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HomeMy WebLinkAbout2007-10-23• (~E IDIAN • Revised 70-23-07 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, October 23, 2007 at 7:00 p.m. `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll-call Attendance: ---,~ David Zaremba a Joe Borton _~ Charlie Rountree SC Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: ~ Xp~iPi+~c.~ Ch,crit,ok. 3. Community Invocation by Bishop Chiong Teh of the McMillan Ward - Church of Jesus Christ of Latter-day Saints: 4. Adoption of the Agenda: ~ j~,o he - ~s ~,,,,~,.,.oG~cL ~ Z ~ ~~~ 5. Consent Agenda: f~w~'~~ A. Approve Minutes of October 9, 2007 City Council Special Workshop Meeting: `c~~nv ~- B. Resolution No. D ~- ~~ 3 MDC Proposed Fees In Lieu of Parking Policy: ~~~ov~ Z _ ~ C. Resolution No. D 7 - / ~ ~ : Declaration of Surplus Property of 2 Kawasaki Motorcycles to Canyon County Sheriff s Department: a~-r~ov~-c D. Resolution No. ~ 7 ~ S $ ~ :Destruction of Records for Finance Department: ~~,,~, ~-.~ Meridian City Council Meeting Agenda -October 23, 2007 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • Revised 10-23-07 E. Resolution No. ®? .~~ b Declaration of Surplus Property to Donate Computer Equipment to the Meridian Bovs 8z Girls Club: ~~~ ,~.~ F. Resolution No. 0 7-~S 7 :VAC 07-012 Request for a Vacation of the public utility, drainage and irrigation easements for Montvue Park Subdivision for Gardner Ahlauist Gateway by Timberline Surveying, PLLC -Southeast Comer of East Franklin Road and North Eagle Road: arm ~~ G. Approve Pipeline Crossing Aareement with Union Pacific Railroad Company fora 10-inch water main crossing the railroad tracks at RR Mile Post 456.33 for the amount of $4,800.00: ~,/~row~ H. Approve Chance Order No. 11 of Contract with Owyhee Construction. Inc. for additional Type "P" Permanent Asphalt Repair for Broadway Avenue, Meridian Road to Fifth Street Utility Replacement Project: for $106,725.00: ~~j~/b~ I. Approve New Beer and Liquor Licenses for JMS Services dba My Caffe at 450 S. Meridian Road, Ste. 15: ~-~-o ~ J. Water Main Easement Aareement for Meridian Village by A$H Investments: G~swcr ~- K. Addendum to Development Agreement: AZ 05-066 Request for Annexation and Zoning of .50 acres from R-12 to C-G zone for Meridian Veterinary Clinic by Architecture Northwest - 415 West Franklin Road: .~~ ~ //- Z ~,p, L. Permanent and Temporary Easement Contract for the Construction of the Sanitary Sewer for the Black Cat Phase 4 Schedule A Trunk by DBSI Tanana Valley, LLC e~J~,~ M. Chance Order No. 5 for the Wastewater Treatment Plant Expansion Proiect with JC Constructors, Inc. for $86,236.75: ~ol~w®v~ O. Independent Contractor Aareement for Demolition of 919 NW 1S Street with Ideal Demolition Services: ~~,-o~ ~- ~ _ P. Approve Contracts for New City Hall Project: Precision Communications, Inc. dba TTE-PreCom ~~ ~ Meridian City Council Meeting Agenda -October 23, 2007 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ! • Revised 70-23-07 6. Department Reports: A. Public Works Department 1. Reimbursement Request for Shepherds Creek Sewer Extension: ~„~,./c w`~~.• J'{~-~{~ ~-~~~fv~e, B. Mayors Office 1. Appointment of Kirk Morris to Meridian Development Corporation• ,,.~ 2 0/0 ~'~ ~ ~„ C. Finance Department 1. Approval of Award of Citv Hall Bid Packages 16 8< 22. Amount of Award for Package 16 Audio /Visual is $204,378.72 to AAtronics, Inc. and Package 22 Security Systems $84,695.00 to Apex Integrated Security Systems, Inc.: ~~-rrow~- 2. Cooperative Construction and Reimbursement Agreement for North Black Cat Trunk Sewer with Brighton Development, Inc., Treehaven, LLC, Primeland Development Group, LLC and the City of Meridian: -{~6~c ~ //- 7-07 7. Items Moved from Consent Agenda: 8. Tabled from October 16, 2007: FP 07-026 Request for Final Plat approval for 140 single-family building lots and 21 common lots on 89.70 acres in R-2, R-8 and R-15 zones for Jayker Subdivision No. 1 by Treehaven, LLC - 4042 West Chinden Boulevard: ~~ ~ `~ 7 _p 7 9. Tabled from October 16, 2007: FP 07-032 Request for Final Plat approval for 192 multi-family units on 48 building lots and 1 common lot on 13.99 acres in an R-15 zone for Canterbury Commons Subdivision by Canterbury Commons, LLC -south of West Pine Avenue and east of North Ten Mile Road: ~~ ~ /~_ ?~® ~ 10. FP 07-033 Request for Final Plat approval for 5 commercial building lots and 1 other lot on 6.67 acres in a C-G zone for Gardner Ahlauist Subdivision No. 2 by Ahlquist Development, LLC -Southeast Comer of Eagle Road and Franklin Road: ~ v''" Meridian City Council Meeting Agenda -October 23, 2007 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 14eviseal 70-23-07 11. FP 07-034 Request for Final Plat approval for 14single-family building lots and 2 common lots on 5.08 acres in an R-4 zone for Quarterhorse Subdivision by M2 Land, LLC - 710 North Black Cat Road: ~a ~ ~/-~0-® ~ 12. Continued Public Hearing from October 2, 2007: PP 07-014 Request for Preliminary Plat approval for 34 commercial /retail building lots and 1 common lot on 17.84 acres within the C-G zone for Emerson Park Commercial by Kuna Victory, LLC - 2910 & 3030 South Meridian Road and 110 East Victory Road: ~~,,,,,,,~ -/~,..Q~~,,,,L ,Gl~ ~ ~/~ 13. Continued Public Hearing from October 2, 2007: PFP 07-003 Request for a Combined Preliminary /Final Plat approval of 4 commercial lots on 6 acres located in the C-G zoning district for Intermountain Outdoor Subdivision by Carmen, LLC -1351 & 1375 East Fairview Avenue: 14. Continued Public Hearing from October 16, 2007: AZ 07-006 Request for Annexation and Zoning of 94.69 acres from RUT to a C-G zone for Pinebridae by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eaggle Road: 15. Continued Public Hearing from October 16, 2007: RZ 07-010 Request for a Rezone of 75.67 acres from I-L and L-O zones to a C-G zone for Pinebridae by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: 16. Continued Public Hearing from October 16, 2007: PP 07-008 Request for Preliminary Plat approval of 61 building lots and 21 common lots on 170 +/- acres in a proposed C-G zone for Pinebridae by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: ~~ we _ ~- ~l~ ,~ ~/~ /~'~~~ 17. Continued Public Hearing from October 16, 2007: VAR 07-007 Request for a Variance Application for two access points to North Eagle Road for Pinebridae by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: ~~ ~-,~, 6lit, a w F~G' ~~i~'~'v G%~~/ we- C~,ti-~ Z ..,2 A c c .c l t ~r•~iy, ,,,,,c, ~l ~ ~ G /-~ 18. Public Hearing: AP 07-008 Request for City Council r°evle~w for an Appeal of the Planning and Zoning Commission's decision limiting the hours of operation from 5:00 a.m. to 11:00 p.m. for Anytime Fitness located in an L-O zone district within Sundance Subdivision No. 5 by Dave Evans Construction - 3220 North Meridian Road: ~ vu. - . li-..~ ~ / ~ ~ G /.,e g S 19. Public Hearin S C CommerRate Chanae: _ Cfi~+~flf'~ 1/~~ .~Ct ~i ~~ ~ ~i-,t~oG~t~ ~2.lo~w~! ~>..i Meridian City Council Meeting Agenda -October 23, 2007 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 10-23-07 20. Executive Session per Idaho State Code 67-2345(1)(a) - (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office): Meridian City Council Meeting Agenda -October 23, 2007 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Meridian City Council Meeting October 23, 2007 A meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesday, October 23, 2007, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree and David Zaremba. Members Absent: Joe Borton. Others Present: Bill Nary, Will Berg, Anna Canning, John Overton, Mark Niemeyer, Len Grady, Keith Watts, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba O Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I'd like to welcome all of you here this evening and thank you for joining us. We will go ahead and get tonight's meeting started. It is Tuesday, October 23rd. It's about five minutes after 7:00. Mr. Berg, will you, please, start us off with roll call attendance. Item, 2: Adoption of the Agenda: De Weerd: Item No. 2 is our Pledge of Allegiance. Tonight we will be led in the pledge by the Experience Church. If you will all rise and join them. (Pledge of Allegiance recited.) Item 3: Community Invocation by Bishop Chiong Tey of the McMillan Ward - Church of Jesus Christ of Latter-day Saints: De Weerd: Thank you. And thank you for being with us tonight. Item No. 3 is our community invocation. Tonight we will be led by Bishop Teh. He's with McMillan Ward of the Church of Jesus Christ of Latter-day Saints. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Bishop. Teh: Our Heavenly Father, we come before thee at this time and thank thee for thy many blessings and for thy goodness to us all. We would express our gratitude to thee for our privilege of being citizens of this great country and for this great City of Meridian • Meridian City Council October 23, 2007 Page 2 of 104 • and we are grateful for the members of the City Council and we would ask that thou would bless them with wisdom and integrity as they go forth and serve us in this capacity to preserve the safety and prosperity of the City of Meridian. We at this time would also petition thee for sufficient moisture at this time and also be mindful of those who serve our country in the military to preserve the many liberties and freedoms and blessings that we enjoy in this country and we ask thee for these favors and blessings at this time in the name of the Lord and Savior Jesus Christ, amen. De Weerd: Bishop Teh, I would like to offer you a City of Meridian pin and thank you for joining us. Hope to see you back. Item 4: Adoption of the Agenda: De Weerd: Item No. 4 is adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would like to comment on the agenda. First, a request that we add an Item 4-A for presentation from the Mayor. Then, on Item 5, the Consent Agenda, we have several resolutions. Item B will be resolution number 07-583. C will be 07-584. D will be 07-585. Item E will be resolution number 07-586. And F will be 07-587. And we have a request to remove Item K from the Consent Agenda to the regular agenda for some discussion. We have a request to table -- or rather continue Item 9 relating to Canterbury Commons to our meeting of November 6th. And a request to continue Item 11 regarding Quarterhorse. Staff was requesting to the 6th. I believe the applicant requested to the 13th, which would be a meeting where we would have a workshop. So, we will -- we will move number 11 on Quarterhorse to November 20th. I'm sorry. Yes. Back to number nine. We normally have a meeting on November 6th, but since that's Election Day, our meeting will actually be on November 7th. So, Item 9 will be continued to Wednesday, November 7th. And Item 11 will be continued to November 20th. I believe those are the only changes. With that I would move that we adopt the agenda as amended. Bird: Just before I second, Madam Mayor, I would request, with the other two Councilmen's agreement, I'd like to pull Item B off the Consent to -- to the regular agenda. Berg: Seven? Bird: To 7-B. • Meridian City Council October 23, 2007 Page 3 of 104 Zaremba: 5-B will become 7-B. Bird: Yeah. De Weerd: And, then, you also removed one from the Consent. Zaremba: K is the one that I wanted to change. From 5-K to 7-K. Bird: I will second the revised. De Weerd: We have a motion and a second. All those in favor of the adoption of the agenda as changed say aye. All ayes. Motion carved. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 4-A: Presentation by Mayor to Experience Church for Habitat for Humanity De Weerd: I have a check presentation and I want to give you a little bit of background on this check. Tonight we are awarding a check to the winning youth group in a cardboard shanty house competition. So, all of the developers in this room, here are your future builders, because I'll tell you what, they know good materials. They dove into that dumpster and found the prize, which was this cardboard tube that gave them great integrity and building stability for their shanty town cardboard house. I mean it was expandable -- yours was the one that was expandable. I think it had a drawbridge on it. And I mean the imagination these young builders did was phenomenal. This was a fundraising project for Habitat for Humanity and we had 13 teams participate and they had to build it so that the team that stayed for the sleepover that night could sleep in it. I can tell you that the Experience Church and their group, Teams After God, TAG, presented their home with great professionalism and they handled themselves throughout the night very well, too, and we appreciate you joining us here this evening. I have a check for you, if you will join me upfront. And after I hand this to whoever your spokesperson is, I will ask you each to introduce yourselves and maybe if -- whoever the spokesperson is, to tell us what you will be doing with this 500 dollars. Again, this 500 dollars came from the Mayor's Youth Advisory Council. We raised extra funds through the State of the City and the youth had an opportunity to identify projects that they would like to see this money go to. Habitat was a huge one. This was one of our fundraisers and so it's with great honor to tum this over to you. Contragulations. Maile: I'm Audra Maile. Me and my husband run the youth group at the Experience. We have a great group of kids and I'll let them all introduce themselves to you and, then, I'll tell you what we are going to be spending the money on. Meridian City Council October 23, 2007 Page 4 of 104 C~ Brenham: Hello. I'm Nicholas Brenham and I'm the youth chaplain and president. Esther: My name's Esther. Sawyer: My name is Donald Sawyer. I'm the treasurer. Victoria Ann: Hello. I'm Victoria Ann and I'm the vice-president of our youth group. Lohen: I'm Eric Lohen. Maile: These are the kids that participated in the shanty build. We actually have more kids in our youth group. We were limited to just having them there and they did a great job. They represented our youth group all night long by sleeping in the cardboard box, which I thought was wonderful and my great husband stayed with them, because I was pregnant and didn't want to sleep on the ground, which I appreciated. But our church really has a heart for outreach. We like to do things for our community. We really believe that Jesus Christ went out in the community and he showed people his love by giving back and doing things and so our youth have really shown a great desire to do that also. We do numerous outreaches. We go out into the community and we do things as little as handing out sodas to people on hot days, just because we know they are thirsty, to volunteering at the food bank. We have a lot of things coming up into the holidays that we want to do with the money, like feeding families that are in need and getting clothes now that it's getting colder. We also visit and do some projects at nursing homes and things like that. So, all of the money will be going back into the community. The youth group is awesome. We gave them the opportunity, since they did sleep overnight in the cold for Habitat, to take some of the money and do a party for themselves and enjoy it somewhere and they voted on it and they decided they didn't want to do that, they wanted all the money to go back into the community, so they gave that opportunity up in order to put back and I just think that that's awesome. And thank God for a great group of kids. De Weerd: Thank you. Now, Experience -- the Experience Church, you opened your doors two years ago? Three years ago. And they hit our community running, I might add. So, thank you, you have been a welcome new place of worship in our community and we wish you great success and thank you to the teams -- Teams After God and the extra. care and what you added to our cardboard box competition. I can say that our police or our fire department, who were the judges for the stability and the craftsmanship, were very impressed with it. So, thanks again. And you don't have to sit here any longer if you don't want to. My kids find it very boring, but -- thank you for joining us. Item 5: Consent Agenda: Meridian City Council October 23, 2007 Page 5 of 104 A. Approve Minutes of October 9, 2007 City Council Special Workshop Meeting: C. Resolution No. 07-584 Declaration of Surplus Property of 2 Kawasaki Motorcycles to Canyon County Sheriff s Department: D. Resolution No. 07-585 Destruction of Records for Finance Department: E. Resolution No. 07-586 Declaration of Surplus Property to Donate Computer Equipment to the Meridian Bovs 8~ Girls Club: F. Resolution No. 07-587 VAC 07-012 Request for a Vacation of the public utility, drainage and irrigation easements for Montvue Park Subdivision for Gardner Ahlguist Gateway by Timberline Surveying, PLLC -Southeast Comer of East Franklin Road and North Eagle Road: G. Approve Pipeline Crossing Agreement with Union Pacific Railroad Company fora 10-inch water main crossing the railroad tracks at RR Mile Post 456.33 for the amount of $4,800.00: H. Approve Chance Order No. 11 of Contract with Owyhee Construction, Inc. for additional Type "P" Permanent Asphalt Repair for Broadway Avenue, Meridian Road to Fifth Street Utility Replacement Project: for $106,725.00: I. Approve New Beer and Liquor Licenses for JMS Services dba My Caffe at 450 S. Meridian Road, Ste. 15: J. Water Main Easement Agreement for Meridian Village by ASTH Investments: L. Permanent and Temporary Easement Contract for the Construction of the Sanitary Sewer for the Black Cat Phase 4 Schedule A Trunk by DBSI Tanana Valley, LLC: M. Chance Order No. 5 for the Wastewater Treatment Plant Expansion Proiect with JC Constructors, Inc. for $86,236.75: • Meridian City Council October 23, 2007 Page 6 of 104 O. Indeaendent Contractor Aareement for Demolition of 919 NW 1 Street with Ideal Demolition Services: P. Approve Contracts for New City Hall Project: Precision Communications, Inc. dba TTE-PreCom De Weerd: Item No. 5 is our Consent Agenda. Zaremba: Madam Mayor, move that we approve the Consent Agenda with the following changes: Remove Item B to become 7-B. Remove Item K to become 7-K and resolution C is 07-584. Resolution -- Item D is resolution 07-585. Item E is resolution 07-586. Item F is resolution 07-587. And with that I ask that we approve it and for the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: We have a motion and a second. Any discussion? Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Public Works Department 1. Reimbursement Request for Shepherds Creek Sewer Extension: De Weerd: Under Department Reports we will start with our Public Works Department. Len. Grady: Madam Mayor, Members of the Council, several -- several weeks ago Council approved an agreement -- a reimbursement agreement with a group of developers. They are now requesting a change order for an easement through one of those properties. This is a little bit odd, because normally Public Works maintains that door and denies those requests, but they have asked to come to Council to present their request, so I'd really like to tum it over to Matt and let him present his request. De Weerd: Well, Len, after he makes his request we will ask what your recommendation is. Meridian City Council October 23, 2007 Page 7 of 104 Grady: Thank you. De Weerd: Mr. Schultz. Schultz: Good evening, Mayor and Council. Matt Schultz with RMR Consulting, 2127 South Alaska in Meridian, here on behalf of Shepherd's Creek, LLC, one of the members of a cooperative reimbursement agreement -- was us, Tuscany development, the developer of Bear Wood, and, then, the city to build approximately 3,000 feet of large diameter 27 inch trunk line across the Bear Wood project. Shepherd Creek's about three-quarters of a mile away, 55 lots, 12 acres. Back when we started the development everybody, including the city, thought that South Ridge and Bear Wood would develop on time, I guess, if you will, just -- but things have changed, as you know,and about May my client told me do something about it, so we kind of stepped up and got in contact with both of those developers to negotiate a reimbursement agreement, which we have been successful in doing through both the South Ridge project, which the line is substantially complete through now, and will be continuing through the Bear Wood project here pretty soon, two separate reimbursement agreements, which we have negotiated with dollar amounts reimbursed. The second through Bear Wood, it was set up such that Shepherd's Creek would pay the 520,000 dollars. City would reimburse. And, then, Tuscany development would pay whenever they do their first phase, which who knows when that's going to be. They would pay their nonreimbursable share in the end, about a 65 percent split -- 65-35. Pretty good -- it was a good deal. Well, during that time there has been a fourth party that owns property within the Bear Wood project, which we weren't aware of when we first started, but it became apparent that there was some -- anon-developer owner not related to Tuscany development that said if you want to put that sewer line through here now you need to pay us the appraised value of that easement, you know, and after much cussing and discussing, you know, which we thought, you know, that's going to improve the value of your property, why would you do that, they said, well, look, we are not a developer, we are just -- we are going to sell the property, that could be this year, next year, who knows when, so we went out and got an appraisal and it ended up being less than what prices were last year, which is what you would expect, but the way the appraisers look at it is they take market value, divide it in half, and that's what they give for an easement value, 50 percent. I guess that's the rule of thumb they use within the industry. Well, that came back, that section through the -- the foundation property ended being 41,000 dollars for that easement, which we are going to pay -- or my client is going to pay that easement, so we can keep going here in the next couple weeks and be done here before Christmas with that whole section between the 36 inch line the city put in last year and Bear Creek and Shepherd Creek will, you know, be all good to go and everybody will be at least happy. Well, when that came up we looked at the oversizing ordinance and said, well, off-site easements are reimbursable, theoretically. Nobody likes to talk about easements. I know. Reimbursing them. They are a touchy subject. But we decided to come back and ask and instead of asking the city to take all Meridian Ciiy Council October 23, 2007 Page 8 of 104 that cost or Tuscany Development take all that cost or Shepherd's Creek take all that cost, we are going to take all that cost up front and just ask for a partial reimbursement of aone-third, one-third, one-third split. So, the three parties that are part of the cooperative reimbursement agreement cooperate and get this easement taken care of. Like I said, regardless, we are paying it. It's going to get paid. It's just do we get reimbursed and how much? We are asking fortwo-thirds to get reimbursed by the city when we complete the rest of our line and, then, the other third gets added to Tuscany Development's fee, so in the end the city has one-third of the cost of that, which ends up being 13,666 dollars apiece. Not my favorite thing to ask for, easement's are touchy, but I think it's a -- a fair solution and I'd hope the city would agree to help reimburse my client who has some 55 lots three-quarters of a mile away in helping get in this very large regional infrastructure that benefits all of south Meridian for, you know, decades to come. So, I guess with that I'll stand for any questions. De Weerd: Council, any questions? Bird: I don't at this point. I'll wait until Len's -- De Weerd: Len. Grady: Madam Mayor, Members of the -- Zaremba: Madam Mayor, may I ask one before we go -- I understand your request for a reimbursement of a third of it, but if I'm understanding correctly, the other third of it is -- you want the city to reimburse you and, then, the city to recover that reimbursement from Tuscany? And I guess my confusion is why do we need to do a third party, why wouldn't you just recovery that from Tuscany? Schultz: Mayor and Councilman Zaremba, that's a good question, but that's how the whole agreement's been set up to where we didn't have to go out and try to get money from Tuscany Development or try to get money from Jim Jewett or whoever was involved in that particular section. In this particular section it was we would go out and have a known entity to help reimburse us and that third-party share, Tuscany Development, would -their share would be home in the form of a fee. In this case around 190,000 dollars connection fee to -- to do their first phase. Now, I might add that before this change order request -- this is change order number two. Change order number one we reduced the length of the whole section that was originally approved and not that it's related, but we did save -- and we asked for reduction of 39,000 dollars. So, coincidence in the dollar amounts that we are able to negotiate a redesign, a rebid, and reduced everything by 39,000, that's change order number one. Change order number two was this extra easement cost. So -- not that they are related, but just as a note, we are just trying to bring everything forward to you as it comes up, whether it be positive or -- or the other way, so -- Meridian City Council October 23, 2007 Page 9 of 104 De Weerd: Len. Grady: Madam Mayor, Members of the Council, Public Works is recommending denial of this change order number two for a couple of reasons. First of all, Bear Wood was a signator on the agreement. You know, the idea of those agreements are those -- those costs ,are all -- all brought forward up front, that includes easements, it includes anything that is known at that time and, again, Bear Wood was a signator on that agreement. The second issue is that easement is in future right-of--way and we just don't pay for future right-of--way easements. I know Matt's in a little bit of a tough situation here, but, again, this particular easement we would be paying Bear Wood for an easement that we -- it's just never been our policy to do so. And, then, finally Bear Wood really got a sweet deal in the fact that we are paying the reimbursement to -- particularly Bear Wood up front. They are not waiting for future hook-ups or payments. So, Bear Wood is getting a sweet deal and, then, coming forward with a change order after the fact, what's to keep one of the other signators from deciding now they want payment for some feature that should have been brought forward in the original agreement? So, that's why at this time Public Works is recommending denial of that payment. De Weerd: Thank you. Any questions for Len, Council? Bird: Not at this point. Rountree: I have none. De Weerd: Comment? Schultz: Kind of a little clarification, please. You know, with all due respect to Len, there is -- Bear Wood was a preliminary plat and there are two different owners underneath it. One of them is the developer of Tuscany Development, Inc., and one of them is a foundation whose only sole purpose is to sell the land. And I know it's a little disconcerting, a little annoying, but legally Bear Wood is not an entity. Bear Wood was a name of a preliminary plat. There are two owners out there, one of them Tuscany Development, that's not getting compensation for the easement, they signed the easement, no problems. They are the ones paying the connection fee. And they realize it's a good deal or they wouldn't have signed the agreement. You know, it's a cooperative agreement where everybody got benefits from. There is a fourth party out there that at the time we did the agreement we did not know what the -- if the cost would have been a thousand dollars for the easement, we probably just would have paid it and not had to endure coming back before you and taking care of this, but the principle -- the underlying principle that the foundation is standing by is that this is our private property, it may not become a road for several years, we don't know right now with this market. We'd like to get compensated according to a fair market appraisal of an • • Meridian City Council October 23, 2007 Page 10 of 104 easement. And I really couldn't argue with them and that's why we are paying it tomorrow, so we can keep going. Or tomorrow or the next day. But we are just asking for a little bit of a -- you know, sharing that cost. Tuscany Development's going to share some of that. We are for sure. And we were hoping the city would -- would do that. I guess with that I just wanted to clarify the ownership. De Weerd: So, let me get this right. This is future road right-of--way. Schultz: That's correct. De Weerd: We will be paying for an easement and, then, they will sell the property to ACHD at a later date. Schultz: Most likely, yes. Bird: You just made the property more valuable by having the -- Grady: And, then, Madam Mayor, like I said, I wanted to emphasize that Bear Wood in particular -- we went the extra mile to try to get this going and we asked for the -- they asked for the reimbursement up front, so they are getting cash on the barrel head when the -- when the project is done, they are not even having to wait for future hook-up fees. So, it's -- it's really unprecedented, at least in my opinion. Schultz: I wish Bear Wood was here. Bird: Madam Mayor? De Weerd: Keith. Bird: Len, on change orders, in my experience the owner, you can -- as a subcontractor or something, you can request for authorization, but the change orders usually is started through the owner, which would -- at this point would be Public Works. Did you start this change order? Grady: No, we didn't. And you also raised a really good point. Typically, change orders are for unknown costs, you know, unforeseen groundwater, basalt creeps through there, something you didn't anticipate. If you wanted payment for an easement up front, that should have been built into the original agreement. So, the whole spirit of the change order is kind of an odd one in this. case. Bird: Thank you. Thanks, Mayor. De Weerd: Any other questions? Anything further? • • Meridian City Council October 23, 2007 Page 11 of 104 Schultz: Only that it's only a change order because we didn't know about it at the time we did the agreement. That's why it's a change order. It is an after-the-fact issue that did come up, so I just want to clarify that. Thank you. Bird: Matt, a question for you, then. Did you know this fourth owner owned the ground that you were going through? Schultz: In the process of getting the plans done and the agreement done, it came to our attention that there was a separate owner. Didn't know how forthcoming they would be on the easement. We thought they'd come easy, they didn't come easy. It's just kind of -- Bird: Why didn't we -- why didn't we get him to sign on board with it? Or did we? Schultz: They are not interested in developing the property. They weren't there -- they are not interested -- and as far as -- that plat could expire next year, it would be reverted back to farm ground as far as they are concerned. Again, we do not .represent that party. We are an unrelated third party to that property. In fact, we are probably a competitor. It's been amazing that we have been able to pull off something this big and get this sewer line coming to this stage with all the different parties that we do have, I think. It's been a tough road to get this thing to this point and we are just asking for a little help. De Weerd: We know. Our staff has to do it quite often. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Madam Mayor, I guess maybe to just make one point clear, in case it isn't, but our agreement with Shepherd's Creek does authorize them the ability to request this change order. This is not -- this is not outside the confines of this agreement. They are allowed to ask. Mr. Schultz does know that that is certainly within the Council's purview to grant that. But he does have to ask prior to incurring the cost and that is what's required in our agreement. So, although it is common, as Mr. Grady said, that most change orders on projects that are managed by Public Works go through the Public Works Department, we have an agreement that grants the developer here the ability to ask and the requirement that they ask before they incur it. So, this is not out of the norm of what we have agreed to, but it's still within the discretion of this council on whether to grant all of the request, part of the request, or none of it. So, just wanted to make that clear. • Meridian City Council October 23, 2007 Page 12 of 104 De Weerd: Thank you. Schultz: Thanks. Grady: Madam Mayor, just to follow up. I do believe Matt was unaware of the easement cost, but, obviously, the money is going to Bear Wood and I -- I -- Bear Wood was a part of that agreement and, obviously, Bear Wood, if they wanted payment for that easement, would have known that up front. So, Matt may have been surprised by it, but Bear Wood being part of the agreement is, basically, the recipient of that money and that should have been put in up front. I guess that's my biggest concern. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I'll have to admit that I don't remember these plats as they came through, but was Bear Wood aware that they were missing a piece of the property that they were talking about? Did they present a plat that covered a piece of property they didn't own? De Weerd: I don't know. Len, do you have any -- Grady: I have been trying to contact Greg Johnson for -- for about two weeks now and we have been playing phone tag. It's my understanding that the property may have changed hands once or twice or whatever, but the reimbursement agreement runs with the land and that would have come whoever signed that agreement was -- is the owner of that land or represented as the owner of that land and if he sells it or changes hands, the agreement still runs with the land. So, I'm not sure that has any bearing. Zaremba: Madam Mayor, just to clarify, it's your understanding that the original agreement covered the piece of property that we are now talking about that -- Grady: Oh, yeah. No question. Yeah. No question. Zaremba: That it was atone point part of that agreement. Grady: Correct. Zaremba: That's sort of what my previous question was, but it wasn't clear enough. Bird: Did Matt understand that, too? • • Meridian City Council October 23, 2007 Page 13 of 104 Schultz: Madam Mayor and Mr. Bird, thank you for letting me clarify that. My understanding -- I wasn't involved in that project, but from what I understand, that piece of property was deeded over into a trust. I think the intent was in a rising market to sell it back and, then, in a falling market there has been a disagreement between the partners and they are like we are just selling it. And so this truly is a fourth party that's not related to Tuscany Development -- is not related to Tuscany Development. Tuscany Development has signed off on the reimbursement. We have agreed to build the entire line through both projects, but Tuscany Development was the only party to the reimbursement agreement, the foundation. The Craig and Rebecca Groves Foundation was not a party of that original reimbursement agreement. So, essentially, we have agreed to build this pipe across the full -- both properties, one of those costs being an easement and along with pipe and manholes and everything else. We would get reimbursed and Tuscany Development would pay the connection fee and that fourth party was never a part of that. Zaremba: I don't know if this distinction is important or not, but I understand that you're saying the current owner of a piece of this property didn't sign the original agreement. But at the time the agreement was signed, was this property a piece of the rest of the property? Schultz: The agreement was signed at the end of August, a month and a half ago. I believe this property has been owned by the foundation for a couple years. Zaremba: Okay. Schultz: The preliminary plat's been done for a couple of years -- I don't know, a year and a half, two years? Zaremba: Uh-huh. And that -- the preliminary plat was missing this piece. Bird: No. It had it underlined and Ithink -- I don't know the timing of the deed. Somewhere around the timing, either before or after the preliminary plat this underlying property was deeded to a different entity. Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council -- and I think that's probably the key point that Mr. Schultz is making. These are different entities, but -- I have the agreement up in front of me and it was signed on the 31st of August by Craig Groves as the secretary for Tuscany Development. So, Mr. Groves did sign the agreement, but a different • • Meridian City Council October 23, 2007 Page 14 of 104 entity, which he is also a part of, owns this easement. So, I think that's where the issue is. Bird: Can lask a -- De Weerd: Uh-huh. Bird: Matt, you might not be able to answer this. Did Mr. Groves -- was this property in question in his -- in this foundation's name when we did the plat and stuff? Schultz: You know, that was before my time and I don't know if -- when the preliminary plat went through. Bird: I think we platted the whole property. I think everything did and it all came under one deal and Ididn't -- I did not know there was any distinction. It was never brought forward to us. Schultz: I didn't know that until about June myself -- or July didn't know how it was going to end up on the easement. It is board of trustees. Craig's not on it. It all sounds fishy. I'll messenger. I am a messenger. Bird: You said that. I want to -- you said it. Schultz: I wish Craig was here to endure this himself. Rountree: So do I. Bird: So do I. De Weerd: Well, you're having so much fun. myself. And, then, we an independent trust -- give you that. I'm the Schultz: I am. It's a great pleasure to be here. And especially with an easement, as we know. They get interesting. I'm here to disclose our burden as Shepherd's Creek, LLC, not related to any of these parties -- to pay the full cost. If we get reimbursed, that would be helpful. If we don't, we are still going to give the easement and get that thing - - that sewer line through there. So, we are asking fora 13,000 dollar commitment. We are going to throw in 13,000 just to share the load and asking Tuscany Development to throw in 13,000 to share the load. So, it will be a three way split. Not asking any one party to bear it. Bird: But you're asking us, if I understand right, to give you 26 and, then, we are going to collect from Tuscany the 13. L~ Meridian City Council October 23, 2007 Page 15 of 104 Schultz: I'm asking -- Bird: Why don't you be the collection agency? Schultz: From Tuscany? Bird: Yeah. Schultz: I can do that. De Weerd: And Craig Groves. Schultz: Oh, trust me, yeah, we have had discussions already, but, no, I can work that out with Greg Johnson. Greg's an honorable guy and he will bear the burden on that, so -- but I just want to lay our cards on the table. Like I said, if we get a savings, we bring that before you, you know, we are all up front and up above board here. This is a developer driven tum key project. We finish it, pay for it, hand you over the keys and, then, there are some reimbursements that happen. So, it is a little unique in that respect. De Weerd: Council, this is why you get paid the big bucks to make the decision. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: My comment at this point -- my position at this point would be to deny the request. My comment is maybe this isn't the right time to make the request. I don't think we have all the information that we need necessarily as it relates to that original plat. But my recollection of that original plat was the whole -- the whole parcel and one developer and if that's the case, I think that they should honor that -- the agreement should honor that and those folks should honor it. So, I would recommend that -- I know Matt's in a position where they want to move forward and Mike's back there wanting to move forward, but maybe now is not the time to make this request and get action tonight, because I'm not sure you're going to get the answer you want tonight, but I don't know how the other two feel. Bird: Madam Mayor? De Weerd: Mr. Bird. i Meridian City Council October 23, 2007 Page 16 of 104 • Bird: Len, is there -- we have had this before and that. Is there any way that we can move that sewer line and skip this property? Schultz: I tried. Grady: Madam Mayor, Councilman Bird, I did offer to Matt, you know, to take a look into this and see if we can -- you know, if we -- first of all, give me time to talk to Greg Johnson. I offered to do that and see if there is any way we can waive this. I also offered that -- to take a look and see if we did have to pay this, if we can, then, tag that development with that -- those monies in the future, both of those would be palatable to Public Works, because we are not setting a precedent. And, then, I committed to one additional -- oh, I also agreed to talk to my liaison and see if maybe I was judging a little too harsh. Mr. Schultz went away and came back and said, no, he wanted to go to Council. So, that's what why we are here is -- is he wanted a decision, so that's what we are going to give him. De Weerd: Yes, Mr. Schultz. Schultz: Seeing how this is going, I'd ask to withdraw our change order number two at this time and we are going to pay for the easement and we will assess our costs and once we figure out ownerships and see if it's more appropriate to bring it back later or not. And we may just take care of it with Mr. Johnson and Mr. Groves, but just withdraw the request. Rountree: Madam Mayor? De Weerd: Yes. Rountree: Are you open to the suggestions of Public Works maybe getting involved in possibly coming up with a solution? Schultz: We appreciate any help we can get. Rountree: Okay. Schultz: We feel like the Lone Ranger out there sometimes, so -- Bird: And -- Madam Mayor? I'm song. De Weerd: Yes. Bird: And follow up on Councilman Rountree, I don't want to set you -- I don't want you hanging out there in the comer, but in the same token, everybody should pay their • Meridian City Council October 23, 2007 Page 17 of 104 share and I have no problem helping from the city if everybody else is, but I think we have got a person that by hook or crook is getting some other deal and so I'm -- you know, I appreciate pulling the change order request and why we can't work something out -- I think we can. Schultz: I appreciate that and, like I said, we are moving forward regardless. The sewer's going to be there before Christmas, so -- Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, the primary reason Mr. Schultz is here now is because the agreement that we have requires he ask before he incurs it. If this Council is of the mind set to at least leave that door open, then, he can come back and request it later and he's not barred from that request by the language of our agreement, then, I would suggest maybe make that in a motion to allow him the opportunity to bring it forward later when the project is completed and, then, we are not going to run into an issue that -- or our contract says he's not allowed to do that and, then, he can still come back later. Zaremba: Madam Mayor? De Weerd: Yes. Do you want Len to comment before you ask your question? Zaremba: No. Go ahead. Grady: Sony, I thought you were getting ready to ask me a question, so go ahead. De Weerd: Well, we did just ask you a question. I guess what I would like to hear your comments on are the recommendations by Mr. Nary and if you think that this is something -- I think you can work with him to find a better solution, but do you mind that this Council would leave that door open for you to give that ability? Grady: Madam Mayor, Members of the Council, I believe that, you know, we can -- I'm optimistic we can come to an agreement, but it just -- at this point, because Matt did bring it forward, it seems a little silly to, then, come back later. It would be my preference that you rule on it and instruct me to do anything reasonable to help him work it out, so that we are not back here in two months again with this same discussion. But I'm willing to go either way. That would be my recommendation. De Weerd: Mr. Zaremba. C Meridian City Council October 23, 2007 Page 18 of 104 Zaremba: The issue that would hold me up on making a decision is whether or not the original plat included this piece of property and it's already covered by the agreement. But we don't seem to have any proof one way or the other and I would support the idea of leaving the door open for a later time if when it came back -- and by a later time that could be our next meeting, which is two weeks from now -- if when it came back we had that answer to whether it has already been obligated under the original plat and there has just been some shuffle since then and the other piece of it is I would be more interested in talking about the city only doing the third, not doing the other third and being reimbursed. Grady: Madam Mayor, I'll chime in again. I -- from memory I'm reasonably certain that we dealt with -- with the Bear Wood people to make sure that that sewer ran right through their property and I remember it coming in at a -- at one block of land and that sewer ran from one end to the other. Zaremba: So, Madam Mayor, that being the case, it's already covered. Is that correct? Grady: Well -- and that's my issue is -- Zaremba: If that's the scenario. Grady: It's in future right-of-way. Now, I would be willing to state that if you base your decision on that and I'm wrong, then, I will come back and tell you I made a mistake there and that perhaps you need to reconsider, if that helps. De Weerd: Council, what is your direction on this? Rountree: Madam Mayor, see if I can compose a motion here. I move that we direct staff to work with the requester and the signators of the Shepherd Creek sewer extension, as well as the potential outlier and work to resolve. If there is no resolve and the facts of this particular application become more clear, allow the opportunity for the requester to come back to Council and ask for consideration of compensation. Bird: I will second that. De Weerd: I have a motion and a second. Any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Mayors Office Meridian City Council October 23, 2007 Page 19 of 104 C~ 1. Appointment of Kirk Morris to Meridian Development Corporation• De Weerd: Item 6-B under the Mayor's office. I do have some information that should be in front of you regarding Kirk Morris, which is who I would like to appoint to the Meridian Development Corporation. Kirk has experience working with urban renewal districts and the planning and visioning of urban renewal districts. When we did put this out for those interested, Kirk did apply during our last opening and he renewed his interest. We didn't get a -- we didn't get very many people or any others. I did hear through one of the Council members someone that was interested, but he never contacted my office. So, I did meet with Mr. Moms and he's got a of lot great ideas and background that I think will add to the current seated board a new perspective and I bring his name to you for confirmation. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Kirk Moms to the Meridian Development Board and when is the -- which seat? He's taking -- De Weerd: Jon Cecil. Bird: Cecil. And when was the -- De Weerd: It was open seat and I believe it - Bird: So, it will be in 2010. De Weerd: Yes. Bird: October -- or August of 2010. De Weerd: August of 2010. Bird: So moved. Zaremba: Second. De Weerd: I have a motion and a second to approve the appointment of Kirk Morris to the Meridian Development Corporation, with the term to expire in August 2010. Mr. Berg. Meridian City Council October 23, 2007 Page 20 of 104 Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Finance Department 1. Approval of Award of Citv Hall Bid Packages 16 8< 22. Amount of Award for Package 16 Audio /Visual is $204,378.72 to AAtronics, Inc. and Package 22 Security Systems $84,695.00 to Apex Integrated Security Systems, Inc.: De Weerd: Thank you. Appreciate that. Item 6-C is the finance department. I will tum this over to Keith Watts. Watts: Madam Mayor, Council members, I have before you the remaining two bid packages from phase three of the City Hall bid. It is for audio-visual equipment and the security package as well and I'm just asking for award of these two packages and the authorization to enter into the contracts. Here for any questions. De Weerd: Council, any questions? Do I have a motion? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I would move that we approve package number 16 to the new City Hall, the audio- visual for $204,378.72. I don't know why we can't round them off. To AAtronics, Incorporated, and package number 22, the security systems, the sum of $84,695 to Apex Integrated Security Systems and for the Mayor to sign and the clerk to attest. Rountree: Second. De Weerd: I have a motion and a second approving item 6-C-1. Any discussion? Hearing none, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. 2. Cooperative Construction and Reimbursement Agreement for North Black Cat Trunk Sewer with • Meridian City Council October 23, 2007 Page 21 of 104 Brighton Development, Inc., Treehaven, ,LLC, Primeland Development Group, LLC and the City of Meridian: De Weerd: Item 6-C-2. Grady: Madam Mayor, Members of the Council, I'll jump in on this one. This particular agreement -- the bids for this particular agreement were opened yesterday. I think -- I think it was too quick to get this on today's agenda, so I'm asking this to be delayed until the next available Council meeting. I believe that's November 7th. I know that the developers are anxious to get this going, so I have set up a meeting with them tomorrow to see -- to see what steps we can take to get them -- get them going on their project, so -- De Weerd: Yeah. We can just hold it over. We don't need a motion. Grady: Yeah. De Weerd: Correct, Mr. Berg? Bird: We are going to the 7th, then? Berg: We will just go to the 7th. Grady: 7th. Yeah. Probably under Public Works. Bird: But whoever is the -- or whoever you selected can get started. Grady: Well, actually, the apparent low had some problems with their bid and, once again, that's the problem with pushing these things too quick is we have to go to the second low bidder and the intention is to get together tomorrow and see what we can allow them to get going on and keep the project on track best we can, but I just don't think at this time we can award the bid. Bird: Okay. Item 7: Items Moved from Consent Agenda: 7-B. Resolution No. 07-583 MDC Proposed Fees In Lieu of Parkins Policy: De Weerd: Very good. We did have two items moved from the Consent Agenda and we will hear Item 7-B first. I believe, Mr. Bird, do you have -- • • Meridian City Council October 23, 2007 Page 22 of 104 Bird: The only reason I wanted to bring that off, Madam Mayor, was I wanted a roll call vote on just this item. I agreed on all the -- all the Consent Agenda, but this one item I cannot vote for. This resolution. De Weerd: Thank you. Then, I would need a motion to approve and we will ask for a roll call vote. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 7-B, resolution 07-583. Zaremba: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Berg. Roll-Call: Bird, nay; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. 7-K. Addendum to Development Agreement: AZ 05-066 Request for Annexation and Zoning of .50 acres from R-12 to C-G zone for Meridian Veterinary Clinic by Architecture Northwest - 415 West Franklin Road: De Weerd: Thank you. Thank you, Mr. Bird. Item 7-K. Mr. Zaremba. Zaremba: Actually, I had a question on this one. The addendum to the agreement removes a paragraph from the original agreement and that original paragraph required the approval of their building. As I recall, there were some reasons for putting that requirement in there, some of which I find are not actually written in the development agreement, but some of the issues for asking that they get approval of their building were that they -- they presented a concept plan that was not real definitive and some of the issues were being certain that it was going to be a facility for small animals, not large animals. There were some other issues on how that building would relate to alternate landscape compliance, since they were not able to meet the 25 foot buffer that would be required were this a new building fronting Franklin Road and I guess, in general, I question the wisdom of just wiping out a paragraph that requires the approval for any property, not just this one, but I think there are some issues and I guess my main question is -- is staff comfortable with us wiping that requirement out that they see -- see the building and approve it? If we take that paragraph out, there is no further review. Meridian City Council October 23, 2007 Page 23 of 104 Canning: Madam Mayor, Members of the Council, perhaps Mr. Nary can help me out. Was this addendum done as a modification to the development agreement or -- I don't remember this discussion and I have to confess that sometimes I don't read the Consent Agenda very closely. De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I didn't put it on either, so I don't know. I didn't do it and I wasn't here for that discussion. So, I'm not certain on this particular one. So, why don't we just take it off and we will bring it back, because I don't recall this -- I recall the discussion at Planning and Zoning and when it originally was annexed and I wasn't here maybe the week that -- that would have been two weeks ago, I wasn't here, so I don't know where the genesis of this comes from, so once it gets off the agenda it goes through a process that I don't see it again and Mrs. Canning doesn't see it again. So, why don't we go ahead and pull it off and we will figure it out and if we need to bring it back, we will bring it back, Madam Mayor, so -- Zaremba: I would ask that if it comes back, it comes back as a regular item, as opposed to a Consent item. Nary: Sure. Bird: I would second that. De Weerd: So staff can comment. So, Mr. Berg, do I need a motion to continue this? Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I move that we continue AZ 05-006, addendum to a development agreement relating to Meridian Veterinary Clinic, our current item, 7-K, to November 27th. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Rountree: I have none. De Weerd: Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. • Meridian City Council October 23, 2007 Page 24 of 104 MOTION CARRIED: THREE AYES. ONE ABSENT. Item 8: Tabled from October 16, 2007: FP 07-026 Request for Final Plat approval for 140 single-family building lots and 21 common lots on 89.70 acres in R-2, R-8 and R-15 zones for Jayker Subdivision No. 1 by Treehaven, LLC - 4042 West Chinden Boulevard: De Weerd: We are finally in our agenda. That wasn't too painful, was it? .Item 8 has -- was tabled from October 16 on FP 07-026. We have received an agreement from the applicant that agrees with staff comments. Council, is there any further information you need or do I have a motion? Grady: Madam Mayor, sorry to jump in so quick. Jaykers was put in in anticipation that the cooperative agreement would be in place. With the cooperative agreement being delayed, we -- Jaykers would have no viable way to get sewer, so I'm asking that it also be moved to November 7th, until that reimbursement agreement can be in place and, similarly, I have been in contact with the engineer and he's also coming in tomorrow to see what we can allow him to get started on prior to this approval. So, I'm asking for that to be continued to November 7th. De Weerd: I need a motion. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we table -- or continue PF 07-026 to November 7th, 2007. Zaremba: Second. De Weerd: I have a motion and a second to continue Item 8 until 11/7. All those in favor say aye. All ayes. Motion carried MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9; Tabled from October 16, 2007: FP 07-032 Request for Final Plat approval for 192 multi-family units on 48 building lots and 1 common lot on 13.99 acres in an R-15 zone for Canterbury Commons Subdivision by Canterbury Commons, LLC -south of West Pine Avenue and east of North Ten Mile Road: De Weerd: Item 9 has also been requested to continue to 11/7. Do I have a motion? • Meridian City Council October 23, 2007 Page 25 of 104 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we continue FP 07-032 to our regularly scheduled meeting of November 7th. Bird: Second. De Weerd: I have a motion and a second to continue Item 9 to 11/7. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: FP 07-033 Request for Final Plat approval for 5 commercial building lots and 1 other lot on 6.67 acres in a C-G zone for Gardner Ahlauist Subdivision No. 2 by Ahlquist Development, LLC -Southeast Comer of Eagle Road and Franklin Road: De Weerd: Item 10, is a final plat. We did receive comments from the applicant. They are in agreement with the written conditions. Anything further from staff? Canning: No, ma'am. De Weerd: Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 07-033. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 10. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council October 23, 2007 Page 26 of 104 Item 11: FP 07-034 Request for Final Plat approval for 14 single-family building lots and 2 common lots on 5.08 acres in an R-4 zone for Quarterhorse Subdivision by M2 Land, LLC - 710 North Black Cat Road: De Weerd: Item 11 has been requested to be continued. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I move we continue FP 07-034 relating to Quarterhorse Subdivision to our regularly scheduled meeting of November 20, 2007. Rountree: Second. De Weerd: I have a motion and a second to continue Item 11 to 11/20. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 12: Continued Public Hearing from October 2, 2007: PP 07-014 Request for Preliminary Plat approval for 34 commercial /retail building lots and 1 common lot on 17.84 acres within the C-G zone for Emerson Park Commercial by Kuna Victory, LLC - 2910 & 3030 South Meridian Road and 110 East Victory Road: De Weerd: Item 12 is a continued Public Hearing from October 2nd on PP 07-014. I will ask for staff comments at this time. Canning: Madam Mayor, Members of the Council, this is a continued Public Hearing, but you have not had a presentation on it yet, so I will give you a full presentation. The property -- this is the Emerson Park Commercial property and it's located at 2910 and 3030 South Meridian Road and 110 East Victory Road. So, it's the northeast comer of South Meridian and East Victory Roads. You have seen this as Mussell Comer in the past. The application before you is a preliminary plat. The proposed development includes approval of 34 commercial retail building lots and one common lot on 17.84 acres in an existing C-G zone. I have just been informed my screen is not working. There you go. Thank you. You do have some elevations before you tonight to go along with the plat. I'll scroll down and find those. And they, actually, consist of the photos that were submitted with the development agreement modification application and these are consistent with that one. What that development agreement modification stated was that principal permitted uses on the subject property are allowed without conditional use approval provided that all future buildings have sloped metal roofs with overhanging • • Meridian City Council October 23, 2007 Page 27 of 104 eaves that are supported by posts, are oriented toward the public street, front door facing street, siding visible from the street containing at least a three foot tall wainscoting constructed of stone, brick, or other similar materials. That each building will provide a variety of building materials and colors and each building is generally consistent with the nine pictures submitted. If a future proposed building is not consistent with the above-mentioned provisions, then, the building and use shall be required to obtain CU approval prior to construction and operation. So, those are the provisions that are in place for design review. And there is your concept plan. The Commission recommended approval at their September 6, 2007, Public Hearing. Chris Tverdy and Oaas Laney spoke in favor and no one spoke in opposition. No one commented or provided written testimony. Key issues of discussion by the Commission were the existence of the buffer along Victory Road within the right of way, rather than on the property as required by the UDC. The existence of a previously approved parking lot for the 2M building within the required buffer area along Victory Road and widening the existing five foot wide sidewalk along Meridian Road to a ten foot wide sidewalk as required by the UDC along state highways. The key Commission changes to staff recommendation were they struck the condition 1.4 that required the ten foot wide pathway along State Highway 69. They modified condition 1.1.68, which required a 25 foot buffer along Victory Road and, instead, required alternative compliance and provide a 15 foot wide buffer where there is adequate room available on the site. And, then, the altemative compliance application shall be submitted prior to a current -- concurrently with the final plat application. I'm going to take just a second and talk about that one before I continue the list. What had happened was that ACHD had originally acquired sufFcient right of way for I think a five lane arterial and had decided to bring it back down to a three lane arterial, so there was excess right-of--way, similar to the issues that we have been seeing along Eagle Road in some instances. I was going to suggest to Council, unless you're opposed to it -- I can take care of those as altemative compliance and I think what we will do is bring a department report forward to you stating under what conditions we accept alternative compliance for that, rather than requiring a variance. So, the requirement you see tonight is for altemative compliance on this property. Moving back to the list. Strike condition 1.1.6E requiring the ten foot wide pathway and modify condition 1.17 to require a minimum of 15 foot wide buffer to be located outside the ultimate right-of-way. So, a lot of these changes are just getting to the same two ideas here. Modify condition 1.1.13 to allow for the relocation of existing access to Meridian Road further to the north, if agreeable with the owners of Double D. A variance is required to be approved by City Council for the relocation of the existing access point to a state highway. Modify condition 1.2.2 to allow the pond to remain, but require to have recirculating water and be maintained so that it does not create a mosquito breeding ground. And modify condition 2.1 to read: Staff will work with the applicant to draft a reimbursement agreement that will go before City Council for approval, as outlined in City Code 9-4-19 and perhaps the Public Works director can give more information on that one if need be. Modify condition 3.17 to allow for the option of incorporating the required emergency access into the requested • Meridian City Council October 23, 2007 Page 28 of 104 • stub street along the northem boundary of the property. Construction plans shall be approved by the Meridian Fire Department. And, finally, modify condition 1.1.1 in Exhibit B to require that applicant to modify -- apply for a miscellaneous application to amend the existing DA for the site to reflect the conditions of approval for the subject preliminary plat. So, there is one outstanding issue before Council that we are aware of. The applicant wants to modify condition 1.1.12 to allow the northem driveway -- I think the aerial shows it best. The northem driveway at the very north end of the property to continue the use until the third phase of the development is complete. Right now we have it subject to signature on the final plat with the intent that it be the first final plat. The original DA allowed for the temporary access to State Highway 69 and, again, the original development agreement was done prior to our adopting our access to state highways ordinance, but it reads that that temporary access is allowed until such properties are redeveloped and this preliminary plat does include that property that is being redeveloped. So, this is a redevelopment of that property. Furthermore, because we adopted standards related to access to state highways since the property was originally annexed and because, again -- because you now have this preliminary plat request in front of you, staff believes that granting the applicant's request could only be done with a variance application at this point and was not intended with the original DA and you do not have a variance before you tonight, just the request. So, staff asks that you clarify that condition 1.1.2 specifically to say that prior to signature on the first final plat. And that's a lot of changes without having the description of the proposal yet and I'll let the applicant do that, but there was a lot of wordsmithing that went on with those conditions and I'll answer any questions you may have now or if you'd like to wait until the applicant has presented the project I'll answer them then. De Weerd: Any questions right now? Rountree: Not at this point. Bird: Not at this -- Zaremba: I do have questions, but I'll wait for the applicant. De Weerd: If you will, please, state your name and address for the record. Tverdy: Good evening. Chris Tverdy. 519 West Front Street, Boise, Idaho. I'm the project manager for Oaas Laney and specifically working on this project today. Staff has done a great job in presenting the project and there are a lot of details associated with the development, but I think in essence of time I will just jump right to the conditions that we worked on with staff and the items that we would like to bring up for your consideration today. Getting right to condition 1.1.12, the items that staff has commented on about the north access onto Meridian Road, the development agreement that was put in place a couple of years ago I think is perfectly identified, said • Meridian City Council October 23, 2007 Page 29 of 104 language such as applicant shall be allowed to use a temporary access onto Meridian Road until such area redevelops. Currently on this property the Victory Greens Nursery is operating and that is a very used access point for them. As we have done improvements, as recently as the -- you know, the middle of this last summer to the -- along the lines of the development agreement, our understanding all along is that that access is -- is remaining until the development is complete and we really -- this was really new news to us this week in conversations with staff, we felt that we were in the same understanding with staff that it was going to be until the end of the development was complete. However, staff, as has been presented, really wants this to be vacated at the beginning of our project. Since this is going to be a five to seven year build out, that puts us in a pretty extreme hardship on the operating business that is -- that is there and, you know, using the majority of that property and that really is just not something that we feel like we can accept at this time. Phase one -- and I don't know if you can see it on -- very well, because that's pretty small print up there on the screen, but maybe your handouts show it, but phase one is the southeast comer and that really is going to be the development that is initiated and worked on for the next year and a half and, then, we really don't intend to be even touching the northern portion of that property for quite some time, simply because there is a lease -- an active lease and an active business on that property. But to go through and get this platted we simply are submitting a preliminary plat to see what the entire development looks like. So, our proposal is that at the end of this condition -- at the end of this sentence we add: Of the final phase of the development. So, that sentence would read: The access driveway at the north end of this site to Meridian Road that is currently being used for loading for Victory Greens shall be removed and the use discontinued prior to the signature on the final plat of the final phase of the development. My cold medicine is kicking in. I think I can move onto the next couple of points and we can -- unless you have any questions on that specific topic. The next item is a small one on condition 1.1.13. This condition was put in -- can I approach this and just point to the -- De Weerd: Yes. You can grab the microphone right here on the stand. Tverdy: The next item that we are dealing with is this comer here is the current operation of the Double D and there is a -- there is a right-in, right-out entrance point right here. We -- to make this traffic flow work, we are considering talking to the other folks on the -- that have interested parties in this comer about moving that down here to make a better access point for the whole subdivision. I think there are going to be significant challenges of doing that, but what we ask staff for was just the opportunity to be able to come back and move that if all parties agree. And so the language that's in there deals with that point. The item that I wanted to mention, though, was that our attorneys feel as though the term variance is probably misused, in that variance has a much higher standard of approval and acceptance and we really just would prefer that condition to say that it requires the approval of appropriate agencies and the -- the City Meridian City Council October 23, 2007 Page 30 of 104 • Council. That's all. We want it -- we certainly understand we have to come back and get it paid for. De Weerd: Through a variance. Tverdy: Did I say paid for? I meant approved. The item number three, section 2.1, relates to the reimbursement agreement and we are in agreement with Public Works and with staff related to the requirement to extend the sewer trunk line from the comer of Meridian and Victory the length of our property through a reimbursement agreement. What I was nervous about in the planning meeting was that we simply have no understanding of the cost associated with that and desire to engage in some value engineering to make sure that this is a good plan and a good design. We are still in the process of negotiating appropriate placement of that and I believe I have a meeting tomorrow to take this up a little bit further. The heart of our concern is placing the sewer line right down the middle or, essentially, the middle of Victory Road versus off into the property that is currently owned by Kastera on the south side of the -- of Victory. It will substantially reduce the cost to put in that line and that's really what is the hold up to come up with the engineering and I think staff may have a comment or two on that and, again, we are not -- similar to the previous gentleman in here, we are in agreement that we need to put it in. We are certainly wanting to just continue discussions to make sure that that's done in the most efficient manner. I went through that very quickly, but those are the heart of the issues that we have with the staff report. Everything else we agree to. I think staff has done a fantastic job in helping us with this property, because as you know, it's been through this process a couple times and it has some tricky elements related to the highways around it. So, anyway, appreciate the work that they have done to date. So, with that I would stand for any other questions. De Weerd: Thank you. Council, questions? Bird: I have none. Zaremba: Madam Mayor, I think I would now ask a couple questions of staff, but while you're standing there. Tverdy: Okay. Zaremba: Can you go back one slide? I think there was a slide before this, depending on which direction you go. That one. Yes. Because it shows where other streets align and so forth. Actually, the first question isn't on the streets. I guess my question is for some reason the Commission gave up ten foot wide sidewalks in places where the city would ask for them. Would staff care to venture an opinion on that? • Meridian City Council October 23, 2007 Page 31 of 104 Canning: Madam Mayor, Members of the Council, Councilmember Zaremba, I suspect -- I didn't read the minutes, but I suspect it's because we didn't ask for one originally with the annexation and the -- because the code changed, they didn't want to make them rip up the five feet to put in the ten feet. Tverdy: Yeah. I can answer that if you'd like. Zaremba: Okay. Tverdy: The sidewalk that we put in is really about seven months old, because we put it in per the requirements that it be five feet and so the Commission agreed that, yeah, it doesn't make sense to go up and rip in -- rip up all of that landscaping that we have done to make that ten feet, rather than five. Zaremba: And I wasn't totally clear -- when we talk about the access that's at the north end, we are talking about absolutely north end; right? And my recollection is from discussing this property across the street, that that's on the quarter mile and I may or may not be correct about that, but normally at the quarter mile we might look for aright- in, right-out and I guess the question, again, to staff is does that really need to totally go away or would it be useful for -- I think there was some thought that it would extend back into these other properties at some time and be used by all the properties. Canning: Madam Mayor, Members of the Council, staff is going by code and the code currently says if an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise acquire access to a street other than the state highway. The use of the existing approach shall cease and the approach shall be abandoned and removed. So, with regard to both the requests to relocate one access to the state highway and to continue the temporary use, even though there is a change in intensity in the use of the property, both require a variance application and all we are saying tonight is you shouldn't be making a decision on this, you should have a variance application in front of you before you make a decision on the matter. Zaremba: Thank you. De Weerd: A variance. Tverdy: Madam Mayor, Councilman Zaremba, I think a key point that staff had -- is not realizing or taking into consideration is that we aren't developing that comer. We have submitted a preliminary plat because of the urging and requirement to -- when you start a venture like this you want to see the entire picture, we don't want to do it one little piece at a time, we want to plan for the whole development. We are only going to be asking for a final plat in the coming months on the first phase of our development and that's why we are asking for that condition to be clarified, so that the -- we certainly • Meridian City Council October 23, 2007 Page 32 of 104 acknowledge and agree that as we get to final plat on phase three, which is that northern portion, we will abandon that spot in favor of a through connect to the properties to the adjacent property and we feel like that's a hundred percent in agreement with the development agreement that is currently standing on the property. Canning: Madam Mayor? De Weerd: But didn't the original development agreement allow the temporary access that you currently have until any of the rest of that redevelops? Tverdy: Ithink the language is expanded use, you know, and there is no expanded use, it's staying in the current existing form, it being used by the Meridian Greens Subdivision -- or not subdivision. Nursery. So, I mean -- and I hate to play on words here, but I think it's pretty -- pretty key that we really aren't redeveloping that property. These are separate parcels all owned by one. Canning: Madam Mayor, my life is all about playing on words and we consistently review -- if a 17 acre parcel with one use on it is different than a ten acre parcel with the same use on it, that is a change in intensity of the use. To take the example further, we would have everybody putting their properties that have access to the highway in their last phase and, then, never redeveloping that last phase, so that that access could always stay and these are the reasons we are always trying to get these things up front to make sure that -- that we address those things and it's very consistent with the nonconforming use standard that we apply for all properties. De Weerd: Thank you. Anything further? Zaremba: Thank you. Not for the moment. Tverdy: Madam Mayor, if I could make one additional comment there. The other item that I don't want to overlook -- and we got through the agenda much quicker than I thought we would and so I don't know if -- if Tim Mussell, the Victory Greens owners, is going to be here to testify, but I don't really want to represent him, but he is significantly worried about the negative impact that closing that entrance has in his business -- on his business operation and Ithink -- I fully understand and respect the position that staff has on it, but it puts us in a position where we -- where we either have to shut down the use on the entire property, because that a current use will not -- will not be able to last in its current form or we don't go forward with the development. And I think this development has --Ithink has the favor of the surrounding community and the Planning Commission as well and I think that -- I mean I do respect the position and especially the comments about the wiggle room that leaving that open leaves for the developer, but I think in this case there is an existing use and when that existing use ceases, the Victory Greens business ceases on the property, that's when we will develop the rest of • Meridian City Council October 23, 2007 Page 33 of 104 it and that, really, is the heart of the issue. The access isn't for the development, it's for Victory Greens business that's operating there today. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: If I remember, part of your earlier testimony was that they have a lease that has five more years to run. May I ask the city attorney could we put a condition on that that access would remain until the first of two things, either five years exactly or phase three is developed? And maybe I should ask the director if she would be willing to have that happen. Nary: Well, Madam Mayor, Members of the Council -- and I guess Mrs. Canning can, I guess, give -- you can certainly place a condition like that if you want. The problem always is is -- is enforcing that and trying to assure that when most of the time these types of enforcements can be done much simpler at the beginning of the project when they want to start it. It's very difficult to do it in other phases of the project, because it's counting which phase it is -- I mean, you know, you can place the condition whatever you'd like it to be, but if you want us to enforce it, it makes it very difficult when it isn't at the point where a change is occurring. So, I don't know if Mrs. Canning has a different perspective, but I think that's --that's really the issue: Canning: Madam Mayor, Members of the Council, Councilmember Zaremba, I think that would be the kind of thing you could consider in a variance application if it were before you tonight. I really believe that this decision requires a variance application. Zaremba: Thank you. De Weerd: There is that word again. Any other questions, Council? Any other comments? Tverdy: Well, I -- I'm at a school when it comes to the process and the difference in the decision-making process when we use a variance application or not, but I suspect it's the same conversation that we just had. And so, you know, I'm not quite sure that we are moving anything on, but I guess I'm a little out of school, because I'm not sure I understand the variance process, but I guess that's my only comment. De Weerd: Well, this is a public meeting and you do have the last word and your client just got here, so you had good timing. Tverdy: Perfect. Yeah. So, I guess with that I'll sit down and let the public -- Meridian City Council October 23, 2007 Page 34 of 104 De Weerd: Okay. Tverdy: Thank you. De Weerd: This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Speak now or forever hold your peace. If you will, please, state your name and address for the record. Mussell: I'm Tim Mussell at 3800 South Meridian Road in Meridian. De Weerd: Thank you. Mussell: Mayor, City Council. Sony I'm here late, because I was told to be here now. Anyway, I think one of the main things that -- I had looked at the minutes from the previous meeting and when I originally met with Lee Sills back in '95 about our property, we were starting the nursery and they always said that the speed limit would be lowered and at some point in time access would be available on Meridian Road. When I bought the property in '92 the previous owner and I had negotiated a deal with the highway district where we retained deeded title to at least three entrances onto Meridian Road and sold all the other right-of--ways to the highway district. Through the process we have always had issues of how -- when that would be vacated or if it would or if there was an ability to -- to expand that. Through the process of working a joint development agreement with Oaas Laney we did lose our Victory Road entrance, because we wanted to help Double D gain an access and it's affected my business quite a bit, along with the economy, but, still, the entrance that we were -- we have to vacate was a big deal. I was noticing in the last minutes that you guys are negotiating a deal where you're going to terminate that north entrance and even through the process the last time we were with you guys -- or I was looking at the meeting minutes from the previous application, they had always said as long as it was under development and they didn't change use, that I was fine. So, I went along with the previous approvals and until now it didn't affect me, but if they try to close off that north entrance it would just, basically, kill our portion of the business. We have a five year lease with the five year renewal on a portion of the property down there. We are willing to let these guys work their way through the process where we start from the east and work our way across and eventually have a nice development. We have done the landscaping, we have tried to really clean the place up to where it's -- it's nice for the city, it was -- it was always kind of a pioneer for the county, but at this point I guess I just want to plead my case that if there is a way to -- I think the last time they said as long as under development and the land didn't change use, that they didn't have a problem with us continuing to use that entrance and they always gave us the hope that once the speed limit was reduced at the stop light that access could be gained with an application. At this point if you kill the access before it's even processed into a plat or a development, it's, first of all, way premature, because there is no way to properly service the few businesses we have r i Meridian City Council October 23, 2007 Page 35 of 104 there now if that access is killed and other than that I'm really pretty much in agreement with their development, I think it's a nice plan. I think they just need to do it in phases and I hope you guys will work with us on -- a business that's been there for 15 years. Okay? Thank you. De Weerd: Thank you, Tim. Any further testimony? Wrap-up remarks? Tverdy: Madam Mayor, Councilmen, I -- in summary, I think it's important to note that for the access point and for the northwest portion of the property the use is not changing and the intensity of that use is not changing. Ironically, at the exact same location we are being required, as you can see in the notes, to put in an emergency access into the site. I don't know -- you know, how related that is, other than the road will be maintained and left there with some sort of control on it, so that their emergency vehicles can come in that side of the development. So, it's kind of an interesting thing that we need the access into the property on emergency vehicles, but we are not allowed to use it for our commercial use. And, again, that lot of the property is not in phase one and so it seems as though we are being a bit penalized by coming in with an overall development for the site, when we are really beginning to work on one -- on the beginning portion of it. But thank you for your attention. I appreciate your time. De Weerd: Thank you. Council, any questions for staff or the applicant? Bird: I have none, Mayor. De Weerd: If there are no further questions and you don't need any further information, I would ask for a motion to close the Public Hearing. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Maybe I do have a question. It's possible that I do have a question. There are a couple of aspects that despite the pleading of the applicant I agree with staff. If we are going to address them, it should be addressed with a variance, and that would be continuing this meeting, instead of closing it. And I guess my question to staff would be how long would it take a variance to be applied for and get back to us if we wanted to continue this for the variance to catch up? Canning: Madam Mayor, Members of the Council, I'm not sure that the preliminary plat couldn't move forward without the variance request. If you did want to wait, they typically take three or four weeks. I think with the workshop you're having on the 13th, that would -- we might be able to get it by the 20th. It might be the week after that. I • Meridian City Council October 23, 2007 Page 36 of 104 think the minimum noticing time is three weeks. Unfortunately, Mr. Berg is not sitting next to you. I mean he would be able to give me a little better idea. Zaremba: If we are saying that the plat could be approved the way it is, then, that would be approving it with the requirement that they remove the access immediately and they would need a variance to get that back, essentially, is that what you're saying? Canning: Yes. De Weerd: If at all possible to avoid the 27th -- the 20th, if we can make it happen we will certainly try. Zaremba: Since the public meeting is still open, may I ask the applicant? De Weerd: Uh-huh. Zaremba: I know you have stated that you're not in favor of a variance, but -- De Weerd: But you want a variance and so that's the only way we can consider it. Zaremba: We define what you're asking for as a variance. Tverdy: Yeah. And -- Zaremba: Would you apply for it? Tverdy: And -- we certainly would and I think one comment I think that was made when you said remove that entrance immediately, it's really not removing it immediately, it's that we can't proceed with any construction work out there, whatever, on our development until the variance has been approved. I don't want -- I want to make sure we are not committing to something where tomorrow we have to shut off the access point out of Victory Greens Subdivision, because we -- we absolutely cannot do that. Am I understanding the point correctly? Zaremba: I may not have asked my question correctly. Let me ask for a staff clarification. Canning: Madam Mayor, Members of the Council, the condition currently reads prior to signature on the first final plat associated with the preliminary plat. Tverdy: So, in that event, yes, we will apply for a variance. Zaremba: I asked my question incorrectly. • Meridian City Council October 23, 2007 Page 37 of 104 Canning: And, Madam Mayor, we are asking you to clarify that the condition read prior to the first final plat, so -- De Weerd: Anything further from this Council? A motion is in -- Zaremba: Madam Mayor, I would move that we continue Item 12, PP 07-014, to our regularly scheduled meeting of November 20th, in the hopes that a variance application or perhaps two variance applications will catch up with it. De Weerd: Do I have a second? Bird: Oh, I'm going to second it so I can have discussion. De Weerd: Discussion. Bird: I will second. Why do we want to continue this? If we go ahead and pass it they still got to come back in. They have still got to come back in. But this gives them -- they can get started and that north road stays -- stays open until they -- which staff is asking that -- this says the first final plat comes forward, which I don't know when that -- surely, the variance would be there by the time the first final plat. So, I don't see why we want to carry this one -- not get this out of the way and, then, just have to deal with the variance, if that's the way you want to go. I personally have no -- I personally have no problem with what they want to say, the final phase of the development. I just have no problem with it, because I don't think that north entry is going to get anymore use than it gets right now and they have had no problems out there. De Weerd: Okay. Bird: But I can go either way. Zaremba: Madam Mayor. I could accept that explanation and change or withdraw the motion. I might -- rather than just say final phase, I might suggest that we say phase three, in case they decide to make ten phases out of it or something between now and then. I have no problem with that. Zaremba: But, then, that -- that addresses the issue of the north driveway, which we have all agreed is going to go away eventually anyway, but does that address the issue of wanting to move the one that's by Double D? Does that still need a variance? Canning: Madam Mayor, Members of the Council, I think both of these need a variance. I think Mr. Bird was asking the maker of the motion to instead make a motion to approve, rather than continue, is what I understood. I would prefer that Council not CJ Meridian City Council October 23, 2007 Page 38 of 104 give a decision on a variance application that is not before them, so -- does that clarify anything at all? Sorry. Bird: Madam Mayor. Anna, all I was stating is if we pass this with the -- the language of on the third final -- or plat or whatever, there would be no reason for a variance, then, on the north one. What Councilman Zaremba is asking is that moving the existing one from Double D up, I don't know, a hundred feet or two hundred feet, whatever it is, does that need a variance or is that part of this application? De Weerd: Mr. Bird, they both need a variance, because they go against our ordinance and that is why the variance is needed. Bird: Okay. Zaremba: I'm confused enough to stick with my original motion. De Weerd: Of continuing. Just to get us all out of our misery. I will go ahead and ask for the vote and -- to continue Item 12 to November 20th. All those in favor say aye. Zaremba: Aye. De Weerd: Those opposed nay. Bird: Nay. De Weerd: Okay. Rountree: Nay. Bird: Let's get on with it. De Weerd: Don't get to break a tie with three of you. Rountree: Never. MOTION FAILED: ONE AYE. TWO NAYS. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: While we are still under -- Meridian City Council October 23, 2007 Page 39 of 104 De Weerd: You're still under 12, because we need a decision. Bird: No. While we are still under Public Hearing, I want to ask what is -- what is the difference in the saying, Anna, from prior the signature of the first final plat to prior to the signature of the final plat? Canning: Madam Mayor, Members -- Bird: Or is that different to have a variance for one and not the other? Canning: Madam Mayor, Members of the Council, Councilmember Bird, I think that the --the first -- signature on the first final plat is when the city gives its final approval to say, okay, this is going from a 17 acre parcel to a ten acre parcel or whatever it may be, because you're excluding that portion of the first final plat and that's when it becomes a change in use for that existing use. It's no longer on 17 acres, it no longer -- perhaps it no longer has the access to Victory Road that it used to have. These would -- and those could be things we could talk about at a variance application. Bird: Well, I don't want to take any more time on this Public Hearing. I don't want to be here until 2:00 o'clock. I'll let Mr. Nary explain this to me at another time. With that, Madam Mayor, I'd move we close the Public Hearing on PP 07-014. De Weerd: I have a motion. Do I have a second? Rountree: Second. De Weerd: I have motion and a second to close the Public Hearing on Item 12. All those in favor say aye. Any opposed? Zaremba: Nay. De Weerd: Motion carried to close the Public Hearing. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. De Weerd: Council, do I have a motion and what direction you would like to take on this application? Bird: Madam Mayor? De Weerd: Mr. Bird. ~ ~ Meridian City Council October 23, 2007 Page 40 of 104 Bird: I'll try a motion. I hope it's not too confusing. I move that we approve PP 07-014 and to include staff comments regarding 1.1.12 regarding the north -- use of the northern driveway and the reading of that will be the access driveway to the north end of this site to Meridian Road that is currently being used for loading for Victory Greens, shall be removed and use discontinue prior to the signature on the first final plat and all the other conditions staff brought forward, I would agree with. De Weerd: I have a motion. Do I have second? Rountree: I will second that. De Weerd: Any discussion on this item? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, nay; Borton, absent. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. Item 13: Continued Public Hearing from October 2, 2007: PFP 07-003 Request for a Combined Preliminary /Final Plat approval of 4 commercial lots on 6 acres located in the C-G zoning district for Intermountain Outdoor Subdivision by Carmen, LLC -1351 & 1375 East Fairview Avenue: De Weerd: Thank you. Item 13 is a continued Public Hearing from October 2nd on PFP 07-003. I will ask for staff comments at this time. Canning: Madam Mayor, Members of the Council, this is the Intermountain Outdoor project. It's located at 1351 and 1375 East Fairview Avenue. The applications before you tonight -- or it's a single application for a combined preliminary and final plat. Just has some history on this. In 2002 Council did approve the preliminary/final plat for the subject site. However, the final plat was never recorded. Since that time the property has been sold to its current owners, who are requesting approval of, essentially, the same plat that was approved in 2002. The applicant is proposing to subdivide remaining 2.45 acres of land into three additional lots ranging from .69 acres to .83 acres. There is a copy of that plat for you. Staff did issue a certificate of zoning compliance and construction is underway for an 8,450 square foot multi-tenant retail shell located on Lot 3, Block 1, of the proposed plat. And as you're aware, there is the Intermountain Outdoor building that you can see on the existing site as well. I do have some elevations for you. And that's of the existing structure. Or the one under construction. Excuse me. The Commission did recommend approval to the City Council at their September 6, 2007, Public Hearing. Jane Suggs with JBS Enterprises, spoke in favor of the application. No one spoke in opposition or commented or provided written testimony. Key issues of discussion by the Commission were the construction of -- find a good plan for you. I'm song. I'll go to this one. Construction of a driveway stub Meridian City Council October 23, 2007 Page 41 of 104 to the salvage yard parcel to the east and the landscape buffer requirement adjacent to Jackson Drain and Settler's Canal easement along the southern boundary of Lots 4 and 1 of the proposed subdivision. The key Commission changes to stafFs initial recommendation, they modified condition 1.2.4 to state that the property owners will own and maintain the pressurized irrigation system. And, then, on condition 1.2.2 they required a minimum of five foot landscape buffer adjacent to the Jackson Drain along Lot 4. This is Lot 4. Where the buffer is encumbered by an easement and the landscape should be installed with the development of Lot 4. And condition 1.2.13 will stand as stated in the staff report regarding the construction of the driveway stub to the Ada County parcel east of the Lot 1. And that's the salvage yard parcel. We have not received any written testimony since the updated staff report and to our knowledge there are no outstanding issues before Council. And I will answer any questions you may have. De Weerd: Thank you. Council, any questions? Rountree: I have none. Bird: I have none at this time. De Weerd: Is the applicant here? Suggs: Good evening Mayor and Council. My name is Jane Suggs, 200 Louisa Street in Boise and I really don't have a lot to say, other than agree with the staff conditions. We did have quite aheated -- not heated -- an exciting conversation about the construction of a stub driveway to nowhere, because, actually, that driveway actually won't be open until the salvage yard to the east is redeveloped. But we did capitulate and say that we would put in a driveway, even though it goes nowhere, and we imagine that whenever that salvage yard redevelops we will actually have to move the driveway, because it will probably not be in the best location that will service both properties. So, we did not disagree with the access easement, we were only disagreeing at that time with building the driveway that will probably have to be rebuilt. But we want to move on, so will do that. And I will answer any questions. De Weerd: Well, thank you. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Thank you. Is there anyone else who would like to provide testimony on this application? And, staff, anything further? ! • Meridian City Council October 23, 2007 Page 42 of 104 Canning: No, ma'am. De Weerd: And applicant has no further comments. Council? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Having heard all staff and applicant testimony and the opportunity for public testimony, I move that we close the Public Hearing on PFP 07-003. Rountree: Second. De Weerd: I have a motion and a second to close the Public Hearing on Item 13. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve PFP 07-003, to include all staff comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 13. If there is no discussion, Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: Before opening the next item, could I request a five minute recess? De Weerd: Yes. Meridian City Council October 23, 2007 Page 43 of 104 Bird: I would second that. De Weerd: Yes, sir. We will reconvene at 9:00. (Recess.) Item 14: Continued Public Hearing from October 16, 2007: AZ 07-006 Request for Annexation and Zoning of 94.69 acres from RUT to a C-G zone for Pinebridae by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: Item 15: Continued Public Hearing from October 16, 2007: RZ 07-010 Request for a Rezone of 75.67 acres from I-L and L-O zones to a C-G zone for Pinebridae by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: Item 16; Continued Public Hearing from October 16, 2007: PP 07-008 Request for Preliminary Plat approval of 61 building lots and 21 common lots on 170 +/- acres in a proposed C-G zone for Pinebridae by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: Item 17: Continued Public Hearing from October 16, 2007: VAR 07-007 Request for a Variance Application for two access points to North Eagle Road for Pinebridae by Stanley Consultants -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road: De Weerd: I will go ahead and call this meeting to order again. We are at Items 14, 15, 16 and 17 on public hearings AZ 07-006, RZ 07-010, PP 07-008 and VAR 07-007. These are continued public hearings from October 16th. We have not heard anything on this, so I will ask staff to introduce this project. Canning: Thank you, Madam Mayor, Members of the Council. This is Pinebridge project. It's -- the overall site contains approximately 170 acres and is located on the south side of Fairview Avenue on the east of Locust Grove, west of Eagle Road and generally north of Commercial Street. Part of the subject property, those that are colored there on the screen before you, 75 acres is already annexed into the city. The remainder, 95 acres shown in white, is still in Ada County. So, the applications before you tonight include an annexation, rezone, preliminary plat and a variance for access to the state highway. The Pinebridge development consists of 61 commercial building lots -- and I'm just going to put the -- this is the concept plan that went through with the staff report. There is a revised one you will see later that's slightly modified, but this is what went through with the staff report. Consists of 61 commercial building lots and 21 • Meridian City Council October 23, 2007 Page 44 of 104 common lots that would accommodate approximately three million square feet of commercial, light office, and multi-family residential uses and a medical campus. Buildable lots for the proposed subdivision range in size from .43 acres to 13.62 acres. The proposed development will also result in the extension of East Pine Avenue between Locust Grove and Eagle Road, which will serve as the primary east-west connection for the proposed development. The proposed Pinebridge Avenue will serve as the primary north-south connection between Fairview. That's this -- this roadway. One is proposed -- two roundabouts are proposed for Pinebridge Avenue and Pine Avenue. One is proposed for the intersection of Pine and .Webb and the second is proposed for the intersection of Pinebridge and State. There is Pinebridge and State and there is Pine and Webb. A variance is requested for two access points to Eagle Road. The first access request is for the continued use of an existing drive -- it's actually an existing private street on Commercial Street that has been used by Elixir and the second request is for a new access point, which will be located on Eagle Road halfway between Pine and Commercial. That's right there. The variance for access points are required due to a change of use of the property and because the locations proposed do not comply with the spacing requirements of the UDC, which, as you know, is the half mile spacing. Pine is at the half mile, so that access is not in question. Staff has recommended a DA that includes the following site-specific provisions. Development of the property shall substantially comply with the concept site plan and elevations submitted with the subject application and the concepts outlined below. No building permits shall be issued prior final plat recordation. And there is a modification to that that you will hear later. The following concept shall be employed in the development of the property. General massing of buildings, roundabouts, and landscape islands and streets shall be constructed as generally shown on the preliminary plat and conceptual plan prepared by Stanley Consultants. Pedestrian connections shall be constructed between buildings in the form of pathways, distinguished from vehicular driving surfaces, through the use of paver, colored or scored concrete or bricks. Structures shall be built adjacent to roadways with a majority of the parking to the rear and sides of the structures. Common area with site amenities, i.e., plazas, courtyards, water features, picnic areas, flower gardens, public art, et cetera, are encouraged to be included within the office retail portion of the development and will be required in the multi-family portion of the development. Structures should be oriented toward each on adjacent streets. Windows, awnings, or arcades totaling at least 30 percent of the length of facade should be provided for facades that are viewable from other structures. Provide sidewalks at least eight feet in width for any aisle length that is greater than 150 parking spaces and if some of these sound an awful lot like the UDC provisions for design review, it's because they are. Exterior building walls should demonstrate the appearance of high quality materials of stone, brick, wood, or other native materials. The building design shall incorporate at least two changes in one or a combination of the following: Color, texture and materials. Roof lines shall demonstrate two or more of the following: Overhang eaves, sloped roofs. The primary building entrances shall be clearly defined by our architectural design of the Meridian City Council October 23, 2007 Page 45 of 104 building. And, then, most -- many of those I just read off were from the design review section of the UDC. And, then, finally, a Conditional Use Permit for the multi-family portion of this development shall be submitted prior to submitting for final plat approval on that area. So, those are some of the development agreement provisions. I'm going to move to a discussion of the variance. Staff is not supportive of the two access points proposed to Eagle Road with the variance application, because the access to the site can adequately be provided from Pine Avenue. The applicant proposes a variance to allow the existing Commercial Street approach to continue and, then, a new approach to State Highway 55 be allowed on the west side midway between Pine and Commercial. In order for the Council to grant the variance, as you know, you need to make the following findings: The variance shall not grant a special right or privilege that is not otherwise allowed in the district. The variance relieves an undue hardship, because of the characteristics of the site and the variance shall not be detrimental to the public health, safety, and welfare. And you have heard staff expound on these findings numerous times. It's in your staff report. But to summarize, with regard to the special right or privilege, we are and have been consistently advocating for restricted access to Eagle Road. There is not an undue hardship on the site. This one actually has frontage along the mid mile road that will be an arterial road and the variance does encourage more traffic movements out on Eagle Road and is detrimental to the public health and safety. Staff does not believe you can make those findings and we do not believe that two access points are necessary. We don't have elevations and that's why in the development agreement you saw all the provisions for the design review requirements. The Commission did recommend approval at their August 16th, 2007, Public Hearing. Dan TorFn spoke in favor, as did Jack Cortabitarte. No one spoke in opposition and no one commented or provided written testimony. The key issues of discussion by the Commission were the timeline of the extension of Pine Avenue to Locust Grove. Currently we have tied that to issuance of the certificate of zoning compliance. The existence of historical structures on the property and what the applicant intends on doing with them. The location of the ten foot wide multi-use pathway required by the master pathways plan through the site. The requirement for final plat to be signed prior to the issuance of any occupancy permits on the site. Requiring the applicant to provide cross-access to adjacent industrial properties. The Commission added a condition that Pine Avenue be extended to Locust Grove prior to issuance of any certificate of zoning compliance for buildings that would require access from Pine Avenue. I know that the applicant spoke to me just before the hearing and this is an outstanding issue. He would like that tied to prior to issuance of the certificate of occupancy, rather than the certificate of zoning compliance. The other changes by the Commission were they modified condition 1.1.3 regarding structures being built adjacent to roadways with parking to the rear and sides of the structure and that change was to the majority and that's how I read it before to you. Modify condition 1.2.6 regarding cross-access and driveway stubs to not require cross-access to the Elliott Group and H2NR parcels and perhaps the applicant can point out those parcels in his presentation. But to require emergency access to be provided to the H2NR parcel at the southeast comer and still • Meridian City Council October 23, 2007 Page 46 of 104 require cross-access to Cortabitarte and Bell Aire parcels. On condition 2.1 -- or 2.14 they include the provisions of the UDC that allow for the possibility of a waiver for the requirement of covering waterways. And to strike 4.3, which limits shrubs and bushes to species that do not exceed two feet in height, to allow these issues to be reviewed on a case-by-case basis by staff to certificate of zoning compliance. And, finally, to modify condition 4.6 which restricts the Pine Bridge -Fairview intersection access points to right-in, right-out only. To require that the design of this intersection be subject to ACRD approval and I think that the applicant just wanted to work with ACRD further on that issue. We have received some written testimony since the staff report, namely, I believe one letter from Blue Cross since -- since the last staff report was written and that's asking for a continuation. I believe there is another letter from Blue Cross that's actually in your packet tonight. The outstanding issues before City Council -- the first one is with regard to historical preservation. At the time the staff report was written we thought we would be able to get this item before the historic preservation commission, so that we could give you an update. We were not able to do that, so what we are asking for is the line of that paragraph I have there -- we are asking that you add a condition just stating prior to any demolition on the site the applicant shall meet with the historic preservation commission -- committee to determine -- should be commission -- to determine if the existing structures warrant preservation and/or documentation. The second outstanding issue is the Commission requested the applicant and staff work together to come up with a condition that would allow for occupancy permits to be issued prior to plat recordation. We did meet with the applicant and came up with the following: Where there are existing utilities and where the surrounding public roads are fixed, the applicant shall be allowed up to seven occupancy permits prior to the final plat recordation. The planning director and development services manager may consider allowing additional occupancy permits, not to exceed 13, if the administration of the previous seven seems to be efficient and in the city's best interest. So, staff did add that as a condition 1.2.11 in Exhibit B. That number is higher than we normally see, but this property is composed of a number of existing legal parcels that did have each a development right of their own prior to undertaking this process. Blue Cross of Idaho has expressed concern to the planning department regarding access to the property once Pine Avenue is widened. The applicant is working with Ada County Highway District and Blue Cross to resolve the access issue. Staff is unaware of the outcomes of those negotiations and I know we do have Blue Cross of Idaho here with us tonight to talk about those. And with that I am at the end of my prepared notes and can answer any questions that the Council or Mayor may have. De Weerd: Thank you, Anna. Council, any questions? Bird: Not at this time, Mayor. Rountree: I have none. • Meridian City Council October 23, 2007 Page 47 of 104 De Weerd: Would the applicant like to come forward? Torl"in: Madam Mayor, Members of the Council, my name is Dan TorFin and address is 250 South Beechwood in Boise and I'm representing Dennis M. Baker, this guy right here, DMB Investments, and that is the applicant for Pinebridge. I think this is the new concept plan and it really has a --amore update photograph -- aerial photograph underlay that shows some of the changes in the area around Pine Street. It's my pleasure to finally be before the Mayor and City Council on our Pinebridge application. I know we have continued it for some time and we have actually -- I think we submitted this application about four years ago and withdrew it and we added this piece of property to it in that -- in the interim and so it is a larger piece, approximately 170 acres. Eagle Road, Pine Street, is built partially up to this point right here. This is all open pasture right now. Fairview Avenue. Locust Grove here. And Commercial Street here. We have actually -- our company has been out in this area for about 18 years assembling the ground for this project and as Anna had indicated, there are several parcels, so it's been quite a process, but we think we have something now that we have master planned that, really, we intend to have this be, in our minds, something that will be the finest mixed use development for the area. We --our philosophy these days is to incorporate mixed uses in all our developments, because we think they are beneficial. It kind of provides places to work and live and shop and so that's -- that's kind of what you're seeing before you right now and I'm just -- I'm going to break it down a little bit. Along Eagle Road right in this location we have a retail segment and one thing you will notice is this isn't fraught with a lot of retail, it's mainly what we think is a corporate campus, medical, technical, educational facilities. And so these buildings that you see in here in conceptual form are larger buildings. They range from 60,000 square feet up to 100,000 square feet in this area and some of these buildings could be upwards of 100,000 to 200,000 square feet. So, we are talking nice modem architectural buildings and -- but traditional elements. I would like to point out we are currently under construction and our building's framed up and it's starting to take a nice shape out here. It's not part of -- it's in the Gemtone Subdivision, it's not of Pinebridge, but we are showing it right here and it's at the intersection of Hickory and Pine Street and it's -- it's a pretty fantastic looking building and that's where we intend to have our corporate headquarters adjacent to our project. So, the elements of Pinebridge will be the corporate campus and that's the lion's share of the development. We are in an area that seems to be transitioning from what used to be maybe industrial, we have a lot of industrial uses around us and so we do show some -some potential transitional uses down in this area, but very nice architecture. As you move along this roadway, we are planning a new roadway connection that will come up from north-south and tie into Fairview Avenue. And, then, we have got a road proposed to come out to Locust Grove. The development in this area is a crucial element to a mixed use plan. It's a high density residential. And I guess it's really unlike anything that we have seen in Meridian or, really, in the valley and it's something that could be -- it will be multiple stories, it will be potentially two, three, four, maybe up to six floors that are unique • . Meridian City Council October 23, 2007 Page 48 of 104 designs that will potentially incorporate retail spaces below, giving people, you know, close-by shopping, neighborhood coffee shop, and bookstore potentially, is a concept in here. It will -- it will be highly amenitized with, you know, recreation facilities adjacent to the Jackson Drain, which the path currently runs from this location on out to Locust Grove and I believe onward. So, we are definitely pro pathway and we will also be installing a pathway that will, you know, expand the pedestrian nature of this development. We intend for it to be lushly landscaped and really encourage pedestrian travel within the development and into adjacent areas. So, you have got -- you have got the corporate campus, you have got the retail, which also is -- is up on Fairview and some potential retail here on Locust Grove. The project is served by some -- some major roadways, Eagle Road probably is the one that stands out the most. We now have Locust Grove, which runs right here, which is fantastic. It's paved out and once we provide this crucial roadway connection between Eagle Road and Locust Grove and once Locust Grove is extended over the interstate, we think those two traffic improvements will definitely provide some relief to Eagle Road and something that we think will be very beneficial to the overall existing transportation system. We also have access points from Commercial. It's our intention and our approval from ACHD was to extend Hickory through here to Commercial. We have stub streets at Machine and Webb. We will -- Pine Street will tie into the intersection of Nola, which this section of Pine Street has been improved and we will match to that. Maybe I can just give the Mayor and Council an update on Pine Street. ACHD is wrapping up their acquisition of the right-of-way and we have final agreements that we are reviewing for the cooperative design and construction of Pine Street, which we are actively working on right now. So, it's an important aspect to Pinebridge. We definitely benefit by it. We think, as I mentioned, the surrounding transportation system will benefit by that connection. We also think that it could be a link between the downtown and some of the new developments out here and really be a catalyst for the downtown and I kind of envisioned that, you know, maybe you have got anice -- as you cross Locust Grove that you have kind of a Hamson Boulevard connection to the downtown, which will really, you know, kind of be a nice asset. So, that's maybe dreaming a little bit, but see that all happening. We -- one thing I would like to point out, you know, access and transportation issues and traffic are -- are critical. We -- we have been approved by ACHD for a full access on Fairview right here. We requested that that be a location for a signal in the future. ACHD didn't approve it with a signal. They left -- they left it open that we would be -- we could provide input to the corridor study for Fairview, which we have. And one thing I'd like to point out is the signal meets the district's policy of spacing from Hickory to this location on Locust Grove. We demonstrated through two traffic analyses from our traffic engineer Pat Dobie and, then, Gary Funkhauser also did an analysis that showed that that would work and was something that would be beneficial to the -- to Fairview Avenue. It would not be detrimental. And so we -- we are still fighting -- I guess I don't want to use the word fighting, but we are still working very hard to obtain a signalized access at this point, because we think it's another crucial link to Meridian -- existing Meridian development to the north and to the west, Meridian City Council October 23, 2007 Page 49 of 104 without everybody always having to use Locust Grove or Eagle Road. So, there are some benefits. Zaremba: I'm sorry, Madam Mayor? De Weerd: Uh-huh. Zaremba: Since you're there, what would that align with on the other side -- is that Avest or am I in the wrong place? Torfin: It lines up with Oakbrook, which is Norco. Zaremba: Okay. Totfin: The plaza. The other location that was shown previously was the Sonic Drive- in, but this spacing actually worked better and so our approval with ACRD is to line up here with full access and, then, they also approved right-in, right-outs at the comers -- at the east and the west comers. We do have a variance application in this -- before the Mayor and the Council tonight for -- and it was something that staff required us to submit, because we are showing access points -- at Pine is the existing access and we are showing Commercial -- Commercial is an existing drive. I received an a-mail today from ACHD and they are interested in talking to us about Commercial tying into this section down here and kind of, you know, continuing this road out with a link in this location. And so we think it's an important aspect of access and transportation for the -- forthe area as well and for us. We are extending Hickory, as I indicated, and we -- the variance is -- you know, I guess that's just a procedural thing that we needed to do, but it's an existing access and so our request, I guess, is that we -- we want to keep that existing access open. Additionally, we have a deed that was signed in 1988 for an additional access from ITD to the previous property owner for an access in the middle. And I'm going to explain why those access points are important to us. We have been here and so we kind of know the discussion and the -- the Council is interested in closing down accesses to state highways. For our project we do have a small retail component here. If we didn't have this access or this access and the only -- we only have aright-in, right-out in this area, to get into the site up here you would have to come in on Pine Street and come clear back into this area and come back out and the same is true there. And, really, it eliminates the viability of -- we have -- we have been talking to some restaurants that, you know, they rely on access that people don't have to really fight for and may -- may pass them by if -- if it's not readily available. So, it's -- these two points are important to us and I'd like to maybe pass out a copy of the deeds that were signed in 1988 for the new access. We, through our engineers, have demonstrated that these right-in, right-outs -- these are restricted access points. They are not full access. They wouldn't be similar to what you see over on the -- I guess the crossroads where you have quite a number of access points that seem to be full • Meridian City Council October 23, 2007 Page 50 of 104 access, although I don't recommend trying to make left turning movements, so we have already acquiesced, even though the deed doesn't specify it, and the language is on the first page towards the bottom that specifies that this new access is between a station that's at Pine and at Commercial. And so what -- what we are proposing is a restricted right-in, right-out. It does make our retail viable to retail users. If you're coming this way you can -- you don't have to come clear down here and wander back in, you would be able to get right in here and out of the travel way, because we will have aseparate -- a separate right lane that will be out of the main flow of Eagle Road. And so we are -- I guess I stand before you this evening with Dennis and our group saying that those are important to us and we ask that this Council seriously consider allowing us to move ahead. We are submitting our application -- permit application to ITD to start working on opening this access immediately. It really is -- without those points, it is inadequate access for the retail in this area, which is, you know, a small portion to the whole project and as far as getting out of the site, you know, once -- once you have amved there -- I guess there are methods of way finding to leave. This is a right out, so you will be able to leave to get out here. You will be able to, you know, leave to get out there. And so access in is really the paramount issue for us. I do want to -- I do want to briefly touch on some of the discussions that we have had with Blue Cross and we -- and one of the reasons that we have continued our application for a little while. We have presented some information to the representatives of Blue Cross and they will -- they are here tonight, so I think they will give testimony to the Mayor and Council as well. But what we are proposing is -- I guess regardless of our development, once Pine Street's open -- their existing access is about 300 feet from Eagle Road, so it's pretty close and once you --once the traffic is here, you know, during peak periods of travel it will be restricted and so I guess what we have talked to them about is, you know, that regardless of our development, that's going to happen and that if you -- if you can still get people to your site here, they have got access -- they have got access off of State Street, Rosario comes up here and there is an access point here and I believe they have access here, but it may be gated. So we have shown that, you know, our experts and our engineers tell us that if they move a full access down here and offset it with our full access here, it's -- that's what works -- will work for their site, it works for our site, and we -- we really want to be good neighbors to Blue Cross and for all the other property owners adjacent to the site. You know, we think we bring a lot of good things to the table for access and so we are -- we have been -- we have met with them, we have had -- you know, we have had neighborhood meetings that go back to December of last year and some informal meetings throughout the first part of the year and, then, recently we have met with them in the early part of September and, then, I believe the latter part of September, the first week in October, but -- and presented this plan to them at our last meeting. So, we want to work with Blue Cross and come up with a solution that works for them and for us and one of the things that they still have, you know, to carry with them is ACHD has to approve this design of Pine Street and we are going to be, you know, placing additional lanes, we have landscape medians -- they are not really shown on here, but we intend to, you know, have landscaping on both sides and, then, down Meridian City Council October 23, 2007 Page 51 of 104 C the middle in kind of a really different kind of landscape boulevard that's going to -- that will be very beautiful for the area. But Blue Cross -- and, for that matter, you know, the property owners here will have input with ACHD and so there is -- they are not missing a chance to work on this access and so I know they have asked that, you know, maybe this Mayor and Council hold up this application while we solve these problems, but I'm saying that there is -- there is plenty of time for that -- those issues to be resolved and that our application is merely a -- you know, it's an annexation and zoning, rezoning, and preliminary plat and it's really the first step for us to move ahead and potentially if -- you know, if we did get delayed maybe just a couple months, you know, when you run up against irrigation season and things like that, it can actually -- you can -- you can delay your project another year if you can't meet irrigation timelines. So, that's -- I guess that's the presentation on the access. I would like to talk about the staff report and Anna, you know, summed it up fairly well. We did go to the Planning and Zoning Commission and we did -- we did make some modifications to the original staff report and so based on that approval -- one of the things that occurred to us -- and we do have a scenario that kind of lends itself to this request is the P&Z approved their change, it was C-1, was that before CZC -- certificates of zoning compliance were issued that Pine Street needed to be done and there is some overlapping timing situations. We do have a potential hotel that is actively working on this project right here and will start construction next spring and so, you know, the -- if we move through on our -- our schedule for Pine Street, Pine Street, theoretically, can be built and paved in the early part of next year. It could spill over into the early summer and so if the -- if the hotel's starting in -- I don't know, May, you know, we will -- I think -- and we have got Pine Street built in the middle part of the summer, we are going to be well ahead of them. But we did want to -- if they wanted to get their building permit and start construction in May and the road's not paved until July, there is -- there is a hold up and so we would like to have that recommendation from the Planning and Zoning Commission changed from the CZC to occupancy permits to allow them to get their building permit and move forward with some construction. On our -- on our outstanding issues we -- we have talked to the -- I personally have talked to Ann Clawson with the state historical society about the existing dairy at Nola and Pine Street in this area. They are fairly dilapidated buildings. Just a phone call from the state, they said they don't really have any record of it. They show them, but what -- I guess we -- what Anna proposed is that we meet with the historical preservation committee for Meridian. We are fine with that. And this log cabin -- I don't know if it was a cabin, but the bam -- I don't know the date. It's a block building and so maybe somebody could help with timelines for that. We have been known to preserve aspects of old farm sites -- De Weerd: Keith, do you know? Bird: It was before my time. Torfin: Maybe we can find somebody. • Meridian City Council October 23, 2007 Page 52 of 104 Bird: I knew I was going to get asked that. De Weerd: Sorry, Dan. • TorFn: We have been known to salvage, you know, a silo. We have projects in Eagle and the Island Woods Subdivision. We took one of the old silos at the old home place and turned it into a clock tower. And so, you know, we are -- I think we are willing to look at those -- those things, a dairy barn in the middle of our development is, you know, something that we want to look at really close to see if it -- if it makes sense. I don't know how it would function. So, I -- as Anna stated, if we can, you know meet with the Historic Preservation Committee prior to any thoughts of demolition, I think we are fine with that. It kind of leaves it open-ended and so I guess maybe, you know, we -- if the Council wishes that, you know, we could -- if there is some question, we may have to talk to staff or whatever. I know I'm talking a lot and I'm going to try to wrap this up. De Weerd: That would be great. Torfin: I don't usually like to talk this much. We did work -- we did work with staff on the next item, the D-2, and I think we are happy with that and it really is just because we may -- we do have original parcels. We could start some construction while we are platting. Sometimes the platting, because they are multi-agencies that are involved, sometimes the plats seem to take, you know, two years in some cases to get through all of the conditions. I'm not saying that would happen and we definitely intend on providing plats for this project. In fact, we are currently working on one kind of slowly to, you know, identify the plat and have one ready to submit soon after -- after we get moving along. I really did -- I have already talked about Blue Cross and so I think at this point I'm going to wrap up my presentation with just a summary that we really do intend to provide a very high quality development for the City of Meridian. It's what we like to do. I'm lucky. I work with a guy that's -- that's all he does and he's got a sickness for landscaping and land and -- and -- well, it's made me old, but we -- we like to plant a lot of trees and really change the nature of the area. And so we intend to do that. We have a -- we have a project that will be a high quality development. It's going to add millions in tax revenue, millions in impact fees, and we think it really is -- is a project that will take a long time -- it could -- this could be a 20 year project, you know. It may even be a 30 year project, but we are ready to get started and we ask this Mayor and Council for approval tonight, if possible. Thank you. De Weerd: Thank you, Dan. And just for your information, the Historical Preservation Commission meets on November 1st. Torfin: Okay. Meridian City Council October 23, 2007 Page 53 of 104 De Weerd: At 5:30. Torfin: Is that Thursday? De Weerd: Thursday. Torfin: Maybe I can just coordinate with Anna and get some names and we can go -- De Weerd: You could coordinate as well with the city clerk. TorFin: Okay. De Weerd: Mr. Berg. Torfin: All right. De Weerd: Okay. Torfin: Thank you. De Weerd: Council, any questions for the applicant at this point? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would ask one. In your discussion of the access to Eagle Road there, you suggested -- if I heard correctly, that you would have separate acceleration and deceleration lanes for that. Is that in addition to the proposed third lane that another developer is planning to put in that section? Torfin: Well, you know, I don't know the status of the third lane. We definitely have -- I think there was adequate right-of--way to do that if you see where the fence line is, that those could be held off, you know, far enough that there would be room for that. I think those all probably take place in the existing right-of--way. So, to answer your question, I think there would be -- it would leave room for that and, you know, we would have to work with ITD on any improvements to Eagle Road and if they do have the plan for expanding another lane -- De Weerd: I believe there is adequate right-of-way in that area, if I recall the engineer drawings on that. Zaremba: Great. Meridian City Council October 23, 2007 Page 54 of 104 Torfin: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. L J Bird: They have got the extra lane there as you tum off -- tum right on -- on Pine -- on Pine off of there anyway, so I know there is plenty of right-of--way there. What is -- is that about an eighth of a mile off of Pine? Torfin: Roughly, yes. Bird: Because isn't Commercial about a quarter mile? Torfin: Yeah. Well, this -- I think the frontage right here -- no. I think the quarter mile is to the tracks. So, we are -- we are probably in the 600 range across here. Bird: Probably -- that's probably right. Torfin: I can review my documents and check that, but I think it's more in the -- the eighth of the mile that you -- for this whole frontage. Bird: Okay. TorFn: Thereabouts. Bird: You're probably right. I'm thinking -- yeah. That's all. De Weerd: Anything else, Council, at this point? Thank you, Dan. Torfin: Thank you. De Weerd: I do have several people who have signed our sign-up sheet. If, when I read your name and whether you're for or against, if you would like to provide testimony come forward at that time. Mike Ford. For. If you will, please, state your name and address. Ford: Madam Mayor, Members of the Council, Mike Ford. 1098 North Hickory, Meridian. De Weerd: Thank you. Meridian City Council October 23, 2007 Page 55 of 104 • Ford: I represent the Yanke family that owns approximately 15 acres, I think, we have left in the Gemtone Subdivision. In 2004 we bought 26 lots. Since, then, sold five of those to Blue Cross, two to Dennis, and several other ones. We have recently completed our own office building there that I moved into Monday. I'm in favor of the overall development that is proposed. I feel the extension of Pine is very important to the area. And if I'm going to have a neighbor, Dennis' reputation for doing things in a quality way is unquestioned and so the devil's in the details and I'm sure that Council will make the best decisions on the access issues and these things, but I think that mixed use in that area is going to be something good, not only for the neighbors, but for the city in general. I would stand for any questions. De Weerd: Thank you. Rountree: I have none. De Weerd: Council? Thank you. David Gratteau signed up against. Or Grattow. Gratten: Gratten. De Weerd: Gratten. Gratten: My name is Dave Gratten. De Weerd: Oh, I thought a W and not an N. Sony. Gratten: Madam Mayor, Council members, my name is Dave Gratten. My address is 1405 West Main Street in Boise. I am here today speaking on behalf of Blue Cross of Idaho. We have several senior management team members here today. I'm hoping with some indulgence on time that I may take up a little bit of the time that they might otherwise have used, if you would allow me a few more minutes. De Weerd: We set you for ten minutes. Gratten: Thank you. De Weerd: Since you are their spokesperson. Gratten: I think that will be sufficient. De Weerd: Okay. Gratten: We did submit a letter to you on Friday. I hope you have had an opportunity to look at that and if you haven't that you will before you vote on these matters. I don't L Meridian City Council October 23, 2007 Page 56 of 104 ~, J intend to go back through all of that, but to emphasize a few points and I think clarify a few points for you. Blue Cross was aware of this development from some time ago, but became more aware, if you will, and concemed more recently. It wasn't until September that we teamed that our access that we have had since 1998 is going to be lost, at least in terms of a full access, right-in, right-out, left-in, left-out access. That began to cause us some concern about what was going on a little more than maybe we had appreciated in the past and began to ask more questions. We looked at that document from the planning and zoning and I think it's telling that no one testified at Planning and Zoning, except for one adjacent land owner who has across-access easement. No one submitted anything to the Planning and Zoning Commission in regard to this development. This is 170 acres. Three million square feet. About three times larger than Boise Town Square Mall. It's huge. The difficulty that we have isn't with Mr. Baker. These buildings are going to look great when this project gets done. There is no question about that. What's concemed us is the lack of study -- the lack of additional study, if you will, about the impact of this development, particularly in light of the newspaper article in the last two days relative to Center Cal and I'll get back to that in a moment. We, then, asked Dan Thompson, who is a traffic engineer, to explain to us the traffic study that the developer did and submitted to ACHD. What we were concemed about, principally, is the impact in the area. I have sat at meetings, frankly, at Blue Cross and looked out at Eagle Road and saw the traffic backed up, Franklin past Pine and from Fairview back past Pine. That's a health and safety issue. That's roadways that are functioning at below acceptable levels. So, we asked Mr. Thompson to give us some information about the traffic study. What came out of that wasn't an effort to throw stones at Mr. Dobie or Mr. Funkhauser -- and we also, by the way, looked at the ACHD report and what came out of that is there are a lot of old numbers. ACHD usually requires traffic counts within a year. Most of these were more than a year old. They are now -- that was submitted in November of last year. They are now two and a half years old. Mr. Dobie uses averages. Mr. Dobie uses high values for right turn on red light. They use highly coordinated -- assumptions of highly coordinated trip -- signals. And what came out of that discussion with Mr. Thompson is that one could look at these numbers very easily and draw the conclusion that you cannot satisfy the acceptable levels on the traffic. Now, the Dobie study does that. It comes out at acceptable levels, but barely. And only making these assumptions. We believe that given the situation we all know about out at Eagle and Fairview, that the most conservative of numbers and the most conservative of assumptions ought to be used in looking at the impact of this development. We, again, believe that it is a health and safety issue. We think that more traffic data is needed. We are requesting that more traffic study be accomplished and submitted to you and particularly traffic studies in coordination with what we all know what else is going on around it and particularly Center Cal, which has not been done. We can't stick our heads in the sand anymore and just allow these things to be viewed in isolation. We became concemed about ITD. What has ITD submitted in regard to this application? Nothing. Zero. No comment. Why? It has to have huge impact upon Eagle Road and Fairview Avenue. Thirty-two thousand cars are going to • Meridian City Council October 23, 2007 Page 57 of 104 be added by this project, according to the Dobie study. Thirty-two thousand cars and ITD doesn't say a word. Probably because ITD doesn't have any capacity improvements in their 25 year plan for these -- these major arterials that are going to be affected by this project, as well as others of similar size. They have punted. So, now what have we got? We have got ACHD that looked at the Dobie study. ACHD has its own jurisdiction. It doesn't have the state highways. It doesn't have Eagle Road. It doesn't have Fairview. It does have the intersections and it has Pine. And Pine -- the widening of Pine was on its plan for some years and if you look at the -- if you have looked at the ACRD report -- and I hope that you have or that you will -- there is a lot of criticisms of the Funkhauser study, which is the light up at Fairview 'and what will be Pinebtidge. And there are also consideration -- points of difference with the Dobie study. Ultimately, ACHD says, well, the two state roads aren't ours and so they don't really look at Eagle Road or Fairview. They look at some of these intersections and they look at Pine and making that five lanes. At the end of that story who has looked at Eagle and Fairview and what the impact of this development is going to do to already overtaxed roads? No one. We are asking that you do that. We know that you don't have jurisdiction over those roads, but you can also prevent another 32,000 cars from being dumped onto those roads without some more work. At least some effort at coordination with these other entities that -- that would look at every angle of mitigation of the impact of this development and particularly given the fact that we all know Center Cal is on Planning and Zoning's agenda in the next week or so. The Center Cal -- Center Cal project has had a lot of press. This one's had none. I venture that Center Cal is -- is going to have a lot more analysis and input than this one has. What we are asking for is this body to say, yeah, we are really concerned about traffic. We are really concerned about the impacts of these developments on our roads and our citizens' health, safety, and welfare by roads that are -- and roads that are overtaxed. How you do that is up to you. It's time for the modem approach and a coordinated approach. At least for these agencies to talk. And we are asking that that be done. We ask that the application be tabled until further study and analysis can be done. We don't take any position on the variance, that's not our issue. We do believe that the impact of this development on traffic in the major arterials does affect the health, safety, and welfare adversely of your citizens. Lastly, in regard to the conditions that were discussed, we would ask that those conditions be left as they -- as they were and as we said in our letter, that condition 1.1.3, which states that a final plat shall be recorded prior to the issuance of certificates of zoning compliance, should remain in place without modification or exception and that the Planning and Zoning recommendation that Pine must be extended all the way to Locust Grove prior to the issuance of any CZC for a building that would access using Pine should be left in as is and, if anything, the clause that would access off of Pine be deleted. With that I would answer any questions that you might have. De Weerd: Council, do you have any questions? r: Meridian City Council October 23, 2007 Page 58 of 104 Bird: Madam Mayor? De Weerd: Yes. Bird: Mr. Gratten, how many employees work -- report at Blue Cross? Gratten: About 850. Bird: Eight hundred fifty daily basis? How many of them do you suppose live to the west -- Kuna, Nampa, Caldwell, Meridian area? Gratten: Madam Mayor, Councilman Bird, I don't know the answer to that. I do know that there is about 190 or 200 of that 850 that live within the Meridian city limits. Bird: Realizing that this development is going to add traffic, but also it's going to help relieve, I believe, some of the traffic off of Eagle Road, because it's going to allow people to go over to Locust Grove and once we get the Locust Grove overpass finished, you can go to Kuna, you can go to south Boise, you can go anywhere without getting on Eagle Road. You can go up Locust Grove, go out, you can get to Star, you can get to Eagle without using Eagle Road. So, and -- I believe your employees would also -- I'm sure most of them would enjoy being able to go back that way, instead having to get on Eagle Road. Also, on your entryway there, you -- do you have any idea how close that is to Eagle Road? Gratten: Madam Mayor, Councilman Bird, our present access is about 250 feet back from Eagle Road. Bird: And would you -- would it take away from your business if that was moved back to meet one of their roads and not be quite so close? I don't -- to be truthful with you, I don't like that -- even that one they have got for the right-in, right-out so close to the intersection, but -- and I know when yours was designed we didn't have much out there. We didn't have restaurant row across the street. And Idon't -- I don't believe you guys depend on walk-in trade at Blue Cross. People come to you because they got a reason to come and if they have to drive an extra quarter of a mile to get into your facilities it's not going to bother them. Am I right? You don't have walk-in trade. Gratten: Yes. Councilman Bird, we don't have a lot of walk-in traffic. We have a lot of elderly traffic -- Bird: That's true. Meridian City Council October 23, 2007 Page 59 of 104 Gratten: And there is concern among senior management of accommodating those people and moving those entrances down past our buildings, may be -- it will be confusing, we believe. Bird: But you could come back into your parking lot. Gratten: If there is movement of the entrance there is going to have to be a way back -- to circle back to the building. Bird: Okay. That's all I have. De Weerd: Council, any other questions? Thank you, sir. Gratten: Thank you. De Weerd: Victor Ballegus. Ballegus: Ballegus. De Weerd: Ballegus. Ballegus: I will withdraw my request to testify. De Weerd: Did also sign up against. Thank you. Is there anyone else who would like to provide testimony on this application? Yes, sir. But you only get three minutes. Baker: I can probably stop before I start. Madam Mayor, Members of the Council, I'm Dennis Baker, 250 South Beechwood in Boise, until we get to Pine Street, then -- or Pine Street and Hickory, which I hope is in February. I would like to just comment briefly that we want to be a source of relief to the Eagle Road situation, so let me comment on Eagle Road. Eagle Road at this point -- it started failing years back, adding to it is inconceivable at times, but you have got the Gardner-Ahlquist project up there, nobody's stopping that. Things are moving forward there. Center Cal may or may not come to Meridian. I know they plan to come, but I know them from Farmington, Utah, I know them from Tigard, Oregon, Iknow -- I know the company. I know the constraints, dollars and costs related. I'm not saying they won't come, but to bank on the fact that they are coming and they are coming in a certain time frame, as a reason to hold us up, where -- additionally, I think would -- would not merit long and hard consideration based on the fact that we have a 20 to 30 year build out program for this project. Obviously, I'm 71 now, so I plan to be around at 101 or somewhere in there. We have three direct -- we have six access areas right now that are existing, if you count State Street in from -- or within the -- the Treasure Valley development that Tom Wright started that Yanke's now have. Each end of Pine, the two accesses from the -- Meridian City Council October 23, 2007 Page 60 of 104 the development to the south of us, the -- what's the name of that development, Dan? Layne Industrial. I think might forward that for the Yanke family. We have access off of Wilson Lane that is aimed at direct access to us and with additional access that we'd like to pull in there. The Ten Mile private -- the Ten Mile Road that is planned to pull additional major amount of traffic off of Eagle Road when that interchange is put in and we do have that long time line. So, I'm not going to take additional time here and I'm not suggesting that Center Cal is not coming, I'm not suggesting that traffic will get better or necessarily worse, but I think we provide an avenue to shift some traffic flow and to get some additional help to Eagle Road through Pine and provide additional access toward Meridian and additional access back up to Fairview and south across the -- thank you very much, Meridian, for providing that bridge over Locust Grove. That's the end of my testimony. I'd stand for any questions. De Weerd: Thank you. Any questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Mr. Baker, we hear often the subject of traffic and often we hear your engineer didn't do as well thinking about traffic as our engineer. My question to you is are you comfortable with the two engineering studies that have been conducted for your project and -- Baker: Having worked with traffic engineers here and in Utah on an ongoing basis for the last 25, 30 years, I am comfortable with the traffic studies that have been done, only to the extent that there are still a lot of variables out there that I think most of which, upon realization of them, will provide additional relief to Eagle Road. So, there are a number of variables that are underway right now that will provide additional relief and part of those variables that will provide that would be what we are providing and what we are -- we are cost-effectively building a lot of road. Albeit, we will get some return of the money back and there are other portions of it we will never get back and we will never get back full amount, we will never get back the landscape we put in and provide, which is a major amount of landscaping, because that's the only way I know how to do it and because we grow so many trees on our own, in own nursery. So, we just do it that way. Thank you, though. I am comfortable. Rountree: Thank you. De Weerd: Any other questions? Thank you. Yes. L~ Meridian City Council October 23, 2007 Page 61 of 104 Ewing: Madam Mayor, Tuck Ewing. I'm here for TICO One, LLC. 1500 EI Dorado. We own a piece of property just to the north of the subject property -- northeast of it across Fairview and, I apologize, I'm a little bit behind on this. For some reason I didn't receive the Planning and Zoning meeting, so I didn't make it to that one. I guess my only question is a point of clarification. I know that the previous gentleman indicated that Fairview was controlled by ITD. Is that truly correct or is it an ACRD road? De Weerd: ACRD. Ewing: That's what I thought it was. So, Fairview is controlled by ACHD and I understood the applicant said this location right here was approved for a full access point with two right-in, right-outs somewhere in -- on each side of it. I guess that the property I represent is in -- what have I got here? Somewhere in this location right there. It's approximately five acres. I guess the only point that I wanted to bring out -- and maybe I need to get in with ACHD, but I think that if the access -- we are in -- number one, full support of the project and definitely full support of the signalized access at -- somewhere in this location. I think the previous location would suit not only this property, but the properties across or to the north more adequately due to the fact that Norco does wrap around here and I don't know what the cross-access agreements are to the properties to the west, but I don't think they are limited to none and I know that the cross-access agreements from basically Sonic to the east are clear through to this signalized intersection to date. So, I think that the overall traffic flow in that area would be better suited if that access point was moved back to its original location to the east and signalized. So, with that -- thank you. De Weerd: Thank you. Additional testimony? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Since Mr. Inselman has come to our meeting and sat so long through it, if there is -- if he'd be willing, I'd like to pick his brain on a couple of thoughts. De Weerd: He's excitedly walking forward. If you will, please, state your name and address for the record. Inselman: Madam Mayor, Councilmembers, Gary Inselman representing Ada County Highway District, 3775 North Adams, Garden City. Zaremba: Thank you for coming, for one thing. Let's start with what we were last talking about. My recollection somewhere in the past is there was originally a plan somehow to have a signal at the half mile. When the agreement was made that Hickory Meridian City Council October 23, 2007 Page 62 of 104 would be signalized, I was under the impression that it took away the right to have any other signals between Locust Grove and Eagle. Am I making that up or was there something like that in the agreement for Hickory? Inselman: Councilmember Zaremba, I don't believe there was any agreement for Hickory that would have precluded another signal, but the highway district staff does not agree another would not be detrimental to Fairview and that's why we disagreed with the studies that the applicant's engineer submitted and recommended to our commission that that signal not be allowed. In the end our commission agreed that they wouldn't prohibit it today, but they would agree to look at it again in the future under certain circumstance, that is after our Fairview corridor study is done, after the Locust Grove overpass is open, after Pine is built and open, after Wilson is connected. A whole list of items that have to be completed before we'd agree to even consider it again. Zaremba: Thank you. Another question would be your opinion of having a traffic circle on Pine. Inselman: The highway district has looked at that. We did require, as part of our approval, that they submit a detailed analysis of that roundabout and that has not been submitted to date, but would be required as part of the design of Pine and before construction would be allowed. Theoretically, we are in support of it. It would be the first dual lane roundabout that we have and probably the first true roundabout that would get built in this county, so it will be interesting. De Weerd: Welcome to the 21st century. Zaremba: Yeah. One more. And that is out here -- not at Eagle Road, but approaching Eagle Road, in -- and I'm thinking future again. In the use of Pine -- when this section is connected to Pine, even though it changes names four or five times, is going to be a very long thoroughfare. And I guess my question is even -- even the traffic counts that this would add or that are currently going on on Eagle, even though that's an ITD road, would it be necessary -- if Pine is connected through, would it be necessary, even without this project, to suggest that Blue Cross' access be moved back slightly? I'm thinking it might be more appropriate here. I'm not thinking all the way back to there, but just on instinct is that something's coming anyhow? Inselman: Councilmember Zaremba, eventually functionally their driveway -- it would be difficult to make a left tum movement out of that driveway in the future with or without this project. As soon as Pine is extended it would be a difficult movement to make with the traffic that would back up at that light. It does not meet any of our current offset policies. It probably barely met them in '98. I don't think they have changed dramatically since then. And why they had it so close to the intersection when they Meridian City Council October 23, 2007 Page 63 of 104 knew Pine was going to be five lanes wide -- they fought for that signal. Originally, ITD had denied Blue Cross to have that installed at the time. So, I don't know why their driveway was put so close. Eventually they -- if they want an access off of Pine to be full access, they need to have another one further back from the intersection. We are not suggesting that that driveway be restricted as a requirement of this project, but functionally it would be at peak times, as Dan testified. Zaremba: Thank you. Any question I have failed to ask you that I should know about? De Weerd: You sound like a reporter. Inselman: If I may, Madam Mayor, Council, I would like to suggest one alternative that perhaps wasn't mentioned in relation to the access points on Eagle. Your staff is recommending that both be denied. Our report recommended that at minimum Commercial be restricted to right-in, right-out. As you mayor may not know, we worked for many years on the other side of Eagle Road to get a connection from the public Commercial Street up to Pine. That finally occurred a few years ago and the intent was always to restrict Commercial to right-in, right-out to help prevent those accidents that keep occurring there. Thank you. De Weerd: Thank you. Council, did you want to hear from Mr. -- the traffic officials or those that studied the traffic? Did you have any questions on that? Rountree: Madam Mayor, I have no questions, but I see Mr. Dobie is here. It might be interesting to have his comments and maybe Dan wants to reflect the results of the traffic analysis. TorFin: Madam Mayor, Councilman Rountree, I was just going to introduce Pat, because I think he can add some clarity to some of the questions that were brought up about his traffic analysis and so if the Council would, I'll have Pat come up and -- Dobie: Madam Mayor, Council members. Patrick Dobie. Hearthstone Drive in Boise. I'd be happy to answer any questions that you might have. I have been studying this property for a long time and I'm very familiar with the intersections at Fairview and Eagle and the intersection of Pine and Eagle, because I designed both of them and the -- just one comment first. There were some issues raised before about the -- the accuracy of some of the assumptions that went into the analysis and the currency of the traffic counts. Those were issues that ACHD raised in their analysis. The traffic counts were current when the study was originally submitted. It took years to review and get through the process. We went out and counted the intersections again. We counted all the turning movements of the intersection. We documented and verified all of the assumptions that went into the analysis. The roundabout was analyzed and the traffic counts were current. The assumptions were documented. ACRD reviewed the studies, Meridian City Council October 23, 2007 Page 64 of 104 both the study that I prepared and the study that was prepared by Gary Funkhauser and they reached the finding of no significant impact. So, in their opinion there are no unmitigated traffic impacts associated with this development. Now, there is -- there are a number of features, there are a lot of changes that are occurring on the transportation system, both because of new traffic for this project and also because of new capacity that's being introduced into the area. The Locust Grove overpass is a huge change. The Pine Street corridor is going to take traffic off of Fairview Avenue and it's going to take traffic out of the Pine-Fairview intersection. So, it's sort of a push-pull thing that they are generated traffic, which is, you know, causing capacity demands, but at the same time they are providing new capacity on the system. And in addition to that, they are paying in excess of 13 million dollars in regular impact fees to ACRD, a portion of which will be used to pay for Pine Street, but there is close to ten million dollars of additional monies that are available to do other, you know, system improvements within the Meridian area to mitigate any future, you know, unidentified impacts that may exist at this time. If you have -- if you have any specific questions about the transportation elements or the impacts or any of the assumptions that went into the study, I would be happy to try to answer them. De Weerd: Council, specific questions? Rountree: Not of Patrick. De Weerd: Okay. Bird: Madam Mayor, I do have one question. De Weerd: Yes, Mr. Bird. Bird: And it's just off the wall, but how do you -- how do you determine the impact of -- of the traffic when you're adding an overpass and aroad -- you are completing a road and you're getting another entrance up to Fairview? How -- I just don't understand how you can get in a crystal ball and say, you know, that it -- how it's going to impact the -- because we have no idea how much it might take and I -- and I kind of feel, even though this is a large development and it's being done over so many years, it might take actual traffic off of Eagle Road. Might lower the count of traffic, because Pine Street is going to be a very popular -- I believe is going to be very popular. I feel that going south of Meridian, once Locust Grove overpass is there, Eagle and Meridian overpasses volume will cut down tremendous. So, I don't -- I just -- I don't know how when something like this, when you're adding so many road features, in my opinion, how you know the impact of traffic out there on Eagle. Maybe you can answer. Dobie: Well, I agree with you totally and for the -- for the baseline assumptions in my traffic analysis, I discussed this with Compass, you know. Compass maintains the Meridian City Council October 23, 2007 Page 65 of 104 model. Compass is -- is monitoring the demographics and the development trends, you know, associated with your Comprehensive Plans and the input that you give to them as a planning agency. In looking at what would be occurring on Pine, you know, we approached it from the assumption, you know, if you build it they will come. I mean this is brand new asphalt out here. This is, you know, untouched capacity and it's going to be faster than all the altematives and people tend to take the path of least resistance. You know, if it's faster they'll go that route. And between Pine Street and Locust Grove Road it's going to be faster to get from point A to point B than the altematives. So, therefore, they will use it. Compass agrees totally. Compass modeled this, assigned a bunch of traffic to those to new arterials and as a consequence the traffic on the heavily congested arterials decreased. Now, over time development in this area, you know, and manifestation of the development objectives of the Comprehensive Plan will start to build it back up. But that's going to occur over a period of time. In the meantime, those developments are going to bring new capital resources on board that will build new capacity and, hopefully, keep pace with it, so --one last point as far as coordination with ITD. I discussed these reports with ITD. As a matter of fact, I met with them very recently on these right-in, right-out approaches and, you know, the deeds that exist, the deeded accesses that existed to the highway and some of the design criteria that will be needed and they said that it was certainly something that they would -- they would look at. They recognize that there are commitments to those approaches and, you know, their response was if you design it according to our standards we will approve it, notwithstanding the -- the variance. De Weerd: Any other questions for Mr. Dobie? Rountree: I have none, but I'd direct a question to Gary. De Weerd: Thank you. Rountree: Gary, I just want you to verify or speak to the comment that Mr. Dobie made about the conclusions that ACHD reached based on the traffic analysis and the re-look at traffic numbers. De Weerd: Gary, if you would just state your name for the record again. Inselman: Gary Inselman again. De Weerd: Thank you. Inselman: Mayor and Councilman Rountree, I agree with most of what Mr. Dobie said. They did do new counts for the turning movements and such. There were some streets that they could not count because of construction in the area and we noted that in our report, that we had the most current counts available for all the road segments. They Meridian City Council October 23, 2007 Page 66 of 104 did do updated counts at the intersections. We did conclude that there were a couple of intersections that did not stay at an acceptable level of service, but there was -- say Fairview and Eagle, for example, there is really nothing more that we can do now that the interchange was taken off the long range plan at Compass. The intersection is nearly as big as it can get. You can add the through lanes on Eagle, but that's an ITD decision. So, for our jurisdiction the capacity is there that we can provide. Rountree: Thank you. De Weerd: Gary, I guess before you walk off -- and I don't know if I can ask this question, since the connection on the northeast -- the connection that you want from -- oh, what is the road over there by Wal-Mart? Inselman: Records. De Weerd: Records. Records to go north and you have started the leg from Ustick going south. Do you believe that as that connects, as being proposed, is that going to help also reduce some of that congestion on Eagle? Inselman: We certainly hope so. We made a very large investment in that property to get that road started and we do believe that it will ultimately help serve those developing parcels and keep that localized traffic off of the arterials to those sites and on those roadways and that that's a wise use of those funds to protect the arterial. De Weerd: So, from a traffic perspective I know that Councilman Bird had mentioned and asked the question with all of the improvements that are being suggested in this area that do add capacity, how do you figure how that capacity is absorbed through these kind of developments and over what time? Inselman: Madam Mayor, as Mr. Dobie said, we rely on that Compass model as best we can and as I stated earlier, one of the reasons we said we would look at the possibility of that signal on Fairview after all these other things have been in place is so that we can look to see what traffic really does and verify those assumptions, because, you know, you really don't know exactly how it will all play out until they are built and open and traffic patterns are established. De Weerd: So, as one of the transportation agencies that is looking at dealing with this traffic, do you think with the capacity that's added in the area, that these improvements are sufficient to address the impact of this development? Inselman: On the ACRD roadways I believe they are. I cannot speak to Eagle Road, it's a separate entity of itself -- or issue of its own. • Meridian City Council October 23, 2007 Page 67 of 104 Bird: Madam Mayor? De Weerd: Yes. Bird: Gary, you hit upon this and now I'm coming back and I don't remember if the applicant has got Commercial as a right-in and right-out only, but that's what we went across and did at the one across the east -- going east; right? You can -- that isn't a full intersection, is it? Inselman: Mr. Bird, today Commercial and Eagle is a full access intersection and it was our recommendation with the first application on that Elixir property that it be restricted when that's developed and it was the intent when the connection was made between Commercial and Pine on the east side from that Albertson's property north. Bird: That's what I mean. It's right-in, right-out, isn't it? Inselman: No. It's not restricted -- no. There is no median in Eagle Road today. You can make that movement if you're courageous enough. Bird: Yeah. It would be right-in, right-out forme. Zaremba: Madam Mayor, in the long range plan -- De Weerd: If you will speak up, please. Zaremba: Sorry. In the long-range plan that I think ITD has shown for this area and that's before the Center Cal came in, I do believe eventually there is going to be a median that would block Commercial. Now, when that's going to happen I don't know, but I would assume is that is going to happen sometime. It keeps getting put off for funding, but I'm not aware that the plan has changed and I think they did show a median at that point. De Weerd: Thank you, Gary. Inselman: Thank you. De Weerd: This is still an open Public Hearing. Is there any additional testimony? Would you like to make wrap-up remarks? TorFin: Yes. Zaremba: Madam Mayor? • Meridian City Council October 23, 2007 Page 68 of 104 TorFin: Madam Mayor -- De Weerd: I'm sorry. Zaremba: Before you start your wrap-up remarks, let me throw one more thing in if I may and that's -- no. I need you. I was waiting for you to come back. And that's an attempt to help Blue Cross. I am of the feeling -- and I think it's been confirmed, that their current main access probably is not going to be workable in the future. I'm not so convinced that they need to move all the way back here, though. I would think for visibility, the front of the building, and access in and out, that somewhere along here where they already have a parking lot roadway that comes close to that would be better. To do that, though, I would want to see your access point be opposite that, instead of offset, as you have done here. And not to redesign the project for all these years of you working on it, but is there a way that even if you extended the retail back one more little piece and added another retail building, that both of you having the access at about that point would be of any value to anybody? TorFin: Madam Mayor, Councilman Zaremba, we -- what we have shown is the offset actually benefits their access. If we line them up and try to have full access -- and that's what I'm understanding you're talking about, full access. Zaremba: Yes. TorFin: There are too many -- there are too many conflicts, unless you put a control on that and so our -- Scott Wunders with Stanley Consultants, who will be -- who is designing this, has maybe a better handle on this, but I'll try to explain it. Our right-in, right-out here, you know, doesn't -- we don't think it impacts Blue Cross's site, because we are going to be restricted in this location. If -- if we are making left tuming movements in here and they are making left tuming movements coming in here, there is no conflict. But if we line them up we are going to have conflicts in our left tuming movements without a traffic signal. So, we have shown this and it's -- you know, I guess right now it's conceptual. We did show one option that we did. We lined up both our access points right here, which didn't function as well given the future traffic demand on the road and so this is the one that we think works best. And I think the final -- you know, the final outcome will be trying to work with Blue Cross with the City of Meridian and ACHD to wrap that up -- align them up -- just to get back to your question -- to line them up is not the best function and either Pat or our other consulting engineer might well address that better than I have. If I may, Mayor, one other point I'd like to make is back to these access points right here. If you don't have, you know, a considerable amount of traffic pulling in here, it will benefit Blue Cross, if traffic can pass in and get in through here. So, that's -- I guess that's just another argument that I maybe didn't make earlier. ~~ Meridian City Council October 23, 2007 Page 69 of 104 De Weerd: Well -- and I wonder why Blue Cross didn't comment to the variance, because that is exactly what would help. At least their access is to give additional things and I guess Anna in staffs evaluation, in looking at the variance, and maybe not particularly to this application or -- but to this development, but to their neighbor to the north, that those variances I think would work almost better for their northern neighbor as well in moving some of those cars off of Pine wanting those turn movements. Was that part of staffs evaluation or can we look at off-site constraints? Canning: Madam Mayor, Members of the Council, staff does not purport to be traffic experts, so we generally don't get into that aspect of the variance application. We just stick to the findings, which are not related to necessarily traffic impacts, as much as they are public health and safety. De Weerd: Mr. Torfin. Torfin: Well, I guess to wrap it up, that was one point I was going to wrap up. That does benefit our neighbors. We -- you know, I guess this -- this is a full access on this side of Eagle Road and, you know, maybe at some date ITD does have a plan, I believe it's been reviewed probably by the City Council that there will be some restrictions along here. So, we -- I guess -- our project is a long-term project, so it's not like the traffic's all showing up tomorrow, that's -- that's one thing. And, really, you know, Eagle Road is the focus it seems and there are improvements that are taking place that are going to alleviate some of the present congestion. You know, the long-term plan is to create some additional north-south routes through the area and Highway 16 is one, potentially something to the east could occur, although it seems like nobody really wants to think about it, you know, a direct Five Mile off the interstate right now, but those are other things that, you know, I think will still be on the table in the future to help alleviate that. I think just -- Pat addressed it, but we did go back and re-study the counts and so the information that -- just rebuttal that our traffic counts were outdated, you know, is -- we did address that with ACRD. We think we have a good project. We have been working on it a long time and we are very interested in, you know, moving this forward and getting on with the design of Pine Street, which is important to us, and so I think, just in closing, I would ask for consideration for approval tonight for the variance and for the other portions our application, including the modifications to the conditions that we discussed. Thank you. De Weerd: Council, any questions? Bird: I have none. To-fin: If I may, I do just want to -- Dennis reminded me that we -- we intend to work with Blue Cross in good faith to solve -- you know, solve some problems and so, you know, we are at the table now. Meridian City Council October 23, 2007 Page 70 of 104 De Weerd: Well, I guess I could invite you to sit down and maybe you need to stand back up, but I'll get on my traffic soap box, because, you know, we have been -- we have been dealing with this -- we inherited an inefficient system. If you look at the system in the Treasure Valley, Eagle Road is the only one that has anorth -- that is a functional north-south corridor. You may take exception to functional at this point, but it is the only north-south corridor that has a river crossing, a railroad crossing, and an interchange. It's the only one that connects anywhere, except when you get down to maybe Curtis and Broadway on the east and Middleton or Midland on the west, if that's -- that's a stretch. So, we wonder why Eagle Road is the mess it is. We have been working very diligently -- and I know I have talked to the CEO of Blue Cross about this and I feel like my fight on this has been by myself -- or the city alone in advocating for the Ten Mile interchange and we are going to get the Ten Mile interchange. Well, we will need that full support on the Ten Mile interchange this legislative session, because full construction is going -- and being requested at ITD -- ITD is bringing that to the legislature and what it showed years ago when we did our numbers is it would impact Eagle Road and add capacity there at ten percent. The state legislature gave us a tool. Now, the Idaho Statesman might think that we are not thinking statewide enough to want to use the Star legislation to improve our own system, but, excuse me, I'm elected by my citizens and not by the state and so we are going to employ every tool we can to find system improvements out there. I made that pledge to your CEO and I have taken that pledge serious. We are looking for alternatives to adding capacity to taking traffic off that road at every turn. That is why maybe not this Council, but I know a couple of us that were on this Council when we dedicated dollars to the Locust Grove overpass. This city saw that system improvement as necessary to improving some of the impact on Eagle Road. Eagle Road carries the Treasure Valley's traffic. Eagle Road is not only finding congestion based on what Meridian does and so -- but Meridian is dedicated to finding different avenues to take those trips off of there. This has been another thing that we are told takes traffic off of roads and that's mixed use developments. It's trying to capture trips internally. This is what this is designed to do as well. I don't have a crystal ball and, you know, I think Meridian has taken traffic impacts more serious than anyone else and, I will tell you what, it's because we have to. But to say that we don't care and we are not looking seriously at these traffic inputs -- or impacts is I think a stretch. We look at traffic impacts -- and I swear, I live and breathe it every day. And I'll tell you what, I probably spend more of my time as Mayor being a traffic -- not expert, but trying to be an advocate at every turn. Also in this area is a very valuable rail comdor. We think at some point -- and I hope that is also in the lifetime of the build-out of this development in this area, that that rail corridor is functional. We also have plans, if we ever find a funding mechanism for public transportation, that public transportation will be also another tool to help in this area. Blue Cross is very valuable to this city. You're a corporate sponsor. You're a corporate partner. We appreciate you being and residing in our community. And I want you to know that. But we are working to add capacity in that area and I can't give any guarantees, but the \_ J Meridian City Council October 23, 2007 Page 71 of 104 numbers that have been provided to us and what we hope will have system improvements out there -- and I don't know, maybe our attorney can help us -- if we have -- if we have growth triggers to this, but, I'll tell you what, this developer is putting in more system improvements and capacity than anyone in that area, except for the development that goes north of there. They are adding a third lane, both going north and south. We hope it gets through to the public commenting process, if -- if people support the idea of the Star legislation and I don't know what else we can do, but I do know that traffic is going to continue to be impacted by the entire valley until we have another functional north-south route and more functional east-west routes as well, because right now the only functional one is I-84, if you call that functional. But we are working on that, too. So, I -- Council, I, apparently, am not going to break any tie, because there are three of you -- Rountree: Are you still on your soap box? De Weerd: But I want our Blue Cross friends to know we are doing everything we can. We have looked under every rock and we have considered public-private partnerships at every turn, because we inherited a system that we don't just impact and we are trying to do what's best in that area and the improvements that this development adds does help add capacity and give people different routes and -- I'll get off my soap box. Rountree: Thank you. Bird: Thank you. De Weerd: I took away that one minute sign from you, Mr. Berg. Bird: Well, Madam Mayor? De Weerd: Mr. Bird. Bird: Are you done with your public speaking? If you are, I would move that we close -- if nobody else has any testimony or needs any -- De Weerd: Well, it is a Public Hearing if there are any other comments. Rountree: Madam Mayor, I have a question for Anna. De Weerd: Anna, question. Rountree: I have not heard an explanation yet this evening of why there is a variance requested for Commercial. ~ ~ Meridian City Council October 23, 2007 Page 72 of 104 Canning: Madam Mayor, Members of the Council, we -- we required this of Gardner- Ahlquist as well. The way it reads is -- the use of existing approaches shall be allowed to continue provided that all of the following conditions are met. The existing use is lawful. The nature of the use does change. For example, a residential use to a commercial use. The intensity of the use does not increase. So, because the intensity of the use is increasing, that approach is questionable and if you go to the definition of approach in the UDC, it's does state existing streets. And that's why we have had the Gardner-Ahlquist bring that proposal to you, as well as this one. If Council ever chose to close one of those public streets, it would -- we haven't dealt with that issue, obviously, yet and the questions that might raise. But this does suggest that those need to at least come before you in variance application. Rountree: Madam Mayor. Did you misspeak in terms of the ownership of this particular road, because it is a private road. Canning: What I meant was because the applicant is not the sole property owner of that approach and use, then, those questions we haven't dealt with as to if you were to deny the variance request how we would proceed from there. Rountree: Okay. Zaremba: Madam Mayor? Rountree: You have clarified my confusion. Thank you. Canning: Okay. De Weerd: Mr. Zaremba. Canning: That's unusual. I didn't have to have Mr. Nary interpret for me tonight. Nary: Not yet. Zaremba: If by chance we were to approve the variances, is there anything about that that would etch in stone the current full access to them? I would not want to give anybody hope that the median isn't coming or that they have some right to deny that median. Canning: Madam Mayor, Members of the -- Zaremba: And let me frame that in another picture. I agree with our ordinance about access to state highways. The issue here is where the next access would be there is actually a railroad track. So, I'm not having much difficulty saying we could move an • Meridian City Council October 23, 2007 Page 73 of 104 access to Commercial. But I don't want to take away ITD's plan to put a median in front of Commercial and eventually that's going to be right-in, right-out. Canning: Madam Mayor, Members of the Council, Councilman Zaremba, Pine is the half mile one and, then, Franklin and Fairview would be the mile roads. With regard to the railroad track, I'm not sure what that meant. Zaremba: Well, haven't we allowed right-in, right-out on the quarter mile? Canning: No, sir. Not as a policy. Zaremba: Oh. Sorry. I thought that was part of it. Canning: With regard to the right-in, right-out onlys, the -- you could certainly require -- there are improvements they could do to complete that now that would -- that would insure that that were done if in the event ITD does not have the funding to put medians in the future or the near future. Zaremba: Thank you. Canning: Does that answer your question, Mr. Zaremba? Zaremba: It does. Canning: Okay. Zaremba: And I don't know if I'm speaking alone, but I just wanted to make sure that if we do go that direction we safeguard the eventual median. De Weerd: I guess I have a question for Dan and I don't know if it's for you, Dan, or for Pat. We have never required this, but let me ask it anyway. You made note that this -- this plan is kind of phased or anticipated to be 20 to 30 years. Can you look at phasing it and tying it to some of the same road projects that ACRD has suggested before considering the traffic light and those kind of things, where you phase certain improvements or certain building components of it based on those road improvements connecting? Torfin: Could -- Anna, could we get the plan back up, please? Madam Mayor, Members of the Council, Dan Torfin again. I -- just for clarification, are you talking the other improvements on -- the outlying transportation system or within the project itself? De Weerd: Within the project and maybe even some of the system improvements on Eagle that it would trigger. Meridian City Council October 23, 2007 Page 74 of 104 Torfin: The right -- De Weerd: Just to protect the safety element. Torfin: The protected right lanes we are going to do? De Weerd: Uh-huh. Torfin: Potentially, yeah, Ithink -- you know, I think if we develop in this area we do those right tum lanes when we develop in there and I'm hoping that I'm understanding you correctly. You know, one thing I do want to point out on Commercial, there are covenants -- we do own the road, it's in our fee title ownership, but we do have these other property owners that have access to that road, so there -- there is a -- I guess a bit of a complication on -- on that road and how it all came together, but -- so, we -- you know, I guess if ITD does have a plan for raised medians, we'd like to leave -- I guess leave this as it is and let it be up to when that plan is implemented. I know during peak times, you know, traffic does stack back in this area and so it's limited already, but there are many times that it's open and the breaks, because of the traffic signal, that there are some openings there. As -- you know, as we develop this -- these -- these improvements will have to go in before we get into these areas, too, so it will be kind of phased in. Ithink the key -- you know, the key traffic improvement will be Pine Street and, you know, that's -- that's, really, our first phase. That's the first item that we are working on. And we are really kind of working it right now and getting ready to sign the agreement with ACRD, but we have already started the engineering of that. So, I think we are sort of doing that. And Locust Grove will be connected this spring, I believe the overpass is going to be completed either, you know -- De Weerd: In December. To-fin: In December. And, then, with our connection, you know, then, that starts -- we start seeing some of that relief that we have been talking about tonight between Eagle and Locust Grove and we know a lot of people that live north that will be doing exactly what many people have described tonight, they won't be on Eagle Road, they will be using these systems back over this way. De Weerd: But you will do the road infrastructure -- not just Pine, but Commercial and the road that would go -- what is that? Torfin: This -- Pinebridge. Up here. Yes. And, in fact, our first phased plat -- and this is another -- I guess another minor improvement to this system, but our first phase plat will include this road over here that will tie into the existing State Street. It doesn't show real well, but State Street comes down to Hickory and there is a signal here and then -- • • Meridian City Council October 23, 2007 Page 75 of 104 so, you will be able -- you know, there will be other options to come up to Hickory here and down to Hickory here and out. So, as we phase it we will be -- we will be including those transportation improvements. De Weerd: So, do you see a way that you could tie certain phases to -- to road improvements to make sure those are connecting before certain buildings are built? And I'm song I keep asking the same question. I, apparently, am not asking it correctly. Torfin: Well, it's -- you know, I think it goes back to the crystal ball and kind of wondering how our project's going to develop and trying to nail that down right now, because we do -- you know, the road -- the roadway systems are kind of set, we kind of know where they are at, but where it's going to develop and, you know, maybe -- okay, Maybe you have got -- you know, this is about 350,000 square foot of a campus and maybe you have a user for that and so I think, you know, you'd say, well, then, this Hickory extension to Commercial has to be constructed at that time and maybe that's -- you know, maybe that's what I'm trying to answer is that we -- we would be doing those things in those areas, but I don't know exactly where the phasing's starting. It seems like we are -- you know, we will be kind of focused back in here right now. Our office building here. Potentially you might see some retail go in, some restaurants have, you know, been looking at this site right in here. But those improvements on those turn lanes on Eagle Road would be built at that time, too. De Weerd: Mr. Nary, I guess my question to you is could you tie road improvements and make them logical and enforceable to -- we haven't done that. Nary Madam Mayor, Members of the Council, you probably could, but this is probably not a project that would make much practical sense, because you don't have a definitive date for -- if this was one project and you had defined dates of when road improvements were going to occur, you could probably stage that. But because you're talking a large project that they don't even have -- mean a lot of what they are talking about is driven by the market as to what customers they have, what tenants they are going to have -- I mean I'm sure Mr. Baker has a fairly good idea of what he would like to build first, but it's still driven by the marketplace. I mean I think you could do what you're suggesting, Madam Mayor, if the Council wanted to do that. I don't know that in this particular project that would make much practical sense, because some of the other road improvements that might be of concern regarding Eagle Road, which was part of the testimony, we don't have dates and finalization as to when those improvements may occur. Right now the only thing that, you know, we have here is all of these road improvements -- that's why the Planning and Zoning Commission had required -- which I think Mr. Torfin wants the Council to consider something alternatively, is that anything related to Pine Avenue requires Pine Avenue to be constructed first before buildings could take access from it. So, I think that was their attempt to do what Madam Mayor is proposing is at least trying to tie that stage of development with that roadway. But I Meridian City Council October 23, 2007 Page 76 of 104 don't think with the other ones related to Fairview or how the Locust Grove and Pine will work are very practical from the staffs standpoint to try to monitor and be able to enforce that. So, the answer would be yes and no. De Weerd: Thank you. Thank you, Mr. Attorney. Bird: Madam Mayor? I'll give you anon-attorney's -- De Weerd: Mr. Bird. Bird: -- thoughts, if it would be all right. I think that -- I think that the applicant can control the extension of Pine, the redoing of Pine and that stuff with his development, but there is nothing to say that -- as we just went through on our pre-Council, because of money and stuff, road projects get changed and driven out we can't -- and we can't ask adeveloper -- if somebody comes in and wants to take a 100,000 square foot building or something, to pull it off until ACRD or ITD gets their money up. Now, what they do within the development I think we can kind of control and adding -- we have already got the control of getting Pine through by certificate of occupancy. We have already got that taken care of. So, I don't know how we could -- I don't know how to be fair to either -- to us, to the applicant, or to the roads to try to tie something like that. I wish we -- I mean wish we could -- had all the money we needed so the roads could be done that way, but I -- I don't see we hold this up without -- and market is going to drive what he -- I mean he -- this might beaten year project, instead of a 20. And it might be a 30, instead of a 20. De Weerd: Another probably out of the blue question. If the approval for the Eagle Road improvement does go forward as being suggested at this point, it appears -- well, I don't know all the details, but the center median will go at least from River Valley to Fairview and they have talked about it perhaps even going down to Pine. If it does, would you consider continuing that along the frontage of your property? Torfin: And do the improvements to that -- to that -- is it a landscape median or just a raised median? De Weerd: It's a raised landscaped median in certain places where -- it's all going to be in the design. They have -- they have shown different pieces of it and I don't know what it is in that area. Torfin: Yeah. I know we saw a conceptual plan that was -- you know, it seems like they were going to start the raised median at the interstate and move all the way to State Highway 44. I guess for the commitment of, you know, funds, Iwould -- for that raised median island, I'd like to defer to Dennis to have him maybe address that question. Meridian City Council October 23, 2007 Page 77 of 104 De Weerd: It would be landscaped, Dennis. But I have to ask, you know. If we can get that in. And right now we put a lot of resources out on Eagle Road and it's generally because of that center turn lane. It is a hazard and so I guess -- I know it's out of the blue, no one has mentioned it, but I'm asking. Baker: Madam Mayor, Members of the Council. Dennis Baker. 250 South Beechwood. I am not sure what I might be committing to. I certainly would be open to looking at additional solutions that could be brought forth in conjunction with others and other solutions you're working on, as long as we haven't already moved forward with other -- other -- we do have an interested national restaurant concern that is interested in locating up front toward Eagle Road. We do have a project here that I -- Dan will kill me for showing you -- that I'd love to show you, but I'm not going to -- and I can't do that, because I don't know that it could happen, but it's a fantastic project that would front on Eagle Road and I think would give great identity to Meridian and I would be the proudest person to -- to bring this and pull this off if we could do this, but I have gone through this project and it's a major wonderful live-work -- live-shop-work-play project and I did bring it with me just in case and I am not supposed to be mentioning it, because we show something and, then, it turns out to be something everybody is expecting, but, yes, I would work with -- with Meridian in solving those kinds of solutions to the best of our ability, just as long as I know that others are participating and its reciprocal all the way around and not just something that we are adding additional cost to, but not -- not really solving problems that you're looking for. So, I think we would work with Meridian to accomplish that goal. De Weerd: You would work with us if we get that road improvement moving forward. Baker: Sure. De Weerd: Thank you. Council, I'm sorry, I'm dominating your meeting. Any other questions at this point? Bird: I have none, Mayor. De Weerd: Staff, any additional comments or concerns? .Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we close the public hearings for AZ 07-006, RZ 07-010, PP 07-008, and VAR 07-007. Zaremba: Second. Meridian City Council October 23, 2007 Page 78 of 104 De Weerd: I have a motion and a second to close Items 14, 15, 16 and 17. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We have no discussion, I'll throw something out and see if we can get a motion going and see if we can get this Council meeting going. I move that we approve AZ 07- 006, the request for annexation and zoning for Pinebridge and to include staff and applicant comments. And -- that would be under the certificate of occupancy -- be under this or it's under -- De Weerd: He's just mumbling, Dean. Bird: No. I'm just checking to make sure that the certificate of occupation is under plat. I thought it was, I just wanted to make sure. I didn't want Anna jumping up and telling me that I had missed half the motions. Nary: We have a DA. Bird: Yeah. And we have a DA. And include the DA. Canning: Madam Mayor, Members of the Council, the C of O -- De Weerd: I'm sorry, right now discussion is not appropriate. Bird: That's my motion. Rountree: Second. De Weerd: Anna. Canning: I'm song. Madam Mayor, Members of the Council, if you're tying it to the C of O, instead of -- that's not a plat issue, so I think that is in the DA. But that's -- that's what you just did. Bird: It's in this deal. Meridian City Council October 23, 2007 Page 79 of 104 Canning: We could make it a condition of the development agreement, would be the cleanest, probably. Bird: And with the second's permission I would add to the zoning compliance a certificate of occupation. Canning: Did -- Rountree: Second agrees. Canning: Madam Mayor, Members of the Council, did the maker of the motion want to include the --anew condition regarding the historic preservation commission? Bird: I believe we, in our discussion and stuff, were going to get them with HPC and see what is -- I mean I don't want to require some applicant - or I'd never want to require some applicant to try to fix something that's unfixable and I'm not too sure that a good wind wouldn't blow those things over, but -- and Idon't -- I think that's -- they can go to the historic preservation commission and work it out with them. I thought that's what they had agreed upon. That's what this maker of the motion agrees upon, if the second agrees. Canning: And, Madam Mayor, I'm not trying to -- I just want to make sure -- it's been awhile since we raised these issues, so I just want to make sure I have got it right. Did - - did the maker of the motion intend not to discuss the issues about building permits prior to signature on the final plat? Bird: Well, Idon't -- I got to know what you're -- that was one of your conditions, wasn't it? Canning: Madam Mayor, Members of the Council, the Commission had asked staff to work with the applicant. The way that the Commission left it I believe it does require modification to the Commission's recommendation to the City Council. Madam Mayor, I take that back. I'm sorry. It was included as condition 1.2.11. Forgive me. Sorry. Bird: Yeah. That's what I -- you had me doubting myself. Canning: I'm sorry, Madam Mayor, Mr. Bird. Bird: No problem. Is that all your questions now? Canning: Yes, sir. Thank you for indulging my clarifications. Meridian City Council October 23, 2007 Page 80 of 104 Bird: Thank you very much. De Weerd: We have a motion and a second. Any discussion? Rountree: I have none. De Weerd: Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Item 15. Bird: Madam Mayor? De Weerd: Yes. Bird: I move we approve RZ 07-010, rezone of 75.67 acres from I-L to L-O zones to C-G zone for Pinebridge and to include all staff, applicant, and public remarks. Rountree: Second. De Weerd: I have a motion and a second to approve Item 15. Any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Item 16. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 07-008, the preliminary plat approval of 61 building lots and 21 common lots on 170 plus/minus acres in an approved C-G zone for Pinebridge and to include all applicant, staff, and public comments. Rountree: Second. L_J Meridian City Council October 23, 2007 Page 81 of 104 • De Weerd: I have a motion and a second on this item. Any further discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: And, Mr. Bird, Item 17. Bird: Madam Mayor? De Weerd: Yes. Bird: I move that we approve variance 07-007, the request for a variance application for two access points to North Eagle Road for Pinebridge and to include all staff, applicant, and public comment. Zaremba: I'll second that and add some discussion. De Weerd: Okay. Zaremba: Could we clarify as part of this motion that the applicant has agreed that if other improvements are made on Eagle Road by another developer north of here, that they have offered that they would continue the median in front of their property? Bird: I believe they had this in public testimony of the applicant, which is part of my motion. Zaremba: We don't feel that needs to be in the motion? Nary: Madam Mayor, Members of the Council, that's not part of the application. I mean all they are asking for is access points. But you can't tie -- you either grant it or you don't. It either runs with the land or it doesn't. You can't condition it. So, you either grant it and make a finding as to why you're granting it, but the fact that there might be something else that might happen in the future, that's not a consideration for a variance. It's whether it meets the standards of the ordinance. Zaremba: Should it have been a consideration of the development agreement? Nary: It can be, although I guess my recollection of the testimony was, yeah, I will work with you, it depends on what it is, I'm not going to commit to anything. So, I'm not sure what you'd put in a development agreement for that. And I'm not trying to be facetious, I understand the reason for that testimony, but, yes, it could be part of a development • i Meridian City Council October 23, 2007 Page 82 of 104 agreement. I don't think you had consensus to include it, but you can certainly back up to that if you wish. But on this it's whether it just meets the standards or not and what your findings are, so -- Zaremba: Thank you. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I'm still having trouble issuing a variance based on the criteria that Anna showed. On a private road that, granted, is owned by the applicant, at least to some degree, and possibly some neighbors to the south and I'm not sure I want to get into that rhubarb, but we probably will. I don't have a major concern with that access point, because it is there and without this application it probably will develop to the south and continue to increase the use and probably would remain. I do have a problem, though, granting the variance on the -- between the two existing locations at this point. It seems to me it's premature. Having not really had the opportunity to comment one way or another on variances on state highways in the past, but having watched them rather closely, it seems to me that the Council's position has been not to allow access on state highways until the applicants have worked out their issues with the transportation department and if the transportation department has allowed access, then, that's been brought back and used with the Council to request a variance and get generally favorable response. I know that protracts success, but it seems to me that's the process that we had. I would like to see what ITD has to say about that access point between two existing accesses on Eagle Road, even though it is deeded. I suspect they probably will ultimately allow it, but I don't know that. Depending on their action, then, I would think that that would be when the applicant would bring back a request for a variance. So, my position is to not act on the variance request until that issue is clarified with the owners and operators of that particular facility and my position would be not to approve the variance this evening. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And I don't disagree with Mr. Rountree. I have always felt the same way until the last few we had and, then, I went down -- Boise's impact on Eagle, their city limits in Eagle and you have -- in a half mile you have six or seven entrances-exits being used. You go on down to Eagle north of -- or of Chinden and -- and one side has, if I remember right, between State and Chinden, one side has something like 12 or 13 entrances and exits and the other one something like 11. So, while I would like to see frontage roads all throughout these major things, it's too late. I hate to say that, but it is • Meridian City Council October 23, 2007 Page 83 of 104 too late. I don't like the closeness of it either, but it's aright-in, right-out only. I -- I have -- there is lot of precedence that ITD has allowed them every eighth mile or every 16th mile. I don't think it will. That's why I -- I agree with Councilman Rountree, I mean I wish they were every half mile, but they are not. We -- we come up with a plan after the road was developed. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I mean you have two -- two distinct variance requests. If you think they are --the findings are the same for them, that's fine, I mean that's within your discretion. If that's the case if you could clarify that that is what your finding is. If you think there is a difference between the Commercial access because of the private road and the other properties that access it and whether or not those other properties will have similar access. The only thing the statute points to is the potential for a regulatory taking if -- if variances aren't granted, it would like you to at least make sure whatever finding you make that we have that articulated on the record as to what your reasons are. If you think they are different, then, you certainly have the ability to distinguish them as to what -- why you may grant one and not another or why you may grant both for different reasons. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Call the question. De Weerd: Mr. Berg. Roll-Call: Bird, yea; Rountree, nay; Zaremba, nay; Borton, absent. MOTION FAILED: ONE AYE. TWO NAYS. ONE ABSENT. De Weerd: So, Mr. Rountree, your suggestion was to take it to ITD and, then, bring it back? Rountree: Madam Mayor, my motion would be to continue Item 17 until such time as the applicant has reached an agreement with Idaho Transportation Department with respect to the access points on Eagle Road. Nary: Madam Mayor? Meridian City Council October 23, 2007 Page 84 of 104 De Weerd: Yes, Mr. Nary. Nary: Oh. I guess I'll wait for a second. Sony. Zaremba: Again, I'll second that for discussion and could we include in that motion that if there is agreement with ITD it would include putting the median in? Can we direct ITD in what they do? Rountree: I don't think we can do that. Nary: I don't think you can, either. Madam Mayor, Members of the Council, if you want to table this motion, so that it puts in, basically, in the applicant's hands to go forward, they don't have an approved variance, so they don't have an approved access to this point. The staff would have to follow the ordinance in regards to the plat. If that's your intention, then, I think we would be tabling this motion, because there is no date to continue it to a date certain. If you think you want to set it over for 90 days or 60 days or whatever and put the burden on them to move this along a little quicker, I think that's within your purview as well. But I think you have to pick one or the other or, otherwise, this will just hang there. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Could I say something? And this probably don't need to be, but we are basing a lot of stuff on a development that is supposed to go in at another location on this. There is no guarantee that other thing is going to go in. The market is down and I mean I haven't seen any dirt move out there, other than picking up turf, and we are basing Eagle Road off of that deal. This is a development that's standing on its own and that's De Weerd: Mr. Bird, I don't think the variance has anything to do with that. Bird: Well, you're wanting to add the --the median and everything else into it and -- Rountree: The motion does not include that. De Weerd: So --okay. Bird: Question. De Weerd: The motion was to table this, then? Is that the appropriate -- Meridian City Council October 23, 2007 Page 85 of 104 Rountree: As opposed to continue, to table. De Weerd: Second agrees? Zaremba: Second accepts that change. De Weerd: Do we need a -- Berg: A question. De Weerd: Yes, Mr. Berg. Berg: Madam Mayor, if I could ask a question. Are we going to wait for more information or are we going to wait for a decision by somebody else before you make a decision on the variance? My concern is that if you're going to get more information, do you keep the hearing open or just if you're just going to wait for one aspect to make a decision and I -- I don't know if you can table it definitely to keep it on the books. Nary: Madam Mayor, Members of the Council, if -- if there is a desire for this access -- by tabling it all -- I mean Mr. Berg's right, I mean it simply is, essentially, in abeyance at a point something should probably happen with this. But you can do that. You could certainly table it. They would have to renotice it, just like any other application. You could deny it, because there is not enough information at this time to make the findings to grant the variance. That doesn't bar them from asking again. They can come back and reapply. They'd still have to notice it. But the only significant difference is they would have to pay the fee. So, one certainly gives you closure now, which is I think what Mr. Berg is talking about. The other doesn't do that, but at some point someone's got to remember to deal with this in some fashion. So, you certainly have that option as well. But your motion is to table at the moment, unless you want to withdraw that or amend it, that's what you have in front of you. Canning: Madam Mayor, Members of the Council, actually, we do have a prohibition about submitting the same application if it's been denied. So, the better -- the better solution may be to have the applicant withdraw that one, so that they may resubmit that portion. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I appreciate Mrs. Canning's thought on that. If you want to do that, I think you're going to have to withdraw your motion and reopen the Public Hearing if you're going to get testimony from the applicant Meridian City Council October 23, 2007 Page 86 of 104 withdrawing their application. Because, technically, you couldn't take any further information on that at this point. Rountree: So moved. Zaremba: Second accepts. Bird: Second agrees. De Weerd: I'm assuming that so moved meant -- Rountree: To withdraw my motion. De Weerd: You don't need to -- you can just withdraw. You agree to withdraw the motion. Correct? Nary: Correct. Zaremba: I agree to withdraw my second to the motion that was withdrawn. Correct. De Weerd: Now -- Rountree: Now I move to reopen the Public Hearing on Item 17. Zaremba: I'll second that and I will comment for the record that I don't believe anybody left the room during the period that we had that hearing closed. De Weerd: You're right. Council, I have a motion to open the Public Hearing on Item 17. All those in favor say aye. Any opposed nay. Bird: Nay. De Weerd: The two ayes. Motion carries. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. De Weerd: Mr. TorFin. Rountree: Question for Dan. Torfin: Madam Mayor, members of the Council, we agree with the withdrawal of the variance request and I guess what we will do is we will seek ITD's input and, then, come • ! Meridian City Council October 23, 2007 Page 87 of 104 back and re-apply. We are withdrawing our application, so we will just have to go through that process again, so -- yes. De Weerd: Then you -- that's considered a request; correct? Torfin: I guess our preference is -- would be to, you know, get the variance approved, but in light of the discussion -- Nary: Stop while you're ahead. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Question for Dan. What kind of time line do you anticipate? Because it could continue if you had a date certain in mind. Torfin: Well, I -- you know, it's hard to guess what ITD -- I guess we could continue it for a date certain and get a feel for the timing, if that's an option. I -- you know, I don't know. Six months. That's what I heard. We have been discussing this with ITD and we intend to submit something right away, so if -- if a continuance for six months saves a little bit of process time, we would be agreeable to that. Rountree: Probably the withdrawal is the way to go. De Weerd: Mr. Nary. Nary: Sorry, Madam Mayor, Members of the Council. I guess this Council has discussed about some of these lengthy continuances. It would appear if you set it over for six months you would, likely, want to renotice it anyway. If there is no additional cost to the applicant, there is new information that will probably be gathered by traffic studies, some of the things Blue Cross' testimony had brought out, staff needs time to analyze that as well, I'm sure, as ITD and ACHD will. I don't think there is any value to just setting it over when reapplication doesn't impact you any differently and the noticing would be done more routinely if you did it that way. Someone would have to remember in six months to go out and renotice it, because that wouldn't be common for us, versus a new application. De Weerd: Anna, how does this affect the plat that was approved? Well, it shows the access point and it shows a private road to the south. Canning: Madam Mayor, Members of the Council, I can go check the preliminary plat conditions. I would assume that the preliminary plat was written as -- that the variance • • Meridian City Council October 23, 2007 Page 88 of 104 applications, particularly for the one in the middle, were not approved, because that was discussed at the Planning and Zoning Commission. They -- they acknowledged that the Commercial Street access would probably need to remain and would remain regardless of this application, it's just kind of whether or not they would take access to it I think was the question. So, that issue's probably been addressed. The one in the middle has probably been addressed as needing to go away, unless the variance was approved, but I could check. De Weerd: But if they own that road, how could they be denied access to it? Canning: As I said earlier, Madam Mayor, there would be a question as to how to actually implement the second one. To be truthful, I think staff assumed that the Commercial Street would stay, because of some of these complications related to it. De Weerd: So -- Bird: That looks like -- that plat looks like the center one isn't there. That looks like a walkway to me. So, I don't know why it isn't -- what's wrong with this plat. And Commercial isn't going to go away regardless. Canning: The plat does not appear to show the access points on it at this point. De Weerd: I guess if you withdraw, you have time to -- to contemplate all these comments. Torfin: Madam Mayor, Council, would it be possible -- and I'm thinking out loud here. It seems like Commercial -- it's an existing access. Can this variance be separated, so we are just dealing with the center variance? It was our intention -- and I think our concept plan shows it, but to have that access. Could we separate the variance request and let Commercial stand, because it's an existing access and it is -- it is in our ownership boundary. Rountree: I don't have any problem with that. De Weerd: It sounds from what Anna has noted, it would be separate. The Commercial is an access right now, it's -- it's in your ownership and so -- is that correct, Anna? Canning: Madam Mayor, Members of the Council, the applicant just asked to withdraw the second variance application and Council could act on the Commercial Street, if that's what Council would like to do. TorFin: That's what our request would be, Madam Mayor. • Meridian City Council October 23, 2007 Page 89 of 104 De Weerd: What? Torfin: That we -- that we withdraw the center access and that the Council, if they so desire, would act on the variance request for Commercial. De Weerd: Okay. TorFn: Thank you. De Weerd: Council, he's withdrawing the center access request and would like your action on the Commercial access. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If there is no more public testimony -- have you asked for that? De Weerd: Is there any further public testimony on this? Rountree: Seeing no further, I move that we close the Public Hearing on Item 17. Bird: Second. De Weerd: I have a motion and a second to close the Public Hearing on Item 17. All those in favor say. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor, could I ask a question of staff? De Weerd: Yes, please. Bird: On this -- if we are going to split it, they have withdrawn the center entry and leave the existing Commercial in the variance, do we still -- do you still want to use the same number, VAR 07-007 and when they come back they will have to have another variance number for the center one; am I right? So, we use this number and just clarify that we are only -- we are only dealing with Commercial. Canning: Yes, sir. Bird: Madam Mayor? Meridian City Council October 23, 2007 Page 90 of 104 De Weerd: Mr. Bird. Bird: I move we approve VAR 07-007, which has been split and the only variance we are dealing with is the Commercial -- the road now known as Commercial off of Eagle Road. Rountree: Second. De Weerd: I have a motion and a second. Mr. Nary, do we have to have specifics on the basis of this variance? Nary: Madam Mayor, maybe I could be of some help. Madam Mayor, Members of the Council, the statute requires that you make a finding that there is no special right that you are granting, that there is an undue hardship based on the characteristics of the site and that the variance is not in conflict with the public interest. Your discussion has been primarily of the other accesses that other property owners that are not the applicant take from this road and that by eliminating this access point may be a hardship upon them. So, the constraints of this particular site, by the statute, may be a reason to grant it. There isn't a special right being granted, because you're, basically, allowing continued access through that property, even though the applicant owns it. I think staff said part of the reason that the request was required is merely a mechanism of our ordinance. So, there are -- there are findings, if that's your pleasure, that that's your reasoning, that's what we would include in the variance findings. Bird: That's the motion maker's -- De Weerd: Intent. Nary: That's exactly what I thought you wanted. That's the reason I thought you meant. De Weerd: And the second -- Rountree: Second agrees. De Weerd: -- intends as well. Any discussion? Bird: I have none. De Weerd: Mr. Berg, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. Meridian City Council October 23, 2007 Page 91 of 104 MOTION CARRIED: THREE AYES. ONE ABSENT. Canning: Madam Mayor, before we leave that one, just for the record, so that when -- if someone's reading the minutes, that the second access -- the center access was not denied by Council, it was withdrawn by the applicant. Bird: Yes. De Weerd: Let the public record note that. Thank you for indulging us. Zaremba: Do we need to put it on the record that we accept that withdrawal? Canning: I think you just did. De Weerd: I think you just did. TorFn: Thank you. Item 18: Public Hearing: AP 07-008 Request for City Council review for an Appeal of the Planning and Zoning Commission's decision limiting the hours of operation from 5:00 a.m. to 11:00 p.m. for Anytime Fitness located in an L-O zone district within Sundance Subdivision No. 5 by Dave Evans Construction - 3220 North Meridian Road: De Weerd: Item 18 is a Public Hearing on AP 07-008 and I will open apparently with Anna's comments. Canning: Madam Mayor, Members of the Council, this is the Anytime Fitness project. This is a request for reconsideration, so in doing that the -- the whole use is up for rehearing, so I will present the entire project. The Anytime Fitness is located on the northeast comer of Meridian Road and Ustick Road. It's currently zoned L-O. The application before you tonight is a City Council review of a Conditional Use Permit that was granted by the Planning and Zoning Commission. The Conditional Use Permit approval was to allow a 24-hour fitness center within a 4,750 square foot single story building. The .91 acre site is zoned L-O and located on Lot 10 of the Sundance Subdivision No. 5. At the August 2nd, 2007, Planning and Zoning Commission hearing the Commission approved the findings for Anytime Fitness Conditional Use Permit. At that hearing the Commission required a condition limiting business operation on the site between the hours of 5:00 a.m. and 11:00 p.m. Due to the limitations of this condition, the applicant Dave Evans Construction has filed for a City Council review to remove that condition of approval. The elevations I do have. Well, I used to have them. Where did they go? Meridian City Council October 23, 2007 Page 92 of 104 u De Weerd: Anna, isn't this an appeal of Council's decision? I know it says Planning and Zoning. Canning: Madam Mayor, Members of the Council, no, it's an appeal for a City Council review we call them now, of the Planning and Zoning Commission, upon which the Council acted on this previously and upheld the conditions that the Planning and Zoning placed on it. Did approve the use, but with the same conditions as the Planning and Zoning Commission did. The applicant, then, requested a reconsideration of the Council at that time and they suggested, which was where he was going after I found the elevations, but I, apparently, don't have them. But it was suggested that instead of 5:00 to 11:00, that they could perhaps live with 4:00 to midnight and that was part of the reconsideration. But, really, the -- really, the request is still that of the original appeal, with some additional information they have provided. But the request of you now is actually to -- the formal request is for the 24 hours still, but they did suggest in their reconsideration that 4:00 to midnight would be okay. But I have got just a couple more things to add to your confusion. The Commission, again, approved this at their August 2nd, 2007, hearing and at that hearing Travis Burrows from Dave Evans Construction spoke in favor. Risa Brown spoke in opposition. No one commented. And Vance Barber did provide written testimony. Key issues of discussion by the Commission were the facility security and disturbances surrounding residential neighborhoods and the 24- hour operation in the L-O zone. Key Commission changes were that they added the condition 1.9 limiting the hours of operation. Since the staff report we have received written testimony -- and this includes now the first and the second Public Hearing. We received written testimony from Risa Brown and Vance Barber. Both letters support the restricted hours and the Commission's decision. We also received an a-mail from Vance Barber with regard to the reconsideration request and the multiple hearings on this matter. Mr. Barber has resubmitted his opposition letter for this hearing specifically. And, then, as I mentioned before, we also received written testimony from the applicant suggesting that 4:00 a.m. to midnight might be an acceptable condition So, the outstanding issues before Council, again, this is -- it's your decision as to whether or not to approve the use now. You're not just acting on the conditions of approval, the one with regard to hours of operation. This is a new hearing for the Conditional Use Permit and Council can act as they see fit on the matter. With that I'll answer any questions. De Weerd: Council, any questions? Bird: I have none, Mayor. Rountree: I have none. De Weerd: The applicant. Meridian City Council October 23, 2007 Page 93 of 104 Burrows: Madam Mayor, Members of the Council, Travis Burrows with Dave Evans Construction. 7761 West Riverside Drive in Boise. I would like to have some additional information here. Nary: Madam Mayor? De Weerd: Yes. Nary: I don't always feel the need to have to translate for Mrs. Canning, but just to make it clear to the Council, it's as if we didn't have the other hearing. So, all of the information is new. There is no -- there is nothing approved at the moment. So, just so you know when -- as you process the information, it's not like they already have this approved and we are only talking about hours. They don't have anything approved. They have appealed, so -- De Weerd: Okay. Burrows: As I stated, this is an application -- a reconsideration for the Anytime Fitness facility. It is located at 80 East Ustick Road on the -- that is the northeast comer of Ustick and Meridian Roads. The final plat for the Settler's Crossing -- or Sundance Subdivision No 5, the Settler's Crossing Business Park, has recently been recorded and so this is showing the current recorded plat. These being the property lines here and this is the facility in question. These are the approved access points on Ustick here and on Meridian Road here. You can see travel through the development. Parking right adjacent to the building and to address a few of the concems brought up by Council and Planning and Zoning at the first few meetings, that, first of all, this is directly at the -- the comer of Ustick and Meridian. It is not directly abutting any residential uses there. There is quite a substantial buffer between the building and any of the residential. You can see on this that there is approximately 350 feet to the north -from the northern most comer to the residential properties and approximately 300 fleet to the east, from the eastern most portion of the building. And to the south of the building we have shown that as well. The nearest residential is across Ustick Road and is approximately 120 feet there. A few of the other concems that were brought up were deliveries to the building. There are not going to be any deliveries, other than normal business hours, UPS, you know, mail, those types of deliveries that -- cleaning of the facility, they have determined their slow hours of business are between 10:00 a.m. and 3:00 p.m. and that is when they do have aone-person cleaning crew. It's a fairly small facility. Lighting on the building. The exterior of the building is all soffit lights, similar to what is above you there. It's -- they are the recessed lights that shine -- this is an example of a similar building in a similar lighting in a different business park that's -- it would be down lighting along the building. Let's see. The traffic light at the comer of Ustick and Meridian I know is fairly new and does have one streetlight on the southeast comer of that to light the intersection. Previous discussions -- I know the police department was involved -- Meridian City Council October 23, 2007 Page 94 of 104 or not involved, but was involved in the discussion and said that they would be discussing the alarm -- the security systems, if it was to be a panic-type button alarm system that they do have, it's, you know, a panic alarm that would be mounted on the wall for emergency use only. That would be a priority call to the police department. The equipment they do have, they are -- it's not of the free weight type equipment. It all has a safety catch so it, essentially, eliminates a need for a secondary spotter. Let's see. They do have, you know, a fairly high tech security system as far as cameras inside the building, as well as on the exterior of the building, which is monitored 24 hours a day and is used to deter any -- any occurrences and to -- if there were any issues they would be able to determine that, who the culprit might have been. They do have a system that would prevent -- forget the term, but as the tailgating is if the member uses the key card to get in, there is a security system that only allows one person to pass through that. If there is somebody that goes through that that will be noticed. We have had the opportunity to check out the other facilities in -- there is one in Kuna, which has been very well-accepted by the neighboring businesses, as well as the owners, which are -- the proximity to their homes is considerably closer than what we are proposing at this facility. There is one at Nampa as well and a new one being opened in Boise. The facility is -- is just under 5,000 square feet and is considerably smaller than a typical fitness center that you would see in either Gold's Gym, Idaho Athletic Club, and their business model is to be located right in a neighborhood area to allow neighbors easy access, to promote pedestrian access, as well as bicycle and reduce the vehicular traffic. The building itself will look very similar to the other facilities we have in that development already. There is a dental office and an insurance office that they share with the real estate there. It's going to be a similar type model. It will, essentially, look like another office building in there. We feel it will be a minimal impact on the residential neighborhoods, even in operating with a 24-hour model, the -- it has -- we have determined that there were minimal patrons that would be going there after -- between the hours that were originally limited, it would be between 11:00 and 5:00 and/or 4:00 a.m. and midnight. It -- the facility is staffed between 10:00 a.m. and 6:00 p.m. At that point it is open to the general public to come in and either open up a -- start a membership and/or members to bring a guest with. After those hours it is only operated -- or accessed by the key card. In this packet that we have provided we have shown the proximity of the building in Kuna, you can see it looks like the properly setback is, you know eight to ten feet from the back of the building to the fence line and, then, the following picture shows from the fence to the back of the residence. We have also provided a few letters or statements from -- from the business owners in the area, as well as the residential owners directly behind the facility and I think with the extended hours of operation it would potentially reduce the traffic. There wouldn't be a lot of congestion at any certain time, it would be -- hopefully, it would be spread out through all hours of operation and, again, we have not found that there is any negative impact on the neighbors nearby and I know previously we -- it was discussed that Meridian's policy is typically to limit hours of operation in an L-O zone and we did some research. There are no ordinances speaking to this specifically, only that it is up to the Council to • Meridian City Council October 23, 2007 Page 95 of 104 have the discretionary authority to review these on a case by case basis and to approve or deny accordingly and we feel that since this is located -- I guess at almost the farthest point possible from residential areas within this L-O zone, that the other buildings in this development would create a buffer, as well as to the south Ustick and to the west Meridian Roads are -- I'm not sure about the traffic impact that is there, but I'm sure the building will be quite less of a noise and disturbing impact than those roads would be. And would stand for any questions at this point. De Weerd: Council, do you have any questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: You have used the Kuna location as an example. What's the -- what's the zoning that that facility resides in? Burrows: That I couldn't tell you, sir. As well as the Nampa, I'm not familiar with the zoning. The only information we were providing on that is the proximity to the residential areas there and that there have not been any issues brought forth by the homeowners, as well as other business owners in that area. De Weerd: Any other questions from Council? Bird: I have none. De Weerd: Thank you. I did have someone sign up, Brian Sweet, and it looks like he marked every box and, then, scribbled out -- I think he's for, but he was also neutral and against. But, I like said, I'm -- that was his most recent X and I don't think he's here. Burrows: Madam Mayor, Members of the Council, I -- we did have the opportunity to speak with Brian Sweet. He was the only neighbor that was concemed about this that did come to speak with us directly. Go back to the aerial. He is -- his home is located directly to the south of this. He owns this property right on the comer here and he -- I know it was stated by Planning and Zoning, as well as -- as the Council that you felt that it was a good a location and a good business model, the only concern was the hours of operation. He agreed with you, that he is -- he owns a gymnastics facility in Eagle and is all for fitness and all of that and is familiar with the other businesses in the area and I cannot speak for him, but he expressed that he was not concemed about the 24-hour use, so -- Meridian City Council October 23, 2007 Page 96 of 104 • De Weerd: Thank you. Is there any additional testimony? If you will, please, state your name and address for the record. Nelson: Genesis Nelson. 2688 North Springtime Way, Meridian. De Weerd: Thank you. Nelson: Madam Mayor, Members of the Council, I know it's late and everybody wants to go home. Me, too. De Weerd: We are trying not to be glazed eyes. Nelson: I'm just here, basically, to plead with you to, please, reconsider what we have asked. This business -- we have the one in Kuna. I'm just going to reiterate a little bit of stuff. Kuna, we have been open over two years. People live directly -- like as far as that wall to me behind the building and in two years we have never had one complaint due to our 24-our operation, noise, any kind of problems. If we had, we would have dealt with it, but we simply haven't had any. We have submitted nine letters to you of everybody that lives right behind there, stating that they do not have a problem. Also, the other business owners that want us there, they like us being 24 hours, because it offers protection for their businesses. We have the Kuna club. We have one in Nampa. We are opening -- we are just opened in Boise. Each one of these facilities has closer residents and have more impact to them than the club that we are proposing in Meridian. This one means more to me than any other club, because I'm a Meridian resident, so I'm having a really hard time with this. I'm only about a mile from this club and I have put a lot of pride into it and it's really hard for me to deal with the fact that -- I understand it's an L-O zone and you haven't in the past let anybody have -- or you have had restricted hours on these operations, but this is a little bit different, because we aren't really operating, we are not open, we have some people that come in past the hours that you would like to limit it. To those few people it means a great deal. It's not a huge amount of traffic in the middle of the night, but that the people that do use it, it means a lot to them, because there is nowhere else that they can go. They have jobs, they have things that -reasons why that's the only time that they are able to use the facility and the model, Anytime Fitness, I mean it's kind of going to be a joke if we are just Almost Anytime Fitness or Sometimes Fitness or -- I have heard everything from what I have been going through the last few months. Everybody has their own opinion of what we should change the name to. But we can't really change the name, it's a franchise -- I mean this is our business, it's Anytime Fitness, and so I really ask of you to really consider the actual impact that it really has on the residence, the businesses, it really doesn't have that much of a negative impact at all. It's a very positive thing for the neighborhood, for the community, and for the City of Meridian. That's all I have. Thank you. Meridian City Council October 23, 2007 Page 97 of 104 De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Evans: I'm Dave Evans. 7761 North Riverside Drive, Garden City. I called the planning directors for Nampa and for Kuna and asked them if they had had any code complaints on their 24-hour operations down there and they had none. Also called the police down there, which they haven't called me back, to see if they have had any calls and because I own the business park and I would own this business that Anytime Fitness would be a tenant and I'm not interested in having any kind of a situation occur in my park that's going to be negative on the other buildings, I got a lot of other square feet to deal with in there and I don't want it -- and I fully understand the policy and agree with it in most instances, however, it may not cover all -- and this is a unique situation, since the general public operation is -- is in normal business hours and the limited access to members only is in the off hours and so that's why we are doing this. I don't want to waste your time with this and beat this dead horse, but we thought we would reconsider it or at least get enough time to where her business model would put her in a position to where the business could succeed, which is important to me, and not have to compete with the other gyms, because the model is we would offer times that other big gyms do not offer. If you have -- if you're an off-hours shift and you're working second shift at Micron, you can get in there and work out when the other clubs are closed and that's part of the Hitch. The other is that the -- that they are successful in residential areas, because people don't have to travel and they can get to them easily. And that's - - that's my pitch. As regards to this letter, Anytime has extensive studies on their memberships and stuff and -- and the uses and the number of -- in fact, the amount of activities have been very successful in residential neighborhoods. I don't know where this address is right here by this gentleman that's objecting to it, but it doesn't look like he's close to the gym and it was refreshing to see the guy who lives closest to the gym for it. Thank you. De Weerd: Thank you. Council, any questions? Any final comments? Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anybody need anymore? If not, I move we close the Public Hearing on AP 07- 008. Zaremba: Second. • Meridian City Council October 23, 2007 Page 98 of 104 De Weerd: I have a motion and a second to close the Public Hearing. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I don't want to be here until 2:00 or 3:00. I thought we got rid of that when I was younger. I move we approve AP 07-008, request for appeal of the planning and zoning decision for Anytime Fitness. And to allow their hours to be from 4:00 a.m. to 12:00 midnight. De Weerd: Do I have a second? Rountree: I'll second it for discussion. De Weerd: Discussion. Zaremba: Madam Mayor, I do have some discussion. I appreciate the value of this kind of business. Located in the right place I think it would be an excellent business. It would be a good addition to Meridian. It would be a good addition to some neighborhoods. As I stated before, I think that proper location is either over closer to Eagle Road in a different zone or as an afterthought realize that there is a neighborhood center about a half a mile to the west of this where I think it would be a logical place for this to locate. I felt that the Planning and Zoning Commission was generous in the hours that they suggested. The typical L-O restriction has been like 7:00 a.m. to 10:00 p.m. The difficulty I have is chipping away at the purpose of the L-O zone and I -- while I like the idea of this business, I don't feel the L-O zone is the right place for it. And opening the door to expanded hours in L-O zones is something that I believe we will regret farther down the road. It's one of the last remaining things where we have things that are safe next to residential and by safe I mean that they are not disturbing 24 hours a day and no activity and I -- you know, while I'd like to see this business be somewhere, I'm not in favor of having it in an L-O zone period. De Weerd: Thank you. Bird: Mayor? De Weerd: Mr. Bird. Meridian City Council October 23, 2007 Page 99 of 104 Bird: I'll give a little rebuttal on that. I think that the location of it -- I don't think it hurts the L-O zone. I don't think we are setting a precedent in the deal. That is probably -- and Idon't consider somebody across a busy road like Mr. Sweet is as a -- somebody that's going to bother. He's going to get enough road noise that he wouldn't even hear it if the gym was going. And, actually, you look from how far away they are from the houses and stuff there, they are quite a bit away -- farther away. In fact, our park -- and realize that we don't go from 4:00 to midnight at the park, but also we do have activities and stuff going over there, it's closer to the residents than that is. I think that for this little comer out here, I think it's very good and I -- I don't think it's bothering the neighbors when you only have -- we had one person testify and we had -- we had a Mr. Barber and a -- and a Mrs. Brown or something like that, were the only ones that -- out of all those people that testified against it, I think it fits in there very good. With all the security cameras and stuff, you know, I questioned whether you wouldn't want to have somebody on staff all the time, but I guess they -- this franchise has been successful by not being that and I'm not one to argue with that. So, I fully support this in this location. If it was sitting back where that other lot is, back next to the subdivision, I might have different thoughts. But where it's sitting out there by itself, I -- on the comer, Idon't -- and the buildings, if they are going to build at the same -- those two buildings they have got in along Meridian Road are very nice, attractive, and fit -- fit with that atmosphere and so I'm a hundred percent for it. Rountree: Well, it is tomorrow, so -- I don't have any issues with the location and the zoning. I think it's starting to get the nose under the tent in terms of what is or isn't office, but I'm still struggling with if we do it here what's the next request in terms of timing. I can't -- I guess the thing that's swaying me is that I do use fitness facilities, so that kind of makes me think that this is -- that's the way I ought to vote. Would very much like to condition any vote or any motion on this that if there are issues with the hours of operation, that it be set back to what we normally would allow in an office area. I'd really like to make it a requirement that Mr. Evans and the operator of the facility would be here on the next application we get with a room full of people saying we don't want 5:00 to 11:00 operation in a limited office facility or a limited office -- or limited office classification, and have them understand the pain and angst we go through, one, when we do set precedent and, then, we have to figure out a way of saying, well, it was okay here, but it's not okay there. And I really struggle with this. It's a simple application, it's a good business, I'm probably going to -- I'm probably going to go soft on this at this point, but I'm going to call the question. Nary: You don't have a motion. De Weerd: We don't have a motion. Rountree: Oh, I thought we had a motion. • i Meridian City Council October 23, 2007 Page 100 of 104 Bird: Yes, we do. I made a motion to approve it. Rountree: I seconded it. Bird: Charlie seconded it. Nary: Madam Mayor? De Weerd: Sorry. Yes. Nary: Madam Mayor, Members of the Council, since staff is going to be the one having to ultimately deal with the enforcement of these hours and as such -- and maybe Mrs. Canning can correct me if I'm wrong -- the precedent that you're talking about for this facility is probably not as significant as the precedent you're setting in the L-O zones, because staff, then, like Mrs. Canning's office, that has to deal with the next applicant, this business is successful, it moves to another location, someone else wants to locate in that business park, staff has to be able to distinguish this use versus other uses that want to operate under the same hours. So, any guidance you can give -- if they want to do this, then, that would be helpful for staff, because I think as Councilmember Zaremba raised, that's the issue. It isn't this business, it's the location of this and this use, as well as other uses that may want to locate either in this park or your other office facilities and trying to distinguish what those are. Why would this be unique? If you have some information that would be helpful, because it's very difficult from the staffs standpoint to be able to try to administer that on every individual application. Canning: Madam Mayor, Members of the Council, it's fairly routine with every request for annexation in an L-O zone for you to put time limits on it. It's so common that sometimes we think it's actually a code requirement and one of the ways to get around the issue that you're talking about is to perhaps consider an actual code amendment that puts time restrictions on it, but, then, I think you will be having -- I don't know whether you can really have a variance to a time request. So, you would be stuck with it. It would be an awfully hard and fast limitation within that zone. But that's the only thing I can think of to perhaps address some of the concerns I have heard from Council tonight. De Weerd: Well, I would want to open up the time that this allows -- I mean it's acase- by-case basis. This is not anything typical and -- that time element would concern me with other type -- Rountree: Madam Mayor, I called for question, but I'd withdraw that call to make my final comment here. To respond to Mr. Nary in terms of guidance -- and I guess my position on this in terms of being in a limited office area is the relatively low volume of i i Meridian City Council October 23, 2007 Page 101 of 104 use that it's going to have at any one point in time. It probably isn't going to be much more than a two or a three or a four person dental operation, from the information that I have seen and read about this particular operation. So, that would be what I would use in terms of guidance and the office areas, how much clientele at any one point in time. I don't know if you need guidance or not. Berg: We need to find our way home. Canning: I need to go to sleep. De Weerd: That's a discussion for a later date and, Anna, maybe you can bring that up as -- as we look at the different elements of the code and appropriate uses and times and all of that. Mark that in your memory as well, Mr. Rountree. Rountree: Thank you. De Weerd: Okay. Bird: Call for the question now. De Weerd: Will, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, nay; Borton, absent. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. De Weerd: Item 19 is a Public Hearing for SSC commercial rate charge. Rountree: Anna's over there going what. Canning: I'm song, I don't know what the motion was. Was it -- Bird: The motion was to approve it. De Weerd: To approve from 12:00 -- Nary: 4:00 to 12:00. Rountree: 4:00 to 12:00 CUP. Canning: 4:00 to 12:00. Rountree: Yeah. ~ ~ Meridian City Council October 23, 2007 Page 102 of 104 Berg: 4:00 a.m. to 12:00 midnight. Item 19: Public Hearing: SSC Commercial Rate Chanae: De Weerd: Good night. Thank you for hanging in there so long. We have a Public Hearing on Item 19. I have opened this Public Hearing and would ask the tolerant Steve Sedlacek to address Council and keep it short. Sedlacek: Thank you, Madam Mayor. This will be short. My name is Steve Sedlacek, representing Sanitary Services, 2130 West Franklin in Meridian. What we are asking for -- or the Public Hearing tonight's about simply instituting a rate structure for voluntary commercial and school recycling. This has been brought forward to the SWAC in the past, as well as to pre-Council. We -- this is simply adding another service that we can offer to businesses and schools, allows them to segregate commingled recycling, reduce their trash bill. There is a rate structure associated with the -- with this collection. It's much lower than a normal solid waste collection, so, hopefully, businesses that can take advantage of this will. Currently we have this in 22 schools, so we do hope you pass this rate structure tonight, otherwise, it's going to be a voluntary thing, at least for a short time. And that's shortly all I have to tell you. I don't have the rate structure -- well, we have given it to you in the past. It was published. I don't think you want me to go through it, so -- De Weerd: And I'll tell you what, those schools are excited. Sedlacek: Thank you. I'll stand for any questions. Bird: I have none. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we close the Public Hearing on Item 19. Bird: I second. Zaremba: Second. De Weerd: All those in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. • Meridian City Council October 23, 2007 Page 103 of 104 Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we approve the commercial rate structure as proposed in Item 19 for SSC. Zaremba: Second. Bird: Second. De Weerd: I have a motion and a second. Mr. Berg, will you, please, call roll. Berg: Thank you, Madam Mayor, Members. Just a comment that we will have a resolution prepared for the next regularly scheduled meeting for approval. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 20: Executive Session per Idaho State Code 67-2345(1)(a) - (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office): De Weerd: Council, I know that we have one last -- and we will just put that over to the next agenda. Nary: I could probably discuss it with Councilman Zaremba and we can just talk -- just update you at the next meeting, so that will be fine. De Weerd: Well, Iwould -- Rountree: Move to adjourn. De Weerd: Thank you. Do I have a second? Bird: Oh, I second it. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council October 23, 2007 Page 104 of 104 MEETING ADJOURNED AT 12:26 A.M. (TAPE ON FILE OF THESE PROCEEDINGS) ~`ttttuutlfu~oJj . , ~~ MAYOR Y De WEERD °°°°° ~~ - ° ' ~'®~ e ATT~' ILLS sue'/ ~,g Q' a\ //~~llfll+l9 O1t111t~~~` .7 ~~~ !/~ /~ DATE APPROVED G. BERG, CITY CLERK C~ October 19, 217 MERIDIAN CITY COUNCIL MEETING OGtOber 23, 2~7 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of October 9, 2007 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: ~~ U'~ OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials pr®sented at public meeHrtgs shau become properly of ~e City of Meridian. • • October 19, 2007 MERIDIAN CITY COUNCIL MEETING OCtOber 23, 2007 APPLICANT ITEM NO. S-B REQUEST Resolution - MDC Proposed Fees in Lieu of Parking Policy: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ~ ~(~ CITY PARKS DEPT: ~/ MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANCfARY 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 meeflngs shall become properly of the City of Meridian. CITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO. ~ ~' ~~ BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, H)AHO, ADOPTING THE MERIDIAN DEVELOPMENT CORPORATION'S PROPOSED FEES IN LIEU OF PARKING POLICY. WHEREAS, the Meridian Development Corporation has developed a policy for Fees in Lieu of Parking, which outlines the desired goals of providing an additional option that may help Downtown developments solve site parking issues; encouraging shared parking through use of a common parking lot or structure; improving urban design by reducing on-site parking, by increasing the continuity of storefronts and by locating parking where it minimizes traffic and pedestrian disruptions; limiting the number of requests for reduced parking requirements; and preserving historic places through adaptive re-use rather than demolition to create all required parking on-site; and; WHEREAS, these same goals are expressed in the Downtown Design Guidelines addendum to the City of Meridian Comprehensive Plan; and WHEREAS, the Meridian Development Corporation has requested that the City of Meridian assist in the implementation of such Fees in Lieu of Parking; and WHEREAS, Section 11-3C-6 of the Unified Development Code (UDC) lists the required number of parking spaces by use; and WHEREAS, Section 11-SB-SB of the UDC allows for alternative compliance to the provisions listed in Section 11-3C-6 where the proposed design includes innovative design features based on "new urbanism," "neotraditional design," or other site designs that promote walkable and mixed use neighborhoods; and WHEREAS, the City desires to adopt a policy with regard to payment of in-lieu fees that does not require additional staff to implement and monitor over time; NOW, THEREFORE BE IT RESOLVED by The Mayor and City Council of the City of Meridian, that the City of Meridian adopts the following policy with regard to the Planning Director's approval of alternative compliance for required parking spaces within the Old Town District: 1. Per UDC 11-3C-6, the required number of parking spaces is based on the gross floor area. In determining the number of required parking spaces within the Old Town District, the Planning Director shall subtract the square footage of structure that will be saved, remodeled, and/or restored. This policy shall apply to any RESOLUTION-FEES IN LIEU OF PARKING FOR THE OLD TOWN DISTRICT Page 1 of 2 i ~ development within the Old Town District seeking alternative compliance, regardless of whether or not the applicant seeks to pay fees in-lieu of the required parking. (Planning staff shall initiate a UDC text amendment to formalize this standard such that alternative compliance is not required.) 2. All applicants seeking to pay fees in-lieu of providing the required parking must submit an alternative compliance application to the Planning Department concurrent with a Certificate of Zoning Compliance (CZC) for the proposed site and/or building improvements. 3. All proposed projects must provide the required number of parking spaces through a combination of on-site parking and in-lieu fees. 4. Prior to issuance of the CZC, the application must include documentation from the MDC Administrator that states the number of parking spaces purchased through in-lieu fees and the required payment amount. 5. Planning staff will collect will collect the fee and provide a receipt to the applicant. 6. Accounting staff will deposit the monies into the Meridian Development Corporation Restricted Parking Fund to be spent pursuant to the adopted Fee-In Lieu of Parking Policy, and as provided by the agreement with the applican2t. ADOPTED by the City Council of the City of Meridian, Idaho, this ~d r day of ®~ ~~ , 2007. APPROVED by the Mayor of the City of Meridian, Idaho, this 7i~ r~day of ~~i~ ~i' , 2007. APPROVED: ATTEST: By: William G. Berg, Jr., ~~q~e~~„iri~PSarr ~'~~~% r ®a. ~i E d q `o `~~i, ~~ ® e~ S~ o~~ ® Y„~ f r,.~N e'. ' L~ ~y ~~ :~ ~n~ e s . r ~~~~ ~d jJ~~b '~ de Weerd RESOLUTION-FEES IN LIEU OF PARKING FOR THE OLD TOWN DISTRICT Page 2 of 2 • October 19, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Resolution - AAotorcyle Surplus: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: ~ / CITY WATER DEPT: CITY SEWER DEPT: ~ ~ CITY PARKS DEPT: O 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 meeflngs shall become properly of the City of Meridian. i October 23, 2007 ITEM NO. 5-C CITY OF MERIDIAN RESOLUTION NO. ~ ~ ' ~~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY; AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO DONATE SURPLUS EQUIPMENT TO THE CANYON COUNTY SHERIFF'S DEPARTMENT. WHEREAS, it is in the best interest of the City of Meridian to declare certain equipment listed herein below as surplus property, as these particular items are no longer needed or used by the City of Meridian; WHEREAS, the City of Meridian's purchasing policy and Idaho Code section 50-301 allows surplus City property to be transferred to another local government when the value of the property in question is of nominal value, that is, valued at less than the cost of disposing of the property; WHEREAS, the cost of maintaining the surplus equipment listed herein below until it were sold, if it could be sold, exceeds its value to the City of Meridian and would result in the unnecessary expenditure of City funds; WHEREAS, the surplus equipment listed herein below was acquired nearly ten years ago and has a useful life of approximately ten years; WHEREAS, the surplus equipment listed herein below is being retired by the City of Meridian Police Department following an equipment upgrade at the Police Department; and WHEREAS, the City of Meridian desires to donate the surplus equipment listed herein below to the Canyon County Sheriff's Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, as follows: Section 1. The Mayor and City Council hereby authorize and declare that the equipment listed herein below is surplus property: a. 1997 Kawasaki Motorcycle, model KZ1000 Police, VIN - JKAKZCP21 VB515425, acquired September, 1997 b. 1997 Kawasaki Motorcycle, model KZ1000 Police, VIN - JKAKZCP22VB515420, acquired September, 1997 RESOLUTION AUTHORIZING DONATION OF SURPLUS EQUIPMENT TO CANYON COUNTY SHERIFF' S DEPARTMENT Page 1 of 2 L~ Section 2. The Mayor and City Council hereby authorize the conveyance of the surplus equipment listed hereinabove, for no monetary consideration, to the Canyon County Sheriff's Department. r~ ADOPTED by the City Council of the City of Meridian, Idaho, this ~ ~ day of OG~ ~ P/t- , 2007. r-~ APPROVED by the Mayor of the City of Meridian, Idaho, this 2 3 day of ®~ ~~- , 2007. APPROVED: !!'!' Q °®q~~`,a,~gYo4~,T de Weerd ATTEST: °°° ~~ ~`~ ~~~;, ~ ~ m a° ~~ `` v° ~J~ ~ to ~~::f ~'d~i,:'~~~e,'''~,~t`~' d; ~~ ~'~ BY• ~-~~ (- F,~ ~~.t. 1 William G. Berg, Jr., City erk = ~~e ~~° 9 ~~ ;' °`~°jerrrr~r^raaii^~,, t, . RESOLUTION AUTHORIZING DONATION OF SURPLUS EQUIPMENT TO CANYON COUNTY SHERIFF'S DEPARTMENT Page 2 of 2 ~J • October 19, 2007 MERIDIAN CITY COUNCIL MEETING October 23, 2007 APPLICANT ITEM NO. S-D REQUEST Resolution No. n1~rJ~J :Destruction of Fnance Documents 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: Phone: Emailed: Staff Initials• COMMENTS See attached 5 b~' ~.s Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN RESOLUTION NO. • ~0 J~~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN RECORDS /DOCUMENTS WHICH MAY BE DEFINED IN IDAHO STATE CODE A5 TEMPORARY RECORDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to Idaho State Code § 50-907 by resolution to destroy semipermanent and temporary records upon the advise of the City Attorney and with such disposition to be under the direction and supervision of the City Clerk; and WHEREAS, the City Clerk has identified certain records that may be destroyed pursuant to the Idaho State Code 50-907(4) because time period for retention has expired; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. They hereby authorize, under the direction and supervision of the City Clerk, the destruction of the following temporary records defined by Idaho State Code 50-907(3)(b): FINANCE DEPARTMENT Finance Year Description Cancelled FY1980- checks 2001 cancelled checks processed through the banks Bank Statements FY2002 Original bank statements and the Finance reconciliation reports Check FY2000- General checking check register (this year is still in current register 2001 , database) Cash Receipts FY2002 Handwritten cash receipts, check stubs, backup documentation Receipt FY1991- Cash Receipt Journals, summaries, receipt copy, check stubs and Journal 1997 documentation FY1992- Receipts 1996 Impact Fee Certificates -forms typed up for each fee collected Journal FY2001- Entries 2002 Journal Entry reports and backup documentation Expenditure Reports FY2000 Expenditure Reports for departments RESOLUTION -DESTRUCTION OF TEMPORARY RECORDS Pagel of 3 FINANCE DEPARTMENT FY1991- AP Register 1992 AP Register (sub ledger) detailing AP voucher account code detail AP Vouchers FY2002 Invoices or warrants, purchase orders, packing slips, check stubs Grant dots FY1993 Federal Drug Grant documents Grant docs FY1993 GEM Community Grant documents Latecomer FY1997 Latecomer detail for expired reimbursement agreements MUBS receipts FY2002 Terminated account title company check stubs Sales Summary FY1993 Credit Memo Sales Summary -old MUBS record Billing Register FY1992 Utility Billing Report -old MUBS record Impact Ledgers FY1992 ACHD Hand written impact fee ledgers Payroll Payroll Cabinets FY1998- Timecards 2001 Terminated employee timecards Terminated Payroll terminated employee files -includes: W4,PAR forms, Files FY2000 timesheets FY1995- AP Vouchers 1996 Payroll Blue Cross invoices Payroll FY1981- Registers 1997 Payroll register -detail of earnings, taxes and deductions Vacation FY1981- Records 1987 Payroll vacation detail and old hire sheets Inspector FY1992- sheets 1993 Payroll records for inspectors sheets Check FY1974- register 1999 Payroll check registers Investment FY1997- records 1998 Investment documents such as old CD's and interest statements FY1997- 941 reports 1999 IRS 941 Payroll tax payment reports ACH FY1999- submittals 2000 Bank confirmations of automatic deposits of employee paychecks Payroll FY1951- Old hand written payroll ledger -individual earnings and Ledger 1973 deductions FY1974- W2s 1986 Payroll W2s copies -originals sent into IRS Sick Pool FY2000 Sick Leave Pool records -the pool was discontinued around 2000 A copy of this Resolution shall be held on file in the Office of the City Clerk. SECTION 2. EFFECTIVE DATE: This Resolution shall be in full force and effect immediately upon its adoption and approval. RESOLUTION -DESTRUCTION OF TEMPORARY RECORDS Paget of 3 FINANCE DEPARTMENT ADOPTED by the City Council of the City of Meridian, Idaho, this Z 3 day of ®G~ ~ ~`-' , 2007. APPROVED by the Mayor of the City of Meridian, Idaho, this 23~day of G ~ ~ ~- , 2007. APPROVED: ray ~~ ~`~~" ; ~. =~ ~'°'AP~Vlayor T de Weerd ` ~ :~ ATTEST: ~~ ~.~,'~~'~ ;~ c~ ~'°° ~, ~ ®'~ ' i~~ e ~~~ William G. Berg, Jr., City er~~ -~ y ~~ ~ ~ ~ ~-~ °~'~,~ ~',•s,! fat f~,'~ :~ m'~ ~ ~°~ ~, . •`'. ~~ ~ h~~, ~PfAI"7Pid9iE+j~y. RESOLUTION -DESTRUCTION OF TEMPORARY RECORDS Page3 of 3 FINANCE DEPARTMENT ~ i October 19, 2007 MERIDIAN CITY COUNCIL MEETING October 23, 2007 APPLICANT ITEM NO. S-E REQUEST Resolution -Declaration of Surplus Property to Donate Computer Equipment to the Meridian Boys 8~ Gir1s Club 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 b D'I ~y~ ~' ~~ Contacted: Date: Phone: _ Emailed: Staff Initials• Materials presented at public meetings shall become property of the Ctiy of Mertdian. CITY OF MERIDL~N BY THE CITY COUNCIL: RESOLUTION NO. ~ ?~ ~~ BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY AND AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO DONATE COMPUTER EQUIPMENT TO THE MERIDIAN BOYS & GIRLS CLUB. WHEREAS, it is in the best interest of the City of Meridian to declare that certain computer equipment listed in "Exhibit A" hereto is surplus property, as these particular items are no longer needed or used by the City of Meridian. WHEREAS, the City of Meridian's purchasing policy allows surplus City property to be donated to charitable organizations when the value of the property in question is of nominal value, that is, valued at less than the cost of disposing of the property. WHEREAS, the cost of maintaining the computer equipment listed herein below until it were sold, if it could be sold, exceeds its value to the City of Meridian and would result in the unnecessary expenditure of City funds. WHEREAS, the City of Meridian desires to donate the computer equipment listed herein below to the Meridian Boys & Girls Club, anon-profit charitable organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, the stated mission of which is to inspire and enable young people, especially those from disadvantaged circumstances, to realize their full potential as productive, responsible and caring citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: Section 1. That the Mayor and City Council hereby authorize and declare that the computer equipment listed in "Exhibit A" hereto is surplus property. RESOLUTION AUTHORIZING DONATION OF SURPLUS COMPUTER EQUIPMENT TO MERIDIAN BOYS & GIRLS CLUB Page 1 of 2 • Section 2. That the Mayor and City Council hereby authorize the conveyance of the computer equipment listed hereinabove, for no monetary consideration, to the Meridian Boys & Girls Club. ADOPTED by the City Council of the City of Meridian, Idaho, this ~ 3 r day of ®~ ~'~" , 2007. APPROVED by the Mayor of the City of Meridian, Idaho, this 2 3 r~day of ~~ ~ ~ , 2007. APPROVED: °°°4y4444 0' ATTEST: ~ ,, ~~~, ~~. = ,,, William G. Berg, Jr., City ~ ~ , `~ :~ ~~" ~'~ ~~ ~r ~,_" 9//Ilfyl~i ;?„~El.. RESOLUTION AUTHORIZING DONATION OF SURPLUS COMPUTER EQUIPMENT TO MERIDIAN BOYS & GIRLS CLUB Page 2 of 2 EI~IIBIT A Sur lus Computer Equipment Asset # Type Location Model CPU CPU Clock Serial # 47 COMPUTER BASEMENT MPC MILLENNIA P2 350 1614239-0001 117 COMPUTER BASEMENT RJM COMPUTER U UNKNOWN UNKNOWN 192 COMPUTER BASEMENT MPC LAPTOP P2 UNKNOWN UNKNOWN 412 PRINTER BASEMENT OKIDATA PACEMARK 3410 N/A N/A N/A 465 SERVER BASEMENT COMPAQ PROLIANT 800 U UNKNOWN D926CSG1A106 480 COMPUTER BASEMENT COMPAQ PRESARIO AXP 900 9118DTY2L957 493 COMPUTER BASEMENT MPC CLIENTPRO 325 P4 2000 3327208-0001 903 SERVER BASEMENT COMPAQ PROLIANT 800 U UNKNOWN D922CBK10396 1056 PRINTER BASEMENT HP DESKJET 720C N/A N/A N/A 1176 PRINTER BASEMENT HP DESKJET 820CSE N/A N/A N/A 1309 COMPUTER BASEMENT GATEWAY P3 UNKNOWN 0028714514 1343 SERVER BASEMENT COMPAQ PROLIANT DL320 P3 1200 6J19JMM2DOOY 1553 COMPUTER BASEMENT MPC CLIENTPRO P2 400 1783269-0001 1590 COMPUTER BASEMENT COMPAQ EVO P4 UNKNOWN UNKNOWN 2148 COMPUTER BASEMENT MPC CLIENTPRO P2 400 1684563-0001 2910 COMPUTER BASEMENT MCC DESKTOP COMPUTER P2 UNKNOWN UNKNOWN 2950 PRINTER BASEMENT HP DESKJET 1220C N/A N/A N/A 3020 PRINTER BASEMENT HP DESKJET 500 N/A N/A N/A 3205 PRINTER BASEMENT HP DESKJET 612C N/A N/A N/A 3303 COMPUTER BASEMENT COMPAQ PRESARIO AXP 900 3D09FPN7C3RA 3304 COMPUTER BASEMENT COMPAQ PRESARIO AXP 900 3D09FPN7JOOA 3549 PRINTER BASEMENT HP DESKJET 722C N/A N/A N/A 3722 COMPUTER BASEMENT COMPAQ PRESARIO P3 UNKNOWN UNKNOWN 3787 COMPUTER BASEMENT COMPAQ PRESARIO AXP 900 9139FXRZ0032 4069 UPS BASEMENT LIEBERT UPSTATION GX N/A N/A N/A 4097 UPS BASEMENT APC BACKUPS 200 N/A N/A N/A 4098 PRINTER BASEMENT HP LASERJET 6P N/A N/A N/A 4100 UPS BASEMENT APC BACKUPS 200 N/A N/A N/A 4123 COMPUTER BASEMENT TOSHIBA SATELLITE NOTEBOOK P1 UNKNOWN UNKNOWN 4155 COMPUTER BASEMENT MPC CLIENTPRO P3 UNKNOWN 1980398-0001 4523 COMPUTER BASEMENT HP PAVILLION P3 UNKNOWN US12052964 4894 UPS BASEMENT APC SMART-UPS 420 N/A N/A N/A 4925 UPS BASEMENT APC SMART-UPS 700 N/A N/A N/A NONE FAX BASEMENT PITNEYBOWES 9720 N/A N/A N/A NONE MONITORS BASEMENT 4 LCD MONITORS N/A N/A N/A NONE MONITORS BASEMENT 6 CRT MONITORS N/A N/A N/A NONE PRINTER BASEMENT HP DESKJET 5650 N/A N/A N/A NONE PRINTER BASEMENT HP DESKJET 895CSE N/A N/A N/A NONE PRINTER BASEMENT HP DESKJET 952C N/A N/A N/A SURPLUS COMPUTER EQUIPMENT TO MERIDIAN BOYS & GIRLS CLUB Page 1 of 2 NOTES: LCD MONITORS ARE NON-FUNCTIONAL. RECOMMEND DESTRUCTION. CPU FIELD: U=UNKNOWN, Pn=PENTIUM n, AXP=ATHLON XP SURPLUS COMI'UTER EQUIPMENT TO MERIDIAN BOYS & GIRLS CLUB Page 2 of 2 October 19, 2007 MERIDIAN CITY COUNCIL MEETING October 23, 2007 • VAC 07-012 APPLICANT Timberline Surveying, PLLC ITEM NO. S-F REQUEST Resolution No. :VAC 07-012 Request for a Vacation of the public utility, drainage and irrigation Basemen#s for Montvue Park Subdivision for Gardner Ahlquist Gateway -southeast comer of E. Franklin Road and N. Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: Q~~ CITY PARKS DEPT: v MERIDIAN SCHOOL DISTRICT: D ~/ 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: ~' ~{'l.(~'J(}~, ~ Date:"l d U Phone: X C~~ ~~ ~ Emailed: ~~,~\ ~-~j~(g~(~, /~Q~S OF Q c.~ . ~ O,r,~ Staff Initials: Materials presented at public maetht~ shall become properly of the City of Meridian. AQA COUNTY RECORDER J. DA VARRO AMOUNT .00 ; • BOISE IDAH011I15/O7 01:31 P II DEPUTY Usa Irby ~~~ ~~~~~~~~~~I~I~I~O~~~I~~~~~~~~ ~~ ~~~ RECORDEQ-REQUEST OF 1 X71 ~~# i ~~ Meridian City CITY OF MERIDL~N RESOLUTION NO. ©7'- ~8 7 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION VACATING THE PUBLIC UTILITY, DRAINAGE AND IRRIGATION EASEMENTS LOCATED IN THE MONTVUE PARK SUBDIVISION EXCEPTING THOSE LOTS UNDER CURRENT OWNERSHIP OF ACHD (LOTS 6-7, BLOCK 1), ITD (PORTIONS OF LOT 1, BLOCK 2, AND LOTS 7-8, BLOCK 5), AND MED PROP, LLC (LOT 2, BLOCK 5, AND PORTION OF LOT 3, BLOCK 5), LOCATED IN THE NW 1/ NW 1/ OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 16, 2007 the City Council of the City of Meridian, held a hearing on the vacation of the public utility, drainage and irrigation easements located in Montvue Park Subdivision excepting those lots under current ownership of ACHD (Lots 6-7, Block 1), ITD (Portions of Lot 1, Block 2, and Lots 7-8, Block 5), and Med Prop, LLC (Lot 2, Block 5, and Portion of Lot 3, Block 5), located in the NW 1/ NW 1/ of Section 16, Township 3 North, Range 1 East, City of Meridian, Ada County, State of Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the vacation of the public utility, drainage and irrigation easements located in Montvue Park Subdivision excepting those lots under current ownership of ACHD (Lots 6-7, Block 1), ITD (Portions of Lot 1, Block 2, and Lots 7-8, Block 5), and Med Prop, LLC (Lot 2, Block 5, and Portion of Lot 3, Block 5), located in the NW '/ NW '/ of Section 16, Township 3 North, Range 1 East, City of Meridian, Ada VACATION OF PUBLIC UTILITY, DRAINAGE AND IRRIGATION EASEMENTS FOR MONTVLTE PARK SUBDIVISION (GARDNER AHLQUIST GATEWAY) -VAC 07-012 Page 1 of 2 ~ i County, State of Idaho, is hereby vacated. Copies of the necessary relinquishments are attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDL~I~T, IDAHO, this 2 3 day of ~ ~ ~~-- , 2007. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2 ~ ~ day of ~ ~/~~'t- 2007. \e`~~~n~~UiiU~ ~~~~ \~ O~ s ° MY DE WEERD ATTEST: \\~,o ~.~ ~`~ ®°°°/ e `u~ - WILLIAM G. BER , JR., CITY RK ~~' = 9 ~ STATE OF IDAHO) °~°,'~~`0°0~raien o~t~oN~~~`\\~`~a SS County of Ada rte On this °?3 day of ~~~~-~ , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the d~Ya~y~ar first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: C'Cll , ~ ~ MY COMMISSION EXPIRES: 0- [-I/ VACATION OF PU~1+r!~'t?~TTY, DRAINAGE AND IRRIGATION EASEMENTS FOR MONTVLTE PARK SUBDMSION (GARDNER AHLQUIST GATEWAI~ -VAC 07-012 Page 2 of 2 C~ Exhibit A -Description and Exhibit Map Depicting Easements Proposed to be Vacated All utility, drainage, and irrigation easements for Montvue Park Subdivision excepting those lots under current ownership of ACRD (Lots 6 - 7, Block 1), ITD (Portions of Lot 1, Block 2, and Lots 7 - 8, Block 5), and Med Prop, LLC (Lot 2, Block 5, and Portion of Lot 3, Block 5) ~~ =Utility Easements ~ =Drainage !Irrigation Easement Boundary B 0 S0: CDa ~ i8Alf1®dN !@. 5~16`d2~ - 10t6.t5 1- BB~S CRP _ _ ,...._ _ _ ~.: ~__-_.~- B~`10 ... _ _._..._ ~___=_ i ^ "-1 P~15~ ~B' UND 9/8° REBAAR 1 `4 ~ ~ IS 4948 ~ ~,.~ ,~.~. ® Q ~ ~ ~ i i ~. .- 0 i ' ® - Q ,! 4 j ~ I ~ i [k~~ I ~~ ~~ ti ~!r. , /~ O D ~(f~ REH4R ~ I ® ~t `sue ~ ~ ~ ~ i i I ~ •~` I I ~ I i ~ 2 i ~~~ '" ' i ~\' ~ ~~ L® ~..~. I I j ~ I ~~~ ~~ # ~ ~ ~' /2 REBI~t I ~ I I I ~~ II i t I I ~DGK , I I i I ,~ I I ~, --~ I O ~ :~ I~I OO ~ I P ~ .I - F x I t \ a emmYUa oRtvs R E ~ i t ~- - ~-- -- ~ O p i 5 ~ ~.oac s 0 ~'gu ~ i j ~ ~ I I r - ~ o _ ~~~~`. _.. _.._.._.._.._.__.. arw~~ar • • October 19, 2007 MERIDIAN CITY COUNCIL MEETING October 23, 2007 APPLICANT ITEM NO. 5-G REQUEST Approve Pipeline Crossing Agreement with Union Pacific Railroad Company for a 10-inch water main crossing the railroad tracks at RR Mile Post 456.33 for the amount of $4.800.00 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: OTHER: Contacted: Emailed: COMMENTS Sew attached Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of the City of Meridian. Form Approved, AVP-Law Folder No. 02466-07 07/25/06 PIPELINE CROSSING AGREEMENT -- - ~ - Mile Post: 46.33; Boise Subdivision/Branch - Location: Meridian, Ada County, Idaho TffiS AGREEMENT ("Agreement") is made and entered into as of September 19, 2007, ("Effective Date") by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, ("Licensor") and CITY OF MERIDIAN, an Idaho municipal corporation to be addressed at 660 East Watertower Street, Suite 200, Meridian, Idaho 83642 ("Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article 1. LICENSE FEE. Upon execution of this Agreement, the Licensee shall pay to the Licensor aone-time License Fee of Four Thousand Eight Hundred Dollars ($4,800.00). Article 2. LICENSOR GRANTS RIGHT. In .consideration of the license fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and' performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate one 10 inch pipeline for transporting and conveying water across Licensoe's track(s) and property (the "Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the print dated September 13, 2007 and marked Exhibit A, attached hereto and hereby made a part hereof. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than transporting and conveying water, and the Pipeline shall not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is c~utrently technologically possible, or whether such use may come into existence during the life of this Agreement. Article 3. CONSTRUCTION, MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, attached hereto and hereby made a part hereof. Article 4. ]F WORK IS TO BE PERFORMED BY CONTRACTOR. ---~ a~ontrautor-i~hired-by the-Licensee to-downy of filiewor~e performed-on~he Pipeline (inelnding- initial construction and subsequent relocation or maintenance and repair work), then the Licensee shall require its contractor to execute the Licensor's current form of Contractor's Right of Entry Agreement. Licensee acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and an understanding of its terms, provisions, and requirements, and will inform its contractor of the need to execute the agreement. Under no circumstances will Licensee's contractor be allowed onto Licensor's property without first executing the Contractor's Right of Entry Agreement and the contractor providing to the Licensor the insurance binders, certificates and endorsements described in the Contractor's Right of Entry Agreement. Article 5. INSURANCE. A. Before commencement of the term of this Agreement and prior to any Pipeline construction, the Licensee, at its sole expense, shall provide to the Licensor the insurance binders, certificates and endorsements described in Exhibit C, attached hereto and hereby made a part hereof. The Licensee or it's contractor, whichever entity will be performing the Pipeline construction, will need to procure a Railroad Protective Liability Insurance policy for the duration of such world as described in Exhibit C. B. Not more frequently than once every two years, Licensor may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. C. All insurance correspondence shall be directed to: Jon E. Devish Folder No. 02466-07 Union Pacific Railroad Company Real Estate Department 1400 Douglas Street STOP 1690 Omaha, NE 68179-1690 D. If the Licensee is a public entity subject to any applicable statutory tort laws, the limits of insurance described in Exhibit C shall be the limits the Licensee then has in effect or which is required by applicable current or subsequent law, whichever is greater, a portion of which may be self-insured with the consent and approval of Licensor. Article 6. TERM. This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as herein provided. --- ~ - IN WITNESS WHEREOF, the parties hereto have caused this Agreement .to be executed as of the date first herein written. UNION PACIFIC RAILROAD COMPANY CITY OF MERIDIAN By: By: ~'~~ Manager -Contracts Title: a ~`, ii~r r,r,,~adf~ ~< ~ °`r °~F ~~ lv-2 3~- 7 - - - --- _ - a ~~ r~~~. ~, ,~ ,~ `~+`l. ~~°~srrrr~7 ~~~aa~~~~~`~ PLACE ARROW INDICATING NORTH DIRECTION RELATIVE TO CROSSING ~~~ ~~ _ Jj FORM DR-0404-B `Q~ ~..~ ~PT~/ ~ REV. 5- 15- 98 ~o `~ vVww.uprr.com NO SCALE '7 ~ FT. FT.- (SEE NOTE 3 B 5) NOTE: ALL AVAILABLE DIMENSIONS MUST BE FILLED IN TO PROCESS THIS APPLICATION. p® __ .~/AFT. (7 FT. 3 8 5) " /id~ FT. 60 " a ~ J °~ pp~~j , j (NEAREST R. R. TOWN1 ~v, N aj s L MAIN TRACK ~_ h ~~ ~ ~ T E ~ ~ ~22~ ~ 2~ 2~ v G4 (DESCRIBE FIXED OBJ C (SEE NOTE 6) n a i y VO~J~2~~ (DISTANCE ALONG TRACK FRO SECTION LINE CROSSING! ice? o Q•+,~ ~~ F T y ~' ~ ~ ~~y~~ . (NOTE: THIS DIMENSION REQUIRED IN ALL CASES. AT LOCATIONS NOT USING SECTIONS, DISTANCE TO A LEGAL SURVEY LINE IS REQUIRED) ~FT. `~- ~ F T. MIN. DIST ~I (See Note 2) I ROADBI ..r NG ~Z'FT. (4.5 FT MIN.) (20 FT. MAX. ) .IJ~ CASING P SEE NDTE 5 b V FT. RR' S RAW TO ~ ~JS~ ( NEAREST R. R. TOWNI /UO FT. SIAiFAC SUBGRADE ~FT. SEAL CASING 'F~($ee Note 4) (3 FTy MI`L) t - -- I .~ z D is Fr.- ~ II d 5 Fi. FT. --+ L~~ I~ FT. I I Q ~FT. Z vZ"~FT. NOTES : (CASING LENGTH WHEN MEASURED ALONG PIPELINE.) Il ALL HORIZONTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES FROM R. OF TRACK. 21 CASING TD EXTEND BEYOND THE g OF TRACK AT RIGHT ANGLES THE GREATER OF 2D • 20 FT., OR $0 FT., ANO REYOND LIMIT OF RAILROAD RIGHT-OF-MAY 1F NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACK. $3 MINIMUM OF 50' FROM THE END OF ANY RAlLR0A0 BRIDGE, g OF ANY CULVERT, OR FROM ANY SRI TCHING AREA. 4l SIGNAL REPRESENTATIVE MUST BE PRESENT DUAfNG INSTALLATION lF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING. 51 ALLONABLE FIXED OBJECTS INCLUDE: BACKWALL$ OF BRIDGES: 4 OF ROAD CROSSINGS 8 OVERHEAD VIADUCTS (GIVE ROAD NAMEI, OR CULVERTS. 61 CASING ANO CARRIER PIPE MUST BE PLACED A MINIMUM OF 2 FEET BELOM THE EX IST]NG FIBER OPTIC CABLE. ANY EXCAVATIDN REQUIRED WITHIN ,5 FEET OF THE EXISTING FIBER OPTIC CABLE MUST BE HAND DUG. STEEL CASING WALL THICKNESS CHART MINIMUM DIAMETER OF THICKNESS CASING PIPE .2500" I/4" 12" OR LESS .3125" 5/16" DYER 12"-18" .3750" 3/8" OVER I8"-2Z" .4375" 7/16" OVER Z2"-28" .5000" I/2° OVER 28"-34" .5625" 9/16" DYER 34"-42" .6250" 5/8" OVER 42"-4B" OVER 46" MUST BE APPROVED BY R. R. CO. NOTE: THIS CHART IS ONLY FOR SMOOTH STEEL CASING PIPES WITH MINIMUM YIELD STRENGTH OF 359000 PSI. FORMULA TO FIGURE CASING LENGTH W[TH ANGLE OF CROSSING OTHER THAN 90° B ~~ a° !G 51 N ~~ V TO~~ B `(tiC MIN. DIST. ( NOTE 2) LA TRACK A) [S PIPELINE CROSSING WITHIN DEDICATED STREET ? YES;~_N0; ]EX1EiI]~g7C ~~~ Bl IF YES, NAME OF STREET (FaR iM ILR0A0 USE IXiLYI D) DISTRIBUTION LINE _~ OR TRANSMISSION L[NE c) CARRIER PIPE : UNION PACIFIC RAILROAD CO° COMM00[TY TO BE CONVEYED P[9'~°4.~~Pr- V1SG~~~''/~ OPERATING PRESSURE g PSI ~O.~C ~I.W~J t'~ INPK~ WALL THICKNESS ~`~ 'DIAMETER ~~~ MATERIAL ; ISUBDIYISIONI E) CASING PIPE c'B' rP~ M° P KS`'~`~ E" S" f'15~~'3~f' WALL THICKNESS;DIAMETER~"MATERIAL ~'~'& ° NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST9 ENCASED P-l•1.hAL CROSSING AT OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF f -CAS I~IG P I PEA - WHEAI-FUR~+1 I SHT NG- D INENS~-OAISf--G4~1E-~lJ-~S ] DE-OF---- -~r:'~ • 4!'~- --- ~'i!'a __ _- _ ~_~ _ __... CARRIER PIPE AND INSIDE OF CASING PIPE• NEAREST C(rTi ICUUNTT] fSTGTE~ F) METHOD OF INSTALLING CASING PIPE UNDER TRACK(S): c; "~'.~. Of /j~~rl~t~a~ _~DRY BORE AND JACK (WET BORE NOT PERMITTED) ; 1dPPL(CANTI TUNNEL ;OTHER RR FILE NO" Z~~~'' 01 DATE 4'j1"~ G) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR?,~_YES;-N0; H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORN AND w A R N I N G JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK I) APPLICANT HAS CONTACTED I-800-336-9193 t$o' MIN.) IN ALL OCCASIONS, U. P. COMNRINICAT IONS t DEPARTMENT MUST BE CONTACTED IN ADVANCE U. P. COMMUN ]CATION DEPARTMENT, AND HAS DETERMINED FIBER of ANY wDRK TO DETERMINE EXISTENCE AND OPTIC CABLE~C'~DOES ; DOES NOT ; E S,T .yVICIN,I OF LOCATION OF FIBER OPTIC CABLE. WORK TO BE PERFORMED TICKET N0. ~,~~/ ~~ ~~ ~~ PHONE : 1-800-3$6-919$ Form Approved, AVP Law Updated 07/2006 EXHIBIT B Section 1. LIlVIITATION AND SUBORDINATION OF RIGHTS GRANTED. A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire.properly including the right.and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wielines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the Licensor without liability to the Licensee or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION, IigAINTENANCIE AND OPERATION. _ ._ A. The Pipeline shall be constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity with (i) Licensor's current standards and specifications ("UP Specifications"), except for variances. approved in advance in writing by the Licensor's Assistant Vice President Engineering -Design, or his authorized representative; (ii) such other additional safety standards as the Licensor, in its sole discretion, elects to require, including, without limitation, American Railway Engineering and Maintenance-of--Way Association ("ARENA") standards and guidelines (collectively, "iJP Additional Requirements"), and (iii) all applicable laws, rules and regulations ("Laws"). If there is any conflict between the requirements of any Law and the LTP Specifications or the UP Additional Requirements, the most restrictive will apply. B. All work performed on property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor. C. Prior to the commencement of any work in connection with the construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or tracks of the Licensor, the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work, including the shoring and cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been approved by the Licensor's Assistant Vice President Engineering Design, or his authorized representative, and then the work shall be done to the satisfaction of the Zicerisor s Assistant Vice Presiclerit engineering design or lus au~ionzed representative. the Licensor shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction,. maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline, and, in the event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefore, all expenses incuried~ by the Licensor in connection therewith, which expenses shall include all assignable costs. D. The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. Section 3. NOTICE OF COMMENCEMENT OF WORK. If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion. Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise. Section 5. REINFORCEMENT, RELOCATION OR REMOVAL OF PIPELINE A. The license herein granted is subject to the needs and requirements of the Licensor in the safe and efficient operation of its raikoad and in the improvement and use of its property. The Licensee shall, at the sole expense of the Licensee, reinforce or otherwise modify the Pipeline, or move all or any portion of the Pipeline to such new location, or remove the Pipeline from the Licensor's property, as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the Licensor, at its sole election, finds such action necessary or desirable. B. All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocate_ d within the contemplation of this section. Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. The Pipeline and all parts thereof within and outside of the limits of the propertty of the Licensor shall be constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and unintem~pted use of the -tracks, property and facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the Licensor during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except for holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee's expense, and will commence no work on the I,icensor's property until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph. B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, THE LICENSEE SHALL INDENIlVIFY, DEFEND AND HOLD THE LICENSOR AA~tMLF.SS FROM AND AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIlVIITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) CAUSED BY THE NEGLIGENCE OF THE LICENSEE, ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, RESULTING IN (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON LICENSOR'S PROPERTY, AND/OR (2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY TELECOMIVIUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON LICENSOR'S PROPERTY, EXCEPT IF SUCH COSTS, LIABILITY OR EXPENSES ARE CAUSED SOLELY BY THE DIRECT ACTIVE NEGLIGENCE OF THE LICENSOR LICENSEE FURTHER AGREES THAT IT SHALL NOT HAVE OR SEEK RECOURSE AGAINST LICENSOR FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS Olt2 REVENUE OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING LICENSOR'S PROPERTY OR A CUSTOMER OR USER OF. SERVICES OF THE FIBER OPTIC CABLE ON LICENSOR'S PROPERTY. - Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL• TAXES A. The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. B. The Licensee shall promptly pay or discharge all taxes, chazges and assessments levied upon, in respect to, or on account of the Pipeline, to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges-and-assessments levied upon or ~in respect to such property shall not be increased because of the location, construction or maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment -----may_not~e ~eparately~nade_or assessedto_the Licensee but..shalLbe_xlclu~ied in the assessment_ of _ _ the properly of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared with the entire value of such property. Section 9. RESTORATION OF LICENSOR'S PROPERTY. - In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any manner move or disturb any of the other property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the taking down of any fence or the moving or disturbance of any other property of the Licensor. Section 10. 11VDEMNTTY. A. As used in this Section, "Licensor" includes other raikoad companies using the Licensoe's property at or near the location of the Licensee's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons whomsoever (including. the Licensor's officers, agents, and employees, the Licensee's officers, agents, and employees, as well as any other person); and/or (b) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property in its care or custody). B. AS A MAJOR INDUCEMENT AND IN CONSIDERATION OF THE LICENSE AND PERMISSION HEREIN GRANTED, THE LICENSEE AGREES TO INDEMNIFY, DEFEND AND HOLD HARMT,ESS THE LICENSOR FROM ANY LOSS WHICH IS DUE TO OR ARISES FROM: - 1. THE PROSECUTION OF ANY WORK CONTEMPLATED ~ BY THIS AGREEMENT INCLUDING THE INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR, RENEWAL, MODIFICATION, RECONSTRUCTION, RELOCATION, OR REMOVAL OF THE PIPELINE OR ANY PART THEREOF; 2. THE PRESENCE, OPERATION, OR USE OF THE PIPELINE OR CONTENTS ESCAPING THEREFROM; OR 3. LICENSEE'S BREACH OF THIS AGREEMENT, EXCEPT WHERE THE' LO5S IS CAUSED BY THE SOLE DIRECT NEGLIGENCE OF THE LICENSOR, AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION, IT BEING THE INTENTION OF THE PARTIES THAT THE ABOVE INDEMNITY WILL OTHERWISE APPLY TO LOSSES CAUSED BY OR ARISING FROM, IN WHOLE OR IN ___-----PART~LICENSOR'S-NEGLIGENCE_---____- _------__--- Section 11. REMOVAL OF PIPELINE UPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Licensor-, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If the Licensee fails to do the foregoing, the Licensor may, but is not obligated, to perform such work of removal and restoration at the cost and expense of the Licensee. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any damage sustained by the Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have against the Licensee. Section 12. WAIVER OF BREACH. The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent breach thereof. Section 13. TERNmoTATION. A. If the Licensee does not use the right herein granted or the Pipeline for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately terminate this Agreement by written notice. 13. In addition to the provisions of subparagraph (a) above, this Agreement may ~e terminated by written notice given by either party hereto to the other on any date in such notice stated, not less, however, than thirty (30) days subsequent to the date upon which such notice shall be given. C. Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. Section 14. AGREEIVIENT NOT TO BE ASSIGNED The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 15. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. Form Approved, AVP-Law Updated 08/2006 EXHIBIT C Union Pacific Railroad Insurance Requirements Licensee shall, at its sole cost and expense, (except for Raikoad Protective Liability Insurance required in Paragraph D), procure and maintain in effect during the term of this Agreement the following insurance coverage. Licensee shall procure and maintain, or cause to be procured and maintained by its contractor, at its sole cost and expense, Railroad Protective Liability Insurance coverage described in Paragraph D during any period of construction, maintenance, repair or reconstruction work A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000. CGL insurance must be written on ISO occurrence form CG 00 O1 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: • Contractual Liability Railroads ISO form CG 24 17 10 O1 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site. B. Business Automobile Covera a insurance. Business auto coverage written on ISO form CA 00 O1 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $2,000,000 for each accident. The policy must contain the following endorsements, which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 O1 (or a substitute form providing equivalent coverage) showing "Union Pacific Property" as the Designated Job Site. • Motor Carrier Act Endorsement -Hazardous materials clean up (MCS-90) if required by law. C. Workers Comnensation and Employers Liability insurance. Coverage must include but not be limited to: • Licensee's and/or Licensee's contractor's statutory liability under the workers' compensation laws of the state where the Wireline is located. • Employers' ]Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. _-- -If Licensee,- and7or Licenseers contractor is self-'msured~ evidence o~ stale approvaTand- excess workers-- compensation coverage must be provided. Coverage must include liability arising out -of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. The policy must contain the following endorsement, which must be stated on the certificate of insurance: Alternate Employer endorsement ISO form WC 00 03 O1 A (or a substitute form providing equivalent coverage) showing Railroad in the schedule as the alternate employer (or a substitute form providing equivalent coverage). D. Railroad Protective Liability insurance. Railroad Protective Liability insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Licensor as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. A binder stating the policy is in place must be submitted to Licensor before the work maybe commenced and until the original policy is forwarded to Licensor. E. Umbrella or Excess insurance. If Licensee, and/or Licensee's contractor, utilizes umbrella or excess policies, these policies must "follow form" and afford no less coverage than the primary policy. Other Requirements F. All policy(ies) required above (except worker's compensation and employers.. liability) must include Licensor as "Additional Insured" using ISO Additional Insured Endorsements CG 20 26; and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to Licensor as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide coverage for Licensors negligence whether sole or partial, active or~assive, and shall not be limited by Licensee's liability under the indemnity provisions of this Agreement. G. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless the law governing this Agreement prohibits all punitive damages that might arise under this Agreement. H. Licensee waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Raikoad and its agents, officers, directors and employees. This waiver must be stated on the certificate of insurance. I. Prior to commencing any work, Licensee, andlor Licensee's contractor, shall fiiinish Licensor with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement. J. All insurance policies must be written by a reputable insurance company acceptable to Licensor or with a current Best's Insurance Guide Rating of A- and Class_ VII or better, and authorized to do business in the state in which the Utility is located. K. The fact that insurance is obtained by Licensee, and/or Licensee's contractor, or by Licensor on behalf of Licensee, and/or Licensee's contractor, will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Licensor from Licensee or any third party will not be limited by the amount of the required insurance coverage. Memo To: Will Berg; Tara Green From: Brent Blake, Inspector 1 CC: File, Keith Watts ~~~:~~~ ®~~ ~ ~ 200 City ~~ ~~~~a,~ City Clerk C~ice Date: 10/15/07 Re: Proposed Agenda Item for October 23, 2007 City Council Meeting The Public Works ®epartment respectfully requests the following item be placed on the October 23, 2007 City Council agenda, under Consent Agenda, for Council's consideration: Pipeline Crossing Agreement with Union Pacific Railroad Company fora 10-inch water main crossing the railroad tracks at RR Mile Post 456.33 for the amount of $4,800.00 Recommended Council Action: The Public Works Department recommends that City Council approves the Pipeline Crossing Agreement with Union Pacific Railroad fora 10-inch water main crossing the railroad tracks at RR Mile Post 456.33 for the amount of $4,800.00 and authorizes the Mayor to sign it, and have it notarized. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 • Fonm Approved, AVP-i,aw 07/ZSJOG PIPELINE CROSSING AGREEMENT Mile Post: 456.33, Boise SubdivisionBranch Location: Meridian, Ada County, Idaho Folder No. 024GG-07 THiS AGREEMENT ("Agreement's is made and entered into as of September 19, 2007, ("Effective Date's by and between UNION PACIFIC RAII.ROAD COMPANY, a Delaware corporation, ("Licensor") and CITY OF MERIDIAN, an Idaho municipal corporation to be addressed at 660 East Watertower Street, Suite 200, Meridian, Idaho 83642 ("Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article Z. LICENSE FEE. Upon execution of this Agreement, the Licensee shall pay to the Licensor aone-time License Fee of Four Thousand Eight Hundred Dollars ($4,800.00). Article 2. LICENSOR GRANTS RIGHT. In consideration of the license fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate one 10 inch pipeline for transporting and conveying water across Licensoe's track(s) and property (the "Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the print dated September 13, 2007 and marked Exhibit A, attached hereto and hereby made a part hereof. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than transporting and conveying water, and the Pipeline shall not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article 3. CONSTRUCTION. MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, attached hereto and hereby made a Bart hereof. Article 4. IF WORK IS TO BE PERFORMED BY CONTRACTOR. If a contractor is hired by the Licensee to do any of the work performed on the Pipeline (including initial construction and subsequent relocation or maintenance and repair work), then the Licensee shall require its contractor to execute the Licensor's can-ent form of Contractor's Right of Entry Agreement. Licensee acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and an understanding of its tenors, provisions, and requirements, and will inform its contractor of the need to execute the agreement. Under no circumstances will Licensee's contractor be allowed onto Licensoe's property without first executing the Contractor's Right of Entry Agreement and the contractor providing • to the Licensor the insurance binders, certiftcates and endorsements described in the Contractor's Right of Entry Agreement. Article 5. INSURANCE. A. Before commencement of the term of this Agreement and prior to any Pipeline construction, the Licensee, at its sole expense, shall provide to the Licensor the insurance binders, certificates and endorsements described in Exhibit C, attached hereto and hereby made a part hereof. ?lie Licensee or it's contractor, whichever entity will beperforming the Pipeline construction, will need toprocure a Railroad Protective Liability Ins¢~rance policy for the duration of such world as described in Exhibit C. B. Not more frequently than once every two years, Licensor may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. C. All insurance correspondence shall be directed to: Jon E. Devish Folder No. 02466-07 Union Pacific Railroad Company Real Estate Department 1400 Douglas Street STOP 1690 Omaha, NE 68179-1690 D. If the Licensee is a public entity subject to any applicable statutory tort laws, the limits of insurance described in Exhibit C shall be the limits the Licensee then has in effect or which is required by applicable current or subsequent law, whichever is greater, a portion of which maybe self-insured with the consent and approval of Licensor. Article 6. TERM. This Agreement shall take effect as of the Effective Date first herein written and full force and effect until terminated as hereinprovided. - - -- Ilv WITNESS WHEREOF, the parties hereto have caused this the date first herein written. iJNION PACIFIC RAILROAD COMPANY By: CITY OF MERIDIAN By: as of Manager -Contracts Title: • PLACE ARROW INDICATING NORTH DIRECTION RELATIVE TO CR4551NG ~UQ~ /1/~ o~~ (NEAREST Q.R. TONN1 h~ h~Q`~~ 2 ~~~ 4~TU~ti ~ h ° 4- ~~~ O ?('~20` ` ~ P ~ h wi, ~ Jpp \ FORM OR- 0404- B ~, ~'~T(~~ ~ J r REV. 5- i 5- 98 ~7,('s 7~ ~7 ~T ~/~ ~[gg vuww.uprr.com ~siV `1..1~~1's~ LV ®1V °~Is1~1°A~~JL31Se~ ~I]~~I,I1~TE ICI$®~~ING ;? ~" NO SCALE ~It Y f ! FT. F i.- ~ (SEE NOTE 3 8 5) N ~a _ _ ~ ~ MAIN 7RACN (SEE NO7E 6) (DISTANCE ALONG TRACK FROy SECitON LINE CROSSING( NOTE: ALL AVAILABLE DIMEN5[ON5 MUST BE F[LLEO [N 70 PROCESS TH15 APPLICATION. YO ..- - RR -R_M vkr/~Fi.- ~3,'7 t T. (SEE NOTE 3 B 5) (NOTE: THIS DIMENSION REQUIRED IN ALl CASES. AT LOCATIONS NOT USING SECTIONS. DISTANCE 70 A LEGAL SURVEY LINE IS REIX//J``I71REO) I~ ~ YIN. GIST 1 iS®9 NO}B cas J,,,Z~FT. (4.5 FT MIN,) T, (2O cT.,ewx.) ~- CastNG ((See Note 4) (3 JOC FT. ((~~ (NEAREST R. R, iONNI !vC' FT. GSLRRgFlAJCpE ) SEAL CASING STEEL CASING WALL THICKNESS CHART I h116RNE» CASING PIPE .2$00" Ito" 12° OR LE55 .3125" 5/16" OVER i2"-IB" .3750" 3/8" OVER IB"-22" .4375" 7/16" OVER 22°-28" .5000" I/2" OVER 28"-34" .5625" 9/16" OVER 34"-42" .6250" 5/e° OVER 42°-48" OVER 4B" MUSi BE APPROVED BY R. R. CO. NOTE: THIS CHART IS ONLY FOR SMOOTH STEEL CASING PIPES KITH MINIMUM YIELD STRENGTH OF 35.000 P51. l ~~-- ~ ~,- ,-- ~^ I ~ CARRfEA PIPE `\ ~~ >~ ~ ® / ~ ~ ~ \ ®' / ` ' ~ 2 IS FT,---V I ~ ' I s Fr. ~FT. -sj 61SL ~-___.- ,~ F i. I ,~i , ° '~ F i, ~ U2~FT, NOTES i (CASING LENGTH I1NEN MEASURED ALONG PIPEt INE.) U ALL NORi EONT4L DISTANCES TO BE ME45URE0 AT RIGHT ANGLES FROM E OF TRACK. 2t CASING TO ExTEND BEYOND THEE OF TRACK AT RIGHT sNCLES iNE GREATER OF 20 • 20 FT., OR 3O FT., AND BETONO L[MtT OF RAILROAD RIGHT-~-II4T IF NECESSMT TO PROVIDE PROPER LENGTH OUTSIDE Of TRACK. 31 MINIMUM OF SO' FROM THE END OF ANY RAILROAD BRIDGE, E OF ANY CULVERT, OR FRpi ANY 5111 TONING AREA. 4t SIGNAL REPRESENTATIVE BUST BE PRESENT DIALING INSTALLATION IF R41lRpdp SIGNALS ARE 1N THE VICINITY ~' CROSSING. St ALL01FABlE iIXED OBJECTS INCLUDE: BACRNAllS OF BRIDGES: E OF ROAp CROSSINGS 8 OVERHEAD YIAQUCTS (GIVE 8040 NAMEIr OR CULVERTS. 6) CASING AND CARIIIER PIP£ MUST Bf PLACED A YINIWM OF 2 FEET BELOR THE EXISTING FIBER TIC CABLE. 4NY EXCAVATION REQUIRED •ITNIN FORN9JI.A TO FIGURE CASING LENGTH KITH ANGLE OF CROSSING OTHER THAN 90` B ~~~r /~ SIN 4 Lly~o B `1'4 MIN.015T, (NOTE 2) TPA A A) IS PIPELINE CROSSING WITHIN DEDICATED STREE7 ? YES;_a~NO; ~~~I~I~ »~» 81 0) [ F YES, NAME OF STREET OiSTRIBUTtON LINE ~_ OR TRANSMISSION L ME (FAR RAILRAAR usE a1n.r1 c) CARRIER PIPE : f4I ~~ P Y f %/ UNION PACIFIC RAILROAD CO• J O COMMODITY TO BE CONVEY p V G= ~ • OPERATING PRESSOR PS1 y ~ ~ ~ ~ =NPR ~ ~~ C ~~ ' { ' ~MATERIAL ~~~ WALL THICKNESS r `,DIAMETER ICJ , ~„IaD, Y •ioN, E) CASING PiPE d ~l WAIL THICKNE55~;D1AMETER 1 SI ;MATERIAL t'~ ; M. P `~t~ •33 E• S• f~Si t 33 N07E :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST ENCASED P~~sl~~s CROSSING AT OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF ~~ IYI~Y%J%s - ~ r CARRIER PIPE AND INSIDE OF CASING PIPE. (raAaESr nr*1 Icoluirl ,srnrn F) METHOD OF INSTALLING CASING PIPE UNDER TRACK(S): ~;'{ of JJ~tr.al~i•w ~_DRY BORE AND JACK (WET BORE NOT PERMITTEOI ; 7 (AFPLIUnr1 TUNNEL ;OTHER RR FILE NO Z ~;' ~~ DATE ~'~~'~ G) WILL CONSTRUC7[ON BE BY AN OUTSIDE CONTRACTOR? YES;-N0; • H) Ot5TANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORN AND WARN 1 N , JACKING P[TS WHEN MEASURED A7 RIGHT ANGLES TO TRACK G 1) APPLICANT HAS CONTACTED )-800-336-9)937 i3o' MINI iN ALL OCCASIONS, U. P. COAMINICAi IONS U. P. COMMUNICAT iON bEPARTMENT AND HAS DETERMINED FIBER r OEPARTIENT MIST 8E CONTACTED ]N ADVANCE OPTIC CA$LE ~ DOES ; DOES NOT ; >~,I~~rlf1~ n~N,Ijy OF / ~ ~ Oi ANY IIORI( TO O£TERMINE ERI STENCE AND LOCAr10N of FIBER OPTIC CABLE. 7/ij~S WORK TO BE PERFORMED TICKET NO. 3 /.: ~~. .. - PNarE: I-800-336-9193 • Form Approved, AYP Law Updated 07/2006 EXHIBIT B Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire. property including the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate raikoad tracks, signal, communication, fiber optics, or other wpelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the Licensor without liability to the Licensee or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION. MAINTENANCE AND OPERATION. A. The Pipeline shall be constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity with (i} Licensor's current standards and specifications ("UP Specifications', except for variances approved in advance in writing by the Licensor's Assistant Vice President Engineering -Design, or his authorized representative; (ii) such other additional safety standards as the Licensor, in its sole discretion, elects to require, including, without linutation, American Railway Engineering and Maintenance-of--Way Association ("AREMA'~ standards and guidelines (collectively, "iJP Additional Requirements"), and (iii) all applicable laws, rules and regulations ("Laws"). If there is any conflict between the requirements of any Law and the UP Specifications or the UP Additional Requirements, the most restrictive will apply. B. All work performed on property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor. C. Prior to the commencement of any work in connection with the construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or tracks of the Licensor, the Licensee shall submit to the Licensor glans setting out the method and manner of handling the work, including the shoring and cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been approved by the Licensor's Assistant Vice President Engineering Design, or his authorized representative, and then the work shall be done to the satisfaction of the Licensor's Assistant Vice President Engineering Design or his authorized representative. The Licensor shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline, and, in the event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefore, all expenses incui7ed by the Licensor in connection therewith, • which expenses shall include all assignable costs. D. The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. Section 3. NOTICE OF COMMENCEMENT OF WORK. If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Licensor before commencing any work. In ail other situations, the Licensee shall notify the Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion. Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise. Section 5. REINFORCEMENT, RELOCATION OR REMOVAL OF PIPELINE. A. The license herein granted is subject to the needs and requirements of the Licensor in the safe and efficient operation of its railroad and in the improvement and use of its property. The Licensee shall, at the sole expense of the Licensee, reinforce or otherwise modify the Pipeline, or move all or any portion of the Pipeline to such new location, or remove the Pipeline from the Licensor's property, as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the Licensor, at its sole election, finds such action necessary or desirable. B. All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and unintemipted use of the ~ tracks, property and facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the Licensor during normal business hours (7:00 a.m, to 9:00 p.m. Central Time, Monday through Friday, except for holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the Telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee's expense, and will commence no work on the Licensor's property until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without (imitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph. B. IN ADDTI'ION TO OTHER INDEMNTTY PROVISIONS IN THIS AGREEMENT, THE LICENSEE SHALL IlYDEMNIFY, DEFEND AND HOLD THE LICENSOR HARMLESS FROM AND AGAINST ALL COSTS, LIABII.ITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) CAUSED BY THE NEGLIGENCE OF THE LICENSEE, ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, RESULTING IN (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON LICENSOR'S PROPERTY, AND/OR (2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON LICENSOR'S PROPERTY, EXCEPT IF SUCH COSTS, LIABILITY OR EXPENSES ARE CAUSED SOLELY BY THE DIRECT ACTIVE NEGLIGENCE OF THE LICENSOR. LICENSEE FURTHER AGREES THAT IT SHALL NOT HAVE OR SEEK RECOURSE AGAINST LICENSOR FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING LICENSOR'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON LICENSOR'S PROPERTY. Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL: TAXES. A. The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or materiahnan's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. B. The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or on account of the Pipeline, to prevent the same from becoming a charge or Lien upon property of the Licensor, and so that the taxes, charges-and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared with the entire value of such property. • Section 9. RESTORATION OF LICENSOR'S PROPERTY. In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any manner move or disturb any of the other property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the taking down of any fence or the moving or disturbance of any other property of the Licensor. Section 10. INDEMNITY. A. As used in this Section, "Licensor" includes other railroad companies using the Licensor's property at or near the location of the Licensee's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of -action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons whomsoever (including. the Licensor's officers, agents, and employees, the Licensee's officers, agents, and employees, as well as any other person); and/or (b) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property in its care or custody). B. AS A MAJOR INDUCEMENT AND IN CONSIDERATION OF THE LICENSE AND PERMISSION HEREIN GRANTED, THE LICENSEE AGREES TO ISIDEMNIFY, DEFEND AND HOLD HARMLESS THE LICENSOR FROM ANY LOSS WHICH IS DUE TO OR ARISES FROM: 1. THE PROSECUTION OF ANY WORK CONTEMPLATED BY TffiS AGREEMENT INCLUDING THE INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR, RENEWAL, MODIFICATION, RECONSTRUCTION, RELOCATION, OR REMOVAL OF THE PIiPELINE OR ANY PART THEREOF; 2. THE PRESENCE, OPERATION, OR USE OF THE PIPELINE OR CONTENTS ESCAPING THEREFROM; OR 3. LICENSEE'S BREACH OF THIS AGREEMENT, EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE DIRECT NEGLIGENCE OF THE LICENSOR, AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION, IT BEING THE INTENTION OF THE PARTIES THAT THE ABOVE INDEMINITY WILL OTHERWISE APPLY TO LOSSES CAUSED BY OR ARISING FROM, IN WHOLE OR IN PART, LICENSOR'S NEGLIGENCE. Section 11. REMOVAL OF PIPELINE UPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If the Licensee fails to do the foregoing, the Licensor may, but is not obligated, to perform such work of removal and restoration at the cost and expense of the Licensee. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any damage sustained by the Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have against the Licensee. Section 12. WAIVER OF BREACH. The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent breach thereof. Section 13. TERMINATION. A. If the Licensee does not use the right herein granted or the Pipeline for one {1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately terminate this Agreement by written notice. B. in addition to the provisions of subparagraph (a) above, this Agreement may lie terminated by written notice given by either party hereto to the other on any date in such notice stated, not less, however, than thirty (30) days subsequent to the date upon which such notice shall be given. C. Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. Section 14. AGREEMENT NOT TO BE_ASSIGNED. The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 15. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. Form Approved, AVP-Law Updated 08/2006 Er Union Pacific Railroad Insurance Reaufrepients Licensee shall, at its sole cost and expense, (except for Railroad Protective Liability Insurance required in Paragraph D), procure and maintain in effect during the term of this Agreement the following insurance coverage. Licensee shalfl procure and maintain, or cause to be procured and maintained by its contractor, at its sale cost and expense, Railroad Protective Liability Insurance coverage described in Paragraph D during any period of construction, maintenance, repair or reconstruction work. A. Commercial General Liability insurance. Commercial general liability (CGL) with a Limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000. CGL insurance must be written on ISO occurrence form CG 00 O1 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: • Contractual Liability Railroads ISO form CG 24 17 10 O1 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site. B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 O 1 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $2,000,000 for each accident. The policy must contain the following endorsements, which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Raikoads ISO form CA 20 70 10 O1 (or a substitute form providing equivalent coverage} showing "Union Pacific Property" as the Designated Job Site. • Motor Carrier Act Endorsement -Hazardous materials clean up (MCS-40) if required by law. C. Workers Compensation and Emplovers Liability insurance. Coverage must include but not be limited to: • Licensee's and/or Licensee's contractor's statutory liability under the workers' compensation laws of the state where the Wireline is located. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Licensee, and/or Licensee's contractor, is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. The policy must contain the following endorsement, which must be stated on the certificate of insurance: • Alternate Employer endorsement ISO form WC 00 03 O1 A (or a substitute form providing equivalent coverage) showing Railroad in the schedule as the alternate employer (or a substitute form providing equivalent coverage). D. Railroad Protective Liability insurance. Railroad Protective Liability insurance written on ISO occun-ence form CG 00 3S 12 04 (or a substitute form providing equivalent coverage) on behalf of Licensor as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. A binder stating the policy is in place must be submitted to Licensor before the work may be commenced and until the original policy is forwazded to Licensor. E. Umbrella or Excess insurance. If Licensee, and/or Licensee's contractor, utilizes umbrella or excess policies, these policies must "follow form" and afford no less coverage than the primary policy. Other Regnirements F. All policy(ies) required above (except worker's compensation and employers liability) must include Licensor as "Additional Insured" using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 {or substitute forms providing equivalent coverage). The coverage provided to Licensor as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide coverage for Licensor's negligence whether sole or partial, active or passive, and shall not be limited by Licensee's liability under the indemnity provisions of this Agreement. G. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless the law governing this Agreement prohibits all punitive damages that might arise under this Agreement. H. Licensee waives all rights of recovery, and its insun7s also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees. This waiver must be stated on the certificate of insurance. I. Prior to commencing any work, Licensee, and/or Licensee's contractor, shall famish Licensor with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement. J. All insurance policies must be written by a reputable insurance company acceptable to Licensor or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state in which the Utility is located. K. The fact that insurance is obtained by Licensee, and/or Licensee's contractor, or by Licensor on behalf of Licensee, and/or Licensee's contractor, will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Licensor from Licensee or any third party will not be limited by the amount of the required insurance coverage. ~ • October 19, 2007 MERIDIAN CITY COUNCIL MEETING October 23, 2007 APPLICANT ITEM NO. S-H REQUEST Approve Change Order No. 11 of Contract with Owhyee Construction, Inc. for additional Type "P" Permanent Asphalt Repair for Broadway Avenue, Meridian Road to Fifth Street Utility Replacement Project: for$106,725.00 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: OTHER: Contacted: Emailed: COMMENTS See attached Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of fhe CNy of Meridian. CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER Change Order No.: 11 Project Number: 601 Date: 10/15/2007 Effective Date: 10/15/2007 CONTRACTOR: Owyhee Construction, Inc. PROJECT: Broadway Avenue, Meridian Road to Fifth Street Utility Replacement Project The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans. Desclptlon: 1) Additional Type "P" permanent asphalt repair 2) 3) 4) 5) Reason for Change Order: ACRD requires full width patches on roadway. Attachements: October 3, 2007 Change Order signed by the Contractor CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $817,576.50 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 ~ Np.~ 0 to 0 /~~ Contract Price Prior to this C.O.: ,~"~/ ~ S ~ ~~ P Contract Completon Date before this C.O.: ~ ntract Completion Days before this C.O.: Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: $106,725.00 Contract Price with all Approved ~rO 's: ~' ~`f ~a a ~ Co(~tract Completion Date with all Approved C.O.'s: . ~ T l l~f~ Contract Completion Days with all Approved C.O.'s: RECOMMENDED: (CONSTRUCTION MANAGER) ACCEPTED: (CONTRACTOR) See Attached Change Order signed by the Contractor By~ By: Date: ~d Z ,~ 0 -7 Date: APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts ~~. `~~ ~.~ ~ ~~~ Date: ` Date: ~ ~~ ~ ~ `°°~ ~ A ''~~s APPRO TY) - . TTEST: ' ~ ~~ t ~ _ By: ayor Tam de eerd Date: h /I By: City C erk, Will Berg Jr. ~ ' z D t V /V e,,, ~ . v a e: /j ~~ ~® ~ ~ '~ °: o ~. ''~~~~~~rrrrrrrrl rrrrr~~~~~1~```~ 10/03!200? 16:01 2083x60324 OWYHEE CONSTRUCTION PAGE 02/02 CHANGE ORDER CHANGE ORDER NUMB1rR: 11 PRQJECT: BROADWAY AV>rNiJE MERIDIAN, ID CONT'R.A.CTOR'SPRQJECT NO: 074003 CONTRACT DATE: January 24, 2007 CONTRACT FOR: Water & Sewer The Contract is changed as follows: Additional Type °`P" permanent asphalt repair TQTA)<, The original Contract Sum was ............................................................... 5817 576.50 Net chata.ge by pt'cviousiy authorised Change Orders,,,,,,,,,,,,,,,, 5 13,258.9 ] The Contract Sum prior to this Ghange Order was ,,,,,,,,,,,,,,,, ..,,... $830,835.41 The Contract Sum will be (increased) i;~) atfged) by this Change Order in t1~e annount oi" ................................... $106,725.00 The new Contract Sum including this Change Order will he .................. $937,5b0.41 D,A.TE: October 3, 2007 TO CONTRACTOR: OWYIIEE CONSTRUCTION, IIVC, 6434 W GOWEN ROAD NOISE, IDAHO 83709 2,846 S~ 37.50 106,725.00 x4G,725.00 NOTE: This summary does not reflect changes in the Contract Sum. Contracl• Time or Guar&ntccd Maximum PticC which have been authorized by Construeticm Chttngc Directive K le Radek Staff' E,tx ineer ENC*tNF.ER (if require BY DATE ®~3 ~' Owyhee Constructican. Inc CONTRACTOR _ DAT>r~~ ~~~ City of 1Vleridian OWNER DY bATT Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer CC: File, Len Grady, Keith Watts • ~~~~; ~ ~ C~ ~0~` ~i~y ~1f T~c~ diag~ ~at~y ~1er1~ C)~.ce Date: 10/15107 Re: Proposed Agenda Item for October 23, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the October 23 City Council agenda, under Consent Agenda, for Counal's consideration: Chance Order Number 11 of Contract with Owyhee Construction Inc for Additional Tvpe "P" Permanent Asphalt Repair for the Broadway Avenue Meridian Road to Fifth Street Utility Replacement Proiect: This change order amounts to 13.05% of the original construction contract: Recommended Council Action: The Public Works Department recommends that City Council approves Change Order Number 11 of Contract with Owyhee Construction, Inc. for Additional Type "P" Permanent Asphalt Repair for the Broadway Avenue, Meridian Road to Fifth Street Utility Replacement Project: for a cost of $106,725.00 and authorizes the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANCE ORDER Change Order No.: 11 Pro)ect Number: 601 Date: 10!15/2007 Effective Date: 10/15/2007 CONTRACTOR: Owyhee Construction, Inc. PROJECT: Broadway Avenue, Meridian Road to Fifth Street Utility Replacement Project The Contractor Is hereby directed to make the following changes from the Contract Documents and Plans. Desciptton: 1 } Additional Type "P° permanent asphalt repair 2) 3) 4) 5) Reason for Change Order: ACRD requires full width patches on roadway. Attachements: October 3, 2007 Change Order signed by the Contractor CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract price: $817,576.50 Orginal Contract Completion Date: Original Contract Completion Days: Net changes form previous C.O :s.: Net Days change form previous C.O.'s: No. Q to 0 No. Q to 0 $13,258.91 Contract Price Prior to this C.O.: Contract Completion Date before this C.O.: $830,835.41 Contract Completion Days before this C.O.: Net Increase (decrease} of this C.O.: Net Days Increase {decrease) of this C.O.: $1 Os,725.0a Contrail Price with all Approved C.O: s: Contract Completion Date with all Approved C.O.'s: $937,560.41 Contract Completion Days with all Approved C.O.'s: RECOMMENDED: (CONSTRUCTION MANAGER) ACCEPTED: (CONTRACTOR} See Attached Change Order signed by the Contractor By: gy; Date: Daie: APPROVED: (CITY PURCHASING AGENT) COUNCIL APPROVAL By: i<eith Watts Date: Date: APPROVED: (CITY) - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Will Berg Jr. Date: Date; 10/03!2007 16:01 20837603 OW1'1-IEE CDNSTRUCTI~ PAGE 02!02 CHANGE ORDER NUMBER: 11 PROJECT: BROADWAY AVENUE MERIDIAN, ID CONTRACTOR'S PROJECT NO: 074003 CONTRACT DATE: January 24, 2007 CONTRACT FOR Water ~ Sewer The Contract is cltartged a,s follows: Additional Type "P" germanetat asphalt repair TOTAZ, ~U6,725.00 The on utal Contract Sum wes ....................................... ......................... g~ ------... ...-----... S8I7,57t.5t} l~Tet change by prcviousiy authorized Change Orders ................................................. $ 13,258.91 The Contract Sum prior to this Change Order was ............................_..,,.,................. $830,83SA1 The Contract Sum wi11 be (.increased) (fee) ~ias#art~ by this Change Order in the aauount af ................................... $106,725.00 The new Contract Sum including this Change Order wilt be ....................................... $937,560.41 Nt~T6: This summary does not reflect changes in the Contract Sum, Contract Time ar Guaraatccd Maximum Price whidt have been authorized by Consnvctitm Cltangc Directive I,$.S±le RadekLStat'f E>a. 'veer ENC*tNEER (if requim~ [iY DATE __ CHANGE ORDER ec Constxvcti.a CONTRACTOR ~r.r-. BY '~ ~- .rr----_• - ... D,~.TE: October 3, 2007 TO CONTRACTOR: OWYI~iEE CONSTRUCTION, TNC. 6434 W GOWEN ROAD BOISE, IDAHO 83709 2,846 SX 37.50 106.725.00 City of Meridian OWNER DY bATF ~ ~ ~ ~ October 19, 2007 MERIDIAN CITY COUNCIL MEETING October 23, 2007 APPLICANT ITEM NO. S-~ REQUEST Approve New Beer and Liquor Licenses for JMS Services dba my Caffe at 450 S. Meridian Road, Ste. 15: AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: l/~~~~ CITY WATER DEPT: T CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • ! October 19, 2~7 MERIDIAN CITY COUNCIL MEETING October 23, 2007 APPLICANT ITEM NO. S-.I REQUEST Water Main Easement Agreement for Meridian Village by A&H Investments: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: _ ` ~./ CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. VARRO AMOUNT .00 ; BOISE IDAFI01112.9107 01:9 RECDRDEDa REQUEST OF II I IIIIIIIIIII IIIIIIIIIIIIII~II~II III City o1 Meridian 1 ~'~ 1 ASS i El WATER MAIN EASEMENT THIS INDENTURE, made this third day of October, 2007 between A&H Investments LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada. County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Granteetheright- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following descn'hed property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easementandright-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent properly to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed. any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part oi; or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement final EASMT WTR MAIlV • • THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed.of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN ~VITNES S WHEREOF, the said parties of the first part have hereunto subscn'bed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ) ss County of Ada ) On this ~ day of C~~~ , 20~ before me, the undersigned, a Notary Public in an for said State,, ersonally appeared '- ~ ,,`,~ and fk"n~own or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ®®®®NsdP®eoeas~®®®® /~ • • ~~ ~}~ •® O Y PUBLI F IDAHO . ®'rpR ®® Residing at ~ ~ - . Commission Exp .. ~ ~UBti~~ ~® •.. - ®' ®®0~1` ®®®'®s®ee®''~e ~®,®® Water Main Easement EASNpT ~~ MAIN ~~~ ~~ ~ ~ ~ GRANTEE: CITY OF MERIDIAN .+" '"'.':'rrr,: ~~~ ~ ~ y~r ~~ ~~ ~ d' Tammy de Weerd, or ~~,~ Attest by William G. Berg, ity Jerk `'>. ~ ~o ~Je7rO~.~IJ~ '~,`O`~t ll { 9 9 9 11 a \~~~`t~®a Approved By City Council On: STATE OF IDAHO, . ss. County of Ada rd On this o7~ day of ~~ b~ , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERI~ and WILLIAM G. BERG, 7R., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. `•®®®•f®+•• (SEAL) ~ ~.e ••~% ;~ ®?,~ ~~ : NOTARY PUBLIC FOR AHO '~ a~ i Residing a~ (~'(~ C~. ll.Y ~ ~ I n ® ~ "C Ix. Commission Expires: I[~- ( (~ ( I ®y~ i i s R~+S ~ P r ~ e I ®~~`~` i 8 A.®~j ~ m p4yo•®~ ®srrs~s Water Main Easement EASMT WTR MAIN ~.,,a~ ~~~ _ S89 33' ,~u 894.1 ~. oo° l ~ E. FAIRVIEW AVENUE g `O a S89°33'29°E 289.75' J sDO°2D'DS~E N89 33'29°W 20.00' N00°20°O6"W 36.03' 0 20.00` LOT 1 BLOCK 2 LOT 2 ~ TRF.ASVRE vALLBY f BvsnvESS CENTER i W e N N r 6C ~ N ~1 °z1 ~' rLEA~ANT ~, ~ SURVEY REFE_1;ENCES VALLEY °o ~ SUB° y 1. TREASURE VALLEY BUSINESS CENTER SUBDIVISION. PAGES 4790-4792 OF BOOK 53 OF PLATS, RECORDS OF ADA COUNTY, IDAHO. ®®®® 58933°29'E ®..®®~®® 29a.oo' t ~1 ~, ~.oT 4 r o~g~~'~1ST~,d p" ~lle~~5~ ~~~,,rOF 1~® ~`~'IS ~~ fi0 30 0 6p ~--__~k_ TAL ad FEE?' LEGEND ®°~" ~ ®®BOUNDARY UNE LOT 1, BLOCK 2 29'E 3' .. 0 0 si ... ADJACENT PROPERTY UNE - STREET CENTER UNE ---------EASEMENT UNE O O WATER EASEMENT SITITATED II1T A PORTION LOT X, BLOCK 2 TREA,SVRE VALLEY BvSIINESS CEIITTER, LOCATED IN TJED3 NB 1!4 OyyF~~S~EC~~T~*IO~y~N~* 8p,~T. 8/~N~.~,~8~.yalpEy.,~B~.pM~., Q'TY OF 171~iRWJ.ff1~, ADA WV~l~.6 i, iLAi1® EX~IIBIT "B" CITY OF MERIDIAN WATER EASEMENT` FOUND HIGHtAIAY MONUMENT FOUND 5/S REBAR FOUND 1/2° REBAR Rennison Fodrea, Inc. ~'n92n@@TS . Sarveyoza .Planners 7w ~a. ~SbwL PA 0~ 180 88Im ~tf ~ ~~4~ NO Po~_~~ Cascade Office Re111115®I1 ~®f~'e 1 Eagle Office ~ Box 188 Engineers • Surveyors • PTimners 430 E. Stale St: 105 N Main Street ~~ 140 Cascade, Idaho 83611 Eagle, Idaho 83616 ~~: ~"~~'`~ Office: 2~-938-2440 Fax:208-382 3410 Fax: 208-938-2441 DATE: 10/03/07 Project No.:1618 Legal Description For City of Meridian Water Easement A water easement situated in a portion of Lot 1, Block 2, Treasure Valley Business Center Subdivision, as shown in Book 53 of Plats on pages 4,790 to 4,792 of the records on file in the office of Recorder, Ada County, Idaho, located in the northeast one quarter of Section 8, Township 3 North Range 1 Easy Boise Meridian, City of Meridian, Ada County, Idaho, said wafter easement being graphically illustrated as Exlu'bit 4B" attached hereto and by this mention made a part hereof and being more particularly descnibed as follows: Commencing at a found 1/2 inch iron pin on the south right-of-way boundary of E. Fairview Avenue and marking the northwest corner of said Lot 1, thence a bearing of S 89°33'29" E, a distance of 22.f~ feet on said south right-of-way ~undary of E. Fairview Avenue and the north l~undary of said Lot 1 to the 1?®Ilq'I' OF BEGIlVAIING; Thence continuing a bearing of S 89°33'29" E, a distance of 36.03 feet on said south right-of-way boundary of E. Fairview Avenue and the north boundary of said Lot 1 to a point; Thence a bearing of S 00°20'06" E, a distance of 20.OD feet to a point; Thence a bearing of N 89°33'29" W, a distance of 36.03 feet to a point; Thence a bearing of N 00°ZO'06" W, a distance of 20.00 feet to the 1~IlOTT ®F BEGIl11»ING; The above described easement contains 721 square feet more or less, and being subject to and together with any and allrights-of-way and easements of record and / or use. Modification in any way of the foregoing legal description terminates all liability of the surveyor who prepared that description ~ ' ~~ ~ ~~ ~- _n._ 115?5 ~~ ~~° x:\rn~\sRS~t~\z61s\aaa,m\~\z6is w,,czao~ s,,s Ir1 ICJ • City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Katie Glenn CC: File Date: 10/17/2007 Re: Proposed Agenda Items for 10/23/07 City Council Meeting City ~Gf l~lcridian City Clerk Cf~.cc The Public Works Department respectfully requests that the following items be placed on the 10/23/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Meridian Village by A&H Investments. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Meridian Village by A$H Investments and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. ~~~~~ OCT 1 ~ 2007 • Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this third day ofOctober, 2407 between A&H Investments LLC, the parties ofthe first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party ofthe second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration ofthe benefits to be received by the Gn~ritors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee theright- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience ofthe Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, malting repairs, performing other maintenance or malting subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby grarrted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement EASMT WTR MA-TV final • THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IIV WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: President ~~~~ Secretary STATE OF IDAHO ) } ss County of Ada ) On this ~ day of QC"~~~ . 20~ before me, the undersigned, a Notary Public in an for said State, ~rsonally appeared ~~~~ .~~~.~ and - ~ ~klnown or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. .,~ n ' ~..•• pTaR s y U ~ `~F~'?C =M ~O ; .,~~,,+19T~ OF lOP`,,~~~ Residing at ____~~j~ Commission Expires: Water Main Easement EASMT WTR MAIN ~ ~ GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada On this day of , 20 ,before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement EASMT WTR MAtN ~ ~ EXHIBIT „B~ CITY OF MERIDIAN WATER F.ASEME11Ti` _ _ s8s•33_29°E zu 894.13' ~o° I ~. E. FAIRVIEW AVENUE o o° `° { ~ S89'33'29'E 289.75' _ - .~ S00 20'06'E N89'33'29°W 20.00' N00'20'O6°W 36.03' I 20.00' I I LOT 1 BLOCK Z LOT 2 I TREASURE VALLEY 1 I svsnvsss cEtvTER I W ~j N O 31 zl ~i iv I PLEASANT ~, ~ SURVEY REFERENCES VALLEY ~° `" 1. TREASURE VALLEY BUSINESS CENTER SUH. SUBDIVISION. PAGES 4790-4792 OF I BOOK 53 OF PLATS, RECORDS OF ADA COUNTY, IDAHO. I 1 290.00' ~ ,' LOT 4 _... "...'--~ '~' LEGEND g~~isr~o a A115754 ~ ~ OF 19e ~$ L~ .,, 60 30 ~ ~0 ~~~ HORIZONTAL SCALE iN F~'1' '~'~~ ~ ~ ~~' BOUNDARY UNE LOT 1, BLOCK 2 ADJACENT PROPERTY UNE - STREET CENTER UNE - - - - - - - -EASEMENT UNE i ® FOUND HIGHWAY MONUMENT ~ FOUND 5/8 REBAR ~ FOUND 1/2° REBAR WATER EASEIKENT SITUATED IN A PORTION LOT 1, BLOCK 2 TREASURE VALLEY BUSII1iESS CENTER, LOCATED IN THE NE 1/4 OF SECTION 8, T. 3 N., R. 1 E., H.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO Rennison Fodrea, Inc. ~STnga~weTS ~ Surveyors • Planners ~ir~a e. roe ~.M+o°° ~~ P ~ i Cascade off~e ~ Box 188 Reririisori Fodrea ~~~ ~Ce Engineers • Sumeyars • Planners 430 ~. State St 105 N Main Street Suite 140 Cascade, Idaho 83611 Office:2D8-382-4902 Eagle, Idaho 83616 Ciffice: Z(i8-938-2490 Fax: 208-382 3410 Fax: 2t~938-2441 DATE:1OJ03/07 Project No.:1618 Legal Description For City of Meridian Water Easement A wafter easement situated in a portion of Lot 1, Block 2, Treasure Valley Business Center Subdivision, as shown in Book 53 of Plats on pages 4,790 to 4,792 of the records on file in the office of Recorder, Ada County, Idaho, located in the northeast one quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, said wafter easement being graphically illustrated as Exlu'bit "B" attached hereto and by this mention made a part hereof and being more particularly described as follows: Commencing at a found 1/2 inch iron pin on the south right-of way boundary of E. Fairview Avenue and marking the northwest corner of said Lot 1, thence a bearing of S 89°33'29" E, a distance of 2260 feet on said south right-of-way boundary of E. Fairview Avenue and the north boundary of said Lot 1 to the POINT OF BEGINNING; Thence continuing a bearing of S 89°33'29" E, a distance of 36.03 feet on said south right-of-way boundary of E. Fairview Avenue and the north boundary of said Lot 1 to a point; Thence a bearing of S 00°20'06" E, a distance of 20.00 feet to a point; Thence a bearing of N 89.33'29" W, a distance of 36.03 feet to a point Thence a bearing of N 00°20'06" W, a distance of 20.00 feet to the POINT OF BEGINNING; The above described easement contains 721 square feet more or less, and being subject to and together with any and all rights-of-way and easements of record and J or use. Modification in any way of the foregoatg Iegal description terminates all ]lability of the surveyor who prepared that description ,~ ..- _ ~~S`~~pL,+TE$~L~~ic 11575 O O ~' pg l~ ~~S ~NIS L~ , -: .. , - .. R\~oj~cls\sJts nmhiee~s\1618\Aaavn\t~eg~s\lbis wecena,au~ Fa~m2aa • • October 19, 2007 MERIDIAN CITY COUNCIL MEETING October 23, 2007 APPLICANT Architecture Northwest ITEM NO. 5-K REQUEST Addendum to Development Agreement: AZ 05-066 Request for Annexation & Zoning of .50 acres from R-12 to C-G zone for Meridian Veteminary Clinic - 415 W. Franklin Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • (ADA COUNiTY RECORDER J. DAVID t~tRO AMOUM .00 30 BOISE IDAH012106107 01:~ PM DEPUTY Danielle Bouiette I,I II~'~~t~~1t1~I,II~`II"'~~~I I ~I (~) RECORDED-REQUEST OF 1071619 77 City of Meridian ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Scott Higer, Owner/Developer The following i~s an addendum to that certain DEVELOPMENT AGREEMENT, entered into on the 12~' da,Y of April, 2006. This addendum is made and entered into this / `7 day of ~e~d (o-e~ , 2007, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and Scott Higer, whose address is 41 S West Franklin, Meridian, Idaho 83642, hereinafter called "OWNER/DEVELOPER". OWNER !DEVELOPER agrees to be bound by the terms of the original Development Agreement (instrument # 10604912}, approved on Apri118, 2006 on the land described in Exhibit "A", except as specifically regarding Section S, "Development in Gonditional Use". 1. The parties hereto agree that the development of the property described in Exhibit "A" shall be in accordance with the terms of the above described Development Agreement, exhibit "B", or those City ordinances in effect at that time any subsequent conditional use application is filed, whichever are more restrictive. 2. That Section S, "Development in Conditional Use" of the original Development Agreement, Instrument # 10604912, approved on Apri118, 2006, be deleted in its entirety as it does not apply to this property. 3. That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation of the "Owner/Developer", or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 4. This addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors un office. 'T'his second addendum shall be binding on the "Owner/Developer" of the "Property", each subsequent owner and any other person(s) acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner/Developer", to execute appropriate and recordable evidence of termination of this addendum if "City", in its sole and reasonable ADDENDUM TO DEVELOPMENT AGREEMENT (AZ OS-066 MERIDIAN VETERINARY CLINIC) • • discretion, had determined that "Owaer/Deveioper" has fully performed its obligations under this Addendum. S. If any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 6. This addendum sets forth all promises, inducements, agreements, condition, and understandings between "Owner/Developer" and "City" relative to the subject matter herein, and there aze no promises, agreements, conditions or under- standing, either oral or written, express or implied, between "Owner/ Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this second addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended within the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning, designation and/or amendment in force at the time of the proposed amendment. 7. This addendunn shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (AZ OS-066 MERIDIAN VETERINARY CLINIC) • ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: BY: ott Higer CITY OF MERIDIAN BY. / Mayor Tammy de eerd Attest: •~'~~ ~' _rA~'~grF~`~'''~~ ~" o " = ~~L =_ William G. Berg, Jr., Ci Cle~ ~ 1~' 4 ~~ ''%~0,,~ .ST tit , ~.~ ``~.~ ADDENDUM TO DEVELOPMENT AGREEMENT (AZ OS-Ob6 MERIDIAN VETERINARY CLINIC) • STATE OF IDAHO ) . ss: County of Ada, ) On this( day of ~p ey.~, 2007, before me, the undersigned, a Notary Public in and for said State, personally appeazed Scott Higer known ar identified to me to be the person who executed the instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz in this certificate first above written. (SEAL) . ~ -1~SN~ .._ _ -...State of I~r l'~ c. Notary Public for Id ~ o Residing at: W~Qf~. c~•, e,,..... ~ ~~.,~-..~ My Commission Expires: ~ ~.,...,~, -,~...oti `~ STATE OF IDAHO ) ss County of Ada ) On this day of _ ~(~VeYy1~./ , 2007, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. G •. A ` (SEAL} • ;'O`ff' R.~~~'•, •; .14; ~ • • • ~ : Oi ~,,,~(, • ~i • ~~~ • •'~T~.:~~• • Notary Public for Idaho Residing at: ~ ~ l t_Y j ,, 1(~ Commission expires; 10-i 1-~~ ADDENDUM TO DEVELOPMENT AGREEMENT (AZ OS-Q66 MERIDIAN VETERINARY CLINIC) r s--~-•.~ ....~... .. -. ~ - aoA t~UNTY Rl'.t~Ra~1 a. aAwa NAUAR~ agDUNT .~o ~ BOISE IDAHO 04f1TlOB 0202 P~9 ~~ _ DEPtiTY Neeva Haney , RELbRD~-RfOUIf$T OP 1060b4912 Ille~idien 4~ly IDEVE]LOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Scott I3iger, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement', is made and entered into this__la_. day of r- 2006, by and between City of Meridian, a municipal corporation of the State of daho, hereafter called "CITY', and Scott Niger, whose address is 415 West Franklin Road, Meridian, Idaho 83642 hereinafter called "OWNER/DEVELOPER". 1. RECYTALS: 1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract of land.in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511 A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "OwnerfDeveloper" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WB[EREAS, "Owner/Developer" has submitted an application far annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (C-G) General Service and Retail Commercial, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "OwnerlDeveloper"mode representations atthe public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will ~ developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ 05-066) MERIDLAN VETERINARY CLII~TIC PAGE 1 OF 10 n 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WIBEREAS, City Council, the 7s` day of March, 2006, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner/Developer" to enter into a development agreement before the City Council takes fsnal action on annexation and zoning designation; and 1.9 "OWNER/DEVELOPER" -deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and xequests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codnfied is Meridian City Code Title l l .and Tide 12. NOW, TIHEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein.as if set forth in full. DEVELOPMENT AGRE$MENT (AZ 05-06 MERIDUIN VETERINARY CLINIC PAGE 2 OF t0 C~ C~ 3. DEFIIVITYONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY"; means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "O~VNER/DEVELOPER": means and refers to Scott kiiger, whose address is 415 West Franklin Road, Meridian, ID 83642 the party developing said "Property" and shall include any subsequent owners and/or developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned C-G (General Service and Retail Commercial) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERNIITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 which are herein specified as follows: Construction and development of a Certi, jlcate of Zoning Compliance shall be submitted to the City of Meridian prior to a future development in the C-G zone, and the perN'ient provisions of the City ofMeridian Comprehensive Ptah are applicable to thisAZ OS-066 application. 4.2 No change in the uses specified is this Agreement shall be allowed without modification of this Agr~ment. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has submitted to "City" an application for conditional use permit site plan dated December 13, 2005, and shall be required to obtain the "City"' approval thereof, in accordance to the City's DEVELOPMENT AGREEMENT (AZ OS-066) MERIDIAN VETERINARY CLII~TIC PAGE 3 OF 10 Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. No new buildings are approved for construction under this conceptual CUP/PD application. All futuue buildings shall require approval of a detailed CUP prior to submittal of any Certificate of Zoning Compliance applicationand/or building permit 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. "Owner/Developer" shall develop the "Property" in accordance with the fallowing special conditions: 1. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of ~affic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property sha11 be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 3. 'that the applicant will be responsible for all costs associated with sewer ands water service extension. 4. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells maybe used for nori domestic purposes such as landscape irrigation. 5. That prior to issuance of a Certificate of Zoning Ordinance for construction of the new building, the applicant shall submit a recorded cross access and. parking easement between the two parcels. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default ofthe "Owner/Developer" or "Owners/Developers" hears, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" DEVELOPMENT AGREEMENT(' (AZ 05-066) MERIDIAN VETERINARY CLII~TIC PAGE 4 Ol: 10 i • of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined is Idaho Code § 67- 6509, or any subsequent amendments or recodifications thereof. $. CONSENT TO DE-ANNEXATION A1W REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City' provide written notice of any failure to comply with this Agreement to "Owner/Developer"and ifthe "OvrnerfDeveloper" fails to cure such failure within six (~ months of such notice. 9. INSPECTION: "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAUY,T: 10.1 In the event "Owner/Developer", "OwnerlDeveloper's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Propert}-", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement maybe modified. or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner/Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at DEVELOPMENT AGREEMENT (AZ OS-066) MERIDIAN VETERINARY CLIi~iIC PAGE 5 OF 10 • • "Owner/Developer`s" cost, and submit proof of such recording to "Owner/Developer",prtor to the third reading oftheMeridianZoning prdinance in cottnectionwiththe re-zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adapt the ordinance in connection with the annexation and zoning of the "Properly" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified•herein. 13. REMEDIEEg: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner/Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting. party shall commence to cure the same within such thirty (30j day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure maybe extended for such period as may be necessary to complete the curing of the same with diligence and continuity. i3.2 In the event the performance of any covenant to be performed hereunder by either "4wner/Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters off czedit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § l 2-5-3, to insure that installation of the improvements, which the "Owner/Developer" agrees to provide, if required by the "City". DEVELOPMENT AGREEMENT (AZ OS-066) MERIDIAN VETERINARY CLINIC PAGE 6 OF ] 0 1 S. CERTIFICATE OF OCCUPANCY: The "Owner/Developer"agrewthat no Certificates of Occupancy will be issued until all improvements ate completed, unless the "City" and "OwnerlDeveloper" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and whey persoiialiy delivered or three (3) days after deposit in the [Tnited States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER/DEVELOPER: c% City Engineer City of Meridian 33 E. Idaho Ave, Meridian, ID 83542 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 Scott Higer 415 West Franklin Road Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties. hereto concerning this Agreement, the• prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CY,IIVIC PAGE 7 OF 10 separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF TAE 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 timelyperform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS; This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding an the "Owner/Developer" of the "Property", each subsequent owner and any other person acquiring an interest in the "Properly". Nothing herein shall in any way prevent sale or alienation~ofthe "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound .by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner/Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are ~no promises; agreements, conditions or understanding, either oral or written, express or implied, between "OwnerlDeveloper" and "City", other than as ate stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City"... 22.1 No condition governingtheusesand/or conditions governing re zoning of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public DEVELOPMENT AGREEMENT (AZ OS-06~ MERIDIAN VETERINARY CLINIC PAGE 8 OF I O hearing(s) in accordance with the notice provisions provided for a zoning designation andlor amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agrament shall be eiective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor aad City Clerk. ACKNOWLEDGMENTS IN WTINESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER /DEVELOPER: . Scott Niger CITY OF MERIDIAN ~ ~~r~.~~ BY: MAYOR T de WEERD ,,,1„11.1„„ ,,6 C~h~ Ca~~ 4-~~vd ,, ~~ r Attest:- ~.~` ~"~ ,,y , :` '~,, ev '~ CITY CLERK ~ ~~ .~, ,`~ "~ ~` ~~ ~ , •~ ~,,''',`~tllt~i ~~~:i1'114~~~`~ DEVELOPMENT AGREEMENT (AZ 05-066) MERIDIAN VETERINARY CLINIC PAGE 4 OF 10 STATE OF IDAHO, ) . ss: County of Ada, ) On this ,~ day of W - ~ 2006, before me, the undersigned, a Notary Public in and for said State, perso ally appeared Scott Higer, known or identified to me to be the person who signed the instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written SEAL ~ o. iAUCf~uGE Notary Fub~ic Staff of Gdoho ~~ ~a ~ Notary Public for Idaho Residing at• •`"` ~, My Commission Expires: \~. _ ~ o _ ~. o ~~ STATE OF IDAHO ) ss County of Ada ) On this~~ day of ~ 2006, before me, aNotary Public, personally appeared Tammy de Wee and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City ofMeridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the da~+ and year in this certificate t above written ~•• M. ~•. (SEAS ~ ' .~' ''~„~'~, y Notary Public for Idaho • , • Residing at: ~ ~ ; ~ Commission expires- . DEVELOPMENT AGREEMENT (AZ OS-066) MERIDIAN VETERINARY CLINIC PAGE 10 OF 10 t ~C.4-~b~- Ac ~ ppOR COPY, legal pescaiption YC.IiiC~Y~ ' t7:' \StF.:::l'itl:i BZitU:~'G land Surveying, Inc. ;psc.~~rat:f: fl41 E Stab Sfrcat bulta 1iS Eogio. Wdtto i~01~ ~ oNIN~ 1•~-v39•riT9 'fox +•>ae 49V•7bl1 Joa _Je. 039,5 1i-t~,< il.!Z!„ t.KC/tc. aESCw~['to~ FOR ~curr NtciGre a?~ExaTtt-r' A ponioa of the saoctheaat 1 ~4 o'du Vonhr~ast ~'4 vt the Narlheatrt c: Saran s i. 'ur-nrhio = ~^xtt:. t+'anee : tttat ~t'thc Boieu i-:cttd+e+- ado Cawar. ldebo. de3~itud as fn~ls~w'+: Cvmmeactrryl ee the ~orJ+rxa+ vlneruJ't3e.:ian 13. Township 9 Vonh, ~mFe t tt~est of the Boise Maidien, Ado Cau.'ni. tdatte_ an4 ttuwl~ dteaer a'c+a 1432.13 fay a]ong the i~otth Iiae or'said ~~iiextu the POINT Q? 6EOridIJWG::hooer SO`t3'48"w , t;.:t: feet: thrace Rou Idq.iltt tea: titenr NO't 3'~8"E ;so 0o fees: thence Were 4>:A+) h=,: 9~cn:e Nlt°13'411"L• 1 E3.: C ttxc a .he voeth t'-oe Ot selQ seetloa: thence V-'tst 33 dK{ fstt a tae point of beginning. ?artel ootueins O.S~ sert:s :vhic~. i+:luJes ~osai rtBhaotwar xioag I'nutWir. ~oae. ~ .yak !' ~a~, ~~ ~ ~ Fxh~,~t B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA~V AND DECISION & ORDER -, r: ~~+~ eridiaa 0~ r.T :d+ iuwc, ~y ~S) ' „J NWL,F ~i {~ . In the Matter of a request for Aanexatioa and Zon~l~ag of .SO acres fron0. R-12 to C-G (General Service and RetaQ Commercial) at 415 West FranklW Road, by Meridian Veterinary Clinic. Case No(s). A~4S-066 For the City Conncdl Resring Date of: March 7, 2006 A. Findings of Fact 1. Iieari-ng Facts (see attached StaffReport for the hearir-g date of March 7, 2006 incorporated by reference) 2. Process Facts (see attached 3tatfReport for the herring date of March 7, 2006 incorporated by reference) 3. Applicstion and Progeny Facts (see attached Staff Report for the hearing date of March 7, 2006 incorporated by reference) 4. Required Findings p~ the UniSed Development Code (see attached Staff Report for the hearing date of March 7, 200b incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Laud Use Planning Act of 195," codified at Chapter 65, Title 67, Idaho Code (I.C. §b7-6503). 2. The Meridian City Council takes judicial notice of its Urdfied Development Code codified at Title 11 Meridian City Code, and all current mmHg maps thereof The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopt~i August 6, 2002, Resolution No. 02-382 sad Mapa. 3. The conditions shall be reviewable by the City Council pTUSUant to Meridian City Code g 11-SA. CT7Y OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DTsCISTON & ORDER CASE NHS). AZ-05-066 - PAGE I of 3 • C~ 4. Due consideration has been given to the comment(s) received from We governmental subdivisions providuug services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. b. Tbat the City has granted as order of approval in accordance with this Decision, which shall be signed by the Mayor and City Cleric and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Depardnent and any affected party requesting novice. 7. That flue approval is subject to the Legal Description and the Conditions of Approval all in the attached Staff Report for the heating date of March 7, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application, C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The site specific and atamdard conditions of approval are as shown in the attached Staff Report for the hearing date of March 7, 2008 incorporated by reference. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code b7-8003, a denial of a plat or conditional use permit entitles the Owner to r~uest a regulatory taking analysis. Such request must be in westing, and must be filed with the City Clerk not more than twenty-eight (2$) days after the final decision oonceming the matter at issue. A request for a regulatory takings analysis will toll the lima period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a f nal action of the governing body of the Crty of Meridian, pursuant to Idaho Code § 87-8521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit ~appmval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 87, Idaho Code. E. Attached: Staff Report for the hearing date of March 7, 2008 By action of the City Council at its iegular meeting held on the ~ day of 2006. CITY OF MERiDiAN FWDINOS OF FACT, CONCLUSIONS OF LAw AND DECISION Bc ORDER CASE NO(S). AZ-OS-466 -PAGE 2 of 3 • COUNCIL MEMBER SHAUN WARDLE VOTED--~~~ COUNCIL MEMBER DOE BORTON VOTED__~~ew COUNCB. MEMBER CHARLIE ROUNTREE VOTED__i/~' COUNCII. MEMBER IKETTH BIRD VOT~__ ~~ TIE BREAKER MAYOR TAMMY de WEERD vOT~r___-_ MAYOR~~7~lMNiY de ATTEST: IAM G. BERG, JR., Copy served upon: ~ Applicant -~ Plamring Department +/ `Public Works Depa~tmem ~~ City Attorney By: A ~41~ Dated• 3-~-oL~ ~~ City Clerk's Office CITY OF METWTAN FTNDINCfS OF FACE. CONCLTJSIONS OP LAW AND DECISION & ORDER CASE NO(S): AZ~OS.066 - PAOE ~ of 3 • • ~. CITY OFMERIDIAN PLANNtLdG DEPARTMENT STAFF REPORT POR TfIE t~EARiNG DATE OF MARCH 7, 2006 S'xAI+'F REPORT City Council Hearing Hearing Date; 3/7/2006 TO: Mayor and City Council FROM: Josh Wilson, Associate City Planner SUBJECT: Meridian Veterinary Clinic • A~-OS-066 f7f1'7P ~~, w..ru5 ~• .' Aaaexadon and Zoning of SO acres fmm Rl2 {Ada Colwty) to C-G ions 1. S~OMMARY DESCRIlPTiON OF APPLICANT'S REQUEST The applicant, 3oe T'hompsa~a of Architecture Northwest, has appAed for Annexation and Zoning (AZ) of .SO acres fi+om Rl2 (Ada Courty~ m C•C} (General Retail and Service Coaunercial) for the construction of a new building at an existing veterinary clinic. The site is locri~ed on the south side of Franklin Road, west of N. Meridiaa Road. The site is cumenfly vacant and a veterinary clinic exists oa the property which is adjacent. 2. 5U'MMA1tY RECOIVIIVI~NDATION: The Meridian Planning and Zoning Commission heard the item on February 2, 2006, At the public hearing they moved to recrnnmend approval a. Summary of Pnbllc Bcsrtng i. Ia favor. Joe Thompson ii. In oppositions None. iii. Commenting harry Beckham iv. Staff pt+eseirting application: v. Odrer staff commenting o~n application: b. Key l+ssues of Disca~don by Commission: i. Alternative Compliance for retluired landscaping along the west property line and the desire to ~ Landscaping alat-g Franklin Road. c. Key Conamissian Changes to StaffRecammendantan: i. None. d. Oatstandiing iissne{a) for City Conncil: i. None. 3. PROPOSED MOTIONS Approve I move to approve File Number AZ-05-066 as presented in the staff report for the hearing date of March 7, 2006, with the following modifications to the conditions of approvaL• (add say proposed modifications). Dewy i trwve to deny File Number AZ-OS-066 as presented in the scoff report for the hearing date of March 7, 2QQ6, for the followiag reasons: (you must state specific rayons for denial). Continue Y move m continue the public hearing for File Number AZ•OS-066 to (date ). 4. ApPiLiCATION AND PROPERTY FACTS Mcridien V~etinary clinic AZ-OS-066 PAGE t s CITY OF MfiR[DU1N PLANMNfl,DEPARTMENI' STAPFREPORT FOR THE llEARIIdCi DATE OF MARCH 7, 2006 a. Site Add='as2ocation: South side of Franklin Road, west of N. Meridian Road/ 41 S W. Franklin Road NE'Y, NE %, Section Y3, T3N R1W b. Owneas: Scott Higer 415 W. Franklin Road Meridian, Idaho 83642 c. Applicant: J~ Thompson, Architecture Northwest 22416x' Avemie S. Nampa, Idaho 83651 d. Representarivec Joe'Tlwmpson e. Preaerrt Zoning: R1Z (Ada County) ~ Present Comprehensive Plan Designation: Commercial g. Applicant's Justification Statement (from application materials): "We feel that developing the property as commercial would be a better ftt with the surrounding land uses. Conceptually, our client is proposing to use the parcel to expand his Veterinary facilities to meet our increased customer demand. The proposed 7,200 sq. R. facility would be located on the south end of the subject parcel." S. PROt~SS FACTS a. The subject application will in fact constitute a annexation a8 determined by City Or+~nance. By reason of the provisions of UDC 11-SB 3, a pubUc hearing is required before the Planning and Zoning Commission arnd City Council on this matter.. b. Newspaper rxoti$cations published on: January 16 and 30, 200b c. Radius notices mailed to properties within 300 feet on: January 6.2005 d. Applic~at posted notice orl site by: Jamtaty 24, 2006 6: ILAND USE a. Existing Land Use(sy: Vacant with existing veterinary clinic on adjacent parcel which fronts on Frmtltlin Road b. Description of Character of Suaoundiag Area: The area along this portion of Franklin Road is developed as mostly commercial, with some industrial and residential uses to the west of the site. c. Adjacent Land Uae and Zoning 1. North: Louisiana Pacific manufachning plain, zoned C-{3 and I L. 2. Fast: E~sting residence and vacant land, zoned C-G. 3. South: Existing office building is Trouttter Business Fark, zoned C-G. 4. West: Existing office building in Troutner Business Park, zoned C-G. d. history of Previous Actions: None. Meridian Veterinary Clinic AZ-oS-066 PAGE 2 • C171f OF MERIDIAN PLANNINti DEPARTMENT' STAFF Rt$ORT POR THE HEA,RINO DATE OF MARCA 7, 20tt6 e. Facisting Constraints and Op~rtunities 1. Public oi-aa~ Location of sewer: Tn w. bYanklin Road Location of water: In W.. Franklin Road Issues o= coacans: None. 2. Vegetation: None, 3. Floodph4in: NA 4. CanalsJDitches Irrigation: No major facilities. S. Aazards: Nane. 6. Proposed darting: GG 7. Size of Property:.S0 auras h. Proposed and Required NarrResidential 3etbaclcs: per the L=0 zone C-G Standard Front 0 feet Side 0 feet Rear 0 feet Max. Building Height 65 feet Min. Lot Size Noae Min. Streat Fi9ontage None i. Summary of Prapos$d Streets and/or Access (private, public, common drive. etc.): The aces to the site will be from as existing curb cut on Franklin Road. 7. COMMEN'lr8 N1L~ETING Oa January I3, 2006 Planning Staff held an agency comments meeting. The agencies and depaatmeuts present include: Meridian Fire Department, Meridian Police Departimeat, Meridian Parks Department, Meridian Public works Department, and the Sanitary Services Company. Staff bas included all comments and recommended actions as Conditions of Approval in the attached Txlrsbit B. 8, COMPREHENSltVE PLAN POLICIFS AND GOALS 'The 2002 Comprehensive Plan Future Land Use Map designates the subject praperts- as 'Commercial'. In Chapter VII of the Comprehensive Plan, `Commercial' areas axe araicipated to provide a full range of commercial and retail to serve area residents and visitors. Ue~ may include retal, wholesale, service and office uses, multi-family residential, as well as appropriate public uses each as goverumant offices. Staff finds that the requested C-G zoning generally conforms to this stated purpose and intent of the co~oanomcial designation within the Coraptehensive Plan. Staff Inds the following tJoal®, Objectives, and Action items contained is the 2002 Comprehensive Plan to be applicable to flue application (st~''analysts rs in italics betow~ltcy): • Ktequixe all wmmeacial busimesses to install and maintain landscaping." (Chapter V, t9oal III, Objective D, Action item 5) Mwidiat- V~ip~}r CWdc AZOS-Oe6 PAOE 3 CITY OP MERIDIAN PLANNING p~ART STAFF REPORT FOR THE HEARING DATE OF MARCH T, 2006 Tice applicant is not spec+9ieally P~~g to install any landscaping wid, the subject annexation aivplicalion. The applicant will be.regWired to submit a development application prior to constructing any use orr the site. fPhert the futrire development application(s) are processed lry the City, the applicant will be required to construct landscaps~g which complies with the Unified Development Code. • "Pemoit new ...commercial development only where urban services can be reasonably provided at the time of deal approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item ~ The subject site can 6e serviced by the City of McMdian's sanitary sewer and water systems: • "Plan for a variety of commercial aal retail opportuniries within the Impact Area." (Chapter VII, Qoal ], ObjewiveB) The promised use does contribute to the variety of commercial uses in this area, os envisioned with the Comprehensive Plan. Sta,,{j'finds drat a C-C zone !s harnwnious with and in accordance with the Comprehensive Pla». 9. ZONING ORDINANCE s. Zoning Schedule of Use Control: UI>C 11 2B-2 lists animal care facDities as a Permitted use in the C-G zone. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the aizE and scale of commercial accommodated is the district, the scale and mix of allowed commercial ease, and the location of the district i>i proximity to streets and highways. Ttl. ANALYSIS a. Analysis of Facts Leaditag to $taffRecomtanendatioa ANNEXATIf N ANALYSES: Basal on the policies and goals contained in the Comprehensive Plan sand the general eompliarsee of the proposed developm~t with the Zoning Ordinance, staff believes that this is a good location for the promised annexation and veterinary clinic. Please see F~rhibit D for detailed analysis of >~ and Endings. The armexatioa legal description submitted with the application (prepar+ed oa December 13, 2004 by Darren Leavitt, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. That the applicant will be responsib~ for all casts associated with the mover said water service extensiom. Any existing domestic ti-ells atul/or septic systems within this project will have to be removed from their domestic service, per City Otdinance Section i-7-S 17, when services are available from the City of Meridian. Wells may be used for non da~mesde purposes each as landscape irrigatloa. That all future development of the subject property stall be constructed in accordance with City of Meridian ordinances is effect at the time of development. All future uses shall not imiolve uses, activities, proc~es, materials, equipmem sad coadidans of operation that avill be Meridiem Vderinery Ginia A7r05.066 PAGE 4 • CITY OF MBRIDYAIV PLAIVMItiG pEPARTMt?N'I' STAFF REPORT FOA TFIE 13EARIiYQ DATE OF MARCH 7, 2006 dettin~t~l to any persons, property ar the general welfare by reason of excessive production of traffic, noise, stake, funt~, glare or odors. lal Considerations: Staff is generally supportive of the pr~aQed site design as presented is the conceptual site plan, labeled as Sheet A-1.0, dated Aagust 12, 20Q5, with the followig comments: P~~ Lands~3,~jg;, UDC 11-313-01 requires a flue-foot miadatum perimeter landscape buffer along all interior Iot lines adjacent to parking, loading, or odter paved vehicular nse areas. This landscape buffer shall be planted with one tree per thirty five lineal feet and shrubs, lawn, ar other vegetative grovralcover. The submitted site plan does not depict the required latdscape strip a[ong ills western property line. u appears that due to the location of the existing building, there is iosufftclent space. to provide the required five-foot strip and Alternative Compliance may be appropriate. The applicant should be aware that they will be requin~ to submit as Alternative Contpliaaee application with the application for Certificate of Zoning Compliance and the Planning Director will make the determination whether the proposal nteeffi the regnuemeais of UAC 11 SB-S. ~y (ar~ttrtent a>nd SSC Access: The Meridian Fire Depaotometrt and Saniwry Services - C} Have c~rttutented that the drive aisle on the weal side of the proposed bur~ding must be twenty feet is width acid marked as "No Packing". g Adiacem to New Budding: The submitted conceptual sifle plan shows ten parls~g spaces adjacent to rite proposed budding, ir~ludfigg one handicap accessible space. The Meridian Fire Department and SSC have conmmelated that the turning radius at the corner of rite parlang spaces affi the drive aisle on the west side of the building is insufficiem. Tke applicant should eliminate the western-most space slang the proposed building to address this concern. The UniSed Development Code also requires that a landst~ planter be placed at the end of the row of parking, which contains vegetative gro»~cover and at least one tree. With cite elhninatioa of rite one parking space aml the placetnont of a planter at the end of the row of parking, the ¢tuning radius will be sufficient for the Fite DeparCment and SSC. The applicant shall submit plans for the required Certificate of Zoning Compliance which address and remedy these concezns, and comply with the Unified Development Code. Friar to the annexation ot+0iaance approval, a Develapm~tt Agreement (DA} shaIl be entered into between the City of Meridian; pmpeety owner (at the time of annexation ordinance adoptions and the developer, ~e aoplicant shall ~cegct the Cifivey. Bill Narv. at 888.4433 to initiate this prwitlun l 8 mgyf City Couacioyal of the annexatioln The DA shall incorporate the following. - • That all future uses shall not itnrolve uses, activities, processes, nAateriala, equipment and conditions of apeaation that will be detrirttetttal to nay Persons, pmperty ar the general welfare by teases of excessive production of traffic, noise, smoke, Runes, glare or odors. • That all future development of the subject progeiRy shall be cansttucted is accordance with City of Meridian aadiaaa~ in effect at the time of development. • That the applicant will be r~ponsrble for all cysts associated with fire sewer and water service extension. • That any existing domestic wells and/or septic systems within this project will have to be removed front their dora~tie service, per City Ordinance Section 5-7-517, when services are available &ozn the City of Meridian. Wells may be need for aoa-domestic purposes such as landscape irrigation. Mardian VeterinaryClinic A2-0S-066 PACrE S • • CtPY OF MSRtUUt~t PLANNriVO DEPAR7MElVT STAFF REPORT FOR TF1E HEAWNG DATE OF MARCH 7. ?.006 • Thtd purior to issuance of a Cerd~Scate of zoning Compliance for construction of the new building, the applicant shall submit a rocorded cross access and perking easement between the two parcels. b, Staff Recasmnendation: Staff recommends approval of AZ-05-066 for Meiid~ian Veterinary Clinic as presented in the staff report far the heating date of March 7, 2006 based on the Findings of Fact as listed in lF.xhibit D and subject to flue approval comments as listed in Exhibit H as attached' to this report. Staff bas pt~ted findings const~~t with tlds recommandatioa 11. EI~IT3 a ntaw;ng~ 1. Conceptual site Plan B. Conditions of ~-pproval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Depat'tuaenR 6. Satritary service Conopany ~. Asa County HighwayDistrict C. Legal Description D. Requited Findings from Zoning Ordinance Meridim Vetain~y Clinic AZ-05.066 PAGE 6 CITY OF MBRiDIAN PI.ANNIN(I DF~ARTMENT STAFF REPORT FOR THB HEARING DATE OIL MARCH 7, 216 A Dxavvings 1. Conceptual Site Piaa Exhibit A • CI1Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARAVO DATE OF MARCH 7, 2006 i~ s ... _._ _ _....._... w. paa~acuN Ro..... , ; ..~ .. !s'~~~~~~i~~ ~ ~ : ~~~~~~~:tq '3 9 t+~±' ~~ .I. Exh~it A -'P'+~a...w .e _ ;rte,-sue.: ta~:•T:3-,v.~vv..-•..., ' •- -.• L ® • CI'[Y OF MERIDWN PLANNING DEPARTMENT STAFF REPORT FOR TH>r HEARIPVO DA't~ OF MARCH i, 2006 B. Cor~itions of Approval 1. P1,AMVDVQ DLPARI'MFd11'1° 1.1 ANNEXATIpN COMMENTS Prior to the atme~tion ardinat~ce approval, a Developmcet Agreement (DA) shall be entered into b~ween the City of Meridian, property owner (at the time of amtexation ordinance adoption), and the developer. leant _shall rnntsnt t1,P G'j~ A~n,ti,,,~~ B171 Nate et 88$.4433 to iniKnfp t}~;c ~..n;~s ~,~, , o cuvnws or ~.,itv ~:ouncir ~gpmva[ of me , ation remrest. The DA shall incorporate the following: • That aU future uses shall not involve uses, activities, processes, materials, equipment sad conditions of operation that will be detrimental to atry persons, property or the general welfare by reason of BxcesRive production of tra~lc, noise, smoko, fumes, glare or odors. • That all future development of the subject pzoperty shall be constructed an accordance with City of Meridian ordinances in effect az the time of development. • ~the~ licant wall be t+~po~ble for aII costs associated with the sewer and water sert+ice • 'That any existiu8 domestic wells andlor septic systems within this project will have to he removed from their domes;ic service, per City prdinance Section 5-7617, when services are avaihtble firna the City of Meridian, Wells may be used far ttoadomestic purposes such as la>idsc~e itxigatioa. • That prior to issuance of a CeniBcate of Zoning Compliance for construgioa of the new building, the applicant shall submit a recorded cross acxe9s and pig t between the two parcels. 2. P[JB1.tC WORKS DEPARTMENT 1. The proposed.projerx has ~ Public Works concerns. 3. F~ DEPART1Vt&NT 1. The proposed project has no Fire Departmem concerns. 4. POLICE DEPARTMENT 1. The Police Department has Sao cones=rn~s related to the a~lics3tion. 5. PARKS DEPAQTMENT 1. The Paths Department has no concerns related to the application. 6. SANITARY SERVICES COMPANY 1. 33C has no concerns related to the application. 7. ADA COIJN ['Y HIGHWAY Dl9Tlt1CT 1. Appaoved with no conditions. Exhibit 8 c POOR COp~Y ~. .K,. y i T fit'' .. ~ i ~, ~• 1 'J _ ~ ~ r 1 ~ V ~ S.t ~s 7 ~ 't~ ~ ~} 1 + 1 "1 ~ ~ t+~ , 1 . Q ~ ~~ CITY OF M6[LIDIAN pLANNRVG DEpARZMEN'P STAFF REPORT FOA THE DARING DAZE OF MARCH 7, Zpp6 f ~ 36 ~. ~~ ~+{ :~ s :~ E~?~i~•l CITY OP MEWDIAN PLAtJtVlP10 DEPARTMENPI' STAFF REPORT FOR THB HBARWG DATE OF MARCH 7, 2006 D. Regt:ired Findings froan?.oning Ordinancat 1. Annexation Findings: Upon reeommendetion fi om the Commission, the Conner shall make a fnU iavestigat[on and shall, at We pnblle hearing, review the applleation. In osier to >~>rt an annesation and/or rezone, the Coandi eball make the following findings: i, The map amendment wmplies vrlth the applicable provlsions of the comprehensive 0~; The applicant is proposing to zone all of the subject property to G-G. City C:ouacil finds that the proposed zoaiog map amendment complies with the applicable provisions of the comprehensive plan. PIease see Comprehensive Platt Policim and Cloak, Section 8, of the Stafflteport. 2. The map amendment coaaplia with the regulations outlined for the proposed district, spe~caIIy the purpose statement; City Council Bads that animal care facilities are allowed within the requested zoning di~rict of C-G as a Principally Permitted Use. The applicatat wi11 be requited to submit for approval of a Certificate of zoning Compliance prior to comment of any eonstcuctIon on the property, to ensure consplianc.e with City Code. 3. The map amendment smell not be materially detrimental to the prrbdic health, safety, and welfare; City Council finds that the proposed zoning amendment will. not be detriauental to the public health, mfety, or welfare. 4. The map amendment shall not result in s4 adverse impact upon the delivery of serntces bi' any political subdivision provldiug pgblte mrvlca within the Cfty including, but not limited to, school districts; snd, City Council finds that the proposed zoning amendment will not result ~ any adverse impact upon file delivery of services by suy political subdivision pmvIdigg services to this site. 5. The arorsaatioa ie is the bNt of interest of the City (UDC 11-3B-3.~. City Council Enacts that all essential services are available or will be provided by the developer to the subject property and will not t~equire urueasonable expenditure of public . fiaads. The applicant ie proposing to develop the land in general compliance with the City's Comprehensive Plana. This is a logical expansion of the City limits. Xiu accordance with the findings listed above, ttaff Inds that Annexafo~gand Zoning of~_„ovmnerty to C-G would be in the best interest of the C,`ity - - Fachi'bit D ,.. t GPS, $4t:,1DAIZY. 'I'C)POGRAFFIIC A~ ~.L• .Z,A. SirRVEYS a g~~w CO~STitt3CTI4~~;r°T~P.~{I:~tG lend 5~r~-~~in~~ ~EEles 333~SC.~t~T~G iT2~. ~. S#~fe S#r~t ~ ~~if~ 1i~ ~ Eagie, ~a~ro 33616 a ~i~~: 1-20i~-93~~•i373 m fax: 1-=93~-7321 Soh No. 05913 12-T 3-115 D.R.L. 3<,EG~ ii3E~CiRi1P'3["IO'_~' i~`E~R ~~T`f' IFIIi'~ER ~,`~'ietE~'I'YtDh ~ portion of the No.t-1~~ oftlae i~o_rthwzst 1!~ ++f`~ Noreheas-t QfBectaon 13, ~ciwrisiiip 3 N'or#!i, Range I West ~1he Boise~~cridia:.+~. Ada Countti~, Idaho, described as fc~llo~~s.: Carr~mencin~~ar the ~Nz~n.~st corner of SectiaA 13, Tou~sship 3':~iarth, Rarer 1 ~Jtrst ni' ttie 13c~:ise `I~![er-idian, Aiie Co:annty, Idahay end n~i~g thence aVest t 452.3: ;feet eiong the NortfR I:i#te~ of sacra section to the PQ33~~' ~i" BEC~dNaV'Ii~G: thence ~0°'I3'~B"tai 3 3 .i. I:0 feet; .ti~ence 3/'ast 124.110 feet; thence NO° 13'48"E 150.00 feet; ttrericre '~,V~t 99.0 €ec~ tle~tc~ 1`!0°I3'~48"E ~63.i~ feet to tI~e forth Iine of said section: ttter~ce ~4'est 25.x0 feet tcs.the paint ~ot isegiitni~ng. i?!arccl ~coi~s 0.5'~ acres vvliici~ inelucfes pr4pased right of-t~a~- aior~g F.rar~lckin Road. • • October 19, 2~7 MERIDIAN CITY COUNCIL MEETING October 23, 20Q7 APPLICANT ITEM NO. S-L REQUEST Permanent and Temporary Easement Contract for the Construction of the Sanitary Sewer for the Black Cat Phase 4 Schedule A Trunk by DBSI Tanana Valley, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Mat®rials presented at public meetings shop become property of fhe City of M®rldtan. City of Meridian 33 East Idaho Street, Meridian, ID 83642 PERMANENT AND TEMPORARY EASEMENT CONTRACT Project # and Description: 10-06-059 Black Cat Sewer Phase 4 Parcel # and Owner: S1130212450 DBSI Tanana Vallev LLC Date of Offer: September 11.2007 THIS RIGHT-OF-~VAY CONTRACT, made this day of September 2007, between the City of Meridian, acting by its Mayor and Council, herein called "CITY" and DBSI Tanana Valle~LLC, herein called "GRANTOR". WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Temporary Construction Easement and Permanent Sanitary Sewer Easement included herewith as Exhibit A and Exhibit B, respectively. NOW THEREFORE, the parties hereto agree as follows: 1. A. CITY shall pay GRANTOR such sums of money and/or benefits as aze set out below. Note that gross vahu~tion basis was obtained from Grantor's appraisal. ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE (Ftz) ($/Ftz) FACTOR ($) Permanent Easement 992 $10.00 50% $ 4,960.00 Temporary Easement 37,418 $0.00 10% $0.00 TOTAL EASEMENT CASH SETTLEMENT AMOUNT 60.00 A. The CITY shall delineate the temporary construction easemem area with cones, barricades or stakes and nbbon and such delineation shall be maintained through completion of construction. All construction activity shall occur. within the temporary construction easement area unless the City's Contractor has secured separate approval from B. The CITY agrees to maintain irrigation delivery and other utilities during construction. Any damage to said irrigation system or utilities as a result of the sewer line construction will be expediently replaced or restored by the CITY at its sole expense, to a condition comparable to that existent prior to undertaking the construction. 2. The Grantor may choose from two options for just compensation for both the permanent and temporary easements as determined by a certified real estate appraiser. ^ Cash Payment* in the amount of X Donation value of the easement $0.00 $ 4960.00 *Grantor will receive payment for the permanent easement within four weeks following the recording of the easement and acquisition of the easement preparation contract noted in Item lE above. 3. This Contract shall not be binding unless and until executed by the Mayor and/or their authori~d representatives. The parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for the granting of said easement and shall relieve the CITY of all fiuther claims or obligations on that account or on account of the location, grade, construction and maintenance of the proposed sanitary sewer line. 4. The parties whose names appeaz below as Grantors, covenant and warrant That they are the OWNERS of the property to which this document applies, aze fully authorized to execute this document and forever bind themselves, their successors and assigns and the subject property to the terms set forth herein. Usoisa&lesu+utlic~rroj~tManegerslPHIQlaoG.oss Htaclc cm. rtia~Emam~ts~Re~ra~Kestam waem~t.do~ Page 1 of 2 IN WITNESS WEREOF, the parties have executed this contract the day and year fast above written. CITY OF MERIDIAN By: Tammy de Wee yor GRANTOR DBSI Tanana Vall C By: F \````````>>\Itt{1!ltlll/rrt.'J'',f`si ~{~~, .~ ATTES ` ~ ~~~ ~~ '• William Berg, Jr., City Clerk __ __ - ~~~s~ _ /~j ' t ~ ~ Date approved by Council: ~/ ~~ ~ ~ Z3, ?,pp"] =- ~~ pp''~~ `~ II ~ 4 ',','lfJtr!!ltfit t41441N4~ei''6 Page 2 of 2 \1BomefilosYPubik\ProjeaMmagore\YHK\IO.O&059 Black Cat Pfi4entslKesaraYKastaa asameatdoe ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 E BOISE IDAH011/15107 01:31 PM DEPUTY Lisa Irby II I I' II'~'I'I' II) I I I II I II I II~"' II ~II RECORDED-REQUEST OF Meridian Ciiy 1 ~~ 1 ~~# 1 ~? This sheet has been added to document to accommodate recording information SANITARY SEWER EASEMENT BLACK CAT SEWER PHASE 4 DBSI TANANA VALLEY LLC SANITARY SEWER EASEMENT THIS INDENTURE, effective this ~ ~ day of~~~, , 2007, by the undersigned DBSI Tanana Vallev LLC., who maintains a mailing address of i 550 S. Tech Lane, Meridian. ID 83642, hereafter referred #o as "GRANTOR" forthe benefit ofthe City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY". WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the CITY; NOW, THEREFORE, inconsideration of the benefits to be received bythe Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the CITY the right-of--way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line aver and across the following described property: (SEE ATTACHED EXHIBITS A & B) The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of reasonable access to such facilities at any and all times. The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire upon completion of the sanitary sewer line. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY, its successors and assigns forever. 7. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall have the right to use and improve the easement area for uses which do not intertere with the use of the said easement or the purposes stated herein. Such uses shall include, but note be limited to landscaping, a tree selection that is coordinated with the CITY, ingress, egress, driveways, roads, parking, temporary storage, farming, pathways and utility extensions. THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be placed any permanent structures within the area described for this easement that would interfere with the use of said easement, for the purposes stated herein. SANITARY SEWER EASEMENT, Page 1 of 3 2. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking Such construction, repairs and replacement. However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. 3. CITY agrees to indemnify and hold harmless the Grantor and subsequent owners of any loss or claim that is directly attributable to the City's utilization of the described permanent sewer easement that is not set forth herein in this easement. THE GRANTOR does hereby covenant with the CITY that it lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parEies have hereunto subscribed their signatures the day and year first hereinabove written. By: STATE OF IDAHO} )~ County of Ada ) On this day of /~ ~i'' , 2007, before me ~d~~~~~ ~~~, , personally appeare , ~ o ~ ,proved to me on the basis of satisfactory evidence to b the person whose names is subscribed to the within instrument, and acknowl~dd,that they executed the same. e m~~00~~~~~~a o Nm ~~~~+~®® ® .~~~ ~IO~ARY PUBLIC FOR IDAHO ® a e Q,pdT~BQeFHa pPe,~1y Commission Expires on p SANITARY SEWER EASEMENT, Page 2 of 3 Beneficiary: CITY OF MERIDIAN BY: ' ~: j~ ,~. r Tammy de W r ,Mayor ~ ~ - o .~ ATTEST: ~ = ~ S i liam Berg,~Jr., Ciiy CI ;f~e~r ~,~ , ~ ~3,~.,~~ 1 Date a rove Z3 /Zoo 1`'"~++"°\\~~t'~t~`~ ~N d f,y Council: Cf'i~~ , SANITARY SEWER EASEMENT, Page 3 of 3 Project: 10-Qb-074 Date: July Z0, 2007 EXEfIBIT A PARCEL DESCRIP710N FOR A PERMANEM' EASEhM1ENT , That portion of the Northwest'/4 of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, idaho, and more particularly desrnbed as follows: Commencing at the Northwest comer of Section 30 from which the North ~ corner of said Section 30 bears North 89'42'09" East, 2,450.83 feet; thence South 44.5833" East, 98.31 feet to the Easterly right of-way of Kung-Meridian Road the POINT flF BEGINNING; thence along said right-of-way North 00'2321' East, 4.91 feet to the Southerly right-of-way of Victory Road; thence along said right-of-way North b7` 11'22° East, bZ.92 feet; thence South 00`00'00" East 29.30 feet; thence South 90'00'00: Wit, 58.04 feet to the POINT OF BEGINNING_ Containing 0.023 acres {992 square feet), more or less. J-ttt3 tIVCaINEERS, Ii1G Graegory E. HoUcesvig, P.LS. GEH:Ihc P:w~nct~o-as-ass ata~x cat ~t~~taob-os9 rne~~,-vcc«y Pe,M.do~ i ~ f~~ ~o --G ` - -~G- ~-- ~ ~r~~ G~STf~ ,f ar PL h ~~ G ~ ~ ~ j 4~ 1 i l ~\~ F~ Hof `° y I I I ~ ~ °~r F xo~~~s L~ ! i ~h5~t+ -v- -w- - I P.Q.C.- ~ ~ - - - - - i 25 ~S~ ~ W. VICT(3RY RGAD ~~_~_,- -~-- ~,- __~_ I --.~- trr ~~- 1 N6Z'L~'~-i~L-~'~~ -- - ~c~ i3S,I ~ ~ 6292' - - - --x I `~,~~ ~' r'' f 4 ! ~ SOSO'aa'Qa"E s-----s ----s- - -~ G--~-~ P.~ B. E ' ° f t z I f ; sso'oa oa w ' e ~ x ss.o4 ~ Q a? ~ f Na023'2i°E 4 9i 1 i f S7 302 245a .~ W f= I I f f f tTD INGRESS~EGRESS EASEMENT ~ I ~ tNSi: NO. 8742735 f Zf Q I f y I ~ ~ ~ f ~ f f I 1Y. ~ f L_EGEN D J L SECTION LINE - - ( '~ ~ ` PERMANENT EASEMENT RIGHT OF WAY - - - - rt/w TEMPORARY EASEMENT ~ - SCALE: 1 " -5D' ' EXHIBIT A 1 s-~, ~ ~ MERIDIAN ADA COUNTY IDAHO ~ B1ACK ~ q of ~~~ 'I Project: ,10-06-074 _ Date: July 20, 2007 EKtitBf!' B PARCFI dESCRtPTtON FOR A TEMPORARY EASEMENT That portion of the Northwest Y of Section 30, Township 3 North, Range i East, poise Meridian, Ada County, Idaho, and mare particularly described as follows: Commencing at the Northwest comer of Section 30 from which the North ~/ earner of said Section 30 bears North 89°421)9' East, 2,450.83 feet; thence South 44°58'33" last, 48.31 feel w the Easterly right-of-way of Kuna-Meridian Raad the PQtNT OF BEGINNING; thence North 90'QO'i>a" East, 58.04 feet; thence North QO'QO'OQ' Fast 29.30 feet to the Southerly rift-of-way of ~Ctory Road; thence along said Southerly right-of-way the fallowing 3 courses: 1. North 67° 11'22' East, 2.37 feet; ' 2. North 85°58'45" East, 89.71 feet: 3. North 89°24'51' East, 51.63 feet: thence South 00°44'OI' West, 200.00 feet; thence North 89°2543" West, 200.00 feet to the Easterly right-of-way of Meridian-Kona Road; thence along said Easterly rlghE-af-way North 00'25'50' East, i60.9b feet to the POINT OF BEGINNING. Containing 0.859 acres, more or less. Prepared by: J-II-B ENGINEERS, inc. Gregory E. tio[kesvig, P.LS. GEH:[hc P:1PHk\1Q-Ufi-059 Black Cat PM4tEasernent5\to-06-054 Mer~dfan-YicmrY TemP.doc N G ; I 1 t ~ ~ 1 1 ~ n I `i ~' n 1 j t 1 0 1 `t. ~ 1 ~ 1 1 11 ~~ ~ ~ I# t W. VICTQRY RQAD l P.O.C. ,,, N0~7'00'00"E N67'11'22"E N85~8'45' 25 s l ~ s~~ ~ 29.30 ~.3Z-_-u~~.~.~.~tIT= f `}'~ ~ ~~ 1 ~,~ m t a~ ~ - -y`-G--~ P.B. 1 F ~ cK4 °1 t~ Er 1 1 1 `~ ~ W1= 1 I 1 1 _~ 1 1 ~ Qj ~ 1 Yi f `~ { j ~ i ~# LEGEN D 0 SECTiflN UNE - - - PERMANENT EASEMENT RIGHT OF WAY - - - - R/1N TEMPORARY EASEMENT o ~ SCALE: 1 "=50' ~~ PARCEL S1130212450 ~~,~ ~o ;~ ~6S S Ffq '~G 0 ~ ELF ~~~jZo1o~ ~ U i'TE OF ~gP y` ---r`~ J8 4'51°E 'Qr===~= -x 5- FUTURE a SEWER /o ~N / o INGRESS\EGRESS EASEMENT/ .8742736 EXHIBIT 8-1 IIDiAid ADA COUNTY IDAHO 1 BLACK CAT S~'EA - PNABE 4 ~ TennPOr~AFrr ~as~Enrr j Memo To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Len Grady, City Engineer Dates 10/18/2007 Re: Proposed Agenda Item for October 23, 2007 City Council Meeting ~~ty ~~~ ~~y~~i~-r ~~t~ ~1~~~~ ®~~~. The Public Works Department respectfully requests the following item be placed on the October 23 City Council agenda, under Consent Agenda, for Council's consideration. 1. Permanent and Temporary Easement Contract for DBSI Tanana Valley LLC. A permanent and temporary easement has been signed by the DBSI Tanana Valley LLC for the construction of the sanitary sewer and bore pit on their property for the Black Cat Phase 4 Schedule A Trunk. Recommended Council Action: The Public Works Department recommends that City Council approves the permanent and temporary easement contract for the construction of the sanitary sewer on this property for the Black Cat Phase 4 Schedule A Trunk and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. _~r 7 • Page 1 • City of Meridian 33 East Idaho Street, Meridian, ID 83642 PEIBMANENT AND TEMPORARY EASEMENT CONTRACT Project # and Description: 10-06-059 BlackCat Sewer Phase 4 Parcel # and Owner: S113Q212450 DBSI Tanana Valley LLC Date of Offer: September 11.2047 THISRIGHT-0F-WAY CONTRACT, made this day of September 2007, between the City of Meridian, acting by its Mayor and Council, herein called "CITY" and DBSI Tanana Valley LLC. herein called "GRANTOR". WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to ~e CTTY a Temporary Construction Easement and Permanent Sanitary Sewer Easement included herewith as Exhibit A and Exhibit B, respectively. NOW THEREFORE, the parties hereto agree as follows: 1. A. CITY shall pay GRANTOR such sums of money and/or benefits as are set out below. Note that gross valuation basis was obtained from Grantor's appraisal. ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE (Ft'1 ($1Ft~ FACTOR ($) Permanent Easement 992 $10.00 50% $ 4,960.00 Temporary Easement 37,418 $0.00 10% $0.00 TOTAL EASEMENT CASK SETTLEMENT AMOUNT $4960.x! A. The CITY shall delineate the temporary construction easement area with cones, barricades or stakes and nbbon and such delineation shall be maintained through completion of construction. All construction activity shall occur within the temporary construction easement area unless the City's Contractor has secured separate approval from the Grantor. B. The CITY agrees to maintain irrigation delivery and other utilities during construction. Any damage to said irrigation system or utilities as a result of the sewer line construction will be expediently replaced or restored by the CITY at its sole expense, to a condition comparable to that existent prior to undertaking the construction. 2. The Grantor may choose from two options for just compensation for both the permanent and temporary easements as determined by a certified real estate appraiser. ^ Cash Payment* in the amount of X Donation value of the easement $0.00 $ 4960.00 *Grantor will receive paymem for the permanem easemem within four weeks following the recording of the easement and acquisition of the ea~ment preparation contract noted in Item 1 E above. 3. This Contract shall not be binding unless and until executed by the Mayor and/or their authorized representatives. The parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on account of the location, grade, construction and maintenance of the proposed sanitary sewer line. 4. The parties whose names appear below as Grantors, covenant and warrant that they are the OWNERS of the property to which this document applies, are fully authorized to execute this document and forever bind themselves, their successors and assigns and the subject property to the terms set faith herein. Page 1 of 2 ~~eot~su~uewo,~ut.~exxao.asosv s~ Ca rte ~u«. omartant.doe r~ L IN WITNESS WEREOF, the parties have executed this contract the day and year first above written. CITY OF MERIDIAN GRANTOR ~~SI Tana a Vall By: sy: Tammy de Weerd, Mayor ATTEST: William Berg, Jr., City Clerk Date approved by Council: Page 2 of 2 \1Bp'uefilealPn4tic{lhojxlMs~gasVPHRUO-06059 Black Cat PH41Easememe\tCemdKec~ mmmt.doe SANITARY SEWER EASEMENT THIS INDENTURE, effective this day of , 2007, by the undersigned DBSI Tanana Valley LLC., who maintains a mailing address of 1550 S. Tech Lane. Meridian. l D 83842, hereafter referred to as "GRANTOR" for the benefd of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, ldaho 83642, hereafter referred to as °CITY". WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the CITY; NOW, THEREFORE, inconsideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the CITY the right of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBITS A 8~ B) The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line, Nether with maintenance, repair and replacement at the convenience of the CITY, with the free right of reasonable access to such facilities at any and all times. The temoorarv construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire upon completion of the sanitary sewer line. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY, its successors and assigns forever. 1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall have the right to use and improve the easement area for uses which do not intertere with the use of the said easement or the purposes stated herein. Such uses shall include, but not be limited to landscaping, a tree selection that is coordinated with the CITY, ingress, egress, driveways, roads, parking, temporary storage, farming, pathways and utility extensions. THE GRANTOR(S) do hereby covenant and agree that they will nat place or allow to be placed any permanent structures within the area described for this easement that would interfere with the use of said easement, for the purposes stated herein. SANITARY SEWER EASEMENT, Page 1 of 3 • 2. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. 3. CITY agrees to indemnify and hold harmless the Grantor and subsequent owners of any loss or claim that is directly attributable to the City's utilization of the described permanent sewer easement that is not set forth herein in this easement. THE GRANTOR does hereby covenant with the CITY that it lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all pen~ns whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. DBSi Ta a atle LLC By: STATE OF IDAHO) )~ County of Ada ) On this ~ day of Vii' , 2007, before me ~G~e"c~l,'i/~~! =Sf'7'f1, personally appear ~ ,proved to me on the basis of satisfactory evidence to the person whose names is subscribed to the within instrument, and acknowledged. that-they executed the same. NOTARY PUBLIC FOR IDAHO ,: ~, " " ' '~,lVly Commission Expires on C ..'R~~ SANITARY SEWER EASEMENT, Page 2 of 3 Beneficiary: CITY OF MERIDIAN BY: Tammy de Weerd, Mayor ATTEST: William Berg, Jr., City Clerk Date approved by Council: SANITARY SEWER EASEMENT, Page 3 of 3 • • Project: 10-06-074 Date: July 20, 2007 EXHIBIT A PARCEL DESCRIPTION FOR A PERMANENT EASEMENT That portion of the Northwest Ya Of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more partia~arly described as follows: Commerrchtg at the Northwest comer of Section 30 from whkh the North'/, corner of said Section 30 bears North 89'42'09' East, 2,450.83 feet; thence South 44'58"33" East, 98.39 feet to the Easterly right of-way of Kona-MerMian Road the POUif OF BEGINNING; thence along said right-of-way North 00'2321' East, 4.91 feet to the Southerly rightof-way of Victory Road; thence al~g said right-af-way North 67'14'22' East, 62.92 feet; thence South 00' OIT~" East 29.30 feet; thence South 90'00'00" West, 58.04 feet to the POINT Onr BEGINNING_ Containing 0.023 awes (992 sere feet), rrwre or less. Prepared by: J-U-B ENGINEERS, Inc. Gregory E. Holkesvig, P.L.S. GFJi:lhc P:\PHK190-06-054 Black Cat PN41Eau~ne~110.06-059 Aee~tan-VicOay Perm.dac 1 ~ I ~ ~ I t n I ~ -c=-~•-- Vic- ~~- n i ; ~ 1 ,k n j ~ 1 ~ ~_ I I I ~ ~ ~ P'Q'G' ZJ `~S~ ~~ W. VICTORY ROAD,d~,,._ _- _ -trt =- - u --W- 1 - - - ut '''~~-- -1- ~ N~Z'11-'2~~ ~' ,+ yr =_ =mix ~S SS~I ~ 62.92' I ~~\ ~ ~.~ 1 ` _ D I ~ - S(1~0~0'00"E -s-----s ---s- ~ ~ ~ 29.30' - -~- G---g-J P.¢ B. I S90'QO'OO"W Z I 1 I 56A4' ® I 0 ~ ~ x ~ N0023'21"E ~ c~Ip ~ i 4.91 S1 30212450 • t I ~ IN ~ I (I~ 1 iTD INGRESS\EGRESS EASEMENT ~ 1 a I INST. NO. 8742736 i Zj ~ I I ~! I 1 ~ YI 1 I I 1 I: 1 ~} ~ LEGEN D ~ ~ sECTION LINE - - - PERMANENT EASEMENT RIGHT OF WAY - - - - R/~ TEMPORARY EASEMENT SCALE: 1 "= 50' ~;------- ~. .v..-..._ „~. ri~U•B, RJ ~ aoa ul~nr Jnal~o f v....~. mar.,.ro ,~/~~ B1M.lC GAT SEWEfl -PHASE 4 ~ ~.«~ ...,.,.,. P Eavr 1 • • Project: 1ao6-o~4 Hate: .Iu<y 20, 2007 EXHIBIT B PARCEL DESCRIPI7ON FOR A TFJwPORARY EASEMENT That portion of the Northwest Y of Section 30, Township 3 North. Range i East, Boise Meridian, Ada County, Idaho, and mare partict8arly described as follows: Commencing at the Northwest comer of Section 30 from which the North !Is corner of said Section 30 bears North 89'4209` East, 2,450.83 feet: thence South 44'5833" East, 48.31 feet to the Easterly right-of-way of Kona-McH~an Road the POINT OF BEGII~IiNG; thence North 90'0000' East, 58.04 feet; thence North 00'0000" East 29.30 feet to the Southerly right-of-way of Wcbory Rom; thence along said Southerly right-of-way the follow~g 3 courses: 1. Norda 67' 11'2Z' East, 2.37 feet; 2. North 85'58'45" East, 89.71 feet; 3. Nordt 89'24'51' East, 51.63 feet; thence South 00'4402' West, 200.00 feet; thence North 89'2543" West, 200.00 feet to the Easterly right-of-way of Meridian-Kona Road; thence along said Easterly right-of-way North 00'Z5'S0' Fast, 160.96 feet to the POINT OF BEGINNING. Containing 0.859 awes, more or less. Prepared ter: J-U-B ENGINEER, Inc. Gregory E.fioikesvtg, P.L.S. GEH•Ihc P:1PiiitllQ-Q6-059 Btarlc Cat Pi44lEasan~it406•U59 M~eridtan•~fl~tay T~.doc .- ~ l l l n ! I I I _.._.....~-~~ - IG- ~ ( n I ~ I a, n I o I ~. n I I I i ~~ I I 1 i ~ L_ I i W. VICTORY ROAD '~G-~- ~ t-G B:fl:BrW~IR9=4;x'09"-EW-G 2;450c8~'- I P.O.C. 2sJ ~ ~ N00'00'00"E N67'11'22"E Ng5~8'4~' 1 . sr~ ~ 29.30' ~ ~ _ ~'"'~.sJl~.#pT= f ___ us ~~-yfi ~ ~~ ~y 91 ' I ~~~ ~~~r I ~~ ~ ~ of ~ --'a-~-~ P.B. I ~ zl I ® ~_ ~, I lo~~ ~ ~fl I 1 E ~~ i I II I ~ ~ I Q~ ~ I j ~ YI I I I I I ~~ " b - ~ Y1- 4`51'E yr===~ ~~. r.. -X 5- FtJTi1RE SEWER °~ N PARCEL ° S1130212450 /o LEGEN D I SECTION UNE - - - PERMANENT EASEMENT RIGHT Of IRIAY - - - - R/W TEMPORARY EASEMENT o SCALE: 1 p-50` .~..,... ~r~~POan~s ° 1 October 19, 2007 MERIDIAN CITY COUNCIL MEETING October 23, 2007 APPLICANT ITEM NO. S-M REQUEST Change Order No. 5 for the Wastewater Treatment Plant Expansion Project with JC Constructors, Inc. for $86,236.75 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: g~ attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: ~' MERIDIAN SCHOOL DISTRICT: ~ ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: _ Staff Initials: Materials presented at public meetings shop become property of the City of Meridian. ~~ ~. CHANGE ORDER 5 PROJECT: City of Meridian -Wastewater Treatment Plant Expansion Project DATE OF ISSUANCE: October 18, 2007 EFFECTIVE DATE:: October 18, 2007 OWNER: City of Meridian CONTRACTOR: JC Constructors, Inc. ENGINEER: Carollo Engineers, P.C. Page 1 of 2 You are directed to make the following changes in the Contract Documents. • Pothole and field adjust Secondary Clarifier RAS piping tie-in (WCD 25) • Modify electrical power feed to W system (WCD 26) • Add grating supports and sampling cutout at Secondary Splitter Box (WCD 29) • Final costs for construction of Five Mile creek bridge and outfall pipe (WCD 34a) • Realign 36"-SE pipe due to unforeseen location of Secondary Clarifier 4 effluent pipe (WCD 36) • Post Aeration Building entry steps and paving (WCD 38) • Removal of existing footing for uniform surface to construct Aeration Basin 1 & 2 extension (WCD 42} • Removal of unforeseen grout under filter media {WCD 4Sa) • Revise layout and prepazation of paving around Primary Clarifiers 3 & 4 (WCD 47) • Add lighting for flag pole {RFP 022). • Credit for the elimination of asphaltic coating at the Primary Clarifier mechanism (RFP 23) • Removal and replacement of owner supplied Mag flow meter (RFP 26) • Revise pipe support hangers in Aeration Basins 1 & 2 (RFP 28) • Revise scum vault and pump slide rails at Secondary Clarifier S (RFP 29) Time Extension to include additional scope of work requested by the City, as follows: 1. Five Mile Creek Bridge Crossing and Flow Meter 2. Tertiary Filter Installation 3. 42-inch Diameter Raw Sewage pipe expansion. 4. Chemical Feed Facilities for Chemically Enhance Primary Treatment and Anaerobic Digesters. Attachments: JC Constructors Change Proposal Request - (WCD 2S) -September 21, 2007 for $4,789.44 JC Constructors Change Proposal Request - (WCD 26) -June 19, 2007 for $7,192.29 JC Constructors Change Proposal Request - (WCD 29) -June 20, 2007 for $836.96 JC Constructors Change Proposal Request - (WCD 34a) -August 14, 2007 for $18,417.08 JC Constructors Change Proposal Request - (WCD 36) -May 29, 2007 for $2,174.37 JC Constructors Change Proposal Request - (WCD 38) -May 8, 2007 for $14,160.64 JC Constructors Change Proposal Request - (WCD 42) -August 16, 2007 for $2,077.82 JC Constructors Change Proposal Request - (WCD 45a) -October 1, 2007 for $12,264.33 JC Constructors Change Proposal Request - (WCD 47) -September 21, 2007 for $5,157.41 JC Constructors Change Proposal Request - (RFP 22) -June 16, 2007 for $3,OS2.94 JC Constructors Change Proposal Request - (RFP 23) - September 21, 2007 for (-$2,241.29). JC Constructors Change Proposal Request - (RFP 26) -September 21, 2007 for 2,867.20 JC Constructors Change Proposal Request - (RFP 28) -September 21, 2007 for $4,419.41 JC Constructors Change Proposal Request - (RFP 29) -July 3 1, 2007 for $11,068.1 S Page 2 of 2 CHANGE [N CONTRACT PR[CE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contrail Times Substantial Completion: 670 Days -September 1.2007 $ 8 367 500 00 Ready for Final Payment _730 Days -November 1.2007 _ , . days or dates Nei Changes from previous Change Orders No. 1 to No. 4 Net Changes from previous Change Orders No. 0 to No. 4 $ 550,546.48 7.ero (Ot Days Contract Price prior to this Change Order Contract Times prior to this Change order Substantial Completion: 670 Days - Septcmber 1 2007 $ 8,928,Q46.48 Ready for Final Payment: 730 Daas -November 1.2007 days or dates Net Increase (decrease of this Change Order) Net Increase (decrease of this Change Order) $_ 86 236.75 t?ne Hundred Twenty (1201 Contract Price with all approved Change Orders Contract Times with all approved Change Orders 8 014 283 23 Substantial Completion: 670 Davs -September ! 2007 , '• . Ready for Snal payment 850 Days -February 28 2008 . days or dates CiintDolsby, P.E., Public Works Date: l ~ ~ ~ 9 ~e~7 ACCEPTED BY COIVTRACTO sy. Co ctor (Auth rued Sig lure) :-`~~~"~ ..,,tlltll,,... ,, y~~~~~r~,; +:: 1111114~ • • Memo To: William Berg, Jr.; Tara Green From: Clint Dolsby, P.E., Staff Engineer CC: Len Grady, P.E., City Engineer ~1i,~ ~~ 1~~37~1c13'~ Date: 10/18/2007 Re: Proposed Agenda Item for October 23, 2007 City Council Meeting The Public Works Department respectfully requests the following item be placed on the October 23 City Council agenda, under consent agenda, for Council's consideration: Chancre Order No. 5 for the Wastewater Treatment Plant Expansion Project. Additional work is required for the wastewater treatment plant expansion project. This change order consists of the following work, which is 1.03% of the original contract amount for the project. This makes the total changes from Change Order No. 1, 2, 3, 4 and 5 equal to 7.7% of the original contract amount. • Pothole and field adjust Secondary Clarifier RAS piping tie-in (WCD 25) • Modify electrical power feed to UV system (WCD 26) • Add grating supports and sampling cutout at Secondary Sputter Box (WCD 29) • Final costs for construction of Five Mile creek bridge and outtall pipe (WCD 34a) • Realign 36°~E pipe due to unforeseen location of Secondary Clarifier 4 effluent pipe (WCD 36) • Post Aeration Building entry steps and paving (WCD 38) • Removal of existing footing for uniform surface to construct Aeration Basin 1 8 2 extension (WCD 42) • Removal of unforeseen grout under filter media (WCD 45a) • Revise layout and preparation of paving around Primary Clarifiers 3 8~ 4 (WCD 47) • Add lighting for flag pole (RFP 022). • Credit for the elimination of asphaltic coating at the Primary Clarifier mechanism (RFP 23) • Removal and replacement of owner supplied Mag flow meter (RFP 26) • Revise pipe support hangers in Aeration Basins 1 8 2 (RFP 28) • Revise scum vault and pump slide rails at Secondary Clarifier 5 (RFP 29) JC Constructors, Inc. submitted a cost for this change order as summarized below: JC Constructors, Inc. $86,236.75 • Page 1 Recommended Council Action: The Public Works Department recommends that City Council approves Change Order No. 5 for the Wastewater Treatment Plant F~cpansion with JC Constructors, Inc. for $86,236.75 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • Page 2 ! ~ CHANGE ORDER 5 PROJECT: City of Meridian -Wastewater Treatment Plant Expansion Project DATE OF ISSUANCE: October 18, 2007 EFFECTIVE DATE: :October 18, 2007 OWNER: City of Meridian CONTRACTOR: JC Constructors, Inc. ENGINEER: Carollo Engineers, P.C. Page 1 of 2 You are directed to make the following changes in the Contract Documents. • Pothole and field adjust Secondary Clarifier RAS piping tie-in (WCD 25) • Modify electrical power feed to UV system (WCD 26) • Add gating supports and sampling cutout at Secondary Splitter Box (WCD 29) • Final costs for construction of Five Mile creek bridge and outfall pipe (WCD 34a) • Realign 36"-SE pipe due to unforeseen location of Secondary Clarifier 4 effluent pipe (WCD 36) • Post Aeration Building entry steps and paving (WCD 38) • Removal of existing footing for uniform surface to construct Aeration Basin 1 & 2 extension (WCD 42) • Removal of unforeseen grout under filter media (WCD 45a) • Revise layout and preparation of paving around Primary Clarifiers 3 & 4 (WCD 47) • Add lighting for flag pole (RFP 022). • Credit for the elimination of asphaltic coating at the Primary Clarifier mechanism (RFP • Removal and replacement of owner supplied Mag flow meter (RFP 26) • Revise pipe support hangers in Aeration Basins 1 & 2 (RFP 28) • Revise scum vault and pump slide rails at Secondary Clarifier 5 (RFP 29) Time Extension to include additional scope of work requested by the City, as follows: 1. Five Mile Creek Bridge Crossing and Flow Meter 23) 2. Tertiary Filter Installation 3. 42-inch Diameter Raw Sewage pipe expansion. 4. Chemical Feed Facilities for Chemically Enhance Primary Treatment and Anaerobic Digesters. Attachments: JC Constructors Change Proposal Request - (WCD 25) -September 21, 2007 for $4,789.44 JC Constructors Change Proposal Request - (WCD 26) -June 19, 2007 for $7,192.29 JC Constructors Change Proposal Request - (WCD 29) -June 20, 2007 for $836.96 JC Constructors Change Proposal Request - (WCD 34a) -August 14, 2007 for $18,417.08 JC Constructors Change Proposal Request - (WCD 36) -May 29, 2007 for $2,174.37 JC Constructors Change Proposal Request - (WCD 38) -May 8, 2007 for $14,160.64 JC Constructors Change Proposal Request - (WCD 42) -August 16, 2007 for $2,077.82 JC Constructors Change Proposal Request - (WCD 45a) -October 1, 2007 for $12,264.33 JC Constructors Change Proposal Request - (WCD 47) -September 21, 2007 for $5,157.41 JC Constructors Change Proposal Request - (RFP 22) -June 16, 2007 for $3,052.94 JC Constructors Change Proposal Request - (RFP 23) -September 21, 2007 for (-$2,241.29). JC Constructors Change Proposal Request - (RFP 26) -September 21, 2007 for 2,867.20 JC Constructors Change Proposal Request - (RFP 28) -September 21, 2007 for $4,419.41 JC Constructors Change Proposal Request - (RFP 29) -July 31, 2007 for $11,068.15 • Page 2 of 2 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times Substantial Completion: 670 Days - Sentember 1.2007 $ 8 367 500 00 Ready for Final Payment: 730 Davs -November 1.2007 , , . days or dates Net Changes from previous Change Orders No. 1 to No. 4 Net Changes from previous Change Orders No. 0 to No. 4 $ 560,546.48 Zero (o) Days Contract Price prior to this Change Order Contract Times prior to this Change order Substantial Completion: 670 Davs - September 1.2007 $ 8,928,046.48 Ready for Final Payment: 730 Davs -November 1.2007 days or dates Net Increase (decrease of this Change Order) Net Increase (decrease of this Change Order) $ 86,236.75 One Hundred Twentv (1201 days Contract Price with all approved Change Orders Contract Times with all approved Change Orders Substantial Completion: 670 Davs - September 1.2007 9,014,283.23 Ready for fmal payment: 850 Davs -February 28 2008 , days or dates Kr:(;UMMENI)ED BY ENGINEER: By: Date: William J. Benko, P.E. APPROVED BY OWNER: ACCEPTED BY CONTRACTOR: By: Contractor (Authorized Signature) Date: Clint Dolsby, P.E., Public Works Tammy de Weerd, Mayor Date• Date: Attest: William G. Berg, Jr., City Clerk Date: • r October 19, 2007 MERIDIAN CITY COUNCIL MEETING October 23, 2007 APPLICANT ITEM NO. Jr-O REQUEST Independent Contractor Agreement for Demolition of 919 NW 1st Street with. Ideal Demolitions Services 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: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS ~~y~~a~ • AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 12~' day of October , 2007, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Ideal Demolition Services. LLC, hereinafter referred to as °CONTRACTOR°, whose business address is 2299 South Mili Rd. Emmett, Idaho 83617 and whose Public Works Contractor License # is 16275 - A4. INTRODUCTION Whereas, the City has a need for services involving Demolition ;and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of VNork: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in ail respects, as specked in the document titled °Proposal Number IDS-289" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a DEMO OF 919 NW 1ST St. Meridian - page 1 of 11 • royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor steal{ provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by Ci#y to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including ,but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benef+ts, DEMO OF 919 NW 1ST St. Meridian - page 2 of 11 • retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2008 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Contractors business. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written nofification to Contractor. 3.3 Should City fail to pay Contractor all or any par of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or c. Death of Contractor 4. Termination: If, through any cause, CONTRACTOR, its ofFcers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipula#ions of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and DEMO OF 919 NW 1ST St. Meridian - page 3 of 11 specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60} days notice to CITY, In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to~the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR,. and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shalt represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. DEMO OF 919 NW 1ST St. Meridian - page 4 of 11 6. Ind®mnification and Insuranc®: CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Do{tars ($1,000,000) per incident or occurrence, Professional Liability One Million Dollars {$1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten {10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. DEMO OF 919 NW 1ST St. Meridian - page 5 of 11 U To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limi# the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Publics Works of Improvement Projects over $25,000.00 8. Notic®s: 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, re#um receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Ideal Demolition Services. LLC Attn: David ADariCl0 2299 South Miff Rd. Emmett. ID 83617 Idaho Public Works License #: 16275 A4 DEMO OF 919 NW 1ST St. Meridian - page 6 of 11 • 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. 9. Attorney f=ees: 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. 10. Time is of the Essenc®: 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. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR 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. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. R®ports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. DEMO OF 919 NW 1ST St. Meridian - page 7 of 11 • 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by #his Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts firom such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to. all matters covered by this Agreement. 15. Publication, Reproduction and.. Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 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.. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agr®ement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, DEMO OF 919 NW 1ST St. Meridian - page 8 of 11 oral of written, whether previous to the execution hereof or con#emporaneous herewith. 22. Applicable Law: This Agreement shah be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the Cifiy of Meridian. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN CONTRACTOR BY: ~` ~ `~"''~ ~ ' TAMM WEERD, MAYOR Dated: ~~" 2 3 - O T BY: J Dated: ~'o S , v' ., ~\ +~ ~:r:F;P Attest: ,.~' v'` o~'~~~~. °' '~ 4~ ~~ ~., WILLIAM G. BERG, JR., I ~L s~' ~~ ,,.. ,,, ~ ,~. ~//////;tiilifli~~~`A Approved as to Content BY: / ~i: KEIT~~IUI~TS, PU/RL''fiAS1NG AGENT Dated: ~~ ` ~ ~ ' ~~ Department Approval BY: NAME: TITLE: Approved as to Form Dated: CITY ATTORNEY DEMO OF 919 NW 1ST St. Meridian - page 9 of 11 • Attachment A SCOPE OF WORK DEMO OF 919 NW 1ST St. Meridian - page 10 of 11 • Attachment B MILESTONE /PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed TASK DESCRIPTION DATE AMOUNT A. Demolition of house ~ 919 NW 1~ ST. Meridian 10-19-07 $10,300.00 B. C. D. E. F. G. H. TOTAL $10,300.00 Travel expens®s (if includ®d in agre®ment) will be paid at no more than the City of Meridian's Travel and Expense R®imbursement Poiicy. DEMO OF 919 NW 1ST St. Meridian - page 11 of 11 October 19, 2007 MERIDIAN CITY COUNCIL MEETING APPLICANT REQUEST Approve Contracts for New City Hall Project AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. October 23, 2007 ITEM NO. S-P • ~ 1 Document A1011CMa° -1992 Standard Form of,Agreement Between Qavner and Conba-~tor tr~iere the basis of payment is a ST1PUtATED St1M a~l~t:El~~~rr made as cif the day of in the year of pppt~~ptg AN1? p~~~~. (ln wr;'rds, i-artic•uPe clay, march and ~ferar) The auihar of this d~ument has add~t information nesdor! tar its Biw'11NEEN the ©wner. rxsnpletion. The au~tor may also (Name and address} have revised the text at the original AW standard form. An Acldrtions acrd CITY OF M BRl~.tkAIV De/eflons Re~rf that Hates added ~3 Bast Idaho Avenue information as well as revisions to Meridian, Idaho 83Er4~-23!70 the star~ard farm text ~ ava8able and the Contractor. from the author and shcwki ba (Name and address} re~ewad, A vert~al line in the tQft Fp~,~'Q,~r margin of ih~ darx~rnent indicates Precision Communications, Inc. dba ~p~ Soudh ©rrhard St. where the author has adder! "'° ~ Be-ise, tdalu~ 213~ft5 necessary information and where Ah 208-344-3i5t`~ • Fart ZOS-344-tk195 me author has added to or detet~t from the original AIA text. This document has important legal Far the following Project: consequences. Corerultation with an (Include detailed descrilrtinn o('Prvjecr• lcac°atiUn, address and scta/ae.} attotrrey is encouraged with respect to its completrorr ar modif~ation. New Meridian City Hatt The 9992 Edition at AlA tlacvmertt 33 F,rrst Broadway Avenue F120tlCtuta,Gsneral Conditions ~ Meridian, Idaho 53C4'~ the Contras tar Construction. Construction Ntanager-Ndviser An approximately lt~},fli~ square foot, multi-nary city hall office building c~~ith a ~~~,, ~ in the document basement. by reference. [?o not use with ether general +.^onditlans unless this The Construction Manager is: document is modified. (Name and address} PETRA 1NCtJRPt1R,3TEG lt}g7 N. Rosario Street Meridian, Idaho g3fi4fi The Art;hitect is: (Name and address} t~CA ARCHITECTS, P.A. 121 Shareliae Lane Boise, Idaho 83702 The C3wner and Contractor agree a~ set Earth hetaw. A!A l~CUrrce~r-t AtAtJCtltam - 99ti2. tnR. Copyright ~ t2 by The Amerman Institute o! Architects. Ali rights r ~vnr~rr~o. This ern" tint is aI ~rtarted tap i3,. Cctayriret t,s~r and tnterreat6aat Treattes. tEr~auttcrsrt~ed re~rcdtr€9n cr dtstr&tsut6ttrt €~t tra@~ 6~tA`~ ae~cuentf er anp pzartlora eat dt, aatap rtcti drts setre Ci~ii end ortr~ini nartias, aaad ttl k~ rcrsscuted t~ the aa3maaras ~sierat ~s$thtr~ under the tom. This document urea pre~lu.~ ''~ / by AIA software at 47,91:4U on Q9i t 3t2fMa7 under Order ~. t OU02951 t t_7 whid~ expires an 4f4/2Q08, artd is rrot for resale. tJ~r Notes: {53754221 • • ARTICLE 1 THE COl~TRACT DOCUIdENTS The Contract Dacurnenis consist of this Agreement, Conditions of the Contract (General, Supplementary and other Cotulitians), Drawings, Specifications. Addenda issued prior to execution of this Agmentent, other documents listed in this Agreement and Madificatians issued after execution of this Agreement: these form the Contract, and are as fully a part of the Contract as if attached to this Agreement ar repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral, An enumeration of the Contract Documents, other than Modifications, appears in Article ~. ARTICLE 2 THE WORK OF THIS CONTRACT `['tee Contractor shall execute the entire Work descril~d in the Contract Doctments, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, ar as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement is the date Pram which the Contract Time of Section 3.? is measured, and shall Ise the date of this Agreement, as first written shave, unless a different date is stated blow ar prvvisian is made far the date to be fixed in a native to prcueed issued by the C?wner. (Para~gralrlts deleted) February l , ~~8 § 3.2 The Cantractar shall achieve Substantial Campletion of the entire Work not later than )days after the Date of Commencement. (lrtsert the calendar date ar tutrrtber v~'ctrlendar days after the dote of conurteneertterat. Also insert exrty regtairetnents far earlier Sul~stuntiad Gampletiara of rertrxin portions of the Wark, if teat stated elset~•here itr the Cantrcrc7 Qacutnertts. ) Portion of Work Suhstautfial Campletion date T'fie complete products and execution requirements Juty 1, 2~l$ relating to furnishing and installing Telecommunications Cabling. Backbone and horizontal cabling comprised of copper and fiber cabling, and support systems. Division I -General Requirements Section 1671 -Telecommunications Svstern subjece to adjustments of this Contract Tines as provided in the Contract Documents. (insert praulslatts, if atay,.far liquidated darnrtges relating to failure to eamplete art tints,) The Contractor acknowledges and agrees that the Uwner will suffer financial loss in an amount that is difficult to quantify if the Wot}: is not substantially complete an the date set forth in the Contract Dac:uments. The ~tvner shall have the option to assess liquidated damages against the; Contractor (and its surety, if any) in an amount of Five Hundred tilt )'1011 ~} Dollars f SSt}(l.ilU) per calendar day, far each calendar day of delay until the Work is substantially complete. The Contractor acknowledges and agrees that the amounts set forth above are a reasonable estimate of the damages that will likely be incurred by Uwnee in the event the Wark is not substantially complete by the date set forth in the Contract Documents, and not a penalty. if responsibility far a delay in substantial completion shared by the Contractor and others, Qwner may reasonably apportion the damages between such responsible parties. The right to assess liquidated damages is in addition to, and not in limitation of, any right or remedy available to the {Jwnir ae to protect the Owner to address delay by the Contractor, whether such right or remedy is under law, in equity ar under Contract Documents. • init. AtA Document AtdlFCtiaTY - 9~2. Gc-pyright ~ 1992 by The American Institute of Architects. Ati rights reserved. 3Ctt~. Tfats ~t~~ Docusr~r~t 3s rotscte~t Gy t1.~> og~ragfat t.aav and tnternatlcrnal Treaties, tlraeutfaorl~~ad reproductfozs or dtetrtt+ution of elate x4IA~ Dt~tamerat, ser ant+ ortkon of Ii, ~~ t mete result in severe civil and ertrr~trest nelttes, and aaail9 ~teacuted to the eras~inaun°e s~tsnt poseiale under tl~e tem. This document eves produced +~ ~ ~ f hY RIA sotivvare at 4?:31:40 on 09/1322007 under t3rder teto.ttiQ0295111_t which expires on 414,'2008, and is rrot for resale. v ~ Ussrt~ates: (838875422} ~J ARTICLE 4 CQNTRACT SUM § 4,1 The Owner shall pay the Contractor in current funds for the Contractor's perforrt~nce of the Contract the Contract Sum of Two Hundred Nineteen Thousand Dollars & NOI10{t (S '? 19,t~).t)(l), subject eo additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based up~m the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State tfae taatmbers or ether ideratificattan afaccepted alternates. !f de cisivns on otfaer afterrtates are tv be made by the Qrtjaaer suhseyuenr to the ~rectatiora of dais Agreement, uttaela a schedaade of suede ether afterrtates shnwdn~ the amount fnr eat~h attci tfae date utudd w~hicda tfaat am,aaatat is d~adda! ) § 4,3 unit prices, if any, are as follows: t?~crlpt~tt Units Fries {~ Q,4Q) ARTICLES PRt~3RESS PAY~EAITS § 5,113ased upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project Applications and Certificates for Payr~nt issued by the Construction Manager and Architect, the Owner shad make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows; ~ 5.3 Provided an Application fe>r Payment is submitted to the Construction Mana~er not later than the 25th day of a month, the Owner shall make payment to the Contractor not later than the 20' day of the following month. [f an Application far Payment is received by the Construction Manager after the application dace fixed shelve, payment shall be made by the Owner not later than Thirty (~tl) days after the Construction Manager receives the Application for Payattent. § S,d Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Docutttents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager or Architect may eequire. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis t2~r reviewing the Contractor's Applications for Payment. § 5.5 Applications for Payment shall indicate the percentage of completion of each ~rtion of the Work as of the end of the period covered by the Application for Payment. § 5.6 Subject to the provisions of the Contract taaeuments, the aa~unt of each progress payattent shall be computed ac follows: § 5.6.1 Take that portion of the Contrace Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Five Percent t 5°le ). Pending final. determination of cost to the Owner of changes in the Work, att~unts net in dispute may be included as provided in Seerion 7.3.? of the General Conditions: $ 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipntene delivered and suitably stared at the site far subsequent incarporaticxt in the completed construction {or, if approved in advance by the tJwner, suitably stored off the site at a Nation agreed upon in writing}, less retainage of ( ): eta ttoctm~t At091CTg- t882. ~gright ~ t992 by The American Instiptte of Architects. alt ttghts a~A31At; Tfsis ata~ ~ t is Init, ot~ d ~+ 4f. s. a~yvih4 and frttarnsf[patsa °rresif. tlns~utharlsea~ ee~rodct€~sn or dtsira~astlen of fhis A9a~ ~rst. der sn~ raaan caf tB, 3 ~ y . were chit ~a~d cr€tnaf p~netit~s, ~r~d r~fDt pr~asecufed to the snaxltssssm e~terst sstht~ ~znct~r thr& tam. This dot~umenf was ~ ;4 ~ ~ ( f%Y A!A software at 4T:31:4Q on t}9113t2t1Q7 under Order A~o.ttf00295t i f_i whie~ expires on 4J4s"20th. artd is rrot for resatg. d ~ ; ~~ User Motes: {53t~75422? § 5,6.3 Subtract the aggregate of previous payments made by the Uwner: and § x.6.4 Subtract amounts, if any, for which the Construction 1Vlanager or An:hitect has withheld or nullified a Certificate for Payment as provided in Section y.S of the General Conditions. § 5,T The progress payment amount determined in at„eardanee with Section 5.5 shall be further modified under the following circumstances: § 5,T,1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to { of the Contract Surn, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Wont and unsettled claims; and § 5.T.2 Add, if final completion c>f the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9, I p.3 of the General Conditions. § 5.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intend,d, prior to Subrteantial Completiara of the entire tAtark, to reduce ar limit the rE>taiuu,~e resuttirt~ from the percentages inserted in Sections 5.6.1 and S.b.2 ubaa~e, road this is not cxplrained elsewhere in the Contract t?acunaents, insert ftere provisions far such redtectian ar lintitatian. ) ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the tJwner to the Contractor when (1 }the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Section 12.2.2 of ehe General Conditions and to sarisfy other requirements, if any, which necessarily survive final payment; and (2j a tinul Project Certificate far Payment has been issued by the Construction Manager and Architect; such final payment shall !~ made by the owner not more than 30 days after the issuance of the final Project Certificate far Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS § 7,1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents, § T,2 Payments due and unpaid under the Contract sha11 hear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. {Insert mate of interest u~reed upaaa, il`'ans°. ) per annum (L~rury= luts:s rand reritairements uaader rite Federal Truth irr Lending :tct, si»tilar state ttnd lasca! cnnsatnter credit lat4~s and other regulratians ut the (lwater's and Cantrurrar's priaaciprxl places of business, the lncatiaat of t/te Project aatd elsewhere ntay a, f~et~t the t~ratidity of this proti~isiart. legal rtdvice should be abtcained with respect to deletions ar madifac°utiartr, raatd ralsa rpgttrdift,~ requirenterlts>sracai cts -t~ritten disr•lasures ar ~~aisers.) § 7.3 Temporary facilities and services: ~Nere insert temporary facilities atad services t~=latch rtre diff~r~ru #'rotn ar in radditian to Haase ine°luded rlsesvhere in floe Cantrrxrt Uacumenrs. ) § T,4 C}ther Provisions: {Here list any .rpeciul pravisia»s u fectiug the Coattrart.) (nit, ~~ t?~aam~-t AttattCAAaTM -1942. CrapgrigM t~ t992 by Ttte American institute of Architects. Ail tights reserved. ~A~itFP1Cz: Thts AtA"' tf~cceea~~asf Is pa ., ' lay ~.~. opyrigtet t.~~a a~ad htterraattoaaat 1°reett> tJnautharEz repreducttoea tvr daetrabeatitan of thte AiA"' tdc~umerat, ®r and porttora of it, ~ a silt : s were eiv33 arn9 crianfatat penalttee, grad wait grouted to the ensstraieem e~t~nt as3bte under tt'ee Raw. This document was produced t ~~ by AIA software at 07:3t :40 on +)91t 3t2ix1T under Order Na. t 4002951 i t _t whicta expires an 4i4T2U48, and is not for resale. d ~t,.~ U~ kotes: #6375422} ARtIG1.E 8 TERMINAtION OR SUSPEtdSION § $.4 The Contract tnay be terminated by the Owner or the Contractor as provided in Article I ~ of the General Conditions. ~ 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. Alt1'ICIE 9 ENUINERAttON OF COWTRAC3 t30CUMENtS § 9,4 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 9.4,9 The Agreement is this executed Standard Form of Agreement Between Owner and Contractar, AlA L?ocumt;nt AIOiICMa, 1992 Construction Manager-Advitier Edition. § 9,4.2 The General Conditions are; the General Canditian4 of the Contract for Construction, AIA Document A2Q1fCMa, 1992 Construction Manager-Adviser Edition. ~ 9.4.3 The Supplementary and ether Conditions of the Contract are those contained i n the Project Manual dated , and are a+ follows: Qaaament Volume 2 TIBe Peres Phase [II Bidding/General 2173 Conditions § 9.1.4 The Specifications are thc>"4e contained in the Project Manual dated as in Section 9.1.x, and are as follows: (Er""that list the Spe~i~eculans here ar refer to ctn exhibit crnrached to tfais A~reernera. ) Titleaf Speciftcations exhibit: Volume I - Technical Specifications 9t?1 pages (Table deieted~ ~ 9.4.5 The Drawings are a+; follows, and are dated unless a different date is shown flow: (;Either It"st the ©rawin~s here ar refer to can exhibr't aztcrcfted to this Agreement 1 Title of Drawings exhibit: A1tCHTTECTURAL O.tYI' Cover Sheet A{?.tIT Life Safety Plan-SitelBascment Floor A~.IT Life Safety Plan- First Float A{~.2T Life Safety Flan- Secand Floor A0.3T Life; Safety Plan- Third F7cx~r A0.4T Life Safety Flan- Penthouse Ap..ST tJ.L Assemblies A2.t)LIT Overall- Batiet>~ent Floor Plan A2.QIT Basement Floor- Area I Flix~r Plan A2.O1TF Basement Floor- Area I Floor Finish Plan A2.IfIT Overall- First Flocs Pian A2.1 lT First Floor-Area I Floor Plan A2.1 ITF First F1oar-Area I Float Finish Plan A2.1'?T First Hoar-Area I Float Plan A2.I2TF First Floor-Aeca 2 Elixir Finish Plan A2.2tIT Overall-Second Ftaor Plan A2.21 T Second Floor-Area I Floor Plan A2.21TF Second Flc>ar-Area 1 Floor Finish Plan A2.22T Secand Flaar-Area 2 Flaar Plan i A2.2?T'F Secand Flcx7r-Area 2 Floor Finish Plan AtA tt~tment A10ttC~'ro -1982. CopyHght (t~ 1982 by The American Institute ai Architects. Alt rtghtB re8~tted. ARtdt~: Th€9 AtA~' a~raex+& is init. pr~fec2ed by t).. ~capyrt8ht law and tnternatiena~t Treaties. tlra~aesthmmria readasctiran cr dtsitlbarti#n ~t this A1A~ lcuanant, ~r any gieei;l~n ®f lt, may ress,elt in sure cl~ti and crlminei periti, end wlit cried to ttre rnax6~tv~atri exit~nt p~es6trie csnder the taw, This dotxtment wag ~ by AIA sattware at 07:31:40 on 09113,`2007 under Order Na, 9p00295111_i whit~t expires on 4i4l2008. arui i9 trot frtr resale. rag tt9r~ t~te9: (638$75422y A2.3t)'I' Q~erall-Third Flaar Plan A2.3IT Third F7aar--Area 1 Floor Plan A2.31TF Third Floor-Area l Flaar Finish Plan A°?.~2T Third Flaar-Area Z Flaar Plan A2,32TF Third Flaar-Area 2 Flaar Finish Plan A2.~{)T ©zerall-Penthouse Ftaar Plan A2.6T Raam Finish Schedules A3,UT Daor and Windaw Schedules Frame Types A3.1T Daar and Windaw Details A3.2T Shell Windaw Frame Ty~}xes A3.3T Dkxar and Windaw Details A~.~T Daor and Windaw Details A~.~IT Building Sectiaas A~.ST Building Sections AS.t)T Wall Sc~ctians AS.1T Wall Sections A5.2T Wall Secfictns A6.QT' Bnlarged Flr~r Plans A6.1T Enlarged Floor Plans A6,2 lnteriar Elevadans A6.3T Interior Elevations A6.4T lnteriar Elevations A6.ST lnteriar Elevations A6,6T Lnteriar Elevations A6.7T Interior Elevations A~i.g'I' lnteriar Elevations A6.9T lnteriar Elevations A6. l tYl" lnteriar Elevations Ab.l lT Afi. i 2T lnteriar Elevauans lnteriar Elevations A7.O1T Basement Floor Reflected Ceiling Plan-Area 1 A7.t?2T Basement Floor Reflected Ceiling Plan-Area 2 A7. I2T First Flaar Reflected Ceiling plan-Area 1 A7.21T Second Haar Reflected Ceiling Plan-Area 1 A7.22T Second Ftaar Retlected Ceiling Plan-Area 2 A7.31T Third E7cxar Reflected Ceiling Plan-Area l A7.32T Third Flaar Reflected Ceiling Plan-Area 2 Atl.{lT Wall Types and Mail AS.1T lnteriaeDetails A$.2T interior Details A8.3T lnteriar Details A8.4T lnteriar Details A9.t)T Elevator Plans grid Sections MECHAiK iCAL PtI.Q Meehanieal Caner Sheet Pt}.{}(l1 Basement Foundation Plumbing Plan Area 1 Ptl.t~}2 Basement Foundation Plumbing Plan Area 2 PQ.t}1 Basement Waster Plan Area l P{3.t12 Basement Waste Plan Area P1.1 l First Flcx~r Plumbing Plan Area 1 P1.I2 First Ftaar Plumbing Plan Area 2 P2.1 l Second Flaar Plumbing Plan Area l P2.12 Second Fitmr Plumbing Plan Area 2 P3. I 1 Third Floor Plumbing Plan Area 1 P3,12 Third Flaar Plumbing Plan-Area 2 PS.CI Plumbing Details PS.I Plumbing Details A!A DOCUrf180t Att)tiCAAa'x" - t1~2. Copyright ~ 1992 ay Th8 American institute of Architects. A!i rtghts reserved. §h€Af~NiFl~. This AIA~ Co~saeaaent #s t lt ~ n . t3recun't8rtf, oe any potiia~€5 of Et, prcettad by iB.. ~opyriht t.a end 4nt8rnatEO!°eat TrBat€aa, Ltnauthortzea$ r8prodts~tiors or dlatrEb€atEOra of tFaES AtA r y may e8sttit in s~~~s8 civil ast trhttattaE iffiEes, artd ms~iil tab pros8~tst8d to ih8 ea~axirnatrn ~xt8att {s~assibEB ttrad8t tta8 taw. This doCUmBnt was produc~l l by AIA sotiware at 07:3t:4U on 09113'2007 urtcler prder No.t0002951 t t_i which expires on 414,2048. and is not for resaEB. .. userPiatea: 16388754221 M0.11 Basc:rt#em Flaar HVAC Ceiiing Plan Area 1 M l .12 Basement F7aar HVAC Ceiiing Plan Area 2 Mi.Ui First E1oor HVAC Flaar Pian Area 1 M l.ti2 First Floor HVAC F7aar Pian Area 2 M 1.1 l First Fiaar HVAC Ceiling Plsn Area 1 Ml.l2 First Floor HVAC Ceiiing Plan Area 2 M2.01 Second Hoar HVAC Floor Pian Area i M2.t?2 Second Flaar HVAC Floor Pian Area 2 M2, I l Second Hoar HVAC Flaar Plan Area I M2.12 Second Fl~r HVAC Ceiiing .Plan Area 2 M3.Ui Third Floor HVAC Haar Plan Area 1 M3,B2 Third Floor HVAC Ceiiing Pian Area 1 M3.11 Third E1aar HVAC Ceiling Plan Area 1 M3.i2 Third Floor HVAC Ceiiing Plan Area 2 M4. i i Fatirth Flaar HVAC Ftaar Plan Area 1 M4.12 Fattrth Flaar HVAC Ftaar Plan Area 2 M5.111 HVAC Roof Plan Area t M5.t}2 HVAC Roaf Pian Area MG.O HVAC Schedules M6.1 HVAC I:3etails MCt.2 Hydronic Piping Schematic FPq.I Basement Fier Overall Fire Pratecrian Plan FPI.C} Fiat Flc~r Overaii Fire Protecuan Pian FP2.ti Second Floor Overail Fire Protection Pian {Table deleted) FP3.B Third Floor Uverall Fire Protection Plan FP4.0 FowRh Haar Overall Fire Protection Plan EI.ECTRTCAL Ei,O Site Electrical Pian ELl Shell and Core Site Electrical Entails E2,fJi F Basement Fire Alarm Pian -Area 1 E2,t}i L Basement Lighting Pian -Area E2.Q1M Basement Mechanical Pawer Pia -Area i E2.0! P Basement Power Plan -Area 1 E2.t> 1 S Basement Special Systems Plan -Area 1 E:2.Q2F Basement Fire Alarm Pian -Area 2 E2.02L Basement Lighting Pian -Area 2 E2.02M Baselttent Power Pian -Area 2 E2.02S Basement Special Systems Plan -Area 2 E2.1 F first Floor Fire Alarm Pian -Area ! E2.1 L Fint Flaaor Lighting Plan -Area i E2.1 M First Floor Mechanical Pawer Plan -Area 1 E2.I P First Flaar Power Plan -Area 1 E2.1 S First Flaar Special Systems Pian -Area I E2.2F First Haar Fire Alarrn Plan -Area 2 E2.12L First Floor Lighting Pian -Area 2 E2.12M First Floor Mechanical Power Plan -Area 2 1~2.12P First Floor Pawer Plan -Area 2 E2.12S First Floor Special Systems Plan -Area E:?.21F Second Flaar Fire Alarm Pian -Area 1 E2.21 L Second Haar Lighting Plan -Area ! E2.21 M Seaand Haar Mechanical Pawer Plan -Area I E2.2iP Seaand Flcx~r Pawer Plan -Area 1 E2.2 t S Second Flr~r Special Systems Plan -Area i E2.22F Second Flaar Fire Alarm Pian -Area 2 E2.22C: Second Haar Lighting Pian -Area 2 E2.22M Second Floor Mechanical Pawer Plan -Area 2 (nit. A#A Dt~ttm~t A1fl11Ct*aTR' -19fl2. Copy-lght ~ 1992 t3y Tire Amerman lnstKute of Architects. A!i eights ~esea~ved. wAlt#t~. Thte ~#A" iSazrraea~t to t~rffitted by t1.9. ~rspyright ter arod #rgte?rnatlotca# Trealt, tleras~tl~ortaed re~aeduo¢lvre or dls9rlf~na#ton ct ihl~ AtA~ ~ocza . or e~y ~+atttoee ~! at. rsaay rasa#t an sere ct~eit end cr8a~alnat rxa##3eea, tired ~sllt ~aeaaeuted to #t~ snsximurn exter+! aePk+le asrader the taw, This document was pradu~t by AtA Software at 07:39:40 on 49.'93t2teD7 under Qrder No.i0flU295919_9 afiic~h ex~res on 4t4l2t3tt8, arxi is rat for resale. tJset Notes: {638$'754$2) • • E2.22P Second Floor Power Plan -Area 2 E2,22S Second Floor Special Systems Plan -Area 2 E2.21 F Third Floor Fire Alarm Plan -Area 1 E2.21 L Third Floor Lighting Plan -Area I E2,21 M Third Floor Mechanical Power Plan -Area 1 82.21 P Third Floor Power Plan -Area 1 E2.21 S Third Floor Special Systems Plan -Area l E2.2~F Third Floor Fire Alarm Plan -Area 2 E2.22L Third Flcwr Lighting Plan -Area 2 E2.22M Third Floor Mechanical Power Plan -Area Z E2.2~P Third Floor Power Plan -Area 2 E2.22S Third Floor Special Systems Plan -Area 2 E2.~ll) Overall-Roof Electrical Plan E2.50 Penthouse Electrical Plans E3.0t} Electrical Schedules E3.111 Electrical Schedules E3.02 Electrical Schedules 83.03 Electrical. Schedules E;l.t?al Electrical Schedules E3.05 Electrical Schedules E4.0 Electrical Details E~.I Electrical Details E5.0 One Line Diagram Efi.l Lighting Compliance Certificate Addendum B A2.11TFR First Floor Finish Ptan -Area 1 A2.12TFR First Floor Finish Plan -Area E1.0 Site Electrical Plan E1.1 Shell and Care Site Electrical Details E2.01 F Basetx~ent Fire Alarm Plan- Area l E2.OIL Basement Lighting Plan• Area 1 E2,01 M Basement Mechanical Power Plan• Area 1 E2.U1P Basement Power Plan- Area 1 E2.OiS Basement Special Systems Plan- Area 1 E2.02F Basement Fire Alarm Plan-A.rea E2.02L Basement Lighting Plan-Area 2 E2.02M Basement Mechanical Power Plan-Area 2 E2.02P Basement Power Plan :Area 2 E2.02S Basement Special Systems Plan-Area 2 E2.1 iF First Floor Fire Alarm Plan-Area 1 E2. i 1 L Ftrst Flaar Lighting Plan-Area 1 E2.11 M First Floor Mechanical Power Plan-Area° 1' 82.11P First Floor Power Plan-Area I 82.11 S First Flex>r Special Systems Plan-Area 1 E2.1'F First Floor Fire Alarm Ptan-Area 2 E2.12L First Flexor Fire Alarm Plan-Area I E2.12L First Flcx~r Lighting Plan-Area 2 E2.12M First Floor Mechanical Power Pian-Area 2 E2.12P First Floor Power Plan-Area 2 E2.12S First Floor Special Systems Plan-Area 2 E2.21 F Second F1vor Fire Alarm Plan-Area l E2.21L Second Floor Lighting Plan-Area l E'_.2 t M Second Floor Mechanical Fower Plan-Area 1 E2.2 t P Second Floor Power Plan-Area 1 E2.2I S Second Floor Special Systems Plan-Area l 82.22E Second Flooe Fire Alarm Plan-Area ~N~eif~~: rBa3~ Ai~~ ~um8nf !8 ht ffi t 392 by Ths EUlteriCan institute of ArChitBCtS Ail eights reserved Co ri AtA tktCUtrrerat AtOttGNkrT" - 1992 Init - . py g , . " . ~-- tboctsrreant, or er~y por€ion of it. ~°¢e ~<$ 4t<~, Capyrlgf~t Lew brad lnternatdcartal rreatles. Unat~tr4zed rrodttcticsta or di8tret€t~tfor~ of this ~tA r#'!8j ..i! IYe ~~T~ ~7~!! Slid L°rlF93lr6~i ~2ra81ti8~, ~rld 3!! i9r~88$sUtBA~ 1Y$ tli8 n48~ilT99,9~i'f 8Xt8Ytt p8~ftlf3e lender th£a faw< 'rhfS f10CURl8fit w8s produced 8 by AW software 8t 07:31.40 an 03tt 312407 under Urder No. f rr00295111_t which expires on 414i2tJ~. and is rrot for resale. f User Notes: {638875422} .• t C~ • E2.22L Secand Ftatn Lighting Ptah-Area 2 E2.22M Secand Flaar Mechanical Pawer Plan-Area 2 ', E2.22P Secand Flaar Pawer Plan-Area 2 E2.22S Secand Flaar Special Systems Plan-Area 2 E2.3 t F Third Flaor Fire Alarm Plan-Arcs 1 ~ E2.3 t L Third Flaar Lighting Plan-Area 1 E2.3 t M Third Flaar Mechanical Pawer Plan-Area 1 E2.31 P 'Third Flaar Pawer Plan-Area 1 E2.31 S Third Float Special Systems Plan-Area 1 E2.32F Third Flcmr Fire Alarm Plan-Area 2 E2.32L Third Flaar Lighting Plan-Area 2 E2,3?M Third Fiaar Mechanical Pawer Flan-Area 2 E2.32P Third E1aar Pawer Plan-Area 2 E2.32S Third Flaar Special Systems Plan-Area 2 E2.40 Overall-Raaf Electrical Plan E2.51) Penthause Electrical Plans E3.U0 Electrical Schedules E~.OI Electrical Schedules E3.t12 Electrical Schedules E3,03 Electrical Schedules E3.U4 Electrical Schedules E3A~ Electrical Scl~dules E4.t~l Electrical .Details Ed.01 Electrical Details F.S.{gl One Line Diagram ES.O1 Lighting Campliance Certificate § 9.1.6 The Addenda, if any, are as fallaws: Numtter Date Rages Addendum A 6-18-07 1 Addendum B 7-2-{l7 182 Addendum C 7-9-p? ~ Addendum D 7-IErC}? d2 I tnl6 i~ Partians of Addetsda relating to bidding requirements are nat part of the Cantract Documents unless the bidding requinement,~+ are alsa enumerated in this Article 9. § 9.1.7 Uther documents, if any, farming part of the Cantract Documents are at follows: (Gist here any crdctitiaraad dvcaarneatas which are intended to fr7raaa part eyf the Ct~ntract Dnc-aranerats. The Cierreral Conditions provide that biddira~ regrn~irements saaa°h us advertiseanenr ar inritatian to bid, Instrau~ticrns to bidders. ,sarraple farms and the Cantractor's hid are raat part of the Cnruract Ddrtaaner:ts ernless easaa»aerated in this A,~reernerat. They shtiald he listed here only if intended to be part of the Cnratrac t Docaa»aerats. ) AIA Ooeumea+t A401tCISda*'~ -1~2. Copy~lght ~ i~92 by The Artterican Institute of Architects, A!1 Nghti; tes~vflti. t~~ttt~; Tte#~ At~~ Cta~rsa~rat Ia ~reatazr:ted ~~ ' '.. - °tt ! ar~d atrterteatlgaaal4'r~att o+ th rr~du~tl~fl cr dlstri6eetl~n tit this AIA~ sec t, ~r arty portldn ~} kt, mey restrtt Ire sew e ~ ~~ ~rlrraira~l raettiee, ~ w#la < ~ ~ t~ tlt~+ a~-rattartc extant prssslhle termer t Eat. This document was praluc~l by AIA sattware at 07:3t:4a an t}~13t2f}t}7 under Order Nta. it~295t t t_t which expires an 4J4J20Q8, area is trot ta~ resale. U~' No#es: (i#38@T5422) ., ~~ A This Agreement is entered iota as of the day and year first written above and is executed in at teast faur ariginat espies of which ane is to tae delivered to the Caniractar, ane each to the Ganstractian Manager and Aechitect far use in the administratian of the Caneract, and the remainder to the Clwner. OfAiNER CONTRACTOR '~. E ;', , toil. AIA Document AtOttCtdlaT'r - i~2. Copyrfght ~ t992 by The American Institute of Architects. All rlgtits reserved. wA~ti~l~I. This i tttreent Is ~rot~ted by #~~. ~epyr#~t t„ grad lrrt~rrDa~tta3tS~# Treett~a unautlreriz raprodtactttan or dietri~utiaan of Mete AlA'~ C3cscasm2, ~r erey p~arfic€ra oaf i1, 10 recay result In severe elm€4 end cr#sratnet ataltl~s, Arad vrlli prcase~uted to 66aa; mex#asrurrs esterat pow#h#e unrr ttae trsvr. This document w~ produced ty AtA software at 07:3 t :ao on 49~ t 3l2i3a7 under ®rder Na. t 000295 t t t,_ i which expires on 4i+412~8. ark is not for resale. User Notes: {&388J~422} ~1 L_J • • ~ a e. Document A1011CMa~ -1992 Standard Farrr~ of Agreement Between Owner and Cantractar where the basis of payment is a STIPULATED SUM A~~I:~I~E~r mode as of the clay of in the year of (tn avtards, indicate clay, anottth urid rear) BETWEEN the Owner: (Warne rand address) Frecisian Cammunicatians, litc. dba :~Ittr°I~ CITY OF MERIDIAN 33 East Idaho Avenue Meridian, Naha 83t~2-23I~ and the Canirat:tar. (Name and address) ~~ P)r@~OI?1 7Id Scraatla @rcltardl St. 6'olse, lalalw 83705 Fh 208-344-3t5l~ • Far 2t?8-344-t7~49S Far the fotlawing Praje~t: (lnclaade detailed deseriptian crf Prujert, lacatian, address and scape. ) New Meridian City Hall 33 East Broadway Avenue Meridian, Idaho 83642 An approximately l00,(~0 square feat, multi-story city hull afftce building with a basement. The Construe tion Manager is: (Name and eaddress) PETRA .INCORPORATED It~37 N. Rasana Street Meridian, Idaho 8306 The Aechieect is: (Name and address) LCA ARCHITECTS, P.A. ! 221 Shoreline I.atte Boise, Idaho 53702 Tate ®wner and Contractor ;tgrc=e as set forth below. ADD!'f1QA~ AND Dk"i.TIONS: Thy author of m~ docxunent has added information n for its cxnnpttttion. The author Wray also have revised the text of the original AIA standard form. An re$CtditiDt7S aril/ t7B}$ff(7tiS RBport that nOt@S added intormat~ri as wait as revis&tns to the standard farm text is available ttte author art sht be reviewed. A vert~ai tine in the left marg~t of this t~aament indica#es where ttte author has added n Gtfomtation and where the autttar has added to or deleted from the anginal A1A taxi. This d~umerit has important legal oansequences. Consultation with an attorney is ~ with r io its cximpteilat or modif~at~t. AtA DaECUrtent A1011CiY~*~ -19tt2. CapgHght ~ 1992 by The American institut9 of Arehitects. All rigfit8 reserved. wA~PatG: 'tt,ia AtAr~ cueent ie Intt, z~rtt try it.9, ~c~yright t,a~t ared ireter-aet3~rrat LraeCfea. rsatsthorizeA r~produ~tion or diatrlb~ilon ~f this AtA` Cary~eavnent, ea^ ar~y iorr eat it, `%, Wray resaett fn Div§t ate ~-irriinal aatfiaa, and wt61 ~r _ed its ttte r»azirriuiri eztt 91b4e aisd~r tfise rave, This doeument eras pr~tuceU by AIA sattware at OJ:91:4o an Z39tt3t2~7 urufer ®rder atc+. tU~29511 t i vahich expires an ~/~2t'3i38, arsd ie rzst for resale. the NOte9: {63$$JSd22) ARTICLE i THE CONTRACT DOCUMENTS The Contract Dcxuments consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions}, Drawings, Specitacations, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modificarions issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or eepeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations. representations ar agreements, either written or oral. An enumeration of the Contract Documents, other than Moditirations, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Doxuments to he the respamibility of others. c>r as follows: ARTICLE 3 OATS OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement is the date from which the Contract Time of Section 3.2 is measured, and shall. be the date of this Agreement, as first written above, unless a different date is stated glow t1r provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Aaragraxrhs deteted / February 1, 2{lQ8 ~ 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than ?days after the Date of Commencement. (Insert the calendar date or rtumher cif catertdar driys after tine date of c~~mmeneerru rtt. Atsn irtsert arty requirements fur earlier Suhstarttiad Crrmptetinrt of c: ertain srnrtirrras rrf rite Work. r'f nvt staters elsew~itere in the Ccrrttrcrct 17acuments. ) Fortiori at Wixk The complete products and execution requirements relating to furnishing and installing Telecommunications Cabling. Backbone and harirontat cabling comprised of copper and titer Substantlat Coropietion date July I, ~00Z; r~ ~_~ cabling, and support systems. Division I -General Requirements Section 1b741 -Telecommunications System . subject to adjustments of this Contract Tirt~ as provided in the Contract Dc~uments. (insert provisions, if any, far liquidated damages relatfrtg to failure to crrrnplete cnt lime. ) The Contractor acknowledges and agrees that the Owner wilt suffer financial loss in an amount that is difficult to quantify if the Work is not substantially complete on the date set forth in the Contract Docurnentc. The Otvner shall have the option to assess liquidated damages against the Contractor (and its surety, if any} in an amount of Five Hundred c4c 1Y011 C1(1 Dollars ($5(10.t~} per calendar day, far each calendar day of delay until the Work is substantially complete. The Contractor acknowledges and agrees that the amounts set forth above are a reauanable estimate of the damages that will likely be incurred by Owner in the event the Work is not substantially complete by the date set forth in the Contract Documents, and neat a penalty. if responsibility for a delay in substantial completion shared by the Contractor and others, Owner may reasonably apportion the damages between such responsible patties. The right to assess liquidated damages is in addition to, and not in limitation of, any right or remedy available to the Owner or to peotec:t the Owner to address delay by the Contractor, whether such right or remedy is under law, in equity or under Contract Documents. init. A!A Rocument Af0ltt:ldarY -1992. Copyright £~ 1992 ay The American Insiittrte of Architects. Ati rights reserved. AgPt1Tt~. T'P9i~ AtA~ turraerat is protects by ~.9. ~ayrigh% taw ar~d fntartratiorrai Treaties, tEeeauthcsrl~ed repxesctia ar e9istrihutian of tfs4s AiA C~urrsenf, or arcgs r8tan of d#, ~ as?ay r~ss~#t in re ci~tii eney Crttnis~et peneSife~a, and ~gkti prosecuted to the rraeeirn~arn extectt gos~itaie under the ta~a. This document was produced ~~ by AiA software at 07:31;40 on art ~2U07 under Order No. i tl~ti295111_t aYrtiCf'1 aspires on 4!4~2t308, ant! is not for resale. ~~' User Notes: (838875422} i • ~ ARTICLE 4 Ct}NTRACT SUM d,1 The Owner shall pay the Cantractc>i in currant funds far the Contractor's performance of the Contract the Contract Sum of Twa Hundred Nineteen Thousand Dollars ~It NOlti~} ($ 219,i~I.lk}), subject to additions and deductions as provided in the Contract 1ocuments. ~ 4,2 The Contract Sum is based upon the following alternates, if any, wh°rch are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers ur otfter rdentijication of aceepted alternates. tf dec•isinns on rather alternates are to he .made by the C3wner sabsecfuent to the execertiran of t11is Agreement, attach a sehedude of suelt ntlrer alternates s/1ot~irtg the amoctnt, fray each and t1tY date tantil wlareh Hutt amatant is valid. j § 4~3 unit prices, if any, are as follows: C}escriptittn Units Price {~ o.ooy ARTICLE 5 PRt~3RES8 PAYMENTS § 5.1 Based upon Applications far Payment submitted by the Contractor to the Conspuctian Manager, and upon Project Applications and Certificates for Payment issued by the Constnlction Manager and Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Docutnen&s. § 5,2 The period covered by each Application far Payment shall be one calendar month ending an the last day of the month, ar as follows: i § 5,3 Provided art Application for Payment is submitted to the Construction Manaer not later than the 2Sth day of a month, the Owner shall make payment to the Contractor not later than the ?il` day of the following rturnth. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not !afar than Thirty (3t}) days after the Construction Manager receives the Application for Payment. § 5.4 Push Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate ehe entire Contract Sum among the various portions of the Waek atxl be prepared in such form and sup~rted by such data to substantiate its accuracy as the Construction Manager ar Architect tray require. This schedule, unless objected to by the Construction Manager ar Architect, shall be used as a basis fc~r reviewing the Contractor s Applications for Payment. ~ 5.5 Applications for Payment shall indicate the percentage of cotngletion of each portion of the Work as of the end of the period covered by the Application for Payment. S.$ Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § $.$.1 Take that portion of the Contract Sum properly allocable to completed Wank a~ determined by multigtying the percentage completion of each portion of the Wark by the share of the total Contract Sum allocated to that portion of ttte Work in the Sehed~le of Values, less retainage of Five Percent ( Sak }. Pending final determination of cast to the Owner of changes in the Wvrk, amounts not in dispute may be included as provided in Section 7.3.7 of the General Conditions; § 5,$.2 Add that portion of the Contract Sum property ailot:able to materials and equipment delivered and suitably stored at the site for subsequent incar~ratiott in the completed construction (or, if approved in advance by the Owner, suitably stored off the situ at a location agre~i upon in writing}, less retainage of ( ); A1A C10CUm@11i At0rtC1>~°~ - t'~2. t t~ 1892 b Th@ Am@rican tnstitut@ of Archit@ots. Alf rt hta reasrv~l. w~t~tt~C~: 'ftw#$ ~t~~ tlo~tacs~s@rat #~ IniG ~~ y 9 pr@#e~te t~~ tE.. ~o~yri0tal taw and irai@rtt~iioraa# "Treaties. itnauthgiria r@grodcaolton car aislria~rtiorr of ihts oc~€tr~@raY, or and portion of ri, ~ anay reeve#i irs ~@re c#~s#[ ar~d orlarais~a# raa[t#@s, end rii proms to its ~rsaa4ura~ e~1eh1 possibt@ und@r i tom. Thi,, docum@nt Dues -~`odt~ed r , f by AIA Sflf€w0r@ at 07:31:40 on 09.{1312007 under t7rd@r tVO. f 00tY285f 11 1 which @x~r@s on 414f2008, and is not for r@S@ie. tt>ier NQt@s: trtass7s4aa) § 5.6.3 Subtract the aggregate of precious payments trade by the Owner; and ~ 5.6.4 Subtract amounts, if any, for which the Construction Manager ar Architect has withheld or nullified a Certificate for Payment as pravidtd in Section 9.5 of the General Conditions. ~ 5.7 "The progress payntent amount determined in accordance with Section S.C shall be further mtxiified under the following circumstances: § 5.T.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the rata] payments to t } of the Contract Sum, less such atntrunts as the Construction Manager recommends and the Architect determines far incomplete Work and unsettled e:laims; and § 5.T.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.1{].3 of the General Canditions. § 5.$ Reduction ar limitation of retainage, if any, shat] be anti follows: (!f it is intended, prrar to Srthstantiul Cvtrapletian of tltY entire 1b'ork, to reduce err limit the retuirtas;e resultireR frarn ]lie percentages inserted in Sec'titrns .x.6.1 artd 5.6.2 ubtave, uteri this is ntrt explained elsewhere ba t/te Contrurt Dacu~eettts, Insert ]tare protjlsiorts for such redatction car /imitutit~n. ) ARTICLE 6 FlNAI PAYMfNT Final payment, constituting the entire unpaid balance of the Cantract Sum, short be made by the (Jwner tta the Contractor when C I) the Cantract has been fully performed by the Cantractar except far the Contractor's responsibility to correct ntmconfortning Wark as provided in Section 12?.2 of the Gent:rai Canditions and to satisfy ether requirements, if any, which necessarily sun•ive final payment; and {'?} a final Project Certificate far Pavinent has been issued by the Canstructian Manager and Architect; such final payment shall be made by the Owner not mare than 30 days after the issuance of the final Project Certificate tier Payment, or as follows: ARTICtf ? ~11SCfLLANfOUS PROVISIONS § T.9 Where reference is made in this Agreement to a provision of the General Canditions or another Cantract Dtx:ument, the reference refers to that provision as amended ar supplemented by other provisions of the Cantract i?acumrnts. § T.2 Payments due and unpaid under the Cantract shall bear interest from the date payment is due at the rate stated beiaia, ar in the absence thereof, at the legal rate prevailing from time to time at the puce evhere the Project is Located. (Inserx rate of interest agreed ttpare, r/~ura~°.) per annum (`Ustrr~ IaMS ant! retluirernents order the Fetlerul Truth in IxndinR Act, similar state and local ct}nsnrner credit laws and athYr regututivrts at the Qwner's and Contractor's principal places trf tittsiness, the location of ilia Project and elsewhere may a}fect the b•alitlin u/' this proe~ision. Legal udt•tee shnuld lie crfitained >~~itlt respect to detetizrras or modiftcutiryns, aracl also regixrding retluirYments ,arch us tivritten disctusures err ~,•uit•ers. ) § T.3 °Temparaty facilities and services: Here insert tetnpararE•,/itcilities and sen'ices wleich are riifjxerent from or rn rtddititrrr to thtrse utclraded elset;•here in tlae Contrac, t L3rre•ttneerets. ) § T.4 Other Provisions: (Here list arty special provisions affecting ilea Ctrntruct. } intf. AtA Docurrttsnt At0ltt:i~TM -1992. Gopyrlght 431992 by The American Institute at Architects. All rights reserved ARitdG~ Tt9is ~tA~ t?s~cumeraf is pr~~^^^'^°3 try #J.S. 4~epyr8gh2 # and tnt~rnae€cat~af 3r~at8~s, aa~auttaartzed reprcaducE€a~ t~ ~€e~rihteteexn at this ~€A~" t~raceam~t, er any perit~aa eat ~f, ~ n 't are rte€e ~€v€P aeaei crier€rae€ peateittes, arad ~a€tt prcxarted to the max€sraurre srsit ptassthte uflder the Ie~. This document was prods F? }} by AiA software at 07:31:40 on 09tt 312007 under prder Pla.t000295t t t _t which expires on 4l4i2008. and is rnrt for rasa€e, ~`4~ Use' Notss; {638875422) ARTICLE 8 TERM1NATit9(d OR SUSRE>VSIflM § &1 The Contract may be terminated by the ©wner or the Contractor as provided in Article l4 of the General Conditions. ~ $.2 The Wont it>~y lze sus~nded by the ®wner as provided in Article l ~ of the General Conditions, ARTICLE 9 ENUi1~ERATION OF COAITRACT QOCUMEFtTB § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enurr~rated as follows: § 9.1.1 The Agreement is this executed Standard Perm of Agreement Setween ®wner and Contractor, AIA Document AlfII/CMa, 1992 Construction Manager-Adviser Edition. 9,1.2 The General Conditions are the General Conditions of the Conrcact for Construction, AIA D~utnent A2QItCMa, 1992 Construction Manager-Adviser Edition. ~ 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated . and are as follows: t~cut»ettt Volume 2 TiNe Pagt~ Phase III BiddinglGeneral 218 Conditions § 9.1.4 The Specifirations are those contained in the Project Manual dated as in Section 9.1.3. and arc as follows: t Father last the SFeraficatir~ras here nr refer to arc e,rhahit attcerhed tU this Agreement. ) Titleof Specifications exhibit: Volume I - Technical Specifications 9CK pages (Table deleted) § 9.1.5 The Drawings are a~ follows, and are dated unless a different date is shown flaw; (Father last the I?rawin~s here ar refer to an erhahat ccuarlaed to this Agreerrcertt.) Title of Drawings exhibit: ARCHITIE;CTURAL t}.tY[' Cover Sheet Aq.QT Life Safety Plan-Site/l3asement Ptcxar AO.IT Lifi Safety Plan- Pirst Floor AB.2T Life Safety Flan- Second Ploar A{l.:iT Life Safety Flan- Third Ploor A{}.~iT Life Safety Ptan- Penthouse AQ.ST iJ.L Assemblies A2.OQ`f Overall- .Baseft~nt Flaor Plan A2.1)IT Bament Flaar- Area I Ploor Plan A2.tllTF Basement Floor- Area I Floor Pinish Plan A2.143T Overall- Pirst Floor Flan A2.1 IT First Flcxir-Area 1 Floor Plan A2.I ITF First Floor-Area 1 Floor Finish Flan A2.I2T First Flaor-Area l Flour Plan A2.l2TP First Floor-Area 2 Floor finish Plan A2,2tIT Overall-Second F1oar Plan A2,21T Second Floor-Area I Floor Plan A2.2lTF Second Floor-Area 1 Floor Finish Plan A2.22T Second Floor-Area 2 Flcuar Flan A2 ~2TP Second Floor-Area 2 Floor Pinish Flan Init. A!A t?xum+~t AtO71CtAaT~ - 7992. Copyright ~ f992 by Tire American lrastitute of Architects. Ail rlgltts YL+A~Pdlt7C: This 0tA~' rat !~ ptaxteoted by ti. opyr€0ht tar enr~ haterraetioraee 7"-emtf. tfrreaa#ftorizeai regaersdasetlaxn rar atieoo of time AIA'a ~atrrterat, or any ps~rtiosa of !ta ~ a~eg resa~it era seuore ci~sll aid crilraa! paraaitl sad iii! procatted to #iae raaa~irrseam € Ott ~~lhi~ air tilts ice. This dacument was pr~ltd rva~ fly A!A software at 07:39:40 on 09it3j200T under Order No.t0002957 # 1_t which ex~res on 4412049, and is no# fix resale. ` ~ ' `° User f4otee: {638875422) A2.3t)T' A2.31T Overalt-Third Flaar Plan Third Floor-Area 'l Floor Plan A2.31TF Third Floor-Area I Floor Finish Plan A2.32T Third Floor-Area 2 Fluor Plan A2.32TF Third Ftaor-Area 2 Ficx~r Finish Plan A"_.~(YT Overall-Penthouse Fl~x~r Plan A2.bT Roam Finish Schedules A3.tIT Dcxtr and Window Schedules Frame Types A3.IT" Door and Window Details A3.2T Shell Window Frame Types A.'1.3T Door and Window Details A3.4T Door and Window Details A~.~T Building Sections A~.ST Building Sections AS.pT Wall Se~tians AS.IT Wall Sections A5,2T Wall Sections A6.01' Enlarged Floor Plans A6.IT Enlarged Floor Plans Ah.2 Interior Eievat+ans A6.3T Interior Elevations A6.~T Interior Elevations A6.ST Interior Elevations A6.6T Interior Elevations A6.7T Interior Elevations Ab.$T lntetior Elevations A6.~T Interior Elevations A6.I4Y1' Interior Elevations A6.1IT Interior Elevations A6.12T interior Elevations A7.QIT Basement Floor Reflected Ceiling Plan-Area f A1.Q2T Basement Floor Reflected Ceiling Ptan-Area 2 A?.I2T First Floor Reflected Ceiling plan-Area 1 A?? IT Second Floor Reflected Ceiling Plan-Area 1 A7 ~2T Second Flaar Reflected Ceiling Plan-Area 2 A7.3IT Third Floor Reflected Ceiling Plan-Area A7.32T Third Floor Reflected Ceiling Plan-Area AS.l7f Wall Types and Detait AS. t T Interior Details A8.2T Interior Details A8.3T Interior Details A$.~T Interior Details A~.CIT Elevator Plans and Sections MECHANICAL Pt}.Q Ivlechanical Cover Sheet Pq.t~?I Basement. Foundation Plumbing Plan Area l PU.(~12 .Basement Foundation Plumbing Plan Area PQtll Basement Waster Plan Area 1 PQ.i}2 Basement Waste Plan Area 2 Pl .l I First Flac>r Plumbing Plan Area 1 P1.12 First Flaar Plumbing Plan Area 2 P'2.1 I Second Flcxir Plumbing Plan Area 1 P2.1 Second Floor Plumbing Plan Area 2 P3. l l Third Flexor Plumbing Plan Area 1 P3.12 Third Floor Plumbing Plan-Area 2 PS.Q Plumbing Details P.4.1 Plumbing Details lnl>t AIA Llacument At01iGt1~*r' - f992. C~yrlght C~ t992 by The American institute of Architects. Ali rights reserver!. €At4iP~G. °tiris Ate' iusnent is ' ~ . F { ESioBt+~~ ~y t3 , ta~~rigEst t,.~w end Itas~,,.,~F,~~,.1 T seat€. 4taracrtdeer[~est repr8sductEon or di~trihu8iters of 8hts At~t ~Ure~araerat, or arsy pion or bt, ~ ~, ashy result { v~re civiE ~s8d cr6min~i x aesd wflt roctt~d 8o the maM3mUm e~t8ent 6tssltste Ussder the taw. This document wee Faoducet! a'f a~ : ~ '~ by AtA Sa#twar~ at 47:3t :4Q on Q~f4~+2~7 ussder {7rder tdo.100029511 l_t whit~t extsires on 4141209$. attdrs not for resale. ^- U~r Nsrtes: (63883422) i M0.1 I Basement Floor HVAC Ceiling Plan Area 1 M t.12 Ba.~ment Floor HVAC Ceiling Plan Area 2 M 1.01 First Floor HVAC Floor Plan Area 1 M 1.02 Fint Flom HVAC Floor Plan Area 2 Ml.l 1 First Floor HVAC Ceiling Plan Area 1 M 1.'12 First Floor HVAC Ceiling Plan Area 2 M2.01 Second Flom HVAC Floor Plan Areu I M2.0°? Second Floor HVAC Floor Plan Area 2 M2.1 I Second Floor HVAC Floor Plan Area 1 M2,12 Second Floor HVAC Ceiling Plan Area 2 M3.01 Third E7oor HVAC Floor Plan Area I M3.02 '[`bird Floor HVAC Ceiling Plan Area 1 M3.ll Third Floor HVAC Ceiling Plan Area I M3.12 Third Floor HVAC Ceiling Plan Area 2 M~.11 Fourth Floor HVAC Flnnr Plan Area l M~, 12 Fourth Fluor HVAC Fluor Plan Area 2 M5.01 HVAC Rotaf Dian Area 1 M5.02 HVAC Rcx~f Plan Area 2 MC~.O HVAC Schedules M6,1 HVAC Details M6.2 Hydrnnic Piping Schematic FP0.1 Basement Fluor C3vera1l Fire Protecdnn Plan FPl.O First Floor QYer~ll Fire Protection Plan FP2.0 Second Floor ®lreral} Fire Protection Plan (Table deleted) FP3,0 Third Flextr ®1~erall Fire Protection Plan FP4.0 Fourth Floor Averall Fire Protection Plan ELECTRICAL E1.0 Site Electrical Plan E1.1 Shell and Care Site Electrical Details E2.01F Basement Fire Alarm Plan -Area 1 E2.O1L Basement Lighting Plan -Area l E2.01 M Basement Mechanical Power Pia -Area 1 E2.01P Baserra:nt Power Fian -Area l E2.01 S Basement Special Systems Plan -Area 1 E2.02F Basement Fire Alarm Plan -Area 2 E2.02L Basement Lighting Plan -Area 2 E2,02M Basement Power Plan -Area ? E2.02S Basement Special Systems Plan -Area 2 E2.1 F First Flour Fire Alarm Plan -Area I E2.1 L First Floor Lighting Plan -Area 1 E2.1 M First Floor Mechanical Power Plan -Area 7 E2.IP First Floor Power Plan -Area I E2.1 S First Floor Special Systems Plan -Area f E2.2F Fitt Flar~r Fire r'~larm Plan -Area .y E2.12L First Floor Lighting Plan -Area 2 E2.12M First Fl~tr Mechanical Power Plan -Area 2 E2.12P First Flour Power Plan -Area 2 E2.12S First Ftonr Special Systems Plan - Arca 2 E2.21 F Second Floor Fire Alarm Plan -Area 1 E2.21L Second Floor Lighting Plan -Area t E2.21 M Second Floor Mechanical Power Plan -Area I E2.21 P Second Floor Power Plan -Area I E2.21 S Second Floor Special Systems Plan -Area I E2.22F Second Fluor Fire Alarm Plan -Area 2 E2.22L Second F1oar Lighting Plan -Area 2 E2.22M Second Flom Mechanical Power Plan -Area 2 Init AEA tlactuhettt A10tiCtu~*ef -1993. Copyright ®1992 by Tim Ame~can institute of Architects. Att rights ~ Alitf~; TEtEs AEA c is ~ . rtrsatR! Oy ~.. ~o~tyrtgftt Lase acrcE EaaternatttonsE Treaties. tlneuthoat~ed aeproduction csa dtetrhsatEoat o! this AtA ~oCtettt, eta arty portEOtt of Et, 9 <^ stray a~suEE in severe cib€1 seed calaacEnaE pertetttee, arad c~ttt De pscssecu4s+d to fire aatattEaattttra e~tettt possl~eiat tsndea tEae taw, This dtuxamteltt urea produt~d by AIA software at 07:91:40 on 09t19t200T under Order No.f000295 9 1 1_t whioh expires on M4t200$, oral is rat for resale. User Mrstes: {S369T5422) • E2.22P Second Floor Pawer Plan -Area 2 E?.225 Second Floor Special Systems Plan -Area 2 E2.21 F Third Floor Fire Alarm Plan -Area 1 E2.21 L Third Floor Lighting Plan -Area t E2.21M Third Ftaar Mechanical Power Plan -Area 1 E2.21 P Third Floor Power Plan -Area 1 E2.21 S Third Floor Special Systems Plan -Area 1 E2.22F Third Ftaar Fire Alarm Plan -Area 2 E2.22L Third Floor Lighting Plan -Area 2 E2.22M Third Floor IV(eehanical Pawer Ptan -Area ? 1:.2.22P Third Floor Power Plan -Area 2 E2.22S Third Floor Special Systems Flan -Area 2 E2.4i1 Qverall-Roof Electrical Plan E2.Sq Penthouse Electrical Plans E3.tlq Electrical Schedules E3.gl Electrical Schedules E3A2 Electrical Schedules E3.g3 Electrical Schedules E3.tkl Electrical Schedules E3.gS Electrical Schedules E~.q Electrical Details E~.1 Electrical Details ES.q One Line Diagram E6.1 Lighting Compliance Certiticate Addendum B A2.11TFR First Floor Finish Plan -Area I A2.l2TFR Firsi Floor Finish Plan -Area 2 El.q Site Electrical Plan El.l Shell and Care Site Electrical Details E2.gl F Basement Fire Alann Plan- Area 1 E2.g1 L Basement Lighting Plan- Area 1 E2A t iVl Basement Mechanical Power Pian- Area 1 E2.q 1 P Basement Power Pian• Area 1 E2.g1S Ba.~tnent Special Systems Plan- Area 1 E2.g2F Basement Fire Alarm Plan-Area 2 E2.U2L Basement Lighting Plan-Area E2.g2M Basement Mechanical Power Plan-Area 2 E2.02P Basement Power Plan-Area 2 E2,tY2S Basement Special Systems Ptan-Area 3 E2.I l F First Floor Fire Alarm Plan-Area 1 E2. I I L First Floor Lighting Plan-Area t E'?.11 M First Flvor Mechanical Power Plan-Area' I' E2,11 P First Floor Power Pian-Area 1 E2.11 S First Floor Special Systems Plan-Area 1 E2.12F First Floor Fire Alarm Plan-Area E2.I2L First Floor Fire Alarm Plan-Area 1 E2.12L First F7aor Lighting Plan•Area 2 E2.1214J1 First Flaar t~Rechanical Power Plan-Area 2 E2.12P Fint Floor Pawer Plan-Area 2 E2.12S First Floor Special Systems Plan-Area E2.2tF Second Floor Fire Alarm Plan-Area 1 E2.21L Second Flaar Lighting Plan-Area 1 E2.21 M Second Floor Mechanical Power Plan-Area t E2.21 P Second Floor Power Ptan-Area t E2.21S Second Floor Special Systems Plan-Area I E2.22F Second F7aar Fire Alarm Plan-Area 2 A!A tlocumerat At01/GMa*"s -1982. CopyNght ®1992 by The American institute of Architect& Ali rights reservvted, ~fAf4tdiht~: Th[s AtA~ t?ecaaent is ittit ~ ~ . prr~tt[ad y ti,g. pyrlht haw and tnternaticreai Tesatt. tlnautts~rtaed r~prnductian dr distra ~n ~f this AtA truant, ~ arsy pcrti~ra ~t tt, $ s satay r~:ara&t Ira sere ~i~ii and ctimieaal p~nalt@es, ar€d ~aii[ @~ prce~cutc;d tca the maximttnt ext~easfi pc~:~sifsi~ urarr tine lew. This document was produced by A[A software at 07:3 1:40 an 0961312007 under Ordar Np.t{100295t 11 _i which expires on 4='4f2008. artd is !rot far resale_ rl titer Notes: (63887542a) E2.22L Second Flcx~r Lighting Plan-Area 2 E2.22M Serand F1oar Mechanical Paver Plan-Az~a 2 E2.22P Second Flaar Paver Plan-Area 2 E2~.225 SeCand Flaar Special Systems Plan-Area 2 E2.31F Third Float Fire Alarm Plan-Area 1 E2.31L 'Third F1aar Lighdng Plan-Area 1 E2.31 M Third Flaar Mechanical Paver Plan-Area 1 E2.31P Third Flaor Paver Plan-Area I E2.3I S 'Third Flaar Special Systems Plan-Area E2.32F Third Flaar Firc Alarm Plan-Area 2 E2.32L Third Flaor Lighting Plan-Area 2 E2.32M Third Flcxx Mechanical P'awer Plan•Area 2 E2.3?P Third Flaar Paver Plan-Area 2 E?.32S Third Float Special Systems Plan-Area 2 E2.40 Overall-Rcxyf Electrical Plan E2.50 Penthouse Electrical Plans E3.t~? Electrical Schedules E3.t11 Electrical Schedules E3.42 Electrical Schedules E3A3 Electrical Schedules E3.(kf Electrical Schedules E3.OS Electrical Schedules E4.C81 Electrical Details F.~.Q1 Electrical Details ES.UU One Line Diagram E5.41 .Lighting Canipliance Certificate I Init. i ~u, F 9.1.8 The Addenda, if any, are as foilaws: tduml~r Date Paget; Addendum A 6-18-07 ! Addendum B 7-2-117 1132 Addendum C 7-~-0? 4 Addendum D 7-16-(17 ~2 Portions of Addenda relating to bidding requirements arc rat part caf the Cantract Dt~uancnts unless the bidding requirertzentc are ales enumerated in this Article 9. § 9.1.7 Other dacuments, if any, farming part of the Cantraet Documents are as follo~rs: (List here carry addititartcal dcrcurnerats which are intended to frrrzrz pcirt of the Cantract 1.7crcrarrtents. The Generat Crlrzditinns Provide that biddira,i,+ reyrrirementr saaelz as adiertisement rrr inuitutr`~rn tca trio. lnsaructicrrts tv Bidders. .uzrraple fcrrnzs arzd the Contractor's hid care rat part of the Ccrratrczct lJc~curnents unless enumerated ir: this A,~reemerat. They should lee listed here anly if intended tv he part of the Corztrcact t7crc•utnents. ) AIA R4cum~-t A1411Ctu~*~ -1592. Copyright CrJ 1992 by The American Institute of Architects. Ali rights reserved. A~@iY: "this AtA~ aaeresart Is grratect by .~. ~~ € ~ [arternetioarai Treaties, t}r ~h r i t cductton rzr dlstritauElon of SA93 AaA~ prat, or eery portfon rat it, may resS~32 ter net crirreirasi {~enratties„ seed tai€t c ~ a~ tErs ana~ium e~t~nt ssibfe csasr ttr~ ice, This dacument eras Cxadtsoed by AiA software at 07;39 :4Q on 491r 3f2ta07 under Order No.14042951 r i_t which eacpires on 4f4i240S. and is not for resale. ~ Ngt~; {fr3a~t75422} This Agreement is entered into as of the day and year first written above and is executed in at reset four original copies of which ant is to t~ delivered to the Contractor, one each to the Construction Manager and Architect for ase in the adrninit~ration of the Contract, and the remainder to the C?wner. :~I~irL`I~3 CITY OF MERIDIAN, An Ida icipal Car~radan `~ '" ~ f (Sign~aurel CONTRACTOR Precision Commurocations dMa TTE - PreCom {St attcre) {PritTteu' name rtraet nrle} {Prrntecl racxme un~f title) tfltt. ~~ document Att)1tt;MaTM -1992. tppyrigM ~ 9992 by The Amer+can Institute of Arcirftects. Ali Nghta reserved. yJANt~lyd~: This AIA~ Elocue€ti is tsroxected by U.9. ~~pyrighx dew end ir~terxxatierial Treatise, tlneuthorix~9 reprtadxactct cr d1s1r1bartlcsr ~f ihls AIA~ docaxmerxt, er any pcartlara xti xt, .~ ~ Wray resxalt Ire vsre clvll end crtrasanat pesxalis, end wlll be proctsisd trs the mexitnuxxt e~ti pzasslbte aarxder ihs taw, This document was produced by AIA software at 0?:3t _4q an 0999 3l2tk?7 under Order No.2004295i i 1 _t which expires on 41412tM18, and is nat far resale. User Notes: ft33t~75+322) ~ Document A201/CMa" -1992 General Conditiona of the Contract for Construction where the Construction AAanager is NUT a Constructor far the fo!lataing PROJECT: {Name and docatian ~araddress); New Meridian City Hall 33 East Broadway Avenue Meridian, Idaho 83642 THE OWNER: (Name acrd address): CITY ©F MERIDIAN 33 East Idaho Avenue Meridian, Idaho $3642-23(10 THE ARCHCfECT: {Name card address): LCA ARCHITECTS, P.A. t22t Shoreline Lane .Boise, Idaho 83702 Tai 1 2 3 4 5 B 7 lLE OF ARTICLES GENERAL PROYISK)NS OWNER CONTRACTOR aDMINISTRATION OF THE CONTRACT SUBCONTRACTORS CONSTRUCTK)N BY OWNER OR BY OTHER CONTRACTORS CHANCES IN THE WgRK 8 TIME 8 PAYMENTS AND COMPLETION iu PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOYERIN6 AND CORRECTION OF WORK 13 MISCELLANEOUS PRQWSIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT A0017itN~ AND Otl<i"RRt?tdS: The author of this document has added information n for i&s txampl~ion. The author may also have revises the test of the otfgirtai AIA standard form, An Aaditiorts oral Deletions Report notes added infarrnation as as rtt~ions to the standard form text is available from the author and shou~I be reviewed. A vertical kne in the left margin of this docxarnent indicates where the author has added necessary information and wher® the author has added to or detet~! from the original AIA text. This document has irn~rtant legal t~nsequences. Gonsultatictn with an aNomey is encxauraged with rest to its completion or rnodifteation. AIA Qoeumen! A20t/GRIAn" -1982. CopyrlgttR t~ i~i2 by The American InstiMe of Architects. Ali rlgMe k~#~Fli~. Thos ~iA~ ~I~~e~e~xf ¢~ Ult, Isr~rtects€i by ti.%. ~zarayright lam seszt >ns€ Tr~~ti~s. tlnautttarix~ r~~raar9~It€on ~€ d€ €t t `I" ~ f3~aeaaataeast,,~r er~~ p~srtian cl at, rrr~p res~stt i~ r~ec: cr~cit ~rcd Irieer€sa~€ ~~rse€a,~s, cryd art€t b~ ~rxatat~ct t~ the rar~~tentam ~~ .._ i to e~sa,_ _ the t~a~a> Thy document was prodt~xt by AIA &oftware at 07;4{1:54 an 08f t 4/POQ7 under Order No.1~029511 t_t wtrit3t exp€res on 414+208, anrt is not for rasa€e. U~ t~Oteg: {51 } • INDEX Acceptance of 9.6.6, 9.9.3. of Payment Nancanforming Wank 12.3 Architect, Definition of 4.1,1 Acceptance of Work 9.6.6, 9,8.2, Architect., Extent of 2.4.1, 3.12.6, 9.9.3.9.10,1, Authority 4.6.6, 4.7.2, 9.10.3 5.2, 6.3, Access to Wark 3.16, 6.2.1, 7. L2, 7.2.1, 12. I 7.4, 9.2, Accident Prevention 4.6.6, 10 9.3.1, 9.4, Acts and Omissions 3.2.1, 3.2.2, 9.5, 9.6.3, 3.3.2, 3.12.8, 9.8.2, 9.8.3. 3.18, 4.6.6, 9.10.1, 4.6.2., 4.7.9, 9.10.3, 12.1. 8.3.1, 10.1.4, 12.2.1. 10.2.5, 13.5.1, 13.4 ?, 13.7, 13.5.2, 14.1 l4.2.2, 14.2.4 Addenda 1.1. I , 3. ! I Architect, Limitations of 3,3.3, 3,12.8, Additional Casts, Claims 4.7.6, 4.7.7, Authority and 3.12.11, for 4.7.9, 6.1.1, Responsibility 4.6.5, 4.6.6, 10.3 4.6.10, Additional inspections and x.6.10, 9.8.2, 4.6.12. Testing 12.2.1, 13.5 4.6.17, Additianal Time, Claims 4.7.6, 4.7.8, 4.6.19, for 4.7.9, 8.3.2, 4.6.?0, 4.7.2, t 0.3 5.2.1, 7.4, ADMINISTRATION OF 3.3.3, 4.9.4, 9.6.4 TIIE CbNTRACT Advertisement or Invitation 9.5 l . l . I Architect's Additional Services and Expenses 2.4, 9.8.2 11.3.1.1, to Bid 12 ?.l, Aesthetic Effect 4.6.20, 4.9.1 i 2.2.4, Allowances 3.8 13.5.2, All-risk Insurance 11.3.1,1 13.5:3, 14,2.4 Applications far Payment 4.6.9, 7.3.7. Architect's Administration 4.6, 4.7.6, 9.2, 9.3, 9.4, of the Contract 4.7.7, 4.8, 9.5.1, 9.6.3, 9.4, 9.5 9.8.3, 9.10.1, Architect's Approvals 2.4.1, 3.5.1, 9.10.3, 3.10.3, 9.10.4. 3.12,6. 11.1.3, 14.2.4 3, 12.8, Appravals 2,4, 3.3.3. 3.18.3, 4.6.12 3.5, 3.10.3, Architect's Authority to 3._4.1, 4.6.10, 3.12.4 Reject lh'ork 12.1.2, 12.2.1 through Architect's Copyright 1.3 3.12.8, Architect's Decisions 4.6. iC}, 3.18.3, 4.6.12, 4.6.12, 93.2. 4,6.18, 11.3.1.4, 4.6.19, 13.4.2, 13.5 4.6.20.4.7.2, Arbitration 4.5, 4.7.4. 4.7.6, 4.8.1, 4.9, 8.3.I, 4.8.4, 4.9, 10.1.2, 6.3, 8.1.3, 11.3.9, 8.3.1, 9.2, l 1.3.10 9.4, 9.5.1, Ac~chitect 4,1 9.8.2, 9.9.1, Architect, and Certificate 4.6.9 10.1.2, 1982 42tt11Ctd TM A t The Amer#can C N ht (~ 1992 b In9titute of Arch#tectS Aii ri hts reaerv ~t ~t~~4tid; T#eis ~#A~ t~cscurnestt i~ ed Init . a - ~utttent 1 Ai ttpy g y ' g . , . '' . rer~9#~~, i~»auftac?r#aed reprcadue€ie+e~ ar dd~trits~ctiezn esP ttaFe Aft rF(B€tb6deer6@, €~r any p€TrY#ose of it, pra9e~tad tsy l3.~. ~crpya#g#at Lace anei Iratarnati~r»at T 2 s ~ r[aay r~st~it #n ~ev~~ rl+ail anzi cr#er~# e~a! ~~re2lEi~s< a~tci xvi#! ka~ ~rc~aa~ute ci %~ dhe enax#zn~a€~s~ ~ xY~srt pcs~sif~€~ und er Epee 3at~r. This dCCUment was prodt~sd Lj- by A!A software at 07:40:54 a» 0811412f~T under Ortter tdo.10002951 f 1_t which expires on 4iM2008, and is rat for resale. User Notea: {5t 3S$9948) Architect's Inspections Architect's Instructions Architect's Interpretations Architect's On-Site Observations Architect's Project Representative Architect's Relationship with Caniractor Architect's Relationship with Construction Manager Anhitect's Relationship with Subeontractoes Architect's Representations Architect's Site Visits 13.5.2, 14.2.2, 14.2.4 4.6.5, 4.6.16, 4.7.6, 9.4.3, 9.8.2, 9.9.2, 9.10.1, 13.5 4.6.10, 4.6.129 7.4,I, 9.4.3, 12.1, l 3.5.2 4.6.18, 4.6.19, 4.7.7 4.6.5, 4.6.4. 4.7.6.9.4.3, 9.5.1, 4.10.1, 13.5 4.6.17 1.1,2, 3,2.1, 3.2.2.3.3.3. 3.5.1, 3.7.3, 3.1 I, 3.12.$, 3.12.11, 3.16, 3. t 8, 4.6.6, 4.6.7.4.6.10, 4.6.12, 4.6.19, 5.2, 6.2.2, 7.3.4, 9/8.2,q 10.1.2, 1Q.1.4, l U.1.5. 11.3.7< 12.1, 13.5 1.1.2< ?.4.1, 3.12.6, 3.12.8.4.6.8. 4.6.10, 4.6.14, 4.6.16, 4.6.18.6.3.1. 9.7.1, 4.$, 9.9.1..9,9.2, 4.1U.1< 4.10.2, 9.1U.3, 12.2.4, 13.5.1 < 13.5.2, 13.5.4, 14.2.4 1.1.2.4.6.6, 4.6.7, 4.6.10. 5.3.1, 9.6.3,9.6.4, 11.3.7 9.43, 4.5. I . 4.10.1 4.6.5, 4.6.9, Asbestas Attorneys' Fees Award of Separate Cantraets Award of Su~ntracts and Other Contracts for Portions of the Work Basic Definitions Bidding Requirements Boiler and Machinery Insaranse Bands, Lien Bands, Performance and Fayment Building Permit Capitalization Certificate of Subseantial Compleeion Certificates for Payment Certitcates of Ins~etion, Testing ar Approval Certificates of Insurance Change Orders Change Orders, Definition of Changes CHANGES IN THE WORK Claim, Definition of 4.6.16, 4.7.6, 9.4.3, 9.5,1, 9.8.2, 9.9.2. 4.1U.1, 13.5 IU.1.2, 1U,1.3,.I0.1.4 3.18.1, 4. IU.2, IU.1.4 6.1.1 s.a 1.1 1.1.1, 1.1.7, 5.2.1, 11.4.1 11.3.a 9.1 U.2 7,3.6.4, 9.1 U.3, 11.3.9, 11.4 2.2.3, 3.7.1 1.4 9.8.2 4.6.8, 4.6.9, 9.3.3, 9,4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9,8.3.4.10.1, 4.1U.3, 13.7, 14.1.1.3, 14.2.4 3.12.1 i, 13,5.4 9.3.2, 4.10.2, 11.1.3 1.1.1, 2.4.1, 3.8.2.4, 3.11.1, 4.6. i 3, 4.7.3, 5.2.3, ?.1. 7.a, 7.3.2, 8.3. i, 9.3.1.1, 9.1 U.3, 11.3,1.2. 11.3.4, 11.3.9, 12.1.2 7.2.1 7.1 3.11<4.6.13, 4.6.14, 7, 8.3.1, 9.3.1.1. IU,1.3 4.7.1 trtlt. ata Dacumen: AaBt~cr~*~ -Mesa. ~Py*i9~ ~ ~es2 ay me ArneNCan rase or ~ctirerxs, nrt,ti+ ~r~,~racno: ~~r~ ,ara~ t~~~~~aa~ ~t ~~ preste~tsai ~y td>. ~apyritgt Baca ~a~d Da?terraato€aer °rr~~fise~> t~raac~t9a~ariaed teprc~~4aseton ~r a~is¢ri~a~tia~ta o12ttla ~r~'~ ~e~€arnent. or ar$~ portt~ca tai rt, ~ ~aay re~~abt an Caere ~(~i( ~~a3 ~r€train~i a~~lt4~~, ~~a~ AEI ~r~d tae tta~ €xa~xls€rtarsa e~tsrst ~~btsre aarxeter €r4a tv. Thy dozxunerk w~ tlaar~NOi. re of 07:4D:54 on Q~114/2~7 tin6rer Older No.10~295111_i whidt expires on 4Jdta0t18, and 3s raf2 for resale. (Sr } Claims and Disputes 4,7, 4.8, 4.9, It1.2.2, 1 l.l, 6,2.5, 8.3.2, } I.3, 13.1, 9.3.1.2, 9.3.3, t3,5.1, 9.10.4, 10.1.4 13,5.2. 13.6, Claims and Timely 4.9.b 14.1.1, Assertion of Claims 14.2, l .3 Claims far Additional 4.7.6, 4.7,7, Concealed or Unknown 4.7.6 Cast 4.7.9, 6.1.1, Conditions 1$1.3 Conditions of the Contract t.l.l, 1.1,7, Claims far Additional 4.6.9, 4.7.6, 6.1. t Time 4.7.5, 4.7.9, Consent, Written 1.3.1, 3.12.8, 8.3.2 3.14.2, 4.7.4. Claims far Conceated ar 4.7.b 49.5, 9.3.2, Unknown Conditions 9.8.2, 9.9.1, Ctainns for Datxtages 3. i 8, 4.7,9. 9. ] 0.2, 6. i. I, 6.2,5, 9.10,3, 1.0.12, 8.3,2, 9.5.1.2, 10.1.3, 10.1.4 ! 1.3.1, Claims Subject to 4.7.2, 4.8.4, t 1.3,1.4, Art~itratian 4.6.1 11,3.11, 13.2, Cleaning Up 315.6.3 13.4.2 Cammeneement of 13.7 CONSTRUCTION BY 1. i .4, b Statutory Limitation OWNER OR BY OTHER Period CONTRACTORS Commencement of the 2,12 ,2.2.1, Construction Change 7.3.1 Work, Conditions Relating 3?1, 3.2?, Direetive, Definition of to 3,7.1.3.10.1 Construction Change 1.1,1, 4.6.13, .i.12.6> 4.7.7, Directives 7.1, 7.3, 5.2.1, 6.2.2, 8.1.2, 8.2?. Construction Manager 9.3.1.1 41 9.2, 11.1.3, Construction Manager, and 2.2.3 11.3.6, 1 t.4.1 Building Permits Commencemene of the 8.1.2 Construction Manager, 4.7,2 Work, Definition of Claims against Communications, Owner to 2.2.6 Construction Manager, 4.6.7 Architect Camtnunicatians through Cammunicatians, Owner to 2.2.fi Construction Manager, and 3.10.1, 3.10.2 Construction Manager Cansenictian Schedule Cammunieations Construction Manager, 4.2.1 Facilitating Contract Definition of Administration 3.9.1 4.6.7, Construction Itlanager, and 3.11, l 5.2.1 I?c~uments and Samples at Completion, Conditions 3, t 1, 3.1 S, the Siee Relating to 4.6.5, 4.6.16, Construction Manager, 3.12.6, 4.7.2, 9,4.2, Extent of Authority 3.12.8, 4.3, 9.8.9.9.1, 4.6,3, 4.6.11, 9.10, 11.3.5, ?.1.2, 7 ~.1, 12.2.2, 13.7.1 7.3.1, 8.3.1, COMPLETION, 9 9.2.1, 9.3.1, PAYMENTS AND 9.4.1.9.4.3, Completion, Substantial 4.6.16, 9.8.2, 9.8.3, 4.7.5.2.8.1.1, 99.1, 12.1. 8.1.3, 8.2.3, 12.2.1, 9.5, 9.9.1, 12.2.4, 12.2.2, t3.7 14.2.2, 14.2.4 Cantplianee with Laws 1.3, 3.6.3.7, Construction Manager, 4.6.6, 4.6.10, 3.13, 4.1.1, Limitations of Authority 13.4.2 AiA Document A~t1C~TM -1~2. t.oppright c~ 1992 toy The American Institute of Arehitecis. Ail rights reserved. V?dA~#it~~§e Tip€~ Af AA; tfcs~ur$rent is init ' ' ''' "' " ' . pr+ _~ tai 11.5, t:o~ayrighf Lava ar fci !n rr fr€ 'e~. ` raclths~rs~e~i re~rtlelu~Ei~n gar sfl at ifaf~ 4fA I7o~uflre~f2, ae ~~tp isnctl~f~ nt i#, $ ~, f ~ Ef s~'d~b'4§ ~SV41 ~6-dl Gr€fX-S rfr~ 'Cflft~tl tt3 t~-&^ ~6°s~7b9fYa9: E 3' {~ 4&YD~&~C the d~~v. Thus S3D6UTnent Woe produced a hY AIA software et 07:40:54 qn 0&"14r'2~17 antler OrOer Wa 1000295114 1 whiefi ex~r®s on 4(4121708, seal i3 not for relate. Uset Notes: $513589948} n and Responsibility Construction Manager, and Submittals Canstntction Manager's Additianai Services and Expenses Canstructian Manager"s Administration of the Contract Construc:tian Manager's Approval Construction Manager's Authority to Reject Wark Construction Manager's Decisions Construction Manager's lnspectians Canstruciian Manager's On-Site C?bservatians Construction Manager's Relatianship with Architect Construction Manager's Relatianship with Contractor 3.10.3 12.2.1, 12.2.4 4.5, 9.4, 9,5 2.4.1, 3.1a.3 4.5.10, 12.2.1 7.3.5, 7.3.7, 7.3.8, 9.3.1, 9.4.1, 9.S.I 4,b.10, 9.4.3, 9.8.2.9.9.2, 12.1.1 9.5.1 1.1.2, 4.6.8. 4.b.10, 4.b.1 l , 4.6.14, 4.6.16, 4.6.18, 6:3.1, 9.2.1, 9.4.2, 9.4.3, 9.51, 9.6.1> 9.6.3, 9.8.2, 9.8.3, 9.9.1, 9.10.1, 9.10.2, 9.10.3, 11.1.3, 12.2.4, 13.5.1, 1.3.5? 13.5.4, 14.2.2, 14.2.4 3.2. I , 3.2.2 3.3.1, 3.3.3, 3.5.1, 3.7.3. 3.10.1, 3.10 ?, 3.10.3, 3.11.1, 3.12.5, 3.12.b, 3.12.8, 3.12.9, 3.12.10, 3.12.11, 3.13:?, 3x4.2, 3.15.2, 3.16.1, Construction Manager's Relationship with ©wner Construction Manager's Relatianship with Uther Contractors and Owner's Own Farces Construction Manager's Relationship v~rith Subcontractors Canstructian Manager's Representations Construction Manager's Site Visits Construction Schedules, Cantractar'S Caatingent Assignment of Subcontrstcts Continuing Contr~t Performance Contract, DeOnitian of CONTRACT, T>~RMn~AT>;oN UR SUSPENSION OF TkIE Caneract Administration Contract Award and Execution, Conditions Relating to Contract Documents, The Contract Dacutr-ents. Copies Furnished oral Use of 3.17.1, 3,18.1, 3.18.3, 4.b.3, 4.5.4, 4.6,6, 4.6.11, 5.2, b.2.i, b.z.2, 7.81.2, 7.2.81, 7,3.4, ?.3.6, 7.3.9, 8.3.1, 9.2.1,9.3.(. 9.4.1, 9.4.2, 9.4.3, 9.7.1, 9.8:2, 9.9.1, 9.10.1, 9.1 a.2, 9.1 a.3, 10.1.1, 10.1.2, 1x.1.5, 1a.2.5, 11.3.7, 12.1, 13.5.1, i 3.5.2, 13.5.3, I3.S.4 2.2.3,=1.b.1, 4.5.2, I O. I .b 4.b.3 4.6.10, 5.3.1, 9.b.3, 9,6.4 9.4.3, 9.5.1 9.4.4, 9.5.1 3,1 a, 4.5.3, 4.5.4 5.4 4.7.4 l.l:' 4.7.7, 5.4.1.1, 14 3.3.3, 4, 9.4, 9.5 3.7.1, 3.10, 5.2,9.'(, 1 1.1.3, 11.3,5, 11.4.1 1.1, 1.2, 7 1.3, 2.2.5, 5.3 AU1 Qeeut-s4nt A201tGMaTM - 1992. CoP'Y~9~ ~ f 992 by Th9 American Institute of Architects. AN rl tP+SA~RttPtKn. Phts AtA`' C~sa~€~rex~rat is fit, pry , I L ~ tl.. r~talZyrtght taw grid lret~rs~atte t{~~, ilrratettsssrt~ed re~elu~tia~n or pit=„ i~ AtA" ~acacuar~ent, trr sny p~rtt~an ~f tf, cr£; Rut( t~ ~~r~ ct~tt grad crirrrtn~€ rs~itl~m, s: ~ e,::_ ~m ~r~sectrt~d t+~ the r,~axirhazrn ~_t@rci ' ~rrd~r the tam. This d~urrtent vs~ ~ftu~t ~ g by AIA sottur-are 8t OT:dU:54 on 48tf 412007 under Order tdc. iQQ02951 f f i v~idr ex~r~ on 414/2t~. ara9 is rssi for resale. ~° t Mote: ($f } Contract Dacumt:nt~c, 1.1.1 4,6. i9< 5.2, Delinitian of 6.2:?, 7.3.4, Cantract Performance 4.7.4, 4.9.3 9.2, 9.3.1, Daring Arbitration 9.8.2, Contract Sum 3,8, 4.7.6, 9.10.3,1(}.1,2, 4.7.7.4.8.4, 10.1.5, 5,2,3, 7.2, 10.2.6, 7.3, 9,1.9.7, 11.3.7, 12,1, 11.3.1, I3.5 12.2,4, 12.3, Contractor`s Relatianship 1.1.2, 3.2.1, 14.2.4 with the Canstructian 3.2.2,3.3.1, Contract Sum, Definitian 9.1.1 )4lanager 3,3.3, 3.5.1, of 3.7.3, 3.7.4, Ccrntrac;t Time 4.7.b, 4,7.8,1, 3.10. { , 4.8.4, 7.2.1.3. 3.10.2, 7.3, 8.2.{, 3.10.3. 8.3.1, 9.7, 3.11.1, 12.1.1 3.12.5, Contract Time, Definition 8.1. l 3. i 2.6, of 3.12.8, CONTRACTUR 3 3.12.9, Contractor, Definition of 3.1.1, 6.1.2 3.12.11, Contractor's Sid 1.1.1 3.13.2, Contractor's 3.10 3.14.2. Construction Schedules 3.15.2, Contractor's Employees 3.3.2, 3.4.2, 3. t 6. I , 3.8.1, 3.9, 3.17.1. 3.18, 4.6.6, 3.18.1, 4.6.10, 8.1.2, 10.2. 10.3, 4.6.4, 4.6.6, 5.2, fi.2.1, 3.18.3, 4.63< 11.1.1, 6.2.2, 7.1.2, 7.2.1, 7.3.4, 14.2.1.1 7,3.6, 7.3.9.8.3.1, 9,2.1, Coutractor's Liability 11_i. 11.3,1.5 9.3.1, 9.4.1, 9.4.2.9.4.3, insurance 9.7.1, 9.8?, 9.9.1, Contractor's Relationship 3.12.5, 9.10.1, 9.1().2, 9.1{}.3< with Uther Cantracton and 3.14.2, 4.6.3, t 0.1. I ,10.1.2, 10.1.5, Qwner's Own Farces 4.6.7, 12.2.5 1{}.2.6, 11.3.7, 12.1, 13.5.1, Contractor's Relationship t.2.4, 3.3.2, 13.5.2, 13.5.3, 13.5.4 tiiith Subcontractors 3.18.1, Contractor's 1.2.2, 3.5.1, 3.18.2, 5.2, Representations 3.12.7, 6.2.2. 5.3, 5.4, 8,2.1, 9.3,3 9.6.2, 11.3.7, Contractor`s Responsibility 11.3.8. for Thane 14.2.1.2 Performing the Wark 3.3.2, :1.18, Contractor's Relationship 1.1.2, 3.2.1, 4.6.6, 10 with the Architect 3.2?, 3.3.3, Contractor's Review of 1.2.2, 3.2, 3.5. {, 3.7.3, Contract Documents 3.7.3 3.10.1, Contractor's Right to Stap 9.7 3.10.3, the Wark 3,11.1, Contractor's Right to 14.1 3.12.b, Terminate the Contract 3.12.8. Contractor's Submittals 3.10, 3.11, 3.12.9. 3.12, 4.6.12, 3,16.1, 3.I8, 5.2.1.5.2.3, 4.6.6, 4.6.7, 7.3.6, 9.2, 4.6.10. 93.1, 9.8.2, 4.6.12, 9.9.1, 9.10.2, ". - AtA Document A~S@lfCl4laTM -1~2. t;~yrlgM ~ t ~2 tsy The A Init f~t~ AiA ~~,€tamsret i~ merican Instihne of Architects, Ap rigfiNR s ` s~ q °; . ~ > - _. _ $ ,_./ t.B., l:~O~a}°t#f,~i`6$ tr~4~ a~ ,,~ ,~ t3(~ ~Citfr54~tB43rie3i Tre c'etleex. ttnh'§6$i'iYlrE~~~ X~(3rC3d'~$9C$PC?Pt oar t '"$ ` 'q" H. ~'7P' srsy 6$i~Y9 Rat Ii: L~ v r~ i$ Asa ~~Rter~ ~"suit ~r€~ ~rlstt lna4 (3~rF~lti~5, ~rRx~ arviil ~SraS~euBsnd i~, tPasx re~~sxirn€tm ~~a~n$ ; Ranzaee tree +~, ibis eumen4 Wag produc~l p by AIA software at 07:40:54 on 0$?t d12~7 under Order No. t{)OQ29bt f t_i Which expir9s on 414/2t)t~, ana is not for resale. user Notes: {5th} • 9.10.3, 9,5.1.6, 9.7 10.1.2. 11.4.2 Date of Commencement of 8.1.2 Contractor's 3.9, 10?.6 the Work, Definition of Superintendent Date of Substantial 8.1.3 Contractor's Supervision 1.2.4, 3.3, Completion, Definition of and Construction 3.4, 4,6.b, Day, Definition of 8.1.4 Pt~acedures 8.2.2, 8.2.3, Decisions of the Architect 4.6, 4.7, b3, 10 8.1.3, 8.3,1, Contractual Liability 11.1.1.7, 9.2, 9.4, Ittsarance 11.2.1, 9.5.1, 9.8.2, 11.3.1.5 9,9.1, 10,1 ?, Coordination anti t .2.2, 1.2.4, 13.5.2, CotTelatian 3.3.1, 3.10, 14.2.2, 14.2.4 3.12.7, 6.2.1 Decisions of the 43, 7.3.6, Cagier Furnished of 1.3, 2.2.5. Construction Manager 7.3.7, 7.3.8, Drawings and 3.11 9.3.1, 9.4.1, Specifications 9.4.3, 9.5.1 Correction of Wark 2.3, 2.4, pecisions to Withhold 9.5, 9.7, 3.2.1, 4.6.1, Certificatlan 14.1.1.3 9.8.2, 9.9.1, Defective or 12.1.'_, 12.2, lYanconforming Wark. 13.7,1.3 Accepwnce, Cost, Definition of 7.3.6 Rejection and Correction of 2.3, 2,4, Costs 2.4, 3.2.1, 3.5.1, 4.6.1, 3.7.4, 3.8.2, 4.b. i0, 4.7.5, 3.15.2., 4.7.b, 9.5, 9..8.2, 4.7.7, 4.7.8.1, 9.9.1, 10.2.5, 5.2.3, 6.1.1, 12, 13.7.1.3 6.23, 6.3.1, Defective Wark, Definition 3.5.1 7.3.3.3, 7.3.6, of 7.3.7, 9.7, Definitions 1.1, 2.1.1, 9.8.2, 9.10.2, 3.1, 3.5.1, 11.3.1.2,11.3. 3.12.1, 1.3, 11.3.4, 3.12.2, 11.3.9, 12.1, 3.12.3, 4,1.1, 12.2.1, 4,2.1, 4.7.1, 12.2.4, 5.1, 6.1.1, 12.2.5, 13.s, 7.2.1, 7.3.1. 14 7.3.6, 8.1, Cutting and Patching 3.14, b.2.6 9,1, 9.8.1 Damage to Cansiruction of Delays aaui Extencians of 4.7.1, 4.7,8. i. Owner or Othee Tlme 4.7.8.2, 6.1.1, Contractors 3.14.2, b.2.4, 6,2.3, 7.2.1, 9.S.1.S, 7.3,1.3, 7.3,4, 10.2.1.2, 7.3.5, 1.3.8, t0.2.5, 10.3, '7.3.9, 8. l . I , 11.1, 11.3, 8.3, 10,3.1, 12,2.5 14.1.1.4 Damage to the Work 3.14.2, 9.9. I, Disputes 4.7, 4.8, 4.9, 10.2.1,2. 6?.5, 6.3, it1.2.S, 10.3, 7,3.8, 9.3.1,2 11.3 Documents and Samples at 3. t 1 Damages, Ctaims for 3.18, 4,6.9, the Site 6.1.1, b.2.S, Drawings, Definition of 1,1.5 8.3.2, 9.5.1.2. Drawings and 10.1.4 Specifications, Use ami Damages for Delay 6.1,1, 8.3.3, Ownership of 1.1.1, 1.3, AIA Document A~ptJC~far"' -1992. C~tyrtght ®9992 try The Ameifcan Institute A# Nchitects. A!i ri~tta ~~~9f~~; Tfi3~ ~#~'~' ~sacumers# is lrtlt • ~ , pro#~Ct~ff t8y ~.. R.a~ ?C t.; ~n@t tr8#~S&c"8#4i8t1~i Tresti~~, tJfiitBtltC~KI~~$~ r~aduC#i~n ur ~ bt& $ " C~~~~4'Sl~nt: A&' any jsOrttAn oaf ~~, , ~ sra~y r~~~al% in ~~~e re ..:3 ~nA ~r(g~'¢€ra~3 par~~lYi~~, ~snc4 w s4Y be ~rsase~t~teA #ca 4tBe rnexiresuar€ ex~e¢tt ~o~.~scsle a:, .w. „;e te~+a. This docaunenf we9 ~uced ay AIA software at 09.44:54 on Q8J14J21m7 under C?tder Na. i 000295 f f i_t which expires an 414!2008, and is not for resale. User Notes: (6t3583948' • i 2.2.5, 3.11, Fire and Extended } 1,3.1.!, S.3 Covera8e Insurance 11.3.5, l 1,3.7 putt' to Review Contract 3.2 GF.NIHRAL 1 Dcx°utnents anti Field PROVISIONS Candtttons Governing Law 13,1 Effective bats of Insurance 8.2.2, 11.1.2 Guarantees (See Warranty Emergencies 4.7.7, 10.3 and Warranties) Etnployees, Cantractar's 3.3.2., 3.4?, Hazardous Materials 10.1, 10.2.4 3.8.1, 3.9, Identification of Canuact 1.2,1 3. I8.1, D~uments 3. I8.2, 4.6.6, Identification of 5.2.1 4.6.10, 8.1.2, Sulxonuactors and 113.2, 10.3, Suppliers i 1. I.1, Indemnification 3.17, 3.18, 14:Z. I.1 9.10.2, Equipment, Latx}r, 1.1.3, I ,1.6, 10. I .~, Materials and 3.4, 3.S.1, 11.3.1.2, 3.8.2.3.12.2. 11.3.7 3.12.3, Infarmatian and Services 2. ! .'_, 2.2, 3.12.7, Required of fire Owner 4.7.4, 6.2.6, 3.12.1 t, 3.13, 9.3.2, 9.6.1, 3.15.1, 9.6.4, 9.8.3, 4.6.12, 6.2. t , 9.9.2, 9.10.3, 7.3.6, 9.3.2, 10.1.4» 11.2, 9.3.3, 11.3, l 1.3, 13.5.1, 12.2.4, I3.S.2 14, I.2, Injury ar Dat~ge to 4.T.9 14.2.1» 14.2.? Person ar Property Execution and Progress of 1.2.3, 3.4.1, Inspections 3.3.3, 3.3.4, the Work 3.5.1.4.6.5. 3.7.1, 4.6.5, 4.6.6, 4.7.x. 4.6.6, A.6.i6, 4.7.8, 6.2.2, 4.7.6, 9.4.3, 7,1.3, 8.2, 9.8.2, 9,9.2, 8.3, 9.5. 9.10.1, 9.9.1, 10.2.3, 12.1.1, 13.5 10'.4 Instructions to Bidders I.1.1 Execution, Correlation 1.2, 3.7.1 Instructions to the 3.8.1, 4.6.13, and Intent of the Contractor 5.2.1, 7, 12. t, Contract Dat:uments 13.5.2 Extensions of Time 4.7.1, 4.7.8> Insurance 4.7.9, 6.1.1, 7 2.1.3> 8,3, 7.3.6.4, 9.3.2, 10.3.1 9.8.2, 9.9.1. Failure of Payment by 9.5.1.3, 9. t ~ 2, 1 l Contractor 14.2.1.2 Insurance, Bailer and 11.3.2 Failure of Payment by 4.7.7, 9.7, Machinery Owner 14.1.3 Insurance, Contractor°s 11.1, Faulty Vdark {See Liability 11.3.!.13 Defective or Insurance, Effective Date 8.2.2, 11.1.2 Nonconforming Work) of Final Completion and 4.6.1, 4.6.16, Insurance, Loss of Use 11.3.3 Final Payment 4.7.2, 4.7.5, Insurance, Owner's 11 Z, l 1.3, t .3 4.10, 11.1.2, Liability 11. t .3, Insurance, Property 10.2.5, 11.3 11.3.5, Insurance, Stared Materials 9.3.2. 12.3.1, 13.7 11.3.1.4 Financial Arrangetnents, 2.2,1 INSURANCE AND 11 Owner's BONDS tntt AIA moment A~ltIC1~s"' -1~2, C~yright (+~ 2992 by The American institute of Architects. Alt rights reserved, ~~~~€~€~: T?th~ ~~', ®o~ctcarent `sa ` ° '~ " . ~ ~ ; r vtir~~. tta€~~€4ht~rp~~e3 r~~a~a~du~tion or art call ~i~ A@~ Cte~~~asn~€et, or any tosB~~cr o1 it. ~~~ 9rat~rrra3~5az~~i 7 r~ i~ rr?€raaf ~ae€aattie~, ara€3 us€I€ t~ prose~zat~ci let ktt~ rr~aaarrssarrD + at {e €ar~~~i" f€t~ Ian. ThiB doctmtenf waS produced r j " by AtA software at 07:48:34 an 08%2 4f2~7 under Qrcler No. t 1100295 t t 9 _t whicfi expires on 4t4t2QU$, acrd ss not for riser dotes: resaRe. (5133$9948) Cnsurance Companies, Consent to Partial C)4CUpanC~ lnsuranc'e Companies, Settlement with Intent of the Contract Docurt~nts • N~ Interest Interpretation Interpretations, Written Joinder and Consolidation of Claims Rec}uired Judgment on Final Award Labor and A+lateriaLss„ Equipment Labor Disputes Laws and Regulations Liens Limitation on Consolidation or Joinder Limitations, Statutes of Limitations of Authority Limitations of Liability 9.9.1, 11.3.11 11.3.10 1.2.3, 3.12.4, 4.6.10, 4.6.12, 4.6.19, 4.6.20, 7.4 t3.b 1.2.5, 1.4, iS, 4.1.1, 4.7.1, 5.1, 6.1.2, 8.1.4 4.6.18, 4.6.19, 4.7.7 4.9.5 4.9.1, 4.9.4.1, 49.? 1.1.3, 1.1.6, 3.~i, 3S. t, 3.8.2, 3.12,2, 3.12.3, 3.12.7, 3.12.t 1, 3.13. 3,15.1. 4.6,12.6.2.1, 7.3.6, 93.2, 9.3.3, 12.2.4, 14.1.2, 14.2.1, 14.2.2 8.3.1 1.3, 3.6, 3.7, 3.13,4.1.1, 4.9.5, 4.9.?, 9.9.1, 10.2,2, 11.1, 11.3, 13.1, 13.4.1, 13.5.1 y 13.5.2, 13.6 2.1.2, 4.7.2, 4.7.5.1, 8.2.2, 9.3.3, 9.10.2 A,9S 4.9.4.2, 12.2.6, 13.7 3.3.1, 4.6.12, 4.6.17, 5.2.2, 5.2.4, 7.4, 11.3.10 23, 3.2.1, 3.5.1, 3.7.3, 3.12.8, 3.12.11, 3.17, Limitations of Time, General Limitations of Time, Specific Loss of Use Insurance Material Suppliers U 3.18, 4.6. i0, 4.6.12, 4.6.19, 6.2.2, 9.4.3, 9.6.4, 9.10.4, 10.1.4, 10.2.5, 11.1.2, 1 i.2.1, 11.3.7, 13.4.2, 13.5 2.2.I, 2.2.4, 3.2.1, 3.7.3, 3.8.2, 3.10, 3.12.5, 3.15.1, 4.6.1, 4.6.12. 4.6.1$, 4.?.2, 4.7.3, 4.7.4, 4.7.6..4.7.9, 4.6.4.2, 5.2.1, 5.2.3, 6.2.4, 7.3.4.7.4, 8.2, 9.2, 9.5, 9.6?, 9.8, 4.10, 11.1.3, 11.3.1, 113.?, 11.3.5, 11.3.6, 12.2.1, 12.2.2, 13.5, 13.7, 14.3 2.1.2, 2.2.1, 2.4, 3.t0, 3.11,3.15.1, 4,6.1.4.6.18, 4.7, 4.8, 4.9. 5.3, 5.4, 7.3.5, 7.3.9, 8.2, 9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6. 11.3.10, t 1,3.1 I, 12.2? 12.2.4, 12,2.6, 13.7, 14,1, 14.2? 11.33 1.3.1, 3.12.1, 4.6.7, 4.6.10, 5.2.1, 9.3.1, 9.3.1.2, 9.3.3, AiA Oacurr~-t a2p11ClAe*r -1r~2. capytrtgi-t ~ 1982 by The American Insittute of 1drs~itects. A11 ttBhfs ~ ~a~~3~9t~~: '6'hi~ ke,t~~ t~e~asra~s~et I~ prtai d fs~ R.P. s. Gv~xyaigtat €~~ ;~rsd tsaterrs4ota~! Tr~~ti~w, ttraaa~s~ri~~d rejalKSds~s~t€:zra car a~~trt~aatiors apt iFads iA`~ ~to~tarrs~r~t, csr z~ra~ or~lars of it, g e _ B re_ _. .: tza s~v~re &ivil ~rsd erimirtaf anai83e:~> sad ~i!! pro~e~aat~+~ Its the ma~irratam extent ossf~ie ssrar3~t ila~ 9aa~~t. Ttrie p'RSift w&9 U>~ ~ are at 0T:44:S4 ort {l8t1 d12tK,17 urre9rar Order tYo.1 QCi0Z$511 t _t wttit~s expires on 4f4t20H8, arxt is rmt for resale. (Si358994r~} Init. "1 9.4.3, 9.6.5, 9.10.4 Materials, Hazardous t0.1, 10.2.4 Materials, Labor, 1.1.3, l .1.6, Equipment and 3.4. t, 3.5.1, 3.5.2.3.12.2, 3.12.3, 3.1.2.7, 3.12.11,3,13, 3.15.1, 4.6,12, 6:?.1, 7.3.6.9.3.2, 9.3.3, 12.2.4, 14.1.2, 14.2.1, 13.2.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 4.6.6, 4.6.12, 9.4.3 lYtinor Chateges in the l .1. t. 4.6.13, Work 4.7.7, 7.I, 7.4 ~~><sc~L~AN>;avs I3 PRQVISIONS Modifications. Definition 1,1.1 of Modi6caticans to the 1.1.1, 1.1.2, Contract 3.7.3, 3.11, 4.1 ?> 4.6.1, 5.2.3, 7, 8.3.1, 9.7 14ItItelal Aesponsiliility (>.~ Nonconforming Work, 12.3 Acceptance of Nonconforming Work, 2.3.1, 4.7.5.2. Rejection and Correction of 9.5.2, 9.8.2, 12, 13.7.1.3 Notice 2,3, 2.4. 3.2.1, 3.2.2, 3.7.3, 3.7.4, 3.9, 3.12.8. 3.12.9, 3.17, 4.7,3.5.4, 4.9, 5.2.1, 5,3> 5.4.1.1, 8.2.2, 9.4.1. 9.5.1, 9.7, 9.1(1, I0.1?, 10.2.6, ! t.1.3, 11.3, t 2.2.2, 12.2.4, 13.3, 13.5.1, 13.5.2, 14, Notice. Written 2.3, 2.4, 3.9, 3.12.5, 3.12.9,4.7. 4.5.4, 4.9, Notice of Testing and Inspections Native to Proceed Notices, Permits, Fees send Observations, Architece's On-Site Observations, Construction Manager's OmSite Observations, Contractor's Oecupancy On-Site lnspeetions by the Architect On-Site Observations by the Architect On-site Ob.4ervatians by the Construction Manager Orders, Written Other Contracts and Contractor UWNER Owner, Definition of Uwner, Information and Services Required of the Owner's Authority • 5.2.1, 5.3, 5.4.1,1, 5.2.2, 9.4.1, 9.5.1. 9.7, 9, t0, 10.1.2, 10.2.b, 11.1.3, 11.3, 12.2 ~, 12?.4, I3.3, 13.5,2, 14 13.5.1, 13.5 5.2 2.2.3, 3.?, 3.13, 7.3.6,4, 10,2.2 4.6.5, 4.6.9, 4.6.10, 4.7.6, 9.4.4, 9.5.1, 9.10.1, 22.1.1, 13,5 9.4.4, 12. l . l 1.2,2, 3.2.2 9.6.6, 9.5.1, 9.9, 11.3.11 4.6.5, 4.6.16, 4..7.6, 9.4.4, 9.5.2, 9.9.2, 9.10.1 4.6.5, 4.6.9, 4.7.6, 9.4.4, 9.5.1, 9.10.1. 13.5 9.4.4, 9.5.1 2.3, 3.9, 4.7.7, 7, 5.2.2, 11.39, 12.I, 12.2. 13.5.2. 14.3.1 1.1,4, 3.14:?, 4.6.7, 4.9.5, Ci, 11.3.7, 12.1.2, 12.2.5 2 2,1 2,1.2, 2.2, 4.6.z, 4.6,4, 6, 9, 10.1.4, 10.1.6, 11.2. 1 t.3, 13.5.1, 14.1.1.5, 14.1.3 3.8.1, 5.2.1, 5.2.4, 5.4.1, 7.3.1, 5.2.2, A!A uocument IS2p1tCTM -1892. CapyNght L~ t992 by The American institute of Architects. Att Nghts reserved. V~AN~tt~t0: Thte AfA" Oocccment is trraat~ctett try t1., tyrzpyris~ht ~sw end ie€t~rraations2 Teeati~~. Ctna€~thcari~eef represductipn rtr e3istrbution of this Ai`A'" oouaa5errt, car er€y ptrrticrn of its rrray rs~,talt t€a s~+~er~ n3~il and criersincaE Penaities~ ~egc1 wi€(~ tarzr~ecut~d to itle msxfsncrm sxtcnt pca~~3ta(e unr the law. This document was proOuCed by AIA software at 07:40:5$ on OStt 412007 under Order No.10002951 t i _ t which expires on 414:'2008, and is riot for resale. User Notes. t5t35i39948g ~~ C7 10 1rt11, Owner's Financial Capability Owner's Liability It~urance Owner's Loss of Use Insurance Owner's Relationship with Subcontractors Owi~r's Right to Carry Out the Work Owner's Right to Clean Up Owner's Right to Perform Canst~ction with Own Forces and to Award other Contracts Ow~r's Right to Stop the Work Owner's Right to Suspend the Work Owner's Right to Terminate the Contract Ownership arnd Use of Architect's Drawings, Specifications and Other Documents Partial Occupancy or Use Patching, Cutting and Patents, Rayaltie5 and Payment, Applications far Payment, Certificate for Payment, Failure of Payment, Final • 9.3.1,9.3.2, 1i.3~, 12.3.1 11.4.1 > Fayrnent Bond, 7.3.6.4, ! 2.2.4, Perfortnce Bond and 9. i 0.3, 13.5.2, 14.2, l 1,3.9, lha 14.3,1 Payments, Progress 4.7.4, 9.3, 2.2.1, 9.6, 9.8.3, 14.1.1.5 9.10.3, 13.6. 11.2 14.2.3 PAYMENTS AND 9, l4 11.3.3 CONtPLETION Payments to 5.4.2, 9.5.1,3, 1.1.2, 5.2.1, Subcontraceors 9.6.2, 9.6.3, 5.4.1, 9.6.4 9.6.4, 11.3.8, 2.4, 12.2.4, 14.2.1.2 14.2.2.2 PCB i 0.1.2, 6.3 10.1.3, 10.1.4 Performance Bond and ?.3.6.4, 6.I Payritent Bond 9.10.3, 11.3.9, t 1.4 Permits, Fees anal Notice 2.2.3, 3.7, 3.13, 7.3.6.4, 2.3, 4.7J 10.2.2 PERSONS AND 1Q 14.3 PROPERTY, PROTECTION OF 14.2 Pol},rchlorinated Biphenyl 10.1.2, 10.1.3, 10.1.4 l.l.l, 1,3, Prcxiuct Data, Definition of 3.12,2 2.2.5.5.3 ProduM Data and 3.11, 3.12, Sample, Shop Drawingsc 4.2.1 Progress and Completion 4.6.5.4.7.4. 9.6.6, 9.9, 8.2 t 1.3.11 Progress Payments 4.7,4, 9.3, 3,14, 6.2.6 9.6, 9.8.3, 3.1? 9.10.3, 13.6, 4.6.9, 9.2, 14.2.3 9.3, 9.4, Project, Definition of the 1.1.4 9.5.1, 9.8.3, Project Manual, l.l.? 9.10.1, Definition of the 9.10.3, Project Manuals 2.2.5 9.10.4, 14.2.4 Project Representatives 4.b.17 4.6.9, 4.6. I6, Property Insurance 10.2.5, 11.3 9.3.3, 9.4, PROTECTION OP 10 9.5, 9.6.1 > PERSONS AND 9.6.6, 9.7.1, PROPERTY 9.8.3, 9.10.1, Regulaeions and Laws 1.3, 3.6, 3,7, 9.10.3, 13.7, 3.13, 4.1.1, 14.1.1.3. 49.7, 10.2.2, 14.2.4 11.1, 11.3, 4.7.7, 9,5.1.3, 13.1, 13.4, 9.7, 9.10.2, 13.5.1, 14.1.1.3, 13.5.2, t 3.6, 14,2.1.2 14 4.6.1, 4.6.16, Rejection of Wort: 3.5.1, 4.6.10, 4.7.2, 4.7.5, 12.2. 9.10, 11.1.2., Releases of Waivers and 9.10.2 11.1.3, Liens A!A t3aeUteterK A2D11CR~Ta -1982. toapyNght ~ 1992 by The American Institute of A+~hitects. Art eta reserved, ar~At~tfit; TRsf~ ~t~~ ~ rta~ni ~~ pr~ate;ct~d Ray ti.~. ~ F'tht L.a~st end tnt~rn~ti~ara~t Tr~~atl~:~. tlnataEReari~€ d repradtaeti9n ear di~tr-lautian eat fh3~ Ai,~'" Cavcte€n~r~4, ear a y p , of ~ ,) reany rn~~ait ire ~e :and crimtrgsl ra~Rti~s, end s~lil Ezea prasut~d &~ fhb aia~axistaurn ~xt~ari ~~iht~ teaad~r ih~ t~~a. This dacurr~ni was pralus~d hY AtA saitwars ai 07:40:54 an 05ti 4/200T under Order ~.100t3295111 _i which expires on 41412008. arxi it? r~Dt tar resets. U~r Nbtee: {313559948) i • Representations 1.2.2, 3.S.I, Contractors 3.12.7, fi.2.2, Shop Drawings, Definition 3.12.1 8.2.1, 9.3.3, of 9.4.3, 9.5.1, Shop Drawings, Product 3.11, 3,12, 9.8.2, 9.10.1 Data atxl Samples 4.fi. i 1, Representatives 2.1.1, 3.1.1, 4.6.12, 4.fi.15 3.9.4.1.1, Site, Use of 3.13, 6.1,1, 4.6.I, 4.6.17, 6.2.1 5.1.1, 5.1.2, site inspections 1.2:?, 3.3.4, 13.2,1 4.6.5, 4.6.16. Resoitition of Claims and 4,$, 4.9 4.7.6, 9.8.2, Disputes 9.10.1, 13,5 Responsibility far Those 3.3.2, 4.6.6, Site Visits, Architects 4.6.5, 4.6.9, Performing the Work 6,2., 10 4.7.6, 9.4, Retainage 9.3.1, 9.6.2. 9.5.1, 9.8.2, 9.$.3, 99.1, 9.9.2, 9.10.1, 9.10.2, 9.10.3 13.5 Review of Contract 1.2.2, 3.2, Special Inspections and 4.6.10, Documents and Field 3.7.3, 3.I 2.7 Testing 12.2.1. 13.5 Conditions by Contractor Sge~cifications, Defiinti tion 1.1.6 Rivi~ICw of Cofliractor's Of the Submittals by Specilicatians. The l.l.l, 1,1.6, Owner, Construction 3.10.1, 1.1.7, 1,2.4, Manager and Architcet 3.10.3, 3.11. 1.3, 3.11 3.12, 4.6.12. Statute of Limitations 4.9.4.2, 4.6.16, 5.2. l , l 2.2.6. 13.7 5.2.3, 9.2, Stopping the Work 2.3, 4.7.7, 9.8.2 9,7, l t1,1.2, Review of Shop Drawings, Pnxiuct Data and Samples 3.12.5 Stored Materials 10.3, 14.1 6.2.1, 9.3.2, by Contractor 10.2.1.2, Rights and Remedies 1.1.2, 2.3, 11.3.1.4, 2.4, 3.S.t, 12.2.4 3.15.2, Sulx:cantractor, Definition 5.1.1 4,6.10, 4.7.6, of 4.9, 5.3, 6.1, SUBCQN'CRACT4RS S 6.3.7.3.1, Subc:ontractnrs, Work by 1.2.4, 3.3.2, 8,3.1, 9.5.1, 3.12.1, 4.6.6, 9.7, 10.2.5, 4.6.10, 5.3, 1 t1.3, 12.2:?, 5.4 12.2.4, 13.4, Subcontractual Relations 5,3, 5.4, 14 9.3.1.2, 9.6.2, Royalties and Patents 3.17 9.6.3.9.6.4, Rules and Notices far 4.9.2 10.2.1, Arbitration 11.3.7. Safety of Person and 1tiZ 11.3.8, Property 14.1.1, Safety Precautions and 4.6.6.4.fi.12, 14.2.1.2, Programs 101 14.1.3 Samples, Delinitiran of 3.12.3 Submittals 1.3, 3.2.3, Samples, Shog Drawings. 3.11, 3,12, 3.10, 3.11, Praluct Data and 4,6. t 2 3.12, 4.6.12, Samples at the Site, 3.11 5.2.1, 5.2.3, Documents and 7.3.6, 9:2. Schedute of Values 9,2, 9.3.I 9.3.1, 9.8.2, Schedules, Construction 3.10 9.9.1, 9.10:2, Separate Contracts and t .1.4 9. l 0,3, 11.1.3 1niG AtA t~aeum~t A20i/CA~n+ -1992. Copyrtgrit c~a 1992 by The American Institute of Architects, A!1 r{ght;a resatved, t~~t~tf~. This AtA' t~cscuc~rcnt €~ ' ` ' : '' " ?, " `° Lc,ra ~rr~ Irat~r~-Ylen~t 1 r~~taa?~, tbn~uttaear(~~af r~prc~ducfi~¢s~ ear c '.r il • c~tic~es ct tffti~ ~IaA t3eccueraor~t, szv ~r~y partiora ~$ i9, 1~ ~ rr Eas , ~ . ~s~ . . st . ~ ~ ~rimias~i P , end $aiif fro pr~ssec€xt~€~ is itr€~ m~~imu~ t uzsxataie unrtcx itsc (o~e~ This document was produced 6y AtA software at 07,00:5$ on Q81t4f2007 under t3rder ~.1000295t t t_t which expires on 41412008, artd is not for resale. U' t~l te 513589948 a: a ( ) Inlt d ^~^~~ subrogation, Waivers of Substantinl Completion Substantial Completion, Definition of Substitution of Sutx:antractars SubsYttutian of Architect Substitution of Construction Manager Substitutions of Materials Sub-subt:antraceor, Definitian of Subsurface Conditions stttr~e~so~ Ana Assigns superintendent Supervttsion stud Cotostruction Procedures Surety Surety, Cansent of Surveys suspension by the OwneP far Convenience Suspensian of the Wank Suspensian ar Terminatian of the Cantract Taxes Termination by the Contractor Termination by the Owner for Cause Terminatian of the Architect Tetmination of the Canstruction Manager Terminatian of the Contractor TERMINATION OR SUSPENSION OF THE CONTRACT Tests and Incp~tionas TIME Time, Delays and 6.I.1, 11.3.5, 11,3:9 4.6.16, 8.1.1, 8.1.3.8.2.3, 9,8, 9.9. i, 12.2.1, 12.2.2, 13.7 9.8.1 5.2.3. S.2.4 4,4 4.4 3.5.1 5.1.2 4.7.6 13a 3.9, 10.2.6 1.2.4, 3.3, 3.4, 4.6.6, 4.7.4, 6.2.4, 7.1,3, 7.3.4, s.2, 8.3.1, tt~, q12, 14 4.0.1, 4.0.4, 5.4.1: 9.10.2, 9,10.3, 14.2.2 9.10.2, 9.14.3 2.2,2, 3.18.3 14.3 4.7.7, 5.4.2, 14.1.1.4, 14.3 4.7.7, 5.4,1.1, 14 3.b, 7.3.6.4 14.1 5.4.1. I , 14.2 4.4 4.4 14.2 14 3.3.3, 4.6.10. 4.fi. i 6, 9.4.3, 12.2.1,135 4.7.8, 7.2.1, Extetrsiorts of Time titnits, Specific Time Limits on Claims Title to Work UNCOVERTNG AND CORRECTION OF WORK Uncovering of Work Unfareseen Canditians Unit Prices Use of Dcu:uments Use of site Values, Seht~dule of ~'Vaiver of Ciaimsz Final Payment Waiver of Claims by the Architect Waivee of Claims by the Contractor Waiver of Claims by the Owner Waiver of Liens Waivers of subrogation Warranty and 'Warranties i 2.1.2, 2.2.1, 2.4, 3.10, 4.6.18, 4.7, 4.8. t, 4.8.3, 4.8.4, 4.9.1, 4.9.4.1, 4.9.4.2, 5.3, 5.4, 7.3.5, 7.3.9, $,2, 9.2.9.3.1, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.8.2, 9.10.2, 11.1.3, 11.3.6, 11.3.10, 1 t.3.! 1, 12.2?, 12.2.4, 12..'..6, 13.7, 14 4.7.2, 4.'7.3, 4.7.69 4.7.9, 4.8, 4.9 9.3.2, 9.3.3 12 12.1 4.7.6, 8.3.1, 10.1 7.1.4, 7.3.3.2 1.1.1, 1.3, 2.2.5, 3.12.7, S.3 3.13, 6.1.1, 6.2.1 9.2, 9.3.1 4.95, 4.9.1, 9.10.3 13.4.2 9.10.4, 11.3.7, 13.4.2 4.7.5, 4.9.1, 9.9.3, 9.10.3, 1.3.3, 11.3.5, 11.3.7, 13.4.2 9.10.2 6.1.1, 11.3.5, 11.3.9 3.5.4.6.16, 4.7.5, 9.3.3, 9.8.2, 9.9.1, 12.2.2, AIA t~-cumstft A2t}t/C*'r -1~2. CopyNght (~ 1982 by The American Institute of ArGtitects. All rtghtt# r . rn?~~tttit~: "tFei~ ~at~=~. ara~sa¢aa~stt is pretsct~tt b}+ t#.a. ~ yrtayt~t L~v~ attend Tr~~tt~s, tlnassttreri~ reprsactuctic i , t .a ¢h ~lta'a e~s~rrrent, csr sny periS~ra cat it, .~ 3 envy rc~x¢!t '€n ~~u~re ~3~bi ~raet crsrnEi;, ..;ttt.:s, aanat fit ~e pra~e~a~t~d t~ the rraaxt€sas.„r _. ~s _:ar.;r flee lacy. This deaiment w produced by AtA &ottuuaue at 1)7:40:54 Dn ptittAt2Qtr7 under t~'der RfO.itI0028511 i_t u~tit~i expires an 414t20Q8, arttt is rant far resets. Uaet Notes: (51 I 13.7.1.3 Weather i3elays 4.7.8.2 When Arbitration lw~ay ~.9.~ Be Dencled Work, L?clinition at t.1.3 Written Consent 1.3.I, 3.12.8, 3.14."x, 4.7,4, 4.9.5,9.3.2, 9.8.2, 9.9.1, 9.1~ 2, 9.1 a.3, I a.1.2, 1 a.1.3, 1.3.1, 11.3.1.4, 11,3.11, 13.2, 13.4.2 Written Interpretations 4.6.113, 4.6.19, 4.7.7 i~Yritten ~iatice 2.3, 2.4, 3.9, 3. l 2.8, 3.12.9, 4.7.1, 4.7.6> 4.7.9, 4.8.4.4,9.4.1, init. A!A t?ocument A201JGMa4° -1992, ~Yd9M (~ 1992 by The American Institute of Architects. Ati rtgttts reserved. i~t~~f~i91~: rBtis AIA~ ~ezccarprerac ie ^°'°,~ t' c ~ rirot~t #.;~^^r Brad tntertaatiearase Treaties. Urasu9hGri~ea~ re~r~adra~l3tara ar dasErikstati~sn of tats ~#A" t3rscuerrt, or stay ~S~R'It~ra dal €!, 1~ ¢YSe s,~t .~± ~~e?rs , a~, ~i i,nira~E ~~n~tt"see:, ~raai matt tae ~Sreactti~rt i~a £tns ms~imum ~~fl~itt pcrssitate under th~~ text. This document was produced ay AtA sattware at 07.40:54 on 08J t 4J2oo7 under Order tVo.1000295191 _t which expires on 4i4t2008, and is not far resets, User Notes: (5135899481 • 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9,4, 9.5.1, 9.7, 9.1a, ta.l.2, 1a.2.6, 11.1.3, 11.3, 12.2.2, 12 ?.4,13.3, I3.S.2, l4 Written Orders 2.3, 3.9. 4.?.7, 8.2.2, 11.3.9, 12.1, 12.2, 13.5.2, 14.3.1 J ~~ LJ • ARTIGt.E 1 {iEMERAI. PRO~~tONS § 1.1 ~14SIG t9EFItdIT~NB ~ 1.1.1 THE CQNT(~CT t'EQCUINEEITS The Cantract Documents consist of the Agreement between Ucvner and Contractor {hereinafter the Agreement), Conditions of the Cantract (General, Supplementary and other Conditions}, Drawings, Speci6catians, addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is l l) a written amendment to the Contract signed by both parties, l2) a Change ©rder, l3} a Construction Change Directive ar (d) a written order for a miner change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such a,~s bidding requirements !advertisement ar invitation to bid, tnsiructians to Bidders, sample farms, the Contractor's bid or portions of addenda relating to bidding requirements), § 1.1.2 THE COAfTRACT The Cantract Da:uments form the Cantract fur Construction. The Cantract represents the entire and integrated agreement between the parties hereto and sugersedes prior negatiatians, representations ar agreements, either written or oral. The Contract may be amended ar modified only by a Madificatian. The Cantrace Documents shall nut Ise construed tc~ create a contractual relationship of any hind l I) between the Architect and Contractor, l2) between the Gonstructian Manager and Contractor, l3}between the Architect and Construction Manager, (4) between the Uwner and a Subrontractar ar Sub-subc:antractor or (5) between any persanc ar entities other than the Owner and Contractor. The Construction Manager and Architect shall, however, rte eneitled to performance and enforcement of obligations under the Cantract intended to facilitate performance of their duties. § 1.1.3 THE WURK The term "Work" means the construction and services required, imglied, ae reasonably inferable from the Contract Dc~uments. whether completed or partially completed, and includes all other labor, materials, equiptttent and services provided ar to be provided by the Contractor to fulfill the Contractor's obligations. 'The Wark may constitute the whole ar a Bart of the Project. The Wark includes providing such supplementary ur miscelfaneaus items, appurtenances and devises to the extent required by, or reasonably inferable Pram, the Contract Dacurt~nts {whether shown or not} incidental to or necessary for a sound, secure, complete and functional installation. Further, the Work includes all !attar, materials, equipment and services necessary to complete its Work in accordance with all applicable laws, including building related axle requirements. § 1.1.4 THE PRQJECT The Project is the fatal construction of which the Work pert'ormed under the Contract Dac:ument,c Wray ~ the whole ur a part and which may include eanstructian by other Contractors and by the Owner's own farces including persons ar entities under separate contracts not administered by the Construction Manager. § 1.1.8 THE 13~,WIl<1GS The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. § 1.1.6 THE SPEGIFtCATlOt1S The Specifications are that portion at the Cuntrac:t Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of refaeed services. § 1.1.7 THE PRAJECT MANUAL The Project Manual is the volume usually assembled far the Wark which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. ~ 1.1.8 FURNISH Unless specifically limited in context, the word "furnish" and any derivatives thereof shall than to deliver the specified items, materials or equipment land all necessary appurtenances to the extent required by, or reasonably inferable from, the Cantract Documents fur a proper installation) to the Project site and stare in a secure lacarian. tntt. +~- tit Jt~,-tt+Ct~a*~ - t~2, cov~adr ~ ttr92 by American rrtStitUta of ard+ite~s. tart N~+~ ~~~,nnPUa; rni~ ~t~ ~ tt~~~~P r~ s E r _e lt~~. ~e~p~rP~ht 6.~~ ~r~~ rrat~rczicar+et 'rr~afies, U rsau grtrc~ ra:~re~~xsctP~+~a ~i~~3Pse~fi~sr~ rsf tPeis 4P0;" cr~rat~nt. ear ~P,y rti~n ei; ai, ~ 5 rn_ : fl.,.:rea~ ci~iP ~~rsi ~rimirn~t p~a~st4fes> ~xxct ~tsPf ks: gsr.:.s_ ::.. !Pare maslr$tuer~ esteaat ~essli~lrg ~trs~~e tPae taco. This ent s by AtA s+tttware at 87:40:54 on 0$1t4~2rm7 uralar Ordar No.t0002&'St t t_t whit~t ex~re~s on 41412008. ark is trot fcr resat. i~, tsar Ptsttea: t5t35899481 § 1.1.9 tNSTAII The ward "install" and any derivatives thereof shall -xrean to incorporate the specified items, materials ar equipment into the Work including all necessary labor, materials and connections to the extent required by, or eeasanabty inferable from, the Cantract Dc~uments to ~rfarm a proper and complete installation of the items, materials or equipment in a condition ready far use or operation, including but nut limited to, unpacking and assembly of the item, material or equipment. § 1.1.19 PROVIDE The word "provide" and any derivatives thereof shall mean to furnish and install as defined above. § 1,1.11 EXPRESSED VERBS In the interest of conciseness, the Cantract Docutrtents may contain phrases with expressed verbs, such as furttish, install, provide, perform. construct, erect, camgly, apply ar submit. Such phrases shall be construed to include the appropriate farm of the phrase "the Cantractar shall" preceding the expres~d verb and the requirements described therein shall b,e a mandatary element of this Cantract. § 1.1,12 SEE In the interest of conciseness, the Cantract Documents may contain references to specification sections and details preceded by the want "see". Such references shaII be construed to include the appropriate farm of the phrase, ", and comply with, ." § 1.1,13 INDICATED OR SHOWN The words "indicated" ar "shown" and any derivative thereat shall mean "as detailed, scheduled, schematically depicted or stated in Cantract Documents." § 1.1.141NCLUDING The wards "include", "includes", ar "including" shall be deemed to be followed by the phrase "without limitation." § 9.1.15 APRROVED, DIRECTED, SELECTED The wards "approved, directed, selected" and similar words and phrases shall be presumed to he followed by "by Architect". The words "satisfactory, submitted, reported" and similar waards and phrases shall be presumed to be followed by "to Architect". § 1.2 EXECUTION, CORRELATION AND INTENT § 1.2.1 The Cantract Dacufnents shall tae signed by the Uwner and Cantractar as provided in the Agreement. If either the Qwner or Contractor ar bath do not. sign all the Cantract Doxuments, the Architect shall identify such unsigned Documents upon request. 1.2.2 Iwxecutian of the Cantract by the Contractor is a representation that the Cantractar ha*: visited the site. became familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Cantract Documents. § 1.2.3 The intent of the Cantract Documents is to include all items necessary far the proper execution and completion of the Waek by the Cantractar. The Contract Dtxurnents are camptementary, and what is eequired b}~ one shall be as binding ati if required by all; performance by the Cantractar shall be reyuired only to the extent consistent with the Cantract Do°uments and reasonably inferable from them ac being necessary to produce the intended resuhs. The Contractor shall noeify the Construction Manager of any materials indicated but not specified as to finish, quality ar installation. Unless otherwise directed by the Constntetion Manager, any materials not specified shalt be consistent in finish, quality and installation as the adjacent ar similar finished conditions. § 1.2.4 Organization of the Speeifteations into divisions, sections and articles, and arrangement of Drawings shall not central the Contractor in dividing the Work among Subcontractors or in establishing the extent of Wark to be perfarttted by any trade. § 1.2.5 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Cantract Documents in accordance with such recognized meanings. € Intr. AtA ilocunt~a+t A2011C~TM - 4992, CapyrigM 91992 by The American Inst+tute of Arc~eStedKS. All rfgtatA ressav+~i. ~~t~3N~s: 7fai , ~[A'" t~~~a~rat is y~reztaed b~ €' ~. ~ W'M~f w ~sroc3 ara?arnat€tarea€'7re~te+~s. ~as~aaaaar~rix~el e~~r~du~t€earr Qr d(~teibaat€ce ~E k~a€a B~iA'' C1ra~[aarient, Aa any ~a~rf€s~ra ~t if, .~~ ~ eeeay rastaaf ire i area ~€is~aa fs~na€t€~~, ar¢d rro€af ba ~ras~~~aated i~a the rnax€rrffraraa eriare& fseas~€~ate urc€7er f€a~ €~~. This doa~merai was pr~ttt~d by A!A software at u: ;4Q:54 on t3tff t 4t2tm7 ta~cler Order Plo. tf95i 4 f _t fah€di expires an 4J4J24t19. grad €5 not ftar resa€e. § 1.2.6 in the event of an inconsistency, conflict, ar ambiguity l~tween or among the Contract Dacutttents that cannot be resolved consistent with the provisions of Sections l .l and 1.2, the Cantractar shall request a clarification Pram the Canstructian Manager. Far the purpose of determining which Work affected by an unresolved inconsistency, cattflict, or ambiguity shall be presumed to be included in the Contract Sum, the Contract Documents shall take precedence in the following order: .1 Written madificatians to the Agreement; Change Orders, Canstruc:dan Change Directives and ASIs> with thou a later date taking ptecedence aver these of an earlier date; .2 The Agreement; .3 Written Supplementary Conditions, if any, to the General Conditions; .4 General Conditions; .5 Specifications; .6 Drawings. Drawing details shalt have precedence aver plans, sectiom and elevations. Drawings of a larger scale shall have precedence aver these of a smaller scale. Figtared dimensions shall have precedence aver scaled dirt~nsians. § 1,3 OWNERSHIP AMO USE OF ARCHITECT'S QRAV111I~G3, SPECIFICATIOWS A~CO OTHER OOCUMEl1T3 § 1.3.1 The Drawings. Specifications and ether documents prepared by the Architect are instntments of the Architect's service through which the Work to be executed by the Cantractar is described. The Contractor miay retain one contract record set. Neither the Cantractar nor any Subcontractor, Sub-subcantmctar ar material ar equipment supplier shall awn ar claim a copyright in the Drawings, Specifications and ether documems prepared by the Architect, and unless otherwise indicated the Owner shall be deemed the author of them and will retain alt common law, statutory and ether reserved eights, in addition to the copyright. All copies of them, except the COntractar's retard set, shall be returned or suitably acctyunted far to the Owner, an request, upon campletian of the Work. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Cantractar, are tar use solely with respect to this Project. They are net to be used by the Cantractar ar any Subcontractor, Sub-subeantraetar or material ar equipment supplier an ether projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner. The Cantractar, Subcantractars, Sub-suta:ontractars and material ar equipment suppliers are granted a limited licerise to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect appropriate to and far use in the execution of their Wark under the Contract Documents. All copies made under this license shall bear the statutory copyright native, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal ar distribution to meet official regulatory requirements or for Debar purposes in connection with this Project is net to be construed ac publication in derogation of the Owner's copyright or ether reserved rights. § 1.3.2 Although Owner requested Architect to prepare Constiuctivn Documents that are accurate, adequate, cansistent, coordinated, and sufficient Ear constntctian, OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO CONTRACTOR CONCERNING SUCH DOCUMENTS. Contractor again hereby acknowledges and represents that it has rc-calved, reviewed, and carefully examined such dt>cutnents, has Pound them to be complete, accurate, adequate, consistent, coordinated. and sufficient for construction, and that Contractor has net, does not, and will net rely upon any representations ar warranties by Owner cancenning such documents, as na such representations rx warranties have been ar are hereby made. § 1.4 CAPRAI.lZATION § 1,4.i Terms capitalized in these General Conditions include those which are (l) specifically defined, CZ) the titles of numbered articles or (3) the titles of other dacutnents published by the American Institute of An:hitects, § 1,5 INTERPRETATION § 1.5.1 In the interest of brevity the Contract Documents frequently omit modifying wordr• such as "all" and "any" and articles such as "the" and "an," but the fact that a nxxlifier ar an article is absent from one statement and appears in another is not intended to affect the interpretation oP either statement. § 1,6 RELATIONSHIP BE'TWEEt~ PROJECT TES MEI6BERS § 1,6.1 The Owner and Cantractar agree that their objectives far this Contract are ta: ,1 Complete the Project according to the highest standaeds aPquality; .2 Complete the Project on time; ,3 Complete the Project within ar under budget ar estimates; A!A Document A261iTM - tt. +c~yrtaht c~ t992 ay The American institute of Arehuects. Atl ~ w~n~oiaa: Thos ~ia~, ~~rn9~nt ~~ lnlt pros#s~#sd ¢ay tl~ s~pvrSxt4rt ! aw end tntns#icots,~l rr~~#f~s. ~sa~eat#aorized ra:pacrdu~t(#an ~ ai a ~# tFais AiA~ ~oourra~nR, err eery pram#An crt tt, .~ may resul# err u~re six#d erred ~ram6nat peneftie~, end ~iti peo~~atod to the €rrattiensa!.€ e..i~nt ~. _s.__bts uradec tier: iattt. This document ay Au- softvrare at ol.ati:5a on Qiili azooY under Order tda. iti002t,i;St t t_9 rmhid9 expires on 4~fa2o08, and is not for resale. User tdates: tSt k • .4 Coniinually endeavor to reduce the cost of the 1?rojeet; .5 Avoid and minimize delays an the Project and the critical path; ,6 Promote positive public relations; ,7 Matte the work on the Project enjoyable; ,8 Construct the Project and administer the Contract Documents so that alt parties are treated tairly; ,$ Avoid injuries; and .10 Complete the Projec[ without Litigation. § i.6.2 In furtherance of the objectives set forth in Section I.6.1, the Owner and Contractor shall endeavor to promote hammny and cooperation among each other and others employed far the Project, and agree to deal with each other and others in a fair, reasonable, tnrsting and prafessianal rrranner. In furtherance of the shave, the Owner and Contractor shall: .i Communieate and resolve problems within the terrtrs of the Contract Documents; .2 Make decisions at the lowest possible level: .3 Communicate openly and honestly; .4 Treat each other with mutual respect, resolve personal conflicts immediately, avoid personal attacks, and focus an the merits of the Project; .5 Timely notify each party of meetings; .6 Attend and support weekly, manning and other meetings: ,7 Prevent grudges Pram interfering with professionalism and the merits of the Project; .8 Use List their best efforts to resolve any claims or disputes, including direct negatiatians with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution; and ,$ Admit errors, mistakes and False starts. ARTICLE 2 OWNER § 2,9 DEFINITION § 2,1,1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Owner" means the Owner or the Owner's authorized representative. § 2.1,2 The Owner upon reasonable written request shall furnish to the Contractor in writing information that is necessary anti relevant for the Contractor tc} evaluate, give native of or enfone mechanic's lien rights. Such information shalt include a correct statettrcnt ofi the record legal title to the property an which the Project is located, usually referred to as the site, and the Owner's interest therein at the time of execution of the Agreement and, tivithin five days after any change, information of such change in title, recorded or unrecorded. § 2.2 INFORIMIATION AND SERVICES REQUIRED Of THE OWNER ~ § 2.Z.1 [I~letecl.l § 2.2.2 The Owner hay; furnished carne information regarding the characteristics of the Project site. By famishing such material, the Owner does not represent, warrant, ar guarantee its accuracy either in whole, in part, implicitly «r explicitly, or at all, and shall have no liability therefix. The Contractor shall confirm the location of sash utility, shall excavate and dispose of each an-site utility and cap each off-site ueility as required by the Vbork and as may be included in the Contract Documents, Owner does not a~;sume any responsibility regarding any surveys, test borings. or other investigations regarding the site, and makes na warranty or guaranty regarding the site conditions. The Contractor shall make such site investigations ac the Contractor deems necessary, and make available to the Owner, Construction Manager and Architect alt repc#rts of such site investigations. § 2.2,3 Except far permits and tees that are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required far construction, use ar occupancy of permanent structures ar for permanent changes in existing facilities. Unless otherwise provided under the Contract Documents, the Owner, through the Construction Manager, shall secure and pay for the building permit. § 2.2.4 lnfarmatian or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in orderly progress of the W«rk. Ittlt. ALA Cracutraemr A~tttTM -1l~tt2. CapYN9h4 ~ 1992 by The American Institute of Architects. Ali rtgitts r A~~##ErC?. T#~#~ ~#~~ [9a~~~aera~rat # pr~st€e~# t i° ~" ~ ,r€?'rt ~ ~r 1 __, ~rss# TroaE3. #1ra~trt#roria€~~t rro~zae°ti~ear csr di~Yritsaat#€aer €z4 ih€~ A1A~" t?raca~ar~sa~t, ssr sny park€c~s~ zit Ifi, .~~ rely r~~ ! ~ ~ a Brad ~r~ gno~s~es, snd xis€ b~ ~rr~se~aat~r~ to ih~ msx#mcsrra ~~t~nt po~sabi~ uttder the €a~. Thy document was prorated /f. by ALA software at 07:44.54 on O~ t 412007 under Card®r Na. tU4429S t t t_t whitfi expires on 414t21m8, and is not #or resale. ' :, Useer Nate: {5135899481 ~ i ~ 2,2,5 Unless otherwise provided in the Contract Documents, the Contt~tae will be furnished, free of charge, such copies of Drawings and ProjecE Manuals as are reasonably necessary for execution of the Work. § 2.2.6 The Owner shall forward alt catnrrtunicatians to the Contractor through the Construction Manager and shall contemporaneously provide the saute communications to the Architect. § 2.2,7' The foregoing are in addition to ether duties and respcansibilities of the Owner enumerated herein and especially those in respect to Article 6 (Construction by Owner ar by Other Contractors}, Article 9 (Payments and Completion) and Article 11 (insurance and Bands}. § 2,3 OWNER'S RIGHT TO STOP THE WORK F 2.2.1 if the Contractoe fails to correct Work which is not in accordance with the requirements of the Contract Docunr~nts as required by Section 12.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personalty or by an agent specifically so empowered by the Owner in writing, may order the Contractor to stop the Work, or any poreion thereof until the cause for such order has been eliminated; however, the right of the Owner ea step the Woek shall net give rise to a duty on the part of the Owner to exercise this right for the t~nefit of the Contractor or any other person or entity. § 2,4 OWNER'S RIGHT Tfl CARRYOUT THE WORK § 2.4.1 if the Contractor defaults or neglects to carry out the Work in accordance with the Contract D~uments and fails within aseven-day period after receipt of written notice from the Owner to commence and continue correcrion of such default or neglect with diligence and promptness, the Owner may. w7thaut prejudice to Other remedies tt-e Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cast of correcting such deficiencies, including compensation far the Construction Manager's and Architect's and their respective consultants' additional services and expenses made necessary by such default, neglect or failure. If payments then ar thereafter due the Contractoe are not sufficient to cover such atnaunes, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR ~ 3.1 DE~iNtTK?N; REPRESENTATIONSAND WARRANTIES § 3.1.1 The Contractor is the person ar entity identified as sueh in the Agreement and is referred to throughout this Agreement as if singular in numl~r. The term "Contractor" means the Contractor ar the Contractor's authorized representative. § 3.1.2 The plural term "Contractors" refers to persons ar entities who perform construction under Corxlitions of the Contract that are administered by the Construction Manager, and that are identical or substantially similar to these Conditions. § 3.1.3 The Contractor makes the following express representations and warranties to the Owner, which shalt survive the execution and delivery of the Agreement: ,1 Contractor is fully qualified to act as a public works contractor for the Project and has, and shalt maintain, any and Ott licenses, permits, or other autharti7.ations necessary to perform the Work; ,2 Contractor has became familiar with the Project site and the conditions under which the Project is to ~ construceed and operated; ,3 Contractor has t~;ome familiar with all legal requieerrtents applicable to the Work, including, not limited to, all applicable laws, statutes, ordinances and building codes; .4 Contractoe has received, reviewed, compared studied and carefully examined Ott of the Contract Documents and, except as reporeed, found them in Ott respects to tae complete, accurate, adequate, consistent, coordinated and sufficient for tt~ bidding and construction of the Wark. Such ecview, comparison, study, and examination shall be a warranty that the Contract Documents are complete and the Project is txtildabte :ts described therein, except as reported to Construction Manager in writing; and .4 That the Contract Tirrte is a rea.sonabte period for performing the work. AIA document A2911CMe'~" -1882. toop~yNght 041892 by Tt~e American tnsf#tute of Ardtitects. Q!1 tt9hte oe w~rtrrtr~ Tta€s AtA~ f~a~ae~xa~€at #~ Intl. pr€at~~tt by t3.~. ~~yr#+~ttt tma~ an€t taaFerr~~ilaasaa# ~reat~~. ltsrautta€ rd~~:d reprcdaacS#r~rc ~r xti;~SP#~atatlaaa €at tta3a AtA~ do~atmt, csr ar+y pexrt#~n caP #t, 1g eraay rests#t #rr sesv€~ra ~sv#t antt ~r#an#n~# p~raa#t#a~, rena3 try#tl be pr~easRed SA ih~ es~~xEatttam axtrrnt pra~~able ~arr~er Stan #a~a. Th#8 d~umen4 ave8 [Xr'f~ll bY' AIA sBfM+are at 0T:4fl:54 On 0& t A+2~T wider Ordav No, t 40U285t t t_t wh#ctr ex{xras on 4IM20t}8, and #s rtot for resale. ,~ Us+~r tdotee: Csi ) • § 3.2 REVIEVIf OF CQNTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTQR ~ 3.2.4 The Contractor shall have a continuing duty to study and compare tire. Contract D1~utr~nts with each other, the Contractor's submittals and wish information furnished by the C?wner pursuant to Section 2.2.2. The Contractor shalt itrtmediately report Ee the Construction Manager any errors, inconsistencies ar omissions discvv~ered. The Contractor shalt eat be liable to the Owner, C'anstructian Manager ar Architect far damage resulting from errors, inconsistencies or antissions in the Contract Documents unless the Contractar recognized such emar, inconsistency or emission and knowingly failed to report it to the Construction Manager and Architect. If the Contractoe perfanms any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract t7ocuntents without such notice to the Construction Manager and Architect, the Contractar shall assut~ appropriate responsibility far such performance and shall bear an appropriate amount of the attributable casts far correction. § 3.2:2 The Contractor shall have a continuing duty to take field rrteasuraments and verify field cantditions and shall carefully compare such field measurements and conditions and other information known io the Contractar with the Contract Documents before commencing activities. Errors. inconsistencies ar omissions discovered shalt be reported to the Construction Manager and Architect at once. ~ 3.2.3 The Contractor shall pertorm the Work in accordance with the Contract Documents and submittals approved pursuant to Section 3. t 2. § 3.3 SUPERVIS~N AND CONSTRUCTION PROCEDURES § 3.3.1 The Contractor shall supervise and direct the Work, using the Contrac:tar's best skill and attention. The Contractor shalt be safely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Wark under this Contract, subject to overall coordination of the Construction Manager as provided in Sections 4.6.3 and 4.6.4. § 3.3.2 The Contractor shall be responsible to the Owner far acts and emissions of the Contractor's employees, Subcontractors and their agents and employees. and other persons performing portions of the Wark under a contract with the Contractar. § 3.3.3 The Contractar shall eat be relieved of obligations to per#brm the Wark in accordance with the Contract Documents either by activities or duties of the Construction Manager or Architect in their administration of the Contract, or by tests, inspections ar approvals required ar performed by persons ether than the Contractar. § 3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in order to determine that such portions are in prtaper condition to receive subsequent Work. § 3,3.5 The Contractor shall timely request and coordinate tests and inspections required to complete the Wark § 3.4 LABOR AND MATERIALS § 3.4,1 Unless otherwise provided in the Contract Dcx:urnents> the Contractor shall provide and pay for lobar, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and carnpletion of the Work, whether temporary or permanent and whether or eat incatparated ar to be incor~ratcd in the Wark. § 3.4,2 The Contractor shall enforce strict discipline and gc~d order among the Cantractar's employees and other persons carrying out the Cc>ntract. The Contractar shall not permit employment of unlit persons ar persons eat skilled in tasks assigned to them. § 3.4.3 After the Contract has been executed, the Qwner after consultation with the Construction Manager and Architect, will consider a termal request for the substitution of prtxlucts in place of those s~cified only under the following conditions (and only if submitted on the substitution request form set forth in the Contract Documents?: .1 Required product cannot be supplied in time far compliance with Contract time requirements; ,2 Required prcxluct is not acceptable to a governing authority, ar determined to be non-compatible, or cannot be properly coordinated, warranted ar insured, or has other recognized disability as certified by Contractor; toff, AIA Qoewte~»t A241tCtb~TM -1'892. Copyright ~t 1992 by The American Institute pf Architects. Alt rights r ~'a+APdi~t: Ttta~ AiAR' tlpcuertent fs ~r~t~~t~st ~q I7.~. f ~ ~_ =trt i. a=~ ~nct tr~t~t~~iivrr~i rr~~tie4s. t9€s~tatt,~ ~ .,d r~Artrclcactipn ~r dl~tr€bu&sczr~ ~t tirF~ ~tt.~` tt~aa~arrtsnt, ear ~rc~ ~FCartiok9 01 it, rra~y res€stt era s end ~rlaninpl r€~3t€~~, dead ut€it gr€z>eeut .~ 8~ s ~? eoaa~isr~ua-n e~t~rat pE2~~iksl~ ur~d~r ih~ 1~w. This document was tXr#9t1~9 ~{~ by A#A software at t1T:4U:54 on 0~1 ad2t10T under Order P1p.100{1295t t t~t which ext73r®g pn 4;4f2Q88, acrd is opt fpr resale, u~r votes: (St 38899A8) i .3 Substantial advantage is offered to the Owner after deducting offsetting disadvantages including delays, additional compensation to Architect and Construction Manager foe redesign, investigation, evaluation and other nercessary services oral similar considerations; and ,4 The specified product or tr~thad or constrt~tian cannot be provided in a manner that is compatible with other tttaterials, or cannot be properly coordinated, warranted, ar insured, and where the Contractor certifies that the substitution will overcort~ the deficiency. ~ 3.4.4 By making requests for substitutions based on Section 3.4.3 at~ve, the Contractor. .9 Repre~nts that he has per~natly investigated the proposed substitute and deterntined that it is equal or su~rior in alt respects to that specified; .2 Represents that it will provide the settle warranty for the substitution that it would for that specified; ,3 Certi#ies that ehe cost data presented is complete and includes all related costs under separate contracts, but excludes the Architect's redesign costs, and waives alt claims for additional costs related to the stiibstitution which subsequently becomes apparent; and .4 Will coordinate the installation of the accepted substitute, making such changes ac may be requiredf for the Work to be complete in alt respects. § 3,4.5 All materials delivered by or on account of the Contractoe and intended to l~ incorporated into the construction of the Project shall becatue the property of the Owner as delivered, but the Contractor may repossess himself of any surplus remaining at the completion of this Contract. All scaffolding, apparatus, ways, works, machinery and plans brought upon the premise's by the Contractor shalt remain his property, hue in the case of default, and completion of the Work by the Owner, Owner shall be entitled to ase such scaffolding. apparatus, ways, works, machinery and plans without cost or liability for depreciation or damage by such use and without prejudice to Owner's other rights or remedies far any damage or lass sustained by reason of said default. § 3,5 WARRAtd'1'Y § 3.5,9 The Contractor warran¢s to the Owner, Construction Manager and Architect that all labor furnished under this Contract shall be competent to perfarrn the tasks undertaken, that ehe product of such lalxtr shall yield only first- class results, that all rt~terials and equipment furnished under the Contract wilt be of high quality and new unless atherwi~ required or ~tmitted by the Contract Dc~umenes, that ehe Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract laments. Any Work not strictly complying with these ecquiretnents shall constitute a breach of Contractor's warranty. Work not conforming to these requirett~nts, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, rtuxlifications not executed by the Contractor, improper ar insufficient maintenance, improper aperation, or normal wear and tear under normal usage. If required by the Construction Manager or Architect, the Contractor shall famish satisfactory evidence as to the kind and quality of materials and eyuiptttent. The Contractor shall assign and deliver any Subcontractor ar supplier warranties to the Owner. $ 3.6 TAXES § 3.6.9 The Cantrastoe shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which ate legally enacted when bids are received or negotiations concluded, whether ar net yet effective or merely scheduled to ga into effect. ~ 3,6,2 The Contractor, in consideration of securing the business of erecting or canstrtrcting public wanks in the State if Idaho, recognizes that it is engaged in a transitory business and that in the pursuit thereof it prxrperty used therein may be outside the State of Idaho when taxes, excises, or license fees to which it is liable became payable. Accordingly, the Cantt~rctor understands, covenants and agrees: .9 To pay promptly when due all taxes {other than an real property), excises and license fees due to tree State of Idaho, its subdivisions, municipal corporations anti quasi-municipal corporations therein, accnaed or accruing during the teem of this Contract, whether or net the same shall ~ payable at the end of such term; .2 That if ttu; said taxes, excites, aril license fees are net payable at the end of said term, but liability for the paymeot thereof exists even though the sars~ constitute bens upon its property, to ~c;ure the same to the satisfaction of the respective officers charged with the collection thereof; and .3 That in the event of its default in the payment ar securing of such taxes, excises, and license fees, to consent that the department, officer, board, or taxing unit entering into this Contract tttay withhold ~A A~1lCi~TM -1»2. Copyrt~tt C~ t~32 by The Arr~sr iristihite of Arehitec~. AU rights r ~i~ttttt~: 't'teis ~t~ ~ ftascearrees~d is ~' ~rrst~cted by t#.~, ~~~yri+~tst i snd kstsrr4stior T ss.. tinsutt~oriz rrc~c3u~tiora err c ~ '~ tat this At~~ t?~arraee~t, ~r ~rsy pzarticar, art it, ~1 sy r~~asit ire s~ ~iwii grad ~r3rrsirs~t ~sn~ities, seed x ~e ~rcaseciites~ to the taraxirrat~n sx__.tt t ~::.~#~ s€nder the ie~re, Tlt£a document wttti ~odt~ed by AtA software et 07:40:54 on 08lt 4!2009 urnier Order No. t004295t i t_t v~ich expires en 4!4!2009. emt is riot for resale. t4at®s: {5t • Pram any payment due him hereunder the estimated amount of such accrued and accruing taxes, excises, and license fees for the benefit of all taxing units to which the Contractor is liable. § 3.$,3 Before entering into this Contract, the Contractor shall be authorized to do business in the State of Idaho and shall execute and delivery to Owner any affidavit concerning taxes requested by Owner. § 3.$.~ Within ten (1()) days of its receipt of any tax farms Pram the Owner, the Contractor shall properly and fully complete such forms and return them to Owner. The Contractor understands and agrees that such farms may request dates, names, addresses, contracting parties {including all subcontractors and vendors) and other information. § 3,$,5 Prior to the execution of this Contract and again prior to requesting final payrt~nt for the Work, the Contractor shall complete, execute and deliver Idaho State Tax Commission form WN-5 to both the Owner and to the Idaho State Tax Commission, § 3.7 PERIIAITS, FEES AND NOTICES § 3,7,1 Unless otherwise pro~~ded in the Contract Documents, the Owner shall secure and pap for the building permit and the Cantractor shall secure and pay for all other permits and governmental fees, licenses and inspections necessary far proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negatiatians concluded. § 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances. rules and regulations and lawful orders of public authorities bearing an performance of the Work. § 3.7,3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building Codes, and rules and regulations. Hoevever, if the Cantractor observes thae portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Construction Manager, Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. § 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Construction Manager, Architect and Owner, the Cantractor shall assume full responsibility far such Work and shall bear the attributable costs. ~ 3.8 ALLOWANCES § 3.$.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Iten~ti covered by allowances shalt be supplied far such amounts and by such persons ar entities as the Owner may direct, but the Cantractor shall not be required to employ persons or entities against which the Contractor makes reasonable objection. § 3.8.Z Unless otherwise provided in the Contract Documents: .1 materials and equipment under an allowance shah be selected promptly by the Owner to avoid delay in the Work; ,2 allowances shall cover the cost to the Cantractor of materials and equipment delivered at the site and all required taxes, less applicable. trade ditic:ounts; .3 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, pmfit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum and not in the allowances; .4 whenever costs are more than or less than allowances, the Contract Sum shalt be adjusted accordingly by Change Order. The amount of the Change Order shalt reflect (t) ehe difference between actual costs and the allowances under Section 3.$.2.2 and (2} changes in Contractor's costs under Section 3.£3,2.3. § 3.9 SUPERINTENDENT § 3,9,1 Tht' Cantractor shalt employ a competent superintendent and necessary assistants cube shad be in attendance at the Project site at all tittles when the Wort: is actually in progress. The superintendent shall have complete authority to represent, act far and bind the Cantractor, and communications given to the superintendent shall be as binding as if ,given to the Cantractor. Important communications shall be confirmed in writing. Other AUt Doeumerit A2Q11Cl~TM - 1992. C~ryMgM ~ 1992 by The American Institute of Architects. Aft r~M reserved. A~NfP~~; This ~AlA`' 0ocaa?€~~~t #s tnit. pr€xtect~d t~v ~#.~, ~xspyrsht t.aw arsd ir~t~rraat#ore~i T€~at#~s, tdrsautharized reprosiu~t#c€a csr d#st€at~ut#ora of t#acs A#A` oca~mva€t, gar sny port#or~ rai tt, .~. tvaay re~ca#ts€r sere cs~t## ared cr#ss~i~o~t p~€~aities, end wBt# t~ prosectated #o rho r€saxi€rrttr~t extent pops#bte under the #aw. This document uaa4 ~oduced by AIA software at 07:40:54 on 0gN 412007 tvuier Qrder #€to. i QOd92951 i t_i which axpires on 4t4i2008, and is not for resale. U~r PaDt~s: {513558948} communications shalt be similarly confirmed an written request in each case. The superintendent shall supervise oral direct the Wark and shall not physically participate in the actual perforrrtance, assemblage ar installation of the Wark except limited participation that is incidental to such superintendent's su~rvisory duties, §3.9.2 Prior to commencement of the Wark, Contractor shall provide Owner with the name, contact information, qualifications, experience and role of the superintendent and its assistants, The Contractor shall not retain any superintendent ar assistant to which Owner has a reasonable objection. Upon Owner's request, Contractor shall replace the superintendent ar any assistants that become reasonably unsatisfactory to Owner. So long as such individuals named remain actively employed or retained by Contractor, they shad perform the roles indicated unless Owner agrees to the contrary in writing. if one oe rrmre individuals not listed atxave subsequently assumes orte or more of those furartians listed above, the provisions of this Section 3.9 shall bind the Contractor as though Contractor had property designated such individuals. § 3.14 CQNTRACTflR'S CflNSTRUCTIflN SCHEDULE § 3.10,1 The Caneraetor, promptly after being awarded the Contract, shall prepare and submit far the Owner's and Architect's information and the Cansrtructian Manager's approval a Contractor s Canstrurtian Schedule for the Wark. Such schedule snail not exceed time limdts current under the Contract D~uments, shall be revised at appropriate intervals as required by the conditions of the Wark and Project, shall be related to the entire Project canstructian schedule to the extent required by the Contract Documents, and shall provide far expeditious and prac6eable execution of the Work. The Contractor shall promptly re~rt any delays in the perfarmame of the Wark to the Cansiruetion Manager. § $.10.2 The Cantractar shall caaperate with the Construction Manager in scheduling and performing the Contractor's Wark to avoid conflict, delay in ar interference with the Wark of other Contractors ar the cansiruction ar operations of the Owner's awn farces. § 3.10.3 The Contractor shall prepare and keep current, far the Construction Manager's approval, a schedule of submittals which is caardinated with the Contractor's Comirxrction Schedule and allows the Construction Manager reasonable time to review submittals. § 3.10.4 The Cantractar shall conform to the most recent approved schedules. § 3.10,5 if the Woek is not on schedule and the Construction Manager does not believe the Contractor's proposed action to bring the Wark on schedule is adequate, then the progress of the Work shall be deerr~d unsatisfactory. in such event, in addition to its rights under Article 14, the Owner, at its discretion, may require the Contractor to work such additional tirr~ over regular hours, including Saturdays, Sundays arxi holidays. wrthaut additional cost to the Ownee to bring the Work on schedule. § 3.10.6 Unless athertvise agreed by Owner, Cantractar shaD use the latest edition of "Primavera Project Planner", "Microsoft Project" or accepted equivalent CPM scheduling saftwar+e to prepare and update the Construction Schedule. The Canstruetian Schedule shall be provided to a level of detail acceptable to Construction Manager, and shall: .1 Use tune-scaled logic diagrams based an an precedence concepts; .2 13e capable of providing various analysis of the schedule, including, but not limited to, listing of activities by code, predei,:esuar, successor, trade and float; .3 Irulicate an adequate number of scheduling activities to properly describe the nature and sequencoe by which Contractor intends to carry out the Work.; (i) For activities that have not yet started, indicate the planned start and planned completion daces; (ii) For activities that have been started but not yet completed, the update of the schedule shall indicate the actual start date, per<:ent complete, and forecast completion date; (iii) Far activities that are completed, indicate the actual start dates and actual completion dates; and (iv) Par activities which are behind schedule or have not staged in accordance with the approved Canstruetian Schedule, provide a narrative as to the reasons for behind schedule, the status ArA Oc-t A201/CNtaTB/ - 9992. Cop'y~tt9ht C~ 1992 by The AmBriCan institute of Arahitetds. An rtghffi t#VA~ldlt~~, Y#a€~ ~!4`~ 0st~st bs rc>Sected b~ li,~. ~c~yr#hc Lam sn P is# Ttet6~*;. #lt~ststhcr#~~d Yeprodtscf€an ~r d#stri4~aatieart rat this ~8~~ r~sa~t~rraerat, ar sesy r2#pat ct it, mey rss~#t'sa~ s~~~r~ ~"a+~## seBd ~r#€a::n,„.: ,s> erwd ~aili pr~seceat tc i#t~ cerax#ertutn ~xt~eaf ssih#~ urad~r the #s~z, Thy document w~9 hY A!A sottware at 07:40:54 en 0811~200F under Order No.t000295111_t which ex~res on 414!2008, oral is rqt for reea#e, user Notes: {fit ) of the activity, the actions Ming taken to bring the activity back into schedule, and the forecast completion date. .~ Show any work activities, approvals and submittals by Owner, Gnnstruction Manager, Architect or others that are predecessors to Contractor's work activities, including projected dates for subntissian anti return of all Shop Drawings and other submittals; .5 Allow Owner to pn~perly coordinate the work of its separate contractors, if any, and to properly plan on its use of portions of the Project prior to the date of substantial completion; .6 The expected delivery dates for all long-lead items, major equiprr~nt and material items to be incorporated into the Project; .7 Projected dates far shutdown ar disruption of ongoing activities of Owner on the Site, as approved in advance by ©wner; .~ Expected dates for testing and start-up of all major mechanical and electrical equipment and systems; .$ Dates that areas requested by ®wner will be available for beneficial ~cupancy; and .9 Actual dates that all activities began or ended, as they are realized. The Construction Schedule shall be updated not less than monthly in accordance with the established cut-off dates for the progress payments. Such updates shall include with revised logic diagrams and shall include ail Change C}rders and other information necessary to indicate actual conditions and the actual s~uence of the Work. §3.711.7 The Contractor shall. also submit a weekly activities schedule ("Weekly Activities Schetiate") indicating Contractor s weekly plan for executing the Work. 'The Weekly Activities Schedule shall be consistent with the Construction Schedule and shall indicate three (3} weeks, consisting of one { 1 }week "history„ and two (2} weeks "future "Contractor shall attend weekly scheduling meetings with Owner at a time anti place selected by ©wner. § 3.77 DOCUMENTS AND SAMPLES AT THE SITE § 3.11.7 The Contractor shall maintain at the site for the Qwner one record copy of the Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Construction :Manager and Archieect and shall be delivered to the Construction Manager for submittal to the Owner upon completion of the Work. § 3.72 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES § 3.92.7 Shop Drawings are drawings, diagrams, schedules and other data specially prepared far the Wark by the Cantractar ar a Subcontractor. Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. § 3.12,2 Produce Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipnrem for some portion of the Work. § 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. § 3.12.E Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work fcx which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Doc;utnents. Review by the Architect is subject to the limitations of Section ~.fr.12. § 3,72,5 The Contractor shall carefully review, approve and submit to the Construction Manager, in accordance with the schedule and sequence approved by the Construction Manager, Shop Drawings, Product Data, Samples and similar submittals required by the Contract DocumenE~c. The Contractor shall stamp and sign each submittal with "Reviewed far compliance with the Cc>ntract Dc~unrents and approved [ar approved as notedJ." If the submittal contains any deviation from the requirements of the Contract Dix:uments, the Contractor shall indicate such deviation with a conspicuous notaeion on the submittal. The Contractor shall cooperate with the Construction Manager in the coordination of the Contractor's Shop Drawings, Product Data, Samples and similar submittals with related documents submitted by other Contractors. Submittals made by the Cantractar that are not required by the Contract Documents may be retutped without action. Corrsiructian Manager and Architect shall have no duty to init. AUi DoCUSrn~t A2tittt*'~ - iSg2. CcµsYrl9fit ~ i992 by The American Institute of Arch€teCfs All Hghta . L~drl~rft*!Cx: This AfA'~" tbo~€xtr~ent a~ grrtstect~s~ y f3.~. ~ogag~r€~ht lam anrr fnt~rnaY€s~n~l Tr~~f€~s, tJre~taihor€~at3 r~pro~ucf€c~ee or d'°°,`^~ ms `?~€s 4i#t'`' ~ocurrserar, or any orfton tat if, .2~ rvs~y r~sta€t €n ~~v~r~ ~t~as aced ~r€rrssn~3 na8t€~~, ~r~tf wifl tai ~res~~casf~d ro the rs3a~€uar€ ~x€ r3s ~ taraef~s ata~ tasr~. This documerrt was produce e; ~; by Ah4 software at Q7:40:54 on 08lf 412tN1T tinder Qrder No.tC100295i t i_t which expires on 4i412t1U8, and ss rrot for resale. ~ Ueet Notre: (513589948) • review partial submittals ar incomplete submittals, The Contractor shall maintain a submittal lag that includes, at a minimum, the date of each submittal, the date of any resubmittal, the date of any approval or rejection, and the reason for any approval ar rejection. Any Shop Drawings, Product Data Samples or similar submittals that do na# bear the Contractor's approval scamp wiD be returned without review. ~ 3.126 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respecEive submittal has been approv«I by the Constntction Manager and, if appropriate, Architect. Such Wark shall ~ in strict accordance with approved submittals. 3.127 By approving and submitting Shop Drawings, Pi~luct Data, Samples and similar submittals, the Contractor represents that the Cantsaewr has determined and verified materials, field measurements and field constriction criteria related thereto, ar will do sa, and has checked and coordinated the information contained within such submittals with tlx: requirements of the Work and of the Contract D~utnents. § 3.128 The Contractor shall rat ~ relieved of responsibility far deviations from requirements of the Contract Documents by the Construction Manager's and Architect's approval of Shap Drawings, Product Data, Samples ar similar submittals unless the Contractor has specifically infarrited the Construction Manager and Architect in writing of such deviation at tlxs time of submittal and the Construcdan Manager and Architect have given written approval to the specific deviation. The C.ontractvr shall not be relieved of resprc~nsibility for errors or omissions in Shap Drawings, Prcxluct Data, Samples or similar submittals by the Construction Manager's and Are:hitect's approval thereof. § 3,129 The Contractor shall direct specific attention, in writing ar an resubmitted Shap Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Construction Manager and Architect on previous submittals. § 3.12,101nforntatianal submittals upon which the Construction Manager and Architect are not expected to take responsive action may be so identified in the Contract Documents. § 3.1211 When professional certification of performance criteria of materials, systetits ar equipment is required by the Contract Documents, the Consiruc~eion Manager and Architect shall be entitled to rely open the accuracy and completeness of such calculations and certifications. § 3,1212 The Contractoe shall provide a complete schedule of required Shop Drawings, Prcxluct Data, Samples or similar submittals to the Construction Manager within ten (10) days after execution of this Contract. Unless otherwise approved by Construction Manager, Shap Drawings, Product Data, Samples or similar submittals shat} be submitted in sufficient time, to allow not less than twenty-eight (?8) days far the Construction Manager and Architect to review such submittals. § 3.93 USE OF SITE § 3.13.1 The Contractor shall confine operations at the site to airr'as permitted by law, ordinances, permits and the Contract Dncuments and shall not unreasonably encumber the site with materials e;!r equipment. ~ 3.13.2 The Contnictoe shall coordinate the Contractor's operations with, and secure the approval of the Construction Manager before using any portion of the site. ~ 3.14 CUTTING AND PATCHING § 3.14,1 'The Contractor shall be res~nsible for cutting. fitting or patching required to complete the Wark ar to rrattte its parts fit together properly. § 3.14.2 The Contractor shall not damage ar endanger a portion of the Work ae fu}ly or partially completed construction of the Owner's awn forces or of other Contractors by cutting, patching, excavating ar otherwise alteetng such construction. The Contractor shall not cut or otherwise alter such construction by other Contractors ar by the Owner's awn faeces except with written can~nt of the Construction Manager, Owner and such other Contractor;; such consent shall rat be unreasonably withheld. The Contractor shall not unreasonably withhold from the other Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work. Mtt. AtA naeume~t A2411CMe» -1992. C+c~yrlght (~ 1892 by The American fatstiptte of Rrchitecfs. Aft ri~+ts r ~~Af~~iPi~; Tfafs AfR" c~~camant i~ pa~cat~~t~d by tf,~~ ~cagayright fain card fart ae~af Treaties. Lfsasa~ihcei~a~ r~7artxd~actlcrr s¢r distritaut€~aa tsf iii€s AIA" f3c~uas48rat, oar aaay pcrifcn cat f9, °~~ fit nosy raasa&ft "sse :.e~t~rc ~itrii acrd tritnira~` 3 _ ad ~tii! A~ pttax.~~aat~d t~ ite~ rttexitts~area e~tetai ~S~sssibi~ atrar3~t t$°ee Esp. This dOC4lmmBnt Was .~,~,~ by AIR sWfware at U7:40:54 on Q$/14t2~7 under Order Pd0.1t t i_1 a~tich eac~res on 414f2009. ar~f is rwt fat ras8t®. deer tYvt+~ tbt } • i § 3.15 CLEANING UP § 3.15.1 The Contractor shall kcep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Cantractor shall remove from and about the Project waste materials, rubbish, the Contractor's toots, construction equipment, machinery and surplus materials. $ 3.95.2 if the Contractor fails to clean up as provided in the Contrace Documents, the Construction Manager may da sa with the t)wncr's approval and the cost thereof shall be charged to the Contractor. § 3.15,3 to the absence of specific cleaning instructions, the Contractor shall fallow aceepted cleaning practices and any manufacturer's recommendations. § 3.16 ACCESS TO VIIORK $ 3.96.1 The Contractor shall at all times relevant to this Contract provide the Owner, Construction Manager and Architect access to the Work in preparation and progress far review or inspection, wherever tc~ated, without any formality ar other procedure. § 3.17 ROYAlT1ES ANO PATENTS § 3.17,1 The Cantractor shall pay all royalties and license fees. The Contrnctor shall defend suits or claims for infringement of patent rights and shall hold the Owner, Construction Manager and Architect harmless Pram loss on account thereof, but shall not be responsible far such defense ar lass when a particular design, process or product of a particular manufacturer ar manufacturers is required by the Contract Documents. However, if the Cantractor has reason to believe that the required design, process or product is an infringement of a patent, the Cantractor shall be responsible far such loss unless such infiiarmatian is promptly furnished to the Architect. § 3.18 INDEMNIFICATION § 3.1$.1 To the fullest extent permitted by law, the Contractor shall indemnify and held harmless the Owner, C,anstructian Manager, Architect, Construction Manager's and Arehiteet's ce~nsultants, and agents and employees of any of them from and against claims, damages, las.,es and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Wark, provided that such claim, damage, lass ex expense is attributable to bodily injury, sickness, disease ar death, ar to injury to yr destruction of tangible property {other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole ar in part by negligent acts or omissions of the Cantractor, a Subcontractor, anyone directly ar indirectly employed by them or anyor~ far whose acts they may be liable, regardless caf whether or net such claim, damage, los.~» or expense is caused in part by a party indemnified hereunder. Such obligation shall net be construed to negate, abridge or reduce other rights ar obligations of indemnity which would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly ar indirectly employed by them ar anyone for whose acts they may be liable, the indemnification obligation under this Section 3.18 shalt net be limited by a limitation on amount ar type of damages, compensation ar benefits payable by or far the Contractor ar a Subcontractor under workers' compensation acts, disability benefit aces or ether employee benefit acts. § 3,18.3 'The abligatians of the Contractor under this Section 3. f 8 shall net extend to the liability of the Construction Manager, Architect, their consultants, and agents and employees of any of them arising out of { 1) the preparation ar appn~vat of maps, drawings, apinicros, reports, surveys, Change Orden, designs or specifications, or {2) the giving of or the failure to give directions or instructions by the Constnuction Manager, Architect, their consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. § 3,19 AS-BUILT DOCUMENTATION; OPERATIONS ~ MAINTENANCE MANUALS § 3.19.1 The Cantractor shall provide the infarmarion necessary far the Construction Manager to furnish one { 11 copy of reproducible "as built" Construction Documents relating to the Woek and improvements in a farm and detail reasonably satisfactory to the Owner. tnlt. ~- tTaeument A~lttCAlem - r9&2. C~tyrigfit ffi 1992 by 1'he American institute of Architects Ail Nghla resenrea. ~itA0.ftP3itrtCs: 7'E~is 6~IA~' t7ez~aarneaat i~ prof _ • L .'.~. ~ ?ia~hf L ?sd irate a~tiasra~E ~"te~tie~. nau##ttsrixc:ti r~La€~afuoiion gar d)striaatiaata cat its€s At,2`~' t2racuanent, car any ~asstion eat it, ~ ~~ , ~ ! e e,sii 9 c I per ~€ide~, ~ns9 ~ril€ ~arxs~ecazteael txa tree €raa~irc~asarea ~~t~ant ~5at3ie under Yha tour, 1'hts document was produced ` "`~ tarp A!A software at t?7;4U:54 an 08<1412$1{l7 und9r Order Pla.itm0295t 1 t_t whidt expires on 41412ttQ8, and is nol for regale, <.~~~ tls~t tdo~: (5135899481 • • ~ 3,1$,2 The Contractor shalt provide the inforttutttion ttec:essary far the Construction Manager to provide the Owner with three (3) cantptete copies in loose-leaf binders of all operating aril maintenance data, all manuals, instructions and directions for all products, materials, machinery and equipr+nent for the Project, and shall instruct ehe Owner regarding the operation of all systems, machinery and equipment. ART~t.E 4 x4CJMINISTt2ATIQN C1F THE COI~t'RACT ~ 4,i ARCH[t'ECT ~ 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number, The term "Architect" means the Architect or the Architect's authorized representative. §4.1,2 Owner has retained LCA Architects, P.A., an Idaho professional corporation ("Architect") to provide professional architectural services for the Project. Architect's authorized representative is: Steve Simmons LCA ARCtIITECTS, P.A. t 22 t Shoreline .Lane Boise, Idaho 83702 Telephone: 208-345-6077 Facsimile: 208-344-9002 Emaik ssimmonsl G~Icarch.cam In the event Owner should find it necessary or convenient to replace Architect, Owner shalt retain a replacement architect who shall assume the role of Architect. Unless otherwise directed by Owner in writing, Architect wits perform those duties and di~harge those responsibilities allocated to them in this Contract. § 4,2 CONSTRUCTION MANAGER § 4.2.1 The Construction Manager is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documenr~s as if singular in number. The term "Construction Manager" rticans the Canstruetian Manager or the Construction Manager's authorized representative. § 4,2.2 Owner has retained Petra Incor~rated, an Idaho cor~r~rtion („Construction Manager") to provide construction management services for the Project. Construction Manager's authorized representative is: PE'TRA IPVCORPORATED 1097 N. Rosario Street Meridian, Idaho 83646 Telephone: 208-323-4581? Facsimile: 208-323-4507 Mobile: 208-860-507 Email: gbennetttl~petraine.net §4.2.3 In the event Owner should rind it necessary or convenient to replace Construction Manager, Owner shall retain a replacement construction manager who shall assume the role of Construction Manager. Unless otherwise directed by Owner in writing, Construction Manager will perform those duties and diharge those responsibilities allocated to them in this Contract. § 4.3 [:Deleted.] § 4.$ IDeleted.l § $,5 Disputes arising under Sections 4.3 and 4.4 shat} be subject to rt~diation pursuant to Section 4.9 below. § 4.6 AO~trfISTRATIQI+I OF THE CONTRACT §4,6.1 The Construction Manager and Architect will provide administration of the Contract as descrit~d in the Contract D~urrtents, and will be the Owner's representatives (1) during construction, (2) anti) final payment is due AIA Os+GUmeM A201tCt~TM -1992. Capyttgttt t~ t992 by The American insdiute of Archftecfs. Ap ruts r APr[: T"hd ~ Ark" ~ac~az€BSrct fs init. Sara&~e tad ~y tr,. ~apyr`aght t.aex and Ir~fsrnaEiansl 7°reatlss. IlraarxtttesvP~ed repraadaoctiean or s" ^ t at Itai~ AtA'' tya~earraanf, car any part'seen cst 3t, 27 rxasy ra~vdt irs s~v~ra ~itrl anal crsmira~i ~snattlas, and svili pr~aaatad tea Itss e~aaxien~am . :s ,Yeti esnd~r the ra~xx. Thfs vxas ~itxred a hY AtA software at t3T.40:S4 an f~14l2007 a~ier Carder Pro. t40tt28St t t_t whit~o ex~res on 41~2~. and is rant far resale. trserr Notes: (5t } • and {3) with the Owner's concurrence, from tittle to tirtte during the catxection period described in Section 12.2. The Construction Manager and Architect will advise and consult with the Owner and will have authority to act on behalf of the Owner only to the extent provided in the Caniract Documents, unless otherwise rt~iified by written instrument in accordance with other provisions of the Contract, § 4.6.2 The Construction Manager will, for the benefit of the Owner, determine that the 'UVork is being performed in accordance with the requirements of the Canteact Iocuments, will keep the Owner informed of the progress of the Work, and will guard the Owner against defects and deficiencies in the Work ~ 4.6.3 The Construction Manager will provide far coordination of the activities of other Contractors and of the Owner's awn forces with the Work of the contractor, who shall caaperate with them. The Contractor shall participate w7th other contractor and the constntctian Manager and Owner in reviewing theie construction schedules when directed to do sa. The Cantractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The constntctian schedules shall constitute the schedules to be used by the Contractor, other Contractors, the Construction Manager and the Owner until subsequently revised. ~ 4.6.4 The Construction Manager will schedule and coordinate the activities of the Contractors in accordance with the latest approved Project construction schedule. ~ 4.6.5 The Architece will visit the site at intervals appropriate to the surge of canstructian to became familiar with the progress and quality of the completed Wark and to determine if the Woek is being perfartrted in a manner indicating that the Wark, when cantpleted, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive ar continuous an-site inspections to check quality or quantity of the Wark. On the basis of on-site observations as an archieect, the Architect wiU keep ehe Owner informed of progress of the Work, and will guard the Owner against defects and deficiencies in the Wark. ~ 4,6.6 The Construction Manager, except to the extent required by Section 4.6.4, and Architect will rat have central aver or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or far safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Section 3.3, and neither will be responsible for the Contractor's faitwe to carry out the Wark in accordance with the Contract Documents. Neither the Constructiaa Manager nor the Architect will have control aver ar charge of ar be responsible far acts or omissions of the Cantractan, Subcontractors, or their agents ar employees, or of any other persons performing portions of the Wcuk. § 4»6,7 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents ae when direct cammunicatians have been specialty authorized, the Owner» Architect and Cantractor shall communicate with each other through the Construction Manager in conformance with the communication plan approved by Owner. Communications by and with the Architect's consultants shall be through the Architect, cammunicatians by anti with Subcantracears and material suppliers shall be through the Cantractor. Carnmunicatians by and with other Contractors shall be through the Construction Manager and shall be contemporaneously provided to the Architect. § 4.6,6 The Construction Manager will review and certify all Applications for Payment by the Cantractor, including final payment. The Construction Manager will assemble each of the Contractor's Applications far Payrrtent with similar Applications from ether Contractors into a Project Application and Project Certificate foe Payment. After reviewing and certifying the amounts due the Cantractor, the Construction htanagc~r will submit the Project Application and Project Certificate far Payment, along with the applicable Contractor' Applications and Certificates far Payment, to ehe Architect. § 4.6.9 Based an the Architect's observations and evaluations of Cantractor.;' Applications far Payment, and the certifications of the Construction Manager, the Architect will review and certify the amounts due the Contractors and will issue a Project Certificate for Payment. § 4.6.10 The Architect and Construction Manager will have authority to reject Work which does not conform to the Contract Documents» and to require additional inspection ctr testing, in accordance with Sections 13.5.2 and 13.5.3, whether or not such Wark is fabricated, installed or completed, but will take such action only after notifying the Construction Manager. Subject to review by the Architect, the Construction Manager will have the authority to ArA t}uaartneatt A~4lC14A8"~ - tt~2. C.t~-y-tgttt ~ t992 by The American institute of A€'Chttect;€. Art Ngtvta reserved. y'YAt~Utt~~: This ~tA'~ t~+~&€kl7t~18t i~ Inlt rcatactad ray tl.~. ~ra~yrl~€ ~a ~~~ tr ?ta9r~art~1 "fr~aties. tSna~athcrr€~ed repraetuctiota er ~i~tri#at~tiaan pt this A€~~ t7o~s€anent, or gray ~~rtiort cet it, 28 ~ away ra~ui€ ire ~a~~r~ ~€sr€€ ~nc3 Isar ,at ( ~it~~~, grad ssri€2 b~ pr~as~c~&~d t~ ih~ ea?aximurre ~~tesat ~ao~~ab€as vtrcitr t€ts ia~a. Th€s document eras t~'ed by AtA sotMrare at 07:4f}:54 an ttBJt 4t2tX}Y under Order Wo.1 X951 t t_i aPhich expies on 4/4120Q8, and is rrot for resale. `f User t0trtea: {Si3588~s1 reject Work which does not conform to she Contrite Documents. t:fawever, neither the Architect's nor the Construction Manager's authority to act under this Section 4.fi. t0 nor a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect car the Consintction Manager to the CantractoG Sulx:ontractors, material and equipment suppliers, their agents or employees, or other persons performing any of the Work. § 4.6.11 The Construction Manager will receive from the Contractor and review and approve all Shop Drawings, Product Data and Samples, caardinate them with information received from other Contractors, and transmit to the Architect those recommended for approval, The Construction Manager's actions will ~ taken with such reasonable promptness as to cause no delay in the Work of the Contractor or in the activities of other Contractors, the Owner, or the Architect. § 4.6.12 The Architect wi#t review and approve or talcs other appropriate action urn the Contractor's submittals such as Shop Drawings, Pttxtuct Data and Samples, but only for the limited purpose of checking for conforirtance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work of the Contractor or in the actir~~ities of the other Contractors, the Owner, or the Construction Manager, while allowing sufficient time in the Architect's professions! judgment to permit adequate review. Review of such submittals is not condtutecl for the putyxase of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equiprt~nt or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Amhitect's review of the Contractor s submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3. i 2. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specif ieally stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall nit indicate approval of an as~mbly of which the item is a component. ~ 4,6.13 The Construction Manager will prepare Change Orders and Construction Change Directives. § 4.6.14 Fallowing consultaticm with the Construction Manager, the Architect will take appropriate action on Change Orders or Construction Change Directives in accordance with Article 7 and will have authority to order minor changes in the Work as provided in Section 7.~. ~ 4.6.15 The Constn-ction 141anager will maintain at the site for the Owner one record copy of all Contracts, Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record all changes and selections made during construction, and in addition approved Shop Drawings, Produce Data, Samples and similar required submittals. These will be available to the Architect and the Contractor, and will ~ delivered to its Owner upon completion of the Project. § 4.6.16 The Construction Manager will assist the Architect in conducting inspections to detemrine the dates of Substantial Completion and final completion, and will receive and forward to the Architect written warranties and related documents required by the Contract and assembled by the Contraceor. The Construction Manager will forward to the Architect a final Project Application and Project Certificate for Payment u~sn compliance with the requirements of the Contract Ikacuments. ~ 4.6.17 If the ()wner and Architece agree, the Architect will provide one or more project representatives to assist in carrying out the Architect"s responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incor~rated in the Contract Documents. § 4,6.18 The Construction Manager will interpret and decide matters concerning performance under and requirements of the Contract Iocuments on the written request of the Owner or Contractor. The Construction Manager's response to such requests will ~ made with reasonable promptness and within any time limits agreed upnn. If na agreement is made concerning the time within which interpretations required of the Construction Manager shall be furnished in compliance with this Section 4.6, then delay shall not be recognized on account of faiiure by the Construction Manager to famish such interpretations unfit IS days after written request is made for them. intl. ~A ttaaumsnt A~tlt"r -182. ca-pyrr#ght ~ 1892 aY 7a~ American tnstitute at Ardritec~s. alt rte ua A~t~: ri~ia At~`~ ~c+r~ra'e~aet Pa " °? t6.. ~s~p'~rit,P lam ant( Brst~rraafii€srce~ Treaf{~~. tir~aa~8~erixed rapr~sdt~ct~c~rs cr dd~fra~~atl~sra ant E~at~ ~i~'' ~xacsaanent, ear ants rt1a~ cat it< a~ >s~ v~re ~4~i1 and crar~aan~ai p~n2ltie~> ar~d a~~ll k pras~eu&~d 4c tFae a~imtera~ ~~t~sr#t grzs~elts6e cvr#der ttce #avr, TYps dvcsmlBM v~a8 t~ttdCer9 by AIR sottvrare at fl7:40:54 on tt~t 4~2t}flT uru}8r r3rd~ t~.tiHI029511 i_i wttle~ expires on 4,'d12Utt~. artd is trot tqr raaate. tts~t' t8otea; {St 35$t$} § 4.6.19 interpretations and decisions of the Construction Manager will ~ consistent wish the intent of and reasonably inferable from the Contract Dacutnents and will be in writing ar in the farm of drawings. When making such interpretations and decisions, the Construction Manager, with Architect's assistance, will endeavor to secure faiehful perfarntance by both Owner and Cantractar, will Hat show partiality to either ar~i will not be liable for results of interpretations ar decisions so rendered in gaud faith. 4,6,20 On matters relating to aesthetic effect, the Cansttvction Manager wilt defer to the decisian of the Architect, which will ~ final if consistent with the intent expressed in the Contract Dacutt~nts. §4,6,21 The presence ar duties of Architect's, Construction Manager's, and Owner's personnel at the Project site, whether as on-site representatives ar otherwise, do not make any of them oe their representatives ar personnel in any way responsible far thane duties that belong to Cantractar, Subcaatractars or other entities, and da not relieve Contractor, Subcontractors ar other entities or any other entity of their obligations, duties, and responsibilities< including, but not limited ta, any health ar safety precautions required by such Work. Construction Manager's, Architect's, and Owner`s personnel have na authority to exercise any control over any health ar safety precautions and have no duty for insps~ting, Hating, obsening< correcting, ar reporting on health or safety deficiencies at the site except their own personnel. The presence of Architect's, Construction Manager's ar Owner's personnel at the Project site is for the purpose of praysiding to Owner a greater degree of eontidence that the completed wank will conform to the Contract Documents and that the integrity of the design concept as reelected in the Contract Docun~nts has been implemented and preserved, Far this Section only, the Project site includes places of manufacture for materials incorporated into the Work> and other entities include manufacturers of materials incorporated into the Work. §4.6.22 THE DUTIES, OBLIGATIONS, AND RESPONSIBILITIES OF CONTRACTOR UNDER THIS CONTRACT SHALL IN NO i41ANNER WHATSOEVER BE CHANGED, ALTERED, DISCHARGED, RELEASED, OR SATISFIED BY ANY DUTY, OBLIGATION, OR RESPONSIBILITY OF ARCHITECT OR CONSTRUCTION MANAGER. CONTRACTOR IS NOT A THIRD-PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN OWNER AND ARCHITECT OR OWNER AND CONSTRUCTION MANAGER, tT IS EXPRESSLY ACKNOWLEDGED AND AGREED THAT THE DUTIES OF CONTRACTOR TO OWNER ARE INDEPENDENT OF, AND ARE NOT DIMINISHED BY. ANY DUTIES OF ARCHITECT AND CONSTRUCTION MANAGER TO OWNER. § 4J CIAI~S AND DISPUTES § 4.7,1 Detinitian. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment ar interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of ar relating to the Contract Claims must be trade by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. §4,7,2 Decision of Construceion h4anager. Claims, including chase alleging an error or omission by the Canstrtrctian Manager or Architect, shad be referred initially to the Construction Manager far action as provided in Section 4.R. A decisian by the Construction Manager, as provided in Section ~.8.~, shall be required as a condition precedent to mediation or litigation of a Claim between the Contractor and Owner as to alt such matters arising prior to the date final payment is due, regardless of (i }whether such matters relate to execution and progress of the Wark or t ~) the extent to which the Wark has been completed. The decisian by the Construction Manager in response to a Claim shall not be a condition precedent to mediation or litigation in the event t 1) the position of Construction Manager is vacant, ('2} the Constnretian Manager has Hat received evidence or has failed to render a decisian within agreed time limits, (3) the Construction Manager has failed to take action required under 5ectian x.8,4 within 3B days after the Claim is made, {.l.) 45 days have passed after the Claim has been referred to the Construction Manager or {5}the Claim relates to a trteehanie's lien. § 4.7.3 Time Limits on Claims. Claims by the Contractor must be made within 2 i days after occureence of the event giving rise to such Claim ar within 2! days after the Contractor first knew or should have known of the event ar condition giving rise to the Claim, whichever is later. Claims must be made by written native. Any Claim not timely made shall be deemed waived. The ~.vritten notice of Claim shall inclucee a factual statement of the basis for the Claim, pertinent dates, contract provisions offered in support of the Claim, additional materials offered in support of the Claim and the nature of the resolution sought by the Claimant. The Contractor shall cooperate with the Owner in tnlt, A!A t~xrm~rt A?At/CAAB''"' - tt~2. CopyNgM 4~r t ~2 by The American InstiWte oP Ardtitacts. Alt rigtrte:egar€ted. ~~dAt~tf~. Yh#s AtA,m €~~i€retar€t t~ praeecead ka~ "" a _ rlg#af e~~ arsd tnt~errestiar€~t Yea atdaa, t4sasss€harizac3 espra?~us:€4a~ea ar c9i ° 'b€ " .n ar t~'ai~ ,~,PA`` ~a~€saraant, ar ~r€~ parttrsn €af if, zr€€€y r~,~ctE s ~i~tt ar€d criaraar€ztt pa€€~€ki€;s, and welt pr~asa€tad to t#~ rrs~~i€r!€rre~ a~tarat p3 ~€adar ttaa law. This document etas ,t by AIA software at OT:d0:54 on 0&~i4t2~T under Order AW.t00029Si t i_t whim expires an 4t4/2tl08, and is nor far resale. U tde-tes: {5t358~98) order to mitigate the alleged ar potential damages, delay, or other adverse consequences drat may arise from the fact,q underlying the Claim. ~ 4,7,4 Continuing Contract Perfomtance. Pending final resolution of a Claim including mediation, unless otherwise agreed in writing the Contractor shall proceed diligently with perfarrrtance of the Contract and the Owner shall cantinas to make payments in accordance with the Contract I?acumsnts. ~ 4.7.5 Waiver of Claims: Final Payment. The making of final payment shall not constihrte a waiver of Claims by the t Parragrrxphs riplctedl Owner. § 4.7.6 Claims far Concealed or Unknown Canditians. The Contractor acknowledges that it has had a reasonable opportunity to conduct a careful inspection of the Project site. If conditions ors encountered at the sits which ors (1 } subsurface ar otherwise eorlcea}sd physical conditions which differ materially from those indicated in the Contract Rocuments or reasonably ascertainable from a careful inspection of the Project site, or (~) unknown physeai conditions of an unusual nature, which differ materially from thane ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the tither party Promptly before conditions ors distuebed and in na event later than 2 i days after first observance of the conditions. The Construction Manager will promptly investigate such canditians and, if they differ materially and cause an increase ar decrease in the Contractor's cast of, or time required far, performance of any part of the Wark, wilt recommend an equitable adjustment in the Contract Sum ar Contract Time, ar both. if the Construction Manager determines that the conditions at the sits ors not materially different from thane indicated in the Contract Documents and that no change in the terrrls of the Contract is justifrsd, the Construction Manager shall so notify the Owner and Contractor in writing, stating the reawns. Claims by either patty in apposition to such determination must bs made within 21 days after the Construction Manager has given native of the decision. It the Owner and Contractor cannot agree an an adjustment in the Contract Sum arContract Time, the adjustment shall be referred to the Construction Manager foe initia] determination, subject to further procsed'tngs pursuant to Section 4.5. § 4.7.7 Claims for Additional Cast. tf the Contractor wishes to make Claim far an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to exsc:ute the Work. Prior notice is not required for Claims relating to an erra:rgency endangering life or property arising under Section lA.3. If the Contractor believes additional cost is involved for reasons including but not limited to { l) a written interpretation from the Architect, (2) an order by the Owner to step the Work where the Contractor was not at fault, t3) a written order far a miner change in the Wark issued by the Architece, (~) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accardartt:e with the procedure established herein. § 4.7,8 Claims for Additional Time. § 4.7,8.9 If the Contractor wishes to make Claim far an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of east and of probable effect of delay on progress of the Work. In the case of a continuing delay only tins Claim is necessary. § 4.7,8,2 If adverse weather conditions are the basis foe a Claim for additional time, such Claim shall ~ documented by data substantiating that weather conditions wars abnormal for the period of tined oral could not have been reasonably anticipaeed, and that weather conditions had an adverse affect on the scheduled construction, § 4.7.9 Injury ar Damage to Person or Property. if either party to the Contract suffers injury ar damage to person or property because of an act or omission of the atl~r party, of any of the other party's employees tar agents, ar of others for whose acts such party is iegaliy liable, written notice of sack injury ar damage, whether or rmt insured, shall bs given to the other party within a reasonable lima not exceeding 31 days after first observance. The notice shalt provide sufficient detail to enable the other party eo investigate the matter. If a Claim for additional cost or time related to this Claim is to be asserted, it shall be filed as provided in Sections 4.7.7 ar 4.7.5. l ~ ,~A Ctocuert~t n~itlc*'a - 9~$. cetgnt ®1992 ay ing American lr~st#tute o1 Arch#te~s. 11n rigfirm A~~lE~Q; E~ AtA3 €t~~~,e~~ni i~ °ot l isy it°. ~ttpyrdgirt #„~ua arad trtterraefersraaE 1"r~ai#es, naaaln~r§~~;d r~protltact#c~ra or ~ t an cat this AlA"~ E?a~~~tn~nt, ~v ~t~y ~~ri#~er st4 tt, +~.~ s ay ;lei t were ei~## and crimireai pereelt#~~< ~~~ ##l be prrastr~ut~d ice tlae ma~aa?uara ~~ ', poi 'tal~r under the ia~, Th#s tiaowaent by Alo, soltvv8re x107:40:54 on 09+t 4t2~t1 antler {lydet t~Cr.1000295119_t ~sit#ctt ex~res on 4f4+, a~ #$ rmt for resa#e. t t~ (51 } # i § 4,8 RESOi.UTiOt+i OF Ct AiMS ANfl flISPUTES § 4.8.1 `The Construction Manager, with the assistance of €he Architect, will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: t 1 }request additional supl~rting data from the claimant, C2) submit a schedule to the parties indicating when the Construction Manager expects to take action, {3) reject the Claim in whole or in part, stating reasons for rejection, Col recommend approYat of all or part of the Claim by the other party, tS) suggest a compromise, ar {6) attempt to facilitate the resolution of the Claim through direct, informal discussions. The Construction Manager may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. § 4.8.2 If a Claim has been resolved, the Construction Manager will prepare or obtain appropriate documentation. § 4.8.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Construction Manager's preliminary response, take one or mare of the fallowing actions: { 1) submit additional supporting data requested by the Construction Manager, (2) mcldify the initial Claim ar t3) notify the Construction Manager that the initial Claim stands. § 4,8.4 tf a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Construction Manager, the Construction Manager wilt notify the parties in writing that the Constnrction Manager`s decision will be made within seven days. Upon expiration of such time period, the Construction Manager will render to the parties the Construction Manager's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there ap~ars to be a possibility of a Contraetor's default, the Construction Manager may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 4,8,5 The Construction Manager's decision shall be tinai and binding on the parties unless a demand for to mediate the Claim pursuant to Section ~.9 below is made within 3i) days after the Construction Manager's decision. The failure ro demand mediation within said 30 days' period shall result in the Construction Manager's final and binding upon the Owner and Contractor. § 4,9 MEfliAT1ON § 4.9.1 Any Claim arising out of or related to the Contract shall be subject to mediation as a condition precedent to the continuation tbut not the institution) of legal or equitable proceedings by either party. § 4.9.2 The parties shalt endeavor to resolve their Claims by mediation. Request for mediation shall be filed in writing with the other party to the Contract and the Construction Manager. The request may be made concurrently with the institution of legal or equitable proceedings but, in such event, mediation shall prerceed in advance of such legal or equitable prclceedings, which shall be stayed pending mediation for a pericxl of fiQ days from the date of tiling. unless stayed for a longer period by agreement of the parties or court order. § 4.9,3 The parties shall share the mediator's tee and any f ling fees equally. The ntediatian shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 4.1#} ARBiTRATiON The parties may agree to resolYe any Claim or dispute related to this Contract by arbitration on such terms as they may agree. Absent such agreement, any reference in this Contract to arbitration shall be Yoid and of na force or effect whatsoever. § 4.11 ATTORNEYS' FEES In the event of any controversy, claim or action being f led or instituted between the parties to this Agreement to enforce the terms of this Agreement or arising from the breach of any provision hereof: the prevailing party will be entitled to receive from Che other party all costs, damages, and expenses including reasonable attorneys' fees, incurred by the prevailing party, whether or not such a ccmtmversy or claim is litigated or prosecuted to judgment. The prevailing party will be that party who recovers at least 7S~/c of the total amount claimed by that party in the action, or svho is required to pay no more than 25~1r of the totiil amount claimed by the other party in the action. lPcrragtaphs deleted) Init. atA t}ocumeM A2t191Cat9TM - t~2 t:o~ynaht c~ 9982 by me American institute or Arch~teets. alt rrghte reserved. w~ntna; ~h,~ A€A`~ rru~~n9 p yarott1 E~y U,~.1`^~yr~ ! .x~ grad tra€rze€lorrat rr ~, binaulhoriz~d r~praduc93~ra ar dI~€rikrutlcsra of t6ai~ AtA~ ~x~c+~~~ra1, ar aroy gortiort rst i1. ~.~ esey r~~tat4 irr uer~ rs~Ira~€ p~n~iti~~, oral ~ro~erutd to kh~ €ar~~€mucer ~~€e€~t gaa~~it#I~ u€~der €ha law, Taus documen# was produced by AIA software at 07:4(!:54 on Ot3t94120t)? under Order No.9000295111 1 which expir88 On 414(200$, and tfi itOt 1oP re8aie. Ueer Motea. t5t3589848~ LJ ~ ~~ 5 S~1~CAt+4TRACTARS ~ 5,1 DEFIWITtAIdS § 5,1,1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term 'Subcontractor" is referred to throughout the Contract Dt~uments as if singular in number and means a Sutx:antractor ar an authorized representative of the Subcontractor. The term "Su~oniractor" does noc include ocher Contractor.; or sut~ontractors of othee Contractors. brtt. ~.J ~ 5,1,2 ASub-subcontractor is a person or entity who has a direct or indirece contract with a Subcon~actor to perform a tertian of the Work at she site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means aSub-su~ontractor or an authorized representative of the Sub- subcontractor. § 5,2 AtNARt3 OF StJBCANTRJlCTS ANl7 OTHER CON't`RACTS FAR PAR'i7AMS OF THE ~YARK ~ 5.2,1 Unless otherwise stated iri the Contract Documents or the bidding requirements, the Contractor, as scorn as practicable after award of the Contract, shall furnish in writing to the Construction Manager for review by the Owner, Construction Manager and Ar:hitect the names of arsons or entities (including those who are to furnish materials oe equipment fabricated to a special design) proposed for each principal portion of the Work.. The Construction Manager will promptly reply to the Contractor in writing stating whether or not the Owner, Construction Manager or Architec4 after due investigation, has reasonable objection to any such proposed person ar entity. Failure of the Construction Manager to reply promptly shall constitute notice of no reasonable objection. § 5,2,2 The Contractor shall not contract with a proposed person or entity to whom the Owner, Construction Manager or Architect has made reasonable and timely abjection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.23 If the Owner, Construction Manager or Architect has reasonable abjection to a person or entity proposed by the Conerructor, the Contractor shall propose another to wham the Owner, Construction Manager or Architece has na reasonable objection. The Conuact Sum shalt be increased or decreased by the difference in cast occasioned by such change and an appropriate Change Order shalt be issued. However, no increase in the Contract Sum shall be allowed far such change unless the Contractor has acted promptly and responsively in submitting nart~s as required. ~ 5,2.4 The Contractor shad not change a Subcontractor, person or entity previously selected if the Owner, Construction Manager ar Architect makes reasonable objection to such change. § 5.3 SUBCAAII`RACTUAL RELATIONS § 5,3.1 B}* appropriate written agreement, the Contractor shall require each Subcontractor, to the er<tent of the Work to Ire performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor art the obligations and responsibilities which the Contractor, by these Documents, assunxs toward the Owner, Construction Manager and Architect. Each subcontract agreement shall preserve and protect the rights crf the Owner, Construction Manager and Architect under ttte Contract Documents with respect to the Work to be perfortT~d by the Subcontractor so that sutxontracting thereof will not prejudice such rights, and shalt allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, reri~dies and redress against the Contractor that the Contractor, by the Contract Docutatents, has against the Corner. Where appropriate, the Contractor shall require each Subcontractor to sneer into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Dac:uments to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Sulu:ontraetor terms and conditions of the proposed subcontract agreerr~nt which may be at variance with the Contrace Docunr~nts. Subcontractors shall similarly make copies of applicable portions of such d~uments available to their respective proposed Sub-subcontraceors. § 5,3.2 In furtherance of Section 5.3.1 above, any part of the Work performed far the Contractor try a Subcontractor or its Sub-subcontractor shad be pursuant to a written agreement beewcen the Contractor and such Subcontractor (or the Sulx:ontractor and its Sub-subcontractor at any tceP}, which shall be prepared on a form of sut~ontract satisfactory to the Owner. Each subcontrace shall, where appropriate, contain provisions chat: .1 Require each Su~ontraetor to ascribe to the objectives and agreerrtents set forth in Section 1.6; ,2 Require that the Work rte perforrr~d according to the requirerr~nts of the CoritracY [~uments; .3 Contain the waivers of subrogation consistent with the provisions of S~tion t t.3.? below; A!A tlacuma~t A~r9tCMa*'~ - 4.'. Copy~rtgt~ ~ t992 by The Amertoan tnatftute of Atl rigttte &~~rit~IPifa: Ttak~ ~0.i~~ iz~casorrf is preat~~t~tt tai fi.~. 8 iaS iiai t ~sa~ ittfe . ~! Trea~ti~s. @ir~acsihori~ re~rass~cactiaaes sac "isa era tat fhi~ ~i~'~ Qoccarrs~rsf. or arty pnrtlcan of tt, ~a rr~ny r~scait ire E ere c- ~ d a~ri~rsieasi p~n~' ~ ~ ed uuiii ~r~s~~art~d to the rnsxierst~rr~ d, ; ~~~itaie~ vasa~er itt~ faaa. This docurn~t was by AIA software at Q7:C0:54 on Q~44,f20Q7 urxier Ctrder P~,1400296t t t_t Mich expires an 41412. ara9 is cant far resale. User t+M'it+9s: {fit 1 ,4 Require the Subcontractor to carry and maintain insurance coverage according to the Contract C#ocuments and to file certificates of the coverage with the Contractor; .5 Require submission to Cantractar ar Subcontractor, as the case may be, of applications for payment in a fcYrm approved by the Owner, together with clearly defined invoices and billings supporting all the applications under each subcontract to which the Contractor is a party; ,6 Report, sa far as practicable, unit prices and any other feasible formula for use in the determination of casts of changes in the Work; .T Require each Subcontractor to furnish to the Contractor in a timely fashion all information necessary for the preparation and submission of reports; ,8 Require that each Subcontractor continue ea perform under its sub+camracK in the event the Contract is terminated and the Owner shall take an assignment of the subcontract and rt~quest Subcontractor to continue performance; and .9 Require each Subcontractor to retnave all debris created by its activities. § 5,3,3 The Contractor shall not enter into any subcontract, contract, agreement, purchase order or other arrangement ("Arrangement") far the furnishing of any ~rtion of ehe materials, services, equipment or Wark with any party ar entity if the party ar entity is an Affiliated Entity {as defined in this Section), unless the Arrangement was approved by the Owner and Construction Manager, after frill disclosure in writing by the Cantractar to the Owner and Construction Manager of the of#iliatian ar relationship and aH details relating to the proposed Arrangement. The term "Affiliated Entity" means {a) any entity related to ar affiliated with the Contractor or with respect to which the Cantractar has direct ar indirect ownership ar central, including, without limitation, any entity awned in whale or part by the Cantractar, {b) any holder of more than 10~ of the issued and outstanding shares of, ar the holder of any interest in, the Contractor; and {e) any entity in which any officer, director, employee, partner or shareholder {or member of the family of any of the taregaing persons) of the Contractor ar any entity owned by the Cantractar as a direct or indirect interest, which interest includes, but is not limited to, that of a partner, employee, agent ar shareholder. ~ 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS § 5.4.1 Each subcontract agreement far a pc>rtian of the Werrk is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner far cause pursuant to Section 14.2 and only far those subcontract agreements which the Owner accepts by notifying the Subcaniractar in writing; and .2 assignment is subject to the prior rights of the surety< if any< obligated under band relating to the Contract. § 5,4.2 If the !Fork has been suspended far more than fi0 days, the Sulx:ontractor's compensation shall be equitably adjusted. § 5.4.3 Alt subcontract and tttatcrial purchase agreements entered into by the Contractor shall be assignable to Owner pursuant to this Section S,4 without any change in price or scope, The Cantractar shall incarparate the faregaing requirement in all subcontract and material purchase agreements, either by specific warding or by reference ro this Section 5.4, ARTICLE 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS § 6,1 OWNER'S RIGHT TO PERFORM CONSTRUCTION WITH OWN FORCES AND TO AWARD OTHER CONTRACTS § 6.1.1 The Owner reserves the right to perform construction car operations related to the Project with the Owner s awn farces, which include persons ar entities under separate contracts not administered by the Canstrttction Manager. The Owner further reserves the right to award other contracts in connection wieh other portions of the Project or other constnactian or operations an the site. If the Cantractar claims that delay ar additional cast is involved because of such action by the Owner, the Cantractar shall make such Claim as provided elsewhere in the Contract Darumente. ~ 6.1.2 When the Owner perfartns construction ar c:peratians with the Owner's awn farces including persons ar entities under separate contracts not administered by the Canstructian Manager, the Owner shall provide far coordination of such farces with the Wark of the Contractor, who shall cooperate with them. Init. A#A Csocument A2Qtdt:A~T"' -1~2. Ccpyrlght {ej iQ92 by The American Institute of Architects. Ati rights reserved. ~d ~~~flFif~: Thee ~I~~ ~~cua~etst is ~r~t~cf~d icy ii.~. ~sfS~rigtcY t~~w ~s~d 9aat~rn~cta~sn~3 Tr~~ti~~, t1a~~a~tt~cartaect re~r~~u~8€ran ~~ ~tistri~retdetn ~# tf~i~ ~iA" t~racu~?~rst, ur gray pcarti~~r zit a@, nae~ resu7f ire ua~r~ Ci~tt ~n~t crirnisa~I r€~{8~s, ~esd wdii h~ ~raa~seut~d frs ttt~ a~,a~ar~tta~ ~~1ert1 pca~~iht~s ursct~r the i~~. This ekzCUment was produced dY AtA software at 07:49:54 an 08t1412fR97 under Order No.t4049295i t t_t which expires on 4t4tF048, and is rrot for resets. t1r~ NOte&; {5195$994$} 6.9.3 Unless otherwise provided in the Contract Ih~uents, when the Owner performs cansttvction or operations related to the Project with the Owner's own forces. the Owner shall be deemed to ~ subject to the earns abligations and to have the same rights which apply to the Cantractor under the Conditions of the Contract, including, without excluding others, those stated in this Article E and in Articles 3, Ifl, i i and I2. §I 6.9,4 The Contractor acknowledges that its Work is only a portion of the Project and that Owner has retained other prime convectors, under substantially similar Conditions of fire Convect and under the administration of the Construction Manager and Architect, to perform the other portions of the Project. The Contractor funkier acknowledges that the Owner, Construction Manager, Architect and Owner's other prirrue contractors expect, and are relying upon, the Contractor to timely and properly perform its obligations under the Contract. The Contractor understands and agrees that such ether prirrte eontractor's shall be an express third-patty beneficiary of this Section Ci. l.4 atxi, therefore, the Convector will be res~nsibie to Owner's other prime contractors for any damages they may incur that result from she Contractor's failure to timely and properly perform its obligations under this Contrar:t. Funhee, Contractor understands that is it the beneficiary of substantially equivalent provisions in the Owner's contracts with its other prime contractors. Accordingly, if Contractor is delayed ar damaged by the acts or omissions of another prirr~ contractor of Owner, the Contractor shall leak exclusively to such ether prime convector far the recovery of any damages that the Contractar may incur therefrom. The Contractor expressly acknowledges and agrees that Owner's ether prime contractors are independent of the Owner, and that Owner shall not be liable far any acts or omissions of such ether prime convectors. § 8Z IBttTUAL RESPQPISit3lIdTY ~ 6.21 The Convector shall afford the Owner's awn farces, Construction Manager and ether convectors reasonable oppanunity far invoduetian and starage of their materials and equipment atui perfarmance of their activities, and shall connect and coordinate the Canvactar's canstructian and operations with theirs as required by the Cantrac,.C I?acuments. § 6.2,2 If part of the Convector's Work depends far proper execution or results upon construction ar operations by the Owner's own farces ar ether contractors, the Contracor whall, prier to prrxceding with chat portion of the Wark, promptly report to the Construction Manager and Architect apparent discrepancies or defects in such ether canstntetion that would render it unsuitable far such proper execution and. results. Failure of the Contractar so to raper[ shall canstitute an acknawledgrnent that the Owrtcr's awn farces ar other Cantractors' completed ar partially campleted constructian is fit and praper to receive the Contractor's Wark, except as to defects net then reasanably discoverable. § $.23 Costs caused by delays ar by improperly timed activities or defective construction shall be barns by the party responsible therefor. § 6.2.4 The Canvactor shall promptly remedy damage wrongfully caused by the Contractor to completed canstnrctian or partially completed construction or to properly of the Owner ar other Contractors as provided in Section it}.25. § 6.25 Claims and other disputes and matters in question between the Convector and ether contractors shall be subject to the previsions of Sections 4.? and fi. l .~ above, provided the ether contractors have recipt~al obligations. ~ 6,2.8 The Owner and other Convectors shall have the same responsibilities for cutting and patching as are described foe the Contractor in Section 3.14. § 8.3 Q~kfNER'S RIGHT TO GI.F.AI+t UP § 6.3.1 if a dispute arises among the Contractor, ether Cantractars and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish as described in Section 3. l5, the Owt~r tray cleanup aril allocate the cast among those responsible as the Construction Manager, in consultation with the Architect, deterntirres to be just. AIA emt~tt A~1dCAtp''e -1882. Gtlt< Copyright ~ [992 by 17se kmerisafl Institute vt Architects. An rtgt-ts rem. ~ritCs: 7hts ~1~'` ttrrct~sasent ie 6' ~i.. ~ra~~rb~ht t ~x anet tr re ! °reeti, tirasutieori~eat re~aroct§actfon or di b`" not ths~ ~1~'' ~8ocaaeraesat, or arr~ ~articxaa gat it. .~ r uit tan ss~sro ciset sra~ crdrriln~l R rebi ,~: d snakll tae isrosectated to ih~ t~sssirr€ucea e~ter+Y R mater the Io~t. Tths aurtent vvss pr ,+ ~ ~ re ai 07:404 on O~t4t200T tusder 4rclsr tdo.tt)®029$i t t_i which expirss on 414+`2008, acrd is not htr resets. t5i 3 ARTICLE 7 CHANGES UV THE 1NORK § 7.1 CHANGES § 7,9.1 Changes in the Wank may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order far a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. ~ 7.1.2 A Change Order shall be based upon agreement among the Owrter, Construction Manager, Architect anti Cc>ntractc~r; a Canstructian Change Directive trequires agreement by the Owner, Construction Manager and Architect and rosy or may not be agreed to by the Contractor: an order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order far a miner change in the Wark. § 7.1.4 if unit prices are stated in the Contract Dacutnents ar subsequently agreed upon, and if quantities originally contemplated are so changed in a proposed Change Order or Construction Change Directive that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 7.2 CHANGE ORDERS § 7,2,1 A Change Order is a written instrument prepared by the Construction Manager slut signed by the Owner, Construction Manager, Architect and Contractor, stating their agreement upon all of the fallowing: ,1 a change in the Wark< .2 the amount of the adjustment in the Contract Sum, if any; and ,3 the extent of the adjustment in the Contract Time. if any. § 7,2,2 Methods used in deternaining adjustments to the Contract Sum may include these listed in Section 7.3.3. § 7.2,3 The maximum amount far profit, overhead, bands and insurance combined, which may be added to any Change Order, shall be as follows: ,1 Far the Contractor, for Wank perfot~d by the Contractor's awn farces, fifteen percent (IS~~) of the east of the Wark perfotTned by the Contractor's awn farces (which is far i{)~k profit, 2°le for overhead, ?~c far bands and 1'~~e for insurance); .2 Far the Contractor, far Work performed by a Sulx:antractar, five percent (S":'c) of the amount due the Subcontractor: ,3 Far each Subcontractor or Sub-subcontractor involved, far Work perfarnied by that Subc:ontractor's awn forces, ten percene (Ili k) of the case of the Wark performed by the Sutxontractar ar Sub- subcontractar; and ,4 Far each Subcontractor, tar work performed by such Subcontractor's Sub-subcontractors, ties percent (5~e) of the cast of the Work performed by the Sub-subcontractors. The costs to which the alcove percentages shall be applied are set Earth in Section 7.3.&. In order to facilitate checking of quotations for extras or credits, all proposals, except those so minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs including lalwr and materials far the Contractor, each Sul~ontractor and each Sub-subcontractor. Such itemization will be required for any Change Order aver SSC#l.(?I}. § 7.2.4 Any Change Order shall constitute a final and full settlement of all matters relating to or affected by the change in the Work, including. but not limited to, all direct, indirect and consequential cost associated with such change and any and all adjustments to the Contract Sum and Contrace Time. The Contractor shall include the Work covered by such Change Order as if such Work wore originally part of the requirements of the Contract Docutneniws. § 7.2,5 ay the execution of a Change Order, the Contractor agrees and acknowledges that it has had sufficient time and opportunity to examine the change in Work which is the subject of the Change Order and ihae it has undertaken all reasonable efforts to di=scover and disclose any concealed ar unknown conditions which may to any extent affect the Contractor's ability to perform in accordance with the Change Order Aside from those matters specifically Set Inlt, stn tocument n~1tCtYtaTM+ -1tsb8Z. CavxHgm ~ t992 by The Amerecan Insritute of A.chitecte. nN dgpffi ~ A~~~: T~s€~ ~tA ° Gao~uerat €s ~ .__.~._.~ ~~ ~. a~yr3girei Lew grad #ta#arwxa2acanal Treaties. ~tnau##~zs~€~ec9 ragaraduckeers# gar di~t€ . " ~ a~i #§tie ABA'& ~u~urrrent, #ar stay ~or#i~n tti i#, r ~~ ~ secrete c€t+i! arad ~riminai gsazsa€ties, and w€i€ t~ r~sa~aat~d Rtr the ma~irr~~r~ro ~~ #a a#nder iha €aw. This document was ptoducecl by AIA &ottwate at 0T:40:S~ on d)8{i 4r2~~ uratet peder tdo. t0Qi}2951 t t _t which ex~res on 4.14/20tl8, end ie rat tot resale. Ue~t Ntit~: iSt 3588) faith in the Change Order, the Owner shall not be obligated to make any adjustrturnts to either the Contract Sum or Contract Tithe by reason of any conditions affecting the change in work addressed by the Change Order chat could have reasonably been discovered or disclosed by the Contractor's examination. § 7.3 CONSTRUCTION CHANGE QIRECi`tVES ~ 7.3.i A Construction Change Directive is a written order prepared by the Construction Manager and signed by the Owner, Construction Manager and Architect, directing a change in the Work and stating a prapase~l basis for adjustment, if any, in the Contract Sum or Contract Tirtte, ar bath. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the gerseral scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Tirtte ring adjusted accordingly. §'1.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. ~ 7.3.3 If the Construction Change Directive provides far an adjustment to the Contract Sum, the adjustment shalt be based on one of the following methods: .1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; ,2 unit prices stated in the Contract Dacut~nts ar subsequently agreed upon; ,3 cost to be determined in a mm~rtee agreed open by the parties and a mutually acceptable fjxed ar percentage fee; ar ,4 as provided in Section 7.3.6. § 7.3.4 Upon receipt of a Canstruceian Change Directive, the Contractor shall promptly proceed with the change in the Wark involved and advise the Ganstruction Manager and Architect in writing within forty-eight (~) hours of the Contractor°s agreement or disagreement with the method, if any, provided in the Gansituction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. §'1.3,5 A Construction Change Directive signed by the Contractor indicates the agteement of the Contractor therewith, including adjustment in Contract Sum and Contract Time ar the methcxi far determining them. Such agreement shall be effective immediately and shall be incorporated into a future a Change Order. ~ 7.3.fi If the Contractor does hat respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the Construction Manager on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, incase of an increase in the Contract Sum, an allowance for overhead and profit in accordance with Section 7.2.3 above. In such case of an increase in the Contract Sum, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form ac the Construction Manager may prescribe, an itemized accounting together with appmpriate supporting data. Unless otherwise provided in the: Contract Documents, costs for the purposes of this Section 7.3.6 shall be lirrtited to the following, .1 costs of lobar, including Social security, old age and unemployment insurance, fringe bertefitAs required by agreement or custom, and workers compensation insurance; .2 casts of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; ,3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor ar others; .4 costs of permit fees, and sales, use or similar taxes related to the Work; and .5 additional casts of supervision and Meld office personnel directly attributable to the change. § 7.3,7 Pending final determination of cast 'to the Owner, amounts not in dispute may be included in Applications far Paytt~nt. The amount of credit to be allowed by the Contractor to the Owner for a deletion ar change which results in a net decrease in the Contract Sum shalt be actual net cost as confirmed by the Construction Manager. When bath additions and credits covering related Work or substitutions are involved in a change, the allowat~e far overhead and profit shall be ftgurtxl on the basis of ttet increase, if any, with respect to that change. loft, 'tea t A209fC~titl - 9982. e+~tyNght ~ i~2 toy Tt~ Artsertcan institute of Archtt An rtghta r ~llArtttttV~; i#~#~ ~t~'~ t~ua;ca~rrt #s gr~t~~t d t ~€f Lana sn~ #rei~rrnat€szrast 1°r~at t, ~d r~proatu~ii€are ~r ~tstrtksui€~,ea st t#s€~ k4t 4` t3o~r_arra~rrdp of ar€y poi#~re ~# ii, 3? €setty e~;, , . ; : c~~or and ~r#rrsarrt p~rsstta~s, arfrd ~€t. bs pr w~a, ~ i tee t€ ~a~xtas€urr¢ sxt~nt passe#bt~ urrdarr t€a~ lace, This t~CUm8r14 seas pr6dus~t tfy AID software at {}7:40:54 Dn {?&94d2t~7 ureti83' t3rder wo. f 000"d~9 t t_f a~r9~ expras on 4J41200$. arxi #s riot tOr resat. ~r ~pt~; t5t D i • § 7.3,$ If the Owner and Cantractae da not agree with the adjustment in Contract Time or the method tar determining it, the adjustment ar the method shall be referred to the Constraction Manager far determination. § 1.3.9 When the Owner and Contractor agree with the determination made by the Construction Manager concerning the adjustments in the Cantrtce Sutn and Contract Time, or otherwise reach agreement uptut the adjustments, such agreement shall be effective 'tmmediately issued through the Construction Manager and shall be recorded by preparation and execution of an appropriate Change Order. § 1.4 MINOR CHANGES !N THE VYORK § 7.4.1 The Architect will have authority to order minor changes in the Wark not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order issued through the Construction Manager and shall be binding an the Owner and Contractor. The Contractor shall carry out such written orders promptly. § i.4.2 if the Contractor feels that any order far a minas change in the Wark, a directive fratn the Construction Manager, or response to a request for information will require an adjustment to the Contract Sum ar Contract Time, the Contractor shalt not execute such direction and immediately notify the Construction Ivlanager and Architect in writing of the nature of the adjustment that will be required. ARTlCIE $ TIME § $,i DEI=INITI4NS § 8,9.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in ehe Contract Documents for Substantial Completion of the Work. § $,9.2 The date of commencement of the Work is the date established in the Agreement. The date shall not be pastparted by the failure to art of the Contractor or of persons ar entities for whom the Contractor is responsible. § $.9.3 The date of Substantial Completion is the date certified by the Architect in accardanee with Section q.8. § $,1>4 The term "day" as used in the Contract Documents shall mean calendar day untess otherwise specitically defined. § $.2 PRQGRESS AND COMPLETION § $,2.1 Time limits stated in the Contract Dacumentss are of the essence caf the Contract. By executing the Agreement the Contractor canfirnts that the Contract Tittle is a reasonable pericxl far performing the Wark. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site ar elsewhere prior to the et~ective date of insurance required by Article I l to be furttished by the Cantractar. The date of commencement of the Wark shall not be changed by the effective date of such insurance. Unless the date of commencement is established by a native to proceed given by the C?wner, the C«ntractor shall notify the Owner in writing not Iess than five days ar other agreed period before commencing the Work to permit the timely filing of mortgages, mechanic°s liens and other security interests. § $,2.3 The Contractor shall prcx:eed expeditiously with adequate farces and shall achieve Substantial Completion within the Contract Time. § $.3 DELAYS AND EXTENSIONS OF TIME § $.3>~ if the Contractor is delayed at any time in the cammencerttent or progress of the Wark on the critical path by an act csr neglect of the Owner, Construction Managee ar Architect, ar of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Wark, ar by lobar disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authartzed by the Owner pending txtediation ar litigation, ar by other causes which the owner determines may justify delay, then the Gontrtet Time shall ~ extended by Change Order far such reasonable time as the Owner may determine. The Owner and Contractor acknowledge and agree that the critical path construction schedule far the Project incatporates not less than thirty {3Q) citrys of "float" for owner cau~d delays and that an extension of time is warranted only if euents identified above cause fatal delay an the critical path in excess of such float days. Further, only delays that cause the cessation of cansiruction activities on the critical path for a period of three (3) consecutive tntt. AtA tk#cument A2010G1da'~' -1892. GcAYMSbt t~ 1992 by Tfie American Institute of Architects. A!! rights reserved. ~fA~tFtt~9~: This dlt,~"~ tiocttrr~~nt a~ ~ :' ~ ~~ t9~~, ~~tayregt~t t.~t~s aaxi tact~sr$vteurast 7r~stin~, ~trt ~~rtacncilcse~ ~r dtstrtt~fl&t"s~sra ~r t#ai~ ~t~~ 13e«~tarr~~nt, ar ~ ~ortt~rtn rxt it, ~$ r~~utf #ra ~~ta~e~ ~a~tt end ~r3ce~lra~# t°sstt#~ , ~rsd tat#fl ;;~ ~Srts~~~,! ~11> " . en~x#caauert ~~t~r€1 ~~#tzFs aand~r 1#~~ 1~w. This dor~ment was produced by A!A software et QT:40:54 on t!$/t 412t~T under Order No. i t}Q0285111 1 evhic~ expires an 414t2{t08, art! is not for resale. Usertdotes: (3135$8948) C~ C~ days or longer> or Five (5}days or longer in any calendar month, shall be applied against the float or warrant an extension of titre'. § 8.3.2 Claims relating to tinne shall be tttacie in accordance with applicable provisions of Section 4.7. § 8.3.3 Except as expressly set Earth in Section 8.3.4, the Contmcter agrees to malts no claim for damages for delay in the performance of this contract t~casioned by any attar emission to act of Owner, itx Archit~t, its Construction Manager, its agents ar employees ar any other cantractar, and agrc~s that any such claim shall be fully compensated far by an extension of time to complete performance of the Work. § 8.3.4 Notwithstanding anything to the contrary set forth in Section 4.7.7 above ar elsewhere in this Contract, the Contractor shall rKtt be entitled to recover damages far delays, except for delays caused by Owner at for anyone whom acts the Owner may be liable. As a condition precedent to recovering additional compensation for any delays attributable to the Owner ar anyone for whose acts the Owner may he liable or for delays identified in Section 8.3.1 shave in excess of the float days set Earth therein, the Contractor steal} provide the Owner with written notice identifying the nature of the delay(s) and she Owner's responsibility therefor, and provide the Owner with a reasonable period to cure such cause(s). If the Owner fails to cure the cause of the delay(s), the Contractor may be entitled to make a claim for additianal compensation far costs of the Wark incurred as a direct result of such delay(s) if such delays were the result of a Construction Change Directive. The Contractor acknowledges and agrees that its sale retr~dy for such delays is additianal compensation pursuant to this Section 8.3.4. The Contractor shall not be entitled to recover damages, lost profits or lost business opportunities from the Owner. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 CONTRACT SUM § 9.1,1 The Contract Sum is stated in the Agreement and. including authorized adjustments, is the total amount payable by the Owner to the Contractor far performance of the Wark under the Contract [locumentv~. § 9,2 SCHEDULE OF VALUES § 9.2,9 Within ten (l0}days of commencement of this Contract, the Contractor shall submit to the Construction Manager, a schedule of values altercated to various portions of the Work, preparsed in such form and supported by such data to substantiate its accueacy as the Construction Manager and Architect tray require. The Contractor shall not imbalance its Schedule of Values nor artificially inflate any eletr~nt thereof. This schedule, unless objected to by the Gonstntction Manager ar Architect, shall be used as a basis far reviewing the Contractor`s Applications for Payrttene. § 9.3 APPLICATIONS FOR PAYMENT § 9,3.1 On or before the dais t forth in Section 5.3 of the Agreement far each progress payment, the Contractor shall submit to the Construction Manager an itemized Application for Payrr~nt far Wark completed in accordance with the schedule of values. Such application shall be an AIA Form G7(>v, be notarized, if requited, and supported by such data substantiating she Canttactar's right to payment av the Owner, Construction Manager ar Architect may require, such as copies of requisitions from Subcantractars and material suppliers, and reflecting retainage if provided far elsewhere in the Cantraet Docunrtents. The Contractor shall submit four (4? originals of each Application far Payrr~nt. § 9.3.1.1 Such applications may include requests far payment an account of changes in the Wark that have heart properly authorized by Construction Change piret:tives but net yet included in Change Orders. § 9.3.1.2 Such applications may net include requests far payment of atttsrunts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason. § 9.3.2 Unless otherwise provided in the Cantraet Dcxurrtentc, payments shall be made an account of materials and equipment delivered and suitably stored at the site far subsequent incarparatian in the Wark. If approved in advance by the Owner, payment may similarly be made far materials and equipment suitably stored off the site at a le~atian agreed upon in writing. Payment far materials and equipment stored an ar off the site shall be conditioned upon compliance by the Contractor with pnx:edutes satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interes#, and shall include applicable insut~artce, storage and transportation to tits site for such materials and equipment stored off the site. Off site storage locations shall not ttttt, AtA t?~urtent ~t1Gti~*a - t~M82. eopyrigRt ~ i~2 Uy The American tnstKtde of Arctaitects. Att ~gfits r %d~~~Pdti~~: Taus ~lA~ t7cs~arsee€~nt a~ prcat~eted ~~ ~l.~. ~a~~tllat t g aatia€ ' 1 ~ . ' t ! aradu~tisan esr ctlstrlktatasara a8 tYsta ~!A tlo~urrr~tat, ;ar sn~ partttasa cat !t, sy reautt in sere ~1srH arrei Gran. ~t tellies, and z tare:: ;. .>~ ccs _:;~ m~xamum sxt~r~t pas~lkal~ a~sar ties aat~. i't$s doct~tent tff88 ~~ by AtA software at 07:40:54 on t?8/t 4t20QT under Ordsr Pro. t 0002861 r i_i whie~t etc~res on al4t2LtOt1, and ig not far resaig. t/ t+ttltes: {5t 358t~J48) be outside the State of tdaha. Any materials stared ot~ site and paid far by the Owner shall be physically marked as being the C}wnrr's property. §.9.3.3 The Contractor warrants that tide to all Work covered by an Application far Payment will pass to the Owner na later than the time of payment. The Cantrartar further warrants that upon submittal of an Application far Payment all Warta far which Certificates far Paytt~nt have bran previously issued and paytrtents received Pram the Owner shall, to the best of the Contractor's knowledge, infartnation and belief, be free and etrar of liens, claims, ~curity interests or encumbranrrs in favor of the Contrac#or, Subcantrartars, material suppliers, ar other persons ar entities making a claim by reason of having provided lobar, materials and equipment relating to the Wark. ~ 9,3.4 Upan Construction Manager's request, the Contractor shall submit its Appliratians foe Payment lather than the initial application} with properly executed and acknowledged lien relea.~s far a}I prior payments by {i) the Cantrartar, gii}all major Subcantrartars and material suppliers, and (iii} any potential lienon who has filed. ar has threatened to fate, any lien ar encumbrance against the Prajert. All lien releases far the Project shall be oa a form acceptable to the Owner, consistent in warding and shall; {i} waive any liens ar right to lien with respect to Work covered by prior payments; {ii}Certify the amount such presan ar entity has received under all prior paymentti; and f iii} that no contract related to the Projrrt held by such person or entity has changed, ar, if any rantrart has changed, indicating the nature and extent of any change. § 9,3.5 In the event the Contractor is in breach of its payment obligations to a Subcontractor pursuant to its rantrart with such Subrantractar, and after three t3}days written roller from the Owner, the Owner has the right to issue joint payee checks to the Contractor. In the event of a dispute between the Cantrartar and Subcantraetor or material supplier as any artx~unt due to such Subrantractar ar ntateriat supplier, the Owner tray issue a joint payee cheek to the Contractor and sorb Subcantrartor ar material supplier in the disputed amount and deduct the amounts sa paid from the balance of the payment due the Cantrartar. § 9,4 CERTIFICATES FOR PAYMENT § 9.4.1 The Canstrurtion Manager evict assemble a Project Appliratian for Payment by combining the Contractor's applications with similar applications far progress payments from ether Cantrartors and, after certifying the amounts due an such uppliratians, forward them to the Architect within seven days. § 9,4,2 Within seven days after the Architect's rreeipt of the Project Application far Payment, the Canstructian Manager and Arrhitrrt wilt either issue to the Owner a Projrrt Certifiraer far Paytnent, with a ropy to the Cantrartar, far sorb amount as the Construction Manager and Architect determine is properly due, or notify the Cantrartar and Owner in writing of the Canstructian Manugrr`s and Arrhitrrt's reasons far withholding certifiratian in whole ar in part as provided in Section 9.5.1. Such natificatian will br forwarded to the Cantrartar by the Construction Manager. § 9.4.3 The issuance of a separate Certificate far Payment ar a Project Crrtifirace far Payment will ranstitute representations made separately by the Construrtian Manager and Architect to the ©wner, based an their individual obsenatians at the site and the data comprising the Application far Payment submitted by the Contractor, that the Work has progressed to the paint indicated and that, to the best of the Canstructian Manager's and Architect's knowledge, infarmatian and belief, quality of the Wark is in accordanrr with the Contract l3acutt~nts. The foregoing representations are subject to an evaluation of the Wark far conformance with the Contract Documents upon Substantial Completion, to results of subsequrne frets and inspections, to minor deviations franc the Cantrart IktcumrntS ratrrrtable prior to campletian and to spsrific qualifications expressed by the Construction Manager car Architect. The issuance cif a separate Certificate far Payment or a Project Certificate for Payment will further canstitutr a representation that the Cantrartar is entitled to payment in the amount certified. However, the issuance of a separate Certificate far Payment ar a Prajert Certificate far Payment will not be a mpresentatian that the Canstrurtian Manager ar Architect has f i }made exhaustive or cantinuaus an-site inspections to check the quality ar quantit}a of the Wark, {2} reviewed the C.c}ntractar's canstrurtian means, methods, techniques, srquenees or prc~edures, {3} reviewed rapier of requisitions received from Subcontrarton and material suppliers and other data requested by the Owner to substantiate the Contractor's righe to payment or {4} made examination to ascertain haw or far what purpose the Cantrartar has used money previously paid an account of the Cantrart Sum. IMt. A!A t~ument A~1JCMaTr' -1992 Capy-tght 091992 by 17ie American Institute of Architects. Alt rigt-te reserved. ~R~€~. Ttata ,~IAs~ a~eeeneni is Crrata~t~~i h~ t9.. ~A°'*i~ht t~a and tPktar~tc'@if4n~1 rre~t3~s. 11a~tt~~sri~r •ractc9~ftase ~sr dastrdk~utacs~ sat tEs€s AtA tt~aant, gar and part4an of it, envy rE.~ca~tt in : ~ iI and cri~5sin~E rtalti~~, aced aaidS ~ ~rn~nc c$ [ ~ ~icss~ar~s «~xt!~nt ~t~~~i~ei~ tsrta~ar i#~a lcw. This s~CUmeni was praxiuc~l by AIA software at g7:40:5d an tai 4t2ift39 under Order rte. t t70t3295t 11_t whidt expires on 4t4f2t~k8. and is rat tar resai8. tlset Natea: {513588948} ~~ LJ • § 9.5 DEC1SIpNS 1'0 WITFiHQtrD CERTlFlCATION $ 9.5.9 The Construction Manager ar Architect may decide net to certify payment and cnay withheld a Certificate for Paytt~nt in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Construction Manager's or Architect"s opinion the representations to the Owner required by Section 9.4.3 cannot be made. If the Construction Manager or Architect is unable to certify payment in the amount of the Application, the Construction Manager ar Architect will notify the Contractor and Owner as provided in Section 9.x.2. If the Contractor, Construction Manager and Architect cannot agree an a revised amount, the Cansttvction Manager oral Architect will promptly issue a Certificate far Payment for the ant<~unt for which the Canstructian Manager and Architect are able to make such representations to the Owner. The Construction Manager or Architect may aisa decide not to certify payment oe, cause of stfb~quently discovered evidence ar subsequent observations, may nullify the whole or a part of a Certificate fee Payment previously issued, to such extent as tray be necessary in the GansMtctian Manager"s or Architect"s opinion to protect the Owner from loss because of: .9 defective Work not remedied: .2 third party claims filed ar reasonable evidence indicating peobable filing of such claims; .3 failure of the Contractor to make payments properly to Subcontractors ar far lobar, materials or equiptttent; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner ar another contractor; .6 reasonable evidence that the Work will trot be completed within the Contrace Tittu:, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Woek in accordance with the Contract Documents. §9.5.2 When the above reasons for withholding certification are removed, certification will be made far amounts previously withheld. § 9.6 PRQGRESS PAYMENTS § 9.$.9 After the Canstructian Manager and Architect have issued a Project Certificate far Payment, the Owt~r shall ~I make payrt~nt in the manner and within the time provided in the Contract Documents, and shall se notify the Construction Manager and Architect. Until condition:; set forth in Section 9. It} are met, the Owner shall gay ninety- five percent t9S~lc} of the amount due the Contractor an account of progress payments. If the Construction Manager and the Architect determine that the Contractor has made or is making satisfactory progress an any uncompleted portions of the work, the Owner may, at its discretion, release a portion of the retainage to the Contractoe prier to the actual final completion of the conditions set forth in Section 9.1 tl. § 9.6.2 The Contractor shall promptly pay each Subcontractor, urn receipt of payment from the Owner, eat of the amount paid to the Contractor an account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in similar mannee. §9.6.2.9 The Contractor shall net withheld from a Subcontractor or supplier mare than the ~rcentage withheld from the Certificate of Payment far such Subcantraetar"s or supplier"s portion of the Work. § 9.6.3 The Canstntction Manager will, on request, furnish to a Subcanteactar, if practicable, infarmatian regaeding percentages of completion or arnounts applied for by the Contractor and action taken thereon by the Owner, Construction Manager and Architect on account of portions of the Warts lane by such Subcontractor. § 9.6.4 Neither the Owner, Construction Managee nor Architect shalt have an obligation to pay oe to see to the payment of motley to a Subcontractor except as may otherwise ~ required by law. ~ 9.6.5 Payment to material suppliees shall ire treated In a manner similar to that provided in Sections 9.x.2, 9.6.3 and 9.6.3. ~ 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or oc4-upancy of the Project lay the Owner shall not constitute acceptance of Work not in accordance with the Contract. Documents. Inlt, eta t AtrcAda*d - t99"1. Capyrtgkt t~ t9a2 by TRe Amer€can tr~tiWte at A:~tatects. alt rtg~tn 4~P#i; 'P#sa~ ~ta~ ~~~stetaerat is tsrctE~~t~d b~ tl.~. ~ ~Pst l~~ end #t5t~rtaaBta~ts~€ ~'t~~#€, . %ir #n~,ei~ >~ re~r~dtt~##can sae d€;;#ribaatisztt ts# thl~ ~tA` t2tactairi~tet, ~r ~n~ ptart€>~rt taf i#, ~.~ srs~y r~~utf its ~ ¢ arc ~rasta'rraai ~ataffi~~, ~e;e7 i8€ bu e t to Staff rsz~xirstutrs ~xtcra4 psss~ibi~ ttted~t tt~~ d~a~. This document rues ~ Dy atA suffimard at 0T:44:~t on tt&tt4f2~T under Omer Na. t 1 t f _ t whitit ex~res tan dt+tf2~t8, anti €g ndt tar retie. tl~er Notes: {Si } § 9.T FAILURE OF PAYMENT § 9,7,1 lf, through na fault of the Cantractar, 1) the Canstructien Manager and Architect da net issue a Project Certificate far Payment within fourteen days after the Canstntctian Manager's reeeipt of the Caniractor's Application for Payment ae 2) the Owner does clef pay the Contractor within seven days after the date established in the Contract T~acuments the amaunt certified by the Construction Manager and Architect, then the Contractor may, open seven additional days' written notice to the Owner, Construction Manager and Architect, slap the Wark until payment of the amaunt awing has lien received. The Canuact Titate shall be extended appropriately and the Contract Sum shall be increarted by the amaunt of the Cantractar's rea5anable casts of shut-dawn, dela}° and start- up, which shall be accomplished as provided in Article 7. a8 SUBSTANTIAL COMPLETION ~ 9.8,1 Substantial Campletian is the stage in the progress of the Wark as certified in writing by the Construction Manager and Architect, when the Wark or designated portion thereof is sufficiently camplete in aecordance with the Contrace Qacutnents sa the Oevner can occupy ar utilize the Wark far its intended use. ~ 9.8.2 When the Cantraetor considers that the Wark, or a portion thereof which the Owner agrees to accept separately, is substantially camplete, the Cantractar and Canstruetian Manager shall jointly prepare and subunit to the Architect a comprehensive list of items to be completed or corrected. The Cantractar shall pressed promptly to camplete and earrect items an the list. IAailure to include an item an such list does net alter the responsibility of the Contractor to camplete all Wark in accordance with the Contract Gac:umenti. Upon receipt of the list, the Architect, assisted by the Construction Manager, will make an inspection to determine ~vheiher the Warts ar designated parties thereof is substantially etamplete. If' the Architect's inspection discloses any item, whether ar net included an the list, which is not in accordance with the requirements of the Cantrac:t Documents, the Contractor shall, before issuance of the Certificate of Subseantial Completion, camplete ar correct such item upon natificatian by the Architect. The Contractor shall then submit a request far another inspection by the Architect, assisted fay the Construction Manager, to determine Substantial Campletian. When the Work ar designated portion thereof is substantially camplete, the Architect evill prepare a Certificate of Substantial Completion which shall establish the date of Substantial Campletian, shall establish respensibiliaes of the Owner and Contractor far security, maintenance, heat, utilities, damage to the Wark and insurance, and shall fix the time within which the Cantractar shat finish all items an the list accompanying the Certificate. Warranties equired by the Contract Dacurnents shall commence an the date of Substantial Campletian of the Wark ar designated partisan thereof unless atherevise provided in the Certificate of Substantial Campletian. The Certificate of Substantial Campletian shall be submitted to the Owner and Contractor far their written acceptance of responsibilities assigned to them in such Certificate. § 9.8.3 Upan Substantial Campletian of the Wark ar designated lx:rtian thereof and upon application by the Cantractar and certification by the Construction Manager and Architect, the Owner shall make payment, reflecting adjustment in retainage, if any, far such Wark ac portion thereof as provided in the Contract Documents. The payment shall be sufficient to increase the fatal payment to ninety-five percent (95~i'a) of the Contract sum. less such amounts as ehe Canstructien Manager determines to be necessary to withheld tar incomplete Wart: and unsettled claims. The amaunt withheld tar incomplete Work and unsettled claims shall be one hundred fifty percent (150''0) of the east to the Owner to complete such Wark ar settle such claims. § 9.9 PARTIAL OCCUPANCY OR USE § 9.9.1 The Owner may cx:cupy <ar use any completed ar partially completed parties of the Work at any stage when such panics is designated by separate agreement with the Cantractar, provided such occupancy ar use is consented to by the insurer as required under Section 11.3.11 and authorized lay public authorities having jurisdit.Kian aver the Wark. Such partial occupancy car use may commence whether er net the portion is substantially campleee, provided the Owner and Cantractar have accepted in writing the responsibilities assigned to each of them far payments, retainage if any, security, maintenance, heat, utilities, damage to the Wark and insurance, and have agreed in writing concerning the peeled far correction of the Work and commencement of warranties required by the Contract Doa°uments, When the Cantractar considers a portion substantially camplete, the Contractor and Construerian Manager shalt jointly prepare and submit a list to the Architect ati provided under Section 9.11:2. Consent of the Contractor to partial occupancy or use shall net be unreascanably withheld. The stage of the progress of the Wark shall be determined by written agreement between the Owner and Contractor or, if na agreement is reached, by decision of the Architect after ctansultatian with the Construction Manager. full. A!A Document A~1fCtIt~T~ - ti~2 Copryrtghi ~ 1992 by The A~nsrican Institute of Architects. Alt Hghts teserved ' a: Tht~ ~t~~ t?ca~ument i~ ~~.._ ~._ ° ~ t° " ~ea~riht E.~~s ~~r~i Irttern~stitarae4 Treatise, t9rre~tt~rized re~rs~sdzrc4a~.. cr ~:..,_.~...`-er$ ®t this ~ 'z Ea ,an~,~e, cr end psrttt?ea cf dt, $i2 rras _t r ~€~ a see es~ii and cris~ils~si pas~att€~~, at~d ~ri(i prrt~eseutsd to the ersaxisr~ta~ st ~ uns9sr :' ~;~ 1a .This document wa& prodtac~ ~~g by A!A &Cftwa~'e at OT:dtt:54 on OS!t4f2t}UJ urtd0-Order tti4o.t00ti2'9~St t i_t ~it~ expires on 41df20t19, arm is net for resaEe. ` Uwe Notes: t5t ) r-1 1. J • ~h~ § $,$.2 Immediately prior to such partial acrupat~y or use, the Owner, Constnacdon Manager, Contractor and Architect shall jointly inspect the area to be occupied er portion of the Work to be users in order to deternune and record the condition of the Work. § 5.5.3 Unless otherwise agreed open, partial occupancy or use of a portion ar pardons of ttte Work shall net constitute acceptance of Work not complying with the requir9:ments of the Contract Documents, 5,10 FlMAI. COMPlE'P1sRl A~tO F1IdAl. PAYMENT 5.10.1 Upon rompledon of the Work, the Contractor shall forward to the Construction Manager a written notice that the Wark is ready for final inspeceion and acceptance and shall also forward to the Constntction Manager a final Conteartor's Application far Payment. Upon receipt, the Cansuvctian Manager will forward the notice and Application to the Architect who will promptly make such inspection. When the Architect, based on the recommendation of the Censtrttrtion Manager, finds the Work acceptable under the Contract Dorutttents and the Contract fully performed, the Construction Manager and Architect will promptly issue a final Certificate far Payrt>ent stating that to the best caf their knowledge, infermation and belief, and an the basis of their abservatians and inspections, she Wark has been completed in accordance with terms artri condidans of she Contract Decuments and that the entire balance found to be due the Contractor and noted in said final Certificate is due and payable. The Constntctian Manager's and Archieec:t's final Certificate for Payment will consdtuee a turther representation that conditions listed in Section 9.1A.? as precedent to the Centractae's being entitled to final payment have been fulfilled. § 5.10.2 Neither final payment nor any remaining retained perceneage shall becotta: due until the Contractor submits to the Architect through the Canstn-rtian Manager { () an affidavit that payrolls, bills far materials and equipment, and other indebtedness connected with the Work for which the Owner ae the Owner's property might be responsible ar encumbered (less amounts withheld by Owner) have been paid ar other wise satisfied. {2'> a rertifirate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will net be canceled ar allowed to expire until at least 30 days' prior written native has been given to the Owner, {3> a written statement that the Contractor knaves of no substantial reason that the insurance will net be renewable to raver the period required by the Contract Dcxeu9rtents, {4) consent of surety, if any, to final payment and {5}, if required by the Owner, other data. establishing payment ar satisfaction of obligations, such as receipts, releases and waivers of liens, claims, sexurity interests ar encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor eefuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bend satisfactory eo the Owner to indemnify the Owner against such I'ten, If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging sorb lien, including all eest.5 and reasonable attorneys' fees. § $.10.3 If, after Substantial Completion of the Wark, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final compleeien, and the Construction Manager and Architect sa confirm, the Dwncr shall. upon application by the Contractor and certifcaton by the Cemtrucdan Manages and Architect, and withoat terminating the Contract, melee payment of the balance due for that tertian of the Work fully completed and accepted. if the remaining balance for Work not fully completed or roerected is less than retainage stipulated in the Contract Documents, and if bands have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed. and accepted shall be submitted by the Contractor eo the Architect through fire Construction Manager prier to certification of such payment. Such payment shall be made under terms and renditions governing final payment, except that it shall net ranstitute a waiver of Claims. The making of final payment shall eenstitute a waiver of Claims by the Droner as provided in Section 4.x.5. § $.10.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application foe Paymene. Such waivers shall ix in addition to the waiver described in Ser:tion 4.7.5. ARTICLE 10 PROTECTION OF PERSONS ANQ PROPERTY ~ 10.1 SAFETY PRECAUTK}WS ANQ PROGRAMS § 10.1.1 The Contractor shall ~ responsible far initiating, maintaining and su~rvising a}I safety precautions and programs in connection with the performance of the Centract. Contracter hereby certifies that it has an established safety ~licy as required by the Occupational, Safety and Health Administration {OSHA), which requit9es regular safety meetings. The Contractor agrees to conduct weekly safety 9t~etings regarding its Wark under this agreement AtA ntaCUme»t A2t)i/CkRa~ - i>~2. C~tyHgPot +~ 1892 by Tt~ American instkute of Architects. d9t Nghtt Nerved. ~f~f9lritKz. 'hie ~f~~ t2c~ui~a~n9 is bra tt, a. ~~apyrigh9 t.ov end int .r ~anei Tresti~~, ilras€+9hori~ed re&arec9ss~ztnr~ of d1~9rft3U9iett ref th€~ At&~ O+a~r€at. sac anF Fararfiera rag tf, ~~ _a kt n s+svere ~i~a9 anr9 ~rimtne6 d ~aii ~rose~aated fo the an~xaar€raan ~~tera9 ~rs~~1~t~ sander She taw, This document by AiA software at 07:40:54 on 0819412007 ur~4er Order No.9 000285 9 1 1_9 which exr~res on 4d4f2048. and is cwt for resets. • and shall promptly prepare minutes of such meetings and provide spies of such minutes to Contractor as the Wank progresses. The Contractor agrees to comply with all requiretrtents of OSHA relating to the Work and shall maintain and provide all applicable material safety data sheets in accordance with OSHA requirements. The safety program shall be designed according to criteria provided by the Consuuctian Manager. The safety p9~licy shall else require a drug and alcohol free workplace enforced through pre-empiayment testing, random testing. ~ri~ic testing, far cause testing and immediate mandatary testing far any employees involved in any accidents or incidenGS. The Contractor shall submit the Contractor°s safety program to the Construcrian Manager far review and. caordinatian with the safety programs of other Contractors. The Contractor shall at all times comply with the approved safety program. § 10.9,2 In the, event the Contractor encounters on the site material reasonably believed to be assbestos or polychlorinated biphenyl {PCB) which has not been rendered harmless, the Gontraetor shall immediately stag Work in the area affected and report the canditian to the Owner, Construction Manager and Architect in writing, The Work in the affected area shall not thereafter be resumed except by written agreement of the Owner and Contractor if in fact the material is asbestos ar polychlorinated biphenyl {PCB) and has not been rendered harmless. The Wark in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl {PCB>, or when it hat been rendered harmless, by written agreement of the Owner and Contractor, ar in accordance with final determination by the Architect. § 10.9.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any Work relating to asbestos or polychlorinated biphenyl {PCB). § 90.9.4 To the fullest extent permitted by law, the Owner shall indemnify and bald harmless the Contractor, Canstntction Manager, Architect, their consultants, and agents and employees of any of them from and against claims, damages, lasses and expenses, including but not limited to attorneys' fees, arising out of ar resulting from performance of the Work in the affected area if in fact the material is asbestos ar polychlorinated biphenyl {PCB) and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction c9f tangible property {ether than the Work. itself) including loss of use resulting therefrom, but only to the extent caused in whale or in part by negligent acts ar omissions of the Owner, anyone directly ar indirectly employed by the Owner or anyone for whose acts the Owner may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shad not be construed to negate, abridge ar reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 10.1,x. § 90.9,5 if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material car substance erx:ountered on the site by the Contractor, the Contractor shall, upon reeognixing the canditian, immediately stop Work in the affected area and report the condition to the Owner, Construction Manager and Architect in writing. The Owner, Contractor, Construction 14tanager and Architect shall then proceed in the same manner described in Section it).1.2. § 10.9.6 The Owner shall be responsible for obtaining the sen~ices of a licensed laboratory to verify a presence ar absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, tv verify that it has been rendered harmless. unless otherwise required by the Contract )Documents, the Owner shall furnish in writing to the Contractor, Construction Manager and Architect the names and qualifications at persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor, the Construction Manager and the Architect will promptly reply to the Owner in writing stating whether ar not any of them has reasonable abjection to the persons ar entities proposed by the Owner. If the Contractor, Construction Manager or Architect has an abjection to a person ar entity proposed by the Owner, the Owner shall prose another to whom the Contractor, the Construction Manager and the Architect have no reasonable abjection, § 90,2 SAFETY OF PERSONS ANO PROPERTY § 90,29 The Contractor shall take reasonable precautions for safety af, and shall provide reasonable protection to prevent damage, injury or lass to: .9 employees on the Work and other }arsons who may be affected thereby; r ~ LJ toll. A!A (1oCttrlielit A2b11CMaTM -1992. GoPprt9ht ~ 9992 ay The tlmerlean InBtittAe of Archftects. A!t rtghts resolved. Y~Ar4PdECd~x: Th#~ A€A'`' ttsa~rar~€ent 6~ garea. ~i . ~~ ~#. ~p~R, ,Fat' ~ nd 7rsternatsdnak Trc~~t§~~. 4lnnaatt~csr#~~d r~tsr~sitaetiarr ~r e9t~trihretie~s~ rat this A#A`' t~oCUa'rtent, ~r any ptset#s~sa ~9 t9, rrsas}, s~s~ete c~wi n~# ray#te~~, aced al# tai f3rrssec€s9ed t~ tFi~ maximum ~xtsnt ~~#tk8e under the #~a?er. This w08 prodttCed hY AtA Setttevare at 07:48:54 on 08114/2~T under Order No.908829r'ti t 9_9 vnh#ch expires on 4!412808, and is clot for resa#e. U Notes: {593589948) .2 the Wark and materials and equipment to be incarptarated therein, whether in storage on ar off the site, under care, cushy ar control of ~ Contractor or the Contractor's Subcontractors or Sub- subcantractars; .3 other property at ttte site ar adjac:ent thereto, such as cress, shrubs, lawns. walks, pavements, roadways, structut~es and utilities not designated for removal, relcrccation or replacetztent in the course of construction: and .4 construction or operations by the Owner or other Contractors. 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing an safety of persons or property or their protection from damage, injury or loss. § 10.2.3 The Contractor steal! erect and maintain, as required by existing conditions and ~rfarmance of the Contract, reasonable safeguards for safety and prateckian, including pasting danger signs and attics warnings against hazards, promulgating safety reguladanc and notifying owners and assn of adjacent sites and utilities. § 10.2.4 When use for storage of explosives ar other hazardous materials or equipment ar unusual methods are necessary for execution of the Work. the Contractor shall exenise utrrarst care and carry an such activities under supervision of property qualified personnel, and the Construceian Manager reasonable prior written na%ice. § 10.2.5 The Contractor shall promptly remedy damage and lass (other than damage or lass insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2, 10,2.1.3 and 10.2.1A caused in evhate ar in part by the Contractor, a Subcontractor, a Suirsubcantractor> or anyone directly ar indirectly employed by any of them, ar by anyone far whose acts they may be liable and far which t}te Contractor is responsible under Sections 10.2.1.2, 10.2.1.3 and 10.2. I .~, except damage ar loss attributable to acts or omissions of the Owner, Canstruceian Manager ar Archite;ct ar anyone directly or indirectly employed by any of them, ar by anyone far whose acts any of them may be liable, and not attributable to the fault ae negligence of the Contractor. The foregoing abligatians of the Contractor are in addition to the Contractor's obligations under Section 3.l $, ~ 10.2.& The Contractor shall designate a responsible member of the Contractor's organization at the site whale duty shall be the prevention of accidents. This person shalt be the Cantractar's superintendent unless otherwise designated by the Contractor in writing to the Owner, Construction Manager and Architect. § 10.2,7 The Contractor shall not land ar permit any part of the construction ar site to be loaded sa as to endanger its safety. ~ 10.3 EMERGENCIES § 10.3.1 in an emergency affecting safety ar per.;ans ar property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage. injury or lass. Additional compensation ar extension of time claimed by the Contractor an account of an emergency shall be determined as provided in Section 4.7 and Article 7. ARTICIE 19 INSURANCE ANG BONOS § 11.1 CONTRACTOR'S LIABILITII ~ISURANCE § 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to da business in the jurisdiction in which the Project is located such insurance as set forth below. Such coverage shall include liability that Hazy arise out of or result from the Contractor's operations under the Contract ar-d far which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly ernptoyed by any of them, or by anyone far whose acts any of them may be liable. All insurance carriers must maintain an A.M. Best rating of "A-" or better. .1 (Paragraphs cfeteted) Cammer~cial General Lialrlllty. The Contractor shall procure and maintain until the Project has been completed and accepted by the Owner Camrta:rcial General Liability coverages with the following per project annual aggregate limits, using ISO Faenr CG 25030397 tar a substitute form providing equivalent coverage}; General Aggregate Limit Mat less than $1,0(~l,t~l; tattier than Praciuct-Completed O~rations> ~ ate- t a~ttc+~TM - r~2. Copyttght m t992 by 7'he n»re~car+ Inat~tute of a,~natecm. Jug etgtu~ wannsfao: °r~t~ ~~~r o~~~a~,~~ac ~~ pry ~ shay tf.S. ~opyrigi~t L ~ ~csd 1»f~r»~tica»~€ ~r~ati~~. t!»~uthortx~d r~~rcadeactlora ffr di~tri~car~ of this ~lA'~ tJo~a~€ar~»h, err r€y ~ortisaro ~s4 ~4. ~ ~ rsa~y . ,.ate ira v~r~ ctx€@ ~rs~ ~rEasrlaa~f »»~t4e~, end *~'s(i garsase~ca~e~ to t€¢~ sra~~~mc~arr ~~&~»P ~~iE~ aarad~r t~~ I~~~. TtaS t " ,d by AIA software at OP:40:54 on tl8li 4t2t~77 u»der Order Na.9 t}t}429311 t~t +a<hic~h expires o» 4A4d, e»r1 i8 ttiDt for re&~le. Use Natea: t89 } Prc~:luct-Completed Operations Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit (any one fire) Medical Expense Limit (any one person} Nut less than ~ l ,l~,t; Not less than ~ l ,~,t~}; Nat less than $ I,f,fliNJ; Nat less than $ 11~,IH10; and Not less than $ IQt~}0. Such policy or policies must include broad farm property damage coverage including, but not limited to, dan~ge arising from blasring, explosion, collapse of structures ar other property or damage to underground utilities and property with any X.C:U. exclusion removed. The policy or policies must include contractor's protective liability insurance, product and completed operations coverage and contractual liability insurance that includes coverage for the Contractor's obligations undee Section 3.1 S. The General Liability policy shall be endorsed to include personal injury, libel, slander, wrongful eviction, and false arrest. Alt policies shall be written on an occureenc:e basis rather than claims made. At the Contractor's option, such coverage tray be provided by separate policies far Contractor and for Owner and other named insured, or by naming the pvner and the other named insureds as additional Wanted insureds on the Gontractor's policy. If coverage is obtained by naming Owner and others as additional named insureds, the policy must contain a separation of insureds {cross liability} chose and a breach of warranty clause as set forth in Section 11.1.4 below and the certificate must so indicate. .2 "4'Varker's Campertsuition. The Contractor shall procure and maintain until the Project has been completed and accepted by the Owner statutory Worker's Compensation coverage and shaving Employer's Liability coverage with minimum coverage of One Million Dollars {Sl,f~l,~}. In addition, Contractor must provide evidence that its Subcontractors and their subcontractors carry similar coverage. The Owner and other named insureds requested by the Owner need not be named as an additional insured on the Employer's Liability coverage or the Worker s Compensation coverage unless specifically requested. Subject to the Owner's approval, the Contractor may include Employer's Liability coverage in the Umbrella or Excess Liability Coverage of its General Liability and Automobile Liability policies. .3 Automobile. The Contractor shall procure and maintain unfit the Project has been completed and accepted by the Owner, Comprehensive Automobile Liability Insurance for alt owned, non-awned and hired vehicles with single combined limit of not less titan Tvo Million Dollars C$2,t~D,t~}i}} per occurrence. Such coverage must name the Owner and other named insureds as may rte requested by the Owner as additional insureds. § 11.1,2 The insurance required by Section 1 l.l. t shall be written felt not less than limits of liability specified therein, in the Contract Documents or required by taw, whichever coverage is greater, Coverages shall be maintained without interruption from date of commencement of the Work until date of final pa}7ttent and termination of any coverage required to be maintained after final payment. Additional insurance coverage shaft apply as printery insurance with respect to any other insurance afforded to Owner and the other named insureds. ~ 11.1.3 Certificates of insurance acceptable to the Owner shall rte submitted to the Construction Manager for transmittal to the Owner with a espy to the Architect prier to eontmcncement of the Work. These c:eriificates and the insurance policies required by this Section 11. t shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, If any of the foregoing insurance coverages are required to remain in farce after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shalt be submitted with the f nal Application for Payment as required by Section 9.10.x. Information concerning reduction of coverage shalt be furnished by the Contractor w°ith reasonable prantptness in a~cordanc~ evith the Contractor's information and belief. .1 30-Day Native Cfause -Acceptable Language. As a cctndieian precedent to any mc~lification, cancellation or nanrenewal of the policy ar policies by the insuring company during the periods of coverage as stated herein, thirty (30} days prior written native of such cancellation, material change or Wan-renewal will be mailed to the party to wham this certificate is issued. • • tart. AtA tsacument A201FCAta"" -1952. Copyright ~ t992 by The American institute of Architects. Ali rights r ~6At~iFdtx~ ~hPS AiAm ~oeum~ratss #~r~t~ ' by fl.~, Gxap~ri~ht t~a~a+ and Irrt~rn~tixsn~i rre~atir~s. Linatatitcart~a~~ r~pr~duetiaan ~r ~';ir€~t o tat R:~ ii.` fl~ct~rr¢ent, tar ~ra~ p~rtattr~ t~S €t; rn t r ~ - s~~~re ci~ti grad critrsit~ai ee~t8le~, ~ratf ca€h prcas~x.€t€~d to t en~~imetm ~x° ant p ~ ,~,= ie u " I ~~?a. This dstcument was produced by AiA salivate at t77:44ad on Q8tt•k2tkt7 under Order No.tOQtS29~5i t t_t which expires on 414t2f308. and is trot for ; ~~sace. USBrPiotes: ;St3589948} .2 3Q-Day Notice Clause - Utmcceptable Lane. Should any of the above-described polices ~ canceled, materially changed or non-renewed before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the below named certificate holder, but failure to mail such notice shall intpvse no obligation or !lability on any kind upon the company. § 11.1.4 Required Clauses. .1 Breach of Warranty Clause. As to the interest of any addipanal insured, the itesuranie afforded by the policy shall be invalidated by any breach ar violation by the natrted irtsuted of any warranties, declarations or cotulitians. Notwithstanding the foregoing, the additional insurccfs shall be subject to all terms and conditions in the policy and nothing contained herein shall prevent exhaustion of the limits of liability by payment on behalf of any insured. ,2 Separation of Insured {Cross Liability) Clause. Except with resl~ct to the permissible limits of insurance, and any rights or duties specificapy assigned in this coverage part to the first named insured, this insurance applies {i) as if each natr~d insured were the only named insured and (ii) separately to each insured against whom claim is made or lawsuit is brought. § 11.9,5 The Contractor shall require all Subcontractors and Sub-subcontractaes of any tier to provide {il Commercial General Liability Insurance (with net less than $I,tgH?,{~1 coverage for personal injury and property damage), {ii) Worker's Camp>ensatianlEmployer's Liability Insurance {not less than SStIB,t coverage), and (iii) Business Automobile Liability [nsurance (not less than Sl,il~,t~ coverage) substantially as set forth in Section 1 l.l. The Contractor shall pravide certificates of insurance evidencing such coverages prier to allowing such Subcontractors and Sub-subcantractars to camtnence of Wark. § 11,2 OVftAiER'S I.IABiUTY INSURANCE § 19,.2.1 The Owner shall be responsible far purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner tray purchase and maintain other insurance for self-protection against claims which may arise Pram operations under the Contract. The Contractor shall net be responsible far purchasing and maintaining this optional Owner's liability insurance unless speci6eally required by the Contract Documents. § 11.3 PRAPERTY tNSURANCE § 19,3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to da business in the jurisdiction in which the Fraject is located, property insurance in the amount of the initial Contract Sum as well as subsequent mculificatians thereto for the entire Wark at the site an a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until tirtal payment has been made as provided in Section 9.1Q or until na person ar entity ether than the Owner has as insurable interest in the property required by this Section 11.3 to be covered, whichever is earlier. The Owner's insurance program is intended to cover the interests of the Owner and dace not caner the interests of the Contractor, Subcaniractars and Sub-subcaniractors in the Wark or material suppliers or ethers associated with the Project. ~ 91.3.9,1 Property insurance shall be an an "all-risk" policy form and shall insure against tl~ perils of fire and extended coverage and physical loss ar damage including, without. duplication of coverage, thefe, vandalism, malicious mischief, collapse, faisewark, tetnparary buildings and debris removal including demolition accacioned by enforcement of any appiieable legal requirements. Coverage for other perils shall net be required unless otherwise provided in the Cantrnct Documents. § 11.3.1.2 The Contrnetar shall maintain insurance as deemed necessary by the Contractor to protect its interests and the interests of its Subcantractars and their Sub-subcontractors in the Wark, including property, materials, equiptr;ent, and tools. Materials incotparated into the Wark and materials suitably stared at the Project site will be considered coveted by the Owner's insurance program at 1 ~:C>il noon an the date Owner issues payment therefore. § 91,3.9.3 If the property insurance requires minimum deductibles and such deductibles errs identified in the Contract Dc~uments, the Con~actar shall pay costs net covered becau~ of such deductibles. If the Owner ar insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this ~t AtA vteeume~tt A~tlCti#aTM - tt~2. r.,zpyrtgr+t ~ ts92 by T~ Institute of nrchite>rts. Aq nB~ts ~ ~nE~ff~~: t"6'aia ~t~` oa~~tte~rertz is ~rrstt~d i~~ tt.. ~saysyriht t,~w artd tnz~tst~zi~Rtsl tteaziss, Ari&~d +te~ticart arc >8r ar ~ ctf 81~is ~i~ Casaotstr€t, acrg~ p~rzion asf it, 4~ may e~~t~it its ~~ra ~i~it artd ~tieraanai ~Iti~s, and will tx~; prca~, .:u i to tie etaaxirraurss t;~t ~~tt ~ :ii ranai~r zi'i~ isW, 'this ds~ument Was ~ by AIA software at 47:40:54 ~ 08014l2t~J7 under Qrder Ptt9. t 11 t_1 wttiah expres an 414J2t~8, acrd is trot tar resale. tract tQotee: (Si 1 o ~ insurance with voluntary deductible amounts, the Owner shall be respansibfe tar payment of the additional casts not covere~f because of such increased ar voluntary deductibles. ~ 11.3,1.E The Contractor shalt provide ingtirance coverage far portions of the Wark stored off-site, far portions of the Work in transit, and all portions of the Work stared at the Project site, and all material and equipt~nt incot~arated into the Work until covered by the Owner's insurance program as described in Sestian 11.3.1.2 shave. § 11.3>1.5 The insurance required by this Section l l.3 is not intended to saver machinery, teals ar equipment awned or rented by the Contractor that are utilized in the perfarn~nce of the Work but not incat~rated into the permanent improvements. The Contractor shalt, at the Canteactar's awn expense, provide insurance coverage far awned or rented machinery, tcaals ar equipment which shall be subject to the provisions of Section i l .3.~. § 11.3,2 Bailer and Machinery Insurance. The Owner shall purchase and maintain bailer and machinery insurance required by the Contract Dcx:uments ar by law, which shall specifically server such insured objects during installation and until final acceptance by the Owner: this insurance shall inctude interests of the Owner, Cansttuetian Manager, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11.3.3 Lass of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance anti will insure the Owner against lass of use of the Owner's property due to fire ar ether hazards, however cau.5ed. § 11.3.$ If the Contractor requests in writing that insurance for risks other than those described herein or far rather special hazards be included in the property insurance policy, the Owner shall, if passible, include such insurance, and the cast thereof shall be charged to the Contractor by appropriate Change Order. § 11.3.5 if during the Project construction period the Owner insures properties, real ar personal or bath, adjoining or adjacent to the site by property insurance under policies separate from these insuring the Project, ar if after final payment property insurance is to be provided on the completed Project through a policy or policies ether than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with. the terms of Section 11.3.7 far damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or oeheru7se. § 11.3.6 Before an exposure to lass may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.3. Each policy shalt contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days' prior written native has been given to the Contractor. § 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against each other and against the Construction Manager, Architect, Owner's other Contractors and awn forces described in Article 6, if any, and the subcontractors, sub-subcontractor, consultants, agents and employees of any of them, for damages caused by fire or other perils to the extent covered lay property insurance obtained pursuant to this Section l l .a ar other property insurance applicable to the Wark, except such rights as the Owner and Contractor tray have to the proceeds of such insurance held by the Owner. 'Tlte Owner or Contractor, ar appropriate, shall require of the Construction Manager, Construction Manager's consultants, Architect, Architect's consultants, Owner's separate contractors described in Article fa, if any, and the subcantractars, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required far validity, similar waiver each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement ar otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person ar entity would otherwise have a duty of indemnification, contractual ar otherwise, did not pay the insurance premium direcity or indirectly, and wf~ther ar not the person or entity had an insurable interest in the property damaged. § 11.3.8 A lass insured under Owner's property insur6trtce shall be adjusted by the Owner and made payable to the Owner. The Caneractar shall pay Subcontractor their just shares t>f insurance proceeds received by the Caniractoe, and by appropriate agreements, written where legally required far validity, shall require Subcontractor to make payments to their Sub-subcontractor in similar manner. ~J Init. A!A Or~t-rr+ent A;~t/CIY~*r -1~2. C~pyrtght (~9 t992 hY Tt~ American institut®of Architects. A!I rights reserved, YVAtdtPtCa, Yt~ts AtA~ t5p~a~rraera! @~ ..°^• ? ~ ~,~. "'-~r.~;-~ht E.~ua ar~d lnterra~tic~re~1 t°e~ate~~. UeeautPa~r~~~d eepra~vetf~n ar d4strttasat€csea at ttaE~ Atk` t3~~tara,~rat. car arty ~a3rtkcs€s of 6t, y x se~rere ~ crireaanai peraettree, sad mitt prc~secut~:ct flp t43~ reta~in7tzrc e~teeat paz~~i~ie unsr tip 9strr. This duialment wa8 ~UCed bF AIA software at 07:40:54 on Ost14=2t~T urrcfer Order ~. toUU29St 1 i_Y which expires on 414l2tX}8, arwl is rrot for resale. User tMOt~: tSt 1 ~ 11.3.$ The Owner shall deposit in a separate account proceeds sa received, which the Owner shall distribute in accordance with such agreett~nt as the patties in interest may reach, or in accordance with an settlement or judgment far a court of competent jtirisdictian. If after such lass no ether special agr~ment is tttade, replacerrtent of damaged property shall be covered by appropriate Change Order. ~ 11.3.10 The Owner shall have power to adjust and settle a lass with insurers. § 11.3,91 Partial occupancy ar use in accordance with Section 9.9 shall rtat commence until the insurance company or companies providing property insurance have consented to such partial occupat~y er use by endorsement or otherwise. The Owt~r and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cat~ellation, lapse or reduction of insurance. § 11.4 PERFORtCE BOND AND PAYMENT BOND § 11.+11 The Contractor to furnish bends eavering faithful performance of the Contract and payrrtent of obligations arising thereunder as stipulated in the "Supplemeneary Instructions eo Bidders" and specifically required in the Centract Docurx~nts on the date of execution of the Contract. ~ 19.4.2 Upon the request of any person ar entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ART~LE 12 UNCOVERING OF WORK; QUAtJTY CONTROL, AND CORRECTION OF WORK {Paretgrapfa deleted) § 12.1 UNCOVERING OF WORK ~ 12.1.1 If a portion of the Work is covered contrary to the Construction Manager's or Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by either, be uncovered far their observation and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If a portion of the Werk has been covered which the Construction Manager ar Architect has not specifically requested to observe prier to its being covered, the Construction Manager ar Architect may request to see such Work and ii shall ~ uncovered by the Contractor. If such Work is in accordance with the Contract D~uments, cores of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or one of the other Contractors in which event the Owner shall be responsible for payment of such costs. § 12.1.2 QUALITY CONTROL PROGRANt Continuous central of the quality of the Work is the essence of this Contract. The Contractor shall establish a quality control program satisfactory to the Construction Manager to assure the proper execution of the Wark in accordance with this Contract. The Contractor shall at all times comply with the approved quality central program. § 12.2 CORRECTION OF WORK ~ 12,2,i The Contractor shall promptly correct Wark rejectc'xi by the Construction Manager or Architect ar failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Construction Manager is autltoriaed to coil far extra inspection or testing of the work far compliance with requirements of the Contract Documents. The Contractor shall bear casts of correcting such rejected Work, including additional testing and inspections and compensation for the Construction Manager's and Architect's services and expenses made necessary thereby. § 12.2,2 If, within one year after the date of Substantial Completion of the Work ar designated portion thereof ar after the date far commencement of warranties established uruier Section 9.9.1, or by terms of an applicable special warranty required by the Contract Docutrtents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Centractar shall correct it promptly after receipt of written native from ttse Owner to da so unless the Owner has previously given the Contractor a wriiten acceptance of such condition. This period of stns year shall be extended with resp~:t to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Wark. This Init. AtA tur~nt A2pttGT~ -182. Copyright ~ t832 by Trra Ametie8n in~itute of Ardtitecte. alt rights yY~tdiPt~a. Ti~te ~i~"' t2ctcctt~tet~t t~ pr~teck y tt.~. ~oyrst€# i.~~ rind tattrrraeE(ane) "rr~*~r#, #ln~u~hnriz~r9 r~tssaactictn ~ ~~ ~t ifti~ ~8 t38~eanx~nf. or arty por€aran of t!, - ~$ sva~y r~~uEB in tare cvi} mnei ~rintin~k rt~lfl~~, ~rtd +aaifi b~ ¢rtAS~~uf~ d to the rttattittrctnr ~xt~ p€ap ~4~Eg tara~ ! ~. T'h3s doxument was try AIA 80ftware of 07:49;Sd on ti8di4/2{IU7 under t7rder t~.94tit}29811 t_7 vrttich exg~res on 4€4!200&. and is trot for re881e. ' . usor ice: t5t ! • obligation under this Section 12.2.2 shall survive acceptance of the Work under the Contract and terminaeion of the Contract. The {}caner shall give such native promptly after discovery of the condition. § 12.2.3 The Contractor shut! rertxave from the site portions of the Work that are not in accordance with the requirements of the Contract Dcaruments and are neither carrerted by the Contractor nor accepted by the Owner. § 12.2.4 If the Cantrartar fails to correct nonconforming Work within a reasonable time, ehe Owr~r may correct it in accordance with Section 2.~. If the Cantrac;tar does not proceed vt=ith carrertian of surh nanranfarming Work within a reasonable time fixed by written notice Pram the Architect issued through the Construction Manager, the Owner ntay remove it and store the salvable materials ar equipment at the Cantrartar's expense. if the Contractor does not pay casts of surh removal and storage within ten days after written notice, the Owner may upon ten additional days' 1.vritten entire sell such materials and equipment at auction or ai private sale and shall account far the pr+ctreeds thereof, after dedureing costs and damages that should have been borne by the Contractor, including compensation far the Construction Manager`s and Architect's services and expenses made necessary thereby. If surh proceeds of sale da not rover costs that the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Cantrareor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. § 12.2.5 fine Contractor shall bear the cast of carrerting destroyed or damaged canstrurtion, whether completed ar partially completed, of the Owner or other Contractors raased by the Contractor's correction or removal of Wark which is not in accordance with the requiretents of the Contract I)c}cutnents. § 12.2.6 Nothing contained in this Section 12.2 shall be construed to rstablish a peritxl of limitation with tespert to other obligations that the Contractor might have under the Contract Dt~uments. Establishment of the time periacl of one year as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the abtigation to comply with the Cantrart Doruittents may be sought to ~ enforced, nor to the titer within which proceedings may be commenced to establish the Conuartor's liability with respect to the Contractor's obligations ocher than sperifiralty to correct the Work. § 12.3 ACCEPTANCE OF NONCONFORMING WORK § 12.3.1 If the Owner prefers to accept Work that is eat in accordance with the requiremen~+~ of the Contract Documents, the Owner may da sa instead of requiring its removal. and rairectian, in Which rase the Canuact Sum wilt be reduced ac appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROtflSIONS § 13.1 G01fERN1NG LAW § 93.1.1 The Contract shall be governed by the law of the place where the Project is gated. ~ 13.1.2 The Contractor and the Work shall strictly comply with all applicable federal, state, Inca} and municipal. laws, rules, regulations, statutes, ordinances and orders of any publsc authority having jurisdiction over the Project {hereinafter retemxi to as "Laws"), including, but not limited ta: .1 any labor, wage, equal opportunity employment, environmental and safety Laws; .2 any applicable provisions of the Public Works Contractor"s State License Law, Title 54, Chapter l9, Idaho Cade, as it may be amended from tinne to time; and .3 any applicable provisions of Sections ~-lull and ~-1(~2, Idaho Cade, regarding the employment of residents of Idaho. § 43,2 SUCCESSORS ANO ASSIGNS § 13,2,1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the tither party hereto and to partners, succe~aors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Dacurrtents. Neither party to the Contract. shall assign the Contract as a whtite without written consent of the other. If either party attempts to make surh an assignment without surh consent, that party shall nevertheless remain legally responsible for all obligations under ehe Contract. inlt AIA Oocumerlt A20tiC~tla~ - 4392. eslpytight £91992 by The American inst€tute of Arch€tects. All rfghi.s reserved. t~A~Clil~l#.a: 'rfaa~ AidaY' t~aaceaavterat €~ ~arestectecf tsy tE.~. ~aa~Yr€q€~t la~€ ~r+d traftsrrtal€anai Trestis:~, t1rtS2t31t' _ • rc:~arttdu*?iaaa tars °i~frttatatlara cef th€~ AtA" ~x3~uvt~,rt1, car aesy part(1a tat it, `~ za~ey r~~csit €n ~~av~xre cis€8 prod crianirsrai p~ra~it@~~, end ~€di try Or ~ q ~ a ~^ni Oa~~€#s€~ ursd~r ffa~ dv~r. This document vase produee~d by AiA saft+roare ai 07:44:54 can 08t14120<.1? under Order tda.t04429541 i t ~h€r~ exp€res an 4!412008. and €s eat far resa3®. tlset Notes: {5i a~348) ! • § 93.2.2 Contractor shall not assign all or part of the monies due or to become due hereunder without written consent of the Owner and the Contractor's surety. The Carttrat;tor's request for the Owner's content shall include a copy of the proposed assignment and the sureey's consent. Any instrument of assignment shall expressly subordinate ail rights of the assignees thereunder to (i}all rights of the Owner under this Contract, lii}payment of alt subeantractars and laborers for Work performed, {iii) payment of all materials and equipment famished, consumed. used or rented in performance of the Wark, and (iv} paytt~nts of any amounts due to any governmiental authority with jurisdiction over the Project ar Contractor far Work perforrtted, including, but not limited to, sales, use, income or employment tastes. ~ 93.311ftiiRITTEN NOTICE 93.3.9 Written notice shall be deetrted to have been duly served if delivered in person to the individual ar a member of the firm or entity ar to an officer of the cormsration for which it was ineended, tie if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. ~ 13.4 RIGHTS AND REl19EWES ~ 93.4.9 Duties and obligations imposed by the Contract Doeurnents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. § 93.4.2 Na action or failure to act by the Owner, Canstruetion Manager, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. § 93.5 TESTS AND INSPECTIONS § 93.5.9 Tests, inspections and approvals of portions of the Work required by the Contract Dm:uments or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Lfnless otherwise provided, the Contractor shall make atrangerr~nts for such tests, inspections and approvals with an independent testing la~ratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear a!1 related costs of tests, inspections and approvals. The Contractor shall give the Construction Manager and Architect timely native of when and where tests and inspections are to be made so the Construction .'Manager and Architect may observe such procedures. The Owner shall bear casts of tests, inspections or approvals which do not become requirerrtents until after bids are received or negotiations concluded. § 93.5.2 [f the Construction Manager, Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1 < the Construction Manager and Architect will, upon written authorization from the {)weer, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Constnrctian Manager and Architect of when and where tests and inspections are to be made so the Construction Manager and Architect may observe such procedures. The Owner shall bear such casts except as provided in Section 13.5.3. § 93.5.3 If such procedures for testing, inspection ar approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, the Contractor shall bear all costs made necessary by such failure including those of repeated proc:t;dures and compensation for the Construction Manager's and Architect's services and expenses. § 93,5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor atul promptly delivered to the Construction Manager for transmittal to the Architect. ~ 93,5,5 if the Construction Manager or Architect is to observe tests, inspections or approvals required by the Contract Documents, the Construction Manager or Architect will do so promptly and, where practicable, at the normal place of testing. ~ 93.5.8 Tests or inspections conducted pursuant to the Contract Daeuments shall be made promptly to avoid unreasonable delay in the Work. t ~ A!A t~um~t a~t/tCtwlaT"" - tS92. copyright ~ i9s2 by'fhe American Instih~ie of ArChftects. Att.tght~ tB~+~FiF1i{+ic: "rhea ai~~ ~sa~ttrrc~tei is pra~tscf~c9 by ~ _ ayriht i_s~ anal tn4~rnst3sae ' T . Lir orize+~ rsgzrtrcti~rf dr ~istrita€~ti~an ai tisla ~t'~ ct~caJr~a~ret, ~sr gray partie~ra at it, ~.~ ~ tts~~ rarsuit in ~ ~€~ai sr}d ~rifn~i rs~lti~$ earaat vs; era ~~tr; _' to the ~a~lr€saatet ~~t~,ri peassi€1~ crn~~r th€ ice, This daCUmeTtt sromq ~cafi by RiA at aT:$O:5a an ~i4f2f~7 under t3rder Pto.t11 L_t ex~res On 4lAtZflttB. arxi is not for r0s&tte. ter dttriesf•= (5t ) § 13.61M1<EREST § 13.6<1 Payments due and unpaid under the Cantract l~uments shall bear interest from the date payment is due at the rate of eight percent {8~re}per annum until the date payment is issued by Owner. § 13.7 CgAA~ENCEMENT qF STATUTORY l1~PfAT1gN PER1g0 § 13.7.1 As between the Owner and Contractor, any applicable statute of limitations shalt commence to non at~t any Legal cause of actian shall ~ deemed to have accrued in any and all events {Pctra~ruphc cieletcur} in accordance with Naha law. ARTICt,E 14 TERMINAT1gN qR SUSPENSIgN OF THE CgNTRAGT § 94.1 TER~l1dATIgW BY THE CQNTRACTOR § 14.1.1 The Cantract may terminate the Cantract if the Wark is slapped far a period of 60 days through no act ar fault of the Contractor ar a Subeantractor, Sub-subcontractor or their agents ar employees ar any other persons performing portions of the Work under cantract w7th the Contractor, tar any of the fallowing reasons: .1 issuance of an order of a cattrt or other publie authority having juriscliceian; ,2 an act of government, such as a declaration of national emergency, making material unavailable; ,3 because the Construction Manager ar Architect has not issued a Certificate far Payment and has not notified the Contractor of the reason far withholding certification as provided in Section 9.4.", or because the Owner has not made payment an a Certificate for Payment within the tines stated in the Cantract Documents; or ,4 if repeated suspensions, delays ar intemtptions by the Owner as described in Section 1~.3 constitute in the aggregate more than lt}t) percent of the fatal number of days scheduled far eampletian, ar I SU days in any 36S-day period, whichever is less. § 14.1,2 tf one of the above reasons exists, the Contractor (nay, upon fourteen additional days" written notice to the Owner, Construction Manager and Architect, terminate the Cantract and recover Pram the Owner payment (i} far Work properly executed, iii} far proven loss with res~ct to materals, equipment, tools, and construetion equipment and machinery, and (iii) reasonable overhead and profit an the Work properly completed. § 94.1,3 If the Wark is slapped for a period of ((1 days through no actor fault of the Contractor ar a Subcontraciar ar their agents ar employees or any other persons performing pemiam of the Work under cantract with the Cantraetar because the Owner has persistently failed to fulfill the Owner's obligations under the Cantract Documents with respect to matters im~rtant to the progress of the Wark, the Contraceor may, upon seven additional days' written notice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the Owner as provided in Section 14. t .2. ~ 14.2 TER~IINATIgN BY THE gWNER FOR CAUSE § 14.2.1 'The Owner may terminate the Cantract if the Contractor: .1 persistently ar repeatedly refuses ar fails to supply enough properly skilled workers ar proper materials: <2 fails tc~ make payment to Subeantractors far materials ar labor in accardance with the respective agreernenits between the Contractor and the Subcontractors; <3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or ,4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the abtlve reasons exist, the Owner, after consultation with the Consteuction Manager, and upon certification by the Architect that sufficient cause exists to justify such actian, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractors surety, if any, seven days' written native, terminate employment of the Contractor and may, subject to any prior rights of the surety: <1 take possession of the site and of all materials, equiptrtent, tools, and construction equipment and machinery thereon awned by the Cantrtrtar: .2 accept assignment of subcontracts pursuant to Section 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. AIA document A~I11Ct4~'~ - (992, C~sXrr9ht ~ 1992 by The American tnstitute o1 Ardtilects. Alt NgAts r A,~t~th1~: Th§~ A1A~ Oacazment ea ~' prgffiected y U.9. wpyrsP7t 1. end trat~rrs~4i~sge8 Tr~~te~s. tlrseuthcrezed regroduati§~era cgr di~i~§4 g, n c1 tfgie Ate" 1~€seuaxsertf, or ~grsy tscrt§ore tg1 et. cJe~ envy res~a§t erg s~~r~r~ ~svel grad srlaeg~l ~i~n~§&§~~, argil ~§t6 pscse~axled to tfae gtba~emtgnt ~xt~rag ; a ueatlc~r Y§t~ I~~ra, This document w~ produced by ALA software at 07:40:54 un OBi14t2007 under Order No.t(}00296111_1 wh§oh exp§res on 4f4t2aU6, a~ is rat for resale. User Notes: (St 3 ! • ~ 44.2.3 When the C}wner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14,2.4 if the unpaid balance of the Contract Sum exceeds costs of finishing the Work, ir~luding compensation for the Construction Manager's and Architect's services and experts made necessary thereby, such excess shall be paid to the Contractor. if such costs exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor ar Owner, as the case may be, shall, upon application, lac certified by the Architect after consultation with the Constntction Manager, and this obligation for payment shall survive termination of the Contract. § 14;3 SUSPENSION BY THE 4VV{VER FOR CONVENIENCE § 14.3,4 The Owner may, without cause, order the Contractor in writing to sus~nd delay or interrupt the Work in whole or in part for such period of time as the Owner rttay determine. § 14.3.2 An adjusttrtent shall be made for increases in the cost of performance of the Contract, including profit on the increased cost of performance, caused by suspension, delay or interruption. Na adjustment shall ~ made to the extent: .1 that ~rfarmance is, was ar would have been so suspended, delayed or intereupted by another cause far which the Contractor is responsible; car .2 that an equitable adjustment is made or denied under another provision of this Contract. § 14.3,3 Adjustments made in the cost of performance may have a mutually agreed fixed ar percentage fee. 844.4 TERMINATION BY THE OYVNER FOR CONVENIENCE ~ 44.4,1 The ®wner tray, at any time, terminate the Contract for the Owner's convenience and without cause. § 44.4.2 Upon r~eipt of written notice from the Owner of such termination for the Owner's convenience< the Contractor shall: .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, far the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of terrttination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. §14,4,3 In the case of such termination for the Owner's convenience, the Contractor shall ~ entitled to receive payment from the Owner ti) for Work properly executed, tit} reasonable, proven casts incurred by reason of such termination, such as the costs incurred by the Contractor pursuant to Section 14.4.2, and (iii) reasonable overhead and profit on the Work properly completed. AtA t3ocumeM A~1tCAie"' -1992, Capyrtght ~ is92 by Thy Amer~en Institute of Architects. Art Nghts reserves. AFt~4li~~. f~ais AtAy ~cacuarr~stt ~~ trot. pts t P ! G8, n. ~€ayriht Lt~w grad to - raet Tr~eties. lsra~uttrtariasd r~presctuciscn z+r €ft~tribaaticra cat th§~ ~6~a,~ ~~c~tr&, rsr ~rtp ta~ritan e~f at< ~ a} r ai n vets eIV€I sra~ ~ritartne ~~ ~ mitt re~~caated t~ the raa~x6enuan a~~teaxtt ~casefkale asnder Ehe 4a~a. This document w~ pnsduc~t (r-~ br AUl software at 47.A4~4 on 48/t 4/2Q4T under Order No. ttM}42~1 i t _1 which ex~res on e1s, end is rnot for resale. u~ r~1ea: tst } C ~ ~ October 19, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING October 23, 2007 APPLICANT Public Works Department ITEM NO. 6 A ~ 1 REQUEST Reimbursement Request for Shepherds Creek Sewer Extension 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 ~x I~ a~'~ ~ ~~ b Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubNc meetings shall become property of the City of Meridian. COOPS TIVE CONSTRUCTION D I E NT AGREEMENT 27-INCH S T Y SEWER TR L ER R O TO STODD ROAD THIS AGREEMENT made this day of ~ .~~}-- 2007, by and between the CITY OF ME IAN, a municipal corporation, hereinafter called "CITY," and Shepherd's Creek LLC, hereinafter called " OFFSITE DEVELOPER" and Tuscany Development, Inc, hereinafter called "ONSITE DEVELOPER." WITI°~ESSET: WHEREAS, OFFSITE DEVELOPER owns land inside the corporate limits of the City of Meridian and desires to construct a sanitary sewer system to be owned, operated, and maintained by CITY to serve their property and future City of Meridian property, shown as LINE B on Exhibit "A" and Exhibit "C," and has requested reimbursement for a portion of the sanitary sewer system; WHEREAS, ONSITE DEVELOPER owns land inside the corporate limits of the City of Meridian and will allow construction of the offsite sanitary sewer system across their property to serve their property and other City of Meridian property, as shown on Exhibit "A" and has agreed to compensate the City of Meridian for a portion of the reimbursement to the OFFSITE DEVELOPER. WHEREAS, upon recommendation of the Public Works Department, the City Council of CITY accepted and approved the proposal of OFFSITE DEVELOPER and ONSITE DEVELOPER to construct the sanitary sewer system, subject to all conditions hereinafter provided by this Agreement; NOW THEREFORE, in consideration of the foregoing premises, the parties hereby agree: A. Preparation of Plans. ONSITE DEVELOPER has prepared plans and specifications, drawings, instructions, bid proposal and all other contract documents for the construction and installation of sanitary sewer system (hereinafter called "Project', shown on Exhibit `B," including rights-of--way, grades and elevation, and materials used in the construction and installation of said trunk sanitary sewer lines. B. Final Appmval of Plans. Prior to commencement of construction, CITY shall approve or reject, in its discretion, the Project plans. CITY and ONSITE DEVELOPER shall acknowledge in writing the final plans, and said plans shall not thereafter be modified in COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 1 of 12 any material way unless such modifications are approved in writing signed by CITY and ONSITE DEVELOPER. C. Construction of the Proiect. 1.OFFSITE DEVELOPER shall install and construct the Project in compliance with and subject to all conditions provided herein. 2.ONSITE DEVELOPER shall obtain and/or provide all engineering, surveying, contract administration, and/or permanent and temporary easements necessary for the construction of the Project. 3.OFFSITE DEVELOPER shall undertake and/or provide all testing, sampling and other normally conducted measures for quality controUquality assurance regazding any and all installed systems. 4. CITY shall provide inspection services for the construction of the Project in accordance with CITY standazds. D. Solicitation of Bids. OFFSITE DEVELOPER has solicited bids and published requests for bid proposals for construction of the sanitary sewer system from at least three (3) properly licensed public work contractors. OFFSITE DEVELOPER will awazd the construction to the lowest responsible bidder after obtaining concurrence from CITY of low bidder. E. Contract Terms. OFFSITE DEVELOPER shall provide CITY with a copy of the executed construction contract(s). All construction contract(s) shall include, at a minimum, the following provisions: 1. A requirement that the contractor provide payment and performance bonds naming CITY as an additional beneficiary as required by the Public Works Contractors License Act, Chapter 19, Title 54 of the Idaho Code. 2. A requirement that the successful bidder be licensed as a public works contractor. 3. A requirement that the construction of the Project shall be in accordance with the approved designs, plans, and specifications and be Substantially Complete within six (6) months from the date of the issuance of a Notice to Proceed from the City. For the purposes of this Agreement, the term "Substantially Complete" shall mean that the Project and all components thereof can be safely used for their intended purpose(s) despite the fact that some item or items remain uncompleted. 4. A provision that the time for Substantial Completion will only be extended by (a) acts of God, (b) war, (c) delays caused by CITY, (d) weather, (e) review and/or approval processes required by outside agencies not otherwise parties to this Agreement, (f) any request for extension of time approved in writing by CITY. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 2 of 12 ~ ~ 5. A requirement that the contractor shall maintain liability insurance insuring against bodily injury or death with limits of not less than One Million Dollars ($1,000,000.00) per person and per occurrence, and property damage with a limit of One Million Dollars ($1,000,000.00) per occurrence. Said requirement is extinguished upon acceptance of Project by City. 6. A provision that the contractor shall indemnify CITY and OFFSITE DEVELOPER from any and all claims by third persons arising out of the performance of the contract. 7. A provision that the contractor shall comply with all applicable laws, rules, and regulations, and that the contractor shall secure all applicable permits and pay all applicable fees. $. A provision providing at least a one (1) year warranty on the operation and materials of the Project, which warranty shall be assignable to CITY, to be secured by securing a letter of credit in favor of City upon project completion in the amount often percent (10%} of the total Project cost. F. Conditions Precedent to Execution of Construction Contract(s). Prior to execution of any construction contract, the following conditions shall be satisfied: 1. OFFSITE DEVELOPER shall obtain written approval from CITY of the form and terms of such construction contract, which approval may be withheld for any reason, including but not limited to OFFSITE DEVELOPER's failure to obtain a construction contract that contains the provisions required by this Agreement, but which approval shall not otherwise be unreasonably withheld. 2. Any easements required for the Project or the construction thereof shall be deeded to CITY and recorded prior to construction of the Project. G. OFFSTTE DEVELOPER and CITY Responsibility for Costs. Because the OFFSTTE DEVELOPER will construct oversized sanitary sewer improvements, as shown on Exhibit "B", at the request of the CITY, it is mutually agreed that the cost of the Project will be shared as depicted in Exhibit "C," subject to actual cost verification by City. OFFSTTE DEVELOPER shall fund 100% of the cost of the Project, estimated at $519.989.00, with reimbursement from the CITY in accordance with the provisions of this Agreement . H. Change Orders to Construction Contract. OFFSITE DEVELOPER shall obtain the written approval of CITY before approving any change order to the construction contract if (a) the cost of the change order will exceed one percent (1 %) of the contract price or (b} the cumulative total of all previously approved change orders exceeds ten percent (10%) of the contract price. In the event of a change order, CITY and OFFSTTE DEVELOPER shall execute an amendment to this Agreement to record the amount of the change order to be reimbursed to OFFSITE DEVELOPER, if any. In the event that a change order or other amendment to the construction contract results in a cost savings, CITY and OFFSITE DEVELOPER shall execute an amendment to this Agreement to COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 3 of 12 reflect how the cost savings will be allocated between CITY and OFFSITE DEVELOPER 1. Completion of the Project. 1. Upon final completion of the Project, OFFSITE DEVELOPER shall fiunish to CITY written certification that the Project has been completed in accordance with the approved plans. Within fifteen {15) days after delivery of the certificate of completion, CITY shall either accept the same or provide a written itemization of those matters it reasonably finds to be non conforming with the approved plans, in which case OFFSITE DEVELOPER shall promptly cause the remediation of all non-conforming matters. 2. Upon completion of the Project, OFFSI:TE DEVELOPER shall deliver to CITY comprehensive as-built drawings for the Project in both a reproducible, printed format, on both mylar and in electronic files in AutoCAD format. 3. Upon completion of the Project, OFFSITE DEVELOPER shall complete all paperwork necessary to assign to CITY the contractor's one {1) year warranty of the work and materials on the Project. 4. Upon completion of the Project, OFFSITE DEVELOPER shall represent and warrant that the Project is free and clear of all liens and encumbrances not created by or with the written consent of CITY. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 4 of 12 • ! J. Reimbursement to OFFSITE DEVEL PER and Fee Pa ent from ONSITE DEVELOPER. 1. Estimated Total Reimbursement. Because OFFSITE DEVELOPER will construct the Project, CITY shall reimburse to OFFSITE DEVELOPER 100% of the cost allowed by City Code, with the total reimbursement to the OFFSITE DEVELOPER estimated at $519,989.00. 2. Method of Payment. To receive payment, OFFSITE DEVELOPER will provide CITY with a written invoice for Reimbursement. Upon receipt of such invoice, CITY will pay such invoice within thirty (30) days after receipt, provided that OFFSITE DEVELOPER is in compliance with all other terms and conditions of this Agreement, including, but not limited to, section J(3), below. 3. Reimbursement Payment. CITY shall make to OFFSIT'E DEVELOPER in one Reimbursement Payment. Adjustments based on actual costs incurred, where incurred pursuant to written change orders approved by CITY as set forth herein, will be allowed upon approval of such adjustments by City Council prior to OFFSITE DEVELOPER's request for the first Reimbursement Payment. CITY shall make the Reimbursement Payment upon (a) OFFSITE DEVELOPER's satisfactory completion of the construction of the sewer improvements; and (b) OFFSITE DEVELOPER' S submission to CITY proof of costs and CITY's approval of such proof as substantially conforming to the estimated costs in the proposal approved by City Council. The Reimbursement Payment shall be subject to submittal of a Letter of Credit to the City of Meridian in the amount of 10% of the total Project cost to secure the one year warranty as required of contractor in section E(8) of this Agreement. The Letter of Credit shall be released in full after a 1- year warranty period from the date of acceptance subject to any costs incurred by the City for rework or warranty issues during the 1-year warranty period. City shall notify OFFSITE DEVELOPER in writing of warranty issues or necessity for rework and OFFSITE DEVELOPER shall commence work within 30 days of written notice. If OFFSITE DEVELOPER fails or refuses to undertake warranty or rework within the timeframe noted, City may apply letter of credit to warranty work and account for funds disbursed. The letter of credit shall not be deemed a limitation of the OFFSITE DEVELOPER'S obligation to fully warranty the Project for the one yeaz period. 4. ONSITE DEVELOPER and CITY Responsibility for Costs. Because the ONSITE DEVELOPER has paid for the engineering, survey, and management of the oversized sanitary sewer improvements and would have constructed the oversized sanitary sewer improvements at a later date, as shown on Exhibit "B", at the request of CITY, it is mutually agreed that the cost of those sanitary sewer improvements will be shared as depicted in Exhibit "C", subject to actual cost verification and final approved plans. The ONSITE DEVELOPER shall provide a portion of the cost of the project, with payment to the CITY in accordance with section J(5), below. 5. FEE PAYMENT from ONSITE DEVELOPER to CITY. Because ONSITE DEVELOPER would have constructed the sanitary sewer system as shown on Exhibit "B", the ONSITE DEVELOPER shall pay to the CITY a portion of the cost, as allowed COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 5 of 12 by City Code, after a 2.5% addition for an administrative fee, with the FEE PAYMENT estimated at 169 397. K. Sanitary Sewer Lines oa ONSITE DEVELOPER'S Property. As a condition for CITY entering this Agreement, ONSITE DEVELOPER has or will request and submit to inspections by the Public Works Department and/or the Building Department of CITY whenever a building is to be connected to any and all portions of the Project constructed and installed on and/or within ONSITE DEVELOPER's property. L. Compliance with Laws. 1. In constructing and installing the Project on and/or within its property, ONSITE AND OFFSITE DEVELOPER, at its sole expense, shall comply with any and all laws, orders and regulations of Federal, State and local authorities and at their sole expense shall obtain any and all licenses or permits which maybe required for or in the course of the performance of this Agreement. 2. Upon connection to the City of Meridian sanitary sewer system, ONSITE AND OFFSITE DEVELOPER shall abide by all applicable CITY laws, rules and regulations pertaining to sanitary sewer systems. M. Indemnification and Insurance. ONSITE AND OFFSI:TE DEVELOPER (for purposes of this paragraph, "DEVELOPER'S shall each separately indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or property and losses and expenses caused or incurred by DEVELOPER, its servants, agents, employees, guests, and/or business invitees, and not caused by or arising out of torbious conduct of CITY or its employees. In addition, DEVELOPER shall maintain, and specifically agrees that it will maintain, until CITY accepts the Project as per Section I, liability insurance in which CITY shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of such insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY, and if CITY becomes liable for an amount in excess of the insurance limits herein provided, DEVELOPER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions and/or judgments for damages and/or liability to persons andfor property. DEVELOPER shall provide CITY with a certificate of insurance or other proof of insurance evidencing DEVELOPER'S compliance with the requirements of this pazagraph by filing such proof of insurance with the City Clerk. In the event the insurance minimums of the Idaho Tort Claims Act are changed, CITY shall notify DEVELOPER of such change, and DEVELOPER shall immediately submit proof of compliance with the changed limit. N. No Assignment. ONSITE AND OFFSITE DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 6 of 12 O. Remedies upon Default. 1. Default by ONSTTE OR OFFSITE DEVELOPER. In addition to such other remedies at law or in equity that CITY may have, in the event ONSITE OR OFFSITE DEVELOPER fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, CITY may withhold any reimbursement due to OFFSITE DEVELOPER hereunder until such default is corrected to the satisfaction of CITY. 2. Default by CITY. In the event CITY fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, ONSITE AND OFFSITE DEVELOPER shall be entitled to all remedies available at law or in equity. P. Attorney Fees. Should any party find it necessary to employ an attorney for representation in any action seeking enforcement of any provision of this Agreement, or to recover damages for breach of this Agreement, or to resolve any disagreement as to the interpretation of this Agreement, the unsuccessful party in any final judgment or award entered pursuant to such action shall reimburse the prevailing party for all reasonable costs, chazges and expenses, including attorneys' fees expended or incurred by the prevailing party in connection therewith and in connection with any appeal, and the same maybe included in such judgment or award. This provision shall be deemed to be a sepazate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. Q. Notices. Any notice desired by the parties and/or required by this Agreement shall be sent via United States Mail, registered or certified mail, postage prepaid, return receipt requested, and shall be addressed as follows: CITY: Meridian. City Engineer City of Meridian 200 E. Carlton, Suite # 101 Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 C)NSITE DEVELOPER: 'Tuscany Devel®pment, Inc 6223 N . ~~_ c®_~~ ~ ~ t ~~ ~~3~® ~~ 3713 C®~PE1tA1'ItTE COATS''T12.UC°TT®l~t AtdD RE URSEIVTEN'I' A(.aREEMEI~TT` - Pale 7 of 12 OFFSITE DEVELOPER: Shepherd's Creek, LLC ~~:. ~ `" Such notice shall be deemed delivered if and when delivery is accepted or three (3}days after deposit in the United States Mail. Either party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. R Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho and the ordinances of the City of Meridian. S. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. T. Entire Agreement. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to any other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. U. Definition of DEVELOPER'S Property. The term "DEVELOPER's Property" in the Agreement shall mean the parcels shown on Exhibit "A" attached hereto, and more specifically all of the property included in the Shepherd's Creek and Bearwood Subdivisions. V. Binding_Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by DEVELOPER of DEVELOPER'S Property. To assure that Onsite Developer's successors and assigns are awaze of the reimbursement obligation set forth in section J(5}, this Agreement or a Memorandum thereof shall be recorded against the Bearwood Subdivision in the land records of Ada County, Idaho. W. Reports and Information. At such times and in such forms as the CITY may require, OFFSITE DEVELOPER shall furnish to CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. X. Audits and Inspections. At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of OFFSITE DEVELOPER'S records with respect to all matters covered by this Agreement. OFFSITE DEVELOPER shall permit the CITY to audit, examine, and copy such records, and to make audits of all contracts, invoices, materials, payrolls, COOPERATIVE CONSTRUCTION AND REIIVIBURSEMENTRGREEMENT -Page 8 of 12 records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Y. 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. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. O1V~SITE DEVELOPER: Tuscany Development, Inc .C Rai Gnome e Name (print Sctra ~t Mr Title /~- ~~~. Signature ~~3/~0'~ Date OFFSITE DEVELOPER: Shepherd's Creek, LLC .: 4.-- ~•; ~ ~ f - _.._ _._ ~~~ ~-r . _ _ . _ Title ~~ Dat CITY: nw.~~. „~..- 4 .v-- ~ ...........a:.c~ ~ ' ,' T e 1?ERD, MAYOR Date y~= ~~~ Attest: ~ ~ ~` COOPERATIVE CONSTRUCTION AND REAZBURSEMENT AGREEMENT --Page 9 of 12 i ~~a WII,LIAM G. BERG, , CI CL~ 2ahd ®p /~~J6 ~3~ 'J ~~ COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT m--Page 10 of 12 STATE OF IDAHO ) )~ County of Ada ) On this _day of ~ 200 ~fore me the undersigned, a Notary Public in and for said S ~e, personally appeared C "or ~ known or identified to me to be the person whose name is subscribed to the withinmstrument, and acknowledged to me that he/she executed the same. IN WITNESS WH~~7! ~t~~,, , and year first abo~ en. a ~pT Alt p 4 t, ~~ ... • 0 ~s '••. a TB of 19.•,• ~,~. ~~t my hand and affixed my official seal the day ~,~ Fre ~- a ~ i F r r ~ - ---- ,_ Notary _'ub ~ ~ For I o Residing at. ` f ~ t r Commission Expues: _ F ~ ` _ _. . _- STATE OF IDAHO ss County of Ada ) On this _ day of _ ,2 o e e e undersigned, a Notary Public in and for said S e, personally appeared ,known or identified to me to be the person whose name is subscribed to within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offitcial seal the day and year first above written. COOPERATIVE CONSTRUCTION AND REIlVIDURSEMENT AGREEMENT ~- Page 11 of 12 STATE OF IDAHO ) ss County of Ada ) On this day of -- ~~ ,2007, before me the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, who executed the within instrument and acknowledged to me that they executed the same on behalf of the City of Meridian IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. r Notary Public For Idaho Residing at• Commission Expires: ~,~' COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 12 of 12 . ~:,4 ~; ~- y=~ <<. -_~ ~~~_ ~° ~~ ~ ~~ _. ~~ €:i ~~ ~~q ~~~; ~ ~~ w~ :; x ~~~ ~~~~I °~~ r a.errm yr :~7.'vr~' a-:.S o°'°6aa°~°m "' E wr..~~.• ••'""••^~' mi v,s aam ro ~~ L~iS 37111 ~ ~ ti ~Irl.y r/ ~~+~.•_•.•~^:•'"`•~r• ~~~+^~+~ awes ~rwru wamc+n _•••••4••- ~1R0/lI/ ID(1 ~ ^uro ~xca Yz rw~ t/~ a ~ b r .~M ".4~V~~r144N~.1.-'i QdQJtQ i>r Z ~~1d ATOI9IAIQ8f18 ~ H y ~° : @N/N~@Nl@11~ aooess~s ~ ~ ~ ~ ~~ y g -: _ _•ss>..y _ ~, 1~llOf1a19N09 ~ 03A02LddV 1QN R6 a6 ~6 ~6 B6 8® ~6 ® ~ ~ st .lgd ~gg_ •{ a [ ~ -._ ' ~~ ~ ~ ~~ ~' ~h ~ ~~ ~~~~ ~~ ~~~~~.~~~~~m~~m~~~~~~~ b b b b bbbbbbbbbbbbbbb ~ _ ° R F pRxl9l9A~Rbi~pAXttlt ,yt .t ~ ~ ~, g qg qg r r ~ ~ ag ~~ r-+ ~a w a~ Y a ~ ~ 8 0 ~ aaalO~~l '} ~ ~ I C ............. . . . bbbbbbbbb b b b b b b b b man veer oe a .: :! 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I -.. .._ __i 1 ; - _ ..- y ' ~ r ~~ ~ 4q 1 .... ~l~ ~ ~~ ~~ ~ A ~ ~, /~ _ ~~ ~~ / 4 W ,_ ~ ! ` / ~~ a ~ ~ 1 ',~ ' \ r .. f ... ~. : ~. ~ 1 ~ ~ ~ ~ `` ~ ~. ~ F17 `~ ~~:~i.; i ~j 1 ,. ___. ~k~ ~ ~// if '"1'=-~. ~ '_ ___... / ~ r 1 ~~~ °~ -- . - ~m~w~ e:3.Z'JC s.^ aws .y .y a7®~stlN/wolm taYtl iQ °n0 aaa°1 °~ 31i~OHd(NVId k9A13S 310 '~~ ~ ~ ~ Y ~y~n~rNe s OM 71/14 Oi~90Y 'Y YLI 8 w•«.r,,ZTn~.~~.w7~-„~ s7ea arem wren «~~~ °'Syi101111TD '~'a ~rtb '+x~i 'w wou~as L1 r ~ F ~ ~~ ~~aa+-omwv 4 w-a~ 81Y/U~~IIIQH~ i roa~es~s~ g ~ ~ ~ ~ • EXHIBIT °C" BLACK CAT TRUNK OVERSIZED SEWER OVERLAND TO CINDER (LINE A1) - 30° and 27" UNDER TO STODDARD (UNE B) - 27" TOTAL REIMBURSEABLE OR CITY ONSITE DEVELOPER CONSTRUCTION COSTS CONSTRUCTION COSTS CONSTRUCTION COSTS UNE Al $454,690 LINE Al $328,249 LINE Al $126,441 UNE B $519,989 LINE B $359,581 LINE B $160,408 TOTAL $974,678 TOTAL $687,830 TOTAL $288,849 ESMF =Engineering, Survey, Management, Fees LINE Al SOUTHRIDGE COSTS TO BE PAID IN FALL 2007 BY SOUTHRIDGE AND REIMBURSED FROM THE CITY OF MERIDIAN LUMP SUM UPON COMPLETION AND ACCEPTANCE Construction $454,690 By Soutiuidge ESMF $35,219 By Southridge Reimbursable Construction $328,249 Engineering $21,530 Surveying $3,840 Management $2,500 City Plan Review $2,803 City Inspection $2,248 ACRD Inspection $2,500 Reimbursable Subtotal $328,249 City Admin (2.5%) -$8,208 (2.5°~ of Reimbursable Construction Plus ESMF) REIMBURSE $320,Q43 AMOUNT TO BE PAID TO SOUTHRIDGE UPON COMPLETION UNE Al LINE B BEARWOOD COSTS TO BE PAID IN SEPIOCT 2007 BY SHEPHERD CREEK AND REIMBURSED FROM THE CITY OF MERIDIAN 100% UPON COMPLETION Construction $519,889 By Shepherd Creek ESMF $22,700 By 8earwood FEE TO BE PAID TO CITY BY BEARWOOD PRIOR TO SIGNATURE ON PHASE 1 FINAL PLAT Fee Developer Portion $180,408 Engineering -$9,500 Surveying -$4,800 Management -$2,500 City Plan Review -$2,100 City Inspection -$1,800 ACRD Inspection -$2,000 Fee Payment Subtotal $160,408 Ctty Admin (2.5%) $8,990 (2.5% of Reimbursable Construction) FEE PAYMENT $169,397 AMOUNT TO BE PAID BY BEARWOOD TO CITY PRIOR TO PHASE 1 LINE B FINAL PLAT SIGNATURE FOR LINE B CONSTRUCTION NET COST City of Meridian $670,634 64.9% $519,989 Shepherd Creek (Une B) Reimbursement (Sep/Oct 2007) $320,043 Plus Southridge (Une A) Reimbursement Payment (Dec 2007} -$169,397 Minus Beannrood (Une B) Fee Payment (Spring 2008) Includes $17,196 Admin Fee Southrldge $169,867 16.5% $454,690 Southridge (Line A) Constructlon Costs (Aug/Sep 2007) -$320,043 Minus Southridge (Une A) Reimbursement (Dec 2007) $35,219 Plus ESMF Bearwood $192,097 18.8% $169,397 Bearwood (Une B) Fee Payment (Spring 2008) $22,700 Pius ESMF GRAND TOTAL $1,032,598 100°h Prepared By: Matthew B. Schultz Firm: RMR Consulting, Inc. Date: August 21, 2007 • • I1~A,Ho SURVEY GRdUP Proj®ct No. 04 268 DESCRIPTION FOR BEARINOOD SUBDMSION N0.1 145Q EutVM~rgawer Sa s~>~ 150 i"Ierldtar,. Idaho w~. Phony (Z88) 84b•BS70 Rea ~!~ 884-5399 February 6, 2007 A parcel of land located in the NW114 of Section 24. T.3N., R.1W., B.M., Meridian, Ada County, Idaho more particularly described as follows: Commencing at a h"iron pin marking the NW rimer of said Ser~ion 24 from which a 5/8° iron pin marking the N 1/4 comer of said Set~ion 24 bears South 89°06'56" East, 2655.57 feet; thence along the West boundary sine of Bald Section 24 South 00°41'54° West, 542.39 feet the REAL. POINT OF BEQINNING; thence IeavPrtg said West boundary line South 52°41'34° East,103.40feet; ---thernc~e South~00°#•t'fr4'~e'st: s.55:90•feEeet;~"~--~-~ -• •- -- thence South 24°23'34° East, 147.57 feet; thence South 64°35'07° East, 676.32 f®et; thence South 65°27'49° East, 22.84 feet; thence South 69°44'56° East, 88.55 feat; thence South 75°13'58° East. 53.88 feet; thence South 77'°18'34" East. 279.27 feet; thence North 78°26'22° East. 43.88 feet; thence North 65°58'23° East,102.27 f~~ thence South 00°46'S1° West, 277.15 feet; thence South 30°3T41 ° Eas#, 510.19 feet to the beginning of a curve to the left; thence along said curve 42.84 feet, said curve having a radius of 970.00 feet, a central angle of 2°31'07° and a tong chord of 42.64 feet which bear's South 31°53'15° East: • • thence South 56°51 `12° West, 54.00 feet; thence South 59°22'19° West, 141.00 feet; thence South 64°03'28° West, 193.2'1 feet; thence North 55°29'52" West, 158.71 feet; thence North 47°29'48° West, 88.00 feed thence North 40°18'18° West. 28.95 feet; thence North 28°13'29° West, 53.10 feet; thence North 17°35'07 West, 53.10 feet; thence North 05°45'42° West, 53.10 feet; thence North 04°52'08° East, 25.14 feet; thence North 12°19'59° Eas#. 84.05 fleet; thence North 35°38'37" Wesfi,111.43 feet; thence North 44°58'33° West, 45.00 feet; thence North 83°20'59° West, 45.00 feet; thence North 73°44'39° West,117.09feet; thence North 60°18'17 West, 50.00 feet to the beglnning of anon-tangent curve to the left; thence along Bald curve 29.67 feet, said curve havir~ a radius of 275.00 feet, a central angle of OS°10'52° and a long chord of 29.65 feet which bears North 26°36'17° East; thence North 65°23'03° Wast,119.79 feet: thence South 38°39'26" West, 90.00 feet; thence South 48°11'54° West, 490.48 feet; thence North 41°48'06" West, 20.Q0 feet; thence South 56°41'54° West, 167.49 feet; thence North 89°18'06° West, 83.00 feet to a point on the West boundary line of said SecBon 24; i ~ t~erfdian City Council August 21, 2007 Page 11 of 64 Bird: That would -- I would include that in my motion that if there is some other negotiation between the two panes, that that's done and that we sign -- the city, the Mayor, and Clerk sign after the developer has signed after that has been taken care of. De Weerd: Does second agree? Borton: Second agrees. De Weerd: Okay. Zaremba: Madam Mayor, further discussion? De Weerd: Discussion. Zaremba: Somebody made the suggestion that we also need to specify that the contract be awarded to Brown Construction. Is that part of this motion or something separate? Bird: He's working for them, he's not working for us. Zaremba: Okay. All right. De Weerd: I'd rather work for us. Matt, that wasn't a slight. Okay. Any further discussion? Rountree: I have none. De Weerd: Okay. Mr. Berg, will you, please, ca11 roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. The second agreement? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I'd move we approve the cooperative construction reimbursement agreement for 27 inch sanitary sewer trunk line, Linder Road to Stoddard Road, between the City of Meridian, Idaho, and off-site developer of Shepherd's Creek, LLC, and on-site developer of Tuscany Development, Incorporated, and for the Mayor to sign and the Clerk to attest after the developers have signed and upon negotiation of the minor points that's left that might need to be done. Rountree: Second. ` ADA COUNTY RECORDER ID NAYARRO AMOUNT .00 5b BOISE IDAHO 09!21106 01: RECO DED c REnUEST OF II I I I II II I II I I III I I I II I II II I I II I I I III City of Meridian 1 ~~ 1 S i ~3~ DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Tuscany Development, Developer 3. Tuscany Development, Owner 4. Kenai Partners, LLC, Owner 5. R Craig and Rebecca Groves Foundation, Owner THIS DEVELOPMENT AGREEMENT (this "Agreement', is made and entered into this t4~` day of 2006, by and between City of Meridian, a municipal corporation of the State d~ daho, hereafter called "CITY", Tuscany Development, whose address is PO Box 344, Meridian, ID $3642, hereinafter called "DEVELOPER", and Tuscany Development, whose address is PO Box 344, Meridian, ID $3642; Kenai Partners, LLC whose address is 6233 N. Discovery Way, Boise, ID $3713; R. Craig and Rebecca Groves Foundation, whose address is 6233 N. Discovery Way, Boise, ID $3713, hereinafter called "OWNERS". 1. RECITALS: 1.1 WHEREAS, "Owners" are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-651 lA, Idaho Cade, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Developer" and/or "Owners" make a written commitment concerting the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Unified Development Code 11-SB-3.D2, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Developer"has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested adesignation of (R-$) Medium Density Residential District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer"and/or "Owners" made representations at the public hearings both before the Meridian Planning & Zoning DEVELOPMENT AGREEMENT (AZ OS-064) BEAR CREEK WEST SUBDMSION PAGE 1 OF 13 Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Pl riming & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 25a' day of April, 2006, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit $, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Developer"and/or "Owners" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" and/or "OWNERS" deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, "City>' requires the "Developer"and/or "Owners" to enter into a development agreement for the purpose of ensuring that the "Propert}~' is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: DEVELOPMENT AGREEMENT (AZ OS-064) BEAR CREEK WEST SUBDMSION 1~Al~F ~ f1F 1~ • 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a parry to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Tuscany Development ,whose address is PO Box 344, Meridian, Idaho 83642, the party developing said "Property" and shall include any subsequent developer(s) of the "Property". 3.3 "OWNERS": means and refers to Tuscany Development, whose address is PQ Box 344, Meridian, ID 83642; Kenai Partners, LLC whose address is 6233 N. Discovery Way, Boise, ID 83713; Richard C. and Rebecca Groves, whose address is 6233 N. Discovery Way, Boise, ID 83713,the parties that owns said "Property" and shall include any subsequent owner(s) of the "Property". 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-8 (Medium Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY TffiS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Unified Development Code which are herein specified as follows: Construction and development of a Certificate ofZonfng Compliance shall be submitted to the City of Meridian prior to a future development in the R-8 zone, and the pertinentprovisions of the City of Meridian Comprehensive Plan are applicable to this AZ OS-064 application. DEVELOPMENT AGREEMENT (AZ OS-064) BEAR CREEK WEST SUBDMSIQN PACF. ~ nF 13 • 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. S. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. "Developer" and/or "Owners" shall develop the "Property" in accordance with the following special conditions: 5.1.1. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 5.1.2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 5.1.3. That the applicant be responsible for all costs associated with the sewer and water service extension. 5.1.4. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5.1.5. That prior to the issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 5.1.6 That five-foot wide sidewalks and street buffers constructed in accordance with City Code, be installed along S. Stoddard Road and W. Kodiak Drive with each phase, prior to occupancy of any new dwelling units for said phase. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer" and/or "Owners" or "Developers"' andlor "Owners"'heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of DEVELOPMENT AGREEMENT (AZ OS-064) BEAR CREEK WEST SUBDIVISION D A RF A r1F 71 Subject Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code § 67-65Q9, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" and/or "Owners" consents upon default to the reversal of the coning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and/or "Owners and if the "Developer" and/or "Owners" fails to cure such failure within six (6~ months of such notice. 8. INSPECTION: "Developer" and/or "Owners" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Developer" and/or "Owners", or "Developer's" and/or "Owners"' heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Developer" and/or "Owners" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer's" and/or "Owners"' cost, and submit proof of such recording to "Developer" and/or "Owners", prior to the third reading of the Meridian Zoning Ordinance in connection DEVELOPMENT AGREEMENT (AZ OS-064) BEAR CREEK wEST SUBDMSION par,F5nF~3 with the re-zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: 'T'his Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer" and/or "Owners", or by any successor or successors in title or by the assigns of the patties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" and/or "Owners" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching patty's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure maybe extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer" and/or "Owners" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §12-5-3, to insure that installation ofthe improvements, which the "Developer" and/or "Owner" agree to provide, if required by the "City". DEVELOPMENT AGREEMENT (AZ OS-064) BEAR CREEK WEST SUBDMSION PAGY; 6 OF 13 ~ ~ 14. CERTIFICATE OF OCCUPANCY: The "Developer" and/or "Owners" agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer"and/or "Owners" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer" and/or "Owners" agree to abide by all ordinances of the City of Meridian and the "Properly" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Tuscany Development PO Box 344 Meridian, ID 83642 OWNERS: Tuscany Development PO BOX 344 Meridian, ID 83642 Kenai Partners, LLC 6223 N. Discovery Way Boise, ID 83713 R. Craig and Rebecca Groves Foundation 6223 N. Discovery Way Boise, ID 83713 with copy to: DEVELOPMENT AGREEMENT (AZ 0~-064) BEAR CREEK WEST SUBDIVISION PAGE 7 OF 13 City Clerk City of Meridian 33 E, Idaho Avenue Meridian, TD 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. 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 tunely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Developer" and/or "owners" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer" and/or "Owners", to execute appropriate and recordable evidence of termination of this Agreement if "City"; in its sole and reasonable discretion, had determined that "Developer" and/or "Owners" has fully performed its obligations under this Agreement. 20. IlWALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. DEVELOPMENT AGREEMENT (AZ 05-064) BEAR CREEK WEST SU$DMSION PAGE 8 OF 13 • 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and/or "Owners" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer" and/or "Owners" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City", 21.1 No condition governing the usesand/or conditions governing re-zoning ofthe subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER: TUSCANY DEVELOPMENT OWNERS: TUSCANY DEVELOPMENT DEVELOPMENT AGREEMENT (AZ QS-Ob4) BEAR CREEK WEST SUBDIVISION PAGE 9 OF 13 • KENAIPARTNERS,LLC c~~s,'hf R. CRAIG & REBECCA GROVES FOUNDATION CITY OF MERIDIAN BY: MAYOR T de WEERl7 r Attest: ~ ~ O ITY CLERK ~ ~' ~~, ~~,.~ ~,~ '''f ~ ~ ; ' `"~ ~ 'f' r 9~~ . ~; rf : .~. '~%~rh,~„ ta'~~`~`~~~ DEVELOPMENT AGREEMENT (AZ 05-064) BEAR CREEK WEST SUBDMSION PAGE 10 OF 13 • STATE OF IDAHO, ) ss County of Ada, ) On this ~ day of ~` 2006, before me, the undersigned, a N tart' Public in and for said State, personally appeared ~o ~, r ,n known or identified to me to be the of Tuscany Development , acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS ~I~REOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .•°°'•Py' aON~2~~'• ~~~,R.Y ~ '~ ~ ~ ; y~V O ~ ~ PPPi+ •••Nf•~•••• i ~~, STATE OF IDAHO, ) ss County of Ada, ) No Public for Idaho Residing at: a ri ~a •. ~~ My Commission Expires: 5' ,3c~ On this ~ day of s 2006, before me, the undersigned, a tart' Public in and for said State, personally appeared e ~ .s known or identified to me to be the ~~+~ s: d ..~ of Tuscany Development , acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WI~REOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written, .. __~«~~ •, .• + ~ ..~ G No Public for Idaho ~ PU"a~'~ . © Residing at: E'ii t~ r r .. ~.~ • %, '••.N•N..• ~~- ~.•` My Commission Expires: ~ 30 ~''•..T'I TE Og 1.°°'~ DEVELOPMENT AGREEMENT (AZ d5-064) BEAR CREEK WEST SUBDMSION . PAGE 11 OF 13 • STATE OF IDAHO, ) ss County of Ada, ) On this ~ day of s 2006, before me, the un ersigned, a Notary Public in and fo said State, personally appeared Y•.s known or identified to me to be the ' r s 7r1 P ~~a,.- of Kenai Partners, LLC, acknowledged to me that he executed a sa eon behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. y ~a or~~z ~~ o'~~Y .~r'~` , ~"ly~ pD .~'.t~' o~''DC s~'A TB ~~~4•', STATE OF IDAHO, } No Public for Idaho Residing at: ~ ~~ My Commissi Expires: $~ ~ ~ ss County of Ada, ) On this ~ day of 2006, before me, the undersigned, a Notary Public in and for said State, orally appeared Sandra L. Berenter, known or identified to me to be the Trustee of R. Craig and Rebecca Groves Foundation, acknowledged to me that he executed the same on behalf of said foundation. 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+' r 'J, 4~p0 ~ .7y st ~~bg4p r4~® ~ ~~ (SEAL} ~ ~''~- ~~ to ~~ ~ , ~ • 4 '~ Kv ° K~ ~ ~ u N~ tary Public fo: ~ ~ ~ ~ ~ ~ o ~ "~., t"'1~ ~' '4~t' ~~',.~ o O 4~ ; Residing at: L My Commission ., iii ~ 7 ~~ DEVELOPMENT AGREEMENT (AZ OS-064) BEAR CREEK WEST SUBDMSION /~ PAGE 12 OF 13 STATE OF IDAHO ) ss County of Ada ) • On this~_ day of ~rrr~Icf~ , 2006, before me, a Notary Public, personally appeared Tammy de Weerd d William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~,g.A bt..4; '~•1io r,,~~ No ary Public for Idaho Residing at: C~lti ~~ ~ , ~ p Commission expires: 1 Owl 1-l J DEVELOPMENT AGREEMENT (AZ OS-064) BEAR CREEK WEST SUBDMSION PAGE 13 OF 13 IDAHO SURVEY GROU Project No. 04-268 DESCRIPTION FOR • 1450 East Watertower SL Suite 150 Meridian, Idaho 83642 Phone {208) 846-8570 Fax (208) 8845399 July 6, 2006 ANNEXATION FEAR CREEK WEST SUBDIVISION A parcel of land located in the W 1/2 of Section 24, T.3N., R.1 W., B.M., Ada County, Idaho more particularly described as follows: Commencing at an aluminum cap monument mazking the C 1 /4 corner of said Section 24 from which a S/8" iron pin marking the N 1/4 corner of said Section 24 bears North 00°S1'S3" East, 2634.95 feet; thence along the North-South centerline of said Section 24 South 00°51'S3" West, 170.09 feet to a 5/8" iron pin marking the REAL POINT OF BEGINNING; thence continuing along said North-South centerline South 00°S1'S3" West, 827.30 feet to a S/8" iron pin; thence leaving said North-South centerline North 89°24'3b" West, 661.27 feet to a S/8" iron pin on the East boundary line of the W 1/2 of the NE 1/4 of the SW 1/4 of said Section 24; thence along said East boundary line South 00°49'26" West, 331.4G feet to a S/8" iron pin on the South boundary line of the W 1/2 o£the NE 1/4 of the SW 1/4 of said Section 24; thence along said South boundary line North $9°21'42" West, S 18.26 feet to a point on the northerly boundary line of Eggers Subdivision as filed in Book 29 of Plats at Page 1804, records of Ada, County, Idaho, said point also being on the centerline of the Ridenbaugh Canal and on a curve to the left; thence along said northerly boundary line and said centerline the following 14 courses: along said curve 295.77 feet, said curve having a radius of 250.00 feet, a central angle of 67°47'06" and a long chord of 278.82 feet which bears North 29°54'34" West to a point of compound curve; thence along said compound curve 287.11 feet, said curve having a radius of 740.00 feet, a central angle of 23°30'00" and a long chord of 285.10 feet which bears North 75°33'07" West to the paint of tangency; thence North 87°18'07" West, 76.22 feet to the beginning of a curve to the right; Professional Land Surveyors s ~ thence along said curve 100.36 feet, said curve having a radius of 250.00 feet, a central angle of 23°00'00" and a long chord of 99.68 feet which bears North 75°4$'07" West to the point of tangency; thence North 64°18'07" West, 164.62 feet; thence North 53°38'07" West, 183.05 feet to the beginning of a curve to the left; thence along said curve 104.72 feet, said curve having a radius of 225.00 feet, a central angle of 26°40'00" and a long chord of 103.78 feet which bears North 66°88'07" West to a point of compound curve; thence along said compound curve 128.72 feet, said curve having a radius of 125.00 feet, a central angle of 59°00'00" and a long chord of 123.11 feet which bears South 70°11'53" West to the point of tangency; thence South 40°41'53" West. 127.21 feet to the beginning of a curve to the right; thence along said curve 98.03 feet, said curve having a radius of 50.00 feet, a central angle of 112°20'00" and a long chord of 83.07 feet which bears North 83°08'07" West to a point of compound curve; thence along said compound curve 99.48 feet, said curve having a radius of 300.00 feet, a central angle of 19°00'00" and a long chord of 99.03 feet which bears North 17°28'07" West to the point of tangency; thence North 07°58'07" West, 234.45 feet to the beginning of a curve to the left; thence along said curve 32.34 feet, said curve having a radius of 250.00 feet, a central angle of 07°24'45" and a long chord of 32.32 feet which bears North 11°40'30" West; thence North 89°18'07" West, 126.06 feet to a point on the West boundary line of said Section 24; thence along said West boundary line North 00°41'83" East, 548.41 feet to a 5/8" iron pin marking the W 1/4 corner of said Section 24; thence continuing along said West boundary line North 00°41'54" East, 2108.21 feet to a 5/8" iron pin; thence leaving said West boundary line South 52°41'34" East, 201.43 feet to a 5/8" iron pin; thence South 69° 16'34" East, 277.88 feet to a S/8" iron pin; thence South 64°55'34" East, 315.97 feet to a 5/8" imn pin; ! • thence South 60°34'34" East, 351.89 feet to a 5/8" iron pin; thence South 77°18'34" East, 313.83 feet to a 5/8" iron pin on the North-South centerline of the NW 1/4 of said Section 24; thence along said North-South centerline South 00°46'51" West, 789.08 feet to a 5/8" iron pin; thence leaving said North-South centerline South 30°37'41" East, 510.19 feet to a 5/8" iron pin mazking the beginning of a curve to the left; thence along said curve 990.51 feet, said curve having a radius of 970.00 feet, a central angle of 58°30'26" and a long chord of 948.03 feet which bears South 59°52'54" East to a 5/8" iron pin marking the point of tangency; thence South 89°08'07" East, 231.37 feet to the REAL POINT OF BEGINNING containing 117.47 acres, more or less. ~Rnvad . 4, ; Prepared By: Idaho Surv~ P.C. Gregory G. Cazter, PLS t~ ~nRKS ~EpT1G J RECEIVED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF I.,Aw AND DECISION & ORDER ~X o ~ ~s ci ~~ C~r~~~rW ~; ~~ .~ In the Matter of Annexation and Zoning of 116.81 acres from RUT to R-8 (Medium Density Residential) AND Preliminary Plat Approval for 321 single family residential lots and 34 common lots on 116.$1 acres by Tuscany Development Case No(s). AZ-OS-064, PP-05-064 Far the City Council Hearing Date of: Aprll 4, 2006 (approved on Apn1 x5, 2006) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of Apri14, 2006 incozporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of Apri14, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of Apri14, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of Apri14, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes juliicial notice of its Unified Development Code , codified at Title i l Meridian City Code, and all current zoning maps thereof The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. T1ae conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. C1TY OF N(ERiDiAN IlINDINQS OF FACT, CONCI.USiONS OF LAW AND DEC1S10N & ORDER CASE NO(S). AZ-05064 ead PP-05-064- PAGE 1 of 4 4. Due consideration has been given to the comment(s) received tom the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayer and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Worms Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached StaffReport for the heating date of Apri14, 20U6 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe applir~tion. C. Decision and Order Pursuant to the City Council's authority as provided is Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which ate herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidencxd by having submitted the Preliminary Plat Subaaitted and REVISED ~~, A=,~$, 2006 is hereby conditionally approved; 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the heating date of Apri14, 2Q06 incorporated by reference; and, 3. The following modifications to site specific conditions were made at the City Council hearing: a. These r of to 112 and 113.81,qu~k 5. at are currently encytmbered b~v D. Notice of Applicable Time Limier Notice of Twelve (12) Month Prelinninary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applic~t fails to record. a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in sucxessive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive itrtetvals of eighteen (18}months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- CITY OF MERialAN F1NDiN(3S OF FACT, CONCLUSIONS OF LAW AND bECISION & ORDER CASE NO(S). AZ-05-064 and PP-0S-064- PAQE 2 of 4 i 7.A, the Director may authorize a suagle extension of time to record the final plat not to exceed eighteen (1$) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Duector or City Council may re+~uire the preliminary plat, wmbined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Tide 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go tbroug~ the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notiSed that pursuant to Idaho Cade 67-8003, a denial of a plat or conditional use permit entitles the C?wnex to request a regulatory taking analysis. Such request must be in Writing, and must be filed with the City Clerk net more than tw~ty-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 maybe filed. 2. Please take nodes that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Cade § 67-6521 an afFectexl person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Cade. F. Attached: Staff Report far the hearing date of Apri14, 2006 CITY OF MERIDIAN FIIVDWGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-0S-064 and PP-05-0b4- PAGB 3 of 4 • By action of the City Council at itg regular meeting held on the ~ day of 2006. COUNCIL MEMBER SHAUN WARDLE VOTED_~~~~ COUNCIL MEMBER JOE GORTON VOTED_~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ I~~ COUNCIL MEMBER KEITH BIItD VOTED_ ~~~~'' TIE BREAKER MAYOR TAMMY de WEERD VOTED '"~ de W)rERD ATTEST: ;,°`~~`C'~~'~~, ~'~~~',~ ~~ ' r ~~.. -;. ~...~Y.: LIAM G. BERG, JR., ,~ ''ti ~ ;. Copy served upon: ~ Applicant ~`''rr~r~~ t= ;,.}:,.,+~' ..^ /~', Planning Departrnent ~./ lic Works Department City Attorney By: Dated: ~ Q-~ City ark's O ce CITY OF 1V(IrRIDiAN FiNDiNGS OF FACE, CONCLUSIONS OF LAW AND DECISION & ORriER CASE NO(S). AZ-05-064 and PP-0S-064- PACE 4 of 4 • e.. •- CITY OF MERIDIAN PI.ANNIAIQ DEPARTMENT STAFF REPORT FOR THE HEARlNO DAT& OF APRII. 4, 2006 STAFF RTPORT City Council Hearing ~ ~r~ . ~~ . Hearing Date: 4/4/2006 (approved 425-06) ~J7~~~ ~ ~~ TO: Mayor and City Council ` to wa FROM: Josh Wilson, Associate City Planner ~ SUBJECT: Bear Crt~k West Subdivision • AZ-05-064 Ann cation and Zoning of 116.81 acres from RUT and Rl to R 8 zone • PP-OS-064 Preliminary Plat of 320 single family building lots and 34 common lots on 116.81 acres in a proposed R-8 zone • VAR-05-026 Variance to eocceed the maximum block length for Hear Creek West Subdivision 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Tuscany Development, has applied for Annexation and Zoning (AZ) of 116.81 acres fis~ RUT and Rl (Ada County) to R 8(Medium--Density Residential) and Preliminary Plat approval of 320 single family residential tots and 34 common lots. The site is located west of Stoddard Road, east of Lmder Road, and south of Overland Road, This sift currently ao~ains vacant land. 2. SIlNIIVIARY RECOIti~VIENDATION: The Meridian Planning and Zoning Commission heard the item on January 19 and February 16, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor. Becky McKay ii. In opposition: None, iii. Commenting: Don Weber, Neil Bowl, Chuck Rough, James Prather, Allen Bradshaw, Jan Young iv. Staffpresentimg application: Josh Wilson v. Other staff comatenting on application; Mike Cole b. Key Issues of Dls¢nssion by Commission: i. Lot sizes on perimeter of subdivision ii. Impact of subdivision on e~sting church to the north and vice versa c. Key Commission Changes to Staff Recommendation: i. Delete Condition 3.2 ii. Modify Condition 1.3.6 to reference the Ridenbaugh Canal iii. Incorporate changes firm the January 19, 2006 email from Becky McKay to Don Weber ~iJQTE' The a,,,p~lic~nt has submitted a revised inar~r~lat dated March 2.2006 whit lies with these rrh~l: 1. Move Elias Drive south 10 feet and increase the depth of the lots adjoining the church facility to 150 and 155 fat in depth. Z. Adjust lot lines to reduce the number of lots that adjoin the church parcel from three to two. Bear Cheek West Subdivision AZ-OS-064, PP-OS-064, VAR OS-026 PAGE 1 .. _ ..... CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARW(3 DATE OF APRIL 4, 2006 3. The two lots adjoining the church property will be rectiricted to single story homes. 4. A two foot berm with a six foot sight obscuring fence will be installed slang the north boundary of the Bear Creek Nest property. 5. The developer will install a landscape buffer on the north side of the two lots which adjoin the church facility. 6. The developer shall disclose in purchase agreements for lots which adjoin tb~e church facility that outdoor activities take place at the church. These activities are approvedandpre-existing, and should in no way be considered a nuisance. This language shall also be included in the covenants of the subdivision. d. Outstanding Issne(s) for City Gonncil: i. Block Length Variance: Staff is recommending approval of the subject Variance application (VAR-05-02b~ for the reasons listed herein. We find that the application meets all of the findings required in the UDC in order for the City Council to grant a variance (see analysis below and Exhibit D). 3. PROPOSED MOTIONS Approve (AU Applications) I move to approve File Numbers AZ-05-064, PP-05-064, and VAR-05-024 as presented in the staff report for the hearing date of Apri14, 2006, and the prelimiAary plat dated Ma~-3, ~p>~,2006 with the following modifications to the conditions of approval: (add say proposed modifications}. Deny (AIl Applications) I move to deny File Numbers AZ-05-064, PP-0S-064, and VAR-05-026 as presented in the staff report for the hearing date of Apri14, 2006, and the preliminary plat dated ~, Aw~il 15.. 2006 for the following reasons: (yvu must state specific reasons for denial), Conthzue (AU Applications) I move to continue the public hearing for File Numbs AZ-05-064, PP-05-064, and VAR-05-026 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Addreas/I.ocation: West of S. Stoddard Road, east of S. Linder Road, and south of W. Overland Road Wl/2, Section 24, T3N R1W b. Owners: 1. Tuscany Development P.O. l3ox 344 Meridian, Idaho 83642 2. Kenai Partners, LLC 6223 N. Discovery Way Boise, ID 83713 3. Richard C. and Rebecca Groves Bear Creels West Subdivision AZ-OS~o64, PP-OS-064, VAR-0S-026 PAQE 2 C1TY OF MERIDIAN PLANNING DF~'ARTMENT STAFF REPORT POR THE HEARING DATE Ol; APRIL 4, 2006 6223 N. Discovery ~Vay Noise, ID $3713 4. Nick and Zhana Hansen P.O. Box 140838 Boise, ID 83714 c. Applicant: Tuscany Development P.O. Box 344 Meridian, Idaho 83642 d. Repr~esntative: Becky McKay, Engineering Solutions, LLP e. Present Zoning: RUT and Rl f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: 1. Date of REVISED Preliminary Plat (attached as Exhibit Al ): Mare1~886 ~r 1 2. Date of Lands~pe Plan (attached as Exhibit A2): November 11, 2005 h. Applicant's Statemenddustiftcation (reference submittal material): "It is in the beat interest of the City that the property be annexed to the City of Meridian with a zoning of R 8. The project will provide a diversity of housing and lot sizes. The proposed overall net density (3.52) of the project complies with the City's designation of Medium Density Residential, which calls for 3-8 units per acre. The project offers a variety of lot sizes within the development and construction of a portion of the City of Meridian's multi use pathway system. The project also offers amenities for the neighborhood while still providing an urban density development." S. PROCESS FACTS a. The subject application wt71 in fact constitute an annexation and/or rezone as determined by Gity Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a public hearing is required before the City Council on this matter. b. The subject applicsrtion will in fact constitute a prelimiinary plat as determined by City Ordinance. By reason of the provisions of the Merldiaa City Code Title 12 Chapter 3, a public hearing is required before the City Council on this matter. e. Newspaper notifications published an: March 13 and 27, 2006 d. Radius notices mailed to pmperties within 300 feet on: March 10, 200b e. Applicant posted notice on site by: March 25, 2006 6. LAND USE a. Existing Land Uses): Vaca~at land and a rural residence b. Description of Character of Surrounding Area: Mostly agricultural land with some rural residences and the existing Bear Creek Subdivision to the east. c. Adjacent Laud Use and Zoning Bear Creek Went Subdivision AZ-05-064, PP-05064, VAR-05-026 PAOE3 w._.. • C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINt3 DATE OF APRIL 4, 2006 1. North: Existing rural residences and agncultural land, zoned RUT and Rl (Ada County) aad R-8. 2, East: Existing residences in Bear Creek Subdivision, zoned R-4 and a fugue middle school site, zoned RUT (Ada County). 3. South: Existing rural residences in Eggers, Model Farm Acres, and Pebble Lane Estates Subdivisions, zoned Rl (Ada County). 4. West: Rural residences in Ariel Estates Subdivision, zoned Rl (Ada County) and agricultural land, zoned RUT (Ada County). d. History of Previous Actions: None. . e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Cuaentiy not servic~ble. Will sewer in the future to tha Black Cat Trunk. Location of water. Thera is water in S. Stoddard. Issues or concerns: Tl~e need for a second water feed. Not currently serviceable by the City of Meridian's sewer system. 2. Vegetation: None. '~. Flood plain: NA 4. Canala/Ditches Irrigation: The property is bounded on the south by the Ridenbaugh Canal. 5. Hazards: None. b. Proposed Zoning: R-8 7. Sire of Property: 116.81 acres f. Subdivision Plat Information 1. Residential Lots: 320 2. Non-residential Lots: 1 3. Total Building Lots: 321 4. Common Lots: 34 S. Other Lots: N/A 6. Total Lots: 354 7. Open Lots: 34 8. Residential Area: 116.81 9. Qroas Density: 2.74 units per acre g. Landscaping 1. Width of street buffo(s): A 25-foot wide street buffer is required along Linder Road which is an arterial street. and a 20-foot wide street buffer is required along Stoddard Road, which is an urban collector ([JDC 11-2A 5). The applicant is proposing a 35- foot wide landscape buffer along Linder Road and a 30-foot wide landscape buffer Beat Creek wet Subdivision AZ-05.064, PP-OS-064, VAR-05.026 PAGE 4 • --:' CITY OP MERIDIAAf PI.ANN1Nt3 DEPARTMENT STAFF REPORT FOA THE HEARING DATE OF APRII. 4, 2~6 alaseg Stoddard Road Road. Staff is generally supportive of the street buffet widths proposed, however a ex~' 'ng home ~L~d,~ g that {s to remain must t,~ access froxg~ ate withun the subdivlgiQn and a 25 food, buffer must be ~rr~i ed alot~g~inder Road adiacent to the home Street buffers are not required on any of the internal, local streets. The applicant is proposing to provide a 20-foot street buffisr on W. YCodiak Drive, which is consistent with a collector roadway. Staff is supportive of the proposed street section design. 2. Width of buffers} between land uses: NIA 3. Percentage of site as open space: 16.38 acres/14% (including street buffers) and 12A5 acres/10.3°1° (e~ccluding arrest buffers). 4. Other landscaping standards: Landscaping adjacent to iuiaro-paths should comply with UDC l I-3$-12. Gammon open space lots should include at leant one deciduous shade tree per 8,000 square feet (fJDC 11.3G-3E2). h. Proposed and Required Non-Residential Setbacks: per the R-8 zone for detached single family R-8 Standard Front (Living area) 15 fret Front (Garage) 20 feet Side 4 feet Rest 12 feet Max. Building Height 35 feet Min, Lot Size 5,000 square feet Min. Street Frontage 50 feet i. Suantnary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development will be from Kodiak Drive, with one access point to S. Linder Road and one acaeas point to S. Stoddard Road. The existing access ~ Linder Road must be eliminated. Please see ACHD report and discussion below for details. 7. CO&1~iT5 MEETING On December 30, 2005 Planning Staff held an agency comments meeting. The agencies and depaYtments present include: Meridian Fire Department, Meridian Police Depattnaent, Meridian Parka Department, Meridian Public Works bepartment, and the Sanitary Services Company. Staff has includes ail comments and recommended actions as Conditions of Approval in the attached Exhibit B. S. COMPREHENSIVE PLAN POLICIES A1VD GOALS This property is deaigaated "Medium Demgity Residential" on the Comprehensivr Plan Future baud Use Map. Medium density residential at~eas err anticipated to contain firom three to eight dwellings per acre (see Page 95 of the Comprehensive Place) The proposed Preliminary Plat inchtd~ 320 single-family cats on 116.81 acres for a gross density of 2.74 dwelling unita/acre. ,~s allo~t-ed by Note #2 on the face of the ,L~a ¢ Use Mac. the a,,,pplicant is requesttn~p dawn in density and zonine drsianation. fmtn. medium, to low. A Coma~tekeensive ~,~ I4?p,~amendnm~c ~ is no required for the Citv tQ nrocesa _the arzulicatrt'a rea~st for thr R~~or a nronerty desimoated fss~N[~.uatDensity Residential use. Staff finds that the followistg Comprehensive Plan policies apply to this application: Chapter VII, Goal III, Objective A, Action 1 -Require that development pmj~ leave planned for the provision of all public services. Beer Crcelc West Subdivision AZr05-064, PP-05-064, VAR-OS-026 PAGE 5 ~ - CITY OF TMERIDIAN PLANNING DEPARTMENT STAFF RSFORfi FOR THE HEARINg DATE OF APRIL 4, 2008 When the C1ty established Pts Area of City Impact, it planned to provide City services to the subject property. The City of McNdlan plans to provide municipal services to the Bands proposed to be annexed in the following maniner.• • Sanitary sewer and water service will be extended to the project at the developer's expense: The subject la-uis currently lie within the f wdsdtction of the Meridian Rural F1re District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Deparbnent • The subject lands currently lie wdthin the jurisdiction of the Ada Gounty Sheriffs pf~ce. Once annexed the lands will be serviced by the Meridian Police Department (Ml°D). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACKD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • TTze subject lands are currently serviced by the Meridian Library District: This service will not change and the Meridian Library District should su,;~'er no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department the Meridian Wastewater Department, the Meridian Planning Deiparunens, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal II, Objective A, Action 3 -Consider "Accommodating Bicycle and pedestrian Travel: A Re~utended Approach" from the National Center for Bicycling and Wa11s~t$ in all land wse decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a mariner that is st}~e, accessible and convenient. Str~''believes that the subject applications comply with the policies listed in the literature noted above. • Chapter VII, Goal I, Objective D, Action 9 -Require nevv residential development to provide permanent perimeter fencing to contain construction debris an site and prevent windbloam debris from entarin$ adjacent agricultural and other properties. A six foot tall closed fence has been proposed around the entire perimeter of the development. Prior to house eonstruction, fencing should be constructed around the perimeter of this site. • Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. Stt{/}'is supportive oj'the proposed pedestrian cormections to adjacent properties and along the Ridenbaugh Canal. • Chapter VII, Goal IV, Objective C, Action 6 - Requ+r~s pedestrian access in all new development to link subdivisions together and promote neig]~borhood connectivity. Bear Creek West Subdivision AZ-05.084, PP-US-064, VAR~S-026 PAGE 6 CITY OF MERIDIAN PI.ANNIAifi DEPAR'rYMtENT STAFF REPORT FOR THE HEARING UAT!? OF APRIL 4.2006 See above. • Chapter VII, Goal PV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. One public street access to Li~rder Road and one public street access to Stoddard Road are proposed and staff is recommending that access from the existing home to Linder Road net be allowed. Direct lot access to Linder Road and Stoddard Road should be prohibited by a mote on the plat • Chapter VII, C3oal YV, Objective C, Action 1 - Pmtect existing residential properties from incompatible lead use development on adjacent percale. The applicant is proposing a residential zone. Stt{jfjRr~s that the existing residential properties to the south, east acrd west are compatible with the proposed development • Chapter V>z, C3~oa1 N, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, sad higb-density sine family, multi-family, townhouses, duplexes, apartments, condominiums, etc.} for the purpose of providing the City with a range of affordable housing opporhrnitias. The srcbfect application includes a request for the R-8 zone. Staff, finds that the requested zon,'ng designation contributes to the variety of residential zo>zing categories in this area and is generally consistent with the Comprehensive Plan designation for this site, 9.7.dN][NG ORDINANCE a. Zoning Schedule of Use Control: UDC 112A-Z lists single family developments as a Conditional Use. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Cornpreheasive Plan. Coanectiaa to the City of Meridian water and sewer systems is a requirmrrent far aU residential districts. R~identiai districts are distinguished by the allowable density of dwelling units per acre and ceding housing types that can be acconnmadated within the density range. ln. ANAI.Yi9IS a. Analysis of Facts Leading to Staff Recomm~dation AN7ViF~ION ANAL,YiSISs, Based on the policies and goals contained in the Comprehensive Plan and rile general compliance of the proposed development with the Zoning Ordinauce, staff believes brat this is a good location for the proposed single family development. Please see Exhibit D for detailed analysis of facts a~ findings. The anaexatioa legal das~cription sabmftted with the application (prepared on November 11, 2005 by Clregory Carter, PLS) shows the pmperc~+ as contiguous to the existing corporate boundary of the City of Meridian. That the applicant will be respaasible for all coats associated with the sewer and water service extension. Any existing domestic wells aadlor septic systems within this project wr71 have to be Bear credo w~c 3uMlivssion A?~os-osa, PP-os-06a, vnx-os-o26 PAGE 7 ~ _ CITY OF MlllilDlAN 1'L.AM+iINt3 DEI~ARTMENT STAFF REPORT FOR 7'HE HEARING DATE OF APRIL 4, 2006 removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used • for non-domestic purposes such as landscape irrigation. That aA future development of the subject property shall be constructed in accordance with City of Meridian ordinances in BfSect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipttarnt and condidorrs of operation that will be detrimental to any persons, property or the general wel€~are by reason of excessive production of traffic, noise, smoke, Entries, glare ar odors. $p i~ ,Considerations: 5idewallc A future middle school site is planned to ~ at the northeast comer of the project on Stoddard Road. At past meetings, the City Goundl and the public have expressed conoems over the lack of sidewalks adjacent to arterial str~ and how difficult it is for children to waiWbike to nearby schools. In light of these concerns, staff recommends that the applicant be r~uireci to constivct a 5-foot wide detached sidewalk along their frontage of S. Stoddard Road and W. Kodiak Drive, prior to issuance of building permits in the fast phase of the development. pevelaJ, ent: UDC 11-5B-3.D.2 and Idaho Code § 65~71IA provides tho City the authority to require a property owner to enter into a Development Agteemesit (DA) with the City that may require some written commitatent for all future uses. Staff believes that a ~A is gece+ to ex~aure that flue arope~- is developed~g_a fashion that. is consistent with the conzmzel~ensiye titan designation and rives not lively jgt~nearb~ P~P~ties. Prior to the annexation ordinance approval, a Development Agceemexrt (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The,gpPlic~nt shall contact~be City. Bill Nary at 88.433 to initiatethis proce.~s within 18 tenths of City Council apnraval. of the annexation request. The DA shall incorporate the following: • That all folios uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odour. • 'That all future development of the subject property shall be constructer in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant wilt ba responsible for all costs associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinapace Section 5-7-517, when services are available fi+osn the City of Maridian. Wells may be used for non-domestic purposes such as landscape irrigation. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian iTn-ified Development Code. That five-foot wide sidewalks gad street buffers, constnrcted in accordance with City Code, be installed. along S. Stoddard Road and W, ga~diak Drive with. each phase, prior to occupancy of any new dwelling units for said phase. PjtE,^L~Y PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinar~e, staff believes that this is a good location far the promised townrwuse residential products, Please nee Exhibit D for detailed analysis of fm~cts and f ndings. $ear Creek West Sabdivisian AZ-US-054, PP•OS-~i, YAR-OS-02b PAGE 8 CITY 01= MERIDIAN PLANNING DSFARTMIrNT STAFF RF.POR1' FOR THL HE~-RING DATE OF APRiL 4, 2W6 1. _ bur Use ta,~ie l~gct~ of,~ P~o~~ Staff has been made aware that there is an existing indoorloutdoor church located ac~acent to the north property line of the project. The rcpreaentative of the church is concerned about conflicts between the existing church use and the homes proposed on the north boundary. There is an approval PA system on the church property which may cause conflicts with residential properties which are adjacent. Please reference the letter dated Der 12, 2005 from Dana Armstrong to Becky McKay regarding the church's concerns. The Commission and Council should consider public testimony to determine whether the proposal will have detrimental effects on adjacent properties. 2. Street. Buffer a~na Lind~rltoad and Stoddard. oad: A 25-foot wide street buffer is required along Linder Road which is an arterial street, and a 20-foot wide street buffer is required along Stoddard Road, which is an urban collector (UDC 11 2A-5). The applicant is proposing a 3S-foot wide landscape buffer along Linder Road and a 30-foot wide landscape buffer along Stoddard Road. Staff is generally supportive of t1u~ street buffer widths proposed, ~w,~ver the existing hgme on Linder,~toad that is to , er~na~-'lg moat take access from internal streets within ~te_aubdivi~gzi and a minimum~5•foot gbu$er rest ~ provided along Linder Road adiaeent to the home. Streett buffers are not regained on any of the iptemal, local streets. The applicant is proposing to provide a 20-foot street buffer on W. Kodiak Drive, which is consistent with a collector roadway. 3. Landacaorng~ ~ OpenSp~c :, Staff is supportive of the proposed landscaping design. The applicant is progosiag to set aside 12.05 act (10.3% of the property), exclusive of required street buffers, for open space. All common lots which are approved as open space, and will fimction as drainage areas, shall be vegetated and usable by residents. 4. ~cis,~np home tam The existing Dome to reauain an Lot 38, Block 5 shall be required to take access from an internal subdivision street and a note shall be placed on the plat prohibiting direct lot access to Linder Raad sad Stoddard Road The applicant should modify the plat to extend W. Bear Creek Ct. to the north to give internal street frontage to Lot 38, Block 5. The landscape plan shall also be modified to reflect Item #2 above. s. P gg<tion: The City of Meridian requires that pressurized irrigation systems be supplied by a y~x-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well wafer for the primary source. If a surface or well source is pat available, asingle-point connection to the ciilinary water system shall be regained. TF a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. Aa underground, pressurized irrigation system should be iastaUed to all landscape areas per the approved speeiiieations and in accordance with U13C 11-3A-15 and MCC 9-1-28. 6. Fen ing" The applicant has submitt~ a detailed fencing playa (on the landscape plan dated November 11, 2005) with the preliminary Plat application for the subdivision. Staff is generally supportive of the fencing proposed, with the following changes: [TDC- 3A-7 requires that fences adjacent to common open space are r~r'icted to four feet in height if sight obstructing, and six feet in height if op~ vision. The landscape plan shows 6 foot vinyl fence adjacent to the common open space on Lot 8, Block 14, and Lots 40 and 44, Hlock 5. The landscape plan shall be amended to comply with UDC l 1-3A 7 and Bear Cresk West Sub~tvis[on AZ-OS-Ob4, PP-05~4, VAR-05.026 PAGE 9 CITY QF ML'RiDIAN P[.ANNiNQ DEPARTMENT' STAFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006 restrict solid fencing adjacxatt to these lots to four feat priar to submittal of the final plat. All perimeter fencing .must be completed priar to issuance of building permits. All fences should taper dawn to 3 feet maximum within 20 feet of all right-of-way. Aal fencing should be installed in accordance with UDC 11-3A-7. 7. ~.Pa~'- All mioro--paths shall bo constructed is accordance with UDC 11.3A 8 (construction) and UDC 11-3B (landscaping). S. ~aYnmon Areas: Mairttertance of all common areas shall be the responsibility of the Bear Creek West Home D<wners° Association. 9. Ditches L~a,~erals ~als• There are exiting irrigation ditches that run along the perimeter of this property. The Ridenbaugh Canal runs along the southern boundary of this site. Large ihciliti~ which would require very large pipe sizes are allowed to remain open and Staff recommends that the City not require the applicant to file the Ridenbaugh Canal abutting this site. Pea UDC 1I-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, the Itidenbaugh Canal, and waterways being used as atnenitiea, that intersect, cross or lie within the area being subdivided shall be covered. V~ iA~CT~ _Y_SIS: The applicant has requested a variance to exceed the maximum block Length of 750 feed. The applicant has provided for traffic circulation with a street layout that provides adequate stub streets and connections to adjacent properties within the constraints of the ]tidenbaugh Canal to the south and existing developed properties to the north. Staff is supportive of the strut Layout and acknowledges that efforts have bees made to connect to adjacent properties wherever feasrble. The proposed subdivision increases interconnectivity and reduces traffic conflicts by providing a collector road which connects Linder Road and Stoddard Road. b. Staff Recpumnendatiam: The subject property is within the Urban Service Planning Ares. The subject apglicatior}s (AZ and PP) were submitted W the Plattnirrg ~~ for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval fox the requested annexation and zoning and preliminary plat applications. , 11. EDITS A. Drawings 1. REVYSI~ Prelurxinary Plat (dated Match 2, 2006) 2. Landscape Plan (dated: November 11, 2005) B. Conditions of Approval 1, Planning Department 2. Public Works Department 3. Pine Department 4. Folica Department S. Parks Department 6. Sanitary Service Company 7. Ada County Highway District G. Legal Descaigtion Bear Meek west Subdivision AZ-0S-064, PP-OS-064, VAR-05.026 PAGE 10 CITY OF MERIDIAN PLANNING DEPARZ MFNT STAFF REPORT FOR 1`l~ FLEARING DATE OF Ap'RII, 4, 2~ D. Required Findings from Zoning Ordinance Hear Creek West Subdivision AZ-Q3-Qb4. PP-05-064, VAR-OS-026 PAtiE 11 ~ _. CITY ON MERIDIAN PLAIV~TING DEPARTMENT STAFF REPORT FOR THE HEARIN® DATE OF APRIL 4, 2006 A. Drawin;~s l , REVISEp Pr8liminary Plat (dated: March 2, 20D6) (sec sanroved plat. Bated 418.4&1 i .j Fatltibit A ~ - CITY OF MERIDIAN PLANNING DEPARTMOJT STAFF REPORT FOR TH>r HEARIIVG PATE OP APRiG 4, ZQ06 n••«w.~ ~~1p m~~ ~'7TT~TT TT ~ o~a~~e~ 11.111.Lt,l~ ,.LJ._ ~ r -r ,- r r -'~ ~- ?T 71 ~ ~ ~ ~ ~ . Exhibit A ~ .- r ~ ~,~ ~ ~riC °LL~'~'V ~~ '~'~ .~Eiffi.'~ i4C'1L'S~ M CTi'Y OF MERIDIAN PLANNING DEPAitT11+l~NT STAFF REt'OR-f 1'OR Tl~ FYEAR!!3G UA'TB OF APREI.4, 2006 2. I.3ridSCepe Plan (t~atai: S@ptenlber 9, X0(1$) 1 ~'It.k+v~ T~!•1 {~ S !Yy 'lS~J ij..Ai r~~ •l•`\.~ l /r Il~l~j~ ~ • •_~~° } r 9 ~ . t ~ t '~~• ~ ~ ~ i • ~ i d ..~ _ 1 .. ~1,r, - ~~ 1 ~ i • ! r `, . ~ `~ I ` ` , F ` `~`"~ J ~ ,4' • ~t ,-, ,. ~~ 1! !. _ ...tip ~ ~ e f ~r west euea~wsla~ + -. .__ ~ .;~• x.r. p { ~ .p LLG ~I! ~ , ~. •~ • ~.nX1y..L'!!'YII+'P J ~4 :•'.~.7::"~LShjt'~'Y" Exhibit A CtZY OF MER[D)AN PLANNINd DEPAitTMENT STAFF REPORT FOR THE HEARINC3 DA'1',E OF APRIL 4, 20D6 Exhibit A CITY OP A~RIDIAN PLANNING D$PARTMENT STAFF REPORT FOR THE BARING DATE OF APRIL 4, 2006 • ~~ ~~ ~ , ~ • Exhibit A w•a:.. , ! j ;•._ {_ :,` :, ~ -~ ~ ` •~ w'~ '" r .- •~, .:s ; ~ .•` _:, •~ .K~ ~ •• ..i ~ ~ / ~ 1 ~•~~. ~ e~ '~ ~RE:EIC WE9f bUBDIVIBfON ~ •• ~ ~P4aR~~r~~p,~,,,,,a~~, ~ CITY OF MERIDIAN PLANNING DEPART1V11±NT' STAFF REPORT FbR TES I~ARiNG DATE OF APRIL 4, 2~6 f~ ~,:;~ ~r ~A. ~ ~- r .-~~ ~~ ~~ ~ ,j ~ n ~ ~'`'f !sr suswvis~ ~4G nanu+a-s, . ~~~~~ ~ ., , Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPOR7'FGR THE ~AI2IN©DAIE Off' APRII. 4, 2006 Iw ~, naTVr ~ Lai ~. ~ ~ r ~ ~ .. _ ~ ~'^ ~ ._ i .. 1 j~P ~; %~ ~ Mj r`'' ~ a:. , r ,, ~ a /" ~~•, r ~// ~ ~'~~ R,- ~'tl w~ ~ ~• ~ ~~ w^ ~ ~~ / ~~ Py-~ ~' ~ , ~'f4{~ l' `ti ~ + ~1 _ i~1 ~(~ ,, O --~--~ ~_~~,_.~r •- - - 9 iii µ ~ h~ .~. ~~~r i~ fir. i~~ 1~ ~ ! ; ~~ ~ ~ ~~~~ ~ ~~ ly'r r !' ...~. :sr 81~t)rvi8rgr llc N at` ~ k ' ' ,•, `~ ~~ ~ w ~Ir ~It~I ~ r'+ I~ ~~,~. 1 ~, ,~=a ~~ € J , Exhlblt A CITY OF NtERIt)lP-N PLAxNdNa DEl'A1~TMENT STAE~ REPt3RT FOR THE I~AKIIVQ DATE of APRIL ~, 2006 B. Conditions of Approval 1. P[,nxlvrn~cD~rARTM~xT 1.1 ANNE7CATION CONIlVIENTS Prior to the amexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer, The applicant hgb~sll ~,~~.. roe ~tv Atta„~,_gy B. il Narv, at AQ~-443 to initiate this bS within 1 S months of Clt~ ~~ alvprovat of the wee ~ 'on request The DA shall u-corporate the followu~ • That all futuxe uses shall not involve uses, activities, processes, waterials, equipment and conditions of operation that will be detrimental to any peasons, property or the general welfare by reason of exr~sive production of traffic, noise, smoke, furors, glare or odors. • That a$ future develaptne~nt of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • That the applicant will be responsible for aU associated with the sewer and water service extension. • That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Urtilinaace Section 5-7-$17, when services are available from the City of Meridian. Wells may be used far non-domestic purposes such as landscape irrigation. • Thal prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian UmSed Development Code. • That Sve-foot wide side°uvvalks and street buffs, constructed in accordance with City Code, be instaAed along s. Stoddard Road and W. Kodiak Drive with each phase, prior to occupancy of any new dwelling units for said phase. 1.2 S1TE SPECIFIC REQUTS--PREL~+IINARY PLAT 1.2.1 The REVISED preliminary plat labeled as PP-1 prepared by Engineering Solutions, dated ~ ~ ~r~ 18, ZO~i is approval, with the conditions listed htrein. All coaAments/conditions of the accompanying A~exationlZoning (A~-05-f?64) shall also be considered conditions of the Preliminaq- Plat (PP-OS-064). 1.2.2 Maintenance of all common areas shall be the responsibility of the Bear Creek West Subdivision Homeowners' Association. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other norHVegetated surface materials shall not be usal in open space lob, except as pen~-itted ut~det U'DC 11-3B. Where the applicant bas submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping sball be consistent with the preliminary plan with modifications as prvpo~d by staff. If the stormwater detention facility cannot be incarporat~. into the approved open space and still meet the standards of UAC 11-3A-18, then the applicant shall relocate tt-e facility. This may r~nire losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requiranents at the time of Snal construction. 1-2.4 The landscape plan shall be amended to depict fencing adjacent to Lot 8, Block 14 and Lots 4p, 44, and 1 ] 5, Block S ae a maximum of four feet for solid fencing, in compliance with UDC 11- 3A-7, prior to submittal of the final plat, lxbibit ~ ~ - CITY OF MERIDIAN pLANNINQ DEPAItTMF.NT STAt:F REPORT FOR THE HEARINt3 DATE OF APRII.4, 2006 1.2.5 Per UI~ 1 I.3A-6 all irrigation ditches, Laterals or canals, exclusive of natural waterways, the Ridenbaugh Canal, and waterways being used ae amenities, that intersect, cross ar lie within the arce being subdivided shall be covered. 1.2.6 The existing home on Lot 38, Block 5 to remain must eliminate the driveway access to Linder Road and take access from itttercial streets within the subdivision. A minimum 25-foot street buffer must be provided in a oammon lot along Linder Road adjacent to the home. 1.2.7 The plat shall be modiized to extend W. Bear Cry Ct. to the north and give internal street fror-tage to Lot 3$, 81ock 5, prior to submittal of the fitlal pint. 1.2.8 Direct lot access to S. Linder Road and S. Stoddard Road is grtihibited. A note shall be placed on the :Seal plat restricting aeaesa to S. Linder Road a~ S. Stoddard Road 1.2..9 Those aotfitdns O€LbtS ~~2 end ~~_~_ Y~ln.•k ~' that a«s wnrrnwFlat e.........tl.....-.f a~_.L_ wn-rrt~ _ -- -- aU ttot be encumbeZred b, v~eas+em 1.3 GENERAL. REQUIltEMENTS--PRELIlV!]NARY PLA? 1.3.1 Sidewalks shall be installed within the subdivision and ~ the perimeter of the subdivision pursuant to UDC 1 I-3A 17. 1.3.2. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for flue prmnary source. If a surface or well source is not available, asingle-paint connection to the culinary water systm shall be required. ff a single-point connection is utilizes, the developer will ~ rmponsible for the payment of amts for tho Gammon areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to a[l Landscape areas per the approved specifications and in accordance with UDC 11-3A 15 and MCC 9-1-28. 1.3.3 A detailed landscape Plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.3.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision ):f permanent fencing is not provided, tamporaty construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet ranaximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.5 Any tree over 4" in caliper that is ret~ved from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed Required landscapizig trces will not be considered as replacement trees for those trees that leave to be .mitigated. 1.3.6 All irrigation ditches, laterals or canals, exclusive of the ~jdenbaugh Canal Ie-SQL-Bra, intersecting crossing or lying a~jacer-t and. contiguous to the area being subdivided shall be tiled per LJDC 11-3A 6, unless otherwise approved by Nampa Meridian Irrigation District. Plans will need to be approved. by the appropriate irrigation/drainage district, ar lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.3.7 Staffs failure to cite specific ordinance pmvisious or tens of the approved annexation/conditional. use does not relieve the applicant of responsibility for complianca_ Exhibit H C1TY OF MERIDIAN PL.ANMNG DEP'ARTMENT' $TAFP REPORT FOR Tli>? HEARINQ DATE OF APRIL 4, 2006 1.3,8 Preliminary plat approval shall be sa~bject to the expiration provisions sex forth in UDC 11-6I~-7. 2. Pt~rtc WORKS D~Pe-RTMEtvT 2,1 This development is currently not serviceable by the City of Meridian's sanitary sewer system. This area is master planned to sewer to the Black. Cat trunk. The approval of this development is conditional oa sewer being available and the City of Meridian does not guarantee service in the timelines outlined in the Ul)C. 2.2 The applicant shell install mains to and through this development; applicat shall coordinate main sine and routing with the Public Works Deparbnent, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from tap of pipe to sub-grade is less than throe feet than alternate materials shall be used in conformaace of City of Meridian Public Works Data Stand~d Sgecifications. 2.3 No "try" or "interim" lift-stations shall be allowed in this development. 2.4 Water service to this site is being proposed via extension of mains in S. Stoddard Road. The applicant shall be respoYjsible to install water mains to and through this development, coordinate main size and routing with Public Works. Execute standard forms of easements for any mains that are required to prrovide service. 2.S This entire development, approximately 321 Rots, is being proposed with a single water connection in S. Stoddard Road. Jn order to achieve redundancy, a second connection to the City of Meridian's water system at the intersection of Liner and Overland shall be required. 2.5 This development is on the edge of proposed pressure zone boundaries, The applicant shall be r~onsible to install a pressure reducing vault at the connection to the waterline in S, Stoddard Road. The pressure reducing vault shall be designed to include communication capabilities that are consistent with the City of Meridian's SCADA system. Coordinate location with Len Grady at the Public Works Department. 2.7 The applicant shall reserve a portion of Lot 44, Black 5 for possible dedication to the City of Meridian far a well site. 2.8 The applicant bas not indicated wlm will awn and operate the pressure irrigation system in this proposed development. If it is to be nnaintained as a private system, pleas and specifications will be reviewed by the public Works Departmem as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "Baal draft" being required prior to Snal plat signature on the last please ofthis project. Tf it is to be owned and maintained by an Irrigation District then evidence of a license agreomeat shall be submitted prior to scheduling of apre-construction meeting, 2.9 The City of Meridian require that pressurized irrigation systems be supplied by ayear-round source of water {UDC 11-3A-6). The applicant should be required to rise any existing surface or well water for the primary source, If a surface ar well source is not available, a singlerpoint connection to the culinary water sy~em shall be required. Yf a single-poirrt connection is utilized, the devek will be responsible for the payment of assessments for the cozYmnon areas prier to signature on the t3aat plat by the City Engi~aeer. 2.10 All existing structures not meeting setbacks or zoning ordinance shall be removed prior to sigoature on the final plat by the City Engineer. 2.11 Additional width to the public utilities, drainage and inzgation easement along the rightrof way shall be dedicated where the sidewallc is located past the right.of--way. The additional width needs to be sufficient to allow for 10 feet of "free and clear" ~t past the sidewalk. Ex}ulrt B CITY OF MSIt[D1AN PLANNINQ DEPARTMEN!'t' STAFF REPORT FpR 7~ HBARING DATE OF ,AptilL 4, 200b 2.12 The existing house shall be regwired to connect to City services. The applicant shall be res~nsible for the payment of assessments and the actual physical hook up of the existing house to municipal services. 2.13 Any existing dom~tio wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells .may be used fqr non domestic purposes such as landscape irrigation. 2.14 Strut signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, mad base approved by the Ada Conroy Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.15 A letter of credit or cash surety in the amount of 110% will be required for all uncou~pleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.16 A.11 development improvements, including but not limited to sewer, fencing, micro paths, pressurized irrigation and landscaping shall be installed a~ approved prior to obtaining certificates of occupancy. 2.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the glen review process, prior w signature on the final plat per Resohrtion 02-374. 2.18 h shall be the responsibility of the applicant to eaaure that all development features comtply with the Americans with Disabilities Act and the Fair Housing Act. 2.19 Applican shall be responsible far applicsitian and compliance with and NPDI S permitting that may be raluired by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the .Army Corps of Engineers. 2.21 bevetoper shall coordinate mailbox locations with fire Meridian Post Office. 2.22 Compaction test results shall be submitted to the Meridian Bttilding Department for all building pads wing engineered backfill, where footing would sit atop fill material. 2.23 The engirteer shalt be required to cerdfy that the street centerline elevations are set a muininaum of 3-feet above the highest establishexl peak groundwater elevation. This is to ~e that the bottom elevation of the crawl spaces of homes is at lust 1 foot above. 2.24 Two-hundred fifty and one hundred watt, high-pressure sodium stt~tligbts shall be required at locations designated by the Public Works Department. All streetlighffi shall be installed at subdividefs expense. Typical locations are at street intersections and/or $re hydrants. Piaat design locations and quantity are cleterrnined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DgPARTMFN'C 3.1. One sad two family dwellings vrtll require a fire-flow of 1,000 gallons per minatte available for duration of 2 hours to service the entire project. Fite hydrants shall be placed an ave~asge of 500 feet apart. Intemati~al Fire Code Appendix C. ~~8 ~r7'~rayirse'i ;~r°a ~J•Yi a-LW~ L'~L ~16f '.7 na.e--a - - 1 al '7Qf w~'l~l~&ye~9-'pasisas~-vtf~t9 iii#t}2l~-~~-si~l~ve-p ~ ~ 1 '~ FX~t B • --~-__~ CITY OF Zv~AN PLANNING T1F.AARTMEN'I' STAFF ItEPO1tT FOR THE HEARING DATE fJF APRIL a, 2006 ~§,888~G's~: 3.3. For all Fine Lanes, provide aiguage "No Parking Fire Lane". 3.4. Tnsiue that all yet undeveloped parcels are maintained free of combustible vegetation. 3.5. Fire lanes and streets shall have a vertical clearatitce of 13'6". ?his includes mature landscaping. 3.6. (3pdrational fire hydrants, temporary or permanent stmet signs and access roads with an all weathc~ surface are nequireci before cornbusti'ble canstructia~n is brought oa site. 3.7. To incase agency access to the site a zmioimnutt of two paints of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be sv~arated by no lase than'h the diagonal measuremert of the Rill development, 3.8. Building setbacks shall be per the international Building Code for one and two story construction. 3.9. The roadways shall be bue~t to Ada County Highway Standards cr»as section rexluirainents and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' atre~ width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 C~V W. 3.10. The fire department requests that any future signalization insta,Ued as the result of the development of this project be equipped with Opt3com Sensors to ensure a safe and efficient r~ponas by fue and emergency medical service vehicles, This wst of this installation is to be borne by the developer. 3.11. Provide a Knox box entry system for the complex prior to occupancy. 3.12. The appHcartt shall work with Plamring Depa staff to provide an address idettti$cation plan and a sign which meets the requirements of the City of M sign or8inance at the required iutelsectiont(s). 3.13. Pmvide exterior egress lighting as t+aquired by the International Buildintg 8a Fire Codes. 3.14. Ppol chemicals shall. be stored in compliance with the i:rternational Fire Code. 4. Pt7LYCE DF+PAti1'M>wNT 4.1. The proposed plat and/or site design encourages high speed. cut-through traffic. The applicant shall work wiW the Ada County Highway District to provide traffic calming design to decrease travel speeds on W. K~adiak Drive. 4.2, Any interior fencing shall allow visibility firms the street or shall not exceed four feet in height if solid fencing is used. S. PARKS UEPARTMtrNT 5.1. Pathway and Trail standards; The proposed pathway arnl/or trail shall be constructed in accordance with the Meridian Park Department's requirements. Exhibit H ~ - CITY OF 1VIERipIAN PLANNING DFPAR'i'Mt?NT STAFF RgPORT FOR't~ HEARlNCi DATE O)c' APRLL 4.2006 5.2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial W another, and either an easement or ownership deed must be granted before the city will assuane the maintenance of any section of pathway. 5.3. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Qrdinanae (UDC 11-3B-10) will be (allowed. 5.4. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be follawed_ 6. SANITARY SERMCE COMPANY 6,1 Trash collection far the existing residence needs to be from a local street, not from a coAector or arterial. 7. ADA COVNTY HtGHWAY DISTR[47' Site Spec~lc t^onditioru of Approval 1. Dedicate 35-feet of rlght~f--way from the centerline of Stoddard Road abutting the parcel by means of recordation; of a final subdivision plat. The owner wi11 not be compensated for this additionalright-of-way because Stoddard Road is classifies as a collector roadway and is to be brought to adopted standards by the developers of abutting properties. 2. Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the parcel by means of r~ordatiaa of a final subdivision plat. The owner will not be compensated for this additional right-of--way because Linder Road is classified as a collector roadway and is to be brought m adopted standards by the developers of abutting properties. 3. Construct Stoddard Road as one half of a 46-foot street sectiatt with vertical curb, gutter and a 5- fovt detach (or 7-foot attached) concrete sidewallc. Construct the sidewalk to be looted a miinimwn of 28-feet from the centerline of Stoddard Road. if the sidewalk meanders outside of theright-of--way, provide the District with an easement. 4. Conshuct a 5 foot concrete sidewalk on Linder Road located a minimum of 41-feet from the centerline of Linder Road If the sidewakc meanders outside of the right-of--way, provide the District with an easement. 5. Construct Kodiak Drive to intersect Stoddard Road at the mirth property line in du~ect aligrm~ent with the main entrance to Bear Cr~k Subdivision located on the east side of Stoddard Road, as proposed. "'•` Kodiak Drive is proposed to be located on the north property line and is proposed to have att island loaatsd within the right-of-way. With the island, the sidewalk extends outside of the right-of-way onto the Meridian School District property to the north. The applicant will be required to obtain an easement for the sidewalk float escteads outside of the right-0f-way. 6. Construct Kodiak Drive to inters~t Linder Rand approximately 7b0-feet soirth of the north property Wte, as proposed. 7, Constntct Kodiak Drive as a 40•foat street section with Y curb, gutter and a 5-foot detached sidewalk within 54feet ofright-of--way. Construct the sidewalk is proPos~ to be detaahed from the curb with an 8-foot wide landscape planter strip and located within an easement to the District, as proposed, t.xlu'btt B ~ _..... GCf Y ~F MERtpIAN PLANNING DEFAR'~MENY STAFF REPORT FOR THE HEARING DATE OF APRII. 4, 2~6 8. Construct West Eggers Drive as a 24-foot street section with vertical club, gutter and 5 foot attached concrete sidewalk within 42-feet of right~f--way. Z'rovide the District with written documentation showing Fire Department approval of the reduced street section. 9. Construct the internal streets as 36-foot street sections with rolled curb, gutter and 5-foot concrete sidewalk within SO-feet ofright-of--way, as proposed„ 10. Coash~uct five cul-de-sac tlunatnunds without center islands within the subdivision, as proposed. Provide a minimum turning radius of 45-feat far all of the turnarounds. 11. Construct several islands within the public roadways, as proposed. Construct the islands to be a minimum of 4-feet wide with a minimum area of 100-square feet and provide a minimum of 21- feet on either side of the island. 12. Aay proposed landscape islands/medians within the public right-off way dedicated by this plat will be r~uired to be owned and maintained by a homeowners assa~ciation. Notes of this will be required on the final plat. 13. Construct a southbound le$durn bay on Linder Road at the Linder Road Kodiak Drive interBeCtiaA. 14. Construct a northbound right tutu bay on Linder Road at rite Linder Road Kodiak Drive intersection. 15. Construct a northbound left turn bay oa Stoddard Road at the Stoddard Road and Kodiak Drive intersection. 1 b. Construct asouthboundright--turn bay on Stoddard Road at Kodiak at the Stoddard Road and. Kodiak Drive intersection. 17. Other than the access points that have specifically been. approved with this application, diroct lot access to these roadways arwe prohibited. A note will be r+eguiured on the final plat stating this aces restriction. 18. Comply with all Standard Conditions of Approval. Standard Conditions ofA,pproval 1. Any existing irrigation facilities shat! be relocated outsuide of the right-of--way. 2. Privets sewer or water systems are prohibited From being located within any ACl;ID roadway or right-of--way. 3. All utility relocation costs associated with improving street frontages abuttir~ the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the conatructian ofthe proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the Diatricx's Try Planter Width Interim Folicy. Exh~'bir B • ---~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF TtEPORT FOR THE HEARIIJG DATE OF APRIL 4, 2~6 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with 51e numbers) for details. 7. All design and cansauetian shall be in accordance with the Ada County Highway District Policy Manual, I$PWC Standards and approved supplements, Construction Services procedures and all applicabl$ ACHI7 Ordinances artless specifically waived herein. An engincet registered in the State of Idaho shall prepare and certify all irnprovament plena. 8, The applicant shall submit revised plans far staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 9. Construcfion, use and property development shall ~ is conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 10. Payment of applicable road impact fees are requir~ad prior to building construction irx accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 11. It is the responsibility of the applicant to verify all e~dsting utilities within the right-of--way. The • applicant at no cost to ACHD shall repair existing utilities damaged by the agplic~nt+ The applicant shall be regiured to call DIGI.INE (1-800342-1585) at least two full business days prior to breakt~ag ground within ACHD right-of-way. The applicant shall contact ACRD Traffic Operations 3$7-6190 in the event any ACRD conduits (spare or filled) are compromised during airy phase of construction. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District, Thu burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal r®strictivns in force at the tune the applicant ar its successors in intermit advises We Highway District of its intent to change the planned use of the subject property unless a waiverfvariance of said requirements or other legal relief ie granted pursuant to the law in effect at the time the change in use is sought. F.xh~bit s ~ _. QTY OF MERIDIAN P1.ANN1NC3 DEPARTMENT STAFF REPORT FOR THE HEARING DAT$ OF APRIL 4, 2006 C. Legd Dmcelpli~ IDAHO t~° ~'A5'~' ~ S~Re t~ SURYEY Mme, ram Seats GRdUP Phone (la} f-ta.e5io Pmt NO' ~"~ November 15.2005 DESCRIPTIt)M FOR ANNEXATION BEAR CREEK tNEST SflBWVltt;iON A peroal of land locates Gn the W 1!2 of Section 24, T.3N., R.1 W., B.M., Ada Courtly, Idaho more partlcularly described as fo0a~va: Cemment~ng at an alumirwm cap monument marking the C1i4 oamer of aatd Sedlon 24 from which a SJ8' iron pin marking the N114 comer of Bald 8~tlon 24 Isaacs North 00'S1'S3' East, 2834,t1ES ipet; t}tertce abna the North-9a~th cernsdtne of said Sedion 24 South 00°51'53° West, 170.09 feet to a 5t8' Iron pin marking the REA! POINT OF BL~INNtN6; therrr:e oontlnuing atom saki hlprth~South centt3ri}rta South t10°51'b3" West, 827.30 itaet to a 518' ir+otti pin: btence lesvhtg said Nath°tiouth centergrre North 86°24'38" West, 661.27 feat to a 518` N•+ort pin an the East bgtmdary Ihte of the W1f2 olthe NE1l4 of the SW1l4 of said Sst 24; f>'~aa along said East tyottridary Nne South 00°49'ZB° West, 331.48 feet to a 5/8" Irar~ pin twt the Satoh boundary tine of the W1/2 of the NE7l4 of the $W1/4 of said Section 24; ttrence~ elate said south tramdary Urru ~ tfs°21'42" Wes9t, 518,26 feet to a point of 6te northerly tmuraiary Ilse of Eggers 3ubdivleion as flied kt f3oak 29 at t~iats at Page 1804, records of ltda County, Ideha. saM poMt area tieing on the oentarpne of the ~r t+erret end on a txttv~e b the bait: thence along said norttteriy ~undary Hre3 and said centerline fire fallouring 14 ooater~: atartg said twrve 29.577 feet, 5ald curve havir~ a redbua o< 250.00 feet, a central angle of +97°47'08" and a tong chord of 278.82 fast which bears Nord 29°54'34• West to a point of aompourrd curve; thence alrm0 said impound curve ?87,11 feet, saki Ctrnr~t having a i~rtiu3 at 7tl4.pd }set, ,) renltAl anr~b~ rkf d,~'3U'OU' and r~ luny r:honi cif 2fS5,10 f,~e: wh' ;h i+riar North 't5'3:i'Or' b'Vest to thEa iw~nt ut tangency, thence North 87°18'07• West, 76.22 feet t0 the beglrtnlrtg of a curve to the right; mNSt3 ~ mar~dtan sa,oo~ totzBa~Oaarro,w~BSar c,eek wem ~mea, oot~ Exfubit C ~ - .~" CITY OB t.JAN PLANNING DF,PARTMBNT STAFF REPORT FOR THE HEARfNt3 DATE OF APRIL 4, 2006 thence along ask) gtrve 100.36 feet. saki txtrve having a radius of 130.OQ feat, a . central angle of a 10'00" and a bng chord of 98.68 ; t which beaB North 75°48'07" Weal to tl~ paint of tangency; fttettce North 84°18'07" West, 184.82 fit; thence North 83°38'07" Wit,183.0E feet to the beginning of a curve to the felt; thence along Bald curve 104.72 feat. said curve having a radius of 226.00 feat, a central angl® of 28°40'00° and a (one chord of 103.78 feet ufilch ta~rS North eta°68'07 West to a point of compound verve; thence along acid a-n-pourui curve 128.72 feet. t38id atrve having a radius of 125.1)0 feet, a centt~al arple of 58'°x'00' and a long a;hord of 123,11 feet which freers North 70°11'53" West lfl Ste point of tangency; thence South 40°41'53' Weat,12721 feat to the baginnirrp of a curve to the right; thence abng said curve 98.03 feet, said crave ttaving a radius Of 60.00 feet, a ta3rttrat angle Of 112°20'00° artd a fang Chord of 83.07 feat which Beare North 83°Q8'07" West to a point of compound curve; thence abng said campgtnd curve 99.48 fet3t. said tatrve having a radius of 300.E fet3t, a central angle pf 19°W'QO" artd a bng chord Of 88.03 feet wltbh beans NarBt 17°28'07° Wit Fo ills point of tangenny; theme Ntxth 07°S8'07° Wont, 234.46 feet to the ttagfining of a curve to the left thence along said txtrve 32.34 feet, said curve having a radius of 250.00 feet, a artgb of 07°24'45' and a bng chord of 32.32 feet which bears North 11°40'30° thence Abrth 88°18'Or west, 128.E feet to a point on the West boundary Tine of Said Sectbn 24; thence 8lotrg said West twundary line North 00°41'53" East. 548.41 f9et t0 8518" iron pin the W1/4 wmer of said Sactbn 24; tftetu~ aondnuir~ along Said West boundary Itr1e tY~t 00°41'6~l° EaBt, 2908.21 feet to a Si>!" iron pin; tftence leaving said West boundary line South S2°41'34' F.,.SSt. 201.43 feQt to a 5!8` iron pfn; thence South 69" 18'34° East, 277.88 feet b a 5f8" iron pin; thence South 64°55'34" EBSt, 315.97 f8at tp a 5!8" iron pin; th~:nrc~ S~)~+th i,;~ ;j.}~,t L~St, {`'~t.tn fr;ntc..~ _ ~:t; iftitl ~~iil, thence Srneth '('!' !23';34 East, 313.53 feet to a 6!8" iron pin an the North-South cent®rgne of the NW t/4 of aald Section 24, S:U$Q R Meddean setlo0t 8a~s~esry (8t,~j~Daae~nt°teeat Cre°k West Mrea heacdoe Exhibit e G7TY OF MERIDIAN PLANMIN©ri~FARTn~EtVT STAFF R1~ORT FOR THE HEAA>iNG DATE OF APRII.4, 2006 thence ab said North-$auth centerline Scutt: ~°46'61" Easl, 789.08 feet to a 5/8' iron pin; thence leaving said North-Scwth centerrne South 90°37'41" fast, 510,19 tit to a 6~8" iron pin marking the bsginning of a curve to the left; thence akrng said Curve 990.51 feet, said curve having a radius Qf 970.E feet, a t~ntral angle of 58°30~t3" and a bng chord of 948A3 feet which bears South 59°52'54" Oast to a 518' iron pin marking the point of tangency; thence South 88°06'07' fast, 231.37 feat to the iiSAR. pO1hIT OF t3>;GINNIN© containing 117.47 acres, mare ar less. Prepared 4-y: tdeho SueaaL • Gregory P.L•,:$. s+uso P1a~lGrorea man scrod eoun~ry (oo•2oepoowmM%s~9ax C~eelt wa61 Mnert bead daa 'Exhibit C ... _. CI1Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRII, 4, 2006 I i wn ans~ i p• j:. •,._. rte. .~ .•' ', r~ ,,+~. I :~`./ .~ . ~~ , ..~ ~. ~,, .~~•' i ~ ,; l i ~' ~ ~ ~ ~' ~, ,' ..tit% I~trilillt9a ~~ _ ~ r I 2Eaa449E61IIl i •' I I ' O~ Orr~@p, p+a 4 a! 1 ~ ~ ~ I ~ ~ .., 1 _...1"...T. ! ._~ ~yi atpi {ub`.y' w rl7r "_ I ' L9Rr Plft~!^~1.. ~... I 1 _) 11 ~ I ~ 1 i (I ! i $ :~ ! B44A8 81tf6BH W6iID1' ,4 ~ur~utrta4+a4 i eA . ~ ,~jttico?w~+{nw Exhibit C • ClTX GF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE I~ARRVt3 DATB OF APRIL 4, 2006 .. ,... _. ..._.__~-....__..i.__i ~~ ~~ . .. ,j ~ ~ I • Y.' .i'I ry.Y 'I.1 ,/•• ',~ , 'iI• ~ ' wOlsm mqw 1~' I ~ '~ 1 ~ ! •/JJ ~' Jaii~ _.._----..___..~ ,,..__.__ _ f~f `ice- "~Q,I ~~ ~ ~-- ~~ I _._. _ ...~_ ----1~ ~- -..1; i f '' ~` i j I ,~ ~ _ _ ~_ I~ ~~y°~W~NwmY1 "'f iY rl+dw®L•~mfO gC~a~i ~ i P ~ ~, ~ U~ a ~ eiea~ ce~c ~x J ~ • I 1 t i ~ a ~18DlYIBMN ~N~A ~ Exhibit C • _~_ . CITY OF MERIDL4N PLANNING DEPARTIV~NT STAFF REPORT FOR THE HEAR1l~TO DATE OF ABRII. 4, 2006 ~t I ~ '. .. .. ... a ~~ _ .. .~ .. ... ,r .. ~~ ~ i• ' ~ ~ ' i .. . 't . I.... i ... ~ ~ yl ~ ~ i ` G a. ... ,, _ .._.... _.. ... _ .. J~" ~ I i '~ I,, r ' ~ I ~i f ~~ . . '•- ...~.. I ~.: ~• 1~ • ~~ ,~f -•,~~ = ~` Exiilblt G _.j ~,, • . ':; •p' ~' '~_..~ . , ~ ~ ~:;_ ' -----• .III . - ... ~~..,,~-.~ ;fit- ~ J ..~ . .. _ CITY OF MER[btAN PLANNINt} DEPARTMENT STAFF REPORT POR THE HEARING DATE OF APRIL 4, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a fall invesdgadon and shall, at the public hearing, review the appltcadon. In order to grant an annezadon and/or rezone, the Council shaII noake the foIIowhtg Endings; 1. The map amendment eompiies with the applicable provisions of the comprehensive Pfr~ The applicant is propps~ to zone all of the subject property to R~$. City Council 5ads that the proposed zoning map amendment complia4 with the applicable provisions of the comprehensive plait, Please see Comprehensive Plan Policies and Goals, Section $, of the StaffReport. ~. The map amendment complies with the regalations outlined for the proposed diehict, apedEcally the purpose statement; City Council finds that single family detached residential uses are allowed within the requested zoning district of R-8 as a Principally pemditted Use. The accompanying plat demonstrates the Land will be developed with Iot sizes, housing types and other dimensional recluireraents that conform to the proposed zoning designation. 3. The map amendment ehaII not be materially detrimental to the public health, safety, and welfare; City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 4. The map amendment ehaD not result in an adverse impact upon the delivery of services by any polid~l subdivision providing public services within the City fineluding, but not Limited to, school districts; cud, staff firvds that the proposed zoning amt will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site, 5. The annexation is is the beat of interest of the City (UDC 11-5)1^3.E). The R 8 zoning amendm~t will provide lots that are similar in nature to existing subdivisions in the near vicinity. City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable exp~diture of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the fmdiutgs listed above, City Councils that motion and ZoningQ~this PsPPerty to R 8 would din the ~inierest of the City 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminauy and final plat, or short pLst, the dedsian-malting body shall make the foIIowing t3ndings; 1. The plat ie in conformance with the Comprehensive Plan; City Council fords that the proposed application is in substantial compliance with the adopted Comprehensive Plan Staff generally supports the proposed plat layout and Exhibit D • i ..._ . CITY OF MERIDIAN pLANNiN(f DEPA[tTMENT STAFF REPORT' FOR THE HBAWNCi DATE OF APRll. 4, 2006 proposed density as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, ofthe St~Report. 2. Pablic services are available or can be made available and are adequate to accommodate the proposed development; City Council finds that public services are available to accommodate the pr~~ development. (See fording Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with scheduled pabllc impravemeMs in accord with the City's capital improvenaeat program; Because the developer is installing sewer, water, and utilities for the development at their coat, ~$ .finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public 8aaaclal capability of supporting services for the proposed development; See finding "Items 3 and 4 above under Annexation Findings above, and the .Agency Comments and Conditions in Exhibit B for more detail. 4. The development will not be detrimental to the pnbUc health, ~fety or general welfare; and City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHb considers road safety issues in their analysis. 5. The development preserves sigai5cant natural, scenic or lulstoric fanfares. City Council is unaware of any natural, scenic or historic features on this site. Therefore, City Counca7 finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic az histarec feature(s) of major importance. 3. Variance Findings The City Conacal shall apply the standards listed in Idaho Code 67-616 sad all the Uadings listed is Section 11-513--4E of the UDC to review the varlanee regpest, I~t order to grant a variance, the Council shaII make the foUawing findings: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the distriet: City Council finds that the granting of a varannca to the property would not grant a right or privilege that is not otherwise allowed en the district. As noted above, staff finds that street compliance wiW the City's t7rdioancce would not be of benefit to the City, the suimunduag property owners, or the applicant. Haled on the nature and location of stub streets within the adjacent development, staff Ends that strict compliance would be unreasonable and granting the variance would not result in inhibiting the objectives of the UDC. 2. The variance relieves an uadne hardship because of characteristics of the site; Exhibit D • '--. ..~ CITY OF MF.[UDIAN PLANNING DEPAlt1 MENT STAFF REPORT FOR THE HLARII~TG DATE OF APRI[. 4, 2006 The applicant has provided for traffic circulation with a street layout that provides adequate stub streets atki conne~ons to adjacent properties within the constraints of the Ridenbaugh Canal to the south and existing developed properties to the north. •City Council is supportive of the street layout and acknowledges that efforts crave been made to connect tp adjacent properties wherever feasible. 3. The variance shall nat be detrimental to the public health, safety, and welfare, City Councfl finds that approving the variance to the maximum block length would not be detrimental to th,e public health, safety, and/or welfare. The proposed subdivision increases interconnectivity and raiuccs traffic conflicts by providing a collector road which connects Linder Road and Stoddard Road Exhibit D • October 19, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING October 23, 2007 APPLICANT PUblic Works Department ITEM No. 6 Ay1'Z REQUEST Department Report -Five Mile Creek Stream Restoration Project: 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: ~ U' CITY PARKS DEPT: ~,Q 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. l~ U Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer CC: File Date: 10/15/07 Re: Proposed Agenda Item for October 23 City Council Meeting -- ~~ ~~~y Of°I~ierzdia~ ~~~~ ~l~r~ ~~~~ The Public Works Department respectfully requests the following item be placed on the October 23 City Council agenda, under Department Reports, for Council's consideration: Fivemile Creek Stream Restoration Proiect City staff and staff from partnering agencies wish to present the Fivemile Creek Stream Restoration Project for City Council information and discussion. Thank you for your consideration. Please contact me if you have any questions regarding this item. • Page 1 Will Berg From: Len Grady Sent: Tuesday, October 23, 2007 8:50 AM To: Joe Borton; David Zaremba; Tammy de Weerd Cc: Tara Green; Will Berg Subject: Five Mile Creek . Page 1 of 1 Due to some last minute concerns from NMID, Public Works is requesting to pull this from the Department Reports Agenda Items. We will bring it back on November 6th. This will allow us some time to get a better handle on their concerns. If all goes well, NMID will take it to their board on November 13tH Len 10/23/2007 • October 19, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING October 23, 2007 APPLICANT Mayors Office ITEM NO. 6-8-~ REQUEST Appointment of Kirk Moms to Meridian Development Corporation AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached ~ ~ ~~~ ~'I'r Date: Phone: Staff Initials: Materials presented at pubec meetings shall become property of the City of Meridian. A ~ C~ ~ ~ d ~ A~ mo us 4.. !! --- =-'`~I ARCHITECTURE KIRK MORRIS, AIA PRINCIPAL ARCHITECT Kirk Morris offers clients a powerful combination of knowledge and experience drawn from architecture and construction. He was design- ing architecture within weeks of graduating from the University of Idaho architecture program and understands the critical need to coordinate client intentions with the inventiveness of fellow Modus architects and construction experts. Kirk's familiarity with how buildings actually come together through integrated teamwork and his vigorous "hands-on" approach assure a consistent degree of high quality-control. EDUCATION Bachelor of Architecture, University of Idaho, 1995. REGISTRATION Idaho License # AR-13335 NCARB Certified # 55213 PROFESSIONAL AFFILIATIONS American Institute of Architects, Member Leadership Boise, Class of 2006-2007 AWARDS & RECOGNITION Accomplished Under 40 Recipient, Idaho Business Review, 2006 PROJECT EXPERIENCE Ahavath Beth Israel Multipurpose Facility, Boise, Idaho Albertsons General Office Remodel, Boise, Idaho * Alberstons Records Center Boise, Idaho Albertsons West Remodel, Boise, Idaho Boise Centre on the Grove Expansion, Boise, Idaho Caldwell Retail Building at Ustick & Cleveland, Caldwell, Idaho D.A. Davidson, Tenant Improvement, Boise, Idaho Foster Block Parking Garage, Boise, Idaho The Idaho Center, Nampa, Idaho Nampa Family Justice Center, Nampa, Idaho Majestic Retail Building, Meridian, Idaho Micron Electronics Call Center, Meridian, Idaho Plaza 121 Addition & Renovation, Boise, Idaho Henny Penny Produce, Nampa, Idaho Milky Way Restaurant, Boise, Idaho * Indicates projects completed as while employed at another firm. • .~ ~~~f~l ®C~ ~ ~ ~~ City Cf I~e~iclian City Clerk ®i`~'ce Modus ,Architecture ~~19 Vt! Front Sheet, Eoise, Idaho 23702 !205)331-32f~0 wv~~w.gomodu<_.cam • 4 October 19, 2007 Department Reports MERIDIAN CITY COUNCIL MEETING October 23, 2007 APPLICANt Finance Department ITEM NO. 6-C-~ REQUEST Approval of Award of City Hall Bid Packages 16 & 22 Amount of Award for Package 16 Audio /Visual is $204,378.72 to Aatronics, Inc. 8~ Packate 22 Security System $84,695.00 to Apex Integrated Security Systems, Inc. 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 fhe City of Meridian. CJ ,a , r . ~,. ~~ ~ - Memo To: Wdl Berg, City Clerk From: Keith Watts, Purchasing Agent CC: Tara Green, Stacy lClchenmann Date: 10/18/07 Re: October 23 City Council impartment Report ~id~~ ~~ ~~~di~ ~~a~7 Clerl~ ®~-ac~ The Purchasing impartment respe~k~fully requests that the following kerns' be plak~ on the October 23 City Councl Agenda under Department Report. Approval of Award of City Hall Bid Packages 16 8~ 22. Amount of award for Package 16 AudioA~sual is $204.378.72 to AAtronics. Inc and package 22 Securifir Systems $84.695.00 to Aix Integrated Security Systems. Inc. All work under this Bid and subsequent oontracts will be completed pursuant to the AIA 101 CM ~ AIA 201 CM Construction Agreements modified by Ted Baird for the City Hall Project Recommended Council Action: Approval of both bid packages and subsequent agn~menls, authorize the Purchasing Agent to issue Conditional Noticxis of Award and authorize the AAayor to sign all agreements and City Clerk to attest Thank you fior your consideration. • Page 1 BID PA~AGE DESCRIPTION & BID ~M MERIDIAN CITY HALL PHASE III-BUILDING CORE, FINISHES AND MEP's Bid Package 16 AudioN`isual Bid Requirements: The complete work of providing all handrail, guardrail and related miscellaneous and architectural metal fabrications. Division I -General Requirements Section 13100 -Audio Systems Section 13150 -Video Systems Section 13200 -Audiovisual Control Systems Section 13770 -Digital Audio Recording Systems This bid package specifically includes: • Furnish and install all equipment and components as described in Specification Section 13100; 1.2 A, 1.2 B, and 1.2 C, Section 13150; 1.2 A, and 1.2 B, Section 13200; 1.2 A, and 1.2 B, and Section 13770; 1.1 for complete and operational systems. ADDENDUM (A) ,~_ ( / / )ADDENDUM (B) ( / / ) # ( / / ) BASE BID - AudioNisual .........................................................................~ r~(7~/ ~J7 0. ~~- Having carefully examined the Invitation to Bid, Instructions to Bidders, Bid Proposal Form, Agreement Forms, contract drawings, existing site and all conditions affecting the work, the undersigned agrees to furnish all labor, materials, etc., necessary to pertorm the work as shown on the drawings and listed in the Bid Items, in accordance with the Bid Documents. The undersigned understands that Petra, Incorporated, the Owner, and the Architect reserve the right to reject any andlor all bids. Final award is subject to approval by the Owner. Company Name By Printed or Typed Name Title Date (Seal if bad is by Corporation) Address ~~~ 3 y~ - v~~z~ Phone Number ~n~ 3 ~~{- ~y~ Fax Number. jr zq~-,4 -~i Public Works License Number ~~~ - e- ~~~~~ ~~~~ Idaho Contractors Registration Number ' ExpF Date Phase III - BP 16 (Revised) 61D~1CKAGE DESCRfPTION & B~FORM MERIDIAN CITY HALL PHASE JII--BUILDING CORE, FINISHES AND MEP's Bid Packa a 22 9. ~~ Security Systems ~~ mid°~eouirements: The supply and installation of all equipment and related components, software, and programming -{or~a.complete and operational security system including access control and video surveillance for a complete, ,~ integrated and operational system. Qnnsion 1-General Requirements S~tion 16751- Access Control System Section 16761- video Surveillance Systems ADDENDUM (A) ~ { 6/18/07) ADDENDUM (B) ~~ (7/2/07) ADDENDUM(C~/7/9!07) ADDENDUM(D)~ (7/16/07) ADDENDUM( )~ (9 /L~/a7~ /3/~ BASE BID -Security Systems ~ _____________ ~ Having carefully examined the Imitation to Bid, Instructions to Bidders, Bid Proposal Form, Agreement Forms, contract drawings, existing site and al! conditions affecting the work, the undersigned agrees to famish all labor, materials, etc., necessary to perform the work as -shown on the drawings and listed in the Bid Items, in accordance with the Bid Documents. The undersigned understands that Petra, Incorporated, the Owner, and the Architect reserve the right to reject any and/or all bids. Final award is subject to approval by the Owner. ay ~~~~~ ~ ~ Printed or Typed Name - ~~~®~ Title ~5S/~ 1,,~~,Etiro,9 ~~ .®~rfo Address ~7a7Q~Co Phone Number ~~f'- ~7~- l'lv~~ Fax Dumber ~~~ ~ ~ ~~ , Public Works License Number ~~-Sc- ~ l d .Idaho Contractors Registration Number Ex .Date Phase 111- BP 22 (REBID) I~ October 19, 2007 MERIDIAN CITY COUNCIL MEETING October 23, 2007 Date: APPLICANT ITEM NO. 6-C-2 REQUEST Cooperative Construction 8~ Remibursement Agmt for North Black Cat Trunk Sewer with Brighton Development, Treehaven, LLC, Primeland Dev. Group, LLC AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS • Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • . COOPERATIVE CONSTRUCTION AND RE]MBURSEMENT AGREEMENT NORTH BLACK CAT TRUNK SEWER -LINE A THIS AGREEMENT made this Zb `day of OGfdb G F- , 2007, by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter called "CITY," and Brighton Development Inc., an Idaho corporation; Treehaven, LLC, and idaha limited liability company; and Primeland Development Company, L.L.P., an Idaho limited. liability partnership (BTP), hereinafter called "DEVELOPER": WITNESSETH: WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and desires to construct a sanitary sewer system to be owned, operated, and maintained by CITY to serve DEVELOPER's property and future City of Meridian property, shown on Exhibit "A" and has request. reimbursement for a portion of the sanitary sewer system; WHEREAS, upon recommendation of the Public Works Department, the City Council of CITY accepted and approved the proposal of DEVELOPER to construct the sanitary sewer system, subject to all conditions hereinafter provided by this Agreement; NOW THEREFORE, in consideration of the foregoing premises, CITY and DEVELOPER hereby agree: 1. Preparation of Plans. CITY has prepared plans and specifications, drawings, instructions, bid proposal and all other contract documents for the construction and installation of sanitary sewer system {hereinafter called "Pmject" ), shaven on Exhibit `B," including rights-of--way, grades and elevation, and materials used in the construction and installation of said trunk sanitary sewer lines. DEVELOPER shall not be liable for any damages or delays caused by the CI1'Y's plans and specifications, drawings, instructions, bid proposal and other contract documents prepares by the CITY. 2. Final Plans. CITY and DEVELOPER shall acknowledge in writing the final plans, and said plans shall not thereafter be modified in any material way unless such modifications are approved in writing signed by CITY and DEVELOPER The final plans and specifications are attached hereto as Exhibit `B" and are made a part of this contract. 3. Construction of the Proj-eat. A. DEVELOPER shall install and construct the Project in compliance with and subject to all conditions provided herein. COOPERATIVE CONSTRUCTION AND REAQBURSEMF.NT AGREEMENT -Page 1 of 13 • . B. CITY, with the cooperation from the DEVELOPER, shall endeavor to obtain and/or provide engineering, permanent and temporary easements adequate for timely completion of the Project at no cost to DEVELOPER and DEVELOPER will provide all surveying and contract administration with the contractors which shall be considered a cast of the project. C. DEVELOPER shall undertake and/or provide all testing, sampling and other normally conducted measures for quality controUquality assurance regarding any and all installed systems and shall be considered a cost of the project. D. CITY shall provide inspection services for the construction of the Project in accordance with CITY standards at its cost. 4. Solicitation of Bids. DEVELOPER shall award the construction contract to the lowest qualified bidder, after obtaining approval from the City Council of the successful bidder and bid amount which approval shall not be unreasonably withheld, delayed or conditioned. The bids shall be administered in accordance with state public bidding laws pursuant to the CITY's purchasing guidelines. 5. Contract Terms. DEVELOPER shall provide CITY with a copy of the executed construction contract(s). All construction contracts} shall include, at a minimum, the following provisions: A. A requirement that the contractor provide payment and performance bonds naming CITY as an additional beneficiary as required by the Public Works Contractors License Act, Chapter 19, Title 54 of the Idaho Code. B. A requirement that the successful bidder be licensed as a public works contractor C. A requirement that the conshuction of the Project shall be in accordance with the approved designs, plans, and specifications and be Substantially Complete within twenty-four (24) weeks from the date DEVELOPER issues to the contractor written notice to proceed. For the purposes of this Agreement, the term "Substantially Complete" shall mean that the Project and all components thereof can be safely used for their intended purpose(s) despite the fact that some item or items remain uncompleted. D. A provision that the time for Substantial Completion will only be extended by (a) acts of God, (b) war, (c) delays caused by CITY, or (d) any request for extension of time approved in writing.by CITY. E. A requirement that the contractor shall pay liquidated damages of Five Hundred Dollars and 00/100 ($500.00) per day for each day that Substantial Completion is delayed beyond twenty-four (24) weeks from the date DEVELOPER issues written notice to proce~, or no later than May 1, 2008, or beyond the extended date as allowed herein. F. A requirement that the contractor shall maintain liability insurance insuring against bodily injury or death with limits of not less than One Million Dollars ($1,000,{}00.00) COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGE -page 2 of 13 i ~ per person and per occurrence, and properly damage with a limit of One Million Dollars ($1,000,000.00) per occurrence, naming both DEVELOPER and CITY as co-insureds. G. A provision that the contractor shall indemnify CITY and DEVELOPER from any and all claims by third persons arising out of the performance of the contract. H. A provision that the contractor shall comply with all applicable laws, rules, and regulations, and that the contractor shall secure aU applicable permits and pay all applicable fees. I. A provision providing at least a one (1) year warranty on the operation and materials of the Project from the contractors, which warranty shall be assignable to CITY. J. DEVELOPER shall have the right to rely upon instructions and the authority of the City Engineer. 6. Conditions Precedent to Execution of Construction Contract(s). Prior to execution of any construction contract, the following conditions shall be satisfied: A. DEVELOPER shall obtain written approval from CITY of the form and terms of such construction contract, including but not Limited to DEVELOPER's failure to obtain a construction contract that contains the provisions required by this Agreement, but which approval shall not otherwise be unreasonably withheld or delayed. B. Any easements required for the Project or the construction thereof shall be deeded to CITY and recorded prior to construction of the Project. 7. DEVELOPER and CITY Responsibility for Costs. Because the DEVELOPER will construct sanitary sewer improvements, as shown on Exhibit "B", at the request of the CITY, it is mutually agreed that the cost of the Project will be reimbursed as set forth herein," subject to actual cost verification by City. DEVELOPER shall fund 100% of the cost of the Project, estimated at $1,717,484.31, as detailed in Paragraph 10 below, with reimbursement from the CITY in accordance with the provisions of this Agreement. CITY warrants to DEVELOPER that it has su~.cient funds on hand for payment of its share of the costs pursuant to the terms of this Agreement. 8. Chance Orders to Construction Contract DEVELOPER shall obtain the written approval of CITY before approving any change order to the construction contract. In the event of a change order, CITY and DEVELOPER shall execute an amendment to this Agreement to record the amount of the change order to be reimbursed to DEVELOPER, if any. The project management fee to Primeiand Development Company, L.L.P. for any change order may be four (4%) percent of any additional project costs if determined appropriate by the CITY. 9. Completion of the Project. A. Upon final completion of the Project, DEVELOPER shall furnish to CITY written certification that the Project has been completed in accordance with the approved plans. COOPERATIVE CONSTRUCTION AND REIlVLBURSEMENT AGREEMENT -Page 3 of 13 • . Within fifteen (15) days after delivery of the certificate of completion, CITY shall either accept the same or provide a written itemization of those matters it reasonably finds to be non-conforming with the approved plans, in which case DEVELOPER shall promptly cause the remediation of all non-conforming matters by the contractors. DEVELOPER shall not be liable for any defaults, omissions, or failures of the contractors unless DEVELOPER failed to exercise reasonable care in the performance of its duties. DEVELOPER warrants to the CITY that it will perform its duties pursuant to this agreement with reasonable care. B. Upon completion of the Project, DEVELOPER shall deliver to CITY comprehensive as built drawings for the Project, signed and stamped by a licensed professional engineer, in both a reproducible, printed format, on both myiaz and in electronic files in AutoCAD format. C. Upon completion of the Project, DEVELOPER shall complete all paperwork necessary to assign to CITY the contractor's one (1) year warranty of the work and materials on the Project. D. Upon completion of the Project, DEVELOPER shall represent and wan~nt that the Project is free and clear of all liens and encumbrances not created by or with the written consent of CITY. 10. Reimbursement to DEVELOPER. A. Estimated Total Reimbursement. Because DEVELOPER will construct the Project, CITY shall reimburse to DEVELOPER 100% of project costs, with the total reimbursement to the DEVELOPER estimated at $1,717.484.31. The estimated total reimbursement for the North Black Cat Trunk Sewer is as follows. 1. Construction Bid (Brown Construction) $1,578,937.31 2. Project Management (Primeland Development) $ ~ 65,000.00 3. Engineering $ 60,000.00 4. Survey $ 9,300.00 5. Testing and inspection verification $ 4,250.00 Total $1,717,487.31 B. Method of Payment. To receive payment, DEVELOPER will provide CITY with a written invoice for each Reimbursement Payment. Upon receipt of such invoice, CITY will pay such invoice within forty-five {45) days after receipt, provided that DEVELOPER is in compliance with all other terms and conditions of this Agreement. The invoice from DEVELOPER shall have attached to it all invoices and billings from contractors, engineers, and expenses of contract management verifying the total actual project costs for which DEVELOPER is seeking a Reimbursement Payment. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 4 of 13 C. Timin~of Reimbursement Payment. CITY shall reimburse DEVELOPER for eighty {80%) percent of the CITY's reimbursement amount as set forth in this Agreement, subject to written change orders approved by the CITY as herein set forth, upon substantial completion of the Project. The remaining twenty (20%) percent shall be paid by the CITY no later than forty-five (45) days fiom the date of final completion and acceptance. "Substantial completion" is defined for the purposes of this Agreement to mean that stage in the process of the work when the work is sufficiently completed in accordance with this Agreement so that the CITY can utilize the work for its intended use. If a dispute arises between the CITY and DEVELOPER with regard to any particular issue or matter, the CITY shall not withhold payment of those amounts not in dispute. 11. Compliance with Laws. A. In constructing and installing the Project on and/or within its properly, DEVELOPER, at its sole expense, shall comply with any and all laws, orders and regulations of Federal, State and local authorities. It shall be the CTTY's responsibility and sole expense to obtain any and all licenses or permits which maybe required for or in the course of the performance of this Agreement. B. Upon connection to the City of Meridian sanitary sewer system, DEVELOPER shall abide by all applicable CITY laws, rules and regulations pertaining to sanitary sewer systems. 12. Indemnification and Insurance. DEVELOPER shall include in the contracts between DEVELOPER and the contractors the indemnification and insurance requirements as set forth in this paragraph. The contractors shall indemnify and save and hold harmless CITY and DEVELOPER from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or property and losses and expenses caused or incurred by the contractors, their servants, agents, employees, guests, and/or business invitees, and not caused by or arising out of tortious conduct of CITY or its employees or its DEVELOPER. In addition, the contractors shall maintain, and specifically agrees that it will maintain, throughout the pendency of this Agreement, liability insurance in which CITY and DEVELOPER shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of such insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY and DEVELOPER, and if CITY and DEVELOPER become liable for an amount in excess of the insurance limits herein provided the contractors shall provide CITY and DEVELOPER with a certificate of insurance or other proof of insurance evidencing the contractor's compliance with the requirements of this paragraph by filing such proof of insurance with the City Clerk. In the event the insurance minimums of the Idaho Tort Claims Act are changed, CITY shall notify the contractors of such change, and the contractors shall immediately submit proof of compliance with the changed limit. CITY hereby indemnifies and saves and holds harmless DEVELOPER from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or properly and losses and expenses caused or incurred by the CITY, its servants, agents, employees, and those parties under COOPERATIVE CONSTRUCTION AND REIlVIBURSEMENT AGREIIVIENT -Page 5 of 13 • the control or direction of the CITY. The duty to indemnify shall also include the duty to defend DEVELOPER at the CITY's cost. 13. No Assignment. DEVELOPER shall not assign any portion of this Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. l4. Remedies upon Default. A. Default by DEVELOPER In addition to such other remedies ax law or in equity that CITY may have, in the event DEVELOPER fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, CITY may withhold any reimbursement due to DEVELOPER hereunder until such default is corrected to the satisfaction of CITY. Any withholding of reimbursement shall only be for the amount in dispute and the CITY shall have no right to withhold funds that are not in dispute between the parties. B. Default by CITY. In the event CITY fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, DEVELOPER shall be entitled to all remedies available at law or in equity. C. Notice of Default. If either the DEVELOPER or the CITY claims the other is in default of a provision of this Agreement, they shall give a ten (10) day notice of default to the other party and the other party shall thereafter have ten {10} days to cure the default. 15. Attorney Fees. Should either party find it necessary to employ an attorney for representation in any action seeking enforcement of any provision of this Agreement, or to recover damages for breach of this Agreement; or to resolve any disagreement as to the interpretation of this Agreement, the unsuccessful party in any final judgment or award entered pursuant to such action shall reimburse the prevailing party for all reasonable costs, chazges and expenses, including attorneys' fees expended or inciured by the prevailing Party in connection therewith and in connection with any appeal, and the same may be included in such judgment or award. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. Notices. Any notice desired by the parties ancUor required by this Agreement shall be sent via United States Mail, registered or certified mail, postage prepaid, return receipt requested, and shall be addressed as follows: CI'T'Y: Meridian City Engineer City of Meridian 200 E. Cazlton, Suite #101 Meridian, Idaho 83642 with copy to: COOPERATIVE CONSTRUCTION AND REIlVIBURSEMENT AGREEMENT -Page 6 of 13 City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 All parties constituting DEVELOPER: c/o Primeland Development Company, L.L.P. Attn: Frank Varriahe, President Varriale Construction, Inc., Managing Partner 3120 West Belltower, Suite 100 Meridian, Idaho $3642 And: c% Derick O'Neill, Managing Member Treehaven, LLC 2242 E. Riverwalk Drive, Suite 200 Boise, Idaho 8370b And: c/o David Turnbull Brighton Development, Inc. 12501 West Explorer Drive, Suite 200 Boise, Idaho 83713 Such notice shall be deemed delivered if and when delivery is accepted or three (3) days after deposit in the [Jnited States Mail. Either party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. Governing; Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho and the ordinances of the City of Meridian. 18. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. 19. Entire Agreement. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to any other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. 20. Definition of CTl'Y's Property. The term "Cl'TY's Property" in the Agreement shall mean the parcels shown on Exhibit "A" attached hereto. COOPERATIVE CONSTRUCTION AND REIIVIBURSEMENT AGREEMENT -Page 7 of 13 • . 21. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by DEVELOPER of DEVELOPER'S Property. 22. Reports and Information. At such times and in such forms as the CITY may require, DEVELOPER shall furnish to CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. Such reports shall be at the sole cost of the CITY and not the DEVELOPER. 23. Audits and Inspections. At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of DEVELOPER's records with respect to all matters covered by this Agreement. DEVELOPER shall permit the CITY to audit, examine, and copy 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. All such audits and examinations shall be at the sole cost of the CITY and not the DEVELOPER 24. 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 Agteement is reasonably capable of completion. 25. Approval Required. This Agreement shall not become effective or binding until approved by CI'T`Y. IN WITNESS WHEREOF, the parties shall cause this Agc~ment to be executed by their duly authorized officers the day and year first shave written. DEVELOPER: BRIGHTO DEVELOPMENT, INC. By: David Turnbull, President 2 (~"~ cam-t~g~ ~2,cx~7 Date TREEHAVEN, LLC, By: Derick O'Neill, Managing Member Dated: ~ a`~b1 O'7 COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 8 of 13 • . PRIMELAND DEVELOPMENT COMPANY, L.L.P. By: Varriale Construction, Inc., Managing Partner By: ' Frank S. Varriale, President CITY: ~i~ 4G ~~ ZOp'~ Date BY: - ,~ l0- 26 -D 7 TANIlVIY de RD, MAYOR Date ``~~,,,,a ~ ~~ ~ ~~~, v1.~G i6~ G'i!3 Cv~r+rc..fi `®-26~-,D7 Attest: ,.~`~.~y ~ ''~. G. BERG, JR., :~ i~„ ~ 'Rii F © S 1 ~~ - '~ w T ~~ `' T t ~$.~ • ~ ~~T~ ~`. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 9 of 13 • STATE OF IDAHO ) } ss County of Ada ) On this day of ~ ~+ -b1o~_ 2007, before me the undersigned, a Notary Public in and for said State, personally appeared DAVID TURNBLTLL, known or identified to me to be the President of the corporation Brighton Development, Inc., that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my h/c~~d affixed mX official seal the day and year first above written ~ : ~pT A~ii! r.S~~ ~•~, s~ :,_ 9 STATE OF IDAHO ) )~ County of Ada } +. ~~~ "~~:..• Commission Expires:, On this ~~ day of ,~~~. es~ 2007, before me the undersigned, a Notary Public in and for said State, personally appeared DERICK O'NEILL, known or identified to me to be the Managvag Member of the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN V"i~ITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. KIMBERLY WINKLE Notary Public State of Idaho COOPERATIVE CONSTRUCTION AND REI1VlBURSEMENT AGREE~'I' -Page 10 of 13 • STATE OF IDAHO ) ss County of Ada ) On this ~l~.s day of ~l e ~ , 2007, before me the undersigned, a Notary Public in and for said State, personally appeared FF;ANK VARRIALE, known or identified to me to be the President of Varriate Construction, Inc., the Managing Member of the limited liability company that exec~rted the instrument or the person. who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executes the same. 1N WITNESS WI~REOF, I have hereunto set my hand and affixed my official seal the day and year first above written. KIMBERLY WINKLE Notary Public State of Idaho Otary Public Residing at: Commission I STATE OF IDAHO ) )~ County of Ada ) On this 2.1D~''' day of U~ ~,,:,~ , 2007, before me the undersigned, a Notary Public in and for said State, personally ~. TAMMY DE WEERD and WILLIAM G. BERG, JR, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, who executed the within instnunent and acknowledged to me that they executed the same on behalf of the City of Meridian IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. i Notary Public or I o Residing at: L~JCk.I l b Commission Expires: I(~-1 hl y COOPERATIVE CONSTRUCTION AND REIlViBURSENlE'NT A~ -Page 11 of 13 • EXHIBIT ~A" ~- w~ ~~ ~'`"_ C~ COOPERATIVE CONSTRUCTION AND REIIvIDURSENIENT AGREEMENT -Page I2 of 13 I i I - .V..-~. L . .• i i T" f --_ -- - - _-__ I_.. _ _ _ _ _ ~' b$~- i i .. L _ _ ~._. __ I ~ ~ ~.1 R-8 RUT i ` ! ~ • i 1 ~ i EXHIBIT A ..r- - --- --?•--~-. - .~. ~. • _ i i ~ _ _.~~ ,1„ TREEHAVEN. LLC R-15;~ ~ ~ ~ R-16 ~ i ~ i I ' i } --~.-~1 -i i I~ I R-B I _ ~.. '~Ra$ -~, ~ . - y~ 6 ~. ~\ ~" ~e /• ~- :~ J \~ j i ~ -- j ~ i BRIGHTON DEVELOPMENT INC. ~^~...,r„ ~ _ _._ ~-j- G -°~-_---- f, - --- -~- -r---- r ` PRIMELAND DEVELOPMENT CO. LLP { R-4 ~ i ! ; i ;~ ; ' ~` ~ '~ I __ i ~ !~ ~,~ ~ f~ ~ , I : ;, .,z, I r--! ~-----.~i, 1-~ °`X{ __ i I ~ ------- -~ ~_...r.._ .r._ ,,.u., .... _ ~.. ~ I ~-- -~ , ' ~ .` ~ i I i •<'~_; ..~...-~ 1''- ~ ~~ c.___.~ ,, • EXHD3Tf i°B" • COOPERATIVE CONSTRUCTION AND REIlVIBUR.SENIENTAGREEMENI -Page 13 of 13 October 19, 2007 FP 07-026 MERIDIAN CITY COUNCIL MEETING October 23, 2007 APPLICANT TreehCtven, LLC ITEM NO. 8 REQUEST Tabled from October 16, 2007 -Request for Final Plat approval for 140 single-family building lots and 21 common lots on 89.70 acres in R-2, R-8 and R-15 zones for Jayker Subdivision No. 1 - 4042 West Chinden Boulevard AGENCY 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 previous Item Packet /Minutes See attached Staff Comments ~~~ -~-~ i ~-~-o~ OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shah become property of the City of Meridian. October 19, 2007 FP 07-032 MERIDIAN CITY COUNCIL MEETING October 23, 2007 APPLICANT Canterbury Commons, LLC ITEM NO. 9 REQUEST Tabled from October 16, 2007 -Request for Final Plat approval for 192 multi-family units on 48 bldg lots and 1 common lots on 13.99 acres in an R-15 zone for Canterbury Commons south of West Pine & east of North Ten Mile AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See previous Item Packet /Minutes See Requesf for continuance See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubpc meetings shall become property of the City of Meridian. • October 19, 2007 FP 07-033 MERIDIAN CITY COUNCIL MEETING October 23, 2007 APPLICANT Ahlquist Development, LLC ITEM NO. 10 REQUEST Final Plat approval for 5 commercial building lots and 1 other lot on 6.67 acres in a C-G zone for Gardner Ahlquist Subdivision No. 2 - SEC of Eagle Road and Franklin Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See attached Staff Comments No Comment See attached Comments Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian: C~ BEFORE THE MERIDIAN CITY COUNCIL C/C October 23, 2007 IN THE MATTER OF THE APPLICATION OF AHLQUIST DEVELOPMENT, LLC FOR FINAL PLAT APPROVAL OF 5 COMMERCIAL BUILDING LOTS AND 1 OTHER LOT ON 6.67 ACRES IN A C-G ZONE LOCATED ON THE SOUTHEAST CORNER OF EAGLE ROAD AND FRANKLIN ROAD IN A PORTION OF MONTVUE SUBDIVISION BOOK 17 PAGE 1107-1108 IN THE NW 1/a OF THE NW '/ OF SECTION 16, T. 3N., R. lE. CASE NO. FP-07-033 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on October 23, 2007, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: October 23, 2007, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING GARDNER-AHLQUIST SUBDIVISION NO. 2 LOCATED IN A PORTION OF MONTVUE SUBDIVISION BOOK 17 ORDER OF CONDTTIONAL APPROVAL OF FINAL PLAT FOR GARDNER-AHLQUIST SUBDIVISION N0.2 / (FP-07-033) Page 1 of 4 • PAGE 1107-1108 IN THE NW 1/ OF THE NW 1/ OF SECTION 16, T. 3N., R. lE., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: 09/12/07, SHEET 1 OF 3, TIlVIBERLINE SURVEYING, PLLC", AHLQUIST DEVELOPMENT, LLC, Developer, is ConditionallyApproved subject to those conditions of Staff comments asset forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: October 23, 2007, listing 17 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 13 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Timberline Surveying , PLLC, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements of the Council taken at their October 23, 2007 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to ORDER OF CONDTTIONAL APPROVAL OF FINAL PLAT FOR GARDNER-AHLQUIST SUBDIVISION N0.2 / (FP-07-033) Page 2 of 4 ! • discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS 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 maybe filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GARDNER-AHLQUIST SUBDIVISION N0.2 / (FP-07-033) Page 3 of 4 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days 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 of_~I~cr , 2007. ATTEST: ~..~f~~ WILLIAM G. BERG, a3rcJ day \~tliillilddldd$ ~ ~///~ a\\,.`~~~~ ~~. +~s~°~YO~RI/T de WEERD '~" '~ ~' fie, ~~~ -,. _ ~ ~~~ C `~ /0,//,l~dd+PltPl IIi111\\\\t'a Copy served upon: ~,~''~ Applicant _ Planning Department Public Works Department City Attorney By ~~ ~~ Dated: ' ~ ~ ~~-~~ i Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GARDNER-AIiLQUIST SUBDIVISION N0.2 / (FP-07-033) Page 4 of 4 CITY OF MERIDIAN PLA~ING AND PUBLIC WORKS DEPART~NTS STAFF REPORT STAFF REPORT: Meeting Date: October 23, 2007 Transmittal Date: October 18, 2007 TO: Mayor and City Council E IDIAN~ s~~® FROM: Kristy Vigil, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator S5 208-898-5500 SUBJECT: Gardner - Ahlquist Subdivision No. 2 Request for Final Plat Approval of Gardner - Ahlquist Subdivision No.2 Consisting of 5 Commercial Building Lots and 1 Common Lot on 6.67 Acres in a C-G Zoning District by Ahlquist Development, LLC (File# FP-07-033). We have reviewed this submittal and offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUNIMARY & LOCATION The applicant, Ahlquist Development, LLC, has applied for final plat approval of 5 commercial building lots and 1 common lot on 6.67 acres of land for Gardner - Ahlquist Subdivision No. 2. The zoning district for the proposed subdivision is C-G (General Retail and Service Commercial District). Gardner - Ahlquist Subdivision No. 2 is located on the east side of Eagle Road, approximately % mile south of Franklin Road in the NW % of Section 16, T. 3N., R. 1 E. This property was previously platted as a portion of the Montvue Subdivision. The City Council approved the preliminary plat for Gardner - Ahlquist Gateway Subdivision South on August 28, 2007. The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Gardner - Ahlquist Subdivision No. 2 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved, annexation (AZ-07-010), amended development agreement (MI-07-012), preliminary plat (PP-07-012), private street (PS-07-005), and vacation (VAC-07-012) for this subdivision. 2. If the City Engineer's signature has not been obtained by 08/28/09, the Final Plat approval for this subject phase shall expire. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. Exhibit "A" FP-07-033 Gardner - Ahlquist Subdivision No. 2 FP.doc PAGF CITY OF MERIDIAN PLA~NG AND PUBLIC WORKS DEPARTNTS STAFF REPORT 4. Prior to signature of the final plat by the City Engineer, the applicant shall obtain a recorded agreement which allows the Gardner-Ahlquist properties access to and through the private property located at the southeast corner of the Montvue Park Subdivision (Lot 2, Block 5). The agreement shall reciprocate access to said properly to and through the Gardner-Ahlquist Gateway Subdivisions. 5. The applicant shall construct a 10-foot wide multi-use pathway (with a public use easement for any portion of the pathway located outside of the right-of--way) and install street lights and landscaping along Eagle Road that is consistent with the Eagle Road Corridor Study. Note: The applicant may add an additional 5-feet of sidewalk with tree grates, to the existing sidewalk along Eagle Road to make the 10-foot wide pathway. 6. Prior to signature of the fmal plat by the City Engineer all existing structures shall be removed from the site. 7. Prior to signature of the final plat by the City Engineer the applicant shall vacate all utility and/or drainage easements that do not coincide with the proposed final plat. 8. The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy within the proposed development. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 10. The applicant shall obtain Certificate of Zoning Compliance and Administrative Design Review approval from the Planning Department for all new construction on the site. 11. Revise or add the following note(s) on the face of the plat prepared by Timberline Surveying, LLC, stamped on 09/12/07 by Kenneth H. Cook, prior to signature of the final plat by the City Engineer: 7.) Delete note. *.) Add a note addressing the maintenance responsibilities of the landscape buffer adjacent to N. Eagle Road (i.e. -either each adjacent lot owner or the BOA should be responsible). *.) Add note, "This plat is subject to a development agreement recorded as instrument number XJ!::~~±::~XX of Ada County Records." Include the instrument number from the recorded amended development agreement. (*) Add a note, "The bottom elevation of structural footings shall be set a minimum of 12 inches above the highest known normal ground water elevation." 12. The landscape plan, prepared by The Land Group and dated 10/10/07, shall be revised as follows: a. Include the name and address of the developer on the plan. b. Include the stamp and signature approved for construction. c. The 35-foot wide landscape buffer along Eagle Road shall be exclusive of the public right-of--way and impervious surfaces (sidewalks, parking areas, etc.). d. Include the calculations table on the plan. e. Include a plant list that shows the plant symbol, quantity, botanical name, common name, minimum planting size and container, tree class, and comments (for spacing, staking, and installation as appropriate). Exhibit "A" FP-07-033 Gardner - Ahlquist Subdivision No. 2 FP.doc PAGF CITY OF MERIDIAN PLA~NG AND PUBLIC WORKS DEPART~NTS STAFF REPORT f. Label the trees located within the tree grates along Eagle Road. g. The parking areas shown on the plan are not approved with the final plat submittal (see note below). The landscape buffer adjacent to N. Eagle Road is a required subdivision improvement and shall be installed prior to occupancy of the first building. The internal landscaping for the individual lots buildings and the parking areas are not approved with this final plat, they will be reviewed with each individual CZC. Submit three copies of a revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. Said plan shall be consistent with the changes listed above. 13. 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. 14. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 15. Submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 16. The utilities easements for sewer and water on the final plat do not match the easements on the construction drawings. The applicant shall work with the public works department to extend the need easements to cover all sewer and water lines. 17. 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. Exhibit "A" FP-07-033 Gardner - Ahlquist Subdivision No. 2 FP.doc PAGF CITY OF MERIDIAN PLA~NG AND PUBLIC WORKS DEPART~NTS STAFF REPORT 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-SC-1. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 7. 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. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. 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. 12. 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. 13. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. STAFF RECOIVINIENDATION Staff recommends approval of the final plat for Gardner - Ahlquist Subdivision No. 2 (FP-07-033) with the above stated comments and conditions. Exhibit "A" FP-07-033 Gardner - Ahlquist Subdivision No. 2 FP.doc PAGF • "~'llYll~E1~L,INE SL7I~VEYING PLLC October 23, 2007 City of Meridian 660 E. Watertower, Suite 202 Meridian, Idaho 83642 Atn. Kristy Vigil Re: Gardner Alilquist Gateway Subdivision #2 Staff Report Ms. Vigil, This letter is to confirm that Gardner Ahlquist Development is in agreement with the Gardner Alilquist Gateway Subdivision #2 final plat staff report with the following notes. Site Specific Condition # 4 has already been complied with. Staff has a copy of said "recorded agreement" within their possession. Likewise, Site Specific Condition # I S also has been complied with. Staff has a copy of the preliminary/final street name approval from the Ada Cowrty Street Nanning Committee within their possession. h Pame M. Hall, Tanner 847 Park Centre Way, Suite 3 ~ Nampa, ID 83651 ~ Ph: 208-465-5687 ~ Fax: 208-465-569Q GA Gatcwa~~ FP 2 agreement with staff report CC IOZ307 ISxhibtt "6" • October 14, 2007 FP 07-034 MERIDIAN CITY COUNCIL MEETING October 23, 2007 APPLICANT AA2 Land, LLC ITEM NO. 11 REQUEST Final Plat approval for 14single-family building lots and 2 common lots on 5.08 acres in an R-4 zone for Quarterhorse Subdivision - 710 N. Black Cat Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: see attached star tteport l able_ +o i ~ zo No Comments See attached Comments Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the CNy of Meridian. October 19, 2007 MERIDIAN CITY COUNCIL MEETING PP 07-014 October 23, 2007 APPLICANT Kuna Victory, LLC ITEM NO. ~ Z REQUEST Continued Public Hearing from 10/2/07 -Request for Preliminary Plat approval for 34 commercial retail building lots and 1 common lot on 17.84 acres within the C-G zone for Emerson Park Commercial -2910 8~ 3030 South Meridian Road & 110 East Victory Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See cftached P8~Z Item Packet / Minutes (~re~ ire ~r~~~, ~ ~pr-~~ Date: Phone: _ Staff Initials: Materiels presented at public meetings shall become property of the City of Meridian. U • October 19, 2007 PFP 07-003 MERIDIAN CITY COUNCIL MEETING October 23, 2007 APPLICANT Carmen, LLC ITEM NO. 13 REC~UEST Continued Public Hearing from October 2, 2007 -Request for a Combined Preliminary /Final Plat approval of 4 commercial lots on 6 acres located in the C-G zoning district for Intermountain Outdoor Subdivision - 1351 & 1375 East Fairview Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached P&Z Item Packet / MlnuFes See attached Recommendations ~reprn..re~ ~~rtd~`~' ~ ~,~r~~ See attached Affidavit of Posting Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. October 19, 2007 AZ 07-006 MERIDIAN CITY COUNCIL MEETING October 23, 2007 APPLICANT Stanley Consultants ITEM NO. 14 REQUEST Continued Public Hearing from October 16, 2007 -Request for Annexation and Zoning of 94.69 acres from RUT To C-G zones for Pinebridge -south of East Fairview Avenue, east of North Locust Grove Road and west of North Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: Ses previous Item Packet /Minutes See attached Recommendaflons CITY FIRE DEPT: ~] ~ ~~~ CITY BUILDING DEPT: ~~ "`~- CITY WATER DEPT: \~ CITY SEWER DEPT: ~~ CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~J Size Frequency Cost per month 1 - 95 gallon cart 2x per month $ 14.00 1 - 95 gallon cart 1 x per week $ 22.25 2 - 95 gallon carts 1x per week $ 25.25 3 - 95 gallon carts 1x per week $ 28.25 4 - 95 gallon carts 1x per week $ 31.25 5 - 95 gallon carts 1 x per week $ 34.25 6 - 95 gallon carts 1x perweek $ 37.25 1 - 5 CY container 2x per month $ 48.00 1 x per week $ 60.00 2x per week $ 96.00 3x per week $132.00 4x per week $168.00 5x per week $204.00 The rate structure indicates that cart service will occur for all customers on the same day of the week. This will allow for efficient use of the collection vehicle. For the five cubic yard container service the customer will only have a single container but will be serviced as many times per week as necessary to meet their needs. Other Issues: Schools and businesses may be required to construct enclosures as per City Code. Janitorial staff will need to clean up milk and soda spills around the containers. Contaminants may cause the program to end at a particular location ~ ! CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE October 23, 2007 ITEM # ~q PROJECT NUMBER PROJECT NAME SSC COmmerClal Rate Change PLEASE PRINT NAME FOR I AGAINST (NEUTRAL ~it~ ®f 11!Ieridian October 19, 2007 MERIDIAN CITY COUNCIL MEETING October 23, 2007 APPLICANT ITEM NO. 2O REQUEST F~cecutiye Session per Idaho State Code b7-2345(1) (a) 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 MER{DIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Inifials: Materials presented al public meetings shop become properly of the Cpy of Meridian. RECI~~~ OCT 2 ~ 2007 Q~M~~~ ~~y +~l~k ~C~ MAYOR Tammy de Weerd CITY COUNCII. MEMBERS Keith Bird joe Borton Charles Rountree David Zaremba CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 /fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 /fax 888-6844 Police 1401 E. Watertower Lane 888-6678 /fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 /fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2355 N.W. 8th Street 888-5242 /fax 884-1159 DELIQUENCY FOR TURN OFF Schedule for October 23, 2007 Cycle 1 MAYOR: This letter attests to the fact that no water users have requested a pre termination hearing for October 23, 2007. Users having delinquent utility bills will be shut off on October 24, 2007. The total amount past due is $ 13,026.16. The number of past due customers is 133. Jaycee Holman Billing Manager CITY HALL 33 EAST IDAxO AvEN[rE MERInrAN, IDAxO 83642 208} 888-4433 Q7'Y CLERK-FAX888-4218 CITY ATTORNEY / HR-FAX 884-8723 FINANCE & UTILITY BILLING- FAX 887 13 MAYOR'S OFFICE -FAX 884-8116 .- CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 1 Standard Payment Customers Oct 23, 2007 04:30pm Current Period: 11/05/2007 -Transactions Included Through: 11/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Report Criteria: Terminated customers not included Customer.Cust No () _ {<}7700000001 Customer.Bill Cycle = 1 Customer.disconnected = No Customer.shut off list = No Ref No Cust No Name /Service Address Past Due Balance 1 22.51.2648.02 A SHADE BETTER PAINTING 181.81 409.23 655 KING ST E 2 24.04.0868.02 ABEL, MICHAEL 62.35 179.55 2786 EBBTIDE CT W 3 32.55.1544.01 AP EAGLE VIEW LLC 172.08 357.39 3085 MAGIC VIEW DR E 4 35.43.0224.01 BEACH, DERRON 8~ SUMMER 54.29 130.07 1635 SAGEMOOR DR E 5 46.16.1508.02 BECK, JAMES 56.67 176.21 2156 SICILY ST E 6 30.74.2852.03 BENHAMIDA, KARIM 128.94 289.20 547 SPOONBILL AVE S 7 24.03.0414.02 BENNETT, SHANE 8 MELANIE 75.06 144.59 627 TALL PINE PL N 8 22.51.2623.01 BENTLEY, DONALD 73.03 181.92 SPK - 505 KING ST E CORNER 9 24.04.1452.04 BITHELL, KEITH II ~ JENNIFER 76.72 219.32 1273 CLARA AVE N 10 23.02.1800.02 BOLTON, TERESA 69.22 139.37 1501 2ND ST W 11 20.46.0468.01 BORCHARDT, KEVIN 8~ TINA 53.67 137.35 1071 FILLMORE WAY N 12 45.25.0307.03 BOULLY, MISTIE 90.97 142.05 1411 SICILY ST E 13 37.37.3284.04 BOYENGER, ERIC 56.53 109.06 2949 BEAR CLAW WAY S 14 25.05.0214.01 BRADY, ROGER 103.74 243.90 3848 PARK CREEK DR W • • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 2 Standard Payment Customers Oct 23, 2007 04:30pm Current Period: 11/05/2007 -Transactions Included Through: 11/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 15 25.05.0312.01 BRASFIELD, WILLIAM B. 81.80 203.13 1235 NOTEL CREEK PL N 16 36.36.1072.02 BRAUN, ERICA 67.40 91.16 670 FALLINGBRANCH DR E 17 22.51.3039.02 BRAY, KIM 61.59 89.59 SPK - 269 5TH AVE E 18 23.01.0491.01 BROADWAY ESTATES CONDOMINIUM 116.68 241.60 SPK - 724 BROADWAY AVE W 19 30.74.3810.01 BROWN, ROBERT 80.54 131.73 1020 WALTMAN DR W 20 22.50.1910.04 BYLER, J. 8~ MCNEES, B. 65.61 112.63 1578 PENRITH PL N 21 23.02.4590.01 CARNAHAN, JOHN 61.32 140.27 1231 13TH ST W 22 23.01.1160.03 CARNEY, JESSE 50.85 91.04 32 IDAHO AVE W NO ARRANGEMENTS ALLOWED PER THE OWNER!! 23 22.50.0354.01 CARSTENSEN, DENNIS .74.39 153.59 416 CARLTON AVE E 24 20.46.4527.02 CASE, MICHAEL 8~ HOWARD, JENNY 72.93 121.87 3512 CONGRESSIONAL DR E 25 22.50.2074.04 CHAVEZ, ERNIE & CONOVER, MARY 58.32 141.65 1414 STONEHENGE WAY N NO ARRANGEMENTS ALLOWED UNTIL 5/8/08 & CASH ONLY UNTIL 5!9/08 DUE RETURNED CHECK FROM 4/30 ARRANGEMENT AND BROKE ARRANGEMENT MADE FOR 5R/07. 26 22.51.3370.01 CLARK, M. 8~ SIMPSON, B. 70.88 132.10 223 3RD ST E NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE OWNER!!! 27 23.02.1300.01 CLEVENGER, LAURIE 88.23 138.85 1632 1ST ST W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 3 Standard Payment Customers Oct 23, 2007 04:31 pm Current Period: 11/05/2007 -Transactions Included Through: 11/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address 28 23.02.2110.04 CLOUGH, PAMELA 223 CAMELLIA AVE Past Due Balance 50.58 93.48 29 22.50.4486.04 CORNMESSER, JEREMY 82.14 176.24 520 PINE AVE E 30 24.04.0120.03 CORONA, JUAN 8~ SANDOVAL, R 58.58 118.84 933 HAVEN COVE PL N 31 23.02.3702.02 CROW, ED & KARA 121.14 168.13 1635 MERIDIAN ST 32 24.03.0386.03 CRUZ, CART R 55.07 119.82 1954 SLATON DR W 33 37.37.4214.03 CULLY, TAMMY 78.94 134.91 2025 BEARTOOTH WAY S 34 20.46.0330.03 CURTIS, MICHAEL 8~ DEANNA 64.25 121.81 3524 EISENHOWER DR E 35 22.50.4574.03 DA ROSH, JOE 58.08 100.98 220 PINE AVE E 36 23.02.6890.02 DAVIS, DOUGLAS 92.64 144.47 1027 CARLTON W 37 45.20.0618.02 DEVLIN, CHRISTOHPHER 55.62 87.64 3264 ASCAINO AVE S 38 30.74.0080.01 DIAMOND, KIMBERLY 63.92 148.67 513 KEARNEY PL 39 35.43.0215.02 DO, CODY 94.56 158.10 1715 SAGEMOOR DR E 40 37.50.0712.02 EVANS, RICHARD & REBECCA 64.05 134.28 2839 APPIA PL S 41 20.46.0634.04 FEHR, JAKE 52.31 84.02 1024 PRINCIPLE WAY N NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE OWNER!!! 42 30.74.2568.02 FINLEY, JEFFREY 95.11 174.79 975 PENNWOOD ST W • ` ,- , CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 4 Standard Payment Customers Oct 23, 2007 04:31 pm Current Period: 11/05/2007 -Transactions Included Through: 11/05!2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 43 30.74.2938.06 GALLEGOS, BRANDON ~ TIFFANY 50.26 116.92 1432 PINTAIL DR W 44 35.35.0050.03 GASH, MICHAEL ~ KIMBERLEE 99.01 164.67 2554 GREEN CANYON DR E 45 30.74.0384.03 GENTHER, RODNEY & JESSICA 72.78 120.72 656 FULMER CT 46 24.04.2234.02 GOODVVIN, MICHAEL 8~ SUSAN 87.69 165.92 1700 SUNNY SLOPE DR W 47 25.25.0112.04 GROSS, JEFF & CAROL 96.57 155.13 3258 WAVE DR W 48 24.03.0034.01 GROUND, JENNIFER 54.46 125.24 2188 DAYTON DR W 49 24.04.1746.01 GUERRA, AMY 151.75 234.83 2664 WILLARD ST W 50 37.37.3250.04 HAND, KENNETH & LISA 52.65 84.52 2660 BEARTOOTH WAY S 51 24.04.0566.02 HEILLER, JAMES 50.05 82.62 3110 FORECAST ST W 52 30.74.0106.05 HERRMANN, MICHAEL 83.15 195.44 580 LYNHURST PL 53 23.02.2880.02 HOFFMAN, DOROTHY 87.81 207.13 608 WASHINGTON AVE W 54 24.04.1908.02 HOOVER, JAKE 8~ MATHIS, CINDI 123.21 237.41 1533 TOKAY WY N 55 22.50.0678.01 HOOVER, LYND M 141.96 366.40 1318 4TH ST E 56 22.50.0226.01 HOWELL, JAMES 191.76 260.08 234 8 236 STATE AVE E 57 35.38.0112.01 HUDDELSTON, J 8~ TORRES, R. 122.31 172.16 3143 CONDA AVE S 58 30.30.5012.02 HUDSON, JOYCE 63.07 174.62 815 ALDEN DR W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 5 Standard Payment Customers Qct 23, 2007 04:31 pm Current Period: 11/05/2007 -Transactions Included Through: 11/05/2007 ShutofF Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 59 20.47.1228.03 HUNT, RYAN 68.93 107.75 4158 STONEBRIDGE DR E 60 23.02.0422.04 JACKMAN, CHRIS ~ KILE, TERESA 95.95 174.50 579 CRITERION ST W IF SHUT-OFF RNTR PAYS TOTAL DUE + FEE FOR TURN-ON 61 36.68.0046.01 JACOBSEN, JASON ~ LIANNA 80.26 135.40 1260 TIME ZONE DR E 62 25.25.0158.03 JONES, ANDREW 63.52 166.55 3265 WAVE DR W 63 23.01.0940.08 JOSLEYN, WAYNE 8 ELIZABETH 68.29 138.82 6152NDSTW 64 23.01.2720.02 JOY, JENNIFER 76.96 132.21 1535 BIDDICK ST W 65 30.74.3242.01 KESSLER, JACK & MEYERS, CINDY 88.57 144.18 439 PELICAN WAY S 66 24.04.2320.02 KUENZLI, JULIE R. 73.71 205.42 1516 VINEYARDS AVE N 67 24.03.0814.03 LAFOLLETTE, BILLY RAY 89.72 144.89 2561 SNYDER ST W 68 20.46.0372.03 LARSEN, PAUL 76.11 150.94 1057 CAUCUS WAY N 69 24.04.0682.03 LAWTON, MATHEW 8~ LISA 52.70 119.34 1124 LIGHTNING PL N 70 36.36.1030.01 LINDA VISTA CONSTRUCTION 78.11 160.68 2922 ANDROS WAY S 71 23.02.4520.02 LONG, JODIE 68.73 155.08 1409 13TH ST W 72 23.02.2280.03 LOVELESS, EVELYN 114.32 181.99 201 CHERRY AVE 73 23.02.0402.01 LUBACKY, DANITA 95.93 208.00 912 WEST 7TH AVE N 74 24.04.1800.05 MADOLE, MADELENE 79.87 139.28 2424 SANTA CLARA DR W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 6 Standard Payment Customers Oct 23, 2007 04:31 pm Current Period: 11/05/2007 -Transactions Included Through: 11/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name 1 Service Address Past Due Balance 75 30.30.6348.02 MARTINEZ, BRIAN ~ 80.24 141.71 901 BROOK TROUT WAY S 76 30.74.3628.03 MARTINEZ, RICHARD 84.90 155.10 1035 EIDER DR W 77 24.04.1674.04 MASONHEIMER, STEVE 51.43 197.74 1572 HAVEN COVE AVE N 78 35.35.3038.03 McDERMOTT, RYAN K. & KERI K 55.45 93.58 2089 HORSE CREEK ST E 79 23.02.3660.02 McFADDEN, CLEORA 85.04 135.68 115 WASHINGTON AVE W 80 20.46.0198.03 MESERTH, ANDY 53.11 121.84 3583 PRESIDENTIAL DR E 81 35.35.1442.04 MORONI, ALESSANDRO 80.05 136.01 3026 CRATER PL S 82 24.03.0808.01 NASADOS, JAMES 82.06 148.35 689 OCEAN AVE N 83 30.74.2690.03 NELSON, JOSEPHINE 81.49 227.33 152 CRESTWOOD DR S 84 35.35.5026.04 NEWELL, JONATHAN 88.43 146.28 2922 GOLD BAR AVE S 85 25.95.0919.02 NEWMAN, JAMES 8~ ERICA 58.05 131.03 4203 DOVER DR W 86 35.64.0022.04 OSTLER, FRED 8~ VICKI 52.97 110.82 3077 GRIMES CREEK AVE S 87 46.17.0706.02 PEARCE, ANDREW 8~ LAURA 50.48 105.11 3896 NAPLES AVE S 88 45.20.0906.03 PEARCE, ROB & KATY 72.05 147.92 3363 POMPEI AVE S NO ARRANGEMENTS FOR THE RENTERS PER THE OWNER!!! 89 37.72.0128.02 PENA, ROSE 121.94 264.23 1928 GULL COVE PL S 90 23.01.3130.02 PETERSON, JIM 249.99 373.56 935 PINE AVE W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 7 Standard Payment C ustomers Oct 23, 2007 04:32pm Current Period: 11/05/2007 -Transactions Included Through: 11/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 91 30.74.3012.01 POFELSKI, MARK 8~ ABBY 56.46 168.10 677 CANVASBACK WAY S 92 30.30.5006.03 RICKS, TERRI 52.10 214.94 197 WEST 8TH AVE S NO ARRANGEMENTS ALLOWED FOR RENTER (RICKS) UNTIL 8/21/08-USED 2ND ONE ON 9/19/07 93 24.04.2006.02 ROBINSON, RICHARD & 107.95 240.76 2060 SUNNY SLOPE DR W 94 46.60.0715.04 ROSS, LEANNE 68.70 92.46 3660 BASILICA WAY S 95 35.35.3028.01 ROTTA, JOE ~ DARCIE 56.75 76.47 2715 BAYOU BAR WAY S 96 46.60.0142.01 S 8~ H HOMES 232.94 354.86 3694 LAMONE WAY S 97 23.01.0220.05 SABALA, CHRIS 79.54 121.05 330 BROADWAY AVE W 98 25.05.0720.02 SANTOS, WILLIE 8~ MARIE 113.32 245.98 3508 FIR CREEK CT W 99 30.74.2966.02 SCHLESINGER, ROBERT 8~ 7~41DA 55.62 164.68 548 CINDER RD S 100 23.02.0850.03 SCHREIBER, RICK & DONNA 76.34 136.52 945 11TH ST W 101 34.60.2008.01 SCHROEDER ENT 62.81 87.66 4188 PINE BLUFF DR E 102 22.50.3754.03 SHEW, JACOB 75.12 149.09 1589 BUCHMAN CT E 103 30.74.3248.01 SHIELDS, KELLEY 58.38 138.55 495 PELICAN WAY S 104 24.04.1618.03 SHIMEL, RYAN ~ SARAH 143.97 283.31 2724 WILLARD ST W 105 21.48.8905.01 SPARROWHAWK LLC 2,018.32 3,151.44 SPK -1960 FRANKLIN RD CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 8 Standard Payment Customers Oct 23, 2007 04:32pm Current Period: 11/05/2007 -Transactions Included Through: 11/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 106 23.02.5370.03 STEPHENS, MICHAEL & JEWELYA 133.64 197.95 1425 ELM PLACE 107 20.46.0100.02 STEWART, LARRY 8 RONDA 80.06 165.66 3437 PRESIDENTIAL DR E 108 36.69.1178.02 STOKER, ROGER 113.16 175.96 1943 EAST 3RD WAY S 109 30.30.6132.02 STONEHOCKER, J. ANDREW 51.12 123.68 1383 BROWN TROUT DR W 110 35.65.0230.02 TANNER, BRENDA 62.41 125.77 2429 RIVER DOWNS PL S 111 25.25.0142.04 THOMAS, LEIZA 123.79 155.95 3371 WAVE DR W 112 45.25.0320.02 THOMAS, ROBERT 8 SARA 82.80 153.00 1418 PALERMO ST E 113 25.95.0816.02 TIEDE, DARRIN 8~ STEPHANIE 54.87 107.95 4335 NEARBY ST W NO ARRANGEMENTS ALLOWED UNTIL 10/1/2007. CUSTOMER BROKE 9/29/06 ARRANGEMENTS-DB 114 25.95.1102.02 TRACY, DAVID 8~ STEPHANIE 71.80 152.99 966 CASA LOMA AVE N 115 22.20.0016.02 TROBOCK, LEE 8~ MARY 74.09 106.03 1524 LOCUST VIEW LN E 116 22.50.0680.01 TRUST, LYND HOOVER 54.47 138.12 1320 4TH ST E 117 36.68.0088.02 TRUST, WILFORD 72.31 102.91 2634 WEBER RAPIDS PL S 118 24.04.1930.02 VILLASANA, GUILLERMO 122.27 301.04 1421 VINEYARDS AVE N 119 22.51.3094.03 VNUK, JOHN 52.60 79.14 55 KING ST E NO ARRANGEMENTS ALLOWED FOR SHANE RAINE (RENTER??) AND HE IS CASH ONLY PERMANENTLY. 120 22.51.4214.02 WALLACE, LORI 103.55 132.79 323 BOWER ST E CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 9 Standard Payment Customers Oct 23, 2007 04:32pm Cun'ent Period: 11/05/2007 -Transactions Included Through : 11/05/2007 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 121 24.03.0128.04 WALSH, TIM 8~ JENNIFER 122.90 204.02 710 MINERAL WELLS AVE N 122 25.05.0660.03 WARD, JEFF ~ JEANINE 119.76 310.14 1350 LAUDERHILL WAY N 123 45.20.0321.02 WARDWELL, KEVIN 8 KRISTI 79.25 149.25 3528 MURLO WAY S 124 22.51.2649.01 WELCH, KENNY 65.32 101.69 SPK - 655 KING ST E 125 23.02.3150.04 WELKER, ROBERT 8~ TERESA 72.96 188.60 1203 7TH ST W 126 23.01.1010.05 WEST, JONI & BERT 75.59 160.85 6251ST ST W 127 21.98.0002.01 WHALE, MARY 57.70- 70.21 2660 FRANKLIN RD E 128 25.05.0792.01 1MCK, DON 104.28 237.47 3732 PINE CREEK CT W 129 23.02.5910.02 WILKIN, TYLER 8~ DEBBIE 60.26 169.36 1443 WASHINGTON AVE W 130 "30.74.0338.01 YEAGER, RODERICK S. 85.41 134.61 685 HANOVER CT 131 24.61.0213.02 YOCUM, MICHAEL 8~ KATHERINE 83.69 145.39 870 GRAY CLOUD N NO ARRANGEMENTS FOR RENTERS!!! 132 22.51.3810.02 YOST, PATRICIA 76.44 167.00 330 3RD ST E 133 24.04.0848.02 ZIMMERMAN, BRAD 70.88 138.70 1121 ROPER PL N Grand Totals: 133 Customers Listed 13,026.16 24,601.83