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2014-11-18
C�WEFIDIAN CITY COUNCIL REGULAR I a h o MEETING AGENDA AMENDED AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, November 18, 2014 at 6:00 PM 1. Roll -Call Attendance X David Zaremba O Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener O Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Troy Drake with Calvary Chapel 4. Adoption of the Agenda Adopted 5. Proclamation for Pancreatic Cancer Awareness Month 6. Consent Agenda Approved A. Final Order for Approval: FP 14-039 TM Creek Subdivision No. 1 by SCS Brighton, LLC Located Southeast Corner of W. Franklin Road and S. Ten Mile Road Request: Final Plat Approval Consisting of Eight (8) Building Lots and One (1) Common Lot on 6.88 Acres of Land in a C -G Zoning District B. Bienville Square Subdivision No. 3 Water Main Easement C. Resolution No. 14-1031: A Resolution Amending the Community Development Block Grant Program Year 2013 Action Plan to Reallocate De - obligated Prior Year Funds to the PY2013 Centennial Park ADA Restroom Facility to Cover Cost Increases. D. Resolution No. 14-1032: A Resolution Declaring Surplus Property and Authorizing the Mayor of the City of Meridian to Donate Various Furniture Items to the Idaho Youth Ranch. E. Southeast Corner Marketplace Subdivision No. 2 Water Main Easement Meridian City Council Meeting Agenda — Tuesday, November 18, 2014 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. F. FP 14-042 Paramount Subdivision No. 28 by SCS Brighton, LLC Located North Side of W. McMillan Road and East of N. Linder Road Request: Final Plat Approval Consisting of 42 Single -Family Residential Building Lots and Five (5) Common/Other Lots on 13.10 Acres of Land in an R-8 Zoning District G. Messina Meadows Subdivision No. 5 Sewer Easement No.3 H. Oaks South Subdivision No. 1 Sewer Easement 1. Messina Meadows Subdivision No. 5 Sewer Easement J. Pedestrian Pathway Easement Between New Oaks, LLC, and the City of Meridian Regarding The Oaks South Subdivision No. 1 K. Jayker Subdivision Phase 1 Sewer & Water Easement L. Approval of Agreement to Taser International for the "Body Worn Camera System" project for a Not -To -Exceed amount of $338,177.54 7. Items Moved From Consent Agenda None 8. Action Items A. Public Hearing Continued from November 5, 2014: TEC 14-006 Jericho by Viper Investments, LLC Located West Side of N. Jericho Road and South of Chinden Boulevard Request: One (1) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat Approved B. Public Hearing: VAC 14-006 Spurwing Rim (Lots 7 & 8, Block 1) by The Club at Spurwing, LLC Located North of Chinden Boulevard and East of N. Jayker Way Request: Vacate the 10 -Foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement Along the Shared Lot Lines of Lots 7 and 8, Block 1 Platted with the Spurwing Rim Subdivision Approved C. FP 14-041 Chinden and Linder Crossing Subdivision by LEI Engineers Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Final Plat Approval Consisting of Nine (9) Commercial Lots and Two (2) Common Lots on Approximately 9.43 Acres in the C -C Zoning District Approved D. FP 14-040 Scentsy Commons Subdivision by Hotl, LLLP Located 3001 E. Commercial and 2701 E. Pine Avenue Request: Final Plat Approval Consisting of Seven (7) Building Lots on 60.73 Acres of Land in the I -L, L -O and C -G Zoning Districts Approved Meridian City Council Meeting Agenda — Tuesday, November 18, 2014 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. E. Public Hearing: AZ 14-012 Hill's Century Farm by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Annexation and Zoning of 223.73 Acres with an R-8 Zoning District Approved F. Public Hearing: PP 14-014 Hill's Century Farm by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Preliminary Plat Approval Consisting of 675 Building Lots, 47 Common Area Lots and 1 Other (Elementary School) Lot on 221.8 Acres of Land Approved 9. Ordinances A. Ordinance No. 14-1631: An Ordinance Amending Title 3, Business and License Regulations, Chapter 8, Private Security Services of the Meridian City Code, for the Purpose of Deleting 3-8-2 License Required; Exemptions; 3-8-3 Application for License; 3-8-4 License Issuance; Denial; Revocation; and Amending 3-8-5 Operating Requirements; and 3-8-6 Penalty; and Providing an Effective Date Approved 10. Future Meeting Topics None 11. Executive Session Per Idaho State Code 67-2345 (1)(d): To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code Into Executive Session at 7:08 p.m. Out of Executive Session at 7:43 p.m. Adjourned at 7:43 p.m. Meridian City Council Meeting Agenda—Tuesday, November 18, 2014 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 November 18 2014 A meeting of the Meridian City Council was called to order at 6:04 p.m., Tuesday, November 18, 2014, by President Charlie Rountree. Members Present: Keith Bird, Charlie Rountree, David Zaremba, Genesis Milam and Luke Cavener. Members Absent: Mayor Tammy de Weerd and Joe Borton. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Sonya Watters, Bill Parsons, Clint Dolsby, Jamie Leslie, Chris Amenn, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam _XLucas Cavener Mayor Tammy de Weer_d Rountree: I will go ahead and open the November 18th City Council meeting at 6:04. First item on the agenda is roll call. Item 2: Pledge of Allegiance Rountree: Next item is the Pledge of Allegiance. If you would all stand and join me (Pledge of Allegiance recited.) Item 3: Community Invocation by Troy Drake with Calvary Chapel Rountree: Thank you all for coming out in this less than desirable weather and risking your chance on the icy roads. Please join us in this evening's invocation and we will be led by Troy Drake from the Calvary Chapel. Troy, welcome. Drake: Lord God in Heaven, we come here tonight in thanks for the freedoms that we do have in our country, as just said, one nation under God and thank you for that, God, and we thank you for the City of Meridian and this great place to live and work and that you would protect it, Lord. We are praying tonight, especially for the citizens, that everyone would have a -- would be warm and have food, Lord. We pray for the safety of the citizens, too, and the law enforcement officials, God, that you would just be with all those officers as they keep the peace here. We pray for safety for all the citizens and, lastly, Lord, I just pray for these men and women here tonight that -- these elected officials, our representatives, God, that you have given great responsibility to and just reminded me that every decision that we make has consequences, no matter how large or small. So, I Meridian City Council November 18, 2014 Page 2 of 25 just pray, God, for every decision that they make, that they would have wisdom and it would come from you, God. So, we just pray and pray that you bless them and encourage them and it's in Jesus' name we pray, amen. Item 4: Adoption of the Agenda Rountree: Thank you. Next item is the adoption of the agenda. Bird: Mr. President? Rountree: Mr. Bird. Bird: On the amended agenda, Item 6-C is proposed Resolution No. 14-1031. Item 6-D is proposed Resolution No. 14-1032 and proposed ordinance number on 9-A is 14-1631. And we -- on the amended one we did an Executive Session No. 11 -- Item No. 11, which was 67-2345(1)(d). And with that I move we approve the agenda as amended. Milam: Second. Zaremba: Second. Rountree.- It's been moved and seconded to approve the agenda. All in favor signify by aye. Opposed same sign? MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Proclamation for Pancreatic Cancer Awareness Month Rountree: Next item is a proclamation for the Pancreatic Cancer Awareness Month and I have a proclamation to read here and present. Mr. Tovey. Welcome again. Good to see you this year. Whereas in 2014 an estimated 46,420 people will be diagnosed with pancreatic cancer in the United States and 39,590 will die from the disease, including approximately 210 people in Idaho and whereas pancreatic cancer is the fourth leading cause of cancer death in the U.S. and has a five year survival rate of just six percent and whereas the incidents and death rate of pancreatic cancer are increasing and pancreatic cancer is anticipated to move from the fourth to the second leading causeofcancer death in the United States by 2020, whereas the Pancreatic Cancer Action Network is a national organization serving the pancreatic cancer community in Meridian and nationwide through an approach that includes public policy, research funding, patient services and public education related to developing effective treatment and a cure for pancreatic cancer. Whereas the Pancreatic Cancer Action Network and its affiliates in Idaho support those patients currently battling pancreatic cancer, as well as those who have lost their lives to the disease and are committed to nothing less than a cure, therefore, the Mayor Tammy de Weerd does hereby proclaim the month of November as Pancreatic Cancer Awareness and I present this on behalf of the city and the Mayor to you and thank you for your efforts. Meridian City Council November 18, 2014 Page 3 of 25 Tovey: Thank you. In 2010 1 lost my wife to pancreatic cancer. She was diagnosed in May and she passed away in September just four months, and that is the typical prognosis. As was mentioned, the survival rate for pancreatic cancer is just six percent right now and that number hasn't changed in over 40 years. Our goal is to double that number by 2020. But even that only brings it up to 12 percent. Pancreatic cancer has a mission to wage hope for those that are afflicted with pancreatic cancer and those that have lost people to pancreatic cancer. We wage hope so that they will have something to look forward to. Thank you. Rountree: Thank you. Keep up the good work. Item 6: Consent Agenda A. Final Order for Approval: FP 14-039 TM Creek Subdivision No. 1 by SCS Brighton, LLC Located Southeast Corner of W. Franklin Road and S. Ten Mile Road Request: Final Plat Approval Consisting of Eight (8) Building Lots and One (1) Common Lot on 6.88 Acres of Land in a C -G Zoning District B. Bienville Square Subdivision No. 3 Water Main Easement C. Resolution No. 14-1031: A Resolution Amending the Community Development Block Grant Program Year 2013 Action Plan to Reallocate De -obligated Prior Year Funds to the PY2013 Centennial Park ADA Restroom Facility to Cover Cost Increases. D. Resolution No. 14-1032: A Resolution Declaring Surplus Property and Authorizing the Mayor of the City of Meridian to Donate Various Furniture Items to the Idaho Youth Ranch. E. Southeast Corner Marketplace Subdivision No. 2 Water Main Easement F. FP 14-042 Paramount Subdivision No. 28 by SCS Brighton, LLC Located North Side of W. McMillan Road and East of N. Linder Road Request: Final Plat Approval Consisting of 42 Single - Family Residential Building Lots and Five (5) Common/Other Lots on 13.10 Acres of Land in an R-8 Zoning District G. Messina Meadows Subdivision No. 5 Sewer Easement No.3 H. Oaks South Subdivision No. 1 Sewer Easement Messina Meadows Subdivision No. 5 Sewer Easement Meridian City Council November 18, 2014 Page 4 of 25 J. Pedestrian Pathway Easement Between New Oaks, LLC, and the City of Meridian Regarding The Oaks South Subdivision No. 1 K. Jayker Subdivision Phase 1 Sewer & Water Easement L. Approval of Agreement to Taser International for the "Body Worn Camera System" project for a Not -To -Exceed amount of $338,177.54 Rountree: Next item is the Consent Agenda. Bird: Mr. President? Rountree: Mr. Bird. Bird: On the Consent Agenda, as I said earlier, Item 6-C, the proposed resolution is 14-1031. 6-D is proposed resolution 14-1032. And with that I move we approve the agenda -- or the Consent Agenda and for the President to sign and the Clerk to attest. Zaremba: Second. Rountree: It's been moved and seconded to approve the Consent Agenda. Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 7: Items Moved From Consent Agenda Item 8: Action Items A. Public Hearing Continued from November 5, 2014: TEC 14-006 Jericho by Viper Investments, LLC Located West Side of N. Jericho Road and South of Chinden Boulevard Request: One (1) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat Rountree: Next item, Action Items, a public hearing for Item 8-A, continued November 15th hearing for TEC 14-006. Jericho. Bill. Parsons: Thank you, Mr. President, Members of the Council. This item was continued a couple weeks -- from a couple weeks back. It was Council's direction that the applicant come forward with a plan for securing the existing structures on the property and also bringing forth some more palatable elevations for the property. In an e-mail from that Meridian City Council November 18, 2014 Page 5 of 25 applicant -- I did forward that onto the city clerk's office for your review. Attached to that e-mail had the proposed elevations, as well as the applicant's proposal for securing the existing structures on the property. Tonight I have included those elevations for review. The application has provided elevations at 80 foot side lots, as well as the internal 50 foot lots adjacent to the Hightower Subdivision and the Arcadia Subdivision along the south boundary -- west and south boundaries. Here is a typical elevation for the 80 foot wide lot and I will scroll through these fairly quickly. If there is anything that you do not like and if it's your desire to recommend -- or approve the time extension staff asks that you include -- incorporate these elevations into the time extension staff report. And here are the elevations for the 50 foot wide lots or the R-15 lots within the subdivision. So, with those two items per your direction -- again, staff has laid out in the hearing outline this evening the timeline and the history of this project. Staff is still recommending approval of that project and I will stand for any additional questions you may have. Rountree: Any questions for Bill? Bird: I have none, Mr. President. Rountree: Okay. Is the applicant Here? Becky. McKay: Thank you, Mr. Chairman, Members of the Council. Becky McKay. As Bill indicated, we did obtain elevations from our client for both size lots, the 80s and 50s, for the detached -type product. As you can see the 80 foot wide lots, they are going to go with a larger product to, obviously, have that transition from those existing larger homes on the acre lots fronting on Jericho. Also I did speak with Shawn Brownlee and he did go out to the site. He locked the house up and they are sending out a superintendent this week to board it all up, so no one can get in and he had indicated that he talked with Mr. Barton and they are going to talk to the fire department to see if they are interested in a practice burn or something on the home. If they -- if they are not, then, they will schedule demolition of that home to begin prior to construction and they understand that it is a nuisance and they will take care of it. Rountree: Any questions for Becky? Bird: I have none. Rountree: Thank you. McKay: They plan to build this spring. Or in '15. Thank you. Rountree: Hopefully, depending on the decision. McKay: Yes. Rountree: Okay. Thanks, Becky. This is a public hearing. Is there anyone wishing to testify further? Seeing none -- Meridian City Council November 18, 2014 Page 6 of 25 Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we close the public hearing on TEC 14-006. Zaremba: Second. Rountree: It's been moved and seconded to close the public hearing on this particular item. Any discussion? All those in favor of the motion signify by aye. MOTION CARRIED: FIVE AYES. ONE ABSENT. Rountree: Discussion? Motion? Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve TEC 14-006 and include elevations as shown publicly on 11/18/2014, to include -- to be included in the one year time extension. Cavener: Second. Rountree: It's been moved and seconded to approve Item 8-A with the conditions. Any discussion on the motion? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Do we want to include a condition that -- Mrs. McKay mentioned that they were going to fix the attractive nuisance one way or the other. Do we want to make that a condition as well? Bird: I think that was part of the staff's deal. Rountree: Was that the intent of the motion maker? Bird: Yes, it was. Rountree: Per staffs discussion? Bird: Yes. Per staffs discussion. Meridian City Council November 18, 2014 Page 7 of 25 Zaremba: Okay. Rountree: Are you comfortable with that? Zaremba: I'm comfortable that it's included, yes. Rountree: Okay. Any further discussion on the motion? Roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Public Hearing: VAC 14-006 Spurwing Rim (Lots 7 & 8, Block 1) by The Club at Spurwing, LLC Located North of Chinden Boulevard and East of N. Jayker Way Request: Vacate the 10 - Foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement Along the Shared Lot Lines of Lots 7 and 8, Block 1 Platted with the Spurwing Rim Subdivision Rountree: Thank you. Next item, 8-B. Public hearing for VAC 14-006. Spurwing Rim. Bill, is that you? Okay. Parsons: Thank you, Mr. President, Members of the Council. Next item on the agenda is the Spurwing Rim vacation application. The two properties are located north of Chinden Boulevard, just east of North Jaykers Way. These lots -- the two lots, Lot 7 and Lot 9, Block 1, were subdivided or final platted with the Spurwing -- Spurwing Rim Subdivision. At the time that the project came through the developer envisioned two homes being constructed on the lots. Now they have a client that wishes to consolidate the two parcels into one large lot and construct a single family home on the residence. Here are the easements that were created with the platting of that property. They are typically five foot interior side yards, public utility and drainage easements. Staff has received all the necessary relinquishments from the applicable utility providers not objecting to the relinquishment of those easements. One thing that we did want to bring to the Council's attention is the fact that typically when these lots come in and develop within the city we -- we have them provide a water stub and a sewer stub to serve the lots. So, moving forward the applicant will have to work with not only the city, but also United Water on vacating those existing services, so that only one home is connected on the property. The applicant has received the staff report. They are in agreement with those conditions and they will move forward on that prior to applying for the building permit. So, other than that, because we have everyone's approval to vacate this easement, staff is recommending approval of these -- vacating these easements as proposed and I will stand for any questions you have. Rountree: Any questions for Bill? Meridian City Council November 18, 2014 Page 8 of 25 Bird: I have none. Rountree: Is the applicant here? Do you have anything to add, Becky? Okay. Thank you. This is a public hearing. Is there anybody wishing to testify? Apparently no. Bird: Mr. President? Rountree: Mr. Bird. Bird: Seeing how nobody wants to testify, I move we close the public hearing on VAC 14- 006. Zaremba: Second. Rountree: It's been moved and seconded to close the public hearing on Item 8-B. All those in favor signify by aye. Opposed same sign? MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve VAC 14-006 and include staff comments. Milam: Second. Rountree: It's been moved and seconded to approve Item 8-B. Any discussion? Roll call vote, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. FP 14-041 Chinden and Linder Crossing Subdivision by LEI Engineers Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Final Plat Approval Consisting of Nine (9) Commercial Lots and Two (2) Common Lots on Approximately 9.43 Acres in the C -C Zoning District Rountree: Next item 8-C, final plat 14-041. Bill, again. Parsons: Thank you, Mr. President, Members of the Council. Next item on the list is the Chinden and Linder Crossing final plat. The primary reason for this item being on the agenda is the applicant did not get the response to staff in time -- their concurrence with Meridian City Council November 18, 2014 Page 9 of 25 the conditions of the staff report within the time frame as outlined to keep it on the Consent Agenda. I would tell you that the applicant is in agreement with all the conditions of approval this evening. Here is the -- again, the proposed final plat. It does consist of nine commercial lots and two common lots, which was consistent with the approved preliminary plat in which you acted on approximately three or four months ago. Staff is asking that Council modify one condition of approval in the staff report and that would be site specific condition number 13. If you recall when this project came forward the applicant did come forth with a development agreement and modification and as part of the modification they were required to construct a Welcome to Meridian sign along Linder Road with the first phase of development. At the time that the plat came forward we weren't sure how we were going to craft a condition in order to make sure we could maintain and place the sign on the property and so with the final plat we worked with the legal department -- other departments within the city on an appropriate condition. In the staff report it reads that we want the applicant to execute a license agreement with the city to establish placement on the sign and maintenance for that sign. In working with our legal department -- and it is their preference to move forward with an easement, rather than executing a license agreement. So, my recommendation this evening to the Council is, basically, to have you act on changing the language from reading execute license agreement to just granting and approving an easement for the placement and maintenance of that sign and I will make sure that happens as part of the final plat order. Again, the applicant is in agreement with the changes and also with all the conditions in the staff report. One other item before 1 close. if it's your preference to have a specific location as to where that sign should be placed maybe you should ask the applicant where they envision incorporating the sign. Staff left it pretty open-ended in the development agreement, because we wanted to give them flexibility as where they felt it would be best located on the property, but if they have more details this evening we would be happy to work with them on the exact placement as part of the public hearing. With that I will stand for any questions. Rountree: Questions for Bill? Bird: I have none. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: My recollection is in -- in other locations where we have had these welcoming signs the developer contributed to the cost of them. Is -- if this is only an easement, are we not having this developer contribute to the cost of the sign itself? Parsons: Mr. President, Members of the Council, the developer will be constructing the sign. Zaremba: Okay. I didn't interpret that from this, but thank you. Meridian City Council November 18, 2014 Page 10 of 25 Rountree: Further questions? Is the applicant here? Do you have more to add? Do you have anything specific about placement of the sign? Because you don't want us to design it. Witt: Mayor and Council, my name is Matthew Witt. I'm the director for sign construction for Rocky Mountain Development. We are proposing this development. No. As far as final location of the sign, we have been working very efficiently with staff to resolve the final location of that and a location that works good for the City of Meridian and also will set our executed development upon construction, so -- Rountree: Very good. Any questions for the applicant? Bird: I have none. Rountree: Thank you. Witt: Thanks. Rountree: This is a final plat. Do I have a motion? Milam: Mr. President? I move that we close the public hearing FP 14 -- Bird: We don't have a public -- Milam: Oh. we don't. Rountree: Final plat. Approval or deny. Milam: Oh. Approve it. FP 14-041. Zaremba: Second. Rountree: It's been moved and seconded to approve Item 8-C. Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. D. FP 14-040 Scentsy Commons Subdivision by Hot1, LLLP Located 3001 E. Commercial and 2701 E. Pine Avenue Request: Final Plat Approval Consisting of Seven (7) Building Lots on 60.73 Acres of Land in the I -L, L -O and C -G Zoning Districts Rountree: Next item is FP 14-040, Scentsy Commons Subdivision. Sonya. Meridian City Council November 18, 2014 Page 11 of 25 Watters: Thank you, President Rountree, Members of the Council. The next application before you is a request for a final plat. This site consists 60.73 acres of land. It's currently zoned I -L, L -O, and C -G and is located at 3001 East Commercial Street and 2701 East Pine Avenue at the southwest corner of Eagle and Pine. The applicant is requesting approval of a final plat as shown here, consisting of seven commercial lots on 60.73 acres of land. The property currently consists of three parcels of land that has been developed, except for the western 12 acres shown here where the pointer is. A street buffer was constructed on that portion that does comply with UDC standards. Staff recommends prior to the west parcel being developed that an emergency access driveway is constructed in alignment with Hickory, which is right here, from Pine to Commercial Street. Written testimony has been received from Dave Yorgason, the applicant's representative, in response to the staff report. He requests the following changes to the conditions: Site specific condition number six, he requests that the temporary construction fencing to contain debris shall be installed around the building site, rather than this phase, prior to release of building permits for this subdivision. Staff is in agreement with the applicant's proposed change. The next one is site specific condition number nine. Prior to the issuance of any new building permit he'd like to insert for Lot 7 specifically, rather than the whole site. The property shall be subdivided and a driveway constructed in alignment with Hickory from Pine Street to Commercial Street for emergency access. Staff is recommending approval of the final plat with the changes to the conditions just mentioned. Staff will stand for any questions Council may have. Rountree: Any questions? Bird: I have none. Rountree: The applicant? Good evening. Yorgason: Good evening. For the record, Dave Yorgason, representing the applicant there at Scentsy Commons Subdivision. We appreciate staff and working with them. I had a conversation with Mr. Perry Palmer at the fire department regarding our specific requested change for the condition number nine. It's our understanding that the fire department and staff is in agreement with our two requested changes and so we just stand here tonight and request for your changes to the final plat with the two requested changes in the staff report as has been mentioned and stand for any questions you may have. Rountree: Are there any questions? Bird: I have none. Rountree: I have a question. How far west does this go? Does it go to Machine Street where there is a closure? Yorgason: President, that is correct. Yes, it does. Meridian City Council November 18, 2014 Page 12 of 25 Rountree: And what's proposed at that private road that people have been driving over a mountain of dirt and around a fence and over a fence and through the dale to connect to Machine Street? Is something more permanent going to happen there, like a turnaround or -- Yorgason: Mr. President, I'm not aware of any plans at this time. We recognize there is some occasional activity that does drive through there -- Bird: Yeah. Yorgason: -- some that is not always warranted or requested, so -- like you say. But there is no plans at this time. Rountree: Okay. Thank you. Yorgason: Sure. Rountree: No further questions? This is a final plat. Bird: I have none. Yorgason: Thank you. Rountree: Thank you. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve FP 14-040 and to include the changes in condition six and condition nine as explained by Sonya. Milam: Second. Rountree: It's been moved and seconded to approve Item 8-D with the mentioned changes. Any discussion? Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea: MOTION CARRIED: FIVE AYES. ONE ABSENT. E. Public Hearing: AZ 14-012 Hill's Century Farm by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Annexation and Zoning of 223.73 Acres with an R-8 Zoning District Meridian City council November 18, 2014 Page 13 of 25 F. Public Hearing: PP 14-014 Hill's Century Farm by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Preliminary Plat Approval Consisting of 675 Building Lots, 47 Common Area Lots and 1 Other (Elementary School) Lot on 221.8 Acres of Land Rountree: Next item 8-E. It's a public hearing AZ 14-012 Hills Century Farms -- Bird: Are you going to open up the -- Rountree: And I will open up the public hearing. Bird: For F, too? Rountree: And also for F. Watters: Thank you, President Rountree, Members of the Council. The next applications before you are a request for annexation and zoning and preliminary plat. This site consists of 221.8 acres of land. It's currently zoned RUT in Ada county and is located on the north side of East Lake Hazel Road, east of South Eagle Road. The Comprehensive Plan future land use map designation for this site is 91 point -- excuse me -- 91 acres of this site is designated low density residential, which is three or less dwelling units per acre. Approximately 90 acres of this site is designated medium density residential, which is three to eight units per acre and approximately 40 acres is designated medium high density residential, which is eight to 15 units per acre. A little update. Since the Commission hearing the applicant submitted a revised plat and landscape plan. The changes are detailed in the memo to Council from staff dated November 14th, with one correction. The memo states the number of buildable lots stay the same, when they actually increase by ten. The applicant is requesting annexation and zoning of 223.73 acres of land with an R-8 zoning district. The overall density of the subdivision is 3.06 dwelling units per acre, with a breakdown of 2.99 units per acre in the area designated low density residential, 3.18 dwelling units per acre in the medium density residential designated area and 3.52 dwelling units per acre in the medium high density residential designated area. The applicant is requesting a step down in density from the medium high density residential to the medium density residential designation for the southern 40 acres of the site, which is, basically, from this point here where my pointer is south. The proposed R-8 zoning accommodates the proposed densities with approval of the step down in density for the medium high density residential designated portion. The preliminary plat shown on the left consists of 685 single family residential building lots, 43 common area lots, and one lot for a future elementary school on 221.8 acres of land. The future elementary school lot is right here along the northern boundary of the site. The subdivision is proposed to develop in 16 phases as show on the phasing plan on the right. Secondary access is required for any portion of the development with 30 homes or more. Development will commence at the northwest corner of the project adjacent to Eagle Road and is anticipated to occur over the next ten years. Access is proposed via two points from adjacent arterial streets, South Eagle Road and East Lake Hazel Road. Meridian City Council November 18, 2014 Page 14 of 25 Internal access is proposed via east -west and north -south collector streets, East Taconic Drive, which turns into South Newbridge Avenue and East Highlander Drive in accord with the master street map. A temporary access via Eagle Road will be provided right here, if you can see my pointer, at the northwest corner of the site, until such time as two points of ingress -egress are constructed that meets the fire department standards, then, it will be closed and only a pedestrian pathway will exist. The plat depicts connections to existing stub streets in Rock Hampton Subdivision on the east here and stub streets to adjacent undeveloped parcels for future extension and interconnectivity. You can see all the red arrows here are stub streets. A portion of this site lies within the Meridian flood plain overlay district as shown here in the darker gray. A flood plain permit application is required to be submitted, reviewed, and approved prior to any development within the overlay district. There are currently no plans to widen South Eagle Road or Lake Hazel Road, although turn lanes into and out of the subdivision are proposed to be constructed by the developer within the extra right of way dedicated with this plat. The capital improvement plan designates Eagle Road between Amity and Lake Hazel to be widened to five lanes between 2022 and 2026. Lake Hazel between Eagle and Cloverdale Roads are scheduled to be reconstructed and widened to five lanes between 2027 and 2031. The traffic impact study recommends the installation of either a roundabout or a signal at the Eagle Road - Taconic intersection to insure there is sufficient right of way to accommodate either improvement. ACHD is recommending that additional right of way is provided. A landscape plan was submitted as shown that depicts street buffers and open space in accord with UDC standards, based on the area of the plat minus the school lot, a minimum of ten percent or 21.36 acres of qualified open space is required. The plat does depict a 16 percent or 35.4 acres of common area of qualified open space consisting of common lots, parkways, street buffers, and the Ten Mile Creek pathway corridor in accord with the UDC standards. The Ten Mile Creek runs right along here. Parkways are proposed throughout the development along all streets. The Ten Mile Creek, as is planned out, runs along the west boundary of the southern portion of the site from Lake Hazel and extends to the north through the site to Eagle Road. The segment of the city's multi -use pathway system is proposed along the west side of the creek on the northern portion of the site in accord with the master pathway plan. So, it will start right here where my pointer is and go to the northwest out to Eagle Road. On the southern portion there is not adequate area on this site on the west side of the creek to construct a pathway, so it will need to be constructed when the development -- this site here on the corner develops. A minimum of ten site amenities are required to be provided with the development. The applicant is proposing to provide a community center, tot lot playground, exercise stations, passive gathering place seating, a regional pathway, micropaths and land is there for an elementary school. A six foot tall solid fence is proposed to be constructed by the developer around the perimeter of the subdivision. No other fencing is proposed. Fencing is required to be constructed by the developer in accord with UDC standards adjacent to micropath connections to distinguish common from private areas. The applicant has submitted some typical sample building elevations for future homes on the site as shown. Building materials are proposed to consist of architectural shingles and a mix of board and batten and lap siding and stucco with cultured stone wainscot. Because homes on lots that back up to South Eagle Road and East Lake Hazel Road will be highly visible, staff recommends the rear or sides of structures that face these streets Meridian City Council November 18, 2014 Page 15 of 25 incorporate articulation through changes in materials, color, modulation and architectural elements, horizontal and vertical, to break up monotonous wall plains and roof lines. The Commission recommended approval of this subject annexation and preliminary plat applications with the conditions listed in Exhibit B of the staff report. Summary of the Commission hearing. Mike Wardle and David Turnbull of Brighton Corporation testified in favor of the applications. Lonny -- excuse me if I mispronounce your name -- Wageman and Keith Miller testified in opposition and Howard Belodoff commented. Mike Wardle submitted written testimony -- the application in agreement with the staff report. There were no real issues discussed by the Commission at the hearing, however, as I mentioned previously, since the Commission hearing the applicant did submit revised preliminary plat and landscape plan that was attached in the memo from staff dated November 14th, along with the detail of the changes. Staff is recommending that Council incorporate these changes that were documented in the memo in the approved findings document. There has not been any written testimony submitted to the city since the Commission hearing. Staff will stand for any questions Council may have. Rountree: Questions for Sonya? Bird: I have none. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Just a small one. In reference to the pathway, which this applicant proposes to deduct a portion of it on their side of it and, then, an adjacent property when that develops will do it on their side -- who is responsible for bridging or crossing over or -- to connect the pathway from one side to the other side? Watters: President Rountree -- or President Rountree, Councilman Zaremba, very good question. If you can see my pointer here, there will be a bridge constructed by the applicant right here. So, it will bring people from the east side of the creek to the west side. So, across here and, then, the path will continue up to Taconic, cross Taconic and, then, it will run along the north side of Taconic out to Eagle Road. Zaremba: Thank you. Rountree: Further questions? Is it clear in the DA or the ordinance that the stub streets will have signage on them indicating they will be punched through on a future date? Watters: President Rountree, if it is not clear I will be sure to add that. Rountree: Okay. Thank you. Any further questions? Applicant. Mike? Wardle: Mr. President, Council Members, Mike Wardle, Brighton Corporation, 12601 West Explorer Drive in Boise. Just two comments before I ask Sonya to put on just a Meridian City Council November 18, 2014 Page 16 of 25 couple of slides to explain the recommendations from the Planning and Zoning Commission to the Council. The first noted item that Sonya mentioned was that the actual density of the project increased through redesign from 675 to 685. The Council -- or excuse me -- the Planning and Zoning Commission actually forwarded in its recommendation to the Council this language and it was in response to conditions 1.1.2 and 1.1.3, which required a modification that I will cite in just a moment, but the language that they passed on -- and I trust it's in the record. I have not formally reviewed it, but it said that the number of lots in Hills Century Farms Subdivision shall be as proposed in the preliminary plat application or the number of lots generated by the changes required by the conditions of approval and that's how a one and a half percent increase in the number of lots actually occurred, but it was stipulated by the Planning and Zoning Commission that with the changes that were required that there likely could be an increase of lots and that was an affirmation -- or an affirmative recommendation from the Commission. On the screen at the moment is the preliminary plat as originally proposed. Probably the big change was the fact that we had anticipated in the first phase of the project to have a street entrance north of the Ten Mile Creek, which is prominent in that graphic, and that street entrance, then, came into a park immediately at the first intersection. It was both the staff and particularly the Ada County Highway District that recommended that that entrance be deleted and by deletion of that, then, there would be a stipulation that Sonya noted that there would have to be at least secondary access until another future access occurred that would provide fire department access to the site. So, going to the second slide, then, it shows the changes that were required. First on the left 1.1.1.13 and the citation there was the deletion of that entrance. At the top the blue arrow showed that there was a requirement to move the access stub to the north -- to the west to, essentially, avoid a conflict with the home to -- immediately to the north. And, then, to the northeast portion of the site, the yellow arrows depicted the proposed realignment of that collector street, so that it would, essentially, go to the mid mile north -south collector intersection on Amity Road and so the next phase, then, simply shows -- or the next slide, Sonya, please -- and I don't know if I'm capable of doing that from here, Sonya? Which button do I push to advance? Watters: Sorry, Mike. Wardle: That's all right. So, the changes, then, upper left, we have provided the -- what will be fire lane access, as well as actually an access to several of the lots and a pedestrian access at that northwest corner. The street stub to the north was moved over from the pod to the east and on the northeast corner you can see the way that that roadway, then, sweeps to the north, still preserving the school site and the school site is in a form and shape that meets objectives of the school district. So, that particular item was also incorporated and, then, you will see a star symbol where we had the entrance -- a park coming into the entrance off Eagle Road originally. We simply relocated that, so that you still get the amenity value, but the actual first access into the project will be at the existing intersection of Taconic. Next slide shows a couple of other items that were required. On the left of the picture, the red swath shows that we have inserted a micropath connection out of that pod to Eagle Road that was provided and, then, right in the center there are two black arrows that kind of refocus two micropaths, one to the north Meridian City Council November 18, 2014 Page 17 of 25 and one to the south, and brought them together, so that that major access across the Ten Mile Creek is -- provided access from both the north and the south pods and back to the question of Council Member Zaremba about the pathway. The city's desired location of the pathway is on the west side and so, obviously, we don't have the -- the west side south of that particular point, but by providing that access across the Ten Mile Creek there we accommodate the need for pedestrians to be able to circulate until that other leg is completed and it just adds another circulation point. So, it's a functional pathway as that area develops. Then this was not a city requirement, but right in the center of the project there was a -- a little bit of a green. That particular north -south roadway is a residential collector and the Ada County Highway District was concerned about the fact that there would be on all four quadrants of that intersection some lots that would be fronting that collector. So, we worked with them -- we still wanted something to mitigate kind of the long roadway and so ACHD has agreed to the kind of -- gee, I can't even put the geographic term -- or the -- anyway, geometric term to that, but, anyway, there is still an island in the middle of that street that provides a visual mitigation factor and, then, down at the southeast corner staff had recommended and we are now providing a pathway connection to Lake Hazel in that particular location. So, Mr. President, Council Members, we have accommodated all of the requirements of both the city's recommendation through the Planning and Zoning Commission, as well as the Ada County Highway District and the plat as revised before you this evening I believe is worthy of approval and we would be happy answer any questions that you might have. Rountree: Questions for Mike? Bird: I have none. Rountree: Mike just -- and I know Sonya went over it a little bit, but would you just go through the time -- anticipated time schedule. We are looking at a number of years here and -- Wardle: Yes. Mr. President. Sonya, if you could go back to your slides that show the phasing. Let's -- yeah. The ones that you had up. Yes. The graphic on the right, oriented north -south, shows that our first phase is coming off the Taconic intersection there at Eagle Road and, then, we will move easterly and, then, a little bit southerly as we go, but we will be working toward the north quadrant of that project for some time and, obviously, it shows 16 phases over time, but we found in our own developments, depending on, obviously, the economy and the way things continue to work in some of our projects, such as Paramount, we have done two or three phases per year. We just don't want to get, you know, too large a phase, so it -- it would be anticipated that it certainly would be completed within ten years. We won't be getting down to the Lake Hazel intersection for some time, because of the -- just the way that the growth will occur, but it will tie over to the northeasterly corner where the school site is and makes it possible at least for that north -south collector connection, which is a quarter mile south of Amity Road as depicted right now, within whatever period of time proves to be feasible and, then, as we work to the east, obviously, we are contiguous in that easterly 20 acre portion to the existing Rock Hampton Subdivision that's in the city of Boise -- well, not city of Boise, but Meridian City Council November 18, 2014 Page 18 of 25 within their area of impact, so we are kind of at the boundary of your southeast potion of the city. I hope that helps, but I'm not sure we have a crystal ball that will give us an affirmed schedule that we can commit to. Rountree: Fully understand that. Just appreciate the rundown. Any other questions for Mike. Okay. Thank you. Wardle: Thank you. Rountree: This is a public hearing. Is there anyone wishing to testify? And I have a sign-up sheet with two folks. A John Stamper has indicated against and if you want to come up and give us your testimony or -- if you would state your name and address for the record, please. Stamper: Yeah. My name is John Stamper. I live at 5623 South Akron Avenue in the Boise side. I live in the Rock Hampton Subdivision. So, I'm kind of familiar with the traffic patterns around there already and my concern is that ACHD will not be able to keep up with the builders as the houses go in, because as it is they have already put a stop gap of a roundabout at the corner of Amity and Eagle, which has caused terrible traffic problems most of the time. A lot more than I think it solved. I also have concerns with the school. As it is now Lake Hazel Middle School is the largest middle school as population goes in the state. There is 1,400 students in that school. Until there is another middle school to relieve that, what are we -- what are we to do with the extra kids that come into the -- to the neighborhood with the subdivision and the roads themselves -- the intersection of Eagle and Lake Hazel is -- is a hilly intersection that's going to take a lot of construction to -- to right the ship in that area. So, my concern is that there is -- we are going to build before the infrastructure is there to support the new population. Do you have any questions? Rountree: Any questions? Cavener: Mr. President? Rountree: Luke. Cavener: John, at the intersection of Eagle and Amity where the roundabout is you said there is traffic issues. Do you mind maybe giving me a little more detail? Is it just congestion? Is it accidents? What are you seeing? Stamper: Well, I have seen accidents and I have seen congestion. It has -- they have a hard time keeping up with the traffic in that area due to the soccer field that is out there. The youth soccer brings a tremendous amount of traffic out there, which I would say might equate to a daily traffic charge of that houses and that intersection there -- if you get caught in a roundabout in one of the directions that isn't flowing, you're there for a long time waiting to squeeze in as people just zoom through there. I have seen cars use it as a race track and end up in the ditch. I have seen trucks run over the curbing because it's Meridian City Council November 18, 2014 Page 19 of 25 such a small roundabout they can barely get around it. So, I think that there is more issues in that area in the traffic flow that need to be addressed prior to this. Cavener: Follow up, Mr. President? Rountree: Luke. Cavener: Would you mind expanding a little bit further? Are we talking ten cars, 50 cars, a hundred cars? Is your wait 90 seconds, 20 minutes? I mean -- can you give me a little more specifics? Stamper: In the heavy traffic times you're waiting, you know, ten, 15 cars and probably a delay of two, three minutes. And, then, like I said, it causes some heated traffic issues as people try to squeeze in -- Cavener: Sure. Stamper: -- and I'm not sure what law enforcement is going to be regulating out there. Is it going to be covered by Ada county or will Meridian be providing police service out there? I mean as it is now we are mostly patrolled by Ada county. Boise doesn't even really want to supply the force to be out there. So, I'm not sure that we are ready to move forward with more houses in that area. But if you look at developments along Locust Grove, Locust Grove is a terrible road. I mean until its widened they still have all these subdivisions going up and dumping cars on there and people can't get in now in a timely manner and if you want the quality of life of Meridian to be good, then, traffic is a key issue, as I just drove down the freeway to get here. Cavener: Thank you. Rountree: Further questions? Thank you for your comments. Stamper: Thank you. Rountree: Gordon Croft is signed up in favor. If you would give us your name and address. Croft: I'm Gordon Croft at 1520 Howry Lane. I live on the 40 acre parcel next to this development and I just, basically, wanted to voice my support for the project. One question I had, though, was -- I wasn't quite clear from the presentation what the plans were for them to extend to the north as far as the road corridor presently. We have a private lane there, Howry Lane, and I wasn't sure exactly what they were proposing there. Rountree: We will get an answer to that question for you from the applicant. Do you have any other comments? Meridian City Council November 18, 2014 Page 20 of 25 Croft: No. Just that I -- I feel like that the zoning designation probably is good for the area and I might just voice an opinion, too, that I think that while the roundabout in that -- at Eagle and Amity is not perfect, it certainly helps the traffic flow in that area. I personally think it's a good development. Rountree: Thank you. Any questions? Cavener: Mr. President? Rountree: Yes. Cavener: Mr. Croft, can I ask you -- just got a couple quick questions. Out of curiosity, how long have you lived out in that area? Croft: We have lived there since 1981. Cavener: And what's your opinion on the traffic now versus when you first lived there -- and I'm sure there is more cars out there. But I guess I'd like your perspective as to the traffic impact in that particular intersection. I know you said that you like the roundabout, but what's your overall opinion on the traffic? Is it terrible? Is it tolerable? Is it no big deal? Croft: I would says it was tolerable at this point. I mean we have always had traffic on Amity Road and we are going out from our lane onto Amity Road all the time and I don't see a terrible lot of change in that. But, like I said, I feel like the roundabout certainly did help that other intersection a lot. But you can go through there a lot better, you know, the way they have it set up than the four way stop, of course, they had before was a disaster. But, you know, this roundabout is I think definitely an improvement. Cavener: Thank you. Rountree: Any other questions for him? Thank you for your testimony. This is a public hearing. Anyone else wish to testify? Applicant, do you want to follow up? Wardle: Mr. President, Council, once again Mike Wardle. It's kind of a -- I guess a sad fact of life that the infrastructure that's there will stay there until additional development helps provoke the need and also provides impact fee resources to help increase the capacity. Long range plans by ACHD certainly are for widening and adding capacity to the travel lanes along those arterials, but also to the roundabout. The roundabout will be expanded to a two lane facility within -- you know, again, depending on the timing that that could move forward. Certainly if nothing were to occur it would stay as it is and conditions would stay just as they are, even at the intersection of Eagle Road and Lake Hazel, which this project, unfortunately, does not abut and we can't do anything about that improvement. But that, again, becomes part of the long range planning by ACHD, the transportation entity. The first contact that we ever make in our projects is with the school district and their plan -- in fact, it's incorporated in your comprehensive plan has right in Meridian City Council November 18, 2014 Page 21 of 25 that section a school symbol and so when we met with Dr. Gestron the question came up of what facilities do you need and it was an elementary school. You're well aware that just a quarter mile to the north of -- a quarter mile east of Eagle and on Amity is a 40 acre high school site that within the next cycle or two likely will become perhaps the next high school constructed, but certainly it's on the radar screen. I don't know about the middle school issue that was raised by the first testimony, but clearly it's the decision of the highway -- excuse me -- of the West Ada School District now, with the new elementary site being provided here, the high school site where we are -- that middle school need and when it arises will be their decision. But we -- we are very aware of the need to accommodate school facilities and so we have taken that step and it has been incorporated into the heart of this project. Just to add to Mr. Croft's concern or question about the extension of that collector street to the north, we simply -- we don't have the property to the east or to the north of this area, so we provide the stub and the right of way to the location and the adjacent properties at some point will be responsible and will provide both the right of way and developments in the future will accommodate the extension of that street to Amity Road. I don't know that I have anything else to clarify, but, again, would answer any questions if there are additional. Rountree: Any additional questions? Bird: I have none. Wardle: Thank you very much. Rountree: Okay. Please state your name and address for the record. Stamper: My name is John Stamper. I live at 5623 South Akron Avenue. Boise. 83709. Okay. If it's already being discussed that the current roundabout is inadequate, so we have spent taxpayer money on one roundabout, now we are going to have to tear it out and put in a second one, are they going to do the same with piecemealing the roads? We can't get a school bond to pass anymore, because people are taxed enough and we are not utilizing resources because of the way the school districts are drawn up. What is going to -- how is this going to help the City of Meridian by building another large development in a place that doesn't have adequate support? I think that infrastructure should come prior to the houses. That's the way you keep the city moving forward. You don't build after the fact. After the fact is too late. You're already buried. Thank you. Rountree: Thank you. Any further testimony? Seeing none -- Milam: Mr. President? Seeing none, I move that we close the public hearing on AZ 14- 012 and PP 12-014. Zaremba: Second. Rountree: It's been moved and seconded to close the hearing on Item 8-E and F. Any discussion? Meridian City Council November 18, 2014 Page 22 of 25 Bird: I have none. Rountree: Roll call, please. Zaremba: Mr. President? Rountree: Oh. David. Zaremba: Oh, on the motion to close? Rountree: Yes. Zaremba: I'm sorry. I'm anticipating the next motion. Rountree: Motion to close. All in favor signify by aye. Opposed same sign? MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Mr. President? Rountree' All right. Mr. Bird. Bird: I move that we approve AZ 14-012 and to include all staff, application, and public content -- comments. Zaremba: Second. Rountree: It's been moved and seconded to approve Items 8-E and F. Any discussion? Zaremba: Mr. President, yes. Rountree: David. Zaremba: Just in reference to the responsibilities and the timing of some of our partner agencies, such as the school district and Ada County Highway District, yes, it would be wonderful if the full infrastructure could be in place ahead of time, but the current mechanisms for funding those things are pretty much as Mr. Wardle mentioned. Impact fees have to be collected off of the properties, that has to work its way through Ada County Highway District's funding mechanism and, unfortunately, that does cause often a lag where the facilities are not quite ready at the time where the developments are being built. ACHD works very closely with us and they do try and keep up. Unfortunately, keep up is not what most of us are looking for, we are looking for them to get out ahead. Their funding situation, which is not much better than anybody else's, means that they really do end up following and we have seen over the years that they do a pretty good job of catching up and, unfortunately, that's about all they can do. But they do see these Meridian City Council November 18, 2014 Page 23 of 25 projects as they come along, it goes through their approval process, as well as through ours, and becomes part of their radar for what they do need to fund in the future and, like I say, I agree with the gentleman that it seems like it lags, but they -- they tend to keep that lag a little short and that's an unfortunate fact of the way they are funded. Rountree: Further discussion? Comments? Bird: I have none. Rountree: Okay. Roll call vote, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve PP 14-014 and to include all staff, applicant, and public testimony. Cavener: Second. Rountree: It's been moved and seconded to approve Item 8-F. Any discussion? Roll Call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Ordinances A. Ordinance No. 14-1631: An Ordinance Amending Title 3, Business and License Regulations, Chapter 8, Private Security Services of the Meridian City Code, for the Purpose of Deleting 3-8-2 License Required; Exemptions; 3-8-3 Application for License; 3-8-4 License Issuance; Denial; Revocation; and Amending 3-8-5 Operating Requirements; and 3-8-6 Penalty; and Providing an Effective Date Rountree: Next item is ordinance. And, Bill, you're going to give us a little update on this? Meridian City Council November 18, 2014 Page 24 of 25 Nary: Yes. Thank you, Mr. President, Members of the Council. We talked about this ordinance at our recent workshop. This is just changing our private security ordinance to basically make sure that private security operators within the city didn't look like police officers or act like police officers or give the public the appearance of police officers, but we removed the licensing requirements that previously had been in place with the clerk's office. The only thing I wanted to bring to your attention -- based on some recent discussion with other cities, we didn't want to add to the misdemeanor load either of the various cities, including our own, so like we have done in other recent ordinances, we made the first two offenses infractions that are simply citable offenses that are subject only to fines and not jury trials and the third offense -- if you have a third offense of this type, then, it becomes a misdemeanor. So, I just wanted to make you aware that we decided to make just the first two offenses infractions only, again, not to add more to the court system burden that exists. We don't anticipate really anybody going beyond a warning, hopefully, if they were operating as a security guard with a like police officer uniform or like police officer type of equipment, so I don't anticipate that being problematic. But I just wanted to make you aware we made that change. Rountree: Thank you. Madam Clerk, if you would read the ordinance by title only. Holman: Thank you. City of Meridian Ordinance No. 14-1631, an ordinance amending the City Code of Meridian, private security -- an ordinance amending the City of Meridian private security services to eliminate licensing of private security guards, but requiring certain standards to be met by all private companies or agents operating within the City of Meridian and providing an effective date. Rountree: You have heard the ordinance read by title only. Is there anyone wishing to hear the ordinance in its entirety? Seeing none. Milam: Mr. President? Seeing none, I move that we approve Ordinance No. 14-1631 with suspension of rules. Bird: Second Rountree: It's been moved and seconded to approve Item 9-A, Ordinance 14-1631. Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 10: Future Meeting Topics Rountree: Any future meeting topics? Bird: I have none at this time. Meridian City Council November 18, 2014 Page 25 of 25 Item 11: Executive Session Per Idaho State Code 67-2345 (1)(d): To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code Rountree: Nobody? Okay. Thank you. And Item 11, Executive Session. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(d). Milam: Second. Rountree: It's been moved and seconded to go into Executive Session. Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSIONS: (7:08 p.m. to 7:43 p.m.) (Technical difficulties. No audio recording.) (Keith Bird: "Let the record show that no decisions were made.") (Motions made to adjourn.) MEETING ADJOURNED AT 7:43 P.M. (AUDIO OSE PROCEEDINGS) PRESIDE"A—R-LIEROUNTREE DATE APPROVED ATTEST: z 1z0 CITY CLE -� g IDTAN& �ionxo SgAL ��y @a��lbe YRE)511P6 Item #8A: Jericho (TEC -14-006) Application(s): Time extension Location: The property is located on the west side of Jericho Road; south of Chinden Boulevard. Summary of Request: The applicant is requesting approval of a one (1) year time extension. This is the fourth time extension requested for approval. The applicant states the development of the property has not progressed due to the number of projects under construction. With previous time extensions, the applicant has been required to comply with the current requirements of the UDC as follows: (TE -09-013) • Develop the property with 6% open space and two (2) amenities. (TE -10-034) • CZC and DES for the townhomes. • Submit a revised landscape plan to include the addition of two (2) amenities and mitigation for the existing trees (1 tree per buildable lot). • Implementation of regimented weed control, upgrades to the pressurized irrigation system and the removal of the arborvitaes by the timelines outlined by the developer. (TEC -12-010) • Comply with the new surety (performance implemented by the Public Works Department. • Provide regimented weed control as previous property. Staff recommends approval of the subject time extension. and warranty) requirements and street light standards approved and remove the remaining dead trees from the Written Testimony: Kent Brown agrees with staffs recommendation for approval. Carl Patten and Kathy Peterson submitted written testimony in opposition of the application. Update for Council: The applicant has submitted the revised elevations and committed to securing the house. Notes: Item #BB: Spurwing Rim (VAC-14.006) Application(s): Vacation Location: The site is located north of Chinden Boulevard and east of N. Jayker Way. Summary of Request: The applicant requests approval to vacate the two (2) 5-foot wide permanent public utilities, drainage, and irrigation (PUDI) easements located on the common lot line between Lots 7 and 8, Block 1 of Spurwing Rim Subdivision. The two lots have been approved to consolidate through a property boundary adjustment. Approval of the subject vacation application will remove the PUDI easements and allow the construction of a single home on the consolidated parcel. The property boundary adjustment of the parcel has necessitated the termination of one of the existing sewer services and one existing water service. Prior to applying for a building permit, the applicant shall coordinate with the Public Works Department on the abandonment process for the unused sewer service, and with United Water of Idaho on the water service. All public utilities (Idaho Power, Century Link, Cable One, Intermountain Gas) have given consent to relinquish the easements. The pressurized irrigation system is a private system, owned and maintained by the home owners association therefore; the Settlers Irrigation District has no jurisdiction over the easement area. Since none of the applicable utility providers object to the proposed vacation, Staff recommends approval of vacating the easements as proposed. Written Testimony: None Staff Recommendation: Approval Notes: Item #8C: Chinden and Linder Crossing (FP -14.041) Application(s): Final Plat Location: The site is located on the northwest corner of Chinden Boulevard and N. Linder Road Summary of Request: The applicant has applied for approval of a final plat consisting of nine (9) commercial lots and two (2) common lots on approximately 9.34 acres of land in the C -C zoning district. Staff finds the final plat to be in substantial compliance with the approved preliminary plat. The applicant has submitted written testimony in agreement with all of the conditions of approval. The applicant is responsible for constructing a Welcome to meridian sign along Linder Road. The original proposal was to have the Developer and City enter into a license agreement for the perpetual placement and maintenance of the sign. The Legal Department has advised staff that an easement will suffice in lieu of the executed license agreement. Therefore staff recommends the Council modify site specific condition of approval #13 to replace the term license agreement with easement. Written Testimony: None Staff Recommendation: Approval Notes: Item #81): Scentsy Commons Subdivision (FP -14.040) Application(s): ➢ Final Plat Size of property, existing zoning, and location: This site consists of 60.73 acres of land, is currently zoned I -L, L- 0 and C -G, and is located at 3001 E. Commercial Street & 2701 E. Pine Avenue at the SWC of Eagle & Pine. Summary of Request: The applicant requests approval of a final plat consisting of 7 commercial building lots on 60.73 acres of land. The property currently consists of 3 parcels of land that has been developed except for the western 12 acres; a street buffer was constructed on that portion that complies with UDC standards. Staff recommends prior to the west parcel being developed that an emergency access driveway is constructed in alignment with Hickory from Pine to Commercial Street. Written Testimony: Dave Yorgason, Applicant's Representative, requests the following changes to the conditions: • Site Specific Condition #6 — " ... temporary construction fencing to contain debris shall be installed around this phase the building site prior to release of building permits for this subdivision." • Site Specific Condition #9 — "Prior to the issuance of any new building permit for Lot 7, the property shall be subdivided and a driveway constructed in alignment with Hickory from Pine Street to Commercial Street for emergency access." Staff Recommendation: Staff recommends approval of the final plat with the changes to the conditions requested by the applicant. Notes: Item NE, F: Hill's Century Farm (AZ -14-012; PP -14.014) Application(s): ➢ Annexation & Zoning ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 221.8 acres of land, is currently zoned RUT in Ada County, and is located on the north side of E. Lake Hazel Road, east of S. Eagle Road. Comprehensive Plan FLUM Designation: 91+ acres - LDR (3 or less d.u./acre); 90+ acres — MDR (3 to 8 d.u./acre); and 40+ acres — MHDR (8 to 15 d.u.lacre) Update: Since the Commission hearing, the applicant submitted a revised plat & landscape plan, the changes are detailed in the memo to Council from staff dated 11/14/14 with one correction — the memo states the number of buildable lots stayed the same when they actually increased by 10. Summary of Request: The applicant requests annexation & zoning of 223.73 acres of land with an R-8 zoning district. The overall density of the subdivision is 3.06 d.u./acre with a breakdown of 2.99 d.u./acre in the area designated LDR; 3.18 d.u./acre in the MDR designated area; and 3.52 d.0/acre in the MHDR designated area. The applicant requests a "step" down in density from the MHDR to the MDR designation for the southern 40+/- acres of the site. The proposed R-8 zoning accommodates the proposed densities with approval of a'step" down in density for the MHDR portion. The preliminary plat consists of 685 SFR building lots, 43 common area lots and 1 lot for a future elementary school on 221.8 acres of land. The subdivision is proposed to develop in 16 phases as shown on the phasing plan. Secondary access is required for any portion of the development with 30 homes or more. Development will commence at the NWC of the project adjacent to Eagle Road & is anticipated to occur over the next 10 years. Access is proposed via 2 points from adjacent arterial streets - S. Eagle Road & E. Lake Hazel Road. Internal access is proposed via (east/west and north/south) collector streets — E. Taconic Drive/S. Newbridge Avenue & E. Highlander Drive, in accord with the Master Street Map. A temporary access via Eagle Road will be provided at the north end of the site until such time as 2 points of ingress/egress are constructed that meets the Fire Dept.'s standards, then it will be closed and only a pedestrian pathway will exist. The plat depicts connections to existing stub streets in Rockhampton Subdivision and stub streets to adjacent undeveloped parcels for future extension & interconnectivity. A portion of this site lies within the Meridian Floodplain Overlay District. A floodplain permit application is required to be submitted, reviewed and approved prior to any development within the overlay district. There are currently no plans to widen S. Eagle Road or E. Lake Hazel Road, although turn lanes into and out of the subdivision are proposed to be constructed by the developer within the extra ROW dedicated with this plat. The Capital Improvement Plan (CIP) designates Eagle Road between Amity & Lake Hazel Roads to be widened to 5 lanes between 2022 and 2026; Lake Hazel between Eagle & Cloverdale Roads is scheduled to be reconstructed & widened to 5 lanes between 2027 and 2031. The Traffic Impact Study (TIS) recommends the installation of either a round -a -bout or a signal at the Eagle/Taconic intersection. To ensure there is sufficient right-of-way (ROW) to accommodate either improvement, ACHD recommends that additional ROW is provided. A landscape plan was submitted that depicts street buffers and open space in accord with UDC standards. Based on the area of the plat minus the school lot, a minimum of 10% (21.36 acres) of qualified open space is required; a total of 16% (35.4 acres) is proposed consisting of common lots, parkways, street buffers, and the Ten Mile Creek pathway corridor in accord w/UDC standards. Parkways are proposed throughout the development along all streets. The Ten Mile Creek runs along the west boundary of the southern portion of this site from Lake Hazel & extends north through the site to Eagle Road. A segment of the City's multi -use pathway system is proposed along the west side of the creek on the northern portion of the site in accord with the Master Pathways Plan. A minimum of 10 amenities are required to be provided w/this development. The applicant proposes to provide a community center, tot lot playgrounds, exercises stations, passive gathering space seating, a regional pathway, micro -paths, and land reserved for an elementary school. A 6 -foot tall solid fence is proposed to be constructed by the developer around the perimeter of the subdivision; no other fencing is proposed. Fencing is required to be constructed by the developer in accord with UDC standards adjacent to micropath connections to distinguish common from private areas. The applicant has submitted some typical sample building elevations for future homes in this development as shown. Building materials are proposed to consist of architectural shingles and a mix of board and batten and lap siding and stucco with cultured stone wainscot. Because homes on lots that back up to S. Eagle Road and E. Lake Hazel Road will be highly visible, staff recommends the rear or sides of structures that face these streets incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Commission Recommendation: Approval w/conditions listed in Exhibit B of the staff report Summary of Commission Public Hearing: i. In favor: Mike Wardle, David Turnbull — Brighton Corp. ii. In opposition: Lani Wageman; Keith Miller iii. Commenting: Howard Belodoff iv. Written testimony: Mike Wardle, Applicant (in agreement w/the staff report) Key Issue(s) of Discussion by Commission: i. None Key Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: L Since the Commission hearing, the applicant submitted a revised preliminary plat & landscape plan (see memo from staff dated 11/14114 for details of the changes) Written Testimony since Commission Hearing: None Notes: Meridian City Council Meeting DATE: November 18, 2014 ITEM NUMBER: 5 PROJECT NUMBER: ITEM TITLE: PROCLAMATION Proclamation for Pancreatic Cancer Awareness Month MEETING NOTES V Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS (✓'�/�E IDIAN�- IDAHO The Office of the Mayor PROCLAAVLATIOX Whereas, in 2014, an estimated 46,420 people will be diagnosed with pancreatic cancer in the United States and 39,590 will die from the disease, including approximately 210 people in Idaho; and, Whereas, pancreatic cancer is the fourth leading cause of cancer death in the U.S., and has a five-year survival rate of just six percent; and, Whereas, the incidence and death rate for pancreatic cancer are increasing and pancreatic cancer is anticipated to move from the fourth to the second leading cause of cancer death in the U.S. by 2020; Whereas, the Pancreatic Cancer Action Network is the national organization serving the pancreatic cancer community in Meridian and nationwide through an approach that includes public policy, research funding, patient services, and public education related to developing effective treatments and a cure for pancreatic cancer; and, Whereas, the Pancreatic Cancer Action Network and its affiliates in Idaho support those patients currently battling pancreatic cancer, as well as those who have lost their lives to the disease, and are committed to nothing less than a cure; Therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim the month of November as Pancreatic Cancer Awareness Month in the City of Meridian and call upon the people of our community to increase awareness of pancreatic cancer and the continued need for funding and research into early detection, causes, and effective treatments. Dated this 18°i day of November, 2014. LGc-C-1 . R__ _ Tammy de Weerd, Mayor Charlie Rountree, City Council President Keith Bird, City Council Vice President David Zaremba, City Council Luke Cavener, City Council Genesis Milam, City Council Joe Borton, City Council Meridian City Council Meeting DATE: November 18, 2014 ITEM NUMBER: PROJECT NUMBER: FP 14-039 ITEM TITLE: TM CREEK SUBDIVISION NO. 1 Final Order for Approval: FP 14-039 TM Creek Subdivision No. 1 by SCS Brighton, LLC Located Southeast Corner of W. Franklin Road and S. Ten Mile Road Request: Final Plat Approval Consisting of Eight (8) Building Lots and One (1) Common Lot on 6.88 Acres of Land in a C -G Zoning District MEETING NOTES a Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 8 COMMERCIAL ) BUILDING LOTS AND 1 COMMON ) LOT ON 6.88 ACRES OF LAND IN ) A C -G ZONING DISTRICT FOR TM ) CREEK SUBDIVISION NO. 1 ) BY: SCS BRIGHTON, LLC ) APPLICANT ) HEARING DATE: NOVEMBER 5, 2014 CASE NO. FP -14-039 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on November 5, 2014 for final plat approval pursuant to Unified Development Code (UDC) I 1-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: The Final Plat of "PLAT SHOWING TM CREEK SUBDIVISON NO. 1, LOCATED IN A PORTION OF THE NORTHWEST/40F THE NORTHWEST %4, OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2014, HANDWRITTEN DATE: 9/30/14, LAWRENCE H._KOERNER, PLS, SHEET 1 OF 3," is conditionally ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CREEK SUBDIVISION NO. 1 Page 1 of 3 approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated November 5, 2014, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Michael Wardle, a true and correct copy of which is attached hereto marked "Exhibit 13" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CREEK SUBDIVISION NO. 1 Page 2 of 3 Please take notice that this is a final action of the governing body of the City of 'Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the day of Attest: rfp, ui J ee Ho an City Clerk By: C --,n ,mnmq4e-AAAeeF4 Giati( kvtl' u� Maw, City of Meridian Copy served upon the Applicant, Planning Department, Public Works Department, and City Attorney. By: Dated: Move rv,�PAf— ( S� I 001q ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CREEK SUBDIVISION NO. 1 Page 3 of 3 EXHIBIT A STAFF REPORT MEETING DATE: November 5, 2014 TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 (�iETIAN Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: FP -14-039 — TM Creek Subdivision No. 1 L APPLICATION SUMMARY The applicant, SCS Brighton, LLC, has applied for final plat (FP) approval of 8 commercial building lots and 1 common area lot on 6.88 acres of land in a C -G zoning district for TM Creek Subdivision No. 1. H. STAFF RECOMMENDATION Staff recommends approval of the TM Creek Subdivision No. I final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number FP -14-039 as presented in the staff report for the hearing date of November 5, 2014, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP -14-039, as presented during the hearing on November 5, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP -14-039 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at the southeast corner of W. Franklin Road and S. Ten Mile Road, in Section 14, T. 3N., R. 1W. B. Applicant: SCS Brighton, LLC 12601 W. Explorer Dr. #200 Boise, ID 83713 C. Owner: Same as applicant TM Creek Subdivision No. I FP-14-039.doc PAGE I I0,94461114 Y�1 D. Representative: Michael D. Wardle, Brighton Corporation 12601 W. Explorer Dr. #200 Boise, ID 83713 V. STAFF ANALYSIS The proposed final plat depicts 8 building lots and 1 common area lot on 6.88 acres of land in a C -G zoning district. Development of the lots proposed in this phase are required to comply with the dimensional standards of the C -G zoning district listed in UDC Table 11-213-3. Staff has reviewed the proposed plat for compliance with the aforementioned dimensional standards and found the plat to be in compliance with those standards. In accord with the preliminary plat conditions of approval, the applicant submitted a phasing plan for the development, included in Exhibit C. Staff has no objections to the phasing plan; development of the site should substantially comply with the phasing plan. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and although the lot configuration is a little different, it's still in substantial conformance per the standards listed in UDC 11 -6B -3C.2, as the number of buildable lots and the amount of open space are the same. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ -13-015, Development Agreement Instrument #114045759); and preliminary plat (PP -13-030). 2. The applicant shall obtain the City Engineer's signature on the final plat within two (2) years of City Council approval of the preliminary plat (on or before April 1, 2016); or, apply for a time extension on the preliminary plat in accord with UDC 11-613-7. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Timberline Surveying, stamped on 9/30/14 by Lawrence H. Koerner, shown in Exhibit C shall be revised as follows: a. Include the recorded instrument numbers for the ACED sidewalk easements and access/utility easement on the face of the plat. b. Depict the ACHD sidewalk easement along Ten Mile Road in the location required below in condition #5c. c. A 5 -foot wide dry -utilities corridor should be provided along both sides of the street curb along Ten Mile Creek Drive and Franklin Crossing Avenue in accord with the TMISAP unless utilities are located in the street, or as otherwise approved. d. A 20 -foot wide landscaped street buffer is required along both sides of W. Ten Mile Crossing Drive, a collector street, in accord with UDC Table 11-213-3 and shall be on common lots or on permanent dedicated buffers to be maintained by the property owner or business owner's association in accord with UDC 11 -3B -7C.2. 5. The landscape plan prepared by The Land Group, dated August 29, 2014, shown in Exhibit D, shall be revised as follows: a. The label "PB" is depicted on the plan but is not included in the plant schedule; revise accordingly. TM Creek Subdivision No. I FP-14-039.doc PAGE 2 EXHIBIT A b. A 20 -foot wide landscaped street buffer is required along both sides of W. Ten Mile Crossing Drive, a collector street, in accord with UDC Table 11-2E-3 and landscaped in accord with the standards listed in UDC 11 -3E -7C. c. A 10 -foot wide detached pathway is required along S. Ten Mile Road some distance from the roadway in accord with the Development Agreement. d. Street lights at a pedestrian scale are required within the tree/lawn area along S. Ten Mile Road and W. Ten Mile Crossing Drive in accord with the TMISAP; depict on plan. 6. The applicant shall submit a minimum 14 -foot wide public pedestrian easement for the multi -use pathway along S. Ten Mile Road to the Park's Department for approval by City Council and recordation, prior to signature on the first final plat by the City Engineer. 7. The applicant shall coordinate with Elroy Huff, the City Arborist, (888-3579) prior to removal of any trees on the site. Mitigation may be required for any trees removed from the site in accord with the standards listed in UDC 11-313-10C. 8. All fencing installed on the site shall comply with the standards listed in UDC 11-3A-6 and 1I - 3A -7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 9. Development of this site should substantially comply with the phasing plan included in Exhibit C. 10. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 11. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 12. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-1378.3). The City of Meridian owns and operates a reclaimed water system along the South Ten Mile Road frontage of this parcel. Applicant shall coordinate with the Public Works Department on the possible connection to this system for the provision of landscape irrigation water. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. TM Creek Subdivision No. I FP-14-039.doe PAGE 3 EXHIBIT A 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887- 2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line iten final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, and pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-12-3H. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACED. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the TM Creek Subdivision No. 1 FP-14-039.doc PAGE 4 EXHIBIT A ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. Easements must be submitted, and approved prior receiving development plan approval. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. V. EXIIHBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 5/8/14) C. Proposed Final Plat (dated: 9/30/14) & Phasing Plan D. Proposed Landscape Plan (dated: 8/29/14) TM Creek Subdivision No. 1 FP-14-039.doc PAGE 5 EXHIBIT A Exhibit A — Vicinity Map TM Creek Subdivision No. 1 FP-14-039.doc PAGE 6 FM .11_ :1 Exhibit B — Approved Preliminary Plat FOR OWNER KE ER I TM CREEK PRELIMINARY PIAT 120907-6 =•.4 0 REVIEW - BR1a HTON sNE Lavour Nm rn.rn n-� COIUS 710N .10F3 TM Creek Subdivision No. 1 FP-14-039.doc PAGE 7 EXHIBIT A Exhibit C —Proposed Final Plat (dated: 9/30/14) II ; z a Y44rva.. Ci£gf yygKf�`sG� GGyyi p R t��P QRtivM �6I� 4 i0 fqw+.�L nRI{_4nr 'lfE�9Efle RFmr e§ v_Y4"� •mM oii4t193 _ 10 .� v 0 T TM Creek Subdivision No. 1 FP-14-039.doc PAGE 8 EXHIBIT A e�vlqicr To C4440% RA,5t D � 5 /-(LNA C *MA"I i) pt—(y f t t A -c" � AV P R tW A -LS AFM )M Pfd til e�Ma CJ' o TEJV Lpl , ©Conap�lBXei��B11lWONMboMWe1M�INrrk�G1 •. TM Creek Subdivision No. 1 FP-14-039.doc PAGE 9 EXHIBIT A Exhibit D — Proposed Landscape Plan (dated: 8/29/14) ltlxliWe4LLrc LL.y.p. Y.. Yuba YwM{gu!— { p SHEET Lt. . _ — — — 1 �\YeA �YW�o �e\MxAJf 4.WonslWuu r. SHEET L1 Ni TM Creek Subdivision No. 1 FP-14-039.doc PAGE 10 EXHIBIT A � l!IIII 'ice x f -�R• TY 1 � � � rt �m TM Creek Subdivision No. 1 FP-14-039.doc PAGE 11 EXHIBIT B Sonya Watters From: Mike Wardle <MWardle@brightoncorp.com> Sent: Thursday, October 30, 201411:23 AM To Jaycee Holman; Machelle Hill; Jacy Jones Cc: Sonya Watters; Bruce Freckleton; David Turnbull; Steve Smith (ssmith@hcollc.com); ms@zokegroup.com; Craig Hilbig (chilbig@hcollc.com); Jon Wardle Subject: RE: TM Creek Subl FP Staff Report for November 5th Council Mtg All, We have reviewed the TM Creek Subdivision No. 1 final plat staff report and concur with the recommended conditions of approval, and request that the matter be placed on the City Council's consent agenda. A representative will attend to answer questions, if any. Michael Wardle Directot of Planning Brighton Corporation 12601 W. Exploret, Suite 200 1 Boise, Idaho 83713 Direct 208.287.0512 1 CcU 208.863.6150 From: Sonya Watters[mallto:swattersCnlmeridiancitv.oraj Sent: Wednesday, October 29, 2014 3:19 PM To: Mike Wardle; David Turnbull Cc: Bruce Freckleton; Holly Binkley; Jacy ]ones; Jaycee Holman; Machelle HIII Subject: TM Creek Subi FP Staff Report for November 5th Council Mtg Mike ; Please submit a written response to the staff report to the City Clerk's office (iholman@meridiancitv.orQ, .mhill@meridiancitv.ore, hones@meridiancitv.org) and myself (e-mail or fax) by 3:00 pm the Thursday prior to the hearing.. If you are In agreement with the conditions of approval contained in the staff report and you submit a written response accordingly by Thursday at 3:00 pm, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it Is still recommended you attend the meeting In the event the item is pulled off of the consent agenda. If you do not respond to the staff report by Thursday, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Thanks, Sonya 489-0578 Meridian City Council Meeting DATE: November 18, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: BIENVILLE SQUARE SUBDIVISION NO. 3 Bienville Square Subdivision No. 3 Water Main Easement MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 18, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Resolution No. 0'J I A Resolution Amending the Community Development Block Grant Program Year 2013 Action Plan to Reallocate De -obligated Prior Year Funds to the PY2013 Centennial Park ADA Restroom Facility to Cover Cost Increases. MEETING NOTES lJ 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. N1031 03 BY THE CITY COUNCIL: BIRD, BORTON, CAVE, NER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION AMENDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2013 ACTION PLAN TO REALLOCATE DE -OBLIGATED PRIOR YEAR FUNDS TO THE PY2013 CENTENNIAL PARK ADA RESTROOM FACILITY TO COVER COST INCREASES; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST TO THE SAME ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian is an Entitlement City and receives federal funding annually under the Community Development Block Grant (CDBG) program; and WHEREAS, the city adopted, and the United States Department of Housing and Urban Development (HUD) subsequently approved, a CDBG Action Plan for Program Year 2013 (PY2013) and a Citizen Participation Plan as part of the 2012-2016 Consolidated Plan; and WHEREAS, the construction costs for the Centennial Park ADA Restroom Facility are higher than originally estimated; and WHEREAS, a substantial amendment is NOT required per the Citizen Participation Plan when an activity funding changes by less than 25 percent (<251/o); and WHEREAS, the city proposed a minor amendment to the PY2013 CDBG Action Plan to re -allocate $7,677.38 from de -obligated prior year funds to the PY2013 Centennial Park ADA Restroom Facility project to cover the increase costs; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the PY2013 Action Plan and the certification documents, incorporated herein by reference is hereby amended as described in Attachment 1. Section 2. That the Mayor, the City Clerk, and the CDBG Grant Administrator are hereby authorized to respectively execute, attest and submit to HUD said PY2013 minor amendment for and on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. OfA- ADOPTED by the City Council of the City_ of Meridian, Idaho, this I � day of November, 2014. APPROVED by the Mayor of, e City of Merrdiait, Idaho, this _f ' day of November, 2014. I, F � APPROVED: Lac? . 2� �°•� ''i� =":% � r �vt CO RESOLUTION AMENDING CDBG PY13 ANNUAL ACTION PLAN ATTEST: (c� By: SOY Ja e I lmat , rk Table 3C (Amended) Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Suitable Living Environment—Public Facility Project Title: Centennial Park ADA Restroom Facility Description: The City of Meridian Parks and Recreation Department will use the CDBG funding to design and construct an ADA accessible restroom facility within Centennial Park where no restroom facilities currently exist. Objective Category: ®Suitable Living Environment ❑Decent Housing ❑ Economic Opportunity Outcome Category: ❑ Availability/Accessibility ❑ Affordability ® Sustainability Location/Target Area 223 E. Idaho Avenue, Census Tract 103.21, Block Group 1 HUD Objective Number Project ID SL 3 HUD Matrix Code CDBG Citation 03F 24 CFR § 570.201(c) Type of Recipient C DBG National Objective Subrecipient LMA Start Date Completion Date 10/1/2013 12/30/2014 Performance Indicator Annual Units Public facility 1 Local ID Units Upon Completion 1 public facility The primary purpose of the project is to help: Funding Sources CDBG $98,667.38 ESG HOME HOPWA Total Formula $98,667.38 Prior Year Funds Assisted Housing PHA Other Funding Total $98,667.38 ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs Meridian City Council Meeting DATE: November 18, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Resolution No. I - 1032- : A Resolution Declaring Surplus Property and Authorizing the Mayor of the City of Meridian to Donate Various Furniture Items to the Idaho Youth Ranch. 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 CITY OF MERIDIAN RESOLUTION NO. _ lq— �D3oZ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN SETTING FORTH FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY AND AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO DONATE VARIOUS FURNITURE ITEMS TO THE IDAHO YOUTH RANCH. WHEREAS, it is in the best interest of the City of Meridian to declare that the furniture items described below as surplus as they are no longer needed or used by the City of Meridian; and WHEREAS, the City of Meridian's purchasing policy allows surplus City property to be transferred to charitable organizations when the value of the property in question is of nominal value, that is, valued at less than the cost of disposing of the property; and WHEREAS, the cost of maintaining the furniture items until they were sold, if they could be sold, exceeds their value to the City of Meridian and would result in the unnecessary expenditure of City funds; and WHEREAS, the City of Meridian desires to donate the furniture items listed in Exhibit "A" to the Idaho Youth Ranch, a non-profit charitable organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, the stated mission of which is to provide troubled children a bridge to a valued, responsible and productive future. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: Section 1. That the Mayor and City Council hereby authorize and declare the furniture items as surplus property. Section 2. That the Mayor and City Council hereby authorize the conveyance of the furniture items described herein to the Idaho Youth Ranch. pp ADOPTED by the City Council of the City of Meridian, Idaho, this I U day of November, 2014. APPROVED by the Mayor of the City of Meridian, Idaho, this day of November, 2014. CITY OF MERIDIAN: Tammy de Weerd, Mayor Attest: cis, �r O 9 icee a Clerk RESOLUTION AUTHORIZING DONATION OF FURNITURE TO IDAHO YOUTH RANCH PAGE I OF 1 5- a i3 9 0 m G o m 0 w a O � O N � O 'g O m � v ¢ N w w � N a w D w a � V! D a � r N D N � 6 � o w w ro C w a � m m p NF I -Tj Tom _ 5 Q r T m P- m m 0 n 00 -go DM o L Z Tn N 3 X to C)� N oma oo� mD�mn 0500 O Y1 T7 'TI w w o ry o N �go� :32o3fmmE , a=5 p �f —10 Djn i 00 o A Mo, 0 C�aoam00 g' -o- r �3 ��3�agmg ti� m A8 xmm,oaw�mc a o a m V O 9 N MM ao 3 a a< �.a o NO 'S.¢mm n 0M m m ComfD'3o a� n3 o m � O 0 a o o O 0 0 a N m Xa w � v a, rD Cl) o 0 a m a D o � a y c C --I N O Z A CM:: W Meridian City Council Meeting DATE: November 18, 2014 ITEM NUMBER: 6E PROJECT NUMBER: ITEM TITLE: SOUTHEAST CORNER MARKETPLACE SUBDIVISION NO. 2 Southeast Corner Marketplace Subdivision No. 2 Water Main Easement 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 2014-093874 BOISE IDAHO Pgs=7 VICTORIA BAILEY 11/19/201411:20 AM MERIDIAN CITY NO FEE IIIIIIII III111111IIIIIIIII1111111II111111 IIII11111 00041380201400938740070078 WATER MAIN EASEMENT 18 nbv //�1 THIS INDENTURE, made this A+ day of �, 20� between Re (() Q o 1 sf LLC, 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 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, repair, replacement and subsequent connection 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, performing maintenance, replacements or subsequent connections to the water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. 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. Water Main Easement EASMT WAT 11-15-13.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Relo Boise, LLC, An Arizona Limited Liability Company 1\ A tj Water Main Easement EASMT WAT 11-15-13.doc ACKNOWLEDGMENT State of California yy�� ���II County of SUh l>�Y�A r/t�0-2 ) On V 1 2It1 before me, V) C76 0 I 1 V I' 1r, (insert namb and title of the officer personally appeared V Y L' � -� Vcv v�— who proved to me on the basis of satisfa to evidence to be the personal whose namets) is/are- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisIbAWtheir authorized capacity(iesj, and that by his/her/tlaeir signature(-,) on the instrument the persorKa), or the entity upon behalf of which the person(s)-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my, hand and official seal. VICKYOLIVIAREYNA CNN*-, n No. 1934531 NbTARY KWC-CALIFORNIA SAN BERNARONIO COUNTY Signature (Seal) MY OMW BOn APO 30,2015 GRANTEE: CITY OF MERIDIAN G c <-- Approved Approved By City Council STATE OF IDAHO, ) : ss County of Ada ) On this 1 Cl day of nbjcm bei✓ , 20VA efore e the undersigned, a Notary Y1�e_ Un `�'Caned Public in and for saidSStatte, personally appeared Tenmff-C# Jaycee L. Holman, known to me to be telMayor 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. f O.We $1 Residing at: cel JID Commission Expires: Vit` Sed CP� le.®Q�n.,ew-�-• Water Main Easement EASMT WAT 11-15-13.doc (SEA Ingo '0 f O.We $1 Residing at: cel JID Commission Expires: Vit` Sed CP� le.®Q�n.,ew-�-• Water Main Easement EASMT WAT 11-15-13.doc October 15, 2014 Project No. 114027 Shops B Water Easement Description Lot 16 Southeast Corner Marketplace 249 Square Feet EXHIBIT"A" Page 1 of 1 An easement being a part of Lot 16, Block 1, of Southeast Corner Marketplace Subdivision No. 2 (a subdivision on file in Book 101 of Plats at pages 13337 - 13340, records of Ada County, Idaho), situated in the Northwest One Quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at the southeast corner of Lot 16, Block 1, of said Southwest Corner Marketplace Subdivision No. 2, thence following the easterly line of said Lot 16, North 1°51'07" East a distance of 105.27 feet; Thence leaving the said easterly line, North 88°08'53" West a distance of 86.51 feet to the POINT OF BEGINNING. Thence North 88°08'53" West a distance of 10.00 feet; Thence North 1'51'07" East a distance of 24.85 feet; Thence South 88"08'53" East a distance of 10.00 feet; Thence South 1°51'07" West a distance of 24.85 feet to the POINT OF BEGINNING. The above-described tract of land contains 249 square feet, more or less. Attached hereto is Exhibit B and by this reference is made a part hereof. O�ypt,LAft Prepared By: THE LAND GROUP, INC. yyti ENS G� 462 E. SHORE DRIVE, SUITE 100 0 EAGLE, IDAHO 83616 w 14216 z 208-939-4041 208-939-4445 (FAX) J'T 'Tf OF 0 � AEL a. /0./.&. 2cvq 19 �LJ< olffi_ -I h( ._ __ _Mie., C;�, , x WW w.thelanderouoincxom a 2 Situated in the NW 1/4 of Section 4, Township 3 North, Range 1 East, B.M. City of Meridian, Ada County, Idaho 2014 Shops B PROPOSED NEW WATER EASEMENT 249 SQ. Fit Southeast Corner Marketplace Subdivision No. 2 Block 1 Lot 16 I ® w w_w._w I I ------ E--hr I I Lot 17 fry FNRINFFR/CI IRVFVr1R j I I II I j I 31 I I I II I I I I I 31 I I I I I I 31 I I I I I I I I I I I I I I I I I I —w I I I I al I I I I I I II I I I I I al I II EXISTING SEWER k I N I L WATER EASEMENT I ly I _ AL LA N ODsfip L a 14216 OF j0.16.2o/�jl PRr1.IFCT INPORMATIr1N Rrale- V= 30' `ti /see THE LAND GROUP, INC. o• jfAlr G�„d.....,..,...,,:.,.' -. ,.. -- r. v, worm rma mo ar.� r „ I, Exhibit B Shops B Water Easement SE Corner Marketplace 10/15/2014 114027 1 of 1 Title: Scale: t inch= 10 feet I File: Tract I. 0.006 Acres: 249 Sq Feet: Closure= n00.0000e 0.00 Feet: Precision >i/999999: Perimeter= 70 Feet 001=n88.0853w 10.00 003=s88.0853e 10.00 002=n1.5107e 24.85 004=sl.5107w 24.85 Dater 10-15-2014 Meridian City Council Meeting DATE: November 18, 2014 ITEM NUMBER: 6F PROJECT NUMBER: FP 14-042 ITEM TITLE: PARAMOUNT SUBDIVISION NO. 28 FP 14-042 Paramount Subdivision No. 28 by SCS Brighton, LLC Located North Side of W. McMillan Road and East of N. Linder Road Request: Final Plat Approval Consisting of 42 Single -Family Residential Building Lots and Five (5) Common/Other Lots on 13.10 Acres of Land in an R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY I SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 18, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: MESSINA MEADOWS SUBDIVISION NO. 5 Messina Meadows Subdivision No. 5 Sewer Easement No.3 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 2014-093873 BOISE IDAHO Pgs=5 VICTORIA BAILEY 111191201411:20 AM MERIDIAN CITY NO FEE 11111111 1111111 11111111111 1111111 1 111111 111111111 00041376201400939730050059 SANITARY SEWER EASEMENT �i No.ieMlx� THIS INDENTURE, made this afl/' day of fit, 2014, between B & L Idaho 2 LLC, an Idaho limited liability company, 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; V311IM*813111 WHEREAS, the GRANTORS desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer 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 over and across the following described property: (SEE ATTACHED EXHIBIT A and EXHIBIT B) The easement hereby granted is for the purpose of construction and operation of a sewer line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection 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, performing maintenance, replacements or subsequent connections to the sanitary sewer mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. 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. Sewer Main Easement EASMT SEW 11-15-13.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ) : ss. County of Ada ) B & L IDAHO LLC, an Idaho limi ted liability company V� By: til xJ, M V Leri Its: M A+JA '(IV Iz Address: -49, Ld 20 15� I D fs 31 O 7 On this day of Aub! t7 2014 befor my, the undersigned Notary Public in and for said State, personally appeared W1 t� 1 d/i1'1 T �elr , known or identified to me to be the , ofthe limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF; I have hereuntoset my d and affixed my official seal the day and year fixsti"gg written. SFA N. SITf Ay %� NOTARY PUBLIC FOR IDAHO * +•+ ; * _ Commission Expires: t('09- ZVI - �0V9L�G q•. PCO � pF 10 Sewer Main Easement X", &' ly- S EASMT SEW 11-15-13.doe GRANTEE: CITY OF MERIDIAN C-7 . cZ—� 7i{test JWJaycee L. Holman, Ci E1 IAI� o„No Approved By City Council On: S STATE OF IDAHO, ) : ss County of Ada ) On this lb day of _Nove,mbejV 20 before me, the undersigned Notary Public in and _ , gSaid State, personally appeared Tat � �` V an�d5aycee 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. j l�tiv u; Commission Expires: `n, ri L`t� z��-es�dkn) Ak 0 t�nd«n �. 3/s Sewer Main Easement EASMT SEW 11-15-13.doe [Amirraw Description for Sanitary Sewer Easement Legal Description Messina Meadows Subdivision No. 5 Sewer Easement No. 3 An easement being located in the SW %of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows; Commencing at an Aluminum Cap monument marking the southwest corner of the SE % of Section 29, from which a 5/8 Inch diameter iron pin marking the southeast corner of the SE '% of said Section 29 bears S 89°43'43" E a distance of 2656.26 feet; Thence N 0°1513" E along the westerly boundary of said SE %, a distance of 721.02 feet to a point; Thence N 58054'03" W a distance of 29.12 feet to a point; Thence N 51°29'42" W a distance of 225.33 feet to a point; Thence N 52°49'36" W a distance of 545.07 feet to a point; Thence N 33°29'38" W a distance of 49.83 feet to a point; Thence N 0003'36" E a distance of 36.23 feet to the POINT OF BEGINNING; Thence N 33°26'30" W a distance of 53.26 feet to a point on the prolongation of the southerly boundary of Bellingham Park Subdivision No. 3 as shown in Book 101 of Plats on Page 13430, records of Ada County; Thence S 89°41'56" E along said prolongation a distance of 29.40 feet to a point; Thence S 0°03'36" W a distance of 44.29 feet to the POINT OF BEGINNING. This parcel contains 651 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC August 20, 2014 La17C'155blutboil Messina Meadows No. 5 1✓/Wnd Survrying ane Canmlllno Job No. 13-28 EXHIBIT A to Sewer Main Easement EXHIBIT B Depiction of Sanitary Sewer Easement 0 x F. N& o ; M > z,M U1 a .oz ?O� N N O ] V L6 i PR p ba O d En D m ,, 5 00"' oFF N- m O Cy p LA sFW ao LA _ z 4 D �+ m 4ti L ly'° N p'15'IT E ]21.OJ� M O sr M Y, LA h g � Z NN Z .S O a / L GG��GGm n W 0 m o I NC�i=y m x xm v = U) =onus f' L, 0 x o tiff— ;aur I z Z 4 �sR z 7 o AEsuA � L E� I nAY `a £PAWCI d — ��osqgdEMWOW ma o YYL 0 m I $ R.N N u �rt I n E rt EXRMIT B to Sewer Main Easement Meridian City Council Meeting DATE: November 18, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: OAKS SOUTH SUBDIVISION NO. 1 Oaks South Subdivision No. 1 Sewer Easement 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 2014-093877 BOISE IDAHO Pgs=6 VICTORIA BAILEY 11/19/2014 11:22 AM MERIDIAN CITY NO FEE 1111111111111111111111111111111111111111111111111111 00041385201400938770060066 SANITARY SEWER EASEMENT THIS INDENTURE, made this —R day of Nov, 2014 between New Oaks LLC, 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 main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to 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 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 mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection 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 making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. 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 Oaks Off -Site Sanitary Sewer Main 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 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. The Oaks Off -Site Sanitary Sewer Main Easement IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: New Oaks LLC U\\ -C-- \ Thomas M. Coleman, Jr. President, Coleman Communities, Inc. Manager, Coleman Homes LLC Manager, New Oaks LLC STATE OF IDAHO ) SS. County of Ada ) On this day of lyd�G�c�xv 20 M, before me the undersigned, a Notary Public in and for said state, personally appeared Thomas M. Coleman, Jr., known or identified to me to be the person whose name is subscribed to the within instrument as the President of Coleman Communities, Inc., Manager of Coleman Homes LLC, Manager of New Oaks LLC, 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 first above written. The Oaks Off -Site Sanitary Sewer Main Easement 2LO PC NO ARY PUBL FO�i IDAHO Residing Commission Expires: GRANTEE: CITY OF MERIDIAN �.�Ck.S/`oc-a�_ chi -0044 �, Cote by Mycee L. I467t i, City Approved By City Council On: STATE OF IDAHO ) ss County of Ada dD AU(,' g. On this day of 2014 fore trVhe undersigned, a Notary T,..... 10.r.�x � cieliT i/.._�v�'+FYCR- Public in and for said State, personally appeared crc and Jaycee L. Holman, known to me to be ttieW'�or 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. •� o�JOy�S••. • ti ' AR •.STATE O.• The Oaks Off -Site Sanitary Sewer Main Easement NOT"Y PtMLIV F Residing at: He Commission Expires: R— EXHIBIT A July 24, 2014 DESCRIPTION FOR OFF-SITE MERIDIAN CITY SANITARY SEWER EASEMENT PROPOSED THE OAKS SOUTH SUBDIVISION NO. 1 An easement located in the NW Y of Section 33, T. 4 N., R 1 W., B.M., Meridian, Ada County, Idaho, being a strip of land 20.00 feet in width, centered about the following described easement centerline: Commencing at the NE corner of the NW Y (North'/ comer) of said Section 33, from which the NW corner of said section bears North 89°16'58" West, 2635.25 feet; thence along the north boundary of said NW '/a North 89°16'58" West, 233.51 feet; thence leaving said boundary South 00°43'02" West, 650.91 feet to the BEGINNING POINT of said easement centerline, Thence South 44°31'58" West, 10.24 feet; Thence South 73009'40" West, 288.44 feet; Thence North 18'54'12" West, 178.83 feet; Thence North 50°58'45" West, 91.73 feet; Thence North 89°16'58" West, 603.93 feet; Thence South 83°11'30" West, 218.62 feet; Thence North 88°07'20" West, 109.90 feet; Thence North 76°13'41" West, 152.49 feet; Thence North 89°27'21" West, 906.97 feet to a point on the west boundary of said NW '/, the ENDING POINT of said easement centerline. Containing 51,223 SF, more or less. 130626-offsitess.docx 1660-9£6 (900 -0j 0960-9£6 (90Z) a -04d 0HV01 'A1N000 VOV 'NVIG83W a 449£9 0HVOI 'NV]0183L9 'W'8 ' ML'il ''Nb'1 OOL '31S %S OWVSO2l -N 6ZOL C£ N01103S JO b/L MN 3H1 NI 031VO01 0 \ N o 'ON H110SSldO ]Hi a3SOdOSNUl/7psw o � JNI�1�1�N1a'IN1N3W3SV3 d3M3S kHVilNVS 311S-330 w o w o =w NVl(1l j3W 30 AM w s� �o NZ O 7N N l n �1%�� (ORO��s2 3�1 o 00 srr y ,16'059 M„Z0,£7o0 S Q 3 LldSGV�� U z I( ^mom 2 trl II 3 m U lIo _ �I 1113 z m Ill, 3I Ill 11P bl� I1 I1 3 ll I�Z CD I �'n �3m cul 0 II - o II =_ III b Ill z Illm Ills 113 h Ilk Z IIIm 4 Illi 2 01-4 2 —1 %—,0l OZ —{:— N I M I1 N OV08 11ow830:)w •N Meridian City Council Meeting DATE: November 18, 2014 ITEM NUMBER: 61 PROJECT NUMBER: ITEM TITLE: MESSINA MEADOWS SUBDIVISION NO. 5 Messina Meadows Subdivision No. 5 Sewer Easement MEETING NOTES Y6 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 2014-093876 BOISE IDAHO Pgs=7 VICTORIA BAILEY 11/19/2014 11:22 AM MERIDIAN CITY NO FEE 111111111111111111111111111111111111111111111111111111111 00041384201400838760070076 SANITARY SEWER EASEMENT Now -mw THIS INDENTURE, made this _a day of Augt ,, 2014, between Brighton Development Inc., an Idaho corporation, 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 right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer 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 over and across the following described property: (SEE ATTACHED EXHIBIT A and EXHIBIT B) The easement hereby granted is for the purpose of construction and operation of a sewer line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection 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, performing maintenance, replacements or subsequent connections to the sanitary sewer mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. 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. Sewer Main Easement EASMT SEW 11-15-13.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ) : ss. County of Ada ) BRIGHTON DEVELOPMENT INC. an Idaho corporation By: its: Chd D .vd' 4 Firyw Address: 12 O1 W. Explorer Dr., Ste. 200 Boise, Idaho 83713 On this —Lltday of Auust2014, before me, the undersigned Notary Public in and for said State, pe sonally appeared Ii V e R. M AeV' , known or identified to me to be the COO / CC -0 , of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have and year first above written. AnMCCURRY Y PUBLIC STATE OF IDAHO set my hand ami affixed my official seal the day Y PUW IC FOR I AHO U sion Expires: Sewer Main Easement EASMT SEW 11-15-13.doc GRANTEE: CITY OF MERIDIAN War L. Holman, Cby Clerk or P,I ' C'1V Approved By City Council 0"--' l °iL. LUQ STATE OF IDAHO, ) : ss County of Ada ) On this (CJ day of 20 before me, the undersigned Notary Public in and for said State, personally appeared Ti U20 n.and Jaycee L. Holman, known to me to be te a�or 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. .SGA RNA'•. U OR DAHO 5'` $ `, ; Commission Expires: rl y , c�C7 a C� • 1P'2s�dkng A41 "esndxan I D Sewer Main Easement EASMT SEW 11-15-13.doc EXHIBIT A Description for Sanitary Sewer Easement Legal Description Messina Meadows Subdivision No. 5 Sewer Easement An easement being located in the S'/z of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows; Commencing at an Aluminum Cap monument marking the southwest corner of the SE Ya of Section 29, from which a 518 inch diameter iron pin marking the southeast corner of the SE'/. of said Section 29 bears S 89043143" E a distance of 2656.26 feet; Thence N 0°15'13" Ealong the westerly boundary of said SE YG a distance of 721.02 feet to the POINT OF BEGINNING; Thence N 0015'13" E a distance of 24.44 feet to a point; Thence N 53004'38" W a distance of 106.70 feet to a point; Thence N 37°39'31" E a distance of 30.00 feet to a point; Thence S 53°04'38" E a distance of 121.38 feet to a point; Thence S 0°15'13" W a distance of 62.45 feet to a point; Thence N 52020'27" W a distance of 37.77 feet to the POINT OF BEGINNING. This parcel contains 0.11 acres and is subject to any other easements existing or in use. Clinton W, Hansen, PLS pL Lq/y� Land Solutions, PC 4440Z-111 May 28, 2014 � �F A 11118 X T 5(z9(I�z �rFOF�°�5 TONW.�� EXHIBIT A to Sewer Main Easement Legal Description Messina Meadows Subdivision No. 5 Sewer Easement No. 2 An easement being located In the SW '/ of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows; Commencing at an Aluminum Cap monument marking the southwest corner of the SE'/. of Section 29, from which a 5/8 inch diameter iron pin marking the southeast corner of the SE % of said Section 29 bears S 89°43'43" E a distance of 2656.26 feet; Thence N 0°15'13" E along the westerly boundary of said SE'/, a distance of 721.02 feet to a point; Thence N 58°54'03" W a distance of 29.12 feet to a point; Thence N 51029'42" W a distance of 225.33 feet to a point; Thence N 52049'36" W a distance of 515.88 feet to a point; Thence N 37010'24" E a distance of 10.88 feet to the POINT OF BEGINNING; Thence N 33026'30" W a distance of 103.97 feet to a point; Thence N 0°03'36" E a distance of 54.35 feet to a point on the southerly boundary of Messina Meadows Subdivision No. 3 as shown in Book 105 of Plats on Page 14325, records of Ada County; Thence S 33°26'30" E along said southerly boundary a distance of 114.46 feet to a point; Thence N 48°02'41" E along said southerly boundary a distance of 117;81 feet to a point; Thence leaving said southerly boundary a distance of 23.57 feet along the arc of a 130.00 foot radius non -tangent curve left, said curve having a central angle of 10023'10" and a long chord bearing S 47008'54" E a distance of 23.53 feet to a point; Thence S 52°20'19" E a distance of 6.67 feet to a point; Thence S 48°02'41" W a distance of 155.97 feet to the POINT OF BEGINNING. This parcel contains 7368 square feet and is subject to any other easements existing or in use. Clinton W, Hansen, PLS Land Solutions, PC August 20, 2014 La '� 3�®lasti�ets Und sumgfne end consulling EXHIBIT A to Sewer Main Easement L LAND G COF SF ON W. Messina Meadows No. 5 Job No. 13-28 pi:IM. 8 Depiction of Sanitary Sewer Easement 0 0 0 0� o nogZ2 Z m lOz T?p L7 y � N N 0'16'13' E 7Y1.U2r � ,}q, J/ L5 P p I m s'0 Loot 2 oY� s Zc z :1 r �i' > Y y 'Or�.CC.tb 92 9Hp y 5 � s N IFN C 2`r� $/ Ln M a A3r� N u y M Nm p �A w r mG>GG;z m n o/ m � >4' V§2 zm �, N ,`9NN�5 �Umao��� In m m N �mFn N m cn a w ¢ > O Z FFmmFm O m n S. MAESAIA m CV G y O WAY z n l/) 0O Qj�I 0 m o z N 0 g g a S MOMBOU PUCE o Ul r $$N � yp_ a OgN q 0�5 � _S, MONIECUE WAY N on ® 7 m - EXHIBIT B to Sewer Main Easement G_za»Sewer Mainm_m MTV & \2 a � PR + s Ln &,p.° 7/ | C) I o� s �� / 80ap 4. G > • — $ m \ D 7 "§ ) $ �'/\\\/\ ® §(§ 7;t� ` § 2.\� m ~ _I ® 0 � x � 6 / ;« � § 2 !j ! Lrl }/\ |. _ ; �\\{Alk \ -- — -- =--�-- G_za»Sewer Mainm_m Meridian City Council Meeting DATE: November 18, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: PEDESTRIAN PATHWAY EASEMENT Pedestrian Pathway Easement Between New Oaks, LLC, and the City of Meridian Regarding The Oaks South Subdivision No. 1 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 2014-093878 BOISE IDAHO Pgs=7 VICTORIA BAILEY 11/19/201411:23 AM MERIDIAN CITY NO FEE IIIIIIIIIIIIIIIIIIIIIIIIII11111111111111111 000413862014008367880077 007070 , PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made and entered into this 188 day of Nnvexn bet - , 2014, between New Oaks LLC, an Idaho limited liability company, the party of the fust part, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, the party of the second part, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of a development on which portions of the Meridian Multiple -Use Pathway is located; and WHEREAS, the Grantee required as a condition of approval that the Grantor provide an easement for the pedestrian pathways, which easements are to be shown on the plat of The Oaks South Subdivision No. 1; and WHEREAS, Grantor was responsible for the construction of the pathways with adjacent landscaping; and WHEREAS, it may be necessary for Grantee to maintain and service said pathways from time to time; NOW, THEREFORE, the Grantor does hereby grant unto the Grantee the following described property: (SEE ATTACHED EXHIBITS A AND B) The easement hereby granted is for the purpose of providing pedestrian pathway easements for multiple -use pathways designated in the City of Meridian Comprehensive Plan, 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. Pedestrian Pathway Easement The Oaks South Subdivision No. l IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that maintenance, repair, and replacement shall be performed by Grantor until such time that the multiple -use pathway through The Oaks Subdivision connects from one major arterial to another and is greater than one-half mile long. After these conditions have been fulfilled, Grantor may petition Grantee to assume maintenance, repair, and replacement responsibilities. After making repairs or performing other maintenance, the party performing such work 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. 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. THE 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. Pedestrian Pathway Easement The Oaks South Subdivision No. I IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: New Oaks LLC Thomas M. Coleman, President Coleman Homes, LLC Manager of New Oaks LLC STATE OF IDAHO ) ) ss County of Ada On this W day of V 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Thomas M. Coleman, known or identified to me to be the President of Coleman Homes LLC, Manager ofNew Oaks LLC, the limited liability company that executed the within instrument, and acknowledged to me that such limited liability 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. Pedestrian Pathway Easement Commission R IDAHO �G The Oaks South Subdivision No. l GRANTEE: CITY OF MERIDIAN Approved By City Council STATE OF IDAHO ) RVI County of Ada -�0 A U,,,y o, Cry "f Fa1DMNa F.�TEH ,:4P On this g day of Nojem be r 2014, f�rel ttehe ur ders�tgned, a Notary Public in and for said State, pers �n.all appeared and JAYCEE HOLMAN, known to me to be tETII I%�yor 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. ,,New,. •••Q�, JOI�1L,�••• (SEAL) AR PUB AHO .y. Res ing at: Commission Expires: LI Qow Pedestrian Pathway Easement The Oaks South Subdivision No. l October 10, 2014 EXHIBIT A DESCRIPTION MERIDIAN CITY MULTI -USE PATHWAY EASEMENTS PROPOSED THE OAKS SOUTH SUBDIVISION NO.1 Easements located in the North 1/2 of Section 33, T. 4 N., R 1 W., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows: EASEMENT A Commencing at the N '/4 corner of said Section 33, from which the NE corner of said Section 33 bears South 89°16'46" East, 2635.86 feet; thence along the north boundary of the NW '/4 of said Section 33 North 89°16'58" West, 40.64 feet; thence leaving said north boundary South 00043102" West, 81.18 feet to the POINT OF BEGINNING; Thence North 55°41'20" East, 32.78 feet; Thence South 34°18'40" East, 16.71 feet; Thence South 45'36'12" West, 6.68 feet; Thence South 23°13'15" West, 29.08 feet; Thence South 00'43'15" West, 102.37 feet; Thence North 44°16'52" West, 29.11 feet; Thence North 00°43'02" East, 108.26 feet to the POINT OF BEGINNING. Said easement covering 2,940 s.£, more or less. EASEMENT B Commencing at the N'/4 corner of said Section 33, from which the NE corner of said Section 33 bears South 89°16'46" East, 2635.86 feet; thence along the north boundary of the NW '/a of said Section 33 North 89°16'58" West, 55.64 feet; thence leaving said north boundary South 00°43'02" West, 279.44 feet to the POINT OF BEGINNING; Thence North 45°43'08" East, 28.29 feet; Thence South 89°16'45" East, 15.58 feet; Thence South 00°43'15" West, 15.76 feet; Thence South 26°53'27" West, 51.19 feet; Thence South 00°43'02" West, 27.44 feet to a point of curvature; Thence 172.95 feet along the are of a curve to the right, said curve having a radius of 438.00 feet, a delta angle of 22°37'27", and a long chord bearing South 12101'46" West, 171.83 feet; Thence South 10°16'50" West, 37.41 feet; Thence South 39°54'31" West, 8.00 feet to a point on a curve; Thence 5.38 feet along the arc of a non -tangent curve to the left, said curve having a radius of 325.00 feet, a delta angle of 00°56'55", and a long chord bearing North 50°33'56" West, 5.38 feet; 130626-pathease.docx Thence North 12°20'43" West, 25.01 feet to a point on a curve; Thence 190.13 feet along the arc of a non -tangent curve to the left, said curve having a radius of 425.00 feet, a delta angle of 25°37'57", and a long chord bearing North 13°32'01" East, 188.55 feet to a point of tangency; Thence North 00043'02" East, 69.14 feet to the POINT OF BEGINNING. Said easement covering 4,676 s.f, more or less. EASEMENT C Commencing at the N '/4 corner of said Section 33, from which the NE corner of said Section 33 bears South 89'16'46" East, 2635.86 feet; thence along the north boundary of the NW '/4 of said Section 33 North 89016'58" West, 217.32 feet; thence leaving said north boundary South 00°43'02" West, 675.10 feet to a point on a curve being the POINT OF BEGINNING; Thence 102.04 feet along the arc of a non -tangent curve to the left, said curve having a radius of 325.00 feet, a delta angle of 17°59'20", and a long chord bearing North 47°55'52" East, 101.62 feet; Thence North 85°07'44" East, 25.11 feet; Thence South 46°21'28" West, 92.81 feet; Thence South 56°55'32" West, 31.26 feet; Thence North 33°04'28" West, 13.00 feet to the POINT OF BEGINNING. Said easement covering 1,563 s.£, more or less. y\ONp L LA No s srF G m 11/118 � N9ro 11j'1 oP �_ F OF 2T pN W NPS 130626-pathease.doex PONT OF BEMINO EASEMENT C' 1,56J SF f/- SCALE / SCALE 1 "=100' DWG.DATE 10/10/14 PROJ. NO. 130626 SHEET 1 OF 1 EXHIBIT B a0.64' BASIS OF BEARING 217.32' 55.64' 28 1 /4 S 89'16'46" E 2635.36' 28 27 Nes 1 s sa w I 133 — — W. McMILLAN ROAD 33 34 �S 00'43'02" W PONT OF BEdNNINO I 181.18' \ EASEMENT W 2-040 Sr f/- I 4 N ala SIO M BIZ b O N ` ti 4 v -i3n I M �- 04 I N I� Y S Im Z I I POINT a- BEdNNINOO EASEMENT 9' b 4,676 Sr f� o _o Z J O 1 PRS�V NoSUe� N LINE TABLE �p,LLAAID LINE BEARING DISTANCE V 8 _, ytg19T R SGL L2 5 34'18'40" E 16.71' "� 11 L3 S 4936'12" W 6.68' L4 S 23'13'15" W 29.08' IL I 18 A L5 N 44'16'52" W 29.11' L14 I /)'(/ �O = L6 N 4543'08" E 28.29' C'1 y F• 17 S 8916'45" E 15.58' L8 S 00'43'15" W 15.76' W �N NP. L9 S 26'53'27" W 51.19' L10 S 0943'02" W 27.44' CURVE TABLE L11 S 10.16'50" W 37.41' L12 S 39'54'31" W 8.00' CURVE LENGTH RADIUS DELTA CHORD ERG CHORD L13 N 12'20'43" W 25.01' Cl 172.95 438.00 22'37'27" S 12'01'46" W 171.83 L14 N 85'07'44" E 25.11' C2 5.38 325.00 0'56'55" N 50'33'56" W 5.38 L15 S 4621'28" W 92.81' C3 190.13 425.00 25'37'57" N 13'32'01" E 188.55 L16 S 56'55'32" W 31.26' C4 102.04 325.00 17'59'20" N 47'55'52" E 101.62 L17 N 33'04'28" W 13.00' MERIDIAN CITY ENGINEERING MULTI -USE PATHWAY EASEMENT �+ THE OAKS SOUTH SUBD. NO. 1 SOLUTIONS LOCATED IN THE N 1/2 OF SECTION 33 1029 N. ROSARIO ST., STE. 100 TOWNSHIP 4 NORTH, RANGE 1 WEST, B.M. MERIDIAN, IDAHO 83642 MERIDIAN, ADA COUNTY, IDAHO Phone (206) 938-0980 Fax (208) 938-0941 Meridian City Council Meeting DATE: November 18, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: JAYKER SUBDIVISION PHASE 1 Jayker Subdivision Phase I Sewer & Water Easement 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 2014-093879 BOISE IDAHO Pgs=5 VICTORIA BAILEY 11/19/2014 11:23 AM MERIDIAN CITY NO FEE 1111111111111111111111111111111111111111111111111 00041387201400938790050053 SANITARY SEWER EASEMENT THIS INDENTURE, made this A�_ day of Q0,1 , 2014 between ar-w i 6YQ-eY1 S MasAv, Pa00 a 0n,TW the parties of the first part, and hereinafter called the GRANTORS, and the Ci 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 right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer 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 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 sewer line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection 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, performing maintenance, replacements or subsequent connections to the sanitary sewer mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. 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. Sewer Main Easement EASMT SEW 11-15-13.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Address STATE OF IDAHO ) : ss. County of Ada ) On this fes/- day of 20 L�—, before me, the undersigned, a Notary Public in and for said State, personally appeared bAVid W/ 3316t kOUW and Rt,b0001 k- kK" , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have AMANDA MCCURRY 40TAR' Y PUBLIC ATE OF IDAHO set my hand and NMARY PUBIAC`x Residing at: Commission Expires: my official seal the day Sewer Main Easement EASMT SEW I1-15-13.doe GRANTEE: CITY OF MERIDIAN C�1 ,.1 ii 11 CL ,tom � ttest b0aycee L. ity CUld 1drF Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) On this 1 � day of Novcm 6cAr , 201 beforee th un ersigned, a Notary Public in and for said Stattee, personally appeared T-affiWI eerd-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. Commission Expires: Sewer Main Easement EASMT SEW 11-15-13.doc EXHIBIT "A" July 2, 2014 Description For CITY OF MERIDIAN SEWER AND WATER EASEMENT A portion of Lot 1 Block 1, Jayker Subdivision Phase 1 as filed in Book 101 of Plats at Pages 13341-13352, records of Ada County, Idaho being located within the Southeast 1/4 of the Southwest 1/4 of Section 22, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the South 1/4 corner of said Section 22, from which the Southwest corner of said Section 22 bears North 89°17'17" West, 2647.16 feet; Thence North 25°42'31" West, 632.00 feet to the intersection with the northeasterly right-of-way line of North Tree Haven Way, said point being the REAL POINT OF BEGINNING; Thence along said northeasterly right-of-way line North 48003'49" West, 30.00 feet; Thence leaving said northeasterly right-of-way line North 41056'11 " East, 27.59 feet; Thence North 05°01'51" East, 83.49 feet; Thence 92.67 feet along the arc of a curve to the left having a radius of 100.00 feet, a central angle of 53°05'39", and a long chord which bears North 21'30'59" West, a distance of 89.39 feet; Thence North 48°03'49" West, 26.87 feet; Thence North 41°56'11" East, 30.00 feet; Thence South 48°03'49" East, 41.95 feet; Thence 12.57 feet along the arc of a non -tangent curve to the left having a radius of 8.00 feet, a central angle of 90°00'00", and a long chord which bears North 89°59'41" East, a distance of 11.31 feet; Thence North 44°59'41" East, 45.73 feet; Thence South 45°00'19" East, 30.00 feet; Thence South 04°22'12" West, 60.00 feet; Thence South 48°54'09" West, 35.29 feet; Thence South 05°01'51" West, 119.73 feet; Thence South 41 °56'11" West, 37.60 feet to the REAL POINT OF BEGINNING. EXHIBIT "B" C CURVE1 RADIUS I LENGTH CHORD CHORD BRG. DELTA Cl 1 100.00' 1 92.67' 89.39' N 21'30'59" W 53'05'39" iv 90'00'00" MEIRIOIAN, IDAHO 83642 G2,/ (200)646-8510 GROUP, P.C. O 04 O 27.59' L2 4 p \ t O 48'03'49" W Ln q J L 41'56'11" E 30.00' 6 S 45'00'19" E 30.00' 15 n, 48'54'09" W 35.29' L6 S BL OClf 7 W LLJ' r` 25 100 Do 05 50 L"/0// = SCALE: 1" = 50' O s N3 w , ♦ / / Qw O0ouy, , AREAL POINT Cn /y • OF BEGINNING '2 Q O J �L 0] F 21z U22 BASIS OF BEARING�• 1 4 _ N 89'17'17" W 22 •� / 28 27 2647.16' 27 W. CHINDEN BLVD. STATE HIGHWAY 20/26 CURVE TABLE CURVE1 RADIUS I LENGTH CHORD CHORD BRG. DELTA Cl 1 100.00' 1 92.67' 89.39' N 21'30'59" W 53'05'39" C2 I 8.00' 1 12.57' 11.31' N 89'59'41" E 90'00'00" IDAHO1450 LINE TABLE E. WATERTOWER ST. SUTE 130 SURVEY MEIRIOIAN, IDAHO 83642 Li (200)646-8510 GROUP, P.C. E 4:5A: . 1. LAN0- SOF`' �k ss cy JOB NO. SEWER & WATER EASEMENT EXHIBIT DRAWING 14-087 FOR CITY OF MERIDIAN SHEET NC PORTION OF LOT 1, BLOCK 1, JAYKER SUBDIVISION PHASE1, DWG. DATE LOCATED WITHIN THE SE 1/4 OF THE SW 1/4 OF SECTION 22, TAN., R.1W., R.M., 07-02-14 LINE TABLE LINE BEARING LENGTH Li N 41'56'11" E 27.59' L2 N 48'03'49" W 26.87' L3 N 41'56'11" E 30.00' L4 S 45'00'19" E 30.00' 15 S 48'54'09" W 35.29' L6 S 41'56'11" W 37.60' LAN0- SOF`' �k ss cy JOB NO. SEWER & WATER EASEMENT EXHIBIT DRAWING 14-087 FOR CITY OF MERIDIAN SHEET NC PORTION OF LOT 1, BLOCK 1, JAYKER SUBDIVISION PHASE1, DWG. DATE LOCATED WITHIN THE SE 1/4 OF THE SW 1/4 OF SECTION 22, TAN., R.1W., R.M., 07-02-14 Meridian City Council Meeting DATE: November 18, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: APPROVAL OF AGREEMENT Approval of Agreement to Taser International for the 'Body Worn Camera System" project for a Not -To -Exceed amount of $338,177.54 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Scott Colaianni Date: 11/13/2014 Re: November 180 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the November 18th City Council Consent Agenda for Council's consideration. Approval of Agreement to Taser International for the "Body Wom Camera System" project for a Not -To -Exceed amount of $338,177.54. Recommended Council Action: Award of Bid and Approval of Agreement to Taser International for the Not -To -Exceed amount of $338,177.54. Thank you for your consideration. • Page 1 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES FOR THE PURCHASE OF LAW ENFORCEMENT BODY WORN CAMERA SYSTEMS, ASSOCIATED HARDWARE AND SUPPORT SERVICES THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 18th day of November, 2014, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Taser International hereinafter referred to as "CONTRACTOR." INTRODUCTION Whereas, the City has a need for services involving law enforcement body worn camera systems, hardware, and support; and WHEREAS, the Contractor is specially trained, experienced and competent to provide and perform and has agreed to provide such products and services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Documents Incorporated by Reference: The Contract Documents include this Independent Contractor Agreement, and the attached Exhibits, all of which are hereby incorporated herein by reference and made apart hereof. If there is a conflict between the contract documents, the terms and conditions of the fully executed Independent Contractor Agreement shall control over all other documents. The attached exhibits include: A. Taser Quotation Q -17406-2 dated 09/21/2014 B. Taser International Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers (Effective November 22, 2013). C. Taser International Inc.'s Sales Terms and Conditions for the Taser Assurance Plan (TAP) including TAP Warranty Coverage (Effective April 18, 2014). D. Taser Professional Services Agreement (Release Date December 11, 2013). E. Taser Evidence.com Master Service Agreement (Release Date June 25, 2014). Body Worn Cameras — hardware and services. page 1 of 7 2. Scope of Work: 2.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all products, services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 2.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 2.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 2.4 Services and work provided by the Contractor at the City's request underthis Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 3. Consideration 3.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Attachment A attached hereto and by reference made a part hereof. 3.2 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement Body Worn Cameras — hardware and services. page 2 of 7 benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 4. Term: 4.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 4.2, 4.3, and Section 5 below or unless some other method or time of termination is listed in Attachment A. 4.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 4.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have Sixty (60) calendar days to deliver the products and begin providing the services as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of three hundred dollars ($300.00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 5. Termination: 5.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Body Worn Cameras — hardware and services. page 3 of 7 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. Independent Contractor: 6.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Taser International Purchasing Manager Attn: Legal Department 33 E Broadway Ave 17800 N 851h St Meridian, ID 83642 Scottsdale, AZ 85255 208-489-0417 (800) 978-2737 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. Body Worn Cameras — hardware and services. page 4 of 7 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: 12.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 12.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or Body Worn Cameras — hardware and services. page 5 of 7 in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 17. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 19. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 20. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 21. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 22. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall Body Worn Cameras — hardware and services. page 6 of 7 DocuBlgn Envelope ID: eCBAGaA6-32AA-4AC2-ABDB-FD3877BA3ADA constitute a complete waiver of any and all claims for damages caused by any such release. 23. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN TASER INTERNATIONAL ay: BY: L«- 61 . (L� BY: W$6 REES SO - Dated: Dated: 11/14/2014 Approved bil(lounoll: 6/ -` I 1j n4L,._ CITY CLK '13-A l E BY: Dated:: Department Approval ^ BY: 0, im_ Dated:: 11- /A - o70� f Body Worn Cameras — hardware and servlces. page 7 of 7 ATTACHMENT A . TASER International Protect TruthCli 17800 N 85th St. Scottsdale,Arizona 85255 " United States Phone:(800)978-2737 MOVE IE Ft Fax: Jeff Lavey Quotation (208)846-7300 Quote: Q-17406-2 208-888-4218 Date:9/21/2014 6:49 AM jiavey@meridiancity.org Quote Expiration:9/30/2014 Contract Start Date*:5/1/2015 Contract Term:5 years Bill To: Ship To: Meridian Police Dept.-ID Jeff Lavey 1401 E.Watertower Avenue Meridian Police Dept,-ID Meridian.ID 83642 1401 E.Watertower Avenue US Meridian,ID 83642 US SALESPERSON PHONE EMAIL DELIVERY METHOD r PAYMENT METHOD David Fowers dfowers©taser.com Fedex-Ground Net 30 *Note this will vary based on the shipment date of the product. Due Net 30 QTY ITEM# DESCRIPTION UNIT Total Before DISC(S) NET TOTAL PRICE Discount 69 73030 CAMERA SYSTEM,AXON FLEX 599.00 USD 41,331.00 USD 31,962.64 USD 9,368.36 69 73021 MULTI-MOUNTING OPTION KIT,FLEX 199.95 USD 13,796.55 USD 13,244.55 USD 552.00 69 73036 CONTROLLER,HOLSTER,BELT CLIPS, USD 0.00 USD 0.00 USD 0.00 FLEX 12 70026 EVIDENCE.COM DOCK,AXON SIX BAY 1495.00 USD 17,940.00 USD 10,405.20 USD 7,534.80 69 85079 TASER ASSURANCE PLAN ETM/ 36.00 USD 2,484.00 USD 0.00 USD 2,484.00 EVIDENCE.COM DOCK ANNUAL PAYMENT 12 70033 WALL MOUNT BRACKET,ASSY, 35.00 USD 420.00 USD 0.00 USD 420.00 EVIDENCE.COM DOCK 69 `85078 ULTIMATE EVIDENCE.COM ANNUAL 660.00 USD 45,540,00 USD 0.00 USD 45,540.00 PAYMENT 1,380 85401 INCLUDED STORAGE,20 GHS PER USD 0.00 USD 0.00 USD 0.00 ULTIMATE LICENSE 1 85055 PREMIUM PLUS SERVICE 15000.00 USD 15,000.00 USD 7,500.00 USD 7,500.00 6,900 85035 EVIDENCE.COM STORAGE 1.50 USD 10,350.00 USD 0.00 USD 10,350.00 3 73030 CAMERA SYSTEM,AXON FLEX USD 0.00 USD 0.00 USD 0.00 5 89101 PROFESSIONAL EVIDENCE.COM 468.00 USD 2,340.00 USD 0.00 USD 2,340.00 LICENSE:YEAR 1 PAYMENT 75 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 I Page 1 of 4 QTY ITEM# DESCRIPTION UNIT Total Before DISC(S) NET TOTAL PRICE Discount 6 88101 STANDARD EVIDENCE.COM LICENSE: 300.00 USD 1,800.00 USD 0.00 USD i YEAR 1 PAYMENT •� 60 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 Due Net 30 Total: USD 151,001.55 Due Net 30 Net Price: USD 87,889.16 Year 2-Due In 2015 QTY ITEM H DESCRIPTION UNIT' Total Before DISC($') NET TOTAL PRICE Discount 6,900 85035 EVIDENCE.COM STORAGE 1.50 USD 10,350.00 USD 0.00 USD 10350.00 s 69 85079 TASER ASSURANCE PLAN ETM/ 36.00 USD 2,484.00 USD 0.00 USD 2,484.00 EVIDENCE.COM DOCK ANNUAL PAYMENT 69 85078 ULTIMATE EVIDENCE.COM ANNUAL 660.00 USD 45,540.00 USD 0.00 PAYMENT USD 45.540.00 1,380 85401 INCLUDED STORAGE,20 GBS PER USD 0.00 USD 0.00 USD 0.00 ULTIMATE LICENSE 5 89201 PROFESSIONAL EVIDENCE.COM 468.00 USD 2,340.00 , USD 0.00 USD 2,340.00 LICENSE:YEAR 2 PAYMENT 75 85110 EVIDENCECOM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 6 88201 STANDARD EVIDENCE.COM LICENSE: 300.00 USD 1,800.00 USD 0.00 USD 1,800.00 YEAR 2 PAYMENT 60 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 Year 2-Due In 2015 Total: USD 62,514.00 i Year 2--Due in 2015 Net Price: USD 62,514.00 Year 3-Due In 2016 QTY ITEM H r DESCRIPTION UNIT Total Before DISC(S) NET TOTAL PRICE Discount 6,900 85035 EVIDENCE.COM STORAGE 1.50 USD 10,350.00 USD 0.00 USD 10,350.00 69 85079 TASER ASSURANCE PLAN ETM/ 36.00 USD 2,484.00 USD 0.00 USD 2,484.00 EVIDENCE.COM DOCK ANNUAL PAYMENT 69 85078 ULTIMATE EVIDENCE.COM ANNUAL 660.00 USD 45,540.00 USD 0.00 USD 45,540.00 PAYMENT 1 1,380 85401 INCLUDED STORAGE,20 GBS PER USD 0.00 USD 0.00 USD 0.00 ULTIMATE LICENSE i 5 89301 PROFESSIONAL EVIDENCECOM 468.00 USD 2,340.00 USD 0.00 USD 2,340.00 LICENSE:YEAR 3 PAYMENT 75 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 6 88301 STANDARD EVIDENCE.COM LICENSE: 300.00 USD 1,800.00 USD 0.00 USD 1,800.00 YEAR 3 PAYMENT 60 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 Year 3--Due in 2016 Total: USD 62,514.00 Year 3-Due in 2016 Net Price: USD 62,514.00 Page 2 of 4 . Year 4-Due In 2017 QTY ITEM II DESCRIPTION UNIT Total Before DISC(S) NET TOTAL PRICE Discount 6,900 85035 EVIDENCE.COM STORAGE 1.50 USD 10,350.00 USD 0.00 USD 10,350.00 69 85079 TASER ASSURANCE PLAN ETM/ 36.00 USD 2,484.00 USD 0.00 USD 2,484.00 EVIDENCE.COM DOCK ANNUAL PAYMENT 69 85078 ULTIMATE EVIDENCE.COM ANNUAL 660.00 USD 45,540.00 USD 0.00 USD 45,540.00 PAYMENT - A 1,380 85401 INCLUDED STORAGE,20 GBS PER USD 0.00 USD 0.00 USD 0.00 ULTIMATE LICENSE 5 89401 PROFESSIONAL EV1DENCE.COM 468.00 USD 2,34000 USD 0.00 USD 2,340.00 LICENSE:YEAR 4 PAYMENT 75 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 Imitimmener 6 88401 STANDARD EVIDENCE.COM LICENSE: 300.00 USD 1,800.00 USD 0.00 * USD 1,800.00 YEAR 4 PAYMENT 60 85110 EVIDENCECOM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 Year 4-Due in 2017 Total: USD 62,514.00 Year 4-Due In 2017 Net Price: USD 62,514.00 Year 5-Due in 2018 QTY ITEM 11 DESCRIPTION UNIT Total Before DISC(S) NET TOTAL PRICE Discount 69 85078 ULTIMATE EVIDENCE.COM ANNUAL 660.00 USD 45,540.00 USD 0.00 USD 45540.00 PAYMENT 69 85079 TASER ASSURANCE PLAN ETM/ 36.00 USD 2,484.00 USD 0.00 USD 2,484.00 EVIDENCE.COM DOCK ANNUAL PAYMENT 1 1,380 85401 INCLUDED STORAGE,20 GBS PER USD 0.00 USD 0.00 USD 0.00 ULTIMATE LICENSE 6,900 85035 EVIDENCE.COM STORAGE 1.50 USD 10,350.00 USD 0.00 USD 10,350.00 5 89501 PROFESSIONAL EVIDENCE.COM 468.00 USD 2,340.00 USD 0.00 USD 2,340.00 LICENSE:YEAR 5 PAYMENT 75 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 US 0D .00 6 88501 STANDARD EV1DENCE.COM LICENSE: 300.00 USD 1,800.00 USD 0.00 USD 1,800.00 YEAR 5 PAYMENT , 60 85110 EVIDENCE.COM INCLUDED STORAGE USD 0.00 USD 0.00 USD 0.00 Year S--Due in 2018 Total: USD 62,514.00 Year 5-Due in 2018 Net Price: USD 62,514.00 Subtotal USD 337,945.16 Estimated Shipping&Handling Cost USD 232.38 Grand Total USD 338,177.54 S , Page 3 of 4 i'. s k y Complimentary Evldence.com Tier Upgrade Through 12/31/2014 This quote contains a purchase of either the Basic or Standard Evidence.com license.You will temporarily receive the features available with the Professional license for the Basic and Standard licenses purchased until December 31,2014.This is a free upgrade to your account so you can enjoy all the benefits of our most feature rich license tier.In January 2015 you will be prompted to select which users you would like to go in which tiers.This will have no impact on uploaded data. Customer to be invoiced for Year 1 annual payment after October I,2014. TASER International,Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers By signing this Quote,you are entering into a contract and you certify that you have read and agree to the provisions set forth in this Quote and TASER's current Sales Terms and Conditions for Direct Sales to End User Purchasers or,in the alternative,TASER's current Sales Terms and Conditions for Direct Sales to End User Purchasers for Sales with Financing if your purchase involves financing with TASER.If your purchase includes the TASER Assurance Plan(TAP), then you are also agreeing to TASEIt's current Sales Terms and Conditions for the AXON Flexr"and AXON BodyTM Cameras TASER Assurance Plan(U.S. Only)and/or Sales Terms and Conditions for the X2/X26P and TASER CAM HD Recorder TASER Assurance Plan(U.S.Only),as applicable to your product purchase.All of the sales terms and conditions,as well as,the TAP terms and conditions are posted atkturityacclasgammaalet ginainitzcothtigns.If your purchase includes AXON hardware and/or EV1DENCE.com services you are also agreeing to the terms in the EVIDENCE.com Master Service Agreement posted at bthEthuatusagindurikugnamtaL4.If your purchase includes Professional Services,you are also agreeing to the terms in the Professional 3 LL Service Agreement posted at �•.ja ;'�. i 1`i.. �i.� ,4 �,'<f y iaYai iit 4 •s :,. o A itT �};f. .` �'1��"t,l,�A�:,. ► You represent that you are lawfully able to enter into contracts and if you are entering into this agreement for an entity,such as the company,municipality,or government agency you work for,you represent to TASER that you have legal authority to bind that entity.If you do not have this authority,do not sign this Quote. Signature: 4,4 4- Vklir Date: 9:' 20ZI 0,0/, Name(Print): a PC A Title: C/va# of Pa. r" PO#(If needed): Please sign and email to David Anvers at dfowers(taser.com or fax to THANK YOU FOR YOUR BUSINESS! `Protect Life'and O are trademarks of TASER international,Inc.,and TASER is a registered trademark of TASER International,Inc.,registered in the U.S. 0 2013 TASER International,Inc.All rights reserved. Page 4 of 4 ATTACHMENT B Title: TASER international,Inc.'s Sales Terms and Conditions-Direct Sales to End User Purchasers Department: Legal Version: 6.0 Release Date: 1112212013 TASER International, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers (Effective November 22, 2013) These Sales Terms and Conditions apply to your purchase of all TASER International, Inc.("TASER," "we,""us,"or"our") products and services purchased directly from us. Products and services sold by us are expressly subject to and conditioned upon the terms and conditions set forth below. By signing a � issuing uote a purchase order, or accepting delivery of the product or service,you accept and are q bound to these Sales Terms and Conditions. Any different or additional terms set forth by you,whether inour purchase order or another communication, are expressly objected to and will not be binding on Y us. Return Policies. All sales are final and no refunds or exchanges are allowed, except as provided by state or federal law and as specified below for TASER®Citizen Products. Exchanges for TASER Citizen Products. The citizen model products that are unopened and still in their sealed package may be returned or exchanged within 15 days from the date of receipt of the product for a credit or a refund of the purchase price paid, less shipping and handling, and any applicable restockingfees. Any product returned to TASER without prior authorization from us will be pP , considered an unauthorized return, and you will not receive credit for the product and we will not ship the product back to you. Unless the product is defective or the return is a direct result of our error,we may charge a restocking fee of up to 15% of the purchase price paid, plus any applicable sales tax. To return a citizen model product,you must first go to our website,www.TASER.com and obtain a Return Material Authorization("RMA") number before the end of the applicable return period.We will not accept returns without an RMA number.See the Product Warranty,www.TASER.com,or contact us at 800.978.2737(+1.480.905.2000 for International callers)for information on how to obtain an RMA number. You must ship the product to us within 5 days of the date that we issue the RMA number as follows: • in the original product packaging, in as-new condition, along with any media,documentation, Yl. and any other items that were included in your original shipment; • at your expense and insured (if you return the product uninsured then you accept the risk of loss or damage during shipment); • with the RMA number clearly marked on the outside of the return packaging; • with roof of purchase of the product(receipt, purchase order,or invoice);and p • with your name, address, and phone number of where to send the exchange item or the product credit or refund. Upon receipt of your return,we will issue a credit or a refund of the purchase price paid, less shipping and handling, and any applicable restocking fees. For partial returns,your credit may be less than the invoice or individual component price due to bundled or promotional pricing or any unadvertised discounts or concessions. If you fail to follow the return or exchange instructions and policies provided by us,we are not responsible for product that is lost,damaged, modified, or otherwise processed for disposal or resale. Quotes. A quotation is an offer to sell, is valid onlyfor the products and services listed on the quote at the prices listed on the quote,and is subject to these Sales Terms and Conditions, all of which are deemed incorporated into the quote.The quote from TASER contains the entire terms and conditions TASEFI Page 1 of 3 • v n o s e e r � r c Title: TASER International, Inc.'s Sales Terms and Conditions-Direct Sales to End User Purchasers Department Legal Version: 6.0 Release Date: 11/22/2013 associated with the transaction.You may accept a quotation by signing the quote, issuing a purchase order, or other writing expressingyour intention to be bound. conditions i Any terms, conditions or within your purchase order or other writing addressing the subject matter of the transaction,will be for your internal purposes only and the terms and conditions contained therein will have no force or effect. If you have not signed a quote from TASER,thenyour order is to . , subjectcancellation by us, in our sole discretion.We are not responsible for pricing,typographical, or other errors in any offer by us and reserve the right to cancel any orders resulting from such errors. Prices. The price of the products and services are set forth in the quote specifically provided to ou (if v no quote was provided then the price is that set forth on our current price list or www.TASER.com). Prices do not include taxes, shipping, handling, insurance or other similar charges; any such charges will be added to the price or separately invoiced unless otherwise expressly indicated at the time of sale. Payment Terms. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice.We may invoice parts of an order separately.Where no credit has been granted to you or where credit has been withdrawn(in our absolute discretion) or for international sales, payment is required in full prior to shipment. Payment must be by credit card, wire transfer, or some other prearranged payment method. If we have reasonable grounds to believe that you will fail to comply with the payment terms or with the agreed credit terms, we are entitled to postpone or to refuse delivery of an order. Taxes. Unless you provide us with a valid and correct tax exemption certificate applicable to your purchase and ship-to location,you are responsible for sales and other taxes associated with your order. Shipping;Title; Risk of Loss. We reserve the right to make partial shipments and products may ship from multiple locations.All shipments are FOB TASER's facility and title and risk of loss pass from us to you on upon delivery to the common carrier by TASER. You are responsible for all freight charges.Any loss or damage that occurs during shipment is your responsibility. Shipping dates are estimates only. Delivery is typically 2-6 weeks after receipt of order or payment. Excusable delays. We will use commercially reasonable efforts to deliver allroducts and services ordered byyou as soon as reasonablyp practicable. In the event of interruption of any delivery due to causes beyond our reasonable control, including but not limited to force majeure,fire, labor disturbances, riots, accidents, or inability to obtain necessary materials or components,we have the right, in our sole discretion and upon oral or written notice to you, to delay or terminate the delivery. Not For Resale or Export. Shipping of some our products out of the United States is restricted by U.S.federal law and neither the product nor its technology can be exported out of the U.S.without a validated export license issued by the U.S. Department of Commerce and a signed BIS-711 on file with us. Regulations and Restrictions. You agree to comply with all applicable laws, codes and license requirements, and controls of the United States and other applicable Jurisdictions in connection with the use of TASER products and services including your acceptance of responsibility for the payment of any relevant taxes or duties. Please go to our website(www.TASER.com)or contact our Customer Service Department for a list of known regulations and restrictions regarding the sale, possession, and use of -rdNm e R Page 2 of 3 • �n o T c c r c Title: TASER International, Inc.'s Sales Terms and Conditions--Direct Sales to End User Purchasers Department Legal Version: 6.0 Release Date: 1/122120/3 TASER CEWa roducts.You are responsible for understanding and verifying all local laws, regulations, and restrictions. Warranty Coverage. Our current warranty provisions,warranty exclusions, release, and any limitations of liability located at www.TASER.com are also applicable to your purchase. Product Warnings. See our website at www.TASER.com for the most current product warnings. Proprietary information. You agree that we have and claim various proprietary rights in the hardware, p rY firmware, software, and the integration of ancillary materials,knowledge, and designs that constitute ourp roducts and services, and that you will not directly or indirectly cause any proprietary rights to be violated. Design Changes. We reserve the right to make changes in design of any of our products and services without incurring any obligation to notify you or to make the same change to products and services previously purchased. Severable Provisions. If any provision of these Sales Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable,then the remainder will have their full force and effect and the invalid provision will be modified or partially enforced by the court to the maximum extent permitted by law to effectuate the purpose of this agreement. No Assignment. You may not assign this agreement nor any related order and you may not delegate your duties under this agreement without our prior written consent which will not be unreasonably withheld. We may assign this agreement without your consent. Entire Agreement. These Sales Terms and Conditions, along with the quote, sales order acknowledgement,and the applicable product warranty, license and service agreement(s), constitute the entire agreement between the parties.These Sales Terms and Conditions supersede and replace any prior agreement or understanding between the parties, including any oral representations concerning the subject matter of this agreement.Any prior or extrinsic representations or agreements, with the exception of the product warranty, any service and license agreement(s), are intended to be discharged or nullified. Governing Law. The laws of the State of Arizona, U.S.A.govern this transaction and agreement, without regard to conflicts of law. Protect Life'and are trademarks of TASER International,Inc.,and TASER Is a registered trademark of TASER International,Inc., registered In the U.S.All rights reserved. 0 2013 TASER International,Inc. rikB E -- Page 3 of 3 t•n a T t; or L l r t ATTACHMENT C TASER international,Inc.'s Sales Terms and Conditions for the Evidence.com Dock and AXON flexTM and AXON body Cameras TASER Assurance Plan(U.S.Only) (Effective April 18,2014) These Sales Terms and Conditions("Terms")apply to your of the units to officers in the field. You must return to TASER, purchase of the TASER Evidence.com Dock,AXON flee' through TASER's RMA process,any broken or non-functioning camera/AXON body camera,related accessories,and the TASER units for which a Spare Product is utilized,and TASER wit repair Assurance Plan AP".1 The products and TAP are expressly or replace the non-functioning unit with a replacement product. subject to and conditioned upon the Terms set forth below, By TASER warrants it will repair or replace the unit which fails to signing a quote,issuing a purchase order,or accepting delivery of function for any reason not excluded by the TAP warranty the products,you accept and are bound to these Terms. Any coverage,during the TAP Term with the same product or a like • whether in apurchase product,at TASER's sole option. You may not buy a new TAP for different or additional terms set forth by you, order or another communication,are expressly objected to and will the replacement product or the Spare Product. not be binding on TASER. Within 30 days of the end of the TAP Term you must return to TASER Assurance Plan(TAP). TAP may be purchased as part TASER ail Spare Products. You will be Invoiced for and are of the Ultimate Evidence.com License('Ultimate License")tier,or obligated to pay to TASER the MSRP then in effect for all Spare on a standalone basis.If TAP is purchased on a standalone basis, Products not returned to TASER. If all the Spare Products are TAP's purchase price does not indude any initial hardware, returned to TASER,then TASER wit refresh your allotted number software and the Evldence.com services must be purchased of Spare Products with Upgrade Models if you purchase a new separately. TAP provides you with hardware extended warranty TAP for the Upgrade Models. coverage,Spare Products(for AXON cameras),and Upgrade Models at the end of the TAP Term.TAP only applies to the AXON TAP Upgrade Models. Upgrade Models to be provided as follows flex camera and controler,AXON body camas,or Evidence.com during and/or after the TAP Term:(i)after 3 years If you purchased Dock,depending on the plan purchased.TAP does not apply to 3 years of Evidence.com services/grate Licenses and all TAP software or services offered for,by,on,or through the TASER.com payments are made;or(ii)once after 2.5 years and once again or Evidence.com websites. after 5 years if you purchased 5 years of Evidence.com services/Ultimate Licenses and made all TAP payments. Any Toual' purchase TAP,you must either purchase Ultimate products replaced within the six months prior to the scheduled q fty to Licenses for a 3-year term or purchase Evldence.com services for upgrade will be deemed the Upgrade Model, Thirty days after you at least 3 years on a standalone basis. receive the Upgrade Models,you must return the products to TASER or TASER wil deactivate the serial numbers for the You may not buy more than one TAP for any one AXON cameral products for which you received Upgrade Models unless you Evidence.com Dock product TAP must be purchased for all purchase additional Evldence.com licenses for the AXON camera AXON cameras/Evldence.com Docks purchased by your agency products you are keeping. You may buy a new TAP for any after your agency elects to participate in TAP. Upgraded Model. TAP Warranty Coverage. See TASER's current Hardware TAP AXON Camera Upgrade Models. If you purchased TAP as a Warranty,Limitations and Release for Law Enforcement CEW stand-alone service,then TASER wit upgrade the AXON camera Products and On-Officer Cameras at www.TASER.com (and controller If applicable),free of charge,with a new on-officer ("Hardware Warranty"). TAP Incudes the extended warranty video camera that is the same product or a like product,at coverage described in the current Hardware Warranty. TAP for TASER's sole option. TASER makes no guarantee that the the AXON camera products also includes free replacement of the Upgrade Model will utilize the same accessories or Evidence.com AXON flex controller battery and AXON body battery during the Dock. If you would like to change product models for the Upgrade TAP Term.2 TAP warranty coverage starts at the beginning of the Model,thenyou mustthe price difference in effect at the time 9 9 pay TAP Term and continues as long as you continue to pay the of the upgrade between the MSRP for the offered Upgrade Model required annual fees for TAP. You may not have both an optional and the MSRP for the model you desire to acquire. No refund will extended warranty and TAP on the AXON camera/Evidence.com be provided if the MSRP of the new model is less than the MSRP DodsPr oduct. of the offered Upgrade Model. SPARE AXON cameras. For TAP for AXON camera products, If you purchased Ultimate License,then TASER will upgrade the TASER willpro vide a predetermined number of spare AXON AXON camera(and controler if applicable),free of charge,with a cameras(and controllers if applicable)(collectively the'Spare new on-officer video camera of your choice. Products')to you to keep at your agency location to replace broken or non-functioning units in order to improve the availability TAP Evidence.com Dock Upgrade Models. TASER will upgrade 1 These terms apply when you purchase TAP as a stand-done service for Evidence.corn Dodos. AXON camera products or Evidence.com Docks or as part of the Ultimate 2 Applies to replacement for batteries which fail to function for any reason License.The Ultimate License does not include TAP coverage for not excluded by the Hardware Warranty. Uhl: tk !AMA hu..w.tl.n.l.taa'a Sobs Isms sled CondpN.n l ill.CYWont..e....Uo€k end AXON Hugh'and AXON Indy C.n....s IMMIX Ammons Pl..1N.L .ty) vel. Logs' TA.Si L R 4.1 a.h...a..., 401110014 Page 1 of 2 5yy' 'le TASER international,Inc.'s Sales Terms and Conditions for the Evidence.com Dock and AXON flexr"and AXON body Cameras TASER Assurance Plan U.S.Only) Effective April 14}rii 18 20 the Evidence.com Dock free of charge,with a new Evidence.com TAP Payment Terms. TAP mayonlybe purchased • Dock with the same number of bays that is the same product or a sale. TASER at the point of like product,at TASER's sole option. If would will separately invoice you on an annual basis for the you like to change cost of TAP and you are responsible for payment within 30 days of product models for the Upgrade Model or add additional bays,then the invoice(even if TASER does not receive an annual purchase you must pay the price difference in effect at the time of the order fromyout upgrade between the MSRP for the offered prior to issuing the invoice). The payment due date the Upgrade Model and is based upon the Term start date. If multiple purchases of AXON e MSRP for the model you desire to acquire. No refund will be camera products/Evidence.com Dock have been made,each provided if the MSRP of the new model is less than the MSRP of purchase may have a separate TAPent due date. Payment yment the offered Upgrade Model. wiff be considered past due if not paid in full or if not received within 30 days of the invoice date. TAP Term. The TAP Term start date is based upon the shipment date of the hardware covered under TAP. If the shipment of the Sales Terms. TASER's current Sales Terms and Conditions for hardware occurred in the first half of the month,then the Term Direct Sales to End User Purchasers,located at starts on the 1st of the following month. If the shipment of the http://www.taser.com/sales-terms-and-conditions,are also hardware occurred in the second half of the month,then the Term applicable to your purchase. starts on the 15"of the following month. No Assignment. You may not assign the TAP or any related TAP Termination. If an invoice for TAP is more than 30 days past order and you may not delegate your duties under these Terms due or your agency defaults on its payments for the Evidence.com without TASER's prior written consent,which will not be services then TASER may terminate TAP and all outstanding unreasonably withheld. AXON product related TAPS with your agency. TASER will provide notification to you that TAP coverage is terminated, Once Entire Agreement. These Terms,along with the quote,sales TAP coverage is terminated,then: order acknowledgement,Sales Terms and Conditions for Direct 1.TAP coverage will terminate as of the date of termination and no Sales to End User Purchasers,and the applicable product refunds will be given. warranty,license and service agreements,constitute the entire 2.TASER will not and has no obligation to provide the free agreement between the parties for the purchase of the AXON Upgrade Models. camera/Evidence.com Dock products and TAP. These Terms 3.You will be Invoiced for and are obligated to pay to TASER the supersede and replace any prior agreement or understanding MSRP then in effect for all Spare Products provided to you between the parties,including any oral representations concerning under TAP. If the Spare Products are returned within 30 days of the subject matter of this agreement the Spare Product invoice date,credit will be issued and applied against the Spare Product invoice. 4.You will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TAP. AXON Hex is a trademark of TASER International,Inc.,and TASER and(b are registered trademarks of TASER international,Inc.,registered In the U.S.0 2014 TASER international,int All rights reserved. eepo IASCR MgMn•1.lMe.'�Sales Mine and C•nMYwn!•,Hi•CvNr•np.e•w,p•sf and A71L1q flew"•M A110114•�Comm.rwitH wuw•nc•Mien�1f,1<.O.11y A•r•pwww: I.w�•1 w..t.�. .,• •"r"513 a Halms Dow 41111,1414 Page 2 or 2 ATTACHMENT D 0 TA9EFI Professional Services Agreement -BY ORDERING OR ACCEPTING PROFESSIONAL SERVICES FROM TASER INTERNATIONAL,INC.(TASER) YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND YOU ACCEPT AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.You represent to us that you are lawfully able to enter into contracts and if you are entering into this Agreement for an entity,such as the company, municipality,or government agency you work for,you represent to us thatyou have legal authority to bind that entity.If you do not have this authority,do not order or accept the Professional Services. In consideration of the mutual promises contained in this Agreement,the parties agree to all terms of the Agreement effective as of the date you signed the Quote or submit your purchase order,whichever is first(Effective Date). Terms and Conditions This Professional Services Agreement(Agreement)is an agreement between TASER International,Inc. (TASER, we, us,or our)and you or the entity you represent(Agency or you). This Agreement contains the terms and conditions that govern our provision of Professional Services to you for assistance in deploying and implementing TASER camera systems and EVIDENCE.com service solutions. See Section 17 for definitions of certain capitalized terms used in this Agreement. 1. Term and Pricino. a. Term. The term of this Agreement commences on the Effective Date. The actual work to be performed by us is not authorized to begin until we receive the signed Quote or your purchase order,whichever is first. b. Service Pricing. All Services performed by us will be rendered in accordance with the fees set forth in the Quote. You will pay us in accordance with the terms contained in this Agreement unless different payment terms have been identified and agreed upon in the Quote. c. Taxes. You are responsible for any sales or use taxes assessed on payment for Services and Products. 3 We will itemize sales or use taxes separately on our invoices. We are responsible for all other taxes,duties and fees. ifyo u are exempt from taxation for the Services or Products,you must submit an exemption certificate to us. 2. Invoicing and Payment Terms. a. Services. We will invoice you, in accordance with this Agreement,for all Services provided. Notwithstanding the foregoing,no terms,provisions,or conditions of any purchase order or other business form or written authorization used by you will have any effect on,or otherwise modify,the rights,duties,or obligations of ff the parties under this Agreement,regardless of any failure of us to object to such terms,provisions,or conditions. b. Payment. All payments for fees and expenses are due 30 days after the date of invoice. Interest at the p ym less)maybe charged on all late payments. rate of 1.5%per month(or the highest rate permitted by law,if I ) g p ym Payment obligations are non-cancelable and amounts paid are non-refundable. All amounts payable under this Agreement will be made without setoff or counterclaim,and without any deduction or withholding. Amounts pre- paid for Services will expire within 6 months of the Effective Date;therefore all Services must be completed within that time period.Any delays by you may result in additional fees due to us,and delay in our completion of the Services. 3 3. Scope of Services. The project scope will consist of the Services identified on your Quote. The Premium Plus Service Package and Premium Service Package are detailed below: Description of the Service Packages Premium Pius Premium Services Services 1 System set up and configuration 1 on-site session virtual assistance Setup AXON®Mobile on smart phones(if applicable) 1 Configure categories&custom roles based on Agency need Troubleshoot IT issues with EVIDENCE.com and evidence transfer t manager(ETM)access Work with IT to install EVIDENCE Sync software on locked-down corn•uters if a••iicable _ _ 1 ETM installation on-site assistance Ilenr=2111111 Me: Professional Sen+ices Agreement Dopsrbnent Legal Version: 3.0 r Releeso Osis: 12/1112013 Page 1 of 6 i 3 0 11".".91EFI Professional Services Agreement Description of the Service Packages Premium Plus Premium Services Services Work with Agency to decide ideal location of ETM setup and set configurations on ETM if necessary Authenticate ETM with EVIDENCE.com using"admin credentials from Agency Work with Agency's IT to configure its network to allow for maximum bandwidth and proper operation within Agency's network environment Dedicated Project Manager M _µ�� w.w _ M fir Assignment of a specific TASER representative for all aspects of planning the Product rollout(Project Manager). Ideally,the Project Manager will be assigned to the Agency 4-6 weeks prior to rollout. Weekly project planning meetings 1 I Project Manager will develop a Microsoft Project plan for the rollout of AXON camera units,ETMs and EVIDENCE.com account training based on size,timing of rollout and Agency's desired level of training. Up to 4 weekly meetings leading up to the ETM installation of not more than 30 minutes in len! h. Best practice implementation planning session-1 on-site session to: Provide considerations for establishment of video policy and system operations best practices based on TASER's observations with other agencies Discuss importance of entering metadata in the field for organization purposes and other best practice for digital data management Provide referrals to other agencies using the AXON camera products and EVIDENCE.com services Create project plan for larger deployments Recommend rollout plan based on review of shift schedules System Admin and troubleshooting training sessions I 4 2 on-site sessions—each providing a step-by-step explanation and assistance for Agency's configuration of security,roles& permissions,categories&retention,and other specific settings for , EVIDENCE.com. 1111111 x AXON instructor training training for up to 5 training for up to 2 Prior to general user training on AXON camera systems and individuals at the individuals at the EVIDENCE.corn services,TASER's on-site professional services Agency Agency team will provide training with the goal of certifying instructors who can support the Agency's subsequent AXON camera and EVIDENCE.com training needs. End usergo live trainingand support sessions 6 on-site sessions 3 on-site sessionsi: individual ndividual device set up and configuration assistance; i pairing with viewers when applicable;and training on device use, EVIDENCE.com and EVIDENCE Sync. Implementation document packet ,/ EVIDENCE.com administrator guides,camera implementation guides, network setup guide,sample policies,and categories& { roles guide Post go live review session on-site assistance virtual assistance i 4. Out of ScoDe Services. We are responsible to perform only the Services described on your Quote. Any Tide: Professional Services Agreement Dopautmoni: Legal Version: 3.0 Release Date: 12/11/2013 Page 2 of 6 I 1 i i T/k9E Fil Professional Services Agreement w additional services discussed or implied that are not defined explicitly by the Quote will be considered out of the scope. 5. Delivery of Services. a. Hours and Travel. Our personnel will work within normal business hours,Monday through Friday,8:30 a.m.to 5:30 p.m.,except holidays unless otherwise agreed in advance. All tasks on-site will be performed over a consecutive timeframe unless otherwise agreed to by the parties in advance. Travel time by our personnel to your premises will not be charged as work hours performed. b. Changes to Services. Changes to the scope of Services must be documented and agreed upon by the parties in a change order. If the changes cause an increase or decrease in any charges or cause a scheduling change from that originally agreed upon,an equitable adjustment in the charges or schedule will be agreed upon by the parties and included in the change order,signed by both parties. c. Delays. If any delays are caused by you,you will be responsible for any costs Incurred by us In preparing for the performance of the Services,and we will be entitled to recover these costs from you,including travel related costs. The non-performance or delay by us of our obligations under this Agreement will be excused if and to the extent the non-performance or delay results directly from the failure by you to perform your responsibilities. If any failure or delay by you to perform any of your responsibilities prevents or delays our performance of our obligations under this Agreement,we will be entitled to a reasonable extension of time to the applicable performance dates to reflect the extent of the impact of the failure or delay by you. d. Performance Warranty. We warrant that we will perform the Services in a good and workmanlike manner. In the event the Services do not meet the requirements and specifications agreed upon,you must provide us with written notice and details of the alleged non-complying Services within 7 calendar days after completion of the Services involved. After determination by us that the Services were not in conformance to the requirements and specifications,we will re-perform the non-complying Services at no additional cost. 6. Your Responsibilities. Our successful performance of the Services depends upon your: a. Making available your relevant systems for assessment by us prior to our arrival at the Installation Site; b. Ensuring that prior to our arrival at the Installation Site that your network and systems comply with the following system requirements posted at htto://www.taser.com/Droducts/digital-evidence-management/evidenoe; c. Making any required modifications,upgrades or alterations to your hardware,facilities,systems and networks related to our performance of the Services prior to our arrival at the Installation Site; d. Providing access to the building facilities and where we are is to perform the Services,subject to safety and security restrictions imposed by you(including providing security passes or other necessary documentation to our representatives performing the Services permitting them to enter and exit your premises with laptop personal computers and any other materials needed to perform the Services); e. Providing suitable workspace with telephone and Internet access for our personnel while working at the Installation Site and in your facilities; f. Timely implementation of operating procedures,audit controls,and other procedures necessary for your intended use of the Products; g. Providing all necessary infrastructure information(TCP/IP addresses,node names and network configuration)necessary for us to provide the Services; h. Promptly installing and implementing any and all software updates provided by us; I. Ensuring that all appropriate data backups are performed; j. Providing to us the assistance,participation, review and approvals and participating in testing of the Products as requested by us; k. Providing us with remote access to your EVIDENCE.com account when required for us to perform the Services; I. Designating a representative who will be the main point of contact for all communication with us and who has the authority to act on your behalf in matters regarding the performance of the Services; m. Ensuring the reasonable availability by phone or pager of knowledgeable staff and personnel,system administrators and operators to provide timely,accurate,complete and up-to-date documentation and information for the duration of the Term(these contacts are to provide background information and clarification of information required to perform the Services); n. Instructing your personnel so that they are, at all times,educated and trained in the proper use and Title: Professional Services Agreement Department: Legal Version: 3.0 Release Date: 12J11t2013 Page 3 of 6 1-"M Fl Professional Services Agreement operation of the Products and that the Products are used in accordance with applicable TASER manuals and instructions;and o. Identifying In advance any holidays,non-work days,or major events that may impact the project. 7. Authorization to Access Computer Systems to Perform Services. You authorize us to access your relevant computers and network systems solely for the purpose of performing the Services. We will work diligently to identify as soon as reasonably practicable the resources and information we expect to use,and will provide an initial Itemized list to you. You are responsible for,and assume the risk of any problems,delays, losses,claims,or expenses resulting from the content,accuracy,completeness,and consistency of all data,materials,and information supplied by you. 8. Site Preparation and Installation. Prior to delivering any Services,we will provide you with 1 copy of the then-current user documentation for the Services and related Products in paper or electronic form(Product User Documentation). The Product User Documentation will include all environmental specifications that must be met in order for the Services and related Products to operate in accordance with the Product User Documentation. Prior to the installation of Product(whether performed by you or TASER),you must prepare the Installation Site in accordance with the environmental specifications set forth in the Product User Documentation. Following the installation of the Products,you must maintain the Installation Site where the Products have been installed in accordance with the environmental specifications set forth in the Product User Documentation. In the event that there are any updates or modifications to the Product User Documentation for any Products provided by us under this Agreement, including the environmental specifications for the Products,we will provide the updates or modifications to you when they are generally released by us to our customers. 9. Acceptance Checklist. We will present you with an Acceptance Checklist(Checklist)upon our completion of the Services. You will sign the Checklist acknowledging completion of the Services once the on-site service session has been completed. If you reasonably believe that we did not complete the Services in substantial conformance with this Agreement,you must notify us in writing of your specific reasons for rejection of the Services within 7 calendar days from delivery of the Checklist to you. We will address your issues and then will re-present the Checklist for your approval and signature. If we do not receive the signed Checklist or a written notification of the reasons for the rejection of the performance of the Services from you within 7 calendar days of delivery of the Checklist to you,the absence of your response will constitute your affirmative acceptance of the Services,and a waiver of any right of rejection. 10. Liability for Loss or Corruption of Data.The parties'default obligations concerning the liability for any loss or corruption of data under this Agreement are as follows: a. You are responsible for: (I)instituting proper and timely backup procedures for your software and data; (ii) creating timely backup copies of any of your software or data that may be damaged,lost,or corrupted due to our provision of Services; and(iii)using backup copies to restore any of your software or data in the event of any loss of,damage to,or corruption of the operational version of your software or data,even if such damage, loss,or corruption is due to our negligence. b. lf, as a direct result of our negligence in performing the Services, your software or data is damaged,lost,or corrupted,we will assist you in loading the media(e.g.,tape)in which you stored the backup copy of your software or data onto the server,mainframe,or other computer system to which your software or data is to be restored. The assistance provided by us may consist of telephone support to your personnel performing the software or data restoration. However,our assistance is conditioned upon TASER being notified by you within 24 hours of you becoming aware that your software or data has been damaged,lost,or corrupted as a direct result of our negligence in performing the Services. However,regardless of any assistance provided by us: (i)we will in no way be liable for the accuracy,completeness,success,or results of your efforts to restore your software or data;(ii)any assistance provided by us under this Section is without warranty,express or implied;and(iii)in no event will we be liable for loss of,damage to,or corruption of your data from any cause. c. The section does not apply to your data stored on EVIDENCE.com and covered by the EVIDENCE.com Master Service Agreement. 11. Intellectual Property. We own all right,title and interest in all Pre-Existing Works and Documentation. We grant to you,unless otherwise agreed in writing by the parties, a perpetual,non-revocable,royalty-free,non- TINet: Ptetssslanal Sandals Agreement Qepaetameni Legal Veailen: 3.0 Release Oats: 12/11/2013 Page 4 of 6 mirik9e Professional Services Agreement exclusive,right and license to use,execute or copy,the Pre-Existing Works provided to you in connection with the delivery of Services and in accordance with this Agreement. 12. CQnfidentlality. A receiving party may use the disclosing party's Confidential Information only in connection with TASER's performance of the Services under this Agreement. The receiving party will not disclose the disclosing party's Confidential Information during the Term or at any time during the 5-year period following the end of the Term. The receiving party will take all reasonable measures to avoid disclosure,dissemination or unauthorized use of the disclosing party's Confidential Information,including,at a minimum,those measures taken to protect Its own confidential information of a similar nature. 13. Indemnification. Except to the extent caused by the negligent acts or willful misconduct of you,we will indemnify,defend and hold you, your officers,directors,employees,agents,and permitted assigns(each Agency Indemnitee)harmless from and against all claims,demands,losses,liabilities,costs,expenses,and reasonable attorneys'fees,arising out of a claim by a third party against an Agency Indemnitee resulting from any negligent act,error or omission,or willful misconduct of TASER under or related to this Agreement. 14. Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT,THE WARRANTIES STATED IN THIS AGREEMENT ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY TASER. WE DO NOT MAKE AND HEREBY DISCLAIM,AND YOU EXPRESSLY WAIVE,ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. EXPRESSLY EXCLUDED ARE ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY OTHER STATUTORY OR COMMON LAW WARRANTY. UNDER NO CIRCUMSTANCES WILL EITHER PARTY HAVE ANY LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR LOSS OF PROFITS, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, EXCEPT FOR OBLIGATIONS OF CONFIDENTIALITY AND INDEMNIFICATION SET FORTH IN THIS AGREEMENT,THE LIABILITY OF EITHER PARTY TO THE OTHER PARTY FOR ANY REASON AND UPON ANY CAUSE OF ACTION WHATSOEVER WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID TO TASER UNDER THIS AGREEMENT FOR THE SERVICES IN THE PRIOR 12 MONTHS PRECEEDING THE CLAIM. NOTHING IN THIS SECTION LIMITS YOUR OBLIGATIONS UNDER SECTIONS 1 AND 2. 15. Insurance. We will maintain at our own expense and in effect during the Term,insurance coverage as set out below,and will furnish certificates of insurance or self-Insurance upon your request a. Commercial General Liability Insurance with limits of$1,000,000 per occurrence for Bodily Injury, Property Damage, and Personal and Advertising Injury; b. Workers'Compensation Insurance in compliance with the statutory requirements of.the state in which the Services are performed and Employers'Liability Insurance with limits of not less than$500,000 each Accident and Disease per Employee/Policy Limit; and c. Commercial Automobile Liability Insurance covering hired and non-owned vehicles for which we may be responsible with limits of$1,000,000 per occurrence Bodily Injury and Property Damage. 16. General. a. Non-Discriminatory Employment. We will not unlawfully discriminate against any individual based on race,color,religion, nationality, sex,sexual orientation,age,or condition of disability. We understand and agree that we are bound by and will comply with the nondiscrimination mandates of all Federal,State and local statutes. b. Notifications. Any notice permitted or required under this Agreement will be deemed to have been given if it is in writing and personally served or delivered,mailed by registered or certified mail(return receipt requested), delivered by a national overnight courier service with confirmed receipt,or sent by email to the parties at the addresses listed in the signature block at the end of this Agreement. c. Force Majeure. We will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances,systemic electrical,telecommunications,or other utility failures, earthquake,storms or other elements of nature,blockages,embargoes, riots,acts or orders of government,acts of terrorism,or war. d. Independent Contractors;Non-Exclusive Rights. The parties are independent contractors,and neither Me: Professions!Services Agreement Department: Legal Verges: 3.0 Release Date: 19/1112.013 Page 6 of 6 1'"91E Professional Services Agreement party,nor any of their respective affiliates,Is an agent of the other for any purpose or has the authority to bind the other.This Agreement does not create a partnership,franchise,joint venture, agency,or fiduciary or employment relationship between the parties. e. Entire Agreement;Modification.This Agreement,including the Quote, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements,proposals,or representations, written or oral,concerning our provision of the Services. No modification,amendment,or waiver of any provision of this Agreement will be effective unless in writing and signed by both parties.All headings are for reference purposes only and must not affect the interpretation of the Agreement. f. Severabllity. This Agreement is contractual and not a mere recital. Sections 1-2,5-6, 10-15,and 17-18 will continue in force and effect after termination of this Agreement. If any portion of this Agreement is held to be invalid or unenforceable,the remaining portions of this Agreement will remain in full force and effect.Any invalid or unenforceable portions will be interpreted to the effect and intent of the original portion. If such construction is not possible,the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect. g. Waiver. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of the provision nor limit the party's right to enforce the provision at a later time. h. Voluntary Agreement.This Agreement was negotiated and executed voluntarily and is not the result of duress,fraud, undue influence or any threat of any kind. All parties had the opportunity to consider this Agreement, to consult with counsel,and fully understand the Agreement. I. No Third-Party Beneficiaries. This Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement. j. Assignment. Neither party may assign or otherwise transfer this Agreement or any of its rights and obligations under this Agreement without theprior written approval of the other art •except that we mayassign or 9 9 RP party; P 9 otherwise transfer this Agreement or any of our rights or obligations under this Agreement without the consent of you(a)In connection with a merger,acquisition or sale of all or substantially all of our assets,or(b)to as part of a corporate reorganization. Subject to the foregoing,this Agreement will be binding upon,and inure to the benefit of the parties and their respective successors and assigns. k. Applicable Law.The validity,construction,interpretation,and administration of this Agreement will be governed by and must be interpreted under the laws of the State in which the Services are performed. In the event of any legal action to enforce the provisions of this Agreement,the successful party in enforcing any provision of this Agreement will be awarded that party's reasonable attorneys'fees and costs. 17. Definitions. "Confidential Information"means any and all financial,technical,legal,marketing, network and/or other business information,know-how, plans,records,files,file layouts,manuals,documentation,or data(including,but not limited to,computer programs,code systems,applications,analyses,passwords,procedures,output,software sales, personal individual information,and lists compilations). All information communicated during the course of this Agreement,whether written or oral,will be assumed confidential even if it is not specifically noted as such at the time of the disclosure. Both parties acknowledge and agree that a disclosing party's Confidential Information is the proprietary property of the disclosing party and constitutes valuable trade secrets. Nothing in this Agreement will be construed as granting the receiving party any right of use,title, or interest in the disclosing party's Confidential Information. "Installation Site"means the location(s)where the Products are to be installed. "Products"means all equipment,software,cloud based services, Product User Documentation and software maintenance releases and updates provided by us under this Agreement. "Product User Documentation"means either(i}specifications, explanatory or informational materials,whether in paper or electronic form,that relate to the Services provided under this Agreement,or(ii)user manuals,technical manuals,training manuals,specification or other explanatory or informational materials,whether in paper or electronic form,that relate to the Products provided under this Agreement. "Services"means the professional services provided by us pursuant to this Agreement. [Document Revised 12-11-2013] Microsoft is a trademark of the Microsoft group of companies. Is a trademark of TASER International.Inc.,and AXON and TASER are registered trademarks of TASER International,Inc.,registered In the U.S.AV rights reserved.0 2013 TASER International,Inc. Title: Professional Services Agreement Department: Legal Version: 3.0 Release Date: 12!1112013 Page 6 of 6 ATTACHMENT E 0 TABR EVIDENCE.com Master Service Agreement PROTECT LIFE By clicking the"I Agree"button or using the Service Offerings you agree that you have read and understand this Agreement and you accept and agree to be bound by the following terms and conditions.You represent to us that you are lawfully able to enter into contracts and if you are entering into this Agreement for an entity,such as the company,municipality,or government agency you work for,you represent to us that you have legal authority to bind that entity.If you do not have this authority,do not use the Service Offerings.If you disagree with any of the terms below,we do not grant you the right to use the Service Offerings and you should click"Cancel"to exit the installer and immediately discontinue all use of the Service Offerings. TASER International,inc.(TASER,we,us,or our)and you or the entity you represent(Agency or you)agree to all terms of the Agreement effective on the date you first agreed to this Agreement or first began using the Service Offerings("Effective Date"). 1. Access Rights.Upon the purchase or granting of a subscription from TASER and your opening of an Evidence.com account you wil have access and use of the Evidence.com Services and Your Content during the subscription term("Term").You and each of your end users agree to adhere to this Agreement and all laws,rules,regulations,and policies applicable to your use of the Evidence.com Services.If you become aware of any violation of this Agreement by an end user,you will Immediately terminate that end user's access to Your Content and the Evidence.com Services. 2. You Own Your Content.You control and own all right,title,and interest in and to Your Content and we obtain no rights to Your Content. You consent to our limited access to Your Content solely for the purpose of providing and supporting the Evidence.com Services to you and your end users.You represent that you own Your Content;and that none of Your Content or your end users'use of Your Content or the Evidence.com Services will violate this Agreement or applicable laws. 3. ,Evldence.com Data Security.We wil implement commercially reasonable and appropriate measures designed to secure Your Content against accidental or unlawful loss,access or disclosure.We will maintain a comprehensive Information Security Program(ISP")that Includes logical and physical access management,vulnerability management,configuration management,incident monitoring and response,encryption of digital evidence you upload,security education,risk management,and data protection.You are responsible for maintaining the security of your end user names and passwords and taking steps to maintain appropriate security and access by your end users to Your Content.Log-in t credentials are for your internal use only and you may not sell,transfer,or sublicense them to any other entity or person.You agree to be responsible for as activities undertaken by you,your employees,your contractors or agents,and your end users which result in unauthorized I access to your account or Your Content.Audit log tracking for the video data is an automatic feature of the Services which provides details as 1 to who accesses the video data and may be downloaded by you at any time. You will contact us immediately if you believe an unauthorized third party may be using your account or Your Content or if your account information is lost or stolen. 4. Our Support.We will make available to you updates as released by us to the Evidence.com Services.Updates may be provided electronically via the Internet.It is your responsibility to establish and maintain adequate access to the Internet In order to receive the updates. x We will use reasonable efforts to continue supporting the previous version of any API or software for 6 months after the change(except if doing so(a)would pose a security or Intellectual property Issue,(b)is economically or technically burdensome,or(c)is needed to comply with the , law or requests of governmental entities).You are responsible for maintaining the computer equipment and Internet connections necessary for your use of the Evidence.com Services. i ,, 5. Data Privacy.We will not disclose Your Content or any information about you except as compelled by a court or administrative body or I required by any law or regulation.We will give you notice if any disclosure request is received for Your Content so you may file an objection with the court or administrative body.You agree to allow us access to certain information from you in order to;(a)perform troubleshooting services for your account at your request or as part of our regular diagnostic screenings;(b)enforce our agreements or policiesovernin your 9 9 use of Evidence.com Services;or(c)perform analytic and diagnostic evaluations of the systems. 6. Data Storage.We will determine the locations of the data centers in which Your Content will be stored and accessible by your end users. n For United States customers,we will ensure that all of Your Content stored in the Evidence.com Services remains within the United States 1 s including any backup data,replication sites,and disaster recovery sites.You consent to the transfer of Your Content to third parties for the purpose of storage of Your Content.Third party subcontractors responsible for storage of Your Content are contracted by us for data storage services.Ownership of Your Content remains with you. 7. Fees and Payment.Additional end users may be added during the Term at the pricing in effect at the time of purchase of additional end users,prorated for the duration of the Term.Additional end user accounts will terminate on the same date as the pre-existing subscriptions. You are responsible for paying al subscription fees and applicable taxes and duties for Evidence.com Services.Unless otherwise specified by us,all fees for Evldence.com Services are due and payable net 30 days for approved credit.Payment obligations are non-cancelable and fees paid are non-refundable and all amounts payable will be made without setoff,deduction,or withholding.We reserve the right to charge additional fees for you exceeding your purchased storage amounts or for TASER's assistance in the downloading or exortin of Your Contentg, We may charge you interest at the rate of 1.5%per month(or the highest rate permitted by law,if less)on all late payments.If a delinquent account is sent to collections,you are responsible for di collection and attorneys'fees. 8. Suspension of Evidence.com Services.We may suspend your or any end user's right to access or use any portion or al of the Evidence.com Services immediately upon notice to you if we determine: y a. Your or an end user's use of or registration for the Evidence.com Services(I)poses a security risk to the Evidence.com Services or i' any third party,(I)may adversely impact the Evidence.com Services or the systems or content of any other customer,(iii)may subject us,our TM= EVHIEI10E.can Muter Minks Arnim! DspshcnefC Lest c{tandoea til Rehm.Oats: 11/25r2014 Page 1 of 8 `` t f TIR EVIDENC Escom Master Service Agreement PROTECT LIFE affiliates,or any third party to liability,or(iv)may be fraudulent; b. You are,or any end user Is,in breach of this Agreement,including if you are delinquent on your payment obligations for more than 30 days;or c. You have become the subject of any bankruptcy,reorganization,liquidation,dissolution,or similar proceeding. d. if we suspend your right to access or use any portion or all of the Evidence.com Services,you remain responsible for all fees and charges incurred through the date of suspension without any credits for any period of suspension.We will not delete any of Your Content on Evidence.com as a result of your suspension,except as specified elsewhere in this Agreement. 9. Term. a. Subscription Term.The start date of the Term of this Agreement will be determined based upon the shipment date of any hardware ordered as authorized by you In a signed Quote or purchase order and will remain in effect for the subscription Term agreed to In the Quote or purchase agreement together with any renewal Terms until terminated as provided in this Agreement If the hardware is shipped in the first half of a month,then the Term starts on the lit of the following month.If the hardware is shipped in the last half of a month,then the Term begins on the 15'of the following month.If no hardware is purchased,then the Term will begin on the first of the month following the Effective Date of the Agreement This Agreement automaticaly renews for additional successive Terms of one(1)year each after the completion of your Initial Term at the list prices then in effect,unless you give us written notice of cancellation sixty(60)days prior to the end of a Term. b. Free Trial Term.If you signed up for a free trial,you are granted a limited non-exclusive license to use the Evidence.com Services for the term of the free trial period("Trial Term').Upon the expiration of the Trial Term you must purchase the Evidence.com Services to continue to use the Evidence.com Services to access Your Content. c. Free EVIDENCE.com Lite Account.If you signed up for a free Evidence.com Lite account,you are granted a limited non-exclusive license to use the Evidence.com Lite Services. Your use of the Evidence.com Ute Services is not limited to a specific term and you may cancel your Evidence.com Ute account and download Your Content at any time.Evidence.com Ute allows users to manage their conducted electrical weapon(CEW)firing logs and TASER CAM data. 10. Termination. a. Termination for Convenience.We may terminate this Agreement for any reason by providing you 30 days advance notice.In the event that we terminate this Agreement under this Section we will issue you a refund of any prepaid amounts on a prorated basis. b. Termination for Cause. I. By Either Party.Either party may terminate this Agreement for cause upon 30 days advance notice to the other party if there is any material default or breach of this Agreement by the other party,unless the defaulting party has cured the material default or breach within the 30-day notice period.In the event that you terminate this Agreement under this Section and we failed to cure the material breach or default,we will issueou a refund of anyrepaid amounts on a prorated basis. yp II. By Aoencv. You are obligated to pay the fees under this Agreement as may lawfully be made from funds budgeted and appropriated for that purpose during your then current fiscal year.In the event that sufficient funds will not be appropriated or are not otherwise legally available to pay the fees required under this Agreement,this Agreement may be terminated by you. You agree to deliver notice of termination under this Section 10(bXii)at least 90 days prior to the end of the then current fiscal year. c, Effect of Termination.Upon any termination of this Agreement(a)all your rights under this Agreement immediately terminate;(b) you remain responsible for all fees and charges you have incurred through the date of termination;and(c)Sections 2,5-7,11,12(except the licensegranted toyou in Section 12),13,and 15-19 will continue to apply in accordance with their terms. 11. Return of Your Content, a. During the Term.You can log into the Evidence.com Services to retrieve and manually download Your Content at any time during the Term. b. After Termination.We will not delete any of Your Content as a result of a termination during the 90 days following termination. During this 90-day period you may retrieve Your Content only if you have paid all amounts due(there will be no application functionality of the Evidence.com Services during this 90-day period other than the ability for you to retrieve Your Content).You wil•not incur any additional fees if you download Your Content from the Evidence.com Services during this 90-day period.We have no obligation to maintain or provide any of Your Content after the 90-day period and will thereafter,unless legally prohibited, delete all of Your Content stored in the Evidence.com Services.Upon request,we will provide written proof that all of Your Content has been successfully deleted and fully removed from the Evidence.com Services. c. Post-Termination Assistance.We will provide you with the same post-termination data retrieval assistance that we generally make available to all customers.Requests that we provide additional assistance to you in downloading or transferring Your Content will result in additional fees from us and we will not warranty or guarantee data integrity or readability in the external system. 12. IP Rights.We or our licensors own and reserve all right,title,and interest in and to the Evidence.com Services and related software. ,y Subject to the terms of this Agreement,we grant you a limited,revocable,non-exclusive,non-sublicensable,non-transferrable license to • ail right,title,and interest in access and use the Evidence.com Services solely in accordance with this Agreement during the Term.We own ng and to the Evidence.com Services,including without limitation all intellectual Property Rights.If you or your end users provide any suggestions to us for enhancements or Improvements,we will own all right,title,and interest in and to the suggestions and have the right to use the Ulm EVIODICEAnte Moab.semi.AMtsrww.t Daprrtnirng t.sat vssnl.a: io Meese Data MOM Page 2 of 6 TAE Ft EVIDENCE.com Master Service Agreement P R A T !f C T LIFE suggestions without restriction,even If you or your end users have designated the suggestions as confidential.You irrevocably assign to us all right,tile,and Interest in and to the suggestions and agree to provide us any assistance we may require to document,perfect,and maintain our rights in the suggestions. 13. License Restrictions.Neither you nor any of your end users may use the Evldence.com Services In any manner or for any purpose other than as expressly permitted by this Agreement Neither you nor any of your end users may,or attempt to:(a)permit any third party to access the Evidence.com Services except as permitted In this A eement;(b)modify,alter,tamper with,repair,or otherwise create derivative works of any of the Evidence.com Senrices;(c)reverse engineer,disassemble,or decompile the Evidence.com Services or apply any other process or procedure to derive the source code of any software included In the Evidence.00m Services,or allow any others to do the same;(d) access or use the Evidence.com Services in a way intended to gain unauthorized access,avoid incurring fees or exceeding usage limits or quotas;(e)copy the Evidence.com Services in whole or part,except as expressly permitted in this Agreement;(f)use trade secret Information contained in the Evidence.com Services,except as expressly permitted in this Agreement;(g)resell,rent,loan,or sublicense the Evidence.com Services;(h)access the Evidence.com Services in order to build a competitive product or service or copy any features, functions,or graphics of the Evidence.com Services;(i)remove,alter,or obscure any confidentiality or proprietary rights notices(inducing copyright and trademark notices)of ours or our licensors on or within the Evidence.com Services or any copies of the Evidence.com Services; or 0)use the Evidence.com Services to store or transmit infringing,libelous,or otherwise unlawful or tortious material,to store or transmit material in violation of third-party privacy rights,or to store or transmit malicious code.All licenses granted to you in this Agreement are conditional on your continued compliance this Agreement,and will immediately and automatically terminate if you do not comply with any term or condition of this Agreement.During and after the Term,you will not assert,nor will you authorize,assist,or encourage any third party to assert,against us or any of our affiliates,customers,vendors,business partners,or licensors,any patent infringement or other intellectual property infringement daim regarding any Evidence.com Services you have used.You may only use our trademarks in accordance with the TASER Trademark Use Guidelines(located at www.TASER.com). 14. Third-Party Products and Services.No purchase of third-party products or services Is required to use the Evidence.com Services other than a computer and Internet access.Any acquisition by you of third-party products or services and any exchange of data between you and any third-party provider,is solely between you and the applicable third-party provider.We do not warrant or support third-party products or services,whether or not they are designated by us as"certified"or otherwise,except as specified in a Quote.If you install or enable Third- Party Appications for use with Evidence.com Services,you acknowledge that we may need to allow providers of those Third-Party Applications to access Your Content as required for the interoperation of the Third-Party Applications with the Evidence.com Services.We are not responsible for any disclosure,modification or deletion of Your Content resulting from any access by Third-Party Application providers. 15. Representations by You. You represent and warrant to us that:(a)you have been duly authorized by the laws of the applicable jurisdiction,and by a resolution of your governing body,if legally required,to execute and deliver this Agreement and to carry out your obligations under this Agreement;(b)all legal requirements have been met,and procedures have been followed,including public bidding,if legaly required,in order to ensure the enforceability of this Agreement;(c)if you are a government agency,that the Evidence.com Services will be used by you only for essential governmental or proprietary functions consistent with the scope of your authority and will not be used in a trade or business of any person or entity,by the federal government or for any personal,family or household use;and(d)if you are a government agency,you have funds available to pay until the end of its current appropriation period,and you intend to request funds to make payments in each appropriation period,from now until the end of the Term. 16. Our Warranty.We warrant that the Evidence.com Services(a)will perform materially In accordance with the Documentation,(b)will be performed in a timely and professional manner by qualified persons with the technical skills,training,and experience to perform the Evidence.com Services,and(c)w not Infringe or misappropriate any patent,copyright,trademark,or trade secret rights of any third party.All warranties or guarantees given or made by us with respect to the Evidence.com Services are solely for the benefit of you and your end users and are not transferable and are null and void if you breach any term or condition of this Agreement. THE EVIDENCE.COM SERVICES ARE PROVIDED"AS IS."WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,WHETHER EXPRESS,IMPLIED,STATUTORY OR OTHERWISE THAT THE EVIDENCE.COM SERVICES OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED,ERROR FREE OR FREE OF HARMFUL COMPONENTS,OR THAT ANY CONTENT,INCLUDING YOUR CONTENT OR THE THIRD-PARTY CONTENT,WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED,OR THAT THE EVIDENCE.COM SERVICES WILL MEET YOUR REQUIREMENTS.EXCEPT AS PROVIDED IN THIS SECTION 16,TO THE EXTENT PROHIBITED BY LAW,WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES,INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY,SATISFACTORY QUALITY,FITNESS FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT,OR QUIET ENJOYMENT,AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE EVIDENCE.COM SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.YOU ARE SOLELY RESPONSIBLE FOR:(A)ALL DATA BEFORE IT IS UPLOADED TO THE EVIDENCE.COM SERVICES;(B)CONFIGURING AND SETTING UP ANY HARDWARE OR NETWORKS THAT YOU CONNECT TO THE EVIDENCE.COM SERVICES;(C)YOUR NETWORKS AND HOW THEY MAY INTERACT WITH THE HARDWARE,SOFTWARE,OR EVIDENCE.COM SERVICES;AND(D)ANY SECURITY SETTINGS YOU ESTABLISH TO INTERACT WITH OR ON THE EVIDENCE.COM SERVICES. WE DISCLAIM ANY WARRANTIES OR RESPONSIBILITY FOR DATA CORRUPTION OR ERRORS BEFORE THE DATA IS UPLOADED TO llder EVIL EIICE.am Manu service Amerind DePliftiot Lira Virden: U Itelseso Debs: swam Page 3 of 6 TAKER EVIDENCE.coni Master Service Agreement PROTECT LIFE THE EVIDENCE.COM SERVICES. 17. Indemnification and Hold Harmless.This Section states a party's sole liability to,and the party's exclusive remedy against,the other party for any type of claim spedfied below. a. Indemnification by Us.We will defend,Indemnify,and hold you harmless,and each of your respective employees,officers, directors,and representatives from and against any claims,damages,losses,habilities,costs,and expenses(including reasonable attorneys' fees)arising out of or rel:i ng to any:(a)acts or omissions of us or our subcontractors or anyone directly or incfirectiy employed by any of them or anyone for whose acts arising out of or related to this Agreement any of them may be liable,save and except for damage or injury caused solely by the negligence of you or your agents,officers,or employees;and(b)third-party claim alleging that the use of the Evidence.com Services as permitted under this Agreement infringes or misappropriates the intellectual property rights of a third party.You must provide us with prompt written notice of each such claim,tender to us the defense or settlement of each such claim at our expense,and cooperate fully with us in the defense or settlement of each such Balm.if we receive notice of an alleged infringement,or if your use of the Evidence.com Services will be prevented by permanent Injunction,we may,at our sole option and expense,procure for you the right to continue using the Evidence.com Services as provided in this Agreement,modify the Evidence.com Services so that it no longer infringes,replace the Evidence.com Services with other services of equal or superior functional capability,refund to you all amounts paid by you to us under this Agreement for the Evidence.com Services in the 1-year period immediately preceding the first event giving rise to the claim of infringement,or in the case of trademark Infringement,Instruct you to use an alternative trademark. We have no lability to you or any third party if any alleged infringement or claim of infringement is to any extent based upon:(a)any modification of the Evidence,c om Services by you or any third party not approved by us;(b)use of the Evidence.com Services in connection or hi combination with equipment,devices,or services not approved or recommended by us;(c)the use of Evidence.com Services other than as permitted under this Agreement or in a manner for which it was not Intended;or(d)the use of other than the most current release or version of any software provided by us as part of or in connection with the Evidence.com Services.Nothing in this Section will affect any warranties in favor of you that are otherwise provided in or arise out of this Agreement b. Hold Harmless by You.To the extent permitted by your jurisdiction's local law,you will hold harmless us,our affiliates and licensors,and each of their respective employees,officers,directors,and representatives from and against any Balms,damages,losses, liabilities,costs,and expenses(including reasonable attorneys'fees)arising out of or relating to any third-party claim concerning:(a)your or any of your end users'use of the Evidence.com Services(including any activities under your account and use by your employees and agents); (b)breach of this Agreement or violation of applicable law by you or any of your end users;(c)Your Content or the combination of Your Content with other applications,content or processes,induding any claim involving alleged infringement or misappropriation of third-party rights by Your Content or by the use of Your Content(d)a dispute between you and any of your end users;or(e)a dispute between you and any third-party over your collection or use of Your Content You agree to maintain insurance coverage up to the amount allowed by State and local laws and regulations that would cover any claims,damages,losses,liabilities,costs,and expenses(including reasonable attorneys'fees) arising out of or related to any third-party claim in this section 17(b). 18. JJmltations of Liability.WE AND OUR AFFIUATES OR LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT,INDIRECT, INCIDENTAL,SPECIAL,CONSEQUENTIAL OR EXEMPLARY DAMAGES(INCLUDING DAMAGES FOR LOSS OF PROFITS,GOODWILL, USE,OR DATA),EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.FURTHER,NEITHER WE NOR ANY OF OUR AFFIUATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION,REIMBURSEMENT,OR DAMAGES ARISING IN CONNECTION WITH:(A)YOUR INABILITY TO USE THE EVIDENCE.COM SERVICES,INCLUDING AS A RESULT OF ANY(I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE EVIDENCE.COM SERVICES,(ii)OUR DISCONTINUATION OF ANY OR ALL OF THE EVIDENCE.COM SERVICES,OR,(iii)WITHOUT LIMITING ANY OTHER OBLIGATIONS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE EVIDENCE.COM SERVICES FOR ANY REASON,INCLUDING ASA RESULT OF POWER OUTAGES,SYSTEM FAILURES OR OTHER INTERRUPTIONS;(B)THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;(C)ANY INVESTMENTS,EXPENDITURES,OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE EVIDENCE.COM SERVICES;OR(D)ANY UNAUTHORIZED ACCESS TO,ALTERATION OF,OR THE DELETION,DESTRUCTION,DAMAGE,LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA.IN ANY CASE,WHETHER IN CONTRACT,TORT OR UNDER ANY OTHER THEORY OF LIABILITY,OUR AND OUR AFFILIATES'AND LICENSORS'AGGREGATE UABIUTY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF$100,000 OR THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE EVIDENCE.COM SERVICES THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM. 19. Miscellaneous. a. Definitions. 1. "Evidence.com Services"means our web services for Evidence.com,the EVIDENCE.com site,EVIDENCE Sync software, EVIDENCE Mobile App,AXON®Mobile App,other software,maintenance,storage,and any other product or service provided by us under this Agreement This does not Include any Third-Party Applications,hardware warranties,or the my.evidence.com services. s' II. "Your Content"means software,data,text,audio,video,images or other content you or any of your end users(a)run on the Evidence.com Services,(b)cause to interface with the Evidence.com Services,or(c)upload to the Evidence.com Services rarer EVIDENCE.com M.NW.,Senrlw Agr......d OapsA.ee Lh•i V.rl.a: LO Rd.w Oahu IJrI'i!l�l� Page 4 of 6 ti "1""A�IER EVtDEN CE.com Master Service Agreement PROTECT t IF t under your account or otherwise transfer,process,use or store in connection with your account. ill. "Documentation"means the user guides,quick reference guides,and other technical and operations manuals and • specifications for the Evidence.com Services provided by us,as that documentation may be updated by us from time to time. Iv. "Confidential Information"means all nonpublic information disclosed by us,our affiliates,business partners or our or their respective employees,contractors or agents that is designated as confidential or that,given the nature of the information or circumstances surrounding its disclosure,reasonably should be understood to be confidential.Confidential Information Includes: (a)nonpublic information relating to our or our affiliates or business partners'technology,customers,business plans, promotional and marketing activities,finances and other business affairs;(b)third-party information that we are obligated to keep confidential;and(c)the nature,content and existence of any discussions or negotiations between you and us or our affliates that is not subject to your public record laws.Confidential Information does not Include any information that:(I)is or becomes publicly available without breach of this Agreement;(iii can be shown by documentation to have been known to you at the time of your recut from us;(ill)is received from a third party who did not acquire or disclose the same by a wrongful or tortious act;or(iv)can be shown by documentation to have been independently developed by you without reference to the Confidential Information. v. "Policies"means any Service Level Agreement,the Trademark Use Guidelines,all restrictions described on the Evidence.com site,and any other policy or terms referenced in or incorporated into this Agreement.Policies do not include whitepapers or other marketing materials. b. Confidentiality.Any party may use the other pasty's Confidential Information only as permitted under this Agreement Except as re following the by applicable law or judicial order,you will not disclose our Confidential Information during the Term or at any time during the 5-year period qend of the Term.You will take at reasonable measures to avoid disclosure,dissemination or unauthorized use of our Confidential Information, c. Force Majeure.Neither party will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond the parties'reasonable control,including acts of God,labor disputes or other industrial disturbances, systemic electrical,telecommunications,or other utility failures,earthquake,storms or other elements of nature,blockages,embargoes,riots, acts or orders of government,acts of terrorism,or war. d. Independent Contractors.The parties are independent contractors,and neither party,nor any of their respective affiliates,is an agent of the other for any purpose or has the authority to bind the other.This Agreement does not create a partnership,franchise,joint venture, agency,fiduciary,or employment relationship between the parties. e. No Third-Party Beneficiaries.This Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement. f. Non-discrimination and Equal Opportunity.During the performance of this Agreement,we agree that neither we nor our employees will discriminate against any person,whether employed by us or otherwise,on the basis of basis of race,color,religion,gender, age,national origin,handicap,marital status,or political affiliation or belief.In all solicitations or advertisements for employees,agents, subcontractors or others to be engaged by us or placed by or on behalf of us,we will state all qualified applicants will receive consideration for employment without regard to race,color,religion,gender,age,national origin,handicap,marital status,or political affiliation or belief. g. U.S.Government Rights.The Evidence.com Services are provided to the U.S.Government as"commercial items,""commercial computer software,""commercial computer software documentation,"aid"technical data"with the same rights and restrictions generally the Evidence.com Services.Iinconsistent you are using the Evidence.com Services on behalf of the U.S.Government and these terms fail to meet the U.S.Government's needs or are applicable i ncons' ent in anyrespect with federal law,you will immediately discontinue your use of the fist Evidence.com Services.The terms'commercial item,""commercial computer software,""commercial computer software documentation,"and "technical data"are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement. h. Import and Export Compliance.In connection with this Agreement,each party will comply with all applicable import,re-import, export,and re-export control laws and regulations,including the Export Administration Regulations,the International Traffic in Arms Regulations,and country-specific economic sanctions programs implemented by the U.S.Office of Foreign Assets Control.You are solely responsible for compliance related to the manner In which you choose to use the Evidence.com Services,including your transfer and P9 rocessin of Your Content,the provision of Your Content to end users,and the region in which any of the foregoing occur. I. Assignment.Neither party may assign or otherwise transfer this Agreement or any of Its rights and obligations under this Agreement without theprior written approval of the other party;except that we may assign or otherwise transfer this Agreement or any of our rights or obligations under this Agreement without your consent(a)for financing purposes,(bj in connection with a merger,acquisition or sale of all or substantiaty all of our assets,(c)to as part of a corporate reorganization,or(d)to a subsidiary corporation.Subject to the foregoing,this Agreement will be binding upon,and inure to the benefit of the parties and their respective successors and assigns. jNo Waivers.The failure byeither party to enforce any provision of this Agreement will not constitute a present or future waiver of the • ion at a later time.Ali waivers byamust be in writing and sent in accordance with provision nor limit the party's right to enforce the prowls party this Agreement to be effective. k. Severability.This Agreement is contractual and not a mere recital.If any portion of this Agreement is held to be invalid or unenforceable,the remaining portions of this Agreement will remain in full force and effect.Any invalid or unenforceable portions will be Mb; £VWEMCt.m S,Mc.Agreement wr.r.rrart Wastes: 1.0 Rides.Patin 5r252014 Page 5 of 6 TBEFI EVIDENCE.co m Master Service Agreement PROTECT LP interpreted to effect and intent of the original portion.If such construction is not possible,the invalid or unenforceable portion will be severed from this Agreement but the rest of the Acjeement will remain in full force and effect. I. Governing Law;Venue.The laws of the state where you are physically located,without reference to conflict of law rules,govern this Agreement and any dispute of any sort that might arise between the parties.The United Nations Convention for the erna int Goods does not apply to this Agreement. international Sale of m. Litigation Costs.In the event of any legal action to enforce the provisions of this Agreement,the successful party in enforcing provision of this Agreement will be awarded that party's reasonable attorneys'fees and costs. any n. Notices.Ali communications and notices to be made or given pursuant to this Agreement must be in the English language. L To You.We may provide any notice to you under this Agreement by:(I)posting a notice on your specific agency EVIDENCE.com site;or(I)sending a message to the email address(es)then associated with your account.Notices we provide by posting on your EVIDENCE.com site will be effective upon posting and notices we provide by email will be effective when we send the email.You will be deemed to have received any email sent to the small address then associated with your account when we send the email,whether or not you actually receive the email. II. To Us.To give us notice under this Agreement,you must contact us:(i)by email transmission to evidencecxmbacts@taser,com;or(ii)by personal delivery,overnight courier or registered or certified mail to TASER International,Inc.,ATTN:Evidence Contracts,17800 N.8511 Street,Scottsdale,Arizona 85255.We may update the email or address for notices to us by posting a notice on your Evidence.com site,Notices provided by personal delivery will be effective immediately.Notices provided by email transmission or overnight courier will be effective one business day after they are sent Notices provided registered or certified mail will be effective 3 business days after they are sent. o. Entire Agreement.This Agreement,including the Policies and the Quote provided by TASER,is the entire agreement between you and TASER regarding the Evidence.com Services.This Agreement supersedes all prior or contemporaneous representations,understandings, agreements,or communications between you and TASER,whether written or verbal,regarding the subject matter of this Agreement.You agree that your purchases are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by us regarcfing future functionally or features of the Evidence.com Services.We will not be bound by,and specifically object to,any term,condition or other provision which is different from or in addition to the provisions of this Agreement(whether or not it would materiallyalter this Agreement)and which is submitted byyou in anyorder,receipt,acceptance,� 1 p confirmation,correspondence or other document No modification or amendment of any portion of this Agreement will be effective unless in writing and signed by the parties to this Agreement.If we provide a translation of the English language version of this Agreement,the English language version of the Agreement will control If there is any conflict. p. Voluntary Agreement.This Agreement was negotiated and executed voluntarily and is not the result of duress,fraud,undue influence or any threat of any kind.All parties had the opportunity to read and consider this Agreement,to consult with counsel,and fully understand the Agreement. q. Time is of the Essence.Time is of the essence in connection with all matters and obligations pertaining to this Agreement. r. Counterparts.If this Agreement from requires the signatures of the parties,then this Agreement may be executed in any number of counterparts,each of which will be considered an original for all purposes,and ail of which,when taken together,constitute one and the same Agreement. [Document revised 6-25-2014] 'Protect Life'and Cb are trademarks of TASER International,Inc.,and TASER and AXON are registered tademarks of TASER International,hc.,registered In the U.S.Al!rights reserved®2014 TASER international,Inc. Tidos EVICENCE.cn.t WNW Simko Aot..m r i Darimmont L.p.$ Minim: Li Remo air. 0f2312014 Page 6 of 6 Meridian City Council Meeting DATE: November 18, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES l� 5wt�- Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 18, 2014 ITEM NUMBER: 8A PROJECT NUMBER: TEC 14-006 ITEM TITLE: JERICHO Public Hearing Continued from November 5, 2014: TEC 14-006 Jericho by Viper Investments, LLC Located West Side of N. Jericho Road and South of Chinden Boulevard Request: One (1) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE November 18, 2014 ITEM # 8A PROJECT NUMBER PROJECT NAME CITY OFCMbp, CITY CLERKS OI TEC 14-006 Jericho FOR I AGAINST I NEUTRALI Meridian City Council Meeting DATE: November 18, 2014 ITEM NUMBER: PROJECT NUMBER: VAC 14-006 ITEM TITLE: SPURWING RIM (LOTS 7&8, Block 1) Public Hearing: VAC 14-006 Spurwing Rim (Lots 7 & 8, Block 1) by The Club at Spurwing, LLC Located North of Chinden Boulevard and East of N. Jayker Way Request: Vacate the 10 -Foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement Along the Shared Lot Lines of Lots 7 and 8, Block 1 Platted with the Spurwing Rim Subdivision 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 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE November 18, 2014 ITEM # 813 PROJECT NUMBER VAC 14-006 PROJECT NAME Spurwing Rim (Lots 7 & 8, Block 1) PLEASE PRINT NAME OF CITY FOR I AGAINST I NEUTRALI Meridian City Council Meeting DATE: November 18, 2014 ITEM NUMBER: 8C PROJECT NUMBER: FP 14-041 ITEM TITLE: CHINDEN AND LINDER CROSSING SUBDIVISION FP 14-041 Chinden and Linder Crossing Subdivision by LEI Engineers Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Final Plat Approval Consisting of Nine (9) Commercial Lots and Two (2) Common Lots on Approximately 9.43 Acres in the C -C Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 18, 2014 ITEM NUMBER: PROJECT NUMBER: FP 14-040 ITEM TITLE: SCENTSY COMMONS SUBDIVISION FP 14-040 Scentsy Commons Subdivision by Hot I, LLLP Located 3001 E. Commercial and 2701 E. Pine Avenue Request: Final Plat Approval Consisting of Seven (7) Building Lots on 60.73 Acres of Land in the I -L, L -O and C -G Zoning Districts MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 18, 2014 ITEM NUMBER: PROJECT NUMBER: AZ 14-012 ITEM TITLE: HILL'S CENTURY FARM Public Hearing: AZ 14-012 Hill's Century Farm by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Annexation and Zoning of 223.73 Acres with an R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 18, 2014 ITEM NUMBER: PROJECT NUMBER: PP 14-014 ITEM TITLE: HILL'S CENTURY FARM Public Hearing: PP 14-014 Hill's Century Farm by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Preliminary Plat Approval Consisting of 675 Building Lots, 47 Common Area Lots and 1 Other (Elementary School) Lot on 221.8 Acres of Land 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 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE November 18, 2014 ITEM # PROJECT NUMBER 8E3 F AZ 14-012 and PP 14-014 PROJECT NAME Hill's Century Farm PLEASE PRINT NAME FOR AGAINST NEUTRAL 62arel6K u_F4a 6 .J 4i I�� CITYOFGCIEK_I„ - Meridian City Council Meeting DATE: November 18, 2014 ITEM NUMBER: gA PROJECT NUMBER: ITEM TITLE: ORDINANCE NO. Ordinance No.—14- I U31 : An Ordinance Amending Title 3, Business and License Regulations, Chapter 8, Private Security Services of the Meridian City Code, for the Purpose of Deleting 3-8-2 License Required; Exemptions; 3-8-3 Application for License; 3-8-4 License Issuance; Denial; Revocation; and Amending 3-8-5 Operating Requirements; and 3-8-6 Penalty; and Providing an Effective Date. 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 CITY OF MERIDIAN ORDINANCE NO. 1 `4 - I U31 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING THE CITY OF MERIDIAN PRIVATE SECURITY SERVICES TO ELIMINATE LICENSING OF PRIVATE SECURITY GUARDS, BUT REQUIRING CERTAIN STANDARDS BE MET BY ALL PRIVATE SECURITY COMPANIES OR AGENTS OPERATING WITHIN THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian desires to amend its ordinance regarding Private Security Services operating within the City of Meridian by eliminating a requirement for licensing of this activity; and WHEREAS, the City Council finds establishing standards of appearance while operating as a private security agent or guard within the City is necessary to protect the health and safety of its citizens so that security guards or agents are not confused with law enforcement personnel; and NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 3, Chapter 8, of the Meridian City Code, is amended to read as follows: Chapter 8 PRIVATE SECURITY SERIES STANDARDS DEFINITIONS: 3 8 21 LICENSE,_. • , . • •. .•. _ 3-8-52: OPERATING REQUIREMENTS: 3-8-63: PENALTY: 3-8-1: DEFINITIONS: For the purposes of this chapter, the following words and derivations thereof shall be defined as follows: PRIVATE SECURITY GUARD OR AGENT: Any person who provides or performs private security services, for any consideration whatsoever. PRIVATE SECURITY SERVICES: Any private employer, service, or system which purports to provide, or does provide, any watchman or guard to patrol, guard, or watch any property, or which employs any person to perform any type of duty to guard, protect or maintain security, peace, and order. (Ora. ^a '421, ? 14 2009) -A WAI 011 PA M 1711111 NLIA.. .r�.!srss:zssrsra:�� _ Ems . MORN.. . ... Forme Romar f''E7SlRRf'llTd:�S.f. .. ... S'>�S!'FitST........... �S'ZfTRflllS"dN Forma Romar r�ssss� • 11 i 111 11 111 11 I• Forma Romar r�ssss� • 11 i 111 Forma Romar r�ssss� f�7ff!!T�!!*!f!/T�!Td�fITS�!lIFRSSlE'f !*filalTJ!!!T!C'F.tlf!E!!}'ESf�FYf I--------------- j:. _ I--------------- •• �� ��� 3-832: OPERATING REQUIREMENTS: A. It shall be unlawful for any private employer or private security agent to use or authorize the use of any uniform, clothing, uniform emblems or shoulder patches having a color, design and/or shape such as makes any of them individually, or some or all of them in the aggregate, appear indistinguishable from any uniform, uniform emblems and/or shoulder patches of the eity police ao......«mentany Ada County law enforcement agency both cities and counties. All private security agents shall wear a badge, name plate, patch or tape reading -dearly identifyingsecurity ecurity agent as one of the following: "Security, private security service, security officer, security guard or private security" on the left breastfiont of the clothing and visible of -on any and all uniforms and/or clothing. 3-8-63: PENALTY: A first and second violation of any prevision of this chapter shall be man infraction punishable by a fiftv dollar ($50.00) fine for the first offense; a one hundred dollar ($100.00) for the second offense,; and the third and any other subsequent offenses shall be a misdemeanor, punishable by such fine and/or imprisonment as established by Idaho Code. penalty, any pef-son violating a" provisiott of this ehapter shall be subjeet to a" and all ather ~pliea le ..a,-.inist...tive criminal,and/or civil ponalt:o Each day upon which a violation of this chapter continues or occurs may be deemed a separate and distinct violation. PASSED by the City Council of the City of Meridian, Idaho, this L day of November, 2014. APPROVED by the Mayor of the City of Meridian, Idaho, this j6 ' day of November, 2014. APPROVED: ATTEST: � _fiAUl bt Taff • ii =de ` eo d ^a "°' Ja olm City Clerk Meridian City Council Meeting DATE: November 18, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES /Ovl�� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS