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HomeMy WebLinkAbout2009-04-14� II 0 *Revised -14-09 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, April 14, 2009 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll -call Attendance: David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Russ McCrea with Living Grace Community Fellowship: 4. Adoption of the Agenda: 5. Karissa Tatom Prudential Spirit Award: 6. Consent Agenda: A. Approve Minutes of March 17, 2009 City Council Special Workshop Meeting: B. Approve Minutes of March 24, 2009 City Council Regular Meeting: C. Approve Minutes of April 7, 2009 City Council Regular Meeting: D. Human Resources Professional Services Agreement with Kimberly Ingraham Pilates Classes: Meridian City Council Meeting Agenda — April 14, 2009 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • *Revised 4-14-09 E. Approve New Beer and Liquor License for Gino's Italian Ristorante & Bar LLC, dba Gino's Italian Ristorante & Bar; located at 3015 W. McMillan Rd., Suite 108, Meridian Idaho, 83646. F. Approve Owner Transfer of Beer and Liquor License for Meridian Mulligans LLC, dba Meridian Mulligans; located at 601 S. Main St., Meridian Idaho, 83642. G. 2009-2010 Beer, Wine & Liquor License Renewals: Chicago Connection 1629 N. Main St. Beer Chicago Connection 1935 S. Eagle Rd. Beer & Wine Wal-Mart #2862 4051 E. Fairview Ave. Beer & Wine Rite Aid #5412 1600 N. Main St. Beer & Wine Fred Meyer 1850 E. Fairview Ave. Beer & Wine Carino's Italian Kitchen 3551 E. Fairview Ave. Beer & Liquor Maverick Stores #233 1605 Cherry Lane Beer & Wine Maverick Stores #343 1545 E. Overland Rd. Beer & Wine Bill n Lynns Place 229 W. Franklin Rd. Beer & Liquor Qdoba Grill #474 3319 N. Eagle Rd. Beer & Wine Qdoba Grill #473 3068 Overland Rd. Beer & Wine Fiesta Guadalajara 704 E. Fairview Beer & Liquor Groove Coffee 1800 N. Locust Grove Beer & Wine Pier 49 Pizza 3665 E. Overland Rd. Beer Meridian Mulligans 601 S. Main St. Beer & Liquor Cafe' Indigo 1789 S. Eagle Rd. Beer & Liquor H. Resolution No. Amendment to the Pathways Master Plan: I. Amendment to Task Order No. 0775 with Brown and Caldwell for Stormwater Pollution Prevention Plan Reviews for $15,000.00: J. Change Order No. 2 with Star Construction. LLC for Class A Reclaimed Water Disinfection and Distribution for $12,055.05: K. Task Order with Civil Survey Consultants, LLC for the Ten Mile Road — Cherry Lane to Ustick Utility Improvement Project in Conjunction with ACHD Project Number 503023 RD188: L. Change Order No. 1 with McLeran Well Drilling for Well #8 Cleaning and Redevelopment for 28,985.00: M. Subrecipient Agreement with Meridian Food Bank for Use of PY07 Community Development Block Grant Funds: Meridian City Council Meeting Agenda — April 14, 2009 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 7. Department Reports: A. Planning Department: *Revised4-14-OM 1. Discussion of Rock Ranch Request in Ada County: 8. Items Moved from Consent Agenda: 9. FP 09-003 Request for Final Plat approval for 5 building lots on 3.11 acres in a C -G zoning district for Trade Plaza Subdivision No. 1 by Trade Plaza Subdivision Development, LLC — NWC of S. Meridian Road and W. Corporate Drive: 10. Continued Public Hearing from April 7, 2009: TE 09-012 Request for approval of an 18 month Time Extension to obtain the City Engineer's signature on the Final Plat for the second phase of Zebulon Heiahts Subdivision No. 2 by Engineering Solutions, LLP — south side of E. McMillan Road, west of N. Eagle Road: 11. Public Hearing: AZ 08-015 Request for Annexation and Zoning consisting of 15.05 acres from Ada County RUT to C -G (General Retail and Service Commercial) and I -L (Light Industrial) zones for Fi nut by Ronald Van Auker — west side of S. Locust Grove, north of E. Overland Road and south of 1-84: 12. Public Hearing: RZ 08-009 Request for Rezone of 1.69 acres from C -G (General Retail and Service Commercial) to I -L (Light Industrial) zone for Fianut by Ronald Van Auker — west side of S. Locust Grove, north of E. Overland Road and south of 1-84: 13. Public Hearing: PP 08-012 Request for Preliminary Plat approval consisting of 6 non-residential building lots and 1 other lot in a proposed C- G and I -L zoning districts for Fianut by Ronald Van Auker — west side of S. Locust Grove, north of E. Overland Road and south of 1-84: 14. Public Hearing: CPA 09-001 Request for a Comprehensive Plan Amendment to change the text of the Comprehensive Plan incorporating the Pathways Master Plan for Pathways Master Plan Text Amendment by City of Meridian Planning Department: 15. Public Hearing: CPA 09-002 Request for a Comprehensive Plan Amendment to change the text of the Comprehensive Plan to include Linder Road overpass and associated pathways for Linder Road Overpass / Pathway Text Amendment by City of Meridian Planning Department: Meridian City Council Meeting Agenda — April 14, 2009 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 16. Ordinance No. Readings): • evised -14-0 Reimbursement Code (1't of 3 Meridian City Council Meeting Agenda — April 14, 2009 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. l i I vise 4-14-09 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, April 14, 2009 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter. " 1. Roll -call Attendance: David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Russ McCrea with Living Grace Community Fellowship: 4. Adoption of the Agenda: 5. Karissa Tatom Prudential Spirit Award: 6. Consent Agenda: A. Approve Minutes of March 17, 2009 City Council Special Workshop Meeting: B. Approve Minutes of March 24, 2009 City Council Regular Meeting: C. Approve Minutes of April 7, 2009 City Council Regular Meeting: D. Human Resources Professional Services Agreement with Kimberly Ingraham Pilates Classes: Meridian City Council Meeting Agenda — April 14, 2009 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 'Revised i E. Approve New Beer and Liquor License for Gino's Italian Ristorante & Bar LLC, dba Gino's Italian Ristorante & Bar; located at 3015 W. McMillan Rd., Suite 108, Meridian Idaho, 83646. F. Approve Owner Transfer of Beer and Liquor License for Meridian Mulligans LLC, dba Meridian Mulligans; located at 601 S. Main St., Meridian Idaho, 83642. G. 2009-2010 Beer, Wine & Liquor License Renewals: Chicago Connection 1629 N. Main St. Beer Chicago Connection 1935 S. Eagle Rd. Beer & Wine Wal-Mart #2862 4051 E. Fairview Ave. Beer & Wine Rite Aid #5412 1600 N. Main St. Beer & Wine Fred Meyer 1850 E. Fairview Ave. Beer & Wine Carino's Italian Kitchen 3551 E. Fairview Ave. Beer & Liquor Maverick Stores #233 1605 Cherry Lane Beer & Wine Maverick Stores #343 1545 E. Overland Rd. Beer & Wine Bill n Lynns Place 229 W. Franklin Rd. Beer & Liquor Qdoba Grill #474 3319 N. Eagle Rd. Beer & Wine Qdoba Grill #473 3068 Overland Rd. Beer & Wine Fiesta Guadalajara 704 E. Fairview Beer & Liquor Groove Coffee 1800 N. Locust Grove Beer & Wine Pier 49 Pizza 3665 E. Overland Rd. Beer Meridian Mulligans 601 S. Main St. Beer & Liquor Cafe' Indigo 1789 S. Eagle Rd. Beer & Liquor H. Resolution No. Amendment to the Pathways Master Plan: I. Amendment to Task Order No. 0775 with Brown and Caldwell for Stormwater Pollution Prevention Plan Reviews for $15,000.00: J. Change Order No. 2 with Star Construction, LLC for Class A Reclaimed Water Disinfection and Distribution for $12,055.05: K. Task Order with Civil Survey Consultants, LLC for the Ten Mile Road — Cherry Lane to Ustick Utility Improvement Project in Conjunction with ACHD Project Number 503023 RD188: L. Change Order No. 1 with McLeran Well Drilling for Well #8 Cleaning and Redevelopment for 28,985.00: M. Subrecipient Agreement with Meridian Food Bank for Use of PY07 Community Development Block Grant Funds: Meridian City Council Meeting Agenda — April 14, 2009 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 7. Department Reports: A. Planning Department: LNevised t, 1. Discussion of Rock Ranch Request in Ada County: 8. Items Moved from Consent Agenda: 9. FP 09-003 Request for Final Plat approval for 5 building lots on 3.11 acres in a C -G zoning district for Trade Plaza Subdivision No. 1 by Trade Plaza Subdivision Development, LLC — NWC of S. Meridian Road and W. Corporate Drive: 10. Continued Public Hearing from April 7, 2009: TE 09-012 Request for approval of an 18 month Time Extension to obtain the City Engineer's signature on the Final Plat for the second phase of Zebulon Heights Subdivision No. 2 by Engineering Solutions, LLP — south side of E. McMillan Road, west of N. Eagle Road: 11. Public Hearing: AZ 08-015 Request for Annexation and Zoning consisting of 15.05 acres from Ada County RUT to C -G (General Retail and Service Commercial) and I -L (Light Industrial) zones for Fignut by Ronald Van Auker — west side of S. Locust Grove, north of E. Overland Road and south of 1-84: 12. Public Hearing: RZ 08-009 Request for Rezone of 1.69 acres from C -G (General Retail and Service Commercial) to I -L (Light Industrial) zone for Fignut by Ronald Van Auker — west side of S. Locust Grove, north of E. Overland Road and south of 1-84: 13. Public Hearing: PP 08-012 Request for Preliminary Plat approval consisting of 6 non-residential building lots and 1 other lot in a proposed C- G and I -L zoning districts for Fignut by Ronald Van Auker — west side of S. Locust Grove, north of E. Overland Road and south of 1-84: 14. Public Hearing: CPA 09-001 Request for a Comprehensive Plan Amendment to change the text of the Comprehensive Plan incorporating the Pathways Master Plan for Pathways Master Plan Text Amendment by City of Meridian Planning Department: 15. Public Hearing: CPA 09-002 Request for a Comprehensive Plan Amendment to change the text of the Comprehensive Plan to include Linder Road overpass and associated pathways for Linder Road Overpass / Pathway Text Amendment by City of Meridian Planning Department: Meridian City Council Meeting Agenda — April 14, 2009 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 ORevised f• 16. Ordinance No. Reimbursement Code (1St of 3 Readings): Meridian City Council Meeting Agenda — April 14, 2009 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Meridian City Council Meeting April 14, 2009 A meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesday, April 14, 2009, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Brad Hoaglun, and David Zaremba. Others Present: Bill Nary, Jaycee Holman, Anna Canning, Bob Stowe, Joe Silva, Clint Dolsby, Steve Siddoway, Bruce Freckleton, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I will go ahead and call us to order. It is Tuesday, April 14th. It's five minutes after 7:00. We'd like to welcome you all here this evening and we will launch right into our agenda. Roll call attendance, Ms. Clerk. Item 2: Pledge of Allegiance: De Weerd: Okay. Item No. 2 is adoption of the agenda. I'm sorry. I had my special agenda. Okay. Item No. 2 is our pledge of allegiance. Tonight we will be led in the pledge by our students that are guests here with us. Do you guys want to come on forward -- come forward. (Pledge of Allegiance recited.) De Weerd: Now, are all three of you from Cole Christian? Yes? Well, thank you for being here. Item 3. Community Invocation by Russ McCrea with Living Grace Community Fellowship: De Weerd: Item No. 3 is our community invocation. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. We will be led today by Pastor Rex McCrea and if you will step forward to our microphones. Thank you for being here. McCrea: Thank you for the opportunity. Lord God, we do invite and invoke your presence here this evening. Lord, I ask a blessing upon these your servants, those who are in elected office and those who are taking extra time out of their days who have appointed positions. Lord, bless each one, strengthen them, watch over their families and Meridian City Council • April 14, 2009 Page 2 of 19 care for them. God, also watch over our community which you have been so gracious to provide us. We thank you for this city, this land to live in. Bless our president, our senators, representatives and especially those of our armed forces serving to protect us. We ask this in the name of Christ, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you for joining us this evening. Okay. Item No. 4 is adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the Consent Agenda, Item H, the resolution number is 09-661. There are no other changes in the Consent Agenda. Under Department Reports, Item 7, we would like to add a 7-13, which is the Legal Department, so it will 7-B-1, and that's a discussion of the reimbursement code, which is, actually, listed on the agenda as Item 16. So, the request is to remove it as Item 16 and have it become a discussion Item 7-13-1. Then Item 10 has been requested to continue until April 28th and not hear that tonight. Items 11, 12, 13 have also been requested to be continued to April 28th and not be heard tonight. And as previously mentioned, Item 16, the last item, we have requested to move to 7-13-1 and do we need to add an Executive Session or are we just continuing the earlier one? Nary: You need to add it. Zaremba: Okay. So, we will make a new Item 16 and that will be an Executive Session in accordance with state -- Idaho State Code 67-2345(1)(f). And with that I move that we adopt the agenda as amended. Hoaglun: Second. De Weerd: Okay. I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Karissa Tatom Prudential Spirit Award: De Weerd: No. 5. We are honored to have Karissa Tannum -- and if I said that wrong, I apologize. She received the Prudential Spirit Award and let me just give you a little bit of an overview about Karissa. Karissa is a senior at Cole Christian -- Cole Valley Christian and she is a peer tutor for disabled children. She's active in the drama department. She is also the year book editor and she plays violin. I don't know where you find all that time. She will be majoring in secondary education, focusing on English and art at the College of Meridian City Council • April 14, 2009 Page 3 of 19 Idaho. Very well chosen. That's where my daughter is going. And he's kind of partial as well. Karissa received the Prudential Distinguished Finalist Award for her work in providing hats and scarves to women and children who have lost their hair due to chemo therapy. Karissa learned how to knit hats and scarves specifically for the Mad Hatter organization and she's here to talk about her award and leadership. Karissa, welcome. Tatom: Hi. Good evening. De Weerd: Hi. Tatom: My name is Karissa Tatom. Thank you guys for the opportunity to speak to you today. I hope that my presentation today will show you my heart for community service. I was able to knit using the Nifty Knitter loom. These are incredibly easy to use, so anyone can really learn to knit. Through knitting I was able to make hats and scarves that I donated to Mountain States Tumor Institute. I was also able to deliver these hats and scarves to Mountain States Tumor Institute, so I was provided with the opportunity to really see where my gifts went. This service is really important to me, because when I was young my sister had cancer. She was given a hat and with it she was given an opportunity to look normal, even after she had lost her hair due to chemo therapy's affects. Other service opportunities I had this year were in helping to clean and organization our school for the fall reopening, donating and helping others to donate for Operation Christmas Child. Co -leading our school's warm clothing drive to benefit welfare needs and participating in the Cash Walk for the Homeless. And, then, also recently in co -leading our school's Valentine drive to benefit the local women's shelter. These opportunities have really blessed me, because they have given me the chance to see all that I have and they have also really allowed me to see even if you're young you can really make a difference. And it also helped me to really be able to help others that I may not have daily contact with. So, just some ways that I thought that teens can get involved based on my experiences are they can learn to knit and give it to the Mad Hatter program, which really makes a difference when you see who it goes to and you have personal experiences of really the impact it can have. Or you can also volunteer at a non- profit organization, such as the Boys and Girls Club, World Relief, the Boise Rescue Mission, the Idaho Food Bank, or the City Life Women's Shelter, are just some of those -- the ones that I have come in contact with. Or I know donations are always really helpful at operation Christmas Child, World Relief, the Idaho Food Bank. So, I really saw that just in my personal experiences these were just some of the ones that I daily came in contact with that really gave me an opportunity to serve. Do you guys have any other questions for me? De Weerd: Council, do you have any questions for Karissa? Rountree: I don't have any questions, but thank you for all you do. Great job. Tatom: Thank you. Meridian City Council • April 14, 2009 Page 4 of 19 De Weerd: We appreciate you being here and I will come down and present you with our City of Meridian pin. Tatom: Oh, thank you. De Weerd: But it's because of actions of young people like you that do make a difference in our community, Karissa, I wanted to make sure that we had that opportunity to let you know how much we appreciated what you did. Tatom: Thank you. De Weerd: And that your efforts do touch people and to use that ability to touch and lift people up the rest of your life. Tatom: Definitely. Thank you for the opportunity to speak to you guys tonight. De Weerd: Thank you to your supporters for being here as well. You guys don't have to stay for the rest of the meeting. Canning: Escape while you can. Item 6: Consent Agenda: A. Approve Minutes of March 17, 2009 City Council Special Workshop Meeting: B. Approve Minutes of March 24, 2009 City Council Regular Meeting: C. Approve Minutes of April 7, 2009 City Council Regular Meeting: D. Human Resources Professional Services Aareement with Kimberly Ingraham Pilates Classes: E. Approve New Beer and Liquor License for Gino's Italian Ristorante & Bar LLC, dba Gino's Italian Ristorante & Bar; located at 3015 W. McMillan Rd., Suite 108, Meridian Idaho, 83646. F. Approve Owner Transfer of Beer and Liquor License for Meridian Mulligans LLC, dba Meridian Mulligans; located at 601 S. Main St., Meridian Idaho, 83642. G. 2009-2010 Beer, Wine & Liquor License Renewals: Chicago Connection 1629 N. Main St. Beer Chicago Connection 1935 S. Eagle Rd. Beer & Wine Wal-Mart #2862 4051 E. Fairview Ave. Beer & Wine Meridian City Council April 14, 2009 Page 5 of 19 n J. Rite Aid #5412 Fred Meyer Carino's Italian Kitchen Maverick Stores #233 Maverick Stores #343 Bill n Lynns Place Qdoba Grill #474 Qdoba Grill #473 Fiesta Guadalajara Groove Coffee Pier 49 Pizza Meridian Mulligans Cafe' Indigo • 1600 N. Main St. Beer & Wine 1850 E. Fairview Ave. Beer & Wine 3551 E. Fairview Ave. Beer & Liquor 1605 Cherry Lane Beer & Wine 1545 E. Overland Rd. Beer & Wine 229 W. Franklin Rd. Beer & Liquor 3319 N. Eagle Rd. Beer & Wine 3068 Overland Rd. Beer & Wine 704 E. Fairview Beer & Liquor 1800 N. Locust Grove Beer & Wine 3665 E. Overland Rd. Beer 601 S. Main St. Beer & Liquor 1789 S. Eagle Rd. Beer & Liquor Resolution No. Amendment to the Pathways Master Plan: Amendment to Task Order No. 0775 with Brown and Caldwell for Stormwater Pollution Prevention Plan Reviews for $15,000.00: Change Order No. 2 with Star Construction, LLC for Class A Reclaimed Water Disinfection and Distribution for $12,055.05: K. Task Order with Civil Survey Consultants, LLC for the Ten Mile Road — Cherry Lane to Ustick Utility Improvement Project in Conjunction with ACHD Project Number 503023 RD188: L. Change Order No. 1 with McLeran Well Drilling for Well #8 Cleaning and Redevelopment for 28,985.00: M. Subrecipient Agreement with Meridian Food Bank for Use of PY07 Community Development Block Grant Funds: De Weerd: Run. Okay. Item No. 6 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Having previously noted that Item H on the Consent Agenda is resolution number 09-661, 1 move we adopt the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Hoaglun: Second. Meridian City Council April 14, 2009 Page 6 of 19 De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 7: Department Reports: A. Planning Department: 1. Discussion of Rock Ranch Request in Ada Countv: De Weerd: Item 7-A is our Planning Department. I'll tum this over to Mrs. Canning. Canning: Madam Mayor, Members of the Council, this is the Rock Branch Estates project and this is an applicant request for review of an Ada County application for a large lot subdivision and they are seeking to create four lots, each larger than five acres in area and it is within the city's area of city impact. Our Title 9 agreement with Ada County requires city approval of all subdivisions located within our area of city impact. So, to locate you -- and the street names aren't on there, dam it. Between Linder and Ten Mile on Amity, I believe. Yes. And it is about 20 acres, so you get just a little over four -- you get four lots a little over five acres each and the applicant is going to go into more detail, I'm just going to give a few brief statements. Our Title 9 agreement with Ada County also requires that when these subdivisions come in that they provide a street and utility easement plan, as well as the installation of dry sewer and water lines or a letter of waiver from the Council to the Ada County Development Services director. The applicant has requested a waiver of the requirement to install the dry lines. Public Works has indicated that they will work with the applicant on a utility easement plan and that the dry lines for utilities are not necessary. With respect to the street easement plan, the applicant has revised the proposed plat map to provide a private road easement to the northern property line for potential future connectivity as requested by the city. However, they are requesting that the Council waive this requirement. This is the north property line. You will see there is a fair grade here. And I can go back and show you some of the surrounding area. You can see that grade line, it comes right across there through the ridge. My mouse isn't working very well. So, the property to the north of them has access to Linder -- boy, my mouse really doesn't want to work. There we go. The property to the north does have access -- direct access to Linder. If Council is inclined to recommend approval of the application, staff will draft a letter with the appropriate conditions and with that I'd like to tum it over to the applicant to talk further about the subdivision plan, unless the Mayor and Councilmen have questions. De Weerd: Council, any questions? Meridian City Council • April 14, 2009 Page 7 of 19 Rountree: I have none at the time. Bird: I have none. De Weerd: Would the applicant like to come forward. Good evening. If you will, please, state your name and address for the record. Anderson: Okay. For the record, my name is Greg Anderson. 910 West Main Street, Suite 310, Boise, Idaho. 83702. De Weerd: Thank you. Anderson: I will be representing the developer and owner of the Rock Ranch Estates Subdivision tonight and I think staff's done a good job of explaining and describing our project and I'll just go into a little bit more of our detail project. As stated, the subdivision is going to be a four lot subdivision all with lots of five acres or greater. There is currently an existing single family residence located on Lot 2. We are going to be providing individual well and septic systems on this property. Direct access from the lots will be through the private road which was on this called Rock Ranch Lane. As stated, this project is within the city's area of impact and that's the reason why we are here today and there are, essentially, two waivers that we are requesting and one was the waiver of the dry city -- dry city utility lines and we will be providing an easement for those utility mains if in the future they need to be installed. And also the other waiver would be to stub our private road to the northern boundary. In place of that we will be providing an easement to where the city or a developer of some sort would be able to do so in the future if needed. With that I will stand for any questions that you may have. De Weerd: Council, any questions? Bird: I have none. Hoaglun: Madam Mayor, just one quick question. De Weerd: Mr. Hoaglun. Hoaglun: How many acres is that total? I know they are over five acres or five or more, but how many acres is that total? Anderson: Yeah. I believe the properly is about 23 -- 23 and a half acres, more or less. Hoaglun: Okay. Thank you. De Weerd: Okay. Any other questions? Rountree: Madam Mayor? Meridian City Council • April 14, 2009 Page 8 of 19 De Weerd: Mr. Rountree. Rountree: You indicated you would be willing -- are willing to provide an easement to the north for future extension of a private road? Anderson: That's correct. Rountree: What's the width of that easement? Anderson: Fifty feet is what we would provide, unless the city would require us to do larger widths. But the easement that we have provided for the proposed private road right now is 50 feet wide, more than sufficient for what we need at this point in time. The road that we have proposed out there is a -- is a 24 foot wide road with two shoulders and will have borrow ditches on the sides of that. Rountree: Madam Mayor, I'd ask a question of either Bruce or Clint. It seems to me on that slope that a 50 foot easement for a roadway easement probably is pretty skinny. Dolsby: Madam Mayor and Councilman Rountree, I would agree with that. We would have to do a little more research to figure out exactly what the width would be, but that does seem a little skinny to me as well. For sewer, you know, we wouldn't even need that much, but for a road it would -- it could be. Rountree: Just needed to know that. De Weerd: Okay. Anything further from Council? Canning: Madam Mayor, I forgot to mention that Chief Silva wanted to speak to this issue as well. De Weerd: Okay. Silva: Madam Mayor and Members of the Council, we just want to go on the record. We have communicated and sent our plan review comments to the county as of this date, but one thing I wanted to go on record is that the homes over 3,600 square feet in this area, because of the lack of water supply and probably those homes would be built before we have water supply -- public water supply in that area, would be required to be sprinklered if they exceeded 3,600 square feet. So, that's a condition that's unique to this situation as being a rural development versus what we typically do in the city limits. Anderson: And we agree with that condition of approval. De Weerd: Thank you. Okay. Anything further from staff or Council? Rountree: None. Meridian City Council • April 14, 2009 Page 9 of 19 Bird: I have none. De Weerd: Okay. Thank you so. much. Okay. Council, I know that staff needs your direction or would like your direction. Rountree: Just a point of clarification, Madam Mayor. Anna, I know our Title 9 arrangements with the county indicates we need to approve these, but what happens if we don't approve them? Canning: I don't know. Rountree: That was what I was kind of thinking would be the answer in what would be the outcome. Canning: Madam Mayor, Members of the Council, Council Member Rountree, I think it ends up being a recommendation to Ada County. We haven't tested that recommendation on this type of particular issue thus far. Sometimes our recommendations are followed, other times they think that they don't have the legal authority to say no or to ask for the things that we asked for. So, I'm not quite sure on this one. Rountree: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Is there a way through the process to convey to any future home builder that at some point they will either want need or need to annex into the city and at that point they would need to be meeting the city's commission -- conditions. So, whether the county requires them or not, they need to be thinking ahead. Is there any way to convey that information? Canning: Madam Mayor, Members of the Council, Council Member Rountree, we have on previous plats required that they put a consent to annexation, but that's where we were providing sewer service to those plats. I don't think we have ever required one for a larger lot subdivision, but it may be something we could do. State law, however, says that if it's over five acres we can't force annex it is the way I understand that, but you have got an attorney on the dias there, you better talk to him, so -- Zaremba: Well, I didn't mean forcefully. Some day they will choose -- they will be surrounded by city and may want to choose and I'm just -- is there a way to warn them that the city's requirements may be different than the county's requirements? De Weerd: Mr. Nary. Meridian City Council • • April 14, 2009 Page 10 of 19 Nary: Madam Mayor, Members of the Council, they are -- they are given notice that they are in the city's area of impact. They wouldn't be given notice that there may be differences in standards or requirements whether it's roadways, sewers, or whatever. And there really isn't a mechanism in the law that exists today to really provide that notice. The legislature has always been very apprehensive in adding more requirements for noticing for real estate and so I understand exactly what you're asking and, unfortunately, there isn't a mechanism to implement that today. Zaremba: Thank you. De Weerd: Any further questions? Rountree: I have none. Hoaglun: Madam Mayor, just a question. Clint had responded that we really don't know what the width of that easement should be at this time based on the slope and different things. Is that information that takes real long to get? What is the process for that? Take a lot of engineering work on that? What do we need? Dolsby: Madam Mayor and Councilman Hoaglun, I think that we could pull together that information pretty quickly. If you wanted us to we could maybe table it for a week or two and we could have something back to you. Hoaglun: Thank you. Dolsby: We would probably just propose that their engineer would provide us some more information on what the cut slopes would be and, then, we could take a look at it and maybe they would have a recommended width. Maybe that's 50 feet, maybe it's a little more, and, then, we could run it through some or our own engineering and confirm it. Hoaglun: Okay. Canning: Madam Mayor, Members of the Council, I do want to point out one thing with regard to the extension of the private road. That is a private street. The ownership of that street is within all four lots. It's not on a separate parcel from what I can tell. So, to -- even if we get an easement to the northern property boundary, it would still require all four owners working together to say, okay, I'm going to dedicate that as a public roadway and when they dedicate that as a public roadway some of them may fall below five acres, too, which they won't want to do. So, I mean there is -- as we have seen throughout the city, private roads don't go away easy, so if Council really wants that to be a public road in the future, you may need to make it a public road or request that it be a public road now. De Weerd: Mr. Rountree. Rountree: Madam Mayor, well, my comments on that particular piece of real estate is I don't think you can build a road the way that -- that easement lined out anyway and meet Meridian City Council • April 14, 2009 Page 11 of 19 any kind of reasonable grade or cash your slopes within reasonable distance and still have five acres. So, my position is that I would like to see possibly a utility easement through there, but I don't know that I would necessarily support that it has to be a roadway right of way. De Weerd: Okay. Any further comment? Rountree: Madam Mayor, just, again, in terms of phrasing and motion or the right words, the Title 9 actually indicates that we approve or just send recommendations? De Weerd: Recommendations. Rountree: Either way, Anna or Bill. Nary: Madam Mayor, Members of the Council, I believe it is just recommendations. The county -- the state supreme court has said that this is a process outside of the state law in the sense that the county has exclusive jurisdiction over this property, but because we have an agreement with them, then, we are allowed to, then, provide comments, which they are free to ignore and I think Mrs. Canning was correct, my experience has been that sometimes they ignore it, sometimes they following it, sometimes they change it, so -- but it is an opportunity for us to weigh in, because it will become part of the city or it's destined to become part of the city at some point in the future. De Weerd: Thank you. Rountree: Madam Mayor, if a motion is in order, I will attempt one. De Weerd: Thank you. Rountree: Madam Mayor, I move that we -- after hearing the discussion on Item No. 7, De Weerd: Yeah. 7-A-1. Rountree: 7-A-1, Rock Ranch request, that we submit our comments to Ada County indicating our willingness to waive the dry line requirements based on the commitment on the part of the developer to provide public utility easements within their subdivision and that we not request a roadway right of way easement to the north, but a utility easement to the north. And, further, that we -- somewhere I lost my notes. What was the other one? Zaremba: Madam Mayor, sprinklering. Sprinklering. Rountree: Oh. And that the comments submitted by Meridian City and rural fire department be incorporated in the future approval of this project. Zaremba: Second. Meridian City Council April 14, 2009 Page 12 of 19 De Weerd: Okay. I have a motion and a second. Any questions or discussion on that motion? Hearing none, Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. B. Legal Department: 1. Discussion of Reimbursement Code: De Weerd: Thank you. Okay. Item 7-13 goes to our legal. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. I had asked that we removed the reimbursement code. We are trying to meet a timeline to have this code for your final reading by the end of the month, so we did submit it last week to the clerk's office. In reviewing it yesterday -- Mr. Freckleton's here as well from the Public Works Department and from Development Services. There were some wording issues that we were uncomfortable with that we wanted to clarify a little bit better. Some of it was formatting; some of the formatting as it got transposed over to our formatting system was off. Those were real minor, but we just needed to correct it and we wanted it to look cleaner, but there were some wording issues that we discussed yesterday. They don't change the substance of the ordinance, they are more for clarity, but because of that we asked to move it off of first reading, so that we could get those completed and, then, put it back on for first reading next week and, then, if it meets your approval, then, we could put the second and third reading on the last week of the month. But that was the reason. I think we are pretty much ready to go. I have sent it to Bruce a couple times to just go through it again to make sure we are all on the same page. I don't want to come back to you in three months and amend it again. We want to make sure we get it all complete. It just -- it's a -- I wouldn't say a complicated ordinance, but certainly there is some -- there is some minute details that we want to make sure it's covered and it's clear, so that we aren't coming back and constantly changing it. But I don't know if Bruce has more to add, but that was the reason, we just wanted to make you aware we were pulling it off just for some clarification and put it back on for first reading next week. De Weerd: Okay. Thank you. We'll look forward to seeing it in next week, then. Nary: Great. Item 8: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda. Item 9: FP 09-003 Request for Final Plat approval for 5 building lots on 3.11 acres in a C -G zoning district for Trade Plaza Subdivision No. 1 by Trade Plaza Meridian City Council • • April 14, 2009 Page 13 of 19 Subdivision Development, LLC — NWC of S. Meridian Road and W. Corporate Drive: De Weerd: Item No. 9 is final plat FP 09-003. 1 will ask for staff comments. Canning: Madam Mayor, Members of the Council, we have a letter from the applicant stating they are in agreement with the conditions of approval with the clarification that general requirement number two does not apply and should be deleted and with that we should be good to go. De Weerd: And you're okay with that? Canning: Yes. De Weerd: Okay. Council, any questions? Hearing none, do I have a motion? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move that we approve FP 09-003, request for final plat for Trade Plaza Subdivision No. 1, with the clarification that general requirement number two does not apply and be deleted. Rountree: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 10: Continued Public Hearing from April 7, 2009: TE 09-012 Request for approval of an 18 month Time Extension to obtain the City Engineer's signature on the Final Plat for the second phase of Zebulon Heights Subdivision No. 2 by Engineering Solutions, LLP — south side of E. McMillan Road, west of N. Eagle Road: De Weerd: Item No. 10 is a continued public hearing that has been requested to continue to April 28th. Council, I would need a motion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council April 14, 2009 Page 14 of 19 Rountree: I move we continue Item 10 until April 28th. Bird: Second. De Weerd: I have a motion and a second to continue Item 10 to April 28th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: AZ 08-015 Request for Annexation and Zoning consisting of 15.05 acres from Ada County RUT to C -G (General Retail and Service Commercial) and I -L (Light Industrial) zones for Fignut by Ronald Van Auker — west side of S. Locust Grove, north of E. Overland Road and south of 1-84: Item 12: Public Hearing: RZ 08-009 Request for Rezone of 1.69 acres from C -G (General Retail and Service Commercial) to I -L (Light Industrial) zone for Fignut by Ronald Van Auker — west side of S. Locust Grove, north of E. Overland Road and south of 1-84: Item 13: Public Hearing: PP 08-012 Request for Preliminary Plat approval consisting of 6 non-residential building lots and 1 other lot in a proposed C- G and I -L zoning districts for Fignut by Ronald Van Auker — west side of S. Locust Grove, north of E. Overland Road and south of 1-84: De Weerd: Items 11, 12, and 13 on AZ 08-015, RZ 08-009, and PP 08-012. 1 will open these three public hearings. They have also been requested to continue to April 28th. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue public hearings AZ 08-015, RZ 08-009, and PP 08-012 to April 28th, 2009. Rountree: Second. De Weerd: I have a motion and a second to continue Items 11, 12, and 13 to April 28th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: CPA 09-001 Request for a Comprehensive Plan Amendment to change the text of the Comprehensive Plan incorporating the Pathways Master Plan for Pathways Master Plan Text Amendment by City of Meridian Planning Department: Meridian City Council April 14, 2009 Page 15 of 19 De Weerd: Item 14 is a public hearing on CPA 09-001. 1 will open this public hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is a Comprehensive Plan text amendment for the pathways master plan as adopted by the city and Parks Department. The text amendment is proposing to incorporate by reference the Meridian pathways master plan into the Comprehensive Plan at the request of the Parks and Recreation Commission. The Meridian pathways master plan was adopted by City Council in July of 2007 and up states referencing the adopted pathways plan have been -- not yet incorporated into the Comprehensive Plan. The intent of the text change is to maintain consistency between the two documents, thus improving the administration of the Meridian pathways master plan. So, we have been incorporating it into our development review process, but this just clarifies that relationship in the Comprehensive Plan. The Commission recommended approval at their March 5th, 2009, public hearing. The City of Meridian planning department testified in favor. No one spoke in opposition, commented, nor provided written testimony. There was no key issues of discussion or changes to staff recommendation and to our knowledge there are no outstanding issues before Council. And with that I will answer any questions you may have. De Weerd: Thank you. Council, any questions for staff? Steve, do you have any comment? You don't have to. Siddoway: Just add briefly that this was in front of the Commission -- this originated with the Commission first. They did pass a resolution of their own on November 12th, which, then, since it was related to a Comprehensive Plan change, left the Parks and Recreation Commission and went through Planning and Zoning before reaching Council and we are in support this amendment. De Weerd: Thank you. This is a public hearing. Is there anyone who would like to provide testimony on this application? Seeing no public comment on this item -- Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Having heard staff and applicant -staff testimony and given the opportunity for public comment, I move we close the public hearing on CPA 09-001. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on Item 14. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council • April 14, 2009 Page 16 of 19 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve CPA 09-001. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 14. Mr. Nary, do we need to draw up a resolution? Nary: Yes. That would be the motion -- that would be part of the motion and we would bring that back. De Weerd: Mr. Zaremba, I'm sure that was part of your motion, right? Zaremba: I will include that in the motion, please. Hoaglun: Second agrees. De Weerd: Okay. Thank you. Any discussion? Rountree: I have none. De Weerd: Madam Clerk, will you, please, call roll on Item 14. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: CPA 09-002 Request for a Comprehensive Plan Amendment to change the text of the Comprehensive Plan to include Linder Road overpass and associated pathways for Linder Road Overpass / Pathway Text Amendment by City of Meridian Planning Department: De Weerd: Item 15 is a public hearing on CPA 09-002. 1 will open this public hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is another Comprehensive Plan text amendment initiated by the Parks and Recreation Commission. It specifically deals with the Linder Road and 1-84 overpass as -- I wanted to put the map up here. This is a text amendment, but I wanted to put the map up here, because some of you may not know that we actually do show a potential overpass and that's what the purple dotted line is. So, the City of Meridian Planning Department is requesting approval of the text Meridian City Council r • April 14, 2009 Page 17 of 19 amendment to incorporate language supporting the construction of an overpass at Linder Road and 1-84 and an associated pathway. The language details the location, design, and construction of the pathway with the construction of the overpass. The long range transportation plan Communities in Motion, identified a future need for an additional overpass at Linder Road. The proposed text change will provide clarity to the city and partner agencies when the overpass is designed regarding the city's preferences for incorporating a pedestrian facility per the Meridian pathways master plan. The proposed language reaffirms the Linder Road pathways as an on -street route north and south of I- 84 and secondarily it states a need for the pathway across the bridge be physically separated from the vehicle travel lane and, third, it recommends a side of Linder Road for the future on -street pathway. So, it just provides a lot of clarity. I think what we found is that as the other facilities have gone in, some of our pedestrian and bicycle needs aren't clearly identified going into it and we don't have a chance to influence that. So, this helps greatly with that. The Commission recommended approval at their March 5th, 2009, public hearing. Again, the Planning Department testified in favor and there was no one in opposition, commenting, or providing written testimony, nor were there any key issues of discussion or changes to staffs recommendation. And to our knowledge there are no outstanding issues before City Council. With that I'll answer any questions. De Weerd: Steve, any comments from the Parks Commission on this one? Siddoway: The Commission did review this and initiated this as a clarification. As noted, the Comprehensive Plan already did have an overpass at this location, as well as a pathway, but the text did not provide clarity as to how that should be implemented when the actual overpass is designed. So, this is intended to help influence that future design project and with that I'll stand for any questions. De Weerd: Thank you, Steve. Council, any questions for staff? Rountree: I have none. De Weerd: This is a public hearing. Is there any member of the public who would like to provide testimony on this application? Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Having heard staff and applicant -staff testimony and the opportunity for public testimony, I move we close the public hearing on CPA 09-002. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing Item 15. All those in favor say aye. All ayes. Motion carries. Meridian City Council • • April 14, 2009 Page 18 of 19 MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? Canning: Mr. Zaremba. Zaremba: I move we approve CPA 09-002 and request staff to prepare a resolution to that effect. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 15. Is there any discussion? Madam Clerk, roll call. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 16: Ordinance No. Reimbursement Code (1st of 3 Readings): De Weerd: Item 16 was addressed under Department Reports. Item 17: Executive Session per Idaho State Code 67-2345(1)(f) — (to consider and advise its legal representatives in pending litigation): De Weerd: Our last item of the evening is an Executive Session. Do I have a motion? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move that we go into Executive Session per Idaho State Code 67-2345(1)(f). Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION. Meridian City Council • April 14, 2009 Page 19 of 19 Bird: Move we come out of Executive Session. Rountree: Second. De Weerd: All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor, I move we adjourn. Rountree: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. De Weerd: We are adjourned. MEETING ADJOURNED AT 9:04 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR MMY De``VyFxERDt,,,,,��� of ? TFO SEAL A ES O r'o list18l, xr- 00- rrrrn n►�� `7 o?0 / DATE APPROVED . Ve - JA EE OHOLMAN, CITY CLERK 0 0 April 10, 2009 MERIDIAN CITY COUNCIL MEETING April 14, 2009 APPLICANT ITEM NO. S REQUEST Karissa Tatom Prudential Spirit Award 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: Emalled: Staff Initials: Materfats presented at public meetings shall become properly of the City of Meridian. 0 February 26, 2009 Ms, Karissa Tatom 573 West Kodiak Drive Meridian, 11) 83642 FeMM.TrIM Mal1411W I Keith Bird Brad Hoaglun P Charles Rountre David Zaremb-z More importantly though, I know you didn't knit hats for the "Mad Hatter" effort in order to receive awards or acknowledgment, Rather, similar to Paula Miller, your efforts come from a desire to give back to others in our community and make a difference. This is what makes Meridian a great place to live, and I commend you for your efforts. lixtilpff — -. t I Awards and for your efforts to make Meridian a caning community. M, Luke Cave ner 111* 11 RL) F)F'�,Tl A L. S IN R IT OF COM M U N I I Y AW14 R D,r-, Februaq,,, 10.2009 The lionorableTarniny de Weerd 33 E, Idaho Street Meridian. ID 83642-2631 Dear Ma-yor de Weerd: We thought you'd like to know that Karissa `atom of Meridian is today being named one of the top youth volunteers in Idaho for 2009, in the 14"' annual Prudential Spirit of Community Awards. "chis is an extraordinary honor. nearly ' .10.000 young people across the country were considered for state -level recognition in this year's program. As a Distinguished Finalist in Ibis year's program., Karissa will receive an engraved bronze medallion at a local ceremony, A copy of the news release announcing this prestigious award is enclosed. The Prudential Spirit of Community Awards, created in 1995 by Prudential Financial in partnership with the National Association of Secondary School Principals (NASSP), are designed to emphasize the importance our nation places on serve ice to others. and to encourage al I young Americans to contribute to their commun ities. Students like Karissa represent the best of America's youth, and are role models to their peers and their coin al till ifics, We hope you will take advantage of this opportunity it-, exu,nd your congratulations and encouragement. You can contact Karissa at 573 West Kodiak Drive, Meridian. ID, 83642-8119, (20 8) 888-6.337, You also may want to consider inviting YOUT honoree to talk about w.)[unteering and the importance of community service at an upcoming city council meeting, proclaiming a special day of recognition, or issuing ail official statement of commendation (suggested language is included). If you would like additional information, please call (9739 802-4568, write to its at spirit/ prudent ial.com or visit spiritprudential,com. Congratulations fior having such an outstanding young, person in your city, Sincerely, John R. Strangfeld Chairman and CEO Prudential Financial Gerald N. Tirozzi Executive Director NASSP 75,1 Broad Street 16th Floor Newark, NJ 07102 (973) 802.4568 Fax (973, 802-4718 spiritCOprudential,corn www.prudenfial.comispirif THE PRUDENTIAL SPIRIT OF COMMUITNITY AWARDS HONORING OUTSTANDINC I�OMMUNITY SEPVKE BY YOUNG AMERICANS February 10. 2009 Contact: Harold Banks, Prudential Financial (973) 802-8974 FOLK IMMEDIATF RE.LEASE � "EVII&IL110111 M MINVIly 111101.1,11 WUXI Ili Dim W 4#111" 11M.110 11L i Twin Falls and Nampa students earn $1,000 awards, engraved medallions and trip to nation's capital Honors also bestowed on youth volunteers from Meridian and Jerome were named Idahos top two youth volunteers for 2009 by The Prudential Spirit of Community Awards, a nationwide program honoring young people for outstanding acts, of volunteerism. The awards program, now in its 14th year., is conducted by Prudential Financial in partnership with the National nominated by Lone Star Middle School in Nampa. As State Honorees, each will receive $1,000, an engraved silver medallion, and an all -expense -paid trip in early May to Washington, D.C., where they will join the top two honorees - one middle level and one high school youth - from each of the other states and the District of Columbia- for several days of national recognition events. Ten of them will b4 named America's top youth volunteers for 2009 at that time. =1111MI-M IDAHO'S TOP TWO VOUTH VOLUNTEERS SELECTED/Page Two Hosanna, a home -schooled I I th-grader, developed a presentation for teens on how to use technology safely and responsibly. When Hosiuma moved to Idaho from Fiji. "I was amazed to find children as young as: 5 years: old accessing technology, often without parental supervision, site said. Then, a friend of hems met a man online and agreed to a face-to-face meeting that almost ended horribly. "I realized that kids all over the world are at risk from the technology they use because there's very little education on how to utilize it responsibly," said Hosanna. Hosanna researched the dangers kids face when using the Internet. webeams, digital video recorders, mp3 players, and other forms of technology. She Then utilized that research to create a kid - friendly presentation and poster-, featuring her recommended "Steps to Safety," and began speaking in front of teens at schools, churches, youth groups. scout troops, and home-school clubs. To reach even more young people. Hosanna is working to introduce her program in public schools, adapting her message to elementary-school audiences, and planning to recruit and train Cather student presenters. "The world we face is far different than the one our parents grew up in, and the risks and dangers we face are far more serious," said Hannah. "Out generation needs to stand together, to work. together, and to not rely on adults alone to act on our behalf." Darrien, a seventh -grader at Lone Star Middle School, is raising and training a puppy to called Canine Companions for Independence. "After going on the organization's website, and reading MI I 1 41) j2N&_tM_1 P vow d "I'll, V with her every day to socialize her and teach her basic commands. fie also must take her to the Eam 11!1!1!!I!ll III IIIw1!!IIIII!II! 1 11 1 donate Delphia's vaccinations. Eventually, Delphia will learn how to open doors, turn on lights, pick. things up off the floor, and perform other helpful tasks for a disabled person. Although Darrien is sad knowing he has to send Delphia back when she is ready, he has loved the experience. "I am excited to know that all my hard work will be like giving someone a present," he said. OU-1001im 1* 0 IDAHO'S TOP TWO VOUTH VOLUNTEERS SELECTED/Page Three In addition, the program judges recognized two other Idaho students as Distinguished Finalists for their impressive community service activities. Each will receive an engraved bronze medallion: Karissa Tatum, 17. of Meridian, a senior at Cole Valley Christian Schools, learned how to knit so she could make hats and scarves for the "Mad Hatter" organization, which provides hats to women and children who have suffered hair loss due to chemotherapy. "Through my knitting. I've been able to give hats, but more than that, I've been able to give back a part of someone's self-esteem," said Karissa. Sara Valdez, 17, of Jerome, a senior at Jerome High School, brought a program to her school designed to inspire students to make a positive change in the way they treat others. Sara spoke at community and school events to secure donations of $2,500 to help fund the presentation of "Rachel's Challenge," a video and follow-up curriculum that are named for one of the student's killed in the Columbine shootings. "The recipients of these awards vividly demonstrate that young people across America are making remarkable contributions to the health and vitality of their communities," said John R. Strangfeld, chairman and CEO of Prudential Financial. "They truly deserve all of the praise and encouragement we can give them." "Congratulations to this year's state winners in the Prudential Spirit of Community Awards," stated Gerald N. Tirozzi, executive director of the National Association of Secondary School Principals. "The hard work and determination that these students have exhibited in trying to make a difference in the lives of others is remarkable." All public. and private middle level and high schools in the country, as well as all Girl Scout councils, county 4-H organizations, American Red Cross chapters, YMCAs and affiliates of HandsOn Network, were eligible to select a student or member for a local Prudential Spirit of Community Award this past November. More than 5,000 Local Honorees were then reviewed by an independent judging panel, which selected State Honorees and Distinguished Finalists based on criteria such as personal initiative, creativity, effort, impact and personal growth. 0 0 While in Washington, D.C., the 102 State Honorees will tour the capital's landmarks, attend a gala awards ceremony at the Smithsonian's National Museum of Natural History, and visit their congressional representatives on Capitol Hill. In addition, 10 of them - five middle level and five high school students - will be named National Honorees on May 4 by a prestigious national selection committeI These honorees will receive additional $5,000 awards, gold medallions, crystal trophies, and S5.000 grants from The Prudential Foundation for nonprofit, charitable organizations of their choice. Serving on the national selection committee will be John Strangfeld of Prudential; Larry Bradley, president of NASSP; Michelle Nunn, president and CEO of the Points of Light & Hands 0.n Network, Marguerite Kondracke, president and CEO of the America's Promise Alliance: Kathy Cloninger, CEO of Girt Scouts of the USA; Donald T. Floyd Jr,, president and CEO of National 40H Council, Pam Farr, the American Red Cross' national chair of volunteers-. Elson Nash, associate director for project management at the Corporation for National and Community Service; Michael Cohen, president and CEO of Achieve, Inc., and two 2008 Prudential Spirit of Community National Honorees: Kristen Allcorn of Sedalia. Mo., and Sharma Decker of Plainview, Minn, In addition to granting its own awards, The Prudential Spirit of Community Awards program will be distributing President's Volunteer Service Awards to nearly 3, 100 of its Local Honorees this year on behalf of the President's Council on Service and Civic Participation. The President*s Volunteer Service Award recognizes Americans of all ages who have volunteered siqnificant amounts of Their time to serve their communities and their country, The Prudential Spirit of Community Awards represent the United States* largest youth recognition program based solely on volunteer %mice. The program is part of a broad youth -service initiative bi Prudential that includes a i-,outh leadershiXtainift pro,,,,rarn administered bp the Points of Light Institute; a free booklet of volunteer ideas for young people offered through the Federal Citizen Information Center; and a website featuring profiles of outstanding youth volunteers, volunteer tips and prqtect ideas for students. an electronic newspaper on youth volunteerism, and more fspirit.prudcntial.com). The Spirit of Community Awards program also is conducted by Prudential suMsidiaries in Japan, South Korea, Taiwan and Ireland. 0 0 IDAHO'S TOP TWO YOUTH VOLUNTEERS SELECTED/Page Five For information on all of this year's Prudential Spirit of Community State Honorees and Distinguished Finalists, visit spirit.prudential.com or wwN,,,,principals.org/prudential. In existence since 1916, the National Association of Secondary School Principals (NASSP) is the preeminent organization of and national voice for middle level and high school principals, assistant principals, and aspiring school leaders from across the United States and more than 45 countries around the world. NASSPs mission is to promote excellence in school leadership. The National Honor Society Ck,, National Junior Honor Society 0), National Elementary Honor Society1m, and National Association of Student Councils (K) are all NASSP programs. For more information about NASSP, located in Reston, Va., visit www.principals.org or call 703-860-0200. Prudential. Financial, Inc. (NYSE: PRU), a financial services leader, has operations in the United States, Asia, Europe, and Latin America. Leveraging its heritage of life insurance and asset management expertise. Prudential is focused on helping approximately 50 million individual and institutional customers grow and protect their wealth. The company's well-known Rock symbol is an icon of strength, stability, expertise and innovation that has stood the test of time. Prudential's businesses offer a variety of products and services, including life insurance, annuities, retirement - related services. mutual funds, investment management, and real estate services. For more in forination, please visit http:i/wwwnew-,.prudential.com/. am Editors., Graphics depicting the awardpro grtim's logo and medallions mqv Ix, downloadedfirom spirit.pnidentiatcom. fe April 10, 2009 MERIDIAN CITY COUNCIL MEETING April 14, 2009 APPLICANT ITEM NO. 6-A REQUEST Approve Minutes of March 17, 2009 City Council Special Workshop Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT. CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST. INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shalt become properly of the City of Meridian. April 10, 2009 MERIDIAN CITY COUNCIL MEETING April 14, 2009 APPLICANT ITEM NO. 6-B REQUEST Approve Minutes of March 24, 2009 City Council Reglar Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridiem. • April 10, 2009 MERIDIAN CITY COUNCIL MEETING April 14, 2009 APPLICANT ITEM NO. 6-C REQUEST Approve Minutes of April 7, 2009 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: I el 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. • April 10, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT • April 14, 2009 ITEM NO. 6-D REQUEST Human Resources Professional Services Agreement with limberly Ingraham for Pilates Classes 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 Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetbW shag become property of fhe Ctlyy of Meridian. HUMAN RESOURCES PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MERIDIAN AND t , THIS AGREEMENT, effective the day of2009, by and m between the City of Meridian, a municipal corporation orgaz d under the laws of the State of o, ereinafter r rred to as "CITY", 33 East Broadway Venu Meridian, Idaho 83642, and -lam ;reinafter referred to as K _ I . Scope of Services: 1-- 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 byt heparties. 2. Time of Performance: This agreement shall be effective from . 1, / _ 1, and shall expire no later than September 30. 2009 unless earlier terminated or extended. 3. Indemnification and Insurance: 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 t<� _, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. KliZ will provide services to the CITY and shall be liable for all acts of their employees while upon the premises of the CITY. The CITY will further indemnify 141g= -for any losses, claims, actions, or acts by the CITY, its agents or employees, taken in furtherance or related to the training received from, 4. Independent Contractor: In all matters pertaining to this agreement. shall be acting as an independent contractor, and neither _ r nor any officer, employee or agent of i 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. Compensation: V HI --- shall be compensated for I-luman Resources consulting services pursuant to and specified in attached Exhibit "A." For the purposes of contact for compliance with this Agreement- may deal exclusively with: Personal Services Agreement - page l of 5 • 0 Human Resources Director City of Meridian 33 E. Broadway Meridian, ID 83642 6. Method of Payment: will be paid at the rate as specified in the Scope of Services as referenced in Article 1 above '�-L-�--�-- shall be responsible to provide an accounting of services provided. will be paid within thirty days (30) of providing the City with an invoice. 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. Broadway Avenue Meridian, Idaho 83642 Address of Vendor 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 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 -LJJJ� , 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. Personal Services Agreement — page 2 of 5 IL Discrimination Prohibited: In performing the Services required herein. _1� 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 CCI'Y 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. 1 3. 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 'S records with respect to all matters covered by this Agreement. W__4_4- 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: The CI'T'Y 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 that are property of the CITY.� does use material prepared and copyrighted for their use in furtherance of this Agreement and contain proprietary information that derives separate individual economic value to V— R-1 —. Those documents may not be reproduced without the express written consent of Documents that are restricted by this condition must he clearly marked and identified by to claim this exclusion. Said proprietary materials shall remain the property of _ and utilization of such proprietary materials by the CITY outside of this Agreement or ongoing beyond the term of this Agreement would require a separate licensing agreement to be entered into by the parties. 15. Compliance with Laws: In performing the scope of services required hereunder. ._ 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 ofI.BI—IS compensation, which are mutually agreed upon by and between the CITY and , shall be incorporated in written amendments to this Agreement. 17. Termination: For Cause: If, through any cause,. , its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement. Personal Services Agreement — page 3 of 5 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, the CITY may immediately terminate this agreement with notice to � . 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 of such termination and specifying the effective date thereof at least sixty (60) days before the effective date of such termination. KG may also 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 4t- " _ under this Agreement shall, at the option of the CITY, become its property, and H �7 shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, 1 shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this A reem_ent by �}-j�-- and the CITY may withhold any payments to t for the purposes of set-off until such time as the exact amount of damages due the CITY from 14. W1 is determined. This provision shall survive the termination of this agreement and shall not relieve ,6-_ 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. The ,parties also understand that „ k_f _ has existing Agreements with the CtfY tf are not incorporated under this Agreement. The CITY may contract with H T to perform other functions not included in the Scope of Services of this Agreement. Any such contemporaneous agreements shall also be in writing and substantially similar to this Agreement. Personal Services Agreement — page 4 of 5 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. Name of Vendor orrincipal of Compai"riy CITY OF MERIDIAN BY: _ `TAMMY e EERD, MAYOR Attest: O� Mv®,��1+ ��TFO JAYCEE OLMAN., CITY C€E BEAL 1SA • �.. Personal Services Agreement — page 5 of 5 • Pilates Classes ATTACHMENT "A" Twice a week from April 1 to May 16 $5.00 per person per class • 0 April 10, 2009 MERIDIAN CITY COUNCIL MEETING April 14, 2009 APPLICANT ITEM NO. 6-E REQUEST Approve New Beer & Liquor License for Gino's Italian Ristorante & Bar LLC dba Gino's Italian Ristorante & Bar located at 3015 W. McMillan Road Suite 108 Meridian Idaho 83642 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: Emalled: Staff Initials: Materials presented at public meetings shop become property of the City of Merldlon. • • NEW BEER/WINE/LIQUOR LICENSE APPLICATION INTERNAL APPROVAL CHECKLIST For Internal - Office Use Only: L Applicant: Gino's Italian Ristorante & Bar LLC Business Name: Gino's Italian Ristorante & Bar Location: 3015 W. McMillan Rd., Suite 108, Meridian Idaho 83646 License Type: [X] Beer [ ] Wine ' [X] Liquor - (wine included) Application / File Fee: New Beer $200.00 & New Liquor $562.50 = $762.50 Receipt No. 15868 Economic Development: Economic Development Approval: N/A Signature Date Police Department: Police Chief Approval: Signature Fire Department: Fire Chief Approval: Date YM Signature L I- Date Planning Department: Q Planning Director Approval: Oka -e -w Signature t bate Public Works Department: Development Services Manager Approval: 6"V/9 10 Signature Dat PLEASE RETURN THIS SHEET ONLY with the appropriate .signature. This item is scheduled to be approved on the April 14th, 2009 City Council Agenda. THANK YOU. 0 • Page 1 of 1 Nancy Radford From: Bruce Freckleton Sent: Thursday, April 09, 2009 1:55 PM To: Nancy Radford Subject: RE: New 2009 Beer and Liquor License for Gino's Italian Ristorante & Bar Attachments: Bruce Freckleton (freckleb@meddiancity.org).vcf Good to go from here... IDIAN Bruce Freckleton Development Services Manager Meridian Public Works Department From: Nancy Radford Sent: Wednesday, April 08, 2009 9:56 AM To: John Overton - Police; Joe Silva; Anna Canning; Bruce Freckleton Cc: Jaycee Holman Subject: New 2009 Beer and Liquor License for Gino's Italian Ristorante & Bar Good Morning All, Here is a New Beer/Liquor Application for Gino's Italian Ristorante & Bar which is located at 3015 W. McMillan Rd., Suite 108. This is scheduled to be on the Tuesday April 14th City Council Agenda. Please review and sign the Internal Approval Checklist and return to me. Thank you, Nancy Radford Assistant City Clerk City of Meridian 33 E. Broadway Ave. Meridian ID 83642 Direct Line: 208-489-0391 4/9/2009 • NEW BEER/WINE/LIQUOR LICENSE APPLICATION INTERNAL APPROVAL CHECKLIST For Internal - Office Use Only: Applicant: Gino's Italian Ristorante & Bar LLC Business Name: Gino's Italian Ristorante & Bar Location: 3015 W. McMillan Rd., Suite 108, Meridian Idaho 83646 License Type: [X] Beer [ ] Wine [X] Liquor — (wine included) Application / File Fee: New Beer $200.00 & New Liquor $562.50 = $762.50 Receipt No. 15868 Economic Development: Economic Development Approval: N/A Signature Date Police Department: Police Chief Approval: Signature Date Fire Department: Fire Chief Approval: Signature Planning Department: Planning � ctob Approval:. �j atur Public Works Department: Development Services Manager Approval: �,v Signature Date nla C) Date Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This item is scheduled to be approved on the April 14th, 2009 City Council Agenda. THANK YOU. Page 1 of 1 Nancy Radford From: Joe Silva Sent: Wednesday, April 08, 2009 11:41 AM To: Nancy Radford; John Overton - Police; Anna Canning; Bruce Freckleton cc: Jaycee Holman; Rick Jackson gacksonr@meddiancity.org) Subject: RE: New 2009 Beer and Liquor License for Gino's Italian Ristorante & Bar This one is approved by the Fire Department by Greene Fire Protection. Joseph P. Silva Deputy Chief/ Fire Prevention Meridian Fire Department jsilva@meridiancity.org. 33 E. Broadway Ave., Meridian, ID 83642 (208) 888-1234 Office (208) 895-0390 Fax Please note we have a new address. From: Nancy Radford Sent: Wednesday, April 08, 2009 9:56 AM To: John Overton - Police; Joe Silva; Anna Canning; Bruce Freckleton Cc: Jaycee Holman Subject: New 2009 Beer and Liquor License for Gino's Italian Ristorante & Bar Good Morning All, Here is a New Beer/Liquor Application for Gino's Italian Ristorante & Bar which is located at 3015 W. McMillan Rd., Suite 108. This is scheduled to be on the Tuesday April 14th City Council Agenda. Please review and sign the Internal Approval Checklist and return to me. Thank you, Nancy Radford Assistant City Clerk City of Meridian 33 E. Broadway Ave. Meridian ID 83642 Direct Line: 208-489-0391 4/8/2009 CIT@t ®Fcl%C CITY CLERKS OFFICE APPLICATION FOR NEW BEER LICENSES APPLICATION YEAR 2407 (1) Application is hereby made for a license as a Retailer or Package Vendor Only Of beer and fee in the sum of $ 200.00 is enclosed. Name of Business L,a) �anl ao& laav, Address X15 % N%tldwnlea- Sk On Phone 016- SUU-at3D mec io.+n lbstagvv Type of Business Gr+ios-X4eLVtav-, R� o�an�e C1, fax l.L� (Insert: Corporation, Individual, Partnership, etc.) ' Name of Applicant 1s1C1b'SZ�-Q,� i n, niir7ilf�ke. l,�ifl� P,.Y�r �.r;�(, Address &15 W • M M't 161 ?J,_&&Phone NlfrW-Oxx SSlo114lb Address of Premises ala W. t�lchl�llatn'dF51e lD� MfXit!rfin ,. A \0, Street Address City County (2) Premises are (check one: Owned Owned or Mortgaged Amount of loan secured by mortgage:$ leased X rented Owner of building is Prat lend Tywcg 6& in k- 6rtrou n_ LL./"i LLG Name and Address holdiD9 mortgage on premises is and Address ,T4 83-�6Z Fixtures in the premises are of the value of $ 25DI000 and are (check one): Owned Held on Conditional Sales Contrail Leased or Rented If fixtures are held on Conditional Sales Contract or are leased or rented, the owner is: Name and Address City Clerk's Office . 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433. Fax 208-888-4218 . www.meridiancity.org ILLS 0 E If applicant is a Partnership, the names and addresses of the other partners are: 0 51 Cogorate applicant must furnish the following: Date and place of incorporation: _ �JA Registered Office: t� /A Name of Manager of Corporation: IJ /A Manager of Corporation became a resident of Idaho on: 10/A Names of all officers and Board of Directors of Corporation: If wholesaler, address where records are kept: Recommendations (6 ormore residents of Meridian required): K/A 2 3 4. 5. STATEMENT AND OATH OF PERSONAL QUALIFICATIONS OF APPLICANT STATE OF Idaho ADA COUNTY I , \Jl A o -'b , being first duly swom on my oath and say: That I reside at A 67-1 \nl _ E- r[a rxkl i h Z : that I became a bona fide resident of �o►5e 83��G Beer Ucense Application Page 2 of 4 Idaho on 3 : that I am connected with the above named applicant as: _Owner Partner Manager of Corporation That I now hold United States Internal Revenue Retail Liquor or Wine Dealer's Stamp No. or Malt Dealer's Stamp No. (if none, write "none") That the following is a statement of the occasions within the past three years upon which I have been convicted of any violation of the Laws of the United States, the State of Idaho, or any other state of the United States, regulating governing or prohibiting the sale of alcoholic beverages or intoxicating liquor, or have within the past three years forfeited or suffered the forfeiture of a bond for my appearance to answer charges of any such violation: (if none, write "none) Date of Arrest Place of Arrest Charge Disposition That the following is a statement of the occasions upon which I have been convicted of any felony within the past five years or have paid any fine or completed any sentence of confinement therefore within the past five years: (if none, write "none") Date of Arrest Place of Arrest Charge Disposition That the following is a statement of the occasions within the past three years when my application for or my license to deal in beer, wine or liquor have been refused, suspended or revoked (if none, write "none") Date of Refusal, Suspension or Reason for Refusal, Suspension or Revocation Revocation Beer License Applicatlon Page 3 of 4 • • That I am a citizen of the United States: (if naturalized, give number & place) (If wholesaler, cross out the following line) That I am not an official, age a �lo) wholesaler or jobber of liq or or malt b�-v Signature of A plica STATE OF IDAHO ss: of any distillery, winery, brewery, of County of ) I HEREBY CERTIFY that on thioty of before the undersigned, a Notary Public in the State of Idaho, personally appeared Lino �fyo known to me to be the person who executed the said instrument, and acknowledged to me that he 1 she 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. Y WINKLE Nota ub is or Idaho Notary Public Residing at , Idaho State of Idaho My Commission Expires: !l 2ad9 False statements in this application constitutes a felony and are punishable by imprisonment for not more than fourteen (14) years (Title 18, Chapter 54, Idaho Code). Beer License Application Page 4 of 4 Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba CITY OF C r� APPLICATION FOR RETAIL LIQUOR DMs OFFICE Application Year ZM FEE IN THE SUM OF $562.50 IS ENCLOSED WARNING If any false statement is made in any part of said application or any subsequent report, the applicant, or applicants, shall be deemed guilty of a felony an upon conviction thereof shall be imprisoned in the State prison for not less than one year nor more than five years, or fined not less than $1,000.00 nor more than $5,000.00, or both such fine and imprisonment. If during the period of any license issued by the City Council any material change in the requirements above stated shall take place, the license shall forthwith made a verified report of such change to the City of Meridian. No person shall be granted more than one license in any city or village for any one year. All licenses expire at midnight on April 30th. All licenses are applicable only to the premises in respect to which they are issued. Application is hereby made for a license to sell liquor by the drink upon the premises particularly described as follows: *Name of Business G; (W-5 IN _Rij{(yw\6 CI &4 Address: X015 W M�Mi(Ian RAS-L�4e- top) me -via o on ss pU(a Type of building: (AC` merc; l List of all business being carried on in the same building: Me -r -.k � ee, e F13,rrYt InAuni nee- _ br►AA,---TDMIe_r IRP^ I T-c4n�e- . Premises are (check one), Owned ; Owned and Mortgaged ; Amount of loan secured by mortgage $ ; City Clerk's Office . 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433. Fax 208-888-4218 . www.meridiancity.org Leased or Rented_. (If leased, or rented, attach copy of lease or other instrument indicating plainly thereon the clause which constitutes owners consent to sale of liquor on premises). The State retail license for these premises is held in the name of 440 $ ��� &r and is numbered_ qg Fixtures in the premises of the value of $2a,.=—, and are (check one) Owned ( ); Held on conditional sales contract ( ); Leased or rented ()C). Note: See instruction sheet. In connection with this application, the following schedules of additional information are attached: Schedule A: Statement and oath of personal qualifications. To be completed by an individual owner, by ALL partners, if application is for a partnership, and by all members of the Board of Directors and all officers and ten principal stockholders of corporate applicant. Schedule B: To be provided by Applicant: Balance Sheet showing the assets, liabilities and capital account as of the date of the application, certified to by the owner, a partner, or an officer of a corporate applicant, and by the individual or firm preparing the same. Schedule C: Statement of the names of all persons, individual and corporate, who have any financial interest in the business to be conducted on the premises to be licensed. Schedule D: A floor plan of the premises to be licensed. All statements herein contained, including the information in the attached schedules which is within the knowledge of the person subscribing this application, are declared to be true. Dated this Ra day of kpe% k Z0e Silinature of Applicant Retail Liquor License Application Page 2 of 6 • 0 STATE OF IDAHO ss: County of I HEREBY CERTIFY that on this day of I(i l , , LOO , before the udersigned, a Notary Public in the State of Idaho, personally appeared gino IZLA10 , known to me to be the person who executed the said instrument, and acknowledged to me that he / she 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. jg:j (except balance sheet) N tary Publico daho Residing at , Idaho My Commission Expires: X09 Retail Liquor License Application Page 3 of 6 0 0 APPLICATION FOR RETAIL LIQUOR LICENSE 2006 —2007 SCHEDULE A Statement of Oath Of Personal Qualification, In Connection With The Application for Retail Liquor License Of (Exact Name of Applicant as Contained in Application) STATE OF IDAHO ) ) ss: County of ) I, �� v�0�0 , being first duly sworn on my oath depose and say: That I reside at Q( 21 W. ankl; n 9a - boi5e 851M ; that I became a bona fide resident of Idaho on (date) 3/ A4 ,* that I am connected with the above named applicant as: Owner ()(); Partner ( ); Member of the Board of Directors ( ); Officer of Corporation ( ); One of the ten principal stockholders ( ); If a stockholder, state amount of shares held; and if all or any part hypothecated, state number of shares lelZ6 , and to whom J/A ; that I now have, or previously have had, ownership 6r managerial interest in the below listed business which are now, or have been licensed to sell liquor by the drink; (If interest has been terminated, show date of termination). That I have not within three (3) years from the date of this application been convicted of any violation of the Laws of the United States, the State of Idaho, or any other State of the United States, or of the resolutions or ordinances of any county or city of this State, relating to the importation, transportation, manufacture, possession or sale of alcoholic liquor or beer. Date of Arrest Place of Arrest Charge Disposition W /A That I have not been convicted, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgement or completed any sentence of confinement for any felony within five (5) years prior to the date of this application. • Gino and Tia Vuolo Balanace Sheet as of March 4, 2009 Assets 4 -Mar -09 Home $450,000.00 Savings $15,000.00 Checking $15,000.00 Gino's Italian Ristorante (Stock) $50,000.00 Life Insurance $250,000.00 Gino's Italian Ristorante & Bar, LLC Equipment- $150,000.00 Total Assets $930,000.00 Liabilities Home $430,000.00 Mercedes ML350 $17,500.00 Mini Cooper $12,000.00 Total Liabilities $459,500.00 0 • 0 APPLICATION FOR RETAIL LIQUOR LICENSE 2006 — 2007 SCHEDULE C STATEMENT OF THE NAMES OF ALL PERSONS, INDIVIDUAL OR CORPORATE WHO HAVE ANY FINANCIAL INTEREST IN THE BUSINESS TO BE CONDUCTED ON THE PREMISES TO BE LICENSED: (Instructions: Include open loans, mortgages, conditional sales contracts, partnerships, silent partnerships, trusts or other interests, excepting only open trade account incurred in the ordinary course of business). DATE AND NATURE OF INTEREST AMOUNT INVOLVED In the case of corporate applicant, furnish the following information (list separately if needed): Date and place of incorporation: �l�A Registered Office: — Names of all members of the Board of Directors: Names of all officers of the corporation: Names of the ten principal stockholders and amount of stock. Number of Shares Amount es of Stock Held Par Value Paid for Share Authorized capital stock of corporate applicant: $ 0 0 � � � � That the following is a statement of the occasions within three years when my application for, or my license to deal in alcoholic liquor has been refused, suspended, or revoked. (If none, write "none"). Date of Refusal, Suspension or Reason for Refusal, Suspension or I Revocation Revocation That I am a citizen of the United States: (If naturalized give number and place) A -W 022 - 5150 - 611 -56,5e i lD That I_am not an official, agent, or employee of any distillery, winery, brewery, or wholesaler or jobber of liquor or malt beverages. Name of Applicant STATE OF IDAHO ss: County of ) I HEREBY CERTIFY that on this _ day of 6 , before the Zd ersigned, a Notary Public in the State of daho, personally appeared no \,1l),0(o , known to me to be the person who executed the said instrument, and acknowledged to me that he / she 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. KIMBERLY WINKI.E ki (SEAN,o a ® PublicIdaho No ry Public f r aho Residing at , Idaho My Commission Expires: l! 7 Retail Liquor License Application Page 5 of 6 A �'• s OX O W , J � •1 �1 tV . lV . m OX � m �r • =� J N N O CD CD 'a � N • ^ � % �J� ya�iii�� -,� M �` W � Gj ate.• CD 15 3 J Fn 57 cD •CnO 0 CO Cr O O in Cn O O cn O IL cbod A O G) O vt A A 00• o cn O~' Q O o D � r c� T A N ti M CD N N O CD O.. 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U O cc CD caI, wl 00 It bA CJ "P.( IC) 16. 0 �� O � � '� � U -d. z0 O ;p � C14 It Po O A45 PW 00 (:::> to rAs. Cc' PC A • Z:Gino's Ristorante/Lease 9-10-08 The Mercato at BridgeTower Lease Basic Sub -Lease Provisions The following lease provisions are hereby incorporated into and made a part of the Lease to which this is attached: A. DATE OF LEASE: September 10, 2008 B. NAMES AND ADDRESSES OF PARTIES: LESSOR: Damante, LLC 3120 W. Belltower Dr. Suite 100 Meridian, Idaho 83646 Phone: 208-888-3340/ Fax: 208-888-3323 Contact: Sharman Buzzini Email: ghvcshannan@gwestoffice.net LESSEE (Tenant): Gino's ItalianRistorante & Bar LLC 9621 W. Franklin Rd. Boise, Idaho 83709 Phone: 375-8902/Gino Cell: 866-9130 Tia Cell: 866-0431 E-mail: C. TENANT'S TRADE NAME: Gino'sItalianRistorante & Bar LLC D. USE & OCCUPANCY: For the sale and service of Italian Cuisine, deli meats, breads, beverages, beer, wine and liquor. E. GUARANTOR: Gino & Tia Vuolo F. LEASED PREMISES: A portion of the office building owned by Lessor known as 3015 W. McMillan Rd. Meridian_ Idaho 83646, Boise, Idaho, as shown in the drawings attached hereto as Exhibit "A" and by this reference incorporated herein, located on the first floor(s), to be known as Suite 108. G. APPROXIMATE FLOOR SPACE: 3,911 square feet H. PATIO ACCESS: Lessor grants Lessee exclusive access to a minimum of 400 square feet of usable patio space. The defined allowable and usable patio space will be mutually agreed upon by Lessor and Lessee. A Lessor approved perimeter fence will be installed The terms and responsibility set forth in this lease for interior square footage will also apply to the above defined exterior patio square footage. See Exhibit D. Page 1 • Z:Gino's Ristorante/Lease 9-10-08 I. LEASE TERM AND TENANCY: Fifteen 15 ears commend-inCT on the deliv of possession with (1) one l5) year o tion J. ANNUAL RENTAL: Includes Miniunum Rent and Percentage Rent -See Exhibit B K. PERCENTAGE RENT: _Year (1) one through (15) fifteen will include an established Minimum Rent plus 6% of gross sales over $600 000 00 See Exhibit B. L. LEASE OCCUPANCY DATE: February 1 2009 M. LEASE COMMENCEMENT: The Lease shall commence upon the possession date of February 1. 2009. Rent shall commence within Six 60 days after the premises have been turned over to Tenant or first day of business, whichever comes first. Rent Commencement Date of April 1, 2009. N. RENT: Minimum Rent, Percentage Rent and any Additional Rent shall be payable to Lessor or Assigns at the address set forth above or such other address as Lessor may designate in writing. O. SECURITY DEPOSIT: A deposit of $4 888.75 due at time of signing the Lease and shall be applied as 1' months rent. See Exhibit B Lessee shall gjgt to Lessor a security interest in Lessee's assests to secure all obli ation of Lessee under this lease P. LESSEE'S REQUIRED INSURANCE: Comprehensive general public liability and property damage insurance, with limits of liability of not less than $1.000.000.00 combined single limit. Q. COMPLETE THE FOLLOWING IMPROVEMENTS: LESSEE- To include: hoods, cooking equipment, pizza ovens, roof top equipment, fire suppression system At the departure of Lessee and at the option of Lessor, all equipment is to become the property of Primeland Investment Group, LLC. LESSOR: Will build out per approved plans per see EXHIBIT D and EXHIBIT D-1 (build -out per anDroved plans) R. EMPLOYEE/CUSTOMER PARKING: As there. S. LATE PAYMENT PENALTY: In the event all rent and additional rent is not received by owner or agent within five (5) days of due date, Lessee agrees to pay a late charge of 5% of Page 2 Z:Gino's Ristorante/Lease 9-10-08 the balance due plus interest at 12% per annum on the delinquent amount. Lessee agrees further to pay $50.00 for each dishonored check. T. SMOKING (POLICY: This is a smoke free building. Smoking will only be allowed in the designated areas outside the building. U. SIGNAGE: EXHIBIT E V. UTILITIES: Tenant to pay its actual cost of utility service consumed through separate metering of Premises. (L - Lessor/Lessor responsible for) (T - Lessee/Lessee responsible for) UTILITIES Power L Heat T Water T Sewer L" Telephone LT Real Property Tax L Trash Removal L Personal Property Tax L Fire Insurance on Building T Fire Insurance of Personal Property L Glass Breakage T Glass Insurance L Cleaning, Parking Lot T MAINTENANCE Roof L Exterior Walls L Interior Walls TL Structural Repair Interior Decorating T Exterior Painting L Plumbing Equipment T T Heating & Air Conditioning Equipment Electrical Equipment T Exterior Light Globes and Tubes L Glass Breakage TSnow Removal, and Landscaping L Cleaning, Parking Lot L Page 3 • Z:Gino's Ristorante/Lease 9-10-08 • W. COMMON AREA MAINTENANCE: Tenant to pay pro -rata share of allowable Common Area Expenses. WW. MAINTENANCE: Landlord shall maintain and repair all of the structural elements and exterior surfaces of the Premises, including roof and roof covering, unexposed electrical, at Landlord's expense, but Landlord shall be reimbursed by Tenant from the Common Area Charges for such repairs. Landlord shall maintain and repair the grease trap connected to Tenant's Suite at Landlord's expense, but Landlord shall be reimbursed by Tenant from Common Area Charges for such repairs. Tenant shall maintain and repair the interior walls, ceiling, plumbing, plate glass, signage and doors at Tenant's expense. X- HVAC MAINTENANCE: Landlord shall maintain the HVAC system with Tenant to pay the cost of the maintenance, repair and replacement thereof in monthly installments as determined by Landlord. Y. REAL PROPERTY TAX: Tenant to pay pro -rata share, based on its proportionate leasable area, out of the gross leasable area of the Retail Center, as a part of Common Area Maintenance. Z. LIQUOR LICENSE: Lessor shall provide liquor license at his expense. The license shall remain the property of the Lessor. Lessee shall provide Liquor License Insurance for both Lessee and Lessor in an amount agreed upon by both Lessee and Lessor. ZZ. ATTACHMENTS Exhibit A: Building Rules and Regulations, Signs Exhibit B: Minimum Rent and Percentage Rent Exhibit C: Personal Guarantee Exhibit D: Site Plan Exhibit D-1: Floor Plan, Vanilla Box and Build Out Exhibit E: Master Sign Plan LESSOR DATE: ~ DATE: SEE DATE: Page 4 • Z:Gino's Ristorante/Lease 9-10-08 Intentionally Left Blank Page 5 0 f 0 r • Z:Gino's Ristorante/Lease 9-10-08 LEASE 1. PARTIES: This Lease is made between Lessor and Lessee named in the "Basic Lease Provisions", as of the date set forth therein. 2. DEFINITIONS: Unless the context otherwise specifies or requires, the terms listed below shall have the following meanings: (a) The term "Building" shall mean the retail/office building described in the Basic Lease Provisions attached hereto, the land thereunder and all appurtenances thereto, excluding any parking lot or structure. (b) The term "Premises" shall mean the space in the Building shown in the drawings referred to in the Basic Lease Provisions, together with all appurtenant rights to the use, in common with others of lobbies, entrances, stairs, elevators and other public portions of the Building. All the outside walls and windows of the Premises and any space in the Premises used for shafts, stocks, pipes, conduits, ducts, electric or other utilities, sinks or other Building facilities, and the use thereof and access thereto through the Premises for the purpose of operation, maintenance and repairs, are reserved to Lessor. 3. TERM AND POSSESSION: (a) The term of this Lease shall be for the period specified in the Basic Lease Provisions and shall commence on the Target Commencement Date designated in the Basic Lease Provisions or such later date as the Premises shall be tendered to Lessee ready for occupancy as set forth in paragraph 3(b) below or upon such earlier date as Lessee takes possession or commences use of the Premises for any purpose, other than construction. The date of commencement as defined above, hereinafter referred to as the "Commencement Date", and shall be confirmed in writing by the parties promptly upon such commencement. (b) Notwithstanding anything to the contrary provided herein, Lessor may tender the Premises to Lessee upon not less that 20 days prior written notice stating that the Premises will be ready for occupancy on the date specified in such notice. The Premises shall be deemed ready for occupancy upon the expiration of 20 days from the date said notice is sent and when Lessor has "substantially completed" Lessor's work specified in any attached Improvement Work Agreement and when Lessor (i) has put in operation all Building services essential to the use of the Premises by Lessee, (ii) has substantially completed the lobby of the Building and (iii) has provided reasonable access to the Premises for Lessee, its agents, employees, licensees and invites so that the same may be used without unnecessary interference. "Substantially completed" shall mean completion of those items which are Lessor's responsibility, except for those minor items which do not materially impair the usability of the Building or the Premises by Lessee. (c) If Lessor, for any reason whatsoever, cannot deliver possession of the Premises to Lessee on the Target Commencement Date, this Lease shall not be void or voidable and the expiration date and Lessee's obligations hereunder (except the obligation to commence paying rental on the Target Commencement Date) shall not be affected nor shall Lessor be liable to Lessee for any loss or damage, directly or indirectly, attributable to such delay. (d) By taking possession of the Premises, Lessee accepts the Premises as being in good and acceptable condition and in compliance with the condition in which Lessor is obligated to deliver them, except that Lessor agrees to complete any items of Lessor's work which have not been finished at the time of substantial completion of the Premises and which are identified by Lessee at the time of taking of possession. 4. RENTAL: (a) Rent: Lessee shall pay to Lessor the monthly Minimum Rental for the use and occupancy of the Premises, at the time and in the manner hereinafter provided, the sums of money specified in the Basic Lease Provisions or elsewhere in this Lease (EXHIBIT B). All Rent, Percentage Rent, Additional Rent or other costs or reimbursements to be paid by Tenant without deduction or offset of any kind, in advance, on or before the first day of each month during the term of this Lease without deduction or offset whatsoever. Page 1 10 Z:Gino's Ristorante/Lease 9-10-08 (b) All Minimum Rent, Percentage Rent, Additio Landlord shall be in lawful money of the Uninal Rent, or other costs or reimbursements to be paid by Tenant to ted States of America and shall be paid without deduction or offset prior notice or demand, and at such place or places as may be designated from time to time by Landlord. If the Lease starts on a day other than the first of the month, Minimum Rent, percentage Rent, Additional Rent, or other costs or reimbursements during the first month shall be prorated accordingly on a thirty (30) day month basis. (c) Lessee recognizes that late payment of monthly Minimum Rent or any other sum due hereunder from Lessee to Lessor will result in certain administrative expense to Lessor, the extent of which additional expense is extremely difficult and economically impractical to ascertain. Lessee, therefore, agrees that if monthly Minimum Rent or any other payment due hereunder from Lessee to Lessor remains unpaid five days after said amount is due, the amount of such unpaid Monthly Rental or other payment shall be increased by a late charge to be paid Lessor by Lessee on any unpaid rental, or other payments shall be charged by Lessor to defray such loss and expense. The provisions of this paragraph in no way relieve Lessee of the obligation to pay rental or other payments on or before the date on which they are due nor do the terms of this paragraph in any way affect or limit Lessor's remedies pursuant to paragraph 21 of this Lease in the event rental or other payment is unpaid after the date due. (d) Additional Rent: Lessee shall pay, without deduction or effect of any kind, to Landlord as "Additional Rent" for the Premises during the term the mounts specked in this Section Rental (d -i). (e) Reporting of Gross Sales: Lessee shall provide to Landlord a report of monthly gross sales by the first day of each month for the previous month's sales. As a part of the reported sales Lessee may itemize the report with general categories of sales. Lessee's report shall be copies of Idaho State Sales Tax. (f) Lessee's Share of Taxes: Lessee's share of real property and other taxes shall be paid as part of the Common Area Expenses. (g) Lessee's share of�ce Cost• Lessee's share of the insurance costs maintained by Landlord shall be paid as part of the Common Area Expenses. (h) Lessee's Share of Utilities Services: Lessee shall pay as Additional Rent a utility charge to reimburse Landlord for utilities furnished by Landlord, if any, to the Premises, as a part of Common Area Expenses. Tenant recognizes that certain facilities and utilities may be provided which will serve and be used by more than one tenant. The payments to companies for such services and the expenses of maintenance, insurance, repair and replacement of such equipment and services is to be borne by each tenant proportionately in the ratio of the square footage of space served by such facilities with necessary and equitable modification where special or comparatively excessive use of such facilities occurs with respect to or is afforded an individual tenant and except that such share will not be less than the minimum charge per user normally established by the company providing such service. (i) Lessee's Share of Common Area Expenses (ii) Definition of Common Area Exeases: Landlord shall keep or cause to be kept said Common Area, in a neat clean and orderly condition, properly lighted and shall repair any damages to the facilities thereof, but all expenses in condition with said Common Area shall be charged and prorated in the manner hereinafterset forth. Common Area expenses include those Common Area costs and expenses of maintaining the interior and exterior portions of the Retail Center that are for the common, non-exclusive use of tenants within the retail Center and their customers and agents ("Common Area Expenses" or "CAM"). Common Area Expenses include, but are not limited to, all sums expended in the management of the Retail Center and Common Area, including accounting fees, administrative costs, management fees, and for all general maintenance and repairs, the Retail Center signs, music program services and loudspeaker systems (whether rented or purchased) including the electricity therefore, resurfacing , painting, re -striping, parking lot patching, cleaning, including public rest rooms, floors, ceilings, roofs, building exterior, skylights and windows, sweeping and janitorial services, snow removal, maintenance and repair of sidewalk, curbs, gutters, catch basin, and other irrigation and drainage systems, on or off site, sprinkler systems, Page 2 Z:Gino's Ristorante/Lease 9-10-08 landscaping, lighting and other utilities, directional signs and other markers and bumpers, maintenance and repair of any fire protection systems, automatic sprinkler systems, lighting systems (including tube and bulb replacement) , sewer and storm drainage systems„ on or off site, and other utility systems, maintenance, repair and replacement of mechanical equipment, Premises casualty insurance, removal of trash, garbage and other refuse, floor covering, personnel to implement such services, fire protection service, real and personal property taxes an assessment on the improvements, the premises, and land comprising Common Area, all costs and expenses pertaining to any police or security alarm devices or security systems devices or security systems that Landlord deems necessary and if such are provided for the tenants and Common Area in the Retail Center, depreciation on maintenance and operating machinery and equipment (if owned) and rental paid for such machinery and equipment (if rented), reasonable replacement reserves, adequate public liability and property damage insurance, vandalism insurance, boiler and plate glass insurance for the Common Area improvements and equipment, and an administrative fee in the amount of fifteen (15%) percent of the total of the aforementioned expenses for each calendar year. Landlord may cause any or all of said services to be provided by an independent contractor or contractors. Should Landlord acquire or make available additional land (whether owned by Landlord or other) not shown as part of the Retail Center on Exhibit "A" and make the same available for parking or other Common Area purposes, then said expenses in connection with said Common Area may also include all of the aforementioned expenses incurred in connection with said additional land. (iii) Commencing on the date the term provided for in the Basic Lease Provisions and Exhibit B and thereafter on the first day of each calendar month of the term of this Lease, Tenant shall pay to Landlord the amount of Tenant's share of the Common Area expenses. Landlord may adjust the monthly Common Area expenses to Tenant at the end of any calendar quarter, or at Landlord's option each calendar year, on the basis of Landlord's experience and reasonably anticipated costs. (iv) Within ninety (90) days following the end of each calendar year, Landlord shall fumish Tenant a statement covering the calendar year just expired, certified as correct by a certified public accountant or an authorized representative of Landlord, showing the expenses for such calendar quarter of yeatotal operating costs, the amount of Tenant's share of such Common Area r and the payments made by Tenant with respect to such period as set forth above. However, Landlord's failure to provide such CAM cost statement by the date provided above shall in noway excuse Tenant from its obligation to pay its pro -rata share of CAM costs or constitute a waiver of Landlord'sright to bill and collect such pro -rata share of CAM costs from Tenant accordance with this clause. If Tenant's share of nt i such Common Area expenses exceeds Tenant's payment so made, Tenant shall pay Landlord the deficiency with in ten (10) days after receipt of such statement. If said payments exceed Tenant's share of such Common area expenses, The Tenant shall be entitled to offset the excess against payments next thereafter to become due Landlord as set forth above. The Tenant's share of the Common Area expenses shall be the number obtained by dividing the leased area in square feet of the Premises by the area in square feet of all of the gross leasable area in the Retail Center other than any Common Areas, the major stores and the freestanding tenants which perform their own exterior Common Area maintenance or contribute to the Common Area operating costs, multiplied by the area expenses net of any contribution by major stores and freestanding Tenants in accordance with this clause. (v) Lessee agrees to operate the heating, ventilation, and air conditioning equipment serving its Premises in accordance with the manufacturer's recommendations and to abide by any governmental policy affecting such usage. Lessee shall cause Premises to be heated and air conditioned to the extent necessary to prevent damages to the Premises or any part or portion thereof. (vi) Failure of Lessee to pay any of the charges in this Section required to be paid shall constitute a default under the terms hereof in like manner as failure to pay Rent when due. (vi) Attorney's Fees and other Expenses are Additional Rent If Landlord is compelled to incur any expenses, including reasonable attorneys' fees, in instituting and prosecuting any action or proceeding by reason of any default of Lessee under this Lease, the sum or sums so paid by Landlord with all interest, costs and damages shall be deemed to be Additional Rent under this Lease, and shall be due from Tenant to Landlord on the 5b day of the month following the incurring of such respective expenses. Page 3 Z:Gino's Ristorante/Lease 9-10-08 5. PERCENTAGE RENT: (a) In addition to the Minimum Rent to be paid by tenant pursuant to Section 4, Tenant shall pay to Landlord at the time and in the manner herein specified, as percentage rent, Simpercent 6% of gross sales (o defined below) in excess of $ 600,000.00 during eac ear for a total of 15 fifteen calendar years and any partial year falling within the term hereof. In the case of a partial calendar year falling at the beginning or at the end ti the term, the dollar amount specified in the preceding sentence shall be prorated. Each quarter or fraction thereof shall be considered as an independent accounting period for the purpose of computing the amount of percentage rent payable hereunder. Percentage rent due hereunder shall be paid ,quarterly. (i) From and after the time that percentage rentfirst becomes payable under the foregoing Paragraph (a) for a period that comprises each quarter of a calendar year, estimated payments toward percentage rent due hereunder shall be made by Tenant quarterly, paid by the 25s' day of each month following the end of the quarter. Each such monthly estimated payment shall be equal to one -twelfth (1/12) of the total percentage rent payable for the projected calendar year in which such estimated payment is to be made if, at the time any given monthly estimated payment is due. If the percentage rent payable for the preceding quarter has not yet been determined, then such estimated payment shall be in the same amount as the amount of the monthly estimated payments previously payable; when the percentage rent due for the prior quarter has been determined, Tenant shall immediately remit to Landlord any shortage in the monthly estimated payments theretofore made for the current quarter. (ii ) Within 10 days after the end of each quarter during the term hereof and within 30 days after the last day of the term of this Lease there shall be determined the aggregate gross sales during said calendar year or fraction thereof, as the case may be. If Tenant has paid to Landlord pursuant to the foregoing Paragraph (i) above the amount of the overpayment shall be applied to the next monthly estimated payment or payments toward percentage rent falling due hereunder (or if an overpayment exists with respect to a final period at the end of the term of this Lease, Landlord shall refund the same to Tenant). If Tenant has paid to landlord pursuant to the foregoing Paragraph (i) an amount less than Tenant is required to pay under said Paragraph (a), Tenant shall pay the deficiency to Landlord within the 30 day period mentioned at the outset of this Paragraph (ii). (iii) Audit: Tenant shall maintain, and shall cause each of its licensees, concessionaires, and subtenants and each other occupant or user of the Premises to maintain and to furnish to Tenant, full and complete records which, when taken together, will accurately show gross sales for each of the per which is relevant for purposes of the foregoing provisions. Tenant shall keep such records or cause such records to be kept available for inspection of at least four years following the end of the calendar year to which such records relate. Landlord or its authorized representative shall have the right at any reasonable time to audit inspect examine, and/or make copies of any or all of such records. Tenants shall submit his Idaho State Sales Tax Reports as a part of his reporting process. If any such inspection or audit by Landlord reveals a deficiency in the percentage rent theretofore paid under this Lease, Tenant shall immediately remit the amount thereof to Landlord. In addition, if said inspection or audit reveals that actual gross sales for any period exceeded those reported by Tenant therefore by one percent (1%) or more, Tenant shall promptly pay the cost of the inspection or audit and Landlord may, at its option, terminate this Lease upon five days notice. (b) Gross Sales: On or before the 15`s day of each calendar month during the term hereof and within 15 days after the end of the term of this Lease, Tenant shall submit to Landlord, at the place then fixed for the payment of rent, copies of your Idaho State Sales Tax Report signed by Tenant and certified by it (or if Tenant is a corporation, certified by a financial officer of Tenant) to be true and correct, showing in reasonable and accurate detail the amout n of gross sales for the preceding calendar month or fractional month. Within 30 days after the end of each calendar year during the term hereof and within 30 days after the last day of the term of this Lease, Tenant shall submit to Landlord, at the place then fixed for the payment of rent, copies of the Annual Idaho State Sales Tax Report, signed by Tenant and certified as aforesaid to be true and correct, showing in reasonable and accurate detail the aggregate gross sales for the preceding calendar year of fraction thereof, as the case may be. Each of the statements contemplated by this Paragraph (e) shall be in such form and style and shall contain such details and breakdown as Landlord may reasonably require. Page 4 Z:Gino's Ristorante/Lease 9-10-08 (i) The acceptance by Landlord of any sums paid as or toward percentage rent under this Lease shall not be an admission of the accuracy of any of the statements furnished pursuant to the foregoing Paragraph (e) of the sufficiency of the sum in question. Rather, Landlord shall be entitled, at anytime during the four years following the end of the calendar year to which any such statement or sum relates, to question the accuracy of any such statement and/or the sufficiency of any such sum. (ii) The term "gross sales" as used in this Lease shall include the entire gross receipts of every kind and nature from sales, services, and other transactions made in, upon, or from the Premises, whether upon credit or for cash, in every department operate in the Premises, whether operated by Tenant or by a subtenant or concessionaire, except in there from any refunds to customers and the amount of all sales tax receipts which is required to be accounted for by Tenant to any government or governmental agency. Sales or other transaction on credit shall be deemed cash transaction and shall be included in gross sales for the period during which the merchandise or service is delivered to the customer. All sales, services, or other transactions originating a the Premises shall be considered as made and completed in the Premises, even though bookkeeping and collection of the account may be transferred to another place and even though actual filling of the sales, service, or other order and actual delivery of the merchandise or services may be made from a place other than the Premises. All deliveries to customers made from the Premises, or prepared at the Premises, shall be considered to be made in and from the Premises even though orders may be taken elsewhere. (iii) During such time that percentage rents are in effect this Lease Tenant or any person, furan, or corporation which controls, is controlled by, or is under common control with tenant should own, operate, or be financially interested in any business similar to the one operated by Tenant in the Premises, and if such similar business is located or conducted anywhere within three miles from any outside boundary of the Retail Center, then the gross sales of such similar business shall be added to and included with the gross sales from the Premises for purposes of computing percentage rent payable under this Lease. This Paragraph (h) shall not, however, apply to any such similar business, which is being conducted as of the date of this Lease. 6. SECURITY DEPOSIT: By execution of this Lease, Lessor acknowledges receipt of Lessee's security deposit for the faithful performance of all terms, covenants and conditions of this Lease in the amount specified in the Basic Lease Provisions. Such security deposit shall be applied to the fust months rent. 7. USE AND OCCUPANCY: Lessee shall use and occupy the Premises for those uses stated on the "basic lease provisions" and for no other use or purpose without the prior written consent of Lessor. Lessee will not use or permit in the Premises anything that will increase the rate of fire insurance thereon or prevent Lessor's taking advantage of any Ruling of the Insurance Service's office of the state in which the Premises are located, or its successors, which would allow Lessor to obtain reduced rates for long term insurance policies, or maintain anything that may be dangerous to life or limb, or in any manner deface or injure the Building, or any portion thereof, or overload the floor, or permit any objectionable noise or odor to escape or be emitted from the Premises or permit anything to be done upon the Premises in any way tending to create a nuisance or disturb any other Lessees of the Building, or to injure the reputation of the Building or to use or permit the use of the Premises for lodging or sleeping purposes, or for any illegal purposes, and Lessee will comply, at Lessee's own cost and expense, with all orders, notices, regulations or requirements of any municipality, state or other governmental authority respecting the use of the Premises. 8. SERVICES AND UTILITIES: Lessor and Lessee shall pay for utilities as specified in the `Basic Lease Provisions." (a) Lessor shall not be in default hereunder or be liable for any damage, directly or indirectly, resulting from, nor shall the rental herein reserved be abated by reason of, (i) If the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing utilities and services; Page 5 0 • Z:Gino's Ristorante/Lease 9-10-08 (ii) Or the failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by acts of God or the elements, labor disputes of any character, any other accidents or other conditions beyond the reasonable control of Lessor (iii) Subject to the limitation, curtailment, rationing or restriction on use of water or electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or the Building. Furthermore, Lessor shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental agencies or utilities suppliers in reducing energy or other resource consumption. 9. ALTERATIONS AND ADDITIONS: Lessee shall make no alterations, additions or improvements to the Premises, or any part thereof (except improvements covered by the Improvement Work Agreement described in the Basic Lease Provisions), without the prior written consent of Lessor. All alterations, additions or improvements in, on or to the Premises, except for Lessee's movable furniture and equipment, shall immediately become Lessor's property and, at the end of the term, shall remain on the Premises without compensation to Lessee, except that absent a written agreement to the contrary, Lessor may require Lessee to remove such improvements, at Lessee's expense, at the end of the term of this Lease as further provided below. In the event Lessor consents to the making of any such alterations, additions or improvements by Lessee, the same shall be made by Lessee, at Lessee's sole cost and expense, in accordance with plans and specifications approved by Lessor, and any contractor or person selected by Lessee to make the same must first be approved in writing by Lessor. In Lessor's sole discretion Lessor may require, as a condition of Lessor's consent, the obtaining of a lien waiver for Lessee's contractor or the delivery to Lessor of a payment and performance bond acceptable to Lessor. Upon the expiration or sooner termination of the term as provided in this Lease, Lessee shall, upon demand by Lessor, at Lessee's sole cost and expense, forthwith and with all due diligence, remove any alterations, additions or improvements made for the account of Lessee designated by Lessor to be removed, and Lessee shall, with all due diligence, at Lessee's sole cost and expense, repair and restore the Premises to its original condition. If Lessee fails to remove such improvements with due diligence or restore the Premises with due diligence (as determined in Lessor's reasonable judgment), Lessor shall be entitled to perform such work itself and to charge Lessee therefore. Lessee shall reimburse Lessor immediately upon receipt of written demand from Lessor for the entire cost of such removal and or restoration. 10. REPAIR AND MAINTENANCE: Subject to the provisions of paragraph 11 below: (a) Lessee shall, at all times during the term hereof, at Lessee's sole cost and expense, keep the Premises, and every part thereof, in good order, condition and repair, reasonable wear and tear excepted. (b) Lessor may, at any time, either voluntarily or pursuant to governmental requirement, at Lessor's own expense, make repairs, alterations, or improvements in or to the Building, or any part thereof, including the Premises, and during such period of time Lessor may close entrances, doors, corridors, elevators or other facilities, all without any liability to Lessee for interference or annoyance, provided that Lessee shall have access to the Premises sufficient for the conduct of Lessee's business. 11. LIENS: Lessee shall keep the Premises and the Building free from any mechanic's liens arising out of any work performed, materials furnished or obligations incurred by Lessee and agrees to defend, indemnify and hold harmless Lessor from and against any such lien or claim or action thereon, together with costs of suit and reasonable attomey's fees incurred by Lessor on connection with any such claim or actions. 12. DAMAGE OR DESTRUCTION: (a) If the Premises are damaged by any casualty, the damage shall be repaired by, and at the expense of Lessor, provided such repair can, in Lessor's opinion, be made within six (6) months after notice to Lessor of the occurrence of such damage without the payment of overtime or other premiums and, except as set forth below, until such repairs are completed, the rental shall be abated in proportion to the part of the Premises which is unusable by Lessee in the conduct of its business. There shall be no abatement of rental by reason of any portion of the Premises being unusable for a period equal to one day or less. Page 6 Z:Gino's Ristorante/Lease 9-10-08 (b) If such repairs cannot in Lessor's opinion be made within such six (6) month period, Lessor, at its option, shall make them within a reasonable time and, in such event, this Lease shall continue in effect and the rental shall be abated in the manner and to the extent provided above. Lessor's election ll make such repairs must be evidenced l e written notice to Lessee within 60 days after notice to Lessor of the occurrence of the damage, advising Lessee whether or not Lessor will make such repairs and estimating the time for completing the same. If Lessor does not so elect to make such repairs, which cannot be made within such one-year period, then either party may, by written notice to the other, cancel this Lease as of the date of the occurrence of such damage. (c) In case of any damage or destruction mentioned in this paragraph, which Lessor is required or undertakes to repair as provided herein, Lessee may terminate this Lease by notice to Lessor at any time prior to completion of the required repairs if Lessor has not restored and rebuilt the Premises (exclusive of any property of Lessee or improvements installed by Lessee located therein) to substantially the same condition as existing immediately prior to such damage or destruction within six (6) months after notice to Lessor of the occurrence of such damage or destruction or such longer period as Lessor has estimated pursuant to subparagraph (b) above, plus such additional period thereafter (not exceeding six months) as shall equal the aggregate period Lessor may have been delayed due to causes beyond Lessor's control, including, but not limited to acts of God, strikes, lockouts and labor disturbances, unavailability of materials, acts of civil or military authorities, restrictions by municipal authorities, restrictions by municipal ordinances or federal or state statutes and military activity. (d) No damages, compensation or claims shall be payable by Lessor for inconvenience, loss of business or annoyance arising from any repair or restoration of any portion of the Premises or other portion of the Building. Lessor shall use its best efforts to effect such repair or restoration promptly and in such manner as not unreasonably to interfere with Lessee's use and occupancy. (e) Lessor shall not be required to carry insurance of any kind on Lessee's property and except by reason of the breach by Lessor of any of its obligations hereunder (subject to the provisions of paragraph 19 below), shall not be obligated to repair any damage thereto or replace the same. (f) A total destruction of the Building shall automatically terminate this Lease. 13. EMINENT DOMAIN: (a) If the whole of the Premises or so much thereof as to render the balance unusable by Lessee shall be taken under power of eminent domain this Lease shall automatically terminate as of the date of such condemnation or as of the date possession is taken by the condemning authority, whichever is earlier. No award for any partial or entire taking shall be apportioned, and Lessee hereby assigns to Lessor any award which may be made in such taking or condemnation, together with any and all rights of Lessee now or hereafter arising in and to the same or any part thereof, provided however that nothing contained herein shall be deemed to give Lessor any interest in or to require Lessee to assign to Lessor any award made to Lessee for the taking of personal property and fixtures belonging to Lessee and/or for the interruption of or damage to Lessee's business and/or for Lessee's unamortized costs of leasehold improvements. (b) In the event of a partial taking which does not result in a termination of this Lease, rental shall be abated in proportion to the part of the Premises so made unusable by Lessee. (c) No temporary taking of the Premises and/or of Lessee's rights therein or under this Lease shall terminate this Lease or give Lessee any right to any abatement of rental hereunder; any award made to Lessee by reason of such temporary taking shall belong entirely to Lessee, and Lessor shall not be entitled to share therein. Page 7 Z:Gino's Ristorante/Lease 9-10-08 14. HAZARDOUS SUBSTANCES: (a) Reportable Uses Require Consent. The term ,Hazardous Substance" as used in this Lease shall mean any product, substance, chemical, material or waste whose presence, nature, quantity and/or intensity of existence, use, manufacture, disposal, transportation, spill, release or effect, either by itself or in combination with other materials expected to be on the premises, is either (i) potentially injurious to the public health, safety or welfare, the environment or the Premises, (ii) regulated or monitored by any governmental authority or (iii) a basis for liability of Lessor to any governmental agency or third party under any applicable statue or common law theory. Hazardous Substance shall include, but not be limited to, hydrocarbons, petroleum, gasoline, crude oil, or any products, by-products or fractions thereof. Lessee shall not engage in any activity in, on or about the Premises which constitutes a Reportable Use (as hereinafter defined) of Hazardous Substances without the express prior written consent of Lessor and compliance in a timely manner (at Lessee's sole cost and expense) with all Applicable Law (as defined in Parasrauh 13D). "Reportable Use" shall mean (a) the installation or use of an above or below ground storage tank and (b) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from or with respect to which a report, notice, registration or business plan is required to be filed with any governmental authority. Reportable Use shall also include Lessee's being responsible for the presence in, on, or about the Premises of a Hazardous Substance with respect to which any Applicable Law requires that a notice be given to persons entering or occupying the Premises or neighboring properties. Notwithstanding the foregoing, Lessee may, with Lessor's prior consent, but in compliance with all Applicable Law, use any ordinary and customary materials reasonably required to be used by Lessee in the normal course of Lessee's business permitted on the Premises, so long as such use is not a Reportable Use and does not expose the Premises or neighboring properties to any meaningful risk of contamination or damage or expose Lessor to any liability therefore; provided however, that concurrently with the execution and delivery of this Lease, Lessee shall provide to Lessor (i) a detailed list and description of all Hazardous Substances that will, or are expected to, be used or stored in, on or around the Premises and (ii) written procedures that Lessee will use in handling, storing, using and disposing of the substances described in the foregoing clause (i). in addition, Lessor may (but without any obligation to do so) condition its consent to the use or presence of any Hazardous Substance, activity or storage tank by Lessee upon Lessee's giving Lessor such additional assurances as Lessor, in its reasonable discretion, deems necessary to protect itself, the public, the Premises and environment against damage, contamination or injury and/or liability there from or therefore, including, but not limited to, the installation (and removal on or before the Lease expiration or earlier termination) of reasonably necessary protective modifications to the Premises (such as concrete encasements) and/or the deposit of an additional security deposit. (b) Duty to Inform Lessor. If Lessee knows, or has reasonable cause to believe, that a Hazardous Substance, or a condition involving or resulting from same, has come to be located in, on, under or about the Premises, other that as previously consented to by Lessor, Lessee shall immediately give written notice of such fact to Lessor. Lessee shall also immediately give Lessor a copy of any statement, report, notice, registration, application, permit, business plan, license, claim, action or proceeding given to or received from, any governmental authority or private party, or persons entering or occupying the Premises, concerning the presence, spill, release, discharge of, or exposure to any Hazardous Substance or contamination in, on, or about the Premises, including but not limited to all such documents as may be involved in any Reportable Uses involving the Premises. (c) Indemnification. Lessee shall indemnify, protect, defend and hold Lessor, its agents, employees, lenders and ground Lessor, if any, and the Premises, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, costs, claims, liens, expenses, penalties, permits and attorney's and consultant's fees arising out of or involving any Hazardous Substance or storage tank brought onto the Premises by or for Lessee or under Lessee's control. Lessee's obligations under this paragraph 13C shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Lessee, and the cost of investigation (including consultants' and attorneys' fees and testing), removal, remediation, restoration, and/or abatement thereof, or of any contamination therein involved, and shall survive the expiration or earlier termination of this Lease. No termination, cancellation or release agreement entered into by Lessor and Lessee shall release Lessee from its obligations under this lease with respect to Hazardous Substances or storage tanks, unless specifically so agreed by Lessor in writing at the time of such agreement Page 8 Z:Gino's Ristorante/Lease 9-10-08 (d) Lessee's Compliance with Law. Except as otherwise provided in this Lease, Lessee shall, at Lessee's sole cost and expense, fully, diligently and in a timely manner, comply with all "Anplicable Law," such term is used in this Lease to include all laws, Hiles, regulations, ordinances, directives, covenants, easements and restrictions of record, Permits, the requirements of any applicable fire insurance underwriter or rating bureau, and the recommendations of Lessor's engineers and/or consultantsrelating in any manner to the premises (including, but not limited to, matters pertaining to (i) industrial hygiene, (ii) environmental conditions on, in, under or about the Premises, including soil and groundwater conditions, and (iii) the use, generation, manufacture, production, installation, maintenance, removal, transportation, storage, spill or release of any Hazardous Substance or storage tank) now in effect or which may hereafter come into effect, and whether or not reflecting a change in policy from any previously existingpolicy. Lessee shall, within five (5) days after receipt of Lessor's written request, provide Lessor with copies of all documents and information, including, but not limited to, permits, registrations, manifests, applications, reports and certificates, evidencing Lessee's compliance with any Applicable Law specified by Lessor and shall immediate) notify Lessor in writing (with copies of any documents involved) of any threatened or actual cl ' y upon receipt, warning, complaint or report aim, notice, citation, ep pertaining to or involving failure by Lessee or the Premises to comply with any Applicable Law. (e) Inspection; Compliance. Lessor, and its attorneys and consultants, shall have the right to enter the Premises at any time in the case of an emergency, and otherwise at reasonable times, for the purpose of inspecting the condition of the Premises and for verifying compliance by Lessee with: this Lease and all Applicable Laws. Lessor shall have the right to employ attorneys and consultants in connection with any such inspection and/or to advise Lessor with respect to Lessee's activities, including but not limited to the installation, operation, use, monitoring, maintenance, or removal of any Hazardous Substance or storage tank on or from the Premises. The costs and expenses of any such inspections shall be paid by the party requesting same; provided however, that if: (a) Lessee is in default or breach of this Lease, (b) Lessee is in violation of Applicable Law or (c) a contamination on the Premises, causes or materially contributed to by Lessee is found to exist or be imminent, or the foregoing inspection is requested or ordered by a governmental authority as the result of any such existing or imminent violation or contamination, than Lessee shall, upon request, reimburse Lessor or Lessor's lender(s), as the case may be, for the costs and expenses of such inspections. 15. TAXES ON LESSEE'S PROPERTY: (a) Lessee shall be liable for and pay not later than ten days before delinquency, all taxes levied against any personal property or trade fixtures placed by Lessee in or about the Premises. If any such taxes on Lessee's personal Property or trade fixtures are levied against Lessor or Lessor's property and if Lessor, after written notice to Lessee pays the same, which Lessor shall have the right to do regardless of the validity of any such levy, but only under proper protest if requested by Lessee, or if the assessed value of Lessor's property is increased by inclusion therein of a value placed upon such personal property or trade fixtures of Lessee and if Lessor, after written notice to Lessee, pays the taxes based on such increased assessment, which Lessor shall have the right to do regardless of the validity thereof, but only under proper protest if requested by Lessee. Lessee shall, upon demand, as the case may be, repay to Lessor the taxes so levied against Lessor, or the proportion of such taxes resulting from such increase in the assessment, provided that in any such event Lessee shall have the right, in the name of Lessor and with Lessor's full cooperation, but at no cost to Lessor, to bring suit in any court of competent jurisdiction to recover the amount of such taxes so paid under protest, any amount so recovered to belong to Lessee. (b) If Lessee's improvements in the premises, whether installed and/or paid for by Lessor or Lessee and whether or not affixed to the real property so as to become a part thereof, are assessed for Real Property Tax purposes at a valuation higher than the value at which Lessee's improvements conforming to Lessor's "Building Standard" and other space in the Building are assessed, then the Real Property Taxes and assessments levied against Lessor or Lessor's property by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Lessee and shall be governed by the provisions of subparagraph (a) above. 16. ENTRY AND INSPECTION: Lessor reserves and, at all reasonable times during normal business hours and at any time in case of emergency, shall have the right to enter the Premises: Page 9 • Z:Gino's Ristorante/Lease 9-10-08 (a) For the purpose of inspecting the same or for the purpose of protecting the interests therein of Lessor; and (b) To take all required materials and equipment to the Premises and perform all required work therein, including the erection of scaffolding, props and other mechanical devices for the purpose of making alterations, repairs or additions to the Premises or to such other portion of the Building in which the Premises are situated as may be provided for in this Lease or as may be mutually agreed upon by the parties or as Lessor may be required to make by law or for maintaining any service provided by Lessor to Lessee hereunder, including window cleaning and janitorial service, without any rebate of rental to Lessee for any loss of occupancy or quiet enjoyment of the Premises or damage, injury or inconvenience thereby occasioned. Lessor shall also have the right to enter and/or pass through the Premises, or any part thereof, at reasonable times during normal business hours to show the Premises to holders of encumbrances on the interest of Lessor under the Lease or prospective purchasers, mortgagees or lessees of the Building and during the period of six months prior to the expiration date of this Lease, Lessor may exhibit the Premises to prospective Lessees. Lessor shall also have the right to enter on and/or pass through the Premises, or any part thereof, at such times as such entries shall be required by circumstances of emergency affecting the Premises or any other portion of the Building. If during the last month of the term hereof, Lessee shall have removed substantially all of Lessee's property and personnel from the Premises, Lessor may enter the Premises and repair, alter and redecorate the same, without abatement of rental and without liability to Lessee, and such acts shall have no effect on this Lease. 17. NO LIGHT, AIR OR VIEW EASEMENT: Any diminution or shutting off of light, air or view by any structure which may be erected on lands adjacent to the Building or otherwise shall in no way affect this Lease or impose any liability on Lessor. 18. INDEMNIFICATION: (a) Lessor shall not be liable to Lessee for any injury or damage to any person or property in or about the Premises by or from any cause whatsoever, except as such is caused solely by Lessor's gross negligence or willful misconduct and, without limiting the generality of the foregoing, whether caused by water leakage of any character from the roof, walls, basement or other portion of the Premises of the Building or otherwise any material part of the consideration to Lessor for this Lease. Lessee hereby assumes all risk of such injury or damage and hereby waives all claims in respect against Lessor. Lessor shall not be responsible for any property of Lessee or of any employee, guest, agent or invitee of Lessee that is stolen from the Premises or the Building or otherwise disappears or is lost. (b) Lessee shall indemnify, defend and hold Lessor harmless from and against any and all claims or liability for any injury or damage to any personal property whatsoever, either occurring in, on, or about the Premises, or any part thereof, or occurring in, on, or about the facilities (including, without prejudice to the generality of the term "facilities", elevators, stairways, passageways or hallways), the use of which, Lessee may have in conjunction with other Lessees of the Building, when such injury or damage shall be caused in part or in whole by the act, neglect, fault of or omission of any duty with respect to the same by Lessee, its agents, servants, guests or invitees. (c) Lessee agrees to indemnify, hold harmless and defend Lessor against and from any and all claims by and on behalf of any person, firm or corporation, arising from the conduct or management of any work or anything whatsoever done by Lessee in or about or from transactions of Lessee concerning the Premises, and will further indemnify, hold harmless and defend Lessor against and from any and all claims arising from any breach or default on the part of Lessee in the performance of any covenant, condition or agreement on the part of Lessee to be performed pursuant to the terms of this Lease or arising from any act or negligence of Lessee or any of its agents, contractors, servants, employees or licensees and from and against all attorney's fees, investigation costs and other reasonable costs and expenses incurred by Lessor from the first notice that any claim or demand is to be made or may be made. Furthermore, in case action or proceeding be brought against Lessor by reason of any such claim or liability, Lessee agrees to defend any such action or proceeding, at Lessee's sole cost and expense, by counsel reasonably satisfactory to Lessor. The provisions of this paragraph 17 shall survive the expiration or termination of this Lease with respect to any claim or liability arising out of any occurrence prior to such expiration or termination. Page 10 0 • Z:Gino's Ristorante/Lease 9-10-08 19. WAIVER OF SUBROGATION: It is agreed by Lessor and Lessee that each party hereby releases the other from any and all liability from or to the other party of any kind and nature which may result in the perils of fire, lightning or extended coverage, which either originates, occurs or causes damage on the Premises herein described, such waiver to include situations where the negligence of one of the parties hereto or its agent, servant or representative causes or contributes to the occurrence or the result of damage. Each party agrees to furnish appropriate subrogation waiver endorsements of their respective fire insurance companies. Lessor and Lessee shall each indemnify the other against any loss or expense, including reasonable attorney's fees resulting from failure to obtain such waiver. 20. INSURANCE: Lessee agrees to purchase, at Lessee's own expense, and to keep enforced during the term of this Lease policies of workmen's compensation and comprehensive general liability insurance, including personal injury and property damage, in the amounts specified in the Basic Lease Provisions. Each such policy shall name Lessor as an additional named insured and insure Lessor's contingent liability under this Lease, be issued by an insurance company which is reasonably acceptable to Lessor and licensed to do business in the state in which the Premises are located and shall contain a provision requiring ten days written notice from the insurance company to Lessor prior to reduction or cancellation. Each policy or certificate thereof shall be delivered to Lessor by Lessee on the Commencement Date of this Lease and upon each renewal of said insurance. 21. RELOCATION: If the Rentable Area as defined in the Basic Lease Provisions, is less than 1,000 square feet, Lessor shall have the right, at Lessor's option, upon at least 30 days written notice to Lessee, to relocate Lessee and to substitute for the Premises other space in the Building containing improvements at least equal in quality and quantity to those of the original Premises. Lessor shall pay the expenses reasonably incurred by Lessee in connection with such substitution of Premises, including costs of moving, door lettering, telephone relocation and reasonable quantities of new stationery. 22. DEFAULT AND REMEDIES: (a) The occurrence of any of the following shall constitute a default and material breach of this Lease by Lessee; (i) The failure by Lessee to pay rental or make any other payment required to be made by Lessee hereunder as and when due. (ii) The abandonment or vacation of the Premises by Lessee. (iii) The failure by Lessee to observe or perform any other provision of this Lease. (iv) The making by Lessee of any general assignment for the benefit of creditors, the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt or a petition for reorganization or realignment under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee, the same is dismissed within 30 days), the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interests in this Lease, where possession is not restored to Lessee within 30 days, or the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where such seizure is not discharged within 30 days. (b) In the event of any such default by Lessee, then, in addition to any other remedies available to Lessor at law or in equity, Lessor shall have the immediate option to terminate this Lease and all rights of Lessee hereunder by giving Lessee written notice of such election to terminate. In the event that Lessor shall elect to so terminate this Lease, then Lessor may recover from Lessee: (i) The worth at the time of award of any unpaid rental which had been earned at the time of such termination: plus Page 11 Z:Gino's Ristorante/Lease 9-10-08 (ii) The worth at the time of award of the amount by which the unpaid rental which would have been earned after termination until the time of award exceeds the amount of such rental loss Lessee proves could have been reasonably avoided: plus (iii) The worth at the time of award of the amount by which the unpaid rental for the balance of the term after the time of award exceeds the amount of such rental loss that Lessee proves could be reasonably avoided: plus (iv) Any other amount necessary to compensate Lessor for all the detriment approximately caused by Lessee's failure to perform Lessee's obligation under this Lease or which in the ordinary course of things would be likely to result there from, including but not limited to, attorney's fees, advertising fees and brokerage fees, repairs, renovations, remodeling, recordation and alterations to the Premises; and (v) At Lessor's election, such other amount, in addition to or in lieu of the foregoing, as may be permitted, from time to time, by applicable law. (c) The term "rental" as used herein shall be deemed to be and to mean the Annual Rental as defined in the Basic Lease Provisions and all such other sums required to be paid by Lessee pursuant to the terms of this Lease. (d) As used in subparagraphs (b)(i) and (b)(H) above, the "worth at the time of award" is computed by allowing interest at the rate of 10% per annum. As used in subparagraph (b)(iii) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award, plus 1%. (e) In the event of any such default by Lessee and termination of this Lease by Lessor, Lessor shall have the right to re-enter the Premises and remove all persons and property from the Premises. M In the event of the breach of this Lease and abandonment of the Premises by Lessee, then, if Lessor does not elect to terminate this Lease as provided in subparagraph (b) above, Lessor may, from time to time, without terminating this Lease, enforce all of Lessor's rights and remedies under this Lease, including the right to recover rental as it becomes due. (g) In the event of the material and undisputed default of Lessee hereunder, Lessor shall have the right, at Lessor's option, to suspend or discontinue the services specified in paragraph ('n above, or any part thereof, during the continuation of any such default and any such suspension or discontinuation shall not be deemed or construed to be an eviction or rejection of Lessee. 23. ARBITRATION. Any controversy that shall arise between the Landlord and Tenant, relating to this contract or the breach thereof, of either party shall be settled by arbitration in accordance with the rules of the American Arbitration Association under its Arbitration Rules of the Real Estate Industry. Such arbitration shall be before one disinterested arbitrator and shall be held in Ada County, State of Idaho. The arbitrator shall determine the controversy in accordance with the laws of the State of Idaho and the award rendered by the arbitrator shall be final and judgment may be entered upon such finding in any court of competent jurisdiction. The Tenant and Landlord shall share equally in the expense of such arbitration (arbitrator) but each shall pay their own attorney fees and other personal fees incurred. 24. SURRENDER OF PREMISES: Page 12 0 0 Z:Gino's Ristorante/Lease 9-10-08 (a) The voluntary or other surrender of this Lease by Lessee to Lessor, or a mutual termination thereof, shall not work as a merger and shall at the option of Lessor, operate as an assignment of any or all subleases or subtenancies affecting the Premises. (b) Upon the expiration of the term of this Lease, or upon any earlier termination of this Lease, Lessee shall quit and surrender possession of the Premises to Lessor in as good order and condition as the same are now or hereafter may be improved by Lessor or Lessee, reasonable wear and tear and repairs, which are Lessor's obligation, excepted, and shall, without expense to Lessor, remove or cause to be removed from the Premises all debris and rubbish, all furniture, equipment, business and trade fixtures, free-standing cabinet work, partitioning and other articles of personal property owned by Lessee or installed or placed by Lessee, at its expense, in the Premises (exclusive of any items described in subparagraph (d) below) and all similar articles of any other persons claiming under Lessee unless Lessor exercises its option to have any subleases or subtenancies assigned to it and Lessee shall repair all damages to the Premises resulting from such removal. (c) Whenever Lessor shall re-enter the Premises as provided in Paragraph 22 hereof, or as otherwise provided in this Lease, any property of Lessee not removed by Lessee upon expiration of the term of this Lease (or within 48 hours after a termination by reason of Lessee's default), as provided in this Lease, shall be considered abandoned and Lessor may remove any or all such items and dispose of the same in any manner in accordance with applicable Law, or store the same in a public warehouse or elsewhere for the account and at the expense and risk of Lessee and if Lessee shall fail to pay the costs of storing any such property after it has been stored for a period of ninety (90) days or more, Lessor may sell any and all such property at public or private sale, in such manner and at such times and places as Lessor, in its sole discretion, may deem proper, without notice or demand upon Lessee, for the payment of all or any part of such charges or the removal of any such property and shall apply the proceeds of such sale: First, to the cost and expenses of such sale, including reasonable attorney's fees actually incurred; Second, to the payment of the cost of or charges for storing any such property; Third, to the payment of any other sums of money which may then or thereafter be due Lessor from Lessee under any of the terms hereof; and Fourth, the balance, if any to Lessee. (d) All fixtures, equipment, operations, improvements and/or appurtenances attached to or built into the Premises prior to or during the term of this Lease, whether by Lessor at its expense or at the expense of Lessee or both, shall be and remain a part of the Premises and shall not be removed by Lessee at the end of the term unless otherwise expressly provided for in this Lease or unless such removal is required by Lessor pursuant to the provisions of paragraph 9 above. Such fixtures, equipment, alterations, additions, improvements and/or appurtenances shall include, but not be limited to: all floor coverings, drapes, paneling, molding, doors, vaults (exclusive of vault doors), plumbing systems, electrical systems, lighting systems, silencing equipment, communications systems, all fixtures and outlets for the systems mentioned above and for all telephone, radio, telegraph and television purposes and any special flooring or ceiling installations. (e) Lessee shall, at least ninety (90) days before the last day of the term hereof, give to Lessor a written notice of intention to surrender the Premises on that date, but nothing contained herein shall be construed as an extension of the term hereof or as consent of Lessor to any holding over by Lessee. 25. WAIVER OF DAMAGES FOR RE-ENTRY: Lessee hereby waives all claims for damages that may be caused buy Lessor's re-entering and taking possession of the Premises or removing and storing the property o Lessee as herein provided, and Lessee shall save Lessor harmless thereby and no such re-entry shall be considered or construed to be a forcible entry. 26. HOLDING OVER: If Lessee shall hold over after the expiration of the term of this Lease and shall not have agreed in writing with Lessor upon the terms and provisions of a new lease prior to such expiration, Lessee shall remain bound by all the terms, covenants and agreements hereof, except that the tenancy shall be from month to month. Nothing contained in this paragraph shall be construed as consent by Lessor to any holding over by Lessee, and Lessor expressly reserves the right to require Lessee to surrender possession of the Premises to Lessor as Page 13 • Z:Gino's Ristorante/Lease 9-10-08 Provided in paragraph 21 above forthwith upon the expiration of the term of this Lease or other termination of this Lease. 27. ASSIGNMENT AND SUBLETTING: (a) Except as expressly permitted pursuant to this paragraph, Lessee shall not, without the prior written consent of Lessor, which shall not be unreasonably withheld, assign, hypothecate, encumber or otherwise transfer by operation of law or otherwise this Lease or any interest herein or sublet the Premises, or any parts thereof, or permit the use of the Premises by any party, other than Lessee. Any of the foregoing acts without use prior written consent shall be void and shall, at the option of Lessor terminate this Lease. (b) Lessee shall, by written notice, advise Lessor of its desire from and after a stated date (which shall not be less than fifteen (15) days nor more than ninety (90) days after the date of Lessee's notice) to assign this Lease or to sublet the Premises, or any portion thereof, for any part of the term hereof. Lessor shall have the right, to be exercised by giving notice to Lessee fourteen (14) days after receipt of Lessee's notice, to terminate this Lease as to the portion of the Premises described in Lessee's notice, effective as of the date stated in Lessee's notice. Said notice by Lessee shall state the name and address of the proposed Sublessee, and Lessee shall deliver to Lessor a true and complete copy of the proposed Sublease with the notice. If this Lease terminates pursuant to the foregoing with respect to less than all of the Premises, the rental shall be adjusted on a prorated basis to the number of square feet retained by Lessee and this Lease, as so amended, shall continue thereafter in full force and effect. If Lessor does not exercise its option to terminate, Lessor will not unreasonably withhold its consent to Lessee subletting the Premises. (c) Notwithstanding the provisions of subparagraphs (a) and (b) above. Lessee may assign, lease or sublet the Premises, or any portion thereof to any corporation which controls, is controlled by or is under common control with Lessee or to any corporation resulting from the merger or consolidation with Lessee or to any person or entity which acquires all of the assets of Lessee as going concern of the business that is being conducted on the Premises, provided that said assignee assumes in full the obligation of Lessee under this Lease. (d) Regardless of Lessor's consent, no subletting or assignment shall release Lessee of Lessee's obligation or alter the primary liability of Lessee to pay the rental and to perform all other obligations to be performed by Lessee under this Lease. The acceptance of rental by Lessor from any other person shall not be deemed a waiver by Lessor of any provision of this Lease. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. In the event of default by an assignee of Lessee or any successor of Lessee in the performance of any of the terms of this Lease, Lessor may proceed directly against Lessee, without the necessity of exhausting remedies against said assignee or successor. Lessor may consent to subsequent assignments or subletting of this Lease or amendments or modifications of this Lease with assignees of Lessee, without notifying Lessee, or any successor of Lessee, without obtaining its or their consent thereto, and such action shall not relieve Lessee liability under this Lease. 28. RIGHT OF LESSOR TO PERFORM: All covenants and agreements to be performed by Lessee under any of the terms of this Lease shall be performed by Lessee, at Lessee's sole cost and expense and without any abatement of rental. If Lessee fails to pay any sum of money, other than rental, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue for ten (10) days after notice by Lessor, Lessor may, but shall not be obligated to do so, and without waiving or releasing Lessee from any obligations of the Lease, make any such payment or perform any such act on Lessee's part to be made or performed as provided in this Lease. All sums so paid by Lessor and all necessary incidental costs, together with interest thereon at the maximum rate permitted by law from the date of such payment by Lessor, shall be payable by Lessee as additional rental to Lessor on demand, and Lessee covenants to pay any such sums and Lessor shall have, in addition to all other right or remedy of Lessor, the same rights and remedies in the event of the nonpayment thereof by Lessee as in the case of default by Lessee in the payment of rental. 29. AUTHORITY OF LESSEE: If Lessee is a corporation, each of the individuals executing this Lease on behalf of Lessee does hereby covenant and warrant that Lessee is a duly authorized and existing corporation, that Lessee has and is qualified to do business in the state in which the Building is located, that the corporation has full right and Page 14 0 i Z:Gino's Ristorante/Lease 9-10-08 authority to enter into this Lease and that each and all of the individuals signing on behalf of the corporation are authorized to do so. Upon Lessor's request, Lessee shall provide Lessor with evidence reasonably satisfactory to Lessor confirming the foregoing covenants and warranties. 30. SUBORDINATION: Lessee agrees that this Lease shall be subject and subordinate to any first mortgage, trust deed or like encumbrance heretofore or hereafter placed by Lessor or its successors in interest upon its interest the Premises to secure the payment of monies loaned, interest thereon and other obligations. Lessee agrees to execute and deliver, upon demand of Lessor, any and all reasonable instruments desired by Lessor subordinating in the manner requested by Lessor to such mortgage, trust deed or like encumbrance. The subordination of this Lease to any such mortgage, trust deed or like encumbrance shall, however, be subject to the condition that in the event of the sale of the real property of which the Premises are a part upon foreclosure or upon the exercise of a power of sale, Lessee will, upon written request of the purchaser, attorn to the purchaser and recognize the purchaser as Lessor under this Lease. 31. ESTOPPEL CERTIFICATE: (a) At any time, but on not less than ten days written notice from Lessor, Lessee will execute, acknowledge and deliver to Lessor a Certificate certifying: (i) That this Lease is unmodified and in full force and effect (or, it there have been modifications, that this Lease is in full force and effect, as modified, and stating the date and nature of each modification); (ii) The date to which rental and other sums payable hereunder have been paid; (iii) That no notice has been received by Lessee of any default which has not been cured, except as to defaults specified in said Certificate; and (iv) Such other matters as may be reasonably requested by Lessor or any lender or buyer of the land underlying the Building. Any such Certificate may be relied upon by any prospective purchaser, mortgagee or beneficiary under any trust deed of the Building, or any part thereof. (b) If Lessee shall fail to respond within ten days of receipt by Lessee of a written request by Lessor as herein provided, Lessee shall be deemed to have given such certificate as above provided, without modification, and shall be deemed to have admitted the accuracy of any information supplied by Lessor to a prospective purchaser or mortgagee and that this Lease is in full force and effect, that there are not uncured defaults in Lessor's performance, that the Security Deposit is as stated in the Basic Lease Provisions and that not more than one month's monthly Minimum Rent has been paid in advance. 32. BROKERS: The parties recognize as the broker(s) who procured this Lease the firm(s) specified in the Basic Lease Provisions and agree that Lessor shall be solely responsible for the payment of the brokerage commission to said broker(s) and that Lessee shall have no responsibility therefore unless written provision to the contrary has been made a part of this Lease. If Lessee has dealt with any other person or real estate broker in respect to leasing or renting space in the Building, Lessee shall be solely responsible for the payment of any such fee due said person or firm and Lessee shall hold Lessor free and harmless against any liability in respect thereto. 33. RULES AND REGULATIONS: Lessee shall observe and comply with flee rules and regulations annexed to this Lease as Exhibit "B" and all reasonable modifications thereto and additions thereto, from time to time, put in effect by Lessor. Lessor shall not be responsible for the nonperformance by any other Lessee or occupant of the Building of any of said Rules and regulations. 34. LESSOR'S LIABILITY: Anything in this Lease to the contrary notwithstanding, covenants, undertakings and agreements herein made on the part of Lessor are made and intended not as personal covenants, undertakings and agreements or for the purpose of binding Lessor personally or the assets of Lessor, except Lessor's interest in the Premises and Building, but are made and intended for the purpose of binding only Lessor's interest in the Premises Page 15 Z:Gino's Ristorante/Lease 9-10-08 and Building, as the same may, from time to time, be encumbered. No personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforced against Lessor, Lessor's partners or their respective heirs, legal representatives, successors and assigns on account of the Lease orin account of any covenant, undertaking or agreement of Lessor in this Lessor in this Lease contained. 35. GENERAL PROVISIONS: (a) Complete Agreement. There are no oral agreements between Lessor and Lessee affecting this Lease, and this Lease may not be modified, except by written instrument by the parties or their successors in interest. This Lease supersedes and cancels any and all previous negotiations, arrangements, brochures, agreements and other statements, if any, between Lessor and Lessee or displayed by Lessor to Lessee with respect to the subject matter of this Lease is fully upon such representation. Submission of this instrument for examination or signature by Lessee does not constitute a reservation of or option for the Lease and this instrument is not effective as a Lease or otherwise until execution and delivery by both Lessor and Lessee. (b) Exhibits. Exhibits attached hereto shall be initialed by Lessor and Lessee and are incorporated herein and made a part of this Lease. (c) Recordation. Neither Lessor nor Lessee shall record this Lease without the prior consent of the other party. (d) Waiver. If either Lessor or Lessee waives the performance of any term, covenant or condition contained in this Lease, such waiver shall not be deemed a waiver of any subsequent breach of the same or any other term, covenant or condition contained in this Lease. Furthermore, acceptance of rental by Lessor shall not constitute a waiver of any preceding breach by Lessee of any term, covenant or condition of this Lease, regardless of Lessor's knowledge of such preceding breach at the time of Lessor's acceptance of such rental. Failure by Lessor or Lessee to enforce any of the terms covenants or conditions of this Lease for any length of time shall not be deemed a waiver or to decrease the right of Lessor or Lesser to insist thereafter upon the strict performance by the party violating any of the terms, covenants or conditions of this Lease. Waiver by Lessor or Lessee of any item, covenant or condition contained in this Lease may only be made by an original written document signed by the waiving party. (e) Time. Time is of the essence of this Lease (f) Severability. If any term or provision of this Lease, the deletion of which would not adversely affect the receipt of any material benefit by either party hereunder, shall be held to be invalid or unenforceable to any extent, the remainder of this Lease shall not be affected thereby and each term and provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. (g) Notices. All notices, consents and demands which may or are required to be given by either party to the other party pursuant to the terms of this Lease shall be in writing. All notices, consents and demands shall be sent by United States certified or registered mail, postage prepaid, and addressed to Lessor or Lessee at the address respectively specified in the Basic Lease Provisions or such other place as Lessor or Lessee may, from time to time, designate in a notice to the other or, in the case of Lessee, delivery to Lessee at the Premises. Lessee hereby appoints as its agent to receive the service of all dispository or distraint proceedings and notices thereunder the person in charge of or occupying the Premises at the time, and, if no person shall be in charge of or occupying the same, then such service may be made by attaching the same on the main entrance of the Premises. (h) Inability to Perform. This Lease and the obligations of Lessee under this Lease shall not be affected or impaired because Lessor is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delays cause by reason of any labor dispute, strike, lockout, civil commotion or like operation, invasion, rebellion, hostilities, military or usurped power, sabotage, governmental regulation or controls, inability to obtain labor, services or materials or through act of God or causes beyond the reasonable control of Lessor, provided such cause is not due to the willful act or neglect of Lessor. Page 16 0 0 Z:Gino's Ristorante/Lease 9-10-08 (i) Joint and Several Liability, If there be more than one Lessee, the obligations hereunder imposed upon Lessee shall be joint and several. (j) Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive, but shall, whenever possible, be cumulative with all other remedies at law or in equity. (k) Law Governing. This Lease shall be governed by the laws of the state in which the premises are located. (1) Successors and Assigns, Subject to the provisions of paragraph 26 above, the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, executors, administrators and assigns of the parties. (m) Costs of Suit. Should Lessor, without fault on Lessor's part, be made a party to any litigation instituted by Lessee or by any third party against Lessee, or by or against any person holding under or using the Premises by license of Lessee, or for the foreclosure of any lien for labor or material furnished to or for Lessee or any such person, or otherwise arising out of or resulting from any act or transaction of Lessee or of any such other person, Lessee covenants to save and hold Lessor harmless from any judgment rendered against Lessor or the Premises, or any part thereof, and all costs and expenses, including reasonable attorney's fees, incurred by Lessor in or in connection with such litigation. (n) Sale. In the event that the original Lessor or any successor in interest of Lessor in the Premises shall sell or convey the Premises, all liabilities and obligations on the part of the original Lessor or such successor under this Lease occurring thereafter shall terminate and thereupon all such liabilities and obligations shall be binding upon the new owner. (o) Transfer of Security. Lessor shall transfer or deliver any security given by Lessee to secure the faithful performance of any of the covenants of this Lease to the purchaser or successor of Lessor's interest in the Premises, and, thereupon, Lessor shall be discharged from any further liability in reference thereto. (p) Construction. The titles or captions in this Lease are for reference purposes only and have no effect upon the construction or interpretation of any part of this Lease. The use of the singular includes the plural and vice versa, and the use of the neuter gender includes the masculine and the feminine and vice versa, wherever and whenever the context so requires. (q) Signage. All signs designating Lessee's name and type of business shall be approved by Lessor, which approval shall not be unreasonably withheld. The signs will match building standards in color, size, and design and shall be placed on the building(s) located on the Premises in accordance with Lessor's direction and shall comply with all applicable sign ordinances. Lessee shall pay the cost of construction and placement of all such signs. IN WITNESS WHEREOF, undersigned Lessor and Lessee have executed this Lease on the date specified in the Basic Lease Provisions. z_- �• 3.01 BY: LESSOR DATE: �i DATE: DATE: Page 17 r/3 0 t, Z:Gino's Ristorante/Lease 9-10-08 EXHIBIT `W' (Page One) BUILDING RULES ANp REGULATION& SIGNS Except as otherwise provided in an applicable Lease, the following rules and regulationsshall apply to the — 3015 W. McMillan Suite 108 & 109 Meridian Idaho 83646 property. I. The sidewalks, entrances, halls, passages, elevators and stairways shall not be obstructed by any of the Lessees, or used by them for any other purpose than for ingress and egress to and from their respective leased premises. 2. Lessees, their agents, employees, or visitors, shall not make or commit any improper noises or disturbances of any kind in the building, or make or defile the water closets, toilet rooms, windows, elevators, or doors of the building or interfere in any way with other Lessees or those having business with them. 3. The toilet rooms, water closets, and other water apparatus shall not be used for any purpose other than those for which they were constructed, and no sweepings, rubbish, other unsuitable substance, shall be thrown therein. rags, ashes, chemicals, or the refuse from electric batteries or Lessee by whom or by those employees or visitors of Any damage from such misuse or abuse shall be borne by the Lessee it shall be caused. 4. No carpet, rug, or other article shall be hung or shaken out of any window or placed in corridors as a door mat, and nothing shall be thrown or allowed to drop by the Lessees, their agents, employees, or visitors, out of the windows or doors, or down the passages or shafts of the Building, and no Lessee shall sweep or throw, or permit to be thrown from the leased premises, any dirt or other substances into any of the corridors or halls, elevators, shafts, or stairways of said Building. 5. No linoleum, or oil cloth, or rubber or other air -tight covering shall be laid on the floors, nor shall articles (except for interior art work) be fastened to, or holes drilled, or nails or screws driven into walls, windows, partitions, nor shall the walls or partitions be painted, papered or otherwise covered, or in any way marked or broken, without the prior written consent of the Lessor. 6. Nothing shall be placed on the outside of the Building, or on the windows, window sills, or projections unless approved in writing by the Lessor. 7. The only window treatment permitted for the windows in the leased premises is that installed or approved in writing by the Lessor. 8. No sign, advertisement, or notice other than as approved by Lessor, shall be inscribed, painted, or affixed on any and windows shall be subject to prior written approval by part of the outside or inside of said Building. Signs on doors Lessor, the cost of affixing to be paid by Lessee. A directory in the lobby, with the names of Lessees, will be provided by Lessor. 9. After permission to install telephones, call boxes, telegraph wires, or other electric wires has been granted, Lessor will direct where and how the same are to be placed. No wires shall be run in any part of the Building excepting by or under the direction of Lessor. Attaching of wires to the outside of the building is absolutely prohibited. It is understood that telephones are installed solely for the use and benefit of Lessee and, accordingly, Lessee will save Lessor harmless for any damages thereto. 10. The Lessor shall in all cases have the right to prescribethe weight and proper position of safes or other heavy objects in the building and the bringing in of said safes, all furniture, fixtures or supplies, the taking out of said articles, and moving about of said articles within the Building, shall only be at such tunes and in such manner as the Lessor shall designate; and any damage caused by any of the before mentioned operations or by any of the said articles during the time they are in the Building, shall be repaired by Lessee at Lessee's expense. Page 18 0 Z:Gino's Ristorante/Lease 9-10-08 EIiMff 44A" (page Two) 0 11. No additional locks shall be placed upon any doors without the written consent of the Lessor, and the Lessee shall not permit any duplicate keys to be made. All necessary keys shall be furnished by the Lessor, and the same shall be surrendered upon the termination of this Lease, and the Lessee shall then give to the Lessor of his agents explanation of the combination of all locks upon the doors or vaults. Lessor will provide one key at Lessor's expense. All other keys will be paid for by Lessee at Lessee's reasonable cost. 12. No motor vehicles will be allowed in Building, except in approved spaces. 13. No Lessee shall do or permit anything to be done in said Building, or bring or keep anything therein which will in any way increase the rate of fire insurance on said Building or on property kept therein, or obstruct of interfere with the rights or other Lessees, or in any way injure or annoy them, or conflict with the laws relating to fires, or with the regulations of the Fire Department or with any insurance policy upon said Building or any part thereof or conflict with any of the rules and ordinances of the Department of Health. Lessee understands and agrees that the vehicle of any Lessee obstructing any unauthorized area, and particularly in areas designated by specially painted curbs asfire lane areas, may be towed away at owner's risk and expense. 14. In order that the leased premises may be kept in a goods state of preservation and cleanliness, each Lessee shall, during the continuance of his Lease, permit the superintendent of Lessor or contractor designated by Lessor to take charge of any cleaning of the said premises. 15. Lessees will see that windows are closed and the doors securely locked before leaving the Building. 16. No animals or birds shall be brought into or kept in or upon the premises. IT No machinery of any kind, other than normal restaurant and bar equipment and office machines (i.e., computers, dictating or adding machines, or similar desk -type equipment only), shall be allowed to be operated on the premises without prior written consent of Lessor. 18. The use of office/retail suites as sleeping apartments, or for any illegal purpose is absolutely prohibited. 19. No Lessee shall conduct, or permit any other person to conduct any auction upon the premises, or store goods, wares, or merchandise upon the premises without the prior written approval of the Lessor except for the usual supplies and inventory to be used by the Lessee in the conduct of its business. 20. All glass, locks, and trimmings, in or about the doors and windows of the premises and all electric fixtures on the premises which belong to the Building shall be kept whole, and whenever broken by anyone, shall be immediately replaced or repaired and put in order by Lessee under the direction of and to the satisfaction of the Lessor and the same shall be left whole and in good repair upon the termination of this Lease. 21. Any and all damage to floors, walls, or ceilings due to Lessee or Lessee's employees' failure to shut off running water or liquid shall be paid by Lessee. 22. Lessor reserves the right to make any and all alterations in the premises as may be required by Lessee, the expense of such alterations to be paid by Lessee. 23. No cars, trucks, RVs, boats and trailers, or any other type of motor vehicle shall be kept or stored in the parking lot. Only vehicles used by the Lessee and its customers in conduct of their normal business shall be parked in the parking lot. 24. No antennae or satellite dishes of any kind shall be permitted to be attached to the Building without the express written consent of the Lessor. Page 19 r1 U 2:Gino's Ristorante/Lease 9-10-08 Intentionally Left Blank Page 20 s Z:Gino's Ristorante/Lease 9-10-08 4401CMIT B" (Page One) MINIMUM RENT: • Year Dates Sgaare W.F. Monthly Annual % Breakpoint Footage Rent 1 April 1, 2009 thru March 31, 2010 3,911 > $IS.00 $4.,888.75 $58,665.00 rent 6% $600,000.00 2 April 1, 2010 thru March 31, 2011 3,911 $1650 $5,377.63 $64,531.50 6% $600,000.00 3 April 1, 2011 thru March 31, 2012 3,911 $16.50 $5,377.63 $64,531.50 6% $600,000.00 4 April 1, 2012 thru March 31, 2013 3,911 $20.16 $6,56953 $78,834.42 6% $600,000.00 5 April 1, 2013 thru March 31, 2014 3,911 $20.76 $6,766.62 $81,199.45 6% $600,000.00 6 April 1, 2014 thru March 31, 2015 3,911 $21.38 $6,939.01 $83,628.13 6% $600,000.00 7 April 1, 2015 thru March 31, 2016 3,911 $22.02 $7,177.14 $86,125.70 6% $600,000.00 8 April 1, 2016 thru March 31, 2017 3,911 $22.68 $7,391.99 $88,703.83 6% $600,000,00 9 April 1, 2017 thru March 31, 2018 3,911 $23.36 $7,613.54 $91,36252 6% $600,000.00 10 April 1, 2018 thru March 31, 2019 3,911 $24.06 $7,841.82 $94,101.79 6% $600,000.00 11 April 1, 2019 thru March 31, 2020 3,911 $24.78 $8,076.80 $96,921.61 6% $600,000.00 12 April 1, 2020 thru March 31, 2021 3,911 $25.52 $8,318.50 $99,822.01 6% $600,()00.00 13 April 1, 2021 thru March 31, 2022 3,911 $26.29 $8,566.92 $102,802.98 6% $600,000.00 14 April 1, 2022 thru March 31, 2023 3,911 $27.08 $8,773.68 $105,904.80 6% $600,000.00 15 April 1, 2023 thru March 31, 2024 3,911 $27.89 $9,090.60 $109,087.18 6% $600,000.00 The Minimum Rent(monthly amount)and any additional rent shall be paid on the first of each month, including any adjustments thereto as required by this Lease. Percentage Rent shall be paid on or before the 25th day of each calendar quarter from the Commencement Date and thereafter throughout the term of the Lease including renewal periods, if any. Percentage rent of six (6%) percent of gross sales over $600,000.00 a year shall be reported monthly and paid quarterly. Increases are calculated at 3% per annum for years 4-15 in addition to percentage rent. Thereafter, rent will be determined by the mutual agreement of the parities for the option years. Page 21 0 Z:Gino's Ristorante/Lease 9-10-08 "EXHIBIT B" (Page 2) Percentage Rent For illustration purposes Percent Rent calculates as follows: 6% of gross sales greater than $600,000.00 will be paid as Percentage Rent. Rent will be adjusted on a quarterly basis in accordance with gross sales amount. Page 22 Z:Gino's Ristorante/Lease 9-10-08 Personal Guarantee IN CONSIDERATION OF and as an inducement to the granting of the lease, dated Septembe_ r 10, 2�g between __Primeland Investment Group I Tti as Lessor, and_ Gino's Ristorante & Bar as Lessee, for certain premises located at 3015 W. McMillan Rd, Suite 108 Meridian,Idaho 83646, and other valuable consideration, the receipt of which is hereby acknowledged, the undersigned — Gino & Tia Vuolo hereinafter referred to as the "Guarantor", hereby absolutely and unconditionally guarantees toLessor, its successors and assigns, the prompt and punctual payment of all rents and all other sums to be paid by the Lessee under said lease during the full term thereof, and during the period of any extension or renewal thereof, and the full, complete and faithful performance by Lessee of all of the provisions, covenants, agreements, conditions and stipulations in said Lease contained, to be kept, observed and performed by the Lessee during the full term of said Lease and during the period of any extension or renewal thereof, and hereby agrees that no extensions of time granted to the Lessee for the payment of said rents or other sums, or for the performance of any of the obligations of the Lessee or forbearance or delay on the part of the Lessor to enforce any of the provisions, covenants, agreements, conditions and stipulations of said Lease, or waiver by Lessor of any of said provisions, covenants, agreements, conditions and stipulations, shall operate to release or discharge the Guarantor from his full liability under this instrument of guaranty or prejudice the rights of Lessor hereunder. Guarantor hereby expressly waives notice of acceptance of this Guaranty, notice of any default of the Lessee, notice of any other action taken or omitted to be taken by the Lessor with reference to said Lease, and any and all other notices whatsoever given or received by Lessor under said Lease, and agrees that no assignment by Lessee of said Lease, or any other transfer of Lessee's interest therein and no bankruptcy, insolvency or similar proceedings shall operate to release or discharge this Guaranty of the obligations of the Guarantor hereunder. Guarantor further agrees that if said Lease contains provisions for construction of improvements by the Lessor and provisions regarding acceptance of the improvements by the Lessee any such acceptance by Lessee shall be binding on the Guarantor hereunder the same as if the Guarantor had joined in the execution of such acceptance, and it shall not be necessary for the Guarantor to join in the execution or be notified of such acceptance. The Guarantor hereunder further agrees that Lessee may, as determined in its sole discretion enter into any one or more agreements with Lessor amending said Lease, and any such amendment shall be binding upon the Guarantor hereunder without the necessity of the Guarantor hereunder joining in the execution of or being notified of any such amendment, except any amendment which would increase the rent payable by the Lessee under said Lease or substantially increase any other liability or obligation of the Lessee under said Lease. All of Lessor's rights and remedies under said Lease and under this Guaranty shall be distinct, separate and cumulative, and no such right or remedy therein or herein set forth shall be in exclusion of or a waiver of any other right or remedy to which Lessor shall be entitled at law or in equity with respect to said Lease or this Guaranty. Guarantor further expressly agrees that nothing shall operate as a release of this guaranty or of the obligation of the Guarantor herein, except the payment in full of all rents and other sums payable by the Lessee under said Lease, and any extension or renewal thereof, and the full and complete performance by Lessee of all of the provisions, agreements, conditions and stipulations on the part of the Lessee thereunder to be performed, and that this Guaranty shall be a continuing guaranty and shall remain in full force and effect during the full term of said Lease and any extension or renewal thereof, and beyond such term or extension or renewal thereof until any and all liabilities and obligations of the Lessee under said Lease and of the undersigned of this Guaranty have been paid, performed and discharge in full. DATED THIS 10th day of September , 2008. Page 23 Guarantor — Date r Z:Gino's Ristorante/Lease 9-10-08 Intentionally Left Blank Page 24 r1 S - s• a �g��d38�5R�a�IBdmex�v��,�-e.� lis 21,111 a Off 9 g Z m p lim', y W 185 111 fill • ���� Hij oil F nil �� sa on rnrn g9�@&ig r@D�99aa®��p q ILI.$ ? g °osnevr l _� Gina's Restaurant'Y'r� j � fi � g ]015 NklaUpti RD �lcuw,mwq ARCtiITECTsx g9�@&ig r@D�99aa®��p q D ILI.$ ? g °osnevr l _� Gina's Restaurant'Y'r� j � fi � g ]015 NklaUpti RD �lcuw,mwq ARCtiITECTsx Lo v ®4WD � 121Llrn til m io Net f� g � � 3 ? 101O 5. AUJUyre QL SB•staa out E's Restaurant 1 0! 7715 MXMUL x RD. SUM M � i 0 Z P Gino's RestaurantF7 `''�^� MRMW% MAMO AR �w aa� NO rn Irn E= n 0 g oil lit 8 ".011111 111111 111 Jil Q C 6 1 m _ Gino' e s Restaurant �* 3075 MuelllpN � SUJ1E 103 MHe101nN.1�°M d Rrt i.it+r'e.+....... I z 0 R m r D �, g El fill a R, 0 $ if law 4FB Gino's Restaurant;,, pmam tm MOIIDIAN. mtWt 11 an Page 1 Of 2 Exhibit E 11 Bridgetower Marketplace 3015 — 3035 W. McMillan Meridian, Idaho Planned Sign Program L All exterior signs shall be submitted to the ,Architectural Review Committee for approval and written consent prior to submittal to the cit for permitting. y 2. Business owner shall submit to the committee full color renderings, to scale indicating the location, size, layout and design of the proposed sign(s), including all lettering and/or graphics. 3. Business owner is responsible for all city and government permits relating to the signs. g 4. Wall signs are restricted to size allowances provided in the Meridian City Sign Ordinance and shall be pan -channel letters for the north and west elevations (including end caps). Bullet or sculpted cabinets are allowed if used in conjunction with pan -channel letters. All signs raceways painted to match the building surface to which ch it is mounted. 5. Wall signs are allowed for the rear of the buildings (south and east elevations and end caps), but must be non -illuminated and individual dimensional letters and graphics. 6. One main "center" identification sign is permitted for the development and in addition, each building may provide a monument sign per city code of ].o' and 70 square feet. 7. Directional signs are permitted at ingresses/egresses per city code of 4' in height and four square feet and are subject to approval by the committee. Developer reserves the right to put traffic, safety, and/or directional signs as needed. 8. No exposed lamps, tubing, animation, flashing or audible signs, conduit or brackets are permitted without the approval of the committee. All cabinets, conductors, transfo concealed. rmers and other equipment shall be 9. All signs must be U.L. approved and carry a U.L. label. z:BridgeTower Marketplace -07 MSP Page 2 of 2 • Exhibit E zo. All signs and their installation shall be in strict compliance with building and electrical codeS all H. Lease Inclusion: This planned sign program shall be included in th for each individual tenant. a lease Signed Primel nd Develo men Date z:BridgeTower Marketplace *7 MSP ! 0 LIQUOR LICENSE LEASE AGREEMENT By and Between DAMANTE, LLC. An Idaho limited liability company "Lessor" GINO' S ITALIAN RISTORANTE & BAR, LLC An Idaho limier liability company +IN- Dated the day of 2009 0 0 LIQUOR LICENSE LEASE AGREEMENT DATE, NAMES AND ARTICLE OF PARTIES 1.1 Date. This Liquor License Lease Agreement (hereinafter referred to as "Lease"j is effective April 1, 2009, 1.2 Lessor. Damante, LLC, an Idaho limited liabilitycom Meridian, Idaho, 83646 address is 3120 West Belltower Drive, Suite 100 may' whose ding ,ng 1.3 Lam.. Gino's Italian Ristorante & Bar, LLC, an Idaho limited company, whose mailing address's 9261 Franklin Road, Boise, Idaho, 83709. liability ARTICLE 2 LICENSE 2.1 LLcense. Lessor is the owner of aUSttate of Idaho Retail Alcohol Beverage No. 4G L4$ • Premise No. ilk - mge License utili2ed at 3015 West McMillan Road, Meridian, Idaho, 836466, wghicutilized e or intended to be replacements thereof, and related liquor, be and wine li , renewals and collectively as the "Liquor License." Lessor hereby leases to are all hereinafter referred to lease from Lessor, the Liquor License as hereinabove de' and Lessee does hereby provisions controlling this Lease ed' the tears, conditions, and confirm that the foregoing Liquor License shall at all be and Eby inthe acknowledges and Lessor and shall only be utilized at the above location. main Propy of 2.2 Condition of Perform nce. This Lease is subject to the terms, covenants, and conditions set forth and the Lessee covenants as a mated part of the Lease to keep and perform each and all of the terms, covenants, and conditions t deration for ti hs and performed and that this Lease is made upon the condition of to be kept t Lessee's performance. 2.3 —C VJR11al Lease. The parties hereto have entered into The Mercato At BridgeTower Lease agreemetiL It is expressly understood and a Lease of the Liquor License provided for herein and the lease of among the parties that the The Mercato At BridgeTower Lease Provided for in any extension,ie agreement may not, in any fashion, be separated and that termination, default, or assignment of one shall constitute and extension, termination, default, or assignment of the other. Moreover, any right or remedy exercised by the LIQUOR LICENSE LEASE AGREEMENT. 1 Lessor under this Lease shall give rise to a similar right in the Lessor with respect to said The Mercato At BridgeTower Lease agreement. ARTICLE 3 TERM The term of this Lease shall be for fifteen (15) years, commencing on April 1, 2409, or when the Liquor License is put into Lessee's name, whichever and ending oa March 31, 2024. AIMCLE 4 RENT Lessee has entered into The Mercato At BridgeTower Lease located at 3415 West McMillan Road, Meridian, Idaho, 83646, as set forth above.agreernerit Accordingthe ly, as a result of entering into the foregoing lease, no rental amount shall be paid by Lessee to Lessor, except for the amounts to be paid herein which are hereby deemed rent. If Lessee defaults in the performance of the terms of this Lease, or if Lessee defaults in the Perf the terms of the foregoing The Mercato At BridgeTower Lease agreement of the °�� of bar premises, then Lessor shall be entitled to all of the default rem as herein set restaurant an ARTICLE 5 LICENSE FEES Lessee shall pay all license fees for the Liquor License (including licenses for eh We of wine and beer) for the year 2009 and thereafter for the duration of this Lease, annually renew the Liquor License (including the City of Meridian, Lessee ll Ada County, and the State Idaho licenses), and shall pay all annual and other licensing fees or charges necessary to maintain the Iicenses in good standing for the duration of this Lease, including any extended term hereof, ARTICLE 6 TRANSFER OF LICENSE do6.1 T_ r�uL__sfer. The parties hereto agree to execute and provide all additional cuments necessary to complete and fulfill the intent and purpose of this Lease, including the assignment and transfer of the Liquor License into the naive of the Lessee so that the Lessee shall have the right and authority to sell Iiquor and other alcoholic beverages by the drink at the leased premises, and to retransfer and reassign said Liquor License from the Lessee to the Lessor at the termination of this Lease, whether said termination occurs upon written notice or by default of the Lessee or otherwise by operation of law. LIQUOR LICENSE LEASE AGREEMENT _ 2 6.2 Conn of LeM t of T.. Enfarcem Although the Siete of Idaho Liquor Laws may requure that, during the term of this Lease, the Liquor License may be placed in the name of the Lessee, a copy of this Lease shall be Department of Law Enforcement, and, subject to the laws of thProvided State of Idahoe State of Idaho Lease shall control the conduct of the parties hereto and their permitted assi terms of this 6.3 ndorse ent. Subject to Idaho law, the Liquor License shall have endorsed on the reverse side thereof the legend, "This license is subject to the terms of a written Lease Agreement between Damante, LLC, an Idaho limited liability company, as Lessor, and Gino's Italian Ristorante &Bar, LLC, an Idaho limited liability company, as Lessee, and subject to the property rights of the Lessor as stated therein." 6.4 Security � To the extent that it shall be held b an (and acquiesced in by the Lessor} or by a court of Y Y administrative agency the Liquor License is con pr° Zont a leaxhold interest in contrary to Idaho law, then and in that event Lessor shall have and retain, i andfordoesmahnceerebyofthe reserveterms , a security interest in and to the Liquor License, to secure Lessees of this Lease. 6.5 Termination -Upon termination of this Lease for an reason, including default or request, transfer and assign all of Lessee's right,�°Y, upon Lessor's the Lessor or its permitted assigns, title, and interest in and to the Liquor License to ARTICLE 7 ADDITIONAL COVENANTS Lessee specifically covenants and agrees that in operating Lessee's business at the above described location, the same shall be performed and carried out in a manner so that no law or governmental regulation shall be violated which could result in a suspension or forfeiture of the Liquor License, and any suspension or forfeiture of the Liquor License shall constitute a materia! default in the performance of the terms and provisions hereof in the event or customers shall violate any law or governmental regulation which resultsLessee, in sa orfe' m o e Liquor License, then and in that event, Lessee shall, be obliaced to to any other rights and remedies of the Lessor hereunder, an amount inn to the Lessor, iv in addition then fair market value of the Liquor License. In addition, Lessee shallall amages tmesalent to the due any and an sales taxes attributable to operations conducted at the r ' pay when does hereby grant Lessor the right to examine any and all records thereof including b t not limited to records maintained by the Lessee and records maintained by the Idaho State Tax Commission. This provision shall be construed to grant to Lessor any and all information, data LIQUOR LICENSE LEASE AGREEMENT - 3 • 0 or reports in the possession of the Idaho State Tax Commission re garding Lessee's prenent or nOn-vse^,�. ent of Idaho State Sales Tax arising out of operations conducted, by lessee in the leased ARTICLE S ASSIGN AND SUBLEASE Because of the restricted number of liquor licenses allowed under the laws of the State of Idaho, it is specifically agreed and covenanted that Lessee shall not be entitled to assign or sublease, in whole or in part, any interest in the Liquor License without the ex consent of the Lessor, and any such attempted or purported asst P written in Part, without such prior consent, shall be null and void. went or sublease, in whole or LESSOR'S RIGHT TO CARTICLE 9 URE DEFAULTS WITHOUT NOTI CE 9.1 Less r's Dicc,�t�n„�,,. Derformap If Lessee shall, provided, default m the performance of any covenant orPromise after any �� period virtue of any provision in any article of this Lease, Lessor man its part a ly performed by thereafter, without notice Y immediately, or any time Perform the same for the account and at the expense of Lessee. Any Provision of this Lease to the contrary note Lessee's stead prior to the expiration of an �' however, Lessor may so perform in event that Lessee's default shall result in circum stances provided in an emergency or in the to the expiration of such grace period. Lessee herebY �g that such default be cured prior fact for the Lessor as its limited attorney -in - purpose of executing any and all documents to renew any and all Liquor Licenses herein to ensure that they are always maintained in full force and effect and shall not lapse. 9.2 additional Rent Due *C-- Lessee. If Lessor at requireany time is compelled to pay or elects to pay any sum. of money, or do any act which will money, by reason of the failure of Lessee m comply with an the Payment of any sum of compelled to incur an expense incl p Y Y Provision, or if Lessor is Y pe including rea�nable attorneys' fees in instituting, prosecuting and/or defending any action or proceeding instituted by reason of any default of Lessee, the sum or sums so paid by Lessor with all interest, costs, and deemed rent and shall be due from Lessee to Lessor at the writtenesti no , shall of the Lesso=be additional Lessee on the first day of the month following the incurring of such respective expenses. to ARTICLE 10 LIENS Lessft shall keep the Liquor License fee from any and all liens. LIQUOR LICENSE LEASE AGREEMENT - 4 • 0 ARTICLE 11 HOLD HARMLESS 12.1 Inde nifirat10n, Except with respect to and acts of Lessor, Lessee shall indemnify and hold harmless Lessor against and from any and all claims arising from Levee's use of the Liquor License in the conduct of its business or from any activity, Work, or other things done, permitted or suffered by the Lessee in connection therewith, and shall further indemnify and hold harmless Lessor against and from any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be pelf of this Lease, or arising from any act or o under the terms employee, guest, or invitee of Lessee and from all negligence of tall he wee, or any officer, agent, and liabilities incurred as a result of any such claim or against o costs,attorneys fees, expenses, and, if any case, action or proceeding be brought against Lessor by reason of anroceeding brought such claim, Lessee, upon notice from Lessor, shall defend the same as Lessee's counsel reasonably satisfactory to Lessor. Lessee, as a material part off the consideration and through of Lessor, assumes all risk of damage to property or injury to perons� from any cause other than Lessor's negligence, and Lessee waives all claims in respect thereof against Lessor. ARTICLE 12 INSURANCE 13.1 Liability n�urauc Lessee shall, at Lessee's expense, during the term of this Lease a policy of con rehensive ublic Iiabobtain and keep in force and Lessee a p p liability insurance insuring Lessor gainst any liability arising out of the ownership or use of the Liquor License. The amount of this insurance shall not be Iess than $500,000.00 for any one person injured or killed, not less than $1,000,000.00 for any one occurrence and not less than $300,000.00 for nsuproperty damages. The limit of the insurance shall not, however, limit the liability of the Lessee hereunder. Lessee may carry the insurance under a blanket li cy� providing, insurance by Lessee shall have a Lessor's protective liability endorsement attached thereto. the Lessee shall fail to Procure and maintain the insurance, Lessor may, but shall not be If Procure and maintain the same, but at the expense of Lessee. The insurance required to, section shall be Primary insurance and the insurer shall be liable for the full amount of the lby oss up to and including the total limit of liability as set forth in the declarations without the right of contribution from any other insurance coverage held by Lessee. 13.2 Form and Delivery of policies, All insurance required by this article shall be in form and with companies satisfactory to Lessor, shall provide that it shall not be subject to cancellation or change expense after at least twenty (20) days' prior written notice to Lessor and duly executed certificates for the policies, shall be deposited with Lessor on or before the day on LIQUOR LICENSE LEASE AGREEMENT - 5 0 • which the Lease term commences and, upon renewal of such policies,not less than thirty days prior to the expiration of the term of such coverage. (30) ARTICLE 13 SALES TAXES Lessee shall, at its sole expense, pay, or cause to be paid, before delinquency, any and all sales taxes which become payable during the term upon sales from the leased premiers. AR'T'ICLE 14 ESTOPPEL CERTIFICATE Lessee shall at any time and from time to time upon not less than ten (10) business days prior written notice from Lessor, execute, acknowledge, and deliver to Lessor a statement m writing, (1) certifying that this Lease is unmodified, and in fall force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so mo force and effect), and the date to which the rental and other charges are paid in advance, f anyfid, ed and (2) acknowledging that there are not, to Lessee's knowledge, any uncured defaults on the part of the Lessor, or specifying such defaults if any are claimed. Any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the real property of which the lease premises are a part. ARTICLE 15 DEFAULT 15.1 Default, The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Lessee. 15. 1.1 The vacating or abandonment of the leased premises by Lessee. 15.1.2 The failure by Lessee to matte any payment of rent or any other payment required to be made by Lessee, as and when due, where such failure shall continue for a period of five (5) days. 15. 1.3 The failure by Lessee to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by the Lessee, other than described in Article 15.1.2 above, where such failure shal days. l continue for a period of thirty (30) LIQUOR LICENSE LEASE AGREEMENT - 6 0 ! 15.1.4 The failure by Lessee to observe or perform any of the covenants, conditions, or provisions of that certain The Mercato At grid eTower Lease described in Section 2.3 above, to be observed or performed by Lessee, agreement 15.1.5 The making by Lessee of any general assignment or general arrangements for the benefit of creditors; or the filing by or against Lessee of a petition to have Lessee adjudged bankrupt, or a petition for reorganization or an'angement under any Iaw relating to bankruptcy (unless, in the ease of a petition filed against Lessee, the same is dismissed within thirty (30) days) or the appointment of a trustee or a receiver to take possession of substantially all of Lessee's assets located at the leased premises or of Lessee's interest in this Lease, where possession is not restored to Lessee within thirty (30) days, or the attachment, a hi Le other Leas or oth judicial seizure of substantially all of Lessee's assets located at the leased premises or of er Lessee's interest in this Lease, where such seizure is not discharged in thirty (30) days. 15.2 Remedies 'n I]efault, In the event of any such material default or breach b Lessee, Lessor may at any time thereafter, with or without notice or demand and without limiting breach: Lessor in the exercise of a right or remedy which Lessor may have by reason of such default or 15.2.1 Terminate Lessee's rights in the Liquor License by any lawful means, in which case this Lease shall terminate and Lessee shall immediately surrender Liquor License by Lessor. the In such event, Lessor shall be entitled to recover fr om lessee all damages incurred by Lessor by reason of Lessee's default including, but not limited io, the cost Of recovering possession of the Liquor License; expenses of relating, reasonable attorneys' fees, any commission actually paid; that portion of the leasing commission paid by Lessor and applicable to the unexpired term of this Lease, and the total amount of minimum monthly rent which would be payable over the then remaining term of this Lease. Unpaid installments l rent or other sums shall bear interest from the date due at the rate of twelve percent per annum. 15.2.2 Maintain Lessee's right to possession, in which case this Lease shall continue in effect whether or not Lessee shall have abandoned the leased premises. In such event, Lessor shall be entitled to enforce all of Lessor's rights and remedies under this Lease, including the right to recover the rent as it becomes due. 15.2.3 Pursue any other remedy now or hereafter available to Lessor under the laws or judicial decisions of the State of Idaho. LIQUOR LICENSE LEASE AGREEMENT - 7 0 ARTICLE 16 GENERAL TERMS AND CONDITIONS 16.1 Attorneys' F . If either party shall default in the any sum of money specified in this Lease tQ be payment to the other party of to any other of its obligations l�� � if either party shall default with respect gartions contained in this Lease, and said sum is collected or the default is cured with the assistance of any attorney for the other suit thereon, reasonable attorneys, fees ' ply and before the commencement of a due and Y incurred by the other party shall be added to the balance ( paid as a condition of curing such default) or, in the case of a non -monetary default, shall be reimbursed to the other party upon demand. In the event of any action a proceeding Paul brought by either party against the other. under this Lease, the revailin recover all costs and expenses, including the fees of its attorneys in such action shall r entitled to such amount as the court may ad'or Proceeding in Y Jae reasonable as attorneys fees. 16.2 Choice of Law. This Lease shall be governed by the laws of the State of Idaho. 16.3 lativeR=gkia. No remedy or election shall be deemed exclusive but shall, whenever possible, be cumulative with all other remedies at law or in equity. 16.4 Inability to Perform. This Lease the obliganot etions affected or impaired because the Lessor is unable to fulfill any of its obligations osr is deal�ayed in doing so, if such inability or delay is caused by reason of strike, acts of God, or any other cause beyond the reasonable control of the Lessor. 16.5 L= Char es. Lessee acknowledges that Iate payment by I== to Lessor of rent or other sums due will cause Lessor to incur costs not contemplated by thisease, the exact amount of which will be difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by teams of any mortgage or trust deed covering the leased installment of rent or of any sums due from Lessee shall not Premises. moved by Lessor ngan Lessor's designee within five (5) days after the due date, then Lessee shall equal to five (5%) percent of such overdue amount. The pay to Lessor such a late charge represent a fair and reasonable estimate of the cost that Lessor will molate of the payment by Lessee. Acceptance of such Iate charges by the Lessor shall in no event constitute a waiver of Lessee's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted, 16.6 Marginal He ;--. The marginal headings and titles to the articles of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part of this Lease. LIQUOR LICENSE LEASE AGREEMENT - 8 0 0 16.7 tires. All notices and demands which may or are to be be given by either party to the other hereunder shall be in writing.required or permitted to the Lessor to the Lessee shall be sent by United States M • notices and demands by the Lessee at the leased premises or to such other place as Lessee may froem a repaid, addressed to a notice to the Lessor. e in All notices and demands by the Lessee to the Lessor shall be sent by United States Mail, postage prepaid, addressed to the Lessor at the office of the Lessor or at such other person or place as the Lessor may from time to time designate in a notice to the Lessee. 16.8 Plats and Riders. Clauses, plats and riders, if any, signed by any Lessorand the Lessee and endorsed on or affixed to this Lease are a part of this Lease. 16.9 Prior Aereements. This Lease contains all of the agreements respect to any matter covered or mentioned in this Lease of the parties with understanding pertaining to any such matters shall be effective for and u prior agreements or this Lease may be amended or added to except y PmP�e• Ngned o provision of or their respective successors in interest. This Luse shall not be eeffWriftivel or btby t pard party until fully executed by both parties to this Lease. 8 n' 16.10 Quiet Pos=a;ons Upon Lessee paying the rent reserved in this Lease and observing and performing all of the covenants, conditions, and provisions on eels observed and performed hereunder, Lessee shall have quiet 1 to be the entire term, subject to all of the provisions of this Lease, possession of the Liquor License for 16.11 ecordati n. Neither Lessor nor Lessee shall record this Lease nor a short form memorandum without the prior written consent of the other party. 16.12 S ar bia. Any provision of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision and such other provisions shall remain in full force and effect. 16.13 Subordination and Attornment. Upon request of the Lessor, Lessee will, in writing, subordinate its rights to the lien of any mortgage or deed of trust to any bank, insurance company, or other lending institution or lender, now or hereafter in force Liquor against the Liquor License, and to all advances made or to be made upon the security. 16.13.1 In the event any proceedings are brought for foreclosure or in the event of the exercise of the power of sale under any security agreement made by the Lessor covering the Liquor License, the Lessee shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Lessor under this Lease. LIQUOR LICENSE LEASE AGREEMENT - 9 0 0 16.13.2 The provisions of this article to the contrary notwithstanding and term. long as Lessee is not in default, this Lease shall remain in full force and effect for the full te 16.14 Succ 1 subject to the provisions as to aand to aws, The covenants and conditions contained in this Lease, ssignment, shall apply to and bind the heirs, successors, executors, administrators, and permitted assigns of the parties. 16.15 Time. Time is of the essence of this Lease and each and all of its provisions in which performance is a factor. 16.16 Waiver. The waiver by Lessor of any term, cove not be deemed to be a waiver of such or condition contained shay breach of the same, or for an other covenant, or condition with respect to any subsequent subsequent acceptance of rent by Lessor shall not covenant, e deemed to be a or condition contained aive of this Lean. e breach by Lessee of any term, covenant, or condition of this Lease, other than the failure off the Lessee to pay the particular rental so accepted, regardless of Lessor's knowledge of such preceding breach at the time of the acceptance of such rent. IN WITNESS WHEREOF, the parties hereto have executed this Liquor License Lease Agreement this- above written. day of Karg Vv , 2009, and is effective the day and year first LESSOR: DAMAN•T,E, LLC By: Primeland Investment Group, LLC, Member By p4 S. Van isle, Me ber LIQUOR LICENSE LEASE AGREEMENT - 10 i 0 LESSEE: GINO'S ITALIAN RISTORANTE & BAR, LLC Vuolo, Member PERSONAL GUARANTY GINO VUOLO (hereinafter referred to as "Guaraatoe), in consideration of the sum of Ten Dollars ($10.00) now paid by DANL�NTE, LLC, an Idaho limited liabilityco (hereinafter referred to as "Payee"), the receipt whereof is herebyacknowledged, d Oth valuable consideration, hereby directly and unconditional) and other charges due and owingY guarantees that all rent and other pursuant to the Lease, and all other sums, costs, expenses, charges, aul payments, and deposits (including sums payable as which are at any time payable by Lessee under the Lean will beages eppaiIId in of W twhen under ut �h e on their stated due dates or by acceleration or otherwise) in accordance with the Lease, and that ther Lessee will faithfully perform and observe each covenant and condition of the Lease to be performed or observed by Leasee. This Guaranty is an unconditional, irrevocable, and absolute guaranty of payment and performance. If for any reason any provision of the Lease shall not be dueandowfuling or observed by Lessee as required thereby, or if the rent and other charges pursuant to the Lease, or other sums, costs, expenses, charges, payments, or deposits, or any part thereof, payable thereunder, shall not be paid when due in accordance with the provisions of the Lease, Guarantor will promptly perform or observe, or cause the performance or observance of each such provision, and will immediately pay such rent and other charges due and owing pursuant to the Lease, or other sums, costs, e�' charges, Payments, or deposits to the person entitled thereto pursuant to the ogether with interest as stated in the Lease. Interest shall accrue from due date thereof to the date of payment, in all cases regardless of whether Lessor shall have taken any steps to enforce any rights against Lessee or any other person to compel any such performance or observance or to collect any such rent and other charges due and owing pursuant to the Lease, or other sums, costs, expenses, charges, payments, or deposits, or any part thereof, either pursuant to the provisions of the Lease, or at law or in equity, and regardless of any other condition contingency. Guarantor also agrees to pay the costs and expenses of collecting any or such rent and other charges due and owing pursuant to the Lease, or other sums, costs, expenses, charges, payments, or deposits at any time payable by Lessee under the Lease, and waive notice of the LIQUOR LICENSE LEASE AGREEMENT - I I breach of nonperformance of any provision of the Lease. Lessor shall have the right to enforce this Guaranty regardless of the receipt by Lessor of additional security or the enforcement of any remedies against such security or the release of such security. Guarantor's obligations under this Guaranty shall in no way be affected or impaired by reason of the of any of the followingwith happening from time to time respect either to the Lease or to this Guaranty, even without notice t© or the further consent of Guarantor: (a) the extension of the time for payment by Lessee of any rent and other charges due and owing pursuant to the Lease, or other sums, costs e charges, payments, or deposits or any part thereof, oxpe"s�' for performance by Lessee of an other obligations� or payable under the Lease' or of the timeY under or arising out of or on account of he Lease or any extension or renewal thereof; (b) the assignment, sublettmg, or mo rtgaging or the purported assignment, subletting, or mortgaging of all or part of Lessee's interest the Lease, whether ar not permitted by the Leap; (c) the modification or amendment (whether material or otherwise) of any obligation of Lessee as set forth in the Lease; (d) the tatting or the omission of any actions referred to in the Lease; (e) the failure, omission, or delay of Lessor to any action on the part of Lessor granting indulgence or extension of any form; (f) the voluntary or involuntary liquidation, dissolution, sale, or other disposition of all or substantially all the assets, marshaling of assets and liabilities, receivership, insolvency, the benefit of creditors, reorganization, arrangement, composition,�stmtcy, nto, orassignment for or readjustment of, or other similar proceeding affecting Lessee or any of its assets, or the disaffirmance of the Lease in any such proceeding; (g) the receipt and acceptance by Lessor of notes, checks, or other instruments for the payment of money made by Lessee, or any extensions or renewals thereof; or other cause, whether similar to or dissimilar from the foregoing. Notice of (a) acceptance of this Guaranty, (b) any obligations or liabilities contacted or incurred by Lessee, and (c) execution and delivery of the Lease are all hereby waived by Guarantor. DATED this J qday of 1' a r e- U . 2009. Vuo10 STATE OF IDAHO ) ) ss. County of Ada ) 0s 54-1 day of G(�( in the year 2009, before me , a Notary Public in and for said State, Personallyappeared FRANK S. VARRIALE, known or identified to me to be the Member of PRIMELAND INVESTMENT GROUP, LLC, an Idaho limited liability company, the Manager or Member of LIQUOR LICENSE LEASE AGREEMENT -12 the limited liability company that executed the inshunent or the instrument on behalf of said limited liabilityco person who executed the liabilityco company,, and °w+1��ed to me that such limited company 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. . L KIMBERLY WINKLE Notary Public Mate of Idaho STATE OF IDAHO ) ) ss. County of Ada ) i0tJogyPlublic r Idaho Residence: S Commission Expires:_ On this 54� day of (,� in the year 2009, before me, a Notary Public in and for said State, personally appeared GINO VUOLO, known or identified to me to be the Manager or Member of the limited liability company that executed the instrument or the person who executed the hit on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat the day and year in this certificate first above written. KIMBERLY WINKLE j Totem Public Mate of Idaha LIQUOR LICENSE LEASE AGREEMENT. 13 otary t?ubliC o Residence: Commission Expires F l 200 • STATE OF IDAHO } )Ss. County of Ada } 0 I� On this day of� w1 m the Year 2009, before me, VUOLO, known or identified to a N e tD t Public blic in and for said State, pemnally appeared GINO and acknowledged to me that he executed the same, erson whose name subscribed to the within instrument, IN WITNESS WHEREOF, I have heretmto set my hand and affixed my official seal the day and year in this certificate first above written, s Notary Public a� Bute of rdnho commission Expires• LIQUOR LICENSE LEASE AGREEMENT _ 14 • April 10, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT • April 14, 2009 ITEM NO. 6-F REQUEST Approve Owner Transfer of Beer & Liquor License for Meridian Mulligans LLC dba Meridian Mulligans located at 601 South Main Street Meridian Idaho 83642 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 Meddtan. BEER/WINE/LIQUOR LICENSE OWNER TRANSFER APPLICATION INTERNAL APPROVAL CHECKLIST For Internal - Office Use Only: Applicant: Meridian Mulligan LLC Business Name: Meridian Mulligan Location: 601 S. Main St., Meridian Idaho 83642 License Type: [X] Beer [ ] Wine [X] Liquor - (wine included) Application /File Fee: $50.00 Beer and $50.00 Liquor= $100.00 Receipt No. 15871 Economic Development: Economic Development Approval: N/A Signature Date Police Department: Police Chief Approval: Signature Date Fire Department: G4k o � Fire Chief Approval: Signature to Planning Department: � � � Planning Director Approval: 04 atra" Signature Date Public Works Department: Development Services Manager Approval: Signature Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This item is scheduled to be approved on the April 14th, 2009 City Council Agenda. THANK YOU. 0 Page 1 of 2 Nancy Radford From: Joe Silva Sent: Thursday, April 09, 2009 9:48 AM To: Nancy Radford Subject: FW: Beer and Liquor Owner Transfer - Meridian Mulligan's Meridian Fire is good on this one. Joe Joseph P. Silva Deputy Chief/ Fire Prevention Meridian Fire Department jsilva meridiancity.or� 33 E. Broadway Ave., Meridian, ID 83642 (208) 888-1234 Office (208) 895-0390 Fax Please note we have a new address. From: Kenny Bowers Sent: Thursday, April 09, 2009 8:06 AM To: Joe Silva Subject: RE: Beer and Liquor Owner Transfer - Meridian Mulligan's Boss Yes this is OK K.W.B. From: Joe Silva Sent: Wednesday, April 08, 2009 7:10 PM To: Kenny Bowers Subject: FW: Beer and Liquor Owner Transfer - Meridian Mulligan's KB Is this one OK? Joe Joseph P. Silva Deputy Chief/ Fire Prevention Meridian Fire Department jsilva@meridiancity.org 33 E. Broadway Ave., Meridian, ID 83642 (208) 888-1234 Office (208) 895-0390 Fax Please note we have a new address. From: Nancy Radford Sent: Wednesday, April 08, 2009 1:06 PM To: John Overton - Police; Joe Silva; Anna Canning; Bruce Frecldeton Cc: Jaycee Holman Subject: Beer and Liquor Owner Transfer - Meridian Mulligan's 4/9/2009 • 0 BEER/WINE/LIQUOR LICENSE OWNER TRANSFER APPLICATION INTERNAL APPROVAL CHECKLIST For Internal - Office Use Only: Applicant: Meridian Mulligan LLC Business Name: Meridian Mulligan Location: 601 S. Main St.. Meridian Idaho 83642 License Type: [X] Beer [ ] Wine [X] Liquor -- (wine included) Application/ File Fee: $50.00 Beer and $50.00 Liguor = $100.00 Receipt No. 15871 Economic Development: Economic Development Approval: N/A Signature Date Police Department: Police Chief Approval: Signature Date Fire Department: Fire Chief Approval: gnature Date Planning Department: ON Planning Director Approval:r4 Signature I Date Public Works Department: Development Services Manager Approval: Signature Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This item is scheduled to be approved on the April 14th, 2009 City Council Agenda. THANK YOU. OMaycrTwnMdeweerd E IDIA ry �,cmmcu � Keith Bird Joe Wrton APRDA0 8 2 9 chanes Rautmee David Zaremba CITYOFF Wmp CITY CLERKS OFFICE APPLICATION FOR LICENSE TRANSFER OF OWNER BEER $50.00 WINE $50.00 A /ac). Od LIQUOR $50.00 "I hereby certify that I read and fully understand the rules and regulations Of Title 3 Chapter 2, City Code of the City of Meridian, requiring licenses and regulating the sale of Beer, Wine or Liquor by the Drink. That I am over 21 years of age, a citizen of the United States, and have been a bona fide resident of the State of G for the period of _� years, and have not been convicted of any law regulating, goveming, o prohibfing the sale of alcoholic beverages or intoxicating liquors and that my place of business shall not contain screens, boxes, stalls, or any room on the premises where beer is to be sold. That I am aware of the minimum age for sale of Beer, Wine or Liquor by the Drink, and penalties for violation of the same. That, if a vendor of packaged, bottled or canned beer, or packaged, bottled wine, not to be consumed on the premises, I will supervise and make certain that no beer or wine shall be consumed on these premises or parking lots under my control. These premises shall be open to officers of the United States, State of Idaho, or City of Meridian whenever occupied and shall not be open for sale of beer, wine or liquor by the drink between the hours of 1:00 o'clock A.M. and 7:00 o'dock A.M. and that 1 will uphold the laws of the United States, State of Idaho, and of Meridian at all times. That I am familiar with location limitations as set up by the County, State and City of Meridian, and will comply with any other special limitations a are in force or as may come about." 991,It C do hereby apply for the transfer of Meridian } Beer ( } Wine} Liquor License(s) from the name of JA, iA c 54ce-iYdoing business as c.. GLS �° at the address Of cc to myself in the name of Ai 1,1 / ` doing business as �. at & % J Said transfer to take place on the — day of L2 it 200. Iz I r J City Clerk's Office . 33 E. Idaho Avenue, Meridian, ID 83642 �"��� �� ✓` Phone 208-888-0433. Fax 208-888-4218 . www.meiidiancity.org �� t CITY OF MERIDIAN: Beer License # Wine License # r Liquor License # 3 a Date Issued: Ali:I L I REQUIRED: (� Copies of State and County License issued in the name of the undersigned are attached hereto. Factures in the premises of the value of $ �11c:, 1, exp r', and are (X) Owned ( ) Heid on conditional sales contract; or ( ) Leased or rented. In connection with this application, the following schedules of additional information are attached: Schedule A: Statement and oath of personal qualifications. To be completed by an individual owner, by ALL partners, if application is for a partnership, and by all members of the Board of Directors and all officers and ten principal stockholders of corporate applicant. Schedule B: To be provided by Applicant: Balance Sheet showing the assets, liabilities and capital account as of the date of the application, certified to by the owner, a partner, or an officer of a corporate applicant, and by the individual or firm preparing the same. Schedule C: Statement of the names of all persons, individual and corporate, who have any financial interest in the business to be conducted on the premises to be licensed. Schedule D: A floor plan of the premises to be licensed. License Transfer Apn Rage 2 of 5 Hcn .. cevice�oc mai.7 �s Lasna�rlt,tlVY.7LT A TCU I 1► ti E J J a Q y � O � O Q.Q N CL ti OD V O � Z Z z z CO cc m O . LU z I 1► ti E J J a y � O Q.Q N CL OD Z Z z z CO 0 Q O . LU W W c NYI Y/ a w (A z Td �Ql17�119 G"ILI I" -w% V -AL%aa%owa VA 91Vla %so% a a , v—w O N 0 CS m m a O CL : CO 8 0 0 0 Cu m E p �►+ A 0a a� 1 JoDO�e MN Of � Td �Ql17�119 G"ILI I" -w% V -AL%aa%owa VA 91Vla %so% a a , v—w O N 0 CS m m Heense must'be`ca May 1, 2008 — Aprll 30, 2009 ADA C®UNTV LI M -1, 20M —.4prd 30, 2009 STATE OF IDAHO► 2009 Year MERIDIAN MULLIGANS LLC MERIDIAN MULLIGANS THIS. IS TO CERTIFY THAT is granted a / to conduct a / or for a ALCOHOLIC BEVERAGE License (Type) at 601 S Main St in Meridian 83642 ,State of Idaho (Street Address) (City or Town) NN0.14264 and has complied with the laws of the State of Idaho and/or regulatii ns and ordinances of Ada County. ER tught\Bottled\Canned 20.00 2UOR BY THE DRINK 20.00 � Sign tune of Vic nsee fficer of Corporation TAL 40.00 Approved by the Board of County Commissioners this 7 day of April 2009 : David Navarro, Clerk/Auditor/Recorder 40 Chairman ASUGNIIENT OF LEASE T.IIIS AGREEMENT, made this _ day of November. M by and between Broken spoke Inca hminatber referred to as the "Assignnr*, and Alicia W Of MQMM Muni hereinafter referred to as the "Assn•'. In consideration of the mutual covenant herein contained, each art 1D be pw&med hereunder, and for other valuable considc alm, the receipt and sufficiency of which are hereby acktmwledged, the parties agree as follows: 1. Ass Mw hereby assigns, tnaondr A d uanveys to Assignee all of its rigs tide and kkrmt, as Tenant,m, to and !order a cartaie Lease Ate, dated Saftmbsr 7-6,1994 and mm�,cied m March 3 L 2005. (baeina&r -Um-1 exemacd by and bawom G & H Enumim ofldahn LLC arld Bolicek Limited Comoanv LLC as Landlord, aid Assigenr, as Tem, givvidM four the letting of main premises located at 601 South Main .being move prartichilarly d -bed as follows: 2. A„ssigpee hereby adepts and asshnnes all of hila guarani es, ohi p ions, re4musibhlities, and liabilities of Assignor under said Lose and agrees to peifarm said Lease Agreement ad=ding to its terms, covenants and conditaor, , Assig = uncouffitlooWly goarantees to Landlord, and its yrs and assigns, the payment of rats and other sums provided for in the Lease, for the life of dn Ler& 1VIs. Alicia Wagner individuality and personally nnhomrditio®taliy gaaraas to Landed, and its successors and assigns, the payment of rents and other sums provided for in the Lease, fbr the life of the Lease 3. Assignor and assignee agree to pay Landlord 2007 pooperty► tarces due according to the gams of the kese at Closing. This payment will be prorated between assigw and assignee at closing. 4. Assignmr hereby Covenants that said Lease is valid and existing. 5. This Assignment shall be binding upon and shall imm to the benefit of the resPmbve parties, their successors and assigns. b. This Assignment shall be Com ingent upon the approval by Alcohol BWMP Control of the sale of a Retail Alcohol BevMV LICense, License Number 464&0 fram Broken Spoke Im• to TIE J LLC . • nnrn�ta or.�n «r. � r . nr n... e . r.+ 4, • d 0 0 eaa =60 60 CO Jd�i IN WITNESS WHEREOF, the parties hereby have executed this Assqyunmt of Lease as of the date first above wrist L ral;. � I �IW Ereiaen Spoke, Inc. by its President Mr_ T. Mason Bate ASSIGM E: ASSIGNEE: By Alic Wagner, Individ and Personally Date /01 LANDLORD'S CONSENT AND ACCEPTANCE i mg the Lamdlmd ander the Lease demnibed in tre foregoing As d maent, h=6Y coJmits to and accepts the folcV4 Amipment of Lease in acem+dmg with the terms and pmvbions thetco£ Bated this t�ijr Of '-' 20—el!"j � -a � � , - �ge law -- d ` 2-1-± G & H EWdrpiws of Idaho, LLC by John Gobs, Manages Date; ♦ 6,T.T��Ta /Tfw,- nT � M � AT 1f... q . P1 S . d eca =60 60 co �dkl All statements herein contained, including the information in the attached schedules which is within the knowledge of the person subscribing this application, are declared to be true. Dated this day of f E Si tura of 1 t 940110MV-1- 1;K1 a ' 1 %,16 �ffle- STATE OF IDAHO ) ss: County of ) I HEREBY CERTIFY that on this day of ri , before the undersigned, a Notary Public in the State of Idaho, personally appeared R460- known to me to be the person who executed the said instrument, and ackn ledged to me that he / she 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) ANOERSOI+t Notary Public9TCL Residing at of Idaho My Commission Expires: Ucease Transfer WcaWn 0 0 Page 3 of 5 SCHEDULE A Statement Of Oath Of Personal Qualification, In Connection With The Application For Retail Liquor License Of /tt,,g 7Dwi- (Exact Name of Applk STATE OF IDAHO Ada County contained in application) ', ' _ - : - being first dply sworn on my oath depose and say. That I reside at that I became a bona fide resident of Idaho on (dat i4L "� C'� , ; that I am connected with the above named applicant as: Owner Partner ( ); Member of the Board of Directors ( ); Officer of Corporation ( ); One of the ten principal stockholders ( ); if a stockholder, state amount of shares held ; and if all or any part hypothecated, state number of shares . and to whom ; that I now have, or previously have had, ownership or managerial • interest in the below listed business which are now, or have been licensed to sell liquor by the drink; (If interest has been termin ted, show date of termination). r- i c(icz V11 l (c 1 < e z Itis'�fi' That I have not within three (3) years from the date of this application beerf-3'7C.� convicted of any violation of the Laws of the United States, the State of Idaho, or any other State of the United States, or of the resolutions or ordinances of any county or city of this State, relating to the importation, transportation, manufacture, possession or sale of alcoholic liquor or beer. Date of Arrest Place /of Arrest P �J Cha a Disposition eLOef)' :IAC r/_fii,i amu,>r, _ -?,- A- That I have not been convicted pakl�pny fine, been placed on probation, received a deferred sentence, received a withheld judgment or completed any sentence of confinement for any felony within five (5) ears rior to the dal f th' I' &4 '-" I C":' ttgv e y p e o is app �catfon. That the following is a statement of the occasions within three years when my application for, or my license to deal in alcoholic liquor has been refused, suspended, or revoked. (If none, write "none7). L1ce 8e TmnsW App 0 Page 4 of 5 Date of Refusal, Suspension or Reason for Refusal, Suspension or Revocation Revocation That I am a citizen of the United States: (if naturalized give number and place: That I am not an official, agent, or employe of any distillery, winery, brewery, or wholesaler or jobber of liquor or malt beverages. cam: SCHEDULE C STATEMENT OF THE NAMES OF ALL PERSONS, INDIVIDUAL OR CORPORATE WHO HAVE ANY FINANCIAL INTEREST IN THE BUSINESS TO BE CONDUCTED ON THE PREMISES TO BE LICENSED: (Instructions: Include open loans, mortgages, conditional sales contracts, partnerships, silent partnerships, trusts or other interests, excepting only open trade account incurred in the ordinary course of business). DATE AND NATURE OF INTEREST AMOUNT I�LVF�? �9� 4 e '�j IG j l �C7� GC �j L Z1i C7 CJ CJ In the case of corporate applicant, furnish the following information (list separately if needed): Date and place of incorporation: --*7 K4- Registered Office: _c , �� 11 Names of all members of the Boaw otmt (,� Names of all officers of the corporatiop t. �, KA Names of the ten principal stockholders and amount of stddt Number of Shares Amount of P", held Pay jfaJpe PajO tr Share Authorized capital stock of corporate applicant $ UCW"TrWLgWA n 0 Page 5of5 CA LA CA 0 0 r 02 09 01z52p fl� LIQUOR LICENSE LEASE AGREEMENT THIS LIQUOR LICENSE LEASE AGREEMENT (hereinafter referred to "tease Agreement qr lease" or gthis Agreement") is made and entered into this day of . 1n 2009, by and between Idaho Steakhouse LLC (hereinafter referred to as , and Meridian Mulllgan's, LLC, an Idaho Limited Liability Company (hereinafter referred to as I -arise"). WITNESSETH: WHEREAS, Lessee has opened a business, for the sate of food and drink In Meridian. Idaho (hereinafter referred to as "Premises"); and WHEREAS, Lessor is the owner of a 2008 State of Idaho Retail Alcohol Beverage License (hereinafter referred to as "Liquor LlcensV); and WHEREAS, it Is the intention of the Lessor that the Liquor License be teased to Lessee as part of this lease Agreement and that further, Lessee desires to lease the same from Lessor, upon the terms and conditions hereinafter set forth; NOW THEREFORE, for and In consideration of the mutual covenants and promises contained herein, the parses hereto do hereby agree as follows: 1. RgR_ Tit When used herein, the following terms shall have the following meanings: "Lease" shall mean this Lease Agreement or any amendments or mocrdicttions thereto. " Liabilities" shall mean all obligations of the Lessee under this Leap, and any other obligations of Lessee to the Lessor, its suc onsors and assigns, however created, arising or evidenced, whether direct or Indirect, absolute or contingent, or now or hereafter existing, or due or to Mme due_ "Liquor Llcense" means a license issued by the Director of the Deparbnent of taw Enforcement of Use State of Idaho to a qualified person, under which it eeail be lawful for tate licensee to sell and dispense alcoholic beverages, Including but not limited to liquor by the drink at retail, as provided by law and any and all renewals thereof. Currently the Liquor License Is Identilied by Idahb as Prem_ No: 1 Dense #i433 - "Lessor shall mean the owner of Use License who has leased the License to the Lessee. 2. LEASE OF LIQUOR LICENSE. Lessor does hereby lease to Lessee, and Lessee teases from Lessor, a liquor License over the term of this Lease for use solely at BOt South Main 3tregtt. Meridian, Idaho. Uquor License Lease Ag 4wnw% Pale 1 of 7 0 i o (A) The parties hereto recognize and acknowledge that the liquor license laws of the Sate of Idaho apply to the Liquor License herein leased and which is described in paragraph 1. 3. RENTAL. In consideration of the leasing of the aforesaid Liquor License to Lessee, Lessee agrees to pay rent to Lessor in the amount of Seven Hundred Fifty Dollars ($750) per month payable the first (13t) day of each month, commencing upon completion and approvals necessary to place the license at Lessee's premises. The first month's rent shall be prorated at the rate of 4. 25.00 per day. In addition to the above, Lessee shag pay to Lessor the last month's rent In advance upon signing this Agreement All lease payments shall be paid by Lessee to JINGU GROUP USA. LLC. Lessee further agrees to pay the annual license fees during the term of this Agreement and any applicable costs, charges, taxes, transfer or other fees associated with this transaction, including any casts or fees to transfer the Liquor License to Lessee and to transfer the Liquor License back to Lessor whether charged by Idaho State, Ada County, or Bolas City or the Ung States Bureau of Alcohol, Tobacco and Firearms. 4. TERM This Lease shall commence on the Effective Date and shag continue for 1 (one) year from placement date. This Lease Agreement may be terminated by Lessor at any time In the event Lessee defaults in the performance of Lessee's obligations thereunder. Upon termination, Lessee's rights to possession of the Liquor License shall cease but all other obligations of lessee to Lessor shall survive termination. 5. NOTICES. All payments and notices authorized to be given thereunder shall be served for all purses if delivered personally or if sent by United States certified mail, return receipt requested, addressed to the part in question at the respective address as hereinafter set forth: LESSOR: JINGU GROUP USA. LLC 12-789 W. SHverbrook Boise, ID 83713 LESSEE: Meridian Willman's LLC 601 S. Alain Street Meridian, ID 83642 Or to such other address as may be designated in writing and delivered to the other party. For the purposes of this Lease, a notice served by mad shell be deemed to have been delivered two days after the date mailed, as indicated by the postal service postmark on the certified mag receipt or on the envelope containing the notice. 6. FURTHER ASSURANCES. The parties hereto agree to execute and provide all additional documents necessary to complete and fulfill the intent and purpose of this Liquor Dense Lease Agreement, Page 2 of 7 • 1 • (A) The parties hereto recognize and acknowledge that the liquor license laws of the Sate of Idaho apply to the Liquor License herein leased and which is described in paragraph 1. 3. RENTA In consideration of the leasing of the aforesaid Liquor License to Lessee, Lessee agrees to pay rent to Lessor in the amount of Seven Hundred Fifty Dollars {$750 per month payable the first (1d) day of each month, commencing upon completion and approvals necessary to place the license at Lessee's premises. The first month's rent shall be prorated at the rate of 4. 25.00 per day. In addition to the above, Lessee shall pay to Lessor the last month's rent in advance upon signing this Agreement. All lease payments shall be paid by Lessee to JINGU USA. LLC. Lessee further agrees to pay the annual license fees during the term of this Agreement and any applicable costs, charges, taxes, transfer or other fees associated with this transaction, Including any costs or fees to transfer the Liquor License to Lessee and to transfer the Liquor License back to Lessor whether charged by Idaho State, Ada County, or Boise City or the United States Bureau of Alcohol, Tobacco and Firearms. 4. TEThis Lease shall commence on the Effective Date and shall continue for 1 (one) year from placement date. This Lease Agreement may be terminated by Lessor at any time in the event Lessee defaults in the performance of Lessee's obligations thereunder. Upon termination, Lessee's rights to possession of the Liquor License shag ease but all other obligations of lessee to Lessor shall survive termination. 5. NOT_ ICES. All payments and notices authors to be given thereunder shall be served for all purposes if delivered personally or if sent by United States certified mail, return receipt requested, addressed to the part in question at the respective address as hereinafter set forth: LESSOR: _ JINGU USA. LLC 12789 W. Silverbrook Boise. ID 83713 LESSEE: Meridian Muttigan's LLC 601 S. Main Street hWc an, ID 83642 r Or to such other address as may be designated in writing and delivered to the other party. For the purposes of this Lease, a notice served by mal shall be deemed to have been delivered two days after the date mailed, as indicated by the postal service postmark on the certified mail receipt or on the envelope containing the notice. 6. FURTHER ASSURANCES. The party hereto agree to execute and provide ail additional documents necessary to complete and fulfill the intent and purpose of this Liquor Lkwse Lease Agreement, Page 2 of 7 0 O April 10, 2009 MERIDIAN CITY COUNCIL MEETING April 14, 2009 APPLICANT ITEM NO. 6•G REQUEST 2009 - 2010 Beer, Wine, & Liquor License Renewals 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 Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shag become property of the City of Meridian. 0 Beer, Wine & Liquor License Renewals for Approval by City Council on TUESDAY April 14TH. 2009 Chicago Connection (Rest) 1629 N. Main St. Chicago Connection (Rest) 1935 S. Eagle Rd. Wal-Mart SuperCenter #2862 4051 E. Fairview Ave. Rite Aid #5412 1600 N. Main St. Fred Meyer 1850 E. Fairview Ave. Carino's Italian Kitchen (Rest) 3551 E. Fairview Ave. Maverick Stores #233 1605 Cherry Lane Maverick Stores #343 1545 E. Overland Rd. Bill n Lynns Place 229 W. Franklin Rd. Qdoba Mexican Grill #474 (Rest) 3319 N. Eagle Rd. Qdoba Mexican Grill #473 (Rest) 3068 Overland Rd. Fiesta Guadalajara (Rest) 704 E. Fairview Groove Coffee (Rest) 1800 N. Locust Grove Pier 49 Pizza (Rest) 3665 E. Overland Rd. Meridian Mulligans (Rest) 601 S. Main St. Cafe' Indigo (Rest) 1789 S. Eagle Rd. Beer Beer & Wine Beer & Wine Beer & Wine Beer & Wine Beer & Liquor Beer & Wine Beer & Wine Beer & Liquor Beer & Wine Beer & Wine Beer & Liquor Beer & Wine Beer Beer & Liquor Beer & Liquor m April 10, 2009 MERIDIAN CITY COUNCIL MEETING April 14, 2009 APPLICANT ITEM NO. 6-H REQUEST Resolution -- Amendment to the Pathways Master Plan 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 Contacted: Date: Phone: Emalled: Staff Initials: Materials presented at public meetings shatl become property of the City of Meridian. • 0 CITY OF MERIDIAN RESOLUTION NO. N - G G I BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, AMENDING THE PATHWAYS MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code section 2-2-3(A)(11) charges the Meridian Parks and Recreation Commission with reviewing and commenting on the City's comprehensive plan as it relates to parks and recreation, and the Meridian comprehensive plan includes, by reference, the Pathways Master Plan; WHEREAS, City staff from both the Planning Department and the Parks and Recreation Department reviewed and analyzed the Pathways Master Plan, compared the information contained therein to on -the -ground conditions, determined that the Pathways Master Plan contains some outdated and/or inaccurate information, and proposed amendments to the Pathways Master Plan; WHEREAS, on March 11, 2009, by resolution, the Parks and Recreation Commission directed the Parks and Recreation Director to request that the City of Meridian City Council implement the amendments to the Pathways Master Plan as set forth in the staff report, attached to the Commission's resolution as Exhibit,4 thereto; and WHEREAS, the Mayor and City Council find that it is in the best interest of the health, safety, and welfare of the people of Meridian to implement such amendments to the Pathways Master Plan; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the amendments to the Pathways Master Plan as set forth in Exhibit A to the Commission's March 11, 2009 resolution, attached hereto as Exhibit 1, are hereby accepted and adopted by the Mayor and City Council of the City of Meridian. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this I day of 2009. APPROVED: of: MOj r '9 -or T69afde Weerd ATTEST: �o By: A= L Jaycee an, City Clerk 1j0`� 9�%,-r iSl�®\® RESOLUTION ADOPTING PATHWAYS'M STFA 1i�3N\AMENDMENTS Page I of 1 EXHIBIT I MPR Commission Resolution — March 11, 2009 0 0 C,_ E IDIAN7�, PARKS AND RECREATION COMMISSION A RESOLUTION OF THE PARKS AND RECREATION COMMISSION OF THE CITY OF MERIDIAN, IDAHO, RECOMMENDING THAT THE PATHWAYS MASTER PLAN BE AMENDED. WHEREAS, Meridian City Code section 2-2-3(A)(11) charges the Commission with reviewing and commenting on the city's comprehensive plan as it relates to parks and recreation, and the Meridian comprehensive plan includes, by reference, the Pathways Master Plan; WHEREAS, City staff from the Planning and Parks and Recreation Departments have reviewed and analyzed the Pathways Master Plan, comparing the information contained therein to on -the -ground conditions, and determined that the Plan contains some outdated and/or inaccurate information, as catalogued in the staff report attached hereto as Exhibit A; and WHEREAS, the Commission fmds that providing opportunities for safe, fun, interconnected foot and bicycle travel is in the best interest of the health, safety, and welfare of the people of Meridian, and an up-to-date and accurate Pathways Master Plan is necessary to best facilitate such opportunities; NOW, THEREFORE, BE IT RESOLVED BY THE PARKS AND RECREATION COMMISSION OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: Section 1. That the Parks and Recreation Director shall request that the City of Meridian City Council implement the amendments to the Pathways Master Plan as set forth in the staff report attached hereto as Exhibit A. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ��. ADOPTED by t e Parks and Recreation Commission of the City of Meridian, Idaho, this day of , .11 2009. APPROVED: John Nesmith, President Parks and Recreation Commission RESOLUTION OF PARKS & REc. COMMISSION - AMEND PATHWAYS MASTER PLAN PAGE 1 OF 1 0 0 Exhibit A UPDATE Proposed Pathway Network Revisions March 11, 2009 The Parks and Recreation Director and Planning staff have reviewed the core pathway network as outlined in the City's Pathways Master Plan. This review included an analysis of the network using GIS data, field work, and a review of recently approved developments throughout the City. Through this review, staff identified a series of revisions to the planned network and text descriptions that aim to make the Plan easier to implement, and create a more usable system in the near and long term. Staff recommends the following changes to the Meridian Pathways Master Plan for consideration by the Parks & Recreation Commission: A. MAPS A new "Pathway Network Map" will replace the existing "Pathway Alignments Map" on page 4-2 of the Plan. The new Network Map will show existing pathways, proposed pathways, micro -pathways, alternate/on-street routes, schools, parks, proposed transit stations, and the revised Area of City Impact. The new Network Map will not include bike lanes, proposed bike lanes, bike routes, or pathways proposed in other jurisdictions (as the existing map does), or "Water" (which is in the legend for the Pathway Alignments Map, but not on the map itself). Staff will also prepare new pathway -specific maps that show the vicinity of each pathway in the network. These maps will replace those throughout Chapter 4 of the Plan. The new maps will show existing pathways, proposed pathways, micro -pathways, and alternate/on-street routes that constitute each pathway. Maps will also show schools, parks, the side of a given waterway the relevant pathway segment will ultimately be on, and the revised Area of City Impact. They will not show the South Meridian Study Area (as the existing maps do) or "Water" (which is in the legend for pathway -specific maps in the adopted plan, but not on the maps themselves). B. PATHWAY SPECIFIC CHANGES 1. Five Mile a. Move Segments A — C to north side of creek (SH 16/1\4cMillan Intersection/crossing, fewer creek crossings). Revise map and narrative. b. Segment E — "This portion of the pathway will be primarily the responsibility of the city..." c. Segment J runs along Eight Mile Creek; revise the map with an extension of the pathway along Five Mile Creek (and revise the narrative accordingly). The Eight Mile route creates a good tie-in to Meridian Loop/Ridenbaugh, so it should remain in the network as an unnamed pathway connection. 2. Ten Mile a. Revise narrative for Long -Term route to keep pathway on north side of creek after crossing Cherry. UPDATE - PATHWAYS MASTER PLAN REVISIONS PAGE 1 OF 4 Exhibit A b. Linder crossing in Segment C should be rerouted through (roughly) Harks to run east along Franklin to Linder Intersection, then proceed south along east side of Linder to pick back up on the south side of Creek. This will result in a pathway on both sides of Linder from Franklin south to the Creek. c. Segment E — Plan proposes the pathway switch to east side of creek at Calderwood. Revise map and text to keep it on the west (there is an existing pathway south of Calderwood on west side of creek. There are also fewer homes to negotiate future connection with on west side, although structures near creek bed may be a problem on either side). Add on street alt. route south on E. 5th and southeast on Trinidad, then connect with proposed pathway across empty lot (Updike — R5672290540)(only three property owners to negotiate with rather than 12). Revise narrative accordingly. Existing pathway at Glacier Bay is on west/south side of Creek, and Cabella Creek constructed on east/north side (crossing needed to tie together). d. Segment F — Map routes Locust Grove crossing south to align with Ionia, which will necessitate an additional creek crossing further west. Revise narrative to reflect. e. Segment F — Locust Grove to Eagle: - New Short Term (map and text): Pathway continues south parallel to Locust Grove and cross at Wrightwood; then uses the existing pathway in Bellingham Park Sub to reconnect with the creek. - New Long Term (map and text): There are three unincorporated parcels east of Locust Grove and between Tuscany Lakes Sub and Bellingham Park Sub. When these parcels redevelop, the long term route will connect the existing pathways in Tuscany and Bellingham Park. Two waterway crossings are necessary to make the long term connection; one over Ten Mile Creek (fairly minor) and the second over the Ridenbaugh (not so minor). 3. Meridian Loop a. Segment A — New note in narrative - median breaks and ramps needed at Red Horse. b. Segment O — Revise narrative to reflect map (same as Ridenbaugh F... Bellingham... etc.). c. Segment Q — Revise narrative to cross RWT at Nola (instead of Locust Grove). d. Segment R — Narrative says to parallel South Slough west before heading north along Wingate Lane to Ustick. It should parallel Sough Slough west, then head north to intersect Ustick at Troxel (narrative revision needed). 4. Ridenbaugh a. Segment A — Start pathway on north side of creek — narrative revision needed. b. Segment B — Switch to south side at Black Cat, then add a short term route behind Acreview sub and below southern most point of canal west of Ten Mile (map and text change). Continue west to cross Ten Mile where rerouted Overland intersects. UPDATE - PATHWAYS MASTER PLAN REVISIONS PAGE 2 of 4 0 O Exhibit A c. Segment C — Pathway should cross Ten Mile at the Overland Intersection and continue east along the south side of the canal and on the south side of Overland. Somewhere (roughly) in the first half -mile east of Ten Mile, the pathway will cross over to the north side of the canal (use Overland crossing) and continue east to intersect Linder at around the half mile (a mid -mile collector intersecting Linder is unlikely at this location, so it may make sense to allow the pathway to parallel the canal and cross Linder wherever the canal intersects). Map and text change needed. d. Segment D — Pathway proceeds along northern edge of canal until Stoddard, then crosses to the south side of canal at Stoddard to continue east along existing pathway through Bear Creek neighborhood. The pathway crosses the canal again at Victory to connect with the existing pathway in Strada Bellissima, which proceeds east and intersects with Meridian Road. e. Segment E — The pathway begins at the intersection of Meridian and Victory, paralleling Meridian south to continue the pathway along to south side of the canal. As the pathway approaches Locust Grove it strays slightly from the canal to cross the arterial at Wrightwood and connect with an existing pathway segment in Bellingham Park Subdivision (text change needed). £ Segment F — (Same as Meridian Loop, Segment O) Segment begins at Locust Grove south of the Ridenbaugh with an existing pathway through Bellingham Park Subdivision (Phase 3). A proposed/approved pathway through Bellingham Park No. 4 will connect with another existing pathway in Messina Meadows, still on the south side of the canal. The pathway continues east to Tybalt, where a short on street segment crosses to the north side of the Ridenbaugh, and the pathway remains on that side of the canal past Victory (text change needed). 5. Rail With Trail a. Current short term option routes users north on Meridian to Broadway, then east to connection on Five Mile Creek Pathway. This on street connection should run north on Main (text change needed). 6. Nine Mile a. Segment B — Add on street Alternative Route in narrative that runs east along north side of Ustick to east side of Ten Mile, then south on Ten Mile to existing micro path on south side of creek. b. Segment C — Move pathway to south side of creek from Cherry to RWT (map and text change needed); fewer property owners, and school district owns large portion of needed connection. On street segment on Linder can run on either side of roadway (narrative revision needed — as with Eagle Island). 7. Middle Tap a. Segment B — Narrative reads "The crossing of Star is nearly 3/10 of a mile from the nearest intersection, so a mid -block crossing is recommended." This sentence should be removed. UPDATE - PATHWAYS MASTER PLAN REVISIONS PAGE 3 OF 4 0 O 8. Settlers Canal Exhibit A a. Segments A -B — Move pathway to south side of creek to avoid a new bridge in reaching intersection of McDermott/Ustick (has to cross at Ustick) (map and text change needed). b. Segment C — Keep pathway as on street route/street-side pathway on Ustick to connect to Meridian Loop (map and text change needed). 9. Farr a. Segment A — Continue segment adjacent to Meridian south to Rumple, then proceed south east on south side of creek (map and text change needed). b. Segment B — Cross Amity and switch to opposite side of creek (segment snakes, but pathway stays on same side to Columbia)(map and text change needed). c. Segment D — Change map to reflect text (north side of canal). 10. South Slough a. Segment B — Remove the proposed pathway from Meridian to Highgate (Sweet parcel; north of lateral), and instead use existing micro path in Windham. New bridge over Creason will be needed to connect into existing pathway in Highgate (City responsibility). Pathway would continue along the north/west side of lateral until Baldwin (map and text change needed). b. Segment D — Pathway proceeds south along the west side of Eagle to River Valley. A new bridge will be necessary to cross back to the north side of the creek and the existing pathway in Redfeather Estates Sub; there is a possibility with the future extension of Tahiti (amend text to reflect map). 11. Eagle Island a. Add second connection in text from Meridian/Chinden Intersection. b. Continue connection along Linder from park past I-84. Pathway will run on west side of roadway from 1-84 to Franklin; either side of roadway from Franklin to Chateau; and east side of roadway from Chateau to the park (map and text change needed). 12. Nourse/Lemp a. Segment C — Use existing pathway/service road in Bridgetower rather than micro/on-street combo to reach Brineger parcel (40 acres) and Linder (map and text change needed). UPDATE - PATHWAYS MASTER PLAN REVISIONS PAGE 4 OF 4 April 10, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT April 14, 2009 ITEM NO. 6-1 REQUEST Amendment to Task Order No. 0775 with Brown and Caldwell for Stormwater Pollution Prevention Plan Reviews for $15,000.00 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 pubpC meetings shop become properly of the City of Meridian. TASK ORDER NO. 0775 (AMENDMENT) CITY OF MERIDIAN (OWNER) AND BROWN AND CALDWELL (CONSULTANT) This Amendment is issued by Owner and accepted by the Consultant pursuant to the mutual promises, covenants and conditions contained in the Master Agreement between the above named parties dated November 28, 2006. CITY OF MERIDIAN STORMWATER POLLUTION PREVENTION PLAN REVIEWS AND THIRD PARTY INSPECTIONS PURPOSE The Consultant's scope of services, time of completion and compensation are set forth in "Attachment X. Services shall generally be described as Consulting Services. COMPENSATION The Not -To -Exceed amount for this Amendment to Task Order No. 0775 is Fifteen Thousand and 00/100 dollars ($15,000.00). CITY OF MERIDIAN CONSULTANT BY: /«i�BY: TAMMY WEERD, MAYOR/ BROWN AND CALDWELL Of Atte Approved by City Council: q- JAYCfA HOLMAN, COY K , 0 (Date) ATTACHMENT A TASK ORDER NO. 0775 (AMENDMENT) CITY OF MERIDIAN (OWNER) AND BROWN AND CALDWELL (CONSULTANT) CITY OF MERIDIAN STORMWATER POLLUTION PREVENTION PLAN REVIEWS AND THIRD PARTY INSPECTIONS 600 Gast Riverpark Lane, Suite 210 Boise, Idaho 83706 Tel: 208-336-1340 Fax: 208-3440825 www.brownandcaldwelLcom February 24, 2009 Mr. Max Jensen City of Meridian Public Works Department 33 East Broadway Avenue, Suite 200 Meridian, Idaho 83642 54-133196-001 Subject: Amendment Request for Construction Stormwater Management Plan Implementation, Storm Water Management Stormwater Pollution Prevention Plan Reviews and Third Party Inspections Dear Mr. Jensen: As part of our stormwater management support services, Brown and Caldwell has been performing Stormwater Pollution Prevention Plan (SWPPP) reviews, Third Party Stormwater Management Inspections to provide an independent perspective on the City's compliance with the Construction General Permit (CGP), and compiling compliance information to track City performance. These services are being performed under a contract signed on May 24, 2007 and amended November 20, 2007. Based on conversations with the City and provisions in the contract, the estimated amendment fee of $13,000 for Project Management, SWPPP Reviews and Third Party Inspections was to be used on a time -and -materials basis and Brown and Caldwell was to notify the City when we were approaching the total budget. As of February 1, 2009, Brown and Caldwell has approximately $1,000 left in the contract. Because of the successful implementation of the overall Construction Stormwater Management Plan (CSWMP) completed in October 2007 and updated throughout 2008, continuing SWPPP Reviews and Third Party Inspections on every City Public Works project appears unwarranted. Instead, Brown and Caldwell suggests the City limit SWPPP Audits and Third Party Inspections to large, complex projects with higher potential for instances of non-compliance. Determination of which projects meet these criteria will be done on a case-by-case basis collaboratively between the City and Brown and Caldwell. In addition, Brown and Caldwell completed the first Annual Report on City compliance in 2008. As part of this report, several recommendations were made on how to continue implementation of the program in 2009 along with suggested changes to the program to better meet compliance goals. A portion of the amendment budget will be allocated towards addressing these recommendations. This amendment to the original contract is being submitted for City approval to provide the following services. These services will be provided on projects chosen by the City and Brown and Caldwell that disturb one or more acres of soil and therefore, need to meet the requirements of the CGP. E n a i r o n til e n l a/ E n g i n e e r s & C o a s a l t a n t s Mr. Max Jensen February 24, 2009 Page 2 SCOPE OF WORK Task 1 - Project Management Brown and Caldwell's Project Manager will coordinate directly with the Project Manager for the City, as needed, to identify projects needing inspections, review the inspection reports and budget status. Task 1 includes setting up the project budget and schedule and overall tracking of the work progress. It also includes tracking dates and times of on-site inspections for reporting purposes. Deliverables • Monthly invoice. Task 2 — Initial Review and Comment of Project SWPPP Task 2 includes an initial thorough review of project SWPPP with recommendations on how to address potential areas of non-compliance. Recommendations will come in the form of a comment spreadsheet that identifies specific areas that need correction or modification. The SWPPP review and comment will be completed within 3 days of receipt of the SWPPP. Deliverables • Excel spreadsheet with specific comments on recommended changes or modifications to ensure compliance with the CGP. Task 3 - Performance of Third Party Site Inspections Brown and Caldwell will perform construction site stormwater inspections at projects so designated by the City. Prior to conducting any site inspection, the inspector will become familiar with the project location and specifications that govern the construction site. Inspectors will conduct inspections of all construction sites in a professional manner and document all findings and recommendations within an inspection form. The inspections will be conducted using the following guidelines in accordance with the CSWMP: • Inspections shall be at least every 30 days. • If significant deficiencies are found, a follow-up inspection will occur within 7 days. • Provide to the City and the Responsible Contractor within 48 hours of each inspection written findings and recommendations. • Upon review of the project SWPPP, provide to the City written findings of any necessary changes to the SWPPP or Best Management Practices (BMPs) within 48 hours. • Inspectors will utilize the already existing City Stormwater Inspection form during Third Party Inspections. Brown and Caldwell will provide City management a copy of the inspection report as outlined in the Inspection Program. While Brown and Caldwell can identify deficiencies and suggest solutions in the inspection report, the City is responsible for ensuring the deficiencies are addressed by the Contractor. The City will provide the list of projects that are subject to inspection. The list of projects will be updated every 3 months by the City. \\bcboi02\projects\ 133196 - meridian storm water prog=\—contracts\amendment to swppp 2-23-09.doc Mr. Max Jensen February 24, 2009 Page 3 Deliverables • Inspection reports to the City within 48 hours of the inspection. Task 4 ® CSWMP Support Services Brown and Caldwell will provide support services to the City on questions regarding the CSWMP and address potential changes to the plan as requested by the City. Specifically, this task will focus on pursuing recommendations presented in the first .Annual Construction Stormwater Compliance Report. The recommendations to be pursued within this task will be determined based on conversations with City staff and what is feasible considering the amendment budget. Deliverables • Documentation associated with recommendations pursued by the City. SCHEDULE The following presents a schedule to complete the tasks described in the scope of work. _ ISNOW 1— Project Management 2 — Initial Review and Comment of Project SWPPP Within 3 days of rec elpt of the project SWPPP 3 — Performance of Third Party Site Inspections Once every 30 days with Inspection findings returned within 48 hours 4 — CSWMP Support SeMc es As -Needed from Notice to Prom FEE ESTIMATE The following table provides a summary fee estimate for the scope of services proposed in this amendment. The fee estimate is based on the assumptions developed from our conversations with City staff and our experience with other Third Party Inspection programs. These assumptions are presented in the following section. Brown and Caldwell proposes conducting this work on a time -and -materials basis not to exceed $15,000 with a multiplier of 3.2 applied to our direct labor rates and a 10 percent mark-up on materials and supplies used as part of this effort. 1— Project Management $1, 2— SWPPP Reaiew and Comment of Project SWPPP $1,000 3 — Performance of Third Party Site Inspections $2,500 4 — CSWMP Support Services $10,000 Total $15,000 ASSUMPTIONS The following assumptions were made in preparation of the scope of work and fee estimate: • City will provide a list of projects for which inspections are needed and an updated list every 3 months during project execution. \\bcboi02\projects\133196 -meridian storm water progtam\_contracts\amendment to swppp 2-23-09.doc Mr. Max Jensen February 24, 2009 Page 4 • The Fee Estimate assumes Third Party Inspections, once every 30 days, for one project over the next 6 months. • Brown and Caldwell will utilize the City Storm Water Management Inspection form. • The cost presented in the fee table is on a time -and -materials basis, not to exceed $15,000. Should Brown and Caldwell approach the $15,000 budget for the project, we will notify the City and decide on requirements for additional funds, if needed. • The inspections will be conducted once every 30 days and again within 7 days if significant deficiencies are found. • Each inspection and follow-on report would require 4 hours, including travel time, plus materials. This number is conservative and could be less depending on the size and complexity of the site. For your convenience, we have prepared this Amendment in the form of a Letter Agreement to be performed under the Master Agreement dated November 28, 2006. Should you desire to begin this work immediately, please sign both copies of this Letter Agreement Amendment and return one copy to 600 East Riverpark Lane, Suite 210, Boise, Idaho 83706. The other copy is for your files. Any questions concerning this proposal should be directed to Mr. Steve Burgos at (208) 336-1340. Very truly yours, BROWN AND CALDWELL 4FdqJ-- Jeffrey S. Johnson, Ph.D., P.G. Vice President JSJ:SB:kw ACCEPTED BY THE CITY OF MERIDIAN By: Tammy de Weerd, Mayor Attest: w� � _ x: City Clerk Approved by City Council: -a`+ Date: \\bcboi02\projects\133196 - meridian storm water program\—contracts\amendment to swppp 2-23-09.doc C� Memo 0 To: Karie Glenn; Jaycee Holman; Tara Green; Keith Watts; Kathy Wanner Frorm Max Jensen, Capital Projects Manager CC: Clint Dolsby, P.E., Acting City Engineer Date: 418/2009 Re: Proposed Agenda Item for April 14, 2009 City Council Meeting The Public Works Department respectfully requests the following item be placed on the April 14, 2009 City Council agenda, under Consent Agenda, for Council's consideration: Amendment to Task Order No. 0775 with Brown and Caldwell for Stormwater Pollution Prevention Plan Reviews and Third Party Inspections on Public Works grolects. Task Order No. 0775 was for the professional services to be rendered by Brown and Caldwell for Pollution Prevention Plan Reviews and Third Party Inspections on Public Works projects. The amount for Task Order No. 0775 has been utilized. There is validation for a $15,000 amendment to Task Order No. 0775 to continue the successful services throughout the remaining FY 2009 assisting the City to meet the EPA Construction Stormwater General Permit. Recommended Council Action: The Public Works Department recommends that City Council approves and signs Amendment to Task Order 0775 with Brown and Caldwell. Thank you for your consideration. Please contact me if you have any questions. 0 Page 1 0 0 TASK ORDER NO. 0775 (AMENDMENT) CITY OF MERIDIAN (OWNER) AND BROWN AND CALDWELL (CONSULTANT) This Amendment is issued by Owner and accepted by the Consultant pursuant to the mutual promises, covenants and conditions contained in the Master Agreement between the above named parties dated November 28, 2006. CITY OF MERIDIAN STORMWATER POLLUTION PREVENTION PLAN REVIEWS AND THIRD PARTY INSPECTIONS PURPOSE The Consultant's scope of services, time of completion and compensation are set forth in "Attachment A". Services shall generally be described as Consulting Services. COMPENSATION The Not -To -Exceed amount for this Amendment to Task Order No. 0775 is Fifteen Thousand and 00/100 dollars ($15,000.00). CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR Attest: JAYCEE HOLMAN, CITY CLERK CONSULTANT BY: BROWN AND CALDWELL Approved by City Council: (Date) J ATTACHMENT A TASK ORDER NO. 0775 (AMENDMENT) CITY OF MERIDIAN (OWNER) AND BROWN AND CALDWELL (CONSULTANT) CITY OF MERIDIAN STORMWATER POLLUTION PREVENTION PLAN REVIEWS AND THIRD PARTY INSPECTIONS 0110 1?ast Rit•cgiark Lmr, Suite 210 Boise, Idaho 837110 Tel: 2118-330-13441 Fax: 208-344-082--) brou��ru tdc:Ild�cel l.com February 24, 2009 Mr. Max Jensen City of Meridian Public Works Department 33 East Broadway Avenue, Suite 200 Meridian, Idaho 83642 54-133196-001 Subject: Amendment Request for Construction Stormwater Management Plan Implementation, Storm Water Management Stormwater Pollution Prevention Plan Reviews and Third Party Inspections Dear Mr. Jensen: As part of our stormwater management support services, Brown and Caldwell has been performing Stormwater Pollution Prevention Plan (SWPPP) reviews, 'Third Party Stormwater Management Inspections to provide an independent perspective on the City's compliance with the Construction General Permit (CGP), and compiling compliance information to track City performance. These services are being performed under a contract signed on May 24, 2007 and amended November 20, 2007. Based on conversations with the City and provisions in the contract, the estimated amendment fee of $13,000 for Project Management, SWPPP Reviews and Third Party Inspections was to be used on a time -and -materials basis and Brown and Caldwell was to notify the City when we were approaching the total budget. As of February 1, 2009, Brown and Caldwell has approximately $1,000 left in the contract. Because of the successful implementation of the overall Construction Stormwater Management Plan (CSWMP) completed in October 2007 and updated throughout 2008, continuing SWPPP Reviews and 'Third Party Inspections on every City Public Works project appears unwarranted. Instead, Brown and Caldwell suggests the City limit SWPPP Audits and '11 rd Party Inspections to large, complex projects with higher potential for instances of non-compliance. Determination of which projects meet these criteria will be done on a case-by-case basis collaboratively between the City and Brown and Caldwell. In addition, Brown and Caldwell completed the first annual Report on City compliance in 2008. As part of this report, several recommendations were made on how to continue implementation of the program in 2009 along with suggested changes to the program to better meet compliance goals. A portion of the amendment budget will be allocated towards addressing these recommendations. "This amendment to the original contract is being submitted for City approval to provide the following services. These services will be provided on projects chosen by the City and Brown and Caldwell that disturb one or more acres of soil and therefore, need to meet the requirements of the CGP. L 1: l a ./ 1- f.' r :i J L l: I. - F i ( of . , : 1 1 0 Mr. Mat Jensen February 24, 2009 Page 2 SCOPE OF WORK Task 1 - Project Management 0 Brown and Caldwell's Project Manager will coordinate directly with the Project Manager for the City, as needed, to identify projects needing inspections, review the inspection reports and budget status. 'Task 1 includes setting up the project budget and schedule and overall tracking of the work progress. It also includes tracking dates and rimes of on-site inspections for reporting purposes. Deliverables • Monthly invoice. Task 2 - Initial Review and Comment of Project SWPPP Task 2 includes an initial thorough review of project SWPPP with recommendations on how to address potential areas of non-compliance. Recommendations will come in the form of a comment spreadsheet that identifies specific areas that need correction or modification. The SWPPP review and comment will be completed within 3 days of receipt of the SWPPP. Dellverables • 17 cel spreadsheet with specific comments on recommended changes or modifications to ensure compliance with the CGP. Task 3 - Performance of Third Party Site Inspections Brown and Caldwell will perform construction site stormwater inspections at projects so designated by the City. Prior to conducting any site inspection, the inspector will become familiar with the project location and specifications that govern the construction site. Inspectors will conduct inspections of all construction sites in a professional manner and document all findings and recommendations within an inspection form. The inspections will be conducted using the following guidelines in accordance with the CSWMP: • Inspections shall be at least every 30 days. • If significant deficiencies are found, a follow-up inspection will occur within 7 days. • Provide to the City and the Responsible Contractor within 48 hours of each inspection written findings and recommendations. • Upon review of the project SWPPP, provide to the City written findings of any necessary changes to the SWPPP or Best Management Practices (BMPs) within 48 hours. • Inspectors will utilize the already existing City Stormwater Inspection form during Third Party Inspections. Brown and Caldwell will provide City management a copy of the inspection report as outlined in the Inspection Program. While Brown and Caldwell can identify deficiencies and suggest. solutions in the inspection report, the City is responsible for ensuring the deficiencies are addressed by the Contractor. The City will provide the list of projects that are subject to inspection. The list of projects will be updated every 3 months by the City. \\bcboi()2\pro1ects\ 133196 • meridian storm water pm,4ramLa>nlr;rets\amertdmertt to sappp ? 23-U9.duc 0 0 Mr. Max Jensen February 24, 2009 Page 3 Deliverables • Inspection reports to the City within 48 hours of the inspection. Task 4 - CSWMP Support Services Brown and Caldwell will provide support services to the City on questions regarding the CSWMP and address potential changes to the plan as requested by the City. Specifically, this task will focus on pursuing recommendations presented in the first Annual Construction Stormwater Compliance Report. The recommendations to be pursued within this task will be determined based on conversations with City staff and what is feasible considering the amendment budget. Deliverables • Documentation associated with recommendations pursued by the City. SCHEDULE 'The following presents a schedule to complete the tasks described in the scope of work. 1- Project Management 2— Initial Review and Comment of Project SWPPP Within 3 days of receipt of the project SWPPP 3 — Performance of Third Party Site Inspections Once every 30 days with inspection findings returned within 48 hours 4 — CSWMP Support Services As -Needed from Notice to Proceed FEE ESTIMATE The following table provides a summary fee estimate for the scope of services proposed in this amendment. The fee estimate is based on the assumptions developed from our conversations with City staff and our experience with other 'Third Party Inspection programs. 'These assumptions are presented in the following section. Brown and Caldwell proposes conducting this work on a time -and -materials basis not to exceed $15,000 with a multiplier of 3.2 applied to our direct labor rates and a 10 percent mark-up on materials and supplies used as part of this effort. 1— Project Management $1,500 2 — SWPPP Review and Comment of Project SWPPP $1,000 3 — Performance of Third Party Site Inspections $2,500 4—CSWMP Support Services $10,000 Total $15,000 ASSUMPTIONS The following assumptions were made in preparation of the scope of work and fee estimate: • City will provide a list of projects for which inspections are needed and an updated list every 3 months during project execution. \\bebui02\prnpects\133196- meridian norm water pro}mun\_amirtcts\amendmcnr Io smppp 2 23-u9.doc i 0 Mr. Max Jensen February 24, 2009 Page 4 • 'I'he Fee Estimate assumes "Third Party Inspections, once every 30 days, for one project over the next 6 months. • Brown and Caldwell will utilize the City Storm Water Management Inspection form. • The cost presented in the fee table is on a time -and -materials basis, not to exceed $15,000. Should Brown and Caldwell approach the $15,000 budget for the project, we will notify the City and decide on requirements for additional funds, if needed. • The inspections will be conducted once every 30 days and again within 7 days if significant deficiencies are found. • Each inspection and follow-on report would require 4 hours, including travel time, plus materials. "Phis number is conservative and could be less depending on the size and complexity of the site. For your convenience, we have prepared this Amendment in the form of a Letter Agreement to be performed under the Master Agreement dated November 28, 2006. Should you desire to begin this work immediately, please sign both copies of this Letter Agreement Amendment and return one copy to 600 East Riverpark Lane, Suite 210, Boise, Idaho 83706. The other copy is for your files. Any questions concerning this proposal should be directed to Mr. Steve Burgos at (208) 336-1340. Very truly yours, BROWN AND CALDWELL Jeffrey S. Johnson, Ph.D., P.G. Vice President JSJ:SB:kw ACCEPTED BY THE CI'T'Y OF MERIDIAN By: Tammy de Weerd, Mayor Attest: Aff—di, !T16.44M., . Ciry Clerk Approved by City Council: Date: \\bel�m)io2\proiects\ 13.1196 - meridian storm water prol,>run\_contracts\amendment to swppp ? 13-09.doc 0 0 April 10, 2009 MERIDIAN CITY COUNCIL MEETING April 14, 2009 APPLICANT ITEM NO. 6-1 REQUEST Change Order No. 2 with Star Construction, LLC for Class A Reclaimed Water Disinfection and Distribution for $12,055.05 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: Frnailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER 0 Change Order No.: 2 Project Number. 0654a Date: 4/7/2009 Effective Date: CONTRACTOR: Star Construction, LLC PROJECT: Class A Reclaimed Wastewater Disinfection and Distribution Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: 1) Relocation of heat pump discharge 2) 3) Reason for Change Order: Heat pump discharge needs to be relocated to conform to permit. Attachments: Estimate CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $79,790.00 Original Contract Completion Date: Original Contract Completion Days: Net changes form previous C.O. s.: Net Days change bnn previous C.O's: No. 1 to 1 No. 0 to 2 $7,572.41 Contract Price Prior to this C.O.: Contract Completion Date before this C.O.: $87,362.41 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: $12,055.05 Contract Price with all Approved C.O.'s: Contract Completion Date with all Approved C.O.'s: $99,417.46 RECOMMENDED .- ACCEPTED CTO (CONSTRUCTIO GER) (CONT Date: �. . 09 c Data: ✓ ® / APPROVED: (Cr Y PUR 'aING AG COUNCIL APPROVAL By: Keith Watts , - / �4®s Date: .- ® 10 Date: `���, " APPROVED: (C ATTEST: ow 4f= By: Maya Tammy de IAIrd By City Clerk, Jayde6 H SEPAIL 9 Date: q Date: - T `7--'N1� Star Construction, L.L.C. P.O. Box 157 Star, ID 83669 (208) 286-9198 I lame / Address I City of Meridian 33 E Broadway Ave Meridian, ID 83642 Estimate Date Estimate # 3/30/2009 I 758 Customer Signature Project Description Qty Cost Total CSCO, 4001f 1.5 - class 160 hdpe Pipe with fittings, saddle, eet. Clements , 3/4 " road mix Clements, bedding sand (use native, hand bed) Sod restoration Clements, screened top soil Sprinkler repair, mise Star Construction, Equipment and laborreduced rate Star C Ntruc6on, mobilization 1 20 690 IS I 12 0 736.69 16.7915 0.00 1.652 23.60 175.00 287.50 300.00 736.69 335.83 0.00 1.139.88 424.80 175.00 3,450.00 0.00 This quote based on approximately 330 lineal feet of trenching at 3 foot depth or less TOW $6,262.20 Customer Signature • City of Meridian Public Works Dept. Memo To: Jaycee Holman; Tara Green From: Roxanne Holland, EIT, Staff Engineer CC: Clint Dolsby, P.E., Interim City Engineer Date: April 7, 2009 Re: Proposed Agenda Item for April 14, 2009 City Council Meeting The Public Works Department respectfully requests the following item be placed on the April 14 City Council agenda, under Consent Agenda, for Council's consideration: Chane Order No. 2 for Class A Reclaimed Wastewater Disinfection and Distribution Improvements (construction). Additional work is required for the completion of the Class A Reclaimed Wastewater Disinfection and Distribution Improvements (construction). This change order consists of the following work: Relocate existing heat pump discharge pipe Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 2 for the Class A Reclaimed Wastewater Disinfection and Distribution Improvements project (construction) with Star Construction, LLC, for $12,055.05 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. 0 Page 1 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER 0 Change Order No.: 2 Project Number: 0654a Date: 417/2009 Effective Date: CONTRACTOR: Star Construction, LLC PROJECT: Class A Reclaimed Wastewater Disinfection and Distribution Improvements The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: 1) Relocation of heat pump discharge 2) 3) Reason for Change Order: Heat pump discharge needs to be relocated to conform to permit. Attachments: Estimate CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $79,790.00 Original Contract Completion Date: Original Contract Completion flays: Net changes form previous C.O.'s.: Net Days change form previous C.O: s: No. 1 to 1 No. 0 to Q $7,572.41 Contract Price Prior to this C.O.: Contract Completion Date before this C.O.: $87,362.41 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: $12,055.05 Contract Price with all Approved C.O.'s: Contract Completion Date with all Approved C.O.'s: $89,417.46 R COMMENDED: (CONSTRUCTION MANAGER) ACCEPTED (CONTRACTOR) By: �Ile By: Date: 4,-7 ,-7 . D Date: APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: 0 Star Construction, L.L.C. P.O. Box 157 Star, ID 83669 (208) 286-9198 I Name /Address I City of Meridian 33 E Broadway Ave Meridian, ID 83642 Estimate Date Estimate # 3/30/2009 758 Customer Signature Project Description oty Cost Total CSCO, 4001f 1.5 " class 160 hdpe pipe with fittings, saddle, ect. 1 736.69 736.69 Clements, 3/4 " road mix 20 16.7915 335.83 Clements, bedding sand (use native, hand bed) 0.00 0.00 Sad restoration 690 1.652 1,139.88 Clements, screened top soil 18 23.60 424.80 Sprinkler repair, mise 1 175.00 175.00 Star Construction, Equipment and labor,reduced rate 12 287.50 3,450.00 Star Construction, mobilization 0 300.00 0.00 This quote based on approximately 330 lineal feet of trenching at 3 foot depth or less Total $6,262.20 Customer Signature 0 0 Star Construction, L.L.C. P.O. Box 157 Star, TD 83669 (208) 286-9198 I Name /Address I City of Meridian 33 E Broadway Ave Meridian, ID 83642 Estimate Date Estimate # 4/2/2009 759 Customer Signature Project Description Qty cost Total CSCO, 4" pipe and fittings, grout, 4x12 service saddle 1 135.70 135.70 CSCO, filter fabric 560 0.177 99.12 Amcor, 30" cb,solid W, 2" grade ring l 867.30 867.30 Clements, 2" drain rock 15 18.88 283.20 Clements, haul off 20 4.72 94.40 Sod restoration 190 1.652 313.88 Clements, screened top soil 5 23.60 118.00 Sprinkler repair, misc 0 175.00 0.00 Star Construction, Equipment and labor,reduced rate 13.5 287.50 3,881.25 Star Construction, mobilization 0 300.00 0.00 Total $5,792.85 Customer Signature 0 April 10, 2009 0 MERIDIAN CITY COUNCIL MEETING April 14,2M9 APPLICANT ITEM NO. 6-K REQUEST Task Order with Civil Survey Consultants, LLC for the Ten Mile Road Cherry Lane to Ustick Utility Improvement Project in Conjunction with ACHD Project Number 503023 RD 188 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 t CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Matefla s presented at public meetings shall become properly of the City of Meridian. I� 0 M TASK ORDER NO. 0642C CITY OF MERIDIAN (OWNER) WED CIVIL SURVEY CONSULTANTS INC. (ENGINEER) This Task Order is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated November 8, 2006. CITY OF MERIDIAN TEN MILE ROAD (CHERRY LANE TO USTICK ROAD) UTILITY IMPROVEMENTS PURPOSE The Engineer's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Engineering Consulting Services. TASK 0642C — Design and Construction Per the City's request, the Engineer will provide professional engineering services related to the design of adjustments to the existing water and sewer systems and the design of new Class A reuse main to be constructed in conjunction with Ada County Highway District Project No. 503023 RD188. The engineer proposes to provide the following under this scope of services: A. Water System Improvements: 1. Adjust approximately thirty-three existing valve boxes to grade. 2. Adjust approximately 15 water mains or water services where conflicts exist with new storm drain or irrigation pipes. 3. Remove and relocate two fire hydrants. 4. Install one new fire hydrant. 5. Design service extensions as requested to parcel at 2220 Ten Mile Road. B. Sewer System Improvements: 1. Extend existing sewer stub at 2220 Ten Mile Road to the new right-of-way line. 2. Design service extension as requested to parcel at 2220 Ten Mile Road. 0 0 C. Class A Reuse Improvements: 1. Design approximately 5700 lineal feet of 16" main in Ten Mile Road within ACHD project limits. 2. Design approximately 500 additional lineal feet of 16" main outside of the project limits to extend the system to the cities wastewater treatment plant entrance. Topographic survey will be completed as required to extend main outside roadway project limits. 3. Design approximately 500 additional lineal feet of 16" main outside of the project limits to extend the system south through the Cherry Lane and Ten Mile Road Intersection. Topographic survey will be completed as required to extend main outside roadway project limits. 4. Design stubs that extend to the east on Ustick Road and to the west on Muirfield Drive. Stubs shall be extended to the roadway project limits. D. Street Lights: 1. Relocate eight existing street lights. Engineer will send a letter to the property owner at 2220 Ten Mile Road advising them of the project. The letter will advise them that the City will install a service stub to their property at their request. Plans will be prepared once the City has obtained permission from ACHD to use their electronic files of the roadway design for utility design purposes. The City will request that ACHD add the new utilities to their Army Corps of Engineer 404 permit application for Nine Mile Creek. Engineer will prepare and submit Five Mile Creek crossing 404 permit application to Army Corps of Engineer and Idaho Department of Water Resources. We anticipate that a license agreement will be required from the appropriate irrigation District for the Class A reuse main in Ten Mile Road crossing Nine Mile Creek and Five Mile Creek. Engineer will prepare any documents required for the license agreement for execution by the City of Meridian and Irrigation District and will coordinate execution of the agreement. Any license fees will be paid by the City of Meridian. Engineer will submit the plans to ACHD and QLPE for review and approval prior to construction. A copy of the plans will also be sent to Qwest Communications, Intermountain Gas Company, Cable One, and Idaho Power Company for review prior to construction. Engineer will prepare one set of plans and specifications for the City's use in bidding and constructing the project. Engineer will assist the City of Meridian in advertising the project for bids, be available to answer questions during the pre bid period, attend the bid opening, and assist in the award of the contract. All construction contracting, administration, and inspection will be provided by the City of Meridian It will be the City's responsibility to negotiate and execute the Joint Effort Agreement for construction with ACRD. 0 0 Engineer proposes to provide 40 -scale plans on 22"x34" sheets. Plan set will include a cover sheet, a general note sheet, ten plan and profile sheets, and two city standard detail sheets. The total set is anticipated to include 14 sheets. Record drawings will also be prepared as per the City of Meridian Acceptance of Record/Electronic Drawings requirements dated February 7, 2007. The engineer will provide one set of construction stakes for fire hydrants, blow -offs, service stubs, new mainline valves, and relocated street light locations as shown on plans. TIME OF COMPLETION Engineering services will be completed as needed to construct improvements in conjunction with Ada County Highway District Project No. 503023 RD188. COMPENSATION The Not -To -Exceed amount for this Task Order No. 0642C is Forty -Five Thousand Seventy dollars ($45,070.00). The hourly rate for services and direct expenses is per the previously approved Prevailing Fee Schedule Effective October 1, 2006, and by this reference made a part hereof. Construction services are not covered under this Task Order. CITY OF MERIDIAN BY: TA .. Yde WARD, MAYOR ENGINEER By:,- ITMOTHYAlBURGE , VICE PRESIDENT 0 0 Civil Survey Consultants Man -Hour And Fee Estimate City of Meridian Task Order #642C Ten Mile Road - Cherry Lane to Ustick Task Description Project Manager Design Engineer I Technician I Technician 11 GPS Total = $1,050.00 Design Engineer 1 392.00 @ $85.00 = $33,320.00 Design/Survey Technician 1 56.00 @ 1. Coordination and Meetings 6 16 56.00 @ $65.00 = $3,640,00 22 2. Cover Sheet (1) 4 Labor Subtotal 514.00i i 4 3. General Note Sheet (1) 4 4 4. Plan and Profile Sheet (10) 200 200 5. Standard Detail Sheets (2) 4 4 6. Special Provisions & Estimate 20 20 7. ACRD Coordination 8 8 8. Property Owner Coordination 8 8 9. Review and Approval 4 16 20 10. License Agreement 32 32 11. Topo Survey 20 16 16 16 68 12, Shop Drawing Review 12 12 13, Construction Staking 24 24 24 72 14. Record Drawings 24 16 16 16 72 15. Remove Items from ACHD Plans 24 24 Total Man -Hours 10 392 56 56 56 570 Classification Hours Rate Total Project Manager 10.00 @ $105.00 = $1,050.00 Design Engineer 1 392.00 @ $85.00 = $33,320.00 Design/Survey Technician 1 56.00 @ $70.00 = $3,920.00 Design/Survey Technician 11 56.00 @ $65.00 = $3,640,00 Labor Subtotal 514.00i i $41,930.00 Classification Hrs/Miles Rate Total Misc. Printing $400.00 GPS 56.00 @ $40.00 = $2,240.00 Irrigation District Lawyer Fees $500.00 Direct Subtotal $3,140.00 Total Estimated Fees taskorder0642C.xls $45,070.00 10 Internal Memo 0 Frone Denny Cline, Development Analyst II CC: File, Clint Dolsby, Karie Glenn, Kyle Radek, Scott Steckline, Tom Barry Date: 4/7/09 Re: Proposed Agenda Item for April 14, 2009 City Council Meeting The Development Services Division of the Public Works Department respectfully requests the following item be placed on the April 14, 2009 City Council Consent Agenda, for Council's consideration: Ten Mile Road —Cherry Lane to Ustick Rd. Utility Improvement Proiect In Conjunction with ACHD Project Number 503023 RD188. Attached is a Task Order with Civil Survey Consultants Inc. for the design of appro)amately 6700 L.F. of wastewater reuse piping in Ten Mile Road. The task order is for $45,070.00. Recommended Council Action: The Development Services Division of the Public Works Department recommends that City Council approve and sign the Task Order with Civil Survey Consultants Inc. for the Ten Mile Road — Cherry Lane to Ustick Rd. Utility Improvement Project In Conjunction with ACHD Project Number 503023 RD188 project Thank you for your consideration. Please contact me should you have any questions or concerns regarding this item. From the desk of.. Denny Cline Development Analyst 11 Meridian Public Works Depatnent 33 E Broadway Ave., Supe 102 Meridian, Idaho 83642 (208) 898-5500 Fax (208) 887-1297 0 Page 1 0 0 CEIVI D TASK ORDER NO. 0642C MAR 2 5 Zoog CITY OF MERIDIAN (OWNER) RY; U1ZII7 CIVIL SURVEY CONSULTANTS INC. (ENGINEER) This Task Order is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated November 8, 2006. CITY OF MERIDIAN TEN MILE ROAD (CHERRY LANE TO USTICK ROAD) UTILITY IMPROVEMENTS PURPOSE The Engineer's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as Engineering Consulting Services. TASK 0642C — Design and Construction Per the City's request, the Engineer will provide professional engineering services related to the design of adjustments to the existing water and sewer systems and the design of new Class. A reuse main to be constructed in conjunction with Ada County Highway District Project No. 503023 RD188. The engineer proposes to provide the following under this scope of services: A. Water System Improvements: 1. Adjust approximately thirty-three existing valve boxes to grade. 2. Adjust approximately 15 water mains or water services where conflicts exist with new storm drain or irrigation pipes. 3. Remove and relocate two fire hydrants. 4. Install one new fire hydrant. 5. Design service extensions as requested to parcel at 2220 Ten Mile Road. B. Sewer System Improvements: 1. Extend existing sewer stub at 2220 Ten Mile Road to the new right -of --way line. 2. Design service extension as requested to parcel at 2220 Ten Mile Road. C. Class A Reuse Improvements: 1. Design approximately 5700 lineal feet of 16° main in Ten Mile Road within ACHD project limits. 2. Design approximately 500 additional lineal feet of 16° main outside of the project limits to extend the system to the cities wastewater treatment plant entrance. Topographic survey will be completed as required to extend main outside roadway project limits. 3. Design approximately 500 additional lineal feet of 160 main outside of the project limits to extend the system south through the Cherry Lane and Ten Mile Road Intersection. Topographic survey will be completed as required to extend main outside roadway project limits. 4. Design stubs that extend to the east on Ustick Road and to the west on Muirfleld Drive. Stubs shall be extended to the roadway project limits. D. Street Lights: 1. Relocate eight existing street lights. Engineer will send a letter to the property owner at 2220 Ten Mile Road advising them of the project. The leiter will advise them that the City will install a service stub to their property at their request. Plans will be prepared once the City has obtained permission from ACHD to use their electronic files of the roadway design for utility design purposes. The City will request that ACHD add the new utilities to their Army Corps of Engineer 404 permit application for Nine Mile Creek. Engineer will prepare and submit Five Mile Creek crossing 404 permit application to Army Corps of Engineer and Idaho Department of Water Resources. We anticipate that a license agreement will be required from the appropriate Irrigation District for the Class A reuse main in Ten Mile Road crossing Nine Mile Creek and f=ive Mile Creek. Engineer will prepare any documents required for the license agreement for execution by the City of Meridian and Irrigation District and will coordinate execution of the agreement. Any license fees will be paid by the City of Meridian. Engineer will submit the plans to ACHD and QLPE for review and approval prior to construction. A copy of the plans will also be sent to Qwest Communications, Intermountain Gas Company, Cable One, and Idaho Power Company for review prior to constructlon. Engineer will prepare one set of plans and specifications for the City's use in bidding and constructing the project. Engineer will assist the City of Meridian in advertising the project for bids, be available to answer questions during the pre bid period, attend the bid opening, and assist in the award of the contract. All construction contracting, administration, and inspection will be provided by the City of Meridian It will be the City's responsibility to negotiate and execute the Joint Effort Agreement for construction with ACHD. :7 J Engineer proposes to provide 40 -scale plans on 22°x34° sheets. Plan set will include a cover sheet, a general note sheet, ten plan and profile sheets, and two city standard detail sheets. The total set is anticipated to include 14 sheets. Record drawings will also be prepared as per the City of Meridian Acceptance of Record/Electronic Drawings requirements dated February 7, 2007. The engineer will provide one set of construction stakes for fire hydrants, blow -offs, service stubs, new mainline valves, and relocated street light locations as shown on plans. TIME OF COMPLETION Engineering services will be completed as needed to construct Improvements in conjunction with Ada County Highway District Project No. 503023 RD 188. COMPENSATION The Not -To -Exceed amount for this Task Order No. 0642C is Forty -Five Thousand Seventy dollars ($45,070.00). The hourly rate for services and direct expenses is per the previously approved Prevailing Fee Schedule Effective October 1, 2006, and by this reference made a part hereof. Construction services are not covered under this Task Order. CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR Attest: JAYCEE HOLMAN, CITY CLERK Approved by City Council: (Date) ENGINEER BY Z&d- ITMUTWAIBURGEtS, VICE PRESIDENT 0 Civil Survey Consultants Man -Hour And Fee Estimate City of Meridian Task Order #642C Ten Mile Road - Cherry Lane to Ustick 0 Task Description Project Manager Design Engineer 1 Technician I Technician II GPS Total = $1,050.00 Design Engineer 1 392.00 $85.00 - $33,320.00 Design/SurveyDesign/Survey Technician 1 56.00 @ 1. Coordination and Meedngs 6 16 56.00 a $65.00 = $3,640.00 22 2. Cover Sheet 4 Labor Subtotal 1 514.001 i$41,930.00 4 3. General Note Sheet 1 4 4 4. Plan and Profile Sheet 10 200 200 5. Standard Detail Sheets 2 4 4 6. Special Provisions & Estimate 20 20 7. ACHD Coordination 8 8 8. ProCromer Coordination 8 8 9. Review and 82eroval 4 16 20 10. License Agreement 32 32 11. Topo Survey 20 16 16 16 66 12. Shop Drawing Review 12 12 13. Construction Staking 24 24 24 72 14. Record Drawings 24 16 16 16 72 15. Remove Items from ACHD Plans 24 24 Total Man -Hours 10 392 56 58 56 570 Classification Hours Rate Total Project Manager 10.00 911 $105.00 = $1,050.00 Design Engineer 1 392.00 $85.00 - $33,320.00 Design/SurveyDesign/Survey Technician 1 56.00 @ $70.00 - $3,920.00 Design/SurveyDesign/Survey Technician 11 56.00 a $65.00 = $3,640.00 Labor Subtotal 1 514.001 i$41,930.00 Classification Hrs/Miles Rate Total Misc. Printing $400.00 GPS 56.00 Q $40.00 = $2,240.00 irrl abon District LnWr Fees $500.00 Direct Subtotal $3,140.00 Total Estimated Fees taskarder0642C.)ds $45,070.00 0 April 10, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST and Red( April 14, 2009 ITEM NO. 6-L Change Order No. 1 with McLeran Well Ddiling for Well #8 Cleaning felopment for $28.985.00 _ 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 Contacted: Date: Phone: Emailed: Staff Initials: Materbis presented at public meetings stmB become Properly of the City of Meridian. MY OF NIERDIM MERIDIAX, ID GM CONTRACT CHANGE ORDER 0 Oharger[]rdar-1+1oe 1 PFNad Nwbar: 07mm Oah,t 40200 Effsaft Mac 00WRAC M OIcL wan 1111'all Drilling LI.0 FROJF=: t dl 18 Clearlin® and Radevelapnleat The C9or4 radw b bl MW MmdW b m hn 1hs Noilawbp is wngm fmm No Cwhaa d Ooain awAs and Plena. ovewlanc 1) Wei dBAbsWermant 2) Labor ra**WforWofFelmiltimbnwort 3) 4) 0 Haab icor Ch,aaige Order: AddManli work was required in the srhbarnpb rehabfto lite well. The Well was rd able b be rehabilbllted and abalwkwnentys required. Alw*mede: Emal imm Hydra Lcglc� Inc. explelhing dwVm olydera. CHANGE EI CON7RACr PRICE CHANGE IN CONTRACTIMM 04p al Oantmckpmw: $12.400.tl0 "kW CanMot;;;'BmtMe: Orl�iiel COnbatCtAarlplaean Fbt dtlanpm toanc pmrioum G� �s Days eharpe ionm pmdeios �fi'b: w. 4 Nat to 2 3tI.01I 6act pdw Poor is 9f1a c O_ COnhact Gsmp dcn Dale bmb thb C.O: $IZ400.00 Not lnwm m Cftc ma )d /da CLOL: Not Day® I(dw avaas) of M CA: $29,905.00 Cunty .-t PA= idfh a7 Applsuad =b: Ca r&fim Data vAh all ApWm-md CLO.1c $41,UTAD syF�YI�hDTix (Ct7NS7EdlDGTIGN M11W4 ADC8alW (Ct]IMIItiJU71CFQ IIIIIN APFR[7t+f ED: {d1YrUFNti C+0uh1CIL APPF10AtJtiL CrrQ,q•`% 10 J* Koh Wg rF OEM:/ — = - I OVER - 91r• IWay�orr Tommy de td M Cladr. &H �,,� O,� r 1s �•�` `�,�` �J Clint Worthington From: Ed Squires [ed@hydrologicinc.net] Sent: Monday, April 06, 2009 1:49 PM To: Clint Worthington Cc: Kyle Radek Subject: 4-6-2009 Meridian Wells #8 Abandonment Change Orders Importance: High 0 Page 1 of 2 Attachments: McLeran Meridian Well #8 Abandonment March 6, 2009 Invoice to City.doc; McLeran Meridian Well #8 February 7, 2009 Invoice to Clty.doc; 4-13-2009 Meridian #8 check stub for partial payment.bd IW2g µ._,�g�g�„,,n q� qy� a� ryF��q \ � ,C) t Frane�gERM est. 3kEoise�r .6..1,9 83702 (209)342.783.61) ax-.4ft�`.3.!-°�=s'•� §Ft�E� Clint and Kyle, I have the following budget synopsis of the City of Meridian Well #8 abandonment project: 1) REHABILITATION OF THE WELL #8: a. This project was originally conceived as a well rehabilitation project. b. The idea was to rejuvenate the well to be used for irrigation of the Main Street landscaping. c. The budget and contract for the project were conceived from this scope of work. d. A camera survey of the well showed the walls of the well were thickly encrusted so that the condition of the casing could not be inspected. e. As part of the rehabilitation, McLeran Well Drilling scraped and wire -brushed the casing walls. f. A re -inspection by camera, with the encrustation removed, showed the casing was severely corroded with many corrosion holes. g. Indeed, large volumes of sand were entering the well as McLeran tried to bail the well. h. We concluded the well was ruined and recommended that the City change from a rehabilitation project to an abandonment project. i. The work accomplished by McLeran for the rehabilitation is a prerequisite for the abandonment so no time was lost there. j. With McLeran having to deal with the caving sands, the rehabilitation project budget of $12,400 was exceeded by $3,412.50. k. Total cost of the scraping, brushing, and bailing portion of the project is $15,812.50. 1. McLeran did a fine job of this work and his invoice is approved by HLI for payment. m. McLeran was paid the amount of his original contract ($12,400) so he is currently owed $ 3,412.50 2) ABANDONMENT OF THE WELL #8: a. McLeran moved into the abandonment job alter a significant hiatus of the City deciding what to do with this well. b. Owing to the length of time between jobs, McLeran had to move his rig off and back on so we incurred another mobilization fee ($2,500). c. The abandonment work progressed without incident taking only about 20 hours at very reasonable cost. 4/9/2009 0 0 Page 2 of 2 d. The materials bill, however, was substantial ($ 18,830) owing to the hole taking 38 cubic yards of bentonite grout to seal the well. e. Because 27 cubic yards should have filled the hole, we know that a 10 cubic yard void space was present behind the well casing. f. The grout overage totaled $ 5,000 by itself. g. Total cost of the abandonment part of the project is $ 25,572.50. h. McLeran performed this work very well for the City and his invoice is approved by HLI for payment. i. The well is properly plugged and no longer serves as a liability to the City or the water resource. 3) BUDGET ANALYSIS: Initial scraping, brushing, and bailing = $ 15,812.50 - Invoice No 1 and payment by City = $12,400.00 Balance owed to McLeran = $ 3,412.50 Abandonment cost = $ 25,572.50 Balance due McLeran = 3412.50 Total amount due McLeran $ 28,985.00 Total project cost = $ 41,385.00 - eyip-44-p-a3moLiq McLeran= $12,400.00 Total amount of change order = $ 28,985.00 4/9/2009 0 0 M,-,..emo To: Jaycee Holman; Tara Green Frere Clint Worthington, P.E., Staff Engineer CC: Kyle Radek, P.E., Assist. City Engineer Data April 6, 2009 Re: Proposed Agenda Item for April 14, 2009 City Council Meeting The Public Works Department respectfully requests the foilowing item be placed on the April 14 City Council agenda, under Consent Agenda, for Council's consideration: Chance Order No. 1 for Well #8 Cleanina and Redevelopment. Additional work required for the attempt to redevelop well # 8 and required abandonment. The well was not able to be redeveloped and was concluded that it needed to be abandoned. This change order consists of the following work • Additional labor required in attempt to redevelopment well • Well abandonment Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No.1 for the Well #8 Cleaning and Redevelopment with McLaren Well Drilling, for $28,985.00 and authorize the Mayor to sign it, Thank you for your consideration. Please contact me if you have any questions regarding this item. 0 Page 1 C� 4ll:;:._.i. =k L Change Order No.: 1 Project Number: 0760a Date: 4/6/2009 Effective Date: CONTRACTOR: McLeran Well Drilling LLC PROJECT: Well #8 Cleaning and Redevelopment The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: 1) Well #8 Abandonment 2) Labor required for Well Rehabilitation effort 3) 4) 5) Reason for Change Order: Additional work was required in the attempt to rehabilitate the well. The Well was not able to be rehabilitated and abandonment was required. Attachments: Email from Hydro Logic, Inc. explaining change orders. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $12,400.00 Original Contract Completion Date: Original Contract Completion Days: Net changes form previous C.O's.: Net Days change form previous C.O's: No. 0 to 0 NO. 0 to 0 $0.00 Contract Noe Prior to this C.O.: Contract Completion Date before this C.O.: $12,400.00 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: $28,985.00 Contract Price with all Approved C.O.'s: Contract Completion Date with all Approved C.O. s: $41,385.00 RECOMMENDED: (CONSTRUCTION MANAGER) ACCEPTED (CONTRACTOR) Date: & /® Date: APPROVED: (CnY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: 0 Clint Worthington From: Ed Squires fed@hydrologicinc.net] Sent: Monday, April 06,2009 1:49 PM To: Clint Worthington Cc: Kyle Radek Subject: 4-6-2009 Meridian Wells #8 Abandonment Change Orders Importance: High 0 Page 1 of 2 Attachments: McLeran Meridian Well #8 Abandonment March 6, 2009 Invoice to City.doc; McLeran Meridian Well #8 February 7, 2009 Invoice to City.doc; 4-13-2009 Meridian #8 check stub for partial payment.bd 1(YJ . Fr,uddn St, Boise. jr _�'17Q ( 81342-8369 ._Fax: (208) 3 2-31W :-11J-.(2Q,8.)-03 J --6' 83 Clint and Kyle, I have the following budget synopsis of the City of Meridian Well #8 abandonment project: 1) REHABILITATION OF THE WELL #8: a. This project was originally conceived as a well rehabilitation project. b. The idea was to rejuvenate the well to be used for irrigation of the Main Street landscaping. c. The budget and contract for the project were conceived from this scope of work. d. A camera survey of the well showed the walls of the well were thickly encrusted so that the condition of the casing could not be inspected. e. As part of the rehabilitation, McLeran Well Drilling scraped and wire -brushed the casing walls. f. A re -inspection by camera, with the encrustation removed, showed the casing was severely corroded with many corrosion holes. g. Indeed, large volumes of sand were entering the well as McLeran tried to bail the well. h. We concluded the well was ruined and recommended that the City change from a rehabilitation project to an abandonment project. i. The work accomplished by McLeran for the rehabilitation is a prerequisite for the abandonment so no time was lost there. j. With McLeran having to deal with the caving sands, the rehabilitation project budget of $12,400 was exceeded by $3,412.50. k. Total cost of the scraping, brushing, and bailing portion of the project is $ 15,812.50. 1. McLeran did a fine job of this work and his invoice is approved by HLI for payment. m. McLeran was paid the amount of his original contract ($12,400) so he is currently owed $ 3,412.50 2) ABANDONMENT OF THE WELL #8: a. McLeran moved into the abandonment job after a significant hiatus of the City deciding what to do with this well. b. Owing to the length of time between jobs, McLeran had to move his rig off and back on so we incurred another mobilization fee ($2,500). c. The abandonment work progressed without incident taking only about 20 hours at very reasonable cost. 4/9/2009 0 0 Page 2 of 2 d. The materials bill, however, was substantial ($ 18,830) owing to the hole taking 38 cubic yards of bentonite grout to seal the well. e. Because 27 cubic yards should have filled the hole, we know that a 10 cubic yard void space was present behind the well casing. f. The grout overage totaled $ 5,000 by itself. g. Total cost of the abandonment part of the project is $ 25,572.50. h. McLeran performed this work very well for the City and his invoice is approved by HLI for payment. i. The well is properly plugged and no longer serves as a liability to the City or the water resource. 3) BUDGET ANALYSIS: Initial scraping, brushing, and bailing = $15,812.50 — Invoice No. 1 and Dayment by City = $12,400.00 Balance owed to McLeran = $ 3,412.50 Abandonment cost = $ 25,572.50 Balance due McLeran = 3412.50 Total amount due McLeran $ 28,985.00 Total project cost = $ 41,385.00 Previous ."aent to McLeran 12 400.00 Total amount of change order = $ 28,985.00 4/9/2009 �cq C 80 '!! CZicK m R 0 m opo 2. Wgo CL to w C" r 0 April 10, 2009 MERIDIAN CITY COUNCIL MEETING April 14, 2009 APPLICANT ITEM NO. X M REQUEST Subrecipient Agreement for Meridian Food Bank for PY07 Community Development Block Grant Funds 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 Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 1] 0 SUBRECIPIENT AGREEMENT FOR USE OF PY07 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT is entered into this Irday of April, 2009, by and between the City of Meridian ("City"), a municipal corporation organized under the laws of the State of Idaho, and Valley Shepherd Nazarene Compassionate Ministries Center, Inc., dba Meridian Food Bank, a nonprofit, charitable corporation organized under the laws of the State of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e. Community Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient provides a public service to families and individuals in the Meridian area by providing food to those in need, which activity complements the objectives of the CDBG program; and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of CDBG funds in Subrecipient's programming for Program Year 2007; NOW, THEREFORE, it is agreed by the parties hereto as follows: I. STATEMENT OF WORK A. Purpose. Subrecipient agrees that it shall use City's PY07 CDBG funds in the amount of ten thousand dollars ($10,000) for supplies and/or materials related to the purchase of food and supplies for distribution at the Meridian Food Bank, located at 15 E. Bower Street, Meridian, Idaho. Subrecipient shall be responsible for administering its PY07 CDBG funds in a manner satisfactory to City and consistent with any and all standards required as a condition of providing these funds. B. National Objective. Subrecipient certifies that the activities carried out with City's PY07 CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives. Specifically, Subrecipient's activities under this agreement shall provide a new public service (24 CFR § 570.201(3)) to limited clientele (24 CFR § 570.208(a)(2)). C. Levels of accomplishment. This project will include labor, supplies, and materials. In addition to the normal administrative services required as part of this Agreement, Subrecipient agrees to document and report on each and all of the following outcomes: 1. Family size (number of individuals) of each person or household assisted; and 2. Household income of each person or household assisted; 3. Race/ethnicity of individuals assisted; 4. Number of individuals gaining new access to services provided; and PY07 SUBRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 1 OF 14 5. Number of individuals gaining improved access to services provided. D. Staffing not funded. Subrecipient agrees that no CDBG funds will be utilized for staffing. E. Performance Monitoring. City will monitor the performance of Subrecipient against goals and performance standards required herein. Substandard performance as determined by City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen (14) days after being notified by the City, Agreement suspension or termination procedures will be initiated. F. Time of Performance. Services of Subrecipient under this Agreement shall start on or before May 1, 2009 and shall be completed by September 30, 2009. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other assets, including program income. G. Progress Reports. Subrecipient shall submit regular Progress Reports to City in the form, content, and frequency as required by City. Subrecipient shall submit the first Progress Report to City within seven (7) days of July 1, 2009. If Progress Reports are delinquent, draw requests will not be processed until the delinquency is cured. Progress Reports must contain information on outcome -based measurements as outlined in this Agreement. II. ADNHMSTRATIVE REQUIREMENTS A. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.506. B. Financial Management. 1. Budget. Subrecipient agrees that it shall use City's PY07 CDBG funds in the amount of ten thousand dollars ($10,000) for supplies and/or materials related to the purchase of food and supplies for distribution at the Meridian Food Bank, located at 15 E. Bower Street, Meridian, Idaho. City may require a detailed budget breakdown, and Subrecipient shall provide such information in a timely fashion, and in the form and content prescribed by City. 2. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. 3. Accounting Standards. Subrecipient agrees to comply with 24 CFR §§ 84.21 through 84.28, and further agrees to: adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary PY07 SUBRFciPmNC AGREEMENT - MERIDIAN FOOD BANK PAGE 2 of 14 0 0 source documentation for all costs incurred. 4. Cost Principles. Subrecipient shall administer its program in conformance with OMB Circular A-122, "Cost Principles for Non -Profit Organizations." These principles shall be applied for all costs incurred, whether charged on a direct or indirect basis. 5. Certification of financial management system. Payments shall be contingent upon HUD's certification of Subrecipient's financial management system in accordance with 24 CFR § 84.21. 6. Subrecipient Orientation Workshop. Subrecipient agrees to meet with City's CDBG Program Administrator prior to submitting the first draw request to City. City will not process draw requests unless and until the Subrecipient attends this meeting. C. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specified in 24 CFR § 570.506, and: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 24 CFR §§ 84.21 through 84.28 and 570.502; g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K, except that Subrecipient does not assume City's responsibilities under 24 CFR § 570.604 and part 52. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement. Records for non -expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. If, prior to the expiration of the five-year period, PY07 SuBRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 3 of 14 o 0 any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. 3. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available for review upon City's request. 4. Disclosures. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income. 6. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty (30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning audits and as applicable, OMB Circular A-133. D. Reporting and Payment Procedures. 1. Program Income. Subrecipient shall report monthly all program income as defined at 24 CFR § 570.500(a) that is generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by Subrecipient PY07 SUBRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 4 OF 14 0 0 shall comply with the requirements set forth at 24 CFR § 570.504. By way of further limitations, Subrecipient may use such income during the Agreement period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to City at the end of the Agreement period. Any interest earned on cash advances from the U.S. Treasury is not program income and shall be remitted promptly to City. At the end of the program year, City may require remittance of all or part of any program income balances, including investments thereof, held by Subrecipient, except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for section 108 security needs. 2. Indirect Costs. Indirect costs are not eligible for CDBG funding. 3. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 4. Draw requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed ten thousand dollars ($10,000). Drawdowns for the payment of eligible expenses shall be made in accordance with performance. Draw requests shall only be accepted on official City and/or HUD forms and must be completed in full to be processed. All draw requests are to be submitted monthly, no later than twenty-one (21) days after the end of the month for which reimbursement is being submitted. Final draw under this Agreement will be submitted by Subrecipient no later than September 30, 2009 unless otherwise agreed in writing. 5. Funds transfer. Pursuant to 24 CFR § 570.503(b)(7), upon expiration of this Agreement, Subrecipient shall transfer to City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. E. Procurement. 1. Compliance with policies. Subrecipient shall comply with current Federal and City policies concerning the purchase of equipment and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided hereunder. 2. OMB Standards. Subrecipient shall procure all materials in accordance with the PY07 SUBRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 5 of 14 9 o requirements of 24 CFR §§ 84.40 to 84.48. 3. Travel. Subrecipient shall obtain written approval from City prior to any travel outside the Boise metropolitan area with funds provided under this Agreement. III. EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and the Executive Order 11246 as amended by Executive Order 11375 and 12086. B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 706) which prohibits discrimination against the handicapped in any Federally -assisted program. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. D. Notifications. 1. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 2. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. PY07 SUBRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 6 OF 14 E. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities. 1. Political activities. Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.). 2. Religious activities. Subrecipient agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR § 570.2000). F. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended; the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti -Kickback" Act (40 U.S.C. §§ 276a, 276c, and 327); and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Subrecipient shall maintain documentation which demonstrates compliance with the hour and wage requirements of this part. Such documentation shall be made available to City for review upon request. Subrecipient further agrees that all subcontractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require payment of the higher wage. G. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Part 135, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City, Subrecipient and any of Subrecipient's subrecipients and/or subcontractors. Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's subrecipients and subcontractors, their successors and assigns, to sanctions. 2. Subcontract language. Subrecipient further agrees to include the following language PY07 SUBRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 7 OF 14 in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low income residents of the project area and Agreements for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area in which the project is located." 3. Employment of low- and very -low-income persons. Subrecipient further agrees to ensure that opportunities for training and employment arising in connections with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction projects are given to low and very -low income person residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low and very low income persons within the service area of the project or the neighborhood in which the project is located, and to low and very low income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low and very low income residents within the service area of the neighborhood in which the project is located, and to low and very low income participants in other HUD programs. H. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42 and 570.61 lm, which include, but are not limited to, the following: 1. Code of Conduct. Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal funds. 2. Contract selection. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 3. Self-interested contracts and nepotism. No persons who exercises or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with who they PY07 SUBRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 8 OF 14 0 0 have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of City, the Subrecipient, or any designated public agency. I. Lobbying. Subrecipient hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. Subrecipient will require that the following language of paragraph (d) of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less that $10,000 and not more than $100,000 for each such failure." IV. ENVIRONMENTAL CONDITIONS A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50. PY07 SUBRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 9 OF 14 B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. V. GENERAL CONDITIONS A. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City of Meridian Meridian Food Bank Attn: CDBG Program Administrator Attn: Dan Clark 33 E. Broadway Avenue 15 E. Bower Street Meridian, Idaho 83642 Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. PY07 SUBRECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 10 OF 14 • 0 B. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. C. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. D. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. E. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this Agreement. F. Insurance and bonding. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. Further, Subrecipient shall comply with the bonding and insurance requirements of 24 CFR §§ 84.31 and 84.48. G. Grantor Recognition. Subrecipient shall publically recognize the role of City in providing services under this Agreement. H. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be PY07 SUBRECIFIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 11 OF 14 undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. I. Termination. 1. Notice of termination. Either party may terminate this Agreement by, at least thirty (30) days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. 2. Partial termination. Partial terminations of the Statement of Work as set forth herein may only be undertaken with the prior approval of City. 3. Work completed. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports of other materials prepared by Subrecipient under this Agreement shall, at the option of City, become the property of City, and Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 4. Termination for convenience. In accordance with 24 CFR § 85.44, suspension or termination of the Agreement, in whole or in part, may occur for convenience. 5. Termination for material noncompliance. In accordance with 24 CFR § 85.43, suspension or termination of the Agreement, in whole or in part, may occur if Subrecipient materially fails to comply with any term of this Agreement, which shall include, but shall not be limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission by the Subrecipient to City reports that are incorrect or incomplete in any material respect. 6. Penalty for material noncompliance. In addition to suspension or termination of this Agreement and/or any other remedies as provided by law, upon a finding of material noncompliance, City may declare Subrecipient ineligible for any further participation in City CDBG programming. In the event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen (15) percent of said Agreement funds until such time PY07 SuBREcrnIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 12 OF 14 • 0 as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be in compliance. J. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money due or to become due to Subrecipient from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. K. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. 2. Monitoring. Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 4. Selection Process. Subrecipient shall undertake to insure that all subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 5. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. L. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. M. Severability. If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. N. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. O. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any PY07 Sui3mciPIENT AGREEMENT — MERIDIAN FOOD BANK PAGE 13 OF 14 time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. P. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Meridian Food Bank By Dan Clark, Director STATE OF IDAHO ) ) ss: County of ) I HEREBY CERTIFY that on this day of ` �, 2009, before the undersigned, a Notary Public in the State of Idaho, personally appeared Dan Clark, known to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN,,_ 1?%EOF, I have hereunto set my hand and affixed my official seal, the dayancdyq-a r i o W to first above written. Notary Public for Idaho Residing atm► .Idaho My Commission Expires: CITY: City of Meridian By: Ta y e Weerd,Mayor Attest: 01%t1,111,1„"°°, Of M�i���' T� Jaycee loran, qty qlerk SEAL 1 v 90 T 15T . �O PY07 SU13RECIFIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 14 OF 14 L� April 10, 2009 • Department Reports MERIDIAN CITY COUNCIL MEETING April 14, 2009 APPLICANT Planning Department ITEM NO. 7-A-1 REQUEST Discussion of Rock Ranch Request in Ada County 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 ra Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shag become property of the City of Meridian. • Memo To: Pete Friedman From: Scott Steckline CC: Date: 4/8/2009 Re: Rock Ranch The Public Works Department will not be requiring the proposed Rock Ranch County subdivision to connect to City services or install dry lines at this time. Master planned services to this area are currently not available and are not planned in the short term future. However, Public Works would like to recommend that some form of easements be granted for the future service routing. The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way. The applicant shall coordinate easements and routing with the Public Works Department. Please contact me if you have any further questions Thank you Scott Steckline 0 Page 1 . . . . . . . . . . . . . . ERIXNGINEf RING, INC, (m6'fiksithepnintfrttmwhich sometii5>g origmas ar develops 950.W. Benno* Street • Suite 1124 + Boise 10 83702 •208 880 3127 March 31, 2009 City of Meridian Planning Department Pete Friedman, AICP Deputy Director 33 East Broadway Meridian, Idaho 83642 RE: Rock Ranch Estates Subdivision – 20090036 S -PR Project Review Request by Meridian City Council Dear Pete: On behalf of our client, Jeff Fullmer, we would like to request to meet with the Meridian City Council during the April 14, 2009 meeting to review and discuss the Rock Ranch Estates Subdivision, The proposed Rock Ranch Estates Subdivision is currently zoned RUT and'is located in Ada County inside the City of Meridian's Area of Impact.. We are proposing to subdivide approximately 24 acres into four (4) lots, all which are greater than five (5) acres in size.. We are requesting the City Council to grant a waiver for the requirement to install dry sewer and water lines within the subdivision along with the recommendation to extend the proposed private road to the northern boundary of the development.. Thank you for your time. If you have any questions or need additional information, please contact me at 208.860.0057 or via email at ganderson@mat-ena.com. I look forward to hearing from you soon Sincerely, Matrix Engineering, Inc. ) S4%—, Greg Anderson, P.E.. Project Manager/Engineer Cc: Jeff Fullmer, Concar Inc., 2370 West Amity Road, Meridian, Idaho 83642 Meagan Johnson, AICP, Ada County Development Services, 200 West Front Street, Boise, Idaho 83702 0 March 25, 2009 Ms, Meagan .Johnson, AICP Ada. County Development Services 200 W. Front Street Boise, ID $3'702-7300 SUBJECT: 200900036 S -PR ROCK RANCH ESTATE Dear Ms. Johnson: i Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba The City of' Meridian is in receipt of'the notice of heating for the referenced application.. The subject site is located within the City's Area of City Impact, thus subject to the Meridian Comprehensive Plan and the provisions of Ada County Code, Title 9, Chapter 4. Based on our review of those documents and the proposed application, we offer the following comments: Title 9, Ada Count 9-4-3. Applicable Plan Policies and Ordinances A. The Meridian comprehensive plan, adopted by Meridian on August 6, 2002, by resolution 02-382, shall apply to the Meridian area of city impact. B. All subdivision plats, situated within the area of impact, shall be submitted to the city of Metridian for approval, in addition to Ada County approval, as provided in Idaho Code section 50-1306. C. All subdivision plat applications in the urban service planning area for land zoned RUT (rural -urban transition) shall require a street and utility easement plan.. Said plan shall provide for future resubdivision to urban densities and shall be included on the final plat. This requirement may be waived if a letter of waiver is submitted to the director from the Meridian council prior to preliminary plat approval by the board. Planning Department ■ 33 E. Broadway, MBfidian, ID 83642 . Phone 208-884-553:1 ■Fax 208-888-8854 ■ www.mendancity.org 0 [Recipient] Page 2 0 D. A condition of approval for- all subdivision plats in the urban service planning areafor land zoned RUT (rural -urban transition) shall require that, prior to occupancy of the subdivision's first dwelling unit, dry line sewer and water- lines shall be installed to accommodate the future re -subdivision to urban densities This requirement maybe waived if a letter of waiver is submitted to the director from the Meridian city council prior to preliminary plat approval by the board Based on these provisions of the Ada County Code, the applicant must request review of the proposed project by the Meridian City Council. The review can occur as a regular, Council agenda item and does not require a public hearing. In addition, we recommend that the applicant consult with the Meridian Development Services Division to ascertain the necessity of a utility easement plan and installation of dry lines. Metidian Camnrehensive Plan The City of Meridian desires all development within its Area ofImpact to be served with urban services from the City of Meridian Such services include sanitary sewer, water, fire, police, parks, transportation and libraries.. Secondarily, the City will consider the availability and capacity of'the school system, transportation facilities and stormwater• facilities in any review of development within the Area of Impact. However, it is recognized that some development may precede the ability of'the City, on its own, to extend services. for such development. Upon formal requests to the City for development that is on property not immediately serviceable with urban services, the City may consider said applications. All requests for annexation into the city limits - will still require city -owned services, Expansion of the sanitary sewer and/or water systems may be at the option of either the City of Meridian or the developer:. Developments within the Area of 'Impact but outside the City limits will only be considered if the following standards and conditions are agreed to by the developer(s) • The development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development. • An irrevocable consent to annexation is a condition of hook-up to City sanitary sewer or water, is made a deed restriction on all buildable lots, and is placed as a note on all final plats • All City sewer and water inspection and plan review fees (for, the main lines) in effect at the time of development are paid to the City of Meridian • Ada County will issue no building permit for said developments) unless or until the applicant for such building permit provides documentation that park impact fees required by the City of Meridian have been collected or waived by the City of Meridian.. A written agreement between the City of Meridian and Ada County must be executedprior to said park impact fees being collected [Recipient] Page 3 0 0 • All developer -initiated system expansions (approved by the City) must be for properties which are adjacent to existing or previously approved projects where City sewer and water services are or will be provided. • Developer -initiated and constructed system expansions may be eligible for over - sizing credits and reimbursements from latecomer hook-up fees Since the proposed development is not contiguous with the city limits, nor is it immediately serviceable, the consent to annex provision does not apply. Neither does the requirement to pay park impact fees since the City and County have yet to execute an agreement for the payment of impact fees. Unless otherwise waived, easements f'or future urban services (sewer and water) will be required on the final plat. Othei considerations Access: We note that the applicant has proposed access to all lots from the future private road and will eliminate one direct access to Amity Road. This is consistent with Meridian code and we support the design. In order to promote connectivity for future development on adjacent parcels, we recommend that the private road be extended to the north property line and the appropriate easements for cross access be provided. Thank you for the opportunity to comment., If you have any questions please feel free to call me at 884-553.3. Sincerely, )eputy riedman, AICP Director Cc Anna Canning z i90 -60-d Z90-60 -d :oe roes MVUBNIL IMF uerwo vov Fe OMOHM WVKMMCNW ALm*M am ONI'aVONOO F1Hld AI MVIWll3ad s31d1s3 Honroa )Iooa Ivy !2 `.tf �b1Fst2 E 8 ¢ V Q 91 >� IY� !t 5 / 71 Ivy !2 `.tf �b1Fst2 E 8 ¢ V Q 91 >� IY� Changes to the Agenda: RECET"D Item 10. Zebulon Heights- Continue to April 28ah meeting. APR 14 2009 Items 11, 12, & 13. Fignut - Continue to April 28th meeting. CITY OF C Gw CIN CLERKS OFFICE Item 7. Department Report. Rock Ranch Estates Subdivision This is an applicant request for review of an Ada County application for a large lot subdivision to create 4 lots, each larger than 5 acre in area in the City's Area of City Impact (AOCI). Our Title 9 agreement with Ada County requires City approval of all subdivisions located with our AOCI. The agreement also requires a street and utility easement plan as well as the installation of dry sewer and water lines or letter of waiver from the Council to the Ada County Development Services Director. The applicant has requested a waiver of the requirement to install the dry lines. Public Works has indicated that they will work with the applicant on a utility easement plan and dry lines for utilities are unnecessary. With respect to the street easement plan, the applicant has revised the proposed plat map to provide a road easement to the northern property line for potential future connectivity as requested by the City; however they are requesting that the Council waive this requirement. If Council is inclined to recommend approval of the application, staff will draft a letter with the appropriate conditions. Item 9. Trade Plaza Final Plat. We have a letter from the applicant stating they are in agreement with the conditions of approval, with the clarification that General Requirement #2 does not apply and should be deleted. Item 14. Pathways Master Plan (CPA -09-001) Location: City wide Application: Comprehensive Plan Text Amendment Highlights of the Request: The text amendment is proposing to incorporate by reference the Meridian Pathways Master Plan into the Comprehensive Plan at the request of the Parks & Recreation Commission. The Meridian Pathways Master Plan was adopted by City Council in July 2007 and updates referencing the adopted pathway plan have not been incorporated into the Comprehensive plan. The intent of the text change is to maintain consistency between the two documents thus improving the administration of the Meridian Pathways Master Plan. Commission Recommendation: Approval at their March 5, 2009 public hearing. Summary of Commission Public Hearing: i. In favor: City of Meridian Planning Department ii. In opposition: None iii. Commenting: None iv. Written testimony: None Key Issue(s) of Discussion by Commission: None Key Commission Change(s) to Staff Recommendation: None Outstanding Issue(s) for City Council: None known Written Testimony since P&Z Meeting: None 4/14/2009 April 10, 2009 FP 09-003 MERIDIAN CITY COUNCIL MEETING April 14, 2009 APPLICANT Trade Plaza Subdivision Development, LLC ITEM NO. 9 REQUEST Final Plat approval for 5 building lots on 3.11 acres in a C -G zoning district for Trade Plaza Subdivsion No. 1 - NWC of S. Meridian Road and W. Corporate Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Report 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: See attached Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Response to Staff Report Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF TRADE PLAZA SUBDIVISION DEVELOPMENT, LLC, FOR FINAL PLAT APPROVAL OF 5 BUILDING LOTS ON 3.11 ACRES IN THE C -G ZONING DISTRICT, LOCATED ON THE NORTHWEST CORNER OF S. MERIDIAN ROAD AND W. CORPORATE DRIVE, IN THE NORTHEAST % OF SECTION 13, T. 3N., R. 1W. C/C April 14, 2009 CASE NO. FP -09-003 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 April 14, 2009, and the Council finding that the Administrative Review is complete from Sonya Watters, Associate City Planner for the Planning Department, and Scott Steckline, Land Development Supervisor for the Public Works Department, dated: Hearing Date: April 14, 2009, 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 TRADE PLAZA SUBDIVISION PHASE 1, A PORTION OF THE SOUTHEAST/40F THE NORTHEAST '/ OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, CITY OF MERIDIAN, ADA ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TRADE PLAZA SUBDIVISION NO. 1 (FP -09-003) Page 1 of 4 0 0 COUNTY, IDAHO 2009, STAMPED BY KERRY R. ALBRIGHT, PLS, HANDWRITTEN DATE: 3/19/09, SHEETS 1-3, FOX LAND SURVEYS, INC.", Trade Plaza Subdivision 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, Associate City Planner for the Planning and Zoning Department and Scott Steckline, Land Development Supervisor for the Public Works Department, dated: Hearing Date: April 14, 2009, listing 9 SITE SPECIFIC CONDITIONS/FINAL PLAT and 16 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 7 pages, and by this reference incorporated herein, and the response letter from Art Berry, Arthur Berry & Company, a true and correct copy of which is attached hereto marked Exhibit `B" and consisting of 1 page, and by this reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TRADE PLAZA SUBDIVISION NO. 1 (FP -09-003) Page 2 of 4 0 0 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which maybe 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 I day of A 92009. Attest: rr .� ,��1 aycee AbIman, Citi CCP z l ks By: Tammy de Weeo Mayor, City Meridian ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TRADE PLAZA SUBDIVISION NO. 1 (FP -09-003) Page 3 of 4 :7 0 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. By: JDated: 6-11 -09 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TRADE PLAZA SUBDIVISION NO. 1 (FP -09-003) Page 4 of 4 • • STAFF REPORT: Meeting Date: April 14, 2009 I TO: Mayor and City Council x IH FROM: Sonya Watters, Associate City Planner 208-884-5533 Scott Steckline, Land Development Supervisor 208-898-5500 SUBJECT: FP -09-003 — Trade Plaza Subdivision No. 1 APPLICATION SUMMARY & LOCATION The applicant, Trade Plaza Subdivision Development, LLC, has applied for final plat approval of 5 commercial building lots on 3.11 acres of land for the first phase of Trade Plaza Subdivision. The proposed subdivision is zoned C -G (General Retail and Service Commercial) and is located on the northwest corner of S. Meridian Road and W. Corporate Drive in the NE '/a of Section 13, T. 3N., R. 1W. The City Council approved the preliminary plat (PP -08-011) for Trade Plaza Subdivision on March 10, 2009. The applicant also received alternative compliance (ALT -08-025) approval for a reduced landscape buffer adjacent to Lot 4, Block 1, from 20 feet to 17 feet at that time. STAFF RECOMMENDATION The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of the Trade Plaza Subdivision No. 1 Final Plat subject to the conditions noted below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the previous approvals for this site including the approved preliminary plat (PP -08-011) and Alternative Compliance (ALT -08-025) applications for this subdivision. 2. If the City Engineer's signature has not been obtained on this final plat by March 10, 2011, the preliminary plat shall become null and void. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Revise the notes on the face of the plat prepared by Fox Land Surveys, Inc., stamped on March 19, 2009 by Kerry Albright, prior to signature of the final plat by the City Engineer, as follows: a. Note #11: Include recorded instrument numbers. b. Note #12: Include recorded instrument number. c. Note #17: Include recorded instrument number. d. Please delete all references on the face of the plat (graphically & note #12) to the "City of Meridian's" landscape easement along streets; the City is not the easement holder. 5. The landscape plan prepared by Jensen Belts Associates, dated March 18, 2009, submitted with this application, is approved as submitted. 6. The applicant shall submit applications for design review concurrent with each building Certificate of Zoning Compliance. 7. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. Trade Plaza. Sub 1 FP.doc PAGE 1 All areas approved Apen space shall be free of wet ponds or othee*ch nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACED, City of Meridian and all other regulatory requirements at the time of final construction. 9. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. 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. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, final plat recorded and road base shall be approved prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 5. Play equipment shall be installed on Lot 2, Block 1, as depicted in Exhibit E. 6. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 7. The applicant shall provide a 20 -foot easement for all public water/sewer mains new or existing, outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 8. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to construction plan approval. 9. 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. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Trade Plaza Sub 1 FP.doc PAGE 2 11. Applicant shall be res0sible for application and compliance with0d NPDES Permitting that may be required by the Environmental Protection Agency. 12. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 13. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 14. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 15. The applicant's design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 16. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. EX1HMITS A. Vicinity/Zoning Map B. Approved Preliminary Plat C. Proposed Final Plat D. Proposed Landscape Plan Trade Plaza Sub 1 FP.doc PAGE 3 irr� �; �- Exhibit B — Approved Pomnary Plat (labeled Sheet PPI, prepare* Treasure Valley Engineers, dated 12/11/08) TMUMINARY PLAT FOU T'WR PISA —$UBPtV &LON A M*O�WO COMMM., UL STIBMISM WrAM IN 4 me"ON or roe. NE '/I w arTION 13. xlf'. v.m. C'm or MENDIAN, ADA M;Nn. IDAHO Trade Plaza Sub 1 FP.doc PAGE 5 ............. . .......... =M— Trade Plaza Sub 1 FP.doc PAGE 5 Exhibit C — Proposed Final is (labeled Sheets 1-3, prepared by Fox )td Surveys, Inc., stamped on 3/19/09 by Kerry Albright) PLAT SHOWING TRADE PLAZA SUBDI1ISM PHASE 9 A PRRT93R W WW OOVrKTAW 14 EF TRE YOit'A BAEr Rho OF °.E.''CTQN 13, R08a IMP 3 tMIN, RAUM t'VJW pPY 171 YEPUfIM MACie',QM0 MM �' t °t6'4TR9 eY FOXtAMOUWVF4 MC 1 TGF - Y Gd9zP:UNS4T _93:T3 CRF 9ffiftP<9 t pP RF"ETIO YmRQO' y C� 11M t4 M1 1 U 1'x09' 699'it'BPW iR uaF $s'i67Y'W Fa6T 53tr54P ...._.._ 8L8'�29il Ntt:�' t.WARC � vJ'.Qia — •••• a4 Q i P60 � a0P DtBLq `JTi(flCB. �liblRttlfd, �K 5'elfyd - 9fJARSER G4£T,uNI tAiYa�K.piOP+tSHf° ;��A166t�; ...... ......... ................ _..... . itRl� tAPT. 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S6P'a9P2 8&PL ��T �� �£.N6TLAs8 TJAG:'N '' t$ mania. eeat°'c� S _ 5P 0ti ex'aT�a�m y1ffi3T i0flF7EAQTE CEA9EtM1�+:�t�EW11aTN) C.A�48GYTTPP£ � �BGTE 18i f 11f 30EM&L4#.OUTe`fiM W �;daE'f U{9T IkALE, tUpttq(PBre '� S raAIM swan f 13 18 0 Any my * G8;C5 1fBt8%iT � 4G t �'y R RITC ($iPliatj -' <6RAN Tbj OTATfr Dih f�CtAREA CW�OCe� f UDJgS k%zu&� THGTE 9�T$ � f WaT[. op6T.tl sd@ lk¢'�WECf'� TPi'cERPPtiw°1[aO: PPR F� 8 NA 00D�TTkNE ♦WiR�lRT � 6UOP%AT1ffi. Gff Cvi RipiS3b flf6 iYI�13GD FOX LAND SURVEM /A1C. '�1$�A1114&HAflPIC IE TRl`$T so= m am 20MOMP - FAX MW4W MA" 314119.1.:24+mw Trade Plaza Sub 1 FP.doc PAGE 6 Exhibit D Proposed Lands* Plan (labeled Sheet L-1, prepared by sen -Belts Associates, dated 3/18/09) NOTES U O ES m TREF DATA Trade Plaza Sub 1 FP.doe RAW SCHEDULE C m mg s� m a-- ewm v s v+�r 'ems ► g u aassr. e�m IM 'mnAC Psd.tRz�eit&k1�1 Lt6 WSMmade: PAGE 7 From: Arthur Berry & Company [mailto:arthurberry@arthurberry.com] Sent: Tuesday, April 14, 2009 12:56 PM To: Sonya Watters; lance@AspenEngineers.com Subject: Trada Plaza Sub. 1 Final Plat Hearing Sonya, I, as the applicant, am in agreement with the staff recommendation and as such will not be attending tonight's meeting. Thank you. Art Berry Arthur Berry & Company 960 Broadway, Ste. 450 Boise, ID 83706 (208) 336-8000 www.arthurberry.com April 10, 2009 TE 09-012 MERIDIAN CITY COUNCIL MEETING April 14, 2009 APPLICANT Engineering Solutions, LLP ITEM NO. 10 REQUEST Continued Public Hearing from April 7, 2009 — Request for approval of an 18 month time extension to obtain the City Engineer's signature on the Final Plat for the second phase of Zebulon Heights Subdivision No. 2 — s/o McMillan, w/o Eagle 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 See attached Request for Continuance MERIDIAN POST OFFICE: OTHER: See attached Letter from Engineering Solutions Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 April 10, 2009 AZ 08-015 MERIDIAN CITY COUNCIL MEETING April 14, 2009 APPLICANT Ronald Van Auker ITEM NO. REQUEST Public Hearing — Request for Annexation and Zoning consisting of 15.05 acres from RUT to C -G and I -L zones for Fignut -- w/o South Locust Grove, n/o E. Overland Road and s/o 1-84 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: COMMENTS See attached P&Z Item Packet / Minutes Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. April 10, 2009 RZ 08-009 MERIDIAN CITY COUNCIL MEETING April 14, 2009 APPLICANT Ronald Van Auker ITEM NO. 12 REQUEST Public Hearing -- Request for a Rezone of 1.69 acres from C -G to I -L zone for Fignut -- west side of S. Locust Grove, north of E. Overland Road & south of 1-84 AGENCY COMMENTS CITY CLERK: See attached P8Z Item Packet / Minutes 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 0 April 10, 2009 PP 08-012 MERIDIAN CITY COUNCIL MEETING April 14, 2009 APPLICANT Ronald Van Auker ITEM NO. 13 REQUEST Public Hearing -- Request for Preliminary Plat approval of 6 non-residential building lots and 1 other lot in a proposed C -G & I -L zone for Fignut AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: COMMENTS See attached P&Z Item Packet / Minutes Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • 0 April 10, 2009 CPA 09-001 MERIDIAN CITY COUNCIL MEETING April 14, 2009 APPLICANT City of Meridian Planning Department ITEM NO. 14 REQUEST Public Hearing -- Request for a Comp Plan Amendment to change the text of the Comp Plan incorporating the Pathways Master Plan for Pathways Master Plan Text Amendment AGENCY COMMENTS CITY CLERK: See attached P&Z Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Recommendations 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 0 April 10, 2009 CPA 09-002 MERIDIAN CITY COUNCIL MEETING April 14, 2009 APPLICANT City of Meridian Planning Department ITEM NO. 15 REQUEST Public Hearing -- Request for a Comp Plan Amendment to change the text of the Comp Plan to include Linder Road overpass and associated pathways for Linder Road Overpass / Pathway Text Amendment 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 P&Z Item Packet / Minutes See attached Recommendations OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 0 April 10, 2009 MERIDIAN CITY COUNCIL MEETING April 14, 2009 i APPLICANT ITEM NO. REQUEST Ordinance — Reimbursement Code (lst of 3 Readings) 31 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: L ��' �,► CITY WATER DEPT: CITY SEWER DEPT:C CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: , LA ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: /V - U 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 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN, REPEALING TITLE 9, CHAPTER 1, SECTION 13 AND TITLE 9, CHAPTER 4, SECTION 19 OF THE MERIDIAN CITY CODE, RELATING TO COOPERATIVE AND/OR REIMBURSEMENT AGREEMENTS; ENACTING A NEW SECTION, TITLE 8, CHAPTER 6, SECTION 2, RELATING TO REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS; AND PROVIDNG AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian finds that as to particular areas within the City, is in the best interest of the City of Meridian to encourage and incentivize the installation of public works infrastructure that will serve future growth as well as the instant development; WHEREAS the establishment of eligibility criteria and standards under which the City and/or a private developer may enter into and implement an agreement to reimburse such developer for the enhanced portion of the infrastructure installed will standardize such agreements and facilitate the smooth transition of such infrastructure to City ownership; and WHEREAS the calculation, recording, and recoupment of value inuring to developments that later utilize enhanced infrastructure will clarify the respective roles of beneficiary developments and the City in the context of infrastructure planning; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 9, Chapter 1, Section 13, of the Meridian City Code is hereby repealed: REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 1 OF 15 Y. REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 1 OF 15 0 2. The watef main ex4 uked to be twelve ineh " ) diameter or- larger- to sery ..,1; e.,t r He•.t;e s. i�•��I..�.:•••\f'l�l��:a�J•�J.f�.:/.�1.... .5.1.1 r—r�:�c...��..�>_v. i�.e:.a..�..e�0•�.:i�....e �:�..:•:��:.:ra::,»e.7.:�:•c�,: f.n standard specifieations and details; I i FIRM on"MM. 5. A eee;ye pr-e1;•„;„a••.> plat a »1 f.,,,Y, a t.> .,,,..„„;l P •. the .leye1„•....e•,t to be served b the water- exteasien. Water- ex4ensiens intended to serve neasubdiNision s and fer.- wMeh ' vt]• - Y. REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 2 OF 15 MUMMMMPM REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 2 OF 15 9 e 9. The agreement shall be bin� on the water user- and his i ps > > REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 3 OF 15 • Section 2. That Title 9, Chapter 4, Section 19, of the Meridian City Code is hereby repealed: REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 4 OF 15 Wag Main Size,T .,1. 28 per-eent- 44- 'i F-- 4.6- basis_ Section 2. That Title 9, Chapter 4, Section 19, of the Meridian City Code is hereby repealed: REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 4 OF 15 • a mo m FA Y. i S. Reeeive preliminary plat approval fr-em eity raeunrail for- the deve4epmei# to be seFved b whi r-effribufsement agement from eity eeunril prier- te eenstmefien plan approval by th eit . REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 5 OF 15 0 �J Y"eetTV— 1 x111 Y � YY� Z� Z"� — ['� '�tl"- 0 .. O n / 1 ^lei -,'$-4 -i9--' i`7- �'�'Y�" "7'tl '.Y7z/tT m7`tT �"7':l7'%U-"7T•V7H tl7TT'O": VV'.-Ol. T3.3 REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 6 OF 15 - MrMwg� _ _ _ �... .. 7-7r. Y. > ... _.......... Y. Y"eetTV— 1 x111 Y � YY� Z� Z"� — ['� '�tl"- 0 .. O n / 1 ^lei -,'$-4 -i9--' i`7- �'�'Y�" "7'tl '.Y7z/tT m7`tT �"7':l7'%U-"7T•V7H tl7TT'O": VV'.-Ol. T3.3 REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 6 OF 15 0 i 48-9° o— - - - -° - ° 22-- 4 C4 - - - . ems° 24- ° ° ° ° ° 74 Section 3. That a new section, Title 8, Chapter 6, Section 2, is hereby added to read as follows: 8-6-2 REEVIBURSEMENT AGREEMENT FOR INFRASTRUCTURE ENHANCEMENT A. Purpose_ 1. To establish a procedure to reimburse developers for the differential costs associated with the installation of sanitary sewer and/or water infrastructure above and beyond that which is necessary to provide service to the developer's own project. 2. To provide an incentive to developers to install sanitary sewer and/or water infrastructure with the capacity to serve future growth as well as the developer's own project in growth priority areas. 3. To clarify that all infrastructure installed pursuant to the procedure set forth in this chapter shall become part of the City of Meridian's Sanitary Sewer and/or Water System. 4. To provide reasonable incentives to direct growth for future development. 5. To be eligible for a Reimbursement Agreement for Infrastructure Enhancement (RAIE) the preliminary plat for the project must have been approved sanitary sewer and/or water system, at no cost to the City, upon the City's acceptance of such infrastructure, rather than upon full reimbursement to the developer installing such infrastructure. REIMBURSEMENT AGREEMENTs FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 7 OF 15 0-0 all ~0 00.00 1-101, Na ...... EMM Section 3. That a new section, Title 8, Chapter 6, Section 2, is hereby added to read as follows: 8-6-2 REEVIBURSEMENT AGREEMENT FOR INFRASTRUCTURE ENHANCEMENT A. Purpose_ 1. To establish a procedure to reimburse developers for the differential costs associated with the installation of sanitary sewer and/or water infrastructure above and beyond that which is necessary to provide service to the developer's own project. 2. To provide an incentive to developers to install sanitary sewer and/or water infrastructure with the capacity to serve future growth as well as the developer's own project in growth priority areas. 3. To clarify that all infrastructure installed pursuant to the procedure set forth in this chapter shall become part of the City of Meridian's Sanitary Sewer and/or Water System. 4. To provide reasonable incentives to direct growth for future development. 5. To be eligible for a Reimbursement Agreement for Infrastructure Enhancement (RAIE) the preliminary plat for the project must have been approved sanitary sewer and/or water system, at no cost to the City, upon the City's acceptance of such infrastructure, rather than upon full reimbursement to the developer installing such infrastructure. REIMBURSEMENT AGREEMENTs FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 7 OF 15 • 0 B. Definitions 1. Beneficiary A person or entity that is or will be the recipient of some or all proceeds or benefits collected, distributed, and/or realized pursuant to a RAIE and/or the provisions of this chapter. 2. Beneficiary Parcel A parcel of land upon which is situated development that utilizes or could utilize any utilities or infrastructure constructed by the City or by a private individual, where no owner or developer thereof has directly contributed to the cost of constructing such utilities or infrastructure. 3. Beneficiary Reimbursement Amount The amount collected from beneficiaries of infrastructure enhancements installed pursuant to an RAIE upon development of beneficiary parcels. The beneficiary reimbursement fee shall be determined by dividing the total eligible reimbursement amount by the acreage within the service benefit area. The beneficiary reimbursement amount shall be collected upon development of beneficiary parcels 4. City and City Council The City of Meridian and the duly sworn City Council of the City of Meridian 5. Developer A person or entity that engages in development. 6. Development Any aspect of improving, constructing, subdividing, and/or investing in land capacity and infrastructure for the purpose of growing residential, commercial, industrial, or other community enhancement opportunities. 7. Eligible Reimbursement Amount The actual differential cost between an infrastructure enhancement and infrastructure necessary to provide service to the developer's own project. The total eligible reimbursement amount shall include only reasonable engineering, surveying, construction staking, license agreements, easements, testing, and project management. REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 8 OF 15 0 8. Director 0 The Director of the City of Meridian Public Works Department, and/or his or her designee. 9. Growth Priority Areas The City of Meridian that the Planning Department has designated as low/medium priority areas within the Area of City Impact. The growth priority to indicate the Meridian City Council, shall be used to determine the percentage of eligible reimbursement amount that a particular parcel within the Area of City Impact may be eligible to receive. In the event that a development spans across more than one growth priority area, the designation for the greatest portion of the development shall be used for the entire development. 12. Incentive Funds Funds allocated by the City for use to provide incentive for directing. growth to identified priority areas. 10. Infrastructure A sewer and/or water main and all associated components thereof. 11. Infrastructure Enhancement Infrastructure above and beyond that which is necessary to provide service to the developer's own project, installed by a developer pursuant to a RAIE and/or the provisions of this chapter. 12. Infrastructure Master Plan The plans for overall citywide sewer and water infrastructure installation as approved by the Director. 13. Interim Infrastructure Any infrastructure, whether publicly or privately installed, that is designed to be used temporarily or on an interim basis. 14. Reimbursement Agreement for Infrastructure Enhancements (RAIE) A written agreement voluntarily entered into between the City and the developer installing an infrastructure enhancement as a component of a specified development, the terms of which agreement shall be mutually negotiated and agreed upon in REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 9 OF 15 0 0 compliance with the provisions of this chapter, the Infrastructure Master Plan, and the particular infrastructure needs of the development and its service benefit area. 15. Service Benefit Area The land area and all development thereon that, in the foreseeable future, be served by an infrastructure enhancement installed by the developer pursuant to an RAIE and the provisions of this chapter. The service benefit area shall not include the developer's own property. 16. User Any person or entity using or requesting the use of infrastructure. a. 2. Infrastructure not identified on the City of Meridian Public Works Infrastructure Master Plans, such as interim infrastructure, shall be sized to accommodate the greater interim service benefit area. C. Procedure: 1. Only infrastructure enhancements constructed in conjunction with developments for which the preliminary plat has been approved by March 1, 2007 shall be eligible for reimbursement under an RAIE. 2. The City or a developer may request or propose an RAIE. Neither the City nor any developer shall be required to enter into an RAIE. The City Council shall consider the recommendation of the Director in determining whether or not an RAIE may be feasible and in the best interest of the City. 2. Upon a determination by the City that it may be feasible and in the best interest of the City to enter into an RAIE, the City shall invite the developer to submit a written reimbursement proposal. the The developer shall submit such written reimbursement proposal to the Director, which written request shall include: a. The estimated costs of engineering, surveying, construction staking, license agreements, easements, testing, project management, and construction of the infrastructure necessary to provide service to the developer's own project. This estimate shall be based on the construction of infrastructure for the developer's property as a stand-alone project that would, in all respects, meet the standards of the Idaho Standards for Public Works Construction (ISPWC), City of Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction, and the City of Meridian Infrastructure Master Plan. REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 10 OF 15 b. The estimated costs of engineering, surveying, construction staking, license agreements, easements, testing, and project management, and construction of the infrastructure for the service benefit area. c. A detailed reimbursement proposal, including certification of a registered professional engineer regarding the sizing and capacity requirements for the developer's own project, the cost of design, construction, and installation thereof, and certification of a registered professional engineer regarding the sizing and capacity requirements for the above -and -beyond infrastructure as required by the City of Meridian Public Works Infrastructure Master Plans. 2. Upon receipt of the developer's written reimbursement proposal, the Director shall prepare a staff report to include the following: a. Whether the proposal meets all provisions of this chapter and/or other applicable standards and laws, including whether the proposed new infrastructure and utilities serving development in the City of Meridian can be planned and installed so as to comply with the minimum main size, depth, and general location as specified in the Idaho Standards for Public Works Construction (ISPWC); the City of Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction; and the City of Meridian Infrastructure Master Plan. a. Determine the service benefit area. b. Whether the project, as proposed, is eligible for reimbursement. c. A preliminary determination of eligibility for an RAIE. d. Whether the Director recommends City Council approval, modification, or denial of such reimbursement proposal. The Director shall provide the staff report to the developer, advising that the preliminary determination of eligibility shall not be construed as City Council approval of the reimbursement proposal, unless and until approved by City Council. b. 3. Upon a recommendation of approval of the proposed plans, the department shall forward the staff report and the plans to the City Clerk for review by City Council. City Council shall preliminarily approve, deny, or require modifications to the reimbursement proposal. 4. Upon City Council's preliminary approval of the reimbursement proposal, the City Attorney shall, with the developer and the department, prepare an RAIE. The REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 11 of 15 • 0 RAIE shall include all of the following terms in addition to any others as agreed to by the parties: e. Incorporation of the reimbursement proposal as approved by City Council; a. The service benefit area that will be served by the project infrastructure; b. The per -acre reimbursement fee, to be calculated by dividing the eligible reimbursement amount by the acreage within the service benefit area; c. The reimbursement amount to be charged to property owners within the service benefit area; f. The total amount of the fifteen percent (15%) administrative charge to be collected by the City of Meridian for administering the RAIE, which fee shall be based on the cost of the infrastructure enhancement and not on the total cost of the development project; g. The total maximum eligible reimbursement amount, less the administrative fee; h. The growth priority designation of the development, including the source of funds that will comprise the eligible reimbursement amount; d. The term of the Agreement, which term shall not exceed ten (10) years, unless the City is the beneficiary of the agreement, except that the RAIE may be extended upon the recommendation of the Director, with the approval of City Council; e. That the RAIE will terminate when either of the following events occur, whichever comes first: (1) Expiration of the term of the agreement; or (2) Upon the City's remittance to the developer of the full eligible reimbursement amount; f. That the RAIE may be assigned or transferred with the express written consent of the City Council, which consent shall not be unreasonably withheld; g. That the developer shall be required to indemnify and hold the city harmless from any and all liability whatsoever until the infrastructure has been accepted by the City; h. That the agreement shall be binding on the developer and his or her heirs, assignees, transferees, agents, and executors; REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 12 OF 15 0 0 i. That the agreement shall be recorded as a notice against the property of the developer and the benefitted properties; and i. That the City Code provisions regarding RAIEs in effect on the date of execution of the RAIE, a copy of which shall be appended thereto, shall apply to the administration and enforcement of the terms of the RAIE. 5. Upon finalization and execution of a reimbursement agreement by the developer and the City, the developer shall construct and install the infrastructure in accordance with the approved plans, the RAIE, this chapter, and any and all applicable laws, regulations, and standards. 3. Need language regarding developer giving the infrastructure to the City... D. Reimbursement: 1. Upon completion of installation of infrastructure as set forth in the RAIE, the City shall reimburse the developer from reimbursement fees collected from the service benefit area when, and only when, such fees are collected. 2 Where phased development is planned for a property within the service benefit area, the City shall assess the reimbursement fee against acreage developed within each phase at the time of development. 3 Where a property outside the service benefit area benefits from the infrastructure installed to serve the service benefit area, the owner of such property shall be assessed the reimbursement fees as established by the structured reimbursement agreement, upon agreement of the City and the benefiting property owner. 4. The assessment, allocation, and recovery of the eligible reimbursement amount shall be administered by the City in the City's sole discretion. 5. The City of Meridian shall process reimbursement payments twice yearly on a schedule to be determined by the City. E. Incentivized Reimbursement for Growth Priority Areas 1. The City of Meridian Public Works Department, in conjunction with the City of Meridian Planning Department, shall develop a map indicating growth priority areas within the City. Upon approval by City Council, the growth priority area incentives percentages for eligible reimbursement amount that a particular parcel within the master planning area may be eligible to receive. In the event that a development spans across more than one growth priority area, the designation for the greatest portion of the development shall be used for the entire development. REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 13 OF 15 a. 2. To incentivize development in particular areas, shall be reimbursed as negotiated by the parties and mutually agreed, in writing, in an RAIE, according to the following schedule: b. In Low Growth Priority Areas, the developer shall be entitled to one hundred percent (100%) of the eligible reimbursement amount, which shall be recouped from beneficiary reimbursement fees. No additional City funds shall be contributed to reimburse the developer installing infrastructure enhancements in a Low Growth Priority Area. c. In Medium Growth Priority Areas, the developer shall be entitled to one hundred percent (100%) of the eligible reimbursement amount, which shall be recouped from beneficiary reimbursement fees, and the parties may negotiate an additional payment of up to ten percent (10%) of the eligible reimbursement amount, which shall be provided from City funds. d. In High Growth Priority Areas, the developer shall be entitled to one hundred percent (100%) of the eligible reimbursement amount, which shall be recouped from beneficiary reimbursement fees, and the parties may negotiate an additional payment of up to twenty percent (20%) of the eligible reimbursement amount, which shall be provided from City funds. F. General Provisions 1. All City of Meridian incentive funds paid towards RAIE shall be remitted to developer within thirty (3 0) days after the completion of the project. 2. The final RAIE will be prepared with all final costs of construction that have been submitted to the Director by the developer at completion of construction, and shall be verified by the Director prior to the approval of the City Council. H. Reimbursement to City: Where the City constructs any infrastructure, regardless of whether it is master planned or not, either on its own or in conjunction with another person or entity, the City may prepare and record a reimbursement memorandum that shall have the same force and effect as an RAIE so that the City shall be reimbursed by beneficiary parcels for its actual costs of construction. The term of a RAIE of this type shall be of any length as determined by the City Council. The Incentivized Growth Priority Area reimbursement structure shall not apply to such memoranda. Section 2: EFFECTIVE DATE? Waiver? PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2009. REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 14 of 15 0 0 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2009. MAYOR ATTEST: CITY CLERK REIMBURSEMENT AGREEMENTS FOR INFRASTRUCTURE ENHANCEMENTS ORDINANCE PAGE 15 OF 15