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HomeMy WebLinkAbout2009-07-077 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Tuesday, July 7, 2009 at 7:00 p.m. 1. Roll -call Attendance: X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Randy Cook with Meridian First Baptist Church: 4. Adoption of the Agenda: Approve 5. Consent Agenda: A. Approve Minutes of June 16, 2009 City Council Workshop Meeting: Approve B. Approve Minutes of June 23, 2009 City Council Regular Meeting: Approve C. Sanitary Sewer and Water Easement Aareement for Trade Plaza No. 1 by Trade Plaza Subdivision Development, LLC: Approve D. Temporary License Agreement with Flatbread Community Oven, Inc. for Patio: Approve E. 2009 SRO Contract: Approve F. Approval and Award of Contract for Citv Hall Securitv Cameras and Installation with APEX Intearated Security Solutions for $34,350.00: Approve Meridian City Council Meeting Agenda — July 7, 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. G. Additional Services No. 1 with JUB Engineers for Ten Mile Road — Franklin Road to Cherry Lane Improvement Project in Conjunction with ACHD Project Number 504003 for $6,451.00: Approve H. Task Order No. 10008 with HDR Enaineerina, Inc. for Heroes Park Pond Liner Replacement & Reclaimed Water for $37,957.00: Approve I. Contract with A.M.E. Electric, Inc. for PRV SCADA Installation for $55,955.00: Approve J. Initial Point Gallery Acceptance Agreement - Joni Frev: Approve K. Memorandum Agreement Amendment to Collective Labor Agreement between the City of Meridian and Meridian Firefighters I.A.F.F. Local 4627 for Wage Schedule from October 1, 2009 Until September 30, 2010: Withdrawn L. License Agreement and Usage Fee with Union Pacific Railroad for Use of Right of Way for $3,480.00: Approve M. Amendment to Development Agreement: MDA 08-008 Request to modify the Development Agreement for Knight Sky Estates by Sea to Sea, LLC — 6555 North Linder Road: Approve 6. Department Reports: A. Mayor's Office: 1. Resolution No. 09-674 Reappointment of Carol Harms to Historic Preservation Commission: Approve B. Police Department: 1. Byrne Grant Memorandum of Understanding: Approve C. Planning Department: 1. Sign Ordinance Update: Updated D. Purchasing Department: Meridian City Council Meeting Agenda — July 7, 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. 1. Water Feature Discussion: Discussed E. Public Works Department: 1. Discussion on Well 27 Right of Way: Discussed 7. Items Moved from Consent Agenda: None 8. Request for Reconsideration of AZ 08-015, RZ 08-009 and PP 08-012 for Fignut by Ronald Van Auker: Motion to Deny Request for Reconsideration 9. Findings of Fact and Conclusions of Law for Approval: AZ 08-015 Request for Annexation and Zoning consisting of 15.05 acres from Ada County RUT to C -G (General Retail and Service Commercial) and I -L (Light Industrial) zones for Fignut by Ronald Van Auker — west side of South Locust Grove, north of East Overland Road and south of 1-84: Approve 10. Findings of Fact and Conclusions of Law for Approval: RZ 08-009 Request for Rezone of 1.69 acres from C -G (General Retail and Service Commercial) to I -L (Light Industrial) zone for Fignut by Ronald Van Auker — west side of South Locust Grove, north of East Overland Road and south of 1-84: Approve 11. Findings of Fact and Conclusions of Law for Approval: PP 08-012 Request for Preliminary Plat approval consisting of 6 non-residential building lots and 1 other lot in a proposed C -G and I -L zoning districts for Fignut by Ronald Van Auker — west side of South Locust Grove, north of East Overland Road and south of 1-84: Approve 12. Public Hearing: RZ 09-002 Request for Rezone of 10.13 acres from R-8 (medium density residential) to TN -R (traditional neighborhood residential) zone for Crossfield by Pride, LLC — south side of W. Ustick Road and west of N. Blairmore Way: Continue Public Hearing to July 14, 2009 Meeting 13. Executive Session per Idaho State Code 67-2345(1)(f) — (to consider and advise its legal representatives in pending litigation) & Q) To engage in communications with a representative of the public agency's risk manager or insurance provider to discuss the adjustment of a pending claim or prevention of a claim imminently likely to be filed. The mere presence of a representative of the public agency's risk manager or Meridian City Council Meeting Agenda — July 7, 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. insurance provider at an executive session does not satisfy this requirement. Adjourn at 9:11 P.M. Meridian City Council Meeting Agenda — July 7, 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 July 7, 2009 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, July 7, 2009, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, Brad Hoaglun, and David Zaremba. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Warren Stewart, Jeff Lavey, Bill Johnson, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I'll go ahead and call this meeting to order. Thank you for being here this evening. For the record it is Tuesday, July 7th, at 7:00 o'clock. I'll start tonight's meeting with roll call attendance Item 2: Pledge of Allegiance: De Weerd: Item 2 is the pledge of allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Randy Cook with Meridian First Baptist Church: De Weerd: Item 3 is our community invocation. Tonight we will be led by Pastor Randy Cook. He is with the Meridian First Baptist Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for being here. Cook: Thank you. Heavenly Father, we thank you for the many ways that you have blessed us individually and especially this time of year as we think of our nation. We thank you for the good work and the foundation that was laid by our founding fathers. Thank you for that experiment in democracy which has served us so well for so long and thank you for an opportunity tonight for these public servants who continue in that train. Thank you for their dedication to the task, thank you for the time and energy that they have expended to do a good job. May it be honoring to you and may it be helpful to the citizens of this city and we thank you so much for the progress that is evident all around us and just ask now that you would guide in their thinking and their discussions, Meridian City Council July 7, 2009 Page 2 of 23 may they think clearly and express themselves precisely and may this meeting go well for your honor and glory. Thank you in Jesus' name, amen. De Weerd: Thank you so much. Have I given you a City of Meridian pin? Cook: Not yet. De Weerd: Then I give this to you for joining us this evening and I think I'll maybe give you two of them, so your wife, who also earned it, can have one. Cook: We will wear it in pride. Thank you. Item 4: Adoption of the Agenda: De Weerd: Thank you. Item No. 4 is adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: A couple of modifications to make to the agenda. On the Consent Agenda, Item 5, number K is being withdrawn, so that's not on the Consent Agenda for tonight. Under Department Reports, Item 6-A-1, the resolution number is 09-674. Under regular business, Item 12, there has been a request to continue that to our regular meeting next week, July 14th. And those are the only changes. With that I move we adopt the agenda as changed. Hoaglun: Second. De Weerd: I have a motion and a second to approve the agenda as changed. All those in favor say aye. All ayes. Motion carnes. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of June 16, 2009 City Council Workshop Meeting: B. Approve Minutes of June 23, 2009 City Council Regular Meeting: C. Sanitary Sewer and Water Easement Agreement for Trade Plaza No. 1 by Trade Plaza Subdivision Development, LLC: D. Temporary License Agreement with Flatbread Community Oven, Inc. for Patio: Meridian City Council July 7, 2009 Page 3 of 23 E. 2009 SRO Contract: F. Approval and Award of Contract for City Hall Security Cameras and Installation with APEX Intearated Security Solutions for $34,350.00: G. Additional Services No. 1 with JUB Enaineers for Ten Mile Road — Franklin Road to Cherry Lane Improvement Project in Conjunction with ACHD Project Number 504003 for $6,451.00: H. Task Order No. 10008 with HDR Engineering. Inc. for Heroes Park Pond Liner Replacement & Reclaimed Water for $37,957.00: I. Contract with A.M.E. Electric. Inc. for PRV SCADA Installation for $55,955.00: J. Initial Point Gallery Acceptance Agreement - Joni Fre K. Memorandum Agreement Amendment to Collective Labor Agreement between the City of Meridian and Meridian Firefighters I.A.F.F. Local 4627 for Wage Schedule from October 1, 2009 Until September 30, 2010: L. License Agreement and Usage Fee with Union Pacific Railroad for Use of Right of Way for $3,480.00: M. Amendment to Development Agreement: MDA 08-008 Request to modify the Development Agreement for Knight Sky Estates by Sea to Sea, LLC — 6555 North Linder Road: De Weerd: Item 5 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: As previously mentioned, Item K is being removed. The Consent Agenda ends with Item M as in Mary, and with that I move we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest. Hoaglun: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, if there is no discussion will you, please, call roll. Meridian City Council July 7, 2009 Page 4 of 23 Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Mayor's Office: 1. Resolution No. Reappointment of Carol Hanes to Historic Preservation Commission: De Weerd: Item 6 under Department Reports. Council, you do have a resolution in front of you for the reappointment of Carol Harms for the HPC. She has served the HPC for a number of years, has been a contributing member, and it is with the Commission's blessing and that of my own that I bring this to you tonight and ask for your approval of this reappointment. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Resolution 09-674, the reappointment of Carol to Historic Preservation Commission. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Police Department: 1. Byrne Grant Memorandum of Understanding: De Weerd: Item B. In front of you, you do have a memorandum from our esteemed chief of police and he is with us tonight, so I'll turn this over to him. Lavey: Madam Mayor, Council, in front of you is a memo that I prepared earlier today and just highlights the reason why I'm here today. And as you recall, several weeks ago Meridian City Council July 7, 2009 Page 5 of 23 I was in front of you asking for the Mayor's signature on a memorandum of understanding for a Byrne grant and there is some additional funds that have come to light and are available to the city. The previous one was 133,000 dollars and this one that we are talking about today is an additional 33,000 dollars in funds and what I'm asking today is for your approval and the Mayor's signature on the Memorandum of Understanding that I believe either the clerk has or it might be in front of the Mayor by now and, basically, what we are going to do is attach these monies with the rest of the monies and upgrade our record management system. And I have kind of highlighted that process in front of you, the amount of money that we are facing, the reasons for it, as far as sharing of key information, making it a more user friendly system and that's what I'm here for today. And with that I will take any questions. De Weerd: Thank you, chief. Any questions from Council? Bird: I have none. Rountree: No. De Weerd: Okay. Thank you. Lavey: Thank you. De Weerd: Council, I would need a motion. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve the Memorandum of Understanding for the Edward Byme Justice Assistance Grant and authorize the Mayor to sign and the Clerk to attest for an amount not to exceed 100,000 dollars. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion Carried. MOTION CARRIED: ALL AYES. C. Planning Department: 1. Sign Ordinance Update: Meridian City Council July 7, 2009 Page 6 of 23 De Weerd: Item 6-C is our Planning Department to discuss the sign ordinance update. Friedman: Thank you, Madam Mayor, Members of the Council. There are a couple of things I wanted to discuss with you tonight. The first has to do with temporary signage and sign permit limitations currently placed on those and, then, the second one is an update on schedule for the entire sign code update. So, with your permission I think I'd like to address the temporary signs first. We have had some communication in the last few weeks regarding the present time limitations that we place on temporary signs. Currently you can -- or a business owner can apply for a temporary sign in segments of 15, 30, 60, or 90 days, but the total amount of time that a temporary sign is allowed to be erected within a given year by a business is 90 days. And there has been some concern raised that given some of the tough economic times we are in, that it is not favorable to business to have those signs removed in 90 days and so there was the thought on how the city might be able to provide some relief to that code requirement. We've talked around upstairs while we have also been working on the draft sign code and we have a recommendation to you that would require a UDC text amendment and that would be to, essentially, double the amount of time that a temporary sign could be erected within the city to a maximum of 180 days. That would also pretty well coincide with the schedule that we are on right now for drafting and processing and deliberating a new sign code. So, that would be the first recommendation that we would have for you and I have outlined it on your screen up there. The second one would be to, essentially, remove the time limitation all together, but still require a permit for tracking purposes. Our concern with that is you remove the time limitation even for a temporary period of time, not knowing, of course, how the sign code is going to be drafted and it might be tough to get that Jeanie back in the bottle if people get used to being allowed to have temporary signs up indefinitely. But we still believe that if that's the direction Council chooses to go, there should be a permit system for that, so we can at least track them -- track the ones that are out there. I think in either case you're probably going to see an increase in the number of temporary signs in the city. So, those are our recommendations regarding the temporary sign interim measure and, then, they will be addressed in more detail in the full sign code update, which I will move onto when we finish this topic. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Pete, my preference would be not to put a time limit on it, but also I think you're a hundred percent right, they should have to get a permit, so we can track and make sure they are a decent sign. We don't want something, you know, just slapped up. So, I would be in favor of that. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Meridian City Council July 7, 2009 Page 7 of 23 Rountree: Pete, with the 180 days, if that's the direction we go, would that ultimately be reflected in the revised sign ordinance or would we move back to the 90 days? What are your thoughts there? Friedman: Madam Mayor, Council Member Rountree, Council Members, I can't answer that question, because I have not been involved in drafting of the sign code. I can find that out for you. Anna put this together today. I know she's been working intimately involved with that code. So, I'm not sure where they are going right now with temporary signs on that. De Weerd: I guess, Mr. Rountree, it would need to be part of a public hearing process. You know, this is just temporary and I feel that if Council believes it's the direction to go, as long as it's temporary we can move forward with it, without all of the public hearing processes, because there is always multiple angles and multiple sides to these kind of issues that I think by state code you should, when you change ordinance, you need to have that opportunity for public comment. Rountree: Madam Mayor? De Weerd: Yes. Rountree: If it is temporary in nature, what's the time window? Friedman: Madam Mayor, Council Members, either -- either direction you choose -- if you choose to amend, the present code stills requires a public hearing from planning and zoning and a recommendation to you. If we have some direction tonight, we -- in order to get on the August 6th hearing we can get into the clerk's office by Thursday, get an application in, have a hearing on August 6th before P&Z and probably bring it to you first meeting, second meeting in September. That's for the temporary fix that we are looking at. And, then, when -- I can give you an update on the overall sign code. I have got a schedule -- full schedule laid out on that for you. Rountree: Madam Mayor? De Weerd: Yes. Rountree: My real question was -- though I would have asked that as well, Pete, but what's the duration of the temporary nature? Friedman: We are hoping the schedule that we have prepared for the sign code update is looking at December 28th adoption of a new sign code, so -- Rountree: So, it would be in effect until then? Friedman: Yes. Meridian City Council July 7, 2009 Page 8 of 23 Rountree: Okay. And to the two solutions you suggested, I would favor the 180 days. It seems to me if you don't have a limit, then, it's a permanent sign. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I support that as well. I was on the committee that wrote the code that was adopted with the UDC, although there have been some adjustments made to it since then. But we clearly intended to have a distinction between temporary signs and permanent signs and having a sign plan for large developments kind of gets lost if there is no time limit on the temporary signs. So, my instinct is to stick with the 90 day time period, but I understand the temporary current need to be flexible in that and I could support the 180 days. But I would not be in favor of waiving that time limit entirely. De Weerd: Okay. Any other comments from Council? Pete, do you have direction to move this process forward? Friedman: Madam Mayor, we do. We will submit our application to the clerk on Thursday for transmittal and we will aim to have it -- this language before Planning and Zoning for hearing in August and, then, onto you in September. De Weerd: Thank you. Can you outline the process and get that to Council for their reference? Friedman: Certainly. De Weerd: Okay. Thank you. Okay. Friedman: Madam Mayor, Council, the second item related to signs now is the schedule that we have laid out for the amendment to the -- to the sign code. Anna, Christie, and Emily have been working on it in earnest for some time now and as you can see they are closing in on what they feel will be the final rough draft that will be submitted to the Mayor for discussion of committee recommendations. We are looking at having a rough draft fully prepared by the 21st of this month, setting an initial committee meeting, of having meetings through August and September, submitting the sign code amendment, follow through the process, hopefully, with a hearing on November 5th of this year, bringing the recommendation to Council -- Mayor and Council on the 1 st of December and, then, planning on hearings between the first week and the latter part of December for additional hearings if necessary with a target date for adoption of December 28th. De Weerd: Thank you. Any questions from Council? Rountree: No. Meridian City Council July 7, 2009 Page 9 of 23 Bird: None. De Weerd: Okay. Thank you, Pete. Friedman: You're welcome. D. Purchasing Department: Water Feature Discussion: De Weerd: Item 6-D is our Purchasing Department. Keith. Watts: Good evening, Madam Mayor and Council Members. Tonight I want to discuss with you the water feature stone replacement for the canal and the river waterfall features out front. I had asked Steve Christensen from LCA to be there, he had double booked tonight and apologized. He did send me some narrative, which we have discussed with him in the past. One of the main things I want to do is bring up a sample tonight and let you take a look at it. I'll set it up on the dias in just a second of what they have come up with. In Steve's notes that he sent us they do state that the original specifications called for 5,000 psi concrete mix. After field review and discussion with the subcontractor, LCA has come to the conclusion that it was probably best that we go with a 3,500 for the reasons stated in his memo that has just been passed out. They have added an integral waterproofing element to the mix and we had two samples made for us. The first one they ran with a gray concrete mix and the coloring did not come out as we would have hoped. It had a lot of gray in it -- I will show you both of those samples. And, then, they used a white Portland cement to mix the second time and it looks much more like the color that we have out front. The cap placement, they are proposing that a smooth surface concrete block -- it won't have the split face, which is believed to be flaking and crumbling of the stone as it is out there now. The original specification also called for gray, not the yellow mix that we got and the contractor is asking for the city to pay for the coloring if we wished to do so again, rather than producing the gray and the as of for the yellow color is 4,133 dollars if we choose to go with yellow. We just -- or I just assumed that you would want to stick with what we were accustomed to and we are used to out there. The original design there was just making it match the seating throughout the amphitheater and the front seating around the two main ponds. With that I'll bring this sample up and let you take a look at it and answer any questions you may have. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Keith, don't leave yet. On the -- on the color how did it tum out yellow to start with? Meridian City Council July 7, 2009 Page 10 of 23 Watts: It was just suggested by -- I'm not sure if it was Petra or LCA that the color was added to the stone to make it match the building and the contractor agreed to do it at no additional charge. This was way after the bids had already been opened and awarded. Bird: We didn't pay anything extra for it at that point? Watts: We did not, sir, no. Bird: The original specification called for 5,000 -- Watts: Correct. Bird: -- psi and now they want to put 3,500 psi in place of it? Watts: That is correct. Bird: And I do understand why they want to do. But I -- they are -- they are replacing it not because of the city's fault. Watts: None whatsoever, sir. Bird: So, what they are replacing should be replaced with like material and I mean that's color. We allow the 3,500 psi, but the like color. I don't know how the rest of these guys feel, but I think that color is an attraction to that water feature and I don't want to see a dull gray out there. Hoaglun: Madam Mayor? Bird: And I don't want to pay extra. De Weerd: Yes, Mr. Hoaglun. Hoaglun: Question for Keith or Pete. That change from the 5,000 to 3,500 psi concrete, I'm sure there is a savings for them in that change and it sounds like the 3,500 will be adequate for its purpose. But with that change and the savings I think that cost, as Councilman Bird pointed out, we want what we have, but without the problems. So, I think that might be something that would work. Watts: Excuse me, Mr. Hoaglun. I do believe that I could discuss it with all the parties involved. I don't think the original contractor will take all that difference, but I would hope that between LCA and Petra and the contractor they could work something out between the three of them that we move forward with, if that's your recommendation. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council July 7, 2009 Page 11 of 23 Rountree: My comment is that we have what we have and it didn't work. That's what we agreed to. We have what we are going to get in kind that will work. Now, whether it's 3,500 or 5,000 psi, I don't know what else we are going to have in the way of add mixture, but they got to be real careful with air entrainment and all those kinds of things and I would hope that the specifications that are finally agreed upon are run through probably a test lab to make sure that we don't get spawing and cracking, bleeding of the color and all of the kinds of things that we have already put up with once and that we don't need to put up with again. And in my opinion it's -- they fix it and they fix it right at no cost to the city. Watts: Yes, Mr. Rountree. I would also like to remind you that when this was originally constructed, neither the architects nor the construction manager remembered to get a sample before they let them put this into the building. So, there were no -- no samples brought to them, as with every other project that we have put into the building, it got missed. I'm afraid that's probably where their process control and their reliability went down. De Weerd: Well -- and they set the trend. Bird: That's right. De Weerd: I mean the first time they let it go by and go by and go by and go by. I mean it's -- it became the practice and they set that up. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And, Keith, I also believe that we should have at their cost an independent test lab, not one that they pick. Watts: Yes, sir. Tom Johnson from the Public Works Department actually took it upon himself and we did go to an independent inspector and testing facility this time. We used our own instead of theirs. Bird: Okay. With the sample that they provided. Watts: Correct. Bird: Okay. Watts: We will verify this with LCA and make sure that they sign anything off before anything happens and I will ask that LCA be responsible for the process control and the liability of the new product. I'd like to bring it up and let you take a look at it. I took it out and set it out there a couple days ago and it doesn't look too bad, actually. Meridian City Council July 7, 2009 Page 12 of 23 De Weerd: We'll let Mr. Bird test it. Rountree: Don't drop it on your toe. Zaremba: That's the test, isn't it? Drop it on your toe? Bird: I think it's great. I like the color, but -- De Weerd: That's nice. Bird: -- I absolutely don't want gray. Watts: The first sample they gave us had a rounded edge and I think that's probably what we should have. Bird: That's not hard to do, though. Yeah. I like that edge. Rountree: I don't know that it needs to be on the side, but, yeah, I think that would be -- yeah. Watts: Here is a sample of that color. It does match fairly closely what's out there. Bird: Better than that thing you got in your hand. Watts: Yeah. And this is the first yellow stone. Rountree: It's been a few years ago, but prices have come down quite a bit, but color in concrete at ten cents a foot is down, so that 4,000 dollars seems rather extraordinarily high to me. Bird: They are just trying to get some of that material that -- Watts: I'm through the contractor asking for it. I was surprised that I did not get an offer from LCA or Petra to step up and take charge of that, since it was -- De Weerd: What did you say? You were surprised? Watts: Well, I guess I just -- Bird: Better not go any farther. De Weerd: Yes. Anything further, Mr. Watts? Watts: No. Nothing. Meridian City Council July 7, 2009 Page 13 of 23 De Weerd: Okay. Watts: Oh, I do have one more thing. I'd like to let you know that Tom Johnson did have a final walk through with Petra and LCA on the exterior of the building Friday. We have a verbal sign off of all the exterior punch list items. I still don't have it in writing, but it should be coming shortly. Bird: I heard that about six months ago. De Weerd: You have a verbal punch list? Watts: Well, a verbal okay. They walked the building, everything that was on the punch list was actually checked off this time and completed and I'm just waiting to get an official letter from Petra saying that it actually took place. De Weerd: Okay. Thank you. Council, any further questions? Bird: I have none, Mayor. De Weerd: Thank you very much, Mr. Watts. Watts: Thank you. E. Public Works Department: 1. Discussion on Well 27 Right of Way: De Weerd: Okay. The last item under Department Reports is our Public Works Department. Warren. Stewart: Madam Mayor, Members of the Council, this is just for informational purposes, I guess, bringing this forward. Actually, at a future date if there is a purchase agreement made, that purchase agreement will come before you for your approval. We wanted to provide you with some information. This is in regards to our well lot for well number 27 on Ten Mile Road. About a year ago it's my understanding that the city purchased that well lot and now as a part of the Ten Mile project -- widening project ACHD wants to acquire a portion of that lot for right of way purposes. Just to let you know, we did know that that right of way take was going to occur or that they were going to request that when the well lot was purchased, so the well lot was purchased of adequate size, so that even with the right of way take there is plenty of room for our well and our facilities there. Just a few other issues, I guess, that there is a concern, which is up for I guess you guys to decide whether or not there should be -- ACHD should be purchasing that lot or whether the city should donate that. I believe it's ACHD's position that those -- in these kind of situations that municipalities generally, you know, grant that or donate that right of way. That's entirely up to you, but we wanted to let you know that there is adequate room for our facilities, even after that right of way taking -- takes Meridian City Council July 7, 2009 Page 14 of 23 place. The right of way take that they are requesting -- our property line -- the description for our property actually goes to the center line of the road and that -- so, they, essentially, have a prescriptive right of way across part of our property anyway and so the right of way take that they are asking for, a portion of that is already prescriptive right of way, the rest of it would be actually land that's outside of the prescriptive right of way. And I guess with that I would certainly answer any questions that you may have with regards to that. De Weerd: I guess, Warren, my question, too, is in -- in the case where it's an ACHD road project and they have to disturb our facilities as part of that process, we have to pay for it. Stewart: You're talking about the utilities in the road like water and sewer lines. That is, in fact, correct. ACHD's opinion is that we are a guest within their right of way and that if they need to have our facilities relocated because they are either lowering the road or putting in storm drain systems or whatever, that it is our responsibility to move our facilities at our cost. So, there is some -- an issue here that we are granting them the right of way and giving it to them or if we decide to do that, we would be gifting them the right of way and, then, they would consider us a guest within that right of way and we would have to move our facilities if -- if they needed us to move them and it would cost -- we would have to pay for the relocation of our water and our sewer infrastructure if that was necessary. De Weerd: And that would be my concern. Stewart: Yeah. And certainly, you know, it seems to be one way a little, but we wanted to bring these issues forward for your consideration as we move forward and try and come up -- ACHD certainly wants to acquire the right of way and what type of agreement you eventually decide to strike with them will eventually come before you, but these are some of the issues that we probably should consider. De Weerd: Council, any questions, comments? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: You know, part of me says make them pay, but, in reality, I think we ought to be above that. I can see us allowing them to use the right of way and ultimately donating it, but I would like to make sure that the record is clear and I would like them to bear all of the costs of the surveying work involved, the lot descriptions that need to be written, the filing in the courthouse of all the legal descriptions and lot descriptions, so it's clear that it becomes their right of way. I would also like to make sure that we have adequate access. I like to see the whole frontage of that lot have curb cut. We don't ever know when we have to either go in and totally rebuild or repair that well and one curb cut might not be sufficient to handle getting a drill rig in there or get any other kinds Meridian City Council July 7, 2009 Page 15 of 23 of rigs in there to do the work. So, I would want our accommodations for care and maintenance of that site, you know, including the roadway and the adjoining sidewalk. I would also like to see the ACHD have to pay for the fencing that would be required and any sidewalk facilities that would be -- that there would be no question that that would be part of the transaction. And none of that comes cheap. There would be an expense to them. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would agree with Councilman Rountree. It seems to me it's appropriate the city should donate the land part of -- that they need, but if they were having to buy the property from a private owner, they would pay all of those expenses that President Rountree mentioned. What they are saving here is the cost of the land and I'm happy to do that, but I think they should pay the other expenses. Stewart: Madam Mayor, Members of the Council, one thing that -- there is one issue that Councilman Rountree brought up and that is the access. One of the things that we did acquire, just as a matter of consideration, we were able to obtain from ACHD two access points to this lot, which is not generally in their policy to allow us to do that and they did grant us two accesses and it actually is shown on their construction drawings for the Ten Mile improvements that we have two accesses into the property, so -- Rountree: That's good. Stewart: -- that's one thing to consider. De Weerd: Were those accesses agreed by planning? We are trying to eliminate accesses, not gain more. Stewart: I don't know whether or not that took place. I know that the reason we did that was because of the big drill rig issue being able to get these big pieces of equipment in and out and there is not really people coming in and out of the lot generally. Rountree: It's not a traffic generator, it's when you have to get something in there to do heavy maintenance or actually pull the well, you got to be able to get big trucks in there. De Weerd: Okay. As long as we remember that for the next argument from an applicant with the same issue. Yes, Mr. Hoaglun. Hoaglun: I just want to comment, we just -- I agree with what's being said here and the fact to get ACHD to cover those costs, the surveys and everything, but if we make sure we have a good enough paper trail, so when ACHD comes back for some other issue wanting us to contribute, we can use this as an offset of costs -- look, we have provided Meridian City Council July 7, 2009 Page 16 of 23 this, we might as well -- maybe we can use that to offset the cost somewhere else that they want us to pony up, so, you know, it becomes usable. Rountree: Madam Mayor, to your concern, when an applicant comes in here and says to me their traffic volume is going to be one vehicle a day or less on average, I might consider more accesses. But I don't think you're going to see that and I think that's probably more than we will see on this site. It's going to be monitored from telemetry -- the only time people will be in there is if it's some kind of a service call. De Weerd: Well, good. I just don't want to set something that -- what is that parent thing, do as I say, not as I do. Okay. Do you need anything from us further than this discussion? Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Madam Mayor, Members of the Council, a couple of things. We will take the direction that Council had -- there was a draft agreement that Mr. Baird had had in discussion. I think Kyle had worked that out with ACRD, but some of these other issues I'm not sure if the issues curb and curb cuts are included. I know Warren's correct, there were two access points that were granted. So, we will make sure that those are in the agreement. You will, then, get a resolution in front of you. We have to have a public hearing or a public notice for a hearing to give property away and so since we are giving this property, we have to give 14 days notice. So, you'll see a couple more pieces of paper come in front of you about this before we finalize that, but I will talk to Mr. Baird and we will talk with ACHD to make sure the issues of whether future issues are something that wants to be in the agreement or whether we have to just make sure that it's clear about the curb and gutter and those kinds of things that are taken care of. So, there is no additional cost to the city, besides the moving of the utilities. We will get that taken care of. Rountree: Madam Mayor, question for Bill. Those additional bits of process, there are filing fees and notice fees and those sorts of things. Can we get around those by a nominal sale price of a dollar or do you still have to go through that process? If we have to outline money for that, I think that ACHD should bear those costs as well. Nary: We can have that discussion with them, Council Member Rountree, on how we want to take care of that, because there are costs to us even to notice. Rountree: Yeah. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. Thank you. There were no items moved from the Consent Agenda. Meridian City Council July 7, 2009 Page 17 of 23 Item 8: Request for Reconsideration of AZ 08-015, RZ 08-009 and PP 08-012 for Fig -nut by Ronald Van Auker: De Weerd: Item No. 8 is a request for reconsideration of AZ 08-015, RZ 08-009, and PP 08-012. Council, you have a letter of request in your packet. Do you have any questions or any discussion on this item? Hoaglun: Madam Mayor, I have got a question and I don't know if I should direct this to Pete or who, but cross -access, there is still some things I'm on a learning curve on and the few times we have dealt with this cross -access it has been for lots that have been in the middle of a section or an area and I'm trying to think if I have ever dealt with one that's at a corner and I'm trying to think how that fits -- and, Pete, I don't know if you're the right person to ask this or not. How does a cross -access work on a comer where they -- that particular lot, as they have here, has access in and out -- is that cross - access more for the property adjacent to that core lot? Where is the benefit? How does the traffic flow work. I can see it in the issues we have dealt with on Fairview Avenue where it's in the middle and we don't want traffic to go -- if they are going from point A to point B and they are right next to each other, they have to cross the traffic, come across and, then, cross again. In my mind that's perfectly valid and I completely understand that. But a corner lot I'm trying to figure it out a little more. Can you help me with that a bit? Friedman: Yes, I can, Madam Mayor, Council Member Hoaglun, Council Members. In this particular instance, if you could picture the Maverick store there on Locust Grove and Overland. So, coming from the north you have a right -in only and a right -out only onto Locust Grove. Similarly, on Overland it's a right -in from Overland and a right -out from Overland. The intent was that the property to the north you will have another local street in there. If someone per chance wanted to go from the Maverick store to another enterprise located within this subdivision, they would have to go back out onto Locust Grove, go around the comer onto Overland and, then, back in to the interior portion of the development, as opposed to being able to merely go north through a cross -access and, then, transfer to one of those lots into the interior of the subdivision and, then, access the public road to go to Bird Dog or whatever it is to go out. I don't have -- I can certainly find -- or look for other examples on comer lots, if you would like me to. None come to mind right now. Hoaglun: Okay. Madam Mayor. Pete, just to follow up, then. I was trying to picture -- if I remember correctly on their application that a person could go out on Overland -- everything could be done in right turns without having to go across -- cross the road to go across traffic, but I could be wrong on that is -- didn't they have an access point on Overland, as well as Locust Grove? Friedman: Yes. The Maverick has two access -- two right -in, right -out and right now it's physically impossible to take a left tum, for example, out onto Locust Grove, because now there is a median at Locust Grove and I don't believe you can make the left out onto Overland. I don't frequent it enough to be able to tell you that. Meridian City Council July 7, 2009 Page 18 of 23 De Weerd: It's right -in, right -out. Friedman: Yeah. Hoaglun: Right -in, right -out. And, Madam Mayor, Pete -- and what I was thinking of is if a person was in the development and wanted to go to the Maverick, you could come out on Locust, tum right -- not have to cross traffic, turn right into Maverick. If you came out on Overland you tum right and, then, turn right back into the development. Mentally I want to make sure they aren't having to cross traffic, which is -- which is what we are trying to prevent with this cross -access deal. Friedman: That's correct. And, Madam Mayor, Council Members, it was also anticipated there would have been a shared driveway on that property in line originally was the intent during the whole discussion on the Maverick when it was annexed also. Hoaglun: Thanks, Pete. Appreciate it. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: It comes to mind the Walgreens on the comer of Overland and Meridian. They didn't want to have cross -access or cross -parking, any of that, and we did insist on in it there for pretty much the same reason, so people could circulate among other stores that would be on adjacent properties and that's been our principal throughout the city for the last four or five years at least and maybe longer, that cross -access is important and required. I think we need the cross -access. You touched on that shared driveway and did it not tum out to be a shared driveway? Did it move or did you find out whether Maverick is required to provide -- Friedman: Madam Mayor and Council Members, in fact, there is an existing cross - access agreement that was recorded as a condition of the Conditional Use Permit for the Maverick. Zaremba: I thought so. Yeah. Friedman: And so we did the research for that and that was pretty much the impetus for the request. We, in following the motion, we did research the records and discovered that there was a requirement of the Conditional Use Permit for the Maverick through prior cross -access to the property to the north. We informed the applicant of that and they were not happy with that news and that's -- that was the impetus for the request for the reconsideration. Rountree: Madam Mayor? Meridian City Council July 7, 2009 Page 19 of 23 De Weerd: Mr. Rountree. Rountree: We are dealing with the same owner, the applicant for Fig Nut, as well as the owner of the Maverick property. They have already agreed to a cross -access agreement at the Maverick site. To me it's a moot point. Friedman: Madam Mayor, Council Members, there is actually a recorded easement -- or cross -access easement. Rountree: Cross -access -- Friedman: We have a -- Zaremba: Given by Maverick -- excuse me, Madam Mayor. Given by Maverick, but not given by the adjacent property owner -- or not -- Friedman: It was actually signed by Mr. Van Auker. Zaremba: Okay. Friedman: And whoever the partners are, who I believe is Maverick. Zaremba: Okay. Rountree: Madam Mayor, it appears to me that even if we were to reconsider this item and change our opinion, there is already a recorded agreement in place that the cross - access would happen with the same owner. So, I think we are in a spot where -- Zaremba: It satisfies me. Rountree: -- where we move forward with the other three items and not reconsider that item. De Weerd: Okay. Rountree: However, I suppose you could take that condition out of the application, since it's already been taken care of with the previous approval. Zaremba: Madam Mayor, I would be inclined to leave it there. Just not to give any opening for somebody to come back and try and change it. Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we deny the request for reconsideration for Item 8. Rountree: Second. Meridian City Council July 7, 2009 Page 20 of 23 De Weerd: I have a motion and a second. Mr. Nary, I guess just a question. Do we need a motion to deny? Nary: Madam Mayor, yes, you do. De Weerd: Okay. Thank you. It's been awhile. Okay. I have a motion and a second to deny the request for reconsideration on Item 8. Does it need to be a voice vote or roll call? Nary: Madam Mayor, yes, roll call vote. The reason you have seen less is once we put an ordinance in place nobody asks anymore, so that's why we don't get very many of these, so -- De Weerd: Okay. Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 9: Findings of Fact and Conclusions of Law for Approval: AZ 08-015 Request for Annexation and Zoning consisting of 15.05 acres from Ada County RUT to C -G (General Retail and Service Commercial) and I -L (Light Industrial) zones for Fignut by Ronald Van Auker — west side of South Locust Grove, north of East Overland Road and south of 1-84: Item 10: Findings of Fact and Conclusions of Law for Approval: RZ 08-009 Request for Rezone of 1.69 acres from C -G (General Retail and Service Commercial) to I -L (Light Industrial) zone for Fignut by Ronald Van Auker — west side of South Locust Grove, north of East Overland Road and south of 1-84: Item 11: Findings of Fact and Conclusions of Law for Approval: PP 08-012 Request for Preliminary Plat approval consisting of 6 non-residential building lots and 1 other lot in a proposed C -G and I -L zoning districts for Fignut by Ronald Van Auker — west side of South Locust Grove, north of East Overland Road and south of 1-84: De Weerd: Okay. Items 9, 10 and 11 are the Findings of Facts on this application. Do I have a motion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council July 7, 2009 Page 21 of 23 Zaremba: I move we approve Items 9, 10 and 11, the Findings of Facts for AZ 08-015, RZ 08-009 and PP 08-012. Rountree: Second. De Weerd: I have a motion and a second to approve Items 9 through 11. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: RZ 09-002 Request for Rezone of 10.13 acres from R-8 (medium density residential) to TN -R (traditional neighborhood residential) zone for Crossfield by Pride, LLC — south side of W. Ustick Road and west of N. Blairmore Way: De Weerd: Item 12 is a public hearing on RZ 09-002. 1 will open public this public hearing. It has been requested to continue to July 14th. I would entertain a motion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: 1 move that we continue Item 12 until July 14th, 2009. Bird: Second. De Weerd: I have a motion and a second to continue Item 12. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 13: Executive Session per Idaho State Code 67-2345(1)(f) — (to consider and advise its legal representatives in pending litigation) & 0) To engage in communications with a representative of the public agency's risk manager or insurance provider to discuss the adjustment of a pending claim or prevention of a claim imminently likely to be filed. The mere presence of a representative of the public agency's risk manager or insurance provider at an executive session does not satisfy this requirement. De Weerd: Item 12 is an Executive Session -- Meridian City Council July 7, 2009 Page 22 of 23 Zaremba: Thirteen. De Weerd: -- per Idaho State Code 67-2345(1)(f) and (j). Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we go into Executive Session as per the state code, 67-2345(1)(f) and (1)(J). Rountree: Second. De Weerd: Madam Clerk, I have a motion and a second. Will you, please, call the roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Friedman: Madam Mayor, Council Members, before you adjourn, if I might inject something. I have -- if either the Mayor or any of our Council Members are interested, some copies of the Citizens City Guide to Planning that's published by the American Planning Association. I know you're all pretty well versed in this. I don't know if you would like a copy for your library or for additional reading, since we don't give you enough to read anyway, so if you'd want one let me know. EXECUTIVE SESSION: Bird: I move we come out of Executive Session. Rountree: Second. De Weerd: All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Bird: So moved, Mayor. Hoaglun: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: ALL AYES. Meridian City Council July 7, 2009 Page 23 of 23 MEETING ADJOURNED AT 9:11 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) '7 MAYOR T de WEERD DATE APPROVED t��Aakialliii4y11 r` .k C SEAL J� EE LMA CITY CLERK Cbo July 2, 2009 MERIDIAN CITY COUNCIL MEETING July 7, 2009 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of June 16, 2009 City Council Workshop Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. July 2, 2009 MERIDIAN CITY COUNCIL MEETING July 7, 2009 APPLICANT ITEM NO. 5-B REQUEST Approve Minutes of June 23, 2009 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: 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. July 2, 2009 MERIDIAN CITY COUNCIL MEETING July 7, 2009 APPLICANT ITEM NO. S -C REQUEST Sanitary Sewer and Water Easement Agreement for Trade Plaza No. 1 by Trade Plaza Subdivision Development, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shah become properly of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ; BOISE IDAHO 07/13M 11:33 AM DEPUTY Bonnie Oberbll RECORDED -REQUEST OFF III Illlll11111HIM 11liillllfill 11 1111 Meridian Clay 109082036 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this Y day of duim— , 20 ari� between xe.,SAw. L` -c 4 20ArW VW -f , the partid of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT.S&W (2 signatures).doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Sanitary Sewer and Water Main Easement EASMT.S&W (Z signatures).doc GRANTOR: Trade Plaza Subdivision Development, LLC STATE OF IDAHO ) ) ss County of Ada ) IDADIV Credit Union r Denay Nyes, President / CEO On this day of , 20 4d before me, the undersigned, a Notary Public in and for said State, onally appeared Robert A. Berry known or identified to me to be a member of Trade Plaza Subdivision Development, LLC, the Limited Liability Company that executed the within instrument, and acknowledged to me that such Limited Liability Company executed the same. IN WITNESS fist above wji ss VNa �O �� OF I'D,"��• STATE OF IDAHO ) ) ss County of Ada ) hereunto set my hand NOTARY Pl Residing at:. Commission my official seal the day and year FOR On this day of, 20 D9, before me, the undersigned, a Notary Public in and for said State, personally appeared Denay Moles known or identified to me to be the President and CEO of the IDADTV Credit Union that executed the within instrument, and acknowledged to me that such Credit Union executed the same. IN WITNESS WHEREO j have hereunto set my hand and affixed my official seal, the day and year XNgJj fist above written 0-00%1% 1SA 8 �riItc Soft- -+- 'i� NOTARY P IC FOR IDAHO U B L I Lr'� Residing at: u.e '�,,4jg�'."/�P�Or Commission Expires:. - sanitary sewer and water Main Easement EASMT.S&W (2 signatures).doc GRANTEE: CITY OF MERIDIAN U'001 Tammy de u ,g Attest by Jay;66 L. Holman, City Approved By City Council STATE OF IDAHO ) ss County of Ada ) F �SBAL On this day of , 20�, before me, the undersigned, a Notary Public in and for said State, personallpeared TAMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PILBLIQ FOR IDAHO Residing at: tb Commission Expires: 10-41-11 Sanitary Sewer and Water Main Easement EASMT.S&W (2 signattues).doc FOX Land Surve^ Inc. 1515 SOuth ShOshone St. A Boise, IdahO A 83705 A 20&342-7857 A 208-342-7437 FAX EXHIBIT "A" A PORTION OF THE SOUTHEAST %OF THE NORTHEAST °/4 OF SECTION 13, TowNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA CouNTY, IDAHO A Portion of the Southeast % of the Northeast '1 of Section 18, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at a found Brass Cap Monument marking the Northeast comer of Section 13, from which a found Brass Cap Monument marking the East 1/4 Corder of said Section bears South 01 °06'32" West, a distance of 2654.23 feet; A. thence along tt'te easterly boundary of Section 13, South 01 x06'32" West, a distance of 1756.89 feet to a point; B. thence North 88°53'28" West, a distance of 30.00 feet to a set 1/2 inch rebar with plastic cap stamped "FLSI PLS 12720" marking its intersection with the westerly Right -of -Way of South Meridian Road, the TRUE POINT OF BEGINNING; 1. thence along said Right -of -Way South 01 006'32" West, a distance of 15.03 feet; 2. thence S870 29'29"W, a distance of: 175.81 3. thence S1` 06'32"W. a distance of: 23.94 feet; 4. thence N88° 4928"W, a distance of: 20.00 feet; 5. thence N1 ° 06' 32"E, a distance of: 6.99 feet; 6. thence N88° 49'28"W, a distance of: 18.00 feet; 7. thence N1 ° 06' 32"E, a distance of: 5.00 feet; 8. thence N880 49'28"W, a distance of: 28.90 feet; 9. thence S1° 06' 32'W, a distance of: 135.21 feet to the northerly Right -of - Way of West Corporate Drive; 10. thence along said Right -of -Way, 887" 2929"W, a distance of: 17.03 feet to a set 518 inch rebar with plastic cap stamped "FLSI PLS 12720"; 11. thence continuing on the northerly Right -of -Way of West Corporate Drive, N89" 42' 41"W. a distance of: 3, feet; 12. thence N10 06'32"E, a distance of: 140.24 feet; 13. thence N89° 42'41'W, a distance of: 10.00 feet; 14. thence N1" 06'32"E. a distance of: 30.00 feet 15. thence S89" 42'41 "E, a distance of: 13.00 feet: 16. thence S89" 42'41 "E, a distance of: 17.00 feet; 17. thence S1 ° 06' 32"W, a distance of. 6.52 feet; 18. thence N870 29 29'E, a distance of: 242.84 feet to a point on the westerly Right -of -Way of South Meridian Road; 19.thence S10 06' 32"W, a distance of: 5.01 feet to the TRUE POINT OF BEGINNING. Containing 9,540 square feet (0.219 acres) more or less. Subject to easements and rights-of-way of record or not of record. Any modification of this description shall render it null and void. Fox Land Surveys, Inc. Kerry Albright, PLS 12720 ti, END OF DESCRIPTION OF 1,3 KRA-taj 'A 11ROM 0;20(1Y,(1')_1px,.PRJ.PR()Jtt i H.S11xus*-9ikWV111i-x%1 Ixx x �A co .68'991 C e+ b£'L69 40 �rr WX M.ZE ,so tics W 1'— m W V, rvutcro .moi/ O g,0 1 low UVOIi NVIa183W HlnOS I � ( I � I I � I I w UL I m 1 i O ! I o t 1 a I: - t w co Qr I C6 H t cv I � ! I N ! I pip I � 1 t cvn �I I l I t 039110'4—.1 S- y�y 1 6 o ao <_Z Lci g N 1 ! I I m N C! M to b 1� I Q j 11 d z �a I � YI �g � � — Q uj a 1 0 'Lou G a a N Q Zen a� Memo To: Becky Licari From: Denny Cline CC: Scott Steckline; File Date: 6/18/09 RECEIVED JUN 18 2009 CITY OFCGf CITY CLERKS OFFICE Re: Trade Plaza Subdivision No.1 Water/Sewer Line Easement Attached is a water/sewer easement for Trade Plaza Subdivision No.1 Please forward to the City Clerk to request the item be Placed on the next available City Council agenda, under Consent Agenda, for Council's consideration. Thanks... • Page 1 FROM THE DESK OF: DENNY CLINE DEVELOPMENT ANALYST MERIDIAN PUBLIC WORKS DEPARTMENT 33 E. BROADWAY AVE:.. SUITE 102 MERIDIAN, IDAHO 83642 PH: (208) 898-5500 FAX: (208) 887-1297 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this _ day of : / cry— __ , 20 c4 between A P1 -h. � Sdr...yY , e4c 4 ?oArnsv u,�.E,,,,�� , the partie of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and Hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AAD TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water -Iain Easement EASMT.S&W (2 signatures).doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within: the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Sanitary Sewer and Water Main Easement EASMT.S&W (2 signatures).doc GRANTOR: Trade Plaza Subdivision Development, LLC R YeA. Berry, Member STATE OF IDAHO ss IDADIV Credit Union Denay NYes, President / CEO County of Ada i ) On this G' da of 20 Y before me, the undersigned, a Notary Public in and for said State,Wly appeared Robert A. Berry known or identified to me to be a member of Trade Plaza Subdivision Development, LLC, the Limited Liability Company that executed the within instrument, and acknowledged to me that such Limited Liability Company executed the same. IN WITNESS fist above wmf 4f voTAR p 'A prTBIA •,��� Tg OF I,OQ.•••• STATE OF IDAHO ss County of Ada hereunto set my hand NOTARY P' Residing at: Commission my official seal the day and year FOR On this 1,;?r—l'- day of uv_t_. , 20 9, before me, the undersigned, allotary Public in and for said State, personally appeared Denay Moles known or identified to me to be the President and CEO of the IDADIV Credit Union that executed the within instrument, and acknowledged to me that such Credit Union executed the same. IN WITNESS WHEREOj have hereunto set my hand and affixed my official seal the day and year ���11i1 fit 111!1/ fist above Written. -"" SA 8(j/�1'''��.,, f a -T It *0TA'? °!hy NOTARY PU IC FOR IDAHO u B t t Residing at: J` • � 1 Commission Expires:Of Sanitary Sewer and Water Main Easement EASMT.S&W (2 signatures).doc GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by Jaycee L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO } ss County of Ada ) On this day of , 20 , before me, the undersigned, a Notary and for said Public in id State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC FOR IDAHO (SEAL) Residing at: Commission Expires: Sanitary Sewer and Water Main Easement EASMT.S&W (2 signatures).doc FOX Land Survays ,j Inew 1515 South Shoshone St. .x Boise, Idaho :, 83705 _\ 208-342-7957,1 208-342-7437 FAX EXHIBIT "A" A PORTION OF THE SOUTHEAST i/4 OF THE NORTHEAST IA OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO A Portion of the Southeast '/4 of the Northeast id of Section 18, Township 3 North. Range 1 East. Boise Meridian. City of Meridian, Ada County" Idaho. being more particularly described as follows: COMMENCING at a found Brass Cap Monument marking the Northeast corner of Section 13, from which a found Brass Cap Monument marking the East 1/4 Corner of said Section bears South 01'06'32" West, a distance of 2654.23 feet: A. thence along the easterly boundary of Section 13, South 01'0632" West. a distance of 1756.89 feet to a point; B. thence North 88053'28" West, a distance of 30.00 feet to a set 1/2 inch rebar with plastic cap stamped "FLSI PI_S 12720" marking its intersection with the westerly Right -of -Way of South Meridian Road, the TRUE POINT OF BEGINNING,- 1 EGINNING:1 _ thence along said Right -of -Way South 01=06'32'" West, a distance of 15.03 feet; 2. thence S870 29'29"W, a distance of: 175.81 feet: 3. thence S16 06' 32"W, a distance of: 23.94 feet: 4. thence N88" 49'28"W, a distance of: 20.00 feet; 5. thence N1 ° 06' 32"E. a distance of: 6.99 feet: 6. thence N88° 49'28"W, a distance of., 18.00 feet: 7. thence N 1 ° 06' 32"E. a distance of: 5.00 feet: 8. thence N880 49'28"W, a distance of: 28.90 feet; 9. thence S1° 06' 32"W, a distance of: 135.21 feet to the northerly Right -of - Way of West Corporate Drive; 10. thence along said Right -of -Way, S87° 29' 29"W, a distance of., 17.03 feet to a set 518 inch rebar with plastic cap stamped "FLSI PLS 12720".- I 1. 2720";11. thence continuing on the northerly Right -of -Way of West Corporate [)rive, N89` 42' 41'W. a distance of: 3.00 feet; 12. thence N1° 06' 32"E, a distance of: 140.24 feet: 13.fhence N89° 42'41"K a distance of: 10.00 feet: 14, thence N1 ° 06' 32"E, a distance of: 30.00 feet: 15. thence S89" 42'41"E, a distance of: 13.00 feet; 16. thence S89° 42'41 "E, a distance of: 17.00 feet; 17. thence S1` 06' 32"W, a distance of: 6.52 feet, 18. thence N870 29' 29"E, a distance of: 242.84 feet to a point on the westerly Right -of -Way of South Meridian Road: 19.thence S1 ° 06' 32" VV, a distance of: 5.01 feet to the TRUE POINT OF BEGINNING. Containing 9,540 square feet (0.219 acres) more or less. Subject to easements and rights-of-way of record or not of record. Any modification of this description shall render it null and void. Fox Land Surveys, Inc. Kerry Albright, PLS 12720 END OF DESCRIPTION KRAIai A vlzOIf(is ;ut+i rrl•n +,. ilk 1110ji, I ii':i0 is tivw•P!III tN! !X -i 6 w k -60 gqZL ,t?C'Z68 slA.ZC,90 ,tS AA.ZE,90,LS Vq CIMJ NVIO183Hinos crf z z Z LLI LL 0 z 0 a. ui 10 .10 F - co U) A X 00) 0 AMC 90—s z xi Rf 14) N�m b :7 U> N z 0 -- -t— — — — — — — — ----- — Lot Zn LL Memo To: Becky Licari From: Denny Cline CC: Scott Steckline; File Date: 6/18/09 Re: Trade Plaza Subdivision No.1 Water/Sewer Line Easement Attached is a water/sewer easement for Trade Plaza Subdivision No.1 Please forward to the City Clerk to request the item be -placed on the next available City Council agenda, under Consent Agenda, for Council's consideration. Thanks... • Page 1 FROM THE DESK OF: DENNY CLINE DEVELOPMENT ANALYST MERIDIAN PUBLIC WORKS DEPARTMENT 33 E. BROADWAY AVE.. SUITE 102 MERIDIAN, IDAHO 83642 PH: (208) 898-5500 FAX: (208) 887-1297 July 2, 2009 MERIDIAN CITY COUNCIL MEETING July 7,2W9 APPLICANT ITEM NO. S -D REQUEST Temporary License Agreement with Flatbread Community Oven, Inc. for Patio AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. {ice -M3 TEMPORARY LICENSE AGREEMENT THIS TEMPORARY LICENSE AGREEMENT (the "tlgreemcnf) is w3de and erkWed into this `1i day of June, 2009, by and between the City of Meridian, and Idaho Municipal Corporation, hereinafter referred to as "CITY, and l" iatbread Community Chen, Inc., an Idaho Corporation, hereinafter referred to as "Licensee"; WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERA"i'lON IT IS AGREED: SECTIQN 1. RECITALS 1.1 CITY owns certain real property located in Meridian City, Ada County, Idaho, more particularly described, as follows (the "Property): The South S feet of the alley tying North of Lots I-3, in Block S of the Amended Plat of the Townsite of MerPidiary as filed for record in the office of the Ada County Recorder, Doise, Idaho in Book I of the plats at page 30 lying in the SW % of Section 7, T3N, RIE, BM, City of Meridian, Ada County, Idaho 1.2 Licensee desires a license to use the Property for the purposes hereinafter set forth, and, and on tete terms and conditions hereinafter set forth, CITY is willing to extend such license to Licensm. SECTION . LICENSE: LICENSE NCJT EXCLUSIVE 2.1 On the tems and conditions hereinafter 'set forth, CITY hereby exmnds to Licensee a license on, over, across and under the Property for the following uses and purposes ("Autborized Use") and no others: Licensee to install and maintain an outdoor patio caff associated with the promises locate, at 830 N. Main Street, Suite A. Licensee shall install. and maintain a portable wrought iron fence at least four feet in height on the southerly border of the Property to separate the restaurant use from the adjacent City Park. Licensee shall maintain openings ora the west and east ends of the Property to allow pedestrian access through the outdoor patio to conned Maim Street with the Generations Playa parking lot. For purposes of this license, the Property shall not be considered to be a part of the Generations Plaza Park and will not be subject to City park modes and regulations. The approximate location of the patio and perimeter fence is depicted on Exhibit A. LICENSE AGREEMENT - Page 1 90/10 39bd ONI 0O3 LE581E680Z 6960 600Z/ZZ/90 2.2 This Agreement does not extend to Licensee the right to use the Property to the exclusion. of CITY for any use within its jurisdiction, authority and discretion. S N 3. CONSTRUCTION INSTALLATION OF QEIVIENTS. Any construction and/or installation by Licensee of improvements, including, without 1Wtation, buildings, fixtures and landscaping (the "Improvements), on, over, across and under the Property shall be accomplished in accordance with designs, plans and specifications approved in advance and in writing by CITY as required to satisfy applicable laws, its policies and good engineering practices_ In approving such plans and specifications, CITY assumes no responsibility for any deficiencies or inadequacies in the design or conshuction of the Improvements, and the responsibility therefor shall be and remain in Licence. SECTION 4. TIBM WAIVER AND B -S OPPEL. 4.1 The term of this Agreement will commence on the date of execution and will continue until terminated by either party, with or without cause, which terrain$tion shall. be effective following THIXfY (30) DAYS advance written notice of termination given the other party. 4.2 If Licensee defaults in the performance of any obligations incumbent upon it to perform hereunder CITY may terirainate this Agreement and the rights extended to Licensee hereunder at any time, effective at the end of thirty (30) days following the date CITY shall provide written notice of termination to Licensee, which notice shall 4ec4 such default(s). Licensee shall have such thiAy (30) day period to correct and cure the specified defaults, and if so corrected and cured, to the satisfaction of CITY, this Agreement shall not be terminated but shall continue in full force and effect. 4.3 Licensee acknowledges and agrees that the license granted herein is temporary, non transferable, and merely a permissive use of to Property pursuant to this Agreement. Licensee further acknowledges and agrees that it specifically assumes the risk that the license pursuant to this Agreement may be terrminatcd before Licensee has realized the economic benefit of the cost of installing, constructing, repairing, or maintaining the improvements, and Licensee hereby waives and estops itself from asserting any claim that the license is in any way irrevocable because Licensee has expended funds on the Improvements and the Agreement has not been in effect for a period sufficient for Licensee to realize the economic benefit from such expenditures. SECTION. $ SEE. There is no fee for the Licensee's Authorized. Use of the Property under this Agreement. fi C,I_ION 6. MADUN.AN+ E. FAILURE TO STAIN: REWCATION OF UTILITIES. 6.1 At its sole cost and expense, Licensee shall maintain the Improvements in good condition and repair and as required to satisfy applicable laws, the policies of CITY and LICENSE AGREEMENT - Page 2 90/Z0 3Jdd ONI OOd LE981668OZ E9:60 600Z/ZZ/90 sound engineering practices. Licensee shalll, have access over, across and under the Property for the purposes of accomplishing such repair and maintenance. 6.2 If the Property is damaged as a result of (i) the performance by Licensee of the maintenance required by section 6.1, or the failure or neglect to perform such maintenance; and/or (ii) Licensee's design, installation or use of the Improvements, regardless of cause; at its sole cost and expense Licensee shall forthwith correct such deficiency and restore the Property to the same condition it was in prior thereto, and if Licensee shall fail or neglect to commence such correction and restoration within twenty-four (24) hours of notification thereof, CITY may proceed to do so, in which event Licensee agrees to reimburse CITY for the costs and expenses thereof, including, without limitation, remonable compensation for the use of staff and equipment of CITY. SECTION 7. PERMIT. If the proposed construction and installation of the Improvements, or any reconstruction, relocation or maintenance thereof requires Licensee to obtain a permit under CITY policies, Licensee shall first obtain such permit from CITY before commencing such work, and pay the required fees and otherwise comply with the conditions set forth therein, .SECTION 8. NO..TITLE IN LICENSEE. Licensee shall have no right, title or interest m or to the Property other than the right to temporarily use the same pursuant to the terms of Um Agreeruent. F,CnQN 9. NO COS CITY. Any and all costs and expenses associated with Licensee's Authorized Use of the Property, or any construction or installation of Improvements thereon, or the repair and maintenance thereof, or the relocation of Improvements or utilities thereon, or the restoration thereof at the termination of this Agreement, shall be at the sole cost and expense of Licensee. SECTION 10. TAXES AND ASSF,SSWN'TS. Licensee agrees to pay all special assessments and personal property taxes that may be levied and assessed on the Improvements during the term of this Agreement. SECTION_ .11. H.ESTORATION ON TER]VIxN TION. Upon termination of this Agreement, Licensee will promptly remove all Improvements and restore the Property to at least its present condition. Should Licensee fail or neglect to promptly remove the Improvements and restore the Property, CITY may do so, and assess Licensee for the costs thereof: Provided, CITY and Licensee may agree in writing that so= or all of such Improvements are to remain on. the Property following termination, and by entering into such au agreement Licensee thereby disclaims all right, title and interest in and to the same, and hereby grants such Improvements to CITY, at no cost. Further provided, if the Authorized Use of the Property under this Agreement LICENSE AGREEMENT - Page 3 90/60 39Vd ONI ODA L698T66$0Z 69:60 600Z/ZZ/90 is for Landscaping in CITY right-of-way and the irrigation and maintenance thereof, and the general purpose government with jurisdiction has adopted ordinances, rales and regulations governing the landscaping and nwintenaw3e of such right-of-way by owners of the adjacent property, to the extent such owners are obligated to maintain and irrigate the landscaping Licensee need not remove the same from the Property. SECTION..12. QMMMICATION. Licensee hereby indemu ies and holds CITY harmless from and against any and all claims or actions for loss,iwjnY, death, damages, mechanics and other liens, arising out of the failure or neglect of Licensee, Licensee's employees, contractors and agents, to properly and reasonably make Authorized. Use the Property or properly construct, install, plant, repair or maintain the Improvemmts thereon, or that otherwise result from the use and occupation of the Property by Licensee, and including any attorney fees and Costs that may be incurred by CITY in defense of such claims or actions indemnified against by Licensee hereunder. For claims or actions arising out of failures or neglccts occurring during the term of this Agreement Licensee's obligations pursuant to this section shall survive the termination of this Agreement. S-EQION 13. WLIANCE OT14 LAW KASTE AND NUISANCES PR.OIDITED. In connection with Licensee's use of the Property, throughout the term of this Agreement Licensee covenants and agrees to: (i) comply and observe in all respects any and all, federal, state and local statutes, ordinances, policies, rules and regulations, including, without limitation, those relating to traffic and pedestrian safety, the Clean Water Act and/or to the Presence, use, generation, release, discharge, storage or disposal in, on or under the Property of any Hazardous Materials (defined as any substance or material defined or designated as hazardous or toxic. waste, material or substance, or other similar term, by any federal, state or local environmental, statute, regulation or occurrence presently in effect or that may be promulgated in the future); (ii) obtain any and all permits and approvals required by CITY or any other unit of government; and (iii) commit no waste or allow any nuisance on the Property. Licensee covenants and agrees to indemnify and. held CITY harmless from and against any and all claims, demands, damages, liens, liabilities and expenses (including without limitation, reasonable attorneys' fees), arising directly or indirectly from or in any way connected with the breach of the foregoing covenant. These covenants shall survive the termination of this Agreement. SECTION -14. ASSICxNMFNT. Licensee cannot sell, assign or otherwise transfer this Agreement, the license herein extended, or any of its rights hereunder except with the prior written consent of CITY, which consent will not be granted unless the assignee assumes all obligations, warranties, covenants and agreements of Licensee herein contained. SECTION 15, ATTORNEY -S'. FEES. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. SECTION 16.NOTICE. Any notice under this Agreement shall be in writing and be delivered in person or by public or private 24-hour overnight courier service (so Iong as such service provides written confirmation of delivery). All notice shall be addressed to the party at LICENSE AGREEMENT - Page 4 90/b0 39Vd OMI 003 L£9816£80Z £5:60 600Z/ZZ/90 the address set forth below or at such other addresses as the parties may from time to time direct in writing by notice given the other. Any notice shall be deemed to have been given on (a) actual delivery or refusal, or (b) the day of delivery to the overnight courier. If to Licensee: Flathread Community Oven Lisa Luvisden, President 3139 S. Bown'W'ay Boise, ID 83706 If to Cffy: City of Meridian Attention, City Clerk 33 East Broadway Avenue Meridian, Ili 83642 SECTIQN 7, SUCCESSORS AND ASSIGN'S. This Agreement, the license herein extended, and the covenants and agreements herein contained shall mum to the benefit of and be binding upon the parties hereto and their successors and, if consented to by CITY under Section 14, Licensee's assigns. SECTION 18. R . All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. SEMON 19. NO RECORATION. This Agreement shall not be recorded in the Official Real Property Records of Ada County, Idaho. SECTION 20, WSURANCE. Licensees at their sole cost and expense shall maintain public liability and property damage insurance with a minimum liability limit of Olde Million Doffm per occurrence or claim and One Million Dollars in the aggregate insuring to stnch limits against all liability of Licensee's arising out of and in connection with its use or occupancy of the Property hereunder. The limits of such insurance coverage shall not limit the Licensee's liability hereunder. Licensee shall provide CITY with a certificate of imwance listing CITY as an additional insured and indicating that the required insurance in the required amounts is in full fora: and effect, SEC WN 21. WARRANTY OF AUTHORIYY TO E&ECUTE. 21.1.1 The person executing this Agreement on behalf of CITY represents and warrants due authorization to do so on behalf of CITY, and that upon execution of this Agreement, the same is binding upon CITY. 21.1.2 The person executing this Agreement on behalf of Licensee represeats and warrants due authorization to do son on behalf of Licensee, and that upon execution of this agreement, the same is binding on Licensee. LICENSE AGREEMENT - Page S 90/50 39Vd DNI 00d L698Z££8OZ £9:60 600Z/ZZ/90 IN 'WITNESS WHEREOF, the twdersigaed have caged this Agrcement to be executed the dad', month and year First set forth above. COY OF M MMM 1 11M W- 111111 FLATB11E" CONMHJN j O � L` 1\ 1 INC D Lisa Lumsden, Presiideot LICENSE AGREEMENT - Page 6 90190 39Gd ONI 0O3 L69816680Z 69:60 600Z/ZZ/90 Jun 2u UU U.5:;32p MIKE ULUKE 2007907024 p.2 Corrercial Certificate of InsuranceF �► � � � � s' Agency . 13EIKE RaURA►NM A0Pi Cy Name . MCRARL D 130M & 1522 MAIM STMT' Imte Bate Qldrl 0D►'YY} OG{ 3i09 Addrm LEWISTON, IDAHOI 83501 Tkis mrt amw is f ted as a tt>attar of iuformatloct tu�r aad � no tl�s upon the cadcue Wkbr;'f M mftm dw not am -w. eked of alter th St 75 Dig. 65 Agent 331 mveW Woo" b9 the poRft helm S ompim es FroWdi j Cover ap h4umd . FLAT81',EA D COMMUNITY crura pw A Trunk lrxsmme r=bmr L Num . OVEN. INC.B Fmme4rs Ins�araxtae F an e • $139 B+UINN WAY Andress • BOXSE. I0AHO 835W campmv C M &Centuq Insuance Coup t4m Q fed Tbg Is to dept the pAM of imumm dater! bebr hate boo imd m the ftW gamed *qve ft the pact' pcad W&av . 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CEItTMC.A,TP- HOLDER IS ALSO LJSTED AS AN ADDITIONAL INSURED PROPERTY LOCATION. 830 N MAIN SnIBBT, SU£TE A, AoRWL4N, IDtAH() 83!x42 Gertifaie Ftalder camobdon CITY OF MMMIAN Sid aay Of the *M duatbed. pWicim te mWW befim de =Prom fists Name N ERMIAN, IDAHO 83642 & dmmlk she bmtV80xnp=y wM a4mvw to nag 30 df&ys mom awe to the CWffl is bolder z►amW to the tett but hourve to matt such nate a do bopme m Addrtm d0rdne or &6ft of any kbtcl Vm the mapaay. 0Vft0rVWmmt4m WBAEL D BEM Authoti¢ed Repro `` 4-94 Gaily £�lstrlblon; vine anrterp�r Agent'a Campy tt ox Tara Green From: Ted Baird Sent: Monday, July 06, 2009 1:03 PM To: Tara Green Subject: FW: Fax Server: Fax Received - From: " To: Ted Baird' Attachments: recv0022-001.tif recv0022-00 Ltif (40 KB) Here is the certificate of insurance associated with the flatbread license. Can you see that it gets attached to the document? -----Original Message ----- From: Ted Baird[mailto:FaxAdmin@meridiancity.org] Sent: Monday, July 06, 2009 12:06 PM To: Ted Baird Subject: Fax Server: Fax Received - From: '' To: 'Ted Baird' Attached is your fax document. 1 July 2, 2009 MERIDIAN CITY COUNCIL MEETING July 7, 2009 APPLICANT ITEM NO. 5-E REQUEST 2009 SRO Contract AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: See attached 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: Dote: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN SCHOOL RESOURCE OFFICER AGREEMENT THIS AGREEMENT, entered into by the City of Meridian, a political subdivision of the State of Idaho, hereinafter referred to as "the City of Meridian", and Joint School District Number 2, Meridian, Idaho hereinafter referred to as "the District". WHEREAS, the District desires increased law enforcement from the City, through the Meridian Police Department; and WHEREAS, the City of Meridian and the Meridian Police Department desire to provide increased law enforcement services to the District, through the Meridian Police Department; and WHEREAS, the parties recognize their mutual interest can be furthered through the use of the School Resource Officer (SRO) Program of the Meridian Police Department; NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. This Agreement shall be for the sole benefit of the District and the City and shall not be interpreted to benefit third parties. The relationship of the parties hereto is that of contractor and independent contractor, and it is expressly understood and agreed that each party and their officers, agents, and employees do not in any way, nor for any purpose, become a partner, agent, joint venturer, servant, or employee of the other. 2. The City of Meridian, through the Meridian Police Department, shall provide School Resource Officer services at designated campuses, as referenced in Paragraph 3 below, including, but not limited to: investigating and preventing crimes against persons or property; identifying and arresting violators of state and local laws; filing investigative reports and other required reports or documents; patrolling; and, to a limited extent, maintaining building security, controlling traffic, and enforcing traffic laws. 3. The City of Meridian shall provide one (1) School Resource Officer at Meridian Middle School, one (1) School Resource Officer at Sawtooth Middle School, one (1) School Resource Officer at Lewis and Clark Middle School, one (1) School Resource Officer at Heritage Middle School, and one (1) School Resource Officer to cover Central Academy, Meridian Academy, Crossroads Middle School, and Pathways Middle School. 4. As a member of the school management team, the SRO shall endeavor to maintain open and regular communication with the assigned school principal and shall positively promote the school, staff, students, and administration to the community. 5. The Meridian Police Chief and the District will determine how the officers performing the duties under this Agreement will be deployed, and the manner in which the services contemplated by the Agreement shall be provided. The Meridian Police Department will communicate to the assigned school principal whenever concerns or problems regarding scheduling, duties, or other items occur. The interiors .of buildings will not be patrolled by SROs except as is 2 necessary to investigate crimes and apprehend criminal suspects; however, the SROs shall maintain high visibility with students during break and lunch periods. 6. The Meridian Police Chief and his officers shall have the right to exercise due discretion in the performance of this Agreement, including, but not limited to the type, nature, extent, and result of any response or activity undertaken by the Meridian Police Chief and his officers. 7. a. With the exception of paragraph 7(b) below, the conduct of the Meridian Police Chief and his officers will be governed by the Meridian Police Policy Manual (hereinafter "Manual"). In the event that the District's procedures conflict with the procedures set forth in the Manual, the provisions of the Manual shall prevail. The Manual which will be maintained at the Meridian Police Department shall be an integral part of this Agreement and it is incorporated herein as if set forth fully. b. District and Parental Notifications. Not withstanding any other provisions herein to the contrary, the following procedures shall be used in all instances with regard to notifying the principal and/or a student's parents about the interaction of SROs with students: i. When an SRO interviews a student in the course of investigating a crime, the SRO shall notify the school principal, or designee, of the fact that an interview with the student was conducted, no later than the end of the school day in which the interview was conducted. ii. In the event that a student is arrested by an SRO or if the SRO finds it otherwise necessary to remove the student from school, the SRO shall immediately notify the principal of the school, or designee. N. Upon receiving notice of any of the above circumstances from an SRO, the principal, or his or her designee, shall make reasonable efforts to contact the student's parent or guardian. If contact is made, the principal may tell the parent or guardian of the student that a police officer questioned the student, removed the student from campus, or arrested the student, as the case may be, and may further state that additional information may be obtained by contacting the Meridian Police Department or if another enforcement agency is involved of which the principal is aware the principal may then give the parent or guardian that information. iv. If a student's parent or guardian contacts the principal about interviews conducted by an SRO, the principal may disclose any information received by the principal from the SRO and may refer further questions to the Meridian Police Department or the correct law enforcement agency if another law enforcement agency is involved of which the principal is aware. Liability arising from any of the above actions shall be governed by paragraphs 18 and 19 of this Agreement. 8. The City of Meridian shall use five (5) suitably trained police officers in meeting its obligation herein, each of whom may be physically present at one of the school campuses referenced in Paragraph 3, in accordance with a schedule that is mutually agreeable to the District and the Meridian Police Department. If 4 scheduling conflicts occur causing an SRO to be off campus during a scheduled on -campus period, efforts will be made to provide prior notice and arrange with the assigned school principal to provide adequate coverage. 9. Meridian police officers providing additional services and police protection under the terms of this Agreement will wear the authorized uniform of the Meridian Police Department. 10. The parties recognize that the District may from time to time adopt policies, procedures, rules, and regulations affecting the conduct of persons present on the campuses referenced in Paragraph 3. To the extent that violation of those policies, procedures, rules, and regulations constitutes a violation of law, including breach of the peace, or a threat to public health or safety, those policies, procedures, rules, and regulations will be enforced by the Meridian Police Chief and his officers. To the extent that violation of those policies, procedures, rules, and regulations does not constitute a violation of the law, the Meridian Police Department is not required to take law enforcement action and will leave the enforcement thereof to the District. SROs shall inform the principal, or his designee, of violations of school policies, procedures, rules or regulations of which he/she has personal knowledge. 11. This Agreement is for a period commencing on or about August 24, 2009, and ending June 10, 2010. It is agreed under the terms of this Agreement that the SROs shall commence the duties set forth herein one (1) week prior to the first day of classes in the fall of 2009, and will complete the obligations one (1) day after the last day of classes in June 2010. At the present time, the dates set forth in this section are the anticipated starting and ending dates. However, each party to this agreement recognizes, that as of this date, the start and end dates of the 2009 — 2010 school year are tentative and may be changed, and if there are changes, this Agreement shall incorporate such changes as if set forth fully herein. 12. As consideration for the services provided by the City of Meridian pursuant to the terms of this Agreement, the District shall pay the total sum of $221,018.00 to the City of Meridian in two installments. One-half shall be paid on January 30, 2010, and the balance on or before May 31, 2010. 13. Security for special events will be approved and the City of Meridian compensated as follows: SPECIAL EVENTS a. The District shall provide the Meridian Police Department with a list of special events and scheduled after-school activities for all schools within the city limits of Meridian at which the District is requesting law enforcement officers to be present. The Meridian Police Department shall provide a minimum of two police officers for each event one of whom may be a Reserve Police Officer. b. If an event should arise that is not on the original special event list provided by the District, the Community Service Division (CSD) SRO Sergeant shall attempt to provide two law enforcement officers to comply with the request. RECORD OF TIME AND REIMBURSEMENT C. SROs who attend a special event at his/her designated school and/or officers who work at special events at the request of a district school principal shall complete a Meridian Police Department Time Slip for the event and the requesting principal or his/her designee must sign and approve the completed slip. The SRO and/or officers shall then submit the Meridian Police Department Time Slip to the SRO Sergeant. PAYMENT d. The SRO Sergeant of the Meridian Police Department shall prepare and submit an invoice to the Meridian City Finance Department. The Meridian City Finance Department will invoice the individual school(s) hosting the special event(s) at which SRO(s) or other officers worked at the end of each month. The District shall pay one-half (1/2) of the overtime pay due and owing an SRO who worked at the request of his/her designated school at the SRO's hourly overtime salary. The District shall pay Meridian Police Department standard overtime for all other required Meridian Police Department Officers. 14. The parties recognize that a school within the District may desire to have the Meridian Police Department provide additional security services for sanctioned school events. This agreement does not govern the provision of such additional security services. Additional security services for school events may be addressed in an addendum to this Agreement or in a separate agreement at a later date. 15. The District agrees to provide officers with adequate office space and suitable desks and chairs for the purpose of this Agreement. 16. It is acknowledged by the parties that City of Meridian personnel acting pursuant to this Agreement are not the employees or agents of the District or schools within the District, but rather, they remain the employees of the City of Meridian. 17. Law enforcement personnel acting pursuant to this Agreement may be absent from their assigned campuses on holidays observed by the District. 18. In the event the City of Meridian or any of its officers, agents, employees, insurers, or indemnitors have any claim, demand, suit, or judgement asserted against them which arises from acts or omissions of the District, its officers, agents, or employees, the District shall, at its expense, defend and indemnify the City, its officers, agents, employees, insurers, and indemnitors, and hold them harmless in the premises. 19. In the event the District or any of its officers, agents, employees, insurers, or indemnitors have any claim, demand, suit, or judgment asserted against it which arises from acts or omissions of the City of Meridian, its officers, agents, or employees, the City of Meridian shall, at its expense, defend and 8 indemnify District, its officers, agents, employees, insurers, and indemnitor, and hold them harmless in the premises. 20. It is acknowledged by the parties that District personnel acting pursuant to this Agreement are not the employees or agents of the City of Meridian, but rather, they remain the employees of the District. 21. This Agreement may be cancelled by either party for non- conformance or poor performance, on thirty (30) days written notice. If the performance defect is corrected during the thirty (30) day period, this Agreement shall continue in full force and effect. If the City of Meridian terminates this Agreement due to the District's failure to timely correct the default in its performance, the District shall pay to the City of Meridian the consideration set out in Paragraph 11, prorated to reflect the number of school days in which services were actually performed by the City of Meridian. 22. The Director of Operations for the school district has the authority to execute this Agreement on behalf of the District; and she/he shall promptly bring this Agreement before said Board of Trustees for its ratification at a regularly scheduled meeting. 23. This Agreement shall be interpreted in accordance with the laws of Idaho. 24. This Agreement constitutes the entire agreement of the parties and all other agreements, oral or written, are included in and merged herein. 9 25. This agreement may be modified only by a mutually executed written addendum signed by the Meridian School District Director of Operations and the Mayor of the City of Meridian. 26. The principal of each school shall, in writing, provide the Meridian Police Chief with a designee to contact in the event the SRO cannot contact the principal when so required pursuant to this Agreement. 27. 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 via the United States mail, addressed as follows: Chief of Police Meridian Police Department 1401 E. Watertower Ave. Meridian, Idaho 83642-2300 Director of Operations Meridian School District 1303 E. Central Drive Meridian, Idaho 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 28. 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. 10 DATED this ` day of , 2009. CITY OF M IDIAN BY: amm de eerd Mayor of eridian BY: Je a Meridian Chief of P ce ATTEST: City Clerk man OF :SEPAL - O� 6'T Tse •,SbHOOL DISTRICT NO 1UN. E 11 July 2, 2009 MERIDIAN CITY COUNCIL MEETING July 7, 2009 APPLICANT ITEM NO. S -F REQUEST Approval and Award of Contract for City Hall Security Cameras and Installation with APEX Integregated Security Solutions for $34,350.00 AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT. CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES CITY HALL CAMERAS AND INSTALLATION THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 30th day of JUNE, 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 APEX INTEGRATED SECURITY SOLUTIONS INC hereinafter referred to as "CONTRACTOR", whose business address is 109 S e St. Boise, ID 83702 and whose Public Works Contractor License # is C-16018. INTRODUCTION Whereas, the City has a need for services involving CITY HALL SECURITY CAMERAS AND INSTALLATION: 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 CITY HALL SECURITY CAMERAS AND INSTALLATION page 1 of 14 copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a 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 $34,350.00 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, CITY HALL SECURITY CAMERAS AND INSTALLATION page 2 of 14 Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, 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 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. 3.3 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. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or C. Death of Contractor 4. Termination: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY HALL SECURITY CAMERAS AND INSTALLATION page 3 of 14 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 control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any CITY HALL SECURITY CAMERAS AND INSTALLATION page 4 of 14 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 attomey'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. 6.2 Any deductibles, self-insured retention, or named insureds must CITY HALL SECURITY CAMERAS AND INSTALLATION page 5 of 14 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 APEX INTEGRATED SECURITY SOLUTIONS, INC Attn: Michael Ford 109 S. f Street Boise, ID 83702 208-378-9650 Idaho Public Works License #: C-16018 CITY HALL SECURITY CAMERAS AND INSTALLATION page 6 of 14 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. CITY HALL SECURITY CAMERAS AND INSTALLATION page 7 of 14 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, CITY HALL SECURITY CAMERAS AND INSTALLATION page 8 of 14 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 g;;;�BY: TA de WEERD, MAYOR Dated: 7%'7' D? Approved by City Council: Attest: •�``Ci�y lVO kq J YCE L. HOLMAN, CITY Q oP Approved as to Content BY: KEITFTWATTS, PURCHASING AGENT Approved as to Form CITY ATTORNEY Department Approval BY: .�- ,p NAME: /eewe TITLE: �L..._T/r► Dated: CITY CITY HALL SECURITY CAMERAS AND INSTALLATION page 9 of 14 Attachment A SCOPE OF WORK Add 14 additional cameras to the new City Hall Site, four (4) on the exterior of the building and eight (8) on the interior of the building per the attached drawings. To include all required Lenel Licensing. Required cabling must be run in the cable trays located in the access flooring. EXTERIOR CAMERAS Exterior Corners (2) • lgeye 5 megapixel IP Day/Night Camera • Theia Technologies 1.7MM Wide Angie • Installation, Licensing, Programming & Testing Exterior Roof Mounted Cameras (2) • Igeye 5 megapixel IP Day/Night Camera (Sentinel) • lgeye Varifocal Mega -Pixel Lens • Igeye Sentinel Housing with mount • Installation, Licensing, Programming & Testing INTERIOR CAMERAS North Side Cameras — Below Window Coverings (2) • lgeye 2.0 Mega -Pixel IP Day/Night Dome Camera (Alliance) • Igeye Alliance Dome Wall Mount Bracket • Network cables, Installation, Licensing, Programming & testing • 20 additional feet of cable to be coiled in calling at camera and for future moves. Inside Lobby Camera • lgeye 2.0 Mega -Pixel IP Interior Dome Camera (Alliance) • Network cables, Installation, Licensing, Programming & testing • 20 additional feet of cable to be coiled in ceiling at camera end for future moves. CITY HALL SECURITY CAMERAS AND INSTALLATION page 10 of 14 Chambers Camera • Igeye 2.0 Mega -Pixel IP Interior Dome Camera (Alliance) • Network cables, Installation, Licensing, Programming & testing • 20 additional feet of cable to be coiled in ceiling at camera end for future moves. Interior Exits from Corridors (2) • Igeye 2.0 Mega -Pixel IP Interior Dome Camera (Alliance) • Network cables, Installation, Licensing, Programming & testing • 20 additional feet of cable to be coiled in ceiling at camera end for future moves. Interior Exits In Stairwells (2) • Igeye 2.0 Mega -Pixel IP Interior Dome Camera (Alliance) • Igeye Alliance Dome Wall Mount Bracket • Network cables, Installation, Licensing, Programming & testing • 20 additional feet of cable to be coiled in ceiling at camera end for future moves. 3'd Floor Gallery • Igeye 2.0 Mega -Pixel IP Interior Dome Camera (Alliance) • Network cables, Installation, Licensing, Programming & testing • 20 additional feet of cable to be coiled in ceiling at camera end for future moves. mayoes Receptionist Lobby • Igeye 2.0 Mega -Pixel IP Interior Dome Camera (Alliance) • Network cables, Installation, Licensing. Programming & testing • 20 additional feet of cable to be coiled in ceiling at camera end for future moves. CITY HALL SECURITY* CAMERAS AND INSTALLATION page 11 of 14 CITY HALL SECURITY CAMERAS AND INSTALLATION page 12 of 14 CITY HALL SECURITY CAMERAS AND INSTALLATION page 13 of 14 Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $34,350.00. TASK DESCRIPTION DATE AMOUNT Supply and install 14 security cameras per A. the attached Specifications (Attachment A). 8/14/2009 $34,350.00 PRICE TO INCLUDE ALL REQUIRED LENEL LICENSING TOTAL $34,350.00 Travel expenses (if any) will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. CITY HALL SECURITY CAMERAS AND INSTALLATION page 14 of 14 Memo To: Jaycee Holman, City Clerk From: Terry Paternoster, IT Manager CC: Tara Green, Keith Watts Date: 6/30/2009 Re: July 7 City Council Meeting Agenda Item The IT Department respectfully requests that the following item be placed on the July 7, 2009 City Council Consent Agenda for Council's consideration. Approval and Award of Contract for City Hall Security Cameras and Installation. The contract is with APEX Integrated Security Solutions and is a result of Bid # IT -09-001 dated June 15, 2009. The total contract price is $34,350.00 Recommended Council Action: Approval and Award of Contract City Hall Security Cameras & Installation with APEX Integrated Security Solutions for the NOT -TO -EXCEED amount of $34,350.00 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES CITY HALL CAMERAS AND INSTALLATION THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 30th day of JUNE, 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 APEX INTEGRATED SECURITY SOLUTIONS INC,,hereinafter referred to as "CONTRACTOR", whose business address is 109 S 4,n St, Boise, ID 83702 and whose Public Works Contractor License # is C-16018. INTRODUCTION Whereas, the City has a need for services involving CITY HALL SECURITY CAMERAS AND INSTALLATION; 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 CITY HALL SECURITY CAMERAS AND INSTALLATION page 1 of 14 copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a 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 $34,350.00 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, CITY HALL SECURITY CAMERAS AND INSTALLATION page 2 of 14 Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, 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 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. 3.3 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. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or C. Death of Contractor 4. Termination: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY HALL SECURITY CAMERAS AND INSTALLATION page 3 of 14 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 control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any CITY HALL SECURITY CAMERAS AND INSTALLATION page 4 of 14 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. 6.2 Any deductibles, self-insured retention, or named insureds must CITY HALL SECURITY CAMERAS AND INSTALLATION page 5 of 14 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 APEX INTEGRATED SECURITY SOLUTIONS, INC Attn: Michael Ford 109 S. 4 Street Boise, ID 83702 208-378-9650 Idaho Public Works License #: C-16018 CITY HALL SECURITY CAMERAS AND INSTALLATION page 6 of 14 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. CITY HALL SECURITY CAMERAS AND INSTALLATION page 7 of 14 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, CITY HALL SECURITY CAMERAS AND INSTALLATION page 8 of 14 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 APEX INTEGRATED SECURITY SOLUTIONS Am TAMMY de WEERD, MAYOR BY: Dated: Dated: Approved by City Council: Attest: JAYCEE L. HOLMAN, CITY CLERK Approved as to Content BY: KEIT TTS, PURCHASING AGENT Dated: 6 - `-�56 — 6q Approved as to Form CITY CITY ATTORNEY Department Approval BY: NAME: � % TITLE: Dated: CITY HALL SECURITY CAMERAS AND INSTALLATION page 9 of 14 Attachment A SCOPE OF WORK Add 14 additional cameras to the new City Hall Site, four (4) on the exterior of the building and eight (8) on the interior of the building per the attached drawings. To include all required Lenel Licensing. EXTERIOR CAMERAS Exterior Corners (2) • Igeye 5 megapixel IP Day/Night Camera • Theia Technologies 1.7MM Wide Angle • Installation, Licensing, Programming & Testing Exterior Roof Mounted Cameras (2) • Igeye 5 megapixel IP Day/Night Camera (Sentinel) • Igeye Varifocal Mega -Pixel Lens • Igeye Sentinel Housing with mount • Installation, Licensing, Programming & Testing INTERIOR CAMERAS North Side Cameras — Below Window Coverings (2) • Igeye 2.0 Mega -Pixel IP Day/Night Dome Camera (Alliance) • Igeye Alliance Dome Wall Mount Bracket • Network cables, Installation, Licensing, Programming & testing • 20 additional feet of cable to be coiled in ceiling at camera end for future moves. Inside Lobby Camera • Igeye 2.0 Mega -Pixel IP Interior Dome Camera (Alliance) • Network cables, Installation, Licensing, Programming & testing • 20 additional feet of cable to be coiled in ceiling at camera end for future moves. CITY HALL SECURITY CAMERAS AND INSTALLATION page 10 of 14 Chambers Camera • Igeye 2.0 Mega -Pixel IP Interior Dome Camera (Alliance) • Network cables, Installation, Licensing, Programming & testing • 20 additional feet of cable to be coiled in ceiling at camera end for future moves. Interior Exits from Corridors (2) • Igeye 2.0 Mega -Pixel IP Interior Dome Camera (Alliance) • Network cables, Installation, Licensing, Programming & testing • 20 additional feet of cable to be coiled in ceiling at camera end for future moves. Interior Exits in Stairwells (2) • Igeye 2.0 Mega -Pixel IP Interior Dome Camera (Alliance) • Igeye Alliance Dome Wall Mount Bracket • Network cables, Installation, Licensing, Programming & testing • 20 additional feet of cable to be coiled in ceiling at camera end for future moves. 3rd Floor Gallery • Igeye 2.0 Mega -Pixel IP Interior Dome Camera (Alliance) • Network cables, Installation, Licensing, Programming & testing • 20 additional feet of cable to be coiled in ceiling at camera end for future moves. Mayor's Receptionist Lobby • Igeye 2.0 Mega -Pixel IP Interior Dome Camera (Alliance) • Network cables, Installation, Licensing. Programming & testing • 20 additional feet of cable to be coiled in ceiling at camera end for future moves. CITY HALL SECURITY CAMERAS AND INSTALLATION page 11 of 14 CITY HALL SECURITY CAMERAS AND INSTALLATION page 12 of 14 CITY HALL SECURITY CAMERAS AND INSTALLATION page 13 of 14 Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $34,350.00. TASK DESCRIPTION DATE AMOUNT Supply and install 14 security cameras per A. the attached Specifications (Attachment A). 8/14/2009 $34,350.00 PRICE TO INCLUDE ALL REQUIRED LENEL LICENSING TOTAL $34,350.00 Travel expenses (if any) will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. CITY HALL SECURITY CAMERAS AND INSTALLATION page 14 of 14 July 2, 2009 MERIDIAN CITY COUNCIL MEETING July 7, 2009 APPLICANT ITEM NO. 5-G REQUEST Additional Services No. 1 with J U B Engineers for Ten Mile Road - Franklin Road to Cherry Lane Improvement Project in Conjunction with ACHD Project Number 504003 for $6,451.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See aRached J -U -B ENGINEERS, Inc. 260 S. Beechwood Avenue, Suite 201 • Boise, Idaho 83709-0944 • Telephone (208) 378-7330 • FAX (208) 323-9338 AUTHORIZATION FOR ADDITIONAL SERVICES - NO.1 CLIENT: CITY OF MERIDIAN PROJECT NAME: Ten Mile Road (Franklin Rd to Cherry Ln): Reuse and Sewer Main Design CLIENT PROJECT * 0610C J -U -B Project Number: 10-08-100 The following additional Items of work on the project referenced above have been or will be provided by J -U -B ENGINEERS, Inc. These additional services are a supplement to the scope of services contained in J -U -B's ebsting Agreement for Engineering Services for this project apmoved by City Council on January 1. 2007 Additional Services: As described on Attachment W J -U -B ENGINEERS, Inc. was verbally authorized to provide these services by: n/a n/a Name Date Unless otherwise noted below, J -U -B ENGINEERS, Inc. will provide these additional services on a time and materials basis, using the Firm's standard billing rates, or if applicable, the billing rates established in the initial Agreement for Engineering Services. Other Basis for Payment: As detailed on Attachments W and °B°. Dated this day of June. 2009 CITY OF MERIDIAN J-1.11-8 ENGINEERS, Inc. Print or Type C ent Name . .41 -t1f d By: By: Wnto6r Representative Signature Project RepmSMKtative Signature L� ''`ti�ti���►uUni$oil Tammy de Weerd, Mavor`�' Phillo H Krichbaum. P.E. — Proiect Manaaer Print or Type Name �hd ''.� Print or Type Name and Title r Attest:z-46 Jaye Hof n, City Cleric � City of Mertdtan - Task order 06100, A ,dd P ���`• Ten Me Road (Frankltn-Cherry): Reuse Plpn�ents page 1 z zU 8 Zoo m��Z Memo To: Jaycee Holman, Tara Green From: John Boyd, Development Analyst II jboydC eridiancity.org Meridian Public Works Department Development Services Division 33 E. Broadway Avenue, Suite 200 Phone: 898-5500 Fax: 898-9551 RECEIVED JUN 18 2009 CITYOFC! f CITY CLERKS OFFICE CC: Becky Licari, Tom Bary, Clint Dolsby, Kyle Radek, Scott Steckline Date: 6018/2009 Re: Proposed Agenda Item for June 30,20D9 City Council Meeting The Public Works Department respectfully requests the following item be placed on the June 30, 2009 City Council agenda, under Consent Agenda, for Council's consideration: Attached is an Authorization for Additional Services No. 1 with JUB Engineers for the additional design of approximately 2,000 Linear feet of wastewater reuse piping in Franklin Road, reuse stubs past the east and west curb reiums in Pine Street and adding Pine Street utility adjustments to the project. The addendum is for $6,451. Recommended Council Action: The Public Works Department recommends that City Council approve and sign the Authorization for Additional Services No. 1 with JUB Engineers for the Ten Mile Road. — Franklin Rd to Chaffy Lane Improvement Project In Conjunction with ACHD Project Number 504003 for the amount of $6,451. Thank you for your consideration. Please feet free to contact me if you have any questions. 0 Page 1 z Q _O WLL �o o % § } � ƒ � � � z lu k ■ CL ƒ � \ : / u \ . \ Z u z e . . / . \ z / � o § ' \ [ 2 �\ ° . . / \ \ . � f \ . \ ` j 2 . Of ' < re ' , ' , t.` 110- � �- f (AUB J -U -B ENGINEERS, Inc. 260 S. Beechwood Avenue, Suite 201 • Boise, Idaho 83709 -OW i Telephone (208) 376-7330 r FAX (208) 32349336 AUTHORIZATION FOR ADDITIONAL SERVICES - NO.1 CLIENT: _CITY OF MERIDIAN PROJECT NAME: Ten Mile Road (Franklin Rd. to Cherry Ln): Reuse and Sewer Main Desion CLIENT PROJECT #: 0610C J -U -B Project Number: 10-08-100 The following additional items of work on the project referenced above have been or will be provided by J -U -B ENGINEERS, Inc. These additional services are a supplement to the scope of services contained in J -U -B's existing Agreement for Engineering Services for this project approved by City Council on January 1 2007 Additional Services: As described on Attachment W J -U -B ENGINEERS, Inc. was verbally authorized to provide these services by: n/a n/a Name Date Unless otherwise noted below, J -U -B ENGINEERS, Inc. will provide these additional services on a time and materials basis, using the Firm's standard billing rates, or if applicable, the billing rates established in the initial Agreement for Engineering Services. Other Basis for Payment: As detailed on Attachments "A° and °B". Dated this day of June. 2009 CITY OF MERIDIAN Print or Type Client Name By: Client or Representative Signature Tammy de Weerd. Mavor Print or Type Name and Tide Attest: Jaycee Holman, City Clerk J -U -B ENGINEERS, Inc. By: Project Represfffttrve Signature Phillip H. Kri hbaum. P.E. — Project Manager Print or Type Name and Title City of Merldlan - Task Order OL IOC, Addendum I Ten Mite Road (Frooklin-Cherry): Reuse Plpeltne med Sewer Main Improvements Page t J -U,8 ENGINEERS, Inc. Addendum Na. 1. Attachment 'A'- I"-100 June 11, 2009 ATTACHMENT "A" TO ADDENDUM NO. I Agreement to Provide Engineering, Services MERIDIAN PUBLIC WORKS DEPARTMENT TEN MILE ROAD (FRANKLIN -CHERRY): REUSE PIPELINE AND SEWER MAIN IMPROVEMENTS Section 1- Scope of Engineering Services The ENGINEER shall furnish the services specifically limited to the following: 1. Task 1— Additional Services: Construction Pian Additions 1. Reuse Pipeline Extension on Franklin -Road: The proposed reuse pipeline will be extended to the limits of the ACHD widening project on Franklin Road. Limits extend 950 feet east and 1100 feet west of the Ten Mile/Franklin Intersection. It is anticipated that two additional plan sheets will be Prepared to incorporate into the construction plans. 2. Valve lox and Manhole Cover Adjustments: Adjustments to manhole lids and valve boxes will be called out. An additional plan sheet will be added to the construction plans to the limits of the ACHD widening project on Pine Road. 3. Existing Waterline Lowering:, In conjunction with City staff, M -B will review existing cover depth over the waterline at the proposed finished grade using measurements provided by the City (depth to valve readings) and ACHD Ten Mile Road construction plans. It is the City's intent to main and protect the waterline minimizing the amount of relocation. Special provisions outlining the performance requirements of special construction precautions will be prepared. The special provision will also address the installation of new waterline(s) for situations where it is determined during construction that lowering the existing waterline will be required. City of MeridIan - Task Order 06100, Addendum 1 Ten Mile Road (Franklin -Cherry): Reuse Pipeline and Sewer Main Improvements page -1 H W a OC IL x lu J LU a a w d z 4c Z 9 0 a v N Pi p F, �G{ N LnN d o Ln 0 L Q N o N. G h Cf O N O O WWq 4 4 �a6 g 2 � C 3 0 a July 2, 2009 MERIDIAN CITY COUNCIL MEETING July 7, 2009 APPLICANT ITEM NO. S -H REQUEST Task Order No. 10008 with HDR Engineering, Inc. for Heroes Park Pond Liner Replacement & Reclaimed Water for $37,957.00 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 Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. TASK ORDER NO. 10009 CITY OF MERIDIAN (OWNER) AND HDR ENGINEERING, INC. (CONSULTANT) This Task Order is issued by Owner and accepted by the Consultant pursuant to the mutual promises, covenants and conditions contained in the Master Services Agreement between the above named parties, dated January 24, 2007. SCOPE OF SERVICES CITY OF MERIDIAN, IDAHO HEROES PARK POND LINER REPLACEMENT AND RECLAIMED WATER DISTRIBUTION AND STORAGE IMPROVEMENTS BACKGROUND Rapid growth in the City of Meridian has challenged City infrastructure managers to increase capacity of the City public works services. Several factors are straining the services provided by the City's departments: (1) The pending effluent phosphorus limitations resulting from the Snake River Hells Canyon Total Maximum Daily Loads (TMDL) and Boise River Phosphorus Load Allocations will require a greater investment in wastewater treatment facility performance than under the current (expired) National Pollutant Discharge Elimination System (NPDES) permit; (2) The City's municipal water rights will become stressed as growth continues at a record pace, If altemate sources of water supply are not identified; (3) The available supply of irrigation water Is limited and the grass at City parks may become strained. These issues are forcing infrastructure managers to think holistically about the City's water resources; and (4) The NPDES under which the City is currently operating its wastewater treatment facility includes a 7 million gallon per day limit. The flow limit in the City's NPDES discharge permit was exceeded one time In the summer of 2008 and could be exceeded in the summer of 2009 if altemative effluent management strategies are not executed soon. The Idaho Department of Environmental Quality (DEQ) administers the Rules for the Reclamation and Reuse of Municipal and Industrial Wastewater (aka, Reuse Rules or IDAPA 58.01.17). These rules are established to regulate the quality of reused water and Identify the allowable uses of reclaimed water. The Reuse Rules state, "it is the policy of the Department to promote the practice of reuse of both municipal and industrial reclaimed wastewater through the continued creation and implementation of rules and guidance that give permittees various opportunities for new forms of reuse." This policy enables the City of Meridian to manage its reclaimed water as a source of irrigation water to either replace or supplement the supply of irrigation water from the irrigation districts. Page 1 of 8 April 30,2W9 t _1 I.." The City will be producing Class A reclaimed water. This Is the highest quality of reclaimed water in Idaho. This water will undergo advanced filtration and disinfection to very stringent levels. On May 8, 2007, HDR submitted the Water Reclamation and Reuse Permit Application on behalf of City to DEQ for approval to irrigate Heroes Park with Class A reclaimed water from the City's wastewater treatment plant. This permit application was conducted under Task Order No. 1 of the Master Service Agreement. A draft permit for use of Class A reclaimed water at Heroes Park was received on June 18, 2008. HDR also designed minor reclaimed water disinfection and distribution improvements to deliver reclaimed water to Heroes Park. The design was performed under Task Order No. 4 of the Master Services Agreement with the City of Meridian. These improvements were constructed in the summer of 2008. Since these designs were prepared, the Public Works Department had discovered that the Irrigation storage pond at Heroes Park is susceptible to leaking. The Reuse Rules require reclaimed water storage facilities to pass a seepage test which is Included as a compliance activity (#ICA 215-04) in the City's Heroes Park Reuse Permit. This test must be conducted prior to storage or application of reclaimed water and is currently underway. This task order is focused on design services, permitting services, bid period services, and services during construction for the replacement of the liner at Heroes Park as well as seepage test assistance. Project Characteristics: • Irrigation storage pond size is approximately 1.0 million gallons over 0.4 acres at full capacity. AUTHORIZATION The State of Idaho requires the that the selection of engineering services be performed through a qualifications based process. HDR was competitively selected to perform design services for the City of Meridian on November 14, 2006 through the request for qualifications for Engineering Services for Public Works. In addition, HDR was selected through a separate request for qualifications to perform reclaimed water planning services on September 10, 2008. Idaho Statute Title 67 Chapter 23 is focused on Professional Service Contracts with Design Professionals, Construction Managers and Professional Land Surveyors. Paragraph 4 of this statute allows the City to contract with HDR Engineering, Inc. for the design services identified In this task order. `9IMen a public agency or political subdivision of the state has previously awarded a professional services contract to a person or firm for an associated or phased project the public agency or political subdivision may, at its discretion, negotiate an extended or new professional services contract with that person or firm. s The City of Meridian desires to extend its professional services contract with HDR Engineering, Inc. for this project associated with services previously provided to the City. PROPOSED SCOPE OF SERVICES Task 1. Project Management Task 2. Preliminary Design of Heroes Park Irrigation Storage Pond Liner Replacement Task 3. Seepage Testing Assistance Page 2 of 8 April 30, 2009 IMM PROJECT SCHEDULE CITY OF MERIDIAN, IDAHO HEROES PARK POND LINER REPLACEMENT The project schedule for performing the task order is as follows: Activity Completion Date Progress Reports and Invoices Monthly Preliminaplans and technicalspecifications March 13, 2009 Opinion of probable construction cost March 13, 2009 Seepage Testing Assistance I May 20, 2009 Page 6 of 6 April 30, 2009 HIM COMPENSATION CITY OF MERIDIAN, IDAHO HEROES PARK POND LINER REPLACEMENT The estimated cost to complete this Scope of Work is presented in the table below. Task Budget Task 1 - Project Management $6,423 Task 2 - Preliminary Design of Heroes Park Irrigation Storage Pond Liner Replacement $19,607 Task 3 -- Seepage Testing Assistance $11,927 Total $37,957 HDR will invoice Meridian for professional services described in this Proposal on a time and materials basis. For the activities described in the Scope of Services, HDR estimates a professional services fee of not to exceed'$37,957 without written authorization from the City. Page 7of8 April 30,2W9 AUTHORIZATION CITY OF MERIDIAN, IDAHO HEROES PARK POND LINER REPLACEMENT CITY OF MERIDIAN CONSULTANT By v' Larry V. oifman,ce President Attest: `,`►�►t,►uiu►i�yr���i r Jaycee olman, City Cyirk ri eith Watts, Purchasing Agent C-Ij 041 Public Works Department Approved by City Council 7 cPa? 0 Page 8 of 8 April 30, 2009 RECEIVED JUN 2 32009 CITY OFOWwqao CITY CLERKS OFFICE I -11� I& 1=1 To: Jaycee Holman; Tara Green From: Clint Dolsby, P.E., Assistant City Engineer CC: Becky Licari, Administrative Secretary Warren Stewart, P.E., Engineering Manager Thomas Bary, P.E.G, Public Works Director Roxanne Holland, E.I.T., Staff Engineer Date: June 23, 2009 Re: Proposed Agenda Item for July 7, 2009 City Council Meeting The Public Works Department respectfully requests the following items be placed on the July 7 City Council agenda, under Consent Agenda, for Council's consideration: Task Order No. 10008 — Heroes Park Pond Liner Replacement and Reclaimed Water Distribution and Storage Improvements. HDR Engineering, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $37,957. This work will be done in accordance with the HDR Master Agreement for Professional Services dated January 24, 2007 and will be paid for using funds from the Enterprise Fund for PreDesign of Capital Projects (60-3590-96151). This project provides design services, permitting services, bid period services, and services during construction for the replacement of the pond liner at Heroes Park to comply with seepage requirements outlined in the Heroes Park Reuse Permit. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Task Order No. 10008 — Heroes Park Pond Liner Replacement and Reclaimed Water Distribution and Storage Improvements with HDR Engineering, Inc. for $37,957.00 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you havt�Mn quest any of these items. 0 Page 1 TASK ORDER NO. 10009 CITY OF MERIDIAN (OWNER) AND HDR ENGINEERING, INC. (CONSULTANT) This Task Order is issued by Owner and accepted by the Consultant pursuant to the mutual promises, covenants and conditions contained in the Master Services Agreement between the above named parties, dated January 24, 2007. SCOPE OF SERVICES CITY OF MERIDIAN, IDAHO HEROES PARK POND LINER REPLACEMENT AND RECLAIMED WATER DISTRIBUTION AND STORAGE IMPROVEMENTS BACKGROUND Rapid growth in the City of Meridian has challenged City infrastructure managers to increase capacity of the City public works services. Several factors are straining the services provided by the City's departments: (1) The pending effluent phosphorus limitations resulting from the Snake River Hells Canyon Total Maximum Daily Loads (TMDL) and Boise River Phosphorus Load Allocations will require a greater investment in wastewater treatment facility performance than under the current (expired) National Pollutant Discharge Elimination System (NPDES) permit; (2) The City's municipal water rights will become stressed as growth continues at a record pace, if alternate sources of water supply are not identified; (3) The available supply of irrigation water is limited and the grass at City parks may become strained. These issues are forcing infrastructure managers to think holistically about the City's water resources; and (4) The NPDES under which the City is currently operating its wastewater treatment facility includes a 7 million gallon per day limit. The flow limit in the City's NPDES discharge permit was exceeded one time in the summer of 2008 and could be exceeded in the summer of 2009 if alternative effluent management strategies are not executed soon. The Idaho Department of Environmental Quality (DEQ) administers the Rules for the Reclamation and Reuse of Municipal and Industrial Wastewater (aka, Reuse Rules or IDAPA 58.01.17). These rules are established to regulate the quality of reused water and identify the allowable uses of reclaimed water. The Reuse Rules state, "It is the policy of the Department to promote the practice of reuse of both municipal and industrial reclaimed wastewater through the continued creation and implementation of rules and guidance that give permittees various opportunities for new forms of reuse." This policy enables the City of Meridian to manage its reclaimed water as a source of irrigation water to either replace or supplement the supply of irrigation water from the irrigation districts. Page 1 of 8 AprU30, zoos The City will be producing Class A reclaimed water. This is the highest quality of reclaimed water in Idaho. This water will undergo advanced filtration and disinfection to very stringent levels. On May 8, 2007, HDR submitted the Water Reclamation and Reuse Permit Application on behalf of City to DEQ for approval to irrigate Heroes Park with Class A reclaimed water from the City's wastewater treatment plant. This permit application was conducted under Task Order No. 1 of the Master Service Agreement. A draft permit for use of Class A reclaimed water at Heroes Park was received on June 18, 2008. HDR also designed minor reclaimed water disinfection and distribution improvements to deliver reclaimed water to Heroes Park. The design was performed under Task Order No. 4 of the Master Services Agreement with the City of Meridian. These improvements were constructed in the summer of 2008. Since these designs were prepared, the Public Works Department had discovered that the irrigation storage pond at Heroes Park is susceptible to leaking. The Reuse Rules require reclaimed water storage facilities to pass a seepage test which is included as a compliance activity (#CA -215-04) in the City's Heroes Park Reuse Permit. This test must be conducted prior to storage or application of reclaimed water and is currently underway. This task order is focused on design services, permitting services, bid period services, and services during construction for the replacement of the liner at Heroes Park as well as seepage test assistance. Project Characteristics: • Irrigation storage pond size is approximately 1.0 million gallons over 0.4 acres at full capacity. AUTHORIZATION The State of Idaho requires the that the selection of engineering services be performed through a qualifications based process. HDR was competitively selected to perform design services for the City of Meridian on November 14, 2006 through the request for qualifications for Engineering Services for Public Works. In addition, HDR was selected through a separate request for qualifications to perform reclaimed water planning services on September 10, 2008. Idaho Statute Title 67 Chapter 23 is focused on Professional Service Contracts with Design Professionals, Construction Managers and Professional Land Surveyors. Paragraph 4 of this statute allows the City to contract with HDR Engineering, Inc. for the design services identified in this task order. When a public agency or political subdivision of the state has previously awarded a professional services contract to a person or firm for an associated or phased project the public agency or political subdivision may, at its discretion, negotiate an extended or new professional services contract with that person or firm. A The City of Meridian desires to extend its professional services contract with HDR Engineering, Inc. for this project associated with services previously provided to the City. PROPOSED SCOPE OF SERVICES Task 1. Project Management Task 2. Preliminary Design of Heroes Park Irrigation Storage Pond Liner Replacement Task 3. Seepage Testing Assistance Page 2 of 8 April 30, 2009 1 lam\ TASK 1. PROJECT MANAGEMENT Objective Prepare and implement a project management plan; provide scope, schedule, and cost control services; and initiate and attend project coordination meetings during Phase 1 of the project scope. Approach • Communicate frequently to the client and the project team through progress reports, project meetings, and email communications. • Monitor Consultant team progress; delegate task assignments and responsibilities by discipline through the course of the project phase; and coordinate issues of project phase with City's Project Manager. • Track project labor and expenses on a weekly basis. • Prepare progress reports and invoices that summarize the work progress to date, the budget expenditures to date, and identify any information requirements or decisions that need to be made by the City (1 copy each month). • Prepare a draft letter to Idaho DEQ regarding irrigation of the farmland owned by the City surrounding the wastewater treatment plant. • Review DEQ comments and questions and provide draft response to City for review and submittal to DEQ. • Provide quality control review of project deliverables. City Involvement • Interface with Consultant on project issues. • Process invoices within 30 days of receipt. Assumptions • If the scope changes during the life of the project, modification to the original contract agreement will be required per the terms and conditions of the agreement. • Invoice format will follow standard format by the Consultant. Deliverables Progress reports and invoices (1 copy each month). TASK 2. PRELIMINARY DESIGN OF HEROES PARK IRRIGATION STORAGE POND LINER REPLACEMENT Objective Prepare a preliminary design for a replacement of the liner for the existing irrigation storage pond at Heroes Park. Page 3 of 8 April 30, 2009 Approach • Investigate the existing irrigation storage pond to determine requirements to meet IDAPA 58.01.17 - Rules for the Reclamation and Reuse of Municipal and Industrial Wastewater and IDAPA 58.01.16 - Wastewater Rules, for storage of reclaimed water. • Prepare draft project technical specifications (Division 1 through 16) using the Consultant's standard master specifications. • A preliminary drawing list for Heroes Park Irrigation Storage Pond Liner Replacement Improvements includes: 1. G-01 Index 2. G-02 Symbols and Abbreviations 3. G-03 General Notes 4. C-01 Heroes Park Irrigation Storage Pond Existing Conditions — Plan and Section 5. C-02 Heroes Park Irrigation Storage Pond Liner Replacement — Plan and Section 6. C-03 Liner Sections and Details 7. C-04 Liner Sections and Details 8. L-01 Landscaping Plan and Details • Conduct a quality control review of task deliverables prior to release of deliverables to the City. City Involvement • Provide coordination responsibility of front end (Division 0) specifications. • Provide comments on pre -final submittal of Contract Documents. Assumptions • Specifications will follow the Construction Specifications Institute (CSI) 16 division format. • Electrical and instrumentation is not required for this construction contract. • Drawings will be prepared on AutoCAD Release 2008. • The Consultant's engineering and equipment standard details will be used, unless a City Standard Detail is available. • If the scope of work changes significantly during the design phase, a contract amendment may be required. Dellverables • Preliminary plans and technical specifications in electronic (pdf) format. Page 4 Of 8 April 30, 2009 TASK 3. SEEPAGE TESTING ASSISTANCE Objective Conduct seepage testing Compliance Activity #CA -215-04 outlined in Heroes Park Reuse Permit. Approach • Prepare seepage test plan in form of Technical Memorandum and submit to DEQ. • Coordinate seepage test plan with seepage test field contractor. • Review ongoing seepage test data to determine potential for pond's passing or failing the seepage test and advise City on best courses of action. • Coordinate potential seepage test procedure modifications with City, seepage test subcontractor and DEQ. • Evaluate pond bypass pipe installation feasibility and budgetary cost in the event the pond fails the seepage test. • Review draft Seepage Test Report prepared by subcontractor prior to submitting to City for review. • Submit final Seepage Test Report to DEQ. • Respond to DEQ comments. City Involvement • Provide comments on draft Seepage Test Report. Assumptions • Subcontractor will be used to conduct seepage test field work and Seepage Test Report. Deliverables • Draft Seepage Test Report in pdf format. • Final Seepage Test Report. Page 5 of 8 April 30, 2009 PROJECT SCHEDULE CITY OF MERIDIAN, IDAHO HEROES PARK POND LINER REPLACEMENT The project schedule for performing the task order is as follows: Activity Completion Date Progress Reports and Invoices Monthly Preliminary plans and technicalspecifications March 13, 2009 Opinion of probable construction cost March 13, 2009 Seepage Testing Assistance May 20, 2009 Page 6 of 8 April 30, 2009 COMPENSATION CITY OF MERIDIAN, IDAHO HEROES PARK POND LINER REPLACEMENT The estimated cost to complete this Scope of Work is presented in the table below. Task Budget Task 1 - Project Management $6,423 Task 2 - Preliminary Design of Heroes Park Irrigation Storage Pond Liner Replacement $19,607 Task 3 — Seepage Testing Assistance $11,927 Total $37,957 HDR will invoice Meridian for professional services described in this Proposal on a time and materials basis. For the activities described in the Scope of Services, HDR estimates a professional services fee of not to exceed $37,957 without written authorization from the City. Page 7 of 8 April 30, 2009 IMM AUTHORIZATION CITY OF MERIDIAN, IDAHO HEROES PARK POND LINER REPLACEMENT CITY OF MERIDIAN By: Attest: Tammy de Weerd, Mayor Jaycee Holman, City Clerk Keith Watts, Purchasing Agent ( i-:�A `/c -t-� Public Works Department Approved by City Council CONSULTANT Larry V. 6ffman, V ce President Page 8 of 8 April 30, 2009 L_!M TASK ORDER NO. 10009 CITY OF MERIDIAN (OWNER) AND HDR ENGINEERING, INC. (CONSULTANT) This Task Order is issued by Owner and accepted by the Consultant pursuant to the mutual promises, covenants and conditions contained in the Master Services Agreement between the above named parties, dated January 24, 2007. SCOPE OF SERVICES CITY OF MERIDIAN, IDAHO HEROES PARK POND LINER REPLACEMENT AND RECLAIMED WATER DISTRIBUTION AND STORAGE IMPROVEMENTS BACKGROUND Rapid growth in the City of Meridian has challenged City infrastructure managers to increase capacity of the City public works services. Several factors are straining the services provided by the City's departments: (1) The pending effluent phosphorus limitations resulting from the Snake River Hells Canyon Total Maximum Daily Loads (TMDL) and Boise River Phosphorus Load Allocations will require a greater investment in wastewater treatment facility performance than under the current (expired) National Pollutant Discharge Elimination System (NPDES) permit; (2) The City's municipal water rights will become stressed as growth continues at a record pace, if alternate sources of water supply are not identified; (3) The available supply of irrigation water is limited and the grass at City parks may become strained. These issues are forcing infrastructure managers to think holistically about the City's water resources; and (4) The NPDES under which the City is currently operating its wastewater treatment facility includes a 7 million gallon per day limit. The flow limit in the City's NPDES discharge permit was exceeded one time in the summer of 2008 and could be exceeded in the summer of 2009 if alternative effluent management strategies are not executed soon. The Idaho Department of Environmental Quality (DEQ) administers the Rules for the Reclamation and Reuse of Municipal and Industrial Wastewater (aka, Reuse Rules or IDAPA 58.01.17). These rules are established to regulate the quality of reused water and identify the allowable uses of reclaimed water. The Reuse Rules state, "It is the policy of the Department to promote the practice of reuse of both municipal and industrial reclaimed wastewater through the continued creation and implementation of rules and guidance that give permittees various opportunities for new forms of reuse." This policy enables the City of Meridian to manage its reclaimed water as a source of irrigation water to either replace or supplement the supply of irrigation water from the irrigation districts. Page 1 of 8 April 30, 2009 1 LR The City will be producing Class A reclaimed water. This is the highest quality of reclaimed water in Idaho. This water will undergo advanced filtration and disinfection to very stringent levels. On May 8, 2007, HDR submitted the Water Reclamation and Reuse Permit Application on behalf of City to DEQ for approval to irrigate Heroes Park with Class A reclaimed water from the City's wastewater treatment plant. This permit application was conducted under Task Order No. 1 of the Master Service Agreement. A draft permit for use of Class A reclaimed water at Heroes Park was received on June 18, 2008. HDR also designed minor reclaimed water disinfection and distribution improvements to deliver reclaimed water to Heroes Park. The design was performed under Task Order No. 4 of the Master Services Agreement with the City of Meridian. These improvements were constructed in the summer of 2008. Since these designs were prepared, the Public Works Department had discovered that the irrigation storage pond at Heroes Park is susceptible to leaking. The Reuse Rules require reclaimed water storage facilities to pass a seepage test which is included as a compliance activity (#CA -215-04) in the City's Heroes Park Reuse Permit. This test must be conducted prior to storage or application of reclaimed water and is currently underway. This task order is focused on design services, permitting services, bid period services, and services during construction for the replacement of the liner at Heroes Park as well as seepage test assistance. Project Characteristics: • Irrigation storage pond size is approximately 1.0 million gallons over 0.4 acres at full capacity. AUTHORIZATION The State of Idaho requires the that the selection of engineering services be performed through a qualifications based process. HDR was competitively selected to perform design services for the City of Meridian on November 14, 2006 through the request for qualifications for Engineering Services for Public Works. In addition, HDR was selected through a separate request for qualifications to perform reclaimed water planning services on September 10, 2008. Idaho Statute Title 67 Chapter 23 is focused on Professional Service Contracts with Design Professionals, Construction Managers and Professional Land Surveyors. Paragraph 4 of this statute allows the City to contract with HDR Engineering, Inc. for the design services identified in this task order. When a public agency or political subdivision of the state has previously awarded a professional services contract to a person or firm for an associated or phased project the public agency or political subdivision may, at its discretion, negotiate an extended or new professional services contract with that person or frnn. A The City of Meridian desires to extend its professional services contract with HDR Engineering, Inc. for this project associated with services previously provided to the City. PROPOSED SCOPE OF SERVICES Task 1. Project Management Task 2. Preliminary Design of Heroes Park Irrigation Storage Pond Liner Replacement Task 3. Seepage Testing Assistance Page 2 of 8 April 30, zoos I -DR TASK 1. PROJECT MANAGEMENT Objective Prepare and implement a project management plan; provide scope, schedule, and cost control services; and initiate and attend project coordination meetings during Phase 1 of the project scope. Approach • Communicate frequently to the client and the project team through progress reports, project meetings, and email communications. • Monitor Consultant team progress; delegate task assignments and responsibilities by discipline through the course of the project phase; and coordinate issues of project phase with City's Project Manager. • Track project labor and expenses on a weekly basis. • Prepare progress reports and invoices that summarize the work progress to date, the budget expenditures to date, and identify any information requirements or decisions that need to be made by the City (1 -copy eac month): • Prepare a draft letter to Idaho DEQ regarding irrigation of the farmland owned by the City surrounding the wastewater treatment plant. • Review DEQ comments and questions and provide draft response to City for review and submittal to DEQ. • Provide quality control review of project deliverables. City Involvement • Interface with Consultant on project issues. • Process invoices within 30 days of receipt. Assumptions • If the scope changes during the life of the project, modification to the original contract agreement will be required per the terms and conditions of the agreement. • Invoice format will follow standard format by the Consultant. Deliverables • Progress reports and invoices (1 copy each month). TASK 2. PRELIMINARY DESIGN OF HEROES PARK IRRIGATION STORAGE POND LINER REPLACEMENT Objective Prepare a preliminary design for a replacement of the liner for the existing irrigation storage pond at Heroes Park. Page 3 of 8 April 30, zoos I i! Approach • Investigate the existing irrigation storage pond to determine requirements to meet IDAPA 58.01.17 - Rules for the Reclamation and Reuse of Municipal and Industrial Wastewater and IDAPA 58.01.16 - Wastewater Rules, for storage of reclaimed water. • Prepare draft project technical specifications (Division 1 through 16) using the Consultant's standard master specifications. • A preliminary drawing list for Heroes Park Irrigation Storage Pond Liner Replacement Improvements includes: 1. G-01 Index 2. G-02 Symbols and Abbreviations 3. G-03 General Notes 4. C-01 Heroes Park Irrigation Storage Pond Existing Conditions — Plan and Section 5. C-02 Heroes Park Irrigation Storage Pond Liner Replacement — Plan and Section 6:- C-03 Liner Sections and.-Details------ 7. nd-Details---- 7. C-04 Liner Sections and Details 8. L-01 Landscaping Plan and Details • Conduct a quality control review of task deliverables prior to release of deliverables to the City. City Involvement • Provide coordination responsibility of front end (Division 0) specifications. • Provide comments on pre -final submittal of Contract Documents. Assumptions • Specifications will follow the Construction Specifications Institute (CSI) 16 division format. • Electrical and instrumentation is not required for this construction contract. • Drawings will be prepared on AutoCAD Release 2008. • The Consultant's engineering and equipment standard details will be used, unless a City Standard Detail is available. • If the scope of work changes significantly during the design phase, a contract amendment may be required. Deliverables • Preliminary plans and technical specifications in electronic (pdf) format. Page 4 of 8 April 30, 2009 I-aq TASK 3. SEEPAGE TESTING ASSISTANCE Objective Conduct seepage testing Compliance Activity #CA -215-04 outlined in Heroes Park Reuse Permit. Approach • Prepare seepage test plan in form of Technical Memorandum and submit to DEQ. • Coordinate seepage test plan with seepage test field contractor. • Review ongoing seepage test data to determine potential for pond's passing or failing the seepage test and advise City on best courses of action. • Coordinate potential seepage test procedure modifications with City, seepage test subcontractor and DEQ. • Evaluate pond bypass pipe installation feasibility and budgetary cost in the event the pond fails the seepage test. Review draft Seepage Test Report prepared by subcontractor prior to submitting to City for review. • Submit final Seepage Test Report to DEQ. • Respond to DEQ comments. City Involvement • Provide comments on draft Seepage Test Report. Assumptions • Subcontractor will be used to conduct seepage test field work and Seepage Test Report. Deliverables • Draft Seepage Test Report in pdf format. • Final Seepage Test Report. Page 5 of 8 April 30, 2009 PROJECT SCHEDULE CITY OF MERIDIAN, IDAHO HEROES PARK POND LINER REPLACEMENT The project schedule for performing the task order is as follows: Activity Completion Date -Progress Reports and Invoices Month! Preliminary plans and technicalspecifications March 13 2009 Opinion of probable construction cost March 13, 2009 Seepage Testing Assistance Mav 20, 2009 Page 6 of 8 April 30, 2009 HaR COMPENSATION CITY OF MERIDIAN, IDAHO HEROES PARK POND LINER REPLACEMENT The estimated cost to complete this Scope of Work is presented in the table below. Task Budget Task 1 - Project Management $6,423 Task 2 - Preliminary Design of Heroes Park Irrigation Storage Pond Liner Replacement $19,607 Task 3 — Seepage Testing Assistance $11,927 Total $37,957 HDR will invoice Meridian for professional services described in this Proposal on a time and materials basis. For the activities described in the Scope of Services, HDR estimates a professional services fee of not to exceed $37,957 without written authorization from the City. Page 7 of 8 Apd130, 2009 faq AUTHORIZATION CITY OF MERIDIAN, IDAHO HEROES PARK POND LINER REPLACEMENT CITY OF MERIDIAN By: Tammy de Weerd, Mayor Attest: Jaycee Holman, City Clerk Keith Watts, Purchasing Agent Public Works Departm nt Approved by City Council CONSULTANT A a /� 4 � Larry V.'Hoffman, Vice President Page 8 of 8 April 30, 2009 July 2, 2009 MERIDIAN CITY COUNCIL MEETING July 7, 2009 APPLICANT ITEM NO. 5-I REQUEST Contract with AME Electric Inc. for PRV SCADA Installation for $55,955.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Ctiy of Meridlon. AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES PRV SCADA INSTALL PROJECT 0767 THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this c�'�fi day of JUNE, 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 A.M.E. ELECTRIC, INC, hereinafter referred to as "CONTRACTOR", whose business address is 3621 Arthur St. Caldwell, ID 83605 and whose Public Works Contractor License # is C- 11544 and whose Electrical Contractor License # is C-2854.. INTRODUCTION Whereas, the City has a need for services involving PRV SCADA Installation: 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 PRV SCADA INSTALL PW -09-013A page 1 of 12 copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a 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 $55.955.00 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, PRV SCADA INSTALL PW -09-013A page 2 of 12 Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, 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 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. 3.3 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. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or C. Death of Contractor 3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 45 working days (excluding weekends and City observed holidays) to complete the work as described herein. Working days will be defined as Monday through Friday during the hours of 8:00 a.m. to 5:00 p.m. Contractor shall be liable to the City for any delay beyond this time period in the amount of three hundred dollars 00.00 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 PRV SCADA INSTALL PW -09-013A page 3 of 12 and not be construed as a penalty. 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 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. PRV SCADA INSTALL PW -08-013A page 4 of 12 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 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 PRV SCADA INSTALL PW -09-013A page 5 of 12 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. 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, crash 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: PRV SCADA INSTALL PW -09-013A page 6 of 12 City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 A.M.E. Electric, Inc Attn: Mike Tenhulzen 3621 Arthur St. Caldwell, ID 83605 208-459-8959 Idaho Public Works License M C-11544 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 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. 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 PRV SCADA INSTALL PW -09-013A page 7 of 12 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. 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 PRV SCADA INSTALL PW -09-013A page 8 of 12 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, 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 j�BY: TAMMtdpWEERD, MAYOR Dated: 9 - `i - a9 A.M.E. ELECTRIC, INC — A41*WLO S. TeJu lzery BY: Dated: &- Z 4 -0'1 Approved by My Council:A....I 0f: Attest: �oTFo s JAYCEE L. KULMAN, CITY CLERK 0"'9d PRV SCADA INSTALL PW- page 9 of 12 Approved as to Content BY: KEITH WATTS, PTJ RQ SING AGENT Dated: 6- 2-2- 09 Approved as to Form CITY ATTORNEY Department Approval BY:'�XPiNNP, �4UA--J1b NAME: u �V TITLE: TA's "IN EE1Z Dated: Off '23- 00? PRV SCADA INSTALL PW -09-013A page 10 of 12 Attachment B PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed DESCRIPTION Furnish all labor, materials, equipment, and Incidentals as required for the PRV SCADA Install, per the drawings and specifications In Invitation for Bid # PW -09- 013A LUMP SUM TOTAL: ....................................................................... $56&955.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. PRV SCADA INSTALL PW -09-013A page 12 of 12 Memo To: Jaycee Holman; Tara Green From: Roxanne Holland, E.I.T., Staff Engineer CQ Kyle Radek, P.E., Assistant City Engineer Clint Worthington, P.E., Staff Engineer Warren Stewart, P.E., Engineering Manager Thomas Barry, P.E.G, Public Works Director Becky Licari, Administrative Secretary Date: June 23, 2009 Re: Proposed Agenda Item for July 7, 2009 City Council Meeting RECEIVE JUN 2 3 2009 CITY OF OW04�.�. CITY CLERKS OFFICE The Public Works Department respectfully requests the following items be placed on the July 7 City Council agenda, under Consent Agenda, for Council's consideration: PRV SCADA Installation. A.M.E. Electric, Inc. has submitted a low bid of $55,955.00 to install electrical equipment, radios and PLCs at four PRV locations in Meridian. This project is necessary to monitor and control the PRV's that currently do not have SCADA controls. The installation of SCADA controls will be paid using funds from the Enterprise Fund for Water Line Extensions (60-3490-96140). Recommended Council Action: The Public Works Department recommends that City Council approves the contract for PRV SCADA Installation with A.M.E. Electric, Inc. for $55,955.00 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 /^ S�61Z'Iloq ax AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES PRV SCADA INSTALL PROJECT 0767 THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this day of JUNE, 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 A.M.E. ELECTRIC. INC. hereinafter referred to as "CONTRACTOR", whose business address is 3621 Arthur St, Caldwell, ID 83605 and whose Public Works Contractor License # is C- 11544 and whose Electrical Contractor License # is C-2854.. INTRODUCTION Whereas, the City has a need for services involving PRV SCADA Installation: 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 PRV SCADA INSTALL PW -09-013A page 1 of 12 copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a 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 $55,955.00 as provided in Attachment 8 "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, PRV SCADA INSTALL PW -09-013A page 2 of 12 Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, 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 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. 3.3 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. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or C. Death of Contractor 3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 45 working days (excluding weekends and City observed holidays) to complete the work as described herein. Working days will be defined as Monday through Friday during the hours of 8:00 a.m. to 5:.00 p.m. Contractor shall be liable to the City for any delay beyond this time period in the amount of three hundred dollars 300.00 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 PRV SCADA INSTALL PW -09-013A page 3 of 12 and not be construed as a penalty. 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 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. PRV SCADA INSTALL PW -09-013A page 4 of 12 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 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 PRV SCADA INSTALL PW -09-013A page 5 of 12 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. 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 $25,400.40 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: PRV SCADA INSTALL PW -09-013A page 6 of 12 City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 A.M.E. Electric, Inc Attn: Mike Tenhulzen 3621 Arthur St. Caldwell, ID 83605 208-459-8959 Idaho Public Works License #: C-11544 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 PRV SCADA INSTALL PW -09-013A page 7 of 12 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. 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 PRV SCADA INSTALL PW -09-013A, page 8 of 12 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, 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 1W TAMMY de WEERD, MAYOR Dated: Approved by City Council: Attest: JAYCEE L. HOLMAN, CITY CLERK PRV SCADA INSTALL PW -09-013A A.M.E. ELECTRIC, INC —1141.4- S. TeAj BY: Dated: (- e- q - W3 page 9 of 12 Approved as to Content BY: KEITH WATTS, Ff(JRGOASING AGENT Dated:-- 6-- 22- d t Approved as to Form CITY ATTORNEY Department Approval BY: -�xAN NR tPUA`J b NAME Gc ] GLu cc__0 TITLE: _fTf,-r+ Dated: O(,P`23-y`�? PRV SCADA INSTALL PW -09-013A page 10 of 12 Attachment A SCOPE OF WORK PRV SCADA INSTALLATION REFER TO INVITATION TO BID PW -09-013A ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PVN -09-013A, are by this reference made a part hereof. PRV SCADA INSTALL PW -09-013A page 11 of 12 Attachment B PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed DESCRIPTION Furnish all tabor, materials, equipment, and incidentals as required for the PRV SCADA Install, per the drawings and specifications in Invitation for Bid # PW -09- 013A LUMPSUM TOTAL: ....................................................................... $55,955.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. PRV SCADA INSTALL PW -09-013A page 12 of 12 J u ly 2, 2009 MERIDIAN CITY COUNCIL MEETING July 7, 2009 APPLICANT ITEM NO. S -J REQUEST Initial Point Gallery Acceptance Agreement with Joni Frey AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See alfached 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. ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: TERMS AND CONDITIONS OF DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made this _ day of JIoli<11j 2009 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Joni Frey, an individual person whose address is 677 W. Sandstone Court, Boise, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on February 9, 2009, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery in or around March 27, 2009 to April 24, 2009; WHEREAS, at its regular meeting on February 10, 2009, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery in or around March 27, 2009 to April 24, 2009; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on June 26, 2009, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, approximately twenty-eight (28) watercolor paintings, which paintings shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on June 26, 2009 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from June 26, 2009 to July 24, 2009 in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on July 24, 2009, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 1 of 6 II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display her artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any artwork on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto as Exhibit C, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and C, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 of 6 V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for about one (1) month, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist, her servants, agents, employees, guests, and/or business invitees. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 of 6 B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time with immediate notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non -waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 of 6 VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require her artistic talent or expertise. Artist may subcontract or assign obligations that do not require her artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 of 6 Artist: Joni Frey 677 W. Sandstone Ct. Boise, Idaho 83702 (208) 433-9976 freyfam@clearwire.net Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com C Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the � _ day of 2009. ARTIST: Joni Vey STATE OF IDAHO ) ss: County of ) I HEREBY CERTIFY that on this / S Y day of, 2009, before the undersigned, a Notary Public in the State of Idaho, personally appeared JONI FREY, known met be the person who executed the said instrument, and acknowledged to me that she executed the same. IN WITNESS V_i3 REOF,. j have hereunto set my hand and affixed my official seal, the day and year in this certificate first abovq; ,ritti CITY OF ME" r ` h BY: Tammy d rd, r Attest: —, L -/, Jaycee lVman, Cit; ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY Notary Public for Idaho Residing at I —t Idaho My Commission Expires: ;i —..) 3 '/ 0 i 1 r EAL Clerk b'0 ,F® aT 1SZ •, .� � \a\�`� PAGE 6 of 6 Exhibit A Meridian 1 Commission Call for Artists: 2009 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the 2009 Initial Point Gallery Series, a series of two-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space -60 feet on either side of a generous space; featured artists or organizations must be prepared to fill all or half of the gallery with their works. MAC requests that artists voluntarily donate to MAC 20% of proceeds from works sold due to their display in Initial Point Gallery. ELIGIBILITY: The 2009 Initial Point Gallery Series is to be comprised solely of professional -quality, ready -to -hang, two-dimensional, original art that Is conceived and created by artists who live or work in Idaho's Treasure Valley. Artwork on paper and/or with mats must be under glass or acrylic. No piece will be displayed which: cannot be safely hung using the gallery's system; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for Its compliance with these general requirements; selected artists or organizations will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2009 initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application $ Acknowledgements form; • Biography of the artist or informational statement regarding organization; • Letter of Intent; • Up to five digital images representational of the artist/organization's work, on a CD; and • $35 gallery maintenance fee. Details and forms are available at the City's website, http://www.meridiandty.org or by e-mail request to mac@merldiancity.ong. Materials submitted for consideration cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, February 6, 2009. SELECTION PROCESS: The selection of art for the 2009 Initial Point Gallery Series will be made by MAC. MAC will notify a selected artist or organization that their work has been chosen for display in Initial Point Gallery by letter sent U.S. Mail. In reviewing eligible proposals or portfolios, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Skilled, experienced volunteers to assist with hanging and taking down each piece of artwork, • Track system for hanging art, using wires that are attached to hooks; • Space for artist information and/or an information board; and • Publicity of the exhibit through local media and other Informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: 2009 Initial Point Gallery Series 33 East Broadway Meridian ID 83642 By e-mail: macomerldiancity.org Exhibit B Merildian Commission Application Et Acknowledgments: 2009 INITIAL POINT GALLERY SERIES ARTIST/ORGANIZER CONTACT INFORMATION: Check one: X I am submitting this form as an individual artist. \_ ❑ 1 am submitting this form on behalf of an organization. Artist/Org. Name: JOh.I �re� Organizer name: E-mail address: Mailing Address: Physical Address: Phone numbers: APPLICATION OVERVIEW: Check one: ❑ 1/we propose to fill one half of Initial Point Gallery with artwork. K I/we propose to fill the entire Initial Point Gallery thartwork. Number of pieces: 28 Average size of pieces: 'Z1 X (8 APPLICATION MATERIALS: k Completed, signed Application Et Acknowledgements Form Biography of artist or informational statement regarding organization, no longer than one 816 x 11" page; Jq A letter of intent, describing: • Artist/Organization's vision for and/or theme of the exhibition; • Number, dimensions, prices, and medium or media utilized in the works to be displayed; • Any publicity that the Artist/Organization plans to undertake if selected; and/or • Any atypical issues or challenges regarding hanging or display of the works proposed for display. $f Up to five digital images representation of the artist's/organization's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in .Jpg format. Please name each image file with artist last name or organization name and the title of the work (e.g.: name.title.jpg). Materials submitted will not be returned. Damaged or non-compliant CDs and/or images will not be considered. Jff $35 gallery maintenance fee; check made payable to the Meridian Arts Commission. This fee is nonrefundable. HANGING INFORMATION: Initial Point Gallery is equipped with a track system for hanging exhibits. Artwork displayed in the gallery will be hung, from cables using hooks, and therefore must be equipped with one D ring on the back of the frame, or two D rings on..;. the side rails on the back of the frame, as illustrated below. Wires or eyehooks may not be used for hanging, and clip frames are not allowed. PiCIffe Weal With TWO motes Putters HaWing Veth One Cade APPLICATION AND ACKNowLEDGEMENT - 2009 INITIAL POINT GALLERY SERIES February 3, 2009 Dear Members of the Commission, I respectfully request that you consider showing my artwork as part of the Initial Point Gallery Series. I propose to show twenty eight pieces of original artwork. Most of my work is in watercolor, but I've included a few pieces of a similar theme that are done with pastel and color pencil. Included is an artist's statement pertaining to the work, and a list of the pieces. All are matted, framed, and under glass or Plexiglas. The sizes listed are of the framed pieces. If selected, I will send out announcements to my personal mailing list of approximately 50 households in the Valley. The Idaho Watercolor Society announces member shows in their newsletter which is distributed to members throughout the State. Thank you for your consideration, Sincerely, Artist's Statement/ EVERYDAY MAGIC I seek to paint the magic that I see in very ordinary things. My subjects are the kinds of things you see everyday. We each have our own personal way of seeing the world around us. My view as an artist focuses on close-up vignettes, little worlds of beauty; the shadows and colors of the rocks I walk over, the light reflected on a piece of a building I might see every day, the birds enlivening the back yard or the river beside the trail. It is my view of the world that we all live in. Idaho is a place of great beauty. It is easy to appreciate our mountains, rivers, lakes and wildlife. The natural world is very available to us. But I invite you to look even in the weeds, into the water, between and under the rocks. You can think of life as one long meandering journey. If you are paying attention, if you slow down and walk, you will see some wonderful things along the way. Yes, we experience big scenic vistas and adventures occasionally, but the everyday stuff of life is also full of gems. Sometimes our daily walk takes an interesting turn. Last fall, I had the opportunity to go with friends and hike across the Grand Canyon. There wasn't much time to linger. It is a long way across. But as I walked, stepping over rocks, trying not to trip, I had a sense of going "through". One goes down into the earth, through the layers. We were surrounded by the layers. We saw the canyon close-up. I've been painting its layers, its rocks ever since. So in my paintings, you will find intimate glimpses of daily life. Each one of us sees with our own personal point of view. In my paintings, I hope you will find some of the magic I see in mine. Joni Frey LIST OF ARTWORK 1. Almost Ready 2 7 x 20 watercolor $250 2. May in the Gulch 2 7 x 20 watercolor $ 2 S0 3. Riding the Waves 26 x 21 watercolor $31S 4. The Immigrants 27 x 18 watercolor $380 5. Sonata in Geese 28 x 20 color pencil $250 6. Floating Jewels 2S x 19 pastel $ 2 50 7. Reflections 2S x 18 color pencil $250 8. Castle Cliffs 18 x 15 watercolor $175 9. Through the Ages 26 x 19 watercolor $250 10. Garden Below the Rim 24 x 19 watercolor $250 11. Canyon Shadows 24 x 19 watercolor $250 12. Rift 24 x 19 watercolor $31S 13. Improv 37 x 29 watercolor $380 14. Rock Patterns 24 x 18 watercolor $250 15. Surprise in the Canyon 16 x 20 watercolor $200 16. Snake Canyon 16 x 20 watercolor $200 17. Beneath 20 x 20 watercolor $200 18. Ripe with Color 28 x 22 watercolor $250 19. Warm at 40 Below 21 x 29 watercolor $250 20. Accumulations 21 x 24 watercolor $250 21. So Many Possibilities 28 x 28 watercolor $315 22. Deux Fenetres 30 x 26 watercolor $315 23. Patience Required 26 x 22 watercolor $31S 24. Last Leaves 14 x 16 watercolor $175 2 S. River Fun 18 x 22 watercolor $250 26. At the Edge 21 X 18 watercolor $250 27. Peppers 10 x 8 watercolor $50 28. Pears 10 x 8 watercolor $50 Toni Frey/ BIOGRAPHY Joni Frey was born in 1954 in Appleton, Wisconsin. She was raised on a farm near the east shore of Lake Winnebago. After earning a B.S. in Communications from the University of Wisconsin, she attended the Burnley School of Professional Art in Seattle. She then lived for nearly 10 years in Fairbanks, Alaska where she worked as an illustrator for the Bureau of Land Management. She lived adjacent to Denali Park for a summer where she observed, drew and painted a variety of large wild animals. She moved to northern Virginia with her husband where she spent most of the next 10 years raising their two children, and making paintings of them. In 1998, they happily moved to Boise, Idaho. Joni volunteers as a docent at the World Center for Birds of Prey. She has contributed to the displays at the Velma Morrison Visitor's Center there. Joni has shown her paintings in regional shows in Fairbanks, Alaska, Reston, Virginia, Alexandria, Virginia, and in Boise, Idaho. She is a member of, and frequently exhibits work with the Idaho Watercolor Society. She has exhibited a solo show at Davies -Reid in Boise. She continues to paint, draw, weave, bird -watch, hike, back -pack, snowshoe and enjoy beautiful Idaho. Exhibit C ACKNOWLEDGMENTS: I, r, , hereby acknowledge the following stipulations and agree that if my/my 0rg ization's artrk is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and condi s, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. C. Any insurance of the art work displayed in Initial Point Gallery shall be the sole responsibility of the artist. The City of Meridian shall not provide insurance to cover toss, theft, or damage of artwork displayed in Initial Point Gallery. D. While art work displayed in Initial Point Gallery may be passively offered for sale by means of an Informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month period, this period may be shortened by the City of Meridian for any reason, without notice to the artist. F. The City may display the work of more than one artist in Initial Point Gallery at any time, at the City's sole discretion. G. Art work submitted for display in Initial Point Gallery must be original works conceived and created by the artist (or by artist members of the organization) submitting this application. H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and art work meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement, shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and" K conditions. Signature: Print name: WtA Date: 1/2 zz I Q4 To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials, as follows: Via U.S. Mail: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Meridian ID 83642 Thank you for your interesti APPLICATION AND ACKNOWLEDGEMENT - 2009 INITIAL POINT GALLERY SERIES Tara Green From: Emily Kane Sent: Wednesday, July 01, 2009 1:50 PM To: Tara Green; Jaycee Holman Cc: Bill Nary Subject: Item for 7/7 CC Consent Agenda Follow Up Flag: Follow up Flag Status: Green Attachments: IPG Artist Acceptance Agreement - Joni Frey.pdf Hi. Will you please include the attached agreement on the City Council consent agenda for July 7? It can be entitled, "Initial Point Gallery Acceptance Agreement - Joni Frey." I will send the original down to you today. Thank you! Emily IPG Artist )tance Agreen Emily Kane Deputy City Attorney City of Meridian, Idaho Phone: 208-898-5506 Fax: 208-884-8723 E-mail: ekane@meridiancity.org ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: TERMS AND CONDITIONS OF DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement's is made this ,7 day of 7141 , 2009 ("Effective Date"), by and between the City of Meridian, a municipal corporation under the laws of the State of Idaho ("City"), and Joni Frey, an individual person whose address is 677 W. Sandstone Court, Boise, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on February 9, 2009, the Meridian Arts Commission ("Commission"} reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery in or around March 27, 2009 to April 24, 2009; WHEREAS, at its regular meeting on February 10, 2009, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery in or around March 27, 2009 to April 24, 2009; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on June 26, 2009, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, approximately twenty-eight (28) watercolor paintings, which paintings shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on June 26, 2009 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from June 26, 2009 to July 24, 2009 in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on July 24, 2009, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT INITMI. POINT GALLERY DisPLAY PAGE 1 of 6 II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display her artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any artwork on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (24%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or .substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto as Exhibit C, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and C, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 of 6 V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in initial Point Gallery for about one (1) month, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist, her servants, agents, employees, guests, and/or business invitees. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 of 6 B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time with immediate notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non -waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 of 6 VI1I. GENERAL PROVISIONS. A. Relationship. of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require her artistic talent or expertise. Artist may subcontract or assign obligations that do not require her artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: ACCEPTANCE AGREEMENT INiTiAL PoiNT GALLERY DisPLAY PAGE 5 of 6 Artist: Joni Frey 677 W. Sandstone Ct. Boise, Idaho 83702 (208) 433-9976 freyfam@clearwire.net Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com C Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@,meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of a„ 2009. ARTIST: Joni Vey STATE OF IDAHO ) ss: County of ) I HEREBY CERTIFY that on this S r day of2009, before the undersigned, a Notary Public in the State of Idaho, personally appeared JONI FREY, known me be the person who executed the said instrument, and acknowledged to me that she executed the same. IN WITNESS tWHF1. REOF;,j have hereunto set my hand and affixed my official seal, the day and year in this certificate first above:�ircitt'eii Af i?;N, C spa a� eOa -'}fib CITY OF MEA��AP F Attest: Tammy de Weerd, Mayor Jaycee Holman, City Clerk NotO Public fQr Idaho Residing at f5b ! Lt Idaho My Commission Expires: —1 LO ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DisPLAY PAGE 6 of 6 Exhibit A Meridian 1 Commission Cal[ for Artists: 2009 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the 2009 Initial Point Gallery Series, a series of two-month exhibitions in initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway, Meridian, Idaho), and is open to the public during City working hours. Initial point Gallery provides 120 feet of total wall space -60 feet on either side of a generous space; featured artists or organizations must be prepared to fill all or half of the gallery with their works. MAC requests that artists voluntarily donate to MAC 20% of proceeds from works sold due to their display in Initial Point Gallery. ELIGIBILITY: The 2009 Initial Point Gallery Series is to be comprised solely of professional -quality, ready -to -hang, two-dimensional, original art that is conceived and created by artists who live or work in Idaho's Treasure Valley. Artwork on paper and/or with mats must be under glass or acrylic. No piece wilt be displayed which: cannot be safety hung using the gallery's system; requires unusuat maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements; selected artists or organizations wilt be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2009 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application & Acknowledgements form; • Biography of the artist or informational statement regarding organization; • Letter of intent; • Up to five digital images representational of the artist/organization's work, on a CD; and e $35 gallery maintenance fee. Details and forms are available at the City's website, http://www.merldiancity.org or by a -mail request to mac®merldiancity.org. Materials submitted for consideration cannot be returned. DEADLINE: Ali proposals must be received by MAC by 5:00 p.m. on Friday, February 6, 2009. SELECTION PROCESS: The selection of art for the 2009 Initial Point Gallery Series will be made by MAC. MAC will notify a selected artist or ° organization that their work has been chosen for display in Initial Point Gallery by letter sent U.S. Mail. In reviewing eligible proposals or portfolios, the following factors watt be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian wilt provide selected artists/organizations with the following resources: • Skilled, experienced volunteers to assist with hanging and taking down each piece of artwork; • Track system for hanging art, using wires that are attached to hooks; ' • Space for artist information and/or an information board; and • Publicity of the exhibit through local media and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: 2009 Initial Point Gallery Series 33 East Broadway Meridian ID 83642 By e-mail: mac@tnerldiancity.org /, Merildrian01 Application £t Acknowledgments: 2009 INITIAL POINT GALLERY SERIES ARTIST/ORGANIZER CONTACT INFORMATION: Check one: Jff I am submitting this form as an individual artist. Artist/Org. Name: Organizer name: E-mail address: Mailing Address: Physical Address: Phone numbers: 171 am submitting this form on behalf of an organization. JDVLI �r2y APPLICATION OVERVIEW: Check one: ❑ I/we propose to fill one half of Initial Point Gallery with artwork. K I/we propose to fill the entire Initial Point Gallery with artwork. Number of pieces: 2-S Average size of pieces: X4 X t$ APPLICATION MATERIALS: t" Completed, signed Application Et Acknowledgements Form A( Biography of artist or informational statement regarding organization, no longer than one 8% x 11" page; Jq A letter of intent, describing: a Artist/Organization's vision for and/or theme of the exhibition; a Number, dimensions, prices, and medium or media utilized in the works to be displayed; a Any publicity that the Artist/Organization plans to undertake if selected; and/or a Any atypical issues or challenges regarding hanging or display of the works proposed for display. $d Up to five digital images representation of the artist's/organization's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in . jpg format. Please name each image file with artist last name or organization name and the title of the work (e.g.: name.title. jpg). Materials submitted will not be returned. Damaged or non-compliant CDs and/or images will not be considered. 1ff $35 gallery maintenance fee; check made payable to the Meridian Arts Commission. This fee is nonrefundable. HANGING INFORMATION: Initial -Point Gatlery is equipped with a track system for hanging exhibits. Artwork displayed in the gallery will be hung. from cables using hooks, and therefore must be equipped with one D ring on the back of the frame, or two D rings on y. the side rails on the back of the frame, as illustrated below. Wires or eyehooks may not be used for hanging, and clip frames are not allowed. Picture Hanging With TWO Cables Picture Hanging vrlih One Cable APPLICATION AND ACKNOWLEDGEMENT - 2009 INITIAL PRINT GALLERY SERIES 0 February 3, 2009 Dear Members of the Commission, I respectfully request that you consider showing my artwork as part of the Initial Point Gallery Series. I propose to show twenty eight pieces of original artwork. Most of my work is in watercolor, but I've included a few pieces of a similar theme that are done with pastel and color pencil. Included is an artist's statement pertaining to the work, and a list of the pieces. All are matted, framed, and under glass or Plexiglas. The sizes listed are of the framed pieces. If selected, I will send out announcements to my personal mailing list of approximately 50 households in the Valley. The Idaho Watercolor Society announces member shows in their newsletter which is distributed to members throughout the State. Thank you for your consideration, Sincerely, Artist's_ Statement/ EVERYDAY MAGIC I seek to paint the magic that I see in very ordinary things. My subjects are the kinds of things you see everyday. We each have our own personal way of seeing the world around us. My view as an artist focuses on close-up vignettes, little worlds of beauty; the shadows and colors of the rocks I walk over, the light reflected on a piece of a building I might see every day, the birds enlivening the back yard or the river beside the trail. It is my view of the world that we all live in. Idaho is a place of great beauty. It is easy to appreciate our mountains, rivers, lakes and wildlife. The natural world is very available to us. But I invite you to look even in the weeds, into the water, between and under the rocks. You can think of life as one long meandering journey. If you are paying attention, if you slow down and walk, you will see some wonderful things along the way. Yes, we experience big scenic vistas and adventures occasionally, but the everyday stuff of life is also full of gems. Sometimes our daily walls takes an interesting turn. Last fall, I had the opportunity to go with friends and hike across the Grand Canyon. There wasn't much time to linger. It is a long way across. But as I walked, stepping over rocks, trying not to trip, I had a sense of going "through". One goes down into the earth, through the layers. We were surrounded by the layers. We saw the canyon close-up. I've been painting its .• ' . layers, its rocks ever since. So in my paintings, you will find intimate glimpses of daily life. Each one of us sees with our own personal point of view. In my paintings, I hope you will find some of the magic I see in mine. Joni Frey LIST OF ARTWORK 1. Almost Ready 27 x 20 watercolor $250 2. May in the Gulch 27 x 20 watercolor $250 3. Riding the Waves 26 x 21 watercolor $315 4. The Immigrants 27x 18 watercolor $380 S. Sonata in Geese 28 x 20 color pencil $250 6. Floating Jewels 25 x 19 pastel $250 7. Reflections 25 x 18 color pencil $250 8. Castle Cliffs 18 x 15 watercolor $175 9. Through the Ages 26 x 19 watercolor $250 10. Garden Below the Rim 24 x 19 watercolor $250 11. Canyon Shadows 24 x 19 watercolor $250 12. Rift 24 x 19 watercolor $315 13. Improv 3 7 x 29 watercolor $ 380 14. Rock Patterns 24 x 18 watercolor $250 15. Surprise in the Canyon 16 x 20 watercolor $ 200 16. Snake Canyon 16 x 20 watercolor $200 17. Beneath 20 x 20 watercolor $200 18. Ripe with Color 28 x 22 watercolor $250 19. Warm at 40 Below 21 x 29 watercolor $250 20. Accumulations 21 x 24 watercolor $250 21. So Many Possibilities 28 x 28 watercolor $315 22. Deux Fenetres 30 x 26 watercolor $315 23. Patience Required 26 x 22 watercolor $315 24. Last Leaves 14 x 16 watercolor $175 25. River Fun 18 x 22 watercolor $250 26. At the Edge 21 X 18 watercolor $250 27. Peppers 10 x 8 watercolor $50 28. Pears 10 x 8 watercolor $ 50 Joni Frey/ BIOGRAPHY Joni Frey was born in 1954 in Appleton, Wisconsin. She was raised on a farm near the east shore of Lake Winnebago. After earning a B.S. in Communications from the University of Wisconsin, she attended the Burnley School of Professional Art in Seattle. She then lived for nearly 10 years in Fairbanks, Alaska where she worked as an illustrator for the Bureau of Land Management. She lived adjacent to Denali Park for a summer where she observed, drew and painted a variety of large wild animals. She moved to northern Virginia with her husband where she spent most of the next 10 years raising their two children, and making paintings of them. In 1998, they happily moved to Boise, Idaho. Joni volunteers as a docent at the World Center for Birds of Prey. She has contributed to the displays at the Velma Morrison Visitor's Center there. Joni has shown her paintings in regional shows in Fairbanks, Alaska, Reston, Virginia, Alexandria, Virginia, and in Boise, Idaho. She is a member of, and frequently exhibits work with the Idaho Watercolor Society. She has exhibited a solo show at Davies -Reid in Boise. .. She continues to paint, draw, weave, bird -watch, hike, back -pack, snowshoe and enjoy beautiful Idaho. Exhibit C ACKNOWLEDGMENTS: I,(241,tll- 44-1 , hereby acknowledge the following stipulations and agree that if my/my orgdhization's artArk is selected for display at Initial Point Gallery, such display shalt occur subject to these general terms and condi , as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. 1 specifically acknowledge that: F. G. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. Any insurance of the art work displayed in Initial Point Gallery shall be the sole responsibility of the artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. White art work displayed in Initial Point Gallery may be passively offered for sale by means of an infonnational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month period, this period may be shortened by the City of Meridian for any reason, without notice to the artist. The City may display the work of more than one artist in initial Point Gallery at any time, at the City's sole discretion. Art work submitted for display in Initial Point Gallery must be original works conceived and created by the artist (or by artist members of the organization) submitting this application. H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and art work meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement, shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and' u conditions. Signature: - �- Print name:-------, Fre-11 Date: To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials, as follows: Via U.S. Mail: Meridian Arts Commission ' Attn: Initial Point Gallery ' 33 East Broadway Meridian ID 83642 Thank you for your interest! APPUCA:noN AND ACKNowL®GEMENT - 2009 1NrnAL Point' GALLERY SERIES July 2, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT July 7, 2009 ITEM NO. S -K REQUEST Memorandum Agreement Amendment to Collective Labor Agreement between the City of Meridian and Meridian Firefighters [AFF Local 4627 for Wage Schedule from October 1, 2009 Until September 30, 2010 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. July 2, 2009 MERIDIAN CITY COUNCIL MEETING July 7, 2009 APPLICANT ITEM NO. S -L REQUEST License Agreement and Usage Fee With Union Pacific Railroad for Use of Right of Way for $3,480.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 4'' UNION PACIFIC AUG 0 4 2009 Folder: 02559-78 JOHN BOYD CITY OF MERIDIAN, 33 EAST BROADWAY AVE, Suite 102 MERIDIAN ID 83642 RE: Proposed 16 Inch Water Pipeline Crossing of Railroad Property at Mile Post 459.65 on the Boise Subdivision at or near Meridian, Ada County, Idaho John: Attached is your original copy of our Agreement, fully executed on behalf of the Railroad Company. When you or your representative enter the Railroad Company's property, a copy of this fully -executed document must be available at the site to be shown on request to any Railroad employee or official. In accordance with the terms of the Agreement, you are required to notify the following Railroad Company's Manager of Track Maintenance, Manager of Signal Maintenance, and the Telecommunications ("Call Before You Dig") number at least 10 days in advance of the date you plan on entering the right of way for further instructions and approval to commence construction. Mr Bob Adams Idaho Northern & Pacific Railroad 199 North Commercial Avenue Emmett, ID 83617 (208) 365-6353, Cellular (208) 861-7614 Telecommunications ("Call Before You Dig"): 1-800-336-9193 Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 9 CITY OF MERIDIAN As an additional note, the top of the casing must be a minimum of two feet below any existing fiber optic cable. Any open excavation required within five feet of the fiber optic cable must be dug by hand. All future insurance notices should be forwarded to: Union Pacific Railroad Company (Attention: Jon E. Devish - Folder No. 02559-78) 1400 Douglas St. STOP 1690 Omaha, NE 68179-1690 If you have any questions, please contact me at (402) 544-8563. Sincerely, E. Devish Manager - Contracts Pipeline Crossing 080808 Form Approved, AVP -Law PIPELINE CROSSING AGREEMENT Mile Post: 459.65, Boise Subdivision/Branch Location: Meridian, Ada County, Idaho AUDIT�! L� Folder No. 02559-78 THIS AGREEMENT ("Agreement") is made and entered into as of June 09, 2009, ("Effective Date") by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, ("Licensor") and CITY OF MERIDIAN, an Idaho municipal corporation to be addressed at 33 East Broadway Ave, Meridian, Idaho 83642 ("Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article 1. LICENSOR GRANTS RIGHT. In consideration of the license fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate one 16 inch pipeline for transporting and conveying water only across Licensor's track(s) and property (the "Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the print dated May 21, 2009 and marked Exhibit A, attached hereto and hereby made a part hereof. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than transporting and conveying water, and the Pipeline shall not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article 2. LICENSE FEE. Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee of Three Thousand Four Hundred Eighty Dollars ($3,480.00). Article 3. CONSTRUCTION. MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, attached hereto and hereby made a part hereof. Article 4. DEFINITION OF LICENSEE. For purposes of this Agreement, all references in this Agreement to the Licensee shall include the Licensee's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. If a contractor is hired by the Licensee for any work performed on the Pipeline (including initial construction and subsequent relocation or maintenance and repair work), then the Licensee shall provide a copy of this Agreement to its contractor and require its contractor to comply with all the terms and provisions hereof relating to the work to be performed. Any contractor or subcontractor shall be deemed an agent of Licensee for the purpose of this Agreement, and Licensee shall require such contractor or subcontractor to release, defend and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend and indemnify Licensor herein. Article 5. INSURANCE. A. Before commencement of the term of this Agreement and prior to any Piueline construction, the Licensee or Licensee's contractor shall obtain the required Railroad Protective Liability insurance, at its sole expense, as specified in Section E on Exhibit C attached hereto and hereby made a part hereof. The Licensee, at its sole expense, shall also provide to the Licensor the other insurance binders, certificates and endorsements described in Exhibit C, and also require that its contractor or subcontractor maintain the insurance coverages as set forth in Exhibit C, naming Licensor as and additional insured. B. Not more frequently than once every two years, Licensor may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. C. All insurance correspondence, binders, certificates and endorsements shall be directed to: Union Pacific Railroad Company Real Estate Department — Folder No. 02559-78 1400 Douglas Street STOP 1690 Omaha, NE 68179-1690 D. Failure to provide evidence as required by this section shall entitle, but not require, Licensor to terminate this License immediately. Acceptance of a certificate that does not comply with this Article shall not operate as a waiver of Licensee's obligations hereunder. E. If the Licensee is a public entity subject to any applicable statutory tort laws, the limits of insurance described in Exhibit C shall be the limits the Licensee then has in effect or which is required by applicable current or subsequent law, whichever is greater, a portion of which may be self-insured with the consent and approval of Licensor. F. The fact that insurance (including without limitation, self-insurance) is obtained by Licensee or its contractor/subcontractor shall not be deemed to release or diminish the liability of Licensee including, without limitation, liability under the indemnity provisions of this License. Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. Article 6. TERM. This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as herein provided. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. UNION PACIFIC RAILROAD COMPANY CITY OF MERIDIAN By: Bi Manager - Contracts N: Ti PLACE ARROW INDICATING NORTH DIRECTION RELATIVE TO CROSSING TQ MIM I NEAREST Q. R. TOWN) It 0�� QQ� P NO SCALE FORM DR- 0404- B REV. 5-15-98 www.uprr.com ENCASES NON—FLAMMABLE FT Sz88 FT.— (SEE NOTE 3 6 5) /-- G MAIN TRACK NOTE: ALL AVAILABLE DIMENSIONS MUST BE FILLED IN TO PROCESS THIS APPLICATION. 4® _ FT. L S FT. (SEE NOTE 3 8 5) a to 90 o 63 ' 00 - 0 (ANGLE OF CROSSING) a w AQ� o� GVes f" .5a M0, - F,q G � .1/ (DESCRIBE FIXED OBJECT (DI v= ( SEE NOTE 6) y VOq. (DISTANCE ALONG TRACK FROM SECTION LINE CROSSING) ?� ?yp�, r FT. (NOTE: THIS DIMENSION REQUIRED IN ALL CASES. AT LOCATIONS NOT USING SECTIONS, DISTANCE TO A LEGAL SURVEY LINE IS REQUIRED) RR' S R/W LFT.ac SFr. IE I MIN. DIST , I(See Note 2) UFT. SEAL CASING 6 1FT. (4.5 FT MIN.) (;0 FT. MAX. ) _ICASING P 01 / / 2 0 15 FT. --Dl 5 FT. I i I( See Note 4) PT. SEE NOTE 5) 112% FT. E�T. GROUND FACE SUBGRAOE (o -FT. SEAL CASING (3 FTi MAN.) — { CARRIER PIPE I FT. sl Zero FT. I �FT. FT. NOTES : (CASING LENGTH WHEN MEASURED ALONG PIPELINE.) 11 ALL HORIZONTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES FROM9_ OF TRACK. 2) CASING TO EXTEND BEYOND THE Q. OF TRACK AT RIGHT ANGLES THE GREATER OF 2D • 20 FT.. OR 30 FT., AND BEYOND LIMIT OF RAILROAD RIGHT-OF-WAY IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACK. 3) MINIMUM OF 50' FROM THE END OF ANY RAILROAD BRIDGE, 9- OF ANY CULVERT, OR FROM ANY SWITCHING AREA. 4)SIGNAL REPRESENTATIVE MUST BE PRESENT DURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING. 51 ALLOWABLE FIXED OBJECTS INCLUDE: BACKWALLS OF BRIDGES; 4i OF ROAD CROSSINGS B OVERHEAD VIADUCTS (GIVE ROAD NAMEI, OR CULVERTS. 6) CASING AND CARRIER PIPE MUST BE PLACED A MINIMUM OF 2 FEET BELOW THE EXISTING FIBER OPTIC CABLE. ANY EXCAVATION REOUIRED WITHIN RR' 5 R/= TO �I•Na ja A ( NEAREST R. R. TOWNI STEEL CASING WALL THICKNESS CHART THICKNESS I CASING PIPE .3125" 5/16" OVER -12--18- .3750` 3/8" OVER 18"-22" .4375" 7/16" OVER 22'-28" .5000" 1/2"1 OVER 28"-34" .5625" 9116' OVER 34"-42- .6250` 5/8' 1 OVER 42"-48" OVER 48" MUST BE APPROVED BY R. R. CO. NOTE: THIS CHART IS ONLY FOR SMOOTH STEEL CASING PIPES WITH MINIMUM YIELD FORMULA TO FIGURE CASING LENGTH WITH ANGLE OF CROSSING OTHER THAN 90- B,�� /d SIN �,� `'y` B `Rti MIN. DIST. (NOTE 2) TRACK A) IS PIPELINE CROSSING WITHIN DEDICATED ST ET ?x YES; N0; EXHIBIT "A„ B) IF YES, NAME OF STREET TG4 M i (C- R. (FOR RAILROAD USE ONLY) D) DISTRIBUTION LINE _�� OR TRANSMISSION LINE C) CARRIER PIPE :UNION Ae'_&;4'e'd/ L!/& -le,- PACIFIC RAILROAD CO. COMMODITY TO BE CONVEYS OPERATING PRESSURE JL -PSI / i/ Pvc, �a It C Lcusel i'. �IN12R' WALL THICKNESS 0-M/';DIAMETER id ;MATERIAL ; (SURDIVISIONI E) CASING PIPE : t/ •/ a ',_ � I WALL THICKNESS ?_ IAMETER ;MATERIALs?�; 4 E. S. 151(otl5l NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST ENCASED CROSSING AT OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF Ad, T CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF I►1eRra••^ ( NEAREST CITY) I COUNTY) I STATE) CARRIER PIPE AND INSIDE OF CASING PIPE. F) METHOD QF INSTALLING CASING PIPE UNDER TRACK(S): C•"'�r �•f' IMtr��;�� DRY BORE AND JACK ( WET BORE NOT PERMITTED) ; (APPLICANT) TUNNEL ; OTHER RR FILE NOa STI -19 DATE S"tt'o9 G) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? YES;0; W A R N I N G H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OFBO AND JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK 1) APPLICANT HAS CONTACTED 1-800-336-9193, (30' MIN.) IN ALL OCCASIONS, U. P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE U. P. COMMUNjrATION DEPARTMENT, AND HAS DETERMINED FIBER OF ANY WORK TO DETERMINE EXISTENCE AND OPTIC CABLE 2S DOES ;-DOES NOT ; EXIST IN VICINITY OF LOCATION OF FIBER OPTIC CABLE. WORK TO BE PERFORMED . TICKET N0. ¢0090�08D63 PHONE: 1-800-336-9193 Pipeline Crossing 07/20/08 Form Approved, AVP Law EXHIBIT B Section 1. LEWTATION AND SUBORDINATION OF RIGHTS GRANTED. A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire property including the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the Licensor without liability to the Licensee or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION, MAINTENANCE AND OPERATION. A. The Pipeline shall be designed, constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity with (i) Licensor's current standards and specifications ("UP Specifications"), except for variances approved in advance in writing by the Licensor's Assistant Vice President Engineering — Design, or his authorized representative; (ii) such other additional safety standards as the Licensor, - in its sole discretion, elects to require, including, without limitation, American Railway Engineering and Maintenance -of -Way Association ("AREMA") standards and guidelines (collectively, "UP Additional Requirements"), and (iii) all applicable laws, rules and regulations ("Laws"). If there is any conflict between the requirements of any Law and the UP Specifications or the UP Additional Requirements, the most restrictive will apply. B. All work performed on property of the Licensor in connection with the design, construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor. C. Prior to the commencement of any work in connection with the design, construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or tracks of the Licensor, the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work, including the shoring and cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been approved by the Licensor's Assistant Vice President Engineering Design, or his authorized representative, and then the work shall be done to the satisfaction of the Licensor's Assistant Vice President Engineering Design or his authorized representative. The Licensor shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline, and, in the event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefore, all expenses incurred by the Licensor in connection therewith, which expenses shall include all assignable costs. D. The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. E. In the prosecution of any work covered by this Agreement, Licensee shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations. Section 3. NOTICE OF COMMENCEMENT OF WORK / LICENSOR REPRESENTATIVE / SUPERVISION / FLAGGING / SAFETY. A. If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion. The Licensee will coordinate its initial, and any subsequent work with the following employee of Licensor or his or her duly authorized representative (hereinafter "Licensor Representative" or "Railroad Representative"): Mr Bob Adams Idaho Northern & Pacific Railroad 199 North Commercial Avenue Emmett, ID 83617 (208) 365-6353, Cellular (208) 861-7614 B. Licensee, at its own expense, shall adequately police and supervise all work to be performed. The responsibility of Licensee for safe conduct and adequate policing and supervision of work shall not be lessened or otherwise affected by Licensor's approval of plans and specifications involving the work, or by Licensor's collaboration in performance of any work, or by the presence at the work site of a Licensor Representative, or by compliance by Licensee with any requests or recommendations made by the Licensor Representative. C. At the request of Licensor, Licensee shall remove from Licensor's property any employee who fails to conform to the instructions of the Licensor Representative in connection with the work on Licensor's property. Licensee shall indemnify Licensor against any claims arising from the removal of any such employee from Licensor's property. D. Licensee shall notify the Licensor Representative at least ten (10) working days in advance of proposed performance of any work in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Licensor's track(s) at any time, for any reason, unless and until a railroad flagman is provided to watch for trains. Upon receipt of such ten (10) day notice, the Licensor Representative will determine and inform Licensor whether a flagman need be present and whether any special protective or safety measures need to be implemented. If flagging or other special protective or safety measures are performed by Licensor, Licensor will bill Licensee for such expenses incurred by Licensor, unless Licensor and a federal, state or local governmental entity have agreed that Licensor is to bill such expenses to the federal, state or local governmental entity. If Licensor will be sending the bills to Licensee, Licensee shall pay such bills within thirty (30) days of receipt of billing. If Licensor performs any flagging, or other special protective or safety measures are performed by Licensor, Licensee agrees that Licensee is not relieved of any of responsibilities or liabilities set forth in this Agreement. E. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight- hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Licensor and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Licensee (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. F. Reimbursement to Licensor will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Licensor is required to pay the flagman and which could not reasonably be avoided by Licensor by assignment of such flagman to other work, even though Licensee may not be working during such time. When it becomes necessary for Licensor to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Licensee must provide Licensor a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Licensee will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional ten (10) days notice must then be given to Licensor if flagging services are needed again after such five day cessation notice has been given to Licensor. G. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed by Licensee or its contractor. Licensee shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the work. Licensee and its contractor shall at a minimum comply with Licensor's safety standards listed in Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by Licensor's own forces. As a part of Licensee's safety responsibilities, Licensee shall notify Licensor if it determines that any of Licensor's safety standards are contrary to good safety practices. Licensee and its contractor shall furnish copies of Exhibit D to each of its employees before they enter the job site. H. Without limitation of the provisions of paragraph G above, Licensee shall keep the job site free from safety and health hazards and ensure that their employees are competent and adequately trained in all safety and health aspects of the job. I. Licensee shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Prompt notification shall be given to Licensor of any U.S. Occupational Safety and Health Administration reportable injuries. Licensee shall have a non -delegable duty to control its employees while they are on the job site or any other property of Licensor, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work. J. If and when requested by Licensor, Licensee shall deliver to Licensor a copy of its safety plan for conducting the work (the "Safety Plan"). Licensor shall have the right, but not the obligation, to require Licensee to correct any deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan. Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the design, construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise. Section 5. REINFORCEMENT, RELOCATION OR REMOVAL OF PIPELINE. A. The license herein granted is subject to the needs and requirements of the Licensor in the safe and efficient operation of its railroad and in the improvement and use of its property. The Licensee shall, at the sole expense of the Licensee, reinforce or otherwise modify the Pipeline, or move all or any portion of the Pipeline to such new location, or remove the Pipeline from the Licensor's property, as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the Licensor, at its sole election, finds such action necessary or desirable. B. All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. A. The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be designed, constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licensor and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. B. Explosives or other highly flammable substances shall not be stored on Licensor's property without the prior written approval of Licensor. C. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Licensor's trackage shall be installed or used by Licensor or its contractors without the prior written permission of Licensor. D. When not in use, any machinery and materials of Licensor or its contractors shall be kept at least fifty (50) feet from the centerline of Licensor's nearest track. E. Operations of Licensor and work performed by Licensor's personnel may cause delays in the work to be performed by Licensee. Licensee accepts this risk and agrees that Licensor shall have no liability to Licensee or any other person or entity for any such delays. Licensee shall coordinate its activities with those of Licensor and third parties so as to avoid interference with railroad operations. The safe operation of Licensor's train movements and other activities by Licensor take precedence over any work to be performed by Licensee. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the Licensor during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except for holidays) at 1-800-336-9193 (also a 24-hour, 7 -day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee's expense, and will commence no work on the Licensor's property until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph. B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, THE LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD THE LICENSOR HARMLESS FROM AND AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) CAUSED BY THE NEGLIGENCE OF THE LICENSEE, ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, RESULTING IN (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON LICENSOR'S PROPERTY, AND/OR (2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON LICENSOR'S PROPERTY, EXCEPT IF SUCH COSTS, LIABILITY OR EXPENSES ARE CAUSED SOLELY BY THE DIRECT ACTIVE NEGLIGENCE OF THE LICENSOR. LICENSEE FURTHER AGREES THAT IT SHALL NOT HAVE OR SEEK RECOURSE AGAINST LICENSOR FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING LICENSOR'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON LICENSOR'S PROPERTY. Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL; TAXES. A. The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. B. The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or on account of the Pipeline, to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared with the entire value of such property. Section 9. RESTORATION OF LICENSOR'S PROPERTY. hi the event the Licensor authorizes the Licensee in any manner moves or disturbs any of the property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such property to the same condition as the same were before such property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the moving or disturbance of any other property of the Licensor. Section 10. INDENINITY. A. As used in this Section, "Licensor" includes other railroad companies using the Licensor's property at or near the location of the Licensee's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons whomsoever (including the Licensor's officers, agents, and employees, the Licensee's officers, agents, and employees, as well as any other person); and/or (b) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property in its care or custody). B. AS A MAJOR INDUCEMENT AND IN CONSIDERATION OF THE LICENSE AND PERMISSION HEREIN GRANTED, TO THE FULLEST EXTENT PERMITTED BY LAW, THE LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE LICENSOR FROM ANY LOSS WHICH IS DUE TO OR ARISES FROM: 1. THE PROSECUTION OF ANY WORK CONTEMPLATED BY THIS AGREEMENT INCLUDING THE INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR, RENEWAL, MODIFICATION, RECONSTRUCTION, RELOCATION, OR REMOVAL OF THE PIPELINE OR ANY PART THEREOF; 2. ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE; 3. THE PRESENCE, OPERATION, OR USE OF THE PIPELINE OR CONTENTS ESCAPING THEREFROM; 4. THE ENVIRONMENTAL STATUS OF THE PROPERTY CAUSED BY OR CONTRIBUTED TO BY LICENSEE; 5. ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER; OR 6. LICENSEE'S BREACH OF THIS AGREEMENT, EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE DIRECT NEGLIGENCE OF THE LICENSOR, AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION, IT BEING THE INTENTION OF THE PARTIES THAT THE ABOVE INDEMNITY WILL OTHERWISE APPLY TO LOSSES CAUSED BY OR ARISING FROM, IN WHOLE OR IN PART, LICENSOR'S NEGLIGENCE. C. Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit of proceeding brought against any indemnitee by any entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless any indemnitee. Licensee shall pay all costs incident to such defense, including, but not limited to, reasonable attorney's fees, investigators' fees, litigation and appeal expenses, settlement payments and amounts paid in satisfaction of judgments. Section 11. REMOVAL OF PIPELINE UPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If the Licensee fails to do the foregoing, the Licensor may, but is not obligated, to perform such work of removal and restoration at the cost and expense of the Licensee. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any damage sustained by the Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have against the Licensee. Section 12. WAIVER OF BREACH. The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent breach thereof. Section 13. TERMINATION. A. If the Licensee does not use the right herein granted or the Pipeline for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately terminate this Agreement by written notice.. B. In addition to the provisions of subparagraph (a) above, this Agreement may be terminated by written notice given by either party hereto to the other on any date in such.notice stated, not less, however, than thirty (30) days subsequent to the date upon which such notice shall be given. C. Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. Section 14. AGREEMENT NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 15. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. Pipeline Crossing 07/20/08 Form Approved, AVP -Law EXHIBIT C Union Pacific Railroad Company Insurance Exhibit PART 1: GENERAL INSTRUCTIONS AND REQUIREMENTS: Prior to execution of this License, Licensee shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with all insurance required by this License. All certificates of insurance and correspondence shall be addressed and sent to: Union Pacific Railroad Company Real Estate Department— Folder No.: 02559-78 1400 Douglas St., STOP 1690 Omaha, NE 68179-1690 All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the work is to be performed. All policies required by this License shall provide coverage for punitive damages unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this License, or (d) all punitive damages are prohibited by all states in which this License will be performed. The fact that insurance is obtained by Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this License. Damages recoverable by Railroad from Licensee or any third party will not be limited by the amount of the required insurance coverage. PART 2: SPECIFIC INSURANCE LIMITS AND REQUIREMENTS Licensee shall, at its sole cost and expense, procure and maintain during the life of this License (except as otherwise provided in this License) the following insurance coverage: A. Commercial General Liability Insurance written on ISO Occurrence form CG 00 0112 04 (or a substitute form providing equivalent coverage) with limits of not less than: • $2,000,000 Each Occurrence • $4,000,000 Aggregate This policy must also contain the following endorsements (which must be stated on the certificate of insurance): Additional Insured Endorsement ISO Form CG 20 26 (or a substitute form providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement Form CG 20 26, provide coverage for Railroad's negligence whether sole or partial, active or passive, and shall not be limited by Licensee's liability under the indemnity provisions of this License. • Contractual Liability - Railroads ISO Form 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" covered by this License as the "Designated Job Site". B. Business Automobile Liability Insurance written on ISO Form CA 00 0110 01 (or a substitute form providing equivalent coverage) with a limit of: • $2,000,000 each accident. This policy must contain the following endorsements (which must be stated on the Certificate of Insurance): • Designated Insured ISO Form CA 20 48 02 99 (or a substitute form providing equivalent coverage). • Coverage for Certain Operations in Connection with Railroads ISO Form CA 20 7010 01 showing "Union Pacific Railroad Property" covered by this License as the "Designated Job Site". • Motor Carriers Act Endorsement OMB Form MCS -90 (if required by law). C. Workers Compensation Insurance. Coverage must include but not be limited to: • Licensee's statutory liability under the workers' compensation laws of the state(s) affected by this License. Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. • If Licensee is self-insured, evidence of state approval and excess workers compensation coverage must be provided. • Licensee shall waive all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability obtained by Licensee required in this License. This waiver must be stated on the certificate of insurance. D. Umbrella or excess liability Insurance. If Licensee utilizes umbrella or excess policies to meet limit requirements, these policies must "follow form" and afford no less coverage than the primary policy. If utilized, Licensee shall waive all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by Umbrella or Excess Liability obtained by Licensee required in this License. This waiver must be stated on the certificate of insurance. E. Railroad Protective Liability Insurance. At all times during construction, installation, repair or removal of a pipeline or wire line Licensee or its Contractor must obtain and maintain Railroad Protective Liability insurance written on ISO occurrence form CG 00 3512 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. A binder stating the policy is in place must be submitted to Railroad before the work may be commenced and until the original policy is forwarded to Railroad. Pipeline Crossing 07/20/08 Form Approved, AVP -Law EXHIBIT D MINIMUM SAFETY REQUIREMENTS The term "employees" as used herein refer to all employees of Licensee or its contractors, subcontractors, or agents, as well as any subcontractor or agent of any Contractor. I. Clothing A. All employees will be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing, or free use of their hands or feet. Specifically, employees must wear: (i) Waist -length shirts with sleeves. (ii) Trousers that cover the entire leg. If flare -legged trousers are worn, the trouser bottoms must be tied to prevent catching. (iii) Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety -toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements. B. Employees shall not wear boots (other than work boots), sandals, canvas -type shoes, or other shoes that have thin soles or heels that are higher than normal. C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating or working on machinery. U. Personal Protective Equipment Employees shall wear personal protective equipment as specified by Railroad rules, regulations, or recommended or requested by the Railroad Representative. (i) Hard hat that meets the American National Standard (ANSI) Z89.1 — latest revision. Hard hats should be affixed with Contractor's company logo or name. (ii) Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face protection, Z87.1 — latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, etc. (iii) Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within: 100 feet of a locomotive or roadway/work equipment 15 feet of power operated tools 150 feet of jet blowers or pile drivers ■ 150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection — plugs and muffs) (iv) Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be worn as recommended or requested by the Railroad Representative. M. On Track Safety Contractor is responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection regulations — 49CFR214, Subpart C and Railroad's On -Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must: (i) Maintain a minimum distance of at least twenty-five (25) feet to any track unless the Railroad Representative is present to authorize movements. (ii) Wear an orange, reflectorized work wear approved by the Railroad Representative. (iii) Participate in a job briefing that will specify the type of On -Track Safety for the type of work being performed. Contractor must take special note of limits of track authority, which tracks may or may not be fouled, and clearing the track. Contractor will also receive special instructions relating to the work zone around machines and minimum distances between machines while working or traveling. IV. Equipment A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative, any of Contractor's equipment is unsafe for use, Contractor shall remove such equipment from Railroad's property. In addition, Contractor must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition, operators must be: Familiar and comply with Railroad's rules on lockout/tagout of equipment. Trained in and comply with the applicable operating rules if operating any by -rail equipment on -track. Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other rail bound equipment. B. All self-propelled equipment must be equipped with a first-aid kit, fire extinguisher, and audible back-up warning device. C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of twenty-five (25) feet from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the equipment against movement. D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the minimum clearances to overhead powerlines. V. General Safety Requirements A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad Representative, if applicable. During this briefing, the Railroad Representative will specify safe work procedures, (including On -Track Safety) and the potential hazards of the job. If any employee has any questions or concerns about the work, the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions, work procedures, or personnel change. C. All track work performed by Contractor meets the minimum safety requirements established by the Federal Railroad Administration's Track Safety Standards 49CFR213. D. All employees comply with the following safety procedures when working around any railroad track: (i) Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, in either direction. (ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components. (iii) In passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length (50 feet). (iv) Avoid walking or standing on a track unless so authorized by the employee in charge. (v) Before stepping over or crossing tracks, look in both directions first. (vi) Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. RECEIVED To: Becky Licari JUN 3 0 2009 From: John Boyd, Engineering Technician II CITY OFCiG!' CC: File CITY CLERKS OFFICE Date: June 30, 2009 Re: Proposed Agenda Item for July 7 City Council Meeting The Public Works Department respectfully requests the following item be placed on the July 7th City Council agenda, under Consent Agenda, for Council's consideration: License Agreement and Usace Fee with Union Pacific Railroad: The attached License Agreement with the Union Pacific Railroad is to allow usage of the Railroad Company's right of way. Our usage will be the construction and operation of a 16" Class "A" Wastewater Reuse pipeline within their right of way. This line will carry reclaimed water to the southern parts of the City. it will be constructed as part of the ACHD Ten Mile Road - Franklin Road to Cherry Lane Project. A payment of Three Thousand Four Hundred Eighty Dollars ($3,480) for this usage is also due and payable upon execution and forwarding of the agreement to the Railroad. This request is being sought ahead of the construction project so it may be included in the Bid Specifications package. Our Legal Department has looked at the License Agreement and approved it, with comments. Recommended Councti Action: The Public Works Department recommends that City Council approve the License Agreement with the Union Pacific Railroad for construction and operation of a Class "A" Wastewater Reuse line within their Right of Way and authorizes the Mayor to sign it. We also recommend authorizing the payment of Three Thousand Four Hundred Eighty Dollars ($3,480) for this usage. Thank you for your consideration. Please contact me if you have any questions regarding either of these items. 1Ai A— ZZ C a.-...v:...n.. n.,n-- c..u.. n►M ft A^AA 1- In "MA') Page 1 of 1 John Boyd From: Ted Baird Sent: Thursday, June 25, 2009 2:49 PM To: John Boyd Cc: Bill Nary; Michelle Albertson Subject: UPRR Pipe License Agreement John: I have reviewed the Agreement, and it looks fine (which is good because It would be difficult to get UPRR to change their standard agreements). I will have Michelle contact our insurer and get the required certificate. I am more concerned that the agreement contains many provisions that are applicable to our contractor on this job. Will the agreement or task order for the installation of the line incorporate the License Agreement and its Attachments? That would be my recommendation —to hold our contractor responsible for the provisions contained in the UPRR document. Let me know if you have questions. Ted Baird 489-0483 direct 6/26/2009 June 25, 2009 U_._ U t _"T.T 1 Ut TO: Bill Nary FROM: John Boyd Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Charles Rountree David Zaremba RE: Ten Mile Road — Franklin to Cherry — Class A Reuse Pipe Installation Union Pacific Railroad Crossing License Agreement Bill, Attached is a proposed License Agreement with the UPPR to allow placing a 16" Class A Reuse Pipeline within the UPPR Right -of -Way. I would request that your staff review this document and return it to me, with your response(s), regarding any legal deficiencies or problems that you might find. Also, please provide the required insurance documents referred to in the railroad cover letter, or advise me where I can get them. The City Council will be acting on this agreement at a later date once everything is approved. Please don't hesitate to contact me if you need more information. Thank you in advance for your time on this. - Q Ale-, J oyd Engineering Technician Public Works Department Public Works/Engineering Division . 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org UNION PACIFK June 09, 2009 Folder: 02559-78 KURT NORRELL NB ENIGNEERS, INC. 250 SOUTH BEECHWOOD AVE, SUITE 220 BOISE, ID 83709 Re: Proposed 16 Inch water Pipeline Crossing of Railroad Property at Mile Post 459.65 on the Boise Subdivision/Branch at or near Meridian, Ada County, Idaho Kurt: Attached are duplicate originals of an agreement covering your use of the Railroad Company's right of way. Please execute the attached documents IN DUPLICATE and return in the enclosed self-addressed envelope. An original copy of the fully -executed document will be returned to you, when approved and processed by the Railroad Company. Also, please provide a resolution or other authorization for the party executing the documents, if signature authorization is required by your Entity. • Payment in the amount of Three Thousand Four Hundred Eighty Dollars ($3,480.00) is due and payable to Union Pacific Railroad Company upon your execution of the agreement. Please include your payment, with Folder No. 02559-78 noted on that document. If you require formal billing, you may consider this letter as a formal bill and that 94-6001323 is this Corporation's correct Federal Taxpayer Identification Number. • You must provide a Certificate of Insurance which meets all requirements as outlined in Exhibit C of the agreement. In addition, a Railroad Protective Liability Insurance (RPLI) policy must be provided by the Licensee or its contractor prior to construction and which must be in effect for the entire installation period. F(� JUN I b ?009 Union Paelflc Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx (402) 501-0340 This agreement will not be accepted and processed by the Railroad Company until the initial payment and all Insurance Certificates or statements are received. If we have not received the executed documents within six months from the date of this letter, this proposed offer of an agreement is withdrawn and becomes null and void. If you have any questions, please contact me at (402) 544-8563. Sincerely, Jo . Devish Manager - Contracts SUBMITTING REQUESTS FOR RAILROAD PROTECTIVE LIABILITY INSURANCE ($2,000,000 per occurrence/$6,000,000 aggregate) Application forms for inclusion in Union Pacific Railroad's Blanket Railroad Protective Liability Insurance Policy may be obtained by accessing the following website (includes premiums as well): www.uprr.com/reus/rrinsure/insumw.shtmi If you have questions regarding railroad protective liability insurance (i.e. premium quotes, application) please contact the Marsh USA Service Team, Bill Smith or Cindy Long at: Phone: (800) 729-7001 Fax: (816) 556-4362 Email: william;j.smith@marsh.com .Email: eindy.iong@marsh.com *PLEASE NOTE - The RPLI application and premium check should be sent directly to Marsh, USA at the address shown below - do NOT send your check and application via overnight air, as the P.O. Box will NOT accept overnight deliveries. If you are in a situation where you require a RUSH, please contact Bill Smith or Cindy Long and they will do their best to accommodate your needs. All checks written to Marsh, USA should reference Union Pacific Railroad in the "Memo" section of the check. Send Checks and Applications to the following "NEWaddress: Marsh USA NW 8622 PO Box 1450 Minneapolis, MN 55485-8622 Pipeline Crossing 080808 Form Approved, AVP-Uw PIPELINE CROSSING AGREEMENT Mile Post: 459.65, Boise Subdivision/Branch Location: Meridian, Ada County, Idaho Folder No. 02559-78 THIS AGREEMENT ("Agreement") is made and entered into as of June 09, 2009, ("Effective Date") by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, ("Licensor") and CITY OF MERIDIAN, an Idaho municipal corporation to be addressed at 33 East Broadway Ave, Meridian, Idaho 83642 ("Licensee'). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article 1. LICENSOR GRANTS RIGHT. In consideration of the license fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate one 16 inch pipeline for transporting and conveying water only across Lieensoes track(s) and property (the "Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the print dated May 21, 2009 and marked Exhibit A, attached hereto and hereby made a part hereof Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than transporting and conveying water, and the Pipeline shall not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article 2. LICENSE FEE. Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee of Three Thousand Four Hundred Eighty Dollars ($3,480.00). Article 3. CONSTRUCTION. MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions; conditions, limitations and covenants set forth herein and in Exhibit B, attached hereto and hereby made a part hereof. Article 4. DEFINITION OF LICENSEE. For purposes of this Agreement, all references in this Agreement to the Licensee shall include the Licensee's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. if a contractor is hired by the Licensee for any work performed on the Pipeline (including initial construction and subsequent relocation or maintenance and repair work), then the Licensee shall provide a copy of this Agreement to its contractor and require its contractor to comply with all the terms and provisions hereof relating to the work to be performed. Any contractor or subcontractor shall be deemed an agent of Licensee for the purpose of this Agreement, and Licensee shall require such contractor or subcontractor to release, defend and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend and indemnify Licensor herein. Article 5. INSURANCE. A. Before commencement of the tern of this Agreement and prior to any Pilwline construction. the Licensee or Licensee's contractor shall obtain the required Railroad Protective Liability insurance, at its sole expense, as specified in Section E on Exhibit C attached hereto and hereby made a part hereof. The Licensee, at its sole expense, shall also provide to the Licensor the other insurance binders, certificates and endorsements described in Exhibit C, and also require that its contractor or subcontractor maintain the insurance coverages as set forth in Exhibit C, naming Licensor as and additional insured. B. Not more frequently than once every two years, Licensor may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. C. All insurance correspondence, binders, certificates and endorsements shall be directed to: Union Pacific Railroad Company Real Estate Department — Folder No. 02559-78 1400 Douglas Street STOP 1690 Omaha, NE 68179-1690 D. failure to provide evidence as required by this section shall entitle, but not require, Licensor to terminate this License immediately. Acceptance of a certificate that does not comply with this Article shall not operate as a waiver of Licensee's obligations hereunder. E. If the Licensee is a public entity subject to any applicable statutory tort laws, the limits of insurance described in Exhibit C shall be the limits the Licensee then has in effect or which is required by applicable current or subsequent law, whichever is greater, a portion of which may be self-insured with the consent and approval of Licensor. F. The fact that insurance (including without limitation, self-insurance) is obtained by Licensee or its contractor/subcontractor shall not be deemed to release or diminish the liability of Licensee including, without limitation, liability under the indemnity provisions of this License. Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. Article 6. TERM. This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as herein provided. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. UNION PACIFIC RAILROAD COMPANY 0 Manager - Contracts CITY OF MERIDIAN By. Name Printed: Title: PLACE ARROW INDICATING NORTH DIRECTION RELATIVE TO CROSSING N ' is `rw QW? vv �2 �V �O v . O� M 1 (G N TO R�.k as RW I NEAREST 9, R, TOWN) FORM DR -0404-8 REV. 5- 15-98 www.uprr.com ENCASED NON-FLAMMABLE PIPELINE CROSSING NOTE: ALL AVAILABLE DIMENSIONS MUST BE NO SCALE FILLED IN TO PROCESS THIS APPLICATION. _... .. r RR* s RlW -__=S"z88 FT.— (SFE NOTE 3 B 5) MAIN TRACK ti q THICKNESS (fir3G�DNb, 1-14C C ItL .2500" 1/4" fiBCT ( ) I .3125' IDISTANCE h OQ h til b FT. . AL.ONG TRACK FROM SECTION LINE CROSSING) 4ayOJ�y .-.�._. I•S FT. _._ ♦. '` ` (NOTE: THIS DIMENSION R£OVIRED IN ALL CASES. OVER 22"- 28' AT LOCATIONS NOT USING SECTIONS. DTSTAN TO A LEGAL SURVEY LINE IS RED U IRED) RR'S R/B_.� L FT. _.-- SFT. M:PL DIST a' (See Note I SEAL CASING _FT.— � s FT. — /wry (SEE NOTE 3 8 5) a !(e(,/ FT. m= YD �63'00- N (ANGLE OF CROSSING) a�iu TO ttt /Rn (NEAREST R. R. TOWN) B. DESCRIBE FIXED OBJECTT (SEE NOTE 5) / FT. ►� — -- L—F T. ---- - CRSTEEL CASING WALL SURFACETHICKNESS CHART SUBGRADE E THICKNESS 1 CASING PIPE .2500" 1/4" 12' OR LE55 I .3125' S/ 16' OVER 12'-18' b FT. . .3150" 3/8' OVER 18'-22" (4.5 FT MIN.)\ ' . 4375" T/ 16' OVER 22"- 28' (20 FT. MAX.) 6 FT. SEAL CASINO 0 fT. MINT.} .3000' ,5625. 1/2' 9/16' OVER 28"-34" OVER 34'-42' CASING PfP (SOD NOle 4) \` .6250' S/8" OVER 42"-48' ----^-- T^- -- --- - OVER 48' MUST BE I r I r CARRIER PIPE \ APPROVED BY R.R. CO. 2 Otob)S FT.— 1 ; tooI 5 FT, F T. to. — --- ,W F T. - FT. - I FT. NOTES T (CASM LENGTH WHEN MEASURED ALONG P)PELINE.)- f) ALL HORIZONTAL DISTANCES TO 8£ MEASURED AT R104T ARLES FROM9 OF TRACK. 2) CASING TO EXTEND BEYOND THE* OF TRACK AT RMT ANGLES INE GREATER OF 20 - 20 FT., OR 30 FT., AND BEYOND LIMIT OF RAILROAD RIGHT-OF-IfAY IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACK. 3) MINAUM OF SO' FROM THE END OF ANY RAILROAD BRIDGE, g OF ANY CULVERT, OR FROM ANY SNITCHING ATEA. 4) SIGNAL REPRESENTATIVE MUST BE PRESENT DURING INSTALLATION IF RAILROAD S194LS ARE IN THE VICINITY OF Cim5S(N0. S) ALLOWABLE FIXED OBJECTS INCLUDE: BACKWALLS OF BRIDGES; A OF ROAD CROSSINGS 8 OVERHEAD VIADUCTS (GIVE TOAD NANIE), OR CLILVERTS. S) CASING AND CARRIER PIPE MUST BE PLACED A MINIMUM OF 2 FEET BELOW THE EXISTING FIBER OPTIC CABLE. ANY EXCAVATION REOUIRED WITHIN FORMULA TO FIGURE CASING LENGTH WITH ANGLE OF CROSSING OTHER THAN 900 LD SIZTRACK B MIN. D15T.. (NOTE 2) A) IS PIPELINE CROSSING WITHIN DEDICATED STET ? 3 YESi N0; EXHIBIT "A" B) IF YES, NAME OF STREET Tf4 Mi IG R7. )FOR RAf LAWD USC ONLY) D) DISTRIBUTION LINE 2_ OR TRANSMISSION LINE C) CARRIER PIPE : I �u.wNc�I Wk.- Acr UNION PACIFIC RAILROAD CO. COMMODITY TO BE CONVEY OPERATING PRESSURF� 5 PSI a (�vL I&3t CLtusel 1. TNt,R1 WALL THICKNESS ;DIAMETER ;MATERIAL____..__^, ($=]VI:ION) E) CASING PIPE : I -. k `,_ , WALL THICKNESS�;DIAMETER ;MATERIALsZ�; M. P 45A -VSi E. S. 11�tZS{ NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST ENCASED CROSSING AT OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF Aeit CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF rte'"^ .Tp CARRIER PIPE AND INSIDE OF CASING PIPE. TME.REST CNTt, ICOtN:Y, ISUTEI F) METHOD¢F INSTALLING CASING PIPE UNDER TRACK(S}: C DRY BORE AND JACK (WET BORE NOT PERMITTED) ; x 4•f' 6APPL RC)Ntl TUNNEL ; OTHER RR FILE NO.291E-14 DATE SOM-61i G) WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACT DR';' YES;—N0; H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF B80ND w A R N i N C JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK Il APPLICANT HAS CONTACTED i-800-336-4193, (30' MIN•) IN ALL OCCASIONS, M. P. COMMUNICATIONS QEPARTMENT NWT BE CONTACTED IN ADVANCE U. P. COMMUNICATION DEPARTMENT, AND HAS DETERMINED FIBER OF ANY OM TO DETERMINE EXISTENCE AIG OPTIC CABLE 25 DOES ;—DOES NOT EXIST IN VICINITY OF LOCATION OF FIBER OPTIC CABLE. WORK TO BE PERFORMED . TICKET N0. lkI2022995l422o46.s PUM I I-AOD-336,,91" Pipeline Crossing 07/20/48 Form Approved, AVP IA%v EXHIBIT B Section 1. LIMITATION AND SUBORDINATION QF RIGHTS GRANTED. A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire property including the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics„ or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the Licensor without liability to the Licensee or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION. MAINTENANCE AND OPERATION. A. The Pipeline shall be designed, constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity with (i) Licensor's current standards and specifications ("UP Specifications"), except for variances approved in advance in writing by the Licensor's Assistant Vice President Engineering — Design, or his authorized representative; (ii) such other additional safety standards as the Licensor, in its sole discretion, elects to require, including, without limitation, American Railway Engineering and Maintenance -of -Way Association ("AREMA") standards and guidelines (collectively, "UP Additional Requirements"), and (iii) all applicable laws, rules and regulations ("Laws). If there is any conflict between the requirements of any Law and the UP Specifications or the UP Additional Requirements, the most restrictive will apply. B. All work performed on property of the Licensor in connection with the design, construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor. C. Prior to the commencement of any work in connection with the design; construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or tracks of the Licensor, the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work, including the shoring and cribbing, if any, required to protect the Liccnsoes operations, and shall not proceed with the work until such plans have been approved by the Licensor's Assistant Vice President Engineering Design, or his authorized representative, and then the work shall be done to the satisfaction of the Licensoes Assistant Vice President Engineering Design or his authorized representative. The Licensor shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline, and, in the event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefore, all expenses incurred by the Licensor in connection therewith, which expenses shall include all assignable costs. D. The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. E. In the prosecution of any work covered by this Agreement, Licensee shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations. Section 3. NOTICE OF COMMENCEMENT OF—WORK / LICENSOR REPRESENTATIVE SUPERVISION / FLAGGING / SAFETY. - A. If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion. The Licensee will coordinate its initial, and any subsequent work with the following employee of Licensor or his or her duly authorized representative (hereinafter "Licensor Representative" or "Railroad Representative"): Mr Bob Adams Idaho Northern & Pacific Railroad 199 North Commercial Avenue Emmett, ID 83617 (208) 365-6353, Cellular (208) 861-7614 B. Licensee, at its own expense, shall adequately police and supervise all work to be performed. The responsibility of Licensee for safe conduct and adequate policing and supervision of work shall not be lessened or otherwise affected by Licensoes approval of plans and specifications involving the work, or by Licensor's collaboration in performance of any work, or by the presence at the work site of a Licensor Representative, or by compliance by Licensee with any requests or recommendations made by the Licensor Representative. C. At the request of Licensor, Licensee shall remove from Licensoes property any employee who fails to conform to the instructions of the Licensor Representative in connection with the work on Licensoes property. Licensee shall indemnify Licensor against any claims arising from the removal of any such employee from Licensoes property. D. Licensee shall notify the Licensor Representative at least ten (10) working days in advance of proposed performance of any work in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Licensoes track(s) at any time, for any reason, unless and until a railroad flagman is provided to watch for trains. Upon receipt of such ten (10) day notice, the Licensor Representative will determine and inform Licensor whether a flagman need be present and whether any special protective or safety measures need to be implemented. If flagging or other special protective or safety measures are performed by Licensor, Licensor will bill Licensee for such expenses incurred by Licensor, unless Licensor and a federal, state or local governmental entity have agreed that Licensor is to bill such expenses to the federal, state or local governmental entity. If Licensor will be sending the bills to Licensee, Licensee shall pay such bills within thirty (30) days of receipt of billing. If Licensor performs any flagging, or other special protective or safety measures are performed by Licensor, Licensee agrees that Licensee is not relieved of any of responsibilities or liabilities set forth in this Agreement. E. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight- hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will. be included, computed on actual payroll. The composite charge will be the prevailing composite charge in erect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Licensor and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Licensee (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. F. Reimbursement to Licensor will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Licensor is required to pay the flagman and which could not reasonably be avoided by Licensor by assignment of such flagman to other work, even though Licensee may not be working during such time. When it becomes necessary for Licensor to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements; Licensee must provide Licensor a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Licensee will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required far that period. An additional ten (10) days notice must then be given to Licensor if flagging services are needed again after such five day cessation notice has been given to Licensor. G. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed by Licensee or its contractor. Licensee shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the work. Licensee and its contractor shall at a minimum comply with Licensoes safety standards listed in Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by Licensor's own forces. As a part of Licensee's safety responsibilities, Licensee shall notify Licensor if it determines that any of Licensor's safety standards are contrary to good safety practices. Licensee and its contractor shall furnish copies of Exhibit D to each of its employees before they enter the job site. H. Without limitation of the provisions of paragraph G above, Licensee shall keep the job site free from safety and health hazards and ensure that their employees are competent and adequately trained in all safety and health aspects of the job. 1. Licensee shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Prompt notification shall be given to Licensor of any U.S. Occupational Safety and Health Administration reportable injuries. Licensee shall have a non -delegable duty to control its employees while they are on the job site or any other property of Licensor, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work. J. If and when requested by Licensor, Licensee shall deliver to Licensor a copy of its safety plan for conducting the work (the "Safety Plan"). Licensor shall have the right, but not the obligation, to require Licensee to correct any deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan. Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the design, construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise. Section S. REINFORCEMENT. RELOCATION OR REMOVAL OF PIPELINE. A. The license herein granted is subject to the needs and requirements of the Licensor in the safe and efficient operation of its railroad and in the improvement and use of its property. The Licensee shall, at the sole expense of the Licensee, reinforce or otherwise modify the Pipeline, or move all or any portion of the Pipeline to such new location, or remove the Pipeline from the Licensor's property, as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the Licensor, at its sole election, finds such action necessary or desirable. B. All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. A. The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be designed, constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licensor and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. B. Explosives or other highly flammable substances shall not be stored on Licensor's property without the prior written approval of Licensor. C. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Licensoes trackage shall be installed or used by Licensor or its contractors without the prior written permission of Licensor. D. When not in use, any machinery and materials of Licensor or its contractors shall be kept at [east fifty (50) feet from the centerline of Licensoes nearest track. E. Operations of Licensor and work performed by Licensor's personnel may cause delays in the work to be performed by Licensee. Licensee accepts this risk and agrees that Licensor shall have no liability to Licensee or any other person or entity for any such delays. Licensee shall coordinate its activities with those of Licensor and third parties so as to avoid interference with railroad operations. The safe operation of Licensoes train movements and other activities by Licensor take precedence over any work to be performed by Licensee. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the Licensor during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except for holidays) at 1-800-336-9193 (also a 24-hour, 7 -day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee's expense, and will commence no work on the Licensor's property until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph. B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, THE LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD THE LICENSOR HARMLESS FROM: AND AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) CAUSED BY THE NEGLIGENCE OF THE LICENSEE, ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, RESULTING IN (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON LICENSOR'S PROPERTY, AND/OR (2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON LICENSOR'S PROPERTY, EXCEPT IF SUCH COSTS, LIABILITY OR EXPENSES ARE CAUSED SOLELY BY THE DIRECT ACTIVE NEGLIGENCE OF THE LICENSOR LICENSEE FURTHER AGREES THAT IT SHALL NOT HAVE OR SEEK RECOURSE AGAINST LICENSOR FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING LICENSOR'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON LICENSOR'S PROPERTY. Section S. CLAIMS AND LIENS FOR LABOR AND MATERIAL; TAXES A. The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in connection with the construction, maintenance, .repair, renewal, modification or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. B. The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or on account of the Pipeline, to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared with the entire value of such property. Section 9. RESTORATION OF LICENSOWS PROPERTY. In the event the Licensor authorizes the Licensee in any manner moves or disturbs any of the property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such property to the same condition as the same were before such property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the moving or disturbance of any other property of the Licensor. Section 10. INDEMNITY. A. As used in this Section, "Licensor" includes other railroad companies using the Licensor's property at or near the location of the Licensee's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons whomsoever (including the Licensor's officers, agents, and employees, the Licensee's officers, agents, and employees, as well as any other person); and/or (b) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property in its care or custody). B. AS A MAJOR INDUCEMENT AND IN CONSIDERATION OF THE LICENSE AND PERMISSION HEREIN GRANTED, TO THE FULLEST EXTENT PERMITTED BY LAW, THE LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE LICENSOR FROM ANY LOSS WHICH IS DUE TO OR ARISES FROM: 1. THE PROSECUTION OF ANY WORK CONTEMPLATED BY THIS .AGREEMENT INCLUDING THE INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR, RENEWAL, MODIFICATION, RECONSTRUCTION, RELOCATION, OR REMOVAL OF THE PIPELINE OR ANY PART THEREOF; 2. ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE; 3. THE PRESENCE, OPERATION, OR USE OF THE PIPELINE OR CONTENTS ESCAPING THEREFROM; 4. THE ENVIRONMENTAL STATUS OF THE PROPERTY CAUSED BY OR CONTRIBUTED TO BY LICENSEE; 5. ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER; OR 6. LICENSEE'S BREACH OF THIS AGREEMENT, EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE DIRECT NEGLIGENCE OF THE LICENSOR, AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION, IT BEING THE INTENTION OF THE PARTIES THAT THE ABOVE INDEMNITY WILL OTHERWISE APPLY TO LOSSES CAUSED BY OR ARISING FROM, IN WHOLE OR IN PART, LICENSOR'S NEGLIGENCE. C. Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit of proceeding brought against any indemnitee by any entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless any indemnitee. Licensee shall pay all costs incident to such defense, including, but not limited to, reasonable attorney's fees, investigators' fees, litigation and appeal expenses, settlement payments and amounts paid in satisfaction of judgments. Section 11. REMOVAL OF PIPELINE UPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If the Licensee fails to do the foregoing, the Licensor may, but is not obligated, to perform such work of removal and restoration at the cost and expense of the Licensee. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any damage sustained by the Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have against the Licensee. Section 12. WAIVER OF BREACH. The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent breach thereof. Section 13. TERMINATION. A. If the Licensee does not use the right herein granted or the Pipeline for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately terminate this Agreement by written notice. B. In addition to the provisions of subparagraph (a) above, this Agreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated, not less, however, than thirty (30) days subsequent to the date upon which such notice shall be given. C. Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. Section 14. A CREBMENT NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 15. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. Pipeline Crossing 07/20/08 Form Approved, AVP -law EXH__!I ,IT C Union Pacific Railroad Company Insurance Exhibit PART 1: §ENERAL INSTRUCTIONS AND REQUIREMENTS: Prior to execution of this license, Licensee shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with all insurance required by this License. All certificates of Insurance and correspondence shall be addressed and sent to: Union Pacific Railroad Company Real Estate Department — Folder No.: 02559-78 1400 Douglas St., STOP 1690 Omaha, NE 68179-1690 All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the work is to be performed. All policies required by this License shall provide coverage for punitive damages unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this License, or (d) all punitive damages are prohibited by all states in which this License will be performed. The fact that insurance is obtained by Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this License. Damages recoverable by Railroad from Licensee or any third party will not be limited by the amount of the required insurance coverage. PART 2: SPECIFIC INSURANCE LiMITS AND REQUIRE MENYS Licensee shall, at its sole cost and expense, procure and maintain during the life of this License (except as otherwise provided in this License) the following insurance coverage: A. Commercial General Liability Insurance written on ISO Occurrence form CG 00 0112 04 (or a substitute form providing equivalent coverage) with limits of not less than: • $2,000,000 Each Occurrence • $4,000,000 Aggregate This policy must also contain the following endorsements (which must be stated on the certificate of insurance): Additional Insured Endorsement ISO Form CG 20 26 (or a substitute form providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement Form CG 20 26, provide coverage for Railroad's negligence whether sole or partial, active or passive, and shall not be limited by Licensee's liability under the indemnity provisions of this License. • Contractual Liability -Railroads iSO Form 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" covered by this License as the "Designated Job Site". S. Business Automobile Liability Insurance written on ISO Form CA 00 0110 01 (or a substitute form providing equivalent coverage) with a limit of: • $2,000,000 each accident. This policy must contain the following endorsements (which must be stated on the Certificate of Insurance): • Designated Insured ISO Form CA 20 48 02 99 (or a substitute form providing equivalent coverage). • Coverage for Certain Operations in Connection with Railroads ISO Form CA 20 7010 01 showing "Union Pacific Railroad Property" covered by this License as the "Designated Job Site". • Motor Carriers Act Endorsement OMB Form MCS -90 (if required by law). C. Workers Compensation Insurance. Coverage must include but not be limited to: • Licensee's statutory liability under the workers' compensation laws of the state(s) affected by this License. Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. • If Licensee is self-insured, evidence of state approval and excess workers compensation coverage must be provided. • Licensee shall waive all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability obtained by Licensee required in this License. This waiver must be stated on the certificate of Insurance. D. Umbrella or excess liability Insurance. if Licensee utilizes umbrella or excess policies to meet limit requirements, these policies must "follow form" and afford no less coverage than the primary policy. If utilized, Licensee shall waive all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by Umbrella or Excess Liability obtained by Licensee required in this License. This waiver must be stated on the certificate of insurance. E. Railroad Protective Liability Insurance. At all times during construction, installation, repair or removal of a pipeline or wire line Licensee or its Contractor must obtain and maintain Railroad Protective Liability insurance written on ISO occurrence form CG 00 3512 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. A binder stating the policy is in place must be submitted to Railroad before the work may be commenced and until the original policy is forwarded to Railroad. Pipeline Crossing 07/20/08 Form Approved, AVP -law EXHIBIT D MINIMUM SAFETY REQUIREMENTS The term "employees" as used herein refer to all employees of Licensee or its contractors, subcontractors, or agents, as well as any subcontractor or agent of any Contractor. 1. Clothing A. All employees will be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing, or free use of their hands or feet. Specifically, employees must wear: (i) Waist -length shirts with sleeves. (ii) Trousers that cover the entire leg. If flare -legged trousers are worn, the trouser bottoms must be tied to prevent catching. (iii) Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety -toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements. B. Employees shall not wear boots (other than work boots), sandals, canvas -type shoes, or other shoes that have thin soles or heels that are higher than normal. C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating or working on machinery. U. Personal Protective Equipment Employees shall wear personal protective equipment as specified by Railroad rules, regulations, or recommended or requested by the Railroad Representative. (i) Hard hat that meets the American National Standard (ANSI) Z89.1 — latest revision. Hard hats should be affixed with Contractor's company logo or name. (ii) Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face protection, 287.1 — latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, etc. (iii) Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within: 100 feet of a locomotive or roadway/work equipment 15 feet of power operated tools 150 feet of jet blowers or pile drivers • 150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection — plugs and muffs) (iv) Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be worn as recommended or requested by the Railroad Representative. III. On Track Safety Contractor is responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection regulations — 49CFR214, Subpart C and Railroad's On -Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must: (i) Maintain a minimum distance of at least twenty-five (25) feet to any track unless the Railroad Representative is present to authorize movements. (ii) Wear an orange, reflectorized work wear approved by the Railroad Representative. (iii) Participate in a job briefing that will specify the type of On -Track Safety for the type of work being performed. Contractor must take special note of limits of track authority, which tracks may or may not be fouled, and clearing the track. Contractor will also receive special instructions relating to the work zone around machines and minimum distances between machines while working or traveling. IV, Equipment A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative, any of Contractor's equipment is unsafe for use, Contractor shall remove such equipment from Railroad's property. In addition, Contractor must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition, operators must be: Familiar and comply with Railroad's rules on lockoutltagout of equipment. Trained in and comply with the applicable operating rules if operating any by -rail equipment on -track. Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other rail bound equipment. B. All self-propelled equipment must be equipped with a first-aid kit, fire extinguisher, and audible back-up warning device. C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of twenty-five (25) feet from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the equipment against movement. D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the minimum clearances to overhead powerlines. V. General Safety Requirements A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad Representative, if applicable. During this briefing, the Railroad Representative will specify safe work procedures, (including On -Track Safety) and the potential hazards of the job. If any employee has any questions or concerns about the work, the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions, work procedures, or personnel change, C. All track work performed by Contractor meets the minimum safety requirements established by the Federal Railroad Administration's Track Safety Standards 49CFR213. D. All employees comply with the following safety procedures when working around any railroad track: (i) Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, in either direction. (ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components. (iii) In passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length (50 feet). (iv) Avoid walking or standing on a track unless so authorized by the employee in charge, (v) Before stepping over or crossing tracks, look in both directions first. (vi) Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. Pipeline Crossing 080808 Dorm Approved, AVP -Law PIPELINE CROSSING AGREEMENT Mile Post: 459.65, Boise Subdivision/Branch Location: Meridian, Ada County, Idaho Folder No. 02559-78 THIS AGREEMENT ("Agreement") is made and entered into as of June 09, 2009, ("Effective Date") by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, ("Licensor") and CITY OF MERIDIAN, an Idaho municipal corporation to be addressed at 33 East Broadway Ave, Meridian, Idaho 83642 ("Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article 1. LICENSOR GRANTS RIGHT. In consideration of the license fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate one 16 inch pipeline for transporting and conveying water only across Licensoes track(s) and property (the "Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the print dated May 21, 2009 and marked Exhibit A, attached hereto and hereby made a part hereof. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than transporting and conveying water, and the Pipeline shall not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article 2. LICENSE FEE. Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee of Three Thousand Four Hundred Eighty Dollars ($3,480.00). Article 3. CONSTRUCTION, MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, attached hereto and hereby made a part hereof. Article 4. DEFINITION OF LICENSEE. For purposes of this Agreement, all references in this Agreement to the Licensee shall include the Licensee's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. If a contractor is hired by the Licensee for any work performed on the Pipeline (including initial construction and subsequent relocation or maintenance and repair work), then the Licensee shall provide a copy of this Agreement to its contractor and require its contractor to comply with all the terms and provisions hereof relating to the work to be performed. Any contractor or subcontractor shall be deemed an agent of Licensee for the purpose of this Agreement, and Licensee shall require such contractor or subcontractor to release, defend and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend and indemnify Licen&or herein. Article 5. INSURANCE. A. Before commencement of the term of this Agreement and prior to any Pipeline construction, the Licensee or Licensee's contractor shall obtain the required Railroad Protective Liability insurance, at its sole expense, as specified in Section E on Exhibit C attached hereto and hereby made a part hereof The Licensee, at its sole expense, shall also provide to the Licensor the other insurance binders, certificates and endorsements described in Exhibit C, and also require that its contractor or subcontractor maintain the insurance coverages as set forth in Exhibit C, naming Licensor as and additional insured. B. Not more frequently than once every two years, Licensor may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. C. All insurance correspondence, binders, certificates and endorsements shall be directed to: Union Pacific Railroad Company Real Estate Department— Folder No. 02559-78 1400 Douglas Street STOP 1690 Omaha, NE 68179-1690 D. Failure to provide evidence as required by this section shalt entitle, but not require, Licensor to terminate this License immediately. Acceptance of a certificate that does not comply with this Article shall not operate as a waiver of Licensee's obligations hereunder. E. If the Licensee is a public entity subject to any applicable statutory tort laws, the limits of insurance described in Exhibit C shall be the limits the Licensee then has in effect or which is required by applicable current or subsequent law, whichever is greater, a portion of which may be self-insured with the consent and approval of Licensor. F. The fact that insurance (including without limitation, self --insurance) is obtained by Licensee or its contractor/subcontractor shall not be deemed to release or diminish the liability of Licensee including, without limitation, liability under the indemnity provisions of this License. Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. Article 6. TERM. This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as herein provided. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be: executed as of the date first herein written. UNION PACIFIC RAILROAD COMPANY CITY OF MERIDIAN Manager - Contracts ff�-nA�--z Name Printed: Title: PLACE ARROW INDICATING NORTH IDRM DR -0404-B DIRECTION RELATIVE TO CROSSING `Q�' REV. 5,15-98 www.W' 1� ENCASES NO&N-FI<ANil►�t�BLE uprr.Com N ¢v PIPELINE COS I$ SING at�V4. NOTE: ALL AVAILABLE DIMENSIONS MUST BE s$"QQ� NO SCALE F)Lt..ED 1N TO PROCESS THIS APPLICATION. J. $ •�^'+4'Q O ... R«' S Wry Anyam"' —FT. v � I __ _ FT., OG -- h ......_.—....._._.ri X88 /.. ,_,,,_F7. _.....--- (•SFT. ' �y.� v {SEE NOTf 3 6 5) O� a (SEI NGTE 3 6 S) , AW FT. ro KM u �cS` i 1� 4�3 a I ro r�.afJic n I NEAREST Q.k TOWN)RAIN TRACK `h1 _ i ANGLE OF CROSSING) (NEAREST R. R, 10WN1 �tvQ,q"` %_ A/05-/ felllb C l (DESCRIBE FIXED OBJECT (7 4 4, _ $ (SEE NOTE 6) Wh2 � �' y 4QJh h~ v (DISTANCE ALONG TRACK FROST SECTION LINE CROSS INGJ a FT. (NOTE. THIS DIMENSION REOUERED IN ALL CASES. AT LOCATIONS NOT USING SECTIONS, DISTANCE ( " r0 A LEGAL SURVEY LINE IS REQUIRED) RA' Si RAW// LFT.— SFT. ,� JR MIN' ofsT I (See Note 2 .��FT IS PIPELINE CROSSING WITHIN DEDICATED ST ET ?AYES; N0; 11- HIB• • »�» EXHIBIT B) IF YES, NAME OF STREET G I- ROAD" D) DISTRIBUTION LINE —.k-- OR TRANSMISSION LINE [feR RA IiRDAU USf ONLY, j6F T. CARRIER PIPE t COMMODITY TO BE CONVEY Rcc g,/*e,/ Ldltr7�cs QQ � (4.5 FT MIN.) (20 FT. MAX. ) SEAL CASING CASING 4SUBVJVISION1 E) CASING PIPE : 1 r N WALL THICKNESS;MATERIAL; — -- ----- _;DIAMETER NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST ENCASED ��r.t_»� CROSSINC AT OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF CASING PIPE. WHEN FURNISHING DIMENSIONS GIVE OUTSIDE OF / CARRIER PIPE AND INSIDE OF CASING PIPE. [NE"ESt CITTI tCet1NIT) tiiat£1 2 D- iS FT.—r METHOD F INSTALLING CASING PIPE UNDER 7RACK(S): 5 FT. — DRY BORE AND JACK ( WET BORE NOT PERMITTED) ; I ( See Nate A) 100FT. AGR FACEO SUBGRADE FT. SEAL 13 —r. MIN. ) (a0 Ir�O—_..._.— FT. SFT. NOTES :(CASING LENGTH WHEN MEASURED ALONG PIPELINE.) iIALL HORIZONTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES FROMQ OF TRACK. 21 CASING TO EXTEND BEYOND THE 4 OF TRACK AT RIGHT ANGLES THE GREATER OF 20 • 20 FT.. OR 30 FT., AND BEYOND LIMIT OF RAILROAD RICNT-OF-MAT IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE Of TRACK. 31 MINIMUM OF So' FROM THE END OF ANY RAILROAD BRIDOE, 4L OF ANY CULVERT, OR FROM ANY SWITCHING AREA. 41 SIGNAL OF MUST BE ANY DURING INSTALLATION IF RAILROAD SIGNALS ARE IN THE VICINITY OF CROSSING. SJ ALLOWABLE FIXED OBJECTS INCLUOET BACKMALLS OF UNIOOESI i OF ROAD CROSSINGS B OVERHEAD VIADUCTS (GIVE ROAD NAME1. OR CULVERTS, 61 CASING AND CARRIER PIPE MUST BE PLACED A MINIMLIM OF 2 FEET BELOW THE EXISTING FIBER OPTIC CABLE. ANY EXCAVATION REOUIRED WITHIN a cce♦ e.e rue ev.ar..... .a ............ ..."-_ '__-. -_ .-'-_ ____ 8u/ FT_ STEEL CASING WALL THICKNESS CHART .cD [.Y- IC- UK LEAD . 3125" 5/ 16" OVER 12'- 18- .3750" 3/8' OVER 18'-22" .4375" 7/16" OVER 22"-28" .5000" I/2" OVER 28'-34" .5625" 9/16" OVER 34"-42" .6250" 5/8' OVER 42--49- OVER 48" MUST BE APPROVED 8Y R. R. CO. NOTE: THIS CHART IS ONLY FOR SMOOTH STEEL CASING PIPES WITH MINIMUM YIELD STRENGTH OF 35.000 PSI. FORMULA TO FIGURE CASING LENGTH WITH ANGLE OF CROSSING OTHER THAN 900 6z IA SI 8MIN. DI Sr. {ROTE A) IS PIPELINE CROSSING WITHIN DEDICATED ST ET ?AYES; N0; 11- HIB• • »�» EXHIBIT B) IF YES, NAME OF STREET G I- D) DISTRIBUTION LINE —.k-- OR TRANSMISSION LINE [feR RA IiRDAU USf ONLY, C) CARRIER PIPE t COMMODITY TO BE CONVEY Rcc g,/*e,/ Ldltr7�cs UNION PACIFIC RAILROAD CO. OPERATING PRESSURFA / PSI // i/ Plic 9b 1 -- �p:s1t { L9w4,e� 1 TillPRi WALL THICKNESS 0' ;DIAMETER l� ;MATERIAL � 4SUBVJVISION1 E) CASING PIPE : 1 r N WALL THICKNESS;MATERIAL; (� yr Mer •i� •�S E. S. ��{, t()�Z�; _;DIAMETER NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST ENCASED ��r.t_»� CROSSINC AT OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR DIAMETER OF CASING PIPE. WHEN FURNISHING DIMENSIONS GIVE OUTSIDE OF _ p� Aa♦ �p trie:* r a CARRIER PIPE AND INSIDE OF CASING PIPE. [NE"ESt CITTI tCet1NIT) tiiat£1 F} METHOD F INSTALLING CASING PIPE UNDER 7RACK(S): ei o f Aew�A:.M i DRY BORE AND JACK ( WET BORE NOT PERMITTED) ; AVPitum[ RR FILE NO.ZSS9*'�' DATE s'T*61 TUNNEL ;OTHER G1 WILL CONSTRUCTION BE 8Y AN OUTSIDE CONTRACTOR? H) .YES;—N0; DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BO AND JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK_- W A R N I N G II APPLICANT HAS CONTACTED 1-800-336-9193, (30, MIN') IN ALL OCCASIONS, U. P. COWILNICATIONS U. P. COMIk)Nj�,ATION DEPARTMENT, AND HAS DETERMINED FIBER DEPARTMENT eE 1N ADVANCE OPTIC CABLE DOES i DOES N07 ; EXIST IN VICINITY Of fANY OF ANF ROTO( TO To ERMINE EX AND WORK TO BE PERFORMED . TICKET NO. +201_ rbc �Q63 LOCATION OF FIBER OPTIC CABLE. FIBER IC CABLE. PHONE : 1-006,336-9193 Pipeline Crossing 07/20/08 Form Approved, AVP Law ]EXHIBIT B Section 1. .IMITATION AND SUBORDINATION OF RIGHTS GRANTED. A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire property including the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the Licensor without liability to the Licensee or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licensoes property, and others) and the right of the Lizensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION. MAINTENANCE AND OPERATION.. A. The Pipeline shall be designed, constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity with (i) Licensor's current standards and specifications ("UP Specifications"), except for variances approved in advance ir, writing by the Licensor's Assistant Vice President Engineering — Design, or his authorized representative; (ii) such other additional safety standards as the Licensor, in its sole discretion, elects to require, including, without limitation, American Railway Engineering and Maintenance -of -Way Association ("AREMA") standards and guidelines (collectively, "UP Additional Requirements"), and (iii) all applicable laws, rules and regulations ("Laws"). if there is any conflict between the requirements of any Law and the UP Specifications or the UP Additional Requirements, the most restrictive will apply. B. All work performed on property of the Licensor in connection with the design, construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor. C. Prior to the commencement of any work in connection with the design; construction, maintenance, repair, renewal, modification; relocation, reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or tracks of the Licensor, the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work, including the shoring and cribbing, if any, required to protect the Licensoes operations, and shall not proceed with the work until such plans have been approved by the Licensor's Assistant Vice President Engineering Design, or his authorized representative, and then the work shall be done to the satisfaction of the Licensor's Assistant Vice President Engineering Design or his authorized representative. The Licensor shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction, maintenance, repair, renewal, modification; relocation, reconstruction or removal of the Pipeline, and, in the event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefore, all expenses incurred by the Licensor in connection therewith, which expenses shall include all assignable costs. D. The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. E. 1n the prosecution of any work covered by this Agreement, Licensee shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations. Section 3. NOTICE OF COMMENCEMENT OF WORK / LICENSOR REPRESENTATIVE / SUPERVISION / FLAGGING / SAFETY. A. If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion. The Licensee will coordinate its initial, and any subsequent work with the following employee of Licensor or his or her duly authorized representative (hereinafter "Licensor Representative" or "Railroad Representative"): Mr Bob Adams Idaho Northern & Pacific Railroad 199 North Commercial Avenue Emmett, ID 83617 (208) 365-6353, Cellular (208) 861-7614 B. Licensee, at its own expense, shall adequately police and supervise all work to be performed. The responsibility of Licensee for safe conduct and adequate policing and supervision of work shall not be lessened or otherwise affected by Licensoes approval of plans and specifications involving the work, or by Licensor's collaboration in performance of any work, or by the presence at the work site of a Licensor Representative, or by compliance by Licensee with any requests or recommendations made by the Licensor Representative. C. At the request of Licensor, Licensee shall remove from Licensoes property any employee who fails to conform to the instructions of the Licensor Representative in connection with the work on Licensoes property. Licensee shall indemnify Licensor against any claims arising from the removal of any such employee from Licensoes property. D: Licensee shall notify the Licensor Representative at least ten (10) working days in advance of proposed performance of any work in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Licensoes track(s) at any time, for any reason, unless and until a railroad flagman is provided to watch for trains. Upon receipt of such ten (10) day notice, the Licensor Representative will determine and inform Licensor whether a flagman need be present and whether any special protective or safety measures need to be implemented. If flagging or other special protective or safety measures are performed by Licensor, Licensor will bill Licensee for such expenses incurred by Licensor, unless Licensor and a federal, state or local governmental entity have agreed that Licensor is to bill such expenses to the federal, state or local governmental entity. If Licensor will be sending the bills to Licensee, Licensee shall pay such bills within thirty (30) days of receipt of billing. If Licensor performs any flagging, or other special protective or safety measures are performed by Licensor, Licensee agrees that Licensee is not relieved of any of responsibilities or liabilities set forth in this Agreement. E. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight- hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Licensor and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Licensee (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. F. Reimbursement to Licensor will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Licensor is required to pay the flagman and which could not reasonably be avoided by Licensor by assignment of such flagman to other work, even though Licensee may not be working during such time. When it becomes necessary for Licensor to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Licensee must provide Licensor a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Licensee will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional ten (10) days notice must then be given to Licensor if flagging services are needed again after such five day cessation notice has been given to Licensor. G. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed by Licensee or its contractor. Licensee shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the work. Licensee and its contractor shall at a minimum comply with Licensor's safety standards listed in Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by Licensoes own forces. As a part of Licensee's safety responsibilities, Licensee shall notify Licensor if it determines that any of Licensoes safety standards are contrary to good safety practices. Licensee and its contractor shall furnish copies of Exhibit D to each of its employees before they enter the job site. H. Without limitation of the provisions of paragraph G above, Licensee shall keep the job site free from safety and health hazards and ensure that their employees are competent and adequately trained in all safety and health aspects of the job. I. Licensee shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Prompt notification shall be given to Licensor of any U.S. Occupational Safety and Health Administration reportable injuries. Licensee shall have a non -delegable duty to control its employees while they are on the job site or any other property of Licensor, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work. J. If and when requested by Licensor, Licensee shall deliver to Licensor a copy of its safety plan for conducting the work (the "Safety Plan"). Licensor shall have the right, but not the obligation, to require Licensee to correct any deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan. Section 4. LICENSEE M BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the design, construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise. Section 5. REINFORCEMENT, RELOCATION OR REMOVAL OF PIPELINE. A. The license herein granted is subject to the needs and requirements of the Licensor in the safe and efficient operation of its railroad and in the improvement and use of its property. The Licensee shall, at the sole expense of the Licensee, reinforce or otherwise modify the Pipeline, or move all or any portion of the Pipeline to such new location, or remove the Pipeline from the Licensor's property, as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the Licensor, at its sole election, finds such action necessary or desirable. B. All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. A. The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be designed, constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licensor and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. B. Explosives or other highly flammable substances shall not be stored on Licensor's property without the prior written approval of Licensor. C. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Licensoes trackage shall be 'installed or used by Licensor or its contractors without the prior written permission of Licensor. D. When not in use, any machinery and materials of Licensor or its contractors shall be kept at least fifty (50) feet from the centerline of Licensor's nearest track. E. Operations of Licensor and work performed by Licensoes personnel may cause delays in the work to be performed by Licensee. Licensee accepts this risk and agrees that Licensor shall have no liability to Licensee or any other person or entity for any such delays. Licensee shall coordinate its activities with those of Licensor and third parties so as to avoid interference with railroad operations. The safe operation of Licensoes train movements and other activities by Licensor take precedence over any work to be performed by Licensee. Section 7. EROTECTEON OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on the Licensoes property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the Licensor during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except for holidays) at 1-800-336-9193 (also a 24-hour, 7 -day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Licensoes premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee's expense, and will commence no work on the Licensor's property until all such protection or relocation has been accomplished. Licensee shall indemnifir and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph. B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, THE LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD THE LICENSOR HARMLESS FROM AND AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) CAUSED BY THE NEGLIGENCE OF THE LICENSEE, ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, RESULTING IN (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON LICENSOR'S PROPERTY, AND/OR (2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON LICENSOR'S PROPERTY, EXCEPT IF SUCH COSTS, LIABILITY OR EXPENSES ARE CAUSED SOLELY BY THE DIRECT ACTIVE NEGLIGENCE OF THE LICENSOR. LICENSEE FURTHER AGREES THAT IT SHALL NOT HAVE OR SEEK RECOURSE AGAINST LICENSOR FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF SERVICE OR OTHER . CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING LICENSOR'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON LICENSOWS PROPERTY. Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL; TAXES. A. The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. B. The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or on account of the Pipeline, to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared with the entire value of such property. Section 9. RESTORATION OF LICENSOR'S PROPERTY. In the event the Licensor authorizes the Licensee in any manner moves or disturbs any of the property of the Licensor in connection with the construction, maintenance, repair, renewal'modification, reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such property to the same condition as the same were before such property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees; which may result from injury to or death of persons whomsoever,. or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the moving or disturbance of any other property of the Licensor. Section 10. INDEMNITX. A. As used in this Section, "Licensor" includes other railroad companies using the Licensoes property at or near the location of the Licensee's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons whomsoever (including the Licensoes officers, agents, and employees, the Licensee's officers, agents, and employees, as well as any other person); and/or (b) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property in its care or custody). B. AS A MAJOR INDUCEMENT AND IN CONSIDERATION OF THE LICENSE AND PERMISSION HEREIN GRANTED, TO THE FULLEST EXTENT PERMITTED BY LAW, THE LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE LICENSOR FROM ANY LOSS WHICH IS DUE TO OR ARISES FROM: 1. THE PROSECUTION OF ANY WORK CONTEMPLATED BY THIS AGREEMENT INCLUDING THE INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR, RENEWAL, MODIFICATION, RECONSTRUCTION, RELOCATION, OR REMOVAL OF THE PIPELINE OR ANY PART THEREOF; 2. ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE; 3. THE PRESENCE, OPERATION, OR USE OF THE PIPELINE OR CONTENTS ESCAPING THEREFROM; 4. THE ENVIRONMENTAL STATUS OF THE PROPERTY CAUSED BY OR CONTRIBUTED TO BY LICENSEE; 5. ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER; OR 6. LICENSEE'S BREACH OF THIS AGREEMENT, EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE DIRECT NEGLIGENCE OF THE LICENSOR, AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION, IT BEING THE INTENTION OF THE PARTIES THAT THE ABOVE INDEMNITY WILL OTHERWISE APPLY TO LOSSES CAUSED BY OR ARISING FROM, IN WHOLE OR IN PART, LICENSOR'S NEGLIGENCE. C. Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit of proceeding brought against any indemnitee by any entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless any indemnitee. Licensee shall pay all costs incident to such defense, including, but not limited to, reasonable attorney's fees, investigators' fees, litigation and appeal expenses, settlement payments and amounts paid in satisfaction of judgments. Section 11. REMOVAL OF PIPELINE UPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If the Licensee fails to do the foregoing, the Licensor may, but is not obligated; to perform such work of removal and restoration at the cost and expense of the Licensee. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any damage sustained by the Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have against the Licensee. Section 12. WAIVER OF BREACH. The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent breach thereof. Section 13. TERMINATION. A. If the Licensee does not use the right herein granted or the Pipeline for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately terminate this Agreement by written notice. B. In addition to the provisions of subparagraph (a) above, this Agreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated, not less, however, than thirty (30) days subsequent to the date upon which such notice shall be given. C. Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. Section 14. AGREEMENT NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 15. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. Pipeline crossing 07720/09 Form Approved; AVP -Law EXHIBIT C Union Pacific Railroad Company Insurance Exhibit PART 1: GENERAL INSTRUCTIONS AND REQUIREMENTS: Prior to execution of this License, Licensee shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with all insurance required by this License. All certificates of insurance and correspondence shall be addressed and sent to: Union Pacific Railroad Company Real Estate Department — Folder No.: 02559-78 1400 Douglas St., STOP 1690 Omaha, NE 68179-1690 All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Gass VII or better, and authorized to do business in the state(s) in which the work is to be performed. All policies required by this License shall provide coverage for punitive damages unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this License, or (d) all punitive damages are prohibited by all states in which this License will be performed. The fact that insurance is obtained by Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this License. Damages recoverable by Railroad from Licensee or any third party will not be limited by the amount of the required insurance coverage. PART 2: SPECIFIC INSURANCE LIMITS AND REQUIREMENTS Licensee shall, at its sole cost and expense, procure and maintain during the life of this License (except as otherwise provided in this License) the following insurance coverage: A. Commercial General Liability insurance written on ISO Occurrence form CG 00 0112 04 (or a substitute form providing equivalent coverage) with limits of not less than: • $2,000,000 Each Occurrence • $4,000,000 Aggregate This policy must also contain the following endorsements (which must be stated on the certificate of insurance): Additional Insured Endorsement ISO Form CG 20 26 (or a substitute form providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under iSO Additional Insured Endorsement Form CG 20 26, provide coverage for Railroad's negligence whether sole or partial, active or passive, and shall not be limited by Licensee's liability under the indemnity provisions of this License. • Contractual Uability - Railroads ISO Form 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" covered by this License as the "Designated Job Site". a. Business Automobile Liability Insurance written on ISO Form CA 00 0110 01 (or a substitute form providing equivalent coverage) with a limit of. • $2,000,000 each accident. This policy must contain the following endorsements (which must be stated on the Certificate of Insurance): • Designated insured ISO Form CA 20 48 02 99 (or a substitute form providing equivalent coverage). • Coverage for Certain Operations in Connection with Railroads ISO Form CA 20 7010 01 showing "Union Pacific Railroad Property" covered by this License as the "Designated .lob Site". • Motor Carriers Act Endorsement OMB Form MCS -90 (if required by law). C. Workers Compensation Insurance. Coverage must include but not be limited to: • Licensee's statutory liability under the workers' compensation laws of the state(s) affected by this License. Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. • If Licensee is self-insured, evidence of state approval and excess workers compensation coverage must be provided. • Licensee shall waive all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability obtained by Licensee required in this License. This waiver must be stated on the certificate of insurance. D. Umbrella or excess liability Insurance. If Licensee utilizes umbrella or excess policies to meet limit requirements, these policies must"follow form" and afford no less coverage than the primary policy. if utilized, Licensee shall waive all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by Umbrella or Excess Liability obtained by Licensee required in this License. This waiver must be stated on the certificate of insurance. E. Railroad Protective Liability Insurance. At all times during construction, installation, repair or removal of a pipeline or wire line Licensee or its Contractor must obtain and maintain Railroad Protective Liability insurance written on ISO occurrence form CG 00 3512 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. A binder stating the policy Is in place must be submitted to Railroad before the work may be commenced and until the original policy is forwarded to Railroad. Pipeline Crossing 07%20/08 Form Approved, AVP-Uw EXHIBIT D MINIMUM SAFETY REQUIREMENTS The term "employees" as used herein refer to all employees of Licensee or its contractors, subcontractors, or agents, as well as any subcontractor or agent of any Contractor. 1. Clothing A. All employees will be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing, or free use of their hands or feet. Specifically, employees must wear- (i) ear (i) Waist -length shirts with sleeves. (ii) Trousers that cover the entire leg. If flare -legged trousers are worn, the trouser bottoms must be tied to prevent catching. (iii) Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety -toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements. B. Employees shall not wear boots (other than work boots), sandals, canvas -type shoes, or other shoes that have thin soles or heels that are higher than normal. C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating or working on machinery. II. Personal Protective Equipment Employees shall wear personal protective equipment- as specified by Railroad rul,ws, regulations, or recommended or requested by the Railroad Representative. (i) Hard hat that meets the American National Standard (ANSI) Z89.1 — latest revision. !-lard hats should be affixed with Contractor's company logo or name. (ii) Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face protection, Z87.1 — latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, etc. (iii) Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within: 100 feet of a locomotive or roadway/work equipment 15 feet of power operated tools 150 feet of jet blowers or pile drivers • 150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection — plugs and muffs) (iv) Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be wom as recommended or requested by the Railroad Representative.. Ell. On Track Safety Contractor is responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection regulations — 49CFR214, Subpart C and Railroad's On -Track Safety rules. Under 49CFR214, Subpart C. railroad contractors are responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must; (i) Maintain a minimum distance of at least twenty-five (25) feet to any track unless the Railroad Representative is present to authorize movements. (ii) Wear an orange, reflectorized work wear approved by the Railroad Representative. (iii) Participate in a job briefing that will specify the type of On -Track Safety for the type of work being performed. Contractor must take special note of limits of track authority, which tracks may or may not be fouled, and clearing the track. Contractor will also receive special instructions relating to the work zone around machines and minimum distances between machines while working or traveling. IV. Equipment A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative, any of Contractor's equipment is unsafe for use, Contractor shall remove such equipment from Railroad's property. In addition, Contractor must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition, operators must be: Familiar and comply with Railroad's rules on lockoutltagout of equipment. Trained in and comply with the applicable operating rules if operating any by -rail equipment on -track. Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other rail bound equipment. B. All self-propelled equipment must be equipped with a first-aid kit, fire extinguisher, and audible back-up warning device. C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of twenty-five (25) feet from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the equipment against movement. D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the minimum clearances to overhead powerlines. V. General Safety Requirements A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad Representative, if applicable. During this briefing, the Railroad Representative will specify safe work procedures, (including On -Track Safety) and the potential hazards of the job. If any employee has any questions or concerns about the work, the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions, work procedures, or personnel change. C. All track work performed by Contractor meets the minimum safety requirements established by the Federal Railroad Administration's Track Safety Standards 49CFR213. D. All employees comply with the following safety procedures when working around any railroad track: (i) Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, in either direction. (ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components. (iii) in passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length (50 feet). (iv) Avoid walking or standing on a track unless so authorized by the employee in charge. (v) Before stepping over or crossing tracks, look in both directions first. (vi) Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. July 2,2W9 MERIDIAN CITY COUNCIL MEETING July 7, 2009 APPLICANT Sea to Sea, LLC ITEM NO. 5-M REQUEST Amendment to Development Agreement — Request to modify the Development Agreement for Knight Sky Estates -- 6555 North Under Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. IDIAN�-- ,DAHU April 15, 2009 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba RECEIVED APR 16 2009 MDSE LAW GROU Shawn Nickel RORT010 Rose Law Group 6223 North Discovery Way Suite 200 Boise, ID 83713 Re: Amendment to Development Agreement — Knight Sky Estates MDA 08-008 Dear Mr. Nickel, Enclosed please find the original Amendment to the Development Agreement for Knight Sky Estates, which is ready for your review and signatures of the appropriate parties. Please sign where indicated and return to the City of Meridian City Clerk's Office for placement on the next available City Council Agenda for approval. Please call me if you have any questions at 208-888-4433. Sincerely, Tara Green Deputy City Clerk enc. City Clerk's Office — 33 East Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 — Fax 208-888-4218 — www.meridiancfy.org ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 4 BOISE IDAHO 0711= 11:33 AM DEPUTY Bonnie Oberbl1110 ` RECORDED -REQUEST OF III IIII�I�III�I�IIIIII�III��IIO II Meridian CIV 109082037 AMENDMENT TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Sea to Sea, LLC, Owner/Developer THIS AMENDMENT TO DEVELOPMENT AGREEMENT is dated this day of Std ne. , 2009, (AMENDMENT), by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho (CITY), and SEA TO SEA, LLC (OWNER/DEVLEOPER), whose address is 1676 S. Streampointe, Eagle, ID 83616. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain DEVELOPMENT AGREEMENT recorded in 2006 as Instrument # 106122365, on real property more particularly described in the Agreement. B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement to include building elevations for the project as a condition of approval of the recently approved time extension for the preliminary plat. C. CITY and OWNER/DEVELOPER desire to clarify that Owner/Developer may request a variance to Section 5.1.8 if prior approval is obtained from the Idaho Transportation Department. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended as follows: 5.1.8 That only one public access, and no direct lot access, to Chinden Boulevard will be allowed on this site; that the Chinden Boulevard access be constructed as a public street that aligns with the existing public street on the south side of Chinden Boulevard (Long Lake Way); and that all existing accesses to Chinden Boulevard will be abandoned. Owner/Developer may request a variance of this requirement if prior approval is obtained from the Idaho Transportation Department. AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-008) KNIGHT SKY ESTATES PAGE 1 OF 4 5.1.13 All future structures constructed on the site shall substantially comply with the building elevations and construction materials shown in Exhibit A. Further, all future structures shall comply with current design standards in effect at the time of Certificate of Zoning Compliance application, as applicable. 2. That owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation of the Owner/Developer, or their assigns, heirs,.or successor shall not meet the conditions of this amendment to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This amendment shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This amendment shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of owner/Developer, to execute appropriate and recordable evidence of termination of this amendment if City, in its sole and reasonable discretion, had determined that owner/Developer has fully performed its obligations under this amendment. 4. If any provision of this amendment is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this amendment and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This amendment sets forth all promises, inducements, agreements, condition, and understandings between owner/Developer and City relative to the subject matterherem, and there are no promises, agreements, conditions or under -standing, either oral or written, express or implied, between Owner/ Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this amendment shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This amendment shall be effective as of the date herein above written. AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-008) KNIGHT SKY ESTATES PAGE 2 OF 4 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: SEA TO SFA LLC By: CITY OF MERIDIAN By: Mqyo�76ny de Weerd OFF Attest: �7 L. 4blman, City Clerk = T AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-008) KNIGHT SKY ESTATES PAGE 3 OF 4 STATE OF IDAHO ) . ss: County of Ada, ) On this _ day of 3v Nt, 2009, beforeme, the undersigned, a Notary Public in and for said State, personally appeared G f tS dor/ TA o+►,j � nr , known or identified to me to be the ^^ d. of Sea to Sea, LLC, and. acknowledged to me that he executedTe same on behalf of said Limited Liability Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ��� L. Nle,... (SEAL) y��' tAR re' * Pugau"G 4'' y9r8 Of 19,•`x• STATE OF IDAHO ) ss County of Ada ) Notary Public for Idaho Residing at: A My Commission xpires: 5 2 fi ZI 5" On this -11+% day of J-L&I%J , 2009, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •'''�M. (SEAL) : �,r; p T '• �Notary Public or Idaho • . may, !• • Residing at: 1 1 i Commission expires: AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 08-008) KNIGHT SKY ESTATES PAGE 4 OF 4 12i 021.2 IYVI 12i 021.2 Alkv.. �r Y I �yC t. "' fi ry '. k�P�T 1 �•�y L '�i 5 A .. n IN 'N -144 L r '�v o j ,R J NP "�t7� • a r 3 P -%T l.nrnF •11Ii1lli - i&vi•]911; 1 WIN sv-,k` x 2 AM� , tt t`ty s R R t �1�:_i# op Lk, < . » _ . , ❑❑ p 4 ' - 7 � 7 ;2fi�ffi�iC�hn » 1M, 5' X ij jtud :.. .�a" it xq :r �t�rr �k` ��y,Ki ✓�. F� ��'/`.meq c����'� '� %,t. 'i �E ,� iti �R� rAJ t �• i L 1 :. a#' Ali. xk t �5. v a�w:, ,rye*yn� �S fp7 t a Pi '15 y� ry'• ak r-I� 1� n.iS.. � .. M'+.VR.x�t}�t.r , .. 43 r e $ limg i. 9 Nmi t7.4tt a Pit ,t.i,N,i , V'N ( 2t £ ',M` A � '� :$yam �•�'�n �,..�. v` i "1 ' �'�!r b ii ...r f n k A 11- F y U r� ) ,fid (;' s?N. . .......... Ell, �oi wo par SOL IN �12 W-- 4 ": '37 `1 NNE I �NVR r7p4gt WRIA. . . .... ......... WPM I a fi'ne mw July 2, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING July 7, 2009 APPLICANT Mayor's Office ITEM NO. 6-A-1 REQUEST Resolution — Reappointment of Carol Harms to Historic Preservation Commission AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT. CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the city of Meridian. Page 1 of 1 Tara Green From: Michelle Albertson Sent: Monday, June 29, 2009 4:36 PM To: Tara Green; Jaycee Holman Cc: Bill Nary; Robert Simison Subject: Reso Appointing Carol Harms to HP Commission to Seat 5 Follow Up Flag: Follow up Flag Status: Green Attachments: Reso Appointing Carol Harms to HP Commission to Seat 5.doc Tara - attached is a Resolution appointing Carol Harms to the HPC, Seat 5. Please let me know if you have any questions or comments. Thanks, Michelle 7/2/2009 CITY OF MERIDIAN RESOLUTION NO. O —&174 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING A COMMISSIONER TO SEAT 5 OF THE MERIDIAN HISTORIC PRESERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code Title 2, Chapter 1 establishes the Meridian Historic Preservation Commission, its members and terms of their appointments; and WHEREAS, Carol Harms was appointed in April of 2006 to Seat 5 with a term to expire in April, 2009; and WHEREAS, Carol Harms may be reappointed to Seat 5 to a term of 3 years to expire in April of 2012; WHEREAS, the City Council of the City of Meridian deems the appointment of Carol Harms to Seat 5 to be in the best interest of the Meridian Historic Preservation Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That pursuant to Meridian City Code § 2-1-3, Carol Harms is hereby appointed to Seat 5 of the Meridian Historic Preservation Commission, for a term to expire on April, 2012. Section 2. That this Resolution shall be in full force and effect on the 7t' day of July, 2009. ADOPTED by the City Council of the City of Meridian, Idaho, this 7a' day of July, 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this 7b day of July, 2009. ATTEST: By: Jaycee Rolman, Ci RESOLUTION APPOINTING COMMISSION APPROVED: rF 9y l,ayorJA!�&y de Weerd t%N I �A"MERIDIAN HISTORIC PRESERVATION Page 1 of 1 July 2, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING July 7, 2009 APPLICANT Police Department ITEM NO. 6-B-1 REQUEST Byrne Grant MOU 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 OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall became property of the City of Meridian. r Memorandum j Meridian Police Department Jut ®, �9 July 7, 2009 o�t To: Mayor and City Council From: Jeff A. Lavey, Chief of Police Re: MOU - Edward Bryne Justice Assistance Grant The Meridian Police Department is entering a memorandum of understanding for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. We intend to use our funds for technology improvements to our records management system Meridian Police currently uses the New World Records Management System on an AS400 platform. It is our intent to update to a window -based program and upgrade our software modules to make the system more user friendly and increase sharing of key law enforcement data to other law enforcement agencies. The project in is the infancy stages but current costs to Meridian are approximately $100,000 dollars and our share of infrastructure costs for the hardware. Total projects costs are approximately $680,000 dollars shared between four law enforcement agencies. RESOLUTION NO. 20557 BY THE COUNCIL: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY AND TIBBS A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF BOISE, THE BOISE CITY POLICE DEPARTMENT, THE COUNTY OF ADA, THE ADA COUNTY SHERIFF'S OFFICE, GARDEN CITY, THE GARDEN CITY POLICE DEPARTMENT, THE CITY OF MERIDIAN, AND THE CITY OF MERIDIAN POLICE DEPARTMENT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF BOISE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Boise City's Police Department has been awarded funds through an Edward Byrne Memorial Justice Assistance Grant (JAG) 2009, $220,994.00 from an interlocal award of $309,007.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO: Section 1. That the Agreement by and between the City of Boise City, Ada County, the Ada County Sheriffs Office, Garden City, the Garden City Police Department, the City of Meridian, and the City of Meridian Police Department, a copy of said Agreement being attached hereto and incorporated herein by reference, be, and the same is hereby, approved as to both form and content. Section 2. That the Mayor and City Clerk be, and they hereby are, authorized to respectively execute and attest said Agreement for and on behalf of the City of Boise City. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Council of the City of Boise, Idaho, this 30th day of June, 2009. APPROVED by the Mayor of the City of Boise, Idaho this 30th day of June, 2049. APPROVED: MAYOR David S. Bieter 198-09 AGREEMENT NO. GMS APPLICATION NUMBER: INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOISE AND THE BOISE CITY POLICE DEPARTMENT, THE COUNTY OF ADA AND THE ADA COUNTY SHERIFF'S OFFICE, GARDEN CITY AND THE GARDEN CITY POLICE DEPARTMENT, AND THE CITY OF MERIDIAN AND THE CITY OF MERIDIAN POLICE DEPARTMENT 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD LOCAL SOLICITATION This Agreement is made and entered into this 3oth day of J,me , 2009, by and between the City of Boise and the Boise City Police Department, hereinafter referred to as BPD; the County of Ada and the Ada County Sheriff's Office, hereinafter referred to as ACSO; Garden City and the Garden City Police Department, hereinafter referred to as GCPD; and the City of Meridian and the Meridian City Police Department, hereinafter referred to as MCPD; all of the State of Idaho. WHEREAS, BPD, ACSO, GCPD, and MCPD, law enforcement agencies of the City of Boise, County of Ada, Garden City, and City of Meridian, respectively, enter into this agreement pursuant to the authority granted to each agency by Idaho Code § 67-2328; and WHEREAS, BPD, ACSO, GCPD, and MCPD, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, BPD, ACSO, GCPD, and MCPD find that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, ACSO agrees to provide BPD $220,994.00, GCPD $17,420.00, and MCPD $32,005.00 from the JAG award of $309,007.00 awarded to ACSO and the County of Ada; and WHEREAS, BPD, ACSO, GCPD, and MCPD believe it to be in their best interests to reallocate the JAG funds. NOW THEREFORE, BPD, ACSO, GCPD, and MCPD, on behalf of the City of Boise, County of Ada, Garden City, and City of Meridian, respectively, agree as follows: INTERLOCAL AGREEMENT - Page l of 4 wNsherM009 edward byme justice grant local solicitation agreement.doc Section 1 ACSO agrees to pay BPD $220,994.00, GCPD $17,420.00, and MCPD $32,005.00 of JAG funds. Section 2 Nothing in the performance of this Agreement shall impose any liability for claims against ACSO and the County of Ada other than claims for which liability may be imposed by the Idaho Tort Claims Act. Section 3 Nothing in the performance of this Agreement shall impose any liability for claims against BPD and the City of Boise, GCPD and Garden City, and/or MCPD and the City of Meridian other than claims for which liability may be imposed by the Idaho Tort Claims Act. Section 4 Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 5 The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 6 By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. INTERLOCAL AGREEMENT - Page 2 of 4 nAsherift12009 edward byrne justice grant local solicitation agreement.doc CITY OF BOISE fforal"M%� t , � .e- MAYOR GARDEN CITY CN EVANS YOR CITY OF MERIDIAN TAMMY -DE ESRD MAY04 ATTEST: twi30/09 Ci lerk John E. S:E:A L ;A; T: City Clerk ATTEST: City k � !!!l1111t ff 111HNtt INTERLOCAL AGREEMENT - Page 3 of 4 n:lsherif U009 edward bymc justice grant focal solicitation agreement.doc ADA COUNTY SHERIFF'S OFFICE Approved as to form: BOARD OF ADA COUNTY COMMISSIONERS FRED TILMAN, CHAIRMAN SHARON M. ULLMAN, COMMISSIONER RICK YZAGUIRRE, COMMISSIONER W1lM_*119 INTERLOCAL AGREEMENT - Page 4 of 4 nAsheriMW9 edward byme justice grant local solicitation agreenunt.doc josoh Wet Chief legal Advisor to the Sheriff J. David Navarro, Ada County Clerk AGREEMENT NO. GMS APPLICATION NUMBER: INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOISE AND THE BOISE CITY POLICE DEPARTMENT, THE COUNTY OF ADA AND THE ADA COUNTY SHERIFF'S OFFICE, GARDEN CITY AND THE GARDEN CITY POLICE DEPARTMENT, AND THE CITY OF MERIDIAN AND THE CITY OF MERIDIAN POLICE DEPARTMENT 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD LOCAL SOLICITATION This Agreement is made and entered into this 30th day of June , 2009, by and between the City of Boise and the Boise City Police Department, hereinafter referred to as BPD; the County of Ada and the Ada County Sheriffs Office, hereinafter referred to as ACSO; Garden City and the Garden City Police Department, hereinafter referred to as GCPD; and the City of Meridian and the Meridian City Police Department, hereinafter referred to as MCPD; all of the State of Idaho. WHEREAS, BPD, ACSO, GCPD, and MCPD, law enforcement agencies of the City of Boise, County of Ada, Garden City, and City of Meridian, respectively, enter into this agreement pursuant to the authority granted to each agency by Idaho Code § 67-2328; and WHEREAS, BPD, ACSO, GCPD, and MCPD, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, BPD, ACSO, GCPD, and MCPD find that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, ACSO agrees to provide BPD $220,994.00, GCPD $17,420.00, and MCPD $32,005.00 from the JAG award of $309,007.00 awarded to ACSO and the County of Ada; and WHEREAS, BPD, ACSO, GCPD, and MCPD believe it to be in their best interests to reallocate the JAG funds. NOW THEREFORE, BPD, ACSO, GCPD, and MCPD, on behalf of the City of Boise, County of Ada, Garden City, and City of Meridian, respectively, agree as follows: INTERLOCAL AGREEMENT - Page 1 of 4 n:Lshenf \2W9 edward by= justice grant local solicitation agreement.doc Section 1 ACSO agrees to pay BPD $220,994.00, GCPD $17,420.00, and MCPD $32,005.00 of JAG funds. Section 2 Nothing in the performance of this Agreement shall impose any liability for claims against ACSO and the County of Ada other than claims for which liability may be imposed by the Idaho Tort Claims Act. Section 3 Nothing in the performance of this Agreement shall impose any liability for claims against BPD and the City of Boise, GCPD and Garden City, and/or MCPD and the City of Meridian other than claims for which liability may be imposed by the Idaho Tort Claims Act. Section 4 Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 5 The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 6 By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. INTERLOCAL AGREEMENT - Page 2 of 4 nAsherifl` W9 edward byrne justice grant local solicitation agreement doe CITY OF BOISE ( f 10±'�J-"30/09 DAVID H. SIETEX MAYOR GARDEN VANS ATTEST: Cdry/! SEAL v �I,oMs i CITY OF MERIDIAN TAMM E ERD MAYC)f ml • 17GE BEAL INTERLOCAL AGREEMENT - Page 3 of 4 nAsheriff=9 edward byme justice grant local solicitation agreement.doc City Clerk City Clefid ADA COUNTY SHERIFF'S OFFICE P I Ff: J. w.. Approved as to form: BOARD OF ADA COUNTY COMMISSIONERS FRED TILMAN, CHAIRMAN SHARON M. ULLMAN, COMMISSIONER RICK YZAGUIRRE, COMMISSIONER ATTEST: INTERLOCAL AGREEMENT - Page 4 of 4 n:lsheriM009 cdward byrne justice gent local solicitation avvement.doc < A�. JoseVfi NWet Chief legal Advisor to the Sheriff J. David Navarro, Ada County Clerk July 2, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING July 7, 2009 APPLICANT Planning Department ITEM NO. 6-C-1 REQUEST Sign Ordinance Update AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall became property of the City of Meridian. July 2, 2009 Department Reports MERIDIAN CITY COUNCIL MEETING July 7, 2009 APPLICANT Purchasing Department ITEM NO. 6-D-1 REQUEST Water Feature Discussion 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 pubec meetings shag become properly of fhe City of Medd[an. RECEIVED JUL 0 7 2009 CITY OFC>t E` CITY CLERKS OFFICE As you are aware we have reviewed and approved the submitted precast concrete mix design for the precast concrete caps at the water features. The original specification called for 5,000 psi concrete. After further review of information presented to us by the subcontractor we agreed with the subcontractors recommendation to reduce the strength of the product to 3,500 psi in lieu of the originally specified 5,000 psi concrete. The reasons for making this change is that the driving factor for the mix design for these concrete caps is actually more on appearance and durability issues and not so much on compressive strength issues. The information that we have reviewed indicated that the higher strength concrete can produce stiffer mixes that produce very stiff concrete which can cause more shrinkage and cause cracking and curling if not properly cured. We feel that 3,500 psi concrete will provide more than adequate compressive strength for the intended use of the concrete caps and believe that the caps will have a better chance of meeting the aesthetic and durability requirements that we are looking for. To achieve a good durable product for the water features we need to have a concrete mix with low permeability, low shrinkage and has proper air distribution. The specification already called for air entrainment to help resist the freeze thaw cycles but as added assurance we have recommended that an integral water proofing admixture also be installed to the mix design to minimize moisture penetration and help prevent the damage that is caused by the freeze thaw cycle. As far as color is concerned, the original specifications called for gray concrete to match the seat walls at the amphitheater and seat walls at the building entry. As previously discussed, the existing colored caps do look very nice and tie into the building colors extremely well. I believe this is a good call to add the integral color into the mix design to achieve the same look that the City has come accustom to. Sorry again for my absence tonight. Thanks, Steve Christiansen, AIA, LEED AP LCA Architects July 2,2W9 Department Reports MERIDIAN CITY COUNCIL MEETING July 7, 2009 APPLICANT Public Works Department ITEM NO. REQUEST Discussion on Well 27 Right of Way AGENCY COMMENTS CITY CLERK. CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT. CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT. SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: .� Materials presented at pub84 meetings shaR become properly of the C#y of Meridian. To: Jaycee Holman; Tara Green From: Kyle Radek CC: File, DECEIVED JUN 2 9 2009 Date: 6/29/09 Re: Proposed Agenda Item for July 14 City Council LUeting CITY OFG%f ?? CITY CLERKS OFFICE The Public Works Department respectfully requests the following item be placed on the July 14 City Council agenda, under Department Reports, for Council's consideration: Well 27 Right of Way Take by ACHD The City purchased the Well 27 lot for $20,000 In March of 2008. ACHD Is now requiring the acquisition of a portion of the lot for right-of-way for the Ten Mile Road widening. The right-of-way take was expected, so the well lot was originally sized so that It would be sufficient after the right-of-way take. This item Is to provide information for council and to seek direction from council on compensation for the right-of-way take. This Item will be seem again by council in the form of a statutorily -mandated pre -disposition public hearing. Thank you for your consideration. Please contact me if you have any questions regarding this item. M -01% 'ti 0 Page 1 Memo To: Jaycee Holman; Tara Green From: Kyle Radek CC: File, Date: 6/29/09 Re: Proposed Agenda Item for July 14 City Council Meeting The Public Works Department respectfully requests the following item be placed on the July 14 City Council agenda, under Department Reports, for Council's consideration: Well 27 Right of Way Take by ACHD The City purchased the Well 27 lot for $20,000 in March of 2008. ACHD is now requiring the acquisition of a portion of the lot for right-of-way for the Ten Mile Road widening. The right-of-way take was expected, so the well lot was originally sized so that it would be sufficient after the right-of-way take. This item is to provide information for council and to seek direction from council on compensation for the right-of-way take. This item will be seen again by council in the form of a statutorily -mandated pre -disposition public hearing. Thank you for your consideration. Please contact me if you have any questions regarding this item. 0 Page 1 WW � V11-1 kii 0 0 0 ;1= z o, v w y 15 ° aweatr y LL viaCL CL ag ce op - if AD -a't- - .w 't > N7 W+. !g >k = .s i y g y R m I ng NONE iiia if m I ng HIMIMMOMvt FINIMEME 110 I NONE HIMIMMOMvt FINIMEME 110 I July 2, 2009 MERIDIAN CITY COUNCIL MEETING July 7, 2009 APPLICANT ITEM NO. S REQUEST Request for Reconsideration of AZ 08-015, RZ 08-009 and PP 08-012 for Fignut by Ronald Van Auker AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See allached Request Date: Phone: Staff Initials: Materials presented at pubk meetings shay become property of the City of Merldtan. July 2,2W9 AZ 08-015 MERIDIAN CITY COUNCIL MEETING July 7,2W9 APPLICANT Ronald Van Auker ITEM NO. 9 REQUEST Findings for Approval — Request for Annexation and Zoning consisting of 15.05 acres from RUT to C -G and I -L zones for Fignut — w/o South Locust Grove Road, No East Overland Road & s/o 1-84 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See a Cached Findings OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shah become properly of the My of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER EF,IDIAN -- I In the Matter of Annexation of 15.07 Acres from RUT (Ada County) to C -G (General retail and Service Commercial district) (6.5 acres) and I -L (Light Industrial) (8.57 acres); Preliminary Plat Consisting of 7 Non-residential Building Lots and 1 Common Lot on approximately 16.87 acres in a proposed C -G and I -L Zone, Rezone of 1.69 Acres from C- G to I -L and Alternative Compliance for the Landscaping Requirements Adjacent to a Landscape Buffer Encumbered by an Easement within Fignut Subdivision, by Ronald Van Auker Jr. Case No(s). AZ -08-015, RZ-08-009, PP -08-012 and ALT -08-028 For the City Council Hearing Date of. June 23, 2009 (Findings on the July 7, 2009 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 23, 2009 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 23, 2009 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 23, 2009 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 23, 2009 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -08-015, RZ-08-009, PP -08-012 and ALT -08-028 -1- 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Descriptions, Preliminary Plat, Development Agreement and the Conditions of Approval all in the attached Staff Report for the hearing date of June 23, 2009 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Annexation and Zoning and Rezone request as evidenced by having submitted the legal descriptions and exhibit maps, stamped and dated June 17, 2009 and January 6, 2009 by Todd Waite, PLS, is hereby conditionally approved; 2. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of June 23, 2009, incorporated by reference. 3. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated June 11, 2009 is hereby conditionally approved; and, 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of June 23, 2009 incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -08-015, RZ-08-009, PP -08-012 and ALT -08-028 -2- E. engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of June 23, 2009. qt_ ' J_ By action of the City Council at its regular meeting held on the `1"" —day of 2009. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER BRAD HOAGLUN VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -08-015, RZ-08-009, PP -08-012 and ALT -08-028 -3- MAYOR TAMMY de WEERD (TIE BREAKER) Mayor Attest: `\%�,,,,<<�a�,�<<<<< emcee E�man, Ciff Clerld SEAL Copy served upon Applicant,'P Attorney. VOTED Weerd Public Works Department and City By: Dated: '-I• 12.0c, City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -08-015, RZ-08-009, PP -08-012 and ALT -08-028 -4- STAFF REPORT Hearing Date: June 23, 2009 (Continued from April 14 and 28, E IDIAN-- May 26 & June 9) TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: AZ -08-015, RZ-08-009, PP -08-012 & ALT -08-02-78 — Fignut NOTE. This project was heard by the Commission on March 5, 2009. Since that time, the project has been continued to allow the applicant time to coordinate with Nampa Meridian Irrigation District to determine if sufficient irrigation water is available to service the proposed development. NIVIID has notified the applicant there is sufficient water to serve the proposed development. Further, the applicant wanted to discuss with staff a revised landscape plan to use drought tolerant plants within the development to limit water consumption. As a result of that meeting, a revised preliminary plat and a revised landscape plan have been submitted to staff for review. Both revised plans are attached in Exhibit A below. It is important to note, these plans differ slightly from the plans recommended for approval by the Commission. Staff has detailed the changes to the aforementioned plans below. The previous plat proposed 7 total lots [6 non-residential lots (4 I -L lots and 2 C -G lots) and 1 common lot]. The applicant has revised the plat because the UDC requires 25 foot wide landscape buffers in the I -L district on any property sharing a contiguous lot line with a nonindustrial use. On the previous plat, this UDC standard may have impacted the I -L zoned lot proposed as Lott, Block 2. The applicant is now proposing to increase the total number of lots from 7lots to 8 lots and includes increasing the commercial zoned lots (C -G) from 2 lots to 4 lots and decreasing the number of industrial a -L) zoned lots from 4 lots to 3 lots. With the proposed change, the applicant will only be responsible for providing a 25 foot wide landscape buffer adjacent to the southern boundary of Lot 2, Block I as proposed on the revised landscape plan. Staff has approved the 25 foot buffer through alternative compliance (ALT -08-027) concurrently reviewed with this application. The revised landscape plan only varies in the planting materials proposed within the 50 foot buffer adjacent to I-84, common lot 1, Block I and the 25 foot land use buffer along the southern boundary of Lot 2, Block 1. The revised plan calls -out the use of drought tolerant native grasses in place of lawn. Because the commercially zoned portion of the property has increased on the revised preliminary plat, revised legal descriptions and exhibit maps have been attached in Exhibit C below. Changes to the staff report since the March 5th Commission hearing are in bold, italics and underline format below. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Ronald Van Auker, has applied for Annexation and Zoning of 15.07 acres from RUT (Ada County) to C -G (General Retail and Service Commercial) (-3 6_5 acres) and I -L (Light Industrial) (42-48 8.57 acres); rezone of 1.69 acres from C -G (General Retail and Service Commercial) to I -L (Light Industrial); and preliminary plat approval for 6 7 non-residential lots and 1 common lot on approximately 16.78 acres. The applicant has also requested alternative compliance to allow the required street landscape buffers adjacent to E. Bird Dog Drive, east side of S. Fignut Way and I-84 be installed with lot development and deviate from the plantings required for the landscape buffer along western plat boundary because of an existing irrigation and storm drain easement. See Section 9 for further discussion. Fignut AZ, RZ, PP & ALT - 1 - 2. SUMMARY RECOMMENDATION Staff is recommending approval of the proposed development with the Development Agreement provisions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning & Zoning Commission heard these items on February 19 and March 5. 2009. At the March 5, 2009 Public hearing the Commission voted to recommend approval of the subject AZ, RZ and PP request. a. Summary of Commission Public Hearing: L In favor: Ron Van Auker Jr. ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons A. Other staff commenting on application: Pete Friedman, Scott Steckline b. Key Issues) of Discussion by Commission: L Cross access between the Maverick store and Lot 1, Block 2. H. The required 25 -foot wide land use buffers required between the I -L zoned lots and the C -G zoned lots. c. Key Commission Change(s) to Staff Recommendation: L DA provision # 8 added unless reviewed and approved through alternative compliance. ii. Modified condition 2.6 striking the requirement of City Engineers signature and added prior to issuance of a CZC for the development. d. Outstanding Issues) for City Council: L Cross Access between the Maverick Store and Lot 1, Block 2. u. Staff is requesting Council modify DA provision #8 and condition of approval 1.2.1bullet 3 to read: With future development of Lot 2, Block 1, the applicant shall construct a 25 -foot wide landscape buffer adiacent to the southern boundary approved by ALT -08-027. iii. After the Commission hearing, the City Flood Plain Administrator informed the Planning Department of an apparent violation of the Clean Water Act on the subject property because the Nine Mile Creek was tiled without approval from the Army Corps of Engineers. The applicant submitted approved construction drawings and written documentation from NM1D allowing the tiling of the creek. If there is a violation on the property, Staff is recommending the Council add a condition of approval requiring the applicant provide the Planning Department with copies of any permits or approvals from the Army Corp of Engineers with final plat submittal. 0 Ina fro nm! !_! 0 1 1 1 _I_I_ 1_L ' I ._r_s•� •_ ���_1 � X11• _I _, -TTn' WIN Of MENTIRM-301FUZ j "10:1 MIPW ! _ I- 1 i I • , , 1 -- = 1 11_ , _"N I 1 • 1_1 1 ! ! --' U —. MUM J_ 1 I_I_ 1_I - _ 1 _I. , Z=11774 1117 9. 1 1_ Fignut AZ, RZ, PP & ALT - 2 - 3. PROPOSED MOTION Approval After considering all Staff, Applicant and public testimony, I move to approve File Numbers AZ - 08 -015, RZ-08-009 and PP -08-012 as presented in the Staff report for the hearing date of June 23, 2009, with the following modifications to the proposed development agreement and/or conditions of approval: (add any proposed modifications.) Denial After considering all Staff, Applicant and public testimony, I move to deny City Council of File Numbers AZ -08-015, RZ-08-009 and PP -08-012 as presented during the public hearing on June 23, 2009, for the following reasons: (you should state specific reasons for denial of the AZ and PP requests.) Continuance After considering all Staff, Applicant and public testimony, I move to continue File Numbers AZ -08-015, RZ-08-009 and PP -08-012 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The site is generally located on the west side of S. Locust Grove Road, north of E. Overland Road and south of Interstate I-84 in the SE 1/ of Section 18, Township 3 North, Range 1 East. b. Property Owner of Record: Ronald Van Auker 3084 E. Lanark Street Meridian, Idaho 83642 c. Applicant: Same as above d. Representative: Matt Munger, Munger Engineering, Inc. e. Applicant's Statement/Justification: Please see Applicant's submittal letter for more information. 5. PROCESS FACTS a. The subject applications are for Annexation and Zoning, Preliminary Plat and Rezone per City Ordinance. A public hearing is required before the Planning & Zoning Commission and City Council consistent with Meridian City Code Title 11, Chapter 5. b. The subject application is for alternative compliance review per City Ordinance and does not require Commission consideration. A public hearing is not required consistent with Meridian City Code, Title 11, Chapter 5. c. Newspaper notifications published on: February 2, 2009 and February 16, 2009 (Commission); March 23, 2009 and April 6, 2009 (Council) Fignut AZ, RZ, PP & ALT - 3 - d. Radius notices mailed to properties within 300 feet on: January 30, 2009 (Commission); March 19, 2009 (Council) e. Applicant posted notice on site by: February 23, 2009 (Commission); June 12, 2009 (Council) 6. LAND USE a. Existing Land Use(s): There are existing structures (outbuildings and single family home) on the site that need to be removed prior to signature on the final plat. b. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject site is surrounded by mix of uses. To the west there is an existing child care center, vacant commercial land and a church; to the north is interstate I-84; to south are single family residences and a convenience store and to the west is vacant commercial and industrial land. 1. North: Interstate I-84 2. South: Single-family Residential (Sportsman Pointe Subdivision) and Maverick C -store, zoned R4 and C -C 3. West: Pack It Up Subdivision, Child Care Center and Church, zoned C -G and L -O 4. East: Vacant Land; zoned I -L and C -G c. History of Previous Actions: A portion of the Lot 1, Block 2 of the proposed plat was annexed and zoned C -G in 2006. d. Utilities: 1. Public Works a. Location of sewer: E Overland Road. b. Location of water: E Overland Road and S Locust Grove Rd c. Issues or concerns: None e. Physical Features: 1. Canals/Ditches Irrigation: The Nine Mile Creek transverses the western property boundary and is currently tiled. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: A majority of this site lies within the X5 flood zone but is not within the floodway. A portion of the Lot 2, Block 1 (northwest corner) and the tiled Nine Mile Creek adjacent to the western property boundary are located in the AE flood zone. In 1992, the southern half of the proposed development was revised per a LOMR (case number 93-10-020P). 4. Topography: NA 7. COMPREHENSIVE PLAN POLICIES AND GOALS This property is currently designated "Mixed Use -Community" on the Comprehensive Plan Future Land Use Map. The purpose of the Mixed Use areas, as defined on page 102 of the Comprehensive Plan, is as follows, "There are five sub -categories of the Mixed Use designation. Generally, the designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." The requested "Mixed Use — Community" designation allows up to 25 acres of non-residential uses, Fignut AZ, RZ, PP & ALT - 4 - up to 200,000 square feet of non-residential building area and residential densities of 3 to 15 dwelling units to the acre. At this time, the applicant has no vision for how the site may develop. The majority of the site (approximately 13.7 acres) is proposed to be zoned I -L and the remaining acreage is proposed for C -G zoning. Staff believes the requested zoning allows for a mix of uses in the area and the commercially zoned lots fronting on Overland Road and Locust Grove Road may develop with support uses to complement the industrial uses that may develop in the area. Staff finds the application is generally consistent with the Mixed Use -Community land use designation. Idaho Code 67-6508 states that "the plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component." Staff has reviewed the subject CPA, AZ and PP applications and offers the analysis and recommendations contained herein for the Commission and Council's consideration (Staff analysis in italics): Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. The City of Meridian plans to provide municipal services to the subject property in the following manner. ➢ Sanitary sewer and water service will be extended to the project at the developer's expense. ➢ The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. ➢ The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). ➢ The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. ➢ The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. ➢ The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) On the preliminary plat, the Applicant is proposing to construct a 40foot road section with five foot wide attached sidewalks on both sides. The proposed street will provide future access for the lots proposed with this plat and connects the project to both arterials. Further, the existing access point to Locust Grove was approved when the overpass was constructed and aligns with an existing access point on the east side of Locust Grove. A 54 foot access easement is also proposed at the western edge of the cul-de-sac that provides cross connection with Lot 2. Block I of Pack It Up Subdivision. Staff and ACHD are supportive of the street lay -out and both access points. "Require appropriate landscape and street buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) The applicant is responsible for installing a 2S foot landscape buffer along Locust Grove and Overland Road; a 50foot landscape buffer adjacent o I-84; and a 10 foot landscape buffer adjacent to the proposed local/commercial streets. Fignut AZ, RZ, PP & ALT - 5 - • "Permit new ... commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) This parcel is contiguous to the city limits. Sanitary sewer and water are available to the proposed development. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the proposed zoning districts (C -G and I -L) permits a variety of uses and should compliment the mix of uses in the area which include: church, daycare, office and convenience store. • Chapter VII, Goal I, Objective E (page 111) — Establish industrial areas to meet the employment needs of the City of Meridian. Staff believes this area is appropriate for industrial uses based on the existing road network, proximity to I-84 and compatibility with existing industrial and commercial uses surrounding the property. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's development request is appropriate for this property. 8. UNIFIED DEVELOPMENT CODE a. Allowed Uses: Commercial: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C -G zoning district. The applicant does not have a specific use identified for the proposed C -G zoned lots. Future development of these lots shall conform to the permitted, accessory and conditional uses of the zoning district as outlined in the UDC. Industrial Districts: UDC Table 11-2C-2 lists the permitted, accessory, and conditional uses in the I -L zoning district. The applicant does not have a specific use identified for the proposed I- L zoned lots either. Future development of these lots shall conform to the permitted, accessory and conditional uses of the zoning district as outlined in the UDC. b. Purpose Statement of Zoning District: Commercial: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. Light Industrial: The purpose of the I -L district is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian comprehensive plan, the I -L district is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this district. C. 1. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the C -G zoning district and UDC 11-2C-3 for the I -L zoning district. 2. Landscaping: (See dimensional standards above) • Width of street buffer(s): 50 feet adjacent to I-84; 25 feet adjacent to E. Overland Road, a principal arterial street; 25 feet adjacent to S. Locust Grove Road, a Fignut AZ, RZ, PP & ALT - 6 - minor arterial street and 10 feet adjacent to E. Bird Dog Drive and S. Fignut Way, both local streets. Width of buffer(s) between land uses: A 25 -foot wide landscape buffer is required in the I -L zoning district adjacent to non -industrial uses. Percentage of site as open space: NA Tree Preservation: Mitigation is required for all existing healthy trees 4 -inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement. There are existing trees on the site proposed to be removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The Applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department, for any trees that will be removed. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ and Rezone Applications: The Applicant is requesting approval to annex and zone 15.07 acres from the RUT zoning district in Ada County to the C -G and I -L zoning districts in the City. All of the property is currently designated on the Comprehensive Plan Future Land Use Map as Mixed Use -Community. Concurrently, a long narrow 1.69 acre parcel along I-84 is proposed to be rezoned from a C -G zone to an I -L zone. Although the applicant is not proposing any specific uses, staff believes the proposed zoning districts allow the necessary flexibility to develop a cohesive mixed used development. Staff finds the proposed annexation and rezone request consistent with the Mixed Use -Community land use designation. PP Application: Plat Design --The proposed preliminary plat would create b 7 buildable lots and 1 common lot on approximately 16.78 acres of land. Two Four of the lots are proposed to be zoned C -G and few three lots are propose to be zoned I -L. Proposed lots range in size from 0.95 acres to 3.7 acres. All of the lots proposed with the subdivision meet the dimensional standards of the UDC. Access: Access to this development is proposed from a public local/commercial street (S. Fignut Way and E. Bird Dog Drive) with 5 -foot wide attached sidewalks. The proposed streets will provide future lot access and connects the proposed development to the abutting arterial streets (Locust Grove Road and Overland Road). Staff and ACHD are supportive of the street lay -out as proposed. Said streets and sidewalks shall be constructed prior to release of occupancy for the subdivision. Cross -access: UDC 11-3A-3 prohibits direct .lot access to arterial and collector streets when local street access is available. As mentioned above, the applicant is proposing to construct public local/commercial streets to provide connectivity with the abutting arterial streets. Because this street section will probably be classified as a local/commercial street, future access will be taken from said street in accordance with the UDC. Further, the applicant is proposing a 54 -foot access easement along western edge of the cul-de-sac/property boundary which provides connectivity with Lot 2, Block 1 of the Pack It Up Subdivision. Staff is also recommending additional cross access between Lot 1, Block 2 on the proposed plat and the Maverick store at the southern property boundary to allow access to E. Bird Dog Drive as these two lots share a right-in/right- out only access to Locust Grove. Cross access shall be provided as described above via a note on the recorded final plat or a separate recorded agreement at the time of final plat submittal. Landscape Plan: The applicant submitted a landscape plan with this application submittal. The purpose of the plan is only to illustrate the streetscape buffers required for the proposed subdivision. The UDC requires a 50 -foot wide landscape buffer adjacent to I-84; a 25 -foot wide landscape buffer adjacent to Locust Grove Road and Overland Road and a 10 -foot wide Fignut AZ, RZ, PP & ALT - 7 - landscape buffer along E. Bird Dog Drive and S, Fignut Way. Per UDC 11-313-7-6 only driveways, signs and walkways are allowed impervious surfaces in the required landscape buffers along streets. Vehicle display pads and other related impervious surfaces are prohibited in the required buffer. In addition, the UDC requires a 25 -foot wide landscape buffer where I -L zoned property is adjoining non -industrial uses. Lots 2 and 4, Bleek 1 Lot 2, Block 1 is adjacent to existing and. proposed C -G zoned property. With future development of the I -L zoned lots, the applicant shall construct a 25 -foot wide landscape buffer adjacent to the boundaries of the C -G zoned lots in accordance with UDC 11-3B-9. Staff will ensure compliance with this requirement with future CUP or CZC applications. Further, staff has reviewed the submitted landscape plan, prepared by South Landscape Architecture, dated 142/09 06/11/09 and believes the landscape plan is in substantial compliance with the UDC. However due to constraints on the property and lack of a specific user, the applicant has requested alternative compliance. See alternative compliance section below for further analysis. Alternative Compliance: The applicant has applied for alternative compliance to allow the required street landscape buffers adjacent to E. Bird Dog Drive, east side of S. Fignut Way and I- 84 be installed with lot development and deviate from the plantings required for the landscape buffer along western plat boundary because of an existing irrigation and storm drain easement. NMID has a 100 -foot irrigation easement that runs along the southern boundary of Lot 2, Block 1 and encompasses all of Lot 1, Block 1. A portion of the proposed roadway and the attached 5 -foot sidewalk also encroaches into this easement. Further, ACHD has a 20 -foot drainage easement that parallels the irrigation easement and connects to ACHD detention pond site west of lot 2 of Block 1. These easements do not allow for trees to be planted in them. As an alternative to not planting the required 22 trees, the applicant is proposing to landscape all of Lot 1, Block 1 and the 25 foot- wide landscape buffer adjacent to the southern boundary of Lot 2, Block 1 with dawn -drought tolerant native g a� sses, a mix of shrubs and boulders grouped in clusters throughout the landscape buffers. Based on the restriction of trees within the easements, Staff believes strict adherence for the required trees is not feasible in this case. It is important to note the applicant is not asking for a reduced buffer width. As mentioned above, the applicant has also requesting the 50 -foot wide landscape buffer adjacent to I-84 and the 10 -foot wide buffers adjacent to E. Bird Dog Drive and the east side of S. Fignut Way be installed with lot development. The applicant states in the narrative they will install the required 25 -foot wide landscape buffers adjacent to Overland Road and Locust Grove Road and landscape all of Lot 1, Block 1(west side of S. Fignut Way) with the final plat approval. Staff is supportive of the request because there is a possibility the landscaping may be damaged as development occurs on the lots. In addition, the applicant has approximately a quarter mile of frontage along I-84. Therefore, staff believes there is an undue hardship on the applicant particularly since the applicant does not have any end users who want to develop in the area. Staff is supportive of both the applicant's request and approves ALT -08-027$ associated with the findings in Exhibit D. Note: Per UDC 11-5A-2; Alternative Compliance applications are approved at administrative level by the Planning Director. However, because ALT is requested concurrently with the AZ, RZ and PP, Staff has included analysis on the ALT request in this staff report; the ALT application does not require Commission/Council action. Elevations: The applicant has submitted elevations for staff to review. Staff has attached the elevations in Exhibit A below. After reviewing the submitted elevations, staff believes the proposed building design and materials would not meet the City's design standards or comply with the City of Meridian Design Manual. Therefore staff is not tying the proposed elevations to the DA. Instead staff is requiring all future buildings conform to the Design Manual and design standards of the UDC. Fignut AZ, RZ, PP & ALT - 8 - Development Agreement (DA): UDC 11-513-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan and does not negatively impact nearby properties. If the Commission or Council feel that additional development agreement provisions are necessary, staff recommends a clear outline of the commitments of the developer being required. Prior to annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the developer. The DA shall incorporate the provisions listed in Exhibit B of the Staff Report and be approved by the Council within 12 months. Please be advised a $303.00 fee will required to process the development agreement. 10. EDITS A. Drawings 1. Vicinity Map 2. Annexation boundary 3. Preliminary Plat Boundary 4. Revised Preliminary Plat (dated: 124008 6-11-2009 5. Revised Landscape Plan (dated: 014 6-11-2009 6. Elevations (NOT APPROVED) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Ada County Highway District 6. Nampa Meridian Irrigation District 7. Central District Health C. Revised Legal Descriptions & Exhibit Maps D. Required Findings from Unified Development Code Fignut AZ, RZ, PP & ALT - 9 - 1. Vicinity Map '77 77 y - 1126 1120 - 1085 1 1140 -fie ra 4� ? �s SITE Ri ,155 1180 ro r SIIEPH RD ST in ��96 1620 to N 1648 1637 d' n � 1664 Zip: n024" Exhibit A - 1 - 477261384 3 11689 1670 1700 016 1732 1731 1728 1725 1728 Exhibit A - 1 - 2. Annexation Boundary lof 6 3. Preliminary Plat Boundary :❖ ifWROD - INTERSTATE 84 Exhibit A -6- 3. 6- 4. Revised Preliminary Plat Exhibit A - 7 - 5. Revised Landscape Plan Exhibit A - 8 - INTERSTATE 84 A&A COUNTY Or *mwArso 0001", El — — — -------- — — — — — — — -------- ------- — - - -- 0 EL i PLANT LAMSCAPE PLAN Now z AftF1 LANDSCAPE NOTES =WAX=V,. INC. I PIGNUT SUB01Y.S.— LAMMCAM Mod MWLWOUM MAY Exhibit A - 8 - 1111 1F11,111 jjjj-�� Exhibit A - 8 - 6. Elevations (NOT APPROVED) i �� EAST S"A"M Exhibit A - 9 - -------------- ------------- ------------- 17-77 - 3 OO O Exhibit A -12- B. Conditions of Approval On January 29, 2009, a joint agency and departments meeting was held with service providers in this area. The agencies and departments submitted comments have been included below. 1. PLANNING DEPARTMENT 1.1 ANNEXATION/ZONING 1.1.1 The annexation and zoning legal descriptions submitted with the application (stamped on December 10 and 11, 2008 and January 6, 2009 by Todd R. Waite, PLS) is accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. 1.1.2 A Development Agreement will be required as part of the annexation and zoning of this property. Prior to the annexation and rezone ordinance approvals, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 within 12 months of Council approval to initiate this process. Please be advised a $303.00 fee will required to process the development agreement. The DA shall include, at a minimum, the following: All buildings in the development shall be subject to the administrative design review standards listed in the UDC pertaining to architectural character, color & materials, and site design in accordance with the Meridian Design Manual. 2. The Applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review approval from the Planning Department prior to any building construction on the subject property. 3. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 4. The Applicant shall be responsible for all costs associated with sewer and water service installation. 5. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. The applicant shall construct the public streets (S. Fignut Way and E. Bird Dog Drive) as proposed in accordance with ACHD standards. 7. The applicant shall construct the 50 -foot wide landscape street buffer and the 10 -foot wide landscape street buffer adjacent to E. Bird Dog Drive and the east side of S. Fignut Way at the time of lot development as approved with ALT -08-0248. The 25 -foot wide landscape buffers adjacent to Locust Grove, Overland Road and all of the landscaping within Lot 1, Block 1 shall be completed prior to release of occupancy for the final plat. Landscape installation shall be in accordance with UDC11-313-7 and ALT -08-0288. 8. W4h fiAum develepmei# of the 1 L zened lots, laodseape buffer- adjaeeat to the boundafies of the G G zoned lets in aeeefda*ee with UDG With future development of Lot 2, Block 1, the applicant shall construct a 25 -foot wide landscape buffer adjacent to the southern boundary approved by ALT -08-028. Exhibit B - 1 - 9 Display pads and storage yards are restricted from being located within any of the required landscape buffers. 10 Prior to Final Plat approval, the applicant shall provide the Planning Department with conies of any permits or approvals from the Army Corp of Engineers and Idaho Department o Water Resources related to the tiling of Nine Mile Creek. SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.2 The preliminary plat prepared by Munger Engineering, dated Deeember c, 2008 June 11, 2009, labeled PP -2 (attached in Exhibit A), is approved with the conditions listed herein and with the following changes: • A 50 -foot wide street landscape buffer easement is required along I-84. A 25 -foot wide street landscape buffer easement is required adjacent to Locust Grove Road and Overland Road and a 10 -foot wide street landscape buffer easement is required along E. Bird Dog Avenue and the east side of S. Fignut Way per UDC Table 11-2B-3. • The applicant shall provide a 54 -foot cross access easement for Lot 2, Block lin the Pack It Up Subdivision as proposed on the plat and provide cross access between Lot 1, Block 2 and the Maverick C -store to allow access to E. Bird Dog Drive and share the right- in/right-out only access point to Locust Grove Road. Said easements shall be recorded via a separated recorded document or a note on the final plat. • E. Bird Dog Drive and S. Fignut Way shall be constructed as proposed in accordance with ACRD standards. Said streets and sidewalks shall be constructed prior to release of occupancy for the subdivision. 1.2.1 The landscape plan prepared by South Landscape Architecture, dated Jantwy 22, 2A3 June 11, 2009, labeled L-1 and L-2 (attached in Exhibit A), is approved with following modifications from the Planning Department: • The applicant shall construct the 50 -foot wide landscape street buffer and the 10 -foot wide landscape street buffer adjacent to E. Bird Dog Drive and the east side of S. Fignut Way at the time of lot development as approved with ALT -08-0248. The 25 -foot wide landscape buffers adjacent to Locust Grove Road, Overland Road and all of the landscaping within Lot 1, Block 1 shall be completed prior to release of occupancy for the final plat. Landscape installation shall be in accordance with UDC11-313-7 and ALT - 08 -028. wide 4nd Y J with UDG 11 3B 9 ,..,a ALT T 08 027 With future development of Lot 2, Block 1, the applicant shall _construct a 25 -foot wide landscape buffer adjacent to the southern boundary approved by ALT -08-028. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit revised landscape plans to the Planning Department with the submittal of the final plat application. 1.3 GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. Exhibit B - 2 - 1.3.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.3.4 The applicant shall erect temporary construction fencing to contain debris around the perimeter prior to issuance of a building permit. 1.3.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. Per UDC 11-3B-10, the Applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. Provide a copy of the plan to the Planning Department with the final plat submittal. 1.3.6 All irrigation ditches, laterals or canals, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.3.7 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, private streets, and other development features. 1.3.8 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.3.9 A letter of credit or cash surety in the amount of 110% will be required for all required fencing, pressurized irrigation, landscaping, sanitary sewer, water, etc., prior to signature of the final plat. 1.3.10 All development improvements including water, sewer, fencing, landscaping, amenities and pressurized irrigation shall be installed and approved prior to obtaining Certificates of Occupancy. 1.3.11 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of main that is located near the applicant's west property line running from N Locust Grove Road to the I-84 Interstate. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in S Locust Grove Road and E Exhibit B - 3 - Overland Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The Applicant shall provide a 20 -foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.4 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The Applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 All existing structures shall be removed prior to issuance of a CZC for the development. on the fitiA plat by the City Eagimen 2.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate inigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.8 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.9 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.12 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Exhibit B - 4 - 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to obtaining certificates of occupancy. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. 2.19 The Applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project, the Applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. MERIDIAN FIRE DEPARTMENT 3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. Exhibit B -4- 3.2 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.5 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.6 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.7 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.8 There shall be a fire hydrant within 100' of all fire department connections. 3.9 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.10 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 M). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.11 COMMERCIAL AND INDUSTRIAL - Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 4. MERIDIAN POLICE DEPARTMENT 4.1 The police department has no concerns related to the site design of this project. 5. ADA COUNTY HIGHWAY DISTRICT 5.1 Site Specific Conditions of Approval 5.1 Close the existing curb cut on Locust Grove Road and replace it with curb, gutter, and sidewalk to match existing improvements on either side. Exhibit B - 7 - 5.2 Either dedicate 60 -feet of right-of-way from the centerline of Overland Road, OR dedicate 50 - feet of right-of-way from the centerline of Overland Road and provide a 10 -foot wide sidewalk easement abutting the parcel. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The District will purchase the right-of-way which is in addition to existing right-of-way from available Corridor Preservation Funds. 5.3 Close the existing curb cuts onto Overland Road and replace them with curb, gutter, and sidewalk to match existing improvements on either side. 5.4 Construct the Bird Dog Drive to intersect Locust Grove Road located approximately 500 -feet north of Overland Road (measured centerline to centerline). 5.5 Construct the Fignut Way to intersect Overland Road located approximately 600 -feet west of Locust Grove Road (measured centerline to centerline). 5.6 Construct Bird Dog Drive and Fignut Way as 40 -foot commercial/industrial street sections with vertical curb, gutter, and 5 -foot wide attached concrete sidewalk on both sides. 5.7 Other than access specifically approved with this application, direct lot access to Locust Grove Road and Overland Road is prohibited, and shall be noted on the final plat. 5.8 Comply with all Standard Conditions of Approval. 5.2 Standard Conditions of Approval 5.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 5.2.2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 5.2.3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 5.2.4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5.2.5. Comply with the District's Tree Planter Policy. 5.2.6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5.2.7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5.2.8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 5.2.9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 5.2.10. Payment of applicable road impact fees is required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. Exhibit B - 6 - 5.2.11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 5.2.12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 5.1.13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 6. NAMPA MERIDIAN IRRIGATION DISTRICT 6.1 Applicant shall apply for a land use change application prior to final platting. 6.2 All laterals and waste ways must be protected. 6.3 The District's Lateral (Nine Mile Creek courses along the western boundary of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 6.4 All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 6.5 The Developer must comply with Idaho Code 31-3805. 6.6 NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 7. CENTRAL DISTRICT HEALTH DEPARTMENT 7.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 7.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 7.3 Run-off is not to create a mosquito -breeding problem 7.4 Central District Health will require plans be submitted for a plan review for any: food establishments, grocery store, beverage establishment, swimming pools or spas and child care center. Exhibit B - 7 - C. Revised Legal Descriptions and Exhibit Maps hirm surmying, 11C "m Vj I a I 14"&L 51'Jt a ±40 K'3 I x_' 11? H-7055 20fl 947 3B50Tdc, zltm.947,riig Fax f -L P.N. 24.16 June 17.21m9 REZONE DESCRIPTON #2 ZONE TO IL A parcel of kind kwuicd in aw 4.,outhmsi 1/4 orsm-tion 18. T.3N., R, I E.. U.M.. Ada County. Idaho. and IX -Ing ITIOW Pailtwularly dem ribed m rollows; Ck'"UnIURC11119 Ut the -Stoutt=isk canwr of said Section I H, fnim which Hie South 1/4 wriwT of said ScOmn bears S89144,18" W. 2649.09 ka. Lhenilv S 89'44'18" W along the South boundary of said Section 13 MW the cuntarlifte of E. Ove-rhuW Rd.. Jbr a dimancL- ol'420,31 rapt: Ota n" Imi'llig Saki! bowWary and waterline N 110'1542" W fair a disitaftu of 48.00 IL -et to a twino on the Norlh Right-omay line of E. Overland Rd.: lheme S 80'44*19" W along said Right-of-%vay linc ror a distance or227.98 W - 111491t' leaving NOW Right -,or -Way line N 29'02'44- W for a distance ot'594.73 Awl to a PoW on the.. North hourWary of Pack It Up Subdivision as flied in Book 84 at Page 9360. Ada C(luAly flewrds. the REAL POINT OF BEGINNING. thence N 6X'22'2 -7'W along the NoAhrrly boundary or said subdivision for a dicta wx oi* .169.85 lbet: dwice is mving said Northerly boundary N 00'27*30r F lbr a distance of 2w.v6 feet It, t - tkc Swath boundary of the North 1;'2 of the North If) orthe southms, 1,4 of the I 5outhuim 1?4 of said S"-lW IS., thme N 8943'12- E akong said Sot4h tw1wWary for a d6tance of 870.99 rgut. I hetux- S 111 4342" E for a dihtancc of 2-17.09 k*q,• thaacc S 32'23'17" F for a dWance ol`294.01 reel, tkwc N W"28'07" W for a distance of 29,45 feet to a point orcurvc 10 the ngm; Llu=,c along said curve to the right fof a distance or 70.31 feet, saW cui-te having a radift 01`200,00 FW. a coalml angle of 201W32" and at clwTd distanox- of 69.195 him bearing Exhibit C - 1 - N 79"13'31 W its a point oftangent: he k thMce skln% suid curve to Ow le=ft tbr a dMarm of 70M feet, said Lum llavmg a radius Of 2610-00 *04 a casual angle of 2W14'3V and a chord distance, of 70.30 W bmrmg N 79J26'533- W it, a pond of tangm; 1hunive N H9'14* 11- W Rif a digtmuv oF227,74 li'41 10 a PaRU OrCUFW 10 the left. OhLmLv along said CurvC to the led Air a diga"ce (if 93,15 few., haid CUFVC having a radius orsom fes, a ceattat ave. or 39°33'1 8" QW) in e1wr1 distamu or79.46 rm baiwing S 60991 ir w.. 1110ILV N 84'33'05" W 161 a distance 096.28 feet; thou- N 69'22'27' W 166 a didan= of 37.03 tet to t1b: Reall Nint of fanning, wilmaning 8,57 aam of Umd, w. re or L -w, PrepwuJI by Todd R. Waite. P.L.S. PO en Sym4tt It* 1770 EEO )A" V40 KS Exhibit C - 2 - i Exhibit C - 3 - ww. Exhibit C - 3 - PA 24.16 W A I T E 1-1n4 Sumeying, 11C "�qjte! NO IP §3 7LI5 208.ATM30 Tele 208 94-/ "SFr -V r.lx REZONE DESCRIVrON 02 ZONE TO ". Jutta 17, 2NIM A rwcel of kind N)UMCd In the SUULhMM 114 O(SWtion 19, T.3N., R, IF— B.M., Ado Comy, Idaho. aid being nwre Pad"larly described as Wows; Coninicnving at the Southem wrRI.T orwid Scetion I R. from Which the StLiulb 114 comer of said Scown beaN S Sq'44'1 8" W. 2649.09 fL%q, theme S 89'44*1 K" W akwig the South boundary of said Sea 18 and the oewerline or E, Oven twid Rtl., for a distanm or420.31 feet to the REAL POINT OF REGINNNG, thance leavinasaki cmedine N OW15'42" W lbr a distawe of 264.00 lim; 9hemvN S9"44'IW* E gar a distance of 423.96fM to a PDUU can the Easa boundary of said SM-tton M. the N CVII'53*E Am$ said Eno bpmMmy for a dManm in riob.m; thenve Itmving said East boundary N 89"28W W tbr a distance of 123,714 fivi; themc N'42` 9*49" W for a dimamw oft 66.47 tim; ttmcc N 32'2Y1 7- W i6r a dWonce of 16.75 Jed: thewc N 99'28"417' W kir a dWaiwe of 29-45 W to a point W'curvv to die, roc. thcnw along said curve w fix- right for as dibsunce of 70,31 feet, said curve 1wing a ratline of 2MOO fel„ a to angle o r 20'6102" and a ctmd distwca of 69,95 feet bearing N 79°23'51" W to at paint of tangoit; ibence N 6WI 9*35' W liar a (161ance of 102,199 feet to a pLvW of curve to the IcM theme along said wrve h) the lA far a distw= of 70.66 tet,. mid curve having a radim of 200.00 fifics, a centi-al angle of N 79 26'33" W to u point of'rangatt; ftiwt N 89"3411" W ti)r a il�tw= of 227.74 ficl to a PDiw ofurve to the: left. Exhibit C - 4 - thelfwL akjij# said curve PAi tile tell for ad isturim of 83.15 feel, said wrve h.,Av Ing radius a or som feet, 4 59033*18" and 8 chord diawicv of 79.46 W licaruis S 6w3y, 1 (r, W, th6vcc N 94135'05- W for a d6tamc o r96,28 lest; 1hemxN 68"-2'27- W liar a distancivol'37.03 fixt 100PPint on the Fast bmukry or Pact It lip Subdivision as Alec Bit Miok 84 at Page 9360. Ada County ReoDrcll-14 dulwe S 2902'44' E Pking said East boundary for a distance or584.73 Fwt to a loomit on the Nmth RWi It-opway line itr p.. Overland Rd.. thetux, 9 0(r 15'42- E for a distance u f'48,00 fmi u-* the South boundary ofsaid Sc Is. dj1$n Uwace N 3944'18- E along said South boundary fora dk%tanuc vf 227-98 fm to the REAL POINT OF BEGINNING, amilaining 6.50 acres ofland, rmirc or Im. PrapartA by: Tadd R. Wuitc. 11,1..S. ignUj "Malm KMUC WORKS DEPT, Exhibit C - 5 - it I_ -95=J L, Ir N MIN z 0 OM OA0040 tsaaox Fa w P a a �rya� y�g q p Exhibit C - 6 - WAITE 14nd sweyn9, 11C 2710 5uenm&c Rim t3v.t.#. Suite 244L1 &,Ise, !P K..;7L)5 208.947.3830 Tele. 208.947.38229 Fax P.N. 2436 January 6, 2009 REZONE DESCRIPTION FROM CG to IL A parcel of land located in the Southeast 1/4 of the Southeast 1/4 of Section 18, T.3N., R.1 E., B.M., Ada County; Idaho, and being more particularly described as follows: Commencing at the S,iuthcast corner of said Section 18, from which the South 1/4 corner of said Section burs S 8944'18" W, 2649.09 feet, thence N 00°31'53" E along the Fast boundary of said Section 18 and the centerline of Locust Grove Rd., for a distance of 997.01 feet; thence leaving said boundary and centerline S 89°37'27" W for a distance of 89.09 feet to a point on the West Right -of -Way line of Locust Grove Rd., being the REAL POINT OF BEGINNING; thence S 8903727" W for a distance of 322.09 feet; thence S 89°43' 12" W along the South boundary of the N 112 of the N 1/2 of the SEI /4 of the SEI /4 ofsaid Section 18, for a distance of 870.99 feet; thence leaving said South boundary N 00°27'30" E for a distance o€81.47 Ieet to a point on the South Right -of -Way line of Interstate 84; thence along said Right -of -Way line of Interstate 84 for the following 3 courses: thence S 89133'36" E for a distance of 371.62 feet; thence S 8345'17" E for a distance of 200.65 fist; thence S 89°34' 11" E for a distance of 619.41 feet to a point on the West Right -o€ --Way line oflocust Grove Rd.; thence S 02026' 12" E along said Right -of -Way line of Locust Grov for a distance of 45.81 feet to the REAL POINT OF BEGINNING;LL—ft- eq" t containing 1.69 acres of land, more or less. 1' a Prepared by. Todd R. Waite P.L.S. _ 1_ M. L-Proposfigmii tasxr}1Uc+ctamcnts�Fig�� CGtaiLdesc:doc-1 Exhibit C - 7 - Exhibit C - 8 - ti m J Us Jf_, i!< W ® A Hit BAOBO 1V� 1S0007 � � >1 N f 8 of -i :5-901 g S O f Q({0 tn E� T 9 dw z m r-4 t'1 b a; maasaz� co za�.u9' sao�saz'E na.W r m N=5'az'W m v a9.9a' w o Y_ cc I w a CV s N Cw M N O 3,O£,LLOON w�,rr'9u z,ocszaor+ 5 � � �g 4 �® <OY o q�O R C k 1[r E N O In it ]Qin o s ZJ Exhibit C - 8 - W A I T E land surveying, Ilc 2710 Suntise Rim Roa4. Suite 240 Boise, ID 83/05 208.947.3830 Tele. 208.947.3829 Fax P.N. 2436 December 11, 2008 PROPOSED FIGNUT SUBDIVISION A parcel of land located in the Southeast 1/4 of Section 18, T.3N., R. i E., B.M., Ada County, Idaho, and being more particularly described as follows: Commencing at the Southeast corner of said Section 18, from which the South 1/4 corner of said Section bears S 89°44' 18" W, 2649.09 feet, thence S 891044'18" W along the South boundary of said Section 18 and the centerline of E. Overland Rd., for a distance of 420.31 fed; thence leaving said boundary and centerline N 00° 15'42" W for a distance of 48.00 feet to a point on the North Right -of -Way line of E. Overland Rd., being the REAL POINT OF BEGINNING; thence S 89144'18" W along said North Right -of -Way litre for a distance of 227.98 feet to the Southeast corner of Pack It Up Subdivision as filed in Book 84 at Page 9360, Ada County Records; thence leaving said Right -of -Way line N 29°02'44" W along the East boundary of said subdivision for a distance of 584.73 feet to the Northeast corner ofsaid subdivision; thence N 68°22'27' W along the Northerly boundary of said subdivision for a distance of 368.85 feat; thence leaving said Northerly boundary N 00127'30" E for a distance of 379.33 feet to a point on the South Right -of -Way line of Interstate 84; thence along said Right -of -Way line of Interstate 84 for the following 3 courses: thence S 89°33'36" E for a distance of 371.62 feet; thence S 83°45' 17' E for a distance of 200.65 feet; thence S 89°34' 11" E for a distance of 619.41 feet to a point on the West Right -of -Way line of Locust Grove Rd.; CADocuments and 5ettingsWariefleWy DocumentsWignut (xxxx)\Dw ments\FignatBadyDew doe -1 Exhibit C - 9 - thence S 02'26'12" E along said Right -of -Way line of Locust Grove Rd. for a distance of 45.81 fest; thence leaving said Right -of -Way line S 89037'27" W for a distance 322.09 feet; thence S 00°43'42" E for a distance of 237.09 feet; thence S 32°23' 17" E for a distance of 300.86 feet; thence N 88°49'29" E for a distance of 178.78 feet to a point on the West Right -of -Way line ofsaid Locust Grove Rd.; thence S 02°26' 12" E along said Rigbt-of-Way line of Locust Grove Rd. for a distance of 48.75 feet; thence continuing along said Right -of --Way line S 8928'1 OP E for a distance of 7.18 feet; thence continuing along said Right -of -Way line S 00131'53" W for a distance of 194.28 feet; thence leaving said Right -of -Way lime S 89°44' 18" W for a distance of 369.% feet; thence S 00°15'42" E for a distance of 216.00 feet to the REAL POINT OF BEGINNING; containing 16.78 acres of land, more or less. Prepared by. Todd R. Waite P.L.S. CADw menta and SeampWanelleNy Dom=tffignut (xxxx)1Doctanents\Fign fflndyDesc.doe-2 Exhibit C -10- X ce seaala �snaov 1 �c�c m ma w W m � �°► a MM 1 fil n e W B� u4o 0)'X °`� ti m Qz AI i CL F I I a O N � I a °a J b I O I � A N Y� I U �I$ 5 < o�N ?iti us:, ua0 50 g _ Exhibit C - 11 - D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to zone the subject property to C -G and I -L. The Council finds that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 7, of the Staff Report for more information. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that future development of this property should comply with the established regulations and purpose statement of the C -G and I -L zoning districts, if the DA provisions are adhered to. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that a zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that a zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, the Council finds that Annexation and Zoning of this property to C -G and I -L would be in the best interest of the City, if the Applicant enters into Development Agreement (DA) with the City, as mentioned in the Staff Report. 2. Rezone Findings Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an amendment to the Comprehensive Plan, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The Council finds that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan. b. The map amendment complies with the regulations outlined for the proposed Exhibit D - 1 - district, specifically the purpose statement; The Council fmds that the proposed mix of uses allowed within the C -G and I -L zoning districts will assist in providing service needs of the community. The Council fmds that future development of this property should comply with the established regulations and purpose statements of the requested zoning districts. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The rezone is in the best interest of the City. The Council finds that the rezone of the subject property from C -G to I -L is in the best interest of the City. 3. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Council fmds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. The Council supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 7, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the Council fmds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this fmding. (See Exhibit B for more detail.) Exhibit D _ Z _ 5. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACID considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff is unaware. 6. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic, or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Staff is unaware. 4. Alternative Compliance Findings: In order to grant approval for alternative compliance, the director shall determine the following findings: a. Strict adherence or application of the requirements is not feasible; OR Staff finds the location of the irrigation easement and drainage easement does not make it feasible for the planting of the required trees. The applicant. is proposing to install lawn, and a mix of shrubs and boulders throughout the planting area within lot 1, Block 1 and the 25 -foot wide landscape buffer adjacent to the southern boundary of Lot 2, Block Mn addition, the required 50 -foot wide landscape street buffer adjacent to I-84 and the 10 -foot wide landscape street buffers are proposed to be installed with lot development. Staff is supportive of the request because there is a possibility the landscaping may be damaged as development occurs on the lots. In addition, the applicant has approximately a quarter mile of frontage along I-84. Therefore, staff believes there is an undue hardship on the applicant particularly since the applicant does not have any end users who want to develop in the area. b. The alternative compliance provides an equal or superior means for meeting the requirements; and Staff finds the alternative compliance does provide a superior means for meeting the City's landscape standards. The applicant has not asked for width reduction to any of the required landscape buffers. In fact the landscaping proposed for Lot 1, Block 1 exceeds the minimum width required by the UDC. Therefore, Staff supports the proposed concept landscape plan, as depicted in Exhibit A. c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. Staff finds that the proposed alternative will not be detrimental to the public welfare or impair the use or character of the surrounding properties. Exhibit D - 3 _ July 2, 2009 MERIDIAN CITY COUNCIL MEETING APPLICANT Ronald Van Auker July 7, 2009 ITEM NO. 10 REQUEST Findings for Approval -- Request for a Rezone of 1.69 acres from C -G to I -L zones for FlIgnut — w/o South Locust Grove Road, n/o East Overland Road and s/o 1.84 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached Findings OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meddlan. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ERIDIAM- �J In the Matter of Annexation of 15.07 Acres from RUT (Ada County) to C -G (General retail and Service Commercial district) (6.5 acres) and I -L (Light Industrial) (8.57 acres); Preliminary Plat Consisting of 7 Non-residential Building Lots and 1 Common Lot on approximately 16.87 acres in a proposed C -G and I -L Zone, Rezone of 1.69 Acres from C- G to I -L and Alternative Compliance for the Landscaping Requirements Adjacent to a Landscape Buffer Encumbered by an Easement within Fignut Subdivision, by Ronald Van Auker Jr. Case No(s). AZ -08-015, RZ-08-009, PP -08-012 and ALT -08-028 For the City Council Hearing Date of. June 23, 2009 (Findings on the July 7, 2009 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 23, 2009 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 23, 2009 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 23, 2009 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 23, 2009 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -08-015, RZ-08-009, PP -08-012 and ALT -08-028 -I- 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Descriptions, Preliminary Plat, Development Agreement and the Conditions of Approval all in the attached Staff Report for the hearing date of June 23, 2009 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Annexation and Zoning and Rezone request as evidenced by having submitted the legal descriptions and exhibit maps, stamped and dated June 17, 2009 and January 6, 2009 by Todd Waite, PLS, is hereby conditionally approved; 2. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of June 23, 2009, incorporated by reference. 3. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated June 11, 2009 is hereby conditionally approved; and, 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of June 23, 2009 incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -08-015, RZ-08-009, PP -08-012 and ALT -08-028 -2- E engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of June 23, 2009. / By ti of the City Council at its regular meeting held on the r -/day of 2009. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER BRAD HOAGLUN VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED V COUNCIL MEMBER KEITH BIRD VOTED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -08-015, RZ-08-009, PP -08-012 and ALT -08-028 -3- MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor T de Weerd Attest: 0 Jaycee HoWan, City Clerk SEAL Copy served upon Applicant, TFty 11 I�gp ublic Works Department and City C Attorney. '����''��►►�►������`����` By: Dated: - je2..'0 -dKClerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -08-015, RZ-08-009, PP -08-012 and ALT -08-028 -4- STAFF REPORT Hearing Date: June 23, 2009 (Continued from April 14 and 28,E IDIAN7.' May 26 & June 9) TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: AZ -08-015, RZ-08-009, PP -08-012 & ALT -08-02-78 — Fignut NOTE. This project was heard by the Commission on March 5, 2009. Since that time, the project has been continued to allow the applicant time to coordinate with Nampa Meridian Irrigation District to determine if sufficient irrigation water is available to service the proposed development. NMID has notified the applicant there is sufficient water to serve the proposed development. Further, the applicant wanted to discuss with staff a revised landscapeplan to use drought tolerantplants within the development to limit water consumption. As a result of that meeting, a revised preliminary plat and a revised landscape plan have been submitted to staff for review. Both revised plans are attached in Exhibit A below. It is important to note, these plans differ slightly from the plans recommended for approval by the Commission. Staff has detailed the changes to the aforementioned plans below. The previous plat proposed 7 total lots [6 non-residential lots (4 I -L lots and 2 C -G lots) and 1 common lot]. The applicant has revised the plat because the UDC requires 25 foot wide landscape buffers in the I -L district on any property sharing a contiguous lot line with a nonindustrial use. On the previous plat, this UDC standard may have impacted the I -L zoned lot proposed as Lott, Block 2. The applicant is now proposing to increase the total number of lots from 7lots to 8 lots and includes increasing the commercial zoned lots (C -G) from 2 lots to 4 lots and decreasing the number of industrial (I -L) zoned lots from 4 lots to 3 lots. With the proposed change, the applicant will only be responsible for providing a 25 foot wide landscape buffer adjacent to the southern boundary of Lot 2, Block 1 as proposed on the revised landscape plan. Staff has approved the 25 foot buffer through alternative compliance (ALT -08-027) concurrently reviewed with this application. The revised landscape plan only varies in the planting materials proposed within the 50 -foot buffer adjacent to I-84, common lot 1, Block 1 and the 25 foot land use buffer along the southern boundary of Lot 2, Block 1. The revised plan calls -out the use of drought tolerant native grasses in place of lawn. Because the commercially zoned portion of the property has increased on the revised preliminary plat, revised legal descriptions and exhibit maps have been attached in Exhibit C below. Changes to the staff report since the March 5th Commission hearing are in bold, italics and underline format below. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Ronald Van Auker, has applied for Annexation and Zoning of 15.07 acres from RUT (Ada County) to C -G (General Retail and Service Commercial) (-3 6_5 acres) and I -L (Light Industrial) (42-49 8.57 acres); rezone of 1.69 acres from C -G (General Retail and Service Commercial) to I -L (Light Industrial); and preliminary plat approval for g 7 non-residential lots and 1 common lot on approximately 16.78 acres. The applicant has also requested alternative compliance to allow the required street landscape buffers adjacent to E. Bird Dog Drive, east side of S. Fignut Way and 1-84 be installed with lot development and deviate from the plantings required for the landscape buffer along western plat boundary because of an existing irrigation and storm drain easement. See Section 9 for further discussion. Fignut AZ, RZ, PP & ALT - 1 - 2. SUMMARY RECOMMENDATION Staff is recommending approval of the proposed development with the Development Agreement provisions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning & Zoning Commission heard these items on February 19 and March 5, 2009. At the March 5, 2009 public hearing the Commission voted to recommend approval of the subiect AZ, RZ and PP request. a. Summary of Commission Public Hearing: i. In favor: Ron Van Auker Jr. U. In opposition: None W. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons A. Other staff commenting on application: Pete Friedman Scott Steckline b. Key Issues) of Discussion by Commission: L Cross access between the Maverick store and Lot 1 Block 2. ii. The required 25 -foot wide land use buffers required between the I -L zoned lots and the C -G zoned lots. c. Key Commission Change(s) to Staff Recommendation: L DA provision # 8 added unless reviewed and approved through alternative compliance ii. Modified condition 2.6 striking the requirement of City Engineers signature and added prior to issuance of a CZC for the development. d. Outstanding Issue(s) for City Council: L Cross Access between the Maverick Store and Lot 1. Block 2. ii. Staff is requesting Council modify DA provision #8 and condition of approval 1.2.1bullet 3 to read: With future development of Lot 2 Block 1 the applicant shall construct a 25 -foot wide landscape buffer adiacent to the southern boundary approved by ALT -08-027. iii. After the Commission hearing, the City Flood Plain Administrator informed the Planning Department of an apparent violation of the Clean Water Act on the subiect Property because the Nine Mile Creek was tiled without approval from the Army Corps of Engineers. The applicant submitted approved construction drawings and written documentation from NMED allowing the tiling of the creek. If there is a violation on the Property. Staff is recommending the Council add a condition of approval requiring the applicant provide the Planning Department with copies of any permits or approvals from the Army Corp of Engineers with final plat submittal. — L • 1/. • _r_ 1 __ , I - , I--'- -. 1 e _ 1 I _ I I 1 �_ I I I ' _:_ �_. • ) a _ 1. I. • _ ... — I 1 ; 11 TI 177MI_ . • _ r_ • 1 1-1. I ' _y1 i _1 1 _ 1 I I_' , 1 1 - � 1 1 11. 1l i/_ I I _!- I 1 1 1 _ _ 1_ - • I. , 1 _.._I_ �_ I. • _ _ c _I. 1 1 I_ 1 1 rya l 1 1 ♦ • - -\ • . 1 --747M _ 1 kill i;) I_I_ ' I. . -t4wItIMPAU I I _I '' , 1 _ �_ 1 11 _I_I_ _ _ I I _\. 1 _I_I_ _i ' 1. 1 I_ 1 -1 Fignut AZ, RZ, PP & ALT -2- 3. PROPOSED MOTION Approval After considering all Staff, Applicant and public testimony, I move to approve File Numbers AZ - 08 -015, RZ-08-009 and PP -08-012 as presented in the Staff report for the hearing date of June 23, 2009, with the following modifications to the proposed development agreement and/or conditions of approval: (add any proposed modifications.) Denial After considering all Staff, Applicant and public testimony, I move to deny City Council of File Numbers AZ -08-015, RZ-08-009 and PP -08-012 as presented during the public hearing on June 23, 2009, for the following reasons: (you should state specific reasons for denial of the AZ and PP requests.) Continuance After considering all Staff, Applicant and public testimony, I move to continue File Numbers AZ -08-015, RZ-08-009 and PP -08-012 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS Site Address/Location: The site is generally located on the west side of S. Locust Grove Road, north of E. Overland Road and south of Interstate I-84 in the SE 1/a of Section 18, Township 3 North, Range 1 East. b. Property Owner of Record: Ronald Van Auker 3084 E. Lanark Street Meridian, Idaho 83642 c. Applicant: Same as above d. Representative: Matt Munger, Munger Engineering, Inc. e. Applicant's Statement/Justification: Please see Applicant's submittal letter for more information. 5. PROCESS FACTS a. The subject applications are for Annexation and Zoning, Preliminary Plat and Rezone per City Ordinance. A public hearing is required before the Planning & Zoning Commission and City Council consistent with Meridian City Code Title 11, Chapter 5. b. The subject application is for alternative compliance review per City Ordinance and does not require Commission consideration. A public hearing is not required consistent with Meridian City Code, Title 11, Chapter 5. c. Newspaper notifications published on: February 2, 2009 and February 16, 2009 (Commission); March 23, 2009 and April 6, 2009 (Council) Fignut AZ, RZ, PP & ALT - 3 - d. Radius notices mailed to properties within 300 feet on: January 30, 2009 (Commission); March 19, 2009 (Council) e. Applicant posted notice on site by: February 23, 2009 (Commission); June 12, 2009 (Council) 6. LAND USE a. Existing Land Use(s): There are existing structures (outbuildings and single family home) on the site that need to be removed prior to signature on the final plat. b. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject site is surrounded by mix of uses. To the west there is an existing child care center, vacant commercial land and a church; to the north is interstate I-84; to south are single family residences and a convenience store and to the west is vacant commercial and industrial land. 1. North: Interstate I-84 2. South: Single-family Residential (Sportsman Pointe Subdivision) and Maverick C -store, zoned R-4 and C -C 3. West: Pack It Up Subdivision, Child Care Center and Church, zoned C -G and L -O 4. East: Vacant Land; zoned I -L and C -G History of Previous Actions: A portion of the Lot 1, Block 2 of the proposed plat was annexed and zoned C -G in 2006. d. Utilities: 1. Public Works a. Location of sewer: E Overland Road. b. Location of water: E Overland Road and S Locust Grove Rd c. Issues or concerns: None e. Physical Features: 1. Canals/Ditches Irrigation: The Nine Mile Creek transverses the western property boundary and is currently tiled. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: A majority of this site lies within the X5 flood zone but is not within the floodway. A portion of the Lot 2, Block 1 (northwest corner) and the tiled Nine Mile Creek adjacent to the western property boundary are located in the AE flood zone. In 1992, the southern half of the proposed development was revised per a LOMR (case number 93-10-020P). 4. Topography: NA 7. COMPREHENSIVE PLAN POLICIES AND GOALS This property is currently designated "Mixed Use -Community" on the Comprehensive Plan Future Land Use Map. The purpose of the Mixed Use areas, as defined on page 102 of the Comprehensive Plan, is as follows, "There are five sub -categories of the Mixed Use designation. Generally, the designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." The requested "Mixed Use — Community" designation allows up to 25 acres of non-residential uses, Fignut AZ, RZ, PP & ALT - 4 - up to 200,000 square feet of non-residential building area and residential densities of 3 to 15 dwelling units to the acre. At this time, the applicant has no vision for how the site may develop. The majority of the site (approximately 13.7 acres) is proposed to be zoned I -L and the remaining acreage is proposed for C -G zoning. Staff believes the requested zoning allows for a mix of uses in the area and the commercially zoned lots fronting on Overland Road and Locust Grove Road may develop with support uses to complement the industrial uses that may develop in the area. Staff finds the application is generally consistent with the Mixed Use -Community land use designation. Idaho Code 67-6508 states that "the plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component." Staff has reviewed the subj ect CPA, AZ and PP applications and offers the analysis and recommendations contained herein for the Commission and Council's consideration (Staff analysis in italics): Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. The City of Meridian plans to provide municipal services to the subject property in the following manner. ➢ Sanitary sewer and water service will be extended to the project at the developer's expense. ➢ The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. ➢ The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). ➢ The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (AChD). This service will not change. ➢ The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. ➢ The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) On the preliminary plat, the Applicant is proposing to construct a 40foot road section with five foot wide attached sidewalks on both sides. The proposed street will provide future access for the lots proposed with this plat and connects the project to both arterials. Further, the existing access point to Locust Grove was approved when the overpass was constructed and aligns with an existing access point on the east side of Locust Grove. A 54 foot access easement is also proposed at the western edge of the cul-de-sac that provides cross connection with Lot 2. Block I of Pack It Up Subdivision. Staff and AChD are supportive of the street lay -out and both access points. "Require appropriate landscape and street buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) The applicant is responsible for installing a 25 foot landscape buffer along Locust Grove and Overland Road; a 50 foot landscape buffer adjacent o I-84; and a 10 foot landscape buffer adjacent to the proposed local/commercial streets. Fignut AZ, RZ, PP & ALT - 5 - • "Permit new ... commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) This parcel is contiguous to the city limits. Sanitary sewer and water are available to the proposed development. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the proposed zoning districts (C -G and I -L) permits a variety of uses and should compliment the mix of uses in the area which include: church, daycare, office and convenience store. • Chapter VII, Goal I, Objective E (page 111) — Establish industrial areas to meet the employment needs of the City of Meridian. Staff believes this area is appropriate for industrial uses based on the existing road network, proximity to I-84 and compatibility with existing industrial and commercial uses surrounding the property. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's development request is appropriate for this property. 8. UNIFIED DEVELOPMENT CODE a. Allowed Uses: Commercial: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C -G zoning district. The applicant does not have a specific use identified for the proposed C -G zoned lots. Future development of these lots shall conform to the permitted, accessory and conditional uses of the zoning district as outlined in the UDC. Industrial Districts: UDC Table 11-2C-2 lists the permitted, accessory, and conditional uses in the I -L zoning district. The applicant does not have a specific use identified for the proposed I- L zoned lots either. Future development of these lots shall conform to the permitted, accessory and conditional uses of the zoning district as outlined in the UDC. b. Purpose Statement of Zoning District: Commercial: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. Light Industrial: The purpose of the I -L district is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian comprehensive plan, the I -L district is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this district. C. 1. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the C -G zoning district and UDC 11 -2C-3 for the I -L zoning district. 2. Landscaping: (See dimensional standards above) • Width of street buffer(s): 50 feet adjacent to I-84; 25 feet adjacent to E. Overland Road, a principal arterial street; 25 feet adjacent to S. Locust Grove Road, a Fignut AZ, RZ, PP & ALT - 6 - minor arterial street and 10 feet adjacent to E. Bird Dog Drive and S. Fignut Way, both local streets. Width of buffer(s) between land uses: A 25 -foot wide landscape buffer is required in the I -L zoning district adjacent to non -industrial uses. Percentage of site as open space: NA Tree Preservation: Mitigation is required for all existing healthy trees 4 -inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement. There are existing trees on the site proposed to be removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The Applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department, for any trees that will be removed 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ and Rezone Applications: The Applicant is requesting approval to annex and zone 15.07 acres from the RUT zoning district in Ada County to the C -G and I -L zoning districts in the City. All of the property is currently designated on the Comprehensive Plan Future Land Use Map as Mixed Use -Community. Concurrently, a long narrow 1.69 acre parcel along I-84 is proposed to be rezoned from a C -G zone to an I -L zone. Although the applicant is not proposing any specific uses, staff believes the proposed zoning districts allow the necessary flexibility to develop a cohesive mixed used development. Staff finds the proposed annexation and rezone request consistent with the Mixed Use -Community land use designation. PP Application: Plat Design --The proposed preliminary plat would create g 7 buildable lots and 1 common lot on approximately 16.78 acres of land. Two Four of the lots are proposed to be zoned C -G and few three lots are propose to be zoned I -L. Proposed lots range in size from 0.95 acres to 3.7 acres. All of the lots proposed with the subdivision meet the dimensional standards of the UDC. Access: Access to this development is proposed from a public local/commercial street (S. Fignut Way and E. Bird Dog Drive) with 5 -foot wide attached sidewalks. The proposed streets will provide future lot access and connects the proposed development to the abutting arterial streets (Locust Grove Road and Overland Road). Staff and ACHD are supportive of the street lay -out as proposed. Said streets and sidewalks shall be constructed prior to release of occupancy for the subdivision. Cross -access: UDC 11-3A-3 prohibits direct lot access to arterial and collector streets when local street access is available. As mentioned above, the applicant is proposing to construct public local/commercial streets to provide connectivity with the abutting arterial streets. Because this street section will probably be classified as a local/commercial street, future access will be taken from said street in accordance with the UDC. Further, the applicant is proposing a 54 -foot access easement along western edge of the cul-de-sac/property boundary which provides connectivity with Lot 2, Block 1 of the Pack It Up Subdivision. Staff is also recommending additional cross access between Lot 1, Block 2 on the proposed plat and the Maverick store at the southern property boundary to allow access to E. Bird Dog Drive as these two lots share a right-in/right- out only access to Locust Grove. Cross access shall be provided as described above via a note on the recorded final plat or a separate recorded agreement at the time of final plat submittal. Landscape Plan: The applicant submitted a landscape plan with this application submittal. The purpose of the plan is only to illustrate the streetscape buffers required for the proposed subdivision. The UDC requires a 50 -foot wide landscape buffer adjacent to I-84; a 25 -foot wide landscape buffer adjacent to Locust Grove Road and Overland Road and a 10 -foot wide Fignut AZ, RZ, PP & ALT - 7 - landscape buffer along E. Bird Dog Drive and S, Fignut Way. Per UDC 11-311-7-6 only driveways, signs and walkways are allowed impervious surfaces in the required landscape buffers along streets. Vehicle display pads and other related impervious surfaces are prohibited in the required buffer. In addition, the UDC requires a 25 -foot wide landscape buffer where I -L zoned property is adjoining non -industrial uses. Lots 2 and 4, Bleek 1 Lot 2, Block 1 is adjacent to existing and propose C -G zoned property. With future development of the I -L zoned lots, the applicant shall construct a 25 -foot wide landscape buffer adjacent to the boundaries of the C -G zoned lots in accordance with UDC 11-313-9. Staff will ensure compliance with this requirement with future CUP or CZC applications. Further, staff has reviewed the submitted landscape plan, prepared by South Landscape Architecture, dated X99 06/11/09 and believes the landscape plan is in substantial compliance with the UDC. However due to constraints on the property and lack of a specific user, the applicant has requested alternative compliance. See alternative compliance section belowfor further analysis. Alternative Compliance: The applicant has applied for alternative compliance to allow the required street landscape buffers adjacent to E. Bird Dog Drive, east side of S. Fignut Way and I- 84 be installed with lot development and deviate from the plantings required for the landscape buffer along western plat boundary because of an existing irrigation and storm drain easement. NMID has a 100 -foot irrigation easement that runs along the southern boundary of Lot 2, Block 1 and encompasses all of Lot 1, Block 1. A portion of the proposed roadway and the attached 5 -foot sidewalk also encroaches into this easement. Further, ACHD has a 20 -foot drainage easement that parallels the irrigation easement and connects to ACHD detention pond site west of lot 2 of Block 1. These easements do not allow for trees to be planted in them. As an alternative to not planting the required 22 trees, the applicant is proposing to landscape all of Lot 1, Block 1 and the 25 foot- wide landscape buffer adjacent to the southern boundary of Lot 2, Block 1 with lam drought tolerant native grasses, a mix of shrubs and boulders grouped in clusters throughout the landscape buffers. Based on the restriction of trees within the easements, Staff believes strict adherence for the required trees is not feasible in this case. It is important to note the applicant is not asking for a reduced buffer width. As mentioned above, the applicant has also requesting the 50 -foot wide landscape buffer adjacent to I-84 and the 10 -foot wide buffers adjacent to E. Bird Dog Drive and the east side of S. Fignut Way be installed with lot development. The applicant states in the narrative they will install the required 25 -foot wide landscape buffers adjacent to Overland Road and Locust Grove Road and landscape all of Lot 1, Block 1(west side of S. Fignut Way) with the final plat approval. Staff is supportive of the request because there is a possibility the landscaping may be damaged as development occurs on the lots. In addition, the applicant has approximately a quarter mile of frontage along I-84. Therefore, staff believes there is an undue hardship on the applicant particularly since the applicant does not have any end users who want to develop in the area. Staff is supportive of both the applicant's request and approves ALT -08-027$ associated with the findings in Exhibit D. Note: Per UDC 11-5A-2; Alternative Compliance applications are approved at administrative level by the Planning Director. However, because ALT is requested concurrently with the AZ, RZ and PP, Staff has included analysis on the ALT request in this staff report; the ALT application does not require Commission/Council action. Elevations: The applicant has submitted elevations for staff to review. Staff has attached the elevations in Exhibit A below. After reviewing the submitted elevations, staff believes the proposed building design and materials would not meet the City's design standards or comply with the City of Meridian Design Manual. Therefore staff is not tying the proposed elevations to the DA. Instead staff is requiring all future buildings conform to the Design Manual and design standards of the UDC. Fignut AZ, RZ, PP & ALT - 8 - Development Agreement (DA): UDC ll -5B -3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan and does not negatively impact nearby properties. If the Commission or Council feel that additional development agreement provisions are necessary, staff recommends a clear outline of the commitments of the developer being required. Prior to annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the developer. The DA shall incorporate the provisions listed in Exhibit B of the Staff Report and be approved by the Council within 12 months. Please be advised a $303.00 fee will required to process the development agreement. 10. EDITS A. Drawings 1. Vicinity Map 2. Annexation boundary 3. Preliminary Plat Boundary 4. Revised Preliminary Plat (dated: "�^�08 6-11-2009 5. Revised Landscape Plan (dated: 01/224009 6-11-2009) 6. Elevations (NOT APPROVED) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Ada County Highway District 6. Nampa Meridian Irrigation District 7. Central District Health C. Revised Legal Descriptions & Exhibit Maps D. Required Findings from Unified Development Code Fignut AZ, RZ, PP & ALT - 9 - 1. Vicinity Map 1495 Exhibit A - 1 - 1495 1120 1126 1085 N �Oq6 G C N u°Di M P 1620 1648 024 h n a n $ N M� i< M ��s 1664 < 69' 1708 726?�� 1384 179 016 B 1732 1731 17: Exhibit A - 1 - 1495 1120 1126 1085 4. Revised Preliminary Plat Exhibit A -7- 5. Revised Landscape Plan Exhibit A -8- INTERSTATE 84 ANA C041M Aw POND strlr "' 4X V; El eL -------- 0 wwwbwn---- PLANT SCMDULE— momorAMIT-L."T, . �-M W LAMMAPE RM LANDSCAPE NOTES -021� MW AEwtu f*NU-t &B01/191M LA;C*rAPjTPLA4 7 "MUVWWPLATAT .ZMC. . L lol"i-I Exhibit A -8- "' 4X V; 0 momorAMIT-L."T, . �-M W Exhibit A -8- 6. Elevations (NOT APPROVED) N I Ems® �l]i /�i7�iJ� EAST e"A"m l_ f Exhibit A Exhibit A -12- B. Conditions of Approval On January 29, 2009, a joint agency and departments meeting was held with service providers in this area. The agencies and departments submitted comments have been included below. 1. PLANNING DEPARTMENT 1.1 ANNEXATION/ZONING 1.1.1 The annexation and zoning legal descriptions submitted with the application (stamped on December 10 and 11, 2008 and January 6, 2009 by Todd R. Waite, PLS) is accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. 1.1.2 A Development Agreement will be required as part of the annexation and zoning of this property. Prior to the annexation and rezone ordinance approvals, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 within 12 months of Council approval to initiate this process. Please be advised a $303.00 fee will required to process the development agreement. The DA shall include, at a minimum, the following: 1. All buildings in the development shall be subject to the administrative design review standards listed in the UDC pertaining to architectural character, color & materials, and site design in accordance with the Meridian Design Manual. 2. The Applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review approval from the Planning Department prior to any building construction on the subject property. 3. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 4. The Applicant shall be responsible for all costs associated with sewer and water service installation. 5. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. The applicant shall construct the public streets (S. Fignut Way and E. Bird Dog Drive) as proposed in accordance with ACRD standards. 7. The applicant shall construct the 50 -foot wide landscape street buffer and the 10 -foot wide landscape street buffer adjacent to E. Bird Dog Drive and the east side of S. Fignut Way at the time of lot development as approved with ALT -08-028. The 25 -foot wide landscape buffers adjacent to Locust Grove, Overland Road and all of the landscaping within Lot 1, Block 1 shall be completed prior to release of occupancy for the final plat. Landscape installation shall be in accordance with UDC11-313-7 and ALT -08-028. 8. W4h fiiikffe development of the 1 L zoned lots, With future development of Lot 2, Block 1, the applicant shall construct a 25 -foot wide landscape buffer adiacent to the southern boundary approved by ALT -08-028. Exhibit B - 1 - 9 Display pads and storage yards are restricted from being located within any of the required landscape buffers. 10. Prior to Final Plat approval, the applicant shall provide the Planning Department with copies of any permits or approvals from the Army Corn of Engineers and Idaho Department of Water Resources related to the tiling of Nine Mile Creek. SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.2 The preliminary plat prepared by Munger Engineering, dated Deee... beF 5, 2008 June 11, 2009, labeled PP -2 (attached in Exhibit A), is approved with the conditions listed herein and with the following changes: A 50 -foot wide street landscape buffer easement is required along I-84. A 25 -foot wide street landscape buffer easement is required adjacent to Locust Grove Road and Overland Road and a 10 -foot wide street landscape buffer easement is required along E. Bird Dog Avenue and the east side of S. Fignut Way per UDC Table 11-2B-3. The applicant shall provide a 54 -foot cross access easement for Lot 2, Block lin the Pack It Up Subdivision as proposed on the plat and provide cross access between Lot 1, Block 2 and the Maverick C -store to allow access to E. Bird Dog Drive and share the right- in/right-out only access point to Locust Grove Road. Said easements shall be recorded via a separated recorded document or a note on the final plat. E. Bird Dog Drive and S. Fignut Way shall be constructed as proposed in accordance with ACHD standards. Said streets and sidewalks shall be constructed prior to release of occupancy for the subdivision. 1.2.1 The landscape plan prepared by South Landscape Architecture, dated januafy 22, 2 June 11, 2009, labeled L-1 and L-2 (attached in Exhibit A), is approved with following modifications from the Planning Department: • The applicant shall construct the 50 -foot wide landscape street buffer and the 10 -foot wide landscape street buffer adjacent to E. Bird Dog Drive and the east side of S. Fignut Way at the time of lot development as approved with ALT -08-0278. The 25 -foot wide landscape buffers adjacent to Locust Grove Road, Overland Road and all of the landscaping within Lot 1, Block 1 shall be completed prior to release of occupancy for the final plat. Landscape installation shall be in accordance with UDC11-313-7 and ALT - 08 -02-78. wide landseape buffer- adjaeent to the boundaries of the G G zened lets in aeeefdane withT , ca DC 1i-313 9 and ALT 08 07With future development of Lot 2, Block 1. the applicant shall construct a 25 -foot wide landscape buffer adjacent to the southern boundary approved by ALT -08-028. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit revised landscape plans to the Planning Department with the submittal of the final plat application. 1.3 GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. Exhibit B - 2 - 1.3.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.3.4 The applicant shall erect temporary construction fencing to contain debris around the perimeter prior to issuance of a building permit. 1.3.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. Per UDC 11-3B-10, the Applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. Provide a copy of the plan to the Planning Department with the final plat submittal. 1.3.6 All irrigation ditches, laterals or canals, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.3.7 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, private streets, and other development features. 1.3.8 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.3.9 A letter of credit or cash surety in the amount of 110% will be required for all required fencing, pressurized irrigation, landscaping, sanitary sewer, water, etc., prior to signature of the final plat. 1.3.10 All development improvements including water, sewer, fencing, landscaping, amenities and pressurized irrigation shall be installed and approved prior to obtaining Certificates of Occupancy. 1.3.11 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of main that is located near the applicant's west property line running from N Locust Grove Road to the I-84 Interstate. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in S Locust Grove Road and E Exhibit B - 3 - Overland Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The Applicant shall provide a 20 -foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.4 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The Applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 All existing structures shall be removed prior to issuance of a CZC for the development.sigaaPaF on the final plat by the City ERgiaeef. 2.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.8 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.9 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.11 A lettdr of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.12 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Exhibit B - 4 - 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to obtaining certificates of occupancy. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. 2.19 The Applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project, the Applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. MERIDIAN FIRE DEPARTMENT 3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %Z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. Exhibit B - 4 - 3.2 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.5 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.6 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.7 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.8 There shall be a fire hydrant within 100' of all fire department connections. 3.9 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.10 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.11 COMMERCIAL AND INDUSTRIAL - Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 4. MERIDIAN POLICE DEPARTMENT 4.1 The police department has no concerns related to the site design of this project. 5. ADA COUNTY HIGHWAY DISTRICT 5.1 Site Specific Conditions of Approval 5.1 Close the existing curb cut on Locust Grove Road and replace it with curb, gutter, and sidewalk to match existing improvements on either side. Exhibit B - '7 - 5.2 Either dedicate 60 -feet of right-of-way from the centerline of Overland Road, OR dedicate 50 - feet of right-of-way from the centerline of Overland Road and provide a 10 -foot wide sidewalk easement abutting the parcel. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The District will purchase the right-of-way which is in addition to existing right-of-way from available Corridor Preservation Funds. 5.3 Close the existing curb cuts onto Overland Road and replace them with curb, gutter, and sidewalk to match existing improvements on either side. 5.4 Construct the Bird Dog Drive to intersect Locust Grove Road located approximately 500 -feet north of Overland Road (measured centerline to centerline). 5.5 Construct the Fignut Way to intersect Overland Road located approximately 600 -feet west of Locust Grove Road (measured centerline to centerline). 5.6 Construct Bird Dog Drive and Fignut Way as 40 -foot commercial/industrial street sections with vertical curb, gutter, and 5 -foot wide attached concrete sidewalk on both sides. 5.7 Other than access specifically approved with this application, direct lot access to Locust Grove Road and Overland Road is prohibited, and shall be noted on the final plat. 5.8 Comply with all Standard Conditions of Approval. 5.2 Standard Conditions of Approval 5.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 5.2.2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 5.2.3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 5.2.4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5.2.5. Comply with the District's Tree Planter Policy. 5.2.6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5.2.7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5.2.8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 5.2.9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 5.2.10. Payment of applicable road impact fees is required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. Exhibit B - 6 - 5.2.11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 5.2.12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 5.1.13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 6. NAMPA MERIDIAN IRRIGATION DISTRICT 6.1 Applicant shall apply for a land use change application prior to final platting. 6.2 All laterals and waste ways must be protected. 6.3 The District's Lateral (Nine Mile Creek courses along the western boundary of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 6.4 All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 6.5 The Developer must comply with Idaho Code 31-3805. 6.6 NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 7. CENTRAL DISTRICT HEALTH DEPARTMENT 7.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 7.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 7.3 Run-off is not to create a mosquito -breeding problem. 7.4 Central District Health will require plans be submitted for a plan review for any: food establishments, grocery store, beverage establishment, swimming pools or spas and child care center. Exhibit B - 7 - C. Revised Legal Descriptions and Exhibit Maps P.N. 2436 land sumying, 11C 2lit" 'xtW, e N I aj fw L Scute NO w CKIk'Ir, 208-9479[15-LITcle, 2,Lw.v4:,?5f1i9 Fax REZONE DESCRIPTON #2 June 17. 20m ZONE TO IL A parwi o f land k-jealed in the &jUthtm, 1/4 (IrSoCtion 18. T.M., R, I E.- H -M- Ada COU"tY. Idaho. and being imore pwiscularly jescribW m rallows; CoirAll'!Rclng 01 the SusudmW concur ofaidd SvAkiin IN. fn,m whicl,the S4 ulh 114 tX --,fttL of said Scam Hears S;RY,44'1 8" W. 2649.09 fig. th- S 89044'18" W Won?, the 14-autli boundary of Section 18 and the ccntcrhft of elft:L E, Ower6nd Rd.. lbf a dislamw of420.31 few: 11vOlf-v leaving said boundary and centerlinc N (01 5*Q" W fora dirtanat- of4g.011 fm to a Point on the With Right-itf. Way Zinc; orF- Overland Rd.: thuft-C S 149'`°44'1 9" W along staid Righl-OMYRY line for a distartm of 227.% W; 111411"* kmving Said Right -of -Way line N 29002'44- W tor a dwtunce or5S4.73 fed to a pout on Ilw North bourwary of rack It Up Subdivisma a filcd in Egonk 84 at Page 9-160. Ada County Rewrd.,4 the REAL POINT OF BEGINNING. lbiftle N 6X22'217' W along the Nonherly boundary orsaid subdivision for a distuucc or 1U.81 feet: thoue leovong said Norlhcrly boundary N (W27'3(r F tar u distance of 297.116 IL,41 10 itis Stluih hownhArY of the North U2 of the North 10- ofthL, soulliml, 1,14 of the Southmast 114 of said Swim I S. - theme N S9°43'12"' E ukkflg said South Hatt wary fbr a dkitmilce of 87o.99 faces. I lxltwe S OW43'42" I- for a distmica of 217m4 thunce S 3223'17" rj, for E, dWmce ol'294.03 rem. Ikwc N 1 1"214*07" W for a durance of 29,45 feet W a pawl of curve to the right; LJU=C aking Said m it# the right thf a distarwe or 70.31 tett. SUW culye having a radius a,j-000,00 fw. a central migic of 241P08*31" and a cliard distajux or69.95 fim beankg, Z:'P144W54)PUR I-LjeL_d=. I Exhibit C - 1 - N ?W113'31 W ti® a point 4)f tangent, Lhmuv IN Wl W35" W for u distmjiv of J(P--99 rCL-L to a rloj,31 4)1,curwe tA) I th=e 8611% Suid can -e to IW Left 'i►" "larmOf 711,66 fcel, said Lum havmg a radius Of 200-00 Jbd, a Cradral angle of 20'14'3V and a dwird distance, of 70.30 foo bmrmg N 79'20'53" W tin a poW OrtwVS= throe N N9'34* 11- W 6r a distamw OF227.74 tba to a patin arcurve. 10 The k -.ft.. 'hLmt.%'SbnS said MM to the ICA rOr a fi%tawc of $3.15 few, SdW curve having a radius OFH()'Ofj fLV, a u-critm] angle 'If 59-33.1 V am] a emird distamu vm.46 rm bewing S 6099'1 (Y" W thimim N $4955'05" W 16t a distani;v tbfq6.2S leo; thencu N "'22'27" W tbr a distance Of37.03 tees to Ow Real Munt of ftmning *111121filog 8.57 iiatz of 6nd, wreor kemt. Pa Tial by Todd R. Waite. P. L.S. 1. pig A 4F I:r- ft Poo rVe ,06%sbw- Exhibit C - 2 - Exhibit C - 3 - W A I T E land surveying, 11c KIM RIA -1 '�Ilte 940 K - IP s't,5705 208.$47.300T& 20894j3Fr29r.jx P.N. 24.16 June 17,2(w REZONE DES'RIP TON *2 ZONE TO C -G A (camel of Lwid kmaW in tile Soutficam 114 of&xlion Iia, T3M, R. M, D.M, Ada COMY, Id0110- mid bcM9 FWre IMAICIAlarly described as rollows: C0m=HUffi&,, at the Southeast tviner orgaid Scetton IPI. from which the Siouth 1,14 comer ofsaid Seetwo ticus S 89144A 9' W. 2649.09 IL -4-A, theme S 89044*1 K" W a" the South boundiny orsaid. Scelon 18 and the ocritcrUe or F. Ovedand RtL, for a distance of 420.31 feet to the REAL POW OF BEGINN ING, theta leaving said centerline N (Xr- 15'42" W tbi a dimance of 264.410 W-. qlwnLv N 990441 W'E A)r as distance of423.96 W to a pDtm on the Eam bGwidalry of said Somm I & iherwc tel W3 V53" E ah-ja$ said East bounfty for a d6jame of 106.53; theme least Iraq said Eta tkourdary N 89P243'20" W tbr a dislance of 123,71; fm, theme N 42"10"48- W for a distianer al' 166.47 W; thence N 32"2317' W Ibr a dirumv of) 6.75 recti; theme N 1iV28'07' W liar a dimmuv of 29-4' ; fro to a It of curvv to flu, rq;tu. thence abnS said 4-urve to Ilic right for a asUnce of 70.11 fiw4 said cure IWoqq_ a radius of2(10.00 &-M a ccidrW angle o r -'W'09'32" mW a chmd distance of 69.95 feet bearing N 79©'23'51" W to at poug al'tungaid; ihewu N 69019'35" W 14r a distance of 1011" feut to a poua orcum-e to the lea-, theme along said eurve it) 11w IcQ for a dWa= or 718.66 tL-L4. 4d curve having at radiim c,f2t3ft.idt8 fete ra aa�tta^al an IL of 2W[4'3&'neat a chard distartworxUo r4w, bearnig N 7926"53- W to U mum oflangall" iMtw N 89134A I" W ti)r a dWawc of 227.7=1 iea^t to a point of cwvg to the left, Exhibit C - 4 - thmux zkljjg said curvc to the tell 1br a distw= of 81, 15 lim, said wme having a radius 59~:13'1$' and a 6hord djqancL- of 79.46 W hiriTHIS S6(P39'IW'W, ftWe N 84'55'05- W lbr a d6lawc o1'96 -2t$ feel; IbLux, N 6H'M'27- W Ibr a distan4.v orn(m ibo to a pmt on the East boutul"y of PaA' It UP S"vnlun as Eileen in Ekvk 84 at Pop 9311r), Ada County Rwjayds; thinwe S -79'02'44" E along said East boundary for a disimee Or$84.73 rust to a poluld on the North kWjtt-o& Way line orp. Overlmittl Rd.. thetux, S MPI 5*42- E tbr a dktawe uf'480) f9cl to 111C SOVIII boundaTy of said Seg ion 18. tlwncc N 3944'18- E along wild Sleuth houndary fora dkanuc of 227.98 fit to the RFAL POINT OF BECiINNING, conlaming 6.50 aercs of kwd, nk)re or Im. Prepm-Ld by: Todd R. Wai(c. 11.1-S. "Mcom RMUC WORKS MPT Exhibit C - 5 - J .a ■Aa,■a,,,■, k ;■ $ & � k ! � / Exhibit -6- I� I■ uJ ■ � k � $ ƒ} u\§ �O � ¥» \ I I� I■ uJ ■ � k � WA -1 T E land surveying, Ilc 2710 Sunrise Wm RcM4, Suite 24L' $c,i5c, tD WL?5 208.947.3530 Tele. 208.947.3829 Fax A.N. 2436 REZONE DESCRIPTION January 6. 2009 FROM CG to IL A parcel of land located in the Southeast 1/4 of the Southeast 1/4 of Section 18, T.3N., R.1 E" B.M., Ada County, Idaho, and being more particularly described as follows: Commencing at the &iuthe mt coiner of said Section 18, from which the South 114 corner of said Section bears S 89°44'18" W, 2649.09 feet, thence N 00°31'53" E along the East boundary of said Section 18 and the centerline of Locust Grove Rd., for a distance of 997.01 feet; thence leaving said boundary and centerline S 89137'27" W for a distance of 89.09 feet to a point on.the West Right -of -Way line of Locust Grove Rd., being the REAL POINT OF BEGINNING; thence S 89°37'27" W for a distance of 322.09 feet; thence S 89°43' 12" W along the South boundary of the N 1/2 of the N 112 of the SE 114 of the SE 114 of said Section 18, for a distance of 870.99 fes; thence leaving said South boundary N 00°27'30" E for a dimance of 81.47 feet to a point on the South Right -of -Way line of Interstate 84; thence along said Right -of -Way line of interstate 84 for the following 3 coarses: thence S 89133'36" E for a distance of 371.62 feet; thence S 8345' 17" E for a distance of 200.65 feet; thence S 89034'11" E for a distance of 619.41 feet to a point on the West Right -of -Way line of Loctm Grove Rd.; thence S 02026'12" E along said Right -of -Way line of Locust GrqyS-HsLtbr a distance of 43.81 fcet to the REAL POINT OF BEGINNING; containing 1.69 acTcs of land, more or less. roallu (499Prepared by: Todd R- Waite P.L.S. L:Trcycv%Tignut tsxs.%3Womments\Fignta— otLdcc.doc-I Exhibit C -7- Exhibit C -8- i-. JCS _ m J Xw en R G ^� 01 yr reora JSaVOT 40 1\I 1 v AAI ®� - M f `d H o Lur� LLJ _. `ry^9��� ^ I mut Q ri A �j ai S�'4542'E I to MOW V4rE 2®4 m s� NM!r42-n = o� W 01 4&W A Q n Z, I o t gaR�;pkfi t 3 e Q Nin ; 41 a C4 l8 8 �z L(", Lrf 4 s W a e t 2 Exhibit C -8- WAITE Iar)4 Surveying, IIc 2710 Suntise Rim Road, Suite 240 Boise, ID 83705 208.947.3830 Tele, 208.947.3829 Fax P.N. 2436 December 11, 2008 PROPOSED FIGNUT SUBDIVISION A parcel of land located in the Southeast 1/4 of Section 18, T.3N., R.1 E., B.M., Ada County, Idaho, and being more particularly described as follows: Commencing at the Southeast corner of said Section 18, from which the South 1/4 corner of said Section bears S 89044'18" W, 2649.09 feet, thence S 89°44' 18" W along the South boundary of said Section 18 and the centerline of E. Overland Rd., for a distance of 420.31 feet; thence leaving said boundary and centerline N 00* 15'42" W for a distance of 48.00 feed to a point on the North Right -of -Way line of E. Overland Rd, being the REAL POINT OF BEGINNING; thence S 89°44' 18" W along said North Right -of -Way line for a distance of 227.98 feet to the Southeast comer of Pack It Up Subdivision as filed in Book 84 at Page 9360, Ada County Records; thence leaving said Right -of -Way line N 29102'44" W along the East boundary of said subdivision for a distance of 584.73 feet to the Northeast comer of said subdivision; thence N 68°22'27" W along the Northerly boundary ofsaid subdivision for a distance of 368.85 feet; thence leaving said Northerly boundary N 00127'30" E for a distance of 379.33 fed to a point on the South Right -of -Way line of Interstate 84; thence along said Right -0f --Way fine of Interstate 84 for the following 3 courses: thence S 89°33'36" E for a distance of 371.62 feet; thence S 83°45' 1 T' E for a distance of 200.65 fed; thence S 89°34' 11" E for a distance of 619.41 feet to a point on the West Right -of -Way line of Locust (trove Rd.; C:DOcuments and SetimpUmulleNy Dwmentsftftut(xxxx)\DocumentslFignatBndyDesc.doc-I Exhibit C - 9 - thence S 02026112" E along said Rigid -of -Way line of Locust Grove Rd. for a distance of 45.81 feed; thence leaving said Right -of -Way lime S 89°37'27" W for a distance 322.09 feet; thence S 00043'42" E for a distance of 237.09 feet; thence S 32°23' 17" E for a distance of 300.86 feet; thence N 88°49'29" E for a distance of 178.78 feet to a point on the West Right -of -Way line of said Locust Grove Rd.; thence S 02'26'12" E along said Right -of -Way line of Locust Grove Rd. for a distance of 48.75 feet; thence continuing along said Right -of --Way line S 89°28'10" E for a distance of 7.18 feed; thence continuing along said Right -o€ -Way lute S 00*31'53" W for a distance of 194.28 feet; thence leaving said Right -of -Way line S 89°44'18" W for a distance of 369.96 feet; thence S 00°15'42" E for a distance of 216.00 feet to the REAL POINT OF BEGINNING; containing 16.78 acres of land, more or less. Prepared by. Todd R Waite P.L.S. CADocuments and Set ingsV& ielleNy D=un=bMgnut (xxxx)\Dmments\FigmABndyD=.doc-2 Exhibit C -10- a �e Is OH m p�� atl 3ADtlo �sn�o7 .� P^ T82 a A! J34mGo s a m 4 v� a, oZ �Zj 5 g gLm 0 CL °w O � N cs h 0 W / w � �s �o i i W W � .08841 '� eaT W W.y NNfifi$filfi$�t m cog La Y' Exhibit C - 11 - D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to zone the subject property to C -G and I -L. The Council fords that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 7, of the Staff Report for more information. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council fords that future development of this property should comply with the established regulations and purpose statement of the C -G and I -L zoning districts, if the DA provisions are adhered to. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council fords that a zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council fords that a zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The Council fords that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, the Council finds that Annexation and Zoning of this property to C -G and I -L would be in the best interest of the City, if the Applicant enters into Development Agreement (DA) with the City, as mentioned in the Staff Report. 2. Rezone Findings Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an amendment to the Comprehensive Plan, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The Council fords that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan. b. The map amendment complies with the regulations outlined for the proposed Exhibit D - I - district, specifically the purpose statement; The Council finds that the proposed mix of uses allowed within the C -G and I -L zoning districts will assist in providing service needs of the community. The Council finds that future development of this property should comply with the established regulations and purpose statements of the requested zoning districts. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The rezone is in the best interest of the City. The Council finds that the rezone of the subject property from C -G to I -L is in the best interest of the City. 3. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. The Council supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 7, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B for more detail.) Exhibit D - 2 - 5. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff is unaware. 6. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic, or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Staff is unaware. 4. Alternative Compliance Findings: In order to grant approval for alternative compliance, the director shall determine the following findings: a. Strict adherence or application of the requirements is not feasible; OR Staff finds the location of the irrigation easement and drainage easement does not make it feasible for the planting of the required trees. The applicant is proposing to install lawn, and a mix of shrubs and boulders throughout the planting area within lot 1, Block 1 and the 25 -foot wide landscape buffer adjacent to the southern boundary of Lot 2, Block 1.In addition, the required 50 -foot wide landscape street buffer adjacent to I-84 and the 10 -foot wide landscape street buffers are proposed to be installed with lot development. Staff is supportive of the request because there is a possibility the landscaping may be damaged as development occurs on the lots. In addition, the applicant has approximately a quarter mile of frontage along I-84. Therefore, staff believes there is an undue hardship on the applicant particularly since the applicant does not have any end users who want to develop in the area. b. The alternative compliance provides an equal or superior means for meeting the requirements; and Staff finds the alternative compliance does provide a superior means for meeting the City's landscape standards. The applicant has not asked for width reduction to any of the required landscape buffers. In fact the landscaping proposed for Lot 1, Block 1 exceeds the minimum width required by the UDC. Therefore, Staff supports the proposed concept landscape plan, as depicted in Exhibit A. c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. Staff finds that the proposed alternative will not be detrimental to the public welfare or impair the use or character of the surrounding properties. Exhibit D - 3 - July 2, 2009 PP 0&012 MERIDIAN CITY COUNCIL MEETING July 7,2W9 APPLICANT Ronald Van AUker ITEM NO. 1 REQUEST Findings for Approval -- Request for Preliminary Plat approval consisting of 6 non-residential building lots and 1 other lot in a proposed C -G & I -L zone for Fignut — w/o S. Locust Grove, n/o E. Overland & s/o 1-84 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: COMMENTS See attached Findings OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the city of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS ERIDIAN�� OF LAW AND I D A FI o DECISION &ORDER In the Matter of Annexation of 15.07 Acres from RUT (Ada County) to C -G (General retail and Service Commercial district) (6.5 acres) and I -L (Light Industrial) (8.57 acres); Preliminary Plat Consisting of 7 Non-residential Building Lots and 1 Common Lot on approximately 16.87 acres in a proposed C -G and I -L Zone, Rezone of 1.69 Acres from C- G to I -L and Alternative Compliance for the Landscaping Requirements Adjacent to a Landscape Buffer Encumbered by an Easement within Fignut Subdivision, by Ronald Van Auker Jr. Case No(s). AZ -O8-015, RZ-08-009, PP -08-012 and ALT -08-028 For the City Council Hearing Date of. June 23, 2009 (Findings on the July 7, 2009 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 23, 2009 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 23, 2009 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 23, 2009 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 23, 2009 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -08-015, RZ-08-009, PP -08-012 and ALT -08-028 -1- 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Descriptions, Preliminary Plat, Development Agreement and the Conditions of Approval all in the attached Staff Report for the hearing date of June 23, 2009 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Annexation and Zoning and Rezone request as evidenced by having submitted the legal descriptions and exhibit maps, stamped and dated June 17, 2009 and January 6, 2009 by Todd Waite, PLS, is hereby conditionally approved; 2. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of June 23, 2009, incorporated by reference. 3. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated June 11, 2009 is hereby conditionally approved; and, 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of June 23, 2009 incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -08-015, RZ-08-009, PP -08-012 and ALT -08-028 -2- engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of June 23, 2009. 7'"-- By action of the City Council at its regular meeting held on the day of 2009. COUNCIL MEMBER DAVID ZAREMBA VOTED L(,( COUNCIL MEMBER BRAD HOAGLUN VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -08-015, RZ-08-009, PP -08-012 and ALT -08-028 -3- MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ffvor Tpifun de Weerd Orr Attest: ������•��,�R/po'�eJ,'���'. aycee fUlman, City Clergy Copy served upon Applicant, \\t artment, Public Works Department and City ��rrnrn �� Attorney. Dated: 2 "Q rty Jerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -08-015, RZ-08-009, PP -08-012 and ALT -08-028 -4- STAFF REPORT Hearing Date: June 23, 2009 ' (Continued from April 14 and 28, May 26 & June 9) TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: AZ -08-015, RZ-08-009, PP -08-012 & ALT -08-02-78 — Fignut NOTE. This project was heard by the Commission on March 5, 2009. Since that time, the project has been continued to allow the applicant time to coordinate with Nampa Meridian Irrigation District to determine if sufficient irrigation water is available to service the proposed development. NMID has notified the applicant there is sufficient water to serve the proposed development. Further, the applicant wanted to discuss with staff a revised landscapeplan to use drought tolerantplants within the development to limit water consumption. As a result of that meeting, a revised preliminaryplat and a revised landscape plan have been submitted to staff for review. Both revised plans are attached in Exhibit A below. It is important to note, these plans differ slightly from the plans recommended for approval by the Commission. Staff has detailed the changes to the aforementioned plans below. The previous plat proposed 7 total lots [6 non-residential lots (4I -L lots and 2 C -G lots) and l common lot]. The applicant has revised the plat because the UDC requires 25 foot wide landscape buffers in the I -L district on any property sharing a contiguous lot line with a nonindustrial use. On the previous plat, this UDC standard may have impacted the I -L zoned lot proposed as Lott, Block Z. The applicant is now proposing to increase the total number of lots from 7 lots to 8 lots and includes increasing the commercial zoned lots (C -G) from 2 lots to 4 lots and decreasing the number of industrial (I -L) zoned lots from 4 lots to 3 lots. With the proposed change, the applicant will only be responsible for providing a 25 foot wide landscape buffer adjacent to the southern boundary of Lot 2, Block 1 as proposed on the revised landscape plan. Staff has approved the 25 foot buffer through alternative compliance (ALT -08-027) concurrently reviewed with this application. The revised landscape plan only varies in the planting materials proposed within the 50 -foot buffer adjacent to 1-84, common lot 1, Block 1 and the 25 foot land use buffer along the southern boundary of Lot 2, Block 1. The revised plan calls -out the use of drought tolerant native grasses in place of lawn. Because the commercially zoned portion of the property has increased on the revised preliminary plat, revised legal descriptions and exhibit maps have been attached in Exhibit C below. Changes to the staff report since the March 5th Commission hearing are in bold, italics and underline format below. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Ronald Van Auker, has applied for Annexation and Zoning of 15.07 acres from RUT (Ada County) to C -G (General Retail and Service Commercial) (-3 6_5 acres) and I -L (Light Industrial) (42-.08 8.57 acres); rezone of 1.69 acres from C -G (General Retail and Service Commercial) to I -L (Light Industrial); and preliminary plat approval for 6 7 non-residential lots and 1 common lot on approximately 16.78 acres. The applicant has also requested alternative compliance to allow the required street landscape buffers adjacent to E. Bird Dog Drive, east side of S. Fignut Way and I-84 be installed with lot development and deviate from the plantings required for the landscape buffer along western plat boundary because of an existing irrigation and storm drain easement. See Section 9 for further discussion. Fignut AZ, RZ, PP & ALT - 1 - 2. SUMMARY RECOMMENDATION Staff is recommending approval of the proposed development with the Development Agreement provisions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning & Zoning Commission heard these items on February 19 and March 5, 2009. At the March 5, 2009 public hearing the Commission voted to recommend approval of the subiect AZ, RZ and PP request. a. Summary of Commission Public Hearing: L In favor: Ron Van Auker Jr. ii. In opposition: None W. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons A. Other staff commenting on application: Pete Friedman, Scott Steckline b. Key Issue(s) of Discussion by Commission: i. Cross access between the Maverick store and Lot 1. Block 2. ii. The required 25 -foot wide land use buffers required between the I -L zoned lots and the C -G zoned lots. c. Key Commission Changes) to Staff Recommendation: L DA provision # 8 added unless reviewed and approved through alternative compliance. ii. Modified condition 2.6 striking the requirement of City Engineers signature and added prior to issuance of a CZC for the development. d. Outstanding Issues) for City Council: i. Cross Access between the Maverick Store and Lot 1. Block 2. ii. Staff is requesting Council modify DA provision #8 and condition of approval 1.2.1bullet 3 to read: With future development of Lot 2, Block 1, the applicant shall construct a 25 -foot wide landscape buffer adiacent to the southern boundary approved by ALT -08-027. W. After the Commission hearing. the City Flood Plain Administrator informed the Planning Department of an apparent violation of the Clean Water Act on the subiect Property because the Nine Mile Creek was tiled without approval from the Army Corps of Engineers. The applicant submitted approved construction drawings and written documentation from NMID allowing the tiling of the creek. H there is a violation on the property, Staff is recommending the Council add a condition of approval requiring the applicant provide the Planning Department with copies of any permits or approvals from the Army Corp of Engineers with final plat submittal. Fignut AZ, RZ, PP & ALT - 2 - May /_ I_ ' _ _ 1_ 1 I.1_ I_I_ • L. 4_.I. W 1 I 1 1 __ , '_ 1 I. _ . r , 1_ I_I_. y I �_ _ . \_ , 1 • _�.. 1 "'al MIT1 11 1 1 __ _ 1 _ _ �I_ II1.1_ �/ I 1.�_III 1_�_I___�__%x_11_. �.1. 1. 1..•:. SII. I.rl 1 1'J.1..•;_. mI_1 __1 _I.1_ VI 71,14 11111 tall WIATTra\1_.. I I ' 1 _ I_ 0111111M 11_ "11 ZM011111141111111LOI Fignut AZ, RZ, PP & ALT - 2 - k1e7 ;107717.3 DI-Otill Y 0130 Approval After considering all Staff, Applicant and public testimony, I move to approve File Numbers AZ - 08 -015, RZ-08-009 and PP -08-012 as presented in the Staff report for the hearing date of June 23, 2009, with the following modifications to the proposed development agreement and/or conditions of approval: (add any proposed modifications.) Denial After considering all Staff, Applicant and public testimony, I move to deny City Council of File Numbers AZ -08-015, RZ-08-009 and PP -08-012 as presented during the public hearing on June 23, 2009, for the following reasons: (you should state specific reasons for denial of the AZ and PP requests.) Continuance After considering all Staff, Applicant and public testimony, I move to continue File Numbers AZ -08-015, RZ-08-009 and PP -08-012 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The site is generally located on the west side of S. Locust Grove Road, north of E. Overland Road and south of Interstate I-84 in the SE 1/a of Section 18, Township 3 North, Range 1 East. b. Property Owner of Record: Ronald Van Auker 3084 E. Lanark Street Meridian, Idaho 83642 c. Applicant: Same as above d. Representative: Matt Munger, Munger Engineering, Inc. e. Applicant's Statement/Justification: Please see Applicant's submittal letter for more information. 5. PROCESS FACTS a. The subject applications are for Annexation and Zoning, Preliminary Plat and Rezone per City Ordinance. A public hearing is required before the Planning & Zoning Commission and City Council consistent with Meridian City Code Title 11, Chapter 5. b. The subject application is for alternative compliance review per City Ordinance and does not require Commission consideration. A public hearing is not required consistent with Meridian City Code, Title 11, Chapter 5. c. Newspaper notifications published on: February 2, 2009 and February 16, 2009 (Commission); March 23, 2009 and April 6, 2009 (Council) Fignut AZ, RZ, PP & ALT - 3 - d. Radius notices mailed to properties within 300 feet on: January 30, 2009 (Commission); March 19, 2009 (Council) e. Applicant posted notice on site by: February 23, 2009 (Commission); June 12, 2009 (Council) 6. LAND USE a. Existing Land Use(s): There are existing structures (outbuildings and single family home) on the site that need to be removed prior to signature on the final plat. b. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject site is surrounded by mix of uses. To the west there is an existing child care center, vacant commercial land and a church; to the north is interstate I-84; to south are single family residences and a convenience store and to the west is vacant commercial and industrial land. 1. North: Interstate I-84 2. South: Single-family Residential (Sportsman Pointe Subdivision) and Maverick C -store, zoned R-4 and C -C 3. West: Pack It Up Subdivision, Child Care Center and Church, zoned C -G and L -O 4. East: Vacant Land; zoned I -L and C -G c. History of Previous Actions: A portion of the Lot 1, Block 2 of the proposed plat was annexed and zoned C -G in 2006. d. Utilities: 1. Public Works a. Location of sewer: E Overland Road. b. Location of water: E Overland Road and S Locust Grove Rd c. Issues or concerns: None e. Physical Features: 1. Canals/Ditches Irrigation: The Nine Mile Creek transverses the western property boundary and is currently tiled. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: A majority of this site lies within the X5 flood zone but is not within the floodway. A portion of the Lot 2, Block 1 (northwest corner) and the tiled Nine Mile Creek adjacent to the western property boundary are located in the AE flood zone. In 1992, the southern half of the proposed development was revised per a LOMR (case number 93-10-020P). 4. Topography: NA 7. COMPREHENSIVE PLAN POLICIES AND GOALS This property is currently designated "Mixed Use -Community" on the Comprehensive Plan Future Land Use Map. The purpose of the Mixed Use areas, as defined on page 102 of the Comprehensive Plan, is as follows, "There are five sub -categories of the Mixed Use designation. Generally, the designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." The requested "Mixed Use — Community" designation allows up to 25 acres of non-residential uses, Fignut AZ, RZ, PP & ALT - 4 - up to 200,000 square feet of non-residential building area and residential densities of 3 to 15 dwelling units to the acre. At this time, the applicant has no vision for how the site may develop. The majority of the site (approximately 13.7 acres) is proposed to be zoned I -L and the remaining acreage is proposed for C -G zoning. Staff believes the requested zoning allows for a mix of uses in the area and the commercially zoned lots fronting on Overland Road and Locust Grove Road may develop with support uses to complement the industrial uses that may develop in the area. Staff finds the application is generally consistent with the Mixed Use -Community land use designation. Idaho Code 67-6508 states that "the plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component." Staff has reviewed the subject CPA, AZ and PP applications and offers the analysis and recommendations contained herein for the Commission and Council's consideration (Staff analysis in italics): Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. The City of Meridian plans to provide municipal services to the subject property in the following manner: ➢ Sanitary sewer and water service will be extended to the project at the developers expense. ➢ The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. ➢ The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). ➢ The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (AChD). This service will not change. ➢ The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. ➢ The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) On the preliminary plat, the Applicant is proposing to construct a 40 foot road section with five foot wide attached sidewalks on both sides. The proposed street will provide future access for the lots proposed with this plat and connects the project to both arterials. Further, the existing access point to Locust Grove was approved when the overpass was constructed and aligns with an existing access point on the east side of Locust Grove. A 54 foot access easement is also proposed at the western edge of the cul-de-sac that provides cross connection with Lot 2. Block 1 of Pack It Up Subdivision. Staff and ACFID are supportive of the street lay -out and both access points. "Require appropriate landscape and street buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) The applicant is responsible for installing a 25 foot landscape buffer along Locust Grove and Overland Road; a 50 foot landscape buffer adjacent o I-84; and a 10 foot landscape buffer adjacent to the proposed local/commercial streets. Fignut AZ, RZ, PP & ALT - 5 - • "Permit new ... commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) This parcel is contiguous to the city limits. Sanitary sewer and water are available to the proposed development. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the proposed zoning districts (C -G and I -L) permits a variety of uses and should compliment the mix of uses in the area which include: church, daycare, office and convenience store. • Chapter VII, Goal I, Objective E (page 111) — Establish industrial areas to meet the employment needs of the City of Meridian. Staff believes this area is appropriate for industrial uses based on the existing road network, proximity to I-84 and compatibility with existing industrial and commercial uses surrounding the property. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's development request is appropriate for this property. 8. UNIFIED DEVELOPMENT CODE a. Allowed Uses: Commercial: UDC Table 11-213-2 lists the permitted, accessory, and conditional uses in the C -G zoning district. The applicant does not have a specific use identified for the proposed C -G zoned lots. Future development of these lots shall conform to the permitted, accessory and conditional uses of the zoning district as outlined in the UDC. Industrial Districts: UDC Table 11-2C-2 lists the permitted, accessory, and conditional uses in the I -L zoning district. The applicant does not have a specific use identified for the proposed I- L zoned lots either. Future development of these lots shall conform to the permitted, accessory and conditional uses of the zoning district as outlined in the UDC. b. Purpose Statement of Zoning District: Commercial: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. Light Industrial: The purpose of the I -L district is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian comprehensive plan, the I -L district is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this district. C. 1. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the C -G zoning district and UDC 11-2C-3 for the I -L zoning district. 2. Landscaping: (See dimensional standards above) • Width of street buffer(s): 50 feet adjacent to I-84; 25 feet adjacent to E. Overland Road, a principal arterial street; 25 feet adjacent to S. Locust Grove Road, a Fignut AZ, RZ, PP & ALT - 6 - minor arterial street and 10 feet adjacent to E. Bird Dog Drive and S. Fignut Way, both local streets. Width of buffer(s) between land uses: A 25 -foot wide landscape buffer is required in the I -L zoning district adjacent to non -industrial uses. Percentage of site as open space: NA Tree Preservation: Mitigation is required for all existing healthy trees 4 -inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement. There are existing trees on the site proposed to be removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The Applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department, for any trees that will be removed. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ and Rezone Applications: The Applicant is requesting approval to annex and zone 15.07 acres from the RUT zoning district in Ada County to the C -G and I -L zoning districts in the City. All of the property is currently designated on the Comprehensive Plan Future Land Use Map as Mixed Use -Community. Concurrently, a long narrow 1.69 acre parcel along I-84 is proposed to be rezoned from a C -G zone to an I -L zone. Although the applicant is not proposing any specific uses, staff believes the proposed zoning districts allow the necessary flexibility to develop a cohesive mixed used development. Staff finds the proposed annexation and rezone request consistent with the Mixed Use -Community land use designation. PP Application: Plat Design --The proposed preliminary plat would create g 7 buildable lots and 1 common lot on approximately 16.78 acres of land. Two Four of the lots are proposed to be zoned C -G and few three lots are propose to be zoned I -L. Proposed lots range in size from 0.95 acres to 3.7 acres. All of the lots proposed with the subdivision meet the dimensional standards of the UDC. Access: Access to this development is proposed from a public local/commercial street (S. Fignut Way and E. Bird Dog Drive) with 5 -foot wide attached sidewalks. The proposed streets will provide future lot access and connects the proposed development to the abutting arterial streets (Locust Grove Road and Overland Road). Staff and ACHD are supportive of the street lay -out as proposed. Said streets and sidewalks shall be constructed prior to release of occupancy for the subdivision. Cross -access: UDC 11-3A-3 prohibits direct lot access to arterial and collector streets when local street access is available. As mentioned above, the applicant is proposing to construct public local/commercial streets to provide connectivity with the abutting arterial streets. Because this street section will probably be classified as a local/commercial street, future access will be taken from said street in accordance with the UDC. Further, the applicant is proposing a 54 -foot access easement along western edge of the cul-de-sac/property boundary which provides connectivity with Lot 2, Block 1 of the Pack It Up Subdivision. Staff is also recommending additional cross access between Lot 1, Block 2 on the proposed plat and the Maverick store at the southern property boundary to allow access to E. Bird Dog Drive as these two lots share a right-in/right- out only access to Locust Grove. Cross access shall be provided as described above via a note on the recorded final plat or a separate recorded agreement at the time of final plat submittal. Landscape Plan: The applicant submitted a landscape plan with this application submittal. The purpose of the plan is only to illustrate the streetscape buffers required for the proposed subdivision. The UDC requires a 50 -foot wide landscape buffer adjacent to I-84; a 25 -foot wide landscape buffer adjacent to Locust Grove Road and Overland Road and a 10 -foot wide Fignut AZ, RZ, PP & ALT - 7 - landscape buffer along E. Bird Dog Drive and S, Fignut Way. Per UDC 11-311-7-6 only driveways, signs and walkways are allowed impervious surfaces in the required landscape buffers along streets. Vehicle display pads and other related impervious surfaces are prohibited in the required buffer. In addition, the UDC requires a 25 -foot wide landscape buffer where I -L zoned property is adjoining non -industrial uses. Lots 2 and 4, Bleek 1 Lot 2, Block 1 is adjacent to existing and proposed C -G zoned property. With future development of the I -L zoned lots, the applicant shall construct a 25 -foot wide landscape buffer adjacent to the boundaries of the C -G zoned lots in accordance with UDC 11-311-9. Staff will ensure compliance with this requirement with future CUP or CZC applications. Further, staff has reviewed the submitted landscape plan, prepared by South Landscape Architecture, dated "'M 06/11/09 and believes the landscape plan is in substantial compliance with the UDC. However due to constraints on the property and lack of a specific user, the applicant has requested alternative compliance. See alternative compliance section below for further analysis. Alternative Compliance: The applicant has applied for alternative compliance to allow the required street landscape buffers adjacent to E. Bird Dog Drive, east side of S. Fignut Way and I- 84 be installed with lot development and deviate from the plantings required for the landscape buffer along western plat boundary because of an existing irrigation and storm drain easement. NMID has a 100 -foot irrigation easement that runs along the southern boundary of Lot 2, Block 1 and encompasses all of Lot 1, Block 1. A portion of the proposed roadway and the attached 5 -foot sidewalk also encroaches into this easement. Further, ACHD has a 20 -foot drainage easement that parallels the irrigation easement and connects to ACHD detention pond site west of lot 2 of Block 1. These easements do not allow for trees to be planted in them. As an alternative to not planting the required 22 trees, the applicant is proposing to landscape all of Lot 1, Block 1 and the 25 foot- wide landscape buffer adjacent to the southern boundary of Lot 2, Block 1 with lawn-drouQht tolerant native grasses, a mix of shrubs and boulders grouped in clusters throughout the landscape buffers. Based on the restriction of trees within the easements, Staff believes strict adherence for the required trees is not feasible in this case. It is important to note the applicant is not asking for a reduced buffer width. As mentioned above, the applicant has also requesting the 50 -foot wide landscape buffer adjacent to I-84 and the 10 -foot wide buffers adjacent to E. Bird Dog Drive and the east side of S. Fignut Way be installed with lot development. The applicant states in the narrative they will install the required 25 -foot wide landscape buffers adjacent to Overland Road and Locust Grove Road and landscape all of Lot 1, Block 1(west side of S. Fignut Way) with the final plat approval. Staff is supportive of the request because there is a possibility the landscaping may be damaged as development occurs on the lots. In addition, the applicant has approximately a quarter mile of frontage along I-84. Therefore, staff believes there is an undue hardship on the applicant particularly since the applicant does not have any end users who want to develop in the area. Staff is supportive of both the applicant's request and approves ALT -08-027$ associated with the findings in Exhibit D. Note: Per UDC I1 -5A-2; Alternative Compliance applications are approved at administrative level by the Planning Director: However, because ALT is requested concurrently with the AZ, RZ and PP, Staff has included analysis on the ALT request in this staff report; the ALT application does not require Commission/Council action. Elevations: The applicant has submitted elevations for staff to review. Staff has attached the elevations in Exhibit A below. After reviewing the submitted elevations, staff believes the proposed building design and materials would not meet the City's design standards or comply with the City of Meridian Design Manual. Therefore staff is not tying the proposed elevations to the DA. Instead staff is requiring all future buildings conform to the Design Manual and design standards of the UDC. Fignut AZ, RZ, PP & ALT - 8 - Development Agreement (DA): UDC 11-513-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan and does not negatively impact nearby properties. If the Commission or Council feel that additional development agreement provisions are necessary, staff recommends a clear outline of the commitments of the developer being required. Prior to annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the developer. The DA shall incorporate the provisions listed in Exhibit B of the Staff Report and be approved by the Council within 12 months. Please be advised a $303.00 fee will required to process the development agreement. 10. EXHIBITS A. Drawings 1. Vicinity Map 2. Annexation boundary 3. Preliminary Plat Boundary 4. Revised Preliminary Plat (dated: "/^ 6-11-2009 5. Revised Landscape Plan (dated: 0192/2009 6-11-2009 6. Elevations (NOT APPROVED) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Ada County Highway District 6. Nampa Meridian Irrigation District 7. Central District Health C. Revised Legal Descriptions & Exhibit Maps D. Required Findings from Unified Development Code Fignut AZ, RZ, PP & ALT - 9 - 1. Vicinity Map SITE 1495 1495 Exhibit A - 1 - 5 1126 1085 1140 Rl 1155 1180 i` N SF`s lapel c o M °iii $C4 'wo 1620r7 < in 1648 163 � +ry 1024 0 o M W 10$ N m r m < n 13)9 1664 1661 b < .- .M"'- 2 1670 1016 1708713?�0 1384 17 1689 1700 �0 B 6 1732 1731 1728 1725 1728 Exhibit A - 1 - 5 1126 1085 1140 Rl 1155 1180 i` 4. Revised Preliminary Plat Exhibit A - 7 - 5. Revised Landscape Plan Exhibit A - 8 - INTERSTATE 84 4-1 OM, all, El 6 a —WM Lcor ---------------- - FL PLAKF SCMDME- LAMMAPE PLANL-- V =PC LANDSCAPE NOTSO *�477MTF F I INC. PIGMT SUWIV*ICN I FRUX-WAW MAT Exhibit A - 8 - V I.St UP Exhibit A - 8 - 6. Elevations (NOT APPROVED) i �� EAST 0"A"M Exhibit A - 9 - Building 2 Exhibit A B. Conditions of Approval On January 29, 2009, a joint agency and departments meeting was held with service providers in this area. The agencies and departments submitted comments have been included below. 1. PLANNING DEPARTMENT 1.1 ANNEXATION/ZONING 1.1.1 The annexation and zoning legal descriptions submitted with the application (stamped on December 10 and 11, 2008 and January 6, 2009 by Todd R. Waite, PLS) is accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. 1.1.2 A Development Agreement will be required as part of the annexation and zoning of this property. Prior to the annexation and rezone ordinance approvals, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 within 12 months of Council approval to initiate this process. Please be advised a $303.00 fee will required to process the development agreement. The DA shall include, at a minimum, the following: 1. All buildings in the development shall be subject to the administrative design review standards listed in the UDC pertaining to architectural character, color & materials, and site design in accordance with the Meridian Design Manual. 2. The Applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review approval from the Planning Department prior to any building construction on the subject property. 3. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 4. The Applicant shall be responsible for all costs associated with sewer and water service installation. 5. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. The applicant shall construct the public streets (S. Fignut Way and E. Bird Dog Drive) as proposed in accordance with ACHD standards. 7. The applicant shall construct the 50 -foot wide landscape street buffer and the 10 -foot wide landscape street buffer adjacent to E. Bird Dog Drive and the east side of S. Fignut Way at the time of lot development as approved with ALT -08-02-78. The 25 -foot wide landscape buffers adjacent to Locust Grove, Overland Road and all of the landscaping within Lot 1, Block 1 shall be completed prior to release of occupancy for the final plat. Landscape installation shall be in accordance with UDC11-313-7 and ALT -08-028. 8. , With future development of Lot 2, Block 1, the applicant shall construct a 25 -foot wide landscape buffer ad iacent to the southern boundary approved by ALT -08-028. Exhibit B - 1 - 9 Display pads and storage yards are restricted from being located within any of the required landscape buffers. 10. Prior to Final Plat approval, the applicant shall provide the Planning Department with copies of any permits or approvals from the Army Corp of Engineers and Idaho Department of Water Resources related to the tiling of Nine Mile Creek. SITE SPECIFIC REQUIREMENTS—PRELIMINARY PLAT 1.2 The preliminary plat prepared by Munger Engineering, dated Deeem of 5, 2008 June 11, 2009, labeled PP -2 (attached in Exhibit A), is approved with the conditions listed herein and with the following changes: A 50 -foot wide street landscape buffer easement is required along I-84. A 25 -foot wide street landscape buffer easement is required adjacent to Locust Grove Road and Overland Road and a 10 -foot wide street landscape buffer easement is required along E. Bird Dog Avenue and the east side of S. Fignut Way per UDC Table 11-2B-3. The applicant shall provide a 54 -foot cross access easement for Lot 2, Block 1 in the Pack It Up Subdivision as proposed on the plat and provide cross access between Lot 1, Block 2 and the Maverick C -store to allow access to E. Bird Dog Drive and share the right- in/right-out only access point to Locust Grove Road. Said easements shall be recorded via a separated recorded document or a note on the final plat. E. Bird Dog Drive and S. Fignut Way shall be constructed as proposed in accordance with ACRD standards. Said streets and sidewalks shall be constructed prior to release of occupancy for the subdivision. 1.2.1 The landscape plan prepared by South Landscape Architecture, dated June 11, 2009, labeled L-1 and L-2 (attached in Exhibit A), is approved with following modifications from the Planning Department: • The applicant shall construct the 50 -foot wide landscape street buffer and the 10 -foot wide landscape street buffer adjacent to E. Bird Dog Drive and the east side of S. Fignut Way at the time of lot development as approved with ALT -08-028. The 25 -foot wide landscape buffers adjacent to Locust Grove Road, Overland Road and all of the landscaping within Lot 1, Block 1 shall be completed prior to release of occupancy for the final plat. Landscape installation shall be in accordance with UDC11-3B-7 and ALT - 08 -02-78. with UDG 11 3B 9and ALT -08-027. With future development of Lot 2, Block 1. the applicant shall construct a 25 -foot wide landscape buffer adjacent to the southern boundary approved by ALT -08-028. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit revised landscape plans to the Planning Department with the submittal of the final plat application. 1.3 GENERAL REQUIREMENTS—PRELIMINARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. Exhibit B - 2 - 1.3.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.3.4 The applicant shall erect temporary construction fencing to contain debris around the perimeter prior to issuance of a building permit. 1.3.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. Per UDC 11-3B-10, the Applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. Provide a copy of the plan to the Planning Department with the final plat submittal. 1.3.6 All irrigation ditches, laterals or canals, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.3.7 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, private streets, and other development features. 1.3.8 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.3.9 A letter of credit or cash surety in the amount of 110% will be required for all required fencing, pressurized irrigation, landscaping, sanitary sewer, water, etc., prior to signature of the final plat. 1.3.10 All development improvements including water, sewer, fencing, landscaping, amenities and pressurized irrigation shall be installed and approved prior to obtaining Certificates of Occupancy. 1.3.11 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of main that is located near the applicant's west property line running from N Locust Grove Road to the I-84 Interstate. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in S Locust Grove Road and E Exhibit B - 3 - Overland Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The Applicant shall provide a 20 -foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.4 The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The Applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 All existing structures shall be removed prior to issuance of a CZC for the development.signa�ffe on the &W plm by the City En&een 2.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.8 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.9 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.12 All development improvements, including but not limited to sewer, fencing, micro -paths; pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Exhibit B -4- 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to obtaining certificates of occupancy. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. 2.19 The Applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project, the Applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. MERIDIAN FIRE DEPARTMENT 3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 '/2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. Exhibit B -4- 3.2 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved tum around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.5 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.6 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.7 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.8 There shall be a fire hydrant within 100' of all fire department connections. 3.9 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.10 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 M). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.11 COMMERCIAL AND INDUSTRIAL - Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 4. MERIDIAN POLICE DEPARTMENT 4.1 The police department has no concerns related to the site design of this project. S. ADA COUNTY HIGHWAY DISTRICT 5.1 Site Specific Conditions of Approval 5.1 Close the existing curb cut on Locust Grove Road and replace it with curb, gutter, and sidewalk to match existing improvements on either side. Exhibit B - 7 - 5.2 Either dedicate 60 -feet of right-of-way from the centerline of Overland Road, OR dedicate 50 - feet of right-of-way from the centerline of Overland Road and provide a 10 -foot wide sidewalk easement abutting the parcel. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The District will purchase the right-of-way which is in addition to existing right-of-way from available Corridor Preservation Funds. 5.3 Close the existing curb cuts onto Overland Road and replace them with curb, gutter, and sidewalk to match existing improvements on either side. 5.4 Construct the Bird Dog Drive to intersect Locust Grove Road located approximately 500 -feet north of Overland Road (measured centerline to centerline). 5.5 Construct the Fignut Way to intersect Overland Road located approximately 600 -feet west of Locust Grove Road (measured centerline to centerline). 5.6 Construct Bird Dog Drive and Fignut Way as 40 -foot commercial/industrial street sections with vertical curb, gutter, and 5 -foot wide attached concrete sidewalk on both sides. 5.7 Other than access specifically approved with this application, direct lot access to Locust Grove Road and Overland Road is prohibited, and shall be noted on the final plat. 5.8 Comply with all Standard Conditions of Approval. 5.2 Standard Conditions of Approval 5.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 5.2.2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 5.2.3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 5.2.4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5.2.5. Comply with the District's Tree Planter Policy. 5.2.6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5.2.7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5.2.8. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 5.2.9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 5.2.10. Payment of applicable road impact fees is required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. Exhibit B - 6 - 5.2.11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 5.2.12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 5.1.13. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 6. NAMPA MERIDIAN IRRIGATION DISTRICT 6.1 Applicant shall apply for a land use change application prior to final platting. 6.2 All laterals and waste ways must be protected. 6.3 The District's Lateral (Nine Mile Creek courses along the western boundary of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 6.4 All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 6.5 The Developer must comply with Idaho Code 31-3805. 6.6 NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 7. CENTRAL DISTRICT HEALTH DEPARTMENT 7.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 7.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 7.3 Run-off is not to create a mosquito -breeding problem. 7.4 Central District Health will require plans be submitted for a plan review for any: food establishments, grocery store, beverage establishment, swimming pools or spas and child care center. Exhibit B - 7 - C. Revised Legal Descriptions and Exhibit Maps WAITE 1414 surwying, 11c: :!710 -4tr?jm 1p H 7,jr 208-947-FWA)Tele, 2t-6.9471 int' Fax P. N, 2436 REZONE DESCRIFMN 92 June 17,24im ZONE TO IL A paregi of Rand iacajv� in the So V4 of Section 18. 1 E- H.M- AdR, County. Idaho. and br=ing nwr€ panwWmjy described 0 rollows; COMIURCIng W the Stputhmm conwr of said &--dkvim I N. rnlm whit!, ow &julh 114 wrmT Of said SCIAmn bees S $14444' 1S" W. 2649.09 Rag. thalm S 89044'18" W 210,08 the Souill boundary of said Section IS MW the conterline of E. OveAmd Rd- ibr a dimance oif420, 211 feel: 111two luaving said b0mldurY mW Caterline N (0115*42" W for a distamou of 48.00 led to a Point on the With Right-tof-Way Bine orE Ovurland Rd.: 1huncV S $9'44*19" W along said Right -of -Way line for a distance of]27.yN W; 11mice kmving.saW Right -or -Way line N 294'E)2'44- W for a distanecol'584-73 fact to a PU"A 011 the t'lh)rth buiurWary of Pack h UP Subdivision as filed in Book 84 at Page 9-160. Ada CQUMY RewrdSL the REAL POINT OF BEGINNING. 1hence N 68'22'-',17' W along The Nondierly boundAry of quid subdivision for a dislaam of .369.85 ket-, thence leaving said Northerly boundary N 00027'3(r F four u distance of 2(17m jj�l to the South boundary ofthe Ntprdi 1;'2ofthc North 1i2oftheSouthmi le4oflhe Southmast I e4 of said Switin 18, thin weN 89x,43' 12" E eking said South k*wWary fear a d6wice of 870.99 &I.E. thence S W4342- L- for a distmice of'—)17.09 feet; theatre S 3223'17" ri for a distance of294.0.1 ruej,, tkwc N W"28'07" W for a dimstarice of 29.45 feet to a point ofcurvc 10 the ngk; du=e along said onve to the rWin for a distance or 711.31 fi�ct, saW cui,,ee having a radius 0f 200M0 15M. a Central angic of 20'08'3r and a chind, distance of 69,195 IbLi bearing dLu, I Exhibit C - 1 - N " W tij a pomt j?f lungent-, thimce IN 019*35" W for u di,,qa";V of I Oo 4jq rM It) a Poill, (,,rCut%,e to the the itAldi %suid cameou the kft liar adisbirwaf70,66 feet, said Lu"Vhaving araditiN of N0.00 tett, a ca dral angle of 23 '14'3V and a chopJ distance, of 70.30 Fuel bwrma N 79,12615-1,1 w to a porn or tamem: 111mwe N 8914* 11- W fitr a dip4aux oF227.74 fixi to a palm orcurve to the k.ft, Iftowe along said txrve to the left fora distanw (if 93.15 ruet. MW CUCVC having a radius orNo.00 fed, 9,-'Cntnd angle of 59'31'187'mWaLiiarddistamuor79.46fit bewing 5 60i 39* 1 t8" W; IhUtCV N 84 5'5'05" W tar a distan", tlr96,28 rea- thcau- N W12'27- W tbr a fiamw of 37.0.1 fed to the Real Nint of Begaining, omumning 8.57 wm of land, wre or kib4 Prq=OJ by Todd R. Waite. P.L.S. Exhibit C - 2 - M WE SA01164p0001 --T 4 - 5 Exhibit C - 3 - V w W V Exhibit C - 3 - P.N. 24.16 %TAW' A I T E land survey[ng, lic '710 .,u 1141W Run &W 'gate 240 &.- , I p *r, LIS 208.$47.301)Tele 208-941.lfr-,)r.,x RL, ZONE DESCIUVWN 02 ZONE TO C.G Junc 17, 2fKW A 1rcei of bud hwmcd in the Stiutk" 14 Of SMIon Ig. T.3N., R. I. F-. B.M., Ada Cowry, Idabo, aW being Inure Particularly described as RiHows: Cownwnumg at the Souih"conies ormid Section 18. from which tfiLsouth I M comer of said Seown beam S 897441 r W. 2649.09 lim, theme S ?19144*18" W aloe the South boundary of said Section 18 and the ot3derbe of E Ovedox! Rd., for a distance or420.31 feet to the REAL PONT OF BEGINNING, UMWV 1mving said cmerfine N OW 15'42" W for a distanev of 264.flo lim; ibertiv N 890441 fV'E ibir a distance of423.96 fccl: to a goat/ an the EaSI bGundmy of said S4..Atk)n I a; ihm= N CIVI U53" E akins said Era boundary for a distame a f 106.35; theme Itmving said East boundary N 89"28W W thr a dktaam, of 123,711 hot-, thewc N 4211049- W for a durance of 166.47 tact; thence N 32112.117" W Ibr a didow of 16.75 r,; thenen N 89'18'07' W tbr a dimance of 29-415 fg4 to a pour ofcwve to ttv right. thcncc along said curve to the right for a dWanci: of 70.31 red, said curve having a radius of 200.00 kat. a wdral angle or WV8'32" and a card dkouica of69.95 few bearing N 74123'51- W to a point of tango#; itim-L! N 6VI 9*35" W 14v a durance or 102.99 feet to a powt j. f aerie. to the leil; thence along said curve to ilia 10 for as distanci: o f 70.66 fcL4. wid curve having a railii� of2CM-t)D&v4accntmlangle: uf 2OP14'3&1 and a chard distaaecor7". fft-lbearnig N 79�12(6'53" W ut u point tiftarigmu; lhetN 89134'11 - W for a tfistan= of 227.74 fitil to a point of awvc to t1w left. Exhibit C - 4 - t1hMuL AM$ said curve to the tell for a dLqtm= of 83,15 f1bal, Said oinle hj�vjng a nwiUS arsom feet, atmaramgleof 590.33-18- and adwrddiblanwof 79.46 W bear"Is S 6039' 1 (r' W, lhuscv N 8435'05- W far a &Uvwc o 1'96.28 lect; ft'jum N 6NM'27" W for a distance of .(13 fixt to a paged on The U51 baurniary of P&* It Up Suhdivisoun as filed uk Book 84 at Page 93% Ado County Records; thma- S 279'14*44- E along said Earl boundary for a dislam-e of $84.73 foul to a pomia on ttw Nmh Rijett-oPway line of E. Overland Rd.. thent-t- 9 00P15*42- E tier a dkmwe u F48.00 fm to the Soixh boundary of said Sm1k)n 18. dwace. N SV44118" E a" said Sleuth LIDUndarY Porn dWawc of 227-98 reLl it, jlu-; REAL POINT OF BEGINNING, opniaining 6-50 ams of hind, mire or I=. Prepanal by: Tudd R. WaFtc. 11.1-S. UMVIMMUC WORKS UFFE Exhibit C - 5 - WO '940ma [SRaO'7 4a { p C ti q Y. I �m Exhibit C - 6 - a li U �w uj rp w � z w ZL s ofjj Nly Y ri a li �w w � f N m WAITE W Surveying, 11C 2710 Sunme Pum R,-,44, suite 24ti fraise, lA FT.j7c)5 208.947.3830 Te{e. 208.947.3829 Fix P.N. 2436 January 6, 2009 REZONE DESCRIPTION FROM CG to IL A parcel of land located in the Southey 1/4 of the Southeast 1/4 of Section 18, T.3N., R.1 E., B.M., Ada County, Idaho, and being more particularly described as follows: Commencing at the &iuthmst comer of said Section 18, from which the South 1/4 corner of said Section burs S 89q4'1 8" W, 2649.09 feet. thence N 00°31'53" E along the East boundary of said Section 18 and the centerline of Locust Grove Rd., for a distance of 997.01 feet; thence leaving said boundary and centerline S 8V37'27" W for a distance of 89.09 feet to a point on the West Right -of -Way line of Locust Grove Rd., being the REAL POINT OF BEGINNING; thence S 89137'27" W for a distance of 322.09 feet; thence S 89°43' 12" W along the South boundary of the N 112 of the N 1/2 of the SE 114 of the SE 114 ofsaid Section 18, for a distance of 870.99 feet; thence leaving said South boundary N 00*27'30" E for a distance of 8L47 feet to a point on the South night -of -Way line of Interstate 84; thence along said Right -of -Way line of interstate 84 for the following 3 courses: thence S 89°33'36" E for a distance of 371.62 feet; thence S 83°45' 17" E for a distance of 200.65 feet; thence S 89"34' 11" E for a distance of 619.41 feet to a point on the West Right -of -Way line of Locust Grove Rd.; thence S 02°26' 12" E along said Right -of -Way line of Locust Grov for a distance of 45.81 feet to the REAL POINT OF BEGINNING; containing 1.69 acres of land, more or less. Prepared by. Todd R. Waite P.L.S. Z:'.Prcyects�Fig� Csacaexllt�Cuments�Fi�ut-CGteplldesedoe-1 Exhibit C -7- Exhibit C - 8 - ti coP-1 J c�XUJOz `� _c .l0'L86 IIY 9A0801SOD01 aasg.tr� 1Q*� 'V Pi _ _ Q O to _E N � tl V v 8 'O tegj vi $C6'�542'E 1 pOa 237.$9' 500'iS'i2'E e e � NW15�42^B W 40AXV a p � � 1 W (t co e � N p AC s 0 9 Mme! N m $ ti »s.ts'ets �d2:oDH u !fu 9$ :Qll'�d sot o ►o sNG ,.al N ��r7 �8 Z� Exhibit C - 8 - WRITE land suweying, Ilc 2.710 Sunrise Rim Road, Suite 240 Boise, ID 83705 208.947.3830 Tele. 208.947.3829 Fax P.N. 2436 December 11, 2108 PROPOSED FIGNUT SUBDIVISION A parcel of land located in the Southeast 1/4 of Section 18, T.3N., lt. IE., B.M., Ada County, Idaho, and being more particularly described as follows: Commencing at the Southeast corner of said Section 18, from which the South 1/4 corner of said Section bears S 89044'18" W, 2649.09 feet, thence S 89°44' 18" W along the South boundary of said Section 18 and the centerline of E. Overlaid Rd., for a distance of 420.31 feet; thence leaving said boundary and centerline N 00° 15'42" W for a distance of 48.00 feet to a point on the North Right -of -Way line of E. Overland Rd., being the REAL POINT OF BEGINNING; thence S 99-44-18- W along said North Right -of -Way tine for a distance of 227.98 fed to the Southeast comer of Pack It Up Subdivision as filed in Book 84 at Page 9360, Ada County Records; thence leaving said Right -of -Way line N 29002'44" W along the East boundary of said subdivision for a distance of 584.73 feet to the Northeast comer of said subdivision; thence N 68°22'27" W along the Northerly boundary of said subdivision for a distance of 368.85 feet; thence leaving said Northerly boundary N 00°27'30" E for a distance of 379.33 fed to a point on the South Right -of -Way line of Interstate 84; thence along said Right -of -Way line of Interstate 84 for the following 3 courses: thence S 89°33'36" E for a distance of 371.62 feet; thence S 83045'1 r'E for a distance of 200.65 fed; thence S 89°34' 11" E for a distance of 619.41 fed to a point on the West Right -of -Way line of Locust Grove Rd.; CADomments and SettingsWerW1eNy Doc=mtsWignid (xxxx)\Domw=ts\FignutBndyD=.doc-1 Exhibit C - 9 - thence S 02°26' 12" E along said Right -of -Way line of Locust Grove Rd. for a distance of 45.81 feet; thence leaving said Rigid -of -Way Tune S 89037'27" W fnr a distance 322.09 feet; thence S 00'43'4T'E for a distance of 237.09 feet; thence S 32°23' 17" E inr a duce of 300.86 feed; thence N 88'49'29" E for a distance of 178.78 feet to a point on the West Right -of -Way line of said Locust Grove Rd.; thence S 02'26'12" E along said Right -of -Way line of Locust Grove Rd. for a distance of 48.75 feet; thence continuing along said Right -0f -Way line S 89028110" E for a distance of 7.18 feet; thence continuing along said Right -of -Way line S 00'31'53" W for a distance of 194.28 feet; thence leaving said Right -of -Way line S 89'44'18" W for a distance of 369.% fed; thence S 00'15'42" E for a distance of 216.00 feet to the REAL POINT OF BEGINNING; containing 16.78 acres of land, mare or less. Prepared by. Todd R. Waite P.L.S. CADw meats and SeWngsNerie11eNy DocumentsTignat (xxxx)1Dw meatsTigautBudyDesc.doo-2 Exhibit C -10- 't : s $ ig i g$ a b Ig s s �9 sd 3earo Jsnao7 ! ter• �t �+s' � — — — rres� _ a aa�euo « 1 — — �5� —YE MSS �� jawt ° D� Q � Irm ~ RccWr^z' �W LLJ m I CL AF M z I I aW o � � or � a g J 1g i 1 rS ly s�I � I I 4 I� b � Q a 5 C I -Q ♦ H � ` ay Exhibit C - 11 - D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to zone the subject property to C -G and I -L. The Council finds that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 7, of the Staff Report for more information. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that future development of this property should comply with the established regulations and purpose statement of the C -G and I -L zoning districts, if the DA provisions are adhered to. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that a zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that a zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, the Council finds that Annexation and Zoning of this property to C -G and I -L would be in the best interest of the City, if the Applicant enters into Development Agreement (DA) with the City, as mentioned in the Staff Report. 2. Rezone Findings Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an amendment to the Comprehensive Plan, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The Council finds that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan. b. The map amendment complies with the regulations outlined for the proposed Exhibit D - I - district, specifically the purpose statement; The Council fords that the proposed mix of uses allowed within the C -G and I -L zoning districts will assist in providing service needs of the community. The Council fords that future development of this property should comply with the established regulations and purpose statements of the requested zoning districts. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council fords that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this fording. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council fords that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The rezone is in the best interest of the City. The Council fords that the rezone of the subject property from C -G to I -L is in the best interest of the City. 3. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Council fords that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. The Council supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 7, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council fords that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B for more detail.) Exhibit D - 2 5. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff is unaware. 6. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic, or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Staff is unaware. 4. Alternative Compliance Findings: In order to grant approval for alternative compliance, the director shall determine the following findings: a. Strict adherence or application of the requirements is not feasible; OR Staff finds the location of the irrigation easement and drainage easement does not make it feasible for the planting of the required trees. The applicant is proposing to install lawn, and a mix of shrubs and boulders throughout the planting area within lot 1, Block 1 and the 25 -foot wide landscape buffer adjacent to the southern boundary of Lot 2, Block Mn addition, the required 50 -foot wide landscape street buffer adjacent to I-84 and the 10 -foot wide landscape street buffers are proposed to be installed with lot development. Staff is supportive of the request because there is a possibility the landscaping may be damaged as development occurs on the lots. In addition, the applicant has approximately a quarter mile of frontage along I-84. Therefore, staff believes there is an undue hardship on the applicant particularly since the applicant does not have any end users who want to develop in the area. b. The alternative compliance provides an equal or superior means for meeting the requirements; and Staff finds the alternative compliance does provide a superior means for meeting the City's landscape standards. The applicant has not asked for width reduction to any of the required landscape buffers. In fact the landscaping proposed for Lot 1, Block 1 exceeds the minimum width required by the UDC. Therefore, Staff supports the proposed concept landscape plan, as depicted in Exhibit A. c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. Staff finds that the proposed alternative will not be detrimental to the public welfare or impair the use or character of the surrounding properties. Exhibit D - 3 - July 2, 2009 YXIMFIVAN MERIDIAN CITY COUNCIL MEETING July 7, 2009 APPLICANT Prlde, LLC ITEM NO. 12 REQUEST Public Hearing — Request for a Rezone of 10.13 acres from R-8 to TN -R zone for Crossfield -- south of W. Ustick Road & west of N. Blairmore Way AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT. CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached AfIldavit of Posting COMMENTS See attached P&Z Item Packet / ARIlmdes See attached Rees & Request for Continuance Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. July 2, 2009 MERIDIAN CITY COUNCIL MEETING July 7, 2009 APPLICANT ITEM NO. 13 REQUEST Executive Session per Idaho State Code 67-2345(1) (f) & 0) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT. CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT. ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Affidavit of Posfin Contacted: Date: Phone: Emailed: Staff Initials: Matedais presented at pubik meetings stud) become property of the City of Meddkm.