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2015-10-20
NII ,, CITY COUNCIL REGULAR MEETING AGENDA 014 E AMENDED AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, October 20, 2015 at 6:00 PM Roll -Call Attendance X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Troy Drake with Calvary Chapel 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of October 6, 2015 City Council Meeting B. Findings of Fact, Conclusions of Law: PP 15-015 Trilogy Subdivision by Conger Management Group Located Southeast Corner of W. Chinden Boulevard and N. Black Cat Road Request: Preliminary Plat Approval Consisting of One Hundred Forty -Four (144) Single Family Residential Lots and Nine (9) Common Lots on Approximately 28.16 Acres in the R-8 Zoning District C. Findings of Fact, Conclusions of Law: MDA 15-009 Trilogy Subdivision by Conger Management Group Located Southeast Corner of W. Chinden Boulevard and N. Black Cat Road Request: Modify the Recorded Development Agreement (Inst. # 107025553) for the purpose of updating certain sections of the DA to reflect the design changes to the proposed Trilogy Subdivision D. Final Order for Approval: FP 15-032 Normandy Subdivision No. 1 by Schultz Development Located 4145 S. Locust Grove Road Request: Final Plat Approval Consisting of Forty -Four (44) Building Lots and Seven (7) Common Lots on 11.03 Acres of Land in the R-8 Zoning District Meridian City Council Meeting Agenda — Tuesday, October 20, 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. E. Final Order for Approval: FP 15-033 Paramount Subdivision No. 30 by SCS Brighton LLC, Located North Side of W. McMillan Road and East of N. Linder Road Request: Final Plat Consisting of Fifty -One (51) Building Lots and Two (2) Common Lots on 16.49 Acres of Land in the R-8 Zoning District F. Findings of Fact, Conclusions of. Law: AZ 15-009 Creason Creek Subdivision by CS2, LLC Located Near Southeast Corner of N. Linder Road and W. Ustick Road Request: Annexation and Zoning of 16.08 Acre of Land from the RUT Zoning District to the R-8 Zoning District G. Findings of Fact, Conclusions of Law: PP 15-014 Creason Creek Subdivision by CS2, LLC Located Near Southeast Corner of N. Linder Road and W. Ustick Road Request: Preliminary Plat Approval Consisting of Fifty - One (51) Single Family Residential Lots and Eight (8) Common Lots on Approximately 15.75 Acres in a Proposed R-8 Zoning District H. Christmas in Meridian 2015 Sponsorship Agreement Between Commercial Tire and the City of Meridian for a Not -to -Exceed Amount of $750.00 I. Agreement for Professional Services with Kathy Drury -Bogle Consulting, LLC for Human Resources Consulting for FY2016 for the Not -to -Exceed Amount of $24,000.00 J. Asset Transfers from Meridian Heights Water and Sewer District to City of Meridian Documents to be approved include: 1. Bill of Sale for Personal Property and Accounts 2. Quitclaim Deed for Water Rights 3. Quitclaim Deed for Meridian Heights Well Lot 4. Quitclaim Deed for Kentucky Ridge Well Lot K. Approval of Task Order 10614.A to JUB ENGINEERS, INC. for the "BLACK CAT TRUNK SEWER — PHASE 5 - DESIGN" Project for a Not -To -Exceed amount of $214,747.00 L. Approval of Award of Bid and Agreement to POST DRILLING, INC for the "ABANDONMENT OF MERIDIAN HEIGHTS WELL #1" Project for a Not -To - Exceed amount of $89,000.00 Meridian City Council Meeting Agenda — Tuesday, October 20, 2015 Page 2 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. 5 7. M. Water and Sewer Easements from Meridian Heights Water and Sewer District - Notice of City of Meridian as Successor Grantee after dissolution of District N. Verrasso Village Water and Sewer Main Easement O. Southern Highlands Sub. No. 1 Water line Easement P. Southern Highlands Sub No. 2 Water Line Easement Q. Subrecipient Agreement Between City of meridian and Boise City Ada County Housing Authority for PY2015 Community Development Block Grant Funds for a Not -to -Exceed Amount of $50,000.00 Community Items/Presentations A. Meridian Arts Commission Traffic Box Art Wrap Recommendation for Happy Elephant by Andrew Clifford Approved Action Items Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staffs report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public's comments. No additional public testimony is taken once the public hearing is closed. A. Public Hearing: Woodland Springs (H-2015-0002) by Woodland Springs, LLC Located Northeast Corner of N Locust Grove Road and E. McMillan Road. Continued to November 17, 2015 1. Request: Two (2) Year Time Extension on the Preliminary Plat for Woodland Springs Subdivision in Order to Obtain the City Engineer's Signature on the Second Phase Final Plat B. Hacienda Subdivision No. 5 (H-2015-0003) by Jayo Investments, Inc. Located East Side of N,. Meridian Road, Midway Between Chinden Boulevard and E. McMillan Road. Approved 1. Request: Final Plat Approval Consisting of Forty -Nine (49) Residential Lots and Nine (9) Common Lots on Approximately 9.51 Acres of Land in an R-8 Zoning District C. Shelburne Subdivision No. 1 (H-2015-0004) by Shelburne Properties, LLC Located 1/4 Mile East of S. Eagle Road and North of E. Amity Road Meridian City Council Meeting Agenda — Tuesday, October 20, 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. 1. Request: Final Plat Approval Consisting of Forty -Eight (48) Building Lots and Twelve (12) Common Lots on 19.42 Acres of Land in the R-4 Zoning District Continued to October 27, 2015 8. Department Reports A. Legal Department: City Code re -draft of Title 2 pertaining to Commissions and Committees 9. Ordinances A. Ordinance No. 15-1663: An Ordinance Amending Meridian City Code as Codified at Title 11, Entitled Unified Development Code Pertaining to Drive Through Establishments as a Conditional Use in the O -T Zoning District; and a Modification to the Associated Specific Use Standards Listed in Unified Development Code 11-2D2; and Providing an Effective Date Approved 10. Other Items 11. Executive Session Per Idaho State Code 74-206(d)(f): (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code; (f) To Consider and Advise Its Legal Representatives in Pending Litigation Into Executive Session at 6:41 p.m. Out of Executive Session at 8:21 p.m. Adjourned at 8:21 p.m. Meridian City Council Meeting Agenda — Tuesday, October 20, 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 October 20, 2015 A meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday, October 20, 2015, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree Keith Bird, David Zaremba, Genesis Milam, Joe Borton and . Luke Cavener. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Josh Beach, Kyle Radek, Scott Collaiani, Perry Palmer, 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 _X Mayor Tammy de Weerd De Weerd: I would like to welcome all of you to our City Council meeting. We always like to see, in particular, young faces in the crowd, so thank you to our scouts. And I assume that you're here for extra credit in high school government or -- good luck. Okay. We will welcome you. For the record it is Tuesday, October 20th. It's two minutes after 6:00. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Troy Drake with Calvary Chapel De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Troy Drake. He is with Calvary Chapel. I would invite you to join us in the community invocation or take this as an opportunity for a moment of reflection . Again, always nice to see you. Drake: Me, too, Mayor and Council Members. Let's pray. Lord God in Heaven, we just wanted to acknowledge in this brief prayer time here that you are good and we just thank you for your kindness and your grace towards human beings and that we have it here tonight, Lord, and also that you are greater than all the nations and governments of earth and, God, that we can look to you for the answers, that we don't have to trust in mankind and, Lord, we also just thank you that -- for your wisdom and you're more wise than anyone or anything and, Lord, I just pray for -- for tonight that you would just grant your Meridian City Council October 20, 2015 Page 2 of 20 wisdom and goodness to these servants of ours, elected officials, so that they can make decisions that are based on true and good and righteous things and, lastly, Lord, we just want to pray for our city tonight, those servants who watch over things, the police and fire and so forth and, God, you keep them safe, as well all of the citizens of Meridian. We thank you for this great town that we have and we pray that you would just bless it, Lord, and last, God, I just also pray for those who are hurting and hopeless in our city and that they would find you and your grace, God. So, thank you ahead of time for what you're going to do tonight and for these precious people, in Jesus' name we pray, amen. Thank you. Bless you guys. Item 4: Adoption of the Agenda De Weerd: Thank you. Item No. 4 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the agenda with the following additions. Item 7-A has been requested to continue to November 17th and Item 7-C has been requested to continue until October 27th and Item 9-A the ordinance number is 15-1663. And with those additions, Madam Mayor, I move that we approve the agenda. Bird: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of October 6, 2015 City Council Meeting B. Findings of Fact, Conclusions of Law: PP 15-015 Trilogy ` Subdivision by Conger Management Group Located Southeast Corner of W. Chinden Boulevard and N. Black Cat Road Request: Preliminary Plat Approval Consisting of One Hundred Forty-Four (144) Single Family Residential Lots and Nine (9) Common Lots on Approximately 28.16 Acres in the R-8 Zoning District C. Findings of Fact, Conclusions of Law: MDA 15-009 Trilogy Subdivision by Conger Management Group Located Southeast Corner of W. Chinden Boulevard and N. Black Cat Road Request: Modify the Recorded Development Agreement (Inst. # 107025553) for the purpose of updating certain sections of the Meridian City Council October 20, 2015 Page 3 of 20 DA to reflect the design changes to the proposed Trilogy Subdivision D. Final Order for Approval: FP 15-032 Normandy Subdivision No. 1 by Schultz Development Located 4145 S. Locust Grove Road Request: Final Plat Approval Consisting of Forty-Four (44) Building Lots and Seven (7) Common Lots on 11.03 Acres of Land in the R-8 Zoning District E. Final Order for Approval: FP 15-033 Paramount Subdivision No. 30 by SCS Brighton LLC, Located North Side of W. McMillan Road and East of N. Linder Road Request: Final Plat Consisting of Fifty-One (51) Building Lots and Two (2) Common Lots on 16.49 Acres of Land in the R-8 Zoning District F. Findings of Fact, Conclusions of Law: AZ 15-009 Creason Creek Subdivision by CS2, LLC Located Near Southeast Corner of N. Linder Road and W. Ustick Road Request: Annexation and Zoning of 16.08 Acre of Land from the RUT Zoning District to the R-8 Zoning District G. Findings of Fact, Conclusions of Law: PP 15-014 Creason Creek Subdivision by CS2, LLC Located Near Southeast Corner of N. Linder Road and W. Ustick Road Request: Preliminary Plat Approval Consisting of Fifty-One (51) Single Family Residential Lots and Eight (8) Common Lots on Approximately 15.75 Acres in a Proposed R-8 Zoning District H. Christmas in Meridian 2015 Sponsorship Agreement Between Commercial Tire and the City of Meridian for a Not-to-Exceed Amount of $750.00 I. Agreement for Professional Services with Kathy Drury-Bogle Consulting, LLC for Human Resources Consulting for FY2016 for the Not-to-Exceed Amount of $24,000.00 J. Asset Transfers from Meridian Heights Water and Sewer District to City of Meridian Documents to be approved include: 1. Bill of Sale for Personal Property and Accounts 2. Quitclaim Deed for Water Rights 3. Quitclaim Deed for Meridian Heights Well Lot 4. Quitclaim Deed for Kentucky Ridge Well Lot Meridian City Council October 20, 2015 Page 4 of 20 K. Approval of Task Order 10614.A to JUB ENGINEERS, INC. for the “BLACK CAT TRUNK SEWER – PHASE 5 - DESIGN” Project for a Not-To-Exceed amount of $214,747.00 L. Approval of Award of Bid and Agreement to POST DRILLING, INC for the “ABANDONMENT OF MERIDIAN HEIGHTS WELL #1” Project for a Not-To-Exceed amount of $89,000.00 M. Water and Sewer Easements from Meridian Heights Water and Sewer District - Notice of City of Meridian as Successor Grantee after dissolution of District N. Verrasso Village Water and Sewer Main Easement O. Southern Highlands Sub. No. 1 Water line Easement P. Southern Highlands Sub No. 2 Water Line Easement Q. Subrecipient Agreement Between City of meridian and Boise City Ada County Housing Authority for PY2015 Community Development Block Grant Funds for a Not-to-Exceed Amount of $50,000.00 De Weerd: Item 5 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Move that we approve the Consent Agenda as published, authorizing the Clerk to attest and the Mayor to sign. Bird: Second. De Weerd: I have a motion and a second to approve the Consen t Agenda. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Community Items/Presentations Meridian City Council October 20, 2015 Page 5 of 20 A. Meridian Arts Commission Traffic Box Art Wrap Recommendation for Happy Elephant by Andrew Clifford De Weerd: Item 6-A is under our Meridian Arts Commission and so I will ask Hillary to join us. Bodnar: Hi, there. De Weerd: Hi. Bodnar: I have got a picture to hand out to all of you. So, this is kind of a special request from the Meridian Arts Commission. Back in the spring west Ada had an art show called Framed and that's where they selected the majority of their artworks to be wrapped on traffic boxes. This art that you're looking at now is called Happy Elephant and it's by Andrew Clifford and, unfortunately, when the Arts Commission panel that brought this to the arts commission quorum to approve traffic box wraps one of the commissioners noted that it is a replica of a Disney artifact. It's an animatronic elephant that Disney has and so in efforts to mitigate any potential conflict with an actual property right, the arts commission decided that we wouldn't pursue obtaining those rights and we sent a letter to Andrew Clifford notifying him he would receive the community art award, but that he wouldn't be offered a traffic box wrap and it was really hard for the Meridian Arts Commission to make that decision, because they really liked the artwork and it's really, really a good example of Andrew Clifford's work. So, what happened was when we notified Andrew Clifford he called back and asked if he could contact Disney himself and see if he could obtain rights to use his artwork on a traffic box. So, this is in front of you now, because he obtained permission from Disney. He wrote to Disney, made contact, set up a meeting with Emily Kane and I and we asked him clarifying questions and he followed up with Disney. He's 16 years old. So, it's really incredible that he did what we thought was not even doable, that we couldn't do it. Disney is a big entity and we are very proud that he was able to take the initiative to get this done. So, we have both of his letters that he sent to Disney and Disn ey's letters that they sent in response to him, giving him permission to use this as a traffic box art. Our big concern for the first letter was that they didn't want the art published online and so we said, you know, we can't control the public, we can't control people taking pictures. People will probably take pictures of this box, because it's a cool picture. So, that's what he wrote to clarify about and they said we understand it's a public piece and we -- you have our permission to use it, but they just asked that they -- you know, they don't want their name on it, they don't want to be really associated with it, but they gave him permission to use it. So, this hasn't come in front of you before, because we didn't think that we would be able to do it, but Andrew Clifford came back to the Meridian Arts Commission and asked that they reconsider wrapping it in -- for this fiscal year 2016 and MAC was really happy that he was so successful and they approved for it to be recommended to you guys for a wrap in 2016. So, it's kind of a special case, but we think a worthy one. De Weerd: That is phenomenal. Meridian City Council October 20, 2015 Page 6 of 20 Bodnar: And I invited him, but he had a swim meet, so he was going to try to get here really quickly after his swim meet, so he might end up walking in a little later. De Weerd: Well, what tenacity on behalf of this -- this young artist. So, Council, any questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Hillary, I'm so happy about this, because this was one of my absolute favorite pieces at the art show and I was devastated when they made the decision not to put it up, so great news. I'd like to meet this young man, because I'm really impressed with both his art and his -- his ability to get that done, so -- Bodnar: He's been incredible. If he doesn't make it here tonight I will let him know that he's welcome back another time. Thank you. De Weerd: Any other comments? Cavener: Madam Mayor? De Weerd: Yes, Mr. Cavener. Cavener: I echo Councilwoman Milam's comments. Just a question. Bodnar: Uh-huh. Cavener: When we made initial plans to wrap a certain amount of boxes and his wasn't included, we set the budget, were dollars set aside to include this extra wrap? Bodnar: Yes. Our initial plan actually took account for the more expensive wrap quote that we got for our initial wraps. So, we are now using a vendor that's a local vendor and that wraps for a much more affordable price and so it fits in our budget. Cavener: Happy ending to a great story. Excellent to hear. Thank you, Hillary. De Weerd: Everything sounds good about this one; right? Cavener: It's a great story. It's a great story for a weekly newspaper to cover. Milam: And a great picture, too. Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council October 20, 2015 Page 7 of 20 Milam: I move that we approve the art wrap recommendation for Happy Elephant by Andrew Clifford. Bird: Second. Cavener: Second. De Weerd: I have a motion and a couple of seconds to approve this item. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Action Items A. Public Hearing: Woodland Springs (H-2015-0002) by Woodland Springs, LLC Located Northeast Corner of N Locust Grove Road and E. McMillan Road. 1. Request: Two (2) Year Time Extension on the Preliminary Plat for Woodland Springs Subdivision in Order to Obtain the City Engineer's Signature on the Second Phase Final Plat De Weerd: Thank you, Hillary. Item 7-A is a public hearing that has been requested to continue to November 17th. I will open the public hearing on H-2015-0002. I guess I do have a question regarding this request. By putting it out another month it looks like it's to request a two year time extension. Has that extension already expired or are they doing it earlier than most? Hood: So, Madam Mayor, Members of the Council, we just require that the application be in before the plat expires. So, they are in and were submitted before the plat expired. So, continuing it out for a month or whatever that it won't affect the expiration. De Weerd: Okay. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And the reason he asked for this time extension was medical reasons, so -- I move we continue H-2015-0002 to November 17th, 2015. Meridian City Council October 20, 2015 Page 8 of 20 Milam: Second. De Weerd: I have a motion and a second to continue Item 7-A to November 17th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Hacienda Subdivision No. 5 (H-2015-0003) by Jayo Investments, Inc. Located East Side of N,. Meridian Road, Midway Between Chinden Boulevard and E. McMillan Road. 1. Request: Final Plat Approval Consisting of Forty-Nine (49) Residential Lots and Nine (9) Common Lots on Approximately 9.51 Acres of Land in an R-8 Zoning District De Weerd: Item 7-B is -- is the next item. Not a public hearing. Final plat. Beach: Good evening, Madam Mayor, Members of the Council. This is Hacienda Subdivision No. 5. This is the final phase of Hacienda South Subdivision. It consists of 49 residential lots, five common lots on approximately 9.51 acres in the R-8 zoning district. This final plat is consistent with what was approved for the preliminary plat in open space and in number of lots. Staff is recommending approval. Stand for any questions. De Weerd: The only question -- this isn't on the Consent Agenda because we didn't hear from the applicant in time? Beach: Correct. We actually just heard from them this afternoon finally, so that's why it wasn't put on the Consent Agenda. De Weerd: Okay. So, another question to put you on the spot. Beach: Sure. De Weerd: What's with the numbering? Rountree: New system. Milam: With an FP. Zaremba: It's a new system. They told us about it a month or two ago. Rountree: One number for all the actions. De Weerd: Uh. Okay. Council, do you have any questions of the applicants on this item? Meridian City Council October 20, 2015 Page 9 of 20 Zaremba: I was just going to comment as I recall it was because the old system you couldn't connect the different applications that may have come in in parallel and this is a new way to keep annexations and plats and CUPs together. De Weerd: The nicer thing about the old system -- and it's not like you can't teach old dogs new tricks, but at least you knew if it was a final plat, if it was a preliminary plat, it was -- you had a better idea of what it was without reading the description. Holman: Madam Mayor? De Weerd: Yes. Holman: We are trying to format it so you can see that. So, if you can see, we have underlined what it is under each item, but if you have any suggestions for how you want to see it on the agenda, we are open and we are h appy to make it easier. That's just what we thought works, but if it doesn't let us know what you think will work and we can change it. De Weerd: Just remember old dogs, new tricks. Okay. Council, any questions on this? If not, I would entertain a motion. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve 7-B, H-2015-0003. Bird: Second. De Weerd: I have a motion and a second to approve Item 7 -B. Any discussion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: For the purpose of the new numbering system, so our motions -- and maybe it's -- need to include the specific reference to final plat, annexation, et cetera? Nary: Madam Mayor, Council Member Borton, yes. Borton: Okay. Nary: Since there is only one item here it's probably not necessary, but in the future, yes, the specific items that you were intending, you would either mention them as a whole or you can make them individually and identify them -- Meridian City Council October 20, 2015 Page 10 of 20 Borton: Make that as the text in the motion. Okay. De Weerd: See, it's all on you. Okay. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Shelburne Subdivision No. 1 (H-2015-0004) by Shelburne Properties, LLC Located 1/4 Mile East of S. Eagle Road and North of E. Amity Road 1. Request: Final Plat Approval Consisting of Forty-Eight (48) Building Lots and Twelve (12) Common Lots on 19.42 Acres of Land in the R-4 Zoning District De Weerd: Item 7-C is a final plat on H-2015-0004. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we don't have any questions or anything -- De Weerd: Well, would just ask the staff to present it and, then, I will -- oh, that's right. Rountree: They want to continue it. De Weerd: You want to continue -- and as Mr. Bird has -- had stated on the earlier one, the reason for the request, do we know why this -- Hood: So, Madam Mayor, I can help a little bit with that. This -- this final plat came in with an exceedence of the requirement for the first phase. There was a cap of 40 lots and they submitted 48 lots, so we are waiting for a revised final plat that has the 40 or less lots in this first phase as required with the preliminary plat. So, it's inconsistent right now with the preliminary plat condition, so -- De Weerd: Nice job. Okay. Mr. Bird. Bird: Madam Mayor. I move we continue H-2015-0004 to October 27th, 2015, for the reasons stated by planning director. Rountree: Second. Meridian City Council October 20, 2015 Page 11 of 20 De Weerd: I have a motion and a second to approve the continuance of this item, 7-C, to October 27th. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. De Weerd: Council, it looks like maybe Andrew Clifford is here. Is he? Andrew, come on forward. I guess we -- we did want to acknowledge you and your tenacity in pursuing the permission from Disney to bring this to our -- one of our traffic boxes. Would love to congratulate you and I know the Council wanted to acknowledge your efforts. Clifford: Thank you. I also -- I got a lot of help and encouragement from Mrs. Hillary Bodnar and Mrs. Emily Kane during this process of getting permission from Disney. So, I'm very excited that it passed, so thank you. De Weerd: Well, we are, too, and I know Council Member Milam mentioned this was her all time favorite, so you made her day. Milam: Great job. Rountree: We have some folks that need convincing as well. Maybe we could hire you to -- Clifford: Thank you. De Weerd: Well, thank you for joining us after -- did you have a swim meet tonight? Clifford: Yes. I just got out. Yeah. De Weerd: Well, we hope you won. Clifford: Yes. Thank you. De Weerd: Okay. Well, thank you for being here and congratulations. Clifford: Thank you. Milam: Thank you. Great job. Item 8: Department Reports A. Legal Department: City Code re-draft of Title 2 pertaining to Commissions and Committees De Weerd: Thank you, Mrs. Milam. Okay. Item 7 -- or 8-A is under department reports. I will turn this over to our legal department. Meridian City Council October 20, 2015 Page 12 of 20 Nary: Thank you, Madam Mayor, Members of the Council. Council, I know you like to have these types of discussions on ordinance revisions at your workshop, but we were a little booked up last week and so I thought we would bring this forward this week. This is not a drastic change to our ordinance structure, but, basically, what you have in front of you -- and I have handed out a revised copy that has some yellow highlights on it and there is a couple of things that have even been amended since then. One is just a typographical error on the first page and we have fixed that. But, basically, what's in front of you is to create a standardized format for all of our commissions and to create a -- a clearer definition in our code as to what the purpose of a commission is, how they are formed and what the purpose of a committee can be and how they are formed and that way there would be no question sometimes between what's a commission and what's a committee and the committee is used sort of as a collective term for boards, for task forces, for coalitions or other types of groups that aren't the formalized structure of the commission process. The reason they are -- so, what you will have in front of you is a new -- when we did this we restructured the code so the reason -- when you're looking at this it is in a format you have seen before, which is a strike out and underline format, is because we took the entire code and are asking to replace it with this code and what you have in the first section is, basically, the definition of commission. There is an appointment section that basically allows all the commissions to be the same size, which means they can be up to nine. We have varying amounts of size of commissions. Some of them are up to nine, some have a minimum requirement, some have a fixed number of five, some have a fixed number of six, and so we felt it was more important that they all be very similar in type, because, again, we are looking for public participation and if there are people that are interested and want to participate, we want to be sure they have the opportunity to do so. Most of the language is either currently in the city code or taken from the state code. For example, there is a term limit requirement in the state code, an amount that would be for planning and zoning commissions, so that's identified here. We did -- it is separated in our current city code for youth commissioners to serve one year terms. All the rest will be three year terms. Currently the Planning and Zoning Commission has a six year term. Sometimes that's kind of daunting to people to participate to have a six year term in front of them, but the state code minimum is three, so it can be the same as every other commission. All of our other commissions are currently three. On reappointments and expirations of terms, currently it's done in a -- the traditional way of doing is we do provide it to the public, if they have an interest in participating in a commission opening. This just codifies that saying every time a commission opening occurs we would notify the public so that, again, if there is interested people in our community that want to participate they would know. We put some successive terms on there, too, because sometimes, again, it's good to get some changeover, but we also want to make sure that if you have long-term commissioners that the Council -- Mayor and the Council want to continue that there is a mechanism to do it. What I did was I took the section in the state code that's exactly the same in regards to planning and zoning commission. What it says in the state code is that the planning and zoning commissioners can only serve two terms -- successive terms, unless they are retained by two-thirds of the governing board. Well, two-thirds of your board is a majority of the board, that's the same number, so that seems kind of inconsistent, that's why we changed that to unanimous that, again, if the board -- the Council wants the Meridian City Council October 20, 2015 Page 13 of 20 commissioners to remain, they can, it would just require a unanimous vote of all of the Council. A termination clause. This one I have added from what you have seen and this is really -- we have had -- one of the comments back that we received in regards to commissions is occasionally we have some commissioners that for varieties of reasons can't participate or come to the meetings, either based on their job or their work life or personal life or whatever and we are not I guess looking at that as anything that we would want to pass any judgment on, but, again, you want people to participate and be there. So, I just picked a number of half. I mean if that's -- if that's adequate or if that's too much to miss -- but what I -- what I did in creating -- in crafting the termination clause was it didn't come back to you all to have to vote on as a second time, we felt that if somebody missed half of the meetings, then, really, we would just notify them tha t their appointment is terminated, so that way we could, then, advertise for a new position, a new opening and restart the process. Again, if half is too many, that's partly what the discussion is for, if you would like to -- if you want it to be less than that. We felt right now -- some commissions operate kind of informally. After two or three absences there has usually been a conversation sometimes with the chair and the member saying, you know, do you really want to be here, we really need people. Sometimes it can be a quorum issue for some of the commissions, because someone can't be here very often. So, trying to figure out what's the -- what's the happy medium between excused absences based on things that are kind of out of their control, as well as people that just can't be here for a reason that's, you know, something that they just don't have the time or the ability to come. That's why I came up with half. Again, whatever your desire is is fine. The committees, again, are a little bit less formal, because the committee is under, the way the code is structured, if you -- if it's a committee that's not formed by a legislative act, so it's not formed by an ordinance, it has that informal nature to it, it's really for a specific function or a specific charge, like, for example, a few years ago with our precious metals issue, we had some interested citizens that wanted to be a part of that, we formed a committee to do that, so that they could kind of vet out the concerns that were had. It wasn't meant to be long lasting, it was meant for one specific purpose, it got done and, then, we moved on. If you look at the sections on the commissions themselves, all of the language in there is what's already in your code, so there is nothing new for most of the commissions, but I will highlight what I have changed. Some of the commissions there is a section under budget. Some of our commissions are able to receive funds from other sources. The arts commission receives donations. The Planning and Zoning C ommission under state law has the ability, if you provide them a budget, to use that budget to hire people to assist them with their work. We haven't ever had that need, but state code does allow that. We also -- the -- the parks commission or, excuse me, the -- yeah, the parks commission can receive funds from other sources and the solid waste commission can receive funds from the -- the recycling program. So, I wanted to make sure it was clear in the budgetary section that they can receive funds, but, again, it always comes back through you. It has to follow the city's policies, they have to follow the city's rules in regards to how they are expended and if they are managed by a department, then, the department is responsible for it. If they don't have a specific department they are attached to, they have a designated city liaison for each commission that is responsible for the -- for the processing of the expenditures or receiving of funds. So, that language is a little different than what you may have seen in some of the others. The only other one that Meridian City Council October 20, 2015 Page 14 of 20 asked for a couple of changes in regards to their duties is the parks commission, there is items ten and 11, the old plan said Comprehensive Plan, their new plan is called the Master Plan. So, it just changed the language to meet what the new language was going to be and, then, number 11 just talks about the city's Comprehensive Plan, but it didn't make reference to the other things we have, pathways and downtown plans and Ten Mile plans and those things, so it just tries to include that anything related to parks and recreation are things that go to the parks and recreation commission . Everything else I believe, again, is the same. We didn't include any adjustments to the board of adjustment, because that's a very specific purpose board for a very specific -- for very specific types of issues and we didn't see a need to change that specifically and the only other thing I would point out is in the committee language it indicated that it doesn't apply to the impact fee committee and, again, that's specifically because the state code governs how the impact fee committee is managed and handled and it's actually a completely different section of our code, so I didn't want a future person reading it and mixing up the two. So, those are really the changes. That was the purpose that we are bringing it before you and if you have any changes or anything else you would like us to do before we bring it forward or we can bring it forward at any point you direct. De Weerd: Council any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Had a couple of typos that I marked that I will give to you -- Nary: Okay. Thank you. Zaremba: -- to do, but I had two subjects that I actually wanted to ask a question about. One of them is in Chapter 1.211, commissions, A-3. It says the City Council may eliminate any commission at anytime by repealing the commission's enabling ordinance. That actually isn't true of P&Z. I think you alluded to the fact that that's a state requirement. It could be the Council that is the P&Z. In some smaller cities it is. But is that what the -- unless different procedure is required by Idaho Code is addressing that you can't eliminate P&Z? Nary: Yes. Council Member Zaremba, that's exactly what that provision was for -- Zaremba: Okay. Nary: -- and you can eliminate the P&Z entirely if you want to be the commission. So, it isn't that the Council becomes the commission, you actually are eliminating a planning and zoning commission when you do that, you're just becoming the commission. So, it's -- it's a nuance of difference, but, yeah, that was the purpose of that language. Meridian City Council October 20, 2015 Page 15 of 20 Zaremba: Okay. I thought when that happened the City Council had to close their meeting and open a new one as the P&Z commission. Nary: They do not. They would just become the commission. Zaremba: All right. All right. So, that covers that one. And, then, let's see, still -- still in commissions 211.B-3, compensation. All commission members and the officers shall serve without salary or compensation. My question on that one is several of the commissions and boards list staff members or City Council people as members of the commission, even if they are ex-officio. On the board of adjustment they are not ex- officio, they actually are members. So, I would like to suggest something -- and it doesn't have to be worded exactly this way, but let's discuss whether this is necessary. I would add a sentence that says: Where members are designated to be City Council, city staff, or staff of another government agency, such members' regular pay shall not be reduced or enhanced due to service on the commission or board or coalition or whatever, you know, so that they don't have to be docked pay to serve on it or they don't get extra pay. It shouldn't affect their regular pay, so -- I have some wording here, but I want to ask whether we should include that. Nary: Madam Mayor, Members of the Council, Council Member Zaremba, I mean surely I have no problem in adding it. I mean currently the -- the commission that has staff members as members of the commission, they don't receive any additional compensation for being part of that, but I think it -- you're right, it's clarity that it isn't part of it. Zaremba: I wouldn't want somebody to come along from the public and say, okay, you're on this commission, you need to be docked your pay during the time that you're on that commission. Nary: Totally understand. So, I could certainly add that language. Zaremba: Yeah. Milam: Madam Mayor? Zaremba: Okay. Milam: Were you done, David? Sorry. Zaremba: I will give you the other one. Nary: Okay. Thank you. De Weerd: Mrs. Milam. Milam: In that regard, which I wasn't really going to comment on, but I guess you could just say that no commissioner will be paid to be on this committee. But my question is Meridian City Council October 20, 2015 Page 16 of 20 more regarding membership and I kind of e-mailed you earlier on it, but, then, we never -- I never finished my conversation with you. So, the -- it seems that the membership qualifications are very different and that it makes sense in a lot of ways -- and I guess specifically what I'm referring to is some of them list that city council members and staff and -- or attorneys and some don't, even if there are staff or attorneys present. So, I'm just wondering if they should all be the same or if there is a reason -- maybe there is a reason why it's not listed on certain -- like, for example, the arts commission, as an example, on the arts commission it doesn't say anything about staff or legal, however, staff and legal are present at every meeting and so I just -- maybe it's not a requirement and that's why it's not in here or if it needs to be added. Because some of them do specifically list out staff and legal. So, I just think they should all be the same or -- Nary: Madam Mayor, Members of the Council, Council Woman Milam, so I think some of it probably -- and, again, we can go through it to make sure it's the same -- consistent throughout, because I agree with you, that's the point of what we are trying to accomplish. When I -- when I got here 11 years ago we didn’t have staff on any commissions except planning and zoning and we -- I think it's important that we have legal representation at every commission. So, we do have legal staff there. Some of them have staff dedicated to them, like the Planning and Zoning Commission or transportation, some of them have staff that are -- and it's in the ordinance and some have staff that have either over time have felt there is a need, like the arts commission to have staff people to assist them with whatever they need. So, we can add it in if you would like and that way it's consistent throughout. All of the commissions will always have legal staff present and they will always have some -- that's why I used it in the budget section, but we can certainly put it in the membership that there is staff that they are there to provide support. I think the only one currently that has staff on the commission is the solid waste commission and there are staff and council members listed as ex officio members for the transportation commission. But we can certainly make that consistent throughout, if that's your desire. I mean, again, we trying to be consistent, so that certainly makes sense. Milam: Yeah. I think that if they are going to be there that it should probably be in there and either -- whether it's on the membership section or in the general section, if it's going to be -- if it is going to be the same with everyone, you just put -- there would be just a section in the beginning that says each commission will have a Council person serving as an ex officio, non-voting member, or it could be a membership. I don't know what -- what's better for that. I just think that -- I mean also it was the historical preservation commission had nothing listed on it, so -- Nary: If it's all right with you, Madam Mayor, Members of the Council, Council Woman Milam, I think you -- I think you have hit it very -- I think the general section makes the most sense, because it is going to be the same throughout and so we will include staff, Council liaison, and legal staff to be present as part of that and, again, the staff can vary, obviously, by need, but -- but we can list that in the general section if you would like, so -- Cavener: Madam Mayor? Meridian City Council October 20, 2015 Page 17 of 20 De Weerd: Mr. Cavener. Cavener: Madam Mayor. Bill, maybe you can refresh my recollection. HPC doesn't currently have a member of Council that serves ex officio. Well, then, I stand corrected. And my apologies to Councilman Borton. Borton: Apology accepted. Cavener: Thank you. De Weerd: Okay. Any other questions, concerns, additions you would like to see happen? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Bill, I should have -- I should have mentioned it earlier and I didn't and I can give you some suggestion -- looking at like 2.2.6, the budget paragraph, I get a sense of what's intended there, but, you know, it's one sentence without punctuation and it's -- it was just the opening caught me. The budget for the arts commission with approval, the board, the commission may receive it -- it doesn't actually say what I think it intends to say. You know, for example, that -- I read that as though it should say -- using this one as an example, the arts commission, comma, with approval of the governing board, may receive and expend funds, yada, yada, yada, and if before the next time that could be broken into a few sentences and claimed. Because as written it doesn't make much sense to me. Nary: Madam Mayor, Members of the Council, Council Member Borton, I will certainly clean up the language. I actually stole it from the Ida ho Code, because that's the way it's written for planning and zoning commission. Borton: Not a good idea. Nary: So, I will clean that up and -- before we bring it back. Rountree: It makes sense now that you explained that, Bill. De Weerd: Okay. Anything further? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: 2.11, number eight, regarding termination. I have been sitting here going back and forth and I guess I thought of a scenario which a member who isn't attending in August and they are not necessarily terminated until June of the following year, so they Meridian City Council October 20, 2015 Page 18 of 20 quit attending in August of 2015, it wouldn't be until June of 2016 that they would be automatically terminated. So, I don't know if there is any thought of either changing that to maybe three successive meetings or six successive meetings or consecutive meetings or six meetings in a 12 month period , but it says one half the meetings that are held in a calendar year. I don't know if this is a problem that's in need of a solution or if I'm a solution looking for a problem, but envisioning a scenario where if we are talking about an automatic termination, because we have got someone who isn't attending and they get more -- easier for that to automatically -- De Weerd: I guess I would just answer that that it hasn't been a problem in these recent years, but it has certainly been a challenge in the past. So, I think adding some further clarity on exactly what that means would be important, so it is without question. Cavener: Great. De Weerd: Okay. So, we will bring this back. If you have anything further, please, feel free to contact Bill and -- Item 9: Ordinances A. Ordinance No. 15-1663: An Ordinance Amending Meridian City Code as Codified at Title 11, Entitled Unified Development Code Pertaining to Drive Through Establishments as a Conditional Use in the O-T Zoning District; and a Modification to the Associated Specific Use Standards Listed in Unified Development Code 11-2D2; and Providing an Effective Date De Weerd: Okay. So, 9-A is Ordinance 15-1663. I'm glad to see these numbers haven't changed. Madam Clerk, will you read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 15-1663, an ordinance amending Meridian City Code as codified at Title 11, entitled the Unified Development Code of the Meridian City Code, pertaining to drive-thru establishments as a conditional use in the O-T zoning district and a modification to the associated specific use standards listed in Unified Development Code 11-2D.2 and providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard this ordinance by title only. Is there anyone who would like to hear it read in its entirety? It should be really interesting. Milam: Madam Mayor? Seeing none -- De Weerd: Mrs. Milam. Milam: Before anybody decides to raise their hand. I move that we approve Ordinance 15-1663 with suspension of rules. Meridian City Council October 20, 2015 Page 19 of 20 Bird: Second. De Weerd: I have a motion and a second to approve the Ordinance 9-A. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: Other Items De Weerd: Item 10 is future agenda items for consideration. Anything under this item? Okay. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I just wanted to comment that the people that are here for civics classes and merit badges are getting off easy tonight. Item 11: Executive Session Per Idaho State Code 74 -206(d)(f): (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code; (f) To Consider and Advise Its Legal Representatives in Pending Litigation De Weerd: Yes and no. This is a shorter meeting than normal, but certainly the topics weren't all that riveting. So, I would say you have earned -- you have earned it in a shorter amount of time, so congratulations. Council, I would entertain a motion to adjourn into Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 74 -206, (1)(d), (1)(f). Milam: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. Meridian City Council October 20, 2015 Page 20 of 20 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (6:41 p.m. to 8:21 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Rountree: Move to adjourn. Bird: Second. De Weerd: I have a motion to adjourn. All those in favor? All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:21 P.M. (AUDIO.CORDING -ON FILE OF THESE PROCEEDINGS) y I s MAYOR,/TAMMY MY de WEERD DATE APPROVED ATTEST D, u�UST !o Ow City of CEE OLMAN, CITY CLERK a i , AHO r1� SEAL ' ��Ge TR 09�,�' Item #713: Hacienda Subdivision No. 5 (H-2015-0003) Application(s): ➢ Final Plat Size of property, existing zoning, and location: This site consists of 9.51 acres of land, is currently zoned R-8, and is located on the east side of N. Meridian Road, midway between Chinden Boulevard and E. McMillan Road History: Annexation and a preliminary plat for this site were approved in 2013. Summary of Request: The proposed final plat consists of forty-four (49) residential lots and five (5) common lots on approximately 9.51 acres of land in the R-8 zoning district. The gross density of the development is 5.15 dwelling units per acre. All of the lots proposed in this subdivision are for single-family detached homes and comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6. There is an existing home and accessory structures on this site that are proposed to be removed with the construction of the subdivision. Written Testimony: Scott Prillaman, Applicant's representative in agreement with the conditions in the staff report. Staff Recommendation: Approval Notes: Meridian City Council Meeting DATE: October 20, 2015 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Approve Minutes Approve Minutes of October 6, 2015 City Council Meeting 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: October 20, 2015 ITEM NUMBER: 5B PROJECT NUMBER: PP 15-01 ITEM TITLE: Triology Subdivision Findings of Fact, Conclusions of Law: PP 15-015 Trilogy Subdivision by Conger Management Group Located Southeast Corner of W. Chinden Boulevard and N. Black Cat Road Request: Preliminary Plat Approval Consisting of One Hundred Forty -Four (144) Single Family Residential Lots and Nine (9) Common Lots on Approximately 28.16 Acres in the R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 20, 2015 ITEM NUMBER: 5C PROJECT NUMBER: MDA 15-009 ITEM TITLE: Triology Subdivision Findings of Fact, Conclusions of Law: MDA 15-009 Trilogy Subdivision by Conger Management Group Located Southeast Corner of W. Chinden Boulevard and N. Black Cat Road Request: Modify the Recorded Development Agreement (Inst. # 107025553) for the purpose of updating certain sections of the DA to reflect the design changes to the proposed Trilogy Subdivision MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 20, 2015 ITEM NUMBER: 5D PROJECT NUMBER: FP 15-032 ITEM TITLE: Normandy Final Order for Approval: FP 15-032 Normandy Subdivision No. 1 by Schultz Development Located 4145 S. Locust Grove Road Request: Final Plat Approval Consisting of Forty -Four (44) Building Lots and Seven (7) Common Lots on 11.03 Acres of Land in the R-8 Zoning District MEETING NOTES 4 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: October 20, 2015 ITEM NUMBER: PROJECT NUMBER: FP 15-03 ITEM TITLE: Paramount Final Order for Approval: FP 15-033 Paramount Subdivision No. 30 by SCS Brighton LLC, Located North Side of W. McMillan Road and East of N. Linder Road Request: Final Plat Consisting of Fifty -One (51) Building Lots and Two (2) Common Lots on 16.49 Acres of Land in the R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 20, 2015 ITEM NUMBER: 5F PROJECT NUMBER: AZ 15-009 ITEM TITLE: Creason Creek Findings of Fact, Conclusions of Law: AZ 15-009 Creason Creek Subdivision by CS2, LLC Located Near Southeast Corner of N. Linder Road and W. Ustick Road Request: Annexation and Zoning of 16.08 Acre of Land from the RUT Zoning District to the R-8 Zoning District MEETING NOTES r 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: October 20, 2015 ITEM NUMBER: PROJECT NUMBER: PP 15-014 ITEM TITLE: Creason Creek Findings of Fact, Conclusions of Law: PP 15-014 Creason Creek Subdivision by CS2, LLC Located Near Southeast Corner of N. Linder Road and W. Ustick Road Request: Preliminary Plat Approval Consisting of Fifty - One (51) Single Family Residential Lots and Eight (8) Common Lots on Approximately 15.75 Acres in a Proposed R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 20, 2015 ITEM NUMBER: 5H ITEM TITLE: Christmas in Meridian Christmas in Meridian 2015 Sponsorship Agreement Between Commercial Tire and the City of Meridian for a Not -to -Exceed Amount of $750.00 MEETING NOTES R r Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CHRISTMAS IN MERIDIAN 2015 SPONSORSHIP AGREEMENT This CHRISTMAS IN MERIDIAN 2015 SPONSORSHIP AGREEMENT ("Agreement") is made on this J2-vty of Omsac , 2015 ("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 Commercial Tire, whose address is 2095 East Commercial Street, 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 Christmas in Meridian events. The specific sponsor position and benefits insured to Sponsor throughout the term of this Agreement shall be attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on November 9th, 2015, Sponsor shall prepay to City seven hundred and fifty dollars ($750.00). In the event the Sponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the Christmas in Meridian program is discontinued or shortened for any reason, no portion of the amount prepaid shall be refundable. 3. Promotion. a. City's efforts. With regard to Christmas in Meridian, City shall undertake the promotional and advertising efforts enumerated for sponsors in the Christmas in Meridian 2015 Sponsorship Packet, attached hereto as Exhibit A. 4. Term. The term of this agreement shall be from the Effective Date through December 31, 2015, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2015 Christmas in Meridian schedule shall include the Winter Lights Parade, Downtown Business Decorating Contest and Children's Winterland Festival events, but cancellation of any or all may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling Christmas in Meridian events and activities related thereto, including any and all related activities by Sponsor. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment, materials, or personnel used or employed 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 CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 1 of 5 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. 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 two (2) days after such notice is sent to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon written notice of such termination by the terminating party. b. No compensation upon termination. In the event of termination, 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. 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from Christmas in Meridian, 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 CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 2 of 5 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 and event rules. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. Sponsor shall also comply with all written rules and regulations that govern Christmas in Meridian events in which they are participating including but not limited to Winter Lights Parade rules and regulations. 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. CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 3 of 5 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 sending an e- mail message, addressed as follows: Sponsor: Brady Hansen 208-888-8863 bhansen@commercialtire.com CAA Colin Moss 208-888-3579 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. 24. 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. 25. 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. SPONSOR: rized presentative Signature /St -Ab y 1-1-4NSEN Please Print Name CITY I= Tammy AUGUSl I �9 eerd, Mayor E IDIAN-- IDAND SEAL rvti r6Ae�th, TREhSU4�� /�(.y�M47_W/G �W 0.—' rOA Title Date ATTEST: t Jaycee Dolman, City Clerk CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 4 of 5 Exhibit A 2015 CHRISTMAS IN MERIDIAN SPONSORSHIP PACKET Winter Lights Parade Center Stage Sponsor For $750 you will receive: • Recognition in all media as the Center Stage Sponsor for the Winter Lights Parade. Positioned as "Center Stage sponsored by [Business Name]." Center Stage will be located in Generations Plaza and will house the parade emcees and judges. • Your logo with a link to your website on the Christmas in Meridian website recognized as the Center Stage Sponsor. • Your logo and a link to your website in all Christmas in Meridian e-mail blasts sent to our distribution list of over 9,000 e-mail addresses. • Your logo and a link to your website on the Christmas in Meridian event listing on the Meridian Parks and Recreation page on Facebook. • The opportunity to hang one banner no wider than eight feet on the Center Stage. CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 5 of 5 Meridian City Council Meeting DATE: October 20, 2015 [0AA1VL1l1jA1_qM_ PROJECT NUMBER: ITEM TITLE: Kathy Drury -Bogle Consulting Agreement for Professional Services with Kathy Drury -Bogle Consulting, LLC for Human Resources Consulting for FY201 6 for the Not -to -Exceed Amount of $24,000.00 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 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made tlu s ®�� day'of t%% , 201 S, 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 KATHY DRURY-BOGLE CONSULTING, LLC, hereinafter referred to as "KATHY DRURY- BOGLE CONSULTING, LLC", 4222 S. Pinerest Way, Boise, Idaho 83716. Scope of Services: KATHY DRURY-BOGLE CONSULTING, LLC shall perform all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Exhibit "A' and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on September 30, 2016 unless earlier terminated or extended. 3. Indemnification and Insurance: KATHY DRURY BOGLE CONSULTING, LLC 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 caused or incurred by KATHY DRURY-BOGLE CONSULTING, LLC, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. KATHY DRURY-BOGLE CONSULTING, LLC shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. 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, KATHY DRURY-BOGLE CONSULTING, LLC covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. Additionally, KATHY DRURY-BOGLE CONSULTING, LLC shall maintain Workers Compensation Insurance, in the statutory limits as required by law. KATHY DRURY-BOGLE CONSULTING, LLC shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing KATHY DRURY-BOGLE CONSULTING, LLC's compliance with the requirements of this paragraph and file such proof of insurance with the CITY. In the event the insurance minimums are changed, KATHY DRURY-BOGLE CONSULTING, LLC shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Clerk with a copy to Human Resources Consulting Agreement - KATHY DRURY-BOGLE CONSULTING, LLC —page I of 5 Meridian City Human Resources, 33 East Broadway Avenue, Suite 308, Meridian, Idaho 83642. 4. Independent Contractor: In all matteAATertaining to this agreement, KATHY DRURY-BOGLE CONSULTING, LLC shall be acting as an independent contractor, and neither KATHY DRURY-BOGLE CONSULTING, LLC nor any officer, employee or agent of KATHY DRURY-BOGLE CONSULTING, LLC will be deemed an employee of CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5. Presentation Materials: All materials prepared for the purpose of this agreement as well as any and all materials actually used in the presentation of the services contemplated by this agreement shall be the property of the CITY. 6. Compensation: KATHY DRURY-BOGLE CONSULTING, LLC shall be compensated for professional human resources services pursuant to and specified in attached Exhibit "A." During the remainder of this agreement, if the CITY uses KATHY DRURY-BOGLE CONSULTING, LLC for the same or additional training then a new Scope of Work shall be prepared and incorporated by reference with this Agreement. 7 Method of Payment: KATHY DRURY-BOGLE CONSULTING, LLC will invoice the City of Meridian Human Resources Department at 33 East Broadway Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this Agreement at the end of each month. The CITY will pay all invoices within thirty (3 0) days after receipt. 8 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 snail, certified, return receipt requested, addressed as follows: City Clerk City of Meridian Attn: Human Resources 33 E. Broadway Avenue Meridian, Idaho 83642 KATHY DRURY-BOGLE CONSULTING, LLC 4222 Pinerest Way Boise, Idaho 83716 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. Human Resources Consulting Agreement - KATHY DRURY-BOGLE CONSULTING, LLC — page 2 of 5 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing parry 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. 10. 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. 11. Assignment: It is expressly agreed and understood by the parties hereto, that KATHY DRURY-BOGLE CONSULTING, LLC 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. 12. Discrimination Prohibited: In performing the Services required herein, KATHY DRURY-BOGLE CONSULTING, LLC shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 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. 14. 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 KATHY DRURY-BOGLE CONSULTING, LLC'S records with respect to all matters covered by this Agreement. KATHY DRURY-BOGLE CONSULTING, LLC 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. 15. 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. Human Resources Consulting Agreement - KATHY DRURY-BOGLE CONSULTING, LLC —page 3 of 5 16. Compliance with Laws: In performing the scope of services required hereunder, KATHY DRURY-BOGLE CONSULTING, LLC shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of KATHY DRURY BOGLE CONSULTING, LLC's compensation, which are mutually agreed upon by and between the CITY and KATHY DRURY-BOGLE CONSULTING, LLC, shall be incorporated in written amendments to this Agreement. 18. Termination: If, through any cause, KATHY DRURY-BOGLE CONSULTING, LLC, 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 KATHY DRURY-BOGLE CONSULTING, LLC of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. KATHY DRURY-BOGLE CONSULTING, LLC may terminate this agreement at any time by giving at least fifteen (15) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by KATHY DRURY-BOGLE CONSULTING, LLC under this Agreement shall, at the option of the CITY, become its property, and KATHY DRURY-BOGLE CONSULTING, LLC shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, KATHY DRURY-BOGLE CONSULTING, LLC shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by KATHY DRURY-BOGLE CONSULTING, LLC, and the CITY may withhold any payments to KATHY DRURY-BOGLE CONSULTING, LLC for the purposes of set-off until such time as the exact amount of damages due the CITY from KATHY DRURY-BOGLE CONSULTING, LLC is determined. This provision shall survive the termination of this agreement and shall not relieve KATHY DRURY-BOGLE CONSULTING, LLC of its liability to the CITY for damages. 19. 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. Human Resources Consulting Agreement - KATHY DRURY-BOGLE CONSULTING, LLC —page 4 of 5 20. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 21. 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. 22. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. KATHY DRUR.Y-BOGLE CONSULTING, LLC. 4ru-ary ogle Manager Human Resources Consulting Agreement - KATHY DRURY-BOGLE CONSULTING, LLC —page 5 of 5 EXHIBIT "A" Scope of Work To create an employee development program. Delivery of content developed may also be within scope of this contract. Kathy Drury -Bogle will work up to 20 hours per month, working either at home office or on-site at City of Meridian during regular Monday through Friday week day hours. Additional hours or reduction of hours can be negotiated on an as -needed basis. Services Requested The services requested by Kathy Drury -Bogle Consulting, LLC, will include but will not be limited to the following: ■ Review of existing training content • Identify course content and develop descriptions ■ Develop course materials (Facilitator and Participant) and customize to City of Meridian's needs ■ Make course material purchase recommendations for external resources to align with program requirements ■ Deliver courses to employees ■ Train internal staff to deliver courses ■ Provide ongoing support on utilization of employee training programs / curriculum • Utilize purchased curriculum and design, develop, and customize a facilitator guide, PowerPoint presentation, and worksheets/handouts for City selected training courses. Courses will utilize experiential learning techniques to engage learners and allow them to practice concepts introduced in the class. • Provide all course materials in Microsoft Word format. Course materials will be the property of the City of Meridian and will be able to be customized and utilized for different employee groups. • Dates will be determined by both the City of Meridian schedule and Kathy Drury Bogle Consulting availability. Roles and Responsibilities of the City of Meridian • Provide purchased curriculum and information needed to adequately customize the course for your needs. • Provide timely feedback regarding course materials regarding any revisions you wish to be made. • Provide the training goals/objectives. • Provide the training venue (location), copies of course materials, and other training materials (flipchart or white board, LDS Projector — if you would like a PowerPoint slide show to support the class), TV and DVD player. • Provide timely payment of services (within 45 days of the final service) Cost: Fee Schedule 0 Hourly rate of $100.00 Meridian City Council Meeting DATE: October 20, 2015 ITEM NUMBER: 5J PROJECT NUMBER: ITEM TITLE: Meridian Heights Asset Transfers Asset Transfers from Meridian Heights Water and Sewer,District to City of Meridian 1. Documents to be approved include: 2. Bill of Sale for Personal Property and Accounts 3. Quitclaim Deed for Water Rights 4. Quitclaim Deed for Meridian Heights Well Lot 5. Quitclaim Deed for Kentucky Ridge Well Lot 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 BILL OF SALE The Meridian Heights Water & Sewer District, a political subdivision of the State of Idaho, does hereby irrevocably transfer and deliver to the City of Meridian, Idaho, an Idaho municipal corporation, all, of its right, title and interest in the personal property described in Exhibit A, attached hereto and incorporated by reference herein, in an "AS -IS" CONDITION, without making any representations as to the quality or fitness of said property for any purpose whatsoever. The City of Meridian, Idaho, hereby accepts the above -referenced personal property in an "AS -IS" CONDITION, after having examined said personal property and is relying upon its own judgment as to the suitability of the personal property for its intended use. The City of Meridian hereby agrees to indemnify and hold harmless the Meridian Heights Water & Sewer District from any liability for any property damage or personal injury claim of any description arising out of the use of said personal property. MERIDIAN HEIGHTS WATER & SEWER DISTRICT, An Idaho political subdivision By; s� j-- ordon Hamilton Its: Chairman ATTE T: P Gina Harris, District'- istrict` Clerk CITY OF MERIDIAN, IDAHO, An Idaho municipal corporation Date: i By: Date: 1 U/a U % I Ta eWeerd Its: Mayor ATTEST: acityof I1�IAN�-- faycee ft, lman City Clerk MA"o SEAL, t�'it TRE AS' Q EXHIBIT A Personal Property and Accounts 1. All personal property and equipment identified in the Valuations Northwest, Inc. Appraisal Report dated May 3, 2013, previously provided to the City, except that certain property sold as surplus by the District pursuant to Resolutions 14-1 and 14-7, attached hereto as Exhibit A-1 and incorporated herein by reference. 2. All accounts receivable of the District existing as of the Closing Date. 3. Water Right Permit Nos. 63-12157 and 63-12251. 4. All rights, title or interest in any other accounts receivable or accounts payable to the District existing as of the Closing Date, as defined in the Agreement for the Dissolution and Transfer of Assets and Liabilities From the Meridian Heights Water & Sewer District to the City of Meridian; Settlement Agreement and Release, effective October 4, 2013. QUITCLAIM DEED AND TRANSFER OF INTEREST IN REAL PROPERTY AND ACCEPTANCE PARTIES: Meridian Heights Water & Sewer Grantor 2589 S. Groom Way, Meridian, ID 83642 District P.O. Box 472, Meridian, ID 83642 City of Meridian Grantee 33 E. Broadway Ave., Meridian, ID 83642 This Quitclaim Deed and Transfer of Inter st in Real Property and Acceptance, made 20 effective as of the day of f , ,�by and between MERIDIAN HEIGHTS WATER & SEwER DISTRICT, ("Grantor" or "District" herein), an Idaho political subdivision, whose physical address is 2589 S. Groom Way, Meridian, Idaho 83642, and the CITY of MERIDIAN, ("Grantee" or "City" herein), a municipal corporation of the State of Idaho, whose address is 33 E. Broadway Ave., Meridian, Idaho 83642. ADA COUNTY RECORDER Christopher D. Rich 2015-0974! BOISE IDAHO Pgs=7 NIKOLA OLSON 10/21/2015 03:001 SECTION I. MERIDIAN CITY NO F RECITALS 1111111111111111111111111111111111111111111111111 00157965201500974970070077 The Parties recite and declare: 1.1 The District is the holder of Water Right No. 63-07307, evidenced and represented by Water Right Partial Decree No. 63-07307 issued to the District's predecessor in interest, the Meridian Heights Water & Sewer Association, Inc., a dissolved Idaho non-profit corporation, by the Fifth Judicial District of the State of Idaho, in and for the County of Twin Falls, In re SRBA, Case No. 39576, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference as if set forth in full. 1.2 By letter dated November 7, 2013, the District received confirmation of ownership change of Water Right No. 63-07307 from the Idaho Department of Water Resources, a copy of which is attached hereto as Exhibit B and incorporated herein by this reference as if set forth in fall. 1.3 The City has the authority and the right to acquire. either by purchase or other legal means, interests in real property necessary for the maintenance and improvement of water and sewer systems; and 1.4 The City Council of the City and the Board of Directors of the District have each determined that a quitclaim deed herein provided for to transfer the Water Right is advisable and in the public interest and facilitates the intent of the District for maintenance and improvement of its existing water and sewer systems by the City. In consideration of the mutual covenants contained in this quitclaim deed, the parties agree and act as follows: SECTION II QUITCLAIM DEED GRANT AND CONVEYANCE OF INTEREST IN REAL PROPERTY FOR CITY MAINTENANCE PURPOSES QUITCLAIM DEED AND ACCEPTANCE - I 2.1 The District does hereby grant, convey and release and quitclaim all right, title and interest, to the above mentioned real estate, including any and all rents, issues and profits thereof, which the District now has or may hereafter acquire, unto the City, and/or its assigns as hereinafter provided for, from the effective date hereof. SECTION III ACCEPTANCE OF GRANT AND CONVEYANCE FOR CITY MAINTENANCE PURPOSES 3.1 The City does hereby accept this conveyance of the Real Property herein provided for. WIT FESS WHERE F, this Quitclaim Deed and Acceptance has been executed on the _day of '� f%" k , 2014, with the intent that it shall be recorded in the office of the recorder of the County of Ada, State of Idaho. ATTEST: �16 =yy Gina Harris, Distri Clerk MERIDIAN HEIGHTS WATER & SEWER DISTRICT, an Idaho political subdivision Goryo Hamilton, Chairman i t CITY OF MERIDIAN, an Idaho municipal corporation Tammy Ike eerd, Mayor 0Rr,'f8D AUCCr ATTEST: G�cs Sl, `S1 9p' J ycee -e-F, City Clerk City 0{ ER,,JDIANq, •'� IpAHU SEAL T vv n� � Ihf YAEdS����P QUITCLAIM DEED AND ACCEPTANCE - 2 STATE OF IDAHO . ss. County of Ada In On this � day of bQ Cf ' '),ht)r in the year of 2014, before me, a notary public, personally appeared Gordon Hamilton, known or identified to me to be Chairman of the Meridian Heights Water & Sewer District that executed this Quitclaim Deed and Acceptance, and acknowledged to me that such District executed the same. ` DATED this 1 4�" day ofj7�� L) , 2014. (SWdA M HARRIS NOTARY PUBLIC STATE OF IDAHO STATE OF IDAHO County of Ada Notary Public for Idd�q Residing At: r My Commission Expires: On this Q0 day of 0 in the year of 201#; before me, a notary public, personally appeared Tammy DeWeerd, known or identified to me to be the Mayor of the City of Meridian, Ada County, State of Idaho, that executed this Quitclaim Deed and Acceptance, and acknowledged to me that such City executed the same. (SEAL) 01 DATED this cDO iay of 0QA-QbeY- vs - QUITCLAIM DEED AND ACCEPTANCE - 3 Notary Public f� ho Residing At: My Commission Expires: Water Right Report m H . Close IDAHO DEPARTMENT OF WATER RESOURCES Water Right Report 10/6/2014 WATER RIGHT NO. 63-7307 Owner Type Name and Address Current Owner MERIDIAN HEIGHTS WATER & SEWER DISTRICT PO BOX 472 MERIDIAN, ID 83680 (208)887-1052 Original Owner MERIDIAN HEIGHTS SUBDIVISION ,ID Original Owner SOUTHWEST DEVELOPMENT CO INC 212 10TH AVE S NAMPA, ID 83651 Priority Date: 03/10/1970 Basis: Decreed Status: Active Source Tributary GROUND WATER Beneficial Use DOMESTIC From 01/01 To 12/31 Diversion stateVolume 0.93 CFS 68.4 AFA Total Diversion 0.93 CFS Location of Point(s) of Diversion: WA Co. 01 Page 1 of 3 EXHIBIT "B" ' httn://www.idwr.idaho.gov/anus/ExtSearch/Rio,hf.Re.nortA]..q.n?RacinN„rnbPr=fi'I,P,rCPrn,i.n 1n/9/on7a State of Idaho r DEPARTMENT OF WATER "SOURCES M Western Region, 2735 Airport Way - Boise, Idaho 83705-5082 Rhone: (208) 334-2190 - Fax: (208) 334-2348 - Web Site: t wvvAdrvr.idaho.ga-v C. L. "BUTCH" OTTER Governor November 7, 2013 GARY SPACKAIAN Director MERIDIAN HEIGHTS WATER & SEWER DISTRICT PO BOX 472 MERIDIAN ID 83680 Re: Ownership Change in Water Right No's: 63-07307, 63-11671 Dear Applicants The Department acknowledges the receipt of correspondence changing ownership of the above referenced water right(s) to you. The Department has modified its records to reflect the change in ownership and has enclosed a computer-generated report for your records. However, Water Bight No.'s 63-12157 and 63-12251 have not been modified. These water right numbers are associated with water permits and an Assignment of Permit will need to be submitted to the Department in order to change them. If you do not want to change these water rights at this time please contact the department and a refund of $50.00 will be requested. Updating the ownership record for a water right does not reconfirm the validity of the right. When processing an ownership change notice, the department does not review the history of water use to determine if the right has been forfeited through five years or more of non-use. To read more about water right forfeiture, including how to protect a water right from forfeiture, please see Sections 42- 222 and 42-223, Idaho Code. Please note that as of July 1, 1996, water right owners are required to report any change of water right ownership and any change of mailing address of the owner of a water right, to the Department. Notice of the change must be provided to the Department within 120 days of the change. Change reporting forms are available from any office of the Department, or at www.ldwr.idaho.goy. Thank you for your patience and cooperation. If you have any questions concerning the enclosed information, please feel free to contact this office at 208-334-2190. Sincerely, dVda Rachel Sommer Office Specialist It Western Regional Office Enclosures: Assignment of Permit EXHIBIT "B" Water Right Report GROUND WA GROUND WA Sec. 25IITownship 03N Range 01WIlADA Sec. 25 Township 03N Ranee 01W ADA Place(s) of use: Place of Use Legal Description: DOMESTIC ADA County Page 2 of 3 Township tt�tr-Lotl03N This partial decree is subject to such general provisions necessary for the definition of the 1. C18 rights or for the efficient administration of the water rights as may be ultimately determined by the Court at a point in time no later than the entry of a final unified decree. Section 42- 1412(6), Idaho Code. 2. R65 This right when combined with all other rights shall provide no more than 0.02 cfs per acre nor more than 4.5 afa per acre for irrigation of the lands above. 3. SENE The right holder shall accomplish the change authorized by Transfer No. 5271 within one (1) year of the date of the approval. 4 T08 Failure of the right holder to comply with the conditions of this transfer is cause for the Director to rescind approval of the transfer. Conditions of Approval: Dates: Licensed Date: Decreed Date: 02/16/2007 Permit Proof Due Date: Permit Proof Made Date: Permit Approved Date: Permit Moratorium Expiration Date: Enlargement Use Priority Date: EXHIBIT "B" http://www.idwr.idaho.gov/apps/ExtSearch/RiRhtRei)ortAJ.asp?B asinNumber=63&Seauen... 10/6/2014 This partial decree is subject to such general provisions necessary for the definition of the 1. C18 rights or for the efficient administration of the water rights as may be ultimately determined by the Court at a point in time no later than the entry of a final unified decree. Section 42- 1412(6), Idaho Code. 2. R65 This right when combined with all other rights shall provide no more than 0.02 cfs per acre nor more than 4.5 afa per acre for irrigation of the lands above. 3. T07 The right holder shall accomplish the change authorized by Transfer No. 5271 within one (1) year of the date of the approval. 4 T08 Failure of the right holder to comply with the conditions of this transfer is cause for the Director to rescind approval of the transfer. Prior to diversion of water under this approval, the right holder shall provide a means of 5. T17 measurement acceptable to the Department from all authorized points of diversion which will allow determination of the total rate of diversion. 6 WB4 The total instantaneous diversion of water from all points of diversion under Rights 63-7307 and 63-11671 shall not exceed 2.38 cfs, nor a total combined annual volume of 249.5 a£ After specific notification by the Department, the right holder shall install a suitable 7. 01M measuring device or shall enter into an agreement with the Department to determine the amount of water diverted from power records and shall annually report the information to the Department. 8. X01 Domestic use is for 57 mobile homes. 9. J01 I Property is also known as Meridian Heights Subdivision. Dates: Licensed Date: Decreed Date: 02/16/2007 Permit Proof Due Date: Permit Proof Made Date: Permit Approved Date: Permit Moratorium Expiration Date: Enlargement Use Priority Date: EXHIBIT "B" http://www.idwr.idaho.gov/apps/ExtSearch/RiRhtRei)ortAJ.asp?B asinNumber=63&Seauen... 10/6/2014 Water Right Report Page 3 of 3 Enlargement Statute Priority Date: Water Supply Bank Enrollment Date Accepted: Water Supply Bank Enrollment Date Removed: Application Received Date: Protest Deadline Date: Number of Protests: 0 Other Information: State or Federal: S Owner Name Connector: Water District Number: Generic Max Rate per Acre: Generic Max Volume per Acre: Civil Case Number: Old Case Number: Decree Plantif . Decree Defendant: Swan Falls Trust or Nontrust: Swan Falls Dismissed: DLE Act Number: Cary Act Number: Mitigation Plan: False Close E IBIT"B" http://www.idwr.idaho.gov/apps/ExtSear�ghtReporiA3.asp?BasinNumber= 63&Seauen... 10/6/2014 QUITCLAIM DEED AND TRANSFER OF INTEREST IN REAL PROPERTY AND ACCEPTANCE PARTIES: Meridian Heights Water & Sewer Grantor 2589 S. Groom Way, Meridian, ID 83642 District P.O. Box 472, Meridian, ID 83642 City of Meridian Grantee 33 E. Broadway Ave., Meridian, ID 83642 This Quitclaim Deed and Transfer of Inter in Real Property and Acceptance, made effective as of theme® day of ' ' , ,®by and between MERIDIAN HEIGHTS WATER & SEWER DISTRICT, ("Grantor" or "District" herein), an Idaho political subdivision, whose physical address is 2589 S. Groom Way, Meridian, Idaho 83642, and the CITY OF MERIDIAN, ("Grantee" or "City" herein), a municipal corporation of the State of Idaho, whose address is 33 E. Broadway Ave., Meridian, Idaho 83642. SECTION I. ADA COUNTY RECORDER Christopher D. Rich 2015-09745 BOISE IDAHO Pgs=4 NIKOLA OLSON 10/21/2015 03:00 F RECITALS MERIDIAN CITY NO F IIIIIIIIII ill llllllllllllil 11 III11111111111111111 The Parties recite and declare: 00167967201600974980040043 1.1 The District is the holder of a Quitclaim Deed and Transfer of Interest in Real Property and Acceptance (the "Quitclaim Deed"), entered into on May 25, 2010, with the Meridian Heights Water & Sewer Association, Inc., a non-profit Idaho corporation, originally recorded in the records of Ada County, Idaho on May 25, 2010 as Instrument No.110048360, and re-recorded to correct legal description on May 27, 2010 as Instrument No. 110048954. Within said Quitclaim Deed, the District was conveyed and granted together with all and singular the tenements, hereditaments, and appurtenances thereunto, the following real estate situated in the County of Ada, State of Idaho: Lot 1 in Block 10 of MERIDIAN HEIGHTS SUBDIVISION No. 2, according to the official plat thereof, filed in Book 41 of Plats at Pages 3353 and 3354, record's of Ada County, Idaho. Except: A parcel of land situate in the Northeast quarter of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being a portion of Lot 1, Block 10 of MERIDIAN HEIGHTS No. 2 SUBDIVISION, as shown on the official plat thereof on file in the office of the Ada County, Idaho, Recorder, and being more particularly described as follows: Beginning at the Southwest corner of said Lot 1, which is the REAL POINT OF BEGINNING; thence North 79°29'04" East, 112.86 feet to the Northeasterly boundary of said Lot 1; thence South 07°46'38" East, 20.95 feet to the Southerly boundary of QUITCLAIM DEED AND ACCEPTANCE - 1 said Lot 1; thence North 89°55'10" West, 113.80 feet to the Southwest corner of said Lot 1 to the REAL POINT OF BEGINNING. 1.2 The District's interest derives from that certain Residential Lot Quitclaim Deed, entered into on October 19, 2001, between the Meridian Heights Water & Sewer Association, Inc., an Idaho non-profit corporation, and Charles Sale, an individual, and intended to continue forever and in perpetuity. 1.3 The City has the authority and the right to acquire either by purchase or other legal means, interests in real property necessary for the maintenance and improvement of the City's water and sewer systems for said p oses; and 1.4 The Board of Directors of the District and the City Council of the City have each determined that a quitclaim deed herein provided for to transfer the grant of easements is advisable and in the public interest and facilitates the intent of the parties for transferring the easements to the City. In consideration of the mutual covenants contained in this quitclaim deed, the parties agree and act as follows: SECTION II. QUITCLAIM DEED GRANT AND CONVEYANCE OF INTEREST IN REAL PROPERTY FOR DISTRICT MAINTENANCE PURPOSES 2.1 The District does hereby grant, convey and release and quitclaim all right, title and interest, to the above mentioned real estate, including any and all rents, issues, and profits thereof, which the District now has or may hereafter acquire unto the City, and or its assigns as hereinafter provided for, from the effective date hereof. SECTION III. ACCEPTANCE OF GRANT AND CONVEYANCE FOR DISTRICT MAINTENANCE PURPOSES 3.1 The City does hereby accept this conveyance of the Real Property herein provided for. IN WITN S WHEREOF, this Quitclaim Deed and Acceptance has been executed on the (& day of j1,'(h)� ,` L , 2014 with the intent that it shall be recorded in the office of the recorder of the County of Ada, State of Idaho. MERIDIAN HEIGHTS WATER & SEWER DISTRICT, an Idaho political subdivision Hamilton, Chairman QUITCLAIM DEED AND ACCEPTANCE - 2 ATTEST: Gina Harris, District Cleric ATTEST: ka i Tum Jones, City L CITY OF MERIDIAN, an Idaho municipal corporation Tammy ay De e rt-1111�— do 0c, QUITCLAIM DEED AND ACCEPTANCE - 3 STATE OF IDAHO ) ss. County of Ada ) On this � day of 'f: �'�Ii ,tc f i in the year of 2014, before me, a notary public, personally appeared Gordon Hamilton, known or identified to me to be Chairman of the Meridian Heights Water & Sewer District that executed this Quitclaim Deed and Acceptance, and acknowledged to me that such District executed the same. DATED this ,day of a�- 1',`f.nl v r- , 2014. (SEAL) GINA M NOTARY PUBLIC STATE OF IDAHO V V W? v], STATE OF IDAHO . ss. County of Ada Not6y Public for Idaho Residing My Commission Expires: On this day of in the year of , before me, a notary public, personally appeared Tammy DeWeerd, known or identified to me to be the Mayor of the City of Meridian, Ada County, State of Idaho, that executed this Quitclaim Deed and Acceptance, and acknowledged to me that such City executed the same. i DATED this 'Q® day of 0C V' . (SEAL) •®r•••®® •ia ors QUITCLAIM DEED AND ACCEPTANCE - 4 Notary Public for Idaho Residing At: My Commission Expires: c !i . QUITCLAIM DEED AND TRANSFER OF INTEREST IN REAL PROPERTY AND ACCEPTANCE PARTIES: Meridian Heights Water & Sewer Grantor 2589 S. Groom Way, Meridian, ID 83642 District P.O. Box 472, Meridian, ID 83642 City of Meridian Grantee 33 E. Broadway Ave., Meridian, ID 83642 ThisQuitclaim Deed and Transfer of Intere� i Re, l Property and Acceptance, made effective as of the �� s . day of »�1/ ;® , by and between MERIDIAN HEIGHTS WATER & SEwER DimicT, ("Grantor" or "District herein), an Idaho political subdivision, whose physical address is 2589 S. Groom Way, Meridian, Idaho 83642, and the CITY of MERIDIAN, ("Grantee" or "City" herein), a municipal corporation of the State of Idaho, whose address is 33 E. Broadway Ave., Meridian, Idaho 83642. p 2015-09749 ADA COUNTY RECORDER Christopher D. Rich BOISE IDAHO Pgs=4 NIKOLA OLSON 10/21/2015 03:00 P SECTION I. MERIDIAN CITY NO FE RECITALS 111111111111111111111 II 111111 HE � 11111111111111 The Parties recite and declare: 1.1 The District is the holder of a Quitclaim Deed and Transfer of Interest in Real Property and Acceptance (the "Quitclaim Deed"), entered into on October 26, 2009, with the Meridian Heights Water & Sewer Association, Inc., a non-profit Idaho corporation, recorded on November 23, 2009 in the records of Ada County, Idaho as Instrument No. 109131264. Within said Quitclaim Deed, the District was conveyed and granted together with all and singular the tenements, hereditaments, and appurtenances thereunto, the following real estate situated in the County of Ada, State of Idaho: Lot 2 of Block 3 of the Kentucky Ridge Estates Subdivision according to the Official Plat thereof filed in the Official Records of Ada County, Idaho as Instrument No. 95074573 1.2 The District's interest derives from that certain Common Area Deed, entered into on December 18, 2002, between the Meridian Heights Water & Sewer Association, Inc., an Idaho non-profit corporation, and Shekinah Industries, Inc., an Idaho corporation, and intended to continue forever and in perpetuity, recorded in Ada County on January 3, 2003 as Instrument No. 103001005. 1.3 The City has the authority and the right to acquire either by purchase or other legal means, interests in real property necessary for the maintenance and improvement of the City's water and sewer systems for said purposes; and 1.4 The Board of Directors of the District and the .City Council of the City have each determined that a quitclaim deed herein provided for to transfer the grant of easements is advisable and in the public interest and facilitates the intent of the parties for transferring the easements to the City. QUITCLAIM DEED AND ACCEPTANCE -1 In consideration of the mutual covenants contained in this quitclaim deed, the parties agree and act as follows: SECTION II. QUITCLAIM DEED GRANT AND CONVEYANCE OF INTEREST IN REAL PROPERTY FOR DISTRICT MAINTENANCE PURPOSES 2.1 The District does hereby grant, convey and release and quitclaim all right, title and interest, to the above mentioned real estate, including any and all rents, issues, and profits thereof, which the District now has or may hereafter acquire unto the City, and or its assigns as hereinafter provided for, from the effective date hereof. SECTION III. ACCEPTANCE OF GRANT AND CONVEYANCE FOR DISTRICT MAINTENANCE PURPOSES 3.1 The City does hereby accept this conveyance of the Real Property herein provided for. IN WITNE. S WHEREOF, this Quitclaim Deed and Acceptance has been executed on the P�� day of ?. ?j El ,f , 2014 with the intent that it shall be recorded in the office of the recorder of the County of Ada, State of Idaho. ATTEST: f ina Harris, Distrix Clerk $6le 0RATH D A `I�CLSI' 4 r City of m Ip x%10 SEAL �f T�„���b� •rncasoRe�"��� QUITCLAIM DEED AND ACCEPTANCE — 2 MERIDIAN HEIGHTS WATER & SEWER DISTRICT, an Idaho political subdivision Hamilton, Chairman CITY OF MERIDIAN, an Idaho municipal corporation eerd, ATTEST: Jaycee lon,&&, City Clerk ffbIm-a" "f4 QUITCLAIM DEED AND ACCEPTANCE - 3 STATE OF IDAHO ss. County of Ada ) On this I_)day of ,d ,',j�`1 �] in the year of 2014, before me, a notary public, personally appeared Gordon Hamilton, known or identified to me to be Chairman of the Meridian Heights Water & Sewer District that executed this Quitclaim Deed and Acceptance, and acknowledged to me that such District executed the same. DATED this day of ai� ' " , , 2014. E AL)GINA M HARRIS NOTARY PUBLIC STATE OF IDAHO STATE OF IDAHO ss. County of Ada Notary Public Residing At:r' My Commissi Qoks— On this Q0 day of in the year of 2.0- , before me, a notary public, personally appeared Tammy DeWeerd, known or identified to me to be the Mayor of the City of Meridian, Ada County, State of Idaho, that executed this Quitclaim Deed and Acceptance, and acknowledged to me that such City executed the same. IVA• day of Dc is v (SEAL) ,***move* .•SOA Joh •• • �?� Old' ®• '®6689.• • QUITCLAIM DEED AND ACCEPTANCE - 4 Notary Public for 16—a' o Residing At: t® er1 t My Commission Expires: v, r Meridian City Council Meeting DATE: October 20, 2015 ITEM NUMBER: 5K PROJECT NUMBER: ITEM TITLE: Task Order Jub Engineers Approval of Task Order 10614.A to JUB ENGINEERS, INC. for the "BLACK CAT TRUNK SEWER - PHASE 5 - DESIGN" Project for a Not -To -Exceed amount of $214,747.00 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 Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Brent Blake Date: 10/13/2015 Re: October 20'" City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 20th City Council Consent Agenda for Council's consideration. Approval of Task Order 10614.A to JUB ENGINEERS, INC. for the "BLACK CAT TRUNK SEWER — PHASE 5 - DESIGN" project for a Not -To -Exceed amount of $214,747.00. Recommended Council Action: Award of Task Order 10614.A to JUB Engineers, Inc. for the Not -To -Exceed amount of $214,747.00. Thank you for your consideration. • Page 1 E I DIAN�- Public IDAHO Works Department TO: Keith Watts, Purchasing Manager FROM: Brent Blake, Engineering Project Manager Mayor Tammy de Weerd City Council Memberft Charlie Rountree Keith Bird Joe Borton Lune Cavener Genesis Milam David Zaremba DATE: 10/13/2015 SUBJECT: BLACK CAT SEWER TRUNK (SOUTH MERIDIAN) PHASE 5 -DESIGN TASK ORDER WITH J -U -B ENGINEERS FOR A NOT TO EXCEED AMOUNT OF $214,747.00. I. DEPARTMENT CONTACT PERSONS Brent Blake, Engineering Project Manager 489-0340 Kyle Radek, Assistant City Engineer 489-0343 Warren Stewart, City Engineer 489-0350 Tom Barry, PW Director 489-0372 II. DESCRIPTION A. Background The Engineering Division budgeted money in fiscal year 2016 for multiple sewer line extension and sewer line replacement projects. This sewer line extension project was named the "Black Cat Trunk Sewer -Phase 5" project and is part of the South Meridian annexation agreements which the City recently entered into. Funding for this project was not identified until after budget enhancements were due, therefore, a budget amendment was needed and approved at the October 6, 2015 City Council meeting. B. Proposed Project This project is part of the commitments the City has made to extend services to South Meridian and has a two-year timeframe for completion. This extension of the Black Cat Trunk Sewer starts at the intersection of Victory Road and Meridian Road and runs south to approximately 1,600 feet south of Amity Road. Overall, the project encompasses approximately 8,400 lineal feet of 24 -inch trunk sewer and 1,500 lineal feet of 12 -inch gravity sewer. The termination of this trunk sewer will be located approximately a quarter of a mile south of Amity Road to the west of Meridian Road. Page I of 2 C. Describe Item Design Task Order III. IMPACT A. Fiscal Impacts Project Costs: Fiscal Year 2016 ---------- ------ ----- --------------- ------------------------- Total $214,747.00 ------------------- -- ------------------- -- -,-- -- ------------------- Total Project Cost $214,747.00 Project Funding - - - -- -- Fiscal Year 2016 Account Code / Codes - - ---------------- ---- -------------------------- -- ;------------------------ 3590-93505 $250,000.00 Total Funding- $250,000.00 B. Alternatives The City could choose not to approve task order. Without this task order the design of the South Meridian Black Cat Trunk Sewer Phase 5 would be suspended which would compromise the two-year timeframe to get this project completed and nullify the annexation agreements with the participants in the South Meridian annexation effort. C. Time Constraints The consent to annex forms executed with landowners in South Meridian outline a two-year timeframe to complete the design and construction of this substantial project. To complete this project in this condensed timeframe Public Works plans to initiate and complete the design within the next six months. Departmental Approval: Page 2 of 2 TASK ORDER NO. 10614.a Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND JUB ENGINEERS, INC (ENGINEER) This Task Order is made this 20th day of October, 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", and accepted by (JUB ENGINEERS, INC), hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 2C) between the above mentioned parties dated October 22, 2013. The Project Name for this Task Order 10614.a is as follows: CITY OF MERIDIAN BLACK CAT TRUNK SEWER PHASE 5 DESIGN I. PROJECT UNDERSTANDING The CITY intends to construct the extension of the Black Cat Trunk Sewer from Victory Road south to approximately 1600 feet south of Amity Road. Overall the project encompasses approximately 8,400 lineal feet of 24 -inch trunk sewer and 1,500 lineal feet of 12 -inch gravity sewer with the downstream connection point at the existing manhole located in the southeast corner of Victory Road and Meridian Road. Exhibit 1 shows the project limits and conceptual alignments. II. OWNER INFORMATION RESPONSIBILITIES and PROJECT ASSUMPTIONS 1. The City will provide J -U -B with the following: a) Provide on-going review of J -U -B's work and timely consideration of policy issues with a time acceptable to the CITY and J -U -B. b) Record drawings of: 1) City's Black Cat Phase 4 project; 2) Black Cat - Victory Road extension (private development); 3) Red Wing Subdivision; 4) Adjacent development plans; c) Boundary, title and parcel information on the CITY's property south of Amity Road. d) GIS shape files of utilities in the area. e) Pay for all permits and fees needed for the project. f) Provide a project manager to serve as a liaison with other City departments and public agencies to facilitate project reviews and the approval process. g) Provide a liaison with area stakeholders, such as private developers, landowners, etc. Provide information related to potential developments within the adjoining service areas. h) Provide standard agreement documents for permanent sanitary sewer and temporary construction easements. Provide guidance and review of the easement acquisition process including easement valuation. Retain the services of a land appraisal consultant if the CITY deems necessary for easement valuation. Task Order 10614.A Black Cat Trunk Sewer Phase 5 Design Pagd 1 of 12 JUB Engineers, Inc i) The City will perform a Qualified Licensed Professional Engineer (QLPE) for review and approval of the construction documents. The City's QLPE will submit the approved construction documents to the Idaho Department of Environmental Quality (IDEA). 2. Project Assumptions a) Conceptual routing options to be investigated in Task 2 are shown on Exhibit 1. b) Exact locations of utilities are not known and may affect the alignment during construction. A limited amount of potholing is provided under Task 3 for reference during the design phase. c) Right-of-way (ROW) and parcel information will be referenced from the Ada County GIS base mapping for Task 2 work. Task 6 provides easement support services for the final trunk sewer alignment. d) The disturbed area will likely be over one (1) acre in size and require a project specific Erosion and Sediment Control (ESC) plan and Stormwater Pollution Prevention Plan (SWPPP). e) A preliminary engineering report (PER) is assumed not required pursuant to IDAPA 58.01.016.410.01 as the City has an approved Sewer Master Plan (SMP) and the CITY will provide the QLPE reviews. f) One construction package (bidding documents) is assumed for the trunk sewer project. Re -packaging or splitting the trunk sewer improvements into multiple phases will require a modification to the scope and fee. III. SCOPE OF WORK J -U -B's scope of services is specifically limited to the following: Task 1 — Project Meetings and Administration 1. Kickoff Meeting: Attend a kick-off meeting with CITY staff for the purpose of discussing the project approach, obtaining information that may be available from the CITY, and determining project schedule. 2. Progress and Review Meetings: Attend progress meetings with the CITY staff as needed to discuss project status, provide task order status summaries, present deliverables, and receive direction from the CITY. It is anticipated that five (5) progress meeting may be required. 3. Project Administration and Tracking. Monitor team progress, action item lists, task deadlines, items needed from the CITY, provide documentation, subconsultant administration, permitting milestones, and critical path items as needed. Task 2 - Preliminary Routing Analysis • Alternative Alignment Screening: Two (2) alignments will be preliminarily examined and screened for criteria such as constructability, permitting issues, availability of easements, cost and other possible criteria. The two alignment options are shown on Exhibit 1, and generally described as being routed along Meridian Road (SH -69) encompassing approximately 7,200 LF of 24 -inch trunk sewer and 200 LF of 12 -inch sewer. The routing analysis includes the following subtasks: a) Utilize the available 1 "=200' COMPASS aerial mapping and refine alignment options of Black Cat Trunk sewer as shown on Exhibit 1 and the 2010 Sewer Master Plan as described in this Task. Task Order 10614.A Black Cat Trunk Sewer Phase 5 Design Page 2 of 12 JUB Engineers, Inc b) Preliminary Spot Survey: Preliminary survey work shall be completed over the general alignment corridors to supplement available existing aerial mapping and critical crossings. This work will entail the following: • Perform an initial ground survey of Meridian Road from Victory Road to the proposed 12 -inch sewer crossing. Approximate ground elevations will be taken using a vehicle mounted GPS unit, for both north and south bound lanes of Meridian Road (SH -69), and along the east and west roadway shoulders as practical. Preparation of an ITD traffic control permit or traffic control plan is not anticipated at this stage in the survey. • Upon securing landowner approval, field walk alignment outside of the Meridian Road corridor and obtain preliminary GPS ground elevations at 500' intervals. This will include the properties of the existing storage and gravel pit areas north and south of Amity Road and may include two alignments. • Verify the rim & invert elevations of the existing manholes at the Victory Road and Meridian Road intersection. • Verify the flow lines of major waterways such as the Ridenbaugh canal where it crosses Meridian Road and the Watkins drain where it crosses Amity Road. c) Perform initial research into affected parcels and prepare a list of landowners and parcel numbers. Research available plats, records of survey, and ITD SH -69 right-of- way (ROW) record maps in the project corridors. Order title reports on the likely parcels where the sewer trunk may be located out of the public ROW as provided under Task 6. It is anticipated that six (6) title reports at the cost of $300 each will be needed. d) Contact permitting agencies such as ITD, ACHD, NMID, and Williams -Northwest Pipeline to determine general design issues and constraints that may affect routing. This work will be provided under Task 5 Agency Coordination and Permitting. e) Develop two (2) trunk alignment options based on SMP compliance and refined based on input from the City, permitting agencies, and initial landowner meetings. Concept level trunk profiles will be developed on a "roll plot" to compare relative depth comparison of the alignment alternatives. • Provide an initial screening of alignments with the City based upon City input, input from affected landowners and permitting agencies, and engineering related issues. With the City, establish a preferred alternative for final design. • Revise preliminary alignments and develop estimates of probable project costs for the preferred trunk sewer alignments. f) Prepare a summary technical memorandum describing the analysis and conclusions. Provide a recommendation for final design and a planning level estimate of construction cost. Task 3 — Topographic Survey and Preliminary Design 1. Research, Control, Topographic Survey and Mapping a) Research: Research Ada County Surveyor's records for land monuments to add in establishing horizontal control and include research of land monuments, plats, Task Order 10614.A Black Cat Trunk Sewer Phase 5 Design Page 3 of 12 JUB Engineers, Inc records of survey, right-of-ways, and easements of record along the preferred trunk sewer alignment. b) Survey Control: Establish survey control along the alignment using NAD83(CORS) (horizontal), NAVD88/Geoid09 (vertical), Idaho West State Plane Coordinate system (1103) scaled to the Ada County G.I.S. system, based on IDTD CORS epoch 2002 (PID:AJ3346). Temporary construction benchmarks (T.B.M.$) will be established in the vicinity of the construction site. ROW's will be established and shown on the basemap using Ada County G.I.S. data with exception of alignments beyond the public ROW east of Meridian Road and south of Amity Road. These property lines will be established from deeds and visually located land monumentation. c) Utility Request: Utility companies (gas, power, telephone, storm drain, cable T.V., street lighting, traffic signals, irrigation) will be contacted prior to survey via Dig -line to request field locations of utilities and available utility mapping. Utilities will be shown to the extent they are visible in the field or located by the utility or Owner. d) TBM's: Establish temporary construction benchmarks (T.B.M.'s) and control points at 1000' intervals. e) Topographic Survey: Complete topographic survey along the preferred alignment established in Task 2. For the purpose of estimating level of effort, the preferred alignment is consider as described herein. The survey will generally consist of full ROW width on Amity Road crossing. With respect to SH -69, Meridian Road the field survey shall include strip survey along the preferred corridor route from edge of pavement to ROW. For alignments in undeveloped land areas or fields, an approximate 150 -foot wide strip of land will tbe surveyed with additional cross- sections as needed at waterway crossings. 2) Alignments in public ROW will generally be full ROW width. Intersections shall be cross sectioned 50 feet each side beyond the alignment. Limits of the topographic survey are shown on Exhibit 1. f) Base Mapping: Complete topographic mapping in Civil 3D 2015 at a scale of 1 "=40' scale, 22"x34" sheets. Topographic features shall be depicted using standard symbols. Topographic features shall be shown on the construction plans to the extent that they are found or field located by the utility companies, such as fences, edge of pavement, fog line, stripped centerline where applicable, borrow ditch, utility poles, surfacing, utilities, telephone risers, top of bank and waterway flowlines, and include monuments of record and physical survey of monuments and property pins that are found. Property lines will be shown based on Ada County G.I.S. mapping. Where easements are to be secured, property lines shall be determined using research and field search of land monuments methods as previously described above. g) Field Potholing: J -U -B will employ a subcontractor for 6 to 8 hours of potholing utilities. 2. Preliminary Design of Trunk Sewers (30%) a) Develop preliminary design alignments for the trunk sewer improvements to show trunk profile, horizontal location. Preliminary design to consider utility and ITD constraints, available ROW.s, constructability, construction access, excavation depths, initial easement constraints if known at this time, minimization of pavement repair and impacts to public traffic access. Easement requirements will be shown and land ownership information. Task Order 10614.A Black Cat Trunk Sewer Phase 5 Design Page 4 of 12 JUB Engineers, Inc b) Prepare 30% trunk sewer plan and profile sheets and submit to the CITY for review. Plans shall be prepared on 22"x34" ANSI size "D" sheets. c) Meet with the CITY to review 30% complete plans and receive comments and direction from the staff (Review meeting will be budgeted under Task 1). Deliverables: 30% Complete Preliminary Design Plans, (5) copies at scale. Task 4 — Final Design 1. 75% Complete Design Plans a) Revise the alignment and profile from the CITY's review comments at the 30% review meeting. Complete final design of the preferred trunk sewer alignment with considerations on constructability, ITD, ACHD and CITY utility corridor requirements, surface disturbance, impact to waterways, sanitary separations, dewatering, impacts to public traffic access, utility conflicts, construction access, serviceability checks, excavation depths, easement issues, and other pertinent design issues. Provisions to align the trunk, manholes, and stub -outs per available development plans, and preliminary or final plats will be made as specifically requested by the City. For parcels without development plans, considerations for manholes and block-out locations will be made with City direction. b) Design details for construction plans. Design drain, irrigation, and waterway crossings in accordance with permitting agency requirements. The crossings will be designed using boring or open trench construction. USACE/IDWR 404 permitting if required, is provided under a separate task (Task 5 — Agency Coordination and Permitting). c) A preliminary Traffic Control Plan (TCP) for Meridian Road and the Amity Road crossing will be prepared for ITD and ACHD review and is provided under Task 5. d) Prepare a preliminary SWPPP narrative and accompanying drawings that will include the Ridenbaugh Canal and Watkins drain crossings. (City Environmental Division will review) e) Design roadway repair using ITD or ACHD standard sections as applicable. f) Prepare construction plans which will include project title blocks, City standard notes, vicinity maps, sheet indexes, north arrows, bar scales, topography, pipe size, type, slope, invert elevations, ground surface elevations, surface repair, boring details, property lines, easements, found land monuments, land ownerships, survey control, pay limits, special details necessary for a biddable product. Drafting shall be completed on 22"x34" ANSI standard size "D" sheets. To the extent practicable, the current City of Meridian Standard Specifications and Drawings for Construction will be utilized in the design. g) Prepare draft technical specifications for items that are not covered or are in addition (clarification) to the 2015 ISPWC and Meridian's Supplemental Specifications and Standard Drawings (2013 Edition). Technical Specifications will conform to the formatting in the ISPWC. Permitting requirements will not be included at this stage. h) Prepare 75% review package and submit to the CITY for review by the CITY and their City Engineer. Plans shall be prepared on 22"x34" ANSI size "D" sheets. Task Order 10614.A Black Cat Trunk Sewer Phase 5 Design Page 5 of 12 JUB Engineers, Inc i) A senior engineer shall perform an initial QC of the plans and technical specifications. Contractors may be contacted to discuss specific construction issues and techniques. j) Update the preliminary Opinion of Probable Construction Cost and prepare the Bid Schedule. k) Meet with the CITY to review 75% complete plans and receive comments and direction from the staff (Review meeting will be budgeted under Task 1). 1) Complete a field walkthrough with CITY inspection staff and summarize field notes with the CITY's project manager on relevant project issues discussed. Deliverables: 75% Complete Preliminary Design Plans, (5) copies at scale. Preliminary SWPP Plan and Exhibits iii. Preliminary Opinion of Probable Construction Cost 2. 90% Complete Design Plans and Technical Specifications (Agency Review) a) Revise the 75% design and construction plans from the CITY's review comments as appropriate. Complete final design of the trunk sewer with considerations for CITY corridor compliance, permitting agency initial input as provided by the City, constructability, surface disturbance, sanitary separations, utility conflicts, excavation depths, easement Grantor conditions and other pertinent design issues. b) Prepare 90% complete construction plans and detail sheets. c) Complete revisions to the TCP for final submittal to ITD per Task 5. d) Revise and prepare SWPP plan and narrative per the 2012 Construction General permit and the CITY requirements and standards, and incorporate the plan into the construction plans and technical specifications. The City Environmental Division will approve the plan. e) Revise and prepare 90% technical specifications and/or special provisions. Draft permitting requirements will be included at this stage as available from the agency. f) Complete an internal QC review with a senior J -U -B engineer. g) Update the Preliminary Opinion of Probable Construction Cost and prepare the Bid Schedule. h) Submit 90% complete package to the CITY and City Engineer for concurrent QLPE review and meet with the CITY to gather review comments. i) Meet with the CITY to review 90% complete plans and receive comments and direction from the staff (Review meeting will be budgeted under Task 1). Deliverables: i. 90% Complete Plans and Technical Specifications, (5) copies at scale. ii. SWPP Plan and Exhibits iii. Preliminary Opinion of Probable Construction Cost and Bid Schedule. Task Order 10614.A Black Cat Trunk Sewer Phase 5 Design Page 6 of 12 JUB Engineers, Inc 3. 100% Plans and Technical Specifications (Bid Ready) a) Incorporate appropriate CITY, QLPE and agency review comments and complete final revisions to the trunk sewer plans and technical specifications. b) Submit 100% complete plans and contract documents to the CITY for review and approval. The CITY will provide QLPE review of the Final Plans. c) Finalize Opinion of Probable Construction Cost and Bid Schedule. Deliverables: i. 100% Complete Trunk Sewer Extension (Bid Ready) Plans and Technical Specifications, ten copies for bidding to the CITY. SWPP Plan will be included as an appendix. ii. Final Opinion of Probable Construction Bid Schedule iii. Electronic pdf version of the Plans, Technical Specifications and Bid Schedule Task 5 - Agency Coordination and Permitting 1. Preliminary Agency Coordination a) Coordinate alignments with the CITY, ITD, and ACHD to establish acceptable corridors. This is anticipated to include: 1) Determining if road or structure improvements are anticipated in the foreseeable planning period; 2) Obtaining pertinent design requirements and material specifications for proposed improvements; 3) Obtaining record drawings of improvements in the project vicinity; 4) Identifying approval time required to complete the permitting process; 5) Determining acceptable access points on ITD/ACHD right-of-way, 6) Process for completing the necessary utility permit application with ITD, if the proposed improvements are constructed within ITD rights -of -ways. b) J -U -B will research and contact irrigation and drainage district entities to determine jurisdictional authority and permit process. It is anticipated that the Nampa -Meridian Irrigation District (NMID) and Boise Board of Control (BBC), Boise -Kung Irrigation District (BKID), and the New York Irrigation District (NYID) will be contacted. c) J -U -B will request information from utilities and if possible request meetings to overview the project, location and crossing requirements. Utilities contacted to include: Intermountain Gas, Williams -Northwest Pipeline, Century Link, and others. d) Findings in this subtask will be presented in the Technical Memorandum provided under Task 2. 2. Drainage/Irrigation District Coordination and Permitting a) Permitting with NMID and the BBC will be initiated for the crossing of the Ridenbaugh canal, Watkins drain, and Carlson Lateral. J -U -B will meet with NMID, BBC representatives in the field to review construction related issues and determine design constraints. J -U -B will prepare the necessary license agreement applications legal description, exhibits for both NMID and BBC. In addition, the NMID License Agreement Fee (estimated at $350) will be submitted. It is also assumed no floodway infringement will be considered as no aerial waterway crossing or Task Order 10614.A Black Cat Trunk Sewer Phase 5 Design Page 7 of 12 JUB Engineers, Inc permanent fill placement will occur. If the CITY elects to extend water mains parallel with the sewer trunk, the license agreement and exhibits will be modified to include those facilities. 3. USACE 404 Coordination and Permitting a) This task encompass the design and permitting of open trench crossings of drains or irrigation/drainage culverts that may be under the jurisdiction of the U.S. Army Corps of Engineers (USACE) requiring 404 permitting. For the purpose of estimating fees in the Scope of Services, preparation of (1) Nationwide 12, 404 permit is assumed. b) Complete a field visit and with representatives from the USACE to review project scope and waterways. The field meeting will determine if a joint 404 permitting is required. Coordinate with the USACE for crossing requirements and construction methods for preparation of a Nationwide 12, 404 permit for utility crossing or stream alterations. A wetland inventory study will likely not be required; however, if USACE determines such work is needed to secure the permit, an addendum will be required to these Scope of Services. c) Prepare one application showing the multiple culvert crossings and preparation of the necessary exhibits showing crossing plan, details and specifications for the 404 permit application. Open channel crossing plan will be prepared per USACE requirements. J -U -B will coordinate and submit application package upon completion of 90% design in Task 4. If the CITY elects to extend water mains parallel with the sewer trunk, the application and exhibits will be modified to include those facilities. d) Final design and construction documents provided in Task 5 will include permit provisions. 4. Idaho Transportation Department Coordination and Permitting a) Coordinate with the ITD District 3 staff to obtain record information on SH -69, utility permitting requirements specific to SH -69, crossing design and construction requirements. b) Meet with ITD staff during the design phase to establish design and permitting criteria. Meeting will be held during Task 2 — Preliminary Routing Analysis and at each submittal review package listed in Task 4. Prior to the meetings, J -U -B shall prepare copies of plans and specifications for submittal to ITD. c) Prepare traffic control plans at the following milestones: 1) 75% Preliminary Traffic Control for SH -69 and the Amity Road intersection; 2) 90% Agency Review Submittal; 3) 100% Bid Ready Package. 5. ACHD Coordination and Permitting a) Coordinate alignments and crossing of the Amity Road with the Ada County Highway District (ACRD) to establish acceptable corridor and replacement plan. b) Meet with ACHD to review during Task 2 —Preliminary Routing Analysis for an overview of the project and to gather in input ACHD may have with the project. Task Order 10614.A Black Cat Trunk Sewer Phase 5 Design Page 8 of 12 JUB Engineers, Inc c) Submit 90% Plan Set review for ACHD approval. 6. IDEQ Submittal Packages a) Prepare a summary letter and project overview exhibits during Task 2 that summarizes the project and outlines the planning and preliminary engineering phases completed by the CITY and as part of this project. This will set the basis for substantiating that no preliminary engineering report will be completed for the project. b) The CITY will provide QLPE review and approval of the final bid ready package to IDEQ. Task 6 - Easements, Public Involvement, and Private Development Coordination 1. Easement Acquisition Assistance a) Easement Acquisition Process Overview Meeting: Meet with CITY staff to discuss general procedural outlines for initial landowner contact, and other procedures related to the securing easements. Easement discussion will include the possible extension of water mains parallel with the sewer trunk. The easement widths will be modified accordingly and brought into the discussions with the affected landowners. b) Preliminary Easement Exhibits: Prepare preliminary easement maps using available COMPASS aerial mapping, Ada County G.I.S. base mapping, and preliminary alignments. These preliminary easement maps will be used for initial property owner contact in preparing a Right of Entry mailing for survey access on private lands. c) Easement Research and Identification: Easements limits will be identified and shown on the concept plan developed in Task 2. Research Ada County G.I.S. data base to determine parcel tax identification number, and assessed value. Easement valuation summaries will be prepared using the parcel assessed value and submitted to the CITY with Task 2 deliverables. d) Title Reports and Easement Legal Descriptions: Title reports will be ordered during Task 2 for the likely parcels where the sewer trunk may be located out of the public ROW. It is anticipated that six (6) title reports at the cost of $300 each will be needed. Prepare legal descriptions and exhibit drawings necessary to secure easements. For the purpose of estimating fees, preparation of four (4) legal descriptions are assumed. e) Landowner Meetings and Easement Negotiations • Initial Landowner Interviews: Meet with each affected property owner to review the preliminary alignment maps, discuss easement acquisition process, confirm specific issues and concerns, and request access to survey. For the purpose of estimating fees, four (4) landowners are assumed. There will be two initial meetings with each landowner. Interview notes will be prepared documenting each interview meeting. • Informational Summaries: Summary memorandums will be complied during the easement acquisition process listing landowner concerns, issues, and Task Order 10614.A Black Cat Trunk Sewer Phase 5 Design Page 9 of 12 JUB Engineers, Inc other informational highlights. It is assumed that over of the course of the project, three (3) summary memorandums will be prepared. • Easement Negotiations: Negotiate easement provisions as outlined in the kickoff meeting discussions with the CITY. It is assumed that four (4) landowners will be contacted, and each requiring three (3) meetings. 2. Public Involvement a) Informational Meetings: Organize and conduct open house style meetings during the duration of the project to generate public and neighborhood input. Prepare meeting agenda, visual aids, hand-outs, and project informational exhibits as needed. Two (2) informational meetings are anticipated during the preliminary and final design phase. An additional two meetings prior to construction will be included in future task if directed by the CITY. 3. Private Development Coordination a) Coordination: Meet with private developers in the project area, as specifically requested by the CITY, for the purpose of coordinating trunk sewer and waterline designs with private development plans. Task 7 - Geotechnical Investigation and Reports TIME OF COMPLETION and COMPENSATION SCHEDULE The following schedule is based on a Notice to Proceed (NTP) from the City by October 2015. See below for anticipated completion times. A NTP issued on a different date will change the schedule accordingly. COMPENSATION AND COMPLETION SCHEDULE Task Description Due Date Compensation 1 Project Meetings and Administration ■ Ongoing $9,006 2 Preliminary Routing Analysis ■ Completed within 45 calendar $15,020 days of NTP 3&4 Topographic Survey, Preliminary and ■ Completed within 180 calendar Final Design Services days subsequent to Task 2 and $126,844 as subject to successful completion of Tasks 5 and 6 5 Agency Coordination & Permitting ■ On-going as required $23,234 6 Easements, Public Involvement and ■ On-going as required $21,443 Private Development Coordination 7 Geotechnical Services and Reports $19,200 TASK ORDER TOTAL: $214,747 The Not -To -Exceed amount to complete all services listed above for this Task Order No. 10614.a is two hundred fourteen thousand seven hundred forty seven dollars ($214,747.00). No compensation will be paid over the Not -to -Exceed amount without prior written approval by the City in the form of a Change Order. Any and all travel will only be reimbursed if pre - approved by the Project Manager, and only per the City of Meridian Travel Policy. Reimbursable expenses will be paid at cost and only if pre -approved by the Project Manager. Task Order 10614.A Black Cat Trunk Sewer Phase 5 Design Page 10 of 12 JUB Engineers, Inc Any travel and/or reimbursables paid will be paid as part of the Not -To -Exceed Task Order Total per the Compensation and Completion Schedule above. CITY OF MERIDIAN JUB ENGINEERS, INC BY: BY: V/A_ TAMMY de W.RD, MAYOR PHIL 4CA Dated: I C) - Y Dated: ` ► ((�, Approved by Council e ° GST! ti Attest: city of [DIAN*— JAYC04 L. HOLMAN, CITY CL K 10A+o�7 ra. SEAL4. w Purchasing Approval Fla be TRFNO �a P Dgas par nt An val BY: ie KEITH WATTS, Purchasing Manager City Project Manager Brent Blake Task Order 10614.A Black Cat Trunk Sewer Phase 5 Design JUB Engineers, Inc BY: WA REN STEWART, Engineering Manager Dated: Page 11 of 12 CONTRACT / AGENDA CHECKLIST Date: 10/5/2015 REQUESTING DEPARTMENT Public Works Fund: 60 Department: 3590 GL Account: 93505 Project # 10614.A Construction: Task Order x PSA Equipment Project Name: Black Cat Trunk Sewer - Phase 5 - Design Project Manager: Brent Blake Department Representative: Contractor/Consultant/Design Engineer: IUB Engineers Budget Available (Attach Report): yes Contract Amount: $214,747.00 Will the project cross fiscal years? Yes No Budget Information: FY Budget: FY16 Enhancement #: Grant #: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder Highest Rated Master Agreement x (Bid Results Attached) (Ratings Attached) (Category) 2C Typical Award Yes X No If no please state circumstances and conclusion: Debarment Status (Grant/Federal Funded Projects Only) na (Type in date verified and the status) Date Award Posted: na 10 day protest period: na PW License # na Expiration Date na Corporation Status Goodstanding Insurance Certificates Received (Date): September 15, 2015 Expiration Date: August 1, 2016 Rating: A+ Payment and Performance Bonds Received (Date): na Rating: na Builders Risk Ins. Reci'd: Yes na No na If yes, has policy been purchased? na (Only applicabale for projects above $1,000,000) Date Submitted to Clerk for Agenda: Approval Date By: Council Purchase Order No.: Date Issued: WI -15 submitted (Only for PW Construction Projects) NTP Date: (Only for non Public Works Project) 0 0 M a. Q F Q 2 W a k W a El H 0 H d- 1 O O O O O O O O LH b O C 0 0 0 0 4J"1 0 0 0 0 U : 44 W N 0. 4 ro x d N w ID o 1-: r r 44 r N ro m rn m O + o ao co co N b• E O N M N m N m A. fA N w m M m m x x W m r 0 N W � o N b 0 M o 0 0 0 C4 W f4 0 0 0 0 I w Q 10 a) �4 0 0 0 0 w o � ro $4 � U W(� F O �C U o W 4JR U N H x U W ZS O d' N w w G rn O r r r ro O O m mV} 01 p o - .-I rl ri N LO �4 O O O W m �''' G O N N N 44 O 41 G N E N 41 ro N G U) M O rt N 4j G ;:j N O 41 w N d w N �4 Q Tl O a F 4j a W N > U H Q 0 �4W (0 �O 134 i N U x U H W H a a ro w U Q ro 8 0 O 44 �4 N o ro Ln M U m 0 0 M a. Q F Q 2 W a k W a El H 0 H IDSOS Viewing Business Entity Page 1 of 3 IAHO SECRETARY OF STATE r� Viewing Business Entity ------------- Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for J -U -B ENGINEERS INC. ] [ Monitor J -U -B ENGINEERS, INC. business filings ] ®ENGINEERS, 250 S BEECHWOOD AVE STE 201 BOISE, ID 83709 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING 21 Mar 1969 State of Origin: IDAHO Date of 21 Mar 1969 Origination/Authorization: Current Registered Agent: PAUL D. FISK 250 S BEECHWOOD AVE STE 201 BOISE, ID 83709 Organizational ID / Filing C40668 Number: Number of Authorized Stock 100000 Shares: Date of Last Annual Report: 22 Jan 2015 Annual Report Due: Mar 2016 OriginalFiling: Filed 21 Mar 1969 INCORPORATION ri= R Amendment Filed 05 Jun STOCK 1973 CHANGE Amendment Filed 23 Apr STOCK 1975 CHANGE Amendment Filed 07 Jun OTHER - 1979 APPT OF RA Amendment Filed 02 Sep OTHER - CHG 1980 OF RA - ARLIN BROSKE, BOISE Amendment Filed 08 Dec ARTICLES 1980 RESTATEMENT Amendment Filed 08 Dec STOCK 1980 CHANGE [ Help Me Print/View TIFF ] View Image (PDF format) View Image (TIFF format) [ Help Me Print/View TIFF ] View Image (PDF format) View Image(TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format], View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image(TIFF format) http://www.accessidaho.org/public/sos/corp/C40668.html 10/7/2015 IDSOS Viewing Business Entity Page 2 of 3 [ Help Me Print/View TIFF ] Report for year 2015 ANNUAL REPORT View Document Online Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 ANNUAL REPORT View Document Online Report for year 2008 ANNUAL View Image (PDF format) View REPORT Image(TIFF format) Report for year 2007 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2006 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2005 ANNUAL View Image(PDF format) View REPORT Image(TIFF format] Report for year 2004 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2003 ANNUAL View Image (PDF format) View REPORT Image(TIFF format) Report for year 2002 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2001 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1999 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1998 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1997 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1996 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1995 ANNUAL View Image (PDF format) View REPORT Image(TIFF format) Report for year 1994 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1993 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1992 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1991 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1990 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1989 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) http://www.accessidaho.org/public/sos/corp/C40668.html 10/7/2015 IDSOS Viewing Business Entity Report for year 1988 ANNUAL REPORT Report for year 1987 ANNUAL REPORT Idaho Secretary of State's Main Page Page 3 of 3 View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo2sos.idaho.gov http://www.accessidaho.org/public/sos/corp/C40668.html 10/7/2015 JUBEN-1 OP ID: NW '4llk. M CERTIFICATE OF LIABILITY INSURANCE DATE 0 911 4/2 01 5Y) 09!1412015 THIS CERTIFICATE IS ISSUED AS A 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(ies) 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 The Hartwell Corporation -Cal PO Box 400 CONTACT Jeremy Kroll PHONE FAX Arc No El,,: 208-459-1678 AIc No , 208 454-1114 Caldwell, ID 83606 Jeremy Kroll E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Travelers Indemnity of CT 25682 INSURED J -U -B Engineers, Inc. INSURER B: Travelers Casualty and Surety 31194 250 S Beechwood Ave, Suite 201 Boise, ID 83709 INSURER C: Travelers Indemnity Co of Am. 25658 INSURER D:XL Specialty Insurance Co. 37885 INSURER E: 08/01/2015 INSURER F: DAIMAMGETORENTED PREISES Ea occurrence $ 1,000,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN_ IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SD SUBR D POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR X X 6807769N196 08/01/2015 08/01/2016 DAIMAMGETORENTED PREISES Ea occurrence $ 1,000,000 X CGD381 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JEOT- 1K LOC PRODUCTS -COMP/OPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY Ea BINEDiSINGLE LIMIT $ 1,000,000 C X ANY AUTO BA7776NO58 08/01/2015 08/01/2016 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS - PROPERTY DAMAGE $ Per accident X CAT353 $ UMBRELLALIABOCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED RETENTION $ $ B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA UB0540-T503 & WA STOP GAP m 08/01/2015 08/01/2015 08/01/2016 08/01/2016 X I PER OTH- STATUTE I JER E.L. EACH ACCIDENT $' 1,000,000 E.L. DISEASE- EA EMPLOYEEI $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT 1 $ 1,000,000 D Profes Liability DPR9721570 04/02/2015 04/02/2016 Ea Claim 5,000,000 $200,000 Deductibl INCL POLLUTION 04102/2015 04/02/2016 Annl Aggr 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Master Agreements for the Professional Services CERTIFICATE HOLDER CANCELLATION M ERI D04 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Meridian THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 33 E Broadway Ave Meridian, ID 83642 AUTHORIZED REPRESENTATIVE ACORD 25 (2014101) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. INSURANCE (Section 111) for this Coverage Part, B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured ,specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that 'contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of. Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the 'contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. 002218 COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- erage Part, provided that the "bodily injury" and - sonal injury" offense is committed. "property damage" occurs, and the "personal in - D. The following definition is added to DEFINITIONS jury" is caused by an offense committed: (Section V): a. After you have entered into that contract or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to include a person or in effect; and organization as an additional insured on this Cov- c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 8109 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. Meridian City Council Meeting DATE: October 20, 2015 ITEM NUMBER: 5L PROJECT NUMBER: ITEM TITLE: Award of Bid POST Drilling Approval of Award of Bid and Agreement to POST DRILLING, INC for the "ABANDONMENT OF MERIDIAN HEIGHTS WELL #1" Project for a Not -To - Exceed amount of $89,000.00 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 Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Dean Stacey Date: 10-15-2015 Re: October 20'' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 20'x' City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to POST DRILLING, INC for the "ABANDONMENT OF MERIDIAN HEIGHTS WELL #1" project for a Not -To -Exceed amount of $89,000.00. Recommended Council Action: Award of Bid and Approval of Agreement to POST DRILLING, INC for the Not -To -Exceed amount of $89,000.00. Thank you for your consideration. • Page 1 E I D I A1* - Public IDAHO Works Department TO: , Kathy Wanner FROM: Dean Stacey, Engineering Project Manager DATE: October 5, 2015 Mayor Tammy de Weerd Ciky Council Hemberle Charlie Rountree Keith Bird !oe Borton Who Cavener Genesis Milam David Zaremba SUBJECT: CONSTRUCTION CONTRACT FOR ABANDONMENT OF MERIDIAN HEIGHTS WELL # 1 ON WEST HARRIS STREET WITH POST DRILLING INC, FOR A NOT -TO -EXCEED AMOUNT OF $89,000. I. DEPARTMENT CONTACT PERSONS Dean Stacey, Engineering Project Manager 489-1386 Kyle Radek, Assistant City Engineer 489-1343 Warren Stewart, City Engineer 489-0350 Tom Barry, PW Director 489-0372 II. DESCRIPTION A. Back rg �ound When Meridian Heights was annexed as part of the City, part of the agreement was to properly abandon Meridian Heights Well ##1 on West Harris Street. This well had been out of service for several years because it produced water with uranium above the regulated maximum contaminant level. This project ensures the City of Meridian: 1, Meets the requirements of the agreement that was entered into with the Meridian Heights Water and Sewer District, 2. Complies with State requirements for well abandonment, and 3. Prevents the spread of uranium -laden water to other sub -aquifer units which could affect existing and future wells. B. Proposed Project The project consists of obtaining a licensed drilling company and placing them under contract to properly abandon the well. The contractor will remove 2 trees blocking well access, remove the existing pump from the well head, and perforate the well casing from 50 to 190 feet below grade. Pressure grout will be used to Page I of 2 fill the well cavity and the annular spaces outside the casing. This project will effectively seal the well, protecting the aquifer from any future contamination. C. Describe Item Construction Contract III. IMPACT A. Fiscal Impacts Project Costs: --------------------------------, Fiscal Year 2016 ------------------------------- ,----------- = ----------------------, ------------- ------ - -;---------- Contract Amount ---- --... - - ------------------------ - --- $89,000 --------------------------------------------------- - -------------;---------- Total Project Cost --------- $89 000 - Project Funding Available ------------------------------------------------- Fiscal Year 2016 i i-------------L------ -------- Account Code/ Codes --------------- ---------------------------------- ----------------- , ----------------------------- 60-3430-54110$89,000 --------------------,--------------------------------------------- --Total Funding -------------------- $89,000 -------'------' Departmental Approval: c9 � Page 2 of 2 CONTRACT FOR PUBLIC WORKS CONSTRUCTION ABANDONMENT OF MERIDIAN HEIGHTS WELL #1 PROJECT # 10541.0 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this day of October, 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 Post Drilling, Inc, hereinafter referred to as "CONTRACTOR", whose business address is P O Box 588, Weiser, ID 83672 and whose Public Works Contractor License # is C -013426 -CC -4 and whose Idaho Well Driller's License # is 670. INTRODUCTION Whereas, the City has a need for services involving ABANDONMENT OF MERIDIAN HEIGHTS WELL #1; 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 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract 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 Exhibit "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, ABANDONMENT OF MERIDIAN HEIGHTS WELL #1 page 1 of 14 Project 10541.0 state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request underthis Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $89,000.00. 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 Exhibit A. ABANDONMENT OF MERIDIAN HEIGHTS WELL #1 page 2 of 14 Project 10541.0 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. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Substantial Completion shall be accomplished within 30 (thirty) 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 $300.00 (three 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. Final Completion of the work as described herein shall be completed within 45 (forty-five) calendar days from the Notice to Proceed. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three 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. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. ABANDONMENT OF MERIDIAN HEIGHTS WELL #1 page 3 of 14 Project 10541.0 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. Independent Contractor: 6.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub -Contractors: Contractor shall require that all of its sub -contractors be licensed per State of Idaho Statute # 54-1901 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. ABANDONMENT OF MERIDIAN HEIGHTS WELL #1 page 4 of 14 Project 10541.0 9. Indemnification and Insurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers 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 specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the 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 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. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 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. 9.4 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 ABANDONMENT OF MERIDIAN HEIGHTS WELL #1 page 5 of 14 Project 10541.0 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. 9.5 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. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. 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. 11. 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. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re -procurement of the contract services. 12. 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. 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. 13. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and ABANDONMENT OF MERIDIAN HEIGHTS WELL #1 page 6 of 14 Project 10541.0 between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. 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: http://www.meridiancity.org/environmental.aspx?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. 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. 17. Reports and Information: 17.1 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. 17.2 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 ABANDONMENT OF MERIDIAN HEIGHTS WELL #1 page 7 of 14 Project 10541.0 representation including letters, words, pictures, sounds or symbols or any combination thereof. 17.3 Upon completion of abandonment the driller shall submit to the Idaho Department of Water Resources, Boise Office a completed Well Abandonment form 238(4)-2. 18. 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. 19. 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. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. 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. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. 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. ABANDONMENT OF MERIDIAN HEIGHTS WELL #1 page 8 of 14 Project 10541.0 23. 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. 24. 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. 25. 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. 26. 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. 27. 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. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. 29. Cleanup: ABANDONMENT OF MERIDIAN HEIGHTS WELL #1 page 9 of 14 Project 10541.0 Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. 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. 32. 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. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Post Drilling, Inc Purchasing Manager Attn: Sherry Young 33 E Broadway Ave P O Box 588 Meridian, ID 83642 Weiser, ID 83672 208-489-0417 Phone: 208-585-3411 Email: off ice@postdrillinq com Idaho Public Works License #C -013426 -CC -4 Idaho Driller License #: 670 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. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. END OF TEXT. SIGNATURES TO FOLLOW ON NEXT PAGE. ABANDONMENT OF MERIDIAN HEIGHTS WELL #1 page 10 of 14 Project 10541.0 Signature Page Abandonment of Meridian Heights Well #1 Project 10541.c CITY OF MERIDIAN WrARD,MAYOR Dated:° 15 Approved by Council: JAYCEE L. HOLMAN, CITY C POST DRILLING INC BY:4 111� Ll-��' I SHERRY YOUNG,` ire resident= Dated: f O�e00'fEDAU`'�'sr G I City of TD1A N�6 IDAHo l rF9 SEAL Purchasing Approval rF�tl'�c TR's��VPDe or ent A Aral BY: KEITH ATTS, Purchasing Manager Dated:: a Project Manager Dean Stacey V P BY: WA REN STEWART, Engineering Manager Dated:: ABANDONMENT OF MERIDIAN HEIGHTS WELL #1 page 11 of 14 Project 10541.0 1 *AV 01 SCOPE OF WORK REFER TO INVITATION TO BID PW -16-10541.0 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -16-10541.C, are by this reference made a part hereof. SCOPE OF WORK All construction work shall be done in accordance with the 2012 version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISP WC (and any Addendums). NOTE: Due to the uniqueness of the site and well facility, it is highly suggested that bidders attend the on-site pre-bid meeting. Provide work to abandon existing.well located in Meridian Heights Subdivision, to include: a) Remove well pump and motor; salvage to Owner or dispose of as directed b) Remove trees and salvage to -adjacent property owner c) Retain and protect existing well house d) Perforate well casing from approximately 50 feet bgs to approximately 109 feet bgs at 5 foot intervals with a minimum of 4 perforations equally spaced around the circumference of the pipe. The well shall be pressure grouted through tremmie pipe from well bottom to surface. A neat cement grout mixture consisting of 94 lbs cement mixed with 6 gallons of clean water will be utilized for grouting the well closed.Remove all excavated material and equipment from each site. Dispose of all material ABANDONMENT OF MERIDIAN HEIGHTS WELL #1 page 12 of 14 Project 10541.0 removed properly. Repair or replace any facility damaged during the work to the final acceptance by the Owner. e) Reference the attached As -Built Drawings to identify type of well constructions and location of well head access in well house. See separate attached documents: • AS -BUILT DRAWINGS — Meridian Heights No 1 Subdivision — Water Distribution System by JUB Engineers dated 6-8-1970 (1 page) • AS -BUILT DRAWINGS — Meridian Heights No 1 Subdivison — Pump Building and Pressure System by JUB Engineers dated 6-8-1970 (1 page) • FIGURE A — Map Location of Well ABANDONMENT OF MERIDIAN HEIGHTS WELL #1 page 13 of 14 Project 10541.0 Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $89,000.00. ABANDONMENT OF MERIDIAN HEIGHTS WELL #1 page 14 of 14 Project 10541.0 t, i` Ldti, -;. f":: =�_ ip,- P IN c v m c r 0 z •[":s�" v m Yto ragge= stn = a A szv z m m Z 0 -- c z v D 'A=g=e7F eFe�� - n e r r♦ H H r s.eIg�g.,sge� gA: - b _0_ IN c v m c r 0 z •[":s�" v m Yto ragge= stn = a A szv z m m Z 0 -- c z v D - n e r r♦ H H r s.eIg�g.,sge� gA: - b _0_ _.� C CQ Gia .` A P �6 D '•2 • f "= S`-:" rs t :•L ae W' inlg ;asF6 He e i sopFsi ° ;,i$ai €ski ga' F 2 _ - 6 13, � Q $gy m •� f ¢s5 - e z � � i 'i � 'S - sy CD M N Lo7 V - CD N v d O 0 w F od w a 0 w 0 TMI d tl r N �O r IL 62 w m z m H z m 0 Q m sgnS asusal-I Ja111i0 Ila asuaal'i Md puo8 g wnpuapp Z wnpuapp wnpuapp pauSIS O 0 z > s�fl Date: 9/8/2015 Fund: 60 Department CONTRACT/ AGENDA CHECKLIST REQUESTING DEPARTMENT Public Works Engineering 3430 GL Account: 54110 Project # 10541.c Construction: X Task Order PSA Equipment Project Name: Abandonment of Meridian Heights Well Project Manager: Dean Stacey Department Representative: Contractor/Consultant/Design Engineer: CH2M Hill (Design) POST DRILLING Budget Available (Attach Report): Contract Amount: $89,000.00 Will the project cross fiscal years? Yes No x Budget Information: FY Budget: FY16 Enhancement #: 13 Grant #: Other: Type of Grant: BASIS OF AWARD Low Bidder X Highest Rated Master Agreement (Bid Results Attached) Yes (Ratings Attached) (Category) Typical Award Yes X No If no please state circumstances and conclusion: Debarment Status (Grant/Federal Funded Projects Only) - Date Award Posted: October 1, 2015 na (Type in date verified and the status) 10 day protest period: October 10, 2015 PW License # C -13426 -CC -4 Expiration Date September 30, 2016 Corporation Status Goodstanding Insurance Certificates Received (Date): October 13, 2015 Expiration Date: July 1, 2016 Rating: A+ Payment and Performance Bonds Received (Date): October 13, 2015 Rating: A Builders Risk Ins. Req'd: Yes na No na If yes, has policy been purchased? na (Only applicabale for projects above $1,000,000) Date Submitted to Clerk for Agenda: October 15, 2015 Approval Date By: Purchase Order No.: Date Issued: WI -15 submitted (Only for PW Construction Projects) NTP Date: (Only for non Public Works Project) eTRAKiT Home I Setup an Account I Log In COnffaClOf V Username Password LOGIN ❑ REMEMBER ME Forgot Password Page 1 of 1 Permits Apply Search Public Works Search Search Again Dovmload Results Printable Veva Pay Fees Post Drilling, Inc. 02520 CC ACTIVE Post Drilling, Inc. Licenses 1013426 102210, 14 I Search Trade Licenses <— -- Search Public Works " Inspections F rst tPrev Page: 1 of 1 Next Lam Schedule iDetails - License Number: 013426 .. - - Cancel i Elevators Lic Info Fees $475.00 Search Elevators Violations Registration #: 013426 Search Issue: 8/26/2015 Sho Pp 9 In Cart Pay All Fees Expire: 9/30/2016 Contact Type: PUBLIC WORKS Contact us Sub -Type: CC Status: ACTIVE Company: Post Drilling, Inc, Phone: (208)585-3411 Cell: (208) 550-0175 Pager: Fax: (208) 549-8112 Owner Name: The Division of Building Safety, makes every effort to produce and publish the most current and accurate information possible, No warranties, expressed or implied, are provided for the data herein, its use, or its Interpretation. Utilization of this website indicates understanding and acceptance of this statement. 1-800-955-3044, 1090 E Walertower St, Suite 150 Meridian ID 83642 HOME I CONTACT" https://web.dbs.idaho.gov/eTRAKiT3/Custom/ldaho PublicWorksSearchRslts.aspx 10/2/2015 IDSOS Viewing Business Entity Page 1 of 1 IDAHO SECRETARY OF STAT m Viewing Business Entity -> Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for POST DRILLING INC. ] [ Monitor POST DRILLING INC. business filings ] DRILLINGPOST PO BOX 588 WEISER, ID 83672 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING State of Origin: IDAHO Date of 10 May 2012 Origination/Authorization: Initial Registered Agent: SHERRY YOUNG 1239 INDIANHEAD RD WEISER, ID 83672 Organizational ID / Filing C194649 Number: Number of Authorized Stock 100000 Shares: Date of Last Annual Report: 23 Mar 2015 Annual Report Due: May 2016 Original Filing: [ Help Me Print/View TIFF ] Filed 10 May 2012 INCORPORATION View Image (PDF format) View Image (TIFF format) [ Help Me Print/View TIFF ] Report for year 2015 ANNUAL REPORT View Document Online Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Idaho Secretary of State's Main Page State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfoOsos.idaho.gov http://www.accessidaho.org/public/sos/corp/C194649.html 10/2/2015 CE 2015 Document A312 TM — 2010FINANCC- Dcp a Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: (Name, legal status and address) Post Drilling, Inc. PO Box 588 Wesier, ID 83672 OWNER: (Name, legal status and address) City of Meridian 33 E. Broadway Ave. Ste. 106 Meridian, ID. 83642 CONSTRUCTION CONTRACT Date: October 2, 2015 67S201420 SURETY: (Naive, legal status and principal place of buaess) The Ohio Casualty Insurance Company 9450 Seward Road Fairfield, OH 45014 This document has important legal consequences. Consultation with Mailing Address for Notices an attorney is encouraged with The Ohio Casualty Insurance Company respect to its completion or Attention: Surety Claims Department modification. 1001 4th Avenue, Suite 1700 Any singular reference to Seattle, WA 98154 Contractor, Surety, Owner or other party shall be considered plural where applicable. Amount: $ 89,000.00 Eighty-nine Thousand Dollars And Zero Cents Description: (Name and location) Abandonment of Meridian Heights Well #1 BOND Date: October 5, 2015 (Not earlier than Construction Conb'act Date) Amount: $ 89,000.00 Eighty-nine Thousand Dollars And Zero Cents Modifications to this Bona: 0 None [–] See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Coipor•ate Seal) Company: (Cotporate Seal) Post Drilling, Inc. The Ohio Casualty Insurance Company Signturz: ./, �h Q Signature: wane Name and Ti41e'. and Title: '&ttepz �c�u N l� Jt CC St aErfT Mary Jagi (Any additional signatures appew- on the last page of this Pei foi,mance Bond) (FOR INFOR<VIATION ONLY — Name, address and telephone) AGENT or BROKER: Post Insurance Services, Inc. PO Box 8447 Boise, ID 83707 S-1852/AS 8/10 OWNER'S REPRESENTATIVE: (Ai-chitect, Engineer or other—party) N/A § 1 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. § 2 If 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. § 3 If 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 ten (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 deuual. § 6 If the Suety does not proceed as provided in Section 5 with reasonable promptness, the Suety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice f om 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 Suety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. S-1852/AS 8/10 § 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. § 8 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 ager 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, tine minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to tine 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 furnished 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 Definitions § 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. § 15 If 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 term Owner shall be deemed to be Contractor. S-1852/AS 8/10 § 16 Modifications to this bond are as follows: (Space is provided below for additional sigrratzrres of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporale Seal) Company: (Corporate Seal) Signature: Name and Title: Address S-1852/AS 8/10 Signature: Name and Title: Address DocumentA312 -2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond 67S201420 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of busies) Post Drilling, Inc. The Ohio Casualty Insurance Company PO Box 588 9450 Seward Road Weiser, ID 83672 Fairfield, OH 45014 This document has important legal consequences. Consultation with Mailing Address for Notices an attorney is encouraged with The Ohio Casualty Insurance Company respect to its completion or Attention: Surety Claims Department modification. OWNER: 1001 4th Avenue, Suite 1700 Any singular reference to (Name, legal status and address) Seattle, WA 98154 Contractor, Surety, Owner or City of Meridian other party shall be considered 33 E. Broadway Ave. Ste. 106 plural where applicable. Meridian, ID. 83642 CONSTRUCTION CONTRACT Date: October 2, 2015 Amount: $ 89,000.00 Eighty-nine Thousand Dollars And Zero Cents Description: (Name and location) Abandonment of Meridian Heights Well #1 BOND Date: October 5, 2015 (Not earlier than Construction Contract Date) Amount: $ 89,000.00 Eighty-nine Thousand Dollars And Zero Cents Modifications to this Bond: FXJ None F-1 See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Post Drilling, Inc. The Ohio Casualty Insurance Company Signature:` o Signature: Nae7e —1 Name and Title: Q and Title: n'EIeR� Ottni L,tVLeE p,ES10&r MaryJagt (Any additional signatures appeal, on the last page of this Payment Bond.) (FOR INFORMATION ONLY — Maine, address and telephone) AGENT or BROKER: Post Insurance Services, Inc. PO Box 8447 Boise, ID 83707 S-2149/AS 8/10 OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) N/A § 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 the 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. § 3 If 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 shall 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. S-2149/AS 8/10 § 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 date received. § 14 When this Bond has been furnished 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 fin•nished, 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 furnish 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 furnished; .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. S-2149/AS 8/10 § 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. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If 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 term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided beloit, for additional signalures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: _ Name and Title: Address S-2149/AS 8110 Signature: _ Name and Title: Address THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED.ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authorityto bind the Company except in the manner and to the extent herein stated. - - - - Certificate No. 6680993 American Fire and Casualty Company_ Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts; and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies),pursuant to and by authority herein set forth; does hereby name, constitute and appoint, Mary Jaguier, Terry S. Robb; William F. Post all the city of -Boise state of iD each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, anyand all undertakings, bonds, recognisances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 13th day of August 2014 y, American Fire and Casualty Company The Ohio Casualty Insurance Company N =: Liberty Mutual Insurance Company 0 r West American Insurance Company E a� ^ STATE OF PENNSYLVANIAss David M. Care , Assistant Secretary *X COUNTY OF MONTGOMERY mOn this 13th day of August 2014 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and ct°t U w Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, _ p 2 execute the foregoing instrument for the purposes therein contained bysigning on behalf of the corporations by himself as a duly authorized officer. _ `m > IN WITNESS WHEREOF, f have hereunto subscribed rrfyname and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. O O• tC 3 = a -a By: �Co 0 O i . Teresa Pastella , Notary Public L .r r O _E O C This Power of Attorney is made and executed pursunC to and by authority of the fol lowing By-laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance to c Company, Liberty Mutual Insurance Company, and:West AingncanInsurance Company which resolutions are now in full force and effect reading as follows: =F, itstm i ARTICLE IV—OFFICERS— Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O C a; to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact; as may be necessary to act in behalf of the Corporation to make, execute, seat, w 4) O = acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective 3{ E r powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so a) 1 0 (u executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under > = the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. le CARTICLE XIII -Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, N H > and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as maybe necessary to act in behalf of the Company to make, execute, M L O seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations, Such attomeys-in-fact subject to the limitations set forth in their .L c oQ Z respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 00 executed such instruments shall be as binding as if signed by the president and attested by the secretary. G T Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- ~ fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety - obligations. Authorization - By unanimous consent of the Companys Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Comp any connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power ofAttomey executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and, affixed the seals of said Companies this 5 day of _ October —120 15 By. Gregory W. Davenport,_ Assistant Secretary LMS_12873_122013 87 of 150 Ro® CERTIFICATE OF LIABILITY INSURANCE ATE 15 Dloi5/2o) THIS CERTIFICATE IS ISSUED AS A 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, ce t n�poJ'fcte__Tiay ,r CAMM a ,endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorserpent(s). PRODUCER " Post Insurance Services, Inc. ± 01.15 2717 W. Bannock St. ##(� y IOT P.O. BOX 8447 � � NI N `'� D CONTACT NAME: Alyshia Gamble PHONE (208)336-5600 FAX (208)344-0651 A/C o Ext A/C No : EMAILADDRESS:g P a amble@ OStins. COm INSURER(S) AFFORDING COVERAGE NAIC q INSURER A'Acuity + 14184 Boise ID 83707 INSURED INSURERB:Idaho State Insurance Fund 36129 INSURER C: Post Drilling Inc. INSURER D: PO BOX 588 INSURER E: INSURER F: Weiser ID 83672 COVERAGES CERTIFICATE NUMBER:2015-2016 REVISION NUMBER: 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR D POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE ❑X OCCUR DAMPREMISAGEES Ea occurrence S ( RENTED 250,000 $ MED EXP (Any one person) $ 10,000 X CG7194; CG7274; CG7301 X X47632 7/1/2015 7/1/2016 PERSONAL BADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 X POLICY ❑ PRO [] LOC JECT PRODUCTS - COMP/OP AGG $ 3,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ A ANY AUTO ALL OWNEDX SCHEDULED AUTOS AUTOS 147632 7/1/2015 7/1/2016 BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS(Par., PROPERTY DAMAGE $ Per accident $ X CA7213; CA7247 . UMBRELLA LIAB dX OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,0 0 000 A X EXCESS LIAR CLAIMS -MADE DED I X I RETENTION$ 0 $ X47632 7/1/2015 7/1/2016 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY ECUTIVE X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 B OFFICER MEIMBEER/EXCLUDED? (Mandatory in NH) N / APARTNER/EX 636813 7/4/2015 7/4/2016 E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Abandonment of Meridian Heights Well # 1 1 -CK I IrII:H I t NULLJCK (208) 887-4813 City of Meridian Purchasing Department 33 E Broadway Ave., Ste 106 Meridian, ID 83642 ACORD 25 (2014/01) INS025 /2014011 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE yshia Gamble/AGS ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Post Drilling Inc. Policy #X47632 ACUITY ENHANCEMENTS - GENERAL LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Extended Non -Owned Watercraft Exclusion g Exception (2)(a) of Coverage A - Bodily Injury and Property Damage Liability is replaced by the following: (a) Less than 51 feet long; and B. Increased Bail Bond Amount The limit shown in paragraph lb of Supplemen- tary Payments - Coverages A and B is in- creased to $1,000. C. Increased Reasonable Expenses Incurred by the Insured The limit shown in paragraph 1d of Supplemen- tary Payments - Coverages A and B is in- creased to $350. D. Newly Acquired Organizations Item 3a of Section it - Who Is An Insured is replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; E. Tenants Legal Liability Paragraphs (1), (3) and (4) of the Damage to Property Exclusion under Section I - Coverages do not apply to property damage (other than damage by fire) to premises, including the con- tents of such premises, rented to you for a period of 8 or more consecutive days. The most we will pay under this coverage for damages because of property damage to any one premises is $10,000. A $250 deductible applies. F. Knowledge of Claim or Suit The following is added to paragraph 2, Duties in the Event of Occurrence, Offense, Claim or Suit of Section IV - Commercial General Liabil- ity Conditions: Knowledge of an occurrence, claim or suit by your agent, servant or employee shall not in itself constitute knowledge of the Named In- sured unless an officer of the Named Insured has received such notice from the agent, ser- vant or employee. G. Unintentional Failure to Disclose Hazard The following is added to the Representations Condition under Section IV - Commercial Gen- eral Liability Conditions: Based on our dependence upon your repre- sentations as to existing hazards, if unintention- ally you should fail to disclose all such hazards CG -7301(4-08) at the inception date of your policy, we will not reject coverage under this policy based solely on such failure. H. Waiver of Subrogation for Written Contracts The following is added to the Transfer of Rights of Recovery Against Others to Us Condition under Section IV - Commercial General Liability Conditions: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or or- ganization and included in the products -com- pleted operations hazard. The waiver applies only to a person or organization with whom you have a written contract or agreement in which you are required to waive rights of recovery under this policy. Such contract or agreement must have been executed prior to the occur- rence causing injury or damage. I. Liberalization The following is added to Section IV - Commer- cial General Liability Conditions: If we adopt any revision that would broaden the coverage under this policy without additional premium within 45 days prior to or during the policy period, the broadened coverage will im- mediately apply to this policy. J. Broadened Bodily Injury The Definition of Bodily Injury is amended to include mental anguish. K. Electronic Data Liability 1. The following paragraph is added to Section III - Limits of Insurance: Subject to paragraph 5 above, $10,000 is the most we will pay under Coverage A for property damage because of all loss of electronic data arising out of any one occur- rence. 2. The following definition is added to Section V - Definitions: (continued next page) "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and application software), hard or floppy disks, CD-ROM$, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 3. For the purposes of this coverage, the defi- nition of "property damage" in Section V - Definitions is replaced by the following: "Property damage" means: Post Drilling Inc. Policy #X47632 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -AUTO- CG -7194(5.13) MATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Section II - Who Is An Insured is amended to include as an additional insured: a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as addi- tional insured on your policy; and b. Any other person or organization you are required to add as an additional insured under the contract or agreement described in paragraph a above. Such person or organization is an additional insured only with respect to liability for bodily injury, property damage or personal and ad- vertising injury caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an addi- tional insured under this endorsement ends when your operations for that additional insured are completed. 2. With respect to the insurance afforded to these additional insureds, the following additional ex- clusions apply: This insurance does not apply to: a. Bodily injury, property damage or personal and advertising Injury arising out of the ren- dering of, or the failure to render, any pro- fessional architectural, engineering or sur- veying services, including: (1) The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. b. Bodily injury or property damage occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured(s) at the location of the covered operations has been complet- ed; or (2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in per- forming operations for a principal as a part of the same project. 3. The insurance provided by this endorsement is primary and noncontributory. Post Drilling Inc. Policy #X47632 ADDITIONAL INSURED - COMPLETED OPERATIONS - PRIMARY CG -7274(5.13) AND NONCONTRIBUTORY AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU (OWNERS, LESSEES OR CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Section II - Who Is An Insured is amended to include as an additional insured: a. Any person(s) or organization(s) for whom you have performed operations if you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your poli- cy for completed operations; and b. Any other person(s) or organization(s) you are required to add as an additional insured under the contract or agreement described In paragraph a above. Such person or organization is an additional insured only with respect to liability included in the products -completed operations hazard for bodily injury or property damage caused, in whole or in part, by your work performed for that additional insured at the location desig- nated and described in the contract or agree- ment. 2. This insurance does not apply to: a. Bodily injury or property damage which oc- curs prior to the execution of the contract or agreement described in item 1; or b. Bodily injury or property damage that oc- curs after the time period during which the contract or agreement described in item 1 requires you to add such person or or- ganization onto your policy as an additional insured for completed operations; or c. Bodily injury or property damage arising out of the rendering of, or the failure to render, any professional, architectural, engineering or surveying services, including: (1) The preparing, approving or failing to prepare or approve maps, shops drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. 3. The insurance provided by this endorsement is primary and noncontributory. L o r -- Ln N Ln o aow a 0 0 0 0 0 0 0 0 0 0 W b O G o o 0 0 0 41 0 0 0 0 � U � S4 W N L4 441 x ro x co co 0 0 0 0 0 N 0 G 0 0 0 0 0 O 0 0 0 0 o 0 0 N -(a C4 TS ro o O � o �n rn m w c <r x a N 0 0 Nb m 41 U o 0 o 0 0 0 0 0 0 O Cr a W b N N I o 0 0 0 0 a)O as 7 (o v a ° $4 I 4 o 44 d 4) y F OG R L W U y X+ N u w M o 0 0 0 0 G ro a M U -P 4J o 0 0 0 0 S o 0 o 0 0 N o 0 0 0 0 G G W JJ 'O G c N N N N N Ln > w o41 � G N N � 6 H u H M OU W c ° z m y+ C H W a ID 14 w G G F H m� W 0 to o u 0 z w z Sro� ro A a k H 3 H W W C4 H w a F a w o O Q F L o r -- Ln N Ln Meridian City Council Meeting DATE: October 20, 2015 ITEM NUMBER: 5M PROJECT NUMBER: ITEM TITLE: Water Sewer Easments Meridian Heights Water and Sewer Easements from Meridian Heights Water and Sewer District - Notice of City of Meridian as Successor Grantee after dissolution of 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 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: ADA COUNTY RECORDER Christopher D. Rich 2015-097492 BOISE IDAHO Pgs=5 NIKOLA OLSON 10/21/2015 03:00 PM MERIDIAN CITY NO FEE 111111111111111111111111111111111111111111111111111 00157947201500974920050057 (Space Above For Recorder's Use) NOTICE OF SUCCESSOR GRANTEE CITY OF MERIDIAN WATER AND WASTEWATER PUBLIC UTILITY EASEMENT AGREEMENT 322 W. HARRIS STRET WHEREAS, on the 91h day of December, 2014, the Meridian Heights Water and Sewer District (MHWSD) was granted a Utility Easement Agreement by the owner of the real property legally described in the first recital of the attached Exhibit A, recorded as Ada County Instrument Number 2014-100180; and, WHEREAS, said Easement was granted to MHWSD and its heirs, successors, and assigns; and, WHEREAS, on the 11th day of December, 2014, MHWSD was granted an Order of Dissolution pursuant to Idaho Code 42-3239, Ada County Instrument Number 2014-101376; and, WHEREAS, the Order of Dissolution included approval of the transfer of District Assets to the City of Meridian; and, WHEREAS, Pursuant to Idaho Code 42-3239, MHWSD adopted Resolution 14-3 transferring the District's assets to the City of Meridian, and the City of Meridian adopted Resolution 14- 996A accepting the assets of the District. NOW, THEREFORE, in consideration of the premises, the Grantor of the Utility Easement Agreement described herein is hereby notified that the City of Meridian is the rightful Successor Grantee of said Easement Agreement, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference. IN WITNESS WHEREOF, the City Council of the City of Meridian at its regularly scheduled meeting on the 20th day of October 2015 has approved this Notice and directed the Mayor to sign. SUCCESSOR GRANTEE CITY OF MERIDIAN By��r�f— Mayor Tam y e Weerd STATE OF IDAHO ) ss. County of Ada ) AUpc Attest: sT IDIAN IDAHO SEAL On this Do day of , 2015, before me 'dam , personally appeared Tammy de Weerd and Jaycee Holman, known or identified to me to be the Mayor and City Clerk of the municipal corporation who executed and attested, respectively ,the instrument on behalf of said municipal corporation, and acknowledged to me that such municipal corporation 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, ®880860666 --_ _ _ ®TAS ®; NOTARY PUBLIC -FO IDAHO ® : Residing at t My Commission Expires 0cm Ll IG 'O EXHIBIT A ADA COUNTY RECORDER Christopher D, Rich 2014-100180 BOISE IDAHO Ppsa3 VICTORIA BAILEY 1211212014 08:31 AM MERIDIAN HEIGHTS WATER & SEWER NO FEE Od048078201401001800030038, UTILITY EASEMENT AGREEMENT THIS UTILITY EASEMENT AND AGREEMENT ("Agreement") is made and entered into as of this 6? day of L&R 2014, by and between SHAD and RACHEL JESSEN, husband and wife ("Grantors"), and the MERIDIAN HEIGHTS WATER AND SEWER DISTRICT, a duly organized and existing political subdivision of the State of Idaho, whose mailing address is P.O. Box 472, Meridian, Idaho 83680 ("Grantee"). RECITALS WHEREAS Grantors own certain real property located within the Meridian Heights Water and Sewer District boundaries with a street address of 322 W. Harris Street, Meridian, Idaho 83642 and more particularly described as Lot 24 Block 5 Meridian Heights #3, Ada County, Idaho, according to the official plat recorded in the office of the Ada County Recorder at Book 62, Page 6274 {"Grantors' Property"); and WHEREAS, Grantee requires access to Grantor's Property for the purpose of maintaining a utility line owned by the Grantee; and WHEREAS Grantors have agreed to grant and convey to Grantee a perpetual non- exclusive right-of-way and utility easement through a portion of Grantors' Property, subject to the terms and conditions of this Agreement. GRANT OF EASEMENT AND AGREEMENT NOW, THEREFORE, in consideration of the mutual promises herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by both parties, the parties agree as follows: 1. Grant, Grantors hereby grant and convey without warranty unto Grantee; its heirs, successors and assigns and any person who the Grantee permits to use said Easement, subject to the terms and conditions herein contained, a perpetual non-exclusive utility easement across a fifteen foot (15') wide corridor along the northern property line of Grantors' Property, for the maintenance of utility lines, 2. Use of Easement. Grantee, its agents or transferees, shall have the right to perform any maintenance they may deem necessary or wish to exercise in connection with the Easement, including but not restricted thereto, the right to make necessary repairs, alterations, removals or replacements thereof, together with the right and privilege of ingress and egress to and from said property for said purposes, Grantee shall have the full and free right and authority to install, construct, operate, maintain, repair, replace and reconstruct public utilities for water and wastewater purposes and for any other utility purposes that the Grantee may deem necessary over, across, through, in and under that certain parcel of land described as Grantors' Property provided that Grantee does not interfere with or restrict Grantors' use and enjoyment of Grantors' Property. UTILITY EASEMENT AGREEMENT (JESSEN) - 1 0 3. Indemnity. Grantee shall, to the fullest extent permitted by law, indemnify, defend and save Grantors, their agents, successors and .assigns, harmless from any and all claims, liabilities, losses, costs, charges or expenses, (including without limitation, reasonable attorney's fees) which Grantors may incur as a result of any negligent or intentional act or omission of either of Grantee or it's respective agents, contractors, tenants, licensees and invitees, in the use, repair or maintenance of the Easement granted hereunder. If any action, claim or demand is made upon Grantors for any negligent or intentional act or omission of either of Grantee or it's respective agents, contractors, tenants, licensees or invitees, Grantee agrees to pay all costs, charges, attorney's fees, settlements, judgments or other expenses incurred by or obtained against Grantor as a consequence of any such. action, claim or demand. 4. Binding Effect. The Easement granted hereunder shall run with the land and shall be binding upon all persons having or acquiring any right, title or interest therein or any portion thereof and upon their respective heirs, successors and assigns. S. Authority. Grantors and Grantee represent and warrant as of the date of this Agreement that each of them, and the persons executing this Agreement on their behalf, have the power and authority to execute this Agreement and to perform their respective obligations hereunder. 6. Interpretation. In the event of a dispute involving the interpretation of this Agreement, the parties agree that any ambiguities that may be found to exist which may affect the rights or obligations of either party shall not be construed against the drafter of this Agreement. As used in this Agreement, the terms "herein," "hereby" and "hereunder" shall have reference to the entire contents of this Agreement and not only the paragraph in which such terms appear. IN WITNESS WHEREOF the parties have executed this Agreement as of the date first written above. GRANTORS: Shad Jessen STATE OF IDAHO ) UTILITY EASEMENT AGREEMENT (JEssEN)'- 2 Rachel Jessen ATTEST: L Gina Harris, District Uerk r )ss. County of Ada ) On this SINay of e L. ' 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Shad Jessen and Rachel Jessen, husband and wife, known or identified to me to be the persons who executed the foregoing instrument and acknowledged to me that they 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 written above. CILo�sh 9 ig rrr�!�i '� ...•.......<0��., Notary Public for Idaho 4'.•' • 's �2 Residing at My commission expires: pU60 0 STATE OF IDAHO )ss. County of Ada ) On this nday of 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Gordon Hamilton, known or satisfactorily identified to me to be the Chairman of the Board of the Meridian Heights Water & Sewer District, the person who executed this instrument on behalf of said entity, and acknowledged to me that said entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above. GINA M HARRIS NOTARY PUBLIC STATE OF IDAHO UTILITY EASEMENT AGREEMENT (JESSEN) - 3 Notary Public for 11ta13q Residing atnw C�; My commission expires:. RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: ADA COUNTY RECORDER Christopher D. Rich 2015-097493 BOISE IDAHO Pgs=5 NIKOLA OLSON 10/21/2015 03:00 PM MERIDIAN CITY _ - NO FEE I'1I'I'II11'II 1I "'1 I I1' 00157950201500974930050059 (Space Above For Recorder's Use) NOTICE OF SUCCESSOR GRANTEE CITY OF MERIDIAN WATER AND WASTEWATER PUBLIC UTILITY EASEMENT AGREEMENT 395 W. BLOOMINGTON WHEREAS, on the 2nd day of December, 2014, the Meridian Heights Water and Sewer District (MHWSD) was granted a Utility Easement Agreement by the owner of the real property legally described in the first recital of the attached Exhibit A, recorded as Ada County Instrument Number 2014-100181; and, WHEREAS, said Easement was granted to MHWSD and its heirs, successors, and assigns; and, WHEREAS, on the 11th day of December, 2014, MHWSD was granted an Order of Dissolution pursuant to Idaho Code 42-3239, Ada County Instrument Number 2014-101376; and, WHEREAS, the Order of Dissolution included approval of the transfer of District Assets to the City of Meridian; and, WHEREAS, Pursuant to Idaho Code 42-3239, MHWSD adopted Resolution 14-3 transferring the District's assets to the City of Meridian, and the City of Meridian adopted Resolution 14- 996A accepting the assets of the District. NOW, THEREFORE, in consideration of the premises, the Grantor of the Utility Easement Agreement described herein is hereby notified that the City of Meridian is the rightful Successor Grantee of said Easement Agreement, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference. IN WITNESS WHEREOF, the City Council of the City of Meridian at its regularly scheduled meeting on the 20th day of October 2015 has approved this Notice and directed the Mayor to sign. SUCCESSOR GRANTEE CITY OF MERIDIAN By' Mayor TammC de eerd STATE OF IDAHO ) ss. County of Ada ) f City of CM El TITIAN F SEAL. ti rFR Ihe TAE Attest: On this @0 day of , 2015, before me t'3 C)Y\e--S,, personally appeared Tammy de Weerd and Jaycee Holman, known or identified to me to be the Mayor and City Clerk of the municipal corporation who executed and attested, respectively ,the instrument on behalf of said municipal corporation, and acknowledged to me that such municipal corporation 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. NA j�o NOTARY PUBLIC -FOR IDAHO Residing at l 6 a 1� My Commission Expires Ll . •"N I C ,- ••?�' •.a.ad. 2 EXHIBIT A ADA COUNTY RECORDER Christopher D. Rich 2014-100181 BOISE IDAHO Pgsa3 VICTORIA BAILEY 12/1212014 08:32 AM MERIDIAN HEIGHTS WATER & SEWER NO FEE 00040071201401001010030032 UTILITY EASEMENT AGREEMENT THIS UTILITY EASEMENT AND AGREEMENT ("Agreement") is made and entered into as of this ,9\ day of &&,W 2014, by and between KELLY STULTZ, an individual ("Grantor"), and the MERIDIAN HEIGHTS WATER AND SEWER DISTRICT, a duly organized and existing political subdivision of the State of Idaho, whose mailing address is P.O. Box 472, Meridian, Idaho 83680 ("Grantee"). RECITALS WHEREAS Grantor owns certain real property located within the Meridian Heights Water and Sewer District boundaries with a street address of 395 W. Bloomington St., Meridian, Idaho 83642 and more particularly described as Lot 11 Block 4 Meridian Heights #3, Ada County, Idaho, according to the official plat recorded in the office of the Ada. County Recorder at Boob 62, Page 6274 ("Grantor's Property"); and WHEREAS, Grantee requires access to Grantor's Property for the purpose of maintaining a utility line owned by the Grantee; and WHEREAS Grantor has agreed to grant and convey to Grantee a perpetual non-exclusive utility easement through a portion of Grantor's Property, subject to the terms and conditions of this Agreement. GRANT OF EASEMENT AND AGREEMENT NOW, THEREFORE, in consideration of the mutual promises herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by both parties, the parties agree as follows: 1. Grant. Grantor hereby grants and conveys without warranty unto Grantee, its heirs, successors and assigns and any person who the Grantee permits to use said Easement, subject to the terms and conditions herein contained, a perpetual non-exclusive utility easement across a fifteen foot (15') wide corridor along the northern property line of Grantor's Property, for the maintenance of utility lines, 2. Use of Easement. Grantee, its agents or transferees, shall have the'right to perform any maintenance they may deem necessary or wish to exercise in connection with the Easement, including but not restricted thereto, the right to make necessary repairs, alterations, removals or replacements thereof, together with the right and privilege of ingress and egress to and from said property for said purposes. Grantee shall have the full and free right and authority to install, construct, operate, maintain, repair, replace and reconstruct public utilities for water and wastewater purposes and for any other utility purposes that the Grantee may deem necessary over, across, through, in and under that certain parcel of land described as Grantor's Property provided that Grantee does not interfere with or restrict Grantor's use and enjoyment of Grantor's Property. UTILITY EASEMENT AGREEMENT (STULTZ)) - 1 3. Indemnity. Grantee shall, to the fullest extent permitted by law, indemnify, defend -and save Grantor, her agents, successors and assigns, harmless from any and all claims, liabilities, losses, costs, charges or expenses, (including without limitation, reasonable attorney's fees) which Grantor may incur as a result of any negligent or intentional act or omission of either of Grantee or it's respective agents, contractors, tenants, licensees and invitees, in the use, repair or maintenance of the Easement granted hereunder. If any action, claim or demand is made upon Grantor for any negligent or intentional act or omission of either of Grantee or it's respective agents, contractors, tenants, licensees or invitees, Grantee agrees to pay all costs, charges, attorney's fees, settlements, judgments or other expenses incurred by or obtained against Grantor as a consequence of any such action, claim or demand. 4. Binding Effect. The Easement granted hereunder shall run with the land and shall be binding upon all persons having or acquiring any right, title or interest therein or any portion . thereof and upon their respective heirs, successors and assigns. 5. Authority. Grantor and Grantee represent and warrant as of the date of this Agreement tliat each of them, and the persons executing this Agreement on their behalf, have the power and authority to execute this Agreement and to perform their respective obligations hereunder. 6. Interpretation, In the event of a dispute involving the interpretation of this Agreement, the parties agree that any ambiguities that may be found to exist which may affect the rights or obligations of either party shall not be construed against the drafter of this Agreement. As used in this Agreement, the terms "herein," "hereby" and "hereunder" shall have reference to the entire contents of this Agreement and not only the paragraph in which such terms appear. IN WITNESS WHEREOF the parties have executed this Agreement as of the date first written above. GRANTOR: Felly Stultz GRANTEE: Meridian Heights Water & Sewer t' Gor n Hamilton Its: airman UTILITY EASEMENT AGREEMENT (STULTZ)) - 2 STATE OF IDAHO ) )ss. County of Ada ) On this ;?— day of T;&, , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Kelly Stultz, known or identified to me to be the person who executed the foregoing instrument and acknowledged to me that she 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 written above. STATE OF IDAHO ) )ss. County of Ada ) eu'(� Notary Public for daho Residing at (!W"., .Z% $3665" My commission expires: tl /?Vls On this day of Oean�(2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Gordon Hamilton, known or satisfactorily identified to me to be the Chairman of the Board of the Meridian Heights Water & Sewer District, the person who executed this instrument on behalf of said entity, and acknowledged to me that said entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above. , I 1 11 GINA M HARRIS NOTARY PUBLIC STATE OF IDAHO UTQdTY EASEMENT AGREEMENT (STULTZ)) - 3 Residing at - My commission RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: ADA COUNTY RECORDER Christopher D. Rich 2015-097494 BOISE IDAHO Pgs=S NIKOLA OLSON 10/21/2015 03:00 PM MERIDIAN CITY NO FEE IIIIIIIIII IN 1111111111111 II II II 11111111 II II1 III 00157952201500974940050055 (Space Above For Recorder's Use) NOTICE OF SUCCESSOR GRANTEE CITY OF MERIDIAN WATER AND WASTEWATER PUBLIC UTILITY EASEMENT AGREEMENT 344 W. HARIS WHEREAS, on the 28th day of November, 2014, the Meridian Heights Water and Sewer District (MHWSD) was granted a Utility Easement Agreement by the owner of the real property legally described in the first recital of the attached Exhibit A, recorded as Ada County Instrument Number 2014-100182; and, WHEREAS, said Easement was granted to MHWSD and its heirs, successors, and assigns; and, WHEREAS, on the 11th day of December, 2014, MHWSD was granted an Order of Dissolution pursuant to Idaho Code 42-3239, Ada County Instrument Number 2014-101376; and, WHEREAS, the Order of Dissolution included approval of the transfer of District Assets to the City of Meridian; and, WHEREAS, Pursuant to Idaho Code 42-3239, MHWSD adopted Resolution 14-3 transferring the District's assets to the City of Meridian, and the City of Meridian adopted Resolution 14- 996A accepting the assets of the District. NOW, THEREFORE, in consideration of the premises, the Grantor of the Utility Easement Agreement described herein is hereby notified that the City of Meridian is the rightful Successor Grantee of said Easement Agreement, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference. IN WITNESS WHEREOF, the City Council of the City of Meridian at its regularly scheduled meeting on the 20th day of October 2015 has approved this Notice and directed the Mayor to sign. SUCCESSOR GRANTEE CITY OF MERIDIAN Attest: L r� By — City of Mayor Ta y Weerd ERTDIANt- SEAL STATE OF IDAHO ) ss. County of Ada ) On this day of , 2015, before me � ®� personally appeared Tammy de Weerd and Jaycee Holman, known or identified to me to be the Mayor and City Clerk of the municipal corporation who executed and attested, respectively ,the instrument on behalf of said municipal corporation, and acknowledged to me that such municipal corporation 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. NOTARY UBLIt-F& IDAHO Residing at A ` 1 My Commission Expires ADA COUNTY RECORDER Christopher D. Rich 2014-100182 BOISE IDAHO Pgs=3 VICTORIA BAILEY 12/1212014 08:32 AM MERIDIAN HEIGHTS WATER & SEWER NO FEE 0004807820140 001820030030 UTILITY EASEMENT AGREEMENT THIS UTILITY EASEMENT AND AGREEMENT ("Agreement") is made and entered into as of this _2,7 day of hLwW,,�A , 2014, by and between SCOTT and TONIA SPRINGER, husband and wife ("Grantors"), and the MERIDIAN HEIGHTS WATER AND SEWER DISTRICT, a duly organized and existing political subdivision of the State of Idaho, whose mailing address is P.O. Box 472, Meridian, Idaho 83680 ("Grantee"). RECITALS WHEREAS Grantors own certain real property located within the Meridian heights Water and Sewer District boundaries with a street address of 344 W. Harris Street, Meridian, Idaho 83642 and more particularly described as Lot 25 Block 5 Meridian Heights #3, Ada County, Idaho, according to the official plat recorded in the office of the Ada County Recorder at Book 62, Page 6274 ("Grantors' Property"); and WHEREAS, Grantee requires access to Grantor's Property for the purpose of maintaining a utility line owned by the Granted; and WHEREAS Grantors have agreed to grant and convey to Grantee a perpetual non- exclusive utility easement through a portion of Grantors' Property, subject to the terms and conditions of this Agreement. GRANT OF EASEMENT AND AGREEMENT NOW, THEREFORE, in consideration of the mutual promises herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by both parties, the parties agree as follows: 1. Grant. Grantors hereby grant and convey without warranty unto Grantee, its heirs, successors and assigns and any person who the Grantee permits to use said Easement, subject to the terms and conditions herein contained, a perpetual non-exclusive utility easement across a fifteen foot (15') wide corridor along the northern property line of Grantor's Property, for the maintenance of utility lines. 2. Use of Easement. Grantee, its agents or transferees, shall have the right to perform any maintenance they may deem necessary or wish to exercise in connection with the Easement, including but not restricted thereto, -the right to make necessary repairs, alterations, removals or replacements thereof, together with the right and privilege of ingress and egress to and from said property for said purposes. Grantee shall have the full and free right and authority to install, construct, operate, maintain, repair, replace and reconstruct public utilities for water and wastewater purposes and for any other utility purposes that the Grantee may deem necessary over, across, through, in and under that certain parcel of land described as Grantors' Property provided that Grantee does not interfere with or restrict Grantors' use and enjoyment of Grantors' Property. UTILITY EASEMENT AGREEMENT (SPRINGER) - 1 t. -.1 'S 3. Indemnity. Grantee shall, to the fullest extent permitted by law, indemnify, defend and save Grantors, their agents, successors and assigns, harmless from any and all claims, liabilities, losses, costs, charges or expenses, (including without limitation, reasonable attorney's fees) which Grantors may incur as a result of any negligent or intentional act or omission of either of Grantee or it's respective agents, contractors, tenants, licensees and invitees, in the use, repair or maintenance of the Easement granted hereunder. If any action, claim or demand is made upon Grantors for any negligent or intentional act or omission of either of Grantee or it's respective agents, contractors, tenants,' licensees or invitees, Grantee agrees to pay all costs, charges, attorney's fees, settlements, judgments or other expenses incurred by or obtained against Grantor as a consequence of any such action, claim or demand, 4. Binding Effect. The Easement granted hereunder shall run with the land and shall be binding upon all persons having or acquiring any right, title or interest therein or any portion thereof and upon their respective heirs, successors and assigns. 5. Authority. Grantors and Grantee represent and warrant as of the date of this Agreement that each of them, and the persons executing this Agreement on their behalf, have the power and authority to execute this Agreement and to perform their respective obligations hereunder. 6. Interpretation. In the event of a dispute involving the interpretation of this Agreement, the parties agree that any ambiguities that may be found to exist which may affect the rights or obligations of either party shall not be construed against the drafter of this Agreement. As used in this Agreement, the terms "herein," "hereby" and "hereunder" shall have reference to the entire contents of this Agreement and not only the paragraph in which such terms appear. IN WITNESS WHEREOF the parties have executed this Agreement as of the date first written above. GRANTORS: Scott Springer Tonia Springer VA GRANTEE: ,�- Meridian IIeights W- ter &Sewer Di / By:--- Gor n Hamilton Its: rairman UTILITY EASEMENTAGREEMENT (SPRINGER) - 2 STATE OF IDAHO ) )ss. County of Ada ) On this 5 day of , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Scott Springer and Tonia Springer, husband and wife, known or identified to me to be the persons who executed the foregoing instrument and acknowledged to me that they 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 written above. GINA M HARRIS rlOTxRY PUBLIC S1'A.TE OF IDAHO STATE OF IDAHO ) )ss. County of Ada ) Residing at -6! My commission expires: On this e day ofQ� 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Gordon Hamilton, known or satisfactorily identified to me to be the Chairman of the Board of the Meridian Heights Water & Sewer District, the person who executed this instrument on behalf of said entity, and acknowledged to me that said entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed any official seal the day and year in this certificate first written above. / j { A- /-9 J / - 1\ GINA M HARRIS NOTARY PUBLIC STATE OF IDAHO UTILITY EASEMENT AGREEMENT (SPRINGER) - 3 Notary Public fc Residing at My commission RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: ADA COUNTY RECORDER Christopher D. Rich 2015-097495 BOISE IDAHO Pgs=7 NIKOLA OLSON 10/21/2015 03:00 PM MERIDIAN CITY NO FEE 1111111111111111111111111111111 IN 111111 11111111 00157966201600974960070072 (Space Above For Recorder's Use) NOTICE OF SUCCESSOR GRANTEE CITY OF MERIDIAN WATER AND WASTEWATER PUBLIC UTILITY EASEMENT AGREEMENT 366 W. HARRIS WHEREAS, on the 24th day of November, 2014, the Meridian Heights Water and Sewer District (MHWSD) was granted a Utility Easement Agreement by the owner of the real property legally described in the first recital of the attached Exhibit A, recorded as Ada County Instrument Number 2014-100183; and, WHEREAS, said Easement was granted to MHWSD and its heirs, successors, and assigns; and, WHEREAS, on the 11th day of December, 2014, MHWSD was granted an Order of Dissolution pursuant to Idaho Code 42-3239, Ada County Instrument Number 2014-101376; and, WHEREAS, the Order of Dissolution included approval of the transfer of District Assets to the City of Meridian; and, WHEREAS, Pursuant to Idaho Code 42-3239, MHWSD adopted Resolution 14-3 transferring the District's assets to the City of Meridian, and the City of Meridian adopted Resolution 14- 996A accepting the assets of the District. NOW, THEREFORE, in consideration of the premises, the Grantor of the Utility Easement Agreement described herein is hereby notified that the City of Meridian is the rightful Successor Grantee of said Easement Agreement, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference. IN WITNESS WHEREOF, the City Council of the City of Meridian at its regularly scheduled meeting on the 201h day of October 2015 has approved this Notice and directed the Mayor to sign. SUCCESSOR GRANTEE CITY OF MERIDIAN Attest: Zititgo�lUGL, ee '- ti By Y Y EIAN TDy Clerk ity of Mayor Ta m de Weerd IDAIiO a SEALL ww w ,D rF40f+6, TAE '�$1; STATE OF IDAHO ) ss. County of Ada ) On this day of, 2015, before me ! , personally appeared Tammy de Weerd and Jaycee Holman, known or identified to me to be the Mayor and City Clerk of the municipal corporation who executed and attested, respectively ,the instrument on behalf of said municipal corporation, and acknowledged to me that such municipal corporation 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. - w e e s . 2 NOTARY PUBLiCFdR IDAHO Residing at kok V\ t My Commission Expires OeLVAUAV tA . 0 EXHIBIT A ADA COUNTY RECORDER Christopher D. Rich 2014100183 ' BOISE IDAHO Pgs=6 VICTORIA BAILEY 12112/2014 08:32 AM MERIDIAN HEIGHTS WATER $ SEWER NO PEE AJULASH 1112111011 11 Firrmal ITEM 00048079201401001830060069 UTILITY EASEMENT AGREEMENT THIS RIGHT -OP -WAY AND UTILITY EASEMENT AND AGREEMENT ("Agreement") is made and entered into as of this Aif 'ifday of Bove r', 2014, by and between JASON MICK, an individual, by and through his duly appointed attorney-in-fact CAMILE NIICK ("Grantor"), and the MERIDIAN HEIGHTS WATER AND SEWER DISTRICT, a duly organized and existing political subdivision of the State of Idaho, whose mailing address is P.O. Box 472, Meridian, Idaho 83680 ("Grantee"). RECITALS WHEREAS Grantor owns certain real property located within the Meridian Heights Water and Sewer District boundaries with a street address of 366 W. Harris Street, Meridian, Idaho 83642 and more particularly described as Lot 26 Block 5 Meridian Heights 43, Ada County, Idaho, according to the official plat recorded in the office of the Ada County Recorder at Boob 62, Page 6274 ("Grantor's Property"); and WHEREAS, Grantee requires access to Grantor's Property for the purpose of maintaining a utility line owned by the Grantee; and WHEREAS Grantor has agreed to grant and convey to Grantee a perpetual non-exclusive utility easement through a portion of Grantor's Property, subject to the terms and conditions of this Agreement. GRANT OF EASEMENT AND AGREEMENT NOW, THEREFORE, in consideration of the mutual promises herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by both parties, the parties agree as follows: 1. Grant. Grantor hereby grants and conveys without warranty unto Grantee, its heirs, successors and assigns and any person who the Grantee permits to use said Easement, subject to the terms and conditions herein contained, a perpetual non-exclusive utility easement across a fifteen foot (15') wide corridor along the northern property line of Grantor's Property, for the maintenance of utility lines. 2. Use of Easement. Grantee, its agents or transferees, shall have the right to perform any maintenance they may deem necessary or wish to exercise in connection with the Easement, including but not restricted thereto, the right to make necessary repairs, alterations, removals or replacements thereof, together with the right and privilege of ingress and egress to and from said property for said purposes. Grantee shall have the full and free right and authority to install, construct, operate, maintain, repair, replace and reconstruct public utilities for water and wastewater purposes and for any other utility purposes that the Grantee may deem necessary over, across, through, in and under that certain parcel of land described as Grantor's Property provided that Grantee does not interfere with or restrict Grantor's use and enjoyment of Grantor's Property. UTJLTTY EASEMENT AGREEhMNT (MICK) - 1 3. Indemnity, Grantee shall, to the fullest extent permitted by law, indemnify, defend and save Grantor, its agents, successors and assigns, harmless from any and all claims, liabilities, losses, costs, charges or expenses, (inclvding without limitation, reasonable attorney's fees) which Grantor may incur as a ~result of any negligent or intentional act or omission of either of Grantee or .it' s , respective agents, contractors, tenants, licensees and invitees,, in the use, repair or maintenance of the Easement granted her6unden. If any action, claim or demand is made upon Grantor for any negligent or intentional act or, omission of either of Grantee or it's respective agents, contractors, tenants, licensees or invitees, Grantee agrees to pay all -costs, charges, attorney's fees, settlements, judgments or other expenses incurred by or obtained against Grantor as a consequence of any such action, claim or demand. 4. •Binding Effect. The Easement granted hereunder shall run with the land. and shall be binding upon all persons having or acquiring any right, title or interest therein or any portion thereof and upon their respective heirs, successors and assigns. 5. Authority. Grantor and Grantee represent and warrant as of the date of this Agreement that each of them, and the persons executing this Agreement on their behalf, have the power and authority to execute this Agreement and to perforin their respective obligations hereunder. 6. . Interpretation. In the event of a dispute involving the interpretation of this Agreement, the parties agree that any ambiguities that may be found to exist which may affect the rights or obligations of either party shall not be construed against the drafter of this Agreement. As used in this Agreement, the terms `%rerein," "hereby" and "Hereunder" shall have reference to the entire contents of this Agreement and not only the paragraph in which such terms appear. IN WITNESS WHEREOF the parties have executed this Agreement as of the date first, written above, GRAMI'OR: Jason Mick By: A1fLlo 4'i�tt L Camile Mick His: Attorney -in -Fact GRANTEE: / Meridian Heights Wate &Sewer District By: j - Gordon am'Iton Its: Cha' an UTILITY EASEMENT AGREEMENT (MICK) - 2 FIX STATE OF IDAHO ) )ss, County of Ada ) On this aµ day of Ain ven%b , , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Camile Mick as attorney-in-fact for Jason Mick, known or identified to me to be the person who executed the foregoing instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year ju.Ws certificate first written above. 14 A :. pTA � 's Notary ublic for Idaho � i� Residing at tc41 pU81�1� My commission expires: VzIlde)j�e � %two �ofhln STATE OF IDAHO ) )ss. County of Ada ) On this e day of 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Gordon Hamilton, known or satisfactorily identified to me to be the Chairman of the Board of the Meridian Heights Water & Sewer District, the person who executed this instrument on behalf of said entity, and acknowledged to me that said entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above. GINA M HARRIS NOTARY PUBLIC STATE OF IDAHO UTILITY EASEMENT AGREEMENT (MILK) - 3 Residing atm My commission ^Opy DURABLE POWER OP ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That --YA 5 a 1-A M �6k , City 'of Nle,r- Hie- o , County of Ada , State of 1 a a" , has made, constituted and appointed and by these presents does make, constitute and appoint iAMILE N ICL- , City of ois-e- County of a_ , State of 1cap , as his/her true and lawful attomey-in-fact for and in his/her name, place and stead and for his/her use and benefit, to ask, demand, sue for, recover, collect, and receive all such sums of money, debts, accounts, legacies, bequests, interest, dividends, annuities, and demands whatsoever, as are now or shall hereafter become due, owing, payable, or belonging to him/her; to conduct any and all matters relating to banking accounts in his/her name or for his/her benefit Including, but not limited to deposits, withdrawals, opening and closing accounts, and access to periodic banking statements on any such accounts; and have, use and take all lawful ways and means in his/her name or otherwise for the recovery thereof, by attachments, arrests, distress or otherwise, and to compromise and agree for the same and acquittances or other sufficient discharges for the same, for him/her and in his/her name to make, seal and deliver; to bargain, contract, agree for, purchase, receive, and take lands, tenements, hereditaments, and accept the seisin and possession of all lands, and all deeds and other assurances in the law therefor, and to lease, let, demise, bargain, sell, remise, release, convey, mortgage and hypothecate lands, tenements and hereditaments upon such terms and conditions, and under such covenants as he/she shall think fit Also, to bargain and agree for, buy, sell, mortgage, hypothecate and in any and every way and manner deal in and with goods, wares and merchandise, choses in action and other property in possession or in action, and to make, do and transact all and every kind of business, including bank deposits and withdrawals, of whatever nature or kind, and also for him/her and in his/her name and as his/her act and deed to sign, seal, execute, deliver, and acknowledge such deeds, leases, assignments of leases, covenants, indentures, agreements, mortgages, hypothecations, bottomdes, charter-parties, bills of lading, bilis, bonds, notes, receipts, evidences of debt, releases, satisfaction of mortgages, judgments and other debts, and such other instruments in writing of whatever kind and nature as may be necessary or proper in the premises. Giving and granting unto his/her as attomey-in-fact, full power to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as he/she might or could do if personally present (with full power of substitution or revocation), hereby ratifying and confirming all that his/her said attomey-in fact shall lawfully do or cause to be done by virtue of these presents. This power of attorney shall not be affected by subsequent disability or incapacity of the principal. 'IN WITNESS WHEREOF, I have hereunto set my hand and seal this 1i day of T ?\'ta� , 20 13 Z&7.4- - --% &- Principal State of -n�o ) ss. County of _ �P.._ ) On this1 day of ��i�.DAj,_ 20 13 before me, a Notary Public for the State of5o-Y)a pe�onally appeared '1 an ren%cls known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that&she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year in this certificate first above written. M , , \ 4--, �� MWY. Publi or Re iding at 6 Commission expires: .,i Meridian City Council Meeting DATE: October 20, 2015 ITEM NUMBER: 5N --0*A a I,' [I] Ivi 1: ITEM TITLE: Verrasso Village Water and Sewer Verrasso Village Water and Sewer Main Easement MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2015-097499 BOISE IDAHO Pgs=6 NIKOLA OLSON 10/21/2015 03:00 PM MERIDIAN CITY NO FEE II'I II'I'1'I1'll 1I 11"111' 00157969201500974990060062 WATER MAIN and SEWER MAIN EASEMENTS THIS INDENTURE, made this day of -e ez 2015 between ENVISION 360 LLC the parry of the first part, and hereinafter called the Grantors and the City of Meridian, Ada. County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantor desires to provide a water main right of way and a sewer main right of way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water and sewer mains are underground pipelines to be constructed through the property; and WHEREAS, it is necessary to maintain, service, and subsequently connect to said pipelines from time to time by the Grantee; NOW, THEREFORE, inconsideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant, and convey unto the Grantee the right- of-way for an easement for the operation, maintenance, repair, and replacement of water and sewer mains over and across the following described property: (SEE ATTACHED EXHIBITS A, B, and C) The easements hereby granted are for the purpose of operation of a water line and a sewer main and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the conven- -ience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD the said easements and rights-of-way unto 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 other maintenance or making subsequent connection to the waterline and /or the sewer main, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any perma- nent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with use of said easement, for the purposes stated herein. Water and Sewer Main Easement Page 1 EASMTWTR 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 no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully sized and possessed of the aforementioned and described tract of lane, and 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 parry of the first part has hereunto subscribed their signature the day and year first herein above written. 360 LLC Chad Olsen, Managing STATE OF IDAHO) )ss County of Ada ) On this day of ``' 11) S 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared Chad Olsen , known or identified to me to be a Managing Member of the Limited Liability Company that executed the within instrument, and acknowledged to me that such Limited Liability Company executed the same. IN VVITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the y and year first above written. 1 ,l .;y `l v � '\n' NOTARY PUBLIC FOR IDAW AO Residing at `�A_ (" d t — 1PVONNE VWFARUVW My commission expires: try Futft State GRANTEE: CITY OF MERIDIAN rn Tammy e erd, Mayor �$U°" fr' City of w E!!�IDTANt- r �,w s,--- t-.'�,`,'� d`'er'' �. ✓`� 1 D A H p Attest by=Jaycee L. Holman, City Clerk ,, SEAL 1 . Approved By City Council On: i Pew; STATE OF IDAHO, ) : ss County of Ada ) On this day of QCA-,201S-, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ®c�ICA J®®® NOTAAY PUB R IDAHO % �O T.9 '�,r�, ® Residing at: I - em Commission Expires: ®®®`®' Water Main Easement EASMT WAT 11-15-13.doe Description of. Water Line Easement ENVISION 360 LLC /!, Verraso Village October 6, 2015 An easement for a water line located in Lots 20, 21 and 18 Block 1 of the Una Mas Subdivision, the official plat for which is recorded in Book 103 at Pagel 3894, in the NW1�4 NW1/4 (Govt. Lot 4) of Section 4, T.3 N., R,1 E., B.M., City of Meridian, Ada County, Idaho described as follows: Commencing at the southeast corner of said Lot 20; thence, S.89°32'42"W., 20.00 feet along the south line of said Lot 20 to the west edge of an existing 20 foot wide utility easement; thence, N.00°00' 09"W., 27.00 feet along the west line of said easement to the POINT OF BEGINNING; thence, S.89°32'42"W., 392.82 feet; thence, N.45 -13'42"W., 29.75 feet; thence, N.00°00'06"W., 208.36 feet to a point in the south line of the 15 foot wide public access and utilities easement known as Modelo Lane; thence, N.89°59'51"E.31 10.00 feet along said south line of Modelo Lane; thence, S.00°00'06"E., 204.19 feet; thence, S.45 ° 13'42"E., 21.42 feet; thence, N.89°32142"E., 388.73 feet to a point in the west line of said 20 foot wide utilities easement; thence, S.00°00'09"E., 10.00 feet to the POINT OF BEGINNING, said water main easement containing 6,226 square feet or 0.143 acres, more or less. Prepared by: John S. Austin Idaho PLS 5081 EXHIBIT Description of. Sewer Main Easement ENVISION 360 LLC r Verraso Village October 6, 2015 An easement for a sewer main located in Lots 20 and 21 Block 1 of the Una Mas Subdivision, the official plat for which is recorded in Book 103 at Page13894, in the NW%4 NWi/4 (Govt. Lot 4) of Section 4, T.3 N., R,l E., B.M., City of Meridian, Ada County, Idaho described as follows: Commencing at the southeast corner of said Lot 20; thence, S.89°32'42"W., 20.00 feet along the south line of said Lot 20 to the west edge of an existing 20 foot wide utility easement; thence, N.00°00' 09"W., 12.00 feet along the west line of said easement to the POINT OF BEGINNING; thence, S.89°32'42"W., 369.85 feet; thence, N.00-27'1 8"W., 10.00 feet; thence, N.89°32'42"E., 369.93 feet to a point in the west line of said 20 foot wide utility easement; thence, S.00°00'09"E., 10.00 feet to the POINT OF BEGUWgNG, said easement containing 3,699 square feet or 0.085 acres, more or less. Prepared by: John S. Austin Idaho PLS 5081 I LU 1 1.11! Iffi9:,0 00.00N 7 OD l 1_4 C:) Z nrl nf)C- 6V ------ Do-ot MJ � 11151 I r- 0 O 0 R U1 0 I K 0 0 M—M 0 K) z m r- 0 -4 < (0 Fj)- m 0 0 m — * z 0 e-11 —u OC, M 0) C4 r— 0 M > m CA > D m > m C) G) 00 gy-i U) [gym :;o > (f)m U) x 0r– o- Z < c m U) �o U) C m > ::E (J) 0 � -A m > z M 0 m > P7 0 R U1 0 I O dr -4 I :Rz mm; M,,60,00.00N 3nN3AV Sa21003H HI2ION K 0 0 m r- 0 m e-11 —u > m D m > m C) G) 00 gy-i U) [gym :;o > (f)m U) x 0r– o- Z < c m U) �o U) C m > ::E (J) CO m > z M 0 m > — > K 0 > < U) m m z , W c4� M z 4 mm m 0 > U) OIDZ m 0. m CIO O dr -4 I :Rz mm; M,,60,00.00N 3nN3AV Sa21003H HI2ION Meridian City Council Meeting DATE: October 20, 2015 ITEM NUMBER: 50 PROJECT NUMBER: ITEM TITLE: Southern Highlands Southern Highlands Sub. No. 1 Water line 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 2015-097500 BOISE IDAHO Pgs=6 NIKOLA OLSON 10/21/2015 03:00 PM MERIDIAN CITY NO FEE 1111111111111111111111111111111111111111111111111 00167971201500975000060063 WATER MAIN EASEMENT THIS INDENTURE, made this day of , 20 IS- between S ky Me5� (fiey - f e P C"k, CC.c, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Water Main Easement EASMT WAT 11-15-13.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. 162S �• T\O c Sage �Yd Address �a�l� , ZoQa,l,� 8361 STATE OF IDAHO ) . ss. County of Ada On this dy day of 20 20 before me, the undersigned, allotary Public in and for said State, personally appeared Ai1P4 (e-) h q 2 , known or identified to me to be the an 9 Se-oietar 7-xespeA vely, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 11-�,y NOTARUPU LIC FOOf Alt R Residing at: Commission Expire . 3 • 2 • U19 Water lain as %oEASMT WAT 11-15-13.doc 410 1111.11 7's of GRANTEE: CITY OF MERIDIAN Tammy dyWy6rd, Mayor Attest byJaycee L. Holman, City Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) T �9 O ciFy of a EPTDIAN F - m F> SEAL On this day of y' , 20 , before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOT R PUBL IDAHO Residing at: Commission Expires: �.�AUO31�1 Water Main Easement EASMT WAT 11-15-13.doc EXHIBIT A DESCRIPTION FOR PERMANENT UTILITY EASEMENT SOUTHERN HIGHLANDS SUBDIVISION NO. 1 A 20.00 foot wide permanent utility easement located in the SE 1/4 of the NW 1/4 of Section 32, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: BEGINNING at the easterly lot corner common to Lots 16 and 17, Block 2 of Southern Highlands Subdivision No. 1 as filed in Book 107 of Plats at Pages 14,979 through 14,984, records of Ada County, Idaho; Thence along the lot line common to said Lots 16 and 17 North 47035'58" West, 134.74 feet to the westerly lot corner common to said Lots 16 and 17; Thence along the westerly boundary line of said Lot 17 North 45018'36" East, a distance of 20.03 feet Thence South 47035'58" East, 142.71 feet to a point on the exterior boundary line of said Lot 17; Thence along said exterior boundary line and 22.21 feet along the arc of a curve to the left having a radius of 50.00 feet, a central angle of 25020'01" and a long chord which bears South 66036'27" West, a distance of 21.93 feet to the POINT OF BEGINNING. �U 7729 'P Of �0 Rv. 10 cF 30 r�"k, 32 / p i BOJ J� 17 31 / .1Y A, 20.03' 36"E / /WATER LINE EASEMENT / / / / BLOCK 2 / 16 / / / / / ON IE CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. DELTA Cl 50.00 20.79 20.64 N56'41'24"E 23'49'16" C2 50.00 22.11 21.93 S66'36'27"W 25'20'01" 18 POINT OF BEGINNING �O \ �F 0k N F� GAG r 25 100 J L 05 50 150 7 729 � N 4J r5 ° SCALE: 1 $)50' c�p�9�FZoF�oP���- Fc�RY G. C Mesa 15-130 dw WATERLINE Eose—f dw 9/29/2015 12:42'29 PM EXHIBIT DRAWING FOR 15830 IDAHO WATER LINE EASEMENT 1450 E. WATERTOWER ST. SURVEY SUITE 130 SHEET N0. MERIDIAN, IDAHO 83642 SOUTHERN HIGHLANDS SUB. NO. 1 -1 GROUP P. C. (208) 846-8570 DWG. DATE LOCATED IN THE SE 1/4 OF THE NW 1/4 OF SECTION 32, T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO 9/29/2015 u) -army cn cn cn' rr 0 D? c Q aCL 2 CL m m n lOO fn (A N O � d � �• 3 Cs� yr (o N CD (D cr Or � M (n 3 c � MM Cl)0 IO i m x XOCMO N � 0 W �J C) CD _ Z M a CD o �X y. Z R D O 469m ar O N > 0 CD Z --i, O cn Cn M W co wn Z oZ otj co w 0) N O cn cn cn' [7 'o') p +� 2 (D m m n lOO o 3 CD ,n* �' fir' °' m - yr (o e o cr Or m Co ° 3 c c i m x cu CD � CL _ 2. CD y. G7 [� 05 0, CD 0 0 C: vii obi O O0� m V moaco@ cin o m o� rCL cn 0 - co � ('D> CO 7\ ,D Co p � 0 _ -a CD --4 m o C r _ --a -u Z 3 cn o 0 m Z c C r W r Z n 4 N 0 i N -'e d SD `C D Q 0 m coo 0 ,A co 0 CD i co 0 r- > T 0 1 OL rteU) />�, CD 0 10 0 a 1 N O 0 Meridian City Council Meeting DATE: October 20, 2015 ITEM TITLE: Southern Highlands ITEM NUMBER: [2 29111 0telr - Southern Highlands Sub No. 2 Water Line 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 2015-097511 BOISE IDAHO Pgs=6 DAWN TRIVOLIS 10/21/2015 03:02 PM MERIDIAN CITY NO FEE IIIIIIIIIIII IIIIIIIIIIIIIIIIIII'll ('I II IIII III1111111 lli 00157948201500975110060060 WATER MAIN EASEMENT THIS INDENTURE, made this Qa day of 0 between vt�,JS.c e Rai elf2 A Lc.c, the parties of the first pant, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground, pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Water Main Easement EASMT WAT 11-15-13.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become pant 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 1:a31e , Z�Qat,o STATE OF IDAHO ) . ss. T (aCe . 5L,. (le Zqa 63 (.1� County of Ada ) On this day of !k0kMjgW- 120 15", before me, the undersigned, a Notary Public in and for said State, personally appeared 00-1Y1�tB - _end known or identified to me to be the President and~4,99"r -Set retary; 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 and year.tjbove written. (—\, 1-1 MA G E Water Ma ent $� �46®®.�� e 0 F �, ®�® ®�@8t®®!®®6®9�®� EASMT WAT 11-15-13.doe GRANTEE: CITY OF MERIDIAN Tammy rd, Mayor o�VoIkATED 4/ �` I t of r Attest by --Jaycee L. Holman, City yerk FST S ��' ��n]yyyy, Approved By City Council On: o aeas _. STATE OF IDAHO, ) : ss County of Ada ) On this 0Q day of 20 , before me, the undersigned, a Notaty Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Water Main Easement NOTARY PUBLIC IDAHO Residing at: 6"T'0.Y) .� Commission Expires: e 1av1 '� EASMT WAT 11-15-13.doe EXHIBIT A DESCRIPTION FOR PERMANENT UTILITY EASEMENT SOUTHERN HIGHLANDS SUBDIVISION NO. 2 A 20.00 foot wide permanent utility easement located in the SE 1/4 of the NW 1/4 of Section 32, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the easterly lot corner common to Lots 16 and 17, Block 2 of Southern Highlands Subdivision No. 1 as filed in Book 107 of Plats at Pages 14,979 through 14,984, records of Ada County, Idaho; Thence along the lot line common to said Lots 16 and 17 North 47035'58" West, 134.74 feet to the westerly lot corner common to said Lots 16 and 17, said point being the REAL POINT OF BEGINNING; Thence continuing North 47°35'58" West, 104.42 feet; Thence 20.79 feet along the arc of a curve to the left having a radius of 50.00 feet, a central angle of 23049'16" and a long chord which bears North 56°41'24" East, a distance of 20.64 feet; Thence South 47035'58" East, 100.34 feet to a point on the westerly boundary line of said Lot 17; Thence along said westerly boundary line South 45°18'36" West, a distance of 20.03 feet to the REAL POINT OF BEGINNING. 7729 WZ1 5 0 of �RYC.�A 32 30 / O i i BOJ J0 17 i 31 70RR , / 2 REAL POINT OF BEGINNING i i /WATER LINE EASEMENT / / BLOCK 2 i / 16 i / i / r i M S45'1 8'36"W 20.03' no CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. DELTA Cl 50.00 20.79 20.64 N56'41'24"E 23'49'16" C2 50.00 22.11 21.93 S66'36'27"W 25'20'01" G`L 18 POINT OF COMMMEENCMENT F`\ �O \ SFS O,p 5 Ns sG 25 100 � FO Vol J 05 50 150 a 7 7 2 g SCALE: 1 " = 50' ORY Meso 15-130 dw WATERLINE Easement. dw 9/29/20!5 12:50:11 PIA IDAHO EXHIBIT DRAWING FOR JOB NO. 1450 E. WATERTOWER ST. WATER LINE EASEMENT 1 SUITE 130 SHEEETET N N0. SURVEY MERIDIAN, IDAHO 83642 SOUTHERN HIGHLANDS SUB. NO. 2 1 GROUP, P. C. `208' 846-8570 UE., DATE LOCATED IN THE SE 1/4 OF THE NW 1/4 OF SECTION 32, T.3N., E., B.M., MERIDIAN, ADA COUNTY, IDAHO 9/29/2015 O w C r C M V - CL" 3• y O En N w t O� m rl W > VD! m C/iC)O CD Z N 69 � � (� y 0 00oalm F! n z 71, cnm Z I of 7° na z O >1 co W ti N fl cn 0 Q Z/J• 0 CD N 00 OD N G7 O N 0 co 0 w w i 7 Q V, sD l3 C) {° =- � - m r" = y� cD l7ri 4 a s r r m C @ Cl) -0 `� x m 3 Qac' Q o" m N fl cn 0 Q Z/J• 0 CD N 00 OD N G7 O N 0 co 0 Meridian City Council Meeting DATE: October 20, 2015 ITEM NUMBER: 5Q PROJECT NUMBER: ITEM TITLE: Subrecipient Agreement ADA County Housing Subrecipient Agreement Between City of meridian and Boise City Ada County Housing Authority for PY2015 Community Development Block Grant Funds for a Not -to -Exceed Amount of $50,000.00 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 SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND BOISE CITY ADA COUNTY HOUSING AUTHORITY FOR PY 2014 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement is entered into this QO day of e ', 20lf� by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and the Ada County Housing Authority, a public body corporate and politic established under the laws of the state of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for and received fiends from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e. Community Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient assists families in obtaining decent, safe, and affordable housing solutions, which activity complements the objectives of the CDBG program; and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of CDBG fiends from Program Year 2014 (PY14); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SCOPE OF SERVICE A. Activities. Subrecipient shall use City's PY14 CDBG funds in the amount of fifty thousand dollars ($50,000) to provide direct homeownership assistance to help low/moderate income ("LMI") persons purchase homes. Specifically, Subrecipient shall undertake the following activities: 1. Subsidize mortgage principal amounts; 2. Pay any or all of the reasonable closing costs; and 3. Pay up to 50% of the down payment required by the mortgagee. B. National Objective. Subrecipient certifies that the activities carried out using the City's PY14 CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR § 570.208. Specifically, Subrecipient's activities under this agreement shall benefit LMI persons (24 CFR § 570.208(a)(2)(C)). C. Levels of accomplishment. 1. Goals. Subrecipient shall undertake activities pursuant to this Agreement to serve one (1) Unit of Service. For the purposes of this Agreement, "Units of Service" shall be defined as households assisted in the purchase of a home. PY14 SUBRECIPIENT AGREEMENT -BOISE CITY ADA COUNTY HOUSING AUTHORITY . PAGE 1 OF 17 2. Performance measures. This project will provide direct homeownership assistance to LMI persons. In addition to the normal administrative services required as part of this Agreement, Subrecipient agrees to document and report on each and all of the following outcomes: a. Number of households assisted and number of persons in each household; b. Income level and ethnicity of persons provided housing; c. Number of persons assisted who are first-time homebuyers and the number thereof receiving housing counseling; d. Number of persons receiving down payment assistance and/or closing costs; and e. Amount of funding received by each household. D. Staffing not funded. Subrecipient agrees that no CDBG funds will be utilized for staffing. E. Performance monitoring. City will monitor the performance of Subrecipient against goals and performance measures as set forth herein. Performance monitoring shall include City's review of Subrecipients' submitted documents for accuracy and completion, as well as an on-site visit from City's CDBG Administrator to review the completeness and accuracy of records maintained. Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen days (14) after being notified by City, Agreement suspension or termination procedures will be initiated. F. Time of performance. Services of Subrecipient shall start on or before 4 September, 2015 and end on 30 September, 2016. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income, if applicable. G. Progress Reports. Subrecipient shall submit a regular Progress Report, in the form and content as required by City, with every draw request. If Progress Reports are delinquent, draw requests will not be processed until the delinquency is cured. Progress Reports must contain information on outcome -based measurements as outlined in this Agreement. IL ADMINISTRATIVE REQUIREMENTS A. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.506. B. Financial Management. 1. Budget. Subrecipient agrees that it shall use City's PY14 CDBG fields in the amount of fifty thousand dollars ($50,000) to provide direct homeownership assistance to LMI persons. City may require a detailed budget breakdown, and Subrecipient shall provide such information in a timely fashion, and in the form and content prescribed PY 14 SUBRECIPIENT AGREEMENT -BOISE CITY ADA COUNTY HOUSING AUTHORITY PAGE 2 OF 17 by City. 2. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, fiends otherwise available. 3. Accounting Standards. Subrecipient agrees to comply with 24 CFR §§ 84.21 through 84.28, and further agrees to: adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 4. Cost Principles. Subrecipient shall administer its program in conformance with OMB Circular A-122, "Cost Principles for Non -Profit Organizations." These principles shall be applied for all costs incurred, whether charged on a direct or indirect basis. 5. Certification of financial management system. Payments shall be contingent upon HUD's certification of Subrecipient's financial management system in accordance with 24 CFR § 84.21. 6. Subrecipient Orientation Workshop. Subrecipient agrees to meet with City's CDBG Program Administrator prior to submitting the first draw request to City. City will not process draw requests unless and until Subrecipient attends this meeting. 7. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available for review upon City's request. 8. Disclosures. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 9. Property Records. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria. 10. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain PY 14 SUBRECIPIENT AGREEMENT -BOISE CITY ADA COUNTY HOUSING AUTHORITY PAGE 3 OF 17 in effect during any period that Subrecipient has control over CDBG funds, including program income, if applicable. 11. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty (30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning audits and as applicable, OMB Circular A-133. Sub -recipient shall comply with OMB Circular A-133, Subpart B, Section 200(a) which requires that all non -Federal entities that expend $500,000 or more in a year have a single or program -specific audit conducted in accordance with A-133. Sub - recipient shall be willing to allow inquires from the City about the sub -recipient's financial statements and single audit reports. If subrecipient is subject to this requirement, a copy of the audit report shall be provided to the City within 30 days of completion of the audit. 12. Suspension and Debarment Non -Federal entities are prohibited from contracting with or making subawards under covered transactions to parties that are suspended or debarred. "Covered transactions" include those procurement contracts for goods and services awarded under a nonprocurement transaction (e.g., grant or cooperative agreement) that are expected to equal or exceed $25,000 or meet certain other criteria specified in 2 CFR section 180.220. All nonprocurement transactions entered into by a recipient (i.e., subawards to subrecipients), irrespective of award amount, are considered covered transactions, unless they are exempt as provided in 2 CFR section 180.215. C. Payment Procedures. 1. Program Income. The activities governed by this agreement are not anticipated to generate program income as Subrecipient shall not charge its members for the service. Any change to the activities described herein that will generate program income shall require an amendment to this agreement. 2. Indirect Costs. Indirect costs are not eligible for CDBG funding. 3. Payment Procedures. City will pay to Subrecipient funds available under this PY 14 SUBRECIPIENT AGREEMENT -BOISE CITY ADA COUNTY HOUSING AUTHORITY PAGE 4 OF 17 Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 4. Documentation required prior to transactions. As early as practicable, and not less than two (2) weeks prior to the completion of each transaction, Subrecipient shall provide the address of the housing unit under consideration to City for floodplain and related environmental review. Failure to provide the address of the housing unit under consideration in advance of the anticipated close date may result in added expenses for the beneficiary or Subrecipient, or refusal of reimbursement by City. 5. Draw requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed $50,000. Drawdowns for the payment of eligible expenses shall be made against the activity specified, in accordance with performance and as expenses are incurred by Subrecipient. Draw requests shall only be accepted on official City and/or HUD forms and must be completed in full to be processed. All draw requests are to be submitted as needed, but no more than one per month and in coordination with the CDBG Administrator. Draw requests shall include the following: draw request form; progress report; beneficiary income eligibility documentation; transaction detail, HUD -1, and related summary information; and proof of payment by Subrecipient. Final draw under this Agreement will be submitted by Subrecipient no later than 30 September, 2016 unless otherwise agreed in writing. 6. Funds transfer. Pursuant to 24 CFR § 570.503(b)(7), upon expiration of this Agreement, Subrecipient shall transfer to City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 7. DUNS number. Subrecipient shall comply with requirements established by the Office of Management and Budget ("OMB") concerning the Dun and Bradstreet Data Universal Numbering System ("DUNS"), the Central Contractor Registration database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed, Reg. 55671 (Sept. 14, 2010) (to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed, Reg. 55663 (Sept. 14, 20 10) (to be codified at 2 CFR part 170). D. Procurement. 1. Compliance with policies. Subrecipient shall comply with current Federal and City policies concerning the purchase of equipment and shall maintain inventory records PY 14 SUBRECIPIENT AGREEMENT -BOISE CITY ADA COUNTY HOUSING AUTHORITY PAGE 5 OF 17 of all non -expendable personal property as defined by such policy as may be procured with funds provided hereunder. 2. OMB Standards. Subrecipient shall procure all materials in accordance with the requirements of 24 CFR §§ 84.40 to 84.48. 3. Travel. Subrecipient shall obtain written approval from City prior to any travel outside the Boise metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets. The use and disposition of real property and equipment under the Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR §§ 570.502 through 570.504, as applicable, which include, but are not limited to, the following: 1. Records. Subrecipient shall maintain real property inventory records, which clearly identify properties purchased, improved or sold. 2. National Objectives met for five (5) years. Pursuant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five- year period. 3. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold, the proceeds shall be program income, prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with fiends received under this Agreement but not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to City for the CDBG program or (b) retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG fields used to acquire the equipment. F. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specified in 24 CFR § 570.506, and: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; PY 14 SUBRECIPIENT AGREEMENT -BOISE CITY ADA COUNTY HOUSING AUTHORITY PAGE 6 OF 17 c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 24 CFR §§ 84.21 through 84.28 and 570.502; g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K, except that Subrecipient does not assume City's responsibilities under 24 CFR § 570.604 and part 52. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, defined as the date of the submission of City's final am7ual performance and evaluation report to HUD. Records for non - expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. IILEMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, the Executive Order 11246 as amended by Executive Order 11375 and 12086, and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that City and the United States are beneficiaries of and entitled to enforce such covenants. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient PY 14 SUBRECIPIENT AGREEMENT -BOISE CITY ADA COUNTY HOUSING AUTHORITY PAGE 7 OF 17 will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 706) which prohibits discrimination against the handicapped in any Federally -assisted program. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. D. Affirmative Action. 1. Approved Plan. Subrecipient agrees that it shall be committed to carry out pursuant to City's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. City shall provide Affirmative Action guidelines to Subrecipient to assist in the formulation of such program. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Women- and Minority -Owned Businesses. Subrecipient shall use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (5 1) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro- Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. E. Notifications. 1. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 2. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is PY 14 SUBRECIPIENT AGREEMENT -BOISE CITY ADA COUNTY HOUSING AUTHORITY PAGE 8 OF 17 an Equal Opportunity or Affirmative Action employer. F. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities. 1. Political activities. Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.). 2. Religious activities. Subrecipient agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR § 570.2000). G. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended; the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti -Kickback" Act (40 U.S.C. §§ 276a, 276c, and 327); and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Subrecipient shall maintain documentation which demonstrates compliance with the hour and wage requirements of this part. Such documentation shall be made available to City for review upon request. Subrecipient further agrees that all Contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require payment of the higher wage. H. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Part 135, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City, Subrecipient and any of Subrecipient's subrecipients and/or subcontractors. Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance PY 14 SUBRECIPIENT AGREEMENT -BOISE CITY ADA COUNTY HOUSING AUTHORITY PAGE 9 OF 17 with these requirements. 2. Subcontract language. Subrecipient further agrees to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low income residents of the project area and Agreements for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area in which the project is located." 3. Employment of low- and very -low-income persons. Subrecipient further agrees to ensure that opportunities for training and employment arising in connections with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction projects are given to low and very -low income person residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low and very low income persons within the service area of the project or the neighborhood in which the project is located, and to low and very low income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low and very low income residents within the service area of the neighborhood in which the project is located, and to low and very low income participants in other HUD programs. Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 4. Notifications. Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 5. Subcontracts. Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. Subrecipient will not subcontract with any entity where it has notice or lazowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of PY 14 SUBRECIPIENT AGREEMENT -BOISE CITY ADA COUNTY HOUSING AUTHORITY PAGE 10 OF 17 ability to comply with the requirements of these regulations. I. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42 and 570.611m, which include, but are not limited to, the following: 1. Code of Conduct. Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal funds. 2. Contract selection. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 3. Self-interested contracts and nepotism. No persons who exercises or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision -malting process or gain inside information with regard to such activities, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with who they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of City, the Subrecipient, or any designated public agency. J. Lobbying. The following certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for malting or entering into this transaction imposed by section 1352, title 31, U.S.C. Subrecipient hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Agreement, the malting of any Federal grant, the malting of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. Subrecipient will require that the following language be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and PY 14 SUBRECIPIENT AGREEMENT -BOISE CITY ADA COUNTY HOUSING AUTHORITY PAGE 1 1 OF 17 contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less that $10,000 and not more than $100,000 for each such failure." IV. ENVIRONMENTAL CONDITIONS A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. h1 accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on PY14 SUBRECIPIENT AGREEMENT -BOISE CITY ADA COUNTY HOUSING AUTHORITY PAGE 12 OF 17 Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. V. GENERAL CONDITIONS A. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City of Meridian Ada County Housing Authority Attn: Sean Kelly Attn: Jillian Patterson CDBG Program Administrator Housing Programs Manager 33 E. Broadway Avenue 1276 W. River Street Meridian, Idaho 83642 Boise, Idaho 83702 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. B. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement, except that: (1) Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604, and (2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. C. Copyright. Contracts of agreements for the performance of experimental developmental or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants Contracts and Cooperative Agreements." D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property PY 14 SUBRECIPIENT AGREEMENT -BOISE CITY ADA COUNTY HOUSING AUTHORITY PAGE 13 OF 17 and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. F. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this Agreement. G. Insurance and bonding. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. Further, Subrecipient shall comply with the bonding and insurance requirements of 24 CFR §§ 84.31 and 84.48. H. Grantor Recognition. Subrecipient shall publically recognize the role of City in providing services under this Agreement. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. I. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. J. Termination. 1. Notice of termination. Either party may terminate this Agreement by, at least 30 days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. 2. Partial termination. Partial terminations of the Scope of Service as set forth herein may only be undertaken with the prior approval of City. 3. Work completed. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports of other materials prepared by Subrecipient under this Agreement shall, at the option of City, become the property of City, and Subrecipient shall be entitled to receive just PY 14 SUBRECIPIENT AGREEMENT -BOISE CITY ADA COUNTY HOUSING AUTHORITY PAGE 14 OF 17 and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 4. Termination for convenience. h1 accordance with 24 CFR § 85.44, suspension or termination of the Agreement, in whole or in part, may occur for convenience. 5. Termination for material noncompliance. In accordance with 24 CFR § 85.43, suspension or termination of the Agreement, in whole or in part, may occur if Subrecipient materially fails to comply with any term of this Agreement, which shall include, but shall not be limited to, the following; a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission by the Subrecipient to City reports that are incorrect or incomplete in any material respect. 6. Penalty for material noncompliance. In addition to suspension or termination of this Agreement and/or any other remedies as provided by law, upon a finding of material noncompliance, City may declare Subrecipient ineligible for any further participation in City CDBG programming. In the event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen (15) percent of said Agreement fiends until such time as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be in compliance. K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money due or to become due to Subrecipient from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. L. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient shall furnish and cause each of its PY 14 SUBRECIPIENT AGREEMENT -BOISE CITY ADA COUNTY HOUSING AUTHORITY PAGE 15 OF 17 own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. Specifically, without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affirmative Action in every subcontract or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. M. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically, without limitation, to comply with: 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); 2. The requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and 3. The requirements in 24 CFR 570.606(d) governing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. Severability. If any provision of this Agreement is held invalid, the reminder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. Q. 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 the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. R. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. PY14 SUBRECIPIENT AGREEMENT -BOISE CITY ADA COUNTY HOUSING AUTHORITY PAGE 16 OF 17 IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Na County Housing a hority B77Watson, Executive Director CITY: City of Meridian By: TamrgLfA Weerd, STATE OF IDAHO t ss: County of r ) I HEREBY CERTIFY that on this day of` before the undersigned, a Notary Public in the State of Idaho, personally appeared Deanna Watson, proven to me to be the person who executed the said instrument, and acknowledged to me that such person executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate fir ove written. Notary Public for Idah Residing at 44,g Idaho My C�ormnission Expires: U( & y� g p g r l,',A3., r�R°Ile YA[\SC`4'i Attest: ohnan, City Clerk PY 14 SUBRECIPIENT AGREEMENT —BOISE CITY ADA COUNTY HOUSING AUTHORITY PAGE 17 OF 17 Meridian City Council Meeting DATE: October 20, 2015 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Taffic Box Art Wrap Meridian Arts Commission Traffic Box Art Wrap Recommendation for Happy Elephant by Andrew Clifford 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 sT� Ci t y C o u n c i l M e e t i n g Ci t y C o u n c i l M e e t i n g Ci t y C o u n c i l M e e t i n g Ci t y C o u n c i l M e e t i n g Oc t o b e r 2 0 , 2 0 1 5 Oc t o b e r 2 0 , 2 0 1 5 Oc t o b e r 2 0 , 2 0 1 5 Oc t o b e r 2 0 , 2 0 1 5 It e m s # 7 A : W o o d l a n d S p r i n g s S u b d i v i s i o n - Z o n i n g & A e ri a l M a p s Ap p r o v e d P r e l i m i n a r y P l a t Ap p r o v e d C o n c e p t P l a n Ve h i c u l a r cr o s s - a c c e s s Pedestrian pathway It e m s # 7 B : H a c i e n d a S u b d i v i s i o n N o . 5 - Z o n i n g & A e r i a l m a p s Ap p r o v e d P r e l i m i n a r y P l a t Pr o p o s e d F i n a l P l a t Meridian City Council Meeting DATE: October 20, 2015 ITEM NUMBER: 7A PROJECT NUMBER: H2O15-0002 ITEM TITLE: Woodland Springs Public Hearing: Woodland Springs (H-2015-0002) by Woodland Springs, LLC Located Northeast Corner of N Locust Grove Road and E. McMillan Road. 1. Request: Two (2) Year Time Extension on the Preliminary Plat for Woodland Springs Subdivision in Order to Obtain the City Engineer's Signature on the Second Phase Final Plat MEETING NOTES C Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Sonya Watters From: Morgan Construction <morgan.construction@yahoo.com> Sent: Tuesday, October 20, 2015 5:09 PM To: Sonya Watters Subject: woodland springs Sonya, Per your conversation with Matt that you just had on the phone, this email serves as a request for a continuance of our preliminary plat extension request for Woodland Springs. This extension request was scheduled for tonight's Council meeting. Matt is requesting that this matter be continued to the November 17`h council meeting due to medical reasons. He is unable to attend the meeting tonight and his schedule won't allow him to attend until the November 17`h Council meeting. He really needs to address the Council about one of the Conditions of Approval. Please move our request to that meeting. Please confirm you received my email. Thanks for your help. Ryan Morgan Construction, Inc. Phone: 208-529-3312 Fax: 208-529-5563 xv�v`v. morgan -construction. com CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE October 20, 2015 ITEM # 7A1 Project Number: H-2015-0002 Project Name: Woodland Springs (TEC) PLEAS fj� I FOR AGAINST NEUTRAL a NTY 6 4L, .- r,lTy CLERKS 0MCE Meridian City Council Meeting DATE: October 20, 2015 T a PROJECT NUMBER: H2O15-0003 ITEM TITLE: Hacienda Subdivision Hacienda Subdivision No. 5 (H-2015-0003) by Jayo Investments, Inc. Located East Side of N,. Meridian Road, Midway Between Chinden Boulevard and E. McMillan Road. 1. Request: Final Plat Approval Consisting of Forty -Nine (49) Residential Lots and Nine (9) Common Lots on Approximately 9.51 Acres of Land in an R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 20, 2015 ITEM NUMBER: 7C PROJECT NUMBER: H2O15-0004 ITEM TITLE: Shelbourne Properties Shelburne Subdivision No. 1 (H-2015-0004) by Shelburne Properties, LLC Located 1/4 Mile East of S. Eagle Road and North of E. Amity Road 1. Request: Final Plat Approval Consisting of Forty -Eight (48) Building Lots and Twelve (12) Common Lots on 19.42 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 Meridian City Council Meeting DATE: October 20, 2015 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: Department Reports Legal Department: City Code re -draft of Title 2 pertaining to Commissions and Committees 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 CODE TITLE 2 – COMMISSIONS AND COMMITTEES PAGE 1 OF 20 CITY OF MERIDIAN ORDINANCE NO. _______________ BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE REPEALING AND REPLACING TITLE 2, CHAPTERS, SECTIONS, MERIDIAN CITY CODE, REGARDING BOARDS AND COMMISSIONS; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is established in the Idaho Code that certain Commissions and Committees may be created for a specific purpose to assist the Mayor and City Council with gathering information and making recommendations or decisions fto carry out specific City purposes; and WHEREAS, it is inherent in the powers of the Mayor and the City Council to establish other Commissions or Committees, et.al, for similar purposes; and WHEREAS , it is the desire of the Mayor and City Council to create clear definitions of Commissions and Committees and to create standards for the formation and functions of the groups as they provide necessary information and advice to the elected officials of the City; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 2 is repealed and replaced to read as follows: TITLE 2 COMMISSIONS AND COMMITTEES CHAPTER 1 COMMISSIONS; COMMITTEES, BOARDS, COALITIONS 2-1-1: COMMISSIONS: The following provisions shall apply to all city commissions including, but not limited to, the Arts Commission, Historic Preservation Commission, Parks and Recreation Commission, Planning and Zoning Commission, Solid Waste Advisory Commission, and Transportation Commission. A. Definitions: 1. The mayor has the authority to create various commissions to advise the Mayor and City Council on the specific subjects established for the commission. MERIDIAN CITY CODE TITLE 2 – COMMISSIONS AND COMMITTEES PAGE 2 OF 20 2. Commissions shall be created by ordinance and approved by the City Council and shall be subject the Idaho Code provisions in regards to open meetings. 3. The City Council may eliminate any commission at any time by repealing the Commission’s enabling ordinance, unless a different procedure is required by the Idaho Code. B. Membership: 1. Appointment: Commission members shall be appointed by the mayor and approved by the city council on a vote of a majority of the city council members, and commission members may, in like manner, be removed. 2. Size: Commissions shall consist of up to nine (9) members that are over eighteen (18) years of age, at the time of appointment, with one member who may be designated to represent youth, which commission member may be at the time of appointment, under eighteen (18) years of age. 3. Compensation: All commission members and the officers thereof shall serve without salary or compensation. 4. Terms: All commission terms shall be for a period of three (3) years except that one position that may be designated to represent youth, for all commissions except for Planning and Zoning, which commission member shall serve for a term of one (1) year. Commissioners appointed prior to the passage of this ordinance may serve the full term that they were appointed to initially and the number of terms shall not be counted towards any subsequent limitations. 5. The City Clerk shall maintain a record of the current and future commission seats with the starting and ending dates of each respective term identified. Any new seat added as a result of this ordinance may be for a partial period of time for the initial appointment to allow the seat to align with the other seats on the respective commission. 6. Expiration of Terms and Re-appointments: When a commission term expires the position shall be publicly noticed for appointment to the commission seat. The incumbent commissioner may re-apply for the same seat. Appointments shall be done as described in this Section. 7. Successive Terms: Commissioners may serve up to two (2) consecutive full terms, and including any partial term they may serve prior to appointment to a full term, without separate approval. A third or all successive terms must be approved by a unanimous vote of the full City Council unless otherwise provided by law or ordinance. MERIDIAN CITY CODE TITLE 2 – COMMISSIONS AND COMMITTEES PAGE 3 OF 20 8. Termination: Any Commissioner that misses one-half of the meetings that are held in any calendar year shall have their appointment automatically terminated. 2-1-2: COMMITTEES, BOARDS, COALITIONS: A. Definitions: 1. The mayor has the authority to create various committees, boards, task forces, or coalitions to advise the Mayor and/or the City Council on the specific subjects established for the group. 2. Unless created by ordinance or statute this type of group shall not be subject the Idaho Code provisions in regards to open meetings. 3. The provisions of this section do not apply to the Impact Fee Advisory Committee as described in Meridian City Code Title 10 Chapter 7 and the Board of Adjustment described in Meridian City Code in this chapter. B. Membership: 1. Appointment: Committee members shall be selected by the mayor and shall serve at the pleasure of the mayor. 2. Size: Committees may vary in size dependent upon their purpose and scope. 3. Compensation: All committee members and the officers thereof shall serve without salary or compensation. 4. Expiration of Terms: A committee shall expire when the scope and purpose is completed or the mayor determines that the committee is no longer necessary. CHAPTER 2 ARTS COMMISSION 2-2-1: ESTABLISHMENT: There is hereby established an arts commission, the purpose of which shall be to highlight the city's rich cultural resources, enhance the city's aesthetic environment, and promote the development of economic, educational, recreation, and tourism opportunities within the city through the advancement of publicly accessible arts. 2-2-2: DUTIES AND POWERS: A. Advisory To City Council: The arts commission shall be deemed advisory and shall report and make recommendations to the mayor and city council. All actions MERIDIAN CITY CODE TITLE 2 – COMMISSIONS AND COMMITTEES PAGE 4 OF 20 of the arts commission shall be subject to approval by the mayor and city council by resolution and after such approval shall have the force and effect of ordinance. B. Annual Report: The arts commission chair shall submit an annual report to the mayor and city council regarding the commission's activities and accomplishments in the furtherance of the objectives of this chapter. C. Commission Authority: The arts commission shall be authorized to: 1. Assess the needs of the Meridian community with regard to the arts and make such information available to the city council and all interested agencies and persons; 2. Stimulate awareness and appreciation of the importance of publicly accessible art and its benefits to the community; 3. Encourage the growth and preservation of the city's art resources, foster the development of a receptive climate for the arts, and promote self-sustaining arts programs within the city; 4. Review and advise the city council on the aesthetic aspects of works of art or public monuments under consideration to be accepted or commissioned by the city of Meridian; 5. Promote the development of, and provide general information and encouragement to, the city's cultural organizations, artists, institutions and community organizations sponsoring arts activities; 6. Seek and encourage financial support, including, but not limited to, grants, loans and guarantees to artists, arts institutions and community organizations sponsoring arts activities and publicly accessible arts in the city, subject to city council approval; 7. Recommend to city council, within the limits of the commission's funding, the employment of or the contracting with other parties for the services of technical experts or other persons as it deems necessary to carry on the functions of the commission; 8. Prepare and submit budgetary recommendations to city council for expenditures necessary for the continuation and development of public programs furthering the arts; 9. Cooperate with federal, state, and local governments, schools, and private arts organizations, in the pursuance of the objectives of this chapter; and 10. Recommend ordinances and otherwise provide information for the purposes of advancement of publicly accessible arts in the city. MERIDIAN CITY CODE TITLE 2 – COMMISSIONS AND COMMITTEES PAGE 5 OF 20 2-2-3: MEMBERSHIP; QUALIFICATIONS: All members of the arts commission shall have an interest, competence, or knowledge in the arts. One member of the Meridian city council may serve as a liaison and ex officio member of the commission and shall have no vote. 2-2-4: ORGANIZATION: A. Officers: At the first meeting of each calendar year, the members of the arts commission shall meet and organize by electing a chair, vice chair, and such other officers as may be necessary. The arts commission may request assistance from the city clerk. B. Rules And Bylaws: The arts commission shall adopt bylaws, rules and regulations for the proper conduct of the business of the commission. The bylaws, rules and regulations are subject to the approval of the mayor and city council after recommendation by the commission. 2-2-5: MEETINGS: The arts commission shall convene regular meetings at Meridian City Hall, 33 East Broadway, Meridian, Idaho, each month at three thirty o'clock (3:30) P.M. on the second Thursday of each month unless, at the first meeting of each calendar year, the commission shall establish a meeting schedule for the calendar year in which event the published schedule shall apply. All meetings of the commission shall be open to the public, and shall follow the requirements of Idaho's open meeting laws. The commission shall keep minutes and other appropriate written records of its resolutions, proceedings, and actions. The commission shall allow and promote public participation in the meetings of the commission. Additional meetings of the commission may be scheduled by the commission as necessary to carry out the business of the commission. 2-2-6: BUDGET: The budget for the arts commission, with approval of a governing board through the legally required budgetary process, the commission may receipt and expend funds, goods, and services from the federal government or agencies and instrumentalities of state or local governments or from civic and private sources and may contract with these entities and provide information and reports as necessary to secure aid and administered by the designated city staff liaison(s) and as determined by ordinance or policy certain expenditures may be forwarded to the City Council for approval. CHAPTER 3 HISTORIC PRESERVATION COMMISSION 2-3-1: ESTABLISHMENT: MERIDIAN CITY CODE TITLE 2 – COMMISSIONS AND COMMITTEES PAGE 6 OF 20 There is hereby established a historic preservation commission, the purpose of which shall be to promote the educational, cultural, economic and general welfare of the public of the city through the identification, evaluation, designation, documentation, and protection of those buildings, sites, areas, structures, and objects which reflect significant elements of the city's, the state's, and the nation's historic, architectural, archaeological, and cultural heritage. 2-3-2: DUTIES AND POWERS: A. Advisory To City Council: The historic preservation commission shall be deemed advisory and shall report and make recommendations to the mayor and city council. All actions of the historic preservation commission shall be subject to approval by the mayor and city council by resolution and after such approval shall have the force and effect of ordinance. B. Annual Report: The historic preservation commission president shall submit an annual report to the mayor and city council regarding the commission's activities and accomplishments in the furtherance of the objectives of this chapter. C. Commission Authority: The historic preservation commission shall be authorized to: 1. Conduct a survey of local historic properties. 2. Recommend the acquisition of fee and lesser interests in historic properties, including adjacent or associated lands, by purchase, bequests, or donation. 3. Recommend methods and procedures necessary to preserve, restore, maintain and operate historic properties under the ownership or control of the city. 4. Recommend the lease, sale, other transfer or disposition of historic properties subject to rights of public access and other covenants and in a manner that will preserve the property. 5. Negotiate and recommend to city council, within the limits of the historic preservation commission's funding and in accordance with applicable laws and city policies, including those regarding purchasing, the employment of or the contracting with other parties, organizations, or governmental entities for the services of technical experts or other persons as it deems necessary to carry on the functions of the historic preservation commission. 6. Cooperate with the federal, state and local governments in the pursuance of the objectives of historic preservation. 7. Make recommendations in the planning processes undertaken by the county, the state, or the federal government and the agencies of these entities. MERIDIAN CITY CODE TITLE 2 – COMMISSIONS AND COMMITTEES PAGE 7 OF 20 8. Recommend ordinances and otherwise provide information for the purposes of historic preservation in the city. 9. Promote and conduct an educational and interpretive program on historic preservation and historic properties in the city. 10. Review nominations of properties to the National Register of Historic Places for properties within the city's jurisdiction. 11. Recommend for city council approval such ordinances, special conditions or restrictions as may further the protection, enhancement, and preservation of historic properties, as authorized by Idaho Code section 67-4612. 12. Historic preservation commission members, employees or agents of the historic preservation commission may enter private property, buildings, or structures in the performance of their official duties, only with the express consent of the owner or occupant thereof. 2-3-3: MEMBERSHIP; QUALIFICATIONS: All members of the historic preservation commission shall have a demonstrated interest, competence, or knowledge in history or historic preservation. The city council shall endeavor to appoint at least two (2) members with professional training or experience in the disciplines of architecture, history, architectural history, urban planning, archaeology, engineering, law, or other historic preservation related disciplines. 2-3-4: ORGANIZATION: A. Officers: At the first meeting of each calendar year, the members of the historic preservation commission shall meet and organize by electing a president, vice president and such other officers as may be necessary. The historic preservation commission may request assistance from the city clerk. B. Rules And Bylaws: The historic preservation commission shall adopt bylaws, rules and regulations for the proper conduct of the business of the commission. All commission bylaws, rules and regulations are subject to the approval of the mayor and city council after recommendation by the commission. 2-3-5: MEETINGS: The historic preservation commission shall convene regular meetings at Meridian City Hall, 33 East Broadway, Meridian, Idaho, each month at five thirty o'clock (5:30) P.M. on the second Thursday of each month unless, at the first meeting of each calendar year, the commission shall establish a meeting schedule for the calendar year in which event the published schedule shall apply. All meetings of the commission shall be open to the public, and shall follow the requirements of Idaho's open meeting MERIDIAN CITY CODE TITLE 2 – COMMISSIONS AND COMMITTEES PAGE 8 OF 20 laws. The commission shall keep minutes and other appropriate written records of its resolutions, proceedings, and actions. The commission shall allow and promote public participation in the meetings of the commission. Additional meetings of the commission may be scheduled by the commission as necessary to carry out the business of the commission. 2-3-6: BUDGET: The budget for the historic preservation commission, with approval of a governing board through the legally required budgetary process, the commission may receipt and expend funds, goods, and services from the federal government or agencies and instrumentalities of state or local governments or from civic and private sources and may contract with these entities and provide information and reports as necessary to secure aid and administered by the designated city staff liaison(s) and as determined by ordinance or policy certain expenditures may be forwarded to the City Council for approval. CHAPTER 4 PARKS AND RECREATION COMMISSION 2-4-1: ESTABLISHMENT: There is hereby established a parks and recreation commission, the purpose of which shall be to work in conjunction with the parks department staff, and to advise the mayor and the city council in the orderly and efficient administration of the city parks and recreation system as hereinafter amended, and any other ordinances hereinafter enacted and amended relating to parks, urban forestry and recreation. 2-4-2: DUTIES AND POWERS: A. Advisory To City Council: The parks and recreation commission shall be deemed advisory and shall report and make recommendations to the mayor and city council. All actions of the parks and recreation commission shall be subject to approval by the mayor and city council by resolution and after such approval shall have the force and effect of ordinance. B. Annual Report: The parks and recreation commission president shall submit an annual report to the mayor and city council regarding the commission's activities and accomplishments in the furtherance of the objectives of this chapter. C. Commission Authority: The parks and recreation commission shall be authorized to: 1. Advise the city council and the mayor as to the best use of all public parks and any land or lots hereinafter purchased, leased, devised and bequeathed to the city for park and recreation purposes, and as such to make recommendation regarding the ornamenting, adorning, laying out and improving of the grounds of said parks. MERIDIAN CITY CODE TITLE 2 – COMMISSIONS AND COMMITTEES PAGE 9 OF 20 2. Study economic and physical conditions and problems in connection with the maintenance, operation, management, control and use of all the public park grounds, park and playground facilities in the city. 3. Propose and recommend rules and regulations for the control and regulation of the use of the public park grounds, buildings, and playground facilities; subject to approval by the mayor and city council. 4. Study and propose plans, and recommend rules and regulations for the planting, growing, care, regulation and control of trees and shrubbery in all public places. 5. Represent the public interest in making suggestions and recommendations for the development, use and expansion of needed and required playground and other recreational and leisure program activities. 6. Propose plans, recommendations and suggestions for the future growth, development and regulation of park, playground, and recreation facilities of the city. 7. Set priority to plans, recommendations and suggestions for the future growth, development and regulation of park, playground and recreation facilities of the city; subject to approval by the mayor and city council. 8. Propose plans, recommendations, and suggestions to the annual budget to be submitted by the parks director for the projects and expenditures for the next fiscal year prior to the budget proposal being submitted to city council for approval. 9. Suggest and recommend such rules and regulations necessary and desirable to carry out the intent of this chapter. 10. Review and comment on the parks and recreation department's master plan and any subsequent updates or revisions. 11. Review and comment on the city's comprehensive plan and any and all other City plan’s related to parks and recreation. 12. If requested by the mayor, review candidates for parks and recreation director and make recommendations to the mayor regarding those candidates. 13. Improve and correlate the problems of governmental administration of all recreation and leisure programs of the city. 14. Appoint members of the commission to subcommittees to provide community information to the parks and recreation commission concerning particular facilities or programs of the park and leisure movement of the city. MERIDIAN CITY CODE TITLE 2 – COMMISSIONS AND COMMITTEES PAGE 10 OF 20 15. Make recommendations regarding the establishment of all fees for facility reservations and/or rental, facility admission, program activity participation, and league registration; and the establishment of fees for urban forestry services. 2-4-3: MEMBERSHIP; QUALIFICATIONS: Residents who reside within the city limits, or area of impact, and are a minimum of eighteen (18) years of age are eligible to serve on the parks and recreation commission. One member shall be a resident of the area of impact but no more than two (2) members may be appointed from residents of the city impact area, outside the corporate limits. One member of the Meridian city council, the director of the parks and recreation department, and one member who represents the administration of the Meridian Joint School District 2 shall serve as ex officio members with no vote. 2-4-4: ORGANIZATION: A. Officers: At the December meeting of each year, the members of the parks and recreation commission shall meet and organize by electing a president, vice president and such other officers as may be necessary. The city parks and recreation staff shall provide secretarial service for the commission, and may request assistance from the city clerk. B. Rules And Bylaws: The parks and recreation commission shall adopt bylaws, rules and regulations for the proper conduct of the business of the commission. The bylaws, rules and regulations are subject to the approval of the mayor and city council after recommendation by the commission. 2-4-5: MEETINGS: The parks and recreation commission shall convene regular meetings at Meridian city hall, 33 East Broadway, Meridian, Idaho, each month at six o'clock (6:00) P.M. on the second Wednesday of each month unless, at the first meeting of each calendar year, the commission shall establish a meeting schedule for the calendar year in which event the published schedule shall apply. All meetings of the commission shall be open to the public, and shall follow the requirements of Idaho's open meeting laws. The commission shall allow and promote public participation in the meetings of the commission. Additional meetings of the commission may be scheduled by the commission as necessary to carry out the business of the commission. 2-4-6: BUDGET: The city shall provide the necessary and suitable equipment and supplies to enable the commission to properly transact and attend to its business. The budget for commission equipment and supplies shall be provided for through the parks and recreation department budget. MERIDIAN CITY CODE TITLE 2 – COMMISSIONS AND COMMITTEES PAGE 11 OF 20 CHAPTER 5 PLANNING AND ZONING COMMISSION 2-5-1: ESTABLISHMENT: There is hereby established a planning and zoning commission, the purpose of which shall be to advise the Mayor and City Council in regards to matters that come before them under Title 67, Chapter 65 of the Idaho Code known as the Local Land Use Planning Act, Title 11 of the Meridian City Code known as the Unified Development Code, and any and all other laws within their purview as defined by the federal, state, or local ordinance. 2-5-2: MEMBERSHIP; QUALIFICATIONS: The Planning and Zoning Commission shall have a minimum of three (3) members. The members, other than those from the impact area, must have resided in the county two (2) years and in the city for one (1) year prior to appointment, and must remain a resident of the city during his service on the commission. Except that at least one but not more than two (2) members may be appointed from residents of the city impact area, outside the corporate limits. Such members shall have similar residence requirements as those within the city, except that they need not have resided in the city for one year and need not be a resident of the city. Members of the commission shall be selected without respect to political affiliations. 2-5-3: ORGANIZATION: The commission shall elect a chairman and create and fill any other office that it may deem necessary. A commission may establish subcommittees, citizen advisory committees, hearing examiners or neighborhood groups to advise and assist in carrying out the responsibilities. A commission may appoint nonvoting ex officio advisors as may be deemed necessary. Pursuant to Idaho Code section 67-6520, the commission may appoint hearing examiners for hearing applications for subdivision and variance permits, and requests for zoning district boundary changes which are in accordance with the plan, and conduct all other business in accordance with Idaho Code section 67-6520. 2-5-4: RULES, RECORDS, AND MEETINGS: A. Adoption Of Bylaws: Written organization papers or bylaws consistent with this code and other laws of the state for the transaction of business of the commission may be adopted. B. Records: A record of meetings, hearings, resolutions, studies, findings, permits and actions taken shall be maintained. C. Meetings: The regular meetings of the planning and zoning commission of the city shall be held at Meridian City Hall, 33 East Broadway Avenue, Meridian, MERIDIAN CITY CODE TITLE 2 – COMMISSIONS AND COMMITTEES PAGE 12 OF 20 Idaho, on the first and third Thursday of each month at six o'clock (6:00) P.M. of said days. If the said first or third Thursday of any month is a holiday, the meeting shall not be held on that Thursday but shall be held the following Thursday at the same hour and place. All meetings and records shall be open to the public. A majority of the voting members of the commission shall constitute a quorum. 2-5-5: EXPENDITURES AND STAFF: With approval of the council, the commission may receive and expend funds, goods and services from the federal government or agencies and instrumentalities of state or local governments or from civic and private sources and may contract with these entities and provide information and reports as necessary to secure aid. Expenditures by a commission shall be within the amounts appropriated by the council. Within such limits, any commission is authorized to hire employees and technical advisors including, but not limited to, planners, engineers, architects and legal assistants. 2-5-6: DUTIES: The commission shall have the duties as set forth in title 11, chapter 5 of this code. 2-5-7: BUDGET: The budget for the planning and zoning commission as provided by the Idaho Code may be, with approval of a governing board through the legally required budgetary process, the commission may receipt and expend funds, goods, and services from the federal government or agencies and instrumentalities of state or local governments or from civic and private sources and may contract with these entities and provide information and reports as necessary to secure aid and administered by the planning and zoning designated city staff liaison(s) and as determined by ordinance or policy certain expenditures may be forwarded to the City Council for approval. CHAPTER 6 SOLID WASTE ADVISORY COMMISSION 2-6-1: ESTABLISHMENT: There is hereby established a solid waste advisory commission, the purpose of which shall be to propose and recommend to the mayor and the city council any new or amended rules, regulations, policies, and fees as such may relate to the orderly and efficient administration of the city's fully automated solid waste collection system. 2-6-2: DUTIES AND POWERS: A. Advisory To City Council: The solid waste advisory commission shall be deemed advisory and shall report and make recommendations to the mayor and city council. All actions of the solid waste advisory commission shall be subject to MERIDIAN CITY CODE TITLE 2 – COMMISSIONS AND COMMITTEES PAGE 13 OF 20 approval by the mayor and city council by resolution and after such approval shall have the force and effect of ordinance. B. Annual Report: The solid waste advisory commission chairperson shall submit an annual report to the mayor and city council regarding the commission's activities and accomplishments in the furtherance of the objectives of this chapter. C. Commission Authority: The solid waste advisory commission shall be authorized to: 1. Propose and recommend to the mayor and the city council any new or amended rules, regulations, policies, and fees as such may relate to improving the orderly and efficient administration of the city's fully automated solid waste collection system and voluntary commingled recycling program; 2. Propose new programs and projects designed to encourage, promote, and improve the solid waste and recycling practices in the community, helping reduce the amount of waste that ends up in the landfill; 3. Recommend ordinances for the purposes of ensuring that the fully automated solid waste collection system and voluntary commingled recycling program result in a cleaner, safer community and allow for more cost effective services; 4. Suggest and recommend such rules, regulations, policies, and fees necessary and desirable to enhance the equitable distribution of the cost of solid waste collection and disposal services in the community; 5. Assess the needs of the Meridian community with regard to the management of solid waste and make such information available to the city council and all interested agencies and persons; 6. Propose plans, recommendations and suggestions for the future growth, development and regulation of solid waste and recycling facilities and services of the city; 7. Cooperate with the federal, state, and local governments in the pursuance of the objectives of this chapter; 8. Study and report to city council changes in economic conditions, industry trends, and regulatory measures relating to the cost, operation and management of the city's fully automated solid waste management system and voluntary commingled recycling program; 9. Receive, review, and act on solid waste management concerns or issues brought forth by citizens of Meridian, with recommendations to be forwarded to the mayor and city council. MERIDIAN CITY CODE TITLE 2 – COMMISSIONS AND COMMITTEES PAGE 14 OF 20 2-6-3: MEMBERSHIP; QUALIFICATIONS: All members of the solid waste advisory commission shall have a demonstrated interest, competence, or knowledge in recycling and solid waste management. Members of the solid waste advisory commission shall be selected from the following groups: the utilities billing manager or designee; the director of the public works department or designee; the city attorney or designee; and at least three (3), but no more than five (5), Meridian citizens; one member of the Meridian city council who shall serve as a liaison and ex officio member of the commission without voting rights; and one member who represents the solid waste franchisee who shall serve as a liaison and ex officio member of the commission without voting rights. 2-6-4: ORGANIZATION: A. Officers: At the first meeting of each calendar year, the members of the solid waste advisory commission shall meet and organize by electing a chair, vice chair, and such other officers as may be necessary. The commission may request assistance from the city clerk. B. Rules And Bylaws: The solid waste advisory commission shall adopt bylaws, rules and regulations for the proper conduct of the business of the commission. All commission bylaws, rules and regulations are subject to the approval of the mayor and city council after recommendation by the commission. 2-6-5: MEETINGS: The solid waste advisory commission shall convene regular meetings at the Meridian City Hall, 33 East Broadway, Meridian, Idaho, at least quarterly. At the first meeting of each calendar year, the commission shall establish a meeting schedule for the calendar year in which event the published schedule shall apply. All meetings of the commission shall be open to the public, and shall follow the requirements of Idaho's open meeting laws. The commission shall keep minutes and other appropriate written records of its resolutions, proceedings, and actions. The commission shall allow and promote public participation in the meetings of the commission. Additional meetings of the commission may be scheduled as necessary to carry out the business of the commission. 2-6-6: BUDGET: The budget for the solid waste advisory commission, with approval of a governing board through the legally required budgetary process, the commission may receipt and expend funds, goods, and services from the federal government or agencies and instrumentalities of state or local governments or from civic and private sources and may contract with these entities and provide information and reports as necessary to secure aid and administered by the designated city staff liaison(s) and as determined by ordinance or policy certain expenditures may be forwarded to the City Council for approval. MERIDIAN CITY CODE TITLE 2 – COMMISSIONS AND COMMITTEES PAGE 15 OF 20 CHAPTER 7 TRANSPORTATION COMMISSION 2-7-1: ESTABLISHMENT: There is hereby established a transportation commission, the purpose of which shall be to provide a forum for cooperation, coordination, planning, and communication between the city of Meridian and its citizens and organizations concerned with transportation planning and the safe and efficient movement of vehicular and pedestrian traffic throughout the community, with other federal, state, and local governmental agencies including, but not limited to: Ada County highway district (ACHD), Idaho transportation department (ITD), Valley Regional Transit (VRT), and the Community Planning Association Of Southwest Idaho (COMPASS). 2-7-2: DUTIES AND POWERS: A. Advisory To City Council: The transportation commission shall be deemed advisory and shall report and make recommendations to the mayor and city council. All actions of the transportation commission shall be subject to approval by the mayor and city council by resolution and after such approval shall have the force and effect of ordinance. B. Annual Report: The transportation commission chairperson shall submit an annual report to the mayor and city council regarding the commission's activities and accomplishments in the furtherance of the objectives of this chapter. C. Commission Authority: The transportation commission shall be authorized to: 1. Receive, review, and make recommendations to the city council on all Meridian city traffic safety and transportation matters. 2. Suggest projects to the city council that increase safety in pedestrian and school traffic and that generally improve traffic safety throughout the city. 3. Receive, review, and act on motorist, pedestrian and bicyclist concerns or issues brought forth by citizens of Meridian, that relate to safety of the traveling public. 4. Evaluate and recommend to the city council amendment to the traffic safety and transportation elements of the city's comprehensive plan, as may be necessary. 5. Compile and recommend to city council annually a list of the highest priority roadway, intersection, bicycle and pedestrian improvement projects for inclusion in state, regional and local transportation funding programs, such as the COMPASS long range transportation plan, ACHD's capital improvements plan, and ITD's long range vision/plan. MERIDIAN CITY CODE TITLE 2 – COMMISSIONS AND COMMITTEES PAGE 16 OF 20 6. Review and make recommendations to city council on the annual budget and five (5) year work plan (FYWP) prepared by the ACHD. 7. Review and make recommendations to city council on rules and regulations related to speed limits. 8. Review and make recommendations to the city council regarding public transportation, including transit services. 9. Consider other transportation and traffic safety matters as may be referred to the commission by city council, other political bodies, or city staff. 2-7-3: MEMBERSHIP; QUALIFICATIONS: All members of the transportation commission shall have an interest, competence, or knowledge in matters relating to transportation planning and traffic safety. Commission membership shall be comprised of: four (4) Meridian citizens residing within city limits, one position of which may be designated to represent youth; three (3) Meridian business owners or employees of a business in Meridian; and two (2) individuals with technical expertise and/or education in a transportation related field. The four (4) Meridian citizens should, if possible, represent different geographic areas of Meridian. The six (6) nonvoting ex officio members shall be made up of representatives from the Meridian city council, ACHD, ITD, COMPASS, VRT, and/or Meridian joint school district #2 staff. The representative from the Meridian city council serves as both a liaison to the council and as a nonvoting ex officio member. 2-7-4: ORGANIZATION: A. Officers: At the first meeting of each calendar year, the members of the transportation commission shall meet and organize by electing a chair, vice chair, and such other officers as may be necessary. The commission may request assistance from the city clerk. B. Rules And Bylaws: The transportation commission shall adopt bylaws, rules and regulations for the proper conduct of the business of the commission. The bylaws, rules and regulations are subject to the approval of the mayor and city council after recommendation by the commission. 2-7-5: MEETINGS: The transportation commission shall convene regular meetings at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, each month at three thirty o'clock (3:30) P.M. on the first Monday of each month unless, at the first meeting of each calendar year, the commission shall establish a meeting schedule for the calendar year in which event the published schedule shall apply. All meetings of the commission shall be open to the public, and shall follow the requirements of Idaho's open meeting laws. The commission shall keep minutes and other appropriate written records of its MERIDIAN CITY CODE TITLE 2 – COMMISSIONS AND COMMITTEES PAGE 17 OF 20 resolutions, proceedings, and actions. The commission shall allow and promote public participation in the meetings of the commission. Additional meetings of the commission may be scheduled by the commission as necessary to carry out the business of the commission. 2-7-6: BUDGET: The city shall provide the necessary and suitable equipment and supplies to enable the transportation commission to properly transact and attend to its business. The budget for transportation commission equipment and supplies shall be provided for through the city budget and administered by the transportation commission's designated city staff liaison(s) and as determined by ordinance or policy certain expenditures may be forwarded to the City Council for approval. Chapter 8 BOARD OF ADJUSTMENT 2-8-1: ESTABLISHMENT: There is hereby established a board of adjustment, for the purpose of hearing disputes, objections, appeals, or requested adjustments by an authorized water and/or sewer user related to water and/or sewer user accounts, statements, fees, and/or permits including, but not limited to, nonpayment and shutoff of water service, assessment fees, connection fees, wastewater discharge permits, monthly user charges or other fees established by title 9 of this code regarding water and sewer use and service. 2-8-2: DUTIES AND POWERS: A. The board of adjustment shall be authorized to: 1. Propose to city council for approval the rules of procedure for conducting hearings by the board of adjustment. 2. Hear and decide disputes, objections, or appeals related to authorized water and/or sewer user accounts, statements, fees, and/or permits including, but not limited to, nonpayment and shutoff of water service, assessment fees, connection fees, wastewater discharge permits, monthly user charges or other fees established by title 9 of this code regarding water and sewer use and service. B. The board of adjustment shall not be authorized to accept payment of any monies; the board shall direct all payments to be made directly to the city finance department. MERIDIAN CITY CODE TITLE 2 – COMMISSIONS AND COMMITTEES PAGE 18 OF 20 2-8-3: MEMBERSHIP: A. Membership: 1. The board of adjustment shall consist of at least three (3) members, but no more than five (5) members. 2. Members of the board of adjustment shall be appointed by the mayor and approved by city council on a vote of a majority of the city council members, and board members may, in like manner, be removed. 3. All members of the board of adjustment and the officers thereof shall serve without salary or compensation. The city shall provide the necessary and suitable equipment and supplies to enable the board to properly transact and attend to its business. B. Qualifications: Members of the board of adjustment shall include the director of the public works department or designee; the city attorney or designee; and at least one citizen of Meridian, but no more than three (3) citizens. C. Citizen Terms: Citizen members of the board of adjustment shall serve three (3) year terms. Where two (2) or more citizens are initially appointed to the board of adjustment, such citizens' respective terms shall initially include one seat with a one year term; one seat with a two (2) year term; and all remaining citizen seats shall be three (3) year terms. Citizen members wishing to serve additional terms must submit a letter of interest to the mayor thirty (30) days prior to the term's expiration. Reappointments shall be made at the discretion of the mayor, with confirmation by the city council. D. Vacancies: Vacancies shall be filled in the same manner as original appointments and the appointee shall serve for the remainder of the unexpired term. 2-8-4: ORGANIZATION: The board of adjustment shall annually elect one member as chair. The board may select and elect such other officers as it deems necessary. 2-8-5: MEETINGS: The board of adjustment shall not meet regularly, but shall convene upon scheduling and notice by the city clerk following receipt of a written request for hearing as set forth in this chapter. The board of adjustment shall convene to conduct such hearings at three o'clock (3:00) P.M. on the third Wednesday of the month at the Meridian City Hall, 33 East Broadway, Meridian, Idaho. All meetings of the board of adjustment shall be open to the public, and shall comply with Idaho open meeting laws. Additional meetings of the board of adjustment may be scheduled by the board as necessary to carry out the business of the board. MERIDIAN CITY CODE TITLE 2 – COMMISSIONS AND COMMITTEES PAGE 19 OF 20 2-8-6: HEARING PROCEDURES: A. An authorized water and/or sewer user may request a hearing before the board of adjustment regarding any dispute, appeal, or objection related to such authorized water and/or sewer user's account, statement, and/or permit including, but not limited to, nonpayment and shutoff of water service (pretermination hearing), assessment fees, connection fees, wastewater discharge permits, monthly user charges or other fees established by title 9 of this code regarding water and sewer use and service by complying in all respects with the procedures set forth in this section. B. The authorized water and/or sewer user requesting a hearing before the board of adjustment (hereinafter "hearant") shall submit a written request for hearing to the city clerk within thirty (30) days from the dated notification of administrative denial of a request for adjustment. Such request for hearing shall include hearant's name, mailing address, telephone number, e-mail address, and water or sewer account number and address; names and contact information of other interested or involved parties; and a description of the matter(s) to be brought before and considered by the board of adjustment. C. Upon receipt of a timely and complete request for hearing, the city clerk shall schedule the matter for hearing at the next meeting of the board of adjustment, except that a request for hearing that is received after three o'clock (3:00) P.M. on the second Wednesday of the month shall not be heard until the third Wednesday of the following month. The city clerk has authority to schedule the matter for hearing at an alternative time, provided the hearing is scheduled not later than thirty (30) days from the next regularly scheduled meeting. Within two (2) working days of scheduling the hearing, the city clerk shall mail notice thereof to the hearant and to all known interested or involved parties in addition to the general notice provisions of Idaho open meeting laws. D. On the date and time duly noticed for hearing, the board of adjustment shall conduct a fair and impartial hearing on the matter brought by hearant. Hearant shall be afforded the opportunity to confront witnesses, to present credible evidence, to personally appear and be represented and/or accompanied by an advisor or other legal representative, to be judged on facts adduced at the hearing, and to otherwise be heard on the matter before the board of adjustment. E. The board of adjustment shall maintain a record of all hearings conducted and actions taken. F. The board of adjustment shall provide hearant with an oral decision at the conclusion of the hearing, which decision shall include the board of adjustment's general findings of fact and conclusions of law in support of its decision. The board shall declare the payment of any money deemed owed to the city due and payable to the city finance department immediately or by a date certain, as MERIDIAN CITY CODE TITLE 2 – COMMISSIONS AND COMMITTEES PAGE 20 OF 20 appropriate. The board shall also verbally and on the record inform the hearant of his or her right to appeal the board's decision to the city council. G. The board of adjustment shall prepare a written decision including its findings of fact and conclusions of law. The chair shall mail the written decision to hearant within two (2) working days of the conclusion of the hearing. 2-8-7: RIGHT TO APPEAL: A. A limited right of appeal to the city council shall be available to a hearant who receives an adverse decision by the board of adjustment and complies in all respects with the procedures set forth in this section. B. Within three (3) working days of the conclusion of the hearing before the board of adjustment, the hearant shall file with the city clerk: 1. A written notice of appeal, including hearant's name, mailing address, telephone number, e-mail address, and water or sewer account number and address; names and contact information of other interested or involved parties; and a statement of the basis for the appeal, including specific objections to the board of adjustment's findings of fact and/or conclusions of law; and 2. A cash or check deposit in the amount determined by the board of adjustment to be due and payable. C. Upon timely receipt of a complete notice of appeal, the city clerk shall schedule the appeal for hearing before the city council within thirty (30) calendar days. The city clerk shall provide notice of such hearing to the hearant and to all known interested or involved parties. D. On the date and time duly noticed for hearing before city council, each party may make a brief statement to city council. No new evidence shall be presented; city council shall decide the matter upon consideration of the record of hearing before the board of adjustment. E. City council may affirm, overturn, or modify the decision of the board of adjustment. City council shall overturn or modify the decision of the board of adjustment only where the board's findings of fact are not based upon substantial evidence or the conclusions of law are erroneous. City council may order that hearant's deposit be forfeited to city or refunded less any adjustments. City council may order that the payment of any additional money deemed owed to the city be due and payable to the city finance department by a date certain. The decision of the city council shall be final. Meridian City Council Meeting DATE: October 20, 2015 ITEM TITLE: Ordinance ITEM NUMBER: PROJECT NUMBER: Ordinance No. /IS - /(0(113 : An Ordinance Amending Meridian City Code as Codified at Title 11, Entitled Unified Development Code Pertaining to Drive Through Establishments as a Conditional Use in the O -T Zoning District; and a Modification to the Associated Specific Use Standards Listed in Unified Development Code 11-2D2; and Providing an Effective Date MEETING NOTES V r. Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. / -, /6 &3 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING MERIDIAN CITY CODE AS CODIFIED AT TITLE 11, ENTITLED THE UNIFIED DEVELOPMENT CODE, OF THE MERIDIAN CITY CODE PERTAINING TO DRIVE THROUGH ESTABLISHMENTS AS A CONDITIONAL USE IN THE O -T ZONING DISTRICT; AND A MODIFICATION TO THE ASSOCIATED SPECIFIC USE STANDARDS LISTED IN UNIFIED DEVELOPMENT CODE 11-2D2; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Unified Development Code is the official zoning ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate changes to the Unified Development Code within the City of Meridian to provide for orderly growth and development and to carry out the policies of Meridian's Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code Section 11-4-3-11, Unified Development Code, be amended in part as follows: 11-4-3-11: DRIVE-THROUGH ESTABLISHMENT: A. A drive-through establishment shall be an accessory use where the drive-through facility (including stacking lanes, speaker and/or order area, pick up windows, and exit lanes) is: 1) not within three hundred feet (300') of another drive-through facility, a residential district, or an existing residence; or 2) separated by an arterial street from any other drive-through facility, residential district or existing residence; or 3) not within the O -T zoning district. Otherwise a conditional use permit is required. B. All establishments providing drive-through service shall identify the stacking lane, menu and speaker location (if applicable), and window location on the certificate of zoning compliance or the conditional use permit. Speakers are prohibited in the O -T zoning district. C. A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum the plan shall demonstrate compliance with the following standards: 1. Stacking lanes shall have sufficient capacity to prevent obstruction of driveways, drive aisles, and the public right of way by patrons. 2. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking, except stacking lanes may provide access to designated employee parking. 3. The stacking lane shall not be located within ten feet (10') of any residential district or existing residence. AUGUST 2015 UPDATE UNIFIED DEVELOPMENT CODE TExT AMENDMENT ORDINANCE - ZOA-15-001 PAGE 1 OF 4 4. Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane. 5. The site should be designed so that the drive-through is visible from a public street for surveillance purposes. D. The applicant shall provide a six foot (6') sight obscuring fence where a stacking lane or window location adjoins a residential district or an existing residence. (Ord. 12-1514, 5-16-2012, eff. 5-21- 2012). Section 2. That Meridian City Code Section 11-2D-2 (Table), Unified Development Code, be amended to allow for Drive -Through Establishments as follows: 11-2D-2: ALLOWED USES IN THE TRADITIONAL NEIGHBORHOOD DISTRICTS: TABLET 1-2D-2 Use O -T TN -C TNR v Artist studio' � � Arts, entertainment or recreation facility, indoors' P C Arts, entertainment or recreation facility, outdoor stage or music venue Arts, entertainment or recreation facility, outdoors'[c Fc - Building material, garden equipment and supplies' Church or place of religious worship' FFP C { Civic, social or fraternal organizations' P C C Conference center �P - Construction sand and gravel mining cc C i Daycare center C Daycare, family' FAA I A fDaycare, group' �------------– –---- P P C Dri king ii g establishment' FCI Drive -Through Establishment�I C F Dwelling, secondary FA ^� A rDwelling, single-family attached I "I �� P Dwelling, single-family detached Dwelling, townhouse P ;� I "I C P �P I ' Dwelling, two-family duplex — F. _ P C P UFO AUGUST 2015 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-15-001 PAGE 2 OF 4 Education institution, private P C C Education institution, public' Financial institution' f P I f P P PIC C Healthcare or social services Home occupation' P A A A Hospital' rHotel and motel' _ _C_1 PIC ( C �- Industry, information' — �P/C P/C Industry, light' C Laundromat' P P A Laundry and dry cleaning �P P Mortuary f C I vl - Multi -family development' P P P Nursing or residential care facility' Parking facility C I C Parks,ublic and private P P P r— — Personal service C Professional service �P �,� P ^f C Public, infrastructure' C C C Public or quasi -public use' I ' I ' I C Public utility, minor P Restaurant P P Retail store r P P Retail store, wine and beer sales and servings' ( P I - Vehicle repair, minor' A (� Vertically integrated residential project' Wireless communication facility' P P/C I P �P P/C I PIC Wireless communication facility, amateur radio antenna' A/C A/C A/C Note: 1, Indicates uses that are subject to specific use standards in accord with chapter 4 of this title. (Ord. 12-1514, 5-16-2012, eff. 5-21-2012) AUGUST 2015 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-15-001 PAGE 3 OF 4 Section 3. That all other provisions of Title 11 as they relate to the Unified Development Code remain unchanged. Section 4. That this ordinance shall be effective immediately upon its passage and publication. /1' f' % ll ��r PASSED by the City Council of the City of Meridian, Idaho, this AU day of /C 7 t'01 bt- , 2015. APPROVED by the Mayor of the City of Meridian, Idaho, this day of a, 9 2015. ATTEST: 76 JAYC'Et L. HOLMAN, crry CR city of EAIDIAN�-'- " 011 SEAL AUGUST 2015 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-15-001 PAGE 4 OF 4 Meridian City Council Meeting DATE: October 20, 2015 ITEM NUMBER: ITEM TITLE: Other items 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: October 20, 2015 ITEM NUMBER: 11 PROJECT NUMBER: ITEM TITLE: Executive Session Executive Session Per Idaho State Code 74-206(d)(f): (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code; (f) To Consider and Advise Its Legal Representatives in Pending Litigation 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