: Any questions? Rountree: I have none. Camey: Thank you. Borton: This is a Public Hearing Hearing none -- Anna? Rountree: Mr. Mayor? Borton: Mr. Rountree. C Anyone wish to comment on the application? Rountree: Seeing no further comment, I move that we close the public hearings for Items 13,14 and 15. Bird: Second. Borton: Moved and seconded to close the Public Hearing. All in favor. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Mr. Mayor? Borton: Mr. Bird. Bird: I move that we approve AZ 06-016, the request for annexation and zoning of 5.08 acres from RUT to R-4 and to include all staff, applicant, and public testimony. Rountree: Second. Borton: Moved and seconded to approve AZ 06-016. Any discussion? Hearing none, Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Mr. Mayor? Borton: Mr. Bird. Bird: I move that we approve PP 06-010, request for a preliminary plat and note that it is dated revised of 6/16/06 on the preliminary plat. Rountree: Second. Meridian City Council June 22, 2006 Page 16 of 37 Borton: Moved and seconded to approve PP 06-010. Any discussion? Seeing none, Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Mr. Mayor? Borton: Mr. Bird. Bird: I move that we approve VAR 06-008, the request for a variance of maximum cul- de-sac length and to include staff and applicant comments. Rountree: Second. Borton: Moved and seconded to approve VAR 06-008, variance request. Discussion? Rountree: I have none. Borton: Seeing none, Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 16: Public Hearing: RZ 06-002 Request for a Rezone of 0.22 acres from I -L (Light Industrial) to O -T (Old Town) zones for Stan Lantz by Stan Lantz — 608 West Td Street: Borton: Thank you. Item No. 16. I'd like to open the Public Hearing for RZ 06-002, request for a rezone, and begin this hearing with staff comments. Canning: Mayor and Council, this is a request for just a rezone to Old Town of the property located at 608 West 3rd Street. You will see it in light blue here just next to the railroad tracks -- or I think it's one house off of the railroad tracks. The applicant is requesting this rezone primarily because the existing family use is prohibited in the I -L. We frequently get rebuild letter requests for refinancing requests for these lots and, technically, the existing home could not be rebuilt without conditional use approval. So, this is -- the best way to take care of this is just to go ahead and rezone to OT, because it's consistent with that zone. And, therefore, staff is recommending approval. The Commission recommended approval at their May 4th hearing. Stan Lance spoke in favor of it. No one spoke in opposition or commented. There were no key issues of discussion, no key changes to staff recommendation, and no outstanding issues to our knowledge. Meridian City Council June 22, 2006 Page 17 of 37 Borton: Thank you, Anna. Any questions? Rountree: I have none. Borton: Mr. Lance signed up to comment. If you would like. You signed up in favor of your application. Rountree: We'd really like to hear from you, Stan. Or Tina. Borton: You don't have to. Any questions? Bird: Mr. Mayor? Borton: Mr. Bird. Bird: If we have no more discussion, I would move that we close the Public Hearing on RZ 06-002. Rountree: Second. Borton: Moved and seconded to close the Public Hearing. All in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. Rountree: Mr. Mayor? Borton: Mr. Rountree. Rountree: I move that we approve the request for rezoning for RZ 06-002 for Stan Lance, 608 West 3rd Street. Bird: Second. Borton: Moved and seconded to approve the rezone 06-002. Any discussion? Seeing none, Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 17: Public Hearing: PP 06-020 Request for Preliminary Plat approval of 23 commercial lots on 31.37 acres in a C -G zone for Centrepointe Subdivision by Winston H. Moore — northwest comer of Ustick Road and Eagle Road: Meridian City Council June 22, 2006 Page 18 of 37 Borton: Item 17. I'll open this Public Hearing on PP 06-020, request for preliminary plat for Centrepointe Subdivision and Item 18, VAR 06-013 and begin the Public Hearing with staff comments. Canning: Mr. Mayor -- so, may I quiz Mr. Rountree. Will you be staying for the landscape variance portion of this or do I need to separate it out? Rountree: Let me counsel with counsel for a second. There is not an issue there, is there? Nary: Mr. Mayor, Members of the Council, Councilmember Rountree, the issue that I guess that you need to decide there is -- I don't want to get too far into the hearing, but, basically, there is some remaining right of way that is being requested to be used as counting towards their landscaping. It would appear at this juncture there is no issue for ITD to deal with. It's already existing right of way that's there, that's going to remain there. If there is a concern or an issue regarding the future use of that right of way and whether that will impact this decision, I guess that would be your call on whether or not that's something you feel might be an issue for you. Rountree: Mr. Mayor, I would recuse myself for the variance. Borton: Okay. Just open Item 17, PP 06-020, request for preliminary plat. Mrs. Canning. Canning: Mr. Mayor, Members of the Council, this is the Centrepointe project. It's located at the northwest comer of Ustick and Eagle. The proposal includes preliminary plat to subdivide 31.37 acres into 23 commercial lots. The proposed subdivision doesn't include the Kohl's piece. So, it's only a portion of the larger property that was originally annexed. So, it doesn't include the 8.33 acres of Kohl's, nor does it include about the remaining third of the project to the north. So, the whole project was about 59 acres. This is 31.37 acres. The request does include to construct the parking areas. It doesn't include any individual buildings at this time, because those have to go through separate conditional use approval. But they are asking for approval to build the parking lot for several of the uses at this time and the drive aisle lanes that -- that make the site function, basically, and their access points coming from Eagle, extending into the property. Because there is no structures proposed, we don't have any elevations at this time. The Planning Commission did approve this -- or recommend approval of this project at their May 4th, 2006, Public Hearing. Jonathan Seel spoke in favor of it. No one spoke in opposition or commented. There were no key issues of discussion. There were a few changes to staffs recommendation. They were just to reflect the applicant's requested changes. These weren't substantive changes. The outstanding issues before City Council is, really, just the variance, which we will hear next and, then, modification to condition B 2.14. Again, this is taking one of our generic conditions of approval and asking to make it -- refine it a bit for this project. I'm not -- this does look like it was forwarded to the clerk -- should be part of your packets tonight, so you should have that material there. If you need for me to read it into the record I would be happy Meridian City Council June 22, 2006 Page 19 of 37 to do that. So, to our knowledge those are the -- there is really no outstanding issues before Council just on the preliminary plat. Borton: Anna, you're referring to that e-mail? Canning: Yes. I'm referring to the e-mail dated June 16th. Yes. Thank you, sir. Borton: Any questions? Rountree: I have none. Bird: I have none. Borton: Would the applicant come forward. Seel: Good evening. Jonathan Seel. W.H. Moore Company. 1940 Bonito, Meridian. think Anna has pretty well touched on it. I will just very quickly elaborate on a few things. As we mentioned, what we'd ask with this plat is that we could construct the parking up in this area and also this portion right here. As we said, this area down here is part of the Kohl's and it's not part of the plat. The plat also includes the public road back here, which at this point will stop at this -- at this point and ultimately, will continue to Wainwright, which is approximately the half mile mark. But because we have no plans for this at this point and ACHD does not have access or have a designed pathway at this point, this road is ending at this point. These are private drive lanes, both of these leading out to access out to Eagle Road. We have been approved for the access to Eagle in a separate variance back in '05 for this. So, again, as Anna also mentioned here, any of the buildings that will be coming in will come in under a CU under the development agreement that was approved back several years ago. So, with that I think, as I say, we have got the landscaping, which comes along both Eagle Road, as well as Ustick, and we also, of course, intend to landscape the ten feet on either side of this public road going back to through here. So, I think without elaborating anymore, if you have any questions I would be glad to answer it, otherwise, I will sit down and I guess we will talk about the variance next. Borton: Any questions? Bird: I have none. Rountree: Yes. Jonathan, I know this is conceptual, but what's going on here? Seel: This right here, Commissioner Rountree, is a sidewalk with some landscaping on either side of it. Rountree: Okay. Okay. Meridian City Council • • June 22, 2006 Page 20 of 37 Seel: What we have shown is a sidewalk here and it doesn't show particularly clear, but there is also another sidewalk here as part of the condition of the Kohl's, which I understand is not with this project, but there is also a sidewalk here, but the thinking being allowing these pad sites out here to maybe develop access between the pad sites and the various buildings. Rountree: Thank you. Good job. Seel: Any other questions? Borton: Yes, Mr. Seel. Without maybe getting into specifics, is there anything about the variance issue that impacts this preliminary plat? Whether that's approved or denied, does that impact the configuration of the -- Seel: Councilman, no. My understanding -- and we talked about that at the last one -- is the recognition that the plat might be altered depending on whether or not you approve the variance, but if you approve the variance, I think the -- in the staff report it says, basically, that this is not considered to be a material change to the plat. So, that's the understanding we have been going on and that's also, I think, what staffs opinion is. And Anna can certainly speak if she has a difference, but I think the verbiage that's in here speaks to that, it acknowledges that we are submitting for a variance. So, it's in essence -- and maybe I'm getting a little bit ahead of myself, but we are really talking about just really altering the landscaping along here, but I guess I should -- I guess I should stand to be corrected here. The actual property line for this will not change, it's just simply the 20 feet or 35 feet of landscaping will do. So, I probably misspoke there a little bit. But the actual plat itself and the lots will not change. Borton: Okay. Thank you. Seel: Sony, I didn't mean to go around on that. Borton: That's all right. Thank you. Seel: Sure. Any other questions? Rountree: I have none. Seel: All right. Thank you very much. Borton: This is a Public Hearing. Anyone else wish to comment? Seeing none -- Anna, anything else? Canning: No, sir. It wouldn't affect the plat, because we allow commercial developments to put the landscaping in an easement, rather than a separate lot. So, it would be -- they would just have more landscaping on their lots that they have shown along Eagle Road. Meridian City Council • June 22, 2006 Page 21 of 37 Borton: Thank you. Rountree: Mr. Mayor? Borton: Mr. Rountree. Rountree: Hearing no further comments, I move that we close the Public Hearing for Item 17. Bird: I second that. Borton: Moved and seconded to close the Public Hearing. All in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Mr. Mayor? Borton: Mr. Bird. Bird: Hearing no more discussion, I move we approve PP 06-020, request for preliminary plat approval, and to consider applicant and staff comments. Rountree: Second. Borton: Moved and seconded to approve Item 17, PP 06-020. Any discussion? Seeing none, Mr. Berg. Roll -Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 18: Public Hearing: VAR 06-013 Request for Variance to UDC 11-36-7C2 to count 15 feet of existing right-of-way for Eagle Road towards the landscape street buffer in the C -G zone for Centrepointe Subdivision by Winston H. Moore — northwest comer of Ustick Road and Eagle Road: Borton: Item No. 18, Councilman Rountree will be recusing himself and we will reopen - - or open Item 18, VAR 06-013, request for a variance at Centrepointe Subdivision and begin the hearing with staff comments. Canning: Mr. Mayor, Mr. Bird -- down to two. Bird: Well, we are down, aren't we? One thing about it, we can tie. Meridian City Council June 22, 2006 Page 22 of 37 Canning: The UDC does require a 35 foot landscape buffer in this area along entryway corridors and this is an entryway corridor. And, then, that can be in a common lot or within an easement. If approved, what this variance would allow is that the applicant could count some of the adjacent right of way toward fulfilling that 35 feet. So, what they have, in a nutshell, asked for -- and Mr. Seel has very much more precise information for you, but what they are, basically, asking for is that from their property line they provide 20 feet and, then, that other 15 feet -- at times it will be as little as ten feet in the ITD right of way and at other times it will be more than 15 feet. So, it will vary a little bit. But overall you would be getting, basically, the 35 feet. However, some of that is in the ITD right of way, but they would plant it, they would water it, they would maintain it, they would take care of that ITD right of way. When we first started talking about this, ITD had committed to Mr. Seel that they would sign something saying that -- or they would make a statement saying that they didn't need the excess right of way. Well, when he actually went to go and try and get them to make that statement, they were -- he was unsuccessful. So, we don't anticipate that ITD will be using this excess right of way. They have got the Eagle Road corridor plan and they are sticking with the smaller kind of urban section for this area. So, we do think that that will be excess right of way for sometime in the future. But it will be in right of way. So, I think that that's probably all I need to talk about right now and Mr. Seel, again, has some other information. I think, essentially, we are getting what we wanted for -- we do ask -- if the Council decides to approve this variance, we anticipate we will get similar requests all up and down along Eagle Road. So, you will need to let us know if you want us to make a text change in this particular case -- I mean I wouldn't recommend doing it along all the state highways, because they haven't been as studied and as planned for, perhaps, but it may be appropriate along Eagle Road. So, if you could give us your thoughts once you get to that point we appreciate that. And with that I will answer any questions you may have. Bird: Mr. Mayor? Borton: Mr. Bird. Bird: Anna, thank you very much. As I understand, 20 feet of this landscape will be on their property; right? Canning: Yes. Bird: And, then, at ten to 15 feet or even ten to 18 feet or 20 feet could be in right of way? What have we done between Fairview and the railroad tracks -- south of the railroad tracks? I know in some areas we haven't -- we haven't -- the right of ways are weeds and stuff like that and I would prefer they weren't weeds. I'd like to see them landscaped and taken care of and I think out there at Northgate and across the street at Blue Cross and that we have done that, haven't we, Anna. Aren't they landscaped, actually, in the right of way? Meridian City Council June 22, 2006 Page 23 of 37 Canning: I suspect they have. Whether they have -- to my knowledge we have never counted that toward the landscape buffer before, but I do believe -- Bird: But it has been a practice that has been done, just not a practice of counting it towards landscaping percent. Canning: Yes. I believe it has. Bird: Okay. Thank you very much. That's all I have. Borton: Thank you, Anna. Would the applicant come forward, please. Seel: What I'd like to do here is -- if I can -- and I apologize for the size of these, but I think -- Canning: Jonathan, you can just hand them all to Will and he can distribute them, if you'd like. Seel: Good evening again. Jonathan Seel, W.H. Moore Company. 1940 Bonito, Meridian. Just to give you a little bit of history behind this -- and I want to compliment staff on working with us on this. They have been very cooperative and we appreciate that. As you recall, back in the fall of last year we came to the City Council with a request for variances to allow three accesses. Of course, this only shows two, but three accesses for the Eagle Road project. What you're seeing here right now in this plan is the three accesses and you will see where the dimensions are. The dimensions where you see it is our project. So, if you -- like, for example, if you look at the 22 and a half feet or the various points, that's in our project. That's the three access points. I'm sorry that we don't have a detail, but this just came up on the construction drawings. So, in essence, what you're looking at on that plan is this area right here. And you will see the three access points there. They are shaded. So, hopefully, it's -- Councilman Bird, does that seem fairly straight forward? Bird: Yeah. That's great. Seel: Okay. Sony. I just -- make sure. What we did is when we -- we came to the City of Meridian and, of course, also ITD for approval. We got approval for three access points, but one of the conditions was -- is that we would improve Eagle Road both north and south of Ustick and the cost of that we estimate -- well, not estimate, we know it's going to be about a million three hundred thousand dollars by the time we are done. What it's going to entail is -- and as you probably show on here, we are going to put in dual left-hand tum lanes at the intersection, we are going to put right-hand tum lanes at the intersection to -- on both sides. I'm speaking both sides. Thank you. We are also going to put, in our case, the three approaches in, we are going to extend curb and gutter all the way along the entire length of ours. We will do curb and gutter 200 feet on the Lowe's side and 200 feet of curb and gutter on the south side of Ustick on either side of that for right now. And we have agreed to do that. So, there will be dual lefts Meridian City Council June 22, 2006 Page 24 of 37 here, there will be dual lefts there. In doing that we started to talk to ITD about this and it became evident, as you can see in the plan, that there is a substantial amount of what we will call access -- or surplus right of way. It went anywhere from -- you know, of the corner 16 and a half feet, some places it's over 20 feet. And the feedback we got from ITD on this is that they have no plan, either now or in the future, of changing this road beyond the two lanes both north and south. In fact, the plans that we currently have in front of them -- and there seems to be discussion, they may change Eagle Road to 45 mile an hour speed limit from 55. But what they said is they have absolutely no plans to change this, that this is the way it's going to stay and so, of course, then, that begged the question, well, if that's it, what happens with this surplus right of way. They had no plans, but what we thought is -- is if they are going to keep this as it is -- and, you know, I can't look you straight in the eyes and say to you absolutely they will not expand it sometime in our lifetime, but it seems highly unlikely to me that when you ask an individual out of his own pocket to spend almost a million three hundred thousand dollars, I would think it's very unlikely that -- I would hope that they would come back and change this and widen this road. So, we discussed it with them, we discussed it with staff, and the feeling was that we would improve this right of way through here, which could -- I suppose could very well be weeds, but improve this, landscape it, and, then, take 20 feet of our area on -- within our property and dedicate that to landscaping versus the 35 feet. So, I think as Anna said, I think in my mind it's a win-win situation. For one, it assures to the city that you have a nice landscaped -- I'll call it buffer along Eagle Road on our side. It won't be partially weeds, partially landscaping, and at the same time, then, we reduce our burden, because, otherwise, we will possibly face, if we did want to landscape it, of maybe 55 to 60 feet in landscape area here on top of almost a million three that we are going to spend in improving the roads. So, it would get very costly. So, with that this is what we would like to propose, that, yes, we will landscape it. As Anna said, there is a few spots where it is less than the 15 feet, but that's few. I think overall if you take the average, you're probably over 35 feet along there. So, again, I think you get what you would like and we are able to I think mitigate our impact as far as landscaping, but still get the nice product. And I think that's it. As far as the staff report, I'm certainly in agreement on that, but I just -- I wanted to emphasize what I think is a plus all the way around. Borton: Mr. Seel, you mentioned if it doesn't go forward this way you would have to do 50 feet of landscaping? Seel: Well, yes, yes. If you look, for example, at -- Commissioner, if you look on the plan, for example -- I'll get my glasses on here. If you will see these numbers, for example, like 22 and a half feet, you will see 18, you see 26, almost 27 feet, you see 27 feet down below, that means we either -- one of two things, either we -- I guess you leave that as -- somewhat as weeds or something like that or you landscape that on top of your 35 feet, so at the extreme you have got almost 57 feet in some areas that we would have to landscape, our 35 feet, plus say, potentially, the 25 feet that's within the ITD right of way. Borton: Would you have to landscape the right of way without a variance? Meridian City Council • June 22, 2006 Page 25 of 37 Bird: You'd want it to look that way. Borton: I mean you could, but you wouldn't be required to, would you? Seel: No. And that's -- I think -- I think that's what Councilman Bird brought up earlier, is the fact that, you know, you may have developers that come in and simply say, fine, I will do my property and my obligation, but I don't want to carry the burden for having to maintain the right of way, and I think -- Gary's left, so I can probably say this, but I know, for example, with ACHD their landscaping is Roundup and so either you do it or you leave it the way it is. And I'm not trying to be smart, I mean that's the reality. So, again, I think it's a win-win situation. You get a nice looking product, you have improved Eagle Road, but it also lightens our burden and you still get generally 35 feet or more of landscaping along there, which is what you'd like to have, so -- Borton: The reason I ask is if it doesn't go forward you weren't necessarily committing -- you were, to landscape all the right of way regardless -- when you said 50 feet, regardless, if we have to do 35 feet on our property and, then, we will might landscape the other 15 to 25 feet of right of way, which is -- Seel: Honestly, it's a possibility. I'd like to say to you, no, we won't, we will leave it as weeds. I mean that's a little bit stronger bargaining. But to be very honest, yes, we potentially would, but I think we are probably going to be a little bit more motivated, because, obviously, we made a commitment and I think it goes without saying that when Winston Moore says something he's going to come through with it and we will have a nice product there, so -- so I hope that answers your question. Borton: Okay. It does. Thank you. Are there any questions? Bird: I have no questions. Seel: Okay. Thank you very much. Borton: This is a Public Hearing. Anyone else wish to comment on this application or request? Seeing none, Mrs. Canning, anything else? Canning: I don't have anything further. If you have questions I will be happy to answer. Bird: While we are -- Mr. Mayor? Borton: Mr. Bird. Bird: While we are on here, I -- on public, Anna has asked if we approve this if we would -- would be our basis for the rest and I understand when we have got, basically, one mile to be developed on Eagle Road still within our jurisdiction -- does that sound about right, between Fairview and Ustick; right? The rest of it's pretty well developed. Meridian City Council June 22, 2006 Page 26 of 37 Canning: Yes, except that this is a landscape buffer, so unless the structure is physically built, they could come in and -- like Lowe's on the other side of the street would probably come in and ask also, because they haven't built all those paths yet. Bird: Well, I think you can go across and go down those and see that -- that this -- this developer is not going to leave any weeds regardless of what you do on him. Others have left weeds. This is one Council person that along there -- and I agree with you, if we could have started at the first, I would agree with what we have had in the UDC, but we have not been able to -- we did not start at the first of Eagle on a lot of things, but on particularly landscaping. I would -- I would count it to get it done, because I hate anything to go down a road and not see some landscaping, see weeds sticking up, and, you know, ITD or ACHD, the only thing they can afford is Roundup, to be truthful with you. I mean you can't afford all the stuff, but -- so, this is one Councilman, Anna, that would certainly have no problem if it beautifies the roadway of letting it count towards the deal, because there is developers that will and developers that won't. That's my comment. Borton: Anna, the only -- the concern that I have got is -- you know, we all acknowledge the fact that it's ITD's right of way and, you know, allowing this variance here or other places in 20 years it could be widened and you have got a 20 foot or 18 foot buffer when we really wanted a 35 foot buffer and through no fault of the applicant that's ITD's right and I noticed in this case that they are not willing to give it up, even though it seems as though there is no indication Eagle Road is ever going to expand. Do you have any comments or concerns? I agree with Mr. Bird, I'd love seeing the improvement on the right of way versus a Roundup type solution, but do you have any thoughts or concerns on that, that -- because every applicant, I agree with you, is going to come forward and make similar requests and it might look good now and the foreseeable future, but in 2020 and Eagle Road expands, we would be stuck with 17 foot setbacks. Canning: Well, we will always have at least 20 feet -- unless they acquire additional property. And 20 feet -- it's still a pretty good size landscape buffer. I guess that's been my thought, is worse comes to worse, we have still got 20 feet, probably. And it's a good size landscape buffer. For a commercial area it may be sufficient. Now, if it were a residential area and we were losing that 15 feet, I would tend to be more concerned, because you usually got a berm, for one, so you're going to have to restructure the whole berm and you lose that buffer -- kind of that shield from that street, whereas a commercial development kind of embraces the street a little more. So, I think that, you know, optimally it would be 35 feet and stay that way forever. Is this a reasonable request? It's been a hard one for me to really have a solid answer about and Jonathan will tell you I have had luke warm support for this probably the whole time. It's not like I have ever jumped up and down saying, oh, yeah, this is something we should do. It's a tough call, so -- Meridian City Council . June 22, 2006 Page 27 of 37 Borton: That's helpful. I think it's helpful information and I could -- I would say one other thing, I guess, Mr. Seel, I can tell you, as was discussed in this, I appreciate your remarks and you're a pretty stand-up guy in presentation and I'll say the same thing to Mr. Moore, to not come in and in your request and discussion to say that, you know, but for the variance it's going to be a bunch of weeds and fallow and hold our feet to the fire. It's a class act to make that type of presentation and those remarks, so that -- you might be willing to do it no matter what. I think that's first class. So, I appreciate that. Nary: Mr. Mayor? Borton: Mr. Nary. Nary: If the Council certainly wants to consider, since this is a variance request and we are also looking at the future requests that may be had, certainly the request is for the entire use of 15 feet of existing right of way, if you don't think 20 is adequate and 25 is some guarantee that you want to have assurance that at least there is a minimum standard on the applicant's property and if there is available right of way up to a certain amount for remainder, the other ten feet, you certainly have the option to do that. You don't have to do the full 15 feet that's been requested, you could certainly do a lesser amount and assure that there will always be some standardized buffer on the applicant's property. If 20 is adequate -- as Mrs. Canning said, she knows it's kind of hard to judge that I guess at this juncture, but if 20 doesn't give you a comfort level and 25 does, you certainly have the ability to make that motion instead and that would still allow applicants in those areas where there is available right of way to request that, if they can get a license agreement if they are going to maintain it, all those other things, but that at least gives you options if you'd like to consider something else. Borton: Okay. Bird: Mr. Mayor? Borton: Mr. Bird. Bird: I guess if we are not going to have anymore discussion, do you want -- I don't. So, I move that we close the Public Hearing VAR 06-013. Borton: Second. Moved and seconded. Any discussion? Seeing none -- or all in favor? MOTION CARRIED: TWO AYES. TWO ABSENT. Bird: Mr. Mayor? Borton: Mr. Bird. Meridian City Council • S June 22, 2006 Page 28 of 37 Bird: I would move that we approve VAR 06-013, the request for the variance, to count 15 feet of existing right of way on Eagle Road towards the landscape street buffer at Centrepointe Subdivision and to include all staff, applicant, and public testimony and I feel comfortable with 20 feet of owner's property if -- and Anna, evidently, does too, in her statement. So, I would not -- I would leave it at that with the 20 feet and 15 of theirs. Borton: Second. All right. I agree with Councilman Bird, with the 20 feet and Mrs. Canning's comments and the comments of the applicant and I look forward to seeing this area improved and cleaned up. Any other discussion? Bird: I have none. Borton: Mr. Berg. Roll -Call: Bird, yea; Rountree, absent; Wardle, absent; Borton, yea. MOTION CARRIED: TWO AYES. TWO ABSENT. Item 19: Public Hearing: MI 06-002 Request to Amend the previously approved Development Agreement for Walgreen's Pharmacy (RZ 05-008) to allow an 8 -foot tall rather than 6 -foot tall CMU wall along the east property line by the Hawkins Companies — 3150 W. Chevy Lane: Borton: Open the Public Hearing on Item 19, MI 06-002, request to amend previous development agreement and begin the Public Hearing with staff comments. Canning: Mr. Mayor, Members of the Council, I just can't say that tonight. I'm sorry. Just doesn't flow very well today. This is the Walgreen's pharmacy project that's located at the northeast comer of Ten Mile and Chevy and this is just a modification to the -- or an amendment to the development agreement. This is commercially zoned property. It is -- does adjoin residential property. The applicant is asking to amend site specific condition number 3-C, which is on the first page of Exhibit D and that's states: Replace the existing wood fence along the east property line and construct a six foot tall CMU wall as proposed. Construct a four tall CMU wall along the north landscape planter as proposed. So, the provision is along the east wall and the applicant would like to construct an eight foot tall CMU wall, rather than the six foot tall one and it's just because the condition of approval was so specific and the discussion in the meeting was so specific that we felt that this needed to be approved by Council. An eight foot wall is allowed under the commercial zone, even if it adjoins a residential zone. The height limit in residential is six feet. The height limit in commercial is eight feet. So, as long as it's on the correct side of the property line it could be eight feet. That is all there is, really, to this issue and I'll answer any other questions you may have. Borton: Any questions? Bird: I have none at this point. Meridian City Council • • June 22, 2006 Page 29 of 37 Rountree: I have none. Borton: Would the applicant come forward, please. Aguilar: Good evening. I'm Jessica Aguilar with Hawkins Companies, 8645 West Franklin Road, Boise, Idaho. Mrs. Canning pretty much said what our request is. Walgreens has recently changed their criteria with regards to developments adjacent to residential neighborhoods. They like to provide additional screening, so they just asked for the eight foot wall, in lieu of the six. We did send letters to the three property owners that will abut that wall, to the Hanks residence, the Smiths, and the Fredericksons, just notifying of our intent to construct a wall, that this was coming up to City Council for review and if they had any concerns, to please contact us. No one made any contact with us regarding the wall, so we are assuming by not responding that they are agreeable to the request. And I'll be happy to answer any questions that you might have. Borton: Any questions? Rountree: Mr. Mayor. Oh, you opened the door. Borton: Mr. Rountree. Rountree: I just have a question. You indicated that Walgreens has changed their standards of buffering as it relates to building in residential -- or adjacent to residential areas. I might suggest that what I suggested previously is that they might also look at their architectural design as it relates to their footprint and presence within and amongst residential units. I know they are not, but just cant' the message. Aguilar: I'll make note of it. Rountree: Thank you. Borton: Any other questions? Bird: Just a statement. Borton: Mr. Bird. Bird: When you cant' the message, it's just from one Councilman. Rountree: Oh, yeah, he likes blocks. Bird: I like brick. Meridian City Council . June 22, 2006 Page 30 of 37 Borton: My only comment would be I like that -- when you send a letter to the public, maybe for future use, to send it to the clerk, we can see it in advance and one of the things -- because we look at those kind of things before tonight -- Aguilar: Sure. Borton: It would be nice to know that these particular active measures to benefit the -- to let us see that you have done the contacting. Aguilar: Sure. Thank you. Borton: There are two individuals signed up for public comment. Lee White. Neutral. Okay. And Bill Hanks. Neutral. Mr. Hanks. Hanks: Good evening, gentlemen. The only thing I'd like to add -- Nary: State your name and address, please, sir. Hanks: I'm sorry? Nary: Could you state your name and address, please. Hanks: Yeah. Bill Hanks. I live at 3057 West Ann Street. My property is adjoins where the fence is going to be and I have a question for this young lady. I was unable to get any kind of an answer from -- I called them several times, but nobody wanted to give me an answer. My only concern is when they put up the fence, I have a six foot wooden fence there and I wanted to know -- there would be no way I would maintain the fence. I wonder if they are going to remove my fence and replace it with the block fence. That's the only question I had. Like I say, I couldn't get an answer out of anybody at Hawkins, because nobody wanted to talk to me, I guess. Rountree: Mr. Mayor? Borton: Mr. Rountree. Rountree: I have a question for Mr. Hanks. Do you have a preference? Hanks: I would want them to take my fence out and put a block fence in its place. That's the only thing I'm asking. Rountree: Okay. Thank you. Hanks: But, like I say, I hated to come up before the Council, but -- Rountree: We will get your question answered. Meridian City Council is June 22, 2006 Page 31 of 37 • Hanks: Okay. Super. Do I have permission to talk to this young lady or -- Rountree: We will ask her to come talk to us and address your question. Hanks: Thank you. Borton: Nobody else has signed up. Is there anyone else from the public to provide comment? Borton: Mrs. Aguilar, if you would, please, come back up and -- you heard Mr. Hank's question about fence and what you're willing to provide. Aguilar: It is my current understanding that we will not be required to modify or -- let me restate that. Disturb the existing fence with regards to constructing the CMU fence. The CMU -- or wall. The CMU wall will be on our property and per my last conversation with my construction manager, it was his indication from the contractor that they can perform all the work on our property and not have it impact to the adjacent neighbors, because we were concerned about potentially damaging any plantings or irrigation and concerned about pets that would be in the backyard or children. So, our contractor I guess devised a construction plan, if you will, to construct the wall without disturbing the existing wood fence. Now, with regards to removing that wood fence, I will -- all I can say at this point is I can have my construction manager contact Mr. Hanks and walk the property and see what they can do with regards to removing his portion of the fence, but, again, our intent as of now, it's my understanding, we will not disturbing the existing wood fence that's there. And if I may add, nor is it my understanding that it was a requirement to remove the fence and maybe Mrs. Canning can comment on that. I have -- Canning: Well, regardless of whether it was a requirement at the last hearing, this is -- this does open up the development agreement for Council's consideration. So, I can research that issue if you'd like me to, but it's certainly on the table again, since the applicant has asked for this modification. Aguilar: And I would say that we are not opposed to it, we were just trying to minimize or not have any impact to the residents and not disturb anything. That was our goal. Bird: Mr. Mayor? Borton: Mr. Bird. Bird: Clarification. Now, you're going to put up a block fence? Aguilar: Yes, sir. Bird: And you're putting it on your property line and Mr. White and Hanks has moved up right next to you; right? There is an easement that runs down between the places? Meridian City Council • June 22, 2006 Page 32 of 37 Aguilar: No, sir. And it's our intent to construct the wall and the footing on our property. If I may just add, in the past we have had -- we have run into problems where our contractors have installed a block wall on the property line and -- but failed to note that the footing, as you might be familiar with a footing -- Bird: Yeah. Quite familiar. Aguilar: -- gets also constructed on the adjacent neighbors and that creates a problem. We have to often go back -- in the past we have had to go back and get easements, construction easements, easements for that fence. So, what we are trying to do is to avoid all that and keep all the construction strictly on our property. Bird: Yeah. Your footings are going to be 18 inches, while your block's eight inches, basically. Aguilar: I don't have the construction details, but I -- Bird: That's basically what a footing would run. And what their concern is -- and my concern is is how are you going to get back there to clean the joints if he -- if they have got a fence up. His concern is on a wood fence you have got to take care of it. You have got to oil it or you got to linseed oil them or something. He's not going to be able to get to the back side of it. Most wood fences are put in where the outside is the facing part. The inside is where the posts and stuff is put in, is what I would call the rough part of the fence is on the inside and the side you look at is on the outside. He's got -- they have got -- if they have wood fences, they have got a real concern and I have got a concern of -- you guys are just going to leave your mud and mortar without striping it down and -- because you're not going to have the room, unless you have got an awful long arm, thin guy. You're going eight foot up and I think this is -- I think that this is something that we need to look into the development agreement on. I've got a real concern for the neighbors' fences on this. I really do. And I think they are -- I don't think they are being out of line in asking for a clarification. I would want a clarification. Canning: Sir? Mr. Mayor. Silly me, I read that condition to you at the beginning of the hearing. It does say replace the existing wood fence along the east property line and construct a six foot tall CMU wall. So, that is the existing condition of approval. Aguilar: If that's a requirement of the DA, then, we will remove the fence. But I would like to add -- and I apologize for not including a copy of this letter to those neighbors, no one has contacted me with any concerns regarding this, when I specifically requested that. My name is listed first with all my contact information, office, cell, e-mail. So, that's why Hawkins companies was not concerned, because we didn't hear any feedback from the neighbors. We will go out of our way to contact them again and do our best to try and contact them, ask them if there is any concerns. We will remove the fence. We are trying to coordinate the construction of the wall with them. Again, we are concerned about pets, kids, any existing irrigation piping they have there, because we Meridian City Council June 22, 2006 Page 33 of 37 • don't want to damage it and our intent was to construct the wall entirely on the Walgreen's parcel and not to have it impact on the residence. We thought that was a positive thing not to impact them or disturb them. Bird: And I agree with that, but like you said, this -- but he, evidently, had been calling your office and getting no responses on this and it being in the development agreement, there should have been no question. Somebody should have said automatically, yeah, the wood fence goes. But at each property line the side fences, you have got to tie into that, because you're going to hold back. I mean there is going to be a six, eight inch space between where the wood fence -- where you tear the wood fence out and where your block goes, because you're telling me you're going to put your footings all on your property, so you're going to be at least ten inches in before you start the block from their property line and their fence is sitting on their property line I'm sure. So, I think you need to go back -- my opinion, you need to go back with these three affected neighbors, if they have got fences up, existing fences up now, and sit down with them and work this solution out. Aguilar: Again, we have been trying to communicate with them, but when they don't respond back to us, I don't know what else we can do, sir. Bird: Okay. Well, you know, we are getting two stories, one saying he can't get an answer and -- and so I -- it's probably not a big problem that it could be solved real easy, but it needs to be solved before it's done. Aguilar: I understand. And may I add that our drawings have already been through the building department and we are already in construction and, again, to my knowledge no one's contacted me or -- like I said, I have direct lines and cell phones, no one has communicated with me directly. Maybe they have tried to communicate with the contractor out there, but that is not the -- the contact information we gave out in these letters, but we will go back and try and contact them again and try and make any remedies, if there are any requested, by those adjacent property owners with regards to the CMU wall and the fence. Bird: You have got two of them right here right now. After the meeting you can get -- in just two minutes and I believe these two gentlemen are both owners that one -- two of the three owners? Aguilar: Actually, just one of them is, sir. Bird: Oh, just one of them? Okay. Well, you got one of them there you can contact. Borton: Any additional questions? Mr. Bird, are you suggesting that it be continued? Bird: No, I'm not. While we are in public, Mr. Mayor, I have no problem with, basically, what the variance is asking for is a two foot more CMU wall. Our development agreement, after what Anna brought forward, takes care of the property -- existing Meridian City Council . • June 22, 2006 Page 34 of 37 property fences and if it isn't done to satisfy -- to the satisfactory conditions of our staff or the neighbors, we got the development agreement to go back on. I have no problem with approving the variance. Borton: Thank you, Mrs. Aguilar. Seeing no additional public comment, I move we close Public Hearing MI 06-002. Bird: Did you make a motion? Borton: Uh-huh. Bird: I second it. Borton: It's been moved and seconded. Any discussion? All in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. Borton: Move we approve the request to amend the previously approved development agreement, MI 06-002, to allow eight foot, rather than a six foot wall, to include staff and applicant comments and specifically the requirement that that eastern fence be replaced. Bird: Second. Borton: It's been moved and seconded. Any discussion? Bird: Discussion. The motion made was -- the only thing on the development agreement changing is the height; right? Borton: Correct. Bird: Six to eight. Borton: Yeah. Item 3-C, I believe -- Bird: Okay. Borton: -- is the only amendment. Rountree: Mr. Mayor, I'm just going to comment that I have a long standing objection to this particular project, so I probably won't be supporting the variance request. Borton: Seeing no further discussion, Mr. Berg. Roll -Call: Bird, yea; Rountree, nay; Wardle, absent; Borton, yea. Meridian City Council June 22, 2006 Page 35 of 37 MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. Item 20: Ordinance No. 06-1237 : AZ 06-010 Request for Annexation and Zoning of 11.50 acres from RUT to a R-4 zone for Cardigan Bay Subdivision by Big River, LLC — 5450 and 5500 Larkspur Way: Item 21: Ordinance No. 06-1238 : AZ 06-003 Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C -C (3.68 acres) for Hightower Subdivision by Hightower, LLC — southwest comer of Chinden Boulevard and Jericho Road: Borton: Thank you. Items 20 and 21, Ordinance No. 06-1237, 06-1238. I'd ask the clerk to read these by title only. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance No. 06-1237, an ordinance for annexation of property located in the southeast quarter of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-4 in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Berg: Ordinance 06-1238, an ordinance for annexation of property located in the northwest quarter of the northeast quarter of Section 30, township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-8 in the Meridian City Code, providing that copies of the ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Borton: You have heard the reading of this — these ordinances by title only. Anybody wish to have them read in their entirety? Seeing none -- Bird: Mr. Mayor? Borton: Mr. Bird. Bird: I move we approve ordinances number 06-1237 and 06-1238, with suspension of rules. Meridian City Council to June 22, 2006 Page 36 of 37 Rountree: Second. 0 Borton: Moved and seconded to approve Items 20 and 21. Any discussion? Seeing none, roll call. Roll -Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 22: Executive Session per Idaho State Code 67-2345(1)(a) to consider hiring a public officer, employee, staff member or individual agent; (c) to conduct deliberations concerning the acquisition of an interest in real property not owned by a public agency; and (d) to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code: Bird: Mr. Mayor? Borton: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(a), (1)(c) and (1)(d). Rountree: Second. Borton: Moved and seconded. All those in favor -- oh, roll call. Sony. Roll -Call: Bird, yea; Rountree, yea; Wardle, absent; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. EXECUTIVE SESSION: Rountree: Mr. Mayor. Borton: Mr. Rountree. Rountree: I move that we come out of Executive Session. Bird: Second. Borton: It's been moved and seconded. All in favor. THREE AYES. ONE ABSENT. MOTION CARRIED. Bird: Mr. Mayor. Meridian City Council June 22, 2006 Page 37 of 37 Borton: Mr. Bird. Bird: I move we adjourn the meeting of June 22, 2006. Rountree: Second. Borton: It's been moved and seconded. All in favor. THREE AYES. ONE ABSENT. MOTION CARRIED. MEETING ADJOURNED AT 9:34 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ME � i 1 .- -. ATTESTED WI r ?/ 111 06 DATE APPROVED G. BERG JRV, June 16, 2006 MERIDIAN CITY COUNCIL MEETING June 22,2W6 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of May 2, 2006 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. 0 • June 16, 2006 MERIDIAN CITY COUNCIL MEETING June 22, 2006 APPLICANT ITEM NO. 5-B REQUEST Approve Minutes of April 18, 2006 Pre -Council 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. June 16, 2006 MERIDIAN CITY COUNCIL MEETING June 22, 2006 APPLICANT ITEM NO. S -C REQUEST Approve Minutes of May 2, 2006 Pre -Council 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. • 0 June 16, 2006 MERIDIAN CITY COUNCIL MEETING June 22, 2006 APPLICANT ITEM NO. S -D REQUEST Approve Minutes of May 9, 2006 Pre -Council 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. E June 16, 2006 CPA 05-002 MERIDIAN CITY COUNCIL MEETING June 22, 2006 APPLICANT Conger Management Group ITEM NO. 5-E REQUEST Findings for Denial -- Request for a Comprehensive Plan Map Amdmt to change approximately 11.79 acres from office to mixed-use community — 675 and 715 South Wells Street 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 attached Findings for Denial Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 i June 16,2W6 AZ 06-017 MERIDIAN CITY COUNCIL MEETING June 22, 2006 APPLICANT C26 Developments, LLC ITEM NO. S -F REQUEST Findings for Denial — Request for Annexation and Zoning of 11.79 acres from RUT to R-15 zone for Wells Street Subdivision — 675 and 715 Wells Street 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 attached Findings for Denial Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. June 16, 2006 PP 06-017 MERIDIAN CITY COUNCIL MEETING June 22, 2006 APPLICANT C213 Developments, LLC ITEM NO. 5-G REQUEST Findings for Denial — Request for Preliminary Plat approval of 84 building lots and 14 common lots on 11.79 acres in a proposed R-15 zone for Wells Street Subdivision — 675 and 715 Wells Street 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 attached Findings for Denial Contacted: Date: Emailed: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. i June 16, 2006 CUP 06-012 MERIDIAN CITY COUNCIL MEETING June 22, 2006 APPLICANT C2B Developments, LLC ITEM NO. 5-H REQUEST Findings for Denial — Request for a Conditional Use Permit for 18 multifamily dwelling units in a proposed R-15 zone for Wells Street Subdivision -- 675 and 715 Wells Street 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 See cdfached Findings for Denial Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 0 0 June 16, 2006 MERIDIAN CITY COUNCIL MEETING June 22, 2006 APPLICANT ITEM NO. S -I REQUEST Water Main Easement Agreement for Pathways Elementary School by Meridian School District AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See aRached 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: f� V� 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. • ADA COUNTY RECORDER J. DAVV VARRO AMOUNT .00 9 BOISE IDAHO 06/29/06 02;43 P DEPUTY Po RECORDED ° REQUEST OF III 106104197 III iy of IBeridian WATER MAIN EASEMENT THIS INDENTURE, made this]- day o 20&between%l 1& �.Tthe parties of the first part, and hereinafter called the Gran rs, 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 Water Main Easement EASMT WTR MAIN.doc effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Dr. Lmcra Clark, Superinten e STATE OF IDAHO ) ) ss County of Ada ) On this -10 L- day of APY� 1 .2016, before me, the undersigned, a Notary Public in and for said State, personally appeared W Vida. Cdax4&- and . known or identified to me to be the Superintendent of Joint School District No. 2 that executed the within 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 fist above written. A RAO NOTARY PUBLIC FOR IDAHO ,� �j �•� Residing at LAAA-t�- � 0r.'4 n,� Commission Expires: -3-Al-019 4p �. A48 LIC, i I..C. F ID Water Main Easement EASMT WTR MAIN.doc 1V7=1L4Wb'7_V-'= IUI Attest by William G. Berg, Approved By City Council On: STATE OF IDAHO, ) : ss. County of Ada 0 o y C'Ur �1 oZ� da ofd- , 20before me, Z I' On this y � _, the undersigned, a ��` � I U `I t t S - Notary Public in and for said State, personally appeared and WILLIAM G. BERG, \` JR., known to me to be the and City Clerk, respectively, of the City of Meridian, Idaho, and who execute the wi strument, 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 S6 60 1-1,q sw�- V,/ -- NOTARY PUBLIC FOR� IDAHO Residing at: yYL� tl�7Gr� Commission Expires: MAIN.doc EASMT WTR r: P.N. 2280 A& engineers & surveyors 120 N. Curtis Rd. Boise, Idaho 83706 (208) 376-8555 Fax (208) 429-9862 L� 1IC March 30, 2006 PATHWAYS MIDDLE SCHOOL ACADEMY NORTH WATER. LINE EASEMENT DESCRIPTION A 20 foot wide strip of land for the purpose of a water line easement being a portion of the North 1/2 of the Southwest 1/4 of Section 32, T.4N., R.1 E., B.M., Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the Southwest corner of said Section 32; thence N 0031'04" E along the West boundary of said Section 32 for a distance of 1661.87 feet; thence leaving said West boundary S 89°38'40" E for a distance of 48.00 feet to the Southwest corner of Education Campus Subdivision as filed in Book 86 at Page 9804, Ada County Records; thence continuing S 89138'40" E along the South boundary of said Education Campus Subdivision for a distance of 702.29 feet; thence leaving said South boundary N 00°31' 15" E for a distance of 468.56 feet to the REAL POINT .OF BEGINNING of said 20 foot wide strip of land lying 10 feet left and 10 feet right of the following described centerline: thence S 89°28'45" E for a distance of 202.80 feet; thence S 00'31'15" W for a distance of 47.31 feet; thence N 89128'45" W for a distance of 10.84 feet; thence S 89128'45" E for a distance of 10.84 feet; CAProimtsWeridian Charter school -Locant Grove(2280)\DocumentsWorthwftEase.doc-1 Vafm 4 n 0 . thence N 00°31' 15" E for a distance of 47.31 feet; thence S 89°28'45" E for a distance of 51.65 feet to the point of terminus of said centerline and 20 foot wide strip of land; Prepared. by: Todd R. Waite P.L.S. CAProjecusWeridian Charter School -Locust Grove(2280)\Documents\NorthwtxF.m.doc-2 On 0 S CD O+ •N. GR 0 VE RD. LoCusr Cp ,488.56. m to Q C n Q b ._ c -i ' (A O � o i 10 C to 1 •L ,488.56. n LJ P.W. 2280 engineers & surveyors 120 N Cerus Rd Bois, hhho 83706 (208) 376-8555 Fax (208) 429.9862 March 301 2006 Revised May 23, 2006 PATHWAYS MIDDLE SCHOOL ACADEMY SOUTH WATER LINE, EASEMENT. DESCR,IPTWN A 20 foot wide strip of land for the purpose of a water line easement being a portiois of the North 1/2 of the Southwest 1/4 of Section 32 T.4N.0 X113.0 B.M., Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the Southwest corner of said Section 32; thence N 00°31404" E along the Wort boundary of said Section 32 for a distance of 1661.87 feet; I thence leaving said West boundary S 89°38'40" E for a distance of 48.00 feet- to the Southwest corner of Education Campus Subdivision as filed in .Book 86 at Page 9804, Ada County Records; thence continuing S 89038'40" E along the South boundary of said Education Cainpus Subdivision for a distance of 564.22 few thence leaving said South boundary N 00°00'00" W for a distance of 120.82 feet to the REAL POINT OF BEGINNING of said water line easement; thence coutinu ing N 00000'00" W for a distance of 20.00 feet; thence S 900001-00" E for a distance of 23.90 feet; thence S 67°30'00" E for a distance of 81.23 feet,- thence eet; thence S 90000'00" E for a disuse of 4.71 feet; C:Wkq***&FWi= C W rW School -Loc= (hove(2M)WoCMMW MhWirPme-REV.doc-1 1)q Poo • .• thence N 00°00'00" E for a distance of 10.00 feet; thence S 90°00'00" E for a distance of 10.00 feet; thence S 00*00'00" W for a distance of 10.00 feet; them S 90000'00" E for a distance of 114.11 feet; thence 1N' 00°00'00" E for a distance of 8.85 feet; thence S 90°00'00" E for a distance of 19.41 feet; thence S 00°00'00" W for a distance of 8.85 feet; thence S 90°00'00' E for a distance of 10.06 feet; thence S 00°00'00" W for a distance of 20.00 feet; thence N 90°00'00" W for a distance of 162.26 feet; thence N 67°30'00" W for a dist m of 81.23 feet; thence N 90°00'00" W for a distance of 19.92 feet to the POINT OF BEGINNING; containing 5,540 square fit, more or less. PRVWed by: Todd R. Waite P.L.S. C-TV09C&A&fM= yllMWS.i1411 O'M14.1 i 1.•.. MW0Yllll oI,I I:. 1'11 I W 11. :Mo1i1. - RAM , �1 T GROVE RDip N. I.00US - a 1681.8 � r r i %o � -O Soe" N 120.82. �---�--1 ISA in • Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 6/2/2006 Re: Proposed Agenda Items for 6/13/06 City Council Meeting City of Meridian Public Works Dept. JUN 0 7 2006 City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 6/13/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Pathways Elementary School by Meridian School District. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Pathways Elementary School by Meridian School District and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 • 0 WATER MAIN EASEMENT THIS INDENTURE, made this L day o 2 betweeri� ,.�. �l� �� pies of the first part, and hereinafter called the Gran rs, and the City of Meridian, Ada County, Idaho, the parry 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 Water Main Easement EASMT WTR 0 0 effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: C�nz Dr. Lm(fa Clark, Superinten STATE OF IDAHO ) ) ss County of Ada ) On this &0:� day of Nrt ( , 20-06. before me, the undersigned, a Notary Public in and for said State, personally appeared l,l n4o- G[cw o— and known or identified to me to be the Superintendent of Joint School District No. 2 that executed the within 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 fist above written. 0, - - "� �5�� p� a+�l �•� " ,4 ,t••�i�•. NOTARY PUBLIC FOR IDAHO �� •.•••M..•��j �.,• Residing at �'•• 4T .ypr am •+ Commission Expires: 3 • a 7 - D 9 s vj': ASB LIC .i* ) � `•... OF ID �' ..•`� Water Main Easement EASMT WTR MAIN.doc 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 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 EASMT WTR MAIN.doc 0 doibom �& waike consulting. 11c engineers & surveyors 120 N. Curtis Rd. Boise, Idaho 83706 (208)376-8555 Fax (208) 429-9862 P.N. 2280 March 30, 2006 PATHWAYS MIDDLE SCHOOL ACADEMY NORTH WATER LINE EASEMENT DESCRIPTION A 20 foot wide strip of land for the purpose of a water line easement being a portion of the North 1/2 of the Southwest 114 of Section 321 T.4N., R.1E., B.M., Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the Southwest corner of said Section 32; thence N 00°31'04" E along the Nest boundary of said Section. 32 for a distance of 1661.87 feet; thence leaving said Nest boundary S 89038'40" E for a distance of 48.00 feet to the Southwest corner of Education Campus Subdivision as filed in Book 86 at Page 9804, Ada County Records; thence continuing S 89'38'407'E along the South boundary of said Education Campus Subdivision for a distance of 702.29 feet; thence leaving said South boundary N 00'31' 15" E for a distance of 468.56 feet to the REAL POINT .OF BEGINNING of said 20 foot wide strip of land lying 10 feet left and 10 feet right of the following described centerline: thence S 89'28'45" E for a distance of 202.80 feet; thence S 00'31' 15" W for a distance of 47.31 feet; thence N 89'28'45" W for a distance of 10.84 feet; thence S 89'28'45" E for a distance of 10.84 feet; C:TrojedsWeridian Charter School -Locust Grove(2280)\Documents\NorthwtrEase.doc-1 0 0 thence N 00°31' 15" E for a distance of 47.31 feet; thence S 89°28'45" E for a distance of 51.65 feet to the point of terminus of said centerline and 20 foot wide strip of land; Prepared by: Todd R. Waite P.L.S. CAProjectsWeridian Charter School -Locust Grove(2280)\Documents\NorthWtrEase.doc-2 anmm Mom -O M 0 0 Z a O O �1 zg ,-<z �O Z n Z N. L 0 C U S T GR 0 VE RD. N 00'31'04 E cn CA s ro 1861.87' o c3zo(n z i m Z ( (_ O O (nM n 0 m -'a R1 iii i - m y � iO „ cp m 7: II 00 ��0� �v mo m D c- z M rn O 1N 0— Z 0 - –� - Z --1 gF m Z z N 00'31'15" E 465.56' f 0.1011 C © t ON I(z Zt 0 o I 20' © 1' rrl Z Z I m mm 1 �I M E X co ,� I I m s ao3,,s w rnCf)tA C ~ n'1 _ o to t1 - A - engineers & surveyors 120 N Curtis Rd Boise, Idaho 83706 (208) 376-8555 Fax (208)429-9862 P:N. 2280 0 [k: March 30, 2006 Revised May 23, 2006 PATHWAYS, III i 1ACADEMY SOUTH WATER:11w; A 20 foot wide strip of land for the purpose of a water line easement being a Portion of the North 1/2 of the Southwest 1/4 of Section 32, TAN., RAE., B.M., Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the Southwest comer of said Section 32; thence N 00°31'04" E along the West boundary of said Section 32 for a distance of 1661.87 feet; ' thence leaving said West boundary S 89°38'40" E for a distance of 48.00 feet to the Southwest comer of Education Campus Subdivision as filed in Book 86 at Page 9804, Ada. County Records; thence continuing S 89°38'40" E along the South boundary of said Education Campus Subdivision-fbr-a distance o1�Sd4 '�2 feet; thence leaving said South boundary N 00000100" W for a distance of 120.82 feet to the REAL POINT OF BEGINNING of said water line easement; . thence continuing N 00000'00" W for a distance of 20.00 feet; thence S 90°00'00" E for a distance of 23.90 feet; thence S 67°30'00" E for a distance of 81.23 feet; thence S 90000'00" E for a distance of 4.71 feet; CAProjectslA aidian Charter School -Locust Gw"K2280)1Docnme \SouthwtrEase-REV.doc-1 thence N 00000'00" E for a distance of 10.00 feet; thence S 90°00'00" E for a distance of 10.00 feet; thence S OO°UO'00" W for a distance of 10.00 feet; thence S 90°00'00" E for a distance of 114.11 feet; thence N 00000'00" E for a distance of 8.85 feet; thence S 90°00'00" E for a distance. of 19.41 feet; thence S 00000'00" W for a distance of 8.85 feet; thence S 90°00'00" E for a distance of 10.06 feet; thence S 00000'00" W for a distance of 20.00 feet; thence N 90000'00" W for a distance of 162.26 feet; thence N 67030'00" W for a distance of 81.23 feet; thence N 90000'00" W for a distance of 19.92 feet to the POINT OF BEGINNING; containing 5,540 square feet, more or less. Prepared by: Todd R Waite P.L.S. C: 1Meridiw Cheater Schwl-Locust Grove(2nO)WocnmeWSNSo�Wtftw REV-dw-2 XCA m -rq 40 0 N. LOCUST GRO A RD. m y m N 00_31'04" E s z z 1661.87' ao in w X; co sa.z . I m O rn Z ha C-)n o Z p d D 0 i1 2ND �/� z -Tp p N r- > > z N OO'WOO" w 120.82'---..,_.o�.a Z�r En r1l / y IE a to cz b/ U) I z '0z I �, 2 zl I� 1 � - oIg �� �$ a gI ig z $ rn CA I m o 0 I m t1 � C I I ao C3' " > O IJ • m r� I I m -.� 14 ► of E p � ` y I� � o 0 Zca 10 a m m g� �' June 16, 2006 MERIDIAN CITY COUNCIL MEETING June 22, 2006 APPLICANT ITEM NO. S -J REQUEST Permanent and Temporary Easement Contract for Vance and Sandra Janicek for 2006 Trunk Sewer Project AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See allached 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: �fr 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. • ADA COUNTY RECORDER J.NAVARRO AMOUNT .00 BOISE IDAHO 07106106 02:03 DEPUTY Paid Thompson II I I "I'I "I I I II II II I I I (I II'I �' II SII RECORDED—REQUEST OF 106108226City of Meridian Public Works This sheet has been added to document to accommodate recording information SANITARY SEWER EASMENT 2006 TRUNK SEWER VANCE & SANDRA. JANICEK SANITARY SEWER EASEMENT THIS INDENTURE, effective this h -"k day of, 2006, by the undersigned Vance and Sandra Janicek, who maintain a mailing address of 2390 W. Overland Rd., Meridian, ID 83642, hereafter referred to as "GRANTOR" for the benefit of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY". WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the CITY; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the CITY the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBITS A-1, A-2, B-1, B-2.1, and B-2.2) The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of reasonable access to such facilities at any and all times. The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire upon completion of the sanitary sewer line. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY, its successors and assigns forever. 1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall have the right to use and improve the easement area for uses which do not interfere with the use of the said easement or the purposes stated herein. Such uses shall include, but not be limited to landscaping, a tree selection that is coordinated with the CITY, ingress, egress, driveways, roads, parking, temporary storage, farming, pathways and utility extensions. THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be placed any permanent structures within the area described for this easement that would interfere with the use of said easement, for the purposes stated herein. SANITARY SEWER EASEMENT, Page 1 of 3 • 2. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title'and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove writteo. Vance Janicek, Owner Sandra JaniceK Owner STATE OF IDAHO) ) ss County of Ada ) On this J06 day ofh� , 2006, before me JU1166 personally appeared Vance anicek and Sandra Janic k, proved to me on the basis of satisfactory evidence to be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the same. 1910 -IR D. 1 �oTA#k N RY PUBLIC FOR PAHO amm 40vati�6 o My Commission Expires on "?-.�1- IO r8 of SANITARY SEWER EASEMENT, Page 2 of 3 171 Beneficiary--_.C4P6-61E MERIDIAN • ",f,,,,,rr Y , Tammy de dew"Mayert7.e /go�f� 6e Jibe " ATTEST: r William Berg, Jr., City &W Date approved by Council: STATE OF IDAHO, ) : ss. County of Ada ) On this '�-7 day of �W.20M, before me, the undersigned, a Notary Public in and for said State, personally appeared Joseph W. Borton and William G. Berg, Jr., known to me to be the City Council Vice President 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) SANITARY SEWER EASEMENT, Page 3 of 3 &�ICLAn,-L NOTARY PUBLIC FOR IDAHO RESIDING AT: 1/ -U C%o-, �96/ MY COMMISSION EXPIRES: C0 --%S Project: 11873 Date: March 28, 2006 EXHIBIT A-1 PARCEL DESCRIPTION PERMANENT SEWER EASEMENT That portion of the Southwest 1/4 of the Southeast 1/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the South 1/4 corner of Section 14, thence along the Westerly boundary line of the Southeast 1/14, North 00'35'50" East, 25.00 feet to the POINT OF BEGINNING; thence continuing along said line North 00° 3533 East, 974.12 feet; thence South 52'3&26" East, 39.96 feet; thence parallel with and 32.00 feet East of said Westerly boundary line South 00°35 -SW West, 753.37 feet; thence South 03°2956" West, 39.74 feet; thence parallel with and 30.00' East of said Westerly boundary line South 00°35'50" West, 157.16 feet to a point on the Northerly right-of-way of Overland Road; thence along said Northerly right-of-way North 89'19'45- West, 30.00 feet to the POINT OF BEGINNING. Containing 0.699 acres, more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Gregory E. Holkesvig, P.L.S. RMH/geh:nak PAPHK\10.05-135-8lack Cat Phase 3V-asementsUANICEK PERM-sE4_SEc 14.doc Project: 11873 Date: March 22, 2006 EXHIBIT B-1 TEMPORARY CONSTRUCTION EASEMENT Exhibit 8-1.1 That portion of the Southwest 1/4 of the Southeast 1/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the South 1/4 corner of Section 14; thence along the Westerly boundary line of the Southeast %; thence North 00° 35'50" East, 999.12 feet to the POINT OF BEGINNING; thence continuing North 00' 3550" East, 62.44 feeet; thence South 52' 3676" East, 102.40 feet; thence parallel with and 82.00 feet East of said Westerly boundary tine South 00' 35'50" West, 747.84 feet; thence North 89024'10" West, 50.00 feet; thence parallel with and 32.00 feet East of said Westerly boundary line North 00' 35'SW East, 722.79 feet; thence North 52°3676" West, 39.% feet to the POINT OF BEGINNING. Containing 0.926 acres, more or less. TOGETHER WITH: Exhibit B-1.2 That portion of the Southwest 1/4 of the Southeast 1/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the South 1/4 comer of Section 14; thence along the Westerly boundary line of the Southeast t/4, North 0093TSW East, 25.00 feet to a point on the Northerly right-of-way of Overland Road; thence along said Northerly right-of-way South 89' 19'45" East, 30.00 feet to the POINT OF BEGINNING; thence parallel with and 30.00 feet East of said Westerly boundary line North 00°3YSO" East, 20.00 feet; thence parallel with and 20.00 feet North of said right-of-way South 89'174V East, 20.00 feet; thence parallel with and 30.00 feet East of said Westerly boundary line South 00' 35'50" West, 20.00 feet to a point on said right-of-way; thence along said right-of-way North 89'19'45" West, 20.00 feet to the POINT OF BEGINNING. Containing 0.009 acres (400 square feet), more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Ronald M. Hodge, p L. 8575 S.zs'z RMH/geh:lhc PAPHM10-05-03"tack Cat Phase 31EasonentsUANICEK-TEM41--5E4_SEC Kdoc UT t20 S ALE: 1 "=10' M*lW4s'E 20.OW r_ -_----__- I I 1 1 a� 19 1 I� 1 Ila I I I I� SB%MQ'4rE 3Q.W 1 I __—— —— —_ —— ———--N89'19'48'W —20.00' —_,.1 P.0.8. g 3 1/4. SEC. 14 0 City of Meridian City Clerk Office Memo To: Will Berg; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer Date: 6/08/2006 Re: Proposed Agenda Item for June 13, 2006 City Council Meeting The Public Works Department respectfully requests the following item be placed on the June 13 City Council agenda, under Consent Agenda, for Council's consideration: 1. Change Order No. 1 for the North Slough Trunk Line Additional work is required for the completion of the North Slough Trunk Line. This change order consists of the following work and amounts to 1.00% of the construction contract: Removal and replacement of the parcel and invisible dog fence in the Smith parcel in lieu of payment to the homeowner for this work. Removal and replacement of the fence that was placed around the Saguaro Canyon Subdivision. Temporary pavement on Locust Grove. Sommer Construction, Inc. submitted a cost for this change order as summarized below: • Sommer Construction, Inc $11,258.26 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No.1 for the North Slough Trunk Line with Sommer Construction, Inc for $11,258.26 and authorize the Mayor to sign it. 2. Permanent and Temporary Easement Contract for Vance and Sandra Janicek A permanent and temporary easement has been signed Vance and Sandra Janicek for the construction of the sanitary sewer on their property south of the interstate and east of Overland Road for the 2006 Trunk Sewer Project. 0 Page 1 • Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the sanitary sewer on this property south of the interstate and east of Overland Road for the 2006 Trunk Sewer Project 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 2 SANITARY SEWER EASEMENT THIS INDENTURE, effective this h-� day of�, 2006, by the undersigned Vance and Sandra Janicek, who maintain a mailing ad ress of 2390 W. Overland Rd., Meridian, ID 83642, hereafter referred to as "GRANTOR" for the benefit of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY". WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the CITY; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the CITY the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBITS A-1, A-2, B-1, B-2.1, and B-2.2) The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of reasonable access to such facilities at any and all times. The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire upon completion of the sanitary sewer line. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY, its successors and assigns forever. 1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall have the right to use and improve the easement area for uses which do not interfere with the use of the said easement or the purposes stated herein. Such uses shall include, but not be limited to landscaping, a tree selection that is coordinated with the CITY, ingress; egress, driveways, roads, parking, temporary storage, farming, pathways and utility extensions. THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be placed any permanent structures within the area described for this easement that would interfere with the use of said easement, for the purposes stated herein. SANITARY SEWER EASEMENT, Page 1 of 3 0 • 2. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove writteo. Gror Vance Janicek, Owner Sandra Janicer Owner STATE OF IDAHO) ) ss County of Ada ) On this 6h day of J he— , 2006, before me J-uflee -1). WDIL , personally appeared Vance Janicek and Sandra Janicek, proved to me on the basis of satisfactory evidence to be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the same. �oTa*y N RY PUBLIC FOR AHO ' .rods �' p . My Commission Expires on "-Z.YOF t0� SANITARY SEWER EASEMENT, Page 2 of 3 0 i Beneficiary: CITY OF MERIDIAN Tammy de Weerd, Mayor ATTEST: William Berg, Jr., City. Clerk Date approved by Council: SANITARY SEWER EASEMENT, Page 3 of 3 • 0 Project: 11873 Date: March 28, 2006 EXHIBIT A-1 PARCEL DESCRIPTION PERMANENT SEWER EASEMENT That portion of the Southwest 1/4 of the Southeast 1/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the South 1/4 corner of Section 14; thence along the Westerly boundary line of the Southeast 1/4, North 00`35'50" East, 25.00 feet to the POINT OF BEGINNING; thence continuing along said line North 00°35'50" East, 974.12 feet; thence South 52' 36'26" F.Ast, 39.96 feet; te thence parallel with and 32.00 feet East of said Westerly boundary line South 00°35'50" West, 753.37 feet; thence South 03"28'56" West, 39.74 feet; thence parallel with and 30.00' East of said Westerly boundary line South 00"35'50" West, 157.16 feet to a point on the Northerly right-of-way of Overland Road; thence along said Northerly right-of-way North 89 ° 19'45" West, 30.00 feet to the POINT OF BEGINNING. Containing 0.699 acres, more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. Gregory E. Holkesvig, P.L.S. RMH /geh: nak P:\PHK110.05-135-Black Cat Phase 31EasementsUANICEK-PERM-SE4 SEC 14.doc Project: 11873 Date: March 22, 2006 0 • EXHIBIT B-1 TEMPORARY CONSTRUCTION EASEMENT Exhib---- its That portion of the Southwest 1/4 of the Southeast 1/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the South 1/4 corner of Section 14; thence along the Westerly boundary line of the Southeast 1/; thence North 00°35'50"East, 999.12 feet to the POINT OF BEGINNING; thence continuing North 00° 35'50" East, 62.44 feet; thence South 52 ° 3676" East, 102.40 feet; thence parallel with and 82.00 feet East of said Westerly boundary line South 00035'50" West, 747.84 feet; thence North 89"24'10" West, 50.00 feet, thence parallel with and 32.00 feet East of said Westerly boundary line North 00'35'50" East, 722.79 feet; thence North 52°3676" West, 39.96 feet to the POINT OF BEGINNING. Containing 0.926 acres, more or less. TOGETHER WITH: Exhibit That portion of the Southwest 1/4 of the Southeast 1/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, 'as shown on the attached exhibit, and more particularly described as follows: Commencing at the South 1/4 corner of Section 14, thence along the Westerly boundary line of the Southeast %, North 00° 35'50" East, 25.00 feet to a point on the Northerly right-of-way of Overland Road; thence along said Northerly right-of-way South 89019'45" East, 30.00 feet to the POINT OF BEGINNING; thence parallel with and 30.00 feet East of said Westerly boundary line North 00°35'50" East, 20.00 thence parallel with and 20.00 feet North of said right-of-way South 89' 19'45" East, 20.00 feet; feet; thence parallel with and 30.00 feet East of said Westerly boundary line South 00' 35'50" West, 20.00 feet to a point on said right-of-way; thence along said right-of-way North 89'1945" West, 20.00 feet to the POINT OF BEGINNING. Containing 0.009 acres (400 square feet), more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. RMH/geh: the PAPHM10-05-035-Black Cat Phase 31EasementslJANICEK.TEMP-SE4_SEC 14.doc 0 • City of Meridian 33 East Idaho Street, Meridian, ID 83642 PERMANENT AND TEMPORARY EASEMENT CONTRACT Project # and Description: 10-05-135 Black Cat Sewer Phase 3 Parcel # and Owner: 51214438414 & S1214438416 Vance & Sandra Janicek Date of Offer: May 2, 2006 THIS RIGHT-OF-WAY CONTRACT, made this day of 2006, between the City of Meridian, acting by its Mayor and Council, herein called "CITY" and Vance and S dra Janice _herein called "GRANTOR". WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sanitary Sewer Easement and Temporary Construction Easement included herewith as Exhibit "A": NOW THEREFORE, the parties hereto agree as follows: 1. A. CITY shall pay GRANTOR and the lien holder, if any, such sums of money and/or benefits as are set out below: ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE (Ft2) ($/Ft2) FACTOR ($) Permanent Easement 30,448 $5.00 50% $76,121.00 Temporary Easement 40,728 $5.00 10% $10,182.0 TOTAL EASEMENT CASH SETTLEMENT AMOUNT $86-303.00 The CITY agrees to provide easterly facing knockouts and westerly facing knockouts as needed in each manhole located in the easement area for the purpose of providing future sewer service to Grantor's property and the property to the west of the Grantor. The Grantor shall have the right to extend and connect to the sanitary sewer line for an approved development for the benefit of Grantor's property, subject to standard hook-up and usage fees only. There shall be no late -comer's fee or other such assessments. C. The CITY shall delineate the temporary construction easement area with cones, barricades or stakes and ribbon and such delineation shall stay in place from the commencement of construction through completion of construction. All construction activity shall occur within the temporary construction easement area only. D. The CITY agrees to maintain irrigation delivery and waste drainage systems during construction. E. The CITY agrees to pay Drew Eggers $2,750 for the peppermint crop that will be destroyed as a result of the sewer construction. Said payment constitutes the CITY'S sole liability with regard to the lease agreement between the GRANTOR and Drew Eggers dated January 26, 2006. 2. As set forth in the City of Meridian's Easement Acquisition Policy, the Grantor may choose from two options for just compensation for both the permanent and temporary easements as determined by a certified real estate appraiser: ❑ Cash Payment* in the amount of$86,303.00 ❑ Donation value of the easement *Grantor will receive payment for the permanent easement within four weeks following the recording of the easement and payment for the temporary construction easement at the expiration of the construction contract. 3. This Contract shall not be binding unless and until executed by the Mayor and/or their authorized representatives. The parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on account of the location, grade, construction and maintenance of the proposed sanitary sewer line. 4. The term of the temporary easement shall expire when the construction contract terminates. 5. The parties whose names appear below as Grantors, covenant and warrant that they are the OWNERS of the property to which this document applies, are fully authorized to execute this document and forever bind themselves, their successors and assigns and the subject property to the terms set forth herein. FAP-j-M=a9ets\PFM10-05-135 - Black Cat Phase 3\Fasemeats\TamcekUanicek coattacLd. Page 1 of 2 0 • IN WITNESS WEREOF, the parties have executed this contract the day and year first above written. CITY OF MERIDIAN r_u e rrrnUi By Tammy de Weerd, Mayor ATTEST: William Berg, Jr., City Clerk Date approved by Council: Vance Janicek, Owner J Date 4 --0N Date Page 2 of 2 F:1Pr0jectMana9as\PiiKU0-05-135 -Black Cat Phase AEasementsUanicekUanicek mtract. adoc 9 • June 16, 2006 MERIDIAN CITY COUNCIL MEETING June 22, 2006 APPLICANT ITEM NO. 5-K REQUEST Change Order No. 1 for the North Slough Trunk Line with Sommer Construction 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 Meridian. 9 Memo To: Will Berg; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer Date: 6/08/2006 Re: Proposed Agenda Item for June 13, 2006 City Council Meeting E EIV i=1 JUN 0 8 2006 City of Meridian Coity Clerk Off irr The Public Works Department respectfully requests the following item be placed on the June 13 City Council agenda, under Consent Agenda, for Council's consideration: Y 1. Change Order No. 1 for the North Slough Trunk Line. Additional work is required for the completion of the North Slough Trunk Line. This change order consists of the following work and amounts to 1.00% of the construction contract: Removal and replacement of the parcel and invisible dog fence in the Smith parcel in lieu of payment to the homeowner for this work. Removal and replacement of the fence that was placed around the Saguaro Canyon Subdivision. Temporary pavement on Locust Grove. Sommer Construction, Inc. submitted a cost for this change order as summarized below: Sommer Construction, Inc $11,258.26 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No.1 for the North Slough Trunk Line with Sommer Construction, Inc for $11,258.26 and authorize the Mayor to sign it. 2. Permanent and Temporary Easement Contract for Vance and Sandra Janicek. A permanent and temporary easement has been signed Vance and Sandra Janicek for the construction of the sanitary sewer on their property south of the interstate and east of Overland Road for the 2006 Trunk Sewer Project. 0 Page 1 Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the sanitary sewer on this property south of the interstate and east of Overland Road for the 2006 Trunk Sewer Project and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 2 CHANOIE*ORDER all pir - - - -------------- ------ C 4 #H..MGE IN.00INT SACT PRIC-Er +Onginal Contract Pnce: 1. 37.2E% Pref 0 -have Orders No. � toNoR Prr print tD thin ha. e Q* r 1.:131: ID t3i1 Net (Immse omasa) of this hange tpr20 +detract Pnoe all approved Chang's Ordera HAIaIE OhliUitTTfEA' NIA to cr From pevmcasia tit ............ n rd :. &»~ 6m: go orid.ei...+lt rilot °f erne h: ali aprc1an- a Qrcters:.WA; ... .. . Meg PP EQVITC ;; . i lr' i 5$ ` tFE E6 FNEEi C:}irtt i�nls t CF'P�OVE .:.,CiTY,C-OtiL . ..... ....... tF'WEt3°TOA .. ..... . . ... hange O dyer P.W. # A WA T-2::: :: BLO.L.. * RCIE-4.3 . Page.l o 1. Fagg X of I. DDnn +Carnahan 3. t% Stree i :ID83642. :ATACW'I PERIV A1�i ' A" T1 BARY XA i1+ILN'i CONTPACT ® a t..�+e ip A IQ3as3 *+� Slush S Trucei3�e car: x�4a;�.4. r ce=Tdays a spd $e'cied2�fx+ Via.at . . �r 1:s CST Yu}T1 151 ] L6C W6 (2 h6iv IV07.bf 340d ` $wXd sL3L 'vi1y .. ... - .. .`l. 154167{; city d�dSl.Lb' �tq'y;�yg . : 'U�' 'And' y�$57Q4 p ,WaN�.aleM. ��p "'�^s�-/.,, SR tkkw. wit ��yy� �,�� .( ubl�1W,✓ !�{ jq ,,�p.��, y� .. +4`4�'/��YRF R%�F6•i WASE, IKli� '.$P11Wt, i9lffl C1G: �'Vi16 ii7i7C'�.L. ..: p� �. +++MIFY'Aue� (� T: kUi-tt wssVA[llb .147 bk7 Wliil L�YJw7.�L+V •f 'e T' I� P �•l' ��� }�yr,:.Y♦A{1.,+,YW4•_♦P�l HTt FOP. d gft u� r i c i r far-iy� �v lb, i �i6' he � ►i1. ;i4.p� ' Fz+iit bd ani,ido€: wants tczal pa£f ::e �sri itt• on�i:'is'ama a . lie . i�.-6 .14 4�Y .yq y rte' �Q i�. ✓ q#�yy ? '6 }]'��� j� �j'�,� j.�.,� �f�•!p" gip,, y� . Av }oCerL . . Tz'^.iw� 'i�'A']k4 1.4W�'Y1W �411''S • RdtLry YM[�Y'WAi1r., py��^y , �"lfft#2"i hh . . ;k400AU-'.. l lty' ifs iCii1+gP her .... :hsoti toy ft 4da s*aR'iio. aa+ ci ilce el �t� � 7. Jcb s c ted #a ih sr �cttnclf er t�ttcai.f�tYe.aw . > dI't:� tt� •fie � s� ��, a5v1 alsri�'btr .. fe it►t' ��.: . = � � tt iGt on E Ek = i�V . `X ' tark io i'ai t peCty itg vel be t} th 5'f�m tb:pmn of sv i x .tie' June 16, 2006 MERIDIAN CITY COUNCIL MEETING June 22, 2006 APPLICANT ITEM NO. S -L REQUEST Ratification of Agreement consenting to security interest in lessees leasehold interest at LakeView Golf Course AGENCY COMMENTS CITY CLERK: See attached 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: me 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. ADA COUNTY RECORDEIGAVID NAVARRO AMOUNT .00 • . BOISE IDAHO 07/06106 02:03 PM o�1 DEPUTY Patti Thompson III I'IIiII'II'll'I'III�III'I'lllll'll ' RECORDED—REQUEST OF City of Meridian Public Works 106108232 /AGREEMENT THIS AGREEMENT is made as of the 31eday of May, 2006, by and between the City of Meridian, Idaho, a municipal corporation. (hereinafter referred to as "City"); R.R. Davis Properties, Inc., an Idaho corporation, and Lakeview Meridian Investors, LLC, an Idaho limited liability company (hereinafter collectively referred to as "Lessee"); and Idaho independent Bank, a banking corporation organized and existing under the laws of the State of Idaho (hereinafter referred to as "Bank"). RECITALS: A. City and Lessee previously entered into an AMENDED LEASE AGREEMENT FOR THE PROVISION OF GOLF COURSE OPERATIONS AT CITY OF MERIDIAN'S MUNICIPAL GOLF COURSE dated May 17, 2005 (hereinafter referred to as the "Lease"). B. Lessee has requested a loan and other financial accommodations from Bank to which the Bank Is willing to provide to Lessee upon certain conditions, which conditions include the Lessee's grant of a security interest in Lessee's leasehold interest in the Lease by the execution of a Leasehold Deed of Trust in the form as attached hereto as Exhibit W which is incorporated by this reference (hereinafter "Deed of Trust"). C. Lessee intends to use the funds received from Bank's loan to pay for improvements upon the real property which is subject to the Lease. D. Section 9, Paragraph F, of the Lease provides in part that "Lessee shall not, without the prior written consent of the City assign, hypothecate, or mortgage this Agreement, or sublease or sublicense any portion of the premises, which consent shall not be unreasonably withheld". E. City acknowledges that it will benefit from the improvements constructed or to be constructed upon the City's real property subject to the Lease as a result of Bank's loan to Lessee. NOW THEREFORE, In consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. Incorporation of Recitals. The parties agree that the foregoing Recitals are contractual and bir ding and are incorporated herein as if set forth in full. . AGREEMENT Page I of 8- 0 2. Consent to Lessee's Grant of Security. City hereby agrees and consents to Lessee's grant of a security interest in Lessee's leasehold interest in the Lease to Bank by way of Lessee's execution of the Deed of Trust as security for Bank's loan to Lessee. 3. Cit. to Provide Notice of Modification to Lease. During the entire term of the Deed of Trust, City agrees that no modification of the Lease shall occur without City first providing Bank, in writing, at least ninety (90) days prior to the effective date of such modification, of City's intent to modify the Lease. 4. City to Provide Notice of Lessee's Default. In the event of any default by Lessee under the terms of the Lease. City agrees to notify Bank of such default in writing at lease thirty (30) days prior to City taking any action to enforce any of City's rights under -the Lease. During such above-described thirty -day notice periost, Bank shall have the option to cure the default or to take such other action as may be necessary to protect the Bank's security interest in the Lease resulting from the Deed of Trust or any other agreement between Bank and Lessee. 5. Purchase Option to City in Event of Foreclosure. In the event Bank shall foreclose Lessee's interest in the Lease pursuant to the terms of the Deed of Trust, Bank agrees that City shall have the exclusive first right to purchase Bank's Interest in the Lease (including all other collateral pledged by Lessee as security for Bank's loan) by tendering to Bank an amount equal to the total amount then owing to Bank by -Lessee, together with all costs, expenses, attorney's fees, and other fees of the Bank. In the event City shall exercise its option as provided herein, the City shall deliver the option price In cash or certified funds to Bank no later than 3:00 p.m., Mountain Standard time, at least one (1) business day prior to the date of any scheduled foreclosure sale. In the event Bank shall commence foreclosure under the Deed of Trust, the Bank shall provide City with written notice the foreclosure and the date thereof. City may file a request for a copy of a notice of default or notice of sale, pursuant to Idaho Code § 45-1511, and the Bank shall provide City with the necessary information concerning the recording of the Deed of Trust to enable City to file such a request. In the event of a foreclosure by Bank, Bank shall also cause City to receive notice in the manner provided for in Idaho Code § 45-1505 at the address herein provided even in the event City shall fail to record a request for notice. 5. Lessee's Use of Funds Received from Bank. Lessee represents to City that funds received from any loan from Bank which is secured by the Deed of Trust will be used exclusively to pay for the construction, renovation, repair or replacement of Improvements upon the real property which is subject to the Lease. 7. General Provisions. AGREEMENT Page 2 of 8 7.1 Litigation Between the Parties. In the event of any litigation between the parties concerning this Agreement, except for an agreed declaratory judgment action sought to clarify the responsibility and/or authority of the parties hereunder, the unsuccessful party in such litigation shall fully reimburse the prevailing party for all reasonable costs and expenses, including reasonable attomey's fees, incurred in such litigation. 7.2 Goveminq Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho. 7.3 Titles and Headings. Titles and headings to articles, sections, or paragraphs of this Agreement are inserted for convenience of reference and are not Intended to affect the interpretation or constriction of this Agreement. 7.4 Notices. Any notice under this Agreement shall be In writing and shall be treated as duly delivered if the same is personally delivered to the other party or deposited in the United States Mail, certified, return receipt requested, postage. prepaid, and properly addressed as follows: CITY: City of Meridian Attn: City Clerk 33 E. Idaho Meridian, Idaho 83642 LESSEE: Lakeview Meridian Investors, LLC R.R. Davis Properties, Inc. 4200 W. Talamore Meridian, Idaho 83642 BANK: Idaho Independent Bank 113 E. Idaho Meridian, Idaho 83642 7.5 Authority of the Parties. Each party- to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of such party and is a valid and binding obligation upon the persons or entity signing this Agreement. 7.6 No Assignment. No party may assign this agreement or any interest therein. 7.7 Representation. This Agreement was drafted by the attorney for Bank as matter of convenience only and shall not be construed for or against any party on that account. 7.8 Entire Agreement. This Agreement constitutes the entire agreement among the parties to it and supersedes any prior understanding or agreement. AGREEMENT Page 3 of 8 7.9 Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute the same instrument. 7.10 Successors and Assigns. This Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective successors and, if permitted, assigns. 7.11 Recordation of Agreement. City or Bank shall have the right to record this Agreement or a memorandum thereof, provided they provide a copy of such recording to the remaining parties. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below. CITY: Attest: :A6��14'g WILLIAM G. B CITY OF MERIDIAN ljt7 Gr� C.��vY+�Gc�i 6'2. Z-o� LESSEE: R.R. DAVIS PROPERX- 1:11chard C. By: R. Davis, President Dated: a AGREEMENT Page 4 of 8 BANK: STATE OF IDAHO County of Ada ) ss. ) C� LAKEVIEW MERIDIAN INVESTORS, LLC -10 2 , LLC, a Member LANEYLAND, L.P., a Member 92 Partner By: (,,K.R. DAVIS PROPERTIES, I. .,a Member By: Richard R. Davis, President Dated: .e_—_-jr f-- 66 IDAHO INDEPENDENT BANK B. 1% Y' GERALD W. MATTISOIT Dated: _ j= 3 r-IfIk On the day of May, 2006, before me, the undersigned, a Notary Public In and for said State, personally appeared Tammy DeWeerd and William G. Berg, Jr., . known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the within and foregoing instrument on behalf of said City, and acknowledged to me that such City executed the same. AGREEMENT Page 5 of 8 IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. Notary Public for Idaho Residing at , Idaho My Commission Expires: STATE OF IDAHO ) ) ss. County of Ada ) On the 31 -day of May, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Richard R. Davis, known or identified to me to be the President of R.R. Davis Properties, Inc., the person who executed the within and foregoing instrument on behalf of said corporation, and acknowledged to me that such corporation -executed the same. IN WITNESS WHEREOF, I have hereunto aAxed my official seal the day and year first above written. 0 STATE OF IDAHO } � F ) ss. County of Ada ) N ry, ublic for Ida o Residing at M 600 c 0 t -ir( , Idaho My Commission Expires: s'- 19- f I On the ,day of May, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared T. ErW Oaas, known or identified to me to be the Manager of Oaas Laney, LLC, the person who executed the within and foregoing instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed -the same as a Member of Lakeview Meridian Investors, LLC. IN WITNESS WHEREOF, I have her to a ed. my official seal the day and year first above written. KIMBERLY CLARKE Notary Public State of Idaho votk,_ Notary Public for Idaho Residing at , Idaho 'My Commission Expires: AGREEMENT -Page 6 of 8 0 0 STATE OF IDAHO ) ) ss. County of Ada } 'er On thea bIday of May, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Steven Laney, known or identified to me to be the General Partner of Laneyland, L.P., the person who executed the within and foregoing instrument on behalf ofsaid limited partnership, and acknowledged to me that such limited partnership executed the same as a Member of Lakeview Meridian Investors, LLC. IN WITNESS WHEREOF, I have hereunto aff ed my official seal the day and year first above written. STATE OF I County of Ada NotAry Plublic for Idaho Residing at M 'e#t 00 t'tre , Idaho My Commission Expires: 3- / `t -!f On the 31 day of May, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Richard R. Davis, known or identified to me to be the President of R.R. Davis Properties, Inc., the person who executed the within and foregoing instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same as a Member of Lakeview Meridian Investors, LLC. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. STATE OF IDAHO County of Ada a PVIN ) ) ss. } No ry Public for Idaho Residing at E� �D �41-C , Idaho My Commission Expires: s- / - �! s On the 31 day of May, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Gerry W. Mattison, known or identified to me to be the Vice President of Idaho. independent Bank, the person who executed the within AGREEMENT Page 7 of 8 0 and foregoing instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above Notary Public for Idaho Residing at _ , Idaho My Commission Expires: io a� o AGREEMENT Page 8 of 8 .RECORDATION REQUESTED BY: IDAHO INDEPENDENT BANK MERIDIAN OFFICE 113 EAST IDAHO AVENUE MERIDIAN, ID 83642 WHEN RECORDED MAIL TO: IDAHO INDEPENDENT BANK MERIDIAN OFFICE 113 EAST IDAHO AVENUE MERIDIAN, ID 83642 SEND TAX NOTICES TO: LAKEVIEW MERIDIAN INVESTORS, LLC R.R. DAVIS PROPERTIES, INC. 4200 W. TALAMORE BLVD. MERIDIAN. ID 83642 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY LEASEHOLD DEED OF TRUST MAXIMUM LIEN. The Gen of this Deed of Trust shall not exceed at any one time 4649,759.84. THIS DEED OF TRUST is dated May 17, 2006, among LAKEVIEW MERIDIAN INVESTORS, LLC AND R.R. DAVIS PROPERTIES, INC., whose address is 4200 W. TALAMORE BLVD., MERIDIAN, ID 83642 ("Grantor"); IDAHO INDEPENDENT BANK, whose address Is MERIDIAN OFFICE, 113 EAST IDAHO AVENUE, MERIDIAN, ID 83642 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and PIONEER TITLE COMPANY OF ADA COUNTY, whose address Is 8151 W. RIFLEMAN AVENUE, BOISE, ID 83704 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor does hereby irrevocably grant, bargain, seg and convey In trust, with power of sale, to Trustee for the benefit of Lender as Beneficiary, all of Grantor's right, title, and interest In, to and under the Lease described below of the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; ail easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, Including without limitation any rights Grantor later acquires in the fee simple title to the land, subject to the Lease, and all minerals, oil, gas, geothermal and shmgar matters, (the "Real Property) located In ADA County, State of Idaho: See EXHIBIT "A", which is attached to the Deed of Trust and made a part of this Deed of Trust as if fully set forth herein. THIS DEED OF TRUST INCLUDES ALL OF THE LESSEE'S INTEREST IN THAT PROPERTY DESCRIBED ABOVE UNDER THE LEASE AGREEMENT ORIGINALLY DATED MAY 17, 2005 BETWEEN THE CITY OF MERIDIAN AS LESSOR AND LAKEVIEW MERIDIAN INVESTORS, LLC AND R.R. DAVIS PROPERTIES, INC. AS LESSEES. The Real Property or Its address Is commonly known as 4200 W. TALAMORE BLVD., MERIDIAN, ID 83642. CROSS -COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligatkms, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose'of the Note, whether voluntary or otherwise, whether due or not due, direct or Indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable Individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may beoome barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and to all present and future leases of the Property and an Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security Interest in the Personal Property and Renta. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY. IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE. THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided In this Deed of Trust, Grantor shall pay to Lender an amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform an of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Renta from the Property. The following provisions relate to the use of the Property or to other limitations on the Property. THE REAL PROPERTY EITHER IS NOT MORE THAN FORTY (40) ACRES IN AREA OR IS LOCATED WITHIN AN INCORPORATED CITY OR VILLAGE. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's leasehold Interest In the Property, there has boar no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and W any such activity shag be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, Including without limitation an Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such Inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shag not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence In investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for Indemnity or contribution In the event Grantor becomes liable for cleanup or other costa under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and an claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or Indirectly siustain or suffer resulting from a breach of this'section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or Interest In the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected ffiIBTT "A" DEED OF TRU Loan No: 5 8 (Continued) Page Z by Lender's acquisition of any interest In the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shag not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, son, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter In effect, of an governmental authorities applicable to the use or occupancy of the Property, Including without limitation, the Americans With Disabilities Act Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests In the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above In this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. Compliance with Lease. Grantor will pay all rents and will strictly observe and perform on a timely basis all other terms, covenants, and conditions of the Lease. Grantor will Indemnify and hold Lender harmless against all losses, liabilities, actions, suits, proceedings, costs Including reasonable attorneys' fees claims, demands, and damages whatsoever which may be incurred by reason of Grantor's failure to pay rents or strictly observe or perform under the Lease. Other Agreements Relating to the Lease. Grantor further agrees (1) not to surrender, terminate, or cancel the Lease, and (2) not to moldy, change, supplement, alter, or amend the Lease, either orally or in writing, without Lender's prior written consent. Any attempt by Grantor to do any of the foregoing without Lender's prior written consent will be void and of no force and effect At Lender's option, Grantor will deposit with Lender as further security all original documents relating to the Lease and the leasehold interest In the Property. Unless Grantor Is In breach or default of any of the terms contained In this Deed of Trust, Lender will have no right to cancel, modify, change, supplement, alter or amend the leasehold interest. No estate In the Property, whether fee title to the leasehold premises, the leasehold estate, or any subleasehold estate, wilt merge without Lender express written consent; rather these estates will remain separate and distinct, even if there Is a union of these estates In the landlord, Grantor, or a third party who purchases or otherwise acquires the estates. Grantor further agrees that if Grantor acquires all or a portion of the fee simple title, or any otter leasehold or subleasehold title to the Property, that title will, at Lender's option, immediately become subject to the terms of this Deed of Trust, and Grantor will execute, deliver and recerd ail documents necessary or appropriate to assure that such title Is secured by this Deed of Trust Notices Relating to the Lease. Grantor will promptly notify Lender In writing: (1) If Grantor Is in default in the performance or observance of any of the terms, covenants, or conditions which Grantor is to perform or observe under the Lease; (2) if any event occurs which would constitute a default under the Lease; (3). if any notice of default is given to Grantor by the landlord under the Lease; (4) if, pursuant to the Lease, any proceeds received for the Property are deposited with someone other than Lender, whether received p from any Insurance on the Property or from the taking of any or an of the Property by eminent domain; and (5) if any arbitration or appraisal proceedings are requested or instituted pursuant to the Lease. Grantor agrees to provide Lender promptly with a copy of an written materials relating to any of the above and to provide Lender with such other information as Lender may reasonably request Grantor agrees that promptly after the execution and delivery of this Deed of Trust, Grantor will notify the landlord under the Lease in writing of the execution and delivery of this Deed of Trust and of the name and address of Lender and will deliver a copy of this Dead of Trust to the landlord. Option to Cure Lease Default Upon Lender's receipt of any written notice of Grantor's default under the Lease, Lender may, at Lender's option, cure such default even though Grantor, or any party an behalf of Grantor, questions or denies the existence of such default or the nature of the default Grantor expressly grants to Lender the absolute and 'unmedlate right to enter upon the Property to such extent and as often as Lender in it sole discretion deems necessary or desirable in order to prevent or sue any such defaultby Grantor. 7 DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately dus fpayp.%ff all sures s2uy is dN oTrust upon the sale or transfer,, without Lender's prior written consent, of all or any part of thProperty, or any interest in the Real Property. A "safe or transfer" means the conveyance of Real Property or any right, title or interest;n the Real Property; whether legal, beneficial or equitable; whether voluntary or Involuntary, whetter by outright sale, dead, installment sale contract, land contract, contract for deal, leasehold interest with a tern greater than three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial Interest in or to any land trust holding tide to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Grantor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Grantor. However, this option shall not be exercised by Lender It such exercise Is prohibited by federal law or by Idaho law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due (and in all events prior to delinquency) ail taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due an claims for work done dor for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the Interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise In this Deed of Trust. provided Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property Is not jeopardized. If a lien arises or Is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or If requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shag name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shag upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's Iden, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust Maintenange of Insurance. Grantor shall procure and maintain policies of fire Insurance with standard extended coverage endorsements on a replacement basis for the fun insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds In such liability insurance policies. Additionally, Grantor shag maintain such other insurance, Including but not limited to OF TRUST Load No: 5590258 Page 3 hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance In form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located In an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fads to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any limn affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration If Grantor is not In default under this Deed of Trust. Any proceeds which have not'been disbursed within 180 days after their rede(pt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued Interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. if Lender holds any proceeds after payment In full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's Interests may appear. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of Insurance showing: (1) the name of the insurer; (2) the risks Insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy. Grantor shall, upon request of Lender, have an Independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest In the Property or if Grantor falls to comply with any provision of this Deed of Trust or any Related Documents, Including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Dead of Trust or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, Including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lander for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (i) the term of any applicable insurance policy; or (2) the remaining term of the Note, or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Dead of Trust also will secure payment of these amounts. Such right shall be In addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY; DEFENSE OF TiTLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Tilde. Grantor warrants that: (a) Grantor holds good and marketable title of record to the leasehold interest In the Property pursuant to the Lease, free and clear of all liens and encumbrances other than those set forth in the Real Property description br In any title Insurance policy, title report, or final title opinion issued In favor of, and accepted by, Lender In connection with this Dead of Trust, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party In such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented In the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor In this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain In full force and effect until such time as Grantor's Indebtedness shall be paid In full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding In condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party In such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Appgcadon of Net Proceeds. if all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the not proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees Incurred by Trustee or Lender In connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Dead of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred In recording, perfecting or continuing this Deed of Trust, Including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies Is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before It becomes delinquent, or (2) contests the tax as provided above In the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action Is requested by Lender to perfect and continue Lender's security Interest In the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statem@nt. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Gtantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make It available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. DEED OF TRU Loan No: 55 8 (Continued) Pace a Addresses. The mailing addresses of Grantor (debtor) and Lender (secured parry) from which Information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor wfl1 make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may he, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, Instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Dead of Trust, and the Related Documents, and (2) the liens and security Interests created by this Deed of Trust as fust and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary In writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attomey-In-Fact. If Grantor falls to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney -In -fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to In the preceding paragraph. FULL PERFORMANCE. if Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Grantor suitable statements of termination of any financing statement on file evidencing Lender's security Interest in the Rents and the Personal Property. Any reconveyanoe fee required by law shall be paid by Grantor, if permitted by applicable law. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: Payment Default. Grantor falls to make any payment when due under the Indebtedness. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Dead of Trust or In any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained In any other agreement between Lender and Grantor. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or In any of the Related Documents. Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, In favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Deed of Trust or the Related Documents Is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Coffateralization. This Deed of Trust or any of the Related Documents ceases to be In fuil force and effect (including failure of any collateral document to create a valid and perfected security Interest or lien) at any time and for any reason. Insolvency. The dissolution or termination of Grantor's existence as a going business, the Insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which Is the basis of the creditor or forfeiture proceeding and If Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, In Its sole discretion, as being an adequate reserve or bond for the dispute. Lease Default. Grantor defaults under the terms of the Lease, or any other event (whether or not Grantor's fault) results In the termination or cancellation of Grantor's leasehold rights. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, Including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shag not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty In a manner satisfactory to Lender, and, In doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender In good faith believes itself insecure. Right to Cure. If any default, other than a default In payment Is curable and if Grantor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if Grantor, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, Immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Notice of Default. In the Event of Default Lender shall execute or cause the Trustee to execute a written notice of such default and of Lender's election to cause the Property to be sold to satisfy the Indebtedness, and shall cause such notice to be recorded in the office of the recorder of each county wherein the Real Property, or any part thereof, is situated. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness Immediately due and payable, including any prepayment penalty which Grantor would be required to pay. Foreclosure. With respect to all or any part of the Real Property, the Trustee shag have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case In accordance with and to the full extent provided by applicable law. UCC Remedies. With respect to all or any part of the Personal Property, Lender shag have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor to take possession of and manage the Property and collect the Rents, Including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to AED OF TRUST Loan No: 5590258 Continued) ! Page 5 Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse Instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Tenancy at Sufferance. If Grantor remains In possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shag, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Dead of Trust or the Note or by law. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other Intended disposition of the Personal Property Is to be made. Reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all rights to have the Property marshalled. In exercising its rights and remedies, the Trustee or Lender shag be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of sale having been given as then required by law, and not less than the time required by law having elapsed, Trustee, without demand on Grantor, shall sell the property at the time and place fixed by it in the notice of sale at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee shall deliver to the purchaser his or her dead oonvey)ng the Property so sold, but without any covenant or warranty express or Implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness of such matters or facts. After deducting all costs, fees and expenses of Trustee and of this Trust, Including cost of evidence of title and reasonable attorneys' fees, including those In connection with the sale, Trustee shall apply proceeds of sale to payment of (a) all sums expended under this Deed of Trust, not then repaid with interest thereon as provided in this Deed of Trust, (b) all Indebtedness secured hereby; and (a) the remainder, if any, to the person or persons legally entitled thereto. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action Is involved, and to the extent not prohibited by law, all reasonable expenses lender incurs that In Lender's opinion are necessary at any time for the protection of its interest or the enforcement of Its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, In addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Dead of Trust: Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shag have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor: (a) join In preparing and filing a map or plat of the Real Property, Including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) join In any subordination or other agreement affecting this Dead of Trust or the interest of Lender under this Deed of Trust. Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien, or of any action or proceeding in which Grantor, Lender, or Trustee shall be a party, unless the action or proceeding Is brought by Trustee. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, In either case In accordance with and to the full extent provided by applicable law. Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Dead of Trust by an instrument executed and acknowledged by Lender and recorded In the office of the recorder of ADA County, State of Idaho. The instrument shall contain, In addition to all other matters required by state law, the names of the original Lender, Trustee, and Grantor, the book and page where this Dead of Trust is recorded, and the name and address of the successor trustee, and the Instrument shall be executed and acknowledged by Lender or its successors In interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee in this Dead of Trust and by applicable law. This procedure for substirirtion of Trustee shall govern to the exclusion of all other provisions for substitution. NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, If mailed, when deposited In the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. Ali copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there Is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. EXHIBIT 'A". An exhibit, titled "EXHIBIT "A',' is attached to this Deed of Trust and by this reference Is made a part of this Deed of Trust just as if all the provisions, terms and conditions of the Exhibit had been fully set forth In this Deed of Trust. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Dead of Trust shall be effective unless given In writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property Is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating Income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. 'Net operating Income" shall mean all cash receipts from the Property less all cash expenditures made In connection with the operation of the Property. Caption Headings. Caption headings in this Dead of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Dead of Trust. Merger. There shall be no merger of the Interest or estate created by this Deed of Trust with any other Interest or estate in the Property at any time held by or for the benefit of Lander in any capacity, without the written consent of Lander. Governing Law. This Deed of Trust will be governed by federal law applicable to Lander and, to the extent not preempted by federal law, the laws of the State of Idaho without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the State of Idaho. Choice of Venue. If there Is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of ADA County, State of Idaho. DEED OF TRUIM Loan No: 54 8 (Continued) 1W Paoe 6 Joint and Several Liability. All obligations of Grantor under this Deed of Trust shall be joint and several, and all references to Grantor shall mean each and every Grantor. This means that each Grantor signing below is responsible for all obligations in this Deed of Trust. Where any one or more of the parties is a corporation, partnership, limited liability company or similar entity, it is not necessary for Lender to inquire into the powers of any of the officers, directors, partners, members, or other agents acting or purporting to act on the entity's behalf, and any obligations made or created In reliance upon the professed exercise of such powers shall be guaranteed under this Deed of Trust. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given In writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise, to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Wherever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and In all oases such consent may be granted or withheld In the sole discretion of Lender. Severablgty. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, Invalid, or unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, Invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust Unless otherwise required by law, the illegality, Invalidity, or unenforceability of any provision of this Dead of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust Successors and Assigns. Subject to any limitations stated In this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested In a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed. of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence In the performance of this Dead of Trust. Waive Jury. Ali parties to this Deed of Trust hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by any party against any other party. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Idaho as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used In this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts In lawful money of the United States of America. Words and temps used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms In the Uniform Commercial Code: Beneficiary. The word "Beneficiary• means IDAHO INDEPENDENT BANK, and its successors and assigns. Borrower. The word "Borrower" means LAKEVIEW MERIDIAN INVESTORS, LLC; and R.R. DAVIS PROPERTIES, INC. and includes all co-signers and cc -makers signing the Note and all their successors and assigns. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default. The word "Default" means the Default set forth In this Deed of Trust In the section titled 'Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA'), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA% the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation, $nd jR overy Act,. 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth In this Deed of Trust in the events of default section of this Dead of Trust. Grantor. The word 'Grantor" means LAKEVIEW MERIDIAN INVESTORS, LLC; and R.R. DAVIS PROPERTIES, INC.. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, Including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materiels that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when Improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, moble homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses Incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with Interest on such amounts as provided in this Deed of Trust. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the Cross -Collateralization provision of this Dead of Trust. Lease. The word "Lease" means the lease of the Property dated May 17, 2005, between CITY OF MERIDIAN, Landlord and Grantor. Lender. The word 'Lender" means IDAHO INDEPENDENT BANK, its successors and assigns. Note. The word 'Note' means the promissory note dated May 17, 2006, in the original principal amount of S 649,759.84 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affb(ed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed In connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, Issues, royalties, profits, and other benefits derived from the Property. Trustee. The word "Trustee" means PIONEER TITLE COMPANY OF ADA COUNTY, whose address is 8151 W. RIFLEMAN AVENUE, BOISE, ID 83704 and any substitute or successor trustees. "ED OF TRUST • Loan No: 5590258 (Continued) Page 7 'EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS TERMS. GRANTOR: LAKEVIEW MERIDIAN INVESTORS, LLC OAAS LANEY, LLC, Member of LAKEVIEW MERIDIAN INVESTORS, LLC WHITEROCK IN ST T LC, Member of OAAS LANEY, LLC By: T.Z!!� f ROCK SAE IN LANEYLAND Member of OAAS LANEY. LLC By: ral armor of LANEYLAND R.R. DAVIPERTIES, INCaMef LAKEVIEW MERIDIAN INVESTORS, LLC BY: WRQ AVIS,reardent of R.R. DAVIS PROPERTIES, INC. R.R. DAVIS PROPERTIES, I RICHARD R. DAVIS, President of R.R. DAVIS PROPERTIES, INC. LIMITED LIABILITY COMPANY ACKN STATE OFvkaht ) KIMBERLY �� Notary At6L1 SS State of Idaho COUNTY OF 1 On this 1 day of In the year 20 before me c mbe—r a a notary pul io In and for the State of Idaho, personally appeared T. ERIK OAAS, anger of WHITEROCK INVESTMENTS, LLC and STEVEN LANE sneral Partner of LANEYLAND L.P. and RICHARD R. DAVIS, President of R.R. DAVIS PROPERTIES, INC or identified to me (or proved to me on the oath of ), to be members or designated a is I' ' ed liability company of LAKEVIEW MERIDIAN INVESTORS, LLC, and the members or designated agents who aubscrib id I ' ad I 7' company name to the foregoing Instrument, and acknowledged to me that they executed the same in said limited liability m y a A_ Residing at Notary Public fD My commission expires CORPORATE ACKNOWLEDGMENT STATE OF ZP4 it )SS COUNTY OF !9"IP04 On this ;� day of M OW , in the year 20 �, before me 6 E/aZ�tL.>D r.a. /H y T"OSDIy a notary public in and for the State of Idaho, personally appeared RICHARD R. DAMS, President of R.R. DAVIS PROPERTIES, INC., known or Identified to me (or proved to me on the oath of ), to be an authorized signer of R.R.DAVIS PROPERTIES, IN a corporation that executed the instrument or the person who executed the instrument on 1::h;n.f;sZror a a such corporation executed the same. ,� Residing at 1M Eel ! t /�%/CC - �� 14/�fl Notary PUblic f r Idaho ... �., My commission expires S'— l T — 11 DEED OF TRUI Loan Na: 5 8 (Continued) Page 8 REQUEST FOR FULL RECONVEYANCE (To be used only when obligations have been paid in full) To: Trustee The undersigned is the legal owner and holder of all Indebtedness secured by this Dead of Trust. All sums secured by this Deed of Trust have been fully paid and satisfied. You are hereby directed, upon payment to you of any sums owing to you under the terms of this Deed of Trust or pursuant to any applicable statute, to cancel the Note secured by this Deed of Trust (which is delivered to you together with this Dead of Trust), and to reconvey, without warranty, to the parties designated by the terms of this Deed of Trust, the estate now held by you under this Deed of Trust. Please mail the reconveyance and Related Documents to: Date: Beneficiary: By: Its: usa�wm,.wm. v.. na,.mma caw. n.nb rn.w �am,an.am awpwrtwwa. •m r:w�.romrvmvwe m.ae�e enna y w♦ �HIBIT "A" This EXHIBIT 'A" Is attached to and by this reference is made a part of the Deed of Trust, dated May 17, 2006, and executed In connection with a loan or other financial accommodations between IDAHO INDEPENDENT BANK and LAKEVIEW MERIDIAN INVESTORS, LLC; and R.R. DAVIS PROPERTIES, INC. PARCELI A parcel of land being a portion of the West -halt; Section 3, Township 3 North, Range I West, Boise Meridian, Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a brass cap marking the Southeast comer of the Northeast quarter of Section 3, Township 3 North, Range I West, Boise Meridian, Meridian, Ada County, Idaho; Thence along the Southerly boundary of said Northeast quarter of Section 3, North 88 degrees 55129" West 2643.29 fed to a brass cap enarldthe Southwest comerof theNortheast quarter. . Thence leaving said Southerly boundary North 75 degrees 30'00" West 190.00 fed to a 2" Iron pipe; Thence North 40 degrees 0000" Wert 40.00 feet to an iron pin; Thence South 75 degrees 59'31" West 70.00 feet to an iron pin; Thence South 25 degrees 00'00" West 64.19 feet to an Iran pin; Thence North 89 dMrcci25'06" West 254.51 feet to a point, said point also being the real point of beginning; Thence continuing North 89 degrees 25'06" Fast 100.01 feet to a point; Thence South 00 degrors 30'11" West 407.92 fed to a point; Thence South 68 degrees 54'11" Fast 276.46 feet to a paint marking apoint of carve; Thence along a ane to the right 59.46 feet, said curve having a central angle of34 degrees 0410", a radius of 100.00 feet, tangents of 30.64 feet and a long chord of 58.59 feet bearing South 51 degrees 5TW Fest to a point marldog a point of tangents; . Thence Sault 34 degrees 50'01" East 292.99 feet to apoint; Thence South 89 degrees 48'41" Fast 147.34 feet to a poi Thence North 35 degrees 0000" West 109.03 fed to a point; Thence North 51 degrees 45'00" West 580.00 feet to apoint; Thence North 00 degree 29'44" Bast 335.18 feet to the point of begma mg. PARCEL II Apared ofland lying in portions ofthc South halfof theNorth half and thallorth half of the South half of Section 3, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho and more particularly described as follows: Beginning at spout malting thoNord west canna of the said North half of the South half of Section 3; Theme Smith 89 degrees 25'06" Fast 2,077.73 feet along theNorthalyboundary of the said North half of the South half of Section 3 to a point, also said point being the real point of beginuiug; Thence South 0 degree 29'44" West 335.18 feet to a point; Thence South 51 degrees 45'00" Bast 580.00 feet to apoint; Thence South 35 degrees 00'00° East 285.33 feet to a point; Thema South 22 degrees 15'00" West 60.05 feet to a point; Theme San& 43 degrees 58'10° Fast 238.75 feet to a point' TheaM South 29 degrees 00'00" Fast 110.00 feet to apoint; Thence North 61 degrees 00'00" East 8 1. 19 feet to a point of carve; Thence Northeasterly along a curve to the left 147.14 feet, said curve having a central angle of 48 degrees 1028", a radius of 175.00 feet, tangents of 78.23 fed and a long chord of 142.84 feet bearing North 36 degrees 5446' East to a point of ending of curve; Thence North 56 degrees 30'00' West 151.38 fed to apoint; Thence North 41 degrees 30'00' West 203.92 fed to a point; Thence North 17 degrees 15'00" West 94.14 fed to a point; Thence North 22 degrees 15'00" Bast 147.00 feet to apoint; Thence North 65 degrees 50'00" Fast 45.00 fed to a poio5 Thence South 87 degrees 20'00" East 78.40 fed to a point; Theme South 68 degrees 00'00" Fast 61.48 feet to apoint Thence San& 71 degrees 3375° East 88.05 fed to a point; Thence South 60 degrees 00100" Fast 108.33 fed to a point of beginning of carve; Theme Northeasterly along a curve to the right 139.32 feet, said carve having a central a>glo of 25 degrees 3519", a radius of 311.95 fed, tangents of 70.84 fed and along chard of 138.16 feet tearing North 56 degrees 1220" East to apoint of mugent; Theme North 69 degrees 00'00" Fast 115.08 fed to a point of aavq Thence Northeasterly along a curve to the left 125.75 fed; said came having a cental angle of 24 degrees 2522 a radhis; of 295.00 feed tangents of 63.84 feet and a long chord of 124.80 fed bearing North 56 degrees 4T19' Fast to apoint of eodiog of carve; Thence North 44 degrees 00'00" West 79.63 fat to a poi Them North 67 degrees 45'00" West 160.00 feet to apoint; Thence South 65 degrees 50'00" West 244.67 fed to a point; Thence North 50 degas 30'00' West 114.35 fat to a point; Thence North 44 degrees 00'00" East 90.00 fed to a point; Thence North 17 degrees 00'00" West 175.00 fed to apoint ThenceNoRh 12 degrees 00'00' East 280.00 fed to a point; Thence North 77 degrees 30'00" West 170.00 fat to a point; Theme South 68 degrees 00'00" West 265.00 fed to apoint marking the Northeastcoma of the Southwest quarter of the said Section 3; Theme North 75 degrees 30'00" West 190.00 fed to a point; Thence North 40 degrees 00100' West 40.00 fed to a pobt Thence Scarth 75 degrees 59'31' West 70.00 feed to a pouf: Thence South 25 degrees 00'00' West 64.19 fed to a point on the said Northerly boundary of the North half of the South half of Section 3; Theme North 89 degrees 25'06' West 254.51 fed along the said Northerly boundary of the North half of the South half of Section 3 to tie point of beginning. EXCEPT that porton lying within the following subdivisions Chary Iona Village Na 1 Subdivision, according to the plat traeet filed in Book 44 of Plats at Pages 3537 and 3538, . records of A0a County, Idaho; Loan No: EXHIBIT "A" (Continued) is Page 2 Chary Lane Village No. 2 Subdivision, according to the plat thereof; filed in Book 46 of Plats at Pages 3791 and 3792, records of Ada County, Idaho; The Lake at Chary Lane, according to theplat thereof filed in Book 52 of Plats at Pages 4569 and 4570, records of Ada County, Idaho; The Lake at Chary Lana No. 2, according to the plat thereof fled in Book 54 of Plats at Pages 4882 and 4883, records of Ada County, Idaho•, The Lake at Cherry Lane No. 4 Subdivision, according to the plat thereof; filed in Book 74 of Plats at Pages 7674 and 7675, records of Ada County, Idaho. PARCEL III -A A portion of the West half of Section 3, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, moreparticularly described as follows: Commencing at the corner common to Sections 4, 9,10 and the said Section 3; Thence North 0 degree 38'11" Bast 2651.19 fed to the quarter corner common to said Sections 3 and 4 as same way reestablished by IS 972 (CP & F INSTRUMENT NO. 7852146, records of Ada County, Idaho); from which the Northwest corner ofsaid Section 3 bears North 0 degree 38'27" Bast 2697.49 feet; Thence North 0 degree 38'27" Fast 22.64 fed to a 518" iron pin; Theam South 88 degrees 55'31"East 379.53 fed to the real point cfbe ginnia& Thence continuing South 88 degrees 55'31" Bast 182.65 fed to a point Thence South 8 degrees 18'10" East 440.66 feet to a point; Thaws South 16 degrees 1875" West 218.04 fed to a point Thence North 89 degrees ITS 11 East 540.22 End to a point; Thence North 71 degrees 43W East 442.46 fed to a point; Thence North 10 degrees 3350" East 487.84 fed to apoint; Thence South 88 degrees 5531" East 124.84 fest to a point; Thence South 50 degrees 3875" East 89.99 fed to a point; Thence 165.33 fed along the arc of a curve to the right, having a radius of 250.25 fed, a central angle of 37 degrees 51'08", and a long chard hearing South 31 degrees 42'52" East 162.34 fed to a point; Thence North 89 degrees 29'44" West 120.24 fed to apoin Thence south 4 degree, 271r Fast 8090 feet to a point; Thence South 0 degree 30'16" West 230.52 fed to a point; Thence South 10 degrees 31'20" West 123.51 fed to apoint; Thence South 30 degrees 107- West 119.57 fed to apoint Thence South 50 degrees 50'29" West 134.39 fed to a point; Thence South 71 degrees 28'48" West 120.64 fed to a point; Thence South 82 degrees 45'52" West 225.84 feat to a pmnt Thence South 89 degrees 02'57" West 67.30 fed to a point; Thence South 89 degrees 02'57" West 67.30 fed to a point; Thence North 89 degrees 10'41" West 825.06 fed to a point Thenen Nath 77 degrees 29120" West 148.07 fed to a point Thence North 89 degrees 1041" West 160.40 fed to a point lying 65.00 fed East of the West boundary of said Section 3; Thence along a line 65.00 fed East of and parallel to the West boundary of said Section 3 North 0 degrees 38'11" Fast 247.64 fed to a point Thrice South 89 degrees 21'49" EAST 156.03 FEET TO A POINT; Thence North 45 degrees 03'16' East 163.61 fed to a point Thence North 5 degrees 3931" East 502.42 fed to the point of beginning. PARCEL M -B A portion of the West half of Section 3, Township 3 North, Raw I West, Boise Meridian, Meridian; Ada County, Idaho, more particularly described as follows. Commencing at Ona tonna common to Sections 4,9, 10 and the said Section 3; Thence North 0 degree 38'11" East 2651.19 fed to the quarter corm common to said Sectors 3 and as same was reestablished by IS 972 (CP & F Instrument No. 7852146. records of Ada Canty, Idaho); from which the Northwest caner of said Section 3 bears North 0 degree 3877- East 2697.49 feet Thence North 0 degree 3827" East 2264 fed to a 518' iron pin; Thence, South 88 degrees 56'31" East 1977.72 fed to a 518" iron pin and the real point of begin ft Th®es South 0 degree 30'15" West 41359 feet to apoint Thence North 68 degrees 54'11" West 26.71 feet to a poi MencoNorth 68 degrees 54'11" West 26.71 fed to a point Thence North 0 degree 30'15' Bast 217.93 fed to a point Thence 211.88 fed along the arc of a crave to the to% having a radios of 249.75 fed, a central angle of 48 degrees 3625" and a long chord bearing North 23 degrees 4757" west 205.58 feet to a point Thence South 88 degrees 553 1- East 109.62 feat to the point of beginning. PARCEL IV -A A portion of the Southwest quarter of theNorthwest quarter of Section 3, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, moroparticularly &scribed as follows: Commencing at the comer common to Sections 4, 9, 10 and the said Section 3; Thence North 0 degree 38'11" Fast, 2651.19 fed to the quarter cotner common to said Section and 4 as same was reestablished by IS 972 (CP & F Instrument No. 7852146, records of Ada County, Idaho); from which the Northwest coma of said Section 3 bears North 0 degree 3827" East, 2697.49 few Thence North 0 degree 3827' Bast 22.64 fed to a 519" hmnpin; Thence South 88 degrees 5531' East, 379.53 fed to the real point of beginning; Thence North 5 degree 3931" Bast, 290.28 fed to apoint Thence 46.45 feet along the are of anon tangent carve to the right, having a radius of 250.00 fed, a central angle of 10 degrees 38'46", and a long chord bearing South 49 degrees 22143" East, 46.39 fed to a point Thence South 44 degrees 0320" Bast, 136.41 fed to a point Thence South 8 degrees 18'10" Past 165.80 fed to apoint Thence North 88 degrees 5531" West, 182.65 fed to the point of beginning. EXHIBIT Loan No: 5590258 Continued) PARCEL IV -B A portion of Government Lot 4 and the Southwest quarter of the Northwest quarter of Section 3, Township 3 North, Range I West, Boise Meridian, Meridian, Ada Comity, Idaho more particularly described as follows: Commencing at the comer common to Sections 4, 9, 10 and the said Section 3; Thence North 0 degree 38'11" East, 2651.19 fed to the quarter cam common to said Section 3 and 4 as same was reestablished by IS 972 (CP & F Instrument No. 7852146, records of Ada County, Idaho); from which the Northwest comer of said Section 3 bears North 0 degree 3827" East, 2697.49 fed; Thence North 0 degree 3827" East 22.64 feet to a 5B' iron pia; Thence South 88 degrees 5531" Bast, 834.71 fed to apoint; Thence North 1 degree 0429" East, 77.45 feet to the real print of begriming; Thence 199.31 fed along the arc of curve to the right having a radios of 270.00 feet, a central angle of 42 degrees 1741" and a long chord bearing North 65 degrees 12'11" West, 194.81 feet to apoint; Thence North 44 degrees 03"20" West,198.06 fed to a point Thence North 37 degree 38"05' East, 125.90 feet to a point Thence North 4 degrees 2620" West, 178.94 fat to a point Thence North 49 degrees 13'43" Weak 619.18 fed to apoint Thence North 89 degrees 2133' West, 39.72 fed to apoint Thence North 0 degree 3827' Bast, 178.61 fed to apoint Thence South 89 degrees 2133" East, 104.94 feet to apoint Thence North 26 degrees 4655" East 463.73 fed to apoimt ThwwNorth 13 degrees 05'08" East 186.18 fed to apohrt Thence South 89 degrees 23'04" Fast, 221.37 feat to a point Thence South 0 degree 3656" West 30.00 fed to a point Them North 89 degrees 23'04" West, 114.43 fed to apoint Thence South 10 degrees 38'11" West 162.48 fed to apoint; Thence South 5 degrees 36'09" East 160.95 fed to a point Thence South 48 degrees 58'55' West, 66.41 fed to a putt Thence South 10 degrees 49'04" West 123.62 fat to a point; Thence South 12 degrees 00'00' East 85.00 fed to a point; Thence South 53 degrees 2621' East 142.60 fed to apoint Thence South 6 degrees 51'51" West 151.05 fat to apoint; Thence South 41 degrees 1414' East 171.06 fed to ape* Thence South 89 degrees 1226" Bast 12233 fat to a pots Thence South 43 degrees 03'05' East 60.00 fed to apoint Thence South 0 degree 36'15" West 671.50 fed to the point of beginning. PARCEL MC A portion of OreNmthwest quarter of Section 3, Township 3 North, Range 1 West Boise Meridian, Meaidiao, Ada County, Idaho. am particularly described as follows: Commencing at the coma common to Sections 4, 9, 10 and the said Section 3; ThenceNorth 0 degree 38'11" East 2651.19 fed to the quarter coma common to said Sections 3 and 4 as same was reestablished by IS 972 (CP &F Iustrrm cd No. 7852146, reeords of Ada County, Idaho); from which theNorthwest coma of said Section 3 bears North 0 degree 3827" East, 2697.49 feet TheacaNmth 0 degree 3827" Bast 22.64 fat to a 5/8' von pin; Thence South 88 degrees 5531" East 1784.61 feet to a point Thence North I degree 0429" Past, 303.15 fed to the real point of beginning; Thence North 66 degrees 28'40" West 157.70 feet to apoint Theins North 56 degrees 5639' West 717.37 fed to a point Them North 89 degrees 2344" West 36.12 fed to apoiat; Thence North 0 degree 3628" East, 5.00 fed to apoint; Theace 15459 fed along the no of a non-ta ige nt save to die W having a radios of225.00 feet, a central angle of 39 degrees 22'00", and a Ing chord bracing North 19 degrees 04'45" west 151.57 fed to apoiot Thane North 38 degrees 45145" West, 39.00 fed to apoint Thence Norte 51 degrees 14115' East 110.00 fat to a point; Thence North 26 degnm 1131" West, 134.78 fest to a pont Thom North 4 degrees 0420" West, 277.45 fat to apoint Thence North 31 degrees 4635" West, 241.56 feet to a plat Thema North 0 degree 36'56" East, 132.59 feet to a point Thence North 89 degrees 23'04" West, 110.00 fed to aprint Them North 0 degree 36'56' Fast 30.00 fed to apoint Thence South 89 degrees 23'04' East 175.94 fat to a point Thence South 78 degas 0529" Fast, 71.13 fed to a point Thence South 63 degrees 13'16" Fast 65.34 feet to a print Thence South 56 degas 2832" East 79.07 fat to a print; Thence South 53 degrees 15'09' Fast 86.07 fed to a point Thence South 42 degrees 31'18" East 7053 fed to a point Thence South 35 degrees 2822' East 77.08 feat to a point Thence South 5 degrees 49'06" Fast 249.89 fed to a point Thence south 8 degrees 16'07' Fas4125.42 fed to apomt; Thence South 13 degrees 5620' Fast 266.06 fed to apoiat Thence South 42 degrees 4329' East 283.07 fed to apoint ThenceNorth 61 degrees 49'13' East 165.37 fed to a point ThenceNorth 11 degrees 00'42" West 39924 fed to a point Thence South 89 degrees 18'49" Fast 398.40 fed to apoi»fi ThenceSouth 79 degas 02'15' Fast 61.16 fed to a point Thence South 60 degas 40'15" East 164.39 fed to apoint ThenceSouth 85 degrees 10'18' Fast, 136.30 fat to a point; Thence South 0 degree 30'15' West, 235.93 fed to apoint Thence North 89 degrees 29'45' West, 80.00 fed to a point Thence South 78 degrees 3349' West 182.71 feet to a point Thence South 11 degrees 45'15' West, 185.77 fed to a point Thence south 0 degree 30'15' West, 154.10 fed to a point; Thence 288.86 fed along the arc of a non-tangem auve to the IrA having a radius of 425.00 fat, a central angle of 38 degrees 5631 ", and a long chord bearing South 63 degree 04'11" west, 283.33 feet to the point of beginning. Page 3 EXHIBIT Loan No: 5 48 (Continued)ed) Page 4 PARCEL IV -D A portion of the Southeast quarter of the Northwest quarter of Section 3, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, moreparticularly described as follows: Commencing at the corner common to Sections 4,9, 10 and the said Section 3; ThenceNorth 0 degree 38'11° East, 2651.19 fed to the quarter comer common to said Sections 3 and 4 as same was rerstabhished by LS 972 (CP & F Instrument No. 7852146, records ofAda County, Idaho); fromwhich the Northwest comer of said Section 3 bears North 0 degree 3827" East 2697.49 feet; Thence North 0 degree 3827" East 22.64 fed to a 5/8' iron pin; Thence South 88 degrees 55'31° East 161453 fed to the real point of beginning; Them North 10 degrees 33150" East 72.37 feet to apoint PARCEL ME A Portion of die Southeast quarter of the Northwest quarter of Section 3, Township 3 Nath, Range I West Boise Meridian, Meridian, Ada County. Idaho. more particularly described as follows: Commencing at the caner common to Sections 4, 9,10 and fire said Section 3; Thence North 0 degree 38'11" East 2651.19 fed to the quarter corner mon to said Sections 3 and 4 as same was reestablished by IS 972 (CP & F Instrument No. 7852146, records ofAda County, Idalmr from which 9mo Norfhwest comer of said Section 3 beers Nath 0 degree 3827' Fast, 2697.49 feet; Thence North 0 degree 3827' Bast 22.64 fat to a 5/8" ironPK- Thence South 88 degrees 5521" Bast 1977.72 fed to a SW iroapin and the real point ofbeg u ft Thence North 88 degrees 5591' West 109.62 fed to apoimt: Thence 11.06 feet along the are of a non4aogent curve to mho k8, having a radius of 249.75 fat a central aaglo of 2 degrees 32'16', and a long chord bearing North 49 degrees 22'17" West 11.06 fed to a polo!; Thence Nath 50 degrees 3825' West 94.32 fed to apft Thence 60.45 fed along the arc of a curve to do k$ having aradius of 680.00 fed, a central angle of 5 degrees 05'36'; and a hang chard bearing North 53 degrees 11'13' Wed, 60.43 fat to apoint Thence 30.13 fed along the arc of cove to do right having a radios of20.00 Ent a central angle of 86 degrees 18'50`, and a long chard bearing Nada 12 degras 3496' West, 27.36 fat to apolot; Them Nor& 30 degrees 34'50" East 84.13 fat to apoing Thence 269.77 fat along the arc of a am to the right laving a radios of 375.00 fad, a antral angle of 41 degrees 13'04. and a long chord bearing Nath 51 degrees 1121• Bast 263.99 fed to ap ft Thence South 0 degree 30'15" Wast 369.89 fat to tlmpoint of beginning. PARCEL V Lots 1 and 52 in Block 5, and L.ot 11 "lock9 of Chary Lane Village No, 1 Subdivision, according to the plat thereof filed in Book 44 of Plats at Pages 3537 tbru 3538, records ofAda,County, Idaho. PARCEL VI Lots 12 and 21 inBiocc9 and Lot 4inBlock 11 ad Lot 53 In Block of Cherry Law Village No, 2 Subdivision, awarding to the plat thawt Sled in Book 46 ofPlats at Pages 3791 and 3792, records ofAda Comfy, Idaho. PARCEL VII Lot 83 in Blocks and Lot 14, in Black 13 Cherry Lane VtillagoNo.3 Subdivision according to the official plat thaeoffded in Book 58 of Plats at Pages $473 thru 5475, records ofAda County, Idaho. PARCEL VIII Lo 28 in Block 11 and Lot 39 in Block 13 Cherry [aero VttlageNo. 4 Subdivisk m according to the official plat thereof filed in Book 63 of Plats at Pages 6376 and 6377, records ofAda County, Idaho. PARCEL EK Lot 9 in Block I of Record Of'SurveyNo. 802 of adjusted lot lines for Los 8, 9 and, 10, in Block I of The Lake at Cherry Lana, according to theplat thowt filed is Book 52 of Plats at Pages 4569 and 4570, records ofAda Canty, Idaho. EXCEPT that portion lying within the original Lot 8. PARCEL X Lot 5 in Block 1 and Lot 13 in Block 2. The Lake at Chary Lane Na 2, according to the Plat thenen[ Sled in Book 54 of Plats at Pages 4882 and 4883, records ofAda County; Idaho. PARCEL XI Lot 24 in Black 2 of The Lake at Chary Lane No. 3 Subdivision according to the official plat thereof Sled in Book 70 of Plats at Pages 7167 and 7168, records ofAda County, Idalm. PARCEL XII Lot 19 in Block 1 and Lot 46 in Block of The Lake at CharyLaaeNa 4 Subdivision, according to the official plat tbQw& Merl is Book 74 of Plan at Page 7674 and 7675, records ofAda County, Idaho. 4 *EXHIBIT "A" Loan No: 5590258 (Continued) Page 5 THIS EXHIBIT "A" IS EXECUTED ON MAY 17, 2006. GRANTOR: LAKEVIEW MERIDIAN INVESTORS, LLC OAAS LANEY, LLC, Member of LAKEVIEW MERIDIAN INVESTORS, LLC WHITEROCK,IN�,C,OARS LANEY, LLC � By: T. ER a o WHITEROCK INVEST LANEYLAND , ember ofOAAS ANEY,LLC LANBy: EY, rel Brener of LANEYLAND R.R. DAMS P ERTIES, INC. emb o KEVIEW MERIDIAN INVESTORS, LLC To By: �'�► —� J D R. DAVIS, I reel ent of R.R. DAVIS PROPERTIES, INC. R.R. DAVIS 1150YOTIES, IN . By: C ----"J 4FUD R. DAVIS.0-Kefilclent of R.R. DAVIS PROPERTIES, INC. lA®iRML�n8.W.8.31.86L08 Gep.ItrW �Bqu8w. 8K 1BPI. 1040. NRIpIN ewW. •e)i.��OD1.fC 111AB16 PP•14 r • June 16, 2006 MERIDIAN CITY COUNCIL MEETING June 22, 2006 APPLICANT ITEM NO. S -M REQUEST Water Main Easement Agreement for Stow -It with Venga Ventures, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See aftached 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 Meridian. • ADA COUNTY RECORDER J. D1ANAUARRO AMOUNT .00 BOISE IDAHO 06/29/06 02:DEPUTY Pd Thson 43 PP1AI�r RECORDED -EU REQ ESST OF III IIIIIIIlIIIIIIIIIIIIIIIIIIIIII I III City of Meridian 6104198 WATER E THIS DENTURE, made this&V day ofut: , 20C& between, V� y � t } 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 hereinaft called the Grraiftc; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right -of --way across the premises and p opoty hereinafter particularly bouncbd and described; and WHEREAS, the water main is to be provided for through an cmdergravnd pipeline to be constructed by others; and WHEREAS, it willbe necessary to maitm* service ad subsequcWy to said pipeline frnrn tine to time by the Grantee; NOW, THERF,PORE, in consideration of the benefits to be received by file GrantoM and othergood and valuable consideration, the Grantors do hereby give, grant and convey into the Grantee the right-of-way for an east 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 andreplacemet 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 ammum 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 afer construction, making repairs, performing other maintenance or maldng subsequent connection to the water line, Grantee shall rest= the area of the easement and adjacent property to that existent prior to uaderWmg such construction, repairs and maintenance However, Grantee shall not be responsible for TePaging, replacing or restoring anything placed within the area descrnl)ed in this easement that was placid there in violation of this easement. THE GRANTORS hereby covenant and agree that tiny 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 rq t -of -way and casement hey granted shall become part of, or he within the boundaries of any public sem, dxxn to such extant, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and b== mill and void and of no further effect and shall be completely relinquished. water Main Easement EASMT WTR (2) PROP 1 of l 0 THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the afmmentioned and doun'bed 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 lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first parthave hereunto subsaxbed d = siVw&= the day and year first herein above written. GRANTOR o� W STATE OF IDAHO ) ss County of Ada ) On this day of �� 20C)� me, the a No he in and for said State, �► ��y. , and �.: known or identified tome to be the President , rcspccfwejy,00fft-- cotporetionthat executed the within instmument, and acknowledged to me that such corporation exemftd the same. IN WITNESS WHEREOF, I have hereunto set ray hand and affixedmY official seal the day and yew fist above written. •0,511112nne (SEAL) ' o~� -0 �D.V4-.04 # NOTARY P %LlCMR,,llDAH0 Residing atI t w xT!. P�4 Commission Expires: •-'Z-4 rE 04 wafer Main Easeanent EASMT WTR (2) pamajA- 9 • Attest by William G Berg, 'lerk O Approved By City Council On: STATE OF IDAHO, •— ; 7 a ''�JIIItJfIIllAil�,`` : ss. (_County of Ada ) 1/ I�i�e�; `�io cSeph 6j, t On this of�20ppr before me, the undersigned, a Notary Public in and for said Stste, PaMn lly appeared TAM do •_ „ and �,� G BERG, JR, aa known tome to be tine and City Clerk, respectively, of the City of Meridian, daho, and who �tmm�ent, and acknowledged to me that the City of Meridian executed the same. IN WPTNESS WHEREOF, I have hereunto set my .hand and affixed my official seal the day and year first above written. (SEAL) Water Main Easement aA NOTARY FUBLIC FOR IDAHO Residing at _ /'kU // Commission Expires: EASMT WTR (2) r�t, - t n Juiv-U0--CUuo k 1 nut 1 1 : uC 1UHHU !)UM9 bxUUV 9 (M)M UU4 5399 P. 002/003 Project No. 05-129 June 5, 2006 DESCRIPTION FOR WATER LINE EASEMENT STOW-IT'STORAGE A water line easement located In the NE 1/4 of the NW 4/4 of Section 24, T. 3N., R. 1W., B.M., Ada County, Idaho, more particularly described as follows: . Commencing at a 5/8" iron pin marking the North 1/4 comer of said Section 24; thence along the North boundary line of said Section 24 North 891,06'56" West, 677.82 feet: thence leaving said North boundary line South 00°41'54" West, 48.00 feet to a point on the South right-of-way line of West Overland Road; thence along said South right-of-way line South 8906'56" East, 192.21 feet to the REAL POINT OF BEGINNING. thence continuing along said South right -of --way line South 89°06'56" East, 25.00 feet: feet; thence leaving said South right-of-way line South 00653104" West, 5.00 thence North 89"06'56 -West, 25.00 feet; thence North 00053'04" East, 5.00 fit to the REAL POINT OF BEGINNING. S:USO PM19M \STOW -1T STORAGE (o5-120-01)XLNwumcntq\Ru*nunW0C Prepared By: Idapo Survey Group, P.C. 4f Gregory G. Carter, PLS JUN-uo-CUUbtImu) ii:ac IUHHU buRyt9 UNIJUP (I-HX)duu HHO 5349 P.UU3/UU3 toa 0 0 rT—'L� 40 on� >'z rn n -r► � J oO� 1,4 0 - MM �3 0. U4I1112OUb 14:b3 1089380516 BAILEY ENGINEERING PAGE 05/05 REV, NO. DESC. 6Y: CK'D: ADDITIONAL PIRR HOOKUP DETAI DRAWN BY: DES DATE_ 03/29/06 OVERLAND STOW --IT RD. ADDITIONAL. PIRR HOOKUP CK'D SY: SCALE: NOT TO SCALE ►PPROVED: A PORTION OF THE NW SECTION 24, T.3N., RAW., ADA COUNTY IDAHO 114 OF S.M., DRAWINq NO SHEET __7p Of 1__ HATE= 3 • 0 JUN - 9 2096 CONGEReSAUCERMAN City of Meridian GENERAL CONTRACTORS / CONSTRUCTION MANAGER'ty Clerk Office 405 Sm" 8th SL / Sure 290 / Boise, klaho 83702 / PIS: 2118-319-1778 / Fa= 2MM-2282 P4 ed Canmraetm RCE -2946 Project: STOW -IT Letter of Transmittal Transmittal #00102 TO: CITY OF MERIDIAN Dde: 6/08/06 "Ob No. STOW -IT c/o William G. Berg, City Clerk 33 E. Idaho Ave Aftwftn. WILLIAM G. BERG Meridian, Idaho 83642 Re. WATER MAIN EASEMENT Phone: 8884433 Fax 888-4218 We are sending you ® Attached ® Under separate cover via [Hand Deliver] the following items: ❑ Shop Drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ® Copy of letter ❑ Change Order ❑ Submittals ❑ 1 6/08/06 1 WATER MAIN EASEMENT THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ Date Approval Needed ❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: I AM SENDING TO YOU THE ABOVE LISTED ITEMS FOR YOUR REVIEW AND USE. AFTER YOUR REVIEW, WOULD YOU PLEASE FORWARD FOR SIGNATURE. UPON RECORDATION, PLEASE FORWARD A COPY TO US FOR OUR FILES. DO NOT HESITATE TO CONTACT ME IF YOU HAVE ANY QUESTIONS OR COMMENTS PERTAINING TO THESE ITEMS. THANK YOU, Signed: Copy: Greg McVay — Venga Ventures, LLC File: Stow4t / Venga Ventures, LLC Paul Saucerman Vice -President WATER MAIN EASEMENT THIS INDENTURE, made tris e- day of -:&!C 2p0between*Nm Ve•tT�p,�. U -C , 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 necessaryto 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 CMEWrs, and other goad 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 proposes 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 Maui Easement EASMT WTR (2) ! 0 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 WITNES S WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR-- Secretary RANTOR: Secretary STATE OF IDAHO ) ss County of Ada ) On this day of L20L(-QbQfcremethe undersi p4 a Notary Public in -and- for ndfor said State, personally appeared`�2�- and . known or identified to me to be the President and Sect4tary, respec&e1y,0of the mporation 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. AV # • C pus •�'••.,rA TE Off' -�•�, NOTARY P LIC R IDAHO _ / Residing at . p 1 C�Lo Commission Expires: V// Jog Water Maui Easement EASMT WTR (2) 0 • 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 200if, 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 EASMT WTR (2) JUN-08-2006(THU) 11:42 IDAHO SURVEY GROUP (FAX)208 684 5399 P.002/003 1-1 L Project No. 05-129 DESCRIPTION FOR WATER LINE EASEMENT STOW -IT STORAGE =1450.''Eis Waz cfo ivar. h1c'ridian;: (datic:836�1.2 '���: t Piione;(208)86=8570 Paic`•(3�8)c68!-53991 `.` June 5, 2006 A water line easement located in the NE 1/4 of the NW 1/4 of Section 24, T. 3N., R. 1W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at a 5/8" iron pin marking the North 1/4 corner of said Section 24; thence along the North boundary line of said Section 24 North 8906'56" West, 677.82 feet; thence leaving said North boundary line South 00041'54" West, 48.00 feet to a point on the South right-of-way line of West Overland Road; thence along said South right-of-way line South 8906'56" East, 192.21 feet to the REAL POINT OF BEGINNING. thence continuing along said South right-of-way line South 89°06'56" East, 25.00 feet; feet; thence leaving said South right-of-way line South 00053'04" West, 5.00 thence North 89°06'56"West, 25.00 feet; thence North 00°53'04" East, 5.00 feet to the REAL POINT OF BEGINNING. Prepared By: Idaoo Survey Group, P.C. x'29 i 150(0 a [1 Gregory G. Carter, PLS S:USG YTojccte\tiTOW-IT STORAGE (05-129-01)U)ncumcntv\Faaomcnt da: JUN-08-2006(THU) 11:42 IDAHO SURVEY GROUP (FAX)208 884 5399 P.003/003 low N � LI e m p �e.ao e I Y � I I6 � I 1 , to � I I �1 zo y �I a x pp •'U Fwom� • '9 mz ,h ljz rim> 0 �accesspg a jlpn rn � x • �� m ' OZ�fz+l � _� Ell --I `< Z -n rrl , o to 0 Q Q �cD o<0 aos► , ; ijr- r� U Q m L� 01 L L K N .4 �/ a 04/11/2006 14:53 2089380516 BAILEY ENGINEERING PAGE 05/05 O m s00 w om w Lav=i M2 I � 7 I 0 N I z W�..o F Boz �a5 L11 F3 y Lu 0:0lac sN Wo �uh .tw bmmm.4 � I af Z I J a F� a r•- 43 a o�s REV. NO, DESC.I 6Y: CK'D: ADDITIONAL PIRR HOOKUP DETAIL DRAWN BY: DES DATE: 03/29/06 STOW—IT CK'D BY: SCALE: NOT TO SCALE OVERLAND RD. ADDITIONAL PIRR HOOKUP APPROVED: A PORTION OF THE NW 1/4 OFI DRAWING N0. SECTION 24, T.3N.. R.M., B.M., D ADA COUNTY IDAHO SHEET __1_ OF 1__ • June 16, 2006 MERIDIAN CITY COUNCIL MEETING June 22, 2006 APPLICANT ITEM NO. S -N REQUEST Sanitary Sewer Easement Agreement for Amke Subdivision by Meridian School District 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. • ADA COUNTY RECORDER J D NAVARRO AMOUNT .Qp ; BOISE IDAHO 08/29/06 02: DEPUTY PS Thompson RECORDED- -REQUEST OF 111 I I 1 I CNN of MaIdlan 106104199 SANITARY SEWER EASEMENT THIS INDENTURE, made this -Z 3 day of As 20_,gbetween parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right--of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything -placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sewer Main Easement EASMTSWRRMAIN- school[i ].doc 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 first herein above written. GRANTOR: Title STATE OF IDAHO ) ) ss County of Ada ) On this .23VL'- day of WLu 20�, , before me, the undersigned, a Notary Public in and for said State, persohally appeared U1Inch. Ctairk, and 11 known or identified to me to be city r�ariV�ey of the corporation that executed the within instrument, and acknowledged to me that such corporation exccuted the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ••,%I%*% VWV.. were 4#1 (SE p'rAg► NOTARY PIJALIC FOR IDAHO * 4"Biss, Residing at: y pVautc, Commission Expires:_A -; 7- 011 Sewer Mainl�h �4,,'i�` EASMTSWRMAIN- school[ll.doc ���r l OF tQ ��•• GRANTEE: CITY OF MERIDIAN Tam"cTOQ �Oi-7�Oh. ```%%%jjJilirlllrrrr/ /c* est by William G. Ber , City berk _ Approved By City Council On:t STATE OF IDAHO, ) : 5S. County of Ada L On this_21 day of 20a9�before me, the wad a Notary Public in and for said State, personally appeared - - - - and WILLIAM �GBE�RQ,,JZR�-,,�known to=xecuted be the and City Clerk, respectively, of the City of ,,nd whthe 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 seat the day and year first above written. (SEAL) & aA nq NOTARY PUBLIC FOR IDAHO Residing at: I'i%i thn -Dw Commission Expires: Sewer Main Easement EASMT.SWR 4 V. _ d alborn: & woke consulti fIq, engineers & surveyors 120 N. Cmlis Road Boise, Idaho 83706 (208) 376-8555 Fax (208) 429-9862 F,:xi4l iarr "%A" P.N. 2234 December 5, 2005 PROPOSED ARNKE SUBDIVISION SEWER EASEMENT DESCRIPTION A 20 foot wide strip of land located in the Northeast 1/4 of Section 11, UN., R.1 W., B.M., Meridian., Ada County, Idaho, and being more Particularly described as follows: Commencing at the East 1/4 corner of said Section 11, from which the Center 1/4 comer bears N 89°10'36" W, 2655.19 feet; thence N 89010'36" W along the South boundary of said Northeast 1/4, also being the centerline of W. Pine Avenue for a distance of 1300.50 feet; thence leaving said South boundary N 0000'00" W for a distance of 299.11 feet to a sewer manhole being the REAL POINT OF BEGINNING of said 20 foot drip of land lying 10 feet right and 10 feet left of the following descnired centerline: thence N 89005'55" W for a distance of 244.58; thence S 00°51'32" W for a distance of 20.12 feet to the point of terminus of said centerline and 20 foot wide strip of land; Prepared by: Todd R. Waite P.L.S. f C:1'E't0jertsWAk-. (2234)0ocumCVbVAWgM eweamdco-1 b2 1--Z Z Rig u 7 0 �• 0�,�r��bd 6b H rM � r co L L'66Z r z�.,,. M ,.00,00.00 N ,61199Z 3 X!, LS.00 N r-- 3 dZ£.IS:C O N r eZ6'Z� L * „i£, lsoo S 5 -a— V 3N1-1 8AM3S f w kT- 4 X 4 C� I- tn a" MA b in IMF J A .•legs' LZ ..Z£. MOO S I is Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 6/12/2006 Re: Proposed Agenda Items for 6/20/06 City Council Meeting City of Meridian Public Works Dept. JUN -13 2006 City Of Meridian City Clerk Office The Public Works Department respectfully requests that the following items be placed on the 6/20/06 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer Easement for Amke Subdivision by Meridian School District. Typical Sanitary Sewer Easement. Recommended Council Action: Approve the Sanitary Sewer Easement for Arnke Subdivision by Meridian School District and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. 0 Page 1 0 • SANITARY SEWER EASEMENT THIS INDENTURE, made this Z .3' day of /,-/'0 , 20--44between ,4 i, /-"J/ ,C/ A a /. fi parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sewer Main Easement EASMTSWRMAIN- school[l].doc 0 • 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 first herein above written. GRANTOR: Title STATE OF IDAHO ) ss County of Ada ) On this -23V-d day of M , 20010 , before me, the undersigned, a Notary Public in and for said State, perso ally appeared W KcLa- CWxie. and known or identified to me to be 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. ,owslasl&%,, A. 116 qV *OT ARp 9� NOTARY P LIC FOR IDAHO Residing at: pUBL1G Commission Expires: ;-;k,7-04j � � O��. Sewer Main �• 000-Q+� , EASMTSWRMAIN- school[1].doc .,� �'F OF 0 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 ) 0 On this day of , 2003, 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 WOMEOF, 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: Sewer Main Easement EASMT.SWR 0 0 dalborn A, wafteconsulting, 1c engineers & surveyors 120 N. Curtis Road Boise, Idaho 83706 (208) 376-8555 Fax (208) 429-9862 rxoig P.N. 2234 December 5, 2005 PROPOSED ARNKE SUBDIVISION SEWER EASEMENT DESCRIPTION A 20 foot wide strip of land located in the Northeast 1/4 of Section 11, T.3N., R.1 W., B.M., Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the East 1/4 comer of said Section 11, from which the Center 1/4 comer bears N 89110'36" W, 2655.19 feet; thence N 89°10'36" W along the South boundary of said Northeast 1/4, also being the centerline of W. Pine Avenue for a distance of 1300.50 feet; thence leaving said South boundary N 00°00'00" W for a distance of 299.11 feet to a sewer manhole being the REAL POINT OF BEGINNING of said 20 foot strip of land lying 10 feet right and 10 feet left of the following described centerline: thence N 89°05'55" W for a distance of 244.58; thence S 0051'32" W for a distance of 20.12 feet to the paint of terminus of said centerline and 20 foot wide strip of land, Prepared by: Todd R. Waite P.L.S. CAProje=\u nke (2234)tDocumentsVitN 0wwease.doc-1 60 Z 0 �0NJx�{� N JS rf tt,d {a�d , L L'GBZ M . 00.Da..Do N 3 „ 10.92.00 .6 L'S3i '1010L 3 Z2,L9.00 N (D ,CsL'L�v 1 ,Zfi'Z0 L IM uC �-i l:;v s s V 3N1-1 a3M3S N K) co -4: 0 .r U ,.,m" No. 0 o aM 4�r, w Jm O W Z -, a -J a Wtn —9 L, � m . W o U wcnF F -9F. az -, z awig 3 Zoz W W Z O'w O W ix a 5Za dam CLLI O H W W U cn W V C 1.0 75 z"* CD Uj z LA ° o 0 Nm � yN C5 .- Z LLI .� inL Q 31 W0 X � W O co ;0 Z v 0 o aM 4�r, w Jm O W Z -, a -J a Wtn —9 L, � m . W o U wcnF F -9F. az -, z awig 3 Zoz W W Z O'w O W ix a 5Za dam CLLI O H W W U cn W 0 0 June 16, 2006 MERIDIAN CITY COUNCIL MEETING June 22, 2006 APPLICANT ITEM NO. 5-0 REQUEST 1 st Amendment to Americorp Youth Coordinator Agreement between the City of Meridian and Franklin L. Bud Henthom 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: W014 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. • 0 1St AMENDMENT TO AMERICORP YOUTH COORDINATOR AGREEMENT THIS AMENDMENT to the Original Agreement, approved by the City Council on January P, 2006 by and between THE CITY OF MERIDIAN, an Idaho municipal corporation, (hereinafter referred to as "CITY") of 33 E. Idaho Ave., Meridian, Idaho 83642 and Franklin L. `Bud' Henthorn (hereinafter referred to as "HENTHORN") of 1296 N. Golfview Way, Meridian, Idaho, 83642. The original Agreement between these parties is herein incorporated by reference. All provisions of the Original Agreement not amended by this Amended Agreement shall remain in full force and effect. The parties agree to amend Paragraph 5 of the Original Agreement regarding Compensation. The parties agree to the following change as incorporated below: Compensation: HENTHORN shall be compensated as the Americorp Youth Coordinator and related services in furtherance of this stated goal and objective pursuant to and specified in attached Exhibit "A." HENTHORN will be paid a monthly stipend for June, July, and August of 2006, from the City of Meridian in the amount of $843.62 (eight hundred and forty-three dollars and sixty-two cents) thousand,fetw dollars and --wenty five eei#s (K-25) per- houf not to exeeed seven for the fiscal year '06. or- one thousand seven htmdr-ed (1700) houfs of work peffonned foF the term of thi agreement. HENTHORN will also be entitled to submit mileage claims related to the performance of this agreement monthly to the City for reimbursement at the current IRS rate. This Amendment shall not become effective or binding until approved by the City of Meridian. e\61Dated this �2 ay of , 2006. FRANKI L. `BUD' HENTHORN Dated this9 day of J U/}L�, , 2006 CITY OF MERIDIAN pop .111-0 ' N , TAMMYD D MAYOR Attest: WILLIAM G. BERG, CITY CLERK P22e"`e� 69 OF SAL IST AMENDMENT TO AMERICORP YOUTH COORDINATOR AGREEMENT ```""� 11 +t' 1''" `` AMERICORP YOUTH COORDINATOR AGREEMENT THIS AGREEMENT, by and between THE CITY OF MERIDIAN, an Idaho municipal corporation, (hereinafter referred to as "CITY") of 33 E. Idaho Ave., Meridian, Idaho 83642 and Franklin L. `Bud' Henthorn (hereinafter referred to as "HENTHORN") of 1296 N. Golfview Way, Meridian, Idaho, 83642. 1. Scope of Services: HENTHORN shall perform 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. The position shall be funded in conjunction with a grant program administered by the University of Idaho as sponsored by the Americorp program, hereinafter refered to as "GRANT.". 2. Time of Performance: This agreement shall become effective on or about November 30, 2005 and execution by both parties, and shall expire on September 30, 2006 unless earlier terminated or extended. Extension of this Agreement may be made at the sole discretion of the CITY and may be dependant on securing continued funding from the GRANT. 3. Indemnification and Insurance: The GRANT portion of this program shall cover all necessary insurance needs of HENTHORN. The CITY and HENTHORN have no obligations to provide insurance or indemnification as part of this Agreement. 4. Independent Contractor: HENTHORN shall be deemed to be an independent contractor as Americorp Youth Coordinator. HENTHORN shall not have mandatory duties except those imposed by the GRANT, law, or regulation and those necessary to carry out the terms and conditions of this Agreement. Nothing contained in this Agreement shall be regarded as creating any relationship (employer/employee, joint venture, partnership, or shareholder) between the parties other than the independent contractor relationship as set forth herein. For the purposes of the GRANT, Americorp will pay the necessary FICA withholding for their portion of the stipend. This in no way affects the relationship of HENTHORN with the CITY. Nothing is intended by these directions or requirements to alter or change the independent contractor relationship detailed in this Agreement. HENTHORN is, and shall be treated by CITY as, an independent contractor (statutory non-employee) and not an employee for state, tax and for all other purposes. He will not be treated as an employee with respect to the services performed by his for federal tax purposes. HENTHORN hereby acknowledges that AMERICORP YOUTH COORDINATOR AGREEMENT — page 1 of 6 He has been advised by CITY that as an independent contractor (non-employee) affiliated with CITY. He is responsible for the payment of all his own federal income taxes and his own self-employment taxes (FICA), together with any and all corresponding state, county and local taxes, if any, and he hereby agrees to comply with those responsibilities. HENTHORN hereby waives any claims he has or may have against CITY now or in the future respecting such taxes or the right of CITY not to withhold, not to pay or not to contribute to such taxes on his behalf. This Agreement contemplates that HENTHORN will represent the CITY in meetings, committees, institutes, work groups, forums, or similar manner in furtherance of the GRANT requirements. He may represent the CITY on behalf of the Mayor or City Council at their direction. He may occasionally be directed to attend training or conferences at the CITY's expense as the CITY's representative. If directed by the Mayor or City Council to attend such events the CITY will incur the costs and expense of the travel and necessary expenses for attendance. Nothing is intended by these directions or requirements to alter or change the independent contractor relationship detailed in this Agreement. 5. Compensation: HENTHORN shall be compensated as the Americorp Youth Coordinator and related services in furtherance of this stated goal and objective pursuant to and specified in attached Exhibit 'W" HENTHORN will be paid a monthly stipend from the City of Meridian in the amount of four dollars and twenty-five cents ($4.25) per hour not to exceed seven thousand, two hundred and twenty-five dollars ($7225.00) for the fiscal year `06 or one thousand seven hundred (1700) hours of work performed for the term of this agreement. HENTHORN will also be entitled to submit mileage claims related to the performance of this agreement monthly to the City for reimbursement at the current IRS rate. 6. Method of Payment: HENTHORN will be paid by the CITY monthly on or about the last business day of eacb month. HENTHORN will submit a monthly accounting of hours and tasks worked on in furtherance of this agreement. Mileage expenses will be paid with thirty (30) days of the claim that are consistent with this agreement. 7. Work Station: The CITY will provide a work station, including the use of a city computer, in City Hall for use by HENTHORN in furtherance of this Agreement. All information, materials, work product that is created in furtherance of this Agreement shall be deemed the property of the CITY. HENTHORN will comply with all CITY policies in relation to the use of the work station and city computer. Nothing is intended by this provision to alter or change the independent contractor relationship detailed in this Agreement. AMERICORP YOUTH COORDINATOR AGREEMENT — page 2 of 6 ! 0 8. 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 Clerk City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Franklin L. `Bud' Henthorn 1296 N. Golfview Way 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. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 14. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every terra, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that HENTHORN shall not have the right to assign, transfer, or sell any of his rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the services required herein, HENTHORN shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 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. 14. 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 AMERICORP YOUTH COORDINATOR AGREEMENT — page 3 of 6 0 • examination all of HENTHORN' S records with respect to all matters covered by this Agreement. HENTHORN shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. 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. 16. Compliance with Laws: In performing the scope of services required hereunder, HENTHORN shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. 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 HENTHORN's compensation, which are mutually agreed upon by and between the CITY and HENTHORN, shall be incorporated in written amendments to this Agreement. 18. Termination: For Cause: If, through any cause, HENTHORN, 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 or is charged with any criminal conduct (either misdemeanor or felony), fraud, dishonesty, or any other act of misconduct in the performance of this contract, the CITY may immediately terminate this agreement with notice to HENTHORN. An accounting pursuant to this agreement can then occur to assure that proper payments or credits are accomplished. Without Cause: 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 HENTHORN of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. HENTHORN may also terminate this agreement at any time by giving at least thirty (30) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by HENTHORN under this Agreement shall, at the option of the CITY, become its property, and HENTHORN shall be AMERICORP YOUTH COORDINATOR AGREEMENT — page 4 of 6 entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, HENTHORN shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by HENTHORN, and the CITY may withhold any payments to HENTHORN for the purposes of set-off until such time as the exact amount of damages due the CITY from HENTHORN is determined. This provision shall survive the termination of this agreement and shall not relieve HENTHORN of its liability to the CITY for damages. 19. 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. 20. 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. 21. 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. 22. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. Dated this r day of c�I.LYLLGa- , 200!e rs:.. FRANKL L. BUD' HENTHORN AMERICORP YOUTH COORDINATOR AGREEMENT — page 5 of 6 r� U Dated this rday ofy ancca.� , 200 l� CITY OF MERIDIAN �1111It111j,,�,�',l�' T Y D ERD, MAYOR �1.�`'',.1,. , �; , •�,� Attest: 83 771 AlL # WILLIAM G. BERG, JR., CLEr CbUNTI Aoprw6d 61 AMERICORP YOUTH COORDINATOR AGREEMENT — page 6 of 6 Sal r c O LA d u r LU 4 H O IL S' Q 0, U � p us LU CL up 32 co tl p 0. �G^aSgtC_ �} C O' g ? W C LZ Lu rpai ,r�e, I &P q gn , a L � N m . Is ren Ln o C Q v ¢ m a r' N 0, U � p us LU CL up 32 co tl p 0. �G^aSgtC_ �} C O' g ? W C LZ Lu rpai ,r�e, I &P q gn , a £ ei� . Is ren 0, U � p us LU CL up 32 co tl p 0. �G^aSgtC_ �} C O' g ? W C LZ Lu rpai ,r�e, I &P q gn , a i 41-11 S t i Iftrrf4ah s•� AmedCorps � f *VISTA' r AmertCorps*NCCC r zv ai:� '� rrr��, � s { q e 'ti D00 separate: (VP- I nteers• in :SeNleW Nab , ' t '� 7 =at A�� r F s t. . • i ona! ivi lan :�.t�it"SZ 4i,rl�li►:•'�a�J ta►� * , •[� r$ k tv"` -, ►r � � 4:t t •.• '��Ei'j'gar 1''' i t �'�'$r �� a5 it eFy�lG •,�.{ Lb y ; - P $ a, h, �+tff ArrI8rIC8}'-�� .{- i%{�'�t,. 1 COMMUtilty COrps? :•� ,.4 t Y I..,. L�� � L •. !' ����4 i'SLS�S � S .M � �.�1ilr..' S 4'Y ��1;�-. t G 4.� bS !r}` : ��a �{4T `)a�„W. �_ii �i6t�+. 1} f L, � dltMvi' y } L 4'it i1 ra y�d ,.. d a .. , , a. ; i t.y'�."��)�i ti�i. too- �Y• 'iif<. -' .: _ -_. GG J �QYI,SN i f ` M:se ettltet inteams or Members serve throh Members live in a Campus 'A . a� Pij1t8Z8t s � �ht� natal enSi rganic ons{a blit ott- environment and iX twia ` ittrSh1 , sf_' s r @, a. t.<'rtcu ,o i7i" r' t.:ts �.E.,r1a a ;i* serve in teams o,. • N' � s ...: y� �. ,�".l.t:.�. pm►,ate arx! ' _... prot`�t agencies, addEessing �. oto. t:amplete a variety of'seivic Members LG 1,}{ , ,: pub>'ioar�ati�ons. tss�iere lateto Poverty Projects �neareas ofucaa:- t;etmsuch as publicap,�e¢rsra>}iofn.. tion, public sataty, disaster relief rect'aiyd irldirt sarin the ernrrronmtt, is,,t emniorr and 7= ifliirt;�� ti 'N `.a Op ;1i1'i r' }aN..aM�.,' Wtc.a t sat ,.lilKµ+.:�.4oa1.. ICDnSenratlOn, +4ppr,, • and employment=by^deireloping .• . outer cmnmunrty needs public , die en rd ant, and'mobilizing resources that Members after irainei tQ projects �.,.,a: tt •tother human need `such s, create long-term sustainable throughout their legion; : as health and housing. benefits at a commur ' level.. 471PIY�.- `d �i� bw -'1 .1 - 4 ;- r:;n a .q �� •f,. a .A-Rf :a { Ap�ficavSn�ts must be at least, iicarrtfss must b� at1 �''" pp " s5`artW {6 ; ,� Jt '.r� fi = i I L� ': �� •A .V 3••` , r=.� - r ' �:,,:, �� , .:;, ,,,. t="'i t ; ; ,, , A Ircant$ must 69..18 t0 24 17 r ofe� tui a U $ ettaeri; t8 years aid end's U.S. cifizen,., years old while they Sarva-; ' U.i°�naon8 Or1`awfu .._., l rma U.S.national, nd or lawtut nim- l�• , - pe a U S citizen, U S. nadortal or relit re�eidopt alien of the U.S. nent resident alien of the U.S. lawful permaner ntsld siren, _: •:'il l ji} ri {Stl.FiUi 81'at7 `^Y is h} ' .a }N r of the U.S. lrsvtr •iL> ;a ^'.'=r::Li}�4�;tlk L�33.h �< .2 �9a Ik �; , lie,}air. d i:! •a. ,. 3, , ra ; a . ; �...<g�; ye r is t ➢�L tf �n i,•W•�.r+�N:iiaL;..1Ji11:P�•P4,t.d#i�%,Yatr��r VN i, r 111t �u levels are•needed - _;. ,••,.,, �A bachelors degree to h All s�Cr111eveis ark rieBdee3 r� RA ' years Of related valun{eerPob ...._ ... ., ... , . encs is preferred, aass ��,,,,yy q,, it 4 .� 5l � 1r I,tt �, I ir4 it d:.... : '• _ r. ,4rL k&'8 �4G!� a one Yeaf+ Full timed for one y$ar Fu1f time for one year t. r,S ,wi ,l•1rq,F!i],4r.�. J-{ .4 .t r, f.9 s, i`i. .E,;=f.t7 S`� Irl �t . Y6 r . L �.�.£'4=v�.<r on.!�; sennc,<� �iP ,,, (Alo part time sem+ei op rtun es ate avarlable,� oPAortunities avaiiable.j , ;�3_ • opportunities avatlabie 11VJNG ANCI: • t .� luios msp rids a modest A modest living agowarrce is .,, est iving allows f'nal� , A mod I' e pa rd% weekly paid biweekly - id b'nnreek RUOM Atoll) In most cases, members are NlembeArWIImw6hsible for Members are provided with Nous- 't�Q FOS ed for Covering their : ening theirown hotisitg'and !i ing and meals and I'nre m dormi- ' t, d uglj ati y'tJrl1 t�: k�1} o,�� i r , ayim housing and meals from meals from their living al a. tor-sty le housing on ona of.five. lta'1;,� tv�.tjt 41� than living allowance.. i,;...+ �- campuses. F,ill1NAHOlSFiPi]11Q , Upon completion of service. Upon completion of service, Upon completion of service, } �tAis a ` Hvat, members receive a $4,725 members have a choice of a members receive a $4,725 ' }ueatian award for tuts-time $4,725 education award, in the education award, iii the form ivr i In theis form of a form of a voucher ora $1290 of a voucher. "f R nye 7��iw,�l i1 f f ► }�,b, , ria , r V > r i �r cash stipend: : . Overview of- the - D. Ed-utcation Award AmerICorO$ members'llave an opportunity to make a lasting impact on the lives of people in- the communities they serve andtheir own. ,066.0 the 'waysOr' "t.AmviC ps can impact your life Is to(help.'you reach your goals with an , oto 14M.SucceSWITCOMPletO Your service, YOU w111 receive 8W education award that you can use tl pay, for4ghti eduaft, m ontrainingor to repay qualified student loank. To qualify for an qOucation award, you MUA successfully complete the required aterm of service' for the program In which you participa*--etther A IST medCorps*V A .(Volunteers in Service to America), AmedCdrps*NCCC -other ' ndredsof (National Civillar0corrimunity Coqu), or-,6n'e of the -hu' mi In :the �Mqr!Corps network. M pro'. Mr month service instead of -ft. ec!6666n, mtis. t,041.00.00 wC !nM rs am i 0-6j, M 416k �nly. f0ithe education pard 79bou OU 9M aid, C V Your Educa ti x AW4Xd Ou OMUSL your oducad6n award irr the following wayt: b66 V'"v& I' , " WIMid'silst!" 6r future student loans,! ng i1c sof Ahft.,cns1t of attending a qualified institution of higher* education programs),,or 6'to-M expenses, while Participating in an. approved school -to -work program.. qc -T of, -Y9A EduCAttOn Award. T!Je an It of 3 urpwa!O.depencjs upon•whetheryourterm of serviCOS full-time or part e. 1-kil.6 deteim"Ined thait-'education awards are suN"'19 in i 3 ;?!ne taxes in the Y -J'! NIPTilme ($4.725-00). AmedCorps members whd successfully serve at least 1,700 hours during a'. period'6f:.*,,nRi months to. one* year are eligible torecft,._oR,.;ward, 9f 44.725.00. $4.722.00 education award byserving- full-time for one year. Part -' .e .:. 17 362 so) AmadCnrm ham UAM COIN-OvwC46.1h. 1--- 1�4mjv- flI* F�� 900 hbuit'ofservicia, during a period of i t to two -bW Ol.n. OwnIII tMU, I "Redut4d' PN L"nW&w Wi6normon,1" to number t IndMi4oMuh*'`i�a$AmidCdrpS members Ina sped . 0 W during the summer) may be ell POOOVO*rdlati 6f fee 446tatrob E XKIQri+ A Ti N.0 AmeriCorps 1112101 Forms I Advanced 5earc FONT SIZE: Dafaolt [ Larg 05) -E}14-4; For Individuals Why Get involved? I'm Ready to Serve Benefits of AmeriCorps Service Frequently Asked Questions Current Members Alumni Spread the Word i. ar . •a s , � 't , w Select a State Other hfat�onai Servtoe Pivgrams ``, Hurricane Volunteer Support Fund In the wake of the recent hurricanes, the Corporation is coordinating volunteers to assist with repair and relief efforts in areas affected by this devastating storm. Your donation will support volunteers in providing food and shelter, managing donations, helping victims get necessary assistance, and long-term rebuilding efforts. Donate Now to our Disaster Relief Fund Enter 6WI-I Address MMM About Us For Organizations For individuals For Individuals > Frequently Asked Questions Below are a some of the most frequently asked Questions about serving in AmerlCorps. Our Programs • rm confused. There are different programs, with different names, but they're all AmerlCorps? • is AmeriCorps like Peace Corps? • Do I get paid? • What If I'm out of school and not interested in the AmerlCorps Education Award? Can I get that money in cash? • How long are the assignments, and are they all full-time? • Can I Join If rm not a U.S. citizen? • is there an age requirement? • What skills do I need to have? • Can I defer student loans during my service with AmeriCorps? • Will I get any training before 1 start? • Frequently Asked questions for AmeriCorps"NCCC I'm confused. There are different programs, with different names, but they're allAmerlCorps? Yes, basically. AmeriCorps is a national network of hundreds of programs throughout the US. There. are two Programs that are managed nationally, AmerlCorps*VISTA and AnterlCorps"MCC. The other group of prograr come under the general heading ofAmeriCorps, and they are found in local and national organizations throughou US. Depending upon your interests and availability, we can help you determine which program might be best for) is AmeriCorps like Peace Corps? Yes. Amed0orps is often referred to as "the domestic Peace Corps." Both agencies are committed to service, anc both offer challenging and rewarding full-time opportunities, Peace Corps assignments are all overseas, and AmerlCorps members serve only in the US. While Peace Corps Volunteers serve for two years, a stint in AmedCc usually lasts 10 months to one year. (Some Amer!Corps projects also offer part-time opportunities, and some AmeriCorps members serve more than one term of service.) Do I get paid? For all AmeriCorps programs, members receive a modest living allowance, and some programs provide housing. may not save much money during your year of service, but most members find the living allowance to be adequat cover their needs. AmerlCorps members who complete a term of service also receive an AmerlCorps Education Award. What If I'm out of school and not Interested In the education award? Can I get that money In cash? if you're part of AmeriCorps" ASTA, you may opt for a cash payment of $100 per month of service instead of the education award. All other AmeriCorps members are eligible only for the education award. How long are the assignments, and are they all full-time? Mrr- Partnering to Answer The time commitment varies, from ten months to a year, depending upon your project. Most assignments are futl- the President's Call to time, but there are some part-time service opportunities available. 1&.W .tlr. Service Can 1 Join if I'm not a U.S. citizen? You must be a U.S, citizen, national, or legal permanent resident alien of the U.S. to be an AmerlCorps member. Is there an age requirement? You must be at least 17 years old, although some service opportunities require you to be at least 18. For one of or programs, the National Civilian Community Corps (NCCC), member: must be between 18 and 24 years old, but fc most there are no upper age limits. x.t P&Y httb:/1www.americoms.oro/fnr indiviririatc/fan/i,nAo v ar„ AmeriCorps � Page 2 of t lis do 1 need to have? Some programs have =G skill requests in certain areas, and others look for a bachelors degrea. ar a few yea related volunteerljob experience. Far others, your motivation and commitment may be the primary requirement. Can 1 defer student loans during my service with Amsricorps? You may qualify far postponement, or forbearance, of the repayment of your loans during your service.. The educt award will help you pay off quallfted student loans when you're flnishad. Contact your tender fcir"nmre epeciftc information or to confirm your loan status during AmedOwps service. Will 1 get any training before I start? Absolutely. All members receive training at the beginning of their service, as well 88 pnaject-Specific training durin .service Requently Asked Questions About AmedCorpemcCC What Is AmneriCorps'NCCC? AmeriCorps'NCCC (National ClAllan Community Corps) is a residential, tearrrtased, national servici initiative th; engages young adults ages 18 to 24 in full-time oar -Ace. Operated directly by the Corporation for National and Community Service, AmertCogx*NCCC is part of a national network of service programs that.heip im al eommuni address their compelling needs. There are currently more than 60,000 members serving in Antert rps'.`N=, Americom MSTA; and over900 otherAmertco WSmto and National programs ftuMhout the minty. What Is the AmsrlCorps'NCCC mission? ` The AmgdCWWNCCC mission b: To strengthen communities and develop leaders through teain based national community service. . . f.... What do AmerICcrps'NCCC members do? Amer1Corps'NC0C members perform 1e8m4m9d service projects In six different area"rivironment, education, public safely, unmst neeft homeland security, and disaster retfef—in communities in all 50 states and U.S, terdto What are the benefits of serving with AmerlCorps'NCCC? AmedCwps`NCCC members receive a living allowance of approx6nately $4,000 for the 10 months of service (abc 5200 every two weeks before taxes), housing, meals, limited medkai benefb.* up to $400 a month for childrtsre. It nacassary, member unlformk and an education award of $4,725 upon s,rocessful completion of the proomm. What organizations does NCCC support? NCCC supports 11911, -based and Other community-bassd organba ris; national nonprofits; schools; local municipalities; national and stale parks; and Indian tribes. What do the medical benefits cover? The medical benefits plan covers all injuries and/or illnesses suffered during service and most pharmacy needs, T plan does not cover medical care for pre-existing medical Illnesses and/or injru9es. Can 1 bring my ahlidlchitdran with me to the campus? Children are not permitted to five with members at the campus. Amer1Corps'NCCC membens.with.chlklren.must rr arrof Ong mems fbr children aro someone for to can f �ir child/children while they are In the program. Members ilia! Irene custoc p per mond, to help pay for child care white they servo with ft program. What are the minlmum requirements for participation In AsneriCogrs'NCCC?. Members are required to complete 1,700 hours ofsenrioo, Including 80 hours of independent service activities. Members must be able to Will effecdirreiy with a team of Individuals from and within communities ofdlhrse;cultur 61111`11%con iG eomic, geographic, and education backgrounds. Members must be able to communicals 'W iome'.8, 81 In the English language with pears, supervisors, staff and other Individusla. They must comply with the rules and. regulations outlined In the AmedCorps"NCCC member handbook Members must be able to perform physi k:li labc sometimes in stressful environments and adverse weather conditlons. They must be willing to serve brig hears beyond the sight-hourworkday, deploy to any location in the region served by the campus, and be able � deal wit sudden and unexpected changes. What is required to successfully complete the program and recetva the AmertCorps Educatlon`°ArNaril? Members must serve aha full ten months and complete 1,700 hours of corrimunity SWM including 801houm of independent service. If a member departs the program early, he or she forted the education award unless there it COmpelft reason, in which can the education award is pro -rated. Details are explained in the member handboc Where are AmeriCorps'NCCC sates? There aro currently fire campuses that serve Ohre regions. These aro located on dosed military bases in Sacxamen CA; Denver. CO; and Charleston, SC. One campus is located at a Veterans Medical Center on the Chesapeake B In Perry Point, Maryland, and the other to located on a municipal facility in Washington. D.C. When do the AmsrrCorps'NCCC campuses open? We have two start eydes: the fall and ywinter. The fen cycle campuses are In.Cha�riselon, Sacramento, and �/Wftti ittp: WWw.americormore/for individusmlc/fan/indo-Y Pan �-G � ��� 5 moi'" 9 `m�C0xp$ * Page 3 of f Waston, D.C. and open in late September and early October. The winter cycle campusesare6 perry 06: 166 `v Denver, and open in January. What states are covered by each region? Capital Region Campus (Washington, DC): Ohio, Pennsylvania, Virginia, West Virglnls, Washltgton, DZ Central Region Campus (Denver): Colorado, Illinols„ Indiana, Iowa, Kansas; Mlchigan, Minnesota, Missouri, Motif Nebraska, New Mexico, North Dakota, Oklatmme, South Dakota, Texas, Wisconsin, Wyoming ; Northeast Region Campus (Perry point): Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hantpsh Now Jersey, New York, Rhode Island, Vermont Southeast Region Campus (Charleston): Alabama, Arkansas, Florida, Georgia, Kentuclry, Louisiana, Mississippi, North Carolina, Puerto Rico, South Carolina, Tennessee, Virgin Islands Westem Reglon Campus (Sacramento): Alaska, Arizona, California. Hawali, Idaho, Nevada, Oregon, Utah, Washington, Pacific U.S. Terrltarles. What are the application deadline dates? There are two deadline dates, one far the tall Wd"arch Ir. -and one for the winter Cycle; Jiro IS ..1 o1 a 64 . Members are encouraged to apply early, because selection is continuous and the Class may be liked b6W the application deadline date. , What are the selection process and criteria? All eligible applicants will receive an acknowledgement tetter and fuithar h6rmavon about the j weeks of,subm pm8n1 within tFin tttirtg their appltc tn.. They will be Instructed to. c0it tell lfres;telophMs number,bi: ego ifrriUs,thee"_ selection prooess. At this point the applicant win be screened for art, lntstvlsiil Based on its or her re --i" to sey questions about the appl[mft wDUngness to participate in ON aspects of the program: All awflcahts vvtw'. sua,gss dear the Interview screening are scheduled for an interview within fivsto s6r weeks. of nseetpt of their ttie`a'ppl eali Orr 1. Interviews are conducted by NCCC staff. 2 The Interviewer asks questions that focus on the appfic eni's:lnbenest and vvl�t Ono= parlidpsta fully In mWenbl, team -based service program; flexibility and adaptab9lty; ootlaborstton and :accountability; and what the applicant will bring to, and haw he or she will benefit from,1 tits expetlertoe. `: 3. All apppiicants are Informed of the status of they tntervievrs within three weeks of the Iiitervrisw via mail. 4. Appik:artts are elther Iwited to serve and assigned th a campus, placed on the aRemata Iist, or infontred t they have not been selected to serve with the NCCO 5. If invited to serve or placed on the alternate iter, the applicant will harie to rvsspond wltfitn 10 days of reaah the tatter by retuntbtg the confirmation form. a completed merliCat history form, and ftitgerpriiit card to a. stamped, addressed envelope that provided In the`maithig; e. Uwe don't hear from the applicant by the date identified, the applicant will be disquaitped and ineligible fol service with the NCCC for this specific term of service. Now long th the selection process or how tong will It take before kind the status of"my;appilcatlon? Our goal is to oamptete the selecflort p within two months of'" aetvhig tise appltcadonjhis'means that two months ager we receive an application, the applicant should know V hei or she has 6een*accepted pia ori the alternate list or not accepted. However, there are many instances when it may fake longer that- two dkhths.; . What is the ratio of applicants who actually get in? in the past five years, we have received approxbnateiy four applications_ for every available member. slot. If I am assigned to the aitennate Ils% what Is the probability first _t v ij bilmdted to serve? We have bruited at least 5o percent, If not a great deal mora, of alt mfrs to serve. How long Is the Interview? AnInterviaw generally lasts between 30 to 45 minutes. The timing depends on the person intenitewinQ youand, he you respond to Ute questions. Once the Interview Is completed, when will I be notlfled of acceptance or denlal? The applicant is notified of the status of their tnterview within three weeks after oompleft tha interview What questions will be asked during the Interview and how should t prepare for the Interview? The questions will focus on things that will help us detemtine your Interest and willingness to serve in a residential team -based service program, fleexibiility and adaptability, collaboration and accountability and your personal goals. You can prepare for the Interview by finding out as much as possible about the NCCC program. You should respo to the Interview questions sincerely and honestly. Will It be a group Interview or one on one Interview? Ail lntervkwve are conducted by telephone one on one with an NCCC staff member or team leader. httn!//wwvv_amPrirnrnc nry/fir inriisririnalo/%n/;*..ie., oA�_ AmeriCorps Page 4 of i Can l'lirve Withal frlend? Yes. We have a Servs with a Friend program that allows you to Identify a friend who has also applied to the progi If both of you are accepted, you will be assigned to the same campus. However, you will not tie assigned to the a team. Each campus has its own polides regarding roommates and living arrangements. Can 1 pick the campus that 1 want to go to? No. Campuses are assigned randomly. WIII I be placed at the campus that is conducting the Interview? Possibly. Campus assignments are random. Can a person with a admiral background serve in the NCCC? It depends on the offense. If someone has been found guilty of certain felonious criminal ads (Le. ads of violence or she would probably not be eligible for the NCCC program. Can I select my projects? No. Projects are developed by staff and assigned to teams in ways that vary from campus to campus. WIII I be able to develop any projects? Ail members have a requirement to complete 80 independent service hours (Included in the total 1,700 hour requirement). These are projects that members can develop and execute on their awn. Can the 80 independent hours be completed in my home state during my vacation or other leave time? Yes. Members should coordinate d independent service pmJec s with the staff at the campus that Is responsible supporting members In this effort before they perform the service. This way the member will know beforehand if tl proposed service activity will count towards the 80 hours required. : How many projects will each team do? Each team will perform between four and six projects during the program year. Will i do a project in each of the service areas? The NCCC will make every effort to provide teams with a wide range of project experiences, but there is no guars theta team will complete a project in -every service area. What does "spike" mean? A spike Is a project that requires the team to establish temporary housing in the community where file projact is h corhducted because it le too tar•from the campus to travel to and from every day. Spike accommodations have included camping, military facilities, youth hostels, cabins, private residences, dormitories, etc. The team will Qve I that community for the duration of the projed in whatever facilites that are provided. How do teams gat to project sites? Teams travel lo the projectsite in a 15 -passenger van. Some team members will be certified as drivers. Certified drivers must attend a driver's class and take a driver's test at the campus. These are the only members who will 6 permitted to drive the NCCC vehicles. Will I automatically be assigned to fire fightin97 No. At members receive bask disaster relief training like CPR and first -aid. but members must qua ft for fire fight training by sucoessfufiy completing an endurance test. Last year, apprmdmateiy 18 percent of NCCC members we trained as firefighters. is It possible to receive college credit for participating In Americorps? Some members in the past have received credit for f tale service experience, but that Is something that you must negotiate with your college or university. H i don't have my high school diploma, will the NCCC help me get my GED? Yoe. Ail members wit develop an Individual leaming plan at the beginning of the year that outlines their personal learning goals while they are in the program. NCCC alaff will then help the member develop a plan to achieve thou personal teaming goals. including getting a GED. What skills will 1 loam while In the program? Members will receive a variety of training and team different skills through the service projects they perform. For Instineti members who build houses will team the fundamentals about framing a house, installing aheetrock, eta Members who work with children In schools will learn about the most effective way to tutor in reading or math. Members Will also receive CPRJFIrst Add and Disaster Relief certification training from the Red Cross, and leaders' oonfiict management, team-butidtng, oommunky building, and other training. Are there otheractivifies that will support my educational or personal developmentwhile In the program? Members participate in sec m4eamlng scUfts that are designed to Increase their understanding of the service i doi the communities where they serve, and the importance of civic reMponslblilty. Examplasorservici4iaming activities Include doing research about s project that a team will do, participating in structured refleedon sessions a htto://www.amerienrns•nror/fnr i„riivirin�i"lf�rrr.iP.. ""., � �� � �Q�,i�e � � � - •- - - AmeriConps Page 5 of kee a Journal about the NCCC experience. and developing a service project partlblto at the concltiatch of eac project.This service project porifoifo is the written record of the service experience and summarizes the project activities, members' experiences, and what was accompirshed. Are members nqutr6d to take a drug test? Yes.• AmeriCorps'NCCC is a drug-free environmenL Ali members are tested during the first week of reporting to 1 campus and randomly throughout the program year. Members who test positive for Illegal drugs are dismissed M the program. What are members' service hours? Service hours are set by the particular project to which the team has been assigned; therefore they may vary. Th can range Ifrorrr sawing three weeks straight for 12 to 14 hours a day (sura as duster relief work or *9 fighting, where the need Is great) to serving hours that resemble more of a regularwork week (Monday to Friday or Tuesc to Saturday, tt:00 AM - 5:00 PM). WIU I have ares time to do otherthings besides NCCC? time. Whenever members are not at the prnJect site or performing other NCCC-related activities they will Have fie Is there a way I can talk with someone who has already served? You Can contact us at amccc;Qomgov, or call us at 1-800.731-0002, and we wail help you make a connection wi someone who Is an alumni or is currently serving. How can 1 best prepare for the NCCC? Members should be ready to We and saris in a Community setting with a highly diverse group of peopts. There v rules and regulations to foacw. Flexlbllk, initiative, and an open mind are key to having a suc oessftd ;. . NCCC experience. N accepted to the program will 1 have to pay for my transportation to the campus? AmeriCorpa'NCCC will pay for -your transportation to the campus from your home of record and back home whey have compieted the program or whenever you leave the program pemmnently. Do Amod0orps'NCCC members wear uniforms? Yes. You are requked to wear a untfomn. Uniforms are issued to members when they report to the campus. The uniform colors are gray, black, and khaki. At a minimum, all members will receive the folkmbg Items: 1. SDU (battle dress uniform) pants—black & khaki 2. Khaki shorts 3. T-shirts (short and long -sleeve) 4. Polo shirts (short and lon"Iseve) p5! `H`,o,�ot d�e-d sweatshirt •vmParke tsel400d work boots 8. Baseball cap' 9. Fleece vast 10. Coveralls Other uniform Rams may also be provided depending on the campus where you are assigned. When do members wear uniforms? Uniforms must be wom at an times when on duty. Duty times include all service, days, training d.a* feint, unit an community meetings, and white on desk or driver duty or any other time alien representing AmerICorps"NCCC. Call 1 bring my pets and personal Items tike my call phone and coimputer?. Pets ars strictljr prohthlted. You may bring your cell phone and youebomputer, however you will be msportsibie to safekeeping of these items. Each Campus has a computer lab for members and there ane Pay phones In the residence haat or dormitories where membere He. Carl I bring my can to the campus? Yes. However. you will not be allowed to, take your car with you when you go on a spike project. Can nts visit me the r ed to servo? Yes, brut theycannotcannot stay on the campus. ghey would f I am have to stay In a hotel or wish Mends/family off the campus 4 What Idnd of supervision is there at the campus? Each campus Is fully staffed and ted by a region director. Members, assigned to teams, report dtrectiy to a team leader, and teams are assigned to a unit that Is lead by a unit leader. The unit leader Is directly responsble for the Personnel.Oaf* and Well-being of the members to his or her ante: Appraadmatefyr 30 percent of the sten are retlred,mllltary iCh t% �A d12 httD://www.americomq.nroIfni 1tl�itririnale/fonrnrisv tet., .AmmiCerps � Page b of WiL. 1 ks or vacations do 1 get? Members who attend the fall cycle wil! have a winter break that starts at the end of the yearust befan Chria6 na, goes through the New Year. Members who attend the winter cycle wfll have a summer brew that will ocelli arou the'4th of Juty. Thera is alas a spring break that Is a long weekend (t=riday and Monday otij that wpl occur somei In April or May deperxling on the campus. Members WR also be off on Certain other holidays such as Thanksgivi Labor Day, and Memorial Day. �, P table contact us I NewetetteR (site Map Site Index I Flmtt3cw I Privacy ft Ammlbl�ty �! FOtA I No Fear Act I Federal Register Notltres I Site Wkei Last updated: Thursday, November 03; 2005 1 Yki .1 r• . • 11NY1•/%:nsml 7ta16rins�+wn w.w.11:.� .�1.�..:.]---1-iA - /'-- s --, i • June 16, 2006 MERIDIAN CITY COUNCIL MEETING June 22, 2006 APPLICANT ITEM NO. S -P REQUEST Approve / Award Bid for Parks Master Pathway Plan to Alta Planning and Design AGENCY COMMENTS CITY CLERK: See allached 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 properly of the City of Meridian. 0 • Tara Green From: Tammy de Weerd Sent: Wednesday, June 14, 200611:05 PM To: Steve Siddoway; Bill Nary; Tara Green; Sharon Smith; Doug Strong; Keith Watts; Shaun Wardle; Joe Borton; Matthew Ellsworth; Anna Canning; Diane Stewart; Will Berg Subject: RE: June 20 Council AgendwP&Z Contracts these have all been discuss previously and were supported - I would recommend to axing it forward. if Council would like to pull it off for discussion, that is an option. Thanks for the heads up. Will and BID and I will be discussing the agenda here in Lewiston. From: Steve Siddoway Sent: Wed 6/14/2006 3:22 PM To: Bill Nary; Tara Green; Sharon Smith; Doug Strong; Keith Watts; Shaun Wardle; Joe Borton; Matthew Ellsworth; Anna Canning; Tammy de Weerd; huffe@meridiancity.org; Diane Stewart Subject: RE: June 20 Council Agenda/P&Z Contracts The Planning Department has three contracts on the agenda for June 20. Here is a quick update on each. It is important that these contracts receive Council discussion and action on the 20th to keep the projects from being delayed. Ten Mile Interchange Specific Area Plan: This project will become a Comprehensive Plan Amendment, and as such must meet the December 15, 2006 application deadline or it will be delayed until June 2007 (Comp Plan Amendment applications are only accepted twice a year). It includes a land use pian, a transportation element, a market study, and urban design guidelines. Our original schedule included Council action and notice to proceed this week, but since there was no meeting due to lack of quorum, we really need Council action next week. The timeline in the contract is dependent on giving the consultant notice to proceed by June 21. Anna gave the Council an overview of the project at the special workshop last month. 2. Pathways Master Plan: The Planning Dept. is working together with the Parks Dept. to get this project underway. Recent work scope negotiations between city staff and the consultant have shortened their timeframe to produce the project, which is also contingent on a notice to proceed. Delaying action on the contract would in tum delay the timeline and miss some of these ideal weeks of summer weather for field work for the plan, as well as impact the public involvement schedule and push things into/after the holiday season. 3. South Meridian Area Plan: Phase 2 is getting underway to build on the public workshop held in April. The contract is finalized, the Mayor has signed it (ifi is under $501) and it will be an informational item on the Council agenda to keep Council in the loop as to work scope and timefine for this project. Given the time sensitive nature of these contracts I_propose that we keep them on the June 20 agenda If anyone feels strongly that they should be pulled off until July, please let me know. Otherwise, we will have everything to the Clerk by end of day tomorrow for inclusion in the Council packet. Thank you, Steve 6/15/2006 E Memo To: Tara Green CG Sharon Smith Froom: Matt Ellsworth, Associate Planner Date: June 20, 2006 Re: Pathways Contract for Thursday • JUN 2; 2006, Cih Cler-k.0('hcc: Enclosed is the signed contract/scope with suggested changes from yesterday. Please let me know if it looks ok. Thanks, • 1638 NE Davis Street CZ Portland, OR 97232 draqW (503) 230-9862 had (503) 230-9864 fax PL4Mfl1UW+DESIGN www.altaplanning.com TRANSMITTAL Date: 6-15-06 To: Mr. Matt Ellsworth, Associate Planner Meridian Planning Department 660 E. Watertower, Suite 202 Meridian, ID 83642 From: George Hudson -e4Af (-- RE: Pathway Master Plan Contract Enclosed: 2 original signed copies of the contract Via: mail Comments: Insurance certs have been requested and should be forthcoming. I will be out of the office till next Thursday. Should you need anything further during the next week, please call my office and ask for Mike Tressider. Thank -you and look forward to working with you. • AGREEMENT FOR PROFESSIONAL SERVICES 0 THIS AGREEMENT, made this 14'h day of June , 2006, 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 Alta Planning + Design , hereinafter referred to as "CONSULTANT", whose business address is 1638 NE Davis Street; Portland, OR, 97232 1. Scope of Services: CONSULTANT shall perform 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. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on February 1, 2007 unless earlier terminated or extended. 3. 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 properly and losses and expenses caused or incurred by CONSULTANT, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious 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 minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, 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 liability to persons or property. Additionally, CONSULTANT shall maintain Workers Compensation Insurance, in the statutory limits as required by law. 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. 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 Clerk with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. PROFESSIONAL SERVICES AGREEMENT —page 1 of 5 ! 0 4. Independent Contractor: 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. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5. Compensation: CONSULTANT shall be compensated for professional services pursuant to and specified in attached Exhibit "A" and dated June 13, 2006. 6. Method of Payment: CONSULTANT will invoice the City of Meridian Accounting Department at 33 East Idaho Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this Agreement at the end of each month or upon completion of the scope of services. The CITY will pay all invoices within thirty (3 0) days after receipt. 7. 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 Attn: Keith Watts, Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Alta Planning + Design Attn: George Hudson, Project Manager 1638 NE Davis Street Portland, OR 97232 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 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 PROFESSIONAL SERVICES AGREEMENT — page 2 of 5 i 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 discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: 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. 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, 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 PROFESSIONAL SERVICES AGREEMENT — page 3 of 5 0 0 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 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. 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. CONSULTANT Y y- �; IV - ��' PROFESSIONAL SERVICES AGREEMENT — page 4 of 5►-P�.f.�n %wf f5I y�r� Ilt,P, Memo To: Tara Green CC; Sharon Smith From: Matt Ellsworth, Associate Planner Date: June 20, 2006 Re: Pathways Contract for Thursday JUN 00 Enclosed is the signed contract/scope with suggested changes from yesterday. Please let me know if it looks ok. Thanks, 0 • CITY OF MERIDIAN Attest: WILLIAM G. BERG, JR., CITY CLERK PROFESSIONAL SERVICES AGREEMENT — page 5 of 5 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this 14th day of June , 2006, 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 Alta Planning + Design , hereinafter referred to as "CONSULTANT", whose business address is 1638 NE Davis Street; Portland OR. 97232 1. Scope of Services: CONSULTANT shall perform 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. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on February 1, 2007 unless earlier terminated or extended. 3. 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 caused or incurred by CONSULTANT, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious 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 minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, 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 liability to persons or property. Additionally, CONSULTANT shall maintain Workers Compensation Insurance, in the statutory limits as required by law. 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. 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 Clerk with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. PROFESSIONAL SERVICES AGREEMENT —page 1 of 5 s 0 4. Independent Contractor: 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. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5. Compensation: CONSULTANT shall be compensated for professional services pursuant to and specified in attached Exhibit "A" and dated June 13, 2006. 6. Method of Payment: CONSULTANT will invoice the City of Meridian Accounting Department at 33 East Idaho Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this Agreement at the end of each month or upon completion of the scope of services. The CITY will pay all invoices within thirty (30) days after receipt. 7. 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 Attn: Keith Watts, Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Alta Planning + Design Attn: George Hudson, Project Manager 1638 NE Davis Street Portland, OR 97232 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. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 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 PROFESSIONAL SERVICES AGREEMENT —page 2 of 5 .4 shall constitute a breach of, and a default under, this Agreement by the parry 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 discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: 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. 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, 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 PROFESSIONAL SERVICES AGREEMENT — page 3 of 5 CITY OF MERIDIAN Attest: WILLIAM G. BERG, JR., CITY CLERK PROFESSIONAL SERVICES AGREEMENT —page 5 of 5 1638 NE Davis Street 4011111 CM Portland, OR 97232 (503) 230-9862 Apabod (503) 230-9864 fax PWNNim+DESIGN www.altaplanning.com TRANSMITTAL Date: 6-15-06 To: Mr. Matt Ellsworth, Associate Planner Meridian Planning Department 660 E. Watertower, Suite 202 Meridian, ID 83642 From: George Hudson _e4AV— RE: Pathway Master Plan Contract Enclosed: 2 original signed copies of the contract Via: mail Comments: Insurance certs have been requested and should be forthcoming. I will be out of the office till next Thursday. Should you need anything further during the next week, please call my office and ask for Mike Tressider. Thank -you and look forward to working with you. AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this 14'' day of June 1 2006 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 Alta Planning + Desian , hereinafter referred to as "CONSULTANT", whose business address is 1638 NE Davis Street,• Portland OR, 97232 1. Scope of Services: CONSULTANT shall perform 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. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on February 1, 2007 unless earlier terminated or extended. 3. 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 caused or incurred by CONSULTANT, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious 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 minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, 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 liability to persons or .property. Additionally, CONSULTANT shall maintain Workers Compensation Insurance, in the statutory limits as required by law. 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. 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 Clerk with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. PROFESSIONAL SERVICES AGREEMENT — page 1 of 5 4. Independent Contractor: 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. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5. Compensation: CONSULTANT shall be compensated for professional services pursuant to and specified in attached Exhibit "A" and dated June 13, 2006. 6. Method of Payment: CONSULTANT will invoice the City of Meridian Accounting Department at 33 East Idaho Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this Agreement at the end of each month or upon completion of the scope of services. The CITY will pay all invoices within thirty (30) days after receipt. 7. 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 Attn: Keith Watts, Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Alta Planning + Design Attn: George Hudson, Project Manager 1638 NE Davis Street Portland, OR 97232 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 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 PROFESSIONAL SERVICES AGREEMENT — page 2 of 5 0 i 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 discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: 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. 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, 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 PR'OFESSIONA-L' SERVICES'AGREEMENT — page 3 of 5 r 0 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 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. 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. CONSULTANT BY: PROFESSIONAL SERVICES AGREEMENT - page 4 of 5' T��suia %-G+esi�• ; /�G Attest: WILLIAM G. BERG, 0 • CITY OF MERIDIAN \`,`e��tiou►►urr Of rSEAL PROFESSIONAL SERVICES AGREEMENT —page 5 of 5 f/�''C�—/dr�1�2GGsvE �-22 —off • EXHIBIT "A" • Approach to Project CITY OF MERIDIAN MASTER PATHWAY PLAN SCOPE OF WORK Prepared by Alta Planning & Design, Inc. June 13, 2006 Task 1: Planning The Alta team will meet with the City's Project Manager to review City goals and strategies, refine the scope and working objectives, identify available data, establish communication channels with other departments and agencies, review and list required elements and standards, discuss and refine the project goals and objectives, and approve the public outreach scope and schedule. Alta's project manager, George Hudson, will work closely with City staff throughout the process. We will submit monthly status reports detailing progress on specific tasks. Task 1 Products ■ Final detailed execution strategy, and outreach program ■ Monthly status report to accompany invoice ■ Detailed project goals and objectives Task 2: Information Gathering To ensure the project can be completed efficiently, Alta will rely on the City of Meridian for relevant background information, coupled with a comprehensive field inventory of proposed pathways and potential linkages. We believe that the fieldwork will be an extensive component of the project. Through a thorough background data review and our fieldwork, we will identify existing pathways, pathway easements, utility corridors, drainages, irrigation canals, and other opportunities where pathways are needed and can be accommodated. We understand that some trail easement maps will require review on individual plat maps. To complete the plat map review efficiently, we will focus our review efforts on those plats where critical trail links appear needed. Our three-tier process for information gathering is as follows: TIER ONES Data Collection Collect all available data, including relevant local, regional, and State planning documents as noted in RFP, including: ■ City of Meridian Comprehensive Plan, Transportation System Plan and Park & Recreation Plans; ■ City of Meridian planning maps; City Easements and ROW Maps, County and neighboring jurisdictions' trails plans; ■ ID Bike/Ped Plan standards; AASHM trail design guidelines; Boise Parks & Recreation, COMPASS, ITD ■ Work with City to develop one comprehensive base map of existing and proposed pathways. Develop map and database of existing, proposed, and potential pathways for field inventory. 0 0 Approach to Project TIER TWO: Field Inventory Conduct field inventory of proposed and potential pathway corridors, utilizing GPS and photographing and recording all conditions observed in the field. Compare field notes, photographs, and drawings with maps, aerial photos, and other documents to ensure that the base map accurately reflects existing conditions. Information to be field surveyed and mapped: • fisting and planned bikeways, parks, pathway segments, gaps, barriers; Roadway traffic volume, collision ■ Proposed land uses & major developments; environmentally sensitive areas; ESA species ■ Major destinations, access points, schools, parks, commercial centers, historic sites, museums, waterways • Property ownership and easements; Demographic data; Special needs populations that may use the pathways TIER THREE: Data Synthesis & Presentation Synthesize field data and printed data into a user -fn_ 'eT ndly map. Opportunitiesandconstraints will be clearly identified as will the overlap and conflicts between various plans. We will present all Information on large-scale color maps using (a) Arcview, (b) aerial photographs, (c) U.S.G.S. topographic maps supplemented by local mapping, and/or (d) City, County, DOT supplied mapping. We will supplement maps with our field notes and GPS data so that they offer an accurate portrayal of existing and proposed conditions. Task 2 Products ■ Comprehensive base maps of existing and proposed pathways ■ Map and database of existing, proposed and potential pathways for field inventory ■ Field inventory of key destinations, gaps, and proposed and potential pathway corridors ■ Working Paper#1: Existing Conditions and Opportunities & Constraints Report ■ Working Paper#2: Pathway Alignment Options Task 3: Meetings 8t Public Involvement Alta's public process is tailored to build consensus and support for the Pathway Plan. Meetings will be used to present updates and receive feedback as per the direction and strategy of work on the project. The Merl 'an Parks and ecreation Pathwa s and Trails Subcommittee will assist us with providing a solid foundation from which to build the plan. We will meet with this committee regularly, using the committee as a sounding board for input to assure the plan will meet the community's needs. We will attend up to ten stakeholder meetings including the Nampa -Meridian Irrigation District, Settler's Irrigation District, Ada County Highway District, Idaho Transportation Department, adjacent jurisdictions, and with local developers where trail alignments are needed Each of these stakeholders will play a critical role in the recommended pathway alignments and final footprint of the pathway plan. In coordination with City staff, we will plan and facilitate up to two public workshops. We will prepare all necessary presentation materials for these workshops, present the project approach, findings, and recommendations, and record all input received. We are flexible on the approach to these public meetings and will work with the City staff to tailor the meeting format to best achieve the City's objectives. 0 Approach to Project We will make revisions to our draft report based on all input, and prepare presentations for the Planning & Zoning Commission, and the City Council for adoption. Task 3 Products or ■ Public meeting notices, distribution and agendas; presentation materials ■ Meridian Parks and Recreation Pathways and Trails Subcommittee meetings and summaries ■ Up to ten (10) small group stakeholder meetings, with written summaries ■ Two (2) public workshops with materials and summaries Task 4: User Needs Assessment - This Task Deleted in its entirety. Task 5: Findings and Recommendations This task will involve preparing the pathway network recommendations, developing design treatments and best management practices, and assembling a draft and final Master Pathway Plan Update for the City of Meridian. We will explore all alternatives to ensure the best possible alignments from the perspective of the trail user, and considering the following: ■ Pathways and community connections • Roadway crossings ■ Environmental impacts ■ Property impacts and requirements ■ Security, safety, and liability ■ Other considerations, such as cost, crossings, encroachments, accessibility, and public support. Alta will work with the City to prepare a high quality, easily modifiable map with supporting text, graphics, and diagrams as necessary to convey the complete pathway network to the public. The network map will identify each pathway (existing and proposed) by type, locations, and type of street crossings, trailheads, connecting on -street bikeways and walkways, and other features. Alta will also rank recommended im rovements according to a Decision Matrix that will attach weights to specific ranking criteria; this can be used for establishing priority for implementation phasing. Additionally, we will: Develop a Coordination Plan identifying responsible entities for each pathway type and design. standard. ■ Develop clear goals and policies for pathways in Meridian. ■ Provide sample code language for pathway requirements in developments, and suggest needed changes. ■ Identify essential links to complete the system. ■ Develop implementation costs based onproject priorities. ■ Identify proposed funding sources and implementation strategies ■ Provide specific development pathway design sections and standards, for every aspect of the pathway system, including typical trail section's, treatments in environmentally sensitive areas, amenities (benches, lighting, etc.), and intersection crossings. We will review existing City standards for pathway, bike and pedestrian facilities and recommend alternatives to enhance the current standards. 3 0 0 Approach to project Alta will produce a Public Draft Master Pathways Plan. We will meet with staff and stakeholders to review all comments received and discuss with the City how to incorporate changes to the draft. The Final Master Plan will include information generated from all previous tasks and incorporate revisions based on comments and project team input. As part of the Final Master Plan, Alta will index the proposed pathway system and develop a map to facilitate implementation. Task 5 Products v Draft Pathways Master Plan ■ Pathways Master Plan final report, including: — One (1) camera-ready, one (1) electronic, and ten (10) bound copies; — Full-scale copies of all drawings Opeg or other City approved format) and supporting materials, and two (2) unreduced copies of record drawings on 4 -mil Mylar and in Arcview format; Maps and graphics will include connections, trailheads, and development standards — One (1) color presentation board of master plan and supporting materials — Power Point Presentation documenting the Master Planning Process 4 Project Timeline Approach to Project The following is a recommended timeframe to complete the City of Meridian Pathways Master Plan Update. We are flexible in our approach and schedule and can tailor this timeline to meet your specific needs. 2006 Task Sub -Task ^JUL AUt3 SEP OCT NOV DEC JAN FEB Task 1 Planning 11IT-T-T-F— -Milli Task 2 Information Gathering Task 3 Meetings 3.1 Stakeholder Meetings 3.2 Public Workshops * + 3.3 Park Committee Meetings 3.4 Presentation to Planning & Zoning Comm. and City Council Task 4 User Needs Assessment DELETED Task 5 Findings and Recommendations 5.1 Interim Technical and Status reports 5.2 Draft Trails Master Plan 5.3 Final Trails Master Plan and Map Schedule assumes award of contract by July 1, 2006. TOTAL HOURS: 800 ®Task NSub-task rMeeting IlWark Product 0 PROPOSED FEES l__J Approach to Project We propose a base fee of $55,700 to complete the Master Pathway Plan Update. This fee is inclusive of all direct costs and labor necessary to complete the scope of work we have described in our proposed project approach. Staff time allocated to this project effort is estimated at 800 hours. We have broken the fee out by key task areas as described below. Project Management: $3,500 ■ Project management ■ Quality control ■ Client meetings (5) Task 1: Project Planning: $2,255 1.a Kick-off meeting 1.b City tour/overview with client 1.c Final detailed execution strategy and outreach program 1.d Monthly progress reports 1.e Detailed project goals & objectives Task 2• Information Gathering. $13,525 2.a Background document collection & review 2.b Formulate base map 2.c Identify key destinations 2.d Identify existing pathways (GPS field work) 2.e Identify pathway gaps (GPS field work) 2.f Opportunities & constraints map 2.g Potential trail alignment mapping 2.h Alignment evaluation matrix 2.i Working Paper #1 - Existing Conditions/Opportunities & Constraints 2.j Working Paper #2 - Alignment Descriptions Task 3: Meetings & Public Involvement: $8,585 3.a Pathways committee meetings (4) 3.b Stakeholder meetings (10) 3.c Public meetings (2) 3.d Meeting summaries Approach to Project 3.e Prepare council presentation 31 Meeting agendas, presentation materials Task 5: Findings & Recommendations: $18,450 5.a Recommended pathway system 5.b Pathway standards and design elements 5.c Cost estimates & funding sources 5.e Coordination plan, responsible entities 5.f Sample Code Language 5.g Draft Master Pathway Plan 5.h Review input on draft, coordinate changes 51 Final Master Pathway Plan 5.j Final deliverables to City Contingency Task: Engineering Services We have allocated a budget of $9,385 (included in our base fee estimate) for assistance with engineering services from J -U -B Engineering, Inc. This is an allowance because until we have an acquired a better understanding of the pathway engineering issues, it is virtually impossible to put a budget to the engineering services. Based on our past experience, engineering expertise may be required for any specialized pathway structures such as bridges, cantilevered walkways, retaining walls, major cut or fill areas, under crossings of roadways or railways, trail and roadway intersection design, and cost estimating of these engineering related structures. 7 June 16, 2006 MERIDIAN CITY COUNCIL MEETING June 22, 2006 APPLICANT ITEM NO. S -Q REQUEST Approve Contract and Scope of Work for Meridian Youth Baseball Complex with McAlvain Construction AGENCY COMMENTS CITY CLERK: See alfached 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: V v 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. RA=s <v, SWLf tso MAYOR Tammy de Weerd June 7, 2006 EIVED CITY COUNCIL MEMBERS JUN 1 S 2006 Keith Bird McAlvain Construction Inc. l�t� Joseph W. Borton an Charles M. Rountree 5559 West Gowen Rd. City of City Clerk oMerf rice Shaun Wardle Boise, ID 83709 CITY DEPARTMENTS RE: Letter of Intent City Attorney/HR 703 Main Street Gentlemen: 898-5506 (City Attomey) 898 -5503 This letter is to inform you that the Meridian City Council Fax 884-8723723 Fire approved your bid proposal to construct the Meridian Youth 540 E. Franklin Road Baseball Complex at Meridian Settlers Park at their June 6, 2006 888-1234 / fax 895-0390 regular City Council meeting. The bid was approved not to Parks & Recreation exceed $1,969,000 and to include additional value engineering. 11 W. Bower Street Please send your preferred form of contract showing scope of WN -3579 / fax 898-5501 work and cost for work to be completed under this contract. Planning 660 e. Watertower Lane Please contact me with questions at 888-3579. We are excited Suit02 884-5533 / fax 888-6844 to get this project underway and look forward to working with Police you toward the completion of this valuable community asset. 1401 E. Watertower Lane 888-6678 / fax 846-7366 Sincerely, Works 660 E 660 E. Watertower Lane Lg2�/� Suite 200 �`�\\jj[ 898-5500 /fax 895-9551 Douglas Strong, Direct Building 660 E. Watertower Lane Parks and Recreation Department Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 - water Cc: Trace Leighton, M 2235 N.W. 8th street g Meridian Youth Baseball/Softball 888-5242 / fax &44-1159 Erik Holinka, Stock Construction Management Services, Inc CITY FALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHQ 83642 (208) 8884433 CITY CLERK -FAX 8884218 FINANCE & UTILITY BILLING -FAX 8874813 MAYOR'S OFFICE -FAX &94-8119 Printed on recycled Paper NOTICE TO PROCEED TO:— DATE:— CONTRACTOR O:DATE:CONTRACTOR ADDRESS PROJECT: DESCRIPTION: g,374.7 You are hereby notified that the Contract Time for the construct' f commence to run on the � rd OWNER: ion o the abov ATTEST: f/i/s��By- /d By - of Name: WILLIAM BERG Pdi Title: Ice - _ Tith' CITY CLERK day of �s/,//'/I//t177?I 011iiltttt�aty,, - project will 2001! 1p e Tully Skateboard Park 8/01 1 X93 MAYOR Tamni.v dc ',Veerd CITY COUNCH, MMURI.; June 7, 2006 ikcith Bird io�'�eph W. Bortol I McAlvain Construction Inc. Charles Nil. Rountree 5559 West Gowen Rd. sh-'Iurl Wa-dlc Boise, ID 83709 Cn-y DEP-ARTNIrNTS RE: Letter of Intent Otv Attornev HN -O'Main Street Gentlemen: 'sQS-;506 iCi it, A tt,lmov 1 Fa, 884-s.723 This letter is to inform you that the Meridian City Council Fire approved your bid proposal to construct the Meridian Youth ;-14) E. Franklin Road Baseball Complex at Meridian Settlers Park at their June 6, 2006 8 'Q;1 , -12,14, fj\',95-039() regular City Council meeting. The bid was approved not to I'a rk-, & Rccrea licm exceed $1,969,000 and to include additional value engineering. I I W. bowtar Street Please send your preferred form of contract showing scope of 4S5-3-';'9,, fa-,8148-;;01 work and cost for work to be completed under this contract. Pianning bb() E. kViterto-ver Lan,-, Please contact me with questions at 888-3579. We are excited Suite 202 'S4-5-333 , fi-% 888-(,844 to get this project underway and look forward to working with you toward the completion of this valuable community asset. i4ol F. Waturtw,. er 1,3nt, Sincerely, PUbliC lNatertm%er Lille A—' Su i to 200 f:l\ Building Douglas Strong, Direct 6W E. �%aterb lv� cr Lane Parks and Recreation Department Suit(217;0 "7-2211 ' fa,, 887-1207 3,401 N' 1zn bile R''ad S88-21 q I . f a \ A84-C, 714 A*,Acr Cc: Trace Leigh 2215 till. Sth Street ton, Meridian Youth Baseball/Softball 886-,242 ' fax 884-1 I511' Erik Holinka, Stock Construction Management Services, Inc Ctrs- HAIR. 33 EAST 1DA1toAvLNUF MERIDIAN, IDAHO 83642 (208)888-4433 CIFYCLERK -FAX SSS421-S F1NA\CF&. L rjt,t-n B11,1_111\G- FAX K,';74813 MANOR S OFFICL -FAX M*4­11'1:= Pnnted on rtyckd paper i -&-AIA Document A101 TM - 1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the Twelfth day of June in the year of Two Thousand Six (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) City of Meridian This document has important 33 East Idaho Avenue legal consequences. Meridian, ID 86342 Consultation with an attorney Telephone Number: (208)888-4433 is encouraged with respect to Fax Number: (208) 888-4218 its completion or modification. and the Contractor: AIA Document A201-1997, (Name, address and other information) General Conditions of the Contract for Construction, is McAlvain Construction Inc. adopted in this document by reference. Do not use with other 5559 W. Gowen Road general conditions unless this Boise, ID 83709 document is modified. Telephone Number: 208-362-2125 Fax Number: 208-362-4356 This document has been approved and endorsed by The The Project is: Associated General Contractors (Name and location) of America. Meridian Youth Baseball Co lex Meridian Settlers Park The Architect is: (Name, address and other information) CSHOA. a professional association C.W. Moore Plaza. 250 S. 5`5 Street _Boise, ID 83702 Telephone Number: 208-343-4635 Fax Number: 208-343-1858 The Owner and Contractor agree as follows. Init AIA Document A101Tm —1997. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIO Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the 1 / maximum extent possible under the law. This document was produced by AIA software at 18:26:27 on 06/14/2006 under Order No. 1000225079_1 which expires on 3/1/2007, and is not for resale. User Notes: (3868382137) ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) The commencement date will be fixed in a notice to proceed, issued by the Ci1y of Meridian. If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 330 days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work) Portion of Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work) ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One Million Nine Hundred Six -Nine Thousand Dollars and Zero Cents ($ 1 969.000.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) knit AIA Document A101TM —1997. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. Ail rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the 2 / maximum extent possible under the law. This document was produced by AIA software at 18:26:27 on 06/14/2006 under Order No. 1000225079 1 which expires on 3/1/2007, and is not for resale. User Notes: (3868382137) 0 0 § 4.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) 4 4.3.1 In the event the prevailing market price for fuel or any materials required for the Project increases fifteen rcent 15% or more from the date of this Contract to the date on which the fuel or materials arepurchased, the Contract Sum shall be adjusted by change order in the amount equal to such increase in cost for the fuel or materials. ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the AFGhiteet- pwnaz by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the AFd4tec-t Qwner not later than the Twenty-fifth day of a month, the Owner shall makea p yment to the Contractor not later than the Twentieth day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Twen ( ZU days after the AFc#itest-Owner receives the Application for Payment. § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five cent ( 5.D90' )• Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of AIA Document A201-1997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent ( 5.00% ); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for payment as provided in Section 9.5 of AIA Document A201-1997. In(t. AIA Document A101Te —17. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserve® WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the 3 / maximum extent possible under the law. This document was produced by AIA software at 18:26:27 on 06114/2006 under Order No.1000225079_1 which expires on 3/1/2007, and is not for resale. User Notes: (3868382137) 0 • § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-1997. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-1997, and to satisfy other requirements, if any, which extend beyond final payment; and a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 TERMINATION OR SUSPENSION § 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-1997. § 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) Prime Plus Six Percent (6 E )-per --annum (nit AIA Document A101Tu —1997. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The Americana or reproduction or distribution of this AIDocument, or any portion of it, may result In sever Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized A e civil and criminal penalties, and will prosecuted or the 4 / maximum extent possible under the law. This document was produced by AIA software at 18:26:27 on 0225079_1 which expires on 3/1/2007, and is not for resale. 6/14/2006 under Order No.1000 User Notes: (3868382137) 0 (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of thel advice should be obtained with respect to deletions or Project and elsewhere may affect the validity of this provision. Legal modifications, and also regarding requirements such as written disclosures or waivers.) § 7.3 The Owner's representative is: (Name, address and other information) Douglas Strong § 7.4 The Contractor's representative is: (Name, address and other information) Chuck Graves 5559 W. Gowen Road Boise, ID 83709 Telephone Number: 208-362-2125 ext 3005 Fax Number: 208-362-4356 chucka@mcalvain.com § 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 7.6 Other provisions: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS § 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document A101-1997. § 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201-1997. § 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated , and are as follows Document Title pages Bid Package May 15s' 2006 Part 1: Notice/ Instructions to 6 Bid Package Bidders g Part 2: Pro osal Form § 8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Exhibit A• Site Package Technical S cifications listed 06/04 and includes Addendum No. 1 dated September 8 2004 Twe 66=17 ini. AIA Document A101--1997. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967,1974,1977, 1987, 1991 and 1997 by The American Institute of Architects. Ail rights reserved, WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the . 5 / maximum extent possible under the law. This document was produced by AIA software at 18:26:27 on 06/14/2006 under Order No.1000225079_1 which expires on 3/1/2007, and Is not for resale. User Notes: (3868382137) 0 • § 8.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Exhibit B • Project Document List NumbeF T#1e Date § 8.1.6 The Addenda, if any, are as follows: Number Date Pages 1 5/24/2006 1 2 5/30/2006 1 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. § 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201- 1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) This Agreement is entered into as of the day and year first written above and is execuV in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for us the administration of the Contract, and the remain the Owner. it J`�, u u i rtry OF :� "'4('11 (Signature) (Printed name and title) (Printed name and title) ,oq�f;4ed rrtiri to �+�, Inst I"nstitu " ...... "' — "'n� 1i-py,.gnt o 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974,1977, 1987, 1991 and 1997 by The American te of Architects. All rights reserved. WARNING: This Ale Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the 6 / maximum extent possible under the law. This document was produced by AIA software at 18:26:27 on 06/14/2006 under Order No.1000225079 1 which expires on 3/1/2007, and is not for resale. — User Notes: (3868382137) 0 Certification of Document's Authenticity AIA® Document D401 Tm — 2003 I, Amy Tenney, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification at 18:26:27 on 06/14/2006 under Order No. 1000225079_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIAO Document A101TM — 1997 - Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM, as published by the AIA in its software, other than changes shown in the attached final do?nent by underscoring added text and striking over deleted text. �8C�' AAWWlf (Title) (Dated) AIA Document 0401- — 2003. Copyright ©1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:26:27 on 06/14/2006 under Order No. 1000225079_1 which expires on 3/1/2007, and Is not for resale. User Notes: (3868382137) 41 AIA Document A201"-1997 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address): Meridian Youth Baseball Complex Meridian Settlers Park THE OWNER: (Name and address): City of Meridian THE ARCHITECT: (Name and address): _CSHOA. a professional association C.W. Moore Plaza 250 S. Ss' St Boise, ID 83702 TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ADMINISTRATION OF THE CONTRACT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document has been approved and endorsed by The Associated General Contractors of America Init AIA Document A201--1997. Copyright ©1911,1915,1918,1925'1937'1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 18:37:56 on 06/14/2006 under Order No.1 expires on 3/1/2007, and is not for resale. 0002250791 which User Notes: (1507212314) 0 INDEX (Numbers and Topics in Bold are Section Headings) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1,12.1 Accident Prevention 4.2.3, 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 4.3.8, 4.4.1, 8.3. 1, 9.5.1, 10.2.5, 13.4.2, 13.7, 14.1 Addenda 1.1.1, 3.11 Additional Costs, Claims for 4.3.4, 4.3.5, 4.3.6, 6.1.1, 10.3 Additional Inspections and Testing 9.8.3, 12.2.1, 13.5 Additional Time, Claims for 4.3.4, 4.3.7, 8.3.2 ADMINISTRATION OF THE CONTRACT 3.1.3, 4, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13, 4.5.1 Allowances 3.8 All-risk Insurance 11.4.1.1 Applications for Payment 4.2.5, 7.3.8, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7.1, 9.8.5, 9.10, 11.1.3, 14.2.4, 14.4.3 Approvals 2.4, 3.1.3, 3.5, 3.10.2, 3.12, 4.2.7, 9.3.2, 13.4.2, 13.5 Arbitration 4.3.3, 4.4, 4.5.1, 4.5.2, 4.6, 8.3.1, 9.7.1, 11.4.9, 11.4.10 Architect 4.1 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.4, 3.12.7, 4.2, 4.3.6, 4.4, 5.2, 6.3, 7.1.2, 7.3.6, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.8.3, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14.2.4 Architect, Limitations of Authority and Responsibility 2.1.1, 3.3.3, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2. 1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 4.4, 5.2.1, 7.4, 9.4.2, 9.6.4, 9.6.6 Architect's Additional Services and Expenses 2.4, 11.4.1.1, 12.2.1, 13.5.2, 13.5.3, 14.2.4 Architect's Administration of the Contract 0 3.1.3, 4.2, 4.3.4, 4.4, 9.4, 9.5 Architect's Approvals 2.4, 3.1.3, 3.5.1, 3.10.2, 4.2.7 Architect's Authority to Reject Work 3.5.1, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.6 Architect's Decisions 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.3.4, 4.4.1, 4.4.5, 4.4.6, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.5.2, 14.2.2, 14.2.4 Architect's Inspections 4.2.2, 4.2.9, 4.3.4, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5 Architect's Instructions 3.2.3, 3.3.1, 4.2.6, 4.2.7, 4.2.8, 7.4.1, 12.1, 13.5.2 Architect's Interpretations 4.2.11, 4.2.12, 4.3.6 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor 1.1.2, 1.6, 3.1.3, 3.2.1, 3.2.2, 3.2.3, 3.3.1, 3.4.2, 3.5.1, 3.7.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 4.2, 4.3.4, 4.4.1, 4.4.7, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 11.4.7, 12, 13.4.2, 13.5 Architect's Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.4.7 Architect's Representations 9.4.2, 9.5.1, 9.10.1 Architect's Site Visits 4.2.2, 4.2.5, 4.2.9, 4.3.4, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Asbestos 10.3.1 Attorneys' Fees 3.18.1, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1. 1. 1, 1. 1.7, 5.2.1, 11.5.1 Boiler and Machinery Insurance 11.4.2 Bonds, Lien 9.10.2 Bonds, Performance, and Payment 7.3.6.4, 9.6.7, 9.10.3, 11.4.9, 11.5 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion Init AIA Document A201- —1997. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 2 / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order No. 1000225079_1 which expires on 3/1/2007, and is not for resale. User Notes: (235652785) 9.8.3, 9.8.4, 9.8.5 Certificates for Payment 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9. 10. 1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Certificates of Inspection, Testing or Approval 13.5.4 Certificates of Insurance 9.10.2, 11.1.3 Change Orders 1. 1. 1, 2.4.1, 3.4.2, 3.8.2.3, 3.11.1, 3.12.8, 4.2.8, 4.3.4, 4.3.9, 5.2.3, 7.1, 7.2, 7.3, 8.3.1, 9.3.1.1, 9.10.3, 11.4.1.2, 11.4.4, 11.4.9, 12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 3.11, 4.2.8, 7, 8.3.1, 9.3.1.1, 11.4.9 Claim, Definition of 4.3.1 Claims and Disputes 3.2.3, 4.3, 4.4, 4.5, 4.6, 6.1.1, 6.3, 7.3.8, 9.3.3, 9.10.4, 10.3.3 Claims and Timely Assertion of Claims 4.6.5 Claims for Additional Cost 3.2.3, 4.3.4, 4.35, 4.3.6, 6.1.1, 7.3.8, 10.3.2 Claims for Additional Time 3.2.3, 4.3.4, 4.3.7, 6.1.1, 8.3.2, 10.3.2 Claims for Concealed or Unknown Conditions 4.3.4 Claims for Damages 3.2.3, 3.18, 4.3.10, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11-1.1, 11.4.5,11.4.7,14.1.3,14.2.4 Claims Subject to Arbitration 4.4.1, 4.5.1, 4.6.1 Cleaning Up 3.15, 6.3 Commencement of Statutory Limitation Period 13.7 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.1, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 4.3.5, 5.2. 1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.4.1, 11.4.6, 11.5.1 Commencement of the Work, Definition of 8.1.2 Communications Facilitating Contract Administration 3.9.1, 4.2.4 Completion, Conditions Relating to 1.6.1, 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 13.7, 14.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3, 9.10.4.2, 12.2, 13.7 Compliance with Laws 1.6.1, 3.2.2, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 4.4.8, 4.6.4, 4.6.6, 9.6.4, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5. 1, 13.5.2, 13.6, 14.1.1, 14.2.1.3 Concealed or Unknown Conditions 4.3.4, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 1.1.7, 6.1.1, 6.1.4 Consent, Written 1.6, 3.4.2, 3.12.8, 3.14.2, 4.1.2, 4.3.4, 4.6.4, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1,3.12.8,4.2.8,4.3.9,7.1,7.3,9.3.1.1 Construction Schedules, Contractor's 1.4.1.2, 3.10, 3.12.1, 3.12.2, 4.3.7.2, 6.1.3 Contingent Assignment of Subcontracts 5.4,14.2.2.2 Continuing Contract Performance 4.3.3 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 11.4.9, 14 Contract Administration 3.1.3,4,9.4,9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.4.6, 11.5.1 Contract Documents, The 1.1, 1.2 Contract Documents, Copies Furnished and Use of 1.6, 2.2.5, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 3.8, 4.3.4, 4.3.5, 4.4.5, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.4.1, 14.2.4, 14.3.2 Contract Sum, Definition of 9.1 Contract Time 4.3.4, 4.3.7, 4.4.5, 5.2.3, 7.2.1.3, 7.3, 7.4, 8.1.1, 8.2, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor's Construction Schedules 1.4.1.2, 3.10, 3.12.1, 3.12.2, 4.3.7.2, 6.1.3 Contractor's Employees Init. AIA Document A201*m —19 7. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American . WARNING: This AIA Document nstitute of Architects. All ri hts reserved t Is protected by U.S. Copyright Law and international Treaties. Unauthorized production or distribution of this AIO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 3 / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order No.1000225079 1 which expires on 3/1/2007, and is not for resale. User Notes: (235652785) • 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.1.1, 11.4.7, 14.1, 14.2.1.1, Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.4.7, 12.1.2, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9.6.7, 9.10.2, 11.4.1.2, 11.4.7, 11.4.8 Contractor's Relationship with the Architect 1.1.2, 1.6, 3.1.3, 3.2.1, 3.2.2, 3.2.3, 3.3.1, 3.4.2, 3.5.1, 3.7.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 4.2, 4.3.4, 4.4.1, 4.4.7, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 11.4.7, 12, 13.4.2, 13.5 Contractor's Representations 1.5.2, 3.5.1, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.3, 4.3.8, 5.3.1, 6.1.3, 6.2, 6.3, 9.5. 1, 10 Contractor's Review of Contract Documents 1.5.2, 3.2, 3.7.3 Contractor's Right to Stop the Work 9.7 Contractor's Right to Terminate the Contract 4.3.10, 14.1 Contractor's Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.5.2 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 4.3.3, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14 Contractual Liability Insurance 11.1.1.8, 11.2, 11.3 Coordination and Correlation 1.2, 1.5.2, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.6, 2.2.5, 3.11 Copyrights 1.6, 3.17 Correction of Work 2.3, 2.4, 3.7.4, 4.2.1, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 13.7.1.3 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.6 Costs 2.4, 3.2.3, 3.7.4, 3.8.2, 3.15.2, 4.3, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.6, 7.3.7, 7.3.8, 9.10.2, 10.3.2, 10.5, 11.3, 11.4, 12.1, 12.2.1, 12.2.4, 13.5, 14 Cutting and Patching • 6.2.5, 3.14 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 9.2.1.5, 10.2.1.2, 10.2.5, 10.6, 11. 1, 11.4, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.6, 11.4, 12.2.4 Damages, Claims for 3.2.3, 3.18, 4.3.10, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1,11.4.5,11.4.7,14.1.3,14.2.4 Damages for Delay 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.3.4, 4.4.1, 4.4.5, 4.4.6, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.5.2, 14.2.2, 14.2.4 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.3, 2.4, 3.5.1, 4.2.6, 6.2.5, 9.5.1, 9.5.2, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1, 13.7.1.3 Defective Work, Definition of 3.5.1 Definitions 1. 1, 2.1.1, 3.1, 3.5.1, 3.12.1, 3.12.2, 3.12.3, 4. 1. 1, 4.3.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 7.3.6, 8.1, 9.1, 9.8.1 Delays and Extensions of Time 3.2.3, 4.3.1, 4.3.4, 4.3.7, 4.4.5, 5.2.3, 7.2.1, 7.3.1, 7.4.1, 8.3, 9.5.1, 9.7.1, 10.3.2, 10.6.1, 14.3.2 Disputes 4.1.4, 4.3, 4.4, 4.5, 4.6, 6.3, 7.3.8 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 1.1.1, 1.3, 2.2.5, 3.11, 5.3 Effective Date of Insurance 8.2.2, 11.1.2 Emergencies 4.3.5, 10.6, 14.1.1.2 Employees, Contractor's 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.1.1, 11.4.7, 14.1, 14.2.1.1 Equipment, Labor, Materials and 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3.12, 3.13, 3.15. 1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 Execution and Progress of the Work Init. AIA Document A2o1TM —1997. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 4 / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order No.1000225079_1 which expires on 3/1/2007, and is not for resale. User Notes: (235652785) 1. 1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3, 3.4, 3.5, 3.7, 3.10, 3.12, 3.14, 4.2.2, 4.2.3, 4.3.3, 6.2.2, 7.1.3, 7.3.4, 8.2, 9.5, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3 Extensions of Time 3.2.3, 4.3.1, 4.3.4, 4.3.7, 4.4.5, 5.2.3, 7.2.1, 7.3, 7.4.1, 9.5.1, 9.7.1, 10.3.2, 10.6.1, 14.3.2 Failure of Payment 4.3.6, 9.5.1.3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2, 13.6 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 4.3.2, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 11.4.5, 12.3.1, 13.7, 14.2.4, 14.4.3 Financial Arrangements, Owner's 2.2.1, 13.2.2, 14.1.1.5 Fire and Extended Coverage Insurance 11.4 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials 10.2.4,10.3, 10.5 Identification of Contract Documents 1.5.1 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.10.2, 10.3.3, 10.5, 11.4.1.2, 11.4.7 Information and Services Required of the Owner 2.1.2, 2.2, 3.2.1, 3.12.4, 3.12.10, 4.2.7, 4.3.3, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.4, 13.5.1, 13.5.2, 14.1.1.4, 14.1.4 Nury or Damage to Person or Property 4.3.8,10.2,10.6 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.5 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.3, 3.3.1, 3.8.1, 4.2.8, 5.2.1, 7, 12,8.2.2, 13.5.2 Insurance 3.18.1, 6.1.1, 7.3.6, 8.2.1, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 9.10.5, 11 Insurance, Boiler and Machinery 11.4.2 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 11.1.2 Insurance, Loss of Use 11.4.3 Insurance, Owner's Liability 11.2 0 Insurance, Project Management Protective Liability 11.3 Insurance, Property 10.2.5,11.4 Insurance, Stored Materials 9.3.2, 11.4.1.4 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9-1,11.4.1.5 Insurance Companies, Settlement with 11.4.10 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13, 7.4 Interest 13.6 Interpretation 1.2.3, 1.4, 4.1.1, 4.3.1, 5.1, 6.1.2, 8.1.4 Interpretations, Written 4.2.11, 4.2.12, 4.3.6 Joinder and Consolidation of Claims Required 4.6.4 Judgment on Final Award 4.6.6 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 42.6, 4.2.7, 5.2.1, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.6, 3.2.2, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 4.4.8, 4.6, 9.6.4, 9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4,13.5.1, 13.5.2, 13.6, 14 Liens 2.1.2, 4.4.8, 8.2.2, 9.3.3, 9. 10 Limitation on Consolidation or Joinder 4.6.4 Limitations, Statutes of 4.6.3, 12.2.6, 13.7 Limitations of Liability 2.3, 3.2.1, 3.5.1, 3.7.3, 3.12.8, 3.12.10, 3.17, 3.18, 4.2.6, 4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.10.4, 10.3.3, 10.2.5, 11.1.2, 11.2.1, 11.4.7, 12.2.5, 13.4.2 Limitations of Time 2.1.2, 2.2, 2.4, 3.2.1, 3.7.3, 3.10, 3.11, 3.12.5, 3.15. 1, 4.2.7, 4.3, 4.4, 4.5, 4.6, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, 13.7, 14 Loss of Use Insurance 11.4.3 Material Suppliers 1.6, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5 Materials, Hazardous 10.2.4, 10.3, 10.5 Inst AIA Document A201--1997. Copyright ©1911, 1915,1918,1925'1937,1951,1958,1981,1963,1966,1970,1976,1987 915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the 5 / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order No.1000225079_1 which expires on 3/1/2007, and is not for resale. User Notes: (235652785) • Materials, Labor, Equipment and 1.1.3, 1.1.6, 1.6.1, 3.4, 3.5.1, 3.8.2, 3.8.23, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic's Lien 4.4.8 Mediation 4.4.1, 4.4.5, 4.4.6, 4.4.8, 4.5, 4.6.1, 4.6.2, 8.3.1, 10.5 Minor Changes in the Work 1. 1. 1, 3.12.8, 4.2.8, 4.3.6, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1. 1.2, 3.7.3, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2, 11.4.1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3,12.3 Nonconforming Work, Rejection and Correction of 2.3, 2.4, 3.5.1, 4.2.6, 6.2.5, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2.1, 13.7.1.3 Notice 2.2.1, 2.3, 2.4, 3.2.3, 3.3.1, 3.7.2, 3.7.4, 3.12.9, 4.3, 4.4.8, 4.6.5, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 11.1.3, 11.4.6, 12.2.2, 12.2.4, 13.3, 13.5.1, 13.5.2, 14.1, 14.2 Notice, Written 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 4.3, 4.4.8, 4.6.5, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.4.6, 12.2.2, 12.2.4, 13.3, 14 Notice of Testing and Inspections 13.5.1, 13.5.2 Notice to Proceed 8.2.2 Notices, Permits, Fees and 2.2.2, 3.7, 3.13, 7.3.6.4, 10.2.2 Observations, Contractor's 1.5.2, 3.2, 3.7.3, 4.3.4 Occupancy 2.2.2, 9.6.6, 9.8, 11.4.1.5 Orders, Written 1.1.1, 2.3, 3.9, 4.3.6, 7, 8.2.2, 11.4.9, 12.1, 12.2, 13.5.2, 14.3.1 OWNER 2 Owner, Definition of 2.1 Owner, Information and Services Required of the 2.1.2, 2.2, 3.2.1, 3.12.4, 3.12.10, 4.2.7, 4.3.3, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2,11.4,13.5.1,13.5.2,14.1.1.4,14.1.4 Owner's Authority 1.6, 2.1.1, 2.3, 2.4, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.1.3, 4.2.4, 4.2.9, 4.3.6, 4.4.7, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9.9.1,9.10.2, 10.3.2,11.1.3,11.3.1,11.4.3,11.4.10, 12.2.2, 12.3.1, 13.2.2, 14.3, 14.4 Owner's Financial Capability 2.2.1, 13.2.2, 14.1.1.5 Owner's Liability Insurance 11.2 Owner's Loss of Use Insurance 11.4.3 Owner's Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2.4,12.2.4.14.2.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.3 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1,1.6,2.2.5,3.2.1,3.11.1,3.17.1,4.2.12,5.3 Partial Occupancy or Use 9.6.6, 9.9, 11.4.1.5 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.8, 9.2, 9.3, 9.4, 9.5.1, 9.6.3, 9.7.1, 9.8.5, 9.10.1, 9.10.3, 9.10.5, 11.1.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9. 10. 1, 9.10.3, 13.7, 14.1.1.3, 14.2.4 Payment, Failure of 4.3.6, 9.5.1.3, 9.7, 9.10.2, 14.1.1.3, 14.2.1.2, 13.6 Payment, Final 4.2.1, 4.2.9, 4.3.2, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 11.4.5, 12.3.1, 13.7, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.6.4, 9.6.7, 9.10.3, 11.4.9, 11.5 Payments, Progress 4.3.3, 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 11.4.8, 14.2.1.2 PCB 10.3.1 Init AIA Document A201--1997. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the s / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order No.1 III be 0 se which expires on 3/1/2007, and is not for resale. User Notes: (235652785) C� Performance Bond and Payment Bond 7.3.6.4, 9.6.7, 9.10.3, 11.4.9, 11.5 Permits, Fees and Notices 2.2.2, 3.7, 3.13, 7.3.6.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 4.3.3, 8.2, 9.8, 9.9.1, 14.1.4 Progress Payments 4.3.3, 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3 Project, Definition of the 1.1.4 Project Management Protective Liability Insurance 11.3 Project Manual, Definition of the 1.1.7 Project Manuals 2.2.5 Project Representatives 4.2.10 Property Insurance 10.2.5,11.4 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.6, 3.2.2, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 4.4.8, 4.6, 9.6.4, 9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4,13.5.1, 13.5.2, 13.6, 14 Rejection of Work 3.5.1, 4.2.6, 12.2.1 Releases and Waivers of Liens 9.10.2 Representations 1.5.2, 3.5.1, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.8.2, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Resolution of Claims and Disputes 4.4, 4.5, 4.6 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.3, 4.3.8, 5.3.1, 6.1.3, 6.2, 6.3, 9.5. 1, 10 Retainage 9.3.1,9.6.2,9.8.5,9.9.1,9.10.2,9.10.3 Review of Contract Documents and Field Conditions by Contractor 1.5.2, 3.2, 3.7.3, 3.12.7, 6.1.3 Review of Contractor's Submittals by Owner and Architect 3.10.1,3.10.2,3.11,3.12,4.2,5.2,6.1.3,9.2,9:8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1. 1.2, 2.3, 2.4, 3.5.1, 3.15.2, 4.2.6, 4.3.4, 4.5, 4.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 4.6.2 Safety of Persons and Property 10.2,10.6 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3.1, 10.1, 10.2, 10.6 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, 1.4.1.2, 3.10, 3.Construction12.1, 3.12.2, 4.3.7.2, 6.1.3 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 4.6.4, 6, 8.3.1, 11.4.7, 12.1.2, 12.2.5 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 1.2.2, 3.2.1, 3.3.3, 3.7.1, 4.2, 4.3.4, 9.4.2, 9.10.1, 13.5 Site Visits, Architect's 4.2.2, 4.2.9, 4.3.4, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing 4.2.6, 12.2.1, 13.5 Specifications, Definition of the 1.1.6 Specifications, The 1.1.1, 1.1.6, 1.1.7, 1.2.2, 1.6, 3.11, 3.12.10, 3.17 Statute of Limitations 4.6.3, 12.2.6, 13.7 Stopping the Work 2.3, 4.3.6, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4, 11.4.1.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS hilt AIA Document A2017m —1997. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976,1987 and 1997 by The American Institute of Architects. All rights reserve® WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA Document, or any portion of It, may result in severe civil and criminal Law penalties, and will a prosecuted or the / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order and will be prosecuted which expires on 3/1/2007, and is not for resale. User Notes: (235652785) • 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10 10.2.1, 11.4.7, 11.4.8, 14.1, 14.2.1, 14.3.2 Submittals 1.6, 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.6, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 Subrogation, Waivers of 6.1.1, 11.4.5,11.4.7 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 9.10.4.2, 12.2, 13.7 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 4.1.3 Substitutions of Materials 3.4.2, 3.5.1, 7.3.7 Sub -subcontractor, Definition of 5.1.2 Subsurface Conditions 4.3.4 Successors and Assigns 13.2 Superintendent 3.9,10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 4.3.3, 6.1.3, 6.2.4, 7.1.3, 7.3.6, 8.2, 8.3.1, 9.4.2, 10, 12, 14 Surety 4.4.7, 5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2 Surety, Consent of 9.10.2, 9.10.3 Surveys 2.2.3 Suspension by the Owner for Convenience 14.4 Suspension of the Work 5.4.2, 14.3 Suspension or Termination of the Contract 4.3.6, 5.4.1.1, 11.4.9, 14 Taxes 3.6, 3.8.2.1, 7.3.6.4 Termination by the Contractor 4.3.10,14.1 Termination by the Owner for Cause 4.3.10, 5.4.1.1, 14.2 Termination of the Architect 4.1.3 Termination of the Contractor 14.2.2 1---] TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 11.4.1.1, 12.2.1,13.5 TIME 8 Time, Delays and Extensions of 3.2.3, 4.3.1, 4.3.4, 4.3.7, 4.4.5, 5.2.3, 7.2.1, 7.3.1, 7.4.1, 8.3, 9.5.1, 9.7.1, 10.3.2, 10.6.1, 14.3.2 Time Limits 2.1.2, 2.2, 2.4, 3.2.1, 3.7.3, 3.10, 3.11, 3.12.5, 3.15. 1, 4.2, 4.3, 4.4, 4.5, 4.6, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.4.1.5, 11.4.6, 11.4.10, 12.2, 13.5, 13.7, 14 Time Limits on Claims 4.3.2, 4.3.4, 4.3.8, 4.4, 4.5, 4.6 Title to Work 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions 4.3.4, 8.3.1, 10.3 Unit Prices 4.3.9, 7.3.3.2 Use of Documents 1.1.1, 1.6,2.2.5,3.12.6,5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.4.2 Waiver of Claims by the Contractor 4.3.10, 9.10.5, 11.4.7, 13.4.2 Waiver of Claims by the Owner 4.3.10, 9.9.3, 9.10.3, 9.10.4, 11.4.3, 11.4.5, 11.4.7, 12.2.2.1, 13.4.2, 14.2.4 Waiver of Consequential Damages 4.3.10,14.2.4 Waiver of Liens 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.4.5, 11A.7 Warranty 35, 4.2.9, 4.35.3, 9.3.3, 9.8.4, 9.9.1, 9.10.4,12.2.2, 13.7.1.3 Weather Delays 4.3.7.2 Work, Definition of 1.1.3 Written Consent )nit. AIA Document A201- —1997. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by A Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by UThe merican .$. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this Ale Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the 8 / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006under Order No. 1000225079_1 which expires on 3/1/2007, and Is not for resale. User Notes: (235652785) 9 1.6, 3.4.2, 3.12.8, 3.14.2, 4.1.2, 4.3.4, 4.6.4, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2 Written Interpretations 4.2.11, 4.2.12, 4.3.6 Written Notice 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 4.3, 4.4.8, 4.6.5, 5.2.1, 8.2.2, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 11.4.6, 12.2.2, 12.2.4, 13.3, 14 Written Orders 1.1.1, 2.3, 3.9, 4.3.6, 7, 8.2.2, 11.4.9, 12.1, 12.2, 13.5.2, 14.3.1 InIL AIA Document A201TM —1997. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the 9 / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order No. 1000225079_1 which expires on 3/1/2007, and is not for resale. User Notes: (235652785) ARTICLE 1 GENERAL PROVISIONS § 1.1 BASIC DEFINITIONS § 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or portions of Addenda relating to bidding requirements). § 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and Contractor, (2) between the Owner and a Subcontractor or Sub -subcontractor, (3) between the Owner and Architect or (4) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. § 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. § 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. § 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 THE PROJECT MANUAL The Project Manual is a volume assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. § 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. Init AIA Document A201--1997. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the 1 / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order No. 1000225079_1 expires on 3/1/2007, and is not for resale. which User Notes: (235652785) § 1.3 CAPITALIZATION § 1.3.1 Terms capitalized in these General Conditions include those which are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. § 1.4 INTERPRETATION § 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 EXECUTION OF CONTRACT DOCUMENTS § 1.5.1 The Contract Documents shall be signed by the Owner and Contractor. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Documents upon request. § 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 1.6 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 1.6.1 The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service through which the Work to be executed by the Contractor is described. The Contractor may retain one record set. Neither the Contractor nor any Subcontractor, Sub -subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect or the Architect's consultants, and unless otherwise indicated the Architect and the Architect's consultants shall be deemed the authors of them and will retain all common law, statutory and other reserved rights, in addition to the copyrights. All copies of Instruments of Service, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub -subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. The Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' copyrights or other reserved rights. ARTICLE 2 OWNER § 2.1 GENERAL § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 The Owner shall, at the written request of the Contractor, prior to commencement of the Work and thereafter, furnish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. Furnishing of such evidence shall be a condition precedent to commencement or Init AIA Document A201-_1997. Copyright 01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the 11 / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order No.10002250791 which expires on 3/1/2007, and is not for resale. _ User Notes: (235652785) 0 continuation of the Work. After such evidence has been furnished, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.2 Except for permits and fees, including those required under Section 3.7.1, which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.2.4 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness. Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. § 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. § 2.3 OWNER'S RIGHT TO STOP THE WORK § 2.3.1 If the Contractor fails to correct Work which is. not in accordance with the requirements of the Contract Documents as required by Section 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK § 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a three-day period. If the Contractor within such three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR § 3.1 GENERAL § 3.1 .1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractor's authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. § 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 3.2.1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the alit—U111V111 PL4V I ,m —1Wf. t;opyngnt v 1911, 1915, 1918, ®925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 12 / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order No.1000225079 1 which expires on 3/1 /2007, and is not for resale. — User Notes: (235652785) Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Architect as a request for information in such form as the Architect may require. § 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, but any nonconformity discovered by or made known to the Contractor shall be reported promptly to the Architect. § 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Architect in response to the Contractor's notices or requests for information pursuant to Sections 3.2.1 and 3.2.2, the Contractor shall make Claims as provided in Sections 4.3.6 and 4.3.7. If the Contractor fails to perform the obligations of Sections 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error, inconsistency, omission or difference and knowingly failed to report it to the Architect. § 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions fromthe Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any resulting loss or damage. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.4 LABOR AND MATERIALS § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 The Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. Inst. AIA Document A201- —1997. Copyright ©1911, 1915,1918, ®925, 1937, 1951, 1958, 1961, 1963,1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the 1 S / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order No. 1000225079_1 which expires on 3!1/2007, and is not for resale. User Notes: (235652785) § 3.5 WARRANTY § 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.6 TAXES § 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.7 PERMITS, FEES AND NOTICES § 3.7.1 Unless otherwise provided in the Contract Documents, the Eea#aeterOwner shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. § 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.8 ALLOWANCES § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents: .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner in sufficient time to avoid delay in the Work. 13,1 SUPERINTENDENT § 3.9.1 The Contractor shall employ a competent sup fideRt-Superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The sup adea project Mana ear shall represent the Contractor, and communications given to the supper de$t-project Mana er shall be as binding as if �n� AIA Document A201TM —1997. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be p Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized rosecuted to the 14 / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order No. 1000225079_1 which expires on 3/1/2007, and is not for resale. User Notes: (235652785) given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. The Project Manager shall be Jeremy Walken § 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES § 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. § 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.11 DOCUMENTS AND SAMPLES AT THE SITE § 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record field changes and selections made during construction, and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work. § 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES § 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required by the Contract Documents the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for gmeral compliance with the Contract Documents, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for gmeral compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. § 3.12.6 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor and its Subcontractors represents that the Contractor and its Subcontractors has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. Inst AIA Document A201TM —1997. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the 5 / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order No.1 III be0002250791sec which expires on 3/1/2007, and is not for resale. User Notes: (235652785) § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof. § 3.12.9 The Contractor and its Subcontractors shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice the Architect's approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. § 3.13 USE OF SITE § 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.14 CUTTING AND PATCHING § 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together pregey properly. as reasonably consistent with the requirements or information of the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. § 3.15 CLEANING UP § 3.15.1 The Contractor shall keep the premises and surrounding area free from unreasonable accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. Init AIA Document A201 Tm —1997. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Trestles. Unauthorized maximum extent possible under the law. This document was produced by AW software at 18:29:14 on 06/14/2006 under Order No.1000225079 reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the 16 / _1 which expires on 3/1/2007, and is not for resale. User Notes: (235652785) r -I L r� u § 3.16 ACCESS TO WORK § 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. § 3.17 ROYALTIES, PATENTS AND COPYRIGHTS § 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. § 3.18 INDEMNIFICATION § 3.18.1 To the fullest extent permitted by law and to the extent claims, damages, losses or expenses are not covered by Project Management Protective Liability insurance purchased by the Contractor in accordance with Section 11.3, the Contractor shall indemnify and hold harmless the Owner, ; _ t ^ �-'�Vs Geasuhank,, am] -agents and employees ef-any-of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 4 ADMINISTRATION OF THE CONTRACT § 4.1 ARCHITECT § 4.1 .1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. § 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. § 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a new Architect against whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the former Architect. § 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be an Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the one-year period for correction of Work described in Section 12.2. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. § 4.2.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations (1) to become generally familiar with and to keep the Owner informed about the progress Inft AIA Document A201 Tm —1997. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the 17 / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order No.1000225079_1 which expires on 3/1/2007, and is not for resale. User Notes: (235652785) 0 • and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1. § 4.2.3 The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. § 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect will have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate revie—review, and agrees that parties shall endeavor to complete review within 14 days Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor or its Subcontractors as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor or its Subcontractors of the obligations under Sections 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Section 7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. Init. AIA Document A201TM —1997. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963,1966, 1970, 1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 8 / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order N expires on 3/1/2007, and is not for resale. o.10002250791 which User Notes: (235652785) 0 . § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. § 4.2.11 The Architect will interpret and decide matters concerning performance under and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in compliance with this Section 4.2, then delay shall not be recognized on account of failure by the Architect to furnish such interpretations until 15 days after written request is made for them § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. YMesse" the ceatwt poeuments..- § 4.3 CLAIMS AND DISPUTES § 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. Claims must be initiated by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim § 4.3.2 Time Limits on Claims. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated by written notice to the Architect and the other party. § 4.3.3 Continuing Contract Performance. Pending final resolution of a Claim except as otherwise agreed in writing or as provided in Section 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. § 4.3.4 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the conditions encountered are materially different, the Contract Sum and Contract Time shall be equitably adjusted, but if the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial determination, subject to further proceedings pursuant to Section 4.4. § 4.3.5 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.6. § 4.3.6 If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, inn AIA Document A2017m —1997. Copyright ©1911,1915,1918, 1925, 1937, 1951, 1958, 1961,1963, 1966,1970, 1976,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the 9 / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order No.1000225079 1 which expires on 3/1/2007, and Is not for resale. — User Notes: (235652785) i 0 (3) a written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with this Section 4.3. § 4.3.7 Claims for Additional Time § 4.3.7.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. § 4.3.7.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. § 4.3.8 Injury or Damage to Person or Property. If either party to the Contract suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 4.3.9 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 4.3.10 Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes: .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 14. Nothing contained in this Section 4.3.10 shall be deemed to preclude an award of liquidated t-nOn-consequential damages, when applicable, in accordance with the requirements of the Contract Documents. § 4.4 RESOLUTION OF CLAIMS AND DISPUTES § 4.4.1 Decision of Architect. Claims, including those alleging an error or omission by the Architect but excluding those arising under Sections 10.3 through 10.5, shall be referred initially to the Architect for decision. An initial decision by the Architect shall be required as a condition precedent to mediation, arbitration or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Architect with no decision having been rendered by the Architect. The Architect will not decide disputes between the Contractor and persons or entities other than the Owner. § 4.4.2 The Architect will review Claims and within ten days of the receipt of the Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Architect is unable to resolve the Claim if the Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect concludes that, in the Architect's sole discretion, it would be inappropriate for the Architect to resolve the Claim § 4.4.3 In evaluating Claims, the Architect may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Architect in rendering a decision. The Architect may request the Owner to authorize retention of such persons at the Owner's expense. inn. AIA Document A201--1997. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the 20 / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order No.10002250791 which expires on 3/1/2007, and is not for resale. _ User Notes: (235652785) § 4.4.4 If the Architect requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either provide a response on the requested supporting data, advise the Architect when the response or supporting data will be furnished or advise the Architect that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Architect will either reject or approve the Claim in whole or in part. § 4.4.5 The Architect will approve or reject Claims by written deeisien-,- recommendation to the Owner which shall state the reasons therefor and which shall notify the parties of any change in the Contract Sum or Contract Time or both.leet shall be final anti I—A:-IteHwIffiagon and 41 it a days'%4tlfin said 30 ms the f f period shag F"t in the Vs deeision' ar-b4ation COMFaStOrr. If 11 aftef, Pon the OvaieF-affd f eeneefffed. § 4.4.7 Upon receipt of a Claim against the Contractor or at any time thereafter, the Architect or the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Architect or the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 4.4.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the Claim by the FGW4ee ,.<. a'afiea-Architect or by mediation. § 4.5 MEDIATION § 4.5.1 Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and except those waived as provided for in Sections 4.3.10, 9.10.4 and 9.10.5 shall, after initial decision by the Architect or 30 days after submission of the Claim to the Architect, be subject to mediation as a condition precedent to a atlea-er• the institution of legal or equitable proceedings by either party. fef arb4ation but., in . sueh . event;; -e&afieff shall pfee d in advanGe of arb fien or legal of -equitable Y._ Y � brit AIA Document A201TM —1997. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 21 J maximum extent possible under the law. This document was produced by AIA software at 18,29:14 on 06/14/2006 under Order No. 1000225079 1 which expires on 3/1/2007, and is not for resale. User Notes: (235652785) I_ A of or- matift J thei:�Vlshitee� the Are per -sons substantially ifivelved in inelod intefes ar duly Go mente d to by pal:des _1J_ ha -An. jwfisdiefien V F 4.5.2 The parties agree that the forum for any suit or action between the parties arising from or related to this Agreement will be in the United States Distract Court for the District of Idaho The parties agree that said Court has jurisdiction of all matters between them which may arise from this Agreement The parties further agree that they will submit any dispute between them to mediation as soon as they each in good faith believe that mediation may be successful but no later than four months before any scheduled teal of the dim uted matters. Parties will work together in good faith to agree on a single mediator. In the event they cannot agree a mediator will be appointed by the Court. § 4.6.5 Glaims and ARTICLE 5 SUBCONTRACTORS § 5.1 DEFINITIONS § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. § 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub - subcontractor. § 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect will promptly reply to the Contractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. Inst All Document A201- —1997. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will a prosecuted or the / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order and will be prosecuted 1 which 22 expires on 3/1/2007, and is not for resale. User Notes: (235652785) aftff the date Wh a ifistitugen of le ill or- equitable a. a preeleedings based GH sueh Ghtim would be bffF&Pff4he 33-8 de I_ A of or- matift J thei:�Vlshitee� the Are per -sons substantially ifivelved in inelod intefes ar duly Go mente d to by pal:des _1J_ ha -An. jwfisdiefien V F 4.5.2 The parties agree that the forum for any suit or action between the parties arising from or related to this Agreement will be in the United States Distract Court for the District of Idaho The parties agree that said Court has jurisdiction of all matters between them which may arise from this Agreement The parties further agree that they will submit any dispute between them to mediation as soon as they each in good faith believe that mediation may be successful but no later than four months before any scheduled teal of the dim uted matters. Parties will work together in good faith to agree on a single mediator. In the event they cannot agree a mediator will be appointed by the Court. § 4.6.5 Glaims and ARTICLE 5 SUBCONTRACTORS § 5.1 DEFINITIONS § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. § 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub - subcontractor. § 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect will promptly reply to the Contractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. Inst All Document A201- —1997. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will a prosecuted or the / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order and will be prosecuted 1 which 22 expires on 3/1/2007, and is not for resale. User Notes: (235652785) Ceatmetef shall propose anether se VAGER the 01A —entr�l le. Sum or- Gon#aet T4nle shall be 14owed atn�iahmitti�n � a 5.2.3 If a specific bidder � those whose bids are delivered by the Contractor to the Architect (1) is recommended to the Owner bV the Contractor 2I is ualified to perform thatortion of the Work; and 3 has submitted a bid that the Contractor deems acce table and conforms to the r uirement of the Contract Documents but the Owner requires that another bid be accepted then the Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the 12erson or entity recommended to the Owner by the Contractor and the amount of the subcontract of other agreement actually signed with the person or entity designated by the Owner. § 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitute. § 5.3 SUBCONTRACTUAL RELATIONS § 5.3.1 By appropriate written agreement, wFitten whefe legaRy required wilidi , e Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such , Centrostor- that the .o i7....4......a T____"'__. f i ■ ' l , n._ghts. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subeeraete�,Subcontractor for reviewprior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon bound. § 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. 5.4.3 UDon such assignment. the Owner shall indemnify Contractor against any and all claims of Subcontractors whose contracts have been assigned to the Owner. arising form the actions or omissions of the Owner after the date the Owner accepts assignment of the subcontracts ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those Init AIA Document A201- —1997. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the 23 / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order N_ expires on 3/1/2007, and is not for resale. o.1000225079i which User Notes: (235652785) portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Section 4.3. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term ""^s�;""Contractor", as applicable in the Contract Documents in each case shall mean the Contractor who executes each separate Owner -Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. 80114MOtGES and the Owner unQ subsequently feAse& § 6.1 A Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. § 6.2 MUTUAL RESPONSIBILITY § 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent -discrepancies or defects defects, discoveredafter reasonable diligence in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. § 6.2.3 The Owner shall he reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work or defective construction of a separate contractor. § 6.2.4 The Contractor shall promptly remedy damage vffeagMy-caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. § 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. 163 OWNER'S RIGHT TO CLEAN UP § 6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will reasonably allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 GENERAL § 7.1 .1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1,2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. Init AIA Document A201--1997. Copyright ©1911, 1915, 1918, ®925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 24 / maximum extent possible under the law. This document was produced by AW software at 18:29:14 on 06/14/2006 under Order No. 1000225079 1 which expires on 3/1 /2007, and is not for resale. _ User Notes: (235652785) 0 • § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. § 7.2 CHANGE ORDERS § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 change in the Work; .2 the amount of the adjustment, if any, in the Contract Sum; and .3 the extent of the adjustment, if any, in the Contract Time. § 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Section 7.3.3. § 7.3 CONSTRUCTION CHANGE DIRECTIVES § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Section 7.3.6. § 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, prised stated in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time, provided that such disagreement only pertains to the method of proposed adjustment and not Contractor's entitlement to an adjustment § 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for determining them Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.6 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Architect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.6 shall be include all Costs l� ' eensu f hand tool " « ` a fi the Work as Mr Article 7 Init AIA Document A201 TM —1997. Copyright ©1911, 1915, 1918, ®925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 25 / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order No. 1000225079_1 which expires on 3/1/2007, and Is not for resale. User Notes: (235652785) 0 • :4--tests-of pfefflitiffm fef all beads affd iffaufaffee, of ffi•..a , use OF —Wed to the Agreement. � ' § 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be astunl-the estimated net cost reduction as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the ase-€eF ever -head and grit -adjustment shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.8 Pending final determination of the total cost of a Construction Change Directive to the Owner, dispate-the Cost of the Work for such changes in the Work shall be included in Applications for Payment yment and, if 4 licable, accompanied by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Architect will make an interim determination for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a claim in accordance with Article 4. § 7.3.9 When the Owner and Contractor agree with the determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. § 7.4 MINOR CHANGES IN THE WORK § 7.4.1 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME § 8.1 DEFINITIONS § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 PROGRESS AND COMPLETION § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. Unless the date of commencement is established by the Contract Documents or a notice to proceed given by the Owner, the Contractor shall notify the Owner in writing not less than five days or other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. Init 'mi. Lropyngnt U 1911, 1915, 1918, ®925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 26 reproduction or distribution of this AIA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/1412006 under Order No.1000225079 1 which expires on 3/1/2007, and is not for resale. — User Notes: (235652785) 0 • § 8.3 DELAYS AND EXTENSIONS OF TIME § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, war, terrorism, fire, unusual delay in deliveries, or other similar unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending mediation and arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall be eguitablyajusted and extended by Change Order for such reasonable time and amounts directly relatingthereto as the Architect or Owner may determine. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Section 4.3. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 CONTRACT SUM § 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.2 SCHEDULE OF VALUES § 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 9.3 APPLICATIONS FOR PAYMENT § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment for operations completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may have reasonably required -such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.8, such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Such applications may not include requests for payment for portions of the Work for which the Contractor does not intend to pay to a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner set forth in the Contract Documents to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered b Application for Y an PP Payment will pass to the Owner no Hater than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. lnit. AIA Document A201 TM —1997. Copyright m 1911, 1915, 1918, ®925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 27 / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order No.1000225079_1 which expires on 3/1/2007, and is not for resale. User Notes: (235652785) 0 0 § 9.4 CERTIFICATES FOR PAYMENT § 9.4.1 The Architect will, in accordance with procedures mutually agreed to with the Owner Architect and Contractor, after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on- site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 DECISIONS TO WITHHOLD CERTIFICATION § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of: .1 defective Work not remedied; .2 Uninsured third party claims filed for which the Contractor is solely responsible pursuant to the Contract Documents .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; um where the extent of overrun is in an amount greater than the amount of any retention held by the Owner; .5 Uninsured damage to the Owner or another eentFw1er;contractor for which the Contractor is responsible pursuant to the Contract Documents .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.6 PROGRESS PAYMENTS § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. § 9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Inst mu. u,nnm rtau i .- — i tai, r;opyrignt U 1911,1915, 1918, ®925, 1937, 1951, 1958, 1961, 1963,1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the 28 / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06114/2006 under Order No.1000225079 1 which expires on 3/1/2007, and is not for resale. — User Notes: (235652785) i 0 Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in a similar manner. § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. § 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.7 FAILURE OF PAYMENT § 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, a seve"ays affix meeipt of the C t rfor-n in accordance with 9.4.1 or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architectof ed by arb , then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut -down, delay and start-up, plus interest as provided for in the Contract Documents. § 9.8 SUBSTANTIAL COMPLETION § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Init. AIA Document A201Tm —1997. Copyright ©1911, 1915,1918, ®925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights remrved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the 29 / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order No.1000225079 1 which expires on 3/1/2007, and is not for resale. — User Notes: (235652785) 0 9 Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Deetmieats.Documents by withholding no more than 150% of the reasonable cost of coin1p eting or correcting such work. § 9.9 PARTIAL OCCUPANCY OR USE § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.4.1.5 and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. For any partial occupancy or use the Owner shall reduce retainage proportionately to the Contractor at the time of partial occupancy or use § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 FINAL COMPLETION AND FINAL PAYMENT § 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a inial Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, in writing, delivered prior to Substantial Completion other data establishing payment or satisfaction of mechanics liens filed by Subcontractor. Suppliers or Contractor obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish such a release of lien or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. payments' ``l In exchange for said bond Owner shall Feftmd te-make final Init AIA Document A201 Tm —1997. Copyright ©1911, 1915'1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987 and 1997 by Theized American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treatiesor reproduction or distribution of this AIA® Document, or any portion of 1% may result in severe civil and criminal penalties, and will be prosecuted . can the 30 / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order No.1000225079_1 which expires on 3/1/2007, and is not for resale. User Notes: (235652785) 0 payment or, if no bond is provided Owner may withhold 150% of the fey t gMount of the O vaw maybe-eemgellecl-final p�ent to ra;>��� the relevant Subcontractor or Supplier until such lien; ' .lien is no longer a viable encumbrance § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 SAFETY PRECAUTIONS AND PROGRAMS § 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 SAFETY OF PERSONS AND PROPERTY § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub - subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. § 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. § 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, blit AIA Document A201TM —1997. Copyright 01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 31 / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order No.10002250791 which expires on 3/1/2007, and is not for resale. _ User Notes: (235652785) 0 9 and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. § 10.3 HAZARDOUS MATERIALS § 10.3.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. § 10.3.2 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and start-up, which adjustments shall be accomplished as provided in Article 7. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) and provided that such damage, loss or expense is not due to the sole negligence of a party seeking indemnity. § 10.4 The Owner shall not be responsible under Section 10.3 for materials and substances brought to the site by the Contractor unless such materials or substances were required by the Contract Documents. § 10.5 If, without negligence on the part of the Contractor, the Contractor is held liable for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. § 10.6 EMERGENCIES § 10.6.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Section 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 CONTRACTOR'S LIABILITY INSURANCE § 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which Init m, , uu,nluru nw •-- iuvt. uopyngnt U 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 32 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order No.1000225079 1 which expires on 3/1/2007, and is not for resale. — User Notes: (235652785) the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; .4 claims for damages insured by usual personal injury liability coverage; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations; and .8 claims involving contractual liability insurance applicable to the Contractor's obligations under Section 3.18. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. § 11.1.3 Certificates of insurance on forms eneraily acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Section 9.10.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. § 11.2 OWNER'S LIABILITY INSURANCE § 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 11.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE § 11.3.1 Optionally, the Owner may require the Contractor to purchase and -maintain, if available Project Management Protective Liability insurance from the Contractor's usual sources as primary coverage for the Owner's, Contractor's and Architect's vicarious liability for construction operations under the Contract. Unless otherwise required by the Contract Documents, the Owner shall reimburse the Contractor by increasing the Contract Sum to pay the cost of purchasing and maintaining such optional insurance coverage, and the Contractor shall not be responsible for purchasing any other liability insurance on behalf of the Owner. The minimum limits of liability purchased with such coverage shall be equal to the aggregate of the limits required for Contractor's Liability Insurance under Sections 11.1.1.2 through 11.1.1.5. § 11.3.2 To the extent damages are covered by Project Management Protective Liability insurance, the Owner, Contractor and Architect waive all rights against each other for damages, except such rights as they may have to the proceeds of such insurance. The policy shall provide for such waivers of subrogation by endorsement or otherwise. § 11.3.3 The Owner shall not require the Contractor to include the Owner, Architect or other persons or entities as additional insureds on the Contractor's Liability Insurance coverage under Section 11.1. § 11.4 PROPERTY INSURANCE § 11.4.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the Init AIA Document A201Tu —1997. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the 33 / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06d'14/2006 under Order No.1000225079_1 which expires on 3/1/2007, and is not for resale. User Notes: (235652785) site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.4 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub - subcontractors in the Project. § 11.4.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. § 11.4.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub -subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto. § 11.4.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. § 11.4.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit. § 11.4.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. § 11.4.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub -subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11.4.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. § 11.4.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such ins 'thdinaurance. § 11.4.5 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section 11.4.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. § 11.4.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.4. Each policy shall contain all generally applicable Init "'" 1OCument Az01 -m —1997. Copyright 01911, 1915, 1918, ®925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 34 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order No.1000225079 1 which expires on 3/1/2007, and is not for resale. — User Notes: (235652785) conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been given to the Contractor. § 11.4.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub -subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub -subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.4 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontractors, sub -subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly of indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 11.4.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.4.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub -subcontractors in similar manner. § 11.4.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Section 4.6. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. § 11.4.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection is made, the dispute shall be resolved as provided in Sections 4.5 and 4.6. The Owner as fiduciary shall, in the case of arbitration, make settlement with insurers in accordance with directions of the arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. § 11.5 PERFORMANCE BOND AND PAYMENT BOND § 11.5.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. § 11.5.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 UNCOVERING OF WORK § 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Init. — — lialit Azu I •� — lour. uopyngnt %)I U11, 1915, 1918, ®925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 35 reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order No.1000225079 1 which expires on 3/1/2007, and is not for resale. — User Notes: (235652785) Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. § 12.2 CORRECTION OF WORK § 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION § 12.2.1.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. § 12.2.2 AFTER SUBSTANTIAL COMPLETION § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4. The warranty period shall be one year from the date of Substantial Completion. Contractor shall administer all warranty activities during this year. If extended warranties are required by the Contract Documents these shall be procured by the General Contractor from the Subcontractor and assigned directly to the Owner. Beyond the initial one year warranty all warranties shall be administered by the Owner. § 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shah -shy unless covered by insurance without increase to the Contract Sum, if any bear as Cost of the Work. the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. § 12.3 ACCEPTANCE OF NONCONFORMING WORK § 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. Inst AIA Document A201TM —1997. Copyright ©1911, 1915, 1918, ®925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the 36 / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order No.10002250791 which expires on 3/1/2007, and is not for resale. _ User Notes: (235652785) 0 0 ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 GOVERNING LAW § 13.1.1 The Contract shall be governed by the law of the place where the Project is located. § 13.2 SUCCESSORS AND ASSIGNS § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to an institutional lender providing construction financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. § 13.3 WRITTEN NOTICE § 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. § 13A RIGHTS AND REMEDIES § 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. § 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. § 13.5 TESTS AND INSPECTIONS § 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. § 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.5.3, shall be at the Owner's expense. § 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. Init. AJA uocument A201 TM —1997. Copyright ©1911, 1915, 1918, ®925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 37 reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order No.1000225079 1 which expires on 3/1/2007, and is not for resale. — User Notes: (235652785) • § 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.6 INTEREST § 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. § 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD § 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. As to acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any Warranty provided under Section 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Section 12.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 TERMINATION BY THE CONTRACTOR § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 issuance of an order of a court or other public authority having jurisdiction which requires all Work to be stopped; .2 an act of government, such as a declaration of national emergency which requires all Work to be stopped; .3 because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Section 2.2.1. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365 -day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. Intl AIA Document A201 M —1997. Copyright aties. Unauthorized @1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976 , 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treized reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will a prosecuted or the 38 / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order No.1000225079 1 which expires on 3/1/2007, and is not for resale. — User Notes: (235652785) § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 TERMINATION BY THE OWNER FOR CAUSE § 14.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 persistently fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Architect that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, sownQom-fourteen 14) da s written notice, terminate employment of the Contractor and may, if the Contractor fails to commence and diligently pursue a cure during such fourteen (14) day period. subject to any prior rights of the surety: .1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Section 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Eeatae-t .Contractor to extent permitted hereunder. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive termination of the Contract. § 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include prefi"emobilization costs.. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. § 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall: .1 cease operations as directed by the Owner in the notice; Init. AIA Document A201--1997. Copyright 01911, 1915, 1918, ®925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American Institute of Architects. All rights reserve® WARNING: This A10 Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIO Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the 39 / maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order No.1000225079 1 which expires on 3/1/2007, and is not for resale. — User Notes: (235652785) .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along m4th masenab6-&�� and profit an the WE)Fk Hot @*ee termination including demobilization costs. If termination for cause is deemed imnroner, it shall be deemed termination for convenience Init. — —1-111 wcu l •- - 79n/. L:opyngnt Institute of Architects. All rights reserved. reproduction or distribution of this AIA® / maximum extent possible under the law. expires on 3/1/2007, and is not for resale. User Notes: W 1911, 1915, 191u, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987 and 1997 by The American WARNING: This Ale Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 40 Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order No. 10002250791 which (235652785) I 1 0 Certification of Document's Authenticity AIA® Document D401 Tm — 2003 I, Amy Tenney, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification at 18:29:14 on 06/14/2006 under Order No. 1000225079-1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of MAO Document A201TM — 1997 - General Conditions of the Contract for Construction, as published by the AIA in its software, other than changes shown in the attached final document by underscoring added text and striking over deleted text. (Signed) (Title) (Dated) rum uouumem uvui — — zuu3. copyright ®1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:29:14 on 06/14/2006 under Order No.1000225079_1 which expires on 3/1/2007, and is not for resale. User Notes: (235652785) Project: Meridian Youth Baseball Field June 14, 2006 Pro'eDocument Listct Sheet Description Date Revised A0.1 Title Sheet 5/26/04 A2.1 Plans, Elevations, Sections, Lrg 5/26/04 Concessions 2 Small Concessions 5/26/04 �°►2.3 Plan, Elevations, Section 5/26/04 0•4 Plan, Elevations, Storage Building 5/26/04 A2.5 Reference Only SD2.1 Field D (Babe Ruth Baseball) 5/26/04 SD 2.2 Fields B&C (Cal Ripken Baseball) and Field 5/26/04 D Details SD 2.3 Field A (Softball) Plan & Baseb./Softb. 5/26/04 Details 2.00 2.10 Survey Site Demolition Plan 5/4/06 2/30/06 2.21 Site Layout Plan 5/4/06 2/30/06 5/4/06 2/30/06 2.22 Site Layout Plan 5/4/06 2/30/06 2.23 Site Layout Plan 5/4/06 2/30/06 2.25 Site Details 5/4/06 2/30/06 2.26 Site Details 5/4/06 2/30/06 2.31 Road Widening 5/4/06 2/30/06 2.32 Grading and Drainage 3/15/05 2/30/06 2.33 Grading and Drainage Plan 5/4/06 2/30/06 2.34 Striping and Obliteration Plan 5/4/06 2/30/06 2.35 Drainage Details 5/4/06 2/30/06 2.41 Utilities Plan 5/4/06 2/30/06 2.45 Water Details 5/4/06 2/30/06 2.46 Sewer Details 5/4/06 2/30/06 E2.1 One -Line Diagram and Details 6/14/04 E1.1 Site Electrical Plan 6/14/04 2.65 Irrigation Details 5/4/06 2/30/06 2.64 Irrigation Notes and Details 5/4/06 2/30/06 2.63 Irrigation Plan 5/4/06 2/30/06 2.62 Irrigation Plan 5/4/06 2/30/06 2.61 Irrigation Plan 5/4/06 2/30/06 2.53 Landscape Plan 5/4/06 2/30/06 2.52 Landscape Plan 5/4/06 2/30/06 2.51 Landscape Plan 5/4/06 2/30/06 Date Issued Date Site Package Technical Specifications including Addendum No 1 -September 8, 2004 1 09/05/2004 1 Revised MERIDIAN YOUTH BASEBALL SETTLER'S PARK BASEBALL FIELD COMPLEX -STOr CCid d Si3'iSG'�"i1761 YtaP 9 a1�EP-df,P 9'd SEP`.'BGES II I!", PART I — NOTICE/INSTRUCTIONS TO BIDDERS Date: May 15th, 2006 Project Name: Meridian Youth Baseball Association, Settler's Park PROJECT INFORMATION: 0 Project — New Baseball Field.Complex, Phase I u Owner — Meridian Youth Baseball Association O Construction Manager — Stock Construction Management Services, Inc. ® Location — Meridian, Idaho MILESTONE SCHEDULE: ® Issue Proposal Packages .............................................. May 15, 2006 U Pre -Bid Meeting and Job Walk-Thru .............................. May 23, 2006 o 9:00am —At Project Site O Final Date for Clar. /Interpretations Form Submittal....... May 24, 2006 (4:00 PM MDT) O Final Date for Addenda Issuance .................................. May 26, 2006 ® Proposals Due............................................................... May 30, 2006 (2:00 PM MDT) ® Notice of Award............................................................. May 30, 2006 (2:00 PM MDT) • Construction Start ..........................................................June 5, 2006 • Grass Planted on Fields ................................................ July 24, 2006 • Final Completion..........................................................March 1, 2007 ✓ REPRESENTATIONS: The Construction Manager will be Stock Construction Management Services, Inc. (Stock CMS). Meridian Youth Baseball Association reserves the right to reject all or part of any or all Proposals without obligation to the Bidder. This RFP is subject to the terms and conditions, and specifications stated herein and attached. PROPOSAL SUBMITTAL INSTRUCTIONS: Proposals will be received by Stock CMS (hereinafter called "Construction Manager" or "CM") for work to be performed for Meridian Youth Baseball Association (hereinafter called "Owner") at Owner's Site, Meridian, Idaho as set forth herein and in the attached documents. Proposals shall be submitted only on the attached Proposal form, and shall be presented or mailed by the party executing said Proposal (hereinafter referred to as "Bidder" or "Subcontractor"). Altered, amended, modified, incomplete, or conditional Proposals may be rejected. Proposals are to be submitted by Bidder and will only be considered by CM upon the express understanding that CM reserves the unconditional right to reject any or all Proposals and to waive irregularities therein, and the right in CM's absolute discretion to accept any particular Proposal submitted by any Bidder, even though the price or completion date, or both, or any other provision specified therein may not be as favorable as some other Proposal. The preparation of a proposal shall be by and at the expense of the bidder. Proposals shall be submitted on the Proposal Form provided as part of this RFP. All copies shall be properly executed, all blank spaces shall be filled in, and any interlineations, alterations, or erasures shall be formally ST C K explained and initialed by the bidder. Proposals shall be in strict conformity with this document. Failure to comply with these requirements may be cause for rejection of the proposal. To be considered responsive, all requested information must be furnished and the proposal must be without exceptions to the technical and commercial requirements or any other subcontract documents. Alternate proposals are acceptable in addition to, but not in lieu of, the base proposal. If alternates are provided, the proposal documents must identify the base and each alternate by number. Each alternate must be inclusive of all RFP requirements. Each proposal shall show the full legal,name and business address of the bidder, including its street address if it differs from its mailing address, and shall be signed with the usual signature of the person or persons authorized to bind the bidder, and shall be dated. Proposals by a partnership or joint venture shall list the full names and addresses of all partners or joint ventures. The place of incorporation shall be stated in the proposal. The name of each signatory shall be typed or otherwise clearly imprinted below each signature. When requested by CM, satisfactory evidence of the authority of any signatory on behalf of the bidder shall be furnished. One (1) copies of proposals shall be presented or mailed under sealed cover conspicuously marked as follows: "Sealed Bid" — Meridian Youth Baseball Field Complex Stock Construction Management Services, Inc. 2990 Wise Way Boise, Idaho 83714 Attention: Erik Holinka Facsimile of pricing data followed by formal copies within one business day via courier is acceptable. PRE-BID MEETING: A pre-bid meeting will be held at the Project Site on the date and time listed above. WITHDRAWAL: The Proposal may be withdrawn by Bidder at any time prior to the due date set forth above without prejudicing Bidder's right to file another Proposal, provided such other Proposal complies with the terms and conditions hereof and is received prior to due date set forth above. Bidders may withdraw a Proposal by submitting written Notice of Withdrawal to CM at least 24 hours prior to the due date. REFERRALS: Proposals shall be submitted by Addressee only, unless written permission to refer Proposal and attachments to another firm is obtained from CM. REJECTION: All bidders will be given an equal opportunity to compete: No disclosure of any bidder's competitive position will be made. Neither requests for additional information nor invitations to participate in negotiations are to be construed as an indication of Owner/ CM's intent to award a contract. Only those Proposals that offer a reasonable total evaluated cost will be considered for detailed technical and commercial evaluation. It is essential, therefore, that careful consideration be given to all aspects of CM's requirements prior to submittal of the Proposal. �ut11T�VC?10�t eI�rl4GEt�EtIT :c�.VWES U+C LATE PROPOSALS: CM assumes no responsibility for. late delivery of Proposals, whether due to delays in U. S. Mail Service or otherwise, or for the loss or mishandling of Proposals. Late Proposals may be considered non-responsive. QUALIFICATION: CM may require evidence that Bidder is qualified to transact business in the State of Idaho and is properly licensed to perform the construction activities called for in the Subcontract in - the state of Idaho as a condition precedent to an award of the work hereunder. SITE INSPECTION AND CONDITIONS: Bidders shall have visited the site of the work and made all necessary investigations so as to have ascertained fully all pertinent conditions which may in any manner bear upon the performance of the work and the price to be proposed for the performance thereof, such as, but not limited to, the location, accessibility and general character of the site, labor conditions, character and extent of existing work within or adjacent thereto, and other work being performed thereon. Any failure to fully investigate the site or the foregoing conditions shall not relieve the bidder from responsibility for estimating properly the difficulty or cost of successfully performing the work. LEASE AGREEMENTS: All long-term lease agreements (anything exceeding 6 months) for offices to be used on the project must be reviewed and approved by CM prior to entering into that agreement. TERMINATION AND/OR SUSPENSION: The following provisions, as listed in the attached CM Agreement (Exhibit 4), flow down to all Subcontractors and lower tier subcontractors: Termination by the Owner for Convenience: The Owner may, for its convenience and without cause, including Force Majeure, terminate this Agreement or any Purchase Order at any time, in whole or in part, if it determines that such termination is in its best interest. Such termination shall be effected upon written notice to the CM stating the extent and effective time of such termination; whereupon, unless the Owner otherwise directs in writing, the CM, upon receipt of such written notice shall: a. Stop all Work so terminated, shall execute no further Subcontracts or orders, including, but not limited to orders for equipment, materials, or supplies, for the Work, except as may be necessary to complete portions of the Work not terminated, as directed by the Owner, to protect any portion of the Work already in place. b. Within forty-eight (48) hours of the date of the notice of termination, provide to the Owner a comprehensive list of all outstanding Subcontracts and other commitments pertaining to terminated Work and an estimate of all costs relating to such termination including, but not limited to, costs relating to protection of the Work, demobilization costs, restocking charges, and any other charges payable by Owner hereunder. c. Assign to the Owner, in the manner, at the times, and to the extent directed by the Owner, all rights, title, an disinterest of the CM under Subcontracts concerning the terminated portion of the Work or, if Owner elects not to take such assignment of all Subcontracts, CM shall terminate any such Subcontracts not assigned to the extent they relate to the terminated portion of the Work and, with. the Owner's approval, settle all outstanding liabilities and claims arising out of such termination and provided such releases, including lien releases, as requested by Owner; LC_1�COE u-TPUC. IDI: +! n se-110E5111C. d. Take all necessary action to protect property in the possession of the CM or any Subcontractor, in which the Owner has or may acquire an interest; e. Transfer title and deliver to the Owner, in the manner, at the times, and to the extent directed by the Owner, all Work in process and completed Work, including, but not limited to, completed or partially completed drawings, information, specifications, and other property that, if the terminated portion of the Work had been completed, would have been required to have been furnished to the Owner hereunder; f. Complete the performance of the non -terminated portion of the Work; and g. Take any other reasonable action that the Owner may direct in writing. h. In the event of a complete termination of a Purchase Order, CM shall complete all requirements under this Agreement pertaining to Final Payment. Upon termination of all or any part of a Purchase Order, a Fixed Price Purchase Order or the GMP under any Cost -Plus Purchase, as the case may be, shall be adjusted by Change Order in the amount of any Reimbursable Costs, as defined herein, reasonably incurred and pertaining directly to such termination (the "Termination Costs"), less the savings by reason of such termination, and any fixed sum CM Fee shall be adjusted accordingly. The CM shall promptly submit a COR certifying to the Owner the foregoing amount, but in no event later than thirty (30) days after the effective date of such termination. Termination by the Owner for Cause: If, at any time, the CM fails to proceed with the Work properly, or fails to fully perform any provision of this Agreement, then the Owner, by written notice to the CM, may without prejudice to any other right or remedy (a) make good the deficiencies and deduct the cost thereof from the payment then or thereafter due the CM; and/or (b) terminate this Agreement or any Purchase Order and take possession of all materials, tools, and equipment and to finish the Work by such means as may be required to cure such default or failure to perform. Should the Owner take over the Work, the CM shall not receive any further payment until the Work or the terminated part of the Work is completed. If the unpaid balance of the amounts due the CM hereunder exceeds the expense of finishing the Work, the Owner shall pay the difference to the CM; but, if such expense exceeds the unpaid balance, the CM shall pay the difference to the Owner upon demand. Any termination for cause by the Owner that is determined by any court or other authority to be wrongful for any reason shall be deemed for all purposes to be a termination for convenience and CM's remedies for such wrongful termination for cause shall be limited to payment in accordance with a termination for convenience as set forth in this Agreement. Suspension by the Owner for Convenience: The Owner may, with or without cause, including Force Majeure, order the CM in writing to suspend, delay or interrupt the Work, in whole or in part, for such period of time as the Owner may determine. Upon cessation of the suspension, an adjustment shall be made to a Fixed Price Purchase Order or the GMP under a Cost -Plus Purchase Order, as the case may be, equal to any Reimbursable Costs as defined herein reasonably incurred and relating directly to such suspension and any fixed sum CM Fee shall be adjusted accordingly. No adjustment shall be made to the extent (a) that performance is, was or would have been suspended, delayed or interrupted by a cause for which the CM is responsible or (b) for which an adjustment is made or denied under another provision of this Agreement. ST K Cchr^rPua'nnrr r.r=r,ar_>�ratr rr _,Ea�icE=_ a re. 0 0 CORRESPONDENCE AND CLARIFICATIONS: Bidders requesting additional information are advised to address their inquiries to: Stock CMS 2990 Wise Way Boise, Idaho 83714 Attention: Erik Holinka Phone: 208-573-7193 Fax: 208-441-8013 e-mail: eholinka@stockcros.com Bidders may request clarifications and information in addition to that provided herein only from the above -noted individual(s). Bidders are specifically advised not to contact any other CM or Owner entity or agent unless expressly instructed to do so. Replies to requests for clarifications and interpretations shall be made in the form of written addenda, which will be issued simultaneously to all bidders who have received a proposal package. CM takes no responsibility for verbal statements made by representatives of CM, the A/E, the Subcontractor, or the Owner. If verbal statements are made at any time during the proposal period which Bidder considers important or has a bearing on its proposal, it shall request a confirmation in writing, which shall be furnished to all bidders. A non written response to any bidder request for information or clarification will not be binding on CM or Owner. PRICING AND BID VALIDITY: Proposals shall be submitted on a lump sum basis only. Proposals shall be valid for acceptance until ninety (90) days after the bid due date. CM reserves the right to request extension of this period should this be necessary in order to complete a proper evaluation of bids received. Proposals shall be in U.S. dollars inclusive of all costs such as permits, licenses, applicable taxes, insurance, labor, equipment, materials, temporary facilities, supervision, mobilization/ demobilization, profit, G&A expense, overhead, and all other direct and indirect costs associated with the work. EXAMINATION OF DOCUMENTS: Any bidder planning to submit a proposal is responsible for examining with appropriate care the complete proposal documents and all addenda, and is also responsible for informing itself with respect to all conditions which might in any way affect the cost or the performance of any work. Failure to do so will be at the sole risk of the bidder, and no relief shall be given for errors or omissions by the bidder. Should the bidder find discrepancies in or omissions from the proposal documents, or should the proposal document's intent or meaning appear unclear or ambiguous, or should any other questions arise relative to the proposal documents, the bidder shall notify CM of such findings in writing. The bidder making such request will be solely responsible for its timely receipt by CM. Replies to such notices may be made in the form of addenda to the proposal documents. r,. ��r I'i1PUGT1011 r t.: rt�GE, tEi M Sew"CEs n'7 • RETURN OF PLANS AND SPECIFICATIONS: Upon receipt of notice of award of the work to another firm, unsuccessful Bidders shall return enclosed plans and specifications to CM at above address. Failure to do so may result in future bid disqualification. CERTIFICATES: Prior to beginning work, certificates of insurance shall be fumished by the Subcontractor evidencing that the coverage is in effect and will continue to be in effect throughout the performance of the Work and will not be canceled or materially changed until at least thirty (30) days prior written notice has been given to the CM. The insurance policies shall name Owner and Earth Tech (Infrastructure) Inc., their employees, officers, and directors as additional insured with respect to the Work to be provided under this Agreement. The insurance provided by Subcontractor is primary with respect to the interests of the Owner and CM and any other insurance acquired or maintained by them. Owner and CM's insurance shall be excess and non-contributory. Subcontractor and its insurers agree to waive any and all rights of subrogation against the Owner and Earth Tech (Infrastructure) Inc. Subcontractor agrees to flow down these insurance requirements to all lower tier subconsultants and subcontractors that provide any services or work on this project. ��Tac� co`�UCn01It.11tl, cEY'Ezrrseas-�cesnic. 0 PART II - PROPOSAL FORM 0 • PART II — PROPOSAL FORM Bidder Date: THIS PROPOSAL is hereby submitted to Stock CMS (hereinafter called "Construction Manager" or "CM") pursuant to NOTICEANSTRUCTIONS TO BIDDERS. HAVING CAREFULLY studied the Bid Documents including the Subcontract Scope of Work, drawings & specifications, Standard Provisions, and other documents provided with this RFP, including the Addenda outlined below, and being fully aware of the conditions affecting and governing the construction of said project, the undersigned hereby proposes to furnish all supervision, material, labor, tools, equipment, insurance, taxes, licenses, and all other items necessary to perform the Subcontract Scope of Work as specked for the following sums of money and that should this proposal be accepted by CM, that the Lump Sum Price and all Proposal Form Attachments shall become the Subcontract Prices subject only to such changes as shall be agreed to by CM and bidder in writing prior to acceptance of this proposal. THE UNDERSIGNED, hereinafter referred to as "Bidder", or "Subcontractor", certifies to CM that the following facts and/or circumstances have occurred or exist relating to the proposed work to be performed. BIDDER acknowledges that Bidder has visited and has thoroughly examined the site for proposed work, and without limitation, has ascertained fully all pertinent conditions which may in any manner bear upon the performance of the work herein proposed and the compensation Bidder proposes therefore and acknowledges receipt of and familiarity with and understanding of the Subcontract Documents as hereinafter defined. BIDDER agrees to commence, perform, and complete the Work as provided in the Bid Documents. Work shall commence and complete in accordance with all of these documents. WORK TO BE PERFORMED: Bidder proposes to perform the work described in and in strict accordance with the following Subcontract Documents issued as part of said Notice/Instructions to Bidders (all of which is hereinafter sometimes called the "Work"). COMMENCEMENT AND COMPLETION: Bidder agrees to commence, perform and complete the work as provided in the Subcontract Documents. Offsite work shall commence as of the date of the Subcontract, and field work shall commence on the date specified in CM's Notice to Proceed with field work. Work must be performed by trained and skilled craftworkers. ST C K CO! 13: PV CT.pti t.fa.tl�.UE>.tEt t'i �E'�'!CES ti tC. BIDDER acknowledges receipt of the Addenda specified below. This Proposal is submitted in full compliance with such Addenda. ADDENDA RECEIVED: Number Date BASE PROPOSAL PRICE: The firm Total Lump Sum Price shall represent bidder's total remuneration for this work including all direct and indirect costs, profit, taxes, bonding, insurance, mobilization, demobilization, and any and all other costs associated with the project. Total Lump Sum Price (Firm — not subject to escalation) UNION AGREEMENTS: Bidder agrees to inform CM of any and all union agreements to which Bidder is signatory and provide copies of said agreements that are intended to be used in the performance of this work. BOND REQUIREMENTS: Please fill in the Bond Rate in the appropriate line on Proposal Attachment "A- v 1" Schedule of Pricing. MINORITY BUSINESS: Is Bidder a Minority Business? Yes _ No _. If not, what estimated percentage of the total quoted price does Bidder intend to award to minority lower tier suppliers? %. A Minority Business is of a culturally or economically disadvantaged or racial minority group, including, but not limited to American Indians, American Eskimos and Aleuts, American Blacks and American Latinos. SMALL BUSINESS: Is Bidder a Small Business? Yes No . A Small Business Concern, including its affiliates, is defined as a concern which is independently owned or operated, is not dominant in the field of operations in which it is bidding, and can further qualify under the criteria concerning number of employees, average annual receipts, or other criteria as prescribed by the Small Business Administration. BY SUBMITTING A RESPONSE to this Request for Proposal, Bidder agrees that, if selected, they will agree to all of the terms and conditions outlined in the attached Subcontract Agreement without exception. THE FOREGOING OFFER shall be binding upon Bidder until any time on or prior to said date. Bidder 3C3 Phone No. License # and may be accepted Printed Name Title Address Date 9 0 Fax No. State whether Bidder is Corporation, Individual or Partnership. If Partnership, give names of Partners. Partner Partner Corporation Date of Incorporation Individual State of Incorporation Partnership ST C K COV1�- VVCTIOti f �-tl1T �EP"10ES It1v PROPOSAL ATTACHMENT "Alp A. Introduction The Bidder acknowledges that he has taken steps reasonably necessary to ascertain the nature and location of the work, and has investigated and is satisfied as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The Bidder also acknowledges that he is satisfied as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, as well as from the drawings and specifications made a part of this subcontract. Any failure of the Bidder to take the actions described and acknowledged in this paragraph will not relieve the Bidder from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to CM or Owner. The Proposal comprises the written offer of the Bidder and establishes the total fixed lump sum amounts, unit prices and hourly rates to be paid to Subcontractor as compensation to fully perform the Work and otherwise meet all obligations of the Subcontract. CM and Owner assume no responsibility for any conclusions or interpretations made by the Bidder based on the information made available by CM and Owner. Nor does CM or Owner assume responsibility for any understanding reached or representation made concerning conditions which can affect the work before the execution of this subcontract, unless that understanding or representation is expressly stated in writing and issued as a Addenda to this Proposal request. It is CM's intent that Attachment "A" of the Proposal Form shall as a whole provide a complete basis of payment for all work to be performed under this Subcontract. Bidder shall build into its lump sum prices all supplies, consumables, and other material items necessary to fully perform the work associated with the bid item. Bidder shall carefully study the drawings in conjunction with the lump sum price items to confirm that all required work is covered by the prices quoted. It will be considered after award of the Subcontract that all work, which can reasonably be inferred by the drawings and specifications to be required to complete the Work has been included by Bidder in the lump sum prices quoted. It is further intended that the Attachment "B" of the Proposal Form be used as a basis to price any and all changes which the CM may elect to authorize. For positive identification by CM, Bidder is required to sign or stamp each page of the Proposal which shows prices or other entries by the Bidder. PTCI C K curasp�crt an r r �.ar.aeti�rrr �: �e;a. ;ces n rc. All costs as appropriate to the bid item of the work is to include all labor, supervision, construction equipment, preparation of documents, drawings, certifications, consumable materials and supplies, permanent materials, devices, minor equipment (as specified), subcontracted services (as required) and supporting facilities as defined and in accordance with the drawings and specifications included under the subcontract. Bidder shall include and be responsible for sales tax assessed on all bulk purchases, fabrications, permanent materials, equipment, freight, temporary materials, consumables, and other indirect costs such as tools and construction equipment (rented and/or purchased) required to be furnished under this contract. �STCI C K CGi 1SiAe f1dTG1l f.t+.l 1•�.G'cn1Et R _:Es'v10E;� I� IC r� u I,. � � � — I mu (!m I a a v— � M�� I L -; PROJECT: MYBA —Baseball Field Complex to ADDENDUM #1 PAGE 1 PROJECT NO: 0720 DATE:5/24/2006 To All Contractors Submitting Bids on the above Project: This Addendum # 1 is hereby made a part of the Contract Documents pertaining to the above project and shall be binding upon each contractor submitting bids. It shall further be the responsibility of each General Contractor to notify his sub -contractors concemina the contents of this addendum as thev specifically apply to them. 1.0 No bid or performance bond is required for this project. A performance bond may be requested by the owner at contract award. If requested the General Contractor will be reimbursed for the cost of the bond. 2.0 The bids will be opened publicly at Stock CMS Offices located at 2990 Wise Way, Boise, Idaho at the specified bid date and time. 3.0 The Owner (MYBA and City of Meridian) will be using an AIA A101 contract for the General Contractor. 4.0 The Milestone Schedule has been modified to show the grass to be planted on the fields not later than October 2, 2006 END OF ADDENDUM 1 2990 WISE WAY, BOISE, IDAHO 13371 6 PHONE 208.433.0200 FAX 206.433.0088 ADDENDUM #2 STOCK PAGE 1 0CM5 .UCTXml t�w4AI304mll r SEPVW. s 1"r - PROJECT: MYBA —Baseball Field Complex PROJECT NO: 0720 DATE:5/30/2006 To All Contractors Submitting Bids on the above Project: This Addendum # 2 is hereby made a part of the Contract Documents pertaining to the above project and shall be binding upon each contractor submitting bids. It shall further be the responsibility of each General Contractor to notify his sub -contractors concerning the contents of this addendum as they specifically apply to them. 1.0 Question: Response: Sheet 2.21 and 2.21 - asphalt pathways have the same symbol as the asphalt parking lot - 2.5" of asphalt / 4" of crushed rock and 8" of structural fill. I think that they meant to use the asphalt pathway on these areas. Please advise. THE ONLY PATHWAYS THAT SHOULD MEET THE SAME CRITERIA AS THE PARKING LOT ARE THE 2 MAIN ONES THAT RUN TO AND FROM THE BIG CONCESSION STAND. THIS IS FOR THE FIRE TRUCKS AS THIS IS THE FIRE LANE. ALL THE REST OF THE AREAS SHOULD BE THE ASPHALT PATHWAYS SPEC. END OF ADDENDUM 2 2990 WISE WAY, BOISE, IDAHO 8371 6 PHONE 208.433.0200 FAX 208.433.0088 June 16, 2006 MERIDIAN CITY COUNCIL MEETING June 22, 2006 APPLICANT ITEM NO. 5-R REQUEST Approve Contract with Recreation Idaho for the Adventure Island Splash Pad Equipment Purchase AGENCY COMMENTS CITY CLERK: See attached 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. AGREEMENT FORM THIS AGREEMENT is between Jade H, Inc. dba Recreation Idaho (herein called CONTRACTOR) and City of Meridian, Idaho (herein called OWNER). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: 1.1 CONTRACTOR shall complete Work as specified or indicated in the Contract Documents. The work is generally described as follows: "Adventure Island Splash Pad: Equipment Purchase" 2. LANDSCAPE ARCHITECT 2.1 The Land Group is hereinafter called Landscape Architect and is to act as OWNER's representative, assume duties and responsibilities, and have the rights and authority assigned to in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 3. CONTRACT TIME 3.1 Contract Times: 3.1.1 CONTRACTOR will achieve Substantial Completion on or before September 8, 2006, and Work will be completed and ready for final payment and acceptance in accordance with the General Conditions on or before September 22, 2006. 3.2 Liquidated Damages 3.2.1 OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph Contract Times above, plus any extensions thereof allowed in accordance with the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense and difficulties involved in proving in a legal or other dispute resolution proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER one hundred dollars and zero cents ($100.00) for each day that expires after the time specified in paragraph Contract Times above, for Substantial Completion until the Work is substantially complete. 3.2.2 After Substantial Completion, if CONTRACTOR neglects, refuses, or fails to complete the remaining Work within the Contract Times or any property OWNER granted extensions thereof, CONTRACTOR shall pay OWNER one hundred dollars and zero cents ($100.00) for each day that expires after the time specified 'a in paragraph Contract Times above for completion and readiness for final payment. 3.2.3 OWNER shall recover such liquidated damages by deducting the amount owned Adventure Island Splash Pad: Agreement Form Equipment Purchase from the final payment or any retainage held by OWNER. 4. CONTRACT PRICE 4.1 Contract Price: 4.1.1 OWNER shall pay CONTRACTOR the following total based on the conformed Bid, which is included as an Exhibit to this Agreement. One Hundred Thirty Four Thousand, One Hundred Seventy Nine Dollars (words) and No Cents ($134,179.00) (words) (figures) Subject to additions and deletions as provided in the Contract Document. 5. RETAINAGE 5.1 Prior to final Completion, OWNER shall retain from progress payments five (5) percent of the value of Work completed, OWNER shall retain (5) percent of the value of stored materials and equipment. 5.2 OWNER will release to CONTRACTOR all retainage for those separate portions of the Work determined finally complete by LANDSCAPE ARCHITECT and accepted by OWNER for use as intended. 6. INTEREST 6.1 Monies not paid when due as provided in article 14 of the General Conditions shall bear interest at the rate of 2 percent per month. 7. CONTRACTOR'S REPRESENTATIONS 7.1.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, general nature of work to be performed by OWNER or others at the site that relates to Work required by the Contract Documents and local conditions and federal, state, and local Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of Work. 7.1.2 CONTRACTOR has studied carefully reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions of the General Conditions, and accepts the determination set forth in the Supplementary Conditions of the extent of the tdchnical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents. 7.1.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) examinations, investigations, explorations, tests, studies, and reports Adventure Island Splash Pad: Agreement Form 2 Equipment Purchase 0 i (in addition to or to supplement those referred to above) which pertain to the conditions (subsurface or physical) at or contiguous to the site or otherwise and which may affect the cost, progress, performance, or furnishing of the work as CONTRACTOR deems necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of the General Conditions; and not additional or supplementary examinations, investigations, explorations, tests, reports, or similar information or data re or will be required by CONTRACTOR for such purposes. 7.1.4 CONTRACTOR has reviewed and checked information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and has included costs as defined in the General Conditions. 7.1.5 CONTRACTOR has correlated information known to CONTRACTOR and results of such observations, familiarizations, examinations, investigations, explorations, tests, studies, and reports with Contract Documents. 7.1.6 CONTRACTOR has given LANDSCAPE ARCHITECT written notice of all conflicts, errors, ambiguities or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by LANDSCAPE ARCHITECT is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of terms and conditions for performing and furnishing Work. 8. CONTRACT DOCUMENTS 8.1 The Contract Documents which comprised the entire Agreement between OWNER and CONTRACTOR concerning Work are defined in the General Conditions. 8.2 Drawings bearing the following general title: Adventure Island Splash Pad: Equipment Purchase 8.3 Addenda numbers _1_ to _1inclusive. 8.4 Exhibits to this Agreement include: 8.4.1 Advertisement for Bid 8.4.2 Instruction to Bidders 8.4.3 Bid Form signed by CONTRACTOR 8.4.4 Executed Performance Payment Bond 8.4.5 Documents submitted by CONTRACTOR prior to execution of Agreement. 8.4.6 Notice to Proceed 9. MISCELLANEOUS 9.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another parry hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction maybe limited by law), and unless specifically stated to the contrary in any written consent to an assignment no Adventure Island Splash Pad: Agreement Form 3 Equipment Purchase 0 • assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.3 GOVERNING LAW, The validity. Meaning and effect of this Contract shall be determined in accordance with the laws of the State of Idaho applicable to contracts made and performed in are subject to the venue of the Fourth Judicial District of the State of Idaho IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and LANDSCAPE ARCHITECT. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. OWNER: Address for giving notices: 33 E.Idaho Meridian, Idaho 83642 Phone. (208) 888-4433 (If OWNER is a public body, attach evidence of authority to sign and resolution of other documents authorizing execution of Agreement.) CONTRACTOR: IWO Address for giving notices License No. Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign.) Adventure Island Splash Pad: Agreement Form 4 Equipment Purchase 9 NOTICE TO PROCEED \_J TO: Recreation Idaho DATE: May 29, 2006 PMB #234,104 E. Fairview Avenue Meridian, id 83642 PROJECT: Adventure Island Splash Pad: Equipment Purchase DESCRIPTION: PURCHASE AND DELIVER SPLASH PAD EQUIPMENT PER DRAWINGS AND SPECIFICATIONS You are hereby notified that the Contract Time for the construction of the above project will commence to run on the 291h day of May, 2006. OWNER: ATTEST: Adventure Island Splash Pad: Equipment Purchase May 2006 tuuttyii, 5 5114 NOTICE OF AWARD TO: Recreation Idaho DATE: May 29, 2006 FMB #234,104 E. Fairview Avenue Meridian, Id 83642 PROJECT DESCRIPTION: Adventure Island Splash Pad: Equipment Purchase The OWNER has considered the Bid submitted by you and for the above described Work in response to its Advertisement for Bids and .information for Bidders. You are hereby notified that your Bid has been accepted for (description): PURCHASE AND DELIVER SPLASH PAD E UIPMENT PER DRAWINGS AND SPECIFICATIONS In the amount of. One hundred thirty five thousand four hundred seventy five dollars. Dollars ($135,475.00). You are required to full execute the Agreement and furnish the required Contractor's Performance bond, Payment Bond and Certificates of Insurance within five (5) calendar days from the date of the notice to you, that is by June 2, 2006. If you fail to execute said Agreement and to furnish said bonds and certificates of insurance within five (5) calendar days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance of your Bid as abandoned and as a forfeiture of your bid Bond. The OWNER will be entitled to such other rights as may be granted by law. You are required to return the attached ACCEPTANCE OF NOTICE OF AWARD to the OWNER. OWNER: ATTEST: fllllllJ/JfJJ,' CITY OF MERIDIAN, IDAHO044 By: G � Y: Nave: TAMMMY WEERD e~ WILLIAM BERG Title: MAYOR =BEAL T tle: CITY CLERK Approved by City Council: -� rJ/)tliltl till 1% . Adventure Island Splash Pad: Equipment Purchase May 2006 0 0 ACCEPTANCE OF NOTICE OF AWARD Receipt of the NOTICE OF AWARD is hereby acknowledged by: V"OfAcdik- Recreation Idaho., this e'' day of .Z'��t. 2006• CONTRACTOR i ',� I A41V J1 l t�1✓ J �1 Adventure island Splash pad: Equipment purchase May 2006 Jun 15. 2006 11.06AM Recreation Idaho*Utah MAY 19 RECD ISSUE No, 4139 P. 2 CERTIFICATE OFWSURANCE 05-1006 9:42:58 AM XW PRODUCER WESTERN COMMUNITY INSURANCE COMPANY THIS CERTIFICATE IS ISSUED AS A MATTER OF PO BOX 4848 INFORMATION ONLY, AND CONFERS NO RIGHTS UPON THE POCATELLO , ID 83205-4848 CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURED COMPANIES AFFORDING COVERAGE J ALAN YARRINGTON DBA RECREATION IDAHO COMPANY LETTER A 104 E FAIRVIEW AVE PMS 234 WESTERN COMMUNITY INSURANCE COMPANY MERIDIAN ID 83642 COMPANY LETTER 8 COMPANY LETTER C COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DESCRIPTION OF OPERATIONS/LOCATIONSNEMCLESIRESTRICTIONS/SPECIAL ITEMS: THE CERTIFICATE HOLDER LISTED BELOW IS AN ADDITIONAL NAMED INSURED PER FORM CO 20 10 (10/01) CERTIFICATE HOLDER CANCELLATION POLICY POLICY BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY CO WILL ENDEAVOR TO MAIL SO DAYS WRITTEN NOTICE TO THE CITY OF MERIDIAN EFFECTIVE EXPIRATION KIND UPON THE COMPANY ITS AGFNTSOR REPRESENTATIVES. LTR TYPE OF NMRANCE POLICY NUMHER DATE DATE ALL LIMITS INTHOUSAND$ GENERAL LIABILITY GENERAL AGGREGATE $ 2000 A IXI CGL OCCURRENCE PRODUCTS-COMPIOPS $ 2000 AGGREGATE PERSONAL &ADVERTISING $1000 INJURY 11 OWNER'S & 00533201 10-22.2005 10-22-2006 EACH OCCURRENCE $1000 CONTRACTOR'S PROT. FIRE DAMAGE $100 An one fire II MEDICAL EXPENSES $ 5 (Anyone rson AUTOMOBILE LIABILITY II ANY AUTO COMBINED SINGLE LIMIT $ II ALL OWNED AUTOS 11 SCHEDULED AUTOS BODILY INJURY $ (Per Pelson II HIRED AUTO II NON -OWNED AUTOS BODILY INJURY $ Per Accident 11 GARAGE LIABILITY [,PROPERTY DAMAGE $ EXCESS LIABILITY II EACH OCCURRENCE $ II OTHER THAN UMBRELLA AGGREGATE $ FORM 11 WORKER'S COMPENSATION STATUTORY AND EACH ACCIDENT EMPLOYER'S LIABILITY OISEASE•POLICY LIMIT $ DISEASE -EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEMCLESIRESTRICTIONS/SPECIAL ITEMS: THE CERTIFICATE HOLDER LISTED BELOW IS AN ADDITIONAL NAMED INSURED PER FORM CO 20 10 (10/01) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL SO DAYS WRITTEN NOTICE TO THE CITY OF MERIDIAN CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY 33 E IDAHO AVE KIND UPON THE COMPANY ITS AGFNTSOR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE MERIDIAN ID 83642-2631 o 'Ro��_-;L Certificate Holder's copy 02/19/2004 09:13:35 AM LN JUN 15 '06 11:20 1 888 779 0748 PAGE.02 A ORP. CERTIFIC OF LIABILITY INSURA E DATE (MMMOIYYYY) 05/02/2006 PRODUCER (512) 754-2700 FAX (512) 754-2717 Benchmark Insurance Group, Inc. P.O. Box 1687 San Marcos, TX 78667-1687 Scott Burton THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL # INSURED Fountain People, Inc. Call -ex Partners, LTD. TexCal Partners, L.P. P.O. Box 807 San Marcos, TX 78667 INSURERA: CNA Insurance Company INSURERB: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE (mmingrm POLICY EXPIRATIONDATE DATE IMMIDQWn LIMITS GENERAL LIABILITY 2088125208 11/10/2005 11/10/2006 EACH OCCURRENCE $ 1,00 00 , A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FX OCCUR DAMAGE TO RENTED $ Inca)100 00 MED EXP (Any one person) $ 5,00( PERSONAL & ADV INJURY $ 1,000,00( GENERAL AGGREGATE $ 2,000 00 GENL AGGREGATE LIMIT RO- APPLIES PER: PRO- LOC X POLICY PRODUCTS - COMP/OP AGG $ 1,000,00C AUTOMOBILE X LIABILITY ANY AUTO C208138S215 11/10/2005 11/10/2006 COMBINED SINGLE UMIT (Es acddent) $ 1,000,00 A X X ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON-0WNEDAUTOS BODILY INJURY $ (Per person) BODILY INJURY (Peracddent) $ PROPERTY DAMAGE $ (PerWdderd) GARAGE LIABILITY AUTO ONLY - EA PaCCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY OCCUR FICLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC 281385229 11/10/2005 11/10/2006 X WCSTATU- I 7[UTH- UbdrrS E.L. EACH ACCIDENT $ 500,00 A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDED7 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -EA EMPLOY $ SQQ,QQ E.L. DISEASE - POLICY LIMIT $ 500,00 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Fountain People, Inc. P.O. BOX 807 San Marcos, TX 78667 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE rl Scott Burton/]WEBS MI wrxu Au tLvw 1/VO) ©ACORD CORPORATION 1988 IS1693 CERTIFICATE OF INSURANCE WESTERN COMMUNITY INSURANCE COMPANY P.O. BOX 4848 POCATELLO IDAHO 83205 - 4848 ISSUES THIS CERTIFICATE AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THE INSURANCE AFFORDED IS SUBJECT TO ALL TERMS, EXCLUSIONS, AND CONDITIONS OF THE POLICIES. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSURED NAME AND ADDRESS ALAN YARRINGTON DBA RECREATION IDAHO YARRINGTON J ALAN DB PMB 234 RECREATION IDAHO 104 E MERIDIFAIRVIEWAN ID AVE 104 E FAIRVIEW AVE P MERIDIAN ID 83642 POLICY NUMBER BC933201 EFFECTIVE DATE 10/22/05 EXPIRATION DATE 10/22/06 12:01 AM STANDAR TIME AT THE INSUREDS ADDRESS AS STATED HEREIN. AGENT 808 BIRD RODNEY 208-888-1821 TYPE OF INSURANCE LIMITS OF LIABILITY *'*GENERAL LIABILITY OCCURRENCE BASIS*** GENERAL AGGREGATE LIMIT (OTHE THAN PRODUCTS/COMPLETED OPERATION PRODUCTS/COMPLETED OPERATIONS AGGREGATE LIMIT PERSONAL AND ADVERTISING INJURY LIMIT EACH OCCURRENCE LIMIT FIRE DAMAGE LIMIT MEDICAL EXPENSE LIMIT $2,000,000 $2,000,000 $1,000,000 $1,000,000 $100,000 ANY ONE FIRE $5,000 ANY ONE PERSON IN THE EVENT OF ANY MATERIAL CHANGE IN, OR CANCELLATION OF SAID POLICIES, THE UNDERSIGNED COMPANY WILL ATTEMPT TO GIVE 10 DAYS WRITTEN NOTICE TO THE PARTY TO WHOM THIS CERTIFICATE IS ISSUED. AUTHORIZED REPRESENTATIVE 10/24/05 DATE ISSUED IDSCHD THE ANORICAN INSTITUTE OF ARCAECTS 205951 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Jade II, Inc. dba: Recreation, Inc. PMB #234,104 E. Fairview Ave. Meridian, ID. 83642 OWNER (Name and Address): Meridian Parks & Recreation 11 W. Bower St. Meridian, ID. 83642 SURETY (Name and Principal Place of Business): North American Specialty Insurance Company 960 W. Broadway Ave. Ste. 420 Boise, ID. 83704 CONSTRUCTION CONTRACT Date: May 29, 2006 Amount: $135,475.00 Description (Name and Location): Adventure Island Splash Pad: Equipment Purchase BOND Date (Not earlier than Construction Contract Date): June 8, 2006 Amount: $135,475.00 Modifications to this Bond: X None CONTRACTOR AS PRINCIPAL Company: Jade II, Inc. dba: Recreation, Inc. Signature: Name and Title: SURETY (Corporate Seal) Company: (Any additional signatures appear on page 3) ❑ See Page 3 (Corporate Seal) North American Specialty Insurance Cleemln-F, pany y Signature:, Name and Title: MaryJ uier , ttomct (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Post Insurance Services, Inc. P.O. Box 8447 Boise, ID. 83707 N/A AIA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 THIRD PRINTING . MARCH 1987 I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, execu administrators, successors and assigns to the Owne1W the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected With the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon M& practicable after the amount is deterrRWd, tender payment therefor to the Owner, or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if not liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non- performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. AIA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 ED.. AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING . MARCH 1987 A312-1984 2 10 Notice to the Surety, the Owner cg& Contractor shall be mailed or delivered to the ad4W shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: by the Ownsettlement of insurance or other claims for dams to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement betwen the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: &'t' Signature: Name and Tit V Name and Title: Address: � a��I 16V C, FAf")Eiu' Address: ci -,mob 53�gj. AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312_1984 3 THIRD PRINTING • MARCH 1987 THE AORICAN INSTITUTE OF ARCOECTS :uuuu d# 2059515 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or otheir party shall be considered plural where applicable. CONTRACTOR (Name and Address): Jade II, Inc. dba: Recreation, Inc. PMB #234,104 E. Fairview Ave. Meridian, ID. 83642 OWNER (Name and Address): Meridian Parks & Recreation 11 W. Bower St. Meridian, ID. 83642 SURETY (Name and Principal Place of Business): North American Specialty Insurance Company 960 W. Broadway Ave. Ste. 420 Boise, ID. 83704 CONSTRUCTION CONTRACT Date: May 29, 2006 Amount: $135,475.00 Description (Name and Location): Adventure Island Splash Pad: Equipment Purchase BOND Date (Not earlier than Construction Contract Date) Amount: $135,475.00 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Jade II, Inc. dba: Recreation, i af* Signature:a , a --r Name and Titl (Any additional signatures appear on page 6) June 8, 2006 X None SURETY Company: ❑ See Page 6 (Corporate Seal) North American Specialty Insurance Company Signature:,z Name and Title: Mary J quier Attom-In- act (FOR INFORMATION ONLY - Name, Address and Teleph6hi?) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Post Insurance Services, Inc. P.O. Box 8447 Boise, ID. 83707 N/A AIA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND . DECEMI3 =R 1984 ED.. AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20008 A312-1984 4 THIRD PRINTING. MARCH 1987 I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executAft administrators, successors and assigns to the Owo pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor. .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the parry to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, thety shall promptly and at the Surety's expense take the ng actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND . DECEI* R 1984 ED.. AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312_1984 5 THIRD PRINTING . MARCH 1987 Bond shall be construed as a statut nd and not as a in the Co r> tion Contract, architectural and common law bond. engineering s es required for performance of the work of the Contractor and the Contractor's 14 Upon request by any person or entity appearing to be a subcontractors, and all other items for which a potential beneficiary of this Bond, the Contractor shall mechanic's lien may be asserted in the jurisdiction promptly furnish a copy of this Bond or shall permit a copy where the labor, materials or equipment were to be made. furnished. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms `labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) ignature:+64*14;13. r Signature: Name and Name and Title: Address:d� 6'. AwAv) Ove" Address: DIR :D $3bVL;, AIA DOCUMENT A3129 PERFORMANCE BOND AND PAYMENT BOND -DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 6 THIRD PRINTING . MARCH 1987 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: TERRY S. ROBB, WILLIAM F. POST, and MARY JAQUIER JOINTLY OR SEVERALLY Its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TEN MILLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24d' of March, 2000: "RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." ` , ry ON�1/j /' nlnR�ry,tyr� By $t`� �rt �ng�•►r�� g i• 6 tr4iTlr Yr++1G L Steven P. Anderson, President & Chief Executive Otiicer of Washington International Insurance Company & my Vice President of North American Specialty Insurance Company SEAL EAL //I//Ilry illiiilN�P�� By David M. Layman, Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 23rd day of January 2006 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 23rd day of January 20 06 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. ki II 1CileL SE+4C°' SUSAN ANS. v NewryPuNic,StateoiOws Susan Ansel, Notary Public MY CoirsriWoii I:*1" Ti6t2i106 I, James A. Carpenter the duly elected_ Assistant ecretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 8 day of June 20 06. James A. Carpenter, Vice President & Assistant Secretary of Washington international Insurance Company & North American Specialty insurance Company June 16,2W6 SHP 06-004 MERIDIAN CITY COUNCIL MEETING June 22, 2006 APPLICANT Meridian Joint School District No. 2 ITEM NO. 5-S REQUEST Request for Short Plat Approval for 2 building lots on 12.3 acres in an I-L zone for Lanark Surplus Subdivision — 2311 East Lanark Street 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: See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. r June 16, 2006 MERIDIAN CITY COUNCIL MEETING June 22, 2006 AZ 06-003 APPLICANT Hightower, LLC ITEM NO. 5-T REQUEST Development Agreement — Request for Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C -C (3.68 acres) for Hightower Subdivision — swc of Chinden and Jericho 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: OVA SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: E s c P r Date: Phone: gu 1, 999 U Emailed: rnmc 0a61f�nc 4 re4 Staff Initials: s _ Materkrls presented at public meetings shall become property of the COY of Meridian. ADA COUNTY RECORDER SID NAVARRO AMOUNT .00 85 BOISE IDAHO 06/29/06 02:43 PM EY D— Thompson RIII I'II'II'IIIIIIIIIII'II'II'II'II �II ECORCORQED—REQUEST OF of Meridian 106104202 Cita DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Hightower, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this I day of LT ne, . , 2006, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', and Hightower, LLC, whose address is 8312 W. Northview, Suite 120, Boise, Idaho 83704 hereinafter called "OWNER/DEVELOPER". 1. RECITALS: 1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-8) Medium Density Residential, (R-15) High Density Residential, and (C -C) Community Business District (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ 06-003) HIGHTOWER SUBDIVISION PAGE 1 OF 11 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 6h day of June, 2006, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER/DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: DEVELOPMENT AGREEMENT (AZ 06-003) HIGHTOWER SUBDIVISION PAGE 2 OF 11 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a parry to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER/DEVELOPER": means and refers to Hightower, LLC, whose address is 8312 W. Northview, Suite 120, Boise, Idaho 83704, the party developing said "Property" and shall include any subsequent owners and/or developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-8 (Medium Density Residential District), R-15 (High Density Residential District) and C -C (Community Business District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Unified Development Code which are herein specified as follows: Construction and development of a Certificate of Zoning Compliance shall be submitted to the City of Meridian prior to a future development in the R-8, R-15, and C -C zones, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 06-003 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT (AZ 06-003) HIGHTOWER SUBDMSION PAGE 3 OF 11 • 0 5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has submitted to "City" an application for conditional use permit site plan dated January 17, 2006, and shall be required to obtain the "City's" approval thereof, in accordance to the City's Zoning and 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. No new buildings are approved for construction under this conceptual CUP/PD application. All future buildings shall require approval of a detailed CUP prior to submittal of any Certificate of Zoning Compliance application and/or building permit 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: 1. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be consistent with the owner/developer's conceptual plan unless otherwise modified by other provisions of the Development Agreement. 3. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 4. That all future uses and lots on this site shall conform to the District Regulations and Allowed Uses contained in the Unified Development Code (UDC), in effect at the time of development. 5. That the owner/developer will be responsible for all costs associated with the sewer and water service extension. 6. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City DEVELOPMENT AGREEMENT (AZ 06-003) HIGHTOWER SUBDIVISION PAGE 4 OF 11 0 0 Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 7. That prior to any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 8. That development of the commercial lots shall comply substantially with the submitted sample elevations and materials list in Exhibit A of the staff report for the hearing date of April 6, 2006. 9. That development of the residential lots shall comply substantially with the submitted sample elevations and materials list in Exhibit A of the staff report for the hearing date of April 6, 2006. 10. That owner/developer shall place five (5) gallon arborvitae at four feet on center along the shared property line of the adjacent property to the west owned by Tom Buuck. 11. The homes on Lots 2, 3, 4, and 5 of Block 10 shall be limited to 25 feet in height. 12. That the owner/developer consents to the vacation of Jericho Road, and agrees to submit an applicant for Vacation or Exchange of Right- of-way for Jericho Road to the City of Meridian and to the ACHD prior to or concurrent with submittal of a final plat application. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner/Developer" or "Owners/Developers" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67- 6509, or any subsequent amendments or recodifications thereof. 8• CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMENT AGREEMENT (AZ 06-003) HIGHTOWER SUBDIVISION PAGE 5 OF 11 a • "Owner/Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner/Developer" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9• INSPECTION: "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms 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 "Owner/Developer" 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 "Owner/Developer's" cost, and submit proof of such recording to "Owner/Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. DEVELOPMENT AGREEMENT (AZ 06-003) HIGHTOWER SUBDMSION PAGE 6 OF 11 • 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner/Developer" shall have thirty (30) 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 thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner/Developer" 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, strikes 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 Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner/Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". DEVELOPMENT AGREEMENT (AZ 06-003) HIGHTOWER SUBDIVISION PAGE 7 OF 11 0 • 16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de - annexation if the owner 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 (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: C/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: Hightower, LLC 8312 W. Northview, Suite 120 Boise, ID 83704 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 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. 19. 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 DEVELOPMENT AGREEMENT (AZ 06-003) HIGHTOWER SUBDMSION PAGE 8 OF 11 9 t constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the ."Owner/Developer" 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 provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner/Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing re -zoning of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning DEVELOPMENT AGREEMENT (AZ 06-003) HIGHTOWER SUBDIVISION PAGE 9 OF 11 0 0 Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER /DEVELOPER HIGHTOWER, LLC _ CITY OF MERIDIAN By: MAYO MY de COF 4, Attest: iv �CITY CLVy- �r���rraara ros�a��s4�' DEVELOPMENT AGREEMENT (AZ 06-003) HIGHTOWER SUBDIVISION PAGE 10 OF 11 0 STATE OF IDAHO ) ss County of Ada ) 0 On this ± day of _, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Carl Baker on behalf of Hightower, LLC, known or identified to me to be a managing member of said corporation, who executed the instrument on behalf of said corporation, 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. (SEAL) � � '!� Notary Pub 'c or I !#j Residing at: My Commission Expires: STATE OF IDAHO ) ss County of Ada ) )Q)%k fh Lo. -tom On this day of _ , W/V ,,, , 2006, before me, a Notary Public, personallv appeared and William G. Berg, Jr., know or identified kAt 6utli l to me to be the and Clerk, respectively, of the City of Meridian, who executed the 'Ci`Y��iGIAnt 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 (SEAL) DEVELOPMENT �1G�rl, rrlc Notary Public for Idaho Residing at: /bgg� +'C% Commission expires: 03) HIGHTOWER SUBDIVISION PAGE 11 OF 11 CITY OF MERIDIAN PLANIQING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 Exhibit B: Legal Description - Subdivision FOX Land Surv&y .sf Inca 4886 Qnretf_d� &T8 162 d &W. a ear.,. A PAX ANNEE1tfAMN t}ESCRip- opi A PORTION OF TME NORTr % OF TW "ORTaEasT % OF SECTION, 3%-• ToW�tsrifP 4 AMAST, t OrSE �ILERfp/AM A.A , kMWO NORM RfE f E A Portionof the North*" % of the Northeast Y' � ' follows1 East, Boise Meridian an Ada Idaho 1°rt 30. Township 4 North, as ' more Particularly describeddas ttia of Beginning at a found grass Ott m 8 1 Northeast comer section 30 , found Brass Cap { to fine t �K V Ole North y North West a tfistance Of 2,633.96 tri thence along the '?WB' North 89m6145' Northerly l+ Of Sectio 30 and the Center firm of State Highway fine osf J OM 8 R � a distance of 1,341.913 feet tG its �on with t the Center. the TRUE PCeff OF NNBYG; then(* a" the Center fine of Jericho Road, South 00-29-46- (West, a di feet to its intersection with the Eastseryrpr g Of Me stenos of tautmy of * Deedop 36 erty Deed Instrumdes� Inent t Nwriber 104154997;&Wnm1 and A11111 Rej, tfafives thence 56 feet along to �begiruriny prolongation fOOnVnOn bmindarY, North x°43'30' West a distance of a curve to the kft thence along said Curve to the l0ft having a length of 31.42 45 6'30" tarVw is of 2D 00 feet artd a ' a radios of bows feet a central angle of 90"ofy(V W� �. a ffistance of 28,28 feet to a found 4 inch km Which bears South Nurtheasf 1164 Ccurrerof Section 30, ntarfcing the Nortft- therr,ce continuing atong � � #mr1Instranent N � of y d�Crll in Warranty Deed 00'14'StY 4+1/ a distance .a5 feet � � 1Q415�J7, South Section 30 and -1�► te2rst 1/&4* comer RepresentaWes Deed � efyMrw � to y described in Personal Deed tn� Ntirydw 1041M46, iti47549.97 and peel Representaiives thence along the North 1t f e ire sof Section � � c�or'rt Of ,North 89°56',42' Yom, a � of 658'63 feet tot Ce�� M of said / 6' Section �; Exhibit B Page 1 CITY OF M&KDIAN PLANG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 thence along the NOrth-South Center line of Section 30, NOrth OO.W27" East, a distance of 857.63 feet to a found 5/8 Inch rebar with plastic cap starnped 'PLS 4118" marking the , esW of mer common to Pr� Y described in Personal vVawmty Deed Instrurnent Numberr 102036M. thence along the common boundary Of said properties, South &p46'S6" E 503.68feet to afound './, Inch rebar with no cap marking an � a distance of �I angle point In said b4undarSr thence continuing' Re along the cO rimon boundary of property described in Personal presentaWes Deed Instrument number 104154997 and Wwranty [lead [nstrum Number 102036999, North W*44'44' East. a distance of 432. ()o feet to a found 1!2 Incerrht rebar with no cap marking the Northerly common comer thereof, an the Southerly Right -of - Way of State Highway 20f26; thence North (**W=15" EWA a distance of 40.00 feet to a point on they Of Section 30 and the Center line of State Highway 20/26; � ` e said feet tv feet the TRUE ppm OF F REGI NING 89-51-45- " a distant a of 786.76 Containing 1,046,952 square feet 24.034 acres, more or fess Refer to attached ketch. Fox [.and Soya, Inc. Tkrrothy J• FOX, President, PLS 7612 END OF DFSCRY!?'TiON TJF.taj A+:1precbl20p5�D5 pfr; ctoc Exhibit B Page 3 REV APMgVAL. BY ` J.".11 17 MEA101AN PUBLIC WORKS DEPT. CITY OF MERIDIAN PLAN NG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 atter Tit c eaaa tta, are 4e2 n Oolw410 A 83705 a 208-342-7f r t4 �7ets7 FAX CC REZONE DESCRIPTION A PORNON OF THE NoRTm MST is OF Me NORnmAsT'fs OF SEcnORE 30, TOwNSHip � NORTH, RAn►aa'i Frit, SOME WWI^ ADA COuWy' bA[40 A Portion of the Northwest t a Of they Northeast % Of Section 30, Township 4 North, fRa e'1 East, Boise Meridian, Ada County, Idaho, more particularly described as Beginning at a found Brass Cap Monument marking the Northeast Corner Of Section front which a found Brass Cap Monument marking the North'/ Corner thereof bears North 89'51'45° West, a distance of 2,633.98 feet thence along the Northerly boundary of Section 30 and the Center line of State Highway 20!26, North 89"51,4W West, a distance of 1,697.59 feet to the TRUE POINT OF BEGINNING; thence South 00'16W West, a distance of 371.75 feet to a point thence North 89°43'30° West, a distance of 433.76 feet to a point on the common boundary Of property described in Personal Representatives Deed Instrument Number 104154997 and Warranty Dead Instrument Number *1020369%; thence along the common boundary of said ft North x°44'44° East, a distance, of 370.72 feet its and intersection why e�cte erste thereof, State Highway 20M, the Gen#ar line of thence along said Center line, South 89°51'4W East, a distance of 430.72 feet to the TRUE POINT OF BEt;tNNiN I Containing 160,459 square fee, 3.683 acres, more or less. Refer to attached sketch. Fox Land Surveys, Inc. Timothy J. Fox, President, PLS 7612 TJF:4 END OF DESCRiIi!' OR W:V$Mecrsl W:V) i-M4_P0 4CCdewj-I4-06.doc RE�A-PP BY MER1014% pUOUG WORK Exhibit B Page 5 r - CITY OF MERIDIAN PLA ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 lS�l$ W erlaeed IN, M 162 d Boise, ID d ;no - 3424W7 R8 REZONE DESCRIPTION A PoRrro� op T"E NORTt ESr % of rHE Nc>rrT�i RANGE 1 EAST,Ncxse M�fit, Ana COUNTY. Inas easT 3'. OF SEcriotu 30 TOWAOMP 4 NORTH, A Portion of the Northwest / of the Northeast y of Section 30 , T Range 1 East, Boise Meridian, Ada County, Idaho, more Township 4 North, follows; particula riY described as Beginning at a found Brass C from which a found Brass Cap MaMnumen# rna narking then Northeast Comer of Section 30, 89°51'450 West, a distance of 21633.96 feet; n9 the Norah /, Comer therea b ai's N rrlh thence along the NorthenY' boundary West, a distance of 2, 3.96 feet to a found B SWUM 30 and the Center t m of, North 8 9 °51'45° Comer thereof; found t3ra5s Cap Moraulnerat marking a q the North 1 thence along the North South of 471.72 feet to a found 5U center line of Section 30, South 0030'27= W described €n Personal Representatives inch rebarmarking the Wester! coa distanee Deed Instrument Number102036M, Leel If? ent Number �r common499 anon y the TRUE t�tAlT Gurnber 1 Q41v4397 and Warrant EGINNING; feet io analongthe common boundary thereof, South 69°.9'56' East, a distance of 503. g point in the core boundary of said properties, 66 thence along the Southerly pr*dion of the North-South common bounds r+ent Number 104154997 artd W property point;Deed Instrument Number 1(2fl3+ 99, South 000 . # West 8 distance of 7 an a"+� 57feettoa thence Fouth 89°45'1(' East, a distance of 172.58 feet to the curve to the left; beginni of a � non.#angent thence along said curve to the left having a lata central angle of 90*01 y length of 31.42 feet, a radius of 45°16'30' West, a distance tangents of 2fl.tlti feet, and a long 20 00 fes#, a Northeast 1/64"' �°e of 26.28 feet to a point of non -tag chord which bears South comer of Section 30, marked non -tangency and ft Northwest_ by a find 4 Inch Iron pipe; thence slang the West -East 1/64"'1' of Section 3t) 660.55 feet to the Center-Wzt Ncutheast 1/64(' ' South 00°14'50' W corner thereof;, a distance of thence along the North 1116' line of Section 30, North 89a ' 668.63 feet to the Center North 'Ile comer Of 56 42° W Section 3fl; �� a distance of Exhibit B Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 "hence along the North-South center line of Section 30, North o!°30-Zr East, a distance 857.63 feet to the TRUE POINT OF BEGINNING; of Conte" dng 536,16,5 square feet, 12.308 acres, more or less. Refer to attached sketch. Fox Land Surveys, Inc. Timothy J. Fox, President, PLS 7612 END OF DESCRIPTION By OV¢1� 1—j 11" MERIDIAN PUBLIC WORKS DEPT, Exhibit B Page 8 CITY OF MERIDIAN PLANDTING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 FOX Lan --a Surveys W c'h►eA'ft.,.e as R15 REZONE DESCRIPTION A PonTmN Ota THE NoRTtWEST % OF THE NORTHEAST % of SEC nOU 0 NORTH, RANGE 1 EAST, BojW MEDIAN, ADA COUM.V, L Z- TotnrNstpp I A Portion of the Northwest 1 of the Northeast / of Seatlon 30, Tovmship 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described North, follows; as Beginning at a found Bre Cap Monument marking the Northeast Corner of Section 80, from which a found Brass Cap monument marking the North's Comerthereofbears North 89°51'45" Wit, a distance of 2,633.96 feet; thence along the Northerly boundary of Sedan 30 and the Center line 0 , North 89°51'45* West, a distance of 1,341.98 feet to its i Me of State Highway line of Jericho Road the TRUE POINT OF BEGINNING; intersection with the Center thence r tntMet�o� said Center line, South o f th N West, a distance of 649.36 feet to its with a Ise 20.00 feet North of the North 1164 fire of Section 30; thence along a line 20.00 feet North of and line, North 89°43' per with said 1164' 30' West, a distance of 616.56 feet to a point thence North 89°45'1()* W a distance of 172.58 feet to its intersection with the ` OWMffy Pr*ct'on of the common North-South boundary Personal R deed instrument Number 11554997pand U�Warra� in Instrument Number 10203i�9gg; thence to a point along said tion and boundary, North 00°44'+44* E..ast, a distance of 276.85 fat thence South 89°4330° East, a distance Of 433.776 feet to a point; thence North State Highway 20128; ' a distance of 371.75 feet to a paint on the Center line of thence a $aid Center Cine, South 89°51'45* East, a distance of 355.61 feet to the TRUE POINT OF BEGINNING; Containing 350,318 square feat, 8.042 acres, more or. less. Refer to attached sketch. Exhibit B Page 10 CITY OF MtkIDIAN PLAQNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 Four Lanes Surreys, Inc. T�> 'hy J. Fern, President PLS 7612 F.ND OF DFSCRtPT'ION Tp.* W:1i'rcf-&a0b-W-- O" -F VWM*MM*i ..i 4RUJ3-14416}.dor BREVIEW APPRO. Ak JUN is 2006 MERIDIAN PUBLIC Exhibit B Page 11 WORKS DEPT. t •RECEIVED JUN 01 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER Ci O Office A w � F/•AFtllf �' • lilt/ In the Matter of Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R- 15 (8.04 acres) and C -C (3.68 acres), AND Preliminary Plat for 109 single family residential lots, 3 commercial lots, 23 common lots, and 2 private street lots on 22.94 acres, AND Conditional Use Permit for a mixed use development within 300 -feet of a residence, AND a Variance to UDC 11-3H4.2B for allowance of an access point to Chinden Road (US 20/26), for Hightower Subdivision, by Hightower, LLC. Case No(s): AZ -06-003, PP -06-009, CUP -06-004, VAR -06-004 For the City Council Hearing Date of: May 9, 2006 Auuroved on May 16.2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 9, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 9, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 9, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 9, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-003, PP -06-009, CUP -06-004, VAR -06-004 - PAGE 1 of 5 0 6 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of May 9, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated January 12, 2006 (Revised 3-22-06) is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated March 9, 2006 is herby conditionally approved; I The applicant's request for a variance to UDC 11-31-1-4.213 for allowance of an access point to Chinden Road (US 20/26) is hereby granted; 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of May 9, 2006 incorporated by reference, with the following modifications: • That as of a Development Agreement for this, property the applicant consents to the vacation of Jericho Road. and that the owner agrees to submit an mlication for Vacation or Exchange of Ri&1:0-f-wav for Jericho Road to the City_ of Meridian and to the ACRD prior to or concurrent with submittal of a final plat application. • That all lots will meet the minimum frontage requirement of the zone • That two townhouse lots shall be remowd from the development D. Notice of Applicable Time Limits (as applicable) 1. Notice of Eighteen (18) Month Conditional Use Permit Duration C[TY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-003, PP -06-009, CUP -06-004, VAR -06-004 - PAGE 2 of 5 Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. 2. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B - TA, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-003, PP -06-009, CUP -06-004, VAR -06-004 - PAGE 3 of 5 i 0 2. 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 the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of May 9, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -06-003, PP -06-009, CUP -06-004, VAR -06-004 - PAGE 4 of 5 0 0 By action of the Ci Council at its re City regular meeting held on the day of 2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD ATTEST: 1LLIAM G. BE] Copy served upon: �o !JR., TYWm its Applicant Planning Department Public Works Department V.**' City Attorney VOTED _#f— VOTED 464, VOTED VOTED %��JfPiri VOTED _r--- WEERD By: Dated: (/ -q -OLD y Clerk's Office CPPV OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION &ORDER CASE NO(S). AZ.06-003, PP -06-009, CUP -06-004, VA4-06-004 - PAGE 5 of 5 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEAR DATE OF MAY 9, 2006 V^ STAFF REPORT City Council Hearing Hearing Date: May 9, 2006 TO: Mayor and City Council FROM: Josh Wilson, Associate City Planner SUBJECT: Hightower Subdivision • AZ -06-003- Annexation and Zoning of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C -C (3.68 acres) • PP -06-003- Preliminary plat for 109 single family residential lots, 3 commercial lots, 23 common lots, and 2 private street lots on 22.94 acres • CUP -06-004 Conditional Use Permit for mixed use development within 300 - feet of a residence • VAR -06 -004 -Variance to UDC 11-3H4.2B for allowance of an access point to Chinden Road (SH 20/26) • PS -06-006- 2 Private Streets in the proposed R 15 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Hightower, LLC, has applied for Annexation and Zoning (AZ) of 24.03 acres from RUT to R-8 (12.31 acres), R-15 (8.04 acres) and C -C (3.68 acres), Preliminary Plat approval of 109 residential lots, 23 common lots, and 2 private street lots on 22.94 acres, and Conditional Use Permit approval of a mixed use development for Hightower Subdivision. The site is located on the southwest corner of Jericho Road and Chinden Road (US 20/26). The applicant has also submitted a Variance application that will be before the City Council concurrent with the subject applications. The Variance request proposes one new approach to Chinden Road (US 20/26), for a full access roadway named N. Saguaro Hills Way. The Idaho Transportation Department (ITD) has provided a letter dated February 13, 2006 which expresses support of the proposed access to Chinden Road and states that the proposed location conforms to the Access Management Plan agreed upon with the City of Meridian. 2, SUMMARY RECOADIE,NDATION: The Meridian Planning and Zoning Commission heard the item on April 6, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Phil Hull, The Land Group ii. In opposition: Tom Buuck iii. Commenting: None. iv. Staff presenting application: Josh Wilson. V. Other staff commenting on application: None. b. Key issues of Discussion by Commission: i. Limitation on building height for entire development requested by the adjacent Property owner, Tom Buuck. ii. Concessions made by the applicant to the adjacent property owner, Tom Buuck. iii. Configuration of the townhouse lots at the south terminus of N. Torre Way. C. Key Commission Changes to Staff Recommendation: i. Add a restriction to the Development Agreement which states: "The applicant shall place five gallon arborvitae at four feet on center along the shared property line of the adjacent property to the west owned by Tom Buuck." Hightower Subdivision AZ-06-003/PP-06.003/CUP-06-004NAR406-004/PS-06-006 Page 1 CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEAS DATE OF MAY 9, 2006 ii. Add a restriction to the Development Agreement which states: "The homes on Lots 2, 3, 4, and 5 of Block 10 shall be limited to 25 feet in height." iii. Add a Condition which states: "The applicant shall continue to work with the Idaho Transportation Department on the possibility of acceleration -deceleration lanes on Chinden Road as referenced in the letter from ITD dated March 30, 2006." iv. Add a Condition which states: "The applicant shall add a note to the face of the plat that references the Right to Farm Act." v. Add a Condition which states: "The applicant shall work with Planning Department staff on the layout and access of Lots 5-14, Block 6 in order to comply with UDC 11 -6C -3D regarding common drives. The revisions shall be submitted to the Planning Department no later than 10 days prior to the City Council hearing on the applications." d. Outstanding Issue(s) for City Council: i. Variance application for access to Chinden Road (US 20/26). ii. Configuration of Lots 5-14, Block 6 and common drive access to said lots. PROPOSED MOTIONS (to be considered after the public hearing) Approval After considering all staff applicant and public testimony, I move to approve File Numbers AZ - 06 -003, PP -06-003, CUP -06-004, and VAR -06-004 as presented in the staff report for the hearing date of May 9, 2006, with the following modifications to the proposed development agreement: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -06- 003, PP -06-003, CUP -06-004, and VAR -06-004 as presented in the staff report for the hearing date of May 9, 2006, for the following reasons: (you should state specific reasons for denial of the annexation request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ -06-003, PP -06-003, CUP -06-004, and VAR406-006 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reasons) for continuance.) 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: SW comer of Jericho Road and Chinden Road (SH 20/26) Township 4N, Range IE, Section 30 b. Owners: Louise White 6201 N. Jericho Road Meridian, ID 83642 c. Applicant: Hightower, LLC 8312 W. Northview, Suite 120 Boise, ID 83704 d. Representative: Phil Hull, The Land Group Hightower Subdivision AZ-06-003/PP-06-003/CLIP-06-004NAR-06-004/PS4)6-006 Page 2 CITY OF MERIDIAN PLANNII&PARTMENT STAFF REPORT FOR THE HEARIOATE OF MAY 9, 2006 e. Present Zoning: RUT -Ada County f. Present Comprehensive Plan Designation: Neighborhood Center (Mixed Use -Community) g. Description of Applicant's Request: 1. See Exhibit Al (prepared by The Land Group) for a copy of the proposed plat, Exhibit A2 shows the proposed landscape plan, and Exhibit A3 shows a detailed site plan which depicts the lot layout, building, parking and access locations with adjoining subdivisions. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation and zoning as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5 Article B Section 3, a public hearing is required before the City Council on this matter. b. The subject applications will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. C. The subject application will in fact constitute a conditional use / planned development as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5 Article B Section 6, a public hearing is required before the City Council on this matter. d. Newspaper notifications published on: April 17 and May 1, 2006 e. Radius notices mailed to properties within 300 feet on: April 14, 2006 f. Applicant posted notice on site by: May 1, 2006 S. LAND USE a. Existing Land Use(s): Bare land, single family residence. b. Description of Character of Surrounding Area: c. Adjacent Land Use and Zoning 1. North. Castlebury Subdivision, RI (Ada County). 2. West: Vacant land, zoned RUT (Ada County). 3. South: Saguaro Canyon Subdivision, zoned R-4 and Arcadia Subdivision, zoned R-8. 4. East: Westborough Subdivision, zoned R-4, R-8, R-15, and L -O. d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer. There is currently a sewer stub from Saguaro Canyon to the south. Location of water: There are water stubs to the south from Saguaro Canyon and to the east in Jericho Road. Issues or concerns: Conceptual sewer plans show sewer mains with less than the allowed three feet of cover. Proposed five-foot setback off of the private streets does not leave room for the Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004/VAR-06-004/PS-06-006 Page 3 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEAR#ATE OF MAY 9, 2006 common trench utilities. 2. Vegetation: Agricultural/Inigated 3. Flood plain: N/A 4. Canals/Ditches Irrigation: No major facilities 5. Hazards: None identified 6. Size of Property: 24.03 acres Subdivision Plat Information The submitted plat includes an R-8 proposed zone with 66 single-family residential lots, of which 28 units are alley accessed homes located in Block 9 and are approximately 4,700-5,000 square feet in area. These lots are designed to meet the minimum standards of the R-8 district. The lots on the perimeter of the R-8 are larger, with sizes ranging from 5,000-6,000 square feet. The submitted plat also includes 43 lots in an R-15 proposed zone. These R-15 products are townhouse designs and each building would be contained on a lot. These lots are accessed from proposal roadways with reduced 29 -foot street sections and on -street parking will be limited to one side of the roadway. The submittal plat also contains three buildable lots in a C -C proposed zone with commercial uses. Commercial uses are shown to be two approximate 5,000 square -foot buildings and - one approximate 3,750 square -foot buildings. The applicant has not specified specific uses for these pad sites, however they have requested drive through approval for Lot 2, Block 3. g. Landscaping 1. Width of street buffer(s): per the Future Land Use Map, Chinden Road is designated as an "Entryway Corridor." As such, the UDC (Table 11-2B-3) requires a 35 -foot wide street buffer adjacent to the roadway. The landscape plan. (Sheet L1.1) proposes a 35 -foot wide buffer along Chinden. Road. The applicant has also proposed a 25 -foot landscape buffer along Jericho Road, which is not required by the UDC. Staff is in support of the landscape buffers as proposed. 2. Width of buffers) between land uses: Table 11-2B-3 requires a 25 -foot wide buffer between commercial uses on C -C -zoned land and residential uses. Lots adjacent to the Commercial lots shown on the plattsite plan shall include a 25 -foot permanent easement or the 25 feet shall be included in a common lot as defined by the landscaping standards of the UDC. 3. Percentage of site as open space: The UDC does not require open space or site amenities for commercial uses. The open space contained in the residential uses is shown to be 3.52 acres or 18.3 percent and applied as an additional amenity. 4. Other landscaping standards: The landscape buffer along Chinden Road should be constructed in accordance with UDC Chapter 3, Article B. h. Conditional Use Information: 1. Non-residential square footage: 13,750 square feet shown 2. Proposed building height: 50 feet, or C -C standards 3. Percentage of site devoted to building coverage: Not defined Hightower Subdivision ,AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 4 CITY OF MERIDIAN PLANN.DEPARTMENT STAFF REPORT FOR THE HEAL DATE OF MAY 9, 2006 4. Percentage of site devoted to landscaping: 3.52 acres, 18.3% 5. Percentage of site devoted to paving: Not defined 6. Percentage of site devoted to other uses: N/A 7. Number of Residential units: N/A i. Amenities — The applicant is providing a neighborhoodar o la children's play structure. j P open play area,gazebo, and j • Required Residential Standards —:Note: The proposal was not accepted by the planning Department as a Planned Development and the R-8 and R-15 bulk standards apply as found m UDC 11-2A. R-8 (Standards) Setbacks (*all streets local) Proposed Required Street to Living Area 15 15 Street to Garage 20 20 Side 4 4 Rear 12 12 Frontage -alley loadedJ' varies 40 Frontage -garage fronted varies 50 Lot Size -alley loaded 4,630-5,098 4,000 Lot Size -garage fronted 5,000-6,000 5,000 Maximum building height 35 35 R-15 (Standards) Setbacks (*all streets local) Proposed Required Street to Living Area 10 10 Street to Garage 20 20 Side 4 4 Rear 12 12 Frontage varies 0 Lot Size j 3,192-5,500 2,400 Maximum building height 40 40 k. Proposed and Required Non Residential Parking — One off-street parking space required for every 500 square feet of gross floor area. The proposed total building floor area is 13,000 s.f., which requires 28 parking spaces: The submitted site plan depicts 55 spaces and appears to meet the minimum standards of the UDC parking requirements. 1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing one �cw access point to Chinden Road (SH 20/26) to serve the Hightower project at approximately 2,000 feet west of the Chinden Road/ Locust Grove Road intersection. Hightowa Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-064004/PS-06-006 Page 5 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEARSATE OF MAY 9, 2006 i As noted previously, HD must issue an access permit for this access, and the access is fiuther contingent on the Meridian City Council granting a variance to UDC 11-3H. ITD, ACHD, and City of Meridian staffs are supportive of the location of the proposed access to Chinden Road and the location is consistent with TTD's Access Management Plan (see February 13, 2006 letter from Sue Sullivan, TTD). A connection to Chinden at the half mile as required by UDC 11-3H is not practical due to patterns of development and the proposed location is aligned with the Castlebury entrance across Chmden Road to the north. For a detailed report on both ITD's and ACHD's actions and comments, please see the letters/reports submitted with the application materials. 6. AGENCY COMMENTS MEETING On February 10* 2006, staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in Exhibit C. i. COMPREHENSIVE PLAN POLICIES AND GOALS . The subject property is located m a Mixed Use/Neighborhood Center designation on the Comprehensive Plan Future Land Use Map. The Future Land Use Map designates this property as `Mixed Use — Community' with a Neighborhood Center. The purpose of this designation is "to provide a blend of high-density residential, small-scale commercial, entertainment, office and open space uses that are geared to serve all residents within a one to two square mile area. The developments are encouraged to be designed according to the conceptual neighborhood center plan depicted in Figure VII -3. The purpose of these centers is to create a centralized, pedestrian -oriented, identifiable and day -today service oriented focal point for neighborhood districts. The centers should offer an internal circulation system that connects with adjacent neighborhoods or regional pathway(s), They will also serve as public transit locations for future park-and-ride lots, bus stops, shuttle bus stops or other alternative modes of transportation." (See Chapter VII, pg. 95.) Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Mixed Use Area Coma Plan Policies (taken from Cbmcr VIII "All development proposed in these areas will require approval as planned developments under the Conditional Use Permit application process. In these locations, the developer has the option to develop either a neighborhood center in conformance with the City's neighborhood center design ordinance, or develop a conventional mixed use project." A CUP application accompanies the annexation and zoning request, which fulfills the first part of this policy. To date, the City has not adopted a neighborhood center design ordinance. This application is beingprocessed as a "conventional muted use project, " (See next bullet.) "If developing a conventional mixed use project, four specific design elements must be incorporated into the development, a) street connectivity, b) open space, c) pathways, and d) density, not below eight (8) dwelling units per acre." a) Street Connectivity: The development proposes to connect the development with Chinden Road with a single public street, N. Saguaro Rlls Way. There are several other public streets and alleys that are all interconnected to each other and adjacent parcels, and staff is supportive of the street connectivity proposed. Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 6 CITY OF MERIDIAN PI.ANN&PARTMENT STAFF REPORT FOR THE HEARWATE OF MAY 9, 2006 b) ODen Space.• The applicant is proposing to construct a neighborhood park and set aside approximately 18 percent of the site for open -space. The Comprehensive Plan is not more explicit with regard to open space, other than it must be provided somewhere within neighborhood centers. c) Pathways. d) Density: The overall density of this project is 5.50 dwelling units per acre (gross). The residential portion of the project that is within the mixed use area is below the 8 dwelling units per acre target density. Although the density is below the target, most of the proposed lots are between 4,400 and 6, 000 square feet. "The following standards will serve as guidelines for development of the neighborhood center areas: a. Most blocks are 300' maximum, similar to Old Town. b. Larger blocks along arterial streets and for traffic calming. C. Neighborhood Center Commercial area is located at the %z mile, not at arterial intersections. d. Schools are located mid-section, with frontage along a collector street. e. interconnected circulation that is convenient for automobiles, pedestrians, and transit. f. Variety of housing choices. g. Housing is arranged in a radiating pattern of lessening densities. h. Transition between different housing types or densities at alleys. i. Residents can access neighborhood commercial services without being forced onto arterial streets. j. Facilitates more efficient transportation along arterials. k. Grid street pattern within the neighborhood allows traffic to disperse, cases congestion, slows traffic, and is safer for residents. 1. Connects to and integrates with the larger street and pathway system. m Reduced right-of-way widths are encouraged. n- Open space must be provided. o. Unless a Specific Area Plan has been adopted, Neighborhood Centers must be developed under a Planned Development/CUP application." Staff finds that the proposed development generally complies with the design standards of a neighborhood center. (See Chapter VII, pgs 97-98, for the abovemendoned maxed --use polides.) • "Require that development projects have planned for the provision of all public services" (Chapter VIL Goal III, Objective A, Action items 1 and. 4) On February 10, 2006, a joint agency and department comments meeting was held with representatives of key service providers to this property, In that meeting no deficiencies of Public services to serve this property were raised • "Restrict curb cuts and access points on collectors and arterial streets" (Chapter VII, Goal IV, Objective D, Action item 2) The applicant is only proposing one access point to Chinden Road, an arterial roadway. The location of the proposed N. Saguaro Hills Way intersection of Chinden Road is supported by Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004/vAR-06-004/pS-06-006 Page 7 CITY OF MERIDIAN PLANNINISPARTMENT STAFF REPORT FOR THE HEARINOATE OF MAY 9, 2006 staff, however, it is contingent on City Council's approval of the associated Variance application. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VI1, Goal IV, Objective D, Action item 4) The applicant is proposing to construct a 35 foot wide landscape berm along Chinden Road Staff is supportive of this width, as long as the entire buffer lies outside the ultimate right-of- way. &fffinds that the protect e"Oraj'y co orms to the nuraos se taterreents arul intent o� the Coinnrehensive Plan Sta&Iyo finds that the proaosed uses will be harmonious with and in accordance with the, Comprehensive Plan 8. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists retail store/restaurant/ drive thru/ office/ financial institute uses as permitted uses in the C -C zoning district. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. C -G General Retail and Service Commercial District: The purpose of the C -G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building, to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets, to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the municipal water and sewer systems of the city, and shall not constitute strip commercial development and encourage clustering of commercial development. c. Allowed Uses in the Residential Districts: UDC Table 11-2A-2 lists single family detached homes and townhouses as permitted uses in the R-8 and R-15 zones d. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. e. General Off -Street Parking Standards (from UDC 11-3C-5): The following standards shall apply for off-street vehicle parking for nonresidential uses: In all Commercial Districts the requirement shall be gj a (1) space for every five hundred (500) square fig of gross floor area f. Structures Subject to Design Standards (11-3A-19.3.5): All structures on property adjacent to an entryway corridor (Chinden Road) are subject to the design standards listed in this section. g. Outdoor storagetrefuse areas (11-3A-12): Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004/VAR-06-004/PS-06-006 Page 8 CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE HEARINDATE OF MAY 9, 2006 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation The PP/AZ/CUP application appears to substantially comply with the Unified Development Code. However, there are several areas of clarification and some modifications required to both the site plan, cross access, public road design, and building elevations. Below are several special considerations for the P&Z Commission to review at the public hearing: 1. AZ Application (AZ -06-003): Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, Staff believes that this is a good location for the proposed development. Please see Exhibit D for detailed analysis of the required facts and findings for a Zoning Amendment. The annexation legal description submitted with the application (stamped on 12/9/2005 by Timothy Fox, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. -All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. UDC 11 -5B -3D provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Staff believes that a Development Agreement is nexessary to ensure that this moperty is developed in a fashion that is consistent with the comprehensive elan desie�ation and does not neeatively 'mnact nearby properties Staff believes that the Development Agreement should include the following provisions: K2 Residential Buildings• The applicant has requested a maximum of 13,750 square feet of commercial spaces. Staff proposes to limit the applicant to their request with an allowance of up to 20% additional commercial square footage (16,500) for more marketable conditions. The maximum square footage of one single building shall not exceed %a of the maximum buildings. The applicant has submitted sample elevations and a materials list for the commercial products. Staff supports these elevations and materials and recommends that a stipulation requiring substantial compliance with these elevatious/materials upon development of the property be included within the DA - Res' ential Wdin • The applicant has submitted several elevations for both private street accessed townhouses and detached single family residential products, as well as a materials list. Staff supports these elevations and materials and recommends that a stipulation requiring substantial compliance with these elevations/materials upon development of the property be included within the DA. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004/VAR-06-W4/PS.06-006 Page 9 CITY OF MERIDIAN PLANNAPARTMENT STAFF REPORT FOR THE HEARIASATE OF MAY 9, 2006 be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. PP Application (PP -06-003): The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: Land Use Puffers: UDC requires landscape buffers between different land uses. Per UDC 1 I - 3B -9, a 25 -foot wide landscape buffer is required between single-family homes and C -C zoned property. The UDC requires the land use buffer to be provided by the higher intensity use and to be located on the building site of the higher intensity use, unless the adjacent and higher intensity use has not provided the buffer. The applicant is showing a 20 -foot wide buffer between the commercial area and the proposed townhomes. The applicant should be required to create a 25 -foot wide landscape buffer easement along the lots that abut the townhouse lots. Said buffer shall contain materials in accordance with UDC 11-3B-9 and not include impervious surfaces such as parking areas or driveways. Landscape Street Buffers: UDC 11-2B requires a 35 -foot wide street buffer along entryway corridors. Chinden Road is classified as an Entryway Corridor. On the submitted landscape plan, the applicant is proposing to construct a 35 -foot wide street buffer along Chinden Road and the buffer has been placed in a common lot. The applicant has also proposed a 25 -foot landscape buffer along Jericho Road, which is not required by the UDC. Staff is in support of the landscape buffers as proposed. Private tracts: The applicant is proposing two private streets to serve the alley loaded homes in Block 9. The applicant has submitted a Private Street application as required by UDC 11- 3F-3. The private street standards are listed in UDC 11-3F. The applicant shall design and construct the private streets in compliance with the standards listed for Private Streets in UDC 11-3F Private Streets. See Exhibit B and the Findings in Exhibit D. Turnaround on Menara A)=ue: Per comments from the Meridian Fire Department, the applicant shall revise the plat to show a temporary fire apparatus turnaround easement at the terminus of Menara Avenue. Contact the Meridian Fire Department (Joe Silva at 888-1234) to coordinate proper sizing and location of the turnaround. On -street Parking Per ACHD and Meridian Fire Department comments, parking shall be restricted on Menara Avenue, Torre Way, and Torre Place to one side of the roadway due tho the reduced 29 -foot street section. Coordinate with ACRD and the Meridian Fire Department (Joe Silva at 888-1234) for proper signage of the parking restriction. Direct Lot access to Chinden_Road and Jericho Road• Direct lot access to Chinden Road and Jericho Road shall be prohibited and shall be noted on the face of the plat. Common Drives: Lots 5, 6, 7, 8, 11, 12, 13, and 14, Block 6 and Lots 10, 11, 12, 14, 15, and 16, Block 4 shall take access from common drives. Staff has concerns about the co euration of these lots and the applicant should be prepares( to address at the public he ti g by means of a graphic illustration that the driveways and parking pads will be Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004/VAR406-004/PS4)6-006 Page 10 CITY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE HEAADATE OF MAY 9, 2006 desiened and bggLin built'a fashion t11at1lows rens ble vehicular movement to and from the to o . Cross Accm: Because one of the proposed commercials lots does not have frontage on a Public street, the applicant should provide a cross parldng/cross access agreement for all of the lots within the commercial portions of the subdivision to use the driveways and parldng aisles. Ch'nd' d Acc ss: The applicant is proposing one new access point to Chinden Road (SH 20/26) to serve the Hightower project at approximately 2,000 feet west of the Chinden Road/ Locust Grove Road intersection. As noted previously, rID must issue an access permit for this access, and the access is fird= contingent on the Meridian City Council granting a variance to UDC 11-3H. riD, ACHD, and City of Meridian staffs are supportive of the location of the proposed access to Chinden Road and the location is consistent with rM's Access Management Plan (see February 13, 2006 letter from Sue Sullivan, rM). A connection to Chinden at the half mile as required by UDC 11-3H is not practical due to Patterns of development and the proposed location is aligned with the Castlebury Subdivision entrance across Chinden Road to the north. Commercial Streets_ UDC 11-2B requires a 10 -foot wide street buffer along commercial roadways. On the submitted landscape plan, the applicant is proposing to construct a 10 -foot wide street buffer along the north side of W. Hightower Drive. However, the street buffer easements are not labeled on the plat. The applicant should be required to depict the required 10 -foot wide street buffer easements along local roads on the face of the final plat. Common/Open Space• The applicant has a qualified application meeting the requirements of UDC 11-3G. The proposal is showing 18.3% of qualified open space in the residential district which meets the requirements of a minWmun of 5% open space. Ammiti : The applicant is required to provide one amenity per 20 acres. The applicant is showing qualified site amenities as follows: a neighborhood park, open play area, gazebo, and children's play structure. Amenities are generally located centrally and in common lots. These common lots shall be maintained by the Hightower Home Owners Association. The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. Ditches. Latgrals and Canals: Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. The applicant is proposing to tile all of the irrigation facilities located on site. See Exhibit B below. Pressure Irrigation; The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-15). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is used, the developer will be responsible for the payment of assessments for the common area prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with City Code. See Site Exhibit B below. F,gagin : The applicant has not submitted a detailed fencing plan with the applications. A detailed fencing plan should be submitted upon application of the final plat (UDC 11-3A-7). If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-0p NAR-06-004/PS-06-006 Page 11 CITY OF MERIDIAN PLANNI&PARTMENT STAFF REPORT FOR THE HEARIRATE OF MAY 9, 2006 3. CUP Application (CUP -05-052): The proposed Conditional Use request substantially complies with the Zoning Ordinance. Refose/Service Area Screen: UDC 11-3A-12 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. The applicant's CZC application must clearly demonstrate how this standard is met. Parking: One off-street parking space required for every 500 square feet of gross floor area. The proposed total building floor area is 13,750 square feet, which requires 28 parking spaces. The submitted site plan depicts 55 spaces and appears to meet the minimum standards of the UDC parking requirements. Drive Through: The applicant has requested approval of the drive through lane on Lot 2, Block 3 as part of the Conditional Use Permit. Staff finds that it complies with UDC 11-4- 3.11 and should be approved with the application. DesiM Review Standards: UDC 11-3A-19 requires that all structures located on Entryway Corridors (as identified on the 2002 Future Land Use Map) be subject to administrative design review standards. Chinden Road in this location is an Entryway Corridor, and the applicant has submitted a Design Review application for concurrent review. Staff is supportive of the submitted application with the following comments: 1. Architectural Character: The submitted sample building elevations conform with the architectural standards as follows: • The proposed modifications exhibit fagade modulations, roof line recesses and Projections along a minimum of 20 % of the length of the fagade as required; • The proposed modifications clearly define primary building entrances and awnings, windows, or arcades total a minimum of 30% of the fagade length; • The proposed modifications demonstrate roof lines which demonstrate overhanging eaves, two or more roof planes, varying parapet heights, and cornices; • The proposed modifications exhibit at least two changes in color, texture and materials; and • The proposed modifications screen all ground -level and rooftop mechanical equipment as viewed from the property line. 1. Color and materials: The submitted building elevations demonstrate the appearance and use of high quality materials, such as stone and stucco and do not contain prohibited materials or construction. 2. Parking Lots: No more than 70% of the off-street parking area for the structure shall be located between the front fagade of the building and abutting streets. The site currently contains existing parking in front which is 52% of the total for the building, and satisfies this requirement. 3. Pedestrian Walkways: Staff finds that the proposal does not meet the pedestrian walkways requirements, and changes should be as follows: • A continuous pedestrian walkway that is a minimum of eight feet in width shall be provided from the perimeter sidewalk to the main building entrance. The proposal does not depict this required walkway, and staff finds that the applicant shall modify the site and landscape plans prior to submittal for Certificate of Zoning Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004/VAR-06-004/PS-06-006 Page 12 CITY OF MERIDIAN PLANNINPARTMENT STAFF REPORT FOR THE HEARINOATE OF MAY 9, 2006 Compliance to include a walkway from the sidewalk along W. Hightower Drive to the building which complies with this requirement. The walkway shall also be distinguished from the vehicular driving surface through the use of pavers, brick, or colored/scored concrete. 4. Variance Application (VAR -06-006): Section 11-3H-3 of the UDC does state that the City Council may consider and apply modifications to the standards of Article H upon specific recommendation of the Idaho Transportation Department (IM). In a letter dated February 13, 2006, the ITD states: "Direct access from this development to US -20/26 will be allowed as established by the Access Management Plan developed by the City of Meridian and IT D. Access will be allowed to US - 20/26 via N. Saguaro Hills Way." The letter also states that "the applicant should be made aware that in conjunction with said Access Management Plan, the long term future of Jericho Road may be restricted to Right-in/Right-out or closed." There are physical characteristics of the site which demand access points be constructed that are more unique or different than other properties along Chinden Road (US 20/26). As stated above, the future of Jericho Road is uncertain, and access to Chinden Road at Jericho Road may either be restricted or closed entirely in the future. If access to Chinden Road were not granted, it is possible that in the future the access to this development may be eliminated if Jericho Road was the only access point. Granting the access point to Chinden Road (US 20/26) has the potential of increasing traffic conflicts due to the increased number of vehicles that will need to merge with existing traffic. However, the proposed alignment of N. Saguaro Hills Way is preferred to the existing alignment of Jericho Road, because it lines up with an existing access on the north side of Chinden Road, Castlebury Avenue. 9b. Staff Recommendation: Based on the above analysis, staff finds the AZ/PP/CUP/VAR applications substantially conform with the adopted Comprehensive Plan policies and UDC standards. Provided that concerns raised herein can be addressed at the public hearing, we recommend approval of the AZ/PP/CUP/VAR applications with the conditions shown in Exhibit B. 10. EDITS A. Drawings/MaterialwThotos 1. Preliminary Plat (dated January 12, 2006, Revised 3-22-06) 2. Landscape Plan (dated March 8, 2006) 3. Site Plan (dated March 9, 2006) 4. Materials List S. Proposed Elevations (no date) B. Legal Descriptions C. Conditions of Approval 1. Planning Department 2. Public Works 3. Fire Department 4. Police Department Hightower Subdivision AZ-06-003/PP-06-003/CUP-06-004NAR-06-004/PS-06-006 Page 13 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEAR�WATE OF MAY 9, 2006 5. Parks Department 6. Sanitary Services 7. ACHD D. Required Findings from UDC -- 1. Annexation 2. Preliminary Plat 3. Conditional Use Permit 4. Variance 5. Private Street Hightower Subdivision AZ-06-003/PP-06.003/CUP-06-004NAR-06-004/PS-06-006 Page 14 CITY OF MERIDIAN PLANN&EPARTMENT STAFF REPORT FOR THE HEARODATE OF MAY 9, 2006 Exhibit Al: Preliminary plat (dated January 12, 2006 Revised 3-22-06) fill f1fff1!1ff1 i 1 aaaaa aaaa Exhibit A Page 1 - , .... , OR (� Prt Exhibit A Page 1 CITY OF MERIDIAN PLANNINAARTMENT STAFF REPORT FOR THE HEARINSE OF MAY 9, 2006 fie Bxiu'bit A Page 2 Ana P ary Pw N 4i � Hr e CITY OF MERIDIAN PLANNIIIDEPARTMENT STAFF REPORT FOR THE HEAR>ATE OF MAY 9, 2006 ExhibitA3: Site Plan (dated March 9, 2006) Exhibit A Page 4 �I�dRfillip It p'mrileii a6�1 irrQ ms . 1 � :! II 1P1 i� NIOH'FO4VER SUBDMSION cawkbw um eft pim 1 CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE HEAROATE OF MAY 9, 2006 Exhibit A4: Materials List Commercial Materials List Stucco exterior walls Architectural composition shingle roof or We on pitched roof areas Built up roof on flat roof areas g Aluminum/Glass storefront doors and windows Canvas Awnings Rock/Brick/Wood detailing >; Concrete or Brick walks Striped asphalt drives and parking areas Professianally landscaped perimeter and interior planter areas Residential Materials ig Composition Shingle Roof - Architectural grade and above Horizontal lap siding (wood or similar product type) or combination of lap siding and stucco 4 Rock, Brick or Wood detailing iy Vinyl or Wood windows Wood or Stucco trim Concrete or Brick walks Concrete driveways 4 Wood fascia 4 Wood railings Aluminum or Copper gutters Grass mow strip Advanced caliper tree in front yard Exhibit A Page 5 CITY OF MERIDIAN PLAN NWEPARTMENT STAFF REPORT FOR TELE HEADATE OF MAY 9, 2006 Exhibit A Page 7 CITY OF MERIDIAN PLANN*DEPARTMENT STAFF REPORT FOR THE HEAR DATE OF MAY 9, 2006 Exhibit A Page 8 CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HEAR DATE OF MAY 9, 2006 Exhibit A Page 9 CITY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE HEARIJDATE OF MAY 9, 2006 Exhibit A Page 10 I u CITY OF MERIDIAN PLANISDEPARTMENT STAFF REPORT FOR THE HEAR*DATE OF MAY 9, 2006 Exhibit A Page 12 CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR THE HEA* DATE OF MAY 9, 2006 Exbibit A Page 13 CITY OF MERIDIAN PLANADEPARTMENT STAFF REPORT FOR THE HEAR DATE OF MAY 9, 2006 Exhibit A Page 14 CITY OF MERIDIAN PLANNWEPARTMENT STAFF REPORT FOR THE HEARODATE OF MAY 9, 2006 Exhibit A Page IS i. yyt . fe131 , 1� o- 7. f, L. f. x: 1 +f 1 b7 tvf i `�L � F,� •$ 11 if '-7*r sit k A Rl n � rf � k• I _� yY'r�p''rY,Y f 7 Y 7' z I ii�. IN Va■ - i � `£cs..•M r N` -,fir { jrr�yrS}A s �Ifi�l 11 �� n� �`•y �TS°M' � .�f,, t ['��' '^s. `� ` " Y��F �. � F✓d - # ��' xs '. .;� .. ..E �. X�. P.{,"•�i �',J:. _„ ..7��'La X52 ,� 3. r i. �i I ILA fti CITY OF MERIDIAN PLANN&EPARTMENT STAFF REPORT FOR THE HEARODATE OF MAY 9, 2006 Exhibit B: Legal Description - Subdivision FOC Canopy Surveys., Inc. 4686 Owfhmd Rd, WM 112 a Rohe ldalw a 83706 a =844PITM n ! 342,T43T FAX ANNM70N DESCNWTM A POMWN OF THE MORRMW % F Tw NOMWAW OF SlEcrM 30, TOWNSHIP 4 Norrnr. RUM t Enf. BOW Mir, Ary► Comv, bow A Portion of the Nothwest 34 of the Northead % Of Section 30, Township 4 North, RwV91 East. Bois® MM*bn Ada Counly, kWw more parffa *W described as floffOlAq Beg+ g at a found Brass CRP lul"mmint ntrridrrg the Nort went Comer of motion 30, from Wfft a foand Brass Cap MonwWd mlgrldiv the North X Corrwthereof bears Nash W%i*45' Wast, a distance of 2A63 GG hot #wnce201,38, NakwV the 1 y Y of Section 30 and the Canter tine of State Highway IM urt.ler t ha a distance of 1.341.9 bet to Us fidersedio n witlh the Canter thence akmV the Centaur rhne of derlcro Rand. South 00°29'441' WVaet, a distance of649.36 W t0 its interseelion with the FAow y ppoWngagon of the oommoe boundary of property Deed In t Number8 04 al IP 61 and Repr�anbetives Of 66 feet � begP rft of a neve too • Nartir tT9'4 11" West, a disten4a thence abng said stave to the left h m trig a langth of 31.42 Peek a radius of 20.00 fbSt, a 45cwft6'3 WeeWOO k of t�0 O(r. farrgents of 20.00 feel, and a bug adrad which beers Southesu. a disferroe of Z 28 feat to a found 4 hub from pipe mg VV the North- VVISSNmortlteast 1Ri4°i comer of Section 30; them O0 along the common boundary or property dwa &W br Warranty Dead insblbnSnl Number t)Q43651 and Warranty Deed bUtrumerd Number 104154997, South 00"14'50" West, a dtsdenae of GW 55 fed to the CenterMed4doremmt, 11t34a` corner of Sector 30 and the Easterly corner eommm to praP6rgy described In Personal Ra980nomfues Dead 111stnnlent Number 104154997 and Parsonal Representatives Deed lnsbuxrW* Nwdw 104163946; ttre M aiatg the North IROM line of Simon 30 and do emntmon boadwy of said propertiae, Nora 89lW42' West, 8 dratarwe 4658.63 feet to the Center -North 1lle corner of Semon 30; Exhibit B Page I CITY OF MERIDIAN PLANN.WEPARTMENT STAFF REPORT FOR THE HEARMIDATE OF MAY 9, 2006 therx" skxV am Norft"S Center "of Sadion 30, North WvW2T Fast, a distance Of 867.63 fed to a found 5t8 kWh nebar wrih plamtic cap stomped `PLS 4118' marking the Icorrlet COMOM to property desorbed in Personal Repr�essnt s Dead Number 104154987 and Wama* Deed koku ent Nkmgw 102038899; San Om" f0 to tamed 1'JG noh v�f sold �� S� W41YSV Est, a dtdmw of marking an W& paint In said boundary; thence lng the conn boundary Of WWwtY described In Personal t7sed h*wwt Number 104154997 and Y Deed kwvw wd Nurrlber 11 999, North 00°44'44' East, a dldwm of 432.00 feet to a found 112 Ince robarwith no capmwWW the Nay common eornerthe wl, an ft gag" F W.Of- WaY of State Highway MM, tt*n00 NOM00WIS'E04 a dlstance of 40.00testba pointanthe Na tarty bo vjwy of Sem 30 and the Center axle of State, Hitthway XM; OW b"Wwy and Center feat to t� toto TRUE POKIrr OF BEGII N W ScUth BMW East, a dlstams of 788.78 Cards* ing 1,048,852 square 004 24.034 acres. more or Refer to ted rid►. Fox Uwd TWWW �• � President, PLS 7812 TJF*q w�,nsoea Exhibit B Page 3 END OF DESCRUTrON R APPRAI. blEOuou►H Pusua wtutics DePT. CITY OF MERIDIAN PLAN* DEPARTMENT STAFF REPORT FOR THE HEAR DATE OF MAY 9, 2006 I� g OF 0 zi wl Zr M -UW I- BLYW UrAUS b Exhibit B Page 4 CMO tQOq jf WIF mm (�Itll m fill CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEAL DATE OF MAY 9, 2006 FOX Lana/ Surveys, /new 4696 w !!g. SM MW a ttn,r1u a 93705 ,& 208a42.70W a -7,07 F= rrrrr_r�, irr,r�iwo�i.u�rrrrrr•w�r.r�wwr� CC REZONE DESCRIPTION A PORTM of THe NordrwAw Ys OF THE NowNeas % OF SEcnm 30, Tow msmp 4 NoRTK Rose t Easy, Some Meww, ADA CoLwy, lod►Fto A Portion of the Northwest Y. of the Northeast Y. of Seaton 30, Township 4 North, Range 1 East, Was Meridian, Ada County, Idaho, more particularly described as follows; Beginning at a found Brass Cap Moroxna rd marWng ft Nortlumst Comer of Section 30, from which a found Brass Cap Monument marking the North Y Coater thereof bears North 89"51'45° West, a distance of 2,633.98 feet; thence along the Northerly boundary of Beaten 30 and ft Csr"r line of State Highway 20126, Nath W51',W West, a distance of 1,697.59 teat to the TRUE POINT OF BEGINNING; thence South W91 Mr West, a distenae of 371.75 feet to a point thence North 69643'30' West, a distance of 433.76 feet to a point on the common boundary of property described in Personal RepreserMetives Deed instrument Number 104154997 and Warranty Deed Instrument Number 102036M; thence alai the common boundary of said properties and the Noriy euaension therr9of, North 00°44'44° East, a distance of 370.72 feet to Its intenumdon with the Canter line of State Highway 2OM; thence along said Center line, South 89°51'45' East a distance of 430.72 feet to the TRUE POINT OF BEGINNING; Containing 160,459 square feet, 3.683 acres, more or less. Refer to atteched sketch. Fox Land Surveys, Inc. Timothy J. Fox, President PLS 7612 END OF DESCRIPTION TJF-.4 a►4105.064.Pg1PtajodlDe�aipdatS�S6oCComai-rA-0Be�c Exhibit B Page 5 CITY OF MERIDIAN PLANNINIOPARTMENT STAFF REPORT FOR THE HEARDOATE OF MAY 9, 2006 N E 857.63' Exhibit H Page 6 S x"3027" W 471.72' � I �f m i I. I f !,,4�44"E N °44'44' E 472.00' s.EFr f0l.2a' 370.72' Ell f w of I IzW �w --o 8 o0ww w/' 849.36' J38WCH0 ROAD jrf CITY OF MERIDIAN PLANNr*EPARTMENT STAFF REPORT FOR THE HEARIOATE OF MAY 9, 2006 FOX Lind Survays, Inc. 406 W Ovarl�nd Rd. WM 402 A !t to 10A 83705 A =84W .790 0 208+90.7437 PAX RB REZONE OESMPTION A PoRym or THE NORTWIM Vs OF THE NORTHEA t V. of Secy 30. THIP 4 NORTH, RANGE 1 EAST. SOWS MEW WAN. ADA CMWY, IDAHO A Portion of the Northwest ! of the Northeast Y of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows; Beginning at a found Brass Cap Monument marking the Northeast Gomer of Section 30, from which a found Brass Cap Morturnard mariang the North Y. Conner thereof bears North 89°51'45' West, a distance of 2,633.96 feet; thence along the Northerly boundary of Section 30 and the Center Brie of, North 8.9°5145' West, a distance of 2,633.96 feet to a found Brass Cap Motttarl d marking ft North Y4 Comer thereof; thence along the North South center line of Section 30, South 00'3427' West, a distance of 471.72 feet to a found 518 inch rebar meriting the Westerly cornerconanon to property described in Personal Representatives deed irlstrurtent mayd ®r 1o4154w7 and Warranty DOW InsUument Number 1020389s9, the TRUE POINT OF W131I iNING; theme slog the common boundary thereof, South 89°4958' East, a distance of 503.68 feet to an angle point In the common boundary of said properties; thence he Southerly pn*Wan of the North-South common boundary of described In Personal Representatives teed Instnmrent Number 1041 and testy Deed Instrument Number 102038999, South 40°44'44' West, a distance of 175.57 feet to a point; thence South w45'10' East, a distance of 172.58 feet to the beahmng of a non -tangent crave to the left; thence along said curve to the left having a length of 31.42 feet, a radius of 20.00 feet, a central angla of 90°40'00'', tangents of 20.00 feet, and a long chord which bears South W16W West, a distance of 26.28 feet to a point of run-targency and the Noftwest- Northeast VW car of Section 30, marked by a found 4 Inch iron Pipe; thence along the West -tit i/64ei line of Section 30, South 00°1460' West, a distance of 680.55 tenet to the Center -Wed -Northeast 11W comer tferaa , thence along the North Me fine of Section 30, North B9°W42' West, a distance of 8!59.83 feet to the Center North 1N8ei comer of Section 30; Exhibit B Page 7 CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEARI&ATE OF MAY 9, 2006 thence along the North-South carder lire of Section 30, North 00°302r tet, a distance of 857.63 feet to the TRUE POINT OF BEGINNING; Containing M.166 square feet, 12.308 acres, more or less. Refer to attached sketcK Fox Uvd Surveys, Inc. Timothy J. Fox, President, PLS 7812 END OF DUCWTION Exhibit B Page 8 CITY OF MERIDIAN PLANNIISPARTMENT STAFF REPORT FOR THE HEARIOATE OF MAY 9, 2006 0 N 00°30'27° E 857.63` s 00 `30"Zr w 471.72 CO) zi % I - N 1 ca `� • `fiItO°4a'44°E N °�ld'44° E 472.00' 175.5r iOI,2&1 370.72' I w �, � 3 00°14'f!W W 600.65' 1 A lI I z l z ca dpo�ce I � N II a� > I Ion 5c -- —aS 00039146" W .649.38' -+ 3EMCHO ROAD 11;1 o��l ►S r�� n' ��� � � 1 � Exhibit B Page 9 CITY OF MERIDIAN PLANA* DEPARTMENT STAFF REPORT FOR THE HEA DATE OF MAY 9, 2006 FOX Land Surveys, /r%e-rr 406 W Overhand Rd. Ste 109 A POW* toe =705 ,& •1957 A X7437 FAX R18 REZONE DESCRIPTION A PORTION OF THE NCRTHWOT "K OF THE NCWHEA8T Y, OF SECTION 30, TOrir MP 4 NORTH, RANCH 1 EAST. 80M WWWwAK ADA emmny, IDAHO A Potion of the Northwest +/. of the Northeast % of Section 30, Township 4 North, fRWW 1 East, Boise Meridian, Ada County, Idaho, more pardcuWV descrtred as Beg" at a found Brass Cap Monument marking the Northeast Courter of Section 30, from which a found Brass COP Mmurnent rns*kV the North y. Comerthmeof beans North 89°51'45' West, a distance of 2,633.90 feet; 20!28, NortV the Nor" h 89°61boundary of Section an 30 d the Cager line of State Highway Wait a distance of 1,341.98 feet to its Ir1tgreec oon with ttre Center line of Jericho Road fire TRUE POINT OF BE©INKM, thence along said Center Nne, South 00°29'48' West, a distance of 849.38 feet to its intersection with a pyre 20.00 feet North of the North -North 1WPI Gne of Somm 30; them akxg a One 20.00 feet North of and parallel with said 1/84e Oft, North 89°43'30" West. a distance of 816.58 fast to a point them North 8V4S'10° West, a distance of 172.58 feat to 9s intermxgorrn with the Felty protection of the co n ao n North-South boundary of ply described in PeneOW Rept res peed Instrument Number 104154997 and Warranly Deed Insk urnent Number 102036999: to a to said W*cbon and boundary, North 00°44'44' East, a d�rrca of 278.85 feet thence South 89°43'30' East; a distance of 433.78 feet to a pobt thence Nortin 00'18'30' East, a distance of 371.75 feet to a paint on the Center line of State Highway 20M thence afatg said Cerner Gyre, South 89°51'45" East, a dist ante of 355.61 feettptire TRUE POINT OF BEGINNNtt; Containing 350,318 square fes'. 8.042 gem, more or In& Refer to attached sketch. Exhibit B Page 10 CITY OF MERIDIAN PLANNIAPARTMENT STAFF REPORT FOR THE HEARAATE OF MAY 9, 2006 Fax land Surveys, Inc. Timothy J. Fox, President, PLS 7612 XND OF DESCRIPTION TJRa w:u►�niea�sws-oma I5t3-14-00aw Exhibit B Page 11 CITY OF MERIDIAN FLAN* DEPARTMENT STAFF REPORT FOR THE HEA DATE OF MAY 9, 2006 lo N 00030127, E 857.a S 000=r w 47i.7z n� >� I �� � 0 fill�N00°44'44"E N E 472.00 175sr t.2 30. 44 s00°t41irW GW.� ao II I S I. I � o I m -as 00°28'46" W -s49.WRif I R JBRICHO ROAD m0,0 I I ' I c IA BMW Exhibit B Page 12 CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HEARG DATE OF MAY 9, 2006 I Ht�HTOWER8U9DIVL m f �Romm Plan Exhibit B Page 13 CITY OF MERIDIAN PLANNI&EPARTMENT STAFF REPORT FOR THE HEARIWATE OF MAY 9, 2006 C. Conditions of Approval 1. Planning Department SITE SPECIFIC COMMENTS- ANNEXATION AND ZONING Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City A4o—m—cw,Bill Nark at 888-4433 to initiaLe, this,grocess. Staff recommends that the Commission and Council direct the City's Legal Department to draft a development agreement for Hightower Subdivision as follows: 1. That all future development shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be consistent with the applicant's conceptual plan unless otherwise modified by other provisions of the DA - 3. A3. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances m effect at the time of development. 4. That the future uses and lots on this site shall conform to the District Regulations and Allowed Uses contained in the Unified Development Code (UDC), in effect at the time of development. 5. That the applicant will be responsible for all costs associated with the sewer and water service extension. 6. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 7. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 8. That development of the commercial lots shall comply substantially with the submitted CUP site plan dated March 9, 2006 and the sample elevations and materials list in Exhibit A of the staff report for the heating date of April 6, 2006. 9. That development of the residential lots shall comply substantially with the submitted sample elevations and materials list in Exhibit A of the staff report for the hearing date of April 6, 2006. 10. The apulicani shall place five gallon arborvitae at four fget on center along, the shared QrQpgaty line of the adjacent pnWrty to the west owned by Tom uuck. 11. The homes on Lots 2. 3. _4, and 5 of Block 10 shall be limited to 25 feet in ei . 12. That the aoolicant consents to the vacation of Jericho Road, and 14Lt the owner agrees to submit an application for Vacation or Exchanee of Bight -of -way for Jericho Road to the City of Meridian and to the ACED prior to or concarrent with sul►mitt of a final plat ggRcation. CITY OF MERIDIAN PLANNINOPARTMENT STAFF REPORT FOR THE REARISATE OF MAY 9, 2006 SITE SPECIFIC REQUIREMENTS--PItELIlVIINARY PLAT 1.1.1 The preliminary plat prepared by The Land Group, dated January 12, 2006 (revised 3-22-06), is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ -06-003) and Conditional Use Permit (CUP -06-004) applications shall also be considered conditions of the Preliminary Plat. The apiplicant shall remove two townhouse lots and nsure that am lots meet the frontage requirements of the zone (see Condition 1.1.5 below), 1.1.2 Create an open space easement for the required 25 -foot wide landscape buffer along the east boundary of Lots 2 and 4, Block 3. Said buffer area shall contain materials in accordance with UDC 11-3B and not include impervious surfaces such as parking areas or driveways. 1.1.3 The landscape plan prepared by The Land Group, labeled Sheets L1.1, is approved with these applications. A landscape plan consistent with UDC 11-3B shall be submitted with the final plat which reflects any changes made to the preliminary plat to redesign the subdivision consistent with approved access points. 1.1.4 The applicant shall construct along Chinden Road a landscape berm and wall consistent with the requirements contained in the letter from Sue Sullivan, rID, dated February 13, 2006. 1.1.5 The applicant shall work with Planning Department staff on the layout and access of Lots 5-14, Block 6 in order to comply with UDC 11 -6C -3D regarding common drives. The revisions shall be submitted to the Planning Department no later than 10 days prior to the City Council hearing on the applications. 1.1.6 Maintenance of all common areas shall be the responsibility of the Hightower Subdivision Business/Home Owners Association(s). 1.1.7 Per ACRD and Meridian Fire Department comments, parking shall be restricted on Menara Avenue, Torre Way, and Torre Place to one side of the roadway due the reduced 29 -foot street section. Coordinate with AM and the Meridian Fire Department (Joe Silva at 888-1234) for proper signage of the parking restriction. 1.1.8 Per comments from the Meridian Fire Department, the applicant shall revise the plat to show a temporary fire apparatus turnaround easement at the terminus of Menara Avenue. Contact the Meridian Fire Department (Joe Silva at 888-1234) to coordinate proper sizing and location of the turnaround. 1.1.9 Lots 5, 6, 7, 8, 11, 12, 13, and 14, Block 6 and Lots 10, 11, 12, 14, 15, and 16, Block 4 shall take access fiom common drives. 1.1.10 The applicant shall revise the plat to depict the required 10 -foot wide street buffer easements along the north side of W. Hightower Drive on the commercial lots. 1.1.11 Prior to the City Engineer's signature of the final plat, all existing structures shall be removed from the site. 1.1.12 Provide cross access/cross parking easements for Lots 2, 3, and 4, Block 3. All cross access drive aisles shall only approach the ACHD approved points of access to the public street system. Maintenance of the aisle and parking areas shall be provided for in a note on the face of the final plat, AND/QR in a document such as CCR's. 1.1.13 The applicant shall continue to work with the Idaho Transportation Department on the possibility of acceleration -deceleration lanes on Chinden Road as referenced in the letter from ITD dated March 30, 2006. 1.1.14 The applicant shall add a note to the face of the plat that references the Right to Farm Act. CITY OF MERIDIAN PLANNSEPARTMENT STAFF REPORT FOR THE HEARODATE OF MAY 9, 2006 1.1.15 Direct lot access to Chinden Road and Jericho Road is prohibited. A note shall be placed on the final plat restricting access to Chinden Road and Jericho Road. GENERAL REQUIREMENTS --PRELIMINARY PLAT 1.1.16 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.1.17 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.1.18 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 1I - 3A -18 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 11-3A-18. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, 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. 1.1.19 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.1.20 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 mitigated. 1.1.21 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled, unless otherwise approved by the Irrigation District(s). 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. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.22 Stafi's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.1.23 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A. SITE SPECIFIC CONDITIONS ---CONDITIONAL USE PERMIT 1.1.24 The submitted CUP site plan dated March 9, 2006 is approved and development within the commercial lots shall comply substantially with said plan. 1.1.25 The drive through lane on Lot 2, Block 3 complies with UDC 11-4-3.11 and is approved. 1.1.26 Any roof -mounted mechanical equipment will be screened from view from any public right-of- way. The applicant shall submit drawings at the time of CZC submission that demonstrate this condition is complied with. 1.1.27 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. CITY OF MERIDIAN PLAWODEPARTMENT STAFF REPORT FOR THE HEAR* DATE OF MAY 9, 2006 1.1.28 Comply with UDC 11-3A-12 regarding a screen for the refuse/service area. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Saguaro Canyon. The applicant shall install all mains necessary to provide service, applicant shall coordinate main size and routing with the public Works Department, and execute standard forms Of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 No sewer mains shall be allowed with less than the minimum required three feet of cover. The applicant shall coordinate with the public Works Department for an acceptable solution to this problem. 2.3 Water service to this site is being proposed via extension of mains in Saguaro Canyon Subdivision and Jericho Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with public Works. The applicant shall execute standard forms of easements for any mains that are required to provide service. 2.4 The water main that is being run from Jericho Road that is being proposed as an eight -inch shall be upsized to a 10 -inch, routing of such shall be coordinated with the public Works Department, and shall include a 10 -inch stub to the property to the west. 2.5 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.6 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.7 There are numerous lots shown in the R-8 portion of this development as being +/- 50 feet. Minimum lot frontage for these lots shall be 50 -feet. 2.8 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas and private streets. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.9 The applicant has indicated that the Home Owners Association will own and operate the pressure irrigation system in this proposed development. Since it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. 2.10 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single point connection is utilized, CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE REARIOATE OF MAY 9, 2006 the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.11 All existing structure not meeting the new setbacks shall be removed prior to signature on the final plat by the City Engineer. 2.12 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.13 All water meters that are located in driveways shall have the meter vaults constructed of traffic rated material per City of Meridian Standard Specification 7.05(W). 2.14 A ten -foot wide Public Utilities, Drainage and Irrigation easement shall be dedicated along all rear lot lines, and centered on interior lot lines that are not spanned by attached units. Along public and private right-of-ways the width shall be sufficient to allow for 10 feet past the edge of the sidewalk. 2.15 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.16 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall 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. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.17 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.18 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.19 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.20 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 per Resolution 02-374. 2.21 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.22 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.23 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.24 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.25 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. CITY OF MERIDIAN PLANNIOEPARTMENT STAFF REPORT FOR THE HEART&ATE OF MAY 9, 2006 2.26 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.27 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Meridian Fire Department 1. One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %Z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 6. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 7.- Provide a 20 -foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 8. For all Fire Lanes, provide signage "No Parking Fire Lane". 9. Insure that all yet undeveloped parcels are maintained free of combustible vegetation_ 10. Fire lanes and streets shall have a vertical clearance of 1316". This includes mature landscaping. CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR TIME HEARGI DATE OF MAY 9, 2006 11. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 12. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than % the diagonal measurement of the full development. 13. Building setbacks shall be per the International Building Code for one and two story construction. 14. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 15. Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 16. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 17. Maintain a separation of 5' from the building to the dumpster enclosure. 18. Provide a Knox box entry system for the complex prior to occupancy. 19. The first digit of the Apartment/Office Suite shall correspond to the floor level. 20. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 21. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 22. Provide exterior egress lighting as required by the International Building & Fire Codes. 23. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 24. There shall be a fire hydrant within 100' of all Fire Department connections. CITY OF MERIDIAN PLANNSEPARTMENT STAFF REPORT FOR THE HEARI&ATE of MAY 9, 2006 25. Alleys that serve mews shall be at least 24 -feet wide. 26. Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have at least three means of fire apparatus access for each structure. (Remoteness Required) 4. Police Department 1. The proposed plat and/or site design encourages high-speed, cut -through traffic. The applicant shall work with the Ada County Highway District to provide traffic calming design to decrease travel speeds on W. Saguaro Hills Drive. 2. Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 3. The loading areas shall be separated from all public parking areas. 5. Parks Department 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. Sanitary Service Company 1. No comments received. 7. Ada County Highway District CITY OF MERIDIAN PLANNIISEPARTMENT STAFF REPORT FOR THE HEARUOATE OF MAY 9, 2006 7. ACRD District Policy 7207.9.3 restricts residential driveways to a maximum width of 20 - feet. is Local Residential driveways are to be constructed not more than 20 feet wide, paving them the entire width and no less than 30 -feet into the site. > ACHD understands direct lot access for certain lots in block 5, 6, 7, and 8 may not be able to meet district offset policy and are approved as proposed. C. Site 5MSifjc and onsof Approv 1. Construct West Hightower Drive in alignment with Newberry Street, a 30 -foot wide curb return type access Intersecting 3ericho Road, approximately 285 -feet south of State Highway 20/26, on the opposite side of the street. 2. Locate West Hightower Drive as proposed, approximately 280 -feet north of the southeast property line (property line to centerline) to approximately 110 -feet north of the southwest property line (property line to oenterline). $. Construct West Hightower Drive as a 40 -foot street section within 54 -feet of right- of-way; complete with vertical curb, gutter, 5 -foot attached or 7 -foot detached sidewalk. Any additional direct lot access In this area other than specific approvals In this application are prohibited and will be required to be noted on the final plat. 4. Locate a northern access from West Hightower Drive to the commercial development approximately 220 -feet east of North Saguaro Hills Way (centerline to centerline). S. locate North Saguaro Hills Way in alignment with Castiebury Avenue, approximately 80 -feet east of the northwest property line, transitioning south, past the intersection with West Hightower Drive, to where It stubs 120 -Beet west of the southeast property tine (property line to centerline). 6. Locate the western access from North Saguaro Hills Way to the commercial development on the east side of the road approximately 170 -feet south of State Highway 20/26 (centerline to centertine). 7. Construct North Saguaro Hills Way, from West Hightower Drive north, as a 40 -foot street section within 54 -feet of right-of-way; complete with vertical curb, gutter and sidewalk. S. Construct North Saguaro Hills Way, from approximately 310 -feet south of the north property line where it intersects West Hightower Drive, south to stub at the south property line (located approximately 115 -feet west of the southeastern property line) as a 36 -foot street section within 50 -feet of right-of-way; complete with rolled curb, gutter and sidewalk. 10 Hightower Prellrrurwry Plat CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE HEARISATE OF MAY 9, 2006 9. Construct Jericho Road as one half of a 40 -foot street section with vertical curb, gutter and 5 -foot concrete sidewalk; additional direct lot access in this area, other than the specific approvals in this application, are prohibited and will be required to be noted on the final plat. 10. Dedicate a total of 27 -feet of Right -of -Way from the centerllne of Jericho Road to the new property line. 11. locate West Hightower Drive intersecting Jericho Road approximately 285 -feet south of the north property line (property line to centerline) aligning with Newberry Street adjacent to the site. 12. Locate three 29 -foot street sections within 42 -feet of Right -of -Way as proposed: a. Praia Way, located 280 -feet west of the east property line (property line to centerline), as a 29 -foot street section within 42 -feet of Right -of - Way. b. Rail To Street, located 280 -feet to 170 -feet west of the east property line (property line to centerline), as a 29 -foot street section within 42 -feet of Right -of -Way. c. Tome Way, located 170 -feet west of the east property line (property line to centeNlne) and running north, as a 29 -foot street section terminating with a turnaround 13. Locate the seven stub streets In alignment with other existing streets in the adjacent subdivisions are attached to this report. A00s apow-Iml is contingent on a a! alignments. A stub street shall be designed to slope towards the street intersection and drain surface water toward that intersection and have a sign stating, "This street will be extended In the future." Locate the Internal local roadways with stubs as proposed. The District may require appropriate covenants guaranteeing that the stub street will remain free of obstructions. a. The location of West Hightower Chive A stub street to the west property line located approximately 330 -feet south of the north property line (property line to centerline). This stub street is anticipated to serve the 5 -acre parcel located directly to the west. District staff is supportive of the applicanCs proposal. Due to the fad that the proposed stub street will be less than 150 -feet In depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. b. The location of North Menara Avenue A stub street to the south property line located approximately 510 -feet west of the east property line (property line to centerline). This stub 11 ffthtower Preliminary Plat CITY OF MERIDIAN PLANNISEPARTMENT STAFF REPORT FOR THE HEARMATE OF MAY 9, 2006 street is anticipated to serve the 5 -acre parcel located directly to the south. DISMct staff is supportive of the applicant's proposal. Due to the fact that the proposed stub street will be less than 150 -feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. C. The Location of West Macau street A stub street to the west property line located approximately 110 -feet south of the north property line (property line to centerline). This stub street is anticipated to serve the 9.5 -acre parcel located directly to the west, Blythe Estates 1993, District staff Is supportive of the applicant's proposal. Due to the fact that the proposed stub street will be less than 150 -feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. d. The location of North Saguaro Hips Way A stub street to the south property line located approximately 110 -feet west of the east property line (property One to centerline). This stub street is anticipated to serve the 55 -acre parcel located directly to the south, Saguaro Canyon Subdivision 03 2005. District staff is supportive of the applicant's proposal. Due to the fact that the proposed stub street will be less than 150 -feet In depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. e. The location of North Tashkent Avenue A stub street to the north property line Pocated approximately 110 -feet east of the west property One (property line to centerline). This stub street is anticipated to serve the 5 -acre parcel located directly to the north. District staff is supportive of the applicants proposal. Due to the fact that the proposed stub street will be less than 150 -feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. fg. The location of Tallinn Street (west) A stub street to the west property line located approximately 100 -feet north of the southwest property line (property line to centerline). This stub street is anticipated to serve the parcel located directly to the west, Blythe Estates 1993. District staff Is supportive of the applicants proposal. Due to the fact that the proposed stub street will be less than 150 -Peet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. a. The location of Tallinn Street (east) A stub street to the east property line located approximately 100 -feet north of the southeast property line (property line to centerline). This stub street is anticipated to serve the approximately 4.6 acre parcel located directly to the east. District staff is supportive of the applicant's 12 Koiower Preliminary Plat CITY OF MERIDIAN PLANNINIOPARTMENT STAFF REPORT FOR THE HEARIN&TE OF MAY 9, 2006 proposal. Due to the Fact that the proposed stub street will be less than 150 -feet in depth, the applicant will not be required to construct a temporary turnaround at the terminus of the roadway. 14. Locate two private alleys 125 -feet south of West Macau Street (centerline to centerline) and 125 -feet north of West Tallinn Street (centerilne to centerline). 15. Construct a cul-de-sac turnaround with island at the terminus of North Torre Place, approximately 130 -fleet north of West Hightower Drive (near edge to centerline) with a minimum 29 -foot pavement surface.surrounding the island and a minimum 45 Moot turning radius around the island. 16. The location of the Island located in block 2, lot i is approved as proposed. The highway district requests the dedication of Block 2, lot i to preserve the Right -of - Way for this particular Island. 17. Construct Local all Residential driveways not more than 20 feet wide, paving them the entire width and no less than 30 -feet Into the site. 18. Direct lot access for certain lots In block 5, 6, 7, and a may not be able to meet district offset policy and are approved as proposed. 19. Provide a letter from M outlining their requirements; ACHD will require the applicant to satisfy those requirements as well. 20. Comply with Section D, Standard Conditions of Approval. 13 Ftighbower Prekninary Plat CITY OF MERIDIAN PLANNAEPARTMENT STAFF REPORT FOR THE HEARSDATE OF MAY 9, 2006 D. Standard Condi ions of An�}roval 1. Any existing Irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Interim policy. 6. Utility street cuts in pavement less than five years old am not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7. 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. S. The applicant shall submit revised plans for staff approval, prior to Issuance of building Permit (or other required permits), which incorporates any required design changes. 9. 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. 10. Payment of applicable road Impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utlllties damaged by the applicant The applicant shall be required to call DIGI.INE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACRD Traffic Operations 387-6190 In the event any ACHD conduits (spare or filled) are compromised during arty phase of construction. 12. No change in the terns 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 of the Ada County Highway District, The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District, 13. 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. 14 Hightower Preliminary Plat CITY OF MERIDIAN PLANN*DEPARTMENT STAFF REPORT FOR THE HEAS DATE OF MAY 9, 2006 Exhibit D. Required Findings from Zoning Ordinance UDC 11 -5B -3E. Annexation/Rezone Findings: The commission and council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall filed adequate evidence answering the following questions about the proposed zoning amendment: A. The map amendment complies with the applicable provisions of the comprehensive plan; In Chapter VII of the Comprehensive Plan, `Mixed Use Community, is defined as "Provide a blend of high-density residential, small-scale commercial, entertainment, Office and open space uses that are geared to serve all residents within a one to two square mile area. The developments are encouraged to be designed according to the conceptual neighborhood center plan depicted in Figure 'VII -3. The purpose of these centers is to create a centralized, pedestrian -oriented, identifiable and day -today service oriented focal point for neighborhood districts. The centers should offer an internal circulation system that connects with adjacent neighborhoods or regional pathway(s). They will also serve as public transit locations for future park-and-ride lots, bus stops, shuttle bus stops or other alternative modes of transportation,'° City Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement;; Concurrent with the annexation and zoning application, the applicant has submitted a Preliminary plat and conditional use permit (PP -06-003/ CUP -06-004). Staff does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. City Council finds that the proposed residential uses are allowed in the proposed R4 and R-15 zones. The site is being proposed as three portions of commercial, high density residential and medium low density residential and upon build out staff would not anticipate changes of usage for this site. C- The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has submitted elevations for the proposed commercial and residential units and has agreed to use the design guidelines for commercial projects along gateway corridors when designing building facades. City Council finds that the proposed C -C zone, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. The site is intended for commercial uses which, based on the Comprehensive Plan description, will have such uses as retail, wholesale, service and office uses, as well as appropriate public uses such as government offices. Staff finds that the proposed development will change the existing character of the area, which is still largely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan. City Council does not find that the proposed zoning/uses will adversely change the essential character of area CITY OF MERIDIAN PLANS DEPARTMENT STAFF REPORT FOR THE HEA* DATE OF MAY 9, 2006 City Council does not anticipate that the proposed uses will be disturbing to future or existing neighbors, as long as landscaping, fencing and other recommended conditions are exercised. Further, City Council does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit C and all City Code provisions. A The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and[, The applicant will be responsible for the extension of all utilities necessary to serve this Proposed development. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. City Council finds that the subject site is proposed for development in a fashion similar to other properties in the area. The applicant and/or future property owners will be required to pay park and highway impact fees. On Febnuuy 10, 2006, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments receives from agencies/departments, staff finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. City Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. E. The annexation is in the best of interest of the City (UDC 11 -5B -3.E), City CcLunciI finds that the annexation and zoning of this ^pMerW to C -C. R 15 and R-8 would be in the b of the I UDC 11-6B-6: Preliminary Plat Findings In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of this Title and at least the following: A. The plat is in conformance with the Comprehensive Plan; Please see Annexation Findings Item A above. B. Public services are available or can be made available and are adequate accommodate the proposed development; Please see Annexation Findings Items C and D above C. The plat is In conformance with scheduled public improvements In accord the City's capital Improvement program; CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HEAIt'1'1�G DATE OF MAY 9. 2006 Because the developer's installing sewer, water, and utilities for the development • at their cost, the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Please see Exhibit 13 for comments and conditions from other agencies and departments. E. The development will not be detrimental to the public heath, safety or general welfare; and City Council is not aware of any health, safety or general welfare problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. F. The development preserves significant natural, scenic or historic features. City Council is not aware of any natural, scenic or historic features which require Preservation. The applicant will be required to maintain, fence, and improve the waterways which are existing on this site. Furthermore the applicant shall define with the Parks Department the location of a multiuse pathway which will further enhance the natural features of the Finch Lateral as well as providing an additional use buffer. UDC 11 -5B -6E: Conditional Use Findings The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: A. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. City Council finds that the site is 24.03 acres and is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. B. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. City Council finds that the proposed residential/commercial uses meet the objectives of the Comprehensive Plan as listed in Section 7 of this report. Some of the standards of the UDC are not currently being shown by the applicant's site plan and building elevations. Specifically, the Proposal shows a an access to Chinden Road which requires a Variance and building elevations need to be submitted in compliance with the entryway corridor design standards. If the applicant makes these changes, and an access variance is granted, this finding will be met. C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. CITY OF MERIDIAN PLANNIISEPARTMENT STAFF REPORT FOR THE HEARTRATE OF MAY 9, 2006 The building height, parking layout, landscape buffer widths and other dimensional standards shown in the application generally comply with the UDC. The applicant will be required to construct the proposed buffer between land uses where commercial lots abut residential lots. D. That the proposed use, Kit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. City Council finds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all AZ/PP/CUP conditions and constructs all improvements and operates the use in accordance with the UDC standards. Traffic volumes will significantly increase. However, both ACHD and TIT) have reviewed the application and Placed special conditions on the applicant. These standards may include lighting, screening, landscaping and other areas intended to mitigate potentially harmful effects. E. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. City Council finds that sanitary sewer, domestic water and irrigation are available to the subject Property. Please refer to other comments prepared by the Meridian Fire Department. F. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. City Council fiends that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The additional commercial structures will improve the tax base for the City of Meridian. The applicant and/or future property owners will be required to pay highway impact fees. G. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. City Council finds Haat the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. City Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. City Council finds the future buffer between land uses along the property boundary and the use and Chmden Road buffers will help to mitigate noise, fumes and glare created by the additional traffic. H. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The applicant will be required to comply with all state and local ordinances regarding conveyance of water and maintaining historic points of access. The Ada County Historic .Preservation Council's Site Inventory does not show any structures or places listed for the subject property. UDC 11 -5B -4E: Variance Findings In order to grant a variance, the Council shall make the following findings; CITY OF MERIDIAN PLANNODEPARTMENT STAFF REPORT FOR THE HEARTI G DATE OF MAY 9. 2006 A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Section 11-311-3 of the UDC does state that the City Council may consider and apply modifications to the standards of Article H upon specific recommendation of the Idaho Transportation Department (17D). In a letter dated February 13, 2006, the ITD states: "Direct access from this development to US -20/26 will be allowed as established by the Access Management Plan developed by the City of Meridian and ITD. Access will be allowed to US - 20/26 via N. Saguaro Hills Way." The letter also states that "the applicant should be made aware that in conjunction with said Access Management Plan, the long term fiiture of Jericho Road may be restricted to Right-fiMght-out or closed." City Council finds that because of this recommendation from ITD, the granting of this variance will not grant a right or privilege that is not otherwise allowed in the district. B. The variance relieves an undue hardship because of characteristics of the site; City Council finds there are physical characteristics of the site which demand access points be constructed that are more unique or different than other properties along Chindeu Road (US 20/26). As stated above, the fiuture of Jericho Road is uncertain, and access to Chinden Road at Jericho Road may either be restricted or closed entirely in the future. If access to Chinden Road were not granted, it is possible that in the future the access to this development may be eliminated if Jericho Road was the only access point. C. The variance shall not be detrimental to the public health, safety, and welfare. City Council finds that granting the access point to Chinden Road (US 20/26) has the potential of increasing traffic conflicts due to the increased number of vehicles that will need to merge with existing traffic. However, the proposed alignment of N. Saguaro Hills Way is preferred to the existing alignment of Jericho Road, because it lines up with an adstiug access on the north side of Chinden Road, Castlebury Avenue. City Council finds that the granting of the variance Will not be detrimental to the public health, safety or welfare and has the potential of increasing the safety and efficiency of traffic movement along Chinden Road (US 20/26). UDC 11-3F-5 Private Street Findings: In order to approve the application, the Director shall find the following: A. The Design of the private street meets the requirements of this Article; The applicant will have to certify that the Ada County Street Naming Committee has accepted the private street names. The design of the streets meets the standards as set forth in UDC 11-3F4; no gates are allowed Roadway and storm drainage shall be contained on site. B. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and Staff does not anticipate any hazard, nuisance or other detriment from the private streets if they are constructed and maintained as designed. C. The use and location of the private street shall not couflict with the comprehensive plan and/or the regional transportation plan. The location of the private streets do not conflict with the Comprehensive Plan and/or the regional transportation plan. June 16, 2006 MERIDIAN CITY COUNCIL MEETING June 22, 2006 APPLICANT ITEM NO. S -U REQUEST Contract with Irminger Construction for Pressure Reducing Valve near the intersection of Kodiak and Stoddard 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: eqv� 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: Materfals presented at public meetings shaD become property of the City of Meddian. 0 Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer CC: File Date: June 14, 2006 • Re: Proposed Agenda Item for June 20, 2005 City Council Meeting JUN 15 2606 City Of Meridian City Clerk Office The Public Works Department respectfully requests the following item be placed on the June 6 City Council agenda, under Consent Agenda, for Council's consideration: Contract with Irminger Construction for Kodiak PRV This contract is for the installation of a Pressure Reducing Valve (PRV) near the intersection of Kodiak and Stoddard. Public Works obtained three bids for this work. Irminger Construction submitted the lowest bid of $49,058. Recommended Council Action: The Public Works Department recommends that City Council approves a contract with Irminger Construction for installation of the Kodiak PRV for a cost of $49,058, and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. 0 Page 1 0 Kodiak Pressure Reducing Valve (PRV) Bid Schedule Bid Opening: 6/14/2006 Item Item Description • Est Total Unit Qtv Unit Price Price 1 Mobilization LS 1 + cool 2 10" PRV Vault Per Detail Drawinq EA 1. CIL, lrf� 3 PRV Bypass Per Detail, Length "L" is approximately 20 feet EA 1 .974/,P. 4 Landscape repair including sprinklers LS 11500� 5 Traffic Control LS 1 0-Zzw ZeW4 01 307.4.1.G.1 Tvpe P Surface Restoration SY 42 g Me 6 &` 706.4.1.E.1 Sidewalk SY 14 11,6 C11% 706.4.1.A.7 Curb and Gutter, Type II LF 25 S2x!� Respectfully Submitted: 0'�o Signature ' Name Title L- / ' Date Total of Bid Schedule Name of Company Address License Number 0 . June 16, 2006 MERIDIAN CITY COUNCIL MEETING June 22, 2006 APPLICANT ITEM NO. S -V REQUEST Resolution -- Water Master Plan Update 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: See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meddian. CITY OF MERIDIAN 0 RESOLUTION NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION RATIFYING THE CITY COUNCIL'S APPROVAL OF PUBLIC WORKS WATER MASTER PLAN FOR CURRENT AND FUTURE FACILITES THAT IS INTENDED TO ASSURE THAT WATER REQUIREMENTS, SUPPLY, STORAGE, DISTRIBUTION, AND WATER QUALITIES HAVE BEEN ADDRESSED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 6, 2006, the City Council of the City of Meridian, received a presentation from the Public Works Department regarding the adoption of the Public Works Water Master Plan for current and future facilities that is intended to assure that water requirements, supply, storage, distribution, and water qualities have been addressed, as shown by Attachment "A" and incorporated herein by reference; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said Public Works Water Master Plan; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Public Works Water Master Plan for current and future facilities that is intended to assure that water requirements, supply, storage, distribution, and water qualities have been addressed is hereby adopted. A copy of the Water Master Plan is attached as Exhibit "A". Section 2. That the Director of Public Works is hereby authorized to implement and carry out the Water Master Plan. Section 3. 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 '02 it d- day of 12006. APPROVED by the Mayor of the City of Meridian, Idaho, this day of <rk-rut— , 2006. PUBLIC WORKS WATER MASTER PLAN Page 1 of 2 0 • \`\�,m1N'IIAYQA, T ATTE T: WILLIAM G. BERG, J /, CIfY CLE _ 0L - PUBLIC WORKS WATER MASTER PLAN Page 2 of 2 June 16, 2006 MERIDIAN CITY COUNCIL MEETING APPLICANT June 22, 2006 u ITEM NO. S -w REQUEST Resolution — Sewer Master Plan Update AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See aHached 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: C �/ 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 meefinps shall become property of the City of Meridian. CITY OF MERIDIAN BY THE CITY COUNCIL: • RESOLUTION NO. A�—" ��� BIRD, BORTON, ROUNTREE, WARDLE A RESOLUTION RATIFYING THE CITY COUNCIL'S APPROVAL OF PUBLIC WORKS SEWER MASTER PLAN THAT SHOWS THE ULTIMATE BUILD -OUT OF THE SEWER SYSTEM, AS DESIGNED AT THIS TIME; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 6, 2006, the City Council of the City of Meridian, received a presentation from the Public Works Department regarding the adoption of the Public Works Sewer Master Plan that is intended to assure that sewer trunk locations and pipe sizes are planned in advance and indicates the ultimate build -out of the sewer system, as designed at this time, as shown by Attachment "A" and incorporated herein by reference; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said Public Works Sewer Master Plan; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Public Works Sewer Master Plan that is intended to assure that sewer trunk locations and pipe sizes are planned in advance and indicates the ultimate build -out of the sewer system, as designed at this time, is hereby adopted. A copy of the Sewer Master Plan is attached as Exhibit "A". Section 2. That the Director of Public Works is hereby authorized to implement and carry out the Sewer Master Plan. Section 3. 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 Z h day of , 2006. APPROVED by the Mayor of the City of Meridian, Idaho, this 2Z ' day of <74-kiX, , 2006. PUBLIC WORKS SEWER MASTER PLAN Pagel of 2 A' . BERG, -pre fl 1 i(e k PUBLIC WORKS SEWER MASTER PLAN Page 2 of 2 2500 a 2500 5000 SME Ia PW LEGEND �1 I��� ®®® 1g• 21' 24' ��— -1 3p- ®®® 38' — — — FORCEMAIN ODNERSION • • .. • • • . _ • ._®ad �.�. MCMILLAN ROAD 1H° ORIGINAL MP SCJ 24 NEW MP SIZE NORTH BLACK .i` � ,qp. ------ •.. — - (a .. --_ USTICK ROAD -g � p 6 `y Sg CHERR -.- CK CAT L& 48 I UPRR s FRANKLIN ROAD g t 1.84 t r 4 p .84 O 9 OVERLAND ROAD. -� MODERMOTT S. LS 1 LEGEND �1 I��� ®®® 1g• 21' 24' ��— 2r 3p- ®®® 38' — — — FORCEMAIN ODNERSION n"`�Ort18 LIFT STATION 1H° ORIGINAL MP SCJ 24 NEW MP SIZE A, ••m LAKE HAZEL ROAD j i COLUMBIA ROAD N I $ f � y 9 T T 9 b'¢ ggg E CITY OF MERIDIAN 2005 ADDITION TO 2003 MASTER PLAN ^"° "'^°^"0°� ;� jw1Ne°�"'®o.®m.w,mm..�ro °wee �.a> J -U -B ENGINEERS, Ina 250 S. Beachwood A'm�e 3Wte 201 Bdse, Idaho 83709-0844 Ph— 20a.IM7330 FID 208.323.9338 rww,luo,com rl Ir C FIGURE 2 MASTER PIAN TRUNK LINE SIZES-ALT.1 0 0 June 16, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING June 22, 2006 APPLICANT Legal Department — Bill Nary ITEM NO. 6-A-1 REQUEST Discussion of Community Recycling Fund for Solid Waste Advisory Committee for Adventure Island Playground: 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: See attached 69 �p/L). OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall became properly of the Coy of Meridian. 0 Community Recycling Fund Application Review Form The Solid Waste Advisory Committee to the City of Meridian has made the following decisions regarding distributing expenditures from the Community Recycling Fund. Organization: Adventure Island Playground Proposed Project: Playground surfacing material Application Date: 4/14/2006 Reviewed By: Nancy Mann Brad Watson Charlie Rountree Review Date: June 1, 2006 Amount Requested: $25,000.00 Amount Awarded: Proposed Date to Present to Council: June 20, 2006 (originally June 6, 2006) Reason for variance, if applicable: Jaycee Holman Notes: This is a good project and would be a great use of the community recycling funds. Council did not have time to address this on June 6, 2006 as originally scheduled. 0 • �.a Community Recycling Fund Application See This application is to be completed by organizations applying for community recycling funding. Please note: We can only consider applications for projects within Meridian city limits; which pertain to recycling; which have a 1:1 matching component; which contain recycled content if applicable; and can have a sign placed on or near the project stating that D was funded In part by the Meridian curbside recycling program. Please return completed application to Sanitary Services, Co. 2130 W. Franklin Road, Meridian, Idaho, 83642 or fax to 888-5052. Organization Name The Adventure Island Playaround a volunteer project in partnership with the Cityof Meridian and JumgStart Pediatric Outpatlent Services of Saint Alphonsus Regional Medical Center Address 179 SW Fifth Avenue City Meridian State iD Tip Code 83642 Contact Name and Title Angela Undig Project Urector Phone Number 887-3531 Fax Number 367-8288 Describe your organization's purpose. Attach additional sheets if needed. Adventure island is Idaho's First Universally Accessible Playground located in Meridian's Settler's Park at the comer of Meridian and Ustick Roads A Universally Accessible Playground is one that will allow for natural inclusion of alllgeogle regardless of their ability level Design features include ramp access rubberized poured In Mace surfacing< imaginative play areas such as a rocket sh_p and a boat as well as sensory rich environments These will include sand water, and even music This facirity promotes a hi -fold message of education recreation and inclusion. Describe the community recycling activity you would like to have supported. Attach additional .sheets if needed. The swine area of Adventure Island is an imperative feature of chase two of the project. It Includes standard swings and toddler swings as well as four very unique handicapped accessible swings for children with disabilities to access Additionally, the surfacing beneath the swing area will be consistent with the surfacing already in place under the main playstructures Both the swings the steel posts and the surfacing itself will incorporate recycled material. This special rubberized surfacing uses approximately 8579 recycled material and is the most accessible surfacing available today meeting ADA guidelines as well as safety standards 1 0 • Total funds requested $25,000 Total estimated cost of project $64 000 Describe how the community recycling funds will be used, how the matching contribution will be determined, and the schedule for the project. Attach additional sheets if. needed. The swings which use more than 50% recycled material will cost approximately S9 000 and the surfacing which consists of 85% recycled materlal costs approximately $42 000 Installation concrete and site develooment costs are estimated at $13 000. The $25,000 requested recycling funds will be used along with matched funds through the Adventure Island Playground volunteer committee fundraisers to purchase these items and install them during the Summer of 2006 Permanent recoanition will be given at the site. Signature of Contact Persona JW* must have a Date process your request) TM When trust matterstm • Packing Peanuts: 100% biodegradable Clrh p • Cardboard: 40 100% biodegradable U -M On p"69% 4, d. attiri�nu `4 jc Ow tires 0 2005 Playmrld SystarnO. Inc. Playwarld" Is a brand of Phrj%wrld Systems". Inc. �n� No Fault Products Recycled Material Information This letter is to confirm that No Fault Sport Group incorporates recycled materials into our No Fault Safety Surface System. Most of the recycled material is rubber from post -consumer tires, called SBR (Styrene Butadiene Rubber). We also use a combination of pre -consumer and post consumer materials from other sources. No Fault Safety Surface is a two-part system. The bottom layer is 100% recycled SBR rubber. The top layer is EPDM Rubber, which is a man-made rubber. Therefore, the total No Fault Safety Surface System is considered 85% recycled. Other No Fault Products include No Fault Safety Tiles and No Fault Rubber Mulch. These products are made from 100% post consumer recycled tires. t dta�+,'.i�.a5?!�r��,"k�u".n<�,Sa.e:�?;`-:a;w�h,:4u�w�a.��,",faa%1Pd.�.�-...::�'���°,ff.3.�, e,ar,�,, a-t�. ":cc"+c7S+�'f-3�'L�ia ..r;:'it�c*�:�":'•S��%i'1'�','�,Y.'..,"t,`� No Fault Sport Group, LLC N 3112 Valley Creek DrIm, Suite C • Baton Rouge, LA 70808 Phone: (225) 215-7760 • Fax: (225) 291-3821• Toll Free: (866) 637-7678 T 0 June 16, 2006 • Department Reports MERIDIAN CITY COUNCIL MEETING June 22, 2006 APPLICANT Planning Department — Steve Siddoway ITEM NO. 6-B-1 REQUEST Approve / Award Contract for Ten Mile Interchange Specific Area Plan to HDR, Inc. 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: Date: Phone: Emailed: Staff Initials: Materials presented at pubec meetings shat) become property of the C8y of Merman. ® 0 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this 20th day of June 2006, 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 HDR Engineering, Inc. hereinafter referred to as "CONSULTANT", whose business address is 412 E. Parkcenter Blvd, Boise, ID 83706-6659. Scope of Services: CONSULTANT shall perform all services, and comply in all respects, as specified in the document titled "Ten Mile Interchange Specific Area Plan Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. This agreement includes all of the basic scope of work, plus tasks 2.1, 2.2, 2.3, and 2.9 as defined in Exhibit "A." Any additions or changes will require a formal amendment to this agreement. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on December 15, 2006 unless extended in writing prior to expiration. 3. 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 caused or incurred by CONSULTANT, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious 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 minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, 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 liability to persons or property. Additionally, CONSULTANT shall maintain Workers Compensation Insurance, in the statutory limits as required by law. 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. 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 Clerk with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. PROFESSIONAL SERVICES AGREEMENT — page 1 of 5 4. Independent Contractor: 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. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5. Compensation: CONSULTANT shall be compensated for professional services pursuant to and specified in attached Exhibit `B." Not more than $70,000 of fees shall be incurred prior to October 1, 2006. 6. Method of Payment: CONSULTANT will invoice the City of Meridian Accounting Department at 33 East Idaho Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this Agreement at the end of each month or upon completion of the scope of services. The CITY will pay all invoices within thirty (30) days after receipt. 7. 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 Attn: Keith Watts 33 E. Idaho Avenue Meridian, Idaho 83642 HDR Engineering, Inc. Attn: Miguel Gaddi 412 E. Parkcenter Blvd. Boise, ID 83706-6659 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 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. PROFESSIONAL SERVICES AGREEMENT — page 2 of 5 0 • 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 discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: 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. 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, 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. PROFESSIONAL SERVICES AGREEMENT — page 3 of 5 0 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 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. 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. PROFESSIONAL SERVICES AGREEMENT — page 4 of 5 WILLIAM G. BERG, 0 0 CONSULTANT - -Z"�" y - &""" BY: 41 CITY OF MERIDIAN A D' 011i/!illi tei1,111°'zq�4 t, PROFESSIONAL SERVICES AGREEMENT — page 5 of 5 s Ar&rf I'd. &A -t - Ca &L:- 6-Z2®®6 0 • Exhibit A Scope of Work Ten Mile Interchange Specific Area Plan Scope of Work Basic Scope for Ten Mile Area Specific Area Plan (Fee: $ 65,000) The following scope associated with Phases I-IV represents the basic project scope as presented in proposal excluding preparation of the Market Analysis and Design Guidelines. Optional tasks are outlined in Task 2. All specified dates are assuming a Notice to Proceed is issued no later than June 21st, 2006 Phase I — Basis for Planning — Existing & Future Conditions Task 0 - Administration Task 0.0 Project Guide HDR and all team members will initiate the project including setting up project files, preparing budgets, and preparing schedules. In order to ensure consistency among team members and the City of Meridian requirements, HDR will prepare a "Project Guide" for the Ten Mile Interchange Specific Area project. This document is the basic plan for execution of the project. Information incorporated in the document will include: • Client contacts, including names, addresses, phone and fax numbers and e-mail addresses. • Project team, including names, addresses, phone and fax numbers and e-mail addresses. • Team member responsibilities. • Media communications and protocol. • Scope of Work. • Budgets by task. • Schedule. • Deliverables. • File Index. • Other information necessary to the project team to have a clear understanding of the work and their respective responsibilities. The Project Guide is an active document, to be updated as necessary throughout the life of the project. Deliverable: Project guide (PDF). Task a 1 invoicing and Progress Reports Monthly progress reports will be prepared and submitted with each invoice. They will be submitted to Steve Siddoway/Matt Ellsworth. Miguel Gaddi will prepare the invoices and progress reports. Each invoice will show all labor and direct expenses included for the period. Internal project memos completed by the team will be included with each progress report/invoice to document progress. Monthly calls or meetings will be held between the HDR PM Mark Sawyer and City PM Steve Siddoway to ensure project coordination and resolution of any project issues. City Responsibilities. The City is responsible for reviewing all internal memos, documents, and deliverables submitted and providing comments to HDR within 7 days of receipt. The timeframe for comments is important to ensuring that the team is getting critical feedback and can maintain the schedule. If comments are not received, the materials shall be assumed to be accurate. HDR Responsibilities. HDR will prepare internal memos or summaries for each task. Internal memos are not assumed to be final documents. They are prepared for internal communication purposes and as documentation to assist in final plan preparation. As a result, they should not be distributed. 6 •2�m1m �'- � 0 • Deliverable: Monthly Progress Reports (PDF). Task 0.2 Meeting Announcements and Materials HDR will prepare all meeting materials and announcements, public notice/events ads, agendas, etc., (up to 4 press releases at logical times during the process are included) and provide copies to the City in pdf and WORD format. Printing and distribution and any advertising costs are the responsibility of the City. Deliverable. Meeting and event materials and announcements (PDF and WORD). Task 1— Ten Mile Interchange Specific Area Plan The development of the plan will be conducted in 4 phases. The process is outlined in the flow chart below. e'en mile Interchange Specific Area Placa Project Timetine June July August September October November December 2006 zoos ww 2006 2DU6 20x8 2006 PHASE I PHASE II PHASE III PHASE IV Basis for Planning Basis forCaUaboretion Charrette BasisforActlon w Vision, Goals, Existing & Future Engaging the Scenario Refining Draft Adoption Conditions Stakeholders Development the Preferred Plan & IL & Selection of Plan Implementation' Preferred ! Plan / Charrette - --0n9.nin9 P 9 b I i C Involvement —� Web posting, web comment form, media releases, web blog, web survey 0 optional MCI Task 1.1.1 Meeting with City Staff (July 7+") HDR will hold a meeting with City staff. The purpose of the meeting is to address general coordination issues. Task 1. 1.2 Kick-off Meeting (July Th) HDR will hold a meeting with City staff, and representatives from ACRD, ITD, and COMPASS. The purpose of the kick-off meeting is to: Develop a preliminary list of issues that will influence development of the plan - including, but not limited to, continuity and compatibility of land uses, transitional areas, transportation, and infrastructure services. Identify key stakeholders and conduct stakeholders analysis. Review potential data sources and discuss data coordination requirements. City Responsibilities: The City is responsible for providing meeting space and inviting and ensuring the participation of all City staff and officials important to completing the work described in Task 1.1.1 and 1.1.2. Task 1.2 Analyze, Review, and Develop Base Level Information and Projections (July — October) HDR will develop a background analysis in order to prepare for charrette. The background analysis will include: 2 e Existing land uses and ownership patterns Environmental conditions Infrastructure and services — existing and planned future service areas and facilities Transportation facilities — existing and proposed transportation facilities and transit routes Transportation system performance — Current and forecasted traffic patterns and trip generators, current and forecasted volumes and intersection levels of service (data to be provided by COMPASS model runs with updated population forecast provided by City of Meridian) Existing and ongoing plans and studies — Communities in Motion, Blue Print for Good Growth, City of Meridian Comprehensive Plan, 1-84 Corridor Plan, and others Design guidelines — inventory of existing city codes, zoning criteria and design guidelines. City Responsibilities: The City is responsible for providing copies of all internal documents and information to the project team including any available mapping/GIS data for the area. Phase II — Basis for Collaboration — Engaging the Stakeholders This phase will begin to engage the public and stakeholders in the development of the plan and identify key public and stakeholder issues. Task 1.3 Stakeholder Interviews (First two weeks of August) HDR will conduct 10-15 one-on-one confidential stakeholder interviews with property and business owners, community groups, and public officials. This task will be coordinated with the Ten Mile Interchange public outreach being conducted by RBCI (Rosemary Curtin). The results of confidential interviews will not be shared with the City of Meridian, but will inform the issues development and process for the charrette team. HDR will integrate the results of the stakeholder interviews with the results of the public meeting and prepare an internal memo for City review. In this way confidentiality of the responses will be maintained. Task 1.4 Coordination Meetings (August 31 st & October 26h) HDR will hold two coordination meetings that include the following participants: Mayor of the City of Meridian, City of Meridian Planning, City of Meridian Economic Development Office, City of Meridian Public Works Department, Meridian City Council, Meridian Planning & Zoning Commission, Meridian Chamber of Commerce, Meridian School District, Ada County, ITD, ACHD, COMPASS, Idaho Smart Growth, Valley Regional Transit and Ten Mile Interchange Design team representative. (This list will be revised during the stakeholders analysis at the kick off meeting). The first meeting will be held as part of Phase 11 and will help establish ownership of the project, coordinate ongoing projects, identify data gaps and identify resources that each agency can bring to the process and contribute to the charrette event. The second meeting will be held in Phase IV, following the charrette, and will help refine and test the details of the preferred plan. The consultant will prepare all meeting materials and provide them to the City at least one week in advance of the meetings. All materials will be provided in a pdf format to allow printing and email transmission to meeting participants. City Responsibilities: The City is responsible for providing meeting space, sending the meeting announcement and materials, and providing refreshments. A minimum of two City staff members will be required to attend the meeting. The City is also responsible for identifying participants, contacting and securing the commitment of participants, and reproducing and sending all meeting materials. The City is also responsible for updating City officials throughout the process as they determine appropriate. Deliverable: Meeting and event materials and announcements (PDF & WORD). Task 1.5 Public Meeting (August 31 st) A public meeting will be held in early September. HDR will facilitate the meeting. The purpose of this meeting is to introduce the project and begin the rigorous and iterative brainstorming and review cycle processes that will serve as the basis for the charrette and will forge community participation. �ridian ,s City Responsibilities: The City is responsible for providing meeting space, advertising the meeting, and providing refreshments. A minimum of two City staff members will be required to attend the meeting. Deliverable: Meeting and event materials and announcements (PDF & WORD). Phase III - Charrette - Vision, Goals, Scenario Development & Selection of Preferred Plan Task 1.6 Charrette Event (September 259,, 269,, 279, & 289, - Includes Task 2.3) The three-day charrette is the focal point of the process. During this time, residents, staff, elected officials, stakeholders and other participating agencies will work with the charrette team to produce an illustrative plan for the development and growth of the Ten Mile Interchange Specific Plan Area. Working onsite and allowing public access for almost 12 hours each day fosters public participation and the community's direct involvement in the decision-making process. This is the point in the process that plan authorship by the stakeholders and the public happens. The charrette team will include six consultant team members and at least three representatives from the City Planning Department and one from the Public Works Department. The municipal representatives will be fully integrated and actively work to help develop charrette products. The charrette will be held the last week of September. City Responsibilities. The City is responsible for providing charrette space, advertising the charrette, and providing refreshments. A minimum of four City staff members will be required to participate in charrette. Deliverable: Meeting and event materials and announcements (PDF & WORD). Charrette Day 1 – Visioning. Several visions of the Ten Mile Interchange Area will be developed by the charrette team based on the information gathered in Phases I and II. These visions will represent a series of potential frameworks for the design and development of the area that will be tested during the public session in the evening. The frameworks will integrate a variety of design, transportation, land use, and other development components as a means of obtaining input and ultimately, affirmation concerning a preferred vision or framework for development of the area. At the end of the first day, the charrette team will ask for authorization from the public and stakeholders to proceed with development of a series of three alternative design concepts based on the preferred vision. Several detailed design issues such as building massing and orientation, architectural elements, and land use mixes will be tested to determine preferences as part of the visioning process. Charrette Day 2 – Design Concept Development. The charrette team will begin development of three alternative design concepts including the land use, urban design, transportation system, regulatory, and infrastructure components based on the affirmed vision or design framework from Day 1. The process will include an analysis of infrastructure elements and conformance with the market parameters identified in the market analysis (if included as an optional task). Specific stakeholders will be invited in during the day to review and refine the concepts being developed. The day will conclude with a public meeting where affirmation and authorization will be sought to proceed with the evolution of a preferred design concept or elements of several of the design concepts into a preferred plan for the Ten Mile Interchange Area. (Note. if Task 2.3—Additional Day of Charrette—is funded, the Design Concept Development will take place on days 2 and 3of Charrette and the following item [Development of Preferred Plan] would become day 4). Charrette Day 3 – Development of Preferred Plan. In developing the preferred plan during the third day, issues and elements will be tested with various stakeholders throughout the day to ensure acceptance and 1 riR'ian 4 y Y Yam' � support. The preferred plan will include a proposed land use element, urban design element, and infrastructure element. The preferred plan and its critical components will be presented to the public during the third evening for confirmation and authorship by the public and area stakeholders. Phase IV - Basis for Action — Draft Plan Task 1.7 Draft Plan and Coordination Team Meeting (October — November) HDR will prepare a draft plan based on the concepts developed and agreed on at the charrette. The draft plan will be delivered the first week of November. The second meeting with the coordination team will be held on October 26th to test the draft plan elements. The draft plan will be submitted for comment to the City in PDF and WORD format. The plan will include two elements and a framework. Deliverable: Meeting and event materials and announcements (PDF and WORD). Land Use Element and Urban Design Framework The land use element will help establish the organizational framework of the area, provide the basis for zoning, and facilitate development of the area. The palette of specific land uses will be identified based on the market analysis (if included as an optional task) and charrette. The appropriate transition of uses will be identified, presenting a theme that establishes links to avoid creating defined separation between the new development and the established community. Focal points of activity will be located based on the nature of existing uses, future uses, and transportation/transit corridors to build a framework in which land uses will work in a sensible and functional manner. The land use element and design framework will establish a vision of the area through general guidelines for setbacks, buffers, and amenities. The objective of the land use element will be directed toward the general schedule of uses, the establishment of focal areas, and feathering of transitional areas. The urban design framework will provide some diagrams and pictures that will clearly establish the general urban design vision for the area. Transportation Element The project study area will be impacted by several actions taking place around transportation and land use. The Ten Mile Road overpass over 1-84 will be transformed into a fully directional interchange, effectively "opening up" this area for development. While developers are currently interested in the property as is, the promise of an interchange and the amount of pass by traffic it will generate has had a tremendous impact on the type and intensity of proposed land uses in this project study area. Much of the study area currently is undeveloped and as such has no roadway network. As concepts are developed for land uses within the study area, roadway networks will be developed that support buildout of the concepts and serve the transportation needs of the community. It is important that the transportation infrastructure be able to support the land use proposed for the area. During this project, we will assess the volumes of transportation demand that will be generated by each concept, assess the impacts to the transportation network, and will make recommendations for the form and structure of the arterial and collector network. This will include suggested lane configurations, capacities and form (i.e. stop controlled, signalized, roundabout, etc). HDR will work with COMPASS staff to develop a sub area model for the project area that will incorporate land use, employment, and facility type to generate anticipated traffic loadings by scenario. Tum movements will be generated based upon trip attraction of the various land uses in developed scenarios. The transportation element will include suggested distances between access points in various parts of the study area and for roadway types, roadway connectivity throughout the study area, development types and densities, .,.''} �ri�lian � transit features like bus pull outs, potential station locations for Bus Rapid Transit (BRT) or light rail, as well as planning and land use considerations for the development area as they affect the transportation infrastructure and overall mobility within the study area. Deliverable: Draft Plan (PDF and WORD) Task 1.8 Final Plan (First week on December) HDR will integrate all comments received from the City and finalize the plan for submission integrating any comments received from the City. The final plan will be submitted in pdf and WORD format ready for printing. Printing and distribution will be the responsibility of the City. All changes made during the adoption process will be the responsibility of the City unless the City elects an optional task for HDR to provide additional assistance in the adoption process. Deliverable. Final Plan (PDF and WORD) Task 2 Optional Tasks Key Enhancements (included in original proposal) Task 2.1 Market Analysis (Fee: $ 5,400) (as in proposal) ■ Review socio-economic variables, including demographics (gender, age, income, ethnicity household size, etc.), psychographic lifestyle, and labor force. • Analyze commercial attributes, including permits (growth, density, value and composition), shopping malls and commercial and retail composition, including Standard Industry Classification, sales volume, and number of employees. ■ Identify market gaps, opportunities, and area of market saturation in the area and region. ■ Prepare market memorandum in PDF and WORD format. ■ The market analysis will be integrated into the planning process and plan. Deliverable: Market Analysis (PDF and WORD) Task 2.2 Urban Design Element (Fee. $12,060) (as in proposal) The urban design element will have several layers. The broadest layer is community design: the design and location of the public spaces, most importantly streets and sidewalks, parks and open spaces, edges between public and private spaces and connectivity within and beyond the sub -area. The next tier is site design including building locations in relationship to other buildings, the street, and the property edges; landscaping; parking location and design; and buffers or setback to other properties. The most detailed layer is the design and shape of structures. Factors to be considered are architectural style, massing, scale, height and fenestration. The guidelines will reflect the preferences of participants in the charrette process. The urban design framework will be highly illustrated and could provide adequate guidance for design review of proposal. The urban design element will be fully integrated with the plan. Deliverable: Urban Design Element included in Plans (PDF and WORD) Other Enhancements (developed through scoping meeting with City staff): Task 2.3 Additional day and staff (expertise) at charreite (Fee: $10,000) �ridi�rn l�- Adding a fourth day to the charrette event and staff would provide better opportunity for public engagement and will allow for a more comprehensive development of concepts and scenarios during the charrette event itself. The additional time will also allow for additional technical feedback and technical validation of the scenarios being developed. Task 14 Economic Assessment & Fiscal impact Study (Fee: $ 23,000) HDR will assess revenue and expense impacts to the City of Meridian of each concept and make adjustments in the preferred plan during charrette to incorporate and try to best meet the fiscal goals and performance measures established by the City. The analysis will be conducted with a revenue and expenditure projection model built for the City of Meridian. The model will be built in Excel and made available to the City as a revenue projection and expenditure tool that can be used to identify the fiscal consequences of development proposals. The model will consider all sources of revenue and all service expenditures of the City. The City will be responsible for providing revenue and expenditure information to HDR. The effort will include one meeting with appropriate City staff and officials to establish the goals and performance measures for new development. Deliverable: Revenue and Expenditure Model for the City of Meridian with user guide (Excel, PDF, WORD) Task 2.5 Assistance with Plan Adoption and Revisions (Fee: $Time and materials) HDR will assist the City will adoption of the plan including powerpoint presentations and materials preparation and any final edits/revisions resulting from the adoption process on a time and materials basis. The estimated costs of specific requests by the City will be quoted and agreed to bye email prior to beginning work. Deliverable: As requested Task 2.6 Enhanced Traffic Analysis (Fee: $22,000) The enhanced traffic analysis would consist of a Synchro Model of the project study area. This is an iterative process with the COMPASS Travel Demand Forecast Model whereby the outputs from the COMPASS model scenario analysis is input into the Synchro model to give more detail about the traffic movements in the study area, as well as giving things like optimal traffic signal timings, corridor progressions, LOS analysis, and being able to produce visual models on an aerial backdrop that display the findings of the model graphically based upon buildout of the project area. This is a scientific, interactive, and iterative process, thus takes more time than appropriate for the speed of a Public Charrette process. This would be largely completed after the Charrette, with the Charrette output informing the analysis. This output can be used widely in other transportation planning efforts in the immediate vicinity, like the Ten Mile Interchange development project, as well as any corridor analysis needed for potential widening of Ten Mile Road. Outputs of the Synchro Analysis will include: Expected "Opening Day" LOS Future LOS Optimal Signal Timings Corridor Progressions Graphic Display of Information (Skim Trees, Animations) Task 2.7 Street Design Standards (Fee: $13,000) HDR team, City of Meridian and ACHD will meet three times during the development of the standards. The standards will focus on the following components: an ,s �, , Y1IDvv'96-V Win' ■ Hierarchy of Street Types and Cross-sections ■ Gateways and Entries: Gateway markers may be used to define a district. The design of the markers would be coordinated with the materials and details of other elements in the city and would embody the characteristics that identify the area. Attention will be given to the pedestrian and vehicular scale. ■ Sidewalks: HDR will assess various sidewalks configurations and designs (attached/detached from curb, pedestrian path widths). Recommendations on preferred materials, patterns and colors will be included. ■ Intersection Design ■ Traffic Calming: Roundabout Design ■ Traffic Calming: Boulevard Street Design ■ Crosswalk Pavements: In commercial areas the crosswalk materials and pattern can be an important unifying feature of the district. ■ Street Furnishings: Street furnishings such as seating, newspaper racks, bicycle racks, bollards, and trash receptacles are important functional elements and amenities, especially in the commercial streetscape. ■ Street Trees: Trees give many benefits to the city. They supply shade, buffer wind, sun, and help clean the air and reduce glare. Street trees are the most important tool for buffering people from cars. They create a pedestrian space, make the street more comfortable and provide beauty year-round. Without street trees, pedestrians are exposed to the sun and the car with little sense of comfort. On commercial streets, trees are the most significant element that makes streets attractive to shoppers. Many factors affect design in commercial streets, including the volume of pedestrians, the size and orientation of sidewalks, the distance from trees to buildings, the visibility of facade and signs, and the speed and volume of vehicles. ■ Tree Location ■ Recommended Street Trees ■ Lighting: Lighting can play an important role in the character, function and security of a streetscape. Scale, style, lighting effect, cost and maintenance affect fixture selection. ■ Spacing and Location: Locate lights as part of an overall system that organizes other street elements such as trees, benches, and paving. ■ Style and Materials: Select lighting styles to integrate with the architectural or historical character of the area. Deliverable: Street and Streetscape Design Standards (PDF and WORD) Task 2.8 Design Guidelines (Regulatory Document) (Fee: $14,000) Two meetings with area developers and other stakeholders will be held to discuss the translation of the plan into design guidelines for the area. HDR will provide a document covering the following aspects: (applicability of each will depend on the district types within the study area) ■ Building Placement Standards ■ Build -to and Setbacks Requirements ■ Ground Floor Requirement ■ Width Requirements ■ Height Requirements ■ Building Configuration Standards ■ Materials ■ Roofs ■ Parapets ■ Windows and Doors ■ Arcades ■ Towers ■ Parking ■ General Conditions ■ Dimensions ■ Parking Rados �2 �ridian Deliverable: Design Guidelines (PDF and WORD) Task 2.9 Industrial Lands Study and Assessment (Fee $ 5,000) Existing land use for the City of Meridian will be collected, measured and evaluated for light and heavy industrial land usage, using a variety of sources such as real estate, transportation and environmental factors. A comprehensive land use/parcel database and accompanying maps will be created (Access and ArcGIS formats) of all parcels within the city of Meridian. Database fields and attributes will include the following components: • land status (vacant or developed) • zoning • water and sewer availability • parcel information • light- and heavy -industrial usage delineation. A Marketing Needs / Opportunity Assessment will be conducted from previous and current light and heavy industrial business growth and composition within the City of Meridian, culminating with trends and recommendations for types of businesses best suited for the study area. Appropriation of existing land use inventory will be examined using a variety of criteria, such as: • proximity to major transportation arterials (interstates, major highways, railroads) • land characteristics (market demand, acreage, slope, floodplain) • availability of telecommunications and high speed internet access • environmental factors (pollution concerns, buffers, etc.). Industrial land use suitability will be recommended based on the agreed upon criteria, culminating with compatible and non -compatible light and heavy industrial recommendations. The length of the project will span over a period of three months, covering the following meetings and deliverables: Weeks 1-3: Initial meeting to discern project outcomes and determine all parties involved (e.g., planners, public works, ACHD, Chamber, etc.). Weeks 4-7: Presentation of current land use inventory and proposed criteria for light- and heavy - industrial suitability. Weeks 8-11: Present initial draft, Record follow-up items for project incorporation. Week 12: Formal presentation of final project. Presentation will include hardcopies of executive summary, maps and databases. All presentations will include MS Power Point files, GIS format maps (hardcopy and PDFs), and MS Access Databases. Deliverable. Industrial Lands and Market Analysis (PDF and WORD) Exhibit B Compensation CL k J # § �k § cc 0Z o e ■�- z k 2 SIL k m i� J LL Fol \ k § 0 E £m kz k � � � k t A \ < � k 7 IL ] § # k 22 o- iR $ ) _ � (CUL k U) �e § v E CL G 8 2 0 / 2 4 I a ■& I a 0., t °'k§ § a I $ 2 cc k c R k § kCl) )� o a 2 \ j k k k 2 f 4� g e e $■$ c§§ 5 j ©o o c If a. k 2■ & % k § `$ a° k 2 k ■ c e k@ § k 8 ©�w 2 2 < m f) a Q Q E I ■ < w m o= 0 2 g mV q CO t-- CO- q g v R q w@ q -: ,z '— C4� cq cq C4 C4 C4 C4 C4 0 t 7 ) 3 k HDR Engineering Ten Mile Interchange Specific Area Plan Project No. Key No. B: HDR DIRECT NON -LABOR CHARGES - TASKS 0 to 2.3 & 2.9 (Other Optional Tasks Not Included) Note: These charges are already included in the Cost & Time Estimates and are not in addition to the costs on that sheet. REPRODUCTION Plotting, Printing & Photocopying Travel Car Rental Car Rental (Fuel) Mileage Lodging (Charrette) Lodging Meals (Charrette) Meals (M&EI) Air Fare (Charrette) Air Fare (Denver to Boise) Telephone Long Distance Calls Computer Total HDR Project Hours Miscellaneous Expenses Printing for Newsletters (Internal drafts) Postage for Newsletters Postage, Express Mail Room Rental for Public Meetings REPRODUCTION TOTAL $1,300.00 15 days $50.00 = $750.00 100 gallons $2.20 = $220.00 500 miles $0.485 = $242.50 5 nights 2 person $100.00 = $1,000.00 6 nights 1 person $100.00 = $600.00 4 days 7 person $30.00 = $840.00 15 days $30.00 = $450.00 1 trip 2 person $500.00 = $1,000.00 3 trips 1 person $ 370.00 = $1,110.00 TRAVEL TOTAL $6,212.50 6 Months @ $30.00 = $180.00 634 hrs @ $4.10 = $2,599.40 COMPUTER TOTAL $2,599.40 $100.00 $0.00 6 Months @ $20.00 = $180.00 $0.00 MISC. EXPENSES TOTAL $280.00 HDR TOTAL $10,571.90 HDR Engineering Ten Mile Interchange Specific Area Plan Project No. Key No. C: TEAM MEMBERS RATES Subconsultants Planning & Management Services 13 (Diane Kushlan) $85.00 LoGlSbcal Marketing 14 (Beau Webber) $85.00 HDR Members Hourly Rate Project Manager -- 1 (Mark Sawyer) $34.61 QA/QC 2 (Steve Coyle) $75.75 Assistant Project Manager 3 (Miguel Gaddi) $26.50 Senior Transportation Planner 4 (Don Galligan) $45.50 Senior Community Planner 5 (David Robbins) $45.68 Planner / Landscape Architect 6 (Sara Hoeber) $25.73 Transportation Engineer 7 (Linda Mitchell) $27.00 Senior Landscape Architect 8 (Allen Howell) $34.60 Landscape Architect 9 (Christine Whittaker) $42.00 GIS / 3D Specialist 10 (Rick Lovel) $25.50 Accounting 11 (Zelma Miller) $27.60 Administrative Staff 12 (Lefty Frias) $19.75 Approved Rate 156.53% Net Fee 8.00% Subconsultants Planning & Management Services 13 (Diane Kushlan) $85.00 LoGlSbcal Marketing 14 (Beau Webber) $85.00 El U 2 0 A e m � U m �v i C ® 1 � to N 52 m � a- ca Y Q -ca C7 tC'1 I� N C7 N cm v a 0 v ❑ ❑ ❑ 1 > m �v i 1 � to o ' $ a g W a a' -ca a ta7 co N m 1 0 0 ® 0 0 0 • June 16, 2006 Department Reports MERIDIAN CITY COUNCIL MEETING June 22, 2006 APPLICANT Planning Department -- Steve Siddoway ITEM NO. 6-B-2 REQUEST Update on South Meridian Area Plan Phase Two Contract and Timeline: 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: V" U 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. 0 • AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this 31 day of March , 2005, 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 Lynda Friesz Public Relations, Inc., hereinafter referred to as "CONSULTANT", whose business address is 816 West Bannock 4th Floor Boise ID 83702. 1. Scope of Services: CONSULTANT shall perform all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on May 15, 2006 [NOTE: should be no later than the end of the current fiscal year] unless earlier terminated or extended. 3. 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 caused or incurred by CONSULTANT, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious 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 minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, 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 liability to persons or property. Additionally, CONSULTANT shall maintain Workers Compensation Insurance, in the statutory limits as required by law. 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. 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 Clerk with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. PROFESSIONAL SERVICES AGREEMENT — page 1 of 5 4. Independent Contractor: 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. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5. Compensation: CONSULTANT shall be compensated for professional services pursuant to and specified in attached Exhibit "A" 6. Method of Payment: CONSULTANT will invoice the City of Meridian Accounting Department at 33 East Idaho Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this Agreement at the end of each month or upon completion of the scope of services. The CITY will pay all invoices within thirty (30) days after receipt. 7. 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 33 E. Idaho Avenue Meridian, Idaho 83642 Lynda Friesz-Martin Public Relations, Inc. 816 West Bannock, 4th Floor Boise, ID 83702 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 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. PROFESSIONAL SERVICES AGREEMENT — page 2 of 5 1 Q. 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 discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: 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. 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, 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 PROFESSIONAL SER`JICES AGREEMENT — page 3 of 5 0 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 CONSUL'T'ANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is 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. 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. PROFESSIONAL SERVICES CONSULTANT 0 CITY OF MERIDIAN Ird . M 112111 1 . OF Attest: BEAL LIAM G. BERG, CI CLF,, N'� r �P (111111 PROFESSIONAL SERVICES AGREEMENT — page 5 of 5 Lynda Friesz Public Relations, Inc. 4 oz � '�s�ii'''; ,q � � jt'• r � � Qi � Il .'9 •n/. 03 En - 3 3 o z '" � = y ;a m ibto ��� di ra jR y ! '•, 7ZPtt !•, 'fl ' ta1i 1 r•• j{d�. iA � 1 O O tJ Q 88 Q O bb i?00 X71 pp pp C O � t 00 f .. �°• ca CA x ��' xCh xII Y� J � i 1(i• g P � 11 � ,•u qe�, . t'o: 1n r•• • i ! • 4 P. '+fie t, •tt .. ` t.� � en`s R 0 • June 16, 2006 MERIDIAN CITY COUNCIL MEETING June 22, 2006 APPLICANT LC Development ITEM NO. 8 REQUEST Request to Withdraw Applications for Baltic Place Subdivision Addition and Request for Refund of fl=ees 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 attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetbW shall become properly of the City of Merldkm Sharon Smith From: Shari Stiles [es-sharis@qwest.net] Sent: Thursday, June 15, 2006 10:09 AM To: Barbara Shiffer; C. Caleb Hood; Mike Cole; Nancy Radford; Sharon Smith; Sonya Watters; Tara Green; Will Berg Cc: Tammy de Weerd; Becky McKay Subject: Baltic Place Addition Subdivision Dear Meridian: On behalf of our client, LC Development, Inc., we hereby request to withdraw the above - referenced application. Also, in accordance with Section 11 -5A -7.C., we petition the City Council for return of the application fee of $3,655. Please let me know as soon as possible if you need additional information. Thank you. Shari Stiles Engineering Solutions, LLP 150 E. Aikens Street, Suite B Eagle, ID 83616 Telephone: (208) 938-0980 Fax: (208) 938-0941 es-sharis@qwest.net 1 0 • June 16, 2006 MERIDIAN CITY COUNCIL MEETING June 22, 2006 APPLICANT Heron River Develooment. LLC FP 06-025 ITEM NO. 9 REQUEST Final Plat approval of 57 single-family residential lots, 7 common lots and one alley access lot on 11.72 acres in an R-8 (PD) zone for Crossfield Subdivision No. 2 - 955 W. Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments 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. 0 0 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF HERON RIVER DEVELOPMENT, LLC FOR FINAL PLAT APPROVAL OF 57 SINGLE- FAMILY RESIDENTIAL LOTS, 7 COMMON LOTS AND ONE ALLEY ACCESS LOT ON 11.72 ACRES IN AN R-8 (PD) ZONE LOCATED AT 955 W. USTICK ROAD IN GOVERNMENT LOT 3 OF SECTION 1, T. 3N., R. 1W. C/C June 22, 2006 CASE NO. FP -06-025 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 June 22, 2006, and the Council finding that the Administrative Review is complete from Sonya Watters, Assistant City Planner for the Planning and Zoning Department, and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: June 22, 2006, 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 CROSSFIELD SUBDIVISION NO. 2 LOCATED IN GOVERNMENT LOT 3 OF SECTION 1, T. 3N., R. 1W., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CROSSFIELD SUBDPIISION NO.2 / (FP -06-025) Page 1 of 4 DATE: 05/16/06, SHEET 1 OF 2, ENGINEERING SOLUTIONS, LLP", HERON RIVER DEVELOPMENT, LLC, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Watters, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: June 22, 2006, 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 Engineering Solutions, LLP, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 3 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their June 22, 2006 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-off is 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CROSSFIELD SUBDIVISION NO.2 / (FP -06-025) Page 2 of 4 preventing groundwater and surface water degradation. Manuals for guidance: 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CROSSFIELD SUBDIVISION NO.2 / (FP -06-025) Page 3 of 4 CI • in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the �2a r xo( day of -Tule.. .2006. cc .OR TAT ATTEST: WILLIAM G. BERG, JR.&,,Cftf CE Copy served upon: v/ Applicd4� Planning ai�fte�gi`rtment Public Works Department City Attorney By: Aulku o City Clerk's Office Dated: -1 -2.7-Ota ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CROSSFIELD SUBDWISION NO.2 / (FP -06-025) Page 4 of 4 de WEERD CITY OF MERIDIAN INNING AND PUBLIC WORKS DEPIMENTS STAFF REPORT STAFF REPORT: TO: FROM: SUBJECT: We have reviewed this These conditions shall Meridian City Council: Hearing Date: June 20 2006 Transmittal Date: June 15, 2006 Mayor & City Council g� a,/ a-,nl IDAHO Sonya Watters, Assistant City Planner 1 " Michael Cole, Development Services Coordinator C Crossfield Subdivision No. 2 Request for Final Plat Approval of Crossfield Subdivision No. 2 Consisting of 57 single-family Residential Building Lots and 7 Common/other Lots on 11.72 Acres in an R-8 Zone by Engineering Solutions, LLP (File# FP -06-025). submittal and offer the following comments and conditions of the applicant. re considered in full, unless expressly modified or deleted by motion of the APPLICATION SUMMARY & LOCATION The applicant, Heron River Development, LLC, has applied for final plat approval of 57 single-family residential building lots and 7 common/other lots on 11.72 acres in an R-8 zone. Twenty of the proposed building lots will have alley loaded products, two will have attached products and the remainder of the proposed building lots will house single-family detached dwellings. The gross density for this subdivision is 4.86 dwelling units per acre. The net density is 6.66 dwelling units per acre. Crossfield Subdivision is located in a portion of Government Lot 3 and a portion of the SE 1/a of the NW 1/a of section 1, Township 3 North, Range 1 West, Boise Meridian. The site is located on the south side of Ustick road approximately 1/2 mile east of Linder Road. The site has not been previously platted. This development was approved as a planned development which allowed for reduced frontages of 50 - foot for detached products, 40 -foot for attached products, 34 -foot for alley loaded products and 15 -foot for cul-de-sac lots. Also, reduced lot sizes were approved to 6,380 square feet for detached, 5,000 square feet for detached patio home lots, 4,200 square feet for detached alley loaded products, and 3,950 for attached lots. The final plat for this phase shows two building lots fewer than was approved with the preliminary plat in Block 5 and the lots were subsequently made larger. Staff has no concerns with the proposed change because the resulting density stills falls within the target density desired in the Comprehensive Plan. The submitted final plat still substantially complies with the approved Preliminary Plat. Staff recommends approval of the final plat for Crossfield Subdivision No. 2 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved annexation (AZ -05-015), conditional use permit (CUP -05-022) and preliminary plat (PP -05-017). Exhibit "A" FP -06-025 Crossfield Sub2 FP PAGE 1 CITY OF MERIDIAN FON NING AND PUBLIC WORKS DEP*MENTS STAFF REPORT 2. The applicant has indicated Nampa and Meridian Irrigation District will own the pressurized irrigations system in this proposed development. Therefore a letter of plan approval shall be submitted prior to scheduling a pre -construction meeting. 3. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant has indicated that the primary source will be Five -Mile Creek which is a year round source therefore a single -point connection is not required. If, in the future a single -point connection is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 4. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Permanent perimeter fencing as shown on the landscape plan shall be installed prior to release of building permits for this phase. Sanitary sewer service to this site is being proposed from mains installed in previous phases. The applicant shall install mains to and through this proposed development. The applicant shall coordinate main size and routing with the Public Works Department. Cover over sanitary sewer mains shall be no less than three feet from finish grade to the top of the pipe. If cover is less than three feet from the sub -grade to the top of the pipe, alternated pipe materials shall be used per the Meridian Public Work's Standard Specifications. 6. Water service to this site will be from main line extensions installed in previous phases. The applicant will be responsible to construct water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 7. The submitted construction plans do not include a grading and drainage plan as required in PP - 05 -017 site specific requirement number 7. Prior to plan approval the applicant shall submit a grading and drainage plan that complies with the preliminary plat requirements. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie 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. 9. Graphically depict a 5 -foot wide public utilities, drainage and irrigation easement on the east property line of Lot 8, Block 11 and the north property line of Lot 6 Block 13. They will be interior lot lines to existing phases. 10. Applicant shall designate at least 12 lots on the north side of W. Stanhope Street to contain accessory dwelling units to obtain a residential density closer to the target of eight dwellings per acre per requirement of the preliminary plat. All detached lots shall be allowed to contain accessory dwellings if an accessory use permit is obtained. 11. The landscape plan, prepared by Harvest Design and dated 5/5/06, shall be revised as follows: a. Provide 1 tree per 35 lineal feet within the landscape buffer adjacent to N. Venable Lane. Submit 3 copies of the revised landscape plan to the Planning Department prior to signature on Exhibit "A" FP -06-025 Crossfield Sub2 FP PAGE 2 CITY OF MERIDIAN ONNING AND PUBLIC WORKS DEP*MENTS STAFF REPORT the final plat by the City Engineer 12. Revise or add the following note(s) on the face of the plat dated 5/16/06, prepared by Engineering Solutions, LLP, prior to signature on the final plat by the City Engineer: (9.) "... benefit of Lots 44-13 and 17-2-76 Block 5..." 13. Complete the Certificate of Owners and accompanying acknowledgement. 14. Staff's failure to cite specific ordinance provisions or terms of the approved annexation, preliminary plat, or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. 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. If lateral users association approval can't be obtained, alternative plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 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. 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. 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. 6. 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. 7. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 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. Exhibit "A" FP -06-025 Crossfield Sub2 FP PAGE 3 CITY OF MERIDIAN p4kNING AND PUBLIC WORKS DEPOMENTS STAFF REPORT 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. One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 14. Approval of the preliminary plat shall become null and void if the applicant fails to record the final plat within two years of the approval of the preliminary plat per UDC 11-613-7A. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen months, may be considered for fmal approval without resubmission for preliminary plat approval per UDC 11 -6B -7B. x.11 K101 V9 X40)0101 D1�117:r� C�7� Staff recommends approval of the final plat for Crossfield Subdivision (FP -06-025) with the above stated comments and conditions. Exhibit "A" FP -06-025 Crossfield Sub2 FP PAGE 4 0 E!GINEERING planning and engneerkg communities lathe Mare diUTIGNSLLP June 19, 2006 Mayor and City Council City of Meridian 33 East Idaho Avenue Meridian, ID 83642 Re: Crossfield Subdivision No. 2 Final Plat File No. FP -06-025 Dear Mayor and Council: • 150 East Aikens Street, Suite B Eagle, ID 83616 Phone: (208) 938-0980 Fax: (208) 938-0941 E-mail: es-beckym@qwest.net We have reviewed the staff comments prepared for the Meridian City Council meeting of June 22, 2006, and have the following responses: SITE SPECIFIC REQUIREMENTS 1. The applicant will comply. 2. Nampa & Meridian Irrigation District (NMID) will own and operate the pressurized irrigation system. A bill of sale and amendment to the construction contract have been executed by the owner and submitted to NMID. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. PV The applicant will comply (Please note: The PUDI easement will be located on the west property line of Lot 8, Block 11). CADocuments and Settings\aUens\ .oca1 SettingslTemporary Intemel ) t1es10LK601\RecsResponse.doc Exhibit "B" Mayor and City Council June 19, 2006 Page 2 10. The applicant will comply. ©. No public right-of-way exists adjacent to the eastern boundary of our property. Gasketless, reinforced concrete pipe is required to be placed on the eastern boundary of the property for the Flack Drain. Nampa & Meridian Irrigation District will not allow trees to be placed in the easement for this facility. We respectfully request deletion of this condition and approval of the plan as submitted. 12. The applicant will comply. 13. The applicant will comply. 14. Noted. GENERAL REQUIREMENTS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. T The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. 11. The applicant will comply. 12. The applicant will comply. 13. The applicant will comply. 14. Noted. C:1Docutnents and SettingsWlens\Local SettingsUemporary Internet Fi1es\OLK6011RecsResponse.doc Exhibit "}I" Mayor and City Council June 19, 2006 Page 3 We appreciate staff's favorable recommendation of our request. Thank you. Sincerely, Engineering Solutions, LLP Becky McKay, Partner Project Manager BM -ss cc: Mr. R. Craig Groves CADocuments and Settings\allens\Local Settings\Temporary Internet Files\OLK60l\RecsResponse.doc Exhihii "B" June 16, 2006 AZ 05-067 MERIDIAN CITY COUNCIL MEETING June 22, 2006 APPLICANT Insight Architects ITEM NO. 10 REQUEST Continued Public Hearing from May 9, 2006 -- Request for Annexation and Zoning of 6.9 acres from Ada County RUT to R-15 medium high density residential zone for Casa Meridiana — 1777 Victory 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: See attached Email from Russ Phillips COMMENTS See Previous Item Packet / Minutes Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. 0 • June 16, 2006 CUP 05-060 MERIDIAN CITY COUNCIL MEETING June 22, 2006 APPLICANT Insight Architects ITEM NO. 11 REQUEST Continued Public Hearing from May 9, 2006 — Request for Conditional Use Permit for a 32 unit multi family development in a proposed R-15 medium high density residential district for Casa Meridiana — 1777 Victory 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: COMMENTS See Previous Item Packet / Minutes MERIDIAN POST OFFICE: OTHER: See aitachedl Email from Russ Phillips Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • June 16, 2006 MERIDIAN CITY COUNCIL MEETING June 20, 2006 APPLICANT Conger Management Group ITEM NO. 12 REQUEST Public Hearing - Request for a Vacation of a Pressure Sewer Easement within The Reserve Subdivision — southwest comer of N. Locust Grove and Chinden Boulevard: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: See attached Comments CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: No comment NAMPA MERIDIAN IRRIGATION: No comment SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Email from Dave MclQnnon Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shaft become property of the City of Meridian. • June 16,2W6 AZ 06-016 MERIDIAN CITY COUNCIL MEETING June 20, 2006 APPLICANT M2 Land LLC ITEM NO. 13 REQUEST Public Hearing - Request for Annexation and Zoning of 5.08 acres from RUT to R-4 zones for Quarterhorse Subdivision — 710 Black Cat 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: See attached Affidavit of Postin See P&Z Item Packet / Attached P&Z Minutes See Attached Recommendation Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. C, June 16, 2006 PP 06-010 MERIDIAN CITY COUNCIL MEETING June 20, 2006 APPLICANT M2 Land LLC ITEM NO. 14 REQUEST Public Hearing - Request for Preliminary Plat approval with 14 single family residential lots and 2 common lots for Quarterhorse Subdivision — 710 Black Cat 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: COMMENTS See P&Z Item Packet / Attached P&Z Minutes See Attached Recommendation OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 • June 16,2W6 VAR 06-008 MERIDIAN CITY COUNCIL MEETING June 22, 2006 APPLICANT M2 Land, LLC ITEM NO. 15 REQUEST Public Hearing - Request for a Variance to the maximum Cul-de-sac length requirement for Quarterhorse Subdivision — 710 Black Cat Road: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: No Comments NAMPA MERIDIAN IRRIGATION: No Comments 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. r a June 16,2W6 RZ 06-002 MERIDIAN CITY COUNCIL MEETING June 20, 2006 APPLICANT Stan Lantz ITEM NO. 16 REQUEST Public Hearing - Rezone of .022 acres from I -L (Light Industrial) to O -T (Old Town) zones for Stan Lantz — 608 W. 3rd Street: 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: Emailed: )TaTT in1T1a1s: Materials presented at public meetings shall become property of the City of Meridian. See P&Z Item Packet / Attached P&Z Minutes See Attached Recommendation Phone: • June 16, 2006 MERIDIAN CITY COUNCIL MEETING June 22, 2006 AZ 06-010 APPLICANT Big River, LLC ITEM NO. 20 REQUEST Ordinance No. : Annexation & Zoning of 11.50 acres from RUT to an R-4 zone for Cardigan Bay Subdivision -- 5450 and 5500 Larkspur Way 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 Attached Ordinance Contacted: [L1C MGCC Date: jp-t C(-bj, Phone: 3 69 g- 0 Emailed: - jcr Staff Initials: -+— Materia s presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 7 BOISE IDAHO 06129106 OW PM DEPUTY Pate Thompson III I'IIIII'll'II'lII'IIII'III�II II �II RECORDED—REQUEST OF 106104200 City of Meridian This sheet has been added to the document to accommodate recording information. Annexation Ordinance 06-1237 for Cardigan Bay Subdivision AZ 06-010 — Approved by Meridian City Council on June 22, 2006. CITY OF MERIDIAN ORDINANCE NO. ®��' /9,? 3 7 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ -06-010 CARDIGAN BAY SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE SOUTHEAST 1/ OF SECTION 30, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-4 (MEDIUM -LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: David and Rebecca Callister & Troy and Tawnee Palmer. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-4 (Medium -Low Density Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. ANNEXATION OF AZ -06-010 CARDIGAN BAY SUBDIVISION Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this Z Q day of "W'_e' , 2006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, .�a 2-2-P" day of WILLIAM G. BERG, -JR., Page 2 of 3 STATE OF IDAHO, ) : ) ss County of Ada ) rd On this day o ;{,llk , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared �E-and WILLIAM G. BERG, JR., known to me to be the Mayer and City Clerk, J respectively, of the City of Meridian, Idaho, and who executed the within instrument, and 1/[ S! -i eb 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: Ine16,011 JC/ MY COMMISSION EXPIRES: d— 5 - ANNEXATION OF AZ -06-010 CARDIGAN BAY SUBDIVISION Page 3 of 3 May 30 2006 6 : 30AM Mineering Solutions 2938 0341 P.2 t' � r3r;�t/,fir.}.�t�:f;S: , .lr �,; •;• •, r :,•. � , ' :'L • r l .1450 RMWawa tQWer S . • ;1 PAHO ; .: ; -_ r` ..'suite iso ` ' IM®�Id%n.ldhu 833642 , :t , , r; ,�,•ti: , .. + • • . ' • 4 , •t '- .. . ' .. ' f : . • Fax x84^0 ' i; t= '�3�'•r '.l �. a •' •: tr ,i '> °' 1. i ..y24.2, (IIQ6 , Vit• :y .::•:. ,,•,:.; ••,,,' •�y '•f; t i ;'• .' ' .? •'f• y ' t ; ,'• : t ' AA Tone • ,lp4rdfgU Bay $ ` : dfvi on r .• • : ;;:.. ,�i , of nd 190aed i q the SE 1, 4 of S,cclfgn'30, TAX, X113, B,Nt.,+�ida i ` r y, dckobo as fopo .A*' �CQ me c th$.1/4 cgrner omraa�p sect3�on ,29 on, the said Section 30,f� ,wb�ch:f6 s4iutYe� �n+�r. said ; $ l eeis South tf°25'•iT'..W.6� 16x2.2 £ee4 TT#�,icra 8 the Ees�-We�tund ,ecGton lin lvoit 89°,54'28": ?Vest, 7$,0i foat .to, the MEAL PQINT QF BEG�NNAV G ` , F s. " ' • e South OST'.OA , T, ' We4t, $51.94.f bet to, a point on the North bat nd ►'af TArkwood SU On, ss saa�aq is } ecorded m Boo4C SS ofPlais .rat Pag�ei 5494. records of along the North. and Radedy'bouddary of said su'bdivi�ion North 9vest, 33A,24 feet; r • . s� $45.43 feet to a point an the Edi ;West mid-. .sectlgn�3eciian 30; y _ along the,Bas�Wwt.�nid-s t%pn.line Socrth 89°54'23" Easy 335..22 felt �o the Poiur j $egu�r3ir<g, .Conirdng 6,53 acres, nacre or is /xPR 1 ©' of ; f41E12EDtAiV PUi.IC . WORtI15 DEPT ; 54802 z4.& 3 , Prolesalonal Land Surveyors May 30 2006 8:30AM Aineering Solutions 2938 OS41 P.5 )A, H'O'- 4450 EMW1ft SL rtww"r 4 ,�1' .:VEY Al ; i• j•'I ;A 4 •� Fax 4-03" Aineering Solutions 2938 OS41 P.5 p 24,.200 - 6 . A-3-zon C*T#kn Day Spbolybion loop iji ib.q 0)9 1 I/A of S" 'a ii@arl •rib 1; moro 4m �ed 4fi A R.MR. FA �01 114 th seadm3o, qu cies -04i pm AU6 w-bich iii S 4 S 'dh OM! I r.W.64 20b TACO m Mqtimid- t 5C lie brffi 89*5J1 'p -W 1120,73 Athe $XAL .POINT OF VAL '00* 25'.17"• , !a% 84k43 iept to,a Pox -pit* th ft.141 bpandw of AB.RaMom recorded in BMats at Iook Si �i i6i� of *40 4 ah ID' :Y.... -vi sworihiii4pmawlybo dar .4-d _un y ofs 1. O*dr mon North ' W047 298, 804 Fat;. :' C ".;, - - 2 .714 .12 f M.,93% a n camel is'fhe lot% hp t M1.9m, t jo t a arm pfpi 4an a "Ip A-84WR Of I .00, felt, 'a 1r:pq 0. 4 a chord being NQrih f' 7 rt t• 19*24'39" -P • " I., .. .S• . ... 1'. .. . '.: •f :..% . , ". �r 4; 169A7: po f '!4h I rd 00*4$! Jr�Eap� 371,09: 10�. % 17 .45 A .01049 the p of a o.WV to thq rl&, 44* gamd of 20.00 f oft chord -251 41" �eo imd along Nqth.2,5, OrRao, 16.? 3 4D. 13a* We 12 .96 That along the arp of a cWTO pc� ft 1 garadimoC50.00 -.fee a ow ral angle of 142002'W, long chord beNorth bith20P36!;T1 94.S • N0r01.QV2j'.M-9wt, 200.10 fed to the Nqx•f• :.��er �kLoi 21 1j. sq;4 "T . b "Th along the Ago- 89DS4!2 276179 .8 the Point c Mes"i m -am, acres, more o ontai, C 4.97 iR BY. JUN. 16 M*glfkfpi.@oLjt1onm1 •Land Surveyors WORKS DEPT. )A, H'O'- 4450 EMW1ft SL rtww"r Suits ISO .:VEY Al ;A U P Fax 4-03" p 24,.200 - 6 . A-3-zon C*T#kn Day Spbolybion loop iji ib.q 0)9 1 I/A of S" 'a ii@arl •rib 1; moro 4m �ed 4fi A R.MR. FA �01 114 th seadm3o, qu cies -04i pm AU6 w-bich iii S 4 S 'dh OM! I r.W.64 20b TACO m Mqtimid- t 5C lie brffi 89*5J1 'p -W 1120,73 Athe $XAL .POINT OF VAL '00* 25'.17"• , !a% 84k43 iept to,a Pox -pit* th ft.141 bpandw of AB.RaMom recorded in BMats at Iook Si �i i6i� of *40 4 ah ID' :Y.... -vi sworihiii4pmawlybo dar .4-d _un y ofs 1. O*dr mon North ' W047 298, 804 Fat;. :' C ".;, - - 2 .714 .12 f M.,93% a n camel is'fhe lot% hp t M1.9m, t jo t a arm pfpi 4an a "Ip A-84WR Of I .00, felt, 'a 1r:pq 0. 4 a chord being NQrih f' 7 rt t• 19*24'39" -P • " I., .. .S• . ... 1'. .. . '.: •f :..% . , ". �r 4; 169A7: po f '!4h I rd 00*4$! Jr�Eap� 371,09: 10�. % 17 .45 A .01049 the p of a o.WV to thq rl&, 44* gamd of 20.00 f oft chord -251 41" �eo imd along Nqth.2,5, OrRao, 16.? 3 4D. 13a* We 12 .96 That along the arp of a cWTO pc� ft 1 garadimoC50.00 -.fee a ow ral angle of 142002'W, long chord beNorth bith20P36!;T1 94.S • N0r01.QV2j'.M-9wt, 200.10 fed to the Nqx•f• :.��er �kLoi 21 1j. sq;4 "T . b "Th along the Ago- 89DS4!2 276179 .8 the Point c Mes"i m -am, acres, more o ontai, C 4.97 iR BY. JUN. 16 M*glfkfpi.@oLjt1onm1 •Land Surveyors WORKS DEPT. MaU 30 2006 6: 30FIM 4 neer i ng Solutions 200938 0941 p.4 I- RM � OF SIMM N8 �,.. S O E 812�a1r _ N e9;�4'28"w 785.81 • .01 /4 278.79 r ......._ .J L --- _. or r a� 30 -291/4 ze I I I f _ nil^ �. _�7 �1 , ao • x� _ _ _ _ _....__..�_ L.... g .� U � • E NcYILU1N I� SS — ..... 31 32 b7 z;i — _ N 88'47'47' W 823.38 812YEVl� APP'OV ,L - SCAtE 1"-20W awaWE 05/24/06 bkb PROPOSED ZONING Pm. No. 50801 CARDIGAN BAY SUBD11/ISION UT SOLUTIONS.SH 1 OF 1 LOCATED IN -THE SE 1/4 OF SECTION 30 t8>D = �, sulfE a . TAN., R.1 E.. S.M., MER 9IAN. ADA COUNTY, lamo PIMI, (x08) E40s � OFme(2"Be3e�oa4t 150804-20mN© i-5 -- CURVE TABLE JUN 16 2016 UNE It ius C1 377.00 LENGTH CHS Dw. cm M. 97083 169.47 N 13'2438' E DELTA MERIDIAN PUBLIC 25500" WORKS DEPT C2 2000 17.45 9800 S 2526'x7" W 4988'41" C3 5000 12,3.96 94.58 N 20'38'22" W 942'02'M?'` -6V—d. ;nOL/nCP C(o -12-37 SCAtE 1"-20W awaWE 05/24/06 bkb PROPOSED ZONING Pm. No. 50801 CARDIGAN BAY SUBD11/ISION UT SOLUTIONS.SH 1 OF 1 LOCATED IN -THE SE 1/4 OF SECTION 30 t8>D = �, sulfE a . TAN., R.1 E.. S.M., MER 9IAN. ADA COUNTY, lamo PIMI, (x08) E40s � OFme(2"Be3e�oa4t 150804-20mN© i-5 -- NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06- . 2�-j PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the Southeast'/ of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 11.92 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaordinance shall become effective on the day of Mayor and City Council of de Ci o Me 'did By: William G. Berg Jr., City Clerk First Reading: �i '" 2 y - D,gby suspension of the Rule as allowed pursuant to Idaho Cod e'SQ S NO Second Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- /2 3 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06- / Z 3 1 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this & day of 2006. r ) l� William. L.M. Nary, City Attorn ORDINANCE SUMMARY — AZ -06-010 CARDIGAN BAY SUBDIVISION Page 1 of 1 June 16, 2006 AZ 06-003 MERIDIAN CITY COUNCIL MEETING June 22, 2006 APPLICANT Hightower, LLC ITEM NO. 21 REQUEST Ordinance No. Annexation and Zoning of 24.03 acres from RUT to R-8, R-15 and C -C zones for Hightower Subdivision -- southwest corner of Chinden Boulevard and Jericho 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: COMMENTS See Attached Ordinance Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. NAVA BOISE AMOUNT .00 12 ADA COUNTY RECORDER J. DAVID NA BOISE IDAHO I2410fi 02:43 PM III I'III�I'll'll'III'I'll'II'�II II'll DEPUTY Patti TThompson RECORDED—REQUEST Of 106104201 Cify of Meridian This sheet has been added to the document to accommodate recording information. Annexation Ordinance 06-1238 for Hightower Subdivision AZ 06-003 — Approved by Meridian City Council on June 22, 2006. i� CITY OF MERIDIAN ORDINANCE NO. (• i BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE AN ORDINANCE (AZ -06-003 HIGHTOWER SUBDIVISION) FOR ANNEXATION OF PROPERTY LOCATED IN THE NORTHWEST 1/ OF THE NORTHEAST '/ OF SECTION 30, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-8 (MEDIUM DENSITY RESIDENTIAL —12.31 ACRES), R-15 (HIGH DENSITY RESIDENTIAL — 8.04 ACRES), AND C -C (COMMUNITY BUSINESS DISTRICT — 8.04 ACRES) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Hightower, LLC. SECTION 2. That the above-described real property is hereby annexed and re- zoned from RUT (Ada County) to R-8 (Medium Density Residential District), R-15 (High Density Residential District) and C -C (Community Business District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. ANNEXATION OF AZ -06-003 HIGHTOWER SUBDIVISION Page 1 of 3 I* SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7-n.d ` day of- 92006. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this S2- 4' day of '0_C_ 4W7r� ANNEXATION OF AZ -06-003 HIGHTOWER SUBDIVISION 1507� cowr+.c�C. Page 2 of 3 V WILLIAM G. BERG, STATE OF IDAHO, ) : ) ss County of Ada ) ``�rrr�rr U u H iirr�� i _ EL CITY CLQ h 141441?f� I• On this day of ,i�kf2006, before me, th! undersigned, a Notary Public in and for said State, personally appeared<3'AA04y-,& rand WILLIAM G. BERG, JR., known to me to be the and City Clerk, Ut (- � but C=�- respectively, of the City of Meridian, Idaho, and who executed the within instrument, and V+ "'' 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: " LLA Jld MY COMMISSION EXPIRES: /0-m-11 ANNEXATION OF AZ -06-003 HIGHTOWER SUBDIVISION Page 3 of 3 CITY OF MERIDIAN PLA DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 Exhibit B: Legal Description - Subdivision FOX Land Sys, Inc. 4M Overlxud Md. STE 162 a Bolsa Idaho H SUDS A g}a- a8sa c� 218-34� a4 7 VAX ANNMTION BESCMpTON A Po"OW OF TWE WRTHMSr % OF THE NMMFAST "A OF SECTWU 30.. TOMSHIP 4 NORM RAWE t EAST, SOME UBMAK ADA r% IDAHO A Portion of the Northwest % of (he Northeast % Section 3t1, Township 4 RtcutF►, Range 1 East, "Oise {VMeridian' Ada may, Idaho, rnore� tallows; Icularly described as fromWing at a found Btu Gpap �nurnent matdng the Northeast Gamer Of 8Wlon 30, front which a found Brass CaP liforaurrierti W5�1'4T West a distarroe of 2.633.9 North f Gager thereof bears North thence along the Northerly boundary of Section 3D and the 20126. North 89"6145' West a distance of 1 '341_g8 feat tolls � titre of State Highway tine of Jericho Road, the TRI. PONT intersection with the Center feetto ft natoq the Center line of Jericho Road SOUM 0OW4g• Wei a distance of 649.36 intersection with # Easterly Prolongation of fine ca"Umn boundary prop" described to Warranty Dried Instntm ent Nmnber �1 and I" +ersortal R etas Deed instrument Number 104154997; th ice al feel ong tea projongatim No • Norah SV4-yW West, a distance 9�In9 of a attire to the 1� �t>l nce along said curve to the left having a length of 31.42 feet, a radius of 20. 00 feet, a 16'3 4i4tangle of WWW ; to nts of 4kt1D fe, and a long curd which bears South .U4iest �' dh anoe of 28.28 feet to a found 4 inch iron Pipe mart ng the North orfheast ii, 4 cornerof section 30; thence 0ontinuing alo1V the COMM Iristrrrrrrerat Number �1 elrld yy/aa�'Df � described in 4lVarranty Deed 0(r14'5T W �y Deed sNumber it14154997, south Section 30 � �dis#ara B of c a5 few to afro Oto 8. r--Nest-Na tes lj Easter oorraer � }ca w corner cal Repr'esmataWes Deed t� 104164'99 presentees esl Deed Instrument Number 104163946; thence along rh 8°M if � line off man 30 and the c mmaran bOUndary of said comer of Syron 3809. ,9, ' a fiance of 658.63 feet to the Center -North 1/16t' Exhibit B Page 1 CITY OF MEniDIAN PLA*G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9 2006 thence -'fang the Nat"cuath Center line of Section 3fp, North ()O a '27" East, a distance of 857.53 feet to a fount! 5/8 inch rebar with plastic crap stamped .pLS 411a. martdng the Westerly corner common to property desa ibed in Persowl Representatives Deed Instrr Went Number 104154997 and Wamnfy Deed Instrument Number 102036ggg; thenCO along the common boundary of said properties, South &r4gS. East, a distance of 508.68 feet to a found °4 Inch rebar with no cap marking an angle paint in said boundary; thence continuing along the common boundary of property described in Personal Representatives Deet{ Instrument Number 104154997 and Warranty Deed Instrument Number 1'12036999, North 00944'4 V East, a distance of 432.00 feet to a found 1i2 Inch rebar with no cap marking the Northerly common corder therect an the Southerly Right -of:. array of State Highway 20/26; thence North 0t}°08'15° East, a distance of 40.00 feet to a point an the Northerly boundary Of Section 30 and the Center line of State Highway 20/28; thence along said wry and Center line, South 89°51'45` East, a distance of 786.76 feet to feet to the 'TRUE POINT OF BEGINNING; Containing 1,046,952 square feat, 24.034 arses, more or lesa Refer to attached sketch. Fox Land Surveys, Inc. Tarr©thy J. Fox, President, PLS 7612 TJF.taj a`�2oosmsosa�� Exhibit B Page 3 END OF DESCR1PMN REV APPRQ AL, J.",'i 17 2006 P8EA101AN PUBUG WbRKS DEPT. CITY OF MERIDIAN PLANK DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 i t �004i Jac 4WS W Oveaiand Rd, SjrE 182 S Bim, ID A 93M H =8-3427957 ,& 7437 FAX CC REZONE DESCRIPTION A PW"ON OF THE NORTI'Imsr yS OF THE NORTHEAST fa OF &C'noN A TO MP 4 NORTH, RANGE 1 EAST, BOISE MERI®tl3k ADA COUM5f, WHO A Portion of the Northwest ! of the Northeast % of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows; Beginning at a found Brass Cap Monument marking the Northeast Corner of Section 30, from which a found Brass Cala Monument marking the North ! Corner thereaf Firs North 89°51'45° West, a distance of 2,633.95 feet; thence along the Northerly boundary of Section 30 and the Center line of State Highway 2W6, North 89"51'4aa West, a distance of 1,697.59 feet to the TRUE POINT OF BEGINNING; thence South 00'1&3(r West, a distance of 371.75 feet to a point thence North 89043W West, a distance of 433.76 feet to a n the common boundary of property described in Personal Representatives Deed point oinstrument Number 104164997 and Warranty Deed instrument Number 102036999; thence along the common boundary of said properties and the Northerly extension thereof, North 0OW44° Trask, a distance of 378.72 feet to its intersection with the Center line of State Highway 20126,; thence along said Center line, South 89°5145" East, a distance of 430.72 feet to the TRUE POINT OF BEGINNING; Containing 160,4.59 square feet, 3.683 acs, more or less. Refer to attached sketch. Fox Land Surveys, Inc. 9 Timothy J. Fox, President, PLS 7612 0, 7 IS A� TTF:taj END OF IDESCRU MON 0 � W:eajectslZOU-'VS-O"-Pg1ttc+j-9t - rjp� %4COd-.3-19-06.doe t r REW APP OV gY IVIERIOIAS DEPT, WORK Exhibit B Page 5 CITY OF MERIDIAN PLAWG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 ,FOX Land' survey -sir 6 w *irertaasd Rd, M 182 saw � R8 ACNE DESCRIPTION ---� A POiaTrcw OF TWe NROANQME EST Y. of THE NMMEAST V4 OF SECnON 30, TOWNSW 4 NORTH) I�1 E18T, SOME MEnOXW., ADA �` UN Ys IDAW A Portion of the northwest' 4 flows; of the Northeast % of Section 30, Township 4 North, Mange 1 East, Boise Meridian, Ada County, Idaho, more particularly described as ol Beginning at a found Brass Cap Monument marking the Northeast Comer of Section 30 69from which a found Brass Cap Monument marking the North % Comer fihereaf beam °51'45° Vilest, a distance of 2,633.96 feet; North thence along the Northerly Hound West, a distance of 2,633.96 feet filo a foound SectiBrass C � ceder tine of* Path 89°5x45° Comer thereof; ap Monument marking the North thence al fest to theNorth out meter line of Section 30, South 00°30 2T W ropefty described e t to a found R �h rebar marking the Wester Comer common �• o distance eed Dead instrument Number 102036999, ttives he lN auk erg N and pW� tY thence along the common boundary thereof, South 89°49'56° feet to an angle point to the common boar East, a distance of 503.68 wry of said properties; thence along the Southerly projection of the North - described in Personal Representatives ' Common boundary of property Deed Instrument Number 10203Bggg, $ p0ln instrument umber 104154997 and Warranty, point; a distance of 175.57 feet to a thence South 89°4511ii ,East, a distance of 172.58 feet to the beginning of a non -tangent curve to the left; thence along said curve to the left havinga len certtrai angle of 90°t}t?'p0° 9t'r of 31.42 feet, a� radius of 20.00 feel, a 45°16'30° W tangents feet 20.80 fleet, and a tong chord which bears South Northeast 1) Cao�t of � ion of '3 feet tp a lint of non -tangency and the Northwest- thence marked by a fo,,,ind 4 inch iron pipe; thence along the West -East 1/64 Une of Section 30 South 00'14Wr W 660.55 feet to the Center -West -Northeast 1/64& com' ar thereof; , a distance of thence along the North 111le line of Section 30, North 89 658.63 feet to the Center North 1111' coiner of Section 30; °5t'i'42° West, a distance of Exhibit B Page 7 CITY OF MERIDIAN PLAN10 DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9 2006 thence along the {earth -South center line of Section 30, htarth 00o3o-,M East a distance of 857.63 feet to the TRUE POINT OF BEGINNING; Co"taurdng 536,165 square feet, 12.308 acres, more or less. Defer to attached sketch. Fox Land Surveys, Inc. Timothy J. Fax, President, PLS 7612 END OF DESCRIPTION R EW APP 0 SY ---vv M RIDIM PUBLIC WORKS DEPT - Exhibit B Page 8 CITY OF ME�IDIAN PLA*G DEPARTMENT STAFF REPORT FOR THE HEARING FOX Lamy Surveys 12M l- *Vedand ltd. ST$162 a RM ._ -- DATE OF MAY 9, 2006 RIs REZONE CESCR,"ON A, POrRT[ON OF T11E NORUWES-r % OF THE NaRnwAsy % OF SECTWM 30, NORTH, RMGE 1 BAST, 0018eItIIEM0UUj4 ADA CO �� oiltiPd3Fi1P lrl+ri 1P, IDARO A Portion of the Northwest % of the Northeast sof Section 3t), Township 4 North, Range 1 East, Boise Meridian, Ada Catrnty, Idaho, more particularly described as follows; Beginning at a found Brass Cap Monument marking the Northeast Comer of Sectk)n 30, from Which a found Brass Cap Monument marking the North'/, Corner thereof hears North 89°51'45" West, a distance of 2,633.96 feet; thence along the Northerly boundary of Section 30 and the Center Me 28126, North 89"51'45" West, a distance of 1,34,1.98 feet to its inIterseiiction with the Center Of State Highway line of Jericho Road the TRUE POINT OF BEGINNING; Uwm interser�on�� a line 20.00 feet INorthsaid Center line, SouthOof the North -N' a disthpce of 649.36 feet to its North 11x4 tine of Section 30; thence along a One 20.00 feet North of and parallel with said 1164' line, North 88°43'30° West, a distance of 6116.56 feet to a point; thence North 89°4x'10' West, a distance of 172.58 feet to its Int Po ny projection of the common North-South bounds of Intersection with the personal Representat irmbument Number 104154997d in Instrument Number 102036999; and Warranty Dead to epcoiralong said Pf Pleohon and boundary, North 00"44'+44D East a distance of 276.85 feet thane South 88°43'3(1" East a distance of 433.76 feet to a point; ftnee North 00"16'30° East, a distance of 371.75 feet to a point on the Center line of State Highway 2i)M; thence along said Center line, South 89"51'45" East, a distance of 355 POINT OF BEGI.61 feeito t#ie TRUE INNING; Containing 350,318 square feet, 8.1142 acres, more or less. Refer to attached sketch. Exhibit B Page 10 C CITY OF MLkIDIAN PLA*G DEPARTMENT STAFF REPORT FOR THE FEARING DATE OF MAY 9, 2006 Fax Land Surveys, Inc. Ttn'Oft J. FOX, President, PLS 7612 FNfD OF DESCRIPTION T7F.taj "'Pml-'01200-11Ios-064-Pgl.,rol=Mmll,;..056axtsty-1a-06).dw EVIF.W p,PPRO� JUN �d®� {MERIDIAN pUBLIC Exhibit B Page 1 I WORKS DEPT' crvo?3 ''Unoraw Lr_ _ _ ��t`� 8340L N c�O9, 4 tp w m YOR 41 aLlj twu DO z a� tu> 0r � N zap 1 ww MN zy 0 0092 NRS i �o wii mm rare �io �U luw� r iial0004 os9 M.09,4100 s 'PT*L99 3 r Le,d4,00 N 9 0 -?ed S 319tqxff 90OZ `6 AVW 30 El"a ONR VHH H&L W09 .L2IOdH2I ggV.LS .LNHW.L-IHdHQ `JNINNV Id NdIQI2IHW d0 A.LID W U V Q C!4 a' 4 � z rn QY 04 i5 tr � 'PT*L99 3 r Le,d4,00 N 9 0 -?ed S 319tqxff 90OZ `6 AVW 30 El"a ONR VHH H&L W09 .L2IOdH2I ggV.LS .LNHW.L-IHdHQ `JNINNV Id NdIQI2IHW d0 A.LID CITY OF M13RIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006 LOT 2. BLocK t. 8.YTIiE EnATES �f f t ! o pq m3: ova � 0 'a O W m > �O v me ry m a �f f t ! o pq m3: ova � c! Exhibit B Page 4 PCWDROP fill 235 t FRE40SHp LUnIER�il�( EfNi� W� Oi cc to, o Do EQmmrzh 6f ral I c E r A n z i� z rq -AC .640 Z coo �A rrl �0 r E 0 X X 0 X 0 A o CITY OF MERIDIAN PLAI�; DEPARTMENT STAFF REPORT FOR THE MRING DATE OF MAY 9, 2006 Exhibit D Page 13 HIGHTOWER SUBDIVISION ROzOnS Plan iuleridian, kdahri o 0 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 06- 12,,;;6 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land located in the Northwest'/ of the Northeast '/a of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A» This parcel contains 24.034 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the 2 2 ItY day of <—��%o t" 11 1 1 111120,0 6. i Mayor and City Council Af th Gity f Meg ' L By: William G. Berg, Jr., City Viler First Reading: Fi – Z ted aft reeding by suspension of the Rule as allowed pursuant to Idand -$0 NO Second Reading: 00 dg: It"011191 IaltONO STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 06- 8 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 06- 12,10 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ZL day of 2006. William. L.M. Nary, City Attorney ORDINANCE SUMMARY — AZ -06-003 HIGHTOWER SUBDIVISION Page 1 of 1