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2012-08-14
E PA 10 -Mi"o RiTINUIT TEO i Tuesday, August 14, 2012 at 3:00 PM Roll -Call Attendance X David Zaremba O Charlie Rountree Pledge of Allegiance Brad Hoaglun X Keith Bird Mayor Tammy de Weerd ..14 Al �w-..Z 4. Consent Agenda Approved A. Award of Task Order 10238f to CH2M Hill for "Wastewater Treatment Facility RAS Conveyance System Reconfiguration Project Services During Construction" for the Mot -To -Exceed Amount of $163,700.000 B. Ada County Highway District Cost Share Permit for Meridian Split Corridor Phase 2 C. Multi -Use Pedestrian Pathway Easement for Scentsy D. Water Main Easement for Scentsy Warehouse E. Water Main Easement for Scentsy Distribution Center F. Water & Sewer Easement for Scentsy North Campus G. Water and Sewer Easement for Scentsy Manufacturing Addition H. Real Estate Purchase Agreement for 15 W Broadway I. Agreement with the Nampa and Meridian Irrigation District for the Construction and Installation of Sewer and Water Mains as Part of the Main Street Pavement Improvement Project at King Street and Williams Street Meridian City Council Meeting Agenda — Tuesday, August 14, 2012 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. J. Agreement with the Nampa and Meridian Irrigation District for the Construction and Installation of Sewer and Water Mains as Part of the Meridian Road Split Corridor Project K. Development Agreement for Approval: RZ 11-004 Chesterfield by Liberty Development, Inc. Located South Side of W. Pine Avenue; Midway Between N. Black Cat Road and N. Ten Mile Road Request: Rezone of 1.48 Acres of Land from the R-8 Zoning District to the R-15 Zoning District L. Meridian School Resource Office Agreement for Approval M. Amended onto the Agenda: Agreement with Nampa Meridian Irrigation District to Cross the Hunter Lateral 5. Community Items/Presentations A. Police Dept: Presentation of Chief's Commendation Life Saving Awards B. Amended onto the Agenda: City Scholarship Presentation 6. Items Moved From Consent Agenda 7. Action Items A. Public Hearing: Proposed Fall 2012 Fee Schedule of the Meridian Parks and Recreation Department B. Resolution No. 12-864: A Resolution Adopting the Fall 2012 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Approved C. Request for Reconsideration: Larkspur Subdivision No. 4 FP 12-014 by Gus Porter, Sawtooth Land Surveying, LLC Approved 8. Department Reports A. Economic Development: Strategic Plan Update B. Community Development: Transportation Update on Projects, Priorities and Studies - Includes Discussion on Meridian Road Meridian City Council Meeting Agenda — Tuesday, August 14, 2012 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. a 10. Interchange; Franklin, Ten Mile to Black Cat Roadway Project; and Other Transportation -Related News C. Legal Department: Discussion on Traffic Safety Commission Recommendation for No Parking on Ustick and Meridian Rd. Adjacent to Settler's Park Motion Approved to Draft Letter to ACHD D. Historic Preservation Commission: Update on Discussion of the Meridian Exchange Bank and McFadden Market and to Consider a Draft Letter to the Owner; Meridian Exchange Building, LLC Ordinances A. Ordinance No. 12-1521: An Ordinance (RZ 11-004 Chesterfield Subdivision) For The Re -Zone Of A Parcel Of Land Located In The SW '/4 Of Section 10, Township 3 North, Range 1 West, Situated In Ada County, Idaho, And Adjacent And Contiguous To The Corporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Zoning Classification Of 1.48 Acres Of Land From The R-8 (Medium Density Residential) Zoning District To R-15 (Medium -High Density Residential) Zoning District Approved Future Meeting Topics None Meridian City Council Meeting Agenda — Tuesday, August 14, 2012 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 City Council Workshop August 14, 2012 A meeting of the Meridian City Council was called to order at 3:00 p.m., Tuesday, August 14, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Brad Hoaglun, David Zaremba, and Keith Bird. Members Absent: Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Warren Stewart, Bill Parsons, Bruce Chatterton, Brenda Sherwood, Caleb Hood, Jeff Lavey, Mike de St. Germaine, Mark Niemeyer, Steve Siddoway, Patrick Dilley, 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: I would like to welcome everyone here this afternoon and thank you for joining us. For the record, it is Tuesday, August 14th. It's 3:00 p.m. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 we will be led tonight -- or today by Lexy and Garrett Hayes. They will be leading us in the Pledge of Allegiance. If you will all rise. (Pledge of Allegiance recited.) De Weerd: Lexy and Garrett, if I can offer you a City of Meridian pin for leading us today. We appreciate you doing that. Item 3: Adoption of the Agenda De Weerd: Okay. Item No. 2 is adoption -- or three is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: We have a couple things to add to the agenda today. Under four -- after 4-L we will add an M and that is an agreement with Nampa -Meridian Irrigation District to cross the Hunter Lateral. Under Item 5 we have a new 5-A and it is a city scholarship Meridian City Council Workshop August 14, 2012 Page 2 of 57 presentation and, then, follow that with the Police Department presentation. Under Action Items, 7-B is resolution number 12-864. Under 9-A, Ordinances, that ordinance number is 12-1521. So, with those, Madam Mayor, I move adoption of the agenda as amended. 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: THREE AYES. ONE ABSENT. Item 4: Consent Agenda A. Award of Task Order 10238f to CH2M Hill for "Wastewater Treatment Facility RAS Conveyance System Reconfiguration Services During Construction" for the Not -To -Exceed Amount of $163,700.000 B. Ada County Highway District Cost Share Permit for Meridian Corridor Phase 2 C. Multi -Use Pedestrian Pathway Easement for Scentsy D. Water Main Easement for Scentsy Warehouse E. Water Main Easement for Scentsy Distribution Center F. Water & Sewer Easement for Scentsy North Campus G. Water and Sewer Easement for Scentsy Manufacturing Addition H. Real Estate Purchase Agreement for 15 W Broadway Agreement with the Nampa and Meridian Irrigation District for the Construction and Installation of Sewer and Water Mains as Part of the Main Street Pavement Improvement Project at King Street and Williams Street J. Agreement with the Nampa and Meridian Irrigation District for the Construction and Installation of Sewer and Water Mains as Part of the Meridian Road Split Corridor Project K. Development Agreement for Approval: RZ 11-004 Chesterfield by Liberty Development, Inc. Located South Side of W. Pine Meridian City Council Workshop August 14, 2012 Page 3 of 57 Avenue; Midway Between N. Black Cat Road and N. Ten Mile Road Request: Rezone of 1.48 Acres of Land from the R-8 Zoning District to the R-15 Zoning District L. Meridian School Resource Office Agreement for Approval M. Amended onto the Agenda: Agreement with Nampa Meridian Irrigation District to Cross the Hunter Lateral De Weerd: Four is the Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: We did amend onto the agenda 4-M and that is the agreement with Nampa -Meridian Irrigation District to cross the Hunter Lateral. So, with that addition, Madam Mayor, I move we approve the Consent Agenda and the Mayor to sign and Clerk to attest. Zaremba: Second. De Weerd: I have a motion and a second to approve the Consent Agenda has changed. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Community Items/Presentations B. Amended onto the Agenda: City Scholarship Presentation De Weerd: Well, it's certainly my honor to -- under Item No. 5, to have two items that are special to our community. Both of them certainly in their own unique way. First I will address our scholarship presentation and I will ask Kara Fleming if she will come forward. The City of Meridian is pleased to be able to offer these youth scholarship awards to seniors that have graduated and headed to school and the recipients of these scholarships are funded by the State of the City sponsors and so this has always been a part of those sponsorships as a commitment to the youth of our community, those that have provided community service and have left a legacy and a mark on our community and we want them to remember that before they leave the community and their higher education endeavor, sometimes in the hopes that they will come back. And if you will allow me I have some information to share about Kara. This is Kara Fleming. We are Meridian City Council Workshop August 14, 2012 Page 4 of 57 honoring her today. This spring she graduated from Meridian High School where she was an exemplary and extraordinary student. She maintained a 4.0 grade point while taking nine honor classes and if you have taken an honor class you know how difficult that is and three advanced placement classes. She served on the student council, was a member of the National Honor Society, participated in choir, cross-country track, and other school organizations. Amidst all of her studying and school activities she found the time to serve in our community. Kara is a very people focused student and inclusion is important to her. She has worked with the Special Olympics and volunteered as an after-school tutor for learning challenged students at her school. She has also done projects with the Girl Scouts, the Boise Rescue Mission, her church, and has worked to increase breast cancer awareness. But even more impressive than all of these accomplishments is the fact that Kara will be the first person from her -- I almost did I without crying. Is the fact that Kara will be the first person from her family to graduate from college and she plans to become a teacher. She will be enrolled in Northwest Nazarene University where she will begin her studies in secondary education. We congratulate Kara on this scholarship. This, Kara, is just a certificate. We will send the check directly to your school. But this reads: In recognition of your high level of community involvement, academic merit, and outstanding leadership potential. We thank you on behalf of our entire community for everything you have done in your service and certainly wish you the best, but we hope you remember your roots here in this community and come back home when you're done with your studies. Congratulations. Oh. Kara, I do have a City of Meridian pin for you as well. And you have been on internship; is that correct? Fleming: Yes. De Weerd: You were an internship in Washington DC. Fleming: Yes. With Special Olympics International. De Weerd: She just back from her internship with Special Olympics and I'm sure that was a unique experience in and of itself. So, thank you again for joining us. Fleming: Thank you. A. Police Dept: Presentation of Chief's Commendation Life Saving Awards De Weerd: Our next item before I -- before I turn this over to the chief -- certainly his presentation is on behalf of the police department and condemnation -- condemnation. Boy, what do I have on my mind. But as we look at what our officer did in the line of duty and in serving our community, we also want to recognize the citizen that participated as well and we have what is called a Hometown Hero award. When circumstances warrant it, the City of Meridian does have the honor of bestowing its Hometown Hero award upon a deserving Meridian resident for their outstanding citizenship and bravery. A person who embodies and demonstrates the heroic values Meridian City Council Workshop August 14, 2012 Page 5 of 57 of courage, compassion, character, humanity, personal initiative and responsibility. And Brett Hayes is such a person. Although he's not an emergency responder, he showed that anyone can make a positive difference if they make a decision to get involved in a time of emergency or crisis. For this reason we are pleased to award and honor Brett for the Meridian Hometown Hero award and I would like the chief and Brett to come forward. I'm sure the chief will always have something to say as well. But we want to thank you for your quick actions, your selflessness and certainly your lifesaving actions. Come on forward. On behalf of the City Council and myself it's certainly my honor to present you our Hometown Hero award. It's presented to Meridian residents who perform selfless acts of heroism, going above and beyond the call of duty and service to others in our community without regard for attention or personal gain and this is presented to Brett and we certainly extend our heart -felt thanks for what you did in serving our community and continuing to really show that we are a community that cares. So thank you. The chief wants you to stay up here. Lavey: If you will stay there. De Weerd: I will exchange my position at the podium. Lavey: I don't always have a chance to try to outdo the Mayor, but hopefully I can do it this time. Would Officer Hodges come forward, too, please, and stand next to Mr. Hayes. Madam Mayor, Council, it's a little odd having my back to you, but I feel a little safer having my back to you than to the audience sometimes. But on July 3rd of this year a physical therapist and a police officer came together in an unusual place and that's in the middle of the intersection at Linder and McMillan here in Meridian. And what brought them together was a horrific car crash. It was a crash involving an SUV and a motorcyclist and the motorcyclist had severe injuries -- and I won't go into graphic detail, but it involved some pretty significant injuries. Shortly after that -- that incident after everything was said and done I received a couple e-mails from an EMS supervisor and an e-mail from deputy director of Ada County EMS and they provided me with some information that was what brought me here today and the information that they told me was had it not been for these two individuals that this motorcyclist probably would have lost his life. Now, unfortunately, he lost his leg in this incident, but it's because of these two people in front of you today he's still with -- or he's still among us. And because of that I was going to honor these two individuals for our police department award. But after talking with the Mayor we felt that Mr. Hayes' actions need to be recognized on a citywide level based upon the actions that he took. What he did was truly remarkable and it needs to be recognize as such. But not to be out done by the Mayor, I also have a plaque that I would like to present to Mr. Hayes. But I'd like to read a little bit first. On July 3rd, 2012, Brett Hayes witnessed an injury accident at the intersection of Linder Road and McMillan Road between a motorcycle and an SUV. The motorcyclist was badly injured and his left leg was almost severed below the knee. Realizing the urgency of the situation, Mr. Hayes used his shirt to attempt to stop the bleeding. Mr. Hayes' willingness to help and his quick response in an emergency situation helped to save the motorcyclist's life. It is because of his actions Mr. Brett Hayes is presented with this award for the chief's commendation from the Meridian Police Department. Thank you. Meridian City Council Workshop August 14, 2012 Page 6 of 57 Not to be redundant, but some of this wording is the same, so I will not repeat it, but I will give a couple additional highlights. The Meridian Police Department had participated in tourniquet training approximately one week before this accident. This training involved a medical device that's used as a tourniquet and it's a special device that we all carry now, but we weren't carrying it at the time of the incident. When Officer Hodges arrived on scene she immediately recognized that the only course of action was a tourniquet, because the T-shirt that Mr. Hayes had was beyond helping, without being too graphic, and Officer Hodges realized I don't have one of those nice tourniquets that we just trained on, but police officers carry what we call leg restraints. Sometimes we have individuals that do not like to cooperate and they like to kick and so we have little ties we can tie their legs and it has multiple purposes. It can be used for dog leashes. It can be used for -- in this case a tourniquet. Now, when the emergency personnel first got on scene their comment was what the heck is that. And, then, they realized what Officer Hodges had done and it was because of her actions that most likely saved this individual's life. So, between Mr. Hayes and Officer Hodges, we are recognizing them today. So, on that I would like to offer this life saving award to Officer Karen Hodges. Madam Mayor and Council, I will turn it back over to you. De Weerd: Okay. If you will turn the podium around with you. Zaremba: Thank you both. De Weerd: Just turn it. Yeah. Thank you. And I welcome you upstaging me at any point, especially in scenarios like that. It's truly appreciated what you and your department does. Item 6: Items Moved From Consent Agenda De Weerd: Okay. There were no items moved from the Consent Agenda. Item 7: Action Items A. Public Hearing: Proposed Fall 2012 Fee Schedule of the Meridian Parks and Recreation Department De Weerd: So, we will move into Item No. 7-A, which is a public hearing on the proposed fall with 2012 fee schedule and ask Patrick to come on forward. Dilley: Good afternoon, Madam Mayor and Members of the Council. I'm here to present the proposed fee schedule for fall 2012 activities. Events and sports and our fall activity guide will print this Saturday, the 18th of August, and registration for fall activities will begin then Monday, August 20th. Obviously with your blessing. And our classes will begin after the Labor Day weekend on September 4th. And will end on December 29th of this year. We have some new classes and are continuing with our most popular ones. Also with our most popular sports as well, including our holiday classic volleyball tournament, which is going to be a good one. I'm excited for that this Meridian City Council Workshop August 14, 2012 Page 7 of 57 year. And especially what comes after that with the donations. So, with that I will stand for questions. De Weerd: Council, any questions at this point? Okay. Thank you. Thank you, Patrick. This is a public hearing. Is there anyone who would like to provide testimony on this item? Hearing none, Council, I would entertain a motion to close the public hearing. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we close the public hearing on the proposed fall fee schedule for the Meridian Parks and Recreation Department. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7-A. All those in favor say aye. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Resolution No. 12-864: A Resolution Adopting the Fall 2012 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation to Collect Such Fees; and Providing an Effective Date De Weerd: 7-B is the resolution supporting Item 7-A and that's 12-864. Council. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve Resolution No. 12-864 and does that require for the Mayor to sign and the Clerk to attest? De Weerd: Yes. Zaremba: That's included. Hoaglun: I would second that. De Weerd: I have a motion and a second. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. Meridian City Council Workshop August 14, 2012 Page 8 of 57 De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Request for Reconsideration: Larkspur Subdivision No. 4 FP 12-014 by Gus Porter, Sawtooth Land Surveying, LLC De Weerd: Okay. Under Item 7-C is a request for reconsideration. I will turn this over to Bill. Parsons: Thank you, Madam Mayor, Members of the Council. Last week Council acted on a final plat for Larkspur Subdivision No. 4. After that hearing some information came about that staff and, of course, the applicant felt necessary to come forward before you this afternoon. If you recall, Council approved this plat with a condition that restricted Lot 10, Block 12, to a nonbuildable lot until such time as that stub street was punched through or extended through. In speaking with ACHD I believe Council has that e-mail from Gary Inselmann at the Ada County Highway District. It appears that the applicant -- at least that turnaround cannot be solely placed on Lot 10, Block 12, as conditioned in the staff report and so what's before you today is what Ada County Highway District would allow for temporary turnarounds and, then, also some options for Council to proceed moving forward. Option one as stated in Mr. Inselmann's e-mail to you states that if the turnaround is to stay on Lot 10, Block 12, a portion of that turnaround would also have to be placed on Lot 13 -- or Lot 1, Block 13. And I have that depicted in this exhibit here as option one. Option two would be that the turnaround is to be on just a solely one buildable lot and, then, option -- or the applicant has either option to do Lot 8, Block 12, or Lot 2, Block 13, which I have highlighted in blue and option three is to allow the turnaround to remain on the common lot, but it would be designed and constructed with Grasscrete, instead of the asphalt material or concrete. Staff is amenable to all three conditions. The applicant's preference is to build that temporary turnaround on the common lot and design it using Grasscrete. I have spoke with -- in ACHD's memo to you they did state they could support that, a one-time exception. I did speak with the fire department and they said as long as they meet their requirements they could support the temporary turnaround as Grasscrete as well. So, if it's any one of these options that you would like to pursue, staff does have some recommended changes to that condition. I will go ahead and turn it over to the applicant to see if they have any other information to provide you with and at this time I'd stand for any questions you may have. De Weerd: Okay. Any questions at this point from Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba: Zaremba: I would comment my understanding of the purpose of a request for reconsideration is for Council to decide if new information is present, but not to make at Meridian City Council Workshop August 14, 2012 Page 9 of 57 this meeting any judgment on that, but just decide whether we want to calendar this for a future meeting. I would be accepting of the fact that there is some new information and that we could put this on a future calendar, but I don't believe we are to discuss it today. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council. Since this is a final plat, Councilman Zaremba, it doesn't require more public notice, so you actually can take action on it today. Zaremba: All right. Thank you De Weerd: Okay. Anything further? Zaremba: In that case I'm sorry that I interrupted. We should hear from the applicant De Weerd: No problem. Anything else? Okay. The applicant. Good afternoon. If you will, please, state your name and address for the record. Porter: Gus Porter. 3098 South Mill Road in Emmett. De Weerd: Thank you, Gus. Porter: Madam Mayor, Members of the Council, as Mr. Parsons has already conveyed to you, we would just request that we be able to use Grasscrete to construct the turnaround on Lot 9, Block 12, so that we can utilize the building lot and so that we don't lose that until such a time as East Whitehall Street is extended. That is our only request that we have. So, if there is nothing else I stand for questions. De Weerd: I guess I would have a question as far as maintenance. Certainly I'd rather see Grasscrete than pavement anytime, but I also understand that it then does place the burden of care and maintenance on the homeowners association or whomever. What is the maintenance plan on this kind of a facility? Porter: At that time -- at this time I don't have that information, Madam Mayor. I would have to bring that back at the next meeting when the Council would act on this. Hoaglun: Well, Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Gus, it sounds like from legal counsel we can act on it today to reconsider and to take an action. so -- Meridian City Council Workshop August 14, 2012 Page 10 of 57 Porter: Oh. Okay. I misunderstood what he said then. Hoaglun: I guess my assumption is, to follow along the Mayor's questioning, being a common lot that will be maintained like the other common areas by whoever they hire to -- Porter: That's correct. Yes. Hoaglun: -- maintain that and follow through on whatever maintenance is required, so -- and if I require -- recall correctly last time I will ask the question that if we were to take this up would that cut into the amount of open space -- and I think it was, no, you had adequate open space for -- if this turnaround was in place and -- Porter: That's correct. I actually -- I checked the acreage and we could -- we could even get rid of this common lot and we would still be above the minimum requirement for open space on this subdivision. Hoaglun: Okay. Thank you, Gus. De Weerd: Anything further? Zaremba: Madam Mayor, yes. De Weerd: Mr. Zaremba. Zaremba: At such time as that street is continued and this is no longer needed for a turnaround, is there a plan to convert it to usable open space or what would be next and who would be responsible for that? Porter: I suppose the plan would be to convert it back to just a plan grass area, open space. That was the original plan for this lot anyway and the homeowners association would be responsible for that. De Weerd: Okay. Thank you. Porter: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I believe Mr. Parsons wanted to add some other comments as well. Parsons: Thank you, Madam Mayor, Members of the Council. Councilman Zaremba, you are correct. So, looking at the exhibit, if you go with option one, then, we certainly Meridian City Council Workshop August 14, 2012 Page i t of 57 would like to have you modify Condition 4-B to add Lot 1, Block 13, which is that southern lot, first lot there, to have the T-type turnaround. If you go with option two, either state which -- what is your preference for the turnaround, either on Lot 8, Block 12, or Lot 2, Block 13. We change it from Lot 10, Block 12, and insert one of those lots and blocks. And, then, if you go with option three, which is the Grasscrete option, basically still modify Condition 4-B, strike -- add language that it could be constructed on Lot 9, Block 12, and simply add verbiage that the turnaround be constructed with Grasscrete and that it meet all ACHD and fire department requirements. De Weerd: Did you get that? Hoaglun: And Madam Mayor and Bill -- and that would also require additional signage and no parking and those sorts of things? That was outlined in -- Parsons: Madam Mayor, Councilman Hoaglun, that is correct De Weerd: Okay. Thank you, Bill. Okay. Council, we will await your direction Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I am satisfied that the open space requirements are still being met, that this area could be utilized for a turnaround. Given the alternatives I'm not real keen on taking buildable lots where it makes it more difficult. We'd like to have property taxes, as opposed to not have property taxes. So, Madam Mayor, I move that we approve option three that is on Lot 9, Block 12, that it be -- included the Grasscrete, that it meet ACHD and fire department requirements for a turnaround and that additional signage as required be installed to -- in terms of no parking and identified as a public turnaround and that's my motion to approve. Zaremba: Second De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 8: Department Reports A. Economic Development: Strategic Plan Update Meridian City Council Workshop August 14, 2012 Page 12 of 57 De Weerd: Item 8-A is our economic development update and I will welcome Brenda to the podium. Sherwood: Madam Mayor, Members of the Council, I just wanted to say thank you for giving me this chance to update you. Actually, to start out with, as many of you know, I have moved down to the planning -- to the community development umbrella of planning and building. So, I just wanted to also thank my, of course, partners at community development, because although they did give up a conference room, they were very welcoming. So, thank you very much. You're going to see this today and you're going to say, well, this looks a little familiar and the reason being, of course, is because we are hitting the end of this strategic plan that I presented to you almost two years ago. Oh. So, I -- De Weerd: Well, that doesn't look familiar anymore. Sherwood: Well, you know, that's a good point. I guess that's kind of a bad reminder. De Weerd: No. It was at the end, too. Sherwood: So, I'm going to kind of run through most of it. A lot of it we wanted to just present to you with some nice check -offs. We have hit a lot of our goals. But also I wanted to run through it, because I hear that Caleb is following me and he likes to talk a lot. But not only that, Caleb has a lot of really exciting news to talk about as well. But in addition I also anticipate at the end of my presentation you will have a lot of questions. So, here we go. As you know we kind of throw things together in economic development under business retention and expansion. Of course our ongoing efforts with the Core, entrepreneurship, and attraction. So, under our business retention and expansion program you know that this has always been near and dear to the hearts of the Mayor and I, because we do know that 80 percent of the jobs that are created in the city are usually from the jobs that are already -- or from the companies that are already located here. So, what we do is we meet with these companies on a regular basis weekly and just make sure that we are providing them with the necessary resources that they need to expand and grow. So, just to update some of the information from the last time we met, some of our accomplished tasks. We have had 283 one-on-one business meetings and over -- I have attended over 150 organizational meetings. This last Council update, the things that were our next steps, you will see we have kind of checked them all off as things that we have accomplished. We are developing and maintaining an up-to-date inventory of existing businesses and I put a little star right there, because right now what we are doing is looking at some contact management equipment, some software, so that we can make sure that we are kind of contacting them on a regular basis. Not only are we meeting with them, but I tend to send them from our database like information that we get from the Department of Commerce, new programs. Right now there is a fantastic export program that will help pay for marketing. So, these are things we want to make sure we are getting to them. C.J. and I have been trying to divide them through industry, so it makes for a nice database so that we can at least send them the necessary resources. Of course, once again, we Meridian City Council Workshop August 14, 2012 Page 13 of 57 could finalize our BRNE survey. The Mayor and I kind of have this down pat and -- but also what we also do during our interviews is just ask them what makes them different, tell us, you know, about your successes, so that we can celebrate them as well and talk about them in our community. And, of course, ambassadors have been a big part of our program. Now we have kind of moved beyond identifying them, but also videotaping them for both our website, but also so that we can put those on flash drives when we have companies come in from out of state to talk about how great it is to be in Meridian. We continue to review our city procedures, as I mentioned before, now being down in community development, it makes it very easy. We analyze our interviews and shoot for a different market space on that evidence. And, then, of course, we continue every time I meet with someone and they tell me a resource that they might need, we actually will add that to our website. Some of our measurable outcomes -- we have been hitting about 20 percent of the businesses in the targeted industries. Most of our retention visits within this past couple years have been focused primarily on advanced manufacturing, healthcare, and, then, of course, technology companies. We have had increased job revenues specifically in healthcare, nursing technicians -- that's a big one. I think the last time I was in front of you we talked about MRIs, an array of different equipment, x-ray technicians, things of this nature. Now, I actually in my possession now have a wonderful -- the Department of Labor has really stepped up and I end projects now with the economic development personnel from each of the cities, so that we can start tracking what companies are growing, what types of jobs are growing, but also what incomes are growing as well. So, that makes it really great for us when we start specifically targeting some of those different jobs. Also, the jobs created -- we know that there has been an increase in healthcare. You know that by the Mayor's State of the City this past year, while most of the cities were losing jobs, we were gaining jobs, specifically in healthcare, but also in our retail industry, which we do -- our considered the number one retail hub of the valley. And, then, of course, we continue to track our permits. Now -- I'm going back to this -- I'm like, wait a minute, did we save this? Okay. Sorry. Next, of course, is the Core. This has been very important about strengthening our healthcare industry. We do know that healthcare is the number one lead growing industry in Idaho and throughout the world. So, there is some great events that have been -- been going on in the Core and I'm not going to steal too much thunder, because Earl Sullivan is going to be coming in next month to talk to you a little bit more about some of the updates with the Core. But a couple things that I just want to highlight is, number one, they were able to -- because of -- if you remember correctly, I came to you and asked you about us just helping and adding a little bit more support for the Core, so that we could create the Angel Fund and the Angel Fund has been developed and this is pretty exciting, because most of the colleges when you look at the governor's I Gem program, the colleges see this as a very important part of that technology transfer, helping us spin out some of these new companies out of the colleges and BSU had called me right away and just said, you know, thanks for giving your support. Tell your Council, tell the Mayor, because this is a fantastic addition to the valley. But not only that, it really makes the Core sort of that catalyst for advanced technologies and especially in healthcare. And another thing that I'd like to highlight is that we started looking at collaborations and training programs and what was needed and Earl Sullivan, because he did have a little extra time, because we helped push that, Meridian City Council Workshop August 14, 2012 Page 14 of 57 he has been working with other organizations throughout the valley and has now the ear of the governor and has been very supportive about the I Gems program and one of the things that the governor mentioned to Earl is that they would like us to host a summit for healthcare. So, that's something in the planning right now and he will be able to tell you more about that. But the Mayor and I both looked at each other and we are like ding ding, because this is such a wonderful opportunity for us to bring in some of those companies, so that they can see the highlights going on within the valley. Of course, the entrepreneurial piece -- I don't have to tell you too much of this, because you have been right there with us during this. We have -- we are fostering our entrepreneurial and technology innovation and, of course, that has been, you know, due to the ETC now with Ashley at the ground floor. I wanted to kind of give you a little bit of update. I called both of them and we have got all the numbers together. We have, of course -- we were saying that we want the ETC to open by spring of 2012, but, of course, we made it at September 9th, 2011. So, since, then, we have 12 businesses at the ETC and Julie has also assisted six start-up companies in Meridian as well. They have done 106 seminars and have had over 400 attendees. So, we are definitely hitting those marks for entrepreneurship. This has attraction and recruitment. Of course, we -- this is a big part of things that we have done in conjunction with BVEP. I think you will see more in our strategic plan where we really focus more on some of those hard to get industries and really go after them even more so than we have been. Our accomplished tacks -- we have distributed marketing to about 38 site selectors. I have also included a new linked -in site that we are just now linking to our website and each week I'm sending out available properties to the site selectors. So, we will just keep pushing those out of what we have available. We have contacted and followed up on 42 bio tech leads as I know. I just recently got back from a bio tech conference and, then, of course, we also went to Shop Show this year. We also have developed a new website specifically for economic development and business resources, but not only that, like I said, it has featured properties, it also has available properties, so an array of different information that site selectors can just get right up off of our website. We also have accolades as well. As I mentioned before, using the videos from some of our accolades, those are on there as well. And, then, of course, we have been working on this new marketing brochure and we are kind of taking a new little twist to it. I put a couple pages on there just so you could take a peek at it. But where the Mayor and I have been going back and forth, because she said it seems a little arrogant. I said, no, it's not arrogant, it's just sassy. So, you will see some new marketing material. But it's really -- it's -- it's what we are doing is targeting a lot of companies from the west coast that actually do a lot of technology products in California, but could easily come here. Because when we started interviewing a lot of people they said, you know, we are so close to these cities, we don't have to live there and one of the jobs -- a lot of the people that we have interviewed, CEOs, said I like Idaho and you hear that all the time. It's always hard to get them here, but it's hard to actually get rid of them. So, anyway, once you're here you will love it. And so we are just showing how great it can be. You will see there how much more affordable it can be in compared to like Seattle, Portland, and, then, of course, all the California cities. Once again, we have created a database of targeted industries and we have obtained target sector events and trade shows or a number of leads. Forty-two leads from the international bio tech conference and I will Meridian City Council Workshop August 14, 2012 Page 15 of 57 happily say that between Doug Jones and I we actually called each and every one of them personally afterwards to follow up. One of the things that our site selectors told us after these trade shows is that they are going to be just bombarded by letters. So, we just took the initiative, you know, the project that I have been working on in the field, and just sat down and called them all, so -- and, then, of course, we had 27 leads from the Shop Show that could contribute to our potential public safety center and, then, of course, we have had two companies relocate due to our follow up with BVEP and an independent broker and I will tell you with BVEP they have relocated two companies. One of those is in Meridian. Within the past couple years. It's slow right now. We are hoping to see that kind of pick up. Anyway -- and, then, they are looking at doing -- or those companies will create over 200 jobs, but hoping with growth 200 to 400 jobs. We have participated in 11 site visits by consultants and participated in two visits by companies. Moving forward, as I mentioned to you before, the next time I come before you it will be for your approval of our new strategic plan and just a little snapshot of the things that we will be looking at, as I mentioned before. We are going to focus on targeted industries and clusters, number one being the fields district. And exploring additional ag-related industries, such as viticulture and things like that that that can contribute. But also contribute to our downtown revitalization. Our public safety center cluster is definitely another target. We have met with a lot of local people and based on the information and the enthusiasm that we have gotten, I think our simulation city could probably pretty much be built just by contributions. And, then, of course, we will continue with the Core. We are very excited about the summit coming up. It will be just great exposure, especially for being that catalyst for healthcare. And, then, business retention is always going to be one of our number one focus, but you will see here I have this split corridor conception on there. I have created a survival kit for each of the businesses. We have been walking the streets, so you will see us out there. Ann Little - Roberts from the chamber. And, of course, the final one is something that we talked about before and this is the one -- I'm thinking you might have a few questions about. It is, of course, the business registry. So, here is -- we are going to revisit this again. Excuse me. Thanks. The program -- we started talking about this a couple years ago, actually. It was one of the questions that I was asked when I interviewed was how could we add some value to the business registry program and as each of you know -- and I bring this up -- it was really difficult when I first came here and we started looking at target markets, of what targets we need to go after, because we really didn't have a comprehensive list of companies that are here. We guessed right now that we have 3,200 to 3,500 businesses. We get the list from maybe the garbage, we get it from the Secretary of State, but we are not positive -- well, you know, now, look, everyone else got it. But, yes, our -- the SSC -- anyway, you know what I'm saying. We try to generate whatever lists we can. You did that to throw me off. Hoaglun: I was just -- Madam Mayor, I missed that one, because I was still focused on her and Ann Little -Roberts walking the streets, so I was just -- Sherwood: Well, I was waiting for that. I saw the look on each and every one of your faces as well. And if -- and do you know what, if you ask Ann she will just -- she will tell everyone we are not trying to supplement our income. Anyway, one of the reasons that Meridian City Council Workshop August 14, 2012 Page 16 of 57 we -- now you have thrown me off completely. One of the reasons, like I said, that we were going with a business registry program is for economic development future, but also, number one, a better way to communicate things like events, future developments, things like construction. You know, we had to actually kind of walk around to get the list for the split corridor, but also just important news to businesses, maybe different like changes. It also puts into place a record of value that our community considers important. A lot of people look in other cities. Well, you know, are they a registered business. It gives them sort of that status. So, that is another piece that kind of says the company is a successful company to be operating within our city. It insures that product safety has been met. Building codes, zoning adhered to. It creates a safe community for our residents, but also for our emergency responders. It gives us a snapshot of the growing/ industries. But above all it really does celebrate our businesses. I have had companies call me and say I have just created, you know, this new window cleaner. That was actually one of them. And they wanted to know if we had a plastics manufacturer that could bottle it for him. And that was something that we had to kind of dig around for, because we don't know for sure, you know, what are some of those small companies. So, it also just encourages purchasing goods and services from our own business community. Benefits of a company -- or benefits of the program for the company. I think we talked about this last year. We have a mobile app and a web directory. So, the companies can actually advertise on a mobile device on the website. It will give their customers locations, directions to the business. It will provide the details about a company, service products, hours of operation, years in business, even accolades. It offers customers featured on the spot discounts and there is a variety of tools that we can use that actually the chamber, in conjunction, is going to work with us, so that they can do like a group -on type of thing for the companies that are on here. In addition, we may register their -- we haven't determined the amount of money yet, but they will get a discount with the chamber fees as well. They can advertise their specials, but also they can engage their loyal customers and give them special coupons, things like that. Most of our -- most of all it's going to increase the awareness of the business. Vendors can also obtain a list of the -- the approximately 3,200 businesses, helping businesses succeed by something we continue to push and that's buying locally. As I mentioned before, it adds that legitimacy -- am I going to get this? Legitimacy and accountability to businesses. It clarifies our community's expectations on the steps that they need to take to be a business. I can't tell you -- and I think that both Bruce and Pete can tell you people sometimes start doing an expansion or start a business and at the end they are like, wow, if I didn't -- if I would have known that -- like all these fees and things. This way up front they can just kind of walk them through that process. It really gives them a better edge as well. But it also insures that in an emergency the correct contact is notified. We had the police department, fire department tell us several times that they will arrive on the scene and they don't really have the correct contact or maybe they have moved, something of that nature. So, implementing the program. Here is what we are thinking. And we have had several focus groups. Of course, with the clerk's office, with legal, with planning, with -- we are community development, with the Mayor's office. We started thinking about this and we thought, well, maybe we go ahead and do the first year free for registration and, then, start that marketing that will express to the businesses that the program will become Meridian City Council Workshop August 14, 2012 Page 17 of 57 mandatory. And, then, every business is required to register. The ones that have had to register with the State of Idaho and that are engaged in business activities within the City of Meridian, are required to register -- register and that does include home-based businesses. We have had a little bit of push back with the home-based businesses, but sometimes those are the ones we really want to make sure are in the right spots. We have had people come to us about something they want to do at their home and they have trucks lined up on the street or they want to start a hair salon and pour chemicals down the drain. These are things that we probably want help them look at alternative sites. Nonprofit organizations would register, but they are not required to pay a fee and all fees received will help defray administration costs of managing the business registration fee. Now, when we met we all talked about doing about a 20 dollar fee for this program. As we mentioned before, the chamber, a couple advertising groups, said that they would deduct probably close to a hundred dollars off of marketing materials and things for these companies. So, this is based on an estimated number of businesses and I have 3,000 dollars, but that's supposed to be 3,000 businesses. Are you over there checking things? Hoaglun: Uh-huh. Uh-huh. Sherwood: I notice that -- you know, now I know to like check when you lean over. Hoaglun: Uh-huh. Comparing notes. Sherwood: Yes. Sorry. Typo. That's based on 3,000 businesses. I had met with Jaycee, we have about 1,250 hours to complete the registration in the clerk's office, which is 42 weeks. They would collect about 60,000 is revenues and it would be about 54,000 in fully loaded salary. Then we added some postage in there and total cost to the city comes out during the 20 dollar registration fee to be 11,000 dollars. Now, we are leaving it at that right at this point. We will find out a little bit more during that free year how many businesses are there. But we are anticipating 3,200 to 3,500. So, obviously, that total cost to the city would drop. So, we would have to kind of examine that. So, it gives us a year to look at that. But we didn't want to take it over 20 dollars. If we took it up to 25 it would more than cover the cost and that would be something for you to make that decision about. So, that is the business registry in a nutshell. I will take -- I'm sure you probably have some questions and so I will take any questions you have on any of my presentation. De Weerd: Thank you, Brenda. Council, any questions for Brenda? We waited until Keith couldn't talk to have that presentation. Sherwood: You really can't talk? De Weerd: No. He's not supposed to talk Sherwood: I thought you were being quiet Meridian City Council Workshop August 14, 2012 Page 18 of 57 De Weerd: Anything from Council? Sherwood: And what I would really like you to consider is that we go ahead and get started with this business registry program on this free basis. However, we have to look at, you know, the cost to the city until we start charging. Hoaglun: Madam Mayor, that was my question was to follow up and maybe Bill or Brenda you can respond and that was what -- what is the process to get that started? What method and what -- what do we go to? Is that a resolution? Are we changing an ordinance? I mean it's a fee. What -- can you tell me what the process is? Nary: Madam Mayor, Members of the Council, Council Member Hoaglun, I mean that's been part of our discussion. We think probably the most appropriate is to put it into ordinance. You don't have to have a fee hearing, since you're not going to charge a fee, but you would the next year, because it would be a new fee. But we would put into ordinance as to what's required for the registry and what the purpose is and those kinds of things. So, if that's the direction the Council wants to go, we would craft an ordinance and bring that back to you. De Weerd: And certainly, Councilman Hoaglun, I would -- even though Brenda is still working with the Chamber of Commerce, I think we would have to do some outreach into the business community to include them in the discussion prior to crafting an ordinance to make sure they know what it is, what the benefit to our business community will be, and what the benefit to the city is going to be. What we haven't talked about is the benefit of knowing what is in those buildings that are burning or what is going to go down our sewer systems and what is around maybe not compatible businesses. So, there -- there are a number of other things that the city has been talking about for as long as I have been involved and wanting to have more data about what is residing in our community and where that might have a potential hazard to nearby neighborhoods or to our employees as well. So, those are some of the intangibles. But I definitely know that it's totally in Brenda and the team's plan that there will be good communication with the business community before its rolled out in front of you. Hoaglun: Well, Madam Mayor, certainly that needs to be the case, because I do struggle with the may versus shall. I mean a business may join versus a business shall join. I mean it really -- and from one standpoint we can make the argument that you will do this, because of the health and public safety aspect of it and there is merit to that. But if that's our argument and we make that arrangement and say but here is what we are trying to do to make it a benefit to you. It's more than just regulatory by the city to make sure that health and safety issues are being met, but we are going to add -- help you with marketing or different things -- the apps and whatnot and that's where the may comes in, if it is such a good thing -- if we are doing such a good job you can roll it out there on a voluntary basis and you have 80 percent of businesses sign up, wow, that's fantastic, without having to go to the shall part. And that's -- that's the part that I like I'd much rather see, you know, it's just a matter of do we as a city with that authority Meridian City Council Workshop August 14, 2012 Page 19 of 57 we have the authority to do it, but I just -- it makes me hesitant just because that -- because we can do something doesn't mean we necessarily should. But I do see the benefit and, Brenda, I commend you for working towards this, because, you know, you and I have had this discussion that the incentives for a business to look at that and say what you're putting together is really worthwhile for me to be part of this business registry. I mean that's -- you have gone a long ways to meet that goal and for businesses to look at that and say, hey, that is something that makes it worth my time and for 20 dollars that's really nothing to be part of an effort that is out there that when people come to town, they are looking for something like my business, they will find it and -- and, then, we have the benefit on the other side that if there is an emergency situation, the contact numbers are there and different things that police and fire can follow up on. But it's -- it's still a struggle, but I do have to say you have done a good job with this. Sherwood: Thank you. Councilman Hoaglun, Madam Mayor, Members of the Council, this is something that we have been struggling with and eventually there was probably half and half of our group, like just go ahead and implement it to rolling it out free. It's something that the entire valley economic development directors have been discussing. We have had this discussion many times in BVEP and I have a feeling that once we roll it out and, you know, I become that fall guy, so everyone kind of joked about that, because I have talked to them about that we were thinking about it and -- so they are go ahead, because they will follow afterwards and Pocatello and Idaho Falls also have a registry program as well. But, yes, we want it to be -- and, you know, I don't know if I should have given Jaycee a copy of this, but one of the things that we talked about was the registration forms and at first we started asking a lot of questions about their -- their business that people might have found intrusive. We got rid of that. And it's just a basic piece. The only thing we are really asking about in this is basically hazardous materials, because we just want to make sure that our public responders -- that they are safe. And that's really a big part of this is making sure that those hazardous material are not in areas that they shouldn't be. But for the most part if we are going to continue to grow our businesses, we need to make sure that they are working together. We have met with companies, the Mayor and 1, and they will say, well, we are looking for this piece or this gadget to be made and it's being made down the street and the Mayor and I kind of look at each other like, well, it's right down the street. I think it will really help kind of promote our businesses and so I went back to this business registry where I put -- and I didn't go into detail. I probably should have. But the whole marketing piece. We did run this past our economic development group. Many of the people from the Chamber -- I mean people are like -- you put them together I'll pay it. So, we have had some very positive response. So, I think that we probably wouldn't have gone to step two without some of that positive response. We agree, we all said the same thing. Do we roll it out free? But we wanted to kind of walk into it smoothly and not just be one of those things where we are forcing something on the businesses. But we do actually have on a regular basis get people calling all the time asking if we have a business license and a lot of the companies, you know, from other states, other cities, they are aware that many times you do, so -- Meridian City Council Workshop August 14, 2012 Page 20 of 57 De Weerd: And, Councilman Hoaglun, I guess coming from a neighborhood that had a homeowners association membership by choice, rather than by mandate, that doesn't work and the 20 percent that doesn't sign up are the ones that will have the hazardous waste that we need to know about. So, I -- you're never half pregnant, you're either in it for the baby or not, so -- Hoaglun: That's a good point, Madam Mayor. And you touched on something very important that I think really will make it or break it and is the -- the outreach component, sitting down, making sure people understand the reasons why. It's just one of those things. And you know how important that is and I know that it's something you will invest in as well, so that will take a lot of work. But you recognize that and so we see what the results are from that. Sherwood: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Three or four comments, I guess. One, I'm very happy to see this moving along. I think it's important. Having lived and had businesses in other cities I -- the registrations and the permits and the things were mandatory. I think our example here is that the Chamber of Commerce is voluntary. They don't have anywhere near -- I don't think even 50 percent of the businesses signed up and there are a lot of benefits to the Chamber of Commerce as well, so while I'm very much in favor of explaining the benefits and each citizen or each city -- excuse me -- what each business will get out of this -- and I think we may need to make big points out of that as you have, we also need to bear in mind that the major purpose of this is public safety from our standpoint and that that's a major component of this and I don't see how that can be voluntarily. We need to know what's in some of those spaces and I think that's important to make it an absolute, you must sign up for this. A couple of other comments and this one is just semantics, but the spring that we were looking at -- the wax bullet on it, all fees will be -- will defray fees. I actually would make the end of that managing the business registry or managing and updating the business registry, we aren't really using fees to manage the fee. That's just a semantic comment. The point of that is the -- Sherwood: I got it. Zaremba: -- managing and updating and maintaining the business registry itself. I also would like to -- since you mentioned the split corridor, I would also like to give credit to all the work that ACHD has done. I know you have been out and Ann Little -Roberts has been out from the Chamber, but Adam and Brian from ACHD have been wonderful partners in preparing our downtown businesses for what's coming. I mean I -- in discussing with ACHD, I mentioned to them that we all look forward to this, sort of in the way that you look forward to surgery to have your hip replaced, it's an important part of mobility, we have had increasing pain for the last 20 years and there is going to be a Meridian City Council Workshop August 14, 2012 Page 21 of 57 little bit more pain while we go through it, but the end result is going to bring so many benefits, but I just -- I just wanted to not only appreciate your efforts, but also Ann's, but also ACHD as a partner in making this as painless as possible for the cities. One other is perhaps picking a direction. You had a bullet on one of the other slides that said that we would be assuring people of product safety. I don't think we want to get into that. Our goal is public safety and the other parts of that sentence in that bullet about zoning and other parts of -- yeah, building codes and zoning -- this is the one I was looking at, building codes and zoning. And just -- we are insuring that public safety has been met in that there are not unsafe things in the buildings or unsafe things going into the sewer or fireplace. I don't think we want to get into -- Sherwood: I agree. Zaremba: -- the business of either product or service safety or having anything that would tell the public that we may be guaranteeing the work of a business. What we need to be guaranteeing is that if one of our citizens enters a building they are safe in there. But not necessarily that we have anything to do with their product or service safety. That worries me a little bit. Sherwood: Absolutely. Zaremba: I would steer clear of that. Sherwood: And this was -- this was our initial kind of rough draft that we had put together and it might just be an oversight, but trust me, he will be in there. I think Bill will be -- when it comes time to put all of this -- Zaremba: Good. Sherwood: -- together not only will we have the marketing assistance, but Bill will be there right along with us. So, I'm sure he would have noticed the same thing and when you phrase it like that I agree with you, Councilman Zaremba. Zaremba: So with that I'm thrilled that this is happening. Sherwood: Okay. Zaremba: Thank you. Sherwood: Now there was a fourth point. Zaremba: I think I said four. Sherwood: Okay. I thought there was only three. But I also, Councilman Zaremba, Members of the Council, Madam Mayor, I also would like to talk, you know, just about what a champion ACHD has been to work with. We have an incredible team that has Meridian City Council Workshop August 14, 2012 Page 22 of 57 been working on this, along with Caleb and meeting weekly, their marketing has stepped up -- it is -- if we could -- everything that we wanted to do in the city, use that as a paradigm of how we move forward, such as when we do this marketing for the business registry, it would just be sublime. You know, we have had myself, along with Caleb, ACHD is there every week -- not only that, Ashley has been with us every week, in addition from the Meridian Development Council and so -- and, then, of course, Ann Little -Roberts has really picked up and been walking around on a regular basis as well. So, just having all -- everyone so involved it's just been a blessing. De Weerd: Well, I know I am anticipating that Councilman Bird over there is screaming from his seat wanting to say something, but because this is something that the city has been debating and discussing for many years and I -- the bottom line has been that before you can go out and make this mandatory and charge a fee there has to be value added and -- and I appreciate and commend you and the committee for looking at what that value added can be and now it's in a matter of going out and talking to the business community and seeing if they see there there is value added, because I'll tell you the Council will be the first one that hears is if there isn't. So, we know the backside of it, the why is it needed, and now it's communicating why is it needed to the business community and what's in it for me, because the bottom line is that's -- it's what's in it for me and that's important. So, I commend you for your efforts. I certainly appreciate you taking the bull by the horn and providing leadership and direction and continuing the discussion and coming back with something. So, if you would, please, get this presentation out to the Council members, so they can look at it again, look at the different points, and provide you feedback before -- Council, would you like this after Councilman Rountree gets back and he has an opportunity to look at it, too, and maybe, Brenda, you can touch base with him, but we might want to put it on an agenda in the next several weeks for further discussion and direction on rolling out those next steps. Does that sound feasible? Zaremba: Madam Mayor, yes, that all sounds good to me. I -- maybe this is a question for Mr. Nary. At some point if we do attach a fee to this does that require a public hearing? Nary: Yes, sir. Zaremba: Okay. So, that would need to be included at some point. De Weerd: Well -- and I would certainly suggest if there is going to be a fee, whether we do it at the beginning or after the first year, that has to be discussed and it should be in the plans and in the ordinance, because we don't want to hide that as intention. Okay. Sherwood: Mayor, thank you. De Weerd: Thank you, Brenda. And thank you for a great presentation. Meridian City Council Workshop August 14, 2012 Page 23 of 57 Zaremba: Uh-huh. B. Community Development: Transportation Update on Projects, Priorities and Studies - Includes Discussion on Meridian Road Interchange; Franklin, Ten Mile to Black Cat Roadway Project; and Other Transportation -Related News De Weerd: Next Item 8-B is our Community Development transportation update. All things transportation. We are always excited for this part of our agenda and I sincerely mean that. Hood: Madam Mayor, I look forward to it as well, although I will dispel a little bit of the myth that Brenda and some other staff here seem to have that I like to talk when I'm here and it's just when given the opportunity here I feel the overwhelming urge to share all I know about transportation and that's just a lot, so that's why it runs on a little bit, there is just so much going on, so -- De Weerd: Well, we appreciate you being our advocate, because it does make a difference. Hood: Thank you. And, again, it is my pleasure, Madam Mayor, Members of the Council, to be here today. The clerk has handed out some ancillary pages to the memo that I prepared for today's workshop. The first one in that -- and certainly I don't expect you to read all of those. There is one I want you to pay particular attention when we get there, but I will call them out. The first handout, actually, is provided to me from ACHD and it's a great resource. It provides a status updated of basically all the projects in Meridian. So, I wanted to share that with you for this month and this is a couple weeks old, but it's pretty recent, so, again, you don't need to study that now, but it's, again, a good resource and I think you should have it on your fridge if you're current about a project, it's current, up to date, by all the project managers at ACHD. So, I thought I would share that with you and you can look at those. That supports everything in the memo, basically, and I don't need to go through a lot of it, because with the memo and, then, that handout you're in the know, at least on ACHD projects. There is one project that's listed on the backside there that I do want to highlight and that's the one that's going on right now on Main Street and that's the Main Street rehab project. As you all know that -- the construction began in July, it's scheduled to last through August, shortly before the split corridor phase two work begins, which, again, is anticipated for fall, October 29th of -- of this year. So, that's the only one that a lot of folks are directly impacted by right now, but there is only a few more weeks left and, then, that work will be complete, too, as the timeline. So, that's it for project updates. Again, I will let you -- unless you have any questions on my memo and the project status update, anything you see in that -- that spreadsheet there from the highway district, I'm going to move on to the programming budgets and impact fees. De Weerd: Caleb, I have a question. Are these primarily just road projects or are they sidewalks and -- Meridian City Council Workshop August 14, 2012 Page 24 of 57 Hood: Madam Mayor, Members of the Council, it does include -- you can see -- like in designs from the federal aid projects, I haven't checked to see if it has all the training programs, but, yeah, if you look in bid and award, for example, the third one down there, Broadway, West 4th Street to Meridian, that is a pedestrian project there. So, there are community programs or pedestrian projects. Carlton, West 1 st to Main Street, is also a pedestrian. East 3rd and Ada. So, yes, it includes, basically, all projects in Meridian. De Weerd: Okay. Just feedback is until you told me that was a sidewalk project I had no idea what it was. So, this is a great resource, but if -- because we don't live and breathe that -- Hood: Yeah. De Weerd: -- if -- just feedback. Hood: And, Madam Mayor, I can appreciate that and this is meant more for internal for staff that kind of know the project more, so there is shorthand use here. You may not understand it completely. But I think it does -- you know, it gives you the cost, a project name, and a status update. So, I try to take this and include the relevant parts within the memo, but I can't -- I don't include every single project going on. So, I just thought this would supplement somewhat that and if there is questions -- I feel like you should know those type of things, so I'm maybe not doing my job to let know that there is a sidewalk project here and there. So, that's on me to provide better information to you. but I will look at maybe using this as a template, then, and modifying it for next time and including some of those -- what I think are givens, but realize that I shouldn't assume those things if you're not in it day to day. De Weerd: You know what assume means. Hood: Yeah. So, are there any other comments or questions on ACHD projects at this point? So, like I said, I'm going to jump into page two of the memo. Maybe before I get there, the second handout in that packet is just a letter on the -- the split corridor project and it's a status update from Adam Zaragosa. Last time or the time before I was here I asked you all if it was okay if I signed you up to get that electronically, so, hopefully, this letter looks familiar to you, but I wanted to use it as a check in to make sure you're all getting those updates, because throughout the project that's how you're going to get updates, in addition to me coming here. So, it looks like everybody is signed up okay. So, I will trust you read, then, and know what's happening then with that project at this point in time. And, then, onto the programing and budgets portion, again, on page two of the memo and the third handout. I handed out a spreadsheet -- and, again, there is no way you're going to be able to get through this during our time here today, but this is a breakdown of the next two year capital budget at ACHD. There are some overarching themes from the budget and some details. It's an 89.2 million dollar budget. Capital maintenance costs continue to increase. You see more and more dollars that ACHD put towards the infrastructure that's already been invested in to maintain the system and Meridian City Council Workshop August 14, 2012 Page 25 of 57 less and less for new or expansion capital projects. So, we will continue to see that trend, I believe. Although there are some innovations that ACHD is looking at, as well as some different ways to -- where they spend their maintenance dollars, but the maintenance will continue to grow as a portion of the capital budget. The sidewalk program is now included in the capital budget. It's new this year. And there is some for economic development and storm water pilot projects. We don't really know at this point necessarily what those are for, although I do have a staff -- just got a copy of the staff memo from ACHD's website from Sabrina Anderson. She's going to be giving a presentation tomorrow to the commission on the economic development portion of the capital budget and I just want to summarize a couple of things in here. Options for including them. Economic development impacts on ACHD project decision making process. So, they are -- this is something we have been asking them to do is look at projects that have kind of the X factor of can we attract or is there benefits there, but we need a roadway to bring them -- bring them into town or can attract businesses into town. Staff is recommending a two prong approach to address the funding and prioritization of economic development projects. First option would increase the priority of economic development projects in the capital budget by redirecting the capital improvement citizen advisory committee, which I serve on, the narrative score portion of that and including that into the five year work plan. So, beefing that up a little bit more to give more points to the city. If we say, hey, you can do this project, we attract these businesses, giving some more weight to that through the -- the preservation process. And, then, the second option is to implement a set aside program of funding from the capital budget for separate economic development scoring criteria process. So, again, that's not developed this is something that the commission hasn't even heard yet at ACHD, but will be presented tomorrow to ACHD. So, I just wanted to quickly highlight the economic development portion of the capital budget and you can see in here that there are monies that they are budgeting for -- well, storm water, and economic development that are new this year. So, again, apologizing and understanding that you -- you won't have time right now to craft any detailed comments on the budget, is there any interest, though, in reviewing this and having me come back next week and providing comments to ACHD on the capital budget. My opinion this is just so you know, but if you see something that's out of place or want to comment on something, certainly that is an option and I can prepare a correspondence accordingly. So, with that I will pause and see if there is any -- any interest or direction from the Council to prepare some correspondence on what ACHD is considering for their budget. De Weerd: Caleb, I just have a question. I saw Ustick Road and Locust Grove Road on here. Is that the intersection improvement? Is that going to be done this next coming year? Hood: Madam Mayor, let me find where you're at. De Weerd: At the very end -- very bottom of the -- Hood: Yes. That is under the intersection. If you look on line 76. It's under the intersection heading. If you look -- you got to follow the columns across and the seven Meridian City Council Workshop August 14, 2012 Page 26 of 57 -- line 703 is the right of way, so in 2013 there will be 400,000 dollars set aside for right of way and, then, you go over to 2014, which is the next half of a page over, basically, and there is 850,000 dollars for construction in FY -14. De Weerd: Okay. So -- Hood: So, that's how you read this chart. And if you look at the top -- sorry for my handwriting, but the 700 series are -- is concept design, design, right of way slash design professional services, appraisal right of way survey construction, construction engineering, utilities -- I mean that's all the various aspects of building the project, so you have to -- if that makes sense to you. Left-hand side is 13, the right-hand side is 14 and, then, your projects are all listed. De Weerd: You know, that kind of question came up when I was in Bedford Place in National Night Out, they wanted to know what -- what the plan was for Ustick, when that intersection would be done and, then, the various mile sections. So, I can now answer the intersection question. Do we have within the five year plan the section at least from Eagle to Locust Grove? It seems to me like we did. Hood: Madam Mayor, yes. Leslie Drive, because you have got the Kohl's and that intersection at Leslie is improved. So, Leslie to Locust Grove is in '15 or'16. Justin, do you know by chance? It's after the intersection. So, it's a year -- I believe it's a year staggered. They may be able to catch it up where it's -- you do the intersection and no one can tell that you're seamlessly going into the new fiscal year and widening the roadway. But it's just on the heels of that intersection project. De Weerd: Okay. Hood: Yeah, it is in the five year work plan. I'm sorry, I don't have that memorized, but -- I should bring that with me when I -- De Weerd: Really? Hood: Yeah. De Weerd: Council, any questions for Caleb on this one? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just a comment on your question about how we want to follow up with this with ACHD. You are so excellent at interpreting these and picking out things that jumped from last year or changed from last year, other than things that have been completed, that I have, for one, become to depend on you to point out things to us that we should notice. And I guess my thought about whether you need to bring those to us Meridian City Council Workshop August 14, 2012 Page 27 of 57 -- as you go through this if you see something that alarms you, I probably would like to hear that at a City Council meeting. If you look through it and say this is pretty much what you expected, it's moving along the direction we wanted it to, I still think it would be appropriate to send a letter to ACHD that says even that, that, you know, thank you for providing information to us, this looks good to us. So, either way I would support you sending a letter and if there is something in it that's alarming, then, I probably would like to hear about that. Hood: Madam Mayor, if I can start with the first and last part, I guess, of your comments, Councilman Zaremba. There is nothing overly alarming about what I see in the budget. In fact, in the memo everything seems to be pretty positive. The bullets that I have on page three are all advancing projects. Nothing is delayed. If there is anything that's -- and it wasn't even -- alarming is probably a little too strong. It's -- it's -- some questions remain still about the whole economic development and there is two million dollars that are kind of -- going to kind of be used as a set aside and how that gets implemented is a concern, but -- but we are so early in the process I don't think there is any reason for alarm yet, but just understand and being part of how that's developed and, then, implement it I think is -- is key and I can include that, probably, in a letter thanking them for, you know, seeing our project advance and budgeting them and we would like to be part of the process to figure out how economic development should be factored into future projects. So, if the rest of the Council is okay with that, I will prepare a letter and have the Mayor sign it before the 22nd, which is the public hearing. But, again, if it was something that looked out of place or I thought you would want to know it's slipping three or four years or whatever, you know, I would call that to your attention. But it all looks fairly positive, again, with the understanding that dollars are going more to maintenance than the capital project. So, we won't see a whole bunch of projects for too much longer. Zaremba: Well, Madam Mayor and Caleb, I -- from previously having been on the capital investment citizen's advisory committee, I'm well aware, particularly during the years where we had a lot of growth going on and ACHD was adding a lot of lane miles and even some of the work that they are doing now to add lane miles. We know that maintaining lots of -- not just the structure -- the number of lane miles they had in the county 15 years ago, but they have to maintain not only that, all the new lane miles as well. So, from my history with that it doesn't surprise me that continues to shift. I think most of the ACHD commissioners know that should they find at some time they need to not only change how they divide up their pie, but increase the size of their pie, I for one would be supportive of that as well. And there will come a point where their entire budget could go into maintenance and I -- you know, that's, hopefully, many years off. But because of the continued growth, if there are not enhanced revenues for ACHD it will eventually be a maintenance only operation and I understand how that's happening and I would support them in looking ahead of getting ahead of that. Hood: And, Madam Mayor, just one comment. I think the highway district is in a little bit better shape than the state, because the state is, essentially, there now. We are trying to maintain what they have. But ACHD at least can collect some impact fees and so Meridian City Council Workshop August 14, 2012 Page 28 of 57 there -- and they have to spend it on expansion of the system. So, I don't know that we will ever get to zero, but your point is well taken, that, you know, going forward you need to be creative with the dollars you already have and look at the potential for revenue sources if you want to see more expansion type projects, so -- anyway, so I'm going to do a letter and I expect to be -- have a positive vibe to it, so I will ask the Mayor to sign here in the upcoming work or so. So, I will move on to planning studies and design. Emphasis on the design part of that, because Franklin, Black Cat to Ten Mile Road project, which I'm on page three now of the memo, had just finished up concept design. Tim Curns, Jay Gibbons, they are both here in the audience and they have been partnering with me on this project, attending team meetings and public involvement meetings and we have thus far updated the Council and gotten some direction that it's okay to move forward with a couple of nontransportation elements on this project, but beings you're the first public involvement meeting having that concept report finished, we want to come back to you as we are sort of at a decision-making processing going forward where we need to ask the highway district to include certain elements in a project or not, moving into design and those three elements in this case that we have up to this point requested free of charge are detached sidewalks, center medians, and lighting. Now, we are talking about, again, the section of Franklin Road between Black Cat and Ten Mile. I think there might be a piece that annexed in there, but it's largely rural Ada County property in there on both sides of the road. A little bit different with this project. It is a federal aid project and the match rate is 7.34 percent. So, these elements -- we are talking about a small portion of the overall cost to these that would be actually a city responsibility if we choose to include them. So, for example -- and these are ballpark, high level cost estimates, but the lighting -- Tim would like to light the project or have lighting on the project. The cost to do that for this project are roughly 160 to 200 thousand dollars. Our cost would be roughly 12 to 15 thousand dollars to include the lights on that segment. Jay got me some high level cost estimates for the medians. There is about seven to eight feet they would actually landscape in the median at about five dollars a foot, you're looking at about 80,000 dollars. It costs us about 6,000 dollars to landscape the medians. You do have some design costs, but those are going to be minimal. Tim can do the design in-house for the lighting. The planter areas, detached sidewalk is a little bit -- we got thrown a little bit of a curve ball. It's a positive I think, but it's a little bit different approach. ACHD is looking to do a local -- or an LIDA, a low impact development on this project, which means they are basically trying to accommodate the storm water without using any pipes. So, we are looking at roadside swales and if they do roadside swales, then, they are going to need to put the material essentially that they need to in this project and have a detached sidewalk but you would be widened that buffer between cars and pedestrians, so the sidewalk would be ten, roughly, feet from the back of curb area. So, at this point we really don't know if the city would need to cover any of that, so -- or if we wanted to make it -- depending on what is the baseline improvement, we may come back to you and say, hey, native grasses look like weeds and we'd like you to do something different and, then, we may be on the hook to bring that up or, hey, we would like to have trees in there and we may have to buy the trees. But the maintenance -- it looks like the maintenance they will take over, because it's -- they are going to want to have some control over that. But I don't have a hard fast number yet on if that will cost us anything. But, again, if we do Meridian City Council Workshop August 14, 2012 Page 29 of 57 decide in the future to put any in we are looking at a seven percent match. So, seven cents on the dollar is a pretty good bargain to get a complete street and I will just, you know, pitch this a little bit. It isn't the Ten Mile interchange specific plan, we did get a little push back from -- well, I got a lot of push back from -- from businesses on -- on the mile back to the east. There was established businesses there and large vehicles there that, honestly, weren't thought through when they put medians in that section. This section is, essentially -- and no disrespect to people living there and there are a couple businesses, but it's a blank slate where they can be accommodated and Jay was at the PIM that I mentioned and talked to some of the folks and -- and they saw the medians and they understand they would be able to make a U-turn and I'm not going to say that they were all positive comments, but they certainly weren't all negative either or they were more positive and understanding that, hey, the long term benefits of this outweigh some of those inconveniences of me having to, you know, make a U-turn here occasionally. So -- so we look for some direction from you. We will be -- and you don't have to necessarily give us that direction today, we will come back with a cost share application that we will need to put forth to ACHD to officially request whatever elements, but if you know any of those are a no go now, if you wouldn't mind sharing that, that way we don't continue to show interest to the highway district I'd appreciate that or if all of them you're fairly comfortable with or fully supportive of, I would take that -- that feedback at this point, too. So, I do have -- if there are any questions on cost estimates or anything like that or maintenance, obviously, would be part of the center medians, but Jay seemed to think that would be minimal, but -- anyway, I would like to pause and see if you have any comments on those non -transportation elements moving forward for this project. De Weerd: Council, any comments? Hood: Quiet afternoon I think with Councilman Bird not being able to speak too much, but if you have any other comments you want to e-mail or however else, too, I will accept those, so -- Hoaglun: Madam Mayor, I guess -- and, Caleb part of this will come back to us via discussion with department heads during budget setting, because I know for center medians and if they are landscaped, you know, Steve from parks, that impacts their budget and they have got to find the money and, you know, we have this process, so I guess that's going to be part of that process as this moves forward. This is, what, FY -16? Hood: Right. Hoaglun: So, you know, as long as they know what's coming and we can -- we can work that with them -- I mean if we hear push back from department heads saying, whoa, this is getting to be too much, then, I think that's where my concern would come into play. But for right now I think we need to move forward with this approach. Hood: And, Madam Mayor, Councilman Hoaglun, I can appreciate that and I haven't Meridian City Council Workshop August 14, 2012 Page 30 of 57 talked to Steve in that instance with parks, but -- Hoaglun: I was just using him as an example, so -- Hood: Sure. Will, it's really Tom and it's on Steve, somewhere that will come to a head. I just want to -- a little disclaimer there that you certainly do have -- up until it's time to budget and pay for these things you do have the option to opt out. The down side, if you do -- if you say design with this and we opt out in two or three, four years, when it's time to actually come up with money, we would be on the hook to redesign the project, to put it back to what they would have given us in the first place. So, I don't know what that would cost, but there would be some fee that we would be charged to redesign it, unlike the Franklin project where they just said, okay, we got to go back there with no medians -- in this case we would have to pay somebody to put it back with no medians there or attach the sidewalk or whatever the case may be. So, I just want to point that out. There would be some cost and in this case it would probably be less than your match rate, but, anyways, I just want to point that out, because, you're right, the hard costs are really on the back end, but if you change your mind anytime in there -- Hoaglun: Okay. That's good to know, Caleb. I appreciate that. And I guess for department heads for them to know that -- and I know you communicate this, so maybe they are looking at their capital improvement plans, you know, knowing that's out there a ways, that if we see concerns as they present their CIP to us next budget cycle and we are looking down a couple years going, you know, maybe we ought to rethink it now for what's being -- I don't think this one is going to be that big of a deal, but there may be some project that that's how we have to approach it, so are we looking far enough down the road to see the big things coming. Hood: Thank you. Okay. De Weerd: You know, Caleb, I guess it would be helpful for you and staff -- the various departments that are affected by upcoming projects -- anticipating what some of those expectations or cost share discussions are going to be and, then, come back and walk through project by project so we can even start projecting maybe even into our capital improvement plan -- a plan of what costs are going to be and if we are willing to do that and -- because we do that with all of our capital projects so we are not caught unaware and that we are saving and expecting those costs. That way you can definitely include it in our planning process. I would like to see more of that approach, so we know what we are getting into. And as Finance does with all of our other capital improvement plans, build in the ongoing costs into those discussions as well. Hood: And we could do that. I just want to let you know, too, just recently, within the past couple three months we have actually established an SOP between -- primarily between Planning Division, Public Works, utility coordinator Tim Curns and parks, Jay Gibbons. Because those are the three that really are -- it also includes police and fire, but -- but that way everybody is in the know and in the loop and you can start budgeting and planning far out in our CIP and, you know, 20 years out, okay, these are the Meridian City Council Workshop August 14, 2012 Page 31 of 57 projects. We haven't got to the level of all the elements that will be included with each project and cost estimates, but as the project goes into concept we can communicate and understand, then, here is an element we would like to carry forward. Right now the only -- this project is the only one with center medians in the rest of the city. There may be one other section -- one other mile section, but pretty much this is it for planned meetings. Now, the Council anytime can say, hey, we'd like to have medians as you go into design something else. But right now we don't have any other plans that call for center medians and we always start off at least saying we'd like detached sidewalks. So, that's kind of a given where we would like to start. Street lights we can give Tim. I don't know how he decides when street lights are appropriate or not, but just so you know those are pretty much the three -- De Weerd: He does have guidelines for it. It's not hocus pocus stuff Hood: Yeah. De Weerd: I don't think. But it's detached sidewalks, it's lighting, it's going to be even if there is -- oh, wow, I just lost it. That's scary. Oh. Bicycle paths. Because I hate on -road bike paths, as everyone knows, and looking at -- at that piece, too. Hood: Okay. De Weerd: So -- Hood: And that's -- yeah. We can certainly take that coordination to the next level and include it in the budgeting and forecasting and things, too. I didn't know, though, that you weren't a fan of on -street bicycling, so that is -- De Weerd: They are not -- they are safe. And anyone who wants to ride in them they are going to ride in the middle of traffic anyway, so it's -- if we want to change for future generations to be bike riders -- parents are not going to put their kids on the road. They are not going to ride bikes. And until you get a safer system for bicyclists we are not going to change behaviors, so -- and we are a family friendly community and I will not put my grandkids out on those roads on their bikes. It's scarier than all get out. Hood: And I -- yeah. I can't argue with you there. I think a lot of those cases, you know, are meant for commuters. Adults. But we need to also accommodate other nondrivers. De Weerd: And I know commuter bicyclists they -- they will ride in traffic, the bike lanes, and recreational bicyclists far exceed those that are going to go put their life at risk out on our streets. Hood: Well, we need to have -- we need to further that discussion, then, just -- not now necessarily, but just because the standard now with the highway district is to have a five and a half foot on street. That's not at our cost, it's just you get that. If we want to look Meridian City Council Workshop August 14, 2012 Page 32 of 57 at something that makes it ten foot and detached so it's more like a multi -use path, greenbelt type thing, we can explore that. There may be, you know, implications and we may have to step up with more cost share type things, but we can -- we can -- De Weerd: We can save the pavement on the street and put it next to the -- Hood: A lot of it shouldn't be any -- any different. As you bring it back to intersections and things like that you may, but we can explore that some more. I just -- I didn't know you weren't a fan, so now I know. Zaremba: Madam Mayor? De Weerd: I swear at every opportunity I will state that. Yes, Mr. Zaremba Zaremba: Two things. Just as a thought, I think you're right and way back in past history I was a bicycle commuter myself and I mixed it up with the traffic. You -- the issue anytime you're talking about mixing pedestrians and bicycles and cars are the different speeds that they all travel at and the difference between recreational bicyclists and commuter bicyclists, they -- the commuter bicyclist is more moving at the speed of a vehicle and trying -- trying to do the things that a vehicle would do. When I was doing it I just wanted to make sure that was safe as well. But I certainly understand that the difficulty is all the different speeds that the different components travel at. That was one subject. The other subject is on the similar subject of alternate transportation -- and this comes up at Valley Regional Transit meetings -- they have recently revised their bus stop requirements to comply with ADA requirements about what size the pad has to be at a place where there is a bus stop. Now, Meridian is not yet heavily into having bus transportation, but somewhere in our thinking of what's going to have to be either in or adjacent to right of ways, I think we need to start anticipating where a bus system would go if it did and start talking about adequate -- at least leaving a space for an adequate bus stop, even if we don't require somebody to put the bus stop in. So, that -- in some places that's in addition to the sidewalk that's there, but we need to factor that in at some point. Hood: Yeah. That's a tough one. We thought about it. It's -- you're sort of stuck between a rock and a hard place there, but you can't -- you don't know where buses are going to necessarily want to go or -- and can't require that with development, planning and designing that and preserving that. I can look into some more, I just -- I don't know how we can accommodate a future that we don't know what it looks like or what the need may be for pull outs or in line or how that's all going to -- I mean I don't think they want bus pull outs, but -- but accommodating all the users at that intersection of bus, ped, traffic, it will -- we will look into it and I will probably involve you in that discussion. Zaremba: I agree it's a challenge. De Weerd: Yeah. I -- Meridian City Council Workshop August 14, 2012 Page 33 of 57 Zaremba: Not only in forecasting, but in -- in even considering it. De Weerd: Yeah. Certainly our two Valley Regional Transit representatives should be part of that discussion, but I will go back to the bike path is we don't have to reinvent the wheel. I -- my husband comes from a country that they have off-street bike routes that are also pedestrian and they don't have conflicts and maybe it's because they have done it for decades or centuries -- when was the bike invented? But, you know, it's not something new. But if we want a generational change and if we want to turn recreational bike -- bicyclists into commuter bicyclists, they can ride on the same facilities, but you will never have a generational change if we keep our systems the way they are today, because they won't start when they are young. Hood: Well, Madam Mayor, I appreciate those and I'm glad also that Justin is here, because he is the right guy to hear this conversation and I will get with him and we will -- I'm not going to promise that we will change the world overnight, but we will have a discussion anyways about what we can do differently. De Weerd: I have all the confidence in the world in you, Caleb Hood: Okay. I will try anyway. De Weerd: And Justin. Hood: Moving right along to some positive news. And I'm going to combine -- I'm still on page three of the memo. The Meridian interchange task force with the first one under ITD projects. The task force is working on sending a support letter to ITD on the draft 2013-2017 ITIP and that is the -- the point of the ITD projects that the comment period is currently open for those of you that have been under a rock or out of the county or whatever. Meridian Road interchange is in the draft ITIP at ITD and the comment period is currently open and so I have crafted a letter and that's the last thing in your packet and this is the one I told you at the beginning of my presentation that I'd like you to spend a little bit of time looking over. We have some time. We have until the end of the month to actually submit something to ITD, but I would encourage you to read the draft letter -- it is draft and give me any comments you have. It is -- essentially supports the interchange being in the draft ITIP and I'd like to send something over to them -- to the state here again by end of the month, so if you have comments now -- it looks like the Mayor does -- and I will pick those up as I leave the podium. But I would like to work with Robert and make sure that the Council is okay with me obtaining the Mayor's signature and shipping it off. The other thing I would encourage you to do is individually comment, then, to the state of the draft [TIP. You can -- you can comment -- comment at itd.idaho.gov and send your comments on the ITIP and that's -- right now they have -- similar to our website they have three pictures that scroll on their main page and one of those is a linked comment -- review and comment on the ITIP, so -- De Weerd: Caleb, if you will maybe send that link via e-mail to each of the Council Members and myself and they can just click on it and type away. Meridian City Council Workshop August 14, 2012 Page 34 of 57 De Weerd: Okay. Hood: And I will continue to work with -- with the Mayor's staff and any other comments that trickle in here on that draft letter, so -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would say that looking through your draft letter to ITD I'm in favor of it. It looks good to me. Hood: I just -- before we leave that topic, I do -- you know, this letter is pretty much supportive of the project. I'd like to explore with you a little bit at this point a follow up letter, assuming that this project becomes a project or stays a project at ITD about some of those elements -- I will say cost share, because everybody knows what that means at this point. Elements potentially for Meridian Road. With Ten Mile I wasn't involved through that whole process. Steve I think led a lot of the charge there and Matt Ellsworth to an extent as well. I wasn't as involved in that. But it will be time soon so that ITD -- you know, if we are interested in things like landscaping or any other esthetics esthetics -- the form liner that was used with the family -- I think they are holding hands -- walking along -- you know, if we want any of those types of things -- you know, I think we still have that form liner that we could probably just say, hey, we would like to replicate that or buy a new one, things like that, though. If there are any elements that -- again I will say more esthetic elements. There are some other things like pedestrian environments and things like that that we would like them to accommodate, but those things that -- they probably aren't going to address unless we ask for them. We will just get native grasses or -- you know, they will seed it. If there are things like that that we should be including in this. Again, the time to ask is going to be coming up September, October time frame, because this thing is going to move fast. So, I just want to plant that seed. I don't really know how to proceed forward with this, because it's such a moving target and, again, it's going to go so fast, I don't know how we get into the mix with that, so -- I'd also in that same letter -- draft letter -- at least draft in my head -- encourage them to go with design, bid, build type of process that we can be at the table and we can provide comment -- review and comment on some of those elements, rather than just design, build, and we are probably going to be pretty much cut out of the whole process about what we would like to see included in the interchange to meet our community's needs. And that would be the other kind of overarching theme for that letter would be, hey, we'd like to be a partner with you in this project, so, please, let us know how we can assist you and that's what I would like to send, again, that letter after the ITIP is adopted. So, we need to start thinking about some of those things that maybe we -- we'd like to see included with this project or maybe not, but if there are some I'd like to send another again the first of the fall. It's Meridian City Council Workshop August 14, 2012 Page 35 of 57 probably District Three and just say, hey, can we partner with you. So, I don't know if you have any comments at this point or not, but I just wanted to put that out there, so -- the last couple of things I just wanted to update you on that aren't in the memo. The downtown Meridian neighborhood pedestrian bicycle plan, there is a draft out there that Mr. Lucas will have ready for public comment and agency comment. I have already looked at the draft draft and commented back to him, but it will be posted on the website. This is the downtown area where they -- there was a public information meeting held at Meridian Elementary in June and this looks at all pedestrian facilities and bicycle facilities in the downtown area and, then, go work those into the community programs and budget process. But, anyways, that plan will come back in September with Justin and present that draft plan to you and, then, he will go to his commission and sometime the end of the year, first of next, we will have a comp plan amendment where we cross-reference that plan -- that infrastructure plan going toward a new comp plan. So, it gets incorporated into, essentially, ACHD's programming process, but I wanted to quickly update you on that. And, then, to follow up that we have a right-of-way encroachment with the businesses and anybody else that wants to come tomorrow afternoon 3:00 p.m., Conference Room A, to discuss use of the downtown sidewalk realm. So, that's moving forward still and -- not necessarily transportation related, but in public right of way, so I thought I would let you know that that's going on tomorrow afternoon at 3:00 o'clock, so -- with that, Madam Mayor, I will stand for any additional comments or questions the Council may have. De Weerd: Thank you. Council, any questions? Hood: Thank you. C. Legal Department: Discussion on Traffic Safety Commission Recommendation for No Parking on Ustick and Meridian Rd. Adjacent to Settler's Park De Weerd: Okay. Thank you. Item 8-C is under our Legal Department. I will turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. I'd like to introduce Ryan Lancaster. He's the vice -chair of our traffic safety commission and he will actually do the presentation of this item, but to just introduce it, we have had a recent discussion in the traffic safety commission in regards to parking adjacent to Settlers Park on both the Meridian Road side and the Ustick side and we had a recommendation from the commission that we wanted to bring forward to the Council. If the Council would agree, then, we would communicate that to ACHD. So, if it's all right I will turn it over to Ryan for the presentation. De Weerd: Thank you. And welcome, Ryan. Thank you for being here. Lancaster: Well, thank you, Madam Mayor and Members of the Council. It's an honor to be representing the traffic safety commission. As Mr. Nary said, I'm Ryan Lancaster. Meridian City Council Workshop August 14, 2012 Page 36 of 57 I'm a citizen member of the traffic safety commission, as well as my occupation is I'm a professional engineer and a professional traffic operations engineer, which I think means I know almost about -- almost as much about transportation as Caleb does, so -- and I am here to talk about parking adjacent to Settlers Park. Just a little background about why I'm here talking about it. At our May commission meeting this topic was discussed at length, as well as in our July meeting. I believe this originated with a citizen request to the -- I believe to the Mayor's office that was forwarded to the traffic safety commission. So, that was discussed because of the citizen request, as well as a presentation by the Meridian PAL sports people requesting that something be done about parking near the park and there was an additional presentation by the Parks Department regarding their plans for additional parking west of Settlers Park. At our July meeting we unanimously made a recommendation that parking should be restricted or prohibited adjacent to the park and I guess I will also bring up -- you know, this has to do with intersection safety, sight distances. I think, you know, there has been some increased awareness in our community recently after some tragic events, a death of a young person in our community and, you know, I don't want to make light of that or by any means reduce the severity of that incident, but -- and nor do I want to make this sound like a knee jerk reaction that suddenly we should go fix everything, but it does bring to light some concerns that may be present near the park. This is just an aerial photograph of the park. I'm sure you're all familiar with it. This is Settlers Park. On the right side of the slide is Meridian Road. On the south -- or, I'm sorry, on the bottom of the slide is Ustick Road. Currently vehicles park particularly during sporting event times they park adjacent to the pavement on both Meridian Road and Ustick Road on both sides of the road. This is just an image I pulled off of Google Street view and this -- let's see if I can work this fancy board. So, in this area here and over here and, then, beyond the entrance to the park that's currently where vehicles are using as parking and I want to make a distinction here that throughout this -- you know, this recommendation we are not saying the recommendation should be to remove parking, you know, this isn't parking per se, this is, you know, public right of way that's being used as parking, but it's not parking stalls or, you know, designated parking. So, I just wanted to make that -- that, you know, designation clear here at the -- at the outset. Okay. If I can figure out how to -- there we go. So, this is what we are talking about. So, particularly the driveways -- or the approaches into Settlers Park from Meridian and Ustick Roads. This diagram shows sight triangles. So, basically, the shaded gray area. These areas that should have no obstructions in them or very low obstructions in them, so to not impair driver's vision. Currently, you know, there is vehicles that park in those sight triangles, thus restricting their vision, the vehicles leaving the park. This is from the main guidebook for roadway design. I'm not going to read this to you, but, basically, it says, you know, within these sight triangles as many obstructions should be removed as possible, including buildings, parked vehicles, hedges, trees, bushes, unmowed grass, fences, and the terrain itself. I'm not going to tell you what this equation means, but just so you know, you know, this is all based on studies and, you know, research, it's not just made up stuff that we are talking about. So, that equation leads to these distances, so we are talking about this B distance or the amount -- or the length of area that has to be clear of obstructions. So, I have circled 35 miles per hour and 40 miles per hour here, because those are the posted speeds on Meridian Road and Ustick Road respectively Meridian City Council Workshop August 14, 2012 Page 37 of 57 at this time. We are going on the posted speed, as opposed to the prevailing speed that's being driven for -- you know, theoretically those are the same, but we are going on the posted speed. So, what this means is, you know, a distance of 335 feet needs to be clear of obstructions for right turning vehicles, so the -- this is the sight triangle to the left of the driveway or 385 feet for Ustick Road. And, then, there is an accompanying left turn site distance, which is a little bit longer, probably because the turning movement is longer to make for a left -- left turning vehicle and so that the distances given here are a little bit longer. Now, I do want to point out while, you know, this B distance is shown, that doesn't necessarily restrict the ability to have parking in this area that I just circled in red. You know, it can be restricted. ACHD may elect to do that, but they don't necessarily have to. It's this -- this area right here that is really the concern for safety. Oops. Now what did I do? There we go. You have these fancy toys here. De Weerd: You do better than our staff does, so -- Lancaster: Well -- so, here is, again, the aerial photo of Settlers Park. So, with that knowledge of where these sight triangles are and what they mean now, this is just a visual representation of what those sight triangles would look like. I have shown them in red. I realize it's kind of small here, so this is zoomed in a little bit. This is on Ustick Road. So that minimum distances that would need to be -- have parking restricted here are shown -- some of the dimensions don't show up too well, but, basically, 140 feet either side of this west driveway or approach and, then, 100 feet or 140 feet at the east approach. Those are minimums. The maximum being the 390 feet or the 445 feet that was shown on the tables before. Same with Meridian Road. You know, roughly 300 feet minimum there. These yellow rectangles that I show are the size of passenger vehicles. So, that's where passenger vehicles could begin to safely park. Hoaglun: Could we jump back one more to the very first one? I just had a question right here. Lancaster: Okay. Hoaglun: Yeah. The one -- the main one coming out from the ball field, the one on the left, is 140 feet and, then, the one coming by the tennis court it's 100 feet. Lancaster: Yeah. Hoaglun: And why is that one different? Why is that not 140 feet as well? Lancaster: That's a good question. The geometry of the road is a little bit different there. You know, there is a right turn lane there, so the road is a little bit wider, so this -- that triangle is a little bit different shape and it, you know, departs from the road quicker. Hoaglun: That's right. I don't know why I forgot about the right turn lane, because when people are -- when you're headed east on Ustick Road and someone is turning left and you're backed up by the Chevron station wondering why there is a right turn lane and Meridian City Council Workshop August 14, 2012 Page 38 of 57 not a center turn lane -- I forgot about that. Lancaster: Yeah. Right. I can fix that for you, but -- Hoaglun: That would be awesome. Lancaster: So, the proposal from the commission, then, is to post no parking anytime signs in these areas, somewhere between the minimum distances that I have shown -- and these are approximate minimum distances, by the way. And, you know, the maximum distances shown in those tables. So, it would eliminate, you know, a fair amount of what is now used as parking adjacent to the park. It wouldn't eliminate all -- I mean it could be. There is no reason why it doesn't have to be, but that's the recommendation from the commission and I thank you for your question. If you have other questions please jump in as well. But some other things that I think need to be considered -- you know, this is a safety issue. It's -- this is really -- you know, these parking prohibitions are probably something that should have been in place since the day the park opened. You know, the fact that they haven't been isn't necessarily neglect on anybody's part. I don't think it is. You know, in general we don't post signs unless you need them. You know, so now that the park's been open for a few years and there is sort of familiarity with the users and there is an issue recognized -- a safety issue recognized, you know, now it's probably appropriate to -- to place these -- the restrictions. I also wanted to mention just briefly, you know, luxury versus necessity. You know, the former director of ITD used to talk about, you know, building a Cadillac Road versus a Chevy road; right? You don't always need all the bells and whistles. To me this isn't, you know, bells and whistles, this is, you know, the standard equipment that we should have. You know, you expect your Chevy to come with windows; right? And this is, essentially, what we are providing is the windows for the driver to exit the park. A concern might be, you know, where does this parking go after it's been displaced. You know, it's my understanding that currently the -- the parking structures there at the park are somewhat underutilized, but there is concern that, you know, these vehicles will find other places to park on the road, whether across the street or now crossing Meridian Road or Ustick Road may become an issue or displacement of just parking to -- to neighborhoods adjacent to the park, particularly the neighborhood just to the north. If I go back to this picture right here. This area right up here you can imagine may become a destination, if it's not already, for some of that parking. So, it may be advantageous to place parking restrictions there as well. So, there are some consequences that come with it. I think they are minor in relation to the safety benefits, but they are there nonetheless. You know, I have mentioned there as well potentially upset park patrons. You know, the Mayor's office may receive more complaints than usual. This happens. Until, you know, people get used to it at least. And, then, finally, you know, enforcement is an issue as well. You know, it doesn't make any sense to put up no parking signs if it's never enforced. John Gonzales, an officer with the police department, is part of the commission and he seems to be supportive of this. He was part of the unanimous vote to make this recommendation. So, our recommendation, then, is for the city to request that ACHD restrict parking on Meridian Road and Ustick Road on these sides adjacent to the park, not necessarily the opposite side, although Meridian City Council Workshop August 14, 2012 Page 39 of 57 parking restrictions could be placed there as well -- for at least 300 feet on Meridian Road and, then, a combined -- what is that -- just over 500 feet on Ustick -- on Ustick Road. So, that's the recommendation of the traffic safety commission that we bring to you as a council and ask that you make that request to the Ada County Highway District. With that I'm open to any questions that you might have. I hope I haven't bored you with all this engineering jargon, but if you have any other questions I would be happy to answer them. De Weerd: Well, Ryan, I greatly appreciate the detail and the time and effort you put into this presentation. It was very helpful. I certainly agree with it and I know it was a result from a concerned citizen that lives on the other side of -- south of Ustick in regards to safety and he had a couple of other things, but certainly think this is a great start. My concern continues to be parking on the south side of that street. I think we have all driven down Ustick and had the parking on both side. I think parking -- if we are going to allow any until that road is improved, belongs on the north side, not on the vision triangles, but on the north side, because the problem is if you have parking on the south side of the street you have kids between cars wanting to cross the street where they are not supposed to cross the street, that's 40 miles an hour and, you know, in my opinion it's recipe for a disaster and so I agree with the parent that brought this up and asked for the discussion. So, as -- as we are making recommendations for those site triangles I think it's equally important to prohibit parking on the south side of the street and on the east side of Meridian Road, because we have created an attractive nuisance, if you want to call a park that, and I would never call a park that. But people are people and regardless if there is parking available in those parking lots, they want to get closest to the field they need to be to and the least amount of walking as possible and we need to give our police officers enforcement tools by signing that, that they can start ticketing or telling to keep that area safe. Lancaster: And I would agree with restricting the parking on the opposite side of the road as well. You know, this recommendation that came from the commission was what we could all agree on at that particular time. So, you know, it's -- I would think it's certainly appropriate to ask ACHD to restrict or prohibit parking on opposite side of the road as well. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Was there a reason why they didn't address that east side and south side parking on Meridian and Ustick? Lancaster: I think the -- one of the reasons is, you know, we are asking for these parking restrictions for safety for that sight triangle, that the driveways on the east side of Meridian Road and the south side of Ustick Road, those sight triangles are slightly encroached upon, but not to the same extent as they are on the driveways to the park and so it's not quite the same safety issue, if you will. So, I think that's the only reason. Meridian City Council Workshop August 14, 2012 Page 40 of 57 De Weerd: I guess, Ryan, in terms of the site triangles that's correct, but it doesn't -- it's not the same scenario on Meridian Road, which is wider and it has better shoulders and certainly on the east side of Meridian Road you have a sidewalk that will connect the pedestrian or the child to the intersection -- we know they don't do that, but at least they have a safe route to the intersection to cross there. On the south side of Ustick there is nothing. There is a very narrow shoulder. There is no sidewalk. And so even if we were to say there is a safe route to a safe crossing, there isn't. So, we don't want people on the south side of Ustick and trying to get to where it is legal to cross, let alone encouraging them to illegally cross it, because they can't get to the crossing. So, that's the urgency, in my opinion, and Steve might have something to add. Siddoway: Thank you, Madam Mayor, Members of the Council. This is an issue that's familiar to us. We have been wrestling with it for some time. This is the first time I have seen the actual recommendation, so trying to process the actual distances, but I can tell you I came with -- having formed my opinion of the south side of Ustick Road being an important one to restrict parking on, because of the kids that -- just the people, not just kids -- the people that run across that road. I am supportive of restricting parking on either side of the accesses into the -- into the park. I was hopeful that we would keep -- try and keep some of the adjacent parking, because I think if we eliminate too much of the on -street, if we call it that, parking right adjacent to the park, we will be pushing that up into the subdivision or don't know where. But -- so, the distances are perhaps a little bit longer than I was anticipating, but they are not that long. I think it could -- could go with these. It's probably four or five car lengths back from from each side of the entrance. So, getting a better visibility as you're pulling out is is important and I this has some engineering before it. One question, if I address Mr. Lancaster, is the the tables seemed to be a road -road intersection, major road, minor road and I'm wondering if my -- if the driveways for the purposes of that table count as a minor road or if driveways are something different than a minor road. Lancaster: No. That's a good question. The -- in this case the driveways would be what we consider the minor road. We are treating these approaches or driveways like a major road or a minor road intersection. Yeah. Siddoway: Okay. Lancaster: So, that's more or less how they function. Siddoway: So, I'm definitely supportive of, you know, keeping some no parking areas back from the entrances and definitely supportive of the opposite side of the street being no parking and I know as a result of that we need to think about what our -- what additional parking opportunities are available. So, Mike and I came prepared today to present to Council some of the -- the additional parking scenarios, including temporary parking or future permanent parking. I don't know if the Council wants to hear or discuss those today or if you would like that for a future discussion, but we do have some plans and some draft cost estimates available. Meridian City Council Workshop August 14, 2012 Page 41 of 57 Hoaglun: Madam Mayor. I do, Steve if it wouldn't take too long, but -- and also the time frame for that. I mean we can, you know, do this as fast as ACHD gets to it, but, then, we are waiting four years for a parking lot to come about, it's -- it may be something we just have to live with, but I certainly wouldn't mind. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I agree. And I would just comment as we start into this, as a person who drives a reasonably low car where I sit fairly low to the road, I'm very sensitive to the sight triangles. They seem to affect me more than others and these particular areas when I drive through here I just hold my breath and it isn't just how well the people entering and exit the driveways can see, but when I'm through traffic I'm concerned about the turning traffic sneaking up on me as well and the kids, you know, darting out between. So, I appreciate the effort that's begun in this and perhaps this is something Steve is going to get to. I was going to ask -- at one point we talked about trying to develop a parking lot that will eventually be part of a future school and I was going to ask how that is going. But I guess one of the things that makes this decision even a decision is this is a park that's kind of a victim of its own success. I mean why do we have this many cars coming here? Well, people love this park. They want to come here. They want to do things in this park. And from a safety standpoint I think it is necessary that we do fix this problem. I know it certainly helps me personally in my own travels through that area. But as Steve is about to do, we do need to discuss where they are going to park. De Weerd: Well -- and I will tell you, Council, it's not just the parking, it is -- as maybe we need to mark it under lessons learned, because as we approve subdivisions on streets that are not improved and they are not on the five year plan, we have to give our kids safe routes to schools and to the parks, because that is a huge attraction to the parks. There is on -- and I won't ask to switch back to the picture that was just there, but on the south side of Ustick there is a minor street that is just across from one of the entrances into our parking lot and there is only 13 homes on that -- on that subdivision right now, but when -- I think that's 3rd or 4th Street. When that's connected it's going to connect to a number of homes and that's the route that kids are going to take and if you look on the south side of Ustick, as I have already noted, there is not a sidewalk to be seen along our park property to get the kids from those subdivisions or even where those apartments are being built on Ustick just to the west of the park on the other side of the street. You know kids are going live there. How are they going to get to the park? And so like we have said in the past as we looked at subdivisions coming on line that are close to schools and with no sidewalk connections, we might want to consider that to our parks as well. So, again, how do we keep our kids safe. Lancaster: And, Madam Mayor, if I can address a couple of the comments made. You know, the comments that you and the Council have made are appropriate. I think we Meridian City Council Workshop August 14, 2012 Page 42 of 57 are mixing a couple of issues or problems that are solved similarly, but not necessarily, you know, the same. This presentation that I have made in this recommendation at this time at least from the traffic safety commission is related to vehicles and providing that sight distance for drivers. De Weerd: Yes, we do have two different topics. Lancaster: Right. Yes. So, it's not specifically addressing pedestrians or crossing Ustick or Meridian Roads. You know, there are those doing the same thing, right, restricting or prohibiting parking, but -- De Weerd: Well, however, once you put a car on the other side of the road it's usually driven by people that are parking there to go to the park, so, then, they become pedestrians, Lancaster: Right. Right. Yeah. But we have approached it with just, you know, the driver in mind at this time. The ultimate scenario here is that both Ustick Road and Meridian Road will some day be widened to five or -- five plus lane cross-section, you know, with curb and gutter and all of the parking will go away. So, you know, that's the ultimate, you know, scenario for what will happen here. You know, these are all sort of interim solutions I guess. Safety measures. So, I guess that's -- if there is no other questions for me I thank you for the opportunity to present on behalf of the traffic safety commission and it's my professional and my personal recommendation, as well as the recommendation of the traffic safety commission to request from ACHD to restrict or prohibit park -- some of the parking at least near Settlers Park. De Weerd: Thank you, Ryan. And thank the commission on our behalf for looking at this first piece to the vehicle safety aspect and those sight triangles and, I agree, it should have been done as the park was put in and we do have to mark that under lessons learned. Lancaster: Thank you. Hoaglun: Madam Mayor. Ryan, before you -- are you sticking around to listen to this presentation? Lancaster: Sure. So, if we have questions that might come up you would still be available? Lancaster: I can be here for you. Hoaglun: Okay. Thank you. Appreciate that. Siddoway: Madam Mayor, Members of the Council, we have been looking at parking options adjacent to the site. The first one is in conjunction with the school district. This is the school district property. It's between the ball fields in Settlers Park and Venable Meridian City Council Workshop August 14, 2012 Page 43 of 57 Lane on its west. The school district earlier this year did sign and offer an easement to the city on this property for a temporary parking lot with the basic caveat that we agree to take on the maintenance of the weeds on the balance of the site. So, they give us the right to build parking, we mow the weeds on the site in return and, then, we have to remove the parking when they are ready to build the school. This was the first scenario that we came up with. We have met a couple of times with Perry Palmer in the fire department. One of the issues that we have with this scenario is the long driveway and being off the street. We would be required to construct this to fire truck standards, even though it's a temporary parking lot. The cost estimate for this one, which is basically ten inches of pit run over four inches of -- or four inches or recycled asphalt over ten inches of pit run, is a little over 60,000 dollars, plus whatever contingency based on one bid. So, it's a 60, 65 thousand dollar solution. The school district has no plans in their five to ten year work program to anticipate building this. We would probably get several years' worth use out of it. We, then, did look at a different layout that put it right up against Venable Lane. The pro is that it cut the cost almost in half. The estimate for this one is about, you know, 36 to 40 thousand dollars and it's -- it doesn't have any of the pit run that would support a fire truck, because it's all within fire hose length of Venable. So, this is just basically recycled asphalt over a compacted sub grade. So, this is a 35 to 40 thousand dollar solution, as opposed to a 60 to 65 thousand dollar solution. We have had one meeting with the both MYB and PAL representatives to see if they could participate in this. I still haven't got a formal response, but they certainly aren't able to fund the whole thing or a majority of it. I have identified 40,000 dollars -- or up to 40,000 dollars of our Settlers Park budget that -- cost savings from Settlers Village Square phase one that we could divert toward this project if it was so desired by Council. So, there is two scenarios. The real down side of the proposed parking that you see here is that it is still quite a walk from the field and if the -- if the intent is to get the new parking as convenient as possible so that people will use it, this is still going to be quite a walk, you know, across the rest of that school district property, so -- Hoaglun: Madam Mayor. Question, Steve. This one looks bigger than the other one in terms of the -- but it could be my imagination. Is there a difference -- how many spaces were you looking at here? Siddoway: They are both 150 parking spaces. This one is longer. If you look at the other one it has -- see, this one has a single road in the middle. The other one has -- has two roads in the middle. They are both designed to be 150 parking spaces. Hoaglun: Okay. Great. Thank you. That was actually Councilman Bird's question, but -- Siddoway: I think the scales of the maps are a little bit -- this is a little bit smaller than this one. If you just look at the size of the school district property it actually -- just the way it was printed, it printed a little bit larger. Hoaglun: My thinking, Madam Mayor and Steve, is the same as yours. You know, the whole -- why people are parking along the road is because they want to be close. I Meridian City Council Workshop August 14, 2012 Page 44 of 57 mean they want to be right there by the field, because many times on weekends when I have gone by and there is a tournament going on and you look at the parking lot along Meridian Road and it's half full or half empty. I mean there is room and people just need to walk through the park and -- but they want to be right there and access to their vehicles and that sort of thing. But, you know, it does give an option to get closer. I don't know if one of the options is if we have 40,000 dollars this is the option, but if the other two groups can kick in money and we get to the 60, then, we can move it closer and do it that way. Or if we just say this is the money available and that's how it's going to have to be, they are just going to have to -- have to walk. I mean they are going to a park, they need the exercise; right? So -- Siddoway: I have a couple more to share with you real quick. If there is a concern over putting the money towards temporary parking and you want to look at permanent parking solutions, we do have the overflow parking lot, but it's on the -- it's up against Meridian Road, so we are now talking about the Meridian Road side of the park. In that area up against Meridian Road we have -- we have a grass area right now that's been designed as overflow parking and to accept parking in the future. We can get 125 parking stalls in there. The total cost for 125 permanent parking stalls, though, is a little over 350,000 dollars. So, we, then, looked at what could we do to to reduce that and if you kind of envision two halves there, so if we were to build the the north half, that estimate is about 220,000 dollars and if we were to just build -- the south half. North half. Yeah. If we were to build the other half, then, that one comes out at about 180,000 dollars. I will also just add for the discussion that we were before Council last month talking about the tennis project and as part of the tennis project we do anticipate adding 36 stalls as part of the tennis complex right there along Ustick Road. So, we do anticipate that one happening. We have the easement in place that would allow us to construct the -- you know, either of the two temporary parking scenarios near Venable that would be closer to MYB and help them and, then, the permanent parking would actually be of most benefit to PAL in the spring and fall when they have flag football. That's when you see that area really full and we currently restrict the number of games and they are actually turning kids away from their flag football program based on available fields. We would be -- we have space for it, but not parking for it, so we are holding their -- their programs back a little bit right now and if we were to add permanent parking they could open more fields and accommodate more kids, so lots of different options here. Hoaglun: But, Madam Mayor, one of the options that you showed with the parking along Meridian Road and the big price tag, of course, the other day driving by I saw in that grass area there was a football team and a soccer team practicing in that grass area. So, we take out green space to put in parking and, you know, we are squeezing that balloon, whether it's parking or activities, where do they go? They are going to go somewhere and sometimes that's a little unpredictable, but -- Siddoway: It is. And that area does get used for -- for practices. There are usually other areas they could move to out of it, but -- but it is used, so it's a trade off for sure. And we use it for overflow parking on some of the biggest nights for -- of movie night Meridian City Council Workshop August 14, 2012 Page 45 of 57 already. It does have a curb cut that's already been built into it on -- right at this location with the existing parking layout. So, it has been designed to accommodate permanent parking, but right now it's grass and only used in overflow situations. De Weerd: Any other comments? Mr. Zaremba? Zaremba: Looking at the west end again, is -- what is that school property for? Is that an elementary school -- De Weerd: Elementary. Siddoway: It is an elementary school. Zaremba: Middle school or something like that. Okay. Well, that probably eliminates my next question. What I was thinking about is could we ask the school district whenever they are going to build what is their design and could we build their parking lot for them and use it now, but if it's an elementary school it probably is not going to have a configuration of parking that would serve our purposes. Siddoway: Well, we do hope in the long term to use the school's parking for overflow parking. I think that's been on the table for a number of years. But their parking would probably be out closer to Venable than in the back near the ball fields. Hoaglun: And, Madam Mayor and Councilman Zaremba, it would be similar to Fuller Park, which is Western Ada, but I remember parking in Chaparral and walking over to the ball fields there, which is very handy. That would -- the people could still utilize the parking and access the park, we'd just have to work with them on the design element. So, that's the only thing attractive about this is I don't see the parking going away. It changes if we do a temporary and they eventually do build a school, but it could be several years. We don't know how long that time frame is, so -- Siddoway: It could well be more than ten years at this point. At least based on current growth projections. Hoaglun: Yeah. It could last us quite a while and it would be a good investment to put in parking here and get people close to the ball field. The ball fields aren't going away. Tournaments will continue to be held. That park is going to be heavily used, we just need to address the parking issue, I guess, in the best way possible with the funds available. And I don't know if 350,000 dollars -- I don't see that as being another option. Siddoway: I actually had that proposed in the first round of the CIP a few years ago, but during the CIP balancing process it came out along with several other things. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council Workshop August 14, 2012 Page 46 of 57 Zaremba: I guess I would ask the police department if there are any surveillance issues with putting a parking lot in this location. I'm assuming that the rest of it is a level lot and we are keeping the weeds down. Anybody driving on Venable would be able to look into this area I would think. Are there any issues that we need to be concerned about? De St. Germaine: None that I see. I talked with John Gonzales about this, too, and we have -- it is an issue area, but this would be ten times better than what was proposed. Siddoway: I guess from my perspective what I use is some direction from Council if you'd like us to pursue either of the temporary parking scenarios and if you'd like us to pursue any of the permanent parking scenarios on the other end of the park. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would say in conjunction with the original current discussion, I would encourage us to ask ACHD to post the triangles and -- the sight triangles as no parking and pursue the park configuration that we are looking at right now fairly soon. Somehow we need to get that in the budget I think. That would be my hope. Hoaglun: And, Madam Mayor, I think one of the reasons why we are looking at this now -- and, Steve, I'm assuming this could be done in this current fiscal year? I mean what's your time frame for doing one of these options on the Venable property? Siddoway: Well, could have it probably done this calendar year if we got on it real soon, but it also depends on if you're willing to fund it ourselves versus require some funding from Meridian Youth Baseball and/or PAL, because that might take them some time to get their funding approved if any. Hoaglun: Well, Madam Mayor, I think we need to make that ask, because this is a problem that hits them as well and the reason I'm interested in this because like Councilman Zaremba, not only do I want to put up the no parking as our traffic safety commission recommended in those sight triangles, but that south side of Ustick as well. I think the Mayor made the case very well, that it is a safety issue and we do not want a kid running out there -- they are parking on that side, because there is parking -- while there is no restriction to parking on the other side on something -- and something happens. East side of Meridian Road there is sidewalks that access to the intersection and a light is available to them. I could go either way on that one. But by taking up all that parking on Ustick Road, then, we need I think an option here to -- to help out as we squeeze that balloon where does it go? We direct them here and I think we also need to budget if we can get with ACHD's permission a sign that talks about additional Settlers parking -- Settlers Park parking back to this particular property for whatever -- whatever we do there. So, we don't know -- and this might be a question for Ryan. Do you guys talk about an estimate on how many cars in the -- in the sight triangle and, Meridian City Council Workshop August 14, 2012 Page 47 of 57 then, possibly on the other side of Ustick or is there a calculation that you can do to -- Lancaster: Well, I guess you can assume that a parked vehicle takes up roughly 30 feet or so. So, I think Steve mentioned earlier that, you know, it looked like six cars either side of the driveway. That's probably -- it depends on where -- where ACHD decides where they want to place the sign, how much parking they want to restrict. You know, I kind of gave a minimum and maximum, but somewhere between five and, I don't know, ten or 15 cars either side of the driveways I would think is the restriction that -- that I showed. Hoaglun: It looks like -- if we were to restrict both sides of Ustick for quite a ways -- and I would have to go back to that one map to look -- and these are 150. 1 mean we certainly create more spaces than we are taking away or at least worst case scenario we are balancing. Lancaster: Yeah. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, also from the commission -- and we did discuss that. I think what -- what ACHD uses is the average car is approximately 15 and like Ryan said when you don't have striping and you're sort of dependent on how -- how close you want to park the car in front of you, so that's why 25 feet or so to 30 feet is not uncommon that you're going to lose. But we did talk about the displacement of parking and how that might impact the neighbors on all who have had neighborhood complaints from people, but I guess one of the things the commission sort of landed on is safety is more important than the inconvenience that people sometimes experience and we felt safety was a greater factor. We didn't have the engineering for the south side, but we -- I don't think the commission would disagree with anything that you have all discussed that the south side could be equally as dangerous if you don't restrict the parking and you allowed it there and people are still going to try to cross. But as to the neighborhood -- I think what we found -- and I think Steve is the one who said this before, too, is people tend to park when they think they can either get out quickly or it's convenience for them. There is parking in the park that exists today, but they just want to park adjacent to those fields. So, our feeling from the commission was the parking along Meridian Road, if you were to remove that parking, that's not very likely to end up in the neighborhood, because the people that are parking there are generally using that area to park, so they are not likely to go park on Ashby on the north side of the park, they are even further away from where they were. They could park in the park. I think they tend not to, because, again, they think they can exit quicker out of the -- if you restrict the parking you have an easier access and egress out of the park, that might, again, encourage people to just park there. The parking on the south side -- or on the north side on Ustick -- certainly some of those are parking for the games, there is no doubt. If this alternative parking is available or could be available by next year, by next Meridian City Council Workshop August 14, 2012 Page 48 of 57 season, then, we think it at least provides an alternative for folks. Does it mean they are still not going to park on Ashton or Ashby or I guess park on the north side? Probably not. They are probably still going to do that regardless of where the parking is they are probably still going to -- they are going to park along there no matter what. But, again, the commission felt the safety aspect was more significant than the inconvenience. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Thinking across Ustick, you showed a drawing of the completion of the tennis complex. That adds a third driveway, does it not? Siddoway: As proposed it does, but it hasn't been approved by ACHD yet. Zaremba: And along with that there is actually a fourth driveway into the water department facility. The water department driveway is not really used heavily, but I would think the tennis complex driveway would need to be subject to the sight triangle as well. We might get away with not requiring that at the water department driveway, since there is not a whole lot of traffic in and out of there, but -- we have another driveway in here that we need to include in the thinking. Hoaglun: And I -- Madam Mayor. I think that's something we should consider when it's -- when it's done. That might end up being -- you know, ACHD may say no to that. They may say right turn -- right -in, right -out, you know, which I think would be fine, but, you know, that's down the road and definitely I think it applies to the site triangle, if that -- at this time I don't know if I want to go all the way down to Ustick Road or to the water tower for a future driveway, just -- we are going to tick people off enough as it is, so -- the fewer we tick off the better, in my world anyway. De Weerd: In my world. Siddoway: Well, then, the direction I will take back is to pursue the temporary parking solution that is closest to Meridian baseball, the one you see here. We will follow up with MYB when they get back from their world series, which they are all busy with right now, talk with them a little bit more about funding partnerships and what they can bring to the table and also look at timing. Mike was just reminding me we still have to get -- you know, timing wise it has to go through an ACHD driveway permit. It's got to go through certificate of zoning compliance -- there is several steps we need to go through, besides the funding, that will add some time. So, whether it's this fall or next spring, we would hope to be able to do it as soon as possible. Hoaglun: Madam Mayor and Steve. And I think that's reasonable if we are looking at next spring, just because, you know, the baseball tournament portions of it are winding down, school starting. I know you still have some softball tournaments coming up for the fall. Meridian City Council Workshop August 14, 2012 Page 49 of 57 Siddoway: The big tournaments are pretty well done that are out there and MYB does start up pretty early in the spring, so there wouldn't be much of a construction window in the spring prior to the season, especially with as wet as spring usually is. But -- but we would -- we can look into the timing and see what could be done as -- what as soon as possible means. Hoaglun: Sure. De Weerd: Well, I would add that this is on Ada County Highway District's radar. There has been discussions at the staff level. Certainly the staff member that is involved with the traffic safety commission is well aware of the situation, as is the director. So, I can only imagine that we get cooperation from our partner of ACHD in helping us make that area a safer place for our families and I will tell you that we do need to seek the partnerships with PAL and Meridian Youth Baseball, but 60,000 dollars is a small price to pay for the cost of a life and that is not a safe situation right now, in particular on Ustick. Siddoway: I probably ought to just point out for clarity I just realized that this shows little circles as if there is trees. There is no trees. This was just laid out by someone. This is gravel. De Weerd: I was thinking are we landscaping this? Siddoway: There is no landscaping. There is no striping, really, because it's gravel now. It's recycled asphalt. And so I don't know how we -- we have to figure out how we can delineate drive aisles and things like that, maybe with cones. But, anyway, just so you know. It's not a striped, landscaped parking lot, we are just talking a gravel surface to park on. Hoaglun: You have the chalk boxes -- or the markers, you know, they use for the baseball fields. Siddoway: We would be out there every day. Hoaglun: But I'm sure, Madam Mayor and -- you know, with the fire department because it's a requirement to have that truck, they would be happy to help out from a budget standpoint. Siddoway: All right. Hoaglun: I just wanted to see Mike's face. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council Workshop August 14, 2012 Page 50 of 57 Zaremba: Just -- in justifying it, as you say, compared to what could happen with the safety aspects, 60,000 dollars is cheap, but take that a step farther and say we know we are calling this temporary, but if we got ten years use out of it, that's 6,000 dollars a year, even though we have to pay it all up front to build it up front, but I mean it's cheaper and cheaper to do the right thing and if we are able to use it for quite a while. I guess the one thing I would ask is on that long driveway would we want to make that wide enough that people could park on it if they wanted or the alternate we'd probably have to have signs that say no parking in the driveway. Siddoway: And that reminds me. That estimate does include like some either railroad ties or something kind of post and chain system to keep people from just going off Willy nilly. So, you know, there is going to be some additional cost there. That's just that gravel base, so we can -- knowing that your preference is this scenario, we can look at, okay, how do we contain the cars. It's not going to be that much more, but we need -- there will be some additional cost for that. So, in that 60 to 70 thousand dollar range. De Weerd: Thank you, Steve. Hoaglun: Madam Mayor, question for Bill Nary. What's the mechanism to move this forward? Is it -- do we use a resolution or can we just authorize the Mayor to sign a letter to ACHD saying we want to have them consider no parking signs at these locations and these areas? Nary: Madam Mayor, Members of the Council, Council Member Hoaglun, that's what I would recommend is that the Council can vote and we can, then, prepare a letter for the Mayor's signature to then send to ACHD. Hoaglun: Okay. Thank you. De Weerd: Okay. Council, if there is no further discussion for Ryan or Steve, I would entertain a motion. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I would move that a letter be drafted for your signature to go to ACHD requesting the posting of signage as our traffic safety commission has requested for the north side of Ustick Road and for the west side of Meridian Road in the traffic safety triangle areas and that they also post signage on the south side of Meridian to make -- De Weerd: Ustick. Hoaglun: I'm sorry. Ustick. Yes. South side of Ustick Road for no parking and on that one I wanted to go back to the map to kind of give some points of reference. I'm not Meridian City Council Workshop August 14, 2012 Page 51 of 57 sure where -- where that -- where that might be. Is that Caleb, can we pull up that map? Because they want -- need to know from possibly and back on more maybe. There we -- yeah. There we go. I would say from -- I'm on the south side of Ustick Road -- and this doesn't have the apartment complex here. I'm trying to see. Is that -- De Weerd: No. It goes clear down to Venable Hoaglun: Okay. De Weerd: Past Fast Eddy's. Hoaglun: From Venable to the church property I think. Do they have a sidewalk? De Weerd: No, they don't. Hoaglun: I don't think they have a sidewalk. I would say from Venable clear to the -- is that assisted living or retirement center? De Weerd: Assisted living. Hoaglun: Assisting living sidewalk that starts there just prior to the intersection. Zaremba: Second. De Weerd: I have a motion and a second. Any discussion? Okay. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you, Ryan we appreciate your time that you dedicated to this topic. Thank you so much. And thank you Steve and Mike. D. Historic Preservation Commission: Update on Discussion of the Meridian Exchange Bank and McFadden Market and to Consider a Draft Letter to the Owner; Meridian Exchange Building, LLC De Weerd: Okay. Our next Item 8-D is Historical Preservation Commission item. Nary: Due to the lateness, Madam Mayor, Members of the Council, I will try to keep this brief. Last week -- or a couple weeks ago I think some of you were able to go down and see the state of the building -- what was the Meridian Exchange Bank, the former Meridian City Council Workshop August 14, 2012 Page 52 of 57 McFadden Market, the corner properties along Broadway and 2nd that are now in the ownership of the trust fund estate services for the Meridian Exchange Building, LLC. Last week the historic preservation commission also went down to view the building and, basically, review the actions the city has taken to this point and the recommendation was to come both to you, as well as historic preservation is preparing a separate letter from them, basically urging the Meridian Exchange, LLC, to quickly make decisions on what to do with the building. There is -- as you will see in this letter -- and this is just a draft. We have plenty of time to make changes you would like to see from the group, but this is really just urging them to move quickly. There is a lot of structural concerns with that building. We don't think the means of updating that are going to be very sufficient once the weather starts to turn. Mr. Schwiger, who was the previous owner, indicated the building no longer has supports underneath it. The building no longer has a roof over the market section of the building. The back has been boarded up, but it's not really secured from the weather or other means of damage or vandalism and the like on the bank side of the building. So, there is a lot of concerns. Certainly it's a beautiful historical building that, unfortunately, hasn't been maintained very well for the last 20 years or so and so it's in such a great state of disrepair. But right now the building official for the city has really just required that they board up, secure, to make sure the glass won't fall off, but we are still concerned that there is still structural -- lack of structural integrity that the building still could collapse. So, this is really -- short of demanding either a demolition of the building or condemning the building, which puts a lot of other things into play, this is just a very I guess strong urging letter to the LLC to take some quicker action and to not let this sit for a long period of time. This building's been sort of back and forth in different ownerships and different developments for about five years. I think we went back and looked at an engineering study that was done in 2005 that considered the building to be pretty -- pretty much in disrepair then. They had a fire in 2006. We had another evaluation of the structural integrity of the building then. So, at least for the last seven years there has been a lot of concern over the building. So, again, this is a draft for your discussion and we can make whatever changes you would like to see. We have put this together between my staff and the building department and HPC over the last couple of days based on the information that we have, but, obviously, some wordsmithing, as well as more appropriate when it's going to come from you to make sure it fits to a voice you want it to have, so -- I will just go over there if you have questions or comments. De Weerd: Okay. Council, any questions or comments? I did see this earlier today and submitted my comments that apparently hasn't gotten to our attorney yet, so -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Again, I like the idea and the intent of the letter. This draft seemed to say everything that needs to be said. I might pick one word to wordsmith a little bit and that's in the third paragraph: For this reason I exhort you -- somehow to me the connotations behind that word exhort aren't quite right. I would suggest either implore Meridian City Council Workshop August 14, 2012 Page 53 of 57 or the simple word ask -- I don't know why, but exhort just hits me wrong. Implore or ask or something. De Weerd: Okay. We will find a better word. I guess, in essence, my comments, Mr. Nary, have been more in towards the end of the letter, the second to the last paragraph -- end of the last -- the last part of the paragraph just to encourage them to consider at a reasonable cost and to keep in mind that the building itself is cost negative and the value is the land itself. So, you know, to again reiterate and certainly we can't tell them how to do their business, but to be realistic in what they expect, because they will have a cost if they have to take that -- if they have to clean that site up. Hoaglun: And, Madam Mayor, Council Members, you know, I'm just starting going through this. One thing we need to do is if we are -- if this is going to be signed by the Mayor and the City Council, then, and we need to change all those singulars to plurals. There are some things like E in the very first starting -- you know, I would like to initiate a dialogue, I would go with: We are very concerned about the viability of the above- mentioned properties. Second paragraph: It is heartbreaking for me -- I would rather say it is difficult for all of us who love Meridian and its history to witness deterioration. If you wouldn't mind, the Mayor and I can just go through this and do some wordsmithing, with your comments, Councilman Zaremba, to go through this, clean it up and, then, move forward with that, if that would be all right. De Weerd: Perfect. It does catch the essence of the conversation at the historical preservation commission and, Mr. Bird, if you have comments, too, if you get it to -- to Mr. Hoaglun and we can get our changes to staff and get this out, if the essence of the letter is agreeable to all of you. Bird: Show us your reword and, then, we can get back -- De Weerd: Yes. Hoaglun: We can probably do that in e-mail. De Weerd: Okay. Very good. If there is nothing on this and -- Council, do -- pardon? Nary: I just sent it to all of you. De Weerd: Okay. So, Council, do you feel comfortable just with the Council president and I working to clean this up and, then, getting it sent? Okay. Very good. Item 9: Ordinances A. Ordinance No. 12-1521: An Ordinance (RZ 11-004 Chesterfield Subdivision) For The Re -Zone Of A Parcel Of Land Located In The SW 1/40f Section 10, Township 3 North, Range 1 West, Situated In Ada County, Idaho, And Adjacent And Contiguous Meridian City Council Workshop August 14, 2012 Page 54 of 57 To The Corporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Zoning Classification Of 1.48 Acres Of Land From The R-8 (Medium Density Residential) Zoning District To R-15 (Medium -High Density Residential) Zoning District De Weerd: Okay. Under 9-A we have Ordinance 12-1521. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 12-1521, an ordinance RZ 11-004, Chesterfield Subdivision for the rezone of a parcel of land located in the southwest one quarter of Section 10, Township 3 North, Range 1 West, situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian, establishing and determining the land use zoning classification of 1.48 acres of land from the R-8, Medium Density Residential Zoning District to R-15, Medium High Density Residential Zoning District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. Council, seeing that there is no audience, I will put this over to your action. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of Ordinance No. 12-1521 with suspension of rules Zaremba: Second. De Weerd: I have a motion and a second to approve Item 9-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: Future Meeting Topics De Weerd: Are there any items for consideration under Future Meeting Topics? Hoaglun: I have none. Meridian City Council Workshop August 14, 2012 Page 55 of 57 Zaremba: And I have none. De Weerd: Okay. Thank you so much. Do I have a motion to adjourn? Zaremba: So moved. Hoaglun: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 6:03 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR Y De WEERD 40gp,'TED A QATE APPROVED ATTEST: JAYCE"OLMAN, CITY CLERK wECity of IiJIANt 1DAM0 SEAL �'ftb e TRW AW�� August , ITEM NUMBER: Award of Task Order 10238f to CH2M Hill for "Wastewater Treatment Facility RAS Conveyance System Reconfiguration Project Services During Construction" for the Not - To -Exceed Amount of $163,700.000 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: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Manager : Jacy Jones, Clint Dolsby Date. 8/2/12 Re: August 7 City Council Agenda The Purchasing Department respectfully requests that the following item be placed on the August 7h City Council Consent Agenda. Award of Task Order 10238f to CH2M HILL for "WWTP RAS Conveyance System Reconfiguration Proiect Services Durinq Construction" for the Not -To -Exceed amount of $219,850.00. This Task Order is issued pursuant to the Master Agreement dated December 6, 2011. Recommended Council Action: Approve of Task Order 10238f to CH2M HILL for the \ Not -To -Exceed amount of $163,700.00 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. Page 1 I' IDIAN Public DAHN I L * e Works TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Dolsby, P.E. Assistant City Engineer DATE: July 31, 2012 Mayor Tammy de Weerd ClkV Council a er$$ Keith Bird Brad Moaglun Charles Rountree David Zaremba SUBJECT: TASK ORDER #10238f FOR THE RAS CONVEYANCE SYSTEM RECONFIGURATION PROJECT SERVICES DURING CONSTRUCTION WITH CH2M HILL FOR A NOT TO EXCEED AMOUNT OF $163,700 PURSUANT TO THE MASTER AGREEMENT APPROVED BY CITY COUNCIL APRIL 13, 2010 1. RECOMMENDED ACTION A. Move to: 1. Approve Task Order 10238f with CH2M HILL for the RAS Conveyance System Reconfiguration Project Services During Construction, for a not -to - exceed cost of $163,700. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Clint Dolsby, Asst, City Engineer (Project Manager) 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Back rground The City of Meridian wastewater treatment plant periodically experiences mixed liquor settleability problems due to the excessive growth of Microthrix Parvicella (MP) in their secondary process which diminishes secondary clarifier capacity. Page 1 of 3 Plant staff controls settleability by reducing the solids retention time (SRT) to less than four days, thereby wasting Microthrix Parvicella from the process at the cost of wastewater plant capacity. A total nitrogen (TN) effluent concentration of 15 mg/L is required for Class A reclaimed water which is difficult to obtain at this low solids retention time. B. Proposed Project CH2M HILL will provide services during construction for the project to reroute the return activated sludge flow stream from the Secondary Clarifiers to the Aeration Basins through a new denitrification basin in an effort to inhibit the growth of microthrix and promote the effectiveness of the fermentation process. Inhibiting the growth of microthrix will in turn provide more reliable removal of nitrogen and increase the capacity of the secondary treatment system to the rated plant capacity. Without this project, the wastewater plant will continue to experience microthrix caused settleability issues which increases our vulnerability to National Pollutant Discharge Elimination System (NPDES) permit violations in our pending permit and could impact our ability to deliver reclaimed water. Additionally, the fermentation process will be less effective without the denitrification basin. C. Consultant Selection CH2M HILL was chosen for this project due to their expertise in the design and analysis of wastewater treatment plants and their familiarity with the Meridian Wastewater Treatment Plant, fermentation and microthrix. IV. IMPACT A. Strategic Impact: This project will help increase efficiencies at the Wastewater Treatment Plant and investigate alternative methods of wastewater treatment to reduce nitrogen and phosphorous loadings into our receiving stream. B. Service/Delivery Imvact: Improving the efficiency of the operation of the biological treatment processes will increase the secondary treatment capacity of the wastewater treatment plant. This will provide operational flexibility for the biological phosphorus removal processes in the aeration basins. C. Fiscal Impact: This project will be financed using the just in time model. The services during construction will be completed in both Fiscal Year 2012 and 2013. In fiscal year Page 2 of 3 2012, $48,900 of work will be completed leaving $114,800.00 to be completed in Fiscal Year 2013 assuming the FY13 Budget Enhancements are approved. Project Costs Fiscal Year 2012 $48,900.00 Proposed Fiscal Year 2013 $114,800.00 Total Cost $163,700.00 Project Funding Fiscal Year 2012 Aeration Basin Construction (3590-96101) $48,900.00 Total Funding $48,900.00 VI. TIME CONSTRAINTS Council's approval will allow the services during construction for this project to improve the performance of the biological nutrient removal systems and increase the capacity of the secondary treatment system at the wastewater treatment plant to be completed. VII. LIST OF ATTACHMENTS A. Task Order No. 10238£ Department Approval: Page 3 of 3 TASK ORDER NO. 10238f Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN This Task Order is made this it" _ day of August, 2012 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", and accepted by (CH2M Hill Engineers. Inc),,hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 2A) between the above mentioned parties dated December 6, 2011. The Project Name for this Task Order 10238f is as follows: AEMr#JJZRRMMA Wastewater Treatment Plant RAS Conveyance System Reconfiguration Project Services During Construction ■ "0 •, T I , , w 7 011111bll The City of Meridian is implementing upgrades and modifications to the wastewater treatment plant by (1) reconfiguring the return activated sludge (RAS) conveyance system, (2) modifying the waste activated sludge (WAS) conveyance system, (3) constructing a new RAS basin, and (4) installing a new electrical service feed. ENGINEER completed the design and final construction bid documents for the project and now offers the following Scope of Work to provide Services During Construction in support of the City's efforts to administer the construction contract. ENGINEER will perform the following tasks as part of the Services During Construction in support of the Wastewater Treatment Plant RAS Conveyance System Reconfiguration project during the construction phase. � 1, � � � r ' �. � r r, •. Task Order 10238f RAS Reconfiguration Services During Construction Page 1 of 7 CH2M Hill Engineering, Inc ENGINEER will provide the resources necessary for project management associated with this phase of the project. • Prepare an updated Health & Safety Plan for onsite work activities and obtain staff endorsement. • Supervise and manage engineering project staff for execution of work tasks. • Provide contract administration and oversight of project subconsultant(s). • Project documentation and coordination. • Monitor project progress, including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion. Coordinate with and provide periodic updates to the City's Project Manager. • Monitor project activities for potential changes, anticipate changes when possible, and with City approval, modify project tasks, budgets, and approach. • Prepare and submit monthly billing with a brief description of the work completed during that billing cycle. • Project closeout and archiving. Deliverables Periodic written project execution updates to keep the City's Project Manager informed as to the work performed during each billing cycle and as to potential changes to this Scope. Assumptions • Forty-nine (49) week duration from City -issued general construction contractor notice -to -proceed for completion of services during construction tasks described herein. 11111 • • • The project is anticipated to disturb less than 1 acre of land and therefore coverage under the Construction General Permit (CGP) is not required. The construction activities will be limited to work in and around the old secondary clarifier number 1, within the existing mechanical building and trenching for new yard piping. Temporary construction trailer placement and onsite storage of equipment, pipe, and appurtenances will be necessary. In accordance with the City Capital Improvement Projects Water Pollution requirements, ENGINEER will prepare an Erosion and Sediment Control Plan (SSCP) to for the construction contractor's use in managing storm water at the site. The SSCP will be comprised of a brief Technical Memorandum with supporting drawings/details to address the following topics: • Project name, location map, and responsible Contractor; • Project description; • Identification of potential impacts on water quality; and, Task order 10238f RAS Reconfiguration Services During Construction Page 2 of 7 CH21VI Hill Engineering, Inc • 11 "x17" drawing and details depicting storm water management strategy. Deliverables • Technical Memorandum up to 4 pages plus supporting drawings/details constituting the ESOP. An electronic PDF of the draft ESCP provided to City for review. Upon incorporation of City review comments to the draft ESCP, three (3) hard copies of the ESCP will be provided to the City for distribution to and implementation by the Contractor. Assumptions • ENGINEER consultation with Idaho Fish & Game, US Fish & Wildlife, State Historic Preservation Office, and state/federal agencies is not expected to be necessary based on this project being performed within the existing WWTP and therefore is not included in this scope of work. • If not available from previous task efforts, City will provide digital CAD file of site survey, including contours and features. • ENGINEER will receive project -specific information from the project construction contractor related to construction trailer location, temporary storage yard location and size, on-site fuel storage requirements, location of temporary sanitary waste and solid waste units, and other pertinent information for the preparation of the ESCP. • The City will provide one compiled set of draft ESCP review comments within 5 days of receipt of draft ESCP. • The following maps will be generated by ENGINEER —Site Map showing temporary facility locations (1 sheet) and Details (1 sheet). • The project construction contractor will be responsible for updating the ESCP if changes are made to the facility locations and preparation of a spill prevention and control plan if requested by the City. Preparation of a dewatering plan is not included as part of this scope. • ENGINEER is not responsible for training, inspections, oversight, maintenance, or updates related to the ESCP. • No site visits are required for the preparation of the ESCP. • Compliance with the ESCP is solely the responsibility of the construction contractor. ENGINEER will support the City during field construction by providing engineering services as described below. • 3.1 Pre -Construction Meeting. Attend a pre -construction meeting with the Contractor and City. Budget assumes one (1) meeting for a total duration of four (4) hours including travel time for the following list of attendees: Task Order 10236f RAS Reconfiguration Services During Construction Page 3 of 7 CH2M Hill Engineering, Inc Principal -In -Charge, project manager, WW process engineers (2), electrical engineers (3), mechanical engineer, and structural engineer 0 3.2 Submittal! Review. Review and respond up to 140 original technical submittals and 70 re -submittals from the Contractor and provide review responses to the City Project Manager. Budget assumes an average review time of two (2) hours per submittal including processing time. 0 3.3 RFI and WCD. Review and respond to requests for information (RFI) from the Contractor. Develop content for Work Change Directives (WCD). Budget assumes ten (10) RFIs at three (3) hours each and ten (10) WCDs at three (3) hours each 0 3.4 Contractor Payment Request Support, Assist City in the review of Contractor Payment Requests. Budget assumes thirteen (13) payment request reviews at one (1) hour each. 0 3.5 Contractor Change Order Request Support, Assist City in the review of Contractor Change Order requests. Budget assumes five (5) change order reviews at two (2) hours each. 0 3.5 Construction Progress Meetings. Attend bi-weekly construction progress meetings at the Meridian WWTP. Budget assumes forty-nine (49) week construction period for a total of twenty-four (24) meetings at three (3) hours per meeting (includes travel time) with project manager attending each meeting and allowance of thirty (30) hours for discipline lead attendance based on discussion topics. 0 3.7 Additional Site Visits. Conduct additional site visits for periodic field observations by one (1) technical design staff, as applicable. Budget assumes ten (10) trips for one (1) staff member at four (4) hours each including travel time. 0 3.8 Substantial Completion Site Visit, Two (2) substantial completion site visits are anticipated: one for the new electrical service drop and one for the balance of the project. ENGINEER will attend each of the site visits with the City and the contractor to observe completed construction and assist in punchlist item identification. ENGINEER will review and provide comments to punchlist prepared by the City. Budget assumes the following: - Attendance at one (1) substantial completion visit for the new electrical service drop by project manager and electrical engineer with a six (6) hour allowance for each attendee including travel time and punchlist review. - Attendance at one (1) substantial completion visit for balance of work by design team (up to 5 technical staff and project manager) with a six (6) hour allowance for each attendee, including travel time and punch list review. 0 3.9 Startup & Commissioning. Attend startup, testing, and commissioning of the (a) new electrical service feed, (b) RAS Basin, (c) RAS pumps, and (d) other incidental project elements. Budget assumes six (6) hours for the project manager for each of the four listed items and one six (6) hour allowance for each of the seven discipline leads to participate (66 labor hours total). 0 3.10 Project Record Drawings. Prepare project record drawings based primarily on as -built notes and drawing redlines provided by Contractor following completion of construction activities and supplemented with ENGINEER field notes from intermittent site visits. Task Order 10238f RAS Reconfiguration Services During Construction Page 4 of 7 CH2M Hill Engineering, Inc Deliverables • Technical submittal review comments transmitted digitally to the City Project Manager for distribution. • Contractor RFI responses and WCD content transmitted digitally to the City Project Manager for distribution. • Review comments for Contractor Payment Application and Change Order transmitted digitally to the City Project Manager. • Scanned copies of field notes from periodic site visits (Task 3.6 and 3.7) transmitted digitally to the City Project Manager. • Punch list review comments (Task 3.8) and Substantial Completion form transmitted digitally to the City Project Manager for distribution. • Record Drawings — three (3) half-size bond copies. One (1) CD with PDF and AutoCAD files of the drawings. Assumptions • Pre -construction meeting will take place either at Meridian Public Works Department conference room or Meridian Wastewater Treatment Plant. The City Project Manager will coordinate with City project team, contractor, and ENGINEER to schedule the meeting date and time (and conference room). The City will be responsible for recording, preparing, and distributing meeting minutes. • Submittals and RFis from the contractor will be received by the City Project Manager who will log and forward to ENGINEER for review. Submittal and RFI responses and WCD content by ENGINEER will be delivered digitally to the City Project Manager for distribution to the contractor. • City is responsible for documenting construction progress meeting minutes and distributing. • City is responsible for approval of Contractor Payment Applications and Change Orders. • City inspector will be responsible for performing daily inspections during construction and will notify ENGINEER of any material variation from design. City will provide ENGINEER with written documentation of daily construction inspections/observations and performance test results upon request. • Contractor will be responsible for providing written verification that construction is complete and scheduling Substantial Completion Site Visit with the City and ENGINEER that will be mutually agreeable to the parties involved. • Contractor responsible for preparing for in advance and performing testing of electrical and mechanical systems for observation by the designer and the City. Contractor is responsible for scheduling tests that will be mutually agreeable to the parties involved. • Contractor will be responsible for keeping accurate, detailed notes and drawing redlines documenting changes from design drawings. These notes and drawing redlines will be Task Order 10238f RAS Reconfiguration Services During Construction Page 5 of 7 CH2M Hill Engineering, Inc available for review by ENGINEER throughout the project and the City inspector will provide periodic reviews to ensure that the Contractor is appropriately documenting the as - built conditions. As -built notes and design drawing redlines maintained by the Contractor will accurately convey as -built conditions and provide sufficient detail for ENGINEER to easily use as primary basis for producing record drawings. ENGINEER is not responsible for performing field survey work to produce record drawings. A portion of the Services During Construction associated with the electrical design will be performed by DC Engineering, P.C. as a subconsultant to ENGINEER. DC Engineering will attend the preconstruction meeting, review a portion of the contractor electrical submittals, provide responses to contractor RFIs where applicable, attend construction progress meetings periodically, attend periodic site visits, participate in a substantial completion walk-through, participate in start-up and testing, and assist in the preparation of the record drawings for a portion of the electrical sheets. The following schedule is based on a Notice to Proceed (NTP) from the City by August 2012 and resulting in final services being completed in coordination with the 49 week construction schedule. A NTP issued on a different date will change the schedule accordingly. COMPENSATION SCHEDULE Task Description Compensation 1 Additional Proiect Management $35,400 2 Erosion and Sediment Control Plan $3,100 3 Services During Construction a $125,200 a Includes $7,500 bud et allowance for subconsultant. TASK ORDER TOTAL: $163,700 Compensation is scheduled to be paid from two different fiscal years, FY12 and FY13. Currently $48,900.00 has been budgeted for this year (FY12) and it is anticipated that Council will approve the budget for the remainder of the project ($114,800.00) in FY13 for a Not -To - Exceed total of $163,700.00. Therefore, continuation of this contract past the FY12 budget amount of $48,900.00 is subject to the appropriation of funds for such purpose by the City Council. If funds to effect such continued services and payment are not appropriated, CITY may terminate this Agreement as thereby affected and Contractor will relieve CITY of any further obligation. Task Order 10238f RAS Reconfiguration Services During Construction Page 6 of 7 CH2M Hill Engineering, Inc The Not,-'ro-Exceed amount to complete all services listed above for this Task Order No, 10238f is one hundred sixty three thOUsand seven hundred dollars ($163,700,00), No compensation will be paid over the Not -to -Exceed arnOUnt WithOLIt prior written approval by the City in the form of a Change Order, The hourly rates for services and direct expenses are per the Master Agreement (by this reference made a part hereoo and will be the basis for any additions arid/or deletions in services rendered, Travel and meals are excluded from thisTask Order unless explicitly listed in the Scope of Set -vices AND Payment Schedule. IMF- , Aj VA I m-al"I Z YOPI D'm - Approved by Council: m �E ME= MR it BY: OVIOM Dated'. 0 City f IAN)IDAUD jAYCF 1 1.( )]OLIVIAN, CITY CLERK SEAL T R t Purchasin Approval Depa nt Appr al BY, BY S, P�6rzi' . ..... KEITFi v S, Purchasing Manager WA__REN STEW T, E'rigineering Manager DATE: City Project Manager Task Ordei 102,18f PAS Peconfi!juralkm Sorvicos During Goosiltucton, Page I of 7 0112M Hill Enginooring, in(, • • • Auqust 14, 2012 ITEM NUMBER: 4B Ada County Highway District Cost Share Permit for Meridian Split Corridor Phase 2 • Community Item/Presentations Presenter Contact Info./Notes DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY HIGHWAY DISTRICT COST SHARE PERMIT - 3775 Adams Street ACHD Contact Person: Garden City Idaho 83714 Name: Adam Zaragoza 3775 Adams Street ACH-- Phone (208) 387-6280 Garden City Idaho 83714 — Facsimile (208) 387- Phone: (208) 387-6249 6289 Date of Permit: July 23, 2012 ACHD Project No.: 506047 Permit No.: 006 Capitalized terms that are not defined in this Permit shall have the meanings given to them in the ACRD Cost Share Ordinance No. 215. I. PARTNERINGAGENCYINFORMATION This permit is jointly and severally granted to: Partnering Agency Contact Persons: Meridian Development Corporation Ashley Ford 33 E. Broadway Ave. Administrator/Project Manager Meridian, Idaho 83642 33 E. Broadway Ave. Meridian, Idaho 83642 and Phone: (208) 477-1632 Email: ashley@meridiandevelopmentcorp.com Tim Curns City of Meridian 33 E. Broadway Ave. Project Manager Meridian, Idaho 83642 33 E. Broadway Ave. Meridian, Idaho 83642 Phone: (208) 489-0342 Email: tcurns@meridiancity.org IIS I AI) i'RO.TECT AND APPROVED NON-TRAINSPORTATIONEOMPONENTS Name/Location of ACHD Road Project: Meridian Split Corridor Phase 2 ("MSC2"), ACHD Project #506047, as generally depicted on Exhibit A to the Joint Project Interagency Agreement Between Ada County Highway District, City of Meridian, and Meridian Development Corporation — Meridian Split Corridor Phase Two ACHD Project No. 506047, ("Interagency Agreement") a copy of which is attached hereto as Attachment No. 1 and incorporated herein by reference. Approved Non -Transportation Components: Design, Construction, Installation and Perpetual Maintenance of Historic Lighting_ ACHD authorizes the design, construction, installation and perpetual maintenance of Historic Lighting as part of the Project from the intersection of Main Street and Ding Street, north through the crossover, to the intersection of Meridian Road and Cherry Lane, as identified in and depicted on Exhibit H to the Interagency Agreement, and as described and referred to in the Interagency Agreement and pursuant to the terms thereof, and also as identified, described and depicted in the MDC Historic Street Light Plan, Sheets 1 through 4, copies of which are attached hereto as Attachment No. 2 and incorporated herein by reference. In accordance with Ordinance 215, the foregoing Historic Lighting is referred to herein as the "Non -Transportation Components." III. ACQUISITION OF RIGHT -OF -WAS' Conditions of acquisition/contribution of real property by Partnering Agency and/or reimbursement to ACHD by Partnering Agency for acquisition of real property: None. ACHD has already acquired or is in the process of acquiring the right-of-way upon which the Non -Transportation Components will be constructed and installed. Therefore, the acquisition of the real property is not required of Partnering Agency, and is not part of the Non - Transportation Components. IV. DESIGN OF NON -TRANSPORTATION COMPONENTS Party responsible for obtaining plans/design for Non -Transportation Components: Meridian Development Corporation ("MDC") shall be responsible for obtaining the plans/designs of the Non -Transportation Components outlined above, and as described and referred to in the Interagency Agreement and pursuant to the terms thereof. Additional conditioias: All designs/plaits obtained by MDC will comply with (i) established eizgbieerilzg standards, including the Idaho Standards for Public Works Con.structioiz (ISPWC) (ii) the American Association of State Highway and Transportatiofi Officials ("AASHTO"), (iii) the Cost -Share Ordilaalice No. 215, (i)) all adopted ACHD rules, regulations, and policies, and (v) all state and federal laws. ACHD assumes no responsibility for any defzcieticies or inadequacies in the design or construction of the Non -Transportation Components. If Partnering Agency is responsible for providing plans/designs, deadline for submitting plans/designs to ACHD for approval: MDC shall submit plans/designs to ACHD no later than June 1, 2012. Allocation of design costs for Non-Transportation Components (including, if applicable, any credits provided to Partnering Agency and application of any federal funding) and time for reimbursement, if applicable: MDC shall be solely responsible for all design costs for the Non-Transportation Components. MDC shall receive no credits in connection with the design costs for the Non-Transportation Components as described and referred to in the Interagency Agreement and pursuant to the terms thereof. V. CONSTRUCTIONOFNON-TRANSPORTATIONCOMIPONENTS Description of construction work approved by ACHD to be completed by Partnering Agency (if applicable): (In addition to description, refer to designs and plans attached to this Permit as Exhibits, if applicable. If designs and plans are not complete at the time of issuance of this Permit, they must be approved in writing by ACHD and shall be incorporated into this Permit.) MDC has contracted with ACHD for the construction of the Non-Transportation Components as as described and referred to in the Interagency Agreement and pursuant to the terms thereof. Additional conditions: (1) The Partnering Agency will not allow any liens to attach to may right-of-tivay, improvements, or other property of ACHD as a restdt of may labor per fornned or materials supplied in connection with the construction of the Nora-Transportation Cornponernts. (2)The Partnering Agency shall be responsible for obtaining all permits rednired by ACHD in connection with any construction of the Non-Transportation Connponents. (3) Partnering Agency's construction shall not negatively impact ACHD's construction of the Transportation. Components orACHD's Road Project schedule in may way. (4) Any Annendrnent to the designs and plans rnrrst be approved in writing by ACHD. (5) All Construction of the Non-Transportation Components shall be in accordance with the designs/plans approved by ACHD. (6) All construction by the Partnering Agency will comply with (i) established engineering standards, including the Idaho Standards for Public Works Construction (ISPWC) (i) the American Association of State Highway and Transportation Officials ("AASHTO"), (iii) the Cost-Share Ordinance No. 215, (iv) all adopted ACHD rules, regulations, and policies, and (v) all state and federal laws. If Partnering Agency is responsible for all or a part of the construction of the Non - Transportation Components: a. Date for submitting the Partnering Agency's contractors and engineers to ACHD for approval: Not Applicable. b. Date for submitting the Partnering Agency's contractors' and engineers' estimates to ACHD for approval: Not Applicable. c. Date for submitting the Partnering Agency's contractors' and engineers' contracts to ACHD for approval: Not Applicable. Any modifications to the deadlines set forth above must be approved in writing by ACHD. Allocation of construction costs for Non -Transportation Components, reconstruction costs of Transportation Components necessitated by the incorporation of Non -Transportation Components into the Road Project, ACHD construction, maintenance, administration, and overrun costs (including, if applicable, any credits provided to Partnering Agency and application of any federal funding), and time for reimbursement, if applicable: MDC is solely responsible for the actual construction and inspection costs of the installation of the Non -Transportation Components as incorporated into the Road Project and shall timely reimburse ACHD for such costs, as described and referred to in the Interagency Agreement and pursuant to the terms thereof. Relocation of utilities to be completed by Partnering Agency (if any): The Partnering Agency will be solely responsible for the costs of relocation of any utilities required in connection with the placement, incorporation, or construction of the Non - Transportation Components and the stubbing of water mains to the two most southern remnant parcels as outlined in the construction plans. Storm water provisions (if applicable): Not Applicable. Additional conditions: Upon a determination by ACHD that the incorporation into the Road Project of the Partnering Agency's Non -Transportation Componerit(s) will have mi adverse effect on storm water quantity or quality, Partnering Agency shall be solely responsible for either mitigating or finrding the mitigation of any such adverse effected in a means determined by or acceptable to ACHD. Schedule for completion of Road Project: At this time, ACHD's schedule for completion of the Transportation Components of the Road Project completion is unknown, but estimated for October 25, 2013. The construction, installation and inspection of the Non -Transportation Components shall be completed as part of the Road Project as described and referred to in the Interagency Agreement and pursuant to the terms thereof and MDC shall be solely responsible to notify ACHD in writing when Construction Completion may be issued for the Non -Transportation Components. VI. MAINTENANCE, OF NON -TRANSPORTATION COMPONENTS Maintenance requirements of Non -Transportation Components by the Partnering Agency: MDC and the City of Meridian ("CITY") shall be, and are hereby granted a non-exclusive, revocable license to, maintain, repair, and replace the Non -Transportation Components, subject to the provisions of this Permit and during the term of this Permit. This includes: (1) CITY shall be primarily and solely responsible to pay for the perpetual maintenance, operation, repair, and replacement of the Non -Transportation Components as described and referred to in the Interagency Agreement and pursuant to the terms thereof. CITY shall be primarily responsible to cause the Non -Transportation Components to be operated and maintained in good functioning order during the term of this Permit, in accordance with applicable law, applicable standards and specifications, applicable policies and good engineering practices and industry standards. CITY shall be primarily and solely responsible to pay the energy costs necessary for the perpetual operation of the Non -Transportation Components as described and referred to in the Interagency Agreement and pursuant to the terms thereof. (2) MDC shall be secondarily responsible for the perpetual maintenance, operation, repair and replacement of the Non -Transportation Components as described and referred to in the Interagency Agreement and pursuant to the terms thereof. MDC shall be secondarily responsible to cause the Non -Transportation Components to be operated and maintained in good functioning order during the term of this Permit, in accordance with applicable law, applicable standards and specifications, applicable policies and good engineering practices and industry standards. MDC shall be secondarily responsible to pay the energy costs necessary for the perpetual operation of the Non -Transportation Components as described and referred to in the Interagency Agreement and pursuant to the terms thereof. MDC's responsibilities and obligations hereunder shall vest and MDC shall take on the responsibilities for perpetual maintenance, operation, repair and replacement of the Non -Transportation Components set forth herein in the event the CITY fails in any way to carry out is responsibilities and obligations for perpetual maintenance, operation, repair and replacement of the Non -Transportation Components under this Permit. Additioiaal cojaditiojas: ].This Permit does not extend to may Partnering Agejacy the right to use any pant of the ACHD Road Project area to the exclusion of ACHD for any itse within its jurisdiction, authority, and discretion or of others to the extent authorized by latia). 2. In accessing any part of the Road Project that has been accepted as aia open public h.ighti-vay (as the tern. "highway" is defined in Idaho Code Section 40-109(5)), tlne Pa•tnerirngAgerncy's authorized use is subject to the rights of the public to use the highway. 3. The rights granted hereunder are subject to and subordinate to the rights of holders of easements of records and the statutory rights of utilities to use the right-of-way. 4. This Pern.it does not prechrde or innpede the ability of ACHD to enter into or grant easennents or license agreements allowing third parties to access the Road Project area, or the ability of ACHD to redesign, reconstruct, relocate, maintain, and improve the Road Project and right-of-way as it determines necessary, in its sole discretion. 5. In consideration of the license granted by this Permit, the Partnering Agencies expressly covenant and agree that the license granted herein is temporary and merely a permissive use of the ACHD right-of-way pursuant to the terns of this Permit. Each Partnering Agency assunnes the risk that the license granted herein may be terminated before Partnering Agency has realized the economic benefit of the cost of installing, constructing, repairing, or nnaintainirng the Non -Transportation. Cornpornen.ts, and by signing and accepting this Pernnit, each Partnering Agency hereby waives and estops itself fron. asserting any clainn, including danages or reimbursement, that the license is in any way irrevocable because the Partnering Agency has expended finnds on. the Non -Transportation Components and the Permit has not been in effect for a period suiciernt for the Partnering Agency to realize the economic benefit fi-onn such expenditures. 6. In the event any Partnering Agency fails to replace, repair; maintain, and care for the Non - Transportation. Components, ACHD shall have the following remedies in addition to any other recoveny in law or in equity provided that ACHDfirstgives each Partnering Agency thirty (30) days notice and the Partnering Agencies fail to remedy such failure: (i) ACHD may revoke this Permit, (ii) ACHD may replace, maintain, and/or care for the Non -Transportation Components and the Partnering Agencies shall reinnblirse ACHD filly for all associated costs, (iii) ACHD may remove, alter, redesign., or in the case of landscaping, replace with. hardscape over the Non -Transportation Components, and each Partnering Agency shall reimburse ACHD firlly for all associated costs; and (iv) ACHD may refuse to issue any further Cost Share Permits orally other pen-n7its for future ACHD Road Projects until the Partnering Agencies comply ivith the conditions of the Permit. In addition., in the event of an ennergerncy caused by a Partnering Agency's failure to perform required maintenance, ACHD may immediately performn any and all emergency repairs or take other measures in connection with ail. emergency, and the each Partnering Agency shall reimburse ACHD. full for all associated costs. Term of Permit: Perpetual, until terminated or revoked pursuant to the provisions of this Permit and the Interagency Agreement and pursuant to the terms thereof. Upon termination or revocation of this Permit, upon the request of ACHD, MDC and/or the CITY will promptly remove the Non -Transportation Components and leave the underlying area in a condition that is substantially similar as the area adjacent to the Non -Transportation Components. MDC and/or the CITY shall repair and restore all portions of ACHD's right-of- way and personal property, if any, that is damaged during such removal activities to its condition immediately prior to such removal and damage. Any portion of the Non -Transportation 0 Components that remain in ACHD right-of-way 90 days after the termination or revocation of this Permit shall be deemed abandoned and ACHD shall have the right to remove them and charge all cost of removal to MDC and/or the CITY. VIII. ADDITIONAL PROVISIONS APPLICABLE TO PROJECT Additional provisions: This Permit is issued in connection with the following findings: IX. GENERAL CONDITIONS OF PERMIT 1. This Permit is issued conditioned upon each Partnering Agency's compliance with ACHD's Cost Share Ordinance No. 215 and all certifications made by each Partnering Agency pursuant to this Permit. 2. This Permit is subject to the provisions of state and federal law and ACHD's Cost Share Ordinance No. 215, in effect as of the date of issuance of this Permit (the "Applicable Law"). In the event of any conflict between this Permit and Applicable Law, Applicable Law shall govern. In the event that any part of the obligations of any Partnering Agency or of ACHD in connection with the Road Project are determined to be illegal or unenforceable by a court of competent jurisdiction, the remaining obligations of each Partnering Agency set forth in this Permit shall still be applicable. Future amendments and restatements of the Cost Share Ordinance shall not be applicable to this Permit. 3. If any portion of the ACHD Road Project (including without limitation any portion of the right- of-way) is damaged as a result of any Partnering Agency's action or inaction with regard to the construction, operation, and/or maintenance of the Non -Transportation Components or the failure or neglect to construct, operate, and/or maintain the Non -Transportation Components, then the Partnering Agencies shall, at their sole cost and expense, correct such deficiency and restore the area to the same condition it was in prior thereto, and if a Partnering Agency or its successors or assigns shall fail or neglect to commence such correction and restoration within 24 hours of notification thereof, ACHD may proceed to do so, in which event each Partnering Agency shall reimburse ACHD for the costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equipment of ACHD. 4. Each Partnering Agency shall be liable to ACHD for any and all damages, fines, fees, obligations to third parties, costs, expenses, attorney fees, or any other liabilities whatsoever resulting from the Partnering Agency's failure to comply with any provision of this Permit. The obligations in this Section shall survive the expiration, revocation, and/or cancellation of this Permit for an reason. 5. Each Partnering Agency may delegate any of its responsibilities hereunder to any third party so long as (i) it gives prior written notice to ACHD that specifies in detail what responsibilities are being delegated and identifies the third party. Notwithstanding any delegation to a third party, the Partnering Agency shall remain and shall be ultimately responsible for the third party's compliance with the terms of this Permit, and no delegation shall absolve Partnering Agency of any duties or obligations of this Permit in any way. 6. Each Partnering Agency, will protect, defend, indemnify, and hold ACHD and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of any acts or omissions of the Partnering Agency, its agents, or contractors related to or in connection with the Non -Transportation Components and the exercise of any privileges or performance of any obligations by the Partnering Agency pursuant to the terms of this Permit. Each Partnering Agency's obligations in this Section shall survive the expiration, revocation, and/or cancellation of this Permit for any reason. 7. In the event of a Partnering Agency's failure to comply with the terms and certifications of this Permit and/or the Cost Share Ordinance No. 215, the Partnering Agency shall be solely responsible for all costs, damages, expenses, including without limitation all attorney fees, incurred by ACHD. The Partnering Agency's obligations in this Section shall survive the expiration, revocation, and/or cancellation of this Permit for any reason. S. hi the event the Non -Transportation Components will or may necessitate future maintenance, repair, relocation, or replacement that is not the subject of this Permit, ACHD shall in its discretion issue each Partnering Agency an amended or an additional Cost Share Permit to perform such work. 9. ACHD shall at all times have the right to relocate, reconstruct, remove, or redesign any and all improvements that are part of the Road Project. ACHD will use its best efforts to advise each Partnering Agency of any anticipated actions within the Road Project that would be likely to cause a relocation, modification, or other adaptation of any of the Non -Transportation Components, and the parties, to the extent reasonably possible, shall agree to a priority schedule regarding the same and shall attempt to cooperate with respect to planning and coordination as related to any such relocation, modification, or other adaptation of any of the Non -Transportation Components. If ACHD ultimately determines that any part of the Road Project must be relocated, reconstructed, removed, or redesigned, then each Partnering Agency, at its sole cost and expense, shall be responsible for relocating, reconstructing, removing, or redesigning the Non -Transportation Components, as required by ACHD, which shall be accomplished by the Partnering Agency according to designs, plans, and specifications approved by ACHD in writing prior to any such work. Each Partnering Agency may also elect to remove all or a part of the Non -Transportation Components in lieu of any relocation, modification, or adaptation. Each Partnering Agency assumes any and all costs of itself and ACHD relating to any future relocation of the Non -Transportation Components. 10. ACHD shall at all times have the right to revoke this and any other Cost Share Permit granted to the Partnering Agencies to access any Highway or Public Right -of -Way. In addition, ACHD may immediately perform any and all emergency repairs or take other measures in connection with an emergency, in which case each Partnering Agency shall reimburse ACHD fully for all associated costs. 11. This Permit shall immediately be revocable and/or cancelable by ACHD by providing written notice to each Partnering Agency upon the occurrence of any of the following: (i) a determination by ACHD that any of the information submitted by any Partnering Agency in the Cost Share Application is false or inaccurate in any manner, (ii) a determination by ACHD that any Partnering Agency has failed to comply with any term or provision of this Permit, (iii) a determination by ACHD that any Partnering Agency has failed to replace, maintain, and/or care for the Non -Transportation Components as required by the terms of this Permit. Except in an emergency situation, ACHD shall provide each Partnering Agency with thirty (30) days notice of the issue and an opportunity to comply prior to exercising such rights. 12. All exhibits and any addenda to this Permit are incorporated herein. 13. Each Partnering Agency may delegate any of its responsibilities hereunder to any third party, provided, however, that each Partnering Agency shall remain and shall be ultimately responsible for the third party's compliance with the terms of this Permit. Such delegation shall not, in any way, abrogate ACHD's rights under the terms of this Permit and/or Cost Share Ordinance No. 215. 14. This Permit is conditioned upon the signature of ACHD and the Partnering Agency below. This Cost Share Permit is issued by the Ada County Highway District on the date set forth above: Ada County Highway District: The person signing below represents that he or she has the authority on behalf of ACHD to issue this �Perrrit-and-bi_n_d ACHD to therms set forth herein. Acceptance/certification by Partnering Agency: The person signing below represents that he or she has the authority on behalf of the Partnering Agency to accept and agree to the terms of this Permit and bind the Partnering Agency to the terms set forth herein. By: Iie Pipal Its: Chair 0 Acceptance/certification by Partnering Agency: City ®f Meridian The person signing below represents that he or she has the authority on behalf of the Partnering Agency to accept and agree to the terms of this Permit and bind the Partnering Agency to the terms set forth herein. By: Tammy DeW er Its: Mayor Attachments Attachment No. 1 Joint Project Interagency Agreement Between Ada County Highway District, City of Meridian, and Meridian Development Corporation — Meridian Split Corridor Phase Two ACRD Project No. 506047 Attachment No. 2 MDC Historic Street Light Plan, Sheets 1 through 4 10 BETWEEN ADA COUNTY HIGHWAYDISTRICT,OF MERIDIAN, AND MERIDIAN DEVELOPMENT CORPORATION MERIDIAN SPLIT ..Pi CORRIDOR .l f [. TWO ACHD PROJE CT NO. 506047 THIS JOINT PROJECT INTERAGENCY AGREEMENT ("Agreement") is entered into this day of J U N c,_ , 2012, by and between ADA COUNTY HIGHWAY DISTRICT, by and through its Board of Connilissioners (hereinafter referred to as "ACHD''), and the CITY OF MERIDIAN, by and through its Mayor and City Council (hereinafter referred to as the "CITY"), and the MERIDIAN DEVELOPMENT CORPORATION, by and through its Board of Connnissioners (hereinafter referred to as "MDC") all parties being bodies politic and corporate of the State of Idaho. WHEREAS, ACRD is a single county -wide highway district, a public entity, organized and operating pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented. WHEREAS, CITY is a public entity, organized and operating pursuant to Idaho Code Title 50, as amended and supplemented. WHEREAS, MDC is a public entity, organized and operating pursuant to Idaho Code Title 50, Chapter 20, as amended and supplemented. WHEREAS, ACHD is planning to construct a road improvement project focusing on widening and realigning Main Street and Meridian Road from north of Franldin Road to Cherry Lane -Fairview Avenue, Ada County, Idaho, Imown as Phase Two of the Meridian Split Corridor Project, ACHD Project No. 506047 (hereinafter referred to as the "ACHD Phase Two Project"). The ACHD Phase Two Project includes the construction of a cross-over roadway, connecting Main Street to Meridian Road, north of Franklin and south of the railroad crossing. It includes the expansion of Meridian Road to 5 -lanes, from the crossover roadway, north to the Meridian Road/Cherry Lane -Fairview Avenue intersection and elimination of the free-rurming right turn at the intersection of Main Street and Fairview Avenue. The ACHD Phase Two Project is generally depicted in the aerial/GIS snap attached hereto as Exhibit A. The Meridian Split Corridor project has been identified in the Downtown Meridian Transportation Management Plan (2005). WHEREAS, CITY is planning a public works sewer and water project for Meridian Road (hereinafter referred to as "CITY Sewer and Water Project") and desires the CITY Water and Sewer Project to be incorporated into a portion of the ACHD Phase Two Project and CITY agrees to pay for the actual design and construction costs of the CITY Water and Sewer Project if it is incorporated into the ACHD Phase Two Project. Page 1 of 21 ATTACHMENT ACHD/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two WHEREAS, ACRD is willing to accommodate CITY's request for the incorporation of the CITY Water and Sewer Project into the ACRD Phase Two Project so long as CITY agrees to be fully responsible for all costs of the CITY Water and Sewer Project. WHEREAS, MDC desires the installation of decorative street lighting (hereinafter referred to as the "MDC Lighting Project") to be incorporated into a portion of the ACHD Phase Two Project and MDC agrees that the MDC Lighting Project is a "non -transportation component" and agrees to comply with all requirements set forth in ACHD's Cost Share Ordinance Section 3109 et. seq. (hereafter "Cost Share Ordinance"), and MDC agrees to pay for the design and construction costs of the MDC Lighting Project in accordance with the Cost Share Ordinance, and as a co -permittee with CITY, MDC shall assume secondary responsibility for the perpetual maintenance and operation of the MDC Lighting Project in accordance with the Cost Share Ordinance. CITY agrees that the MDC Lighting Project is a "non -transportation component" under the Cost Share Ordinance and CITY agrees to have primary responsibility to pay for the perpetual maintenance and operation of the MDC Lighting Project in accordance with the Cost Share Ordinance as a co -permittee on the MDC Lighting Project, and City agrees to comply with all applicable requirements set forth in the Cost Share Ordinance. WHEREAS, CITY desires the installation of landscape improvements (hereinafter referred to as the "CITY Landscape Project") to be incorporated into a portion of the ACRD Phase Two Project and CITY agrees that the CITY Landscape Project is a "non -transportation component" and agrees to comply with all requirements set forth in ACHD's Cost Share Ordinance Cost Share Ordinance, and CITY agrees to pay for the design, construction costs, and perpetual maintenance and operation of the CITY Landscape Project in accordance with the Cost Share Ordinance, WHEREAS, ACHD, CITY and MDC desire by this Agreement to work cooperatively and to set forth their respective duties and obligations which they are authorized by law to perform, and to allocate certain costs and responsibilities, each with regard to the joint ACHD Phase Two Project/CITY Water and Sewer Project/CITY Landscape Project/MDC Lighting Project in accordance with law- and as further set forth in this Agreement. WHEREAS, Idaho Code § 67-2332 expressly authorizes public agencies to enter into agreements with one another for cooperative action for purposes within the power, privilege or authority of said agencies. AGREEMENT NOW, THEREFORE, for and in consideration of the foregoing Recitals, which are made a part of the Agreement, and not mere Recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do mutually undertake, promise and hereby agree as follows: Page 2 of 21 ACHD/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two SECTION I. ACHD PHASE TWO PROJECT I. DESIGN 1.1 ACHD, and/or its consultant, shall complete all design work for the ACHD Phase Two Project. The ACHD Phase Two Project shall be designed in compliance with the standards of the American Association of State Highway and Transportation Officials ("AASHTO"), the standards and specifications set forth in the ACHD Policy Manual. ACHD shall provide the CITY and MDC with plan sets at all design phases for review and comment. 1.2 ACHD shall provide for the design of the ACHD Phase Two Project. CITY shall pay ACHD for the additional cost for design of the ACHD Phase Two Project resulting from incorporation of the CITY Water and Sewer Project and/or the CITY Landscape Project. MDC shall pay ACHD for any actual additional costs for design of the ACHD Phase Two Project resulting from incorporation of the MDC Lighting Project The actual cost of the ACHD Phase Two Project design is EIGHT HUNDRED THOUSAND SEVEN HUNDRED AND EIGHTY FOUR DOLLARS AND SEVENTY-SIX CENTS ($800,784.76). ACHD shall invoice any actual additional costs for the design of the ACHD Phase Two Project accordingly and within thirty-five (35) days receipt of any such invoice, CITY and/or MDC shall pay the amount invoiced by ACHD. 1.3 ACHD shall approve, in its sole discretion, the Engineer's Estimate and the ACHD Phase Two Project pians. ACHD, CITY and MDC shall acknowledge in writing the final, approved ACHD Phase Two Project bid plans and the Engineer's Estimate prior to commencement of formal bid, and neither shall thereafter be modified in any material way unless such modifications are approved in writing signed by ACHD 2. CONSTRUCTION ACCESS MEASURES — SHARED RESPONSIBILITIES 2.1 In order to ensure access for properties during construction which would otherwise be landlocked as a result of road closures during the joint ACHD Phase Two Project/CITY Project, and in order to ensure parking access for CITY's City Hall building during the joint ACHD Phase Two Project/CITY Project, ACHD and CITY shall coordinate measures for alternate access, which includes the acquisition of temporary easements, the placement of temporary paving, and the removal of curbing and other features. 2.2 The approximate location and configuration of the alternate access measures to be coordinated by ACHD and CITY and made a part of the joint ACHD Phase Two Project/CITY Project are depicted in the attached Exhibits B 1, B2 and 133. 2.3 The current cost estimate of the alternate access measures is TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000); CITY shall reimburse ACHD for one-half of the costs of such alternate access up to a maximum amount of ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($125,000). ACHD and CITY agree that if the actual cost of the alternate access measures exceeds TWO HUNDRED FIFTY THOUSAND DOLLARS ($250;000) CITY and ACHD shall each be responsible for one-half of such excess costs. ACHD Page 3 of 21 ACHD/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two shall provide CITY with a breakdown of the actual costs of the access pleasures along with an invoice for the CITY's share of the same as set forth herein and as may be agreed by ACRD and CITY with regard to any excess amounts and within thirty-five (35) days receipt of such invoice, CITY shall pay the amount invoiced by ACRD. 3. ACHD STORM WATER FACILITY — PARCEL 143 3.1 ACRD Phase Two Project will include a stone water facility on a parcel located at the southeast corner of the intersection of Meridian Road and Carmel Drive; the work is depicted in the attached Exhibit C, and is identified as Parcel 143 in the attached Exhibit C. 3.2 Parcel 143 and the storm water facility to be constructed thereon shall be characterized by ACIID as "highway" and "public right-of-way" as such terms are defined in Title 40, Chapter 1, Idaho Code. SECTION It. CITY WATER AND SEWER PROJECT 1. SUMMARY STATEMENT OF AGREEMENT ACHD shall incorporate the CITY Water and Sewer Project into the ACIID Phase Two Project subject to the terms and conditions of this Agreement. 2. SCOPE OF WORK, ESTIMATED COST 2.1 ACRD and CITY agree that the scope of work for the CITY Water and Sewer Project provided by this Agreement is set forth in the document entitled "Scope of City Water and Sewer Project", a copy of which is attached hereto as Exhibit D. 2.2 CITY's consultant has prepared a cost estimate in 2011 Dollars for the construction of the CITY Water and Sewer Project. Construction of the CITY Water and Sewer Project is estimated to cost a total of ONE MILLION TWO HUNDRED THOUSAND DOLLARS ($1,200,000). The parties acknowledge that these costs are only an approximation of the cost in 2011 dollars for the construction of the CITY. The parties acknowledge and agree that rapid rise in construction materials may affect the actual cost of construction of the CITY Water and Sewer Project that are substantially higher than the estimated costs in 2011 dollars. CITY shall be solely responsible to pay all actual construction costs for the CITY Water and Sewer Project including all actual construction costs in excess of the CITY's estimate. 3. DESIGN AND PERMITS 3.1 CITY, and/or its consultant, will complete all design work for the CITY Water and Sewer Project. The CITY Water and Sewer Project shall be designed in conformance with all applicable federal, state and local laws and regulations and standards and specifications for such work including but not limited to the most current edition of the Idaho Standards for Public Works Construction (ISPWC) and the CITY Supplemental Specifications to the ISPWC and all applicable standards and specifications set forth in the ACRD Policy Manual. Page 4 of 21 ACHD/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two 3.2 The design worlc for the CITY Water and Sewer Project shall include detailed and comprehensive plans addressing ground water to be encountered during sewer excavation in the project site and adequate countermeasures for handling ground water including, but not limited to, dewatering. The dewatering plans must be approved by the CITY Engineer and all applicable agencies. 3.3 Copies of complete and final designs for the CITY Water and Sewer Project including detailed and comprehensive plans addressing ground water in the project site and adequate countermeasures for ground water including, but not limited to, dewatering shall be provided to ACRD no later than June 1, 2012. 3.4 CITY shall be solely responsible to apply for and obtain all necessary federal, state and local permits for the CITY Water and Sewer Project as incorporated into the ACHD Phase Two Project. 4. SPECIAL PROVISIONS AND BID QUANTITIES 4.1 CITY, and/or its consultant, will develop special provisions, and ill -lit bid quantities for the CITY Water and Sewer Project work to be included in the bid documents for the ACHD Phase Two Project construction contract. The special provisions and unit bid quantities shall support the CITY Water and Sewer Project as designed, including but not limited to ground water countermeasures such as dewatering, and shall be in conformance with all applicable federal, state and local laws and regulations and standards and specifications for such work including but not limited to the most current edition of the Idaho Standards for Public Works Construction (ISPWC) and the CITY Supplemental Specifications to the ISPWC and all applicable standards and specifications set forth in the ACHD Policy Manual., 4.2 Complete and final special provisions, and unit bid quantities for the CITY Water and Sewer Project work shall be provided to ACHD no later than June 20, 2012, 5. BIDDING AND CONTRACTING 5.1 ACHD shall incorporate the designs, special provisions, and unit bid quantities for the CITY Water and Sewer Project work as developed and submitted by CITY into the bid documents for the ACHD Phase Two Project. ACHD shall provide CITY a complete set of combined bid docurnents for the ACHD Phase Two Project, and the CITY Water and Sewer Project work referenced herein. 5.2 ACHD shall solicit, receive, and open bids for the ACHD Phase Two Project incorporating the CITY Water and Sewer Project work referenced herein utilizing a two-step, prequalification methodology as allowed in Idaho Code Section 67-2805. In the initial phase, ACHD shall prequalify prime and specialty contractors and in the second phase, bid prices will be accepted by ACHD only from prequalified contractors. ACHD shall furnish CITY with an abstract of all bids received. Page 5 of 21 ACHD/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two 5.3 ACHD shall award a contract for construction of the for the ACHD Phase Two Project incorporating the CITY Water and Sewer Project work referenced herein, or in its discretion, ACHD may reject all bids and re -bid the project. CITY agrees and acknowledges that the contract for construction may include incentives for early completion. 5.4 Following award, ACHD shall execute and administer the construction contract for the ACHD Phase Two Project incorporating the CITY Water and Sewer Project work referenced herein. 6. CONSTRUCTION 6.1 The construction of the CITY Water and Sewer Project as incorporated into the ACHD Phase Two Project shall be built in conformance with the designs, plans and specifications provided to ACHD by CITY. Such construction shall comply with all applicable laws, ACHD policies and standards, and engineering practices. 6.2 For all lawful purposes, CITY shall be considered a "Co-owner" of the ACHD Phase Two Project to the extent that it incorporates the CITY Water and Sewer Project. Pursuant to and in accordance with, applicable laws and regulations, the CITY shall file separately with the appropriate agencies a Notice of Intent (hereinafter referred to as "NOV) for the construction of the CITY Water and Sewer Project as incorporated into the ACHD Phase Two Project, 6.3 ACHD shall at all times be the party responsible to provide inspection for all work for the ACHD Phase Two Project that is not within the scope of the CITY Water and Sewer Project. CITY shall at all tinges be the party responsible to provide inspection for all work for the CITY Water and Sewer Project and shall provide copies of appropriate inspections, tests and diaries to the ACHD Phase Two Project representative. ACHD shall combine all applicable inspections, tests and diaries into a joint report which shall be co-signed by CITY and ACHD. The CITY shall at al I tinges be the party responsible for maintenance, inspection, and tracking of any and all dewatering work associated with the CITY Water and Sewer Project, 6.4 CITY shall reimburse ACHD for all costs associated with the portion of the awarded bid relating to the CITY Water and Sewer Project. CITY shall have the discretion to accept or reject any change orders to the portion of the awarded bid relating to the CITY Water and Sewer Project within 5 business days. CITY shall not be obligated to reimburse ACHD for any costs associated with unapproved change orders, but may, in its discretion, approve any change order retroactively. 6.5 CITY shall at all tunes be the party solely responsible for and shall reimburse ACHD for backfill of excavation, safety measures, landscape restoration solely attributable to the CITY Water and Sewer Project as incorporated into the ACHD Phase Two Project and all other activities incidental to the CITY Water and Sewer Project. 6.6 CITY shall also be responsible for and shall reimburse ACHD for changed conditions, plan errors and omissions, and any delays attributable to the CITY Water and Sewer Project as incorporated into the ACHD Phase Two Project. Page 6 of 21 ACHD/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two 6.7 ACRD shall make any monthly progress payments to and the final construction contract payment to the Construction Contractor in conformance with the Construction Contract, Provided, however that before ACRD makes any monthly progress payment to the Construction Contractor for any work relating to any portion of the CITY Water and Sewer Project, CITY shall first approve and authorize such payment in writing within 5 business days of receipt. CITY shall hold ACRD harmless for any disputes relative to any monthly progress payment or portion thereof that the CITY does not approve and authorize. 6.8 ACIID will submit to CITY a copy of each Contractor progress payment estimate, as such estimates are approved by ACRD, together with an invoice for CITY's share of the Construction Contract costs earned by and to be paid to the Contractor. ACRD shall retain all invoices and other documents supporting such payment estimates. ACRD shall submit a monthly bill to CITY for reimbursement of the actual construction costs of the CITY Water and Sewer Project, as well as other costs for which CITY is responsible as set forth in this Agreement, and a final bill within THIRTY (30) days after completion of the work which shaII include the CITY's share of any early completion incentive paid to the Construction Contractor as provide in Section 11.8.1 of this Agreement. 6.9 CITY shall reimburse ACHD for the actual construction costs of the CITY Water and Sewer Project as incorporated into the ACHD Phase Two Project as well as other costs for which CITY is responsible as set forth in this Agreement. CITY shall pay ACHD within THIRTY (30) days after receipt of ACHD's monthly and final bills referenced in Section 1I.6.8 of this Agreement in cash or other immediately available funds. 6.10 CITY shall be solely responsible for determining that the work for the construction of the CITY Water and Sewer Project is Substantially Complete and will provide ACIID evidence of said acceptance and determination in writing. CITY shall be solely responsible to notify ACHD in writing when Construction Completion may be issued for the CITY Water and Sewer Project. 6.11 CITY shall be solely responsible for operation and maintenance of the work for the construction of the CITY Water and Sewer Project once said CITY Water and Sewer Project becomes operational. 6.12 ACHD shall transfer to CITY for the benefit of CITY, all warranties in the Construction Contract relating to the CITY Water wid Sewer Project. 6.13 ACHD shall transfer to CITY for the benefit of CITY, all title in the work for the construction of the CITY Water and Sewer Project. 7. CITY SEWER AND WATER WORK OUTSIDE OF ACHD PHASE TWO PROJECT BOUNDARIES CITY shall be fully responsible for any sewer and water work outside of the ACHD Phase Two Project boundaries as depicted in Exhibit A, including, but not limited to, property Page 7 of 21 ACIID/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two owner notification, excavation, material costs; construction costs, traffic control, grading, and associated paving work which will be subject to ACHD permitting, inspection, and approval. Provided that any ACHD permit fees shall be waived in accordance with the ACHD-CITY Interagency Govermuental Agreement for Waiver of Costs and Fees dated June 9, 2010 and incorporated herein by reference. City shall also be responsible for inspection of storm water protection and erosion control measures outside of the aforementioned ACHD Phase Two Project boundaries. 8. EARLY COMPLETION INCENTIVE PAYMENT 8.1 The early completion incentive that may be paid to the Construction Contractor shall not exceed THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00). CITY shall be responsible for and shall reimburse ACHD for one-half (1/2) of any early completion incentive paid to the Construction Contractor, up to a maximum amount of ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($175,000.00). 8.2 One-half (1/2) of any liquidated damages received by ACHD from the Construction Contractor shall be reimbursed back to the CITY. SECTION III. CI'T'Y LANDSCAPE PROJECT I. SUMMARY STATEMENT OF AGREEMENT ACHD shall incorporate the CITY Landscape Project into the ACHD Phase Two Project subject to the terms and conditions of this Agreement. 2. ISLAND MEDIAN AND FREE -RUNNING RIGHT -TURN — MAIN STREET AND FAIRVIEW AVENUE INTERSECTION — PARCEL 162; CROSS-OVER ROADWAY MEDIANS — PARCELS 163 AND 164. 2.1 As part of the ACHD Phase Two Project, ACHD shall modify the landscaped island median on the southeast comer of the intersection of Main Street and Fairview Avenue that is currently right-of-way owned by ACHD and maintained by CITY and ACHD shall eliminate the free -running right tum at said intersection. The work is depicted in the attached Exhibit E and these areas are identified collectively as Parcel 162 in the attached Exhibit E. 2.2 As part of the ACHD Phase Two Project, ACHD shall construct an island median southwest of the intersection of Main Street and Ada Street and an island median west of the intersection of Bower Street and the cross-over roadway. The work is depicted in Exhibit F and Exhibit G and these areas are identified respectively as Parcel 163 and Parcel 164 in the attached Exhibit F and Exhibit G. 3. CONSTRUCTION Page 8 of 21 ACHD/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two 3.1 As to Parcels 162, 163 and 164, ACRD shall be responsible for all traffic related improvements and removal of all roadway base material as part of the ACRD Phase Two Project, construction of curb, gutter and sidewalks, and the placement of conduit and 12" of top soil to a finish grade of 2" below top back of curb for the interior of and within each parcel as indicated on the plans for the ACRD Phase Two Project. 3.2 As to Parcels 162, 163 and 164, CITY shall be solely responsible for the design, construction and inspection of the installation of the sod, landscape, sprinkler irrigation facilities, renovation materials, and warranties and such work shall be completed prior to substantial completion of the ACRD Phase Two Project. CITY understands and agrees that if the work is not completed prior to substantial completion of the ACRD Phase Two Project, ACRD may in its fiill and complete discretion, pave Parcels 162, 163 and 164 with asphalt and any obligations of ACIID and the CITY under this Section III shall terminate. 4. COST SHARE PERMIT 4.1 CITY agrees that the CITY Landscape Project is a "non -transportation component" as defined in the Cost Share Ordinance and that CITY shall apply to ACHD for a Cost Share Permit for the CITY Landscape Project. CITY shall comply with any and all terms and conditions of the permit that may be issued to CITY by ACHD as to Iandscape improvements placed on Parcels 162, 163 and 164 by the CITY. 4.2 The terms and conditions of this Agreement relating to the CITY Landscape Project shall be null and void in the event CITY fails to apply to ACRD for a Cost Share Permit for the CITY Landscape Project or if ACHD does not issue a Cost Share Permit for the CITY Landscape Project. 5. MAINTENANCE AND OPERATION 5.1 CITY shall be solely responsible to pay for the perpetual maintenance and operation of the sod, landscape, and sprinkler irrigation facilities on Parcels 162, 163 and 164 in accordance with the Cost Share Ordinance and any permit that may be issued to CITY thereunder. CITY shall be solely responsible to provide adequate water volume and pressure for landscape irrigation. 6. VACATION AND ABANDOMENT OF PARCEL 162 6.1 Upon completion of the ACHD Phase Two Project, the ACRD Board of Commissioners shall consider the vacation and abandonment of Parcel 162 as public right-of- way in accordance with the procedures set forth in Idaho Code. Upon vacation and abandoiulient of Parcel 162, ACHD shall convey Parcel 162 to CITY as surplus property in accordance with the procedures set forth in Idaho Code with the execution of a Quitclaim Deed, "as -is" and without warranty of any kind. Any compensation normally due to ACHD in the event of such a conveyance will be waived by ACHD in accordance with the ACHD-CITY Interagency Goverimiental Agreement for Waiver of Costs and Fees dated June 9, 2010 and incorporated herein by reference. Page 9 of 21 ACHD/City of Meridian/Meridian Development Corporation Joust Project Interagency Agreement Meridian Split Corridor Phase Two 6.2 If Parcel 162 is vacated and abandoned by ACRD and conveyed to CITY as surplus property as provided in Section III.6.1 of this Agreement, any Cost Share Permit granted to CITY by ACHD for the CITY Landscape Project shall terminate as to Parcel 162. SECTION IV CITE' A CO -PERMITTEE ON MDC LIGHTING PROJECT 1.1 CITY agrees that the MDC Lighting Project provided for in Section V of this Agreement is a "tion -transportation component" as defined in the Cost Share Ordinance and that CITY shall apply to ACHD for a Cost Share Permit for the MDC Lighting Project as a co- pernnittee with MDC, for the purpose of assuming primary and sole responsibility for perpetual maintenance and operation ofthe MDC Lighting Project. CITY shall comply with all applicable terms and conditions of the permit that may be issued to MDC and the CITY by ACHD for the MDC Lighting Project. 1.2 The terms and conditions of this Agreement relating to the MDC Lighting Project shall be null and void in the event CITY fails to apply to ACHD for a Cost Share Permit for the MDC Lighting Project as a co -permittee with MDC or if ACHD does not issue a Cost Share Permit for the MDC Lighting Project, 2. MAINTENANCE AND OPERATION CITY shall be primarily and solely responsible to pay for the perpetual maintenance and operation of the MDC Lighting Project in accordance with the Cost Share Ordinance and any permit that may be issued to MDC and the CITY thereunder. CITY shall be primarily and solely responsible to pay the energy costs necessary for the perpetual operation of the MDC Lighting Project. 1. SUMMARY STATEMENT Or AGREEMENT ACHD shall incorporate the MDC Lighting Project into the ACHD Phase Two Project subject to the terms and conditions of this Agreement. 2. COST SHARE PERMIT 2.1 MDC agrees that the MDC Lighting Project is a "non -transportation component" as defined in the Cost Share Ordinance and that MDC shall apply to ACHD, as a co -applicant with the City, for a Cost Share Permit for the MDC Lighting Project as required by the Cost Share Ordinance. 2.2 MDC shall pay for the design and cost to construct the MDC Lighting Project in accordance with the Cost Share Ordinance and any permit(s) that may be issued to MDC Page 10 of 21 ACHD/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two thereunder. MDC shall comply with any and all terms and conditions of the pennit(s) that may be issued to MDC by ACRD. As a co -permittee with CITY, MDC shall assume secondary responsibility for the perpetual maintenance and operation of the MDC Lighting Project its accordance with the Cost Share Ordinance and shall take on such responsibilities in the event the CITY fails in any way to carry out its obligations as set forth in Section IV of this Agreement. 2.3 The terms and conditions of this Agreement relating to the MDC Lighting Project shall be null and void in the event MDC fails to apply to ACHD for a Cost Share Permit for the MDC Lighting Project or if ACHD does not issue a Cost Share Permit for the project. 3. SCOPE OF WORD, ESTIMATED COST 3.1 ACHD and MDC agree that the scope of work for the MDC Lighting Project provided by this Agreement is set forth in the document entitled MDC Lighting Project, a copy of which is attached hereto as Exhibit H. 3.2 MDC's consultant has prepared a cost estimate in 2011 Dollars for the construction of the MDC Lighting Project provided by this Agreement. Construction of the Lighting Project as provided by this Agreement is estimated to cost a total of FIVE HUNDRED THOUSAND DOLLARS ($500,000). The parties acknowledge that these costs are only an approximation of the cost in 2011 dollars for the construction of the MDC Lighting Project. The parties acknowledge and agree that rapid rise in construction materials may affect the actual cost of construction of the MDC Lighting Project that are substantially higher than the estimated costs in 2011 dollars. MDC agrees that if any additional construction costs for the MDC Lighting Project are incurred, MDC shall be solely responsible to pay these additional costs. 4. DESIGN AND PERMITS 4.1 MDC, and/or its consultant, will complete all design work for the MDC Lighting Project. The MDC Lighting Project shall be designed in conformance with all applicable federal, state and local laws and regulations and standards and specifications for such work including but not limited to the most current edition of the Idaho Standards for Public Works Construction (ISPWC) and the CITY Supplemental Specifications to the ISPWC and all applicable standards and specifications set forth in the ACHD Policy Manual. 4.2 Copies of complete and final designs for the MDC Lighting Project shall be provided to ACHD no later than June 1, 2012, 4.3 MDC shall be solely responsible to apply for and obtain all necessary federal, state and local permits for the MDC Lighting Project as incorporated into the ACHD Phase Two Project. 5. SPECIAL PROVISIONS AND BID QUANTITIES 5.1 MDC, and/or its consultant, will develop special provisions, and unit bid quantities for the MDC Lighting Project work to be included in the bid documents for the ACHD Page I I of 21 ACI-ID/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two Phase Two Project construction contract. The special provisions and unit bid quantities for each project shall be in conformance with all applicable federal, state and local laws and regulations and standards and specifications for such wort: including but not limited to the most current edition of the Idaho Standards for Public Works Construction (ISPWC) and the CITY Supplemental Specifications to the ISPWC and all applicable standards and specifications set forth in the ACRD Policy Manual, 5.2 Complete and final special provisions, and unit bid quantities for the MDC Lighting Project work shall be provided to ACHD no later than June 1, 2012. 6. BIDDING AND CONTRACTING 6.1 ACIID shall incorporate the designs, special provisions, and unit bid quantities for the MDC Lighting Project work, as developed and submitted by MDC, into the bid documents for the ACHD Phase Two Project. ACIID shall provide MDC a complete set of combined bid documents for the ACHD Phase Two Project, and the MDC Lighting Project wort: referenced herein. 6.2 ACHD shall solicit, receive, and open bids for the ACRD Phase Two Project incorporating the MDC Lighting Project work referenced herein utilizing a two-step, prequalification methodology as allowed in Idaho Code Section 67-2805. ACHD shall furnish MDC with an abstract of all bids received. 6.3 ACHD shall award a contract for construction of the ACHD Phase Two Project incorporating the approved MDC Lighting Project work referenced herein, or in its discretion, ACHD play reject all bids and re -bid the project. 6.4 following award, ACIID shall execute and administer the construction contract for the ACIID Phase Two Project incorporating the MDC Lighting Project work referenced herein. 7. CONSTRUCTION 7.1 The construction of the MDC Lighting Project as incorporated into the ACHD Phase Two Project shall be built in conformance with the designs, plans and specifications provided to ACIID by MDC. Such construction shall comply with all applicable laws; ACHD policies and standards, and engineering practices. 7.2 CITY shall inspect work under the Lighting Project at no cost to ACHD or MDC and shall provide copies of appropriate tests and diaries to the ACHD Phase Two Project representative. 7.3 MDC shall reimburse ACHD for all costs associated with the portion of the awarded bid relating to the MDC Lighting Project. MDC shall have the discretion to accept or reject any change orders to the portion of the awarded bid relating to the MDC Lighting Project -vitlun S business days. MDC shall not be obligated to reimburse ACHD for any costs associated Page 12 of 21 ACHD/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two with unapproved change orders, but may, in its discretion, approve any change order retroactively. 7.4 MDC shall also be responsible for and shall reimburse ACHD for changed conditions, plan errors and ornissions, and delays attributable to the MDC Lighting Project as incorporated into the ACHD Phase Two Project. 7.5 ACHD shall make monthly progress payments and the final construction contract payment to the Construction Contractor in conformance with the Construction Contract. Provided, however that before ACHD makes any monthly progress payment to the Construction Contractor for any work relating to any portion of the MDC Lighting Project, MDC shall first approve and authorize such payment in writing. MDC shall hold ACHD harmless for any disputes relative to any monthly progress payment or portion thereof that MDC does not approve and authorize. 7.6 ACHD will submit to MDC a copy of each Contractor progress payment estimate relating to the MDC Lighting Project, as such estimates are approved by ACHD. ACHD shall retain all invoices and other documents supporting such payment estimates. ACHD shall submit a bill to MDC for full and complete reimbursement of the actual construction costs of the MDC Lighting Project as incorporated into the ACHD Phase Two Project and as earned by and paid to the Contractor by ACHD, as well as other costs for which MDC is responsible as set forth in this Agreement, within THIRTY (30) days after final completion of all the work on the MDC Lighting Project. 7.7 MDC shall reimburse ACHD for the actual construct costs of the MDC Lighting Project as incorporated into the ACHD Phase Two Project as well as other costs for which MDC is responsible as set forth in this Agreement. MDC shall pay ACHD within THIRTY (30) days after receipt of ACHD's bill referenced in Section V.7.6 of this Agreement in cash or other immediately available fiends. 7.8 MDC shall be solely responsible for determining that the work for the construction of the MDC Lighting Project is Substantially Complete and will provide ACHD evidence of said acceptance and determination in writing. MDC shall be solely responsible to notify ACHD in writing when Construction Completion play be issued for the MDC Lighting Project. 7.9 In accordance with and subject to, the Cost Share Ordinance and the terms and conditions of the Cost Share Permit as may be issued to MDC by ACHD, MDC, as a co - permittee with the CITY, shall be secondarily responsible for operation and maintenance of the work for the construction of the MDC Lighting Project once said MDC Lighting Project work becomes operational and shall take on such responsibilities in the event the CITY fails in any way to carry out its obligations as set forth in Section IV of this Agreement. 7.10 ACHD shall transfer to MDC for the benefit of MDC, all warranties in the Construction Contract relating to the MDC Lighting Project. Page 13 of 21 ACHD/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two 7.11 ACRD shall transfer to MDC for the benefit of MDC, all title in the work for the construction of the MDC Lighting Project, SECTION VI. INDEMNIFICATIONS 1. ACRD 1.1 ACHD shall, subject to the limitations hereinafter set forth, indemnify, save harmless and defend regardless of outcome, CITY and/or MDC Rom expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by ACHD or ACHD's officers, agents and employees while acting within the course and scope of their employment, which arise fiom or which are in any way connected to the ACHD Phase Two Project. Any such indemnification hereunder by ACHD is subject to the limitations of the Idaho Tort Claims Act (currently codified at chapter 9, title 6, Idaho Code). Such indemnification hereunder by ACHD shall in no event cause the liability of ACIID for any negligent act to exceed the amount of loss, damages, or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of CITY and/or MDC. 1.2 For any claims or actions arising out of the ACHD Phase Two Project, ACHD's obligations pursuant to this Section VI.I shall survive the termination of this Agreement. 2. CITY 2.1 AS TO THE CITY WATER AND SEWER PROJECT, CITY SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS ACHD FROM ANY CLAIM OR ACTION BY ANY THIRD PARTY FOR REIMBURSEMENT OR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO, ANY DAMAGES ARISING OUT OF ANY CLAIM FROM ANY CUSTOMER FOR LOSS OF SERVICES) ARISING UNDER THIS AGREEMENT OR FROM ANY BREACH OF THIS AGREEMENT, OR ARISING OUT OF ANY ACT OR OMISSION OF EITIIER PARTY HERETO, ITS EMPLOYEES, SERVANTS, CONTRACTORS AND/OR AGENTS. 2.2 As to the CITY Water and Sewer Project, CITY shall, subject to the limitations hereinafter set forth, indemnify, save harmless and defend regardless of outcome, ACHD from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by CITY or CITY's officers, agents and employees while acting within the course and scope of their employment, which arise from or which are in any way connected to the CITY Water and Sewer Project. Any such indemnification hereunder by CITY is subject to the limitations of the Idaho Tort Claims Act (currently codified at chapter 9, title 6, Idaho Code). Such indemnification hereunder by CITY shall in no event cause the liability of CITY for any negligent act to exceed the amount of loss, damages, or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of ACHD. Page 14 o'121 ACHD/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two 2.3 As to the CITY Landscape Project, pursuant to the Cost Share Ordinance and any Cost Share Permit issued to CITY there under for the CITY Landscape Project, CITY shall indemnify, defend, and hold harmless ACHD and its elected and appointed officials, employees, agents; and contractors from and against any and all claims or actions for loss, liability, cost, injury, death, damages, mechanics and other liens, arising out the construction, installation, design, use, operation, repair, maintenance, and removal, of the CITY Landscape Project, or that otherwise results from the use, operation, maintenance, design, construction, installation, repair, and occupation of the Right -of -Way by CITY for the CITY Landscape Project, and including any attorney fees and costs that may be incurred by ACRD in defense of such claims or actions indemnified against by CITY (it being specifically agreed that ACHD as the indemnitee play retain its own counsel in connection with any such action, and MDC shall be solely responsible for any attorney fees and costs incurred by ACHD). 2.4 As a co -permittee on the MDC Lighting Project, pursuant to the Cost Share Ordinance and any Cost Share Permit issued to CITY there under for the perpetual maintenance and operation MDC Lighting Project, CITY shall indenu-ufy, defend, and hold harmless ACED and its elected and appointed officials, employees, agents, and contractors from and against any and all claims or actions for loss, liability, cost, injury, death, damages, mechanics and other liens, arising out its use, operation, repair, maintenance, and removal, of the MDC Lighting Project, or that; otherwise results from the use, operation, maintenance, repair, and occupation of the Right -of -Way by CITY for the MDC Lighting Project, and including any attorney fees and costs that may be incurred by ACHD in defense of such claims or actions indemnified against by CITY (it being specifically agreed that ACHD as the indemnitee may retain its own counsel in connection with any such action, and CITY shall be solely responsible for any attorney fees and costs incurred by ACHD). 2.5 For any claims or actions arising out of this Agreement, CITY's obligations pursuant to this Section VI.2 shall survive the termination of this Agreement. 3. MDC 3.1 Pursuant to the Cost Share Ordinance and any Cost Share Permit issued to MDC there -under for the MDC Lighting Project, MDC shall, to the extent permitted by Idaho Law, indemnify, defend, and hold harmless ACHD and its elected and appointed officials, employees, agents, and contractors from and against any and all claims or actions for loss, liability, cost, injury, death, damages, mechanics and other liens, arising out the design of the MDC Lighting Project, or, following completion of the MDC Lighting Project, MDC's use, operation, repair, maintenance, and removal, of the MDC Lighting Project, or that otherwise results from the use, operation, maintenance; design, repair, and occupation of the Right -of -Way by MDC for the MDC Lighting Project, and including any attorney fees and costs that may be incurred by ACHD in defense of such claims or actions indene nified against by MDC (it being specifically agreed that ACHD as the indeinnitee may retain its own counsel in connection with any such action, and MDC shall be solely responsible for any attorney fees and costs incurred by ACHD). 3.2 ACHD shall, to the extent permitted by Idaho Law, indemnify, defend, and hold harmless MDC and its elected and appointed officials, employees,agents; and contractors from and against any and all claims or actions for loss, liability, cost, injury, death, damages, Page 15 of 21 ACHD/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two mechanics and other liens, arising out the construction and installation of the MDC Lighting Project including any attorney fees and costs that may be incurred by MDC in defense of such claims or actions indemnified against by ACRD (it being specifically agreed that MDC as the indemnitee may retain its own counsel in connection with any such action, and ACRD shall be solely responsible for any attorney fees and costs incurred by MDC). 3.3 For any claims or actions arising out of this Agreement, MDC and ACHD's obligations pursuant to this Section VI.3 shall survive the termination of this Agreement. SECTION VII. TERM OF AGREEMENT ACHD 1.1 As to the work described in Section I of this Agreement and the mutual obligations relating thereto, it is anticipated that this Agreement shall terminate upon the satisfactory completion of the work and satisfaction of the obligations of ACHD and CITY and otherwise, the term of this Agreement shall be in conformity with the provisions of Article VIII, Section 3 of the Idaho Constitution. 2. CITY 2.1 As to the work described in Section II of this Agreement and the rntual obligations relating thereto, it is anticipated that this Agreement shall terminate upon the satisfactory completion of the work and satisfaction of the obligations of ACHD and CITY and otherwise, the term of this Agreement shall be in conformity with the provisions of Article VIII, Section 3 of the Idaho Constitution. 2.2 As to the work described in Section III of this Agreement and the mutual obligations relating thereto, if a Cost Share Permit is issued to CITY as provided in this Agreement, the term of this Agreement shall be perpetual as to the CITY's maintenance of the sod, landscaping and irrigation facilities subject to such Cost Share Permit, subject to annual appropriation of such maintenance cost by the CITY as provided in the Cost Share Ordinance and any Cost Share Permit issued to CITY under the Cost Share Ordinance and in conformity with the provisions of Article VIII, Section 3 of the Idaho Constitution. Any party shall not terninate this Agreement without the prior written consent of the other party, other than as set forth in this Agreement. 2.3 As to the the work described in Section V of this Agreement and CITY's status as co -permittee, primarily responsible for the perpetual maintenance and operation of the work as set forth in Section IV of this Agreement and the mutual obligations relating thereto, if a Cost Share Permit is issued to CITY and MDC as provided in this Agreement, the term of this Agreement shall be perpetual as to CITY's maintenance of the work; subject to annual appropriation of such maintenance cost by the CITY as provided in the Cost Share Ordinance and any Cost Share Permit issued to CITY under the Cost Share Ordinance and in conformity with the provisions of Article VIII, Section 3 of the Idaho Constitution. Any party shall not Page 16 of 21 ACHD/City of Meridian/Meridian Development Coiporation Joint Project Interagency Agreement Meridian Split Corridor Phase TNvo terminate this Agreement without the prior written consent of the other party, other than as set forth in this Agreement. 3. MDC 3.1 As to the work described in Section V of this Agreement and the mutual obligations relating thereto if a Cost Share Permit is issued to MDC and CITY as provided in this Agreement, the term of this Agreement shall be perpetual as to MDC's status as a co -permittee, secondarily responsible for the perpetual maintenance and operation of the work in the event the CITY fails in any way to carry out its obligations as set forth in Section IV of this Agreement and MDC takes on such responsibilities, subject to annual appropriation of such maintenance cost by the MDC as provided in the Cost Share Ordinance and any Cost Share Permit issued to MDC under the Cost Share Ordinance and in conformity with the provisions of Article VIII, Section 3 of the Idaho Constitution. Any party shall not terminate this Agreement without the prior written consent of the other party, other than as set forth in this Agreement. SECTION V111. JURISDICTION CITY and MDC each acknowledge and agree that ACRD has exclusive jurisdiction of the public Right -of Way on the ACIID Phase Two Project. ACHD may grant a license and/or a Cost Share Permit to the CITY and/or MDC for the limited purpose of entering upon the Right - of -Way which is the subject of this Agreement, to install, maintain, repair and replace the lighting and related infi•astructure and to plant, install, maintain, repair and replace the landscaping and related sprinkler irrigation infi•astructure within the Right -of -Way subject to the approval of a license and/or a Cost Share Permit. CITY and MDC each agree that this grant of a license and/or permit by ACHD does not grant or confer upon CITY and/or MDC any rights over such public Right -of -Way other than specifically granted by ACIID to CITY and/or MDC under the terms of this Agreement. 1. In accordance with Idaho Code § 67-2332, the purposes, powers, rights, and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated into the body of this Agreement. 2. Contact Information. The contact for ACHD shall be the Project Manager for the Meridian Split Corridor Phase Two Project at (208) 387-6249. The contact for CITY shall be the �,rC,)nC_ (-Aank�U kry-� Cun') at (208) 4S�� - �;7;� 2, The contact for MDC shall be tBe %t l'C� �2%1 �`- - - at (208) 3. Debt Limitation. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. 4. Attorney Fees. In the event of any controversy, claim or action being filed or instituted between the parties to enforce the terms and conditions of this Agreement, or arising Page 17 of 21 ACHD/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two from the breach of any provision hereof, the prevailing party will be entitled to receive from the other Party all costs, damages, and expenses, including reasonable attorneys' fees including fees on appeal, incurred by the prevailing party. The prevailing party will be that party who was awarded judgment as a result of trial or arbitration. 5. Choice of Law. This Agreement shall be governed by, and construed in accordance with, the Iaws of the State of Idaho. 6. Exhibits. All exhibits to this Agreement are incorporated by reference and made a pant of this Agreement as if the exhibits were set forth in their entirety in this Agreement. 7. Entire Agreement. This Agreement and the exhibits hereto constitute the frill and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. This Agreement may not be enlarged, modified, amended or altered except in writing signed by all parties hereto. 8. Acluiowledgments and Modifications. No acknowledgments required hereunder, and no Modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by ACHD and CITY and MDC. 9. Headings. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. 10. Counterparts. This Agreement may be executed in three or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. 11. No Third Party Beneficiaries. This Agreement is not intended to create, nor shall it in any way be interpreted or constructed to create, any third party beneficiary of this Agreement. 12. Drafting. All parties have been represented by counsel and no party shall be deemed to be the drafter of this document for purposes of interpreting an ambiguity against the drafter. 13. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 14. Warranty of Authority. All signatories to this Agreement represent and warrant that they have the have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement. 15. Non -Waiver of Breach. Failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce Page 18 of 2I ACHD/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by ACHD, CITY and MDC. 16. No Joint Venture. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. 17. Time of the Essence. Time shall be of the essence for all events and obligations to be performed under this Agreement. 18. MDC Existence Not Perpetual. So far as they pertain to MDC, the duties and obligations under this Agreement shall only exist so long this Agreement remains in effect and so long as MDC is in existence; provided however, that the duties and obligations under this Agreement shall be binding upon, and shall inure to the benefit of MDC's lawful and approved successors and assigns if any. End of Agreement [Signature page folIows.] Page 19 of 21 ACRD/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split CoiTidor Phase Two IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. City of Meridian: �, 'moi �'�'' �" r1L�'-- ` �. ��✓�--�� -, �° By: Tanuiiy�d` Weerd Its: Mayes Ada County Highway District: y ebecca W. Arnold Its: President ATT'ES'T': w -�Diector, Bruce S. W ng Meridian Development Corporation: J_ By: tOie Pipal Its: Chair AT Tr rer R S re dr Page 20 of 21 ACRD/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two EXHIBITS Attached Page 21 of 21 ACIID/City of Meridian/Meridian Development Corporation Joint Project Interagency Agreement Meridian Split Corridor Phase Two FRANK IN R,0, -AD WILLIAMS STPEET AVENUE STATE AVENUE CARLTON AVENUF [WASHINGTON STREET 07U > CHERRY AVENUE o MAPLE AVENUE AVENUE � r 'RY FAIRVTlEw I Z-�HLANE AVENUIEr CAPAAEL DPJVE E:XH,B,T-A !'ING S -MEET T AltOl AVENUE ADA STPEET BOWER STREET fitt'. 1t WmloN FACir-ic r. RAILROAD 00 BROADWAY AVENUE IDAHO AVENUE jj PINE AVENUE STATE AVENUE CARLTON AVENUF [WASHINGTON STREET 07U > CHERRY AVENUE o MAPLE AVENUE AVENUE � r 'RY FAIRVTlEw I Z-�HLANE AVENUIEr CAPAAEL DPJVE E:XH,B,T-A m 7 EXHIBIT- ._ -- -4", 1'Q E XHIBIT C 0 /L 711- T-7 --- 7 -7 - CARMEL DRIVE X05,620 SF 24 - lot 09 I t � R � ,�,� ishi l: moi( •�.A �•.� � fp .: a. �' t{ � f �: •� 7 a� 5, �N l- �tltiCOL., .'� f `11 .: ! : u+1 (1:., ®W- 1 � + f- i •c�� , - i l\ rel 6dAMY Yl K wRan .; 1i 5 lig4, c t 17 y;�..i T Yr E4 AV L I.: { �i;:'��,' � a l_. I� l ai I t a. �jiC�'1 C �s • 1�.J.�,i� �5 .j:4 � q��ky�Ei , 7;.r�'}, p i° l 1.P4%�Yl. OEM sr f 16NCTf�id Aid S` t ..�...w� 1t "`` TIM �' cAtli .t" sx I p d r ' j I r a•1 �� 11MRS5. ps,4 IS i 3 i E GROA:. rag. P r TL IL mil Y� a r i# r 1 In �tL nt F 5 r r L iL �... !: ''a •'� a'-+ .j7` t i Z t1 ?I r N L p 1 b ?{ #R h) '' � , .4 jil- on Al IN W. ESTIMATE OF COST - PHASE 1 MDC LIGHTING PROJECT - EXHIBIT H SPLIT PROJECT AT BROADWAY AVENUE ESTIMATE OF COST- PHASE 3 DESCRIPTION UNIT QUANTITY UNITPRICE AMOUNT_ _ Relucalc Cxictbu Hi.lodcal Po;. EACH 1 $1.000.W 51,000.00 - C00dui1 Sim 2 inch RPC L.FT. 1,180 55.50 :G,420k:) Junei—Box EACH 01 5500.00 $30,500.00 rtul:ll4atbn _ - LSUTA 1 $5,700.00 $S,7C0.00 TOTAL S13,G50.00 ESTIMATE OF COST - PHASE 2 DESCRIPTION _ ^_—NIT (HiWt r—l}SItoot Lioht FACII QUANTITY 18 UNITPRICE 55,GC0.00 AMOUNT 5100,800.00 Wim/CanduclnrTypo 114 AWG L.FT. 2,200 $1.25 — S$750.00 f=,rMConductor Typo tIG AWG LFTL 1,745 51.00 51,745.00 � Conduit Sizo 2 inch RPC LIT. 90 $5.50 $495.00 1LoSlllmtun L.SUM 1 515,880.00 515,880.00 EACH TOTAL $121,070.00 MERIDIAN RD MAIN ST r~n } j Q 'L W m m DESCRIPTION UNIT QUAN*nw IUNIT PRICE AMOUNT (Hiatodd)Strcot LiOhl EACH 39 $5,000.00 5210,400.00 -�— WimICcnducOrTyp044 AWG L.FT, LFT. 3,100 0,740 51.25 51.00 $3,987.50 $6,740.00 WWuXuad.aor Typu 116 AWG 1Yiro/Cotid=orTypa 0370 A%YG L.FT. 105 $5.00 5525.00 Condait S'i:.o 21nch RPC S.M( PcdO.tal LFT. 195 55.50 $1,07 50 EACH 2 i 52,5W.00 $5,000.00 htc5:llza90n LSU1.1 7 ! 535,300.00 535,360.00 TOTAL S271.OGS.OD SCAI.G 1'.v 206' LEGEND – IIISTORICLUMINAiREPOLE u SEMACEPEDESTAL vS,O STREETLIGHT 3h EXISTING HISTORIC LUMINAIRE POLE TO SE RELOCATED O :reuecru - OCRInCC PLD[STRC I hik- .;4.?g' ::'':.Y w D= cr U w 2 w I ity::,�F. 'IF.. ,:.. _1�. ..M....:('-" .,ry z i N Q w w ¢ Q ¢ ¢ - z li w W Z co Q = z z0 1— f,) L. �I ¢ Q = D- W la R C SEIiVICO pECL9TN. om'i 0U ED ¢ l QO ~ a Z Qp v p n W _I a. 31-11 .11 IDAHO AVE f r 8 PINE AVE yg �Qm drfl traz 23s� �� LIATCH LINE STA 78+50 SEE SHEET 3 OF 4 MERIDIAN RD AND MAIN ST SPLIT CORRIDOR - PHASE 2 N MDC HISTORIC STREET LIGHT PLAN A BONER ST , C. 9qz X , W z I a m n A pP r ; y i I X� 1. r MATCH LINE STA 68+75 Ej © D ❑6 ®O �0 61 D P ©o oan faga Ps sm��s s�� � o �i �8 a9 a Nd >N A oe 3 m P S� =�y+� m fn a s A N£e su 3 e;s3� 06 A �'s 'sem A w mN -74 H"a 4 m Q..s. zs m rn NOTAPPROVED FOR m 2264 S Bonito My, Ste I Stanle Consultants '":r", 1) 83842 Y Fk (208) 855-5600 A Stan!¢y Coup CnpMy Foe (208) 855-5655 Engi�e¢mg, FnViMnleitd E _i➢ 't�F ptl�'^Q❑❑ SEE SHEET 2 OF 4 s sP C7 ® MATCH UNE STA 78+50 HATCH LINE STA 88+00 A I f a nimr;, n` D!i A.I I r li �S U2 I ( lit STATE AVE �y® PR�❑ I CHERRY AVE 9-f-: �B w E l\\\RyI $ s I it SI I it q II'I iI BB pi� �jNe� � III a '8 CARLTON AVE MAPLE AVE �8® 9 I% A g o � Fit -wo I'I b U IM > I m WASHINGTON AVE Eli ELM ELM AVE i I = Fkm MATCH LINE STA 88+00 a pt 9 A MATCH LINE STA 98+00 • 0 2s � v8 • � � �0 H� ., 22 K,$ SEE SHEET 4 OF 4 D O ®'� D D D D za € e ags 2 2 �$ V" s= m 2 Iv, p z y la q e s R 3 s 9 a c7 �_ "s F m FFa a �n�� sH z C 4 Z In yg �� e O O8Fe 1 9 fa H8 : N MERIDIAN RD AND MAIN ST BFes"4 OAI IIIIIa 0:n?II. NOTAPPROVED mW 2264 6r a slo e ne y, sleISGSPLIT CORRIDOR - PHASE 2 FOR Stanley Consultants M, 12 (208)d855-5600 MDC HISTORIC STREET LIGHT PLAN A StWq G -p C -V y F.. (206) 955-5656 > _ bp.,iq, Enitrcnmen(d ]L.�B➢Bt BCS G-bcm BY:e�i ,---S112 _.....___._ /Af5A1t�T011/ATIfSAI aid C—t—LI. S=aW—- Nbr.Ifi a ollJl' I i, Multi -Use Pedestrian Pathway Easement for Scentsy Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 E BOISE IDAHO 08/15/12 10:24 AM DEPUTY Vicky Bailey tt RECORDED -REQUEST OF III I II II 112082272 Meridian City RECREATIONAL PATHWAY EASEMENT THI AGREEMENT, made and entered into this 14 day of A a vs4- , 2012, between AY2. LuP hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantee desires to grant an easement to establish the pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the Grantor does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit `B" attached hereto and incorporated herein. The easement hereby granted is for the purpose of providing public recreational pathway easements for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement unto the said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it 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. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that Grantor shall repair and maintain the pathway improvements. TME GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will. warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNE ESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. G I3Y: la rp Its:b�Y' STATE OF IDAHO ) ss County of Ada ) On this 'v b -t - day of .J tJ �/ , 2012, before me, the undersigned, a Notary Public in and for said State, p rse onally appeared __ . ory Ile known or identified to me to be the 42 �i of the Corporation that executed the within instrument, and acknowledged to me`t at such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. �i NOTARY Pi LI-- OR IDAHO Residing at: e64b I10 Commission Expires: GRANTEE: CITY OF MERIDIAN Tammy e eerd, Mayornuc�,sr o� r9 city of g IDIAN At est by cee Holman, City Clerk SEAL Approved By City Council On: yr STATE OF IDAHO ) ss. County of Ada ) On this 14 day of _ Ayy SA- , 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) : 5�'SSO T9J®;� ° �A ,,�� • 00 4NARY tPUBL FOR IDA Residing at:_ Me,d ian . t r Commission Expires: , " 4 ;�n1,4 Exhibit A Leel Description Recreational Pathway Easement No. l An easement being located in the SE 1/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the northeast corner of said SE %, from which a brass cap monument marking the southeast corner of said SE 1/4 bears S 1 °02'07" W a distance of 2650.24 feet; Thence S 1'02'07" W along the easterly boundary of said SE '/4 a distance of 83.97 feet to a point; Thence leaving said easterly boundary N 88°57'53" W a distance of 70.00 feet to a point on the westerly right-of-way of Eagle Road and the POINT OF BEGINNING; Thence S 1002'07" W along said westerly right-of-way a distance of 738.04 feet to a point; Thence continuing along said westerly right-of-way S 71°10'34" W a distance of 26.58 feet to a point; Thence leaving said westerly right-of-way N 1'02'07" E a distance of 340.00 feet to a point; Thence N 4"50'16" W a distance of 97.75 feet to a point; Thence N 1"02'07" E a distance of 329.00 feet to a point on the southerly right-of-way of Pine Avenue; Thence N 89°39'03" E along said southerly right-of-way a distance of 14.58 feet to a point; Thence continuing along said southerly right-of-way S 45016'30" E a distance of 28.25 feet to the POINT OF BEGINNING; This parcel contains 22,630 square feet (0.52 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC July 24, 2012 (___--Lind sumaying and Consulting \QNP1. LAMS 14 T R G `)A 7/2.N/1 z -Z- ON W NP Scentsy Job No. 11-72 Page 1 of 1 Exhibit Leel Descriptiarl Recreational Pathway Easement No. Z An easement being located in the SE % of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the southeast corner of said SE 1/4, from which a brass cap monument marking the northeast corner of said SE %4 bears N 1°Q2'07" E a distance of 2650.24 feet; Thence N 1002'07" E along the easterly boundary of said SE '/ a distance of 1298.34 feet to a point; Thence leaving said easterly boundary N 88°55'28" W a distance of 70.00 feet to a point on the westerly right-of-way of Eagle Road and the POINT OF BEGINNING; Thence N 88055'23" W along the northerly right-of-way of the Union Pacific Railroad a distance of 20.00 feet to a point; Thence leaving said northerly right-of-way N 1'02'07" E a distance of 436.89 feet to a point on the westerly right-of-way of Eagle Road; Thence S 69°31'00" E along said westerly right-of-way a distance of 21.21 feet to a point; Thence continuing along said westerly right-of-way S 1'02'07" W a distance of 429.84 feet to the POINT OF BEGINNING; This parcel contains 8,667 square feet (0.20 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC July 24, 2012 Lai�oblutlons �ri'`lanq Surveying and Consulting S T NptS .c 11118 t',iL TF OF TON W Scentsy Job No. 11-72 Page 1 of 1 E. PINE A W. 114 LINE EASEMENT i BEARING POINT OF J 83 97' S 102'07" BEGINNING v= AV 70 00' N 8857'53" O L3 26.58' S 7170'34" W L4 m N 4'50'16" W L5 329.00' N 102'07" E L6 14.58' N 89'39b3" E WJ N � 5 4576'30" E 00 J � PN �s N COMMERCIAL Sr y 2 O 1 J � W LINE TABLE LINE LENGTH BEARING Ll 83 97' S 102'07" W L2 70 00' N 8857'53" W L3 26.58' S 7170'34" W L4 9775' N 4'50'16" W L5 329.00' N 102'07" E L6 14.58' N 89'39b3" E L7 28.25' 5 4576'30" E L8 1 70,00' IN 88°5528" W L9 20 00' N BB 55'23" W L10 21.21' 1 S 69:31'00" E W of N Ni. LAN zz EASEMENT 2 1 1118 POINT OF�'�► i ( 24ta ,Z 9�f BEGINNING J L8 `� ®F ...®N NPS L9 w UNION PAGInC RAILROAD N 8 9 wo 17 16 *�La�n urve in and Const.Jltin n Inn eon 400 Y 9 231 E. STH ST., STE. A MERIDIAN, ID 83642 (2081286-2040 (208( 288.2557 fax www. iandsolu tions.biz August 2012 ITEM NUMBER: Water Main Easement for Scentsy Warehouse Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS VW01111, Public Works TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: 8/9/12 SUBJECT: Water Main Easement for Scentsy Warehouse I. RECOMMENDED ACTION A. Move to: Mayor Tammy de Weerd City Council Memberse Keith Bird Brad Hoaglun Charles Rountree David Zaremba 1. Approve Water Main Easement for the City of Meridian, located on site of the Scentsy Warehouse, 2805 E. Commercial Street by Hot 1 LLLP. This easement provides The City of Meridian the ability to access the new water main installed with the construction of Scentsy Warehouse project. 2. Authorize the Mayor to sign the easement and the City Clerk to attest it. II. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Director of Community Development 489-1569 Bruce Freckleton, Development Services Manager 489-0362 Scott Steckline, Land Development Supervisor 489-0369 Denny Cline, Development Analyst II 489-0363 Supervisor Approval ( -) � I -- Scott Steckline: Page I of I Supervisor ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 08/15/12 10:24 AMDEPUTY II II RECORDEDiC REQUEBaileST OF Meridian City 112082271 WATER MAIN EASEMENT THIS INDENTURE, made this 14 day of , 20.�between hkl, , the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: LA M mber Address STATE OF IDAHO ) ) ss County of Ada ) On this Ste— day of -06k , 201 /,before me, the undersigned, a Notary Public in and for said State, personally appeared _'R. OYVr Ile, known or identified to me to be a member of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. L� , r NOTARY - Residing at Commission L� r Water Main Easement EASMT WTR GRANTEE: CITY OF MERIDIAN O�pTEA A UGVST Tammy de re/d, Mayor 3` !9� City of E IDIAN IDAHO '�l A EAL Attest by ycee L. Holman, City Cler °�6rTRlAS� Approved By City Council On: (� STATE OF IDAHO ss County of Ada On this k -4 day of Am A v_ , 20 t 2. , before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. CA T.1 z\ 0- ® NO RY PUBLI FOR IDA ® (SEAL' Residing at: Mc*Adimn l 6 • Commission Expires: - a n A 2 b i '•; OF IDN:•® •.••.•• Water Main Easement EASMT WTR B'b (r*JU- THE GATEWAY 1-U-13 COMPANIES GRGUPGN ;; MAPPING EXHIBIT A J•u-B ENGINEERS, INC. LEGAL DESCRIPTION FOR A CITY OF MERIDIAN WATER LINE EASEMENT IN PARCEL 2 IN RECORD OF SURVEY NO. 6640, RECORDED SEPTEMBER 28, 2004, AS INSTRUMENT NO. 104124309 LOCATED IN THE SEI/4 OF SECTION 8, T.3N, R.1 E, B.M., MERIDIAN, ADA COUNTY IDAHO A portion of land situated in the Southeast 1/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows; Commencing at the Southeast corner of said Section 8 from which the East Quarter corner of said Section 8 bears North 01 °29'03" East, 2,650.24 feet; thence North 01 °29'03" East along the Easterly boundary of said Section 8, 1,298.35 feet; thence North 88'28'27" West, 70.00 feet to the intersection of the Westerly right-of-way of Eagle Road, and the Northerly right-of-way of the Union Pacific Railroad; thence North 88`28'27" West along said Railroad right-of-way 1,303,29 feet to the Southeast corner of that certain parcel of land described as the first parcel in Warranty Deed Instrument No. 8226773, Records of Ada County; thence along the Easterly boundary of said first parcel North 00°32'01" East, 81.68 feet to the POINT OF BEGINNING; thence North 89°30'25" East, 20.91 feet; thence North 45°30'59" East, 25.89 feet; thence North 01 31'33" East, 275.70 feet; thence South 88°28'27" East, 14.11 feet; thence North 01 "31'33" East, 20.00 feet; thence North 88`28'27" West, 14.11 feet; thence North 01 "31'33" East, 53.35 feet; thence North 88"28'27" West, 20.00 feet; thence South 01 °31'33" West, 340,98 feet; thence South 45°30'59" West, 9.73 feet; thence South 89"29'32" West, 12.48 feet; thence South 00° 32'01 " West, 20.00 feet to the POINT OF BEGINNING. The above-described easement contains 7,872,57 square feet, more or less, and is subject to any easements, restrictions and covenants which a search of the public record would disclose. The description is based on record information shown in an ALTA / ACSM Land Title Survey for Orville Thompson dated April 9, 2010. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. R. Thomas Ruby, P.L.S. EXHIBIT A SKETCH SHOWING THE CONFIGURATION OF A CITY OF MERIDIAN WATER LINE EASEMENT IN PARCEL 2 IN RECORD OF SURVEY NO. 6640, RECORDED SEPTEMBER 28, 2004, AS INSTRUMENT NO. 104124309 LOCATED IN THE SE Y OF SECTION 8, T3N, R1 E, B.M., MERIDIAN IDAHO THIS SKETCH IS BASED IN PART UPON INFORMATION SHOWN IN THE ALTA/ALSM LAND TITLE SURVEY FOR ORVILLE THOMPSON DATED APRIL 9, 2010 S, 00°32'01" W. 20,00' POINT OF N, 45°30'59' E. BEGINNING 25,89' N. 89°30'26' E. N. 00'32'01" E. J- 20.91' 81.68' _--...._......._..____-,.,_,_ � N. OB 282T` W 1303,29'����� L A ft CJUS'l 4��)0 �e�i( C U -B ENGINEERS, INC. 078 1 South Beechwood Ave, #201, Boise, ID 88709 J PHONEt (208) 376.7330 OF rly0 V 111=80' E. PINE AVE. >RNER CPBF RUMENT N0. 10803843 is-:... — ..... s; ..�`.. N N POINT OF COMMENCEMENT SE CORNER OF SEC, 8, T3N, RIE, B.M. 9 16 CP 6 F INSTRUMF..NT N0. 106026503 N, 8" 8'27 --+ti.......-.—+,--•- yw..-«r-.....«..,ter-: W 2000 ` COMMERCIALCOURT K 1, 63.35' [ N. 68°28'27" W. 1 [ 14,11' 1 N. 01 °31'33' E, —_.._..._— [ 20,00' r�[ r S. 88"28'27' E. S. 01°31340.98' 14,11' [ [ rr [r rr rr r [ PARCEL 2 RECORD OF SURVEY r r NO. 6640 - DATED 9128/04 - [ ( INSTRUMENT NO. 104124309 1 [ � r�r r [ ^W WATER LINE EASEMENT S. 46`30'59V° 3. [ WATER LINE �.rr r r N. 01 °31'33° E. x S. 89°29'32" W, 12.48' r 275.70' i [ S, 00°32'01" W. 20,00' POINT OF N, 45°30'59' E. BEGINNING 25,89' N. 89°30'26' E. N. 00'32'01" E. J- 20.91' 81.68' _--...._......._..____-,.,_,_ � N. OB 282T` W 1303,29'����� L A ft CJUS'l 4��)0 �e�i( C U -B ENGINEERS, INC. 078 1 South Beechwood Ave, #201, Boise, ID 88709 J PHONEt (208) 376.7330 OF rly0 V 111=80' E. PINE AVE. >RNER CPBF RUMENT N0. 10803843 is-:... — ..... s; ..�`.. N N POINT OF COMMENCEMENT SE CORNER OF SEC, 8, T3N, RIE, B.M. 9 16 CP 6 F INSTRUMF..NT N0. 106026503 • • r Auqust 14, 2012 ITEM NUMBER: 4E Water Main Easement for Scentsy Distribution Center MEETING NOTES / t'j "'rt Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS I �W E I D I A DAHO Pu blic N I WorksDepartment TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: 8/9/12 SUBJECT: Water Main Easement for Seentsy Distribution Center I. RECOMMENDED ACTION A. Move to: Mayor Tammy de Weerd City Council Mernberso Keith Bird Brad Hoaglun Charles Rountree David Zaremba 1. Approve Water Main Easement for the City of Meridian located on site of the Scentsy Distribution Center, 2700E Pine Ave.,by Hot 1 LLLP This easement provides The City of Meridian the ability to access the new water main installed with the construction of Scentsy Distribution Center project. 2. Authorize the Mayor to sign the easement and the City Clerk to attest it. II. DEPARTMENT CONTACT PERSONS Supervisor Bruce Chatterton, Director of Community Development 489-1569 Bruce Freckleton, Development Services Manager 489-0362 Scott Steckline, Land Development Supervisor 489-0369 Denny Cline, Development Analyst II 489-0363 Scott Steckline: Land Development Supervisor Page I of I ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 i BOISE IDAHO 08115112 10:24 AM DEPUTY Vicky Bailey I�� II II �� I III II I I III II RECORDED—REQUEST OF 112082270 Meridian City WATER MAIN EASEMENT THIS INDENTURE, made this A day of _44,20 20 IZ between 11,9T1 , LLLP , the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area ofthe easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT%20WTR[2] THE7 GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: 14i� 1% e -w. t�2 Address Secretary STATE OF IDAHO ) ) ss County of Ada ) On thisI?--day of -,Ju,-(V , 20 j ?-,before me, the undersigned, a Notary Public in and for said State, personally appeared `l . ��vi ��Z T -10 h- known or identified to me to be the ",t-"d-;eeetp, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,1 have hereunto setmy hand and affixed my official seal the day and year fist above written. (SEAL) NOTARY PpIDAHO Residing at F -TI) Commission Expires: i 0- Y J _� Water Main Easement EA.SMT%20WTR[2] GRANTEE: CITY OF MERIDIAN Tammy de erd, Mayor C Attest b cee L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO ) ss County of Ada ) O4pT13o a UCUsT 400 j ry z � A ,, city of IDAHO SEAL r On this day of Av a V S+ , 20 12 , before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ®0008••• • ICA00 •. v (SEAL) •:0 OF IDQ+�:•• •4446..• NO ARY PUBLit FOR IDAHO Residing at: %46 r'tcitp,n lb Commission Expires: \-�r► d . 2014 Water Main Easement EASMT%20WTR[2] December 22, 2010 EXT -11B1111 "A" Water Main Easement For Seentsy Distribution Area Page 1 of 3 Project No. 23213 A ten foot wide strip of land located in the N1/2 of the SE1/4 of Section 8, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows. Commencing at the East z/a corner of said. Section 8, said corner bears South 89°39'03" West, 2615.02 feet from the center of said Section 8; thence along the North line of said SEI/4 South 89039'03" West, 1372.30 feet; thence South 0°20'57" East, 109.00 feet to the REAL POINT OF BEGINNING. Thence South 0°20'57" East, 118.81 feet; Thence South 5413852" West, 54.69 feet; Thence South 0103'42" West, 24.96 feet; Thence South 52°24'01 " East, 85.17 feet; Thence Noah 6915353" East, 12.90 feet; Thence South 20106'07" East, 10.00 feet; Thence South 69°53'53" West, 13.33 feet; Thence South 20106'07" East, 44.79 feet; Thence North 69053153" East, 15.89 feet; Thence South 89156'18" East, 6.89 feet; Thence South 28°15'13" East, 11.36 feet; Thence North 89°56'18" West, 10.50 feet; Thence South 69°53'53" West, 14.11 feet; Thence South 20°06'07" East, 56.75 feet; Thence South 0°03'42" West, 83.64 feet; Thence South 89°56'18" East, 15.00 feet; Page 2 of 3 Thence South. 0°03'42" West, 10.00 feet; Thence Norah 89°56'18" West, 15.00 feet; Thence South 0°03'42" West, 2.54.88 feet; Thence North 88°55'23" West, 10.00 feet; Thence North 0°03'42" East, 53.48 feet; Thence North 89°56'18" West, 30.00 feet; Thence North 0°03'42" East, 10.00 feet; Thence South 89"56'18" East, 30.00 feet; Thence North 0°03'42" East, 28.00 feet; Thence North 89°56'18" West, 67.00 feet; Thence North 0°03'42" East, 16.34 feet; Thence South 89°56'18" East, 10.00 feet; Thence South 0103'42" West, 6.34 feet; Thence South 89156'18" East, 57.00 feet; Thence North 0103142" East, 245.08 feet; Thence North 20°06107" West, 117.55 feet; Thence North 52°24'01" West, 86.39 feet; Thence North 0°03'42" East, 17.46 feet; Thence North 89°56'18" West, 531.98 feet; Thence North 0°03'42" East, 10.00 feet; Thence South 89°56'18" East, 74.98 feet; Thence North 0103'42" East, 18.65 feet; Thence South 89°56'18" East, 10.00 feet; Mage 3 of 3 Thence South 0°03'42" West, 18.65 feet; Thence South 89°56'18" East, 262.06 feet; Thence North 0°03'42" East, 1897 feet; Thence South 89°56'18" East, 10.00 feet; Thence South 0°03'42" West, 1897 feet; Thence South 89°56'18" East, 174.94 feet; Thence North 0°03'42" East, 7.58 feet; Thence North 54°38'S2" East, 54.64 feet; Thence North 0120'57" West, 113.61 feet; Thence North 89°39'03" East, 10.00 .feet to the Point of Beginning. EXHIBIT "B" E. PINE AVENUE 189"39'03"f. 898.17' .� I \-- N44'51'22'E 28.39' I I i CNTR 1/4 1242,72' SOO'20'57-E- 109.00' 2Cr15.T32' 1/d 1372.3U' SflTS9 171 + in i1_ L I � I j I N44'25'50"W 211.53' i I .....,—_— _ — —.. ._,_..._._-- — _.__...—._.___— t� 100'03'421: 50.01' REVISIONS: E. COMMERCIAL, CT. EXISTING 70' I I N68'55'231Y 646.10' UTILITY EASEMENT \ WATER MAIN EXHIBIT LOCATED IN THE N 1/2 OF THE SEI/4 OF SECTION 8, T.3N., R.I.E., B.M. a MERIDIAN, ADA COUNTY, IDAHO Riau/ nez"I m -i r. INC 1940 S. BONITO WAY, SUITE 140 MERIDIAN, IDAHO, 83642 D1VG NAUIE: DWG DAM DWU NU. SCAL):: JOB NO. DRAWN BY-, 23Z13 -WATER -WE 12/22/2010 1 OF 1 IST$ 23213 I:SM WATER f N.EASEMENT I �. I______,_— L � -_w____-_ ,..... ____1 �-'� ..__...— ---— ___---- .. --if -__..__- -..- __..__-__---..-...._W___wv_____—..__..______- i F -------- .,SOS'11'07'E 29.01' $06'02'51'W 34.69' n I I t1 t � S?6' 15' 13"E 34.65' SOV03'42"W 20,00' N 1 503'51'41 "E 47.89' 1 nisTRlsunaN I CENTER PITS j I 1 { Ll i 171 + in i1_ L I � I j I N44'25'50"W 211.53' i I .....,—_— _ — —.. ._,_..._._-- — _.__...—._.___— t� 100'03'421: 50.01' REVISIONS: E. COMMERCIAL, CT. EXISTING 70' I I N68'55'231Y 646.10' UTILITY EASEMENT \ WATER MAIN EXHIBIT LOCATED IN THE N 1/2 OF THE SEI/4 OF SECTION 8, T.3N., R.I.E., B.M. a MERIDIAN, ADA COUNTY, IDAHO Riau/ nez"I m -i r. INC 1940 S. BONITO WAY, SUITE 140 MERIDIAN, IDAHO, 83642 D1VG NAUIE: DWG DAM DWU NU. SCAL):: JOB NO. DRAWN BY-, 23Z13 -WATER -WE 12/22/2010 1 OF 1 IST$ 23213 I:SM Water & Sewer Easement for Scentsy North Campus 14ff g -v-0 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: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: 819112 SUBJECT: Water & Sewer Easement for Scentsy North Campus I. RECOMMENDED ACTION A. Move to: Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree nnviri 7arPmhn 1. Approve a Sewer & Water Main Easement for the City of Meridian, located on site of the Scentsy North Campus 2700 E. Pine Ave., by Hot 1, LLLP. This easement provides The City of Meridian access to maintain and service new sewer and water main being installed, to provide service for proposed commercial buildings within the Scentsy North Campus. 2. Authorize the Mayor to sign the easement, and the City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Director of Community Development 489-1569 Bruce Freckleton, Development Services Manager 489-0362 Scott Steckline, Land Development Supervisor 489-0369 Denny Cline, Development Analyst II 489-0363 t. Supervisor Approvals --��• �.� ,.� � Scott Steckline: Land Development Supervisor Page I of I ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 06115112 10:24 AM RDEPUTY ECORDEDi—REQUEST OF Meridian City 112082269 THIS INDENTURE, made this day of �, 20 I Z between Wor z ..1 ZIE , the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT.SandW[2] THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever, IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: tv�ew�.bet�-- Address Secretary STATE OF IDAHO ) ) ss County of Ada ) On thisUr'^ day ofuI U, 2q�, before me, the undersigned, a Notary Public in and far said State, personally appeared 1�. known or identified to me to be the -I?r �Stcretmy, respectively, of the corporation that executed the within Inst ument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. A�4 Sanitary Sewer r Main Ea: .,F OF '��',,ltlti NOTARY PU 0 , OR IDAHO Residing at:�C�, Commission Expires: F�7L EASMT.SandW[2] GRANTEE: CITY OF MERIDIAN Tammy,Affe"fiVeerd, Mayor Attest by 14cee L. Holman, City Clerk nuq&sr ?f 9� city of (.-�Vi EID� IAN AL V V Approved By City Council On; AjP0,11ke, STATE OF IDAHO, ) . ss. County of Ada ) On this IQ day of lav ay5A- , 2012, before me, the undersigned, a Notary Public in and for said State, personal ay pl peared Tammy de Weerd and Jaycee L. Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. °51CTA o °�'®° • ARY PU IC FOR O ® Residing at: W�-n 1 D ® Commission Expires: ozUA ®® Oe ®'®: rE of o$ °0990°•• Sanitary Sewer and Water Main Easement EASMT.SandW[2] Leel Description Scentsy Phase 2. Sewer and Water Easement An easement being located in the SE % of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the northeast corner of said SE %, from which a brass cap monument marking the southeast corner of said SE % bears S 1002'07" W a distance of 2650.24 feet; Thence S 1002'07" W along the easterly boundary of said SE % a distance of 83.97 feet to a point; Thence leaving said easterly boundary N 88°57'53" W a distance of 70.00 feet to a point on the westerly right-of-way of Eagle Road; Thence N 45016'30" W along said westerly right-of-way a distance of 28.25 feet to a point on the southerly right-of-way of Pine Street; Thence S 89039'03" W along said southerly right-of-way a distance of 284.57 feet to the POINT OF BEGINNING; Thence leaving said southerly right-of-way S 0°20'57" E a distance of 65.40 feet to a point; Thence S 13°55'20" W a distance of 78.95 feet to a point; Thence S 23019'29" W a distance of 53.10 feet to a point; Thence S 66040'31" E a distance of 31.99 feet to a point; Thence S 44°10'31" E a distance of 65.50 feet to a point; Thence S 10°12'53" E a distance of 11.72 feet to a point; Thence N 72"48'58" E a distance of 38.63 feet to a point; Thence S 17"11'02" E a distance of 20.00 feet to a point; Thence S 72048'58" W a distance of 31.00 feet to a point; Thence S 10°12'53" E a distance of 12.44 feet to a point; Thence S 79047'07" W a distance of 10.00 feet to a point; Thence S 1012'53" E a distance of 4.12 feet to a point; Thence SOUTH a distance of 165.62 feet to a point; Thence S 11°35'02" W a distance of 25.24 feet to a point; Q _ r dons Scentsy -- Phase 2 �-�Land Surveying and Consulting Job No. 11-09 Page 1 of 5 Thence S 78°24'58" E a distance of 7.72 feet to a point; Thence S 11 035'02" W a distance of 10.00 feet to a point; Thence N 78°24'58" W a distance of 7.72 feet to a point; Thence S 11 °35'02" W a distance of 44.70 feet to a point; Thence S 2310'05" W a distance of 147.84 feet to a point; Thence S 1004'37" W a distance of 83.18 feet to a point; Thence N 88°55'23" W a distance of 32.00 feet to a point; Thence N 1004'37" E a distance of 115.18 feet to a point; Thence N 66°49'55" W a distance of 7.27 feet to a point; Thence N 23"10'05" E a distance of 33.52 feet to a point; Thence S 66°49'55" E a distance of 18.96 feet to a point; Thence N 23°10'05" E a distance of 93.66 feet to a point; Thence N 11 °35'02" E a distance of 73.75 feet to a point; Thence N 1 °10'41" W a distance of 96.88 feet to a point; Thence WEST a distance of 58.11 feet to a point; Thence NORTH a distance of 20.00 feet to a point; Thence EAST a distance of 57.70 feet to a point; Thence N 1 °10'41" W a distance of 90.25 feet to a point; Thence N 44°10'31" W a distance of 44.92 feet to a point; Thence N 66040'31" W a distance of 28.19 feet to a point; Thence S 23°19'29" W a distance of 5.00 feet to a point; Thence N 66°40'31" W a distance of 10.00 feet to a point; Thence N 23°19'29" E a distance of 5.00 feet to a point; Thence N 66°40'31" W a distance of 39.57 feet to a point; Thence S 89039'03" W a distance of 218.91 feet to a point; Thence N 79005'57" W a distance of 79.22 feet to a point; LA-dSolutions Scentsy — Phase 2 (--------LandPag�Land surveying and Consulting Job Page 2 of 2 of 5 8 Thence S 0°20'57" E a distance of 39.05 feet to a point; Thence S 45°00'00" E a distance of 54.46 feet to a point; Thence SOUTH a distance of 50.08 feet to a point; Thence EAST a distance of 31.41 feet to a point; Thence SOUTH a distance of 20.00 feet to a point; Thence WEST a distance of 31.41 feet to a point; Thence SOUTH a distance of 31.64 feet to a point; Thence WEST a distance of 20.00 feet to a point; Thence NORTH a distance of 93.43 feet to a point; Thence N 45°00'00" W a distance of 54.38 feet to a point; Thence N 0°20'57" W a distance of 48.07 feet to a point; Thence S 89°39'03" W a distance of 170.68 feet to a point; Thence S 70°38'16" W a distance of 45.62 feet to a point; Thence S 59°23'16" W a distance of 17.41 feet to a point; Thence S 28°02'05" E a distance of 19.39 feet to a point; Thence S 60029'58" W a distance of 37.00 feet to a point; Thence S 26030'24" E a distance of 2.70 feet to a point; Thence S 63°29'36" W a distance of 10.00 feet to a point; Thence N 26°30'24" W a distance of 12.19 feet to a point; Thence N 60029'58" E a distance of 36.61 feet to a point; Thence N 27014'16" W a distance of 9.20 feet to a point; Thence S 59023'16" W a distance of 42.32 feet to a point; Thence S 70°38'16" W a distance of 34.72 feet to a point; Thence S 0°03'42" W a distance of 61.77 feet to a point; Thence S 22053'20" E a distance of 40.93 feet to a point; L tlrri s Scentsy —Phase 2 Surveying and Consulting Job No. 11-09 Page 3 of 5 Thence N 48047'52" E a distance of 18.01 feet to a point; Thence S 41°12'08" E a distance of 31.41 feet to a point; Thence S 48047'52" W a distance of 21.92 feet to a point; Thence S 45050'23" E a distance of 21.97 feet to a point; Thence S 34035'23" E a distance of 8.62 feet to a point; Thence N 39°06'43" E a distance of 28.05 feet to a point; Thence S 50053'17" E a distance of 20.00 feet to a point; Thence S 39°06'43" W a distance of 33.89 feet to a point; Thence S 34°35'23" E a distance of 53.13 feet to a point; Thence S 12005'23" E a distance of 7$.16 feet to a point; Thence N 77°54'37" E a distance of 10.00 feet to a point; Thence S 12°05'23" E a distance of 20.00 feet to a point; Thence S 77°54'37" W a distance of 29.37 feet to a point; Thence S 001710" W a distance of 201.52 feet to a point; Thence N 88055'23" W a distance of 20.00 feet to a point; Thence N 0°17'10" E a distance of 241.75 feet to a point; Thence N 23042'13" W a distance of 106.11 feet to a point; Thence N 39°06'43" E a distance of 11.48 feet to a paint; Thence N 45050'23" W a distance of 51.88 feet to a point; Thence N 22053'20" W a distance of 30.03 feet to a point; Thence S 67°06'40" W a distance of 12.03 feet to a point; Thence N 89056'18" W a distance of 190.16 feet to a point; Thence N 2801613" W a distance of 22.72 feet to a point; Thence S89056'18" E a distance of 196.87 feet to a point; Thence N 67006'40" E a distance of 7.97 feet to a point; Thence N 22053'20" W a distance of 15.54 feet to a point; �.i�A�illto Soentsy —Phase 2 (.�Land surveying and Consulting Job No. 11-09 Page 4 of 6 Thence N 0°03'42" E a distance of 79.98 feet to a point; Thence N 70°38'16" E a distance of 46.91 feet to a point; Thence N 59023'16" E a distance of 53.35 feet to a point; Thence N 35021'57" W a distance of 16,25 feet to a point; Thence N 54038'03" E a distance of 10.00 feet to a point; Thence S 35°21'57" E a distance of 17.08 feet to a point; Thence N 59023'16" E a distance of 6.35 feet to a point; Thence N 70°38'16" E a distance of 50.94 feet to a point; Thence N 89039'03" E a distance of 160.95 feet to a point; Thence N 0°20'57" W a distance of 163.87 feet to a point; Thence N 89°39'03" E a distance of 20.00 feet to a paint; Thence 6 0020'57" E a distance of 163.87 feet to a point; Thence N 89039'03" E a distance of 10.98 feet to a point; Thence 8 79005'57" E a distance of 83.36 feet to a point; Thence N 89039'03" E a distance of 221.14 feet to a point; Thence S 66°40'31" E a distance of 33.94 feet to a point; Thence N 23019'29" E a distance of 51.46 feet to a point; Thence N 13055'20 E a distance of 74.80 feet to a point; Thence N 0°20'57" W a distance of 62.90 feet to a point; Thence N 89039'03" E a distance of 20.00 feet to the POINT OF BEGINNING; This parcel contains 1.52 acres and is subject to any other easements existing or in use. 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MT.%=t'<Pl'.t�,�',, I#t®tmi ; morrso..av #t a�. -T.m.. mirmm/' mim 122 � 25* V A188WN<JW��s���ryrJ� E L61MJf16.lTf//nL Sl. 8 9 E. FRAAKIN RD. n rs LNAM on m.a:,,:m4i ImAtioOn 3ml Land Surveying and Consulting 231 E. 5TH ST., STE. A MERIDIAN, ID 83642 (208) 288-2040 t2nst 288wZ557 fax Meridian City Council Meeting DATE: • ' 2012 Water and Sewer Easement for Scentsy Manufacturing Addition 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: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: 8/9/12 SUBJECT: Water & Sewer Easement for Scentsy Manufacturing Addition I. RECOMMENDED ACTION A. Move to: Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba 1. Approve a Sewer & Water Main Easement for the City of Meridian, located on site of the Scentsy Manufacturing Addition, at 3001 E. Commercial Street, by Hot 1, LLLP. This easement provides The City of Meridian access to maintain and service new sewer and water main being installed, to provide service for new Scentsy manufacturing building addition. 2. Authorize the Mayor to sign the easement, and the City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Supervisor Bruce Chatterton, Director of Community Development 489-1569 Bruce Freckleton, Development Services Manager 489-0362 Scott Steckline, Land Development Supervisor 489-0369 Denny Cline, Development Analyst II 489-0363 > > n ,'1" ... — Cott Steckline: Land Development Supervisor Page 1 of I ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 i BOISE IDAHO 08/15/12 10:24 AM DEPUTY Vicky Bailey III ( IIII (� I II I �� (I IIII I II RECORDED -REQUEST OF 112082268 Meridian City SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this lq day of A -i cl2012- between 17671.l.LGP , the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EASEMENTS 1 and 2 and EXHIBITS A and B for each) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT.SandW THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished, THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract o:fland, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Member Address STATE OF IDAI10 ) ) ss County of Ada } On this -5,P day of, 20 l l , before me, the undersigned, a Notary Public in and for said State, ersonally ppeared ---R, OrVi lid and N�/= ,known or identified to me to be the' nt =Mwledged respectively, of the coY�oration that executed the within instrurn�enta`�to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. NOTARY P. R IDAHO Residing at-, �G L) Commission Expires: 2 Sanitary Sewer and Water Main Easement EASMT Sandal GRANTEE: CITY OF MERIDIAN Tf k- ammy d erd, Mayor 00 Attest by cee L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) y�40 �PggD „ city of EI,DI AN,S ,oa�o SEAL r�P°��►e TtEAO�`® On thiday of a J 0 y,-k)r , 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, 'Idaho,.and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed m. y.:official seal the day and year firstv tten. CA .rod®® (SE�ALJ, OTARY P LIC DAHO ,,o-tBLtG,- ®: Residing at: ,l[ '•.9rE OF .' Commission Expires: Zo 14 ••.OF Sanitary Sewer and Water Main Easement EASMT SandW J -U-8 ENGINEERS, Inc. -B-1ENGINEERS SURVEYORS • PLANNERS f4u Regional Office 115 Northstar Avenue Twin Falls, ID 83301 208-733-2414 �evKt+a-�,�. EXHIBIT A Fax: 208-733-9455 LEGAL DESCRIPTION FOR A CITY OF MERIDIAN www.lub.com COMBINED SANITARY SEWER AND WATER LINE EASEMENT IN PARCEL 2 IN RECORD OF SURVEY NO. 6640, RECORDED SEPTEMBER 28, 2004, AS INSTRUMENT NO. 104124309 LOCATED IN THE SETA OF SECTION 8, T.3N, R.1 E, B.M., MERIDIAN, ADA COUNTY IDAHO A portion of land situated in the Southeast 1/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the Southeast corner of said Section 8 from which the East Quarter corner of said Section 8 bears North 01 °29'03" East, 2,650.24 feet; THENCE North 01 "29'03" East along the Easterly boundary of said Section 8, 1,298.35 feet; THENCE North 88°2827" West, 70.00 feet to the intersection of the Westerly right-of-way of Eagle Road, and the Northerly right-of-way of the Union Pacific Railroad; THENCE North 88°2827" West along said Raitroad right-of-way 241.77 feet; THENCE North 00°54'57" East, 36.38 feet to the POINT OF BEGINNING; THENCE North 89°05'03" West, 54.03 feet; THENCE North 01 °37'19" East, 112.00 feet; THENCE North 12°39'03" East, 44.86 feet; THENCE North 43°28'27" West, 96.71 feet; THENCE North 39°58'50" East, 20.05 feet; THENCE North 01'31'33" East, 174.17 feet; THENCE South 88°28'27" East, 30.00 feet; THENCE South 01 °31'33" West, 184.48 feet; THENCE South 40'50'24" East, 83.60 feet; THENCE North 68°46'33" East, 31.43 feet; THENCE South 21'13127" East, 20.00 feet; THENCE South 68'46'33" West, 53.92 feet; THENCE South 12°39'03" West, 31.44 feet; THENCE South 01"37'19" West, 89.83 feet; THENCE South 89°05'03" East, 33.78 feet; THENCE South 00°54'57" West, 20.00 feet to the POINT OF BEGINNING. The above-described easement contains.13,441 square feet, more or less, and is subject to any easements, restrictions and covenants which a search of the public record would disclose. The description is based on record information shown in an ALTA / ACSM Land Titte Survey for Orville Thompson dated Aprit 9, 2010. Prepared by: J -U -B ENGINEERS, Inc. R. Thomas Ruby, P,L.S. August 14, 2012 ITEM NUMBER: PROJECTU ITEM TITLE: Real Estate Purchase Agreement for 15 W Broadway /�p - rwv� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS JULY 2012 EDITION RE -21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 1 of THIS IS A LEGALLY BINDING CONTRACT, READ THE ENTIRE DOCUMENT, INCLUDING ANY ATTACHMENTS. IdahoAssoclallon or PEALTORS` IF YOU HAVE ANY QUESTIONS, CONSULT YOUR ATTORNEY AND/OR ACCOUNTANT BEFORE SIGNING. " u.l%?,F.rr.,nrrc ar,r.n 1 ID# 20120807 DATE 08/07/2012 s LISTING AGENCY Keller Williams Office Phone # 629-9000 Fax # 387-0005 4 Listing Agent Trici"ahies, CPM, CCIM E -Mail callies�7amindspring.com Phone *------412--477—t- 6 412-4771G SELLING AGENCY Same Office Phone # Fax # G Selling Agent E -Mail Phone # 7 1. BUYER: Cily_oJUeridian. an Idaho Municipal I Corporation e (Hereinafter called "BUYER") agrees to purchase, and the undersigned SELLER agrees to sell the following described real estate hereinafter referred to as 9 "PROPERTY" COMMONLY KNOWN AS 15 W. Broadway 10 Meridian City �Ad.a County, ID, Zip 83642 legally described as: Lots 1-3 Inc Blk 1 J M 11 12 Anderson 13 OR Legal Description Attached as addendum # (Addendum must accompany original offer.) 14 15 2. $ 58,000.00 PURCHASE PRICE: Flfty-Eight Thousand and Zero/100 DOLLARS, 16 payable upon the following TERMS AND CONDITIONS (not including closing costs): V 1s 3. FINANCIAL TERMS: Note: A+C+D+E must add up to total purchase price. 19 (A)• $ $Q0.00 EARNEST MONEY: BUYER hereby deposits Five Hundred and Zero/100 20 DOLLARS as Earnest Money evidenced by: ❑ cash ❑ personal check ❑ cashier's check CS) note (due date): Note due at closing 21 ❑ other and a receipt is hereby acknowledged. 22 Earnest Money to be deposited in trust account Dupon receipt or ❑ upon acceptance by BUYER and SELLER or ❑ other 23 24 and shall be held by: ❑Listing Broker N Selling Broker ❑other for the benefit of the parties hereto. 25 THE RESPONSIBLE BROKER SHALL BE: Erica Hill 26 27 (B). ALL CASH OFFER: ❑ NO NI YES If this is an all cash offer do not complete Sections 3C and 3D, fill blanks with "0" (ZERO), IF CASH 2e OFFER, BUYER'S OBLIGATION TO CLOSE SHALL NOT BE SUBJECT TO ANY FINANCIAL CONTINGENCY. BUYER agrees to provide SELLER 29 within business days (five [5) if left blank) from the date of acceptance of this agreement by all parties, evidence of sufficient funds and/or proceeds 30 necessary to close transaction. Acceptable documentation includes, but is not limited to, a copy of a recent bank or financial statement or contract(s) for 31 the sale of BUYER'S current residence or other property to be sold. 33 (C). $ 0.00 NEW LOAN PROCEEDS: This Agreement is contingent upon BUYER obtaining the following financing: 34 El FIRST LOAN of $ not including mortgage Insurance, through ❑ FHA, ❑ VA, ❑ CONVENTIONAL, ❑ IHFA, ❑ RURAL 35 DEVELOPMENT, ❑ OTHER with interest not to exceed % for a period of 36 year(s) at: El Fixed Rate ❑ Other , In the event BUYER is unable, after exercising good faith efforts, to obtain the indicated 37 financing, BUYER's Earnest Money may be returned at BUYER'S request. BUYER shall pay no more than point(s) plus origination fee if any. 30 SELLER shall pay no more than point(s), Any reduction in points shall first accrue to the benefit of the ❑ BUYER ❑SELLER ❑ Divided Equally 39 ❑ N/A. 40 ❑ SECOND LOAN of $ with Interest not to exceed % for a period of year(s) at: ❑ Fixed Rate 41 ❑ Other . BUYER shall pay no more than point(s) plus origination fee if any. SELLER shall pay no more than 42 point(s). Any reduction in points shall first accrue to the benefit of the ❑ BUYER ❑ SELLER ❑ Divided Equally ❑ N/A. 43 LOAN APPLICATION: BUYER ❑ has applied OR ❑shall apply for such loan(s) within business days (five [5] if left blank) of SELLER'S acceptance. 44 Within business days (ten 110j if left blank) of final acceptance of all parties, BUYER agrees to furnish SELLER with a written confirmation 45 showing tender approval of credit report, income verification, debt ratios, and evidence of sufficient funds and/or proceeds necessary to 46 close transaction in a manner acceptable to the SELLER(S) and subject only to satisfactory appraisal and final lender underwriting. If such 47 written confirmation is not received by SELLER(S) within the strict time allotted, SELLER(S) may at their option cancel this agreement by notifying 48 BUYER(S) in writing of such cancellation within business days (three [3) if left blank) after written confirmation was required, if SELLER does not 49 cancel within the strict time period specified as set forth herein, SELLER shall be deemed to have accepted such written confirmation of lender approval 50 and shall be deemed to have elected to proceed with the transaction. SELLER'S approval shall not be unreasonably withheld, If an appraisal is 51 required by tender, the PROPERTY mast appraise at not less than purchase price or BUYER'S Earnest Money may be returned at BUYER'S 52 request. BUYER may also apply for a loan with different conditions and costs and close transaction provided all other terms and conditions of this 53 Agreement are fulfilled, and the new loan does not increase the costs or requirements to the SELLER. FHA i VA: If applicable, it is expressly agreed 54 that notwithstanding any other provisions of this contract, BUYER shall not be obligated to complete the purchase of the PROPERTY described herein or 55 to incur any penally or forfeiture of Earnest Money deposits or otherwise unless BUYER has been given in accordance with HUD/FHA or VA 56 requirements a written statement by the Federal Housing Commissioner, Veterans Administration or a Direct Endorsement lender setting forth the 57 appraised value of the PROPERTY of not less than the sates price as stated in the contract. 59 59 (D). $ ADDITIONAL FINANCIAL TERMS: Go ❑ Additional financial terms are specified under the heading "OTHER TERMS AND/OR CONDITIONS" (Section 4). 61 ❑ Additional financial terms are contained in a FINANCING ADDENDUM of same date, attached hereto, signed by both parties. 62 63 S'bOAPPROXIMATE FUNDS DUEa FROM BUYERS (Notincludingclosing t64 closnte paid by BUYER at closing inGOOD UNDS, includes: electronic transfer funds, ertedcheck or check. NOTE: If 655 any of above loans being Assumed or taken "subject to", any net differences between the approximate balances and the actual balance of said loan(s) ss shall be adjusted at closing of escrow in: ❑Cash ❑Other U8/8/12 BUYER'S Initials ( )( )Date ' C l SELLER'S Initials )( )Date This fomi Is printed aid dislributedby the Idaho Assodation of RE LT RSO, Inc. This form has been designed and Is provided for use by the real estate professionals who are members of the Idaho Association of REALTORS'8. USE BY ANY OTHER PERSON IS PROHIBITED. © copyright llaho Association of REALTORS®, Inc. All rights reserved. JULY 2012 EDITION RE -21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 1 of 7 JULY -20 -1.2 -EDITION RE -21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 2 of 7 PROPERTY ADDRESS: 15 VJ_ Rmadway Meridian ID#: 20120807 67 4. OTHER TERMS AND/OR CONDITIONS: This Agreement is made subject to the following special terms, considerations and/or contingencies which 68 must be satisfied prior to closing 1 This prosy is being sold in as Is COndit- . 69 70 _ 71 72 73 74 75 76 77 76 79 8, ITEMS INCLUDED & EXCLUDED IN THIS SALE: Ali existing fixtures and fittings that are attached to the PROPERTY are INCLUDED IN THE 80 PURCHASE PRICE (unless excluded below), and shall be transferred free of liens. These include, but are not limited to, all seller -owned attached floor 81 coverings, attached television antennae, satellite dish, attached plumbing, bathroom and lighting fixtures, window screens, screen doors, storm doors, storm 82 windows, window coverings, garage door opener(s) and transmitter(s), exterior trees, plants or shrubbery, water healing apparatus and fixtures, attached 83 fireplace equipment, awnings, ventilating, cooling and heating systems, all ranges, ovens, built-in dishwashers, fuel tanks and irrigation fixtures and 84 equipment, that are now on or used in connection with the PROPERTY and shall be Included in the sale unless otherwise provided herein. BUYER should 85 satisfy himself/herself that the condition of the included Items is acceptable. It is agreed that any Item Included in this section is of nominal value less than $100. W 87 (A). ADDITIONAL ITEMS SPECIFICALLY INCLUDED IN THIS SALE: 66 69 90 91 92 (B). ITEMS SPECIFICALLY EXCLUDED IN THIS SALE: 93 94 95 96 97 6. MINERAL RIGHTS: Any and all mineral rights appurtenant to the PROPERTY are included in and are part of the sale of this PROPERTY unless 98 otherwise agreed to by the parties in writing. 99 100 7, WATER RIGHTS: Any and all water rights including but not limited to water systems, wells, springs, lakes, streams, ponds, rivers, ditches, ditch rights, 101 and the like, if any, appurtenant to the PROPERTY are included in and are a part of the sale of this PROPERTY unless otherwise agreed to by the parties in 102 writing. 103 104 8. TITLE CONVEYANCE: Title of SELLER is to be conveyed by warranty deed, unless otherwise provided, and is to be marketable and insurable except 105 for rights reserved in federal patents, state or railroad deeds, building or use restrictions, building and zoning regulations and ordinances of any 106 governmental unit, and rights of way and easements established or of record. Liens, encumbrances or defects to be discharged by SELLER may be paid out 107 of purchase money at date of closing. No liens, encumbrances or defects which are to be discharged or assumed by BUYER or to which title is taken 108 subject to, exist unless otherwise specified in this Agreement. 10g 110 9. TITLE INSURANCE: There may be types of title Insurance coverages available other than those listed below and parties to this agreement 111 are advised to talk to a title company about any other coverages available that will give the BUYER additional coverage. 112 113 (A). PRELIMINARY TITLE COMMITMENT: Prior to closing the transaction, ❑ SELLER or ❑ BUYER shall furnish to BUYER a preliminary commitment 114 of a title insurance policy showing the condition of the title to said PROPERTY. BUYER shalt have business days (five [5] if left blank) from receipt 115 of the preliminary commitment or not fewer than twenty-four (24) hours prior to closing, within which to object in writing to the condition of the title as set 116 forth in the preliminary commitment. If BUYER does not so object, BUYER shall be deemed to have accepted the conditions of the title. it is agreed that if 117 the title of said PROPERTY Is not marketable, or cannot be made so within business days (five (5) if left blank) after notice containing a written 118 statement of defectis delivered to SELLER, BUYER'S Earnest Money deposit will be returned to BUYER and SELLER shall pay for the cost of title 119 insurance cancellation fee, escrow and legal fees, if any. 120 121 (B). TITLE COMPANY: The parties agree that I?ionger Title Company 122 located at Bannock shall provide the title policy and preliminary report of commitment. 123 124 (C), STANDARD COVERAGE OWNER'S POLICY: SELLER shall within a reasonable time after closing furnish to BUYER a title insurance policy in the 125 amount of the purchase price of the PROPERTY showing marketable and insurable title subject to the liens, encumbrances and defects elsewhere set out 126 in this Agreement to be discharged or assumed by BUYER unless otherwise provided herein. The risk assumed by the title company in the standard 127 coverage policy is limited to matters of public record. BUYER shall receive a ILTA/ALTA Owner's Policy of Title insurance. A title company, at 126 BUYER's request, can provide information about the availability, desirability, coverage and cost of various title insurance coverages and endorsements. If 129 BUYER desires title coverage other than that required by this paragraph, BUYER shall instruct Closing Agency in writing and pay any increase in cost 130 unless otherwise provided herein. 131 132 (D). EXTENDED COVERAGE LENDER'S POLICY (Mortgagee policy): The lender may require that BUYER (Borrower) furnish an Extended Coverage 133 Lender's Policy. This extended coverage lender's policy considers matters of public record and additionally insures against certain matters not shown in 134 the public record, This extended coverage lender's policy is solely for the benefit of the lender and only protects the lender. 135 BUYER'S Initials )( ) Date - SELLER'S Initials )( ) Date 8/8/12 This form is printed and distributed by the Idaho Association of REALTORS®, Inc. This form has been designed and is provided for use by the real estate professionals who are members of Die Idaho Association of REALTORS®. USE BY ANY OTHER PERSON IS PROHIBITED.0 Copyright blaho Association of REA1.IDR80, Ina All rights reserved, JULY 2012 EDITION RE -21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 2 of 7 JULY 2012 EDITION RE-21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 3 of 7 PROPERTY ADDRESS: 15 K Broadway Meridian ID#: 20/20807 136 10. INSPECTION: 137 (A). BUYER chooses O to have inspection N not to have inspection. If BUYER chooses not to have inspection, skip Section 10C, BUYER shall have 138 the right to conduct inspections, investigations, tests, surveys and other studies at BUYER'S expense. BUYER shall, within business days (ten 139 [10) if left blank) of acceptance, complete these inspections and give to SELLER written notice of disapproved items or written notice of termination of 140 this Agreement based on an unsatisfactory inspection. BUYER is strongly advised to exercise these rights and to make BUYER'S own selection of 141 professionals with appropriate qualifications to conduct inspections of the entire PROPERTY. SELLER shall make PROPERTY available for inspection 142 and agrees to accept the responsibility and expense for making sure all the utilities are turned on for the inspection except for phone and cable, Some 143 inspections, investigations, tests, surveys and other studies may require additional days to complete. The parties agree that unless specifically set forth 144 below, the above timeframe for investigations, tests, surveys and other studies shall govern. 145 Additional inspections/timeframes: 146 147 148 149 160 161 162 163 164 165 166 (B). FHA INSPECTION REQUIREMENT, If applicable: "For Your Protection: Get a Home Inspection", HUD 92564 -CN must be signed on or before 167 execution of this agreement. 168 159 (C). SATISFACTION/REMOVAL OF INSPECTION CONTINGENCIES: 160 161 1). If BUYER does not within the strict time period specified give to SELLER written notice of disapproved items or written notice of termination of this 162 Agreement, BUYER shall conclusively be deemed to have: (a) completed all inspections, investigations, review of applicable documents and disclosures; 163 (b) elected to proceed with the transaction and (c) assumed all liability, responsibility and expense for repairs or corrections other than for Items which 164 SELLER has otherwise agreed in writing to repair or correct. 165 166 2). If BUYER does within the strict time period specified give to SELLER written notice of termination of this Agreement based on an unsatisfactory 167 inspection, the parties will have no obligation to continue with the transaction and the Earnest Money shalt be returned to BUYER. 168 169 3). If BUYER does within the strict time period specified give to SELLER written notice of disapproved items, BUYER shall provide to SELLER 170 pertinent section(s) of written inspection reports. SELLER shall have business days (three [3] if left blank) in which to respond in writing. 171 SELLER, at SELLER's option, may correct the items as specified by BUYER in their letter or may elect not to do so. If both parties agree, in writing, as to 172 the items to be corrected by SELLER within business days (five [5) if left blank) of receipt of SELLER's response, then both parties agree that they 173 will continue with the transaction and proceed to closing. This will remove BUYER'S inspection contingency, 174 175 4). If both parties do not come to a consensus as to the disapproved iterns to be corrected by SELLER within the strict time period specified, or SELLER 176 does not respond in writing within the strict time period specified, then the BUYER has the option of either continuing the transaction without the SELLER 177 being responsible for correcting these deficiencies or giving the SELLER written notice within business days (three [3) if left blank) that they will 178 not continue with the transaction and will receive their Earnest Money back. 179 180 5), If BUYER does not give such written notice of cancellation within the strict time periods specified, BUYER shall conclusively be deemed t o have 181 elected to proceed with the transaction without repairs or corrections other than for items which SELLER has otherwise agreed in writing to repair or 182 correct. SELLER shall make the PROPERTY available for all Inspections. BUYER shall keep the PROPERTY free and clear of hens; indemnify and hold 183 SELLER harmless from all liability, claims, demands, damages and costs; and repair any damages arising from the inspections. No inspections may be 184 made by any governmental building or zoning inspector or government employee without the prior consent of SELLER unless required by local law. 186 186 11. LEAD PAINT DISCLOSURE: The subject PROPERTY Nis E] is not defined as "Target Housing" regarding lead-based paint or lead-based paint 187 hazards. The term lead-based paint hazards Is intended to identify lead-based paint and all residual lead -containing dusts and soils regardless of the 188 source of the lead, If yes, BUYER hereby acknowledges the following: (a) BUYER has been provided an EPA approved lead-based paint hazard 189 information pamphlet, "Protect Your Family From Lead in Your Home", (b) receipt of SELLER'S Disclosure of Information and Acknowledgment Form and 190 have been provided with all records, test reports or other information, if any, related to the presence of lead-based paint hazards on said PROPERTY, 191 (c) that this contract is contingent upon BUYERS right to have the PROPERTY tested for lead-based paint hazards to be completed no later than 102 or the contingency will terminate, (d) that BUYER hereby N waives E] does not waive this right, (e) that if test results show 193 unacceptable amounts of lead-based paint on the PROPERTY, BUYER has the right to cancel the contract subject to the option of the SELLER (to be given 194 in writing) to elect to remove the lead-based paint and correct the problem which must be accomplished before closing, (I) that if the contract is canceled 196 under this clause, BUYER'S earnest money deposit will be returned to BUYER. Additionally, if any structure was built before 1978 and is a residential home, 196 apartment or child -occupied facility such as a school or day-care center, federal law requires contractors that disturb lead-based paint in that structure to 197 provide the owner with a "Renovate Right" pamphlet, The contractor shall be certified and follow specific work practices to prevent lead contamination. 198 199 12. MOLD DISCLAIMER: BUYER is hereby advised that mold and/or other microorganisms may exist at the Property. Upon closing BUYER 200 acknowledges and agrees to accept full responsibility and risk for any matters that may result from mold and/ or other microorganisms and to 201 hold SELLER and any Broker or agent representing SELLER or BUYER harmless from any liability or damages (financial or otherwise) relating to 202 such matters, 203 BUYER'S Initials ( f/ )( )Date t2 SELLER'S Initials Date 818/12 This form is pdnled and dlsldbutedby the Idaho Aswelation of REALTORS®, fnc. This form has been designed and is provided for use by the real estate professionals Mo are members of the Idaho Association of REALTORS®_ USE BYANYOTHER PERSONIS PROHIBITED.0 Copydghl Idaho Association of REALTORSO, Inc. All dghisreserved. JULY 2012 EDITION RE -21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 3 of 7 JULY 2012 EDITION RE -21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 4 of 7 PROPERTY ADDRESS: 15 W. Broadway_ Merldjan__ ID#: 20120807 204 13. SQUARE FOOTAGE VERIFICATION: BUYER IS AWARE THAT ANY REFERENCE TO THE SQUARE FOOTAGE OF THE REAL PROPERTY 205 OR IMPROVEMENTS IS APPROXIMATE. IF SQUARE FOOTAGE iS MATERIAL TO THE BUYER, IT MUST BE VERIFIED DURING THE INSPECTION los PERIOD. 207 Zoe 14. SELLER'S PROPERTY CONDITION DISCLOSURE FORM: If required by Title 55, Chapter 25 Idaho Code SELLER shall within ten (10) 209 calendar days after execution of this Agreement provide to BUYER or BUYER'S agent, "Seller's Property Condition Disclosure Form" or other acceptable 210 form. BUYER has received the "Seller's Property Condition Disclosure Form" or other acceptable form prior to signing this Agreement: ❑ Yes NNo ❑NIA 211 212 15. COVENANTS, CONDITIONS AND RESTRICTIONS (CC&Rs): As part of the BUYER'S inspection of the PROPERTY asset forth in Section 10, 213 BUYER is responsible for obtaining and reviewing a copy of any CC&Rs which may affect the PROPERTY. BUYER shall have business days (ten 214 [101 if left blank) (but in no event shall such time period exceed that time period set forth for inspections in Section 10) to review and approve of any such 215 CC&Rs that may affect the PROPERTY, Unless BUYER delivers to SELLER a written and signed objection to the terms of any applicable CC&Rs with 216 particularity describing BUYER's reasonable objections within such time period as set forth above, BUYER shall be deemed to have conclusively waived any 217 objection to the terms of any CC&Rs affecting the PROPERTY. 21a 219 16. SUBDIVISION HOMEOWNER'S ASSOCIATION: BUYER is aware that membership in a Home Owner's Association may be required and 22o BUYER agrees to abide by the Articles of Incorporation, Bylaws and rules and regulations of the Association. BUYER is further aware that the PROPERTY 221 may be subject to assessments levied by the Association described in full in the Declaration of Covenants, Conditions and Restrictions. BUYER has 222 reviewed Homeowner's Association Documents: ❑Yes ❑ No N N/A. Association fees/dues are $ per 223 ❑ BUYER ❑ SELLER ❑ N/A to pay Homeowner's Association SET UP FEE of $ and/or PROPERTY TRANSFER FEES of $ at closing, 224 225 17. COSTS PAID BY: The parties agree to pay the following costs as indicated below, None of the costs to be paid by the parties in this section creates 226 an inspection or performance obligation other than strictly for the payment of costs. There may be other costs incurred in addition to those set forth below. 227 Such costs may be required by the lender, by law, or by other such circumstances. 228 229 SELLER agrees to pay up to $ _ ($D if left blank) of lender required repair costs only. 23o BUYER or SELLER has the option to pay any lender required repair costs in excess of this amount. 231 232 Upon closing SELLER agrees to pay up to EiTHER % (N/A if left blank) of the purchase price OR $ (N/A if left blank) of 233 lender -approved BUYER'S closing costs, lender fees, and prepaid costs which includes but is not limited to those items in BUYER columns 234 marked below. 235 238 237 1$. OCCUPANCY: BUYER ❑ does does not intend to occupy PROPERTY as BUYER'S primary residence. 238 239 19. RiSK OF LOSS OR NEGLECT: Prior to closing of this sate, all risk of loss shall remain with SELLER. In addition, should the PROPERTY be 240 materially damaged by fire, neglect, or other destructive cause prior to closing, this agreement shall be voidable at the option of the BUYER. 241 BUYER'S Initials ()( ) Date g(I I f �- SELLER'S Initials )( ) Date 8/8/12 This form Is printed and distdbutedby the Idaho Association of REALTORSO, Inc. This form has been designed aid is provided for use by the real estate professionals who are members of the Idaho Association of REALTORS®. USE BY ANY OTHER PERSON IS PROHIBITED.© Copyright Idaho Association of REALTORS9, Inc. All rights reserved. JULY 2012 EDITION RE -21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 4 of BUYER Shared SELLER Equally NIA BUYER SELLER Shared Equally N/A Appraisal Fee \ Title Ins. Standard Coverage Owners policy \ Appraisal Re -Inspection Fee Title Ins. Extended Coverage Lenders Policy — Mortgagee Policy \ Closing Escrow Fee Additional Title Coverage Lender Document Preparation Fee Fuel in Tank— DolfarAmountto be Determined by Supplier Tax Service Fee Domestic Well Water Potability Test \ Flood Certification/Tracking Fee \ Domestic Well Water Productivity Test Lender Required inspections Septic Inspections Attorney Contract Preparation or Review Fee Septic Pumping Home Warranty Plan Survey \ 238 237 1$. OCCUPANCY: BUYER ❑ does does not intend to occupy PROPERTY as BUYER'S primary residence. 238 239 19. RiSK OF LOSS OR NEGLECT: Prior to closing of this sate, all risk of loss shall remain with SELLER. In addition, should the PROPERTY be 240 materially damaged by fire, neglect, or other destructive cause prior to closing, this agreement shall be voidable at the option of the BUYER. 241 BUYER'S Initials ()( ) Date g(I I f �- SELLER'S Initials )( ) Date 8/8/12 This form Is printed and distdbutedby the Idaho Association of REALTORSO, Inc. This form has been designed aid is provided for use by the real estate professionals who are members of the Idaho Association of REALTORS®. USE BY ANY OTHER PERSON IS PROHIBITED.© Copyright Idaho Association of REALTORS9, Inc. All rights reserved. JULY 2012 EDITION RE -21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 4 of JULY 2012 EDITION RE -21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 5 of 7 PROPERTY ADDRESS: 15 W. Broadwav Meridian ID#: 20120807 242 20. FINAL WALK THROUGH: The SELLER grants BUYER and any representative of BUYER reasonable access to conduct a final walk through 243 Inspection or the PROPERTY approximately _ calendar days (three 131 if left blank) prior to close of escrow, NOT AS A CONTINGENCY OF THE 244 SALE, but for purposes of satisfying BUYER that any repairs agreed to in writing by BUYER and SELLER have been completed and PROPERTY are in 245 substantially the same condition as on the date this offer is made. SELLER shall make PROPERTY available for the final walk through and agrees to accept 246 the responsibility and expense for making sure all the utilities are turned on for the walk through except for phone and cable. If BUYER does not conduct a 247 final walk through, BUYER specifically releases the SELLER and Broker(s) or any liability. 246 21. SINGULAR AND PLURAL terns each include the other, when appropriate. 249 25o 22, FORECLOSURE NOTICE: If the PROPERTY described above is currently involved in a foreclosure proceeding (pursuant to Idaho Code § 45-1506) 251 any contract or agreement with the owner or owners of record that involves the transfer of any interest in residential real property, as defined in § 45- 232 525(5)(b), Idaho Code, subject to foreclosure must be in writing, and must be accompanied by and affixed to RE -42 Property Foreclosure Disclosure Form. 253 254 23, MECHANIC'S LIENS - GENERAL CONTRACTOR DISCLOSURE STATEMENT NOTICE: BUYER and SELLER are hereby notified that, 255 subject to Idaho Code §45-525 of seq., a "General Contractor" must provide a Disclosure Statement to a homeowner that describes certain rights afforded to 256 the homeowner (e.g. lien waivers, general liability insurance, extended policies of title Insurance, surety bonds, and sub -contractor information). The 257 Disclosure Statement must be given to a homeowner prior to the General Contractor entering into any contract in an amount exceeding $2,000 with a 256 homeownerfor construction, alteration, repair, or other improvements to real property, orwith a residential real property purchaser for the purchase and sale 259 of newly constructed property. Such disclosure is the responsibility of the General Contractor and It is not the duty of your agent to obtain this information On 260 your behalf. You are advised to consult with any General Contractor subject to Idaho Code §45-525 of seq. regarding the General Contractor Disclosure 261 Statement. 262 263 24. SALES PRICE INFORMATION: Pursuant to Idaho Code §54-2083(6)(d), a "sold" price of real property is not confidential client information. 264 2c5 25. TRANSMISSION OF DOCUMENTS: Facsimile or electronic transmission of any signed original document, and retransmission of any signed 266 facsimile or electronic transmission shall be the same as delivery of an original. At the request of either the BUYER or SELLER, or the LENDER, or the 2e7 Closing Agency, the BUYER and SELLER will confirm facsimile or electronic transmitted signatures by signing an original document. 268 269 26. BUSINESS DAYS: A business day is herein defined as Monday through Friday, 8;00 A.M. to 5;00 P,M, in the local time zone where the subject real 270 PROPERTY is physically located. A business day shall not include any Saturday or Sunday, nor shall a business day include any legal holiday recognized 271 by the state of Idaho as found in Idaho Code §73-108. The time In which any act required under this agreement is to be performed shall be computed by 272 excluding the date of execution and including the last day. The first day shall be the day after the date of execution. If the last day is a legal holiday, then the 273 time for performance shall be the next subsequent business day. 274 275 27. CALENDAR DAYS: A calendar day is herein defined as Monday through Sunday, midnight to midnight, in the local time zone where the subject real 216 PROPERTY is physically located. A calendar day shall include any legal holiday. The time in which any act required under this agreement is to be performed 277 shall be computed by excluding the date of execution and including the last day, thus the first day shall be the day after the date of execution. Any reference 278 to "day" or "days" in this agreement means the same as calendar day, unless specifically enumerated as a "business day." 279 28o 28. ATTORNEY'S FEES: If either party initiates or defends any arbitration or legal action or proceedings which are in any way connected with this 261 Agreement, the prevailing party shall be entitled to recover from the non-prevalling party reasonable costs and attorney's fees, including such costs and fees 262 on appeal. 283 264 29. DEFAULT: if BUYER defaults in the performance Of this Agreement, SELLER has the option of: (1) accepting the Earnest Money as liquidated 285 damages or (2) pursuing any other lawful right and/or remedy to which SELLER may be entitled. If SELLER elects to proceed under (1), SELLER shall make 286 demand upon the holder of the Earnest Money, upon which demand said holder shall pay from the Earnest Money the costs incurred by SELLER'S Broker 287 on behalf of SELLER and BUYER related to the transaction, including, without limitation, the costs of title insurance, escrow fees, appraisal, credit report 266 fees, inspection fees and attorney's fees; and said holder shall pay any balance of the Earnest Money, one-half to SELLER and one-half to SELLER'S 289 Broker, provided that the amount to be paid to SELLER'S Broker shall not exceed the Broker's agreed -to commission. SELLER and BUYER specificaffy 290 acknowledge and agree that if SELLER elects to accept the Earnest Money as liquidated damages, such shall be SELLER'S sole and exclusive remedy, and 291 such shalt not be considered a penalty or forfeiture. 1f SELLER elects to proceed under (2), the holder of the Earnest Money shall be entitled to pay the costs 292 incurred by SELLER'S Broker on behalf of SELLER and BUYER related to the transaction, including, without limitation, the costs of brokerage fee, title 293 insurance, escrow fees, appraisal, credit report fees, inspection fees and attorney's fees, with any balance of the Earnest Money to be held pending 294 resolution of the matter. If SELLER defaults, having approved said sate and fails to consummate the same as herein agreed, BUYER'S Earnest Money 295 deposit shall be returned to him/her and SELLER shall pay for the costs Of title insurance, escrow fees, appraisals, credit report fees, inspection fees, 295 brokerage fees and attorney's fees, If any. This shall not be considered as a waiver by BUYER of any other lawful right or remedy to which BUYER may be 297 entitled. 298 299 30. EARNEST MONEY DISPUTE/ INTERPLEADER: Notwithstanding any termination or breach of this Agreement, BUYER and SELLER agree that 300 in the event of any controversy regarding the Earnest Money and things of value held by Broker or closing agency, Broker may reasonably rely On the terms 301 of this Agreement or other written documents signed by both parties to determine how to disburse the disputed money. However, Broker or closing agency 302 shall not be required to take any action but may await any proceeding, or at Broker's or closing agency's option and sole discretion, may interplead all parties 363 and deposit any moneys or things of value into a court of competent jurisdiction and shall recover all costs which were incurred as a result of the dispute 304 including, but not limited to, reasonable attorney's fees. 305 386 31. COUNTERPARTS; This Agreement may be executed in counterparts, Executing an agreement in counterparts shall mean the signature of two 307 identical copies Of the same agreement. Each identical copy of an agreement signed in counterparts is deemed to be an original, and all identical copies 3o6 shall together constitute one and the same instrument. BUYER'S initials v ) Date �f �� SELLER'S Initials ((i )(_)Date 8/8/12 This form Is printed and disldbutedby the Idaho Association of REALTORS®, Inc. This form has been dedg nod and is provided for use by the real estate professionals who are members of the Idaho AssoGalbn of REALTORSJ. USE BY ANY OTHERVERSONIS PROHIBITED.© Copy ' ht kiahe Association of REALTORS0, Inc. All rights reserved, JULY 2012 EDITION RE -21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 6 of 7 JULY 2012 EDITION RE -21 REAL ESTATE PURCHASE AND SALE AGREEMENT Pago 6 of 7 PROPERTY ADDRESS: 15 W. Broadway_ _ Meridian ID#: 20120807 309 310 32. "NOT APPLICABLE" DEFINED: The letters "n/a," "N/A," "n.a.," and "N.A." as used herein are abbreviations of the term "not applicable," Where this 311 agreement uses the term "not applicable" or an abbreviation thereof, it shall be evidence that the parties have contemplated certain facts or conditions and 312 have determined that such facts or conditions do not apply to the agreement or transaction herein. 313314 33. SEVERABILITY: In the case that an one or more of the provisions contained in this Agreement, or an application thereof, shall be invalid, Illegal or 315 unenforceable in any respect, the validity, legality or enforceability of the remaining provisions shall not in any way be affected or impaired thereby. g 316 317 34, REPRESENTATION CONFIRMATION: Check one (1) box in Section 1 and one (1) box in Section 2 below to confirm that in this transaction, the 318 brokerage(s) Involved had the following relationship(s) with the BUYER(S) and SELLER(S), 319 320 Section 1: 321 ❑ A. The brokerage working with the BUYER(S) is acting as an AGENT for the BUYER(S). 322 © B, The brokerage working with the BUYER(S) is acting as a LIMITED DUAL AGENT for the BUYER(S), without an ASSIGNED AGENT. 323 ❑ C. Tile brokerage working with the BUYER(S) is acting as a LIMITED DUAL AGENT for the BUYER(S) and has an ASSIGNED AGENT 324 acting solely on behalf of the BUYER(S). 325 ❑ D. The brokerage working with the BUYER(S) Is acting as a NONAGENT for the BUYER(S). 326 327 Section 2: 328 ❑ A. The brokerage working with the SELLER(S) is acting as an AGENT for the SELLER(S), 329 B. The brokerage working with the SELLER(S) is acting as a LIMITED DUAL AGENT for the SELLER(S), without an ASSIGNED AGENT. 330 ❑ C, The brokerage working with the SELLER(S) is acting as a LiMITED DUAL AGENT for the SELLER(S) and has an ASSIGNED AGENT 331 acting solely on behalf of the SELLER(S). 332 ❑ D. The brokerage working with the SELLER(S) is acting as a NONAGENT for the SELLER(S). 333 334 Each party signing this document confirms that he has received, read and understood the Agency Disclosure Brochure adopted or approved by the Idaho 335 real estate commission and has consented to the relationship confirmed above, In addition, each party confirms that the brokerage's agency office policy 336 was made available for Inspection and review. EACH PARTY UNDERSTANDS THAT HE IS A "CUSTOMER" AND IS NOT REPRESENTED BY A 337 BROKERAGE UNLESS THERE IS A SIGNED WRITTEN AGREEMENT FOR AGENCY REPRESENTATION. 338 338 35. CLOSING: On or before the closing date, BUYER and SELLER shall deposit with the closing agency all funds and instruments necessary to complete 346 this transaction, Closing means the date on which all documents are either recorded or accepted by an escrow agent and the sale proceeds are $41 available to SELLER. The closing shall be no later than (Date) 8/13/2012 342 343 The parties agree that the CLOSING AGENCY for this transaction shall be Pioneer Title 344 345 located at Bann2Cls.___.___ 346 347 If a long-term escrow / collection is involved, then the long-term escrow holder shall be 348 349 35o 36. POSSESSION: BUYER shall be entitled to possession N upon closing or ❑ date _ time ❑ A.M. ❑ P.M. Property 351 taxes and water assessments (using the last available assessment as a basis), rents, interest and reserves, liens, encumbrances or obligations assumed, 3$2 fuel in fuel tank, and utilities shall be prorated as of 353 354 355 37. ASSIGNMENT; This Agreement and any rights or interests created herein ❑ may N may not be sold, transferred, or otherwise assigned. 356 357 38. ENTIRE AGREEMENT: This Agreement contains the entire Agreement of the parties respecting the matters herein set forth and supersedes all prior 358 Agreements between the parties respecting such matters. No warranties, including, without limitation, any warranty of habitability, agreements or 359 representations not expressly set forth herein shall be binding upon either party. 360 361 362 39. TIME IS OF THE ESSENCE IN THIS AGREEMENT. 363 384 365 40. AUTHORITY OF SIGNATORY: If BUYER or SELLER is a corporation, partnership, trust, estate, or other entity, the person executing this 366 agreement on its behalf warrants his or her authority to do so and to bind BUYER or SELLER. 367 368 41. ACCEPTANCE: This offer is made subject to the acceptance of SELLER and BUYER on or before (Date) 8/8J��2 at (Local Time In 369 which PROPERTY is located) 5:00 ❑ A.M. N P.M. If acceptance of this offer is received after the time specified, it shall not be binding on 37o the BUYER unless BUYER approves of said acceptance within calendar days (three [31 if left blank) by BUYER initialing HERE if 371 BUYER timely approves of SELLER'S late acceptance, an initialed copy of this Agreement shall be immediately delivered to SELLER. BUYER'S Initials (� }( } Date Xs e SELLER'S lnittais (_' )( } Date 8/8/12 This form Is printed aid distributedby the Idaho Association of REALTORS®, Inc, This form has been designed an11s provided for use by the real estate professionals vrho are members of the Idaho Assoctaft of REALTORS®. USE BY ANY OTHER PERSON IS PROHIBITEO.0 Copynght gahoAssodallon of REALTORS0, Ina All rights reserved. JULY 2012 EDITION RE -21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 6 of 7 JULY 2012 EDITION RE -21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 7 of 7 PROPERTY ADDRESS:15 W. E3 par Why Meridian ID#: 20120807 372 42. BUYER'S SIGNATURES: 373 374 ❑ SEE ATTACHED BUYER'S ADDENDUM(S): (Specify number of BUYER addendum(s) attached.) 375 376 BUYER ❑does ❑does not currrntfy hold an active Idaho real a license. 377 " 378 BUYER Signatu BUYER (Print Name) Mayor Tammy de Weerd 379 380 Date l -L Tim ❑A.M_(�P.M. Phone# Cell# 381 382 Address 33 East Broadway Avenue City Meridian StateD _u Zip 83642 383 384 E -Mail Fax # 385 386 _ e _ — _ _ s _ f — — — — — — — — — — — — — — — — — d _ _ _ _ _ — _ _ _ _ _ _ — — — — — — — — — — — — — _ _ 387 388 BUYER ❑does ❑does not currently hold an active Idaho real estate license. 389 390 BUYER Signature BUYER (Print Name) 391 392 Date Time [I A. M. ❑ P, M. Phone# Cell# 393 384 Address City State Zip 395 ._, 396 E -Mail Fax# 397 398 389 400 401 43. SELLER'S SIGNATURES: On this date, IANe hereby approve and accept the transaction set forth In the above Agreement and agree to carry out all 402 the terms thereof on the part of the SELLER. 403 4o4 ❑ SIGNATURE(S) SUBJECT TO ATTACHED COUNTER OFFER 4o5 ❑ SIGNATURE(S) SUBJECT TO ATTACHED ADDENDUM($) # 406 407 SELLER ❑does ❑does ngt'currrr�Otly hold an active Idaho real estate Ilcense, 408 409 SELLER Signature �� � SELLER (Print Name) 410 411 8/8/12 4:50 Date Time ❑A.M. Q� P.M. Phone # Cel( # 412 413 Address City State Zip 414 415 E -Mail Fax # 416 417 CONTRACTOR REGISTRATION # (if applicable) 418 419 420 421 SELLER ❑does ❑does not currently hold an active Idaho real estate license. 422 423 SELLER Signature SELLER (Print Name) 424 425 Date Time ❑A.M. ❑ P.M. Phone # Cell # _ 426 427 Address City State Zip 428 429 E -Mail Fax# 430 431 CONTRACTOR REGISTRATION # (if applicable) This fort is printed aid distributedby the Idaho Association of REALTORS®, Ino. This form has been des'gned and is provided for use by ilia real estate professionals who are members of the Idaho Association of REALTORS®. USE BY ANY OTHER PERSON IS PROHIBITED, 0 Copyright Idaho Association of RFALTORS0. tire, All rights reserved. JULY 2012 EDITION RE -21 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 7 of 7 Printed Using Professional Computer Forms Co. On -Line Forms Software 7112 •IIIIIIIIIIIIIIIIIIIIIIIIIII JillI .. •;. DATE: August 14, 2012 ITEM NUMBER: 41 Agreement with the Nampa and Meridian Irrigation District for the Construction and Installation of Sewer and Water Mains as Part of the Main Street Pavement Improvement Project at King Street and Williams Street Community Item/Presentations Presenter Contact Info./Notes DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS O p l s� _ — — `� `% ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 14 BOISE IDAHO 08124112 08:43 AM DEPUTY Bonnie Oberbillig �II("I'I"II'I'III'IIIII'II'II�I�'I� RECORDED—REQUEST OF 1120$5655 Nampa Meridian Irrigation Dist AGREEMENT This AGREEMENT, is made and entered into this A day of 20122 by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation dis ct organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Broadway, Meridian, Idaho 83642 hereinafter referred to as the "City", W1TNESSE!H: WHEREAS the District owns the irrigation ditch known as the RUTLEDGE LATERAL, an integral of the irrigation. and drainage works and system of the District, together with the easement part g therefor to conveyirrigation water, to operate, clean, maintain, and repair the Rutledge Lateral, and to access the Rutledge Lateral for those purposes, and, S the District operates, cleans, maintains, repairs and protects the Rutledge Lateral for WHEREAS, P the benefit of District's landowners; and, the Ci owns an easement or easements, particularly described in the "Legal Descri • WHEREAS, City attached hereto as Exhibit A and by this referent a p e made art hereof, for construction, operation and maintenance of a water main and a sewer main within and/or across the road rights-of-way for Williams Street, King Street and Main Street in Meridian, Idaho; and, WHEREAS,,g the Rutledge Lateral crosses and intersects Williams Street, King Street and Main Street and the City's easement(s) described in Exhibit A as shown on Exhibit B, attached hereto and by this reference made a part hereof; and, WHEREAS, the Ci desires permission to construct and install a water main and a sewer main g under and across the Rutledge Lateral and/or the District's easement under the terms and conditions of this Agreement in furtherance of the Meridian Road Split Corridor project at King St. and Main St at Williams St, within the City of Meridian, Ada County, Idaho; and NOW THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: AGREEMENT - I A. Scope of Agreement I . The City shall have the right to cross the Rutledge Lateral or encroach upon the District's easement for the Rutledge Lateral in the manner described in the "Purpose of Agreement" attached hereto as Exhibit C and by this reference made a part hereof. 2. Any crossing, encroachment upon or modification of the Rutledge Lateral and/or the District's easement shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D. attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of Agreement," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. The City shall only be permitted to cross, encroach upon or modify the Rutledge Lateral and/or the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. Each installed facility shall be subject the conditions of this Agreement and the City shall have access to repair, maintain, or replace said facilities as needed. 3. This Agreement pertains only to the City's encroachment upon the Rutledge Lateral and/or the District's easement for the purposes and in the manner described herein. The City shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, norp erform any construction or activity within the District's easement for the Rutledge Lateral except as referred to in this Agreement without the prior written consent of the District. 4. The City recognizes and acknowledges that the permission granted by this Agreement pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the City affecting the holder.of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the City from the holder of title to the property. Should the City fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, the City shall indemnify, hold harmless, and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this Agreement shall be of no force and effect. C. Facility Construction, Operation, Maintenance and Repair ] . The City agrees that the work performed and the materials used in any construction permitted by this Agreement shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of the such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 2. Each facility ("facility" as used in this Agreement means any object or thing installed by the City on, over or in the vicinity of the District's easement) shall be constructed, installed, operated, maintained, and repaired at all times by the City at the cost and expense of the City. 3. The City agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation or drainage water in the AGREEMENT -2 Rutledge Lateral or the District's delivery of irrigation water; C. an increase in seepage or any other increase in the loss of water from the ditch; d. the subsidence of soil within or adjacent to the easement; e. an interference with the District's use of its easement to access, operate, clean, maintain, and repair the Rutledge Lateral; f. any other damage to the District's easement and irrigation or drainage works. 4. The City agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the City's construction or activity which constitutes or causes any of the g g circumstances enumerated in the preceding paragraph, 3.a. through 31, or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 5. The City shall, upon demand of the District, remove any facility or repair any alteration of the District's easement which interferes with the District's operation and maintenance of the Rutledge Lateral, or causes or contributes to any of the circumstances enumerated in the preceding paragraph, 3.a. through 3.f. The District shall give reasonable notice to the City, and shall allow the City a reasonable period of time to perform such maintenance, repair, and other work, except that in cases of emergency the District shall attempt to give such notice as is reasonable under the circumstances. The City shall respond within 24 hours to begin repair or remediate any interference with the District's operation and maintenance of the. Rutledge Lateral. The District reserves the right to perform any and all work which. the City fails or refuses to perform within a reasonable period of time after demand by the District. All workp erformed shall be performed in manner required by Idaho law, including but not limited to the use of licensed public works contractors and engineers and the performance standards as required by law and ordinance. The City agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. Nothing in this paragraph shall create or support any claim of any kind by the City or any third party against the District for failure to exercise the options stated in this paragraph, and the City shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph, except for claims arising from any work which unreasonably exposes the District's employees and agents to the risk of harm from electric power lines, or arising solely out of the negligence or fault of the District. D. District's Rights Are Paramount 1. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation or drainage works and system of the District by this Agreement, nor to grant any rights in its irrigation or drainage works and system incompatible with the uses to which such irrigation or drainage works and system are devoted and dedicated and that this Agreement shall be at all times construed according to such principles. 2. Nothing herein contained shall be construed to impair the Rutledge Lateral or the District's easement, and all construction and use of the District's easement by the City and the permission herein provided therefor shall remain inferior and subservient to the rights of the District to the use of the Rutledge Lateral. for the transmission and delivery of irrigation water or transmission of drainage water. 3. The City agrees that the District shall not be l iable for any damages which shall occur to any facility in the reasonable exercise of the rights of the District in the course of performance of AGREEMENT- maintenance or repair of the Rutledge Lateral. 4. In the event of the failure, refusal or neglect of the City to comply with all of the terms and conditions of this Agreement, the permission granted to the City under the terms hereof may be the District and an facility, structure, plant, or any other improvernent in or over the ditch, terminated by Y and the right of waytherefor, which may unreasonably and materially interfere with the maintenance and operation g ti n of such Rutledge Lateral by the District with its equipment for the maintenance of the Rutledge Lateral shall be promptly removed by the upon demand of the District. E. Applicable Law and Jurisdiction Unaffected. I . Neither the terms of this Agreement, the permission granted by the District to the City, the City's activity which is the subject of this Agreement, nor the parties exercise of any rights or performance of obligations of this Agreement, shall be construed or asserted to extend the application p any g r other requirement, the ' of any statute, rule, regulation, directive o q , or Jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, drains, g Y irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this Agreement. 2. In the event the District is required to comply with any such requirements or is subject to theJ 'urisdiction of any such agency as a result of execution of this Agreement or the City's activity authorized hereunder, City shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction and the City shall cease the activity and remove the facility which subjects the District to such requirements. F. Indemnification and Hold Harmless 1. In addition to all other indemnification provisions herein, City further agrees to indemnify' hold harmless and defend the District from any injury, damages, claim., lien, cost and/or asserted against, the District b expense (including reasonable attorney's fees) incurred by, or ass g Y reason of the negligent acts or omissions of City or its agents, contractors or subcontractors in performing the construction and activities authorized by this Agreement. G. Fees and Costs I . The City agrees to pay to the District fees and costs incurred by the District for work necessary to prepare this Agreement. The amount shall not exceed $500.00 without the additional consent of the City. 2. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this Agreement, whether by institution of suit or not the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. AGREEMENT- H. Miscellaneous 1. . No Claims Created. Nothing in this Agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the City or any third party against the District. 2. Assignment. Neither this Agreement nor any agreement entered pursuant to this Agreement may be assigned or transferred without the prior written approval of the Parties, which � y approval shall not be unreasonably withheld. 3. Amendment and Modification. Any amendment or modification of this Agreement must be in writing and signed by all parties to be enforceable. 4. Interpretation. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Idaho. 'Phis Agreement is not intended for the benefit of any third party and is not enforceable by any third party. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this Agreement shall remain in full force and effect. The parties represent and warrant to each other that they each have authority to enter this Agreement. The catchlines or section headings herein set forth are provided only For the convenience of the parties in locating various provisions of this Agreement, and are not intended to be aids in interpretation of any provision of this Agreement with respect to which the parties might disagree at some future time, and shall not be considered in any way in interpreting or construing any provision of the Agreement. 5. Bindina Effect. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, the easement(s) of the City described herein, and shall be bindingon each of the parties hereto and on all. parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 6. Notices. Any and all notices, demands, consents and approvals required pursuant to this Agreement shall be delivered to the parties as follows: Nampa. & Meridian Irrigation District City of Meridian 5525 East Greenhurst 33 E. Broadway Nampa, ID 83686 Meridian, Idaho 83642 Notices shall be deemed to have been delivered upon hand deposit in the United States mail as provided above. 7. Counterparts. This Agreement may be executed and delivered in counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the District has hereunto caused its name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the City has caused its corporate name to be subscribed by its duly authorized officer, all as of the day and year herein first above written. AGREEMENT - 5 ATTEST: lts Secretary ATTEST: City AGREEMENT -6 NAMPA &MERIDIAN IRRIGATION DISTRICT Ey ie4 Its President o¢gttD A v�USr City of E IDIAN-- IDAHO `�, SEAL ti 1,2 of°f aef $* CITY OF MERIDIAN Its Mayor 00� STATE OF IDAHO ss: County of Canyon ) On this day of (LUku.4...? �20I2. before me, the undersigned, a Notary Public in and for said State, personally appeared ClintiOn C. Pyne and Daren Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district 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. U Q '+. %0 ®® ® � s • ®s® P t3 ® q � ® e ami 00 ***see o®®� s AHC) •., TaT� 0 4�•°® STATE OF ID .a■�r���rr�0i ss. County of Adm ) =� - A(K"Z� Notary Public for Idaho Residing at aho My Commission Expires: 02 4 L — On this day of kg 2012, before me, the undersigned, a notary public in and for said state personally appeared d Qe.rol andy pu c , p y __ a�hrm known to me to be the k412o c and � C1 Ly 1- of the CITY OF MERIDIAN, the entity that executed the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in `this certificate first above written. AGREEMENT -7 Nota Public formko Residing at MUt My Commission Expires: a."n A _ SOI Exhibit A Legal Description An easement or easements for a water main and a sewer main, located within the road rights-of- way for Williams Street, King Street and Main Street in the SW ;/4 SW '/4 of Section 7, Township 3 North, Range I West, B.M., Meridian, Ada County, Idaho. AGREEMENT- Exhibit B EXHIBIT C Purpose of Agreement The purpose of this Agreement is to permit the City to construct within the City's easement(s) a sewer main crossing under the Rutledge Lateral at three (3) locations, and a water main crossing under the Rutledge Lateral at two (2) locations, each to be installed a minimum of three (3) feet under and across the Rutledge Lateral and the District's easement, where the City's easement(s) intersect the Rutledge Lateral in Meridian, Ada County, Idaho. EXHIBIT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance with Exhibit D-1, attached hereto and by this reference incorporated herein. (The plans submitted to the District by the City identified the Rutledge Lateral as "Nine Mile Creek." In Exhibit D-1, the plans have been amended by the District's Water Superintendent to identify the Rutledge Lateral.) b. The City shall notify the District's Water Superintendent prior to and immediately after construction so that he and/or the District's engineers may inspect and approve the construction. C. The City shall repair any damage to the Rutledge Lateral pipeline caused by the construction authorized by this Agreement. The City shall immediately notify the District's Water Superintendent of such damage so that he may approve or verify the adequacy of the repairs. Such repairs may require replacement of damaged pipe. d. The City represents that City has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. The City recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by the City which is the subject of this agreement. e. The parties to this agreement recognize that this agreement is an accommodation to the City. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. f, Construction shall not commence before the District ceases delivering water through the Rutledge Lateral, and shall be completed prior to March 15, 2013. Time is of the essence. AGREEMENT -9 in t fs1 Trolrri :-:4 it w .p o X 30 CIPy 04; P �y` k� :. r.1' 0 Yn Po cn J W 0 � v •••TTTiii A CITY OF MERIDIANw a ,��• WiLLU1MS STREET, KING STREET AND STREET SEWER AND WATER MAIN -- QiMAIN CONSULTmo B14004M B AM LD ISM UST WAIESTOM steer h Ic CONSTRUCTION PLANS It IV y i li ] i 4 � ` .i G j F J • 4 14 r.7 ri i 1 : K �j.{ , b- • a I - Z i Y r r O I' LINDER:RD4. ,41'1( 1.:7 j, �. C � `1� . s m - �•• _�__v. � =fig m,;, o - z > r z L t )�. MI00--ol. v m MERIDIAN RDS=-�, , i t fl MAIN STREET - WON 6 U N � LC7Sc�c� �� :nom. >O j i w OR 4m OR ,i Z --i,... .. . . . . . . . . . .mak. LOCUST GROVE RD , Alt i u. Exhibit D--1 , page 1 fs1 Trolrri :-:4 o X 30 CIPy 04; P �y` k� :. r.1' 0 Po cn J W 0 � v � CITY OF MERIDIANw a ,��• WiLLU1MS STREET, KING STREET AND STREET SEWER AND WATER MAIN -- QiMAIN CONSULTmo B14004M B AM LD ISM UST WAIESTOM steer H CONSTRUCTION PLANS O y � � cn � n Exhibit D--1 , page 1 fs1 Trolrri o X 30 CIPy 04; P �y` k� :. r.1' 0 Po ,r�, lLA � CITY OF MERIDIANw CIVIL SURVEY CONSULTANTS, INC. AN MWEYOR4 ,��• WiLLU1MS STREET, KING STREET AND STREET SEWER AND WATER MAIN -- QiMAIN CONSULTmo B14004M B AM LD ISM UST WAIESTOM steer CONSTRUCTION PLANS Exhibit D--1 , page 1 9 L L I I I rr-i8s nN, 916-D nz-: Via n. -I LID013 ra 2 0- 15 P. =9 iq 4 b 1!q1 t, - IVA 0 0 04 w2- ®R &D(M t - M; M, - '4: * (9) C., 9, t� -4 N: 16 n .6 w a m , 4%. 4 �A h 14 ro� 4 -4- -)go .4 § P Aci w 1 2, z LP ks Ig Ps F a T Ej IL 71 e r" ca P -4 CITY OF MERIDIAN .' 2 z " g - g l ' A A tar low coxm* X P, I C -V C" WILLIAMS STRIKETv KING STREET AND MAIN STREET SEWER AND WATER MAIN C3 -51 F 7� 49) J4 (. a I I rr-i8s nN, 916-D nz-: Via n. -I LID013 ra 2 0- 15 P. =9 iq 4 b 1!q1 t, - IVA 0 0 04 w2- ®R &D(M t - M; M, - '4: * (9) C., 9, t� -4 N: 16 n .6 w a m , 4%. 4 �A h 14 ro� 4 -4- -)go .4 § P Aci w 1 2, z LP ks Ig Ps F a T Ej IL 71 e r" ca I I CITY OF MERIDIAN C[VrL SURVEY CONSULTANTS, INC. CONSULTING ENGINEERS AND LAND 91MVEYORS 1400 WAYENTOWER SINFEI surm too MIMI, IDAHO 83542 C21M 318-4112 tar low coxm* a''''�����` ' 0 10 4 J, C -V C" WILLIAMS STRIKETv KING STREET AND MAIN STREET SEWER AND WATER MAIN NOTES 7� Exhibit D-711 page 2 1 � cm fill . � ♦ w s N A 'A s 9 � =-�t'r�—�--r-- ._10 %41 i VNNW MILK SMLI . Lis 7. WWI >... ... w ti W jj d am O e~ F ALLEY 01 1 ; rq "gEgli µti jet H * ►. w n a w M r �1•^ 4 P' 1 a r, a .•.t:[ iY.(ti ✓ '• X"r SM. -ET i 2 lo ?rat o }v } NU A A A ti 01 IN oil am RIOw r a^ t A .. :.. ri lQ� qi�S? �`'l♦ I .rKR�:xeftL:. •,a,.w.,,. t -PA- Mae Vt . Ls ss3�a Fcm : f ' 0 14 LA -«• _ ,tltlt! ^CF f1�yT X79 �tJ �,1i�1 to jy y i0 1 � Cr yt t� 6v lei t ► z o ���� ?c G a O ;u7 N U, fJ N oNi h LC' 1APA Lief R •2T><alaY DIN "Com13 CITY OF MERIDIAN Y CONSULTANTS. INC. >w CIVIL SURVEY �.+ WILLIAMS STREET, KING STREET AND C014OULTMO RNGUMMM urn WO SURUMS -!, MAIN STREET SEWRE AND WATER MAIN 1100 NJ1TCtiiQrKM S1tiCRmmr too A [AHO LIt4I jr MAIN STREET t'PCs �A'e.,3u Exhibit D-11 page 3 JC& JLll1 lJ 1 L IJ- I I rQV 1= 2 �lilli lillillillillillll�illilI 1111111111111111111 11111 1 1 I I' Auqust 14, 2012 ITEM NUMBER: 4J Agreement with the Nampa and Meridian Irrigation District for the Construction and Installation of Sewer and Water Mains as Part of the Meridian Road Split Corridor Project liT114:31111 WN Community Item/Presentations Presenter Contact Info./Notes ACTIONCLERKS OFFICE FINAL DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 12 BOISE IDAHO 08/24/12 08.43 AM DEPUTY Bonnie Oberbiilig RECORDED—REQUEST OF 112085657Nampa Meridian Irrigation Dist AGREEMENT This AGREEMENT, is made and entered into this o1-.4_ day of , 2012, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation dis t organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Broadway, Meridian, Idaho 83642 hereinafter referred to as the "City", WITNESSETH_: WHEREAS, the District owns the irrigation ditches known as the RUTLEDGE LATERAL. and the HUNTER LATERAL (collectively referred to herein as "ditches"), integral parts of the irrigation works and system of the District, together with the easements therefor to convey irrigation water, to operate, clean, maintain, and repair the ditches, and to access the ditches for those purposes; and, WHEREAS, the District operates, cleans, maintains, repairs and protects the ditches for the benefit of District's landowners; and, WHEREAS, the City owns an easement or easements, particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof, for construction, operation and maintenance of a water main and a sewer main within and/or across the road right-of-way for Main Street in Meridian, Idaho; and, WHEREAS, the ditches cross and intersect Main Street and the City's easement(s) described in Exhibit A as shown on Exhibit B, attached hereto and by this reference made a part hereof; and, WHEREAS, the City desires permission to construct and install a water main and a sewer main under and across the ditches and/or the District's easement under the terms and conditions of this Agreement in furtherance of the Meridian Road Split Corridor project within the City of Meridian, Ada County, Idaho; and NOW, THEREFORE, for and in. consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: AGREEMENT - 1 A. Scope of Agreement 1 City The Ci shall have the right to cross the ditches or encroach upon the District's casements for the ditches in the manner described in the "Purpose of Agreement" attached hereto as Exhibit C and by this reference made a part hereof Any g 2. An crossing, encroachment upon or modification of the ditches and/or the District's easements shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of Agreement," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. The City shall only be permitted toupon or modify cross, encroach p fy ithe ditches and/or the District's easements as described in Exhibit C even f any g plans or drawings referenced or attached to Exhibit D provide or show otherwise. Each installed facility shall be subject the conditions of this Agreement and the City shall have access to repair, maintain, or replace said facilities as needed. 3. This Agreement pertains only to the City's encroachment upon the ditches and/or the District's easements for the purposes and in the manner described herein. TheCity shall not excavate, g dischar aiplace any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform an construction or activity within the District's easement for the ditches except as referred to in this Agreement without the prior written consent of the District. 4. The City. recognizes and acknowledges that the permission granted by this Agreement pertains only ' to the rights of the District as owner of easements. The District has no right or power to create rights �n the City affecting p ytin the holder of title to the property subject to the District's easements. Any suchrights i hts affecting fee title must be acquired by the City from the holder of title to the property. g Should the City fail to obtain such rights from the holder of title to the property or should therights P legally obtained rove le all ineffectual, the City shall indemnify, hold harmless, and defend the District from any Y anYP claim b arty arising out of or related to such failure of rights and at the option of the District this Agreement shall be of no force and effect. C. Facility Construction, Operation, Maintenance and Repair 1. The City agrees that the work performed and the materials used in any construction permitted b this Agreement shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of the such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 2. Each facility ("facility" as used in this Agreement means any object or thing installed by the City on, over or in the vicinity of the District's easement) shall be constructed, installed, operated, maintained, and repaired at all times by the City at the cost and expense of the City. 3. The City agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation or drainage water in the AGREEMENT - 2 ditches or the District's delivery of irrigation water; C. seepage an increase in see a e or any other increase in the loss of water from the ditches; d. the subsidence of soil within or adjacent to the easements; e. an interference with the District's use of its easements to access, operate, clean, maintain, and repair the ditches; an other damage to the District's easements and irrigation or drainage works. f. y 4. The g he Ci agrees to indemnify, hold harmless, and defend the District from all claims for damages arising y out of an of the City's construction or activity which constitutes or causes any of the ces enumerated in the receding paragraph, 3.a. through 3.f., or any other damage to the circumstances p easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 5. The Ci shall, upon demand of the District, remove any facility or repair any alteration of the Districts easement which interferes with the Di � � 'strict's operation and maintenance of the ditches, or causes or coy ntributes to an of the circumstances enumerated in the preceding paragraph, 3.a. through 3.f. District shall give reasonable notice to the City, and shall allow the City a reasonable period of time The D to perform such maintenance, repair, and other work, except that in cases of emergency the District shall attempt to give such notice as is reasonable under the circumstances. The City shall respond within 24 hog re urs to begin. air or remediate any interference with the District's operation and maintenance of the p ditches. The District reserves the right to perform any and all work which the City fails or refuses to perform within a reasonable period of time after demand by the District. All work performed shall be performed in manner required by Idaho law, including but not limited to the use of licensed public works contractors and engineers and the performance standards as required by law and ordinance. The City agreesto a to the District, on demand, the costs which shall be reasonably expended by the District for pay suchpm`P oses. Nothing in this paragraph shall create or support any claim of any kind by the City or any party g p third a against the District for failure to exercise the options stated in this paragraph, and the City shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph, except for claims arising from any work which unreasonably exposes the District's employees and agents to the risk of harm from electric power lines, or arising solely out of the negligence or fault of the District. D. District's Rights Are Paramount 1. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation or drainage works and system of the District by this Agreement nor to grant any rights in its irrigation or drainage works and system incompatible with the uses to which such irrigation or drainage works and system are devoted and dedicated and that this Agreement shall be at all times construed according to such principles. 2. Nothing herein contained shall be construed to impair the ditches or the District's easements and all construction and use of the District's easements by the City and the permission herein provided therefor shall remain inferior and subservient to the rights of the District to the use of the ditches for the transmission and delivery of irrigation water or transmission of drainage water. 3. The City agrees that the District shall not be liable for any damages which shall occur to any facility in the reasonable exercise of the rights of the District in the course of performance of AGREEMENT- maintenance or repair of the ditches. 4. In the event of the failure, refusal or neglect of the City to comply with all of the terms and conditions of this Agreement, the permission granted to the City under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over the ditches, and the easements therefor, which may unreasonably and materially interfere with the maintenance and operation of such ditches by the District with its equipment for the maintenance of the ditches shall be promptly removed by the upon demand of the District. E. Applicable Law and Jurisdiction Unaffected. 1. Neither the terms of this Agreement, the permission granted by the District to the City, the City's activity which is the subject of this Agreement, nor the parties exercise of any rights or performance of any obligations of this Agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this Agreement. 2. In the event the District is required to comply with any such requirements or is subject to the jurisdiction. of any such agency as a result of execution of this Agreement or the City's activity authorized hereunder, City shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction and the City shall cease the activity and remove the facility which subjects the District to such requirements. F. Indemnification and Hold Harmless 1. In addition to all other indemnification provisions herein, City further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of City or its agents, contractors or subcontractors in performing the construction and activities authorized by this Agreement. G. Fees and Costs I. The City agrees to pay to the District fees and costs incurred by the District for work necessary to prepare this Agreement. The amount shall not exceed $500.00 without the additional consent of the City. 2. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this Agreement, whether by institution of suit or not the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other per'• AGREEMENT - 4 H. Miscellaneous 1. No Claims Created. Nothing in this Agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the City or any third party against the District. 2. Assignment. Neither this Agreement nor any agreement entered pursuant to this Agreement may be assigned or transferred without the prior written approval of the Parties, which approval shall not be unreasonably withheld. 3. Amendment and Modification. Any amendment or modification of this Agreement must be in writing and signed by all parties to be enforceable. 4. Interpretation. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Idaho. This Agreement is not intended for the benefit of any third party and is not enforceable by any third party. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this Agreement shall remain in full force and effect. The parties represent and warrant to each other that they each have authority to enter this Agreement. The catchlines or section headings herein set forth are provided only for the convenience of the parties in locating various provisions of this Agreement, and are not intended to be aids in interpretation of any provision of this Agreement with respect to which the parties might disagree at some future time, and shall not be considered in any way in interpreting or construing any provision of the Agreement. 5. Binding Effect. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, the easement(s) of the City described herein, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 6. Notices. Any and all notices, demands, consents and approvals required pursuant to this Agreement shall be delivered to the parties as follows: Nampa & Meridian Irrigation District City of Meridian 5525 East Greenhurst 33 E. Broadway Nampa, ID 83686 Meridian, Idaho 83642 Notices shall be deemed to have been delivered upon hand deposit in the United States mail as provided above. 7. Counterparts. This Agreement may be executed and delivered in counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the District has hereunto caused its name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the City has caused its corporate name to be subscribed by its duly authorized officer, all as of the day and year herein first above written. AGREEMENT -5 ATTEST: Its Secretary NtRR��� O NAMPA &MERIDIAN IRRIGATION DISTRICT OMCIAL o eat Its President CITY OF MERIDIAN 4 O�A�ED A Ucos 01 G00 r� City of is Mayor � E IDIANx,---- ATTEST: IDAHO SEALw C' '44 ele et tit TRE #rt1 is Citolerk AGREEMENT - 6 STATE OF IDAHO } } ss: County of Canyon On this day of _ , 2012, before me, the undersigned, a Notary Public in and for said State, personally appeare Cli n C. Pline and Daren Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district 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. �S�*���r wi%�o. 0 %` i lRA Af 0+ �. #14 � YY , 4 ® 4,0 + STATE OF IDAHO }�s7, •o® �'L IC ®®°o �,S& *• 0, 000 0 County ofAAo*\ 04e./ IDA .i,`�.. °®,seee,ees J, � Notary% Publ' for Idaho Residing atj Idaho My Commission Expires: t 8L' On this NA day of _ , 2012, before me, the undersigned, a notary public in and for said state, personally appeared V and .,a,� tef- HA. --)t known to me to be the &%Jct- and of the CITY OF MERIDIAN, the entity that executed the foregoing instrument, and acknowledged to me that such entity 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. ..p 5 JNJ+ i J tt No Public for 1 r Y Residing at+fArl(t a.rZ i ��...�. +'y My Commission Expires: AGREEMENT - Exhibit A Legal Description An easement or easements for a water main and a sewer main, located within the road right-of- way for Main Street north of Franklin Road in the SW '/4 SW 1/a of Section 7 and the SW '/4 NW '/4 of Section 7, Township 3 North, Range 1 West, B.M., Meridian, Ada County, Idaho. AGREEMENT -8 9 Exhibit Br page 1 it •f In .L'7 Exhibit B, page 2 G Exhibit B, page 3 EXHIBIT C Purpose of Agreement The purpose of this Agreement is to permit the City to construct within the City's easement(s) a sewer main crossing under the ditches at three (3) locations, and a water main crossing under the ditches at two (2) locations, each to be installed a minimum of three (3) feet under and across the ditches and the District's easement, where the City's easement(s) intersect the ditches in Meridian, Ada County, Idaho. EXHIBIT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance with certain plans entitled "City of Meridian, Meridian Road and Main Street Split Corridor Phase 2," bearing engineers stamp dated March 28, 2012. These plans have been delivered to and approved by the District's water Superintendent, are in his possession in his offices, and are hereby incorporated by this reference. b. The City shall notify the District's Water Superintendent prior to and immediately after construction so that he and/or the District's engineers may inspect and approve the construction. C. The City shall repair any damage to the ditches pipeline caused by the construction authorized by this Agreement. The City shall immediately notify the District's water Superintendent of such damage so that he may approve or verify the adequacy of the repairs. Such repairs may require replacement of damaged pipe. d. The City represents that City has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. The City recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by the City which is the subject of this agreement. e. The parties to this agreement recognize that this agreement is an accommodation to the City. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. f. Construction shall not commence before the District ceases delivering water through the ditches, and shall be completed prior to March 15, 2013. Time is of the essence. AGREEMENT -9 August 14, 2012 I K PROJECT ITEM TITLE: Development Agreement for Approval: RZ 11-004 Chesterfield by Liberty Development, Inc. Located South Side of W. Pine Avenue; Midway Between N. Black Cat Road and N. Ten Mile Road Request: Rezone of 1.48 Acres of Land from the R-8 Zoning District to the R-15 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 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 12 BOISE IDAHO 08/15/1210:24 AM DEPUTY Vicky Bailey RECORDED -REQUEST OF Meridian City 112082267 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Liberty Development, Inc., Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 14 day of IASc�yS-- , 2012, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Liberty Development, Inc., 2358 S. Titanium Place, Meridian, ID 83642, hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-5B-3, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for re- zoning of the Property described in Exhibit A, and has requested a designation of R-15 (Medium Density Residential District), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission DEVELOPMENT AGREEMENT - CHESTERFIELD SUBDIVISION (RZ 11-004) PAGE 1 OF 10 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Liberty Development, Inc., Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of , 2012, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Liberty Development, Inc., 2358 S. Titanium Place, Meridian, ID 83642, hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-5B-3, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for re- zoning of the Property described in Exhibit A, and has requested a designation of R-15 (Medium Density Residential District), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission DEVELOPMENT AGREEMENT- CHESTERFIELD SUBDIVISION (RZ 11-004) PAGE I OF 10 and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 20"' day of December, 2011, has approved City of Meridian Planning Department Staff Report, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Staff Reportrequires the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 . OWNER/DEVELOPER deems it to be in his best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at his urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT - CHESTERFIELD SUBDIVISION (RZ 11-004) PAGE 2 OF 10 3. DEFINITIONS: For all purposes of this Agreement the following words, teams, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642, 3.2 OWNER/DEVELOPER: means and refers to Liberty Development Inc., whose address is 2358 S. Titanium Place, Meridian, ID 83642, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re -zoned R-15 (Medium Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4. ' • USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2A-2. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1.Owner/Developer shall develop the Property in accordance with the following special conditions: a. All future homes constructed on the site shall substantially comply with the elevations shown in Exhibit A of the Staff Report. The owner/developer shall receive Planning Department approval for the future homes prior to obtaining building permits. The proposed elevations shall be consistent with Section E. Residential Guidelines contained in the Meridian Design Manual. Similar building materials and mix of materials shall be incorporated into all sides of the future homes. Particular attention shall be made to those sides and rear facades DEVELOPMENT AGREEMENT - CHESTERFIELD SUBDIVISION (RZ 11-004) PAGE 3 OF 10 that fact a public street and common open space. b. The subject property shall develop with a maximum of 148 residential lots as generally configured on the proposed preliminary plat unless modified by City Council. c. The applicant shall provide a minimum of 2.8 acres of common open space and include the following amenities: a covered picnic shelter and a tot lot on the planned pocket park (Lot 3, Block 13). The pocket park shall be developed with phase 3. d. The owner/developer shall create a separate homeowner's association for the proposed subdivision and shall be a separate entity from the existing homeowner's association of the combined Chesterfield No. 1 and Castlebrook Subdivisions. e. The extension of Pine Street shall be completed with Phase 2 of the subdivision. f. Prior to the submittal of a final plat, the applicant shall coordinate and obtain approval from the Meridian Fire Department for secondary emergency access. The secondary access shall be constructed as set forth in Appendix D of the International Fire Code and modified by Ordinance No. 081357, 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon an uncured material default of the Owner/Developer or Owner's/Developer's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and -after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred* eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure maybe DEVELOPMENT AGREEMENT- CHESTERFIELD SUBDIVISION (RZ 11-004) PAGE 4 OF 10 extended for such period as maybe necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply DEVELOPMENT AGREEMENT - CHESTERFIELD SUBDIVISION (RZ 11-004) PAGE 5 OF 10 with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the rezoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Ownei/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall continence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be reasonably necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes DEVELOPMENT AGREEMENT - CHESTERFIELD SUBDIVISION (RZ I I -O04) PAGE 6 OF 10 which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the, City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees thatno Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer/Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de - annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 with copy to: City Attorney City of Meridian. 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: Liberty Development, Inc. 2358 S. Titanium Place Meridian, ID 83642 DEVELOPMENT AGREEMENT - CHESTERFIELD SUBDIVISION (RZ 11-004) PAGE 7 OF 10 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/DeveIoper and City, other than as' are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance orresolution of City. DEVELOPMENT AGREEMENT- CHESTERFIELD SUBDIVISION (RZ 11-004) PAGE 8 OF 10 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for, a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinat CITY OF MERIDIAN By: Mayor T y de Weerd SD AUCUsr, ATTEST: 3"0 V Cityof E IDIAN IDAHO CF c�; A 7 +. v� aycee olman, City Clerk °yrs ��°` �•�1he rAE�s° DEVELOPMENT AGREEMENT — CHESTERFIELD SUBDIVISION (RZ 11-004) PAGE 9 OF 10 STATE OF IDAHO, ) ss County of Ada ) r On this 7441 i day of J 1"1 2012, before me, the under ned, a Nota Public in and for said State, personally appeared WE A u r' known or identified to me to be the person who executed the agreement on behalf of Liberty Development, Inc., and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ®®�ViD L4 (SEAL) 140r4ts. s • s ®®'•'rB QF fD pN®. •••..►6666 � • •'' STATE OF IDAHO ) ss County of Ada ) ( --0 41? Notary Public for Idaho Residing at: 130, 4.t � T—D My Commission Expires: C131126)? On this day ofofy %k- , 2012, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ®®06060, of bliclfborAdaho ' Residing at: OLLow-A ®G Commission expires: ••6666•• DEVELOPMENT AGREEMENT - CHESTERFIELD SUBDIVISION (RZ 11-004) PAGE 10 OF 10 A. Legal Description P SuRmNG Y,zds,ea�saaa ; T- � {{j�u�L(Or17iSll.tOti1 `(`j1]�,C'�'O,�essiptidi.C.andSr�►uPyvr 1511Ui:.ProhaskaCr, a E04u,ID $3616 AUGUST 815, 2011 DESCRIPTION FOR PROP089D MEDIUM HIGH DENSITY RESIDENTIAL ZONE 014158TERFIRLD SUBDIVISION A PARCEL- OF LAND LOCATED IN THE SW'/a OF SECTION 10, T. 3 N., R.1 W., 8,M., MERIDIAN, .ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRI080 AS FOLLOWS; COMMENCING AT THE NE CORNER OF THE SW l OF SAID SECTION 10, FROM WHICH THE WEST,r CORNER OF SAID SECTION BEARS NORTH 89°31'43" WEST, 2686.95 FEET, THENCE ALONG THE NORTH LINE OF SAID SW V4 NORTH 89°3143'• WEST, 426,37 PEET TO THE NORTHEASTERLY CORNER OF CHESTERFIELD SUBDIVISION NO. 1, AS FILED FOR RECORD I.N,BOQK 96 OF PLATS AT PAGE 11924, RECORDS OF ADA COUNTY, IDAHO; THENCE ALONG THE EASTERLY BOUNDARY OF SAID SUBDIVISION SOUTH 00028'17" WEST, 133.00 Pl-:PT; THENCE SOUTH 89"3143" EAST, 43.48 FEET; THENCE SOUTH 00°28'17° WEST, 25.00 FEET TO THE REAL POINT OF DEGINNINC OF THIS DESCRIPTION; THENCE LEAVING SAID EASTERLY BOUNDARY SOUTH 89"31'43" EAST, X00 FEET TO A POINT OF CURVAfi UR5; THENCE 70.69 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID OURVE HAVING A RADIUS OF45.00 FIvET, A DELTAANOLE OF 00°00'00°, AND A LONG CHORD BEARING SOUTH 44°31'43" EAST, .63.64 FELT TO A POINT OF TANGENCY; THENCE SOUTH 00°28`97" WE15T, 416.63 PjrET TO A POINT OF CURVATURE; THENCE 7127 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 45.00 FEET, A DELTA ANGLE OF 0"44'27", AND A LONG CHORD BEARING SOUTH 45°50'31" WEST, $4.05 FEET TO A POINT OF TANGENCY; THENCE NORTH 88°47'17" WEST, 69.76 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID CHESTERFIELD SUBDIVISION NO. 1; THENCE ALONG SAID BOUNDARY NORTH 01012'43" EAST, 25.00 FEET; THENCE NORTH 00028'17° EAST, 542.73 FEET TO THE REAL POINT OF BEGINNING, CONTAINING 1.48 ACRES, MORE OR LE88 .RF "PPFIOVAL BY C - SEP 0 12011 MERIDIAN PUBLIC WORKS DEPT. B. Exhibit Map CASTLEBR00K SUBIAMSIONS ?�� N 69'31'43"W 2835.95' 2210,68' N 89'31'43" W 426.37' Vt. PINE STREET c 1/4 9 I 10 --- — - - -- s�5 N coo ` OP OSv,� �� BUiv1Sl0� •� � { � � s 00'28`17"W � S $9'31'43" E 43,48` S 89-31-43 E 70.00' W. MEADOWpINE ST S rte W. am WnY in S aQ 1 I V Uj pe N 0112 '43"�� 0 UTURE pNA �� - 25.00 - F1RgpOSE Sun)Nls GSL CHEBrtER�yE D W. NEWLAND 9, - N 88'47'15"W . 59.75' CURVE DATA Curve Length Radius paha Chord Bearing Chord 1 MOW 45.00' OV00'00" S 4431'4.3"E 63.64' ] 2 71.27' 45.00' 90'44'27' S 46'60'31"14 64,05' PROPOSED REZONE Iff CHESTERFIELD SUBDIVISION DRAW BY, GO LOCATED IN THE: SWT 4 OF SECTION 10, Rr:vl PROVAwe. �o Ibijr T, -3N•, R.1%, S, MERIDIAN, ADA COUNTY, IDAHO 13 tE: REZOW Ex anion SEPT 12011 MERIDIAN PUSLIC WORKS DEPT. WATE: Auqust 14, 2012 ITEM NUMBER: 4L Meridian School Resource Office Agreement for Approval Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Lck +-0 to, 91h- MERIDIAN SCHOOL RESOURCE OFFICER AGREEMENT THIS AGREEMENT, entered into by the City of Meridian, a political subdivision of the State of Idaho, hereinafter referred to as "the City -of Meridian", and Joint School District Number 2, Meridian, Idaho hereinafter referred to as "the District". WHEREAS, the District desires increased law enforcement from the City, through the Meridian Police Department; and WHEREAS, the City of Meridian and the Meridian Police Department desire to provide increased law enforcement services to the District, through the Meridian Police Department; and WHEREAS, the parties recognize their mutual interest can be furthered through the use of the School Resource Officer (SRO) Program of the Meridian Police Department; NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. This Agreement shall be for the sole benefit of the District and the City and shall not be interpreted to benefit third parties. The relationship of the parties hereto is that of contractor and independent contractor, and it is expressly understood and agreed that each party and their officers, agents, and employees do not in any way, nor for any purpose, become a partner, agent, joint venturer, servant, or employee of the other. 2. The City of Meridian, through the Meridian Police Department, shall provide School Resource Officer services at designated campuses, as referenced in Paragraph 3 below, including, but not limited to: investigating and preventing crimes against persons or property; identifying and arresting violators, of state and local laws; filing investigative reports and other required reports or documents; patrolling; and, to a limited extent, maintaining building security, controlling traffic, and enforcing traffic laws. 3. The City of Meridian shall provide one (1) School Resource Officer at Meridian Middle School, one (1) School Resource Officer at Sawtooth Middle School, one (1) School Resource Officer at Lewis and Clark Middle School, one (1) School Resource Officer at Heritage Middle School, 'and one (1) School Resource Officer to cover Central Academy, Meridian Academy, Crossroads Middle School, and Pathways Middle School. 4. As a member of the school management team, the SRO shall endeavor to maintain open and regular communication with the assigned school principal and shall positively promote the school, staff, students, and administration to the community. 5. The Meridian Police Chief and the District will determine how the officers performing the duties under this Agreement will be deployed, and the manner in which the services contemplated by the Agreement shall be provided. The Meridian Police Department will communicate to the assigned school principal whenever concerns or problems regarding scheduling, duties, or other items occur. The interiors of buildings will not be patrolled by SRO's except as is necessary to investigate crimes and apprehend criminal suspects; however, the SRO's shall maintain high visibility with students during break and lunch periods. 6. The Meridian Police Chief and his officers shall have the right to exercise due discretion in the performance of this Agreement, including, but not limited to the type, nature, extent, and result of any response or activity undertaken by the Meridian Police Chief and his officers. 7. a. With the exception of paragraph 7(b) below, the conduct of the Meridian Police Chief and his officers will be governed by the Meridian Police Policy Manual (hereinafter "Manual"). In the event that the District's procedures conflict with the procedures set forth in the Manual, the provisions of the Manual shall prevail. The Manual which will be maintained at the Meridian Police Department shall be an integral part of this Agreement and it is incorporated herein as if set forth. fully. b. District and Parental Notifications. Not withstanding any other provisions herein to the contrary, the following procedures shall be used in all instances with regard to notifying the principal and/or a student's parents about the interaction of SROs with students: i. When an SRO interviews a student in the course of investigating a crime, the SRO shall notify the school principal, or designee, of the fact that an interview with the student was conducted, no later than the end of the school day in which the interview was conducted. 3 ii. In the event that a student is arrested by an SRO or if the SRO finds it otherwise necessary to remove the student from school, the SRO shall immediately notify the principal of the school, or designee. 1/1, Upon receiving notice of any of the above circumstances from an SRO, the principal, or his or her designee, shall make reasonable efforts to contact the student's parent or guardian. If contact is made, the principal may tell the parent or guardian of the student that a police officer questioned the student, removed the student from campus, or arrested the student, as the case may be, and may further state that additional information may be obtained by contacting the Meridian Police Department or if another enforcement agency is involved of which the principal is aware the principal may then give the parent or guardian that information. iv. If a'student's parent or guardian contacts the principal about interviews conducted by an SRO, the principal may disclose any information received by the principal from the SRO and may refer further questions to the Meridian Police Department or the correct law enforcement agency if another law enforcement agency is involved of which the principal is aware. Liability arising from any of the above actions shall be governed by paragraphs 18 and 19 of this Agreement. 8. The City of Meridian shall use five (5) suitably trained police officers in meeting its obligation herein, each of whom may be physically present at one of the school campuses referenced in Paragraph 3, in accordance with a schedule that is mutually agreeable to the District and the Meridian Police Department. If 4 . scheduling conflicts occur causing an SRO to be off campus during a scheduled on -campus period, efforts will be made to provide prior notice and arrange with the assigned school principal to provide adequate coverage. 9. Meridian police officers providing additional services and police . protection under the terms of this Agreement will wear the authorized uniform of the Meridian Police Department. 10. The parties recognize that the District may from time to time adopt policies, procedures, rules, and regulations affecting the conduct of persons present on the campuses referenced in Paragraph 3. To the extent that violation of those policies, procedures, rules, and regulations constitutes a violation of law, including breach of the peace, or a threat to public health or safety, those policies, procedures, rules, and regulations will be enforced by the Meridian Police Chief and his officers. To the extent. that violation of those policies, procedures, rules, and regulations does not constitute a violation of the law, the Meridian Police Department is not required to take law enforcement action and will leave the enforcement thereof to the District. SRO's shall inform the principal, or his designee, of violations of school policies, procedures, rules or regulations of which he/she has personal knowledge. 11. This Agreement is for a period commencing on or about August 28, 2012, and ending on or about May 31, 2013 in accordance with the Meridian School District Calendar. It is agreed under the terms of this Agreement that the SRO's shall commence the duties set forth herein one (1) week prior to the first day of classes in the fall of 2012, and will complete the obligations one (1) day after the last day of classes in June 2013. At the present time, the dates set forth in this section are the anticipated starting and ending dates. However, each party to this agreement recognizes, that as of this date, the start and end dates of the 2012 2013 school year are tentative and may be changed, and if there are changes, this Agreement shall incorporate such changes as if set forth fully herein. 12. As consideration for the services provided by the City of Meridian pursuant to the terms of this Agreement, the District shall pay the total sum of $221,018.00 to the City of Meridian in two installments. One-half shall be paid on January 30, 2013, and the balance on or before May 31, 2013. 13. Security for special events will be approved and the City of Meridian compensated as follows: SPECIAL EVENTS a. The District shall provide the Meridian Police Department with a list of special events and scheduled after-school activities for all schools within the city limits of Meridian at which the District is requesting law'enforcement officers to be present. The Meridian Police Department shall provide a minimum of two police officers for each event one of whom may be a Reserve Police Officer. b. If -an event should arise that is not on the original special event list provided by the District, the Community Service Division (CSD) SRO Sergeant shall attempt to provide two law enforcement officers to comply with the request. 6 RECORD OF TIME AND REIMBURSEMENT C, SRO's who attend a special event at his/her designated school and/or officers who work at special events at the request of a district school principal shall complete a Meridian Police Department Time Slip for the event and the requesting principal or his/her designee must sign and approve the completed slip. The SRO and/or officers shall then submit the Meridian Police Department Time Slip to the SRO Sergeant. PAYMENT d. The SRO Sergeant of the Meridian Police Department shall prepare ,and submit an invoice to the Meridian City Finance Department. The Meridian City Finance Department will invoice the individual school(s) hosting the special event(s) at which SRO(s) or other' officers worked at the end of each month. The District shall pay one-half (1/2) of the overtime pay due and owing .an SRO who worked at the request of his/her designated school at the SRO's hourly overtime salary. The District shall pay Meridian Police Department standard overtime for all other required Meridian Police Department Officers. 14. The parties recognize that a school within the District may desire to have the Meridian Police Department provide additional security services for sanctioned school events. This agreement does not govern the provision of such additional security services. Additional security services for school events may be addressed in an addendum to this Agreement or in a separate agreement at a later date. 15. The District agrees to provide officers with adequate office space and suitable desks and chairs for the purpose of this Agreement. 18. It is acknowledged by the parties that City of Meridian personnel acting pursuant to this Agreement are not the employees or agents of the District or schools within the District, but rather, they remain the employees of the City of Meridian. 17. Law enforcement personnel acting pursuant to this Agreement may be absent from their assigned campuses on holidays observed by the District. 18. In the event the City of Meridian or any of its officers, agents, employees, insurers, or indemnitors have any claim, demand, suit, or judgement asserted against them which arises from acts or omissions of the District, its officers, agents, or employees, the District shall, at its expense, defend and indemnify the City, its officers, agents, employees, insurers, and indemnitors, and hold them harmless in the premises. 19. In the event the District or any of its officers, agents, employees, insurers, or indemnitors have any claim, demand, suit, or judgment asserted against it which arises from acts or omissions of the City of Meridian, its officers, agents, or employees, the City of Meridian shall, at its expense, defend and 8 indemnify District, its officers, agents, employees, insurers, and indemnitor, and hold them harmless in the premises. 20. It is acknowledged by the parties that District personnel acting pursuant to this Agreement are not the employees or agents of the City of Meridian, but rather, they remain the employees of the District. 21. This Agreement may be cancelled by either party for non- conformance or poor performance, on thirty (30) days written notice. If the performance defect is corrected during the thirty (30) day period, this Agreement shall continue in full force and effect. If the City of Meridian terminates this Agreement due to the. District's failure to timely correct the default in its performance, the District shall pay to the City of Meridian the consideration set out in Paragraph 11, prorated to reflect the number of school days in which services were actually performed by the City of Meridian. 22. The Assistant Superintendent for the school district has the authority to execute this Agreement on behalf of the District; and she/he shall promptly bring this Agreement before said Board of Trustees for its ratification at a regularly scheduled meeting. 23. This Agreement shall be interpreted in accordance with the laws of 24. This Agreement constitutes the entire agreement of the parties and all other agreements, oral or written, are included in and merged herein. 9 25. This agreement may be modified only by a mutually executed written addendum signed by the Meridian School District Director of Operations and the Mayor of the City of Meridian. 26. The principal of each school shall, in writing, provide the Meridian Police Chief with a designee to contact in the event the SRO cannot contact the principal when so required pursuant to this Agreement. 27. Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed via the United States mail, addressed as follows: Chief of Police Meridian Police Department 1401 E. Watertower Ave. Meridian, Idaho 83642-2300 Assistant Superintendent Meridian School District 1303 E. Central Drive Meridian, Idaho 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 28. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 10 DATED this day of , 2012. CITY OF MERIDIAN OS AUCU God x,19 BY: � Tammy d eerd city of Mayor of ridian � IDAHO BY: �o Ste' Jeff Vilk 14tTRIO Meridian Chief 0 Police ATTEST: JaLyc�eHan City Clerk SEAL JOINNT, SCHOOL DISTRICT NO.2 By: \� As'si tant Superin;endent_, SEAL rman of the Board 11 August1 4' . Amended onto the Agenda: Agreement with Nampa Meridian Irrigation District to Cross the Hunter Lateral Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 13 BOISE IDAHO 08124112 08:43 AM RDEPUTY ECORDED BonnieREQUE� OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII i III Nampa Meridian Irrigation Dist i 12��5�56 AGREEMENT This AGREEMENT, is made and entered into this �_ day of , 2012, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation . s ' t organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Broadway, Meridian, Idaho 83642 hereinafter referred to as the "City", WITNESSETH: WHEREAS, the District owns the irrigation ditch or canal known as the HUNTER LATERAL, an integral part of the irrigation and drainage works and system of the District, together with the easement therefor to convey irrigation water; to operate, clean, maintain, and repair the Hunter Lateral, and to access the Hunter Lateral for those purposes; and, WHEREAS, the District operates, cleans, maintains, repairs and protects the Hunter Lateral for the benefit of District's landowners; and, WHEREAS, the City owns an easement, particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof, for construction, operation and maintenance of a water main within the road right-of-way for NW 1st Street in Meridian, Idaho; and, WHEREAS, the Hunter Lateral crosses and intersects NW 151 Street and the City's easement described in Exhibit A as shown on Exhibit B, attached hereto and by this reference made a part hereof; and, WHEREAS, the City desires permission to cross and encroach upon the Hunter Lateral and/or the District's easernent under the terms and conditions of this Agreement; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: A. Scope of Agreement 1. The City shall have the right to cross the Hunter Lateral or encroach upon the District's easement for the Hunter Lateral in the manner described in the "Purpose of Agreement" attached hereto as Exhibit C and by this reference made a part hereof-. AGREEMENT - 1 2. Any crossing, encroachment upon or modification of the Hunter Lateral and/or the ' easement shall be performed and maintained in accordance with the "Special Conditions" stated District's eas in Exhibit D attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of Agreement," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. The City shall only be permitted to cross, encroach upon or modify the Hunter Lateral and/or the District's easement as described in Exhibit C even if any plans � lans or drawings referenced or attached to Exhibit D provide or show otherwise. The installed facility shall be subject the conditions of this agreement and the City shall have access to repair, maintain, or replace said facility as needed. 3. This Agreement pertains only to the City's encroachment upon the Hunter Lateral and/or the District's easement for the purposes and in the manner described herein. The City shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's easement for the Hunter Lateral except as referred to in this Agreement without the prior written consent of the District. 4. The City recognizes and acknowledges that the permission granted by this Agreement pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the City affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the City from the holder of title to the property. Should the City fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, the City shall hold harmless, and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this Agreement shall be of no force and effect. C. Facility Construction, operation, Maintenance and Repair 1. The City agrees that the work performed and the materials used in any construction permitted by this Agreement shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of the such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 2. Each facility ("facility" as used in this Agreement means any object or thing installed by the City on, over or in the vicinity of the District's easement) shall be constructed, installed, operated, maintained, and repaired at all times by the City at the cost and expense of the City. 3. The City agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation or drainage water in the Hunter Lateral or the District's delivery of irrigation water; C. an increase in seepage or any other Increase in the loss of water from the ditch; d. the subsidence of soil within or adjacent to the easement; e. an interference with the District's use of its easement to access, operate, clean, maintain, and repair the 1-lunter Lateral; AGREEMEN'r - 2 any other damage to the District's easement and irrigation or drainage works. 4. The City agrees to hold harmless, and defend the District from all claims for damages arising out of any of the City's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 3.a. through 31, or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 5. The City shall, upon demand of the District, remove any facility or repair any alteration of the District's easement which interferes with the District's operation and maintenance of the Hunter Lateral, or causes or contributes to any of the circumstances enumerated in the preceding paragraph, 3.a. through 31 The District shall give reasonable notice to the City, and shall allow the City a reasonable period of time to perform such maintenance, repair, and other work, except that in cases of emergency the District shall attempt to give such notice as is reasonable under the circumstances. The City shall respond within 24 hours to begin repair or remediate any interference with the District's operation and maintenance of the Hunter Lateral. The District reserves the right to perform any and all work which the City fails or refuses to perform within a reasonable period of time after demand by the District. All work performed shall be performed in manner required by Idaho law, including but not limited to the use of licensed public works contractors and engineers and the performance standards as required by law and ordinance. The City agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. Nothing in this paragraph shall create or support any claim of any kind by the City or any third party against the District for failure to exercise the options stated in this paragraph, and the City shall hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph, except for claims arising from any work which unreasonably exposes the District's employees and agents to the risk of harm from electric power lines, or arising solely out of the negligence or fault of the District. D. District's Rights Are Paramount 1. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation or drainage works and system of the District by this Agreement, nor to grant any rights in its irrigation or drainage works and system incompatible with the uses to which such irrigation or drainage works and system are devoted and dedicated and that this Agreement shall be at all times construed according to such principles. 2. Nothing herein contained shall be construed to impair the Hunter Lateral or the District's easement, and all construction and use of the District's easement by the City and the permission herein provided therefor shall remain inferior and subservient to the rights of the District to the use of the Hunter Lateral for the transmission and delivery of irrigation water or transmission of drainage water. 3. The City agrees that the District shall not be liable for any damages which shall occur to any facility in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of the Hunter Lateral. 4. In the event of the failure, refusal or neglect of the City to comply with all of the terms and conditions of this Agreement, the permission granted to the City under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over the ditch, AGREEMENT - 3 and the right o way therefor which may unreasonably and materially interfere with the maintenance and y operation of such Hunter Lateral by the District with its equipment for the maintenance of the Hunter Lateral shall be promptly removed by the upon demand of the District. E. Applicable Law and Jurisdiction Unaffected. I . Neither the terms of this Agreement, the permission granted by the District to the City, the City's activity which is the subject of this Agreement, nor the parties exercise of any rights or performance of any obligations of this Agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, drains, g Y irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this Agreement. 2. In the event the District is required to comply with any such requirements or is subject to theJ jurisdiction of any such agency as a result of execution of this Agreement or the City's activity authorized hereunder, the City shall hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction and the City shall cease the activity and remove the facility which subjects the District to such requirements. F. Hold Harmless I . In addition to all other indemnification provisions herein, the City further agrees to, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of the City or its agents, contractors or subcontractors in performing the construction and activities authorized by this Agreement. G. Fees and Costs 1, The City agrees to pay to the District fees and costs incurred by the District for work necessary to prepare this Agreement. The amount shall not exceed $500.00 without the additional consent of the City. 2. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this Agreement, whether by institution of suit or not the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. H. Miscellaneous 1. No Claims Created. Nothing in this Agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the City or any third party against the District. 2. Assignment. Neither this Agreement nor any agreement entered pursuant to this Agreement may be assigned or transferred without the prior written approval of the Parties, which approval shall not be unreasonably withheld. AGREEMENT -4 3 . Amendment and Modification. Any amendment or modification of this Agreement must be in writing and signed by all parties to be enforceable. 4. Interpretation. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Idaho. This Agreement is not intended for the benefit of any third party and is not enforceable by any third party. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this Agreement shall remain in full force and effect. The parties represent and warrant to each other that they each have authority to enter this Agreement. The catchlines or section headings herein set forth are provided only for the convenience of the parties in locating various provisions of this Agreement, and are not intended to be aids in interpretation of any provision of this Agreement with respect to which the parties might disagree at some future time, and shall not be considered in any way in interpreting or construing any provision of the Agreement. 5. Binding Effect. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, the easement of the City within the real property described in Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 6. Notices. Any and all notices, demands, consents and approvals required pursuant to this Agreement shall be delivered to the parties as follows: Nampa & Meridian Irrigation District City of Meridian 5525 East Greenhurst 33 E. Broadway Nampa, ID 83686 Meridian, Idaho 83642 Notices shall be deemed to have been delivered upon hand deposit in the United States mail as provided above. 7. Counterparts. This Agreement may be executed and delivered in counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same instrument. IN WITNESS 'WHEREOF, the District has hereunto caused its name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the City has caused its corporate name to be subscribed by its duly authorized officer, all as of the day and year herein first above written. AGREEMENT - 5 NAMPA & MERIDIAN IRRIGATION DISTRICT Ca �iFF%riIQL z Bit "vjV ����y Its President ATTEST: Its Secretary CITY OF MERIDIAN dvl� , KtC-'D A U 0 City of Its Mayor E I f0l A IN 0 ATTEST: SEAL Ile t Its City I rk AGREEMENT -- 6 e�e4a- STATE OF IDAHO ) ss: County of Canyon } On this day of , 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared Clirdon C. Pline and Daren Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district 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. K(J '. a�� o ® ®oma ® i STATE OF IDAHO ,v�',Q ®000®®0®0° -`� 0 0* OF County of o` ) •or°ese�®�ee���e 01 Notary Public or Idaho Residing at , Idaho My Commission Expires: On this day of QQ00 , 2012, before ane, the undersigned, a notary public in and for said state, personally appeared —j— n, e W e e-rA andHn%Mc.&r\ known to me to be the..r andC' I e. K.Y of the CIT OF MERIDIAN, the entity that executed the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, l have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. pease* v- -� j` - ll, ±V ----------- ary Public for '-6 Residing at-- 1.�, My Commission Expires: AlbZC�i C; AGREEMENT - 7 EXHIBIT A Legal Description An easement for an 8" water main, located within NW 1" Street between E. Fairview Avenue and W. Franklin Road, in the NE A of Section 1. 2, Township 3 North, Range 1 West, B.M., Meridian, Ada County, Idaho. AGREEMENT -8 ti , • EXHIBIT C Purpose of Agreement Theu ose of this Agreement is to permit City to construct and install within the City's P easement described herein an 8" PVC water main a minimum of three (3) feet under and across the Hunter Lateral and the District's easement, where the City's easement and NW Is" Street intersect the Hunter Lateral in Meridian, Ada County, Idaho. EXH1B IT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance with Exhibit D-1 attached hereto and by this reference incorporated herein. b. The City shall notify the District prior to and immediately after construction so that he and/or the District's engineer's may inspect and approve the construction. C. The City shall repair any damage to the Hunter Lateral pipeline caused by the construction authorized by this Agreement. The City shall immediately notify the District's Water Superintendent of such damage so that he may approve or verify the adequacy of the repairs. Such P repairs may require replacement of damaged pipe. d. The City represents that the City has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms orP erformance of this agreement broadly construed. The City recognizes its continuing duty comply to with all such requirements that now exist or that may be implemented or imposed in the P Y future. BY executing this agreement the District assumes no responsibility or liability for any impact or upon degradation of water quality or the environment resulting from the discharge or other activity by P � the City which is the subject of this agreement. e. The parties to this agreement recognize this agreement is an accommodation to the City. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed. and exercised by governmental environmental agencies. f. Construction shall not commence before the District ceases delivering water through the Hunter Lateral, and shall be completed prior to March 15, 2013. Time is of the essence. AGREEMENT -9 I m 4A CIVIL SURVEY CONSULTANTS, INC. CONSIMInNO WOMM AM UND SnMOM lood ts" folm Exhibit D-1 . page 1 0 ••••R} 1.4 A X Z y My jai A 14 men om so wL�'° 0 cm oil mcmpfm 5. 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P MW at mm $Tfmxr ft"O"f# DMIMIXIS An "1111) SURMORS 11"91 3orAHD^RD ORTAILS Will 9-xhibit D- 1 page 3 DATE: Auqust i , ITEM NUMBER: l t ]JANWHI]F41 - Police Dept: Presentation of Chief's Commendation Life Saving Awards Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 7- • •11111111111111111111111 111117- • DATE:•2012 ITEM NUMBER: 6 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 DATE: f ,NUMBER: Public Hearing: Proposed Fall 2012 Fee Schedule of the Meridian Parks and Recreation Department Community Item/Presentations Presenter Contact Info./Notes 0A , 1 DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at 3:00 p.m. on Tuesday, August 14th 2012, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding the 2012 Meridian Parks and Recreation Department Fee Schedule, including proposed new fees as set forth below. Further information regarding these fees, as well as the entire Parks & Recreation fee schedule, is available at the Parks & Recreation Department at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, (208) 888-3579. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk no later than 48 hours prior to the public hearing. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public hearing. Holiday Classic Volleyball Tournament Lower -Upper Level (Women's, Co -Ed) Team Fee (3 game guarantee) $85.00 Ballroom Dance Classes $50.00 Beginning Guitar $85.00 Beginning Hula Hoop Class $60.00 Belly dancing $50.00 Beyond Recycling - It's Easy Being Green $6.00 Fun with Voice and Piano for Homeschoolers $85.00 Homeschool Voice, Choir $85.00 Hoop Group $60.00 Ikebana $27.00 Innergy Balance with Jack $15.00 Intermediate Guitar $85.00 Jump Jive Boogie Woogie $37.00 Let's Make Kimchi Together $20.00 Lifetime Love $99.00 Parenting From Your Heart $35.00 Piano and Voice for Kids $85.00 Preschool Fun $49.00 Preschool Fun Plus $58.00 Theatre 101 $45.00 Yoga $40.00 Zumba $55.00-$65.00 DATED this 2nd day of August, 2012. Nhl[41= PUBLISH on August 6"', 2012 and August 13"', 2012. CITY CLERK City of 190 E IDIAN*-- �DA�o SEAL ti FYT6 ��P �0�/6° TREPSU� CITY OF MERIDIAN COUNCILCITY PUBLIC HEARING SIGN-UP SHEET DATE • ' 2012 .• ••• -•Will• - --W V ir:rq; pp PLEASE PRINT NAME FOR AGAINST NEUTRAL yo DATE: Auqust 14, 2012 ITEM NUMBER: 7B Resolution No. / - i : A Resolution Adopting the Fall 2012 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 12-k, BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING FEE SCHEDULE OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice according to the requirements of Idaho Code section 63-131 IA, on August 14, 2012, the City Council of Meridian held a hearing on the adoption of the proposed Fee Schedule of the Meridian Parks and Recreation Department, as set forth in EK)hibit A hereto; and WHEREAS, following such hearing, the City Council, by formal motion, did approve said proposed Fee Schedule of the Meridian. Parks and Recreation Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto, is hereby adopted. Section 2. That the Meridian Parks and Recreation Department is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. 20.12. ADOPTED by the City Council of the City of Meridian, Idaho this 14th day of August, APPROVED by the Mayor of the City of Meridian, Idaho, this 14th day of August, 2012. ATTEST: /5Go44pRpTED AUCLST,row 9 ' City of E IDIANt- IDAHO Iman, City Clerk SEAL tip" APPROVED: Tammy d erd, Mayor ADOP'r'ION of FEE Sc=HEDm.E OF ME RIDIAN PARRS & RECREATION DEI'AIrrAIEN'r PAGE 1 OF t -#= o mu Meridian Parks and recreation 2012 Fee Schedule Denotes fee change/addition/remova Activity Current Fee Proposed Fee Competitive Men's, Women's, Co -Ed Team Fee 10 games + tournament $180.00 Resident Player Fee $10.00 Non -Resident Player Fee $20.00 Late Fee $30.00 Holidav Classic Vollevball!Tournamel] tower -Mid -i! er ,eve Women`s, Co -Ed Team Fee,Q Game Guarantee $85.00 Baske b II Men's Women's Men's Over 40 Team Fee 10 games + tournament $475.00 Resident Player Fee $10.00 Non -Resident Pla er Fee $20.00 Late Fee $50.00 Men's, Women's, Co -Ed Team Fee 10 games + tournament $450.00 Resident Player Fee $10.00 Non -Resident Player Fee $20.00 Late Fee $50.00 Fall Softball Men's, Women's Co -Ed Team Fee 8games) $220.00 Resident Player Fee $10.00 Non -Resident Player Fee $20.00 ASA Fee if team is not already re istered $12.00 Late Fee $50.00 Field Rental for tournament(per hour $5.00 Field Prep for tournaments(per hour $15.00 Summer Fun Girls Softball Tournament $275.00 Used Softballs each $1.00 U10 U12 U14 U16 U18 Team Fee ASA Fee not included $420.00 MPR Fee Schedule 4/6/10 Activity Late Fee(per team Current Fee Proposed Fee $50.00 Qirl'A Fall F it h all U10, U12, U14, U16 U18 Team Fee 8games) $220.00 Resident Player Fee $10.00 Non -Resident Player Fee $20.00 Late Fee(per team 30.00 M n'sFas ich5 f II Men's Fast Pitch Tournament -Team Fee $250.00 Men's Wooden Bat Tournament Team Fee $250.00 Co -Ed, Oen Team Fee 8 games + tournament $150.00 Resident Player Fee $10.00 Non -Resident Player Fee $20.00 Late Fee(per team 30.00 Men's Women's Co -Ed Team Fee 10 games + tournament $375.00 Resident Player Fee $10.00 Non -Resident Player Fee $20.00 Late Fee(per team $50.00 MPR Fee Schedule 4/6/10 Activity Park Reservation Fees: Current Fee Proposed Fee Extra Picnic Tables $3.00 Alcohol Permit 5 hr. time black $20.00 Amus. Equip./Lrg Canopies 5 hr time block per item $10.00 Amplified Sound Permit(per da $20.00 Short Term Concessions Permit(per da Short Term Concessions Permit annual $10.00 $100.00 Baseball/Softball Field Pre er field MPR On-Site Event Staff(per hour $12.50 $20.00 Storey Park Blue & Green Shelter Shelter Rental 1-50 people) $30.00 Shelter Rental 51-100 people) $45.00 Shelter Rental 101-150 people $60.00 Shelter Rental 151-200 people) $75.00 NW Area Full Da Includes Blue Shelter & Grass Area $200.00 Softball Field Rental(per hour $10.00 Softball Field Rental full da $75.00 Softball Field Lights(per hour $15.00 Volleyball E ui ment 5 hr time block blue shelter and $10.00 Tully Park Small Shelter Rental 1-50 people) $30.00 Large Shelter Rental 1-150 people) $60.00 Large Shelter Rental 151-200 people) $75.00 Large Shelter Rental 201-250 people) $90.00 Large Shelter Rental 251-300 people) $105.00 Softball Field Rental(per hour $10.00 Softball Field Rental full da $75.00 Volleyball E ui ment 5 hr time block large shelter and $10.00 Multi-Use Field Rental(per hour $10.00 Multi-Use Field Rental full da $75.00 Chateau Park Shelter Rental 1-30 people) $30.00 Multi-Use Field Rental(per hour $10.00 Multi-Use Field Rental full da $75.00 Settlers Park Shelter Rental 1-50 people) $30.00 Shelter Rental 51-100 people) $45.00 Shelter Rental 101-150 people) $60.00 Shelter Rental 151-200 people) $75.00 East Half Full Da Includes Shelter #1 and Multi-Use Fields $300.00 East Half Full Da Includes Shelter #1 #2 & #3 and Fields $400.00 Multi-Use Field Rental(per hour $10.00 Multi-Use Field Rental full da $75.00 Baseball/Softball Field Rental(per hour $10.00 MPR Fee Schedule 4/6/10 Activity Baseball/Softball Field Rental full da Current Fee Proposed Fee $75.00 Heroes Park Shelter Rental 1-50 people) $30.00 Shelter Rental 51-100 eo le $45.00 Shelter Rental 101-150 people) $60.00 Shelter Rental 151-200 people) $75.00 Shelter Rental 201-250 people) $90.00 Shelter Rental 251-300 eo le $105.00 Entire Park Full Da Includes Shelter and Multi -Use Fields $300.00 Multi -Use Field Rental(per hour $10.00 Multi -Use Field Rental full da $75.00 MPR Fee Schedule 4/6/10 Activity Current Fee Proposed Fee Seasons Park Shelter Rental 1-30 people) $30.00 Multi-Use Field Rental(per hour $10.00 Multi-Use Field Rental full da $75.00 Gordon Harris Park Shelter Rental 1-50 people) $30.00 Shelter Rental 51-100 people) $45.00 Multi-Use Field Rental(per hour $10.00 Multi-Use Field Rental full da 75.00 Bear Creek Park Shelter Rental 1-50 people) $30.00 Shelter Rental 51-100 eo lee $45.00 Softball Field Rental(per hour $10.00 Multi-Use Field Rental(per hour $10.00 Multi-Use Field Rental full da $75.00 Champion Park Shelter Rental 1-30 people) $30.00 Multi-Use Field Rental er hour $10.00 Multi-Use Field Rental full da $75.00 Renaissance Park Shelter Rental J1-30 eo le $30.00 Multi-Use Field Rental(per hour $10.00 Multi-Use Field Rental full da 75.00 Jabii Park Multi-Use Field Rental (2er hour $10.00 Multi-Use Field Rental full da $75.00 Hertia a Middle School Bail Fields Softball Field Rental(per hour $10.00 Softball Field Rental full da $75.00 Generations Plaza Stage and Grass Area Rental(per hour $10.00 Stage and Grass Area Rental full da $75.00 Kleiner Park Shelter A-1 and B-1 Rental 1-150 people) Shelter A-1 and B-1 Rental 151-200 people) N/A N/A Shelter A-1 and B-1 Rental 201-250 people) N/A Shelter A-1 and B-1 Rental 251-300 eo le N/A Shelter A-1 and B-1 Rental 301-350 people) N/A Shelter A-1 and B-1 Rental 351-400 people) NIA jShleter B-1 Rental 401-450 people) NIA MPR Fee Schedule 4/6/10 Activity Sheeter B-1 Rental 451-500 people) Current Fee Proposed Fee N/A Shelter A-2 A-3 and A-4 Rental 1-50 people) N/A Shelter A-2 A-3 and A-4 Rental 51-100 people) N/A Special Event Full Day (Includes Shelter A-1 and grass area. Up to 1,000 people) N/A Special Event Full Day (Includes Shelter A-1, A-2 and grass area. 1,000-2,000 people) N/A Special Event Full Day (Includes Shelter A-1, A-2, A-3, A-4 and grass area. 2,000-3,000 people) N/A Special Event Full Day (Includes Shelter A-1, A-2, A-3, A-4, B-1 N/A Bandshell (Up to 400 people) NIA Bandshell & Shelters A-2 and A-3 400-1000 people) N/A Bandshell & Shelters A-1, A-2, A-3 and A-4 1000-2000 people) N/A Shelter A-1 and B-1 BBQ Grills N/A Shelter A-1 and B-1 BBQ Grills Full Da N/A ecial Events Meridian Barn Sour 1 Mile Fun Run 6k/10k Run $10.00 $20.00 1 Mile Fun Run Late Registration $15.00 600k Run Late Registration $25.00 Boise Hawks FamflZ Night $10.00 Meridian Christmas Street Faire Vendor Fee 10'x10' or smaller $25.00 Vendor Fee (larger than 10'x10' $50.00 MPR Fee Schedule 4/6/10 Activity Cam s Current Fee Proposed Fee Teen Belly Dance Camp $60.00 Camp Mer -IDA -Teen Spring Break Full Da $88.00 Camp Mer -IDA -Teen Spring Break Half Da $68.00 Camp Mer -IDA -Teen Winter Edition 10 Dpay Session Full Da $166.00 Camp Mer -IDA -Teen Winter Edition 10 Day Session Half Da $146.00 Camp Mer -IDA -Teen Winter Edition 8 Day Session Full Day 134.00 Camp Mer -IDA -Teen Winter Edition 8 Day Session Full Dpay 114.00 Camp MerldaMoo Winter Edition 10 Day Session Full Da $160.00 Camp MerldaMoo Winter Edition 10 Dgy Session Half Da $140.00 Camp MerldaMoo Winter Edition 8 Dgy Session Full Da $128.00 Camp MerldaMoo Winter Edition 8 Day Session Half Da $108.00 Cam2 MerldaMoo 1 wk 7:30-5:00 $94.00 Camp MerldaMoo 1 wk 9:00-3:00 $74.00 Sports Cams $39.00 Outdoor Adventure Cam $160.00 Winter Adventure Cam $96.00 Christmas Art Cam $45.00 Whitewater Sampler Cam $395.00 K2yak Skills Development Cam $495.00 Jump Rope Cam $39.00 Camp MerldaMoo Winter Edition 7:30-5:30 75.00 Camp MerldaMoo Winter Edition 9:00-3:00 65.00 ,Camp MerldaMoo Spring Break 7:30-5:30 $84.00 CamD MerldaMoo Spring Break 9:00-3:00 64.00 Bogus Basin Mountain Discover Cam $140.00 Babysitting Boot Cam $40.00 Belly Dance Cam $60.00 Younq Mozart Violin Cam $45.00 Young Beethoven Violin Cam $55.00 Space Music Camp $135.00 aglivity G i e Clagggg 1,000 Hands Buddha QiGong 50.00 Adult Aerobic and Dance Class $35.00 Adult CPR/AED $50.00 Adult Golf $60.00 Adult Tennis 32.00 Adult Watercolor 49.00 Amazing Athletes $36.00 Art Academy Saturday Class $45.00 Awash in Watercolor $149.00 Baby Si ns -Sin Say and Pia 44.00 Ballet $30.00-$45.00 Ballroom Dance Classes $30.00 $50.00 Beginner Banjo 185.00 Beginner Ukulele $85.00 MPR Fee Schedule 4/6/10 Activity Current Fee proposed Fee Beginning, Guitar $50.00 $85.00 136glnning Hula Hoo Class'$60.00 Beginning Jewlery Making -Youth $47.00 Beginning Modeling $65.00 Beginning Piano $100.00 Beginning Sewing $49.00 Beginning Violin $85.00 Bellydancin 47.50 ` $50:00' Beyond Recycling - It's Easy Being Green $6.00 Building Blocks Lego Class $45.00-$85.00 Capturing the Light in Floral Still Life $65.00 Christmas Crafts Preschool Class $24.00 Communicating Love Classes $120.00 Complying with Contractor Registration law $15.00 Composition in Landscape $75,00 Creative Beading & Jewelry Making 56.00 Creative Childrens Dance:Ballet $38.00 Crochet Basics $20.00 Dance and Tumbling $20.00-$35.00 Drawing Floral Arrangements $65.00 Drawinq for Comic Books $45.00 Drawing for Painters $75.00 Beginning Drums $85.00 Dynamics Of Light Filled Landscape Painting $99.00 Empathy Practice Group $10.00 Essential Oils Class $10.00 Estate Plan nin -Considerations for Minor Children $15.00 Estate Planning -Do you need a trust? $15.00 Exploring Art for Youth $120.00 Fall Recovery $60.00 Family Fun Art $6.00 Family Rafting Trip $40.00 Famil y S P anlsh $35.00 MPR Fee Schedule 4/6/10 MPR Fee Schedule 4/6/10 D'TE: August 14, 2012 PROJECT ' ITEM TITLE: Larkspur Sub No. 4 Request for Reconsideration: Larkspur Subdivision No. 4 FP 12-014 by Gus Porter, Sawtooth Land Surveying, LLC 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 Auquist 14, 2012NUMBER: ►Tii11it11014 Economic Development: Strategic Plan Update 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 Econom'c Development Plan Update August 14, 2012 Presentation Overview L Goals & Objectives Accomplishments Next Steps Measurable Outcomes Timeline III. Conclusion & Highlights IV. Questions f } a Economic Excellence nd Obiectives R evitalize a Comprehensive and Directional Business Retention & Expansion Program (BR&E) Develop Industries in the CORE and Lay Foundation for Future Clusters Foster Entrepreneur ial & Technological Innovation Attract New iversl le Businesses Demonstrate to businesses that the community appreciates their contribution to tel cal economy Facilitate the expansion of growi i s and assist them in usinry programs i e at helpingthem ec e more competitive taste, attract and maintaina competitive workforce through identified nee s Proactively identify and resolve issues before they reach a critical stage Develop re strategic plans & workforce development based on business activi mess Retention & Expansion Program hed Tasks Develop` & maintain an up-to-date invent® of existing businesses categorized by industry *& maintain contact management Finalize BR&E Survey that will capture; workforce development needs, potential targets such as supply chains Identify ` assn ors' to represent Meridian Video & Marketing Review City procedures Analyze Interviews and determine target markets based on evidence Business Retention Measurable Outcomes We are hitting approximately 2 /® ®f L u� uz1 eSseS 111 t Laid; L S leS. Healthcare, Advanced Manufacturing, Technology Industries Meridian: t Specifically in Healthcare (Nursing, Technicians) Increase in Healthcarei Nursing, Home Health), ; s/I I #` t a1 Customer DIndustries ements Retain and strengthen existing business cluster growth of potential emerging cl stens Target industries that provide income stability diversify the economic base pi i focus on increasing creasi g Value -a e activity Explore potential partnering opportunities uring BR&E Visits for the purpose of identifying otential collaborations Create meaningful engagements between private companies, public sector all higher education t CORE Activities d fi t i1> t (Last Membership Campaign and Business visits Created a loan fund of angel investors targeted towards health sciences and technologies Identify potential partnerships through business retention surveys = 4 retention visits became members Develop collaborative training programs directed towards businesses in the CORE* and throughout t o valley (i.e. Governor's Summit) 4 Based ;• i € FO`s/' i I results, `,dI and itd i F/s t gInew industry I clusters i ! technicians & Medical 1 /[ Companies) •tI � E � ;�H. �l. k'r��`�`�, s �,, .fir �� .I� � :fit �� ,I� x i ( �" q ��,� �.' �" .�:� ,I� � E � 3} $2 � � � � e� �T,MT,� Build leadership committed to providing mentoring services � �' &�, dig u tt � s u � t:, � i �,l �•1 '. � 3, (•1 Nuccessful completion the Small Business and EntrepreneurialCenter (open y Spring 2012) *Made that Date— September 9, 2011 Number of entrepreneurs. 2 Businesses at ETC Assisted Start-up Companies 111 Meridian Number -of Seminars and Workshops conducted r r ° 106 Seminars & Workshops Served Over 400 businesses 111 the Treasure Valley S ��kti�. '�tim. °'Etl�. � �. � � �� '�ji,:.. Yak 3�1� � ,31. Distributed ar etin information about Meridian to 3 8 site selectors an commercial relocation consultants Contacted and followed n 42 Biotech Leads Continue to Align efforts with BVEP, IDOC, CORE Attended the 2012 International Biotech Conference & Shot Show Accomplished 'Next Developed- a new c sitc designed specifically for economic development and business resources; www.opportunitymeridian.org 0 Marketing Material Di,,v ,inc ahome �he.�e com eas�,`Iv be a reaH�,4 th And, in e rxrds of T,,[ierldian business owners._. Homy Panahi Your reality. -I :qc1c I'R 'Ot:'r r -le -r iY c b's-lins. ?K),IS:f SO a dz to 1.1n, -fl 1.,aia" "'Nm I— f=l ic —ad .1 'mr .'-" law " h." irb nJ r,'r our 'ipt "Im- :h,Vvd'31 WI t !?Ir '.c bu- "nds. *at cc'l:'B'v is z I ccsig'w. .:ipe-, all nariiilact� e r! F-„ lw wrf tF, xt 3113", it".t i'c tla.zlxSa _'J' 17-1 T'lr amdp%_ t'lj'txv r: a ',ticsl tart tr Du- sjt�css =1 ;t -.rL y S 't,c t",i, oft hfI'-;')( tcm. , n: -,c for my hU, 1153 "" .I, cja 'c .,irl 3'isc 5:Is 'mj '$ .'.' 71, Biu "I-Ot' -p" i I i"1- fV. [..s4. -u =po clh":rpc_ C-1 :has c"'irc, , 'f�" "!C 0 'p..' oa Cvcsl 1�' ax',_ bml _Itl' '.1wv 111� t_=' tlwi: . tm FI -11, uelml ,4kavTM-zk 'rh3ui:zm'F r r *Z'f ^sa;d tit" as li� nla�s' va"* i, 'rd i'm amJiL'I" 10-6-M. 3, r,! C TI 3nCC1OWT7,, r MrS, t D SLLUr ban hen cs to SP3 Ci 0 US _-ZrC32:c, -ca] csixi: in E Icn n rcm ins highly affr:i rdable vim U,nntsing coms that arc ^wcr itx i tr oil,r rompara,',':' Oti(', .1ml :Iwl m,.Oian finme i,.,a is jti5r io "'Carl. crjr)_rc19 9.i_1 vlmss na".irxlwide. Tne r-,icdi.,n prkc of 10m,,t'w. noun ',s just Si83,6ra cornrari,;ver?, favotaJh, ,,Am :'ie natnaf mrd.xi of 5202jC,%AAd the fac: that Mcrjdiaa'a of IMq T .11 dow averapr% -.ql ym, mil 1,keiv fine itix jou lave opilitis emaedtA �,Oji wi:e-� r?xrJ7:1!adms propmv m", fres 4%,P �doiv itle navondt iii -id ptan Ica kitj-sr?,jes"s zts a7flum zru to dtauo,erzSiErrS orLc yru ljctr_ Pian for house anests, t)` as kdlahn's mtcnniiona:i a!1U;T" Is -urc To dra%?v vjs�[,ors c' nce ,, you 11ve hve. isiness Attraction & Recruitment ale Outcomes Created a database of targetedindustries # of leads obtained om target sector events & trade shows 42 leads from International Biotech 27 leads from Shot Show Business relocated due to follow-up from efforts, incl ink number o jo s 2 Companies relocate due to follow-up i V independent bro er Over 2 - 400 jobs in the next 3 years depending on growth Site -visits by new businesses e r®gra will allow us to create and maintaina database of pertinent information about our business community. "Goals of the Program & Benefits to the City: Develop a better way to communicate events, future developments and important ews to businesses It puts into place a record of value that our community considers important if a business is going to operate and be successful It e sures that product safety has been met, building codes zoning adhered too — creates a safe community for our residents and emergency res o ers Gives us a snapshot of growing industries in our community that will better serve our future economic development efforts .Above all, Meridian celebrates its businesses by promoting a 'buy local' partnership and encourages purchasing goods and services from our own business community !Benefits oft e Program for the Company: City of Meridian (Business) Mobile Phone Application & web D ire ctory Gives customers location & directions to business Provides details about a company: service/product, hours of operation, contact information, years in business, accolades Offers customers featured or on the spot discounts Advertise specials Engage loyal customers from home and by mobile devices. Increased Awareness of Business -unities expectation on the steps a st I, o begin I, business operation hnsures ,' an situation Implementing t e Program: st Year Free Registration withar eti g that will express that the programi e mandatory the following year. Registration on-line or by person Every business owner that is required to register with the State of Idahoand are engaged in business activities within the City of Meridian are required to register — inci g e- ase businesses Nonprofit organizations must register but are not required to pay a fee Approximately 1250 Hours to complete the registration in the City Clerks Office & 42.86 Weeks Collect $60,000 in revenues (54,610.00) Fully Loaded Salary $6,000 Postage Total Cost to City $11,390 Comments or Questions.? how, T:August 14, 2012 IT : $ PROJECT ITEM TITLE: Community Development: Transportation Update on Projects, Priorities and Studies - Includes Discussion on Meridian Road Interchange; Franklin, Ten Mile to Black Cat Roadway Project; and Other Transportation -Related News 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 August 9, 2012 TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Manager RE: Transportation Update, Summer 2012 August 14, 2012 City Council Workshop Agenda Item Below is a summary/update on some of the transportation and roadway projects City Staff has been involved with over the past couple months. This is not an exhaustive list, but rather highlights some of the more important activities that have recently transpired (or are about to transpire) in the transportation realm. Staff will be at your August 14th workshop to discuss some of these items in more detail, but Staff does not intend on mentioning all of these projects during the meeting. Instead, please feel free to contact staff should you have any comments, concerns, or questions on any of these topics before, during, or after the workshop. Ten Mile/Ustick Intersection: This intersection project will widen the intersection to inlcude six lanes on the south, west and east approaches; the north approach will include five lanes. All approaches to include a left and right turn lane. This project is currently under construction. Construction crews are working generally between the hours of 8 a.m. and 6 p.m. on weekdays, however weekend work is possible. The majority of work will occur outside of the travel lanes, however short-term lane restrictions will be necessary at times when crews place pipe across the road. Other impacts may include, but are not limited to, general construction noise, equipment back up alarms, flaggers directing traffic and large equipment moving through the area. The intersection project should be complete in September 2012. The roadway widening project, between Cherry and Ustick, will be constructed in 2014. Pine/Linder Intersection: Construction of the Pine and Linder intersection project began in early February 2012 and was completed about a month and a half ahead of schedule; Community Development Department ® 33 B. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 ® FaX 208-888-6854 . www,nieridiancity.org Page 2 late July. This intersection rebuild project installed a traffic signal with left turn lanes, and an additional lane in each direction on Linder Rd. Curb, gutter, sidewalk and bike lanes were added. In addition, a pedestrian crossing signal, called a High-intensity Activated crossWalK, or HAWK, was installed on Linder just north of the intersection. The new pedestrian crossing beacon will serve students walking or biking to the nearby Meridian High School and other pedestrians in the area. Ustick. Duane near Eagle to Campton (near Cloverdale. Widening this section of roadway, from two to five lanes, will help accommodate future traffic volumes, improve connectivity and increase safety on this section of Ustick. Construction began on February 6, 2012 and is anticipated to be complete in September 2012. The project will be built alongside the Cloverdale and Ustick intersection project. Eaale/Amity Roundabout: ACHD has designed a single -lane roundabout (RAB) for the Eagle/Amity intersection. This single -lane RAB is expected to last for approximately 10-15 years, depending on growth, before needing expansion to a dual -lane RAB. There are no pedestrian, bicycle or aesthetic features (landscaping) being constructed with this project. Construction is scheduled for August 2012 — November 2012. Main Street Rehabilitation: This downtown project is removing the current road surface and re -building Main Street between Franklin Road and Fairview Avenue. Construction began in July and will last through August, before work on Phase 2 of the Meridian Road and Main Street Split Corridor begins, which is anticipated for Fall 2012. The roadway is failing and must be upgraded with a new road bed and asphalt. Replacing the road will improve its quality and longevity. Process: grind down existing asphalt surface; remove and replace a portion of the road bed; add a new layer of asphalt; and, update curb ramps to comply with Americans with Disabilities Act (ADA) standards. Most of the road work is being done at night. Meridian Road and Main Street Split Corridor: About 95% of the right-of-way needed for this project has now been acquired, as have most of the interim access easements. The City, ACHD and MDC have established a business outreach and marketing strategy for this project. Also on the agenda for the August 14th Council workshop is the Cost Share Agreement for this project. The Arts Commission has released an RFP/RFQ for artists to improve the remnant parcels located in the cross-over area and at the north curve at Fairview/Main. ACHD and City staffs are still looking into parking and access issues for City Hall while Meridian Road is closed. This project is planned to begin in October 2012, and Meridian Road may be closed for a year. NOTE: The railroad's contractor may do the crossing work earlier than October; we don't have much control over when that work gets done. We are trying to make sure that the Main Street Rehab (see above) and the railroad crossing work don't overlap. PROGRAMMING, BUDGETS AND IMPFACT FEES ACHD FY 2013 and 2014 Capital Budget: During the July 16th ACHD CICAC (Capital Investments Citizen Advisory Commission) meeting, ACHD staff shared the draft 2013/2014 ACHD Capital Budget (the spreadsheet is too large to include in this memo, hard copies will be provided during the workshop.) Some over -arching themes from the $89.2 million budget include: Capital maintenance costs continue to increase; the Safe Page 3 Sidewalk Program is now part of the Capital budget; and there is funding for "Economic Development" and "Stormwater Pilot Projects" in the draft budget. Some of the FYWP impacts to projects in Meridian include: • advancing CN of the Linder, Cherry to Sandalwood sidewalk project from 2014 to 2013; • advancing CN of the Pine, New Haven to Rotan pedestrian project from 2015 to 2014; • advancing CN of the W. 4th, Washington/Carlton curb, gutter and sidewalk project from 2014 to 2013; • advancing CN the Ten Mile/Amity interim intersection project from PD to 2013/2014; • advancing CN the Ten Mile/McMillan intersection project into 2013 (a developer co-op project); • advancing ROW for the Ten Mile, Cherry to Ustick project from 2014 to 2013; • advancing the ROW for the Ustick/Meridian intersection from 2015 to 2014; and • advancing the DSN of the Ustick, Meridian/Locust Grove from 2015 to 2014. For additional information on the draft Capital Budget, go to: The ACHD Commission has a scheduled public hearing for August 22n0. Does the Council want to provide comment on the draft Capital Budget? i Franklin. Black Cat to Ten Mile Road: This is a Federal Aid project, programmed for construction in FY16 with the Franklin/Black Cat intersection. As part of the scoping of this project, the City requested detached sidewalks, a center median, and lighting. These elements have been included in the project — to this point. As this project goes into design, the City must communicate to ACHD what "non -transportation" elements we would like to have. The City will be responsible for the match (currently 7.34%) for any "non -transportation" components. The high level cost estimate for the lighting that the City would be responsible for is $12,000 to $15,000. Cost estimates for the landscaping have not yet been composed. Staff would like to discuss, and gain Council approval for, including detached sidewalks, center medians and lighting into the design of this project. Meridian Interchange Task Force: The Meridian Interchange Task Force has been meeting monthly (second Thursday). The Task Force will be sending a letter to the ITD Board in support of the draft 2013-2017 ITIP (see below). They are also working towards communicating with ITD District 3 and engaging them on priority elements for the IC design. Draft 2013-207 ITIP and the Meridian Road Interchange: On July 191h, the ITD Board voted to release the draft 2013-2017 ITIP for public comment. Included in the draft document is $16 million dollars for right-of-way, design and construction of a new interchange at Meridian Road and 1-84 in 2013 (the rest of this project, $24 million, is proposed for funding via GARVEE.) The public comment period on the ITIP runs from Page 4 July 301h to August 30th. Staff would like to share a letter with the Mayor and Council during the workshop and ask for signatures so it can be sent to ITD while the comment period is open. Eagle Road Improvements: The first phase of the Eagle Road median project, between Franklin and River Valley, was complete in late July. The second phase, north of River Valley, is currently underway. The project should be complete in the fall. August 14, 2012 Mr. Jerry Whitehead, Chairman Idaho Transportation Department Board 3311 W. State Street Boise, ID 83707 Dear Chairman Whitehead: On behalf of the City of Meridian, please accept this letter in support of the draft 2013- 2017 Idaho Transportation Investment Program (ITIP). Thank you for including the Meridian Road Interchange in the draft ITIP. This highly -anticipated $40 million project will address several issues in our community by improving safety, providing congestion relief and assisting in job creation. We applaud you for having the foresight to include this key gateway project into our downtown in the draft 2013-2017 ITIP. Efficient movement of commuters, goods, and services into and through the area is currently hampered due to the choice point created on I-84 at Meridian Road. A new interchange will allow recent ITD investments in four lanes on I-84 between Nampa and east Boise to be utilized. Further, improvements will improve the traffic flow on Meridian Road where stacking and the pavement condition of the bridge are current problems. As you know, the current Interchange lacks basic safety infrastructure — it does not have sidewalks, bike lanes or safety rail over the interstate. A new interchange at Meridian Road will provide a critical connection for bicyclists, pedestrians and traffic across I-84, connecting the north and south sides of our community. This project will also spur development of underutilized lands adjacent to the interchange, providing public- private partnership opportunities. We admire you for funding this project thereby improving safety, relieving congestion and creating economic development opportunities in the area. The City of Meridian recognizes and appreciates the leadership the ITD Board and staff has shown in putting forth the draft ITIP. We appreciate the vision the board has shown in maximizing transportation investments that bring about economic opportunities and Chairman Whitehead Page 2 long-term viability to our community. But the benefits from the project will not be Meridian's alone; benefits of this project will be felt regionally and beyond. We support you, the rebuild of the Meridian Road Interchange, and the draft 2013-2017 ITIP as proposed. Should you have any questions please do not hesitate to contact me. Sincerely, Tammy de Weerd Mayor Cc: Adam Rush, ITD Public Involvement Coordinator Dave Jones, Engineer, ITD District 3 .00 )k!;:HD Clio ®1 TIAXVI IR -6 Capital Projects -Monthly Status Report, Exec View As of: 7127/2012 to ? E C E IF V ILA Prolog Manager ACHD Page 1 Project Cost Y' Project Name City (from FY -12 Cost PM Concept Design ROW Constr Priority Comment to Complete Design # Rounded to 1k) Pormciot Deisign Fairview Ave Concept Design, Boise, 720,906 Lowe 0% N/A N/A N/A GITY CLERKS 01^ ICE N/A Fairview Avenue Corridor Transition Study - purpose is to develop a long-term strategy to maintain the corridor function specific to land use changes, Linder Road / Orchard St - Phase 11 Meridian transportation investments, and private sector investments. Project Team reconvened in early May 2012 to chart a series of meetings with a Stakeholder _'M_eridmn l Group, Business/Property owners, and the Public. Preparing RFP for early August release jf/jl 7/20/12 �- Y Ustick Rd and Meridian Rd 1,220,000 Bevins N/A 2012 0% PD 17/152 Traffic analysis and concept footprint will begin in July. In-house design will begin in FY 2013. DBB-07/20/12 - NO CHANGE Design 2013 Federal Aid Overlays Various 114,000 Busche N/A 45% N/A 0% NIA Civil Survey is under ITO contract and is working on the design. Concept report being reviewed by ITD. Road segments being designed: cities & Burgeson Street, Federal Way to Apple Street Ada Maple Grove Road, Victory Road to Targee Street county Maple Grove Road, Targee Street to Overland Road (AB 7-20-12) Franklin Rd, Black Cat Rd I Ten Ada, 6,435,800 Bevins N/A 25% 2014 2016 N/A Final concept design signed by ACHD and submitted to ITD for approvI on 7/12/12. This project will be combined into one project with Franklin and Black Mile Rd Meridian Cat intersection. DBB-7/20/12 M Ten Mile Rd, Cherry Lane Ustick M 2,536,539 Busche N/A 95% 2015 N/A moved to FY 13 & FY 14 in FYWP and construction to FY1 5. The Ten Mile / Ustick Intersection has been split from the design of this Rd I IA project, and will be constructed separately. This project will also need major revisions to the storm drain system, and the addition of Fire Station, Hawk andSchool Zone systems. 95% design review meeting held on 7-18. Finish design update before 9/28/12. (AB 7-20-12) Pti4llgn -1n House I I I Linder Rd, Waltman St Pintail Dr I'Meridian 68,000 lHerndon N/A 22% TBD TBD NIA Des ign of this project- will be done by ACHD Design in later part of FY2012. (CEH 07/17/2012) Light of Way Y Franklin Rd, Ten Mile Rd Linder Ada, 4,961,282 Herndon 100% 99% 88% 2013 18/152 Calnon parcel acquisition is still pending. Brighton parcels are being acquired. Project construction scheduled to occur in FY2013, (CEH 07/17/2012) Rd___ Meridian Meridian Rd and Main Street (Ph 2 Meridian 14,312,688 Zaragoza N/A 99% 92% 2013 13/152 Approved cost share agreement. All permits complete, pre-bid package out for review. 7/20/12 of Split Corridor), Franklin Rd to Cherry Ln Pine Ave, New Haven Cove PI N Meridian 347,000 Cutler N/A 99% 0% 2014 68/85 Plans submitted to ROW. jf/rc 7/15/12 Rotan Ave and Ai4rd 2012 Federal Aid Overlays Various 533,447 Busche N/A 100% 0% 0% N/A Design Work complete and PS&E packjage has been delivered to ITD D3, has been approved and is ready for bidding. Construction SLA approved by cities & Commission on 7-18. (7-20-12 AB). Ada Road Segments: Lake Forest Drive, Quamash to E. Surnmersweet Drive county McMillan Rd, Five Mile Rd to N. Mitchell Street McMillan Rd, Ten Mile Rd to Meridian Rd (2 miles) 2012 Federal Aid Overlays Phase 2 Various 210,000 Busche N/A 100% N/A 2012 N/A PS&E package delivered to ITD D3 on 5-16-12.The raod segments to be overlaid with this project are: Linder Rd, McMillan Rd to Ustick Rd; Federal Way. cities & Gowen Rd to Micron Gate 5; Federal Way, Micron Gate 5 to end of Federal Way; 9th St, Front to Idaho; 10th Street, Idaho to State; Linder Rd, Cherry Ada Lane to RR Tracks; University Drive, Capital Blvd to Lincoln Ave. SLA to be approved by Commission on 7-25. county (7-20-12 AB) Broadway, W 04th Street / Meridian Meridian 150,000 Zaragoza N/A 100% N/A 2013 28/87 Design complete, waiting to construct with MSC -2. 7/18/12 Carlton Dr, West 01st St/ Main St East 03rd and Ada St Meridian Meridian 41,000 210,000 Zaragoza Cutler N/A _N/A 100% 0% 0% 2013 2013 3/87 N/A Construction in conjunction with MSC2. Plans complete, constructed with MSC2 ps/rc 7/20/12 rest 04th St, Washington St Meridian 128,443 Zaragoza N/A 100% 100% 2012 N/A Awaiting construction, fall 2012. jf/az 5/21/12 Carlton Ave I I I I I I M1 West 08th St, Pine / Carlton Kerdan 180,161 Zaragoza NIA —100°/ 100°/ 2012 57/87 Project out for bid 7/27/12). Prolog Manager ACHD Page 1 Capital Projects -Monthly Status Report, Exec View Project Managers Name Phone Cell Adam Zaragoza Project Cost AI Busche 208-387-6230 Craig Herndon 208 387 6118 Dorrell Hansen 208 387 6223 Dyan Bevins 208-387-6260 208-914-4886 Project Name City (from FY -12 Cost PM Concept Design ROW Constr Priority Comment to Complete Design # Rounded to 1 k IStfuCtiorl 2012 Local Overlay Projects Various 947,207 Busche N/A 100% 0% 95% N/A Construction in progress: cities & Five Mile Road (McMillan Road to Treeline Street) -Pedestrian Ramp Replacements in progress :'4 Ada Northview Street (Cole Road to Curtis Road) -milling began week of May 29th, paving to follow. 2012 Local Overlay Projects Phase county A B K M 245,000 Busche N/A 100% N/A 0% _ N/A Orchard Street (Gowen Road to Wright Street) -Paving complete, shouldering, lane markings and manhole collars in progress_ (7.20-12 AB) Bids opened 7-9-2012. Project awarded to C&A Paving. Construction to begin 7-30. Road Segments to be Overlaid: E G S Cole Road (Ustick to Mountain View Drive); Orchard Street (Overland Road to Franklin Road); Main Street (Garden Street to 16th Street). (7-20-12 AB) 100% 2012 Local Overlays Projects Various 3,095,936 Busche N/A� N/A 5% N/A Project awarded to C&A Paving. Congtruction started July 17th. Road segments: Phase 2 cities & Milwaukee Street (Franklin Road to Fairview Avenue); Milwaukee Street (Fairview Avenue to Ustick Road); Spectrum Street (Entertainment Avenue to Cole Ada Road); Entertainment Avenue (Spectrum Street to Overland Road); Overland Road (Entertainment Avenue to Cole Road). (AB 7-20-12) co u my 2012 Local Overlays Projects Various 2,102,397 Busche N/A 100% N/A 0°% N/A Project awarded to Knife River. Construction to begin 7-30-2012. Road segments: Fairview Ave, Garden St to 16th St; Shoreline Dr., 13th St to Main St, Phase 3 (name change) cities & Americana Blvd, Shoreline St to Front St; 15th St, Americana Blvd to Front St. (7-20-12 AB) Ada Amity Rd and Eagle Rd county Ada, 1,199,602 Cutler N/A 99% 95% 2012 N/A Project awarded to Nampa Paving, construction to start on August 1, 2012. jf/rc 7/19/12 Meridian Fairview Avenue, Records Avenue Meridian Nicholson N/A N/A N/A 90% N/A ROWDS project, construction underway, scheduled to be complete July 20th.. jf/tn 7/20/12 to 1200 feet west of Eagle Road Franklin Rd, Touchmark Rd / Five Boise, 666,904 Bevins N/A 100% 99% 75% 25/152 Excavation to subgrade and storm sewer installation is on-going on the south side of the west leg. Traffic was swapped onto the new pavement on the Mile Rd (Phase II) Meridian south side of the east leg on July 1. Excavation started on the north side of the east leg on July 2. Meridian Water work was completed on July 17. Utility relocations are continuing. DBB-07/20/12 Main St, Cherry Lane / Franklin Rd Meridian 1,272,039 Busche N/A 100% 0% 0% N/A Project has been awarded to Idaho Sand & Gravel. Construction has been scheduled to begin on July 23rd. (AB 7-20/12) (Meridian) Pine Ave and Linder Rd Meridian 4,008,426 Busche N/A 100% 100% 85% 4/152 Curb, gutter and sidewalk are complete. Paving to be completed by 7-20. Signal poles to be installed by 7-20. Signal activation scheduled for 7-26-2012. SH 55 (Eagle Rd), Fairview / SH 44 Boise, -- — Herndon N/A N/A 0% 30°% N/A (7-20-12 AB/jf) ACHD will supply traffic equipment and ITD will reimburse 100% of the cost of equipment. Reimbursement from ITD has been received. Materials are Eagle, being provided to ITD. (CEH 07/17/2012) Meridian Ustick Rd and Ten Mile Rd Meridian 2,352,230 Busche N/A 100% 89°% 40% 14/152 Utility relocations are still underway. Closed north leg until August 13,the detour around the closure is less than a quarter mile. Excavating and placing base material on west side of the south leg and the south side of the west leg of the intersection. Installing storm drain. (AB 7-20-2012) 86°% Ustick Rd, Duane Dr / Campton Boise, 1,963,900 Herndon 100% 100% 20% 25/152 New signal is 90% complete. Excavation is complete on the Ustick legs on the south side. Base material is almost complete. Storm drain work is 95% Way Meridian complete on Ustick. Concrete paving occurred on Saturday (7/14) on the east leg of Ustick on the south side. Utility relocations are continuing. (CEH 07/17/2012) Substantially Complete Locust Grove Rd and Victory Rd Ada, (Meridian 966,500 Busche I I N/A ( 100 o /o I N/A 90% 1 /152 _ - Utility relocations are complete at Locust Grove and Victory. Road widening is nearly complete. ACHD signal crews have installed signal poles. (interim signal) - Substantial ly complete (AB 7/20/2012) _ —� - —g�. — --- -- — Project Managers Name Phone Cell Adam Zaragoza 208-387-6249 AI Busche 208-387-6230 Craig Herndon 208 387 6118 Dorrell Hansen 208 387 6223 Dyan Bevins 208-387-6260 208-914-4886 Hugo Fregoso 208 387 6252 208-484-8004 Joe Fletcher 208 387 6253 Ryan Cutler 208-387-6202 Yellow/Y = Y -Issues Prolog Manager ACHD Page 2 f Stirr (�� � ppj FY13-14 Budget �t5fV4c1 r > (((111 UUU. W S" f ` iN A� rNA / n �l`'K" Iti? iA/1t1uV� ISUu � f P LKB 7/16/2012 1:05 PM FY13 V 14 Pro"ect # Pro•ect Name 700 705 705R 70f 702 703 A04 746 705C 730 706 524 ITotal % oftotal CS FA 700 705 705R 701 702 703 704 740 705C 730 706 524. Total % of total CS FA Concept Studies 1 Misc Concept Design 150,000 150,000 2 611026 State St and Veterans Memorial Parkway 82,500 82,500 3 TOTAL 232,500 232,500 0.56% 4 5 Bridges 6 2013 Bride Safe /Maintenance Projects (LOE) 200,000 200,000 7 2014 Bridge Safe /Maintenance Projects (LOE) 8 Amity Rd Bridge #300 9 211001 Amity Rd Bridge #301; 1/2 mile E of McDermott Rd in-house 1,000 18,000 19,000 150,000 225,000 5,000 150,000 230,000 10 212009 Amity Rd Bridge #302; 700' E of McDermott Rd 10,000 10,000 250,000 10,000 260,000 11 Capital Blvd Bride Rehab 500,000 500,000 12 201035 Cloverdale Rd Bride #344; 1800' N of Deer Flat Rd 810,000 50,000 40,000 900,000 13 Ea Ie Rd Bridge #35; 1/4 mile N of Floating Feather Rd 14 Ed ewood Lane Bride 15 211006 Hubbard Rd Bridge #345 in-house 1,150,000 40,000 1,190,000 85,000 1,500 86,500 16 212033 Main St Bridge #544 17 211021 State St Bridge #458 18 205059 Victory Rd Bridge #296, 1/4 mile E of Locust Grove 19 TOTAL in-house in-house 1 1,000 1,500 1,500 28,000 180,000 2,030,000 3,000 43,000 183,000 1,500 2,103,500 1,000 6,000 50,000 I 1,000 3,000 16,000 5.06% 85,000 3,500 9,000 66,000 1,435,000 55,000 40,000 57,000 20,000 1,703,500 4.94% 20 21 Community Programs 22 Core 23 509012 36th St, Chinden Blvd/ Waterfront 750,000 10,000 760,000 300,000 24 811004.002 50th St, Chinden Blvd / Greenbelt 5,000 1,500 3,000 60,000 80,000 3,000 152,500 25 811004.006 Arney Lane, Riverside Dr / State St 62,000 4,000 2,000 68,000 26 810013.016 Boise Ave, Holcomb Road/ Eckert Road 75,000 200,000 6,000 280,000 700,000 1 20,000 25,000 745,000 27 809024.006 Carlton Dr, West 01stSt/Main St 25,000 1,000 15,000 41,000 28 812012.002 East 3rd and Ada St 1,000 145,000 4,000 35,000 185,000 29F811004.007 Floating Feather Rd, Chaucer Way/ Ballantyne Ln 10,000 17,000 27,000 30 811004.008 Floating Feather Rd, Meridian Rd / Chaucer Way 31 812012.011 Horseshoe Bend, Aspen Glen / W Lakeland Dr 32 810013.012 Main Street, South of SH 44 /Star in-house 15,000 10,000 50,000 35,000 65,000 45,000 425,000 15,000 55,000 495,000 33 812012.004 Maple Grove Rd, Ma leview Dr / S rin hurst Or 10,000 21,000 31,000 210,000 5,000 215,000 34 812012.005 Ma le Grove Rd, Northview St/ Ustick St 10,000 31,000 41,000 1 175,000 5,000 180,000 35 809024.013 Orchard St, Targee St/Spaulding St 5,000 2,000 85,000 92,000 36 809024.003 State St Pedestrian Improvements), Collister Or /Veterans Memoi 40,000 40,000 37 712001 State St, Glenwood St / Collister Ped Improvements 432,000 432,000 400,300 38 809024.011 Sunset Ave, 38th Street/ 34th Street 15,000 282,000 5,000 2,000 304,000 - 39 809024.012 Washington, N West 04th / Main 155,000 9,000 20,000 184,000 40 Subtotal Core Community Programs 437,000 6,500 60,000 375,000 15,000 1,739,000 31,000 49,000 35,000 2,747500 6.61% 1,510,000 45,000 80,000 1,635,000 4.74% 41 42 2013 Bikeway Pro'ects 50,000 50,000 43 . 2014 Bikeway Projects - 50,OOD 50,000 44 813006 2013 Safe Sidewalk Program - 700,000 700,000 1 9 45 2014 Safe Sidewalk Program 800,000 800,000 46 Subtotal Bikeway & Sidewalk Projects 750,000 750,000 1.81% 850,000 850,000 2.47 116 47 Total Core Community Programs 437,000 6,500 60,000 375,000 15,000 2,489,000 31,000 49,000 35,000 3,497,500 8.42% 2,360,000 45,000 80,000 2,485,000 7.21 48 49 VRF 50 609028.001 04th Street, Linder Rd / Kay St 75,000 75,000 51 712034 Bergeson St, Morning Wind Ave Ped Crossing (Liberty Element a 2,000 36,000 2,000 1,000 10,000 51,000 46,300 52 611003.009 Broadway, W 04th Street/Meridian 140,000 10,000 150,000 53 809028.007 Curtis Rd, Overland Rd / Franklin Rd 320,000 17,000 4,000 341,000 54 811003.002 Ea le Rd , Zaldia Ln / Victory Rd 10,000 30,000 40,000 55 811003.013 West 8th, Pine / Carlton 50,000 50,000 56 811003.020 Goddard St, Christine St /Milwaukee St 15,000 50,000 65,000 340,000 10,000 350,000 57 812011.001 Hawthorn Attendance Area - Pedestrian Improvements 10,000 10,000 6,000 6,000 58 612011.003 Hillcrest Attendance Area - Pedestrian Improvements 20,000 20,000 59 811003.019 Linder Rd, Cherry Ln / Sandalwood Dr 4,000 40,000 3,000 3,000 50,000 60 612011.006 Linder Rd, Waltman St/ Pintail Or 1 1,000 3,000 10,000 14,000 48,000 2,0004,000 54,000 61 812011.004 Maple Grove Rd and Northview Pedestrian Signal 2,000 2,000 99,000 4,000 50,000 153,000 62 812011.002 Ma le Grove Rd, Garverdale Dr / Northview St 20,000 20,000 229,000 5,000 234,000 63 811004.010 Mountain View Dr, Cole Rd / Ustick Rd 6,000 6,000 64 809028.016 Pierce Park Lane, State St/ Hill Rd 12,OD0 80,000 1,300,000 25,000 25,000 1,442,000 65 612011.005 Pine Ave, New Haven Cove PI/ N Rotan Ave 15,000 15,000 332,000 332,000 66 B10019.007 Roosevelt St, Overland Rd / Cassia 60,000 60,000 750,000 22,000 15,000 787,000 - 67 811003.001 Roosevelt, Nez Perce/Overland 1,000 1,000 90,000 3,000 95,000 68 812012.008 Spaulding St, Eagleson Rd / Phillopi St 2,000 2,000 48,000 48,000 69 811003.015 West 04th St, Washington St / Carlton Ave 100,000 2,000 102,000 70 Total VRF CommunityPrograms 16,000 1,000 19,000 200,000 80,000 2,145,000 48,000 44,000 2553,000 6.15% 8,000 1882,000 51,000 20,000 60,000 2,021,000 5.86 71 72 Total Community Programs(w/out Bikeway & Sidewalks 453,000 7,500 79,000 575,000 95,000 3,884,060 79 000 93,000 35,000 5,300,500 12.76% 8,000 3,392,000 96,000 1100,000 1 60,000 3,656 000 10.61 73 74 TOTAL 453,000 7,500 79,000 575,000 95,000 4,634,000 79,000 93,000 35,000 6,050,500 14.57% 8,000 4,242,000 96,000 100,000 60,000 4,506,000 13.07 76 Intersections 77 Intersection Rebuilds 78 302044 36th Street and Hill Rd and Catalpa Dr 310,000 310,000 79 310009 Cloverdale Rd and Ustick Rd 157,000 157,000 80 Cole and Franklin 81 312026 Eagle Rd SH 55 and McMillan Rd 82 Fairview Ave and Cole Rd 83 Linder/Deer Flat 240,000 in-house 9,000 249,000 700,000 129,000 75,000 70,000 265,000 - 700,000 75,000 70,000 265,000 241,000 84 305031 Maple Grove Rd and Franklin Rd 295,000 295,000 85 612028 SH 44 State St and Linder Rd 2,000,000 1 2,000,000 86 307012SH 44 / State St / Ballantyne Ln Realignment 7,400 87 State St and Collister Dr 540,000 540,000 491,100 92,700 88 607050 Ten Mile Rd and McMillan 52,000 52,000 89 310017 Ustick Rd and Locust Grove Rd 10,000 7,000 400,000 417,000 10,000 850,000 10,000 55,000 20,000 945,000 LKB 7/16/2012 1:05 PM p ow C t-\ FY13-14 Budget- Draft LKB 7/16/2012 1:05 PM FY13 FY14 Project # Project Name 700 705 705R 701 1702 1703 704 740 705C 730 706 524 Total % oftotal CS FA 700 705 705R 701 702 703 704 740 705C 730 706 524 Total % of total CS FA 90 712017 91 Ustick Rd and Meridian Rd in house design- FY 13 55,000 55,000 500,000 500,000 92 New Signalized Intersections/Roundabouts 93 511030 Amity Rd and Eagle Rd 245,000 245,000 94 711024 Franklin Rd and Black Cat Rd 95 308004 Ten Mile Rd and Amity Rd 1,500 8,000 9,500 14,500 14,500 96 TOTAL 845,000 7,000 1,500 17,000 400,000 2,697,000 52,000 4,019,500 9.68% 1,355,000 575,000 850,000 24,500 55,000 20,000 2,879,500 8.35% 97 98 Development 1 " 99 513004 ' 2013 Corridor Preservation - IF 500,000 ,500,000-` 1,000,000 100 613003 2013 Developer's Cooperative 3013,000 300,000 101 513005 2013 Non IF Corridor Preservation 250,000 250,000 102 2014 Corridor Preservation - IF 500,000 500,000 1,000,000 103 2014 Developer's Cooperative 300,000 300,000 104 2014 Non IF Corridor Preservation 200,000 200,000 105 TOTAL 750,000 800,000 1,550,000 3.73% 700,000 800,000 1,500,000 4.35% 106 107 Maintenance 108 711010 2012 Federal Aid Overlays 50,000 50,000 50,000 109 712032 2012 Federal Aid Overlays Phase 2 210,000 210,000 210,000 110 512024 2012 Local OverlayProjects Phase 2 150,000 25,000 175,000 111 512025 2012 Local OverlayProjects Phase 3 100,000 35,000 135,000 112 512035 2012 Local OverlayProjects Phase 4 200,000 45,000 245,000 113 712005 114 115 2013 Federal Aid Overlays 2013 Local Overlays Projects Design Phase 1 2013 Local Overlays Projects Design Phase 2 190,000 190,000 180,000 650,000 30,000 210,000 840,000 190,000 112,800 116 2013 Maint Crack Seal 300,000 300,000 117 2013 Maintenance Thin -Lift Overlays 1,955,000 1,955,000 118 2013 Maintenance Road Rehab LOE 1,000,000 1,000,000 119 120 121 2014 Federal Aid Overlays 2014 Local OverlayProjects 2014 Maint Crack Seal 195,000 332,000 195,000 332,000 180,000 151,000 270,000 4,200,000 450,000 90 000 150 000 511 000 4 350 000 450 000 330,000 122 2014 Maintenance Thin -Lift Overlays 750,000 750,000 123 2014 Maintenance Road Rehab LOE 500,000 500,000 124 _ 2015 Federal Aid Overlays 385,000 385,000 343,000 125 2015 Local Overlays 332,000 332,000 126 511025 Boise Ave, Holcomb / Eckert Pavement Rehab 750,000 750,000 127 TOTAL 907,000 4,405,000 495,000 30,000 5,837,000 14.05% 717,000 6,801,000 270,000 240,000 8,028,000 23.29% 128 129 Roadways 130 505029 131 ,132 512016 30th Street Extension, Main / State St Cloverdale Rd, Fairview / Ustick in house design- FYI 3) Cloverdale Rd, Franklin Rd / Fairview Ave 40,000 55,000 3,800,000 50,000 35,000 385,000 4,310,000 55,000 500,000 200,000 200,000 500,000 133 Executive Dr, Parkdale / President 100,000 100,000 134 505030 Hill Rd Extension, State Hwy 55 /State Street 21,000 110,000 131,000 23,000 135 507022.001 Fairview Access M mt, Linder / Orchard 136 506002 Five Mile Rd, Fairview Ave / Ustick Rd 137 702041 Five Mile Rd, Franklin Rd / Fairview Ave 50,000 82,300 161,000 310,000 695,000 F 130,000 50,000 471,000 907,300 758,000 150,000 1,000,000 68,000 10,000 256,000 150,000 1,000,000 334,000 78,000 138 711023 Franklin Rd, Black Cat Rd Ten Mlle Rd 480,000 480,000 444,800 150,000 70,000 1,000,000 1,220,000 1,130,500 139 508019 Franklin Rd, Ten Mile Rd / Linder Rd 80,000 2,762,000 45,000 60,000 2,947,000 445,800 140 710035 Franklin Rd, Touchmark Rd/ Five Mile Rd Phase II 50,000 141 Kuna Downtown Traffic Improvements 227,000 227,000 142 Maple Grove, Victory / Overland 350,000 350,000 143 506047 Meridian Rd and Main Street Ph 2 of Split Corridor), Franklin Rd t 5,200,000 60,000 600,000 265,000 5,125,000 1,000,000 910,000 5,000 915,000 700,000 144 503023 Ten Mile Rd, Cherry Lane/ Ustick Rd 15,000 8,000 50,000 300,000 373,000 145 507004.002 Ustick Rd, Cloverdale Rd / Five Mile Rd 125,000 1,530,000 1,655,000 3,900,000 50,000 600,000 135,000 4,685,000 146 507004.001 Ustick Rd, Duane Dr / Campton Way 75,000 75,000 147 510018 Ustick Rd, Locust Grove Rd / Leslie Way50,000 625,000 675,000 1,700,000 150,000 40,000 1,890,000 148 512008 Ustick Rd, Meridian Rd / Locust Grave Rd in-house 149 TOTAL 955,300 176,000 8,000 225,000 3,570,000 80,000 11,967 000 155,000 695,000 650,000 18,481.,300 44.49% 650,000 70,000 2,600,000 6,710,000 123,000 760,000 431,000 11,344,000 32.91 150 ITS/Traffic Projects 151 2013 Traffic Signal- New/Upgrade 12,000 625,000 637,000 152 2014 Traffic Safety Projects 500,000 500,000 1531 2014 Traffic Signal- New/Upgrade 12,OOD 625,000 637,000 154 812006.007 Eagle Road, SH 44 to Plaza Drive - Median Design, Signal Design 25,000 184,000 6,000 73,000 288,000 155 Fairview Rd and State St RPMs 5,000 5,000 44,OOD 44,000 40,000 156 Local Si nal Timing Improvements 21,000 21,000 i 203,000 203,000 188,000 157 Main / Gem (Meridian)- HAWK signal 12,000 40,000 52,000 158 812006.006 Overland Road, Vinnell St to Entertainment Ave- Median Design 1,000 2,000' 3,000 15,000 10,000 346,000 8,000 3,000 388,000 159 713002 State Highway 16 SH 16 Signal Material 252,000 252,000 252,000 160 713001 State Highway 16 (SH16) - ITS 23,000 23,000 23,000 161 711020 State St ITS, 17th St to SH -16 91,000 280,000 371,000 371,000 162 703044.008 Three Cities Intelligence Transportation System Imp 380,000 380,000 352,100 22,000 10,000 285,000 317,000 100,000 163 Victory Rd Communications Interconnect, Cloverdale Rd / Orchard 155,000 155,000 164 TOTAL 407,000 2,000 3,000 15,000 35,000 554,000 105,000 1,296,000 2,417,000 5.82% 759,000 22,000 10,000 11065,000 1,856,000 5.38% 165 166 MISC Proiects 167 Economic Development 400,000 400,000 200,000 1,800,000 2,000,000 168 XX213 Misc Capital Projects 400,000 400,000 400,000 400,000 169 Stormwater Pilot Project 50,000 50,000 250,000 250,000 TOTAL 450,000 - - - 400,000 850,000 2.05% 200,000 2,050,000 400,000 2,650,000 7.69% 232 500 4 01 B 300 183 000 20 500 324 000 5 338 000 210 000 27 087 000 877 000 788 000 400 000 2,063,000 41 541 300 1 905 200 3 695100 3,007,000 3 500 79 000 3 949 000 --i3.647.000 600 500 965,000,400,000 1,816,000 34 467000 700,000 2,589,500 LKB 7/16/2012 1:05 PM PROJECT UPDATE August 13, 2012 Dear Interested Parties: We would like to update you regarding the most recent progress with the Meridian Split Corridor and City of Meridian Sewer and Water projects. What has happened most recently? The construction bid package was released to the four pre -qualified contractors on Monday, August 6.,ACHD anticipates opening the bids on August 29 and that the ACHD Commissioners will award the construction package on September 12. Construction is expected to commence on October 29. Due to the contract being incentive -based, ACHD staff will evaluate the bidder's proposals extensively. The planned comple- tion date for the project is October 25, 2013, however since the contract is incentivized, the bidders will propose a construction schedule to ACHD that may result in an earlier completion. Once the contractor is determined and more information is known regarding the project completion date, we will update you. What's next? ACHD is working with a tree removal company to clear identified trees in preparation for construction this fall. Removal will begin August 20 and is anticipated to last two weeks. Work will be done during daytime hours. Performing the tree clearing in advance of construction helps complete the road and sewer/water projects in the most efficient time frame possible. Utility work will also begin in the weeks ahead along Meridian Road. Idaho Power will begin its upgrades in conjunction with the road and sewer/water projects. This work will involve relocating power poles behind the future sidewalk along Meridian Road and on Fairview Avenue, near the Main/Fairview and Meridian/Cherry intersections. Idaho Power's work will occur within Idaho Power and ACHD right-of-way. It is expected that Idaho Power's work will continue through the start of the road and.sewer/water project in late October. Your comments and questions are always welcome. Please send them to projects@achdidaho.org. A team member from the City or ACHD will answer as quickly as we can. Sincerely, Adam Zaragoza ACHD Project Manager ACHD VEPJDIAN,=- www.meridiansplitcorridor.org ( www.achdidaho.org I projects@achdidaho.org DATE: August 14, 2012 IT : 8C PROJECT ITEM TITLE: Legal Department: Discussion on Traffic Safety Commission Recommendation for No Parking on Ustick and Meridian Rd. Adjacent to Settler's Park 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 -0p,arkeing on Ustick and Meridian Presented to Meridian City Counci-. Ryan Lancaster, RE., PTO@ 4M. VAIN 014 wc)4,Buitpeojddv o lU01-spea l.. Buwam r I mao UOISIOSO Sight Triangles "Within a sight triangle, any object at a height above the elevation of the adjacent roadways view should be removed or lowered, if practical. objects i buildings, hedges, bushes, unmowed grass,... fences, and the terrain itself." AASHTO "Green Book," • US customag ISD 1.4717 fob wher8.- Z,e,--,ht Turn Sight Distancd US Customa Intersection sight Stopping distance for Design sight passenger cars speed distance Calculated Design �. n1 ft ft ft 15 66 143.3 145 20 115 191.1 195 - 25 155 236.9 24 . Rn 029 -7 5 256 334.4 335 ClearSight Triangle 40 305 332.2 335 45 366 430,0 430 D ecjsion-- 56 425 477.3 436 55 495 525.5 530 66 570 573.3 575 ClearSight 5 545 621.1 625 70 733 668.9 670 TraffApproaching 75 620 716.6 726 so 910 764.4 765 Left Turn Sight Distance I 0 Clear Sight T, riangle Deca'sionPoint US Customary 385.9 9 0 Intersectionlr Stopping distance4or Design, ' passenger 55 speed distance Calculated Design 0 Clear Sight T, riangle Deca'sionPoint 315 US Customary 385.9 9 0 Intersectionlr Stopping distance4or Design, ' passenger 55 speed distance Calculated Design 15 80 A ,. 0 ,j 115 220.5 225 25 155 275.6 80 315 250 385.9 9 0 3015, —36�z*6.1 50 425 551 , 3 50T 555 55 495 606.4 610 9 Safety Issui Issue will not fix itself until widening Luxury vs. Necessity Parking on Other Side of the Street Consequences Potentially Upset• Relocation • Vehicles (May • additionalsigns) 9 ACHD Restrict Request a _Parking Ustick and Meridian Roads Adjacent to Settler's Park —Approx. 300' on Meridian Road — Approx. 280' on Ustick Road (West Approach) r (East Approach)��pe f • d DATE: August 14, 2012 IT : PROJECT NUMBER: ITEM TITLE: Historic Preservation Commission: Update on Discussion of the Meridian Exchange Bank and McFadden Market and to Consider a Draft Letter to the Oner; Meridian Exchange Building, LLC 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 A: v s `° CITY 4 CLERKS August 15, 2012 Meridian Exchange Building, LLC c/o Trust and Estate Services Company of Idaho, Conservator P.O. Box 7488 Boise ID 83707 Fax no. 208-384-8526 RE: Your properties at: 109 E. 2nd Street, Meridian (former Meridian Exchange Bank) 130 E. Broadway and 132 E. Broadway, Meridian (former McFadden Market) 707 E. 2nd Street, Meridian (vacant commercial space) Dear Meridian Exchange Building, LLC: I would like to initiate a dialogue with you regarding the above-mentioned properties at the corner of 2nd and Broadway in downtown Meridian. These buildings are a significant part of our community's heritage, and have fallen into serious disrepair over the years. The northern wall of the former Meridian Exchange Bank has been removed, as has the roof, the basement of the building is completely open and exposed. The brick masonry has eroded, all of the buildings' walls are structurally compromised and inadequately supported, and bricks and glass are falling or in danger of falling. Fire, animals, weather, vandals, and time have each taken their toll on what were once showpieces of downtown Meridian. It is heartbreaking for me, as it is for all who love Meridian and its history, to witness the deterioration of these buildings, and the unsafe situation presented by their condition can no longer be ignored. I thank you for your quick action in the past few days to address the emergent safety issues, and I appreciate your ongoing efforts to further secure the surrounding area. It is clear, however, especially given the approaching change of season and the inclement weather it will bring, that these buildings cannot survive much longer in their current condition without dramatic and immediate intervention. For this reason, I exhort you to take action as soon as possible to proactively determine the future of these historic buildings. Ideally, they could be shored up and restored, but if you feel that this is not a practicable approach, perhaps at lease distinctive architectural elements can still be preserved. Certainly, any preservation -oriented approach will necessarily involve significant resources, but the legacy that would be created by such an investment would be invaluable to the Meridian community. This building is an essential part of Meridian's past, and we would love for it to be a part of Meridian's future for generations to come. You have an opportunity to secure to the people of Meridian the character, identity, and sense of community that these buildings, particularly the Meridian Exchange Bank, have brought to downtown Meridian for over one hundred years. I fervently hope that you will choose to revive these important buildings, rather than relegating them to extinction, either by active demolition or by neglect. If you are unable to actively preserve or rehabilitate these buildings, I hope that youmight consider conveying the property to someone who is interested in doing so. Regardless of the course you set for the future of these buildings, I do encourage you to act as quickly as possible in order to address the imminent safety hazard that their current condition poses to pedestrians, vehicles, and neighboring properties. Please contact me if we may assist you in researching available resources, encouraging lenders to secure funding, or providing another form of support as you prepare to take your next steps. I would be pleased to further discuss this with you if you would like. Thank you for your attention to this urgent matter. Sincerely, Tammy de Weerd, Mayor Keith Bird, City Council Member Brad Hoaglun, City Council President Charlie Rountree, City Council Member David Zaremba, City Council Member DATE: • : • 1 ITEM TITLE: Chesterfield Subdivision Ordinance No. /Z— 152-1 : An Ordinance (RZ 11-004 Chesterfield Subdivision) For The Re -Zone Of A Parcel Of Land Located In The SW 1/4 Of Section 10, Township 3 North, Range 1 West, Situated In Ada County, Idaho, And Adjacent And Contiguous To The Corporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Zoning Classification Of 1.48 Acres Of Land From The R-8 (Medium Density Residential) Zoning District To R-15 (Medium -High Density Residential) 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 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 08/15/12 10,24 AM DEPUTY Vicky Bailey RECORDED—REQUEST OF 11titG Meridian City CITY OF MERIDIAN ORDINANCE NO. ® /S BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (RZ 11-004 CHESTERFIELD SUBDIVISION) FOR THE RE -ZONE OF A PARCEL OF LAND LOCATED IN THE SW'/a OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 1.48 ACRES OF LAND FROM THE R-8 (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT TO R-15 (MEDIUM-HIGH DENSITY RESIDENTIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Liberty Development, Inc. SECTION 2. That the above-described real property is hereby re -zoned from the R-8 (Medium Density Residential) to the R-15 (Medium -High Density Residential) zoning district, in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. RE -ZONE - ANNEXATION — RZ 11-004 CHESTERFIELD SUBDIVISION Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this q day ofa&q"-t,2012. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this (� day of 12012. $Go n �rc;ryof MAYO MMY de WEERD �X i! CDTi1TAhT7k.. v IDAHO ATTEST:°� SE- y1Ft0<<ee JA CEE . HOLMAN, CITY CLERK RE -ZONE - ANNEXATION — RZ 11-004 CHESTERFIELD SUBDIVISION Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this t4_ day of2012, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) :•°5%o T9; AR PUBLIt FOR TDARO ® - RESIDING AT: He' A C"✓1 ID ® MY COMMISSION EXPIRES: 'z .;'pF ID20A•:.® ' RE -ZONE - ANNEXATION — RZ 11-004 CHESTERFIELD SUBDIVISION Page 3 of 3 A. Legal Description i C � r 208M.3442 �' 7�URVEYI _YG. LLC drpeugh(0mmx*m Pmfesdondl Land .Sy"r 1506 E Pmhuka Cc S Fag-, ID 83616 AUGUST 30, 2011 DESCRIPTION FOR PROPOSED MEDIUM HIGH DENSITY RESIDENTIAL ZONE CHESTERFIELD SUBDIVISION A PARCEL OF LAND LOCATED IN THE SW Y4 OF SECTION 10, T. 3 N., R. 1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF THE SW % OF SAID SECTION 10, FROM WHICH THE WEST'/ CORNER OF SAID SECTION BEARS NORTH 89°31'43" WEST, 2635.95 FEET, THENCE ALONG THE NORTH LINE OF SAID SW % NORTH 89°31'43" WEST, 425.37 FEET TO THE NORTHEASTERLY CORNER OF CHESTERFIELD SUBDIVISION NO. 1, AS FILED FOR RECORD IN, BOOK 96 OF PLATS AT PAGE 11924, RECORDS OF ADA COUNTY, IDAHO; THENCE ALONG THE EASTERLY BOUNDARY OF SAID SUBDIVISION SOUTH 00°28'17" WEST, 133.00 FEET; THENCE SOUTH 89°31'43" EAST, 43.48 FEET; THENCE SOUTH 00°28'17" WEST, 25.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE LEAVING SAID EASTERLY BOUNDARY SOUTH 89"31'43" EAST, 70.00 FEET TO A POINT OF CURVATURE; THENCE 70.69 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 45.00 FEET, A DELTA ANGLE OF 90°00'00', AND A LONG CHORD BEARING SOUTH 44631'43' EAST, 63.64 FEET TO A POINT OF TANGENCY; THENCE SOUTH 00'28'17" WEST, 478.63 FEET TO A POINT OF CURVATURE; THENCE 71.27 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 45.00 FEET, A DELTA ANGLE OF 90°44'27 AND A LONG CHORD BEARING SOUTH 45°50'31" WEST, 64.05 FEET TO A POINT OF TANGENCY; THENCE NORTH 88047'17' WEST, 69.75 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID CHESTERFIELD SUBDIVISION NO. 1; THENCE ALONG SAID BOUNDARY NORTH 01°1243" EAST, 25.00 FEET; THENCE NORTH 00°28'17' EAST, 542.73 FEET TO THE REAL POINT OF BEGINNING. CONTAINING 1.48 ACRES, MORE OR LESS PPROVAL BYpE SEP 01 2011 MERIDIAN PUBLIC WORKS DEPT. B. Exhibit Map \— — CASTLEBROOK SUBDIVISIONS 41/4N 89'31'43"W 2835.95' 2210.58' N 89`3143" W 425.37+ PINE STREET C 1/4 9 1� ,®. I 3 ;040 toj S 89'31'43" E 43.48' W. MFADOWPINE ST, s - J I C-- II F N- I A z I m 00 ` L� O 4 U- Is _... I W � I � N 011243"E� 25.00' W. NEWLAND ST. N 88°47'15"W , f I R Y"""_- N 1OPOSED w S 00SIOVA OAS tEI S 00'28'17"W 25.00' S 89'31'43" E 70.00' S n W. FARiAM WAY vvr%vc vnrn Curve Length Radius Delta Chord Bearing 1 70.69' 43.00' 90'00'00' S 44'31'43'E 2 71.27' 45.00' 90'44'27` S 45'5(Y31 "W )rd 84' 05' PROPOSED REZONE CHESTERFIELD S UBDI VISION SCALE: -100' LOCATED IN THE SW 1/4 OF SECTION 10, REVi DRAWN air: a T.3N., R.1%, B.M., ROV TEs 08/18/11 MERIDIAN, ADA COUNTY, IDAHO BY E pnow watowo SEP 112011 MERIDIAN PUBLIC WORKS DEPT. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) 1A III, m, �, • �, An Ordinance of the City of Meridian granting re -zoning of a parcel located in the SW 1/a of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. This parcel contains 1.48 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of- way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. Thi inance shall become effective on the /y`�"�• day of , 2012.D¢p+TEDAUCGSp, o City of E IDIAM-- IDAHO of idian d Mayor and City Council 1Ayt SEAL By: Jaycee L. Holman, City Clerk First Reading: g - / q • / Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: _ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 12- /2/ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 12- 1 Z/ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day oft L, 2012. G• William. L.M. Nary City Attorney ORDINANCE SUMMARY — RZ 11-004 CHESTERFIELD SUBDIVISION Page 1 August 14, 2012 ITEM NUMBER: 10 Future Meeting Topics 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