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HomeMy WebLinkAbout2012-03-27~~ivl E IDIAN~- IDAHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, March 27, 2012 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 Tim Pusey of Valley Shepherd of the Nazarene 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of March 13, 2012 City Council Workshop Meeting B. Amended Nampa-Meridian Irrigation District License Agreement for the Fivemile Creek Pathway, Segment H1 at Pine Avenue C. Change Order No.2 for Meridian Road & Main Street Split Corridor - Ph.2 Utility Improvements Design to Civil Survey for the Not-To-Exceed Amount of $39,149.36 and Authorize the Mayor to Sign and City Clerk to Attest D. Real Estate Purchase and Sale Agreement City of Meridian (Buyer) and Mountain West IRA, Inc. FBO Mark K. Bottles (Seller) for the Purchase of Approximately 17.57 Acres of Land Adjacent to City Owned Property on W. Cherry Lane, East of McDermott Road Moved off of consent to Item 6 E. Assignment of Master Agreements from CH2M HILL, Inc to CH2M HILL Engineers, Inc and Authorize the Mayor to Sign the Assignment Letter Dated 12/21/11 Meridian City Council Meeting Agenda -Tuesday, March 27, 2012 Page 1 of 2 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. F. Approval of Beer, Wine & Liquor License Renewals for 2012- 2013: 6. 7 8. Famous Dave's BBQ Wingers An American Diner Chili's on the Border Baja Fresh Mexican Grill The Cigarette Store 127 Club Rosauers Food & Drug Applebee's Ram Restaurant Beef O'Brady's Epi's Basque Restaurant 3510 N. Eagle Road B/W/L 1701 E. Fairview B/W 3004 N. Eagle Road BIW/L 1440 N. Eagle Road B 200 E. Fairview B 127 E. Idaho BIVV/L 2986 N. Eagle Road B/W 1460 N. Eagle Road B/W/L 3272 E. Pine B/VV/L 1505 S. Eagle Road B/W/L 1115 N. Main BIW Items Moved From Consent Agenda Item 5D Moved off of consent to this item. Approved with Conditions Action Items A. Public Hearing Continued from December 20, 2011: AZ 11-003 King Property by Dexter King Located at 1195 W. Overland Road Request: Annexation and Zoning of 8 Acres of Land within an R-8 Zoning District Continued to September 18, 2012 B. Public Hearing: TEC 12-005 Arch Rock Subdivision by Mason & Standfield, Inc. Located East Side of N. Linder Road, Approximately 800 Feet South of W. McMillan Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat Approved Department Reports A. Clerk's Office: Public Request Received by James Fuhrman to Address City Council Regarding Various City Concerns and Issues 9. Future Meeting Topics Adjourned at 7:24 p.m. Meridian City Council Meeting Agenda -Tuesday, March 27, 2012 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council March 27, 2012 A meeting of the Meridian City Council was called to order at 7:03 p.m., Tuesday, March 27, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Brad Hoaglun and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Rich Dees, Bruce Chatterton, Mike de St. Germaine, Tyler Rountree, 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: Thank you for waiting for us. We are a couple minutes late, but welcome to the City Council meeting. For the record it is Tuesday, March 27th. It's 7:03. Madam Clerk, will you, please, call roll. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. Tonight we will be led in the pledge by Preston Kindrick. He is with Troop 168 with Meadow Grass Ward. I will turn this over to our young Boy Scouts,. (Pledge of Allegiance recited.) De Weerd: Preston, I do have a City of Meridian pin that I would like to present to you and thank you for leading us today. Thank you. Rountree: Thank you. Item 3: Community Invocation by Tim Pusey of Valley Shepherd of the Nazarene De Weerd: Item 3 is our community invocation. Tonight we will be led by Pastor Pusey with Valley Shepherd Nazarene Church. If you will all join us in the community invocation or take this an opportunity for a moment of reflection. Thank you for joining us. Pusey: Thank you. Let us pray. Heavenly Father, we pause before the business of this meeting begins to seek your blessing upon our community and specifically upon our city leaders. We ask that your wisdom and your peace and your grace would reign over Meridian City Council March 27, 2012 Page 2 of 11 each. person in this room tonight and may the decisions made this evening be for the ultimate good of the people of our community. Thank you, Father, for those who are willing to serve our community in this way. Thank you also for your many blessings in each of our lives and upon -- your blessings upon us as a community. We ask, Lord, that you would teach us what it means to love you with all of our heart, with all of our soul, with all of our mind, with all of our strength and to love and to treat our neighbor the way in which we would want to be loved and treated. We ask this all in your name, amen. De Weerd: Pastor Pusey, thank you for setting us off in the right direction. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple of items to note on tonight's agenda. We are going to move Item 5- D on the Consent Agenda to Item 6 and under Item 7-A, the applicant is requesting to continue this item until September 18th, 2012, since they are out of town. So, with those changes, Madam Mayor, I move adoption of the agenda as amended. Rountree: 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 carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of March 13, 2012 City Council Workshop Meeting B. Amended Nampa-Meridian Irrigation District License Agreement for the Fivemile Creek Pathway, Segment H1 at Pine Avenue C. Change Order No.2 for Meridian Road & Main Street Split Corridor - Ph.2 Utility Improvements Design to Civil Survey for the Not-To-Exceed Amount of $39,149.36 and Authorize the Mayor to Sign and City Clerk to Attest E. Assignment of Master Agreements from CH2M HILL, Inc to Meridian City Council March 27, 2012 Page 3 of 11 CH2M HILL Engineers, Inc and Authorize the Mayor to Sign the Assignment Letter Dated 12/21/11 F. Approval of Beer, Wine & Liquor License Renewals for 2012- 2013: Famous Dave's BBQ 3510 N. Eagle Road B/W/L Wingers An American Diner 1701 E. Fairview B/W Chili's on the Border 3004 N. Eagle Road B/W/L Baja Fresh Mexican Grill 1440 N. Eagle Road B The Cigarette Store 200 E. Fairview B 127 Club 127 E. Idaho BIW/L Rosauers Food & Drug 2986 N. Eagle Road B/W Applebee's 1460 N. Eagle Road B/W/L Ram Restaurant 3272 E. Pine B/W/L Beef O'Brady's 1505 S. Eagle Road B/W/L Epi's Basque Restaurant 1115 N. Main BIW De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: As noted 5-D has been removed from the Consent Agenda and will be dealt with separately. I move approval of the Consent Agenda and the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as changed. Madam Clerk, will you call roll. Roll call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda D. Real Estate Purchase and Sale Agreement City of Meridian (Buyer) and Mountain West IRA, Inc. FBO Mark K. Bottles (Seller) for the Purchase of Approximately 17.57 Acres of Land Adjacent to City Owned Property on W. Cherry Lane, East of McDermott Road Meridian City Council March 27, 2012 Page 4 of 11 De Weerd: Item 5-D was removed to be considered under Item 6. I will go ahead and ask for Mr. Nary's comments. Nary: Madam Mayor, Members of the Council, I think we are ready to recommend approval of the real estate agreement subject to a new condition that we'd like to include in the motion and that condition would be that the Mayor can sign and Clerk can attest after the seller signs the agreement with the additional condition that the easement on the property be -- or the easement on the property be negotiated to be moved from its current location to a location -- a different location in the future as needed by the city, either to the east or the west of the current location of the 50 foot easement and without the need to subdivide the property in the future. So, with that conditional language you could approve the agreement as -- subject tonight and the Mayor could sign if that gets taken care of. De Weerd: Thank you, Mr. Nary. Council, any questions? Bird: I have none. Rountree: I have none. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve the real estate purchase between Meridian and Mountain West IRA with the conditions as stated by the attorney. Zaremba: Second. De Weerd: I have a motion and a second to approve this item. 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 carried. MOTION CARRIED: ALL AYES. Item 7: Action Items A. Public Hearing Continued from December 20, 2011: AZ 11-003 King Property by Dexter King Located at 1195 W. Overland Road Request: Annexation and Zoning of 8 Acres of Land within an R-8 Zoning District Meridian City Council March 27, 2012 Page 5 of 11 De Weerd: Item 7-A was requested to continue until September 8th. Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we continue Item 7-A, public hearing for AZ 11-003 until September 18th, 2012. Hoaglun: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. B. Public Hearing: TEC 12-005 Arch Rock Subdivision by Mason & Stanfield, Inc. Located East Side of N. Linder Road, Approximately 800 Feet South of W. McMillan Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat De Weerd: Item 7-B is a public hearing on TEC 12-005. I will open this public hearing with staff comments. Friedman: Thank you, Madam Mayor, Members of the Council. This is the second Council level time extension by the applicant for the Arch Rock Subdivision. It's located on the east side of Linder Road just south of McMillan. It's a 26 lot single family attached development that received its original approval in 2007 and they have had one staff level time extension and one Council time extension since then. They have requested one more time extension. The property changed ownership, so we have a new owner there and they are getting ready to move forward, I believe, and do something. Staff has reviewed this and recommends approval with three new conditions. Two of those conditions relate, again, to our new warranty surety requirements from Public Works and Land Development and the third would be that since these are going to be attached residences, that they would be subject to certificate of zoning compliance and design review and our design review guidelines. So, with that we would recommend approval. We did receive written testimony from the applicant's engineer Scott Stanfield. He is in agreement with the conditions in the staff report. Mr. Stanfield is also in the audience tonight if you have any questions. Meridian City Council March 27, 2012 Page 6 of 11 De Weerd: Okay. Thank you, Pete. Council, any questions for Pete? Bird: I have none. Rountree: I have none. De Weerd: Any comments? Stanfield: Madam Mayor, Members of the Council, Scott Stanfield with Mason Stanfield Engineering out of Nampa and glad to be here this evening. I'm getting here a little bit more and more, so, hopefully, that's a good thing. At least I think it's a good thing. Just real quick, nothing's changed on the project, other than the owner, and the owner's desire to move ahead. We have updated the construction plans and they are currently out to ACHD and the City of Meridian. They were originally approved a couple years ago by both entities, but, of course, the standards have changed, so we have had to modify the plans slightly and get those approved from both those agencies within a week or two and start construction on the infrastructure right away. And that's pretty much a quick summary. Stand for any questions. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: I have none. Thank you, Scott. De Weerd: Okay. Thank you. Stanfield: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to offer testimony on this item? Okay. Seeing none, Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would move that we close the public hearing on Item 7-B. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7-B. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? Meridian Cily Council March 27, 2012 Page 7 of 11 De Weerd: Mr. Rountree. Rountree: I move that we approve Item 7-B, TEC 12-005 for the extension for Arch Rock Subdivision. Bird: Second. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 7-B. Rountree: And, Madam Mayor, that would be with the staff's comments. Bird: Yeah. Zaremba: Second agrees. De Weerd: Very good. If there is no further discussion, Madam Clerk. Roll call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 8: Department Reports A. Clerk's Office: Public Request Received by James Fuhrman to Address City Council Regarding Various City Concerns and Issues De Weerd: We are on Item 8-A, which is a public request from Mr. Fuhrman to address the City Council on some various city concerns. Mr. Fuhrman. And I think the staff probably told you that you will be allotted five minutes. Fuhrman: I didn't hear that, but we will -- we will try to make it. De Weerd: Okay. Thank you. Fuhrman: Anyway -- because, otherwise, I probably would ramble just a little bit. Zaremba: Name and address. De Weerd: I'm sorry, if you will state your name and address. Meridian City Council March 27, 2012 Page 8 of 11 Fuhrman: Oh. My name is James Fuhrman. I live at -- you want my address? De Weerd: Yes, please. Fuhrman: 1950 East Redwick, Meridian, Idaho. De Weerd: Thank you so much. Fuhrman: Okay. The -- this -- this request came just because of the hassles that have happened. I have -- I'd like to ask you -- you don't have to -- I don't want you to answer, but do you have any idea how long you could park a trailer along side the road in Meridian? Does 72 hours seem logical? Does two hours seem logical? Would it seem logical that you could park a trailer along side the road for 72 hours if the code enforcement officer told you that? Well, unfortunately, I found out that Meridian has an ordinance that says you can only park a utility trailer alongside the road for two hours. The code enforcement officer did tell me 72 when it was parked on private property and I asked them why they even cared about my trailer when it was on private property. But that's only part of the situation, because I got this citation June 22nd of last year. I thought it was very unfair when I got it. I walked out to the city police department and said I'd like to say that this is not fair. What can I do about it? Basically they gave me the same officer that had talked to me earlier about the 72 hours and she said there is nothing you can do. I didn't tell you 72 hours. I didn't -- you know, I just didn't do that. And what can I do about it? Well, you can go -- you can leave and we will send you a summons. Well, dad gum it that's irrigating. But I went through the process. I got to go to court today. That's how long the process took before I could even get there. You know, I think Meridian ought set up something, because if you -- if somebody out here has a parking ticket, if they go to the bank and they park in a parking spot and they -- then they leave, they go -- they come back an hour later to go to lunch, the people give them a ticket, how in the heck do you contest it? You have to go -- go to summons -- you have to -- you know, nobody goes. Why did I go? I mean it was a 35 dollar ticket. How much have I spent, you know, fighting the stupid thing. Why would I do that? Well, the only reason I did it was because about five years ago a code enforcement officer in Meridian on city letterhead wrote a letter to the county code enforcement person about a piece of property that I owned out here at 720 Franklin and all hell came down, because of that. They made me kick out my tenants. It took me two years to get the use of my property back. Now I can finally use it for what it was. We have code enforcement officers. I think the last time I checked there was five of them and what are they doing? Are they trying to help us? They weren't trying to help me. Now, what I -- what was my main concern when I did that. I was upset that the city had spent four million dollars trying to save something on this building and I'm going -- and I can't get anybody's attention, but, well, I will stand up here tonight and say that I believe you're going waste another two million dollars on the appeal by the time you get this thing appealed and when you get done I do believe the judge is probably going to tell you that, geez, you guys didn't bring up anything new, this is just a rehash. You lose. But, you know, that's -- that's why I -- that's why my trailer was parked along side the road, just to see if anybody had any -- you know, if I could get enough attention, but not very Meridian City Council March 27, 2012 Page 9 of 11 many people care. So, there we go. Now, the code enforcement officer that told me 72 hours, when they went to court today I tried to get them to admit that they had never said that, because I have a tape recording of them telling me I have 72 hours. Now, that's -- I don't know whether that offends you people or not. If I was sitting there it would offend me, because those people are out there giving me a citation. How many other citations are they giving and, then, lying to the people? I don't know. But I have that tape recording. I was going to take it to court today, but I didn't, because I'm going my truck -- my trailer was still parked for two hours. I was still going to probably lose that ticket. But when I went to court today what happened? Now, first of all, when I had to go to court it kind of offended me, because I know that the city has four attorneys at least and I thought I was going to get up and at least be able to meet them in court. I couldn't do that, because you guys sub out your trials to the city of Boise. So, I got the city of Boise attorney that I went to. De Weerd: Mr. Fuhrman, I'm sorry, can you just summarize what, because -- you know, time flies when you're having fun. Fuhrman: I didn't realize I only had five minutes until you told me that, by the way. Anyway, I went to court when they -- when they -- when the prosecution was done at court the judge was so upset that he didn't even let me put my case on at all, he told -- he told the defense -- I mean he told the prosecution that they had lost. They hadn't. presented the case. He looked at the law of the City of Meridian and said who wrote this? This is terrible. He said you -- to get -- to prove that somebody did this stuff you have to prove this, this, this, this and this. You people need to look at that stuff and see what happens in the court when it gets there, because they don't -- I mean if they go to -- the only -- the reason everybody has to pay is because it's so time consuming to even fight it, because I got this ticket on June 22nd. Never did anything to stall the process at all, got to go in front of the court today because of a -- of a ticket for nothing. Thank you. De Weerd: Mr. Fuhrman, could I ask you a question? So, I know you said that you had a question for us and I'm trying to find the question within your statement that you just made. Is your question about our parking ordinance or can -- I just would like to get a clear understanding of what -- what you're asking of the City Council. Fuhrman: Well, the biggest thing that -- they need to look, because that judge said that the ordinance that I was cited under was no good. He says it's got -- he says who wrote this? It's got too many things that the people have to prove and all I'm saying is, you know, I got to bring up one of four things that I wanted to bring up on this -- De Weerd: Okay. Fuhrman: -- you know and all I'm saying is I'm pretty sure that what I -- what I was going to tell anybody tonight was not going to make a hoot. Now, if somebody wants to listen to the tape recording that I have of the code enforcement officer that, basically, told me I had 72 hours and, then, cited me for two and told me they didn't tell me that, Meridian City Council March 27, 2012 Page 10 of 11 why I recorded it that day I don't know, but I had my tape recorder and I did it and it made it so -- it offended me so bad that I took it clear to the court. De Weerd: So, what ordinance are you referencing? Fuhrman: The one I was cited on. What the heck one was it? 7-2-5. 7-2-5. De Weerd: Well, certainly, if we have an ordinance that is not consistent, if -- if the judge made a comment on it certainly we need to take a look at it. Fuhrman: But can't -- but it looks to me like you should be able to do something else. I mean that people wouldn't have to go through -- I mean because nobody else fights those tickets, you know. If I hadn't got that code enforcement officer that cost me 50,000 dollars for, you know, 2,500 dollars a month for two years that I couldn't rent my place, I would have never done this and I'm going -- because everybody that gets a citation they pay the 35 dollars, guilty or not, because who is going to take nine months to get to court, you know. Is that fair? It doesn't seem fair to me. There is five code enforcement officers, can't they be heard? Hoaglun: Madam Mayor? Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Yeah. I agree. I think we will take a look at that ordinance, see what the judge had to say about that at this time. We can certainly do things and beyond that I don't think there is -- there is anything else that we could do and we certainly don't have control of the court system and how long they take before they hear cases, so I appreciate you bringing our ordinance to our attention and we will see what the judge had to say about that and take it from there. So, thank you, sir. Fuhrman: Thank you. Item 9: Future Meeting Topics De Weerd: Okay. Counsel, we are on Item No. 9, future meeting topics. Any topics for future agenda items? Rountree: Madam Mayor, it sounds like we have an ordinance to talk about, but other than that I can't think of anything. De Weerd: Okay. Most certainly ask Mr. Nary to bring that back at our next workshop. Nary: Madam Mayor, I already sent this to the prosecutor to ask what happened from the court today, so that we can bring that back to the Council and let you know. De Weerd: Okay. And so we will hear that on April 10th if that works for you, Mr. Nary. Meridian City Council March 27, 2012 Page 11 of 11 Nary: Certainly. De Weerd: Okay. Anything further from Council? Okay. Oh, I'm sorry. Council, I would entertain a motion to adjourn. This is just so early. You guy really lucked out. You're getting the badge today? You picked the right meeting. Rountree: Madam Mayor, I move we adjourn. Bird: Second. De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:25 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~~~ 3 I 1 MAYOR T DE WEERD DATE APPROVED ATTE T: o~~~~ A~c~~~ CE OLMAN, CITY CLERK "~~'°f ~ E IDi~~ ,. IDAH~3 ~ ~ ~~ ~~ ~+'' ~ti~ A ~ Nr~$ ~ f ~~~~~ the 7R~ Changes to Agenda: Item #7a: King Property Annexation: The applicant is requesting continuance of this item until the September 12, 2012 Council hearing. Item #7b: Arch Rock (TEC-12.005) Application(s): - Preliminary Plat Time Extension Size of property, existing zoning, and location: This site consists of 4.78 acres, is currently zoned R-8 & R-15, and is located at 4550 N. Linder Roatl on the east side of N. Linder Road, south of W. McMillan Road. Summary of Request: The applicant requests approval of a 2 year time extension on the preliminary plat in order to obtain the City Engineer's signature on the final plat. This is the third time extension requested by the applicant. Council did not include any new conditions of approval with the previous time extensions. The approved preliminary plat consists of 26single-family building lots & 3 common lots on 4.78 acres of land. Since the last time extension, the UDC has been amended to require the property owner to post a performance surety with the City in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature and post a warranty surety with the City in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for a duration of two years. Additionally, the proposed project will have attached homes which requires certificate of zoning compliance (CZC) and administrative design review (DES) approval. Staff recommends these new UDC requirements be included as conditions of approval of the current time extension request. Written Testimony: Scott Stanfield, Applicant's Representative (in agreement w/staff report) Outstanding Issue(s) for City Council: None Staff Recommendation: Approval (until February 27, 2014) Notes: Meridian City Council Meeting DATE: March 27, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of March 13, 2012 City Council Workshop Meeting MEETING NOTES A ~~ -G Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 27, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Amended Nampa-Meridian Irrigation District License Agreement for the Fivemile Creek Pathway, Segment H 1 at Pine Avenue MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~ _~ To Jai to ~J---f ID ADA COUNTY RECORnER Christopher d. Rich AMOUNT .00 f BOISE lDA}i0 04104ti2 01:36 PM ` DEPUTY Lisa Balt ~~~ ~~~1~~I~~~~[~~~~~~~~i~~~~~~~~~~ ~~~ R~C4RDED-REQUEST OF f i^c~30857 Nampa Meridian Irrigation ADDENDUMI T~ LICENSEACI~FFM~NT e ltered into this ~ day of ADDENDUM[ TO LICENSE ACREFMIENT, lllade and ~ .~ ,,S ZOl ~, by a~~d between NAMPA & MI1~l~IDIAN IR~tIGATI~N DIS~'RICT, a!1 irrigation district organized and existing under and by virtue oftfle laws of the Slate of Idaho (Distric#}, and tl~e CITY d C~I+ MERIDIAN, 3~ East Idaho, Meridian, Idaho 83G~7 ~Licellsee}, is made with reference to the follo~vil~g facts; T'11e District alld Licensee entel-ed into a cel•tain License Ag!•eelllent dated January 1 ?, 20 12, I-ecol•ded as lnsrrulllent No. l 12005 1 S, Reco~•ds ofAda County, Idaho pursuant to a certain Mlaster Patl~tivay Agreenlellt dated Decel~lber 19, 2000, l•ecorded as Inst!•unlent No. 1 Oa t ?999, Recoc•ds of Ada Co~lllly, Idaho. The p~ll•pose of the License Agreeme~~t is to permit Licensee to perfarn7 CQllstrUCtloll 4~: (a} a l~edestriail pathway parallel to t17e Five M1ile Drain alld ~vlt11117 the Dlstl•ict?s easenletlt fi•o111 r'ine Avenue to ~~•adley Avelluc within the District's real property andlor easen~e~lt for said cll•~lin; ~b}gates and fences across al~tl wlt1111i the Dtst!•ict's easement for the Flve M Ile Draill; aid ~c} extend the culvert where the rive Mile Drain dosses fine Aven~~e alld construct and install the pedestl•ian pathway across tl~e Five Mile Drain, all within Me!•idian, Ada County, 1dallo. Licensee nou- represents to the District that Licensee desires to mod ify slid amend said License Agl•eemel~t to aplarove alld permit Licensee's request fio no longer exteild the existing culvert, but to ~1ow replace the el7tire e~istii~g cul~-ert with 3G feet of 72" CMIP, whel•e the Five Mile brain crosses Pipe Avenile ~~ncl within the District's easen7ellt for the Dive Mile Drain. Execution of this adtlelltl~In1 in ~lccordallce with ti~ese f~lcts will affect or change the terms of said License Ag~•eement. NC~1, 7'I-IEREFDRE, fat' ai7d lIl consideration of the premises and of the cavellants, agl•eel17el1ts ~tnd collclitio~Ys hereinafter set forth aild those set forth in the License Al;reenlent i•efel•red to above milling the p~ll•ties llereta ~ls parties, the parties agree as ~l"ollotivs: 1. Said License Agreelllellt !s l~ereUy ~mellded to lpprove alld per•t11it Licensee to l•Cpl~ice the existin~~ 7?" corrtl4ated metal pipe c~Ilvert with a~ fleet of 72" CMP culvert within tl~e I~ ive M Ile Drain where 1' ive Mlle DI•ain crosses Pine AveI~Ele allcl witl~ill tl~e District's easement for the Five Mile Draiil ~tl1e l~!•io~• col~stl•tictial of a 9 foot extension to tl~e Five Mile Di•~lll1 i5 no longer autl~a!•ized alld Licensee's pedestri~ln p~~tltlvay evil l l~o~~- cross tl~e Five 11~(ile Drain ~vllere tl~e I1ew cu lvert is installed} and all covena~lts, agreenlellts anal col7tlitions of said Licel~se Agreement shall apply to Licensee's installation and replacement of the l~ipelctElvel•t. Tl1e colistruction described ill this Addendum shall be in accordance with those portions of ADDENDUM TO l..ICENSE AGREGMFNT -1'AGF I certain plans attached Hereto as Exhilait D-l and by this refe~•ence made a part hereof. ~. Const~•uction of tl~e facil ides authorized by tli is Addendum steal l be completed one year fi-oi» tl~e date of t11is Addendum, Tine is of the esse~~ce. 3. Said ~,icer3se Agreement ~s hereby affir~~led and shall remain in fi~li force and effect except as modified by this Addendun~. Iicensee ack~~o~vled;es and abiees that it is bound by t~~e covenants, conditions and a~~'een~ei~ts co~~tained in said l~ice~~se Aa~'eemeilt. ~. Tl~e Licensee agrees to pay reasonable attor»ey fees and recording fees for preparation and recording of this Addend~~~~1, 5, The COVenai]tS, Coi~d~tloil5 al]Cl a~l'eelllelltS C~lltalned lle~'ein a~~d in said License Agree~l~e1~1 shall cof~stiliite covenants to i'~~El with, aid rl~nninb witl~, all of tl~e lands ofLieensee desc~'ibed i~~ Cxhibit ~~ ol's~~id License Aareen~ent, and sl~all be billdina on each of the parties llei'eto a~~d oil all parties and alf persons claiming ender the«~ or either oftl~en~, and tl~e advantages l~ereof sl~all inure to tl~e benefit ofeach o~ the parties hereto and thei~• ~•ospectiti-c sc~ccessors and asslg~~s, 1N w1TNESS wHCR~Or, tl~e District and Lice~~see lave hereu~~to .caused their names to be subscribed as oftl~e day aid year l~e~'ein fi~~t above ~vritten. 401 t~iRj~~'~ ~FFICIAl. ~ a .~~~. ~~ ATTGST: ~dN ~~`~~ ~.~~~~- i!s Secretary NAM PA ~ M Cltl DIAN 11~RIGATI~N DISTRICT I3y ~~/' ~^ ~ , lts Preside~it CITY or M E1~I DIAN ~°~'~~ ~~s~~ ATTEST: ~° ~'~ ~ City of ~nAfio • ~~ y ~~ ~~ ~ ~1DDEI~DUM T(J LICENSE AGREEMCNT - I~AGC .~ ~+~~ ~n~~s s~rA~rE or IDAI-~~ } } ss: County of Canyon ~ r an this ,~ day of ,,,~, X012, befo!•e !r-e, the undersigned, a Notary Pubiic i~l al~cl for said State, personaiiy appeared C[into~~ C. Pine and I~are~l R, Coon, known to !ne to be the P~•esident anti Secretary, ~•espectively, ofNAMPA ~: MEn[DIAN IRR~GA~`I~N DISTRICT, the irrigation district that c~ecuted the foregoing il~str•~rr~~erlt and acknou+ledged to 1~1G that such ir!•lgat~otl dlstl•ict e~eClrt~d tl~e sallle. [N ~l[TNESS 1~[-IEREC?P, I have hereunto set my band and affixed my official seal, the day Elul year in this certificate first above ti~~r•itten, o9~~Qaooaaeaod¢~ r ~ o~ ~46~~ n~ ~ ~~ V ~~+ ~~, o°d ~' a1`a'°'°oacopo°`l~~ t~ r Obi ~ a '~~QI~ Y ~~D~ ~~ a o (~ 0 ~~~ 0 ' ' n ~+ - a tV Q °a~ °aQ ~~~~'' Sao '`~ a a a° ~Q` : ' STATE ~[~' II~AI-ID } Q°'s~~~'°avoaaQ°G ~ , , P~~~~ j G ~ 1,`~ ~~ Cour~t}~ of } NotaiyPublic or Idaho Resiclil~g at ~~,.~[' , Idalla . r My Conlrnissiorl E~pi~•es, ~ {.. ~,,.~..~~-~ ~ ~` U ~Il this ~-~ day of ~,,,. , X012, before 111e, the llilder'slgned, anotary ~~~l~~Iic i» ar~d for said state, pe~•so~lally appeared ~ ,known to 111e to be the ~~~a~ of 1.~~.vt t~.~ ,the entity at e.~eculed the foregoing irlstr~lme~lt, arlcl ~1C[ino1~1'[L'Clged t0 [lie that Strc11 G1ltity e?~GGIl~Gd the same. IN FITNESS 1~I-IERE~F, I Dave hereunto set ~~ly hand a~ld affixed any official seai,the day al1cl near in this certificate first above ~~-ritten. r ~~. ~~~~~~~ ~~ ~ ~~ r7~~ . ! I~w ~C~ ~~ ~ ~"• SST Jig ~ `~~a ~'~ ` R fJ,{'S ~ Y ~ ~~ ~ t E C~ .r t r ~, t ~ ~3 .~ t 1 ~ j w w No Pub! or ~~~_ l~esi ing at ~~, t~,;L . My C01111111S51or1 Exlarres: can ~ ~~1~ A>aDENDUM TU LICENSE AGREEMENT ~ Pi iV~ B~ocl~ 13~~ & ~3~, ~sfrnnafed Sfart and ~'inisll bates The prapased tivorl: is anticipated to start lvlarch 2012 and be complete by April 20 i ?. . ~3loclc Z0. TyI~e,ll~afe~•~a~ and A,n~ounf l3e~ng ~l~sc~~a~•ged ~ielo~v flee O~~dirla~~y ~~~gl~ w~1fC1' Il~at'lt, ~Il ~u~IC ~~~'dS "i"l~e pr•eviousl}r permited type, material and amount being discharged below the ordinary l~igl~ water mark, I n CE113iC yal'ds is a5 follows: ~ 1 } T}'pe l Aggl•egate = ~ ~ Cub1C yaI'ds ~2} C~Ilvert beddilig = G cubic yards ~l°I~e reprised perli~itted type, mate~•ial and amount being discharged below the o~•dinal•y- hlgh ~vater mark, i~1 cl,rbic yartls is as follows: (1 } Type 1 aggregate = 28 c~rbic yards ~?} Culvert bedding ~- 2c1 cubic yards ~;} i?ip Rap = i2 cubic yards .~~oelt ~~~~, Atltle~~dum Qveral~ ~esc~•i~f~ot~ ~.0 D~SC~r~'T~~N ~~' AD~E~DUM The pr.u•pose o4'tllis addendum is to document project eiel~lents that have cl~~nged since Issuance of Per•I»i1 No. i~wVl~-2411-25~-803. At il~e beginning of construction for tl~e pel'Il~itted culvert extensia~, tl~e cor~tractor exposed tl~e existing 7~" culvel•t and it vas detel•I~~ir~ed that the existing culver~~ has significalitly deteriorated. As a restllt, the l~I'aject is proposing to el~tirely remove tl~e existing culvert and replace it with a Itew 72'' cr.rlvert. The project is proposing the follp~~rillg changes from the previar.~sly approved permit; • Rel~nove the existil~g 72'> corrugated metal pipe culvert, incl~lding excavatio~i recl~~iretl for removal and placement of a new ctllvert. • Place pipe bedding r~~aterial• • In lieu of extending tl7e existing 72" pipe c~tlvert 9 feet to the west, eI7tII•ely replacc the existing 72" corrugated metal pipe. The ne~v culvert ~vill be 3~ feet il~ total length, tivhicl~ extends the ul~streal~~ end of tl~e culvel•t ~' to tl~e east to r•edr.rce slo~rghir~g of tl~e existil~g slopes, • lalace Type l aggregate backfill aI•otrl~d the new pipe. • Place ripl•ap material at tl~e upstrear~~ feast}end of tl~e I~etiv culvert. f.Yr}' rf•,l~~c~r'idrrrrr 1~rr~~rr~ilc~ C'rc?c~k !'t~rl~~r~crt~ S'c~gra~c~~rr !!1 .Jvrrrt : Ipplicrrrrol~,~i~r• Nc~r•i,~rrs : tt"lcterrrlrrr~~ rti'a, ! !'r•r~jet7 r1'a. !t~! ~~! Sh~~cjr ! r1'? ~~h~.'~i •~ 8~ ? , loage ? . ~ flock ~~b. Revised Desc~•ipfion of Ac#ivities Tl~e previously perl~~itted type o~'activities are stilt valid. Tl~e items in bold :•eflect tl~e revised detailed c[escriptian of eacl~ individual activity and are as follows: 1 } Place BMl''s, erosion a~1d sediment control n~eas~lres ?) C[eari~~g and ~ruE~bing 3) Reprice tine ciisting culvert, using beau}~ macl~il~ery to lo~ve~' cttlvert into creel: ~} Pl~~ce Rip Rap material alone the upst~•can~ opening 5} Place #ill over c~llverC, construct asphalt pathway ~31oc1~ fib. xnlpacts to Stx•ea~~, ~.ive~', Lalce, Rese~•voi~• Name of UVaterbody Seasonal or Perennial Ave. Stream 1Ndith across ~~~} Description of Impact Impact length ~lF} FivemileCreek Seasonal 35 culvertforpedestriancrossing 3~ I~ej-isecl P~•o,~ect ~ef~il Figu~•e The attached Sheet AD1 of 1 sl~a~vs tl~e proposed c~~lvert extension. '['leis sheet replaces Sheet ? oi'? in the approved perm it~ C'rlr caf ~llc~l~irJtula l~lti'c~t~rilc' ~'r'c'E'!~ !'f~!l~tt'fll' Sesrrrc~rl! !•!1 ,larrr~.~1~l~lic'uriorr,frir• 1'~.~rrrrils,~+dtlerrrlrr~rr 110.1 ~}r~Jfc~Cllvrl. !Ul.i~ $!-c't~1 ? c~/'? ~xhi;oi~ ~~~ ~ page 2 rn x ~ A m Iax ~ a~ ~- -~{ ~°~~ N4 z rocs ~ ~z I+~o ~-~ zm y aQ~ zo c zo ~ mc~ °'~zn~ ~ ~ ~a ~ Wo ~ rN ~ ~ D~ '~DAmr CI ~C) ~ _ '~1 pN ,~C m~ ~`~ ~T~TZ r2 ~r G~ poobp ~~ ~ ~~ ~~~ '~ ~IT ~ zC` D'r ~~ mom ~`d ~ ~~ ~~~ 1 ~ 1~ 4 r h '' yc,~~; ~ -n N ~ w1 J a ~~ '1 ! ~ ~ ' o ~ N r ~''• , n ~ ~ ~... i , ~ ~ ,: ~ ~ i .,. ~ f ~r/~~ ~`~ . `.~~ i r '~' 1 I '~~ ~ 1 ~ 71yi W i i` , jit y~ t f.• /~~~ 1 j~1, 1 ~~, rn ~; ~ ~ , : ~ .;. ~ ~. ~••" ~ fix? ~ ,, ~ ~~ ~ ~ f ~ I ~ ~ ~ - ~ ~1 ~ ~~ :, ~~~ ~ ~ ~ ~ ~ ~~ ~~ ~ o~~ ,. ~, r rz ~~r~ ~, ~ d ~ s .,: I ~x x ~ p~ ~ WI ~m j~0 ~ ~ ~ I ,C ' r I ~ r~ ~ I~D?C } ~, •~~•• ti I ~~ z i' ;• I ~ I m I ' I I r Fivemile Creek Culvert In~tallati~n NW~Y No.~~~~~254~SO3 City of Meridian Fivernile Creek Ada County, Idaho Sheet A~1 of ~ 03/~8/~~ ~xhi~a i t D- ~ , page 3 Meridian City Council Meeting DATE: March 27. 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Change Order No.2 for Meridian Road & Main Street Split Corridor - Ph.2 Utility Improvements Design to Civil Survey for the Not-To-Exceed Amount of $39,149.36 and Authorize the Mayor to Sign and City Clerk to Attest MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Roxanne Holland, Jacy Jones Date: 3/22/12 Re: March 27"' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the March 27 City Council Consent Agenda for Council's consideration. Approval of Change Order No. 2 to Task Order 10005 Meridian Road & Main Street Split Corridor - Ph. 2 Utility Improvements (Design) to Civil Survey Consultants and authorize the Mayor to sign for the amount of $39,149.36. Recommended Council Action: Approval of Change Order No. 2 and Authorize the Mayor to sign for the Not-To-Exceed amount of $39,149.36. Thank you for your consideration • Page 1 CITY OF MERIDIAN 33 EAST BROADWAY AVENUE MERIDIAN, ID 83842 CONTRACT CHANGE ORDER Change Order No.: 2 Project Number: 10005 Date: 21812012 ETleclive Date: 21812012 CONTRACTOR: Civil Survey Consultants PROJECT: Meridian Road & Main Street Split Corridor - Ph. 2 Utility Improvements (Design) The Contractor Is hereby dlrectetl to make the following changes from iha Contraq Documents and Plans. Desclptlon: Design changes, additional design, potholing, meeting attendance, services during construction $19,574.88 to 349095000 $79,574.6e to 359095000 Reason for Change Order: ChangeMcrease In scope of work Attachments: Request tram Civil Survey CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Odginal Canlract Price: $74,450.00 Original Contract Completion Date: Original Contract Com letlon Days: Net changes form previous C.O.'s.: Net Days change lorm previous C.O.'s: No. ], to 1 No. 0 to 0 $32,236.00 Contract Price Prior to this C.O.: Contract Completion Date before this C.O.: $106,686.00 Nel Increase (decrease) al this C.O.: Net Days Increase (decrease) of this C.O.: $39,149.36 Contract Price with all Approved C.O: s: Contract Completion Date with all Approved C.O.'s: $145,835.36 RECO M M ENDED: (PROJ E MANAGER) C T ACCEPTED (CONSULTANT) ~ - ~} O ~ ~ . Ry' ~ O "" ey: (,.(~ PAZ ~ I Date: Z Date: a~~/ a 3 APPROVED: (CRY PURCHASI GAG gp qU NCIL APPROVAL ~ ` ~,, ~ a7 ao~a- ey: I<eltn wens D , ¢, Date: 3/ ! 3 ~ ~ CJtyof Date: M SFAI, J y By: Mayor Tam Weerd 'fr~~ BYq Clerk, Jaycee H n Date: ' !~ 'r n, nrA ~ -~ / ,. Glenn K. Bennett, P.L.S. President Timothy A. Burgess, P.E. Vice President Roxanne Holland, E.I.T. Civil Survey Consultants, Inc. 1400 E. Watertower Street Suite 100 Meridian, Idaho 83642 City of Meridian 33 E. Broadway Avenue, Ste. 200 Meridian, ID 83642 Re: Meridian Road and Main Street Split Corridor Phase 2 -Additional Services Task Order No. 10005 Dear Roxanne: (208)888-0312 Feu 888.0323 February 6, 2012 During the design phase of this project we were asked by City staff to modify our original scope of services and to provide the following additional services: • Pothole. the existing water main in Meridian Road north of Fairview Avenue. Contractor cost was 2 holes at $322.50 per hole = $645. • Pothole the existing water main in Meridian Road and Fairview Avenue intersection and the Meridian Road and Main Street intersection. Contractor cost was 2 holes at $850 per hole = $1,700. • Reimburse ACHD consultant for revisions to the storm drain design in Meridian Road north of Fairview Avenue. Revisions were requested to accommodate the design of the new sewer main in Meridian Road. ACRD consultant fee was $2,600 • Prepare and provide pdfls of the construction plans for the City's use in meeting with potential construction inspection consultants. • Prepare and provide a separate construction cost estimate for all work within the Meridian Road and Fairview Avenue intersection and all work north, east, and west of the intersection. • Review streetlight plans for conflicts with new sewer and water improvements. Work included revising plans and relocating several new fire hydrants and water meters to avoid conflicts with new street lights. • Revise standard 2" water meters to be modified 2" water meters. Work included revising plans, specifications, and construction cost estimate. Plan revisions include designing a standard detail and relocating all meters to within public right-of-way. • Design commercial sized sewer and water stubs to the northwest corner of Meridian Road and Fairview Avenue. Work included revising plans, specifications, construction cost estimate and meeting with City staff to discuss the possibility of serving entire property with a sewer stub off Meridian Road. • Abandon three water services at the southeast corner of Meridian Road and Cannel Drive. Holland Page 2 of 2 February 6, 2012 • Add water meters to two islands the public right-of--way as requested by Meridian Development Corporation. Work included revising plans, specifications, and construction cost estimate. • Send letters to 40 property owners advising them of the City's intention to provide sewer service stubs to their properties and give them the opportunity to comment. Follow up work included responding to phone calls from property owners and providing explanations of planned sewer and water construction. • Design a diversion structure for the sewer main at the intersection of Meridian Road and Main Street. Work included revising plans, specifications, and construction cost estimate. • Revisions to sewer and water design based on ACHD's addition of a storm drain main on King Street. Work included revising plans, specifications, and construction cost estimate. • Revisions to sewer and water design based on ACHD's modifications to the storm drain design in Fairview Avenue. Work included revising plans, specifications, and construction cost estimate. • Revisions to sewer and water design based on ACHD's modifications to the storm drain design in Meridian Road at Carmel Drive. Work included revising plans, specifications, and construction cost estimate. • Design a fiber optic conduit and applicable junction boxes in Meridian Road from Franklin Road to Carmel Drive. Our original scope of services does not include construction services and we have been asked by City staff to modify our scope of services to include the following services: • Attend a prebid meeting at ACHD. • Attend a preconstruction meeting at ACHD. • Eight onsite visits during construction as requested by the Contractor or City staff. We are requesting $39,149.36 to cover the additional services. The revised total contract amount will be $145,835.36. A copy of our current rate schedule has been attached. The current construction cost estimate is 1,495,616.00. Sincerely, CIVIL SURVEY CONSULTANTS, INC. ~~~~ Corey Peacock, P.E. enc. - ~ C Glenn K. Bennett, P.L.S. President Timothy A. Burgess, P.E. Vice President Labor: Project Manager Chief of Surveys Project Engineer 1 Project Engineer 2 Design Engineer 1 Design/Survey Technician 1 GPS Survey Crew Direct Expenses: Civil Sulvey Consultants, Inc. 1400 E. Watertower St. Suite 100 Meridian, Idaho 83642-7786 CIVIL SURVEY CONSULTANTS CITY OF MERIDIAN RATE SCHEDULE EFFECTIVE JANUARY 1, 2012 - $ 123.30 per hour - $ 123.30 per hour - $ 123.30 per hour - $ 115.10 per hour - $ 88.90 per hour - $ 78.50 per hour - $ 145.00 per hour (208)888-03I2 Fax 888-0323 Vehicle* - $ At Federal Rate Outside Printing - $ Cost Long Distance Telephone - $ Cost wikh actual phone bill documentation Sub-Consultants - $ Cost * No charge for mileage if project is within 20 miles of CSC office. ~o E N' Q N, '~.• N d ~ ~ d °~ o ~' "~ ~ O ~; D u. ~ 2 c •~ ~3°''~ _-p 11J; 'c V ~ ~ ~ Z ~ ~ m E ~ w '~" ' N ~ ~_ m ~ C p ~ ~ a~ G Q c ~ a ~ 5 o ~ ~ ~ ° L~ a M U ~~ ~g W 0 ' W W ~8 '> ~ ~~ ° M r r ~ t.- ~ i ~~~ M ~ ~~ . fA `" + ~ ~ ~ n ~ ~ i . Itf . o -, ~ ~ L 2 ,. j `' C I $ u ;o ~ ~ ; ~ ~ _ ~ ~ a „ ,,; ~= - o ~ ~ ~ c ~ 5 F: ~ ' g Y SF ; ~ ~ m A C T ~ s ~ °m T m. *K ~#~ ~} ~ ~;. 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W 3 c oa ~.Oy ~ o fnDo• ~ m G~m-~ ~a _"o $ sum c ~ ro A m m m c_ c m g -~ ro z_ 3~ m A z c o~~ ro s N 3 ~.vm o.~ o•% nvroi~Za- a,0pc'o roDAZO ~y~romOQroy N ~ O ~ ro~ o, O Z ~r1 7 f/1 Rl D Ul O O O- ro a~°< m ~ ~ -+. _.~~ ~sOXCD m ~'a,~ As,~GS X o a ro m e ro m ro Oro o X p ~ y f .< ~ vSi"~ vcpy %OZ3 m ArAi7D ~'d ~ mo ~•c w ~ a ooh' m pro N ~ o ~ "~ m ~ A m Z ~ ~ ro m ~+ ~ ~ ~< ~ m m m --I m o_ `° ~ O ro a p c m o n o ~' ~~ o = m cn ~ V A -I ~ ~ S v m m y ~x- o,~' ~ O~G~ m ~Om a3 o fCnvi ~ m `.° m ~ o m' ~ ci 0 fO-~~' o m -ir ro Ohm ~ cs-++Zn~ o. m >> c M y m c ro~~{ n rom m < c ro 0~ n y. m > > &`i 3 ~ ~ _' 3a~ 3 OCR m O > > mo•Aro ro n --~ a a• 4. ro co ~?~ ~ ~ cos o-o~mCp op ro o3oi d oroo ~ `~• d T ~ ~ ~ a ~ in A Z ~ m A ~ o ~ O o- ~ ~ -* o~ o w l s ao--i O O y a m .°- m s c s `~ m m s. c= ~° a m p Z ~ m o o y o `~ m o m c m c `~ m ~ v o. ~~ ~ Z ~ Z~ ~ 3 v = ~ c ~ m voi c s m~% C A O c v z~ °- a o ? v ~~° s~ ~~ mo ro w ?mo 0 ro m 2 y m °c m m~ oroi o o. ~ o. m~ 3 3~ Z c c O 01 ~ O ~ N C y~ ro C ro d N O N ~ N W C ro O' N ro N n° m' o O m o ~ 3~ ~ ro a m c ~ rn `7 ~ o°i W ° m co w m ~ o g o a A ~ ~ S c m c ~ Vi n ~ 7' d ~` ~ ~ ro ro N O 3 O ~ X ~ 7 D r. o ~ ~ m `-° m 3 ro 3 z ~ o ~ m ~n m n ro ~ a n m ro w z 1 s y d N m 0 c,; g!! m ~: ro"' 3; O' N" s ro co ?< ~' 7 r 5 ro Vl 0 ro, ~` fD li: O".:, k N N' (' CHANGE ORDER NO. 2 TASK ORDER 10005 SCOPE OF SERVICES: • Pothole the existing water main in Meridian Road north of Fairview Avenue. • Pothole the existing water main in Meridian Road and Fairview Avenue intersection and the Meridian Road and Main Street intersection. • Reimburse ACHD consultant for revisions to the storm drain design in Meridian Road north of Fairview Avenue. Revisions were requested to accommodate the design of the new sewer main in Meridian Road. Prepare and provide pdfs of the construction plans for the City's use in meeting with potential construction inspection consultants. • Prepare and provide a separate construction cost estimate for all work within the Meridian Road and Fairview Avenue intersection and all work north, east, and west of the intersection. Review streetlight plans for conflicts with new sewer and water improvements. Work included revising plans and relocating several new fire hydrants and water meters to avoid conflicts with new street lights. • Revise standard 2" water meters to be modified 2" water meters. Work included revising plans, specifications, and construction cost estimate.. Plan revisions include designing a standard detail and relocating all meters to within public right-of-way. • Design commercial sized sewer and water stubs to the northwest comer of Meridian Road and Fairview Avenue. Work included revising plans, specifications, construction cost estimate and meeting with City staff to discuss the possibility of serving entire property with a sewer stub off Meridian Road. • Abandon three water services at the southeast comer of Meridian Road and' Carmel Drive. { - Add water meters to two islands the public .right-of-way as requested by Meridian Development Corporation. Work included revising plans, specifications, and construction cost estimate. Send letters to 40 propetty owners advising them of the City's intention to provide sewer service stubs to their prope1ties and give them the opp01tunity to comment. Follow up work included responding to phone calls from propetty owners and providing explanations of planned sewer and water construction. • Design a diversion structure for the sewer main at the intersection of Meridian Road and Main Street. Work included revising plans, specifications, and construction cost estimate. Revisions to sewer and water design based on ACHD's addition of a storm drain main on King Street. Work included revising plans, specifications, and construction cost estimate. Revisions to sewer and water design based on ACHD's modifications to the storm drain design in Fairview Avenue. Work included revising plans, specifications, and construction cost estimate. • Revisions to sewer and water design based on ACHD's modifications to the storm drain design in Meridian Road at Carmel Drive. Work included revising plans, specifications, and construction cost estimate. • Design a fiber optic conduit and applicable junction boxes in Meridian Road from Franklin Road to Carmel Drive. Attend apre-bid meeting at ACHD. • Attend apre-construction meeting at ACHD. • Eight onsite visits during construction as requested by the Contractor or City staff. Meridian City Council Meeting DATE: March 27, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Assignment of Master Agreements from CH2M HILL, Inc to CH2M HILL Engineers, Inc and Authorize the Mayor to Sign the Assignment Letter Dated 12/21 /1 1 MEETING NOTES ~,,np~~tivs %o IV Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CH2M H0.L 322 East Fronl30eet t CH2MHILL saaezoo Boise, Iaala 33>oz 7.1206.34559[0 Fas 206345.5315 December 21, 2011 Mr. Keith Watts Purchasing Manager 33 East Broadway Suite 106 Meridian, ID 83642 SUBJECT; Request to amend the Agreements between CH2M HILL, Inc, and the City of Meridian to assign the Agreements to CH2M HILL Engineers, Inc. Dear Keith, In late 2010, CH2M HILL senior management made the decision to restructure our approach to delivering U.S. Federal and Non-Federal projects. Today, the firm conducts business in both U.S. Federal and Non- Federal (commercial) markets, and until now, a significant portion of our Non-Federal business has been housed in the same legal entity that was set up to satisfy the heavily regulated U.S. Federal market. It made good business sense to separate out those businesses into two corporations for both legal and management reasons. In ZO31, we are working with our commercial clients to assign their contracts to align existing projects to the correct legal entity. In your case, this means moving the multiple City of Meridian agreements from CH2M HILL, Inc. (federal) to CH2M HILL Engineers, Inc. (commercial). As required by Section 8, Assignment, of the January 2007 and multiple April 2010 Master Agreement for Professional Services, this letter is to request your written consent to assign the current contracts listed below from CH2M HILL, Inc. (INC) to CH2M HILL Engineers, Inc. (CHE). The effective date of these assignments will be February 25, 2012. • January 2007 Master Agreement for Professional Services (current, no termination date) • April 2010 Master Agreement for Electrical Engineering -Water and Wastewater Control Systems and SCADA System Design and Programming Services- 7A (current through 9/30/2012) • April 2010 Master Agreement for Environmental Engineering -Reclaimed Water Program Devebpment and Design Services - SA {current through 9/30/2012) • April 2010 Mater Agreement for Environmental Engineering- NPDES Stormwater Consulting; Environmental Assessmente for NPDES Permitting; Wetlands Delineation Services - 8B (current through 9/30/2012) When these contracts are reassigned, CHE will assume all of the rights and benefits under the Master Agreement, though the liabilities and obligations remain with INC, thereby resulting in no change to your degree of protection in accordance with the terms of the Agreement. CHE will ensure the following upon the effective date of the assignment: • There will be no change In personnel assigned to your project. • There will be no interruption in continuity of service. • All contractual obligations will continue to be delivered and satisfied. Fow.Dce Please indicate your consent and approval for assignment of these contracts to CHE by signing in the space below and emailing an executed copy back to my attention at: mark.bowen@ch2m.com. Should you have any questions about this assignment please do not hesitate to contact me. Please include any new supplier information requests that you may require from CHE and we will respond promptly. Anew W-9 for CH2M Hill Engineers, Inc. was provided on December 19, 2011. Sincerely, CH2M HILL En ' eers,Q~c~~^ Mark Bowen The City of Meridian hereby consents to and approves of the assignment of the Agreements from CH2M HILL, Inc. to CH2M HILL Engineers, Inc. City of Meridian Name: Title: IJ1o~Jov, C~ of h{Grtd~ar. Date: Marsh ~~ ~ ~clo CH2M H"' '--'----- '-- Signatu~ Name: Title: Date: IoAxO \^~. SBAI, '`q, BE Meridian City Council Meeting DATE: March 27, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: 2012-2013 Beer, Wine, Liquor License Renewals Famous Dave's BBQ 3510 N. Eagle Road B/W/L Wingers An American Diner 1701 E. Fairview B/W Chili's on the Border 3004 N. Eagle Road B/W/L Baja Fresh Mexican Grill 1440 N. Eagle Road B The Cigarette Store 200 E. Fairview B 127 Club 127 E. Idaho B/W/L Rosauers Food & Drug 2986 N. Eagle Road B/W Applebee's 1460 N. Eagle Road B/W/L Ram Restaurant 3272 E. Pine B/W/L Beef O' Brady's 1505 S. Eagle Road B/W/L Epi's Basque Restaurant 1 115 N. Main B/W MEETING NOTES ~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Beer, Wine & Liquor License Renewals for 2012-2013 Approval by City Council on Tuesday, March 27th, 2012 DBA LOCATION B/W/L Famous Dave's BBQ Wingers An American Diner Chili's on the Border Baja Fresh Mexican Grill The Cigarette Store 127 Club Rosauers Food & Drug Applebee's Ram Restaurant Beef O'Brady's Epi's Basque Restaurant 3510 N. Eagle Road B/W/L 1701 E. Fairview B/W 3004 N. Eagle Road B/W/L 1440 N. Eagle Road B 200 E. Fairview B 127 E. Idaho B/W/L 2986 N. Eagle Road B/W 1460 N. Eagle Road B/W/L 3272 E. Pine B/W/L 1505 S. Eagle Road B/W/L 1115 N. Main B/W Meridian City Council Meeting DATE: March 27, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 27, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Real Estate Purchase and Sale Agreement City of Meridian (Buyer) and Mountain West IRA, Inc. FBO Mark K. Bottles (Seller) for the Purchase of Approximately 17.57 Acres of Land Adjacent to City Owned Property on W. Cherry Lane, East of McDermott Road MEETING NOTES m ~ ~~ ~ ,N/G„iE'i'~.7 Community Item/Presentations Presenter Contact Info./Notes Purchase and Sale Agreement COLLIERS PARAGON, LLC DRAFT Date March 2012 1. City of Meridian an Idaho Municipal Corporation. hereinafter called ("Buyer"), agrees to purchase and Mountain West IRA Inc. FBO Mark K. Bottles, hereinafter called ("Seller'), agrees to sell the following described real estate, hereinafter referred to as ("Premises.") 2. PREMISES ADDRESS AND LEGAL DESCRIPTION. The property commonly known as 17.57 +/- total acres, County of Ada State of Idaho, identified as Ada County Tax Assessors Parcel Numbers: 51204346615. S1204346850. and 51204346715 and legally described as set forth in the attached Exhibit A (subject to Title Company's confirmation). Buyer and Seller authorize the Escrow Agent (as such term is defined in Section 5) to make corrections to the legal description at their request. The failure to have a full or complete legal description shall not render this Agreement void. 3. REPRESENTATION CONFIRMATION. Colliers Paragon. LLC is representing the Buyer in this transaction. Check one (1) box in Section 1 below and one (1) box in Section 2 below to confirm that in this transaction, the brokerage(s) involved had the following relationship(s) with the BUYER(S) and SELLER(S). Section 1: A. ^D The broker working with the BUYER(S) is acting as an AGENT fox the BUYER(S). B. ^ The broker working with the BUYER(S) is acting as a LIMITED DUAL AGENT fox the BUYER(S). C. ^ The bxokexage working with the BUYER(S) is acting as a LIMITED DUAL AGENT fox the BUYER(S), and has an ASSIGNED AGENT acting solely on behalf of the BUYER(S). D. ^ The broker working with the BUYER(S) is acting as a NONAGENT fox the BUYER(S). Section 2 A. ^ The broker working with the SELLER(S) is acting as an AGENT fox the SELLER(S). B. ^ The broker working with the SELLER(S) is acting as a LIMITED DUAL AGENT fox the SELLER(S). C. ^ The bxokexage working with the SELLER(S) is acting as a LIIVLf1~D DUAL -1- AGENT fox the SELLER(S), and has an ASSIGNED AGENT acting solely on behalf of the SELLER(S) D. D The broker working with the SELLER(S) is acting as a NONAGENT fox the SELLER(S). Each party signing this document confirms that he or she has received read and understood the Agency Disclosure Brochure and has elected the relationship confirmed above. In addition, each party confirms that the broker's agency office policy was made available fox inspection and review. EACH PARTY UNDERSTANDS THAT HE/SHE IS A "CUSTOMER" AND IS NOT REPRESENTED BY A BROKER UNLESS THERE IS A SIGNED WRITTEN AGREEMENT FOR AGENCY REPRESENTATION. 4. RESPONSIBLE BROKER. The Responsible Broker in this transaction is George Iliff, Designated Broker fox Colliers Paragon LLC. 5. EARNEST MONEY. (i) Within five (5) business days of the execution of this Agreement, Buyer shall deposit Ten Thousand Dollars and NO/100 ($10 000.00) in the form of cash (the "Earnest Money Deposit") as earnest money with (the "Title Company" and/or "Escrow Agent" as applicable). Subject only to the Buyer's Conditions Precedent set forth in Section 8 of this Agreement, and absent Seller's breach or inability to perform, the Earnest Money Deposit is non-refundable but such Earnest Money Deposit and the accumulated interest thereon shall be applied against the Purchase Price at closing and refunded to Buyer ~ in the event this Agreement is terminated as a result of the Seller's breach hereunder. In the event this Agreement is terminated after Buyer's Conditions Precedent have been waived ox satisfied, ox the sale fails to close, by reason of a breach by Buyer, The Earnest Money Deposit shall be paid to Seller. (ii) Earnest Money Deposit shall be deposited with the Escrow Agent upon acceptance by Seller and Buyer of this Agreement and shall be held in trust in accordance with the terms and conditions of this Agreement. 6. PRICE/TERMS. Total Purchase Price is Two Hundred Sixty-Three Thousand Five Hundred and Fifty Dollars and NO/100ths ($2G3.550.00~. (i) $10,000.00 Earnest Money Deposit (ii) $253.550.00 Balance of the purchase price to be paid in cash at closing: INCLUDED ITEMS. All easement rights, mineral rights, other appurtenances, water and water rights appurtenant to ox used on the Premises including, but not limited to, any right Seller may have to receive natural flow and/or stored water delivered through any ditch, canal or water company's facilities, or under entitlements held by a third party for use on the Premises, and all shares, -2- certificates, and other documents evidencing such water rights. 8. ADDITIONAL TERMS, CONDITIONS, AND CONTINGENCIES. Unless the parties otherwise agree in a written addendum to this Agreement, the date upon which all conditions and contingencies must either be satisfied or waived shall be t~ (30) days from the execution date of this Purchase and Sale Agreement (the "Satisfaction Date"), with the exception that such date may be extended pursuant to the procedure set forth in the addendum to this agreement under the title "Hazardous Substances." 8.1 BUYER CONDITIONS: The closing of this transaction is contingent upon satisfaction ox waiver by Buyer of the following conditions: 1. Inspection: Upon mutual execution of this Purchase Agreement Buyer shall be given full opportunity to inspect and investigate and to accept to Buyer's satisfaction, each and every aspect of the Property independently or through agent(s) of Buyer including, but without limitation with regard to: All matters relating to title together with all governmental and other legal requirements such as taxes, assessments, zoning, environmental studies, use permit requirements and codes. ii. Buyer shall further be granted access to inspect the physical condition of the Premises and all matters relating to the internal and external maintenance of any improvements of the structures and/ox grounds related to the Premises. 2. Financing: N/A If any of the foregoing conditions remain unsatisfied and unwaived by Buyer on the Satisfaction Date, this Agreement shall terminate, provided Buyer has given written notice of such unsatisfied and unwaived conditions with a reasonable opportunity to cure to Seller by the Satisfaction Date, and the Earnest Money shall be returned to Buyer. 9. TITLE COMPANY/ESCROW AGENT. The parties agree that the TITLE COMPANY/Escrow Agent as defined in Section 5 shall provide any required title policy and preliminary report ox conunitment. Each party agrees to pay one-half of the Escrow Agent's fees. 10. TITLE INSURANCE. Seller shall provide and pay fox a Purchaser's Standard Coverage Title Policy insuring the Buyer fox the amount of the purchase price. Extended coverage required X Yes No. Additional premiums fox extended coverage and any survey required by the Title Company shall be paid by Buyer. Seller shall cause the Title Company to provide Buyer with a preliminary title report ox commitment together with copies of all underlying documents giving rise to any exceptions listed therein on ox within five (5) days of the execution of this Agreement. Buyer shall have until the Satisfaction Date to object, by written notice to Seller, to the condition of title as set forth in the report. In the event the Buyer makes written objection to any exception to title, Seller shall have a reasonable time, not to exceed seven (7) business days, to remove any such objection to exception or provide affirmative title insurance coverage, and in the event the Seller cannot remove, ox is unwilling to remove, such objected to exceptions ox provide affirmative title insurance coverage, the Buyer may elect, as its sole remedy, to (a) either terminate this Agreement or (b) 3- proceed to closing, taking title subject to such exceptions. If the Buyer does not object within the time frame set out above, the Buyer shall be deemed to have accepted the condition of the title. In the event Buyer elects to terminate this Agreement as provided herein, the Buyer shall be entitled to the return of all refundable deposits made by Buyer. The final title insurance policy shall be delivered to the Buyer by the Title Company as soon as possible after closing. 11. CLOSING DATE. On ox before "Closing" ("Closing" shall be deemed to be the date on which the deed is recorded and the sales proceeds axe available for disbursement to Seller and as otherwise directed by the parties) Buyer and Seller shall deposit with the Escrow Agent all funds and instruments necessary to complete the sale. Closing shall occur no latex than Five (5~ days from the Satisfaction Date. 12. DOCUMENTS TO BE DELIVERED AT CLOSING. On the date of Closing, Seller shall have executed, ox caused to be executed, and delivered to the Closing Agent the following documents, if required by Buyer, in a form reasonably acceptable to Buyer and Seller: (a) General Warranty Deed (b) An Assignment and assumption of all leases, warranties, contracts, and guarantees that effect the Premises in a form mutually agreed to between the parties (if applicable) (c) Bill of Sale (if applicable) (d) Other, such as Estoppels, SNDA's, Affidavits, Original Lease Documents, Etc. (if applicable) (e) Any other instruments or documents reasonably requested by Buyer 13. POSSESSION/PROBATION. Buyer shall be entitled to possession on the day of Closing. Taxes and water assessments (using the last available assessment as a basis), rents, insurance premiums, interest and reserves on obligations assumed and utilities shall be prorated as of Closing. Any tenant deposits held by Seller shall be credited to Buyer at Closing. 14. ACCEPTANCE. Buyer's offer is made subject to the acceptance of Seller on or before 5:00 o'clock PM MST on Friday, March 30, 2012. 15. DEFAULT. If Seller executes this Agreement and title to the Premises is marketable and insurable in the conditions approved under Section 10 hereof and all Buyer's contingencies have been removed or waived, and Buyer ox refuses to comply with the terms of ox any condition of sale by the date on which such term ox condition is to be complied with, then the Earnest Money Deposit shall be forfeited to Seller and Buyer's interest in the Pxernises shall be immediately terminated. The parties declare it to be their intent that the payment of the earnest money deposited by Buyer shall be Seller's sole and exclusive remedy as liquidated damages. SELLER AND BUYER AGREE THAT IT WOULD BE IMPRACTICAL OR EXTREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES TO SELLER IN THE EVENT OF BUYER'S DEFAULT UNDER THIS AGREEMENT. THE PARTIES HEREBY AGREE THAT A REASONABLE ESTIMATE OF SUCH DAMAGES IS AN AMOUNT EQUAL TO THE EARNEST MONEY DEPOSITED BY BUYER WITH ESCROW HOLDER HEREUNDER, AND IN TIIE EVENT OF BUYER'S DEFAULT UNDER THIS AGREEMENT, SELLER SHt1LL BE ENTITLED TO RECEIVE AND RETAIN AS FULLY AGREED LIQUIDATED DAMAGES TIIE ENTIRE EARNEST MONEY DEPOSIT HELD BY ESCROW HOLDER HEREUNDER, ALL OTHER REMEDIES 4- HEREIN BEING EXPRESSLY WAIVED BY SELLER. In the event of a default by Seller, Buyer may, at its option, (i) terminate this Agreement upon mitten notice to Seller and direct Escrow Holder to refund to Buyer all earnest money deposited by Buyer hereunder, ox (ii) pursue the remedy of specific pexfoxmance. In the event of default by either of the parties in their pexfoxmance of the terms ox conditions of this Agreement, the defaulting party agrees to pay all attorney fees and costs incurred by the non- defaulting party and in the event of suit the prevailing party shall be entitled to its reasonable attorney fees and costs. In the event of a dispute between the parties as to the Earnest Money Deposit deposited hereunder by Buyer, the Escrow Agent holding the Earnest Money Deposit may fde an intexpleadex action in a court of competent jurisdiction to resolve any dispute between the parties. The Buyer and Seller authorize the Escrow Agent holding the Earnest Money Deposit to utilize as much of the Earnest Money Deposit as may be necessary to advance the costs and fees required for filing of any such action. The cost of such action shall be paid by the Party which is not the prevailing party. 16. TITLE CONVEYANCE. Title to the Premises is to be conveyed by warranty deed and is to be marketable and insurable except fox rights reserved in federal patents, building ox use restriction, building and zoning regulations and ordinances of any governmental unit, rights of way and easements established ox of record, and any other liens, encumbrances ox defects approved by Buyer. In the event any personal property is included as part of the contemplated sale, it shall be conveyed by bill of sale and shall be free and clear of all liens, claims and encumbrances. 17. RISK OF LOSS. Seller shall keep the Premises insured against loss by fire and other casualty usually insured against in the market area of the Premises until the Closing. Should the Premises be materially damaged by fire or other cause prior to closing and such damage is ten percent (10%) of the Purchase Price ox less, then Seller shall pay ox assign the proceeds of the insurance to Buyer (and pay to Buyer the amount of any deductible in cash) at Closing and Seller and Buyer shall proceed with Closing without adjustment to the Purchase Price. If such damage exceeds ten percent (10%) of the Purchase Price, then this Agreement shall be voidable at the option of the Buyer by written notice to Seller within ten (10) days of the date Buyer receives notice of such damage, however, Buyer may elect to proceed with Closing without adjustment to the Purchase Price (either by written notice of such election ox by faIluxe to timely send written notice of the voiding of this Agreement as provided above) and Seller shall pap ox assign the proceeds of the insurance to Buyer (and pay to Buyer the amount of any deductible in cash) at Closing. 18. CONDEMNATION. Should any entity having the power of condemnation decide prior to Closing to acquire any portion of, ox interest in, the Premises with a value often percent (10%) or less of the Purchase Price, Seller shall pay ox assign the proceeds of the taking to Buyer at Closing and Seller and Buyer shall proceed with Closing without adjustment to the Purchase Price. If such taking exceeds ten percent (10%) of the Purchase Price, Buyer at Buyer's sole option may either (a) elect to terminate Buyer's obligation to purchase the Premises by giving written notice to Seller at any time prior to Closing and Seller shall promptly return the Earnest Money Deposit ox (b) elect to complete the purchase of Premises and require Seller to immediately appoint Buyer as its attorney-in-fact to -5- negotiate with said condemning entity, and, in such event, Buyer shall receive all sums awarded in such condemnation proceeding of the Premises, excluding any amounts attributable to adverse impacts on other property owned by Seller. Seller hereby agrees to immediately give notice to Buyer of any condemnation ox contemplated condemnation of the Premises and Buyer hereby agrees to, within ten days of such notice, give written notice to Seller of Buyer's election with respect thereto. 19. CONDITION OF PREMISES AT CLOSING. Buyer agrees to purchase the Premises in as is (existing) condition, where is, with all faults. Buyer will assume those obligations with respect to the Premises as axe expressly stated in Section 8. Buyer does not agree to assume any other obligations with respect to the Premises except for those obligations stated in Section 8. Seller shall maintain the premises until the closing in its present condition, ordinary wear and tear excepted, subject to the provisions of Sections 17 and 18 on casualty and condemnation. 20. INSPECTION. The Buyer hereby acknowledges further that Buyer is not relying upon any statement ox representations by the Broker or Bxokex's representatives or by the Seller which axe not herein expressed. The Buyer has entered into this Agreement relying upon information and knowledge obtained ox to be obtained from Buyer s own investigation or personal inspection of the premises. 21. ADDITIONAL PROVISIONS - ENVIRONMENTAL ADDENDUM: Additional provisions of this Agreement axe attached hereto by an addendum consisting of 3 pages under the heading "Hazardous Substances" Identified as Exhibit "B" and incarpoxated herein by this reference, 22. COMMISSION. Pursuant to a separate agreement between Seller and Colliers Paragon, LLC. 23. CONSENT TO LIMITED DUAL REPRESENTATION: The undersigned have received, real and understand the Agency Disclosure Brochure. The undersigned understand that the brokerage involved in this transaction will be ox may be providing agency representation to both Purchaser(s) and the Seller(s). The undersigned each understand that as agents for both Purchaser and Seller, the brokerage(s) will be limited dual agents and negotiations, terms or factors motivating the Purchaser to buy ox the Seller to sell without specific written permission of the disclosing party. The specific duties, obligations and limitations of a limited dual agent axe contained in the Agency Disclosure Brochure as required by Section 54, 2063, Idaho Code. The undersigned each understand that a limited dual agent does not have a duty of undivided loyalty to either client. 24. ESCROW INSTRUCTIONS. The Escrow Agent is instructed to, in a manner consistent with the terms hereof: receive and hold deposits and other funds; disburse such funds in accordance with separate authorization signed by Buyer and Seller; prepare closing statements fox execution by Buyer and Seller; receive documents, secure their execution and acknowledgement, record them in the proper sequence, deliver originals to the appropriate parties, and deliver copies of all documents signed by either party to that party. If a dispute arises regarding any funds held by the closing agent, such agent shall have no obligation to resolve such dispute but shall hold the same pending resolution of such dispute, and may at its option bring an action in intexpleadex. 25. LEGAL REPRESENTATION. The parties expressly acknowledge they have been represented by counsel of their own choice in connection with this Agreement and have discussed the terms of this -6- Agreement with such counsel to the extent each party believes it to have been necessary to fully understand the terms hereof. In entering into this Agreement, the parties represent and declare that each of them fully understands the terms and effect of this Agreement. 26. ENTIRE AGREEMENT. This Agreement, including any addenda ox exhibits, constitutes the entire Agreement between the parties and no warranties, including any warranty of habitability, Agreements ox representations have been made ox shall be binding upon either party unless herein set forth. 27. SURVIVAL. All of the representations and warranties set forth in this Agreement shall constitute continuing representations and warranties, shall be deemed to be true and correct as of the date of closing of Buyer's purchase of the Subject Property from Seller, and shall (along with all indemnification, defense and hold haxrnless obligations related thereto) survive the closing of Buyer's purchase of the Subject Property from Seller. 28. CONFIDENTIALITY. The parties agree that the terms and conditions of this Agreement and information regarding the Subject Property (hereinafter referred to as "Confidential Information") shall be held in confidence except as mutually agreed by the parties in writing. Notwithstanding the foregoing, Buyer may publicly disclose the fact that Buyer is under Agreement to purchase the Subject Property and Buyer may disclose Confidential Information to its employees, advisors, ox consultants as necessary to complete the transaction contemplated by this Agreement Until closing, Buyer shall make reasonable efforts to hold the Confidential Information to be exempt from public disclosure pursuant to applicable laws, unless required to do so by a court of competent jurisdiction. After closing, all records relating to this transaction held by Buyer may be subject to public disdosuxe upon request by the public. Except as provided above, neither party shall use fox its own benefit ox fox the benefit of others, ox divulge to others, any information, knowledge, or data of a confidential or proprietary nature ox otherwise not readily available to members of the general public which concerns the business or affairs of the other party and which was acquired during the teen of this Agxeetnent. 29. BINDING AGREEMENT, COUNCIL APPROVAL REQUIRED. This Agreement shall not be binding ox enforceable until both parties have executed an original (ox a counterpart original) of this Agreement and have delivered to each other an original (ox a counterpart original) of this Agreement fully executed by the delivering party. Seller acknowledges that this Agreement will be executed by the Seller before Buyer executes the Agreement and that the execution of the Agreement by the Buyer is contingent upon the approval of the terms and conditions of this Agreement by the Meridian City Council and the Council's authorization for the Meridian City Mayor to execute this Agreement on behalf of Buyer; the date upon which the Meridian City Council provides such authorization on the record at a regularly scheduled meeting of the Meridian City Council shall be considered the "Execution Date" of this Agreement. 30. TIME IS OF THE ESSENCE IN THIS AGREEMENT. THIS IS A LEGALLY BINDING AGREEMENT. PRIOR TO SIGNING THIS AGREEMENT, BUYER AND SELLER ARE ADVISED TO SEEK THE ADVICE OF COMPETENT LEGAL COUNSEL. WRITTEN INFORMATION PROVIDED BY BROKF,R IS BELIEVED TO BE RELIABLE BUT INDEPENDENT VERIFICATION BY BUYER SI-IOULD BE UNDERTAKEN. -~- Buyer City of Meridian By: Tanuny de Weerd Its: Mayor Address: Telephone Fax: Date: ATTEST: Jaycee Holman, City Clerk 33 East Broadway Avenue Meridian Idaho, 83642 Seller: Mountain West IRA Inc. FBO Mark K. Botdes By: Mark K. Bottles Its: Owner Address: Telephone: Fax: Date: 8- EXHIBIT A LEGAL DESCRIPTION OF PREMISES Rnae~. D ArRrNp6D: d417.HY')! A A RARt9t OF WNb LOCATEp IN TF~ SOUiHEASf QVARTefi OFTNE SOUF}RVES1QLVlR7ER OF SECf10N 9e T05NNSHIP 3 NbR7H~ RANGE I WEST, HL7d3H MERYOTAN, AOA CONNTY, IDAHO, p~mReRgRTlnlLAh1.YD~~mEDASF~tDws: - COHMENtlNG AY. THE QCIARTER SECROH CORNER CtlMMDN 7d SECTIONS 4 AtK19 OFSAID TOWN4tldP 3 NDRTN, RANGE 1 WESTI'fYIENCE NDRTF{ 490A7'04" IVESF, 66,90 FEET (FORMERLY OESCRIDED A6 NORTH 99037'10° WE$f j ON 'IHe 5ECTION LD#E COMMON To SAID SE~IpPIS 9AND 9; iHENiE LEAWNG dAlb SECFCOIa NpRTN H0°71I19" FAST, 17.71.@3 FEEF (R4RMERLY GESCRI'BEp AS NDRTN b^39'ap' EASE, ffil.~ fEETj ON THE WESTERLY DOUNOARY LINE OFTHAY PARCEL OE LAND DE3Y:RI9FL IN 'wARRANIY DEED DN57RUMENYNUM9ER95i961 # ADA pdpNTY RkODR0670 A FOUNO HALF I?dF1I RE9AR ON THE NORTHERLY SpIF 4F THEYEN MILE IaRAIN b1YCli~ THENC€ REVERSING DII]ECTION, SdifIN 00010'14"WEST, 11659 FEEY (FORiiER1.Y OES[RI9€D AS :OUI"H D0293D" WEST) ON THE Wl'SiFF.LY 9OUNDARYLINE OFSAU] WARRANTY DE£D PARCEL'FO TTIE REAL POUff OF HEGINNHdG;'fHENi~ L'ONT1NUDiG 540tH 00°20'19"WE4F° 7]0.94 FEtT (FORMERLY GEscAlt4Eb A55011TH p°39'30" WE53] ON THE 1VESlERLY 901RtOARY LINE OF SAID WARRANTY DEED PARCEL; YNENCE NORTN o6~SR'11° w@,T, io6.31 FEET, 7NENC£ NDRYN 0109L'40" WEST, 171.63 FEEC; THENCE SOO]'H 86030'11' FAST. Nt6S8 FEETTO7HE RFALPOINY OF 0EG7NNR4G. PARCEL E: A PARCEL OF LAND HEING PARCEL E AS 5FR]WN ON RECCRLD-OF5URYEY NO.9311 OP ADA WI1NiY RECORDS, idCATEd DI171E 5d17IHEA5'T QUARTER OFTNE S4(iTI1VJF5f Q,llARTER 4F5EGTION 9, TOYJgSFIfR 3 NORTH, RANGE 1 WEST: HOL4E MERIDWi, AOA COUNN, IOAHD, MORE PARIIfd1LARLY pFCrO*aF^ AS F(ILLOWS: COMMEIJ[1NG AYTHE QUARTER~SECFION CORNER C~OFfMDN TO SECIIDNS 4 AND 9 OF 6AUI TOWNSPIIR 3 NORTH, RARGE i WEiT; 7IfENCE NORTH 9SO4TOY' WESTi 1315.M FEET (FOAP4ERLY Df5CkI9ffi1 ~ NORTH 0903T70" WESfy CINTIIE.5EI=f10N Lltit; eDMMON Y0 SAID 6FG'TiaNS 4 AND 9 TO THE ERSI 1116TH S€CPiON WRNER CONMDNTOSAIDSELT[ONS A AND B, SAID POINT BEING THE REAL ROINI' OF ~SDINING; ' 771E7'1CE LEAVING Gud SECRON LINE, NO717W OD°39'15" EAST, 191167 FEET (RORMERLY DESCRR3Ep AS NDRTH 00°1H'30' WST, 1311.56 FEET] OPI T}IE P8]RYH-SdUiFI 11i61H SE41iON LINE DFT3~ SOUTf[4iJ3a411lARTER OFSA1bSELTION 4 TO THE 54U1HWFST 1/16'FN 5ECTNIN CORNER DFSAFD 5ECTIDN i/THENCE SOlDT18S°4930' EASTi 334.09 FEET (FORMERLY DESCRI9EG AS SO VIH 99090' FA9f) ON TH@ EAST WEST 1~i67H SfXT19N LU4E OF SAID SOURRWESi iIUARTlR OF SECIFON 4I THENCE SOL7'Ri O3^o1'09" EASY, 517.§5 FF.EF; ttiERCE 50UFH 990Sq'12" EASE, 79.16 FEETI THENCE 34LFlM DD019'16" 5'kST, 801,97 FEE7a THENCE NORTH 89°97'09° WES"f919.97 FE61' (FORMERLY neerar9ED AS NORTM 8s°sT2b' WeSf) TO THE REAL POINT OF 9ED84N1N0. [Text Continued] -9- EXHIBIT A LEGAL DESCRIPTION OF PREMISES CONTINUED PARCEL F: A PARCEL OF lAlla $EBJG PARCEL F AS SHOWN pN IifxDAa-0FSURVEY Rld. 8711 DF AM aouNrc REaaRa6. Lac4TEp iN TFIE 501fiHElS`T QuARrnx aFat>_s0umwesr quARTER DFSECrtaN a TawNS77IP ~ t~RTH, RAr7c,E t w4T, RprsE tnrRia>+uv. Apl1 [ouxrv, IDAHO, h10RE PARTICIHARLY UE9CA1$EDA9 FOLLOWS; CONM7.NCWG AY TFIE QL7AR11St5ECT10H OORHER CbMMpN TO SELTIQNS4 P?1D p DF SAIb 'F9Wt~HIP 3 NORTH, RAd1GE 2 WESTi T}~NCE NORTH $9°4]°x9' WEST, fi65.R0 FEET' (F4RH8iLYaF5CR19Ed AS NORikI 94°37'2x" wEST} ON 7FIESECFI4N LINE COMMON TO SAID SECTIONS 4 ANa 4'pJTTiE REAL POINT C7F@E4TNNING; NORTH $9°47'44' WESY, 99x.sJ FEET' (FORMERLY pE4cRI~A AS NORTH $9°37'ZD" WEST, 334.95 FEET) DN TkiE SE6FIQN LINF~OOMM73N Yi3 SAIa SECTIONS 4 ANO 9,` THENCE LEAVING SAID SECRON LINE. NORTH W°39`3S' EA3T, 6at.47 FEETI TIIIXCE 600TH 77fi°56"12" FAST, 741.16 PEEY7Y1 A POINF ON 7HE WESTERLY IItSUNOARY LINE aF THAT PAR@.OF LANG pE6CHi$Ep TH WARRANTY OE6a %NSIRUMENT NO. 951951 aF AIxA cauNiv x>wR7u; TN6NCE SOllili x0°20't9" WF5f, 7$9.+74 FEET (FORMERLY DE56RYUEp AS S7xfIH p$°28'70•WEST] aN SAID WESTERLY 6DaNDARY LINE 70 THE REAL PbINTOP $EGSNNINa. APT: SY249T9fi$64 (~rcN DJ, 51309794615 (Persil £j er7d SI2D434b715 {Pbhx4 F7 Cem7nonly FnowN asv DAxp W. Cherry 7h,a4W N. C77npman ln, Merid(en, IO 93642 [End of Text] -10- EXHIBIT B ADDENDUM PURSUANT TO SECTION 21 OF PURCHASE AND SALE AGREEMENT HA7ARnUUS SUBSTANCES. Definitions. The terms "hazardous substance," "release," and "removal" shall have the definition and meaning as set forth in Title 42 U.S. C. ~ 9601 (or the corresponding provision of any future law); provided, however that the term "hazardous substance" shall include "hazardous waste" as defined in Title 42 U.S.C. ~ 6903 (or the corresponding provision of any future law) and "petroleum" as defined in Title 42 U.S.C. ~ 6991 (or the corresponding provision of any future law). The term "superfund" shall mean the Comprehensive Environmental Response, Compensation and Liability Act, Title 42 U.S.C. ~ ~ 9601, et seq. (or the corresponding provision of any future law) and any similar statute, ordinance, rule or regulation of any state or local legislature, agency or body. The term "underground storage tank" shall have the definition and meaning as set forth in Title 42 U.S.C. ~ 6991 (or the corresponding provision of any future law). Representations and Warranties. The Seller represents and warrants to, and covenants with, the Buyer that: To the best of the Seller's knowledge the Real Property is not contaminated with any hazardous substance, To the best of the Seller's knowledge the Seller has not caused and will not cause the release of any hazardous substances on the Real Property, T o the best of the Seller's knowledge, there has never occurred a release of hazardous substances on the Real Property, To the best of the Seller's knowledge the Real Property is not subject to any pending, threatened, or likely federal, state, or local "superfund" lien, proceedings, claim, liability, or action for the cleanup, removal, or remediation of any hazardous substance from the Real Property, To the best of the Seller's knowledge no other real property owned or controlled by the Seller or in which the Seller has any legal, equitable, or other interest is subject to any pending, threatened, or likely federal, state, or local "superfund" lien, proceedings, claim, liability, or action for the cleanup, removal, or remediation of any hazardous substance from such property, To the best of the Seller's knowledge there is no asbestos on the Real Property, To the best of the Seller's knowledge there is no underground storage tank on the Real Property, II- To the best of the Seller's knowledge, by acquiring the Real Property, the Buyer will not incur or be subject to any "superfund" liability for the cleanup, removal, or remediation of any hazardous substance from the Real Property, To the best of the Seller's knowledge, by acquiring the Real Property, the Buyer will not incur or be subject to any liability, cost, or expense for the removal of any asbestos or underground storage tank from the Real Property, and To the best of the Seller's knowledge the Rea] Property and the uses conducted on the Real Property are in compliance with all applicable environmental laws, codes, and regulations, including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended. Phase I Environmental Audit. The obligations of the Buyer under this Agreement are, at Buyer's option, subject to the Buyer obtaining, at the Buyer's sole cost, a "Phase l" environmental audit and liability assessment indicafing that the represenfations and warranties set forth in this Addendum are true and correct. The Phase /audit shall include, withouf limitation, the following elements: (a) recorded chain of title documents (going back 50 years) regarding the property, including all deeds, easements, leases, restrictions and covenants. (b) a review of historical and aerial photographs to uncover prior problems or uses that may now be concealed. (c) a review of federal, state, and local records which report incidents or activities which are likely to cause or contribute to a release or threatened release of hazardous substances, including landfill and other disposal records, underground storage tank records, hazardous waste handler and generator records, and spill reporting records. (d) interviews with past and present owners, employees, and neighbors. (e) a visual site inspection of the Real Property and all facilities and improvements on the Real Property and a visual inspection of immediately adjacent properties from the Real Property to check for the presence of hazardous substances, underground storage tanks, PCBs' and asbestos, including an investigation of any chemical use, storage, treahnent and disposal practices on the Real Property and adjacent property. Phase 11 Environmental Audit. If the Phase I environmental audit does not indicate that the representations and warranties set forth in this Addendum are true and correct, then the Buyer, in addition to any other remedy and without any waiver of rights, shall have the right to either (i) terminate the Buyer's obligations to close the transactions contemplated by this Agreement, or (ii) require that additional audits ("Phase 11") be 12- conducted on the Real Property at the sole cost of the Buyer, and extend the date for Closing for a period of time reasonably necessary to complete and analyze the Phase 11 audit. If the Phase 11 environmental audit does not indicate that the representations and warranties set forth in this Addendum are true and correct, then the Buyer, in addition to any other remedy and without any waiver of rights, shall have the right to terminate the Buyer's obligations to close the transactions contemplated by this Agreement. Cooperation with Environmental Audit. The Seller shall cooperate fully with the environmental audits referred to in this Agreement. -13- Meridian City Council Meeting DATE: March 27, 2012 ITEM NUMBER: 7q PROJECT NUMBER: AZ 11-003 ITEM TITLE: King Property Public Hearing Continued from December 20, 201 1: AZ 1 1-003 King Property by Dexter King Located at 1 195 W. Overland Road Request: Annexation and Zoning of 8 Acres of Land within an R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 27. 2012 ITEM NUMBER: PROJECT NUMBER: TEC 12-005 ITEM TITLE: Arch Rock Subdivision Public Hearing: TEC 12-005 Arch Rock Subdivision by Mason & Standfield, Inc. Located East Side of N. Linder Road, Approximately 800 Feet South of W. McMillan Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 27, 2012 ITEM NUMBER: $q PROJECT NUMBER: ITEM TITLE: Clerk's Office: Public Request Received by James Fuhrman to Address City Council Regarding Various City Concerns and Issues MEETING NOTES ~ nab ~~~~, ~~ "~'J ~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS -- =fU`~~r __ lL~-~c~nah - -- - - ~, S~~J ~ - - - -- - _- -_ _- a -- ~aS~e P k ~ -- - - - - r - ,t rnBr -- - // ~ p yN~ -_- F __ -__-_._ L"EY1dtaS--L?/e~A IHNA~.Gb~'n ei_ k7ppk~ J V_ i - -- ~ Q,7 i~ n 0-~ fJ ~_-_ wa;la6Le-___week _- - _Q~-h'~a_r_c_~ ~ - ~ - T~~/ _- Marc.(- --/ ~- - -- ~ - - ~ -- -_ -- --- --_- - ~ -- _ - _ ~~~ - ---- - --_- ;~ ,, -'- -- - ----_ _. -- - ' --3' ~°-~ il'3~ a~ _ - - - - -_ -_ _ ~ MAYS ._~.Z~'l- C'- ~'~m- - -w~t1- - --_- __ - _ tie-on-s~±eC._~'•_3Z1p -_ m-____ - -- -- ~M~~~rs4~~-Curl c,2.ve~$ re 2_ o~-- _ --- -- -- Meridian City Council Meeting TE: March 27, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES ~' ~, ,Y i_ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS