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
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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.
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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
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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.
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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?
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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
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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.
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May 19, 2015
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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.
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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
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May 19, 2015
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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
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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?
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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?
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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
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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.
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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.
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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.
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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
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( E Ir DIAIDAHO
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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
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�TS...
Krl
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EXCLUSION B .:f:"rr�i`� 1 _Zn UR
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♦iii�
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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
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\ 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:[�
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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.
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(SEAWt. $ S NOT AR PLIBLIC FO
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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
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118.50'
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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
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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
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PW6C-17546
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Phone: (208) 323-0234
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Fax: (208) 3230240
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IDAHO SECRETARY OF STATE
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Lawerence Denney, Secretary of State
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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:
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Amendment Filed 15 Apr NAME View Image (PDF format) View
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LAWN CO.
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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
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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:
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By: Bk-,,
CITY OF MERIDIAN: Go�oRnxnonuuu� ttest: -
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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
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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
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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
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Meridian City Council Meeting
DATE: May 19, 2015 ITEM NUMBER: 9B
PROJECT NUMBER:
ITEM TITLE: Police Department: FY2015 Budget Amendment for
Spring Safety Fling Donation in the Not -to -Exceed Amount of $1,500.00
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
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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