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2015-05-19WE IDIA 4 CITY COUNCIL REGULAR IDAHO MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, May 19, 2015 at 6:00 PM 1. Roll -Call Attendance X David Zaremba X 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, Lead Pastor, Calvary Chapel Meridian 4. Adoption of the Agenda Adopted 5. Proclamation A. Proclamation for Huntington's Disease Awareness Month B. Amended onto the Agenda: Proclamation for Rocky Mountain High School State Champions Day 6. Consent Agenda Approved A. Approve Minutes of May 12, 2015 City Council Workshop Meeting B. Development Agreement for Approval: RZ-15-002 Calderwood Business Park by GGR, LLC Located Southeast Corner of S. Meridian Road and E. Calderwood Drive C. Agreement for Connection to Public Sewer System: Jean Shepp - 1407 W. Carlton St. D. Professional Services Agreement with Kings of Swing for Musical Talent for Concerts on Broadway in an Amount Not -to -Exceed $2,500.00 E. Meridian Community Block Party 2015 Sponsorship Agreement Between Westside Body Works and the City of Meridian for a Not -to -Exceed Amount of $1,500.00 Meridian City Council Meeting Agenda — Tuesday, May 19, 2015 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Silver Oaks Apartments Sewer and Water Easement G. Approval of Evergreen Sole Source Purchase for Trojan UV Lights and related products from DC Frost Associates, Inc. and authorize the Purchasing Manager to issue and sign purchase orders and/or contracts to DC Frost Associates for the above mentioned products. H. Three Corners Subdivision Water Main Easement Approval of Award of Bid and Agreement to LAWN, Co. for the "WWTP FRONTAGE IMPROVEMENTS — LANDSCAPING CONTRUCTION" Project for a Not -To -Exceed Amount of $99,939.07 J. United Heritage Water Easement K. Memorandum of Agreement for Contribution to Main Street and Fairview Avenue Public Art Project by Meridian Development Corporation in the amount of $40,000.00 L. Professional Services Agreement with Erin and Her Cello for Musical Talent for Concerts on Broadway in an Amount Not -to -Exceed $3,000.00 M. Professional Services Agreement with Kevin Patrick Kirk, Inc. for Musical Talent for Concerts on Broadway in an Amount Not -to -Exceed $4,000.00 N. Findings of Fact, Conclusions of Law: AP 15-001 Request for City Council Approval of a Reduction in the Buffer Width Required in the C -G Zoning District to Residential Uses as Allowed by UDC 11 -3B -9C2 for Sonic Drive - In at Paramount O. Final Order for Approval: FP 15-014 Granton Square Subdivision Located on the East Side of N. Locust Grove Road, South of East Ustick Road, Request for Final Plat Approval Consisting of 27 Single Family Residential Lots and 6 Common Lots on Approximately 4.70 Acres of Land in the R-8 Zoning District by Granton Square Properties LLC 7. Items Moved From Consent Agenda None 8. Action Items A. Staff Letter of Recommendation for Approval of Floodplain Variance Request of Building at 47 E. Bower St. Approved B. Public Hearing Continued from May 5, 2015: Consider the conveyance to the Ada County Highway District of approximately 2,446 square feet of real Meridian City Council Meeting Agenda —Tuesday, May 19, 2015 Page 2 of 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. property located at the SW corner of North Meridian Road and West Railroad Street in the City of Meridian, Ada County, Idaho Continued to June 2, 2015 C. Public Hearing: VAC 15-004 Reflection Ridge Subdivision No. 3, Lots 2-5, Block 8 by Matt Schultz Located Approximately 1/2 Mile South of E. Victory Road and 1/2 Mile West of S. Locust Grove Road Request: Vacate the Existing Five (5)- Foot Wide Public Utility Easement that Lies Across Lots 2, 3, 4 and 5, Block 8 Approved D. Public Hearing: MDA 15-004 Woodland Springs by Morgan Development Located 1728 and 1736 E. McMillan Road Request: Modification to the Development Agreement to Change the Architectural Design of One of the Structures on the Site Approved E. Public Hearing: RZ 15-004 Verona East Subdivision by Primeland Investment Group, LLC Located East of N. Ten Mile Road and North of W. McMillan Road Request: Rezone of 0.67 Acres of Land from the L -O Zoning District to the R-8 Zoning District Approved F. Public Hearing: PFP 15-001 Verona East Subdivision by Primeland Investment Group, LLC Located East of N. Ten Mile Road and North of W. McMillan Road Request: Preliminary / Final Plat Consisting of Four (4) Single Family Residential Lots and Two (2) Common Lots on Approximately 0.62 Acres in a Proposed R-8 Zoning District Approved G. Public Hearing: MDA 15-002 Verona East Subdivision by Primeland Investment Group, Inc. Located East of N. Ten Mile Road and North of W. McMillan Road Request: Development Agreement Modification to Remove the Property from the Recorded Development Agreement (Instrument #108059801) to Construct Two (2) Single Family Attached Dwellings Approved H. Public Hearing: AZ 15-002 Decatur Estates by 4345 Linder Road, LLC Located at 4345 N. Linder Road Request: Annexation and Zoning of 39.76 Acres of Land with an R-4 Zoning District Approved with Conditions Public Hearing: PP 15-004 Decatur Estates by 4345 Linder Road, LLC Located at 4345 N. Linder Road Request: Preliminary Plat Approval Consisting of Ninety -Nine (99) Building Lots and Twelve (12) Common Lots on 39.76 Acres of Land in the R-4 Zoning District Approved J. Public Hearing: RZ 15-005 Hamelin Village Subdivision by B&S Investments, LLC Located 603 W. Pine Avenue Request: Rezone 0.50 Acres from the R-15 Zoning District to the R-40 Zoning District Approved Meridian City Council Meeting Agenda — Tuesday, May 19, 2015 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. K. Public Hearing: PFP 15-002 Hamelin Village Subdivision by B&S Investments, LLC Located 603 W. Pine Avenue Request: Combined Preliminary/Final Plat Approval Consisting of Two (2) Multi -Family Residential Lots and One (1) Common Lot on Approximately 0.45 Acres in the Proposed R-40 Zoning District Approved L. Public Hearing: CUP 15-006 Hamelin Village Subdivision by B&S Investments, LLC Located 603 W. Pine Avenue Request: Conditional Use Permit Approval for a Multi -Family Development Consisting of Eight (8) Dwelling Units (Two (2) Four-Plex Structures) on Approximately 0.45 Acres in a Proposed R-40 Zoning District Approved 9. Department Reports A. Legal Department: Budget Amendment for FY2015 in the Amount of $28,359.00 to Move Part -Time Assistant City Attorney to Full -Time Deputy City Attorney Approved B. Police Department: FY2015 Budget Amendment for Spring Safety Fling Donation in the Not -to -Exceed Amount of $1,500.00 Approved 10. Ordinances A. Ordinance No. 15-1645: An Ordinance (RZ 15-002) for the Rezone of a land being a portion of Lots 3-17, Block 1 of Larkspur Subdivision No. 1 and adjacent public streets, located in the Southwest'/4 of the Northwest 1/4 of Section 19, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County Establishing and Determining the Land Use Zoning Classification of Said Lands from L -O to C -G and L -O Approved 11. Future Meeting Topics None Adjourned at 7:27 p.m. Meridian City Council Meeting Agenda — Tuesday, May 19, 2015 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council May 19, 2015 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, May 19, 2015, by Council President Charlie Rountree. Members Present: Keith Bird, Charlie Rountree, David Zaremba, Joe Borton, Genesis Milam and Luke Cavener. Members Absent: Mayor Tammy de Weerd. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Sonya Waters, Bill Parsons, Clint Dolsby, David Allison, Jeff Lavey, Mark Neimeyer, Mike Barton, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Lucas Cavener Mayor Tammy de Weerd Rountree: Good evening and welcome to our May 19th meeting of the Meridian City Council. I will start the meeting at 6:00 o'clock and appreciate a full audience this evening. I know we have several proclamations and a full house from Rocky Mountain High School. Thank you for being here. First item on the agenda is the roll call. Item 2: Pledge of Allegiance Rountree: And if you would all rise and join me with the Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Troy Drake, Lead Pastor, Calvary Chapel Meridian Rountree: I don't know what's happening there, but we will move on with the community invocation. This evening we will be led by Troy Drake, pastor from the Calvary Chapel in Meridian. Thank you, Troy, for being here. Drake: Let us pray. Lord God in Heaven, we just are so thankful, God, I want to express our gratitude. We have everybody here for this great country that we live in. Lord, we have freedom to choose where we live and where we work and we can pursue our dreams where, Lord, that we can worship you or not worship you in freedom, God, and so I just want to thank you for that and we also, Lord, just want to express our gratitude to these people who serve you, Lord, with their time and their efforts and they care about our city and so we just pray, God, that you give them much grace, Lord, for doing that and, Meridian City Council May 19, 2015 Page 2 of 38 God, we also are just asking for safety in our city, Lord, that you would protect the servants, fire, the police, the people in our city from danger and harm. We have a safe environment to live in here. And lastly, Lord, we just pray for the agenda here tonight and for these folks who are -- you know, that you give them wisdom on how to address these items, whether they are small or big, and, God, that your grace would be upon all who are here. So, we just thank you, Lord, for caring about even the smallest details and we love you, Lord, and it's in Jesus' name we pray, amen. Rountree: Thanks, Troy. Drake: Thank you. Item 4: Adoption of the Agenda Rountree: Next item on the agenda is the adoption of the agenda. Bird: Mr. President? Rountree: Mr. Bird. Bird: On the agenda we need to add under Proclamations an Item B, Rocky Mountain High School State Champions Day and on Item No. 10-A, the ordinance number is 15- 1645. And with that I move we accept the amended agenda. Zaremba: Second. Rountree: It's been moved and seconded to adopt the agenda with the appropriate changes. Any discussion? All those in favor signify by aye. Vote is unanimous. Thank you. MOTION CARRIED: ALL AYES. Item 5: Proclamation A. Proclamation for Huntington's Disease Awareness Month Rountree: Next item on the agenda is -- are the proclamations and there will be a couple this evening, so the first one is for Huntington's Disease Month and is there a representative from -- if you could come and join me, please. Come on up. Anderson: My name is Dottie Anderson. Rountree: Dottie. Karen: Karen. Meridian City Council May 19, 2015 Page 3 of 38 Rountree: Nice to meet you. Well, this evening we are doing a proclamation for Huntington's Disease Awareness Month and the proclamation reads as follows: Whereas Huntington's Disease is a genetic, neural, degenerative disease typically affecting people in mid life and places each child from an affected parent at risk of inheriting the gene responsible for causing the disease and whereas through the southern Idaho affiliate of the Huntington's Disease Society of America, support and services are provided to families living with Huntington's Disease throughout Idaho and whereas after the onset of Huntington's Disease the average lifespan is ten to 30 years and the younger the age of onset the more rapid of progression of the disease, meaning children who develop the juvenile form of the disease may not live to adulthood and whereas since 1993 when the gene causing Huntington's Disease was discovered, research started to focus on exploring new avenues and approaches to delay the onset of the disease, develop effective therapies, slow the progression of the disease and to ultimately find a cure for the disease and whereas at the present time there is no effective treatment or cure for Huntington's Disease and it is critical to raise awareness so the advancement of research and support services can continue. Therefore, Mayor Tammy of the City of Meridian, proclaims May 2015 as Huntington's Disease Awareness Month in the City of Meridian and calls upon the community to join us at the city in raising awareness for those who -- in this worthy cause and this is a proclamation signed by Mayor Tammy. Anderson: Thank you. Rountree: And thank you for your support and your services to the folks in that community and if you have a few words, Dottie? Anderson: I didn't come prepared -- Rountree: That's all right. Anderson: -- to say anything, but I will say that my husband and I live here in Meridian. We lived at Ten Mile and Cherry and my husband died of Huntington's Disease here in 2009. Karen's son has Huntington's Disease right now and we are working hard to bring recognition to this disease in the community. There is quite a number of people that do have it in this area. About 30,000 national wise -- nationwide. So, we have a support group that meets every second Tuesday -- Karen: Second Wednesday. Anderson: Second Wednesday. Second Wednesday of the month at Wright Congregational Church downtown at Orchard and Franklin. So, we thank you all very much. B. Amended onto the Agenda: Proclamation for Rocky Mountain High School State Champions Day Meridian City Council May 19, 2015 Page 4 of 38 Rountree: The next proclamation reads as follows: Whereas being an athlete is more than training to excel in sports or to be physically fit, it is clearly to build leadership, character, confidence, teamwork and resilience, all traits that lead them to succeed on the dance floor, in the classroom, in real life -- in our real life world. Whereas the Rocky Mountain Diamond Dancers have constantly placed first, second, and third in many categories of dance competitions across the Treasure Valley and whereas their diligence and teamwork resulted in yet another state title at the 2015 state dance competition, making this the third straight title for the Diamonds and whereas the capturing of the state title builds school spirit and allows these student athletes to walk the halls of Rocky Mountain with a extra swagger for the third year in a row and whereas the leadership, training, and discipline from and of their coaches helped out team members to focus their talents and passions to become a winning team with each dancer making valuable contributions to the victory. Therefore, Mayor Tammy does proclaim May 19th, 2015, as Rocky Mountain High School State Competition Champions Day in the City of Meridian and calls upon the community to join in congratulations to the Diamond Dancers on their athletic achievement and for representing Meridian so proudly in the state tournament. And, Trish, would you bring your girls up here so we can all give them a hand and -- I'm not sure if you want them to all introduce themselves, but we would like that. Maybe they would do a short routine for us. I don't know. But I'm not sure swagger is the right word for a dance team, but congratulations for your efforts, the time you have spent. I know it's hours and hours of very rigorous training and performance. So, again, congratulations and you're really deserving. Three years in a row. That's quite an accomplishment. And we have City of Meridian pins for each and every one of you, so -- so if you would walk by, if you wish. Dance by would be preferable, but appreciate your accomplishment. And if we could have another round of applause. Item 6: Consent Agenda A. Approve Minutes of May 12, 2015 City Council Workshop Meeting B. Development Agreement for Approval: RZ-15-002 Calderwood Business Park by GGR, LLC Located Southeast Corner of S. Meridian Road and E. Calderwood Drive C. Agreement for Connection to Public Sewer System: Jean Shepp 1407 W. Carlton St. D. Professional Services Agreement with Kings of Swing for Musical Talent for Concerts on Broadway in an Amount Not -to - Exceed $2,500.00 E. Meridian Community Block Party 2015 Sponsorship Agreement Between Westside Body Works and the City of Meridian for a Not -to -Exceed Amount of $1,500.00 Meridian City Council May 19, 2015 Page 5 of 38 F. Silver Oaks Apartments Sewer and Water Easement G. Approval of Evergreen Sole Source Purchase for Trojan UV Lights and related products from DC Frost Associates, Inc. and authorize the Purchasing Manager to issue and sign purchase orders and/or contracts to DC Frost Associates for the above mentioned products. H. Three Corners Subdivision Water Main Easement Approval of Award of Bid and Agreement to LAWN, Co. for the "WWTP FRONTAGE IMPROVEMENTS — LANDSCAPING CONTRUCTION" Project for a Not -To -Exceed Amount of $99,939.07 J. United Heritage Water Easement K. Memorandum of Agreement for Contribution to Main Street and Fairview Avenue Public Art Project by Meridian Development Corporation in the amount of $40,000.00 L. Professional Services Agreement with Erin and Her Cello for Musical Talent for Concerts on Broadway in an Amount Not -to - Exceed $3,000.00 M. Professional Services Agreement with Kevin Patrick Kirk, Inc. for Musical Talent for Concerts on Broadway in an Amount Not -to - Exceed $4,000.00 N. Findings of Fact, Conclusions of Law: AP 15-001 Request for City Council Approval of a Reduction in the Buffer Width Required in the C -G Zoning District to Residential Uses as Allowed by UDC 11-313-9C2 for Sonic Drive -In at Paramount O. Final Order for Approval: FP 15-014 Granton Square Subdivision Located on the East Side of N. Locust Grove Road, South of East Ustick Road, Request for Final Plat Approval Consisting of 27 Single Family Residential Lots and 6 Common Lots on Approximately 4.70 Acres of Land in the R-8 Zoning District by Granton Square Properties LLC Rountree: Next Item on the agenda is the Consent Agenda. Bird: Mr. President? Rountree: Mr. Bird. Meridian City Council May 19, 2015 Page 6 of 36 Bird: I move we approve the Consent Agenda as published 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. Any discussion? All those in favor --excuse me. Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved From Consent Agenda Rountree: There were no items moved from the Consent Agenda. Item 8: Action Items A. Staff Letter of Recommendation for Approval of Floodplain Variance Request of Building at 47 E. Bower St. Rountree: So, we will move into Action Items. Item 8-A, letter -- staff letter recommending for approval of a flood plain variance request. David, are you going to do that? Allison: Yes, sir. Rountree: Okay. Thank you. Allison: Good evening, Council President, Council Members. Tonight I'm here to discuss a flood plain variance request by the property owner and designer at 47 East Bower Street. We received and I'm in support of a request for variance to the city's flood damage prevention ordinance by the property owner and their designer and by ordinance variances are required to be heard and designed by the Council, so that's why we are here tonight. I will do my best to be quick and brief on a technical matter, but if you have questions, certainly feel free to ask. The designer and the owner are here, if they have anything that they want to add or they have questions for you or vice -versa as well. For some quick context, the applicant proposes to construct a 1,200 square foot, approximately, commercial garage for storage of automobile and parts. The elevations and the grades on the property in this area of the flood plain in downtown do require that the building be built about three and a half feet above the current existing ground, which due to the lot dimensions would create quite a restriction on access to the building. It's not necessarily the building, but the access to the building, that would be one of the added hardships that would occur and would be one of the added impediments. For that reason the applicant has worked with us and has offered to -- what's known as dry flood proof the Meridian City Council May 19, 2015 Page 7 of 38 commercial buildings, so the building would be built -- the floor, excuse me, would be built lower, but the building would still be safe from flooding through what is known as dry flood proofing. Essentially, water wouldn't be able to get into the building. That is really the only change under our ordinance that is being recommended and would allow the building to still comply with the minimum national flood insurance provisions. However, that would allow within the intent of the ordinance locally to meet the same achievement that we have or higher restrictions. The variance will only impact the method of construction and we will verify those through the building permit process as well to insure that those measures are put in place and after reviewing the proposal with the city engineer -- and we both feel that this is an appropriate variance request to approve. So, with that if you don't have any questions or if you do, we recommend that the variance request be approved and that this matter is before you. Rountree: Any questions? Bird: I have none. Rountree: Are the applicants here? Do you have any comments? No? Okay. Thank you. Thank you, John. Discussion? Do I have a motion? Borton: Mr. President? Rountree: Joe. Borton: In light of staffs comments I think there are sufficient findings -- unique findings to approve this, so I would move that we approve the flood plain variance request for 47 East Bower Street. Zaremba; Second. Rountree: It's been moved and seconded to approve Item 8-A. Any discussion? That would require roll call vote, I believe. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. B. Public Hearing Continued from May 5, 2015: Consider the conveyance to the Ada County Highway District of approximately 2,446 square feet of real property located at the SW corner of North Meridian Road and West Railroad Street in the City of Meridian, Ada County, Idaho Rountree: Next item is Item 8-B, public hearing. I will open the public hearing to consider conveyance to Ada County Highway District of approximately 2,446 square feet of property. Meridian City Council May 19, 2015 Page 8 of 38 Nary: Mr. President? Rountree: Bill. Nary: Mr. President, Members of the Council, this is a continued item from May 5th. We are going to ask for the Council to continue it for two weeks to your June -- is it June 5th? Or June 2nd. Bird: June 2nd. Nary: June 2nd meeting. We haven't received final comment from the highway district, so at this juncture we don't know if this transfer is even going to occur. It may not. And we are just waiting for their final report. Rountree: Okay. Do we have a motion to continue? Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we continue Item 8-13 to June 2nd, 2015. Milam: Second. Rountree: It's been moved and seconded to continue Item 8-B. All those in favor of the motion signify by aye. Opposed? Motion carries. MOTION CARRIED: ALL AYES. Rountree: Next item. Zaremba: I was late, but I was in favor. C. Public Hearing: VAC 15-004 Reflection Ridge Subdivision No. 3, Lots 2-5, Block 8 by Matt Schultz Located Approximately 1/2 Mile South of E. Victory Road and 1/2 Mile West of S. Locust Grove Road Request: Vacate the Existing Five (5)- Foot Wide Public Utility Easement that Lies Across Lots 2, 3, 4 and 5, Block 8 Rountree: You're there. We heard you, David. Loud and clear. 8-C. A public hearing for vacation for Reflection Ridge Subdivision No. 3. Open the public hearing. Watters: President Rountree, Members of the Council, first application before you tonight is a request for a vacation of easements. This site is located approximately a half mile south of East Victory Road and a half mile west of South Locust Grove in the third phase Meridian City Council May 19, 2015 Page 9 of 38 of Reflection Ridge Subdivision. The applicant requests approval to vacate an existing five foot wide public utility easement that lies across Lots 2 through 5, Block 8, as shown -- shown on the right there in Reflection Ridge Subdivision No. 3. The easement is a remnant side lot line easement related to a previous property boundary adjustment that relocated the north property boundary line between Lot 1, Block 8, the park lot, Reflection Subdivision No. 1 and adjacent future development parcels phase three. The subject easement area was not utilized for any easement during the construction of Reflection Ridge Three and a new ten foot wide public utility easement was granted with the Reflection Ridge Subdivision No. 3 final plat along the rear lot lines of the impacted lots, approximately 25 to 30 feet south of the original five foot wide easement. The applicant has submitted letters from all applicable public utilities. Idaho Power, CenturyLink, Intermountain Gas, and NMID, consenting to the proposed relinquishment of easement. Written testimony has been received from Matt Schultz, the applicant's representative, in agreement with the staff report. Staff will stand for any questions Council may have. Rountree: Questions for staff? Bird: I have none. Rountree: Matt, do you have anything you want to say? You drove all the way over here. You may as well. Schultz: Matt Schultz. 8421 South Ten Mile in Meridian. Here on behalf of the applicant and it's good to be here. Thanks for the staff report. It's just a housekeeping item for us. We didn't think it was going to impact any of our homes going into phase three, but just in case we are just getting rid of it. So, thank you. Rountree: Very good. Questions for Matt? Bird: I have none. Rountree: All right. Bird: Anybody else want to -- Rountree: It is a public hearing. Is there anybody else that wishes to speak to this? That's what I thought. Go ahead, Mr. Bird. Bird: Mr. President, I move we close the public hearing on VAC 15-004. Milam: Second. Rountree: It's been moved and seconded to close the public hearing on Item 8-C. All those in favor of the motion signify by aye. Unanimous. Thank you. MOTION CARRIED: ALL AYES. Meridian City Council May 19, 2015 Page 10 of 38 Rountree: Next Item is Item 8-D. Oh. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve VAC 15-004 and include all staff and applicant testimony. Milam: Second. Rountree: It's been moved and seconded to approve Item 8-C. Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. D. Public Hearing: MDA 15-004 Woodland Springs by Morgan Development Located 1728 and 1736 E. McMillan Road Request: Modification to the Development Agreement to Change the Architectural Design of One of the Structures on the Site Rountree: All right. I will open the public hearing on Item 8-D. So, it's a development agreement modification for Woodland Springs by Morgan Development. Staff. Watters: Thank you, President Rountree, Members of the Council. The next application before you is a request for a modification to the existing development agreement for Woodland Springs Subdivision. This site is located at 1728 and 1736 East McMillan Road at the northeast corner of Locust Grove Road and East McMillan Road. The site is zoned C -N. This property was annexed in 2007. A development agreement was required as a provision of annexation, which required future development to comply with the conceptual building elevations and materials included in the agreement. The applicant requests approval of a modification to change the architectural design of the future buildings, excuse me, building on Lots 3 and 4, Block 1, Woodland Springs Subdivision to the design shown and proposed to remove the requirement for fake timbers and beams to be provided. The arrow here on the picture on your left is a concept site plan. It's only the -- the building right here that the arrow is pointing to that the applicant requests modification of and that is this building right here. And, then, again, this is the existing building and the development agreement. These are the proposed building elevations. Due to the economic changes since 2008 when the development agreement was approved, the applicant states he has not been able to develop this site as planned and wishes to construct a speculative shell with the proposed changes to the elevations that be believes reflect today's development and construction costs equal to what current rents will accommodate. The existing and proposed buildings appear to be approximately the same height and building materials are, essentially, the same. Stucco, stone accents, and metal eaves and seam roofing. Faux timbers and beams were originally proposed as a design Meridian City Council May 19, 2015 Page 11 of 38 element, but were not used on the Maverick building next door and are not proposed to be used on future buildings. The form of the building is different. The original structure incorporated a mix of metal hip roofs and parapets, with cornices for variety and the proposed building has parapets and cornices at varying heights, metal eaves, canopies over the building entrances and windows and columns for vertical interest and modulation and fenestration comparable with the original building. Staff has reviewed the proposed changes to the elevations and building materials and found them in substantial compliance with the design standards listed in the UDC. Further, the proposed design and materials are consistent and tie in with the Maverick building that exists on the Woodland Springs site to the west. Staff will stand for any questions the Council may have. No written testimony was received on this application, other than the applicant's response in agreement with the staff report. Rountree: Comments or questions? Bird: I have none. Rountree: Jason, do you have any comments? Okay. Thank you. Bird: Mr. President? Rountree: Mr. Bird. Bird: Is there anybody else? Rountree: See if there is anybody else that wishes to testify. It's a public hearing. Seeing none -- Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we close the public hearing on MDA 15-004. Milam: Second. Rountree: It's been moved and seconded to close the public hearing on Item 8-D. All those in favor of the motion? It's unanimous. MOTION CARRIED: ALL AYES. Bird: I move we approve MDA 15-004 and include staff comments and applicant written testimony. Milam: Second. Meridian City Council May 19, 2015 Page 12 of 38 Rountree: It's been moved and seconded to approve the request on Item 8-D. Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. E. Public Hearing: RZ 15-004 Verona East Subdivision by Primeland Investment Group, LLC Located East of N. Ten Mile Road and North of W. McMillan Road Request: Rezone of 0.67 Acres of Land from the L -O Zoning District to the R-8 Zoning District F. Public Hearing: PFP 15-001 Verona East Subdivision by Primeland Investment Group, LLC Located East of N. Ten Mile Road and North of W. McMillan Road Request: Preliminary / Final Plat Consisting of Four (4) Single Family Residential Lots and Two (2) Common Lots on Approximately 0.62 Acres in a Proposed R-8 Zoning District G. Public Hearing: MDA 15-002 Verona East Subdivision by Primeland Investment Group, Inc. Located East of N. Ten Mile Road and North of W. McMillan Road Request: Development Agreement Modification to Remove the Property from the Recorded Development Agreement (Instrument #108059801) to Construct Two (2) Single Family Attached Dwellings Rountree: Next three items I will open up, public hearings for Verona East Subdivision and staff? Watters: Thank you, President Rountree, Council. The applications before you next are a rezone, a combination preliminary and final plat and a development agreement modification for Verona East Subdivision. This site consists of .62 of an acre of land. It's currently zoned L -O and located at 5048 North Cortona Way, northeast of the North Ten Mile and West McMillan Road intersection. In 2003 this property was annexed with an R-8 zoning district and included in the Verona Subdivision No. 2 plat. A conditional use permit was also approved for a planned development, which allowed a land use exception for office uses on this site in an R-8 district. A development agreement was required as a provision of annexation. In 2007 the property was rezoned to L -O and removed from the existing development agreement and included in a new agreement, which requires substantial conformance with the conceptual office elevations submitted with that application. The applicant is requesting a modification to the existing agreement to remove the subject property from the agreement. This will allow two single family attached homes with four dwelling units to be constructed on the site as proposed here and it will develop with two single family residential attached structures. Staff is not recommending a new development agreement as a provision of the rezone. However, because the existing agreement reflects office uses developing on this site and requires Meridian City Council May 19, 2015 Page 13 of 38 future structures to generally conform to the elevations included in the agreement, staff does recommend the agreement is modified to exclude the subject property. Staff did not believe it's necessary to require a new agreement to govern development of this site, as the proposed structures will require certificate of zoning compliance and design review approval, which will insure quality of development. A combined preliminary and final plat is proposed as shown, consisting of four single family residential building lots and two common lots on .62 of an acre of land in the proposed R-8 district. This is a resubdivision of Lot 12, Block 10, Verona Subdivision No. 2. Access is proposed by a common driveway from North Cortona Way, a collector street. Local street access is not available to this lot. A 20 foot wide landscape street buffer is proposed along North Cortona Way with a park lane detached sidewalk. Because this site is less than five acres in size open space and site amenities are not required. Conceptual building elevations were submitted as shown for future development of the site. Building materials appear to consist of horizontal lap siding, with stucco accents. The Commission did recommend approval at their public hearing. Gerald Martens testified in favor. No one testified in opposition or commented and no written testimony was received. There were no key issues of discussion by the Commission and there are no outstanding issues for Council. Staff will stand for any questions Council may have. Rountree: Questions for staff? Bird: I have none. Rountree: Seeing none, Jay, do you have some comments? Martens: Thank you. Real briefly, this is really a down zone -- Rountree: If you could just state your name and address. Martens: Oh. Excuse me. My name is Gerald Martens. EHM Engineers. I'm representing Primeland Development this evening. This is a very simple down zone of a small piece of property to allow construction of four residential units and we concur with staffs recommendations. Rountree: Very good. Any questions? Thank you, Gerry. Martens: Thank you. Rountree: This is a public hearing on these three items. Anybody wish to testify? I see none. Bird: Seeing none, Mr. President? Rountree: Mr. Bird. Bird: I move we close the public hearings on RZ 15-004, 15-001 and 15-002. Meridian City Council May 19, 2015 Page 14 of 38 Milam: Second. Rountree: It's been moved and seconded to close the public hearing on Items 8-E, F and G. All those in favor of the motion? Opposed? Thank you. MOTION CARRIED: ALL AYES. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve RZ 15-004 and to include staff and applicant comments and that includes doing the modification to the DA. I believe that would be in that one. Rountree: Actually, that's G. Bird: It would be in the rezone, wouldn't it? The modification to the DA. Milan: We had a public hearing. Rountree: We have a public hearing on the modification of development agreement. Bird: Oh. Oh, I'm sorry. Rountree: That's all right. Bird: Sorry. Rountree: That's all right. Bird: Excuse that. I -- I will restate my motion if the second will allow it. I move we approve RZ 15-004 and include all staff and applicant comments. Milam: Second. Rountree: Motion and second to approve Item 8-E. Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Rountree: Next item. 8-F. Bird: Mr. President? Meridian City Council May 19, 2015 Page 15 of 38 Rountree: Mr. Bird. Bird: I move we approve PFP 15-001. Include staff and applicant comments. Milam: Second. Rountree: It's been moved and seconded to approve Item 8-F. Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Rountree: Item 8-G. 279 M, Rountree: There you go. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve MDA 15-002, including staff and applicant comments. Milam: Do you want to add anything to that? Bird: Uh? Milam: Do you want to add anything else to that? Bird: That's it. Yeah. Got it covered. Milam: Second. Rountree: It's been moved and seconded to approve Item 8-G. Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. H. Public Hearing: AZ 15-002 Decatur Estates by 4345 Linder Road, LLC Located at 4345 N. Linder Road Request: Annexation and Zoning of 39.76 Acres of Land with an R-4 Zoning District I. Public Hearing: PP 15-004 Decatur Estates by 4345 Linder Road, LLC Located at 4345 N. Linder Road Request: Preliminary Plat Meridian City Council May 19, 2015 Page 16 of 38 Approval Consisting of Ninety -Nine (99) Building Lots and Twelve (12) Common Lots on 39.76 Acres of Land in the R-4 Zoning District Rountree: I will now open the public hearings for Item 8-H and I, AZ 15-002 and PP 15- 004. Staff. Watters: Thank you, Mr. President, Council. The next applications before you are a request for annexation and zoning and a preliminary plat. This site consists of 39.76 acres of land. It's currently zoned RUT in Ada County and it's located at 4345 North Linder Road on the west side of Linder south of West McMillan Road. This site is surrounded by single family residential properties, zoned R-4 and R-8. A church zoned L- O and vacant land with a shop across Linder Road to the east zoned L -O. The Comprehensive Plan future land use map designation for this site is medium density residential. The applicant requests annexation and zoning or 39.76 acre of land with an R-4 zoning district. Staff recommends a development agreement as a provision of annexation. A preliminary plat is proposed as shown, consisting of 99 building lots and 12 common lots on 39.76 acres of land. The property is proposed to develop in four phases starting at the north boundary as shown on the plat. The gross density for the proposed subdivision is 2.49 dwelling units per acre, with an average lot size of 11,413 square feet. Because the density is under the three to eight dwelling units per acre, desired in the medium residential designated areas, the applicant is requesting a step down in density to low density residential, which allows three or fewer dwelling units per acre as allowed by the Comprehensive Plan with that amendment to the future land use map. The reason for the lower density is the need for larger lot sizes to accommodate their desired product, which incorporates an RV garage attached to some of the dwellings. Access is proposed via one access from Linder Road and three existing stub streets from Bridgetower Crossing and Watersong Estates Subdivision. The White Drain bisects this site. The applicant is requesting Council approval of a waiver for the drain to remain open and not be piped. A bridge is proposed for access over the drain. A 25 foot wide street buffer is required along Linder Road as proposed on the landscape plan. Six foot wide parkways are proposed throughout most of the development. A total of 5.02 acres or 12.63 percent of the site of qualified open space is proposed with a segment of the city's regional pathway along the White Drain and programmed equipment and site amenities in accord with UDC standards. The applicant submitted five conceptual sample building elevations for future homes within the development. Building materials appear to consist of a mix of horizontal lap siding and stucco with shake singles and stone accents. Staff would like to point out there is a provision in the development agreement that the applicant construct an off-site improvement. To the west there is a segment of the city's multi -use pathway that is missing here. I can't remember how long it is. A hundred, hundred fifty feet, I believe, of pathway that staff is asking the applicant as a provision of annexation to go in and finish, provided that they can get the consent from the Bridgetower Crossing homeowners association. Summary of the Commission public hearing. Becky McKay testified in favor. No one testified in opposition. There were several people that commented as follows: Carolyn Yocum, Wayne Ebele, Adam Simmons, Jeff Baranco, Jim Johns and Lulette Young. Written testimony was received in response to the staff report from Becky McKay. Meridian City Council May 19, 2015 Page 17 of 38 Key issues of discussion by the Commission was the requirement for the applicant to construct the missing section of multi -use pathway off site in Bridgetower Subdivision and the Commission was in favor of the applicant's request for a waiver to the UDC to leave the White Drain open and not require it to be piped. The Council -- excuse me -- the Commission did not make any changes to the staff recommendation. The only outstanding issue for the Council tonight is the applicant's request for a waiver to allow White Drain to remain open. No written testimony has been received since the Commission hearing. Staff will stand for any questions Council may have. Rountree: Questions for staff? Bird: I have none. Zaremba: Mr. President? Rountree: David. Zaremba: Thank you. I like the idea of connecting the pathway with a short section, but I don't see where it's going on this plat. Is that -- and the pathway exists in Bridgetower, but -- okay. So, I was not seeing that clearly. So, there is a pathway that it's going to connect to once they make that connection. Watters: President Rountree, Councilman Zaremba, yes, it will run along the south side of the drain here. Zaremba: That's all I needed. Thank you. Rountree: Other questions? Borton: Mr. President? Rountree: Joe. Borton: Along the south side or -- is that -- otherwise is it on the north side? Watters: No. It's on the south side. Rountree: The dotted line is a phasing line. Borton: Okay. Watters: Yes. Thank you. Rountree: Other questions? Becky. Good evening. Meridian City Council May 19, 2015 Page 18 of 38 McKay: Becky McKay. Engineering Solutions. 1029 North Rosario. Good evening, Members of the Council. I'm representing the Brinegar family and Mr. Amyx, who have teamed up on this enclave. Watters: Yours disappeared. McKay: What happened? Watters: I don't know. Yours disappeared. McKay: Oh -oh. I will continue on. Watters: Go ahead. McKay: This particular site is surrounded by the city limits. The Brinegar family has owned it for many, many years. I worked with Bud Brinegar when -- when we were getting the entitlements and doing our designs on Bridgetower. Bridgetower is located to the north, to the west. The LDS church adjoins our northeast corner. To the south is Watersong and, then, to the east is Baldwin Park. Kitty corner to our site at the southeast corner is Sawtooth Middle School. We had a pretty good turn out at our neighborhood meeting. A lot of the residents from Bridgetower, which -- who own lots that abut this particular property and a few of the Watersong residents were definitely interested in what we were proposing. They had some really positive comments, which we did incorporate into our design to try to, obviously, mitigate our impact on their lots. One of those things is, obviously, matching, you know, similar size -- what you would consider like low density single family residential lots. So, this is kind of a seamless transition, which was one of the things that we considered. Secondly, there is an existing stub street located in this particular neighborhood at Bridgetower. There were multiple concerns about cut -through traffic through their pod or neighborhood to the collector over to the existing Hunter Elementary. This was in Bridgetower. One of the things that we initially proposed was just a pedestrian connection here where the LDS church currently exists. They do have a public street that it is dedicated to ACHD. It's only 27 feet wide, but one of the primary comments from the neighborhood was if you're going to connect our stub street, which I said I have no choice but to, we would really appreciate it if you would also provide an alternate route that would be more of a direct route up to the collector in the event someone wants to go to Hunter Elementary or some of the commercial that lies within Bridgetower. So, we did change our plan. We took out the micropath, we matched -- we matched this with is a public street, the same width and, then, we have ten foot buffer -- landscape buffer lots on each side to kind of shield those adjoining lots. One of the other things was Watersong -- some of the residents that live here, obviously, look directly into the property, they wanted a perimeter sight obscuring fence. Bridgetower also asked that me match their perimeter fencing, so it looks like this project, you know, just rolls right into theirs. We did agree to that. We have Monument Drive, which is a collector roadway in Baldwin Park. ACHD asked for an alignment to that, which we did, and we will also be extending the stub street from Watersong north. This particular layout we -- in looking at Bridgetower and, obviously, we have some fixed points with the stub streets that we are Meridian City Council May 19, 2015 Page 19 of 38 connecting to, we wanted it to be very similar in feel and openness with, you know, heavy landscaping along Linder. We even like brought our landscaping in to kind of create like a little planting area and so we don't get that linear look as cars drive down the arterial. We have more than the minimum buffer I believe on that -- on Linder Road frontage. We will have detached walks. Also with the middle school located southeast of us, I did include a pedestrian pathway so that the kids can go southeast. ACHD indicates there is a flashing pedestrian crossing for the school that is at Linder Road for a safe route to school. One of the other things that we looked at was Bridgetower's multi -use pathway, which is on your pathway plan, is on the south side of the drain. It stopped 115 feet short of our boundary and I went back to my old files -- it was done in 2004 and the reason that it stopped short is because Settlers maintenance road was originally on the north side of the Settlers Drain. We convinced Settlers to go with a 14 foot wide multi -use pathway. It would also be a combination vehicle maintenance access, so it was a dual purpose and it was vehicle rated. Now, when they got to the Brinegar property they had to go back to the north side to continue to drive all the way out to Linder Road and so we weren't sure, since Mr. Brinegar's property was still in agricultural production, was the pathway going to go north, was it going to go south and my recollection was, 11 years ago, that that's why we stopped short. Now, what the city -- Public Works Department is pretty -- they are sticklers for making sure that either, one, you have made the improvement as proposed and if there is anything that you could not construct, then, you provide a cash -- like a trust fund for that improvement. I haven't been able to find any paperwork, but I would like Public Works to look at the record and see if there, by chance, was something there. Our primary concern -- it is not the cost of extending the pathway another 115 feet, we agree that the multi -use pathway should seamlessly continue south. Our concern is, one, dealing with the Bridgetower homeowners association, getting their permission, and, obviously, if there is -- there is grass and sprinklers, there could be additional cost beyond just the pathway. I guess I ask the Council to have the Parks Department work with us to help us, one, communicate to Bridgetower's HOA and to facilitate this, because we don't have the right to go onto their property and change anything and if they say no, I am -- I am stuck. And I think the pathway was intended to continue to Linder. Watersong has installed their portion of the pathway, so we are connecting two segments of existing ten foot multi -use pathway. So, you will have it that full mile. It's going to be -- it's going to be great. One of the other things we wanted to do was -- we put a micropath connecting these two blocks, so the kids can come up through the stub street in Bridgetower, go around that loop and, then, there is a pedestrian pathway that exits to the west that they can go over to Hunter Elementary. So, we are creating pathways and shortcuts for the kids to both the elementary and to the middle school. So, I think as far as pedestrian connections are concerned, this is as good as it gets. We will have detached sidewalks throughout the project, with a six foot landscape buffer, a median at our entrance. The only place we do not have detached walks is this stretch right through here and that's because we had extreme difficulty trying to fit the public street in that sliver kind of area based on the configuration of the existing stub street. So, we ended up going with a 50 foot right of way and 29 foot section, restricted parking on one side, and attached walks. But everywhere else there will be detached. Our primary open space is located right there. We will have playground equipment. Obviously, when we get into our final design for first phase we will look at, you know, exactly what those amenities are going to look Meridian City Council May 19, 2015 Page 20 of 38 like, but we meet our two required amenities. One of the things that the staff has brought up is the frontage of that particular lot there. The staff has indicated the R-4 zone that we are requesting and the reason we are requesting the R-4 is because we don't have any lots that are less than 8,000 square feet. Our average lot size is I think about 11,400 square feet. So, we -- we wanted -- the staff asked us to provide some variety of lot sizes, so we have some 70 foot lots south of the drain, which is consistent with the R-8 in Watersong, but everything north of the drain are the larger lots with 130, 140, 150 foot depth and 80 -- up to a hundred feet wide. This particular frontage here, the staff says, you know, we want it to be 60. 1 guess I ask the Council to consider the difficulty we have in taking -- in taking this public street and, then, we are trying to turn it as quickly as possible. So, they are giving us leniency on a 53 foot frontage, so that pie lot right smack at the corner, but our lot 28 that adjoins it they are saying that has to be 60. 1 have looked at all those lots and I don't have seven feet to -- to widen it out. It may have 53 feet of frontage, but it's wide -- it's pieing out pretty fast. So, these are the type of homes that my client has built in Alpine Point Subdivision, he and his builder team. So, I wanted to bring some, you know, pictures. These are, obviously, the homes -- larger homes that would be going on the larger lots. We did provide pictures to the staff, elevations of some new homes that they are working on. This is going to be, obviously, compatible, consistent with Bridgetower. It's a great project. The property has been there, you know, just sitting in ag production and the fact that they gravity irrigate it has adversely affected some of the adjoining lots in Bridgetower. I have spoken to some of the residents and they have had some issues with ground water coming into their crawl space during the irrigation season. We have dug multiple test holes. We do have about 15 years worth of data and so once this goes out of agriculture production there is no doubt that that groundwater will stabilize and drop. We have had hydrologists analyze it and they graphed it, made predictions and they were, basically, right on and so as far as our drainage facilities, out intent is we will not be doing ponds, we are going to be doing a storm track system, which is going to be similar to what we just designed and installed in Isola Creek or Bellano Creek over off Ten Mile for Coleman homes. They are subsurface. They -- we don't have problems with those in a high groundwater area. They are more money. But, then, it makes all of our open space usable, because we are not using ponds. Do you have any questions? Rountree: Any questions for Becky? Bird: I have none. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Thank you. Very thorough and informative, as always. If you're able to make that off site connection -- this is exactly where I wanted to look -- will you be able to convince Settlers Irrigation to make their maintenance road on the pathway and abandon their north side maintenance road? Does that give you more space or is it still an easement? Meridian City Council May 19, 2015 Page 21 of 38 McKay: Councilman Zaremba, I have talked to Mack Myers. When we did Bridgetower Nathan Draper was the director, now it's Mack Myers. Mack Myers said that they have now determined that Nampa -Meridian has control of the drain. However, Settlers maintained it. Well, when I talked to Mr. Young, Harry Young, who was the -- who owned Bridgetower -- I think he said he was there over 50 years, he said that to his knowledge Settlers Irrigation District had never cleaned the drain once. So, I will have to work with both of those agencies in order to convince them to go with a multi -use combo path, like Bridgetower has, or if Mack is insistent on the phone, he said something about we need access to both sides. Well, obviously, access to one side at Bridgetower has functioned well over the past, what, 14 years. So, you know, we can explore that, but I'm always subject to what they will allow me to do. If the Council has a suggestion I can sure pass that on. Zaremba: I can say I hope it works. McKay: Okay. Bird: Be better coming from you than -- Zaremba: I mean it makes sense to make it one -- one common use pathway. Rountree: Other questions? Bird: I have none. Borton: Mr. President? Rountree: Mr. Borton. Borton: Becky, if I understood you correctly, you're willing and comfortable to complete that connection for the pathway -- McKay: Yes, sir. Borton: -- off site, assuming that -- hopefully that's right away. McKay: Yes. Borton: But the cost of that can be born by the applicant? McKay: I'm asking for help from the Park Department and if it requires relocation of irrigation -- you know, I don't -- I'm just not sure exactly what I will -- you know, we are going to face. I don't know what they have in there. Borton: Mr. President? Meridian City Council May 19, 2015 Page 22 of 38 Rountree: Mr. Borton. Borton: To be clear, though, I heard you say facilitate, meaning try to assist the HOA to understand the community benefit to their community to continue the pathway, not facilitate by funding any of the improvements; correct? Amyx: You want me to say a few words on that? Rountree: Sure. McKay: Sure. You have to give your name and address Amyx: President, Council Members, Todd Amyx. 4202 North Firelight Way, Boise. I'm the developer on this. We absolutely have no problem continuing a path for the children. We more than want that to be there. The concerns I have as a developer is going in there, both liability sake and unknowing what's going on there, with the ground, with sprinklers and so forth that we have talked about. As far as the financial part of it, we would be more than happy to put the path in, but I just got to make sure -- I have got to go on someone else's property, dig up stuff, replace it, and I'm concerned about the liability, I'm concerned about any other issues we might run into there. So, I need to get Bridgetower's approval. As far as Settlers Irrigation goes, I think we have got a solution for them, so that's kind of what we are looking at. Borton: Mr. President? Okay. That's what I thought I heard, I just wanted to make sure there wasn't miscommunication on who is funding it. It sounded like you were willing to pay the price to accomplish it and asking the city to help facilitate those meetings -- Amyx: Yes. Borton: -- and make arrangements, but not to fund any of the construction; correct? Amyx: Correct. Borton: Okay. McKay: Unless there is trust fund money there. Amyx: Right. If we can get the trust fund money, if there is anything existing at that point. Borton: Okay. Thank you. Amyx: Thank you. McKay: And I only bring this up, because on Isola Creek we did a micropath to Bridgetower and the HOA would not allow us to take down their fence, to allow people to walk down their commercial drive or bike over. So, we were kind of disappointed and the Meridian City Council May 19, 2015 Page 23 of 38 city staff said, well, your condition reads that, you know, you have to connect. I said, well, we did. I can't make them take down their fence. I mean -- and so, then, your staff did intervene, talk to Bridgetower's HOA, they gave them the same answer they gave my developer. No. Rountree: Other questions? Bird: I have none. Borton: Mr. President? Rountree: Follow up? Borton: And this might not be a question for you, maybe it's for Bill or Planning. Do we have -- and this would be an example when Bridgetower was approved, that one of those conditions of approval would be that when this opportunity to connect the pathway come in the future that you're consenting now to that future extension. You may not know if that even exists. Do we ever do that? Is that worth looking into to see if that was one of the conditions of approval? Bird: We do it, yeah. Borton: Because we anticipated a connection. Nary: Mr. President, Members of the Council, I mean we would have to look at the development agreement for Bridgetower. There probably is something like that and requiring a connection, but I don't know. McKay: Councilman Borton, I believe there was a requirement for it to be constructed to the boundary. Now, how we provided the easement when I look at their recorded plat, there isn't an easement there, but I -- they were doing separate pathway easement documents, so there may be something -- like I said, we have archived our Bridgetower file and I'm trying to, you know, figure out why we did what we did and what was provided and I haven't been able to get a complete picture. Zaremba: Mr. President? Rountree: David. Zaremba: This one is from way back before the UDC and there were -- are things that have changed since then and I'm not sure that I remember Bridgetower specifically, but there were several cases where a development that occurred next to land that was going to continue to be an ag use and maybe they had horses and cows and stuff, it was the neighbor that asked to have the fence continue across the pathway until such time that they develop. So, I remember that happening in several different places around the city. I don't remember if that was specifically here. But if -- if a property on the end of that Meridian City Council May 19, 2015 Page 24 of 38 pathway remained with animals, that neighbor asked to have the fence continue -- fence close off that pathway. So, it would have been the intent of the city to have that fence removed when the next section was -- was made. So, I'm sure some of those slipped through the cracks, but I can see how it happened. McKay: Uh-huh. Zaremba: The neighbor asked for it. Bird: Mr. President? Rountree: Mr. Bird. Bird: I -- I think the reason they weren't required -- but knowing who brought that Bridgetower through, I have to think that in the development agreement or someplace there is a statement or a -- that they would finish that pathway to the deal. I mean that's -- I hate to say it, Beck, but you have never done -- you have always went out to the property line and -- so I just -- I know Bridgetower -- I don't remember -- but we couldn't do it because of the Settlers -- McKay: Settlers. Bird: -- and -- but I -- I'm not too sure you're not right that there isn't some kind of a trust sitting out there for it to finish that up. McKay: Yeah. Councilman Bird, we did multiple trust funds at Bridgetower where we had ag property that -- that we -- we couldn't install certain improvements, so the city said in lieu of that the code requires it, you have to provide us cash trust. Bird: Yeah. Rountree: Okay. Further questions? Okay. Thank you, Becky. McKay: Thank you. Rountree: This is a public hearing on this item or these two items. Does anybody wish to provide additional testimony? Seeing none -- Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we close AZ 15-002 and PP 15-004. Milam: Second. Meridian City Council May 19, 2015 Page 25 of 38 Rountree: It's been moved and seconded to close Items 8-H and I. Roll call. No, we don't need a roll call. All in favor signify by saying aye. Opposed? MOTION CARRIED: ALL AYES. Rountree: Okay. Item 8-H. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve AZ 15-002 and with the developer working with the Parks Department to get the permission from the homeowners association of Bridgetower to complete that and also for the -- the city planning to look into the Bridgetower DA and see if there was any trust to help finance that and with that I would add that -- to include all staff and applicant comments. Milam: Second. Rountree: Any discussion? I'd point out at what point do we discuss the waiver or variance for tiling the drainage? Bird: That's right now. Rountree: Now or in the -- now, so -- Bird: Okay. Mr. President, redo it if second agrees. Milam: Yes. I agree. Bird: And I would include in my motion that we allow the White Drain to be untiled. Rountree: Second agrees? Milam: Agrees. Rountree: Okay. You have heard the motion. Any further discussion? Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Rountree: Very good. Next item is Item 8-1, the preliminary plat. Bird: Mr. President, I move we approve PP 15-004 and to include all staff and applicant comments. Meridian City Council May 19, 2015 Page 26 of 38 Milam: Second. Zaremba: Mr. President? Rountree: Questions? Zaremba: Do we need to include a discussion on the one lot where the frontage is not quite wide enough? Approval of that variance or -- Bird: That -- Zaremba: That's a preliminary plat subject. Bird: That's a preliminary plat, but it don't -- was that included in the applicant comments? Rountree: Yes. Bird: That would be -- would that have to be a separate item come through as a variance, Bill? The lot is not quite big enough. It is in the back, but not at the front. Nary: Mr. President, Members of the Council, I mean I think you can approve it with the findings that have been already presented, so -- Bird: Okay. But I -- Rountree: Okay. Bird: With the applicant and staff comments -- Rountree: Second? Milam: Second agrees Rountree: It's been moved and seconded to approve Item 8-1 with the reference to reducing the frontage on one lot to accommodate the curvature of the road. Roll call? Watters: President, may I clarify that motion? Was it your intent, Councilman Bird, to approve the street frontage that the applicant had shown on the plat or for them to modify in accord with UDC standards? Or to provide a common driveway? Bird: To show what's on there. The -- I think it was 50 feet instead of 60, but it was 60 in the back, am I not right? Rountree: No. Meridian City Council May 19, 2015 Page 27 of 38 Watters: Yeah. Our street frontage is measured off the -- Bird: A common driveway -- they never work. I mean you have lots of problems with a common driveway. That was what the motion intended. Rountree: Your intent was as shown on the preliminary plat? Bird: Yes. Milam: Yes. Rountree: Okay. Everybody understand that? Okay. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Rountree: Becky and Mr. Amyx, I just wanted to comment on -- on your plan and the way you have incorporated this large parcel, not really an infill, but a large parcel in our community and taking into consideration what's gone on around you and in my opinion you have done an excellent job of accommodating the desire we have in terms of interconnectability of neighborhoods and compatibility and I think you have just done an excellent job. Thank you for doing that. J. Public Hearing: RZ 15-005 Hamelin Village Subdivision by B&S Investments, LLC Located 603 W. Pine Avenue Request: Rezone 0.50 Acres from the R-15 Zoning District to the R-40 Zoning District K. Public Hearing: PFP 15-002 Hamelin Village Subdivision by B&S Investments, LLC Located 603 W. Pine Avenue Request: Combined Preliminary/Final Plat Approval Consisting of Two (2) Multi -Family Residential Lots and One (1) Common Lot on Approximately 0.45 Acres in the Proposed R-40 Zoning District L. Public Hearing: CUP 15-006 Hamelin Village Subdivision by B&S Investments, LLC Located 603 W. Pine Avenue Request: Conditional Use Permit Approval for a Multi -Family Development Consisting of Eight (8) Dwelling Units (Two (2) Four-Plex Structures) on Approximately 0.45 Acres in a Proposed R-40 Zoning District Rountree: Next item is -- I will open the public hearings on Item 8-J, K and L, for Hamelin Village Subdivision. Meridian City Council May 19, 2015 Page 28 of 38 Parsons: Thank you, Council President, Members of the Council. Next item on the agenda is the Hamelin Village Subdivision development. It currently consists of .50 acres of land and it's zoned R-15 within the city. It's located at 603 West Pine Avenue here. So, actually, this lot has double frontage on Pine and Idaho Street. Surrounding this development is primarily four-plexes or multi -family development along the boundary and except for the single family home that is located here on the northeast corner of the site, but this property is also zoned R-15 within the city, so everything contiguous with this property is currently zoned R-16 within the city and the Comprehensive Plan for this property is designated high density residential. The applicant is here tonight to discuss rezoning this property from the R-15 zoning district to the R-40 zone in order to accommodate the proposed density of the development before you this evening. Within the R-15 zoning district the maximum density allowed in that district is 15 dwelling units to the acre. The project that the applicant will be discussing with you this evening consists of 17.8 dwelling units to the acre, which staff finds is consistent with the high density residential comp plan designation and also the requested R-40 zoning designation. In conjunction with the rezone the applicant is also proposing to plat this property with two residential lots -- or two multi -family lots and one common lot to accommodate the two four-plex units. You can see here this is a preliminary to the left and, then, the proposed final plat as well, so you will see a landscape buffer along Pine and, then, one for the buildable lot and, then, the other buildable here, Lot 1 in Block 2. Access to this development will be provided from Idaho Street here. The director has approved alternative compliance request for this development to allow for a reduced landscape buffer along Pine Avenue. Typically along Pine Street we would require a 25 foot wide landscape buffer, but in order to accommodate the required parking and provide additional common open space within the multi -family development the application has received a director approval to reduce the landscape buffer width from 25 feet down to 15 feet along Pine Avenue here. Another item because of this rezone and because the majority of this property surrounding this development is zoned R-15 and the applicant is stepping up to the R-40 zone, staff is not recommending a development agreement with the rezone of the property. The main factors, again, would be the existence -- the surrounding property are R-15. If the applicant didn't move forward with the development tonight, anyone else that wanted to develop multi -family on the site would have to go through the conditional use permit, even in the R-15 zone, and it's also required in the R-40 zone. So, really, there are incompatibility issues here. Both the R-15 zone and R-40 zone would require a conditional use permit to establish that use. The applicant has also submitted a concurrent conditional use permit, again, to develop eight multi -family units each contained within two four-plex structures here. Parking requirements for this development would be 16 total. Eight of which would be covered, again, with access coming off of Idaho Street. The applicant -- application included two alternative compliance requests. The one I mentioned to you as far as reduced buffer along Pine, but the applicant also received alternative compliance to give them some relief from the dimensional standards of the parking lot and also the perimeter landscaping around that parking lot, given the site constraints of this parcel because it's very narrow, the applicant can't -- wasn't able to meet the entire ordinance as far as the parking lot dimensions, so the director did grant approval of some reduced landscape buffers along the north -- excuse me -- along the west and the east and, then, some -- eight of the parking stalls would be designed as Meridian City Council May 19, 2015 Page 29 of 38 compact parking stalls in order to accommodate the required parking by the ordinance. The benefit of that -- as I mentioned to you is by having a reduced buffer along the arterial. It gets the buildings closer to the street, but it also allows the applicant to provide approximately 3,279 square feet of open space interior to the site for the multi -family dwellers to use. Under the multi -family standards the applicant would have to provide a minimum of 2,000 square feet , so you can see having the reduced here allows the applicant to provide a greater amount of common open space with the development. The landscape plan you see here is consistent with the multi -family and the UDC, as well as the parking lot. Items of discussion really at the Commission hearing -- or at least in my staff report were -- we wanted to nail down the building elevations for you and the ones that were originally in the staff report did not comply with the design standards in the UDC for the multi -family standards. During its public hearing with the Planning and Zoning Commission the applicant actually revised their elevations and these were the actual elevations that the Planning and Zoning Commission approved with one modification. On the rear elevations you can see here the applicant has designed the canopy to be actually connected to the rear fagade. The original elevations have that canopy cantilevered or extended from the rear elevation approximately eight feet. Staff liked that architectural detail and so in our conditions of approval tonight we are recommending -- or condition of approval in the staff report required that that rear canopy protrude from that elevation eight feet like it was originally proposed. The Planning and Zoning Commission did recommend approval at their April 16th hearing. Testifying in favor was Shawn Nickel and the applicant did provide a written testimony in agreement with the staff report at that time and made some minor modifications that I will touch bases on real quickly. The first item - - or first change to the staff recommendation included, again, that elevation or extension of that canopy on the rear elevation and, then, because the applicant wants to build a multi -family in conjunction with recording the plat. The Commission did modify Condition of Approval 2.2.7, which would allow the applicant to pull a building permit and get this project under construction, but the final plat would have to be recorded prior to occupancy of that first structure. So, we gave them some latitude rather than recording the plat and, then, get a building permit, we gave them the latitude of getting it under construction and, then, they would have to have that final plat finalized and recorded prior to getting occupancy for any structure on the site. Staff has not received any additional testimony on this project since the Planning and Zoning Commission, nor have we heard from the applicant, but the applicant did whisper in my ear this evening and he said he is in agreement with the conditions of approval before you this evening. With that I will stand for any questions you may have. Rountree: Questions for Bill? Bird: I have none. Zaremba: Mr. President? Bill, in looking at the elevations, can -- can you help me interpret which one would be visible from Pine Street? Parsons: Council President, Councilman Zaremba, absolutely. This is the elevation that would be along Pine. Meridian City Council May 19, 2015 Page 30 of 38 Zaremba: okay. Thank you. Rountree: Joe, do you have a question? Borton: Yeah. Mr. President. Bill, can you show me where the -- the dumpsters are located on this? I think it was at the end of the parking stalls right up front there? Parsons: That is correct. Mr. President, Councilman Borton, you can see here that it actually come off Idaho and, then, the garbage truck could drive in, get the dumpsters and, then, back on out. In our conditions of approval here the sanitary services said they didn't need an enclosure this size, so the applicant has been conditioned just to work with them on getting an appropriately sized trash enclosure on this property in order to serve this, so I imagine that area will be will be shrinking as they move through the process with us. Borton: It will be what? Parsons: It will actually be shrinking. They don't need an enclosure that size. They don't need two dumpsters there. Borton: Do you require it to be screened? You won't be able to see the dumpsters from Idaho; correct? Parson: Mr. President, Councilman Borton, it will have to be gated. Borton: Yes. Parsons: Solid gates and, yes, it will have to be screened from view. Rountree: Further questions? Bird: I have none. Rountree: Bill, I have a couple. On Pine -- and I'm looking at the landscape plan -- folks and kids being what they are, they are going to want to get to Pine and I don't see in there any pathway or any way for folks to get to that sidewalk. Is that in there somewhere? Parsons: Mr. President, there is a condition in the staff report that requires one of these to have access in to Pine. Rountree: Okay. Parson: So, the applicant will work this staff through the design review process to make one of those connections. Meridian City Council May 19, 2015 Page 31 of 38 Rountree: The other question relates to the way it's subdivided. We have Lot 1 with the building on it and a parking lot, we have Lot 2. If at some point in time in the future -- and I'm not saying this is going to happen, but it could, that the property split and the owner of Lot 1, also the owner of the parking lot, decides I don't care about Lot 2, 1 don't own that, I'm not going to let anybody park in my parking lot. Is there a condominium arrangement for the parking lot for those two buildings? Because I can see that happening. Parsons: President Rountree, Council Members, there is a condition on the final plat and there is a note on the plat that states that lot block one has an easement on it that shares by being a cross -access for the entire development, so we have something -- Rountree: You will have a recorded easement? Parsons: Yeah. There will be something in place to make sure that runs with the land Rountree: Okay. Very good. Any other questions? Does the applicant have any comments? If you want to tell us something come on up and give us your name and address. And we might have a question for you. I don't. know. Rennison: Mr. President and Council Members, John Rennison, 410 East Street in Eagle. I would like to thank Bill, actually, for helping us kind of articulate this plan. This was a complicated little piece of property to try to do what we are doing. Infill -- this is -- this is really an infill project, right, not the previous -- so, it's a skinny little piece of property and we are trying to do the most with it we can and we think we are successful. We are really excited about it. Frankly, at first the idea of consolidating the parking to the rear on Idaho came up and I kind of had mixed thoughts on that, but as we developed the plan the courtyard really came into play and it's a really nice feature and so that wasn't possible by -- by having parking coming off of Pine and Idaho at the same time, so, anyway, it resolved well, we are really excited about it. Looking for your approval. The pathway -- we actually had some stepping stones out to -- right. Right there. Out to Pine on both sides of the building. The staff report asks that we put a sidewalk in on one side and we will probably do stepping stones on the other, but for the primary access it will be on one side. But the -- the trash enclosure would be a solid wall -- or, you know, solid steel fence -- you know, fence if you will. And the trash enclosure will shrink a little bit. We are going to critique that plan a little bit. I think the architect when he -- when he kind of took his first pass at that the public services had asked for a separate container for recycling and one for trash, so went that way. So, we are going to articulate a little bit more as we move to final. But, really, that's -- that's probably all I have to add, other than we'd like your approval and let us get this one built. Rountree: Any questions? Milam: Mr. President? Rountree: Genesis. Meridian City Council May 19, 2015 Page 32 of 38 Milam: In that courtyard are there -- is there amenities? Is it just open space or -- Rennison: Yeah. There is the two -- the code requires two amenities for -- even for this little tiny infill. Milam: Okay. Rennison: But -- so there is a public art feature that we are working on that's on the -- yeah. Up there. I don't know if I can -- I haven't used this before, but -- right there where the cursor is. And, then, there is a community garden on the -- on the south -- or the east side. So, the west side is a public art feature that we are still kind of working on a little bit, but -- and, then, the east side a garden. It should be really nice. Rountree: Other questions? Thank you. Rennison: Thank you. Rountree: Well, it doesn't appear that there is anybody else that wants to testify, but I have to ask anyway. Frank? Seeing none -- Borton: Mr. President? Rountree: Joe. Borton: Move to close the public hearing on Item J, RZ 15-005; K, PFP 15-002 and L, CUP 15-006. Bird: Second. Rountree: It's been moved and seconded to close the public hearing on Items 8-J, K and L. All those in favor. Opposed? Very good. MOTION CARRIED: ALL AYES. Borton: Mr. President? Rountree: Mr. Borton. Borton: Move that we approve Item 8-J, RZ 15-005 to include staff and applicant comments. Milam: Second. Rountree: It's been moved and seconded to approve Item 8-J. Discussion? Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. Meridian City Council May 19, 2015 Page 33 of 38 MOTION CARRIED: ALL AYES. Borton: Mr. President? Rountree: Mr. Borton. Borton: Move that we approve Item 8-K, PFP 15-002. Cavener: Second. Rountree: It's been moved and seconded to approve Item 8-K. Discussion? Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Borton: Mr. President? Rountree: Mr. Borton. Borton: I move we approve Item 8-L, CUP 15-006. Cavener: Second. Rountree: It's been moved and seconded to approve Item 8-L. Discussion? Seeing none, roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Item 9: Department Reports A. Legal Department: Budget Amendment for FY2015 in the Amount of $28,359.00 to Move Part -Time Assistant City Attorney to Full - Time Deputy City Attorney Rountree: Very good. Thank you all. Next item is Department Reports. Report from Legal Department. Bill. Nary: Thank you, Mr. President, Members of the Council. I have before you a budget amendment for your consideration for a fiscal year 2015, the current fiscal year that we are in. This is to move my part-time assistant attorney position to a full-time deputy position. We have had this current position for seven years -- or seven years this next month with the same incumbent. We have exhausted the work completely with the part- Meridian City Council May 19, 2015 Page 34 of 38 time position and we no longer can keep up with just a part-time position, so we have asked that we move this to a full-time position for the remainder of this fiscal year, as well as moving forward into future fiscal years. The amount there will cover the remainder of this fiscal year for both wages and benefits. We ask your consideration and approval. Rountree: Questions? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I move we have approve the budget amendment for FY -2015, the amount of 28,359, to change a part-time assistant city attorney to a full-time deputy city attorney immediately. Cavener: Second. Rountree: It's been moved and seconded to approve Item 9-A. Any discussion? Bill, I would just make the point that I would like to see this further identified and spoken to in the budget process as we move this position forward. Nary: Certainly. Rountree: So, work load and that sort of thing. Nary: We can do that. Rountree: Okay. It's been moved and seconded to approve Item 9-A. No discussion? Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Rountree: This is Emily; right? Nary: This is Andrea. Rountree: Or I mean Andrea. Emily is full time. Yeah. All right. Very good. B. Police Department: FY2015 Budget Amendment for Spring Safety Fling Donation in the Not -to -Exceed Amount of $1,500.00 Rountree: And next department report, Police Department. Chief. Meridian City Council May 19, 2015 Page 35 of 38 Lavey: Mr. President, Council, the hundred deadliest days of summer are between Memorial Day and Labor Day and because of that the Office of Highway Safety provides us a grant every year for safety education. What the police department does is we use it for our spring safety fling for our high school youth. During the high school lunch hour we provide pizza, a music DJ, and many safety messages. We have done this for the past several years. We have received a 1,500 dollar grant. It is currently in the city funds and we are just requesting spending authority for the amount not to exceed 1,500 dollars. Rountree: Questions? Bird: I have none. Milam: Mr. President? Rountree: I just had a question for Jeff. What funds does that grant reside in? Lavey: It's currently in the General Fund for the city and we just need to transfer it over to -- Rountree: So, where does it come from? Lavey: Office of Highway Safety. Rountree: Office of Highway Safety. Lavey: Yes. Rountree: So, it comes from federal transportation? Lavey: Correct. Rountree: Okay. Lavey: From the federal to the state -- Rountree: To the state and local. Lavey: Yes. Rountree: Okay. Milam: Mr. President? I have a question for you, chief. Do you do this spring safety fling at every high school? Lavey: Within the city limits, yes. Meridian City Council May 19, 2015 Page 36 of 38 Milam: Thank for clarifying that. Three of them? Lavey: That would be a lot of high schools. Milam: Does that include the academies or just the large high schools? Lavey: You're asking the wrong person. Ido not know that. Milam: Sorry. Lavey: I'm sorry. I believe it does, but I'm not sure, so I don't want to commit to that completely. Rountree: Any further questions? Milam: Mr. President? I move that we approve the FY -2015 budget amendment for spring safety fling donations to the not exceed amount of 1,500 dollars. Cavener: Second. Rountree: It's been moved and seconded to approve Item 9-B. Any discussion? Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Item 10: Ordinances A. Ordinance No. 15-1645: An Ordinance (RZ 15-002) for the Rezone of a land being a portion of Lots 3-17, Block 1 of Larkspur Subdivision No. 1 and adjacent public streets, located in the Southwest % of the Northwest % of Section 19, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County Establishing and Determining the Land Use Zoning Classification of Said Lands from L -O to C -G and L -O Rountree: The last item of action, Ordinance 10-A, Ordinance 15-1645. If the City Clerk would read that by title only. Holman: Thank you. City of Meridian Ordinance No. 15-1645: An Ordinance (RZ 15-002) Calderwood Business Park for the Rezone of a parcel of land being a portion of Lots 3 through 17 of Block 1 of Larkspur Subdivision No. 1 and adjacent public streets, located in the Southwest Y4 of the Northwest '/4 of Section 19, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Establishing and Determining the Land Use Zoning Classification of L -O, Limited Office Zoning District, to C -G, General Retail and Meridian City Council May 19, 2015 Page 37 of 38 Service Commercial, and L -O, Limited Office Zoning District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Rountree: You have heard the ordinance read by title. Does anyone wish to hear it in its entirety? Seeing none -- Milam: Mr. President? Rountree: Council Woman Milam. Milam: I move that we approve Ordinance No. 15-1645 with suspension of rules. Bird: Second. Cavener: Second. Rountree: It's been moved and seconded to approve Item 10-A. No discussion, roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Item 11: Future Meeting Topics Rountree: Are there any future topics you wish to bring up at this point in time? Bird: Not to my knowledge. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Not actually a topic for a meeting, but -- Rountree: Thank you. Zaremba: -- the 25th is a holiday, Memorial Day, and I'd like to remind everybody that the Rock of Honor has a ceremony at 11:00 a.m. If you have not attended one of those at the Rock of Honor in Kleiner Park, it's very interesting and worth going to. I just wanted to apprise everybody of that. Meridian City Council May 19, 2015 Page 38 of 38 Rountree: Very good. Thank you, David. And I will remind anybody who hasn't voted that you still have time, because I was running the meeting. Having said that, do I have a motion to adjourn? Milam: So moved. Bird: Second. Rountree: It's been moved and seconded to adjourn. All those in favor? MOTION CARRIED: ALL AYES. Rountree: Thank you all. MEETING ADJOURNED AT 7:27 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) PRESIDE,Pr CHARLIE —UN -TREE D E APPROVEDS ATTEST: , �D4pKflD AUUUs' �, r SEAL W rf��sp �<<de T0.E �0.fl0.�,lW Changes to Agenda: None Item #8C: Reflection Ridge Subdivision No. 3, Lots 2-5, Block 8 (VAC -15.004) Application(s): ➢ Vacation Size of property, existing zoning, and location: This site is located approximately''/2 mile south of E. Victory Road and'/ mile west of S. Locust Grove Road in the 3b phase of Reflection Ridge Subdivision. Summary of Request: The applicant requests approval to vacate an existing 5 -foot wide public utility easement that lies across Lots 2- 5, Block 8, Reflection Ridge Subdivision No. 3. The easement is a remnant side lot line easement related to a previous property boundary adjustment that relocated the north property line between Lot 1, Block 8 (the park lot), Reflection Ridge Subdivision No.1 and the adjacent future development parcel of Phase 3. The subject easement area was not utilized for any utilities during the construction of Reflection Ridge Subdivision No. 3. A new 10 -foot wide public utility easement was granted with the Reflection Ridge Subdivision No. 3 final plat along the rear lot lines of the impacted lots approximately 25-30 feet south of the original 5 foot easement. The applicant has submitted letters from all applicable public utilities (i.e. Idaho Power, Century Link, Intermountain Gas, and Nampa & Meridian Irrigation District) consenting to the proposed relinquishment of easement. Written Testimony: Matt Schultz, Applicant's Representative (in agreement w/staff report) Staff Recommendation: Approval Notes: Item #8D: Woodland Springs (MDA -15.004) Application(s): ➢ Development Agreement Modification Property location: This site is located at 1728 & 1736 E. McMillan Road at the NEC of N. Locust Grove Road & E. McMillan Road and is zoned C -N. History: This property was annexed in 2007; a DA was required as a provision of annexation which required future development to comply with the conceptual building elevations and materials included in the agreement. Summary of Request: The applicant requests approval of a modification to the DA to change the architectural design of the future building on Lots 3 & 4, Block 1, Woodland Springs Subdivision to the design shown and proposes to remove the requirement for faux timbers and beams to be provided. Due to economic changes since 2008 when the DA was approved, the applicant states he has not been able to develop the site as planned and wishes to construct a speculative shell with the proposed changes to the elevations that he believes reflect today's development and construction costs equal to what current rents will accommodate. The existing and proposed buildings appear to be approximately the same height and the building materials are essentially the same (i.e. stucco with stone accents and metal standing seam roofing). Faux timbers and beams were originally proposed as a design element but were not used on the Maverik building and are not proposed to be used on future buildings. The form of the buildings is different; the original structure incorporated a mix of metal hip roofs and parapets with cornices for variety. The proposed building has parapets with cornices at varying heights; metal eaves/canopies over the building entrances/windows; columns for vertical interest and modulation; and fenestration comparable with the original building. Staff has reviewed the proposed changes to the elevations and building materials and found them in substantial compliance with the design standards listed in UDC 11-3A-19. Further, the proposed design and materials are consistent and tie in with the Maverik building that exists on the Woodland Springs site to the west. Written Testimony: None Staff Recommendation: Approval Notes: Item #8E, F: Verona East Subdivision (RZ-15.004; PFP-15-001; MDA -15.002) Application(s): ➢ Rezone ➢ Combine Preliminary/Final Plat ➢ Development Agreement Modification Size of property, existing zoning, and location: This site consists of 0.62 of an acre of land, currently zoned L-0, located at 5048 N. Cortona Way, northeast of the N. Ten Mile/W. McMillan Road intersection. History: In 2003, this property was annexed with an R-8 zoning district and included in the Verona Subdivision No. 2 plat. A CUP was also approved for a planned development, which allowed a land use exception for office uses on this site in an R-8 district. A DA was required as a provision of annexation. In 2007, the property was rezoned to L-0 and removed from the existing DA and included in a new DA which required substantial conformance with the conceptual office elevations submitted with that application. Summary of Request: A modification to the existing DA is requested to remove the subject property from the agreement. This will allow 2 single-family attached homes with 4 dwelling units to be constructed on the site as proposed instead of offices as originally planned. A rezone of 0.67 of an acre is requested from the L-0 to the R-8 zoning district consistent with the MDR FLUM designation for this property. The applicant has submitted a site/landscape plan that shows how the site is proposed to develop with the 2 SFR attached structures. Staff does not recommend a new DA as a provision of the rezone; however, because the existing DA reflects office uses developing on this site and requires future structures to generally conform to the elevations included in the agreement, staff does recommend the DA is modified to exclude the subject property. Staff does not believe it's necessary to require a new DA to govern development of this site as the proposed structures will require CZC and Design Review approval which will ensure quality of development. A combined preliminary & final plat is also proposed consisting of 4 SFR building lots & 2 common lots on 0.62 of an acre of land in the proposed R-8 district. This is a re -subdivision of Lot 12, Block 10, Verona Subdivision No. 2. Access is proposed via a common driveway from N. Cortona Way, a collector street; local street access is not available to this lot. A 20 -foot wide landscaped street buffer is proposed along N. Cortona Way with a parkway and detached sidewalk. Because this site is less than 5 acres in size, open space & site amenities are not required. Conceptual building elevations were submitted for future development on this site. Building materials appear to consist of horizontal lap siding with stucco accents. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Gerald Martens ii. In opposition: None iii. Commenting: None iv. Written testimony: None Key Issue(s) of Discussion by Commission: None Key Commission Change(s) to Staff Recommendation: None Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: None Notes: Item #8H, I: Decatur Estates (AZ -15.002; PP -15.004) Application(s): ➢ Annexation & Zoning ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 39.76 acres of land, is currently zoned RUT in Ada County, and is located at 4345 N. Linder Road on the west side of N. Linder Road, south of W. McMillan Road. Adjacent Land Use & Zoning: This site is surrounded by SFR properties, zoned R-4 & R-8; a church, zoned L-0; and vacant land with a shop across Linder Road to the east, zoned L-0. History: None Comprehensive Plan FLUM Designation: MDR Summary of Request: The applicant requests annexation & zoning of 39.76 acres of land with an R-4 zoning district. Staff recommends a DA as a provision of annexation. A preliminary plat is also proposed consisting of 99 building lots & 12 common lots on 39.76 acres of land. The property is proposed to develop in 4 phases starting at the north boundary as shown on the plat. The gross density for the proposed subdivision is 2.49 d.u./acre with an average lots size of 11,413 s.f. Because the density is under the 3-8 d.u./acre desired in MDR designation areas, the applicant requests a "step" down in density to LDR which allows 3 or fewer d.u./acre, as allowed by the Comp Plan without an amendment to the FLUM. The reason for the lower density is the need for larger lots sizes to accommodate their desired product which incorporates an RV garage attached to some of the dwellings. Access is proposed via one access from Linder Road and 3 existing stub streets from Bridgetower Crossing and Watersong Estates subdivisions. The White Drain bisects this site; the applicant requests Council approval of a waiver for the drain to remain open and not be piped. A bridge is proposed for access over the drain. A 25 -foot wide street buffer is required along Linder as proposed on the landscape plan. 6' wide parkways are proposed throughout most of the development. A total of 5.02 acres (or 12.63°/x) of qualified open space is proposed with a segment of the City's regional pathway along the White Drain and playground equipment as site amenities in accord with UDC standards. The applicant submitted of 5 conceptual sample building elevations for future homes in this development. Building materials appear to consist of a mix of horizontal lap siding and stucco with shake shingle and stone accents. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Becky McKay ii. In opposition: None iii. Commenting: Carolyn Yocum; Wayne Ebell; Adam Simmons; Jeff Baranco; Jim Johns; and Lulette Young iv. Written testimony: Becky McKay Key Issue(s) of Discussion by Commission: i. The requirement for the applicant to construct the missing section of the multi -use pathway off-site in Bridgetower Sub.; ii. The Commission was in favor of the applicant's request for a waiver to UDC 11-3A-6 to leave the White Drain open and not require it to be piped. Key Commission Change(s) to Staff Recommendation: None Outstanding Issue(s) for City Council: i. The applicant requests a waiver to UDC 11-3A-6, which requires irrigation ditches, laterals or canals on the site to be piped, to allow the White Drain to remain open due to the large capacity of the facility. The applicant proposes to provide a bridge over the drain for a vehicle/pedestrian crossing. Written Testimony since Commission Hearing: None Notes: Item #8J, K& L: Hamelin Village (RZ-15.005; PFP-15.002; CUP -15.006 and ALT -15.006) Application(s): ➢ Rezone ➢ Combined preliminary/final plat ➢ Conditional use permit ➢ Alternative Compliance Size of property, existing zoning, and location: This site consists of 0.50 acres of land, is currently zoned R-15, and is located at 603 W. Pine Avenue. Adjacent Land Use & Zoning: The subject property is primarily surrounded by multi -family developments except for a single family residence that abuts the northeast corner of the proposed development. The contiguous properties are zoned R-15. Comprehensive Plan FLUM Designation: HDR Summary of Request: The applicant proposes to rezone 0.50 acres of land from the R-15 to the R-40 zoning district; PFP for two (2) multi -family building lots and one (1) common lot and conditional use permit to develop the property with eight (8) multi -family dwelling units; two (2) four-plex structures. The proposed density is 17.8 dwelling units to the acre which is consistent with the Comprehensive Plan and the requested R-40 zoning district. Access to the development will be provided from W. Idaho Street consistent with the UDC. Per plat note #7, Lot 1, Block 1 is to provide a cross access and share parking for the entire development. Both requirements are in compliance with UDC 11-3A.3. The submitted landscape plan depicts a 15 -foot wide landscape buffer adjacent to Pine Avenue and approximately 3,279 square feet of common open space in excess of the multi -family standards. The Director has approved an alternative compliance request to reduce the buffer width adjacent to Pine which has allowed the applicant to increase the common open space between the two four-plex structures and facilitate the only access from Idaho. Amenities for the multi -family development consist of public art and community garden in accord with the multi -family standards. The site plan depicts 16 parking stalls; eight of which are covered consistent with UDC standards. The Director has approved an alternative compliance to allow 8 of the parking stalls to be compact. The proposed elevations are consistent with the design standards in the UDC and the multi -family standards. Commission Recommendation: Commission recommended approval at the April 161h P/Z hearing Summary of Commission Public Hearing: i. In favor: Shawn Nickel ii. In opposition: None iii. Commenting: None iv. Written testimony: John Rennison Key Issue(s) of Discussion by Commission: None Key Commission Change(s) to Staff Recommendation: i. Required an extended covered canopy on the rear elevations. ii. Modified condition of approval 2.2.7 requiring the final plat to be recorded prior to occupancy of the first structure. Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: None Notes: Meridian City Council Meeting DATE: May 19, 2015 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Proclamation for Huntington's Disease Awareness Month 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: May 19, 2015 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Approve Minutes of May 12, 2015 City Council Workshop Meeting MEETING NOTES c✓ APPROVED 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: May 19, 2015 ITEM NUMBER: 6B PROJECT NUMBER: RZ 15-002 ITEM TITLE: Development Agreement for Approval: Calderwood Business Park by GGR, LLC Located Southeast Corner of S. Meridian Road and E. Calderwood Drive MEETING NOTES i APPROVED 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 2015-043235 BOISE IDAHO Pgs=9 NIKOLA OLSON 05/20/201503:05 PM MERIDIAN CITY NO FEE 1111111111111II 1111111111111111IF11111111111111 00100134201600432350090096 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. GGR, LLC, Owner/Developer IV P` THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this I9 day of � A- , 2015, by and between City of Meridian, a municipal corporation of the State of Idaho hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho and GGR, LLC, whose address is PO Box 2579, Eagle, ID 83616, hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-511-3 of the Unified Development Code ("UDC'), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for the re- zoning of approximately 4.08 acres of land from the L -O (Limited Office) zoning district to the C -G (General Retail and Service Commercial) (2.73 acres) and the L -O (Limited Office) (1.35 acres) zoning districts (as described in Exhibit "A"), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREENIENT—CALDERWOOD BUSINESS PARK (RZ— 15-002) PAGE 1 OF 9 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 12s' day of May, 2015, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings'), which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision ofthe state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to GGR, LLC, whose address is PO Box 2579, Eagle, Idaho 83616, the party that is developing said Property DEvELGFMENr AGREEMENT — CALDERwooD BusiNEss PARK (RZ —15-002) PAGE 2 of 9 and shall include any subsequent owner/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned General Retail and Service Commercial (C -G) and Limited Office (L -O) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: A. Future development of the site shall be consistent with the concept plan and building elevations approved with RZ-15-002 AND the design standards in UDC 11-3A-19 and the guidelines in the Meridian Design Manual. B. Certificate of Zoning Compliance and Administrative Design Review applications are required to be submitted to the Planning Division for approval of all future buildings/uses on the site, prior to applying for a building permit. C. After rezone ordinance approval, the applicant shall submit and obtain approval of a property boundary adjustment (PBA) for the L -O zone portion in the configuration of the proposed concept plan. Future development of the C -G zone portion will require the applicant to submit and obtain approval of property boundary adjustments (PBAs) to match the parcel boundaries to the proposed building(s) configuration. D. The applicant shall construct a 1,500 square foot central plaza/common open space area prior to obtaining occupancy of the first building. Details of the open space must be submitted with the first certificate of zoning compliance application. E. Development of the subject property shall comply with the C -G and L -O dimensional standards listed in UDC 11-213-3. The uses allowed pursuant to this agreement are those uses allowed in the C -G and L -O zoning districts listed in UDC Table 11-2B-2, except for the following uses which are prohibited: drinking establishments, minor vehicle repair, equipment rental, sales and service, wireless communication facility, vehicle washing facility, fuel sales facility, outdoor recreation facility and vehicle sales and rentals. F. Only two (2) drive-through uses shall be allowed to develop on this property one of which may be in the location depicted on the concept plan (corner of DEVELOPMENT AGREEMENT- CALDERWOOD BUSINESS PARK (RZ -15-002) PAGE 3 OF 9 Calderwood/Meridian). If a future drive-through use is proposed in any location, CUP approval and compliance with the specific use standards set forth in UDC 11- 4-3-11, is required. G. Hours of operation shall be limited on this property as follows: • C -G zone — 6 am to 11 pm; extended hours of operation may be requested through a conditional use permit in accord with UDC 11 -2B -3A.4. • L -O zone — 6 am to 10 pm. H. Vehicular access to Meridian Road is prohibited. A cross-access/shared-parking easement/agreement shall be recorded for the commercial development. All lots within the subdivision shall have the right to use all of the access points approved this application (E. Calderwood Drive and S. Blackspur Way). The recorded agreement shall grant cross access to Lots 1 and 2, Blockl of Larkspur Subdivision. This agreement shall be recorded and a copy of the recorded agreement submitted to the City prior to the issuance of the first certificate of occupancy. I. Future development of the site shall comply with the ordinances in effect at the time of development. J. The property is no longer subject to requirements of CUP -04-025. K. The applicant shall construct a minimum 35 -foot wide landscape buffer adjacent to S. Meridian Road; a 20 -foot wide landscape buffer adjacent to E. Calderwood Drive and a 15 -foot wide landscape buffer adjacent to S. Blackspur Way in accord with the standards set forth in UDC 11 -3B -7C. L. The applicant shall construct a 20 -foot wide landscape buffer for the C -G zoned property and a 20 -foot wide landscape buffer for the L -O zoned property along the south boundary of the development in accord with the standards set forth in UDC 11-313-9C.A. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. DEVELOPMENT AGREEMENT-CALDERWGGD BUSINESS PARK (RZ- 15-002) PAGE 4 of 9 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation ofthe duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the DEVELOPMENT AGREEMENT -CALDERWGGD BUSINESS PARK (RZ- 15-002) PAGE 5 of 9 UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: GGR, LLC PO Box 2579 Eagle, ID 83616 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly ofthe essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, DEVELOPMENT AGREEMENT- CALDERWOOD BUSINESS PARK (RZ- 15-002) PAGE 6 OF 9 including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning ofthe subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEvELGPwNT AGREEMENT-CALDERwooD BUSINESS PARK (RZ-15-002) PAGE 7 of 9 IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: GGR, LLC RpteD AU°GST °°ATTEST: 1 //1/1 __0 nary of L. Holman, City Clerk mnxo SEAL �yf�I ��/d< iAF AS�F�VFy CITY OF MERIDIAN C=:/ 7, ridt-47' CFaV-4. ��l DEVELOPMENT AGREEMENT — CALDERWOOD BUSINESS PARK (RZ— 15-002) PAGE 8 OF 9 STATE OF IDAHO ) ss: County of Ada, ) pit /J�J On this /I day of / �/ 1 '2015, before me, the undersigned, a Notary Public in and for said State, personally appeared X;, / ! %6.v YH�6 � known or identified to me to be the /%/Jr4w/4-6 of GGR,LLC, and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) STATE OF IDAHO ) ss County of Ada Notary Public tol Residing at: —A My Commission On this�� da of 2015, before me, a Notary Public, personally appeared " e and J ee L. Holman, know or identified to me to be the "F Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) `aP . No ibh dfo�r o Residing at: �Q,v�diar'1t t� Commission expires: ,jay) 4 _ OcQo DEVELOPMENT AGREEMENT — CALDERWOOD BUSINESS PARK (RZ —15-002) PAGE 9 OF 9 Meridian City Council Meeting DATE: May 19, 2015 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: Agreement for Connection to Public Sewer System: Jean Shepp - 1407 W. Carlton St. MEETING NOTES G✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM: 1407 W. CARLTON STREET This AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM: 1407 W. CARLTON STREET is made this _qday of May, 2015, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Jean Shepp, whose address is 1407 W. Carlton Street, Meridian, Idaho (hereinafter "User") (collectively, "Parties"). WHEREAS, User is the owner of parcel number R7052110195, located at 1407 W. Carlton Street, Meridian, Idaho, in Ada County, Idaho (hereinafter "Property"); WHEREAS, the residence at Property is connected to the public water system, but is not connected to the public sewer system, and instead remains connected to a private septic system; WHEREAS, the City is authorized by Idaho Code section 50-332 to operate and maintain a domestic sewer system, and the City does exercise such authority, including by the adoption and enforcement of Title 9, Chapter 4, Meridian City Code; WHEREAS, the Parties wish to connect the residence at Property to the City sewer system and disconnect the septic system from the residence; WHEREAS, though the septic system at Property is still in working order, the City Council of the City of Meridian finds that it is in the best interest of the public health and safety to connect the residence at Property to the City sewer system and disconnect the septic system from the residence as soon as practicable, and is willing to pay for costs related to such connection up to an amount of four thousand seven hundred dollars ($4,700.00); and WHEREAS, due to a clerical error, User has paid City for sewer services in the stipulated amount of one thousand three hundred and fourteen dollars and eighty-eight cents ($1,314.88), and Parties agree that it is in both Parties' best interest to apply such amount to the cost of connecting the residence at Property to the City sewer system and disconnecting the septic system from the residence; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, the Parties agree as follows: I. SCOPE OF AGREEMENT. A. SEPTIC SYSTEM DISCONNECT; CITY SEWER HOOKUP. 1. USER TO HIRE CONTRACTOR. A stub from the City sewer system to the properly line has been previously installed adjacent to the Property. User shall hire a licensed contractor of User's choice to, by 5:00 p.m. on Monday, June 15, 2015, complete the following: a. Disconnect and abandon the septic system at the Property; and b. Connect the residence at the Subject Property to the City sewer system. AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM PAGE I OF 4 2. CITY TO PAY CONTRACTOR. Within thirty (30) days of receipt of invoice and completed W-9 form from the contractor for the services enumerated herein, provided that such work is completed by 5:00 p.m. on Monday, June 15, 2015, City shall pay the contractor for the amount invoiced, not to exceed four thousand seven hundred dollars, ($4,700.00), which payment shall constitute City's total remuneration for all costs related to these -enumerated services. User . shall be responsible for any cost or payment due in excess of this amount. 3. PERMITS. User shall ensure that the selected contractor obtains all necessary permits from the Building Services Division of the City of Meridian Community Development Department prior to excavation and/or installation of plumbing. Fees applicable to required permits shall apply. 4. WAIVER OF SEWER ASSESSMENT. City shall waive the applicable sewer assessment fee related to the connection of the existing residence at the.Property to. City services. B. RELEASE. In consideration of City's waiver of sewer assessment fees and payment of the contractor engaged by User as described herein, User hereby releases City from liability for any and all rights, causes of action, claims, lawsuits, damages of any nature, both known and unknown, both now and in the future, that have or may have arisen, that will arise and/or that are related in any way to the connection of the residence at Property to the City sewer system including, without limitation, any claim to overpayment for City sewer services or payment for services not received. This Agreement discharges City from any and all claims and lawsuits whatsoever that User has brought, could have brought, or could bring against City in the future. User fully understands and agrees that this Agreement is a full, final and complete release and discharge of any and all claims of any nature which User may have against City. C. PAYMENT FOR CITY SERVICES. Upon connection to the City sewer system, User shall pay to City all applicable fees and costs for sewer, water, and garbage services provided, including, but not limited to use fees, as such are calculated and billed by City as set forth herein and established by law or City policy or ordinance. The exclusive remedy for any disputes, objections, or appeals regarding such fees and costs shall be with the Board of Adjustment under the procedures set forth in Meridian City Code. D. OPERATION ANIS MAINTENANCE. Upon connection to the City's sewer system, User shall be solely responsible for any and all costs related to operation and maintenance of all portions and functions of the sewer system between the City sewer main and the residence served by the City sewer main. III. GENERAL PROVISIONS. A. TIME IS OF THE ESSENCE. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, and provision of this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach and default hereunder by the Party so failing to perform. B. DEFAULT. Any failure to perform the terms and conditions of this Agreement, or any portion thereof, shall be a default hereunder. In the event of a default, the non -defaulting party may serve a AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM PAGE 2 OF 4 written Notice of Default upon the defaulting party by the method set forth herein. Except in case of an imminent or, realized threat to the public health, safety, or welfare, the defaulting party shall have thirty (3 0) days following delivery of such notice to cure or correct the default before the non - defaulting party may seek any remedy as provided herein. Notwithstanding any other provision of this Agreement, this provision shall be binding upon the Parties and upon any and all successors in interest thereof. C. INDEMNIFICATION. User shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by User, its agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. User acknowledges that acceptance of the offer described in this Agreement presents risks, some of which are unknown, and do agree to assume all such known or unknown risks. Except as to rights held under the terms of this Agreement, User shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents, or employees. D. NOTICES. Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United States Mail, postage prepaid, addressed as follows: City: Office of the City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 User: Jean Shepp 1407 W. Carlton Street Meridian, ID 83642 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. E. SEVERABILITY. If any provision of this Agreement is held invalid by court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. F. ATTORNEY FEES. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default, termination, or forfeiture of this Agreement. G. FINAL AGREEMENT. This Agreementsets forth all promises, inducements, agreements, conditions, and understandings between City and Users relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oralorwritten, express or implied, between City and Users, other than as are stated herein. Except as otherwise specifically provided AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM PAGE 3 OF 4 herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. H. NON -WAIVER. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. I. COMPLIANCE WITH LAws. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, codes, standards and permitting requirements of Federal, State, and local governments, including, but not limited to, the City of Meridian, Idaho Department of Environmental Quality, Idaho Department of Water Resources, and Central District Health Department. 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. The City's ordinances appertaining to the regulation, control, and use of its sewer system, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. J. ADVICE OF ATTORNEY. Each party warrants and represents that in executing this Agreement, it has received independent legal and financial advice from its attorney and/or financial advisor, or has had adequate opportunity to seek such advice. K. APPROVAL REQUIRED: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this //cam. day of May, 2015. T-an�tlty- e-Weerd, Mayor COu i]1L51 (.4Af�tA.0-L �6u, Cityof OAHO SEAT. 4 1de 10.EA5� AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM Holman, Clerk PAGE 4 OF 4 Meridian City Council Meeting DATE: May 19, 2015 ITEM NUMBER: 6D PROJECT NUMBER: ITEM TITLE: Professional Services Agreement with Kings of Swing for Musical Talent for Concerts on Broadway in an Amount Not -to -Exceed $2,500.00 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 PROFESSIONAL SERVICES AGREEMENT MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGREEMENT — MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement") is made this jq&ay of May, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Tom Phelps, doing business as Kings of Swing, an assumed business name certified under the laws of the State of Idaho, whose address is 10790 W. Hickory Drive, Boise, Idaho ("Promoter"). WHEREAS, the City desires that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the Meridian City Hall plaza during the summer; and WHEREAS, the Parties mutually desire to present, as part of Concerts on Broadway, the music of Kings of Swing, a seventeen -piece band specializing in the performance of swing and big band music; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. A. Performance. Tom Phelps and the Kings of Swing, shall perform for the public approximately fifteen (15) swing and/or big band songs, from 7:00 p.m. to at least 8:30 p.m., on Saturday, June 20, 2015, in the plaza at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho, with one fifteen - minute break during this time. In case of inclement weather, the venue may be moved to an indoor location to be determined and agreed upon separately by the Parties. B. Sound system; set up and sound checks. City shall provide, set up, and operate any and all sound systems and equipment necessary to electronically amplify music and spoken announcements. City shall set up sound systems and/or related equipment by 5:00 p.m. on June 20, 2015, and Kings of Swing may rehearse and/or perform sound checks at that time. All set-up, rehearsal, and/or sound checks shall be completed by 6:30 p.m. C. Risers. If Promoter elects to use risers to elevate the musicians, Promoter shall provide and set up such risers, and shall utilize such materials necessary to protect City facilities from any and all damage therefrom. II. COMPENSATION. A. Total amount. City shall make total payment to Promoter for services rendered pursuant to this Agreement in the amount of two thousand five hundred dollars ($2,500.00). This payment shall constitute full compensation from City to Promoter and/or to the members of Kings of Swing for any and all services, costs, and expenses related to services performed under this Agreement. Promoter and/or the respective members of Kings of Swing shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. PROFESSIONAL SERVICES AGREEMENT— CONCERTS ON BROADWAY PAGE 1 of 5 B. Cancellation of event. If Kings of Swing is present and prepared to perform at the time, date, and place, and in accordance with the terms set forth herein, City shall pay Promoter in the amount set forth herein, even if the event is cancelled due to unforeseen events not caused by Promoter or the members of Kings of Swing. Any decision regarding whether to cancel the performance shall be made no earlier than 6:30 p.m. on June 20, 2015. C. Method of payment. Following the June 20, 2015 performance, Promoter shall provide City with an invoice for the amount of two thousand five hundred dollars ($2,500.00) for services provided, which City shall pay within thirty (30) days of receipt thereof. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Promoter. III. VENUE A. Plaza. City shall provide for the performance the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho ("venue"), which is an outdoor, open, public venue. Promoter shall be solely responsible for any and all measures necessary to protect equipment, instruments, and Kings of Swing members from damage due to weather and other conditions that do or may exist. B. Public venue. Promoter acknowledges that the venue is a public place and that all members of the public shall be invited to attend. To this end, the members of Kings of Swing shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. Kings of Swing's performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. C. City policy applies. Promoter and Kings of Swing shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department, and any requirements of the City Building Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting City facilities and property. D. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, the performance solely for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. E. Merchandising. Promoter and/or Kings of Swing shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City respectfully requests that twenty percent (20%) of any proceeds from merchandise sold at the Concerts on Broadway event be voluntarily donated to the Meridian Arts Commission. Promoter and Kings of Swing shall be responsible for paying all sales and other taxes due and owing on the proceeds from merchandise sold. IV. TERMS AND CONDITIONS A. Time of the essence. Promoter acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. PROFESSIONAL SERVICES AGREEMENT- KINGS OF SWING, CONCERTS ON BROADWAY PAGE 2 of 5 B. Promotion of event. City shall promote the performance in community promotional materials and avenues, including the City newsletter, City website, Meridian Parks & Recreation Department Activity Guide, and local media and event calendars. Promoter may undertake additional promotional activities at his own expense and effort, subject only to the limitations set forth herein. City hereby conveys to Promoter permission to use City's name in all forms and media and in all manners, without violation of City's respective rights of privacy or any other rights City may possess in connection with its role in the production of Concerts on Broadway, except that City's logo may not be used in any manner whatsoever without the express, written consent of the Mayor's Executive Assistant. To the extent practicable, Promoter shall be given the opportunity to review, for purposes of accuracy, and approve all promotional materials in advance of their publication, broadcast or dissemination. The band shall be listed as "Kings of Swing" in all promotional materials that are created by City or within the City's control. C. Subcontracting or assignment of obligations. Promoter shall not subcontract or assign any of the obligations of Kings of Swing under this Agreement related to or that may relate to the band's talent or expertise. Promoter may subcontract or assign obligations that do not require the band's artistic talent or expertise, including, but not limited to, such obligations as transport and set-up of special equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. D. Non -waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. E. Indemnification. Promoter shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Promoter and/or Kings of Swing, their assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. Promoter and each member of Kings of Swing acknowledge that provision of the services described hereunder presents risks, some of which are unknown, and do agree to assume all such known or unknown risks. F. Waiver. Except as to rights held under the terms of this Agreement, Promoter and each member of Kings of Swing shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. G. Relationship of Parties. Promoter and each member of Kings of Swing is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Promoter or any member of Kings of Swing and City or any official, agent, or employee of City. Promoter and Kings of Swing shall retain the right to perform services for others during the term of this Agreement. H. Compliance with law. Throughout the course of this Agreement, Promoter and each member of Kings of Swing shall comply with any and all applicable federal, state, and local laws. PROFESSIONAL SERVICES AGREEMENT- CONCERTS ON BROADWAY PAGE 3 Of 5 I. Non -Discrimination. Throughout the course of this Agreement, neither Promoter nor any member of Kings of Swing shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. K. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. L. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. M. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. N. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. O. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. P. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: City: City Clerk City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 Kings of Swing Tom Phelps 10790 W. Hickory Drive Boise, Idaho 83713 Either party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. Q. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Kings of Swing and each and every member thereof. The undersigned further warrants that he is authorized to bind Kings of Swing and its members to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Kings of Swing and its members. PROFESSIONAL SERVICES AGREEMENT— KINGS OF SWING, CONCERTS ON BROADWAY PAGE of R. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the G," day of May, 2015. PROMOTER: Tom Phelps; Director Kings of Swing CITY OF MERIDIAN: �Rp�uu,IUC BY: Attes[ a r�a Pp City -f C0IULCl/ reSldP E IDIAN n�OnNO SEAL f6P tl!"b TA F AA��/ City Clerk PROFESSIONAL SERVICES AGREEMENT- CONCERTS ON BROADWAY PAGE 5 Of 5 Meridian City Council Meeting DATE: May 19, 2015 ITEM NUMBER: 6E PROJECT NUMBER: ITEM TITLE: Meridian Community Block Party 2015 Sponsorship Agreement Between Westside Body Works and the City of Meridian for a Not -to -Exceed Amount of $1,500.00 MEETING NOTES APPROVE D Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS M RI �COMMUNIYY CK MERIDIAN COMMUNITY BLOCK PARTY 2015 SPONSORSHIP AGREEMENT This MERIDIAN COMMUNITY BLO�,PART 2015��PfJNSORSHIP AGREEMENT ("Agreement") is made on this �lay o 20 5 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Westside Body Works, whose address is 210 Fairview Avenue, Meridian, Idaho 83642 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, a 2015 Sponsor of City's Meridian Community Block Party event. The specific sponsor position and benefits insured to Sponsor throughout the term of this Agreement shall be attached hereto as Exhibit A. 2. Payment. Within thirty (30) days of the Effective Date of this Agreement, Sponsor shall prepay to City one thousand five hundred dollars ($1,500.00). In the event the Sponsor fails to pay this amount in a timely manner as provided herein, City may immediately cancel and void this Agreement. In the event that the Meridian Community Block Party is cancelled for any reason, the amount prepaid shall be refundable. 3. Promotion. With regard to the Meridian Community Block Party, City shall undertake the promotional and advertising efforts enumerated for the sponsors in the Meridian Community Block Party 2015 Sponsor/Partner Packet, attached hereto as Exhibit A. 4. Term. The term of this license shall be from the Effective Date through September 30, 2015, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2015 Meridian Community Block Party is scheduled to be held at Julius M. Kleiner Park Park on September 19, 2015 from 10:00 a.m. to 5:00 p. in., but cancellation may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling Meridian Community Block Party activities, including any and all related activities by Sponsor. The parties hereto expressly acknowledge that Julius M. Kleiner MERIDIAN COMMUNITY BLOCK PARTY PRESENTING SPONSORSHID AGREEMENT PAGE 1 of 6 Memorial Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from the Meridian Community Block Party, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment or materials used by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. 7. Use of City's name, logo. City hereby conveys to Sponsor permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. 8. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have seven (7) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. b. Termination without cause. Either party may terminate this Agreement for any reason or without cause by providing to the other party seven (7) days' written notice. c. No compensation upon termination. In the event of termination, whether for or without cause, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. Notwithstanding this provision, neither party shall be relieved of any liability for damages sustained by the other attributable to a breach of this Agreement. MERIDIAN COMMUNrrY BLOCK PARTY PRESENTING SPONSORSHn° AGREEMENT PAGE 2 of 6 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the Meridian Community Block Party, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising, out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12. Waiver. Sponsor shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Sponsor's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. 13: Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. MERIDIAN COMMUNITY BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE of 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. 20. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. 21. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Sponsor: City: Mindy Critchlow Colin Moss mindy@westsidebodyworks.com cmoss@meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. MERIDIAN COMMUNITY BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 4 of 6 24. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, leases, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 25. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 26. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. 27. Approval Required. This Agreement shall not become effective of binding until approved by the City of Meridian. SPONSOR: Authorized Signature "M& cwl �CKUw Please Print Name CITY OF MERIDIAN: MA l lJ ��tr8j City DF ( E Ir DIAIDAHO y SE AL Title y�2vU-1� Date ATTEST: City Clerk MERIDIAN COMMUNITY BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 5 of 6 Exhibit A MERIDIAN COMMUNITY BLOCK PARTY 2015 SPONSORSHIP PACKET Food Truck Rally Sponsor For $1,500 you will receive: • The Food Truck Rally area will be renamed with your organization/business name at the beginning. Example: [Your Business Name] Food Truck Rally. • Two (2) sponsor banners will be produced and hung on the food tent which will be located directly west of the line of food trucks. You will have the opportunity to proof banners before final design is approved by Meridian Parks and Recreation. Additional banners may be hung if provided by sponsor. • The opportunity to set up a 10'x10' booth during the event to promote your business/organization through displays, product sampling, demonstrations, etc. • Your logo linked to your website on the City of Meridian website on the Meridian Community Block Party page. • Your logo and a link to your website included in promotional e-mail blasts to our distribution list of over 9,000 e-mail addresses. • Your logo and a link to your website on the Meridian Community Block Party event listing on the Meridian Parks and Recreation page on Facebook. This listing will also be posted on the City of Meridian page on Facebook. • Your logo in the Meridian Parks and Recreation Fall Activity Guide in the back cover, full-page color advertisement for the event. Over 25,000 copies are distributed through direct mail and in the Meridian Press. • The right of first refusal to continue as the event's Food Truck Rally Sponsor in 2016. MERIDIAN COMMUNITY BLOCKPARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 6 of 6 Meridian City Council Meeting DATE: May 19, 2015 ITEM NUMBER: 6F PROJECT NUMBER: ITEM TITLE: Silver Oaks Apartments Sewer and 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 2015-043236 BOISE IDAHO Pgs=16 NIKOLA OLSON 0512012015 03:05 PM MERIDIAN CITY NO FEE 11111111 VIII l III'1I1IIIII IIIIIIIIIIIIIIII 1111'11 00100136201600432360160169 SANITARY SEWER AND WATER MAIN EASEMENT 101 t1 -day. THIS INDENTURE, made this _'�� day of , 2015, between Silver Oaks Apartments, LLC, and SOA Phase I, LLC, the parties&the first art, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, 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 and water 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, 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 and 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. Avendale Subdivision Sanitary Sewer and Water Main Easement EASMT S&W 4-06-15.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 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. AFIRABUOHN OAKS APARTMENTS, LLC M. Cooper, Executivb Manager 7630 W. Thunder Mountain Road, Boise, ID 83709 Address LLC Cooper, Executive 7630 W. Thunder Mountain Road, Boise, ID 83709 Address Avendale Subdivision Sanitary Sewer and Water Main Easement EASMT S&W 4-06-15.doc STATE OF IDAHO ) ss. County of Ada ) On this day of 2015, before me, the undersigned, a Notary Public in and for said State, sonally appeared David M. Cooper, known or identified to me to be the Executive Manager of Silver Oaks Apartments, LLC, and SOA Phase I, LLC, the person that executed the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have and year first above written. (SEAL) C,CA L. 00"dP ,�LOTA*.t. mG® PUE L`GOF set my hand and affixed my official seal the day Residing at: Commission Avendale Subdivision Sanitary Sewer and Water Main Easement EASMT S&W 4-06-15.doc GRANTEE: CITY OF MERIDIAN Cou-A.ul i�ileSiG:Oiv� l t Q(2 Attest bpaycee L. Holman, City Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) SEAL On this day of KA4 2015 before me the undersigned, a Notary Public in and for said State, personally appeared` and Jaycee L. Holman, known to me to be the1lvIayor 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. C— NOVARI PUBLIC FOR AHO Residing at: "e mloltcin HD Commission Expires: J, ,o Avondale Subdivision Sanitary Sewer and Water Main Easement EASMT S&W 4-06-15.doc February 12, 2015 Description for Meridian City Sanitary Sewer and Water Easement Silver Oaks Apartments An easement located over a portion of Lot 1, Block 2 of Umbria Subdivision, as filed for record in Book 101 of Plats at Page 13200, records of Ada County, Idaho, located in the south % of Section 10, Township 3 North, Range I West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a Brass Cap monument marking the southeast corner of said Section 10, from which a Brass cap monument marking the south '/< comer of said Section 10 bears North 89°36'09" West, 2640.84 feet; thence along the southerly boundary line of said Section 10 North 89°36'09" West, 1558.90 feet to a 5/8" iron pin marking the southeast corner of said Umbria Subdivision; thence along the easterly boundary of said Umbria Subdivision North 01012122" East, 527.36 feet to the southeasterly comer of Lot 1, Block 2 of said Umbria Subdivision; thence leaving said easterly boundary South 86136'10" West, 10.03 feet to a point on a curve on the northerly right-of-way of West Perugia Street, said point also being on the westerly boundary of an existing City of Meridian Sewer Easement, filed for record as Instrument No. 105 19133 0, records of Ada County, Idaho, and the POINT OF BEGINNING; Thence along said northerly right-of-way 5.10 feet along the are of a non -tangent curve to the left, said curve having a radius of 62.50 feet, a delta angle of 04°40'47", and a long chord bearing South 79°39'34" West, 5.10 feet; Thence leaving said right-of-way North 01°12'22" East, 496.76 feet; Thence North 88°47'45" West, 172.08 feet; Thence North 50°54'36" West, 18.25 feet; Thence South 39°05'24" West, 54.32 feet, Thence South 51'32'26" East, 4.18 feet, Thence South 38°27'34" West, 20.00 feet; Thence North 51°32'26" West, 4.13 feet; Thence South 36°41'58" West, 23.25 feet; Thence South 53°18'02" East, 30.45 feet; Thence South 36°41'58" West, 23.00 feet; Thence North 53°18'02" West, 30.45 feet; Thence South 36°41'58" West, 6.28 feet; Thence South 07°06'37" West, 120.84 feet; Thence South 25°54'34" East, 11.61 feet; Page 1 of 10 Thence South 75132'53" East, 85.62 feet; Thence North 17° 17' 58" East, 20.92 feet; Thence South 72°42'02" East, 82.31 feet; Thence South 13°05'46" East, 48.56 feet; Thence South 39°07'52" West, 15.24 feet; Thence South 50152'08" East, 23.55 feet; Thence South 39107'52" West, 23.00 feet; Thence North 50°52'08" West, 23.55 feet; Thence South 39°07'52" West, 23.61 feet; Thence South 89105'23" West, 11.92 feet; Thence South 00°54'37" East, 14.28 feet; Thence South 89°05'23" West, 20.00 feet; Thence North 00°54'37" West, 14.28 feet; Thence South 89°05'23" West, 30.61 feet; Thence North 45°54'37" West, 45.13 feet; Thence South 44°05'23" West, 40.48 feet; Thence North 45°54'37" West, 23.00 feet; Thence North 44105'23" East, 40.48 feet; Thence North 45°54'37" West, 37.22 feet; Thence North 25°54'34" West, 35.32 feet; Thence North 75°32'53" West, 24.61 feet; Thence North 06°20'01" East, 108.59 feet; Thence North 82°53'23" West, 29.65 feet; Thence North 07°06'37" East, 23.00 feet; Thence South 82°53'23" East, 29.34 feet; Thence North 06°20'01" East, 21.06 feet; Thence North 36'00'41" East, 113.23 feet; Page 2 of 10 Thence North 23014'13" West, 132.79 feet; Thence North 31105'17" East, 30.06 feet; Thence North 71106'32" West, 23.64 feet; Thence North 18°53'28" East, 23.00 feet; Thence South 71006'32" East, 28.62 feet; Thence North 31005'l 7" East, 212.79 feet; Thence North 58°46'08" West, 73.49 feet; Thence South 84156'15" West, 151.72 feet; Thence South 04143'35" East, 28.92 feet; Thence South 85°16'25" West, 23.00 feet; Thence North 04°43'35" West, 28.79 feet; Thence South 84'56'15" West, 88.69 feet; Thence North 83°37'06" West, 70.74 feet; Thence South 10°49'52" West, 221.14 feet; Thence South 79°55'25" East, 40.01 feet; Thence North 10104'35" East, 15.12 feet; Thence North 38°59'50" East, 26.67 feet; Thence South 51'00'10" East, 23.00 feet; Thence South 38°59'50" West, 20.74 feet; Thence South 10°04'35" West, 9.19 feet; Thence South 79155'25" East, 29.02 feet; Thence South 21'00'27" East, 63.26 feet; Thence North 68°59'33" East, 4.33 feet, Thence South 21000'27" East, 20.00 feet; Thence South 68°59'33" West, 4.33 feet; Thence South 21°00'27" East, 8.59 feet; Thence South 21'17'14" West, 17.67 feet; Page 3 of 10 Thence South 68142'46" East, 28.45 feet; Thence South 21°17'14" West, 23.00 feet; Thence North 68°42'46" West, 28.45 feet; Thence South 21'17'14" West, 236.17 feet; Thence South 54°1Yl 8" West, 57.92 feet; Thence South 35°46'42" East, 28.47 feet; Thence North 54'l Yl8" East, 3.00 feet; Thence South 35°46'42" East, 20.00 feet; Thence South 54'13'18" West, 3.00 feet; Thence South 35°46'42" East, 99.28 feet; Thence North 54'13'18" East, 29.07 feet; Thence South 35146'42" East, 23.00 feet; Thence South 54°13' 18" West, 29.07 feet; Thence South 35°46'42" East, 179.06 feet to a point on a curve on the northerly right-of-way of W. Perugia Street; Thence along said northerly right-of-way 23.02 feet along the arc of a non -tangent curve to the left, said curve having a radius of 62.50 feet, a delta angle of 21'06'01 ", and a long chord hearing South 83018'39" West, 22.89 feet; Thence leaving said right-of-way North 35°46'42" West, 83.97 feet; Thence South 54°11'37" West, 10.07 feet; Thence North 35°48'23" West, 42.48 feet; Thence South 54113'18" West, 27.10 feet; Thence North 35°46'42" West, 23.00 feet; Thence North 54'13'18" East, 27.09 feet; Thence North 35°48'23" West, 213.60 feet; Thence South 54'13'18" West, 29.04 feet; Thence North 35°46'42" West, 23.00 feet; Thence North 54113'18" East, 27.62 feet; Page 4 of 10 Thence North 47°27'39" West, 148.98 feet; Thence North 23°12'36" West, 73.73 feet; Thence South 64°37'09" West, 29.11 feet; Thence North 25°22'51" West, 23.00 feet; Thence North 64°37'09" East, 29.98 feet; Thence North 23°12'36" West, 166.72 feet; Thence North 37029'31" West, 45.72 feet; Thence South 53°45'37" West, 35.67 feet; Thence North 36°14'23" West, 23.00 feet; Thence North 53°45'37" East, 35.17 feet; Thence North 37°29'31" West, 262.12 feet; Thence North 81°14'23" West, 21.25 feet; Thence North 08°45'37" East, 23.00 feet; Thence South 81°14'23" East, 38.36 feet; Thence North 47°09'45" West, 45.05 feet; Thence North 42°50' 15" East, 23.00 feet; Thence South 47°09'45" East, 49.83 feet; Thence North 53°45'37" East, 32.96 feet; Thence South 8749'12" East, 9.65 feet; Thence North 02°12'26" East, 27.40 feet; Thence South 87°50'55" East, 23.00 feet; Thence South 02°12'26" West, 27.41 feet; Thence South 8749'12" East, 156.32 feet; Thence South 83°20'37" East, 54.50 feet; Thence North 06°39'23" East, 33.34 feet; Thence South 83°20'37" East, 23.00 feet; Thence South 06°39'23" West, 33.34 feet; Page 5 of 10 Thence South 83°20'37" East, 168.53 feet; Thence North 06139'23" East, 1.28 feet; Thence South 83120'37" East, 20.00 feet; Thence South 06°39'23" West, 1.28 feet; Thence South 83120'37" East, 47.02 feet; Thence North 05116'24" East, 34.39 feet; Thence South 84°43'36" East, 23.00 feet; Thence South 05116'24" West, 33.34 feet; Thence South 84°45'58" East, 8.63 feet; Thence North 85°15'59"East, 227.90 feet; Thence North 04°44'01" West, 35.52 feet; Thence North 85°15'59" East, 23.00 feet; Thence South 04144'01" East, 29.04 feet; Thence North 85°15'59" East, 16.57 feet; Thence South 04'44'01" East, 6.48 feet; Thence North 85'15'59" East, 52.55 feet; Thence South 55°11'25" East, 60.05 feet; Thence South 01°12'15" West, 24.30 feet; Thence South 88°45'36" East, 100.44 feet to a point on the westerly boundary of an existing City of Meridian Sewer Easement, filed for record as Instrument No. 105191330, records of Ada County, Idaho; Thence along said westerly sewer easement boundary South 01'12'22" West, 28.73 feet; Thence leaving said sewer easement boundary North 88°47'45" West, 99.10 feet; Thence South 33°07'11" West, 26.81 feet, Thence South 56°52'49" East, 32.86 feet; Thence South 33°07' 11" West, 23.00 feet; Thence North 56°52'49" West, 30.33 feet; Thence South 33°07'11" West, 22.30 feet; Thence North 56°52'49" West, 2.53 feet; Page 6 of 10 Thence South 33°07'11" West, 180.71 feet; Thence South 21'37'38" East, 34.03 feet; Thence South 25°42'01" East, 54.10 feet; Thence South 50°54'36" East, 56.82 feet; Thence South 88°47'45" East, 52.59 feet; Thence North 01012' 15" East, 22.47 feet; Thence South 88147'45" East, 23.00 feet; Thence South 01°12'15" West, 22.47 feet; Thence South 88147'45" East, 33.01 feet; Thence North 01*12' 15" East, 23.55 feet; Thence South 88147'45" East, 23.00 feet; Thence. South 01*12'15" West, 23.55 feet; Thence South 88°47'45" East, 38.62 feet to a point on the westerly boundary of an existing City of Meridian Sewer Easement, filed for record as Instrument No. 105191330, records of Ada County, Idaho; Thence along said westerly sewer easement boundary South 01°12'22" West, 515.74 feet to the POINT OF BEGINNING. EXCLUDING THEREFROM THE FOLLOWING: EXCLUSION A That portion of Lot 1, Block 2 of Umbria Subdivision, as filed for record in Book 101 of Plats at Page 13200, records of Ada County, Idaho, located in the south %z of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a Brass Cap monument marking the southeast comer of said Section 10, from which a Brass cap monument marking the south '/a comer of said Section 10 bears North 89036109" West, 2640.84 feet, thence along the southerly boundary line of said Section 10 North 89°36'09" West, 1558.90 feet to a 5/8" iron pin marking the southeast corner of said Umbria Subdivision; thence along the easterly boundary of said Umbria Subdivision North 01'12'22" East, 527.36 feet to the southeasterly comer of Lot 1, Block 2 of said Umbria Subdivision; thence leaving said easterly boundary North 39°45'51" West, 232.41 feet to the POINT OF BEGINNING; Thence South 89°05'23" West, 44.94 feet; Thence North 45°54'37" West, 93.54 feet; Thence North 25°54'34" West, 14.80 feet; Thence South 75°32153" East, 136.42 feet; Page 7 of 10 Thence South 40010'24" East, 17.36 feet; Thence South 39007'52" West, 39.16 feet to the POINT OF BEGINNING. EXCLUSION B That portion of Lot 1, Block 2 of Umbria Subdivision, as filed for record in Book 101 of Plats at Page 13200, records of Ada County, Idaho, located in the south % of Section 10, Township 3 North, Range I West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a Brass Cap monument marking the southeast corner of said Section 10, from which a Brass cap monument marking the south 1/4 corner of said Section 10 bears North 89°36'09" West, 2640.84 feet, thence along the southerly boundary line of said Section 10 North 89°36'09" West, 1558.90 feet to a 5/8" iron pin marking the southeast corner of said Umbria Subdivision; thence along the easterly boundary of said Umbria Subdivision North 01°12'22" East, 527.36 feet to the southeasterly comer of Lot 1, Block 2 of said Umbria Subdivision; thence leaving said easterly boundary North 60°58'32" West, 661.54 feet to the POINT OF BEGINNING; Thence South 54°13' 18" West, 52.01 feet; Thence North 35°46'42" West, 24.35 feet; Thence North 46°24'29" West, 151.16 feet; Thence North 25°22'51" West, 82.94 feet; Thence North 64°37'09" East, 11.07 feet; Thence North 25°22'51" West, 20.00 feet; Thence South 64°37'09" West, 11.07 feet; Thence North 25°22'51" West, 161.72 feet; Thence North 53°45'37" East, 5.18 feet; Thence South 88°30'27" East, 75.06 feet; Thence South 00°02'28" East, 11.76 feet, Thence North 89°57'32" East, 176.44 feet; Thence South 77°43'04" East, 87.22 feet; Thence South 2245'10" East, 62.91 feet; Thence South 22°07' 18" West, 152.28 feet; Thence North 68°42'46" West, 27.11 feet; Thence South 21 *17'14" West, 20.00 feet; Thence South 68°42'46" East, 26.82 feet; Thence South 22007'18" West, 71.12 feet; Page 8 of 10 Thence South 67°52'42" East, 12.71 feet; Thence South 21117'14" West, 16.46 feet to the POINT OF BEGINNING. EXCLUSION C That portion of Lot 1, Block 2 of Umbria Subdivision, as filed for record in Book 101 of Plats at Page 13200, records of Ada County, Idaho, located in the south %, of Section 10, Township 3 North, Range I West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a Brass Cap monument marking the southeast comer of said Section 10, from which a Brass cap monument marking the south '/4 corner of said Section 10 bears North 89°36'09" West, 2640.84 feet; thence along the southerly boundary line of said Section 10 North 89036'09" West, 1558.90 feet to a 5/8" iron pin marking the southeast comer of said Umbria Subdivision; thence along the easterly boundary of said Umbria Subdivision North 01*12'22" East, 527.36 feet to the southeasterly comer of Lot 1, Block 2 of said Umbria Subdivision; thence leaving said easterly boundary North 47120'01" West, 993.81 feet to the POINT OF BEGINNING; ThenceNorth 01°29'33" East, 30.16 feet; ThenceNorth 88130'27" West, 23.00 feet; Thence South 01129'33" West, 30.16 feet; Thence North 88030'27" West, 23.52 feet; Thence North 01'29'33" East, 5.92 feet; ThenceNorth 88°30'27" West, 20.00 feet; Thence South 01°29'33" West, 5.92 feet; Thence North 88030'27" West, 62.71 feet; Thence South 53°45'37" West, 12.93 feet; Thence North 36°14'23" West, 250.35 feet; ThenceNorth 53°45'37" East, 25.49 feet; Thence North 36°14'23" West, 29.14 feet; Thence North 44048'42" East, 21.06 feet; Thence South 87°18'04" East, 132.15 feet; Thence South 02'10'13" West, 28.70 feet; Thence South 87°49'47" East, 23.00 feet; Thence North 02'10'13" East, 28.48 feet; Thence South 87018'04" East, 24.33 feet; Page 9 of 10 Thence South 83137'06" East, 138.20 feet; Thence South 06140'54" West, 34.08 feet; Thence South 83120'37" East, 23.00 feet; Thence North 06°40'54" East, 34.19 feet; Thence South 83037'06" East, 97.94 feet; Thence South 10°49'52" West, 221.12 feet; Thence North 88°30'27" West, 125.87 feet to the POINT OF BEGINNING. This easement contains 149,800 S.F., more or less. Page 10 of 10 -- E MfM PER PUT OF UMORN SURON Eumw JO' ow w OF MER ...113. SEWER XEMW - [NAR. NO. EXCLUSION C ozs _d LOT3�'�g BLOCK 2 •Nri'0 Z?_I UMBRIA x�K SUBDIVISION \ L169 IlmCJ �f 9„4♦ I VAN 1]6 �i/� �TS... Krl \ is \♦♦, EXCLUSION B .:f:"rr�i`� 1 _Zn UR e44 ♦ riir�� ri�4i �jj�P�v�`/'�' �� ♦iii� t14 `Pii , 4i iiS ♦� SI' � ¢ tl \� i`H� Z V' Ux�i�i� � �/T♦♦♦ iii 1�� Ly V' O \ OidA,g [l j dei ♦ i� O W X I �/"``4 oi` ♦ ♦♦♦ �§ amw pl \ 0 o ry ri, `iii"rii $ EXCLUSION A ♦\:,\s:• I 10 11/4 W. FRANKLIN ROAD I1 /....._._......._._._._._._.—._.— MERM UDWM SOUTHEASTERLY CORNER LOT 1, BLOCK 2 UMBRIA SUBDIVISION Z ................................................................... N 89'36'09" W 2640.84' BASIS OF BEARING .................................................: SCALE ,"=zoo' CITY OF MERIDIAN IVGIniEERIIVG DWG.DATE 02/12/15 SEWER & WATER EASEMENT PROD. NO. 141105 SILVER OAKS APARTMENTS SOLUTIONS SHEET LOT 1, BLOCK 2, UMBRIA SUBDIVISION 1 OF 2 LOCATED IN THE S 1/2 OF 1029 N. ROSA IIO S 83642100 SECTION 10, T.3N., RAW., B.M. phone (209) MERIDIAN. ID Fav (836 936-0941 141105-EASE.DWG MERIDIAN, ADA COUNTY, IDAHO BLOCK 1 UMBRIA I G SUBDIVISION \ WI J ^IM N a 01� \ ZI m \ Z \ I 10 11/4 W. FRANKLIN ROAD I1 /....._._......._._._._._._.—._.— MERM UDWM SOUTHEASTERLY CORNER LOT 1, BLOCK 2 UMBRIA SUBDIVISION Z ................................................................... N 89'36'09" W 2640.84' BASIS OF BEARING .................................................: SCALE ,"=zoo' CITY OF MERIDIAN IVGIniEERIIVG DWG.DATE 02/12/15 SEWER & WATER EASEMENT PROD. NO. 141105 SILVER OAKS APARTMENTS SOLUTIONS SHEET LOT 1, BLOCK 2, UMBRIA SUBDIVISION 1 OF 2 LOCATED IN THE S 1/2 OF 1029 N. ROSA IIO S 83642100 SECTION 10, T.3N., RAW., B.M. phone (209) MERIDIAN. ID Fav (836 936-0941 141105-EASE.DWG MERIDIAN, ADA COUNTY, IDAHO LINE TABLE LINE BEARING DISTANCE UNE BEARING DISTANCE UNE OWING DISTANCE LINE BEARING DISTANCE UNE BEARING DISTANCE L1 N 01'12'22" E 496.76' L50 S 04'43'35" E 28.92' L99 N 37'29'31" W 45.72' L148 S 21'37'38" E 34.03' L193 N 88'JO'27' W 20.00' L2 N 8841'45' W 172.08' L51 S 85'16'25" W 23.00' LIOD S 57'45'37" W 35.67' L149 S 25'42'01' E 54.10' L194 S 01'29'33" W 5.92' L3 N 50'54'36" W 18.25' L52 N 04'43'35' W 28.79' LI01 N 36'14'23" W 23.00' LI50 S 5054'36" E 56.82' L195 N 88'30'27' W 62.71' L4 S 39'05'24" W 54.32' L53 S 84'56'15" W 88.69' Ll 02 N 57'45'37' E 35.17' L151 S 88'47'45" E 52.59' L196 S 53'4537' W 12.93' L5 S 51'32'26' E 4.18' L54 N 8YJ7'06" W 70.74' L103 N 3729'31" W 262.12' L152 N 01'12'15" E 22.47' L197 N 36'14'23' W 250.35' L6 S 38'27'34" W 20.00' L55 S 10'49'52° W 221.14' L104 N 81'14'23" W 21.25' L153 S 88'47'45' E 23.00' L198 N 53'45'37' E 25.49' L7 N 51'32'26' W 4.13' L56 S 79'55'25' E 40.01' L105 N 08'45'37' E 23,00' L154 S 01'12'15" W 22.47' L199 N 36'14'23' W 29.14' L8 S 36'41'58' W 23.25' L57 N 10'04'35" E 15.12' L106 S 81'14'23' E 38.36' L155 S 8847'45 E 33.01' L200 N 44'48'42" E 21.06' L9 S 53'18'02' E 30.45' L58 N 3959'50" E 26.67' L107 N 4709'45" W 45.05' L156 N 01'12'15" E 23.55' L201 5 BT18'04' E 132.15' LID S 36'41'58' W 23.00' L59 S 51'00'10" E 23.00' L108 N 4750'15" E 23.00' L157 S 88'47'45" E 23.00' L202 S 02'10'13' W 28.70' L11 N 5518'07 W 30.45' L60 S 38'59'50" W 20.74' L109 S 4709'45' E 49,83' L158 S 01'12'15" W 23.55' L203 S 87'49'47" E 23.00' L12 S 36'41'58' W 6.28' L61 S 1904'35" W 9.19' L110 N 5545'37" E 32.96' L159 S 88'47'45' E 38.62' L204 N 02'10'13' E 28.48' L13 S 07'06'37" W 120.84' L62 S 79'55'25' E 29.02' L111 S 8749'12" E 9.65' LI60 S 01'12'22' W 515.74' L205 S 87'18'04" E 24.33' L14 S 25'54'34' E 11.61' L63 S 21'00'27' E 63.26' L112 N 0712'26" E 27.40' LI61 S 69'05'23" W 44.94' L206 S 83'37'06" E 138.20' L15 S 75'32'53' E 85.62' L64 N 695933" E 4.33' LI 13 S 8750'55' E 23.00' LI62 N 45'54'37" W 93.54' L207 S 06'40'54" W 34.08' L16 N 17'17'58' E 20.92' L65 S 21'00'27' E 20.00' L114 S 0712'26' W 27.41' LI63 N 25'54'34" W 14.80' L208 S BT20'37' E 23.00' 07 S 7742'02" E 82.31' L66 S 665933" W 4.33' Ll 15 S 8749'12" E 156.32' L164 S 7532'53" E 136.42' L209 N 06'40'54' E 34.19' L18 S 13'05'46" E 48.56' L67 S 21'00'27" E 8.59' LI 16 S 8Y20'37' E 54.50' LI65 5 4010'24' E 17.36' L210 S 83'37'06" E 97.94' L19 S 39'07'52' W 15.24' L68 S 21'17'14' W 17.67' LI 17 N 0819'23" E 33,34' L166 S 39'07'52" W 39.16' L211 S 104952' W 221.12' L20 S 5052'08' E 23.55' L69 S 694246" E 28.45' L118 S 8720'37' E 23.00' L167 S 54'13'18" W 52.01' L212 N 88'30'27" W 125.87' L21 S 39'07'52" W 23.00' L70 S 21'17'14" W 23.00' LI19 S 06'39'23' W 33.34' L160 N 3646'42" W 24.35' L213 S 8636'10" W 10.03' L22 N 50'52'08' W 23.55' UI N 66'42'46' W 28.45' L120 S 8320'37" E 168.53' L169 N 4824'29" W 151.16' L23 S 39'07'52" W 23.61' L72 S 21'17'14" W 236.17' L121 N 06'39'23' E 1.28' L170 N 2522'51' W 82.94' L24 S 89'05'23' W 11.92' L73 S 54'13'18' W 57.92' L122 S 83'20'37' E 20.00' L171 N 64'37'09" E 11.07' L25 S 00'54'37' E 14.28' L74 S 3646'42" E 28.47' L123 S 06'39'23' W 1.28' L172 N 2522'51' W 20.00' L26 S 89'05'23' W 20.00' L75 N 54'13'18" E 3.00' L124 S 83'20'37' E 47.02' L173 S 6437'09' W 11.07' L27 N 00'5037" W 14.28' L76 S 35'46'42" E 20.00' L125 N 0516'24' E 34.39' L174 N 25'22'51" W 161.72' L28 S 89'65'23" W 30.61' L77 S 54'13'18" W 3.00' L126 S 84'43'36' E 23.00' L175 N 53'4537" E 5.18' L29 N 4554'37' W 45,13' L78 S 3546'42" E 99.28' L127 S 05'16'24" W 33.34' L176 S 88'30'27" E 75.06 L30 S 44'05'23' W 40.48' L79 N 54'1518" E 29.07' L128 S 84'4558" E 8.63' L177 5 0002'28" E 11.76' L31 N 4654'3" W 23.00' LBO S 35'4642" E 23.00' L129 N 8615'59' E 227.90' L178 N 89'57'32" E 176.44' L32 N 44'05'23' E 40.48' L81 S 54'13'18" W 29.07' L130 N 04'44'01' W 35.52' L179 S 77'43'04' E 87.22' L33 N 45'54'37' W 37.22' L82 S 3546'42" E 179.06' L131 N 85'15'59" E 23.00' L180 S 2745'10" E 62.91' L34 N 25'54'34' W 35.32' L83 N 35'46'42" W 83.97' L132 S 04'44'01' E 29.04' L181 S 22'07'18" W 152.28' L35 N 75'32'53" W 24.61' L84 S 54'11'37" W 10.07' L133 N 85'15'59" E 1657' L182 N 68'42'46' W 27.11' L36 N 0620'01" E 108.59' 185 N 35'48'23" W 42.48' L134 S 04'44'01' E 6.48' L183 S 21'17'14" W 20.00' L37 N 82'53'23" W 29.65' L86 S 54'13'18" W 27.10' L135 N 85'15'59" E 52.55' LI84 S 68'42'46" E 26.82' L38 N 07'06'37' E 23.00' L87 N 35'46'42" W 23.00' L136 S 55'11'25" E 60.05' L185 S 2707'18" W 71.17 139 S 8753'23" E 29.34' L88 N 54'13'18" E 27.09' L137 S 01'12'15" W 24.30' L186 S 675242" E 12.71' ��� L40 N 0620'01' E 21.06' L89 N 35'48'23" W 213.60' L138 S 88'45'36" E 100,44' L187 S 21'17'14" W 16.46' ®Q L41 N 36'00'41" E 113.23' L90 S 54'13'18" W 29.04' L139 S 01'12'22' W 28.73' L188 N 01'29'33" E 30.16' fCRl _ L42 N 23'14'13' W 132.79' L91 N 35'46'42" W 23.00' L140 N 88'47'45' W 99.10' 089 N 8630'27" W 23.00' L43 N 31'05'17" E 30.06' L92 N 54'13'18' E 27.62' L141 S 33'07'I I' W 26.81' L190 S 01'29'33" W 30.16' ✓(` N 71'06'32" W 23.64' L93 N 47'27'39' W 148.98' LI42 S 5652'49" E 32.86' L191 N 88'3027" W 23.52' !B. 701 L45L44 L45 N 1953'28" E 23.00' L94 N 23'12'36' W 73.73' L143 S 33'07'11" W 22.83' L192 N 01'29'33" E 5.92' A /U� L46 S 71'06'32" E 28.62' L95 S 64'37'09' W 29.11' L144 N 5652'49' W 30.33' �,yr >" O 4 L47 N 31'05'17" E 212.79' L96 N 2922'51" W 23.00' LI45 S 33'01'11' W 22.30' '�� P$ OF 1lDV CVS" L48 N 58'46'08" W 73.49' L97 N 64'37'09" E 29.98' L146 N 5652'49' W 2.53' z. - L49 S 84'56'15" W 151.72' L90 N 2312'36' W 166.72' L147 S 33'07'11" W 180.71' J. SC�� CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD ERG CHORD Cl '5.10 62.50 4'40'47' S 79'39'34' W 5,10 C2 23.02 62.50 21'06'01" S 83'1839' W 22.89 SCALE N/A CITY OF MERIDIAN SEWER & WATER EASEMENT SILVER OAKS APARTMENTS LOT 1, BLOCK 2, UMBRIA SUBDIVISION NGINEERING SOLUTIONS DWG -DATE 02/12/15 PROJ. NO. 141105 SHEET 2 OF 2 LOCATED IN THE S 1/2 OF 1029 N. ROSARIO ST., STE. 100 SECTION 10, T.3N., RAW., B.M. MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 Phone (208) 938-0980 Fax (208) 938-0941 141105-FASE.DWG Meridian City Council Meeting DATE: May 19, 2015 ITEM NUMBER: 6G PROJECT NUMBER: ITEM TITLE: Approval of Evergreen Sole Souce Purchase for Trojan UV Lights and related products from DC Frost Associates, Inc. and authorize the Purchasing Manager to issue and sign purchase orders and/or contracts to DC Frost Associates for the above mentioned products. 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 (� > WIE IDIAN�-- 1t-?At3t+ CITY OF MERIDIAN SOLE SOURCE FORM Date: 5-13-2015 PURCHASING AGENT 33 East Broadway Avenue Meridian, ID 83642 Phone: 208-888-4433 Fax: 208-887-4813 Item or Service: UV Bulbs for Trojan UV 3000 X Sole Source: Item is available from only one vendor. Item is one -of -a kind item and is not sold through distributors. Manufacturer is a sole distributor. Refer to instructions on 2"d page for completion. JUSTIFICATION: (Attach additional pages if needed) This purchase is for replacement bulbs for our Trojan UV 3000 system. The UV system is essential in maintaining compliance with the disinfection limits of our NPDES permit. The manufacturer provided a lifetime disinfection guarantee, however to maintain the guarantee the following conditions must be met: • The system must be operated within the prescribed Design Parameters. • The system must be operated and maintained in accordance with the Operation & Maintenance manual, including prescribed regular maintenance. • Only Trojan Approved and Validated replacement parts are used in the system. • Technical field service for your Trojan system is supervised or provided by a Trojan Certified Service Technician. The following statement is contained with the performance guarantee: Should an alternate UV lamp be used on any Trojan system, your Plant shall be deemed out of compliance with regards to: Trojan's Lifetime Disinfection Guarantee; Free 24/7 access to phone Technical Assistance; and Free lamp recycling. Equally important, you also risk voiding peripheral component warranties. The Wastewater Division has used alternate UV lamps on one occasion and had difficulty maintaining proper disinfection of our effluent. The alternate bulbs were replaced with Trojan bulbs, and the disinfection system's performance was immediately restored. A direct replacement is our recommendation as it will allow the disinfection guarantee to remain in full effect. CERTIFICATION: I am aware of the requirements set forth in the City's Purchasing Policy & Procedures Manual for competitive bidding and the established criteria for justification for sole source/sole brand purchasing. I have gathered technical information and have made a concerted effort to review comparable/equal equipment. I hereby certify as to the validity of the information and feel confident that this justification for sole source/sole brand meets the City's criteria and is accurate. Requestor (Pri me) %CC • 'DCs9/n Council Approval Date: / Purchasing Approval: _ Department Manager Signature r Pur0 sing M nager Meridian City Council Meeting DATE: May 19, 2015 ITEM NUMBER: 6H PROJECT NUMBER: ITEM TITLE: Three Corners Subdivision 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 SADA COUNTY RECORDER Christopher D. Rich 2015-043237 BOISE IDAHO Pgs=5 NIKOLA OLSON 05/20/2015 03:05 PM MERIDIAN CITY NO FEE 111111II111111I IIIIIIIIIII 111111 II1111111II III III 00100136201600432370050052 WATER MAIN EASEMENT iq THIS INDENTURE, made this 44-- day of . ,. , 201.5 between` the parties of the first part, and hereinafter calle GRANTORS, and the City of Meridi ,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 undertalcing 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. Address STATE OF IDAHO ) : ss. County of Ada ) On this /Lfh day of /A /Jy 20/6 before me, the undersigned, a Notary Public in and for said State, personally appeared �tL)Avi/3T,L)otoj and 1=i, Okul NCC( , 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 hereunto set my hand and affixed my official seal the day an, jimr.91st above written. "°�'$� ~ '''Pfd, •,; NOTARY PUBLIC FOR IDAHO �•— Residing at:[� pUBL1G Commission Expires: 3-/-.2v/:Z EASMT WAT 11-15-13.doc GRANTEE: CITY OF MERIDIAN (:f -cc n . CZE CO unci I -t ddi 6(i,ct,-, 1,a .a,,L .t. L. Holman, City Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) On this [Ok— day of U 0�j-, 20ll � , before me, the undersigned, a Notary Public in and for said State, personally appeared �� and Jaycee L. Holman, known to me to be the �1� td Crilry Jerk, respectiv'lI , o �iry of Meridian, Idaho, and who executed the wz ms e , and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. �; pT R$ p (SEAWt. $ S NOT AR PLIBLIC FO • Residing at: M, QAC a t o -n l t�j 0. Commission Expires: 1a rt •.'�PE -0- Water Main Easement EASMT WAT 11-15-13.doc Sawtooth Land Surveying, LLC P: (208) 398-8104 F: (208) 398-8105 2030 5. Wa5hmgton Ave., Emmett, ID 83G 17 EXHIBIT A May 4, 2015 Three Corners Subdivision No. 3 City of Meridian Water Easement A parcel of land located in the NW1/4 of the NW1/4 of Section 29, T. 4 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a found brass cap marking the northwest corner of said Section 29; Thence South 89026'41" East, coincident with the north line of said NW1/4 of the NW1/4 of Section 29, a distance of 1002.58 feet; Thence South 0034'24" West, parallel with the east line of said NW1/4 of the NW1/4 of Section 29, a distance of 270.08 feet to the POINT OF BEGINNING; Thence South 89025'36" East, 118.50 feet to the beginning of a non -tangent curve; Thence 20.54 feet along the arc of said curve to the left, with a central angle of 23018'11 ", a radius of 50.50 feet, subtended by a chord bearing South 10045'45" East, 20.40 feet; Thence North 89025'36" West, 122.51 feet; Thence North 0034'24" East, parallel with said east line of the NW1/4 of the NW1/4 of Section 29, a distance of 20.00 feet to the POINT OF BEGINNING. The above described parcel contains 2396 square feet more or less. Together with and subject to covenants, easements and restriction of record. End Description P:\2015\15005 -ROCK SOLID -THREE CORNERS 30rawings\Descriptions\3 CORNERS 3 CITY OF MERIDIAN WATER EASEMENT.docx Page 11 EXHIBIT B 19 20 E. CHINDEN BLVD. S 89'26'41' E 1002.58' 30 29 co O 0 r N Fq N M O U) W 2R S 89'25'36" E cci o a 118.50' M O PR r� J o N N 89'25'36" W z 122.51' 30 W Z p' CURVE TABLE OCjAL. LA CURVE I ARC LENGTH 1 DELTA ANGLE 1 RADIUS I CHORD BEARING I CHORD LENGTH 4�yy�. \GENS Q C29 20,54 23'1011 50.50' S 10'45'45" E 2D.40' 9 zo OF1D P c�9L Povil NTS PROJECT.' OWNEWDEVELOPER; 2030 S. WASHINGTON AVE, DWG # THREE CORNERS SUB. 3 SWEET LAND DEV, EMMETT, 1D 83617 15005 EX CITY OF MERIDIAN P. (208)398-8104 PROJECT# WATER EASEMENT Awroorr/ F.-(208)398-8105 15005 SHEET DATE. 4116 3 WWW..SAWT'OOTHLS.COM 101`1 Meridian City Council Meeting DATE: May 19, 2015 ITEM NUMBER: 61 PROJECT NUMBER: ITEM TITLE: Approval of Award of Bid and Agreement with LAWN, Co. for the "WWTP FRONTAGE IMPROVEMENTS - LANDSCAPING CONTRUCTION" Project for a Not -To -Exceed Amount of $99,939.07 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 CONTRACT/AGENDA REQUEST CHECKLIST Date: 5/1/2015 REQUESTING DEPARTMENT PUBLIC WORKS Fund: 60 Department: 3590 GL Account: 92100 Project# 10430.D Construction: X PSA: Task Order: Project Name: WWTP FRONTAGE IMPROVMENTS - LANDSCAPE IMPROVEMENTS Project Manager: David Allison Department Representative: n/a Contractor/Consultant/Design Engineer: Budget Available (Attach Report): Will the project cross fiscal years? Lawn Co. Yes Contract Amount: $99,939.07 Yes No X Budget Information: FY Budget: 15 Enhancement 4: Grant#: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder X Highest Rated (Bid Results Attached) (Ratings Attached) Typical Award Yes X No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: PW License# PWC -C-10056 Corporation Status No Current? (attach print out) Goodstanding Insurance Certificates Received (Date): May 7, 2015 Payment and Performance Bonds Received (Date): Builders Risk Ins. Req'd: Yes No X (Only applicabale for projects above $1,000,000( Master Agreement (Category) Date Award Posted: April 30, 2015 Yes Rating: A May 7, 2015 Rating: A If yes, has policy been purchased? n/a Date Submitted to Clerk for Agenda: May 11, 2015 Approved by Council Issue Purchase Order No. Date Issued: WI -15 submitted May 11. 2015 Issue Notice of Award: Date: NTP Date: (Only for non Public Works Project) Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, David Allison Date: 5/11/2015 Re: May 19`h City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the May 19th City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to LAWN. Co. for the ' W TP FRONTAGE IMPROVEMENTS — LANDSCAPING CONTRUCTION" project for a Not -To -Exceed amount of $99,939.07. Recommended Council Action: Award of Bid and Approval of Agreement to LAWN Co. for the Not -To -Exceed amount of $99,939.07. Thank you for your consideration 0 Page 1 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WWTP FRONTAGE IMPROVEMENTS — LANDSCAPE CONSTRUCTION PROJECT # 10430.D THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 19th day of May, 2015, 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 Lawn Co., hereinafter referred to as "CONTRACTOR", whose business address is 2581 Wildwood, Boise. ID 83713 and whose Public Works Contractor License # is C-10056. INTRODUCTION Whereas, the City has a need for services involving WWTP FRONTAGE IMPROVEMENTS - LANDSCAPE CONSTRUCTION; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor WWTP FRONTAGE IMPROVEMENTS — LANDSCAPE CONSTRUCTION page 1 of 11 Project10430.D represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $99,939.07. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to 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 benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. WWTP FRONTAGE IMPROVEMENTS — LANDSCAPE CONSTRUCTION page 2 of 11 Project 10430.D 3.3 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. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Substantial Completion shall be accomplished within 50 (fifty) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) 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. Upon receipt of a Notice to Proceed, the Contractor shall have 60(sixty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) 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. 4. Termination: 4.1 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. 4.2 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 W WTP FRONTAGE IMPROVEMENTS — LANDSCAPE CONSTRUCTION page 3 of 11 Project 10430.1) CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for W WTP FRONTAGE IMPROVEMENTS— LANDSCAPE CONSTRUCTION page 4 of 11 Project 10430.13 damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds. Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 8. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. W WTP FRONTAGE IMPROVEMENTS — LANDSCAPE CONSTRUCTION page 5 of 11 Project 10430.13 All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 9. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: hftp://www.meridiancity.oro/environmental.asi)x?id=l 3618. 10. 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 City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, ID 83642 208-888-4433 LAWN Co. Attn: Thad Cork 2581 Wildwood Boise, ID 83713 Phone: 208-323-0234 Email: thad@iawnco.net 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. 11. 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. 12. 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. 13. 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. W WTP FRONTAGE IMPROVEMENTS— LANDSCAPE CONSTRUCTION page 6 of 11 Project 10430.1) 14. 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. 15. Reports and Information: 15.1 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. 15.2 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. 16. 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. 17. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 18. 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. 19. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 20. 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 W WTP FRONTAGE IMPROVEMENTS — LANDSCAPE CONSTRUCTION page 7 of 11 Project 10430.D and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 21. 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. 22. 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. 23. 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. 24. 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. 25. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 26. 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 constitute a complete waiver of any and all claims for damages caused by any such release. 27. 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. 28. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. W WTP FRONTAGE IMPROVEMENTS — LANDSCAPE CONSTRUCTION page 8 of 11 Project 10430.D CITY OF MERIDIAN BY: GCC_n , CY— TTF! Approved by Council-, Purchasing Approval °�, SEAL / fq °�6e TPEps�0.t BY: KEITH -WATTS, Purchning9anager Dated:: ! / 11 - Project Manager David Allison, Staff Engineer II LAWN CO BY: THAD<ORK Dated: �G llS Dated:: 5/r�i S WWTP FRONTAGE IMPROVEMENTS—LANDSCAPE CONSTRUCTION page 9 of 11 Project 10430.1) Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -15-10430.D ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -15-10430.1), are by this reference made a part hereof. W WTP FRONTAGE IMPROVEMENTS — LANDSCAPE CONSTRUCTION page 10 of 11 Project 10430.13 Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $99,939.07. Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. W WTP FRONTAGE IMPROVEMENTS - LANDSCAPE CONSTRUCTION page 11 of 11 Project 10430.1) MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 50 (Fifty) days Milestone 2 Final Completion 60 (Sixty) days PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WWTP Frontage Improvements — Landscape Construction per IFB PW -15-10430.D CONTRACT TOTAL ....................... CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED BY CITY. Bid Schedule Item No. Description Quantity Unit Price 1001.4.2.A.1 ­Unit Staging Area 1 EA $2,200.00 1003.4.1.C.1 Silt Fence 1,280 LF $2.65 1006.4.1.C.1 Inlet Protection 2 EA $100.00 2010.4.1.A.1 Mobilization 1 LS $4,000.00 2030.4.1.A.1. Adjust Manhole to Grade and Replace i EA Concrete Collar $1,175.00 SP -1 Electrical Junction Box 2 EA $600.00 SP -2 Electrical Conduit 306 LF $10.55 - SSP -1 Landscape Gradin 1 LS $2,450.00 SSP -2 Landscape Irrigation 19,632 SF $0.97 SSP -3 Landscape Plants 1 EA $15,430.00 SSP -4 Landscape Turf and Grasses 5,300 SF $0.44 - LS -1 Cobble in Swales / Boulders 1 LS $20,585.00 LS -2 Concrete Edging 821 LF $3.45 LS -3 Steel Edging 776 LF $3.70 LS -4 I Entrance Sin 1 EA $19,000.00 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. W WTP FRONTAGE IMPROVEMENTS - LANDSCAPE CONSTRUCTION page 11 of 11 Project 10430.1) IA Document A312TM .2010 Payment Bond CONTRACTOR: (Name, legal stales and address) Lawn Co. 2581 Wildwood Boise ID 83713 OWNER: (Name, legal status and address) City of Meridian Purchasing Manager 33 E. Broadway Ave., Meridian ID 83642 CONSTRUCTION CONTRACT Date: May 20, 2015 SURETY: (Name, legal slatnls and principal place of business) Developers Surety & Indemnity Company 17771 Cowan, Ste 100 Irvine CA 92615 Amount: $99,939.07 Ninety Nine Thousand Nine Hundred Thirty Nine dollars & Seven Cents Description: (Name and location) W WTP Frontage Improvements - Landscape Construction, Meridian ID. BOND Date: May 20, 2015 (Nol earlier than Construction Contract Date) Amount: $99,939.07 Ninety Nine Thousand Nine Hundred Thirty Nine dollars & Seven Cents Modiflcotions to this Bond: 11 None ❑ See Section 18 Bond #756976P This document has Important legal consequences. Consultation with an etiomey la encouraged with respect to Its complellon or motll0callon. Any singular reference to Contractor. Surety, (Tuner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, Into one form. This Is not a single combined Performance and Payment Bond, CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signatur Signature: (� Name Name A ttome4MIyak and Title: and Title: Attorney -in -F (Any addlitmml signamr appear mr life last page of this Payment Bon1 (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or otherpariyj Init. AIA aocuon.MA312o'-2010. The Amedcan hediute ofArchlteala. ou„o POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-33DO KNOWALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint "'Steven J, Roach, Eric Battey, Tracy Miyake, Tracy Taylor, Jill Osborne, jointly or severally"' a their We and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as surelies, bonds, undertakings and contracts of surety- ship giving and granting unto saidAtiomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of soldAtomey(s)4n-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and U signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President a any vice President of the corporations be, and that each of them hereby Is, authorized to execute this Power olAgomey, qualifying the attaney(s) named in the Power of Aftemay to execute. on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary a any Assistant Secretary of either of the corporagons be, and each of them hereby is, authorized to attend the execution of any such Power of Attorney, RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney a cedificale bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severalty caused these presents to be signed by their respective officers and attesled by their respective Secretary a Assistant Secretary Ns May 23, 2013. By. Daniel Vice-Presldenf ,a,,p0{V„AND /%'CF h OMP ANY O� 9 J. POR"'^ G PO ..N"',yes OP CP 3W t.o OOT F:1 �.B z`=00CT.5 09— ne g O Byregg N.0 ice -President ojlt 1936 /Af O 1987 •ioQP •. roWP.'•'�Dr+' ti OgCIFOP�`P a` Stele of California Canty of Orange On May 23, 2013 before me, Gina L Gama Notary Public Date Here Insert Name and Toe of the Officer personally appeared Daniel Young and Gregg N. Okura Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Islare subscribed to _ the wilhin instrument and acknowledged to me that helshelfhey executed the same in hismerMeir authorized capadly(ies), and that by hiAerAhelr signature(s) on the instrument the person(s), or the entity upon behalf of GIN AL.GARNERwhichthe person(s)acted, executed the instrument COMM, 4 20212 13 NOTARY PUBLIC CALIFORNIA I tartly under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is OR4N3E COIIi true and correct. M oomm.= Nfly 15, 2017 .. .. WITNESS my hand and official seal. Place Notary Seal Above Signahue Gina L. Gamer, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains In NII face and has not been revoked and, lurthemnore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth In the Power of Attorney are in face as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this0A day of /�{� �D�. By: �� _ / Mark J. Lansdon, Assistant Secretary ID-1380(Rev.05113) § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to lite following terms. § 2 if the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 31f there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shal I promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 if a notice of non-payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: , § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. Intl. AIA Document A312--2010. The Amedcan Institute of Amhltects. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the dale received. § 14 When this Bond has been famished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly famish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment famished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment' that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Init. AIA Document A312- —2010. The Amedean Institute § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 171f this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the terns Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows (Space is provided below for additional signatures of added parties, of CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Address Signature: Name and Title: Address (Corporate Seal) CAUTION: You should sign an original AIA Contract Document, on which this text appears In RED. An original assures that changes will not be obscured. Inst. AIA Document A312e —2010. Thu American Institute of Architects. m AIA Document A312TM .2010 Performance Bond CONTRACTOR: (Movie, legal status and address) Lawn Co. 2581 Wildwood Boise ID 83713 OWNER: (Nance, legal status and address) City of Meridian Purchasing Manager 33 E. Broadway Ave., Meridian ID 63642 CONSTRUCTION CONTRACT Date: May 20, 2015 SURETY: (Nmne, legal starus and princlpal place of business) Developers Surety & Indemnity Company 17771 Cowan, Ste 100 Irvine CA 92615 Amount: $99,939.07 Ninety Nine Thousand Nine Hundred Thirty Nine dollars & Seven Cents Description: (Name and location) W WfP Frontage Improvements - Landscape Construction, Meridian ID. BOND Date: May 20, 2015 (Not earlier than Constniclion Contract Date) Amount: $99,939.07 , Ninety Nine Thousand Nine Hundred Thirty Nine dollars & Seven Cents Modifications to this Bond: ❑ None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) SignaNre• A Signature; Name Name racy Mi ke and Title: and Title: AUomey-in-Fact (Airy additional signarifrefappear on the last page of this Performance Bond) (FOR INFORMATION ONLY—Name. address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or otherparty,) Band # 756976P This document hes Important legal consequences. Consultation with an attorney Is encauraged with respect to its completion or modficallon. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, Into one form. This Is not a single combined Performance and Payment Bond Init. AIA Document A312-- 2010. The American lnstihee of Archaaca. turbo i POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA92623 (949) 263.3399 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint `Steven J. Roach, Eric Battey, Tracy Miyake, Tracy Taylor, Jill Osborne, Jointly or severally as their true and lawful Allomey(s)-in-Fol, 10 make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto saidAtomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of saidAttomey(s)-In-Fact pursuant to these presents, are hereby ratified and confirmed, This Power ofAttomey is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President Executive Vice -President, Senior Vice -President or any Vice President of the carporalions be, and that each of them hereby is, authorized to execute this Power of Adomey qualifying the ettomey(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of then hereby is, authorized to atest the execution of any such Power of Attorney, RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by fecamle, and any such Power ufAtomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached, IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to he signed by their respective officers and chested by their respective Secretary crAssisfanl Secretary this May 23, 2013. By: o"N .AND,/,",, , PANVO Daniel Young, Senicr Vice-president•* %S .•' µPOR4" F4_N 6 PPOR c =rc5 OCT. 1 3 z ? OCT.5 �� r By r g 6( 10 -10 is W 1907 regg N.0 ¢rPresid,4 enl 5�j�; 1 93 0 f 5 O2 ss 9gO', ,vO .... aDi 2 c'P<rFOPN\P a� State of California .,n„ *Dorso". County of Orange On May 23.2013 before me, Gina L. Gamer Notary Public Date Here Insert Name and Title of be Officer personally appeared Danial Yana and Gregg N Okum Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Were subscribed to the within Instrument and acknowledged to me that helsherthey executed the same in hisfnerAheir authorized apacity(ies), and that by hiAerltheir signature(s) on the instrument the person(s), or the entity upon behalf of GINAL.GARNER which the person(s)acted, executed the instrument COMM. W 2021213 Nor OMMECQUIVY, ,,,. MY arrrnL 1& $D17 Place Notary Seal Above I cenlfy under PENALTY OF PERJURY under the laws of the Slate of California that the foregoing paragraph Is We and correcl. WITNESS my hand and official seal. Anj�r / �i _ K iifld �/�, Gina L Gamer, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secrelary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby ceNly that the foregoing Power of Attorney remains In MI force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporators set forth in the Power of Attorney are in force as of the dale of this Certificate. This Certificate is executed in the City of Irvine, California, this 26 day of By: r�W� Mark J. Lansdon, Assistant Secretary ID-1380(Rev.05113) § I The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 21f the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 31f there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within tett (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. [nit. AIA Document A312--2010. The American lnslllule of Amhitecls. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 9 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in thejurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been famished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definition& § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 151f this Bond is issued for an agreement between a Contractor and subcontractor, the tens Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Init. AIA Document A312T —2010. The American Ine0tule ofAmhltecls. § 16 Modifications to this bond are as follows: (Space is provided belowjor additional signatures ojadded parties, at. CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Address Signature: Name and Title: Address (Corporate Seal) CAUTION: You should sign an original AIA Contract Document, on which this text appears In RED. An original assures that changes will not be obscured. Inst. AIA Document A312TM - 2010. The Amencen Inslllule of Amhllecls. Cllentll: 1126161 LAWNCO ACORD. CERTIFICATE OF LIABILITY INSURANCEDATE(MMR)DNYYY) 610412015 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER USI Idaho, Kibble & Prentice 3295 Elder Street, ate 209 Boise, ID 83705 NAONTACT ME: Tracy Miyake �oNE 208 917-5885 866-613.3129 EAI. ac Na: E-MAIL ADDRESS: traey.mlyake@usl.biz INSURER(S) AFFORDING COVERAGE NAICa 003175421 INSURER A: Liberty Northwest Insurance Cor 41939 INSURED Lawn Co. 2581 Wildwood St. INSURER 9: National Union Fire Ins Pittsbu 19445 IxsuREae: Alaska National Insurance Compo 38733 MEG EXP IAq one person $5000 Boise, ID 83713 INSURER O: _ GENERAL AGGREGATE 52,000,000 INSURER E: NSURER F: PRODUCTS-COMP/OP AEG 52,000,000 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR L TYPE OF INSURANCE DDL g UBR POLICY NUMBER POLICYEFF MINDp POLCYE MMIDD LIMITS A GENERALLMBILITY X COMMERCIAL GENERAL LIABILITY CLAIM^sMADE Fy OCCUR X X 003175421 5/01/2015 05101/201C S7 000 000 pEAACCHHOOECCCURRENCE PREMISES EReoaTurrence 5100000 MEG EXP IAq one person $5000 PERSONAL a ADV INJURY $1,000000 _ GENERAL AGGREGATE 52,000,000 GENI.AGGREGATE POLICY LIMIT APPLIES PER-, X jE� LOC PRODUCTS-COMP/OP AEG 52,000,000 S A AUTOMOBILE X X LIABILITY ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS HIREDAUTOS X NONOWNED AUTOS X X 003175421 5/01/2015 05101/201C FOMBINEGId.SINGLELIMR g1r000,999 BODILY INJURY (Par person) S BODILY INJURY (Par ea ) idenl $ PROPERTYg Per eccldenl 5 B X UMBRELLA UAB EXCESS LUIB X OW CLAIMS -MADE EBU063176491 D510112015 0510112016 EACH OCCURRENCE s2.000.000 AGGREGATE s2,000,000 DED X RETENTIONSO $ C WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETORIPARTNEWEXECUTIVEYIN OFFICERJMEMBER EXCLUDED? � (Mpandalory In NH] DESCRIPTsc10 OF OPERATIONS below NIA X 15DWSO4604 040112015 04/011201 X MEET= oTn- E1. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE S1 000000 E.L. DISEASE -POLICY LIMIT $7,000000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AHaeh ACORD 101, Addleonal Ressarhe acheduls, Scram space Is required) Project: W WTP Frontage Improvements - Landscape Construction. City of Meridian is additional Insured. Insurance Is Primary and Non Contributory. City of Meridian SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 33 East Broadway Ave. ACCORDANCE WITH THE POLICY PROVISIONS. Meridian, ID 83642 AUTHORIZED REPRESENTATIVE S. ®1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD N815037544/M14972273 TJMJV e'IRAKi f Page 1 of 1 Home I SeWpea Account I Login BOp12CIOf V Use/name PazsµWe LOGIN ❑REMEMBERME Fogol Password Permits Apply Public Works Search l-) Search Again Download Results Printable View Search Pay Fees 1 il- Licenses Lawn Co PWC -C-10056 02900, 02935, 18700, 02810, 01570, 02232 4 AA The Culling Edge lawn Company PW6C-17546 02810 02900, 02935, 02937, 18700, 029104 B Search Trade Licenses Search Public Worhs - -, --: --- Inspections Schedule Firs [Pre Page l of 1 _NexS iLas�j cancel Details -License Number: PWC -C-10056 - — - - - - - - - -i Elevators Search Elevators !Lie Info Eees $1,508.34 Violations Search Registration If: PWC -610056 Shopping Cart Pay All Fees Issue: 4/15/2015 Contact Expire: 4/30/2016 Cabinet us Type: PUBLIC WORKS i Sub -Type: AA Status: ACTIVE Company: Lawn Co. Phone: (208) 323-0234 �'.. Cell: (208)866-4493 Pager. Fax: (208) 3230240 Owner Name: The Division of BnOdmg Safaly, makes every eeod to Produce antl publish the most current and actuate in[ ormetlon possible. No warranties, expressed or implied, ore Pmvld1d for Iha dala herein. 0s use, or its Tongue Wilon. Linaza0un of if website indicates urMerslandin0 and acceptance of this statement. 1-800.955 3044,1090 E Wateaewer SI, Suae 150 Meridian IB M42 HOME I CONTACT https://web.dbs.idaho.gov/eTRAKiT3/Custom/Idaho PublicWorksSearebRslts.aspx 4/30/2015 IDSOS Viewing Business Entity Page 1 of 2 IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for LAWN CO. ] [ Monitor LAWN CO. business filings ] LAWN CO. 2581 WILDWOOD STREET BOISE, ID 83713 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING 11 Jan 1994 State of Origin: IDAHO Date of 11 Jan 1994 Origination/Authorization: Report for year 2011 ANNUAL REPORT Current Registered Agent: DANIEL RITCHIE View Document Online 2581 WILDWOOD STREET BOISE, ID 83713 Organizational ID / Filing C104763 Number: Number of Authorized Stock 1000 Shares: Date of Last Annual Report: 14 Nov 2014 Annual Report Due: Jan 2016 Original Filing: [ Help Me Print/View TIFF ] Filed 11 Jan 1994 INCORPORATION View Image (PDF format) View Image (TIFF format) Amendments: [ Help Me Print/View TIFF ] Amendment Filed 15 Apr NAME View Image (PDF format) View 2009 CHANGED TO Image (TIFF format) LAWN CO. Annual Reports: [ Help Me Print/View TIFF ] Report for year 2015 ANNUAL REPORT View Document Online Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 ANNUAL View Image (PDF format) View REPORT Imaae (TIFF format) Report for year 2009 ANNUAL REPORT View Document Online http://www.accessidaho.org/public/sos/corp/CI04763.html 4/30/2015 IDSOS Viewing Business Entity Report for year 2008 ANNUAL REPORT Report for year 2007 ANNUAL REPORT Report for year 2006 ANNUAL REPORT Report for year 2005 ANNUAL REPORT Report for year 2004 ANNUAL REPORT Report for year 2002 ANNUAL REPORT Report for year 2002 CHNG RA/RO Report for year 2002 ANNUAL REPORT Report for year 2000 ANNUAL REPORT Report for year 1999 ANNUAL REPORT Report for year 1998 ANNUAL REPORT Page 2 of 2 View Image (PDF format) View Report for year 1997 Imaoe (TIFF format) View Image (PDF format) View REPORT Image (TIFF format) View Image (PDF format) View View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Report for year 1996 Image (TIFF format) View Image (PDF format) View View Image (TIFF format) Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View UNDELIVERABLE Image (TIFF format) View Image (PDF format) View View Image (TIFF format) Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) Report for year 1997 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1996 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1996 MISCELLANEOUS View Image (PDF format) View Image (TIFF format) Report for year 1995 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1995 UNDELIVERABLE View Image (PDF format) View Image (TIFF format) Report for year 1994 ANNUAL View Imaae (PDF format) View REPORT Image (TIFF format) Idaho Secretary of State's Main Page State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo@ sos.idaho.gov http://www.accessidaho.org/public/sos/corp/C104763.html 4/30/2015 �k n N F- J W w o ¢- City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In Report 3590 - WWTP Construction Projects 60 - Enterprise Fund From 10/1/2014 Through 9/30/2015 Date: 5/11/15 10:49:51 M Page: 1 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 92100 WWTP - Bldg improvements 10045 Primary 1/2 Fermentation 202,745.64 0.00 202,745.64 100.00% 10045.a WWTP Fermentation & Odor 0.00 30,626.00 (30,626.00) 0.00% Control Ph 1 Construction 10163 Wastewater Facility 94,405.36 0.00 94,405.36 100.003 Maintenance Shop 10430 WWTP Frontage Improvements 166,601.41 1,537.00 165,064.41 99.08& 10430.b WWTP Frontage Improvements 0.00 4,274.37 (4,274.37) 0.00& - Entrance Design 1043... WWTP Entrance Improvements 0.00 119,305.34 (119,305.34) 0.003 - Construction 10430.c WWTP Frontage Improvements 0.00 9,892.69 (9,892.69) 0.003 - Phase 2 1043... Creason Lateral 0.00 295.24 (295.24) 0.003 Improvements 10454 WWTP Road Repair and 340,046.39 310,492.85 29,553.54 8.693 Asphalt & Stormwater Retention 1045... WWTP Storm Drainage 0.00 9,682.15 (9,682.15) 0.003 Improvements - Design 1045... WWTP Paving & Grading 0.00 3,036.25 (3,036.25) 0.00% Improvements Design 10507.c WWTP Safety Upgrades - 30,000.00 28,637.00 1,363.00 4.543 Safety Equipment 10507.d WWTP Safety Upgrades - 15,000.00 735.00 14,265.00 95.103 Electrical Total Capital Outlay 848,798.80 518,513.89 330,284.91 38.913 TOTAL EXPENDITURES 848,798.80 518,513.89 330,284.91 38.913 Date: 5/11/15 10:49:51 M Page: 1 Meridian City Council Meeting DATE: May 19, 2015 ITEM NUMBER: 6J PROJECT NUMBER: ITEM TITLE: United Heritage Water Easement MEETING NOTES Applall p 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 2015-043238 BOISE IDAHO Pgs=6 NIKOLA OLSON 05/20/2015 03:05 PM MERIDIAN CITY NO FEE 1111111111111111111111111111111111111111111111111 00100137201600432380060066 WATER MAIN EASEMENT rA"!$- THIS INDENTURE, made this J!�diay of%—i{}–, 2015 between United Heritage Life Insurance Company, an Idaho Corporation, the parties of We 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; klyme R63 -m -H 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: Aaaress STATE OF IDAHO ) : ss. County of Ada ) On this 1` day of MAV 2015, before me, the undersigned, a Notary Public in and for said Slate, personally appeared Dennis L. Johnson and Marjorie A. Hopkins , 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. REOF, I have hereunto set my hand and affixed my official seal the day written. LIC NOTARY PUBLIC MRIDi-H0 97N �0�.•`' Residing at: o �F 690;01`•• Commission Expires: 0A Water Main Easement EASMT WAT 11-15-13.doc GRANTEE: CITY OF MERIDIAN 9. o, City or Attest b�-4aycee L. Holman, City Clerk ':— ' " —' EAL Approved By City Council On: s y /dr 1AEd4�R� STATE OF IDAHO, ) : ss County of Ada ) On this I `k day of 120 before me, the undersigned, a Notary Public in and for said Stat', personally appeared<a:e�ee�a and Jaycee L. Holman, known to me to be thW4or and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL��AjtNL�'S•�. NOTAY PUBLIC AHO Residing at: J.Qevtdtar. lam_ Commission Expires: • '• I�791'ti ,�4: Q•Sj9,.E O.O. Water Main Easement EASMT WAT 11-15-13.doc kin 9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.6939 1 FAX 208.639.6930 April 16, 2014 United Heritage Life Insurance Co. Project No. 13-115 Legal Description City of Meridian Water Easement 4:1:11:311/" A 20.00 foot wide easement for the purpose of construction, access and maintenance of a water main over a portion of Lot 18, Block 4 of Central Valley Corporate Park No. 6 (a subdivision on file in Book 76, Pages 7,960-7,964, records of Ada County, Idaho), further situated in a portion of the Northeast 1/4 of the Southwest 1/4 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a point being the Northeast corner of said Lot 18, Block 4 of Central Valley Corporate Park No. 6; Thence following the northerly boundary of said Lot 18, N89°58'19"W a distance of 41.99 feet to a point on the westerly line of an existing 32.00 foot wide sanitary sewer and domestic water easement per instrument number 8676011; Thence continuing along said westerly line, S00°01'39"W a distance of 46.97 feet to the POINT OF BEGINNING. Thence S00°01'39"W a distance of 20.00 feet to a point; Thence leaving said westerly line, N89°58'21"W a distance of 91.73 feet to a point; Thence N44°58'21"W a distance of 8.94 feet to a point; Thence N89°58'21"W a distance of 21.15 feet to a point; Thence S45°01'39"W a distance of 14.80 feet to a point; Thence N44°58'21"W a distance of 20.00 feet to a point; Thence N45°01'39"E a distance of 23.08 feet to a point; Thence 589°58'21"E a distance of 37.72 feet to a point; Thence S44°58'21"E a distance of 8.94 feet to a point; Thence S89°58'21"E a distance of 83.45 feet to the POINT OF BEGINNING. Said parcels contain a total of 2,898 square feet more or less, and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. Ac•y g ,12459 OF ENGINEERS I SURVEYORS I PLANNERS 0 km ENGINEERS. SURVEYORS. PLANNER! 9233 WEST STATE STREET BOISE, IDAHO 83716 PHONE (208) 639-6939 FAX(208)639-6930 DATE: 4-8-2014 PROJECT: 13 in SHEET: 1 OF 1 1 Z m J ? ZP nmoz cR Nm o C 7 m-0 mo O N W J r z C = uA,' q Do° rn ` Z o 00 .p WIA 01 Cn 0) O C j c o C f b u N 0 omm I Nm �1 r N L -3v Dm I o 0. Qrrl u) S,2x j'D --j vA AN I � I z A9.N ,cl �I Iwm�mzz� o ?N SI 0IN�� �o� N "DI o l m 14 0 z I -- ° w c'!II —_—_-----�_--_— 0 00'01'39W._ 46.— 7z ----- AI� b _ 0 o• - -U0zv Ammo o m xnnEj m o�Zo0 z z m�o z 0 �Om Kmn m Oma r MO ti O � �A EXHIBIT B UNITED HERITAGE CITY OF MERIDIAN WATER EASEMENT A PORTION OF LOT 18, BLK 4 OF CENTRAL VALLEY CORPORATE PARK No. 6 Title: I Scale: 1 inch = 20 feet I File: Date: 04-16-2014 Tract 1: 0.067 Acres: 2898 Sy Feet: Closure = n41.5129w 0.00 Feet: Precision =1/81297: Perimeter = 330 Feet 001=s00.0139w20.00 005=s45.0139w 14.80 009=s44.582Ie 8.94 002=n89.5821 w 91.73 006=n44.5821 w 20.00 010=s89.5821 e 83.45 003=n44.5821w 8.94 007= 45.0139e 23.08 004=n89.5821w 21.15 008=s89.5821e 37.72 Meridian City Council Meeting DATE: May 19, 2015 ITEM NUMBER: 6K PROJECT NUMBER: ITEM TITLE: Memorandum of Agreement for Contribution to Main St. and Fairview Avenue Public Art Project by Meridian Development Corporation in the amount of $40,000.00 MEETING NOTES APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO MAIN STREET AND FAIRVIEW AVENUE PUBLIC ART PROJECT This MEMORANDUM OF AGREEMENT FOR CONTRIBUTION T MAIN STREET AND FAIRVIEW AVENUE PUBLIC ART PROJECT ("Agreement") is made this TQ day of`J rAr2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City'), and Meridian Development Corporation, an urban renewal agency organized under the laws of the State of Idaho ("MDC"). WHEREAS, City and MDC desire that public art will be a component of the Meridian community and to that end, wishes to install one (1) permanent public artwork at the southeast corner of the intersection of Main Street and Fairview Avenue ("Project"), with permission from the property owner Ada County Highway District ("ACHD"), as a benefit to the public; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. CITY'S RESPONSIBILITIES. A. Project installation. Between October 1, 2015 and September 30, 2016, City agrees to invest MDC's contribution in services, materials, and equipment related to design, engineering, and installation of the Project. The selection of staff and/or vendors for Project shall be made by City. B. Selection of art. City shall include MDC in the process of selecting or artwork for the Project. With regard to decisions related to selection of artist(s), artwork, or specific installation specifications, City shall duly consider MDC input and shall make a reasonable effort to come to consensus; however, City shall be responsible for the final decision regarding selection of artists, artwork, or specific installation locations. C. Acknowledgment of contribution. If City decides to acknowledge contributors to the Project, City shall acknowledge MDC. D. Invoice MDC. City shall remit to MDC one (1) invoice for MDC's contribution to the Project, in a total amount not to exceed forty thousand dollars ($40,000.00). 1I. MDC's RESPONSIBILITIES. A. Reimbursement. Within thirty (30) days of receipt of each of City's invoices, MDC shall provide payment to City in the amount of such invoice, in a total amount not to exceed forty thousand dollars ($40,000.00). B. Appropriation. Notwithstanding anything in this Agreement to the contrary, MDC's obligations under this Agreement to provide payment to City as described herein shall be subject to and dependent upon appropriations being made by the MDC governing board for such purpose. The officer or administrator charged with the responsibility of preparing MDC's Fiscal Year 2016 budget shall include in the proposed budget the amount noted herein, which will be duly considered by the Board along with the other proposed expenditures for Fiscal Year 2016. MEMORANDUM OF AGREEMENT FOR MDC's MAIN & FAIRVIEw PUBLIC ART PROJECT CONTRIBUTION PAGE 1 OF 2 III. GENERAL TERMS. A. Term. This Agreement begins immediately upon execution and shall remain in effect through September 30, 2016. B. Notice. Notice required to be provided by either of the parties under this Agreement shall be in writing and be deemed communicated when mailed by United States Mail, addressed as follows: City: City of Meridian MDC: Meridian Development Corporation City Attorney's Office Ashley Squyres, Administrator 33 E. Broadway Avenue 33 E. Broadway Avenue Meridian ID 83642 Meridian ID 83642 Either party may change its address for the purpose of this paragraph by giving formal notice of such change to the other in the manner herein provided. C. Entire agreement; modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. D. Termination. Either party may terminate this Agreement in whole, or in part, due to convenience, nonappropriation, or when either or both parties agree that the continuation of the project is not in the parties' best interest, by providing thirty (30) days written notice. If MDC is the terminating party, City shall be entitled to receive reimbursement for payments made toward completion of Project as of the date of termination. E. 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. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. F. Applicable Law. The Agreement shall be governed by the laws of the State of Idaho and jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District, Ada County, State of Idaho. 19 May 2015. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 28th day of typal, MERIDIAN DEVELOPMENT CORPORATION: Aft st: r By: Bk-,, CITY OF MERIDIAN: Go�oRnxnonuuu� ttest: - el Tamm}zda-Woord,-Mayer E IDIA a Iiolman, City Clerk CGS. lWW1./w S'Ft1L � 0) / 6 v� iJNL(A\pl// MEMORANDUM OF AGREEMENT FOR MDC's MAIN & FAIRVIEW PUBLIC ART PROJECT CONTRIBUTION PAGE 2 OF 2 Meridian City Council Meeting DATE: May 19, 2015 ITEM NUMBER: 6L PROJECT NUMBER: ITEM TITLE: Professional Services Agreement with Erin and her Cello for Musical Talent for Concerts on Broadway in an Amount Not -to -Exceed $3,000.00 MEETING NOTES � APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGREEMENT — MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement") is made this 194"day of May, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Erin Hall, on behalf of Erin and Her Cello, an informal organization, whose address is 201 W. 101st Street, #4A, New York, NY ("Promoter"). WHEREAS, the City desires that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the Meridian City Hall plaza during the summer; and WHEREAS, the Parties mutually desire to present, as part of Concerts on Broadway, the music of Erin and Her Cello, a band specializing in the performance of jazz, blues, rock, and pop music; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. A. Performance. Erin and Her Cello shall perform for the public approximately fifteen (15) songs, from 7:00 p.m. to at least 8:30 p.m., on Saturday, July 11, 2015, in the plaza at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho, with one fifteen -minute break during this time. In case of inclement weather, the venue may be moved to an indoor location to be determined and agreed upon separately by the Parties. B. Sound system; set up and sound checks. City shall provide, set up, and operate any and all sound systems and equipment necessary to electronically amplify music and spoken announcements. City shall set up sound systems and/or related equipment by 5:00 p.m. on July 11, 2015, and Erin and Her Cello may rehearse and/or perform sound checks at that time. All set-up, rehearsal, and/or sound checks shall be completed by 6:30 p.m. C. Risers. If Promoter elects to use risers to elevate the musicians, Promoter shall provide and set up such risers, and shall utilize such materials necessary to protect City facilities from any and all damage therefrom. II. COMPENSATION. A. Total amount. City shall make total payment to Promoter for services rendered pursuant to this Agreement in the amount of three thousand dollars ($3,000.00). This payment shall constitute full compensation from City to Promoter and/or to the members of Erin and Her Cello for any and all services, costs, and expenses related to services performed under this Agreement, including any costs related to travel or lodging. Promoter and/or the respective members of Erin and Her Cello shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. PROFESSIONAL SERVICES AGREEMENT — CONCERTS ON BROADWAY PAGE 1 of 5 B. Cancellation of event. If Erin and Her Cello is present and prepared to perform at the time, date, and place, and in accordance with the terms set forth herein, City shall pay Promoter in the amount set forth herein, even if the event is cancelled due to unforeseen events not caused by Promoter or the members of Erin and Her Cello. Any decision regarding whether to cancel the performance shall be made no earlier than 6:30 p.m. on July 11, 2015. C. Method of payment. By June 11, 2015, Promoter shall provide City with: 1) a completed ACH Form, 2) a copy of a voided check, 3) a completed W-9 form, and 4) an invoice in the amount of three thousand dollars ($3,000.00) for services to be provided on July 11, 2015. So long as all documents are complete and received by June 11, 2015, City shall pay Promoter in full via direct deposit on July 11, 2015. If such documents are not received by June 11, 2015, following the July 11, 2015 performance, Promoter shall provide City with: 1) a completed W-9 form, and 2) an invoice for the amount of three thousand dollars ($3,000.00) for services provided, which invoice City shall pay within thirty (30) days of receipt thereof. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Promoter. IIL VENUE A. Plaza. City shall provide for the performance the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho ("venue"), which is an outdoor, open, public venue. Promoter shall be solely responsible for any and all measures necessary to protect equipment, instruments, and Erin and Her Cello members from damage due to weather and other conditions that do or may exist. B. Public venue. Promoter acknowledges that the venue is a public place and that all members of the public shall be invited to attend. To this end, the members of Erin and Her Cello shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. Erin and Her Cello's performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. C. City policy applies. Promoter and Erin and Her Cello shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department, and any requirements of the City Building Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting City facilities and property. D. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, the performance solely for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. E. Merchandising. Promoter and/or Erin and Her Cello shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City respectfully requests that twenty percent (20%) of any proceeds from merchandise sold at the Concerts on Broadway event be voluntarily donated to the Meridian Arts Commission. Promoter and Erin and Her Cello shall be responsible for paying all sales and other taxes due and owing on the proceeds from merchandise sold. PROFESSIONAL SERVICES AGREEMENT— CONCERTS ON BROADWAY PAGE 2 of 5 IV. TERMS AND CONDITIONS A. Time of the essence. Promoter acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. B. Promotion of event. City shall promote the performance in community promotional materials and avenues, including the City newsletter, City website, Meridian Parks & Recreation Department Activity Guide, and local media and event calendars. Promoter may undertake additional promotional activities at his own expense and effort, subject only to the limitations set forth herein. City hereby conveys to Promoter permission to use City's name in all forms and media and in all manners, without violation of City's respective rights of privacy or any other rights City may possess in connection with its role in the production of Concerts on Broadway, except that City's logo may not be used in any manner whatsoever without the express, written consent of the Mayor's Chief of Staff. To the extent practicable, Promoter shall be given the opportunity to review, for purposes of accuracy, and approve all promotional materials in advance of their publication, broadcast or dissemination. The band shall be listed as "Erin and Her Cello" in all promotional materials that are created by City or within the City's control. C. Subcontracting or assignment of obligations. Promoter shall not subcontract or assign any of the obligations of Erin and Her Cello under this Agreement related to or that may relate to the band's talent or expertise. Promoter may subcontract or assign obligations that do not require the band's artistic talent or expertise, including, but not limited to, such obligations as transport and set-up of special equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. D. Non -waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. E. Indemnification. Promoter shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Promoter and/or the members of Erin and Her Cello, their assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. Promoter and each member of Erin and Her Cello acknowledges that provision of the services described hereunder presents risks, some of which are unknown, and do agree to assume all such known or unknown risks. F. Waiver. Except as to rights held under the terms of this Agreement, Promoter and each member of Erin and Her Cello shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. G. Relationship of Parties. Promoter and each member of Erin and Her Cello is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee PROFESSIONAL SERVICES AGREEMENT— CONCERTS ON BROADWAY PAGE 3 of 5 between Promoter or any member of Erin and Her Cello and City or any official, agent, or employee of City. Promoter and Erin and Her Cello shall retain the right to perform services for others during the term of this Agreement. H. Compliance with law. Throughout the course of this Agreement, Promoter and each member of Erin and Her Cello shall comply with any and all applicable federal, state, and local laws. I. Non -Discrimination. Throughout the course of this Agreement, neither Promoter nor any member of Erin and Her Cello shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. K. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. L. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. M. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. N. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. O. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. P. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: City: Promoter: City Clerk Erin Hall City of Meridian Erin and Her Cello 33 E. Broadway Avenue 201 W. 101st Street, #4A Meridian, Idaho 83642 New York, NY 10025 Either party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. PROFESSIONAL SERVICES AGREEMENT—CONCERTS ON BROADWAY PAGE 4 of 5 Q. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, she is duly authorized to act as the representative and agent of Erin and Her Cello and each and every member thereof. The undersigned further warrants that she is authorized to bind each and all members of Erin and Her Cello to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Erin and Her Cello and the members thereof. R. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. May IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the L day of May, 2015. PROMOTER: q'�_ �. oa u Erin Hall Erin and Her Cello CITY OF MERIDIAN: BY: n 2 s clryarAtte E IIZ DIAr ionxa id 6 City Clerk PROFESSIONAL SERVICES AGREEMENT—CONCERTS ON BROADWAY PAGE 5 of 5 Meridian City Council Meeting DATE: May 19, 2015 ITEM NUMBER: 6M PROJECT NUMBER: ITEM TITLE: Professional Services Agreement with Kevin Patrick Kirk, Inc. for Musical Talent for Concerts on Broadway in an Amount Not -to -Exceed $4,000.00 MEETING NOTES APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGREEMENT — MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement") is made this _ day of May, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Kevin Patrick Kirk, Inc., a corporation organized under the laws of the State of Idaho, whose address is 1606 N. 17th St., Boise, Idaho ("Promoter"). WHEREAS, the City desires that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the Meridian City Hall plaza during the summer; and WHEREAS, the Parties mutually desire to present, as part of Concerts on Broadway, a concert featuring the music of Kevin Kirk & Onomatopoeia, a seven -piece band specializing in the performance of jazz music; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. A. Performance. Kevin Kirk & Onomatopoeia shall perform for the public two concerts of approximately fifteen (15) songs each, from 7:00 p.m. to at least 8:30 p.m., on Saturday, August 22, 2015, in the plaza at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho, with one fifteen - minute break during this time. In case of inclement weather, the venue may be moved to an indoor location to be determined and agreed upon separately by the Parties. B. Sound system; set up and sound checks. City shall provide, set up, and operate any and all sound systems and equipment necessary to electronically amplify music and spoken announcements. City shall set up sound systems and/or related equipment by 5:00 p.m. on the date of each performance, and Kevin Kirk & Onomatopoeia may rehearse and/or perform sound checks at that time. All set-up, rehearsal, and/or sound checks shall be completed by 6:30 p.m. Kevin Kirk & Onomatopoeia will require one hour to complete set up and sound check prior to 6:30 p.m. C. Risers. If Promoter elects to use risers to elevate the musicians, Promoter shall provide and set up such risers, and shall utilize such materials necessary to protect City facilities from any and all damage therefrom. II. COMPENSATION. A. Total amount. City shall make total payment to Promoter for services rendered pursuant to this Agreement in the amount of four thousand dollars ($4,000.00). This payment shall constitute full compensation from City to Promoter and/or to the members of Kevin Kirk & Onomatopoeia for any and all services, costs, and expenses related to services performed under this Agreement. Promoter and/or the respective members of Kevin Kirk & Onomatopoeia shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. PROFESSIONAL SERVICES AGREEMENT—KEVIN KIRK/ONOMATOPOEIA, CONCERTS ON BROADWAY PAGE I of 5 B. Cancellation of event. If Kevin Kirk & Onomatopoeia is present and prepared to perform at the time, date, and place, and in accordance with the terms set forth herein, City shall pay Promoter- in the amount set forth herein, even if the event is cancelled due to unforeseen events not caused by Promoter or the members of Kevin Kirk & Onomatopoeia. Any decision regarding whether to cancel the performance shall be made no earlier than 6:30 p.m. on August 22, 2015. C. Method of payment. By July 22, 2015, Promoter shall provide City with: 1) a completed ACH Form, 2) a copy of a voided check, and 3) an invoice in the amount of four thousand dollars ($4,000.00) for services to be provided on August 22, 2015. So long as all documents are complete and received by July 22, 2015, City shall pay Promoter in full via direct deposit in the amount of four thousand dollars ($4,000.00) on August 22, 2015. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Promoter. III. VENUE A. Plaza. City shall provide for the performance the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho ("venue"), which is an outdoor, open, public venue. Promoter shall be solely responsible for any and all measures necessary to protect equipment, instruments, and Kevin Kirk & Onomatopoeia members from damage due to weather and other conditions that do or may exist. B. Public venue. Promoter acknowledges that the venue is a public place and that all members of the public shall be invited to attend. To this end, the members of Kevin Kirk & Onomatopoeia shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. Kevin Kirk & Onomatopoeia's performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. C. City policy applies. Promoter and Kevin Kirk & Onomatopoeia shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department, and any requirements of the City Building Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting City facilities and property. D. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, the performance solely for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. E. Merchandising. Promoter and/or Kevin Kirk & Onomatopoeia shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City respectfully requests that twenty percent (20%) of any proceeds from merchandise sold at the Concerts on Broadway event be voluntarily donated to the Meridian Arts Commission. Promoter and Kevin Kirk & Onomatopoeia shall be responsible for paying all sales and other taxes due and owing on the proceeds from merchandise sold. IV. TERMS AND CONDITIONS A. 'lime of the essence. Promoter acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder PROFESSIONAL SERVICES AGREEMENT— CONCERTS ON BROADWAY PAGE 2 of 5 shall constitute a breach of, and a default under, this Agreement by the parry so failing to perform. See, e.g., section I.B., requiring one (1) hour of set up and sound check time prior to 6:30 p.m. B. Promotion of event. City shall promote the performance in community promotional materials and avenues, including the City newsletter, City website, Meridian Parks & Recreation Department Activity Guide, and local media and event calendars. Promoter may undertake additional promotional activities at his own expense and effort, subject only to the limitations set forth herein. City hereby conveys to Promoter permission -to use City's name in all forms and media and in all manners, without violation of City's respective rights of privacy or any other rights City may possess in connection with its role in the production of Concerts on Broadway, except that City's logo may not be used in any manner whatsoever without the express, written consent of the Mayor's Executive Assistant. To the extent practicable, Promoter shall be given the opportunity to review, for purposes of accuracy, and approve all promotional materials in advance of their publication, broadcast or dissemination. The band shall be listed as "Kevin Kirk & Onomatopoeia" in all promotional materials that are created by City or within the City's control. C. Subcontracting or assignment of obligations. Promoter shall not subcontract or assign any of the obligations of Kevin Kirk & Onomatopoeia under this Agreement related to or that may relate to the band's talent or expertise. Promoter may subcontract or assign obligations that do not require the band's artistic talent or expertise, including, but not limited to, such obligations as transport and set-up of Special equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. D. Non -waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. E. Indemnification. Promoter shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Promoter and/or Kevin Kirk & Onomatopoeia, their assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. Promoter and each member of Kevin Kirk & Onomatopoeia acknowledge that provision of the services described hereunder presents risks, some of which are unknown, and do agree to assume all such known or unknown risks. F. Waiver. Except as to rights held under the terms of this Agreement, Promoter and each member of Kevin Kirk & Onomatopoeia shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. G. Relationship of Parties. Promoter and each member of Kevin Kirk & Onomatopoeia is an independent contractor and is not an employee,, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Promoter or any member of Kevin Kirk & Onomatopoeia and City or any official, agent, or employee of City. Promoter and Kevin Kirk & Onomatopoeia shall retain the right to perform services for others during the term of this Agreement. PROFESSIONAL SERVICES AGREEMENT— KEVIN KIRKIONOMATOPOEIA, CONCERTS ON BROADWAY PAGE 3 of 5 H. Compliance with law. Throughout the course of this Agreement, Promoter and each member of Kevin Kirk & Onomatopoeia shall comply with any and all applicable federal, state, and local laws. I. Non -Discrimination. Throughout the course of this Agreement, neither Promoter nor any member of Kevin Kirk & Onomatopoeia shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. K. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. L. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. M. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. N. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. 0. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each parry and their successors, assigns, legal representatives, heirs, executors, and administrators. P. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: City: Promoter: City Clerk Kevin Kirk for Kevin Patrick Kirk, Inc. City of Meridian 1606 N. 17th St. 33 E. Broadway Avenue Boise, Idaho 83702 Meridian, Idaho 83642 Either party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. Q. Warranty of authority. Promoter expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Kevin Kirk & Onomatopoeia and each and every member thereof. Promoter further warrants that he is authorized to bind Kevin Kirk & Onomatopoeia and its members to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Kevin Kirk & Onomatopoeia and its members. PROFESSIONAL SERVICES AGREEMENT - CONCERTS oN BROADWAY PAGE 4 of 5 R. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 1ZWay of May, 2015. PROMOTER: Kevin Kirk, President Kevin Patrick Kirk, Inc. CITY OF MERIDIAN: BY: <—� e C Attest: City or City Clerk'�axa "�. SEAL _11h, nii3Oj PROFESSIONAL SERVICES AGREEMENT-KEviN KR VONomATOFOEIA, CONCERTS oN BROADWAY PAGE 5 of 5 Meridian City Council Meeting DATE: May 19, 2015 ITEM NUMBER: 6N PROJECT NUMBER: AP 15-001 ITEM TITLE: Findings of Fact, Conclusions of Law: Request for City Council Approval of a Reduction in the Buffer Width Required in the C- G Zoning District to Residential Uses as Allowed by UDC 1 1 -3B -9C2 for Sonic Drive -In at Paramount MEETING NOTES L APPROVED 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 CITY COUNCIL REVIEW OF THE APPLICANT'S REQUEST FOR A REDUCTION IN THE WIDTH OF THE LANDSCAPE BUFFER REQUIRED IN THE C -G DISTRICT TO RESIDENTIAL USES FOR THE SONIC DRIVE-IN, LOCATED IN THE SW'/ OF SECTION 25, TAN., RAW, MERIDIAN, IDAHO BY: WHITE-LEASURE DEVELOPMENT COMPANY APPLICANT CITY COUNCIL DATE: 5/5/15 CASE NO. AP -15-001 ORDER OF CONDITIONAL APPROVAL OF CITY COUNCIL REVIEW OF THE DIRECTOR'S DECISION This matter coming on regularly before the City Council on May 5, 2015, upon the Applicant's submittal of a request for City Council review of their request for a reduction in the width of the landscape buffer required in the C -G zoning district to residential uses. The Unified Development Code (UDC) (Table 11-2B-3) requires a 25 -foot wide landscape buffer to be provided on C -G zoned properties to residential uses. The UDC (11 -3B -9C.2) allows the City Council to modify the width of the buffer at a public hearing with notice to surrounding property owners upon request by the Applicant if they deem appropriate. ORDER OF CONDITIONAL APPROVAL — SONIC DRIVE-IN (AP -15-001) Page 1 of 2 IT IS HEREBY ORDERED THAT: The above named Applicant is granted approval of a reduced landscape buffer width of ten (10) feet along the east property boundary adjacent to the residential uses with a two foot (2') tall berm and six-foot (6') tall split -face block wall on top of the berm adjacent to the drive-thru area. By the action of the City Council at its regular meeting on the IgVk day of 2015. DATED this Iq Y-1— day of _'2015 Attest: Attorney. (z-�— Coy r�+c Q Mr • / Department, Public Works Department, and City BY: Dated: ORDER OF CONDITIONAL APPROVAL - SONIC DRIVE-IN (AP -15-001) Page 2 of 2 Meridian City Council Meeting DATE: May 19, 2015 ITEM NUMBER: 60 PROJECT NUMBER: FP 15-01 ITEM TITLE: Final Order for Approval: Granton Square Subdivision Located on the East Side of N. Locust Grove Road, South of East Ustick Road, Request for Final Plat Approval Consisting of 27 Single Family Residential Lots and 6 Common Lots on Approximately 4.70 Acres of Land in the R-8 Zoning District by Granton Square Properties LLC MEETING NOTES Ff APPROVED 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: May 19, 2015 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: Items Moved from the Consent Agenda MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Ci t y C o u n c i l M e e t i n g Ma y 1 9 , 2 0 1 5 h2 It e m # 8 C : R e f l e c t i o n R i d g e S u b d i v i s i o n N o . 3 , L o t s 2 - 5 , B l o c k 8 – Z o n i n g M a p It e m # 8 D : Wo o d l a n d S p r i n g s De v e l o p m e n t A g r e e m e n t Mo d i f i c a t i o n Pr o p o s e d C o n c e p t u a l E l e v a t i o n s Ex i s t i n g C o n c e p t u a l E l e v a t i o n s It e m # 8 E , F , G : V e r o n a E a s t S u b d i v i s i o n – Z o n i n g & A er i a l M a p s Ve r o n a E a s t S u b d i v i s i o n : P r e l i m i n a r y & F i n a l P l a t s Ve r o n a E a s t La n d s c a p e P l a n & B u i l d i n g E l e v a t i o n s It e m # 8 H , I : D e c a t u r E s t a t e s – Z o n i n g & A e r i a l M a p s De c a t u r E s t a t e s – P r e l i m i n a r y P l a t & L a n d s c a p e P l a n De c a t u r E s t a t e s Co n c e p t u a l B u i l d i n g E l e v a t i o n s It e m # 8 J , K , L : H a m l i n V i l l a g e Ha m e l i n V i l l a g e – P r e l i m i n a r y & F i n a l P l a t Hamelin Village – Site Plan and Landscape Plan Ha m e l i n V i l l a g e – P r o p o s e d E l e v a t i o n s Meridian City Council Meeting DATE: May 19, 2015 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: Staff Letter of Recommendation for Approval of Floodplain Variance Request of Building at 47 E. Bower St. MEETING NOTES APPROVED 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- Public . ILA H O Works Department TO: Mayor Tammy de Weerd ``11^^�� Members of the City Council FROM: _ '�1 David Miles, Surface Water Administrator Mayor Tammy de Weerd City Council Memberb Charlie Rountree Keith Bird Joe Borton Luke Cavener Genesis Milam David Zaremba DATE: May 5, 2015 SUBJECT: STAFF LETTER OF RECOMMENDATION FOR APPROVAL OF FLOODPLAIN VARIANCE REQUEST OF BUILDING AT 47 E. BOWER ST. RECOMMENDED ACTION A. Move to: 1. Approve the floodplain variance request submitted by Custom Steel Structures on behalf of the property owner to allow floodproofing of a new garage storage building at 47 E. Bower St. II. DEPARTMENT CONTACT PERSONS David Miles, Surface Water Administrator 489-0383 Mollie Mangerich, Environmental Programs Manager 489-0379 r N� Warren Stewart, Public Works Engineering Manager 489-0350 �> Tom Barry, Director of Public Works 489-0372 ` III. DESCRIPTION A. Background This memo is in support of a request for variance from the City's Flood Damage Prevention Ordinance by the property owner and their agent for 47 E. Bower St. which is located in a Meridian Floodplain Overlay District. B. Proposed Project The applicant proposes to construct a commercial garage for storage of automobiles and parts. The elevations and grades of the property compared to the Meridian Floodplain Overlay District would require the structure floor to be located approximately 3.5' above the ground. Due to the lot dimensions, this would create a Page I of 2 condition in which the applicant would also have to construct a steep driveway approach. This large driveway approach would further impact potential flood water flows and also create an exceptional hardship to the applicant. Granting this variance will not result in any additional threats to public safety and the request is the minimum deviation from the Meridian Code necessary. This variance will only impact the method of construction under the Meridian Code and construction will still meet the minimum FEMA requirements and the intent of our Code. I have reviewed this proposal with the City Engineer and they concur with my recommendation to approve the variance provided elements of construction follow FEMA guidelines for floodproofing where necessary. These elements will be reviewed and conditioned during the building permit application process. IV. IMPACT A. Strate ig c Impact: This recommendation provides a reasonable alternative while meeting the minimum FEMA standards and the intent of the Meridian Code. B. Service/Delivery Impact: This recommendation provides a reasonable alternative while meeting the minimum FEMA standards and the intent of the Meridian Code. C. Fiscal Im acct: N/A V. ALTERNATIVES 1. Require the applicant to build to full local code requirements. This would create additional water flow barriers due to the extended height of the private driveway approach and the applicant would likely not improve the property as proposed. 2. Deny variance request. This would result in the property owner not developing the site as proposed. VI. LIST OF ATTACHMENTS A. Applicant Letter of Request for Variance. B. City Flood Damage Prevention Ordinance Section 10-6-4(D) "Appeals and Variances" Approved for Council Agenda: Date Page 2 of 2 D'IvtP -f- REQUEST FOR VARIANCE 47 Bower Street Meridian, ID Mr. John Nesmith is requesting relief from the city ordinance which requires any residential structure constructed within this area be built at an elevation of 2 feet above the FEMA flood plane. The owner is proposing to build a detached two bay, 30'x 40', residential garage. The base flood plane elevation in the vicinity is at an elevation of 2604.2'. The existing property, and adjacent property street and alley, is at an elevation of 2602.77', which is l' 6" below the flood plane. To meet regulations, 3 '/2' of fill would be required in order to reach the elevation 2' above flood plane for this garage structure, which creates two major problems for developing the property. First, the 3 %' above all adjacent properties would require very steep ramps up to the building, making the project impractical. Second, if the site were to be raised 3' plus to accommodate the regulations, it would be highly impractical to be able to maintain all on-site storm drainage. Retaining walls would be required at adjacent properties and it would be impossible to stop drainage onto Bower Street, which is V S" below the flood plane. This structure is to be used for car and truck storage, and will not now or in the future be used for habitation. It is our proposal to construct the facility at an elevation 3" above the flood plane. Due to the surrounding elevations, should the event ever occur that there is a major flood; the building should still stay dry. By allowing this variance, Mr. Nesmith will be able to maintain his business at its current location for the foreseeable future and not be required to move out of the city. Thank you for your consideration. J60,j N e-GaA c7--V/�- d. When Base Flood Elevation data or floodway data are not available, then the Floodplain Administrator shall obtain, review and reasonable utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer the provisions of (his ordinance. 2. Conduct inspections of all development in th'e Meridian Floodplain Overlay District in coordination with the designated Building Official to ensure that the provisions of the Flood Damage Prevention Ordinance are met. 3. Notify adjacent communities and the State Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. 4. Maintain the following information for public inspection: a. Floodplain Development Permit Applications and attachments. b. Results of hydraulic studies as required by this chapter: c. No Rise certificates as required by this chapter. d. Flood -proofing certificates. e. Any other documents pertaining to the provisions of this chapter. 5. Make interpretations where needed, as to specific location of the boundaries of the Special Flood Hazard Area or Meridian Floodplain and Floodway Overlay Districts (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). D. Appeals and Variances: 1. Appeal and Variance Procedures: a. The City Council shall hear and decide appeals and requests for variances from the requirements of this Chapter. b. The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Chapter. The Floodplain Administrator and applicant shall consult with the City Engineer prior to appealing to City Council, c. Those aggrieved by the decision of the City Council, or any taxpayer, may appeal such decision to the Fourth Judicial District Court, Ada County, Idaho, pursuant to Idaho Code chapter 52, title 67. MERIDIANFLOOD DAMAGEPREVENTION ORDINANCE PAGE 9 Op 15 d. In passing upon. such applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in, other sections of this Chapter; and (1) The danger that materials may be swept onto otber lands. to the injury of others; (2) The danger to. life and property due to flooding; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the Community; (5) The necessity to the facility of a waterfront location, where applicable; (6) The availability of alternative locations for the proposed use which are not subject to flooding; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if appljcable; expected at the site; and (11) The costs of providing governmental services during and after flood. conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. e. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request, 2. Conditions For Variances: a. Variances shall not be issued within the Meridian Floodway Overlay District if any increase in flood levels during the base flood discharge would result. b. Variances shall only be issued upon: (1) A showing of good and sufficient cause; Reasons that do not constitute good and sufficient cause include: loss of property value, inconvenience to the property owner, or lack of funding to comply. MERIDIAN FLOOD DANIAGEPREVENTION ORDINANCE PAGE 10 OF 15 (2) A determination khat failure to gtatit the variance would result in exceptional hardship to the applicant; (3) A determination that the granting of a variance will not result in additional threats to public safety, extraordinary public expense, create nuisances; cause fraud on or victimization of the public, or conflict with existing local laws or ordivances. (4) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. Any variance should allow only minimum deviation from the requirements of this code, a Upon consideration of the factors of §10-6-4(D)(1)(d) of this Section and the purposes of this Chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purpose of this Chapter, d. Variances as interpreted in the National Flood fusurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. e. Any applicant to whom a variance is granted shall be given written notice by the Floodplain Administrator that the development will be permitted without meeting City Code requirements and that the cost of flood insurance will be commensurate with the increased risk of flood damage. 10-6-5: PROVISIONS FOR FLOOD HAZARD REDUCTION: A. Standards for the Meridian Floodplain Overlay District: 1. Engineering and Mapping.Requireinents: a. Determination of Base Flood Elevations (8FEs): Tho Floodplain Development Permit Applicant shall first contact the City Floodplain Administrator to determine the Base Flood Elevation. If the Floodplain Administrator is unable to determine the Base Flood Elevation through FEMA profiles and/or simplified methods, then the Floodplain Development Permit Applicant shall retain the services of a Qualified State of Idaho Licensed Professional Engineer, or Professional Land Surveyor to determine BFEs before and after the proposed development. BFEs shall be detormined based on FIRMs, previous studies, by performing a hydraulic analysis, or other methods approved by the Floodplain Administrator. The engineer or surveyor must check with the Floodplain Administrator to determine if additional updated information on BFEs. is available. MERIDIAN FLOOD DAMAGEPREVENTION ORDINANCE PAGE It OF 15 Meridian City Council Meeting DATE: May 19, 2015 ITEM NUMBER: $B PROJECT NUMBER: ITEM TITLE: Public Hearing Continued from May 5, 2015: Consider the conveyance to the Ada County Highway District of approximately 2,446 square feet of real property located at the SW corner of North Meridian Road and West Railroad Street in the City of Meridian, Ada County, Idaho. MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS SUMMARY OF ACTION TAKEN REGARDING INTENT TO CONVEY REAL PROPERTY I�`k i7 NOTICE OF PUBLIC HEARING SUMMARY OF ACTION TAKEN: On the 14TH day of April, 2015, the City Council of the City of Meridian approved Resolution No. 15-1063 declaring the intent of the City to convey to the Ada County Highway District 2,446 square feet of real property located at the SW corner of North Meridian Road and West Railroad Street in the City of Meridian, Ada County, Idaho. The City of Meridian intends to convey the real property with or without consideration because it is in the City's best interest that the Ada County Highway District take ownership of the property for right-of-way purposes. NOTICE IS HEREBY GIVEN: Pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho (including but not limited to Idaho Code section 50-1403), the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at the hour of 6:00 p.m. on Tuesday, May 5, 2015 for the purpose of considering and approving the proposed real property conveyance. For further information, please contact the City Clerks Office at 888-4433. Publish: 20th day of April, 2015 JAYCEE L. HOLMAN, CITY CLERK DATE CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET May 53 2015 ITEM # 10B Property Conveyance: 2446 Square Feet of Real Property Located at the SW Corner of North Meridian Rd and West Railroad Street, Project Name: Meridian to ACHD I PLEASE PRINT NAME I FOR I AGAINST I NEUTRALI MAY 0 5 1015 y CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE Project Number: 1% 2015 ITEM # 86 Project Name: Property Disposition to ACHD PLEASE PRINT NAME I FOR I AGAINST I NEUTRALI MAY t 9 2015 Y CLERKS OF CEI / A /O 1:� ./ D to Meridian City Council Meeting DATE: May 19, 2015 ITEM NUMBER: $C PROJECT NUMBER: VAC 15-004 ITEM TITLE: Reflection Ridge Subdivision No. 3 Lots 2-5, Block 8 Public Hearing: Vacate the existing 5 -foot wide public utility easement that lies across lots 2-5, block 8 by Matt Schultz - approx 1/2 mile s/o E. Victory Road and 1/2 mile w/o S. Loucst Grove 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: May 19, 2015 ITEM NUMBER: $D PROJECT NUMBER: MDA 15-004 ITEM TITLE: Woodland Public Hearing: Modification to the Development Agreement to change the architecturl design of one of the structures on the site by Morgan Development - 1728 & 1736 E. McMillan Road MEETING NOTES 11,41, 1 I 1 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: May 19, 2015 ITEM NUMBER: $E -G RZ 15-004 PFP-15-001 PROJECT NUMBER: MDA 15-002 ITEM TITLE: Verona East Subdivision Public Hearing: Development Agreement modification to remove the property from. the recorded DA (Inst. # 108059801) to construct 2 single family attached dwellings by Primeland Investment Group, LLC - e/o N. Ten Mile Rd and No W. McMillan Rd - by Primeland Investment Group, LLC Located East of N. Ten Mile Road and North of W. McMillan Road Request: Rezone of 0.67 Acres of Land from the L -O Zoning District to the R-8 Zoning District - by Primeland Investment Group, LLC Located East of N. Ten Mile Road and North of W. McMillan Road Request: Preliminary / Final Plat Consisting of Four (4) Single Family Residential Lots and Two (2) Common Lots on Approximately 0.62 Acres in a Proposed R-8 Zonina District MEETING NOTES u APPROVED 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: May 19, 2015 ITEM NUMBER: $H-1 PROJECT NUMBER: AZ 15-002/PP 15-004 ITEM TITLE: Public Hearing: Decatur Estates by 4345 Linder Road, LLC Located at 4345 N. Linder Road Request: Annexation and Zonina of 39.76 Acres of Land with an R-4 Zoning District - by 4345 Linder Road, LLC Located at 4345 N. Linder Road Request: Preliminary Plat Approval Consisting of Ninety - Nine (99) Building Lots and Twelve (12) Common Lots on 39.76 Acres of Land in the R-4 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 De c a t u r E s t a t e s S u b d i v i s i o n An n e x a t i o n a n d Z o n i n g a n d Pr e l i m i n a r y P l a t Me r i d i a n C i t y C o u n c i l Ma y 1 9 , 2 0 1 5 De c a t u r E s t a t e s S u b d i v i s i o n Vi c i n i t y M a p L. C . D e v e l o p m e n t L L C De c a t u r E s t a t e s S u b d i v i s i o n A e r i a l M a p De c a t u r E s t a t e s S u b d i v i s i o n L a n d s c a p e P l a n DE C A T U R E S T A T E S S U B D I V I S I O N BR I D G E T O W E R C R O S S I N G – I N C O M P L E T E P A T H W A Y De c a t u r E s t a t e s S u b d i v i s i o n L a n d s c a p e P l a n LI N D E R R O A D – L O O K I N G N O R T H LI N D E R R O A D – L O O K I N G S O U T H Meridian City Council Meeting DATE: May 19, 2015 ITEM NUMBER: CUP 15-006 PROJECT NUMBER: Rz 15-005/PFP 15-002 ITEM TITLE: Public Hearing: Hamelin Subdivision by B&S Investments, LLC Located 603 W. Pine Avenue Request: Rezone 0.50 Acres from the R-15 Zoning District to the R-40 Zoning District - by B&S Investments, LLC Located 603 W. Pine Avenue Request: Combined Preliminary/Final Plat Approval Consisting of Two (2) Multi -Family Residential Lots and One (1) Common Lot on Approximately 0.45 Acres in the Proposed R-40 Zoning District - by B&S Investments, LLC Located 603 W. Pine Avenue Request: Conditional Use Permit Approval for a Multi -Family Development Consisting of Eight (8) Dwelling Units (Two (2) Four-Plex Structures) on Approximately 0.45 Acres in a Proposed R-40 Zoning District MEETING NOTES 9 APPROVED 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: May 19, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Legal Department: Budget Amendment for FY2015 in the Amount of $28,359.00 to Move Part -Time Assistant City Attorney to Full -Time Deputy City Attorney MEETING NOTES LMJ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS m O tt 0 W O 0 N z 0r 11 0 r O O O O O O O O J O O O O O Y Y F+ Y Y Y Y 0. 3 Y Y F+ 0 c rt Y Y G G G G ] m A Riz F+ N N O N N G N G N G N G N G N G N G N G G N O o 0 0 0 ... 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Z 21 rn w a 3 3 v m m T W W O � O 3 a � Da 'c m ° o o a f0 n c rt 0= 0 a _ S N m no P. Z 21 rn w !N co '0 1 O d ¢ m m _n Iz O �l (D w D N O_ cn co Q D 3 (D Q ((D 7 0 O 3 <➢ O � p � C O m J J lD O O M ^ m O m 3 - m � c n 'm .Je y n s o IG m O S v O O m c d C Q m J O !D O T m d c a 0 0 rl m¢ d Q m 3 o < o 'A o' ¢ a F a m w a (p d J O O Q (U Q O• J N N C C J T O Q L p ¢ < S ¢ !D 6J o n - d J m o o- c m ¢ o O1 o w J m a m C !p - N n S o � N m w o n (p d r^Y m n VI Q L T o � Q m — � d S � S m n o a z ^ m m ¢ o � u T n a n w a d M 3 .� q9. w `Y c J � O d Q ¢ m m _n Iz O �l (D w D N O_ cn co Q D 3 (D Q ((D 7 0 O 3 Meridian City Council Meeting DATE: May 19, 2015 ITEM NUMBER: 10A PROJECT NUMBER: RZ 15-002 ITEM TITLE: Ordinance No. / 5 for the Rezone of a land being a portion of Lots 3-17, Block 1 of Larkspur Subdivision No. 1 and adjacent public streets, located in the Southwest' of the Northwest of Section 19, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County Establishing and Determining the Land Use Zoning Classification of Said Lands from L -O to C -G and L -O. MEETING NOTES APPROVED 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 BOISE IDAHO Pgs=6 NIKOLA OLSON 2015-043239 MERIDIAN CITY 05/20/2015 03:05 PM 11111111111111111111111111IIINO FEE 00100138201600432390060063 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE (RZ 15-002 — CALDERWOOD BUSINESS PARK) FOR THE RE- ZONE OF A PARCEL OF LAND BEING A PORTION OF LOTS 3-17 OF BLOCK 1 OF LARKSPUR SUBDIVISION NO. 1 AND ADJACENT PUBLIC STREETS, LOCATED IN THE SOUTHWEST'/ OF THE NORTHWEST'/ OF SECTION 19, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY IDAHO, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF L -O (LIMITED OFFICE) ZONING DISTRICT TO C -G (GENERAL RETAIL AND SERVICE COMMERCIAL) AND L -O (LIMITED OFFICE) ZONING DISTRICTS IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re -zoning by the owner of said property, to -wit: GGR, LLC. SECTION 2. That the above-described real property is hereby re -zoned from the L -O (Limited Office) zoning district to the C -G (General Retail and Service Commercial) and L -O (Limited Office) zoning districts, in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. RE ZONE ORDINANCE—CALDERWOOD BUSINESS PARK —RZ 15-002 PAGE 1 OF 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 19 day of , 2015. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2015. ATTEST: CITY C. C -c --l) , (2 - 00ItNCtQ i l9 W aE nIDAHO rPP SEA y4 yPT nT lde TPEA60��Vp REZONE ORDINANCE — CALDERWOOD Bus1NEss PARK — RZ 15-002 PAGE 2 OF 3 STATE OF IDAHO, ) ) ss: County of Ada ) On this Vk day of K. 0"l 2015, before me, the undersigned, a Notary Public in and for said State, personally appease�'E��_EBand JAYCEE L. HOLMAN, known to mei be the Inlayer and CitClerk, respectrve y, of tie ity of Meridian, Idaho, and who executed the within inst iru i n , anPd'TMRowledged 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. 1•1GA JOS•.• (SEAL) �•�?�OTAR�tP•; ••.; fE of •....• NotA Pu lic o Residing At: Mcy�d n �� My Commission Expires: S' ah o1U RE ZONE ORDINANCE-CALDERWOOD BUSINESS PARK-RZ 15-002 PAGE 3 OF 3 EXHIBIT A C -G REZONE DESCRIPTION A portion of Lots 3 and 12 and all of Lots 4.11 of Block 1 of Larkspur Subdivision No. land adjacent public streets, located In the Southwest 1/4 of the Northwest 1/4 of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the Northwest: Corner of said Section 19; thence along the west line. of said Section 19, South 0°37'20" West, 1489.50 feet to the centerline of E. Calderwood Or which Is the POINT OF BEGINNING. thence along the centerline of E. Calderwood Dr, North 89'42'54" East, 283.45: feet; thence, South 0"17'06" East, 285.50 feet; thence South 89°42'54" West, 9.50 feet; thence, South 0"17'06" East, 133.45 feet to a point on the south boundary of said Lot 3; thence South 89°42'54" West, 280.59 feet to a point on the west line of said Section 19; thence along the west line of said Section 19, North 0'37'20" East, 419.00 feet back to the POINT OF BEGINNING.. Containing 2.73 acres, more or less, and. subject to any easements or rights-of-way of record or otherwise existing. This legal description Is based in part on the Final Plat of Larkspur Subdivision No. 1, recorded as Book 93, Page 11064 of the Records of Ada County, Idaho with a Basis of Bearing of the west line of said Section 19 as South 0°37'20" West. Calderwood Business Park — RZ-15-002 EXHIBIT A L-0 ZONING DESCRIPTION A portion of Lots 3 and 12-17 of Block l of Larkspur Subdivision No, 1 and adjacent public streets, located In the Southwest 1/4 of the Northwest 1/4 of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows; COMMENCING at the Northwest Corner of said section 19; thence along the west line of said Section 19, South 0'37'20" West, 1489.50 feet to the centerline of E. Calderwood Or thence along the centerline of E, Calderwood Or, North 89'42'54" East, 283.45 feet to the POINT OF BEGINNING. thence along the centerline of E. Calderwood Dr, North 89'42'54° East, 137.00 feet to the centerline of S, Blackspur Way; thence along the centerllne of S. Blackspur Way, South 0.17'06" East, 418,95 feet; thence South 89'42'54" West, 146.50 feet to a point on the south boundary of said Lot 3; thence, North 0'17'06" West, 133,45 feet; thence North 89'42'54" East, 9.50 feet; thence, North 0°17'06" West, 285.50 feet back to the POINT OF BEGINNING, Containing 1,35 acres, more or less, and subject to any easements or rights-of-way of record or otherwise existing. This legal description Is based In part on the Final Plat of Larkspur Subdivision No. 1, recorded as Book 93, Page 11064 of the Records of Ada County, Idaho with a Basis of Bearing of the west line of said Section 19 as South 0.37'20" West. Calderwood Business Park — RZ-15-002 EXHIBIT B SKETCH SHOWING THE CONFIGURATION THE PROPOSED C—C AND L-0 ZONES FOR THE CALDERWOOD BUSINESS PARK WHICH IS PART OF LARKSPUR SUBDIVISION NO. I LOCATED IN THE SWI/4 OF THE NWt/4 OF SECTION 19, T3N, RIE, BOISE MERIDIAN, ADA COUNTY, IDAHO 13 19 =AA DESCWIT' ll I5 QASEO W torr E. OVERLAND RD AL PUr OF [ARKSCL/R 24 19 NO.. !, RECORDED AS BOOK 97, OF rNE RECORDS OF ADAHO WITH A BASK OE BEARING ofPOINT OF COMMENCEMENT INE OF SAN) SECTION 14 ASNW CORNER OF - '10" MEsr.. 'o SEC 19. TSN, RIE, B.M. SCALE: V-80' BEGINNING ZONE POINT OF BEG FOR L-0 LOT 2 Calderwood Business Park — RZ-15-002 I I LOT p Lot d I 1 tot Is t I 1 Lot to 1 LOT 17 146.51 LOT 18 OF 300, 283.45' E. CALDERWOOD DR LOT to lot 11 2i $ f, .LOT 9 1 r 1 N I 2Qr1E � tot 12 r i Lot e I I — _ — S89'42'54"W 9.50' LOT 7 I t _ �I I y „,.F toy A I.5 1 LOT 1 1 8 I I 1 LOT 3 LOT 2 Calderwood Business Park — RZ-15-002 I I LOT p Lot d I 1 tot Is t I 1 Lot to 1 LOT 17 146.51 LOT 18 OF