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HomeMy WebLinkAbout2010-07-06E IDIAN*,---- IDAHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 06, 2010 at 7:00 PM 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 Steve Moore with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of June 8, 2010 City Council Workshop Meeting B. Approve Minutes of June 22, 2010 City Council Regular Meeting C. Professional Services Agreement with Chuck Smith/New Trio for Musical Talent - Concerts on Broadway for a Not -to -Exceed Amount of $400.00 D. Professional Services Agreement with Kings of Swing for Musical Talent - Concerts on Broadway for a Not -to -Exceed Amount of $1,500.00 E. Professional Services Agreement with Meridian Symphony Orchestra for Musical Talent - Concerts on Broadway for a Not -to -Exceed Amount of $500.00 F. Third Lease Amendment - Extending Term of Lease of Police Station Room 103 to Idaho State Department of Corrections to June 30, 2013 Meridian City Council Meeting Agenda — Tuesday, July 06, 2010 Page 1 of 3 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. Underground Powerline Easement for Split Corridor Landscape Irrigation H. Task Order #10194 for the Easement Conversion Project with Resource Data, Inc. Under the Master Agreement Dated April 13, 2010 for a Not -To -Exceed Amount of $91,121.25 I. Findings of Fact and Conclusions of Law for Approval: PFP 10-002 Freedomworks Subdivision by Wally Morgas Located Southwest Corner of W. Overland Road and South Stoddard Road: Request for Approval of a Combined Preliminary / Final Plat Consisting of 3 Building Lots on 11.91 Acres of Land in a C -G (General Retail and Service Commercial) Zoning District J. Findings of Fact and Conclusions of Law for Approval: MDA 10-006 Spring Creek Ustick (aka Ashtyn Park) by Douglas Clegg Located at 3165 N. Meridian Road Request for Modification to the Existing Development Agreement to Allow for Development of an Assisted Living Facility Instead of a Professional Office Park as Previously Proposed 6. Community Items/Presentations A. Mayor's Anti -Drug Coalition (MADC) Presentation: Recognition of PAL Coaches Hall of Fame Recipients 7. Items Moved From Consent Agenda 8. Action Items A. Continued Public Hearing from March 2, 2010: VAR 08-008 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Variance to UDC 11-31-1-4 Which Prohibits New Approaches From Directly Accessing a State Highway to Allow 2 Right -In / Right -Out Access Points (Approximately 660 Feet From the North and South Intersections) and 1 Right -In / Right -Out, Left -In Access Point at the 1/4 Mile to State Highway 69 / Meridian Road Continued to August 17, 2010 B. Continued Public Hearing from March 2, 2010: AZ 08-005 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Annexation and Zoning of Meridian City Council Meeting Agenda — Tuesday, July 06, 2010 Page 2 of 3 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. 73.10 Acres from RUT in Ada County to R-15 (Medium High Density Residential) (5.68 Acres), L -O (Limited Office) (3.22 Acres) and C -C (Community Business) (30.72) and C -G (General Retail and Service Commercial) (33.47 Acres) Zoning Districts Continued to August 17, 2010 C. Continued Public Hearing from June 22, 2010: TE 10-016 Trilogy Subdivision by Conger Management Group Located 4325 W. Chinden Boulevard: Request for Approval of an 18 Month Time Extension to Obtain the City Engineer's Signature on the First Final Plat Approved D. Public Hearing: VAC 10-005 The Courtyards at Ten Mile by Truce, LLC Located at Southeast Corner of Ten Mile Road and Pine Avenue: Request to Vacate the Public Access / Utility Easements Platted on Lots 4, 5, and 7; Block 1 Approved 9. Department Reports A. Planning Department: Ten Mile Road/Southridge Pathway and Sidewalk Discussion Motion approved directing staff about conditions when preparing the Development Agreement B. Air Quality Board Update Adjourned at 7:50 p.m. Meridian City Council Meeting Agenda — Tuesday, July 06, 2010 Page 3 of 3 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. EIDIAN-- IDAHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 06, 2010 at 7:00 PM 1. Roll -Call Attendance David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Steve Moore with Ten Mile Christian Church 4. Adoption of the Agenda S. Consent Agenda A. Approve Minutes of June 8, 2010 City Council Workshop Meeting B. Approve Minutes of June 22, 2010 City Council Regular Meeting C. Professional Services Agreement with Chuck Smith/New Trio for Musical Talent - Concerts on Broadway for a Not -to -Exceed Amount of $400.00 D. Professional Services Agreement with Kings of Swing for Musical Talent - Concerts on Broadway for a Not -to -Exceed Amount of $1,500.00 E. Professional Services Agreement with Meridian Symphony Orchestra for Musical Talent - Concerts on Broadway for a Not -to -Exceed Amount of $500.00 F. Third Lease Amendment - Extending Term of Lease of Police Station Room 103 to Idaho State Department of Corrections to June 30, 2013 Meridian City Council Meeting Agenda — Tuesday, July 06, 2010 Page 1 of 3 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. Underground Powerline Easement for Split Corridor Landscape Irrigation H. Task Order #10194 for the Easement Conversion Project with Resource Data, Inc. Under the Master Agreement Dated April 13, 2010 for a Not -To -Exceed Amount of $91,121.25 Findings of Fact and Conclusions of Law for Approval: PFP 10-002 Freedomworks Subdivision by Wally Morgas Located Southwest Corner of W. Overland Road and South Stoddard Road: Request for Approval of a Combined Preliminary / Final Plat Consisting of 3 Building Lots on 11.91 Acres of Land in a C -G (General Retail and Service Commercial) Zoning District J. Findings of Fact and Conclusions of Law for Approval: MDA 10-006 Spring Creek Ustick (aka Ashtyn Park) by Douglas Clegg Located at 3165 N. Meridian Road Request for Modification to the Existing Development Agreement to Allow for Development of an Assisted Living Facility Instead of a Professional Office Park as Previously Proposed 6. Community Items/Presentations A. Mayor's Anti -Drug Coalition (MADC) Presentation: Recognition of PAL Coaches Hall of Fame Recipients 7. Items Moved From Consent Agenda 8. Action Items A. Continued Public Hearing from March 2, 2010: VAR 08-008 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Variance to UDC 11-31-1-4 Which Prohibits New Approaches From Directly Accessing a State Highway to Allow 2 Right -In / Right -Out Access Points (Approximately 660 Feet From the North and South Intersections) and 1 Right -In / Right -Out, Left -In Access Point at the 1/4 Mile to State Highway 69 / Meridian Road B. Continued Public Hearing from March 2, 2010: AZ 08-005 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Annexation and Zoning of 73.10 Acres from RUT in Ada County to R-15 (Medium High Meridian City Council Meeting Agenda — Tuesday, July 06, 2010 Page 2 of 3 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. Density Residential) (5.68 Acres), L -O (Limited Office) (3.22 Acres) and C -C (Community Business) (30.72) and C -G (General Retail and Service Commercial) (33.47 Acres) Zoning Districts C. Continued Public Hearing from June 22, 2010: TE 10-016 Trilogy Subdivision by Conger Management Group Located 4325 W. Chinden Boulevard: Request for Approval of an 18 Month Time Extension to Obtain the City Engineer's Signature on the First Final Plat D. Public Hearing: VAC 10-005 The Courtyards at Ten Mile by Truce, LLC Located at Southeast Corner of Ten Mile Road and Pine Avenue: Request to Vacate the Public Access / Utility Easements Platted on Lots 4, 5, and 7; Block 1 9. Department Reports A. Planning Department: Ten Mile Road/Southridge Pathway and Sidewalk Discussion B. Air Quality Board Update Meridian City Council Meeting Agenda — Tuesday, July 06, 2010 Page 3 of 3 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. E IDIAN*-.- MDAHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 06, 2010 at 7:00 PM -7 - (q P • vt& ✓1. Roll -Call Attendance ✓ David Zaremba Brad Hoaglun Charlie Rountree/ -� Keith Bird 7_ Mayor Tammy de Weerd 2 Pledge of Allegiance !l voolP --'3. Community Invocation by Steve Moore with Ten Mile Christian Church V'4. Adoption of the Agenda �. Consent Agenda��" A. Approve Minutes of June 8, 2010 City Council Workshop Meeting B. Approve Minutes of June 22, 2010 City Council Regular Meeting C. Professional Services Agreement with Chuck Smith/New Trio for Musical Talent - Concerts on Broadway for a Not -to -Exceed Amount of $400.00 D. Professional Services Agreement with Kings of Swing for Musical Talent - Concerts on Broadway for a Not -to -Exceed Amount of $1,500.00 E. Professional Services Agreement with Meridian Symphony Orchestra for Musical Talent - Concerts on Broadway for a Not -to -Exceed Amount of $500.00 F. Third Lease Amendment - Extending Term of Lease of Police Station Room 103 to Idaho State Department of Corrections to June 30, 2013 Meridian City Council Meeting Agenda — Tuesday, July 06, 2010 Page 1 of 3 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. Underground Powerline Easement for Split Corridor Landscape Irrigation H. Task Order #10194 for the Easement Conversion Project with Resource Data, Inc. Under the Master Agreement Dated April 13, 2010 for a Not -To -Exceed Amount of $91,121.25 I. Findings of Fact and Conclusions of Law for Approval: PFP 10-002 Freedomworks Subdivision by Wally Morgas Located Southwest Corner of W. Overland Road and South Stoddard Road: Request for Approval of a Combined Preliminary / Final Plat Consisting of 3 Building Lots on 11.91 Acres of Land in a C -G (General Retail and Service Commercial) Zoning District J. Findings of Fact and Conclusions of Law for Approval: MDA 10-006 Spring Creek Ustick (aka Ashtyn Park) by Douglas Clegg Located at 3165 N. Meridian Road Request for Modification to the Existing Development Agreement to Allow for Development of an Assisted Living Facility Instead of a Professional Office Park as Previously Proposed VZ 6. Community Items/Presentations A. Mayor's Anti -Drug Coalition (MADC) Presentation: / Recognition of PAL Coaches Hall of Fame Recipients 7. Items Moved From Consent Agenda 8. Action Items A. Continued Public Hearing from March 2, 2010: VAR 08-008 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Variance to UDC 11-31-1-4 Which Prohibits New Approaches From Directly Accessing a State Highway to Allow 2 Right -In / Right -Out Access Points (Approximately 660 Feet From the North and South Intersections) and 1 Right -In / Right -Out, Left -In Access Point at the 1/4 Mile to State Highway 69 / Meridian Road Applicant Requests to Continue o August 17, 2010 B. Continued Public Hearing from March 2, 2010: AZ 08-005 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Annexation and Zoning of Meridian City Council Meeting Agenda — Tuesday, July 06, 2010 Page 2 of 3 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. 73.10 Acres from RUT in Ada County to R-15 (Medium High Density Residential) (5.68 Acres), L -O (Limited Office) (3.22 Acres) and C -C (Community Business) (30.72) and C -G (General Retail and Service Com ercial) (33.47 Acres) Zoning Districts C g-n.�1 -)b P/17 C. Continued Public Hearing from June 22, 2010: TE 10-016 CLQ PA Trilogy Subdivision by Conger Management Group Located Off �-, 4325 W. Chinden Boulevard: Request for Approval of an 18 a d ( Month Time Extension to Obtain the City Engineer's Signature on the First Final Plat i � e 1p f J �� P .D. Public Hearing: VAC 10-005 The Courtyards at Ten Mile by C Loak P/k Truce, LLC Located at Southeast Corner of Ten Mile Road and Z�( • / Pine Avenue: Request to Vacate the Public Ac ess / ilit Easemepts Platted on Lots 4, 5, and 7; Block 1,�� 9. Department Reports A. Planning Department: Ten Mile Road/Southridge Pathway and Sidewalk D'scussion 7'i' 0hdV%, `f a d4u�- i� . l A ,D � �g B. Air Quality, Board Update �,�� rftt d,(✓a fr' Meridian City Council Meeting Agenda — Tuesday, July 06, 2010 Page 3 of 3 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 Citv Council Meeting July 6. 2010 A Council meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, July 6, 2010, by Mayor Tammy De Weerd. Members Present: President David Zaremba, Charlie Rountree, Keith Bird, and Brad Hoaglun. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Bill Parsons, Kyle Radek, Mike De St. Germain, Joe Silva, 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 will go ahead and call tonight's meeting to order and for the record it is Tuesday, July 6th. It's 14 minutes after 7:00. We will start tonight's meeting with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance and tonight we will be led in the pledge by Sam Kurtzberger. He is with Troop 62 with the United Methodist Church. If Sam would come forward and you will all rise and join us in the pledge. (Pledge of Allegiance recited.) De Weerd: Sam, I have a City of Meridian pin for you. Thank you for leading us in the pledge. Item 3: Community Invocation by Pastor Steve Moore with Ten Mile Christian Church. De Weerd: Item No. 3 is our community invocation. At this time I'd like to invite Pastor Steve Moore with Ten Mile Christian Church to come forward and invite you to join us in the invocation or take this as an opportunity for a moment of reflection. Nice to see you, pastor. Moore: Good to be here. I'll just take a second to pass on a compliment to our community. De Weerd: Okay. If you want to speak into the microphone. Meridian City Council July 6, 2010 Page 2 of 17 Moore: Okay. I'm just going to take a second to pass on a compliment. Today I had a funeral for one of the citizens of our city, it's a sad deal, 38 year old mother leaves a husband and child, but the family is from Iowa and -- the majority of them and in the processional from the church building to the -- the cemetery it was amazing how the community showed respect and as we met traffic they were off to the side, city employees that stopped and took their hats off and the family expressed their appreciation for that kind of community that we are. De Weerd: Thank you. Moore: Our Father God in Heaven, I pray that we here in Meridian would continue to be a people that -- that truly care and notice little things. The little things reflect what we really are, that we would be a community of character and neighbors. I thank you for these who serve us, our Mayor, our City Council, our civil servants here in the community that give their time as we are witnessing here tonight, that have had meetings all day long and they make a decision how to use their time. We are grateful for that. Pray that you would use this meeting for -- just to develop this community into more as a light. In this season we have been reminded of how good we have it in this nation, in this state, in this city, our freedoms, the things that we take for granted and, God, we pause to recognize that it's our faith in you that has delivered so much of this. We praise you for that in Jesus' name, amen. Item 4: Adoption of the Agenda. De Weerd: Thank you, pastor. Item No. 4 is the adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: On tonight's agenda under Item 8-A, the applicant is requesting to continue to August 17th of this year and that is the only item of note, so I move adoption of the agenda. Zaremba: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda. A. Approve Minutes of June 8, 2010 City Council Workshop Meeting Meridian City Council July 6, 2010 Page 3 of 17 B. Approve Minutes of June 22, 2010 City Council Regular Meeting C. Professional Services Agreement with Chuck Smith/New Trio for Musical Talent - Concerts on Broadway for a Not -to -Exceed Amount of $400.00 D. Professional Services Agreement with Kings of Swing for Musical Talent - Concerts on Broadway for a Not -to -Exceed Amount of $1,500.00 E. Professional Services Agreement with Meridian Symphony Orchestra for Musical Talent - Concerts on Broadway for a Not -to -Exceed Amount of $500.00 F. Third Lease Amendment - Extending Term of Lease of Police Station Room 103 to Idaho State Department of Corrections to June 30, 2013 G. Underground Powerline Easement for Split Corridor Landscape Irrigation H. Task Order #10194 for the Easement Conversion Project with Resource Data, Inc. Under the Master Agreement Dated April 13, 2010 for a Not -To -Exceed Amount of $91,121.25 I. Findings of Fact and Conclusions of Law for Approval: PFP 10-002 Freedomworks Subdivision by Wally Morgas Located Southwest Corner of W. Overland Road and South Stoddard Road: Request for Approval of a Combined Preliminary / Final Plat Consisting of 3 Building Lots on 11.91 Acres of Land in a C -G (General Retail and Service Commercial) Zoning District J. Findings of Fact and Conclusions of Law for Approval: MDA 10-006 Spring Creek Ustick (aka Ashtyn Park) by Douglas Clegg Located at 3165 N. Meridian Road Request for Modification to the Existing Development Agreement to Allow for Development of an Assisted Living Facility Instead of a Professional Office Park as Previously Proposed De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council July 6, 2010 Page 4 of 17 Hoaglun: I move approval of the Consent Agenda and for the Mayor to sign and Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion from Council, 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 6: Community Items/Presentations A. Mayor's Anti -Drug Coalition (MADC) Presentation: Recognition of PAL Coaches Hall of Fame Recipients De Weerd: Item 6 under our Community Items we have the privilege of recognizing several coaches for their participation in our recognition program with -- or recognized program with the PAL coaches and we will be recognizing those coaches that will be entered into our coaches hall of fame and so let me come on down. So, Elisha and Brenda are here from the police department and the MADC. If you want to give a few remarks about the program and, unfortunately, I missed the handing out of awards for the most recent round, but just give a little bit of background. Figueroa: Well, for those of you who aren't familiar with the recognized program, it is, actually, an award winning substance abuse prevention program that the Mayor's Anti -Drug Coalition has developed and we work in collaboration with Meridian PAL, football and baseball, as well as Leadership First and during -- through this program we understand that coaches are a huge mentor and a huge factor in a child's life and so knowing that, we train these coaches to deliver the substance abuse prevention messages to their young athletes and we know that it takes a lot of extra time for them to do that and a lot of commitment and it's not part of what a coach normally is signing up for when they sign up to coach and so we'd like to recognize that. So, the coaches that are being recognized tonight have had their teams complete one hundred percent of the program and so it's a huge honor for them to be here tonight. And, actually, with summer being the way it is, the Fourth of July weekend just being passed, we have several coaches that have been admitted to the hall of fame tonight and only one coach that was able to come tonight and so we are grateful to him for being here. If you want to go ahead and come up, Michael McCabe, and he is one of our Meridian PAL football coaches. De Weerd: And I would like to just add a little bit to it. Our coaches -- my father was a football coach and, you know, if you look back over your growing up years, who were Meridian City Council July 6, 2010 Page 5 of 17 the influential people in your life? It was generally a teacher, maybe a scout leader, or a coach and they have a unique opportunity to not only role model, but to talk about life lessons and integrate them into the coaching experience. The recognized program has also been noted on a national level for the Police Activities League for the quality of a program that it is. In fact, both Elisha and Brenda were at the national convention in June to present the recognized program, along with our partners, the Meridian PAL and Leadership First, and this program has been voted by the national level of PAL to be their number one program this coming year. I think it speaks to the impact -- the potential impact that this program can have on our children for making good choices, because the recognized program starts with our coaches, which we truly value Mike for being here tonight and for being a roll model and a leader in sending the correct message to our budding athletes, but to make good choices and to reinforce that in practices and the game and, then, in a ceremony at the end of the season that gives those children a dog tag that businesses sponsor, recognizing their commitment to the program and giving them free items in recognition of their participation and their dedication to making good choices. So, it's -- all around it takes a community to raise our kids and this program starts with our coaches and so I'd like to thank you for being here tonight, for participating, encouraging your players to be involved, to complete the course and for emulating the right message to the kids that you lead. So, thank you. And this -- his name now has been added to the plaque and it hangs here at City Hall, so people can see the coaches that are providing time and investment in the youth of our community. So, again, thank you for being here tonight. Bird: It's all about the kids. De Weerd: It is all about the kids. Rountree: Thanks, Mike. Item 7: Items Moved From Consent Agenda De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Action Items A. Continued Public Hearing from March 2, 2010: VAR 08-008 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Variance to UDC 11-3H-4 Which Prohibits New Approaches From Directly Accessing a State Highway to Allow 2 Right -In / Right -Out Access Points (Approximately 660 Feet From the North and South Intersections) and 1 Right -In / Right -Out, Left -In Access Point at the 1/4 Mile to State Highway 69 / Meridian Road B. Continued Public Hearing from March 2, 2010: AZ 08-005 Meridian City Council July 6, 2010 Page 6 of 17 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Annexation and Zoning of 73.10 Acres from RUT in Ada County to R-15 (Medium High Density Residential) (5.68 Acres), L -O (Limited Office) (3.22 Acres) and C -C (Community Business) (30.72) and C -G (General Retail and Service Commercial) (33.47 Acres) Zoning Districts De Weerd: So, we will move to Item 8, our Action Items. Item 8-A has been requested to continue to August 17th. I will need a motion to do so. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we continue Item 8-A, VAR 08-008 to our regularly scheduled meeting of August 17th, 2010. Rountree: Second. Bird: Second. De Weerd: I have a motion and a second to continue Item 8-A to August 17th, 2010. All those in favor say aye. All ayes, I assume. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor, I think -- Nary: With some help from the clerk, the problem is that staff actually from Planning did not agree with that request and was going to ask you to move it to next week and so that they would have an opportunity to talk to the applicant and have the applicant come to make their request in person, rather than in August. But if you'd rather just do it in August, we can do that. But the staff didn't agree with that request from the applicant and that was -- that was skipped past us. I'm sorry. Friedman: Madam Mayor, Council Members, if you choose to go to August, that's certainly your pleasure, but I'm not sure that the date that was requested by the applicant is one of your hearing dates. So, if Madam Clerk could give us another hearing date in August. Holman: Madam Mayor, Members of the Council, I believe the first meeting in August normally we cancel for National Night Out. So, that would leave us the second meeting, which is a workshop and that's the 10th, and the fourth meeting, which is the 24th. Meridian City Council July 6, 2010 Page 7 of 17 De Weerd: I think we did talk about doing a meeting on the 17th. Bird: Yes, we did, because the first is the night out. De Weerd: Yeah. Holman: Okay. De Weerd: So, that date works. I guess, Council, we have a motion that has been moved and seconded and voted on. So, what would you like to do? Sorry we are so efficient, but I didn't hear anyone say anything until after the vote. Bird: Madam Mayor? Zaremba: I could make a motion to withdraw the previous motion. De Weerd: It's already been voted on. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I -- I don't see how missing the one that -- for the National Night Out, we are going to probably have to meet on the 17th. Let's just leave it to the 17th. Item 8-13, which is AZ 08-005 needs to be continued to August 17th, 2010 and I would make that motion. Hoaglun: Second. De Weerd: So, Item 8-13 also wants to be continued? Bird: Yes. It's part of it. De Weerd: Okay. I have a motion and a second to continue Item 8-13 as well to August 17th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. C. Continued Public Hearing from June 22, 2010: TE 10-016 Trilogy Subdivision by Conger Management Group Located 4325 W. Chinden Boulevard: Request for Approval of an 18 Month Time Extension to Obtain the City Engineer's Signature on the First Final Plat De Weerd: Okay. Item 8-C is a continued public hearing from June 22nd on TE 10- 016. 1 will ask for staff comments at this time. Meridian City Council July 6, 2010 Page 8 of 17 Friedman: Thank you, Madam Mayor, Members of the Council. This is a request for an 18 month time extension to obtain the city engineer's signature on the Trilogy Subdivision, which is located on the southeast corner of Black Cat Road and Chinden Boulevard. The proposal -- the proposed preliminary plat has received an 18 month time extension from the director. That time extension expired on May 21 st of this year. However, the Council time extension request was filed in a timely manner, so that it's before you tonight for hearing. The applicant has indicated due to continued market conditions they have been unable to meet the time requirements for obtaining the city engineer's signature on the final plat. Staff recommends approval with -- subject to the conditions listed in Exhibit B of the staff report and those include complying with all the previous conditions of approval for the site, submittal of a development agreement modification to include sample elevations consistent with the architectural design guidelines and the design manual and those also specified in the staff report and compliance with the open space requirement, all of that to be submitted prior to the final plat approval when the time comes for that to come forward for your consideration. So, with that, if you have any questions, I would be happy to answer them. De Weerd: Thank you, Pete. Any questions? Okay. Any comment from the applicant? Good evening. If you will, please, state your name and address for the record. Conger: Madam Mayor, Members of the Council, Jim Conger, 1627 South Orchard Street, Boise. Just -- our comment is, basically, we -- we appreciate the staff, we come up front and apologize for our continuing to ask for a time extension. We have hit a window much like you guys already know and everybody is fairly familiar with. There is no economic sense in moving forward at the current moment. We truly believe in the project and continue to find its value and keep pushing along the approvals. So, with that we do appreciate staffs help and appreciate the City of Meridian and this extension. We still believe in the project. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: None. De Weerd: Okay. Thank you so much. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on TE 10-016. Hoaglun: Second. Rountree: Madam Mayor, discussion? Meridian City Council July 6, 2010 Page 9 of 17 De Weerd: Okay. I have a motion and a second to approve. Discussion. Rountree: It is a public hearing and I wanted an offer to the public to comment. I don't think anybody wants to comment, so -- De Weerd: Is there anyone who would like to provide comment on this application? Thank you for that. Zaremba: Call the question. De Weerd: Okay. If there is no discussion, Madam Clerk, will you, please, call roll. Oh, to close. Sorry. See, I really wanted to move this along. Okay. All those in favor of closing the public hearing say aye. All ayes. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve TE 10-016, extension for Conger Management Group. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-C. Zaremba: Discussion. Hoaglun: Just a quick question. And that's to include the conditions listed in Exhibit B of the staff report? Bird: Yes. Hoaglun: Okay. De Weerd: Okay. Mr. Zaremba? Zaremba: That was exactly my comment. De Weerd: Okay. Thank you. Madam Clerk, roll call. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council July 6, 2010 Page 10 of 17 MOTION CARRIED: ALL AYES. D. Public Hearing: VAC 10-005 The Courtyards at Ten Mile by Truce, LLC Located at Southeast Corner of Ten Mile Road and Pine Avenue: Request to Vacate the Public Access / Utility Easements Platted on Lots 4, 5, and 7; Block 1 De Weerd: Item 8-D is a public hearing on VAC 10-005. 1 will open the public hearing with staff comments. Friedman: Thank you, Madam Mayor, Members of the Council. This is a request to vacate a series of easements located toward the Courtyards at Ten Mile project. It's located at the corner of Ten Mile and Pine Avenue. When it was originally approved there were a number of easements in place, both to -- in favor of the city and the utility companies. That was based on a specific development plan. There have been some new developers that have come into the picture and are actually going to move forward and do something out there and in order to accommodate the development, there is a need to extinguish these -- vacate these easements and provide new ones. All public utilities have given their consent to relinquish their easements. New easements have been brought to the city and reviewed by Public Works and they find those acceptable. So, staff recommends approval of the vacation of the existing easements on this project. De Weerd: Thank you. Is the applicant here this evening? Would you like to make any comment? I certainly would. I'm so glad to see that eye sore cleaned up. If you would, please, state your name and address for the record. Stiles: Shari Stiles, 613 Franklin Park Drive, Boise. De Weerd: Thank you. Stiles: I'm just here to answer any questions that you may have. We are hoping to get the utilities run there in the near future and just the way it was laid out before wasn't going to work with our site plan, so that's all we are asking for. De Weerd: Okay. Thank you. And, Council, any questions? Bird: I have none. De Weerd: Statements of appreciation? Rountree: I second the Mayor's comment. Bird: I third it. I think we all do. Stiles: Thank you. Meridian City Council July 6, 2010 Page 11 of 17 De Weerd: Okay. Thank you. This is a public hearing. Is there anyone who would like to provide testimony on this application? Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the public hearing on VAC 10-005. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on item 8-D. All of those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the vacation of 10-005. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 8-D. Is there any discussion -- or any discussion? Bird: I have none. De Weerd: Okay. 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. Rountree: Madam Mayor? De Weerd: Yes. Rountree: A comment for our newest member over there on the -- on the staff edge. This particular application reminds me of an issue that's rising just east of this particular location. The weeds are getting out of hand on that subdivision that's kind of -- was going, but not going now, and I don't know where we are in terms of that, but it's -- there Meridian City Council July 6, 2010 Page 12 of 17 is a number of apartments around it, there is a number of residents around it, and I think we need to -- before it gets too dry we need to take a look at that. De Weerd: You can send code enforcement out there. Rountree: Send code enforcement out there. De St. Germain: We will do that, take a look at it. Rountree: Thank you. And congratulations, by the way. De St. Germain: Thank you. Rountree: Good to see you here. De Weerd: Yes. De St. Germain: Appreciate it. Item 9: Department Reports A. Planning Department: Ten Mile Road/Southridge Pathway and Sidewalk Discussion De Weerd: We can see what your promotion got you, duty at a City Council meeting. Lucky you. It is nice having you. Okay. Item 9-A is our Planning Department, discussion on the Ten Mile Road South Ridge pathway and sidewalk. Friedman: Thank you, Madam Mayor, Members of the Council. When Council reviewed and approved the South Ridge West rezone a few weeks back, there was discussion about the provision of the ten foot pathway that was going to run along Ten Mile Road from Overland north up to the new freeway interchange and at the time the Council voted to take that Ten Mile pathway and bring it behind the planned ACHD drainage pond there, there was further desire on the Council's part to see if the five foot sidewalk that was located between the drainage pond and Ten Mile Road would not be constructed and this was, again, the subject of discussion when you had your joint meeting with the ACHD commission a couple weeks later. Subsequent to that meeting we met with ACHD staff and they said we understand the Council's concerns, we believe from an engineering standpoint that the five foot sidewalk is still desirable to have them there, in addition to having the ten foot pathway behind the drainage pond. They took that to the commission here about a week or two ago. I got a subsequent call from the project engineer who said, you know, we have had this resurveyed and we find now that it is possible to construct the ten foot multi -use pathway along Ten Mile Road in front of the drain pond and still have an eight foot separation from the back of the curb to the roadside edge of the pathway and so my purpose in coming to you tonight is simply to say your original conditions of approval had that pathway going behind the Meridian City Council July 6, 2010 Page 13 of 17 drainage pond, how do you feel about the ten foot pathway going to the street side edge of the drainage pond with the eight foot separation from the back of curb. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Yeah, I'd love to see it. It's ten foot and you got an eight foot buffer. I think it's fantastic to go along there. Now, how we change it I don't know. How do we change it, Bill? De Weerd: Mr. Nary, how do go and change a finding in an approved -- Bird: Change the findings. Zaremba: Well, we made a condition. We need to uncondition it. Bird: Yeah. Nary: We will have to -- Friedman: Could we do it when we bring the development agreement back to Council? Nary: Yes. Yeah, that's right, we do have a development agreement that's pending. So, we can bring it back. As long as the applicant's on notice, we can bring it back with the development agreement. Bird: Okay. De Weerd: Because it was still contingent upon ACHD's approval. Nary: Yes. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Yes. i Rountree: That's a great solution and thanks to staff for working with ACHD and, Gary, our appreciation to you guys for finding a terrific solution. Thank you. That's my opinion. Do we need a motion to make sure that isn't lost in the record or you can annotate the file with as -- as the DA is developed that will be stricken? De Weerd: Request the DA to be -- Meridian City Council July 6, 2010 Page 14 of 17 Nary: It would probably be helpful to locate in the record if you make that motion and, then, we will make sure we make it a part of the DA. Rountree: Madam Mayor, I move that we direct staff, in the preparation of the development agreement for this item that the previous condition of approval for a pathway to be removed from adjacent to Ten Mile, follow the solution that's been provided by ACHD, that would provide a ten sidewalk multiple use pathway and eight foot buffer. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Okay. Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Pete. Friedman: Thank you. B. Air Quality Board Update De Weerd: And, again, thank you, Gary. Item 9-13 is an Air Quality Board update. I'll turn this over to our Council President Mr. Zaremba. Zaremba: Madam Mayor, thank you. Members of the Council. Hopefully, I will try and make this short. What I actually need is some advice and consensus on some advice to me in dealing with a situation. Real quickly, as most of you know, as of January 1 st the Air Quality Board changed our emissions -- vehicle emissions testing program to comply with the state requirement in that we went to testing every other year, exempting the first four years, and allowing the stations to charge up to 20 dollars. At the time we discussed not making any changes until there had been a full cycle, which would be two years. In the interim the DEQ and Canyon county have started a program which began June 1 st. Again, our Air Quality Board has taken a couple of votes that have said we will not make any changes until that program has been in effect for six months. There is a member that keeps proposing changes and we keep having public hearings and meetings about them. This last one was a proposal to change our fee structure, instead of saying up to 20 dollars, as the state law say, to say something different, like up to 12 dollars or up to 15 dollars. We held a public hearing. It was adequately noticed in the papers. Not only that, the Statesman ran a front page blurb on it the day of the public hearing. Nobody at the public hearing testified that they desired to have the rate any different than it already was, which was up to 20 dollars. Many stations are charging less than that and the up to is the operative word there. We took a vote -- not at the Meridian City Council July 6, 2010 Page 15 of 17 public hearing, but at our subsequent meeting, which was Monday a week ago. This is the Air Quality Board, and the vote was a majority to retain the state -- retain the compliance of the state statute and tell our stations they can charge up to 20 dollars. Immediately upon announcing that that vote was successful, the Ada County commissioner, who I will not mention, but she has been against many things and was in the minority on this vote. Immediately announced that she is going to proceed to have Ada County start a program where they are using Systec machines. These are the machines that Canyon county is using and that Ada County is not using and that we have said we will not consider until we see six months worth of use of them. I asked her if it was Ada County's intention to withdraw from the joint powers agreement and she said no. So, I first would like to ask Mr. Nary and, then, I will ask your opinion, if she brings that subject up again, my feeling is that the purpose of the joint powers agreement is that we all do the same policy and when there is a majority vote, that's the policy. I mean that's the way this Council works. If one of us finds ourself in a minority, we get behind the majority and to try and make it work. Well, that's not happening at the Air Quality Board. And the question that I have -- I don't feel that it is right for the Air Quality Board to run through a different program or to have a rogue program going. don't want the board to do that, I don't want the staff to have to deal with it, and the question that I will pose first to Mr. Nary is are you aware in the joint powers agreement, would a majority vote of the Air Quality Board members be able to expel another jurisdiction from the joint powers agreement? Nary: Madam Mayor, Members of the Council, Council Member Zaremba, my staff today looked for the joint powers agreement that -- and the reason we enacted in 1984, which was the empowering legislation that allowed the board to form the joint powers agreement, none of the local jurisdictions, including ours, have a copy of that agreement. So, I can't tell you specifically the agreement allows that. The statute doesn't allow that and your -- the subsequent enactments of the air quality act through DEQ in 1991 and 1999, don't allow members to be running a separate program apart from the join powers agreement. They can choose to not be in the -- in the group and, then, they are governed by DEQ directly. But whether or not you have the authority to actually expel a member, right now I can't tell you the answer to that, because I can't locate the agreement. I hope to be able to get that by tomorrow, but like our record -- our record system, as well as the other local jurisdictions don't have that. So, I can't tell you the answer to that, but I can tell you that if you do -- Ada County chooses to run their own program, then, they are subject to the DEQ regulations to run it separately from the joint powers group, but they can't have it both ways. Zaremba: Okay. With that explanation, I'm not on as strong ground as I thought I was before, but, again, I would like a consensus of the Council. If -- if the subject comes up and Ada County should for some reason choose a different program without withdrawing, would you authorize me to at least offer a motion at the Air Quality Board to expel them? Or should I just be quiet. Rountree: Madam Mayor, a question for David and/or Bill. Meridian City Council July 6, 2010 Page 16 of 17 Zaremba: I would not bring this up unless they actually did it, but -- De Weerd: Yes. Rountree: Are there bylaws for the Air Quality Advisory Board and as such they should govern. I think typical of bylaws it talks about voting and the general rule of how it's to operate. I'll bet it says that majority vote is where it goes. So, I don't know that you need to go to that extreme. If they don't wish to follow the bylaws, then, I believe they have automatically expelled themselves from playing anyway. So, I think your issue is taken care of. The Air Quality Board by statute is given powers and it's given a requirement to establish the bylaws by which it operates. If it's passed those and it's passed through the public officials test, then, I think we get the planning commissioners in a spot they don't really want to be in. Nary: I would concur with that, without -- again, I don't have the bylaws, but they need to follow the provisions of the agreement and the agreement -- without looking at it tonight, the agreement has to act the way you're saying, that the group has to work cooperatively or they can't be a part of the group. So, whether by action of the group they can be expelled or by their own action, by not participating and wanting to run a separate program, they are going to, essentially, expel themselves from the group. Either one of those outcomes would happen. Zaremba: Okay. All right. So, the gist that I get, I should cool my head and we will just see how it works out. I don't believe the current makeup of the Ada County commission supports her, but she has said she thinks that will change in January. I'm not convinced of that either, but -- but I will cool my head and not make an issue of it. Thank you. I appreciate your advice. I'm done. De Weerd: Any questions for Mr. Zaremba? Rountree: Don't make any changes. Bird: No. Don't make any changes. Zaremba: We had voted not to make any changes over and over, every different way you can put it. De Weerd: Well, thank you for the update. We are at the end of our agenda, which is very unique for us. We appreciate you lasting with us and, Council, I would ask for a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Meridian City Council July 6, 2010 Page 17 of 17 MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:49 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYO, MMY De Weerd DATE APPROVED ` TTE; SEAL y �cr �% 90 FUST i8� • `�.. P� 111 I JOCEEI. HOLMAN, CITY CLERK Changes to the Agenda: RECEWEI) JUL D 6 2010 ERIDIAN�-- Item: 8.A and B –Meridian and Amity AZ -08-005 and VAR -08-008) CITY CLERKS OFFICE Council Update: During the November 25, 2008 hearing (continued eight times) two issues were left unresolved. The first dealt with the 75 -foot gas easement that bisects the property and the second was the three proposed access points to Meridian Roabeen revised with the pi feline easement has been resolved and recommended DA provision #19 hasAccess to Meridian Road has been resolved with the ITD denial of the access points; therefore the variance application is ready for Council consideration and action. However, the applicant has ,.­__– .—+H +16s,.R,.et 17th meetiniz in order for the a iticant to line a re urzn iii i V v= v — ---- ------ - deny the applicant's request for continuance and move forward on the subiect applications. Location: Northwest corner of W. Amity Road and S. Meridian Road Application: Annexation and Variance Highlights of Proposed Development: The applicant is requesting Annexation and Zoning of 73.10 acres from Ada County RUT to R-15 (Medium-high Density Residential) L -O (Limited Office), C -C (Community Business District) and C -G (General Commercial) zoning districts and variance request for three access points to Meridian Road for a proposed Mixed Use Development. Concept Plan- The concept plan currently depicts a large scale retail development which includes a large retail box store, a multi -tenant mid -box retail site, 20 individual retail buildings including several drive throughs, 3 office buildings and a 7.5 acre multi -family development. Buildings on the site range in size from 2,000 square feet to 184,000 square feet. The total square footage of office and retail uses proposed on the site is approximately 478,800 square feet. Access- The applicant is proposing two full access points to Harris Street; Three access points to Meridian Rd. - one right-in/right-out/left-in driveway and two right-in/right-out only driveways; two full access driveways and one right-in/right-out only driveway access to W. Amity Road and six full access driveways along the east side and one full access driveway on the west side of the proposed backage road. Outstanding Issue(s) for City Council: This project has been continued since the November 25, 2008 hearing. The purpose of the continuances was for the applicant to resolve the access points proposed for Meridian Road with ITD. The final decision denying access to Meridian Rd. has been rendered by ITD. The Council has the following options on the disposition of the subject applications: Option #1: The Council can move forward on the AZ application and the applicant can withdraw the variance request and re -submit when the legal process is complete. Option #2: Move forward with the AZ and VAR requests since the administrative actions have been exhausted with ITD and a final order for denial of the variance has been rendered by the Director. If the Council supports the action of ITD and the variance application is denied, the applicant could re- apply one year after the denial. NOTE: The Council may still act favorably on the Annexation request as the variance is not necessary as other access is available to the site. Notes: fan city Cornell gibing PROFESSIONAL SERVICES AGREEMENT MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGREEMENT — MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement") is made this & day of, 2010 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Chuck Smith, on behalf of New Trio Plus, an informally organized organization, whose address is: 1625 Holden Lane, Boise, Idaho. WHEREAS, the City desires that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the Meridian City Hall plaza during the summer; and WHEREAS, the Parties mutually desire to present "Jazz Night' as part of the 2010 Concerts on Broadway series which concert will feature the music of Steve Hobbs, a musician specializing in the performance of vibraphone music, and New Trio Plus, a local jazz ensemble composed of a saxophonist Sandon Mayhew, pianist Chuck Smith, drummer Scott Reusser, and bassist Rod Wray; 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. A. Performance. Chuck Smith and New Trio Plus, with Steve Hobbs, shall perform for the public approximately ten (10) jazz, swing and/or rhythm and blues songs, from 7:00 p.m. to at least 8:30 p.m., on Saturday, June 19, 2010, in the plaza at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho, with one fifteen -minute break during this time. B. Instruments. City shall provide a piano for use by New Trio Plus on Saturday, June 19, 2010. Chuck Smith and/or the members of New Trio Plus shall transport or procure any and all equipment and/or musical instruments necessary to perform the services described hereunder that City has not expressly agreed in this Agreement to provide. C. Rehearsal and sound checks. Chuck Smith and the members of New Trio Plus shall arrive, with any and all equipment and/or musical instruments not expressly provided by City under this Agreement, at Meridian City Hall at 5:00 p.m. on June 20, 2009 for the purpose of set-up, rehearsal, and/or sound checks. All set-up, rehearsal, and/or sound checks shall be completed by 6:00 p.m. II. COMPENSATION. A. Total amount. City shall make total payment to Chuck Smith for services rendered by Chuck Smith and the members of New Trio Plus pursuant to this Agreement in the amount of four hundred dollars ($400.00). This payment shall constitute full compensation from City to Chuck Smith and/or the members of New Trio Plus for any and all services, costs, and expenses PROFESSIONAL SERVICES AGREEMENT — CHUCK SMITH/NEw TRIO PLUS, CONCERTS ON BROADWAY PAGE I of 5 related to services performed under this Agreement. Chuck Smith and/or the respective members of New Trio Plus shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. B. Cancellation of event. If Chuck Smith and New Trio Plus are present and prepared to perform at the time, date, and place, and in accordance with the terms set forth herein, City shall pay Chuck Smith in the amount set forth herein, even if the event is cancelled due to inclement weather or other unforeseen events not caused by Chuck Smith or the members of New Trio Plus. Any decision regarding whether to cancel the performance shall be made no earlier than 6:30 p.m. on June 19, 2010. C. Method of payment. Following the June 19, 2010 performance, Chuck Smith shall provide City with a completed W-9 form and an invoice for the amount of four hundred dollars ($400.00) for services provided, which City shall pay within thirty (30) days of receipt thereof. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Chuck Smith and/or any other payee. III. VENUE A. Plaza. City shall provide and set up risers and amplification equipment on the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho, which is an outdoor, open, public venue. Chuck Smith and the members of New Trio Plus shall be solely responsible for any and all measures necessary to protect their equipment, instruments, and persons from damage due to weather and other conditions that do or may exist. B. Public venue. Chuck Smith and the members of New Trio Plus acknowledge that the venue is a public place and that all members of the public shall be invited to attend. To this end, the members of New Trio Plus shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. New Trio Plus's performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. C. City policy applies. Chuck Smith and the members of New Trio Plus shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department, and any requirements of the City Building Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting City facilities and property. D. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, the June 19, 2010 performance for educational and public information purposes, but City shall not undertake such recording activities for commercial purposes. City shall make a verbal announcement prior to the performance requesting that members of the public attending the concert not to take photographs or make recordings but City shall not be responsible for the actions of persons who are not under its employment or control. E. Merchandising. Chuck Smith and/or New Trio Plus shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City PROFESSIONAL SERVICES AGREEMENT — CHUCK SMrrH/NEw TRIO PLUS, CONCERTS ON BROADWAY PAGE 2 of 5 respectfully requests that twenty percent (20%) of any proceeds from merchandise sold at the Concerts on Broadway event be voluntarily donated to the Meridian Arts Commission. IV. TERMS AND CONDITIONS A. Time of the essence. Chuck Smith and the members of New Trio Plus acknowledge that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree 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 breach of, and a default under, this Agreement by the party so failing to perform. B. Promotion of event. City shall promote the June 19, 2010 performance in community promotional materials and avenues, including the City newsletter, City website, Meridian Parks & Recreation Department Activity Guide, and local media and event calendars. Chuck Smith may undertake additional promotional activities at their own expense and effort, subject only to the limitations set forth herein. City hereby conveys to Chuck Smith permission to use City's name in all forms and media and in all manners, without violation of City's respective rights of privacy or any other rights City may possess in connection with its role in the production of Concerts on Broadway, except that City's logo may not be used in any manner whatsoever without the express, written consent of the Mayor's Executive Assistant. C. Subcontracting or assignment of obligations. Chuck Smith and the members of New Trio Plus shall not subcontract or assign any of their obligations under this Agreement related to or that may relate to his talent or expertise. Chuck Smith and the members of New Trio Plus may subcontract or assign obligations that do not require his artistic talent or expertise, including, but not limited to, such obligations as transport and set-up of special equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. D. Non -waiver of breach. 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. E. Indemnification. Chuck Smith and each member of New Trio Plus shall, and hereby do, 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 Chuck Smith and/or New Trio Plus, their assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. Chuck Smith and each member of New Trio Plus acknowledge that provision of the services described hereunder presents risks, some of which are unknown, and does agree to assume all such known or unknown risks. F. Waiver. Chuck Smith and each member of New Trio Plus shall, and hereby do, 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 the performance of this Agreement, whether such loss or damage may be attributable to known or PROFESSIONAL SERVICES AGREEMENT — CHUCK SMrfH/NEw TRIO PLUS, CONCERTS ON BROADWAY PAGE 3 of 5 unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. G. Relationship of Parties. Chuck Smith and each member of New Trio Plus is an independent contractor and is 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 Chuck Smith or any member of New Trio Plus and City or between Chuck Smith or any members of New Trio Plus and any official, agent, or employee of City. Chuck Smith and New Trio Plus shall retain the right to perform services for others during the term of this Agreement. H. Compliance with law. Throughout the course of this Agreement, Chuck Smith and each member of New Trio Plus shall comply with any and all applicable federal, state, and local laws. I. Non -Discrimination. Throughout the course of this Agreement, neither Chuck Smith nor any member of New Trio Plus shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. 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, 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. K. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. L. 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. M. 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. N. 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. O. Successors and Assigns. 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. PROFESSIONAL SERVICES AGREEMENT - CHUCK SMITH/NEw TRIO PLUS, CONCERTS ON BROADWAY PAGE 4 Of 5 P. Notice. Any and all notice required to be provided by either of 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: Ow. City of Meridian Emily Kane, Deputy City Attorney 33 E. Broadway Avenue Meridian, Idaho 83642 Phone: (208) 898-5506 E-mail: ekane@meridiancity.org New Trio Plus: Chuck Smith 1625 Holden Lane Boise, ID 83706 Either party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. Any party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. Q. Warranty of authority. Chuck Smith expressly wan -ants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of New Trio Plus and each and every member thereof. Chuck Smith further warrants that he is authorized to bind New Trio Plus and its members to the obligations set forth herein, and to accept the liabilities as established herein on behalf of New Trio Plus and its members. IL 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 __a_ day of June, 2010. NEW TRIO PLUS: Chuck Smith CITY OF MERIDIAN: ,,``,,o f M •� �, '9ij, BY: Attest• Tammy 6erd, Mayor = $EAL yam, City Clerk Co' PROFESSIONAL SERVICES AGREEMENT — CHUCK SMnTI NEw TRIO PLDs, CONCERTS ON BROADWAY PAGE 5 of 5 ciwc PROFESSIONAL SERVICES AGREEMENT MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGREEMENT — MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement") is made this 6th day of July, 2010 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Tom Phelps, doing business as Kings of Swing, an assumed business name certified under the laws of the State of Idaho, whose address is 10790 W. Hickory Drive, Boise, Idaho. WHEREAS, the City desires that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the Meridian City Hall plaza during the summer; and WHEREAS, the Parties mutually desire to present, as part of Concerts on Broadway, the music of the Kings of Swing, a seventeen -piece band specializing in the performance of swing and big band music; 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. A. Performance. Tom Phelps and the Kings of Swing, shall perform for the public approximately thirty (30) swing and/or big band songs, from 7:00 p.m. to at least 8:30 p.m., on Saturday, July 17, 2010, in the plaza at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho, with one fifteen -minute break during this time. B. Sound system. If Tom Phelps and the Kings of Swing elect to electronically amplify their music or spoken announcements, Tom Phelps shall provide, set up, and operate any and all sound systems and equipment necessary to do so. C. Risers. If Tom Phelps and the Kings of Swing elect to use risers to elevate the musicians, Tom Phelps shall provide and set up such risers, and shall utilize such materials necessary to protect City facilities from any and all damage therefrom. D. Set-up. Tom Phelps shall, with the assistance of and at the direction of the members of the Meridian Arts Commission, set up risers and any sound systems and/or related equipment at 2:00 p.m. on July 17, 2010, and may rehearse and/or perform sound checks at that time. All set-up, rehearsal, and/or sound checks shall be completed by 6:00 p.m. II. COMPENSATION. A. Total amount. City shall make total payment to Tom Phelps for services rendered by Kings of Swing pursuant to this Agreement in the amount of one thousand five hundred dollars ($1,500.00). This payment shall constitute full compensation from City to Tom Phelps and/or PROFESSIONAL SERVICES AGREEMENT— TOM PHELPS/KINGS OF SWING, CONCERTS ON BROADWAY PAGE 1 of 5 the members of Kings of Swing for any and all services, costs, and expenses related to services performed under this Agreement. Tom Phelps and/or the respective members of Kings of Swing shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. B. Cancellation of event. If Tom Phelps and the Kings of Swing are present and prepared to perform at the time, date, and place, and in accordance with the terms set forth herein, City shall pay Tom Phelps in the amount set forth herein, even if the event is cancelled due to inclement weather or other unforeseen events not caused by Tom Phelps or the members of Kings of Swing. Any decision regarding whether to cancel the performance shall be made no earlier than 6:30 p.m. on July 17, 2010. C. Method of payment. Following the July 17, 2010 performance, Tom Phelps shall provide City with a completed W-9 form and an invoice for the amount of one thousand five hundred dollars ($1,500.00) for services provided, which City shall pay within thirty (30) days of receipt thereof. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Tom Phelps and/or any other payee. III. VENUE A. Plaza. City shall provide for the performance the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho ("venue"), which is an outdoor, open, public venue. Tom Phelps and the members of Kings of Swing shall be solely responsible for any and all measures necessary to protect equipment, instruments, and persons from damage due to weather and other conditions that do or may exist. B. Public venue. Tom Phelps and the members of Kings of Swing acknowledge that the venue is a public place and that all members of the public shall be invited to attend. To this end, the members of Kings of Swing shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. Kings of Swing's performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. C. City policy applies. Tom Phelps and the members of Kings of Swing shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department, and any requirements of the City Building Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting City facilities and property. D. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, the performance for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. E. Merchandising. Tom Phelps and/or Kings of Swing shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City respectfully requests that twenty percent (20%) of any proceeds from merchandise sold at the Concerts on Broadway event be voluntarily donated to the Meridian Arts Commission. PROFESSIONAL SERVICES AGREEMENT— TOM PHELPs/KINGS OF SWING, CONCERTS ON BROADWAY PAGE 2 of 5 IV. TERMS AND CONDITIONS A. Time of the essence. Tom Phelps and the members of Kings of Swing acknowledge that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree 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 breach of, and a default under, this Agreement by the party so failing to perform. B. Promotion of event. City shall promote the performance in community promotional materials and avenues, including the City newsletter, City website, Meridian Parks & Recreation Department Activity Guide, and local media and event calendars. Tom Phelps may undertake additional promotional activities at his own expense and effort, subject only to the limitations set forth herein. City hereby conveys to Tom Phelps permission to use City's name in all forms and media and in all manners, without violation of City's respective rights of privacy or any other rights City may possess in connection with its role in the production of Concerts on Broadway, except that City's logo may not be used in any manner whatsoever without the express, written consent of the Mayor's Executive Assistant. C. Subcontracting or assignment of obligations. Tom Phelps and the members of Kings of Swing shall not subcontract or assign any of their obligations under this Agreement related to or that may relate to his talent or expertise. Tom Phelps and the members of Kings of Swing may subcontract or assign obligations that do not require their artistic talent or expertise, including, but not limited to, such obligations as transport and set-up of special equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. D. Non -waiver of breach. 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. E. Indemnification. Tom Phelps and each member of Kings of Swing shall, and hereby do, 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 Tom Phelps and/or Kings of Swing, their assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. Tom Phelps and each member of Kings of Swing acknowledge that provision of the services described hereunder presents risks, some of which are unknown, and does agree to assume all such known or unknown risks. F. Waiver. Tom Phelps and each member of Kings of Swing shall, and hereby do, 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 the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. PROFESSIONAL SERVICES AGREEMENT—TOM PHELPs/KINGs OF SWING, CONCERTS ON BROADWAY PAGE 3 of 5 G. Relationship of Parties. Tom Phelps and each member of Kings of Swing is an independent contractor and is 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 Tom Phelps or any member of Kings of Swing and City or any official, agent, or employee of City. Tom Phelps and Kings of Swing shall retain the right to perform services for others during the term of this Agreement. H. Compliance with law. Throughout the course of this Agreement, Tom Phelps and each member of Kings of Swing shall comply with any and all applicable federal, state, and local laws. I. Non -Discrimination. Throughout the course of this Agreement, neither Tom Phelps nor any member of Kings of Swing shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. 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, 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. K. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. L. 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. M. 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. N. 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. O. Successors and Assigns. 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. P. Notice. Any and all notice required to be provided by either of 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: Ci1r. Kings of Swing_ PROFESSIONAL SERVICES AGREEMENT— TOM PHELPs/KINGs OF SWING, CONCERTS ON BROADWAY PAGE 4 Of 5 City of Meridian Emily Kane, Deputy City Attorney 33 E. Broadway Avenue Meridian, Idaho 83642 Phone: (208) 898-5506 E-mail: ekane@meridiancity.org Tom Phelps 10790 W. Hickory Drive Boise, Idaho 83713 Phone: (208) 327-0049 Either party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. Q. Warranty of authority. Tom Phelps expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Kings of Swing and each and every member thereof. Tom Phelps further warrants that he is authorized to bind Kings of Swing and its members to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Kings of Swing and its members. R. 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 6th day of July, 2010. EIINNGS OF SWING: m Phelps CITY OF MERIDIAN: "'' ")0 ,1// OF ME!?/,o ERI �V, JSPOR4 BY: _ Attest• Tammy t0eerd, Mayor _ 13F ,k L jayce_Jo1L City Clerk PROFESSIONAL SERVICES AGREEMENT—TOM PHELFs/KINGs of SWING, CONCERTS oN BROADWAY PAGE 5 Of 5 619 PROFESSIONAL SERVICES AGREEMENT MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGREEMENT — MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement") is made this 6th day of July, 2010 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Meridian Symphony Orchestra, a nonprofit corporation organized under the laws of the State of Idaho ("MSO"). WHEREAS, the City desires that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the Meridian City Hall plaza during the summer; and WHEREAS, the Parties mutually desire to present, as part of Concerts on Broadway, the music of the Meridian Symphony Orchestra, an orchestra specializing in the performance of classical and instrumental music; 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. A. Performance. MSO shall provide approximately forty-five (45) instrumental musicians to perform for the public approximately nine (9) classical and/or instrumental songs, from 7:00 p.m. to at least 8:30 p.m., on Saturday, August 21, 2010, in the plaza at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho, with one fifteen -minute break during this time. B. Risers. If MSO elects to use risers to elevate the musicians, MSO shall provide and set up such risers, and shall utilize such materials necessary to protect City facilities from any and all damage therefrom. C. Set-up. MSO shall, with the assistance of and at the direction of the members of the Meridian Arts Commission, set up risers, public address system, and sound or amplification system at 2:00 p.m. on August 21, 2010, for the purpose of set-up, rehearsal, and/or sound checks. All set-up, rehearsal, and/or sound checks shall be completed by 6:00 p.m. II. COMPENSATION. A. Total amount. City shall make total payment to MSO for services rendered pursuant to this Agreement in the amount of five hundred dollars ($500.00). This payment shall constitute full compensation from City to MSO for any and all services, costs, and expenses related to services performed under this Agreement. MSO and/or its respective members shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. B. Cancellation of event. If MSO is present and prepared to perform at the time, date, and place, PROFESSIONAL SERVICES AGREEMENT — MERIDIAN SYMPHONY ORCHESTRA, CONCERTS ON BROADWAY PAGE 1 of 5 and in accordance with the terms set forth herein, City shall pay MSO in the amount set forth herein, even if the event is cancelled due to inclement weather or other unforeseen events not caused by MSO or its members. Any decision regarding whether to cancel the performance shall be made no earlier than6:30 p.m. on August 21, 2010. C. Method of payment. Following the August 21, 2010 performance, MSO shall provide City with an invoice for the amount of five hundred dollars ($500.00) for services provided, which City shall pay within thirty (3 0) days of receipt thereof. Payment of all taxes and other assessments on such sums shall be the sole responsibility of MSO and/or any other payee. III. VENUE. A. Sound system. City shall provide and, with MSG's assistance, set up a sound system and amplification equipment for MSO's use. B. Plaza. City shall provide for the performance the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho ("venue"), which is an outdoor, open, public venue. MSO shall be solely responsible for any and all measures necessary to protect equipment, instruments, and persons from damage due to weather and other conditions that do or may exist. C. Public venue. MSO and its respective members acknowledge that the venue is a public place and that all members of the public shall be invited to attend. To this end, MSO shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. MSO's performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. D. City policy applies. MSO and its members shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department, and any requirements of the City Building Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting City facilities and property. E. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the venue, the performance for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. F. Merchandising. MSO shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City respectfully requests that twenty percent (20%) of any proceeds from merchandise sold at the Concerts on Broadway event be voluntarily donated to the Meridian Arts Commission. IV. TERMS AND CONDITIONS A. Time of the essence. MSO acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the PROFESSIONAL SERVICES AGREEMENT—MERIDIAN SYMPHONY ORCHESTRA, CONCERTS ON BROADWAY PAGE 2 of 5 obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. B. Promotion of event. City shall promote the performance in community promotional materials and avenues, including the City newsletter, City website, Meridian Parks & Recreation Department Activity Guide, and local media and event calendars. MSO may undertake additional promotional activities at its own expense and effort, subject only to the limitations set forth herein. City hereby conveys to MSO permission to use City's name in all forms and media and in all manners, without violation of City's respective rights of privacy or any other rights City may possess in connection with its role in the production of Concerts on Broadway, except that City's logo may not be used in any manner whatsoever without the express, written consent of the Mayor's Executive Assistant. C. Subcontracting or assignment of obligations. MSO shall not subcontract or assign any of their obligations under this Agreement related to or that may relate to his talent or expertise. MSO may subcontract or assign obligations that do not require their artistic talent or expertise, including, but not limited to, such obligations as transport and set-up of special equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. D. Non -waiver of breach. 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. E. Indemnification. MSO 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 MSO and/or its members, their assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. MSO and each member of MSO acknowledges that provision of the services described hereunder presents risks, some of which are unknown, and does agree to assume all such known or unknown risks. F. Waiver. MSO and each of its members shall, and hereby do, 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 the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. G. Relationship of Parties. MSO and each of its members is an independent contractor and is 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 MSO or any member of MSO and City or any official, agent, or employee of City. MSO shall retain the right to perform services for others during the term of this Agreement. H. Compliance with law. Throughout the course of this Agreement, MSO and each of its members shall comply with any and all applicable federal, state, and local laws. PROFESSIONAL SERVICES AGREEMENT — MER oiAN SYMPHONY ORCHESTRA, CONCERTS ON BROADWAY PAGE 3 of 5 I. Non -Discrimination. Throughout the course of this Agreement, neither MSO nor any member of MSO shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. 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, 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. K. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. L. 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. M. 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. N. 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. O. Successors and Assigns. 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. P. Notice. Any and all notice required to be provided by either of 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: Ciw. MSO: City of Meridian Meridian Symphony Orchestra Emily Kane, Deputy City Attorney David Stolhand, President 33 E. Broadway Avenue P.O. Box 1016 Meridian, Idaho 83642 Meridian, Idaho 83680 Phone: (208) 898-5506 Phone: (208) 891-2721 E-mail: ekane@meridiancity.org E-mail: david.stolhand@meridiansymphony.org Either party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. PROFESSIONAL SERVICES AGREEMENT — MERIDIAN SYMPHONY ORCHESTRA, CONCERTS ON BROADWAY PAGE 4 of 5 Q. Warranty of authority. David Stolhand expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of MSO and each and every member thereof. David Stolhand further warrants that he is authorized to bind MSO and its members to the obligations set forth herein, and to accept the liabilities as established herein on behalf of MSO and its members. R 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 6th day of July, 2010. Meridian Symphony Orchestra: avid Stolhand, President CITY OF MERIDIAN: de JDVeerd, Mayor �y °F �11w,l c? Ja cee� SEAL '-'yp �T�S�• SO��. Clerk PROFESSIONAL SERVICES AGREEMENT — MERIDIAN SYMPHONY ORCHESTRA, CONCERTS ON BROADWAY PAGE 5 of 5 -Maddion City Cotmcff AkOOW., TERRD LEASE AMENDMENT ,T14tY This THIRD LEASE AMENDMENT is made and entered into this CO day of*mc, 2010, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("Lessor') and the State of Idaho, by and through the Department of Correction ("Lessee'). (Lessor and Lessee may hereinafter be collectively referred to as `Parties.') WHEREAS, the Parties seek by this amendment to extend the term of the original Lease Agreement for Space entered into by Lessor and Lessee, on June 24, 2002, for space located at Room 103 in 1401 East Watertower Street, Meridian, Idaho (`Premises'), as modified by the July 1, 2003 Lease Amendment and the July 24, 2007 Second Lease Amendment, copies of which instruments are attached hereto as Exhibit A; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: TERM OF LEASE AGREEMENT EXTENDED. The term of the June 24, 2002 Lease Agreement for Space, as amended by the July 1, 2003 Lease Amendment and the July 24, 2007 Second Lease Amendment, shall be extended for a term of three (3) years, and, as time is of the essence, shall end at midnight on June 30, 2013. The Lessee may, at the expiration of the term of this Third Lease Amendment, and without the necessity of renewing said Lease Agreement, continue in its occupancy of the Premises on a month-to-month basis upon the terms and conditions set forth in the June 24, 2002 Lease Agreement for Space, for a period not to exceed one (1) year. The Lessor may terminate the Lessee's month-to-month occupancy upon ninety (90) days' prior written notice to the Lessee. NO ADDITIONAL PROVISIONS. The Parties agree that except as expressly modified by this Third Lease Amendment, all provisions of the original June 24, 2002 Lease Agreement for Space shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this Third Lease Amendment, shall be deemed to enlarge, limit or otherwise affect the operation of the June 24, 2002 Lease Agreement for Space or this amendment thereto. IN WITNESS WHEREOF, the Parties have executed this Third Lease Amendment on this 0' day of July, 2010. PATE OF )ss. COUNTY OF t9jet, ) I HEREBY CERTIFY that on this day of u 2010, before the undersigned, a Notary Public in the State Of Idaho, personally appeared Brent Reinke, known to me to be the person who executed the said instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. on Leasing Manager, OF MERIDIAN: de W-ev% Mayor rc Notary Public nj Department of Administration City Clerk •�OTAR J,• AUB1A •. 1, •• • o a .1 *@ OF ID Exhibit A June 24, 2002 Lease Agreement for Space July 1, 2003 Lease Amendment July 24, 2007 Second Lease Amendment THIS LEASE AGREEMENT FOR SPACE ('Lease Agreement") Is entered effective upon the date of the last required signature (the "Effective Date"), by and between CRY of Meddian- 33 est Idaho Meridian, ddabn 83Rd?-. (the "Lessor"), and 'the STATE OF IDAHO, by and through Dena ent of Carrertinn; PMhation and parole (the "Lessee"), for the leasing of that real property described below and referred to as the "Premises." The Lessor and the Lessee may be referred to collectively as the "Parties." The Parties specifically agree and acknowledge that the approval signature of the Leasing Manager, Division of Public Works, Department of Administration, is a required signature. WITNESSETH WHEREFORE, in consideration of the mutual covenants, agreements, and conditions contained in this Lease Agreement, the Parties agree as follows. 1, Lease of Pr m� isgs. The Lessor does hereby demise and lease to the Lessee the Premises situated in the City of Meridian, County of Ada, State of Idaho, known and described as follows: Room 110- in 1401 Fast WatertMor,lMgtrMeridian idahn 93642, Meridian Idaho 2. Term. The term of this Lease Agreement is Tw -tve (12) months. As time is of the essence, the term of this Lease Agreement shall begin on July 1, 20022 and shall and at midnight on .11ne 20,30_03. The Parties agree that this Lease Agreement is subject to the termination, expiration and renewal rights set forth in this Lease Agreement. The Lessee may, at the expiration of the term of this Lease Agreement and without the necessity of renewing said Lease Agreement, continue in its occupancy of the Premises on a year to year basis upon the terms and conditions set forth in this Lease Agreement for a period not to exceed five (5) — years. 3. Eaymen . The Lessee shall pay to Lessor a fixed payment for the term of this Lease Agreement in monthly installments of approximately $279LOD each. The lease payment shall be computed at a rate of $11.x0 per square foot, per year. The total square footage of the Premises is WA subject to measurement using BOMA standard, The total yearly lease payment is S21-200.00. Upon election by the Lessee to pay in advance quarterly, _ semi-annually, or —annually, the Lessor shall allow Lessee a discount of QQA percent. The lease payments shall be paid pursuant to the Lessor's timely submission of invoices for payment. Upon receipt, Lessee shall forward Lessor's invoice to the State Controller for payment. Lessor specifically acknowledges that State vouchers are processed by the State Controller, not Lessee. Therefore, any payment that is made no later than sixty (60) days after it is actually due shall not be considered an event of default. Lessee shall use its best efforts to expedite payment. It is expressly covenanted and agreed that any prepayment of rent made by the Lessee under the terms of this lease Agreement shall be considered as an advance payment of rent only and no part thereof shall be considered as a security or cash deposit. 4. Annpptance of Pramises. Lessor shall deliver the Premises to Lessee in accordance with floor plans and specifications attached to this Lease Agreement as Exhibit A, and incorporated herein by reference. Prior to or at occupancy, Lessee shall provide Lessor with a written statement acknowledging inspection and acceptance of the Premises. Anything contained in this Lease Agreement notwithstanding, Lessee's obligations under this Lease Agreement shall not commence until Lessee's acceptance of the Premises. Lessee's inspection and acceptance of the Premises are based upon what may be reasonably observed by one untrained or unfamiliar with building Inspections. At Lessee's- discretion, Lessee may have particular conditions or parts of the Premises inspected by one trained or familiar with building inspections. In no event shall Lessee's inspection, or inspection by any agent of Lessee, be deemed a waiver of any defects in the Premises. 5. NaWaste- Repais, Lessee will not commit waste on the Premises, nor will It disfigure or deface any part of the building, grounds, or any other part of the Premises, including fixtures. Lessee further covenants that upon return, the Premises will be in the same condition as originally received, reasonable wear and tear Correction, Probation and Parole - Meridian -1 excepted, Repairs, except thoactually necessitated by Lessee's waa6diisfigurement or defacement, and except for repairs required by the removal of Trade Fixtures as provided for in Paragraph 13 of this Lease Agreement, shall be made solely at the Lessor's expense. Any repairs shall be done in a workmanlike manner and must comply with all applicable odes, ordinances, rules and regulations. 6, fipnsimc and parking_ The Lessor covenants that it will provide, perform, and pay for the services, maintenance and parking as follows: A. Utilities: Domestic water and sewer. Electricity. Natural Gas. Irrigation. Local Phone Service. B. Facility Repair and Maintenance: General Building structure and related equipment (interior and Exterior). Heating system and related equipment. Cooling and air handling system and related equipment. Electrical system and related equipment. Sewer and plumbing systems and related equipment. Exterior lighting, including landscaped areas, parking area and walkway. Cleaning ground and parking area of debris X weekly. monthly _ other: Common area janitorial service X daily (excluding weekends and holidays) _ other: Trash removal from property X weekly ! other: . Fumishing of all washroom materials, including paper products, soap, cleaning supplies and equipment. Light bulb and fluorescent tube replacement. Ice and snow removal prior to start of each business day. Directory sign with Lessee name. Door sign with Lessee name. Lawn and shrubbery care weekly during season. C. Custodial Services: Complete Janitorial service X daily (excluding weekends and holidays) _ other: _ Trash removal from Premises X daily (excluding weekends and holidays) weekly _ other:.. Window cleaning X quarterly _ other. Carpet spot cleaning ,,,,-, semi-annually ,,,_, annually X as needed. Shampoo carpet Xsemi-annually _ annually _ as needed. D. Parking: A total of 2 lighted and paved automotive parking spaces (including A of which will be secured) will be maintained with adequate ingress and egress available. Handicapped spaces will be provided equal to the requirements of the Americans With Disabilities Act (ADA). 7. Special Prmriainns, a. Iazes. Lessor shall pay and discharge all taxes and assessments whatsoever charged against the Premises whether charged by federal, state, county, city or other public authority. b. l nng nirdanW Taipnhnnbarges, The Lessee agrees to reimburse Lessor for any costs incurred for long distance telephone calls made by the Lessee. c, . No other special provisions exist. g• Faik ire tn RADair Maintain Or StarvIC& In the event that the Lessor shall fail or refuse to make such repairs, perform such maintenance, provide such services, or to take any other action required of the Lessor pursuant to this Lease Agreement, Lessee shall give Lessor reasonable notice and time to cure and, failing such cure, Lessee may, at its option, make such repairs, perform such maintenance, provide such services, or take any such action, and deduct such sums expended doing so from the lease payments Correction, Probation and Parole - Meridian- 2 due to the Lessor. In the eve*at such failure or refusal prevents Lete from occupying any or all of the Premises, Lessee may deduct a pro rata sum from its lease payments equal to the greater of the monthly cost per square foot of those Premises not acceptable for occupancy or the actual cost incurred by the Lessee to secure and occupy alternate premises. Lessee's decision to exercise this remedy shall not be deemed to limit its exercise of any other remedy available under this Lease Agreement, at law or in equity. 9, Parsonal Inhay Damages, Subject to any applicable provisions of the Idaho Tort Claims Act, Lessee agrees to defend and hold Lessor harmless for any and all claims based on proven personal Injury damages suffered by public business invitees of the Lessee, provided, however, that Lessee shall have such obligation only for injuries and damages resulting from the negligent acts or omissions of employees of the Lessee and shall have no such obligation related to acts or omissions of employeds or invitees of the Lessor. 10. . Lessor hereby agrees to defend, indemnify and save Lessee harmless from and against any and all liability, loss, damage, cost, and expense, including court costs and attorneys' fees of whatever nature or type, whether or not litigation is commenced, that the Lessee may incur, by reason of any act or omission of the Lessor, its employees or agents or any breach or default of the Lessor in the performance of its obligations under this Lease Agreement. The foregoing indemnity shall not apply to any injury, damage or other claim resulting solely from the act or omission of the lessee. 11. i ISP of Pramism. Lessee shall use the Premises for the following purposes: Lessor warrants that upon delivery, the Promises will be in good, dean condition and will comply with all laws, regulations or ordinances of any applicable municipal, county, state, federal or other public authority respecting such use as specified above. Lack of compliance shall be an event of default and shall be grounds for termination of this Lease Agreement. 12. Flraor namage. A. namaga nr Uestnuetien Renlprs Pramiems tiinfit fnr 0mu an .. If, during the term of this Lease Agreement, the Premises, or any portion thereof, shall be destroyed or damaged by fire, water, wind or any other cause not the fault of Lessee so as to render the Premises unfit for occupancy by Lessee, this Lease Agreement shall be automatically terminated and at an end. Lessee shall immediately surrender the Premises to Lessor and shall pay rent only to the time of such surrender. If comparable and acceptable office space can be provided by the Lessor within thirty (30) days of the date of destruction or damage, the Lessee may elect, at its sole option, to relocate to such substitute office space and all relocation costs shall be at the sole expense of the Lessor. Rents will be continued upon occupancy at the lesser of: (i) the current lease rate; or (ii) the market rate for the substitute space. Such relocation shall be for the remainder of this Lease Agreement or any extension. B, Snme Pnrtinn Ft for Qrn ipaney, (1) Notwithstanding any other provision of this Lease Agreement, if less than fifty percent (50%) of the Premises are destroyed or damaged, and 0 that portion of the Premises may be restored within ninety (90) days to as good a condition as originally received, the Lessee may elect to continue this Lease Agreement and Lessor shall have the option to restore the Premises. Lessee shall give written notice of its intention to continue this Lease Agreement within thirty (30) days after such damage or destruction occurs. If Lessor does not elect to restore the Premises, the Lessor shall provide the Lessee with written notice of that fact and this Lease Agreement shall automatically terminate effective as of the date of destruction or damage. (ii) If the Lessor elects to restore or rebuild pursuant to the option provided in paragraph 12.6.(i), the rents otherwise due Lessor by Lessee shall be abated equal to the monthly cost per square foot of the unoccupied Premises for that period of time during which restoration or rebuilding of the Premises occurs. If the Lessee Is unable to occupy all or part of the Premises during the restoration then, at the option of the -Lasses, the Lessee may be relocated to comparable and acceptable office space and all relocation costs shall be at the sole expense of the Lessor. If such restoration or rebuilding exceeds ninety (90) days beyond the date of the destruction or damage to the Premises, Lessee may terminate this Lease Agreement without liability of any kind save payment for actual: occupancy of the Premises prior to termination. Correction, Probation and Parole - Meridian- 3 C. Prepaid RP 31, Oe event that this Lease Agreement is Wriated as the result of damage or destruction to the Premises during any period of its term for which the Lessee has prepaid rent, the Lessor shall, within ten (10) days from the date of notification of termination by the Lessee, refund the full amount of any prepaid rent not then applied to a period of the Lessee's actual occupancy of the Premises. In the event that the Lessor does not timely remit the full amount of any prepaid rent to the Lessee, the Lessee shall be entitled to collect the full amount of its prepaid rent from insurance proceeds in the manner set forth in this Lease Agreement. 13. AltPratinns, Except as otherwise agreed, subsequent to the Effective Date and during the term of this Lease Agreement and any extension, neither Lessor nor Lessee shall make any alterations, additions or improvements to the Premises without the prior written consent of the other. Any and all alterations and improvements made by Lessee shall be made at Lessee's sole expense and, subject to the exception for Trade Fixtures provided below, shall, upon termination of this Lease Agreement, and without disturbance or injury, become the property of the Lessor, and shall remain in and be surrendered with the Premises. Any such alterations, whether performed by Lessor or Lessee, must be made in a workmanlike manner and must comply with all applicable codes; ordinances, rules and regulations. Notwithstanding any other provision of this Lease Agreement, Trade Fixtures, as defined in this Lease Agreement, installed by Lessee shall, at the option of the Lessee, not become the property of the Lessor and, upon the termination of this Lease Agreement, the Lessee may remove such Trade Fixtures and return the Premises in as dose to original condition as possible, reasonable wear and tear excepted. For purposes of this Lease Agreement, a Trade Fixture is defined as personal property used by the Lessee in the conduct of its business and includes items such as, but not limited to, shelves and reception counters. 14. flefault. In the event that either party shall default in the performance of any material term, covenant, or condition of this Lease Agreement, the party not in default may at its option terminate this Lease Agreement. The party alleging default must provide written notice of said default, specifying the alleged default, and the receiving party shall have fifteen (15) business days to cure or shall Immediately provide written documentation that it is proceeding to cure the default in an expedited manner (e.g., working overtime, express delivery, etc.). Should Lessee be in default by surrendering occupancy of the Premises in some manner violative of the terms of the Lease Agreement, Lessor may reenter the Premises without affecting Its right of recovery of accrued rent therefor, provided, however, the Lessor shall exercise due diligence to mitigate any and all future losses of rent or damages that may result due to the failure of the Lessee to occupy the Premises. 15. Atifflcient Approppatron by Ustligiatige,Requimd. It is understood and agreed that the Lessee is a governmental entity, and this Lease Agreement shall in no way or manner be construed so as to bind or obligate the State of Idaho beyond the term of any particular appropriation of funds by the State legislature as may exist from time to time. The Lessee reserves the right to terminate this Lease Agreement if, in its judgment, the legislature of the State of Idaho fails, neglects or refuses to appropriate sufficient funds as may be required for Lessee to continue such lease payments. All future rights and liabilities of the Parties shall thereupon cease within ten (10) days after the notice to the Lessor. It is understood and agreed that the lease payments provided for in this Lease Agreement shall be paid from State legislative appropriatlons. 16. Accig ment by I Passe Right to Tarmi ata Lamm AoraamPnt of DiMCUnn of idabLLDEp ..�f AdmiOistratioo. The parties to this Lease Agreement recognize and agree that Lessee, as an agency of the State of Idaho, is subject to the direction of the Idaho Department of Administration pursuant to Title 67, Chapter 57, Idaho Code, and, specifically, the right of that department to direct and require Lessee to remove its operations from the Premises and relocate to other facilities owned or leased by the State of Idaho. Accordingly, It is agreed that, upon the occurrence of such event, Lessee may terminate this Lease Agreement at any time after a one-year period from the date of the commencement of the Lease Agreement as determined under Paragraph 2, provided that Lessor is notified in writing ninety (90) days prior to the date such termination is to be effective. Such action on the part of the Lessee will relieve the Lessee and the State of Idaho of liability for any rental payments for periods after time specified date of termination or the actual date of surrender of the Premises, if later. _ Correction, Probation and Parole - Meridian- 4 17, rials 14gpinta and Smplayeas of I-assea Not Persanallvyl labile. It is agreed by and between the Parties that in no event shall any official, officer, employee or agent of the State of Idaho be in any way liable or responsible for any covenant or agreement contained in this Lease Agreement, express or implied, nor for any statement, representation or warranty made in or in any way connected with this Lease Agreement or the Premises. in particular, and without limitation of the foregoing, no full-time or part time agent or employee of the State of Idaho shall have any personal liability or responsibility under this Lease Agreement, and the sole responsibility and liability for the performance of this Lease Agreement and all of the provisions and covenants contained in this Lease Agreement shall rest in and be vested with the State of Idaho. 18, Bplatina of parties_ The Parties agree and acknowledge that neither shall be considered the employer, agent, representative, or contractor of the other by reason of this Lease Agreement. 19. Naiices. Any notice required to be served in accordance with the terms of this Lease Agreement shall be sent by registered or certified mail. Any notice required to be sent by the Lessee shall be sent to the Lessor's last known address at a, Past Id h _ Marldien, Irfahn a36d2 and any notice required to be sent by the Lessor shall be sent to the address of the Premises and to the Lessee's address in Boise, i.e., P_O. Box R 372nr-Baiag� idahn 82790-001R. A copy of any such notice shall also be sent to the Department of Administration, Division of Public Works, Attn: Leasing Manager, Post Office Box 83720, Boise, iD 83720- 0072. In the event of a change of address by either Lessor or Lessee, the Parties agree to notify each other in writing within ten (10) days of the date of any such change. 20. lnsuraoce. The Lessor shall maintain an insurance policy (or policies) for the purpose of Insuring any property and liability risks regarding the Premises. Any such policy obtained by the Lessor shall be at its sole _ and absolute expense, and Lessee shall have no obligation to obtain or pay for such insurance. In the event that the Lessee shalt prepay rent in the manner set forth In this Lease Agreement, the insurance policy (or policies) obtained and maintained by the Lessor shall identify the Lessee as a named insured under the terms of the policy. Any such insurance policy shall further state that the Lessee shall be entitled to receive Insurance proceeds in the full amount of any prepaid rent prior to any distribution of insurance proceeds to the Lessor or any other third party not having an insurable interest in the Premises. The Lessor shall provide the Lessee with a copy of its insurance policy on or before the term this Lease Agreement commences. The Lessee acknowledges that its personal property is subject to coverage in accordance with state law. 21. TPrminatinn, This Lease Agreement shall automatically terminate at the end of its term unless otherwise continued, terminated or renewed in accordance with the terms of this Lease Agreement. 22, dmtirs and AsSigns. The terms of this Lease Agreement shall apply to the heirs, executors, administrators, successors and assigns of both the Lessor and the Lessee in like manner as to the original parties. An assignment of this Lease Agreement by the Lessor must be approved by the prior written consent of the Lessee, which consent shall not be unreasonably withheld. 23, hlonwabm. The failure of the Lessor or Lessee to insist upon strict performance of any of the covenants and agreements of this Lease Agreement or to exercise any option contained in this Lease Agreement shall not be construed as a waiver or relinquishment of any such covenant or agreement, but the same shall be and . will remain in full force and effect unless such waiver is evidenced by.the prior written consent of authorized representatives of the Lessor and Lessee. 24 lAndificatinn. This Lease Agreement may be modified in any particular only by the prior written consent of authorized representatives of the Lessor and Lessee. Anything else contained herein notwithstanding, modifications to this Lease Agreement shall be of no.force and effect until approved in writing by the Department of Administration, Vvision of Public Works. 25. Renewal. This Lease Agreement may be renewed by the written consent of the Lessor and Lessee provided such consent is rendered sixty (60) days in advance of the expiration of the term of this Lease Correction, Probation and Parole - Meridian- 5 Agreement. Notice of Lessorlfer to renew shall be given by the L& one hundred twenty (120) days prior to the expiration of this Lease Agreement, including any extension. Lessee will have thirty (30) days to respond to Lessor's offer. If agreement Is not reached by sixty (60) days prior to the expiration of the Lease Agreement, Lessor may lease the Premises to another party, but not on more favorable terms than offered to Lessee, without first giving Lessee ninety (90) days to accept or reject those new terms. 2e. Ash _s nc and Hanifh Hazrris, Lessor agrees to comply promptly with all requirements of any legally constituted public authority made necessary by any unknown or existing health hazard Including, but not limited to, such hazards which may exist due to the use or suspected use of asbestos or asbestos products in the Premises. The Lessor warrants that it has inspected the Premises for health hazards, specifically for the presence of asbestos, and the inspection has not detected asbestos, or if Lessor's inspection has revealed asbestos, then Lessor warrants that it has been removed or been encapsulated In accordance with current law and regulations. In the event that asbestos or another health hazard Is discovered on the Premises, the Lessor agrees to protect the Lessee and its employees and to take immediate corrective action to cure the problem. It is agreed that, in the event the Lessee is unable to continue occupancy of the Premises due to the presence of asbestos or any other health hazard, or because of any governmental, legislative, judicial or administrative act, rule, decision or regulation, the Lease Agreement may be terminated by the Lessee upon ten (10) days' written notice to the Lessor. Any asbestos abatement costs, and any other repair or renovation costs associated with asbestos or other health hazard. as well as moving costs and consequential damages, will be at the sole expense of the Lessor. 27. Nen nincriminatinn. The Lessor hereby agrees to provide all services funded through or affected by this Lease Agreement without discrimination on the basis of race, color, national origin, religion, sex, age, physical/mental impairment, and to comply with all relevant sections of: Title Vi of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; The Age Discrimination Act of 1975 and to comply with pertinent amendments to these acts made during the term of this Lease Agreement. The Lessor further agrees to comply with all pertinent parts of federal rules and regulations implementing these acts. The Lessor hereby agrees to provide equal employment opportunity and take affirmative action in employment on the basis of race, color, national origin, religion, sex, age, physical/mental impairment, and covered veteran status to the extent required by: Executive Order 11246; Section 503 of the Rehabilitation Act of 1973, as amended; Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 and to comply with all amendments to these acts and pertinent federal rules and regulation regarding these acts during the term of the Lease Agreement. 28. Handicap Aece.S,ctihiifty. Any space leased by the State of Idaho will meet or exceed standards for handicap accessibility as set out in the American National Standards Institute All 17-1, 1992; Americans With Disabilities Act, Public Law 101-336 and applicable regulations; Uniform Building Code Chapter 11; and federal regulations applicable to the occupying agency. 29, EYpnj&a Qrfifr,Q948, All buildings owned or maintained by any state government agency or entity, or which are constructed or renovated specifically for use or occupancy by any such agency or entity shall conform to all existing state codes, including but not restricted to, the Idaho General Safety and Health Standards, the Uniform Building Code, the Uniform Mechanical Code and the Uniform Fire Code. • If any conflict arises between applicable codes, the more stringent code shall take precedence. Prior to construction or remodeling of such buildings, where appropriate, construction plans shall be reviewed and approved by the Division of Building Safety and the Permanent Building Fund Advisory Council. 30. . Executive Order 2001-04 requires that long-term energy costs, including seasonal and peaking demands upon the suppliers of energy, are to be a major consideration in the construction of all state buildings and the execution of lease agreements. Special attention shall include energy conservation considerations including: (1) Chapter 13 of the Uniform Building Code, 1997 Edition; (li) use of alternative energy sources; (iii) energy management systems and controls to include effective means to monitor and maintain systems at optimal operations; (iv) "state-of-the-art" systems and equipment to conserve energy economically. 31. FwAndivA order 9nDMJ _ Executive Order 2000.01 requires that all state-owned or state -lease buildings, Correction, Probation and Parole - Meridian- 6 facilities or area occupied by so employees shall be designated as "nomoking" except for custodial care and full-time residential facilities. The policy governing custodial care and full-time residential facilities may be determined by the directors of such facilities. 32, MstArjal ganrasel3tations. The Parties agree and acknowledge that the representations and arknoiarledgments made in this Lease Agreement are material and the Parties have relied upon them in entering this Lease Agreement. 33. Rmwi bill - if any term or provision of this Lease Agreement is held by the courts to be illegal or in conflict with any existing law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be continued and enforced as if the invalid term or provision were not contained in this Lease Agreement. 84_ , The Lessor warrants that it is lawfully possessed of the Premises and has good, right and lawful authority to enter into this Lease Agreement and that the Lessor shall put the Lessee into actual possession of the Premises at the commencement of the term of this Lease Agreement and shall ensure to the Lessee the sole, peaceable, and uninterrupted use and occupancy of the Premises during the full term of this Lease Agreement and any extension. 35, . No other understanding, whether oral or written, whether made prior to or contemporaneously with this Lease Agreement, shall be deemed to enlarge, limit or otherwise affect the operation of this Lease Agreement. I NESS WHE EOF, the Parties have executed this Lease Agreement as STATE OF pp )ss.COUNTY OF Ack t ) On this 2-A ---day of •-' 2002, before me, the undersigned, 046tavpPOISll In and for said �^� �k Q— �e. �t 1�3+�+�^ �' rw, , Mown or identified to me to be the person whose State, personally a name is subscribed to the foregoing Instrument on behalf of as Lessor, and acknowledged to me that he/she executed the same on behalf of the Lessor. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my OMClSI seal the day and year In' this certificate first above written. ✓d ci. GL. &Gv+'c t�/ r •, ,� a,�w tment of Correction, Probation and Parole G e, the undersigned, a Notary Public in and for said own or identified to me to be the person whose if -of Caffadlon. prnharian and parole as Lessee, and acknowledged to me that he/she executed the same on behalf of the Lessee. Correction, Probation and Parole - Meridian- 7 7 IN WITNESS WHEREO*ave hereunto set my hand and affixed IWITIcial seal the day and year in this certificate first above written. Commission expires on APPROVED BY: Residing at _ d . Wildhagen, State Leasing Manager Date Division of Public Wb*s, Department of Administration Correction, Probation and Parole - Meridian- 8 ~ EXHIBIT A THE PREMISES / 4-49haat iNatr�rMwe�r QtrnatrMaridian 1 aha M642, Meridian. inANQ %Oon,- I/a 3 Correction, Probation and Parole - Meridian- 9 23 STAFF PARKING 23 STAFF PARKING �i �, . I I s' :. �� ' � i � k; i �;.: ,i _ _- t s � `� i` 5 ._ _ _. �' ,.. i�- )I� ' o c� �� ��� � �' t ^^I L---� E ���� ��'� 14 ; 1,� ifl .. `' � i i•, �% � � � ;fir .�. �. �....�.... •I i t t a � p i i'�. _ ^. � f I`3� ' . I_t) 1 ^4- . m W e- 019 State of Idaho DeMartment of Administration DIv1S1oII Qf Public WOIks 502 N. 4th Street PO Box 83720 Boise 1D 83720-0072 Phone 208-332-1900 FAX 334-4031 *RANSrMTTA1, DATE: June 21, 2002 Re: Department of Correction, ,Probation and Parole Meridian TO: City of Meridian CC: Henry Atencio Attn: Stacy Kilchenmann 33 East Idaho Meridian, Idaho 83642 Department of Correction, Probation and Parole �W/ENCLOSURES FROM: Linda S. Wildhagen, State Leasing Manager 208-332-1929 ENCLOSED PLEASE FIND: Copies Description 3 Lease Agreements Please have the leases signed and notarized by City of Meridian Please attach floor plan to lease as Exhibit A Please have the leases signed and notarized by Department of Correction, Probation and Parole Please amend and return Please review and affix comments These are for your files Other:Plensc ingert a .per ,r number nl'puemises in paMgMb i orthe I ace_ Return _ copies to: Lessor @ 3.1 Vag T ahn, Meridinn- Tdaho 91642 Return „_ copies to: Lessee @ E,O_ Box R3720, Rnice, Tdahn R37211,001 R Return 3 copies to: Division of Public Works, Attn: State Leasing Manager THANK You! Correction, Probation and Parole - Meridian -10 9 LEASE CHECKLIST 0 LEASE RENEWAL EASE MODIFICATION EA LEASE LEASE LIST INFORMATION: REPLACES LEASE @ AGENCY- np prtn ment of Carrar tion. PmhaNnn and Eamin TYPE OF SPACE: —AGENCY—DEPT OF LANDS _,RE$ID STATE OWNED WAREHSE _LIQUOR .,_MISC TEMP ADDRESS- Fact Watartnwar Street, Wridian Idahn I;=CI'T'Y: Meridian LESSOR: rrity of Maridian ADDRESS: MPast Id bia,.Meridian..ldaim Aft"? PHONE: ORIGINAL LSE DATE: ENDING LSE DATE: Junp-.30..2003 AMEND DATE: ESCALATION DATE. ESCALATION $: SQ. FT.: 300 BASE RENTNR: $3,300.0!?$/SQ FT: $91.W EXCLUSIONS: -A —BASE YR -,_,E J _TI _U COMMENTS: LINK TO: PERMANENT BLDG FUND LEASE LETTER: $li On (18T YR) COST PER SQ FT (EFFECTIVE) COST IF FULL SERVICE $3,%=COST PER YR ESCALATIONS: TYPE OF SPACE: _,,,AGENCY_DEPT OF LANDS _RESID STATE OWNED WAREHSE _,..,,LIQUOR _MISC _TEMP TYPE of LEASE: FULL SERVICE EXCLUDES: ELEC UTILITIES JANITORIAL NNN WAREHSE RETAIL LAND LSE RESIDENTIAL OTHER: COST RATIO LENGTH OF LEASE: PREV RATE: INCR FROM FORMER LSE: OTHER COMMENTS FOR PBF LEASE LETTER: MISCELLANEOUS LEASE INFORMATION: LEASEIPURCHASE ANALYSIS REVIEWED: NNN COST RATIO BREAKEVEN YR FACILITY QUESTIONNAIRE RECD? 5 YR FACILITY PLAN: RENT DISCOUNT: FTE: SQ FTIFTE: INCREASES ,IN RASE RENT- A001 RENI ECIR OPERATING FXPFjyi$� YEAR $ OR % OPERATING EXPENSES BASE YR: CAPS: TAXES. INSUR: CAM: CAM: AMORTIZED TENANT FINISH: OPTIONS TO RENEW. OTHER OPTIONS (CANCEL, PURCHASE, EXPAND, ETC.): SPECIAL COMMENTSIISSUES: Correction, Probation and Parole - Meridian -11 N -E --C E Q V a D J U Lvt• 8 2003 LEASE AMENDMENT URIC WoffW LEASE AMENDMENT, made and entered into this day ofc%�, 2003, by and between ft of itleridlan. 33 Rant Idaho §k+eet Mori ftri. ID J;M2 .(hereinafter referred to as "Lessor') and the STATE OF IDAHO, by and through the Department of Co on. Probation and Parole (hereinafter referred to as "Lessee"), Is an amendment of the original LEASE AGREEMENT FOR SPACE between the LESSOR and the LESSEE entered into on, for space located at Room 103 in 1401 East Watertower Street, Meridian, Idaho. WITNESSETH WHEREAS, the parties desire to amend the LEASE AGREEMENT FOR SPACE and; WHEREAS, the LESSEE Is legally authorized to enter in this amendment by power granted by Title L Chapter 67 of Idaho Code, with the approval of the Department of Administration and; NOW, THEREFORE, In consideration of the mutual covenants of the parties, the Lease Agreement for Space Is hereby amended as follows: 1. Term of Lease Agreement. The term of this Lease Agreement shall be extended for a term of 12 months and shall end at midnight on June 30, 2004. The Lessee may, at the expiration of the term of this Lease Agreement and without the necessity of renewing said Lease Agreement, continue in its occupancy of the Premises on a month to month basis upon the terms and conditions set forth in this Lease Agreement for a period not to exceed one (1) year. The Lessor may terminate the Lessee's month to month occupancy upon ninety (90) days' prior written notice to the Lessee. No AddlUgnal Provislons. The parties agree that all provisions of the original Lease Agreement For Space dated and all previous agreements, unless specifically hereby amended, shall remain in force during the period covered by the Lease Amendment. No other understanding, whether oral or written, whether made prior to or contemporaneously with this Lease Amendment, shall be deemed to enlarge, limit or otherwise affect the operation of the tease Agreement For Space or this Lease Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Lease Amendment the day and year first above written. LESSOR: City of Meridian By: Attest: SEAL _ William G. Berg, Jr. — CTty Clerk a tis 4. q �b ved. by Gift e,~4 f, 7-/-03 'Ililitltitt, Correction, Probation 3 Parole amendment 2003-1 v STATE OF IDAHO ) )ss. COUNTY OF ADA ) On this 21 day of f , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeked Robert D. Come and William G. Berg, Jr., known or Identified to me to be the Mayor and City Clerk respectively and having subscribed to the foregoing instrument on behalf of City of ftric0ann. as Lessor, and acknowledges to me that he/she executed the same on behalf of the Lessor. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year In this certificate first abo .� • Residing At: Ad. (n . M � ! Commission Expires: 14 -2t -ate.-._ LESSEE: Department of STATE OF IDAHO ) )ss. COUNTY OF ADA ) On this -24y of 003, be re me, the undersigned, a Notary Public in and for said State, personalty appea , krrown or identified to me to be the person whose name is subscribed to a fa going instn anent on behalf of Deoartrrle�t of ccommtion. Prabation and Parole. as Lessee, and acknowledges to me t{1 he ,e executed the same on behalf of the Lease.��,ZA D• Sft,p,'4% IN WITNESS WHEREOF, t have hereunto set my hand and ew�Y•s�ethe dff"ear in this certificate first a e written. Co mission expires on `)XA— Residing at�� AP OVE BY: da . Miller, Leasing Manager Date Division of Public Works, Department of Administration Correction. Probation & Parole amendment 2003.2 Maridlon City Council Meeting Judy 1, 2003 PW* 2 of 41 Corrie: Okay. Motion has been made and seconded to approve the agenda as changed, any further discussion? All those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 3. Consent Agenda: A. Approve minutes of June 10, 2003 Pre -Council Meeting: B. Findings of Fact and Conclusions of .Law for Approval: CUP 03-015 Request for a Conditional Use Permit to add a heliport with office and fueling — future landing pad and hanger on southeast comer of property in an L-0 zone for St,*LuWg Meridian Medical Center by St. Luke's Regional Medical Center — east of South Eagle Road and north of 1-84: C. Findings of Fact and Conclusions of Law for Approval: CUP 03-011 Request for a Conditional Use Permit for two 9,500 square foot retail buildings with associated site improvements in an L-0 zone for Resglyjon Subdi fton by G.L. Voigt Development — .1611 South Millennium Way and 2045 West Overland Road: D. Findings of Fact and Conclusions of Law for Approval: RZ 03- 006 Request for a Rezone of 3.41 acres from R-4 to R-8 zones for Bear CWK flo, 6 by Westpark Company — west of South Meridian Road and south of West Overland Road: E. Findings of Fact and Conclusions of Law for Approval: PP 03- 005 Request for Preliminary Plat approval of 31 building lots and 2 other lots on 10.49 acres in a proposed R-8 zone for Bear Creek No. 8 by Bear Creek, LLC — west of South Meridian Road and south of West Overland Road: F. Findings of Fact and Conclusions of Law for Approval: VAR 03-015 Request for a Variance for block length in an R-4 and R-8 zone for 82K Cmek No. 6 by Bear Creek, LLC — west of South Meridian Road and south of West Overland Road: G. Addendum to Damulm2M gf ,G9MR02ag Probation & Parole Lease for space In Meridian Police Department at 1401 E. Watertower Street: H. Rejection of AN Bids for Mg[ Qmek Restroom Prosect: Mwwlnn city counolt meov July 1, 2003 Page 3 of 41 1. Approve Bills: Come: Item Number 3 is the Consent Agenda. De Weerd: Mr. Mayor? Corrie: Mrs, de Weerd. De Weerd: There are a few corrections on Item Number B, but I believe that those could be covered within the motion to approve the Consent Agenda with the changes to a typo. Is that correct, Mr. Attorney? Nichols: Mayor and Council, yes. De Weerd: Okay. Thank you. Corrie: Okay. De Weerd: Then, I'd make a motion to approve the Consent Agenda with the corrections to Item 3-B and ask the Mayor to sign and the Clerk attest to all necessary documents. — Come: Okay. Motion has been made and seconded. Is there any other discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, absent; Nary, aye; de Weard, aye; Bird, aye. Come: Okay. All ayes. Motion is carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Department Reports: Corrie: Item Number 4 is Department Reports. Are tune any Department Reports? Item 5. (Items Moved from Consent Agenda): Item 11. AP 03-002 Appeal of Planning and Zoning Commission's Denial of Preliminary Plat 1br Sioaming Meadows tales Subdivislon by The Cutting Edge, LLC — 4379 North Locust Grove Road: Item 12. Public Hearing: AZ 03-011 Request for annexation and zoning of 11.5 +l- acres from RUT to R-8 and R-15 zones for proposed Blooming Meadows Estates Subdion by The Cutting Edge, LC — 4379 North Locust Grove Road: n V SECOND LEASE AMENDMENT THIS LEASE AMENDMENT, made and entered into this day of 2007, by and between M ulMWdian. 33 East Idaho Street, Meridian, ID 83642, (hereinafter referred to as `2.ESSOR") and the STATE OF IDAHO, by and through the Deuarhmnt of QqMgtion (hereinafter referred to as "LESSEE"), is a second amendment to the original LEASE AGREEMLENT FOR SPACE between the LESSOR and the LESSEE entered into on June 24, 2002, for space located at Room 103 in 1401 East Watertower Street, Meridian, Idaho. WITNESSETH WHEREAS, the LESSEE has been leasing from LESSOR Room 103 in 1401 East Watertower Street, Meridian Idaho on a month to month basis since June 30, 2004, the date of the end of the contract term as set forth in the LEASE AMENDMENT to the LEASE AGREEMENT FOR SPACE; and WHEREAS, the parties desire to amend the LEASE AGREEMENT FOR SPACE; and WHEREAS, the LESSEE is legally authorized to enter into this amendment by — power granted by Title 57, Chapter 67 of Idaho Code, with the approval of the Department of Administration; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the LEASE AGREEMENT FOR SPACE is hereby amended as follows: Tie .g_of Lease Aareemont. The tem of the LEASE AGREEMENT FOR SPACE as amended by the LEASE AMENDMENT stall be extended and, as time is of the essence, shall end at midnight on June 30, 2010. The Parties agree that this Lease Agreement is subject to the termination, expiration, and renewal rights set forth in the LEASE AGREEMENT FOR SPACE. The Lessee may, at the expiration of the term of this Lease Agreement and without the necessity of renewing said Lease Agreement, continue in its occupancy of the Premises on a month to month basis upon the terms and conditions set forth in this Lease Agreement for a period not to exceed one (1) year. The Lessor may terminate the Lessee's month to month occupancy upon ninety (90) days' prior written notice to the Lessee. No Additional Provisions. The parties agree that all provisions of the original LEASE AGREEMENT FOR SPACE dated June 24, 2002 and all previous agreements, unless specifically hereby amended, shall remain in force during the period covered by the Lease Amendment. No other understanding, whether oral or written, whether made prior to or contemporaneously with this Lease Amendment, slWl be deemed to enlarge, limit or otherwise affect the operation of the LEASE AGREEMENT FOR SPACE or this SECOND LEASE AMENDMENT, SECOND LEASEAMENDMENT ro LFASSAGREEMENT FOR SPACE—Page 1 -of Z'"'" IN WITNESS WHEREOF, the parties hereto have executed this SECOND LEASE AMENDMENT to the LEASE AGREEMENT FOR SPACE the day and year first above written. STATE OF IDAHO ) )ss. COUNTY OF ADA ) I 1 -0`) Date On this day of 2007, before me, the and igned, a Notary Public in and for the State of Td o, personally appeared . ]mown or identified to me to be the person whose name is subscribed to the foregoing instrument on behalf of the Department of Correction, as Lessee, and acknowledges to me that helshe executed the same on behalf of the Lessee. IN WUNESS seal the day and ye4O O of s �QTA�y r AZIgb�C APPROVED BY: I have hereunto set my hand and affixed my official rate first above written. .� ^4c Notdl Public at: ion expires: Q3� IC ' er, Leasing Manager, Division of Public Works, Department of Adminishation LESSOR: City of Meridian BY: Tammy de W96rd •��� l �0* t'��''�•','� Mayor, City of Wridian• �r Attest: 8NAL SEA ` . Cb William G. Berg, Jr. =•,��'f� r Ysc City Clerk '•,�,��� {�„{ ,'0���.�` �r�rrrrn tt mtt�t+�'� SaCOIW Clr",A�.�*,iv t"EAGREEMENT FOR SPACE = Page 2 of 2 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 07/07/10 11:32 AM DEPUTY Use Ban RECORDED -REQUEST OF IIIIIIIIIIIIIIIIIIIIIIIlIIIIII1111III Meridian City 110062946 UNDERGROUND POWERLINE EASEMENT THIS INDENTURE, made this 3� day of it n Q- , 2010 between the Meridian Dairy and Stock Shows, Inc, hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide an underground powerline easement on the property bounded and described herein; and WHEREAS, the underground powerline easement is to be used to supply power to the location of a pump house for the Split Corridor landscape irrigation system, a portion of which is adjacent to property of Grantor; and WHEREAS, it will be necessary to maintain and service said underground powerline 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 an easement for the construction, operation, maintenance, repair, replacement of an underground powerline upon the following described property: SEE ATTACHED EXHIBIT A and B, attached hereto and incorporated herein by this reference The easement hereby granted is for the purpose of construction and operation of an underground powerline, 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, said easement unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance , Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS 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. Underground Powerline Easement IN WITNESS WHEREOF, the said Grantor hereunto subscribed their signatures the day and year first herein above written. GRANTOR AND STOCK SHOWS, INC 'lam Y W,IGIATTISON, Secretary STATE OVIDAHO ) ) as County of Ada ) _ On this 30 * day of -J wVt- 20 0 before me, flu und,,iv=d, a Notary Public in and for said State, pessonallY appeared Hans Bndju and Gerry W. Mattison, known or identified to me to be the President and Secretary, respectively, ofthe corporation that executed the instrument, and acknowledged to me that such corporation executed the same. �. • • VREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ► r`SEAL) NOTARY PUBLIC FOR IDAHO �. +" • Residing at f ��_ �►�_..+ i Commission Expires: v GRANTEE: CITY OF MERIDIAN Tammy de Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) ss County of AdaI Lei— ) On this day of 20� before me, the undersigned, a Notary Public in and for said State, AMMY DE WEERD and JAYCEE H LMAN, known to me to be the Mayor and City Clerk, respectively, of the City of t ted the within insUument, and acknowledged to me that the City of Meridian executed the same. • hereunto set my hand affixed my ocud scaybe day and year first above written. #OTA*r .r•i RUB LiG Residing at'- �� Commission OF rxrWv1 Easement Personally IN EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN An easement for underground powerline purposes located in Government Lot 1, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northwesterly corner of said Government Lot 1, from which a brass cap monument marking the southwesterly comer of said Government Lot bears S 0°48'48" W a distance of 1327.07 feet; Thence S 0°4848" W along the westerly boundary of said Government Lot 1 a distance of 381.73 feet to a point; Thence leaving said westerly boundary N 89°19'51" E a distance of 582.14 feet to the POINT OF BEGINNING; Thence continuing N 89°19'51" E a distance of 23.55 feet to a point; Thence S 31 °11' 15" W a distance of 46.86 feet to a point; Thence N 88044'09" W a distance of 17.32 feet to a point on the easterly right-of-way of Main Street; Thence N 1015'5t" E along said easterly right-of-way a distance of 20.00 feet to a point; Thence leaving said easterly right-of-way S 88°44'09" E a distance of 5.75 feet to a point; Thence N 31 ° 1 I' 15" E a distance of 22.87 feet to the POINT OF BEGINNING, This parcel contains 2,064 square feet (0.02 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated June 14, 2010 yYj;:: J ���..�• y a S 0'4848 " W 1327.07' 945.34' 381.73' v Cz �o�o MAIN STREET �' �, 6 o V� �e zap iv 20.00' n (-q O Ste,• Vb ���� �l •trix zt E O � On1y� V O O o ��i�EDIAN�- Public IDAHO I Works Department TO: Mayor Tammy de Weerd Members of the City Council Mayor Tammy de Weerd Clky Coundl Mewdrens Keith Bird Brod Hoaylun Charles Rountree David Zaremba FROM: Roxanne Holland, EIT DATE: June 14, 2010 SUBJECT: TASK ORDER #10194 FOR THE EASEMENT CONVERSION PROJECT WITH RESOURCE DATA, INC. UNDER THE MASTER AGREEMENT DATED APRIL 13, 2010 FOR A NOT -TO -EXCEED AMOUNT OF $91,121.25 I. RECOMMENDED ACTION A. Move to: 1. Approve the Task Order with Resource Data, Inc., the most qualified firm, to provide GIS services to convert water and sewer easements into graphical representations, in an amount not to exceed $91,121.25; and 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Roxanne Holland, Staff Engineer (Project Manager) 489-0347 Clint Dolsby, Asst. City Engineer 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background On a daily basis, the Water Division and Wastewater Division staff are in the field doing maintenance on water and sewer lines. Often questions arise in the field regarding easements associated with the particular line being serviced. Page 1 of 3 Office staff is frequently called upon to research easement boundaries and legal features of an easement. It is important to know if an easement exists to determine if City staff has the legal right to enter onto private property. It can take several hours under the current file structure to search for specific easements. B. Proposed Project A better way of researching easements is needed. Public Works would like to create a layer in GIS that shows the geographical boundaries of an easement and also contains specific attributes of the easement with a link to the original document. This will greatly reduce the amount of time spent researching easements and allow for quicker responses in the field. It will also provide a visual location on a map in relation to the water/sewer line in question. The process to create this layer in GIS is extremely time-consuming. It is estimated that it would take at least 6 months for a full-time staff person to complete this work. Public Works does not have the personnel available to dedicate that amount of time to the project. Public Works is proposing to hire Resource Data, Inc. who specializes in GIS and data management to convert existing recorded easement documents into geometric features in GIS. The resulting dataset in GIS could be used by staff Citywide, and therefore benefits more than just the Public Works Department. C. Consultant Selection Resource Data, Inc. specializes in GIS and data management and was chosen as a consultant for projects over $25,000 from a Request for Qualifications in February of 2010. IV. IMPACT A. Strategic Impact: This project is aligned with the Public Works objective of creating a city unified mapping system for all user data. This project will expand the current mapping system and provide additional resources for both field and office personnel. B. Service/Delivery Impact: This project will help City water and wastewater staff to view boundaries of easements in the field so that they will know where the legal rights start and stop when servicing or repairing water and sewer lines. C. FiscalImMact: Project Costs Page 2 of 3 Consultant Agreement $91,121.25 Total $91,121.25 Project Funding Water Consulting (3410-55103) $91,121.25 V. ALTERNATIVES A. The City could defer the creating of an easement dataset in GIS and continue to research easements using the current file structure. This is time consuming and often difficult. B. Public Works could assign a staff member to complete the work internally. The process to convert easement documents into geometric features requires knowledge and extensive training in using GIS. Staff is limited to one person who has the training to complete this work. It would be a strain on staffs time and other projects could suffer if too much time is dedicated to easement conversion. VI. TIME CONSTRAINTS Council's approval of this project allows Public Works to hire a GIS consultant to convert easements into geometric features, creating a graphical representation of easement locations for the benefit of staff Citywide. Once the Resource Data, Inc. is awarded a contract, the project can be complete in approximately 4-5 months. VII. LIST OF ATTACHMENTS A. Task Order No. 10194 Approved for Council Agenda: Page 3 of 3 4AZJ" ate E IDIANA.--� AHO TASK ORDER NO. 10194 CITY OF MERIDIAN (OWNER) AND RESOURCE DATA, INC. (ENGINEER) This Task Order is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenant and conditions contained in the Master Agreement between the above named parties dated April 13, 2010. CITY OF MERIDIAN EASEMENT CONVERSION PROJECT PURPOSE This Task Order outlines the Engineer's approach and cost estimate for conversion of 710 scanned easement documents maintained by the City of Meridian Public Works department into geometric features digitized in an ESRI Geodatabase featureclass. Easement dates range from 1950s through to the current year (2010). The following sections outline the methodology and assumptions proposed for this project. Phase 1: Project Setup and Plan Development Task 1.1: Project Plan To begin the project, the Engineer proposes the development of a project plan that will help guide the design team and a project kickoff meeting to accomplish the following: • Introduce key members of the project team • Establish expectations • Agree on communication and reporting steps • Identification of critical success factors • Introduce current work plan and revise as necessary Task 1.2: Analysis and Requirements The Engineer will finalize analysis of the City of Meridian's functional requirements. This task will allow the Engineer to work with the City of Meridian to verify that all critical business processes and issues have been considered and all functional requirements for the conversion effort are included in the project plan. Task 1.3: Project Environment Setup The Engineer creates project environments for all projects. This ensures that all deliverables created and all working copies of the data as well as any code or documents that have been generated in support the project are created in an environment that does the following: g • Backed up nightly with a redundant offsite copy performed. • Secured with access granted to only the Engineer's project members • Allows multiple editors access to the Geodatabase along with other project files that are created for the project. Phase 2: Easement Document Conversion Task 2.1: Geodatabase Schema Design The Engineer will generate a Geodatabase comprised of a set of feature classes containing both the geometric and tabular elements needed to build an easement. This will include at a minimum: • A polygon feature class containing the finalized easements • A line feature class to contain all of the COLO lines and their descriptions used to construct the polygon easement features. The Engineer understands that each easement document location (or a reference to that location — such as a document or easement identifier) needs to be stored with each easement feature as an attribute. Task 2.2: Unit Conversion Tool The Engineer will build a simple set of unit conversion tools to expedite the legal description conversion to geometry process. An example would be converting angular units from degrees, minutes, seconds to decimal degrees. Task 2.3 — 2.6: Easement Creation Using the legal description found in the scanned easement document, the Engineer will use the COGO toolset in ArcMap to build representative geometry. The reference spatial data used will be a set of control feature classes containing at a minimum a '/4 '/4 section grid for the area containing the easements to be processed. The Engineer assumes that this data will be provided by the City of Meridian. Initial points or nodes of an easement as described in the legal description will be located based off of the control data and subsequent points or nodes will be assigned using the legal descriptions as inputs to the COGO toolset. Once the linear geometry of an easement has been captured through the COLO toolset these will be used to construct a polygon feature into the final easements featureclass after which any additional information as required by the City of Meridian will be entered into the final easements attribute fields. Phase 3: Quality Assurance Quality Assurance is an important consideration for any data development effort. The Engineer plans to create a quality assurance plan consisting of the following elements for this project: • The Engineer's GIS Analysts creating easements will check general locations against an aerial photography overlay • The Engineer will produce a count of all features created in the final easements feature class— this should match identically with the total number of easements minus those that were deemed non -locatable. • The Engineer will maintain a log of non -locatable easements, so these can be checked against the final feature count to make sure the numbers match. • The Engineer will spot check 5-10% of the completed easements for correctness —this will be done by a Senior GIS Analyst Phase 4: Project Management Successful projects are well-managed projects. Technology projects benefit from careful planning, budgeting, scheduling and communication. For this reason, we have developed a web -based project management methodology with on-line forms and templates that we use to closely manage our projects. The Project Manager's responsibilities include: • Senior analysis and problem -solving • Definition and management of the project • Communication with stakeholders and facilitation of decision making • Supervision of the Engineer's staff working on the project • Definition of team roles and responsibilities • Periodic meetings with stakeholders • Definition and tracking of tasks including schedule and resource requirements Assumptions The scope of this task order and the cost estimate provided below are contingent upon the following assumptions: • All work will proceed on a Time and Materials (T&M) Not -to -Exceed (NTE) basis. • The City of Meridian will provide a set of control feature classes containing at a minimum a'/4'/< section grid for the area containing the easements to be processed. • There are a total of 710 PDF Easement documents to be converted. • All easement legal descriptions must be legible, accurate, and relevant to current ground control and conditions, otherwise they will be deemed non -locatable. • Many easements refer to a specific monument and then consist of a survey traverse. This monument or point of beginning is required to plot the easement; if it cannot be found or located, the easement will be deemed non -locatable. • If easements are to be plotted referencing the township, section range grid and its aliquot parts, then these boundaries must be provided as well. • County of Meridian will handle data discrepancies and make the choice between conflicting data sources. • If there is no starting point for an easement (for example the referenced monument is not in the GIS), then the easement cannot be plotted and will be deemed non -locatable. COMPENSATION The Not -to -Exceed amount for the consulting services to complete this Task Order No. 10194 is ninety-one thousand one hundred twenty-one dollars and twenty-five cents ($91,121.25). It is understood and agreed by the Owner and the Engineer that when a project is based on time and expenses with a not to exceed maximum, all work on the project will cease when the not to exceed maximum is reached, regardless of whether the deliverables have been met and completed. Work will reconvene when Owner approves additional budget. See the attached Cost Proposal and Easement Creation Estimate Explanation for a detailed breakdown and explanation of this amount. The hourly rate for services and direct expenses are per the Master Agreement, and by this reference made a part hereof, and are copied here for reference as follows: • Project Manager/Senior Analyst: $110/hr • Senior GIS Analyst: $90/hr • GIS Programmer/Analyst: $75/hr CITY OF MERIDIAN CONSULT, B ._ BY: ` TAMMY EERD, MAYOR I?,F Dated: - - IO Dated: Approved by City Council: (`c) t*W„ Attest OO/q F-- o ; J E L. LMAN, CITY CLERK SEAL Approved,as to t ,9 BY: KEIT , P R S AGENT ''�i����rrrrrrr►+++ Dated: 7— L — / 0 Dated: 61, 6116 PRESIDENT h Cost Proposal The following table illustrates the cost breakdown for each task. Estimates are based on 2010 Engineer standard rates for a GIS Programmer/Analyst ($75/hr), a Senior GIS Analyst ($90/hr) and a Project Manager/Senior Analyst ($110/hr). Some of the easements conversions will be a mix of analysts (senior vs. regular), so a blended rate of $82.5/hr was used for these. Please note that this cost estimate is provided for project planning purposes only and all work will be billed on a time and materials basis with a not -to -exceed amount of $91,121.25 without further approval from client, therefore task and total project completion cost(s) could be somewhat higher or lower than those listed in this table. Please note that estimates contained in this table are based on the estimate calculation algorithm explained in the next section and are provided here for very rough project planning purposes only. Final costs might be higher or lower than those outlined below. Table 1: Cost Estimate Phase and Tasks I Hours Rate Cost Phase 1: Pro ect Plan and Requirements Analysis 1.1 Analysis and Requirements 1.2 Protect Setup _ . _ 1.3 Protect Plan 20.00 90.0 $1,800.00 $270.00 $1,100.00 3.00 90.0 10.00 110.0 __ Phase 2: Easement Document Conversion 2.1 Feature Class Schema Design _ -. _. 2.2 Unit Conversion Tool 2.3 EasyEasement Conversion Total- _ - -- 33.00 20.00 --------- 20.00 133.50 90.0 90.0 75.0 $3,170.00 - $1,800.00 $1,800.00 $10,012.50 2.4 Moderate Easement Conversion 284.00 82.5 $23,430.00 2.5 Difficult Easement Conversion 333.00 90.0 $29,970.00 2.6 Non -locatable Easement Conversion 7.50 82..5_'._.____$618.75 Total 798.00 _ $67,631.25 Phase 3: Quality Assurance 3.1 Quality Assurance Execution - _-- Total 50.0090.0 50.00 _ $4,50_0.00 $4,500.00 Phase 4: Project Management 4.1 Project Management (General) 89.00 110.0 $9,790.00 $6,030.00 $15,820.00 4.2 Standup/Status Meetings 67.00 90.0 Total 156.00 Totals - All Phases Total 1 1037.001 1 $91,121.25 1 Easement Creation Estimate Explanation In order to evaluate cost, the Engineer grouped easements into the difficulty of ascertaining their location and geometry which is split into 4 categories — easy, moderate, difficult and non -locatable. Each category is then assigned a time range estimate for completion. Finally, the Engineer estimated the percentage of documents that will be in each category of the 710 known PDF easements. The percentage of easements failing into each category was based on a random sampling of 30 easements that were examined and categorized by a Senior GIS Analyst into one of the 4 categories shown below. Table 2: Estimated Easement PDF Breakdown Category Time % Explanation Easy 30-45 30% The initial point is easy to locate and the legal description is minutes easy to decipher and has little complexity Moderate 45-80 40% The initial point may require more in-depth investigation and minutes interpretation of the legal description to locate and potentially require additional sources aside from the Ada County parcel dataset to locate. The legal description is vague or increasingly difficult to decipher and or may contain more complexity. Difficult 80-150 25% The initial point is exceedingly troublesome to locate and minutes requires the use additional sources of information to locate. The legal description is complex and very difficult to decipher. Non- 15-20 5% The initial point cannot be located or the description is entirely Locatable minutes too complex or vague to build the geometry. y CLERKS OFFIM L ACTJON f 'AWdian City C ouncil M"tfng ddian City Couundi M09009 eddien City Oxwell GATE; My 6, 20'10 ITEC 1 R: ESA PROJECT NUM R: 1Tit TiITIE, Continued Public Hearing from March a 2010: VAR 08-008 Meridian and Amity by Hawkins Companies Located at the Northwest Corner of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Variance to UDC 11.3H-4 Which Prohibits New Approaches From Directly Accessing a State Highway to Allow 2 Right -in Right -Out Access Points {Appro)(mately 660Feet From the North and South Intersections) and 1 Right -in / Right -Out, Left -in Access Point of the 1/4 Mile to State Highway 64 / Meridian Road MEETING NOTES CLERKS OF 10E FMiAt AC77ON MeddVan City Counci! A DATE: July 6, 2410 ITEM .!!UMBER: $B ITEM TITLE: Continued Public Hearing from March 2,2010: AZ 08-005 Meridian and Amity by Hawkins Companies Located at the Northwest Corm of W. Amity Road and S. Meridian Road, South of Harris Street: Request for Annexation and Zoning of 73.10 Acres from RUT in Ada County to R-15 (Medium High Density Residential) (5.68 Acres), L- 4 (Limited Office) (3.22 Acres) and C -C (Community Business) (30.72) -and C -G (General Retail and Service Commercial) (33.47 Acres) Zoning Districts MEETING NOTES, CIXRKS OFMCEPWIL ACTT At DATE: E4MLED TO SENT TO SENT TO NOTES INI'T'IALS STAFF AGENCY APPLICANT Meda nn City Cotweif Utea#ng DATE:. July 6, 2010 ITEM NUMBER: PROJECT R: IM TITLE: Continued Public Hearing from June 22, 2010: TE 10-016 Trilogy Subdivislon by Conger Management Group located 4325 W. Chinden Boulevard: Request for Approval of an 18 Month Time Extension to Obtain the City Engineer's Signature on the First Final Plat MEETING" NOTES CLERKS OFFICE FWAL AC770N QED T©' $ENT TO SENT TO DATEQED MEWY ` APPLICANT Mahn City Co undl DATE: July 6, 2010 ITEM R: �p PROJECT, NUMBER.', ITEM TITLE: Public Hearing: VAC 10-005 The Courtyards at Ten Mile by Truce, LLC Located at Southeast Corner of Ten Mile- Road and Pine Avenue: Request to Vacate the Public Access 1 Utility Easements Platted on Lots 4, 5 and 7; Block I MEETING NOTES C1XRKS OFRCE FERAL ACTION Moddion City Cound Meridian City Coum! Mooring DATE: E-MAILED TO $ENT TO SENT T© NOTES RaT1ALS STAFF AGENCY APPLICANT