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HomeMy WebLinkAbout2009-06-02(�E IDIZ IAN£- �J Revised 6-1-09 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, June 2, 2009 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll -call Attendance: X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird O Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Clyde Weber with LDS Church: 4. Adoption of the Agenda: Approve 5. Consent Agenda: A. Approve Minutes of April 14, 2009 Pre -Council Meeting: Approve B. Approve Minutes of May 19, 2009 City Council Workshop Meeting: Approve C. Concession License Agreement for Meridian Settler's Park with Will Loverde dba Idaho's Five Star Concessions: Approve D. Lease Agreement with Will Loverde dba Idaho's Five Star Concessions for Concessions Operations at Meridian Settler's Park: Approve E. Approve New Beer and Wine License for EI Tenampa located at 906 North Main Street: Approve Meridian City Council Meeting Agenda — June 2, 2009 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 6-1-09 F. Task Order No. 10002a with CI -12M Hill Inc. for Odor Control Preliminary Desian for Headworks at the WWTP for $36,900.00: Approve G. Award of Bid PW09-014 with Contract Approval with Challenger Companies, Inc for Well 27 Pumping Facilities for a not to exceed amount of $350,767.16: Approve 6. Department Reports: A. Planning Department: 1. Request to Amend Area of City Impact for Boise Ranch Golf Course: Planning to Prepare Letter B. Public Works Department: 1. Agreement for Diamond View Assisted Livina to Hookup to the City of Meridian's Sewer / Water System Outside the City Limits: Approve C. Parks Department: 1. Property Description for Western Ada Recreation Pool Site in Storey Park: Discussed D. City Clerk's Office: 1. Appeal of Temporary Use Permit requirement for Renaissance Day by Jacki Briggs: Approve with Conditions 7. Items Moved from Consent Agenda: None 8. Public Hearing: RZ 09-001 Request for Rezone of 7.65 acres consisting of 25 single-family residential lots and 2 common lots (Lots 1 and 2 and a portion of Lot 3, Block 2; portions of Lots 1 & 10 and Lots 2-9, Block 1, Dove Meadows Subdivision No. 1; portions of Lots 11 & 12 and Lots 13- 24, Block 1, Dove Meadows Subdivision No. 2) from L -O to R-8 for Dove Meadows by City of Meridian Planning Department — various properties in Dove Meadows Subdivision Nos. 1 and 2 zoned L -O: Prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Meeting Agenda — June 2, 2009 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 6-1-09 9. Public Hearing: ZOA 09-001 Request for Zoning Ordinance / Unified Development Code (UDC) Text Amendment to modify and clean up specific sections of the UDC for Outdoor Storage and Parking Unified Development Code Text Amendment by City of Meridian Planning Department - See application for details of all sections proposed for amendments: Approve — Attorney to Prepare Ordinance 10. Public Hearing: 2008 CDBG Action Plan Amendment: Close Public Hearing 11. Resolution No. 09-668 2008 CDBG Action Plan Amendment: Approve 12. Amendment to Ordinance No. 09-1400 A: RZ 08-004 Request for Rezone of 93.64 acres from L -O (Limited Office) and R-4 (Medium Low - Density Residential) to C -G (General Retail and Service Commercial) (25.10 acres), L -O (Limited Office) (10.70 acres), C -C (Community Business) (37.84 acres) and R-15 (Medium -High Density Residential) (20 acres) zones for Volterra Mixed Use by Primeland Development Company, LLP — west of North Ten Mile Road and north of West McMillan Road: Approve 13. Ordinance No. 09-1411 : AZ 08-013 Request for Annexation and Zoning of 32 separate tax parcels owned by 28 different property owners consisting of a total of 55.6 acres that are currently receiving city water and/or sewer service by City of Meridian — Implied Consent — David Purnell: Approve 14. Ordinance No. 09-1412 AZ 08-013 Request for Annexation and Zoning of 32 separate tax parcels owned by 28 different property owners consisting of a total of 55.6 acres that are currently receiving city water and/or sewer service by City of Meridian — Implied Consent - Rigby: Approve 15. Ordinance No. 09-1413 AZ 08-013 Request for Annexation and Zoning of 32 separate tax parcels owned by 28 different property owners consisting of a total of 55.6 acres that are currently receiving city water and/or sewer service by City of Meridian — Implied Consent Leslie R. Schild: Approve 16. Ordinance No. 09-1414 AZ 08-013 Request for Annexation and Zoning of 32 separate tax parcels owned by 28 different property owners consisting of a total of 55.6 acres that are currently receiving city water and/or sewer service by City of Meridian — Implied Consent — Sumfun II: Approve Meridian City Council Meeting Agenda — June 2, 2009 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 6-1-09 17. Ordinance No. 09-1415 : AZ 08-013 Request for Annexation and Zoning of 32 separate tax parcels owned by 28 different property owners consisting of a total of 55.6 acres that are currently receiving city water and/or sewer service by City of Meridian — Implied Consent — Henry & Veldeen Torkelson Trust: Approve 18. Executive Session per Idaho State Code 67-2345(1)(d) — (to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code): Approve Resolution No. 09-669 and Enter into Offsite Sewer Agreement with Frank Stauts. Adjourn at 9:13 P.M. Meridian City Council Meeting Agenda — June 2, 2009 Page 4 of 4 All materials presented at public meetings shall become properly of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. AGENDA NAME 102-cq cl C REVISED {YES/NO) REVISED DATE: BACK TABLE FOR P 6 Z OR CIC DOOR OF CHAMBERS 1� CLERKS STATION CITY COUNCIL SEATS CLERKS WALL CALENDAR 1�ir REPOST /N LOBBY WEBSITE WEBUNK E-MAIL ga Initial: Date: Time: 1. 2. 3. 4. 5. ERIDIAN/,'� Revised 6-1-09 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, June 2, 2009 at 7:00 p.m. `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." Roll -call Attendance: David Zaremba Charlie Rountree Pledge of Allegiance: Brad Hoaglun Keith Bird Mayor Tammy de Weerd Community Invocation by Clyde Weber with LDS Church: Adoption of the Agenda: Consent Agenda: A. Approve Minutes of April 14, 2009 Pre -Council Meeting: B. Approve Minutes of May 19, 2009 City Council Workshop Meeting: C. Concession License Agreement for Meridian Settler's Park with Will Loverde dba Idaho's Five Star Concessions: D. Lease Agreement with Will Loverde dba Idaho's Five Star Concessions for Concessions Operations at Meridian Settler's Park: E. Approve New Beer and Wine License for EI Tenampa located at 906 North Main Street: Meridian City Council Meeting Agenda — June 2, 2009 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 6-1-09 F. Task Order No. 10002a with CH2M Hill Inc. for Odor Control Preliminary Design for Headworks at the WWTP for $36,900.00: G. Award of Bid PW09-014 with Contract Approval with Challenger Companies. Inc for Well 27 Pumping Facilities for a not to exceed amount of $350,767.16: 6. Department Reports: A. Planning Department: 1. Request to Amend Area of City Impact for Boise Ranch Golf Course: B. Public Works Department: I. Agreement for Diamond View Assisted Living to Hookup to the City of Meridian's Sewer / Water System Outside the City Limits: C. Parks Department: 1. Property Description for Western Ada Recreation Pool Site in Storey Park: D. City Clerk's Office: 1. Appeal of Temporary Use Permit requirement for Renaissance Day by Jack! Briggs: 7. Items Moved from Consent Agenda: 8. Public Hearing: RZ 09-001 Request for Rezone of 7.65 acres consisting of 25 single-family residential lots and 2 common lots (Lots 1 and 2 and a portion of Lot 3, Block 2; portions of Lots 1 & 10 and Lots 2-9, Block 1, Dove Meadows Subdivision No. 1; portions of Lots 11 & 12 and Lots 13- 24, Block 1, Dove Meadows Subdivision No. 2) from L -O to R-8 for Dove Meadows by City of Meridian Planning Department — various properties in Dove Meadows Subdivision Nos. 1 and 2 zoned L -O: 9. Public Hearing: ZOA 09-001 Request for Zoning Ordinance / Unified Development Code (UDC) Text Amendment to modify and clean up specific sections of the UDC for Outdoor Storage and Parking Unified Development Code Text Amendment by City of Meridian Planning Meridian City Council Meeting Agenda — June 2, 2009 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 10. 11. Revised 6-1-09 Department - See application for details of all sections proposed for amendments: Public Hearing: 2008 CDBG Action Plan Amendment: Resolution No. Amendment: 2008 CDBG Action Plan 12. Amendment to Ordinance No. 09-1400 A: RZ 08-004 Request for Rezone of 93.64 acres from L -O (Limited Office) and R-4 (Medium Low - Density Residential) to C -G (General Retail and Service Commercial) (25.10 acres), L -O (Limited Office) (10.70 acres), C -C (Community Business) (37.84 acres) and R-15 (Medium -High Density Residential) (20 acres) zones for Volterra Mixed Use by Primeland Development Company, LLP — west of North Ten Mile Road and north of West McMillan Road: 13. Ordinance No. 14. 15. AZ 08-013 Annexation and Zoning of 32 separate tax parcels property owners consisting of a total of 55.6 ac receiving city water and/or sewer service by City Consent — David Purnell: Request for owned by 28 different ,es that are currently )f Meridian — Implied Ordinance No. AZ 08-013 Request for Annexation and Zoning of 32 separate tax parcels owned by 28 different property owners consisting of a total of 55.6 acres that are currently receiving city water and/or sewer service by City of Meridian — Implied Consent - Rigby: Ordinance No. Annexation and Zoning of 32 property owners consisting receiving city water and/or s Consent Leslie R. Schild: AZ 08-013 Request for separate tax parcels owned by 28 different of a total of 55.6 acres that are currently ewer service by City of Meridian — Implied 16. Ordinance No. AZ 08-013 Request for Annexation and Zoning of 32 separate tax parcels owned by 28 different property owners consisting of a total of 55.6 acres that are currently receiving city water and/or sewer service by City of Meridian — Implied Consent — Sumfun II: 17. Ordinance No. AZ 08-013 Request for Annexation and Zoning of 32 separate tax parcels owned by 28 different property owners consisting of a total of 55.6 acres that are currently Meridian City Council Meeting Agenda — June 2, 2009 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 6-1-09 receiving city water and/or sewer service by City of Meridian — Implied Consent — Henry & Veldeen Torkelson Trust: 18. Executive Session per Idaho State Code 67-2345(1)(d) — (to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code): Meridian City Council Meeting Agenda — June 2, 2009 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting June 2, 2009 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, June 2, 2009, by Council President Charlie Rountree. Members Present: Charlie Rountree, Keith Bird, Brad Hoaglun, and David Zaremba. Members Absent: Mayor Tammy de Weerd. Others Present: Ted Baird, Jaycee Holman, Pete Frieman, Kyle Radek, Bill Johnson, Scott Colaianni, Matt Ellsworth, Bruce Freckleton, Steve Siddoway, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird Mayor Tammy de Weerd Rountree: Good evening. I want to welcome you all to the Tuesday, June 2nd, City Council meeting. Roll call attendance, please. Item 2: Pledge of Allegiance: Rountree: If you would all stand and join me in the Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Clyde Weber with LDS Church: Rountree: This evening we are joined by Bishop Clyde Weber to give the community invocation and, please, join us in that and -- or, if not, take this as a moment of reflection. Weber: Heavenly Father, we approach thee this evening in the attitude of prayer and express our appreciation for this fine community, the City of Meridian, where we live and enjoy life and we are especially appreciative of those who have gone before for their efforts and for their sacrifices to make this such a fine community. We are also grateful to the citizens of our great country and the freedoms that we enjoy and we thank thee for that and we pray that thou would bless our servicemen and women who are in the military throughout the world. May they be protected and blessed. And we invoke thy blessing tonight, then, upon this meeting, may we work toward making our community, our city, a better place to live and we pray for our leaders that they might ever strive to do so and these things we pray in the name of the Lord Jesus Christ, amen. Rountree: Jaycee, do you have any pins down there? City pins? Meridian City Council June 2, 2009 Page 2 of 33 Item 4: Adoption of the Agenda: Rountree: Next item on the agenda is the adoption of the agenda. Zaremba: Mr. President? Rountree: David. Zaremba: There are no actual changes requested for the agenda, except that we do need to fill in some blanks. Item 11, the resolution number is 09-668. Item 13, the ordinance number is 09-1411. Item 14, the ordinance number is 09-1412. Item 15, the ordinance number is 09-1413. Item 16, the ordinance number is 09-1414. Item 17, the ordinance number is 09-1415. And with that noted I move that we adopt the agenda. Hoaglun: Second. Rountree: It's been moved and seconded to adopt the agenda. All those in favor? Motion passes. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of April 14, 2009 Pre -Council Meeting: B. Approve Minutes of May 19, 2009 City Council Workshop Meeting: C. Concession License Agreement for Meridian Settler's Park with Will Loverde dba Idaho's Five Star Concessions: D. Lease Agreement with Will Loverde dba Idaho's Five Star Concessions for Concessions Operations at Meridian Settler's Park: E. Approve New Beer and Wine License for EI Tenampa located at 906 North Main Street: F. Task Order No. 10002a with CH2M Hill. Inc. for Odor Control Preliminary Desian for Headworks at the WWTP for $36,900.00: G. Award of Bid PW09-014 with Contract Approval with Challenger Companies, Inc for Well 27 Pumping Facilities for a not to exceed amount of $350,767.16: Rountree: Next item is the Consent Agenda. Meridian City Council June 2, 2009 Page 3 of 33 Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I move that we adopt the Consent Agenda as published and in the case of things that need to be signed, we authorize the Council President as acting mayor to sign and the clerk to attest. Hoaglun: Second. Rountree: It's been moved and seconded to adopt the Consent Agenda. Need a roll call vote. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Planning Department: 1. Request to Amend Area of City Impact for Boise Ranch Golf Course: Rountree: Next item, Department Reports, the Planning Department. Pete, are you going to do that? Okay. Thank you. Friedman: Council President Rountree, Members of the Council, the item you have before you tonight is a request from the owners of the Boise Ranch Golf Course, essentially asking Council to provide some direction or direct staff to provide a letter, in essence, releasing their portion of property that's currently located within our area of city impact. They are desiring to include -- right now the property is split by Meridian and Boise, sharing cities of impact boundaries in there and they are desiring of going into the city of Boise's area of impacts and city -- the Boise utilities run through the property. Mr. Schultz is here representing the owners. It's really not a formal action. What we would be doing or directing him to do is to gain approval from the city to remove it from our area of city impact, go to Boise, essentially, gain their approval and incorporate it into their area of city impact and, then, he can embark on the process of going through the county on both our behalf and the city of Boise's behalf to amend those areas of city impact. The only actions that we would need to follow up on is at some point in the next couple of rounds when we are doing Comprehensive Plan future land use map amendments, if they are successful in getting the county to change those boundaries, then, we would have to amend our future land use map to, essentially, remove this -- this area that's designated public/quasi-public from our plan. But that's a -- not a necessary requisite tonight. Meridian City Council June 2, 2009 Page 4 of 33 Rountree: Thank you, Pete. Matt, did you want to provide us some information? Schultz: Good evening, President and Council. Matt Schultz, RMR Consulting, 2127 South Alaska, representing Wilson Properties, LP. You know, I really see this as maybe a clean up of the Comp Plan. It's an impact when it goes through one property, it's at the end of a sewer run. It's in the Kuna fire district. It's in United Water. And you're going to have those situations as you get around the fringe, but this is truly one of those areas that I think, since the other half of the property is -- already has Boise city service and some current county subdivisions that will be annexed when Boise gets there -- right now I think Boise is up at Victory and, then, they will -- as they come south they will just annex and so we just -- I see this as a clean up. The owner would like to just have one agency or one entity to look at the long term master planning. He's not looking to do anything right now, but he doesn't want to take anything off the table down the road, maybe for his kids or grandkids, if something should change in the market he may -- three or four years ago I guess they did a little sketch of some townhome re -workings at the golf course a little bit. Nothing major. I don't think there is any tax base loss here to Meridian that's of any significance, if that's a concern. And I guess with that I agree with Mr. Friedman that I guess we are looking for a letter or direction from Council to direct staff to write a letter to the city of Boise allowing us to move forward in that process through them and into the county, to release it from your service and impact area. So, with that I'd stand for any questions. Thank you. Rountree: Any questions from Matt? Bird: I have none. Schultz: Thank you. Rountree: Seeing no questions, what's the desire of the Council? Zaremba: Mr. President, I do have a question for Mr. Friedman, if I may. Certainly we have done this before when there was a good reason and I really don't personally see any reason not to do it this time, but the -- my recollection is the other times that we did it we were able to find another little piece that didn't fit and trade. A piece that was in Boise and should have been in Meridian was traded at the same time that we traded this way. As you look up and down our future impact in conjunction with Boise, is there any other piece of property that we should couple with this and say we will give you this if you give us that? Friedman: Thank you, Council President Rountree, Council Members. I don't know of any. When we were going through the process of kind of finalizing the area of city impact boundaries with the county last year, we gave it a pretty good scrutiny, but I would be happy to look into that for you. I don't have a lot of the history about some of those other areas. We thought that we were pretty close when -- when we went to the county last year and we are hoping or hopeful that that would probably be one of the last areas of impact boundary adjustments we do for some time. So, I'd be happy to Meridian City Council June 2, 2009 Page 5 of 33 look into that for you before we write a letter or we can follow up with the city of Boise, if that's appropriate or if that's your wishes. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: If you don't have one that just jumps out at you already, I wouldn't hold it up for that and I realize it was looked at pretty thoroughly last year. So, if something doesn't strike you immediately I wouldn't hold it up for that. Friedman: Okay. Zaremba: Thank you. Hoaglun: Mr. President, follow-up question with Pete. I'm not opposed to doing -- moving the boundaries here for the golf course, but just looking ahead, are we going to have some more properties that -- in this same area that we are going to have to be cleaning up, too, down the road or is this kind of out on its own right now? Friedman: Council President, Council Members, that's a good question. This one just kind of came in at us. We have had some discussions with Mr. Schultz trying to decide for his clients which way they wanted to go. Originally we were possibly talking about some interim sewer service, so that they could eventually annex, but we really haven't been approached by anybody else in terms of wanting to adjust the boundaries. Hoaglun: Okay. Thank you. Rountree: Any further questions? Discussion? Brad, for your education at one point in time this general area was brought to the city for consideration to move it into Boise and it included properties to the west of the Boise Ranch Golf Course and up on the rim. In looking at that fairly recently, it was discovered that it didn't make an awful lot of sense that Boise Ranch was split in two, more or less, by our impact area lines. So, that's why this came forward. Hoaglun: Okay. Makes sense. Thank you, Mr. President. Rountree: So, Matt, I think you have the general direction and, Pete, have the general direction that Council is favorable to this request and you could prepare a letter to that -- Friedman: Would you like that for your signature? Rountree: That would be great. Friedman: Okay. I will be happy to do that. Meridian City Council June 2, 2009 Page 6 of 33 B. Public Works Department: 1. Agreement for Diamond View Assisted Living to Hookup to the City of Meridian's Sewer / Water System Outside the City Limits: Rountree: Thank you. Next item on the agenda is the agreement for Diamond View Assisted Living hookup. Kyle. Radek: Mr. President, Council Members, the applicant Scott Jenkins on behalf of Diamond View Assisted Living is requesting to enter into an agreement with the city to hook up to city services outside the city limits and consent to annex within six months of being contiguous. Currently the applicant has an application in with the county dated for June 11th. The county application is for a CUP to construct a 34,440 foot -- square foot addition to an existing residential care facility that will employ 12 employees and house 111 residents upon completion. The applicant will construct about 1,300 feet of 12 inch water main from the intersection of Eagle and Amity Road to and through the applicant's development. Sanitary sewer to this development will be through a temporary private lift station and force main, which will connect to an existing eight inch line located in Palatino Road in the Pali Subdivision. The applicant has also made a commitment to dedicate 24,470 dollars to the City of Meridian for any necessary upgrades associated with the Pali Subdivision off peak pumping station. This surety can also be used by the City of Meridian for construction costs associated with sewer services to Diamond View Development. Staff is recommending approval of the proposed agreement and now I'll stand for any questions. Rountree: Any questions for Public Works? Kyle. Zaremba: Mr. President? Rountree: David. Zaremba: I appreciate giving it in writing that they are consenting to be annexed in this. The only question I would ask, actually, is of the fire department. Have you had an opportunity to look at their expanding plans and determine water flows or sprinkler systems or anything? Johnson: Councilman Zaremba, Council President, Members of Council, no, I have not personally. I don't know if Deputy Chef Silva or the fire plan reviewers have, but I'm sure that's in the works. We currently provide protection out there, even though they are not in the city limits, they are in our rural. Zaremba: So, you would be satisfied if their plans went ahead? Johnson: Yes. Meridian City Council June 2, 2009 Page 7 of 33 Zaremba: And eventually when we annex them they will comply. Johnson: Yeah. Then, they will have the -- once they get annexed, then, they will have water supply, which will actually be an improvement in our ability to protect out there. Zaremba: Thank you. Rountree: Any further questions? Bird: Mr. President? Rountree: Mr. Bird. Bird: I move that we enter into an agreement with Diamond View Assisted Living for water/sewer hookup outside the city limits and for the president to sign and the clerk to attest. Zaremba: Second. Rountree: It's been moved and seconded to approve Item 6-B-1, the agreement with Diamond View Assisted Living. All those in favor. Opposed? Motion passes. MOTION CARRIED: ALL AYES. C. Parks Department: 1. Property Description for Western Ada Recreation Pool Site in Storey Park: Rountree: Next item on the agenda, Parks Department. Storey Park and Western Ada. Siddoway: Thank you, Mr. President. The Meridian Parks and Recreation Department has been approached by the Western Ada Recreation District regarding the pool site in Storey Park. You have a diagram in front of you on the screen. The yellow line depicts the current property line within which the Western Ada Recreation District owns -- has ownership. As you can see -- let me see if this will work. That's all right. The line runs right through their existing building for the swimming pool and they are proposing that they would like to clean this situation up with a property line adjustment and quitclaim deeds. Mr. Gary Smith is here from Western Ada Recreation District and can speak more specifically if you have questions. At this point we are just looking for direction as to whether this is something we should pursue. There are still outstanding questions that need to be resolved. Because these properties were purchased through -- with land and water conservation fund monies, we need to -- I see a head shaking. Am I incorrect about that, Mr. Bird? Meridian City Council June 2, 2009 Page 8 of 33 Rountree: Actually, LWC monies were spent for the construction of the pool and the park property, as well as the pool property, were donated by the dairy board. Hoaglun: Okay. Rountree: Now, just a point of clarification for those that are confused as to how this could happen, this is an example of how Meridian got to be Meridian, through cooperation and the spirit of needing something and just flat getting it done. This goes back to the early 70s and it's just a happenstance of the community needing a swimming pool and a place to have it and having benefactors in the community to make it happen. So, today when you do something in the park or at the pool, you do a survey to make sure things are square with the world and it just so happens there is a pool improvement being done and a new survey took place and low and behold they didn't quite match up. So, just trying to remedy that. Siddoway: So, the area shown in orange is the area that's proposed to be deeded to the Western Ada Recreation District out of the park. It would have a -- it would result in a slight decrease in the park acreage overall, but the end result would be a much cleaner property line. Mr. Baird, any comments about the involvement or reviews that this would have to go through? Baird: Mr. President, Members of the Council, just a reminder that when the city disposes of any real property, whether it be to another governmental agency, we have to go through a public hearing process, a notice and hearing whereby the Council would direct that the land be deeded. So, I think that's what we are looking for direction from the Council tonight would be whether or not you want us to bring this back for a public hearing in order to quitclaim that orange portion to the Western Ada Rec District. Rountree: Thank you, Ted. Any questions? Comments? Bird: Mr. President, I would -- I think it would be a real nice thing to get it straightened out. I thought we had done it about eight or nine years ago, but evidently it wasn't followed through with. Seeing how both the land for Storey and this was donated by the same outfit, I don't know why it would be a hang up not to go for a quitclaim and give it to Western Ada where it's not taking that much park area for us I don't believe. So, I would be in favor of going ahead with it. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I, too, think it's a good idea. The only thing I would wonder is in the northwest comer depiction of it, that little tiny sliver that sticks out, I'm guessing the two rough circles are trees and I would wonder why the line doesn't just go to the right -- of the right of those two trees. Why is there a couple of foot wide section that sticks out -- yes, you're pointing to the right place. Is there any reason to have that odd little piece? Meridian City Council June 2, 2009 Page 9 of 33 Rountree: No. Zaremba: It seems like the line would be simpler if you just -- Siddoway: I think maybe what we ought to do is as we look into this we can look into how it's likely to be maintained, because that is right where the road does come around and it's probably more easily maintained with the pool property. However that makes the most sense we can make that work. Zaremba: Thank you. Hoaglun: Mr. President, I'd just weigh in on this. I, too, think we ought to be cleaning this up and get them to have the property in the proper place and I think your comments, Mr. President, were appropriate about how we get things done and this stuff comes along and, well, we just got to take care of it when it happens and at the risk of showing my age, I remember when it first opened and we had a PE class there and some kids learned how to swim that first year it was open and it's been a great amenity for this community for a very long time and glad to see it still in operation. Rountree: Any further comments? General consensus from the Council? I see heads nodding to move forward. Let the record show that my head did not nod. Siddoway: Mr. President, we will take that direction, then, and move forward with this, get it scheduled for a public hearing once we have quitclaim deeds ready. D. City Clerk's Office: 1. Appeal of Temporary Use Permit requirement for Renaissance Day by Jack! Briggs: Rountree: Thank you. Next item. City Clerk. Holman: Members of the Council, Council President Rountree, this item is an appeal of a temporary use permit. It's actually a condition of approval that's being appealed for the Renaissance -- Ye Old Renaissance I believe is what it's called. Let me get this in front of me here. Yeah. Ye Old Renaissance Fair 2009. It's -- the applicant's name is Jacki Briggs and she is present here in the audience tonight. The condition of approval that the applicant is appealing is one that. Lieutenant Overton of the police department placed upon this application. I put a copy of the e-mail in front of all of you and I also have a copy of Mrs. Briggs' appeal letter. So, Mrs. Briggs is present, as is the cutlery vendor. His name is Robert Frazier or Bob Frazier with Bob's Cutlery and I believe Mrs. Briggs -- do you want her to come forward, President Rountree, and -- Rountree: If you're through with your comments. Meridian City Council June 2, 2009 Page 10 of 33 Holman: I believe so. Yes. Rountree: Mrs. Briggs, if you would come forward. If you'd give us your name and address for the record. Briggs: My name is Jacki Briggs and I live at 1770 West Oakley in Kuna. 83634. Rountree: Thank you. And you want to tell us the nature of your appeal. Briggs: Okay. I would like to appeal the wording in the condition that Lieutenant Overton placed on it. He did -- I did speak with him and he said that I had the right to appeal to you guys and so he encouraged me to call the city clerk's office, so I did that. The wording does say no outside vendors will be allowed to sell any weapons, such as firearms, guns, or edged weapons, knives, at the city park. And we -- with it being a Renaissance fair we have lots of performers with, you know, swords and reenactment blades and different, you know, medieval weapons that there will be reenacting and stuff. They didn't have a problem with that, but they only had the problem with the actual sale of the weapons, but we would like to appeal that, because we really feel like this is a vital vendor to our event. We've had a lot of interest in it already and so we really feel like he's a valuable vendor. He lives in Meridian here and he is very reputable, he's been at numerous events. I have a list I believe she put before you of events that he's been at and there has been no problems. There is also references and we do have restrictions, even though there is no laws or ordinances pertaining to this, we did agree to go ahead and. be more restrictive than other fairs and say no sale of knives or any shorter blades, just swords, and so we would like to have you guys appeal that and amend that, so that we could allow him to sell at the fair. And I also wanted to extend a formal invitation from her majesty Lady Margrave and if you guys wish to come, get in contact with me and we have a special place for you in the royal tent to be able to watch all the performances. Rountree: Any questions? Comments? Hoaglun: Mr. President? Rountree: Brad. Hoaglun: Just a quick question, Jacki, on here. You said you decided to be more restrictive, would not allow the sale of knives, shorter blades, or other such weapons. When we talk about shorter blades, are we talking pocket knives or what distinguishes a shorter blade versus a longer -- Briggs: Pocket knives. Yeah. Pocket knives and daggers. Yeah. Hoaglun: Okay. Is there a size -- I guess what I'm trying to say -- when you say a long -- I think of a sword and I'm thinking of a lengthy weapon. But, then, when does it not become a sword? I mean at what point? Meridian City Council June 2, 2009 Page 11 of 33 Briggs: I think that Bob would be -- if he would be willing to come up and if you would hear him, he would probably be able to better answer those questions. And, then, as you saw in there, we also added that no one 18 -- you know, younger than 18 would be able to purchase, even though that's not required in the state law and that all weapons would be piece tied. They would be, you know, held down by some kind of device, so that they couldn't be taken off the racks without the dealer and they would be piece tied at -- when they were sold, so -- Rountree: If we could get all your questions taken care of and, then, we will get Mr. Frazier up here. Thank you. Any further questions? Bird: I have none. Rountree: Mr. Zaremba? Okay. Timing's bad on my part. Mr. Frazier. Frazier: Anyway, thank you, President and City Council Members. My name is Robert Frazier. I live at 2069 West Tiano Drive, Meridian. 83646. Anyway, I just wanted to bring up a point -- I know that there has to be laws and regulations for anything and, you know, we totally respect that. I set up regularly at what I listed here. I have never had a problem. I know that like at a Civil War reenactment, if the town were to host one, you know, there would be a guy there selling guns and swords and bayonets to the members of the club, but not the general public, where there would be a thing off to the side, maybe with some toy Civil War soldiers and plastic swords or wooden guns and, you know, I just wanted to see if the city would be willing to like give us a try. I think I'm always invited to go to these, because our -- our setup's a lot -- you know, it's classier than other ones. It's not just a table with all kinds of edge weapons thrown out, you know, without any respect to parents or other people. I know the -- the large swords I sell, the medieval type ones -- I wanted to bring one, but she didn't think it was a good idea. I was going to show you. They are not -- they are not sharpened. I really market it as -- as home decor and it did well -- we went to the Greenleaf Home Show, which was on a -- on school property and when I was invited to go to it the first thing I said was you can -- I don't think you can bring knives or swords onto school property and, you know, they didn't seem to have a problem with it, but what they wanted was to see what we set up and, you know, I showed you everything in the picture, although in the background by the oriental swords you will see that they are hanging on a board there, like it would look in your house. You know, some people would -- you know, they would do a -- a den in their house and, you know, they would kind of have a medieval theme or something in it and they would hang an Excalibur sword or a Celtic sword up there. These swords aren't sharpened. Now, just like anything, I'm sure you could break someone's shoulder or hurt someone with it if you swung it at them and hit them, of course. But, then, again, someone could pick up a rock on the ground and do the same thing, but my only point is we don't sell to minors. We never have. I have -- we have went to other places and other stores tell us, well, you know, I can really sell a knife to whoever I want, I mean there is really not a rule. They kind of stick with 16. We stick with 18 and that's out of the respect of the parents. We will have kids that come up and Meridian City Council June 2, 2009 Page 12 of 33 want to buy them and we will go, well, you know, we are sorry, kid, you're going to have to bring your parent up. I have a lot of returning customers who buy stuff for their -- you know, their kids to display in their room and I think they buy them, because they aren't edged and sharpened. Of course, I can get the ones that are like that, but in this day and time everything like that's way too expensive and no one will buy it. Like if I were to sell medieval swords like you're talking about here, they would be -- you know, a sharpened one that they would call battle ready to where, you know, it would do a lot of damage if someone should swing it, I mean they are in the, you know, six hundred, seven hundred dollar range and, you know, no one's going to pay for something like that. And a lot of people feel safer where you just hang a -- and it's like I said, I market it as home decor, because, really, it is. I have a couple in my house and my wife doesn't like it at all, but they are up there and I have a den and, you know, some people decorate them with guns and some people decorate them with pictures and I decorate my den with, you know, Civil War stuff and medieval swords and fixed blades. So, you know, I was willing to go the extra mile, because I am a citizen of Meridian and, you know, we have to travel all over when we do this and it would be nice to do something so close to my house. I mean I'm a -- I'm a big block away, but I live in Bridgetower and it's over by the Fast Eddie's, the new park, and my kids play soccer and baseball at it and, you know, I was willing to kind of go the extra mile just to talk to you just because I live here and I think our setup is a lot classier than what you're not wanting to have. You know, we -- if you looked at the one picture, even the pocket knives we sell, they are all under a glass case and lock. We wouldn't want someone walking off with them in the first place. You know, the pocket knives are very collectable also and we know a lot of people that collect them. We don't sell like switch blades or automatic, you know, knives, although they are legal here and sometimes I will have -- I will have a client ask me if I can get them and that's to my discretion. You know, if I thought he was, you know, a criminal element or someone that gave you the wrong idea, I wouldn't sell it to them. I have had kids come up and want knives that you could push the button on someone and it would come out and I'm looking at them like, no, I'm not going to -- I'm not going to sell that to you. But, you know, there are collectors who put them in glass case, just like you see in the one picture. The swords I display are on a rack or they are on a -- on a plaque like you see the ones in the back and this is what we are talking about is the medieval swords and some Celtic swords and some of them are like sabers with hilts. Once again, they are not the battle ready type that have a blade that would cut you. Everybody that -- we put up signs everywhere on every table, every three or four feet, please, do not handle the cutlery. Ask for assistance. So, if somebody were to want it, I could pull it off. Now I display them in a fan display where they stick in and they are stuck in hard and they are on top of a table and it's not something someone's going to grab and easily walk off with or go. everything I sell is brand new, so if someone were to buy a medieval sword, it would be packed up in the box and styrofoamed and wrapped in plastic like -- like it is, you know, brand new -- like it would come in brand new. So, from what I understood they were saying they were considering we could sell it like with pictures and, then, if someone could take an order from the picture and I don't think that will work. You know, it's not going to work for me. It's a hard enough sale in the first place. I do have a regular job, I only do this as a -- as Meridian City Council June 2, 2009 Page 13 of 33 a hobby, because I collect cutlery and I don't collect it for weapons to attack people, it's more like I collect it for art or home decor. Rountree: Bob, I'm going to break in at this point before you talk yourself into a hole. Are there questions for you? And I know Mrs. Briggs would like to have a comment. Hoaglun: The question I had -- I posed to Jacki, Bob, is -- you know, their letter talked about they are not going to allow the sale of knives, shorter blades, or other such weapons and what constitutes a shorter blade? I mean what -- what will be sold versus -- you know, if this was allowed, is it anything over 18 inches? Is it anything over two foot? Frazier: I would think we are talking swords, generally, and they would be anywhere from 36 inches to 54 inches. Hoaglun: That's the Conan model; right? Frazier: Yeah. I have a lot of them and we laugh, it's really ridiculous, I really don't think they would have been that long and heavy. They create these and I -- to date I'm a pretty good historian, I think, and I to date have never seen the original -- like Excalibur sword and they sell that and someone makes it up on how it looks and generally they are broad swords and they are long and the majority of them I sell are on plaques anyway, so you would hang it on a plaque on your wall. Or some of them do come with a leather sheath and they constitute -- I would say, you know, mainly we are talking swords. I do sell daggers, you know, different types, but I think in the spirit of the Renaissance fair they want me to sell the medieval type swords. Rountree: Any further question? Bird: Mr. President? Rountree: Mr. Bird. Bird: Mr. Frazier, I notice all the places you go, do you set up in any public parks where playgrounds and stuff are? Have you ever set up in any of those -- Frazier: Yeah. Kuna Days. Bird: Is that in a park? Frazier: That's in a park. We -- generally it's tough. We make good money at it, but, you know, there is kids that are always coming up wanting to touch them, you know, walking off with them and, you know, that's the kind of thing that we don't like. The Greenleaf Home Show was at the school there, it was a private charter school there in the middle of town. All the flea markets are open in the public. The Fruitland show is at the military area right there as you cross over the river to get into Oregon. You know, Meridian City Council June 2, 2009 Page 14 of 33 we kind of fit into that genre, I guess you would call it, where the Western Idaho Fairgrounds, it's a -- it's very full and it is a flea market, antique collectable thing and we are right in the middle and they are all on racks and we have yet to have a problem. But mainly the one -- to answer your question, it would be Kuna Days, which is a park, and it's a daytime activity for two days and it's quite large and there are a lot of public there and there is a playground area. Rountree: Any further questions? Jacki, you had a comment? Briggs: Thank you. I just wanted to make sure we clarified that we were talking about a certain, you know, inch long of sword that we -- he agreed for us to restrict him, even though he does -- that really cuts his business -- his whole partner out of his pocket knives and his kitchen cutlery and all that, that he has agreed to go with the restrictions that we requested. So, we were, you know, really trying to be very careful and even before the police department, you know, had their concerns. So, I just wanted to make sure you guys knew that and clarify it. Rountree: Thank you. Any other comments, questions, regarding this? Hoaglun: Question for Jacki to be sure. So, the participants at this fair will be coming in with their own swords -- Briggs: Yes. Hoaglun: -- primarily. They will be dressed in costume -- the period -- of the period and will have that and, then, you want to provide an opportunity for them to purchase a collectable sword if they wish to? Briggs: Yes. We have actually had quite a few performers who have asked us if we have a sword dealer coming in, because they are looking to upgrade and -- you know, and stuff like that. So, yeah. Hoaglun: Okay. And, Mr. President, one last question. Is this the first time you have held it in Meridian in a Meridian park? Briggs: First time holding the event altogether. Hoaglun: Okay. Briggs: But I have helped with the Sun Valley Renaissance Fair and they are actually helping sponsor ours to get it going, so -- Hoaglun: So, you don't have horses -- Mr. President, one last question, I guess. We don't have horses involved? No, jousting -- Briggs: No. Meridian City Council June 2, 2009 Page 15 of 33 Hoaglun: So, Steve's okay with that, so -- Briggs: Yeah. I have worked very closely with Steve and Collin for the last two months on really, you know, doing that and they had some concerns about archery and so they have left the door open for next year, but, you know, we -- they decided not to allow us to do the archery this year, so -- Hoaglun: Okay. Thank you. Rountree: Further comments? Questions? Bird: I have none. Rountree: Steve, do you have a comment? Okay. Scott. Colaianni: Mr. President, Council Members, we discussed this quite awhile with staff today and, you know, we don't ever want to sacrifice public safety for making money and I have, myself, seen the temporary use permit. I had not seen this letter. It appears that they have done some things to mitigate some of the risk. My question for Bob is will you be working the booth? Frazier: Oh, yes. Colaianni: Or do you have other people do it? Frazier: No. No. I have -- I have a partner, who is like retired and he's the one that would display, you know, pocket knives and he's under a different bracket than me. I have the tax ID number and that's for the -- mainly the reason -- like most people set up at a flea market, you go to the grocery store and buy bleach and Comet and everything else to sell it -- Colaianni: Well, I guess my question is are you going to have any minors working in the booth? Frazier: No. No. Absolutely not. Colaianni: And what are the hours of this Renaissance? Briggs: 10:00 a.m. to 8:00 p.m. Colaianni: One day? Briggs: Uh-huh. Colaianni: That's all I had. Thank you. Meridian City Council June 2, 2009 Page 16 of 33 Rountree: Thank you. Ted. Briggs: And I just wanted to make sure that -- Rountree: Excuse me. Excuse me. Briggs: Oh. I'm sorry. Rountree: Ted, any words of wisdom? Baird: Mr. President, Members of the Council, I think you have all the information before you that you need to make a decision. Rountree: Okay. Thank you. Jacki. You had another comment. I didn't mean to cut you off, but I had asked our attorney for a comment, so -- Briggs: I'm sorry. I'm forgetting about the protocol. I just wanted to comment to Scott, I wasn't sure if you had -- you know, had seen the -- the proposal and stuff like that. I just wanted to make sure that you were aware of the other conditions that we are meeting all of the conditions of the permit they had put on us. The Meridian police asked us -- because we have security, my husband is, actually, an Ada County sergeant and he organized all the security. So, we have two to three security guards on site all day on Friday for set up and all night awake for the perimeter and all day on Saturday. Rountree: Thank you. I have a question for Steve. Siddoway: Yes, sir. Rountree: Has the liability insurance been provided with -- Siddoway: I'm going to tum to Jaycee. She was -- Rountree: Jaycee. Holman: Council -- Members of the Council, Council President Rountree, yes, they have complied with the insurance portion of the -- the permit is complete. Rountree: Thank you. Hoaglun: Mr. President, I'd like to inquire of Scott, if you wouldn't mind. What constitutes a sword? What length are we talking about here when we talk about they are not going to sell short blades, but, again, I keep going back. That can mean anything from a little pocket knife to -- to what? Meridian City Council June 2, 2009 Page 17 of 33 Colaianni: Yeah. I think you're looking for a definition that none of us really have. I mean we are looking for something that's black and white. I mean certainly a sword, too, I mean you get back to common sense. A sword is, obviously, a very long -- what we would -- very long knife, depending on what you're talking about. You know, when we start talking about pocket knives or small knives or shanks or those types of things, those are things that typically you could conceal on your person fairly easily. The stuff that they are talking about is -- obviously, there is not a concealment concern there, because of the length of them. I mean the minimum was three feet I believe he said, 36 inches. And so that doesn't concern us as much as, you know, the smaller type of pocket knife top and switch blades and shanks and stuff like that. Hoaglun: Thank you. Colaianni: You bet. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: We probably could make our own definition for this purpose and say -- if we are so inclined, we would approve a sword that is an item that has a blade longer than 30 inches, unsharpened. Rountree: You certainly may. Any comment, question, direction, with respect to the request? Zaremba: Do we need a motion? Rountree: We need a motion on whether or not to recognize the appeal and allow modification of the one permit requirement with respect to edged weapons. I don't think you want to deal with firearms. Zaremba: Huh-uh. Mr. President? Rountree: Mr. Zaremba. Zaremba: I would move that we approve a modification of the one condition to allow unsharpened swords with a blade in excess of 30 inches. Hoaglun: I would second that if we also include that no sales would be made to anyone under the age of 18. Zaremba: That's also included. Thank you. Hoaglun: Thank you. Meridian City Council June 2, 2009 Page 18 of 33 Rountree: Motion has been made and seconded to -- with the stated conditions to allow modification to the permit to allow of the edged weapons greater than 30 inches, not sharpened, and not sold to anyone under 18 years of age. Any discussion? My comment is that there was a statement about how they would be packed and in terms of a box and styrofoam and packing tape. I would request the maker of the motion to include that in his motion as well. Zaremba: I would be happy -- yes, they should be packaged and not available for immediate use. Hoaglun: And I would second that, with the understanding that if it's a plaque mounted, it may be -- you know, they could sell that, but if it's mounted, then, it's packaged, if that was included in the definition. Rountree: Okay. Maker of the motion agree? Zaremba: Yeah. The maker agrees. Rountree: Dean, do you have all that down? Thank you. Motion's been made and seconded. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I don't think it has to be part of the motion, but I would also say that that doesn't preclude them from having a catalog of the things that they sell and taking orders for delivery at a different time. Rountree: I think that's correct. I don't think we have any ordinance that speaks to that. Okay. A motion's been made and seconded. All those in favor -- does this need to be roll call or -- okay. Roll call vote. Roll -Call: Bird, yea; Rountree, nay; Zaremba, yea; Hoaglun, yea. Rountree: Just for the other side of judgment, I'm going to say no. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: Item 8: Public Hearing: RZ 09-001 Request for Rezone of 7.65 acres consisting of 25 single-family residential lots and 2 common lots (Lots 1 and 2 and a portion of Lot 3, Block 2; portions of Lots 1 & 10 and Lots 2-9, Block 1, Dove Meadows Subdivision No. 1; portions of Lots 11 & 12 and Lots 13- Meridian City Council June 2, 2009 Page 19 of 33 24, Block 1, Dove Meadows Subdivision No. 2) from L -O to R-8 for Dove Meadows by City of Meridian Planning Department — various properties in Dove Meadows Subdivision Nos. 1 and 2 zoned L -O: Rountree: Next item on the agenda, public hearing for AZ 09-001, request for rezone for Dove Meadows. It is a public hearing. Is the applicant here? Who is going to -- Pete, you're going to make the comments? Okay. Friedman: Thank you, President Rountree, Members of the Council. Actually, the city is the applicant in this case. This is a city initiated rezone for a portion of the Dove Meadows Subdivision located north of Fairview Avenue off Hickory Way, about midway between Locust Grove and Eagle Road. The application is for the rezone of seven and a half acres consisting of 25 single family lots and two common lots that are currently zoned L -O and the application is to rezone them to R-8, which would make them consistent with the rest of the Dove Meadows Subdivision. No specific development is proposed and, really, the purpose of the rezone is to clean up the zoning map and also to remove the nonconforming status for those single family homes and, as I said, zone them consistent with the rest of the lots in the Dove Meadows Subdivision. The Planning and Zoning Commission held a public hearing on this request on May 7th of this year. At the conclusion of that hearing they voted to recommend to you approval of the application. There are no real outstanding issues for Council. There has been no written testimony and with that I'd be happy to answer any questions. Rountree: Any questions for Pete? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: The rezone is the residential portion and not including the church site? Friedman: That is correct. Zaremba: Thank you. Rountree: Any other questions? Bird: I have none. Hoaglun: None. Rountree: This is a public hearing. Does anyone wish to testify on this item? Seeing none, do you have any wrap-up comments, Pete? Meridian City Council June 2, 2009 Page 20 of 33 Friedman: Mr. President, Council Members, I do not. As I say, this is, really, just a clean up of the zoning map and providing the 25 lot owners the same rights and privileges that are accorded their neighbors in the rest of their subdivision. Rountree: And I have a copy of the sign-up sheet and Carolyn Hall has indicated she's for this and if you want to say something, come on. Thank you. If you do, we need you up here on the record. Didn't mean to put you on the spot, but -- your name and address for the record. Hall: My address is 2646 Apricot Court. I'm one of those homes -- my name is Carolyn Hall. Rountree: Thank you. Hall: And we just would like our homes zoned with the rest of the complex, the rest of the subdivision, so that it's all correct. Rountree: Thank you. And the other sign-up person was James Holsclaw and he wasn't for or against or neutral, so -- and he left. Any other comments? Seeing none, any motion? Hoaglun: Mr. President, I move that we close the public hearing on RZ 09-001. Bird: Second. Rountree: It's been moved and seconded to close the public hearing on Item No. 8. All those in favor? Opposed same sign? Motion passes. MOTION CARRIED: ALL AYES. Hoaglun: Mr. President? Rountree: Mr. Hoaglun. Hoaglun: I move that we approve RZ 09-001. Zaremba: Second. Rountree: It's been moved and seconded to approve Item No. 8. Roll call vote. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Rountree: Pete, are you going to handle this next one? Meridian City Council June 2, 2009 Page 21 of 33 Friedman: Yes, I am. Rountree: Okay. And I would say if you could catch Carolyn, you might address her comment about being rezoned or zoned in with this and how they might go about accomplishing that in the future. Friedman: Mr. President, Council Members, we, by this action, will bring them into conformance. Rountree: Okay. Friedman: We have done this -- we met with Mrs. Hall as a representative of the neighbors, gosh, back I think in December or something like that, talked about her options, and at that point, because -- I don't even know all the history of it, because there was that difference on the zoning map, that none of them had been really aware of and so forth, that the city staff took the initiative to process this application on their behalf, so -- Rountree: So, it's in process? Friedman: This is it. With your action tonight and the adoption of the findings Item 9: Public Hearing: ZOA 09-001 Request for Zoning Ordinance / Unified Development Code (UDC) Text Amendment to modify and clean up specific sections of the UDC for Outdoor Storage and Parking Unified Development Code Text Amendment by City of Meridian Planning Department - See application for details of all sections proposed for amendments: Rountree: Okay. Very good. Next item, No. 9, public hearing for ZOA 09-001, Outdoor Storage and Parking Unified Development Code Text Amendment. Pete. Friedman: Thank you, Council President Rountree, Members of the Council. As you can see from the information we presented you, there are quite a few amendments to the UDC. They are primarily intended to be clarifications based on interpretations that staff has been making as we have been reviewing development applications over some time now and they really address landscaping and storage -- screening of storage and the location of parking of recreational vehicles and things like that in single family neighborhoods. I can run through them all if you like. I can hit some of the highlights. One of the highlights is that we have a requirement currently for perimeter landscaping in our zones. Well, we have found that in some areas it doesn't make sense where you have cross -access agreements across parking agreements, so you have a parking line spanning the property lines and a strict interpretation of the code would require a five foot landscape buffer along that. One of the other proposed amendments is to give the planning director the ability on a case -by -base basis in industrial zones to examine the requirement for the perimeter landscaping, so in areas where you might have vehicle Meridian City Council June 2, 2009 Page 22 of 33 turning movements and so forth, it gives the director the ability to waive those based on a demonstration by the property owner that the land on either side is probably industrial anyway or it's needed for the full functioning of that property. Other amendments set up or clarify the screening requirements in our industrial zones and -- if you'd like I'll just hold on for a moment. Zaremba: Excuse me. Rountree: Are you going to make it? Zaremba: I took something down the wrong pipe about three days ago and I can go for hours without it biting me, but every once in awhile it bites me. Excuse me. Go ahead. Friedman: And I think one of the other more significant or -- the changes is that for some time now we have been -- well, the city staff and the code enforcement staff have been responding to complaints and so forth of people parking large recreational vehicles, boats, equipment, trailers and so forth in their driveway and streetscape setback and what the proposed amendments would do would really restrict the parking in those areas to registered vehicles, automobiles and such and require that the RV's, the boats, the trailers and so forth be parked either in a side yard or in a rear yard and screened to a height of six feet. And it also establishes some performance criteria for the base under their -- dustless base, not necessarily paving and so forth. So, quickly, that's a summary of the amendments. I'd be happy to go through them line by line if that's what you wish. One outstanding issue -- and it was brought up, too, buy our staff was that we really hadn't proposed changes to -- right now the code does allow for an encroachment of 120 square foot area into landscape buffers. Well, we found out that Sanitary Services has increased their dimensional requirement for their trash enclosures to 144 square feet. That came post Planning and Zoning Commission hearing, so I'm taking the chance on putting forth to you that staff would be recommending to increase that 120 square feet to -- allowed to 144 square feet. Now, this wasn't technically considered by P&Z, I don't know if we would need to remand it back or not, so -- Rountree: Any questions for Pete? And I don't know that we would have to remand it back for that last point you made. Friedman: Okay. Rountree: Comments? Questions? Bird: I have none. Rountree: This is a public hearing. Anyone wish to submit testimony? I don't have anybody signed up. It's your opportunity, Ralph. Seeing none, I need a motion. Bird: Mr. President? Meridian City Council June 2, 2009 Page 23 of 33 Rountree: Mr. Bird. Bird: I move we close the public hearing on ZOA 09-001. Hoaglun: Second. Rountree: It's been moved and seconded to close the public hearing on Item No. 9. All those in favor? Opposed same sign? Motion passes. MOTION CARRIED: ALL AYES. Rountree: Need a motion. Bird: Mr. Mayor? Rountree: Mr. Bird. Bird: Madam Mayor -- I mean. Mr. President -- when I goof up, I may as well goof up good. I move we approve ZOA 09-001, the change as stated by Mr. Friedman. Hoaglun: Second. Rountree: It's been moved and seconded to approve Item No. 9 with the addition of the encroachment structures of 144. Roll call vote. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 10: Public Hearing: 2008 CDBG Action Plan Amendment: Item 11: Resolution No. 2008 CDBG Action Plan Amendment: Rountree: Next item on the agenda is the public hearing for the 2008 CDBG Action Plan Amendment. Matt. Ellsworth: Thank you, Council President, Members of the Council. What these next two items amount to is an amendment to the city's 2008 CDBG Action Plan and what it really boils down to is the city is taking the necessary steps that are required in order to secure some of the stimulus funding that came with the American Recovery and Reinvestment Act back in February. The total amount of funding that the city is eligible to receive is 64,584 dollars. As part of this process the city began a public hearing on April 21st after reviewing some of the guidelines, if you will recall from a couple of weeks ago. The project that was initially contemplated didn't fall all that cleanly in line Meridian City Council June 2, 2009 Page 24 of 33 with some of the requirements coming from HUD, relating it back to the stimulus -- the stimulus act. So, on May 19th staff presented to Council the possibility of introducing a different project that does more closely meet the intent of the recovery act. That project is to construct a ten foot multi -use pathway across the recently constructed culvert just north of 8th Street park that crosses the Five Mile Drain. That project was originally requested of the transportation stimulus bill that is designed and ready to move forward, shovel ready project per federal standards. So, again, these are -- these are relating to the federal requirements for use of stimulus funds. In your packet there is, in addition to the resolution, some standard forms that they require and in addition to those, staff will also be submitting to the Department of Housing and Urban Development a narrative description of the project that, basically, relates exactly what this project is and what it will do for the economy back to those -- those overarching aims of the AAR -- or the ARRA, excuse me, recovery act. I was watching the news the other night and they were touting a project to the tune of 8.5 million dollars, a new bridge construction project that would produce 20 jobs over the course of that construction, so that comes out to the tune of 425,000 dollars per job. This project will create -- the contemplated project before you this evening will create four jobs for a more condensed duration of construction, but the creation of four jobs for 60,000 dollars after you subtract out the administrative costs of implementing this thing, you've got a pretty good ratio, it's roughly one job per 16,000 dollars invested. So, it's a project that staff is -- is confident recommending for use of these funds. As a precursor to moving forward to address the CDBG oriented requirements, it will also require a survey, a service area residence, so that will push the time line back slightly, although it will still fall well within the stated goals of the stimulus act once funds become available. So, with that I will stand for any questions. Rountree: Any questions for Matt? Again, this is a public hearing. Anyone wish to make comments on the 2008 CDBG Action Plan Amendment? Seeing none, need a motion. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we close the public hearing. Zaremba: Second. Rountree: Moved and seconded to close the public hearing. All in favor? MOTION CARRIED: ALL AYES. Bird: Mr. President? Rountree: Mr. Bird. Meridian City Council June 2, 2009 Page 25 of 33 Bird: I move we approve Resolution No. 09-668, to 2008 CDBG Action Plan Amendment. Hoaglun: Second. Rountree: It's been moved and seconded to approve Item No. 11, the Action Plan Amendment. Roll call vote. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 12: Amendment to Ordinance No. 09-1400 A: RZ 08-004 Request for Rezone of 93.64 acres from L -O (Limited Office) and R-4 (Medium Low - Density Residential) to C -G (General Retail and Service Commercial) (25.10 acres), L -O (Limited Office) (10.70 acres), C -C (Community Business) (37.84 acres) and R-15 (Medium -High Density Residential) (20 acres) zones for Volterra Mixed Use by Primeland Development Company, LLP — west of North Ten Mile Road and north of West McMillan Road: Rountree: Next item is the amendment to Ordinance 09-1400A. If you would read that by title, Madam Clerk. Holman: City of Meridian Ordinance No. 09-1400A, an ordinance RZ 08-004, Volterra Mixed Use for rezone of a tract of land as described in special warranty deed instrument number 106099040, records of Ada County, Idaho, together with a portion of a tract of land that's described in special warranty deed instrument number 106099041, records of Ada County, Idaho, together with a portion of a tract of land as described in special warranty deed instrument number 106041249, records of Ada County, Idaho, together with a portion of the right of way of West McMillan Road and North Ten Mile Road, situated in the southeast quarter of Section 27, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from L -O, Limited Office District, and R-4, Medium Low Density Residential District, to C -G, General Retail and Service Commercial District, L -O, Limited Office District, C -C, Community Business District and R-15, Medium High Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Rountree: You have heard the reading by title of Item No. 12. Anyone wish to have that ordinance read in total? Seeing none -- Meridian City Council June 2, 2009 Page 26 of 33 Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve Ordinance No. 09-1400A with suspension of rules. Zaremba: Second. Rountree: It's been moved and seconded to approve Item 12. Do we need roll call on that? Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 13: Ordinance No. AZ 08-013 Request for Annexation and Zoning of 32 separate tax parcels owned by 28 different property owners consisting of a total of 55.6 acres that are currently receiving city water and/or sewer service by City of Meridian — Implied Consent — David Purnell: Item 14: Ordinance No. AZ 08-013 Request for Annexation and Zoning of 32 separate tax parcels owned by 28 different property owners consisting of a total of 55.6 acres that are currently receiving city water and/or sewer service by City of Meridian — Implied Consent - Rigby: Item 15: Ordinance No. AZ 08-013 Request for Annexation and Zoning of 32 separate tax parcels owned by 28 different property owners consisting of a total of 55.6 acres that are currently receiving city water and/or sewer service by City of Meridian — Implied Consent Leslie R. Schild: Item 16: Ordinance No. AZ 08-013 Request for Annexation and Zoning of 32 separate tax parcels owned by 28 different property owners consisting of a total of 55.6 acres that are currently receiving city water and/or sewer service by City of Meridian — Implied Consent — Sumfun II: Item 17: Ordinance No. AZ 08-013 Request for Annexation and Zoning of 32 separate tax parcels owned by 28 different property owners consisting of a total of 55.6 acres that are currently receiving city water and/or sewer service by City of Meridian — Implied Consent — Henry $ Veldeen Torkelson Trust: Meridian City Council June 2, 2009 Page 27 of 33 Rountree: Madam, if you would read titles for Items 13 through 17. Holman: City of Meridian Ordinance No. 09-1411, an ordinance AZ 08-013, implied consent for David Purnell for annexation of a parcel of land located in the southwest one quarter of the northwest one quarter of Section 29, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT,j Ada County, to R-2, Low Density Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Holman: City of Meridian Ordinance No. 09-1412, an ordinance AZ 08-013, implied consent, Rigby, for annexation of a parcel of land located in the northeast one quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, and includes Lot 11 of Van Heeth Subdivision as shown in Book 12 of Plats at page 688 in the office of the recorder, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT, Ada County, to R-4, Low Density Residential District, in the Meridian City Code, providing that copies of the ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Holman: City of Meridian Ordinance No. 09-1413, an ordinance AZ 08-013, implied consent, Schild, for annexation of a parcel of land located in the northwest one quarter of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT, Ada County, to R-4, Low Density Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Holman: City of Meridian Ordinance No. 09-1414, an ordinance AZ 08-013, implied consent, Sumfun II, LLC, for annexation of a parcel of land located in the northeast one quarter of the northwest one quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain Meridian City Council June 2, 2009 Page 28 of 33 lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT, Ada County, to C -C, Community Business District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Holman: City of Meridian Ordinance No. 09-1415, an ordinance AZ 08-013, implied consent, Henry and Veldeen Torkelson Trust, for annexation of a parcel of land located in the northeast one quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT, Ada County, to OT, Old Town District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Rountree: You have heard Items 13 through 17 read by title only. Anyone wish any of those items to be read in total? Heads are shaking no. I need a motion. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move that we approve Ordinances No. 09-1411, 09-1412, 09-1413, 09-1414, 09- 1415, with suspension of rules. Zaremba: Second. Rountree: It's been moved and seconded to approve Items 13 through 17. Roll call. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 18: Executive Session per Idaho State Code 67-2345(1)(d) — (to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code): Rountree: Last item on the agenda is Executive Session. Meridian City Council June 2, 2009 Page 29 of 33 Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we go into Executive Session as per 67-2345(1)(d), Idaho State Code. Hoaglun: Second. Rountree: It's been moved and seconded to go into Executive Session. Roll call vote. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Hoaglun: Move we come out of Executive Session. Bird: Second. Rountree: It's been moved and seconded to come out of Executive Session. All in favor? Opposed same sign? Motion passes. MOTION CARRIED: ALL AYES. Rountree: We have a couple items and Robert had some just general information. Do you still have some that you wanted to talk to us about? Simmons: I guess, yeah, just -- Rountree: Well, after we get through with this business. Simmons: Yeah. Bird: Resolution number. Rountree: We need a resolution number. Holman: 09-669. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve resolution number 09-669. Meridian City Council June 2, 2009 Page 30 of 33 Hoaglun: Second. With suspension of rules? Bird: No, you don't have to -- not on a -- Hoaglun: Oh, that's right. I'm song. I will second that still. Rountree: Okay. And no rules. It's been moved and seconded to approve resolution 09-669. Roll call. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Rountree: We have another item with respect to entering into an agreement for sewer improvement. Hoaglun: Mr. President? Rountree: Brad. Hoaglun: I would move that we enter into an off-site sewer improvement agreement between the City of Meridian and Frank Stotts, F&C Development Company, Inc. And part of that motion would be the -- for the Council President to sign. Bird: And clerk to attest. Hoaglun: And clerk to attest. Bird: Second. Rountree: It's been moved and seconded to approve -- enter in and approve a sewer improvement agreement authorizing signature and attestation. Roll call. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Rountree: That concludes the business. Robert, you had just some general information that has come up? Simmons: Yeah. I sent an e-mail about this, but I just wanted to follow up with you and let you know that the ITD board meeting on June 18th, they have tentatively agreed to put the city on the agenda for discussion of Meridian interchange. It's not going to be discussed in the context of anything specific related to STIP or examination of excess GARVEE funds, but that will be the city discussion. Once we know the exact time of that we will let you know. Most of you are going to be at AIC, so, hopefully, you will be Meridian City Council June 2, 2009 Page 31 of 33 able to depart with the Mayor and go to that board meeting where -- to try to get resolution, so you will probably have a resolution in front of you next week or the week after from the city in support of this, as well as letters and we are doing that trying to get that from all of the cities here in the valley, as well as support from the chamber of commerce for that. So, just want to make you aware of that. June 23rd at 3:00 p.m. is the groundbreaking for Ten Mile interchange, so that is -- from everything that we have been told that's the final date and time. Bird: What time again? Simmons: 3:00 p.m. Bird: 3:00. Simmons: June 23rd and the location is planned to be where the current batch plant is, even though we have been told that it was coming down. I think the people have made reference to that. And, then, just to follow up also, I know that I sent an e-mail about the June 24th event relating to the core at 2:00 p.m. and I just want to make sure you guys had all those dates. In addition, I understand that there was some interest in potentially having a tour of Vengaworks. You know, Councilman Hoaglun had mentioned that. I just wanted to get a sign of people who might be interested. One. Two. Three. What I would recommend potentially doing is doing it maybe as a 6:00 o'clock on a Tuesday night before our City Council meeting, maybe looking for the last one this month or first one in July. Well, actually, that's July 4th. So, maybe last of this month or the second one in July as a potential date. But with that in mind I will -- we will just get a time set up with Mark. Rountree: That would fit my schedule. Is that a date you're going to be in town, Brad? Hoaglun: Yes. Rountree: Okay. Simmons: The last one of this month? Rountree: Yeah. Simmons: Okay. We will see if we can -- Rountree: Be the 23rd. Simmons: -- make that happen. Okay. Rountree: Robert or Scott, on that property where that dedication is going to take place, I didn't notice today, but I believe it was yesterday or the day before our public hearing notice placard and sign is still up and those were supposed to come down like three to Meridian City Council June 2, 2009 Page 32 of 33 seven days after the public hearing. There were two. There is still -- there was still one, let's make sure that's down before we have the public out there and I know that was a subject of one of the neighbor's complaints. Okay. Anything else? Simmons: No. Rountree: Thank you for that. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I would just like to discuss or suggest a calendar thing for our workshop meeting, which would be the 16th, and that would be a post-mortem kind of report, either a department report from parks or police or both of them combined, about how the Renaissance Fair went. I think we should have a post-mortem of some sort. Rountree: We could -- we could get that from the Parks Department. Bird: I was going to say, why not parks for our workshop. Rountree: That sounds good on the 16th. If you would make note of that, Jaycee, when we calendar the agenda for that or set the agenda for that. Colaianni: I will be here on the 16th as well, so if there is any questions. Rountree: Okay. And you can -- Colaianni: We can talk. I'll talk with Steve ahead of time, but I will be here on the 16th as well, so -- Rountree: Okay. Thank you. Zaremba: Thank you. Holman: Council President Rountree, Council Members, we also -- I don't know if any of you checked your e-mail, but we set the date for the joint meeting with ACRD. It's at 10:00 o'clock on I believe June 29th. I'm trying to -- Rountree: 29th is the date. Holman: 29th. It's a Monday. So -- Zaremba: 10:00 o'clock is the preferred time? Holman: Yes. Meridian City Council June 2, 2009 Page 33 of 33 Bird: ACHD. Rountree: Very good. Any other general business? Need a motion. Bird: I move we adjourn. Hoaglun: Second. Rountree: It's been moved and seconded to adjourn. All in favor. MOTION CARRIED: ALL AYES. Rountree: We are adjourned. Thank you. MEETING ADJOURNED AT 9:13 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) tic el. R-4-- 10aAMMY DE WEERD, MAYOR ATTEST: JA DATE APPROVED /5 E HOLMAN, ITY ULWAL May 29, 2009 MERIDIAN CITY COUNCIL MEETING .lune 2, 2009 APPLICANT ITEM NO. 5-A REQUEST Approve Minutes of April 14, 2009 Pre -Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. May 29, 2009 MERIDIAN CITY COUNCIL MEETING June 2, 2009 APPLICANT ITEM NO. S -B REQUEST Approve Minutes of May 19, 2009 City Council Workshop Meeting AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Ema1ed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. May 29, 2009 MERIDIAN CITY COUNCIL MEETING .lune 2, 2009 APPLICANT ITEM NO. 5-C REQUEST Concession License Agreement for Meridian Settler's Park with Will Loverde dba Idaho's Five Star Concessions AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. CITY OF MERIDIAN CONCESSION LICENSE AGREEMENT THIS AGREEMENT made and entered into this a ®L day of M A Y 2009, by and between The City of Meridian, a municipal corporation of the State of Idaho, hereinafter referred to as "LICENSOR" and Will Loverde, dba Idaho's Five Star Concessions, hereinafter referred to as "LICENSEE" for the purpose of operating food concessions in Meridian Settler's Park. WITNESSETH For and in the consideration of mutual covenants herein contained, the parties hereby agree as follows: 1. The LICENSOR hereby a r9 ees: a. To permit LICENSEE to locate a self-contained concession trailer in Settlers Park to sell food items to park users. b. This License shall be granted for the following days only: Movie Nights according to the Movie Night Schedule published by the Meridian City Department of Parks and Recreation, and July 4, 2009. See Attachment A for additional terms and conditions. 2. Term of Agreement: The term of this agreement shall be for the days specified above and shall not extend beyond the season ending September 30, 2009. Beginning and ending dates shall be inclusive, unless sooner terminated as herein provided. 3. Compensation: LICENSEE shall pay to the LICENSOR the fees set forth on Attachment B. a. LICENSEE shall keep a full and accurate set of books, adequately showing gross receipts received during each month for all operations associated with the license agreement and shall with reasonable notice, allow LICENSOR to inspect said books and receipt records. At LICENSOR's request, a verified statement setting forth the amount of gross receipts for the period for which said statement is requested shall be provided. License Agreement - Page 1 4. LICENSEE further agrees to: a. Assure that the area within and immediately adjacent to use areas on Park properties is kept clean and free of all debris and litter caused or created by the concession operation. b. Adhere to all applicable federal, state, city and health department laws, ordinances, regulations and resolutions. C. Comply with all City rules and regulations which prohibit posting of temporary signs on park property. 5. Placement of Concession Trailer: a. Concession trailer shall be placed in the area designated on Attachment C. b. Trailer shall be removed from the park each approved day at the end of operation. C. While moving trailer in and out of the park, LICENSEE shall exercise due caution for the safety of park users and shall avoid damaging turf or park property. 6. Limitations: Seasonal vendor contracts do not guarantee participation in community or department sponsored events and activities held within the vendor's designated area. Event organizers will be provided a list of contract vendors and products for consideration in their event. If selected to participate in a community or department sponsored event, vendor is responsible for all fees and stipulations of the named event. 7. Indemnification and Insurance: LICENSEE 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 LICENSEE, 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. LICENSEE 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 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 , License Agreement - Page 2 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, LICENSEE 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 attomeys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by the LICENSEE or LICENSEE'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. LICENSEE shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing LICENSEE'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 LICENSEE begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, LICENSEE shall immediately submit proof of compliance with the changed limits. A copy of the LICENSEE'S Health Department license shall be submitted to the City prior to commencing services. Evidence of all insurance and licenses shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. 8. Assignment: LICENSEE shall not assign or sublet this Agreement, or any privileges thereunder, either voluntarily or involuntarily, without the prior written consent of LICENSOR. 9. Non -Discrimination: LICENSEE, in his operation and use of the concession herein granted, will not, on the grounds of race, color, sex, religion, national origin or ancestry, age or physical handicap or permit discrimination against any person or group of persons in any manner. Non-compliance with such assurances shall constitute a natural breach of this Agreement, and in.the event of non-compliance, LICENSOR may take appropriate action to enforce compliance, and may terminate this Agreement, or seek judicial enforcement. 10. Default and Cancellation: If LICENSEE is in default of any of the terms and conditions of this Agreement, or violates any of the statutes of the United States, statutes of Idaho or any applicable LICENSOR ordinance, rule or regulation and fails or refuses, after five (5) days written notice to perform or correct conditions constituting such a breach License Agreement - Page 3 or default, then this Agreement shall be deemed terminated and forfeited without notice or demand, and all rights of LICENSOR hereunder shall be terminated. LICENSEE shall be liable to LICENSOR for all damages and costs, including legal expenses and attorneys fees suffered or incurred by LICENSOR in the enforcement of any of the terns or conditions of the AGREEMENT. 11. Contract Limitations: This Agreement shall apply to and be binding between LICENSOR and LICENSEE only as LICENSEE's business operates within the confines of Meridian City Park properties as approved by LICENSOR. 12. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Idaho Avenue Meridian, Idaho 83642 Idaho's Five Star Concessions Attn: Will Loverde 4096 W. Gillette Dr. Meridian, ID 83642 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 13. Termination: Either party may terminate this agreement at any time without cause upon providing written notice as provided herein. 14. Interpretation: The paragraph headings used herein are for convenience only, are not a part of this Agreement, and are not to be used in construing it. This Agreement may be executed in several counterparts each of which shall be deemed an original. License Agreement - Page 4 15. Modification: There may be no modification of this Agreement, except in writing, executed with the same formalities as this instrument. 16. Attomgy 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 attomeys' 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. 17. Applicable Law: This agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 18. Independent Permittee: LICENSEE is and shall at all times be considered as an independent permittee and is in no way an employee of the City of Meridian. 19. Entire Agreement: This instrument embodies the whole Agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations, or agreements either oral or written, between the parties hereto. IN WITNESS WHEREOF the parties hereto have subscribed their names, the day and year first above written. CITY OF MERIDIAN BY: Gcc /1, (2 -E— FzT TAMMY de WEE\RI?,,,h*NW,, Dated: Attest: License Agreement - Page 5 SEAL '., '9� GST �s� • � ���``\. IDAHO'S FIVE STAR CONCESSIONS BY: Will Loverde JAYCEE L. HOLMAN, OWY CLERK Attachment A SCOPE OF SERVICES A. Friday Movie Night Trailer Concessions: 1. Provide and operate 2 concession trailers during movie night activities. Trailers are to be moved in no earlier than 4:00 p.m. on all movie nights. B. 4t' of July Storey Park Trailer Concessions: Provide and operate two concession trailers between the hours of 12 noon to 10:30 p.m or the end of the event. Concessionaire may not enter park prior to 11:00 a.m. on the 0. License Agreement - Page 6 Attachment B PAYMENT SCHEDULE A. Fees for the above listed trailer concession services will be paid to the City in advance of the events on a monthly basis. TASK DESCRIPTION AMOUNT A. Friday Movie Night Trailer Concessions: (Per trailer per movie night) $40.00 B• 4t" of July Storey Park Trailer Concessions: (per trailer) $50.00 License Agreement - Page 7 ATTACHMENT C DIAGRAM SHOWING DESIGNATED LOCATION FOR TRAILER License Agreement - Page 8 May 29, 2009 MERIDIAN CITY COUNCIL MEETING .lune 2, 2009 APPLICANT ITEM NO. 5-D REQUEST Lease Agreement with Will Loverde dba Idaho's Five Star Concessions for Concessions Operations at Meridian Settler's Park AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: COMMENTS See attached Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. LEASE AGREEMENT CONCESSIONS OPERATIONS AT SETTLERS PARK THIS LEASE AGREEMENT (the "Lease") is entered into by and between The City of Meridian, ("Landlord"), and Will Loverde, dba Idaho's Five Star Concessions, ("Tenant"), effective the D a., day oftw 009 (the "Effective Date"). In this Lease, Landlord and Tenant may be referred to individually as a"Party" or collectively as the"Parties" as appropriate under the circumstances. 1. BASIC LEASE PROVISIONS. The following is a summary only and reference should always be made to the full Lease provisions and in case of any conflict with the balance of the Lease, the latter shall control. LANDLORD'S ADDRESS FOR NOTICES: The City of Meridian Attention: City Clerk. 33 East Broadway Avenue Meridian, ID 83642 TENANT'S ADDRESS FOR NOTICES: Idaho's Five Star Concessions Attn: Will Loverde 4096 W. Gillette Dr. Meridian, ID 83642 DESCRIPTION OF PREMISES: Portions of the property commonly known and described as the Concession Building adjacent to the Splash Pad at Settler's Park, (the "Building" and/or "Premises"), TERM: The term of this Lease shall begin on the first day of operation for the 2009 season (the "Effective Date") and shall end no later than September 30, 2009. OCCUPANCY OF THE PREMISES: Tenant shall be deemed to have occupied the Premises for purposes of commencing the Term as of the Effective Date. RENT COMMENCEMENT DATE: Rent shall commence as of the Effective Date. SCOPE OF SERVICES: See Attachment A RENT: See Attachment B. PERMITTED USE: Tenant may use the Premises for food preparation and food sales, consistent with the requirements and standards established by applicable federal, state, city and health department laws, ordinances, regulations and resolutions. 2. AGREEMENT TO LEASE. In consideration of the payment of Rent, and other sums to be paid by Tenant to Landlord pursuant to this Lease (collectively referred to hereinafter as "Rent") and the performance of the other covenants and agreements in this Lease (Including those set forth in Section 1 and on Attachment A), Landlord leases to Tenant the Premises, together with and subject to all conditions, restrictions, obligations, rights, privileges, easements and appurtenances. Landlord shall have provided Tenant with copies of any easements, and use or restrictive agreements affecting the Building prior to the Effective Date. 3. TERM. The Term shall commence on the Effective Date. 4. RENT AND ADDITIONAL PAYMENTS 4.1. Rent. Beginning with the Effective Date, Tenant shall pay to Landlord at Landlord's address in Section 1 of this Lease on the first day of the Term, Rent according to the Payment Schedule set forth in Attachment B. 4.3 Utilities. This Lease includes the cost and expenses for all utilities in connection with the Premises, including the cost of electricity or other fuels or power sources, water and sewer services, and waste disposal services. Land line telephone service is not available at the premises. 5. USES 5.1. General Use. The Premises shall be used only for the uses set forth in Section 1 ("Permitted Uses") and for no other purpose. Tenant shall not commit or allow to be committed any waste upon the Premises, or any nuisance or other act in or about the Premises that disturbs the quiet enjoyment of Landlord. Tenant, at Tenant's sole expense, shall comply with all laws and regulations relating to its use or occupancy of the Premises. Furthermore, on a daily basis, Tenant shall insure that the area within and immediately adjacent to concession area of the Building is kept clean and free of all debris and litter caused or created by the concession operation. 5.2. Tenant Compliance With ADA. Tenant shall not enter into any change of use of the Premises, whether approved by Landlord or not, if such change in use would result in increased liability of Landlord under the Americans With Disabilities Act of 1990, Public LawNo. 101-336,42 USC 12101 et seq. as it may be amended from time to time (the "ADA"). T V A 40V A 4-10101[716 A-QAT'r 53. No Hazardous Substances. Tenant agrees not to use, store or deposit any substance that is hazardous or dangerous to person, property or the environment (or any similar substance) as now or hereafter defined by or determined pursuant to any applicable state or federal law or regulation in amounts exceeding legally permissible levels ("Hazardous Substance") in, on or about the Premises. 5.4. Insurance Risks. Tenant will not do or permit to be done any act or thing upon the Premises or the Building which would (a) jeopardize or be in conflict with fire insurance policies covering the Building and fixtures and property in the Building; (b) increase the rate of any insurance applicable to the Building to an amount higher than it otherwise would be for the general use of the Building; or (c) subject Landlord to any liability or responsibility for injury to any person or persons or to property by reason of any business or operation being carried on upon the Premises. 6. PERSONAL PROPERTY TAXES. If applicable, Tenant shall pay, prior to delinquency, all personal property taxes payable with respect to all Property of Tenant located on the Premises. "Property of Tenant" shall mean and include all personal property of Tenant including inventory, equipment, floor, ceiling and wall coverings, furniture and trade fixtures kept or used on or installed in the Premises and any improvements to the Premises that are owned by and separately assessed to Tenant. 7. ASSIGNMENT AND SUBLETTING. Tenant shall not, without first obtaining the Landlord's consent: (a) sell, assign, mortgage, or transfer this Lease (or any interest therein); (b) sublease all or any portion of the Premises; or (c) allow the use or occupancy of the Premises by anyone other than Tenant. No assignment or sublease shall relieve the Tenant of any liability under this Lease, unless Landlord consents in writing to accept such assignment or sublease as a whole or partial novation. Notwithstanding the foregoing, any transfer of this Lease by merger, consolidation or liquidation of Tenant shall not constitute an assignment hereunder. 8. SURRENDER OF PREMISES; REMOVAL OF PROPERTY. Subject to the terms of Section 12, upon expiration of the Term or earlier termination of the Lease, whether by lapse of time or otherwise (including any holdover period, as described herein in Section 18), Tenant at its expense shall: (a) remove the Property of Tenant and the personal property of all persons claiming under Tenant; (b) repair and restore the Premises to a condition as good as received by Tenant from Landlord or as thereafter improved, reasonable wear and tear excepted; and (c) promptly and peacefully surrender the Premises. Any property left on the Premises after the expiration or termination of the Term shall be deemed to have been abandoned and to have become the property of Landlord to dispose of as Landlord deems expedient. Tenant shall be liable for all costs associated with the disposal of such property. Tenant hereby waives all claims for damages that may be caused by Landlord's reentering and taking possession of the Premises or removing and storing the Property of Tenant and other property as herein provided. No such reentry shall be considered or construed to be a forcible entry. Tenant shall indemnify Landlord against any loss or T V A OU A lSDIUVJL XVXrr .. liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, any claims made by a succeeding tenant founded on such delay. 9. CONDITION OF PREMISES; ALTERATIONS. 9.1. Condition of Premises. Landlord has not made any representations or promises whatsoever with respect to the Premises and Tenant is relying on its own investigation and inspection of the Premises and its own determination of the suitability of the Premises, physically and legally, for its intended use. The parties acknowledge the condition of the kitchen equipment owned by the Landlord, as described in Attachment C. The parties further acknowledge that all of such equipment shall be placed in good working order by the Effective Date at Landlord's sole expense. 9.2. Alterations. Tenant shall make no additions, changes, alterations or improvements to the Premises or any electrical, mechanical or fire protection facilities pertaining to the Premises without the prior written consent of Landlord. Tenant shall be responsible for any and all code requirements resulting from any additions, changes, alterations or improvements to the Premises. 10. SERVICES AND MAINTENANCE. 10.1. Operation and Maintenance. Tenant agrees to repair and maintain the equipment listed in Attachment C. During the Term, Landlord shall repair and maintain the structural portions of the Building, including, but not limited to, the electrical systems, roof, and structural integrity of the Building, unless such maintenance or repairs are required as a result, in whole or in part, of the act of, or neglect of any duty by, Tenant, its agents, servants, employees, or invitees, in which event Tenant shall pay to Landlord the reasonable cost of such maintenance or repairs within ten (10) days of Tenant's receipt of Landlord's bill therefor identifying the costs and expenses thereof. 10.2. Entry and Inspection. Landlord at all reasonable times (and at any time in case of emergency) may enter the Premises for the purpose of inspection, cleaning, repairing, altering, maintaining or improving the Premises or the Building subject to Tenant's reasonable security requirements and reasonable client confidentiality requirements. 11. LIENS. Tenant agrees that it will pay or cause to be paid all costs for work done by Tenant on the Premises, and Tenant will keep the Premises free and clear of all mechanics' liens on account of work done by Tenant or persons claiming under Tenant. Tenant agrees to defend, indemnify and save Landlord free and harmless against liability, loss, damage, costs, attorneys' fees, and all other expenses on account of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished to Tenant or persons claiming under Tenant. T Tr A 010 A nn Viol KMT'r If Tenant shall desire to contest any claim of lien, it shall furnish Landlord adequate security for the value or in the amount of the claim, plus estimated costs and interest, or a bond of responsible corporate surety in such amount conditioned on the discharge of the lien. If a final judgment establishing the validity or existence of lien for any amount is entered, Tenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which a mechanics' lien claim and suit to foreclose has been filed and Tenant shall not have furnished Landlord adequate security as more particularly provided above, then, in order to protect the Premises and Landlord against such claim of lien, Landlord may (but shall not be required) pay the claim and any costs, and the amount so paid, together with reasonable attorneys' fees incurred in connection therewith, shall be immediately due and owing from Tenant to Landlord, and Tenant agrees to and shall pay the same. Should any claims of lien be filed against the Premises or any action affecting the Premises be commenced, the Party receiving notice of such lien or action shall forthwith give the other Party written notice thereof. 12. EARLY TERMINATION DUE TO DAMAGE OR DESTRUCTION. In the case of damage to the Premises or Building by fire or other casualty, Tenant shall immediately notify Landlord. If the Premises or Building are damaged by fire or any other cause to such extent that the cost of restoration, as reasonably estimated by Landlord, will equal or exceed 10% of the replacement value of the Premises or Building, as the case may be, prior to the occurrence of the damage, or if insurance proceeds sufficient for full restoration are unavailable for any reason, then either Party no later than the 90th day following the damage may give the other Party a notice of that Party's election to terminate this Lease. In the event of such election, this Lease shall be deemed to terminate on the 3`d day after the giving of such notice, and Tenant shall surrender possession of the Premises within a reasonable time thereafter. If the cost of restoration as reasonably estimated. by Landlord shall amount to less than 10% of said replacement value of the Premises or Building, as the case may be, and insurance proceeds sufficient for restoration are available, or if Landlord does not elect to terminate this Lease under this Section, then Landlord shall restore the Premises with reasonable promptness, subject to delays beyond Landlord's control, and Tenant shall have no right to terminate this Lease. 13. INDEMNIFICATION. 13.1. By Tenant. Tenant agrees to indemnify and hold Landlord and Landlord's employees, and agents harmless against all actions, claims, demands, costs, damages or expenses of any kind on account thereof including, without limitation, attorneys' fees and costs of defense, which may be brought or made against Landlord or which Landlord may incur, by reason of Tenant's negligent or willful act or omission. 13.2. By Landlord. Landlord agrees to indemnify and hold Tenant and Tenant's members, directors, officers, employees, and agents harmless against all actions, claims, demands, costs, damages or F U A VV A n_n L'LAR IXTIr expenses of any kind on account thereof including, without limitation, attorneys' fees and costs of defense, which may be brought or made against Tenant, or which Tenant may pay or incur, by reason of Landlord's negligent or willful act or omission. 14. INSURANCE. 14.1. Comprehensive Liability Insurance. Tenant shall purchase and maintain throughout the term of this lease in force with an insurance carrier acceptable to Landlord a policy of commercial general liability insurance covering the activities of Tenant in connection with the Premises, having a combined single limit of not less than $1,000,000.00 per person and per occurrence and property damage liability insurance with a limit of not less than $1,000,000 per accident or occurrence. The insurance shall insure against any and all liability of Tenant with respect to the Premises and any other portions of the Building used or useable by Tenant. Landlord shall also maintain a Liability Insurance policy to cover the property. The tenant shall cause the Landlord to be named as an additional insured on the tenant's commercial general liability insurance policy. 14.2. Personal Property Insurance. Tenant shall purchase and maintain in force insurance covering all of Tenant's and Landlords furniture and fixtures, machinery, equipment, inventory, and other personal property owned and used in Tenant's business and found in, on, or about the Premises or the Building, and any leasehold improvements to the Premises, if any, in an amount not less than 100% of the full replacement cost. All policy proceeds will be used for the repair or replacement of the property damaged or destroyed regardless of the causes of such damage; however, if this Lease ceases under the provisions of Section 12, Tenant will be entitled to any proceeds resulting from damage to Tenant's furniture and fixtures, machinery, equipment, inventory, and any other personal properly. The tenant shall cause the Landlord to be named as an additional insured on the tenant's personal Properly insurance policy. 143. Casualty Insurance. Landlord shall maintain insurance on the Building (excluding any fixtures and items which Tenant is entitled to utilize or required to remove, which insurance Tenant shall provide) against damage by fire and the perils now specified in the most current standard extended coverage endorsement in an amount equal to the replacement cost of the Building as reasonably determined by Landlord, exclusive of the cost of excavations, foundations, and footings. The insurance provided for in this Section may be provided within the coverage of a blanket policy(s) of insurance carried and maintained by Landlord. 14.4. Policy Form. All policies of insurance provided for herein shall be issued by insurance companies rated A, Class VI, or better in Best's Key Rating Guide and qualified to do business in the State of Idaho. All insurance required to be furnished by Tenant shall be on forms and with loss payable clauses satisfactory to Landlord naming Landlord as additional insured and copies of policies of such insurance or certificates issued by the insurance company evidencing the existence and amounts of TV A VV A rnnnn,rzXT r A such insurance shall be delivered to Landlord. Failure of Tenant to renew or replace such insurance at least thirty (30) days prior to the expiration date of such policy shall constitute a material default under the terms of this Lease. All policies of insurance provided by Tenant may be provided within the coverage of a blanket policy(s) of insurance carried and maintained by Tenant. 14.5. Failure of Tenant to Insure. In the event the Tenant shall fail to purchase and keep in force any of the insurance required of the Tenant in Section 14, the Landlord has the right to terminate the lease. The Landlord may, but shall not be required to, purchase and keep in force the same, in which event the Tenant shall pay to the Landlord the full amount of the Landlord's expenses with respect thereto, said payment to be made within ten (10) days after demand for such payment by the Landlord. 15. SIGNS. Tenant shall be permitted to place temporary signage on or about the Building subject to Landlord's approval. The tenant shall initiate, obtain approval and comply with all applicable codes. All signs placed by Tenant permitted under this Section shall be at Tenant's sole cost and expense and shall be constructed, designed and located in accordance with all laws, rules, regulations and ordinances of any and all governmental authorities having jurisdiction over such signs. Upon termination of this Lease, Tenant shall remove all of Tenant's signs and sign fascia at Tenant's sole cost and expense and repair any resulting damage to the Premises and the Building in a good and workmanlike manner. 16. CONDEMNATION. 16.1. Entire Taking. If all of the Premises or the Building or such portions of the Building as may be required for the reasonable use of the Premises, are taken by eminent domain or conveyance in lieu thereof (a "Taking"), this Lease shall automatically terminate as of the date title vests in the condemning authority and all Rent shall be pro rated to that date. A sale by Landlord under a threat of condemnation or while condemnation proceedings are pending shall be deemed a Taking. 16.2. Partial Taking. In the event of a Taking of a part of the Building, and if Landlord determines that the Building should be restored in such a way as to alter the Premises so as to reduce the floor area of the Premises by more than 15% of such floor area immediately prior to the Taking, either Party may terminate this Lease by notifying the other Party of such termination within sixty (60) days following the date of such Taking. Upon notification, this Lease shall terminate on the date specified in the notice, but no sooner than thirty(30) days from the date of such notice, and the Rent hereunder shall be pro rated as of such date. Subject to the foregoing provisions of this Section 16.2, in case of a Taking of a portion of the Building not required for the reasonable use of the Premises, then this Lease shall continue in full force and effect and there shall be no abatement of Rent. TX?AOU An_nUUX A-V.rr 16.3. Awards and Damages. Landlord reserves all rights to damages to the Premises and the Building for any Taking and Tenant shall make no claim against Landlord or the condemning authority for damages for termination of the leasehold interest. Tenant shall have the right however, to claim and recover from the condemning authority compensation for any loss to which Tenant may be entitled for Tenant's moving expenses, business interruption or Taking of Property of Tenant (not including Tenant's leasehold interest), to the extent that such loss is awarded separately in the eminent domain proceeding and not out of or as part of the damages recoverable by Landlord. 17. DEFAULT; REMEDIES. 17.1. Events of Default. The occurrence of any of the following events shall constitute a material default and breach of this Lease ("Event of Default") by Tenant: 17.1.1. Tenant fails to pay any installment of Rent within ten (10) days following its due date without the requirement of written notice or demand; 17.1.2. Tenant fails to pay any other sum payable under this Lease within ten (10) days after written demand therefor is delivered to Tenant; 17.1.3. The default by Tenant in the performance of any of Tenant's covenants, agreements or obligations hereunder (excluding a default in the payment of Rent or other monies due) which continues for thirty (30) days after written notice thereof is delivered to Tenant by Landlord; provided if the alleged default cannot be cured within a thirty (30) day period, then Tenant will not be deemed to be in default if Tenant commences to cure the Event of Default within the thirty (30) day period and proceeds diligently to complete such cure; 17.1.4. A general assignment by Tenant for the benefit of creditors; 17.1.5. The filing of a voluntary petition in bankruptcy, the filing for an arrangement, or the filing of a voluntary or involuntary petition for reorganization or the filing of an involuntary petition by Tenant's creditors which remains undischarged for a period of sixty (60) days; or 17.1.6. Tenant is the subject of a receivership, attachment or other judicial seizure of substantially all of Tenant's assets on the Premises, such attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereon or 14. 17.1.7. Tenant fails to obtain and maintain the insurance described in Section 17.1.8. If Landlord determines that a life and/or safety situation exists due to the Tenant's acts and/or omissions excluding a default in the payment of rent or other monies due to the Landlord. T U A OU A 1--DUVX4 ^Arr 17.2. Landlord's Remedies. In the event of an Event of Default by Tenant, Landlord shall have all rights and remedies available at law or in equity. The rights, privileges, elections and remedies of Landlord set forth in this Lease or allowed by law or equity are cumulative and the enforcement by Landlord of a specific remedy shall not constitute an election of remedies and/or a waiver of other available remedies. In the event of a material default, Landlord's remedies shall include, but not be limited to the following: 17.2.1. Terminate this Lease by written notice on the earliest date permitted by law or on any later date specified in such notice, in which case Tenant's right to possession of the Premises will cease and this Lease will be terminated, except as to Tenant's liability; 17.2.2. Without further demand or notice, reenter and take possession of the Premises, repossess the same, expel Tenant and those claiming through or under Tenant, and remove the effects of both or either, without being liable for prosecution, damage or otherwise and without being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of Rent or other amounts payable under this Lease or as a result of any preceding Event of Default; 17.2.3. Without further demand or notice, cure any Event of Default, and charge Tenant as additional rent the cost of effecting such cure, including without limitation reasonable attorneys' fees and interest on the amount so advanced at 10•/o per annum; 17.2.4. Without further demand or notice, accelerate the payment of all Rent and other monetary sums payable by Tenant for the balance of the Term and upon any such election such sums shall be immediately due and payable in full. Should Landlord elect to reenter as provided in Section 17.2.2 or should Landlord take possession pursuant to legal proceedings or pursuant to any notice provided by law, Landlord may, from time to time, without terminating this Lease, relet the Premises or any part of the Premises in Landlord's or Tenant's name, but for the account of Tenant, on commercially reasonable terms and conditions as Landlord, in its reasonable discretion may so choose. Landlord will in no way be responsible or liable for any failure to relet the Premises, or any part of the Premises, or for any failure to collect any rent due upon such reletting. No such reentry or taking possession of the Premises by Landlord will be consttved as an election on Landlord's part to terminate this Lease unless a written notice of such intention is given to Tenant. No written notice from Landlord under this Section or under a forcible or unlawful entry and detainer statute or similar law will constitute an election by Landlord to terminate this Lease unless such notice specifically so states. Landlord reserves the right following any such reentry or reletting to exercise its right to terminate this Lease by giving Tenant such written notice, in which event this Lease will terminate as specified in such notice. If Tenant should abandon, vacate or surrender the Premises or be dispossessed by process of law, any personal property left upon the Premises may be deemed abandoned, or, at the option of Landlord, on such reentry Landlord may take possession of any and all furniture, fixtures or chattels in or on the Premises and sell the same or dispose of at tenant's expense. T V A r,c A rI-nUJC7►4LIAT�r 173. Landlord's Default. The occurrence of any of the following events shall constitute an event of default by Landlord: 17.3.1. The default by Landlord in the performance of any of Landlord's covenants, agreements or obligations under the Lease which continues for thirty (30) days after written notice thereof is delivered to Landlord by Tenant; provided if the alleged default cannot be cured within a thirty (30) day period, then Landlord will not be deemed to be in default if Landlord commences to cure the event of default within the thirty (30) day period and proceeds diligently to complete such cure. 18. NO HOLDING OVER Tenant will, at the termination of this Lease by lapse of time or otherwise, yield up possession to Landlord. If Tenant remains in possession of all or any part of the Premises after the expiration of the Term, with or without the express or implied consent of Landlord, such tenancy shall be from month to month only, and not a renewal hereof or an extension for any further term, and in such case Rent and all other monetary sums due hereunder, shall be payable in the amount and at the time specified in this Lease and such month to month tenancy shall be subject to every other term, covenant and agreement contained herein. Landlord expressly reserves the right to require Tenant to surrender possession of the Premises upon the expiration of the Term of this Lease or upon the earlier termination thereof, the right to re-enter the Premises, and the right to assert any remedy at law or in equity to evict Tenant and collect damages in connection with any such holding over. 19. PARING. Tenant, its agents, employees, guests and invitees, shall have the non-exclusive right to use the parking areas owned or controlled by Landlord. 20. GENERAL PROVISIONS. 20.1. Notices. All notices under this Lease shall be in writing and delivered in person or sent by registered or certified mail, return receipt requested, postage prepaid, or sent by facsimile or overnight courier (i.e. Federal Express) to Landlord and to Tenant at the addresses set forth in Section 1, or to such other addresses as may from time to time be designated by any such party in writing. Notices mailed as aforesaid shall be deemed given 3 days after the date of such mailing or upon the date of receipt if delivery is made in person or via overnight courier. Notices given by facsimile shall be deemed given when confirmed by telephone. 20.2. Costs and Attorneys' Fees. In the event of any controversy, claim or action being filed or instituted between the Parties to enforce the terms and conditions of this Lease, or arising from the breach of any provision hereof, the prevailing Party will be entitled to receive from the other Party all costs, damages, and expenses, including reasonable attorneys' fees including fees on appeal and for bankruptcy rUAaID AnnUUJk4uxTr 1n proceedings, incurred by the prevailing Party, whether or not such controversy or claim is litigated or prosecuted to judgment. The prevailing Party will be that Party who was awarded judgment as a result of trial or arbitration, or who receives a payment of money from the other Party in settlement of claims asserted by that Party. 203. Mediation Any disputes between the Parties in connection with the rights and obligations under this Lease, shall be settled by mediation upon the request of any Party and the mutual agreement of both parties. Mediation shall be a required precursor to litigation filed regarding this Agreement. All costs associated with Mediation shall be shared equally by the parties. 20.4. Estoppel Certificate. Landlord or Tenant shall at any time upon not less than ten (10) days prior written notice from the respective Landlord or Tenant execute, acknowledge and deliver to Landlord or Tenant as necessary a statement in writing (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) and the date to which the rent and other charges are paid in advance, if any, and (ii) acknowledging that there are not, to Landlord. or Tenant's respective knowledge, any uncured defaults on the part of Landlord or Tenant hereunder, or specifying such defaults if they are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrance of the Premises or the Building. Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant (i) that this Lease is in fiill force and effect, without modification except as may be represented by Landlord, (ii) that there are no uncured defaults in Landlord's performance. 20.5. Nonwaiver. Waiver by Landlord of any term, covenant or condition herein contained or any breach thereof shall not be deemed to be a waiver of such term, covenant, or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of any Rent hereunder by Landlord shall not be deemed to be a waiver of any Preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular Rent so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such Rent. 20.6. Warranties of Tenant. Tenant warrants and represents to Landlord, for the express benefit of Landlord, that (a) Tenant has undertaken a complete and independent evaluation of the risks inherent in the execution of this Lease and the operation of the Premises for its use permitted hereby, and that, based upon said independent evaluation, Tenant has elected to enter into this Lease and hereby assumes all risks with respect thereto: (b) no oral or written inducement(s) to execute this Lease have been made to Tenant; (c) in entering into this Lease, Tenant relies upon no statement, fact, promise or representation (whether express or implied, written or oral) not specifically set forth herein in writing; and (d) any statement, fact, promise or representation not expressly contained herein shall in T V ACV A l S1WDUIL AVXTT 7 1 no way bind Landlord, and Tenant hereby waives any right, rescission and all claims for damages by reason of any statement, fact, promise, representation, if any, not contained in this Lease. On the basis of the foregoing warranties and representations of Tenant, Landlord is willing to enter into this Lease. In the event any of such warranties or representations of Tenant herein contained shall be inaccurate or untrue Landlord may, in addition to all other rights of Landlord at law or equity, terminate the Lease at any time thereafter upon written notice to Tenant. 20.7. Nondiscrimination and Nonsegregation. Each Party covenants by and for itself and its heirs, executors, administrators and assigns, and all persons claiming under or through such Party that this Lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the Premises, nor shall any person claiming under or through that Party, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendors in the Premises. 20.8. Miscellaneous. Titles or captions to sections of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part hereof. All Attachments to this Lease are incorporated into, and become a part of, the Lease upon attachment thereto. Subject to the restrictions on assignment incorporated in Section 7, all of the covenants, agreements, terms and conditions contained in this Lease shall inure to and be binding upon Landlord and Tenant and their respective heirs, executors, administrators, successors and permitted assigns. This Lease contains all covenants and agreements between Landlord and Tenant relating in any manner to the leasing, use and occupancy of the Premises and Tenant's use of the Building and other matters set forth in this Lease. No prior agreements or understandings pertaining to the same shall be valid or of any force or effect and the covenants and agreements of this Lease shall not be altered, modified or added to except in writing signed by Landlord and Tenant. Any provision of this Lease that shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof and the remaining provisions hereof shall remain in full force and effect. Time periods for performance under any provisions of this Lease shall be extended for periods of time during which performance is prevented due to circumstances beyond either Party's control, except for Tenant's obligations to pay Rent hereunder, including, without limitation, strikes, embargoes, shortages of labor or materials, governmental regulations, acts of God, war or other strife. This Lease shall be governed by and construed in accordance with the laws of the State of Idaho. Time is of the essence of this Lease. This Lease may be executed in two or more counterparts, each of which shall constitute an original and all of which shall be one and the same agreement. The word "day" means "calendar day" herein unless otherwise expressly stated and the computation of time shall include all Saturdays, Sundays and holidays for purposes of determining time periods specified herein. T D A OU A f' DUT7Jk=XT'r 711 20.9 Broker Each Party represents and warrants to the other Party ("Non -breaching Party') that it has not engaged any broker, finder or other person (except as disclosed in this Section) who would be entitled to any commission or fees in respect to the negotiation, execution or delivery of this Lease and each Party shall indemnify and hold the Non-breacbing Party harmless from and against any loss, cost, liability or expense incurred by the Non -breaching Party as a result of any claim asserted by any such broker, finder or other person based on any an-angements or agreements made or alleged to have been made by or on behalf of the Party. IN WITNESS WHEREOF, the Landlord and the Tenant have entered into this Lease effective as of the Effective Date hereof. LANDLORD: THE CITY OF MERIDIAN ATTEST: By 6-6 .rt, x i -P`. Tammy de Weerd, Mayor CITY CLERKyM TENANT: Will Loverde, dba Idaho's Five Star Concessions J Will Loverde T CA VU A n1D VV K dCAT'P 11 Attachment A SCOPE OF SERVICES A. Regular Weekday and Weekend Concession Building Services (Settlers Park): 1. Operate the concession building between the hours of 11:00 a.m. — 7:00 p.m. at a minimum and may open as early as 9:00 a.m. and close at 9:00 p.m. The Concessionaire is required to seek approval of the Recreation Coordinator for operating hours and maintain a constant schedule throughout the season. B. Friday Concession Building Services: 1. Same as above with the exception of a closing time of 11:30 p.m. or the end of the event. C. Additional Concession Building Requirements. Concessionaire is required to have swim diapers available for sale at all times during open hours. 7 0 A OL' A 13D 27i7A AI7ATT 1A Attachment B PAYMENT SCHEDULE V�- A. . Fees for concession building services shall be paid to the City, upon verification of sales, on a monthly basis no later than the 10* of the following month. Copies of daily cash register receipts must be submitted weekly and will be used to verify monthly totals. B. Tenant shall keep a full and accurate set of books, adequately showing gross receipts received during each month for all operations associated with this Lease Agreement and shall with reasonable notice, allow Landlord to inspect said books and receipt records. I TASK I DESCRIPTION AMOUNT 10% of gross A• Regular Weekday and Weekend Concession Building Services sales B. Friday Concession Building Services: 30% of gross sales T L' A Qn A d"-'DT71LIIk A -0X 'T i G Attachment C LIST OF LANDLORD'S FIXTURES 1. Freezer 2. Fridge 3. Microwave 4. Cash Register 5. Popcorn Machine 6. Three compartment sink 7. Handwashing Sink 8. Mop Sink rUA00 A4-MUUX,U'krr 14 May 29, 2009 MERIDIAN CITY COUNCIL MEETING June 2, 2009 APPLICANT ITEM NO. 5-E REQUEST Approve New Beer and Wine License for €I Tenampa located at 906 North Main Street AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed• Date: COMMENTS See attached Phone: awn 111111U15.- Materials nmcns:Materials presented at public meetings shall become property of the City of Meridian. 3}4 NEW BEERIWINE LICENSE APPLICATION INTERNAL APPROVAL CHECKLIST � ��ele7a- For Internal - Office Use Only: W 4* quo Applicant: EI Tenampa Inc. Business Name: EI Tenampa Location: 906 N. Main St., Meridian Idaho 83642 License Type: [X] Beer [X] Wine 0 Liquor — (wine included) Application / File Fee: Beer $200.00 and Wine $200.00 - $400.00 Receipt No. 15988 Economic Development: Economic Development Approval: N/A Signature Date Police Department: Police Chief Approval: C,_%QjeA, Signature Date Fire Department: Fire Chief Approval: 6///d Signature `Date Planning Department: Planning Director Approval: ° �--Ld 9 Signature Date Public Works Department: Development Services Manager Approval: L,� .� f�� �� 9 Signature Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This item is scheduled to be approved on the June 2nd, 2009 City Council Agenda. THANK YOU. NEW BEER/WINE LICENSE APPLICATION INTERNAL APPROVAL CHECKLIST For Internal - Office Use Only: W- Applicant: EI Tenampa Inc. Business Name: EI Tenamoa Location: 906 N. Main St., Meridian Idaho 83642 License Type: [X] Beer [X] Wine a Liquor - (wine included) Application / File Fee: Beer $200.00 and Wine $200.00 - $400.00 Receipt No. 15988 Economic Development: Economic Development Approval: N/A Signature Date Police Department: Police Chief Approval: Signature Date Fire Department: Fire Chief Approval: i n re Date Plannina Department: Planning Director Approval: 1 J Signature Date Public Works Department: Development Services Manager Approval: Signature Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This item is scheduled to be approved on the June 2nd, 2009 City Council Agenda. THANK YOU. CITY CLERKSg0FFICE dO� Is ( i<i PLICATION FOR NEW WINE LICENSE ��ise�e y �aerc'd i�eed,Grg sa 604 W. Linden St'giet APPLICATION YEAR _..--�{ J Z - 9D/O Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba pn is hereby made for a license as a Retailer Only ur Irvine and fee in the sum of $ Zz7 o, d g-�, is enclosed. (Retatter - $200.00) Name of Business F/ 124- 1 , 37,- rte , Address 1V Ma -j ra. /%p►ar` uPhone j?ee- alp n: Type of Business eA e. p2ox c. 2� Lo rL (Insert: corporation, indWual, Partnership, etc.) Name of Applicant Ro ts d /1 a. P, ; i��d 2�.� a-, /.0/az %ZIv11-x'2- tiane Address Age a., ;-LD Kid 97 Phone��� - 9� Address of Premises 1D1, N P%a; �'/ea; d-i'a a A da-, Street Address city county (2) Premises are (check one: Owned Owned or Mortgaged Amount of loan secured by mortgage:$ : leased rented Owner of building is J0 K �S k u I LZ Name and Address Person holding mortgage on premises is 1A Name and Address Fixtures in the premises are of the value of $ 0M,#Vand are (check one): Owned Held on Conditional Sales Contract Leased or Rented If fixtures are held on Conditional Sales Contract or are leased or rented, the owner is: 91A T' Name and Address City Clark's Office . 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433. Fax 208-888-4218 . www.maridiancity.org If applicant is a Partnership, the names and addresses of the other partners are: Corporate applicant must furnish the following: Date and place of incorporation: Z.,9-Z� Registered Office:_ Z520 Na -,To V46 - Name of Manager of Corporation: 6'r, %"1 A; a, p� d r Z -a-, Manager of Corporation became a resident of Idaho on: W I Names of all officers and Board of Directors of Corporation: If wholesaler, address where records are kept: Recommendations (6 or more residents of Meridian required): 2. 3. STATEMENT AND OATH OF PERSONAL QUALIFICATIONS OF APPLICANT STATE OF Idaho ADA COUNTY I, JCid i-Y1�lr101 ��rC�1ZOt , being first duly swum on my oath and say: That I reside at 1Y 4, An nay; Tt7 VS4,s'/ : that I became a bona fide resident of Wine License Appgcation Page 2 of 4 Idaho on that I am connected with the above named applicant as: A--- Owner Partner Manager of Corporation That I now hold United States Internal Revenue Retail Liquor or Wine Dealer's Stamp No. or Malt Dealer's Stamp No.(if none, write "none") That the following is a statement of the occasions within the past three years upon which I have been convicted of any violation of the Laws of the United States, the State of Idaho, or any other state of the United States, regulating governing or prohibiting the sale of alcoholic beverages or intoxicating liquor, or have within the past three years forfeited or suffered the forfeiture of a bond for my appearance to answer charges of any such violation: (if none, write "none) Date of Arrest Place of Arrest Charge Disposition That the following is a statement of the occasions upon which I have been convicted of any felony within the past five years or have paid any fine or completed any sentence of confinement therefore within the past five years: (if none, write "none") Date of Arrest Place of Arrest Charge Disposition That the following is a statement of the occasions within the past three years when my application for or my license to deal in beer, wine or liquor have been refused, suspended or revoked (if none, write "none") Date of Refusal, Suspension or Reason for Refusal, Suspension or Revocation Revocation Wine Ucense Application Page 3 of 4 That I am a citizen of the United States: (if naturalized, give number & place) (If wholesaler, cross out the following line) That I am not an official, agent or employee of any distillery, winery, brewery, of wholesaler or jobber of liquor or malt beverages. Signature of Applicant STATE OF IDAHO ) ) ss: County of ) 1 HEREBY CERTIFY that on this _ day of d?�� before the u e igned, a Notary Public in the State of Idaho, pe onaily appeared _ -c- e r� known to me to be the person who executed the said instrument, and ackno edged to me that he / she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sea], the day and Y��Ir►e191th�rtificate first above written. (SES) No ryPubl'c for Idaho _ *o ®® : *E Residing at , Idaho :, p�eL1c s My Commission Expires: ���/111111111►��� False statements in this application constitutes a felony and are punishable by imprisonment for not more than fourteen (14) years (Title 18, Chapter 54, Idaho Code). 1Nine License Application Page 4 of 4 Mayor Tammy de weerd City Council (Members; Keith Bird Joe Borton Charles Rountree ,)avid Zaremba APPLICATION FOR NEW BEER LICENW " 'd soww 604 W. Unddn Streit. APPLICATION YEAR,Caldwell., Idd-ho 81665 (1 } Application is hereby made for a license as a &�, Ie -o, Reteder or Package Vend Of beer and fee in the sum of $ off®®o e © is enclo�v,. Name of Business o!�-/ %e_ rr Q sa err e- `�� ��-� iia � �. � t % � � , i � /♦ Type of Business Re,s tog-, jj a &-Af�- pnsert Corporation, Individual, Partnershi . eta) Name of Applicant %?,o c; ,o Pj4- x; a_ �! a /v 10 � ;E� /ve- a- at- h 'W- h e - Address He- va ;, -7-:,D e,,:r,6s/ Phone_4eG,$ Address of Premises 5'0/ /5(, l�la; /'ul�rz, ,��., ti A t street Address city county (2) Premises are (check one: Owned Owned or Mortgaged Amount of loan secured by mortgage:$ � eased rented Owner of building is .Jo r vrk U f Name and Address Person holding mortgage on premises is Namd and Address Fixtures in the premises are of the value of $ 60and are (check one): Owned Held on conditional Sales contract Leased or Rented If fixtures are held on Conditional Sales Contract or are leased or rented, the owner is: N / A Name and Address City Clerk's Office . 33 E. Idaho Avenue, Meridian, ID 88642 Phone 208-888-4433. Fax 208-888-4218 . www.merldiancity.org If applicant is a Partnership, the names and addresses of the other partners are: Corporate applicant must furnish the following: Date and place of incorporation: / 99,E Registered Office: ZL62 Wa ^ 42 e,- (1- Id (,d efvd.. Name of Manager of Corporation: Re o_ a zi a R-; a_ Manager of Corporation became a resident of Idaho on: YZA Names of all officers and Board of Directors of Corporation: C9 WINNC W F, If wholesaler, address where records are kept:—,6!/ A Recommendations (6 or more residents of Meridian required): 4. 2. 5. 3. 6. STATEMENT AND OATH OF PERSONAL QUALIFICATIONS OF APPLICANT STATE OF Idaho ADA COUNTY I120C 0 rl`( aKi C jedrOZCt, being first duly sworn on my oath and say. That I reside at/y—=TT 77-D & 5%6 g �7 that I became a bona fide resident of Beer Ucense Application Page 2 of 4 Idaho on that 1 am connected with the above named applicant as: "-'Owner Partner Manager of Corporation That I now hold United States Internal Revenue Retail Liquor or Wine Dealers Stamp No. or Malt Dealer's Stamp No./1/�n (if none, write "none") That the following is a statement of the occasions within the past three years upon which I have been convicted of any violation of the Laws of the United States, the State of Idaho, or any other state of the United States, regulating governing or prohibiting the sale of alcoholic beverages or intoxicating liquor, or have within the past three years forfeited or suffered the forfeiture of a bond for my appearance to answer charges of any such violation: (if none, write "none) Date of Arrest Place of Arrest Charge Disposition That the following is a statement of the occasions upon which I have been convicted of any felony within the past five years or have paid any fine or completed any sentence of confinement therefore within the past five years: (if none, write "none") Date of Arrest Place of Arrest Charge Disposition That the following is a statement of the occasions within the past three years when my application for or my license to deal in beer, wine or liquor have been refused, suspended or revoked (if none, write "none") Date of Refusal, Suspension or Reason for Refusal, Suspension or Revocation Revocation 1-A Beer License Application Page 3 of 4 That I am a citizen of the United States: (if naturalized, give number & place) (If wholesaler, cross out the following line) That I am not an official, agent or employee of any distillery, winery, brewery, of wholesaler or jobber of liquor or malt beverages. of Applicant STATE OF IDAHO ) ) ss: County of ) 1 HEREBY CERTIFY that on this day of 7- ��04 before the undersigned, a Notary Public in the State o Idah , persondily appeared Aires )91vt.L� q ` , known to me to be the person who executed the said instrument, and acknoVAedged.to me that he l she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and y 44Aie rtiflcate first above written. IL .JaJ (S EJ : �� = No ub is for Idaho * o -c:> ® <::m- o * = Residing at Idaho PUB01r, My Commission Expires: 3 - /3 -, DI31 False statements in this application constitutes a felony and are punishable by imprisonment for not more than fourteen (14) years (Title 18, Chapter 54, Idaho Code). Beer License ApppcaUon Page 4 of 4 (this license must be conspicuously displayed.) May1, 2009—April30, 2010 ADA COUNTY LICENSE May], 2009—Apri130, 2010 STATE OF IDAHO 2010 Year .. , EL TE-NAMPA INC:._ EL TENAMPA THIS IS TO CERTIFY THAT is granted a / to conduct a / or for a ALCOHOLIC BEVERAGE License' (Type) at 906 N Main in Meridian 83642 ,State of Idaho (Street Address) (City or Town) NO.14526 and has complied with the laws of theState of Idaho, and/or regulations and ordinances of Ada County. BEER Bottled\Carzred 73.00 WINE, By The Drink 100.00 Signature of Licensee or Officer of Corporation TOTAL 175.00 Approved by the Board of County Commissioners this 26 day of May 2009 .David Navarro, Clerk/Auditor/Recorder Chairman LN z 0 E3 1 C) C)/� C-0 0 CD v **�qy m r F A 0 w c M D CD CD _ CD r— N VI O ® CD q� d ® •D ® h O CD ca 0 c (� 0 -q � O bo e,i m mCD r— A CD mC® iY iiI 1 � l V% O co o m cii m CA 0 �4 vv m Q Q 0 0 CD ® o ® 0 CD b ® t! O v CDmm �mm m r F z M D 0 CDCX � N O ta h. � • �/J}� 0cr Z3 Cb h CD C�lco (� z � bo e,i m mCD A CD iY iiI *� �4 vv m m Lma —CL cl N A =3 0 > N t! � co eC m Q CD C cb °� �. CD co o CL -MtCD n� (� y� (7 ori g� •,.ai0ll r— n CD CD 0 \Ym CD S6d i ay e co .p N O__.an -4 CD d *Nova uo sjjuW(l (3 pGpni;)ul seanWe:j t3Nn-mS a o ■i rA 04 C I Lu O v c C N ILLn. C g M C I 1 .a a� Lr I O m I I N I I I R N O -cc R C � rT I � C 0 � O " PAYMENT DOE NOT INDIC TE ACCEPTANCE OF APPLICATION a a) otS., juW .L cq w W m 6 U a o ■i O .F. id �+ C I Lu O v c C a ILLn. C Q' rf C a C4/(lERjDIAN*,---- IDAHO 33 E. Broadway Ave. a Meridian, Idaho 83642 208/888-4433 Date Aoolicant �i .. a_ 'n -P& Address ozal g�jPhone�3/ ■i HECK # NAME ON CHECK IF DIFFERENT THAN APPLICANT CLAN. DESCRIPTION AMOUNT Q I - I I� C C C I .a I Lr I O m I I N I I O N R N N 7 a) C -cc R C � rT I � C 0 C " PAYMENT DOE NOT INDIC TE ACCEPTANCE OF APPLICATION a a) otS., juW .L cq w W m U C4/(lERjDIAN*,---- IDAHO 33 E. Broadway Ave. a Meridian, Idaho 83642 208/888-4433 Date Aoolicant �i .. a_ 'n -P& Address ozal g�jPhone�3/ HECK # NAME ON CHECK IF DIFFERENT THAN APPLICANT CLAN. DESCRIPTION AMOUNT I - I I� I I I I I I I I I I TAX TOTAL PAYMENT DOE NOT INDIC TE ACCEPTANCE OF APPLICATION Page 1 of 1 Nancy Radford From: Bruce Freckleton Sent: Friday, May 29, 2009 2:09 PM To: Nancy Radford Subject: RE: NEW Beer and Wine License for EI Tenampa RUSH! Attachments: Bruce Freckleton (freckleb@meridiancity.org).vcf No problems from Development Services perspective... Thanks C�'�/(EP�A Bruce Freckleton Development Services Manager Meridian Public Works Department From: Nancy Radford Sent: Friday, May 29, 2009 1:06 PM To: John Overton - Police; Joe Silva; Anna Canning; Bruce Freddeton Cc: Jaycee Holman Subject: NEW Beer and Wine License for EI Tenampa RUSH! Hello Everyone, The owner of the current BWL License for EI Tenampa (Dave Edmark) has sold his license; therefore EI Tenampa has applied for a Beer and Wine License. This is an existing establishment and they have asked to be placed on the June 2nd, 2009 City Council Agenda for approval. If you would sign off on the signature sheet and return that to me as soon as possible, that would be much appreciated. Thank you, 414f6of A 04 Assistant City Clerk City of Meridian 33 E. Broadway Ave. Meridian ID 83642 Direct Line: 208-489-0391 5/29/2009 Nancy Radford From: Kenny Bowers Sent: Monday, June 01, 2009 2:47 PM To: Nancy Radford Subject: FW: NEW Beer and Wine License for EI Tenampa RUSH! Attachments: New Beer and Wine License for EI Tenampa.PDF Nancy Everything is ok with the fire dept. -----Original Message ----- From: Joe Silva Sent: Friday, May 29, 2009 1:12 PM To: Kenny Bowers Subject: Fw: NEW Beer and Wine License for E1 Tenampa RUSH! KB let Nancy know if we are good on this one. Joe -------------------------- Sent using B1ackBerry -----Original Message----- ,. mit New Beer Nine License f From: Nancy Radford To: John Overton - Police; Joe Silva; Anna Canning; Bruce Freckleton CC: Jaycee Holman Sent: Fri May 29 13:05:37 2009 Subject: NEW Beer and Wine License for E1 Tenampa RUSH! Hello Everyone, The owner of the current BWL License for El Tenampa (Dave Edmark) has sold his license; therefore El Tenampa has applied for a Beer and Wine License. This is an existing establishment and they have asked to be placed on the June 2nd, 2009 City Council Agenda for approval. If you would sign off on the signature sheet and return that to me as soon as possible, that would be much appreciated. Thank you, Nancy Radford Assistant City Clerk City of Meridian 1 NEW BEER/WINE LICENSE APPLICATION INTERNAL APPROVAL CHECKLIST For Internal - Office Use Only: w.. 94 SaxS=3- Applicant:_ EI Tenampa Inc. Business Name:_ EI Tenamua Location: 906 N. Main St., Meridian Idaho 83642 License Type: [X] Beer [X] Wine a Liquor - (wine included) Application / File Fee: Beer $200.00 and Wine $200.00 - $400.00 Receipt No. 15988 Economic Development: Economic Development Approval: N/A Signature Date Police Department: Police Chief Approval:tom.0,-=:� 6 a`Z9 -2,cs <5i Fire Department: Signature Date Fire Chief Approval: Plannina Department: Signature Date Planning Director Approval: _ Signature Date Public Works Department: Development Services Manager Approval: Signature Date PLEASE RETURN THIS SHEET ONLY with the appropriate signature. This item is scheduled to be approved on the June 2nd, 2009 City Council Agenda. THANK YOU. May 29, 2009 MERIDIAN CITY COUNCIL MEETING June 2, 2009 APPLICANT ITEM NO. S -F REQUEST Task Order No. 10002a with CH2M Hill, Inc. for Odor Control Preliminary Design for $36,900.00 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: COMMENTS See attached av< Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shag become property of the City of Meridian. Memo To: Jaycee Holman; Tara Green From: Roxanne Holland, E.I.T., Staff Engineer CC: Clint Dolsby, P.E., Assistant City Engineer Date: May 27, 2009 Re: Proposed Agenda Item for June 2, 2009 City Council Meeting The Public Works Department respectfully requests the following item be placed on the June 2 City Council agenda, under Consent Agenda, for Council's consideration: Task Order No. 10002a — Odor Control Preliminary Design. CI -12M Hill, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $36,900. This work will be done in accordance with the CI -12M Hill Master Agreement for Professional Services dated January 1, 2007. This project is required to control excessive odor from the Headworks at the WWTP. The scope of work includes treatment technology evaluations, building evaluation, primary clarifier splitter box odor control evaluation and a preliminary engineering report. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Task Order No. 10002a — Odor Control Preliminary Design with CH2M Hill, Inc. for $36,900 and authorize the Mayor to sign It. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 TASK ORDER NO. 10002a UNDER THE MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN AND CH2M HILL, INC. This Task order is entered into by and between City of MERIDIAN (OWNER) and CH2M HILL, Inc. (ENGINEER), according to the terns and conditions of the Master Agreement (AGREEMENT) for Professional Services, dated January 1, 2007. See Attachments A and B for the Scope and Fee for Task 10002a. All other terms and conditions of the original agreement will remain in full force and effect. IN WITNESS WHEREOF, the parties execute below: For CH2M HILL, Inc. fated this day of 4& 2009. For City of MeridiaF dated this �l day of , 2009. Tammy de Weerd, Mayor Attest: Attest: an, Ho ityClerk: = y Approved By City Council: ' '9� r 19A • P� CbUN I as' 'c Works Task Order 10002a Attachment A Scope of Services Odor Control Preliminary Design Project Understanding The City of Meridian would like to control odors from the Headworks at their wastewater treatment plant. A meeting on April 8, 2009 concluded that a building over the headworks is desired, but the installation of future screens needs to be considered in the building layout. Nofilters or Bioscrubbers are the preferred treatment equipment of choice, and further refinement of the two technologies is needed. Additionally, odor control for the primary clarifier splitter box needs to be considered as part of the odor control solution. Sampling of the airspace around the splitter box and primary clarifier weirs to determine the extent of odor generation is needed. A Preliminary Design Report summarizing the recommended course of action for odor control facilities will be prepared and submitted to IDEQ. Scope of Mork CH2M HILL will perform the following tasks as part of this scope of work Task 1—Project Management Project management includes project scoping, staff management, task coordination, monitoring project progress, Preparing invoices, and ensuring project quality control.. Task 2—Treatment Technology Evaluations Bioscrubbers and inorganic biofilters will be evaluated in detail including developing preliminary layouts and providing detailed order of magnitude cost estimates. The results of the analysis will be included in the Preliminary Engineering Report submitted to IDEQ. Task 3—Building Evaluation The feasibility of installing internally fed band screens into the existing channels in the future will be reviewed. The results of the analysis will be included in the Preliminary Engineering Report submitted to IDEQ. Task 4—Primary Clarifier Splitter Box Odor Control Evaluation Air sampling around the Primary Clarifier Splitter Box will be conducted to determine if any odor problem exists. A hand-held Jerome meter will be used to measure grab samples of H2S at the Splitter Box. If objectionable levels of H2S are found, odor control measures will be provided for the splitter box. The results of the analysis will be included in the Preliminary Engineering Report submitted to IDEQ Task 5 - Preliminary Engineering Report An Engineering Report summarizing the preliminary design effort, will be prepared in accordance with IDAPA 58.01.16, Wastewater Rules, and submitted to IDEQ. The Engineering Report will include the following sections: • Coordination With Existing Facilities • Design Criteria • Site Evaluation and Layout • Process Units • Instrumentation and Control System • Regulatory and Code Review • Cost Estimate • Schedule CH2MHILL will submit the draft report to the Owner for review. Review comments will be incorporated and two copies will be submitted to IDEQ Boise Regional Office for review and approval. Attachment B Compensation Level of Effort The task level of effort estimates are summarzed in the following table. CH2M HILI, has developed this level of effort estimate based on the work plan presented herein and assumptions stated previously. The fees will be billed as time and material, and will not exceed the total amount below without prior approval by the City. Level of Effort Task Description Total Task 1 Pro1ed Mawgement $3,698 2 Tre t"t Tedmdogy Evaluaalon $0.699 3 Building Evaluation $6.384 4 Splitter Box Evaluation $5.028 5 Preliminary Engineering Report $15.093 Summary - All Tasks $36,900 Schedule The schedule is listed below: • Draft PER submitted to City - 4 weeks after NTP • Draft PER submitted to IDEQ - 2 weeks after receipt of City comments Memo To: Jaycee Holman; Tara Green From: Roxanne Holland, E.I.T., Staff Engineer CC: Clint Dolsby, P.E., Assistant City Engineer Date: May 27, 2009 Re: Proposed Agenda Item for June 2, 2009 City Council Meeting The Public Works Department respectfully requests the following item be placed on the June 2 City Council agenda, under Consent Agenda, for Council's consideration: Task Order No. 10002a — Odor Control Preliminary Design CH2M Hill, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $36,900. This work will be done in accordance with the CH2M Hill Master Agreement for Professional Services dated January 1, 2007. This project is required to control excessive odor from the Headworks at the WWTP. The scope of work includes treatment technology evaluations, building evaluation, primary clarifier splitter box odor control evaluation and a preliminary engineering report. Recommended Council Action: The Public Works Departmerd recommends that City Council approves the contract for Task Order No. 10002a — Odor Control Preliminary Design with CH2M Hill, Inc. for $36,900 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. 0 Page 1 TASK ORDER NO. 10002a UNDER THE MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN AND CH2M HILL, INC. This Task order is entered into by and between City of MERIDIAN (OWNER) and CH2M HILL, Inc. (ENGINEF,R), according to the terms and conditions of the Master Agreement (AGREEMENT) for Professional Services, dated January 1, 2007. See Attachments A and B for the Scope and Fee for Task 10002a. All other terms and conditions of the original agreement will remain in full force and effect. IN WITNESS WHEREOF, the parties execute below: For CH2M HILL, Inc. dated this day of /i 2009. By./AA6ff&%4 vk— Name Title For City of Meridian dated this day of 2009. Tammy de Weerd, Mayor Attest:_ Jaycee Holman, City Clerk Approved By City Council: Purchasing t�00& s- •Z? `moi ubl c orks Task Order 10002a Attachment A Scope of Services Odor Control Preliminary Design Project Understanding The City of Meridian would like to control odors from the I leadworks at their wastewater treatment plant. A meeting on April S, 2009 concluded that a building over the headwork; is desired, but the installation of future screens needs to be considered in the building layout. Biofilters or Bitxwrubbers are the preferred treatment equipment of choice, and further refinement of the two technologies is needed. Additionally, odor control for the primary clarifier splitter box needs to be considered as part of the odor control solution. Sampling of the airspace around the splitter box and primary clarifier weirs to determine the extent of odor generation is needed. A Preliminary Design Report summarizing the recommended course of action for odor control facilities will be prepared and submitted to IDEQ. Scope of Work CI -12M HILL will perform the following tasks as part of this scope of work. Task 1—Project Management Project management includes project scoping, staff management, task coordination, monitoring project progress, preparing invoices, and ensuring project quality control.. Task 2—Treatment Technology Evaluations Bioscrubbers and inorganic biofilters will be evaluated in detail including developing preliminary layouts and providing detailed order of magnitude cost estimates. The results of the analysis will be included in the Preliminary Engineering Report submitted to IDEQ. Task 3—Building Evaluation The feasibility of installing internally fed band screens into the existing channels in the future will be reviewed. The results of the analysis will be included in the Preliminary Engineering Report submitted to IDEQ. Task 4 --Primary Clarifier Splitter Box Odor Control Evaluation Air sampling around the Primary Clarifier Splitter Box will be conducted to determine if any calor problem exists, A hand-held Jerome meter will be used to measure grab samples of H2S at the Splitter Box. If objectionable levels of H2S are found, odor control measures will be provided for the splitter box. The results of the analysis will be included in the Preliminary Engineering Report submitted to IDEQ Task 5 - Preliminary Engineering Report An Engineering Report summarizing the preliminary design effort, will be prepared in accordance with IDAPA 58.01.16, Wastewater Rules, and submitted to IDEQ. The Engineering Report will include the following sections: • Coordination With Existing Facilities • Design Criteria • Site Evaluation and Layout • Process Lints • Instnunentation and Control System • Regulatory and Code Review • Cost Estimate • Schedule CH2MI HILL will submit the draft report to the Owner for review. Review comments will be incorporated and two copies will be submitted to IDEQ Boise Regional Office for review and approval. Attachment B Compensation Level of Effort The task level of effort estimates are summarized in the following table. Cl I2M HILL has developed this level of effort estimate based on the work plan presented herein and assumptions stated previously. The fees will be billed as time and material, and will not exceed the total amount below without prior approval by the City. Level of Effort Task Description Total Task Project Management $3,696 1 2 Treatment Technology Evaluation $6,699 3 Building Evaluation_.... $6,384 4 Splitter Box Evaluation $5,028 Preliminary Engineering Report $15,093 _ Summary - All Tasks $36,900 5 Schedule The schedule is listed below: • Draft PER submitted to City - 4 weeks after fVrP • Draft PER submitted to 1DEQ - 2 weeks after receipt of City comments May 29, 2009 MERIDIAN CITY COUNCIL MEETING June 2,2W9 APPLICANT ITEM NO. S -G REQUEST Award of Bid with Contract Approval with Challenger Companies, Inc. for Well 27 Pumping Facilities for a Not to exceed amount of $350,767.16 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 affached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WELL 27 PUMPING FACILITIES -CONSTRUCTION THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this day of May, 2009, 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 Broadway Avenue, Meridian, Idaho 83642, and CHALLENGER COMPANIES, INC, hereinafter referred to as `CONTRACTOR°, whose business address Is 1415 Madison Ave. Nampa, ID 83687 and whose Public Works Contractor License # is C-12879. INTRODUCTION Whereas, the City has a need for serves involving WELL 27 PUMPING FACILITIES. CONSTRUCTION; 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 Work: 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 all respects, as specified in the document titled °Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties, 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 WELL 27 PUMPING FACILITIES — CONSTRUCTION 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 shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The 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 in the amount of $350,767.16 as provided in Attachment 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 City 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 service 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 benefits, WELL 27 PUMPING FACILITIES — CONSTRUCTION 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 Attachment 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 Upon receipt of a Notice to Proceed, the Contractor shall have 120 (one hundred twenty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500-00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 3.3 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 notification to Contractor. 3.4 Should City fail to pay Contractor all or any par of the compensation set forth in Attachment 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. 3.5 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 officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared WELL 27 PUMPING FACILITIES —CONSTRUCTION page 3 of 11 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 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 Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested In the City and therefore has no authority to bind cr 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 shall 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 WELL 27 PUMPING FACILITIES — CONSTRUCTION page 4 of 11 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. 6. Indemnification and Insurance: 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 Dollars ($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 othe,, 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 irs 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 Broadway Avenue, Meridian, Idaho 83642. WELL 27 PUMPING FACILITIES — CONSTRUCTION page 5 of 11 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. 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 limit 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. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 CHALLEN9ER COMPANIES, INC Attn• Bruce Hero 1415 Madison Ave. Nampa, ID 83686 208.461-0608 Idaho Public Wgr_ks License #: C-12679 WELL 27 PUMPING FACILITIES — CONSTRUCTION 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 Fees: Should any litigation be commenced between the parties hereto conoeming 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 Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 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. Reports 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. WELL 27 PUMPING FACILITIES — CONSTRUCTION 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 this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of 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 shalt 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 Agreement This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, WELL 27 PUMPING FACILITIES —CONSTRUCTION page 8 of 11 oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 23. AppUcable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: C �� n . (2- VAMMY de WEERD, MAYOR Dated: .6-Z-Zov2 CHALLENGER COMPANIES, INC. Ije�21 B. Dated: Syn---& a- , 2c ? q APPmved by City CouneD:1 - a - V Attest:��,� OFUT �p� •,,,���'' , CE HOLMAN, CITY CLERi� $EAL - Approved as to Content is, BY: AIloilo It 11W KEITH VVMW, 151JRC;fASg(Qr'A--G-ENT Dated: --6-2-6q Approved as to Form CITY ATTORNEY Approval `g`` : rr NAME: TITLE: Dated: OuE J— Zor) WELL 27 PUMPING FACILITIES - CONSTRUCTION page 9 of 11 Attachment A SCOPE OF WORK CONSTRUCTION OF WELL 27 PUMPING FACILITES REFER TO INVITATION TO BID PW -09-014 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS Included in the Invitation to Bid Package # PW -09-014, are by this reference made a part hereof. WELL 27 PUMPING FACILITIES — CONSTRUCTION page 10 of 11 Attachment 9 MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $350,767.16 ITEM DESCRIPTION Quantity Unit Price Total 202.4.1.4.1 Excavation 600 $ 11.74 $ 7,044.00 401.4.1.a.la 6' Water Main, AWWA C- goo DR 18 PVC 44 $ 20.62 $ 907.28 401.4.1.a.1 b 12' Water Main, AWWA C- SM. DR 18 PVC 6 $ 31.00 $ 186.00 404A.1.a.1 Dual 1' Water Service Connection 1 61 $ 1,846.00 $ 12.31 $ 1,646..00 $ 750.91 706.4.1.x.3 6' Vertical Cgutter) 706A.1.A.5 Standard 6- Vertical Curb & Gutter 256 $ 11.77 $ 3,013.12 802.4.1.A.1 %' minus crushed aggregate base $70 $ 25.02 $ 9.57 $ 34.77 $ 9,257.40 810.4.1.A.3 2 W think hot plant mix— pavement 101000 197 $ 9,570.00 $ 6,849.69 2040.4.1.A.1 6' coated chain Wn-ce with 4' gate & 2 — 20gates SP -1 Vertical Turbine Pump & Motor 1 $ 50,201.00 $ 50,201.00 $ - 43,158A0 SP -2 Discharge Piping 1 $ 43,156.00 SP -3 Pump House 1 $ 73,329.00 $ 73,329.00 SP -4 Electrical 1 $ 68,176.00 $ 68,176.00 SP -5 Heating, Ventilation and Air Conciftnina 1 $ 14,648.00 $ 14,648.00 SP -6 Standby Generator set 1 $ 51,011.00 $ 51,011.00 SP -7a Irrigation System 1 $ 3,296.00 $ 3,296.00 SP -7b 2' Caliper Tree w/ Concrete Tree Rina & Bark Mulch 13 $ 261.92 $ 3.404.96 SP -7c Lam sod 6880 $ .41 $ 2,820.80 SP -8 Storm Water Management 1 $ 1,500.00 $ 1,500.00 TbTAL $350,767.16 Travel expenses will be paid at no more than the City of Maddlan's Travel and Expense Reimbursement Policy. WELL 27 PUMPING FACILITIES — CONSTRUCTION page 11 of 11 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WELL 27 PUMPING FACILITIES -CONSTRUCTION THIS AGREEMENT FOR PROFESSIONAL SERVICED is made this ?day of May, 2008, and entered into by and between the City of Meridian, a municipal corporation organized under the taws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and CHALLENGER COMPANIES, INC, hereinafter referred to as "CONTRACTOR", whose business address Is 1416 Madison Ave, Nampa. ID 83687 and whose Public Works Contractor License # Is C-12878. INTRODUCTION Whereas, the City has a need for serves involving WELL 27 PUMPING FACILITES - CONSTRUCTION; 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 herelnafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work; 1.1 CONTRACTOR shalt perforin and furnish to the City upon execution of this Agreement and receipt of the City's wren notice to proceed, all services and work, and comply In all respects, as specified in the document titled "Scope of Worts" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to In writing by the parties. 1.2 All documents, drawings and written work product pruned 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 some, except that, as to any work which Is copyrighted by the Contractor, the City reserves a WELL 27 PUMPING FACILITIES — CONSTRUCTION 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 shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represeft 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 tine to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis in the amount of $350,787.18 as provided In Attachment 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 casts Incurred for services provided during the billing perm, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State Income taxes or Social Security Tax from any payment made by City to Contractor under the terns 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, waM 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 benefits, WELL 27 PUMPING FACILITIES — CONSTRUCTION page 2 of 11 retirement benefits, paid holidays or other pail 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, 2009 or (c) unless sooner terminated as provided below or unless some other method or time of termination Is listed in Attachment 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 Upon receipt of a Notice to Proceed, the Contractor shall have = (one hundred twenty) calendar days to complete the work as described herein. Contractor shad be liable to the City for any delay beyond this time period In the amount of SM.00 (fire hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in Neu of any claim or damage because of such delay and not be construed as a penalty. 3.3 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 notification to Contractor. 3.4 Should City fail to pay Contractor all or any par of the compensation set forth in Attachment 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. 3.5 This Agreement shall temnate 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 officers, employees, or agents fails to fulfill in a timely and proper manner its oblations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared WELL 27 PUMPING FACILITIES — CONSTRUCTION pie 3 of 11 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 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. Notvdthstanding 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 agreernent and shall not relive CONTRACTOR of its liability to the CITY for damages. 5. Independent Contract= 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be aging 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 Attachment 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 tern of this Agreement shall 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 WELL 27 PUMPING FACILITIES — CONSTRUCTION page 4 of 11 control with respect to the physical action or activities of Contractor in fulfipment 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. 6. IndemniMmUen and Insurance: 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 perfomrnanoe of this Agreement by the CONTRACTOR, its servants, agents, offrcers, 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 bollars ($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 agues 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 at#omeys' fees, arising out of, revAng 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 its 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 Broadway Avenue, Meridian, Idaho 83642. WELL 27 PUMPING FACILITIES — CONSTRUCTION page 5 of 11 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. 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 AN Insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The Omits of insurance described herein shall not limit 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. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated In this agreement, shall be In wriVng and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 .; COMPANIES, 1 _. Nampa,141§ Madison Ave, � ' i 60 Idahoft Ll-wmw WELL 27 PUMPING FACILITIES — CONSTRUCTION page 8 of 11 Memo To: Jaycee Holman; Tara Green From: Brent Blake, Engineering Technician bblake@meridiancity.org Meridian Public Works Department 33 E. Broadway, Suite 200 Meridian, ID 83642 Phone: 898-5500 Fax: 898-9551 CC: Clint Dolsby, Thomas Bary, Scott Steckline, Kyle Radek, Karie Glenn, Warren Stewart Date: 6/2/2009 Re: Proposed Agenda Item for June 2, 2009 City Council Meeting The Public Works Department respectfully requests the following item be placed on the June 2, 2009 City Council agenda, under Consent Agenda, for Council's consideration: Award of Bid # PW -09-014 and Authorization to enter into a Standard City Contract with Challenger Companies, Inc Well 27 Pumping Facilities - Construction The contract is the result of Invitation for Bid #PW -09-014 opened May 5 2009 Recommended Council Action: Award of Bid and Authorization to enter into a Standard City Contract with Challenger Companies, Inc for Well 27 Pumping Facilities - Construction for the NOT -TO -EXCEED amount of $350,767.16 and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. Please contact me if you have any questions. 0 Page 1 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WELL 27 PUMPING FACILITIES -CONSTRUCTION THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this day of May, 2009, 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 Broadway Avenue, Meridian, Idaho 83642, and CHALLENGER COMPANIES, INC, hereinafter referred to as "CONTRACTOR", whose business address is 1415 Madison Ave. Nampa, ID 83687 and whose Public Works Contractor License # is C-12879. INTRODUCTION Whereas, the City has a need for services involving WELL 27 PUMPING FACILITIES - CONSTRUCTION; 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 Scope of Work: 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 all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 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 WELL 27 PUMPING FACILITIES — CONSTRUCTION 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 shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The 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 in the amount of $350,767.16 as provided in Attachment 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 City 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 benefits, WELL 27 PUMPING FACILITIES — CONSTRUCTION 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, 2009 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment 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 Upon receipt of a Notice to Proceed, the Contractor shall have 120 (one hundred twenty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $600.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 3.3 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 notification to Contractor. 3.4 Should City fail to pay Contractor all or any par of the compensation set forth in Attachment 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. 3.5 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 officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared WELL 27 PUMPING FACILITIES — CONSTRUCTION page 3 of 11 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 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 Attachment 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 shall 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 WELL 27 PUMPING FACILITIES — CONSTRUCTION page 4 of 11 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. 6. Indemnification and Insurance: 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 Dollars ($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 Broadway Avenue, Meridian, Idaho 83642. WELL 27 PUMPING FACILITIES — CONSTRUCTION page 5 of 11 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. 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 limit 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. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 CHALLENGER COMPANIES, INC Attn: Bruce Herold 1415 Madison Ave. Nampa, ID 83686 208-461-0608 Idaho Public Works License #: C-12879 WELL 27 PUMPING FACILITIES — CONSTRUCTION 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 Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 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. Reports 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. WELL 27 PUMPING FACILITIES — CONSTRUCTION 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 this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of 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 Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, WELL 27 PUMPING FACILITIES — CONSTRUCTION page 8 of 11 oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 23. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN CHALLENGER COMPANIES, INC. BY: TAMMY de WEERD, MAYOR BY: Dated: Dated: Approved by City Council: Attest: JAYCEE L. HOLMAN, CITY CLERK Approved as to Content BY: KEITH WATTS, PURCHASING, AGENT Dated: Approved as to Form CITY ATTORNEY Department Approval BY: NAME: TITLE: Dated: WELL 27 PUMPING FACILITIES — CONSTRUCTION page 9 of 11 Attachment A SCOPE OF WORK CONSTRUCTION OF WELL 27 PUMPING FACILITES REFER TO INVITATION TO BID PW -09-014 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -09-014, are by this reference made a part hereof. WELL 27 PUMPING FACILITIES — CONSTRUCTION page 10 of 11 Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $350,767.16 ITEM DESCRIPTION Quantity Unit Price Total 202.4.1.d.1 Excavation 600 $ 11.74 $ 7,044.00 401.4.1.a.1 a 6" Water Main, AWWA C- 900, DR 18, PVC 44 $ 20.62 $ 907.28 401.4.1.a.1 b 12" Water Main, AWWA C- 900, DR 18, PVC 6 $ 31.00 $ 186.00 404.4.1.a.1 Dual 1" Water Service Connection 1 $ 1,646.00 $ 1,646.00 706.4.1.a.3 6" Vertical Curb (no gutter) 61 $ 12.31 $ 750.91 706.4.1.A.5 Standard 6" Vertical Curb & Gutter 256 $ 11.77 $ 3,013.12 802.4.1.A.1 3/" minus crushed aggregate base 370 $ 25.02 $ 9,257.40 810.4.1.A.3 2'/" thick hot plant mix pavement 1000 $ 9.57 $ 9,570.00 2040.4.1.A.1 6' coated chain link fence with 4' gate & 2 — 20' gates 197 $ 34.77 $ 6,849.69 SP -1 Vertical Turbine Pump & Motor 1 $ 50,201.00 $ 50,201.00 SP -2 Discharge Piping 1 $ 43,156.00 $ 43,156.00 SP -3 Pump House 1 $ 73,329.00 $ 73,329.00 SP -4 Electrical 1 $ 68,176.00 $ 68,176.00 SP -5 Heating, Ventilation and Air Conditioning 1 $ 14,648.00 $ 14,648.00 SP -6 Standby Generator Set 1 $ 51,011.00 $ 51,011.00 SP -7a Irrigation System 1 $ 3,296.00 $ 3,296.00 SP -7b 2" Caliper Tree w/ Concrete Tree Ring & Bark Mulch 13 $ 261.92 $ 3,404.96 SP -7c Lawn Sod 6880 $ .41 $ 2,820.80 SP -8 Storm Water Management 1 $ 1,500.00 $ 1,500.00 TOTAL $3509767.16 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. WELL 27 PUMPING FACILITIES — CONSTRUCTION page 11 of 11 May 29, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING June 2, 2009 APPLICANT Planning Department ITEM NO. 6-A-1 REQUEST Request to Amend Area of City Impact for Boise Ranch Golf Course AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: 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. Pagel of 3 Tara Green From: Jaycee Holman Sent: Friday, May 22, 2009 4:57 PM To: Tara Green Subject: FW: Boise Ranch Golf Course - Impact Area Revision Request Follow Up Flag: Follow up Flag Status: Green Jaycee L. Holman City Clerk City of Meridian From: Tammy de Weerd Sent: Friday, May 22, 2009 4:56 PM To: Jaycee Holman; Charlie Rountree Cc: Bill Nary Subject: FW: Boise Ranch Golf Course - Impact Area Revision Request Sorry, thought I replied all... Tammy de Weerd Mayor, City of Meridian C � WE N Zj� ��;, -- tdeweerd@meridiancity.org www.meridiancity.org (208) 489-0529 (208) 884-8119 Linkedln — Click Here Facebook — Click Here From: Tammy de Weerd Sent: Friday, May 22, 2009 4:55 PM To: Anna Canning Subject: RE: Boise Ranch Golf Course - Impact Area Revision Request We can probably put the request on for the first meeting in June. I would suggest a different title as to `request to amend area of city impact for Boise Ranch Golf Course' Tammy de Weerd Mayor, City of Meridian 5/29/2009 Page 2 of 3 C4dENt tdeweerd@meridiancity.org www.meridiancity.org (208) 489-0529 (208) 884-8119 Linkedln — Click Here Facebook — Click Here From: Anna Canning Sent: Friday, May 22, 2009 2:00 PM To: Charlie Rountree; Tammy de Weerd Cc: Jaycee Holman; Bill Nary; Matthew Schultz Subject: FW: Boise Ranch Golf Course - Impact Area Revision Request Mayor and President Rountree, Mr. Schultz requests time on the Council agenda to discus removing an area from our area of city impact and adding to Boise City's. The required actions to accomplish this would be: 1) Gain approval from Meridian City Council to be removed from our area of city impact. 2) Gain approval from Boise City Council to amend their comprehensive plan to include the subject property. 3) Submit (and gain approval of) concurrent applications to Ada County on behalf of Boise City and City of Meridian to a) amend the area of city impact for the City of Meridian and b) amend the area of city impact and applicable comprehensive plan for Boise City. The agenda item should probably read, "Letter of support to amend area of city impact for Boise Ranch Golf Course." Let me know if I can be of further assistance. Be seeing you, Anna Anna Borchers Canning, AICP (208) -5533 phone (los) 489-0569 facsimile From: Matthew Schultz (mailto:schultzdevelopment@yahoo.com] Sent: Thursday, May 21, 2009 11:06 AM To: Anna Canning Cc: Bruce Eggleston; Clint Dolsby Subject: Boise Ranch Golf Course - Impact Area Revision Request Hi Anna, I will be delivering the attached original today for the Boise Ranch Golf Course impact area revision we had talked about previously. Please let me know when we can get in front of Council to discuss. Assuming they approve the "release", we will then engage City of Boise on getting it into their Comp Plan with an appropriate Land Use designation. Thanks! Matt Schultz RMR Consulting, Inc. 2127 S. Alaska Way Meridian, ID 83642 (208) 880-1695 Cell (208) 893-5325 Fax 5/29/2009 Page 3 of 3 schultzdevelopment@yahoo.com 5/29/2009 KMKC0N,5ULT1NG,1NC- 2127 S. Alaska Way Meridian, ID 83642 (208) 880-1695 Office/Cell RE CE hi ) (208) 893-5325 Fax ,JUN 0 2 2009 CITY OF May 21, 2009 CITY CLERKS OFFICE Anna Canning, AICP CP , 1 Meridian Planning Director 33 E Broadway Ave Meridian, ID 83642 Re: Request for City Council Hearing Impact Area Revision Request Boise Ranch Golf Course, Boise, Idaho Dear Anna: On behalf of Wilson Properties LP, please accept this letter as our request for a City Council hearing to discuss the "release" of Boise Ranch Golf Course from the current Meridian Area of Impact. The Boise Ranch Golf Course property of 133 acres is located at the southwest corner of Cloverdale and Lake Hazel Road and is currently in two impact area jurisdictions. The west portion of approximately 70 acres is in the Meridian Area of Impact. The City of Boise Area of Impact covers the eastern remainder with City of Boise sewer service through the site just east of the current Impact Area line. This request is to allow for the entire Boise Ranch Golf Course property to be under a single planning and utility service jurisdiction within the City of Boise. We have attached exhibits showing the proposed revised Impact Area line, aerial with existing sewer location, FEMA Flood Zone "A" location, Fire District, School District, and Irrigation District information for your reference. We look forward to presenting this request to the City Council at your earliest convenience. Please contact me if you have any questions. Sincerely, Matthew Schultz Project Manager Cc: Charles Wilson, Wilson Properties LP adacan D14T F .CO Parcel Number: S1404110025 Primary Ower: WILSON PROPERTIES L P Second Owner: Owner Address: 1101 W RIVER ST STE 150 BOISE, ID 83702-0000 ... - ■t + ?. r 1 T T1 rr/i Ada_ County Assessor Property Address: 6501 S CLOVERDALE RD BOISE, ID 83642-0000 Subdivision: 2N 1E 04 Section: 2N1 E04 Legal 1: PAR #0025 OF NE4 Legal2 SEC 42N 1E Legal 3: #110024-B Lega14 Legal 5: Zoning: RR Acreage: 121.55 s.q -+ z. �p Total Value: $3,172,300 Homeowner Exemption: $0 e�cp sir Valuation COM IMPROVEMENT Acreage 0.00 CV Assessed $950,000 Activeln A State Cat 330 Year 2008 COM IMPROVEMENT Acreage 0.00 CV Assessed $260,200 Activeln A State Cat 330 Year 2008 COM IMPROVEMENT Acreage 0.00 CV Assessed $223,900 Activeln A State Cat 330 Year 2008 RECREATIONAL TRACT Acreage 121.55 CV Assessed $1,738,200 Activeln A State Cat 110 Year 2008 ouniv ragc i vi Wilson Properties LPJ Boise Ranch Golf Course -133 Acres in Blue IAPZ)1 tmepra- prg-r--A :Illi N http://www.a&can&ta.com/mapguide2009/mapviewerajaxlprintablepage.php?SESSION=91880840-ff... 5/20/200! OVERALL SITE TOPOGRAPHY EXHIBIT - HAZEL COLUMBIA i 10 FOOT CONTOURS BOISE RANCH GOLF COURSE 31i 0 11 j!I ( l u 4 u �yfw is t� i� E xt M i !!tt-' mss° IE mac.#1NOW 9 W v y,°`MOO Y h..a9' o I Ig P `5 ,r ";��"` �� � F `_� �.l�, �` 1�"`d'"d..� li )5K.4 c* k .K '^���fb f j �;. ' �t�rj..', ��a`` "`��S` '.�a:�✓" � 3'gi.y �!{�«,�,� ��� �''F ��1� •`f �ji�t ate.. i3 '� , �s�"} �```.�f ��'��' ��*'�'� �%+ �. z•i ifs .a.� ,, � l �J � .�` { �,° �� !, i � z r2> Atka: x � -f�.p �� y-- •'fl yam' `°�'t'.•'.` AdaCounty r2..-.. mmmr-h tl.r►lf (1 -mime- - Fire District ra6lu 1 VL i hUp:llwww.adacandat&com/mapguide2009/mapvieweraj7axlprintablepage.php?SESSION=9829d984-ff... 5/20/200 AdaCounty 0 ` Boise Ranch Golf Course - School District Page 1 of E)3 http://www.adacandata.com/mapguide2009/mapviewerajaxlpfintablepage.php?SESSION=9829d984-f .. 5/20/2009 Ada.County Boise Ranch Page 1 of http://www.adacandata.com/mapguide2009/mapviewerajaxlprintablepage.php?SESSION=9829d984-ff... 5/20/2009 May 29, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING June 2, 2009 APPLICANT Public Works Department ITEM NO. 6-B-1 REQUEST Agreement for Diamond View Assisted Living to Hookup to the City of Meridian's Sewer / Water System Outside the City Limits AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 10 BOISE IDAHO 08/05109 03:13 PM DEPUTY Randy Jennings III ��II'I'III'IIIIi1lI�II�IIIII III III RECORDED -REQUEST OF 1�9�614 II 11 Meridian Ciiq AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS: DIAMOND VIEW ASSISTED LIVING LLC 3570 E AMITY RD MERIDIAN, ID 83642 THIS AGREEMENT is made and entered into this day of 20___, by and between CITY OF MERIDIAN, a Municipal corpo 'on of the State of Idaho, hereinafter referred to as "CITY", and b a 1/►uv n , vin /- as hereinafter defined and hereinafter referred to as "SEWER/WATER USER". 1. RECITALS: 1.1 WHEREAS, "Sewer/Water User" is the sole owner, in law and/or in equity of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", 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, Idaho Code §50-323, provides and empowers cities to establish, create, develop, maintain and operate Sewer/Water systems; and 1.3 WHEREAS, "City" operates and maintains and develops as Sewer/Water system; and 1.4 WHEREAS, the "City" has enacted an ordinance governing its Sewer/Water system codified in Meridian City Code § 9-426 and 9-1-16; and 1.5 WHEREAS, the "Sewer/Water User" is the owner of "Real Property' hereinafter described which is presently located outside of the city limits of the "City"; and 1.6 WHEREAS, the "Sewer/Water User" is desirous of obtaining connection to the Sewer/Water to serve the `Meal Property" and the "City" is willing to provide that connection to the Sewer/Water service to the "Sewer/Water User" subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of the "City's" willingness to enter into this agreement that the "City's" "Ordinance" and "Policy/Regulations" which govern its Sewer/Water system be included as terms and conditions of this agreement and that the "Sewer/Water User" provide perpetual consent to annexation of the "Real AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMM -1 Property' in to the "City". 2. 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: 2.1 "City": means and refers to the City of Meridian, County of Ada, State of Idaho. 2.2 "Sewer/Water User": means and shall refer to and/or the person who is the owner of the real property. 2.3 "Real Property": means and shall refer to certain parcel(s) of real property located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length together with improvements thereon. 2.4 "Ordinance": means and shall refer to the City's ordinances that appertain to the regulation and control and use of its Sewer/Water system presently at Meridian City Code § 9-4-26 and 9-1-16, and this definition specifically includes any prospective amendments and/or recodifications to said ordinance or any parts thereof, and shall also refer to any other ordinance of the City of Meridian governing the "Sewer/Water System". 2.5 "Policy/Regalations": means and shall refer to any City Council enacted policy and/or regulation of its Sewer/Water system. 2.6 "Sewer/Water System": means and shall refer to the City's Sewer/Water system. NOW THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 3. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 4. PROVISION OF SEWER/WATER HOOKUP SERVICE: The "City" agrees to authorize a connection to the "Sewer/Water System" to service the "Real Property" subject to the terms and conditions of this Agreement. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/ WATER SYSTEM OUTSIDE THE CITY LIMITS -2 5. CONDITIONS AND REQUIREMENTS OF SEWERIWATER USER FOR THE HOOKUP OF THE SEWER/WATER LINE TO THE REAL PROPERTY: 5.1 The Sewer/Water user shall be responsible for all costs associated with the preparation of construction plans, acquisition of necessary easements, and all costs of construction. The hookup and assessment costs relative to the "Sewer/Water System" connection shall be the responsibility of the "Sewer/Water User". 5.2 The Sewer/Water user shall be responsible for the operation and maintenance of the temporary pressure sewer and off-peak station. 5.3 The Sewer/Water user shall be responsible to construction an 12 inch water main that will be located in E Amity Road to an through the Developers own property. 5.4 The Sewer/Water user will be responsible to connect to the future gravity sewer main that will be located in E Amity Road within six months of sewer service being available. The construction costs associated with the crossover to gravity sewer will be the sole responsibility of the Sewer/Water user. 5.5 The Sewer/Water user shall pay all Sewer/Water assessments prior to receiving City services. No additional Sewer/Water assessments will be required by the City when the Sewer/Water user converts from pressure sewer to gravity main. 5.6 The Sewer/Water user will be responsible to solely construct or participate in all costs associated with the construction of the future sewer main located in E Amity Road along the user's frontage. 5.7 The Sewer/Water user shall post a Surety in the amount of $ 24.470 to the City of Meridian for any necessary upgrades associated with the Napoli Subdivision off-peak lift station. This Surety can be used by the City of Meridian for construction costs associated with sewer services to The Sewer/Water user. Including but not limited to Sewer hunk main in Meridian and Victory Road. 6. ORDINANCE APPLICATION: The "Ordinance" and "Policy/Regulations" apply to the Sewer/Water service and connection and are herein incorporated as specific terms of this agreement and at such time or AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY UN TTS -3 times as the "Ordinance" and/or "Policy/Regulations" is/are amended or recodified, this agreement is automatically amended in accordance therewith. 7. ANNEXATION: At such time as the real property becomes legally eligible for annexation into the "City", the "Sewer/Water User" herein gives consent to such annexation, agrees to pay the annexation application fee, agrees to apply for annexation, and diligently pursue annexation into the City. This provision of this Agreement is a written request and application for such annexation in accordance with I.C. § 50-222 or any amendments or recodification of said statute. 8. HOOKUP AND SERVICE FEES: The charges for hookup, inspection, and service fees shall be in accordance with the provisions of the "Ordinance" and/or "Policy/Regulations" as are applicable for real properties outside of the city limits. 9. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Sewer/water User" cost, and submit proof of such recording to "Sewer/Water User". 10. DEFAULT: default. 11. Any failure to perform the terms and conditions of this agreement shall be a 11.1 This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Sewer/Water User", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. In addition, remedies available to the City include but are not limited to, termination of Sewer/Water service to all users located on the real property covered by this agreement. 11.2 In the event of a default, written Notice of Default shall be served and defaulting arty shall then have thirty (30) days after delivery of notice of default to correct the same before the non -defaulting party may seek any remedy provided for herein. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/ WATER SYSTEM OUTSIDE THE CITY LIMITS -4 11.3 In the event the performance of any covenant to be performed hereunder by either "Sewer/Water User" 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. 12. NOTICES: 12.1 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: PROPERTY OWNER: c/o Public Works Director Diamond View Assisted Living LLC City of Meridian 3570 E. Amity RD 660 E. Watertower, Suite #200 Meridian, ID 83642 Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 12.2 A party shall have the right to change their address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 13. 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. 14. TBIE IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -5 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 other party so failing to perform. 15. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereot 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 16. 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 there from and the invalidity thereof shall not affect any of the other provisions contained herein. 17. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Sewer/Water User" 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 "Sewer/Water Use" 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", a duly adopted resolution of "City". 18. TERMINATION: At such time as the "Real Property" is annexed into the City, this agreement shall terminate except for any default that exists at such time shall still be enforceable pursuant to the terms of this agreement. 19. EFFECTIVE DATE: This Agreement shall be effective at such time as both parties have executed this Agreement. AGREEMENT FOR HOOKUP TO THE QTY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - 6 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Property Owner y�IZA Name: DMM 08^ l tfN Iffs" T wick/ GL4�` CITY OF MERIDIAN By: ```,``►►►►►►n++rrr,,.���MAYOR TAMMY DE WEERD C re__ ""�K�7' 11 �,05. ATTEST: .�`���`Ci�� ��' = SEAL J CE O , CITY CIS' 21 APPROVED BY COUNCIL ON:4*W..:�:.-rt. STATE OF IDAHO, ) : ss. County of Ada) On this qday of Mavin the year 20A before me, the undersigned, a Notary Public, personally ap �i y known or identified to me to be the property owner, who executed the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -7 VA U r• e L: g G (SEAL) STATE OF IDAHO, ) County of Ada J J : ss. Nota# Public for dafio ' Residing at: My Commission Expires: �D On this A day of �_ , in the year 20 before m the undersigned, a Notary Public, personally ed an 1t.- HOLMAN., known or identified to me to be th lerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. 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) 1 `S.O T9- ;!I'•+� jNotary&&cPubli r I o �`,� Residing at: `t . � My Commission Expires. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIlVHTS ff;' Memo To: Jaycee Holman; Tara Green. From: Scott Steckline; Land Development Supervisor CC: Karie Glenn Date: 5128122009 Re: Proposed Agenda Item for June 2, 2009 City Council Meeting The Public Works Department respectfully requests the following item be placed on the June 2, 2009 City Council agenda, under Department Reports, for Council's consideration: AGREEMENT FOR DIAMONDVIEW ASSISSTED LIVING TO HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LEMM. Recommended Council Action: The Public Works Department recommends that City Council approves the purposed agreement with Diamond View Assisted Living. Thank you for your consideration. Please contact me if you have any questions. 0 Page 1 AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWERIWATER SYSTEM OUTSIDE THE CITY LIMITS: DIAMOND VIEW ASSISTED LIVING LLC 3570 E AMITY RD MERIDIAN, ID 83642 THIS AGREEMENT is made and entered into this day of , 20____, by and between CITY OF MERIDIAN, a Municipal corporation of the State of Idaho, hereinafter referred to as "CITY", and bta-mv,, Vtt,,,Vl 45rs r oi► L,t.0 . , as hereinafter defined and hereinafter referred to as "SEWER/WATER USER". 1. RECITALS: 1.1 WHEREAS, "Sewer/Water User" is the sole owner, in law and/or in equity of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", 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, Idaho Code §50-323, provides and empowers cities to establish, create, develop, maintain and operate Sewer/Water systems; and 1.3 WHEREAS, "City" operates and maintains and develops as Sewer/Water system; and 1.4 WHEREAS, the "City" has enacted an ordinance governing its Sewer/Water system codified in Meridian City Code § 9-4-26 and 9-1-16; and 1.5 WHEREAS, the "Sewer/Water User" is the owner of "Real Property" hereinafter described which is presently located outside of the city limits of the "City"; and 1.6 WHEREAS, the "Sewer/Water User" is desirous of obtaining connection to the Sewer/Water to serve the "Real Property" and the "City" is willing to provide that connection to the Sewer/Water service to the "Sewer/Water User" subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of the "City's" willingness to enter into this agreement that the "City's" "Ordinance" and "Policy/Regulations" which govern its Sewer/Water system be included as terms and conditions of this agreement and that the "Sewer/Water User" provide perpetual consent to annexation of the "Real AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -1 Property" in to the "City". 2. 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: 2.1 "City": means and refers to the City of Meridian, County of Ada, State of Idaho. 2.2 "Sewer/Water User": means and shall refer to and/or the person who is the owner of the real property. 2.3 "Real Property": means and shall refer to certain parcel(s) of real property located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length together with improvements thereon. 2.4 "Ordinance": means and shall refer to the City's ordinances that appertain to the regulation and control and use of its Sewer/Water system presently at Meridian City Code § 9-4-26 and 9-1-16, and this definition specifically includes any prospective amendments and/or recodifications to said ordinance or any parts thereof, and shall also refer to any other ordinance of the City of Meridian governing the "Sewer/Water System". 2.5 "Policy/Regulations": means and shall refer to any City Council enacted policy and/or regulation of its Sewer/Water system. 2.6 "Sewer/Water System": means and shall refer to the City's Sewer/Water system. NOW THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 3. INCORPORATION OF RECITALS: That the above recitals are contractual and. binding and are incorporated herein as if set forth in full. 4. PROVISION OF SEWER/WATER HOOKUP SERVICE: The "City" agrees to authorize a connection to the "Sewer/Water System" to service the "Real Property" subject to the terms and conditions of this Agreement. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/ WATER SYSTEM OUTSIDE THE CITY LIMITS -2 5. CONDITIONS AND REQUIREMENTS OF SEWER/WATER USER FOR THE HOOKUP OF THE SEWER/WATER LINE TO THE REAL PROPERTY: 5.1 The Sewer/Water user shall be responsible for all costs associated with the preparation of construction plans, acquisition of necessary easements, and all costs of construction. The hookup and assessment costs relative to the "Sewer/Water System" connection shall be the responsibility of the "Sewer/Water User". 5.2 The Sewer/Water user shall be responsible for the operation and maintenance of the temporary pressure sewer and off-peak station. 5.3 The Sewer/Water user shall be responsible to construction an 12 inch water main that will be located in E Amity Road to an through the Developers own property. 5.4 The Sewer/Water user will be responsible to connect to the future gravity sewer main that will be located in E Amity Road within six months of sewer service being available. The construction costs associated with the crossover to gravity sewer will be the sole responsibility of the Sewer/Water user. 5.5 The Sewer/Water user shall pay all Sewer/Water assessments prior to receiving City services. No additional Sewer/Water assessments will be required by the City when the Sewer/Water user converts from pressure sewer to gravity main. 5.6 The Sewer/Water user will be responsible to solely construct or participate in all costs associated with the construction of the future sewer main located in E Amity Road along the user's frontage. 5.7 The Sewer/Water user shall post a Surety in the amount of $ 24,470 to the City of Meridian for any necessary upgrades associated with the Napoli Subdivision off-peak lift station. This Surety can be used by the City of Meridian for construction costs associated with sewer services to The Sewer/Water user. Including but not limited to Sewer trunk main in Meridian and Victory Road. 6. ORDINANCE APPLICATION: The "Ordinance" and "Policy/Regulations" apply to the Sewer/Water service and connection and are herein incorporated as specific terms of this agreement and at such time or AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/ WATER SYSTEM OUTSIDE THE CITY LIMITS -3 rimes as the "Ordinance" and/or "Policy/Regulations" is/are amended or recodified, this agreement is automatically amended in accordance therewith. 7. ANNEXATION: At such time as the real property becomes legally eligible for annexation into the "City", the "Sewer/Water User" herein gives consent to such annexation, agrees to pay the annexation application fee, agrees to apply for annexation, and diligently pursue annexation into the City. This provision of this Agreement is a written request and application for such annexation in accordance with I.C. § 50-222 or any amendments or recodification of said statute. 8. HOOKUP AND SERVICE FEES: The charges for hookup, inspection, and service fees shall be in accordance with the provisions of the "Ordinance" and/or "Policy/Regulations" as are applicable for real properties outside of the city limits. 9. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Sewer/Water User" cost, and submit proof of such recording to "Sewer/Water User". 10. DEFAULT: Any failure to perform the terms and conditions of this agreement shall be a default. 11. REMEDIES: 11.1 This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Sewer/Water User", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. In addition, remedies available to the City include but are not limited to, termination of Sewer/Water service to all users located on the real property covered by this agreement. 11.2 In the event of a default, written Notice of Default shall be served and defaulting -party shall then have thirty (30) days after delivery of notice of default to correct the same before the non -defaulting party may seek any remedy provided for herein. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/ WATER SYSTEM OUTSIDE THE CITY LIMITS -4 11.3 In the event the performance of any covenant to be performed hereunder by either "Sewer/Water User" 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. 12. NOTICES: 12.1 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: PROPERTY OWNER: c/o Public Works Director Diamond View Assisted Living LLC City of Meridian 3570 E. Amity RD 660 E. Watertower, Suite #200 Meridian, ID 83642 Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 12.2 A party shall have the right to change their address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 13. 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. 14. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/ WATER SYSTEM OUTSIDE THE CITY LIMITS -5 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 other party so failing to perform. 15. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the property, each subsequent owner and each 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. 16. 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 there from and the invalidity thereof shall not affect any of the other provisions contained herein. 17. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Sewer/Water User" 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 "Sewer/Water User" 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", a duly adopted resolution of "City". 18. TERMINATION: At such time as the "Real Property" is annexed into the City, this agreement shall terminate except for any default that exists at such time shall still be enforceable pursuant to the terms of this agreement. 19. EFFECTIVE DATE: This Agreement shall be effective at such time as both parties have executed this Agreement. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -6 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Property Owner Name: b (a,wt oi- r tow CITY OF MERIDIAN `%O%jj64!!!!d!/�Jjd!`d MAYOR TAMMY DE WEERD ATTEST: L J CE O , CITY CI3R APPROVED BY COUNCIL ON: ®orf►t;, ..'` STATE OF IDAHO, ) . ss. County of Ada) By: On this qday of , in the year 20�, before me, the undersigned, a Notary Public, personally ap ed known or identified to me to be the property owner, who executed the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -7 (SEAL) STATE OF IDAHO, ) . ss. County of Ada 0 Notary Public ?o dal o ' Residing at: My Commission Expires: On this day of t _ , in the year 20 before m the undersigned, a Notary Public, personally appea ed E �' HOLMAN., known or identified to me to be the r Jerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/ WATER SYSTEM OUTSIDE THE CITY LIMITS -8 Aft To: Jaycee Holman; Tara Green. From: Scott Steckline; Land Development Supervisor CC: Karie Glenn Date: 5/28/2009 Re: Proposed Agenda Item for June 2, 2009 City Council Meeting The Public Works Department respectfully requests the following item be placed on the June 2, 2009 City Council agenda, under Department Reports, for Council's consideration: AGREEMENT FOR DIAMONDVIEW ASSISSTED LIVING TO HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS. Recommended Council Action: The Public Works Department recommends that City Council approves the purposed agreement with Diamond View Assisted Living. Thank you for your consideration. Please contact me if you have any questions. 0 Page 1 Memo To: Jaycee Holman; Tara Green. From: Scott Steckline; Land Development Supervisor CC: Karie Glenn Date: 5/28/2009 Re: Proposed Agenda Item for June 2, 2009 City Council Meeting The Public Works Department respectfully requests the following item be placed on the June 2, 2009 City Council agenda, under Department Reports, for Council's consideration: AGREEMENT FOR DIAMONDVIEW ASSISSTED LIVING TO HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS. Recommended Council Action: The Public Works Department recommends that City Council approves the purposed agreement with Diamond View Assisted Living. Thank you for your consideration. Please contact me if you have any questions. 0 Page 1 AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS: DIAMOND VIEW ASSISTED LIVING LLC 3570 E AMITY RD MERIDIAN, ID 83642 THIS AGREEMENT is made and entered into this day of , 20 , by and between CITY OF MERIDIAN, a Municipal corpor 'on of the State of Idaho, hereinafter referred to as "CITY", and blammd Vfv"j 5is Ayrit-,, a --e— as hereinafter defined and hereinafter referred to as "SEWER/WATER USER". 1. RECITALS: 1.1 WHEREAS, "Sewer/Water User" is the sole owner, in law and/or in equity of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", 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, Idaho Code §50-323, provides and empowers cities to establish, create, develop, maintain and operate Sewer/Water systems; and 1.3 WHEREAS, "City" operates and maintains and develops as Sewer/Water system; and 1.4 WHEREAS, the "City" has enacted an ordinance governing its Sewer/Water system codified in Meridian City Code § 9-4-26 and 9-1-16; and 1.5 WHEREAS, the "Sewer/Water User" is the owner of "Real Property" hereinafter described which is presently located outside of the city limits of the "City"; and 1.6 WHEREAS, the "Sewer/Water User" is desirous of obtaining connection to the Sewer/Water to serve the "Real Property" and the "City" is willing to provide that connection to the Sewer/Water service to the "Sewer/Water User" subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of the "City's" willingness to enter into this agreement that the "City's" "Ordinance" and "Policy/Regulations" which govern its Sewer/Water system be included as terms and conditions of this agreement and that the "Sewer/Water User" provide perpetual consent to annexation of the "Real AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - 2 Property" in to the "City". 2. 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: 2.1 "City": means and refers to the City of Meridian, County of Ada, State of Idaho. 2.2 "Sewer/Water User": means and shall refer to and/or the person who is the owner of the real property. 2.3 "Real Property": means and shall refer to certain parcel(s) of real property located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length together with improvements thereon. 2.4 "Ordinance": means and shall refer to the City's ordinances that appertain to the regulation and control and use of its Sewer/Water system presently at Meridian City Code § 9-4-26 and 9-1-16, and this definition specifically includes any prospective amendments and/or recodifications to said ordinance or any parts thereof, and shall also refer to any other ordinance of the City of Meridian governing the "Sewer/Water System". 2.5 "Policy/Regulations": means and shall refer to any City Council enacted policy and/or regulation of its Sewer/Water system. 2.6 "Sewer/Water System": means and shall refer to the City's Sewer/Water system. NOW THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 3. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 4. PROVISION OF SEWER/WATER HOOKUP SERVICE: The "City" agrees to authorize a connection to the "Sewer/Water System" to service the "Real Property" subject to the terms and conditions of this Agreement. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -2 5. CONDITIONS AND REQUIREMENTS OF SEWER/WATER USER FOR THE HOOKUP OF THE SEWER/WATER LINE TO THE REAL PROPERTY: 5.1 The Sewer/Water user shall be responsible for all costs associated with the preparation of construction plans, acquisition of necessary easements, and all costs of construction. The hookup and assessment costs relative to the "Sewer/Water System' connection shall be the responsibility of the "Sewer/Water User". 5.2 The Sewer/Water user shall be responsible for the operation and maintenance of the temporary pressure sewer and off-peak station. 5.3 The Sewer/Water user shall be responsible to construction an 12 inch water main that will be located in E Amity Road to an through the Developers own property. 5.4 The Sewer/Water user will be responsible to connect to the future gravity sewer main that will be located in E Amity Road within six months of sewer service being available. The construction costs associated with the crossover to gravity sewer will be the sole responsibility of the Sewer/Water user. 5.5 The Sewer/Water user shall pay all Sewer/Water assessments prior to receiving City services. No additional Sewer/Water assessments will be required by the City when the Sewer/Water user converts from pressure sewer to gravity main. 5.6 The Sewer/Water user will be responsible to solely construct or participate in all costs associated with the construction of the future sewer main located in E Amity Road along the user's frontage. 5.7 The Sewer/Water user shall post a Surety in the amount of $ 24,470 _ to the City of Meridian for any necessary upgrades associated with the Napoli Subdivision off-peak lift station. This Surety can be used by the City of Meridian for construction costs associated with sewer services to The Sewer/Water user. Including but not limited to Sewer trunk main in Meridian and Victory Road. 6. ORDINANCE APPLICATION: The "Ordinance" and "Policy/Regulations" apply to the Sewer/Water service and connection and are herein incorporated as specific terms of this agreement and at such time or AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -3 times as the "Ordinance" and/or "Policy/Regulations" is/are amended or recodified, this agreement is automatically amended in accordance therewith. 7. ANNEXATION: At such time as the real property becomes legally eligible for annexation into the "City", the "Sewer/Water User" herein gives consent to such annexation, agrees to pay the annexation application fee, agrees to apply for annexation, and diligently pursue annexation into the City. This provision of this Agreement is a written request and application for such annexation in accordance with I.C. § 50-222 or any amendments or recodification of said statute. 8. HOOKUP AND SERVICE FEES: The charges for hookup, inspection, and service fees shall be in accordance with the provisions of the "Ordinance" and/or "Policy/Regulations" as are applicable for real properties outside of the city limits. 9. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Sewer/Water User" cost, and submit proof of such recording to "Sewer/Water User". 10. DEFAULT: default. Any failure to perform the terms and conditions of this agreement shall be a 11. REMEDIES: 11.1 This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Sewer/Water User", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. In addition, remedies available to the City include but are not limited to, termination of Sewer/Water service to all users located on the real property covered by this agreement. 11.2 In the event of a default, written Notice of Default shall be served and defaulting -party shall then have thirty (30) days after delivery of notice of default to correct the same before the non -defaulting party may seek any remedy provided for herein. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/ WATER SYSTEM OUTSIDE THE CITY LIMITS -4 11.3 In the event the performance of any covenant to be performed hereunder by either "Sewer/Water User" 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. 12. NOTICES: 12.1 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: PROPERTY OWNER: c/o Public Works Director Diamond View Assisted Living LLC City of Meridian 3570 E. Amity RD 660 E. Watertower, Suite #200 Meridian, ID 83642 Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 12.2 A party shall have the right to change their address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 13. 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. 14. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -5 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 other parry so failing to perform. 15. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the property, each subsequent owner and each 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. 16. 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 there from and the invalidity thereof shall not affect any of the other provisions contained herein. 17. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Sewer/Water User" 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 "SewerJWater User" 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", a duly adopted resolution of "City". 18. TERMINATION: At such time as the "Real Property" is annexed into the City, this agreement shall terminate except for any default that exists at such time shall still be enforceable pursuant to the terms of this agreement. 19. EFFECTIVE DATE: This Agreement shall be effective at such time as both parties have executed this Agreement. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/NATER SYSTEM OUTSIDE THE CITY LIMITS -6 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. ATTEST: JAYCEE HOLMAN, CITY CLERK APPROVED BY COUNCIL ON: STATE OF IDAHO, ) . ss. County of Ada) Property Owner Name:ta,M' 01- t w SS'i * vx fI L' . CITY OF MERIDIAN MAYOR TAMMY DE WEERD Lin On this 4�7day of in the year 20j M-1 before me, the undersigned, a Notary Public, personally ap ed 'Mgknown or identified to me to be the property owner, who executed the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/ WATER SYSTEM OUTSIDE THE CITY LIMITS -7 ;�u4kJa— t (SEAL) Na Publico daho Residing at: My Commission Expires: 11-2,1-007 STATE OF IDAHO, ) . ss. County of Ada On this day of , in the year 20—__, before me, the undersigned, a Notary Public, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument ar the persons that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -8 May 29, 2009 MERIDIAN CITY COUNCIL MEETING June 2, 2009 Department Reports APPLICANT Parks Department ITEM NO. 6-C-1 REQUEST Property Description for Western Ada Recreation Pool Site in Storey Park 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 P� � OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. May 29, 2009 MERIDIAN CITY COUNCIL MEETING June 2, 2009 Department Reports APPLICANT City Clerk's Office ITEM NO. 6-D-1 REQUEST Appeal of Temporary Use Permit requirement for Renaissance Day by Jack! Bricicls 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. 06/01/2009 17:05 2089225797 KUNAFAXSERVICE PAGE 02 1770 W. Oakley Wy. Kum,Idaho 83634 June 1, 2009 MOrldia A City Mayor and City Council 33 E Br adway Meridin i, Idaho 83642 Dear Mi yor and Council Members, ' My name is Jaeki Briggs_ I am the main, coordintor for Ye Olde R.eiga asuce Faire being held in Mari 's settler's Park on Saturday, June a from 14 am -8 pm. I received the Tempotary Use Permit appro with sevensl co"tions attached. I would like to request an appeal of the decision Lt. Jon Overton, with Me ridian City Police Dent, gave us conoeming the following wording: "NO outside vendors will be allowed to sell any weapons such as Steams (pw) or edged weapons Qeouives) at this event in the city park." AAw spOddng with Lt Overton about this restriction, be woested, that I could appeal to concerW you g'this matter. I would We to $ppad on behalf of the R maissanee Faire and on bebalf of Bob's Cutlery Of Meddian, Idaho, who planned to be a sword vendor at out faire, as well as donate iteims to our "ora silent fbr Summer of Hope Orphan Ouch & AdoMon Advocacy mon. We, as the Renaissance Faire board, decided to faonow other faire gwdeiiaes fin around the state and Heti n in setting our Policies. We also decided to be a bit more restrictive and would not allow the sale kni Of Shorter blades, or other such weapons ,to be allowed. Only swords and other long weapons will be silo to be sold. All sales would be restricted to ages 18 & older. As well as providing attacb:ments for each word, so that rdl weapons sold would be peace tied. (This means that a string or other device would are at th tied around the weapon m prevent it being taken out of the sheath or canrygig device, while they farm. The peace tied policy is strictly MUced at all Repaissance Furnas && we are ;familiar with.) 0 poiloy was discussed with Bob's Cutlery, and they agreed to abide by these guidelines, even though this re is no city ordinance, state law, or other res Wctious concerning the sales of swords, knives, etc. at el Cut oR rulers like it in Idaho. Bob's Cutlery is a won estabhishW businmss and has peracipawd at numerous &hs, Pun �' celebraii ns, MOO at Ego Idaho and other events around the Bobs area. Cutl will of Previous eve7uts, r as well as photos of their would �' Provide r a list that 'der � you amendin a restrictions striations allow them to be a rendes ��;N, We �� no �er sword vendors 1 out even Ofulft to out event. With this berg a Renaissance Faire, we fuel this vendor is a crucial vendor to . We have many per£onoam who will be doing demos of sword fights, in as well ap specially restricted arms, displays. Many of our perfo=eM as well as interested citizens were 1OOk 9 £onward to there being g vendor there at our my eat so they would thts opportunity. Briggs 8 oar 573 2320 I �000 e fldav 0f 1 C ee City Clerk City 06/01/2009 17:05 2089225797 Date Fax Nxembot of Not" KUNAFAXSERVICE PAGE 01 This fax is from r. pp * phone comber ilm2 Page 1 of 2 Jaycee Holman From: John Overton - Police Sent: Wednesday, May 20, 2009 10:50 AM To: Nancy Radford; Emily Kane; Joe Silva; Kenny Bowers; Bob Stowe; Colin Moss; Kristy Vigil; Brent Bjornson Cc: Jaycee Holman; Robert Simison; Tammy de Weerd; Steve Siddoway; Bruce Freckleton; Bob Stowe Subject: RE: TUP-09-025 Ye Olde Renaissance Faire 2009 - June 6th, 2009 at Settlers Park Police will approve this TUP with the following conditions: �7 The archery portion will be removed from the application and will not take place in the park. (Colin Moss and Lt. Bob Stowe have already discussed this portion) No outside vendors will be allowed to sell any weapons such as firearms (guns) or edged weapons (knives) at this event in the city park. Lt. John A. Overton Community,Sen*es oft*ion Meridian Police Department 1401 E Watertower St. Meridian, ID 83642 1-208-846-7300 jovertongmeridiancity org www.meridiancily.org From: Nancy Radford Sent: Wednesday, May 20, 2009 9:41 AM To: Emily Kane; Joe Silva; Kenny Bowers; John Overton - Police; Bob Stowe; Colin Moss; Kristy Vigil; Brent Bjornson Cc: Jaycee Holman; Robert Simison; Tammy de Weerd; Steve Siddoway; Bruce Freckleton Subject: TUP-09-025 Ye Olde Renaissance Faire 2009 - June 6th, 2009 at Settlers Park Good Morning All, Here is the Temporary Use Permit Application for a Special Event "Ye Olde Renaissance Faire 2009" Hosted by, Sacred Portion/Summer of Hope. Event date is June 6th, 2009. The only thing pending is the Certificate of Insurance, which requires Parks and MPD to review the archery range before the applicant submits the appropriate insurance coverage. Most of you know the procedure; but just as a refresher, each department reviews the application and signs off on the "Internal Only" Application Standards sheet and then returns that sheet to me, typically by a deadline date. For this application, I am not assigning a deadline due to its unique nature. If you need assistance, please let me know. Thank you, 6/2/2009 Bob's Cutlery -Meridian, Idaho List of annually attended events. Western Idaho Fairgrounds -Spectra -September through April Largest Garage Sale in Idaho- May Idaho City -June and September Fruitland -Idaho Military Motor Pool -June Maple Grove Grange Hall -March, April, September Star Flea Market- Weekly Kuna Days -August Greenleaf Home Show -April Flea Markets in Filer, Twin Falls, & Rupert. RECEIv17PD JUN 0 2 2009 CITY OFCfif. isw CITY CLERKS OFFICE We are invited regularly to Attend Antique & Collectables Show in Ketchum, Idaho The only issue with knives is 50% are required to be collectable Sumner, Oregon Swap meets May, July, & September. We were asked to attend this Renaissance Faire. We never sell to minors (even though there is no law) Our policy is 18 years to purchase We never allow the product to be handled unless assisted by me. We are citizens of Meridian in good standing. May 29, 2009 RZ 09-001 MERIDIAN CITY COUNCIL MEETING June 2, 2009 APPLICANT City of Meridian Planning Department ITEM NO. 8 REQUEST Public Hearing -- Request for a Rezone of 7.65 acres consisting of 25 single-family residential lots & 2 common lots from L -O to R-8 zones for Dove Meadows -- various properties in Dove Meadows Subdivision 1 & 2 zoned L -O 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: See attached P&Z Item Packet / Minutes See attached Recommendations MERIDIAN POST OFFICE: OTHER: See attached Affidavit of Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. May 29, 2009 ZOA 09-001 MERIDIAN CITY COUNCIL MEETING June 2, 2009 APPLICANT City of Meridian Planning Department ITEM NO. 9 REQUEST Public Hearing -- Request for Zoning Ordinance / Unified Development Code (UDC) Text Amendment to modify & clean up specific sections of UDC for Outdoor Storage & Parking UDC Text Amendment AGENCY COMMENTS CITY CLERK: See attached P&Z Item Packet / Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Recommendations CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. May 29, 2009 MERIDIAN CITY COUNCIL MEETING June 2, 2009 APPLICANT ITEM NO. 10 REQUEST Public Hearing — 2008 CDBG Action Plan Amendment AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. U.S. Department of Housing and Urban Development OMB Approval No. 2506-01 STAFF REPORT Hearing Date: June 2, 2009 TO: Mayor and City Council C�WIEPIDIAMf- FROM: Matt Ellsworth, Associate City Planner 1 (208) 884-5533 SUBJECT: 2008 Community Development Block Grant Action Plan Amendment, Public Comment Period 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST As part of the American Recovery and Reinvestment Act of 2009, CDBG entitlement communities will receive additional funding for the 2008 Program Year. The City of Meridian is eligible for $64,584.00. Preliminary guidance from HUD indicates that entitlement communities will be required to submit substantial amendments to their 08' Action Plans for approval by HUD in order to receive the funds. This amendment sets the groundwork in anticipation of final guidance from HUD about how to secure the additional 08' Program Year funding. 2. SUMMARY RECOMMENDATION Staff recommends closing the extended public hearing comment period that began on April 21, 2009, the specific project for which was changed on May 19, 2009. 3. SUMMARY OF SUBSTANTIAL AMENDMENT A. Staff proposes amending the 2008 Action Plan to add a project with two parts: 1. Prepare an income survey for residential service area around 8a' Street Park. The survey is necessary to confirm that the Park is eligible for expenditure of CDBG funds on a Low - Moderate Income — Area basis. 2. Devote the remainder of funding to construction of a new pathway over the Five Mile Creek and through 8t' Street Park to connect to 8h Street and Chateau Avenue. A copy of the full report can be found online at http://www.meridiancity.orlannina zoning/community development/index.asp . 4. PROCESS FACTS A. Published original public notice April 6, 2009 in the Valley Times and April 8, 2009 in the Idaho Statesman. B. Published revised public notice May 25, 2009 in the Valley Times. 5. EDITS A. Project Map and Design Plans B. Revised Notice C. Table of New Project (Exp. 8/31/2008 U.S. Department of Housing and Urban Development EDIT A — Project Map and Design Plans • Clty of Meridian - Wh Strodt Park Pesten Pathway a pox Culvert SOC&M 9, Tawnehtp 3 North Range 9 Mise V I C F M I T Y M A P V T.S. OMB Approval No. 2506-01 (Exp. 8/3V2008 A�l AOA COUNTY INOOR OF *MEETS ] LE Han ] dOR0119tGfm11 +D1L9 ] 011 WITNWY t+{pt AAbT 44MU CROS& 0 %W oe.o+ c o$i affi°�aca�e T 0111111110LJ� J.W a Q+�6� Rpm WMRA171F_iHQCE PREY 6W1pW} A.' M Y +A pp r .4T,p a't r mm o•s ]` eu •rm +usT ueumee ��0t�z wa Ass u.� ao sn�q+i ebayR Pwk Padrsftl® Pa0way End Boal CuWwt Shaft 2 of d 0J, U.S. Department of Housing and Urban Development OMB Approval No. 2506-01 (Exp. 8/31/2008 3 1'Ym tEAtll w ri �J YRLYD _ UMDI �IIo am6 b � �b •si.xi Sf_J J' .y w e� \\s� iu ii rtsa ;,,� wars tars _eJSOW ak�a��e a\: Q PARK �d GENERAL . I. aSZs Yo oae� NOTES 3 1'Ym tEAtll 1Oi�IJf �. YRLYD _ UMDI �IIo am6 b � �b •si.xi ;,,� wars tars _eJSOW ak�a��e PARK �d GENERAL aSZs Yo oae� NOTES wn. Ymn+nauwi 4wq �r�-®-y'P 'wr�o�'um�" . f�fCl WltfPtlM16 Pei Jfr OW YP Itt[W Mr," , atvp a ,W f ItL6 i1�IP qCY wWaO j i FP 4` PR W.W. f Y9R OYM6 f1A.IQ �� � } a R# .� H!'III OB�O .T..P flAMat d� � eWA�eYpquip 1 MAMY ' YYaFa� � P� h m� Ys � I Rwri 01i� oris ROK GI1.YEtlT [ROSY-�CIIa �CCllal MA r.mr � CI{y as 8ft" Pik Padi dAte Pathway m9 am Q&wt Shod 4 of 4 3 U.S. Department of Housing OMB Approval No. 2506-01 and Urban Development (Exp. 8/31/2008 EXHIBIT B — Revised Notice NOTICE OF REVISION TO PROPOSED PY08 CDBG ACTION PLAN AMENDMENT AND EXTENDED PUBLIC COMMENT PERIOD In anticipation of additional funding for Community Development Block Grant (CDBG) Program Year 2008 (PY08) that the City may receive pursuant to the American Recovery and Reinvestment Act of 2009 (Recovery Act), the City proposed an additional project to its funding allocation priorities for PY08. The proposed project was to install playground equipment and other amenities in Centennial Park, located at 237 E. Idaho, Meridian. The Department of Housing and Urban Development (HUD) recently released guidelines on use of Recovery Act CDBG funds. Upon review of the HUD guidelines, the City has determined that the initially proposed project fails to meet the intent of the Recovery Act. For this reason, the City has proposed in its PY08 Action Plan Amendment a different project in which to invest its Recovery Act CDBG funds. As updated, the proposed project will construct a 10 -foot, multi -use pathway across Five Mile Creek and through 8th Street Park, located at 2235 N.W. 8th Street, Meridian. The public comment period for the PY08 amendment has been extended, through 5:00 p.m. on June 2, 2009. During this period, all comments should be addressed to Associate City Planner Matt Ellsworth, who may be contacted by mail: City of Meridian, Planning Department, 33 E. Broadway, Meridian, ID 83642; by phone: (208) 884-5533 (Dial 711 for TTY); by fax: (208) 888- 6854; or by e-mail: mellsworth@meridiancity.org. Additional information about the revised amendment is also available at the Meridian Public Library (1326 W. Cherry Lane), the Meridian Senior Center (133 W. Broadway Avenue), and in the City Clerk's Office of Meridian City Hall (33 E. Broadway Avenue). City Council will consider public comments at its regular City Council Meeting at 7:00 p.m. on June 2, 2009, at Meridian City Hall, 33 E. Broadway Avenue, Meridian, Idaho. E DATE CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET June 2, 2009 PROJECT NUMBER PROJECT NAME ITEM # 10 2008 CDBG Action Plan Amendment PLEASE PRINT NAME 2009 CITY CLERICS OFFICE FOR I AGAINST INEUTRAL May 29, 2009 MERIDIAN CITY COUNCIL MEETING June 2, 2009 APPLICANT ITEM NO. REQUEST Resolution — 2008 CDBG Action Plan Amendment AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: v \, CITY WATER DEPT: CITY SEWER DEPT: C� 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. CITY OF MERIDIAN RESOLUTION NO. Del #6 d BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION APPROVING A SUBSTANTIAL AMENDMENT TO THE CITY'S 2008 CDBG ACTION PLAN REGARDING THE EXPENDITURE OF AMERICAN RECOVERY AND REINVESTMENT ACT 2009 ECONOMIC STIMULUS FUNDS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SUCH PLAN AMENDMENT AND CERTIFYING DOCUMENTS ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on Feburary 13, 2009, the United States House of Representatives and United States Senate passed the American Recovery and Reinvestment Act of 2009 ("ARRA"), under which Congress made supplemental appropriations for job preservation and creation, infrastructure investment, energy efficiency and science, assistance to the unemployed, and State and local fiscal stabilization — which appropriations specifically include stimulus funds for those communities designated as Entitlement Communities under the Department of Housing and Urban Development ("HUD")'s Community Development Block Grant ("CDBG") program; WHEREAS, under ARRA, the City of Meridian, as an Entitlement Community, has been awarded $64,584, which funds are to be invested for the ARRA-enumerated purposes; WHEREAS, HUD, in a technical guidance document issued May 5, 2009, established guidelines for the administration of these funds, under which regulations each Entitlement Community is to submit to HUD by June 5, 2009 an amendment to its Program Year 2008 Action Plan describing the expenditure of such stimulus package funds, which amendment may be adopted pursuant to an abbreviated seven-day public comment period in lieu of the typical thirty -day public comment period for such amendment as provided by the City of Meridian's Citizen Participation Plan; WHEREAS, the City adopted, and HUD subsequently approved, the City of Meridian's Program Year 2008 CDBG Action Plan; WHEREAS, the City, prior to the issuance of HUD's guidelines, did comply with its Citizen Participation Plan by holding a public hearing on the proposed amendment to the PY08 Action Plan on April 21, 2009, holding a public comment period from April 21, 2009 to May 26, 2009, and an additional public comment period from May 26, 2009 to June 2, 2009 regarding a modified version of the proposed amendment, which procedure complied with by the City's Citizen Participation Plan and with HUD's guidelines; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Program Year 2008 Community Development Block Grant Action Plan, as amended, a copy of which is attached hereto as EXHIBIT A and incorporated herein by reference, be, and the same hereby is, approved as to both form and content. Section 2. That the Mayor and the City Clerk be, and hereby are, authorized to respectively execute and attest said materials constituting the Program Year 2008 Action Plan, as amended, for and on behalf of the City of Meridian. RESOLUTION APPROVING SUBSTANTIALLY AMENDED PY08 ACTION PLAN Pagel of 2 Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. d YO ADOPTED by the City Council of the City of Meridian, Idaho, this day of u� ' 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this day of J, ; 2009. APPROVED: ;a.GGL n . (L� Tammy de Weerd, Mayor ATTEST: 'E�R4 TSO By: _JaAA, A -A, Jayceeflohn6C, City Clerk _ B�'aAL ►►//l1111111111 RESOLUTION APPROVING SUBSTANTIALLY AMENDED PY08 ACTION PLAN Page 2 of 2 May 29, 2009 MERIDIAN CITY COUNCIL MEETING June 2, 2009 APPLICANT Primeland Development Company, LLP ITEM NO. 12 REQUEST Amendment to Ordinance 09-1400 A — Request for Rezone of 93.64 acres from L -O & R-4 to C -G, L -O, C -C and R-15 zones for Volterra Mixed Use -- west of North Ten Mile Road and north of West McMillan Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented of public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 11 BOISE IDAHO 06/05/09 03:13 PM DEPUTY Randy Jennings III I'IIII'lll'IIIII'll'I�IIII'� I II'll RECORDED -REQUEST OF Meridian City 1090 x,123 CITY OF MERIDIAN ORDINANCE NO. 09-1400 A BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (RZ 08-004 VOLTERRA MIXED USE) FOR REZONE OF A TRACT OF LAND AS DESCRIBED IN SPECIAL WARRANTY INSTRUMENT NO. 106099040, RECORDS OF ADA CUNY, IDAHO, TOGETHER WITH A PORTION OF A TRACT OF LAND AS DESCRIBED 1 SPECIAL WARRANTY DEED, INSTRUMENT NO. 106099041, RECORDS OF ADA COUNTY, IDAHO, TOGETHER WITH A PROTION OF A TRACT OF LAND AS DESCRIBED IN SPECIAL WARRANTY DEED, INSTRUMENT NO. 1060412499 RECORDS OF ADA COUNTY, IDAHO TOGETHER WITH A PORTION OF THE RIGHT-OF-WAY OF WEST MCMILLAN ROAD AND NORTH TEN MILE ROAD, SITUATED IN THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM L -O (LIMITED OFFICE DISTRICT) AND R-4 (MEDIUM -LOW DENSITY RESIDENTIAL DISTRICT) TO C -G (GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT), L -O (LIMITED OFFICE DISTRICT), C -C (COMMUNITY BUSINESS DISTRICT) AND R-15 (MEDIUM-HIGH RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re -zoning by the owner of said property, to -wit: Primeland Development Company, LLP. AMENDED ORDINANCE FOR REZONE - VOLTERRA MIXED USE Page 1 of 3 SECTION 2. That the above-described real property is hereby annexed and re -zoned from L -O (Limited Office District) and R-4 (Medium -Low Density Residential District) to C -G (General Retail and Service Commercial), L -O (Limited Office District), C -C (Community Business District), and R-15 (Medium -High Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2009. AMENDED ORDINANCE FOR REZONE - VOLTERRA MIXED USE Page 2 of 3 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2 day of 2009. ATTEST: JAYCEE' -'L. HOLMAN, STATE OF IDAHO, ss: County of Ada F� MAYOR TAMMY de WEERD On this Z-Cl(day of T Rte. , 2009, before me, the undersigned, a Notary Public in C:r ` r h and for sa' a �drffn „ly appeared and JAYCEE L. HOLMAN, knownto PzUh+V me to be a �ity 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) •• +� !•• ! s hic a. •♦®®� IDA1'lo �•• JnLN, an-k�A- NOTARY PUBLIC FOR IDAHO RESIDING AT: CL �� :j ly) MY COMMISSION EXPIRES: jt�t l-1 1 AMENDED ORDINANCE FOR REZONE - VOLTERRA MIXED USE Page 3 of 3 Legal Descriptions LEGAL DESCRIPTION OF: Overall Rezone Boundary ■■ ■■ Quadrant Consulting, Inc. A parcel of land being a portion of a tract of land as described in Special Warranty Deed, Instrument No. 106099040. records of Ada County, Idaho, together with a portion of a tract of land as described in Special Warranty Deed, Instrument No. 106099041, records of Ada County, Idaho, together with a portion of a tract of land as described in Special Warranty Deed, Instrument No. 106041249, records of Ada County, Idaho, together with a portion of the Right - Of -Way of West McMillan Road and North Ten Mile Road, situated in the Southeast quarter of Section. 27, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as Mows: Commencing at the Section corner common to Section 27, 26,34 and 35 of said Township and Range, thence along the Slouth lime of said Section North 88956'29" West, 891.33 feet to the POINT OF BEG124NING; thence continuing North 88'5629" West, 969.93 feet; thence leaving said South line North 01'53'56" East, 1299.71 feet; thence North 06'37'30" West, 612.06 feet; thence North 22°14'26" Fast, 338.89 feet; thence North 00°59'37" East, 409.34 feet to a point on North line of said Southeast quarter, thence along said north line South 89'21'12" East, 1769.59 feet to the East quarter corner of said Section 27; thence South 0'21' 16" West, 1738.65 fat along the East line of said Section 27; thence leaving said East line North 89'38'46" West, 455.15 feet; thence 623.40 feet along a curveto the lett, said curve having a radius of 400.00 feet, a delta angle of 89'17'46" and a long choisd bearing South 45`42'22" West, for a distance of 562.20 feet; thence South 01.03'30" West, 499.73 feet to the POINT OF BEGINNING; Said parcel contains 93.65 acres more or loss. 1904 W. Overland • !Wise, ID 83706 • Phone 1208) 342-0091 • Fax (2asl 342-0092 • Email: quodronMquadront.cc CIA Engineering • Surveying • Construction Management F0 ■■ Quadrant LEGAL. DESCMWION OF: Consulting. Inc. Proposed R -I5 Zoning A parcel of land being a portion of a tract of land as described in Special Warranty Deed, Instrument No. 106099040, records of Ada County, Idaho, together with a portion of a tract of land as described in Special Warranty Deed, Instrument No. 106099041, records of Ada County, Idaho, together with a portion of the Right -Of -Way of West McMillan Road, situated in the Southeast quarter of Section 27, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the Section comer common to Section 27, 26, 34 and 35 of said Township and Range; thence along the South line of said Section 27 North 88°56`29" West, 1020.01 feet to the POINT OF BEGINNING; thence continuing North 880 56' 29" West 84125 feet; thence leaving said South line North 01 ° 53'56" Bast 1117.09 feet; thence North 900 00' 00" East 739.71 feet; thence 40.48 feet along a curve to the right, said curve having a radius of 280.00 feet, a delta angle of 080 17' 02" and a long chord beating South 03* 05'00" Fast for a distance of 40.45 feet; thence South 010 03131" West 588.00 feet; thence 140.00 feet alonga curve to the left, said curve having a radius of 350.00 feet, a delta angle of 22° 55'06" and a long chord bearing South 10° 24102" East for a distance of 139.07 feet; thence South 210 51'35" East 100.00 feet; thence 80.00 feet along a curve to the right, said curve having a radius of 200.00 feet, a delta angle of 22° 55'06", and a long chord bearing South 10° 24102" East for a distance of 79.47 feet; thence South 010 03'31" West 196.00 feet to the POINT OF BEGINNING; Said parcel containing 20.00 acres more or less. REVI AL 8Y Ate 19 2M MERI#) M PUHUC WORKS OEPT. 1904 W. Overiand - 8olse. ID 83705 - Phone {208) 342-0091 • Fox (208) 342-0092 - EmoU: quadront@quodront.cc OvIlEngineering - Surveying - Construction Monogement 1--1 MR 6Qu40drcmt Consulting, inc. 540.53 feet along a curve to the right, said curve having a radius of4500.0feet, a delta angle of 06° 5256" and a long chord bearing South 09' 22123" East for a distance of 540.21 feet; thence North 880 56' 27" West 836.90 feet; thence 159.52 feet along a curve to the right, said curve having a radius of 280.10 feet, a delta angle of 320 38'30" and a long chord bearing South 23° 32'46" East for a distance of 157.37 feet; thence North 900 00'00" West 739.71 feet to the POINT OF BEGINNING; Said parcel containing 37.84 acres more or less. Vp� 8`t � 19' ,VVr- M �oO�ypBp�. 1904 W. Overland • Boise. ID 83705 • Phone 1208) 342-W91 • Fox (MB) 342 -OM • Email. quodrant®quadroni.cc Civii Engineering • Surveying • Construction Manogement FM ®■ Quadrant Consulting, Inc. LEGAL DESCRIPTION OF: Proposed L -O Zoning A parcel of land being a portion of a tract of land as described in Spacial Warranty Deed, Instrument No. 106041249, records of Ada County, Idaho, together with a portion of the Right - Of -Way of North Teri Mile Road, situated in the Southeast quarter of Section 27, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the Section comer common to Section 27, 26, 34 and 35 of said Township and Range; thence along the East line ofsaid Section 27 North 00021116" East, 2472.93 fed to the POINT OF BEGINNING; thence leaving said East line North 890 38' 44" West 185.00 feet; thence 247.00 feet along a curve to the left, said curve having a radius of 1000.00 feet, a delta angle of 140 09' 07", and a long chord bearing South 830 16142" West for a distance of 246.37 feet; thence 577.00 feet along a curve to the right, said curve having a radius of 2350.00 feet, a delta angle of 140 04'05", and a long chord bearing South 83014' 11" West for a distance of 575.55 feet; thence 423.13 feet along a curve to the left, said curve having a radius of 2000.00 feet, a delta angle of 120 07' 18", and a long chord bearing South 84012' 34" West for a distance of 422.34 feet; thence 250.00 feet along a curve to the right, said curve having a radius. of 1150.00 feet, a delta angle of 120 27120". and a long chord bearing South 840 22' 35" West for a distance of 249.51 feet; thence North 890 23145" West 104.83 feet; theme North 000 5937" East 352.92 feet to the north line of said tract; thence along said north line South 890 21' 12" East 1769.59 feet to the East quarter comer of'said Section; thence South 000 21' 16" West 171.46 feet along the East line of said section to the POINT OF BEGINNING; Said parcel containing 10.7 more or less. BY 4k9VAL Aid 19 2g MERIDIAN PUBLIC WORKS DEPT. 1904 W. Overland • Balm, 10 83705 • phone (208)342-0091 • Fox (20$)342.0092 • EmalL quadronlaquadrant.cc CM Engineering • Surveying • Construction Management 01.—d Quarant LEGAL DESCRIPTION OF: Consulting, inc. Proposed C -G Zoning A parcel of land being a portion of a tract of land as described in Special Warranty Deed, Instrument No. 106099040, records of Ada County, Idaho, together with a portion oft but of land as described in Special Warranty Dees, Instrument No. 106099041, records of Ada nt No. 106041County, Idaho, together with a portion of a tract of land as described in Special Warranty Deed, Instrume249, records ofAda County, OIdaho, togetherwith a portion of *0 Right - 0 o£ West McMillan Road and North Ten Rale Road, situated in the Southeast quarter of Section 27, Township 4 North, Range I Wei, Boise Meridian, City ofMeddian, Ada County Idaho more particularly described:as follows: ' Commencing at the Section corner common to Section 27, 26, 34 and 35 of said Township and Range; thence along the East line of said Section 27 North 00°21' 16" East, 905.74 feet to the POINT OF BEGINNING; thence leaving said East line North 890 38'4611 West 485.15 feet; thence 623.40 feet along a curve to the left, said curve having a radius of 400.00 feet, a delta angle of 890 IT 46", and a long chord bearing South 450 4222- West for a distance of 562.20 feet; thence South 010 0330" West 499.73 feet to the South line of said Section 27; thence along said South lime North 880 S6' 29" West 128.68 feet; thence leaving said South line North 010 03131 " East 196.00 feet; thence 80.00 feet along a curve to the left, said curve having a radius of 200.00 feet, a delta angle of 220 55'06". and a long chord bearing North 100 24'02" West for a distance of 79.47 feet; thence North 210 51'35" West 100.00 feet; thence 140.00 feet along a curve to the right, said curve having a radius of 350.00 feet, a delta angle of 220 55' 06" and a long chord bearing North 100 24'02" West for a distance of 139.07 feet; thence North 010 03'3 1 " Fast 588.00 feet; thence 200.00 feet along a curve to the left, said curve having a radius of 280.00 feet, a delta angle of 400 55'32" and a long chord bearing North 190 24,15" West for a distance of 195.78 feet; thence South 880 56'27" East 836.90 feet; thence 1944 w. Overland • 80h0-10 83705 • Phone (208) 342-0091 • Fez (208) 342-0492 • Em0k quadnmt@quod►ant.cc C10 En9k19wtng • Surveying • Conftction Management f ION Quadrant Consulting, Inc. 540.53 feet along a curve to the left, said curve having a radius of 4500.00 feet, a delta angle of 06° 5256" and a long chord bearing North 090 22123" West for a distance of 540.21 feet; thence 425.00 feet along a curve to the right, said curve having a radius of 1900.00 feet, a delta angle of 12° 48'58" and a long chord bearing North 060 24'22" West for a distance of 424.11 feet; thence 100.00 feet along a curve to the left, said curve having a radius of 650.00 feet, a delta angle of 08° 48'53" and a long chord bearing North 04° 24'20" West for a distance of 99.90 feet; thence North 080 48,46" West 100.00 feet; thence 55.70 feet along a curve to the left, said curve having a radius of 2350.00 feet, a delta angle of 01 ° 21' 29" and a long chord bearing North 760 52' 53" East for a distance of 55.70 feet; thence 247.00 feet along a curve to the right, said curve having a radius of 1000.00 feet, a delta angle of 14° 09'07" and a long chord bearing North 83° 16'42" East for a distance of 246.37 feet; thence South 89° 38'44" East 185.00 feet to the East line of said Section 27; thence along said East line South 000 21'16" West 1567.19 feet to the POINT OF BEGINNING; Said parcel containing 25.10 acres more or less. RL�NI R�il�t 131 AUG 19 2009 1904 W. Overland • Boise, ID 83705 • Phone (208) 342-0091 • Fax (208) 342-0092 • Email: quadrant@quadrant.cc Civil Engineering • Surveying • Construction Management Exhibit B - Map 1b s69z1'12E T78B$9' 27 ' 26 NOW37 E PROPOSED L-0 ZONE C9 X938'44'9 a � 409.74 10.70 ACRES RADIUS 188A0' UN9 C/1 C12 C13 69'17.46" S4542'2rW CIO C9 CURRENT 1� 22'55'08' S1074'02"E 79.47 C3 R-4 ZONE 350-00 100.00' 139.07 C4 li61W' 280.00 3238'30' N23'32'46'w 197 37 SX DEED tNST. 540.53 4500.00 I N0. 146441249 � 425.00 '904.04 i 424.11 f b0'E 73sR71 1b CURVE TABLE -. JRVE LENGTHW14*09'07' ELTIC CHORD SRO. Cj4G% C9 CURVE TAEILE. � �'ZONE RADIUS DELTA CHARD BRC, 04= C1 823.40 400.00 69'17.46" S4542'2rW 5622.0 C2 CURRENT 1� 22'55'08' S1074'02"E 79.47 C3 R-4 ZONE 350-00 .!Mar 510.24'02-E 139.07 C4 159 52 280.00 3238'30' N23'32'46'w 197 37 C5 540.53 4500.00 I 540.21 � 425.00 '904.04 i 424.11 f b0'E 73sR71 10000 650.00 849'53' NaZa'20'N! 99.90 CB 014 / PROPOSED C -C ZONE 55 70 25.10 ACRES /.i MWW4VW DEED 4eSts' NO. NO. 108099041 041 I PROPOSED R-15 ZONE I g I 2000 AtlZES I AR4 aEID 64ST, NO 1�990a0 I ^ CURRENT C -G ZONE I � NZ1TR'35'9T g � k' I 10204 � I z NT0331'E 1 - - i8A00' 1 34 2654.74' N88'56'29 -w --y -----MCMILLk3 33- ----27 x-26 aR§- 12&SW 34 1 35 INC 1b CURVE TABLE -. JRVE LENGTHW14*09'07' ELTIC CHORD SRO. Cj4G% C9 CURVE TAEILE. CURVE LENGTH RADIUS DELTA CHARD BRC, 04= C1 823.40 400.00 69'17.46" S4542'2rW 5622.0 C2 80.00 20000 22'55'08' S1074'02"E 79.47 C3 140.00 350-00 .!Mar 510.24'02-E 139.07 C4 159 52 280.00 3238'30' N23'32'46'w 197 37 C5 540.53 4500.00 82'58' N8'22'2J'W 540.21 C6 425.00 '904.04 12.48.58- N6.24.22'W 424.11 C7 10000 650.00 849'53' NaZa'20'N! 99.90 CB 5570 2350 I 1'21'29' N76"52'S3'E 55 70 VOLTERRA SUBDIVISION PROPOSED ZONING CITY OF MERIDIAN ADA COUNTY SEC 27, T -4N. R -IW SCALE: PROJECT N0. DATE. PAGE 1.a�. 395-06 8/6/2009 E�MKMMquadrant Consulting, Inc. IDAHO 1.904 W O✓BRLAND ROAD soft& oaeo 83705 5rr£E T 7 DF I(208) 342-0491 PUME {208) 342-0092 iAY CM ETH WrE+r1NG- M&MM D CURVE TABLE -. JRVE LENGTHW14*09'07' ELTIC CHORD SRO. Cj4G% C9 521.304236• 583'54'55'x7 520.2: :f0 280.002720' SRWW35-W 249.51 :11 423.13G718- 584'1734'W 422.E '12 577.0004.05' 583'14'11-W 57559 :13 247.0009'07' N83'18'a2'E 2x8 37 to 40.48 28400 81r02" S3�S'00'EP-40.:15 200.00 280.00 40'55'32' N19.24'1$'W E�MKMMquadrant Consulting, Inc. IDAHO 1.904 W O✓BRLAND ROAD soft& oaeo 83705 5rr£E T 7 DF I(208) 342-0491 PUME {208) 342-0092 iAY CM ETH WrE+r1NG- M&MM D May 29,2W9 AZ 08-013 MERIDIAN CITY COUNCIL MEETING June 2, 2009 APPLICANT City of Meridian ITEM NO. 13 REQUEST Ordinance — Request for Annexation & Zoning of 32 tax parcels owned by 28 different property owners consisting of 55.6 acres currently receiving city water and 1 or sewer service — Implied Consent - David Pumell 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: 101 a COMMENTS See allached Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I BOISE IDAHO 06/05/09 03:13 PM EY Randy Jennings RII I I I II T II I II I II I II I I II I II I I'I'I III ECORCORQED—REQUEST OF Meridian City 109066121 CITY OF MERIDIAN ORDINANCE NO. 09— 10 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 08-013 IMPLIED CONSENT — DAVID PURNELL) FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN THE SW % OF THE NW % OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN,- ESTABLISHING ERIDIAN,ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-2 (LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to -wit: David Purnell. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT (Ada County) to R-2 (Low Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION - AZ 08-013 IMPLIED CONSENT - DAVID PURNELL - PAGE 1 OF 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this Z��i day of 92009. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Z?_ day of 2009. n. Czt MAYOR TAMMY de WEERD ATTEST: 01f � p®'`'j•,, JAYC�.HOLMAN, CITY CLERK r ANNEXATION - AZ 08-013 IMPLIED CONSENT - DAVID PURNELL - PAGE 2 OF 3 ANNEXATION DESCRIPTION FOR THE CITY OF NIEPUDIAN, IDAHO DAA PURNFLL A parcel located in the SNV % of the NW V, of Section 29, Township 4 North, Range I Fast, Boise Meridian, Ada County, Idaho, more particularly described & 4 follows: Commencing at an aluminum cap monument Marking the southwesterly comer of said SW V4 of the NW % from which a 518 inch diameter marking the northwesterly comer of said -SW of the NW 1/4 bears N 0001 13611 W a distance of 1328.30 feet; Thence N 0"01'36" W along the westerly boundary of said SW V4 of the NW 1/s a distance of 1033.44 feet to the POINT OF BEGINNING; Thence continuing N 0°01'361" W a distance of 115.63 feet to a point marking the extension of the boundary of DUNWOODY SUBDMSION as shown in Book 58 Of Plats at -Page 5482 in the office of the Recorder, Ada County, Idaho; Thence leaving said westerly boundary S 8902141" E along said extended boundary a distance of 376.52 feet to a point marking an angle point in the boundary of said D Ulf WOOD Y SUBDMSION; Thence continuing along said boundary of DEWWOODY SUBDMST01V S 0000225" E a distance of 115.63 feet to a point marking an angle point in the boundary of said DUNW00DYSUBDjp7Sj0Ar- Thence continuing along said boundary of DLWOODY SETRDMSION N 89P21-41" W a distance of 376.48 feet to the POINT OF BEGINNING. This parcel contains 1.00 acres., more or less, This description was prepared from record informationand no field sunrey was performed. Civil Survey Consultants, Incorporated is not liable or responsible for any discrepancies that a field survey might disclose. Prepared by: Glenn K- Bennett, PLS Civil Survey Consultants, Incorporated No"enlb REVI PROVAL ey MEROAN PU13UC WORKS DEPT. =4 A82 lot, S SKETCH TO ACCOMPANY ANNEXATION DESCRIPTION FOR THE C/TY OF MERIDIAN LOCATED IN THE SW 114 OF THE NW 1/4 OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO. ;q;. "? j I^ S 892r fir" £ 376.52' Nor to scare w o DAVID PURNELL ta N 1.00 ACRES , A O ry� Pomr OF Q BBGr.YNlWG 4y 4 N 89'1749" W 376,48' ¢x � rm a4 J,ld May 29, 2009 AZ 08-013 MERIDIAN CITY COUNCIL MEETING June 2, 2009 APPLICANT City of Meridian ITEM NO. 14 REQUEST Ordinance — Request for Annexation & Zoning of 32 tax parcels owned by 28 different property owners consisting of 55.6 acres currently receiving city water and / or sewer service -- Implied Consent - Rigby AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 06/05/09 03:13 PM DEPUTY Randy Jennings II (I II II' II I'I I'I I'I I I II I II II I I'I II' RECORDED -REQUEST OF 109066120Meridian City CITY OF MERIDIAN ORDINANCE NO. l� BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 08-013 IMPLIED CONSENT — RIGBY) FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN THE NE % OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, AND INCLUDES LOT 11 OF VAN BEES SUBDIVISION AS SHOWN IN BOOK 12 OF PLATS AT PAGE 688 IN THE OFFICE OF THE RECRODER, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-4 (LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to -wit: Rigby. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT (Ada County) to R-4 (Low Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION - AZ 08-013 IMPLIED CONSENT - RIGBY - PAGE 1 OF 3 ANNEXATION BOUNDARY DESCRIMO Y N FOR CITOF MRRJD1&N,' EI)AHO P11416y A parcel located in the NE V4cif Section 14, Township 3 North, Range I West, Boise Meridian, and includes Lot 11 of VAAFINES SMDtyM6Ar as shown in Book 12 of Plats at Page 688 in the office of the Recorder, Ada County; Idaho, more particularly described as follows: Commencing at a 'btaSS cap monument marking the, northeastetiy comer of said NE from which a.519 inch diameter iron pin marking the southeasterly COMM of said NE 1/4 bears 9 0P33'12"W a distance of'2657.49 feet; - "MCC S 0"33'12" W along the easterly boundary of said NE 4 a distance of 1623.61 feet -to a point on the extension or the northerly boundary of said Lot I I and being the POINT OF BEGINNING;. Thence continuing S 0.33' I2" W a distance of 102.06 feet to a point on the extension of the southerly boundary of said Lot 11; Thence leaving said easterly boundary N 89012'54" W along said southerly boundary a distance of 664.76 feet to a point marking the s0uthNvf:stefly comer of said Lot 11; Thence N 0'33347" E along the westerly boundary of -said Lot I I a distance of 102,03 feet to a point Tna&ng the nord1westedy comer of said Lot 11; Thence S 89°1.3'04" E along said northerly boundary a distance of 664.75 feet to the POINT OF BEG24NING. This parcel. contains 1.56 acres and is subject to any easements exiti n . g or -use. This description was prepared from record documents. No field surveys have been performed. Prepared by: Glen V Bennett,FLS Civil Survey Consultants, Incorporate( February 22, 2008 RByEV14" A'_�?OVAL --- JI ��_ I FM 2:2 2M8 MFp _jDIAN PUBLIC WORKS DEPT- SA ITCH TO ACL,,JUTWNY ANNEXATION DESMtPTIOAr FOR THE CITY OF MERIDIAN LOCATED IN SECTION 14, TO#rJV3HfP 3 NORTH, RANCE I #ZFT, BOISE UERI.MR, MAYO S44LE., I Wo' RRE'VIEY� FEB 2 2 2008 MERWIAN PUSUG � �n-r 11, FAAJ igtOOK 12 Or PLATS, PlIGE C6? 7,; "77 L'TI-T 10-q 6 5 It jb 12 14 li 'og 4 Tw POW OF BMWAMV 114 ------------- RRE'VIEY� FEB 2 2 2008 MERWIAN PUSUG � �n-r 11, FAAJ igtOOK 12 Or PLATS, PlIGE C6? 7,; "77 L'TI-T 10-q 6 5 It jb 12 14 li 'og 4 Tw POW OF BMWAMV 114 May 29, 2009 AZ 08-013 MERIDIAN CITY COUNCIL MEETING June 2, 2009 APPLICANT City of Meridian ITEM NO. 15 REQUEST Ordinance — Request for Annexation & Zoning of 32 tax parcels owned by 28 different property owners consisting of 55.6 acres currently receiving city water and / or sewer service — Implied Consent - Leslie R. Schild AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached �i0) k ►1 Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at pubUc meetings shag become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 06/05/09 03:13 PM DEPUTY Randy Jennings III I' II'I II I') I II I II I II' I'I I I ll I'll RECORDED -REQUEST OF Meridian City 109066118 CITY OF MERIDIAN ORDINANCE NO. 0 9— N13 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 08-013 IMPLIED CONSENT - SCHILD) FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN THE NW V4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO R-4 (LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to -wit: Leslie R. Schild SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT (Ada County) to R-4 (Low Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION - AZ 08-013 IMPLIED CONSENT - LESLIE R. SCHILD PAGE 1 OF 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of J U_4^^- , 2009. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of _ (,- , 2009. C -C, c. ^ . (2 -- MAYOR MAYOR TAMMY de WEERD ATTEST:Mft ' o ' JAYCEE . HOLMAN, CITY CLERK' T'sl , p Cb ,"!!!!!!tI►ll,l 1111111\\\\````\ ANNEXATION - AZ 08-013 IMPLIED CONSENT - LESLIE R. SCHILD PAGE 2 OF 3 STATE OF IDAHO, ss: County of Ada 0 V) &rl iC_ 9-®L14ye. — On this Z day of .J�l y�� , 2009 efore me, the undersigned, a Notary Public in and for said State, eo eared and JAYCEE L. HOLMAN, known to me to be th'"e'�cyar 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) ®**easees+ 00 9 fe0 a I � a 1 B e 4 I • a O � YC oma` ®®®®® 0.. 11aMAR.L."j NOTARY PUBLI FOR IDAHO RESIDING AT: 1Y-) MY COMMISSION EXPIRES: AN 1:1 ANNEXATION — AZ 05-013 IMPLIED CONSENT — LESLIE R. SCHILD PAGE 3 OF 3 ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO LESLIE SCH1I,D A parcel lowed in the NW ! of Section 20, Township 3 North, Range i Past, Boise Meridian, Ada County, Idaho, more particulaily describe as follows: Commencing at a brass cap monument marking the northwesterly corner of said NW from which a 518 inch diameter iron pin marking the southwesterly comer of said NW 1/4 bears S 0°3417" W a distance of 2654.60 feet; Thence S 03437" W along the westerly boundary of said NW % a distance of 1477.10 feet to the POINT OF BEGINN1Ne, Thence continuing S 013437" W a distance of 227.51 feet to a point.; Thence leaving said westerly boundary N 89°59'37" E a distance of 189.91 feet to a point; Thence S 41'21'23" E a distance of 171.04 feet to a point; Thence N 89159'37" E 'a distance of 86.84 feet to a point on the southwesterly boundary of RIM nEW SUBi.7iWWON as shown in Book 43 of Plats at Page 3477 in the office of the Recorder, Ada County, Idaho; Thence N 41°21'23" W along said southwesterly boundary a distance 474.05 feet to an angle point in said southwesterly boundary; Thence~ continuing along said southwesterly boundary S 89159'37" W a distance of 74.22 feet to the POINT OF BEGINNING. This parcel contains 1.17 acres, more or less. This description was prepared from record information and no field survey was performed Civil Survey Consultants, Incorporated is not liable or responsible for any discrepancies that a field survey might disclose. Prepared by. Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated November 7, 2008 REV OVAL aY ,NOV 12 Z 'nER101'-x PUSLI0 SKETCH TO ACCOMPANY ANNEXATION Df-SCRIPT10V FOR THE CITY OF MERIDIAN LOCATED IN THE NW 114 OF SECTION 20, TOWNSHIP J NORTH, RANGE- 1 EAST, 801SE IVERIVIAN, ADA COUN7Y, IDAHO 7P t7 T PONT OF 5 89'59 37' W 74,22' Nor re) S4:.Qlr ry LESUR $CHILD 1.17 ACRES 86.84 8959'37' May 29, 2009 AZ 08-013 MERIDIAN CITY COUNCIL MEETING .lune 2, 2009 APPLICANT City of Meridian ITEM NO. 16 REQUEST Ordinance — Request for Annexation & Zoning of 32 tax parcels owned by 28 different property owners consisting of 55.6 acres currently receiving city water and / or sewer service -- Implied Consent - Sumfun 11 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY CORDER J. DAVID NAVARRO AMOUNT ,00 5 • BOISE IDAHO 06/05109 03:13 PM DEPUTY Randy Jennings III I'II'lllll'IIIII'11'll'I'II'lll'11 RECORDED -REQUEST OF 1 Meridian City 109066119 CITY OF MERIDIAN ORDINANCE NO. Dq - I q 14 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 08-013 IMPLIED CONSENT — SUMFUN II, LLC) FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN THE NE 1/4 OF THE NW 1/4 OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN,- ESTABLISHING ERIDIAN,ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO C -C (COMMUNITY BUSINESS DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to -wit: Sumfun H,, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT (Ada County) to C -C (Community Business District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION - AZ 08-013 IMPLIED CONSENT - SUMFUN II - PAGE 1 OF 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. lyASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of __92009. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 0 2day of1•..t— , 2009. MAYOR TAMMY de WEERD ATTEST: ,;.-� Of Fo JAYCE L. HOLMAN, CITY CEE SEA .`5 Cb ANNEXATION - AZ 08-013 IMPLIED CONSENT - SUMFUN II - PAGE 2 OF 3 STATE OF IDAHO, ) ss: County of Ada L nun On this day of J -U he- , 2009 before me, the undersigned, a Notary Public in and for sa Sto e9s0n,Ny appeared and JAYCEE L. HOLMAN, known to me to be e d'Crty 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) •.06*08600 �. $4. e e e • m eo • 'no i ® It ®F ��••• 1"' " r L-,4, ".'j OTARY PUBLIC FOR IDAHO RESIDING AT: (sj I�u�a , )f) MY COMMISSION EXPIRES: )()1(-1 ANNEXATION — AZ 08-013 IMPLIED CONSENT — SUMFUN II - PAGE 3 OF 3 ANNEXATION DEscRiffloN FORTHE CM OF NMRWIAN, IDAHO SUMFUN IT, LLC A parcel located in the *NE Y4 of the NW Y4 of Section 4, Township 3 North, Range I Eut, Boise Meridian, Ada County, Idaho, more particularly desenibed as. f6llows- BEGINNING at a 5/8 inch -diameter iron pin marking the northwesterlycomer of said NE, V4 of the NW Y. from which a 5/8 inch diameter iron pin marking the northeasterly comer of said NE Wof the NW !/ibears S 89'40'23" E a distance of 1329.691 t; Thence S 89'49'23" E along the northerly boundary of said NE % of the NW % a distance of 319.92 feet to a point; Thence leaNring said northerly boundary S 0'35"0'r'W a distance of 311.20 feet to a point on the northerly boundary of Lot I of Block I of PERMNS-BROWN SUBDIPUION as shown in Book 25 of Plats at Page 1562 in the office of the Recorder, Ada County, Idaho; Thence N 8949'23t W along last said northerly boundary a distance of 319.92 feet to a point marking the northwesterly comer of said Lot 1, said point being on the westerly boundary of said NE Y4 cif the NW 1/4; Thence leaving last -said northerly -boundary N 0'35'0 " E. along said westerly boundary a distance 311.20 feet to the POINT OF BEWWWO. 71is parcel contains 2.29 aures, more or less. This description vas prepared from record information and no field survey was performed, Civil Survey Consultants, Incorporated is not liable or responsible for any discrepancies that a field survey might disclose. Prepared b , y- Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated November7,2008 &OVAL RE -vi 4 qYj_ ROY 12 2008 OR MERIDIAN DPUBLIC WKSEPT- a SffETCH TO ACCOMPANY ANNEXATION DESCRIPTIOm FOR THE CITY OF MERIDIAN LOCATED IN THE NE 114 OF 7 -1 -IE NW 114 OF SEC7101V 4, TOWNSHIP J NORTH, RANGE I CAST, BOISE MERIDIAN, ADA COUNTY, IDAHO 32 33 w J/, u 41$WK ROAD T,w 114 POINT OF 315? 92' BEGINAWC SU FUN II, LLC ti D 2.29 ACRES UNPIA.7ro AV 14V zt Nor ro c?^ IPE a iY 31,9.92' L5 m ly N 8,9492-T' W May 29, 2009 AZ 08-013 MERIDIAN CITY COUNCIL MEETING June 2, 2009 APPLICANT City of Meridian ITEM NO. 17 REQUEST Ordinance — Request for Annexation & Zoning of 32 tax parcels owned by 28 different property owners consisting of 55.6 acres currently receiving city water and / or sewer service — Implied Consent - Henry & Veldeen Torkelson Trust AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. RDA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 06/05/09 03:13 PM DEPUTY Randy Jennings III lill'I'lll'll'll'11'11'11'llllllll RECORDED —REQUEST OF Meridian City 109066122 CITY OF MERIDIAN ORDINANCE NO. CA' `c BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 08-013 IMPLIED CONSENT — HENRY & VELDEEN TORKELSON TRUST) FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN THE NE % OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT (ADA COUNTY) TO O -T (OLD TOWN DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to -wit: Henry and Veldeen Torkelson Trust. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT (Ada County) to O -T (Old Town District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION - AZ 08-013 IMPLIED CONSENT - HENRY & VELDEEN TORKELSON TRUST - PAGE 1 OF 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. ASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 24 day of , 2009. PROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2 day of , 2009. ATTEST: JAYCEE , CITY ..,,,,,WYOR TAMMY de WEERD OF ���` �•� _npftD , r �jl j ��i 13EA �0 ANNEXATION - AZ 08-013 IMPLIED CONSENT - HENRY & VELDEEN TORKELSON TRUST - PAGE 2 OF 3 STATE OF IDAHO, ) ss: County of Ada ) Cmr LLL, On this day of Tt�J1� , 2009 before me, the undersigned, a Notary Public in and for sai ar�on, �l1 ''appeared and JAYCEE L. HOLMAN, known to me to be the �� 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) JUTARY PUBLIC FOR IDAHO RESIDING AT: Cou(t 1I I a V MY COMMISSION EXPIRES: ANNEXATION — AZ 08-013 IMPLIED CONSENT — HENRY & VELDEEN TORKELSON TRUST - PAGE 3 OF 3 SKETCH TO ACCOMPANY ANNEXATION DESCRIPTION FOR THE C17 -Y OF MERIDIAN L©CATED IN THE NE 1/4 OF SECTION 7, TOWNSHIP 3 lvoRTH, RANGE 7 EAST, BOISE MEPI©IAN, ADA COUNTY, IDAHO 131.74 TORKELSON TRUST � o 0.72 ACRES a C POINT OF BEGINNING 758.67' F N 89'07 04 ^ E 2549..`. D sf 7 PINE l8.. 74 NOT rO SULE May 29, 2109 MERIDIAN CITY COUNCIL MEETING June 2, 2009 APPLICANT ITEM NO. 18 REQUEST Executive Session per Idaho State Code 67-2345(1) (d) 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 properly of the City of Meridian. CITY OF MERIDIAN RESOLUTION NO. Oq— (& ! BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN DECLARING A WAIVER OF CERTAIN IMPACTS FEES COLLECTED FOR POLICE AND FIRE SERVICES ON NON-RESIDENTIAL PROJECTS BETWEEN JUNE 3, 2009 AND SEPTEMBER 30, 2009 AND PROVIDING AN EFFECTIVE DATE. WHEREAS, economic hardships have reached all areas of development and building of new or existing projects within the City of Meridian; and WHEREAS, it is the desire of the Mayor and City Council to provide some incentive and assistance to stimulate new growth and development for non-residential building projects; and WHEREAS, the Mayor and City Council recognize that the lost impact fees will have to be made up by different means; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That during the period of June 3, 2009 until September 30, 2009 the City will waive the requirement for payment of fire and police impact fees on all applications for building permits on non-residential permits. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of 2009. n APPROVED by the Mayor of the City of Meridian, Idaho, this2, day of 2009. ATTEST: aycee APPROVED: %U0III u 1 H1��� Teo City Clerk; -' /-1. (2 de Weerd RESOLUTION WAIVING POLICE AND FIRE IMPACT FEES BEYWEEN JUNE 3, 2009 AND SEPTEMBER 30, 2009 - PAGE 1 OF 1 ADA COUNTY REORDER J. DAVID NAVARRO AMOUNT .00 I BOISE IDAHO 06/08100 01:20 PM DEPUTY VIcW Allan ` RECORDED -REQUEST OF III lilllllllllll�llllll�lllll III II Maddlan CIV 109064321 OFF SITE SEWER IMPROVEMENT AGREEMENT L City of Meridian tants. F&C Development THIS OFF SITE SEWER IMPROVEMENT AGREEMENT ("Agreement") is made and entered into this day of June, 2009, by and between City of Meridian, a municipal corporation of the State of Idaho (hereinafter called "City") and Frank Stauts, principal of F&C Development Co., Inc. owner of Napoli Subdivision (hereinafter called "Napoli") within the corporate limits of the City of Meridian. The business address of F&C Development Company is 3554 E. Indian Trail Lane, Kuna, Idaho 83634. RECITALS WHEREAS, Stauts is the owner of the Napoli Subdivision located in the NW 1/a of the SW 1/a of Section 28, Township 3 North, Range 1 East Boise Meridian, Ada County, Idaho as legally described in Exhibit A, attached hereto and incorporated herein; and WHEREAS, as a condition of approval of the Final Plat of Napoli Subdivision (FP -06- 050) ("Final Plat") the owner/developer of the subdivision is responsible to provide sewerability to the subdivision through the installation of a temporary off-peak sanitary sewer pumping station in a location designated by the Public Works Department; and WHEREAS, a letter of credit from Napoli was provided to assure construction of the sanitary sewer pumping station; and WHEREAS, the letter of credit was set to expire on June 2, 2009 and the City in good faith cashed said LOC to secure the funding for the off peak sanitary lift station as proposed in the development condition; and WHEREAS, the CITY will become responsible for the construction of the sanitary sewer pumping station when and if it is necessary to provide sanitary sewer service; and WHEREAS, City and Napoli have agreed on an alternative and permanent plan, in lieu of the installation of a temporary off-peak sanitary sewer pumping station, to provide the required OFF SITE SEWER HY PROVEMENT AGREEMENT - Page 1 of 6 sewer capacity to the Napoli Subdivision, to wit: The construction of an extension of the Black Cat Sewer Line; and WHEREAS, Napoli has agreed to provide funding for its proportionate share of the extension of the Black Cat Sewer Line to provide sewerability to the Napoli Subdivision; and WHEREAS, in exchange for an agreement by the City to continue to provide sewer services to the Napoli Subdivision, Napoli desires to enter into this Agreement to memorialize its agreement to the substitution of its participation in funding the extension of the sewer line; and AGREEMENT NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, which the parties agree is good and adequate consideration, the parties agree as follows: 1. INCORPORATION OF RECITALS. That the above recitals are contractual and binding, true and correct, and are incorporated herein as if set forth in full. 2. 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: (a) 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 Broadway Avenue, Meridian, Idaho 83642. (b) Owners/Developers means and refers to Frank Stauts, a party to this Agreement whose address is 3554 E. Indian Trail Lane, Kuna, Idaho 83634, the owner of said Property and shall include any subsequent owner(s) or developer(s) of the Property. (c) 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 and by this reference incorporated herein as if set forth at length. 3. AGREEMENTS REGARDING PROVISION OF SEWER SERVICES. (a) Payment of Proportionate Share. Napoli shall make a one-time payment of its proportionate share of the extension of the Black Cat Sewer Line to provide sewerability to the Napoli Subdivision, which amount shall be Sixty Thousand dollars and no cents ($60,000.00) ("Napoli Sewer Contribution!). (b) Agreement to Provide Sewer Services; Satisfaction of Condition. In exchange for the Napoli Sewer Contribution, the City shall continue to provide necessary sewer services to the Napoli Subdivision and the lots located therein. Furthermore, the City accepts the Napoli Sewer Contribution as satisfaction of its condition of approval on the Final Plat for the Napoli Subdivision that the Owner/Developer of the Property installs a temporary off-peak sanitary sewer pumping station in a location designated by the City's Public Works Department. OFF SITE SEWER U"ROVEMENT AGREEMENT - Page 2 of 6 The City is under no time restraint as to the time period when the Off Site Sewer Improvement must be constructed. 4. ISSUANCE OF ADDITIONAL BUILDING PERMITS. As additional consideration for Napoli the City of Meridian agrees to issue all remaining building permits for Napoli Subdivision, even if the Off Site Sewer Improvement is not completed at the time of the request. 5. SURETY OF PERFORMANCE. The City shall retain Sixty Thousand Dollars and no cents that it received from the Original Letter of Credit for Napoli for the construction of the off peak lift station and apply it to the conditions of this agreement. The City shall then return any remainder of the money received from that Letter of Credit to Napoli within 30 days of the execution of this agreement. 6. NOTICES. Any notice under this Agreement shall be in writing and be delivered in person or by public or private courier service (so long as such services provide written confirmation of delivery) (including U.S. Postal Service Express Mail) or certified mail, return receipt requested, or by facsimile. Any notice given by registered or certified mail shall be sent with return receipt requested. Any notice given by facsimile shall be verified by confirmation. All notices shall be addressed to the parties at the addresses contained herein or at such other addresses as the parties may from time to time direct in writing. Any notice shall be deemed to have been given on (a) actual delivery or refusal, (b) three (3) business days after mailing by registered or certified mail, or (c) the day facsimile delivery is verified. If to City: City of Meridian Attention: Gryftm1C 33 it SRQADW 1y &VE AMOAAA, ID 131641, Telephone: 4% 7 Facsimile: ZO - - q-g3S With copy to: L'•y mr- lAre;rvino Attention: BRUAE SKA LEToa 33 z Fs�stoaflilay — Telephone: 1 ! Facsimile: a" - -8'1=M11 If to Napoli: F&C Development Co., Inc. Attention: Frank Stauts 3554 E. Indian Trail Lane Kuna, Idaho 83634 Telephone: (208) 631-0252 Facsimile: (208) 887-6597 OFF SITE SEWER IMPROVEMENT AGREEMENT - Page 3 of 6 7. 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 fees as determined by a Court of competent jurisdiction, including reasonable attorneys' fees on appeal. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 8. TIME IS OF THE ESSENCE. The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 9. 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. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof. 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. 10. 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. 11. RECORDING. The parties acknowledge and agree not to cause or permit the recording of this Agreement or any portion thereof prior to the purchase of the Property by Napoli. 12. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall constitute an original, but all together shall constitute one and the same Agreement. 13. ENTIRE AGREEMENT. This Agreement embodies the entire agreement between the parties hereto with respect to the subject matter hereof. No extension, change, modification or amendment to or of this Agreement of any kind whatsoever shall be made or claimed by the City or Napoli, and no notice of any extension, change, modification or amendment made or claimed by the City or Napoli shall have any force or effect whatsoever unless the same shall be endorsed in writing and be signed by the party against which the enforcement of such extension, change, modification or amendment is sought, and then only to the extent set forth in such instrument. OFF SITE SEWER H"ROVEMENT AGREEMENT - Page 4 of 6 IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. ONVNER/DEVELOPER STATE OF IDAHO County of Ada } ) ss. Frank Stauts F&C Development Co., Inc. On this Z �d day of Tuve. , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared Frank Stauts, known or identified to me to be the person who signed the above and acknowledged to me that he executed the same on behalf of said organization 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) - as Of R'es Mg at. jV _ bic.. w I I-dah.a My commission expires OFF SITE SEWER U"ROVEMENT AGREEMENT - Page 5 of 6 CITY By: ������• 'L --.Charlie Rountree, Acting Mayor ,@ttest: s 7 = IV ,.``�� Jaycee loran, City Clerk fill 111 M • 104IIc ) ss. County of Ada ) On this day of 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared Charlie Rountree and Jaycee Holman, known or identified to me to be the Acting 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 in this certificate first above written. 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Lnc. THIS OFF SITE SEWER IMPROVEMENT AGREEMENT ("Agreement") is made and entered into this day of June, 2009, by and between City of Meridian, a municipal corporation of the State of Idaho (hereinafter called "City") and Frank Stauts, principal of F&C Development Co., Inc. owner of Napoli Subdivision (hereinafter called "Napoli!) within the corporate limits of the City of Meridian. The business address of F&C Development Company is 3554 E. Indian Trail Lane, Kuna, Idaho 83634. RECITALS WHEREAS, Stauts is the owner of the Napoli Subdivision located in the NW K of the SW'/a of Section 28, Township 3 North, Range 1 East Boise Meridian, Ada. County, Idaho as legally described in Exhibit A, attached hereto and incorporated herein; and WHEREAS, as a condition of approval of the Final Plat of Napoli Subdivision (FP -06- 050) ("Final Plat") the owner/developer of the subdivision is responsible to provide sewerability to the subdivision through the installation of a temporary off-peak sanitary sewer pumping station in a location designated by the Public Works Department; and WHEREAS, a letter of credit from Napoli was provided to assure construction of the sanitary sewer pumping station; and WHEREAS, the letter of credit was set to expire on June 2, 2009 and the City in good faith cashed said LOC to secure the fimding for the off peak sanitary lift station as proposed in the development condition; and WHEREAS, the CITY will become responsible for the construction of the sanitary sewer pumping station when and if it is necessary to provide sanitary sewer service; and WHEREAS, City and Napoli have agreed on an alternative and permanent plan, in lieu of the installation of a temporary off-peak sanitary sewer pumping station, to provide the required OFF SITE SEWER IMPROVEMENT AGREEMENT - Page 1 of 6 sewer capacity to the Napoli Subdivision, to wit: The construction of an extension of the Black Cat Sewer Line; and WHEREAS, Napoli has agreed to provide funding for its proportionate share of the extension of the Black Cat Sewer Line to provide sewerability to the Napoli Subdivision; and WHEREAS, in exchange for an agreement by the City to continue to provide sewer services to the Napoli Subdivision, Napoli desires to enter into this Agreement to memorialize its agreement to the substitution of its participation in funding the extension of the sewer line; and AGREEMENT NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, which the parties agree is good and adequate consideration, the parties agree as follows: 1. INCORPORATION OF RECITALS. That the above recitals are contractual and binding, true and correct, and are incorporated herein as if set forth in full. 2. 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: (a) 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 Broadway Avenue, Meridian, Idaho 83642. (b) Owners/Developers means and refers to Frank Stauts, a party to this Agreement whose address is 3554 E. Indian Trail Lane, Kuna, Idaho 83634, the owner of said Property and shall include any subsequent owner(s) or developer(s) of the Property. (c) 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 and by this reference incorporated herein as if set forth at length. 3. AGREEMENTS REGARDING PROVISION OF SEWER SERVICES. (a) Payment of Proportionate Share. Napoli shall make a one-time payment of its proportionate share of the extension of the Black Cat Sewer Line to provide sewerability to the Napoli Subdivision, which amount shall be Sixty Thousand dollars and no cents ($60,000.00) ("Napoli Sewer Contribution'). (b) Agreement to Provide Sewer Services; Satisfaction of Condition. In exchange for the Napoli Sewer Contribution, the City shall continue to provide necessary sewer services to the Napoli Subdivision and the lots located therein. Furthermore, the City accepts the Napoli Sewer Contribution as satisfaction of its condition of approval on the Final Plat for the Napoli Subdivision that the Owner/Developer of the Property installs a temporary off-peak sanitary sewer pumping station in a location designated by the City's Public Works Department~ OFF SITE SEWER IMPROVEMENT AGREEMENT - Page 2 of 6 The City is under no time restraint as to the time period when the Off Site Sewer Improvement must be constructed. 4. ISSUANCE OF ADDITIONAL BUILDING PERMITS. As additional consideration for Napoli the City of Meridian agrees to issue all remaining building permits for Napoli Subdivision, even if the Off Site Sewer Improvement is not completed at the time of the request. 5. SURETY OF PERFORMANCE. The City shall retain Sixty Thousand Dollars and no cents that it received from the Original Letter of Credit for Napoli for the construction of the off peak lift station and apply it to the conditions of this agreement. The City shall then return any remainder of the money received from that Letter of Credit to Napoli within 30 days of the execution of this agreement. 6. NOTICES. Any notice under this Agreement shall be in writing and be delivered in person or by public or private courier service (so long as such services provide written confirmation of delivery) (including U.S. Postal Service Express Mail) or certified mail, return receipt requested, or by facsimile. Any notice given by registered or certified mail shall be sent with return receipt requested Any notice given by facsimile shall be verified by confirmation. All notices shall be addressed to the parties at the addresses contained herein or at such other addresses as the parties may from time to time direct in writing. Any notice shall be deemed to have been given on (a) actual delivery or refusal, (b) three (3) business days after mailing by registered or certified mail, or (c) the day facsimile delivery is verified If to City: City of Meridian Attention: Telephone: Facsimile: With copy to: Attention: Telephone: Facsimile: If to Napoli: F&C Development Co., Inc. Attention: Frank Stauts 3554 E. Indian Trail Lane Kuna, Idaho 83634 Telephone: (208) 631-0252 Facsimile: (208) 887-6597 OFF SITE SEWER IMPROVEMENT AGREEMENT - Page 3 of 6 7. 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 fees as determined by a Court of competent jurisdiction, including reasonable attorneys' fees on appeal. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 8. TIME IS OF THE ESSENCE. The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 9. 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. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof. 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. 10. 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. 11. RECORDING. The parties acknowledge and agree not to cause or permit the recording of this Agreement or any portion thereof prior to the purchase of the Property by Napoli. 12. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall constitute an original, but all together shall constitute one and the same Agreement. 13. ENTIRE AGREEMENT. This Agreement embodies the entire agreement between the parties hereto with respect to the subject matter hereof. No extension, change, modification or amendment to or of this Agreement of any kind whatsoever shall be made or claimed by the City or Napoli, and no notice of any extension, change, modification or amendment made or claimed by the City or Napoli shall have any force or effect whatsoever unless the same shall be endorsed in writing and be signed by the party against which the enforcement of such extension, change, modification or amendment is sought, and then only to the extent set forth in such instrument. OFF SITE SEWER IlOROVEMENT AGREEMENT - Page 4 of 6 IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. OWNER/DEVELOPER STATE OF IDAHO ) ) ss. County of Ada ) Frank Stauts F&C Development Co., Inc. On this Zi! -A day of AMA.. 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared Frank Stauts, known or identified to me to be the person who signed the above and acknowledged to me that he executed the same on behalf of said organization 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) OT q /?J. a �VB LAG _* n ung at jV %a. p- My commission expires (6-'G- OFF 6- - OFF SITE SEWER HAPROVEMENT AGREEMENT - Page 5 of 6 STATE OF IDAHO County of Ada On this in and for said By: C3rc ' ti .Charlie Rountree, Acting Mayor sm rttest: 9p Tt�•� ���: i0\\\,�`�� Jaycee Iman, City Clerk ) ss. Vidday of 2009, before me, the undersigned, a Notary Public State, personally appeared Charlie Rountree and Jaycee Holman, known or identified to me to be the Acting 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 m this certificate first above written. 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